City Council

CITY OF ELGIN, ILLINOIS COUNCIL AGENDA CITY COUNCIL CHAMBERS Regular Meeting 7:00 P.M. April 8, 2026 Call to Order Pledge of Allegiance Roll Call Minutes of Previous Meetings – March 25, 2026 Communications • Autism Awareness Month Proclamation • National Public Safety Telecommunicators Week Proclamation • Animal Care and Control Appreciation Week Proclamation • Week of the Young Child Proclamation Public Comments Bids - 1. 26-007 Lead Services Line Replacement 2026 (Contract D) ($767,916) Other Business (O) 1. Resolution Authorizing the Execution of a Purchase Agreement with Stationwise, Inc. for Personnel Scheduling Software 2. Resolution Authorizing Execution of a Joint Funding Agreement for Federally Funded Con- struction with the State of Illinois, Acting By and Through its Department of Transporta- tion in Connection with the Highland Avenue and Lyle Avenue Intersection Project City Council Agenda – April 8, 2026 Page 2 3. Resolution Authorizing Execution of a Local Public Agency Engineering Services Agree- ment with Hampton, Lenzini and Renwick, Inc. for Construction Engineering Services in Connection with the Highland Avenue and Lyle Avenue Intersection Project 4. Authorization for Payment – United Door and Dock 5. Authorization for Payment – Crossroad Construction, Inc. 6. Authorization for Payment – IHC Construction Companies, LLC 7. Authorization for Payment – McScot Golf, Inc. *Consent Agenda (C) 1. Resolution Approving Athletic Facility Improvement Grant Recipients 2. Resolution Authorizing Execution of an Agreement with Andy Frain Services, Inc. for Se- curity Services at the Edward Schock Centre of Elgin, Lords Park and Wing Park 3. Resolution Authorizing the Execution of a Renewal Agreement with HigherGround, Inc. for Live911 Software System and Services 4. Resolution Authorizing Execution of a Change Order No. 1 with Connelly Electric Co. for Riverside Water Treatment Plant and Well 5A MCC Improvements (Bid No. 25-035) 5. Resolution Determining Real Estate Located at 1717 Gifford Road is Appropriate for Class 6B Cook County Real Property Assessment Classification (PJP Holdings, LLC – Axium Pack- aging, LLC) 6. Resolution Approving Settlements of Certain Workers’ Compensation Cases 7. Ordinance Granting a Conditional Use to Establish a Church in the AB Area Business Dis- trict (85 Market Street) Miscellaneous Business (M) 1. Boards and Commissions Minutes a. Heritage Design Review Subcommittee March 10, 2026 b. Liquor Commission February 11, 2026 c. Parks and Recreation Board January 27, 2026 d. Committee of the Whole March 11, 2026 e. City Council March 11, 2026 City Council Agenda – April 8, 2026 Page 3 2. Various Reports a. Electric Tax b. Natural Gas Tax c. Video Gaming Revenue Announcements Next Committee of the Whole Meeting, Wednesday, April 22, 2026, at 6:00 p.m. in the City Coun- cil Chambers Next Regular Meeting of the Elgin City Council, Wednesday, April 22, 2026, at 7:00 p.m. in the City Council Chambers Adjournment *All matters listed under Consent Agenda are considered to be routine and non-controversial by the City Council and will be enacted by one motion and one roll call vote. There will be no sepa- rate discussion of these items. If discussion is desired by a Council member or citizen, that item will be removed from the Consent Agenda and will be considered separately immediately after approval of the Consent Agenda. Citizens desiring discussion on any item listed under the Con- sent Agenda should contact a Council member prior to the meeting and request that the item be removed for discussion. The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accom- modations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. AGENDA ITEM: Bid 1 MEETING DATE: April 8, 2026 ITEM: Lead Service Line Replacement 2026 (Contract D) - Bid 26-007 ($767,916) OBJECTIVE: Improve the water distribution system by performing emergency replacement of lead water ser- vice lines located on private property. RECOMMENDATION: Award a contract to IHC Construction Companies, LLC of Elgin, Illinois, for 2026 Lead Service Line Replacement – Emergency Repairs Contract in the amount of $767,916. The use of lead water service lines to a home or business from the city’s water mains was recog- nized industry practice before 1970. Today, there are approximately 9,200 lead water service lines in use at residential properties in Elgin. This initiative intends to utilize local funding to perform emergency replacement lead water service lines for the next twelve months. These replacements would be due to leaks or disturbances in the lead service line. Current IEPA regulations require that lead service lines requiring emergency repairs be fully replaced within 30 days of disturbance. Partial replacements are not allowed. Staff is recommending that city council approve the bid to IHC Construction Companies, LLC of Elgin, Illinois, in the amount of $767,916. BACKGROUND The city conveys drinking water from its two water treatment plants through a network of pipes to the final point of use in homes, businesses and other facilities. While there are various pipe materials used for the conveyance of water, this initiative focuses solely on the lead-based water service pipes that typically exist in the older portions of the city. Lead pipes were historically used to convey water from the city-owned and operated water mains into homes, businesses and other facilities. This industry-accepted construction practice contin- ued until approximately 1970 when copper replaced lead as the industry choice. National regulations governing water treatment require that drinking water be treated so that it develops a scale, or in other words, a coating that occurs from the process of the drinking water flowing through a water service line pipe. Because drinking water is treated so that it does not create corrosion within the water service line pipe, lead pipe materials are shielded by the scale created by the water chemistry flowing through a pipe. However, some recent studies have evi- dence suggesting that once a lead water service line has been disturbed in any way, the exposed lead pipe has the potential to release small amounts of lead into the drinking water before scale on the pipe’s interior develops again to encapsulate the material. Past practice has been that the city would replace the service line from the water main to the shutoff valve, with the property owner being responsible for the service line from the shutoff valve to the meter. The IEPA has revised their regulations which now prohibit partial service line replacements. Due to this change, the city is required to replace the entire service line from water main to water meter. City staff have been working with our consultant, Engineering Enterprises, Inc. (EEI), to develop and implement a city-wide lead service line replacement program. The program has utilized IEPA ARPA and DCEO funding for past and current replacement projects, and plans to continue to uti- lize IEPA funding specifically earmarked for lead service line replacement along with other fund- ing sources, to continue to meet the 7% annual replacement requirement that has been placed on the City by IEPA. OPERATIONAL ANALYSIS This is one of five lead service line replacement contracts to be awarded in 2026. Because this contract is for replacement of service lines on an emergency basis, we can use historical data to plan for 50 – 100 repairs per year. Most, if not all, of these replacements will be for the private 2 side of the water service. City staff will replace the public side, if needed. This contract will be in effect for one year, at which time a new contract would be bid. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Two bids were received for this project, but one of the bids was determined to be non-responsive due to not attending the mandatory pre-bid meeting. The lowest responsive and responsible bid was $767,916 from IHC Construction Companies. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE ARPA 221-0000-791.93-41 325004 $45,485 $45,485 2024 Bond 324-4000-795.93-41 325004 $100,000 $100,000 2025 Bond 325-4000-795.93-41 325004 $622,431 $622,431 LEGAL IMPACT Invitations to bid were placed on the city’s website and advertised in the February 13, 2026, edi- tion of the Daily Herald. Bids were received on March 19, 2026. ALTERNATIVES The city council may choose to reject the bids. Based on council feedback, staff will revise con- tracts and re-advertise bids. Doing so would prevent completion of significant work during this year and would put us behind our proposed schedule to meet IEPA mandates. NEXT STEPS 1. Approve award. 2. Execute contract documents. 3. Issue notice to proceed to the contractor. 4. Commencement of construction by contractor. 3 Originators: Nora Bertram, Water Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Recommendation of Award Letter 4  ENGINEERING ENTERPRISES, INC. 52 Wheeler Road, Sugar Grove, IL 60554 Ph: 630.466.6700 • Fx: 630.466.6701 www.eeiweb.com March 20, 2026 Nora Bertram, PE Water Director City of Elgin 375 W. River Road Elgin, IL 60123 Re: Recommendation of Award for Bid 26-007 Year 5 Lead Service Line Replacement Program – Contract D (Emergency Repairs) Nora: Bids were received by the City of Elgin at 3:00 P.M. on March 19, 2026, utilizing the City’s e- bidding process for the above-referenced project. A summary of the bids is attached for your information and record. Pipe Strong, LLC did not attend the mandatory pre-bid meeting and is therefore deemed a non- responsive bidder. Based on our review of the bids, supporting documents provided, and disqualification of the lowest bidder, we recommend the acceptance of the bid and approval of award be made to the second lowest bidder, IHC Construction Companies, LLC in the amount of $767,916.00. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Julie A. Morrison, P.E. Vice President Enclosures pc: Timo Bello, Utilities Superintendent Nick Etminan, Procurement Manager KMM, JWF - EEI OUTSTANDING SERVICE • EVERY CLIENT • EVERY DAY  Page 1 of 1 BID SUMMARY YEAR 5 LSLR PROGRAM - CONTRACT D (EMERGENCY REPAIRS) CITY OF ELGIN BID TABULATION ENGINEER'S ESTIMATE PIPE STRONG, LLC IHC CONSTRUCTION COMPANIES LLC BIDS RECEIVED 11:30 A.M. 07/13/15 52 Wheeler Road 650 E Algonquin Road, Suite 200 385 Airport Road, Suite 100 Sugar Grove, IL 60554 Schaumburg, IL 60173 Elgin, IL 60123 TOTAL BID $807,600.00 $737,893.33 $767,916.00 ADDENDUM NO. 1 x x BID BOND x x SIGNED BID x x Non-responsive ENGINEERING ENTERPRISES, INC. 52 WHEELER ROAD, SUGAR GROVE, ILLINOIS  Resolution No. 26-63 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT WITH STATIONWISE, INC. FOR PERSONNEL SCHEDULING SOFTWARE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Stationwise, Inc., for personnel scheduling software, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk 


         PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this _____ 8 day of April _________________ 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Stationwise, Inc., a Delaware corporation (hereinafter referred to as "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell and install the goods and/or services to the City as described in the eighteen (18) page proposal, dated March 26, 2026, attached hereto and made a part hereof as Attachment A. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Stationwise, Inc., c/o registered agent Resident Agents Inc., 8 The Green, Suite R, Dover, DE 19901 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, 


         Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. PAYMENT. City shall pay the total sum of Sixty-Eight Thousand Seven Hundred Seventy Dollars ($68,770.00) as indicated in and according to the payment schedule of Attachment A or within thirty (30) days of delivery or City's receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax exempt governmental entity. 11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery and installation of the goods. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller’s officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City’s choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer’s warranties, warranties of merchantability, and warranties of fitness for 2 a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, 


         punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. CITY OF ELGIN STATIONWISE, INC.  
  _____________________________________ _____________________________________ Richard G. Kozal, City Manager Print Name Attest: _____________________________________ Signature  _____________________________________ _____________________________________ City Clerk Title Legal Dept\Agreement\Stationwise Purchase Agr-Scheduling Software-3-25-26.docx 3 


         Required Items Lite Tier Subscription (Prorated) Price $14,950.00 Discount 20 % For Period Between: 4/1/26 - 12/31/26 Details Multi-year Discount Total $8,970.00 Lite Tier Subscription Price $14,950.00 per year For Period Between: 1/1/27 - 12/31/31 Discount 20 % Includes the following: Scheduling software designed for your unique union rules, including: Staffing lists for overtime hiring Certification requirements Min / max consecutive work hours Cloud-based web app with mobile and tablet friendly design Deploy for strike teams, TIFMAS, etc. Timecard management with employee e-signatures and custom .csv payroll export Conversation and messaging system that tracks read receipts and can send via SMS and/or email 24/7/365 customer support from real people who speak firefighter, with response times of <1 hour. Hiring engine to automate filling vacancies and overtime hiring Core Integrations: 3rd party integrations, including: Incident Reporting (Image Trend, ESO, FirstDue) Payroll (any tool, custom .csv export only) Vacation and shift/position bidding for day and assignment auctions Details Multi-year Discount Contract term 5 year Total $11,960.00 per year 


 


         Lite Tier Implementation & Training Price $10,000.00 One-time cost covers Stationwise implementation and training Discount 100 % Details Strategic Partnership Discount Total $0.00 Payroll Analytics Price $7,500.00 per year Payroll analytics functionality included for length of initial contract period (Strategic Discount 100 % Partnership offering). Details Strategic Partnership Discount Contract term 5 year Total $0.00 per year Total Amount $68,770.00 One-time subtotal $8,970.00 Recurring subtotal $11,960.00 per year Total Amount $68,770.00 


 


         Software as a Service Terms and Conditions These Software as a Service Terms and Conditions (“Terms”) constitute a legal agreement between Stationwise, Inc., a Delaware corporation (“Company”), and the customer identified on each applicable SaaS Order Form (“Customer”). Company and Customer are herein referred to individually as a “Party” and collectively as the “Parties”. The Company is willing to make the Subscription Services (as defined below) available to Customer only as set forth in these Terms and each applicable SaaS Order Form. All terms with initial letters that are capitalized herein but which are not otherwise defined herein shall have the meanings set forth in each applicable SaaS Order Form. These Terms, its exhibits and attachments, and each applicable SaaS Order Form are collectively referred to herein as the “Agreement”. 1. ACCESS RIGHTS; SUBSCRIPTION SERVICES; OWNERSHIP 1.1. Right to Access Subject to the terms of this Agreement and any limitations set forth within the Applications (as defined below), Company grants to Customer a nonexclusive, nontransferable, revocable, non- licensable limited right to access and use (the “Access Rights”) its proprietary software as a service offering for fire department scheduling, communications, budgeting, reporting, record storage and related matters, as updated and modified from time to time (the “Subscription `Services”), as set forth in each applicable SaaS Order Form, through certain downloadable software applications or an online web portal as made available by Company from time to time (collectively, the “Applications”), solely during the Term. Customer acknowledges and agrees that Company offers certain access rights and certain features and functionality of the Subscription Services to customers on a differentiated basis, and Company may offer from time- to-time different subscription plans, levels, or packages with respect to such rights, features, and functionality, for example with respect to Customer’s available data storage or with respect to the number and type of Customer’s permitted Authorized Users. Customer’s Access Rights include only the features and functionality set forth in each applicable SaaS Order Form and may be exercised only with respect to the number of Customer fire stations (each a “Battalion” and collectively, the “Battalions”) specified in each applicable SaaS Order Form. 


         1.2. Users The Subscription Services may be used only by Customer’s Authorized Users. As used herein, an “Authorized User” is (a) an employee or contractor of Customer authorized by Customer to access and use the Subscription Services; or (b) any other individual designated by Customer as an Authorized User and authorized by Customer to access and use the Subscription Services. Authorized Users will have different rights, features, and functionality within the Subscription Services based on the role or type of each such Authorized User (each, a “User Type”), and Customer is solely responsible for assigning and designating each Authorized User to be the appropriate User Type within and as set forth in the Subscription Services. For the avoidance of doubt, Company shall have no liability relating to or arising from the authorization of any individual as an Authorized User or relating to or arising from the designation of any Authorized User as a particular User Type. Customer acknowledges and agrees that it is responsible for all fees incurred in connection with the designation or authorization of Authorized Users by each Administrative User (as defined below), as set forth in each SaaS Order Form. Customer will at all times be responsible for any breach of these Terms by any Authorized User, regardless of whether such action was authorized by Customer or not and regardless of whether or not any Authorized User has separately agreed to any end user license with Company. Any action taken by an Authorized User in connection with the Subscription Services shall be deemed to be an action taken by Customer for purposes of compliance with these Terms. 1.3. Administrative User(s) Company will grant at least one (1) Authorized User administrative control over Customer’s account as provided by and through the administrative portal of the Subscription Services (each, an “Administrative User”), which may include the ability to designate or un-designate individuals to be Authorized Users, set permissions, revoke access, edit certain content uploaded via the Subscription Services, and otherwise configure certain of Customer’s settings within the Subscription Services. 1.4. Technical Requirements Customer and its Authorized Users are responsible for procuring and operating all computer systems, software, and telecommunications services required to meet the minimum technical specifications necessary for Authorized Users to access and use the Subscription Services as they exist from time to time, and Customer or any Authorized User may be unable to access or utilize some or all aspects of the Subscription Services unless such minimum technical specifications are met. 


         1.5. Ownership The Applications, the Subscription Services, including without limitation all software code related to the foregoing, the Analytics (as defined below), the Documentation, Company Content, all other content and materials that are not Customer Inputs (as defined below) or User Data (as defined below) that appear in the Applications and in the Subscription Services, and all improvements, modifications, derivative works or innovations made to each of the foregoing and all intellectual property rights in each of the foregoing (including all rights associated with particular information that are granted by law and that give the owner, independent of contract, exclusive authority to control use or disclosure of the information, including enforceable privacy rights and any rights in databases recognized by applicable law) are the exclusive property of Company and its licensors, even if such improvements, modifications, derivative works or innovations result from suggestions, enhancement requests, recommendations or other feedback provided by Customer or any Authorized User. Except for the Access Rights expressly granted herein, all rights in and to all of the foregoing are reserved by Company. These Terms do not convey to Customer any rights of ownership or other intellectual property right in, to, or under any Subscription Services. Nothing in these Terms will be deemed to grant to Customer any right to receive a copy of any software underlying the Applications or Subscription Services, in either object or source code form. Company shall own all intellectual property rights related to any feedback, comments, or suggestions Customer or its Authorized Users provide to Company with respect to the Subscription Services, and Customer hereby assigns all such intellectual property rights to Company. 1.6. Analytics As used herein, “Analytics” means information, data, statistics, metadata, inferences, interrelationships, and/or associations generated by or from the Subscription Services, or regarding Customer’s or its Authorized Users’ use of the Subscription Services, including without limitation performance metrics. Company may create, collect, use and disclose Analytics for product improvement and other Company business purposes. Analytics will not identify Customer or any Authorized User as the source of the information or include any Personal Information. 1.7. Suspension Company may suspend Customer’s or any Authorized User’s Access Rights at any time in the event that (a) any payment due to the Company from Customer is more than five (5) business days past due; (b) a reasonable threat to the technical security or technical integrity of the Subscription Services exists, provided that Company promptly recommences performance upon the cessation of the threat; or (c) if Company reasonably determines that Customer or any Authorized User has otherwise violated any of these Terms and provided the Customer with notice thereof and at least ten (10) business days to cure such violation. For the avoidance of 


         doubt, Customer’s obligation to pay the Fees (as defined below) set forth in each applicable SaaS Order Form shall continue in full force and effect during any suspension of access to the Subscription Services under these Terms. Company shall not be liable to Customer, any Authorized User or third party for any suspension of Access Rights under this Agreement. 2. CUSTOMER RESPONSIBILITIES 2.1. Access Credentials Customer will safeguard, and ensure that all Authorized Users safeguard, the devices, computers, and networks used to access the Subscription Services and safeguard all login information, passwords, identity and security protocols, and policies through which Authorized Users access and use the Subscription Services (“Access Credentials”). Customer agrees to: (1) keep its Access Credentials secure and confidential and not to allow any of Customer’s Authorized Users to provide their Access Credentials to anyone else; and (2) not permit any individual who is not an Authorized User from using any Access Credentials. For the avoidance of doubt, Customer may not allow, permit, or authorize the use of any Authorized User’s Access Credentials by more than one individual, and Customer shall ensure that each Authorized User does not share or allow any other individual to utilize such Authorized User’s Access Credentials. Customer will notify Company and will ensure that Authorized Users notify the Company immediately (within 48 hours) if Customer or any Authorized User learns of any unauthorized use of any Access Credentials or any other known or suspected breach of security relevant to the Subscription Services. Company reserves the right, in its sole discretion and without liability to Customer or its Authorized Users, to take any action Company deems necessary or reasonable to ensure the security of the Subscription Services and Customer’s Access Credentials and account, including suspending or terminating Customer’s access or the access of any of Customer’s Authorized Users, changing passwords, or requesting additional information to authorize activities related to Customer’s account. 2.2. Representations Customer represents and warrants that: (a) it has full power and authority to enter into each applicable SaaS Order Form and perform its requirements and obligations set forth in this Agreement; (b) the person signing each applicable SaaS Order Form on Customer’s behalf has been duly authorized and empowered to enter into it and to this Agreement; (c) it has a valid and binding agreement with each Authorized User or with the legal entity that employs each Authorized User, pursuant to which Customer can enforce the compliance of such Authorized User with this Agreement; and (d) that it will perform its obligations and exercise its rights hereunder in conformance with all applicable laws, rules, regulations and guidelines, including, without limitation, those related to privacy and data security. Customer represents that all information Customer or any Authorized User provides to Company through the Applications or 


         otherwise as part of its account registration and at any other time during or after the account registration will be true, accurate, complete, and current and that Customer and each Authorized User will promptly update all such information as necessary such that it is, at all times, true, accurate, complete, and current. 2.3. General Restrictions on Use Customer and each Authorized User shall comply with all applicable laws in its use of the Subscription Services and agrees not to act outside the scope of the rights that are expressly granted by this Agreement. Customer will not, and shall ensure that the Authorized Users will not, (a) make the Subscription Services available to anyone other than the Authorized Users; (b) commercially exploit, sell, resell, license, sublicense, rent, lease, or distribute the Subscription Services or include any Subscription Services or any derivative works thereof in a service bureau or outsourcing offering except as expressly set forth in this Agreement; (c) copy, photograph, or otherwise reproduce any part of the Subscription Services, including any Platform Content, or modify or make derivative works based upon the Subscription Services, including any Platform Content; (d) create internet “links” to the Subscription Services or “frame” or “mirror” any portion of the Subscription Services on any other website, software application, server, or device; (e) access the Subscription Services for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes; (f) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the object code or source code from which any software component underlying the Subscription Services are compiled or interpreted; (g) interfere with or disrupt the integrity or performance of the Subscription Services, the Applications, or the data contained therein or disrupt any servers or networks connected to the Subscription Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Subscription Services; or (h) utilize the Subscription Services in order to (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable law; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, unsafe, malicious, abusive, or tortious material, including material harmful to children or violative of third party privacy rights; or (iii) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs or plant malware on Company’s computer systems, those systems of Company’s third party service providers or vendors, or otherwise use the Subscription Services to attempt to upload and/or distribute malware. Customer shall be responsible for Authorized Users’ use of the Subscription Services, including their compliance with the requirements of this Section 2.3, and any action or breach of this Agreement by an Authorized User shall be deemed an action or breach hereof by Customer. Nothing in this Agreement shall be construed to grant Customer any right to obtain or use such object code or source code. Compliance with the restrictions set forth in this Section 2.3 is an essential basis of this Agreement, and Customer agrees to reimburse Company for attorneys’ fees and court costs incurred in connection with any lawsuit brought by Company in which a court or arbitrator finds that Customer or any Authorized Users have breached any provisions of this Section 2.3. 


         3. PLATFORM CONTENT; CUSTOMER INPUTS; USER DATA 3.1. Platform Content Company may provide certain information, data, and other content on or through the Applications or Subscription Services (“Company Content”). The Services may from time to time include, feature, or link-to information, data, and other content or websites from third parties (collectively, the “Third Party Content” and together with Company Content, the “Platform Content”). IT SHALL BE CUSTOMER’S AND EACH AUTHORIZED USER’S RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF THE SUBSCRIPTION SERVICES AND ANY PLATFORM CONTENT FOR THE USE BY CUSTOMER AND EACH SUCH AUTHORIZED USER. CUSTOMER IS RESPONSIBLE FOR DETERMINING WHETHER ANY PLATFORM CONTENT IS RELEVANT, APPROPRIATE, OR SUFFICIENT FOR CUSTOMER’S PURPOSES. ALL PLATFORM CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PLATFORM CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ITS COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 3.2. Customer Inputs; Customer Marks The Subscription Services may include the ability for the Customer and Authorized Users to upload and/or enter certain content, including without limitation data, text, writing, videos, images, photos, audio clips, graphics information, software, code, and any other types of content and including without limitation in connection with any messaging in or through the Subscription Services (collectively, “Customer Inputs”). As between Customer and Company, Customer owns all right, title, and interest in and to the Customer Inputs. Customer hereby grants to Company a non-exclusive, royalty-free license, to access, use, and copy the Customer Inputs as necessary to provide the Subscription Services, including without limitation for troubleshooting purposes, and to create the Analytics. Customer also hereby grants Company a non-exclusive, royalty-free to use and copy Customer’s name, applicable trademarks, and other branding within the Subscription Services and Applications solely in connection with Company’s provision of the Subscription Services to Customer’s Authorized Users. 3.3. User Data The Subscription Services may include functionality that allows certain Authorized Users to directly or indirectly upload and/or enter certain content, including without limitation data, text, writing, videos, images, photos, audio clips, graphics information, software, code, and any other 


         types of content (collectively, “User Data”). As between Customer and Company, Customer owns all right, title, and interest in and to the User Data. Customer hereby grants to Company a non-exclusive, royalty-free license, to access, use, and copy User Data as necessary to provide the Subscription Services, including without limitation for troubleshooting purposes, and to create the Analytics. 3.4. Customer Responsibility for Customer Inputs and User Data As between Company and Customer, Customer is solely responsible for the accuracy and quality of the Customer Inputs and User Data. Customer represents, warrants, and covenants that it has, and will have as required under this Agreement, the legal right, title, interest and authority to provide Company with access to, use of, and license to the Customer Inputs and User Data and such access, use and license will not cause a breach of any third-party agreement, violate any right of a third party, or any applicable law. Without limiting the generality of the foregoing, Customer represents, warrants and covenants that at all times during the Term, it will have provided all notices, and obtained all consents, reasonably necessary for Company to access and use the Customer Inputs and User Data to provide the Subscription Services, and that the Customer Inputs and User Data: a) are provided to Company in accordance with all applicable laws, do not otherwise violate any applicable law, and could not give rise to any civil liability; b) will not and do not infringe any intellectual property rights; c) will not and do not violate the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation; d) will not and do not misrepresent the source of the Customer Inputs or User Data; e) will not and do not misrepresent Customer’s identity in any way; f) will not and do not contain any viruses, Trojan horses, spyware, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; g) will not violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability. 


         3.5. Monitoring Company has no obligation to monitor any Customer Inputs or User Data. Company does, however, reserve the right to monitor Customer Inputs and User Data and further reserves the rights to remove or refuse to accept, store, post, or display any Customer Input or User Data; to disclose Customer’s name, contact information, and other information to any third party who claims that any Customer Input or User Data violate any rights of a third party; and to terminate or suspend Customer’s or any Authorized User’s access to all or part of the Subscription Services. 3.6. Security of Customer Inputs and User Data Company will implement and maintain physical, technical, and administrative safeguards that are reasonably designed to protect the security, confidentiality, and integrity of the Customer Inputs and User Data. 3.7. Privacy Policy To the extent the Customer Inputs or User Data include any Personal Information, Company and Customer will comply with their respective obligations set forth in the data processing addendum attached as Attachment 1 (the “Data Processing Addendum”). As used herein, “Personal Information” shall have the meaning given to such term in the Data Processing Addendum. 4. FEES AND PAYMENT 4.1. Fees In consideration for the rights granted hereunder, Customer will pay to Company the fees (the “Fees”) as set forth in each applicable SaaS Order Form, and unless otherwise waived by Company, third party vendor expenses and travel expenses that may be incurred during the delivery of the Subscription Services will be charged separately at actual incurred cost subject to Customer's approval. Unless otherwise specified in each applicable SaaS Order Form, all invoices issued by Company will be due and payable net thirty (30) days after Customer’s receipt. All Fees are nonrefundable, except as expressly otherwise set forth herein, and will be paid in U.S. dollars and exclude all applicable sales, use, and other taxes. 


         4.2. Taxes Unless otherwise stated, the Fees do not include any applicable sales, use, or similar taxes, assessable by any local, state, provincial, federal or foreign jurisdiction, but excluding taxes on Company’s income or assets (collectively, “Taxes”). Customer is responsible, and Company shall have no liability, for paying all Taxes applicable to Customer’s purchases hereunder. If Company elects to pay or collect any such Taxes, the appropriate amount of such Taxes shall be invoiced to and paid by Customer unless Customer provides Company with a valid tax exemption certificate authorized by the appropriate taxing authority. Customer will make all payments to Company free and clear of, and without reduction for, any Taxes. 5. CONFIDENTIALITY 5.1. Confidential Information “Confidential Information” means all information and materials disclosed by or on behalf of a Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), whether orally or in writing, that are designated as confidential, either marked in writing where possible, or identified as such and confirmed in writing, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information of each Party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such Party. For the avoidance of doubt, the Subscription Services, the Platform Content, the Analytics, and the Fees constitute Confidential Information of Company, and the Customer Inputs and User Data constitute Confidential Information of Customer. For purposes of this Section 5, disclosure of Confidential Information by or to any Authorized Users shall be deemed disclosure of Confidential Information by or to Customer, as applicable. 5.2. Protection of Confidential Information The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the service providers of the Receiving Party (or if the Receiving Party is Customer, only to the service providers or Authorized Users of Customer) who have a need to know such Confidential Information in connection with this Agreement or the use or operation of the Subscription Services and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. Both Parties acknowledge and agree that the Disclosing Party may be irreparably harmed by any violation of this Section 5 and that the use of the Confidential Information for any purpose other than that stated herein may, among other things, 


         enable the Receiving Party or other third parties receiving such Confidential Information to compete unfairly with the Disclosing Party. Therefore, in the event of a breach or threatened breach, the Disclosing Party shall be entitled, in addition to all other rights and remedies available at law or in equity, to seek (a) an injunction restraining such breach; or (b) a decree for specific performance of the applicable provision of this Agreement. Notwithstanding the termination or expiration of this Agreement, the obligations of the Receiving Party, with respect to the Confidential Information of Disclosing Party, shall be in full force and effect as follows: (i) in the case of any information or materials that constitute a trade secret within the meaning of applicable law, for as long as such information and materials remain as a trade secret, or (ii) in the case of any other information or materials, during the Term and for five (5) years following the termination or expiration of the Term. Customer shall ensure that all Authorized Users adhere to the provisions of this Section 5 and maintain the confidentiality of Company’s Confidential Information. Customer shall be liable for any breach of this Section 5 by an Authorized User. 5.3. Exceptions The Receiving Party’s obligations under this Section 5 will not apply to any portion of the Disclosing Party’s Confidential Information if such information: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who was not subject to an obligation of confidentiality; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court or similar judicial or administrative body, provided that the Receiving Party, as permitted by applicable law, rules and regulations, notifies the Disclosing Party of such required disclosure in writing promptly, and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. 6. DISCLAIMER OF WARRANTIES 6.1. Disclaimer of Warranties COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION REGARDING THE SUBSCRIPTION SERVICES, OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES 


         OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS AS WELL AS ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Company shall not be responsible for ensuring and does not represent or warrant that: (i) the Subscription Services will meet Customer's business requirements; (ii) the Subscription Services will be error-free or uninterrupted or that the results obtained from its use will be accurate or reliable; or (iii) all deficiencies in the Subscription Services can be found or corrected. Company will not be responsible for loss or corruption of data, in each case caused by acts within the control of Customer or any Authorized User or otherwise outside of the control of Company. 7. INDEMNIFICATION 7.1. Customer shall defend, indemnify and hold Company and its affiliates and their respective employees, officers, directors, and independent contractors (each a “Company Indemnitee”) harmless from and against all liabilities, losses and damages incurred in connection with claims, suits, or proceedings (each, a “Claim”) (i) made or brought against each such Company Indemnitee by a third party alleging that the Customer Inputs or User Data infringe the intellectual property rights of, or have otherwise damaged, a third party; (ii) Customer’s or any Authorized User’s access to or use of the Subscription Services; or (iii) based on any failure or alleged failure of the Customer or an Authorized User to comply with this Agreement or any applicable law, rule or regulation in connection with its use of the Subscription Services. 7.2. The foregoing indemnification obligations are conditioned on the indemnified party: (a) notifying the Customer promptly in writing of such Claim, (b) reasonably cooperating and assisting in such defense at the Customer’s expense, and (c) giving sole control of the defense and any related settlement negotiations to Customer with the understanding that Customer may not settle any Claim in a manner that admits guilt on the part of the indemnified party, requires any non-indemnified payment by the indemnified party, or otherwise materially prejudices the indemnified party, without the indemnified party’s prior written consent. 8. LIMITATION OF LIABILITY 8.1. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS 


         AGREEMENT OR PROVIDING THE SUBSCRIPTION SERVICES, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER AS FEES FOR THE SUBSCRIPTION SERVICES UNDER THE APPLICABLE SAAS ORDER FORM UNDER WHICH THE CLAIM AROSE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT AND SHALL APPLY EVEN IF THE NON- BREACHING PARTY’S REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. 8.2. Exclusion of Consequential and Related Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES. The foregoing limitations shall not apply to a Party’s liability arising from confidentiality obligations in Section 5 or the indemnification obligations in Section 7. 9. TERMINATION 9.1. Term This Agreement becomes effective between the Company and Customer upon the date of the last signature to each applicable SaaS Order Form (the “Effective Date”). Unless otherwise set forth in an applicable SaaS Order Form, the term of this Agreement will be for 5 ¾ years commencing on the Effective Date and as indicated in the applicable SaaS Order Form. 9.2. Early Termination This Agreement may be terminated: 


         a) by Company if Customer fails to timely make any payment due hereunder and fails to cure such default within ten (10) business days after receiving notice in writing from Company of such failure; b) by either Party (the “Non-breaching Party”) upon written notice containing an explanation of an alleged material breach to the other Party (the “Breaching Party”), if the Breaching Party materially breaches this Agreement and does not cure the material breach within thirty (30) days after receiving written notice thereof from the Non-breaching Party; c) by either Party for convenience upon thirty (30) days’ prior written notice. 9.3. Termination Upon Bankruptcy or Insolvency Either Party may, at its option, terminate this Agreement immediately upon written notice to the other, in the event (a) that the other Party becomes insolvent or unable to pay its debts when due; (b) the other Party files a petition in bankruptcy, reorganization or similar proceeding, or, if filed against such other Party, such petition is not removed within ninety (90) days after such filing; (c) the other Party discontinues its business; or (d) a receiver is appointed or there is an assignment for the benefit of the other Party’s creditors. 9.4. Destruction of Customer Inputs and User Data Company may destroy any Customer Inputs and User Data in its possession or control at any time after termination or expiration of this Agreement. Customer further agrees that Company shall not be liable to Customer nor to any third party for any such destruction. 9.5. Effect of Termination; Survival Customer’s and each Authorized User’s right to access and use the Subscription Services shall terminate immediately upon the expiration or termination of this Agreement. Termination of this Agreement will not relieve Customer of the obligation to pay any Fees accrued or payable to Company prior to the effective date of termination. Sections 1.6 (Ownership), 1.7 (Analytics), 5 (Confidentiality), 6 (Disclaimer of Warranties), 7 (Indemnification), 8 (Limitation of Liability), 9 (Termination), and 10 (General) shall survive any termination or expiration of this Agreement. 


         10. GENERAL 10.1. Marketing Company may issue a press release after the Effective Date regarding Customer’s use of the Subscription Services. Customer consents to Company publicly referring to Customer as a customer of Company, including on Company’s website and in sales presentations, and Company’s use of Customer’s logo for such purposes. 10.2. Severability If any provision or portion of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions and portions of this Agreement will remain enforceable and the invalid or unenforceable provision or portion will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 10.3. Waiver; Remedies Any waiver or failure to enforce this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a Party at law or in equity. 10.4. Notices All notices under this Agreement shall be in writing and given to the other Party at the notice address set forth in each applicable SaaS Order Form. All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service (e.g., FedEx, etc.), (iii) by first class, registered or certified mail, postage prepaid, return receipt requested (iv) by facsimile provided that there is confirmation of receipt, or (v) by electronic mail, provided that there is confirmation of receipt. All notices shall be effective upon receipt by the Party to which notice is given. Each Party may change its address for receipt of notice by giving notice of such change to the other Party. 10.5. Entire Agreement To the maximum extent permitted by applicable law, this Agreement constitutes the entire agreement between the Parties as to its subject matter, and supersedes all previous and contemporaneous agreements, proposals and representations, written or oral, concerning the subject matter of this Agreement. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the Parties 


         prior to the effectiveness of this Agreement except as expressly stated in this Agreement. Customer acknowledges and agrees that its agreement hereunder is not contingent upon the delivery of any future functionality or features not specified this Agreement or dependent upon any oral or written, public or private comments made by Company with respect to future functionality or features for the Subscription Services. In the event of any conflict between the provisions in these Terms and each applicable SaaS Order Form, these Terms shall prevail unless the applicable SaaS Order Form expressly states that it is intended to amend or modify these Terms. 10.6. No Assignment Customer may not assign, subcontract, delegate, or otherwise transfer this Agreement, or Customer’s rights and obligations herein, without obtaining the prior written consent of Company, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. This Agreement will be binding upon the Parties and their respective successors and permitted assigns. 10.7. Force Majeure Any delay in the performance of any duties or obligations of either Party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, epidemic, pandemic, or any other event beyond the control of such Party (any of which, a “Force Majeure”), provided that such Party uses reasonable efforts, under the circumstances, to notify the other Party of the cause of such delay and to resume performance as soon as possible. 10.8. Independent Contractors Company's relationship to Customer is that of an independent contractor, and neither Party is an agent or partner of the other. Neither Party will have, and will not represent to any third party that it has, any authority to act on behalf of the other. 10.9. No Third-Party Beneficiaries Except as provided in this Agreement, this Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns, and nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 


         10.10. Counterparts; Electronic Signatures This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which will be taken together and deemed to be one instrument. A manually or electronically signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of the Agreement. 10.11. Construction The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) "or" has the inclusive meaning frequently identified with the phrase "and/or," (iii) "including" has the inclusive meaning frequently identified with the phrase "including but not limited to" or "including without limitation," and (iv) references to "hereunder," "herein" or "hereof" relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The Parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either Party and that ambiguities shall not be interpreted against the drafting Party. Legal Dept\Agreement\Stationwise Purchase Agr-Scheduling Software-Terms and Conditions-Redlined-3-25-26.docx  Resolution No. 26-64 Section No.: 24-00209-00-CH Job No.: C-91-103-25 Project No.: U44X(287) RESOLUTION AUTHORIZING EXECUTION OF A JOINT FUNDING AGREEMENT FOR FEDERALLY FUNDED CONSTRUCTION WITH THE STATE OF ILLINOIS, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE HIGHLAND AVENUE AND LYLE AVENUE INTERSECTION PROJECT WHEREAS, the City of Elgin is proposing to reconstruct and improve the intersection of Highland Avenue and Lyle Avenue to a single-lane roundabout and as such desires to establish cost sharing levels and responsibilities for construction of the project; and WHEREAS, the above stated improvement will necessitate the use of funding provided through the Illinois Department of Transportation (IDOT); and signee WHEREAS, the use of these funds requires a joint funding agreement (AGREEMENT) with IDOT; and WHEREAS, the improvement requires matching funds; and NOW, THEREFORE, be it resolved by the council: Section 1. The council hereby appropriates $279,068 or as much as may be needed to match the required funding to complete the proposed improvement from general funds and furthermore agree to pass a supplemental resolution if necessary to appropriate additional funds for completion of the project. Section 2. The City Manager is hereby authorized to execute an AGREEMENT with IDOT for the above-mentioned project. Section 3. This resolution will become Attachment 3 of the AGREEMENT. Section 4. The City Clerk of City of Elgin is directed to transmit 3 (three) copies of the AGREEMENT and Resolution to IDOT District 1 Bureau of Local Roads and Streets. I, Kimberly Dewis Clerk in and for City of Elgin, Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify that forgoing to be a true, perfect and complete copy of the resolution approved by the city council at its meeting on 8th day of April, 2026. IN TESTIMONY WHEREOF; I have unto set my hand and seal, at my office, this 8th day of April, 2026. ______________________________ (seal) City Clerk  David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk 2  Joint Funding Agreement for Federally Funded Construction LOCAL PUBLIC AGENCY Local Public Agency County Section Number City of Elgin Kane 24-00209-00-CH Fund Type ITEP, SRTS, HSIP Number(s) MPO Name MPO TIP Number STU N/A CMAP 09-22-0022 Construction State Job Number Project Number C-91-103-25 U44X(287) Local Let/Day Labor Construction on State Letting Construction Engineering Utilities Railroad Work LOCATION Stationing Local Street/Road Name Key Route Length From To Highland Avenue FAU 1308 0.01 MI 01.05 01.06 Location Termini At Lyle Avenue Current Jurisdiction Existing Structure Number(s) LPA N/A Remove PROJECT DESCRIPTION Converting an all-way stop to a mini roundabout and sidewalk connection to the existing sidewalk on the south side of Highland, east of Lyle. Page 1 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the "LPA" and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as the "STATE". The STATE and LPA jointly proposes to improve the designated location as described in the Location and Project Description sections of this agreement. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal Highway Administration, hereby referred to as "FHWA". I. GENERAL 1.1 Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. The STATE may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the LPA by the STATE or the federal funding source, (ii) the Governor or STATE reserves funds, or (iii) the Governor or STATE determines that funds will not or may not be available for payment. The STATE shall provide notice, in writing, to LPA of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated. 1.2 Domestic Steel Requirement. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Build America-Buy America provisions. 1.3 Federal Authorization. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this agreement. 1.4 Severability. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 1.5 Termination. This Agreement may be terminated, in whole or in part, by either Party for any or no reason upon thirty (30) calendar days' prior written notice to the other Party. If terminated by the STATE, the STATE must include the reasons for such termination, the effective date, and, in the case of a partial termination, the portion to be terminated. If the STATE determines in the case of a partial termination that the reduced or modified portion of the funding award will not accomplish the purposes for which the funding award was made, the STATE may terminate the Agreement in its entirety. This Agreement may be terminated, in whole or in part, by the STATE without advance notice: a. Pursuant to a funding failure as provided under Article 1.1. b. If LPA fails to comply with the terms and conditions of this funding award, application or proposal, including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any award. II. REQUIRED CERTIFICATIONS By execution of this Agreement and the LPA's obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules and any and all license requirements or professional certification provisions. 2.1 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). The LPA certifies that it shall adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements, which are published in Title 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference. 2.2 Compliance with Registration Requirements. LPA certifies that it: (i) is registered with the federal SAM system; (ii) is in good standing with the Illinois Secretary of State, if applicable; (iii) have a valid DUNS Number; (iv) have a valid UEI, if applicable. It is LPA's responsibility to remain current with these registrations and requirements. 2.3 Bribery. The LPA certifies to the best of it's knowledge that it's officials have not been convicted of bribery or attempting to bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30 ILCS 500/50-5). 2.4 Bid Rigging. LPA certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4, respectively). 2.5 Debt to State. LPA certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because the LPA, or its affiliate(s), is/are delinquent in the payment of any debt to the STATE, unless the LPA, or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt, and STATE acknowledges the LPA may declare the Agreement void if the certification is false (30 ILCS 500/50-11). 2.6 Debarment. The LPA certifies to the best of its knowledge and belief that it's officials: a. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or Page 2 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; c. are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State, Local) with commission of any of the offenses enumerated in item (b) of this certification; and d. have not within a three-year period preceding the agreement had one or more public transactions (Federal, State, Local) terminated for cause or default. 2.7 Construction of Fixed Works. The LPA certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. In the construction of the Program, the LPA shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall be paid to all laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. 2.8 Criminal Convictions. The LPA certifies that neither it nor any managerial agent of LPA has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953, or that at least five (5) years have passed since the date of the conviction. The LPA further certifies that it is not barred from receiving an funding award under 30 ILCS 500/50-10.5 and acknowledges that STATE shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 2.9 Improper Influence. The LPA certifies that no funds have been paid or will be paid by or on behalf of the LPA to any person for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment or modification of any agreement, grant, loan or cooperative agreement. 31 USC 1352. Additionally, the LPA certifies that it has filed the required certification under the Byrd Anti-Lobbying Amendment (31 USC 1352), if applicable. 2.10 Telecom Prohibition. The LPA certifies that it will comply with Section 889 of the FY 2019 National Defense Authorization Act (NDAA) that prohibits the use of telecommunications or video surveillance equipment or services produced or provided by the following companies: Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Huawei Technologies Company, Hytera Communications Corporation, and ZTE Corporation. Covered equipment and services cannot be used as substantial or essential component or any system, or as critical technology as part of any system. 2.11 Personal Conflict of Interest - (50 ILCS 105/3, 65 ILCS 5/3.1-55-10, 65 ILCS 5/4-8-6) The LPA certifies that it shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, officer, board member or agent of the LPA may participate in the selection, award, or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: a. the employee, officer, board member, or agent; b. any member of his or her immediate family; c. his or her partner; or d. an organization which employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year. The code shall also provide that LPA's employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The STATE may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the LPA relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the LPA from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 2.12 Organizational Conflict of Interest - The LPA certifies that it will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or LPA or impair the objectivity in performing the contract work. 2.13 Accounting System. The LPA certifies that it has an accounting system that provides accurate, current, and complete disclosure of all financial transactions related to each state and federally funded program. Accounting records must contain information Page 3 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) pertaining to state and federal pass-through awards, authorizations, obligations, unobligated balances, assets, outlays, and income. To comply with 2 CFR 200.305(b)(7)(i), the LPA shall use reasonable efforts to ensure that funding streams are delineated within LPA's accounting system. See 2 CFR 200.302. III. AUDIT AND RECORD RETENTION 3.1 Single Audits: The LPA shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200. If, during its fiscal year, LPA expends $750,000 or more in Federal Awards (direct federal and federal pass-through awards combined), LPA must have a single audit or program-specific audit conducted for that year as required by 2 CFR 200.501 and other applicable sections of Subpart F of 2 CFR Part 200. A copy of the audit report must be submitted to the STATE (IDOT's Financial Review & Investigations Section, Room 126, 2300 South Dirksen Parkway, Springfield, Illinois, 62764) within 30 days after the completion of the audit, but no later than one year after the end of the LPA's fiscal year. Assistance Listing number (formally known as the Catalog of Federal Domestic Assistance (CFDA) number) for all highway planning and construction activities is 20.205. Federal funds utilized for construction activities on projects let and awarded by the STATE (federal amounts shown as “Participating Construction” on Schedule 2) are not included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes. 3.2 STATE Audits: The STATE may, at its sole discretion and at its own expense, perform a final audit of the Project (30 ILCS 5, the Illinois State Auding Act). Such audit may be used for settlement of the Project expenses and for Project closeout purposes. The LPA agrees to implement any audit findings contained in the STATE's authorized inspection or review, final audit, the STATE's independent audit, or as a result of any duly authorized inspection or review. 3.3 Record Retention. The LPA shall maintain for three (3) years from the date of final project closeout by the STATE, adequate books, records, and supporting documents to verify the amounts, recipient, and uses of all disbursements of funds passing in conjunction with this contract. adequate to comply with 2 CFR 200.334. If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken. 3.4 Accessibility of Records. The LPA shall permit, and shall require its contractors and auditors to permit, the STATE, and any authorized agent of the STATE, to inspect all work, materials, payrolls, audit working papers, and other data and records pertaining to the Project; and to audit the books, records, and accounts of the LPA with regard to the Project. The LPA in compliance with 2 CFR 200.337 shall make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized STATE representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, the STATE's Inspector General, federal authorities, any person identified in 2 CFR 200.337, and any other person as may be authorized by the STATE (including auditors), by the state of Illinois or by federal statute. The LPA shall cooperate fully in any such audit or inquiry. 3.5 Failure to maintain the books and records. Failure to maintain the books, records and supporting documents required by this section shall establish presumption in favor of the STATE for recovery of any funds paid by the STATE under the terms of this contract. IV. LPA FISCAL RESPONSIBILITIES 4.1 To provide all initial funding and payment for construction engineering, utility, and railroad work 4.2 LPA Appropriation Requirement. By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as Schedule 5. 4.3 Reimbursement Requests: For reimbursement requests the LPA will submit supporting documentation with each invoice. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, personnel and direct cost summaries, and other documentation supporting the requested reimbursement amount (Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 4.4 Financial Integrity Review and Evaluation (FIRE) program: LPA's and the STATE must justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. 4.5 Final Invoice: The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of work or from the date of the previous invoice, whichever occurs first. If a final invoice is not received within this time frame, the most recent invoice Page 4 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) may be considered the final invoice and the obligation of the funds closed. Form BLR 05613 (Engineering Payment Record) is required to be submitted with the final invoice for engineering projects. 4.6 Project Closeout: The LPA shall provide the final report to the appropriate STATE district office within twelve (12) months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve (12) months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding. 4.7 Project End Date: The period of performance (end date) for state and federal obligation purposes is five (5) years for projects under $1,000,000 or seven (7) years for projects over $1,000,000 from the execution date of the agreement. Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project end date. Failure to extend the end date may result in the immediate close-out of the project and loss of further funding. V. THE LPA AGREES 5.1 To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, the STATE, and the FHWA if required. 5.2 To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems. 5.3 To provide on-site engineering supervision and inspection during construction of the proposed improvement. 5.4 To retain jurisdiction of the completed improvement unless specified otherwise by schedule (schedule should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, a jurisdictional schedule is required. 5.5 To maintain or cause to be maintained the completed improvement (or that portion within its jurisdiction as established by schedule) in a manner satisfactory to the STATE and the FHWA. 5.6 To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. 5.7 To regulate parking and traffic in accordance with the approved project report. 5.8 To regulate encroachments on public rights-of-way in accordance with current Illinois Compiled Statutes. 5.9 To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with the current Illinois Compiled Statutes. 5.10 For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT - assisted contracts. The LPA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S. C 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). In the absence of a USDOT - approved LPA DBE Program or on STATE awarded contracts, this agreement shall be administered under the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program. 5.12 That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. VI. THE STATE AGREES 6.1 To provide such guidance, assistance, and supervision to monitor and perform audits to the extent necessary to assure validity of the LPA's certification of compliance with Title II and III Requirements. 6.2 To receive bids for construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement after receipt of a satisfactory bid. 6.3 To provide all initial funding and payments to the contractor for construction work let by the STATE. The LPA will be invoiced for their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs shown on Schedule 2. Page 5 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) 6.4 For agreements with federal and/or state funds in local let/day labor construction, construction engineering, utility work and/or railroad work: a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payments by the LPA; b. To provide independent assurance sampling and furnish off-site material inspection and testing at sources normally visited by STATE inspectors for steel, cement, aggregate, structural steel, and other materials customarily tested by the STATE. SCHEDULES Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement. 1. Division of Cost 2. Location Map 3. Risk Assessment 4. Attestations 5. Resolution* *Appropriation and signature authority resolution must be in effect on, or prior to, the execution date of the agreement. Page 6 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) AGREEMENT SIGNATURES EXECUTION The LPA agrees to accept and comply with the applicable provision set forth in this agreement including attached schedules. APPROVED Local Public Agency Name of Official (Print or Type Name) Richard G. Kozal Title of Official City Manager Signature Date April 8, 2026 The above signature certifies the agency's TIN number is 366005862 conducting business as a Governmental Entity. DUNS Number 010224772 UEI NX1VYN6MFXU9 APPROVED State of Illinois Department of Transportation Omer Osman, P.E., Secretary of Transportation Date By: George A. Tapas, P.E., S.E., Engineer of Local Roads & Streets Date Stephen M. Travia, P.E., Director of Highways PI/Chief Engineer Date Michael Prater, Chief Counsel Date Vicki Wilson, Chief Fiscal Officer Date NOTE: A resolution authorizing the local official (or their delegate) to execute this agreement and appropriation of local funds is required and attached as Schedule 5. The resolution must be approved prior to, or concurrently with, the execution of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature authorization resolution. Please check this box to open a fillable Resolution form within this form. Page 7 of 11 BLR 05310C (Rev. 05/09/24)  SCHEDULE NUMBER 1 Local Public Agency County Section Number State Job Number Project Number City of Elgin Kane 24-00209-00-CH C-91-103-25 U44X(287) DIVISION OF COST Federal Funds State Funds Local Public Agency Type of Work Fund Type Amount % Fund Type Amount % Fund Type Amount % Totals Participating Construction STU $968,000.00 * Local $242,000.00 BAL $1,210,000.00 Construction Engineering STU $120,000.00 * Local $37,068.00 BAL $157,068.00 Total $1,088,000.00 Total Total $279,068.00 $1,367,068.00 If funding is not a percentage of the total place an asterisk (*) in the space provided for the percentage and explain below: *Maximum FHWA (STU) participation 80%, NTE $1,088,000 (Construction Engineering portion 80%, NTE $120,000) NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursement. METHOD OF FINANCING - (State-Let Contract Work Only) Check One METHOD A - Lump Sum (80% of LPA Obligation ) Lump Sum Payment - Upon award of the contract for this improvement, the LPA will pay the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA's estimated obligation incurred under this agreement. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. METHOD B - Monthly Payments of due by the of each successive month. Monthly Payments - Upon award of the contract for this improvement, the LPA will pay to the STATE a specified amount each month for an estimated period of months, or until 80% of the LPA's estimated obligation under the provisions of the agreement has been paid. The LPA will pay to the STATE the remainder of the LPA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. METHOD C - LPA's Share Balance divided by estimated total cost multiplied by actual progress payment. Progress Payments - Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA's share of the construction cost divided by the estimated total cost multiplied by the actual payment (appropriately adjust for nonparticipating costs) made to the contractor until the entire obligation incurred under this agreement has been paid. Page 8 of 11 BLR 05310C (Rev. 05/09/24)  Project Location 0 1 inch = 2,000 feet 500 1,000 2,000 Topographic Map: USGS Topographic 2024, 24K USGS Quadrangle: Elgin Figure 1 Feet Project Area Highland Avenue and Lyle m 72 68 62 Avenue Intersection 20 90 25 58 Improvement 47 20 59 Location Map Scale: 1:24,000 N 0 2.5 5 Miles Hampton, Lenzini and Renwick, Inc. Civil & Structural Engineers • Land Surveyors • Environmental Specialists ELGIN • CRYSTAL LAKE• SPRINGFIELD • MT. CARMEL Illinois State Geological Survey, USGS (TopoView), US Census, IDOT www.hlrengineering.com  SCHEDULE NUMBER 3 Local Public Agency Section Number County State Job Number Project Number City of Elgin 24-00209-00-CH Kane LRS Federal Funds RISK ASSESSMENT Risk Factor Description Definition of Scale (time frames are based on LPA fiscal year) Points Have there been any changes in key organizational staff or 0 points - no significant changes in the last 4 or more years; 1 point - minor changes, leadership, such as Fiscal and Administrative Management, but majority of key staff and officials have not changed in the last 4 years; 2 points - 0 Transportation Related Program/Project Management, and/ significant key staff or elected leadership changes within the last 3 years; 3 points - or Elected Officials? significant key staff and elected leadership changes within the last 3 years What is the LPA's history with federal-aid funded 0 points - One or more federal-aid funded transportation projects initiated per year; 1 General History of transportation projects? point - At least one project initiated within the past three years; 2 points - AT least one 0 Performance project initiated within the past 5 years; 3 points - None or more than 5 years Does LPA have qualified technical staff with experience 0 points - Full-time employee with experience designated as being in "responsible managing federal-aid funded transportations through IDOT? charge"; 1 point - LPA has qualified technical staff, but will be utilizing an engineering consultant to manage day-to-day with LPA technical staff oversight; 2 points - LPA has 0 no technical staff and all technical work will be completed by consultant, but LPA staff has prior experience with federal-aid projects; 3 points - LPA staff have no prior experience or technical expertise and relying solely on consultant Has the LPA been untimely in submitting invoicing, reporting 0 points - No; 1 point - Delays of 6 or more months; 2 points - Delays of up to 1 year; on federal-aid projects as required in 2 CFR 200, and or 3 points - 1 year or more years of delay 0 audits as required? Are the annual financial statements prepared in accordance 0 points - yes; 3 points - no with Generally Accepted Accounting Principles or on a basis 0 acceptable by the regulatory agency? What is the LPA's accounting system? 0 points - Automated accounting software; 1 point - Spreadsheets; 2 points - paper Financial Controls 0 only; 3 points - none Does the organization have written policies and procedures 0 points - yes; 3 points - no regarding proper segregation of duties for fiscal activities that include but are not limited to: a) authorization of 0 transactions; b) recordkeeping for receipts and payments; and c) cash management? When was the last time a financial statement audit was 0 points - in the past year; 1 point - in the past two years; 2 points - in the past three 0 conducted? years; 3 points - 4 years or more, or never What type of financial statement audit has the organization 0 points - Single Audit/Program Specific Audit in accordance with 2 CFR 200.501 or had conducted? Financial audit conducted in accordance with Generally Accepted Auditing Standards or Audits 0 Generally Accepted Government Auditing Standards; 1 point - Financial review?; 2 points Other type? or no audit required; 3 points - none Did the most recent audit disclose findings considered to be 0 points - no; 3 points - yes, or no audits required 0 significant deficiencies or material weaknesses? Have the findings been resolved? 0 points - yes or no findings; 1 point - in progress; 3 points - no 0 Summary of Risk District Review Signature & Date Central Office Review Signature & Date General History of Performance 0 Digitally signed by Fely Gregorio Digitally signed by Teresa Cline Financial Controls 0 Fely Gregorio Date: 2026.01.13 10:03:02 -06'00' Teresa Cline Date: 2026.01.30 10:45:09 -06'00' Audits 0 Total 0 Additional Requirements? Yes No Page 9 of 11 BLR 05310C (Rev. 05/09/24) Local Public Agency Section Number State Job Number Project Number City of Elgin 24-00209-00-CH C9110325 U44X(287) SCHEDULE NUMBER 4 Attestation on Single Audit Compliance 1. In the prior fiscal year, did City of Elgin expend more than $750,000 in federal funds in aggregate from all LPA federal sources? Yes No 2. Does the City of Elgin anticipate expending more than $750,000 in federal funds in aggregate from all LPA federal sources in the current City of Elgin fiscal year? LPA Yes No If answers to question 1 and 2 are no, please proceed to the signature section. If answer to question 1 is yes, please answer question 3a. If answer to question 2 is yes, please answer question 3b. 3. A single audit must be conducted in accordance with Subpart F of 2 CFR 200 if $750,000 or more in federal funds are expended in a single fiscal year. a. Has the City of Elgin performed a single audit for their previous fiscal year? LPA Yes No i. If yes, has the audit be filed with the Illinois Office of the Comptroller in accordance with 50 ILCS 310 (see also 55 ILCS 5 & 65 ILCS 5 & 60 ILCS 1/80)? Yes No b. For the current fiscal year, does the City of Elgin intend to comply with Subpart F of 2 CFR 200? LPA Yes No By completing this attestation, I certify that I have authority to sign this attestation on behalf of the LPA; and that the foregoing information is correct and complete to the best of my knowledge and belief. Name Title LPA Mike Pubentz, PE Public Services Director City of Elgin Signature & Date 01/08/26 Page 10 of 10 BLR 05310C (Rev. 05/09/24)  Resolution No. 26-65 RESOLUTION AUTHORIZING EXECUTION OF A LOCAL PUBLIC AGENCY ENGINEERING SERVICES AGREEMENT WITH HAMPTON, LENZINI AND RENWICK, INC. FOR CONSTRUCTION ENGINEERING SERVICES IN CONNECTION WITH THE HIGHLAND AVENUE AND LYLE AVENUE INTERSECTION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Local Public Agency Engineering Services Agreement on behalf of the City of Elgin with Hampton, Lenzini and Renwick, Inc., for construction engineering services in connection with the Highland Avenue and Lyle Avenue intersection project, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk AGENDA ITEM: Other Business 4 MEETING DATE: April 8, 2026 ITEM: Authorization for Payment – United Door and Dock ($42,351) OBJECTIVE: Provide equipment and labor necessary for the replacement of the roll up door at the Bowes Road Salt Barn. RECOMMENDATION: Authorize payment for the replacement of the rollup door at the Bowes Road Salt Barn to United Door and Dock. The building maintenance department is seeking authorization for payment to United Door and Dock for the parts and services provided to replace the roll up door at the Bowes Road salt barn. BACKGROUND On January 16, 2026, the large overhead roll-up door at the city’s Bowes Road salt barn sustained damage that required repair. Staff evaluated the condition of the door and obtained vendor quotes to determine the most appropriate course of action. Two options were considered: re- pairing the damaged door or replacing it entirely. During the evaluation, staff noted that the existing door is approximately 18 years old and oper- ates in particularly harsh conditions due to its location within the salt storage facility. The envi- ronment inside the salt barn exposes equipment to high levels of corrosive salt and moisture, which accelerates wear and deterioration of mechanical components. In addition, inspection of the door system identified mouse damage to the motor drive unit, which contributed to the op- erational failure of the door. Quotes were obtained for both repair and full replacement of the door. While the replacement option is approximately $10,000 more than the repair quote, staff determined that replacement represents the more prudent long-term investment. Given the age of the existing door, the cor- rosive operating environment, and the additional damage to the motor drive unit, completing repairs alone would likely provide only a short-term solution and could result in additional maintenance costs or future failures. Maintaining a properly functioning door is also important for securing the building, as the facility houses the loader equipment used for salt handling and winter operations. Ensuring the building can be fully secured helps protect city equipment and maintain operational readiness. Based on these considerations, staff recommended replacement of the overhead roll-up door at the Bowes Road Salt Barn to ensure reliable operation and to reduce the likelihood of recurring repairs while maintaining proper security for the facility and the equipment stored within. OPERATIONAL ANALYSIS The damage to the overhead roll-up door significantly impacted operations at the Bowes Road Salt Barn. When the door was in its inoperable state, staff were unable to access the salt supply stored within the building, which is critical for winter snow and ice control operations on the west side of the city. To maintain the ability to respond to snow events, Public Works leadership directed that the damaged door be removed to allow staff access to the salt stockpile during storm operations. While this action restored operational access, it left the building unsecured for a period of time. The lack of a functioning door created a security concern, as the facility houses a front-end loader used to move and load salt during winter operations. With the building open, unauthorized entry into the facility became possible, and the equipment stored inside could potentially be accessed or used by individuals without authorization. Given the ongoing winter storm season and the operational need for reliable access to the salt supply, expedited replacement of the overhead door was necessary to restore both operational functionality and building security. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The replacement of the roll up door ensures that the structure and the equipment stored within are secure. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.93-36 M00278 $42,351 $42,351 2 LEGAL IMPACT Approval of this item would require an exception to the procurement ordinance, which requires approval by two-thirds of the council. ALTERNATIVES None. NEXT STEPS Authorize payment to United Door and Dock in the amount of $42,351.00 Originators: Glen Dettman, Superintendent, Building Maintenance Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Invoice #16088 from United Door and Dock for the replacement of the roll up door. B. Quote #19973 from United Door and Dock for the replacement of the roll up door. C. Quote #19972 (alternate) from United Door and Dock for the repair of the roll up door. 3  380 Windy Point Drive | Glendale Heights, Illinois 60139 (312) 549-8897 | info@unitedil.com | www.unitedil.com RECIPIENT: Invoice #16088 City of Elgin Issued 03/13/2026 2761 Bowes Road Due 04/12/2026 Elgin, Illinois 60124 Account Marshall Scott Phone: (847) 931-5652 Manager Job Title Salt Dome Rolling Steel Door - Completely New Rolling Steel Door and Operator Option #1 Total $42,351.00 Salt Dome Rolling Steel Door - Completely New Rolling Steel Door and Operator Option #1 Product/Service Description Qty. Unit Price Total 03/12/2026 City Of Elgin Standard Labor NTE to replace existing rolling steel door with 24 $160.00 $3,840.00* Labor Rate $160.00 per hr. new. Material - New RSD w/ 1 $36,797.00 $36,797.00 Motor - Exterior mounted - Non insulated rolling steel door - Black powder coated guides and head plate - Gray Powder coated curtain and hood - Standard cycles - Hood baffle - Single guide weathering - Bottom bar astragal Motor: - 1-1/2HP - Gearhead hoist - Photo eyes - NEMA4 control station - City Of Elgin - Equipment Carne Truck 1 $1,714.00 $1,714.00 Scissor Lift Page 1 of 3  380 Windy Point Drive | Glendale Heights, Illinois 60139 (312) 549-8897 | info@unitedil.com | www.unitedil.com Product/Service Description Qty. Unit Price Total UDD Labor - Notes 3.12.26 24 $0.00 $0.00 Who: Luke K. Ryan B. and Carl Z. Job Status: Job Complete Work Location: Salt dome Work Completed Today: Arrived on site and checked in with the customer prior to beginning work. Unloaded the new roll-up door assembly from the service trailer and staged materials in the work area. Removed the existing door assembly and associated components. The removed door was loaded onto the trailer for off-site disposal by Caleb. Obtained 6-inch lag fasteners and installed the vertical door guides, securing them to the wood structure. Guides were aligned, shimmed where necessary, and verified to be plumb and properly spaced to ensure correct curtain travel. Installed the door barrel assembly and verified it was level and properly seated in the guide brackets. Installed the door operator and completed all required electrical connections in accordance with manufacturer specifications. Wiring connections were secured and checked for proper operation. Installed the door curtain and secured it to the barrel. Applied the required spring tension and carefully lowered the curtain to verify proper engagement within the guides. Set and adjusted the open and close travel limits on the operator to ensure proper door operation. Installed the protective hood covers over the barrel assembly. All packaging materials, removed parts, and job- related debris were collected and removed from the work area. Additional assistance was provided by Jesus in clearing remaining trash and maintaining a clean worksite. Performed multiple operational tests of the door system. Door cycled properly with smooth travel, correct limit settings, and normal operator function. Installation completed and system is operating normally at this time. Who did you Talk to: Marshall Page 2 of 3  380 Windy Point Drive | Glendale Heights, Illinois 60139 (312) 549-8897 | info@unitedil.com | www.unitedil.com Total $42,351.00 * Non-taxable No tax Freight, labor and equipment included Certified DBE and MBE Thank you for your business. Please contact us with any questions regarding this invoice. We accept credit cards, please note that there is a 3.5% convenience fee. Page 3 of 3  380 Windy Point Drive | Glendale Heights, Illinois 60139 (312) 549-8897 | info@unitedil.com | www.unitedil.com RECIPIENT: Quote #19973 City of Elgin Sent on 02/02/2026 2761 Bowes Road Account Marshall Scott Elgin, Illinois 60124 Manager Phone: (847) 931-5652 Job Title Salt Dome Rolling Steel Door - Completely New Rolling Steel Door and Operator Option #1 Total $44,704.50 Product/Service Description Qty. Unit Price Total City Of Elgin Standard Labor NTE to replace existing rolling steel door with 32 $160.00 $5,120.00* Labor Rate $160.00 per hr. new. Material - New RSD w/ 1 $36,797.00 $36,797.00 Motor - Exterior mounted - Non insulated rolling steel door - Black powder coated guides and head plate - Gray Powder coated curtain and hood - Standard cycles - Hood baffle - Single guide weathering - Bottom bar astragal Motor: - 1-1/2HP - Gearhead hoist - Photo eyes - NEMA4 control station - City Of Elgin - Equipment Lull lift 1 $2,787.50 $2,787.50 Boom lift Scissor lift Cradle * Non-taxable Total $44,704.50 This quote is valid for the next 30 days, after which values may be subject to change. We accept credit cards, please note that there is a 3.5% convenience fee. 1 of 2 pages  380 Windy Point Drive | Glendale Heights, Illinois 60139 (312) 549-8897 | info@unitedil.com | www.unitedil.com Signature: _____________________ Date: _____________ 2 of 2 pages  380 Windy Point Drive | Glendale Heights, Illinois 60139 (312) 549-8897 | info@unitedil.com | www.unitedil.com RECIPIENT: Quote #19972 City of Elgin Sent on 01/27/2026 2761 Bowes Road Account Marshall Scott Elgin, Illinois 60124 Manager Phone: (847) 931-5652 Job Title Salt Dome Rolling Steel Door Repairs - Barrel and Operator Option #2 Total $31,333.00 Product/Service Description Qty. Unit Price Total City Of Elgin Standard *Labor Rate for City Of Elgin 32 $160.00 $5,120.00* Labor Rate $160.00 per hr. $160.00 per hr. City Of Elgin - Scissor Lift Lull lift 1 $3,000.00 $3,000.00 Boom lift Scissor lift City Of Elgin Material - Remove existing Operator and Barrel 1 $23,213.00 $23,213.00 Barrel and Motor Haul away for proper disposal Furnish and install new barrel and operator as follows: - Standard Barrel with new springs - (8) 3" x 20' long non insulated slats w/ Endlocks - New Gearhead 1-1/2 HP operator w/ Control and safeties Test and adjust for proper operation and safety * Non-taxable Total $31,333.00 This quote is valid for the next 30 days, after which values may be subject to change. We accept credit cards, please note that there is a 3.5% convenience fee. Signature: _____________________ Date: _____________ AGENDA ITEM: Other Business 5 MEETING DATE: April 8, 2026 ITEM: Authorization for Payment – Crossroad Construction, Inc. ($62,492) OBJECTIVE: Provide equipment and labor necessary for the repairs to the pool water filters at the Wing Park Family Aquatic Center. RECOMMENDATION: Authorize payment for the repairs of the pool water filters at the Wing Park Family Aquatic Center to Crossroad Construction, Inc. The building maintenance department is seeking authorization for payment to Crossroad Con- struction, Inc. to make necessary repairs to the pool water filters at Wing Park Family Aquatic Center. For over 20 years, the Wing Park facility has used eight individual filter units to maintain pool water quality at and above required levels. During the 2025 season one of the units showed signs of deterioration that would require post-pool season maintenance. During the repair effort the city’s contractor indicated that brittle filter unit piping, which had reached the end of its ser- vice life, caused the filter operation issues. With concerns over the likely failure of additional units during the 2026 season and an expected 8 to 12-week equipment delivery timeline, staff realized that another filter unit failure could shut down pool operations for most, if not all, of the 2026 season. To ensure meeting the scheduled pool opening date, maintaining safe and pleasant water quality, and providing uninterrupted facility use throughout the 2026 season, staff had to bypass standard bidding requirements and issue an emergency authorization to purchase, deliver and install the necessary equipment. BACKGROUND The Wing Park Family Aquatic Center utilizes sand filtration units to maintain proper water quality and circulation for the facility’s pools. Following recent repairs to one of the filtration units that failed last year, it was determined that similar maintenance and component replacement would be necessary for the remaining filters to ensure reliable operation. Inspection of the filter systems identified deterioration of the internal piping laterals and the filtration media within the filter enclosures. As a result, repairs were completed that included replacement of the filtration sand as well as the internal lateral piping assemblies within the sand filters. The lateral piping components are responsible for distributing water evenly through the filter media and collecting filtered water for return to the pool system. The existing laterals had been in service for more than 20 years and had not previously been replaced since the aquatic center began operations. Over time, the age and wear of these com- ponents diminished their structural integrity. During the previous operating season, the condi- tion of the laterals contributed to filtration issues that resulted in a partial closure of the facility. In preparation for the upcoming season and to prevent further operational disruptions, staff de- termined that replacement of the filtration sand and lateral piping assemblies should be com- pleted on all eight filters. The replacement lateral components are manufactured overseas, re- sulting in extended lead times and making immediate repairs during the prior operating season impractical. These repairs were expedited once the necessary parts became available in order to ensure the filtration system is fully operational prior to spring startup. Completing this work will support reliable filtration performance and help ensure the timely seasonal opening and continued oper- ation of the Wing Park Family Aquatic Center. OPERATIONAL ANALYSIS Proper operation of the sand filtration system is essential to maintaining safe water quality and meeting health standards required for public pool operations at the Wing Park Family Aquatic Center. The deterioration of the filter laterals and filtration media had begun to negatively impact the efficiency of the filtration system, which contributed to operational challenges during the previous season, including a partial facility closure. Because the aquatic center relies on these filtration units to circulate and clean pool water, any failure or reduced performance of the filters can result in water quality issues that may require temporary shutdown of one or more pools. Such closures impact public access to the facility and disrupt scheduled programming and seasonal operations. To prevent similar disruptions during the upcoming season, repairs to all eight filters were prior- itized and completed prior to spring startup. Replacing the filtration sand and internal lateral piping assemblies will improve filtration performance and system reliability. Completion of these repairs ensures the filtration system is functioning as intended, allowing staff to prepare the facility for a timely seasonal opening and maintain continuous operations throughout the summer season. INTERESTED PERSONS CONTACTED None. 2 FINANCIAL ANALYSIS Payment for this repair work ensure no delays in the start-up or closures of the Wing Park Family Aquatic Center. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.93-36 M00279 $62,492 $62,492 LEGAL IMPACT Approval of this item would require an exception to the procurement ordinance, which requires approval by two-thirds of the council. ALTERNATIVES None. NEXT STEPS Authorize payment to Crossroad Construction, Inc. in the amount of $62,492. Originators: Glen Dettman, Superintendent, Building Maintenance Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Invoice #1208 from Crossroad Construction, Inc. in the amount of $62,492.00 3  Invoice Date Invoice # 1044 Republic Drive, Addison, IL 60101 Phone (630) 847-9400 | Fax (630) 627-9601 03/16/26 1208 Bill To City of Elgin 150 Dexter Court Elgin, IL 60120 Project: Elgin Wing Park Repair of Eight Filters P.O. No. Terms Net 30 Qty Description Rate Amount 1 Recondition eight filters at Wing Park Pool. 62,492.00 62,492.00 vvvvvvvgggg Balance Due: $62,492.00 Page | 1 AGENDA ITEM: Other Business 6 MEETING DATE: April 8, 2026 ITEM: Authorization for Payment to IHC Construction Companies, LLC. for Emergency Repair of Lime Residual Disposal Line ($27,041) OBJECTIVE: Provide emergency repair of the city’s 14-inch lime residual disposal line serving the Riverside Treatment Plant RECOMMENDATION: Authorize payment to IHC Construction Companies, LLC. of Elgin, IL for work related to emer- gency repair of the city’s 14-inch lime residual disposal line in the amount of $27,041. On New Year’s Day, 2026 city staff were notified of a possible water main break at the south end of the access road for the Leo Nelson Riverside Treatment Plant, just past Judson Drive. After investigating, it was determined that the 14-inch lime residual disposal line, also referred to as the sludge line, serving the treatment plant was leaking. The sludge line is made up of HDPE (high density polyethylene) pipe with ductile iron fittings and valves. The leak was found to be at con- nection point between the HDPE and ductile. Though the line was still conveying sludge to the lagoons, the leak was causing some of the lime residuals to come to the surface along the side of the access road. Record drawings of the sludge line indicated the depth to be between 13 and 15 feet, just beyond the safe digging capabilities of our excavators. Multiple contractors were called and IHC was asked to make the repair based on previous work they’ve done in the city, their avail- ability, and their ability to work at that depth with HDPE and ductile materials. IHC completed the task, in one day, to acceptable city standards. City staff are recommending authorizing payment to IHC Construction Companies, LLC, in the amount of $27,041. BACKGROUND In late afternoon of Thursday, January 1, 2026, city staff were notified of a possible watermain break at the south end of the Riverside Treatment Plant access road, just south of Judson Drive. Water distribution on-call personnel responded and started investigating. Initial inspection did not indicate a traditional watermain break because what was coming out of the ground was grey in color and flowed much slower than water. The initial responder conferred with other depart- ments and determined that the 14-inch lime residual (sludge) disposal line was leaking. The sludge line, constructed of HDPE pipe with ductile fittings and valves, services Riverside Treatment Plant by conveying lime residuals to the lagoons located just south of the Highlands Golf Course. Other city staff referenced record drawings from the construction of the sludge line to determine depth and material at the suspected location of the leak. The drawings indicated the line was between 13 and 15 feet deep at the leak and that the leak was a point near where the HDPE pipe connects to a ductile fitting. The depth of the repair was just beyond the safe digging capabilities of our excavators, so staff started looking for a contractor to make the repair. The following day, multiple contractors were called and IHC was selected to make the repair. They have completed acceptable emergency repairs for the city in the past and had a crew ready to respond the next day, Saturday. IHC worked with city staff supervision and was able to complete the repair by the end of the day. OPERATIONAL ANALYSIS Staff contacted multiple contractors to inquire about making the emergency repair. IHC had ex- perience repairing HDPE pipes and had a crew ready to respond the next day. IHC has satisfac- torily completed other underground work and emergency repairs for the city in the past. Hiring an outside contractor to make the emergency repair was necessary due to the depth of the excavation and the challenges of working with HDPE pipe, something our in-house staff has not done in the past. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS This work has been completed by a qualified contractor as an emergency repair. The repair work has been completed and is included with this authorization for payment in its entirety. The total cost for the emergency repair work, by IHC Construction Companies, LLC., is $27,041. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Utility 401-4002-771.93-41 409952 $$27,041 $27,041 2 LEGAL IMPACT Approval of this item would require an exception to the procurement ordinance, which requires approval by two-thirds of the council. ALTERNATIVES There are not any alternatives. The work was required on an emergency basis to ensure the reli- ability of sanitary sewer system. NEXT STEPS Authorize payment to IHC Construction Companies, LLC. Originators: Eutiminio Bello, Utilities Superintendent Nora Bertram, Water Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Invoice from IHC 3  INVOICE 126758 CONTRACT 26324 DATE 3/17/2026 ACCOUNT# 1593 BILL TO: CITY OF ELGIN 150 DEXTER CT ELGIN,IL 60120 ATTN: TIMO BELLO PROJECT# EM WATER MAIN REPAIRS PO NO: DATES WORKED: 2026-JAN 03 JOB ADDRESS: REPAIRED 14" FORCE MAIN BREAK ON JUDSON DRIVE ITEM DESCRIPTION QTY UNITS UNIT PRICE COST 1 FOREMAN REG 0.00 HRS $ 165.00 $ - 2 FOREMAN OT 8.00 HRS $ 210.00 $ 1,680.00 3 FOREMAN DT 6.00 HRS $ 250.00 $ 1,500.00 4 OPERATOR REG 0.00 HRS $ 162.00 $ - 5 OPERATOR OT 14.50 HRS $ 205.00 $ 2,972.50 6 LABORER REG 0.00 HRS $ 125.00 $ - 7 LABORER OT 24.00 HRS $ 162.00 $ 3,888.00 8 LABORER DT 18.50 HRS $ 198.00 $ 3,663.00 9 SUPPORT TRUCK 14.00 HRS $ 25.00 $ 350.00 10 SIX WHEEL DUMP 14.50 HRS $ 70.00 $ 1,015.00 11 EXCAVATOR 14.00 HRS $ 140.00 $ 1,960.00 12 VACUUM EXCAVATOR 14.00 HRS $ 125.00 $ 1,750.00 13 MID AMERICAN WATER INVOICE 1.00 LS $ 8,262.00 $ 8,262.00 14 CA-7 BACKFILL MATERIAL 0.00 LS $ 600.00 $ - $ - TOTAL DUE THIS INVOICE $ 27,040.50 Corporate Office: 385 Airport Rd., Suite 100, Elgin, IL 60123 • Phone: 847-742-1516 • Fax: 847-742-6610 Utility Division Office/Warehouse & Repair and Fabrication Shop/Yard: 1260 Bell Court Pingree Grove, IL 60140 • Fax: 847-289-3650 Southeast Regional Office: 2006 Delk Industrial Blvd, SE, Marietta, GA 30067 • Phone: 404-497-7619 • Fax: 404-585-5085 www.ihcconstruction.com AGENDA ITEM: Other Business 7 MEETING DATE: April 8, 2026 ITEM: Authorization for Payment – McScot Golf, Inc. ($46,400) OBJECTIVE: Repair and replace damaged netting panels and hardware at The Highlands Driving Range RECOMMENDATION: Authorize payment for the replacement and/or repair of damaged netting to McScot Golf, Inc. The golf division is seeking authorization for payment to McScot Golf, Inc. for the repair and re- placement of damaged netting panels at The Highlands of Elgin driving range. BACKGROUND A powerful storm system brought damaging non-thunderstorm wind gusts of 60-70 mph to the Chicago area on March 13, 2026. High winds, peaking in the morning and lasting into the after- noon, caused widespread power outages and a ground stop at O’Hare International Airport. A number of driving range netting panels and cabling were damaged during that storm. Much of the damage occurred on the west side of the range. This section of netting protects the road to the Sports Complex as well as the adjacent walkway to the apartments. OPERATIONAL ANALYSIS The golf course and driving range have been open since early March and will remain open for the remainder of the golf season. The damage to the netting presents a safety risk to vehicles and pedestrians using the Sports Complex road. The city has used McScot Golf, Inc. for many years and they have demonstrated the ability to complete repairs on time and within budget. McScot Golf, Inc. is an Illinois based company. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost of the repair is less than the city’s property insurance policy deductible of $50,000, so an insurance claim will not be filed. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Risk Management 630-0000-796.53-10 N/A $46,400 $46,400 LEGAL IMPACT Approval of this item would require an exception to the procurement ordinance, which requires approval by two-thirds of the council. ALTERNATIVES Leave damaged netting as is, which could lead to potential damage, from stray golf balls to vehi- cles on Sports Way. NEXT STEPS Authorize payment to McScot Golf, Inc. $46,400 Originators: Jen Hermonson Parks & Recreation Director Michael Lehman Golf Operations Director Jim Vogt, Asst. Director of Golf Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Quote from McScot Golf, Inc. for repair and replacement of the netting at the Highlands Golf Course 2  McScot Golf, Inc. March 29, 2026 Jim Vogt, GM, PGA The Highlands of Elgin 875 Sportsway Elgin, IL 60123 RE: The Highlands of Elgin Range Netting Storm Damage Evaluation and Repair Costs Dear Jim: After the site visit last week to determine the damage caused by the recent wind storm, there are seven (7) netting panels that need to be replaced based on being totally ripped apart and/or wind lines that have been compromised. The 20’ and 40’ wind line cables and a number of vertical cables that the netting attaches to should also be replaced due to being cut or broken. The associated prices for the replacement of the netting panels (material only) would be approximately $24,500.00. The removal and installation of the new netting panels to include labor, equipment, supply and installation of the approximately 3,600’ of wind lines/vertical cables with the associated hardware as required would be $21,900.00. If you have any questions or need additional information, please do not hesitate to contact me. Thank you. Sincerely, Thomas McClurg President TBM:tm PO Box 6284 * Galena, IL 61036 * 815-777-2397 * cell 407-808-1803 * mcscotgolf@aol.com  Resolution No. 26-57 RESOLUTION APPROVING ATHLETIC FACILITY IMPROVEMENT GRANT RECIPIENTS WHEREAS, the City's Athletic Facility Improvement Funding Program has been established to provide financial assistance to Elgin-based sports organizations; and WHEREAS, six grant applications were submitted for consideration in 2026 under the City's Athletic Facility Improvement Funding Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance and funds be provided under the City's Athletic Facility Improvement Funding Program to the following six organizations in the amount of $150,000: ORGANIZATION AMOUNT Elgin National Little League • Skid Steer – New $6,029 • Batting Tunnel $7,139 • Fence Toppers on F5 & F6 $2,600 • Toro Mower - Replacement $4,404 Total $20,172 Elgin Classic Little League • Solar Lights $600 • Concession Stand Refrigerators $6,000 Total $6,600 Elgin Babe Ruth, Inc. • Infield Renovation $54,448 Total $54,448 Elgin Youth Football and Cheer • Concession Stand Gate & Wall Installation $6,995 • Steel Gate Replacement $4,500 Total $11,495 Elgin BMX Riders Association • Spectator Viewing Deck $29,000 • Outdoor Weatherproof Audio System $5,924 • Pre-Staging Area Gate $2,895 • Asphalt Patio Extension $6,840 Total $44,659 Elgin Men's Baseball League • Ballfield Mix for All Fields $3,600 • Install and Regrade Fields $2,586 • 120G Well Tank – Replacement $2,550 • Install Concession Stand Heating & Air Conditioning $3,890 Total $12,626  Total Grant Allocation: $150,000 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that prior to receiving any grant funds organizations shall be required to enter into an agreement with the City of Elgin in a form as approved by the Corporation Counsel. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk -2-  Resolution No. 26-58 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ANDY FRAIN SERVICES, INC. FOR SECURITY SERVICES AT THE EDWARD SCHOCK CENTRE OF ELGIN, LORDS PARK AND WING PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Andy Frain Services, Inc., for security services at the Edward Schock Centre of Elgin, Lords Park and Wing Park, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk  Resolution No. 26-59 RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL AGREEMENT WITH HIGHERGROUND, INC. FOR LIVE911 SOFTWARE SYSTEM AND SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a Renewal Agreement on behalf of the City of Elgin with HigherGround, Inc., for Live911 software system and services, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk  Resolution No. 26-60 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 WITH CONNELLY ELECTRIC CO. FOR RIVERSIDE WATER TREATMENT PLANT AND WELL 5A MCC IMPROVEMENTS (Bid No. 25-035) WHEREAS, the City of Elgin has heretofore entered into a contract Connelly Electric Co. for Riverside water treatment plant and well 5A MCC improvements (Bid No. 25-035); and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk  Resolution No. 26-61 RESOLUTION DETERMINING REAL ESTATE LOCATED AT 1717 GIFFORD ROAD IS APPROPRIATE FOR CLASS 6B COOK COUNTY REAL PROPERTY ASSESSMENT CLASSIFICATION (PJP Holdings, LLC – Axium Packaging, LLC) WHEREAS, the City of Elgin (the “City”) desires to promote the creation, retention, and expansion of business and industry in the City; and WHEREAS, the Cook County Board of Commissioners has adopted the Cook County Real Property Classification Ordinance which creates the Class 6b Tax Assessment Program to create and retain industrial development in Cook County; and WHEREAS, PJP Holdings, LLC (the “Applicant”) has signed a purchase and sale agreement to purchase the property located at 1717 Gifford Avenue, Cook County, Illinois, consisting of Permanent Index Numbers 06-31-202-001, 06-31-202-007, 06-31-202-008, and 06- 31-202-011, consisting of approximately 20.2 acres of total land area and as further described in the legal description attached hereto as Exhibit “A” and made a part hereof (the "Property") and has applied for or is applying for a Class 6b Cook County Real Property Assessment Classification based on Substantial Rehabilitation and on Occupation of Abandoned Property With Special Circumstances for the Property; and WHEREAS, Applicant intends to improve the existing building and the Property to be used as the third Illinois location for Axium Packaging, LLC on the Property and has requested that the City grant approval of a Cook County Class 6b Tax Assessment Classification based on Substantial Rehabilitation and on Occupation of Abandoned Property With Special Circumstances for the Property; and WHEREAS, such approval is required prior to the filing of an application with the County of Cook to be considered for approval; and WHEREAS, the City is a Home Rule municipality within the purview of Article VII, Section 6(a) for the Illinois Constitution (1970) and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City has received the Applicant’s Economic Disclosure Statement (EDS) Affidavit; and WHEREAS, it has been determined by the Mayor and City Council of the City of Elgin that approving the Cook County Class 6b for the Property is necessary and beneficial for the local economy; and WHEREAS, to promote commercial stability, property values of neighboring commercial property, prevent potential blight brought on by vacancy and to create and retain jobs within the City, the Mayor and City Council of the City of Elgin have determined that it is in the best interests of the City to approve the Class 6b incentive for the Property based on Substantial Rehabilitation and on Occupation of Abandoned Property With Special Circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby finds and determines that the Property is appropriate for classification 6b under the Cook County Real Property Assessment Classification Ordinance. BE IT FURTHER RESOLVED, that the City of Elgin supports and consents to the Class 6b Cook County Real Property Assessment Classification as being necessary for the occupancy and improvement of the Property and that without such incentive, the Property is unlikely to be occupied and improved. BE IT FURTHER RESOLVED, that the City supports and consents to the filing of an application by the owner of the Property as provided by the Cook County Real Property Assessment Classification Ordinance. BE IT FURTHER RESOLVED, that the City Clerk be and is hereby authorized and directed to furnish the Office of the Cook County Assessor with two certified copies of this resolution. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk 2  EXHIBIT A LEGAL DESCRIPTION PARCEL 1: LOT 3 AND THE WEST 40 FEET OF LOT 4 IN ELGIN-VICTOR INDUSTRIAL PARK UNIT NUMBER 1, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE WESTERLY 90 FEET OF THE SOUTH 65 FEET OF LOT 4 IN ELGIN-VICTOR INDUSTRIAL PARK UNIT NO. 1, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF REC- ORDED IN RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS ON DECEMBER 9, 1966 AS DOCUMENT NO. 20019150, EXCEPTING THEREFROM THE WEST 40 FEET, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF LOT 4 IN ELGIN-VICTOR INDUSTRIAL PARK UNIT NUMBER 1, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31, AND PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 9, 1966 AS DOCUMENT 20019150, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE NORTH 88 DEGREES 36 MINUTES 01 SECOND EAST ALONG THE NORTH LINE OF SAID LOT 4, A DISTANCE OF 40.01 FEET TO THE EAST LINE OF THE WEST 40 FEET OF SAID LOT 4 AS MONUMENTED FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 02 SECONDS WEST ALONG SAID EAST LINE, 531.12 FEET TO THE NORTH LINE OF THE SOUTH 65 FEET OF SAID LOT 4 AS MONUMENTED; THENCE NORTH 88 DEGREES 43 MINUTES 05 SEC- ONDS EAST ALONG SAID NORTH LINE, 49.75 FEET TO THE EAST LINE OF THE WEST 90 FEET OF SAID LOT 4 AS MONUMENTED; THENCE NORTH 00 DE- GREES 07 MINUTES 02 SECONDS EAST ALONG SAID EAST LINE, 531.22 FEET TO THE NORTH LINE OF SAID LOT 4; THENCE SOUTH 88 DEGREES 36 MINUTES 01 SECOND WEST ALONG SAID NORTH LINE, 49.75 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS. PERMANENT INDEX NUMBERS: 06-31-202-001, 06-31-202-007, 06-31-202-008, and 06-31-202-011 ADDRESS OF REAL ESTATE: 1717 Gifford Road, Elgin, IL 60120 3  Resolution No. 26-62 RESOLUTION APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation cases of Mark Schneider, Case No. 22 WC 007322 and 23 WC 008901, in the total amount of $261,522.14 is approved. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Britanny Lecates, Case No. 23 WC 027545, in the total amount of $137,898.14 is approved. David J. Kaptain, Mayor Presented: April 8, 2026 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk  Ordinance No. G14-26 AN ORDINANCE GRANTING A CONDITIONAL USE TO ESTABLISH A CHURCH IN THE AB AREA BUSINESS DISTRICT (85 Market Street) WHEREAS, written application has been made requesting conditional use approval to establish a church within the existing building at 85 Market Street; and WHEREAS, the zoning lot with the building containing the premises at 85 Market Street is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the AB Area Business District, and a church is listed as a conditional use within the AB Area Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on March 2, 2026, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated in their Findings of Fact; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the AB Area Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 2, 2026, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to establish a church within the existing building on the Subject Property is hereby granted for the property commonly known as 85 Market Street, which is commonly identified by Kane County Property Index Number 06-15-304-030, and legally described as follows: THAT PART OF LOT 1 OF ELGIN WEST, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 145.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY PARALLEL WITH THE EASTERLY LINE OF LOT 1, A DISTANCE OF 133.3 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 495.44 FEET, A DISTANCE OF 17.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE BEING TANGENT TO THE LAST DESCRIBED CURVE, 127.49 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 1, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 810.54 FEET, A DISTANCE OF 139.17 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 185.0 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS; (commonly known as 85 Market Street). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by International Church of Foursquare Gospel, as applicant, and B&K Building Partnership Declaration of Trust, as property owner, received January 16, 2026, and supporting documents including: a. Undated Statement of Purpose and Conformance, dated received February 18, 2026; b. ALTA/NSPS Survey, prepared by Carradus Land Survey, Inc., dated December 10, 2025; and c. Eight-page architectural plan set for Elgin Community Foursquare Church, prepared by CoBu Architecture Studio, dated February 23, 2025, with such further revisions as required by the Community Development Director. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. All church activities and services shall be conducted on the interior of the existing two- story office building on the Subject Property. However, any church related activities and services may be established on the Subject Property outside the building as an authorized permitted use, provided the specific event is established and operates in compliance with the temporary use provisions of Section 19.90.015, and the applicant 2  is subject to all such provisions including but not limited to the number and duration and requirement for a separate permit for each outdoors event. 3. All exterior street graphics must comply with the zoning ordinance requirements. 4. A certificate of occupancy for the proposed church hereby authorized shall be obtained no later than three years from the approval of this ordinance. 5. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Kaptain, Mayor Presented: April 8, 2026 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk 3  Design Review Subcommittee of the Elgin Heritage Commission March 10, 2026 Minutes The meeting of the Design Review Subcommittee was called to order at 6:09 p.m. in the Community Development Department Conference Room (Located on the 1st floor of City Hall). MEMBERS PRESENT: Chloe Burkhart, Michael Burns, Joey Crist, Carly Gorick, Rebecca Hunter, Scott Savel MEMBERS ABSENT: Krissy Palermo CITY STAFF PRESENT: Christen Sundquist, Historic Preservation Planner APPROVAL OF MINUTES: Motion made by Commissioner Crist to approve the minutes of February 10, 2026 as submitted. The motion was seconded by Commissioner Hunter. The motion passed unanimously. RECOGNIZE OTHER PERSONS PRESENT: Those present for business and John Marston. PROPERTIES ON AGENDA FOR DISCUSSION: Old Business 1. 269 Bartlett Place – Reconstruction of Rear Stairs 2. 437 North Street – Solar Panels New Business 1. 196 S. Channing Street – Addition at Rear Above Garage 2. 408 Orange Street – Fence 3. 27 Rugby Place – Reroof with Synthetic Cedar Roof Material ITEMS UNTABLED AT TONIGHT’S MEETING: 1. 269 Bartlett Place – Reconstruction of Rear Stairs ------------------------------------------------------------------------------------------------------- OLD BUSINESS A motion was made by Commissioner Crist to untable 269 Bartlett Place. The motion was seconded by Commissioner Hunter. The motion passed unanimously. 269 Bartlett Place – Reconstruction of Rear Stairs The applicant has submitted a Certificate of Appropriateness (COA) to reconstruct rear egress stairs. The rear stairs were in disrepair and removed prior to receiving a permit. The proposed egress stairs are to be rebuilt following the guidelines: The posts will be 6x6 posts with 2x2 balusters. Staff recommends that newel posts shall be designed with pyramidal post caps. To avoid the spindles looking disproportionate staff is recommending that the top and bottom rail have added elements to their height. Details of the porch reconstruction are included in this packet. The stairs are not visible from the public right-of-way. Elgin Design Guideline Manual Specifications: Porches A. should be maintained in their original design with original materials and detailing. B. should not be removed if original to the dwelling. C. should be repaired or replaced to match the original in design, materials, scale, and placement. D. should be screened only if the structural framework for the screen panels is minimal and the open appearance of the porch is maintained. Screen panels should be placed behind the original features such as columns or railings and should not hide decorative details or result in the removal of original porch materials. E. should have steps of the same material as the porch floor (e.g. porches with wood floors should also have steps made of wood, not concrete or brick). F. should have poured concrete steps if the porch, patio or terrace floor is made of concrete (see section on Porch Steps). G. should have 1x4 wood tongue and groove flooring running perpendicular to the façade, if the porch floor is made of wood. H. should have trellises made of wood, if trellises are appropriate. I. should have porch skirting that is installed to match the type and style of the house, which may include decorative wood framed skirting, vertical slats, or lattice panels.. J. should not be enclosed with wood, glass, or other materials which would alter the porch's open appearance. PORCH COLUMNS AND RAILING General Narrative Original porch columns and railings should be retained and repaired with materials to match the original. If the original porch columns and railings are missing, replacement porch columns and railings should be appropriate for the dwelling's architectural style and period; handrail height and style should be determined by photographs, paint outlines, paint shadows, or similar homes in the area. Porch columns often deteriorate first at the bottom next to the porch floor. If this is the case, consider sawing off the deteriorated area and replacing this section rather than replacing the entire column. A note on porch railing height: Traditionally, the height of porch railing was based on the height of window sills within the porch, and ranged anywhere from 24 to 30 inches. This was done to provide a clear view from the inside of the house. However, modern building codes require that railing heights be no less than 36 inches, with an exception for historic properties if the lower height of the porch railing is judged by the building official to not constitute a distinct life safety hazard in accordance with the requirements of Section 16.36.020 of the Elgin Municipal Code, 1976, as amended, creates Section 102.8 of the 2015 International Residential Code – “Historic Buildings.” Drawings should be provided that properly integrate the porch features with the design of the house. Railing height less than 36 inches high will need to be reviewed by the building official so as not to constitute a life safety hazard. Guidelines A. should be preserved and maintained. Where repair is required, use materials to match the original in dimensions and detailing. B. should be rebuilt in historic designs if the original columns and railings have been removed or replaced. C. should have new balusters for the railing, if required. Porch balusters (also called spindles) should be appropriate for the building's style and period. The height of the railing should be in line with the window sill level, if present, and no greater than 30 inches in height. PORCH STAIRCASES AND STEPS General Narrative Most of Elgin's pre-1945 dwellings were built with wood steps leading to the door or front porch. Since steps are readily exposed to the sun and rain they require continual maintenance and repair. In many cases the original wood steps have been removed and replaced with steps of concrete. Concrete was widely used for porch steps after early 1900 and these original stairs should also be repaired and retained. Guidelines A. should be retained in their original location and configuration, if original to the property. Wood and concrete steps should be repaired with materials to match the original. B. should be replaced with wood rather than brick or concrete, if the porch floor is made of wood. C. should have their tread constructed in either 5/4x12 or 2x12 lumber. The ends of the treads should be bull-nosed and overhang the riser by no less than 1 inch. D. Should have newel posts and balusters, treads and risers, to match original porch construction. Staff Recommendation: Staff recommends approval of the Certificate of Appropriateness as submitted and with the following conditions: 1. Top rail shall be a 2x6 cut down to 4 inch width and shall be chamfered to a point. The 1x bull-nosed molding under top rail shall be installed. Must then install ¾” cove molding (PVC or pressure treated) under the 1x bull-nosed molding on either side of the spindle. Spindle shall be 2x2 with sharp or eased corners and spaced a maximum of 3 inches apart. The bottom rail shall be a 2x6 cut down to a 4 inch width with chamfered edges. A 1x bullnosed subrail shall be installed under the bottom rail. 2. Newel posts shall be 6x6 (4x4 post wrapped with 1x acceptable) and shall have a pyramidal post cap. 3. Stairs must have closed risers and treads shall have a bull-nosed edge on front and sides. 4. 2x6 pressure treated deck is acceptable with ¼ spaces. 5. All rear porch details shall match the attached drawing. 6. All rear porch details shall be primed and painted. ***** The owners were present for tonight’s COA discussion. The commission noted the new stairs will be an improvement to what was there previously. It was asked if this was a multi-unit and it was stated that it is a single-family. Commissioner Hunter questions the need for egress stairs when this was only single-family. The owner stated that it is nice to have another way out of the home versus the interior stairs. The owner also confirmed that the stairs lead into their bedroom. It was noted by staff that the stairs are at the rear and will not be visible from the street. Motion made by Commissioner Gorick to approve the application as submitted with staff recommendations and to allow for minor design changes to be reviewed by staff. The motion was seconded by Commissioner Crist. The motion passed 5-1-0. NEW BUSINESS 196 S. Channing Street – Addition at Rear Above Garage The applicant has submitted a Certificate of Appropriateness (COA) to construct a second-floor rear addition above the garage. The rear addition is proposed to match the house in design and use of materials. This will be an attic space used for storage. The addition will be visible from the right-of-way. Elgin Design Guideline Manual Specifications: RESIDENTIAL ADDITIONS – NEW ROOMS NEW ROOMS General Narrative Elgin's historic dwellings generally possess the flexibility to be enlarged for additional living space. Additions are acceptable when they are placed at rear or side facades not readily visible from the street. Additions should also be built so they will have a minimal impact on the building's overall character. The rears of dwellings are the best locations for the addition of rooms, wings, porches, or decks. Before beginning any work on an addition, be sure to check the zoning of the property on which your building is located. In most older established residential neighborhoods, the expansion of any “lawful non-conforming” use is not permitted. Guidelines A. should be located at the rear of dwellings, not on the front or readily visible areas of the sides of dwellings. B. should be secondary (smaller and simpler) than the original dwelling in scale, design, and placement. C. should be of a compatible design in keeping with the original dwelling’s design, roof shape, materials, color, and location of window, door, and cornice heights, etc. D. should impact the exterior walls of the original dwelling as minimally as possible. When building additions use existing door and window openings for connecting the addition to the dwelling. E. should be constructed to avoid extensive removal or loss of historic materials and to not damage or destroy significant original architectural features. F. should not imitate an earlier historic style or architectural period. For example, a ca. 1880 Queen Anne style rear porch addition would not be appropriate for a 1920s Craftsman/Bungalow house. Staff Recommendation: Staff recommends preliminary approval of the application as submitted with the following recommendations: 1. The addition matches the gable design and roof pitch, soffit and fascia details found on the existing home. 2. The addition shall have 1/2x6 beveled no. 1 cedar (clear-no knots) or finger jointed cedar or smooth hardiboard to match the exposure of the existing siding. Installation of 5/4”x4 cornerboards at the corners of the addition must sit proud of the siding. If current paint scheme on home is proposed to remain, the new addition shall match the current paint colors on the home. 3. The proposed wall shingles at the gable shall match the front elevation gable. Shingles are encouraged to be painted. 4. The windows shall be aluminum clad wood or wood, one over one windows and shall match the following specifications: 3” bottom rail, 2” stiles, 2” top rail, 1” meeting rail. All window trim, sills, crown molding details shall sit proud of the siding and match the design, size, materials as the existing windows on the home. 5. All other details shall match the submitted drawings. ***** The owner was present for tonight’s COA discussion. The commission noted that the home will look more cohesive with the gable addition versus the current flat roof above the garage. Motion made by Commissioner Hunter to approve the application as submitted with staff recommendations and to allow for minor design changes to be reviewed by staff. The motion was seconded by Commissioner Burns. The motion passed unanimously. ------------------------------------------------------------------------------------------------------- 408 Orange Street - Fence The applicant submitted an application for a Certificate of Appropriateness to install a new privacy fence on the west side of the house and a new flat top-spaced style fence at the front yard. The applicant is proposing to install a 6’-0” flat top, privacy fence in the rear and side yards. The applicant indicated that they would like to replace the current 6’-0” privacy fence at the side yard and maintain the existing location (up to the front corner of the house). The applicant is also proposing an unpainted 40% open flat-top style, western red cedar front yard fence to match the flat-top design of the privacy fence. This is to keep the design of both fences consistent. Elgin Design Guideline Manual Specifications: Fences General Narrative Wood picket and board fences were widely used in Elgin’s residential areas before 1945 to separate lots, outline front yards, and enclose domestic animals and pets. Cast iron was also used in the city’s residential areas, however, few original cast iron fences remain standing. In recent years, chain-link fences have been popular. However, chain-link is a non-historic fence material and its use is not acceptable. Traditional fences, built prior to 1945 should be preserved and maintained. The construction of new fences based upon historic designs and materials is appropriate. Many Victorian era wooden front yard fences were essentially ornamental, low, open, and often three feet in height or less. Fence posts were usually thick, often measuring eight inches square or more. End posts, corner posts and gate posts were often larger than line posts repeating architectural features from the house. Guidelines FENCES A. should be proportionate to the house and the design should be compatible with the character of the building and district. B. Fences in front and side yards shall be painted white or a complimentary color found on the home. Privacy fences located at the rear yard may be left to weather. C. Must be of rot resistant wood for traditional designs or cast iron or aluminum for ornamental fences. Pre-engineered plastic fence materials are not allowed. Composite materials may be considered but need approval by the Design Review Subcommittee. D. of cast iron or other material of original design should be preserved E. of cast iron or ornamental, colored aluminum may be added to buildings constructed in the late 19th and early 20th century. Cast iron fences are generally not appropriate for dwellings built after 1920. F. if placed along common property lines should not be placed against another fence - double line fencing is not permitted. G. should have posts that are set a minimum of 30 inches below grade and no more than eight feet apart. H. that has a decorative gate or arbors must be submitted with a drawing complete with dimensions. I. Chain link, Shadow Box, Stockade and Concrete Block fences are not permitted. FENCES IN FRONT YARDS A. should be no higher than 42 inches with the posts being slightly higher and having caps.  B. should have pickets no wider than three and a half inches with spacing between boards a minimum of one inch up to the width of the board depending on the design of the fence. C. if applicable to the layout, should have a minimum of corner posts, end posts and gate posts which are slightly taller than the fence and five to ten inches thick with a cap and finial. Line posts can be visible and decorative to compliment the main posts or be hidden behind the picket design. Fences which cross a driveway or walkway should have gate posts. Gates should be designed to swing onto the private walkway or driveway, not onto the public sidewalk. General Narrative A fence is a “frame” around a house. Fences and gates are an extension of the architecture of the house. Fences are often character-defining features of a property and should be treated sensitively. Most of the classic picket and baluster fences built through the 1930’s feature a continuous horizontal bottom board or baseboard, which is seldom part of a modern picket fence design today. The baseboard is a wooden imitation of a stone base, called a plinth, which is a feature of many iron and stone fences. The baseboard is an easy way to enhance the design of a simple picket fence as well as to add strength. Visually, a baseboard is desirable since it gives a fence a much more solid, architectural appearance. Chain-link fences are not permitted in the Historic District. Property owners with existing chain- link fences are encouraged to screen them with hedges, ivy or other creeping cover or by painting them dark green or black. Fences on common property lines can have a negative impact on neighboring properties. To avoid conflicts, any applicants proposing to install a fence along a common lot line should contact the owner(s) of property directly abutting the lot line to confirm that the proposed fence is acceptable. Fences will be judged on a case-by-case basis, in terms of design, materials, and location. Guidelines FENCES IN REAR YARD A. built for privacy should not extend beyond the rear yard beginning at the back corner of the house. B. built for privacy should have a minimum of gate post, corner post, and end posts which are five to ten inches wide and taller than the pickets, if applicable. C. Can be constructed in the same low fence design found in the front yard, if applicable. D. of rot resistant wood boards or planks for privacy should be located in rear yards and be no taller than six feet. Boards should be no more than six inches wide.  E. Privacy fences of flat boards with flat tops in a single row are an acceptable design for the historic districts. Vertical boards topped with lattice or picket are also appropriate as privacy fences. In addition to a filled-out application for a COA, documentation on fences should include: • A Plat of Survey with property lines, location of house, garage and driveway shown. • Location of proposed gates with their size. • Brochure or picture of the proposed fencing, if available. • Drawings with dimensions that represent the proposed final product including: o Dimensions of the spacing between members (posts, rails, distance between pickets, height, etc.) Height of fence at front, rear and sides of property. o Material to be used. o Color of fence. • A scaled elevation drawing showing the design of the proposed fencing in relation to the building. • Photos of the building and site showing the area where the work will occur. • List neighboring fences, if any. • Acceptance letter of abutting property owner, where applicable. Staff Recommendation: Staff recommends approval as the fence design reflects a simplified interpretation of the home’s roofline frieze board and horizontal detailing. The unpainted finish allows the house to remain the visual focus rather than the fence itself. Additionally, the fence is a reversible feature that does not impact the home’s historic significance and will screen an existing neighboring chain-link fence. As a standalone bungalow, neighboring properties would otherwise be permitted to install privacy fencing up to the front corner of their homes as well as be permitted to double-fence. ***** The owner was not present for tonight’s COA discussion. The commission noted that the proposed fence design is acceptable for the home. Motion made by Commissioner Crist to approve the application as submitted and to allow for minor design changes to be reviewed by staff. The motion was seconded by Commissioner Burns. The motion passed unanimously. ------------------------------------------------------------------------------------------------------- 27 Rugby Place - Reroof with Synthetic Cedar Roof Material The applicant has submitted an application for a Certificate of Appropriateness (COA) to request approval for the installation of a synthetic cedar roof material. The current roof is asphalt architectural shingles that were installed in 2010. Historically, the home had a cedar roof. The applicant is interested in using a synthetic roof material company, Brava Roof Tile. The cedar tile material is manufactured using synthetic materials with a design, color and texture to mimic cedar roofs. The Design Review Subcommittee has approved other synthetic roofing materials in the past including a synthetic slate material (Moderne Slate) at 803 N. Spring Street (DRSC, September 8, 2015); a Synthetic Cedar Roof (DaVinci) at 1100 N. Spring Street (DRSC, August 25, 2020); and a concrete roof tile (Vande Hey Raleigh) at 420 Douglas Avenue (DRSC, April 24, 2018). The applicant will also be replacing the modern k-style gutters with painted metal half-round gutters (maximum 6 inches in diameter) as well as providing new step flashing at the chimneys. The porch’s flat roof and the upper flat area of the hipped roof are proposed to be replaced with a modified bitumen chemically adhered roof. The upper hipped roof flat area is proposed to have a Bilco Hatch Cover, standard size 30”x36”, which will not be visible from the street. The previous hatch was covered by the current roof and there is an existing curb. The carriage house’s roof is not proposed to be replaced at this time. This work will be simultaneously done with the previously DRSC approved siding restoration and balcony work. Elgin Design Guideline Manual Specifications: Original roof forms should be retained. If additions will affect roof forms the additions should be added at rear or side rooflines which are not readily visible from the street. Historic roof materials such as metal shingles, clay tiles, or slate should be repaired and preserved. If repair is no longer practical, replacement with asphalt shingles may be considered. Sawn cedar shingles were also a common roof material used on Elgin's older houses. The process of saw cutting the siding/shingle at the junction of a roof and vertical wall section to be filled in later with a tiny board is not permitted. Guidelines A. should be retained in their original shape and pitch, with original features (such as cresting, chimneys, finials, cupolas, etc.), and, if possible, with original roof materials. B. should be re-roofed with substitute materials such as asphalt or fiberglass shingles if the original materials are no longer present or if the retention of the original roof material is not economically feasible. Architectural shingles shall be installed on homes that pre-  date the 1920s. 3-Tab shingles may be appropriate dependent on age and style of the home. C. should be in appropriate colors such as dark grey, black, brown or shades of dark red; red or green may also be appropriate for Craftsman/Bungalow period dwellings for new asphalt or fiberglass shingled roofs. D. should have sawn cedar shingles added only after a complete tear-off of the existing roof materials is completed. This is necessary to provide adequate ventilation and proper drying of the roof during wet conditions. E. should have soldered metal panels added as the surface material, if the roof is flat. If not readily visible, rolled composition or EPDM. F. should have proper water-tight flashing at junctions between roofs and walls, around chimneys, skylights, vent pipes, and in valleys and hips where two planes of a roof meet. Metal flashing should be used instead of the application of caulking material or bituminous coating, which can deteriorate due to weathering and allow moisture damage. G. Should not have new dormers, roof decks, balconies or other additions introduced on fronts of dwellings. These types of additions may be added on the rear or sides of dwellings where not readily visible. H. Should not have split cedar shakes, in most cases. GUTTERS AND DOWNSPOUTS General Narrative Traditionally, half round gutters were used on most roofs with extended eaves, since they did not conceal any decorative features on the fascia such as crown molding or exposed rafters. Modern construction has fascia without this molding that is more conducive to K-Style or ogee gutters and so should be avoided. Gutters and downspouts should be regularly cleaned and maintained. If new gutters are required, half-round designs are the most historically accurate. Gutters are necessary to be installed over paved areas that are susceptible to water run-off from the roof. Guidelines A. should be repaired rather than replaced if possible. B. should be located away from significant architectural features on the front of the building. C. should provide proper drainage through use of downspouts and splash blocks to avoid water damage to the building. Round downspouts are more appropriate than rectangular forms; however, rectangular forms are also acceptable.  D. should be designed to channel the water as far away from the dwelling as possible. Downspouts should extend at least 4 to 6 feet, or utilize a splash block. E. should be half-round rather than "K" or ogee, is of hang-on type. Ogee is permissible if fascia is vertical F. should have straps nailed under, not on top, of roofing material. Metal flashing should also be properly installed so as not to conceal any crown molding in the roof eaves. G. should not result in the removal of existing eave features. H. should be sized proportionate to the building. Gutters and downspouts should not exceed 6". Staff Recommendation: Staff cannot provide a recommendation due to a conflict of interest. ***** The owner was present for tonight’s COA discussion. The commission noted that cedar isn’t what it once was. Historically it could be a 100-year roof but is now barely making it to 20 years. They were impressed with this alternate material and the overall look of it to replicate the look of a cedar roof. Motion made by Commissioner Crist to approve the application as submitted. The motion was seconded by Commissioner Hunter. The motion passed 5-0-1 (Savel abstained). ------------------------------------------------------------------------------------------------------- OTHER: None. ADDITIONAL STAFF COMMENTS: Staff noted that the Grant Review will be directly after the Heritage Commission meeting on Tuesday, April 7, 2026 and encouraged DRSC members to join. CORRESPONDENCE: None Motion to adjourn was made by Commissioner Hunter. The motion was seconded by Commissioner Crist. The motion passed unanimously. The meeting of the Design Review Subcommittee was adjourned at 6:47 p.m. Respectfully submitted, s/a Christen Sundquist, AICP Approved 03/24/2026 Historic Preservation Planner  ELGIN LIQUOR CONTROL COMMISSION MEETING February 11, 2026 The meeting was called to order by Chairman Kaptain at 4:30 p.m. in Conference Room 208, South Wing of Elgin City Hall. Members present: Commissioners Good, Martinez, Ortiz, Steffen and Chairman Kaptain. Absent: None. Approval of Minutes Commissioner Good made a motion, seconded by Commissioner Steffen, to approve the minutes of the January 14, 2026, meeting. Upon a roll call vote: Yeas: Commissioners Good, Martinez, Ortiz, Steffen, and Chairman Kaptain. Nays: None. Public Hearing on Consideration of an Application by Class B Liquor License Application, OM695 Villa Liquors Inc. d/b/a Villa Liquors located at 695 Villa Street Corporation Counsel Beck reviewed the Class B liquor license application for the new owner of OM695 Villa Liquors Inc. d/b/a Villa Liquors located at 695 Villa Street. He noted that the annual fee is $880 in addition to a one-time fee of $10,000, and video gaming is not allowed. The staff recommended approval subject to the conditions outlined in the memo. Commissioner Steffen made a motion, seconded by Commissioner Ortiz, to approve the application by OM695 Villa Liquors Inc. d/b/a Villa Liquors for a Class B liquor license for the premises at 695 Villa Street, subject to conditions. Upon a roll call vote: Yeas: Commissioners Good, Martinez, Ortiz, Steffen and Chairman Kaptain. Nays: None Public Hearing on Consideration of a Class S Liquor License Application for Frida’s Party Room LLC d/b/a Frida’s Party Room located at 219 West Highland Avenue Corporation Counsel Beck reviewed the Class S liquor license application for the new owner of Frida’s Party Room LLC d/b/a Frida’s Party Room located at 219 West Highland Avenue. He noted that the annual fee is $396 and video gaming is not allowed. The staff recommended approval subject to the conditions outlined in the memo. Commissioner Ortiz made a motion, seconded by Commissioner Martinez, to approve the application by Frida’s Party Room LLC d/b/a Frida’s Party Room for a Class S liquor license for the premises at 219 West Highland Avenue, subject to conditions. Upon a roll call vote: Yeas: Commissioners Good, Martinez, Ortiz, Steffen and Chairman Kaptain. Nays: None Liquor Commission Meeting February 11, 2026 Page 2 Discussion of Liquor Control Fines and Video Gaming Fees Corporation Counsel Beck reviewed the discussion regarding the terminal fees and the current costs. There were questions about the timing of any changes to the cost around the license renewal period and if there were any restrictions on the amount the annual fee. Commissioner Ortiz made a motion, seconded by Commissioner Good to increase the annual gaming fees to $75 per machine for the establishments and $2000 per machine for the distributors to the extent allowed under the state law. Upon a roll call vote: Yeas: Commissioners Good, Martinez, Ortiz, Steffen and Chairman Kaptain. Nays: None Miscellaneous There was discussion regarding the status of sweepstakes machines. Public Comment None. Adjournment Commissioner Good made a motion, seconded by Commissioner Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Commissioners Good, Martinez, Ortiz, Steffen and Chairman Kaptain. Nays: None. The meeting adjourned at 4:52 p.m. s/ Kimberly Dewis March 11, 2026 Kimberly Dewis, Recording Secretary Date Approved  Monthly Electricity Tax Revenue 2025 2026 2026 YTD Difference Month YTD Month YTD Month Cumulative Over (Under) Budget Month Actual Actual Actual Actual Budget Budget % Amount Jan $ 367,256 $ 367,256 $ 363,017 $ 363,017 $ 370,026 $ 370,026 -1.89% $ (7,009) Feb 357,255 724,511 $ 311,593 $ 674,610 338,423 708,449 -4.78% $ (33,839) Mar 323,467 1,047,978 331,787 1,040,236 Apr 306,389 1,354,367 307,732 1,347,968 May 286,969 1,641,336 320,810 1,668,778 Jun 329,036 1,970,372 363,194 2,031,972 July $ 501,823 $ 2,472,195 409,525 2,441,496 Aug 446,374 2,918,569 413,725 2,855,221 Sep 347,293 3,265,861 348,561 3,203,783 Oct 338,351 3,604,212 321,983 3,525,766 Nov 263,768 3,867,980 318,292 3,844,059 Dec $ 393,852 $ 4,261,832 $ 355,941 $ 4,200,000 Budget $ 4,200,000 $ 4,200,000 Monthly Receipts $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec 2025 2026  Monthly Natural Gas Tax Revenue 2025 2026 2026 YTD Difference Month YTD Month YTD Month Cumulative Over (Under) Budget Month Actual Actual Actual Actual Budget Budget % Amount Jan $ 388,832 $ 388,832 $ 429,642 $ 429,642 $ 358,470 $ 358,470 19.85% $ 71,172 Feb 363,796 752,628 $ 531,350 $ 960,992 322,926 681,396 41.03% $ 279,596 Mar 366,966 1,119,595 274,520 955,916 Apr 253,200 1,372,795 180,727 1,136,643 May 182,833 1,555,628 122,681 1,259,324 Jun 158,157 1,713,784 100,546 1,359,870 July 106,977 1,820,762 106,973 1,466,843 Aug 106,785 1,927,546 106,011 1,572,854 Sep 103,384 2,030,931 94,700 1,667,554 Oct 119,783 2,150,714 125,534 1,793,088 Nov 162,312 2,313,026 199,448 1,992,536 Dec $ 343,654 $ 2,656,680 $ 307,464 $ 2,300,000 Budget $2,000,000 $ 2,300,000 Monthly Receipts $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec 2025 2026  Monthly Video Gaming Revenue (33 Locations, 176 Machines Reporting) Liability 2024 2025 2026 2026 Over (Under) Period ACTUAL ACTUAL ACTUAL BUDGET Budget of Month YTD Month YTD Month YTD Month YTD % Amount January $ 48,536 $ 48,536 $ 51,109 $ 51,109 $ 49,103 $ 49,103 $ 49,560 $ 49,560 -0.92% $ (457) February 53,630 102,166 52,480 103,588 $ 56,408 $ 105,511 48,887 98,447 7.18% $ 7,065 March 57,681 159,847 61,795 165,383 60,938 159,385 April 52,604 212,451 54,941 220,324 57,018 216,403 May 50,912 263,363 61,661 281,985 57,939 274,342 June 47,651 311,014 57,274 339,259 54,337 328,680 July 56,819 367,833 53,601 392,861 51,567 380,246 August 51,335 419,168 58,681 451,541 58,112 438,358 September 51,662 470,830 51,466 503,007 54,266 492,624 October 54,315 525,145 57,051 560,058 57,196 549,820 November 52,813 577,958 55,637 615,695 58,336 608,156 December $ 55,503 $ 633,461 $ 48,097 $ 663,792 $ 61,844 $ 670,000 Budget $600,000 Budget $625,000 Budget $670,000 Prepared by City of Elgin Fiscal Services Department Video Gaming Revenue $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $- January February March April May June July August September October November December 2024 2025 2026