HomeMy WebLinkAbout6. New Business 12/21/2010 Mount Prospect
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM of*.
TO: MICHAEL E. JANONIS, VILLAGE MANAGER �p
FROM: FINANCE DIRECTOR 1 a'' ( v
DATE: DECEMBER 15, 2010
SUBJECT: 2010 BUDGET AMENDMENT NO 2
PURPOSE:
Present a recommendation that the annual budget be amended for fiscal year beginning January 1,
2010 and ending December 31, 2010.
BACKGROUND:
Ordinance 5779, adopted December 15, 2009, established the annual budget for the year ending
December 31, 2010. Ordinance 5790 adopted on March 16, 2010 provided for amendment #1 of
the 2010 budget.
DISCUSSION:
Each year the Village prepares two separate amendments to the current year's budget. Amendment
#1, prepared in Spring /Summer, amends the budget for carry-over items from the prior year's
budget. These are typically construction or other contractual service type projects that are started in
the previous year but not completed. Amendment #2, prepared in November or December, amends
the budget to account for material variations in revenues and expenditures. Many times these are
the result of fluctuations in the economy affecting revenues (either positively or negatively) or
extraordinary or unanticipated charges for expenditures that occurred during the year.
A proposed ordinance amending the 2010 annual budget is attached for the Board's consideration.
In total, this amendment decreases revenue projections by $4,889,804 and increases the budget for
expenditures by $3,615,833. Amendments to the budget impacting revenues are made up of
various adjustments to tax, fee and other intergovernmental revenue accounts, grant receipts,
investment income and other reimbursements. Significant revenue adjustments occurred in the
Police and Fire Pension Funds related to investment income. Revenue in the Police Pension fund
was decreased $1.8 million while revenue in the Fire Pension Fund was decreased $1.7 million due
to losses in the investment portfolio.
There are several notable budget adjustments related to expenditures. The first is a transfer from
the General Fund to the Capital Improvement Fund. A total of $861,000 is being transferred in 2010
to cover a portion of the cost of replacement fire station #14, emergency operations center and
public works expansion. This is the final transfer from the General Fund for these projects. Other
adjustments to budgeted expenditures include medical insurance, debt service principal and interest
payments and other grant related expenses (EECBG).
r2c-•
2010 Budget Amendment No. 2
December 15, 2010
Page 2
RECOMMENDATION:
It is recommended the Village Board adopt the proposed budget amendment #2 for the 2010 annual
budget.
Copy: Finance Commission
Department Directors
DOE/
I: \Budget 2010\Amendments \Board Memo Amendment #2 - December 2010.doc
ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL
BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2010
AND ENDING DECEMBER 31, 2010
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the day of , 2010
Published in pamphlet form by
authority of the corporate authorities
of the Village of Mount Prospect, Illinois
the _ day of , 2010.
ORDINANCE NO.
AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL
BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2010
AND ENDING DECEMBER 31, 2010
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed
and approved Ordinance No. 2342 which sets the finances of the Village under the "Budget
Officer System "; and
WHEREAS, pursuant to the aforesaid Ordinance and the Statutes of the State of Illinois an annual
budget for the fiscal year commencing January 1, 2010 and ending December 31, 2010 was
adopted through the passage of Ordinance No. 5779 approved by the Corporate Authorities of the
Village of Mount Prospect on December 15, 2009; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed
and approved Ordinance No. 5790 on March 16, 2010, amending the annual budget for the fiscal
year commencing January 1, 2010 and ending December 31, 2010; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have further
reviewed certain additions and changes to the aforesaid budget for the fiscal year beginning
January 1, 2010 and ending December 31, 2010; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the
changes, as specified on the attached January 1, 2010 through December 31, 2010 Budget
Amendment No. 2 to be in the best interest of the Village of Mount Prospect; and
WHEREAS, the Village has now revised the revenue projections or has reserves in each of the
Funds in which the budget is being increased adequate in amount to cover the budget changes
reflected in Budget Amendment No. 2, attached hereto.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: That the fiscal year budget for January 1, 2010 through December 31, 2010 for
the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 2
attached hereto.
SECTION TWO: That this ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
AYES:
NAYES:
ABSENT:
PASSED and APPROVED this day of , 2010.
Irvana K. Wilks
Mayor
ATTEST
M. Lisa Angell
Village Clerk
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Revenues
Original Amended
Revenue Increase Revenue
Fund /Program /Classification Account # Account Description Estimate (Decrease) Estimate
General Fund
(001)
Property Taxes 400.002 Property Taxes - Prior 0 5,000 5,000
Property Taxes 400.004 Property Taxes - Prior Police 0 10,000 10,000
Property Taxes 400.006 Property Taxes - Prior Fire 0 25,000 25,000
Other Taxes 401.002 Gas Use Tax 115,000 (20,000) 95,000
Other Taxes 401.003 NICOR Gas Tax 630,000 (120,000) 510,000
Other Taxes 402.003 Food & Beverage Tax 728,000 60,000 788,000
Other Taxes 402.007 Real Estate Transfer Tax 650,000 (250,000) 400,000
Other Taxes 403.003 Home Rule Sales Tax - 3rd 1,246,000 (146,000) 1,100,000
License, Permits and Fees 410.001 Building Premits 550,000 135,000 685,000
License, Permits and Fees 410.003 Electrical Permits 41,000 (20,000) 21,000
License, Permits and Fees 410.004 Landlord/Tenant Permits 255,000 10,000 265,000
License, Permits and Fees 410.005 Plumbing Permits 42,000 (20,000) 22,000
License, Permits and Fees 410.006 Improv. Inspection Permits 75,000 (75,000) 0
Intergovernmental Revenue 415.004 Sales Taxes 9,560,000 640,000 10,200,000
Fines & Forfeits 453.008 Forfeited Escrow Funds 50,000 (20,000) 30,000
Fines & Forfeits 453.011 Parking Fines 300,000 (60,000) 240,000
Fines & Forfeits 453.012 Permit Penalties 3,000 5,000 8,000
Investment Income 456.001 Interest Income 90,000 (85,000) 5,000
Investment Income 457.001 Interest Income - Escrow 18,000 (15,000) 3,000
Investment Income 458.001 Bank Account Interest 20,000 20,000 40,000
Reimbursements 473.006 Other Reimbursements 34,000 3,000 37,000
Reimbursements 473.008 Property Damage Reimb. 30,000 12,000 42,000
Reimbursements 473.012 Tree Replacement 66,000 (50,000) 16,000
Other Revenue 479.005 Miscellaneous Income 39,000 100,000 139,000
Other Revenue 495.005 Fine Arts /Blues Festival 0 3,000 3,000
Other Financing Sources 492.001 Sale of Property 0 2,000 2,000
(001.20.26.00.0.000)
Charges for Service 442.008 Experience MP Television 27,000 (27,000) 0
(001.40.00.00.0.000) 0
Fines and Forefeits 453.003 Code Enforcement Fines 10,000 7,500 17,500
(001.50.00.00.0.000) 0
Reimbursements 473.003 Home Delivered Meals 53,000 (20,000) 33,000
Other Revenue 476.003 Human Services Revenue 35,000 (10,000) 25,000
(001.50.54.00.0.000) 0
Other Revenue 479.004 Community Connection Center 24,000 15,000 39,000
(001.60.00.00.0.000) 0
Fines & Forfeits 453.001 Circuit Court Fines 275,000 (50,000) 225,000
(001.60.61.00.0.000) 0
Charges for Service 444.001 Special Detail Revenue 15,000 20,000 35,000
(001.80.00.00.0.000) 0
Other Revenue 477.006 Public Works Donations 1,500 17,000 18,500
14,982,500 101,500 15,084,000
All other General Fund accounts 25,708,600 0 25,708,600
Total General Fund 40,691,100 101,500 40,792,600
1
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Revenues
Original Amended
Revenue Increase Revenue
Fund /Program /Classification Account # Account Description Estimate (Decrease) Estimate
Debt Service Fund
(002.00.00.00.2.505)
Property Taxes 400.001 Property Taxes - Current Year 378,000 (378,000) 0
(002.00.00.00.2.511)
Property Taxes 400.001 Property Taxes - Current Year 0 99,000 99,000
Investment Income 456.001 Interest Income 0 100 100
(002.00.00.00.2.512)
Property Taxes 400.001 Property Taxes - Current Year 0 82,000 82,000
Intergovernmental Revenue 417.003 BAB Subsidy 0 44,501 44,501
Investment Income 456.001 Interest Income 0 100 100
(002.00.00.00.2.650)
Other Taxes 403.001 Home Rule Sales Tax - 1st 1,140,708 (40,708) 1,100,000
Investment Income 456.001 Interest Income 0 500 500
1,518,708 (192,507) 1,326,201
All other Debt Service Fund accounts 1,319,000 0 1,319,000
Total Debt Service Fund 2,837,708 (192,507) 2,645,201
Capital Improvement Fund
(020)
Other Taxes 403.004 Home Rule Sales Tax - 4th 1,146,000 (146,000) 1,000,000
Intergovernmental 418.008 EECBG Grant 0 40,000 40,000
Intergovernmental 458.010 EECBG Grant - Weatherization 0 90,000 90,000
Investment Income 456.001 Interest Income 11,500 (10,000) 1,500
Other Revenue 477.001 Developer Donations 0 10,000 10,000
1,157,500 (16,000) 1,141,500
All other Capital Improvement Fund accounts 264,000 0 264,000
Total Capital Improvement Fund 1,421,500 (16,000) 1,405,500
Series 2009 Construction Fund
(020)
Investment Income 456.001 Interest Income 1,000 40,000 41,000
Other Financing Sources 487.001 Transfer In 973,505 (112,505) 861,000
974,505 (72,505) 902,000
All other Series 2009 Construction Fund accounts 150,000 0 150,000
Total Series 2009 Construction Fund 1,124,505 (72,505) 1,052,000
Downtown Redevelopment Fund
(022)
Property Taxes 400.012 Property Taxes - Prior 0 35,000 35,000
Investment income 456.001 Interest Income 11,000 (9,000) 2,000
11,000 26,000 37,000
All other Downtown Redevelopment Fund accounts 2,556,000 0 2,556,000
Total Downtown Redevelopment Fund 2,567,000 26,000 2,593,000
2
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Revenues
Original Amended
Revenue Increase Revenue
Fund /Program /Classification Account # Account Description Estimate (Decrease) Estimate
Street Improvement Construction Fund
(023)
Other Taxes 402.006 Municipal Motor Fuel Tax 260,000 50,000 310,000
Other Taxes 403.002 Home Rule Sales Tax -2nd 1,246,000 (146,000) 1,100,000
Intergovernmental 419.015 IDOT Grant 0 435,000 435,000
Other Revenue 479.005 Miscellaneous Income 0 6,000 6,000
1,506,000 345,000 1,851,000
All other Street Improvement Construction Fund accounts 211,600 0 211,600
Total Street Improvement Construction Fund 1,717,600 345,000 2,062,600
Flood Control Construction Fund
(024)
Other Taxes 403.001 Home Rule Sales Tax -1st 105,292 (105,292) 0
Reimbursements 473.009 PH Levee 37 Reimbursement 47,500 10,000 57,500
152,792 (95,292) 57,500
All other Flood Control Construction Fund accounts 46,000 0 46,000
Total Flood Control Construction Fund 198,792 (95,292) 103,500
Refuse Disposal Fund
(040)
Property Taxes 400.002 Property Taxes - Prior 0 2,000 2,000
Investment Income 456.001 Interest Income 22,500 (21,000) 1,500
Other Revenue 479.005 Miscellaneous Income 1,000 10,000 11,000
(040.80.85.00.0.000)
Fines & Forfeits 453.010 MF Refuse Disposal Penalties 10,000 5,000 15,000
Fines & Forfeits 453.014 SF Refuse Disposal Penalties 10,000 5,000 15,000
Other Revenue 482.001 Sale of Refuse Stickers 225,000 6,000 231,000
268,500 7,000 275,500
All other Refuse Disposal Fund accounts 3,770,000 0 3,770,000
Total Refuse Disposal Fund 4,038,500 7,000 4,045,500
Motor Fuel Tax Fund
(041)
Intergovernmental Revenues 415.003 State Motor Fuel Tax 1,445,000 215,000 1,660,000
Reimbursements 473.004 MFT Project Reimbursements 5,000 8,000 13,000
1,450,000 223,000 1,673,000
All other Motor Fuel Tax Fund accounts 386,500 0 386,500
Total Motor Fuel Tax Fund 1,836,500 223,000 2,059,500
Community Development Block Grant Fund
(042)
Intergovernmental Revenues 415.003 CDBG 515,447 100,000 615,447
Other Revenue 476.001 Program Income 50,000 20,000 70,000
565,447 120,000 685,447
All other Community Development Block Grant Fund accounts 0 0 0
Total Community Development Block Grant Fund 565,447 120,000 685,447
3
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Revenues
Original Amended
Revenue Increase Revenue
Fund /Program /Classification Account # Account Description Estimate (Decrease) Estimate
Asset Seizure Fund
(043.60.61.00.0.000)
Fines & Forfeits 453.013 Seized Assets 5,000 11,000 16,000
5,000 11,000 16,000
All other Asset Seizure Fund accounts 560,447 0 560,447
Total Asset Seizure Fund 565,447 11,000 576,447
Foreign Fire Tax Board Fund
(046)
Other Taxes 402.004 Foreign Fire Insurance Tax 35,000 21,000 56,000
35,000 21,000 56,000
All other Foreign Fire Tax Board Fund accounts 500 0 500
Total Foreign Fire Tax Board Fund 35,500 21,000 56,500
Water and Sewer Fund
(050)
Other Revenue 479.005 Miscellaneous lncome 20,000 12,000 32,000
(050.80.84.00.0.000)
Reimbursements 473.013 Water Fund Reimbursements 1,000 10,000 11,000
(050.80.84.87.0.000)
Charges for Service 446.001 Water Sales 7,305,000 (1,000,000) 6,305,000
Charges for Service 446.004 Water Meter Fees 10,000 15,000 25,000
(050.80.84.88.0.000)
Charges for Service 446.002 Sewer Fees 2,355,000 (500,000) 1,855,000
9,691,000 (1,463,000) 8,228,000
All other Water and Sewer Fund accounts 2,534,500 0 2,534,500
Total Water and Sewer Fund 12,225,500 (1,463,000) 10,762,500
Village Parking System Fund
(051)
Other Revenue 480.003 Train Depot Lease 0 3,000 3,000
0 3,000 3,000
All other Village Parking System Fund accounts 152,000 0 152,000
Total Village Parking System Fund 152,000 3,000 155,000
Parking System Revenue Fund
(052)
Charges for Service 447.002 Parking Fees - Meter Lot C 47,000 3,000 50,000
47,000 3,000 50,000
All other Parking System Revenue Fund accounts 112,500 0 112,500
Total Parking System Revenue Fund 159,500 3,000 162,500
4
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Revenues
Original Amended
Revenue Increase Revenue
Fund /Program /Classification Account # Account Description Estimate (Decrease) Estimate
Vehicle Replacement Fund
(061)
Investement Income 456.001 Interest income 76,500 (68,000) 8,500
Other Financing Sources 493.001 Gain /Loss on Sale of Assets 50,000 70,000 120,000
126,500 2,000 128,500
All other Vehicle Replacement Fund accounts 111,700 0 111,700
Total Vehicle Repalcement Fund 238,200 2,000 240,200
Computer Replacement Fund
(062)
Investement Income 456.001 Interest Income 12,000 (10,000) 2,000
12,000 (10,000) 2,000
All other Computer Replacement Fund accounts 0 0 0
Total Computer Replacement Fund 12,000 (10,000) 2,000
Risk Management Fund
(063)
Investement Income 456.001 Interest Income 31,500 (28,000) 3,500
Reimbursements 473.016 Insurance Reimbursements 0 32,000 32,000
(063.00.00.00.4.000)
Charges for Service 440.002 Medical - GF Charges 3,608,344 (340,000) 3,268,344
(063.80.84.00.4.000)
Charges for Service 440.008 Medical - Water Charges 305,708 (25,000) 280,708
3,945,552 (361,000) 3,584,552
All other Risk Management Fund accounts 2,919,546 0 2,919,546
Total Risk Management Fund 6,865,098 (361,000) 6,504,098
Police Pension Fund
(070)
Investement Income 460.001 Investment Income - Mngr S 587,500 (200,000) 387,500
Investement Income 464.001 Investment Income - Mngr M 437,500 (167,000) 270,500
Investement Income 466.001 Realized Gains /Losses - S 90,000 (70,000) 20,000
Investement Income 466.003 Realized Gains /Losses - M 90,000 (70,000) 20,000
Investement Income 467.001 Unrealized Gains /Losses - S 100,000 (600,000) (500,000)
Investement Income 467.003 Unrealized Gains /Losses - M 100,000 (400,000) (300,000)
Investement Income 468.001 Market Gain /Loss - Equities 1,200,000 (300,000) 900,000
Other Revenue 478.005 Police Contributions 735,500 (50,000) 685,500
3,340,500 (1,857,000) 1,483,500
All other Police Pension Fund accounts 2,245,000 0 2,245,000
Total Police Pension Fund 5,585,500 (1,857,000) 3,728,500
5
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Revenues
Original Amended
Revenue Increase Revenue
Fund /Program /Classification Account # Account Description Estimate (Decrease) Estimate
Fire Pension Fund
(071)
Investement Income 460.001 Investment Income - Mngr S 591,500 (200,000) 391,500
Investement Income 462.001 Investment Income - Mngr C 516,500 20,000 536,500
Investement Income 466.001 Realized Gains /Losses - S 90,000 (75,000) 15,000
Investement Income 467.001 Unrealized Gains /Losses - S 100,000 (600,000) (500,000)
Investement Income 467.002 Unrealized Gains /Losses - C 100,000 (330,000) (230,000)
Investement Income 468.001 Market Gain /Loss - Equities 1,140,000 (500,000) 640,000
2,538,000 (1,685,000) 853,000
All other Fire Pension Fund accounts 2,646,300 0 2,646,300
Total Fire Pension Fund 5,184,300 (1,685,000) 3,499,300
Total Estimated Revenues
Funds being changed 88,021,697 (4,889,804) 83,131,893
All other Village Budget accounts 1,116,745 0 1,116,745
Total Estimated Revenues After Changes 89,138,442 (4,889,804) 84,248,638
6
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Expenditures
Current Amended
Budget Increase Budget
Fund /Program /Classification Account # Account Description Amount (Decrease) Amount
General Fund
(001.00.00.00.0.000)
Interfund Transfers 697.001 Transfer Out 0 861,000 861,000
(001.10.11.00.0.000) Public Representation
Contractual Services 530.002 Auditing Services 29,375 (5,000) 24,375
Contractual Services 578.009 Idol Event 0 40,000 40,000
(001.10.11.00.0.001) Community Groups
Contractual Services 578.005 Mid- Summer Block Party 11,200 8,000 19,200
Contractual Services 578.008 Winter Festival Parade 29,500 (29,500) 0
(001.10.11.00.8.400) Civic Events
Personal Services 503.001 Overtime 91,054 10,000 101,054
Commodities & Supplies 617.003 Supplies for Block Party 10,000 5,500 15,500
(001.10.11.00.8.401) Holiday Decorations
Contractual Services 580.004 White Light Installation 33,390 (20,000) 13,390
(001.20.21.00.0.000) Village Manager's Office
Employee Benefits 510.001 Medical Insurance 46,923 (4,000) 42,923
(001.20.22.00.0.000) Village Clerk's Office
Employee Benefits 510.001 Medical Insurance 25,364 (2,000) 23,364
Employee Benefits 513.002 Vacation /Personal Leave Incentive 3,000 2,600 5,600
Contractual Services 551.001 Copier Lease Payment 7,700 2,250 9,950
(001.20.23.00.0.000) Human Resources
Employee Benefits 510.001 Medical Insurance 27,266 (2,500) 24,766
Other Employee Costs 519.001 Employee Recognition 9,500 6,000 15,500
(001.20.24.00.0.000) Information Technology
Employee Benefits 510.001 Medical Insurance 63,410 (6,000) 57,410
Employee Benefits 513.002 Vacation /Personal Leave Incentive 2,500 4,100 6,600
(001.20.25.00.0.000) Public Information
Employee Benefits 510.001 Medical Insurance 12,682 (1,000) 11,682
Contractual Services 530.006 Other Professional Services 20,000 25,000 45,000
(001.20.26.00.0.000) Television Services
Personal Services 503.001 Overtime 3,000 2,000 5,000
(001.30.01.00.0.000) Finance Administration
Employee Benefits 510.001 Medical Insurance 19,023 (1,500) 17,523
Contractual Services 563.003 Bank Processing Fees 56,700 (20,000) 36,700
Insurance 596.001 Liability Premiums 226,077 (18,500) 207,577
(001.30.31.00.0.000) Finance Accounting
Employee Benefits 510.001 Medical Insurance 79,263 (7,500) 71,763
(001.30.32.00.0.000) Finance Customer Service
Employee Benefits 510.001 Medical Insurance 53,899 (5,000) 48,899
Contractual Services 544.002 Postage 22,000 8,000 30,000
(001.40.01.00.0.000) Community Development Administration
Employee Benefits 510.001 Medical Insurance 19,023 (1,500) 17,523
Contractual Services 530.012 Community Connections Center 0 2,000 2,000
(001.40.41.00.0.000) Community Development Planning & Zoning
Employee Benefits 510.001 Medical Insurance 38,046 (3,500) 34,546
(001.40.42.00.0.000) Community Development Building
Employee Benefits 510.001 Medical Insurance 126,820 (10,000) 116,820
(001.40.43.41.0.000) Community Development Housing Inspections
Personal Services 503.001 Overtime 1,700 1,000 2,700
Employee Benefits 510.001 Medical Insurance 72,922 (6,500) 66,422
Contractual Services 530.006 Other Professional Services 10,706 4,100 14,806
7
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Expenditures
Current Amended
Budget Increase Budget
Fund /Program /Classification Account # Account Description Amount (Decrease) Amount
General Fund (cont.)
(001.40.43.42.0.000) Community Development Health Inspections
Personal Services 503.001 Overtime 600 1,000 1,600
Employee Benefits 510.001 Medical Insurance 15,853 (2,000) 13,853
Employee Benefits 513.002 Vacation /Personal Leave Incentive 1,000 2,000 3,000
(001.50.01.00.0.000) Human Services Administration
Employee Benefits 510.001 Medical Insurance 16,487 (1,500) 14,987
Employee Benefits 513.001 Sick Leave Incentive 1,500 2,200 3,700
(001.50.51.00.0.000) Human Services Social Services
Employee Benefits 510.001 Medical Insurance 48,192 (5,500) 42,692
(001.50.52.00.0.000) Human Services Nursing/Health
Personal Services 501.001 Part-Time Earnings 7,460 2,000 9,460
Employee Benefits 510.001 Medical Insurance 19,023 (1,500) 17,523
Contractual Services 573.001 Home Delivered Meals 47,500 (15,000) 32,500
(001.50.53.00.0.000) Human Services Senior Activities
Contractual Services 573.005 Senior Taxi Program 7,500 (3,500) 4,000
(001.50.54.00.0.000) Human Services Community Connection Center
Personal Services 501.001 Part-Time Earnings 40,061 6,000 46,061
Personal Services 505.001 Holiday Pay 0 1,500 1,500
Personal Services 503.001 Overtime 0 3,500 3,500
Employee Benefits 510.001 Medical Insurance 25,364 (2,000) 23,364
(001.60.01.00.0.000) Police Administration
Employee Benefits 510.001 Medical Insurance 164,866 (15,000) 149,866
Employee Benefits 510.003 Worker's Compensation Insurance 227,318 (18,000) 209,318
Employee Benefits 513.002 Vacation /Personal Leave Incentive 90,000 20,000 110,000
Employee Benefits 513.003 Sick Leave Incentive 23,513 35,500 59,013
(001.60.61.64.0.000) Police Crime Prevention
Personal Services 503.001 Overtime 13,700 1,000 14,700
Employee Benefits 510.001 Medical Insurance 30,437 (2,500) 27,937
Contractual Services 551.001 Copier Lease Payment 1,500 5,000 6,500
(001.60.61.65.0.000) Police Crime Patrol & Traffic
Personal Services 503.001 Overtime 451,400 (250,000) 201,400
Employee Benefits 510.001 Medical Insurance 1,041,192 (100,000) 941,192
Employee Benefits 513.003 Sick Leave Incentive 25,000 2,000 27,000
Employee Benefits 513.004 Employee Allowances 32,500 6,000 38,500
(001.60.61.66.0.000) Police Investigative
Employee Benefits 510.001 Medical Insurance 152,184 (14,000) 138,184
(001.70.01.00.0.000) Fire Administration
Employee Benefits 510.001 Medical Insurance 76,092 (7,000) 69,092
Employee Benefits 510.003 Worker's Compensation Insurance 184,624 (15,000) 169,624
Employee Benefits 513.003 Retiree Sick Leave Incentive 0 206,000 206,000
(001.70.71.00.0.000) Fire Operations
Personal Services 504.001 Specialty Pay 8,700 50,000 58,700
Personal Services 503.001 Overtime 350,800 25,000 375,800
Employee Benefits 510.001 Medical Insurance 875,058 (85,000) 790,058
Other Equipment 665.032 Paramedic Equipment 16,500 7,250 23,750
(001.70.71.00.0.302) Fire Operations - Paid On Call
Personal Services 502.001 Seasonal Earnings 18,340 4,000 22,340
Personal Services 503.001 Overtime 0 1,000 1,000
(001.70.72.00.0.000) Fire - Fire Prevention
Employee Benefits 510.001 Medical Insurance 76,092 (7,000) 69,092
Commodities & Supplies 608.001 Other Supplies 1,000 1,000 2,000
(001.80.01.00.0.000) Public Works Administration
Employee Benefits 510.001 Medical Insurance 38,046 (4,500) 33,546
Employee Benefits 513.002 Vacation /Personal Leave Incentive 7,500 5,000 12,500
8
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Expenditures
Current Amended
Budget Increase Budget
Fund /Program /Classification Account # Account Description Amount (Decrease) Amount
General Fund (cont.)
(001.80.81.00.0.350) Public Works Streets
Employee Benefits 510.001 Medical Insurance 22,828 (2,000) 20,828
(001.80.81.00.0.353) Public Works Storm Sewer and Basin Maintenance
Employee Benefits 510.001 Medical Insurance 21,559 (2,000) 19,559
(001.80.81.00.0.354) Public Works Snow Removal
Employee Benefits 510.001 Medical Insurance 17,755 (2,000) 15,755
Contractual Services 575.011 Contractual Snow Removal 50,000 53,000 103,000
(001.80.81.82.0.000) Public Works Buildings
Employee Benefits 510.001 Medical Insurance 63,410 (6,000) 57,410
Utilities 585.001 Natural Gas 70,000 (34,000) 36,000
Utilities 591.001 Water & Sewer 3,193 4,000 7,193
Commodities & Supplies 627.002 Gas - Generators 0 7,500 7,500
(001.80.82.00.0.000) Public Works Forestry & Grounds
Employee Benefits 510.001 Medical Insurance 25,364 (2,000) 23,364
(001.80.82.83.0.000) Public Works Forestry
Employee Benefits 510.001 Medical Insurance 48,192 (4,000) 44,192
(001.80.82.84.0.000) Public Works Grounds
Employee Benefits 510.001 Medical Insurance 39,314 (3,500) 35,814
(001.80.83.00.0.000) Public Works Engineering
Employee Benefits 510.001 Medical Insurance 76,092 (7,000) 69,092
(001.80.83.86.0.357) Public Works Traffic control 8, Street Lighting
Employee Benefits 510.001 Medical Insurance 13,950 (1,000) 12,950
5,740,602 676,500 6,417,102
All other General Fund accounts 35,404,928 0 35,404,928
Total General Fund 41,145,530 676,500 41,822,030
Debt Service
(002.00.00.00.2.505)
Bond Principal 685.006 Series 2001 Bond Principal 225,000 (225,000) 0
Interest Expense 690.006 Series 2001 Bond Interest 156,603 (156,603) 0
Bank & Fiscal Fees 695.006 Series 2001 Bank Fees 600 (450) 150
(002.00.00.00.2.511)
Interest Expense 690.009 Series 2009B Bond Interest 0 99,440 99,440
(002.00.00.00.2.512)
Interest Expense 690.010 Series 2009C Bond Interest 0 127,146 127,146
382,203 (155,467) 226,736
All other Debt Service Fund accounts 1,943,677 0 1,943,677
Total Debt Service Fund 2,325,880 (155,467) 2,170,413
Capital Improvement Fund
(020.20.21.00.1.000)
Contractual Services 530.007 EECBG Grant Planning Services 0 7,500 7,500
(020.30.01.00.1.000)
Contractual Services 561.001 ERP Software 600,000 400,000 1,000,000
(020.40.01.00.1.000)
Contractual Services 530.017 EECBG - Bike Plan 0 40,000 40,000
Contractual Services 545.005 EECBG - Weatherization Rebate 0 90,000 90,000
600,000 537,500 1,137,500
All other Capital Improvement Fund accounts 1,530,265 0 1,530,265
Total Capital Improvement Fund 2,130,265 537,500 2,667,765
9
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Expenditures
Current Amended
Budget Increase Budget
Fund /Program /Classification Account # Account Description Amount (Decrease) Amount
Series 2009 Construction Fund
(021.70.00.00.1.000)
Contractual Services 530.006 Other Professional Services 74,980 50,000 124,980
Building Improvements 648.002 Fire Station #14 Construction 770,713 1,400,000 2,170,713
Building Improvements 649.002 PW Expansion Construction 0 400,000 400,000
Building Improvements 650.002 EOC Construction 0 150,000 150,000
Other Equipment 667.001 EOC Furnishings 134,000 5,000 139,000
979,693 2,005,000 2,984,693
All other Series 2009 Construction Fund accounts 1,203,940 0 1,203,940
Total Series 2009 Construction Fund 2,183,633 2,005,000 4,188,633
Downtown Redevelopment Construction
(022.30.01.00.1.000)
Contractual Services 564.001 Legal & Financing Costs 10,000 65,000 75,000
Other Expenditures 636.013 Northwest Electric Rebate 92,000 (7,000) 85,000
Other Expenditures 637.001 Return of Increment 2,263,000 127,000 2,390,000
(022.40.01.00.1.000)
Contractual Services 530.006 Other Professional Services 20,000 (19,000) 1,000
Other Expenditures 636.005 Relocation Expense 50,000 (50,000) 0
Other Expenditures 636.008 Facade Program 60,000 (45,000) 15,000
2,495,000 71,000 2,566,000
All other Downtown Redevelopment Fund accounts 241,500 0 241,500
Total Downtown Redevelopment Fund 2,736,500 71,000 2,807,500
Street Improvement Construction
(023.80.81.81.1.000)
Infrastructure . 678.007 Linneman Road 0 435,000 435,000
0 435,000 435,000
All other Street Improvement Construction Fund accounts 1,575,880 0 1,575,880
Total Street Improvement Construction Fund 1,575,880 435,000 2,010,880
Refuse Disposal Fund
(040.80.85.00.0.000)
Employee Benefits 510.001 Medical Insurance 13,950 (1,000) 12,950
Employee Benefits 513.002 Vacation /Personal Leave Incentive 500 2,000 2,500
(040.80.85.00.0.365)
Employee Benefits 510.001 Medical Insurance 19,023 (1,000) 18,023
33,473 0 33,473
All other Refuse Disposal Fund accounts 4,207,468 0 4,207,468
Total Refuse Disposal Fund 4,240,941 0 4,240,941
10
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Expenditures
Current Amended
Budget Increase Budget
Fund /Program /Classification Account # Account Description Amount (Decrease) Amount
Community Development Block Grant
(042.40.41.00.0.155)
Personal Services 500.001 Full -Time Earnings 0 8,000 8,000
Employee Benefits 511.001 Social Security 0 1,000 1,000
Employee Benefits 511.002 Medicare 0 1,000 1,000
Employee Benefits 512.001 IMRF Contributions 0 1,000 1,000
Other Expenditures 636.012 Single Family Rehab 0 89,000 89,000
0 100,000 100,000
All other Community Development Block Grant Fund accounts 565,447 0 565,447
Total Community Development Block Grant Fund 565,447 100,000 665,447
Asset Seizure
(044.60.61.65.0.000)
Other Equipment 665.031 Other Equipment 1,000 2,000 3,000
1,000 2,000 3,000
All other Asset Seizure Fund accounts 564,447 0 564,447
Total Asset Seizure Fund 565,447 2,000 567,447
Foreign Fire Tax Fund
(046.70.71.00.0.301)
Contractual Services 530.006 Other Professional Services 2,000 7,500 9,500
Commodities & Supplies 608.001 Other Supplies 3,000 22,500 25,500
Other Equipment 665.021 Furniture & Equipment 10,000 10,000 20,000
15,000 40,000 55,000
All other Foreign Fire Tax Fund accounts 550,447 0 550,447
Total Foreign Fire Tax Fund 565,447 40,000 605,447
11
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Expenditures
Current Amended
Budget Increase Budget
Fund /Program /Classification Account # Account Description Amount (Decrease) Amount
Water and Sewer
(050.80.84.00.0.000) W &S Administration
Employee Benefits 510.001 Medical Insurance 69,751 (6,000) 63,751
Employee Benefits 513.003 Sick Leave Incentive 3,500 5,500 9,000
Employee Benefits 513.003 Retiree Sick Leave Incentive 0 28,000 28,000
Contractual Services 530.002 Auditing Services 9,625 (2,000) 7,625
Contractual Services 530.006 Other Professional Services 26,713 3,000 29,713
Insurance 596.001 Liability Insurance 65,045 (5,000) 60,045
(050.80.84.87.0.375) W &S Maintenance of Buildings
Employee Benefits 510.001 Medical Insurance 25,364 (2,000) 23,364
(050.80.84.871.0.376) W &S Maintenance of Grounds
Personal Services 502.001 Seasonal Earnings 31,517 3,000 34,517
(050.80.84.87.0.378) W &S Lake Michigan Water Supply
Contractual Services 570.001 Water Purchase 2,975,000 (300,000) 2,675,000
Contractual Services 570.002 Power Cost 155,000 (18,000) 137,000
Contractual Services 570.003 O &M Cost 315,000 (40,000) 275,000
Contractual Services 570.004 Fixed Cost 585,000 (5,000) 580,000
(050.80.84.87.0.379) W &S Water Supply Maintenance & Repair
Employee Benefits 510.001 Medical Insurance 67,215 (5,000) 62,215
Utilities 586.001 Electricity 82,400 18,000 100,400
(050.80.84.87.0.380) W &S Water Distribution Maintenance & Repair
Employee Benefits 510.001 Medical Insurance 35,510 (3,000) 32,510
(050.80.84.87.0.381) W &S Water Meter Repair
Personal Services 502.001 Seasonal Earnings 13,094 5,000 18,094
Employee Benefits 510.001 Medical Insurance 26,632 (2,000) 24,632
(050.80.84.87.0.382) W &S Water Valve/Hydrant Maintenance
Employee Benefits 510.001 Medical Insurance 38,046 (3,000) 35,046
(050.80.84.88.0.383) W &S Sanitary Sewer Maintenance
Employee Benefits 510.001 Medical Insurance 34,241 (3,000) 31,241
4,558,653 (331,500) 4,227,153
All other Water and Sewer Fund accounts 8,991,096 0 8,991,096
Total Water and Sewer Fund 13,549,749 (331,500) 13,218,249
Parking System Revenue
(052.80.81.81.0.000)
Utilities 586.001 Electricity 3,220 3,800 7,020
3,220 3,800 7,020
All other Parking System Revenue Fund accounts 171,377 0 171,377
Total Parking System Revenue Fund 174,597 3,800 178,397
Vehicle Maintenance
(060.80.86.00.0.000)
Employee Benefits 513.002 Vacation /Personal Leave Incentive 5,000 2,000 7,000
Employee Benefits 513.003 Sick Leave Incentive 0 9,000 9,000
(060.80.86.89.0.000)
Commodities & Supplies 627.001 Gas Vehicles 340,000 54,000 394,000
345,000 65,000 410,000
All other Vehicle Maintenance Fund accounts 1,469,711 0 1,469,711
Total Vehicle Maintenance Fund 1,814,711 65,000 1,879,711
12
VILLAGE OF MOUNT PROSPECT
Budget Amendment No. 2
Fiscal Year January 1, 2010 through December 31, 2010
Expenditures
Current Amended
Budget Increase Budget
Fund /Program /Classification Account # Account Description Amount (Decrease) Amount
Vehicle Replacement
(061.80.00.00.1.000)
Motor Equipment 660.005 Fire Department Vehicles 125,000 170,000 295,000
125,000 170,000 295,000
All other Vehicle Replacement Fund accounts 685,000 0 685,000
Total Vehicle Replacement Fund 810,000 170,000 980,000
Risk Management
(063.00.00.00.4.000)
Contractual Services 530.006 Other Professional Services 2,000 15,000 17,000
Insurance 597.001 Medical Claims 3,820,038 (335,000) 3,485,038
Insurance 597.002 HMO Claims 1,743,561 (165,000) 1,578,561
Insurance 599.001 Property Claims 1,000 30,000 31,000
5,566,599 (455,000) 5,111,599
All other Risk Management Fund accounts 1,305,799 0 1,305,799
Total Risk Management Fund 6,872,398 (455,000) 6,417,398
Police Pension
(070.00.00.00.3.000)
Pension Benefits 528.001 Retirement Pensions 2,420,000 250,000 2,670,000
Pension Benefits 528.002 Disability Pensions 372,000 25,000 397,000
Pension Benefits 528.003 Surviving Spouse Pensions 270,800 5,000 275,800
Pension Benefits 528.006 Pension Portability Expense 20,000 20,000 40,000
Contractual Services 531.005 Legal Expense 15,000 7,000 22,000
3,097,800 307,000 3,404,800
All other Police Pension Fund accounts 144,500 0 144,500
Total Police Pension Fund 3,242,300 307,000 3,549,300
Fire Pension
(071.00.00.00.3.000)
Pension Benefits 528.001 Retirement Pensions 2,082,000 128,000 2,210,000
Pension Benefits 528.004 Children's Pensions 22,000 27,000 49,000
Pension Benefits 528.005 Refund of Contributions 10,000 (10,000) 0
2,114,000 145,000 2,259,000
All other Fire Pension Fund accounts 1,007,500 0 1,007,500
Total Fire Pension Fund 3,121,500 145,000 3,266,500
Total Village Budget
Funds being changed 87,620,225 3,615,833 91,236,058
All other Village Budget Accounts 1,167,981 0 1,167,981
Total Village Budget after Changes 88,788,206 3,615,833 92,404,039
13
Mount Prospect
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: MAYOR IRVANA WILKS
BOARD OF TRUSTEES
FROM: MICHAEL E. JANONIS
DATE: DECEMBER 8, 2010
RE: ORDINANCE AMENDING CHAPTER 13
A comprehensive rewrite of the Mount Prospect Liquor Code (Chapter 13) was adopted by
the Village Board in 2009. Since that time the new code has served the Village well with a
few exceptions. Staff, in consultation with the Liquor Commissioner (Mayor), are proposing
some minor changes that more fully balance the day to day operations of liquor license
establishments with the need to adequately regulate same.
Attached is a draft ordinance with annotations that covers the proposed changes. The
ordinance is presented for discussion purposes.
ijr\
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13,
ENTITLED "ALCOHOLIC LIQUOR ", AND APPENDIX A, DIVISION II,
OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Paragraph (C) of Section 13.202 entitled "Application for a Local
Liquor License" of Chapter 13 entitled "Alcoholic Liquors" of the Mount Prospect Village
Code shall be amended by deleting paragraph (C) in its entirety and inserting a new
paragraph (C) which shall be and read as follows:
C. Before a license may be issued to any applicant, each person holding a
five percent (5 %) or more equity or ownership interest in the entity to be licensed
and each manager (including the managing partner of a Limited Liability
Company) shall be fingerprinted by the Mount Prospect Police Department. An
investigation will be performed to enable the Commissioner to ascertain whether
the issuance of a license will comply with all applicable regulations of the Village.
The Commissioner may accept the fingerprints from another jurisdiction for
persons not residing or working within fifty (50) miles of the Village. Under all
circumstances, however, the local manager must be fingerprinted by the Mount
Prospect Police Department. A reasonable fee may be charged by the Police
Department for each person required to be fingerprinted. For purposes of this
paragraph (C), the Commissioner may require such documentation as he or she
deems appropriate to determine who must be fingerprinted, and the
Commissioner's decision as to fingerprinting shall be final.
SECTION 2: Paragraph B(1), entitled "Temporary", of Section 13.204, entitled
"Classifications ", of Article II, "Licensing for Regulated Service ", of Chapter 13, entitled
"Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by inserting
the following at the end of the list of temporary permits:
Ad Hoc Permit.
249887_1
SECTION 3: Paragraph D(1), entitled "Regulations Applicable To All Temporary
Permits ", of Section 13.204.1, entitled "Descriptions and Restrictions ", of Article II,
entitled "Licensing for Regulated Service ", of Chapter 13, entitled "Alcoholic Liquor ", of
the Mount Prospect Village Code shall be amended by inserting a new subparagraph c,
the remaining subparagraphs to be relettered alphabetically, to be and read as follows:
c. Temporary permits may be issued on a daily basis only. In no
event may permits be issued for more than three (3) consecutive days.
SECTION 4: Paragraph D(2) of Section 13.204.1, entitled "Descriptions and
Restrictions ", of Article II, "Licensing for Regulated Service ", of Chapter 13, entitled
"Alcoholic Liquor ", of the Mount Prospect Village Code shall be amended by adding a
new subparagraph (c), entitled "Ad Hoc Permits ", which new subparagraph (c) shall be
and read as follows:
c. Ad Hoc Temporary Permits:
Notwithstanding the fact that an applicant for a temporary permit
does not meet the precise criteria for one of the specific temporary permit
classifications set forth above, the commissioner shall have the authority
to issue an Ad Hoc Temporary Permit subject to conditions similar to
those applicable to the specific classifications, where the commissioner
determines that such permit is in the best interests of the public.
SECTION 5: Subparagraph (C)(4)(d) of Section 13.204.1 entitled "Descriptions
and Restrictions" of Chapter 13 entitled "Alcoholic Liquor" of the Mount Prospect Village
Code shall be amended by deleting subparagraph (d) in its entirety and inserting a new
subparagraph (d) which shall be and read as follows:
(d) A class S -4 licensee may conduct off premises wine tasting upon
securing a daily sampling permit and in accord with the regulations for such
permit. On premises samplings do not require a daily sampling permit, but still
must be conducted in accord with the regulations of subsection D2b(2) of this
section.
249887_1
SECTION 6: Subparagraph 2b(2) of Section 13.204.1 entitled "Descriptions and
Restrictions" of Chapter 13 entitled "Alcoholic Liquor" of the Mount Prospect Village
Code shall be amended by deleting subparagraph (2) in its entirety and inserting a new
subparagraph (2) which shall be and read as follows:
(2) Daily Sampling Permit. A permit allowing the holder of any class P to
serve wine or beer, without charge, in small and limited amounts, for sampling
purposes only and in conjunction with sales promotional efforts occurring on the
licensed premises. (See subsection C4d of this section with respect to a S -4
license.) Regulations specific to a daily sampling permit:
SECTION 7: Paragraph E of Section 13.301, entitled "Compensation, Powers
and Duties of Commissioner ", of Article III, "Local Liquor Control Commissioner ", of
Chapter 13, entitled "Alcoholic Liquor ", of the Mount Prospect Village Code shall be
amended by adding the following sentence before the last sentence of Paragraph E,
which shall be and read as follows:
In addition, the commissioner may fine any individual that the
commissioner determines has violated any provision of this chapter even if
that individual is not a licensee.
SECTION 8: Appendix A, Division II, entitled "Fees, Rates and Taxes ", of the
Mount Prospect Village Code shall be amended by inserting the following at the end of
the list of temporary permits of paragraph B(1), entitled "Temporary", of Section 13.204,
entitled "Classifications ", of Chapter 13, entitled "Alcoholic Liquor ":
Ad Hoc Permits: To be set by the commissioner, considering staff time and other
employee involvement, not to exceed $100.00 per day.
SECTION 9: Paragraph A of Section 13.403, entitled "Closing Hours ", of Article
IV, "Regulation of Licenses ", of Chapter 13, entitled "Alcoholic Liquor ", of the Mount
249887_1
Prospect Village Code shall be amended by deleting paragraph A in its entirety and
inserting a new paragraph A, which shall be and read as follows:
A. It shall be unlawful to engage in the service of any alcoholic beverages
during the following hours:
1. All Class P Licensees:
From twelve o'clock (12:00) A.M. to eight o'clock (8:00) A.M. each
day.
2. All other licensees:
Monday through Friday:
One o'clock (1:00) A.M. to eight o'clock (8:00) A.M.
Saturday: Two o'clock (2:00) A.M. to eight o'clock (8:00) A.M.
Sunday: Two o'clock (2:00) A.M. to nine o'clock (9:00) A.M.
On January 1 of each year the hours of prohibited service shall be
from four o'clock (4:00) A.M. to twelve o'clock (12:00) noon.
SECTION 10: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication in pamphlet form in the manner provided by
law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2010
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
249887_1
20 N. Wacker Drive, Ste 1660 15010 S. Ravinia Avenue, Ste 10
K T J Chicago, Illinois 60606 -2903 Orland Park, Illinois 60462 -5353
T 312 984 6400 F 312 984 6444 T 708 349 3888 F 708 349 1506
KLEIN, THORPE & JENKINS, LTD.
Attorneys at Law www.ktjlaw.com
MEMORANDUM
To: Michael Janonis, Village Manager
From: George Wagner, Assistant Village Attorney
Date: December 7, 2010
Re: Ordinance amending Section 23.109, Regarding Firearms And Dangerous
Or Facsimile Weapons.
Chief John Dahlberg expressed a concern about recent requests to use compound
bows in the Village and the dangers associated with such use. The Village Code does
not prohibit the use of a compound bow on private property, unless it propels the arrow
(missile) onto or across public property. (See Section 23.107) In addition, Section
23.109 of the Code prohibits the discharge of firearms and air guns in the Village, and
restricts the carrying of firearms and facsimile firearms, but does not address compound
bows or other dangerous weapons. As a result, I have drafted an ordinance, amending
Section 23.109, to define "dangerous weapons" to include crossbows and other
weapons, and to restrict their possession and discharge in the Village.
An ordinance must be "definite enough to serve as a guide to one who has the involved
duty imposed upon him so that he is enabled by reading the enactment to know his
rights and obligations thereunder." City of Decatur v. Kushmer, 43 III.2d 334, 336
(1969). Therefore, a general prohibition against "dangerous activities" has not been
included, because such an offense, without a specific description of those activities, is
likely to be considered too vague.
Let me know if you have any questions or concerns.
cc: Chief John Dahlberg
Deputy Chief Semkiu
Everette M. Hill, Jr., Village Attorney
•
261370_1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I OF THE VILLAGE CODE
OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING FIREARMS
AND DANGEROUS OR FACSIMILE WEAPONS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF
THEIR HOME RULE POWERS:
SECTION 1: Section 23.109, "Firearms or Facsimile Weapons, of Article I, General
Offenses, of Chapter 23, Offenses and Miscellaneous Regulations, of the Mount Prospect Village
Code shall be deleted in its entirety and the following inserted in its place:
23.109: FIREARMS AND DANGEROUS OR FACSIMILE WEAPONS:
A. Definitions.
1. Firearm. The term "firearm" shall have the meaning ascribed to it in 430 Illinois
Compiled Statutes 65/1.1, as now or hereafter amended.
2. Dangerous Weapon. A dangerous weapon shall include a bow and arrow, crossbow,
slingshot, wrist rocket, air gun, air pistol, spring gun, spring pistol, B -B gun, paint ball
gun, pellet gun, or any device that is not a firearm, but impels a breakable ball containing
washable marking colors or a pellet constructed of hard plastic, steel, lead or other hard
materials with a force that is reasonably expected to cause bodily harm.
3. Facsimile firearm. Facsimile firearm means a copy or reproduction of a firearm, which
would lead a reasonable person to believe that it was a firearm.
B. It shall be unlawful for any person under 18 years of age to have in his or her possession:
1. Any dangerous weapon, except in his or her abode or while under the direct supervision
of an adult, who is that person's parent, guardian or other individual having charge of that
person; or
2. Any firearm, except when such person is:
a. The holder of a valid and current firearm owner's identification card issued by the
State of Illinois; or
b. Under the direct supervision of an adult, who is (i) that person's parent, guardian or
other individual having charge of that person and (ii) a holder of a valid and current
firearm owner's identification card issued by the State of Illinois.
259794_2 1
C. It shall be unlawful to fire or discharge any firearm or dangerous weapon in the village;
provided that this section shall not be construed to prohibit any law enforcement officer
from discharging a firearm in the performance of duty; or any citizen from discharging a
firearm or dangerous weapon when lawfully defending his or her person or another.
D. It shall be unlawful for any person to carry any firearm in any vehicle, or on or about his /her
person, whether concealed or unconcealed, except as follows:
1. If such firearm is transported unloaded and broken down in a non - functioning state, not
immediately accessible, or unloaded and enclosed in a case, firearm carrying box,
shipping box, or other container by a person who has been issued a currently valid
firearm owner's identification card by the State of Illinois;
2. While in the person's own abode or fixed place of business;
3. While on public property, if the person is an invitee on public property for the purpose of
display of the firearm or lawful commerce of such firearm; or
4. As otherwise exempt pursuant to 720 Illinois Compiled Statutes 5/24 -2, as amended, in
regard to 720 Illinois Compiled Statutes 5/24- 1(a)(4) or 5/24- 1(a)(10).
E. It shall be unlawful for any person to carry or display any facsimile firearm with the intent to
terrify, alarm, threaten or intimidate any other person.
F. It shall be unlawful for the owner of a firearm to allow any person under the age of eighteen
(18), who is not the holder of a valid and current firearm owner's identification card issued
by the State of Illinois, to gain access to a firearm without the lawful permission and
supervision of that person's parent, guardian, or other individual having charge of the
person. This violation shall not apply if the person under age eighteen (18) years gains
access to the firearm and uses it in a lawful act of self - defense or defense of another, or
gains access to the firearm after a person unlawfully enters the premises or vehicle within
which the firearm is stored.
G. This Section does not apply to the discharge of firearms or dangerous weapons upon a rifle
range, pistol range or archery range designed for such use and approved by the Village.
SECTION 2: That all ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
SECTION 3: That the Village Clerk shall submit a copy of this Ordinance to the Illinois
Department of State Police within thirty (30) days of its adoption, pursuant to 430 ILCS 65/13.3.
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law.
259794_2 2
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2010.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
259794_2 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING A SECOND AMENDMENT AND
EXTENSION OF THE CONTRACT FOR SALE OF WATER BY THE VILLAGE
OF MOUNT PROSPECT TO THE CITY OF PROSPECT HEIGHTS
WHEREAS, pursuant to Resolution No. R- 94 -48, the Village of Mount Prospect
(hereinafter the "Village" or "Mount Prospect ") entered into a Contract for Sale of Water
by the Village of Mount Prospect to the City of Prospect Heights, dated August 15, 1994,
through which the Village agreed to sell water to the City of Prospect Heights
(hereinafter the "City" or "Prospect Heights ") for the City's governmental properties
along Camp McDonald Road, (hereinafter the "Contract ", attached hereto and
incorporated herein as Exhibit A "); and
WHEREAS, the Contract was amended on July 7, 1997, pursuant to Resolution No. 33-
97, to permit the continued sale of water to a City facility, whose ownership had changed,
according to the terms of that amendment, which is attached hereto and incorporated
herein as Exhibit B; and
WHEREAS, paragraph 20 of the Contract provides an initial term of ten (10) years from
the Contract's effective date, subject to the City's option to extend the Contract for an
additional ten (10) year period, and such other extensions and terms as the parties may
agree upon; and
WHEREAS, the Contract, as amended, expired on August 15, 2004, though the parties
have continued to perform under its terms; and
WHEREAS, the City requests that the Contract, as amended, be extended for the
optional ten (10) year period, as well as an additional ten (10) year period, and the
Village agrees to such extensions; and
WHEREAS, the City and the Village further agree that paragraph 20, Term of Contract,
of the Contract be amended to permit subsequent ten (10) year extension periods upon
their mutual approval and agreed upon terms and conditions; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect find that
it is in the best interests of the residents of the Village to extend the term of the Contract,
as amended, until August 15, 2024, and to amend the Contract to provide for subsequent
ten (10) year extensions.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY,
ILLINOIS, PURSUANT TO ITS HOME RULE POWERS:
SECTION 1: The recitals set forth above are incorporated herein as if fully set
forth.
261111_2
SECTION 2: That the Contract, as amended, shall be extended from August 16,
2004, to August 15, 2024, upon the terms and conditions set forth therein.
SECTION 3: That Paragraph 20 of the Contract be amended to be and read in its
entirety as follows:
•
20. Term of Contract. This Contract shall continue in full force and effect
for a period of ten (10) years from the date hereof. Prospect Heights shall
have the option to extend this Contract for an additional ten (10) year
period. The Contract may be renewed thereafter for successive ten (10)
year periods pursuant to the mutual written agreement of Prospect Heights
and Mount Prospect, upon such terms and conditions and rate adjustments,
if any, to which they may agree.
SECTION 4:
That the President and Village Clerk are hereby authorized and directed to
execute the Second Amendment and Extension of Contract for Sale of Water by the
Village of Mount Prospect to the City of Prospect Heights, substantially in the form set
forth and incorporated herein as Exhibit C.
SECTION 5: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 20_.
Irvana K. Wilks
ATTEST: Mayor
M. Lisa Angell
Village Clerk
261111_2
EXHIBIT A
CONTRACT FOR SALE OF WATER
BYTHE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
261111_2
EXHIBIT
CONTRACT FOR SALE OF WATER BY
THE VILLAGE OF MOUNT PROSPECT TO THE
CITY OF PROSPECT HEIGHTS
This Contract made and entered into this 1 of August
1994 by and between the Village of Mount Prospect (hereinafter called "Mount
Prospect "), an Illinois municipal corporation and the City of Prospect Heights
(hereinafter called "Prospect Heights "), an Illinois municipal corporation.
WITNESSETH:
WHEREAS, in order to properly safeguard and promote the health, welfare
and well -being of its governmental properties, Prospect Heights desires to
purchase water from Mount Prospect for distribution to its governmental
properties along Camp .McDonald , Road; and
WHEREAS, Mount Prospect is willing to furnish water to Prospect Heights,
and expects to have available water for the initial ten (10) year period of this
Contract as well as the ten (10) year option period as set forth in Section 20
hereof.
WHEREAS, Mount Prospect and Prospect Heights desire to enter into an
agreement for the sale of water.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, Mount Prospect agrees to furnish and sell, and
Prospect Heights agrees to receive, and pay for, water upon the terms and
conditions, and for the consideration as hereinafter set forth:
1. Quantity of Water. During the term of this Contract, Mount Prospect shall
provide and make available to Prospect Heights, for its use at a delivery point as
hereinafter specified, water in the volume required by Prospect Heights or which
the Prospect Heights water system may be capable of taking at a minimum
operating pressure (25 PSI) of the Mount Prospect water system at point of
delivery.
In the event that it becomes necessary for Mount Prospect to limit its
delivery of water to its customers, Prospect Heights shall be entitled to receive
during such a period of scarcity its pro rata share of water available as determined
by the proportion which the volume of water used by Prospect Heights during the
last preceding twelve (12) month period bears to the volume of water used by the
other customers of Mount Prospect for the same period.
In the event that it becomes necessary for Mount Prospect to limit the use
of water by its water customers, by imposing lawn and sprinkling restrictions, or
otherwise, Prospect Heights shall, upon notification by Mount Prospect, impose
the same water use restrictions and limitations on water customers connected to
its system served by Mount Prospect water, and shall make every reasonable effort
to publicize and shall enforce such limitations and restrictions until notified by
Mount Prospect that said limitations and restrictions may be removed.
Restrictions may be imposed by water pressure zones at the discretion of Mount
Prospect.
2
2. Quality of Water. Water to be delivered at the point of delivery by Mount
Prospect and received by Prospect Heights hereunder shall be of the same quality
as that provided to customers within the corporate limits of Mount Prospect from
the Mount Prospect system. Water quality after the point of delivery is the
responsibility of Prospect Heights. So long as Mount Prospect meets its
responsibility pursuant to this paragraph, Plaintiff shall make no claims
whatsoever against Mount Prospect for costs or damages caused by any failure
to meet EPA or other regulatory agency water quality or composition standards.
3. Point of Delivery. The point of delivery of water from the water supply
of Mount Prospect to Prospect Heights shall be at or near the intersection of Camp
McDonald Road and Route 83. The connection point shall be on the south side
of Camp McDonald west of the intersection of Route 83 to an existing 8" water
main owned and maintained by mount Prospect. Any future point of delivery or
service connection to the water supply system of Mount Prospect, whether the
connection is in Mount Prospect or Prospect Heights, shall be subject to the
following conditions, to -with:
a. The connection, the location of any such connection and the
method of effecting such connection to the Prospect Heights system shall be
subject to the approval of Mount Prospect and the work of effecting any such
connection shall not be started until any such approval has been granted in
writing, in a timely fashion, by the Corporate Authorities of Mount Prospect.
3
b. Each connection, if permitted, shall be provided with a water
measuring device meeting Mount Prospect's specification and capable of remote
reading along with a water metering pit.
c. Each connection shall be provided with a back water check valve
to be mounted close to the water measuring device, as approved by Mount
Prospect, in such a manner as to prevent the flow of water from Prospect Heights
to Mount Prospect. In addition, a valve on each side of the meter shall be
provided.
d. Each water metering device and water metering pit shall be
situated at the site near the point of delivery or the connection to the water supply
of Mount Prospect.
4. Installation Route. The installation route, the size of the piping and the
necessity and location of other structures, shall be as described in Exhibit "1" as
attached hereto.
5. Cost of Improvements. Prospect Heights shall be responsible for one
hundred percent (100 %) of any costs associated with the construction and
installation of any piping or structure required to fulfill this Contract, including, but
not limited to, all engineering and legal fees.
6. Drawings and Permits. The working engineering drawings for the entire
system shall be submitted to Mount Prospect for review, modification and
approval. Prospect Heights shall be responsible for obtaining such other the
4
governmental approvals or permits as are necessary, including but not limited to,
Illinois EPA.
7. Ownership of Improvements. Any improvements constructed by Prospect
Heights for the water system located within the corporate limits of Mount Prospect
shall be conveyed along with necessary easements by Prospect Heights to Mount
Prospect. The cost and preparation for acquisition of easements shall be the
responsibility of Prospect Heights, but Mount Prospect shall provide such support
as may be necessary to legally accomplish such acquisition.
8. Notification and Cost of Repair. Prospect Heights shall notify Mount
Prospect immediately upon discovery of any break, defect, or other malfunction
in such improvements and shall follow -up notification in writing within twenty -four
(24) hours. In the event Mount Prospect shall detect such break, defect or other
malfunction.in such improvements and shall follow -up notification in writing within
twenty -four (24) hours. In the event Mount Prospect shall detect such break,
defect, or malfunction, it shall notify Prospect Heights immediately upon discovery
and shall follow up in writing within twenty -four (24) hours. Prospect Heights shall
use its best efforts to repair such breaks, defects or malfunctions within twelve
(12) hours after initial notification of such break, defect or malfunction and in any
event shall make necessary repairs as promptly as is practical. The cost of any
repair, including labor and materials to any improvements required on account of
this Contract shall be borne by Prospect Heights, whether occurring in Mount
5
}
Prospect or Prospect Heights, or whether performed by Mount Prospect or
Prospect Heights.
9. Other Connections. No connection or extension to serve any property
other than those for governmental use shall be permitted without the joint consent
of Mount Prospect and Prospect Heights.
10. Measuring Equipment. Prospect Heights agrees to furnish, install and
replace as may be necessary, at its own expense, at each point of delivery
hereunder to Prospect Heights the necessary meter pits, valves and meters. All
such equipment shall be of a standard type approved by Mount Prospect and
capable of reading rate and quantity; with the capacity of accepting telemetering
equipment to permit remote reading, for measuring the quantity of water delivered
under this Contract. Meters will be tested and calibrated annually.
Prospect Heights shall be notified, in writing, of such calibration so
that it may be done in the presence of a representative of Prospect Heights and
so that the parties may jointly observe any adjustments which are made to the
meter or meters in case any adjustments shall be necessary. Maintenance and
testing shall be performed by a contractor or representative from Mount Prospect
and shall be paid for by Prospect Heights.
11. Meter Reading Recordation. For the purpose of this Contract, the
original record or readings of the meter or meters shall be in the meter journal or
other record book of the Village of Mount Prospect. Upon request by Prospect
Heights, Mount Prospect shall furnish Prospect Heights with a copy of such
6
records or permit Prospect Heights to have access thereof during reasonable
business hours.
12. Testing of Lines and Structures. Flushing. Testing of the water mains
and associated equipment and structures shall be done by Mount Prospect at least
once every two years at the sole expense of Prospect Heights. Additionally,
periodic flushing of hydrants may be necessary. All hydrant water use shall go
through a meter at a connection point and shall be paid for by Prospect Heights.
13. Unit of Measurement. The unit of measurement for determining
compensation for water delivered hereunder shall be in thousands of gallons and
all measuring devices shall be so calibrated.
14. Price and Terms. Prospect Heights shall pay Mount Prospect 1.25 times
the Mount Prospect residential water rate for each thousand gallons of water
delivered through the meter(s) at each point of delivery to Prospect Heights. In
addition, Prospect Heights shall pay a capital expenditure surcharge for each
thousand gallons of water delivered through the meter(s) at each point of delivery
to Prospect Heights equal to 1.25 times an amount calculated in the following
formula:
" Capital expenditure surcharge (Surcharge) for each 1,000 gallons equals Special
Service Area No. 5 property taxes (SSA No. 5 Taxes) levied for the previous year
divided by the total 1,000 gallon units of water billed (1,000 gallons billed) to all
Mount Prospect water customers for the previous May 1 through April 30.
The Surcharge for 1993 SSA No. 5 Tax Levy
May 1, 1994 - April 30, 1995 1,000 Gallons billed May 1, 1993 - April 30, 1994 "
The Surcharge shall be calculated May 1 of each year The Surcharge so.
calculated shaft be in effect from May 1 through April 30 of the next year.
7
•
i I 1
15. Billing. Mount Prospect shall bill Prospect Heights for all water furnished
under this agreement bimonthly and payments shall be due and payable by
Prospect Heights to Mount Prospect within thirty (30) days from the date of billing.
16. Commencement Liability for Payments. Liability for making payments as
above set forth shall commence on the date of the first tender of delivery and
acceptance of water by Prospect Heights after completion of the installation and
testing of the aforesaid water main.
17. Continuity of Service - Conditions. From the time that water is tendered
for delivery to Prospect Heights at the designated point of delivery, Mount
Prospect shall, subject to the terms and conditions of this Contract, continually
hold itself ready, willing and able to supply water to Prospect Heights to the extent
required by this Contract.
18. No Strict Liability. Mount Prospect shall not be liable for damages for
breach of contract or otherwise for failure, suspension, diminution or other
variation of service occasioned by any cause beyond the control and without the
fault or negligence of Mount Prospect or its operating personnel. such causes
include, but are not restricted to, acts of God or of the public enemy, acts of the
State or Federal government in either its sovereign or contractual capacity; fires,
flood, freezing, epidemics, quarantine restrictions, strikes, or failure or breakdown
of transmission or other facilities.
8
19. No Resale. Prospect Heights agrees not to resell or otherwise provide
any water provided pursuant to the Contract to any other user, without prior
written approval of Mount Prospect. If requested by Mount Prospect, the City of
Pros p ect Heights will, at its own time and expense, apply to the appropriate State
,
agency for permission to convey to Mount Prospect a portion of Prospect Height's
Lake Michigan water allocation that is equal to the use, pursuant to this Contract.
20. Term of Contract This Contract shall continue in full force and effect for
a period of ten (10) years from the date hereof. Prospect Heights shall have the
option to extend this Contract for an additional ten (10) year period. The Contract
may be renewed for any additional term permitted by law upon such terms and
conditions and rate adjustments, if any, which may be then agreed by and between
Prospect Heights and Mount Prospect.
21. Modification. This Contract may be amended only in writing and with the
consent of the governing bodies of both Mount Prospect and Prospect Heights.
2 2. Hold Harmless. Prospect Heights and Mount Prospect mutually agree to
hold and save each other harmless from any and all claims, damages, suits,
causes of action and the like based on the fault or negligence of the other which
may arise by virtue of this Agreement.
23 . Notices. All notices of communications as provided for herein shall be
in writing and shall be either delivered to Mount Prospect or Prospect Heights, or
to the office of the clerk of the respective municipality; or, if mailed, shall be sent
9
by registered mail, postage prepaid, to the office of the respective p tive clerk of each
respective municipality.
24. Severabil In the event that any part, term or provision or
of this Contract shall be found to be illegal or in conflict paragraph
ct with any law by any court
of proper jurisdiction, the validity of the remaining portions of provisions of this
Contract shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto acting under the authority granted
by their respective governing bodies have caused this Contract to
be duly
executed in several counterparts, each of which shall constitute an original all as
of the date and year first above written.
10
EXHIBIT B
AMDENDMENT TO AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE CITY OF PROSPECT HEIGHTS
261111_2
EXHIBIT "B"
AMENDMENT TO AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE CITY OF PROSPECT HEIGHTS
•
It has been determined by the corporate authorities of the Village of Mount
• Prospect and the City of Prospect Heights that. the best interests of both communities
would be served by amending the "Contract.for Sate of Water by the Village of Mount
Prospect to the City of Prospect Heights ", dated August 15,1994.
The "Contract for Sale of Water by the Village of Mount Prospect to the City of
Prospect Heights ", dated August 15,1994 is hereby amended as follows:
1. Section 9 is hereby amended in its entirety; so that hereafter Section 9 shall be
and read as follows:
" Section 9 Other Connections Mount Prospect and Prospect Heights
consent to one commerctal service connection at the northeast corner of Camp . .
McDonald Road and IL 83 for a 15,120 sq. ft. commercial building. Plans for
connection and internal plumbing plans will be submitted for review and approval
to Mount Prospect.
a. The connection shall be equipped with a water measuring device meeting
Mount Prospect's specifications.
b. The connection shall be equipped with a water check valve to be mounted •
close to the water measuring device as approved by Mount Prospect, in a
such a manner as to prevent the flow of water from the commercial
• building back into the water system. In addition, a valve on each side of
the meter shalt be provided.
c. Prospect Heights will be responsible for annual testing of the back water
check vaive.by a certified cross - connection control device inspector. A
copy of the inspection report shalt be submitted to Mount Prospect
annually.
d. No other connection or extension to service other properties shall be
permitted without the joint consent of Mount Prospect and Prospect
Heights:
• 2. Section 10 is hereby amended by replacing the first paragraph in its entirety; so
that hereafter the first paragraph of Section 10 shall be and read as follows:
•
" Section 10. Measuring Equipment. Prospect Heights agrees to furnish, install
and replace, as may be necessary, at its own expense, at each point of delivery
and/ or _service..conne_c_tionhereunder to.Prospect Heights the necessary meter
pits, valves andrneters. All su i equiprrient "shall be of a standard type
approved by Mount Prospect and capable of reading rate and quantity; with the
capacity of accepting telemetering equipment to permit remote reading, for
measuring the quantity of water delivered and/or consumed under this Contract.
• Meters will be tested and calibrated annually. "
3. Section 14 is hereby amended by adding thereto the following; so that hereafter
Section 14 shall include the following:
F,or water used by the commercial service connection as described in Section 9
of this Agre6rnent; the minimum arnount charged bylhe City of Prospect Heights
shall be the rate established by the Village of Mount Prospect for non - resident
users plus the capital expenditure surcharge as outlined in this Section. "
4. Section 19 is hereby amended in its entirety; so that hereafter Section 19 shall
be and read as follows:
" Section 19. No Resale. Other than the service connection described in
Section 9, Prospect Heights agrees not to resell or otherwise provide any water
provided pursuant to this Contract to any other user, without prior written
approval of Mount Prospect., If requested by Mount Prospect, the City of
Prospect Heights will, at its own time and expense, apply to the appropriate -
State agency for permission to convey to Mount Prospect a portion of Prospect
Height's Lake Michigan water allocation that is equal to the use, pursuant to this
Contract. '
The Village of Mount Prospect and the City of Prospect Heights, acting under
• the authority granted by their respective governing bodies, have caused this
Amendment to be added to the Agreement attached hereto as Exhibit 'A' and is duly
executed- in the same manner as the original Agreement this 70• day of
1997.
•
EXHIBIT C
SECOND AMENDMENT AND EXTENSION OF CONTRACT
FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
This Second Amendment and Extension of Contract for Sale of Water by the Village of
Mount Prospect to the City of Prospect Heights (the "Agreement ") is made and entered
into this day of , 201, by and between the Village of Mount Prospect, an
Illinois home rule municipal corporation, and the City of Prospect Heights, an Illinois
municipal corporation.
WHEREAS, on August 15, 1994, the Village of Mount Prospect and the City of
Prospect Heights entered into a Contract for Sale of Water by the Village of Mount
Prospect to the City of Prospect Heights (the "Contract "), regarding the sale of water for
the City's governmental properties along Camp McDonald Road, and on July 7, 1997, the
Contract was amended regarding the sale of water to a certain non - governmental
property; and
WHEREAS, paragraph 20 of the Contract provides an initial term of ten (10)
years from the effective date, subject to the City of Prospect Heights' option to extend the
Contract for an additional ten (10) year period, and such other extension periods and
terms as the parties may agree upon; and
WHEREAS, the authorized term under paragraph 20 of the Contract expired on
August 15, 2004, though the parties continue to perform under its terms; and
WHEREAS, the City of Prospect Heights has requested an extension of the
Contract for that additional ten (10) year period, as well as an additional ten (10) year
period, and the Village of Mount Prospect agrees to such extension; and
WHEREAS, the Village of Mount Prospect and the City of Prospect Heights
further agree that paragraph 20 of the Contract be amended to permit subsequent ten (10)
year extension periods upon their mutual approval and agreed upon terms and conditions.
NOW THERFORE, in consideration of the mutual covenants contained herein,
and for valuable consideration received, the receipt and sufficiency of which is hereby
acknowledged, the Village of Mount Prospect and the City of Prospect Heights agree as
follows:
SECTION 1: That the recitals set forth above are incorporated herein as findings
of the Parties as if set fully forth.
261111_2
SECTION 2: That the Village of Mount Prospect and City of Prospect Heights
hereby agree to an extension of the Contract, as amended, from August 16, 2004, to
August 15, 2024, the terms of said Contract being continued as set forth therein.
SECTION 3: That Paragraph 20 of the Contract be amended to be and read as
follows in its entirety:
20. Term of Contract. This Contract shall continue in full force and effect
for a period of ten (10) years from the date hereof. Prospect Heights shall
have the option to extend this Contract for an additional ten (10) year
period. The Contract may be extended thereafter for successive ten (10)
year periods pursuant to the mutual written agreement of Prospect Heights
and Mount Prospect, upon such terms and conditions and rate adjustments,
if any, to which they may agree.
IN WITNESS WHEREOF, the Village of Mount Prospect and the City of
Prospect Heights, acting under the authority granted by their respective governing bodies,
have caused this Agreement to be duly executed in several counterparts, each of which
shall constitute an original, all as of the date and year first written above.
Village of Mount Prospect City of Prospect Heights
An Illinois home rule municipal corporation An Illinois municipal corporation
By: By:
Mayor Mayor
Attest: Attest:
M. Lisa Angell, Village Clerk , City Clerk
261111_2
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN THE FOREST RIVER FIRE PROTECTION DISTRICT
AND THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the Village of Mount Prospect and the Forest River Fire Protection District are
desirous of entering into an Intergovernmental Agreement; and
WHEREAS, the Intergovernmental Agreement being the subject of this Resolution
provides for the Village of Mount Prospect to provide for the fire protection, fire prevention
and emergency medical services for that area known as the Forest River Fire Protection
District.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby
authorize the President to sign and the Clerk to attest his signature on the
Intergovernmental Agreement between the Forest River Fire Protection District and the
Village of Mount Prospect for the year 2011, a copy of which is attached hereto and hereby
made a part hereof as Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of December, 2010.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \RESOLUTION \ForestRvrAgrmt, 2011.doc
FOREST RIVER FIRE PROTECTION DISTRICT
A MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO
AND
THE VILLAGE OF MOUNT PROSPECT
A MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO
AGREEMENT
WHEREAS, THE Village of Mount Prospect, hereinafter, referred to as "The
Village ", a municipal corporation organized under the laws of the State of Illinois and the
Forest River Fire Protection District, hereinafter referred to as the "District ", a municipal
corporation organized under the laws of the State of Illinois, and
WHEREAS, both the Village and the District are municipal corporations
organized under the laws of the State of Illinois and as such have the power under State
Law to enter into agreements for providing fire protection and emergency services, and
WHEREAS, THE Village has agreed to provide such services to. the District in
accordance with the terms hereinafter set forth.
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE VILLAGE
AND THE DISTRICT AS FOLLOWS:
1. That for the period beginning January 1, 2011 to December 31, 2011, at 12:00
midnight said day, the Village shall furnish all fire fighting, fire protection, fire
prevention and other emergency services, including emergency ambulance service, by
such volunteer or paid on call and/or regular firemen available to the Village as the Fire
Chief of the Village shall determine, to the District for a certain area as shown and
outlined in red on Exhibit 1 attached hereto and made a part hereof.
2. That for the period of time during which this Agreement shall be in full force and
effect, the District agrees to pay and the Village agrees to accept as full payment for said
fire protection, fire prevention services and emergency services, that amount of monies
received from tax receipts, replacement taxes, interest and other miscellaneous income
collected during the period beginning January 1, 2011 and ending December 31, 2011,
less all reasonable costs of running the said District, including, but not limited to, all
administrative legal salaries and other expenses incurred.
(2)
A. It is understood that the District shall levy taxes at the maximum rate authorized
by statute without referendum, which shall not be less than .30% of the value of
all taxable property within the District, and shall apply for and make all efforts to
receive any available state and/or federal aid to fire protection districts as is now
available or may be available during the term hereof.
B. The District will retain the sum of $2,500.00 to handle any contingency or
emergency matters that may develop during the year. All other monies shall be
paid to the Village as follows: On January 15, April 15, July 15 and October 15,
2010 all monies over and above the aforementioned $2,500.00 contingency fund
shall be paid to the village.
C. In addition, the District shall provide the Village with the follows:
(I) A copy of the schedule of meetings of the District for the year
2010, be furnished upon execution of this Agreement.
( ii) A certified copy of the Tax Levy Ordinance adopted by the District
for the fiscal year 2010 thru 2011, to be furnished upon execution
of this Agreement.
( iii) A copy of the District's audited financial statement for the period
ending June 30, 2011, to be furnished within thirty (30) days after
receipt by the District.
( iv) A copy of the Minutes of each District meeting, to be furnished
within (30) days after each meeting, when requested by the
Village.
(v) The District shall provide the Village with copies of its quarterly
receipts and disbursements, for informational purposes only, it
being fully understood right of pre - approval regarding said
disbursements.
(3)
3. That the Fire Chief of the Village shall have the sole and exclusive right,
duty and responsibility to prescribe the manner and method of giving the alarm for fire
and/or other emergencies occurring within the District's territory as outlined upon said
Exhibit I.
4. That the Fire Chief of the Village or his authorized representative shall
have the sole and exclusive authority and responsibility to direct and control any and all
fire fighting, fire protection, fire prevention and other emergency operations carried on at
the scene of any alarm or emergency occurring within that territory of the District shown
upon the said Exhibit I.
5. That all fire fighting, fire protection, fire prevention and other emergency
procedures conducted under the provisions hereof shall be conducted in accordance with
the regulations of the Mount Prospect Fire Department and the ordinances of the Village.
Furthermore, the District agrees that within thirty (30) days of the execution hereof, if
permitted by state statute, it shall pass and approve ordinances identical in form and
content to the ordinances of the Village which deal with fire fighting, fire protection, fire
prevention, building construction as related to fire safety and other emergency
procedures. Certified copies of said Ordinance(s) shall be submitted to the Village within
ten (10) days of their adoption by the District.
6. That all expenses and cost of maintaining equipment, apparatus, salaries,
insurance premiums and any and all other items of expenses connected with the several
services contemplated herein to be supplied by the Village to the District shall be borne
by the Village. The only expense falling upon the District shall be in the form of the
payments scheduled to be made hereinabove under Paragraph 2b.
7. That, within seven (7) days of receipt of notice of annexation by an
municipality of land and territory within its district (as shown in orange upon the said
Exhibit I hereto), the District shall forward a copy of said notice (with the legal
description contained therein) to the village by addressing same to the attention of:
Village Clerk
100 South Emerson Street
Mount Prospect, Illinois 60056
(4)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective offices and have affixed hereunto their respective corporate
seals, all having been authorized by the adoption of a suitable Resolution passed and
approved by each of the respective parties hereto.
Village of Mount Prospect
FOREST RIVER FIRE PROTECTION DISTRICT
207 LEE STREET
MOUNT PROSPECT, ILLINOIS 60056
RESOLUTION NUMBER 2010 — 03
Pagel of 2
December 7, 2010
Resolution Authorizing Execution of an Agreement
With the Village of Mount Prospect
WHEREAS, the Forest River Fire Protection District has requested the Village
of Mount Prospect to provide services of the Fire Department of the Village to said
District during the year 2011; and
WHEREAS, the President and the Board of Trustees of the Forest River Fire
Protection District have determined that it would be in the best interests of the District
and the Village to enter into an Agreement with the terms and conditions set forth in
Exhibit " A " attached hereto providing that the Mount Prospect Fire Department service
said District.
NOW, THEREFORE, be it resolved by the President and the Board of Trustees of
the Forest River Fire Protection District, Cook County, Illinois:
1. The President of the Forest River Fire Protection District is hereby
authorized to execute, and the Secretary to attest, the Agreement
between the Village of Mount Prospect and the Forest River Fire
Protection District, a copy of which is attached hereto as Exhibit "
A."
2. That this resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
FOREST RIVER FIRE PROTECTION DISTRICT
207 LEE STREET
MOUNT PROSPECT, ILLINOIS 60056
RESOLUTION NUMBER 2010 — 03
Page2 of 2
AYES: 3
NAYS;
ABSENT: 0
Passed and approved this 7th day of Decembe 010
FOREST RIVER FIRE PROTECTION DISTRICT
207 LEE STREET
MOUNT PROSPECT, ILLINOIS 60056
Exhibit 1
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FOREST RIVER FIRE PROTECTION DISTRICT
207 LEE STREET
MOUNT PROSPECT, ILLINOIS 60056
December 7, 2010
MEETING SCHEDULE
Notice is hereby given by the Board of Trustees of the
Forest River Fire Protection District, Cook County,
Illinois, of the regular open meetings covering calendar
year 2011. They are to be held at the Forest River
Community Hall, 207 Lee Street, Mount Prospect, Illinois at
7:00 P.M.
The meetings will be held on:
January 4 July 5th
February 1st August 2nd
March 1st September 6th
April 12 October 4th
May 3 November 1st
June 7 December 6th
Thank You,
Mount Prospect
'VIP Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS t
FROM: PROJECT ENGINEER 43
DATE: DECEMBER 13, 2010
4 4%, '
SUBJECT: MFT STREET IMPROVEMENT RESOLUTION - 2011 r
r
Attached is the IDOT form,
Resolution for Improvement by Municipality Under the Illinois Highway Code
in the amount of $550,000.00 for the 2011 Resurfacing Program. The bid opening is
scheduled for February, 2011.
This resolution is required by the Illinois Department of Transportation before the
Village can expend Motor Fuel Tax funds. The $550,000.00 is the amount requested in
the proposed 2011 Budget
I recommend that the Village Board adopt this resolution at the Village Board Meeting
on December 21, 2010.
,, :
C: Village Clerk M. Lisa Angell
Illinois Department Resolution for Improvement by
Municipality Under the Illinois
of Transportation Highway Code
BE IT RESOLVED, by the Mayor and Board of Trustees of the
Council or President and Board of Trustees
Village of Mount Prospect Illinois
City, Town or Village
that the following described street(s) be improved under the Illinois Highway Code:
Name of Thoroughfare 1 Route 1 From 1 To
2011 Resurfacing various locations
BE IT FURTHER RESOLVED,
1. That the proposed improvement shall consist of Removal of HMA surfaces, 1.5" HMA level binder course,
1.5" HMA surface course, curb and gutter replacement, HMA and PCC driveway repairs,
PCC sidewalk replacement, drainage structure repairs, parkway restoration and other appurtenant work.
and shall be constructed (varies) wide
and be designated as Section 11- 00156 -00 -RS
2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of
Five Hundred Fifty Thousand Dollars ( $550,000.00 ) for the
improvement of said section from the municipality's allotment of Motor Fuel Tax funds.
3. That work shall be done by Contract ; and,
Specify Contract or Day Labor
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the
district office of the Department of Transportation.
Approved I, M. Lisa Angell Clerk in and for the
Village of Mount Prospect
City, Town or Village
County of Cook , hereby certify the
Date
foregoing to be a true, perfect and complete copy of a resolution adopted
by the Mayor and Board of Trustees
Council or President and Board of Trustees
Department of Transportation at a meeting on December 21, 2010
Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
day of
Regional Engineer
(SEAL)
City, Town, or Village Clerk
Printed 12/6/2010 BLR 09111 (Rev. 11/06)
Mount Prospect
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
glEgia Or')
FROM: ASSISTANT ENGINEER
DATE: DECEMBER 14, 2010
SUBJECT: MFT MAINTENANCE RESOLUTION - 2011
Attached is the following:
Resolution for Maintenance of Streets and Highways by Municipality Under the Illi , • is
Highway Code (BLR 14230) in the amount of $449,432.00. Included in this resolution are
the following:
Account No. Item Budget
041.80.81.81.0.354.624.009 Salt & Calcium Chloride $200,000.00
041.80.83.86.0.357.588.00 Electric $150,000.00
041.80.81.81.0.354.575.002 Crack Filling $52,448.00
041.80.81.81.0.354.575.004 Pavement Markings $46,984.00
$449,432.00
This Resolution is required by the Illinois Department of Transportation before the Village can
expend Motor Fuel Tax funds.
I recommend that the Village Board adopt this resolution at the Village Board Meeting on
December 21, 2010.
C: Village Clerk M. Lisa Angell
P1
Illinois Department Resolution for Maintenance of
of Transportation Streets and Highways by Municipality
Under the Illinois Highway Code
BE IT RESOLVED, by the Mayor and Board of Trustees of the
(Council or President and Board of Trustees)
Village of Mount Prospect , Illinois, that there is hereby
(City, Town or Village) (Name)
appropriated the sum of $449,432.00 of Motor Fuel Tax funds for the purpose of maintaining
streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2011
(Date)
to December 31, 2011
(Date)
BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved
Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this
resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above.
BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above,
submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing
expenditures from and balances remaining in the account(s) for this period; and
BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this
resolution to the district office of the Department of Transportation, at Schaumburg , Illinois.
1, M. Lisa Angell Clerk in and for the Village
(City, Town or Village)
of Mount Prospect , County of Cook
hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by
the Mayor and Board of Trustees at a meeting on December 21, 2010
(Council or President and Board of Trustees) Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of
(SEAL) Village Clerk
(City, Town or Village)
Approved
Date
Department of Transportation
Regional Engineer
Printed 12/14/2010 BLR 14230 (Rev. 11/06)
Mount Prospect
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL JANONIS
FROM: PROJECT ENGINEER
DATE: DECEMBER 16, 2010
SUBJECT: IDOT INTERGOVERNMENTAL AGREEMENT FOR -
TRAFFIC SIGNAL MAINTENANCE
The most recent Intergovernmental Agreement for Governmental Body Maintenance of Traffic
Control Devices (Agreement) has expired and the Illinois Department of Transportation (IDOT) has
asked the Village to enter into a new one. The purpose of the Agreement is to outline the requirements of
both IDOT and the Village for the maintenance of traffic signal systems in our community. The
Agreement typically lasts for a ten year period and the terms of the new Agreement will be from January
1, 2011 to December 31, 2020.
There are 58 intersections within the Village that are controlled with traffic signals. IDOT currently
maintains 41, the Village eight, Cook County eight, and Randhurst Mall one. This Agreement affects the
41 intersections maintained by IDOT and the eight maintained by the Village. It represents a continuation
of previous Agreements between IDOT and the Village.
The new Agreement prepared by IDOT has many of the same provisions as the previous one but includes
additional sections. Specific maintenance requirements, the percentage of maintenance responsibility at
each traffic signal system and compensation requirements are the primary sections of the Agreement. Of
the 41 intersections maintained by IDOT, 11 involve an IDOT road intersecting a Village road. We,
therefore, receive a bill from IDOT each quarter requesting reimbursement for our share. Likewise, of the
eight intersections maintained by the Village, seven involve a Village road intersecting an IDOT road.
Each quarter the Village sends a bill to IDOT requesting reimbursement for their share.
Both the Village Attorney and Engineering Staff have reviewed the Agreement with IDOT's counsel and
have come to an understanding on all parts of the Agreement except for one. The Agreement stipulates
that the Village must hold harmless and indemnify IDOT for all claims arising from the willful or
negligent actions or inactions of the Village, its employees and agents, in connection with its performance
under the Agreement and for all third party claims arising solely from the Village's maintenance of the
signals at the intersections we maintain, without exception for IDOT' s acts or inactions. IDOT has
refused to limit those provisions beyond certain clarification or to reciprocate by indemnifying/holding
harmless the Village from claims arising from IDOT's actions or inactions. IDOT's explanation is that
the Illinois Constitution prohibits the State from indemnifying another entity and this indemnification is
the same for all communities who have intergovernmental agreements with IDOT. The issue of
indemnification was present before this new Agreement and there has not been a history of litigation
against the Village for maintenance of traffic signals.
1 \ page 1 of 2
IDOT Intergovernmental Agreement
December 16, 2010
The Village has two options. One is to turn over maintenance of our eight signalized intersections to
IDOT. Rather than having a contractor hired by the Village maintain the signals, a contractor hired by
IDOT would maintain the signals. The Village would then reimburse IDOT for our portion though the
Village would still be required to hold harmless and indemnify IDOT in order to obtain the cost sharing
benefits.
Based on the current costs paid by the Village and IDOT as part of separate traffic signal maintenance
contracts, we would expect to pay an additional $13,000 annually if we would turn over maintenance of
our eight signalized intersections to IDOT. In addition, we would expect delays in accomplishing work at
these intersections because of required permitting and coordination with IDOT.
The other option is to enter into the Agreement as currently written. The Village Attorney believes the
Village has limited exposure if we do. First, there is no liability for intersections we do not maintain
since we have neither the responsibility nor authority. Second, Village personnel will not maintain the
signals that are our responsibility. Rather, the Village's annual maintenance contract specifies the
requirements of the contractor and its insurance will cover the actions or inactions of its personnel. Third,
IDOT regulates the signal timing at all intersections, including the ones we maintain under this
Agreement, which further minimizes our exposure in the event of a dispute over signal timing. Finally, as
mentioned earlier, the issue of indemnification was present before this new Agreement and there has not
been a history of litigation against the Village for maintenance of traffic signals.
In 2010, the Village is expected to pay the traffic signal maintenance contractor approximately $35,000 to
maintain the eight signalized intersections that are our responsibility. The Village will invoice IDOT
approximately $14,000 for their share of the eight signalized intersections. IDOT will invoice the Village
approximately $22,000 for our share of the 41 signalized intersections they maintain. The net result is
traffic signal maintenance associated with the Agreement will cost the Village approximately $43,000
annually. We would expect to pay an additional $13,000 annually if we choose to turn over maintenance
of our eight signalized intersections to IDOT.
Weighing both options, the Village Attorney and Staff support signing the Agreement. It is, therefore,
Staff's recommendation that the Village Board of Trustees approve the Agreement and grant authority to
the Mayor to sign it on behalf of the Village. Please include this item on the December 21 Village Board
Meeting Agenda.
page 2 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT AND
THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT)
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have
determined it is in the best interests of the Village to enter into a Local Agency Agreement
( "Agreement" with the Illinois Department of Transportation (IDOT) for the maintenance of traffic
signal systems in the Village of Mount Prospect; and
WHEREAS, the Intergovernmental Agreement being the subject of this resolution provides that the
Village of Mount Prospect and IDOT agree to the maintenance responsibility and to the division of
energy costs for the traffic signals and other traffic control devices listed on Exhibit "A" of the
Agreement (Exhibit "1"); and
WHEREAS, by its terms, the Intergovernmental Agreement will be in effect January 1, 2011
through December 31, 2020.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE
OF THEIR HOME RULE POWERS:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and
direct the Village President to execute the Local Agency Agreement (authorized by Illinois
Administrative Code 544) between the Illinois Department of Transportation and the Village of
Mount Prospect for the maintenance of traffic signal systems in the Village of Mount Prospect, a
copy substantially in the form set forth in Exhibit "1 ", which is attached and made a part of this
resolution.
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of December, 2010.
Irvana K. Wilks
Mayor
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \RESOLUTION\Authorize IDOT agreementdecember2010.doc
Illinois Department
of Transportation Intergovernmental Agreement
Governmental Body Name
Village of Mount Prospect
Address
50 South Emerson
City, State, Zip
Mount Prospect. Illinois 60056
Remittance Address (if different from above)
City, State, Zip
, Illinois
Telephone Number Fax Number FEIN/TIN
Brief Description of Service (full description specified in Part 5)
This is a the Master Agreement for Governmental Body maintenance and apportionment of energy costs for traffic control devices located on State
highways within or near the Governmental Body as shown on the attached Exhibit A. This agreement is authorized by 92 III, Adm. Code 544
Compensation Method (full details Travel Expense ❑Yes Agreement Term
specified in Part 6) No ' From January 1, 2011
Actual Cost .
Total Compensation Amount Travel Amount Advance Pay ID Yes
To:
$750,000 $0.00 ® No December 31, 2020
REQUIRED SIGNATURES
By signing below, the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth
in Parts 1 -7 herein and any Appendices thereto.
FOR THE GOVERNMENTAL BODY:
Signature and Job Title of Authorized Representative Type or Print Name of Authorized Representative Date
FOR THE DEPARTMENT:
Diane M. O'Keefe, Regional Engineer, Division of Highways Ellen Schanzle- Haskins, Chief Counsel Date
(Approved as to form)
By::
Christine M. Reed, P.E., Director, Division of Highways, Chief Engineer Matthew R. Hughes, Acting Director, Finance & Administration Date
Date: By:
By: Gary Hannig, Secretary of Transportation Date
By:
Print Name
Print Title
Printed 10/20/2010 Page 1 of 8 BOBS 2804 (Rev. 08/10/10)
INTERGOVERNMENTAL AGREEMENT
FOR
GOVERNMENTAL BODY MAINTENANCE OF TRAFFIC CONTROL DEVICES
This Agreement is by and between
Village of Mount Prospect
Please type or print legibly the GOVERNMENTAL BODY'S legal name and
50 South Emerson
Mount Prospect, IL 60056
Attn:
E -mail:
hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation,
hereinafter called the DEPARTMENT.
Part 1 Scope /Compensation /Term
Part 2 General Provisions
Part 3 Federally Funded Agreements
Part 4 Specific Provisions
Part 5 Scope of Services /Responsibilities
Part 6 Compensation for Services
Part 7 Agreement Award Notification
Exhibit A Locations of Subject Traffic Control Devices
Exhibit B Traffic Signal Maintenance Provisions
PART 1
SCOPE / COMPENSATION / TERM
A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in
Part 5.
B. Compensation. Compensation (if any) shall be as specified in Part 6.
C. Term of Agreement. The term of this Agreement shall be from January 1, 2011 to December 31, 2020.
D. Amendments. All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the
GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties.
E. Renewal. This Agreement may not be renewed.
Printed 10/20/2010 Page 2 of 8 BoBS 2804 (Rev. 08/10/10)
PART 2
GENERAL PROVISIONS
A. Changes. If any circumstance or condition in this Agreement changes, the GOVERNMENTAL BODY must notify
the DEPARTMENT in writing within seven days.
B. CompliancelGoverning Law. The terms of this Agreement shall be construed in accordance with the laws of
the State of Illinois. Any obligations and services performed under thls Agreement shall be performed in compliance
with all applicable state and federal laws.
C. Availability of Appropriation (30 ILCS 500120 - 60): This Agreement is contingent upon and subject to the
availability of funds. The Department, at its sole option, may terminate or suspend this Agreement, in whole or in part,
without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails
to make an appropriation sufficient to pay such obligation, or If funds needed are insufficient for any reason, (2) the
Governor decreases the Department's funding by reserving some or all of the Department's appropriation(s) pursuant to
power delegated to the Governor by the Illinois General Assembly; or (3) the Department determines, in its sole
discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or
projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction
or decrease.
D. Records Inspection. The DEPARTMENT or a designated representative shall have access to the
GOVERNMENTAL BODY's work and applicable records whenever it Is in preparation or progress, and the
GOVERNMENTAL BODY shall provide for such access and inspection.
E. Records Preservation. The GOVERNMENTAL BODY, shall maintain for a minimum of three years after the
completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and
uses of all disbursements of funds passing in conjunction with the Agreement.
F. Subcontracting /Procurement Procedures /Employment of Department Personnel
1. Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the
GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior
written consent of the DEPARTMENT.
2. Procurement of Goods or Services — Federal Funds. For purchases of products or services with any
Federal funds that cost more than $3,000.00 but less than the simplified acquisition threshold fixed at 41 U.S.0
403(11), (currently set at $100,000.00) the GOVERNMENTAL BODY shall obtain price or rate quotations from an
adequate number (at least three) of qualified sources. Procurement of products or services with any Federal
funds that are In excess of the simplified acquisition threshold fixed at 41 U.S.C. 403(11), (currently set at
$100,000.00) will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for
Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures
of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part
3(K) below. The GOVERNMENTAL BODY may only procure products or services from one source with any
Federal funds if: (1) the products or services are available only from a single source; or (2) the DEPARTMENT
authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined
inadequate.
3. Procurement of Goods or Services — State Funds. For purchases of products or services with any
State of Illinois funds that cost more than $10,000.00, ($5,000.00 for professional and artistic services) but less
than the small purchase amount set by.the Illinois Procurement Code Rules, (currently set at $31,300.00 and
$20,000.00 for professional and artistic services) the GOVERNMENTAL BODY shall obtain price or rate
quotations from an adequate number (at least three) of qualified sources. Procurement of products or services
with any State of Illinois funds in excess of the small purchase amount (currently set at $31,300.00 for goods
and services and $20,000.00 for professional and artistic services) will require the GOVERNMENTAL BODY to
use the Invitation for Bld process or the Request for Proposal process. In the absence of formal codified
procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used. The
GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds
if: (1) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such
a procedure; or, (3) after solicitation of a number of sources, competition is determined Inadequate.
Printed 10/20/2010 Page 3 of 8 BoBS 2804 (Rev. 08/10/10)
The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or .
consultant will comply with the requirements of this Agreement in performing such contract, and that the
contract is subject to the terms and conditions of this Agreement.
4. EMPLOYMENT OF DEPARTMENT PERSONNEL. The GOVERNMENTAL BODY will not employ any person
or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement.
PART 3
FEDERALLY FUNDED AGREEMENTS
[Not applicable to this Agreement.]
PART 4
SPECIFIC PROVISIONS
A. Invoices. The amount shown on each Invoice shall be in accordance with the rates established in Part 6. All
non -labor costs, if allowable, shall be listed and itemized as provided In Part 6.
Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be
sent to the following address:
Illinois Department of Transportation
Financial Services
201 West Center Court
Schaumburg, IL 60196
All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY.
B. Billing and Payment. All invoices for services performed and expenses incurred by the GOVERNMENTAL
BODY prior to July 1st of each year must be presented to the DEPARTMENT no later than July 31 of that same year for
payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be
obligated to make payment to the GOVERNMENTAL BODY on invoices presented after said date. Failure by the
GOVERNMENTAL BODY to present such invoices prior to said date may require the GOVERNMENTAL BODY to seek
payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be
made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to
the GOVERNMENTAL BODY's remittance address listed in this Agreement.
C. Termination. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY'S performance or believes
that there has been a substantial decrease in the GOVERNMENTAL BODY'S performance, the DEPARTMENT may
give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7) calendar days.
If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7)
days written notice to the GOVERNMENTAL BODY. Additionally, EITHER PARTY may terminate the Agreement by
giving thirty (30) days written notice. In either instance, the GOVERNMENTAL BODY shall be paid for the value of all
authorized and acceptable work performed prior to the date of termination, based upon the payment terms set forth in
the Agreement.
D. Location of Service. Service to be performed by the GOVERNMENTAL 'BODY shall be performed as
described in Part 5.
E. Ownership of Documents/Title to Work.
[Not applicable to this Agreement.]
F. Software.
[Not applicable to this Agreement.]
G. Confidentiality Clause.
[Not applicable to this Agreement.]
Printed 10/20/2010 Page 4 of 8 BoBS 2804 (Rev. 08/10/10)
H. Reporting /Consultation.
[Not applicable to this Agreement]
I: Travel Expenses. No expenses for travel, lodging, or per diem shall be paid by the DEPARTMENT pursuant to
this Agreement.
J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless and
indemnify the DEPARTMENT, and Its officials, employees, and agents, from any and all losses, expenses, damages
(including loss of use), sults, demands and claims, and shall defend any suit or action, whether at law or In equity,
based on any alleged injury or damage of any type arising from the willful or negligent actions or inactions of the
GOVERNMENTAL BODY and /or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and
subcontractors, in connection with their performance under this Agreement, and shall pay all damages, judgments,
costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and Its officials, employees and
agents in connection therewith.
K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL BODY
will comply with the Illinois Human Rights Act with respect to public contracts, including equal employment opportunity,
refraining from unlawful discrimination and having a written sexual harassment policy.
L. Tax Identification Number.
GOVERNMENTAL BODY certifies that:
1. The number shown on this form is a correct taxpayer identification number (or it is waiting for
a number to be issued.), and
2. It is not subject to backup withholding because: (a) it is exempt from backup withholding, or
(b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified
the GOVERNMENTAL BODY that it is no longer subject to backup withholding, and
3. It is a U.S. entity (including a U.S. resident alien).
NAME OF GOVERNMENTAL BODY:
Taxpayer Identification Number:
Legal Status (check one):
❑ Tax - exempt ❑ Government
❑ Nonresident Alien ❑ Other
M. International Boycott. The GOVERNMENTAL BODY certifies that neither GOVERNMENTAL BODY nor any
substantially owned affiliate Is participating or shall participate in an international boycott in violation of the U.S. Export
Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This applies to contracts
that exceed $10,000 (30 ILCS 582).
N. Forced Labor. The GOVERNMENTAL BODY certifies it complies with the State Prohibition of Goods from
Forced Labor Act, and certifies that no foreign -made equipment, materials, or supplies furnished to the DEPARTMENT
under this Agreement have been or will be produced in whole or In part by forced labor, or indentured labor under penal
sanction (30 ILCS 583)
Printed 10/20/2010 Page 5 of 8 BoBS 2804 (Rev. 08/10/10)
PART 5 -
SCOPE OF SERVICE /RESPONSIBILITIES
A. Cost. The DEPARTMENT and GOVERNMENTAL BODY agree to the maintenance responsibility and to the
division of energy costs, for the traffic signals and other traffic control devices listed on the attached Exhibit A.
B. Maintenance. Modernization of traffic control devices is not covered under this agreement. It is agreed that the
actual maintenance will be performed by the agency indicated on Exhibit A, either with Its own forces or through
contractual agreements.
C. Maintenance Level. It is agreed that the signals and devices shall be maintained to at least the level of
maintenance specified in Exhibit B, which is hereby made a part of this agreement. It is understood this will meet the
minimum requirements of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways.
Additional provisions regarding maintenance may be incorporated in this document upon agreement on both parties.
D. Deficiencies in Maintenance. It is also understood that if, in the judgment of the Regional Engineer, the
GOVERNMENTAL BODY has not provided maintenance in accordance with the maintenance level specified for those
signal installations and devices which it has agreed to maintain, the DEPARTMENT will give the GOVERNMENTAL
BODY a 30 day notice in writing of specific deficiencies. If the GOVERNMENTAL BODY has not corrected the
deficiencies and notified the DEPARTMENT within the 30 -day period, the DEPARTMENT will arrange for the
appropriate maintenance efforts and bill the GOVERNMENTAL BODY for its share of the costs.
E. Interconnect & Timing. The GOVERNMENTAL BODY agrees to maintain all signal equipment and
interconnects associated with interconnected signal systemg and interconnects with at -grade railroad crossings. The
DEPARTMENT, In cooperation with the GOVERNMENTAL BODY, shall determine the signal timing to coordinate and
regulate the flow of traffic. No signal timing shall be changed at any state system intersection without prior
DEPARTMENT approval. The DEPARTMENT shall set the timing and sequences of all the traffic signals and devices
and interconnects on State highways In the Village, but may on occasion, at its discretion, seek Input of the Village In
this determination. •
Traffic signals interconnected with an at -grade railroad crossing shall not be modified without prior Illinois Commerce
Commission and DEPARTMENT notification and approval. Interconnected signals at an at -grade railroad crossing may
be repaired to the original condition; however, the Illinois Commerce Commission and the DEPARTMENT must be
notified thereof.
F. Interconnections: Installation & Damage. The DEPARTMENT is not responsible for the cost of installing or
maintaining traffic signals not on (but interconnected to traffic signals on) U.S. or State routes. Any damage done to
State traffic signals in the attempt to connect local traffic signals shall be repaired to the DEPARTMENT's satisfaction
and shall be the responsibility of the GOVERNMENTAL BODY.
G. Master Monitoring Costs. Master controllers installed on State intersections for the coordination of traffic
signals are primarily used for the traffic signals located on U.S. or State routes. The GOVERNMENTAL BODY may
connect traffic signals to a State owned master controller for the coordination or operation of non - State owned traffic
signals, for the purpose of synchronizing time or gaining remote access. If the GOVERNMENTAL BODY desires a
communications link to their office for monitoring purposes, the GOVERNMENTAL BODY shall pay the entire cost of
installing and maintaining such monitoring system.
H. Payment for Energy Costs. The DEPARTMENT will reimburse the GOVERNMENTAL BODY for the
DEPARTMENT's proportionate share of the energy charges.
1. Costs for Pavement Markings. The DEPARTMENT shall reimburse the GOVERNMENTAL BODY for any
DEPARTMENT authorized pavement marking maintenance required for the operations of the traffic signal installation.
This shall include any stop bars, crosswalks, symbols, reflectors, edge lines or lane lines required for supplementing the
traffic signal installation.
J. Indemnity. The GOVERNMETNAL BODY shall indemnify and hold harmless the DEPARTMENT for any and
all third party claims of personal injury and property damage arising solely out of the GOVERNMENTAL BODY'S
maintenance of the signals and devices designated for "agency handling maintenance" in Exhibit A, or as it may be
Printed 10/20/2010 Page 6 of 8 BoBS 2804 (Rev. 08/10/10)
amended, to the extent that the GOVERNMENTAL BODY is the agency responsible for maintenance as provided in
Exhibit A, or as it may be amended.
K. Maintenance Contractors. Maintenance contracts shall be subject to DEPARTMENT approval prior to award.
The DEPARTMENT, after consultation with the GOVERNMENTAL BODY, reserves the right to reject any
electrical /maintenance contractor assigned work by the GOVERNMENTAL BODY that in the judgment of the
DEPARTMENT, has proposed or bid rates or charges in excess of usual and customary for the type of work being
performed.
L. Emergency Vehicle Preemption Devices. The costs of installation, timing, phasing, and maintenance of
emergency vehicle preemption systems shall be the sole responsibility of the GOVERNMENTAL BODY, Any
Governmental Body must notify the DEPARTMENT of any change In the emergency vehicle preemption system.
However, the DEPARTMENT reserves the right to approve or reject, at any time, the placement of such systems on its
traffic signal equipment.
M. Previous Agreements. All traffic signal and traffic control device maintenance and electrical energy provisions
contained in presently existing agreements or understandings between the DEPARTMENT and the GOVERNMENTAL
BODY for traffic signals and /or other traffic control devices covered by this Master Agreement shall upon execution of
this Master Agreement by the DEPARTMENT be superseded and be of no force or effect.
All parking ordinances and provisions bearing on items other than traffic signal and traffic control device maintenance
and energy charges contained in presently existing agreements or letters of understanding between the DEPARTMENT
and the GOVERNMENTAL BODY shall remain in full force and effect.
N. Amendments. Exhibit A can be amended to add or delete signals or devices, but only by written amendment
signed by the Regional Engineer and the authorized representative for the GOVERNMENTAL BODY. The amendment
shall be effective when fully executed and filed with the Clerk or Secretary of the GOVERNMENTAL BODY.
O. Plan Review. All traffic signal plans prepared by others for installation on State highways within municipal
corporate limits, which are to be added to this agreement, must be reviewed and approved by the DEPARTMENT and
the GOVERNMENTAL BODY.
PART 6
COMPENSATION FOR SERVICES
A. Cost Sharing. As indicated in Exhibit A, the cost of energy and maintenance of traffic signals and /or other
traffic control devices shall be shared in proportion to the number of approaches maintained by each unit of
government. The maintenance cost of the interconnect and interconnect related equipment, as listed in Exhibit A, as
well as engineering costs for any approved coordination and timing studies, shall be shared in proportion to the
approaches maintained by each unit of government at all intersections within the interconnected system.
B. Billing. Bills shall be submitted on a six (6) month basis. The amount billed shall be the costs incurred less
any proceeds from third party damage claims received during the billing period for repair of signals or devices that are
the responsibility of the DEPARTMENT. Any proposed single expenditure in excess of $10,000 for repair or damage to
an installation must be approved by the DEPARTMENT before the expenditure is made.
The hours, or parts thereof, billed for each maintenance item will be at the actual time directly related to the work task.
The DEPARTMENT reserves the right to examine the records of the GOVERNMENTAL BODY to determine that costs
billed are fully documented.
GOVERNMENTAL BODY costs are composed of labor, equipment, materials and the quantity of each, The cost for
labor will be determined by the actual hourly rate for the employee plus a multiplier calculated by the GOVERNMENTAL
BODY to include direct and indirect labor related costs, retirement, social security, health, hospitalization and life
insurance, holidays, vacation, sick leave and workers compensation. Equipment costs will be as listed in the Schedule
of Average Annual Equipment Ownership Expense. Materials will be at cost.
The cost for contracted work will be the actual cost for the contractor.
Printed 10/20/2010 Page 7 of 8 BoBS 2804 (Rev. 08/10/10)
PART 7
AGREEMENT AWARD NOTIFICATION
REQUIRED FOR ALL PROJECTS
Does this project receive Federal funds? ❑ Yes ® No
Amount of Federal funds:
Federal Project Number:
Name of Project:
CFDA Number *, Federal Agency, Program Title:
*For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award /Grant
Agreement.
ANNUAL CERTIFICATION FOR COMPLIANCE WITH FEDERAL
OMB- CIRCULAR A -133
NOTICE
• Do not submit this certification to the department with your
signed contract.
• This certification applies ONLY to governmental agencies, local units of government and non-
profit agencies expending federal funds for this project. It does not apply to for - profit public or
private entities.
• If OMB Circular A -133 applies to your organization, this certification or a copy of your OMB A -133
single audit must be submitted to the department at the end of your fiscal year for any fiscal year
In which you expended any federal funds related to this contract.
NOTE: ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR
IN WHICH FEDERAL FUNDS ARE EXPENDED FOR THIS PROJECT BY ANY STATES, LOCAL
GOVERNMENTS OR NONPROFIT ORGANIZATIONS. FAILURE TO COMPLY WITH THE
ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN THE SUSPENSION OF
PAYMENTS TO REIMBURSE PROJECT COSTS.
In accordance with OMB Circular A -133, Audits of States, Local Governments, and Non - Profit
Organizations, such non - federal entitles that expend $500,000 or more in federal awards in a year
are required to have a single audit performed in accordance with OMB Circular A -133. The Illinois
Department of Transportation (IDOT) is required by federal law to obtain and review the single audit
of all entitles that had any federally participating funds pass through it, irrespective of the amount
provided by IDOT. It is the responsibility of the agencies expending federal funds to comply with the
requirements of OMB Circular A -133 and determine whether they are required to have a single audit
performed.
In order to comply with this requirement, your agency must provide the following information to the
department on an annual basis for every year in which you expended funds for costs associated with
this project:
Printed 10/20/2010 Page 8 of 8 BoBS 2804 (Rev. 08/10/1
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EXHIBIT B
TRAFFIC SIGNAL MAINTENANCE PROVISIONS
•
A. GENERAL PROVISIONS
1. CABINET PACK
Wiring diagrams, phase diagrams; and manuals that are required to be in each traffic signal controller
cabinet at the time of construction completion shall remain in the cabinet. Written documentation of all
traffic signal timing changes shall be provided in the cabinet. All entries shall be written in a clear and
concise manner. The agent of the maintaining agency making any entries shall provide his signature
and date of entry. These shall be kept in the cabinet to assist the DEPARTMENT on emergency call
outs.
•
2. HARDWARE SPECIFICATIONS
All equipment and material used shall comply with the requirements of the DEPARTMENT'S Standard
Specifications for Road and Bridge Construction. Failure to meet the DEPARTMENT "S specifications
shall be justification for permanent removal of the non-compliant equipment by the DEPARTMENT,
with the cost of removal to be the responsibility of the LOCAL AGENCY.
Any costs incurred as a result of exceeding the DEPARTMENT'S specifications for installing new
equipment or painting new or used equipment; for example, installing decorative style poles, posts, or
mast arm assemblies, will be the sole responsibility of the LOCAL AGENCY.
•
3. HIGHWAY LIGHTING
For maintenance involving combination traffic signal and lighting unit mast arm assemblies and poles,
the foundation, traffic signal mast arm assembly, pole and all signal cable shall be considered part of •
the traffic signal system. The lighting arm, luminaire and . all lighting cable shall be part of the highway
lighting system.
The highway lighting system components of each combination mast arm assembly and pole shall be
tested for proper operation and physical condition during the intersection cabinet inspection, or at least
every six months. All cost of inspecting and maintaining the highway lighting system equipment, is the
responsibility of the LOCAL AGENCY. In addition to regular inspection and maintenance, all cost of
repairing or replacing damaged or missing highway lighting system equipment is the responsibility of
the LOCAL AGENCY.
•
4. EMERGENCY VEHICLE PREEMPTION SYSTEM
Test Emergency Vehicle Preemption System (EVPS) equipment for proper operation and physical
condition during the intersection cabinet inspection, or at least every six months. All program settings
and each sequence of operation must be verified to be correct during each inspection. All cost of
inspection and maintaining the EVPS equipment, including the light detectors, light detector amplifiers,
radio transmitters and receivers, antennas, confirmation lights, and cables and related components, is
the responsibility of the local fire district or LOCAL AGENCY. In addition to regular inspection and
maintenance, all cost of repairing or replacing damaged or missing EVPS equipment is the
responsibility of the local fire district or LOCAL AGENCY.
•
S. RAILROAD PREEMPTION
At all locations with railroad /traffic signal interconnects, respond to any and all emergency all red flash
alarms in a timely manner and notify the Illinois Commerce Commission and the DEPARTMENT of
the malfunction.
•
None of the traffic signal railroad preempt parameters including but not limited to the phase timings,
phase sequences and pedestrian and vehicular clearance intervals can be modified without prior •
approval from the DEPARTMENT and the Illinois Commerce Commission.
• Maintain unique spare controller data modules or sets of data chips containing the final railroad
preemption parameters for each location.
Cooperate in any inspection as deemed necessary by the DEPARTMENT or the Illinois
Commerce Commission. •
•
The DEPARTMENT shall provide contact personnel available at all times to who railroad
preemption malfunctions must be reported.
6. DAMAGE REPAIRS
Repair or replace any and all equipment. damaged by any cause whatsoever.
7. ACCIDENT DAMAGE • •
Be responsible to make recovery for damage to any part of the installation or system from the
party causing the damage,
Whenever third party claims cannot be recovered, theDEPARTMENT shall share in the loss.
8. TEMPORARY TRAFFIC CONTROL
Provide temporary traffic control during a period of equipment failure or for when the controller must
be disconnected. This may be accomplished through the installation of a spare controller, placing the •
intersection on flash, manually operating the controller, manually directing traffic through the use of
proper authorities, or installing temporary stop signs which will be removed once the signal is in
working condition.
9. EMERGENCY PERSONNEL • •
Provide skilled maintenance personnel who will be available to respond without delay to emergency
calls. This may be provided by agency forces, contract, or maintenance agreement. .Controller failure,
lights out, knockdowns, or two (2) red lights out at intersection are considered emergencies.
Provide the DEPARTMENT the names, addresses and telephone numbers of at least. two persons, who
• will be available for emergency repair of the traffic signals and keep the DEPARTMENT informed of
any changes of same. .
10. L.E.D. SIGNAL HEADS
•
Maintain all light emitting diodes (L.E.D.) signal heads according to instructions provided by each .
head's manufacturer and vendor so as to prolong their life and assure compliance under any warranties.
B. AS REPORTED OR OBSERVED
1. LAMP REPLACEMENT
Replace burned out lamps for all red signal indications within twenty -four (24) hours of notification of
burnout or on the next business day following the notification. However, if two or more red indications
for an approach are burned out, these lamps must be replaced as soon as possible, and under no
circumstances longer than twenty -four (24) hours after notification. Replace all other burned out lamps
within forty-eight (48) hours or next business day of notification of burnout. Lamp changes shall
always include a lens cleaning.
2. SIGNAL ALIGNMENT
Keep signal heads properly adjusted, including plumb, and tightly mounted. All controller cabinets,
signal posts and controller pedestals should be tight on their foundations and in alignment.
3. CONTROLLER PROBLEMS
Check the controllers, relays, and detectors after receiving complaints or calls to ascertain that
they are functioning properly and make all necessary repairs and replacement.
4, L.E.D. SIGNAL HEAD REPLACEMENT
Provide replacement light emitting diodes (L.E.D.) signal heads that conform to the latest applicable
Institute of Transportation Engineers (I.T.E,) specifications for L.E.D. signal heads, including but not •
limited to, color and intensity requirements.
5. PAINTING
Repaint all signal components exposed to weather as needed. •
C. WEEKLY
•
1. MASTER CONTROLLER SYSTEMS
At locations that are a part of a closed loop signal system maintained by the LOCAL AGENCY, repair
any and all malfunctions in a timely manner so that the signals remain under the control of the master at
all times.
•
Assist in the implementation of the signal system timing plans.
Maintain the central signal system software on a PC so that the signal system is monitored weekly.
Check weekly by phone or location vi sit for any malfunction. Verify software accuracy to central
office software.
•
•
•
D. B)(- ANNUAL
•
1. CABINET INSPECTION
•
Check the controllers, relays, and detectors to ascertain that they are functioning properly and
make all necessary repairs and replacement.
Keep interior of controller cabinet in a clean and neat condition at all times.
2. OBSERVE SIGNALS •
Observe the signals at the time of the bi- annual cabinet inspection. This involves stopping and
watching for correct detection and timing operation.
3. DETECTION TESTING.
Test and inspect vehicle detection inductance loops, loop detectors, and pedestrian detection
during cabinet visit biannually.
•
•
4. VIDEO DETECTION TESTING
Inspect, maintain, and clean all video detection and surveillance systems every six months or as needed,
to achieve clean lenses, proper alignment and proper focus. This shall include system camera, lenses,
camera housings and hood /shield, pan, tilt, and zoom mechanisms and motors, mounting brackets and
hardware, poles, microprocessors, controller, cables and communication equipment, and other related
components. Maintenance shall include modifications to programmable detection zones.
•
E. ANNUAL
1, RELAMP
Clean reflectors, lenses and lamps once every twelve (12) months or as needed. Replacement
of lamps shall be performed on the same occasion as the cleaning required in this provision.
•
2. CONTROLLER CHECK
Remove and clean and overhaul the controller (except solid - state),, relays, special auxiliary control
equipment, and time clocks once a year or more often if necessary. When solid state controllers
malfunction, they shall be removed, repaired, and bench checked. Solid state controllers shall not be
removed for annual maintenance inspections.
•
This annual check should verify software with central office software and repaint cabinet pack
•
timings sheet. Controller check shall occur during a bi- annual cabinet inspection. .
3. CONFLICT MONITOR TESTING
Conduct a complete test of each conflict monitor and malfunction management unit. The following
tests shall be performed: Indicator, System/Timing, ConflictNoltage /Clearance, Green/Green
Permissive, Complete Permissive, and Extended (inc. Red/Green Dual Display, Watchdog Failure,
etc.). It is recommended that testing be performed with the aid of an automated conflict monitor tester.
4. FUSE AND BREAKER CHECKS
•
•
Fuse and breaker check should occur during a bi- annual cabinet inspection. Replace burned
out fuses or deteriorated breakers as needed.
5. CLEARANCE TRIMMING
Remove any obstruction blocking the line of sight of the traffic signal face to the motorist. The
maintaining agency shall trim trees, bushes or any other form of vegetation blocking said lines of sight.
The maintaining agency shall remove, or order the removal of, any man -made obstructions such as
signs or banners blocking said line of sight. Visibility for line of sight shall meet the standards
established and contained in the Manual on Uniform Traffic Control Devices for Streets and Highways.
(MUTCD), All trimmed vegetation shall be legally disposed of by the maintaining agency off the right
of way.
•
6. HARDWARE INSPECTION
Inspect all mast arm assemblies, mast arm poles, brackets (or other types of hardware) supporting
traffic heads or pedestrian signal heads on an annual basis. The inspection shall focus on the structural
elements of the mast arm assembly and must include a close up, arms length investigation of the mast
arm, pole, mast to pole connection, base plate, and anchor bolts.
The arm of the assembly shall be visually inspected at all signal head 'connections for any defects, such
as cracks or buckles. Inspect the mast arm to pole connection for significant loss of section, cracks in
welds or base metal, and deterioration of the connection plates. The bolts of the arm to pole connection
shall be inspected for tightness and condition. Check the pole for external concision, impact damage,
rust through perforation, deflection, distortion, or cracking. Closely inspect pole for corrosion near the
base plate, especially if mounted on a grout bed. Check welds of the pole to base plate connection for
cracks. Inspect base plate for section loss or deformation. Inspect mast arm anchor bolts for any
corrosion or bending, and for loose or missing nuts.
Upon discovery of any buckles or significant structural defects (loose or missing nuts, severe corrosion
or dents, cracks in welds, plate or structure, etc.), immediately notify the DEPARTMENT.
7. PAVEMENT MARKINGS
Inspect pavement markings and replace as necessary to insure proper motorist and pedestrian guidance.
Insure that stop bars, symbols and crosswalks are in good condition. Insure lane, edge and center lines,
and reflectors, provide clear delineation for motorists during daytime and nighttime.
S: \WP\PROGRAMS\AgreementExhibitB. doc
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