Committee of the Whole

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA MARCH 11, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – February 25, 2026 Public Comment Items on Both Agendas A. Electronic Citation Software Services Agreement with DACRA Tech, LLC ($429,318 Over a Five-Year Term Objective: Continue improving the efficiency of the city’s electronic citation system with the cloud-based software solution created by DACRA Tech, LLC. Special Presentations and Reports B. Purchase of Services Agreement with Elgin Area Chamber of Commerce ($355,000 An- nually for Three-Year Term; Three Percent Increase in Out Years) Objective: Contract with the Elgin Area Chamber of Commerce to provide economic de- velopment services including small businesses assistance, business retention outreach and foreign trade initiatives and other similar programs. Initiatives and Other Items C. Pingree Grove Roundabout at Reinking and Damisch Roads—Intergovernmental Agree- ment Between the City of Elgin and the Village of Pingree Grove (No Cost) Objective: Promote collaboration between local governments by cooperating with the vil- lage of Pingree Grove on the reconstruction of the village’s roundabout at Reinking and Damisch Roads. D. Official Zoning Map for 2026—Adoption (No Cost) Objective: Comply with state statute requiring the annual adoption and publication of an official zoning map. Committee of the Whole Agenda – March 11, 2026 Page 2 E. Cultural Arts Commission 2026 Grant Award Recommendations ($62,088) Objective: Distribute grant funds to local organizations to support arts programming in the community. F. Cultural Arts and Special Events Department Outdoor Event Incentive Program—“En- core” Awards for 2026 ($84,144) Objective: Distribute grant funds to “Encore” event program applicants exceeding $25,000 to support outdoor event programming within the community. G. Urban SDK Traffic Monitoring Software—Purchase from Urban Holdings, Inc. ($32,950) Objective: Utilize traffic analytical software to enhance traffic safety, strategic traffic en- forcement and roadway management. H. Kane County Child Advocacy Center Investigative Services for Sensitive Crimes Involving Children—Agreement ($35,000) Objective: Provide investigative and victim services for cases involving children who have been victimized by sexual or serious physical abuse. I. Stryker Power Load Ambulance Stretcher—Purchase Agreement with Stryker Corpora- tion ($45,057) Objective: Provide fire department personnel with emergency services equipment de- signed to prevent firefighter injuries during ambulance transport. J. Parking Lot and Alley Maintenance 2026 Program—Amendment Agreement No. 1 with Thomas Engineering, LLC for Design and Construction Engineering Services ($84,524) Objective: Analyze, design, and prepare construction documents for the maintenance of various public parking lots and city-owned alleys along with field inspection, contract ad- ministration, general coordination and control of the day-to-day construction activities for the 2026 parking lot and alley maintenance program. K. Lime Residual Disposal Line Inspection Services—Agreement with RJN Group, Inc. ($98,200) Objective: Provide inspection services to perform a condition assessment of the city’s fourteen-inch lime residual disposal line serving the Leo Nelson Riverside Water Treat- ment Facility. L. 1425-1435 Summit Street—Acceptance of Public Improvements and Easement ($1,804 Estimated Five-Year Maintenance Cost) Objective: Fulfill the city’s obligation to maintain reliable infrastructure for serving busi- nesses and residents. Committee of the Whole Agenda – March 11, 2026 Page 3 M. Sports Complex Expansion—Construction Materials Testing and Inspection Service, Amendment No. 1 ($49,944) Objective: Continue providing required construction materials testing and inspection ser- vices for the Sports Complex expansion. N. Elgin Sports Complex Soccer Fields 7 and 8 Improvements—Design and Engineering Ser- vices Agreement with Upland Design, Ltd. ($36,228) Objective: Complete the final landscape architectural and engineering design elements and prepare construction documents for soccer field 8 and provide bid assistance and construction management for the renovation of both soccer fields 7 and 8 at the Elgin Sports Complex. O. Wing Park Master Plan and Inclusive Playground Design—Amendment to Engineering Services Agreement with Upland Design, Ltd. ($675,184) Objective: Complete the final architectural and engineering design elements, prepare con- struction documents, submit permitting documents and provide bid assistance and con- struction management for all additional scope items included as part of the proposed im- provements at Wing Park. P. Wing Park Golf Course Clubhouse—Bid 25-034, Alternate 4 for Food Service Equipment ($156,000) Objective: Purchase and install the food service equipment for the new clubhouse. Q. Mowing Services for Property Maintenance Code Compliance—Renewal Agreement ($33,000) Objective: Contract for mowing services to cut grass and weeds on private property when owners fail to comply property maintenance code. Announcements from Council Announcements from Staff Adjournment 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: March 11, 2026 ITEM: Electronic Citation Software Services Agreement with DACRA Tech, LLC ($429,318 Over Five-Year Term) OBJECTIVE: Continue improving the efficiency of the city’s electronic citation system with the cloud-based software solution created by DACRA Tech, LLC. RECOMMENDATION: Approve the successor agreement with DACRA Tech, LLC for electronic citation services for a five- year term. The city’s administrative adjudication division manages the electronic citation software system used by the police and neighborhood services departments. The DACRA Tech cloud-based soft- ware platform streamlines, automates and organizes the city’s local ordinance violation enforce- ment process by managing violations from the initial citation through the collection of any unpaid fines. BACKGROUND The police and neighborhood services compliance departments have been using the DACRA Tech (DACRA) electronic citation system since 2009 for their administrative adjudication management system. The software streamlines, automates and organizes the local violation enforcement pro- cess and helps manage violations from complaint to collections. DACRA migrated to a cloud-based platform in 2020 that provides a more efficient process and adds new features such as multi-agency data sharing along with new modules that created en- hanced capabilities. The DACRA software creates an automated and organized ordinance viola- tion enforcement process that manages ordinance violations from the initial citation through the collection of any unpaid fines. OPERATIONAL ANALYSIS DACRA provides hosted software as a subscription service that runs on standard computer equip- ment, obviating the need to purchase specialized equipment with associated maintenance plans. DACRA’s municipal enforcement system provides an integrated, cloud-based platform that in- cludes the following modules: Full Electronic Citation Capabilities • State Tickets: Administrative Office of the Illinois Courts (AOIC) compliant state tickets are printed for the respondent and can then be transferred electronically to the police department’s records management system as well as to the circuit clerk with requisite transfer sheets. • Local Ordinance Tickets: Local ordinance citations including animal, parking and adminis- trative tow violations are printed with customized “back page” text for each citation type. • Warning Tickets: Warning tickets can be created for any violation, producing a record of prior offenses which gives officers helpful information. • Must Appear Violations: Citations can be set automatically by violation or via officer dis- cretion as “must-appear,” requiring the violator to be present for the administrative hear- ing. • Racial Profile Reporting: Allows traffic stop data collection and reduces entry time. Also generates State of Illinois racial profiling reports for uploading. Data can be mined for analysis and internal precautionary reports produced. • Pedestrian Stop Data Transmission: Generates a pedestrian stop receipt and enables the automatic transmission of mandated pedestrian stop data to the State of Illinois. • Violator Data Expungement: Effectively manages State of Illinois expungement rules for certain juvenile and cannabis violations to ensure compliance. Integrated Officer Safety Features • Shared Violator History: The system can link officers to previous violator warnings and citations across the system for review and allows autocompletion of data from previous citations. • LEADS Integration: The Illinois Law Enforcement Agencies Data System (LEADS) is a statewide, computerized telecommunications system designed to provide services, infor- mation and capabilities to law enforcement; there will be full LEADS integration with many vendors that allows officers to auto-populate citation data. • Companion Tickets: Additional “companion” violations for the same violator are easily auto populated to shorten the time needed to compete a traffic stop. • Night Mode: Night mode reduces overall screen brightness from day mode, protecting night vision. Administrative Adjudication Hearing Management • Compliant with State Adjudication Laws: Compliant with statutes regulating citation is- suance, notices and hearing processes with “proof of compliance” for appeals. • Multiple Hearing Locations and Times: Citations can be automatically assigned to a par- ticular local hearing date, time and location based on a predetermined algorithm. • Must Appear Violations: Must appear citations are specifically highlighted to the hearing officer to simplify the hearing process. 2  • Individual Dispositions: The software allows the hearing officer to enter detailed case history notes and reasoning for dispositions, and issues on-the-spot findings, decisions and orders. • Batch Processing: Default liable dispositions and findings are efficiently issued by the hearing officer via batch processing for all no-shows. Tow and Impound Management Tools • Abandoned Vehicle Tracking: Issues and tracks abandoned vehicle notices and follow-up reports. • Police Tow Inventory Management: Creates and processes tow receipts, vehicle search logs, concerned party notices, tow yard inventory audit logs and certificates of purchase. • Administrative Tows: Manages the transfer of tow data from the issuance of an adminis- trative hold, through payment, and into the hearing, ensuring violator due process. • Tow Holds: Tow “holds” can be applied to a vehicle, restricting the release of that vehicle until the investigative, insurance, DUI and other such holds are removed. Record Keeping and Compliance Features • CJIS Compliance: Software is compliant with the Criminal Justice Information Services (CJIS) overseen by the Federal Bureau of Investigations which ensures safety and security. • Data Security is Critical: Through sound architecture, agency data is secure and kept shielded from by isolating the SQL back end from the web front end via entity framework structures. • Enhanced Search Capability: Extensive search capabilities allow complex, multi-rule data searches for comprehensive analysis. • Appeal Compliance Reports: Compliant with state statutes regulating citation issuance, notices and hearing processes with “proof of compliance” for appeals. • Citation Change Auditing: Extensive citation auditing features, recording both original and changed values, the logged in user and date and time of the change. • Address Range Validation: Tracks the valid upper and lower address ranges of every street, restricting address entry to those parameters. • Racial Profiling/Pedestrian Stop Reports: Generates all mandated racial profiling and pe- destrian stop state reports for uploading. Data can be internally mined for analysis with precautionary reports produced. • Juvenile and Cannabis Redaction Management: Compliance with State of Illinois redac- tion laws and can all be managed from within the system, redacting applicable data. • Violator Data Expungement: Effectively manages State of Illinois expungement rules for certain violations to ensure compliance. Payment and Collections Management • Finance Integration: Integrates with multiple finance systems to streamline payments. • Ticket Payment Entry: Interfaces with multiple web-pay portals. • Automated Fine Escalation: Automatically monitors unpaid citations and escalates fines according to local ordinance fine escalation schedules. 3  • Collections Vendor Integration: Interfaces with collection agencies to streamline data transfer, eliminating manual input. INTERESTED PERSONS CONTACTED Members of the police department’s systems technology unit and DACRA staff have discussed the benefits of continuing with this platform to streamline, automate and organize the local vio- lation enforcement process. FINANCIAL ANALYSIS The annual cost is based on a monthly licensing fee and a tiered, per adjudication monthly cita- tion fee. The pricing structure is dependent on the total volume of citations issued. The city can terminate the agreement at any time with a 90-day notice to DACRA and the subscription is a budgeted item. 4  License Fees Year Monthly License Fee Yearly Total 2026 $1,500 $18,000 2027 $1,575 $18,900 2028 $1,653.75 $19,845 2029 $1,736.44 $20,837.28 2030 $1,823.26 $21,879.12 Usages Fees Year Monthly Average Cost Each Total Monthly Yearly Total 2026 1158 $3.00 $3,474 $59,688 2027 1158 $3.15 $3,647.70 $62,672.40 2028 1158 $3.31 $3,832.98 $65,840.76 2029 1158 $3.47 $4,018.26 $69,056.40 2030 1158 $3.65 $4,226.70 $72,599.52 Total Yearly Cost Year Total Cost (License Fee + Monthly Usage Fee) 2026 $77,688 2027 $81,572.40 2028 $85,685.76 2029 $89,893.68 2030 $94,478.64 On average 1,658 citations are issued that include parking, code, and city ordinance violations each month. The total cost of this agreement includes the monthly licensing fee and monthly usage fee utilizing this average (500 citations are included at no cost). BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-2309-731.40-06 N/A $36,000 $60,000 General 010-1606-717.40-06 N/A $17,688 $17,688 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance requiring approval by two-thirds of the city council. 5 ALTERNATIVES The city council may choose not to approve the agreement with DACRA Tech, LLC. Under this option, the city would have to seek an alternative electronic citation system or return to hand- written citations and tracking. NEXT STEPS Execute the agreement with DACRA Tech, LLC. Originators: Scott Holmes, 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. Agreement between the City of Elgin and DACRA Tech LLC 6  DACRA TECH LLC MASTER SOFTWARE LICENSING AGREEMENT This MASTER SOFTWARE LICENSING AGREEMENT (this “Agreement”) is dated January 1, 2026 (the “Effective Date”) by and between Dacra Adjudication Systems, LLC d/b/a Dacra Tech, LLC, a Delaware limited liability company, (“Dacra”), and City of Elgin (the “Municipality”), and together with DACRA collectively, the “parties”). RECITALS WHEREAS, Dacra is engaged in the business of developing, managing and deploying municipal software applications, including but not limited to, a flagship citation issuance and adjudication system as well as other software tools and services including, e-Citation, Adjudication, Tow Management, and Fine Payment Processes; and WHEREAS, the Municipality desires to utilize certain services of Dacra under the terms and conditions set forth herein. NOW THEREFORE, in consideration of the covenants and conditions set forth in this Agreement and in consideration for the use of the Services by the Municipality; AGREEMENT 1. Standard Terms and Conditions. The parties hereby incorporate by reference into this Agreement the foregoing recitals as well as the Master Terms and Conditions as set forth within Exhibit A (the “Master Terms and Conditions”). 2. Services. The Municipality hereby retains certain software services from Dacra as set forth within Exhibit B (the “Services”). 3. Pricing. In exchange for the use of the Services, the Municipality will be billed Fees as set forth within Exhibit C (the “Fees”). 4. Term. The term of this Agreement shall be five (5) years and shall commence on the Effective Date (“Initial Term”). This Agreement shall automatically renew for successive periods of one year each at the then current pricing absent written notice by one party to the other party not less than 90 days prior to the expiration of the Term then in effect. Municipality will be notified of the then current pricing no less than 90 days prior to the expiration of the term. 5. Notices. Any notices or communications required or permitted to be given by this Agreement must be given in writing and personally delivered; or mailed by prepaid, certified mail, or courier; or transmitted by electronic mail transmission (including PDF) to whom such notice or communication is directed, to the mailing address or regularly monitored electronic mail address of such party as follows: If to the Municipality: If to Dacra: City of Elgin Dacra Tech, LLC Attention: Richard G. Kozal, City Manager Attention: Dave Braner, CEO 150 Dexter Court 450 Devon Avenue, Suite 100 Elgin, IL 60120 Itasca, IL. 60143 Email: richard.kozal@elginil.gov Email: David.Braner@Dacratech.com  IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Dacra Tech, LLC a Delaware limited liability company By: Name: Dave Braner Title: CEO of Dacra Tech Date: City of Elgin an Illinois municipal corporation By: Name: Richard Kozal Title: City Manager Date: Legal Dept\Agreement\Dacra Tech Master Software Licensing Agr-2-18-26.docx [Signature page to Master Software Licensing Agreement]  EXHIBIT A MASTER TERMS AND CONDITIONS A. Limited License Granted Municipality is hereby granted during the Term of this Agreement, a nonexclusive, non-assignable, royalty free, limited license (the “License”) to use the Services (including access to any software owned by Dacra as encompassed within the Services) solely for the Municipality’s ordinance and code compliance purposes and subject to the terms of the Agreement. B. Third-Party Agreements Municipality hereby agrees that it may be necessary to enter into one or more additional contracts at the sole expense of Municipality with one or more third-party vendors in order to use and/or maximize some features of the software provided by Dacra such as the Municipality’s online payment processor or the Municipality’s collection agency. C. Data Municipality at all times will retain sole ownership of its Municipal Data. The term “Municipal Data” refers to all citation and hearing data collected on behalf of the Municipality with respect to the Services. Dacra at all times retains the right and license during the Term to access the Municipal Data and to grant third parties access to the Municipal Data in order to use and/or maximize some features of the software provided by Dacra such as the Municipality’s online payment processor or the Municipality’s collection agency. Municipality will undertake all reasonable measures to protect Municipal Data from unauthorized access and will comply with the Dacra Services Privacy Policy, which can be found on Dacra’s website. Upon termination of the agreement, Dacra will provide Municipality an electronic copy of Municipal Data within sixty (60) days after the effective date of termination. D. Dacra’s Intellectual Property Dacra or its licensors retain all ownership and Intellectual Property Rights in and to the Services, including any software, algorithms, programs, tools, code or instrumentalities encompassed therein in any manner and/or relating to the Services as utilized by the Municipality. Additionally, Dacra retains all ownership and Intellectual Property Rights to anything (including without limitation software and written product) delivered under the Agreement, including any future developments thereof, regardless of whether any Municipal employees or agents, had any input or in any way assisted in any such new development. Municipality hereby acknowledges that it may not: (i) Allow access to the Services available in any manner to any third-party or for any purpose not authorized by this Agreement unless such access is expressly permitted in writing by Dacra; (ii) Copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, any materials provide by Dacra; and (iii) Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs). As utilized herein, the phrase “Intellectual Property Rights” shall include, without limitation, all patent, trademark, trade secret and copyrights relating in whole or in part to the Services and whether such right arises by registration with the United States Patent & Trademark Office (the “USPTO”), through the United States Library of Congress, with any state or municipal body and/or arising by common law or statute, including without limitation the Illinois Trade Secrets Act, 765 ILCS 1065 et seq or the Defend Trade Secrets Act of 2016. E. Pricing and Billing The Fees set forth in the Agreement will remain fixed during the Initial Term absent a written amendment signed by the parties. Municipality agrees to pay any sales, value-added or other similar taxes imposed by applicable law that Dacra must pay based on the Services, except taxes based on Dacra’s income. For any partial month during the Term, the Fees shall be prorated based on the number of days that the Services were provided for such month. Dacra may audit Municipality’s use of the Services. Municipality hereby agrees to cooperate with Dacra’s audit and provide reasonable assistance and access to information. All payments shall be made in accordance with, and subject to, the Illinois Local Government prompt Payment Act (50 ILCS 505/1-9). F. Termination Municipality may terminate this agreement at any time with 90 day written notice provided. Dacra may immediately suspend the License in the event: (i) Municipality fails to pay any sums due Dacra under the Agreement within ten (10) days after written notice from Dacra of the payment default, or (ii) in the event of a breach of this Agreement by Municipality which is not cured within 10 days of written notice thereof. In the event of such termination, Municipality agrees to pay all fees due Dacra which accrue or are incurred prior to the termination of the Agreement. G. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY LAW, DACRA HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE HEREUNDER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, OR PROFITS. H. Other (i) Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, or employment relationship between the parties, nor shall either party have the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other. (ii) Upon the full execution of this Agreement, all prior agreements, if any, shall terminate and be of no further force and effect, and shall be superseded and replaced in their entirety by this Agreement. (iii) Dacra may assign this Agreement by providing written notice of the assignee who will assume Dacra’s obligations under this Agreement. Municipality may not assign this Agreement without Dacra’s prior written consent, which may be withheld in the sole discretion of Dacra. (iv) Municipality shall obtain at its sole expense any rights and consents from third-parties necessary for Dacra and its subcontractors to perform the Services under the Agreement. (v) This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. DACRA hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and DACRA agrees that service by certified first class U.S. mail to: David Braner, CEO, DACRA Tech LLC, 450 Devon Avenue, Suite 100, Itasca, IL 60143, or such other address as shall be communicated from time-to-time , shall constitute effective service. Both parties hereto waive any rights to a jury. (vi) Except for actions for nonpayment or breach of Dacra’s proprietary rights, no action, regardless of form, arising out of or relating to the Agreement may be brought by either  party more than two years after the cause of action has accrued. (vii) Neither party to this Agreement shall be responsible for failure or delay of performance if caused by: an act of war, hostility, pandemic, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. (viii) This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, and each of which together shall constitute a single instrument. Copies of this Agreement (as well as any documents related to this Agreement) signed and transmitted by a party by electronic transmission shall be deemed for all purposes as containing the original signature of the transmitting party and legally binding upon such transmitting party. (ix) Dacra may publish that the Municipality utilizes one or more Services of Dacra. (x) There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. (xi) This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. (xii) DACRA hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. (xiii) The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. (xiv) Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, DACRA shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, DACRA hereby certifies, represents and warrants to the Municipality that all of DACRA'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. DACRA 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 Municipality shall have the right to audit any records in the possession or control of DACRA to determine DACRA's compliance with the provisions of this section. In the event the Municipality proceeds with such an audit, DACRA shall make available to the Municipality DACRA's relevant records at no cost to the Municipality. Municipality shall pay any and all costs associated with any such audit. (xv) 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. For the purposes of executing this  agreement, any signed copy of this agreement transmitted by fax machine or e-mail 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 fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. I. Maintenance and Support Dacra shall provide the following maintenance and support as a component of the Services using guidelines, structures, and materials meeting the following criteria: (i) Training. As part of the start-up and implementation phase of the delivered Services, all users will be trained on the use of the Services through a combination of in-person and/or webinars and recorded training video sessions for all users not able to participate in the initial training sessions. Additional training provided beyond the start-up phase will be quoted and agreed to in writing. (ii) Support. Dacra shall provide access to live support to a designated user of Municipality available via e-mail or phone during Dacra’s normal business hours. The Dacra support team will be fluent in the functionality of the system. (iii) Exclusions. Dacra updates the Service on an as needed basis from time-to-time to implement bug fixes, if any, and enhanced functionality to the existing Service such as additional reporting and enhanced user interface. Notwithstanding the forgoing, all provision and maintenance of hardware and software, including but not limited to laptop computers, desktop computers, printers, modems & routers and software to operate the hardware such as operating systems, and browsers [Google Chrome, Microsoft Edge, IOS] necessary to run the Service, are the sole cost and responsibility of Municipality. J. Service Performance Guarantees (i) Availability Requirements. DacraTech shall make the Services Available, as measured over the course of each calendar month, during the Term (each such calendar month, a "Service Period"), at least 99.9% of the time, excluding only the time the Services are not Available solely, as a result of one or more the Exceptions stated in Section 11.2 ("Availability Requirement"). "Available" means the Services are available and operable for access and use by Client and its Authorized Users over the internet in full conformity with the provisions of this Agreement. "Availability" has a correlative meaning. The Services are not considered Available in the event of any performance degradation or inoperability of the Services, in whole or in part. (ii) Exceptions. No period of Services degradation or inoperability is included in calculating Availability to the extent that the degradation or inoperability is because of any of the following ("Exceptions"): a. Client's or any of its Authorized Users' misuse of the Services b. Failure of Client's or its Authorized Users' internet connectivity. c. Internet or other network traffic problems other than problems arising in or from networks actually or required to be provided or controlled by DacraTech. d. Client's or any of its Authorized Users' failure to meet any minimum hardware or software requirements stated in the Specifications; or e. Scheduled Downtime as described in Section (ii) below.  (iii) Scheduled Downtime. DacraTech shall notify Client at least twenty-four (24) hours in advance of all scheduled outages of the Services in whole or in part ("Scheduled Downtime"). All scheduled outages shall: (i) last no longer than 30 minutes; and (ii) be scheduled by agreement of the parties; provided that DacraTech may request Client's approval for extensions of Scheduled Downtime, which approval may not be unreasonably withheld or delayed. K. Insurance Requirements Dacra shall maintain during the entire term of the Contract, the following insurance coverages: (i) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. The general aggregate shall be $2,000,000 per project. (ii) Professional Liability: $1,000,000 single limit for errors and omissions, professional / malpractice liability. (iii) Worker’s Compensation and Employers’ Liability: As required by Illinois law. (iv) Umbrella Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage.  EXHIBIT B SERVICES REQUESTED BY MUNICIPALITY The Dacra Services included in this Agreement, and which will be deployed to the Municipality with the functionality stated hereunder are as follows: DACRA MUNICIPAL ENFORCEMENT SYSTEM FEATURES Dacra Municipal Enforcement System Architecture and Security • Architecture/Hardware o .NET stack with SQL back end separated from the front end via entity framework services o Web-based platform that works with modern hardware, with Chromium engine o JSON APIs available as well as numerous government and public safety software system integrations o For handheld ticketing, iPads preferred for efficient printing o Compatible with either 4” or 8 ½” Printers • Security o Dacra is hosted in Azure Government Cloud, a restricted cloud dedicated to government services. o Criminal Justice Information Services (CJIS) compliant software o Two factor authentication (2FA) and Single Sign On (SSO) authentication capable o Department/personnel roles isolate secure data to authorized users o Extensive citation auditing features track changes to citations Adjudication/Violation Hearing Module • Municipal Enforcement Citation Tools: Create local ordinance administrative adjudication cases easily with features customized for the following: o Parking Citations – Multiple methods to efficiently manage parking citation issuance and adjudication o Animal Citations – Track animal specific information and ensure follow-up findings and order compliance o Compliance Citations – Department specific ordinance citations for police, building code, fire inspections, etc. o Tow Citations – Ensure administrative tow/impound hearings comply with local ordinance and state statutes o Per violation features include correspondence creation, digital evidence storage, and tracking o Custom per violation fines and fees • Hearing Management Tools: Efficiently manage multi-department notices and hearings with features such as: o Multiple Hearing Locations and Times o Hearing Notices and Summons variable by issuing department o Comprehensive hearing check-in processing o Case-based Violations and Hearing Officer Tools for Case Review o Findings, Decisions, and Orders Issued with Custom Language o Final Determination Letters Issued with Custom Language o Batch Process for “Default No-Show” rulings o Batch Process management of notices • Fine Tracking and Payment Tools: Dacra automatically monitors unpaid citations and escalates fines accordingly, while offering a variety of fine payment tools such as: o Complex Fine Structure Tracking o Partial Payment Capability o Daily Cashier Reporting • Data Reporting and Analysis: o Robust library of pre-built reports prepared to help manage administrative processes and system analysis. o Extensive search capabilities provide complex, multi-rule data searches for comprehensive reporting/analysis.  Police e-Citation Module • State e-Citations: o Issue and print statutorily compliant citations: ▪ Electronic Uniform Traffic Citation ▪ Electronic AOIC Overweight Citation ▪ Electronic Civil Law Citation ▪ Cook County “Y” Citation Format ▪ Compliant with Administrative Office of Illinois Courts standards o Electronic County Citation Transmittal for select counties o Custom transmittal forms for multiple circuit court systems • Municipal e-Citations: o Issue and print local ordinance citations in the following categories: ▪ Parking Citations – Multiple methods to speed parking citation issuance ▪ Animal Citations – Track animal specific information and ensure follow-up findings and order compliance ▪ Compliance Citations – Police specific ordinance citations with follow-up findings and order compliance ▪ Tow Citations – Issue administrative tow seizure and hearing notices • Additional Citation Features: o Integration options available for person/vehicle data population o One click “companion” violations with case grouping features o Dacra’s “3-Click Ticketing” issued via handheld devices o Agency defined, mandatory field completion reduces human error o Dacra’s “Easy Search” statute and ordinance lookup functionality o Citation level digital evidence/record storage o Extensive citation data analytics with location/offender mapping capabilities • Traffic Stop Study (TSS) and Pedestrian Stop Study (PSS) Data Collection: o Easily collect required traffic stop data to reduce entry time and generate reports for uploading. o Generate a pedestrian stop receipts as required by the state of Illinois. • Violator History: o Citation and warning history summary displayed to issuing officer. • Officer Docs: o Create and print single-use documents needed for the police patrol environment. o Stored in the digital evidence module when created in conjunction with a citation. Building Code Notice & Summons Module • Building Code Notice and Summons Creation: o PIN database lookup for quick citation population o Multi-PIN association for citations and case tracking o Department specific summons and notices o Agency defined mandatory field completion to reduce human error o Dacra’s “Easy Search” statute and ordinance lookup functionality • Building Code Case Management: o One click “companion” violations with case grouping features o Citation Grouping for citation creation and hearing management o Citation level digital evidence/record storage o Extensive citation data analytics with location/offender mapping capabilities  Towed/Abandoned Vehicle Management Module • Abandoned Vehicle Management: o Identify abandoned vehicles and create case o Issue required notices and follow-up reports o Prevents duplicate reports from being issued o Follow-up abandoned vehicle tracking report • Towed Vehicle Management: o Police Tow and Impound Inventory Management: Creates and processes tow receipts, vehicle search record, concerned party notices, tow yard inventory audit logs, and Certificates of Purchase management. o Administrative Tow Citation Integration: Dacra unifies tow inventory and violation data from initial seizure/administrative tow issuance, through holds, bond payments, and hearings, ensuring violator due process while reducing department risk. o Tow Holds: A variety of tow “holds” can be applied to a vehicle, restricting the release of that vehicle until the investigative, insurance, DUI and other such holds are removed. • Boot/Scofflaw Management Program: o Issue “Boot Eligible” notices per local ordinance o Bypass rules to add associated vehicles to boot list o Track “Boot Ready” parking scofflaws via “Boot Lists by Plate” and “Boot Lists By Vin” o Integrations available with certain ALPR and Boot vendors Community Care Taking Module • Crime Prevention Notices: o Issue Crime Prevention Notices to communicate areas of concern to residents. o Search tools for tracking prior notices issued • Non-Enforcement Contact Tracking: o Customize notices to provide and refer citizens to community support o Case tracking/journal entry features for individuals with non-enforcement contact Driver & Vehicle Owner Data Imports • LEADS Citation Auto-Population Integration: Dacra can integrate with many CAD vendors to utilize your agency LEADS authorization and allow citation auto-population of driver and vehicle data from the Dacra LEADS queue. 3rd Party Integrations • LPR Integration: Dacra has created a two-way interface with Minuteman/Genetec to export permitted vehicles, and to receive violation information when the LPR system locates such a vehicle. • Collections Vendor Import: Dacra has native import/export tools to ease communication with several collections vendors such as MCOA, as well as certain municipal finance systems. • Database SQL Replication, Site to Site VPN: Dacra created replica via custom development, to communicate citation data to customer RMS.  EXHIBIT C FEES PAID BY MUNICIPALITY In exchange for the use of the Dacra Services included in Exhibit B, Municipality will pay Fees including a Monthly Service Fee, and applicable Integration Fee(s) hereunder as follows: A. Monthly Service Fee: The Municipality will be billed a Monthly Service Fee calculated by totaling the 1) Monthly Licensing Fee for the modules licensed, and the 2) Monthly Usage Fee for citations issued that month: Monthly Service Fee = Monthly Licensing Fee + Monthly Usage Fee 1) Monthly Licensing Fee: Year 1: January 1, 2026 – December 31, 2026 $1,500.00 Year 2: January 1, 2027 – December 31, 2027 – 5% Increase $1,575.00 Year 3: January 1, 2028 – December 31, 2028 – 5% Increase $1,653.75 Year 4: January 1, 2029 – December 31, 2029 – 5% Increase $1,736.44 Year 5: January 1, 2030 – December 31, 2030 – 5% Increase $1,823.26 2) Monthly Usage Fee: Calculated by totaling fees for Adjudication citations issued that month. All State/Warning Citations/Tow Receipts issued are included at no cost. - Year 1: January 1, 2026 – December 31, 2026 $3.00 Each o Adjudication Citations Issued That Month – 500 included at no cost - Year 2: January 1, 2027 – December 31, 2027 $3.15 Each o Adjudication Citations Issued That Month – 500 included at no cost - Year 3: January 1, 2028 – December 31, 2028 $3.31 Each o Adjudication Citations Issued That Month – 500 included at no cost - Year 4: January 1, 2029 – December 31, 2029 $3.47 Each o Adjudication Citations Issued That Month – 500 included at no cost - Year 5: January 1, 2030 – December 31, 2030 $3.65 Each o Adjudication Citations Issued That Month – 500 included at no cost B. Integration Fee(s): In exchange for development, configuration, and maintenance of the custom APIs and interfaces defined in Exhibit B, the Municipality will be billed upon go-live of the interface, with annual maintenance billed in conjunction with the next agreement execution anniversary: Additional Fee Description Monthly Fee Dacra’s standard New World CAD interface to transfer driver/vehicle data Waived Use of Dacra APIs for Data Transfer Waived Minuteman LPR Interface Waived Dacra Database SQL Replica Waived AGENDA ITEM: B MEETING DATE: March 11, 2026 ITEM: Purchase of Services Agreement with Elgin Area Chamber of Commerce ($355,000 Annually for Three-Year Term; Three Percent Increase in Out Years) OBJECTIVE: Contract with the Elgin Area Chamber of Commerce to provide economic development services including small businesses assistance, business retention outreach and foreign trade initiatives and other similar programs. RECOMMENDATION: Approve the purchase of services of agreement for economic development services with the Elgin Area Chamber of Commerce in the amount of $355,000 annually for three years with three per- cent increases in the second and third years of the agreement. ______________________________________________________________________________ The city and the Elgin Area Chamber of Commerce (EAC) have been partnering in economic devel- opment initiatives since 2010 as the “Elgin Development Group” (EDG). The city formerly budg- eted just over a half-million dollars annually for economic development services provided by in- house staff and private sector consultants. By eliminating in-house staff and creating the EDG, the city has been able to substantially reduce its economic development budget without any dim- inution in services. The proposed purchase of services agreement enables the city to continue leveraging the services of the EDG consisting of a full-time president, one full-time economic development specialist, a web master for an economic development web site, plus administrative support staff. The first agreement with EAC in 2010 established a $275,000 annual payment. The proposed three-year agreement for 2026-28 in the amount of $355,000 contemplates three percent in- creases for EAC’s services during the second and third years. BACKGROUND The city and the Elgin Area Chamber of Commerce (EAC) established in 2010 the “Elgin Develop- ment Group” (EDG), a public-private partnership created to perform economic development ser- vices for the city. EAC provides expertise for economic development initiatives and strategies that enhance the city’s competitiveness in the regional and global economies. EAC has five key initiatives and strategies for maintaining and building upon the city’s economic strengths and are summarized in the operational analysis, below. The proposed three-year purchase of services agreement with EAC contemplates an annual pay- ment beginning at $355,000 during the first year of the agreement and then increasing by three percent in the second and third years. The first agreement with EAC established a $275,000 an- nual payment from the city. As with all city purchase of service agreements, the city reserves the right to terminate the agreement at any time for any reason. OPERATIONAL ANALYSIS EAC provides five core economic development services under its purchase of services agreement. Business Retention and Expansion The priority of almost all economic development programs is for communities to retain their ex- isting business and industry. The competitive economic climate has resulted in companies with multiple locations either relocating or consolidating their facilities in response to appealing eco- nomic development incentives. Regular contact and relationships within the Elgin business com- munity are essential in this environment. EAC’s work plan calls includes a business retention pro- gram that surveys the needs of Elgin’s businesses. In addition to the surveys, the EDG schedules personal visits with the CEOs of Elgin’s key employers. Interaction and networking with the business community will continue at round tables and “Mayor’s President’s Council” events where the mayor and city council members will have an opportunity to address and hear from business, industrial and civic leaders. Existing business expansion generates between 65-80 percent of all new jobs. EAC and the city will continue working maintaining a competitive business environment with a responsive devel- opment review process. Including existing businesses in the city’s economic development toolbox is recognized as a critical component to such expansion. The current U.S. trade economy presents challenges to companies looking to expand their busi- ness into foreign markets. EAC before the pandemic had been successfully encouraging Elgin businesses to consider exporting to grow their sales and was assisting multinational companies located in Elgin meet with national officials to discuss their concerns on existing trade policies. In the current tariff-heavy economic environment, EAC will be working with both Elgin-based busi- nesses and the international business sector during this transitional economy. By leveraging the expertise EAC has acquired to navigate the shifting economic conditions in international markets, Elgin will be better positioned to capture businesses seeking to establish a presence in the United States. 2 Business Recruitment Recruiting new businesses and industries to Elgin that will provide desirable jobs and add to the community’s tax base is an essential economic development activity. With over half the growth of the city’s region being attributed to direct foreign investment, EAC will continue promoting the advantages of an Elgin location to worldwide and domestic audiences. EDG’s website functions as a critical tool for such recruitment efforts. EAC recognizes that web sites are typically the first point of contact with site developers and business contacts and is a valuable marketing asset for Elgin business attraction, retention and community development efforts. With competition among economic development organizations to recruit new businesses, EAC’s work plan calls for maintaining the current strong relationship with site selectors, developers, and brokers, as well as organizations that would lead to direct foreign investment. EAC’s work with the Illinois Department of Commerce, German-American Chamber of Commerce, Intersect Illinois and Chicago’s International Trade Commissioners Association are representative exam- ples. Workforce Development Workforce development joins business retention, expansion and recruitment as the key pillars of economic development. Elgin currently “imports” approximately 77 percent of its workforce from other communities. The EAC’s Workforce Development Committee meetings bring together educational, governmental, civic and business leaders to coordinate efforts to build and maintain a viable workforce. An important EAC workforce goal is to encourage local employers to fill job vacancies with Elgin residents using possible financial or training incentives. EAC will continue to work with Elgin Com- munity College, Judson University, Illinois Department of Employment Security, and other organ- izations, many of which the EAC already collaborates with, to enhance workforce programs avail- able to local businesses. EAC supports the Alignment Collaborative for Education by serving on the Governing Board, Op- erating Board and the Educational Pathways A Team. It also partners with the Alignment Collab- orative for education and U-46 on the planning and recruiting of exhibitors for the Curriculum and Career EXPO. Transportation and Development Transportation has a broad role in shaping economic development. Policy concerns increasingly focus on the effects of transportation on where people live and on where businesses locate. EAC 3 recognizes the effects that these location decisions have on land use patterns, congestion of ur- ban transportation systems, use of natural resources, air and water quality, and the overall qual- ity of life. Urban sprawl, farmland preservation, and air and water quality are at the forefront of policy debates at both the national and local levels. To make prudent decisions, the city must be equipped with the best information and analysis possible about the interactions among these various factors. EAC’s Transportation and Development Committee will continue to serve as a clearinghouse for significant infrastructure projects. Members of the committee include representatives from the Kane County Board, the municipalities of Elgin and South Elgin, EDG, Kane County Department of Transportation (KDOT) and the development community. Enhancing Elgin The “Enhancing Elgin” initiative is designed to foster investment and to create a diverse and vi- brant local economy. The initiative promotes the use of both conventional and social media to both market Elgin economic development opportunities as well as the city’s branding campaign. INTERESTED PERSONS CONTACTED The Elgin Area Chamber of Commerce was consulted regarding the proposed purchase of ser- vices agreement for economic development services. FINANCIAL ANALYSIS The city in the past has budgeted just over a half-million dollars annually for economic develop- ment services provided by in-house staff and private sector consultants. By eliminating in-house staff and creating the Elgin Development Group in 2010, the city was able to reduce its economic development budget by approximately $225,000 without any diminution in services. The pro- posed purchase of services agreement enables the city to leverage the services of an EAC staff consisting of a full-time president, one full-time economic development specialist, a web master for the EDG’s web site, plus administrative support staff. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-1704-716.80-02 N/A $355,000 $355,000 4 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to approve the purchase of services agreement for economic development services with the Elgin Area Chamber of Commerce. This alternative will require a reallocation of internal resources to enable city staff to perform the services described in the proposed purchase of services agreement. NEXT STEPS Execute the proposed purchase of services agreement for economic development services with the Elgin Area Chamber of Commerce. ___________________________________________________________________________ Originators: Richard G. Kozal, City Manager Final Review: Debra Nawrocki, Chief Financial Officer Christoher J. Beck, Corporation Counsel ______________________________________________________________________________ ATTACHMENTS A. Proposed Purchase of Services Agreement for Economic Development Services 5  ECONOMIC DEVELOPMENT SERVICES AGREEMENT This Service Agreement (Agreement) is made and entered into this 25th day of March 2026, by and between the City of Elgin, an Illinois municipal corporation (City), and the Elgin Area Chamber of Commerce, an Illinois not-for-profit corporation (EAC), establishes the terms and conditions under which EAC agrees to perform the economic development services for the City. Whereas, the City wishes to enhance the economic development of the city of Elgin and its individual residents and businesses; and Whereas, EAC can provide expertise in the matter of economic development; and Whereas, EAC is ready, willing and able to provide particular attention and activities for the economic development of the city of Elgin; Now, therefore, in consideration of the mutual promises by EAC and the City to each other, the parties agree as follows: SECTION I TERMS AND CONDITIONS 1. Services: EAC will perform the services specified in Section II and provide the equipment, staff and materials to achieve them. In performing the Services under this Agreement, EAC is an independent contractor and not an employee of the City, and EAC will not hold itself out as any such employee. EAC has no authority to make any agreement or commitment on behalf of the City. 2. Term: The term of this Agreement shall commence on January 1, 2026 and end on Decem- ber 31, 2028. 3. Compensation: In consideration of the rendering of services by EAC under this Agreement, during calendar year 2026, the City agrees to pay EAC $355,000 annually, payable quarterly as billed on March 31, 2026, June 30, 2026, September 30, 2026 and December 31, 2026 for services provided by EAC. During calendar year 2027, the City agrees to pay $365,650 annu- ally, payable quarterly as billed on March 31, 2027, June 30, 2027, September 30, 2027 and December 31, 2027 for services provided by EAC. During calendar year 2028, the City agrees to pay $376,620 annually, payable quarterly as billed on March 31, 2028, June 30, 2028, Sep- tember 30, 2028 and December 31, 2028 for services provided by EAC. 4. Reporting: EAC when requested by the city manager shall provide a written, oral, or written and oral report to the mayor and city council, to include but not be limited to, prospect activ- ity, challenges to economic development, local employment trends, coordinated efforts with other agencies and recommendations to improve the economic development climate. EAC shall also provide a copy to the City of the auditor’s opinion from its annual audit. 5. Notice of Claim: If EAC wishes to make a claim for additional compensation because of ac- tion taken by the City, EAC shall give written notice of its claim within 15 days after occur- rence of such action. No claim for additional compensation shall be valid unless so made. Any changes in EAC's fee shall be valid only to the extent that such changes are included in writing signed by the City and EAC and approved by way of written amendment to this Agree- ment. 6. Indemnification: To the fullest extent permitted by law, EAC 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 EAC in connection herewith, in- cluding negligence or omissions of employees or agents of EAC arising out of the perfor- mance 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 provi- sions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. 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. 8. Insurance: EAC shall provide, pay for and maintain in effect, during the term of this Agree- ment, the following types and amounts of insurance: a. Comprehensive Liability: A policy of comprehensive general liability insurance with lim- its of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for prop- erty damage. EAC shall deliver to the City a certificate 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 City. The certificate of insurance that shall include the obligation assumed by the EAC under paragraph 6 of Section I of this Agreement enti- tled “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 2  other available insurance, alternatively, if the insurance states that it is excess or pro- rated, 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: EAC shall carry, when applicable, professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined sin- gle limit of not less than $1,000,000 per occurrence. A certificate of insurance shall be submitted to the City as evidence of insurance protection. The policy shall not be mod- ified or terminated without thirty (30) days prior written notice to the City. 9. Nondiscrimination: In all hiring or employment made possible or resulting from this Agree- ment, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualifica- tion, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any ser- vices or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, mar- ital status or the presence of any sensory, mental or physical handicap. Any violation of this provision 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. 10. 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 which consent may be withheld at the sole discretion of the City. 11. Delegations and Subcontractors: Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and EAC shall remain liable to the City with respect to each and every item, condition and other provision 3  hereof to the same extent that the EAC would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcon- tractor shall require the City's advanced written approval. 12. Cooperation with Other Economic Development-Related Boards and Agencies: EAC shall cooperate with any other economic development-related boards and agencies under the City’s employ, including but not limited to the Downtown Neighborhood Association and El- gin Area Convention and Visitor’s Bureau, or with any economic development-related board, agency or professional performing work associated with this Agreement. 13. No Co-Partnership or Agency: This Agreement shall not be construed so as to create a part- nership, joint venture, employment or other agency relationship between the parties hereto. 14. Severability: The parties intend and agreed that, if any paragraph, sub-paragraph, 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. 15. Headings: The headings of the several paragraphs 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. 16. 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 un- less expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 17. Notices: The City and EAC shall each appoint a contact for all written communications be- tween the parties. For the City, all notices shall be sent to: City Manager, City of Elgin, 150 Dexter Court, Elgin, Illinois, 60120. For EAC, all notices shall be sent to: President, Elgin Area Chamber of Commerce, 31 South Grove Avenue, Elgin, IL, 60120. The parties shall ap- prise each other of changes in contact information as may occur from time to time. All no- tices, reports and documents sent pursuant to this Agreement shall be mailed to the above addresses by First Class Mail, postage prepaid. 18. Confidentiality: It is recognized that the handling of prospect information requires access to confidential information. As such, EAC shall maintain all prospect information in confidence. 4  EAC shall provide confidential prospect information solely to the mayor and city manager as representatives of the City, who to the extent permitted by law shall attempt to maintain such information in strict confidence. All other prospect information shall be so coded, organized or structured to prevent the identity of the prospect from being publicly known until such time that the prospect may deem it appropriate. 19. Funding Opportunities: It is recognized that EAC may wish to access certain grant funding pools whereby the City must act as a “pass through” or coordinating agency. In such cases, the city manager shall be authorized by the city council to execute, administer and manage such grants on behalf of the City and EAC, provided that such grant does not necessitate an appropriation of funds by the municipality. 20. Applicable Law: This Agreement shall be deemed to have been made in and shall be con- strued 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. 21. Cooperation with Other Consultants: EAC shall cooperate with any other consultants in the City's employ or any work associated with this Agreement. 22. Sexual Harassment Policies: As a condition of this Agreement, EAC 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; d. The vendor's internal complaint process including penalties; e. The legal recourse, investigative and complaint process available through the Illinois De- partment 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 EAC to the Department of Human Rights upon request 775 ILCS 5/2-105. 23. 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 EAC shall comply with all applicable federal, state, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, EAC hereby certifies, represents and warrants to the City that all EAC's employees and/or agents who 5  will be providing products and/or services with respect to this Agreement shall be legal res- idents of the United States. EAC 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 EAC to determine EAC's compliance with the provisions of this section. In the event the City proceeds with such an audit the EAC shall make available to the City the EAC'S relevant records at no cost to the City. EAC shall pay any and all costs associated with any such audit. 24. Work Products. All Work Products prepared by EAC pursuant hereto, including, but not lim- ited to, reports, studies, plans and recommendations shall be delivered to the City upon re- quest of the City provided, however, that EAC may retain copies of such Work Products for its records. 25. Breach of Agreement: 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 administrative, contractual or legal remedies as may be available to the violation or breach; and in addition, if either party by reason of any default fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of this 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 EAC pursuant to Section 3 hereof, no action shall be com- menced by EAC against the City for monetary damages. 26. Termination: Notwithstanding any other provision hereof, the City may terminate this Agree- ment at any time upon thirty (30) prior written notice to EAC. In the event this Agreement is so terminated, EAC shall be paid for services actually performed, and reimbursable ex- penses actually incurred prior to termination, except that reimbursement shall not exceed the quarterly amount set forth under Section 3 above. Additionally, in the event this Agree- ment is so terminated, EAC shall immediately cease the expenditure of any funds paid to EAC by the City and shall refund to the City any unearned or unexpended funds. 27. Interference with Public Contracting: EAC certifies hereby that it is not barred from bidding or submitting a proposal for this Agreement as a result of violation of 725 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 28. Substance Abuse Program: As a condition of this Agreement, EAC shall have in place a writ- ten substance abuse prevention program which meets or exceeds the program require- ments 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 City’s City Manager prior to the entry into and execution of this Agreement. 6 29. Invoices: EAC shall submit invoices to the City for the payments to be made by the City to EAC pursuant to paragraph 3 of this Agreement. Such invoices shall be in a format approved by the City. EAC shall maintain records showing actual time devoted and costs incurred pur- suant to this Agreement. EAC shall permit an authorized representative of the City to inspect and audit all data and records of EAC for work done under this Agreement. EAC shall make these records available at reasonable times during the Agreement term and for one (1) year after termination of this Agreement. 30. Budget Appropriation: Notwithstanding anything else to the contrary in this Agreement, the parties understand and agree that the fiscal year of the City is the twelve-month period end- ing December 31 of each year. The obligations of the City under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of this Agreement, sufficient funds for the discharge of the City’s obligations under the Agreement are not appropriated and authorized, then this Agreement shall terminate as of the last day of the preceding year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the City for damages, penalties or other charges or any other relief whatsoever on account of such termination. SECTION II EAC DUTIES AND SERVICES DUTIES 1. EAC shall provide qualified and competent staff for the recruitment of and assistance to new business and industry, as well as for the expansion of existing business, providing all man- agement and administrative services necessary to present a viable program. 2. EAC shall be responsible for the operation of the programs carried out under the terms of this Agreement. The EAC’s president or the president’s designate shall be responsible for the day-to-day operations of economic development activities and the general supervision and management of the business affairs under this Agreement. 3. EAC shall provide office space, general office supplies, office equipment, auto, rent, ac- counting and legal services, insurance, payroll taxes, general postage, and telephone nec- essary for carrying out the terms of this Agreement. 4. EAC shall ensure that no funds provided by the City under this Agreement will be used to support traditional chamber of commerce activities that generally serve and benefit only the 7  chamber membership or programs not directly related to economic development. Nothing in this contract, however, shall prevent the City from specifically funding new projects as proposed by EAC. 5. EAC shall operate the programs contemplated in this Agreement for the public good for the promotion of business, industry and trade within Elgin. 6. EAC shall conduct telephone or personal meetings with all economic development related prospects referred to EAC by the City and shall regularly provide the City with progress re- ports on each economic development prospect referred to EAC by the City. 7. EAC shall provide in collaboration with the City an ongoing strategy for the economic devel- opment based upon current initiatives. 8. EAC shall make its books and financial records concerning the funds expended under this Agreement available to the City for inspections and review and audit. EAC will, at no expense to the City, provide an annual report and accounting of expenditures of the funds covered by this Agreement. 9. EAC will continue to utilize and engage business, community, and civic volunteers to help implement key economic development initiatives. 10. EAC will provide economic development services using the talents of experienced and knowledgeable economic development specialists and an administrative support staff, in- cluding information technology. SECTION III PURPOSE The over-arching goals of the EAC, in conjunction with its role as a member of the Elgin Develop- ment Group (EDG) public-private strategic partnership, are to: ú Provide a solid tax base to support quality municipal and educational goals ú Improve the quality of life and standard of living for Elgin residents ú Create a diverse and vibrant local economy ú Generate desirable employment opportunities To achieve these goals, EAC as a member of the EDG partnership, employs proven economic development initiatives and strategies to meet Elgin’s challenges, current economic realities, and 8 which are consistent with the City of Elgin’s “2023 Strategic Plan.” Specific action items relevant to the Strategic Plan are noted in the margin under Core Services and Deliverables. The EAC’s and EDG’s five, key economic development initiatives include: 1. Business Retention and Expansion 2. Business Recruitment 3. Workforce Development 4. Transportation and Development 5. Enhancing Elgin SECTION IV CORE SERVICES AND DELIVERABLES BUSINESS RETENTION AND EXPANSION: Retaining existing businesses through proactive outreach, providing assistance and resources and maintaining a business-friendly environment, with a special emphasis on small business. The EAC shall conduct an annual business retention program in which existing businesses and employers are identified and personal contact is made with City businesses by EAC through on- site visits, mail surveys, email or telephone calls. EAC’s business retention program shall be de- signed to identify and address the needs of existing businesses and the manner in which the EAC and the City can better assist those businesses, including, but not limited to, the following com- ponents: 1. Business Retention surveys will be sent to companies located in industrial and business parks on a three-year revolving basis. The survey will be redesigned with the help of the Business Recruitment and Retention Committee, if necessary, to keep up with changing conditions. An electronic survey will be distributed. 2. Business Retention surveys will be sent to businesses in different sectors such as retail and financial services to expand the scope of services. The survey will be redesigned with the help of the Business Recruitment and Retention Committee, if necessary, to keep up with changing conditions. An electronic survey will be distributed. 9 3. Conduct events in which local products made and manufacturing businesses in Elgin are promoted. The purpose of the event is to create a pipeline of workers and educate the public about advanced manufacturing. 4. Conduct retention calls with key chief executive officer or their designated representatives of key Elgin businesses. 5. Respond to requests for assistance from the business community in resolving issues relating to retention and expansion. 6. Analyze and act upon the results of the retention surveys and CEO visits. 7. Coordinate meetings of the Mayor’s President’s Council with a cross-section of Elgin’s busi- ness leaders. 8. Cooperate with the City and others in establishing a more comprehensive demographic data set. 9. The EAC will act as a clearinghouse for information, assist businesses in navigating the de- velopment process, advocating on their behalf, negotiating for them on development matters when requested, brokering incentive requests and shepherding projects from the beginning to the end. 10. Conduct roundtables involving business sectors important to the growth of the Elgin econ- omy. 11. The EAC will promote international trade and help businesses assess their export and foreign market potential. 12. The EAC will conduct workshops dealing with trade and exporting as needed. The EAC will continue to provide exporting companies with Certificates of Origin services. 13. Welcome new businesses to Elgin through personal visits and follow-up with any requests for assistance. 10 BUSINESS RECRUITMENT: Showcasing Elgin as a preferred business location, recognizing the importance that foreign direct investment plays in Elgin’s economy, EAC shall: 1. Assist building owners, brokerage community and others in filling speculative industrial space and work with new businesses, existing business and start-up businesses that are searching for industrial space. 2. Develop an inventory of potential vacant land for future industrial development. 3. Work with state and federal organizations to immediately respond to business and developer requests for information. 4. Perform the following business attraction services to aid prospective businesses and devel- opers: a. Respond to DCEO’s and Intersect Illinois’ statewide inquiries seeking information for significant development projects by referring projects to brokers and developers ac- tively engaged in the development of Elgin. b. Provide information from EAC’s subscribed (CoStar) or maintained databases of eco- nomic, demographic, commercial real estate and related data for economic develop- ment by providing such data to prospective businesses or developers considering lo- cating in Elgin. c. Continue to maintain and establish new relationships with real estate professionals through individual meetings and by participating in events, as time and resources per- mit. d. Market Elgin’s retail opportunities and sites to key developers at trade shows and ar- range and host follow up on site visits focused on commercial or retail development. e. Use the Retail Market Analysis to identify current market conditions so that develop- ers and owners could determine market potential for existing and new construction. The Analysis will also be used to attract businesses to Elgin’s retail corridors. f. Use the Industrial Market Analysis to identify current market conditions so that devel- opers and owners could determine market potential for existing and new construc- tion. The Analysis will also be used to attract developers and users to Elgin’s Industrial and Business Parks. g. Market and promote Elgin’s office market to prospective tenants or existing busi- nesses. 11 5. Domestic and Global Economic Initiatives: Time and resources permitting, the EAC shall con- tinue its initiatives to attract businesses and quality jobs. Marketing efforts in North American and European regions as well as countries where the U.S. has free trade agreements shall be developed by distributing our peer-to-peer brochures to businesses traveling internationally and to DCEO offices in these regions. a. Maintain relationships with DCEO and Intersect Illinois on foreign trade initiatives. b. Continue to engage foreign companies through the German American Chamber, Chi- cago International Trade Commissioners Association (CITCA), and foreign consulates such as the Canadian and Mexican consulates. c. Explore foreign direct investment from all countries. d. Review the City’s existing economic development competitive position including de- velopment assistance programs to ensure Elgin retains its ability to attract commer- cial/industrial investment and create jobs. e. The EDG will prepare a brochure highlighting products made in Elgin to distribute by public officials and business executives traveling outside the U.S. f. The EDG will promote Elgin by advertising in various publications. 6. EDG Website: EAC will maintain a web site providing marketing and demographic infor- mation on Elgin. EAC and the City recognize this technology resource is the first point of con- tact with site developers and business contacts and is a valuable marketing asset for Elgin business attraction, retention, and community development efforts. Assessment of the web- site’s performance will take place and be reported quarterly. 7. Entrepreneurial Services: Work with the Elgin Area Small Business Academy to provide en- trepreneurial assistance through its network of businesses. Provide businesses service re- ferrals for business planning, partner referrals, networking opportunities, sales introductions, and financing referrals for small business start-ups and expansions. 8. Maintain and create mutually beneficial partnership with organizations that help entrepre- neurs, business start-ups and existing growing businesses with technical and professional consulting advise such as SCORE, SBA, SBDC, NIU Eigerlab, DNA and others. WORKFORCE DEVELOPMENT: Engaging with businesses and community partners to help build a diverse and skilled workforce. EAC shall continue promoting initiatives created to produce 12 a “workforce ready” labor supply to new and expanding businesses, including, but not limited to, participating in the following activities: 1. Continue to promote ECC workforce programs including the new Manufacturing Regional Training Center that will become a training hub for Elgin employers. 2. Recognize a business, educational institution or organization making an exceptional contri- bution an impact to workforce development with the annual Workforce Award. 3. Conduct Workforce Development Committee meetings bringing together educational, gov- ernmental, civic and business leaders to coordinate efforts to build and maintain a viable work- force. 4. Support the Alignment Collaborative for Education by serving on the Governing Board, Oper- ating Board and/or Educational Pathways A Team. 5. Partner with the Alignment Collaborative for education and U-46 on the planning and recruit- ing of exhibitors for the Curriculum and Career EXPO. Work to expand the EXPO to include par- ents and the community. 6. Encourage and recruit businesses to offer students work-based learning opportunities such as internships, apprenticeships, job shadowing and industry tours. 7. Monitor employment trends including unemployment data, occupation trends, job openings and wage rates. 8. Serve as a clearing house for local hiring events and job fairs. 9. Analyze industry needs for in-demand certifications and credentials at the high school and community college level. 10. Increase awareness and participation in Workforce Innovation and Opportunity Act programs such as on-the-job training and incumbent worker training. TRANSPORTATION AND DEVELOPMENT: Focusing on critical land use and transportation, EAC shall: 13 1. Seek all opportunities for participating in the planning and development of needed transpor- tation and infrastructure projects impacting Elgin, Kane and Cook Counties. EAC shall assist the City in identifying and monitoring additional infrastructure needs and projects as agreed upon by both parties, such as broadband, rail, water, power and communications. 2. The EDG’s Transportation and Development Committee will provide an important discussion forum and sounding board for government officials and representatives from the develop- ment community. 3. Work closely with the City on identifying redevelopment areas. 4. Attend meetings of regional significance effecting Elgin hosted by KDOT, IDOT, ComEd and the Tollway. 5. Work on identifying and promoting critical transportation and infrastructure projects that could benefit the economic prosperity of the city such as U.S. Route 20 west. 6. Assist the City by providing timely workshops on transportation and development issues to foster cooperation and understanding between the city and business community. 7. Work with developers and government officials on mitigating the impact of development fees and property taxes on businesses. ENHANCING ELGIN: Promoting Elgin’s positive aspects and quality of life, EAC shall: 1. Continue to promote the City’s branding campaign with social media. 2. Provide leadership for EDG Elgin Area Small Business Network including planning and mar- keting small business events. 3. Coordinate and market small business training and learning opportunities with community partners. 4. Continue to manage EDG media relations. 14 5. Highlight EDG initiatives on WRMN monthly radio show and in the EAC’s monthly printed newsletter and in the weekly Email newsletter. 6. Conduct a marketing plan for the Enhancing Elgin committee. SPECIAL PROGRAMS: 1. Legislative Support: EAC shall work with local, state and federal legislators on all signifi- cant economic and business issues including the use of city resources. 2. Secondary Business Financing: EAC will assist and educate Elgin businesses in applying for and obtaining funding through low-interest business financing, available revolving loan programs and assistance with DCEO programs. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY OF ELGIN: ELGIN AREA CHAMBER OF COMMERCE: By: ______________________________ By: ___________________________________ City Manager Board Chair Attest: __________________________________ City Clerk 15 AGENDA ITEM: C MEETING DATE: March 11, 2026 ITEM: Pingree Grove Roundabout at Reinking and Damisch Roads—Intergovernmental Agreement Be- tween the City of Elgin and the Village of Pingree Grove (No cost) OBJECTIVE: Promote collaboration between local governments by cooperating with the village of Pingree Grove on the reconstruction of the village’s roundabout at Reinking and Damisch Roads. RECOMMENDATION: Approve the intergovernmental agreement. The village of Pingree Grove is reconstructing its substandard roundabout at Reinking and Damisch Roads. Damisch Road northeast of the roundabout is under the jurisdiction of Elgin, re- quiring an intergovernmental agreement between the city and the village for reconstruction and related improvements that will be partially conducted in Elgin right-of-way. Elgin is scheduled start construction of the U.S. Route 20 roundabout this spring. That roundabout is about 1,000 feet southeast of the Reinking and Damisch roundabout. The U.S. Route 20 round- about should be largely completed when Pingree Grove starts their work in 2027. The Reinking and Damisch roundabout is estimated to cost approximately $3.8 million and will require about five months to complete. BACKGROUND The existing three-leg roundabout at Reinking Road and Damisch Road was completed in 2009 and is located about 300 feet northwest of the Canadian Pacific Kansas City railroad crossing. It is also about 1,000 feet northwest of the U.S. Route 20 and Reinking Road intersection where the city expects to start construction of a roundabout this spring. The village of Pingree Grove reports that the Reinking and Damisch roundabout is undersized and does not meet current design standards. They describe that combination vehicles cannot maneu- ver through the intersection without trailers leaving the pavement, and southbound traffic trav- eling toward U.S. Route 20 experiences minimal deflection, reducing the roundabout’s effective- ness in controlling speed. Although constructed as a mini-roundabout, it lacks a properly de- signed traversable central island and does not consistently achieve low approach speeds. Side- walk currently exists only on the northwest side of the intersection, and the roundabout has no designated pedestrian crossings. Pingree Grove Roundabout at Reinking and Damish Roads Elgin Roundabout at US Route 20 Location of the Pingree Grove roundabout at Reinking and Damisch Roads in relation to the Elgin roundabout at US Route 20. Shaded land is in the city of Elgin. Unshaded land is in the village of Pingree Grove. The village adopted a resolution in June 2016 supporting the city’s efforts to construct the U.S. Route 20 roundabout at the U.S. Route 20 and Reinking Road intersection. The city and village executed an intergovernmental agreement in November 2013, agreeing that Highland Avenue between Reinking Road and Damisch Road was under the jurisdiction of the city and that Reinking Road between Illinois Route 72 and Damisch Road was under the jurisdic- tion of the village, among other things. The developer of the Pingree Creek subdivision (Shodeen) has submitted plans to the city to rebuild Highland Avenue with a traditional suburban cross sec- tion. Shodeen is waiting for ComEd approval to bury the electric lines on the north side of the street. Pingree Grove requested and received permission from the city to regrade and pave that segment of Highland Avenue in June 2024. Pingree Grove provided a more simple, rural cross section for the benefit of their residents in the Cambridge Lakes subdivision on the north side of Highland until Shodeen could make its improvements. 2 The city and village committed to a second 20-year boundary agreement in December 2024. The first 20-year agreement was executed in April 2004. OPERATIONAL ANALYSIS Damisch Road to the northeast of the roundabout is under the jurisdiction of the city, requiring an intergovernmental agreement between the city and the village for reconstruction and related improvements that will be in city right-of-way. The proposed project will reconstruct the roundabout at Reinking and Damisch Roads to current standards and address the geometric deficiencies described above. Improvements will include full intersection reconstruction; a new pedestrian and bicycle railroad crossing with gates; partial bike path installation; sidewalk additions; marked pedestrian and bicycle crossings with ADA- compliant ramps; driveway replacements; a two-way left-turn lane on Damisch Road; elimination of the Store Street frontage road; and storm sewer, curb, and gutter improvements. The project is funded through the Federal Surface Transportation Block Grant (STBG) Program, which will cover up to 80 percent of eligible costs, not to exceed $2.5 million. Any remaining costs will be covered by Pingree Grove. The total estimated project cost is $3.8 million. Construction is currently anticipated for a July 2026 letting, with work expected to begin in Spring 2027 and con- tinue for approximately four to five months. Damisch Road northeast of the reconstructed roundabout is scheduled to be rebuilt as part of the Pingree Creek subdivision, but that work is not expected to start until well after the Reinking and Damisch Road roundabout is complete. Shodeen is focusing their current development ef- forts along Highland Avenue to the north. The Reinking and Damisch Road roundabout will not negatively affect Shodeen’s future plans to improve Damisch Road in Elgin. Given continued growth in Pingree Grove and Elgin, the Reinking and Damisch Road intersection will serve increasing traffic volumes and remains a critical connection between the two commu- nities. Modernization will improve safety, traffic operations, and long-term capacity. 3 The proposed Reinking and Damisch Road roundabout in Pingree Grove. Work on the Damisch Road leg (on the right side of this image) would extend into city right-of-way. INTERESTED PERSONS CONTACTED Staff has been working closely with staff of the village of Pingree Grove and Shodeen. FINANCIAL ANALYSIS The city is not a financial partner in this project. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE NA NA NA NA NA 4 LEGAL IMPACT None. ALTERNATIVES The city council may choose to not approve the intergovernmental agreement with the village of Pingree Grove, or it may choose to amend the agreement under different terms. NEXT STEPS Execute the intergovernmental agreement with the village of Pingree Grove. ______________________________________________________________________________ Originators: Marc Mylott, Community Development Director Mike Pubentz, Public Services Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Draft Intergovernmental Agreement 5  INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PINGREE GROVE AND THE CITY OF ELGIN REGARDING THE RECONFIGURATION OF A PORTION OF DAMISCH ROAD  INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PINGREE GROVE AND THE CITY OF ELGIN REGARDING THE RECONFIGURATION OF A PORTION OF DAMISCH ROAD THIS AGREEMENT is made and entered into this ____ day of _____________, 2026, by and between the VILLAGE OF PINGREE GROVE, an Illinois municipal corporation, Kane County, Illinois (hereinafter referred to as the “Village of Pingree Grove”), and the CITY OF ELGIN, an Illinois municipal corporation, Cook and Kane Counties, Illinois (hereinafter referred to as the “City of Elgin”). WHEREAS, the Village of Pingree Grove is an Illinois non-home rule municipality organized and operating under the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and WHEREAS, the City of Elgin is an Illinois home-rule municipality organized and operating pursuant to Article VII, Section 6 of the 1970 Constitution of the State of Illinois and the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and WHEREAS, Article VII, Section 10 of the 1970 Constitution of the State of Illinois authorizes units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., provides that any powers, privileges, or authority which may be exercised by a unit of local government individually may be exercised and enjoyed jointly with any other unit of local government, and that such units of local government may enter into contracts for the performance of government services, activities, and undertakings; and WHEREAS, in order to facilitate the reconstruction of a roundabout within the Village’s corporate boundaries, the Village of Pingree Grove wishes to reconfigure a portion of Damisch 2 Road for which the City of Elgin is the highway authority in accordance with the plans set forth in Exhibit A (the “Plans”) and the City of Elgin wishes to accommodate such request; and WHEREAS, the plans attached hereto as Exhibit A (the “Plans”) are preliminary and subject to review and approval by the Illinois Department of Transportation (“IDOT”), the Village shall furnish the City with copies of the final IDOT-approved Plans upon receipt of such approval. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The recitals set forth above are incorporated into and made a part of this Agreement as if fully recited hereby. 2. The City of Elgin hereby grants permission to the Village of Pingree Grove, at its cost, to reconfigure that portion of Damisch Road for which the City of Elgin is the highway authority, in substantial conformance with the Plans (the “Work”). 3. The parties agree that the Village of Pingree Grove shall use a good faith effort to complete the Work by December 31st, 2027. 4. The Village of Pingree Grove agrees to provide to the City, in advance of the proposed bidding, documents soliciting bids for the Work for the City’s review, feedback and approval. The parties agree that the contractor selected by the Village of Pingree Grove to undertake and complete such Work shall enter into a contract with the following insurance coverage provision: The Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries, persons, or damage to property which may arise from or in conjunction with the performance of work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The Village of Pingree Grove and the City of Elgin are to be listed as an additional insureds on all policies of the Contractor. Each insurance policy required shall have the Village of Pingree Grove and the City of Elgin expressly endorsed onto the policy as Cancellation Notice Recipients. Should any of the policies be cancelled 3 before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Insurance is to be placed with insurers with a Best’s rating of no less than A-, VII and licensed to do business in the State of Illinois. The Village of Pingree Grove and the City of Elgin, their officials, employees and agents, are to be covered as additional insureds as respects: liability arising out of the Contractor’s work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Village of Pingree Grove and the City of Elgin, their officials, employees and agents. The Contractor’s insurance coverage shall be primary as respects the Village of Pingree Grove and the City of Elgin, their officials, agents and employees. Any insurance or self- insurance maintained by the Village of Pingree Grove and the City of Elgin, their officials, agents and employees shall be excess of Contractor’s insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village of Pingree Grove and the City of Elgin, their officials, agents, employees and volunteers. The Contractor’s insurance shall contain a Severability of Interests/ Cross Liability clause or language stating that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not “follow form,” then the Contractor shall be required to name the Village of Pingree Grove and the City of Elgin, their officials, employees and agents as additional insureds. All general liability coverages shall be provided on an occurrence policy form. Claims-made general liability policies will not be accepted. The Contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village of Pingree Grove and/or the City of Elgin. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers’ Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding. The Contractor shall maintain limits no less than: 1. Commercial General Liability with coverage written on an “occurrence” basis and with limits no less than: a) General Aggregate: $2,000,000 b) Bodily Injury & Property Damage: $1,000,000 per occurrence combined single limit c) Other coverages: $2,000,000 or as otherwise approved or required by owner coverages shall include: 4  - Premises Operations - Products/Completed Operations (to be maintained for five years following Final Payment) - Independent Contractors - Personal Injury (with Employment Exclusion deleted) - Broad Form Property Damage Endorsement - Blanket Contractual Liability - Bodily injury and property damage - “X”, “C”, and “U” exclusions shall be deleted. - ISO Additional Insured Endorsement CG2010 shall be provided. 2. Workers’ Compensation and Employer’s Liability The insurer shall agree to waive all rights of subrogation against the Villag and the City, the officials, agents and employees for losses arising from work performed by Contractor. a) Workers’ Compensation: Statutory limits; b) Employer’s Liability with limits not less than: $1,000,000 per occurrence $1,000,000 each accident – policy limit $1,000,000 each disease – policy limit $1,000,000 disease – each employee Such insurance shall evidence that coverage applies to the State of Illinois and contain an “all States” endorsement. 3. Business Auto Liability with a combined single limit of liability for bodily injury and property damage of not less than $1,000,000 for vehicles owned, non-owned, or rented. All employees must be included as insureds. ISO Business Auto Liability coverage form CA0001, Symbol 01 “Any Auto” shall be provided. Verification of Coverage: The Contractor shall furnish to the Village of Pingree Grove and the City of Elgin certificates of insurance naming the Village of Pingree Grove and the City of Elgin, their officials, agents and employees as additional insureds, and with original endorsements affecting coverage required by this clause. Certificates and endorsements for each insurance policy shall be signed by a person authorized by that insured to buying coverage on its behalf. The additional insured endorsements will be on Insurance Service Office (ISO) forms: CG 2010 or CG 2026. The Village of Pingree Grove and the City of Elgin reserve the right to request fully certified copies of insurance policies and endorsements and shall be provided same by the Contractor. Subcontractors. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Assumption of Liability: The Contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any sub-contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. 5. In addition, any contract awarded to undertake such Work shall have the following 5 indemnification provision: To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the Village of Pingree Grove and the City of Elgin, their officials, agents and employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments (including deficiencies and interest), costs and expenses which may in any way accrue against the Village of Pingree Grove and the City of Elgin, their officials, agents and employees arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees or subcontractors, or which may in any way result therefore, except that arising out of the sole legal cause of the Village of Pingree Grove and the City of Elgin, their officials, agents or employees, and pay for all charges of attorneys and all costs and other expenses arising therefore or incurred in connection therewith, and, if any judgment, including any deficiency and interest, shall be rendered against the Village of Pingree Grove and/or the City of Elgin, their officials, agents or employees, as a result of any such action, the Contractor shall, at its own expense, satisfy and discharge same. This indemnity and hold harmless provision shall be applicable to any action or claim under this paragraph, and it shall also include any action of law or equity brought by any party against the Village of Pingree Grove and/or the City of Elgin under federal or state law. The Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the Village and/or the City, its officials, agents, and employees as herein provided. 6. Such contractor shall also be required to obtain a performance and payment and material bond to insure the completion of the Work. 7. If any section, paragraph, subdivision, clause, sentence or provision of this Agreement shall be adjudged by any court of competent jurisdiction to be void or invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue to be in full force and effect. 8. The Village of Pingree Grove and the City of Elgin each shall adopt an ordinance approving the terms and provisions of this Agreement and authorizing the Village President and Village Clerk and the Mayor and City Clerk to execute and deliver this Agreement. Upon execution, the clerk of each municipality shall forward to the clerk of the other municipality a certified copy of the ordinance so enacted, together with the Agreement, signed in duplicate original, so that each municipality shall have one fully executed document on file. 6  IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above in Kane County, Illinois. VILLAGE OF PINGREE GROVE CITY OF ELGIN By: By: Its: Its: Attest: Attest: Village Clerk City Clerk Z:\P\PingreeGrove\Boundary Agreement Elgin\IGA ReconfigurationDamisch090925.docx 7 AGENDA ITEM: D MEETING DATE: March 11, 2026 ITEM: Official Zoning Map for 2026—Adoption (No cost) OBJECTIVE: Comply with state statute requiring the annual adoption and publication of an official zoning map. RECOMMENDATION: Approve and adopt the official zoning map for 2026. Illinois law requires municipalities to publish a zoning map each year not later than March 31. City zoning maps are maintained and produced by the community development department and are routinely updated following each approved zoning change. Formally adopting the 2026 zoning map maintains the city’s technical compliance with the state’s statutory requirements. BACKGROUND Illinois law requires municipalities to “. . . cause to be published no later than March 31 of each year a map clearly showing the existing zoning uses, divisions, restrictions, regulations and clas- sifications of such municipality for the preceding calendar year” (65 ILCS 5/11-13-19). If there are no changes in the zoning uses, subdivisions, restrictions, regulations and classifications within the municipality during any calendar year after the first map is published, no additional map needs to be published for that calendar year. The map published by the corporate authority is determined to be the official zoning map. The city may establish a fee to be charged to any person desiring a copy of the map. The fee is re- quired to be paid to the city’s zoning officer and will be applied to defray the cost of publication of the official map. City zoning maps are maintained and produced by the community develop- ment department. OPERATIONAL ANALYSIS This provision of state statute dates to the 1960s when it was not economically feasible to pro- vide up-to-date zoning maps upon request. However, with geographic information system (GIS), the community development department updates the zoning map after every city council meet- ing where an ordinance annexing or rezoning property is approved. As such, when a person re- quests a zoning map, staff will produce a map that reflects the most recent actions taken by city council even after the adoption of the official zoning map. That map will include a table describing all changes by ordinance number and date that were made after the adoption by city council of the official zoning map. In this manner, staff provides customers with the most up-to-date infor- mation available. Maps are produced in five versions: a citywide map; a northeast quadrant map; a southeast quad- rant map; a northwest quadrant map; and a southwest quadrant map. These maps are available on the city’s website at elginil.gov under the “City Services" tab. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Large-size, citywide maps are available for purchase for $55, or a person can request one of four, more-detailed quadrant maps for $25. All revenue received from the sale of maps is deposited into the General Fund. In 2020, 2021 and 2022, staff produced zero zoning maps for the public. While staff does have the numbers from years prior to 2020, anecdotally the number of zoning maps produced for the public has gone down significantly since they are available on the city website at no charge. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT The adoption and publication of the official zoning map ensures that the city remains compliant with state law. ALTERNATIVES None. State law requires the adoption of the official zoning map. 2 NEXT STEPS 1. Upload an electronic version (PDF) of the official zoning map to the City’s website. 2. Update the official zoning map as it is amended by city council actions. 3. Produce a paper copy of the zoning map immediately upon request. Originators: Amanda Wolfe, GIS Planner Marc Mylott, Community Development Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. City of Elgin Official 2026 Zoning Map 3 AGENDA ITEM: E MEETING DATE: March 11, 2026 ITEM: Cultural Arts Commission 2026 Grant Award Recommendations ($62,088) OBJECTIVE: Distribute grant funds to local organizations to support arts programming in the community. RECOMMENDATION: Approve the funding of the grant awards to support arts programming, in the community, in the amount of $62,088. Each year the Elgin Cultural Arts Commission awards organizational grants to local arts organi- zations based on innovation, impact, opportunity and feasibility. This year the recommended awards total $62,088 and will be distributed among ten area not-for-profit organizations for pro- jects such as visual art, live entertainment shows and children’s theater performances. BACKGROUND The Elgin Cultural Arts Commission’s mission includes distributing public funds in the form of grants to local not-for-profit arts groups. The organizational grant program is available to local arts-based organizations once a year providing up to 50 percent of the project for a maximum of $10,000. The application is made available each fall for organizations to submit applications. Af- ter the city council approves the next year’s budget, the applications are reviewed and rated by the commission. The application was posted on the city’s website and sent to the local organiza- tions with an October 2, 2025, deadline. In addition to the organizational grant program, the cultural arts commission provides an individ- ual artist grant program that is available throughout the year to artists with small projects and programs. Organizational grant awards are based on the following criteria: • Innovation • Impact • Feasibility • Opportunity 1 Each applicant must: • Be an Illinois registered not-for-profit organization • Produce their funded program within the city of Elgin OPERATIONAL ANALYSIS Fourteen applicants submitted requests for funding assistance in 2026. The applicants reflect a broad variety of art forms. Ten of the applications have been approved for funding by the com- mission. Grant awards include adult and children’s theater, visual art, music and kids’ program- ming and classical music. Applications with a cumulative score of 18 and above are awarded at the adjusted grant amount, the applications with a cumulative score of 14-17.9 were awarded at 85 percent. Applications with a cumulative score of less than 13.9 were not awarded. After the distributed funds have been spent, the cultural arts commission requires all grant re- cipients to complete a final report; the final report requires items such as an accounting of the spent funding, attendance, marketing materials, and overall success of the event. Grant recipi- ents then attend a cultural arts commission to present their final report and answer any ques- tions regarding their funded project. The cultural arts commission also assigns a commissioner to attend the funded event and be a resource to the organization throughout the year. The cultural arts commission is recommending funding to the following eleven applicants: Organization Event Amount Chamber Music on the Fox Masterclass series $3,240 Children’s Theatre of Elgin Production of “Newsies” $5,311 Elgin Master Chorale Educational Connections Concert $4,877 Elgin Symphony Orchestra Associ- “Celebrating Elgin’s Cultural Heritage” and Adopt- $9,750 ation A-School program Elgin Youth Symphony Orchestras 50th Season Final Concert “Infinite Possibilities” $5,901 Hamilton Wings SCORE!: Students Creating Opera to Reinforce Ed- $9,571 ucation The Janus Theatre Greed is Good: A Season of Corruption $6,711 Oddball Art Labs “8 Bit Life” visual art show $4,049 Schaumburg on Stage New original works $3,095 Side Street Studio Arts NFP Free Arts Education for Young People $9,583 TOTAL $62,088 INTERESTED PERSONS CONTACTED None. 2 FINANCIAL ANALYSIS Grant funding is provided through the cultural arts commission’s annual allocation within the General Fund, which comprises the vast majority of funds utilized by the cultural arts commis- sion. The remaining funds in the General Fund are utilized for other commission events such as Elgin Short Film Festival, Individual Artist Grants and Elgin Fringe Festival, among others. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General Fund 010-0902-709.80-10 N/A $162,000 $149,500 LEGAL IMPACT Grant agreements are drafted and will be signed by each recipient prior to final consideration by the city council on March 25, 2026. ALTERNATIVES The city council may choose to not approve the cultural arts commission grant awards. NEXT STEPS 1. Process grant agreements. 2. Distribute grant award checks. Originators: Amanda Harris, Director, Cultural Arts & Special Events Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Grant Scoring Sheet B. Cultural Arts Commission meeting November 2025 Minutes C. Cultural Arts Commission meeting December 2025 Minutes 3  TOTAL ADJUSTED GRANT TOTAL AVERAGE ORGANIZATION INDIVIDUAL SCORES NO. OF GRANT 90% 85% 80% REQUEST SCORE SCORE SCORES AMOUNT AACKC $10,000 14 14 9 20 9 15 A A A E 6 81 13.5 $6,750.00 $6,075 $5,468 $5,400 CMOTF $5,000 13 17 17 17 19 13 A A A E 6 96 16.0 $4,000.00 $3,600 $3,240 $3,200 CTE $8,500 17 13 16 16 13 16 17 A A E 7 108 15.4 $6,557.14 $5,901 $5,311 $5,246 EMC $8,500 19 18 12 9 13 14 A A A E 6 85 14.2 $6,020.83 $5,419 $4,877 $4,817 ESO $10,000 19 20 20 19 19 20 A A A E 6 117 19.5 $9,750.00 $8,775 $7,898 $7,800 ETC $1,800 16 6 11 8 12 0 12 A A E 7 65 9.3 $835.71 $752 $677 $669 EYSO $10,000 15 19 11 11 13 13 20 A A E 7 102 14.6 $7,285.71 $6,557 $5,901 $5,829 HW $10,000 18 20 20 18 20 19 19 A A E 7 134 19.1 $9,571.43 $8,614 $7,753 $7,657 ITE $6,337 15 15 12 10 12 15 17 A A E 7 96 13.7 $4,345.65 $3,911 $3,520 $3,477 JTC $10,000 15 18 14 20 16 17 16 A A E 7 116 16.6 $8,285.71 $7,457 $6,711 $6,629 OAL $4,300 20 17 17 19 20 20 A A A E 6 113 18.8 $4,049.17 $3,644 $3,280 $3,239 SOS $5,000 17 11 15 14 19 18 13 A A E 7 107 15.3 $3,821.43 $3,439 $3,095 $3,057 SSSA $10,000 20 19 19 20 17 20 A A A E 6 115 19.2 $9,583.33 $8,625 $7,763 $7,667 TT $10,000 0 2 8 9 8 0 12 A A E 7 39 5.6 $2,785.71 $2,507 $2,229 Total Requests $109,437 Total Requests @ 20-18 $83,641.84 $75,277.65 $66,913.47 Total Requests @ 17.9- $80,020.41 $72,018.37 $64,016.33 14 $32,953.93 $29,658.54 $29,136.38  Meeting Minutes Monday, November 10, 2025 6:00pm City Hall, South Wing, Second Floor Conference Room A. Call to Order: 6:01pm B. Roll Call: a. Commissioners Syrris, Thayer, Mongold, Lane, Novelli, and Rende present. Chairman Kearney present. Staff Harris present. C. Citizen’s Forum: a. Andrew Moore, Individual Artist Grant Application i. Presenting a project titled “Use This To Heal.” “Use This To Heal” is a free event combining health and wellness practices with music and visual art. The music and visual art will be released digitally on all major platforms. The Yoga Center located in downtown Elgin will be a partner for the live event which will showcase the music compilation as well as projections of the visual art on the walls. Tickets would be tiered in order to draw the widest audience to the artistic wellness event. The event will take place in January 2026. The proposed budget provides for hosting this event twice, based on event attendance. The event is focused on neurophysiological. ii. Commissioners asked if the artwork would be available to those not able or willing to do the yoga part of the event. Andrew noted that while the attendees would be encouraged to participate in all aspects, any participation is welcome. Commissioners asked about the breakdown of the artistic and administrative lines in the grant proposal which largely cover Andrew’s time and effort expended in creating the music and visual art. The outside professional services would cover the yoga instructor, massage therapist and musicians. Commissioners asked about what organizations he would be working with after the event. These include Warp Corps with the potential to include more. D. Staff Report: a. Financial Report: i. b. Hemmens: i. Roof replacement is ongoing. c. Elgin Art Showcase:  i. Proposal to relocate the Elgin Art Showcase to 220 DuPage Street will d. Approval of October 2025 Minutes: i. Motion to approve the October Minutes by Commissioner Mongold. Seconded by Commissioner Rende. Approved by a 5-0-2 with Commissioner Novelli and Chairman Kearney abstaining. E. Old Business a. 2025 ECAC Projects: i. Elgin Fringe Festival: no update b. Organizational Grant Applications- 2026: i. Those Commissioners that are involved in any of the organizations or projects, they must abstain from all conversation and voting related to that application. c. African American Coalition of Kane County: i. Commissioners noted that they like that it is free and arts heavy. Commissioners noted that they have a large surplus of funding. Commissioners noted that the grant request is inconsistent in the proposal. Commissioners noted they like the collaborators confirmed for the project. Commissioners noted that they appreciate the intention of the project, but voice concern about the feasibility. Commissioners noted the proposal lacked specificity. d. Chamber Music on the Fox: i. Commissioners noted that the premise was really exciting: using art as a lens for social change. They noted they like the admission fees as well as the collaborations for the project. Commissioners are hopeful that should this application is successful that they would apply for funding elsewhere. e. Children’s Theatre of Elgin: i. Commissioners noted that their tuition rates are very reasonable in comparison to other comparable organizations in the area. Commissioners noted that they like the accessible shows being added. Commissioners noted that the budget was unclear in terms of what they are requesting, and the income was not in line with the expenses with no explanation. Commissioners also noted that the organization budget that was submitted shows that it was proposed rather than adopted. f. Elgin Master Chorale: i. Commissioners noted that the printing cost seemed high for a project that was focused on climate change. Commissioners noted that they like the U-46 partnership. Commissioner Thayer abstained. g. Elgin Symphony Orchestra: i. Commissioners noted that they appreciate the images. Commissioners noted that the program sounds impactful to many parts of the community and demonstrates the efforts of the organization to shift in priorities, which they appreciate. Commissioners also noted that they appreciate the data included in the proposal. Commissioners noted that they appreciate the clear investment in the community as well as the collaboration and partnerships of the organizations. Commissioner Thayer abstained. h. Elgin Theatre Company:  i. Commissioners noted that the request is quite low. Commissioners noted that they appreciate the goal of the project but question the feasibility of project. They also noted that there is no information about attracting Latino actors or production staff- including a director. Commissioners noted that they were disappointed to see that performers were not being paid. Commissioners noted that they were disappointed to see no collaboration with any organizations to assist with the feasibility and authentic responsibility. i. Elgin Youth Symphony Orchestra: i. Commissioners noted that they appreciated that the scholarship recipients were also receiving free tickets. Commissioners noted that the grant request was listed at two different numbers in the proposal. Commissioners noted that while the organization is great and does great work, the audience is not necessarily diverse as it is mostly comprised of families and friends. Commissioners noted that the tuition was quite high but was for a full season and includes many performances; the tuition rate is also less than half that of comparable organizations for similar programming. Commissioners also noted that they appreciated the amount of scholarship funding that was provided for those that couldn’t afford the program. j. Hamilton Wings i. Commissioners noted that they appreciate the programs that Hamilton Wings produces as it is always high quality and puts the participants first. Commissioners noted they appreciate the collaborations designed to reach their target audiences. k. Iambe Theatre Ensemble: i. Commissioners noted that they appreciate the actor stipends. Commissioners noted they would have liked to see a firm commitment to hiring an ASL interpreter. Commissioners questioned the notes in the proposal related to diversity in the productions but appreciate the mission of the organization. Commissioners noted disappointment for the low marketing considering a goal of growing audiences. l. Janus Theatre Company: i. Commissioners noted that the work of the organization is always a high quality. Commissioners noted that they appreciate that actors are being paid but hope to see more detail. Commissioners noted that they were hoped to see more detail and data about the claims and definitions of diversity in the proposal. Commissioners noted they hoped to see more information on how the organization is drawing their audiences. m. Oddball Art Labs i. Commissioners noted that their proof of concept is so well done. Commissioners noted that they were happy to see the grant request higher to better fund the programming. Commissioners noted that they appreciate that the events are free and they are well attended by an engaged audience. Commissioners noted an appreciation for including photos in the proposal. Commissioner Rende abstained.  n. Schaumburg on Stage: i. Commissioners noted that the application was not entirely clear in the proposal. Commissioners questioned the theme, attracting unknown voices and methods to attract audiences to unknown works. Commissioners hoped for data to support the claims related to diversity and accessibility. Commissioners question how the proposal lines up with the organization’s mission. Commissioners noted that the organization is well known and produces very high quality work. Commissioners noted that they continue to bring a large audience that continues to have a good experience and return. o. Side Street Studio Arts: i. Commissioners noted that the organization always provides very high quality programming. Commissioners noted that they appreciate the inclusion of clear data. Commissioners noted that they appreciate the project. Commissioner Novelli abstained. p. Teaching Therapy: i. Commissioners noted that they were left with questions about how all of the pieces of the project fit together. Commissioners noted that while data was provided, it was not referenced. Commissioners noted that while the project does include art, it is not art-forward or focused but rather focused on mental health. Commissioners noted that there may be a barrier by having the artwork on display. Commissioners noted that while it may not be a great fit for this grant program, it seems like a solid and worthwhile project. F. New Business: a. Commissioners noted that they like how Andrew is approaching the project. Commissioners noted they like the support of the collaborative partners. Commissioners noted that they wish he had proposed a budget for one event and then hosted another event if warranted. Commissioners noted that the attendees would max at 120 if all tickets were sold. Commissioners voiced concerns about the art not being the focus of the event. Motion to deny Andrew Moore’s Individual Artist Grant in the amount of $2,500 by Councilman Kearney. Seconded by Rende. Approved by a vote of 5-2. b. Budget proposals 2026 c. Elgin Area Art Guild, NFP G. Adjournment: 8:58pm a. Motion to adjourn by Commissioner Mongold. Seconded by Commissioner Syrris. Approved by a vote of 7-0.  Meeting Minutes Monday, December 8, 2025 6:00pm City Hall, South Wing, Second Floor Conference Room A. Call to Order: 6:00pm B. Roll Call: a. Commissioners Thayer, Rende, Smith, Mongold, Novelli, Lane present. Chairman Kearney present. Staff Wilhelmi. C. Citizen’s Forum: a. Parker Olson, Individual Artist Grant Application: i. Presenting on “Umbrella Amaryllis,” a short film. A short film about a woman who is going through a process to be turned into an inanimate object and ultimately finds a human connection within herself. This re-submission includes a balanced budget with more detail. A mental health consultant will be on set and at the exhibition with the goal of creating a safe and uplifting space. Visual artists will display and sell their work; the exhibition is themed around art and human resistance. A question and answer session will be held after the film which will focus on the filmmaking and the film. This project will pull heavily from local talent. ii. Commissioner Mongold noted that the presentation of the project was well done. Commissioner Novelli ask about future distribution, to which Parker responded the film will be submitted to a variety of festivals, both local and national. Commissioner Novelli asked about marketing; Parker responded that he will be partnering with local arts organizations, putting up posters, cold calls, etc. b. Hans Klimmer, Individual Artist Grant Application: i. Presenting on a visual artist exhibition in response to the current state of the national immigration movement. As a glass artist, the exhibition will be through the lens of fragility and immigrant ties. Casts of zip tied hands of endangered people in Elgin will be made; this is done via silicone first and then in glass. The exhibit will show manikin faces rather than specific images of the individuals. Beneath the hands will be artifacts of the individuals that represent them or have been left behind. The grant funds would largely cover the cost of 12 sets of  hands. The exhibit would be a traveling exhibit in the surrounding area. Possible exhibit locations would include local churches, museums, etc. ii. Commissioners asked about show dates. Hans responded that the shows dates have not been set as the project is in the early stages. The goal is to have the pieces on display as consistently as possible. Commissioner Smith asked about the subjects would be selected. Hans responded that he would initially be focusing on those within his realm as that trust has already been established. He noted that he was open to any suggestions for organizations to connect with. D. Staff Report: a. Financial Report: i. No update. b. Hemmens: i. The end of the year shows are taking place. c. Elgin Art Showcase: i. The lease for 220 DuPage was approved by city council. ii. The move will begin soon with the lease at 164 Division ending on 12-31-2025. d. Approval of November 2025 Minutes: i. Motion to approve the November Minutes by Commissioner Rende. Seconded by Commissioner Thayer. Approved by a vote of 6-0-1 with Commissioner Smith abstaining. E. Old Business a. 2025 ECAC Projects: i. Elgin Fringe Festival: 1. EFF hosted USAFF this year in October. 2. The festival more than doubled attendance at 1,325. Ticket buyers came from largely from the Chicagoland region with the most outside of Elgin being Chicago. Out of state visitors from Pennsylvania, Michigan, Wisconsin, Minnesota, and Nevada also attended. 3. 134 performing artist applications were received while 41 visual artist applications were received. A total of 33 performing artists/groups and 20 visual artists were accepted into the festival. Artists traveled from Wisconsin, Idaho, California, Georgia, and more. ii. Going Dutch: 1. The Going Dutch programming for 2025 included residencies, performances, and artist development series. In total, the program engaged 85 artists and reached nearly 300 audience members. b. Organizational Grant Applications- 2026: i. Motion to approve the 2026 Organizational Grants as follows: those with an average score of 18 and above at the adjusted grant amount, those with an average score of 14 and above at 85% by Commissioner Novelli, seconded by Commissioner Mongold. Approved by a vote of 4-0-3 with Commissioners Thayer, Lane, and Rende abstaining. F. New Business: a. Parker Olson Individual Artist Grant  i. Commissioners noted that the resubmission addressed the hesitations previously presented. ii. Motion to approve the Individual Grant in the amount of $1,000 by Commissioner Thayer. Seconded by Commissioner Rende. Approved by a vote of 7-0. b. Hans Klimmer Individual Artist Grant i. Commissioners noted that he is clearly passionate about the project. They also noted that while the project as a whole may be viewed as political, the artwork and artistic vision itself is of the highest caliber. They also noted that this project is responsive to this moment in time and has created a place for conversation. ii. Motion to approve the Individual Grant in the amount of $1,000 by Commissioner Mongold. Seconded by Commissioner Rende. Approved by a vote of 7-0. c. Proposed Budget 2026: moved to January 2026. G. Adjournment: 8:15pm a. Motion to adjourn the by Commissioner Mongold. Seconded by Commissioner Rende. Approved by a vote of 7-0. AGENDA ITEM: F MEETING DATE: March 11, 2026 ITEM: Cultural Arts and Special Events Department Outdoor Event Incentive Program—“Encore” Awards for 2026 ($84,144) OBJECTIVE: Distribute grant funds to “Encore” event program applicants exceeding $25,000 to support out- door event programming within the community. RECOMMENDATION: Approve funding for the three “Encore” event awards in the combined amount of $84,144. The city’s department of cultural arts and special events annually awards both financial and in- kind support to organizations and individuals hosting outdoor public events that promote com- munity engagement, tourism and cultural vitality. The department’s “Outdoor Event Incentive Program” provides event planning assistance from city staff, city labor during, before and after an event along with specialized audio and video equipment. The program is comprised of four components, each with varied funding levels and in-kind support for applicants to select from based on the particular event’s needs. Fifteen applications were received for 2026 supporting a variety of events including concerts, fes- tivals, cultural celebrations, markets, parades and athletic events. Thirteen applicants are receiv- ing awards for 2026 totaling $211,112. The “Encore” event component of the program supports large events such as festivals that have taken place in Elgin within the last two years and have at least 5,000 attendees. Funding of up to $40,000 is available, with two-thirds of the award being in-kind services and one-third in financial assistance. Applicants can apply for this program for up to three consecutive years. This initiative is seeking city council approval for three Encore event awards that exceed the city’s procurement threshold. One is in the amount of $25,632 for the “Love on the Lawn Music Festi- val;” the second in the amount of $28,512 for the “Elgin Micheleros Festival;” and the final award for the “Elgin Pride Parade and Festival” in the amount of $30,000, the three Encore Event awards having a combined total of $84,144. 1 BACKGROUND The Outdoor Event Incentive Program (OEIP) was created to encourage high-quality outdoor events that align with the city’s goals for community enrichment and economic development and is administered by the department of cultural arts and special events (DCASE). Applications are made available annually on the city’s website and provided to all previous applicants. Submitted applications are evaluated and scored by the outdoor event incentive program committee using a standardized scoring rubric. The OEIP committee is comprised of staff from the police, fire, public works and land management departments along with DCASE staff, each bringing their ex- pertise in their respective fields during the review process. Funding is provided in the form of financial assistance and in-kind city services. Events may qualify under one of four program categories: “Encore,” “Market Makers,” “Active Elgin” or “Launch,” based on event type, size, history and scope. Each of the categories is designed to meet a specific need and includes a breakdown of funding appropriate to the event type. A description of each category is below: • Active Elgin Program: This program supports walks, runs, bike races etc. that take place in within Elgin with at least 1,000 people in attendance. Funding up to $20,000 is availa- ble, all of which is in-kind. • Market Makers Program: This program supports markets, market series, parades, fairs etc., taking place in Elgin with at least 1,000 people in attendance. Funding up to $15,000 is available, broken down as 2/3 in-kind and 1/3 financial assistance. • Launch Program: This program is for new applicants hosting an outdoor event in Elgin or a new event taking place within Elgin with at least 1,000 people in attendance. Funding up to $15,000 is available, broken down as 2/3 in-kind and 1/3 in financial assistance. • Encore Program: This program supports large events such as festivals that have taken place in Elgin within the last two years and have at least 5,000 people in attendance. Funding up to $40,000 is available, broken down as 2/3 in-kind and 1/3 in financial assis- tance. Applicants are only able to apply for this program for up to three consecutive years. Outdoor Event Incentive Program awards are evaluated based on the following criteria: • Accessibility • Feasibility • Community Impact • Safety • Event Autonomy Each applicant must: • Submit a completed application with all required supporting documentation • Host the funded event within the City of Elgin 2  • Comply with all city permitting, insurance, and safety requirements • Submit a final report within 60 days following completion of the event • Be an Illinois-registered not-for-profit organization OPERATIONAL ANALYSIS Fifteen applicants submitted requests for funding assistance through the OEIP for the 2026 event season, totaling $315,856 in requested funding. These applicants represent a diverse range of outdoor community events, including festivals, cultural celebrations, markets, parades, and ath- letic events. Following committee review, thirteen applications were approved for funding by the OEIP committee for a total of $211,112. One application was deemed incomplete application and therefore not eligible for consideration, and one applicant withdrew their request for funding. This initiative is seeking city council approval for three Encore Event awards that exceed the city’s procurement threshold. One is in the amount of $25,632 for the “Love on the Lawn Music Festi- val;” the second in the amount of $28,512 for the “Elgin Micheleros Festival;” and the final award for the “Elgin Pride Parade and Festival in the amount of $30,000, the three Encore Event awards having a combined total of $84,144. Applications with a cumulative score of 23 and above were awarded at the requested grant amount. Applications with cumulative scores between 20.0 and 22.9 were awarded at the ad- justed grant amount. Applications with cumulative scores between 15.0 and 19.9 were awarded at 90 percent of the adjusted grant amount. Applications with cumulative scores between 10.0 and 14.9 were awarded at 80 percent of the adjusted grant amount. One organization elected to withdraw its application from consideration. After distributed funds and in-kind services have been utilized, all grant recipients are required to submit a final report within 60 days following completion of their event. The final report in- cludes documentation of expenditures, attendance figures, marketing materials, and an overall evaluation of the event’s success. City staff serve as a resource to supported organizations throughout the planning and implemen- tation of their events to ensure compliance with program requirements and successful execution. The OEIP committee is recommending awards for the following thirteen applicants: Organization Event Program Amount Stateline Entertainment Elgin Micheleros Festival Encore $28,512 Elgin Pride Elgin Pride Parade & Festival Encore $30,000 Mike Page Foundation Love on the Lawn Music Festival Encore $25,632 African American Coalition of Juneteenth Rhythm & Blues Cultural Festi- Encore $12,032 Kane County val Side Street Studio Arts Area 22 Market $15,000 Makers Boricuas Unidos Boricua Fest Launch $12,960 3  Northeast Neighborhood As- Elgin Classic Bike Race Active $5,628 sociation of Elgin Elgin Elgin Fox Trot Foundation Elgin Valley Fox Trot Active $20,000 Elgin Gail Borden Public Library & El Trote de las Calacas Active $20,000 U-46 Foundation Elgin Marklund Children’s Home Run, Walk & Roll Active $4,080 Elgin Iglesia Puerta de Sion Still Standing/Sigo en Pie 5K Active $16,160 Elgin The Makers Markets IL The Makers Market Market $8,748 Makers Vivala Entertainment iVivala! Launch $12,360 All Applicant Total $211,112 Encore Over 25k Total $84,144 INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Grant funding for the Outdoor Event Incentive Program was included in the 2026 budget ap- proved by city council and is provided through the program’s annual allocation within the General Fund budget in the amount of $332,500. The total expenditure of OEIP funds to applicants for 2026 is $211,112 distributed to thirteen organizations. The remaining balance of the General Fund allocation supports equipment replacement, emer- gency event operations, potential cost overruns, and additional on-site assistance required due to unforeseen circumstances such as weather conditions, public safety concerns, or other oper- ational impacts. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General 010-5404-769.47-00 N/A $332,500 $325,870 LEGAL IMPACT Grant agreements will be prepared and executed with each recipient approved for funding in excess of $25,000 prior to final consideration by the city council on March 25, 2026. 4 ALTERNATIVES The city council may choose not to approve the Outdoor Event Incentive Program awards ex- ceeding $25,000, denying the organization’s funding and thereby canceling the events. NEXT STEPS Process the grant agreements. Originators: Amanda Harris, Director, Cultural Arts & Special Events Selena Tapia, Special Events Manager, Cultural Arts & Special Events Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Grant Scoring Sheet B. Draft Outdoor Event Incentive Program Agreements for Encore applicants exceeding $25,000 5  TOTAL # ADJUSTED GRANT TOTAL AVERAGE ORGANIZATION INDIVIDUAL SCORES OF GRANT 90% 80% 70% REQUEST SCORE SCORE SCORES AMOUNT Elgin Pride Parade & Festival $30,000.00 23 23 24 23 24 5 117 23.4 $28,080 $25,272 $22,464 $20,218 Love on the Lawn Music Festival $40,000.00 14 21 21 15 18 5 89 17.8 $28,480 $25,632 $22,784 $20,506 Elgin Micheleros Fest $40,000.00 18 24 23 15 19 5 99 19.8 $31,680 $28,512 $25,344 $22,810 Juneteenth Rhythm & Blues $40,000.00 6 13 11 10 7 5 47 9.4 $15,040 $13,536 $12,032 $10,829 Cultural Fest GBPL & U-46 Foundation El $20,000.00 24 25 24 25 23 5 121 24.2 $19,360 $17,424 $15,488 $13,939 Trote de las Calacas NENA Elgin Classic $10,856.00 19 12 16 7 18 5 72 14.4 $6,253 $5,628 $5,002 $4,502 Elgin Valley Fox Trot $20,000.00 25 25 24 25 23 5 122 24.4 $19,520 $17,568 $15,616 $14,054 Marklund: Run, Walk & Roll $5,000.00 22 22 17 19 22 5 102 20.4 $4,080 $3,672 $3,264 $2,938 Still Standing/Sigo en Pie 5k $20,000.00 24 17 19 22 19 5 101 20.2 $16,160 $14,544 $12,928 $11,635 Area 22 $15,000.00 25 24 21 24 25 5 119 23.8 $14,280 $12,852 $11,424 $10,282 The Makers Markets $15,000.00 17 15 16 13 20 5 81 16.2 $9,720 $8,748 $7,776 $6,998 Fiestas Patrias $15,000.00 17 22 21 17 21 5 98 19.6 $11,760 $0 $9,408 $0 Boricua Festival $15,000.00 24 24 21 21 18 5 108 21.6 $12,960 $11,664 $10,368 $9,331 Vivala $15,000.00 25 22 19 19 18 5 103 20.6 $12,360 $11,124 $9,888 $8,899 TOTAL: $300,856 $229,733 $196,176 $183,786 $156,941 Award at requested amount Award at 23+ $85,000.00 $81,240 $73,116 $64,992 $58,493 Award at 20-22.0 $45,560 $41,004 $36,448 $32,803 Award at 15-19.9 $87,893 $68,520 $70,314 $54,816 Award 10-14.9 $15,040 $13,536 $12,032 $10,829 Total Awards $211,112 AGENDA ITEM: G MEETING DATE: March 11, 2026 ITEM: Urban SDK Traffic Monitoring Software—Purchase from Urban SDK Holdings, Inc. ($32,950) OBJECTIVE: Utilize traffic analytical software to enhance traffic safety, strategic traffic enforcement and road- way management. RECOMMENDATION: Authorize the purchase of Urban SDK Traffic Monitoring Software from Urban SDK Holdings, Inc. The Urban SDK Traffic Monitoring Software (Urban SDK) is a geospatial analytics platform that provides traffic speed, volume, congestion and safety risk data across the city’s roadway network without the need for physical sensors. The city is seeking to purchase this software to use objective data to better inform traffic enforcement strategies, traffic safety initiatives and roadway plan- ning. The data generated by this platform will be used by multiple city departments, including the police, public works and engineering departments to improve operational efficiency and public safety. BACKGROUND The city is seeking to purchase Urban SDK Traffic Monitoring Software (Urban SDK) to provide for a comprehensive system-wide platform for traffic data that can be used by multiple departments including police, public works and engineering. Urban SDK is a state-of-the-art analytics platform that uses connected vehicle and mobile devices, satellite and aerial imagery, roadway and infra- structure data, safety and incident databases from federal, state, and local databases, and public third parties to provide near real-time and historical traffic data on city streets. The platform does not collect or store any personal or identifying information, and instead it registers only anony- mous vehicle movements such as speed and direction of travel. The data collected by this platform will support a range of city functions, including enhancing traffic safety by allowing for strategic enforcement by the police department and engineering analysis, roadway design and maintenance planning by the public works and city engineering department. The shared use of this platform will allow departments to collaborate using a com- mon data source when responding to citizen complaints, planning capital projects and evaluating traffic safety initiatives. During the past three years, the city’s traffic and parking committee received over 100 traffic related complaints and the police department received over 700 complaints specifically related to speeding or vehicle racing. To address these complaints the police department currently con- ducts traffic studies, speed data collection and congestion analysis through manual counts, tem- porary equipment deployments and limited historical data sets. These methods are time-con- suming, labor-intensive and only provide a snapshot of traffic conditions at a single location. Over the past three years, the police department has deployed speed signs or speed trailers more than 300 times throughout the city to respond to citizen complaints. Purchasing this software will al- low city staff to access consistent, citywide traffic data without the need to purchase additional physical traffic monitoring devices or use outside companies to perform a traffic study. Roadway design, future infrastructure needs, and maintenance planning by the public works and engineering department are conducted without the benefit of historical traffic data. Usually, out- side engineering firms are retained to perform traffic surveys and develop recommendations based solely on current survey results. The implementation of Urban SDK will allow these depart- ments to collect and maintain historical traffic data, enabling departments to proactively identify developing roadway issues before they escalate and provide engineering firms with baseline data prior to commencing their analyses. While engineering firms will still continue to conduct full traffic surveys before any work is undertaken, access to historical data will significantly stream- line the planning process and allow these departments to more effectively anticipate and address infrastructure needs. OPERATIONAL ANALYSIS Access to accurate, system-wide traffic data is a critical operational tool for modern municipal operations. Urban SDK provides automated analytics and dashboards that replace labor-inten- sive traffic studies and reduce the demand for manual speed counts. This capability allows sworn and civilian staff across multiple departments to allocate resources more efficiently and focus efforts on locations with the highest demonstrated risk or operational need. The software provides hourly traffic data and analytics that pinpoint speeding and trending loca- tions. With this data, the police department can implement data-driven traffic enforcement, identify speeding hotspots before receiving complaints and conduct evaluations of enforcement effectiveness. Urban SDK will assist the public works and engineering department with identifying high-risk roadway segments, prioritizing infrastructure improvements, evaluating traffic calming measures and supporting roadway design decisions. The data displayed through the Urban SDK platform is aggregated at a geographic or statistical level and cannot be used to identify individual people. The data is collected by GPS data from connected vehicle and mobile devices, satellite and aerial imagery, roadway and infrastructure data, safety and incident databases from federal, state, and local agencies along with public third parties to generate their analytics. This collective data is provided to the city with absolutely no personal information being associated with the data. All data presented through the platform is aggregated and anonymized. 2 Urban SDK does not collect, store, or process “personally identifiable information” (PII) as defined under the Illinois Biometric Information Privacy Act (BIPA), that includes names, addresses, Social Security numbers, financial account information, biometric identifiers, or unique individual de- vice identifiers, and the platform does not ingest and personal data. BIPA notification, safeguard- ing, and breach-response obligations related to personal information are not triggered by Urban SDK’s services. Urban SDK also does not provide individual-level tracking, profiling or surveillance capabilities. Any data supplied by the city remains the sole property of the city. Urban SDK does not sell, license, trade, or otherwise monetize city-provided data, nor does it use city data for secondary or unrelated commercial purposes. City data is used only to provide the contracted services, con- sistent with Illinois municipal procurement and data-use limitations. Limited third-party access (such as secure cloud hosting or system support) is restricted to oper- ational necessity only and governed by confidentiality, security and non-disclosure obligations. Urban SDK does not authorize third parties to use city data for independent or commercial pur- poses. Urban SDK does not alter the city’s FOIA obligations or discretion. The platform does not intro- duce new categories of personal records subject to disclosure, as it does not collect or generate personally identifiable information. Urban SDK is also compliant with the Federal Bureau of In- vestigations Criminal Justice Information Services (CJIS) which mandates strict security access standards for handing, storing, and transmitting sensitive criminal justice information. The implementation of this software will enhance interdepartmental coordination by providing a shared data platform that supports consistent analysis and reporting. The software will also strengthen the city’s traffic safety mission, improve operational efficiency, and contribute to overall public safety throughout the city. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The cost of Urban SDK for one year is $32,950. The police department requested information regarding a multi-year agreement to pursue potential cost savings. The police department re- ceived information about a three-year agreement which provided the following cost savings; $31,302 a year for a two-year agreement and $29,655 a year for a three-year agreement. The police department does not currently recommend entering into a multi-year agreement until it has had the ability to fully assess the software’s capabilities. The police department will seek to enter into a multi-year agreement in 2027, if the software is found to have improved opera- tional efficiency and public safety. This item is included in the 2026 adopted budget. 3 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General 010-2305-731.15-07 N/A $32,950 $32,950 LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance, requiring approval by two-thirds of the city council. ALTERNATIVES The city council may elect not to approve the agreement with Urban SDK Holdings, Inc. and direct staff to seek alternate solutions or continue relying on manual traffic counts, temporary moni- toring equipment, and limited historical data. NEXT STEPS Purchase the Urban SDK Traffic Monitoring Software, provide training to employees at the Po- lice, Public Works, and Engineering Department who will be utilizing the platform, and imple- ment the software. ______________________________________________________________________________ Originators: Scott Holmes, 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. Urban SDK License Agreement 4 AGENDA ITEM: H MEETING DATE: March 11, 2026 ITEM: Kane County Child Advocacy Center Investigative Services for Sensitive Crimes Involving Chil- dren—Agreement ($35,000) OBJECTIVE: Provide investigative and victim services for cases involving children who have been victimized by sexual or serious physical abuse. RECOMMENDATION: Approve the contract with the Kane County Child Advocacy Center for investigative and victim services related to serious crimes against children. The Kane County Child Advocacy Center (KCCAC) is a division of the Kane County State’s Attorney’s office investigating and prosecuting serious physical and sexual abuse against children. The KCCAC has been providing investigative services to the city since 2000 at an annual cost of $35,000. In April 2022, the police department also assigned a part-time detective to the KCCAC due to the number of cases that originate from Elgin. The part-time detective investigated 42 Elgin cases at the KCCAC in 2025. KCCAC in 2025 investigated 90 Elgin-based cases. Given this significant caseload, KCCAC requires financial assistance from the city to support investigations pertaining to Elgin cases. BACKGROUND KCCAC is a division of the Kane County State’s Attorney’s office and was established in 1994 to investigate and prosecute sexual abuse and/or serious physical abuse against children. The in- vestigations are a cooperative effort between prosecution, police and the Illinois Department of Children and Family Services (DCFS). When KCCAC began, the department assigned an officer to the KCCAC to assist with Elgin’s cases. In 1999, this practice was discontinued, and the officer was reassigned to other departmental duties; however, the need for services provided by KCCAC con- tinued. This need has been addressed by a continuous agreement since the year 2000 between the Elgin police department and KCCAC. In this agreement, KCCAC has agreed to provide investi- gative services for sexual abuse and/or serious physical abuse cases involving children. Their fa- cility is equipped to manage victim sensitive interviews, including audio and video recording, and provide follow-up services or resources for children (and their families) who have been victims of a serious crime. During the calendar year of 2025, 90 Elgin cases were investigated by KCCAC. Each case is esti- mated to involve approximately twenty hours of an investigator’s time, translating into 1,800 hours. As this is a significant caseload, KCCAC requested that an Elgin officer be assigned part- time as a detective at the KCCAC due to the increase of Elgin cases being investigated by their agency. In April 2022, the department assigned a part-time detective to the KCCAC due to the number of cases that originate from Elgin. The part-time detective investigated 42 Elgin cases at the KCCAC in 2025. OPERATIONAL ANALYSIS Demands on city staff and fiscal resources are greatly reduced if the service agreement between KCCAC and the department remains intact. A case that is investigated by the KCCAC requires an estimated twenty hours of time. This time is currently absorbed mainly by KCCAC investigators. The sensitive nature of investigations involving children requires special expertise in interviewing techniques, collecting relevant and pertinent evidence that can require coordination and coop- eration among several agencies, along with providing safety plans and resources for victims. Cases investigated by the KCCAC translate into substantial hours of work for the investigator in- volved. If the service agreement was not in place, these hours of investigation would become the full responsibility of an Elgin officer, thus reducing the current operational abilities within the police department. The KCCAC service agreement requires financial assistance in the amount of $35,000, which provides a significant cost and manpower advantage to the city. Aside from city personnel and cost advantages, the victims they serve have particularly sensitive needs that will continue to benefit from KCCAC’s expertise and highly trained staff. The quality of wraparound services provided by KCCAC to Elgin’s special victims and their families minimizes trauma and provides a multi-disciplinary approach that involves counseling, support, advocacy and recovery. Finally, these services are an asset to the community, assuring that all sexual abuse and/or serious physical abuse cases involving children are handled in a consistent manner with the protection and safety of the children as a top priority. INTERESTED PERSONS CONTACTED Police investigative personnel and command staff discussed the cost and benefits of maintaining this agreement and KCCAC was consulted. DCFS is an important stakeholder in this agreement as well. FINANCIAL ANALYSIS KCCAC has requested financial assistance in the amount of $35,000 to provide investigative ser- vices in 2026. This funding level has remained unchanged since the original agreement in 2000. Even though the amount of Elgin cases investigated by the KCCAC has been steadily increasing, the addition of a part-time detective has mitigated the manpower concerns for the department 2 with a substantial number of cases still being investigated by the KCCAC. Funds have been ap- propriated in the 2026 general fund budget to award this contract. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General 010-2304-731.30-99 N/A $35,000 $35,000 LEGAL IMPACT None. ALTERNATIVES The city council may elect to not enter into a contract with KCCAC, returning all investigations of serious crimes involving children to Elgin police officers. NEXT STEPS Finalize contract with the Kane County Child Advocacy Center. 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. 2026 Kane County Child Advocacy Center Agreement 3  Office of the Kane County State's Attorney JAMIE L. MOSSER STATE'S ATTORNEY 2026 Agreement THIS AGREEMENT is made pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and entered into this 10th day of February, 2026, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and the Kane County Child Advocacy Center (hereinafter referred to as “CAC”) by and through the Kane County State' s Attorney, (hereinafter referred to as "State's Attorney"). For purposes of this Agreement, City, CAC, and State’s Attorney may each be referred to as a “Party” and collectively as “Parties.” WHEREAS, City is a municipal corporation organized and existing under the authority of the Illinois Municipal Code of 1961, 65 ILCS 5/1-1-1 et seq., and predecessor statutes and having those home rule powers granted pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, CAC was established pursuant to 55 ILCS 80, et seq.; and WHEREAS, the Parties have determined it to be in their best interests and the best interests of the citizens to cooperate in the investigation and prosecution of certain crimes as delineated herein. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. All the recitals hereof are incorporated by this reference and are made a part hereof as though set forth at length herein. 2. The State's Attorney, shall assign a full-time investigator to investigate all cases arising from within the geographic boundaries of City, who is specifically trained to investigate and assist in the prosecution of cases subject to the Kane County Protocol for Cases of Sexual Abuse of Children, (hereinafter referred to as "Protocol") as may be revised from time to time, a copy of which is attached hereto and made a part hereof as Attachment "A". Such investigator shall be exclusively employed, supervised and directed by State's Attorney and /or his assign. State's 1  Attorney will also provide a bi-lingual investigator when circumstances require such language skills. All investigations shall be performed in accordance with established best practices and applicable law. 3. For the services of the investigator, City shal1 pay to the Office of the State's Attorney the sum of $35,000.00 (Thirty-Five Thousand Dollars). Such payment of $35,000.00 (Thirty- Five Thousand Dollars) shall be payable monthly in twelve (12) equal installments of Two Thousand Nine Hundred Sixteen Dollars and sixty-seven cents ($2,916.67) with the first payment due and payable on January l, 2026, and the remaining payments due and payable on the first day of each subsequent month during the term of this Agreement. 4. Elgin Police Department (“EPD”) shall assign a part-time officer (2 days per week) to the CAC location in Geneva, Illinois. The assigned officer shall be a certified juvenile officer and have investigative experience and interrogation training. 5. The assigned officer shall investigate cases arising from the City and under the Protocol. All investigations and police activities shall be performed in accordance with established best practices and applicable law. 6. The State's Attorney shall provide a vehicle for the police officer's use. Police Officer shall use provided vehicle for CAC-related business only and not for personal use. The City shall be responsible for maintaining its own insurance or self-insurance program with respect to liabilities to its employees or to third parties that may reasonably result from the performance of its lawful functions, including those functions which are contemplated by this Agreement, and shall specifically include without limitation auto liability, law enforcement liability, and general liability insurance coverage. 7. EPD shall be responsible for the police officer's salary as an employee of the City, including all benefits and any overtime hours necessary for the assigned police officer to fulfill his or her obligations under this Agreement. The City shall be responsible for providing for the assigned officer worker's compensation insurance and benefits, and unemployment insurance benefits. 8. Each party to this Agreement shall bear the cost of its own defense. This Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one party with respect to third parties or to increase the liability of any party beyond that which is imposed by law. 9. The State's Attorney shall provide to the assigned police officer child sexual abuse specific training, a dedicated work space at the CAC, including a desk, phone, audio recorder, camera, office supplies and a computer. 10. The assigned police officer shall at all times be considered an employee of EPD and shall be subject to EPD's personnel and disciplinary policies and procedures, as well as any applicable collective bargaining agreement. The City shall be responsible for defending and 2  indemnifying the assigned officer with respect to his/her work performed under this agreement in accordance with law. 11. The term of this Agreement shall terminate December 31, 2026. Upon mutual agreement, the Parties may extend this Agreement in writing for a term of up to one (1) year. 12. This Agreement shall not be constructed so as to create a joint venture, partnership, or employment relationship of any kind between the parties hereto. 13. In the event any of the terms or conditions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 14. This Agreement represents the entire agreement between the Parties hereto. No oral representations, promises, terms or Agreements have been made, and any such representations, promises, terms or Agreements shall be of no force and effect. Any amendments or modifications to this Agreement will be in writing signed by the Parties. 15. If any of the terms of this Agreement conflict with any of the terms of any other written Agreement between the parties, hereto, the terms of this Agreement shall apply. 16. This Agreement shall be subject to and governed by the laws of the State of Illinois. 17. This Agreement may be terminated by either party hereto upon 60 days written notice. In the event this Agreement is terminated by City for any reason, City shall not be required to make any further payments but shall be required to make all payments up to and including the date of termination, prorated to such date. Such terminations shall be without penalty and shall not be construed so as to entitle either party to damages or other compensation. Upon such termination, State's Attorney shall not be obligated to provide the investigators and services as described above. 18. All notices delivered hereunder shall be in writing and shall be served upon the parties as the following addresses: To States Attorney: Jamie L. Mosser Kane County State's Attorney 37W777 Rt. 38 St. Charles, IL 60175 To City: Ana Z. Lalley, Chief of Police City of Elgin 150 Dexter Court Elgin, Illinois 60120 3  CITY OF ELGIN Kane County State’s Attorney Title: City Manager Title: Kane County State's Attorney Attest: _________________ Title: City Clerk 4 5 AGENDA ITEM: I MEETING DATE: March 11, 2026 ITEM: Stryker Power Load Ambulance Stretcher—Purchase Agreement with Stryker Corporation ($45,057) OBJECTIVE: Provide fire department personnel with emergency services equipment designed to prevent fire- fighter injuries during ambulance transport. RECOMMENDATION: Approve the purchase of one ambulance stretcher from Stryker Corporation. The fire department is taking possession of a new ambulance in 2026 that was ordered in 2023. The city delays purchasing ambulance stretchers from the Stryker Corporation to maximize the Stryker warranty, waiting until the ambulance delivery is imminent so the city benefits from the longest warranty period. BACKGROUND The city is seeking purchase one Stryker Power Load ambulance stretcher for the new ambulance being delivered in 2026. The fire department in 2023 ordered a replacement ambulance for de- livery in the fall of 2026. The delay in delivering the ambulance stemmed from supply and work- force issues occurring during the pandemic, and those impacts are still affecting manufacturing and delivery timeframes today. As part of the build order, each ambulance is equipped with a Stryker Power Load, an electric system integrated into the ambulance that lifts the stretcher in and out of the patient bay. The Stryker Power Load system has two components, the first part being the loading system inte- grated into the ambulance that is part of the ambulance build order. The second part is the stretcher, which is not part of the fixed loading system in the ambulance. With past normal production times, stretchers were incorporated into the build order and came with the ambulances. But today, the stretcher manufacturer will only provide quotes valid for six months. With the current extended production times for manufacturing ambulances, it is imprac- tical to order a stretcher for the ambulance at the time the ambulance is ordered. If the stretcher had been ordered with the vehicle, it would have activated the seven-year warranty, which would have reduced the recommended life span of the stretchers from seven to four years. OPERATIONAL ANALYSIS All fire department ambulances utilize the Stryker Power Load system with the required stretcher. The Power Load system is an integrated mechanical system that is on the floor of each ambulance that lifts and lowers the stretchers in and out of the ambulances. This lifting system removes the dangers of lifting stretchers, with patients on them, in and out of ambulances which can pose a significant risk of injury to paramedics. The Power Load system requires the associated Stryker stretcher as they are the only stretchers that can be used with the system. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The requested purchase of one Stryker Power Load stretcher was included in the 2026 ap- proved General Fund budget. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE General 010-2802-735.91-46 289915 $46,300 $46,300 LEGAL IMPACT The proposed contract would require an exception to the procurement ordinance, which requires approval by two-thirds of the members of the city council. ALTERNATIVES Given the proprietary technology of the Stryker Power Load system, the purchase of one stretcher is required to put the new replacement ambulance into service. NEXT STEPS Coordinate installation of the Stryker Power Load system and stretcher into the new ambulance. 2 Originators: Robert Cagann, Fire Chief Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Purchase Agreement with Stryker Corporation 3  PURCHASE AGREEMENT This Purchase Agreement (“Agreement”) is entered into by and between Stryker Sales, LLC, through its Medical division, (“Stryker”) and the City of Elgin, a municipal corporation (“Customer”). Stryker and Customer are individually referred to herein as a “Party” and collectively as the “Parties.” Stryker is engaged in the manufacture and supply of certain medical equipment (the “Product(s)” as defined below). Customer provides certain services which, from time to time, require the use of Products, and Customer intends to acquire Overview and these Products from Stryker. The Parties enter into this Agreement to identify the terms and conditions upon which Background: Stryker will make its Products available to Customer. Customer may desire to purchase certain services in connection with its use of Stryker’s Products, the terms and conditions of which, if applicable, are attached and incorporated hereto in the form of Exhibits to this Agreement. Contract Number: Customer Number: 20037725 Exhibit A – Product Pricing Exhibits: Exhibit B – Warranty & Return Policy Exhibit C – Authorized Purchasers Exhibit D – ProCare Services Effective Date: Date of Last Signature (below) Expiration Date: Five years thereafter Signatures: By executing this Agreement, each signatory represents and warrants that such person is duly authorized to execute this Agreement on behalf of the respective Party. STRYKER SALES, LLC, acting through its Medical division CITY OF ELGIN Signature: Signature: Name: Kathryn E. Janecke Name: Title: Sr. Director, Commercial Operations Title: Date: 02/11/2026 Date: Address: Address: Attn: Legal ____________________ 3800 E. Centre Ave. ____________________ Portage, MI 49002 ____________________ With electronic copy to: USContracts@stryker.com Notices will be sent to the Parties at the addresses listed herein. STANDARD TERMS AND CONDITIONS 1. Definitions. The term “Product” will mean those commercially available products sold by Stryker, as listed and more particularly described in Exhibit A (“Product Pricing Exhibit”). The Product Pricing Exhibit will be governed by and subject to the terms and conditions of this Agreement. Any additions or deletions of Products from the Product Pricing Exhibit will not be effective unless evidenced as an amendment signed by Parties. 2. Term. This Agreement begins on the Effective Date and will expire on the Expiration Date listed above (the “Term”), unless terminated, in accordance with Section 10 of this Agreement, or extended by mutual written agreement of the Parties. 3. Pricing. Only Products expressly covered by the Product Pricing Exhibit and purchased under this Agreement are eligible for the pricing offered in the Product Pricing Exhibit. Notwithstanding the foregoing, Customer understands that Product pricing (including any price concessions) and other incentives offered under this Agreement are contingent upon Customer’s, compliance with all terms and conditions set forth in this Agreement (including specific pricing conditions, if any, included in the Product Pricing Exhibit) and the requirement to pay outstanding invoices as set forth in Section 4. Product pricing set forth in Product Pricing Exhibit may be increased on each anniversary of the Effective Date by any amount not to exceed three percent (3%) or the percentage change in Medical CPI during the immediately preceding twelve (12) month period, whichever is greater. Product pricing set forth in the Product Pricing Exhibit shall include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind. The Product pricing is inclusive of all freight and shipping costs. The Customer is a tax-exempt governmental entity and shall only be required to pay taxes which Customer is not exempt from. Customer shall send their tax-exempt certification on or before the Effective Date of this Agreement. 4. Purchase Orders; Payments. Customer must submit to Stryker a purchase order for Products prior to the shipment of such Products. For clarity, Customer’s failure to provide purchase orders as set forth herein may be deemed a material breach of this Agreement. Stryker will submit to Styker Product Purchase Agreement 1.1.2024  Customer an invoice for Products, and Customer shall pay in full all invoices within thirty (30) days from the date of invoice. All payments to be made via Automated Clearing House (“ACH”). If Customer wishes to dispute an invoice or portion thereof, Customer must notify Stryker in writing within fifteen (15) days of its receipt. The writing must provide sufficient detail regarding the basis and amount of the dispute. If Customer does not dispute an invoice within fifteen (15) days of its receipt of same, the invoice will be deemed to have been accepted by Customer. 5. Interest. Stryker hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 6. Shipping. Except as otherwise provided in a Product Pricing Exhibit, all Products purchased directly from Stryker are shipped F.O.B. Origin, freight and handling charges prepaid and added to the invoice. 7. Warranty. Except as set forth in the applicable part of Exhibit B, any warranties provided by Stryker with respect to a given Product are as described in the labeling accompanying units of that Product on purchase. STRYKER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. Limitation of Liability. IN NO INSTANCE WILL STRYKER BE LIABLE TO CUSTOMER OR ANY PARTICIPANT FOR INCIDENTAL, PUNITIVE, SPECIAL, COVER, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR COSTS FOR ANY ACTIONS UNDER OR RELATED TO THIS AGREEMENT. IN NO EVENT SHALL THE CUSTOMER BE LIABLE TO STRYKER FOR ANY MONETARY DAMAGES IN EXCESS OF THE PURCHASE PRICE CONTEMPLATED BY THIS AGREEMENT. IN NO EVENT SHALL CUSTOMER BE LIABLE TO STRYKER FOR ANY CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFIT. 9. Indemnity. Stryker agrees to indemnify and defend Customer from any third-party claims related to bodily injury or damage to personal property which Customer may suffer solely as a result of (i) a defect in workmanship or design of the Products or (ii) the gross negligence or willful misconduct or violation of applicable law by Stryker, its employees and authorized agents in their performance under this Agreement. This indemnification does not apply to liability and/or damages arising from: (a) the negligence of any person other than an employee or agent of Stryker; (b) the failure of any person other than an employee or agent of Stryker to follow any labeling, manuals and/or instructions for use of the Product; or (c) the use of any product not purchased from Stryker, or Product that has been modified, altered, reprocessed, or repaired by any person other than an employee or agent of Stryker. Stryker will have no liability hereunder unless it is notified promptly of any such claim and given control of the defense and settlement thereof. Customer will be liable to Stryker for any claims, losses, or injuries arising from or resulting from the gross negligence or willful misconduct of any employee or agent of Customer. 10. Insurance. a. During the Term of this Agreement, Stryker will maintain commercial general liability insurance, including coverage for products and completed operations, with limits of $1,000,000 per occurrence and $3,000,000 aggregate; automobile liability insurance with a combined single limit of $1,000,000 each accident covering Stryker’s use of owned, non-owned and hired vehicles; and workers compensation insurance subject to statutory limits and employer's liability insurance with limits of $1,000,000 per accident, and $1,000,000 per employee and policy limit for disease covering claims arising out of Stryker’s activities and obligations under this Agreement, including Customer’s use of Products purchased from Stryker under this Agreement according to the instructions for use. Notwithstanding any other requirements within this Agreement to the contrary, to the extent allowed by applicable law or regulation, Stryker shall be permitted to comply with these insurance requirements through a program of self-insurance. Upon request by Customer, Stryker will furnish an insurance certificate issued by an authorized agent of the insurer(s) evidencing the above referenced insurance coverage. b. During the Term of this Agreement, Customer shall maintain commercial general liability insurance with limits of $1,000,000 per occurrence and $3,000,000 annual aggregate; automobile liability insurance with a combined single limit of $1,000,000 each accident covering Customer’s use of owned, non-owned and hired vehicles; and workers compensation insurance subject to statutory limits and employer's liability insurance with limits of $1,000,000 per accident, and $1,000,000 per employee and policy limit for disease covering claims arising out of Customer’s activities and obligations under this Agreement, including liability arising out of Customer’s indemnity obligations set forth in Section 10 above. Upon request by Stryker, Customer will provide an insurance certificate issued by an authorized agent of the insurer(s) evidencing the above referenced insurance such coverage. 11. Termination. Either Party may terminate this Agreement in whole or in part at any time, without cause, by giving thirty (30) days advance written notice to the other Party. For the avoidance of confusion, Stryker may terminate (i) its participation in this Agreement or (ii) the Product Pricing Exhibit, by giving thirty (30) days’ written notice to Customer. Upon termination or expiration of this Agreement, Customer shall, within ten (10) days, pay Stryker all amounts owed pursuant to this Agreement. 12. Confidentiality. The terms of this Agreement are confidential. Neither party shall disclose confidential information to any third party without the prior written consent of the other party, except where such disclosure is required by law. 13. Miscellaneous. a. No Party shall be liable for failure of or delay in performing obligations set forth in this Agreement, and no Party shall be deemed in breach of its obligations if such failure or delay is due to natural disasters or any causes reasonably beyond the control of such Party. Styker Product Purchase Agreement 1.1.2024  b. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Federal Courts of Kane County, Illinois. Stryker hereby irrevocably consents to the jurisdiction of the Federal Courts of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof. c. This Agreement shall inure to the benefit of, and be binding upon, Customer and Stryker and their respective successors and assigns. Neither Party may assign any of its rights or obligations herein, without the prior written consent of the other Party, except that Stryker shall have the right to assign this Agreement or any rights under or interests hereunder to any parent, subsidiary, or affiliate of Stryker. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and be enforceable by successors and assigns of the Parties to this Agreement. Any purported assignment in violation of the preceding sentence shall be void. d. Any notice required under this Agreement shall be in writing, either by electronic mail or registered mail, in which case, postage will be prepaid, and addressed to the Parties at their respective addresses as first set forth above. e. This Agreement and Product Pricing Exhibit constitute the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes all prior negotiations and agreements between the Parties concerning the subject matter of this Agreement, including any Master Agreements to which Customer may be a party and vendor portal or click-through terms and conditions. This Agreement may only be amended by written agreement of the Parties. In the event of an inconsistency or conflict between this Agreement, Product Pricing Exhibit and any purchase order, invoice, or similar document relating to the purchase of any units of any Product, the applicable Product Pricing Exhibit, then this Agreement will control. f. Customer will not, during the term of this Agreement and for 12 months after termination, directly or indirectly, solicit, induce, or influence or attempt to solicit, induce, or influence any person engaged as an employee, independent contractor, or agent of Stryker to terminate his/her or its employment and/or business relationship with Stryker or do any act which may result in the impairment of the relationship between Stryker and its employees, independent contractor, or agents. g. The Warranty, Limitation of Liability, Indemnification, Confidentiality, and Miscellaneous provisions of this Agreement shall survive its termination or expiration. h. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any Party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. Styker Product Purchase Agreement 1.1.2024  Exhibit A to Product Purchase Agreement PRODUCT PRICING Styker Product Purchase Agreement 1.1.2024  Exhibit B to Product Purchase Agreement PRODUCT WARRANTY(S) AND RETURN POLICY Stryker’s standard Product warranties and return policies can be found at device_warranty_statement.pdf (stryker.com). Stryker’s Product warranties apply only to (i) the original end-user purchaser of Products directly from Stryker or its authorized distributors and (ii) Products manufactured by Stryker. THE EXPRESS WARRANTIES SET FORTH IN EXHIBIT B AND STRYKER’S STANDARD PRODUCT WARRANTY ARE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS SOLD TO CUSTOMER AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRIGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Styker Product Purchase Agreement 1.1.2024  Exhibit C to Product Purchase Agreement AUTHORIZED PARTICIPANTS PARTICIPANT ADDRESS SYK Customer # City of Elgin 3270 Long Common PKWY, Elgin, IL 30124-8832 20037725 Styker Product Purchase Agreement 1.1.2024  Exhibit D to Product Purchase Agreement PROCARE SERVICES The terms of this Exhibit D will apply to Customer’s purchase of Services under a Stryker Service Plan (as defined Section 1 below). In the event of a conflict or inconsistency between the Standard Terms of Sale and this Exhibit D, relative to a Service Plan, this Appendix D will govern. 1. Service Plan Coverage. Stryker will perform the repair and maintenance services (collectively, the “Services”) more particularly described in each service plan (the “Service Plan”) if entered into by and between Stryker and Customer. The Services will cover the capital equipment (if applicable) identified in the Service Plan (collectively, the “Equipment”). 2. Service Plan Terms and Conditions. In addition to each Service Plan’s coverage terms and conditions, the Services will be subject to the PROCARESM Services Terms and Conditions set forth below. 3. Term and Termination. 3.1. Term. The Term of each Service Plan (the “Term”) will continue so long as Services are being provided under a Service Plan. Notwithstanding the foregoing, Stryker may change the amounts due as noticed thirty (30) days prior to any renewal. 3.2. Termination for Cause. Either Party may terminate a Service Plan upon written notice to the other Party in the event the other Party breaches the Service Plan and fails to cure the breach within thirty (30) days after receipt of written notice thereof. In the event of such termination, Customer will be entitled to receive from Stryker a refund of all amounts prepaid by Customer under a Service Plan for Services that have not yet been provided by Stryker at the time of such termination, and Stryker will be entitled to receive from Customer payment for all Services that have been provided by Stryker prior to such termination. 3.3. Termination for Convenience. Either Party may terminate this Agreement at any time upon thirty (30) days prior written notice to the other. If Customer has made advance payments, Stryker will provide prorated refund to the Customer for the remaining balance of the term, and any Equipment in Stryker’s possession will be promptly returned to Customer. 3.4. Survival of Certain Provisions. The provisions of Term and Termination, Confidentiality, Non Solicitation and Non Hire, Limitations of Liability, Changes, and Assignment will survive the expiration or termination of this Agreement and will be binding to the respective successors, assigns, subsidiaries or affiliates of the Parties. 4. Product Maintenance. The Service Plan is ancillary to and not a complete substitute for the requirements of Customer to adhere to the routine maintenance instructions provided by Stryker, its equipment and operations manuals, and accompanying labels and/or inserts for each item of Equipment. Customer covenants and agrees that its appropriate user personnel will follow the instructions and contents of those manuals, labels and inserts. 5. Warranty; Limitations of Warranty and Liability (Services). During the Term, Stryker warrants, with the exception of software maintenance services which, if applicable, will be as specified in the Service Plan, the following: 5.1. Stryker has the experience, capability and resources to perform under the Service Plan, and Stryker further represents and warrants that the Services will be performed in a workmanlike manner and with professional diligence and skill; 5.2. Services will comply with all applicable laws and regulations and all applicable standards set forth by law or ordinance or established by the rules and regulations of any federal, state or local agency, department, commission, association or pertinent governing, accrediting or advisory body, including The Joint Commission having authority to set standards for healthcare facilities; 5.3. If the Services are to be performed on Customer’s premises, Stryker represents and warrants that Stryker will comply with all applicable safety laws and Customer’s then current safety and other applicable regulations, all human resource policies and health and drug and alcohol screening policies; provided that Customer has provided advance written notification of such rules, regulations and policies to Stryker; 5.4. Stryker currently has, or prior to the commencement thereof, will obtain, pay for, and maintain any and all licenses, fees, and qualifications required to perform the Services. 5.5. Stryker will maintain the Equipment in good working condition. Equipment and Equipment components repaired or replaced under this Service Plan continue to be warranted as described herein during the Term. When Equipment or component is replaced, the item provided in replacement will be the customer’s property and the replaced item will be Stryker’s property. If a refund is provided by Stryker, the Equipment for which the refund is provided must be returned to Stryker and will become Stryker’s property. 5.6. TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES AND ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY STRYKER, AND STRYKER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO INSTANCE WILL STRYKER BE LIABLE TO CUSTOMER FOR INCIDENTAL, PUNITIVE, SPECIAL, COVER, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES OR ATTORNEYS’ FEES OR COSTS. 6. Limitations and Exclusions from Service Plan. Customer will use commercially reasonable efforts to cooperate with Stryker in connection with Stryker’s performance of the Services. Customer understands and acknowledges that Stryker ProCare employees will not provide surgical or medical advice, will not practice surgery or medicine, will not be involved in any manner which may be construed as practicing surgery or medicine, will not come in contact with the patient, will not enter the “sterile field” at any time, and will not direct equipment or instruments that come in contact with the patient during surgery. Customer’s personnel will refrain from requesting Stryker employees to take any actions in violation of these requirements or in violation of applicable laws, rules or regulations, Customer policies, or the patient’s informed consent. A refusal by Stryker employees to engage in such activities will not be a breach of this Agreement. Customer consents to the presence of Stryker employees in its operating rooms, where applicable, in order for Stryker to provide Services under this Agreement and represents that it will obtain all necessary consents from patients for such presence during surgery. Notwithstanding any other provision set forth herein, the Service Plan does not cover the following, as determined by Stryker in its sole discretion:(i) abnormal wear or damage caused by reckless or intentional misconduct, abuse, neglect or failure to perform normal and routine maintenance as set out in the applicable maintenance manual or operating instructions provided with the Styker Product Purchase Agreement 1.1.2024  Equipment; (ii) accidents, catastrophe, fire, flood or act(s) of God; (iii) damage resulting from faulty maintenance, improper storage, repair, handling or use, damage and/or alteration by non-Stryker authorized personnel; (iv) service necessary due to the failure of the Customer or anyone under its control to comply with written instructions or recommendations; (v) equipment on which any original serial numbers or other identification marks have been removed or destroyed; (vi) damage caused as a result of the use of the Equipment beyond the useful life, if any, specified for such equipment in the user manual; (vii) service Stryker cannot perform because the Equipment has been discontinued or its parts have been discontinued or made obsolete; (viii) service to the Equipment if the Equipment or the Equipment site is contaminated with blood or other potentially infectious substances; or (ix) equipment that has been repaired with any unauthorized or non-Stryker components. In addition, in order to ensure safe operation of the Equipment, only Stryker accessories should be used. Stryker reserves the right to invalidate a Service Plan and any complimentary loaner programs thereunder if Equipment is used with accessories not manufactured by Stryker. If, at any time, upon inspection of the Equipment in service, Stryker deems any single unit of Equipment to be unserviceable, a record and report of such will be made, and provided to the Customer in writing on the date of service. 7. Indemnification (Services). 7.1. Stryker will indemnify and defend Customer against any third-party liability and/or damages (“Claims”) that Customer may incur directly as a result of bodily injury (including death) or property damage arising from negligent, willful misconduct or omissions of Stryker or its employees agents, or contractors in the course of providing Services. The foregoing indemnification will not apply to any Claims arising from: (i) an injury or damage due to the negligence of any person other than a Stryker employee or agent; (ii) the failure of any person other than a Stryker employee or agent to follow any instructions outlined in the labeling, manual, and/or instructions for use of the Equipment; (iii) the use of any equipment or part not purchased from Stryker; (iv) abnormal wear and tear or damage caused by misuse or by Customer’s failure to perform normal and routine maintenance as set out in the maintenance manual and/or operating instructions provided with the Equipment, or as demonstrated by an authorized Stryker representative; or (v) any equipment or any part thereof that has been modified, altered or repaired by any person other than Stryker’s employee or agent. 7.2. Stryker’s indemnification obligations under this Section 7 are conditioned on Customer promptly providing Stryker with (i) timely written notice of any Claim for which indemnification is sought and (ii) reasonable assistance and all available non-proprietary information reasonably required in the defense or settlement of any Claim; and (iii) control, with reasonable input from Customer, over the defense against any Claim and the settlement of any Claim; provided, however, that Stryker will not agree to any settlement or compromise that imposes or results in any finding of fault or any restriction or obligation on the part of Customer without Customer’s prior written consent. For any Claim covered by Stryker’s indemnification obligations under Section 7, the Customer shall have the right to participate in the defense at its own sole expense. 8. Non-Solicitation and Non-Hire. Customer agrees that, during the Term and for a period of one (1) year following the termination or expiration of a Service Plan, it will not solicit any employees of Stryker to terminate their employment with Stryker, unless Stryker consents in writing. Nothing herein will prohibit Customer from hiring employees of Stryker who respond to a general employment solicitation such as a newspaper advertisement. 9. Background Check. Stryker warrants that all of its employees who will be on a Customer’s premises to perform Services will have undergone a background check as part of Stryker’s hiring practice and/or as required by Customer’s vendor credentialing program. The background check consists of the following: • Criminal background check • National sex offender registry check • Education verification • Employment history • SSN verification • Driving record • Government sanction/watch lists During the Term, a Customer may request a conference with Stryker at any reasonable time regarding the performance, behavior or expectations of any Stryker service personnel who are assigned to Customer’s facility. Any Stryker service personnel who willingly and knowingly violates Customer’s rules, regulations, procedures, or polices may be removed from Customer’s facility at Customer’s option and will be replaced by Stryker promptly. 10. Changes. At any time during the Term, and upon each Party’s written consent, additional Services or Equipment may be added or deleted from a plan. Such changes will be governed by the terms and conditions of the Service Plan. Stryker may modify the applicable Service Plan to reflect adjustments to charges attributable to plan changes. 11. Parts and Subcontracting. Stryker may elect to use new or used parts related to the Services in its sole discretion. Stryker reserves the right to hire subcontractors to perform the Services. 12. Independent Contractor. The Parties are independent contractors with respect to one another. However, to the extent Stryker, Stryker personnel or subcontractors come to Customer’s property, to the extent applicable, they will follow Customer’s written and posted work place policies. 13. Nondiscrimination: Stryker will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. Stryker will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the Customer a written commitment to comply with those provisions. Stryker will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. Styker Product Purchase Agreement 1.1.2024 AGENDA ITEM: J MEETING DATE: March 11, 2026 ITEM: Parking Lot and Alley Maintenance 2026 Program—Amendment Agreement No. 1 with Thomas Engineering, LLC for Design and Construction Engineering Services ($84,524) OBJECTIVE: Analyze, design, and prepare construction documents for the maintenance of various public park- ing lots and city-owned alleys along with field inspection, contract administration, general coor- dination and control of the day-to-day construction activities for the 2026 parking lot and alley maintenance program. RECOMMENDATION: Enter into Amendment Agreement No. 1 for professional services with Thomas Engineering, LLC to provide Supplemental Engineering Services for the 2026 parking lot and alley maintenance program. The city annually budgets for engineering services necessary to complete the annual parking lot and alley maintenance program. Due to restrictive weather conditions, the 2025 program was designed but not constructed. This amendment agreement enables the design engineering and construction inspection services necessary to combine the unfinished 2025 program locations with the proposed 2026 program locations. Services under this agreement will include design en- gineering for the proposed 2026 locations and construction engineering for both the 2025 and 2026 locations. The construction engineering services include bid advertising and construction award assistance, full-time field inspection of construction activities, contract administration, construction documentation, general coordination and control of the day-to-day construction ac- tivities. BACKGROUND The city has budgeted for a parking lot and alley maintenance program since 2020 to maintain and improve city owned parking lots and alleys. Construction engineering services for the unfin- ished 2025 program locations will include parking lots at 169 Dexter Avenue; the north/employee Edward Schock Centre of Elgin parking lot; both the concrete and bituminous parking areas at Elgin Fire Station No. 3 located at 2455 Royal Boulevard; and the Highland Avenue alley between 109 and 113 Highland Avenue near Grove Avenue. Proposed added locations under the Parking Lot and Alley Maintenance 2026 Program will include the LaSalle Place alley between Wing Street and Kaskaskia Avenue; the LaSalle place Alley between Harlan Avenue and Kaskaskia Avenue; the Kaskaskia Alley between Kane Avenue and the west terminus; the North Spring Street Alley be- tween Lovell Street and Center Street; the North Spring Street Alley between Cooper Avenue and Slade Avenue; the North Spring Street Alley between Slade Avenue and Lincoln Avenue; the Oak- land Avenue Alley between Liberty Street and Preston Avenue; and the public parking lot at the northwest corner of the intersection of Fulton and Villa Streets. Maintenance work will generally include pavement milling and resurfacing, concrete pavement removal and replacement, im- provements to curb, gutter, and sidewalks surrounding project areas and minor drainage and sewer structure maintenance. OPERATIONAL ANALYSIS The city regularly uses engineering consulting firms to provide the design and construction engi- neering services for capital projects, including parking lot and alley improvements. This agree- ment allows for design engineering services including, but not limited to, project design, plan preparation, bidding, and contracting services that must precede construction work. This agree- ment also allows for construction engineering services, including, but not limited to, full time field inspection of construction activities, contract administration, construction documentation, general coordination, and control of the day-to-day construction activities. For larger capital improvement projects, design and construction engineering services are typi- cally provided under two separate agreements. However, given the nature of the anticipated work and the project’s small size, relative to other capital improvement projects, Thomas Engi- neering has proposed to provide both design and construction engineering services under one agreement. Due to the similarity of anticipated improvements to city owned parking lots and alleys, it was determined by city staff that combining the improvements into one contract will allow for efficient construction operations and cost savings. If approved, design efforts will take place in April of 2026 and will culminate in the advertisement and bidding of the construction contract. Construction is anticipated to occur from July through September of 2026, with Thomas Engineering providing construction engineering services throughout. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The proposed agreement contemplates design and construction engineering services in an amount not to exceed $84,524. The construction phase of this project will be advertised for bid following the completion of design engineering work and will be presented to council for ap- proval in July 2026. 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-6902-719.30-03 340153 $500,000 $500,000 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance, which requires approval by two-thirds of the members of the city council. ALTERNATIVES The city council may choose to reject the agreement with Thomas Engineering, LLC. Staff will then be responsible for preparing project plans, specifications, and cost estimates, as well as inspec- tion of contractor operations and completion of documentation throughout the course of con- struction. Limited staff resources, however, will cause delays in finalizing design and delay con- struction possibly into the next construction season. NEXT STEPS 1. Execute the agreement with Thomas Engineering, LLC. 2. Issue directive to engineer to begin work. Originators: Mike Pubentz, Public Services Director Kathryn Edwards, Engineering Inspector Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Amendment Agreement No. 1 with Thomas Engineering, LLC, For Design and Construction Engineering Services for the 2026 Parking Lot and Alley Maintenance Program 3  AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT No. 1 is hereby made and entered into this ____ day of _________________, 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the “City”), and Thomas Engineering Group, LLC, an Illinois limited liability company (hereinafter referred to as “Engineer”). WHEREAS, the City and Engineer hereto have previously entered into an agreement dated August 27, 2025 (hereinafter referred to as “Original Agreement”), wherein the City engaged the Engineer to furnish certain professional services in connection with the 2025 Parking Lot and Alley Maintenance Program (hereinafter referred to as the “Project”); and WHEREAS, the City has determined that the proposed name of the PROJECT should be revised to the 2026 Parking Lot and Alley Maintenance Program to better reflect the revised limits and scheduling of the project; and WHEREAS, the City has determined that the proposed scope of the Project should be further modified to include the additional Supplemental Professional Engineering Services described herein (hereinafter referred to as “Supplemental Services”); and WHEREAS, the Original Agreement provides for a maximum payment of $79,929.10; and WHEREAS, the parties hereto have determined and agree that the total maximum payment for the Supplemental Services described in this Amendment Agreement No. 1 shall be in the amount of $ 84,523.92 and WHEREAS, the changes contemplated by this Amendment Agreement No. 1 are germane to the Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interests of City and is authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings provided herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The above recitals are incorporated into and made part of this Agreement as if fully recited herein. 2. Section 1 of the Original Agreement is hereby further amended by adding a new additional subparagraph E thereto to read as follows: “E. The ENGINEER shall provide the additional engineering services to include preparation and plans and specifications for CITY alley and parking lot maintenance as described in Attachment A-1, attached hereto and made a part hereof (hereinafter referred to as the “Additional Supplemental Services”). 3. That Section 1 of the Original Agreement is hereby further amended by adding a new additional subparagraph F thereto to read as follows: “F. A Location Map for Supplemental Services locations for the PROJECT is attached hereto as Attachment D-1 and incorporated into this Agreement. 4. That Section 2 of the Original Agreement is hereby further amended by adding the following to the end of Subparagraph B: “B. Engineer shall provide the Supplemental Services provided for in this Amendment Agreement No. 1 in accordance with the schedule outlined herein and detailed in Attachment B-1.” 5. That Section 4 of the Original Agreement is hereby amended by adding the following paragraph E and Payment Schedule to read as follows: “C. For services described in Attachments A-1, C-1, Engineer shall be paid a lump sum and total maximum fee of $ 84,523.92 for the services to be provided pursuant to this Amendment Agreement No. 1, regardless of the actual time or actual costs incurred by the Engineer unless substantial modifications and scope of work are authorized in writing by the City and approved pursuant to a further written amendment to this Agreement. For the purposes of clarification, the total fees to be paid to the Engineer pursuant to the Original Agreement, and this Amendment Agreement No. 1 now total $164,453.02. The detailed basis of the additional fee associated with Amendment Agreement No. 1 is included in Attachment C-1 and is based on hourly rates of personnel utilized.” Payment Schedule for Supplemental Services ESTIMATED ESTIMATED VALUE ESTIMATED INVOICE DATE % COMPLETE OF WORK COMPLETE VALUE 5/1/2026 22 $18,276.64 $18,276.64 6/1/2026 43 $36,553.28 $18,276.64 7/1/2026 65 $54,829.92 $18,276.64 8/1/2026 77 $64,727.92 $9,898.00 9/1/2026 88 $74,625.92 $9,898.00 10/1/2026 100 $84,523.92 $9,898.00 Total 100% $ 84,523.92 6. That except as amended in this Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. 7. That in the event of any conflict between the terms of the Original Agreement and the provisions in this Amendment Agreement No. 1, the provisions of this Amendment Agreement No. 1, shall control. 8. This Amendment Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this Amendment Agreement, any signed copy of this Amendment Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Amendment Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Amendment Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Amendment Agreement shall be re-executed by the parties in an original form. No party to this Amendment Agreement shall raise the use of fax machine or e-mail as a defense to this Amendment Agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into and executed this Amendment Agreement No. as of the date and year first written above. CITY OF ELGIN CONSULTANT By:_________________________________ By:_________________________________ City Manager Its Attest: Attest: ___________________________________ ___________________________________ City Clerk Its Executive Assistant AGENDA ITEM: K MEETING DATE: March 11, 2026 ITEM: Lime Residual Disposal Line Inspection Services—Agreement with RJN Group, Inc. ($98,200) OBJECTIVE: Provide inspection services to perform a condition assessment of the city’s fourteen-inch lime residual disposal line serving the Leo Nelson Riverside Water Treatment Facility. RECOMMENDATION: Approve a professional services agreement with RJN Group, Inc. in the amount of $98,200. Elgin’s water treatment system relies on critical lime residual (sludge) disposal conveyance infra- structure to support the reliable production of safe drinking water for more than 100,000 resi- dents throughout the community. As the city’s sludge lines age, internal buildup, deposits and potential deterioration can reduce hydraulic capacity, restrict flow, and impair overall system per- formance. Regularly inspecting and evaluating the sludge line provides the necessary understanding to iden- tify developing issues, prevent further degradation and maintain reliable operation of the treat- ment process. If the sludge line is not able to operate efficiently, sludge handling at the treatment facility can be disrupted, placing added strain on treatment operations, limiting production ca- pacity and increasing the risk of impacts to drinking water reliability. Proactively maintaining this infrastructure is essential to protecting the city’s ability to consistently deliver high-quality drink- ing water and sustain long-term treatment system performance. BACKGROUND The Leo Nelson Riverside Water Treatment Facility relies on a fourteen-inch sludge line to convey lime residuals from the plant to the sludge lagoons located at the Highlands of Elgin golf course. This line is a critical component of the treatment process and is essential for maintaining reliable plant operations, water quality, and regulatory compliance. Staff last year experienced significant operational challenges associated with the fourteen-inch sludge line. During periods of increased lime sludge blowdowns, operators observed extended discharge times, reduced conveyance efficiency, and operational impacts within the treatment process. These issues affected primary basin performance and required operational adjustments, including taking treatment capacity offline to maintain stable water chemistry. During periods when the fourteen-inch line was unavailable, the city was forced to rely on the older eight-inch sludge line, which cannot handle full sludge volumes during peak operations and has a history of pump reliability issues when operated continuously. The city’s recent operational challenges are consistent with issues documented in the 2024 Met- ropolitan Water Reclamation District (MWRD) Kirie–Egan Solids Force Main Assessment, which was reviewed by staff as a reference for how similar sludge and solids conveyance systems have been impacted at other treatment facilities. That assessment identified severe internal diameter restrictions, accumulated deposits, air pockets, and areas of metal loss within an aging solids force main and demonstrated how these internal conditions can significantly reduce hydraulic capacity, increase operational risk and lead to unplanned outages or failures when left unde- tected. Reviewing this study provided valuable insight into the potential consequences of de- ferred inspection and highlights the importance of proactively evaluating the internal condition of critical sludge conveyance infrastructure before more severe operational impacts occur. Given the operational importance of the fourteen-inch sludge line and the recent issues experi- enced at Riverside, staff recommend a proactive inspection to better understand the internal condition of the pipe and to guide future maintenance, cleaning or rehabilitation decisions before more severe failures occur. OPERATIONAL ANALYSIS RJN Group, Inc. proposes to perform an internal screening-level assessment of the city’s four- teen-inch sludge line using INGU free-floating Pipers technology. Pipers are non-intrusive inspec- tion devices that travel with the flow inside pressurized pipelines and collect multiple data streams without requiring the line to be taken out of service. This approach allows the city to evaluate the internal condition of the sludge line while maintaining normal treatment plant op- erations. Currently RJN Group is the only provider of INGU Piper services in the State of Illinois. The inspection will provide critical information regarding the presence of internal diameter re- strictions caused by lime sludge buildup or deposits, the existence of air pockets or areas of in- complete flow, and pressure and hydraulic grade line conditions that indicate capacity loss or increased friction within the line. Acoustic data collected during the inspection can identify po- tential leaks or abnormal flow conditions, while magnetic data can help identify areas of potential metal loss or structural concern where applicable. This inspection methodology has been suc- cessfully used by MWRD, FWRD and other utilities to assess critical solids and sludge force mains that are difficult, costly, or impractical to inspect using traditional methods. The results will be documented and mapped, providing city staff with clear, actionable information to support fu- ture cleaning efforts, rehabilitation planning, and capital improvement decisions. Conducting this inspection supports a proactive and data-driven approach to asset management for critical treatment plant infrastructure. Understanding the internal condition of the fourteen- 2 inch sludge line will reduce the risk of unplanned blockages or failures, improve overall opera- tional reliability at the Leo Nelson Riverside Water Treatment Facility, and help avoid emergency shutdowns or treatment disruptions. The information obtained will allow the city to plan targeted maintenance or rehabilitation efforts rather than relying on reactive repairs, ultimately extending the useful life of the sludge conveyance system. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The total cost for the proposed inspection and reporting services is $98,200. This cost includes planning, field deployment, data analysis, mapping, and a final report with recommendations. When compared to the cost of emergency repairs, treatment disruptions, or premature pipeline replacement, this assessment represents a cost-effective investment in preventive maintenance and long-term infrastructure sustainability. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE 2025 Bond 325-4000-795.30-99 325003 $98,200 $98,200 LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance, requiring approval by two-thirds of the city council. ALTERNATIVES The city council may choose to reject this proposal. However, staff strongly recommends award- ing this contract at this time. The fourteen-inch sludge line is a critical component of the Riverside Water Treatment Facility, and recent operational issues have demonstrated that its condition is directly impacting treatment efficiency, system reliability, and operational flexibility. Without a formal internal condition assessment, underlying issues such as internal buildup, restrictions, air pockets, or deterioration will remain unknown and could continue to worsen. Delaying this in- spection increases the risk of unplanned blockages, extended outages, emergency repairs, and potential treatment disruptions, all of which would result in significantly higher costs and opera- tional impacts in the future. Proactively assessing the condition of the sludge line now allows the city to make informed, targeted decisions and avoid reactive, high-risk responses. 3 If the proposal is rejected, staff will require direction from the city council regarding whether and when to pursue a future inspection or alternative evaluation approach for the fourteen-inch sludge line. NEXT STEPS 1. Execute contract documents. 2. Issue notice to proceed. Originators: Justin Netzer, Assistant Water Director Nora Bertram, Water Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Engineering Services Agreement with RJN Group, Inc. 4  AGREEMENT THIS 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 RJN Group, Inc., an Illinois corporation (hereinafter referred to as “ENGINEER”). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with the Riverside WTP Lime Sludge Main Condition Assessment (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 Water Director of the CITY, herein after referred to as the “DIRECTOR”. B. The scope of services is for an internal inspection of the 14”, 24,535 linear feet long lime sludge line that starts at the Riverside Water Treatment Plant and discharges at a lagoon south of the Highlands of Elgin Golf Course. 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. 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 a lump sum of $98,200 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. B. 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. Task Fee Preparatory Work, Data Review, & Planning $10,600 Field Reconnaissance Visit & Equipment $24,500 Preparation Structure Inspections $1,900 Internal Inspections $35,200 Data Evaluation and Technical Memorandum $20,900 Project Management & Meetings $5,100 TOTAL $98,200 -2- 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. 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 -3- 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: 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. -4-  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 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, -5- 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 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 -6- 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; 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. -7- 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: ________________________ Michael N. Young, P.E. ________________________ Senior Vice President City of Elgin RJN Group, Inc. 150 Dexter Court 2655 Warrenville Rd., Ste. 225 Elgin, Illinois 60120-5555 Downers Grove, IL 60515 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 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 -8-  ATTACHMENT A SCOPE OF SERVICES  EXHIBIT A SCOPE OF SERVICES RJN is proposing the following scope of services for the lime sludge transmission main condition assessment: 1. Preparatory Work & Data Review a. Conduct a kickoff meeting with the City to discuss the project. b. Discuss lift station history, operation, and maintenance. c. Gather and review all available data from the City regarding the lime sludge main, including GIS maps and databases, design and/or record drawings, maintenance, modification/rehabilitation, and repair records, past inspection data, lift station operational data, and any other related data. i. Dye Test Travel Time Calculations ii. Finalize Launch and Retrieval Locations d. Share follow-up questions with the City for discussion during the site visit. e. Prepare for a field planning visit. f. INGU Data Preparation i. Kickoff Meeting – RJN and INGU ii. INGU Deliverables 1. KMZ File of Force Main Paths a. Mapping grade locates 2. Excel Elevation Profile(s) 3. Questionnaire(s) 2. Field Planning Visit a. Meet with City staff on-site for site visit inspections. During visit, discuss any questions that arose during the data review process. b. Launch and retrieval location assessment: i. Perform general lift station assessment (launch location) including verifying data from data review and accessing sludge main access for internal inspections. ii. Observe pump operations to estimate travel time. iii. Discuss and confirm the need for supplemental water to support continuous lift station pumping during testing. If required, identify potential sources—such as nearby fire hydrants or bodies of water—and coordinate with the City for approval iv. Inspect sludge main outlet (retrieval location). Determine methodology for catching Pipers. c. Provide access to collected data on Clarity®, RJN’s online data management hub. d. Discuss results of preliminary assessment with the City. Confirm that internal inspection of the sludge main is feasible. ■■ Lime Sludge Main Condition Assessment, City of Elgin | Page 4  3. Internal Inspection a. Contract with INGU on the rental of Pipers multi-sensors. b. Provide equipment and personnel as necessary to perform internal inspection of the sludge main and retrieval of the inspection tools. Customize catching devices as necessary for sludge main discharge point. c. Work with the City to assist in the launching, the operation of the lift station and the retrieval at the lagoons. i. Perform two Piper deployments for the force main. 4. Data Evaluation and Technical Memorandum (TM) a. Review and analyze inspection results and recommendations. i. Pipers’ technology includes the following results: 1. Acoustic leak detection 2. Air and gas pocket detection 3. High resolution pressure sensing 4. Deposit, debris, and blockage locating b. Include a summary of the work completed and results of the internal screening. c. Prepare a GIS map of the sludge main system, including findings from the site inspections, document review, and internal screening. d. Provide recommendations for further inspections, rehabilitation/repair, and/or maintenance of the sludge main. e. Provide high-level budgetary estimates and recommended implementation timeline based on urgency. f. Technical Memorandum (TM) Submittal: i. Provide a digital draft of TM, ii. Revise draft based on City comments and submit a digital and two hard copies (if desired) of final TM. iii. Provide digital copies of all data, results, and photographs from inspections. iv. Upload final report to Clarity and submit a digital and two hard copies (if desired). 5. Project Management a. Provide project management services including invoicing, scope, schedule, and fee tracking, and closeout services. b. Provide updates as needed to City staff through the duration of the project. c. Meet with City staff as necessary to discuss progress of the project. Items Requested from the City 1. Updated GIS geodatabases and/or shape files for the water transmission main system including all information related to ARVs, known bends, and other significant structures located along the sludge line: 2. Lift station assessment data will be provided by City staff. ■■ Lime Sludge Main Condition Assessment, City of Elgin | Page 5 3. Inspection records for ARVs, blowoff valves and other significant structures located along the sludge line. 4. Copies of available plan sets, specifications, record/as-built drawings, hydraulic profiles, pump records, or other documents related to the lift stations and force mains. 5. Access to any structures for inspection. Assistance locating and opening seized/buried manholes and valve vaults/boxes as required. 6. If necessary, vacuum out structures that are inundated with infiltration. 7. We request the City operate lift station and valves during Pipers launch and assist by opening launch locations and inserting Pipers. 8. Provide supplemental water for continuous pumping of the lift station during the tests, if necessary. 9. Assistance with traffic control in high traffic areas, as necessary. ■■ Lime Sludge Main Condition Assessment, City of Elgin | Page 6  ATTACHMENT B PROJECT SCHEDULE  EXHIBIT C PROPOSED SCHEDULE RJN is prepared to start work immediately upon an Agreement. Task Timeline Will be completed following the kickoff meetings with Field Reconnaissance Visit the City and INGU. To be completed within 2 months of NTP. To be completed within one month of a successful Internal Inspections field reconnaissance visit. To be completed within 3 months of successful Technical Memorandum Internal Inspections. ■■ Lime Sludge Main Condition Assessment, City of Elgin | Page 8 AGENDA ITEM: L MEETING DATE: March 11, 2026 ITEM: 1425-1435 Summit Street—Acceptance of Public Improvements and Easement ($1,804 Estimated Five-Year Maintenance Cost) OBJECTIVE: Fulfill the city’s obligation to maintain reliable infrastructure for serving businesses and residents. RECOMMENDATION: Approve the acceptance of the public improvements and related easement for ownership and maintenance within the site located at 1425-1435 Summit Street. The development at 1425-1435 Summit Street was required to construct a watermain and side- walk for the property and to provide a stormwater management easement over constructed stormwater infrastructure. The proposed easement allows the city to enter onto private property to operate, maintain, and repair the infrastructure. The public improvements being accepted in- clude watermain, including valves and vaults, two fire hydrants and sidewalk. BACKGROUND Manhard Consulting provided engineering plans for the development located at 1425-1435 Sum- mit Street, which were reviewed and approved by the engineering department in 2023. The de- velopment is south of Summit Street (Illinois Route 58) and east of Shales Parkway. A location map is provided as Attachment A. Certain single lot developments, including the subject site, are required to extend public utilities onto private property and are required to provide an easement over these utilities. The public improvements extended with the development at 1425-1435 Summit Street include the water- main, sidewalk and its respective appurtenances. As part of the process and to fulfill the requirements of the Kane County Stormwater Ordinance, the project was required to grant a stormwater management easement over the detention area. This easement gives the city the right to maintain the facility should it be needed. The proposed easements allow the city access to the private property to maintain the public infrastructure and prevent private improvements from interfering with the operation of the pub- lic utilities. It is advantageous for the city to accept these easements to maintain control over public utilities. Marklund requested that the city accept the public improvements constructed within the site for ownership and maintenance. The engineering department provided field inspection throughout the construction process of the public and quasi-public improvements. To process acceptance of public and quasi-public improvements by the city council, the engineering department, with as- sistance from public works, developed a final punch list of items to be addressed. After final in- spection, it was determined that all items were properly addressed and therefore considered acceptable. OPERATIONAL ANALYSIS Acceptance of the public improvements will add the following city-maintained facilities: 391 lin- eal feet of eight-inch watermain; two valves in four-foot vaults; two fire hydrants; 585 lineal feet of sidewalk; and all their respective appurtenances. Acceptance of an easement will avoid delays on performing vital work to ensure the city’s infra- structure works properly. During maintenance activities, reconstruction projects or during emer- gency situations, city personnel have access to utilities, like watermains, to address any related issues. If these utilities are located on private property, special permission to enter onto the prop- erty would be necessary, delaying the city’s response to address service interruptions. In addi- tion, not having an easement opens the city to legal issues for encroaching onto private property. The city’s acceptance of the public improvements and related easements (Attachment B) will ensure proper general maintenance, providing residents and visitors with reliable infrastructure for business and leisure activities. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There are no direct immediate costs associated with acceptance of this easement. Maintenance and operating costs associated with the watermain and its appurtenances within the easement will increase over time and will be included as part of the annual budgeting process. There is no direct cost associated with this acceptance, however, the estimated five-year maintenance cost is $1,804. 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A LEGAL IMPACT None. ALTERNATIVES None. The City must have an easement to enter onto private property. NEXT STEPS 1. Approve a resolution accepting the plat of easement and the public improvements. 2. Record the plat of easement at the Cook County Recorder’s Office. 3. Provide a copy of the recorded document to the site owner. 4. Secure a twelve-month surety in the amount of ten percent of the cost for the accepted improvements to ensure them against defects caused by faulty workmanship or inferior materials. 5. If no defects are found within twelve months after city council’s acceptance of the public improvements, return the twelve-month surety to the developer. Originators: Amanda Olsen, CFM, Engineer II Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Location Map B. Plat of Easement 3  Countryfield Ln IL 58 Summit St 1435 SUMMIT ST M a ck Shales Pkwy en zie Ln 1425 SUMMIT ST r Ln Ginge ATTACHMENT A 1425-1435 Summit St 0 ¯ 100 200 Feet Prepared by City of Elgin 400 ITS Department GIS Division, February 2026 Attachment B Attachment B AGENDA ITEM: M MEETING DATE: March 11, 2026 ITEM: Sports Complex Expansion—Construction Materials Testing and Inspection Services, Amendment No. 1 ($49,944) OBJECTIVE: Continue providing required construction materials testing and inspection services for the Sports Complex expansion. RECOMMENDATION: Approve Amendment No. 1 to the contract for Rubino Engineering, Inc., to provide construction materials testing and inspection services for the Sports Complex expansion. The Elgin Sports Complex is a 407-acre facility located south of U.S. Route 20 just east of McLean Boulevard. It is currently home to several sports activities including golf, soccer, softball, volleyball and BMX racing. The most recent addition of land to the complex comprises 87 additional acres on the far east end of the property located at Illinois Route 31 and U.S. Route 20. This is the prop- erty that was previously owned by the state of Illinois and was part of the campus of the Elgin Mental Health Center. A conceptual plan for the 87 acres at the far east end of the property was developed in 2017 envisioning multi-purpose fields that can be configured for a variety of uses. A contract was awarded in June 2024 to the George Sollitt Construction Company for the development of this property. Construction material testing and inspection is required for the construction of the Sports Complex expansion. These services include earthwork testing; inspection of footing subgrade; concrete testing of footings and floor slab; masonry testing; bituminous paving and exterior concrete; bolting observations. When this contract was initially issued, the amount of testing necessary based on the plans was estimated. This estimate was for the initial round of testing but did not include re-testing or possible extended testing and was intended to be preliminary. Since the initial construction work, more testing has been required to ensure proper construction and stability standards have been met. The project is now in its final stages, with an anticipated completion date of June of this year. BACKGROUND A conceptual plan was developed in 2017 for the 87 acres adjacent to the Elgin Sports Complex on the east. This is the property previously used by the Elgin Mental Health Center. This concept plan envisioned multi-purpose fields that can be configured for a variety of uses. The plan in- cludes many additional amenities including an indoor sports facility. An extremely beneficial component to this completed project will be access to the Sports Com- plex from either the existing McLean Blvd entrance or the roadway that will now access the prop- erty from Illinois Route 31. Having two points of ingress and egress for the Sports Complex has been a desire of Complex users for many years and will come to fruition with this project. This will also provide users with convenient access to the city’s downtown, serving as an amenity for tourists visiting the Sports Complex for tournaments. The current development of three synthetic turf fields (shown below) will not only fulfill the com- munity demand for soccer and other programming but will also bring the city closer to its vision for the best use of these 87 acres. Lighting will be installed to maximize the use of the fields and fencing will enable controlled programming of the space. Much work has been completed on this site during the past two years to reach the point of con- struction. This site has been vacant for many years with no utilities or infrastructure on the prop- erty. A huge obstacle in this process has been working with the Illinois Environmental Protection Agency (IEPA) to achieve a residential standard for this land, which is needed for recreational purposes. That work included the preparation of a comprehensive site investigation report; re- medial objectives report; remedial action plan; remedial action completion report; preparation of a wetland delineation report; and the U.S. Army Corps of Engineers jurisdictional determina- tion. Another very large obstacle has been the issue of no infrastructure on site to address storm- water management. A lengthy process ensued of working with the consultant and the Illinois Department of Human Services to develop a plan to move stormwater offsite. 2 OPERATIONAL ANALYSIS A contract was awarded to the George Sollitt Construction Company in June 2024 for the expan- sion of the Sports Complex. A firm that will be responsible for construction material testing and inspection was required as an additional, separate professional service for the construction of the Sports Complex expan- sion. These services included earthwork testing; inspection of footing subgrade; concrete testing of footings and floor slab; masonry testing; bituminous paving and exterior concrete; bolting ob- servations. When this contract was initially proposed, the scope of required testing was estimated based on the project plans. That estimate included the initial round of testing for various items but did not account for potential re-testing or extended testing that might be required in certain situations. As a result, the original figure was intended as a preliminary estimate. Additional and repeated testing has since been necessary in specific portions of the work to ensure that all construction and stability standards are fully met. Staff are recommending that the contract entered into with Rubino Engineering, Inc., be in- creased to continue testing. Rubino is a highly reputable Elgin-based firm that previously con- ducted work for the city with a proven track record. 3 INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There is sufficient funding available to cover the cost of this amendment. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Capital 385-0000-795.92-32 389503 $49,944 $49,944 Improvement LEGAL IMPACT The proposed amendment agreement requires an exception to the procurement ordinance, which requires the approval of two-thirds of the city council. ALTERNATIVES The city council may choose not to approve the amendment with Rubino Engineering, Inc. and provide additional direction to staff. NEXT STEPS Execute the amendment agreement with Rubino Engineering, Inc. Originators: Greg Hulke, Parks and Facilities Superintendent Jen Hermonson, Parks and Recreation Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Statement No. 1044 from Rubino Engineering, Inc. 4 Rubino Engineering, Inc. 425 Shepard Dr Elgin, IL 60123 US 8479311555 accounting@rubinoeng.com Statement TO STATEMENT NO. 1044 City of Elgin DATE 01/15/2026 150 Dexter Ct TOTAL DUE $49,943.50 Elgin, IL 60120 ENCLOSED DATE DESCRIPTION AMOUNT OPEN AMOUNT 09/05/2025 Invoice #10970REV: Due 18,129.00 18,129.00 10/11/2025. 09/30/2025 Invoice #11210: Due 11/30/2025. 10,612.50 10,612.50 11/01/2025 Invoice #11299: Due 12/17/2025. 17,757.50 17,757.50 11/16/2025 Invoice #11334: Due 12/25/2025. 2,492.00 2,492.00 12/31/2025 Invoice #11442: Due 02/12/2026. 952.50 952.50 Current 1-30 Days 31-60 Days 61-90 Days 90+ Days Amount Due Past Due Past Due Past Due Past Due Due 952.50 20,249.50 10,612.50 0.00 18,129.00 $49,943.50 AGENDA ITEM: N MEETING DATE: March 11, 2026 ITEM: Elgin Sports Complex Soccer Fields 7 and 8 Improvements—Design and Engineering Services Agreement with Upland Design, Ltd. ($36,228) OBJECTIVE: Complete the final landscape architectural and engineering design elements and prepare con- struction documents for soccer field 8 and provide bid assistance and construction management for the renovation of both soccer fields 7 and 8 at the Elgin Sports Complex. RECOMMENDATION: Enter into a professional services agreement with Upland Design, Ltd. to provide landscape ar- chitectural and engineering design services, bidding assistance, and construction management for improvements to soccer fields 7 and 8 at the Elgin Sports Complex. The Elgin Sports Complex is home to a variety of sports facilities supporting golf, soccer, softball, volleyball and BMX racing. While the ongoing expansion project includes the development of three new artificial turf multipurpose fields, a playground and supportive buildings, there are also ten existing grass soccer fields that require refurbishment from wear and tear and aging irrigation infrastructure. To address these needs, Elgin partnered with Upland Design, Ltd. in 2025 to develop plans and construction drawings for the renovation of soccer field 7. Parks staff is continuing to work with Upland Design to develop renovation plans for soccer field 8 and will be using Upland Design for the simultaneous bidding and construction of the proposed improvements for soccer fields 7 and 8. The proposed agreement outlines Upland Design’s role in providing comprehensive design ser- vices for this project. These services include landscape architectural and engineering design draw- ings for soccer field 8, as assistance with the bidding process and construction management for both soccer fields 7 and 8. The goal is to complete the renovation of both soccer fields by the end of 2026. BACKGROUND The Elgin Sports Complex is home to a variety of sports facilities including ten grass soccer fields that require refurbishment from wear and tear and an aging irrigation infrastructure. The renovation of soccer fields 7 and 8 comports with the strategic plans for the city to pro- vide livable neighborhoods and an inclusive community. Parks staff in 2025 worked with Up- land Design to prepare design drawings for the renovation of soccer field 7. With the ap- proval of this proposal, Upland Design will develop additional design drawings for the reno- vation of soccer field 8 and additionally provide bidding and construction administrative ser- vices for both soccer fields 7 and 8 during their simultaneous construction. OPERATIONAL ANALYSIS Renovating the existing soccer fields at the Elgin Sports Complex aligns with the city's strategic goals of fostering livable neighborhoods and creating an inclusive community. Upland Design will initiate the project by preparing the necessary drawings and specifications for the construction of the proposed improvements. The proposal also includes site engineering, irrigation design, bid assistance and construction management to ensure the project’s successful completion. Staff recommend approving the proposal so that bidding for the construction phase can take place after completion of the last soccer tournament in August, with the aim of completing the project by the end of the year. 2 FINANCIAL ANALYSIS The proposed agreement includes landscape architectural and engineering design services in the amount of $36,228. The construction phase of this project will be publicly bid following the com- pletion of construction drawings and will be presented to the city council in 2026. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Recreation 296-5071-766.30-99 296133 $488,700 $488,700 Route 20 TIF 263-0000-791.92-32 296133 $577,390 $577,390 LEGAL IMPACT The proposed agreement requires an exception to the procurement ordinance, requiring ap- proval by two-thirds of the members of the city council. ALTERNATIVES The city council may choose to reject the agreement with Upland Design, Ltd. Depending on the city council’s direction, staff will then pursue a revised agreement with Upland Design, Ltd. or pursue an agreement with another architecture or engineering firm for consideration by the city council. NEXT STEPS 1. Execute the agreement with Upland Design, Ltd. 2. Issue directive to Upland Design, Ltd. to begin work. Originators: John Whalen, Parks Planner Greg Hulke, Parks and Facilities Superintendent Jen Hermonson, Parks and Recreation 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 Upland Design, Ltd. 3  AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _________, 2026, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and Upland Design, Ltd., an Illinois corporation (hereinafter referred to as “LANDSCAPE ARCHITECT”). WHEREAS, the CITY desires to engage the LANDSCAPE ARCHITECT to furnish certain professional services in connection with landscape improvements at soccer fields #7 and #8 at the Elgin Sports Complex (hereinafter referred to as the “PROJECTS”); and WHEREAS, the LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT that the CITY does hereby retain the LANDSCAPE ARCHITECT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to 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 Parks Planner of the CITY, herein after referred to as the “PLANNER”. B. The scope of work shall include design development to prepare final design and construction documents for the City’s preferred design alternative. LANDSCAPE ARCHITECT’s services to be performed will include architectural design, and construction bidding coordination. C. A detailed Scope of Services is attached hereto as Attachment A. 2. PROGRESS REPORTS A. An outline project milestone schedule and project schedule for the PROJECT is included as Attachment B, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in 2.B below. B. The LANDSCAPE ARCHITECT will submit to the PLANNER monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the LANDSCAPE ARCHITECT 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 PLANNER; provided, however, that the LANDSCAPE ARCHITECT may retain copies of such work product for its records. LANDSCAPE ARCHITECT’s execution of this Agreement shall constitute LANDSCAPE ARCHITECT’s conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the LANDSCAPE ARCHITECT to the CITY of all such work product prepared by the LANDSCAPE ARCHITECT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants 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 LANDSCAPE ARCHITECT. 4. PAYMENTS TO THE CONSULTANT (Lump Sum Method) A. The City shall reimburse the LANDSCAPE ARCHITECT for services under this Agreement a lump sum of Thirty-Six Thousand, Two-Hundred and Twenty- Eight dollars ($36,228.00), regardless of the actual costs incurred by the LANDSCAPE ARCHITECT unless substantial modifications to the scope of the work are authorized in writing by the PLANNER, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subcontractors, the CITY shall pay the LANDSCAPE ARCHITECT the invoiced fee to the LANDSCAPE ARCHITECT. The costs for any such outside services are included within the total lump sum amount provided for in paragraph 4.A above. C. Reimbursable expenses shall include postage, printing of drawings, and mileage reimbursement. The costs of any such reimbursable expenses are not included within the total lump sum amount provided for in paragraph 4.A above and shall be invoiced separately by the LANDSCAPE ARCHITECT at LANDSCAPE ARCHITECT’s direct cost. Mileage reimbursement will be at current IRS rates. The total costs of any such reimbursable expenses shall not exceed the total amount of $1000.00, regardless of the actual costs incurred by the LANDSCAPE ARCHITECT. D. The CITY shall make periodic payments to the LANDSCAPE ARCHITECT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the LANDSCAPE ARCHITECT 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 PLANNER. -2-  DATE PROJECT COMPONENT FEE March 2026 Topographic Survey $3,000.00 March - November 2026 Landscape Architecture Work $33,228.00 5. INVOICES A. The LANDSCAPE ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports (2.B above) will be included with all payment requests. B. The LANDSCAPE ARCHITECT shall maintain records showing actual time devoted and cost incurred. The LANDSCAPE ARCHITECT shall permit the authorized representative of the CITY to inspect and audit all data and records of the LANDSCAPE ARCHITECT for work done under this Agreement. The LANDSCAPE ARCHITECT shall make these records available at reasonable times during the Agreement period and for one (1) 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 LANDSCAPE ARCHITECT. In the event that this Agreement is so terminated, the LANDSCAPE ARCHITECT 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 paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the LANDSCAPE ARCHITECT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the LANDSCAPE ARCHITECT’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 this Agreement. 8. NOTICE OF CLAIM If the LANDSCAPE ARCHITECT wishes to make a claim for additional compensation as a result of action taken by the CITY, the LANDSCAPE ARCHITECT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the LANDSCAPE ARCHITECT’s fee shall be valid only to the extent that such changes are included in -3-  writing signed by the CITY and the LANDSCAPE ARCHITECT. Regardless of the decision of the PLANNER relative to a claim submitted by the LANDSCAPE ARCHITECT, all work required under this Agreement as determined by the PLANNER shall proceed without interruption. 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 LANDSCAPE ARCHITECT pursuant to Paragraph 4 hereof, no action shall be commenced by the LANDSCAPE ARCHITECT against the CITY for monetary damages. LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT 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 paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION The LANDSCAPE ARCHITECT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CITY, its past, present and future Commissioners, officials, department heads, and employees, (hereinafter collectively referred to as “Indemnitees”) from and against all liability, judgments, or other liabilities including costs, reasonable fees and expenses of defense recoverable under applicable law incurred by Indemnitees to a third party arising from any loss, damage, injury, death, or loss or damage to property, of whatsoever kind or nature to such third party, to the extent caused by LANDSCAPE ARCHITECT’s negligent acts, errors or omissions in the performance of the services under this Agreement and those of its agents, employees or consultants. In the event of joint or concurrent negligence, LANDSCAPE ARCHITECT shall bear only that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of the third parties and Indemnitees) which caused the personal injury or damage. Nothing stated herein shall be deemed to require the LANDSCAPE ARCHITECT to indemnify or hold harmless any Indemnitee for its own negligence or fault. Indemnitees do not waive their defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/1 et seq.) by reason of this indemnification provision. Indemnification shall survive the termination of this Agreement. -4- 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 LANDSCAPE ARCHITECT shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: 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 LANDSCAPE ARCHITECT shall deliver to the PLANNER a Certificate 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 PLANNER. The Certificate of Insurance shall include the contractual obligation assumed by the LANDSCAPE ARCHITECT under Paragraph 10 entitled “Indemnification”. This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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 LANDSCAPE ARCHITECT shall carry LANDSCAPE ARCHITECT’s 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 claim. A Certificate of Insurance shall be submitted to the PLANNER as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the PLANNER. -5- 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. LANDSCAPE ARCHITECT 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. LANDSCAPE ARCHITECT shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the LANDSCAPE ARCHITECT would have been obligated if it -6-  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 agree that, if any paragraph, sub-paragraph, 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 The headings of the several paragraphs 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 constitute 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 LANDSCAPE ARCHITECT may not issue any news releases without prior approval from the PLANNER, nor will the LANDSCAPE ARCHITECT make public proposals developed under this Agreement without prior written approval from the PLANNER prior to said documentation becoming matters of public record. -7- 23. COOPERATION WITH OTHER CONSULTANTS The LANDSCAPE ARCHITECT shall cooperate with any other consultants in the CITY’s employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT 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; 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 LANDSCAPE ARCHITECT to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, LANDSCAPE ARCHITECT 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 City’s Assistant City Manager prior to the entry into and execution of this agreement. -8- 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the LANDSCAPE ARCHITECT to the PLANNER and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The PLANNER may also require other recommendations and communications by the LANDSCAPE ARCHITECT 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 the CITY: John Whalen Parks Planner City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Upland Design Ltd. 24042 Lockport St., Suite 200 Plainfield, IL 60544 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 LANDSCAPE ARCHITECT shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, LANDSCAPE ARCHITECT hereby certifies, represents and warrants to the CITY that all LANDSCAPE ARCHITECT’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. LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT to determine LANDSCAPE ARCHITECT’s compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the LANDSCAPE ARCHITECT shall make available to the CITY the LANDSCAPE ARCHITECT’s -9-  relevant records at no cost to the CITY. LANDSCAPE ARCHITECT 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, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. CITY OF ELGIN: By: Richard G. Kozal, City Manager Attest: City Clerk LANDSCAPE ARCHITECT: By: Name/Print: Title: - 10 -  ATTACHMENT A SCOPE OF SERVICES Project Overview: The Elgin Sports Complex at 709 Sports Way Elgin, Illinois, soccer field # 8, needs renovation with site grading to improve drainage; establishment of new natural sports turf; and adjustments to the irrigation system for field improvements. Additionally, field 7 needs to be rebid and the City would also like to add Construction Administration services for both fields. Survey: A site survey will be completed by an Illinois registered land surveyor (JLH Land Surveying). This will be used as a base for planning. Existing irrigation heads and valves will be noted on the survey where visible. Buried drain and electric lines will be included only where City staff mark the ground in advance of the survey field work. Design Development Kick-off Meeting & Preliminary Layout: A kick-off meeting will be held with City Staff and Upland Design. (1 Meeting – In-Person). The agenda will include:  Field layout as determined by the City  Existing Conditions: Are there any known problems with soil type, fertilization levels, or drainage?  Minimum and maximum slopes for surface drainage on natural lawn as well as slopes for recreation vs.  competition/tournament field play  Confirm that ‘wide-cut’ sod will be specified rather than regular or ‘thick-cut’ sod.  Schedule: Windows for construction, overall deadline  Construction budget and contingency amount (if any)  Contractor will now transport the spoils away from the site.  Construction access and staging location The design team will then prepare preliminary layout based on the meeting. The plans will include detailed layout of the field. A cost estimate will be prepared. A virtual meeting will be held with the City team to review plans and the updated costs. (2 Meetings - Virtual) Irrigation Design: Hines Inc staff will utilize information gathered during previous phases of existing conditions and will be available for the kickoff meeting to discuss current needs and any new needs. Construction Documents Based on the approved design development plans, the Upland Design team will prepare a set of construction plans, specifications and bid proposal for public bidding. Construction documents will address the following:  Existing Conditions and Removal  Layout  Grading, and Drainage  Soil Erosion Control  Landscape Restoration  Construction Details  General and Technical Specifications  Bid Proposal Form  Irrigation Plans The specifications will cover each area of construction. A review meeting at 50% and 95% complete construction documents will take place with City staff. An updated estimate of construction costs will be updated for each review meeting. Comments from the meetings will be incorporated into the documents. (2 Meetings) Irrigation: Site irrigation water balance will be developed to estimate future annual water usage. Water use information will detail the following:  Irrigation controller location, electrical power source location and water tap information (available pressure, meter requirements, etc.) will be documented.  Design will comply with applicable City or local equipment specification and design standards.  Detailed irrigation design will include; sprinkler layout, mainline and lateral pipe routing and sizing, remote-control valve locations, and diagrammatic routing of laterals.  Irrigation details  Irrigation specifications Permits: Permitting is not expected for this project. The city to confirm if permits will be required to submit to community development. Bidding Both fields 7 & 8 will be bid together. Field 7 plans will be repackaged to combine with 8 and be submitted to City of Elgin as one package for bid. The bid documents will be distributed through the city digitally for distribution from the city website. Upland Design will contact contractors with an invitation to bid. The City will place the legal ad in a local paper and perform any other procedure as required by local purchasing policies and IDNR Grant requirements. Upland Design will be available to answer questions during bidding. A letter summarizing bidding will be written and if necessary, references will be contacted. Construction Contracts: The City will be responsible for contract preparation for bid winner. Construction Administration Upon award of a contract, Upland Design staff will assist with the construction administration phase for each field, 7 & 8, including:  Pre-construction virtual conference call with contractor to answer questions and provide clarification as required.  Review and assist with contractor field orders, change orders and clarifications  Five (5) Construction Observation Site Visits anticipated to be completed for both fields at the same time by Upland Design  Two (2) Construction Observation visits from Hines to review work and prepare a punch list.  Contractor submittals and pay applications will be reviewed by Upland Design Ltd prior to forwarding to the City.  At project completion, a walk through with City staff to develop a punch list will be completed. Review and comment on contractor provided closeout documents including warranties, manuals, and as-built drawings  Certified Payroll will not be reviewed or retained by Upland Design Ltd. Upland Design shall have the authority to act on behalf of the Owner only to the extent provided in this Agreement. Upland Design shall not have control over, charge of, or responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction work, nor shall Upland Design be responsible for the Contractor's failure to perform the construction work in accordance with the requirements of the Contract Documents. Professional Service Fees In accordance with the services described above, the following lump-sum fee would be paid to Upland Design Ltd. and sub consultants JLH Land Surveying and Hines Inc. Topographic Survey: $ 3,000.00 Kick-off & Preliminary Design: $ 3,082.00 Construction Plans, Specs: $ 8,542.00 Irrigation: $ 8,700.00 Bidding: $ 1,440.00 Construction Administration: $ 6,464.00 Professional Service Fee: $ 31,228.00 Allowance: $ 5,000.00 Total: $ 36,228.00 The work listed herein is not to exceed lump sum cost for the services described. Any additional services which are requested shall be at the hourly rates listed in the professional services agreement. Reimbursable Expenses: Items beyond the professional fees will include postage, printing of drawings along with mileage reimbursement. These will be invoiced to the City at Upland Design’s direct cost without mark-up. Mileage reimbursement will be at current IRS rates. Permit fees will be paid by the City. Exclusions: Owner will perform soil tests and determine required soil amenities (if any).  ATTACHMENT B PROJECT SCHEDULE Description Start Date Estimated Completion Date Topographic Survey March 2026 March 2026 Design Development March 2026 April 2026 Construction Documents April 2026 May 2026 & Permitting Bidding May 2026 June 2026 Construction August 2026 November 2026 AGENDA ITEM: O MEETING DATE: March 11, 2026 ITEM: Wing Park Master Plan and Inclusive Playground Design—Amendment to Engineering Services Agreement with Upland Design, Ltd. ($675,184) OBJECTIVE: Complete the final architectural and engineering design elements, prepare construction docu- ments, submit permitting documents and provide bid assistance and construction management for all additional scope items included as part of the proposed improvements at Wing Park. RECOMMENDATION: Amend the existing professional services agreement with Upland Design, Ltd. for additional ar- chitectural and engineering design services, permitting, bid assistance and construction manage- ment in the amount of $675,184. Wing Park is one of four regional parks in Elgin. The playground is approximately 25 years old and has seen many different equipment additions and alterations since its initial installation. This has led to a playground that is mismatched and well beyond its useful lifespan of 15 years. Many other amenities within the park, including pathways, benches and even the seating at the bandshell have aged beyond their useful life and require refurbishment to become compliant with ADA (Americans with Disabilities Act) standards. The parks and recreation staff in 2024 began working with Upland Design, the parks and recrea- tion advisory board and residents to create a park master plan and inclusive playground design as part of an application for an Illinois Open Space Lands Acquisition and Development Grant (OSLAD). The city was awarded an OSLAD grant in the amount of $600,000 towards improve- ments at Wing Park in December 2024. The grant has a two-year implementation period starting in 2025. The initial agreement with Upland Design was approved in March 2025 and includes architectural and engineering design services, additional public outreach, permitting, bid assis- tance and construction management. City council approved additional funds in late 2025 to cover newly identified scope items, based on resident feedback from the public outreach meetings. The amended agreement being presented to council tonight encompasses all additional fees neces- sary for Upland to oversee both the original and updated scope of this project to its completion. BACKGROUND Wing Park is located on the city’s west side at 1020 Wing Street and is one of four large regional parks in Elgin. Despite being an important part of Elgin’s history and providing amenities for the city for more than one hundred years, several pieces of Wing Park are in dilapidated state and in need of repair. In particular, the playground equipment is nearly 25 years old and has thus ex- ceeded the National Recreation and Parks Association’s recommended lifespan of 15 years by a significant margin. In addition to an aging playground with mismatched structures, other core amenities in the park are lacking and require refurbishment. This includes existing sidewalks which are unevenly paved and disconnected, benches, the bandshell, as well as natural and planted areas. The number of opportunities for improvements within Wing Park including it being the perfect location for a signature inclusive playground led staff to consult with Upland Design, Ltd. to de- velop a master plan for the park and successfully apply for an OSLAD grant through the State of Illinois Department of Natural Resources. The grant award will provide $600,000 towards the construction of the inclusive playground as well as other ADA improvements in the park. The master plan developed as part of the OSLAD grant application provided a general layout for an inclusive playground, additional trails, improvements to existing pathways, bandshell up- grades, as well as new amenities including pickleball, Bankshot, and additional parking. Given this framework, and an initial agreement for design and engineering services with Upland, city staff has continued to work with Upland on updating the proposed master plan, and in 2025, the city approved a budget of $9,355,550 towards the design and construction of Wing Park as part of the 2026 Fiscal Year. This budget reflects additional scope items to the park master plan, and the attached amended proposal agreement with Upland Design will cover this new design work. The proposed impactful renovation of Wing Park falls in line with the strategic plans for the city to provide livable neighborhoods and an inclusive community. With the approval of this proposal, parks and recreation staff will continue to work with Upland Design to further develop the master plan through all phases of design and construction with the goal of breaking ground in fall 2026. Breakdown of Contract Amount Approved Original Contract: $355,740 March 12, 2025 Amended Work Agreement #1 $29,850 June 11, 2025 Amended Work Agreement #2 $675,184 Approval Pending TOTAL NEW AMENDED CONTRACT: $1,060,744 2 3 OPERATIONAL ANALYSIS The National Recreation and Parks Association recommends that playgrounds be replaced ap- proximately every 15 years. Playground safety standards change over time, and what was con- sidered safe and standard in 2000, may be different today. Repairs on the existing playground equipment have been difficult as many of the parts necessary for replacement are no longer be- ing made by the manufacturer and are significantly more costly when available. Given that the playground is 25 years old, replacement is necessary. The renovation of this park falls in line with the strategic plans for the city to provide livable neighborhoods and an inclusive community. With the approval of this proposal, Upland Design will begin working on developing the playground design, as well as the necessary documents for the construction the playground and other amenities in the master plan. This proposal also in- cludes site engineering, permitting, bid assistance, and construction management to see this park to completion. Staff recommend the approval of the proposal to be able to bid on the construc- tion portion of the park in 2026, with the goal of completion in 2027. INTERESTED PERSONS CONTACTED While developing the master plan for the OSLAD grant application, a survey regarding park use was disseminated to the public, and two community meetings were held at the bandshell in Au- gust 2024. The Elgin Parks and Recreation Advisory Board also provided feedback and was given an update regarding the master plan and changes in scope in November 2025. FINANCIAL ANALYSIS The proposed amendment includes architecture and engineering design services in the amount of $675,184. The construction phase of this project will be bid following the completion of design engineering and will be presented to city council in late 2026. The OSLAD grant will provide $600,000 in reimbursement for the inclusive playground and improvements identified in the master plan. Special Recreation Funds are slated to be used for this project, and additional fund- ing has been approved. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE Special Recreation 297-0000-768.30-99 297001 $2,500,000 $2,500,000 Riverboat 275-0000-791.93-90 297001 $2,855,550 $2,855,550 Capital Improvement 385-0000-795.93-90 297001 $4,000,000 $4,000,000 4 LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance, requiring approval by two-thirds of the members of the city council. ALTERNATIVES The city council may choose to reject the agreement with Upland Design, Ltd. Depending on city council’s direction, staff will then pursue a revised agreement with Upland Design, Ltd. or pursue an agreement with another architecture or engineering firm for consideration by the city council. NEXT STEPS 1. Execute the agreement with Upland Design, Ltd. 2. Issue directive to Upland Design, Ltd. to begin work. Originators: John Whalen, Parks Planner Greg Hulke, Parks and Facilities Superintendent Jen Hermonson, Parks and Recreation Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Engineering Services Agreement with Upland Design, Ltd. B. Upland Design Amended Proposal 5  AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _________, 2026, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and Upland Design, Ltd., an Illinois corporation (hereinafter referred to as “LANDSCAPE ARCHITECT”). WHEREAS, the CITY desires to engage the LANDSCAPE ARCHITECT to furnish certain professional services in connection with the renovation of Wing Park (hereinafter referred to as the “PROJECTS”); and WHEREAS, the LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT that the CITY does hereby retain the LANDSCAPE ARCHITECT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to 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 Parks Planner of the CITY, herein after referred to as the “PLANNER”. B. The scope of work shall include design development to prepare final design and construction documents for the City’s preferred design alternative. LANDSCAPE ARCHITECT’s services to be performed will include architectural design, and construction bidding coordination. C. A detailed Scope of Services is attached hereto as Attachments A and B. 2. PROGRESS REPORTS A. An outline project milestone schedule and project schedule for the PROJECT is included as Attachment C, attached hereto. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in 2.B below. B. The LANDSCAPE ARCHITECT will submit to the PLANNER monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCT All work product prepared by the LANDSCAPE ARCHITECT 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 PLANNER; provided, however, that the LANDSCAPE ARCHITECT may retain copies of such work product for its records. LANDSCAPE ARCHITECT’s execution of this Agreement shall constitute LANDSCAPE ARCHITECT’s conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the LANDSCAPE ARCHITECT to the CITY of all such work product prepared by the LANDSCAPE ARCHITECT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants 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 LANDSCAPE ARCHITECT. 4. PAYMENTS TO THE CONSULTANT (Lump Sum Method) A. The City shall reimburse the LANDSCAPE ARCHITECT for services under this Agreement a lump sum of One-Million, Sixty-Thousand and Seven-Hundred and Forty dollars ($1,060,774), regardless of the actual costs incurred by the LANDSCAPE ARCHITECT unless substantial modifications to the scope of the work are authorized in writing by the PLANNER, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or subcontractors, the CITY shall pay the LANDSCAPE ARCHITECT the invoiced fee to the LANDSCAPE ARCHITECT. The costs for any such outside services are included within the total lump sum amount provided for in paragraph 4.A above. C. Reimbursable expenses shall include postage, printing of drawings, and mileage reimbursement. The costs of any such reimbursable expenses are not included within the total lump sum amount provided for in paragraph 4.A above and shall be invoiced separately by the LANDSCAPE ARCHITECT at LANDSCAPE ARCHITECT’s direct cost. Mileage reimbursement will be at current IRS rates. The total costs of any such reimbursable expenses shall not exceed the total amount of $1000.00, regardless of the actual costs incurred by the LANDSCAPE ARCHITECT. D. The CITY shall make periodic payments to the LANDSCAPE ARCHITECT based upon actual progress within thirty (30) days after receipt and approval of invoice. Said periodic payments to the LANDSCAPE ARCHITECT 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 PLANNER. -2-  DATE PROJECT COMPONENT FEE 2025 – 2026 Soil Borings & Survey Work $28,500 39,200 2025 – 2026 Design Development $136,969 117,919 Construction Documents & 2026 – 2027 Permitting $673,444 2026 – 2027 Bidding $13,828 2026 – 2027 Construction Administration $130,383 5. INVOICES A. The LANDSCAPE ARCHITECT shall submit invoices in a format approved by the CITY. Progress reports (2.B above) will be included with all payment requests. B. The LANDSCAPE ARCHITECT shall maintain records showing actual time devoted and cost incurred. The LANDSCAPE ARCHITECT shall permit the authorized representative of the CITY to inspect and audit all data and records of the LANDSCAPE ARCHITECT for work done under this Agreement. The LANDSCAPE ARCHITECT shall make these records available at reasonable times during the Agreement period and for one (1) 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 LANDSCAPE ARCHITECT. In the event that this Agreement is so terminated, the LANDSCAPE ARCHITECT 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 paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the LANDSCAPE ARCHITECT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the LANDSCAPE ARCHITECT’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 this Agreement. -3- 8. NOTICE OF CLAIM If the LANDSCAPE ARCHITECT wishes to make a claim for additional compensation as a result of action taken by the CITY, the LANDSCAPE ARCHITECT shall give written notice of his claim within fifteen (15) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the LANDSCAPE ARCHITECT’s fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the LANDSCAPE ARCHITECT. Regardless of the decision of the PLANNER relative to a claim submitted by the LANDSCAPE ARCHITECT, all work required under this Agreement as determined by the PLANNER shall proceed without interruption. 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 LANDSCAPE ARCHITECT pursuant to Paragraph 4 hereof, no action shall be commenced by the LANDSCAPE ARCHITECT against the CITY for monetary damages. LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT 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 paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION The LANDSCAPE ARCHITECT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CITY, its past, present and future Commissioners, officials, department heads, and employees, (hereinafter collectively referred to as “Indemnitees”) from and against all liability, judgments, or other liabilities including costs, reasonable fees and expenses of defense recoverable under applicable law incurred by Indemnitees to a third party arising from any loss, damage, injury, death, or loss or damage to property, of whatsoever kind or nature to such third party, to the extent caused by LANDSCAPE ARCHITECT’s negligent acts, errors or omissions in the performance of the services under this Agreement and those of its agents, employees or consultants. In the event of joint or concurrent negligence, LANDSCAPE ARCHITECT shall bear only that portion of the loss or expense that its share of the joint or concurrent negligence bears to -4-  the total negligence (including that of the third parties and Indemnitees) which caused the personal injury or damage. Nothing stated herein shall be deemed to require the LANDSCAPE ARCHITECT to indemnify or hold harmless any Indemnitee for its own negligence or fault. Indemnitees do not waive their defenses or immunities under the Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10/1 et seq.) by reason of this indemnification provision. Indemnification shall survive the 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 LANDSCAPE ARCHITECT shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: 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 LANDSCAPE ARCHITECT shall deliver to the PLANNER a Certificate 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 PLANNER. The Certificate of Insurance shall include the contractual obligation assumed by the LANDSCAPE ARCHITECT under Paragraph 10 entitled “Indemnification”. This insurance shall be primary and non-contributory 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. 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 bodily injury and/or property damage. 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 LANDSCAPE ARCHITECT shall carry LANDSCAPE ARCHITECT’s 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 claim. A Certificate of Insurance shall be submitted to -5-  the PLANNER as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the PLANNER. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. LANDSCAPE ARCHITECT 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. LANDSCAPE ARCHITECT shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. LANDSCAPE ARCHITECT 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. -6- 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 LANDSCAPE ARCHITECT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the LANDSCAPE ARCHITECT 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 agree that, if any paragraph, sub-paragraph, 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 The headings of the several paragraphs 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 constitute 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. -7- 22. NEWS RELEASES The LANDSCAPE ARCHITECT may not issue any news releases without prior approval from the PLANNER, nor will the LANDSCAPE ARCHITECT make public proposals developed under this Agreement without prior written approval from the PLANNER prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The LANDSCAPE ARCHITECT shall cooperate with any other consultants in the CITY’s employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT 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; 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 LANDSCAPE ARCHITECT to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, LANDSCAPE ARCHITECT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in -8-  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 City’s Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the LANDSCAPE ARCHITECT to the PLANNER and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The PLANNER may also require other recommendations and communications by the LANDSCAPE ARCHITECT 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 the CITY: John Whalen Parks Planner City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to the CONSULTANT: Upland Design Ltd. 24042 Lockport St., Suite 200 Plainfield, IL 60544 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 LANDSCAPE ARCHITECT shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, LANDSCAPE ARCHITECT hereby certifies, represents and warrants to the CITY that all LANDSCAPE ARCHITECT’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. LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT to -9-  determine LANDSCAPE ARCHITECT’s compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the LANDSCAPE ARCHITECT shall make available to the CITY the LANDSCAPE ARCHITECT’s relevant records at no cost to the CITY. LANDSCAPE ARCHITECT 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, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. CITY OF ELGIN: By: Richard G. Kozal, City Manager Attest: City Clerk LANDSCAPE ARCHITECT: By: Name/Print: Title: - 10 -  ATTACHMENT A SCOPE OF SERVICES Project Overview The City of Elgin is preparing to move forward with the renovation of Wing Park, the focus of the City’s 2024 OSLAD Grant submission. Upland Design will assist the city in creation of construction documents for the approved OSLAD master plan. An IDNR Open Space Lands Acquisition and Development (OSLAD) Grant was awarded in 2024 for $600,000, which will be applied towards the project budget of $4 million. OSLAD Project components include: • New Playground • Accessible improvements to Band Shell • Accessible Picnic Grove • Renovated and Expanded Multi-Use Trails • Prairie restoration and expansion • Additional accessible parking Additional Components include: • Pickleball Courts • Bankshot • Nature Trails and a Council Ring Project Scope: Upland Design Ltd proposes to accomplish the following work items to assist the City with development of construction documents, permitting, bidding, and construction administration. An approximate timeline is indicated at the end of the scope, and actual dates will be set to accommodate City of Elgin needs. The project is to be implemented through public bidding and construction by a contractor. Survey, Wetland Delineation & Soil Borings: A topographic survey was completed by JLH Land Surveying in 2024. This will be the base plan for the design development and construction documents. Additional survey work for missing sections of Wing Park will be determined and conducted, as well as a tree survey, in addition to wetland delineation as needed. Soil borings will be provided at the playground and pickleball areas, in addition to pavement coring for pathways. Concept Development & Review Meetings Kick-Off Review Meeting: The purpose of this meeting will be to review the master plan design developed for the OSLAD grant, and to plan for additional conceptual design and survey work as part of the expanded budget for this project. Upland will present the previous design including the playground options as well as share the original budget. The City will provide additional feedback on any changes to the design, and the design team will continue to develop the concept plan previously crafted in 2024 as part of the OSLAD grant submission process. The inclusion of additional amenities will be studied. Upland will coordinate staff feedback with manufacturer representatives and request revisions to design options, as well as provide cost proposals and updated itemized cost estimate. (1 meeting - virtual) Concept Plan Review Meeting: Upland will present the updated master plan design including playground equipment as well as an updated itemized cost estimate. The design team will continue to develop the concept plan previously crafted in 2024 as part of the OSLAD grant submission process. The inclusion of additional amenities will be studied. (1 meeting - virtual) Final Concept Plan Review Meeting: Upland will present updates to the proposed design and provide a comprehensive cost estimate with line items for each proposed amenity. Staff will provide design feedback and direct which amenities shall be include in the plan moving forward. (1 meeting - virtual)  Community Survey: Upland Design will develop one survey for the City to distribute via QR codes on postcards to local residents and community members: Survey: Once design concept has been finalized, Upland will create a survey to assess how residents respond to the proposed design. The survey will be hosted online and shared via postcards which will be mailed to local community members as well as shared at Elgin Parks camps and other youth activities. Park Board Presentation: Upland will present the finalized concept plan, survey feedback, and project schedule to the Elgin Parks & Recreation Board on Tuesday, May 27, 2025. (1 meeting – in-person) Design Development Plans & Review Meeting The design team will prepare design development plans based on the finalized master plan. The plans will include a detailed layout of amenities-listing of site furniture, play equipment, fitness equipment, and play court choices. Three dimensional images of the playground will be prepared with color choices. The playground design will be based off input provided during OSLAD and concept development phase including colored artificial turf, accessible playground features and exciting play sculptures to create a unique playground that will service the entire community. An updated cost estimate will be prepared. A meeting will be held with the City team to review plans and the updated costs. (1 meeting) Construction Plans, Specifications and Bid Proposal Based on the approved design development plans, the Upland Design team will prepare a set of construction plans, specifications and bid proposal form for public bidding. Construction documents will address the following: • Existing Conditions and Removal • Layout • Grading, BMP/Stormwater and Drainage • Shelter Structure Plans & Elevations • Irrigation Plans  • Utilities • Soil Erosion Control • Landscape Plantings & Restoration • Construction Details • General and Technical Specifications • Bid Proposal Form The specifications will cover each area of construction. A review meeting at 50% and 95% complete construction documents will take place with City of Elgin staff. An updated estimate of construction costs will be updated for each review meeting. OSLAD requirements will be incorporated into the bidding and construction documents per the IDNR agreement. Comments from the meetings will be incorporated into the documents. (2 meetings) Permits: A permit submittal will be prepared for the following: • City of Elgin Building Permit, Stormwater Review: Upland Design team will submit plans and calculations to City of Elgin for Review • IDNR – OWR Floodway Permit: A portion of the project is within the mapped floodway. A floodway permit is anticipated to be required. Upland Design Team will prepare and submit a permit to IDNR-OWR. • IEPA NOI- The project disturbance will be greater than 1.0 acre and ILR10 permit will be submitted to IEPA. Comments from the permits will be incorporated into the bidding documents. Meetings and revisions with permitting bodies will be completed as required for permitting, including a pre- permitting meeting with City of Elgin staff. (1 meeting – virtual) Bidding The bid documents will be sent to the City digitally for distribution from the City offices. The City will place an ad in the local paper and perform other required procedures for bidding. Upland staff will be available throughout the bidding period to answer questions and prepare addenda if needed. The City staff will open the bids, check for math, contact references and prepare any required City Council related documents. (no meetings)  Construction Contract Preparation: The City will be responsible for contract preparation for bid winners. Construction Administration Upon award of a contract, Upland Design and our design team will make twenty (20) total site visits during construction. City staff may make additional site visits during construction. • Review and assist with contractor field orders, change orders and clarifications • Contractor submittals and pay applications will be reviewed by Upland Design Ltd prior to forwarding to the City. • Certified Payroll will not be reviewed or retained by Upland Design Ltd • At project completion, a walk through with City staff to develop a punch list will be completed. • Review and comment on contractor provided closeout documents including warranties, manuals, and as-built drawings The Firm shall have the authority to act on behalf of the Owner only to the extent provided in this Agreement. The Firm shall not have control over, charge of, or responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction work, nor shall the Firm be responsible for the Contractor's failure to perform the construction work in accordance with the requirements of the Contract Documents. Professional Fees For the work described herein the following lump sum fee will be paid along with reimbursable costs. Soil Borings: $ 2,500 Design Development: $ 41,750 Construction Documents & Permitting $ 283,880 Bidding $ 2,200 Construction Administration $ 33,760 Total: $ 355,740 Reimbursable Costs: Reimbursable items will include plotting and printing of drawings at the direct cost to Upland Design Ltd. and mileage and toll reimbursement at the current IRS reimbursement rate. If soil borings are required, those will be completed and submitted as a reimbursable item. Additional site visits can be requested for a lump sum cost of $860 per visit (including site visit report). Scope of services set forth in pages 1-4 are included. Excluded services include but are not limited to the following: Hydrologic/hydraulic modeling the floodplain/floodway, wetland mitigation, archeological services, environmental testing, subsurface conditions and material testing, boundary survey, construction layout; construction scheduling; construction work; work- site safety, labor negotiations, permit fees or court appearances as part of these services. Hazardous Materials: The scope of the Firm’s services does not include any responsibility for detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead, or other hazardous materials, as defined by Federal, State, and local laws or regulations.  ATTACHMENT B ADDITIONAL SCOPE OF SERVICES FOR AMENDED AGREEMENT Project Background: The City of Elgin has decided to expand the current OSLAD development project to include additional improvements within the park. The following list shows a comprehensive list of what was originally included and what new amenities are to be added to the scope. Most of the work will be completed in 2026 while the restroom building, baseball improvements and bridge are to take place in 2027. This will spread the cost of the project across two fiscal years. Upland proposes to design and permit all scope noted below together with the exception of the bridge and boardwalk improvements which may be permitted and bid separately, depending on permit requirements, and will be reviewed with the City during design. Original Scope Items: • Playground Renovation • Sensory Encounter Play Area • Improvement to Band Shell seating and access • New Bank Shot • Pickleball Courts • Sports Court Plaza • Nature Trail to Council Ring • Landscape Enhancements • 20 on-street parking spaces • Baseball improvements • Interpretive Signage New Scope Items: • Expanded Playground including GFRC Cove • Misting Splash Pad • Additional Path north of Band Shell • Restroom Building • New drinking fountains • Bridge and trail connection to Abbott Drive • Maintenance Drive Improvements • New Parking Lot near tennis courts • Security Camera infrastructure • Additional pathways  Project Scope: Upland Design Ltd. team includes Engineering Resources Associates (ERA) for civil and structural engineering, architectural assistance from FGMA, architects, additional land surveying from JLH Land Surveyors, and ID Sculpture for the custom GFRC rock wall. We propose to assist the City with the development of construction documents, permitting, bidding and construction administration of Wing Park’s 12.8 million renovation. A new schedule will be reviewed with the City, but will generally follow design, permitting and groundbreaking in 2026 with construction to complete by the end of 2027. The project is to be implemented through public bidding and construction by a contractor. Base Information: A topographic survey was completed by JLH Land Surveying in 2024 with additional survey previously completed for Baseball Plaza Improvements (AWA #1), and for the new boardwalk (AWA #2). To complete the remaining site improvements, JLH will add topographic survey in the following areas: • Northern property corner from Tyler Creek to Abbott Drive. • Hydrographic (under water) Survey of Tyler Creek at proposed bridge location as noted below: o Floodplain stream cross sections will be taken upstream and downstream of the proposed bridge structure at intervals of 50’, 250’, 500’ and 1,000’. o Existing maintenance bridge to be surveyed. o Critical low opening of adjoining drainage structures within the project limits will be located with elevations. o Streambed profile will be surveyed at 100’ intervals up to 1,000’ downstream of structure. o Normal water surface elevations will be surveyed throughout survey area. • Proposed Parking lot additional survey adjacent to maintenance facility. • South pathway connection from current picnic area location to new clubhouse. This data will be added to the existing survey for a complete base to be used for the design development and construction documents. Wetland Delineation: A wetland delineation was completed in 2025 for the proposed trail along the Tyler Creek. Additional areas will be delineated for the proposed boardwalk site, bridge area and north of the bridge near Abbott Drive. This work is proposed for the spring of 2026. Soil Borings: Additional soil borings are also proposed including two borings at the proposed bridge abutment locations, one boring at the proposed parking lot location and one at the proposed south trail connection area. Water Pressure Testing: Existing water utility review with water pressure test is also recommended and will be completed for the design of water related elements including the restroom, splash pad and drinking fountain connections. Design Development Plans and Review Meetings During the design development of the original OSLAD scope, master planning was also completed for the proposed scope expansion. To move the project forward as one project, the design team will update the OSLAD scope based on the new project budget and prepare design development plans based on the approved expanded Master Plan updates. The design development plans will include a detailed layout of amenities, detailed color selection, material/finish selection and an updated cost estimate. • Parking: The Design Team will prepare two parking area design options to be considered with cost estimates. Options will be presented to staff and a final design option selected. • Restroom Building: FGMA, architect, will prepare new restroom options with finishes. With feedback from staff, the designs will be updated. • Boardwalk Design: detailed deck material options along with a layout will be prepared along with costs. • Pedestrian Bridge & North Pathway Design: These will include two potential design options for the location. Each option will be designed to meet the goals and objectives of the City. Cost opinions for both options will be presented to Elgin. Multiple design options from a pre- manufactured bridge company will be presented. • Playground and Splash Pad: The expanded playground and splash pad designs will be finalized during design development. • ID Sculpture will prepare schematic design for the GFRC cove and the City will give feedback. A meeting will be held with the City team to review plans, the updated costs and color renderings. The color renderings will include human perspective views and bird’s eye views. Renderings will be updated for 2-3 iterations as well as finalized renderings upon completion of the Design Development process. Due to the size and number of elements, Upland proposes splitting design development review across three meetings. Two will be in process meetings, and based on the staff feedback, Upland Design will prepare a final design development plan, cost and final renderings. A final design development meeting will be held with the City team to review plans, renderings, and the updated costs. Any final comments from the meeting will be incorporated into the plan. (3 meetings: 2 virtual meetings / 1 in-person meeting) Site Visits: As part of the design development phase, Upland Design proposes to walk the proposed paths for new trail connections, bridge and boardwalk layout with staff and identify key tree species to protect. (up to 2 visits) Construction Plans, Specifications and Bid Proposal Based on the approved design development plans, the Upland Design team will prepare a set of construction plans, specifications and bid proposal form for public bidding for the original and additional scope items, as one package. The bridge and boardwalk may be in a separate and second package depending on the permitting timeline. In addition to the standard construction documents outlined in the original scope, the additional plans will address the following: • IDS Stamped engineering documents for the GFRC Wall. • Architectural plans for restroom building including mechanical, electrical and structural design. • ERA Stamped engineering documents for the retaining walls at: playground entry ramp walls, support walls for GFRC cove, retaining walls at the new parking lot, and boardwalk. • Pedestrian Bridge: o Based on the approved design and layout, structure plans for the abutments under the supervision of an Illinois Licensed Structural Engineer, and will consist of the following drawings:  Abutment Plan & Details  Bridge structural drawings shall be purchased by owner and provided by the bridge supplier.   The specifications and special provisions will be developed and included in the submittals and follow the IDOT guidelines and standard specifications for construction projects. • Stormwater Calculations: It is anticipated that this will include documentation of BMP calculations, storm sewer calculations, floodplain and floodway fill and compensatory storage calculations, summary narrative of existing conditions, summary of proposed conditions, floodplain maps. NOT INCLUDED: it is assumed that floodway filling will be minor and that hydraulic and hydrologic modeling will not be required for any area other than the bridge. It is assumed that detention basin design, modifications to or the confirmation of adequate storage volume is not included. • Stormwater Modeling and Calculations: Corrective Effective Hydraulic Model – ERA will convert the regulatory effective model from a paper copy in HEC-2 format to an electronic HEC-2 version and then convert the HEC-2 model to a modern HEC-RAS model. o Existing Conditions Hydraulic Model: For this model, ERA will augment the corrected effective model in HEC-RAS with the following items:  Cross Sections data from ERA topographic measurements.  Discharges from the FIS for the 10-, 50-, 100-, and 500-year recurrence intervals.  Modifications to the FIS manning’s “n” values for the project site using supportive photographic evidence.  NOT INCLUDED: Floodway modeling is not anticipated nor is it included in this scope of work. o Proposed Conditions Hydraulic Model: ERA will revise the existing conditions cross- sections to mimic the proposed work to verify that the improvements do not impact the regulatory floodplain. No floodway modeling is anticipated. o Compensatory Storage Calculations: ERA will evaluate the cut and fill volumes for the proposed improvements using the regulatory 10- and 100-year flood elevations. The overall project site is required to provide compensatory storage equal to at least 1.5 times the volume of flood plain fill. The storage shall be provided incrementally between the 0- to 10-year and the 10- to 100-year flood recurrence intervals at a minimum ration of 1:1 cut to fill. ERA will provide preliminary compensatory storage calculations in tabular form with scaled cross sections. Specifications: The specifications will cover each area of construction. OSLAD requirements will be incorporated into the bidding and construction documents per the IDNR agreement. Comments form the meetings will be incorporated into the documents. 100% drawings shall be submitted for final review, and any outstanding items shall be reviewed with staff prior to permitting. Review Meetings: Upland Design will meet with the City virtually every other week during the development of construction documents. An updated estimate of construction costs will be updated for milestones at 50%, 75%, 95%, and 100% construction document completion. The City will give feedback. One of the meetings is suggested to be a pre-permit discussion with City staff. (Estimate of up to nine meetings during this phase including bi-weekly check-in meetings) Permits: Submittals will be prepared for the following permits listed below. The upland team will be available for a pre-submittal meeting with permitting agencies if required. (1 meeting) • City of Elgin Building Permit: Upland Design Team will submit plans and calculations to City of Elgin for review. This permit was anticipated in base scope, and the fee here includes work for the expanded scope. • IDNR – OWR Floodway Permit: A portion of the project may be within the mapped floodway. We will prepare and submit the floodway permit to IDNR-OWR. This task includes responding to IDNR-OWR comments and one resubmittal. This permit assumes that hydraulic modeling will not be required for any area other than the proposed bridge location and is not included in the scope of services. The area along Tyler Creek path was included in the base scope, additional permitting and a separate application is anticipated for the Bridge and Boardwalk. • IEPA NOI: This permit was included in the base bid and no additional work for added scope is expected. • Stormwater Summary Report: ERA will prepare a final report for permitting purposes that will contain a summary of the design calculations, the hydraulic model results, and compliance with required permits such as compensatory storage requirements. The final report will be used to obtain floodway, stormwater management and building permits. This report will be in the format of the Kane County stormwater tabular submittal.  • Section 404: Prepare and submit the joint application. It is assumed that the project will be permitted as a Nationwide Permit (NWP) #14- Linear Transportation Projects) andNWP#33 (Temporary Construction, Access, and Dewatering). It is assumed that the wetland impact and WOTUS impacts will be less than 0.10 acre and 0.03 acre, respectively, and mitigation will not be required as the mitigation threshold has not been reached. Wetland mitigation design or banking assistance is not included. This task includes responding to USACE comments and one resubmittal. • IDNR-Office of Water Resources | Floodway Construction Permit: Complete and submit a floodway construction permit for the IDNR-OWR that is compliant with Part 3708:Floodway Construction in Northeastern Illinois. This task includes responding to IDNR-OWR comments and one resubmittal. • Kane DuPage County Soil Water and Conservation District (SWCD) Review: Prepare the necessary submittals required for SWCD’s soil erosion and sediment control review and approval. This task includes responding to IDNR-OWR comments and one resubmittal. • Not Included: FEMA: Approval from FEMA is not anticipated to be required. ACLOMR/LOMR is not included in the scope of services but can be provided as an additional service if required. Comments from the permits will be incorporated into the bidding documents. Meetings and revisions with permitting bodies will be completed as required for permitting and for resubmittals as listed above. Bidding Bidding services will be provided as described in the initial scope. Due to expanded scope, additional questions and coordination is expected and included herein. Construction Administration In addition to the work below, Upland included 20 site visits with the initial scope. An additional 32 site visits are anticipated between 2026 – 2027. • Review and assist with contractor field orders, change orders and clarifications.  • Contractor submittals and pay applications will be reviewed by Upland Design Ltd prior to sending to the City. • At project completion, a walk through with City staff to develop a punch list will be completed. • One Review and comment on contractor provided closeout documents including warranties, manuals, and as-built drawings. • Assistance with permit closeout will be provided. • Certified Payroll will not be reviewed or retained by Upland Design. The Firm and its subconsultants shall have the authority to act on behalf of the Owner only to the extent provided in this scope. The Firm shall not have control over, charge of, or responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction work, nor shall the Firm be responsible for the Contractor's failure to perform the construction work in accordance with the requirements of the Contract Documents. Professional Fee Summary For the work described herein the following lump sum fee for the professional fees and the two items shown as reimbursable. In addition, standard reimbursable items will be charged above the lump sum fees. Topographic & Hydrographic Survey 20,000 Design Development 71,369 Construction Documents 310,180 Permitting 79,384 Bidding 11,628 Construction Administration 96,623 Total Professional Fee 589,184 Soil Boring Reimbursable Allowance* 10,000 Water Pressure Tests Allowance* 1,000 Sub Total 600,184 Allowance** 75,000 Grand Total $ 675,184 * These items will be billed at their direct cost. ** Allowance shall be for color renderings and any additional design work requested by the City of Elgin. Reimbursable Costs: Reimbursable items will include plotting and printing drawings at the direct cost to Upland Design Ltd and mileage and toll reimbursement at the current IRS reimbursement rate. Permit fees will be paid by the City of Elgin. Additional Site Visits can be requested for a lump sum cost of $1385 per visit (including site visit report). Scope of services set forth in pages 1-7 are included. Excluded services include but are not limited to the following: wetland mitigation, archeological services, environmental testing, subsurface conditions and material testing, boundary survey, construction layout; construction scheduling; construction work; work-site safety, labor negotiations, permit fees or court appearances as part of these services. Hazardous Materials: The scope of the Firm’s services does not include any responsibility for detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead, or other hazardous materials, as defined by Federal, State, and local laws or regulations.  ATTACHMENT C AMENDED PROJECT SCHEDULE Description Start Date Estimated Completion Date Topographic Survey February 2026 April 2026 Design Development February 2026 March 2026 Construction Documents March 2026 June 2026 & Permitting Bidding July 2026 July 2026 Construction September 2026 November 2027 ADDITIONAL WORK PROPOSED AMENDEDAUTHORIZATION AGREEMENT #1 12-Jan-25 11-Mar-26 Project Name: WING PARK Project #1361 Owner: City of Elgin The following, once signed, becomes part of the professional services contract listed above. Additional Service Amended Description Agreement Description Fee Topographic & Hydrographic Survey $ 17,400.00 Design Development $ 71,369.00 Construction Documents $ 310,180.00 Permitting $ 79,384.00 Bidding $ 11,628.00 Construction Administration $ 96,623.00 Soil Boring Reimburable Allowance $ 10,000.00 Water Pressure Tests Allowance $ 1,000.00 Allowance $ 75,000.00 77,600.00 Total Additional Work $ 672,584.00 675,184.00 Original Existing Contract AgreementAmount Amount $ 355,740.00 385,590.00 Previous AmendedAWA # 1 2 Agreement Amount $ 29,850.00 2,600.00 675,184.00 Previous AWA Current # 2 Services AWA # 3 Additional Total Amount $ 2,600.00 672,584.00 1,060,774.00 Current Additional Services AWA # 3 Total Amount $ 672,584.00 1,060,774.00 Total Amount $ 1,060,774.00 AUTHORIZATION: (Owner) City of Elgin Sincerely, Upland Design, Ltd (The Firm) Signature:________________________________ Title:____________________________________ Michelle A. Kelly, PLA, ASLA Date:___________________________________ President Page 1 of 1 Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield Amended Proposal for Landscape Architectural Services Wing Park OSLAD Development January 12, 2025 1010 Wing Street, Elgin, Illinois Project Background: The City of Elgin has decided to expand the current OSLAD development project to include additional improvements within the park. The following list shows a comprehensive list of what was originally included and what new amenities are to be added to the scope. Most of the work will be completed in 2026 while the restroom building, baseball improvements and bridge are to take place in 2027. This will spread the cost of the project across two fiscal years. Upland proposes to design and permit all scope noted below together with the exception of the bridge and boardwalk improvements which may be permitted and bid separately, depending on permit requirements, and will be reviewed with the City during design. Original Scope Items New Scope Items Playground Renovation Expanded Playground including GFRC Cove Sensory Encounter Play Area Misting Splash Pad Improvement to Band Shell Seating & Access Additional Path North of Band Shell New Bank Shot Wetland Boardwalk at Aquatic Center Pickleball Courts New Restroom Building Sports Court Plaza New drinking fountains (2) Nature Trail to Council ring Bridge and Trail Connection to Abbott Dr. Landscape Enhancements Maintenance Drive Improvements 20 On-Street Parking Spaces New Parking Lot at Tennis Baseball Improvements Security Camera Infrastructure Interpretive signage (1) Additional Pathways Along Golf Course, Connection To New Golf Clubhouse, And Connection To Tyler Creek Path At Playground Historical Signage and New Park Signage Project Scope: Upland Design Ltd team includes Engineering Resource Associates (ERA) for civil and structural engineering, architectural assistance from FGMA, architects, additional land surveying from JLH Land Surveyors, and ID Sculpture for the custom GFRC rock wall. We propose to assist the City with the development of construction documents, permitting, bidding, and construction administration of Wing Park’s 12.8 million renovation. A new schedule will be reviewed with the City but will generally follow design, permitting and groundbreaking in 2026 with construction to complete by end of 2027. The project is to be implemented through public bidding and construction by a contractor. Page 1 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield Base Information: A topographic survey was completed by JLH Land Surveying in 2024 with additional survey previously completed for Baseball Plaza Improvements (AWA 1) and for the new boardwalk (AWA2). To complete the remaining site improvements, JLH will add topographic survey in the following areas:  Northern property Corner from Tyler Creek to Abbott Drive.  Hydrographic (under water) Survey of Tyler Creek at proposed bridge location as noted below o Floodplain stream cross sections will be taken upstream and downstream of the proposed bridge structure at intervals of 50’, 250’, 500’ and 1000’ o Existing Maintenance bridge to be surveyed o Critical low opening of adjoining drainage structures within the project limits will be located with elevations o Streambed profile will be surveyed at 100’ intervals up to 1000’ downstream of structure o Normal water surface elevations will be surveyed throughout survey area.  Proposed Parking lot additional survey adjacent to maintenance facility  South Path connection from current picnic area location to new clubhouse This data will be added to the existing survey for a complete base to be used for the design development and construction documents. Wetland Delineation: A wetland delineation was completed in 2025 for the proposed trail along the Tyler creek. Additional areas will be delineated for the proposed boardwalk site, bridge area and north of the bridge near Abbott Drive. This work is proposed for spring of 2026. Soil Borings: Additional soil borings are also proposed including two borings at the proposed bridge abutment locations, one boring at the proposed parking lot location and one at the proposed south trail connection area. Water Pressure Testing: Existing water utility review with water pressure test is also recommended and will be completed for the design of water related elements including the restroom, splash pad and drinking fountain connections. Design Development Plans and Review Meetings During the design development of the original OSLAD scope, master planning was also completed for the proposed scope expansion. To move the project forward as one project, the design team will update the OSLAD scope based on new project budget and prepare design development plans based on the approved expanded Master Plan updates. The design development plans will include a detailed layout of amenities, detailed color selection, materials/finish selection and an updated cost estimate.  Parking: The Design Team will prepare two parking area design options to be considered with cost estimates. Options will be presented to staff and a final design option selected.  Restroom Building: FGMA, architect, will prepare new restroom options with finishes. With feedback from staff, the designs will be updated.  Boardwalk Design: Detailed deck material options along with a layout will be prepared along with costs. Page 2 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield   Pedestrian Bridge & Path Design: These will include two potential design options for the location. Each option will be designed to meet the goals and objectives of the City. Cost opinions for both options will be presented to Elgin. Multiple design options from a pre- manufactured bridge company will be presented.  Playground and Splash Pad: The expanded playground and splash pad designs will be finalized during design development  ID Sculpture will prepare schematic design for the GFRC cove and the City will give feedback. A meeting will be held with the City team to review plans, the updated costs and color renderings. The color renderings will include human perspective views and bird’s eye views, using the map below as guidance. Renderings will be updated for 2-3 iterations as well as finalized renderings upon completion of the DD process. Due to the size and number of elements, Upland proposes splitting design development review across three meetings. Two will be in process meetings, and based on the staff feedback, Upland Design will prepare a final design development plan, cost and final renderings. A final design development meeting will be held with the City team to review plans, renderings, and the updated costs. Any final comments from the meeting will be incorporated into the plan. (3 meetings: 2 virtual meeting – 1 in person meeting to review color samples) Site Visits: As part of the design development phase, Upland Design proposes to walk the proposed paths for new trail connections, bridge and boardwalk layout with staff and identify key tree species to protect (up to 2 Site visits) Page 3 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield Construction Plans, Specifications and Bid Proposal Based on the approved design development plans, the Upland Design team will prepare a set of construction plans, specifications and bid proposal form for public bidding for the original and additional scope items, as one package. The bridge and boardwalk may be in a second package depending on permitting timeline. In addition to the standard construction documents outlined in original scope, the additional plans will address the following:  IDS Stamped engineering documents for the GFRC Wall  Architectural plans for restroom building including mechanical, electrical and structural design  ERA Stamped engineering documents for the retaining walls at: playground entry ramp walls, support walls for GFRC cove, retaining walls at new parking lot, and boardwalk  Pedestrian Bridge: o Based on approved design and layout, structural plans for the abutments under the supervision of an Illinois Licensed Structural Engineer, and will consist of the following drawings:  Abutment Plan and Details  Bridge structural drawings shall be purchased by owner and provided by the bridge supplier.  The specifications and special provisions will be developed and included in the submittals and follow the IDOT guidelines and standard specifications for construction projects.  Stormwater Calculations - It is anticipated that this will include documentation of BMP calculations, storm sewer calculations, floodplain and floodway fill and compensatory storage calculations, summary narrative of existing conditions, summary of proposed conditions, floodplain maps. Not Included: It is assumed that floodway filling will be minor and that hydraulic and hydrologic modeling will not be required for any area other than the bridge. It is assumed that detention basin design, modifications to or the confirmation of adequate storage volume is not included.  Stormwater Modeling and Calculations: Corrective Effective Hydraulic Model – ERA will convert the regulatory effective model from a paper copy in HEC-2 format to an electronic HEC-2 version and then convert the HEC-2 model to a modern HEC-RAS model. We have assumed similar work was completed for the Washington Street Bridge project and through our recent riverwalk improvement projects. ERA will acquire the updated West Branch models of Washington Street Bridge from the City and merge it with ERA models from recent riverwalk projects and use it to adequately model the 430 S. Washington site for a new updated HEC- RAS corrective effective hydraulic model. o Existing Conditions Hydraulic Model – For this model, ERA will augment the corrected effective model in HEC-RAS with the following items:  Cross Sections data from ERA topographic measurements through the 430 S. Washington site;  Discharges from the FIS for the 10-, 50-, 100-, and 500-yr recurrence intervals;  Modifications to the FIS manning’s “n” values for the project site using supportive Page 4 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield  photographic evidence;  Not Included: Floodway modeling is not anticipated nor is it included in this scope of work. o Proposed Conditions Hydraulic Model – ERA will revise the existing conditions cross- sections to mimic the proposed work to verify that the improvements do not impact the regulatory floodplain. No floodway modeling is anticipated. o Compensatory Storage Calculations. ERA will evaluate the cut and fill volumes for the proposed improvements using the regulatory 10- and 100-yr flood elevations. The overall project site is required to provide compensatory storage equal to at least 1.5 times the volume of flood plain fill. The storage shall be provided incrementally between the 0- to 10-yr and the 10-to 100-yr flood recurrence intervals at a minimum ratio of 1:1 cut to fill. Floodway cut and fill calculations shall also be calculated having a minimum ratio of 1:1 cut to fill. ERA will provide preliminary compensatory storage calculations in tabular form with scaled cross sections. The specifications will cover each area of construction. OSLAD requirements will be incorporated into the bidding and construction documents per the IDNR agreement. Comments from the meetings will be incorporated into the documents. 100% drawings shall be submitted for final review, and any outstanding items shall be reviewed with staff prior to permitting. Page 5 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield Review Meetings: Upland Design will meet with the City virtually every other week during the development of construction documents. An updated estimate of construction costs will be updated for milestones at 50%, 75%, 95% and 100% construction document completion. The City will give feedback. One of the meetings is suggested to be a pre-permit discussion with City staff. (Estimate of up to nine meetings during this phase including bi-weekly check-in meetings) Permits: Submittals will be prepared for the following permits listed below. The Upland team will be available for a pre submittal meeting with permitting agencies if required (1 meeting): o City of Elgin Building Permit: Upland Design Team will submit plans and calculations to City of Elgin for review. This permit was anticipated in base scope, and the fee here includes work for the expanded scope. o IDNR – OWR Floodway Permit: A portion of the project may be within the mapped floodway. We will prepare and submit the floodway permit to IDNR-OWR. This task includes responding to IDNR-OWR comments and one resubmittal. This permit assumes that hydraulic modeling will not be required for any area other than the proposed bridge location and is not included in the scope of services. The area along Tyler Creek path was included in the base scope, additional permitting and a separate application is anticipated for the Bridge and Boardwalk. o IEPA NOI- This permit was included in the base bid and no additional work for added scope is expected. o Stormwater Summary Report. ERA will prepare a final report for permitting purposes that will contain a summary of the design calculations, the hydraulic model results, and compliance with required permits such as compensatory storage requirements. The final report will be used to obtain floodway, stormwater management and building permits. This report will be in the format of the Kane County stormwater tabular submittal. o Section 404. Prepare and submit the joint application. It is assumed that the project will be permitted as a Nationwide Permit (NWP) #14- Linear Transportation Projects) and NWP#33 (Temporary Construction, Access, and Dewatering). It is assumed that the wetland impact and WOTUS impacts will be less than 0.10 acre and 0.03 acre, respectively, and mitigation will not be required as the mitigation threshold has not been reached. Wetland mitigation design or banking assistance is not included. This task includes responding to USACE comments and one resubmittal. o IDNR-Office of Water Resources | Floodway Construction Permit. Complete and submit a floodway construction permit for the IDNR-OWR that is compliant with Part 3708: Floodway Construction in Northeastern Illinois. This task includes responding to IDNR- OWR comments and one resubmittal. o Kane DuPage County Soil Water and Conservation District (SWCD) Review. Prepare the necessary submittals required for SWCD’s soil erosion and sediment control review and approval. This task includes responding to IDNR-OWR comments and one resubmittal. o Not Included: FEMA – Approval from FEMA is not anticipated to be required. A CLOMR/LOMR is not included in the scope of services but can be provided as an additional service if required. Page 6 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield Comments from the permits will be incorporated into the bidding documents. Meetings and revisions with permitting bodies will be completed as required for permitting and for resubmittals as listed above. Bidding Bidding services will be provided as described in the initial scope. Due to expanded scope, additional questions and coordination is expected and included herein. Construction Administration In addition to the work below, Upland included 20 site visits with the initial scope. An additional 32 site visits are anticipated between 2026 – 2027.  Review and assist with contractor field orders, change orders and clarifications  Contractor submittals and pay applications will be reviewed by Upland Design Ltd prior to forwarding to the City.  At project completion, a walk through with City staff to develop a punch list will be completed.  One Review and comment on contractor provided closeout documents including warranties, manuals, and as-built drawings  Assistance with permit closeout will be provided  Certified Payroll will not be reviewed or retained by Upland Design Ltd The Firm and its subconsultants shall have the authority to act on behalf of the Owner only to the extent provided in this scope. The Firm shall not have control over, charge of, or responsibility for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction work, nor shall the Firm be responsible for the Contractor's failure to perform the construction work in accordance with the requirements of the Contract Documents. Page 7 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield Professional Fee Summary For the work described herein the following lump sum fee for the professional fees and the two items shown as reimbursable. In addition, standard reimbursable items will be charged above the lump sum fees. Topographic & Hydrographic Survey $ 17,400 20,000 Design Development $ 71,369 Construction Documents $ 310,180 Permitting $ 79,384 Bidding $ 11,628 Construction Administration $ 96,623 Total Professional Fee $ 586,584 589,184 Soil Boring Reimbursable Allowance* $ 10,000 Water Pressure Tests Allowance* $ 1,000 Sub Total $ 597,584 600,184 Allowance** $ 75,000 Grand Total $ 675,184 672,584 *These items will be billed at their direct cost **Allowance shall be for color renderings and any additional design work requested by the City of Elgin Optional Deducts Deduct Restroom Architectural Design Fee $ 97,600 Deduct Bridge & Path Connection Design Fee $ 32,750 Reimbursable Costs: Reimbursable items will include plotting and printing drawings at the direct cost to Upland Design Ltd and mileage and toll reimbursement at the current IRS reimbursement rate. Permit fees will be paid by the City of Elgin. Additional Site Visits can be requested for a lump sum cost of $1385 per visit (including site visit report). Scope of services set forth in pages 1-7 are included. Excluded services include but are not limited to the following: wetland mitigation, archeological services, environmental testing, subsurface conditions and material testing, boundary survey, construction layout; construction scheduling; construction work; work-site safety, labor negotiations, permit fees or court appearances as part of these services. Hazardous Materials: The scope of the Firm’s services does not include any responsibility for detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead, or other hazardous materials, as defined by Federal, State, and local laws or regulations. Page 8 of 8 P1706B- Wing Park OSLAD Development – City of Elgin Upland Design Ltd Chicago 312.350.4088 uplandDesign.com 815.254.0091 Plainfield AGENDA ITEM: P MEETING DATE: March 11, 2026 ITEM: Wing Park Golf Course Clubhouse—Bid 25-034, Alternate No. 4 for Food Service Equipment ($156,000) OBJECTIVE: Purchase and install the food service equipment for the new clubhouse. RECOMMENDATION: Approve the purchase and installation of the food service equipment for the new clubhouse, as outlined in Bid No. 25-034, Alternate No. 4, in the amount of $156,000. Construction of the new clubhouse at Wing Park Golf Course will enhance an important and his- toric community asset established on land donated by William H. Wing in 1902. Built in 1908, Wing Park Golf Course is the oldest municipal golf course in Illinois. The current clubhouse, con- structed in 1936, no longer meets ADA accessibility standards and requires significant moderni- zation to better serve residents and visitors, and the long-term needs of the facility. To address these needs, the city engaged FGM Architects, Inc. to lead the design process, and Lamp, Inc. to be the at-risk construction manager for the Wing Park Golf Course’s new clubhouse. The scope of the project includes creating a historically consistent structure, mirroring the neigh- borhood's residential character and architectural features from the 1928 clubhouse, while inte- grating long-term sustainable enhancements and energy efficient upgrades, like the integration of a geothermal heating and cooling system. The new clubhouse will focus on enhancing the overall hospitality environment featuring virtual golf simulators, while maintaining the course’s "old-world" charm, historical significance, and value-oriented pricing. The kitchen and bar equipment includes all items necessary items for op- erating a bar with food services such as refrigerators, freezers, coolers, ovens, storage, faucets, sinks, counters, tables and trash receptacles for creating a unique hospitality experience centered around year-round golf activities, creating greater opportunities for the course’s long-term pros- perity. BACKGROUND Elgin operates three golf courses: Bowes Creek Country Club, The Highlands of Elgin and the Wing Park Golf Course. Wing Park was named after William H. Wing, a prominent attorney and descendant of the Wing family, who settled in Elgin in 1846. In 1902, Wing donated 121.5 acres of his estate for public park use, with 60 acres designated for the development of a golf course. The original clubhouse, known as the DeBoer House, was located on the south side of Wing Street. As traffic along Wing Street increased, a new clubhouse was constructed at the current site. That structure was destroyed by fire around 1928, and the existing clubhouse was built in 1936. Construction of the new clubhouse at Wing Park Golf Course will enhance an important and his- toric community asset established on land donated by William H. Wing in 1902. Built in 1908, Wing Park Golf Course is the oldest municipal golf course in Illinois. The current clubhouse, con- structed in 1936, no longer meets ADA accessibility standards and requires significant moderni- zation to better serve residents and visitors, and the long-term needs of the facility. To address these needs, In 2021, the city issued a request for proposals, RFP 21-058, and subse- quently engaged FGM Architects, Inc. to lead the design process. In preparation for the construc- tion project, it was determined that engaging a construction manager would enhance the bidding process and ensure efficient project delivery. Following a competitive evaluation of RFP 24-057, Lamp, Inc. was selected as the most qualified firm to manage the construction of the new Wing Park Golf Course Clubhouse. The scope of the project includes creating a historically consistent structure, mirroring the neigh- borhood's residential character and architectural features from the 1928 clubhouse, while inte- grating long-term sustainable enhancements and energy efficient upgrades, like the integration of a geothermal heating and cooling system. Lamp, Inc. worked in conjunction with the city purchasing department, and posted Bid 25-034 on April 25, 2025, for the Wing Park Golf Course’s new clubhouse. Bid opening was on May 22, 2025. The city’s purchasing department posted advertising through the Daily Herald and via our web- site to support Lamp Incorporated in the bidding process. On June 11, 2025, the city council ap- proved Bid 25-034 for the construction of a new clubhouse in the amount of $4,169,180.50. As part of the bid, Alternate 4, “Food Service Equipment” bids were received to provide for the ac- quisition of the catering kitchen and bar equipment. The new clubhouse will focus on enhancing the overall hospitality environment featuring virtual golf simulators, while maintaining the course’s "old-world" charm, historical significance, and value-oriented pricing. The kitchen and bar equipment includes all items necessary items for op- erating a bar with food services such as refrigerators, freezers, coolers, ovens, storage, faucets, sinks, counters, tables and trash receptacles for creating a unique hospitality experience centered around year-round golf activities, creating greater opportunities for the course’s long-term pros- perity. 2 OPERATIONAL ANALYSIS The current Wing Park Golf Course clubhouse, largely unchanged since its construction in 1936, offers only minimal amenities. It is not ADA compliant and provides limited services, consisting primarily of restrooms and shelter. Retail sales are minimal, and food and beverage offerings are limited to basic packaged items. Additionally, the facility lacks indoor golf cart storage, which restricts the course to operating with fewer carts than desired. The new clubhouse will significantly improve operational capacity and customer experience. In- door cart storage will enable a full fleet of carts and allow for a transition from gas-powered to electric carts, reducing operational costs and supporting a cleaner, more sustainable operation. Hospitality offerings will also be expanded to include a bar, indoor golf simulators, and event space to support year-round programming such as indoor leagues, lessons, and winter tourna- ments. These enhancements will address the long-standing limitation of not having a full driving range on site, while also improving the course’s brand and revenue potential. The project will be introducing “Chip Shots,” a whiskey bar concept that includes a uniquely branded, city-owned food truck operated by a contracted local vendor which is slated to be de- livered in early May 2026. This approach ensures alignment between food service and clubhouse operations. A labor service agreement was approved in September 2025 with Chip Shots Payroll, LLC (a.k.a. Plank Road Tap House) to operate the business concept at Wing Park. After completing the ser- vices agreement with Chip Shots Payroll, staff worked with the vendor to confirm the equipment details for general operation and in coordinating goals to deliver a successful business plan. The proposed equipment purchase is incorporated into the construction budget. INTERESTED PERSONS CONTACTED Chip Shots Payroll, LLC FINANCIAL ANALYSIS The low responsive bid of $156,000 for Alternate No. 4 is lower than all the other bids received from other contractors. The acceptance of this alternate allows the city to efficiently build the catering kitchen, bar space, built in coolers and coordinate with electrical and plumbing contrac- tors that were awarded the bid. The funding of the food service equipment was anticipated and budgeted for in 2026 in the amount of $156,000. This amount includes the proposed equipment as well as furnishings for the building. 3 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Golf 540-5803-775.92-44 WPG25C $156,000 $156,000 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to accept Alternate No. 4 of Bid No. 25-034 and provide direction on next steps to staff. NEXT STEPS 1. Execute a change order for Alternate No. 4 of Bid No. 25-034 in the amount of $156,000. 2. Purchase and install the food service equipment. Originators: Mike Lehman, Director of Golf Operations Jen Hermonson, Director of Parks and Recreation Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Wing Park Clubhouse Alternate No. 4 of Bid No. 25-034. B. Wing Park Clubhouse Equipment Details 4  City of Elgin Wing Park Golf Course New Clubhouse (Bid #25-034) Thursday, May 22, 2025, at 3:00 PM 06A-1 – General Trades Adde B nda ond 1, La or 2, 3 bo Ce , a Alternate #4 Pu r R rt. C d n bl ate he 4 ic S c Alternate #1 Food Service C he k ertif et Custom Wood Clouds Equipment ic Trade Contractor Base Bid Combination Bid ates Notes Boller Construction No Bid Carmichael Construction No Bid Cosgrove Construction, Inc. No Bid Hargrave Builders $ 1,122,450.00 $ 61,000.00 $ 156,000.00 X X X X SMC Construction Services (Shales McNutt LLC) $ 1,222,753.00 $ 58,936.00 $ 174,073.00 X X X X TOR Construction Company $ 1,126,800.00 $ 69,600.00 $ 177,000.00 X X X X $ 1,122,450.00 $ 61,000.00 $ 156,000.00  EQUIPMENT & UTILITIES SCHEDULE ELECTRICAL COLD WATER COLD WATER HOT WATER HOT WATER DIRECT DRAIN DIRECT DRAIN INDIRECT ITEM NO. AMPS VOLTS PHASE DIRECT PLUG NEMA QTY EQUIPMENT CATEGORY EQUIPMENT REMARKS KW HP ELEC REMARKS/PLUMBING REMARKS 1 1 3-COMPARTMENT SINK DIRECT DRAIN WASH SINK & EXTEND OTHERS TO NEAREST FLOOR 2 12 FS SINK; VERIFY CODE REQ'TS W/ P.T. 3 1 WIRE SHELVING, 18"X60" 5-TIER; BOLTED TO FLOOR 4 1 WIRE SHELVING, 18"X36" 5-TIER; BOLTED TO FLOOR 5 1 S/S WALL SHELF, 12"X96" 6 1 REACH-IN REFRIGERATOR 1-DOOR; SELF-CONTAINED 2.2 1/4 120 1 X 5-15P 48 7 1 REACH-IN FREEZER 1-DOOR; SELF-CONTAINED 3.7 1/2 120 1 X 5-15P 48 8 1 MOBILE WORK TABLE, 30"X48" W/ DRAWER 9 1 TRASH BIN 23-GAL. 10 1 ICE MAKER W/ BIN & FILTER AIR-COOLED; SELF-CONTAINED 10.7 120 1 X 84 20 AMP MAX; IF GFCI REQ'D, BREAKER IN LIEU OF 1/2 60 FFD RECEPTACLE/EXTEND CW THRU FILTER & DRAINS TO NEAREST FUNNEL FLOOR DRAIN 11 1 REACH-IN REFRIGERATOR 2-DOOR; SELF-CONTAINED 5.4 1/2 120 1 X 5-15P 48 12 1 PREP TABLE W/ SINK, 30"X48" W/ DRAWER EXTEND DRAIN TO NEAREST FLOOR SINK 1/2 16 1/2 16 FS 13 1 TRASH BIN 23-GAL. 14 1 UNDERCOUNTER REFRIGERATOR 3-DOOR; SELF-CONTAINED 4.0 1/4 120 1 X 5-15P 18 15 1 WALL MOUNT SHELF, 12"X72" 16 1 WORK TABLE, 36"X60" W/ DRAWER 17 1 ELECTRIC MULTI-COOK OVEN (1) GLASS DOOR 38.0 7.9 208 1 X 6-50P 48 18 - SPARE NUMBER 19 2 WALL MOUNT HAND SINK W/ WRIST HANDLE FAUCET ADJUST ROUGH-INS IF NEEDED FOR CLEARANCE REQ'TS 1/2 21 1/2 21 1-1/2 18 20 1 MICROWAVE OVEN 13.0 1.6 120 1 X 5-15 60 21 1 WALL MOUNT MICROWAVE SHELF W/ GROMMET 22 1 UNDERCOUNTER HEATED CABINET 1-DOOR 7.3 0.9 120 1 X 5-15P 18 23 1 WORK TABLE, 30"X36" W/ BUN PAN RACK 24 1 REFRIGERATED PREP TABLE 2-DOOR; SELF-CONTAINED 3.9 1/4 120 1 X 5-15P 18 25 - SPARE NUMBER 26 - SPARE NUMBER 27 1 TRASH BIN 23-GAL. 28 1 WIRE SHELVING, 18"X48" 5-TIER; BOLTED TO FLOOR 29 1 WIRE SHELVING, 18"X60" 5-TIER; BOLTED TO FLOOR 30 1 WIRE SHELVING, 18"X36" 5-TIER; BOLTED TO FLOOR 31 1 BAG-IN-BOX RACK, 21"X36" (1) SLANTED SHELF & (3) FLAT 10.0 120 1 X 5-15P 24 VERIFY W/ SODA VENDOR 1/2 16 32 1 WALK-IN COOLER SEE APPROVED SHOP DRAWINGS FOR DETAILS 10.0 120 1 X DFA INTERCONNECT AS REQ'D; VERIFY W/ APPROVED SHOP DRAWINGS 33 1 MOBILE SECURITY SHELVING, 18"X36" 3-TIER; 2-DOOR 34 1 UNDERBAR ANGLE FILLER DRAINBOARD SEE APPROVED SHOP DRAWINGS FOR DETAILS EXTEND DRAIN TO NEAREST FLOOR SINK; VERIFY W/ APPROVED FS SHOP DRAWINGS 35 1 UNDERBAR GLASS CHILLER W/ SLIDING LID 2.5 1/3 120 1 X 5-15P 12 36 1 UNDERBAR HAND SINK/DUMP SINK COMBO W/ SOAP & TOWEL DISPENSERS DIRECT DRAIN HAND SINK; EXTEND DUMP SINK DRAIN TO 1/2 12 1/2 12 1-1/2 10 FS NEAREST FLOOR SINK 37 1 UNDERBAR ANGLE FILLER DRAINBOARD SEE APPROVED SHOP DRAWINGS FOR DETAILS EXTEND DRAIN TO NEAREST FLOOR SINK; VERIFY W/ APPROVED FS SHOP DRAWINGS 38 1 UNDERBAR ANGLE FILLER DRAINBOARD SEE APPROVED SHOP DRAWINGS FOR DETAILS EXTEND DRAIN TO NEAREST FLOOR SINK; VERIFY W/ APPROVED FS SHOP DRAWINGS 39 1 UNDERBAR ICE BIN W/ SINGLE SPEED RAIL W/ SLIDING COVER & GARNISH RAIL EXTEND DRAIN TO NEAREST FLOOR SINK FS 40 1 UNDERBAR SODA GUN HOLDER SODA GUN BY VENDOR 41 1 UNDERBAR ANGLE FILLER DRAINBOARD SEE APPROVED SHOP DRAWINGS FOR DETAILS EXTEND DRAIN TO NEAREST FLOOR SINK; VERIFY W/ APPROVED FS SHOP DRAWINGS 42 1 UNDERBAR 3 COMPARTMENT SINK W/ SINGLE SPEED RAIL EXTEND DRAINS TO NEAREST FLOOR SINK; VERIFY CODE REQ'TS 1/2 12 1/2 12 FS W/ P.T. 43 1 UNDERBAR DRAINBOARD SEE APPROVED SHOP DRAWINGS FOR DETAILS EXTEND DRAIN TO NEAREST FLOOR SINK; VERIFY W/ APPROVED FS SHOP DRAWINGS  EQUIPMENT & UTILITIES SCHEDULE ELECTRICAL COLD WATER COLD WATER HOT WATER HOT WATER DIRECT DRAIN DIRECT DRAIN INDIRECT ITEM NO. AMPS VOLTS PHASE DIRECT PLUG NEMA QTY EQUIPMENT CATEGORY EQUIPMENT REMARKS KW HP ELEC REMARKS/PLUMBING REMARKS 44 1 BACK BAR COOLER, 96" 4-DOOR; REMOTE REFRIGERATION 2.0 120 1 X 5-15P 12 LIGHTS & FAN/EXTEND CONDENSATE DRAIN TO NEAREST FUNNEL FFD FLOOR DRAIN 45 1 WALL MOUNT DRIP TROUGH EXTEND DRAIN TO NEAREST FUNNEL FLOOR DRAIN FFD 46 LOT MILLWORK STORAGE - NIKEC NIKEC - BY OTHERS 47 1 SELF-SERVE REFRIGERATED MERCHANDISER GLASS SLIDING DOORS; SELF-CONTAINED 8.5 1/2 120 1 X 5-15P 24 48 - SPARE NUMBER 49 1 HOT FOOD COUNTER, 3-WELL 18.8 2.2 120 1 X 5-30P 18 EXTEND MANIFOLDED DRAIN TO NEAREST FLOOR SINK FS 50 2 WIRE SHELVING, 18"X48" 4-TIER; BOLTED TO FLOOR (VFY) 51 6 KEG/DUNNAGE RACK, 18"X48" FITS (3) HALF BARRELS 52 1 UNDERMOUNT RINSER STATION EXTEND DRAIN TO NEAREST FLOOR SINK 1/2 16 FS 53 1 WALL MOUNT DRAFT BEER TOWER, 6-TAP INTERCONNECT AS REQ'D 1.1A 1 SPLASH/WALL MOUNT PRE-RINSE FAUCET W/ 12" SWING ADD-ON FAUCET 1/2 16 1/2 16 1.1B 1 SPLASH MOUNT FAUCET 12" SWING W/ WRIST HANDLES 1/2 16 1/2 16 2A 1 WIRE WALL SHELF, 18"X36" 2B 1 WIRE WALL SHELF, 18"X48" 32A 1 WALK-IN COOLER COIL SEE APPROVED SHOP DRAWINGS FOR DETAILS 9.8 208 1 X DFA INTERCONNECT AS REQ'D; VERIFY W/ APPROVED SHOP FFD DRAWINGS/EXTEND CONDENSATE DRAIN TO NEAREST FUNNEL FLOOR DRAIN 32B 1 REMOTE WALK-IN COOLER CONDENSER SEE APPROVED SHOP DRAWINGS FOR DETAILS 5.9 3/4 208 3 X 24 INTERCONNECT AS REQ'D; VERIFY W/ APPROVED SHOP DRAWINGS; VERIFY LOCATION W/ ARCHITECT 44A 1 REMOTE BACK BAR COOLER CONDENSER SEE APPROVED SHOP DRAWINGS FOR DETAILS * 1/3 * * X 24 INTERCONNECT AS REQ'D; VERIFY W/ MFR; VERIFY LOCATION W/ ARCHITECT 53A 1 DRAFT BEER POWER PACK AIR-COOLED; W/ FLOOR STAND 12.5 1/3 120 1 X 5-20P DFA DROP CORD FROM ABOVE (VERIFY LOCATION & ELECTRICAL IW PLAN)/EXTEND OVERFLOW DRAIN TO NEAREST INDIRECT WASTE 53B.1 1 DRAFT REGULATOR PANEL 1-LINE 53B.2 1 DRAFT REGULATOR PANEL 2-LINE AGENDA ITEM: Q MEETING DATE: March 11, 2026 ITEM: Mowing Services for Property Maintenance Code Compliance—Renewal Agreement ($33,000) OBJECTIVE: Contract for mowing services to cut grass and weeds on private property when owners fail to comply property maintenance code. RECOMMENDATION: Renew the existing agreement for property maintenance code compliance mowing services with Alvarez Inc., in accordance with the contract’s two-year term with the option for a one-year re- newal. The city’s property maintenance code prohibits uncut grass eight inches or more in height or nox- ious weeds to remain on any property. If the property owner fails to cut the high grass or remove the noxious weeds within seven days of being notified to do so, the city initiates additional en- forcement measures. These measures include issuing a final, 48-hour warning to the property owner to cut the grass or weeds. If the offending conditions remain, a $50 citation is issued and, if necessary, the city directs contractor to mow the property. Alvarez Inc. was awarded a contract with the city in March 2024 with the option of a one-year renewal for the 2026 mowing season. BACKGROUND The city adopts by reference the International Property Maintenance Code, 2021 edition (IPMC) with local amendments that are codified in Chapter 16.12 of the Elgin Municipal Code. Other regulations like the city’s zoning ordinance, residential building code and fire code govern the use of property, but the majority of regulations are derived from the IPMC and Elgin’s local amendments. Section 302.4 of the IPMC, as amended by Ordinance No. G21-25, states that: All premises and exterior property shall be maintained free from weeds in excess of eight (8) inches. The term “weeds” means all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, the term “weeds” shall not include cultivated flowers or gardens. All noxious weeds shall be prohibited. Noxious weeds shall include the  following: ragweed, giant and common; Canada thistle, all varieties; perennial sow thistle; European bind weed; hoar cress; leafy spurge; and Russian knapweed. The city employs a full-time employee to monitor grass and weed growth on private properties within the city who also performs administrative support duties for the department when not engaging in monitoring duties. When violation is observed, a violation notice is issued at the property that affords the resident or business a chance to mow the grass or remove the weeds. If the property owner does not comply, the city is authorized to deploy its contractor to mow the grass or weeds. The property owner is then in turn billed for the services plus an administrative fee equal to the amount of the services. If the fees remain unpaid, a lien can be filed against the property. Over the last two growing seasons (April through November), 1,037 properties were found to be in violation of this regulation. During the 2024 season, 480 properties received vio- lation notices. Last year in 2025, there were 557 properties that received violation notices. OPERATIONAL ANALYSIS The neighborhood services department implemented new enforcement policies in 2019 that re- main in effect today. These policies emphasize education and voluntary compliance over punitive measures. During the 2024 and 2025 seasons, the department experienced a sixteen percent increase in the total number of cases from previous years. Ticket issuance increased from eleven to 58 during that time, indicating the city issued more tickets while handling more cases, but at the same time, the department saw an eighteen percent reduction in the need to contract mow- ing services, indicating improved property owner compliance. The incidence of cases in 2024 to 2025 cases are presented below. The cases have been clustered to make viewing the map easier. In general, the instances of complaints are spread across the city. Yellow and red clusters show where the highest concentration of cases occurred over the last two growing seasons. 2 For the 2024 growing season, 17.3 percent of cases were field observations, and 82.7 percent came from residents to 311 (phone, email, in-person, portal, etc.) In 2025, 22.5 percent were field observations, and 77.5 percent were reported to 311. 3 A diagram of the enforcement practices is presented below. INTERESTED PERSONS CONTACTED Alvarez, Inc. FINANCIAL ANALYSIS The city contracts for this work on an “as-needed” basis, bids. The bid prices per hour were $185- $220, for work performed by hand or with hand equipment, such as a weed whacker, any walk behind lawn equipment is billed at the $185 hourly rate. Work performed with a tractor is billed at the $220 hourly rate. The city’s mowing contractor charges for time spent mowing at each property and does not bill for any time traveling to or from a property. The fees for services are not expected to exceed $33,000 in 2026. The amount paid to the contractor over the last two seasons is $26,893 in 2024 (95 properties did not comply and mowing services used) and $16,310 in 2025 (78 properties did not comply and mowing services used). BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-1606-717.45-99 N/A $33,000 $33,000 LEGAL IMPACT None. 4 ALTERNATIVES While the city council may choose to reject this one-year extension, there is insufficient staff to perform these services in-house, which would require the organization to seek bids for services. NEXT STEPS Execute the one-year renewal for the 2026 season with Alvarez Inc. Originators: Nickon Etminan, Procurement Manager Jennifer Phillips, Neighborhood Services Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Signed and Executed 2024 Contract with Alvarez Inc., dated March 22, 2024. Bid 24-005 Contractual Agreement Grounds Maintenance Code 5