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Committee of the Whole

Regular Meeting

Elgin, IL · January 14, 2026

AgendaPacketMinutes

Minutes

COMMITTEE OF THE WHOLE MEETING January 14, 2026 The regular Committee of the Whole meeting was called to order by Mayor Kaptain at 6:00 p.m. in the Council Chambers. Present: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell (6:09 p.m.), Steffen, Thoren, and Mayor Kaptain. Absent: None. Approval of Minutes Councilmember Martinez made a motion, seconded by Councilmember Good, to approve the minutes of the December 17, 2025 regular meeting. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Steffen, Thoren, and Mayor Kaptain. Nays: None. Public Comment Josh Brockway commented on the city’s forum on immigration enforcement that was held on January 7, 2026. Peter Bazos, attorney for the project at 890 Galt Boulevard, commented on the changes to the scope of the project. Chuck Hanlon, member of the development team for 890 Galt Boulevard, commented on the decrease in scale. Kimball Street Traffic Signal Interconnect Project—Phase III Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc. A resolution was presented at the Council meeting to approve an agreement with Hampton, Lenzini and Renwick, Inc. in the amount of $49,891 to provide field inspection, design interpretation, contract administration documentation and general coordination, and control of the day-to-day construction activities for the Kimball Street Traffic Signal Interconnect project. Box, Inc. Cloud-Based Data Storage and Business Productivity Platform—Software Subscription Agreement Chief Technology Officer, Aaron Cosentino, provided a presentation regarding the use of artificial intelligence (AI). He outlined the background of how AI is currently used, and the results of an employee survey. Mr. Cosentino outlined how the BOX product is currently used and the advantages of utilizing the new offerings available with the renewal of the agreement. Committee of the Whole January 14, 2026 Page 2 He described how the interaction with the BOX AI would be stored, and the benefits of the workflow agents. There was discussion regarding the costs, the status of the city’s AI policy and what training would be required. Councilmember Dixon made a motion, seconded by Councilmember Alfaro, to approve the renewal with Box, Inc. for a three-year agreement in the amount of $1,224,160 to maintain a cloud-based and artificial intelligence focused business productivity platform including data storage and document management that integrates with existing city technologies. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. National Street Bridge Rehabilitation Project—Design Engineering Services Agreement with HR Green, Inc. Councilmember Martinez made a motion, seconded by Councilmember Steffen, to approve an agreement with HR Green, Inc. in the amount of $179,974 to complete the National Street Bridge Rehabilitation Project by providing engineering design services necessary to prepare the plans, specifications and estimates required for construction project. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Honorary Street Name Designation for Pastor Jose Luis Hidalgo—East Highland Avenue between Center Street and North Geneva Street Councilmember Steffen made a motion, seconded by Councilmember Dixon, to designate East Highland Avenue, between Center Street and North Geneva Street, as an honorary street for Pastor Jose Luis Hidalgo, who served as a Pastor at Iglesia Carismatica Puerta de Sion for nearly 40 years. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Adjourn to City Council Councilmember Martinez made a motion, seconded by Councilmember Ortiz, to adjourn to the City Council meeting. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren and Mayor Kaptain. Nays: None. Committee of the Whole January 14, 2026 Page 3 Reconvene the Committee of the Whole Discussion Councilmember Good made a motion, seconded by Councilmember Martinez, to reconvene the Committee of the Whole meeting. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren and Mayor Kaptain. Nays: None Site Remediation Program Services for City-Owned Property at 96-122 South Grove Avenue – Change Order No. 1 Councilmember Steffen made a motion, seconded by Councilmember Alfaro, to approve Change Order No. 1 with Ramboll Americas Engineering Solutions, Inc., in the amount of $12,831 to perform additional environmental services under the Illinois Site Remediation Program for the city-owned property at 96-122 South Grove Avenue to advance the site toward attainment of a “No Further Remediation” letter. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Bulk Road Salt for 2025-26 Winter Season – Purchase Agreement with Morton Salt, Inc. and Compass Minerals America, Inc. Councilmember Powell made a motion, seconded by Councilmember Steffen, to award the issuance of purchase orders to Morton Salt, Inc. and Compass Minerals America, Inc. in a total amount not to exceed $574,914 towards the procurement of bulk road salt for the 2025-2026 winter season for snow and ice removal operations. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Bulk Road Salt for the 2026-27 Winter Season—Purchase Commitment with the State of Illinois Department of Central Management Services Councilmember Powell made a motion, seconded by Councilmember Steffen, to authorize the city to commit to purchasing bulk road salt through the State of Illinois’ 2026-27 joint bidding and purchasing process. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Committee of the Whole January 14, 2026 Page 4 Fire Department Administrative Vehicle Purchase Councilmember Good made a motion, seconded by Councilmember Steffen, to authorize the fire department to purchase a new administrative vehicle in an amount not to exceed $55,000 for a Ford Explorer for use by a chief officer in the fire department to ensure reliable emergency response. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. GrayKey Mobile Forensic Access Software – Purchase from Magnet Forensics, LLC Councilmember Martinez made a motion, seconded by Councilmember Steffen, to authorize the purchase of GrayKey Mobile Forensic Access Software from Magnet Forensics, LLC in the amount of $37,370 to continue using mobile forensic access software to extract encrypted or inaccessible data from mobile devices. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Ortiz, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: None. Discussion on Comments and Information Conveyed During the Community Forum on Immigration Enforcement (Councilmembers Alfaro and Steffen) Councilmembers Alfaro and Steffen lead the discussion to move forward and create actionable items based on the comments and information conveyed during the city’s community forum on immigration enforcement that was held last Wednesday. Ideas discussed included: joining the state’s lawsuit against the federal government, creating a medical station for protestors, and weekly reports on ICE activity. There were comments on the Police Department’s transparency page adding information relating to immigration including state resources, law enforcement insignias, and police enforcement laws and policies. Kane County States Attorney, Jamie Mosser, provided updates on the Trust Act and outlined the process to have the changes to the act take place. She noted that given the current litigation involving the Trust Act it would likely prohibit changes to the act in the near future. She stated that while it is not illegal for the local police department to show up during ICE enforcement it is problematic with one of the potential consequences being the local officers being arrested for obstruction of the federal operation. A group composed of Councilmembers Alfaro and Powell, and Chief Lalley will review the ideas and provide further details for discussion at an upcoming meeting. Committee of the Whole January 14, 2026 Page 5 Announcements from Council Councilmember Thoren commented on the Mayor’s State of the City address. He also noted the passing of George Rawlison. He also urged everyone to be mindful of their health in light of the current health issue he is facing. Councilmember Ortiz announced the cancellation of executive session. He also wished Councilmember Thoren well. Councilmember Powell announced all the events for the MLK weekend. She also extended her prayers to Councilmember Thoren. Councilmember Alfaro extended thanks to all mental health providers and the grassroots patrols assisting those dealing with immigration enforcement. She also extended her prayers to Councilmember Thoren. Councilmember Martinez extended her prayers to Councilmember Thoren, and expressed her condolences to George Rawlinson’s family. She also thanked the Public Works team for snow removal efforts. Announcements from Staff Rick Kozal, City Manager, announced upcoming city events. Adjournment Councilmember Good made a motion, seconded by Councilmember Dixon, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Alfaro, Dixon, Good, Martinez, Powell, Steffen, Thoren, and Mayor Kaptain. Nays: Councilmember Ortiz. The meeting adjourned at 11:41 p.m. s/ Kimberly Dewis January 28, 2026 Kimberly Dewis, City Clerk Date Approved

Agenda

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA JANUARY 14, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – December 17, 2025 Public Comment Items on Both Agendas A. Kimball Street Traffic Signal Interconnect Project—Phase III Engineering Services Agree- ment with Hampton, Lenzini and Renwick, Inc. ($49,891) Objective: Provide field inspection, design interpretation, contract administration docu- mentation and general coordination and control of the day-to-day construction activities for the Kimball Street Traffic Signal Interconnect project. Initiatives and Other Items B. Box, Inc. Cloud-Based Data Storage and Business Productivity Platform—Software Sub- scription Agreement ($1,224,160 Over Three Years) Objective: Maintain a cloud-based and artificial intelligence (AI)-focused business produc- tivity platform including data storage and document management that integrates with ex- isting city technologies. C. National Street Bridge Rehabilitation Project—Design Engineering Services Agreement with HR Green, Inc. ($179,974) Objective: Obtaining the engineering design services necessary to prepare the plans, spec- ifications and estimates required for the National Street Bridge rehabilitation construction project. D. Honorary Street Name Designation for Pastor Jose Luis Hidalgo—East Highland Avenue Between Center Street and North Geneva Street (No Cost) Objective: Honor Pastor Jose Luis Hidalgo, who served as Pastor at Iglesia Carismatica Puerta de Sion for nearly 40 years, with an honorary street name designation. Committee of the Whole Agenda – January 14, 2026 Page 2 E. Site Remediation Program Services for City-Owned Property at 96-122 South Grove Av- enue – Change Order No. 1 ($12,831) Objective: Perform additional environmental services under the Illinois Site Remediation Program for the city-owned property at 96-122 South Grove Avenue to advance the site toward attainment of a “No Further Remediation” letter. F. Bulk Road Salt for 2025-26 Winter Season – Purchase Agreement with Morton Salt, Inc. and Compass Minerals America, Inc. (Not to Exceed $574,914) Objective: Securing bulk road salt for the city’s 2025-26 snow and ice removal operations. G. Bulk Road Salt for the 2026-27 Winter Season—Purchase Commitment with the State of Illinois Department of Central Management Services (No Cost) Objective: Authorize the city to commit to purchasing bulk road salt through the State of Illinois’ 2026-27 joint bidding and purchasing process. H. Fire Department Administrative Vehicle Purchase (Not to Exceed $55,000) Objective: Purchase a Ford Explorer for use by a chief officer in the fire department to ensure reliable emergency response. I. GrayKey Mobile Forensic Access Software – Purchase from Magnet Forensics, LLC ($37,370) Objective: Continue using mobile forensic access software to extract encrypted or inac- cessible data from mobile devices. J. Discussion on Comments and Information Conveyed During the Community Forum on Immigration Enforcement (Councilmembers Alfaro and Steffen) Objective: Councilmember Alfaro (with Councilmember Steffen as her second) is request- ing an agenda item to discuss the comments and information conveyed during the city’s community forum on immigration enforcement conducted on January 7, 2026 at the Her- itage Ballroom in the Edward Schock Centre of Elgin. Announcements from Council Announcements from Staff Executive Session K. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Spe- cific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Adjournment Committee of the Whole Agenda – January 14, 2026 Page 3 PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individ- uals with disabilities who plan to attend this meeting and who require certain accommodations 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.

Packet

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA JANUARY 14, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – December 17, 2025 Public Comment Items on Both Agendas A. Kimball Street Traffic Signal Interconnect Project—Phase III Engineering Services Agree- ment with Hampton, Lenzini and Renwick, Inc. ($49,891) Objective: Provide field inspection, design interpretation, contract administration docu- mentation and general coordination and control of the day-to-day construction activities for the Kimball Street Traffic Signal Interconnect project. Initiatives and Other Items B. Box, Inc. Cloud-Based Data Storage and Business Productivity Platform—Software Sub- scription Agreement ($1,224,160 Over Three Years) Objective: Maintain a cloud-based and artificial intelligence (AI)-focused business produc- tivity platform including data storage and document management that integrates with ex- isting city technologies. C. National Street Bridge Rehabilitation Project—Design Engineering Services Agreement with HR Green, Inc. ($179,974) Objective: Obtaining the engineering design services necessary to prepare the plans, spec- ifications and estimates required for the National Street Bridge rehabilitation construction project. D. Honorary Street Name Designation for Pastor Jose Luis Hidalgo—East Highland Avenue Between Center Street and North Geneva Street (No Cost) Objective: Honor Pastor Jose Luis Hidalgo, who served as Pastor at Iglesia Carismatica Puerta de Sion for nearly 40 years, with an honorary street name designation. Committee of the Whole Agenda – January 14, 2026 Page 2 E. Site Remediation Program Services for City-Owned Property at 96-122 South Grove Av- enue – Change Order No. 1 ($12,831) Objective: Perform additional environmental services under the Illinois Site Remediation Program for the city-owned property at 96-122 South Grove Avenue to advance the site toward attainment of a “No Further Remediation” letter. F. Bulk Road Salt for 2025-26 Winter Season – Purchase Agreement with Morton Salt, Inc. and Compass Minerals America, Inc. (Not to Exceed $574,914) Objective: Securing bulk road salt for the city’s 2025-26 snow and ice removal operations. G. Bulk Road Salt for the 2026-27 Winter Season—Purchase Commitment with the State of Illinois Department of Central Management Services (No Cost) Objective: Authorize the city to commit to purchasing bulk road salt through the State of Illinois’ 2026-27 joint bidding and purchasing process. H. Fire Department Administrative Vehicle Purchase (Not to Exceed $55,000) Objective: Purchase a Ford Explorer for use by a chief officer in the fire department to ensure reliable emergency response. I. GrayKey Mobile Forensic Access Software – Purchase from Magnet Forensics, LLC ($37,370) Objective: Continue using mobile forensic access software to extract encrypted or inac- cessible data from mobile devices. J. Discussion on Comments and Information Conveyed During the Community Forum on Immigration Enforcement (Councilmembers Alfaro and Steffen) Objective: Councilmember Alfaro (with Councilmember Steffen as her second) is request- ing an agenda item to discuss the comments and information conveyed during the city’s community forum on immigration enforcement conducted on January 7, 2026 at the Her- itage Ballroom in the Edward Schock Centre of Elgin. Announcements from Council Announcements from Staff Executive Session K. Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Spe- cific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Adjournment Committee of the Whole Agenda – January 14, 2026 Page 3 PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individ- uals with disabilities who plan to attend this meeting and who require certain accommodations 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: A MEETING DATE: January 14, 2026 ITEM: Kimball Street Traffic Signal Interconnect Project—Phase III Engineering Services Agreement with Hampton, Lenzini and Renwick, Inc. ($49,891) OBJECTIVE: Provide field inspection, design interpretation, contract administration documentation and gen- eral coordination and control of the day-to-day construction activities for the Kimball Street Traf- fic Signal Interconnect project. RECOMMENDATION: Approve the engineering services agreement with Hampton, Lenzini & Renwick, Inc. providing construction engineering service for the Kimball Street Traffic Signal Interconnect project con- sistent with Illinois Department of Transportation guidelines for federally funded projects. Hampton, Lenzini & Renwick, Inc. (HLR) is being recommended to be hired as the city’s engineer- ing consultant to provide construction engineering services for the Kimball Street Traffic Signal Interconnect Project. HLR will be performing field inspections, providing design interpretation, administering the construction contract and coordinating project activities to ensure the work is completed properly, on schedule and in full compliance with federal and state requirements. The Kimball Street Traffic Signal Interconnect Project will be modernizing and coordinating traffic signals along Kimball Street from Dundee Avenue to North Grove Avenue. The project is supported by a federal Congestion Mitigation and Air Quality (CMAQ) grant, which funds 80 percent of eli- gible project costs, with the city responsible for the remaining 20 percent. This engineering ser- vices agreement is similarly eligible for the same 80/20 federal-to-local cost-sharing, meaning the city will be reimbursed $39,913 at the end of the project for the $49,891 contract. BACKGROUND Elgin was awarded $541,225 in federal funding through the Congestion Mitigation and Air Quality (CMAQ) Improvement Program for the Kimball Street Traffic Signal Interconnect Project. The city council has previously supported this initiative in two prior actions: approving the Phase II engi- neering agreement with Hampton, Lenzini & Renwick, Inc (HLR) in the amount of $51,840 in March 2025 and approving the required local funding match resolution on December 17, 2025 that committed $135,306 in city funds for the project. The Phase III engineering services agree- ment with HLR represents the next required step in providing technical assistance to advance the project toward construction. The city submitted the Kimball Street Traffic Signal Interconnect Project in response to the 2023 Chicago Metropolitan Agency for Planning (CMAP) call for projects. The project was selected for award in the amount of $541,225 in federal CMAQ funds representing 80 percent of eligible con- struction and construction engineering costs. As the Local Public Agency (LPA), the city is required by the Illinois Department of Transportation (IDOT) to formally authorize Phase III construction engineering services using IDOT’s Bureau of Local Roads (BLR) 05530 Local Public Agency Engineering Services Agreement. The city has iden- tified HLR as the consultant for Phase III services, as they have assisted with project development to date and have coordinated closely with the city and IDOT to ensure continued eligibility for federal funding. The Phase III engineering services agreement is eligible for the same 80/20 federal‐to‐local cost‐ sharing structure as the overall project. The city’s local share includes $125,328 for construction costs and $9,978 for construction engineering services. IDOT requires an executed BLR 05530 agreement in order to continue processing and obligating federal CMAQ funds. The Kimball Street Traffic Signal Interconnect Project includes replacement of five traffic signal cabinets and controllers, installation of new video detection equipment, deployment of uninter- ruptible power supply systems, select signal post upgrades, and installation of approximately 2,000 feet of fiber‐optic cable to establish a coordinated signal system. These improvements will modernize corridor operations, enhance intersection reliability, and support regional air quality objectives by reducing unnecessary vehicle idling. Approval of this engineering services agreement satisfies IDOT’s requirements and allows the project to advance toward public bidding and construction in accordance with applicable federal and state guidelines. OPERATIONAL ANALYSIS The city routinely engages engineering consulting firms to provide construction engineering ser- vices for capital improvement projects. These services include daily field inspections, documen- tation and reporting, coordination with contractors, and overall project oversight necessary to ensure projects are constructed in accordance with approved plans, specifications, and sched- ules. Because this project is funded in part with federal transportation dollars, the Illinois Department of Transportation (IDOT) requires the use of the BLR 05530 – LPA Engineering Services Agreement 2 to document construction engineering services. This IDOT-prescribed form replaces the city’s standard agreement and has been reviewed and approved by the city’s Legal Department. IDOT further requires all LPAs receiving federal transportation funds to formally document their commitment to construction engineering services as a condition of federal funding eligibility. This requirement ensures compliance with federal guidelines and authorizes IDOT to obligate federal funds for eligible projects. Upon approval, the agreement will be submitted to IDOT as part of the federal authorization process, allowing IDOT to complete funding eligibility reviews and advance the project toward bidding and construction in accordance with the programmed 2026 fiscal year letting. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The proposed agreement contemplates construction engineering services in an amount of $49,891, as detailed in the fee estimate contained within the agreement. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.30-03 275009 $75,000 $75,000 LEGAL IMPACT Approval of this agreement would require an exception to the procurement ordinance, which requires approval by two-thirds of the city council for acceptance. ALTERNATIVES The city council may choose not to approve this agreement and by doing so, the city risks losing the awarded CMAQ funding. NEXT STEPS 1. Execute the construction engineering services agreement with Hampton, Lenzini & Renwick, Inc. (HLR). 2. Issue notice to proceed to HLR to begin work when construction bid is awarded. 3 Originators: Aaron Neal, Director of Public Works Mike Pubentz, Public Services Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Local Public Agency Engineering Services Agreement – IDOT BLR 05530 4 1-14-26 1-14-26 Richard G. Kozal, City Manager AGENDA ITEM: B MEETING DATE: January 14, 2026 ITEM: Box, Inc. Cloud-Based Data Storage and Business Productivity Platform—Software Subscription Agreement ($1,224,160 Over Three Years) OBJECTIVE: Maintain a cloud-based and artificial intelligence (AI)-focused business productivity platform in- cluding data storage and document management that integrates with existing city technologies. RECOMMENDATION: Approve the renewal agreement with Box, Inc. annually for a three-year agreement in the amount of $1,224,160 over three years. Staff is recommending an early renewal and upgrade of the city’s Box agreement to the Enterprise Advanced tier to support modern collaboration, strengthen cybersecurity and establish a gov- erned internal artificial intelligence (AI) platform. Since its adoption in 2016, Box has evolved from a file storage solution into a core productivity and knowledge platform used across departments, with accelerating adoption of collaboration and AI-enabled features. The proposed upgrade ex- pands Box’s AI capabilities, enabling agent-based workflows that improve consistency, efficiency, and institutional knowledge retention while aligning with the city’s strategic plan. This investment positions the city to responsibly adopt AI at scale while preserving flexibility, security and long- term value. BACKGROUND Box is one of the most versatile enterprise software platforms in use across the city organization, providing functionality that both complements and enhances the city’s broader technology eco- system. Since its adoption in 2016, the city’s use of Box has matured. What began as a cloud- based document storage solution has evolved into a core business productivity platform that supports collaboration, workflow efficiency and modern information management across de- partments. Traditional Benefits of Box At its core, Box provides the city with secure, cloud-based storage for files such as documents, PDFs, images, video and text files. These file types are commonly referred to as unstructured data. Unstructured data represents the majority of information traditionally stored on computers or network drives, as opposed to structured data, which is organized within databases. Currently, the city stores approximately 98.6 terabytes of unstructured data in Box. To put this into per- spective, this is equivalent to approximately 24.6 million digital photographs, or one photo taken every second for 284 consecutive days. In recent years, unstructured data has become as valuable, if not more valuable, than structured data, particularly due to advances in artificial intelligence and large language models. These tech- nologies rely heavily on large volumes of unstructured content for analysis, summarization, and knowledge retrieval. With nearly all city files stored centrally, Box effectively serves as a compre- hensive knowledge base that positions the city to take advantage of current and future AI capa- bilities. Beyond storage, Box provides functionality that improves data integrity, accessibility and collab- oration. Built-in versioning ensures that files are not inadvertently overwritten or compromised, allowing users to restore prior versions when needed. Box enables secure file sharing for public use or with external partners while ensuring access is governed by city-defined permissions. Files are accessible from any location and on any device, supporting a modern and flexible workforce. In addition, Box extends the functionality of Microsoft Office applications such as Word, Power- Point and Excel by allowing users to create and edit documents directly within a web browser with automatic saving and version control. Box also plays a significant role in strengthening the city’s cybersecurity posture. By reducing reliance on traditional internal network drives—which can allow attackers to move laterally through systems once a single device is compromised—Box shifts access to a controlled, identity- based model that is monitored and auditable. Box Shield provides real-time monitoring of file activity and can block suspicious behavior, including unapproved international access. The city further benefits from Box’s adherence to rigorous security and compliance standards, including FedRAMP, HIPAA, PCI DSS, and NIST 800-171. Finally, Box integrates with the city’s Salesforce customer relationship management system to provide document storage for records associated with the 311 Contact Center, code compliance, work orders and asset management. Staff can access Box-stored files directly from a specific Salesforce record. For example, documents related to a code compliance case are stored in a dedicated Box folder and surfaced within Salesforce. This allows staff to manage their work from a single interface, improving efficiency and reducing duplication. Current State of Artificial Intelligence in Box Artificial intelligence (AI) has become a central component of Box’s overall value to the city. In addition to its traditional benefits, Box continues to introduce new functionality that now extends across nearly all areas of the Box. The version of Box AI currently deployed by the city is conver- sational in nature. This category of AI enables users to interact with documents and information using natural language, with the system acting as an assistant that can analyze content, generate 2 summaries and produce draft responses based on user-directed prompts. For the purposes of this memo, this capability is referred to as “Box AI Standard.” Within the city’s Box environment, Box AI can be applied to individual files and folders, used within Box Notes and Box Canvas and leveraged across Box Hubs, which are discussed in greater detail later in this memo. Box AI does not browse the public internet and instead generates responses exclusively from city documents that the user is authorized to access. For internal government use, this constraint is a strength rather than a limitation. By grounding responses strictly in content already stored in Box and governed by existing permission models, Box AI improves the reliability of its outputs. This approach materially reduces the risk of data leakage, minimizes the likelihood of misinfor- mation, and prevents the system from generating authoritative answers where no supporting information exists. Business Productivity Tools within Box Box Notes Box Notes provide a simple way for staff to create and collaboratively edit notes in real time. When a Box Note is created, multiple users can work within the same document simultaneously, with changes saved automatically and retained within Box for ongoing access. Notes support long-form, persistent documentation and allow institutional knowledge to be captured in a more informal and flexible format than traditional documents. Box Notes also support the use of Box AI directly within the note itself. This allows users to gen- erate content, refine existing text, or ask questions about the material using Box’s large language models. As of this writing, there are 3,709 Box Notes within the city of Elgin’s Box environment. Since 2016, annual Box Note modifications have grown from 30 to 790, representing nearly a twenty-six-fold increase and demonstrating sustained and accelerating adoption across the or- ganization. Box Canvas Box Canvas is a lightweight process and workflow design tool within Box. Similar in concept to products such as Lucidchart, Box Canvas allows users to quickly create diagrams, workflows, and visual representations and store them alongside related documents in a single, centralized loca- tion. This supports clearer documentation of processes and reduces the need for separate dia- gramming tools. Box Hubs Box Hubs are curated landing pages within Box that bring together key files, folders, and refer- ence information into a single, organized view. Rather than navigating multiple folders or sys- tems, staff can use a Hub to quickly access the most current and relevant materials related to a 3 specific project, initiative, or department. Hubs provide a controlled-access publishing mecha- nism that reduces reliance on email attachments and minimizes version confusion. Because the city’s documents already reside in Box, Hubs function as a presentation layer on top of existing content rather than as a separate document repository. This avoids duplication, syn- chronization challenges, and parallel libraries that commonly arise when site-based publishing tools such as Microsoft SharePoint are used. Updates are made once in Box and are immediately reflected in the Hub, ensuring staff are always viewing the same authoritative content. By con- trast, SharePoint often requires content to be copied or reorganized into site libraries to present information effectively, which can introduce uncertainty about where the official version resides. Box Hubs preserve a single source of truth, honor existing permissions, and remain straightfor- ward to maintain and audit, making them well suited for distributing internal city information at scale. A key differentiator of Box Hubs is the integration of AI capabilities. Box Hubs allow users to in- teract with content using Box AI and large language model features. For example, when an em- ployee took an extended medical leave, a Hub was created containing documentation, tutorials, notes, and guidance to support their temporary replacements. Using Box Hub AI, staff were able to ask questions as if the employee were present and receive natural-language answers based on the Hub’s content. While Hub usage is currently limited, this functionality was introduced within the past year, and its adoption is still in its early stages. As of this writing, the city has 27 Box Hubs. There is signifi- cant opportunity for growth, and with targeted use cases and awareness, adoption is expected to follow a trajectory similar to Box Notes. The most frequently used Hub to date is the Fire De- partment Policy Hub, which has received 196 views since its creation earlier this year. Box Sign Box Sign is Box’s integrated electronic signature solution, allowing documents stored in Box to be securely sent for signature and automatically returned without leaving the platform. Signed documents, audit trails, and final versions are retained together in a single location, simplifying records management and reducing reliance on separate e-signature tools. Since 2023, more than 400 electronic signatures have been completed using Box Sign. OPERATIONAL ANALYSIS The city’s current contract with Box extends through 2026. This proposal recommends renewing the agreement early for an additional three-year term covering 2026, 2027 and 2028, and up- grading the platform to the Enterprise Advanced tier. The proposed upgrade introduces several enhancements, most notably expanded artificial intelligence capabilities through Box AI. The most significant change associated with this upgrade relates to how Box AI operates. The current implementation of Box AI is conversational and relies on direct user prompts, after which 4 the large language model generates a response. This approach works well for one-off questions or isolated requests. However, it is less effective when users require consistent tone, formatting, or structured outputs, or when multiple steps must be performed as part of a single workflow. Box AI Advanced introduces agent-based capabilities that address these limitations. Agentic AI operates using predefined instructions rather than ad hoc prompts, draws from stored and trusted knowledge sources, performs intermediate actions, and produces outputs that are con- sistent in tone and format. In addition, Box AI Advanced can extract metadata such as key terms, dates, and numeric values from documents and use that information in subsequent steps. This significantly expands the number of practical use cases for Box AI across city operations. To illustrate the value of agent-based AI, consider a common scenario involving vendor outreach. A staff member may want to respond to a vendor email in a professional but firm manner. Using a general-purpose language model, the user might request a professional response and then manually refine the tone, formatting, and content, often with inconsistent results. By contrast, an agent can be configured with detailed, repeatable instructions, an example of which is in- cluded as Attachment A. These instructions define how the agent handles vendor and sales in- quiries on behalf of a department. The agent first prompts the user to indicate whether there is interest in the product or service. Based on that response, the agent generates a standardized, paste-ready email in a consistent tone and format. If the city is not interested, the agent consults the contract knowledge base to identify any overlapping systems and includes the applicable contract end date in the response, explicitly inviting the vendor to follow up three months prior to expiration. Once deployed, this agent can be used by any staff member who interacts with vendors. The downstream benefit is that vendors who may ultimately be valuable to the city are no longer ignored or prematurely dismissed. Instead, they are directed to re-engage at exactly the right time, when a contract is approaching renewal and staff are prepared to evaluate alternatives. This reduces staff effort spent tracking contract timelines, ensures more informed procurement conversations, and improves overall vendor management without increasing administrative bur- den. Another practical example is a bid review agent. This agent could be provided with the city’s specific bid and contract requirements and instructed to evaluate each submission for respon- siveness. For responsive bidders, the agent could generate text for customized acceptance or denial letters. The proposed upgrade also includes document generation capabilities, which could extract relevant metadata from a bid and pre-populate documents for staff. A second agent could then use these letters or the winning bid itself to generate council memorandum text, al- ready formatted, to be placed into a council memo. This process could be completed within minutes, with multiple draft documents prepared for staff review and routing for signature using Box Sign. 5 The upgraded version of Box also introduces Box Forms. Box Forms allow staff to create web- forms, collect information and supporting files, trigger workflows, generate documents, initiate electronic signatures, extract structured data and run Box AI queries as part of an automated process. This functionality overlaps with areas historically addressed by Laserfiche. The city’s current version of Laserfiche is functional and integral to city operations. Laserfiche operates from on-premises city computers, and Laserfiche recently informed its customers that it will be transitioning to a cloud-based platform within approximately five years. It is possible that some functions currently handled by Laserfiche could be supported by this new version of Box. However, at this time, Laserfiche continues to offer more robust automation capabilities, deeper system integrations and more advanced form functionality. A direct comparison between the two platforms is not feasible until staff have hands-on experience with Box Forms and the expanded automation features included in the proposed upgrade. This upgrade positions the city to evaluate future workflow and document management strategies while maintaining flexibility and avoiding premature commitments. The city’s strategic plan includes the establishment of an organization-wide internal artificial in- telligence policy. Key components of this policy will define which AI tools staff are authorized to use, as well as when and how those tools may be applied. Upgrading the Box platform directly supports this objective by providing staff with a highly capable AI toolset that can be centrally governed and controlled. From a policy perspective, Box AI provides a clear answer to the ques- tion, “What AI should staff be using?” Maintaining a single, protected AI ecosystem helps the city avoid the risks associated with a frag- mented approach in which individual departments adopt their own AI tools and create isolated knowledge bases. Such an approach requires ongoing maintenance, can quickly become out- dated, increases administrative overhead, and introduces security and compliance concerns. The city must retain control over where its internal documents are stored and how they are accessed by large language models. Many commercially available AI tools are not contractually bound to ensure that information entered, uploaded, or disclosed remains private. In addition, public-fac- ing AI tools routinely access the internet, which introduces risk when generating or drafting con- tent in a professional government setting. Box AI addresses these concerns by limiting responses exclusively to documents stored within Box and enforcing existing permission structures. This ensures staff cannot access, through an AI interface, any content they would not otherwise be authorized to view. Box AI does not retain, cache, or store user prompts beyond the duration of the active session. Box does not train its models on city data, nor do any third-party vendors train on data processed through Box. These safeguards are critical to establishing clear and enforceable guidance for staff use. There remains a role for internet-enabled AI tools for high-level research, writing refinement, and other limited, ad hoc use cases. However, for in-depth content generation, agent-based workflows, and any use case that requires reference to internal city documents, Box AI serves as 6 the city’s primary and sanctioned AI platform. This alignment ensures consistency with the Stra- tegic Plan while reducing risk and maintaining operational control. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The city’s current Box agreement costs $314,160 annually and has remained unchanged since 2022 when the existing contract was executed. Staff are proposing an early renewal of the agree- ment by one year to take advantage of a vendor incentive that includes an upgrade to the Enter- prise Advanced tier at no additional cost during the first year of the renewed term. The total cost of the proposed three-year agreement is $1,224,160. This includes $314,160 in the first year, followed by $455,000 in each of the remaining two years. When averaged across the term, the annualized cost is approximately $408,054 per year. This increase reflects expanded platform capabilities and advanced AI functionality. On a per-user basis, the city currently pays approximately $370 per user per year for Box. Under the proposed agreement, the incremental cost to move to the Enterprise Advanced platform equates to approximately $8.94 per user per month. This increase must be evaluated in the con- text of the functionality gained and the potential cost of purchasing comparable productivity tools. Excluding cloud storage, which is a foundational component of the city’s cybersecurity strategy and not practical or feasible to replace due to the scale of data migration, operational disruption, and security risk involved, Box delivers several productivity tools that would otherwise require separate licensing. For example, comparable products to Box Notes include Atlassian Confluence, Notion, or Microsoft OneNote. Confluence and Notion are subscription-based platforms and are estimated to cost approximately $61,000 and $168,000 per year, respectively, for 875 users. While OneNote is included in the city’s Microsoft licensing, its AI capabilities are not available without an additional AI license. For diagramming and process visualization functionality comparable to Box Canvas, commonly used platforms include Lucid and Miro. Estimated enterprise pricing for 875 users is approxi- mately $155,000 per year for Lucid and $111,000 per year for Miro. For electronic signature func- tionality equivalent to Box Sign, DocuSign would be the most comparable alternative, with esti- mated costs of approximately $5,000 per year based on current city usage patterns. When com- bined, the cost of replacing these Box features with standalone enterprise tools would range from approximately $177,000 to $328,000 per year, excluding storage, integration effort, and administrative overhead. This comparison demonstrates that Box remains cost-effective even before accounting for AI capabilities and operational efficiencies gained through platform con- 7 solidation. (Pricing estimates were obtained from Vendr.com, an independent SaaS pricing intel- ligence and vendor benchmarking platform commonly used by public and private sector organi- zations to assess market-based software costs.) From an artificial intelligence standpoint, any realistic alternative to Box AI would require direct access to the city’s unstructured data to deliver comparable value. Box is uniquely positioned in this regard, as the city’s documents already reside within the platform and are governed by es- tablished permission structures. Other AI platforms would require significant integration work to securely access Box content, resulting in additional development effort, ongoing maintenance, and increased complexity. For comparative purposes, Microsoft Copilot represents the closest alternative, given the city’s existing Microsoft 365 environment. Copilot pricing is approximately $30 per user per month for internal AI agent creation. For 875 users, this equates to nearly $300,000 per year for AI licensing alone, without accounting for the effort required to restructure content within SharePoint to support effective AI use. Other enterprise AI offerings are priced similarly or higher. OpenAI’s ChatGPT Enterprise is estimated at approximately $420,000 annually for 875 users, while An- thropic’s enterprise offering is estimated at approximately $240,000 annually. These estimates do not include professional services required to integrate these tools with Box, nor do they ac- count for governance, security, or policy alignment considerations. Beyond cost, selecting a single-vendor AI platform introduces long-term strategic limitations. Many enterprise AI offerings are tightly coupled to a specific large language model, which con- strains flexibility as models evolve and new capabilities emerge. Box AI takes a model-agnostic approach and allows agents to be created using different underlying models, enabling the city to select the most appropriate model for each task based on accuracy, performance, cost, or risk profile. This flexibility avoids vendor lock-in and ensures the city can adapt as the AI landscape continues to change without replatforming core systems. Viewed holistically, the proposed Box upgrade delivers expanded productivity, advanced AI ca- pabilities, and long-term strategic flexibility at a lower overall cost and with less operational risk than assembling and managing a comparable toolset across multiple vendors. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Equipment Replacement 601-4800-796.40-06 N/A $314,160 $314,160 LEGAL IMPACT The proposed agreement constitutes an exception to the procurement ordinance requiring ap- proval by two-thirds of the members of the city council. 8 ALTERNATIVE COURSES OF ACTION The city council may choose not to approve the agreement renewal with Box Inc. The city council may also elect to simply continue the current contract with Box through 2026. Staff would use 2026 to negotiate terms of a renewal agreement with Box that would not include an upgrade to Box Enterprise Advanced. NEXT STEPS Execute order renewal documents. Originators: Aaron Cosentino, Chief Technology Officer Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, city Manager ATTACHMENTS A. Example “Vendor Reply Bot” Instructions B. 2026 Service Order and Box Subscription Agreement C. Total Cost of Ownership Supplement from Box, Inc. 9 Vendor Email Response Assistant Guide You are an email response assistant specializing in replying to vendor or sales inquiries. Process Overview 1. Input: You will receive an email from a vendor or salesperson. 2. Prompt the user: Ask whether they are: a. Interested, or b. Not interested in the offering. If the user is interested: • Ask for: o A preferred date/time for a meeting. o A preferred method of communication: phone call, video call, or email. • Then generate a paste-ready email response that: o Acknowledges the vendor’s inquiry. o Expresses interest. o Includes the user's selected meeting time and method. o Uses courteous and professional language that indicates the request was considered. If the user is not interested: • Ask whether they would like to respond: o Specifically, or o Generally. If specifically: • Review the internal contract knowledge base to identify: o The current system or vendor that overlaps with the offering. o The contract end date for that system. • In the response: o Reference the existing system at a high level. o State the contract end date. o Invite the vendor to reach out approximately three months prior to the contract’s expiration if they wish to be considered during a future evaluation of alternatives. If generally: • No competing system details are required. • The response should still: o Decline the offer courteously. o Indicate the city operates under long-term contracts. o Optionally invite the vendor to monitor the city’s RFP process. • Optionally reference the city’s RFP page: o https://elginil.gov/93/Bids-Request-for-Proposals Requirements • All responses must be immediately paste-ready: o No subject line. o No email signature. o No placeholders. • Do not include a closing salutation (e.g., "Best regards"). • Emails are written from the perspective of an IT department that: o Manages many systems. o Typically works under multi-year vendor contracts. • Tone should be: o Courteous and professional at all times. o Clear and assertive when declining. Contract Cross-Check Instruction When declining a vendor specifically: • Search the contract knowledge base to identify: o The incumbent system or vendor. o The contract expiration date. • Include the expiration date in the response and explicitly state that: o The department typically evaluates alternatives approximately three months prior to contract expiration. o The vendor may re‑engage at that time if interested in participating in a future review. • If no relevant contract is found: o Default to a general decline without system details. Box, Inc. 900 Jefferson Ave Redwood City, CA 94063 Executed Order must be received by: January 30, 2026 Service Order This Box Service Order (“Order”) is entered into by and between Box, Inc. ("Box") and City of Elgin ("Customer") as of the Service Start Date. This Order will be made subject to the existing Box Service Agreement or other applicable governing agreement mutually agreed between Box and Customer effective as of the date of this Order, which is hereby incorporated into this Order by reference, and located at the following link https://cloud.box.com/s/vbknf9ov0aq21zbw0g52tzd60uv8mevd. Order Details City of Elgin Billing Terms 150 Dexter Court Service Start Date1: January 30, 2026 Elgin Service Renewal Date: January 30, 2029 Illinois Payment Frequency: Annual 60120 Payment Method: Check United States Payment Terms: Net 30 Quote Number: Q-00375290-A Enterprise ID: 837018 Bill To2: Sold To: Name: Aaron Cosentino Name: Aaron Cosentino Email: cosentino_a@cityofelgin.org Email: cosentino_a@cityofelgin.org Phone: +1 847 214 5861 Phone: +1 847 214 5861 Products Service Period #1: January 30, 2026 to January 29, 2027 Product Name Payment Type Total Price Enterprise Advanced Recurring $ 314,160.00 Service Period #2: January 30, 2027 to January 29, 2028 Product Name Payment Type Total Price Enterprise Advanced Recurring $ 455,000.00 Service Period #3: January 30, 2028 to January 29, 2029 Product Name Payment Type Total Price Enterprise Advanced Recurring $ 455,000.00 Total One Time Charges: $ 0.00 USD Total Order Amount: $ 1,224,160.00 USD Q-00375290-A Box, Inc. 900 Jefferson Ave Redwood City, CA 94063 Executed Order must be received by: January 30, 2026 Service Order Additional Terms The Enterprise Advanced product entitles Customer to the applicable products and features described in the Feature Matrix found attached or at the following link: https://cloud.box.com/s/mznm291s3jaxjk5abt1obf21kthg3x4l, which is hereby incorporated into this Order. Additionally, Customer will be entitled to the following Zones-Multi Location(s): US (Box Service Providers) - default. Notwithstanding anything to the contrary in the foregoing, the Enterprise Advanced product is for a total of 875 employees (“Employee Limit”) during the Subscription Period of this Order. As part of the Enterprise Advanced product, Customer will be granted Platform Resources with the following Platform Use Limits: 1,000,000 Monthly Platform API Calls, 10,000 Monthly Active Users. For the avoidance of doubt, Monthly Active Users, Monthly Platform Bandwidth and Monthly Platform API Calls limits are not cumulative and do not carry over to subsequent months. On a quarterly basis, Box and Customer will assess Customer's usage of Platform Products over and above the Platform Use Limits herein as reported to Customer by Box (“Deployment Report”). For the avoidance of doubt, usage of Platform Products shall be assessed based on an average of the Monthly Active Users, Monthly Platform API Calls, and Monthly Platform Bandwidth in the trailing twelve-month period. Platform Storage shall be assessed at the time of the assessment as reported in the Deployment Report. For the first consecutive renewal of this Order, as long as the amount of recurring product types identified as Recurring Charge Types as per the order form (“Recurring Products”) purchased during such renewal and the duration of the contract term are equal to or greater than the number of Recurring Products and the duration of the contract term previously purchased, the Parties agree that the fee per unit for each Recurring Product will not increase by more than 5%. If the Subscription Period is longer than one year, the base price for the per unit rate will be the rate in the final twelve (12) months of the subscription period. Recurring Products purchased under this paragraph are solely for use by Customer. The 875 Enterprise Advanced Account Licenses purchased under this Order are replacing the existing licenses purchased by Customer ("Replaced Licenses"). Any credits for pre-paid fees covering the remainder of the Subscription Period of the Replaced Licenses shall be applied to the fees due and payable under this Order. As an example, if the Box Service under this Order is signed and provisioned on January 30, 2026 then Customer would be eligible for an estimated credit amount of $292,642.18 USD. For the avoidance of doubt, the final credit amount will be calculated from the date Box provisions the Box Services purchased under this Order through the remainder of the Subscription Period of the Replaced Licenses. Q-00375290-A Box, Inc. 900 Jefferson Ave Redwood City, CA 94063 Executed Order must be received by: January 30, 2026 Service Order Signature IN WITNESS WHEREOF, Customer has authorized this Order as of the Date of signature below. Customer City of Elgin Signature: \si1\ [[s|0]] Name (Print): \na1\ [[t|0]] Title: \t1\ [[t|0]] Date: \dt1\ [[d|0]] Box Forms Addendum to the Agreement can be found at the following link: https://legal.box.com/v/FORMSAv11192024 Some products in this Order are subject to supplemental terms which may already be included in your Agreement. To the extent your Agreement does not already contain supplemental terms for the use of those products, the applicable terms can be found in the Consolidated Product Addendum to the Agreement, which is incorporated into this Order by reference and can be found at the following link: https://legal.box.com/v/All-InclusivePAv11092023. For the avoidance of doubt, in the event of a conflict between the Consolidated Product Addendum and any product-specific terms in your Agreement, conflict shall be resolved by giving precedence to your Agreement. Enhanced Services Level: Premier Premier Services datasheet can be found at the following link: https://cloud.box.com/v/Premier-Services The Box Data Processing Addendum (DPA) is made available for business enterprises that process and transfer data from the European Economic Area and the United Kingdom to ensure compliance with EU and UK data protection laws. Further information regarding our DPA and data privacy may be found here: https://www.box.com/gdpr. 1 If this order is executed by Customer or received by Box after the Service Start Date above, Box may adjust the Service Start Date based on the date Box provisions the products listed. 2 Please note: All future invoices and billing inquiries will be emailed to this contact. Unless otherwise set forth in this Order, during the Subscription Period Box will periodically assess Customer's usage of the products purchased herein. In the event that Customer’s use of the products is in excess of the amount purchased herein, Box reserves the right to issue an order for the number of additional products utilized by the Customer to be purchased by Customer on a prospective basis. Customer will either agree to said purchase or cease use of the additional products. Unless Premier Support is purchased under this order, SLC credits are not provided. Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of the Customer. This is an Order not an invoice. Notwithstanding anything to the contrary in the underlying agreement between the parties, any terms and conditions in any purchase order or similar documents issued by Customer shall be null and void. Q-00375290-A Value of Box Executive Summary Business Value Case for Box + City of Elgin Key Benefits 3-year ELA With 875 Seats Ramped • Metadata contract efficiencies • Streamlining workflows and document generation Total Est. Annual Savings through E-Advanced Capabilities based on peer results: • Improved content discovery and searchability, including multi-image-doc queries, allowing employees to focus on higher-value tasks $494K • Improved data governance and compliance Total Cost: $1,224,160 Qualitative Benefits • Improved employee experience • Improved citizen experience License Savings vs. the 2027 E-Advanced Upgrade: • Reduced risk from increasing visibility as a result of tagging all metadata fields appropriately $151K Illustrative Enterprise-Advanced Savings for City of Elgin: Department Enterprise Advanced Capability Conservative Annual Savings Community Development & Doc Gen from Salesforce (Code Change Notices); Forms; Apps $49,000 Neighborhood Services Eliminates manual re-typing, permit packets, notices Code Compliance Multi-Doc AI Queries; Hubs+AI across violations, cases, photos, and notices $44,000 Forms; Advanced Workflows; Metadata Extraction $30,000 Engineering Avoids custom engineering hours (Est. 100 dev hours saved) Finance/Purchasing Metadata Extraction; Advanced Workflows; Apps $59,000 Box AI; 500 GB uploads; Doc Gen; Archive; Box Hubs+AI Legal $64,000 Box Forms + Extract eliminates manual data entry/filing. (Est. 15 mins saved per contract) Clerks Forms; Apps; Advanced Workflows; Hubs $74,000 HR Multi-Doc AI Queries; Apps; Advanced workflow $34,000 IT Doc Gen & APIs $30,000 500 GB uploads $20,000 Police Saving 10 mins/file on massive assets. (Est. 50 large assets/week) Forms Intake/Permitting, Image+Multi-Doc Queries $30,000 Fire Consolidate separate Form builder and advanced OCR tools. Manager’s Office AI Neutral $0 Public Services/Water AI Neutral; Forms for intake and routing $15,000 Communications Forms, Hubs, AI Agents for publishing and records $20,000 Department (Validation in Progress) Enterprise Advanced Capability Public Health Metadata Extraction; Compliance Enablement $25,000 Conservative Assumptions: Average Salary $70k |Partial adoption only | 5-10 minutes per day saved per employee Current Contract On January 5, 2026 the City of Elgin will enter the final year of its existing five-year contract Term Item Quantity List Price Discount % Discounted Cost Total Annual Amount (per user, per month) (per user, per month) Jan 2022 - 2023 E+ 850 $50 38% $30.80 $314,160 Jan 2023 - 2024 E+ 850 $50 38% $30.80 $314,160 Jan 2024 - 2025 E+ 850 $50 38% $30.80 $314,160 Jan 2025 - 2026 E+ 850 $50 38% $30.80 $314,160 Jan 2026 - 2027 E+ 850 $50 38% $30.80 $314,160 TCV: $1,583,800 Additional Terms: Benefits: Considerations: • Five (5) Year Term • Predictable Cost Structure • SKU Limitations • Start Date: January 5, 2022 • Ease of Administration (renewals, negotiations • Reduced Support for AI / Innovation • End Date: January 5, 2027 avoided year over year • Renewal Inflection Point – Elgin must evaluate • 10k MAUs and 1M Monthly API Calls • Proven Platform Adoption. Maintained whether to continue to modernize to Box E-ADV consistent user growth and access (+31 users per year avg) Renewal Concept – Three-Year Ramped ELA Strategic modernization within Elgin’s existing budget, built for growth Term Item Quantity List Price Discount % Discounted Cost Total Annual Amount (per user, per month) (per user, per month) Jan 2026 - 2027 E ADV 875 $70 58.4% $30.80 $314,160 *No Change Jan 2027 - 2028 E ADV 875 $70 38.1% $43.33 $455,000 Jan 2028 - 2029 E ADV 875 $70 38.1% $43.33 $455,000 Average Annual Spend $408,053 Savings Vs. 2027 E-ADV Upgrade $151k+ Additional Terms: • Immediate $151k Cost Savings new capabilities • Three-Year Contract Commitment • Pricing Continuity, Year-One maintains same • Budget Timing: Ramp year forecasting in • Signature required on/before January 31, 2026 PUPY for your FY budget / existing contract alignment with offsetting spend • Maintains 10k MAUs and 1M Monthly API Calls • Ramped Investment Model: Spend increases • Pricing protection extended until 2029 gradually YoY to mitigate unbudgeted expenses Considerations: Benefits: • Change Management: New contract introduces Pricing: Box Consulting Ensuring optimal return on your investment into Box Duration Details Outcomes Cost 6-months collectively o Fixed Activity to enable 1. City of Elgin is enabled $50,000 Elgin on additional on functionality of o 3-months for functionality Enterprise Advanced o Pricing is intended to be an enablement activities estimate only and finalized 2. Additional processes payment will be provided o 100-hours for Flexible are deployed; focused on an executable Box Quote o 3-months for flexible deployment aligning to on tactical use cases / Order Form effort activities Elgin priorities 3. Backlog of activities determined for strategic partnership Link to Box Hub with detailed activities for Box Consulting project Unlock additional value with our newest, most powerful plan Additional Capabilities Capability Details Value Unlocked Box Apps Create special-purpose business dashboards to ↑ Business process completion accelerate mission-critical work ↓ Costs and reliance on IT Box AI for Metadata Extraction Extract metadata quickly & accurately, structuring ↑ Processing timelines & decision-making content to create efficiency & save costs ↓ Time on manual metadata management ↓ Risk due to over-retention Box Forms Easily design, preview and publish engaging web ↑ Partner & customer info capture and mobile forms ↑ Follow-on actions & automations Box Doc Gen Generate dynamic documents natively in Box from ↓ Time to complete contracts & orders multiple sources, incorporated into Relay workflows ↑ Workflow completion Box AI Studio Choose your own LLM model to work with Box AI, ↑ Adoption & ROI on AI investments leverage custom AI agents to accelerate work ↑ End user efficiency Box Archive Seamlessly manage disposition of content in a ↓ Costs of alternate storage secure and cost-effective manner ↓ Risks of breach or non-compliance Thank You AGENDA ITEM: C MEETING DATE: January 14, 2026 ITEM: National Street Bridge Rehabilitation Project—Design Engineering Services Agreement with HR Green, Inc. ($179,974) OBJECTIVE: Obtaining the engineering design services necessary to prepare the plans, specifications and es- timates required for the National Street Bridge rehabilitation construction project. RECOMMENDATION: Enter into a professional services agreement with HR Green, Inc. to complete the National Street Bridge rehabilitation design services. The National Street bridge receives biennial inspections as part of city's ongoing bridge inspection program to ensure it maintains a structural integrity level sufficient for safe usage by the traveling public. While the bridge meets requirements for safe travel, a comparison of recent inspections indicates increased deterioration in the overall bridge condition. Staff is recommending a preven- tive rehabilitation of the structure which will extend the useful life 10 –15 years, during which time planning efforts may begin for a future bridge replacement project. This agreement allows for the engineering analysis and design required to prepare construction plans and bid documents necessary to complete the rehabilitation efforts in 2026. BACKGROUND The National Street bridge is a four-span continuous concrete tee-beam bridge crossing the Fox River between S. Grove Avenue and Illinois Route 31 (State Street). It was originally constructed in 1949 and has been rehabilitated several times, most recently in 2017 which included full depth patching, and removal and replacement of the approach slab wearing surface. The piers and abutment pile caps are supported by untreated timber piles. The most recent inspection in 2024 indicates an increased level of deterioration when compared to the 2020 and 2022 inspections. The bridge is 76 years old, and the last major rehabilitation work was completed 35 years ago. The six-inch reinforced concrete deck is in fair condition in the driving lanes, while the concrete overlay is in poor condition and is delaminating from the deck. The concrete sidewalk is in critical condition with spalled concrete on the underside of the sidewalk. The reinforced concrete tee- beams are in fair condition, with spalling at the beam ends and some interior surfaces. The steel roller bearings at the abutments are in poor condition and no longer function as designed. The roller bearings at the piers are in satisfactory condition and the fixed bearings at the center pier are in good condition. The piers and abutments are in fair condition with cracks and spalled con- crete throughout. Due to its proximity to the two railroad crossings between the National Street bridge and the Illinois Route 31 (State Street) intersection, staff will be using this opportunity to investigate con- cerns over rail crossing safety, pavement markings and advance driver notifications. OPERATIONAL ANALYSIS A preliminary engineering analysis indicates several areas of repair, including the removal and replacement of bridge sidewalks, bridge deck scarifying and overlay, deck drain repairs, expan- sion joint replacement, bridge girder concrete repairs, pier and abutment concrete repairs, bridge bearing replacement and bridge railing replacement. Impacts to traffic and pedestrian movements will be determined during the design process. Design efforts will extend from February through April 2026, culminating in the advertisement for construction bids. Construction bids are tentatively scheduled to be received in May 2026 with construction of the improvements occurring between June and November 2026. A separate bid award recommendation will be brought before council once bids are received and reviewed. Design analysis will determine future impacts to railroad users, Pace bus and other stakeholders who will be contacted during the design process. INTERESTED PERSONS CONTACTED None at this time. Additional stakeholders will be contacted during the design process. FINANCIAL ANALYSIS Staff recommends entering into the National Street bridge design engineering services agreement with HR Green, Inc., in an amount not to exceed $179,974. Funds have been budgeted within the FY 2026 budget for bridge rehabilitation services. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Capital Improvement 385-0000-795.30-03 385012 $179,974 $179,974 2 LEGAL IMPACT Approving this agreement constitutes an exception to the procurement ordinance requiring ap- proval by two-thirds of the city council. ALTERNATIVES The city council may choose not to enter into the agreement, after which time staff would consider short term repair options available through various bridge contractors. Delay in making the repairs will likely hasten the rate of bridge deterioration which could result in Illinois Department of Transportation (IDOT)-mandated load restrictions. NEXT STEPS 1. Execute the agreement with HR Green, Inc. 2. Issue directive to engineer to begin work. Originators: Mike Pubentz, Public Services Director Aaron Neal, Public Works Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Design Engineering Services Agreement with HR Green, Inc., for the National Street Bridge Rehabilitation Project 3 AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _________, 20___, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and HR GREEN, INC. an Iowa corporation, authorized to do business in the State of Illinois; (hereinafter referred to as “ENGINEER”). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the National Street Bridge Rehabilitation Project (hereinafter referred to as the “PROJECT”); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Public Services Director of the CITY, herein after referred to as the “DIRECTOR”. B. The scope of services includes providing professional consulting services to prepare contract plans and specifications and bidding documents and to provide bid award and assistance services for the PROJECT. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder.  Executed Agreement and Notice to Proceed – January 29, 2026  Preliminary (60%) Engineering Plans – February 27, 2026  Pre-Final (90%) Engineering Plans – March 20, 2026  Final (100%) Contract Plans – April 10, 2026  Bid Award and Assistance – May 1, 2026 B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER’S execution of this Agreement shall constitute ENGINEER’S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER (Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement in a lump sum basis with a fee of $179,974.00 Dollars, regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. A detailed summary of the fee is attached hereto as Attachment C and incorporated into this Agreement by this reference. B. For outside services provided by other firms or consultants, the CITY shall pay the invoiced fee to the ENGINEER, plus 0%. The cost of any such outside services is included within the total lump sum fee amount of $179,974.00 provided for in Section 4A above. C. Mileage and printing costs are included as reimbursable costs. The cost of any such reimbursable expenses is included within the total lump sum fee amount of $179,974.00 provided for in Section 4A above. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. -2- Estimate Percent Estimated Value of Estimated Date Complete Work Complete Invoice Value 02/28/2026 40% $71,989.60 $71,989.60 3/31/2026 80% $71,989.60 $143,979.20 4/30/2026 95% $26,996.10 $170,975.30 5/31/2026 100% $8,998.70 $179,974.00 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. -3- 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further 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 which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER 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. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE The ENGINEER shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: -4- A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled “Indemnification” shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The ENGINEER will not discriminate against any employer 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 -5- job in question. ENGINEER shall 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. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds 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. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any section, sub-section, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS -6- The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; -7- D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: B. As to ENGINEER: Mike Pubentz Ajay Jain Public Services Director President - Water City of Elgin HR Green, Inc. 150 Dexter Court 1391 Corporate drive., Suite 203 Elgin, Illinois 60120-5555 McHenry, IL 60050-5528 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any -8- applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. 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 or email 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 or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By: ` City Manager Name/Print: Ajay Jain Title: President - Water City Clerk -9- Attachment A PROFESSIONAL SERVICES AGREEMENT For National Street over the Fox River Bridge Rehabilitation Mr. Mike Pubentz, P.E. Public Services Director City of Elgin 1900 Holmes Road Elgin, IL 60123-1200 (847) 931-5968 Mr. Jack Melhuish, P.E. HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry, IL 60050 Project Number 2503224.01T December 18, 2025 Version 2.3 02052021 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE Version2.3 02052021 Professional Services Agreement National Street Bridge Rehabilitation 2503224.01T December 18, 2025 Page 1 of 4 1.0 Project Understanding 1.1 General Understanding ENGINEER understands the work will include bridge preservation/rehabilitation work on Structure Number 045-6304, National Street over the Fox River. CLIENT is using local funds for the cost of the bridge preservation/rehabilitation. The bridge is 76 years old and the last major rehabilitation work was completed 35 years ago. fair condition in the driving lanes. The micro silica concrete overlay is in poor condition and is delaminating from the deck. The concrete sidewalk is in critical condition with spalled concrete on the underside of the sidewalk. The reinforced concrete tee-beams and diaphragms are in fair condition. Most of the beam ends have spalled off beyond the bearings. The center two beams located on each side of the previous longitudinal joint have spalled concrete on the interior sides and bottoms which have exposed the steel reinforcement bars. Section loss of the reinforcement bars is less than 10%. The steel roller bearings at the abutments are in poor condition designed. The roller bearings at the piers are in satisfactory condition. The fixed bearings at the center pier are in good condition. The piers and abutments are in fair condition with cracks and spalled concrete throughout. Based on previous correspondence with the CLIENT, and the June 3, 2025 bridge inspection by the ENGINEER, the assumed scope of the repairs will be as follows: Complete a Bridge Condition Report; Remove and replace the concrete bridge sidewalks; Remove and replace damaged sections of approach sidewalks; Scarify and overlay the bridge deck driving surface; Deck scupper downspout replacement utilizing existing scuppers. The work will conform below the existing girders and the drainage will free-fall to the river. The downspouts will not be connected to a closed drainage system or storm sewer system; Remove and replace the expansion joints; Concrete patching at damaged portions of the girders; Concrete patching and epoxy crack filling of the piers and abutments above water level; Remove the abutment roller bearings and replace them with elastomeric bearings; Remove and replace the railings. It is assumed that the work and access to the site will all be within the existing Right of Way (ROW) and no ROW acquisition or easements will be required. Version2.3 02052021 Professional Services Agreement National Street Bridge Rehabilitation 2503224.01T December 18, 2025 Page 2 of 4 Survey work and Load Rating computations have been completed as part of an advanced contract. 1.2 Design Criteria/Assumptions The repair design plans will generally conform to IDOT Standards for the various items as shown in the latest versions of the IDOT Bridge Manual, and the IDOT Structural Services Manual. IDOT Standard Specifications will govern the performance of the work. 2.0 Scope of Services The CLIENT agrees to employ ENGINEER to perform the following services: 2.1 Bridge Condition Report ENGINEER will submit an in-depth Bridge Condition Report (BCR) to IDOT based on the June 3, 2025 inspection. Work on BCR will be concurrent with the Design Plans. 2.2 Design Plans ENGINEER will prepare plans for the rehabilitation of the bridge. The anticipated list of sheets includes: Cover Sheet; General Plan and Elevation; General Notes, Index, Quantities, Highway Standards; Maintenance of Traffic Plans; Bridge Sidewalk Replacement Details; Bridge Deck Overlay Details; Concrete Beam Repair Details; Substructure Patching and Crack Filling; Expansion Joint Replacement Details; Drainage System Details; Bridge Railing Details; Elastomeric Bearings and Steel Pedestal Details; Expansion Joint Details; Roadway Striping Plan; Adjoining Sidewalk Repair Details; and Existing Bridge Plans. In addition to the plan set, ENGINEER will prepare cost estimates and Special Provisions as they relate to the work. Administrative work by ENGINEER is included. Coordination with Metra Railroad is included. 2.3 Bidding Documents, Assistance Version2.3 02052021 Professional Services Agreement National Street Bridge Rehabilitation 2503224.01T December 18, 2025 Page 3 of 4 ENGINEER will prepare bidding documents, respond to contractor questions, prepare agenda and advertise on the IDOT bulletin. ENGINEER will prepare a recommendation letter for Council award and verify the contractor submittal references as well as qualifications. 2.4 Meetings ENGINEER will schedule and attend a kickoff meeting and meet with CLIENT to review the pre-final and final plans. ENGINEER will prepare a meeting agenda and meeting minutes. 3.0 Deliverables and Schedules Included in this Agreement Design Plans, Specifications, and Estimates will be delivered to CITY in pdf format. Pre-final design plans and special provisions for the repairs outlined above will be provided for CLIENT in accordance with the schedule provided in Section 2A of the Agreement. Final plans and special provisions for a local letting will be submitted to the CLIENT two (2) weeks after pre-final comments are received by the ENGINEER. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of ENGINEER. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: The following items are not included as part of this agreement: Right of Way or Easement acquisition; Railroad Right of Access Agreements; Topographic survey; Infrared Thermographic Deck Survey; Deck sounding; Full depth deck patches; Construction Observation. Supplemental services not included in the agreement can be provided by ENGINEER under separate agreement, if desired. 5.0 Services by Others None. Version2.3 02052021 Professional Services Agreement National Street Bridge Rehabilitation 2503224.01T December 18, 2025 Page 4 of 4 6.0 Client Responsibilities Right of Way information for National Street and surrounding roads. 7.0 Professional Services Fee 7.1 Invoices Invoices for EGINEER . Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, ENGINEER may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CITY, suspend or terminate the performance of services. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid 60 days after the billing, ENGINEER may institute collection action and the CITY shall pay all costs of collection, including reasonable attorneys fees. 7.2 Extra Services Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.3 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.4 Fee and Payment The CLIENT AGREES to pay COMPANY on the following basis: Lump Sum amount of $179,974.00. Version2.3 02052021 Attachment C - Detailed Fee Summary ATTACHMENT D – LOCATION MAP National Street Bridge AGENDA ITEM: D MEETING DATE: January 14, 2026 ITEM: Honorary Street Name Designation for Pastor Jose Luis Hidalgo—East Highland Avenue Between Center Street and North Geneva Street (No cost) OBJECTIVE: Honor Pastor Jose Luis Hidalgo, who served as Pastor at Iglesia Carismatica Puerta de Sion for nearly 40 years, with an honorary street name designation. RECOMMENDATION: Designate East Highland Avenue, between Center Street and North Geneva Street, as an honor- ary street for Pastor Jose Luis Hidalgo. The city received an honorary street name application, endorsed by Councilmember Rosamaria Martinez, to designate a segment of East Highland Avenue in honor of Pastor Jose Luis Hidalgo. Pastor Hidalgo served as Pastor at Iglesia Carismatica Puerta de Sion for nearly 40 years, starting his ministry in Elgin in 1982. The church was originally located on Villa Street before it moved to its current location at the southeast corner of Highland and Center Street in 2000. Pastor Hidalgo built a network of local resources to help those in need. Hundreds of people are better off today because of his efforts, which were previously recognized by a proclamation from former Mayor Ed Schock in 2007. The proposed segment of East Highland Avenue is between Center Street and North Geneva Street. The procedures for honorary street name designations are codified in Chapter 13.27 of the Elgin Municipal Code. In addition to Councilmember Martinez endorsing the application, every property owner abutting the street supports the designation. The city’s application review group is recommending approval. BACKGROUND The “Honorary Street Names” ordinance (Chapter 13.27) was adopted in 1999 and updated in August 2019. It establishes the procedure for designating honorary street names for recognizing individuals who lived or worked in Elgin and have made significant and long-term contributions through cultural, humanitarian, historic or military achievement. The process requires submitting a completed application to the city clerk. The application is eval- uated by a review group consisting of two members of city council (currently Mayor Kaptain and Councilmember Martinez) and representatives from the city clerk's office, community develop- ment department and public works department. The review group forwards its recommendation to city council for final action. Applications must include the following: • The signature of a member of the city council endorsing the application and the proposed honorary street name; • A petition signed by not less than two-thirds of the owners abutting the street proposed for the honorary street name stating the property owners' support for the proposed hon- orary street name; and • A statement explaining how the individual proposed to be honored qualifies under the guidelines and standards of the municipal code. Honorary street names must meet the following: • The individual must have lived or worked in Elgin and have made significant and long- term contributions through cultural, humanitarian, historic or military achievement; • There must be a clear geographical relationship between the street and the nominee; • The location for honorary street names shall be restricted to non-arterial streets; • An honorary street name shall be applied throughout the entire length of the subject street, except where impractical and in such instance shall be applied to the section of a street designated in the city council resolution approving the honorary street name; • A designation of an honorary street name shall be limited not to exceed 20 years, and that time period may be extended for an additional 20 years upon an application for ex- tension; and • Honorary street name signs will be distinctive in size and color from the official street name sign and will be installed below the official street name sign. The current listing of honorary street names is presented below for reference: YEAR HONORARY STREET NAME NAMESAKE LOCATION Army Corporal Eriverto 2025 Corporal Ortiz Court Alice Court Ortiz Chester Avenue between Army Sergeant First Class 2021 Donald J. Sleeman Avenue Dundee Avenue and Liberty Donald J. Sleeman Street Ann Street between Dundee 2021 Pastor Willie L. Tate Street Pastor Willie L. Tate Avenue and Center Street S. Melrose Avenue between Marine Corporal Alex Mar- 2019 Cpl. Alex Martinez Avenue Erie Street and Meyer tinez Street 2 YEAR HONORARY STREET NAME NAMESAKE LOCATION Former Assistant Attorney Douglas and Highland Ave- 2017 Frederick J. Steffen Way General nues Retired Federal Judge Ma- Douglas and Highland Ave- 2017 Hon. Manuel Barbosa Way nuel Barbosa nues Father Edward Seisser 2015 Father Seisser Way Dominican Way St. Edward High School Pastor James L. Marks Hickory Place between Dun- 2015 Pastor James L. Marks Place Bethesda Church of God in dee Avenue and Liberty Christ Street Provena Drive (Renamed Sister June Does back to Belmont St.) North 2013 Sister June Does Way St. Joseph Hospital side of Larkin to St. Joseph Hospital 2013 Middleby Way Middleby Corporation Toastmaster Drive S. Geneva Street between E. 2009 George Van De Voorde Place Elgin Mayor and FD Chief Chicago and DuPage Streets Dr. Richard Fiedler Fletcher Drive between 2005 Fiedler Drive Elgin Internal Medical Asso- Royal Boulevard and Ran- ciates dall Road Steve DiMeo Private Drive of the Bank of 2005 DiMeo Drive Bank Founder Elgin, 890 N. State Street 2004 Marie Yearman Court Elgin City Council Member Dexter Court OPERATIONAL ANALYSIS Pastor Jose Luis Hidalgo was born on June 22, 1948, in Aquadilla, Puerto Rico. He started his ministry in Elgin in 1982 as Pastor of Iglesia Carismatica Puerta de Sion. The church was originally located on Villa Street before it moved to its current location at 19 Center Street in Downtown Elgin in 2000. Pastor Hidalgo oriented his ministry toward the residents of Elgin that were unable to speak Eng- lish, and he built a network of local resources to help those in need. Hundreds of people are better off today because of the hard work, humbleness, truth, and honesty that he willingly shared with his congregation and community. Pastor Hidalgo received a proclamation from former Mayor Ed Schock on April 26, 2007. Pastor Hidalgo retired in 2020 and passed away in March 2024, in Tampa, Florida. His favorite holiday was Christmas, and he enjoyed watching “It’s A Wonderful Life” with his loved ones every Christmas Eve. He was an avid runner in high school and had a passion for baseball, proudly sup- porting the Cubs. He also enjoyed playing dominoes with friends and family. 3 Pastor Liliana Sosa and Director of Music and Community Outreach Andrew Rivera of Iglesia Car- ismatica Puerta de Sion applied for this designation. It is sponsored by Councilmember Rose Mar- tinez. East Highland Avenue between Center Street and North Geneva Street is one block long. Nine parcels front this segment of Highland Avenue, and all nine are either owned by Iglesia Carismat- ica Puerta de Sion, Laird Building Partnership (Wait-Ross-Allanson Funeral Services) or the City of Elgin. Iglesia Carismatica Puerta de Sion provided a signature of support from the Wait-Ross-Al- lanson Funeral Services at 51 Center Street. Highland Avenue east of Center Street to its terminus at North Geneva Street is not an arterial street. The segment proposed for honorary street designation is a local street the primary pur- pose of which is to provide access to Iglesia Carismatica Puerta de Sion, the Wait-Ross-Allanson Funeral Home, and city-owned parking lots. This segment of Highland Avenue has two-way traffic whereas Highland Avenue west of Center Street becomes a one-way westbound street. One-way Highland Avenue is paired with one-way eastbound Chicago Street between Center Street and State Street (Illinois Route 31). This pairing serves as arterials that carry higher volumes of traffic in and through Downtown. INTERESTED PERSONS CONTACTED The applicant contacted Wait-Ross-Allanson Funeral Services at 51 Center Street regarding the proposed honorary street name designation, and the funeral home provided a signature of sup- port for the designation. The funeral home is the only other private property owner on the block of Highland Avenue between Center Street and Geneva Street, besides Iglesia Carismatica Puerta de Sion. The other property owner in this block is the city. The honorary street naming process requires that at least two-thirds of the owners of the properties abutting the street under con- sideration support the designation. The signature from Wait-Ross-Allanson is included within At- tachment A. FINANCIAL ANALYSIS The honorary designation requires adding street name signs, and the cost for the street signs is incurred by the applicant. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/Al N/A N/A N/A N/A LEGAL IMPACT None. 4 ALTERNATIVES The city council may choose to not provide an honorary street name designation for Pastor Jose Luis Hidalgo or may suggest a different street or segment thereof be designated. NEXT STEPS Adopt a resolution providing for an honorary designation for Pastor Jose Luis Hidalgo. ______________________________________________________________________________ Originator: Marc Mylott, Community Development Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Honorary Street Name Application B. Draft Resolution 5 Resolution No. 26-XX RESOLUTION ESTABLISHING AN HONORARY STREET NAME OF PASTOR JOSE LUIS HIDALGO FOR E. HIGHLAND AVENUE BETWEEN CENTER STREET AND N. GENEVA STREET WHEREAS, a formal application to provide for the establishment of the honorary street name of Pastor Jose Luis Hidaldo for E. Highland Avenue between Center Street and N. Geneva Street was submitted to the City of Elgin, sponsored by City Council Member Rosamaria Martinez; and WHEREAS, Pastor Jose Luis Hidalgo started his ministry in Elgin in 1982 as Pastor of Iglesia Carismatica Puerta de Sion on Villa Street before moving the church to its current location at 19 Center Street in Downtown Elgin in 2000; and WHEREAS, Pastor Hidalgo oriented his ministry toward the residents of Elgin that were unable to speak English, and he built a network of local resources to help those in need; and WHEREAS, hundreds of people are better off today because of the hard work, humbleness, truth, and honesty that Pastor Hidalgo willingly shared with his congregation and community; and WHEREAS, Pastor Hidalgo received a proclamation from former Mayor Ed Schock on April 26, 2007 in recognition of his efforts; and WHEREAS, Pastor Hidalgo retired in 2020 and passed away in March 2024, in Tampa, Florida; and WHEREAS, the Mayor and members of the City Council wish to extend the appreciation and esteem of all Elgin citizens for Pastor Hidalgo’s outstanding service to his community; and WHEREAS, the Mayor and members of the City Council have determined that it is appropriate to formally recognize Pastor Hidalgo. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby established the honorary street name of Pastor Jose Luis Hidalgo along E. Highland Avenue, between Center Street and N. Geneva Street. BE IT FURTHER RESOLVED that an honorary street sign shall be placed at the southeast corner of E. Highland Avenue and Center Street, designating E. Highland Avenue, between Center Street and N. Geneva Street, as Pastor Jose Luis Hidalgo Avenue. _______________________________________ David J. Kaptain, Mayor Presented: January 14, 2026 Adopted: Vote: Yeas Nays Recorded: Attest: _________________________ Kimberly A. Dewis, City Clerk -2- AGENDA ITEM: E MEETING DATE: January 14, 2026 ITEM: Site Remediation Program Services for City-Owned Property at 96-122 South Grove Avenue— Change Order No. 1 ($12,831) OBJECTIVE: Perform additional environmental services under the Illinois Site Remediation Program for the city-owned property at 96-122 South Grove Avenue to advance the site toward attainment of a “No Further Remediation” letter. RECOMMENDATION: Approve Change Order No. 1 with Ramboll Americas Engineering Solutions, Inc., for environmen- tal services for the city property in the amount of $12,831. The city owns the property at 96-122 South Grove Avenue, commonly known as the Crocker The- ater site. The site was formerly occupied by the Crocker Theater and a coin shop. The buildings have since been demolished and the site is currently improved with a parking lot and is used for municipal parking. The city council approved an agreement with Ramboll Americas Engineering Solutions, Inc. (“Ramboll’) in April 2024 providing for environmental services related to the site remediation of the city-owned property. Ramboll conducted additional remediation in 2024, but the IEPA disapproved of the Supplemental Site Investigation/Remediation Objectives Report due to the lack of recent soil samples. The proposed Change Order No. 1 includes tasks such as pre- paring a Phase I Environmental Site Assessment (ESA), developing a work plan to collect soil sam- ples, and further environmental investigations and reporting to the IEPA to advance toward at- tainment of a No Further Remediation letter. BACKGROUND The city owns the property located at 96-122 South Grove Avenue, commonly known as the Crocker Theater site. The city acquired the property for future residential redevelopment. The site was formerly occupied by the Crocker Theater and a coin shop, but the buildings have since been demolished. The site is currently being used for municipal parking, and the majority of the site is covered with an improved parking lot, excluding the northern portion where the Crocker Theater was located and the southern portion where the coin shop was located. Figure 1 below identifies the location of the subject property. Figure 1. The site was originally enrolled in the Site Remediation Program (SRP) with the Illinois Environ- mental Protection Agency (IEPA) in 2002. During this initial SRP phase, proposed construction of a condominium building was developed and approved by the IEPA. However, the proposed con- struction of the condominium building was abandoned due to economic hardship and a No Fur- ther Remediation (NFR) letter could not be obtained. In 2015, the city submitted and the IEPA approved a revised remedial approach for the property, and the IEPA requested resampling of monitoring wells to further assess current groundwater conditions for evaluation of indoor inha- lation risk. No reports, plans, updates or other project documents regarding voluntary remedial actions at this site have been conducted since 2015. In 2023, the city received a notice of intent from the IEPA to terminate the site remediation pro- gram review and evaluation services for lack of progress on the remedial action plan, and the city requested that the SRP remain open and active to permit the city to complete the steps necessary for the site to achieve a NFR letter. In 2024 Ramboll conducted additional remediation to assess the groundwater conditions. Ramboll installed two new monitoring wells and collected three groundwater samples, which demonstrated compliance with remediation objectives. The assess- ment confirmed that current groundwater conditions are below the Class I groundwater and in- door inhalation exposure route remediation thresholds. On October 11, 2024, Ramboll submitted 2 a revised remedial action completion plan seeking issuance of a No Further Remediation letter to the IEPA. In December 2024, the IEPA disapproved of the Supplemental Site Investigation/Remediation Objectives Report for the Crocker Theater site due to the lack of recent soil samples and the need for a comprehensive site investigation and TCL analysis to identify contaminants. The IEPA re- quires updated site investigation data, full contaminant sampling, and compliance with soil man- agement regulations before a No Further Remediation letter can be granted. OPERATIONAL ANALYSIS Attached is proposed Change Order No. 1 with the environmental consultant Ramboll. Change Order No. 1 would provide for the continued enrollment of the property in the SRP and further environmental investigations and reporting to the IEPA. Exhibit A to Change Order No. 1 with Ramboll would involve the following activities: • Task 1 –Phase I ESA. Ramboll will prepare a Phase I Environmental Site Assessment (ESA). This task includes reviewing documents, checking federal, state, tribal, and local govern- ment records; looking at historical sources; and conducting a site visit. • Task 2 – Work Plan Development. Ramboll will create a work plan to collect soil samples from various Soil Remediation Areas (SRA). The sampling plan includes: a. Collecting up to four samples from two boring locations within the PNA-impacted soil area in the Crocker Theater building footprint (SRA #1). b. Collecting up to two samples from one boring location in the PNA-impacted soil area under the parking lot at SRA #2, next to the former Crocker Theater. c. Collecting up to four samples from two boring locations in the parking lot next to the former Crocker Theater at SRA #3. d. Selecting three additional boring locations at previously sampled sites outside of the SRAs and collecting one sample from each location. No groundwater or soil vapor sampling is proposed unless future data suggests a need for such sampling. The results of the environmental investigations performed under Change Order No. 1 will deter- mine what further actions would be required to secure a No Further Remediation letter for the site. If no new environmental conditions are identified, Ramboll would prepare a new environ- mental report for IEPA approval and issuance of an NFR with no engineered barriers, institutional controls, or excavation required, at an estimated cost of $57,000–$87,000. The middle case sce- nario assumes IEPA approval with conditions requiring the installation of an engineered barrier over part of the site prior to development and issuance of an NFR, at an estimated cost of $109,000–$164,000. The worst case scenario assumes that soil excavation is required to support 3 an unrestricted use of the site, involving removal of impacted soil, confirmation sampling, back- filling, and final IEPA approval and issuance of an NFR, with costs ranging from $461,000– $692,000. Any additional work based upon these scenarios would require further city council approval. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The original contract amount with Ramboll Americas Engineering Solutions, Inc. was $46,247. Change Order No. 1 would increase the original contract amount by a total of $12,831. The new contract amount inclusive of all change orders is $59,078. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Central Area TIF 262-0000-791.92-32 262047 $12,831 $12,831 LEGAL IMPACT The proposed change order requires an exception to the procurement ordinance, which requires approval by two-thirds of the members of the city council. ALTERNATIVES The city may choose not to proceed with further environmental assessments and obtaining a no further remediation letter for the property. However, the lack of a no further remediation letter may likely present a hindrance to the future conveyance of the property. NEXT STEPS 1. Enter into Change Order No. 1 with Ramboll. 2. Proceed with the continued enrollment of the property into the SRP and the further en- vironmental evaluation of the property. 4 Originators: Christopher J. Beck, Corporation Counsel Final Review: Debra Nawrocki, Chief Financial Officer Richard G. Kozal, City Manager ATTACHMENTS A. Proposed Change Order No. 1 with Ramboll 5 City of Elgin Change Order ELGIN, ILLINOIS PROJECT: Site Remediation Services for 96-122 South Grove Avenue CHANGE ORDER No. 1 CONTRACT: Agreement Dated April 24, 2024, with Ramboll Americas Engineering Solutions, Inc. SCOPE: Provide for additional environmental remediation services for the city owned property at 96-122 South Grove Avenue pursuant to the consultant’s proposal dated September 11, 2025, attached hereto as Exhibit A. REASONS FOR CHANGE: The Illinois EPA has requested a new Phase I Environmental Site Assessment (ESA) to demonstrate that there are no new Recognized Environmental Conditions (REC) that could act as source areas and affect the soil and groundwater media. The additional work to be authorized pursuant to this change order has been resubmitted for pricing in the same manner for which the original agreement was priced and procured. The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed; the change is germane to the original contract as signed; and the change order is in the best interests of the City of Elgin and authorized by law. SUMMARY OF CHANGES IN CONTRACT AMOUNT: ORIGINAL CONTRACT AMOUNT: $46,247.00 CHANGE ORDER NO. 1 ADD $12,831.00 TOTAL REVISED CONTRACT AMOUNT: $59,078.00 The original amount of the contract with Ramboll is $46,247.00. Change Order No. 1 will increase the original contract amount by a total of $12,831.00, that sum representing 27.7% of the original contract amount. The new contract amount inclusive of all change orders is $59,078.00. OTHER CONTRACT PROVISIONS: Ramboll will initiate project activities upon receipt of written authorization to proceed. Ramboll will initiate the additional work authorized pursuant to this Change Order No. 1 within 10-15 days after receipt of authorization to proceed, weather permitting, and perform the additional work as set forth in Exhibit A. All other contract provisions remain the same. CHANGE ORDER No. 1 Agreed to this day of , 2025. Recommended by: Accepted by: RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. Party of the Second Part (Contractor) By: Title: Date: Signature: Approved by: CITY OF ELGIN Party of the First Part (Owner) By: Richard G. Kozal Title: City Manager Date: Signature: Legal Dept\Agreement\Ramboll-Change Order No. 1-Crocker Theater-96-122 S Grove-12-11-25.docx EXHIBIT A Mr. Chris Beck Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 Proposal for Site Remediation Program Services Crocker Theater, Elgin, Illinois LPC #0894385624 September 11, 2025 Dear Mr. Beck: Ramboll Americas Engineering Solutions, Inc. (Ramboll) is pleased to submit this proposal to perform environmental services under the Illinois Site Remediation Program (SRP) at the above-referenced site. The purpose of these services is to advance the site toward attainment of a No Further Remediation (NFR) letter. The scope of services offered herein includes the tasks identified by the Illinois Ramboll 333 West Wacker Drive Environmental Protection Agency (Illinois EPA) during a virtual meeting on August Suite 1050 20, 2025. The proposed services will be conducted in general accordance with the Chicago, IL 60606 procedures and requirements of the Illinois SRP regulations found at 35 Illinois USA Administrative Code (IAC) Part 740 – Site Remediation Program. T +1 312 288 3800 https://ramboll.com A. BACKGROUND AND PROJECT UNDERSTANDING The Crocker Theater site is located at 96-122 South Grove Avenue in Elgin. The CRM# 157302 site was enrolled in the SRP in 2002. Several subsurface soil investigations have been completed since 2002. The subsurface investigations have identified that sporadic and random polynuclear aromatic hydrocarbons (PNA) at concentrations above the Illinois EPA’s Tiered Approach to Corrective Action (TACO) Part 742, Residential Tier 1 soil remediation objectives, are present. By 2014, the site advanced within the SRP to a point where soil remediation was performed by consolidating the PNA-impacted soil in areas of the former Crocker Theater building basement and under the parking lot of the adjacent lot. A letter was submitted to the IEPA on February 11, 2015 that presented modifications to the proposed remedial strategy and considered various updates based on regulatory changes that have occurred since the Remedial Action Plan (RAP) was originally approved by the Illinois EPA, including a vapor intrusion risk evaluation. On March 11, 2015, the Illinois EPA approved the revised remedial approach, which included resampling of monitoring well MW-1 and an expanded groundwater investigation to further assess current groundwater conditions for evaluation of indoor inhalation risk. In 2024, Ramboll conducted a groundwater investigation and prepared a Remediation Action Completion Report (RACR) documenting the investigation. There were no groundwater or indoor inhalation impacts identified at the site. The RACR presented a Tier 3 background concentration study using relevant Illinois Department of Transportation (IDOT) data published in 2017. The study presented that the sporadic (now consolidated) PNAs found at the site, through Exposure Point Concentration and Upper 1/4 Crocker Theater SRP 2025 Site Invest Proposal Final.docx Confidential Confidence Level averaging concentrations, fall within or below the 2017 IDOT background dataset. The conclusion included that since there is not source for PNAs remaining at the site, PNA concentrations are likely from unknown urban fill during initial site development of the Crocker Theater. On December 9, 2024, in a letter, Illinois EPA provided comments requesting more current soil analytical data be collected, suggesting the soil data used in the RACR is too old to represent current conditions at the site. Additionally, the Illinois EPA stated that a comprehensive study was not completed due to lack of analysis from the full SRP Target Compound List (TCL), despite previously Illinois EPA-approved reports providing the basis for a shortened list based on Recognized environmental Conditions (RECs) identified during an initial Phase I Environmental Site Assessment (ESA), which is allowable under the SRP regulations. The City of Elgin along with Ramboll, met with Illinois EPA in an online meeting on August 20, 2025. In the meeting, Illinois EPA discussed their policies on old analytical data and lack of comprehensive analytical data, and suggested the following tasks:  Complete a new Phase I ESA to demonstrate that there are no new RECs that could act as source areas and effect the soil and groundwater media.  Develop and submit a work plan for the above task to get Illinois EPA approval prior to the work. After the meeting, Ramboll and the City of Elgin discussed that the Illinois EPA will not likely grant a NFR letter without additional soil sampling. The City of Elgin requested a scope of work and cost estimate to complete the tasks IEPA requested, through the preparation of the work plan. This estimate assumes no comments from the Illinois EPA and does not include responding to Illinois EPA’s comments on the work plan and revising and resubmitting the work plan, if necessary. SCOPE OF SERVICES Task 1 – Preparation of Phase I ESA Ramboll will prepare a Phase I ESA in accordance with the ASTM International E1527-21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The Phase I ESA will include a document review; review of federal, state, tribal, and local government records; review of readily available historical sources; and a site reconnaissance. Task 2 Prepare a Work Plan for IEPA’s Review and Approval Ramboll will prepare a work plan as outlined below. The anticipated proposed sampling plan involves advancing borings to collect soil samples at the following locations:  Up to 4 sample intervals collected from two boring locations within the PNA-impacted consolidated soil area placed in the Crocker Theater building footprint, also known as Soil Remediation (SRA) #1.  Up to two sample intervals collected from one boring location in the PNA-impacted consolidated soil area placed under the parking lot at SRA #2, adjacent to the former Crocker Theater.  Up to four sample intervals collected from two boring locations in the parking lot adjacent to the former Crocker Theater at SRA #3.  Three additional borings locations will be selected at previously sampled locations outside of the SRAs and one sample interval will be collected at each location. 2/4 Crocker Theater SRP 2025 Site Invest Proposal Final.docx Confidential The constituents to be sampled for each soil sample will be determined as part of the work plan development. Ramboll will determine whether the full TCL list will be required for one or more sampling locations, in an effort to receive a comprehensive NFR letter. The soil samples will be sent to an accredited laboratory for analysis under proper chain-of-custody. Groundwater will not be resampled unless new data suggest new chemicals of concern or an increase of known chemical concentrations. No installation or sampling of soil vapor probes are included in this scope of work as past soil and groundwater investigation shows that VOCs are not found on the site in concentrations that create a vapor intrusion issue. B. COMPENSATION AND TERMS Ramboll proposes to complete the scope of work as described herein on a time and materials basis with an estimated not-to-exceed fee of $12,831 which includes Ramboll’s professional labor costs, travel and direct expenses required to complete this scope of work. A detailed cost breakdown is provided as Attachment 1. The estimated fee is broken down as follows: Estimated Labor Task Crocker Theater Remedial Action Plan Estimated Cost Effort (hours) Task 1 Phase I ESA 21 $4,330 Task 2 Work Plan Preparation 45 $8,502 Total Estimated Not to Exceed Cost 66 $12,831 Schedule Ramboll is prepared to initiate project activities upon written authorization from the client to proceed. Ramboll anticipates that the site visit can be scheduled within 10 to 15 business days of authorization assuming there are no site access restrictions. Ramboll anticipated the Phase I ESA and work plan can be prepared within 3-5 weeks following signed authorization. Terms and Conditions Terms and conditions for the work will be in accordance with the Agreement between the City and Ramboll dated April 24, 2024. If services beyond the base scope of work are required and authorized by the City, the work will be performed in accordance with Ramboll’s Preferred Labor Rate Schedule (Attachment 2). 3/4 Crocker Theater SRP 2025 Site Invest Proposal Final.docx Confidential We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you on this project. Please feel free to contact the undersigned if you have any questions regarding this proposal. Sincerely, Tracy L. Hofmann, PE Ron Horan, PG , CHMM Managing Engineer Senior Project Scientist M+1 630 251 4444 M +1 847 890 5422 tracy.hofmann@ramboll.com ron.horan@ramboll.com Attachments: Attachment 1 - Summary of Estimated Costs Attachment 2 - Preferred Fee Schedule ACCEPTANCE AND AUTHORIZATION TO PROCEED: THE CITY OF ELGIN By: Name: Title: Date: 4/4 Crocker Theater SRP 2025 Site Invest Proposal Final.docx Confidential ATTACHMENT 1 ‐SUMMARY OF ESTIMATED COSTS CLIENT: City of Elgin PROJECT DESCRIPTION: Crocker Theater PROJECT/PROPOSAL: 157302 RAMBOLL PROJECT MANAGER: Tracy Hofmann Task Number : Task 1 Task 2 REFRESH calculations with F9 Supplemental Site Task Description : Phase I ESA Investigation Work Plan TOTAL PERSONNEL Preferred Rate Senior Engineer TLH Hours 2 8 10 T.Hofmann $204 Costs 408 1632 $2,040 Business Professional 2 TBD Hours 0 2 2 Gorczynskla‐Page, Maggie $138 Costs 0 276 $276 Scientist 3 RJH Hours 16 30 46 R. Horan/M. Davis $182 Costs 2912 5460 $8,372 Business Professional 2 S2S Hours 1 3 4 S.Stolz $138 Costs 138 414 $552 Administrative Assistant 3 JLP Hours 2 2 4 J.Plamann $101 Costs 202 202 $404 Hours 21 45 66 SUBTOTAL LABOR Costs $3,660 $7,984 $11,644 Administrative 6.0% Fee $220 $479 $699 SUBTOTAL LABOR WITH ADMINISTRATIVE $3,880 $8,463 $12,343 CLIENT: City of Elgin PROJECT/PROPOSAL: 157302 Task Number : Task 1 Task 2 Supplemental Site Task Description : Phase I ESA Investigation Work Plan TOTAL EXPENSES Sampling Supplies $0 $0 $0 Field Equipment (PID,Sampling, GPS, PUMP) $0 $0 $0 PPE Supplies $0 $0 $0 EDR/EPIS $350 $0 $350 Arrow Gold Survey $0 $0 $0 Vehicles/Mileage site visits $100 $0 $100 SUBTOTAL EXPENSES $450 $0 $450 REBILLABLES Per Diem: Meals & Expenses (GSA Overnigh GSA Rates: No Fee $0 $0 $0 Per Diem: Meals & Expenses (GSA Day Rate GSA Rates: No Fee $0 $0 $0 Sub Total $0 $0 $0 Misc. Proj. Materials/Supplies (shipping) $0 $35 $35 10.0% Fee $0 $4 $4 Sub Total $0 $39 $39 SUBTOTAL REBILLABLES $0 $39 $39 SUBCONTRACT SERVICES Cost per Laboratory Analytical Services Number of Samples Sample Soil Samples ‐ VOCs + Field Preservation Kit 14 75 $0 $0 $0 soil Samples ‐ (PNA) 14 100 $0 $0 $0 soil Sample RCRA Metals 14 65 $0 $0 $0 Soil SVOCs 4 135 $0 $0 $0 Soil TAL Metals 4 145 $0 $0 $0 pH 14 12 $0 $0 $0 Analytical Subtotal 64 520 $0 $0 $0 Drilling Subcontractor Earth Solutions, St. Charles 1Day On‐site Services $0 $0 $0 Earth Solutions, St. Charles Private Utility Locate $0 $0 $0 Purge water disposal 1‐ 55 Gal. Drum $0 $0 $0 Soil Drum Disposal 3‐55 gallon $0 $0 $0 Subtotal $0 $0 $0 Administrative Fee 10.0% Fee $0 $0 $0 SUBTOTAL SUB. SERVICES $0 $0 $0 TOTAL ESTIMATED COSTS $4,330 $8,502 $12,831 Cost Summary # Confidential 9/12/2025 CONFIDENTIAL Ramboll Americas Engineering Solutions, Inc. – Midwest Central PREFERRED FEE SCHEDULE Effective May 1, 2025 Personnel Category JFA Level Hourly Billing Rate Officer / Director / Principal L09 $264 Project / Technical / Division Manager 2 L08 $235 Project / Technical / Division Manager 1 L07 $204 Engineer 3 / Scientist 3 L06 $182 Engineer 2 / Scientist 2 L05 $145 Engineer 1 / Scientist 1 L04 $124 Business Professional 2 L05 $138 Business Professional 1 L04 $119 Senior Technician L03 $101 Technician / Intern L02 $79 Administrative Assistant L03 $101 Project Expenses Travel, lodging, meals, fuel, rental vehicle Cost + 5% Field equipment, supplies, company vehicles, mileage, per diem Per unit rates In-house expenses (e.g., computers, software and support, photocopies, office supplies, 6% of invoiced labor long-distance telephone, postage, project closeout, file storage) Rebillables Vendor expenses (e.g., materials, external drawing and document reproduction, Cost + 10% express delivery, miscellaneous field supplies) Subcontracted Services Drilling, laboratory, and other subcontractors and subconsultants Cost + 10% Note: A labor multiplier of 1.5 times the normal rate will be used for all staff providing sworn testimony. 1/1 Preferred Fee Schedule_2024-2025_RAES MWC_Rev0.docx AGENDA ITEM: F MEETING DATE: January 14, 2026 ITEM: Bulk Road Salt for 2025-26 Winter Season—Purchase Agreement with Morton Salt, Inc. and Com- pass Minerals America, Inc. (Not to Exceed $574,914) OBJECTIVE: Securing bulk road salt for the city’s 2025-26 snow and ice removal operations. RECOMMENDATION: Award the issuance of purchase orders to Morton Salt, Inc. and Compass Minerals America, Inc. in a total amount not to exceed $574,914 towards the procurement of bulk road salt for the 2025- 26 winter season. The city council in January 2025 approved participating in the State of Illinois’ annual bulk road salt purchase program. The state requires units of Illinois government to submit written requests for the amount of salt they expect to need so it can collect all requests statewide and secure pricing through one large master contract. For the 2025 program, 860 agencies submitted re- quests, including Elgin, which requested 6,500 tons of road salt. In early November, the state notified the city of the bid results for the 2025–26 season. Elgin’s salt allocation is split between two vendors: Morton Salt, Inc. (4000 tons) and Compass Minerals America, Inc. (2500 tons). The city may increase or decrease its order with each vendor to between 80 and 120 percent of the requested amount, depending on actual winter needs. This agreement authorizes purchase orders not exceeding $356,214 with Morton Salt, Inc. and $218,700 with Compass Minerals America, Inc. BACKGROUND The city uses between 5,000 and 8,000 tons of road salt during the average winter and typically stores approximately 11,000 tons to 13,500 tons in preparation for the winter ice and snow re- moval season. The economies of scale that are provided by participation in the State of Illinois bulk road salt procurement program continues to prove beneficial towards Elgin’s per ton commodity expend- itures. The State of Illinois requires government agencies to provide documentation of bulk roadway salt purchase requests to the Illinois Department of Central Management Services annually no later than April 1 of each year to solicit the large quantities needed for the participating members. By submitting the joint purchase requisition form, agencies are then obligated to fulfill their an- nual bulk roadway salt purchase though the state. OPERATIONAL ANALYSIS Elgin has three salt domes with a combined storage capacity of 13,500 tons. The city historically prepares for each ice and snow season with each salt dome at near capacity. Storing a supply of between 11,000 and 13,500 tons provides approximately 160 percent of the city’s average annual winter salt usage. During an average winter, the city receives 35 inches of snow. The average annual amount of salt used has decreased since the introduction of pre-wetting liquids (beet juice mixture) and the use of sustainable, best management practices such as spot salting and salting primarily after the cessation of an ice and snow event. The public works department continues to track salt usage patterns over the course of the winter seasons to collect per event data from staff utilizing the Salesforce platform. The data allows the department to effectively look at weather trends, plan for specific events more efficiently and track each individual driver’s salt usage as we continue to provide safe roadways but also reduce our environmental impact. Staff are recommending approval of a purchase order to both Morton Salt, Inc., and Compass Minerals America, Inc. in a total amount not to exceed $574,914, which represents 120 percent of the city’s written commitment of 6,500 tons of bulk road salt for the city’s three salt storage facilities. The city had 13,000 tons of bulk road salt on hand at the beginning of the 2025-26 winter season, and this purchase will enable periodic refilling of its facilities throughout the year. Vendor Location 100 Percent 120 Percent Cost Per Ton Total Not to Exceed Compass Homles Rd 2500 Tons 3000 Tons $72.90 $218,700 Minerals America Morton Shales Pkwy 2500 Tons 3000 Tons $71.44 $214,320 Morton Bowes Rd 1500 Tons 1800 Tons $78.83 $141,894 INTERESTED PERSONS CONTACTED None. 2 FINANCIAL ANALYSIS The city purchases its bulk road salt using Motor Fuel Tax (MFT) funding. The MFT Fund receives monies from the State of Illinois as the local share of the state tax on gasoline. By law, these funds are earmarked for the repair and maintenance of the city’s streets, traffic signals and certain public improvements. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Motor Fuel Tax 290-0000-791-20-04 N/A $650,000 $650,000 LEGAL IMPACT The city’s written commitment request sent to the State of Illinois department of Central Man- agement Services in April 2025 obligates the city take delivery of bulk roadway salt under the terms of the state’s joint purchasing contract. The city’s procurement ordinance expressly au- thorizes “purchases made pursuant to any joint purchasing programs sponsored by the state or other governmental agency or association.” NEXT STEPS Approve the 2025-26 Bulk Road Salt Procurement with Morton Salt, Inc. and Compass Minerals America Inc. Originators: Aaron Neal, Public Works Director Final Review: Debra Nawrocki, Chief Financial Officer/Budget Director Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. State of Illinois JPMC Bulk Rock Salt FY26 25-416CMS-BOSS4-P-85804 – Morton Salt, Inc. B. State of Illinois JPMC Bulk Rock Salt FY26 25-416CMS-BOSS4-P-85806 - Compass Minerals America, Inc. C. State Provided Pricing Schedule – Mortal Salt, Inc and Compass Minerals America, Inc FY 2026 D. Resolution 24-21 Authorizing Approval to Enter Into a Procurement Commitment with the State of Illinois Department of Central Management Services for the Purchase of Bulk Road Salt for the 2024/2025 Winter Season 3 Officials (AASHTO) SPECIFICATION M143, SODIUM CHLORIDE TYPE 1, GRADE 1. 1.2.2.2. Rock Salt shall be free flowing fresh stock. Reclaimed or re-crushed rock salt will not be accepted and shall be rejected by delivery site. 1.2.3. Quantity Commitments: All participants who complete the annual survey will have the option to choose between a minimum of 80% or 100% purchase commitment and will be allowed a maximum of 120% purchase commitment as defined below. All minimum purchase commitments will be defined in the line item description within BidBuy. 1.2.3.1. Minimum 80% Commitment: Some participants identified from the annual survey have chosen a minimum purchase commitment of 80%. That means that if the participant estimates a quantity of 100 ton, the participant is only obligated to order 80 ton. That is 80% of the estimated quantity. The participant shall have no further liability to the Vendor for further remaining quantities. 1.2.3.2. Minimum 100% Commitment: Some participants identified from the annual survey have chosen a minimum purchase commitment of 100%. That means that if the participant estimates a quantity of 100 ton, the participant is obligated to order 100 ton. That is 100% of the estimated quantity. 1.2.3.3. Maximum 120% Commitment: The Vendor shall agree to provide up to 120% of the bid quantity estimated tonnage at the same contract price. That means that all participants who estimate a quantity of 100 ton can order up to 120 ton at the same contract price. 1.2.3.4. Quantities Exceeding 120% Maximum: In some instances, a participant may require quantities that would exceed the maximum commitment of the Vendor; in such instances, any delivery shall be made upon the mutual agreement of all parties. 1.2.3.5. Purchase Percentages for !DOT: The Illinois Department of Transportation (!DOT) has provided estimated quantities for individual locations. Quantities purchased from each Vendor shall be computed on a District by District basis (not by location). For example, if a Vendor has 2 locations in a District with estimated quantities of 100 and 200 tons with a minimum 80% commitment. Then the 80% commitment 2 State of Illinois Contract v.25.3 will be met once the 300(0.8) = 240 tons has been purchased between the two locations. This may include all 240 tons purchased from one location. 1.2.4. Weights and Measures Requirements and Adjustments: 1.2.4.1. Weights and Measures: All measurements for weight shall be from scales meeting the requirements of The Weights and Measures Act of the State of Illinois (225 ILCS 470). The Vendor shall provide accurate weights of materials delivered to governmental units. These weights shall be documented on delivery tickets which shall identify the source of the material, type of material, the date and time the material was loaded, the release number, the net weight, the tare weight, and the identification of the transporting vehicle. 1.2.4.2. The State reserves the right to conduct random, independent vehicle weight checks for salt deliveries. This will require that trucks occasionally be directed to a scale near the delivery point. 1.2.4.3. Should the vehicle weight check result in the net weight of material on the vehicle to exceed the net weight of material shown on the Vendor's delivery ticket by 600 pounds or more, the State will document the independent vehicle weight check and immediately furnish a copy of the results to the Vendor. No adjustment in pay quantity will be made. 1.2.4.4. Should the vehicle weight check result in the net weight of material shown on the delivery ticket to be less than the net weight of material on the vehicle by the tolerance of 600 pounds or more, the State will document the independent vehicle weight check (IWCl), immediately furnish a copy of the results to the Vendor, and immediately perform a second independent weight check (IWC2). The vehicle will be weighed on a second independent Department of Agriculture certified scale used for the initial independent weight check. If the second independent weight check (IWC2) is within the 600-pound tolerance, no pay adjustments will be made, and random independent weight checks will resume. If the second weight check confirms the net weight of the material shown on the Vendor's delivery ticket is less than the net weight of material on the vehicle by 600 pounds or more, the State will adjust the net weight shown on the delivery ticket to the checked delivered 3 State of Illinois Contract v.25.3 net weight as determined by the initial independent vehicle weight check (IWCl). 1.2.4.5. Method of Measurement: The State will also adjust the method of measurement for subsequent truck loads using the same scale based on the out-of-tolerance independent weight checks (ICWl). The net weight of rock salt delivered to the State from this source, will be adjusted by applying a correction factor "A" as determined by the following formula: A = [1.0 - (B - C) / BJ; Where A < 1.0 and B - C > 600 Where: A = Adjustment factor B = Net weight shown on the delivery ticket from Vendor C = Net weight on the vehicle determined from independent weight check from IWCl The adjustment factor will be applied as follows: Adjusted Net Weight = AX Delivery Ticket Net Weight The adjustment factor will be imposed until the cause of the deficient weight is identified and corrected by the Vendor to the satisfaction of the State. If the cause of the deficient weight is not identified and corrected within seven calendar days, the State reserves the right to immediately, and without notice to Vendor, take action to remedy Vendor failure. This action may include the termination of the order and purchase of salt from other sources, or other action to ensure ice control availability for public safety purposes. Note that any or all additional costs may be collected from the original Vendor, in addition to the applied weight adjustments. Should the Vendor elect to challenge the results of the independent weight check, the State will continue to document the weight of material for which the adjustment factor would be applied. However, provided the Vendor furnishes the State with written documentation that the source scale has been calibrated within seven calendar days after the date of the independent weight check, adjustments in the weight of material paid for will not be applied unless the scale calibration demonstrates that the 4 State of Illinois Contract v.25.3 thereby hindering a Vendor's ability to maintain a prompt order delivery schedule. 1.2.5.8. Post Season Orders: All orders for Rock Salt shall be placed by the end of July for the previous season's estimated usage. If the location does not have adequate capacity to hold the rock salt, the Vendor may elect to add a storage charge per ton/day. Storage for all post season orders shall not exceed a period of six (6) months. 1.2.5.9. Maximum Overage Tonnage Allowed for Quantity Commitments: The Vendor shall deliver within one full truck load of 22-25 tons for each governmental unit's total quantity commitments. All governmental units will be required to pay for any overage tons delivered over the quantity commitment and within the full truck load of 22-25 tons. If the Vendor should deliver more than the max. allowed, then the governmental unit will have the option to request that the Vendor pick up the tonnage amount of rock salt to meet the maximum overage tonnage at no cost to the governmental unit. 1.3. MILESTONES AND DELIVERABLES: 1.3.1. Stockpile and Order Status Reports: Vendor shall provide stockpile and order status reports upon request and as requested by the CMS Bureau of Strategic Sourcing for use in its contract administration effort. Failure to comply in a timely manner may be considered a breach of contract. 1.3.2. Delivery Invoices: Vendor invoices shall show the date orders were placed with the Vendor and the dates and tonnage amounts of salt delivered. 1.3.3. The Vendor warrants that all products furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this Contract including any specifications or standards. In addition, Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. 1.3.4. The Vendor shall report to the Department of Central Management Services Bureau of Strategic Sourcing (BOSS) an annual Contract Usage Report which includes all governmental units and not-for-profit agencies. This report shall be in a tab-delimited text file or an Excel spreadsheet that references the BidBuy Purchase Order (PO) Number, time period being reported, and must include the following: 7 State of Illinois Contract v.25.3 Stockpiles must be securely covered within 10 calendar days of the required 100% staging dates listed above. This may be accomplished by storing the material in a building or covering it with a waterproof material (generally a tarp) that is sufficiently secured to withstand damage from wind. Such stockpiles must be near enough to delivery points to allow for timely delivery as required by the State of Illinois contractual requirements. Vendors may also be required to furnish a list of rock salt commitments against these stockpiles as a result of other contractual agreements. 1.4.2.3. STOCKPILE INSPECTIONS: The State reserves the right to inspect and/or test the rock salt provided at the Vendor's stockpile points or at the salt storage facility destination, whichever is most convenient to the State. 1.4.3. Safety Data Sheets: The Vendor is required to furnish a Safety Data Sheet (SDS) for each toxic substance shipped. Submission of Safety Data Sheets is required by the Illinois Toxic Substances Disclosure to Employees Act. 820 ILCS 255/1 ET SEQ, or subsequent amendment. 1.4.4. Vendor must be registered in BidBuy before entering into the resulting Contract with the State of Illinois. 1.5. TRANSPORTATION AND DELIVERY: 1.5.1. Delivery Time: Delivery will be made F.O.B. Destination with all transportation and handling paid by the Vendor to any participating Governmental Unit. Deliveries are to be made within seven (7) working days, or as extended by order guidelines in Section 1.2.5.6. For all orders placed by contract participants on or after December 1 and prior to May 1st of any year, order delivery performance shall be subject to application of Liquidated Damages as stated in Section 1.5.10 below. 1.5.2. Delivery Schedule: Salt order deliveries will be accepted only during regular workdays (Monday thru Friday) and work hours (7:30 a.m. - 3:30 p.m.) excluding state holidays, except where special arrangements are made in advance with an appropriate representative at the delivery site. 1.5.3. Delivery Locations: All delivery locations are listed within each line item in BidBuy. Specific delivery notes for othe r governmental units will be given at the time of order. 9 State of Illinois Contract v.25.3 For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages. 3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor. Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination. 3.4. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency's funding by reserving some or all of the Agency's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1. PAYMENT TERMS AND CONDITIONS: 4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor's sole remedy for late payments by the State. Payment terms contained in Vendor's invoices shall have no force or effect. 4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller's Administrative Fund. 15 ILCS 405/23.9. 4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this 15 State of Illinois Contract v.25.3 contract by the Parties even if the effective date of the contract is prior to execution. 4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL's official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217- 782-6206 or (https:1/labor.illinois.gov) to ensure understanding of prevailing wage requirements. 4.1.5. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award. 4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210. 4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency's Illinois tax exemption number and Federal tax exemption information. 4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. 16 State of Illinois Contract v.25.3 procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor's or subcontractor's books and records. 30 ILCS 500/20-65. 4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor's performance of this contract. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State. 4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party's right to exercise or enforce that or other rights in the future. 4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration. 4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party's possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently 18 State of Illinois Contract v.25.3 4.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during the term of this contract to perform any work under this contract. Vendor shall give notice immediately to the Agency's director if Vendor solicits or intends to solicit State employees to perform any work under this contract. 4.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations, orders, Federal circulars and all license and permit requirements in the performance of this contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract. 4.15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of Vendor's and subcontractor's officers, employees or agents. Vendor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check. 4.16. APPLICABLE LAW: 4.16.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois. 4.16.2. EQUAL OPPORTUNITY: The Department of Human Rights' Equal Opportunity requirements are incorporated by reference. 44 Ill. Adm. Code 750. 4.16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract. 4.16.4. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at (www.llga.gov/leqislation/ilcs/ilcs.asp). 4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under Federal or State antitrust laws relating to the subject matter of this contract, then upon request of the Illinois Attorney General, Vendor shall assign to the State all of Vendor's rights, title and interest to the claim or cause of action. 4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois shall be the only State entity responsible for performance and payment under this contract. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs in addition to an Agency, he/she does so as approving officer and shall have no liability to Vendor. When the Chief 20 State of Illinois Contract v.25.3 Procurement Officer or authorized designee or State Purchasing Officer signs a master contract on behalf of State agencies, only the Agency that places an order or orders with the Vendor shall have any liability to the Vendor for that order or orders. 4.19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity. 4.20. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), or via facsimile showing the date and time of successful receipt. Notices shall be sent to the individuals who signed this contract using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information. 4.21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this contract officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties' intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the State's and the Vendor's terms, conditions and attachments, the State's terms, conditions and attachments shall prevail. 4.22. PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of this contract. The State may consider Vendor's performance under this contract and compliance with law and rule to determine whether to continue this contract, suspend Vendor from doing future business with the State for a specified period of time, or whether Vendor can be considered responsible on specific future contract opportunities. 4.23. FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided to, or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA) notwithstanding any provision to the contrary that may be found in this contract. 5 ILCS 140. 4.24. SCHEDULE OF WORK: Any work performed on State premises shall be performed during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel. 4.25. WARRANTIES FOR SUPPLIES AND SERVICES: 21 State of Illinois Contract v.25.3 4.25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the State or furnished by the Vendor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the State for any losses, costs, damages or expenses, including without limitations, reasonable attorney's fees and expenses, arising from failure of the supplies to meet such warranties. 4.25.2. Vendor shall ensure that all manufacturers' warranties are transferred to the State and shall provide to the State copies of such warranties. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the State's payment, acceptance, inspection or failure to inspect the supplies. 4.25.3. Vendor warrants that all services will be performed to meet the requirements of this contract in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall immediately reassign any individual who does not perform in accordance with this contract, who is disruptive or not respectful of others in the workplace, or who in any way violates the contract or State policies. 4.26. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall immediately notify the State of any event that may have a material impact on Vendor's ability to perform this contract. 4.27. EMPLOYEMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex-offenders may be eligible f or tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue (telephone #: 217-524-4772) for information about tax credits. 5. STATE SUPPLEMENTAL PROVISIONS � Agency Definitions 22 State of Illinois Contract v.25.3 6.1. Financial Disclosures (including Illinois Procurement Gate way print-off if applicable) 6.2. Business Enterprise Program Utilization Plan 26 State of Illinois Contract v.25.3 AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS • Agency Reference#: 25-416CMS-BOSS4-R-266410 • Project Title: JPMC Rock Salt, Bulk FY26 • Contract#: 25-416CMS-BOSS4-P-85804 • Procurement Method (IFB, RFP, Small Purchase, etc.): IFB • BidBuy / Bulletin Reference#: 25-416CMS-BOSS4-B-48267 • BidBuy / Bulletin Publication Date: 06/20/2025 • Award Code: A • Subcontractor Utilization? X Yes ONo Subcontractor Disclosure? X Yes ONo • Funding Source: • Obligation #: • Small Business Set-Aside? 0 Yes X No Percentage: • Minority Owned Business? 0 Yes X No Percentage: • Women Owned Business? 0 Yes X No Percentage: • Persons with Disabilities Owned Business? 0 Yes X No Percentage: • Veteran Owned Small Business? 0 Yes X No Percentage: • Other Preferences? 28 State of Illinois Contract v.25.3 Central Management Services Contract JPMC Rock Salt, Bulk FY26 25-416CMS-BOSS4-P-85806 The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor's execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties. 1. SCOPE OF WORK 1.1. OVERVIEW AND PURPOSE: To establish a joint purchase master contract (JPMC) for bulk rock salt to be purchased on an as-needed basis during the contract period. This JPMC may be utilized by all governmental units as defined in Section 5 of this Contract. Note: Participation in this contract is based upon the CY25-26 Illinois Department of Central Management Services Joint Participation Agreement Survey that defines the BidBuy line items and additional participation in the resultant contract is not allowed. 1.2. SUPPLIES AND/OR SERVICES REQUIRED: 1.2.1. The vendor will provide bulk rock salt based on quantity ordered within the timeframe listed herein. 1.2.2. Rock Salt Specification Requirements: 1.2.2.1. Rock Salt shall comply with the requirements of The American Association of State Highway and Transportation 1 State of Illinois Contract v.25.3 Officials (AASHTO) SPECIFICATION M143, SODIUM CHLORIDE TYPE 1, GRADE 1. 1.2.2.2. Rock Salt shall be free flowing fresh stock. Reclaimed or re-crushed rock salt will not be accepted and shall be rejected by delivery site. 1.2.3. Quantity Commitments: All participants who complete the annual survey will have the option to choose between a minimum of 80% or 100% purchase commitment and will be allowed a maximum of 120% purchase commitment as defined below. All minimum purchase commitments will be defined in the line item description within BidBuy. 1.2.3.1. Minimum 80% Commitment: Some participants identified from the annual survey have chosen a minimum purchase commitment of 80%. That means that if the participant estimates a quantity of 100 ton, the participant is only obligated to order 80 ton. That is 80% of the estimated quantity. The participant shall have no further liability to the Vendor for further remaining quantities. 1.2.3.2. Minimum 100% Commitment: Some participants identified from the annual survey have chosen a minimum purchase commitment of 100%. That means that if the participant estimates a quantity of 100 ton, the participant is obligated to order 100 ton. That is 100% of the estimated quantity. 1.2.3.3. Maximum 120% Commitment: The Vendor shall agree to provide up to 120% of the bid quantity estimated tonnage at the same contract price. That means that all participants who estimate a quantity of 100 ton can order up to 120 ton at the same contract price. 1.2.3.4. Quantities Exceeding 120% Maximum: In some instances, a participant may require quantities that would exceed the maximum commitment of the Vendor; in such instances, any delivery shall be made upon the mutual agreement of all parties. 1.2.3.S. Purchase Percentages for !DOT: The Illinois Department of Transportation (!DOT) has provided estimated quantities for individual locations. Quantities purchased from each Vendor shall be computed on a District by District basis (not by location). For example, if a Vendor has 2 locations in a District with estimated quantities of 100 and 200 tons with a minimum 80% commitment. Then the 80% commitment 2 State of Illinois Contract v.25.3 will be met once the 300(0.8) = 240 tons has been purchased between the two locations. This may include all 240 tons purchased from one location. 1.2.4. Weights and Measures Requirements and Adjustments: 1.2.4.1. Weights and Measures: All measurements for weight shall be from scales meeting the requirements of The Weights and Measures Act of the State of Illinois (225 ILCS 470). The Vendor shall provide accurate weights of materials delivered to governmental units. These weights shall be documented on delivery tickets which shall identify the source of the material, type of material, the date and time the material was loaded, the release number, the net weight, the tare weight, and the identification of the transporting vehicle. 1.2.4.2. The State reserves the right to conduct random, independent vehicle weight checks for salt deliveries. This will require that trucks occasionally be directed to a scale near the delivery point. 1.2.4.3. Should the vehicle weight check result in the net weight of material on the vehicle to exceed the net weight of material shown on the Vendor's delivery ticket by 600 pounds or more, the State will document the independent vehicle weight check and immediately furnish a copy of the results to the Vendor. No adjustment in pay quantity will be made. 1.2.4.4. Should the vehicle weight check result in the net weight of material shown on the delivery ticket to be less than the net weight of material on the vehicle by the tolerance of 600 pounds or more, the State will document the independent vehicle weight check (IWCl), immediately furnish a copy of the results to the Vendor, and immediately perform a second independent weight check (IWC2). The vehicle will be weighed on a second independent Department of Agriculture certified scale used for the initial independent weight check. If the second independent weight check (IWC2) is within the 600-pound tolerance, no pay adjustments will be made, and random independent weight checks will resume. If the second weight check confirms the net weight of the material shown on the Vendor's delivery ticket is less than the net weight of material on the vehicle by 600 pounds or more, the State will adjust the net weight shown on the delivery ticket to the checked delivered 3 State of Illinois Contract v.25.3 net weight as determined by the initial independent vehicle weight check (IWCl). 1.2.4.5. Method of Measurement: The State will also adjust the method of measurement for subsequent truck loads using the same scale based on the out-of-tolerance independent weight checks (ICWl). The net weight of rock salt delivered to the State from this source, will be adjusted by applying a correction factor "A" as determined by the following formula: A = [1.0 - (B - C) / BJ; Where A < 1.0 and B - C > 600 Where: A= Adjustment factor B = Net weight shown on the delivery ticket from Vendor C = Net weight on the vehicle determined from independent weight check from IWCl The adjustment factor will be applied as follows: Adjusted Net Weight= A x Delivery Ticket Net Weight The adjustment factor will be imposed until the cause of the deficient weight is identified and corrected by the Vendor to the satisfaction of the State. If the cause of the deficient weight is not identified and corrected within seven calendar days, the State reserves the right to immediately, and without notice to Vendor, take action to remedy Vendor failure. This action may include the termination of the order and purchase of salt from other sources, or other action to ensure ice control availability for public safety purposes. Note that any or all additional costs may be collected from the original Vendor, in addition to the applied weight adjustments. Should the Vendor elect to challenge the results of the independent weight check, the State will continue to document the weight of material for which the adjustment factor would be applied. However, provided the Vendor furnishes the State with written documentation that the source scale has been calibrated within seven calendar days after the date of the independent weight check, adjustments in the weight of material paid for will not be applied unless the scale calibration demonstrates that the 4 State of Illinois Contract v.25.3 source scale was not within the specified Department of Agriculture tolerance. 1.2.4.6. Deductions: The State reserves the right to assess, and apply if applicable, invoice deductions for the following: Moisture Content: Deductions by percentage for moisture content based on total weight shall be determined by the following ranges: Moisture Content (%) Deduction in Price (Per Truckload) 0.00 TO 2.00 NO DEDUCTION 2.01 TO 2.50 10% DEDUCTION 2.51 TO 3.00 15% DEDUCTION 3.01 TO 3.50 20% DEDUCTION 3.51 TO 4.00 25% DEDUCTION GREATER THAN 4.01 REJECTION OF LOAD Sodium Chloride {NACL) Content: The State reserves the right to accept delivery of rock salt which, according to the analysis by The Illinois Department of Transportation, has a Sodium Chloride (NACL) content of less than 95.0 percent, but not less than 90.0 percent. When such reservation is applied, final payment will be made on the following basis: 1.2.4.6.1. When NACL content is between 94.0 and 94.9 percent, the price to be paid shall be the contract price less $5.00 per ton. 1.2.4.6.2. When NACL content is between 90.0 and 93.9 percent, the price paid shall be contract price less $10.00 per ton. 1.2.4.6.3. When the NACL content is less than 90.0 percent, the load will be rejected. 1.2.5. Ordering 1.2.5.1. Order Placement: Orders may be placed with the Vendor (Monday-Friday) via telephone, with a written electronic communication (e-mail) to follow. All State agency orders will contain a purchase order generated from BidBuy in addition to an electronic communication (e-mail). Vendors shall arrange for immediate shipment upon receipt of order from an authorized participating agency representative. All 5 State of Illinois Contract v.25.3 other governmental units will use their own purchase order system. 1.2.5.2. Order Quantities: Orders shall be scheduled in amounts that make up full (22-25 tons) truckloads, orders for less than truckload will not be accepted. 1.2.5.3. Initial Orders: The Illinois Department of Transportation requires Vendors to ship initial fill-up orders prior to October 31st of the current year. If this date has passed prior to execution, we ask that the Vendor(s) start shipping as soon as contract has been executed. Please see the attached file within BidBuy titled "Initial Orders". Vendor(s) shall notify each destination entity when initial shipments are to begin. 1.2.5.4. Seasonal Orders: Non-State agencies reserve the right to purchase up to 50% of the estimated order requirements prior to November 30th of the current year. Vendor shall notify each delivery point of when shipment is to begin. 1.2.5.5. Order Timeline: For an order placed prior to 9:00 a.m. on a given day, that day would be considered as the first calendar day of the seven (7) day delivery period. For an order placed after 9:00 a.m. _on a given day, the day following would be considered as the first calendar day of the seven (7) day delivery period, or as amended by order guidelines in Section 1.2.5.6. 1.2.5.6. Order Guidelines: An agency may order up to 20% of their 100% contracted tonnage in any given week and Vendor shall deliver within 7 working days after receipt of order. Quantities ordered above the 20 percent threshold shall have an extended delivery time of one-working-day for each one percentage-point above the 20% guideline. For example, if an agency orders 25% of their awarded total 100 tons, delivery of the first 20 tons (20%) shall be within 7 working days after receipt of order and the remaining 5 tons shall be delivered within 12 working days after receipt of the order. 1.2.5.7. Peak Season Orders: After hours and weekend delivery arrangements are encouraged during severe seasonal weather events to provide Vendor additional ability to maintain a prompt order delivery schedule. Orders placed during peak season should be in accordance with projected requirements and not in excess of the order guidelines, 6 State of Illinois Contract v.25.3 thereby hindering a Vendor's ability to maintain a prompt order delivery schedule. 1.2.5.8. Post Season Orders: All orders for Rock Salt shall be placed by the end of July for the previous season’s estimated usage. If the location does not have adequate capacity to hold the rock salt, the Vendor may elect to add a storage charge per ton/day. Storage for all post season orders shall not exceed a period of six (6) months. 1.2.5.9. Maximum Overage Tonnage Allowed for Quantity Commitments: The Vendor shall deliver within one full truck load of 22-25 tons for each governmental unit’s total quantity commitments. All governmental units will be required to pay for any overage tons delivered over the quantity commitment and within the full truck load of 22-25 tons. If the Vendor should deliver more than the max. allowed, then the governmental unit will have the option to request that the Vendor pick up the tonnage amount of rock salt to meet the maximum overage tonnage at no cost to the governmental unit. 1.3. MILESTONES AND DELIVERABLES: 1.3.1. Stockpile and Order Status Reports: Vendor shall provide stockpile and order status reports upon request and as requested by the CMS Bureau of Strategic Sourcing for use in its contract administration effort. Failure to comply in a timely manner may be considered a breach of contract. 1.3.2. Delivery Invoices: Vendor invoices shall show the date orders were placed with the Vendor and the dates and tonnage amounts of salt delivered. 1.3.3. The Vendor warrants that all products furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this Contract including any specifications or standards. In addition, Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. 1.3.4. The Vendor shall report to the Department of Central Management Services Bureau of Strategic Sourcing (BOSS) an annual Contract Usage Report which includes all governmental units and not-for-profit agencies. This report shall be in a tab-delimited text file or an Excel spreadsheet that references the BidBuy Purchase Order (PO) Number, time period being reported, and must include the following: 7 State of Illinois Contract v.25.3 PO Line Number, Description, Quantity, Ordering Entity A sample of the report's format is as follows: Line Item# Description Quantity Ordering Entity 1 xxxxxxxxx XXX xxxxxxx 2 xxxxxxxxx XXX xxxxxxx 1.4. VENDOR/STAFF SPECIFICATIONS: 1.4.1. Vendor Meetings: 1.4.1.1. The Vendor shall participate in a pre-season meeting with !DOT Central Bureau of Operations. This meeting will be scheduled after the execution of the contract(s). 1.4.1.2. The Vendor shall participate in weekly calls with !DOT Central Bureau of Operations throughout the winter season. 1.4.1.3. The Vendor shall participate in a post-season meeting with !DOT Central Bureau of Operations that will be scheduled between April to June. 1.4.2. Stockpile and Delivery Performance: 1.4.2.1. Delivery Performance: Freezing of waterways and the impact on delivery must be reasonably anticipated by the Vendor and is not a cause to claim Force Majeure. 1.4.2.2. STOCKPILE AVAILABILITY: Successful Vendors shall have stockpiles of Rock Salt in Illinois or near its boundaries in quantities that are sufficient to satisfy the State of Illinois contractual requirements and stockpile staging requirements shall be as follows: 1.4.2.2.1. 100% at upper MISSISSIPPI RIVER STOCKPILE locations, DISTRICT-1, DISTRICT-2, DISTRICT- 3, and DISTRICT-4 by December 1st. 1.4.2.2.2. 50% at all other Downstate Stockpile locations by December 1st and 100% by January 1st. 8 State of Illinois Contract v.25.3 Stockpiles must be securely covered within 10 calendar days of the required 100% staging dates listed above. This may be accomplished by storing the material in a building or covering it with a waterproof material (generally a tarp) that is sufficiently secured to withstand damage from wind. Such stockpiles must be near enough to delivery points to allow for timely delivery as required by the State of Illinois contractual requirements. Vendors may also be required to furnish a list of rock salt commitments against these stockpiles as a result of other contractual agreements. 1.4.2.3. STOCKPILE INSPECTIONS: The State reserves the right to inspect and/or test the rock salt provided at the Vendor's stockpile points or at the salt storage facility destination, whichever is most convenient to the State. 1.4.3. Safety Data Sheets: The Vendor is required to furnish a Safety Data Sheet (SDS) for each toxic substance shipped. Submission of Safety Data Sheets is required by the Illinois Toxic Substances Disclosure to Employees Act. 820 ILCS 255/1 ET SEQ, or subsequent amendment. 1.4.4. Vendor must be registered in BidBuy before entering into the resulting Contract with the State of Illinois. 1.5. TRANSPORTATION AND DELIVERY: 1.5.1. Delivery .Time: Delivery will be made F.O.B. Destination with all transportation and handling paid by the Vendor to any participating Governmental Unit. Deliveries are to be made within seven (7) working days, or as extended by order guidelines in Section 1.2.5.6. For all orders placed by contract participants on or after December 1 and prior to May 1st of any year, order delivery performance shall be subject to application of Liquidated Damages as stated in Section 1.5.10 below. 1.5.2. Delivery Schedule: Salt order deliveries will be accepted only during regular workdays (Monday thru Friday) and work hours (7:30 a.m. - 3:30 p.m.) excluding state holidays, except where special arrangements are made in advance with an appropriate representative at the delivery site. 1.5.3. Delivery Locations: All delivery locations are listed within each line item in BidBuy. Specific delivery notes for other governmental units will be given at the time of order. 9 State of Illinois Contract v.25.3 1.5.4. Payment of Tolls: The Vendor shall be required to pay the full amount of tolls, if any, incurred during the duration of the contract. Said tolls will not be refunded by the ordering agency. 1.5.5. Delivery Tickets: Each Vendor and subcontractor shall have an automatic printer to record the gross weight of rock salt. The automatic printer shall be an integral part of the scale equipment, or the scale and printer shall be directly connected in a manner that will prohibit the manual entry of gross weights. Tare and net weights shall be shown on weigh tickets and may be printed automatically or entered manually. The State reserves the right to immediately, and without notice to Vendor or subcontractor, take action to remedy Vendor failure of automatic printing. This action may include the termination of the order and purchase of salt from other sources, or other action to ensure all weights and measures are correct. Unless otherwise directed, delivery ticket must also be signed by an authorized agency representative at the delivery location point to verify that agency has accepted the material. The Vendor shall include the release order number and the date of delivery on each delivery ticket. The Vendor shall ensure all weights and measures shown on all tickets are correct. 1.5.6. Delivery Requirements: All truck loads shall be covered with weatherproof material (generally a tarp). Any truck loads not covered may be rejected at the delivery site. Vendor shall ensure the delivery person inspects the inside of the trailer and all salt is removed from the trailer before leaving a delivery point. Pre-loading trucks prior to the date of delivery is not allowed and may be rejected at the delivery site. In the event any agency discovers preloaded rock salt already dumped at its location, the salt may be reloaded onto the cartage hauler's truck by the agency and returned for credit and the Vendor shall immediately ship a conforming load of replacement Rock Salt, or at agencies' option to issue a refund consistent with the dollar amount of the original order. 1.5.7. Delivery Method: All deliveries will be on the basis of the "End-Dumping" method. Vendors shall be governed by the specific delivery instructions, as to unloading point, issued by an applicable agency when they place their order for a particular location. 1.5.8. Weights and Measures: Governmental units reserve the right to require that trucks may occasionally be directed to a scale in the vicinity of the delivery point as a check on delivered truckloads. The governmental units reserve the right to take action to remedy Vendor's failure to provide accurate weights and measures. 1.5.9. Foreign Materials: All truck loads shall be free of any foreign material such as mud, rocks, grader teeth, wood, tarpaulins, etc. or the load may 10 State of Illinois Contract v.25.3 be rejected. In the event any agency discovers foreign material in truckloads of rock salt already dumped at its location, the salt and foreign matter may be reloaded onto the cartage hauler's truck by the agency and returned for credit and the Vendor shall immediately ship a conforming load of replacement Rock Salt, or at agencies' option to issue a refund consistent with the dollar amount of original order. 1.5.10. Damages: Governmental units reserve the right to take action against Vendor delivery failure as follows: Liquidated Damages: From December 1 through May 1 of the current season, if the Vendor is unable to make delivery within the authorized delivery time, the governmental units shall assess and have the right to retain as Liquidated Damages, and not as a penalty, 5 percent per working day on the undelivered portion of the order, but not to exceed 50 percent of the total order. Governmental units and Vendor agree that at the time of contracting, the amount of actual damages is uncertain. Governmental units and Vendor further agree that the amount of Liquidated Damages in this Section is reasonable and bears relation to the damages which may be sustained in the event of a breach. Delivery Failure Damages: If after seven (7) days' assessment of Liquidated Damage claims, a Vendor has still failed to deliver as required, governmental units reserve the right to immediately, and without notice to Vendor, take action to remedy Vendor failure. This may include the termination of the order and purchase of salt from other sources, or other action to ensure ice control availability for public safety purposes. Note that any or all additional costs may be collected from the original Vendor, in addition to the applied Liquidated Damages. 1.6. SUBCONTRACTING: Subcontractors are allowed. 1.6.1. Will subcontractors be utilized? � Yes □ No A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract. 11 State of Illinois Contract v.25.3 All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor. 1.6.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each. • Subcontractor Name: Please see attached list. Amount to Be Paid: Please see attached list. Address: Click here to enter text Description of Work: Click here to enter text • Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text If additional space is necessary to provide subcontractor information, please attach an additional page. 1.6.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor. 1.6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s). 1.7. WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. 12 State of Illinois Contract v.25.3 If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States. • Location where services will be performed: Please see attached list. • Value of services performed at this location: Please see attached list. • Location where services will be performed: Click here to enter text • Value of services performed at this location: Click here to enter text 2. PRICING 2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is estimated. 2.2. VENDOR'S PRICING: Vendor's pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing. 2.2.1. Pricing must include all costs shipped F.O.B. destination and may not include any additional costs due to taxes (federal or otherwise) unless accompanied by proof the State is subject to the tax. 2.3. GOVERNMENT ACTIONS: A price adjustment may be requested from the Vendor following the execution date of this Contract due to unforeseeable government actions including tariffs, duties or similar governmental charges that are beyond the control of either Party. The additional governmental charges will be added to the invoice as a separate line item. 2.3.1. Verifiable documentation of such changes, including but not limited to, invoices, published price lists or official price bulletins, etc., from the Vendor's supplier, will be provided with the request for economic adjustment in order to substantiate any requested change. The State reserves the right to consider various pertinent information sources to evaluate price increase requests (such as the CPI and PP!, as published by the US Department of Labor, Bureau of Labor Statistics). The State also reserves the right to consider other information related to special economic and/or industry circumstances, when evaluating a price change request. Changes may be either increases or decreases and may be requested by either party. 13 State of Illinois Contract v.25.3 2.3.2. The claim for such adjustment must include a certification from the manufacturer/supplier verifying the actual cost at the time of the bid award and at the time of the requested increase. The increase will be allowed only on the cost to the Vendor. No increase or change in the Vendor's overhead, profit or other factors will be approved. Vendor shall not be entitled to apply any governmental charges without first obtaining approval of such request from the Department of Central Management Bureau of Strategic Sourcing. 2.3.3. At the sole discretion of the Agency, if the government action that warranted a price adjustment granted under this Section is rescinded, the price shall automatically revert to the previous contract price, without notice to the Vendor. 2.4. MAXIMUM AMOUNT: This Joint Purchase Master Contract is an indefinite quantity contract. 3. TERM AND TERMINATION 3.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon October 1, 2025 or the last dated signature of the Parties, whichever is later and ending on September 30, 2026. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80. 3.2. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract. If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract. 14 State of Illinois Contract v.25.3 For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages. 3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor. Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination. 3.4. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency's funding by reserving some or all of the Agency's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1. PAYMENT TERMS AND CONDmONS: 4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor's sole remedy for late payments by the State. Payment terms contained in Vendor's invoices shall have no force or effect. 4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller's Administrative Fund. 15 ILCS 405/23.9. 4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this 15 State of Illinois Contract v.25.3 contract by the Parties even if the effective date of the contract is prior to execution. 4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL's official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217- 782-6206 or (https://!abor.J/linois.qot/) to ensure understanding of prevailing wage requirements. 4.1.S. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award. 4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210. 4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency's Illinois tax exemption number and Federal tax exemption information. 4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. 16 State of Illinois Contract v.25.3 procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor's or subcontractor's books and records. 30 ILCS 500/20-65. 4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor's performance of this contract. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State. 4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party's right to exercise or enforce that or other rights in the future. 4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration. 4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party's possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently 18 State of Illinois Contract v.25.3 developed by the receiving Party without the use or benefit of the disclosing Party's confidential information. 4.9. USE AND OWNERSHIP: All work performed or supplies created by Vendor under this contract, whether written documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the State all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to the confidentiality provisions of this contract. 4.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys' fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor's negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Article VIII, Section l(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages. 4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days' notice has been provided to the State. Vendor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker's Compensation Insurance in the amount required by law. Insurance shall not limit Vendor's obligation to indemnify, defend, or settle any claims. 4.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State. All payments by the State shall be made on that basis. 19 State of Illinois Contract v.25.3 4.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during the term of this contract to perform any work under this contract. Vendor shall give notice immediately to the Agency's director if Vendor solicits or intends to solicit State employees to perform any work under this contract. 4.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations, orders, Federal circulars and all license and permit requirements in the performance of this contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract. 4.15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of Vendor's and subcontractor's officers, employees or agents. Vendor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check. 4.16. APPLICABLE LAW: 4.16.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois. 4.16.2. EQUAL OPPORTUNITY: The Department of Human Rights' Equal Opportunity requirements are incorporated by reference. 44 Ill. Adm. Code 750. 4.16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract. 4.16.4. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at ( www. llqa. qov/legisfation/llcs/i!cs. asp). 4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under Federal or State antitrust laws relating to the subject matter of this contract, then upon request of the Illinois Attorney General, Vendor shall assign to the State all of Vendor's rights, title and interest to the claim or cause of action. 4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois shall be the only State entity responsible for performance and payment under this contract. When the Chief Procurement Officer or authorized designee or State Purchasing Officer signs in addition to an Agency, he/she does so as approving officer and shall have no liability to Vendor. When the Chief 20 State of Illinois Contract v.25.3 Procurement Officer or authorized designee or State Purchasing Officer signs a master contract on behalf of State agencies, only the Agency that places an order or orders with the Vendor shall have any liability to the Vendor for that order or orders. 4.19. EXPATRIATED ENTITIES: Except in limited circumstances, no business or member of a unitary business group, as defined in the Illinois Income Tax Act, shall submit a bid for or enter into a contract with a State agency if that business or any member of the unitary business group is an expatriated entity. 4.20. NOTICES: Notices and other communications provided for herein shall be given in writing via electronic mail whenever possible. If transmission via electronic mail is not possible, then notices and other communications shall be given in writing via registered or certified mail with return receipt requested, via receipted hand delivery, via courier (UPS, Federal Express or other similar and reliable carrier), or via facsimile showing the date and time of successful receipt. Notices shall be sent to the individuals who signed this contract using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change its contact information. 4.21. MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this contract officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties' intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the State's and the Vendor's terms, conditions and attachments, the State's terms, conditions and attachments shall prevail. 4.22. PERFORMANCE RECORD/SUSPENSION: Upon request of the State, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of this contract. The State may consider Vendor's performance under this contract and compliance with law and rule to determine whether to continue this contract, suspend Vendor from doing future business with the State for a specified period of time, or whether Vendor can be considered responsible on specific future contract opportunities. 4.23. FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided to, or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA) notwithstanding any provision to the contrary that may be found in this contract. 5 ILCS 140. 4.24. SCHEDULE OF WORK: Any work performed on State premises shall be performed during the hours designated by the State and performed in a manner that does not interfere with the State and its personnel. 4.25. WARRANTIES FOR SUPPLIES AND SERVICES: 21 State of Illinois Contract v.25.3 4.25.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the standards, specifications, drawing, samples or descriptions furnished by the State or furnished by the Vendor and agreed to by the State, including but not limited to all specifications attached as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from defects for a period of twelve months or longer if so specified in writing, and fit and sufficient for the intended use; (c) comply with all federal and state laws, regulations and ordinances pertaining to the manufacturing, packing, labeling, sale and delivery of the supplies; (d) be of good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent, copyright or other intellectual property rights of any third party. Vendor agrees to reimburse the State for any losses, costs, damages or expenses, including without limitations, reasonable attorney's fees and expenses, arising from failure of the supplies to meet such warranties. 4.25.2. Vendor shall ensure that all manufacturers' warranties are transferred to the State and shall provide to the State copies of such warranties. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the State's payment, acceptance, inspection or failure to inspect the supplies. 4.25.3. Vendor warrants that all services will be performed to meet the requirements of this contract in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall immediately reassign any individual who does not perform in accordance with this contract, who is disruptive or not respectful of others in the workplace, or who in any way violates the contract or State policies. 4.26. REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall immediately notify the State of any event that may have a material impact on Vendor's ability to perform this contract. 4.27. EMPLOYEMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue (telephone #: 217-524-4772) for information about tax credits. 5. STATE SUPPLEMENTAL PROVISIONS � Agency Definitions 22 State of Illinois Contract v.25.3 5.1 "Chief Procurement Officer" means the chief procurement officer appointed pursuant to 30 ILCS S00/10-20(a)(4). 5.2 "Governmental unit" means State of Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority which has the power to tax, or any other public entity created by statute. In addition, the governmental unit must have participated in the CY25-26 Illinois Department of Central Management Services Joint Participation Agreement Survey and additional participation in the resultant contract is not allowed. D Required Federal Clauses, Certifications and Assurances D Public Works Requirements (construction and maintenance of a public work) 820 ILCS 130/4. D Prevailing Wage (janitorial cleaning, window cleaning, building and grounds, site technician, natural resources, food services, security services, and printing, if valued at more than $200 per month or $2,000 per year) 30 ILCS 500/25-60. Agency Specific Terms and Conditions 5.3. The Chief Procurement Officer for General Services makes this contract available to all governmental units. 5.4. Vendor agrees to extend all terms and conditions, specifications, and pricing or discounts specified in this contract for the items in this contract to all governmental units. S.S. The supplies or services subject to this Contract shall be distributed or rendered directly to each governmental unit. 5.6. Vendor shall bill each governmental unit separately for its actual share of the costs of the supplies or services purchased. 5.7. The credit or liability of each governmental unit shall remain separate and distinct. 5.8. Disputes between vendors and governmental units shall be resolved between the affected parties. 5.9. All terms and conditions in this Contract apply with full force and effect to all purchase orders. Other (describe) 23 State of Illinois Contract v.25.3 5.10 Districts are defined as follows: DISTRICT 1 DISTRICT2 DISTRICT3 DISTRICT 4 DISTRICT 5 COOK BOONE BUREAU FULTON CHAMPAIGN DUPAGE CARROLL DEKALB HENDERSON DEWITT KANE HENRY FORD KNOX DOUGLAS LAKE JO DAVIESS GRUNDY MARSHALL EDGAR MCHENRY LEE IROQUOIS MCDONOUGH MCCLEAN WILL OGLE KANKAKEE MERCER PIATT ROCK ISLAND KENDALL PEORIA VERMILLION STEPHENSON LASALLE PUTNAM WHITESIDE LIVINGSTON STARK WINNEBAGO TAZEWELL WARREN WOODFORD OISTRICT6 DISTRICT7 DISTRICT 8 DISTRICT9 ADAM CLARK BOND ALEXANDER BROWN CLAY CALHOUN FRANKLIN CASS COLES CLINTON GALLATIN CHRISTIAN CRAWFORD GREEN HAMILTON HANCOCK CUMBERLAND JERSEY HARDIN LOGAN EDWARDS MADISON JACKSON MACOUPIN EFFINGHAM MARION JEFFERSON MASON FAYETTE MONROE JOHNSON MENARD JASPER RANDOLPH MASSAC MONTGOMERY LAWRENCE ST. CLAIR PERRY MORGAN MACON WASHINGTON POPE PIKE MOULTRIE PULASKI SANGAMON RICHLAND SALINE SCHUYLER SHELBY UNION SCOTT WABASH WHITE WAYNE WILLIAMSON 5.11 Illinois District Map 24 State of Illinois Contract v.25.3 6.1. Fin an cial Disclosures (in cludin g Illin ois Procuremen t Gateway print-off if applicable) 6.2. Busin ess En terprise Program Utilization Plan 26 State of Illinois Contract v.25.3 AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS • Agency Reference#: 25-416CMS-BOSS4-R-266410 • Project Title: JPMC Rock Salt, Bulk FY26 • C ontract#: 25-416CMS-BOSS4-P-85806 • Procurement Method (IFB, RFP, Small Purchase, etc.): IFB • BidBuy / Bulletin Reference#: 25-416CMS-BOSS4-B-48267 • BidBuy / Bulletin Publication Date: 06/20/2025 • Award C ode: A • Subcontractor Utilization? X Yes □No Subcontractor Disclosure? X Yes ONo • Funding Source: • Obligation#: • Small Business Set-Aside? D Yes x No Percentage: • Minority Owned Business? D Yes x No Percentage: • Women Owned Business? D Yes x No Percentage: • Persons with Disabilities Owned Business? D Yes x No Percentage: • Veteran Owned Small Business? D Yes X No Percentage: • Other Preferences? 28 State of Illinois Contract v.25.3 Illinois State Bid Subcontractors Totals for Handling and Hauling Solicitation: 25-416CMS-BOSS4-B-48267 / JPMC Rock Salt, Bulk FY26 Service Depot LM Depot Spend Freight & Fuel Spend Vendor Addresses Forms A or B Rec'd LOI's Chicago, IL Victor Calumet Transload Victor $1,652,558 10730 Burley Avenue, Chicago, IL 60617 Form B X 5 Star Hauling Victor $1,800,178 14210 Kenton Ave, Crestwood, Il 60418 Form B X X Garus Trucking Victor $545,500 7264 W 21st Ave., Gary IN 46406 Form A X Truck King Hauling Contractors, Inc. Victor $3,491,254 4600 W 48th St, Chicago. Il 60632 Form B X X Camanche, IA Andrew ADM Andrew $24,860 1419 N Washington Blvd, Comanche, IA 52730 Form A X ADM- Transport Andrew $29,717 4666 Faries Parkway Decatur, IL 62526 Form A X Louisiana, MO Andrew Wayne B Smith Andrew $85,840 10415 Hwy 79, Louisiana, MO 63353 Form B X George Potterfield Trucking Andrew $14,089 207 County Line Road, Monroe City, MO 63456 Form B X Metropolis, IL Andrew Metropolis - Waterway Ag. Andrew $178,158 208 Yasada Street, Metropolis, IL 62960 Form B X Waterway Ag. Andrew $266,280 208 Yasada Street, Metropolis, IL 62960 Form B X Milwaukee, WI Victor Compass Minerals Brenda $954,229 2001 S Lincoln Memorial, Milwaukee, WI 53207 Form B X Jung Bros Victor $275,176 9825 Durand Ave., Sturtevant, WI 53177 Form A X Blume Trucking Victor $756,734 1480 240th Ave, Brighton, WI 53139 Form B X CLK Systems Inc Victor $343,970 39882 N Mauser Dr Wadsworth, IL 60083 Form B X X PJ's Trucking Victor $309,573 W125S9861 N Cape Road, Muskego, WI 53150 Form A X Portland Victor $412,764 98 E Shore Drive, Random Lake, WI 53075 Form B X Tonyan Bros. Victor $275,176 5101 N Richmond Rd., Ringwood, IL 60072 Form A X Zizzo's Victor $1,066,307 3000 Sheridan Rd., Kenosha, WI 53140 Form B X Castlen Terminals LLC - Mt. Vernon, IN Shahzad Castlen Terminals LLC Shahzad $118,909 4565 Hwy 2830, Owensboro KY 42303 Form A X Mulzer Crushed Stone Shahzad $264,368 10700 Hwy 69 S, Mt. Vernon, IN 47620 Form B X Peoria, IL - J&L Shahzad J&L Dock Shahzad $546,220 92 South St., Peoria, IL 61602 Form A X Heinz Bros. Trucking Shahzad $907,935 538 W Knoxville St, Brimfield, IL 61517 Form A X St. Louis, MO (Beelman) Andrew Beelman Terminal Andrew $177,936 210 Bremen Ave., Venice, IL 62090 Form B X Beelman Logistics Andrew $297,107 #1 Racehorse Drive, E. St. Louis, MO 62205 Form B X St. Louis, MO (Oakley) Andrew Oakley Andrew $334,024 1 Angelica St. St. Louis, Mo 63353 Form B X George Potterfield Trucking Andrew $643,274 207 County Line Road, Monroe City, MO 63456 Form B X Logistics Park Dubuque, IA Andrew Logistics Park Dubuque Andrew $151,610 2020 Lefebure Road, Fairfax, IA 52228 Form A X All Seasons Trucking Andrew $221,780 7750 Windy Ridge Dubuque, IA 52003 Form B X Rock Island, Il Andrew Alter- Rock Island River Terminal Andrew $576,643 7th Ave MILl Street Rock Island, IL 61201 Form A X Overland Systems Andrew $766,741 13631 110th Ave Davenport, IA 52804 Form A X Henry - Middle River Marine Shahzad Henry - Middle River Marine Shahzad $22,454 1440 County Road 1500 E, Henry, IL 61537 Form A X Ozinga Transportation, Inc. Shahzad $27,950 1440 County Road 1500 E, Henry, IL 61537 Form B X Lemont - Middle River Marine Shahzad Lemont - Middle River Marine Shahzad $14,303 11400 Old Lemont Road, Lemont, IL 60439 Form A X Ozinga Transportation, Inc. Shahzad $26,128 11400 Old Lemont Road, Lemont, IL 60439 Form B X Ottawa - Ottawa Barge Terminal Shahzad Ottawa - Ottawa Barge Terminal Shahzad $227,828 1365 N 2803 RD OTTAWA, IL 61350 Form A X Wiesbrock Trucking Shahzad $212,861 1748 E. 950th Road (PO Box 197) Leonore, IL 61335 Form A X *All $'s are subject to change based on contract award General RESOLVED, that the officers of the Corporation are, and each of them is, hereby authorized, for and on behalf of the Corporation, to execute, deliver, file, acknowledge and record any and all such documents and instruments, and to take or cause to be done any and all such other things as they, or any of them, may deem necessary or desirable to effectuate and carry out the resolutions adopted hereby; and FURTHER RESOLVED, that any actions previously taken or caused to be taken by any officer of the Corporation or any Authorized Signatory in connection with the matters contemplated by these resolutions, or in carrying out the terms and intentions of the above resolutions, are hereby acknowledged to be duly authorized acts performed on behalf of the Corporation and are hereby ratified, confirmed and adopted as such. [Signature Page Follows] Resolution No. 25- 10 RESOLUTION AUTHORIZING APPROVAL TO ENTER INTO A PROCUREMENT COMMITMENT WITH THE STATE OF ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES FOR THE PURCHASE OF BULK ROAD SALT FOR THE 2025/ 2026 WINTER SEASON 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 approve the procurement commitment on behalf of the City of Elgin with the State of Illinois Department of Central Management Services, for the purchase of bulk road salt for the 2025/ 2026 winter season. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2025 Adopted: January 22, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGENDA ITEM: G MEETING DATE: January 14, 2026 ITEM: Bulk Road Salt for the 2026-27 Winter Season—Purchase Commitment with the State of Illinois Department of Central Management Services (No Cost) OBJECTIVE: Authorize the city to commit to purchasing bulk road salt through the State of Illinois’ 2026-27 joint bidding and purchasing process. RECOMMENDATION: Provide authorization allowing the city to notify the State of Illinois Department of Central Man- agement Services to solicit pricing for annual bulk road salt. The city uses the State of Illinois Department of Central Management Services (CMS) joint pur- chasing program to purchase its bulk road salt. CMS every spring requires government agencies to commit to purchasing a quantity of bulk road salt for the next coming winter season. Approving this annual commitment authorizes the city’s participation in the state’s bidding for large, statewide supply of bulk road salt. Committing to this joint purchasing program will generate the city’s annual per ton pricing during the latter portion of 2026 at which time staff will present a final agreement for bulk road salt purchasing approval. BACKGROUND Annual salt purchasing needs for the city range between $50 and $120 per ton fully dependent on supply chain and economic drivers within the bulk road salt industry. A typical winter in Elgin requires public works crews to utilize approximately 8,100 tons of bulk road salt which amounts to annual expenditures of between $405,000 and $972,000 per year depending on solicited pric- ing. Authorizing city staff to participate in the State of Illinois solicitation process enables the city to commit to purchasing salt in volumes at a cost above the procurement ordinance’s $25,000 threshold for express city council approval. City staff will bring back vendor contract terms in the latter portion of the year approving the actual expense. The Illinois Department of Central Management Services releases its annual agency solicitation during April and allows a two-week window for agencies to respond. This window does not al- ways allow time to present the commitment to the city council. Authorization now during the first quarter of 2026 will provide staff with comfort in the solicitation process knowing that the city council has authorized the city’s inclusion within the state of Illinois process. OPERATIONAL ANALYSIS The purchase of an annual allotment of bulk roadway salt provides the department of public works with the critical resource necessary to provide high quality winter services to the commu- nity. Having access to publicly sourced salt under a state program ensures the materials are read- ily available to the city. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There is no cost associated with this authorization request allowing the city to enter the State of Illinois joint procurement program. There will be a cost associated in early 2027 when per-ton pricing is provided. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE N/A LEGAL IMPACT None. ALTERNATIVES The city council may choose to not pursue reentry into the State of Illinois joint contract program and solicit salt through the issuance of a local bid process. NEXT STEPS Respond to the State of Illinois Department of Central Management Services annual survey at such time they provide notice to participating communities of bulk road salt needs. 2 Originators: Aaron Neal, Director of Public Works Final Review: Debra Nawrocki, Chief Financial Officer/Budget Director Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS None. 3 AGENDA ITEM: H MEETING DATE: January 14, 2026 ITEM: Fire Department Administrative Vehicle Purchase (Not to Exceed $55,000) OBJECTIVE: Purchase a Ford Explorer for use by a chief officer in the fire department to ensure reliable emer- gency response. RECOMMENDATION: Authorize the fire department to purchase a new administrative vehicle in an amount not to ex- ceed $55,000. The fire department is seeking to purchase a replacement administrative vehicle that has capa- bilities for emergency response by command level personnel. This purchase will maintain opera- tional effectiveness by ensuring reliable emergency response capabilities by command personnel as well the necessary day to day administrative travel requirements of the fire department. The fire department is seeking pre-authorization to purchase a vehicle “off the lot” in an amount not to exceed $55,000. Purchasing directly from a dealer creates challenges working within the city’s standard procurement process. Dealerships will not hold a vehicle, especially with limited inventory, for the month it takes to go through the approval process. This request enables the fire department to make a purchase within a couple days which is more acceptable to dealers. This strategy will reduce the time it takes to obtain a vehicle and place it into service. BACKGROUND The fire department is seeking pre-authorization to spend up to $55,000 for the purchase of a new administrative vehicle. This request is to purchase a new standard model vehicle “off the lot” in lieu of ordering a “special services” vehicles such as the police interceptor model. This replacement vehicle will be used by command level personnel to respond to emergencies as well as for day-to-day administrative travel to conduct fire department business. OPERATIONAL ANALYSIS Administrative vehicles are provided to those chief officers in the fire department who have emergency response requirements as part of their job description. The fire department currently has five positions in which administrative vehicles are issued and all five have emergency re- sponse functions twenty-four hours a day. These five positions include fire chief, assistant chief of administration, assistant chief of operations, division chief of emergency management and EMS and the division chief of CRR and training. This purchase will also provide an opportunity for the department to transition an older vehicle to a non-emergency response function within the department while maintaining a reliable emergency response fleet for these chief officers. The fire department has used this purchasing procedure to acquire five previous vehicles from Elgin-based dealership Ron Hopkins Ford. It is the fire department’s intent to do the same in this instance. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The fire department is purchasing a standard model unit rather than the police interceptor model. The standard model is more readily available than the interceptor model and the depart- ment will have greater success getting a vehicle in-service. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Equipment Replacement 601-4800-796.91-48 280055 $55,000 $55,000 LEGAL IMPACT The pre-authorization to purchase a vehicle as described herein requires an exception to the procurement ordinance, requiring approval by two-thirds of the city council. ALTERNATIVES The city council may choose to not purchase the vehicle and retain the old equipment for another year. NEXT STEPS Execute contract agreement once a vehicle is identified. 2 ______________________________________________________________________________ Originators: Robert Cagann, Fire Chief Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS None. 3 AGENDA ITEM: I MEETING DATE: January 14, 2026 ITEM: GrayKey Mobile Forensic Access Software—Purchase from Magnet Forensics, LLC ($37,370) OBJECTIVE: Continue using mobile forensic access software to extract encrypted or inaccessible data from mobile devices. RECOMMENDATION: Authorize the purchase of GrayKey Mobile Forensic Access Software from Magnet Forensics, LLC. The GrayKey Mobile Forensic Access Software (GrayKey) is a state-of-the art tool that extracts encrypted or inaccessible data from mobile devices running Apple iOS and the Android operating systems. The police department has used this software since 2017 and is seeking to continue using this important and crucial forensic tool. Using GrayKey is predicated on legal authority granted by a search warrant or the owner’s consent. BACKGROUND The police department has been using GrayKey Mobile Forensic Access Software (GrayKey) for its mobile forensic needs since 2017. GrayKey is a state-of-the-art mobile forensics access tool that extracts encrypted or inaccessible data from mobile devices utilizing the Android and iOS Systems. These systems account for most mobile phones now in use and the department has seen that nearly every major investigation involves mobile phone evidence. The utilization of this software has allowed the department to successfully extract evidence in many investigations, such as homicides, child exploitation and aggravated discharge of a firearm. Many of these crimes may not have been solved without the digital evidence extracted with this forensic tool. Using this software allows for data recovery from mobile phones in instances where this information is not readily available. OPERATIONAL ANALYSIS The ability to extract encrypted or inaccessible data from mobile devices running Apple iOS or Android operating systems is a key investigative step taken in many investigations. The expecta- tion for the extraction of this data is aligned with successful prosecutions and has allowed for investigations to be brought to conclusion. There are no competitors offering GrayKey’s capabil- ities. The purchase of this forensic tool will enhance the department’s ability to solve criminal investigations and decrease crime throughout the city. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost of Magnet Forensics, LLC GrayKey Mobile Forensic Access Software, for one year is $37,370. The department requested information regarding a multi-year agreement to pursue potential cost savings. The department received information about a three-year agreement which provided no cost savings and a single one-time payment. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General 010-2304-731.15-07 N/A $37,370 $37,370 LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance, which re- quires approval by two-thirds of the members of the city council. ALTERNATIVES The city council may elect not to approve the agreement with Magnet Forensics, LLC, and direct staff to seek alternate solutions. NEXT STEPS Purchase the Magnet Forensics, LLC GrayKey Mobile Forensic Access Software and continue us- ing the software. 2 ______________________________________________________________________________ Originators: Michael Martino, Commander Ana Lalley, Chief of Police Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Magnet Forensics, LLC Invoice 3 Q-397331 - USD 37,370.00 Quotation Address: Magnet Forensics, LLC 931 Monroe Drive NE Suite A102-340 Atlanta, Georgia 30308 United States Phone: 519-342-0195 Quote #: Q-397331-1 Issue Date: 31 Oct, 2025 Expires On: 29 Jan, 2026 Bill To Ship To End User Adam Schuessler Jamie Marabillas Jamie Marabillas Elgin Police Department (IL) Elgin Police Department Elgin Police Department 151 Douglas Ave 151 Douglas Avenue 151 Douglas Avenue Elgin, Illinois 60120 Elgin, Illinois 60120 Elgin Illinois 60120 United States United States United States 847-289-2503 8472892637 8472892637 schuessler_a@cityofelgin.org marabillas_j@cityofelgin.org marabillas_j@cityofelgin.org PREPARED BY PHONE EMAIL PAYMENT TERM Jarrett Kirkup (226) 243-6323 jarrett.kirkup@magnetforensics.com Net 30 ITEM # PRODUCT NAME SMS DATES UNIT QTY EXTENDED PRICE SELLING PRICE GKL-ONF- GrayKey License - Advanced 30 Jan, 2026 to USD 1 USD 37,370.00 AD Unlimited Consent and BFU Extractions. 125 AFU, Instant 29 Jan, 2027 37,370.00 Unlock or Brute Force Advanced actions Action Credits Included: 125 Excursion Credits Included: 2 Renewal for Serial Numbers: 9a926beed4691525 Sub-Total USD 37,370.00 Taxes USD 0.00 Grand Total USD 37,370.00 Prices subject to change upon quote expiry. Accurate sales tax will be calculated at the time of invoicing when applicable. If your company is tax exempt, please provide appropriate support with your signed quote. Hardware may be subject to additional fees related to delivery, import and export. Terms & Conditions Unless you have an existing written agreement with Magnet Forensics for the products and/or services listed in this quotation, by: (a) signing below, (b) submitting an Order to Magnet Forensics referencing this quotation, or (c) making payment for the products and/or related services listed in this quotation, you agree to the terms and conditions at http://magnetforensics.com/legal/ applicable to such products and/or services listed in this quotation to the exclusion of any differing or additional terms which may be found on your purchase order or similar document. By signing, you certify that you have the authority to bind your organization. Page 1 of 2 Q-397331 - USD 37,370.00 Magnet Forensics may adjust the software term start and/or end date, without increasing the total software license price, based on the date Magnet Forensics activates the software and provided that the total software license term length does not change. Signature: Date: ______/______/______ Name (Print): Title: Please sign and email to Jarrett Kirkup at jarrett.kirkup@magnetforensics.com Page 2 of 2 AGENDA ITEM: J MEETING DATE: January 14, 2026 Discussion on Comments and Information Conveyed During the Community Forum on Immigration Enforcement (Councilmembers Alfaro and Steffen) Councilmember Alfaro (with Councilmember Steffen as her second) is requesting an agenda item to discuss the comments and information conveyed during the city’s community forum on immigration enforcement conducted on January 7, 2026 at the Heritage Ballroom in the Edward Schock Centre of Elgin.