· Posted: Date: _____ Time: _ Place: _ Tina Touchette Initials: _____ Village Clerk 100 Parkers Mill • Oswego, Illinois 60543 (630

Posted: Date: ___________ Time: ___________ Place: ___________ Tina Touchette Initials: ___________ Village Clerk

100 Parkers Mill • Oswego, Illinois 60543 (630) 554-3618 • Fax: (630) 554-3306

Website: http//www.oswegoil.org

NOTICE AND AGENDA REGULAR MEETING

OSWEGO VILLAGE PRESIDENT AND BOARD OF TRUSTEES April 14, 2015

at 7:00 P.M. (or immediately following the Committee of the Whole Meeting) Location: Oswego Village Hall, 100 Parkers Mill, Oswego, IL

Next Ordinance Number 15-20; Next Resolution Number 15-R-24

A. CALL TO ORDER AND PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

B. ROLL CALL C. PUBLIC FORUM D. RECOGNITIONS / APPOINTMENTS E. STAFF REPORTS

1. Village Attorney 2. Village Administrator 3. Chief of Police 4. Director of Public Works/PE 5. Village Engineer- Not Attending 6. Community Development Director 7. Building and Zoning Manager 8. Finance Director 9. Assistant Village Administrator/HR 10. Village Clerk 11. Community Relations Manager 12. Economic Development Director

F. CONSENT AGENDA 1. Minutes – March 31, 2015 Committee of the Whole Meeting March 31, 2015 Regular Village Board Meeting 2. Bill List Dated April 14, 2015 in the Amount of $185,320.05. 3. Resolution Authorizing the Execution of an Agreement Between the Village of Oswego and

Oswego Police Department Sergeants. (Consider for Approval) 4. Resolution Authorizing the Execution of an Intergovernmental Agreement with the Illinois

Department of Transportation for the Construction of Regulatory and Warning Signs, Including Two Flashing Beacons and Two Vehicle Speed Feedback Signs on Woolley Road

Agenda of a Regular Meeting Oswego Village President and Board of Trustees April 14, 2015 Page 2

with the Village’s Share of the Project Costs Estimated to be $2,878.30. (Consider for Approval)

5. Resolution Authorizing the Execution of a Second Amendment to the Lease Agreement with New Cingular Wireless PCS, LLC for Equipment Installed on the Ogden Falls Water Tower. (Consider for Approval)

6. Ordinance Amending Title 1 Chapter 19 Section 15 (C) Purchases-Spending Procedures; Purchasing Policy Revision. (First Read of Ordinance, Consider Waiving Second Read and Approving)

7. Ordinance Amending Title 9 Chapter 4 Section 10 (A) and 16 (B); Parking Restrictions and Overnight Parking-Ogden Falls Subdivision. (First Read of Ordinance, Consider Waiving Second Read and Approving)

8. Ordinance Increasing a Class “A” Liquor License for Pd’s Wines & Spirits, 1236 Douglas Road. (First Read of Ordinance, Consider Waiving Second Read and Approving) 9. Resolution Authorizing the Execution of an Intergovernmental Agreement for

Transportation Alternatives Program (KC-TAP) Funding to the Village of Oswego to Construct Sidewalks and Multi-Use Trails Along Route 34 in Oswego. (Consider for Approval)

G. OLD BUSINESS

H. NEW BUSINESS 1. Annual Budget for Fiscal Year Beginning May 1, 2015 and ending April 30, 2016 Public

Hearing. Attachment: Memo Action: Open Public Hearing and Close

I. PRESIDENT’S REPORT 1. Proclamation - Building Safety Month, May 2015 2. Proclamation - Older Americans Month, May 2015 3. Proclamation - Motorcycle Awareness Month, May 2015 4. Proclamation - 46th Municipal Clerks Week, May 3-9, 2015 5. Proclamation - Police Week, May 10-16, 2015 6. Proclamation - Public Works Week, May 17-23, 2015

J. CORRESPONDENCE K. STANDING COMMITTEE REPORTS L. PRESIDENT / TRUSTEE INITIATIVES M. CLOSED SESSION

Pending and Probable Litigation [5 ILCS 120/2(c)(11)] Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Personnel

[5 ILCS 120/2(c)(1)] Collective Bargaining, Collective Negotiating Matters, Deliberations Concerning Salary Schedules

[5 ILCS 120/2(c)(2)] Sale, Lease, and/or Acquisition of Property [5 ILCS 120/2(c)(5) & (6)]

Agenda of a Regular Meeting Oswego Village President and Board of Trustees April 14, 2015 Page 3 N. POSSIBLE ACTION OF CLOSED SESSION ITEMS INCLUDING:

Pending and Probable Litigation [5 ILCS 120/2(c)(11)] Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Personnel

[5 ILCS 120/2(c)(1)] Collective Bargaining, Collective Negotiating Matters, Deliberations Concerning Salary Schedules

[5 ILCS 120/2(c)(2)] Sale, Lease, and/or Acquisition of Property [5 ILCS 120/2(c)(5) & (6)]

O. CALENDAR UPDATE

Wine on the Fox- May 2-3, 2015 Oswego Community Garage Sale- May 8-9, 2015

Location: Oswego Village Hall, 100 Parkers Mill, Oswego, IL Committee of the Whole Meeting April 21, 2015 6:00 p.m. Regular Village Board Meeting April 21, 2015 7:00 p.m. Historic Preservation Commission Meeting April 22, 2015 7:00 p.m. Administrative Adjudication April 23, 2015 5:00 p.m. Special Village Board Meeting May 5, 2015 5:30 p.m. Committee of the Whole Meeting May 5, 2015 6:00 p.m. Regular Village Board Meeting May 5, 2015 7:00 p.m. Plan Commission Meeting May 7, 2015 7:00 p.m. ECO Commission Meeting May 11, 2015 6:30 p.m. Cultural Arts Commission Meeting May 13, 2015 6:00 p.m. Oswego Public Works Facility, 100 Theodore Drive, Oswego, IL ECO Reuse and Recycling Extravaganza April 18, 2015 8:00 a.m. ECO Electronics Recycling May 9, 2015 8:00 a.m. Oswego Law Enforcement Center, 3525 Route 34, Oswego, IL Police Commission Meeting May 7, 2015 5:00 p.m. Police Pension Board April 23, 2015 3:15 p.m. P. ADJOURNMENT

MINUTES OF A COMMITTEE OF THE WHOLE MEETING

OSWEGO VILLAGE PRESIDENT AND BOARD OF TRUSTEES

OSWEGO VILLAGE HALL

100 PARKERS MILL, OSWEGO, ILLINOIS

March 31, 2015

CALL TO ORDER

President Brian LeClercq called the meeting to order at 6:01 p.m. ROLL CALL

Physically Present: President Brian LeClercq; Trustees: Tony Giles, Gail Johnson, Terry Michels, Pam Parr and Judy Sollinger. Absent: Trustee Scott Volpe. Staff Present: Steve Jones, Village Administrator; Christina Burns, AVA/HR Director; Tina Touchette, Village Clerk; Michele Brown, Community Relations Manager; Jennifer Hughes, PE/Public Works Director; Rod Zenner, Community Development Director; Mark Horton, Finance Director; Vijay Gadde. Economic Development Director; Billie Robinson, Asst. Finance Director; Nick Sikora, Deputy Chief; and Karl Ottosen, Village Attorney.

PUBLIC FORUM

Public Forum was opened at 6:02 p.m. There was no one who requested to speak; the Public Forum was closed at 6:02 p.m. OLD FIRE STATION, 59 S. MAIN STREET

The property at 59 S. Main Street has been vacant for many years. The owners of Oswego Cyclery (AHB 345 Enterprises, LLC) purchased the property in January with the intention of developing the property into a “Healthplex”. AHB inquired into incentive programs from the Village. Village staff made AHB 345 Enterprises, LLC aware of the Revolving Loan Fund program and the Façade Grant program. The Village received an application for the Revolving Loan Fund in the amount of $150,000 and an application for a Façade grant in the amount of $20,000. AHB 345 Enterprises, LLC also requested funds for reconstructing the sidewalk streetscape within the public right of way on the Main Street side. Currently, driveways exist where the sidewalks would be. The Finance, Community Development and Economic Development departments along with the Historic Preservation Commission evaluated the applications and provided their recommendations. 1. REVOLVING LOAN FUND REQUEST

The fund was established to provide financial assistance to new or expanding businesses with the Village. The application submitted by AHB 345 Enterprises, LLC meets all the criteria of the program. The project’s estimated costs are $750,000. The amount requested is less than the eligible amount to be loaned under the program limits. The loan will be for a 10-year period at a fixed interest rate of 3% with payments remitted monthly. Collateral for the loan will be in the form of personal guaranties from AHB 345 Enterprises, LLC. The request meets the factors of the Economic Incentive Policy. Staff recommended approval.

2. FAÇADE GRANT REQUEST

The Historic Preservation Commission reviewed the application at their January 14, 2015 meeting and recommended approving the grant for 50% of eligible costs up to a maximum of $10,000 per façade (Main Street and Alley). The Grant would be a maximum of $20,000 with the condition the applicant would come back to a future HPC meeting to present selected fixtures and finishes to confirm period relevance prior to installation/construction. Staff noted funds are available in this budget year.

Both the Revolving Loan Fund and the Façade Grant meets the factors of the Economic Incentive Policy.

3. SIDEWALK AND LANDSCAPE

The estimated costs to complete the requested sidewalk construction equals $14,000. Project will be put out to bid by the applicant. Board noted the cost should not exceed $14,000. Board and staff discussion focused on the total amount of the revolving loan; amount of funds remaining in the revolving loan fund; whether AHB 345 Enterprises, LLC could get a traditional loan for the work needed; traditional loan was received for the purchasing of the property; supporting the development; collateral is put up as part of the revolving loan; Village will be requesting personal guarantees; façade grant will be split into $10,000 per façade; funds still remain in the Façade Grant program; sidewalk and streetscape improvements should not exceed $14,000; sidewalk/streetscape work to be put out to bid; whether the Village or AHB 345 Enterprises, LLC should take the lead on the bid; Village Board would prefer AHB 345 Enterprises, LLC takes the lead. There was no further discussion. FINAL BUDGET REVIEW Director Horton presented a brief overview of the draft budget discussed at the previous three Committee of the Whole meetings. Several revisions have been made due to discussions and decisions made at the previous meetings. A summary of the changes was presented to the Board. Factors:

Maintain the current service levels with current staffing levels Keep expenditures within the current revenue streams Sustainability and planning for the future Improving economic development and residential growth within the Village

Challenges:

Revenues 83% of tax revenue is received from the State of Illinois Costs of future capital projects Growth and expansion increases revenue streams and places additional burden on existing

services and staff Revenues:

Projected total revenue= $30.3 million Taxes are the largest revenue source accounting for 53% of total revenues 1% greater than FY 2015 projected amount 4% greater than FY 2015 Budget Charges for services are the second largest revenue source, accounting for 27% of the total

revenues Sales tax increasing annually; number one revenue resource General merchandise businesses are now the largest source of revenue

Expenditures:

Expenses are increasing $100,000 compared to FY 2015 Budget Purchase of FOIA software program= $3,500 Increase in building maintenance=$19,000 Reduction in legal services= $35,000 Reduction in Park-N-Ride=$90,000 General insurance liability claims increased across all departments Increase in mosquito spraying contract=$96,000 Snow removal increased=$33,000

Outsource contractual mowing of right-a-way=$202,000 New financial, work management and adjudication software=$241,500 Increase in KenCom dispatching =$98,000 Budgeted six capital improvement projects=$913,900

Water & Sewer:

Fees account for 98% of all revenues received for maintaining and operating the system Experiences annual increases due to resident growth FY 2009- 3.3% decrease in revenue Last rate increase was in July 2010= $0.20 Funds allocated to the Capital Fund for the Water Study

Income Tax:

Increased annually due to growth, until FY 2011 when receipts decreased 1.8% FY 2015 revenue estimated to decrease 2.8% due to Village receiving less per capita; effect

of population changes within the State State legislature annually discusses changes to the distribution of the LGDF; could possibly

lower the per capita amount the Village would receive MFT:

Supports the road program Revenue remains level every year; $500,000-$600,000 Revenue used annually

EAV:

Increased at an average rate of 15.8% between 2000 and 2009 Declined 4.3% in 2010 Estimated to increase slightly for 2014 Affects the tax rate

CIP:

$2.9 million in capital improvements is included within the General Fund, Motor Fuel Tax Fund and Water/Sewer Capital Fund budgets

Future Debt Service:

Paying the same amount each year Fiscal tax rate calculated based on 2014 EAV

A public hearing on the draft budget will be held on April 14, 2015 with the adoption of the budget on April 21, 2015. There was no further discussion. CLOSED SESSION

No Closed Session was held. ADJOURNMENT

The Committee of the Whole meeting adjourned at 6:31 p.m.

Tina Touchette Village Clerk

MINUTES OF A REGULAR MEETING OF THE OSWEGO VILLAGE PRESIDENT AND BOARD OF TRUSTEES

OSWEGO VILLAGE HALL 100 PARKERS MILL, OSWEGO, ILLINOIS

March 31, 2015

CALL TO ORDER AND PLEDGE OF ALLEGIANCE President Brian LeClercq called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance to the Flag of the United States of America. ROLL CALL Physically Present: President Brian LeClercq; Trustees: Tony Giles, Gail Johnson, Terry Michels, Pam Parr and Judy Sollinger. Absent: Trustee Scott Volpe. Staff Present: Steve Jones, Village Administrator; Christina Burns, AVA/HR Director; Tina Touchette, Village Clerk; Jennifer Hughes, PE/Public Works Director; Michele Brown, Community Relations Manager; Rod Zenner, Community Development Director; Mark Horton, Finance Director; Vijay Gadde, Economic Development Director; Nick Sikora, Deputy Chief; and Karl Ottosen, Village Attorney. PRESIDENT’S REPORT 1. Resolution Supporting Governor Rauner’s Turnaround Agenda. (Review and Discussion) President Brian LeClercq addressed the Board concerning Governor Rauner’s Turnaround agenda. He stated himself and other Mayors met with the Governor before and during the drafting of the Governor’s Turnaround agenda. President LeClercq has concerns with the LGDF. The Board passed Resolution No. 15-R-21 at the March 17, 2015 Village Board meeting urging the Governor not take funding from the Village. President LeClercq noted he has no intentions of passing the Turnaround agenda and urged the Board to review the agenda and get questions to Administrator Jones. Metro West formed a task force and has taken no action on the Turnaround agenda resolution. Administrator Jones noted the State of Illinois asked IML to pass the resolution along to all municipalities. President LeClercq thanked those who shared information regarding the Turnaround agenda. Additional discussion focused on whether the resolution was received with the Village’s information already included; resolution was not customized; resolution was received as a fill in the blank; becoming more informed on the Turnaround agenda; why the Village has the resolution; being more informed on what is going on with the State of Illinois; impacts to the community; unfunded mandates. PUBLIC FORUM Public Forum was opened at 7:10 p.m. Scott Roscoe, Aurora IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He is a union member and displeased with the Right to Work resolution. He noted only States can pass Right to Work, and to support free bargaining. Representative Bill Foster addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He stated there is a large amount of information relating to Right to Work. These are State issues, not local issues. If there is no fair level of wages, there will not be strong economic growth. President Leclercq thanked Rep. Foster for attending. Russell Pietrowiak, Oswego IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He thanked the Board for their work and efforts and stated the only good for the resolution is for it to be recycled.

Brian Fauth, Oswego, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He stated he has worked as a teacher for the school district for 17 years. Right to Work is for dividing communities and people’s rights do not matter. He asked the Board to vote “no” to the resolution. Joe West, Oswego, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He stated he is a 30-year union member and opposed to Right to Work. Training creates a skilled labor force. Hale Landes, Naperville, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He is a 28-year union member and is against the resolution and Right to Work. If the Board was to approve the resolution, it would be breaking laws under the National Labor Relations Act. He stated Governor Rauner wants to do away with Fair Share Fees. Dirk Enger, Winfield, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He is a union member and former County Board member in DuPage County. He provided a packet of information to the Board and read a portion of the Attorney General’s opinion stating it is illegal to adopt right to work zones as proposed by the Governor. He stated the Village’s passing of the resolution would be illegal. He stated Right to Work is illegal and the Governor and staff have not provided stats. Ken Edwards, Chicago, IL, as an attorney representing Local 150, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He represents the Village of Oswego Public Works union members. He asked the Board to take the same stand as the Mayor of Chicago by not having anything to do with the resolution. Amanda Mancke addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. She is a teacher for Oswego 308. She asked why the Board would adopt a Right to Work resolution. She read stats on Right to Work and asked all to continue to promote good wages and worker’s safety. Gary Karafiez, Lisle, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He stated skilled labor isn’t cheap and cheap labor isn’t skilled. He asked why we do not care about buildings being built. Rick Dunlap, Countryside, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He opposes the resolution as it hurts the middle class workers. He stated we should be focused on good wages. Brian Dahl, Aurora, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He stated he had serious concerns with the proposal. He noted we cannot opt out of prevailing wage or adopt Right to Work. He asked the Board to consider the cost in defending infringement. Right to Work is wrong for employees, wrong for the economy and drives down wages. Steve Hernandez, Oswego, IL, addressed the Board regarding the Governor’s resolution supporting the Turnaround agenda. He asked the Board to not pass Right to Work. There was no one else who requested to speak; the Public Forum was closed at 7:46 p.m. STAFF REPORTS Village Attorney No Report

Village Administrator No Report Chief of Police No Report Public Works Brush pick-up starts on Monday and will continue through October. Brush will be picked up in two zones with the North side picked up first. Village Engineer No Report Community Development The Building and Zoning Department has received the designation of a 100% Certified Department from the International Code Council. All village inspectors and technical staff have earned professional certifications from the International Code Council (ICC); which means 100% of the Village’s building inspection staff is certified by ICC. Oswego is the 17th community in Illinois to achieve this goal. Building and Zoning Manager No Report Finance No Report Assistant Village Administrator/HR No Report Village Clerk No Report Community Relations No Report Economic Development Director No Report CONSENT AGENDA 1. Minutes – March 17, 2015 Committee of the Whole Meeting

March 17, 2015 Regular Village Board Meeting Closed Session Minutes March 17, 2015 (Approve, but not Release)

2. Bill List Dated March 31, 2015 in the Amount of $582,271.83. 3. Ordinance Granting a Site Plan Approval and Plat of Easement for Ogden Falls Unit 4, Lots 35-39; Premiere Gymnastics, 2066 Mitchell Drive (First Read of Ordinance, Consider Waiving Second Read and Approving) Ordinance No. 15-12 4. Ordinance Amending Title 2 Boards and Commissions; Creating an Economic Development Commission (First Read of Ordinance, Consider Waiving Second Read and Approving) Ordinance No. 15-13 5. Ordinance Decreasing a Class “A” Liquor License for Vincitore Wine Cellar, 1236 Douglas Road. (First Read of Ordinance, Consider Waiving Second Read and Approving) Ordinance No. 15-14 6. Resolution Authorizing the Final Acceptance of Public Improvements for Orchard Grove, Letter of Credit No. 126; Effective March 17, 2015. (Consider for Approval) Resolution No. 15-R-22 Letters of credit are monitored weekly. 7. Ordinance Amending Title 3 Chapter 7, Alcoholic Beverages. (First Read of Ordinance, Consider Waiving Second Read and Approving) Ordinance No. 15-15 8. Ordinance Decreasing a Class “I” Liquor License for Fox Valley Winery, 5600 Route 34. (First Read of Ordinance, Consider Waiving Second Read and Approving) Ordinance No. 15-16 9. Ordinance Increasing a Class “N” Liquor License for Fox Valley Winery, 5600 Route 34. (First Read of Ordinance, Consider Waiving Second Read and Approving) Ordinance No. 15-17

A motion was made by Trustee Sollinger and seconded by Trustee Parr to approve the Consent Agenda; Approving the Minutes from March 17, 2015; the Bill List Dated March 31, 2015 in the Amount of $582,271.83; and waiving second read of ordinance and approving the following ordinances: Ordinance No. 15-12; Ordinance Granting a Site Plan Approval and Plat of Easement for Ogden Falls Unit 4, Lots 35-39; Premiere Gymnastics, 2066 Mitchell Drive. Ordinance No. 15-13; Ordinance Amending Title 2 Boards and Commissions; Creating an Economic Development Commission. Ordinance No. 15-14; Ordinance Decreasing a Class “A” Liquor License for Vincitore Wine Cellar, 1236 Douglas Road. Ordinance No. 15-15; . Ordinance Amending Title 3 Chapter 7, Alcoholic Beverages. Ordinance No. 15-16; Ordinance Decreasing a Class “I” Liquor License for Fox Valley Winery, 5600 Route 34. Ordinance No. 15-17; Ordinance Increasing a Class “N” Liquor License for Fox Valley Winery, 5600 Route 34. And approving the following resolutions: Resolution No. 15-R-22; Resolution Authorizing the Final Acceptance of Public Improvements for Orchard Grove, Letter of Credit No. 126; Effective March 17, 2015. Aye: Tony Giles Gail Johnson

Terry Michels Pam Parr Judy Sollinger

Nay: None Absent: Scott Volpe The motion was declared carried by omnibus roll call vote with five (5) aye votes and zero (0) nay votes. OLD BUSINESS 1. Ordinance Granting a Two-Year Final Extension for the Final Approval of a Planned Unit

Development and Subdivision Plat for Chan’s and Chang’s Investments, LLC; Parksmith Run Subdivision.

Attachment: Memo and Ordinance Action: Second Read of Ordinance, Consider

Waiving Third Read and Approving Staff has sent emails and called Chan’s and Chang’s Investments, LLC. Regarding the final extension. Staff has not received an answer back. A motion was made by Trustee Michels and seconded by Trustee Sollinger Granting a Two-Year Final Extension for the Final Approval of a Planned Unit Development and Subdivision Plat for Chan’s and Chang’s Investments, LLC; Parksmith Run Subdivision. Aye: Tony Giles Gail Johnson


Nay: None Absent: Scott Volpe The motion was declared carried by roll call vote with five (5) aye votes and zero (0) nay votes.

NEW BUSINESS 1. Resolution Authorizing the Execution of a Revolving Loan Fund Agreement in the Amount of $150,000, a Façade Grant in the Amount of $20,000 and Authorizing Reimbursement for Sidewalk/Streetscape Improvements in the Amount of $14,000 with AHB 345 Enterprises, LLC for the Development Project at 59 S. Main Street.

Attachment: Memo and Resolution Action: Consider for Approval

A motion was made by Trustee Johnson and seconded by Trustee Sollinger Authorizing the Execution of a Revolving Loan Fund Agreement in the Amount of $150,000, a Façade Grant in the Amount of $20,000 and Authorizing Reimbursement for Sidewalk/Streetscape Improvements in an Amount Not to Exceed $14,000 with AHB 345 Enterprises, LLC for the Development Project at 59 S. Main Street. Aye: Tony Giles Gail Johnson


Nay: None Absent: Scott Volpe The motion was declared carried by roll call vote with five (5) aye votes and zero (0) nay votes. 2. Ordinance Granting a Final Planned Unit Development and Minor Amendment to the Oswego Commons Final Planned Unit Development for Lot 18; GMX Real Estate Group LLC, 2800 Route 34.

Attachment: Memo and Ordinance Action: First Read of Ordinance, Consider Waiving

Second Read and Approving A motion was made by Trustee Sollinger and seconded by Trustee Michels Granting a Final Planned Unit Development and Minor Amendment to the Oswego Commons Final Planned Unit Development for Lot 18; GMX Real Estate Group LLC, 2800 Route 34. Aye: Tony Giles Gail Johnson


Nay: None Absent: Scott Volpe The motion was declared carried by roll call vote with five (5) aye votes and zero (0) nay votes. PRESIDENT’S REPORT President LeClercq read the following Proclamations: Kendall County Rain Barrel Month, May 2015 CORRESPONDENCE There was no correspondence presented. STANDING COMMITTEE REPORT No Report.

PRESIDENT / TRUSTEE INITIATIVE Trustee Tony Giles- Asked staff if they could contact IDOT regarding safer pedestrian crossing at the intersection of Routes 30 & 34 by LA Fitness. Currently there is no way for residents to cross the roadway. Could a button be installed and/or striping be applied. Staff to follow-up. CLOSED SESSION No Closed Session was held. ADJOURNMENT A motion was made by Trustee Michels and seconded by Trustee Sollinger to adjourn the meeting; upon a voice vote with all remaining members present voting aye, the meeting was adjourned at 8:00 p.m.

Tina Touchette Village Clerk

Fund/Department: Vendor Name: Description: Amount: Department Totals:

General Fund:

Corporate:

AFLAC AFLAC INSURANCE 3,477.34

APWA-CHICAGO METRO CHAPTER APWA CONF & EQUIPMENT SHOW 90.00

AUTOSMART CONSIGNMENT SALE 997.50

BURNS, CHRISTINA MILEAGE REIMBURSEMENT 77.28

CALL ONE PHONE SERVICE 101.47


DICK'S SPORTING GOODS, INC. EMPLOYEE SPOTLIGHT GIFT CARD 25.00

HOWE, AARON MILEAGE REIMBURSEMENT 43.58

I.U.O.E. LOCAL 150 UNION DUES-3/27/15 659.34

I.U.O.E. LOCAL 150 UNION DUES-3/27/15 211.86

I.U.O.E. PAC UNION DUES-3/27/15 48.00

KUSTA, EDWARD REIMBURSE: OVERPYMT LIENS 40.00

LEAF COPY MACHINE LEASE 60.00


LEAF LEASE COPY MACHINES 60.00


LECLERCQ, BRIAN PAYMENT CELL PHONE-MARCH 2015 55.00

LECLERCQ, BRIAN PAYMENT CELL PHONE-APRIL 2015 55.00

METRO WEST COG BOARD MEETING 60.00

METRO WEST COG LEGISLATIVE BREAKFAST 75.00

MICHAEL'S BLACK RIBBON 13.37

NIU/ISC-SHRM REGISTRATION: SHRM ESSENTIALS 600.00

NIU-IAMMA REGISTRATION: IAMMA CONFERENCE 30.00

ORKIN PEST CONTROL PEST CONTROL-VILLAGE HALL 338.80

PAY.GOV SPECIAL CENSUS-PREPARE EST FEE 200.00

RADON MANAGEMENT REFUND PERMIT: JOB CANCELLED 96.00

SOUTHWEST AIRLINES AIRFARE: 2015 RECON 337.10

SUBURBAN LAW ENFORCEMENT ADMIN IL LEAP MAY MEETING 60.00

TRUSTMARK VOLUNTARY BENEFIT TOWNSHIP INSURANCE-MARCH 2015 99.42

TRUSTMARK VOLUNTARY BENEFIT ACCIDENT INSURANCE-MARCH 2015 671.64

TRUSTMARK VOLUNTARY BENEFIT LIFE INSURANCE-MARCH 2015 1,349.04

UNITED STATES POSTAL SERVICE POSTAGE 1.96


VERIZON WIRELESS PHONE SERVICE 120.14

VERIZON WIRELESS IPAD 17.13

VERIZON WIRELESS PHONE BILL 120.14

VISION SERVICE PLAN VISION INSURANCE 200.93

VISION SERVICE PLAN VISION INSURANCE 1,460.23

WAREHOUSE DIRECT PAPER TOWELS, TOILET TISSUE 100.36

WAREHOUSE DIRECT LABEL MAKER REFILLS 4.71

WAREHOUSE DIRECT PAPER 26.92

WAREHOUSE DIRECT PUSH PINS, INDEX CARDS 9.14

Corporate Total: 12,776.11

Building & Zoning:



FISHER, MICHAEL REIMBURSE MILEAGE-SBOC SEMINAR 30.82

FOX, RON REIMBURSE: SSBOA MILEAGE 62.10

GOVTEMPSUSA LLC BZ MANAGER TEMP: PAHNKE 1,960.00





JUSTIZ, HECTOR MILEAGE REIMBURSE: CODE EXAM 57.93

JUSTIZ, HECTOR REIMBURSE: SSBOA MILEAGE/FEE 47.52

KENDALL COUNTY RECORDER LIEN RELEASE: 449 BLUEGRASS 49.00

KENDALL COUNTY RECORDER LIEN RELEASE: 421 BLUE RIDGE D 49.00



MORPHEY, RICK REIMBURSE: PLUMBING TEST 175.00

MORPHEY, RICK MILEAGE REIMBURSE: SBOC 44.85

THOMPSON ELEVATOR INSPECTION ELEVATOR REINSPECT/CERTIFICATE 50.00


Village of OswegoBill List

April 14, 2015



April 14, 2015


VERIZON WIRELESS IPADS 34.26




Building & Zoning Total: 10,070.92

Community Development:



HR GREEN, INC. ENGINEER-SUMMER GATE @ SOUTHBURY 126.25

IL HOUSING COUNCIL REGISTRATION FEE: CONFERENCE 225.00



TIGERDIRECT COMPUTER CABLE 27.73



VERIZON WIRELESS LAP TOP 17.13




Community Development 919.75

Community Relations:

BERGERON, MICHELE REIMBURSE: STORAGE TOTES 42.93

BERGERON, MICHELE MILEAGE REIMBURSEMENT 26.62










YORKVILLE POSTMASTER PERMIT #7 RENEWAL 220.00

Community Relations Total: 421.62

Economic Development:




UNIVERSITY OF CHICAGO PARKING PARKING ICSC PROGRAM 10.00




Economic Development: 127.96

Road and Bridge:

APWA-CHICAGO METRO CHAPTER ADA TRANSITION PLAN SEMINAR 70.00

APWA-CHICAGO METRO CHAPTER CHAPTER AWARDS LUNCHEON 60.00

BUCKEYE WESTERN STAR ACCELERATOR PEDAL ASSEMBLY 442.69


CERTIFIED LABORATORIES FORMING GREASE 236.97

COFFMAN TRUCK SALES, INC TOW TRUCK 262.50


COMMONWEALTH EDISON CO 1000 STATION DR: PARK & RIDE 212.67

COMMONWEALTH EDISON CO MASTER ACCOUNT: STREETLIGHTS 2,805.50

DAVIS, STEVE REIMBURSE MAILBOX DAMAGE 75.00

DOORS BY RUSS REPAIR SALT DOME 150.00

FIRST PLACE RENTAL OIL:CHAIN SAWS & BAR 43.96

FLEETPRIDE TAIL LIGHT HOUSING 30.84

FOLISI, KELLY REIMBURSE: MAILBOX DAMAGE 75.00

FROST ELECTRIC COMPANY, INC. LIGHT LOCATING 330.00

FROST ELECTRIC COMPANY, INC. LAMPS, BALLASTS, BATTERIES 3,988.00

GRAINCO FS, INC. DIESEL GOLD 172.61

GRAINCO FS, INC. GASOLINE 212.87





April 14, 2015


JOHNSON, JENNIFER REIMBURSE: MAILBOX DAMAGE 75.00

JUST SAFETY, LTD RESTOCK MEDICINE CABINET 93.50

KOEPKE, BETH REIMBURSE: MAILBOX DAMAGE 75.00


MEADE ELECTRIC COMPANY, INC CLEANING TRAFFIC SIGNAL LENSES 920.82

MEADE ELECTRIC COMPANY, INC TRAFFIC SIGNAL LOCATE 200.16

MEADE ELECTRIC COMPANY, INC TRAFFIC SIGNAL LOCATE 375.63

MENARD, INC. ANTI-FREEZE 16.02

NANO, CHRISTINA REIMBURSE: MAILBOX DAMAGE 75.00

QUALITY FLAGS, INC FLAGS 996.95

R.L. WAGNER ENTERPRISES DE-ICING INSTALLATION 3,925.00

SAUBER MFG. CO. ANNUAL AERIAL & POWER INSPECT 232.00

SPRAYER SPECIALTIES, INC. REPLACEMENT PARTS DE-ICING 54.60

TIGERDIRECT TONER 152.50




WAREHOUSE DIRECT LAUNDRY DETERGENT 41.05

WAREHOUSE DIRECT ADDRESS LABELS & GOLD PAPER 20.88

WEST SIDE TRACTOR SALES CO ALTERNATOR 351.69

WEST SIDE TRACTOR SALES CO FUEL LINE WASHER 12.32

WEST SIDE TRACTOR SALES CO ELECTRICAL DIODE 28.04

WEST SIDE TRACTOR SALES CO RETURN: ALTERNATOR (351.69)


Road and Bridge Total: 18,959.11

Finance:


FIBERLINK COMMUNICATIONS, CORP MDM ADDITION USAGE 38.88

GO DADDY VPN CERTIFICATE-RENEWAL 139.98

HORTON, MARK REIMBURSE:AIRFARE GFOA CONF 319.00

HORTON, MARK REIMBURSE: CMAP MEETING 52.04

HORTON, MARK REIMBURSE: MILEAGE/TOLLS IPBC 47.68








WAREHOUSE DIRECT PEN REFILLS 8.25


Finance Total: 1,226.45

Police:

AAREN PEST CONTROL INC PEST CONTROL-POLICE DEPT 65.00

BOOTZ SAOOL & GRILL MEAL: MAJOR CRIMES TRAINING 22.66

BP AMOCO CREDIT CARD CENTER GASOLINE - POLICE 115.87

CALL ONE PHONE SERVICE 1,552.20

CHICAGO BADGE & INSIGNIA CO. NAME TAG & SERVING SINCE PIN 26.92

CHILI'S MEAL: MAJOR CRIMES TRAINING 23.14

CINTAS CORPORATION #344 WINTER MAT SERVICE 44.00

CITIBANK N.A. ADHESIVE, TREADS, AND ROLLERS 48.76

CITIBANK N.A. RETURN ADHESIVE (8.28)

CULVER'S MEAL: MAJOR CRIMES TRAINING 12.23

EVIDENT CRIME SCENE PRODUCTS EVIDENCE SUPPLIES 199.00

G.A.T.E. AMERICA, INC. TRAINING: SOCIAL MEDIA 250.00

GALLS, AN ARAMARK COMPANY HOLSTERS 153.00

HOME DEPOT RUBBER STAIR TREADS 522.69

IL DARE OFFICERS ASSOCATION SINGLE OFFICER RESPONSE 25.00

INTERNATIONAL ASSOCIATION FOR ANNUAL MEMBERSHIP 50.00

INTOXIMETERS DRYGAS CANISTER 119.00

KENDALL COUNTY ASSOC. CHIEF MARCH MEETING FEES 135.00

KENDALL COUNTY HEALTH & HUMAN VACCINES-POLICE DEPT 3,100.00

KFC MEAL: MAJOR CRIMES TRAINING 8.16

KFC MEAL: MAJOR CRIMES TRAINING 8.58



April 14, 2015

KRANTZ, TOM DEPARTMENT PHOTO UPDATE 1,120.00





MEIJER ITEMS FOR EXPLORER NIGHT 32.54

MINER ELECTRONICS CORP REMOVING/INSTALLING ENCODER 237.50

NORTH EAST MULTI-REGIONAL JUVENILE OFFICER CERTIFICATION 150.00

OFFICEMAX ENVELOPE SEALER 2.99

RED DOT STORAGE ILLINOIS 7,LLC STORAGE RENTAL 10.00

RESERVE ACCOUNT POSTAGE FOR POSTAGE MACHINE 1,000.00

RESPONSIVE NETWORK SERVICES IT SERVICES 385.00

RESPONSIVE NETWORK SERVICES IT SERVICES 418.00

STRYPES PLUS MORE INC REMOVE MARKINGS SQ 14 150.00

SUBURBAN TIRE-OSWEGO TIRE 220.49

TACO EXPRESS MEAL: NEMRT CLASS 11.85

TACO EXPRESS MEAL: NEMRT CLASS 13.97

THE BRANDED STEER MEAL: MAJOR CRIMES TRAINING 28.04

THEFIRESTORE.COM DEFIBRILLATION PADS 254.53

TLO LLC. ON-LINE INVESTIGATIONS 10.75

VERIZON WIRELESS PHONE SERVICE 1,532.90

VERIZON WIRELESS PHONE BILL 1,540.82

WAL-MART HAND SANITIZER 105.86


WAREHOUSE DIRECT MISC OFFICE SUPPLIES 168.37

WEX BANK GASOLINE-POLICE 5,494.28

YORKVILLE POSTMASTER STAMPS:CITIZEN/BUSINESS SURVEY 1,960.00

Police Total: 22,491.58

General Fund Total: 66,993.50

Water & Sewer Fund:

BUCKEYE WESTERN STAR ACCELERATOR PEDAL ASSEMBLY 442.69






FASTENAL CO STOCK:SHOP DRAWER ASSORTMENTS 93.02

FLEETPRIDE SCREEN:END OF TRASH PUMP HOSE 28.00

FOX METRO WATER RECLAMATION REIMBURSE: TELEVISING/CLEANING 229.82






HAWKINS, INC CHLORINE CYLINDERS WELL 8 210.50

HAWKINS, INC LIQUID PHOSPHATE WELL 8 708.18

HAWKINS, INC INDEX SPIDER WELL 8 17.45

HAWKINS, INC WHITE PVC PUMP SHELF WELL 8 67.64

HAWKINS, INC CHLORINE CYLINDERS WELL 10 210.50

HAWKINS, INC LIQUID PHOSPHATE WELL 10 952.82

HAWKINS, INC OBSOLETE USE UP WELL 10 39.34

HAWKINS, INC 1/2" COUPLING NUT WELL 10 8.96

HAWKINS, INC O'RINGS WELL 10 15.60

ILLINOIS FIRE & SAFETY COMPANY CHARGED FIRE EXTINGUSHERS 422.00

ITRON, INC QRTLY METER READING 3,768.47

L.J. DODD CONSTRUTION, INC. REPAIR DOOR 1,035.00

LAYNE CHRISTENSEN COMPANY EMERGENCY REPAIR WELL 4 37,170.25





MES SCBA MASKS 562.00

MES ADAPTER ASSEMBLY SCBA MASKS 45.91

METROPOLITAN INDUSTRIES, INC CHECKED PANEL & AMPS 460.00

RIVERVIEW FORD REPL RIGHT OUTER TIE ROD 146.56



April 14, 2015

SEWER EQUIPMENT CO 1" SWIVEL COUPLING 269.73

SEWER EQUIPMENT CO REPAIR PARTS FOR JETTER 504.73

SEWER EQUIPMENT CO REPAIR PARTS FOR JETTER 325.69

SUBURBAN LABORATORIES, INC. RADIOLOGICAL ELEMENT & SAMPLES 520.00

SUBURBAN LABORATORIES, INC. COLIFORM SAMPLES 166.00

SUBURBAN LABORATORIES, INC. COLIFORM SAMPLES 151.00

THIRD MILLENNIUM UTILITY BILL PRINTING 1,345.03

THIRD MILLENNIUM WEBSITE FEE 150.00

THIRD MILLENNIUM DISCONNECTION NOTICE 75.00

THIRD MILLENNIUM METERED POSTAGE 2.13

TIGERDIRECT TONER 152.51

TOLIAN, MARY REFUND UB OVERPAYMENT 34.33

UNITED LABORATORIES LIFT ZYME CLEANSER 2,887.50


UNITED STATES POSTAL SERVICE POSTAGE: WATER BILLS 4,182.48

VANCO SERVICES UB PROCESSING FEES 152.20


VERIZON WIRELESS IPADS 51.39


WAREHOUSE DIRECT LAUNDRY DETERGENT 41.03

WAREHOUSE DIRECT ADDRESS LABELS & GOLD PAPER 20.88

WATER REMEDIATION TECHNOLOGY BASE TREATMENT CHARGE 4,488.19









Water & Sewer Fund: 98,192.59

Capital Fund:

ART SIGN WORKS, INC. ENTRY SIGNS, POSTS & BRACKETS 8,283.36

Capital Fund: 8,283.36

Agency Fund:

BELL, ETHAN BAND: WINE ON THE FOX 500.00

CHAMPION FENCING INC. FENCING: WINE ON THE FOX 750.00

CHAPMAN, JOHN BAND: WINE ON THE FOX 1,000.00

IL LIQUOR CONTROL COMMISSION LIQUOR LICENSE:WINE ON THE FOX 25.00

KASKO ENTERPRISES, INC. BAND: WINE ON THE FOX 1,250.00

KING, SHIRLEY BAND: WINE ON THE FOX 1,500.00

PATTEN CAT GENERATORS: WINE ON THE FOX 475.60

PETTY CASH-CORPORATE PETTY CASH: WINE ON THE FOX 5,000.00

RICHARD J BLUML BAND: WINE ON THE FOX 200.00

STEVEN JACK ADVERTISING:WINE ON THE FOX 150.00

THOMAS SHARPE BAND: WINE ON THE FOX 1,000.00

Agency Fund: 11,850.60

Grand Total: 185,320.05

MEMORANDUM

To: Village President and Board of Trustees

CC: Village Administrator, Village Attorney and Department Heads

From: Chief Jeff Burgner

Date: March 26, 2015

Agenda: April 14, 2015 Regular Board Meeting

Subject: Village of Oswego Sergeants Pay and Benefits Tentative Agreement

Purpose

Seek Village Board approval to pass a resolution approving the tentative agreement between the Village

and Village of Oswego Sergeants.

Background

Board Action Previously Taken:

Date Action

August 17, 2010 Village Board of Trustees voted and passed resolution

10-R-35 regarding a Pay and Benefits Agreement with

the Village of Oswego Sergeants.

March 17, 2015 Village Board of Trustees was provided an overview of

the tentative agreement between the Village and the

Village of Oswego Sergeants.

Discussion

Staff and the Village of Oswego Sergeants have been negotiating the terms of the expired collective

bargaining agreement. A tentative agreement has been made pending Village Board review and possible

approval. The Village of Oswego Sergeants has accepted the tentative agreement that was provided to the

Village Board on March 17, 2015. A change in the Sick Leave Accrual and Usage section was requested

by the Village Board and accepted by the Village of Oswego Sergeants. This change was made and is

reflected in the attached tentative agreement.

Retroactive pay will also be provided to command officers (Commander, Deputy Chiefs and Chief) in

accordance to the raises approved for Sergeants.

100 Parkers Mill, Oswego, IL 60543 (630) 554-3618 Fax (630) 554-3306

Website: http://www.oswegoil.org

2

Funding

Provisions in this contract will be funded by the Village General Fund

Recommendation

It is recommended by staff to pass a resolution at the April 14, 2015 Regular Village Board Meeting

accepting the terms of the tentative agreement between the Village and Village of Oswego Sergeants.

Strategic Planning Objective

1.4 - Create a work environment that is conducive to a high-performing municipal

organization

RESOLUTION NO. 15 - R - __

_______________________________________________________________________

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE

VILLAGE OF OSWEGO AND VILLAGE OF OSWEGO SERGEANTS

(Village of Oswego Sergeants Agreement)

________________________________________________________________________

WHEREAS, the Village of Oswego , Illinois (the “Village”) is an Illinois home-rule

municipality pursuant to provisions of Article VII, Section 6 of the Illinois Constitution, 1970, and as

such the Village may exercise any power or perform any function pertaining to its government and

affairs; and

WHEREAS, the Village has a population of more than 25,000 and is therefore a "Home Rule

Unit" under the 1970 Illinois Constitution; and

WHEREAS, it is in the best interest of the Village of Oswego to execute the Agreement between

the Village of Oswego and the Village of Oswego Sergeants substantially in the form attached hereto as

Exhibit "A".

NOW, THEREFORE, BE IT RESOLVED, BY THE VILLAGE PRESIDENT AND

BOARD OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL AND WILL

COUNTIES, ILLINOIS, AS FOLLOWS:

SECTION 1.

The Village President and Village Clerk be and are hereby authorized and directed to execute on

behalf of the Village of Oswego the Agreement with the Village of Oswego Sergeants concerning the

Sergeant agreement substantially in the form attached hereto as Exhibit "A".

SECTION 2. REPEALER

All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution

shall be, and the same hereby repealed.

SECTION 3. SEVERABILITY

This Resolution and every provision thereof shall be considered severable. In the event that any

court of competent jurisdiction may find and declare any word, phrase, clause, sentence, paragraph,

provision or section or part of a phrase, clause, sentence, paragraph, clauses, sentences, paragraphs and

provisions and parts of phrases, clauses, sentences, paragraphs, provisions and sections not ruled void or

unconstitutional shall continue in full force and effect.

SECTION 4. EFFECTIVE DATE

This Resolution shall be in full force and effect from and after its passage.

PASSED by the Board of Trustees of the Village of Oswego, Kendall and Will County, Illinois

this 14th day of April 2015.

TONY GILES TERRY MICHELS

GAIL JOHNSON JUDY SOLLINGER

PAM PARR SCOTT VOLPE

APPROVED by me, Brian LeClercq, as President of the Village of Oswego, Kendall and Will

Counties, Illinois, this 14th day of April 2015.

___________________________________ BRIAN LECLERCQ, VILLAGE PRESIDENT ATTEST: __________________________ Tina Touchette, Village Clerk

STATE OF ILLINOIS )

) SS

COUNTY OF KENDALL

AND WILL )

CLERK'S CERTIFICATE

I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego, Kendall and Will Counties, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE

VILLAGE OF OSWEGO AND VILLAGE OF OSWEGO SERGEANTS

(Village of Oswego Sergeants Agreement)

which Resolution was duly adopted by said Board of Trustees at a regular meeting held on the 14th day of April 2015. I do further certify that a quorum of said Board of Trustees was present at said meeting and that the Board complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this __ day of April 2015. Tina Touchette, Village Clerk

Village of Oswego (Seal)

EXHIBIT A

Sergeant Agreement

2

BETWEEN

THE OSWEGO POLICE SERGEANTS

AND

THE VILLAGE OF OSWEGO May 1, 2013 through April 30, 2018

ARTICLE I

LAYOFF

Section 1.1. Layoff.

If there is to be a reduction in the number of Sergeants, the least Sergeant will be demoted to the rank of Patrol Officer and a Patrol Officer will be laid off. Said employee will be promoted back to the rank of Sergeant when the first position again becomes available and will not be required to test for that position.

ARTICLE II

COMPENSATION AND HOURS OF WORK

Section 2.1. Compensation.

Compensation – All Sergeants promoted before January 1, 2010, will maintain 15 % above the highest paid patrol officers base salary. Sergeants promoted after January 1, 2010, will have a 3 step compensation rate and as follows: 1 year 10% above the highest paid patrol officer’s base salary, 2 year 12.5% above the highest paid patrol officer’s base salary and the 3 year will be 15% above the highest paid patrol officer’s base salary.

Section 2.2. Work Hours and Scheduling.

Scheduling will continue to be assigned in the same manner and practice as current except as noted below: Employees assigned to the patrol division are regularly scheduled to work 84 hours in a 14-day work period and shall receive overtime pay for all time worked in excess of eighty (80) hours in a 14-day work period. Employees agree to accept four consecutive hours of scheduled time off each work period at the beginning or end of a work shift, to maintain 80 hours of work time in a work period. The 8 hour shortened shift, or “short day”, shall be chosen prior to October 1st in the preceding year and shall be in accordance with seniority. Sergeants who are not on full unrestricted duty due to FMLA time off, approved long term training in excess of 80 hours, or light duty will not be counted as off on scheduled leave for purposes of determining other employees’ eligibility to request and use paid leave time. In addition, employees serving disciplinary suspensions shall not be counted as off on scheduled leave for purposes of determining other employees’ eligibility to request and use paid leave time as long as the request to use paid leave by another employee is received at least 72 hours in advance of the beginning of the disciplinary suspension. It is agreed that such requests will result in the rescheduling of the disciplinary suspension in order to accommodate the requested time off. However, if the request to use paid leave is received with less than 72 hours before the beginning of the disciplinary suspension, the employee on suspension shall be counted as off on scheduled leave for purposes of determining other employees’ eligibility to request and use paid leave time. Overtime: All hours worked in excess of the designated work cycle shall be paid at time and one-half the regular rate of pay. A “work cycle” or “work period” is defined as a regularly recurring 14-day period. For the purposes of calculating overtime all benefit time will be included.

Section 2.3. Call Back.

Any Sergeant covered by this Agreement who is called back to work on an assignment which does not continuously precede or follow a Sergeants regularly scheduled working hours shall be compensated a minimum of two (2) hours for each call back or the actual time worked, whichever amount is greater. Section 2.4. Court Time.

Sergeants required to attend court during off-duty hours shall be compensated with a minimum of 2 hours for Kendall County, and 3 hours for Will County or Federal Court, whichever is greater, for such court appearance, including travel to and from the police department. If a department vehicle is not available, a Sergeant using his own vehicle to attend court shall be reimbursed for travel at the mileage rate recognized by the Internal Revenue Service for the mileage calculated from the Village Police station to the courthouse. If attendance in court requires payment for parking, then the parking fee shall be reimbursed to the Sergeant. Section 2.5. Fitness Test.

Sergeants shall participate in the Police Department’s bi-annual Power Test physical fitness test which shall be designed with input from the Sergeant Group, provided the final form of the test shall be determined by the Chief and will be job specific. Participation in the physical fitness test shall be considered “on-duty” time for all compensation purposes, including but not limited to overtime and workers’ compensation. Test results of Sergeants who make good faith efforts while participating will not be utilized for disciplinary purposes. Sergeants who pass the Power test shall receive 6 hours compensatory time. Sergeants who fail the Power test shall be required to retake the test in 60 days (one retake only). Sergeants who pass the Power test on their second attempt (60 days later) shall receive 3 hours compensatory time. Section 2.6. Shift Trading.

With at least fifteen (15) days notice, a Sergeant shall be permitted to exchange shifts with another Sergeant subject to the approval of the Chief of Police or his designee. Sergeants shall be permitted to change shifts provided the change does not result in additional overtime compensation being paid to any of the Sergeants involved in the shift change and provided that the employees involved are assigned to same Division. Moreover, Sergeants must trade shifts with other Sergeants who possess the same or very similar specialty skills, as approved by the Chief of Police. Shift swaps will be allowed outside the same pay period, as long as they occur within the same calendar year. The Village shall have no liability for payment or time off to any Sergeant whose shift trade was not fulfilled by another Sergeant. In the event a Sergeant who agreed to work a shift for another Sergeant calls in sick on the date of the traded shift and causes overtime, the Sergeant shall be charged sick leave at time and one-half the hours of sick leave used. Section 2.7. Meetings.

Sergeants will receive a minimum of (2) hours of pay for all off duty mandatory meetings.

Section 2.8. Specialty and On-Call Pay.

In the event the Police Chief, or his designee, appoints a Sergeant to serve in a specialty position designated below, then that Sergeant shall be eligible for a specialty bonus if he is serving in the specialty position for any duration on a permanent or temporary basis. Such employee shall receive:

Detective Sgt. $50 bi-weekly (Effective 5/1/2016) Special Assignment Sgt. $50 bi-weekly (Effective 5/1/2016) Field Training Officer $30 per day while conducting training

On-call Sergeants (Detective, $75 per week while on call K-9, Accident Investigator)

On-call Sergeants (Evidence Technician) $20 per day while on-call. If the Sergeant is called in for Evidence Technician duties, they will not be paid the $20 for the day of the call out. (Effective 5/1/2016)

Section 2.9. Compensatory Time. (Effective upon execution)

In lieu of overtime pay, an employee may earn compensatory time at a rate equal to one and one-half (1.5) hours for each overtime hour worked in accordance with the provisions of overtime sections of this Agreement. Employees may accumulate up to 100 hours of compensatory time, on a rolling basis. Employees must advise the Chief or his designee that he or she desires to have the overtime credited as compensatory time as of the time the overtime is worked, otherwise the overtime assignment shall be presumed to be paid by monetary compensation. The Village shall approve use of compensatory time provided there are sufficient personnel to cover the Village’s minimum manning requirements at no additional cost or expense to the Village. Generally, compensatory time requests shall be submitted at least 48 hours prior to use, however requests with less than 48 hours notice shall be granted if minimum staffing and other departmental needs can be met. The Village agrees to notify the Sergeant Group as to their minimum staffing level as described within this provision. Compensatory time may be taken in no less than 2 hour increments. Employees may cash out earned but unused compensatory time with advance notice. Such cash out will be issued on a separate payroll check at the employee’s request.

Section 2.10. Overtime Assignments.

Overtime will continue to be assigned in the same manner and practices. Section 2.11. Contract Details.

Members shall be compensated for contract details at the hourly rate agreed upon between the Village and the organization requesting the detail. The parties agree that when extra details are available such details shall be offered to employees covered by this contract, provided that Sergeants who are ordered to work shall be compensated at the overtime rate of pay. Employees shall be given 7 days notice before being ordered to work these details. The Village retains the right to assign individuals to extra details in the event no one volunteers for such work. Such assignments shall be made by order of inverse seniority on a rotating basis. Sign-up for contract details shall be conducted in a fair and equitable manner, and shall be open to all members of the Department, however, Sergeants shall submit a memorandum to the chief of police to indicate if they want to be included on the sign-up list, otherwise they will not be contacted for available details. There shall be no bumping for contract details. The Village may require that special skills are required for members to be eligible for certain contract details (i.e. opportunity school). Section 2.12. No Pyramiding. Overtime compensation shall not be paid more than once for the same hours under any provision of this article, this Agreement, State or Federal law.

ARTICLE III

VACATION

Section 3.1. Vacation Pay.

The rate of vacation pay shall be the employee's regular straight-time rate of pay in effect for the employee's regular job classification at the commencement of the vacation period.

Section 3.2. Scheduling.

Vacation calendar procedure will continue in the same manner and practice as currently done. Up to 120 hours of vacation time can be used consecutively. The Village shall have the right to designate the following blackout dates for vacation selection; four(4) days for Prairie Fest and one (1) day for the Independence celebration. During the term of this Agreement, it is agreed that once the Prairie Fest schedule is finalized by the Park District, the Chief in his sole discretion shall determine whether any part of the blacked out time may be lifted. Any opened slots may be selected by officers from the affected shifts by a seniority based selection process. Section 3.3. Accrual Schedule. (Effective 1-1-2010)

Sergeants shall accrue vacation leave for use in subsequent years of employment based upon the following schedule: YEARS OF SERVICE HOURS

After one year 80 hours After three years 96 hours After four years 104 hours After five years 120 hours After ten years 144 hours After fifteen years 160 hours After twenty years 184 hours Each employee may carry over up to 40 hours (56 hours for 12 hour shift employees) of vacation time from year to year only upon receipt of written approval from the Chief prior to their anniversary. The Chief reserves the right to deny or reduce vacation carry-over requests, but such requests will not be unreasonably denied. ARTICLE IV

HOLIDAY AND PERSONAL TIME

Section 4.1. Holidays. (Effective upon execution)

There will be 10.5 recognized holidays for all Sergeants: New Year’s Day Martin Luther King Jr.’s Birthday Presidents Day Memorial Day Independence Day

Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve (1/2 day) Christmas Day

* Non-patrol Sergeants will be allowed to take the following holiday benefit time not on the observed day: Martin Luther King Jr.’s Birthday, Presidents Day, Memorial Day, Labor Day and Veterans Day. The Sergeant shall notify their division supervisor 72 hours in advance if they elect to work one of these designated holidays, otherwise it will be presumed that they will be off for that holiday.

Section 4.2. Holiday Time. (Effective upon execution)

All covered Sergeants, including those assigned to Support Services Division shall receive 100 hours of holiday time off which may be scheduled off in advance as provided for in the vacation and holiday scheduling procedure set out in this Agreement. Holiday time must be used in half or full shift increments, unless using the balance of the sergeant’s holiday time, in which case less than half or full shift increment may be used. The 100 hours recognizes the Village’s practice of granting two floating holidays in addition to the above listed days. Annually in November, employees may request in writing to receive up to sixteen (16) hours of pay for unused holiday time which will be paid out no later than the last pay period in December. In the event that a Sergeant leaves the employment of the Village, and has used more than the prorated amount of holiday time earned for that portion of the year served as an employee, then the compensation for such holiday time shall be deducted from any monies owed to the Sergeant as part of final compensation.

ARTICLE V

LEAVE OF ABSENCE

Section 5.1. Absence from Work.

All absences from work must be reported to the Sergeant on duty at least one (1) hour prior to assigned working shift unless exigent circumstances prohibit the notice. Section 5.2. Sick Leave Accrual and Usage. (Effective 1-1-2010)

Sick leave will be accrued at 96 hours per calendar year. Sick hours will be credited to Sergeant’s sick bank on January 1st of each year. Sick leave is subject to accrual to a maximum of 1560 hours. Pursuant to the peace officer’s continuation privilege set forth in the Illinois Insurance Code, any employee retiring during the time of this Agreement who has been employed with the Village of Oswego for at least twenty (20) years (or who retires on a disability pension) will be entitled to continue to participate in the Village’s health insurance plan along with any dependents who were covered by the plan as of the date of the Sergeant’s retirement. The Sergeant and dependents are responsible for paying the premiums due for the continued coverage on a monthly basis on or before the due date set by the Village. Sergeants shall not receive any cash payment for accrued sick leave at separation from employment. However, Sergeants retiring with at least 20 years of service, or receiving duty disability pension, shall have a credit established for the payment of post employment health insurance premiums in a sum equal to the value of their accrued sick time. For purposes of this Agreement the credit for accrued sick time will be calculated at the Sergeant’s hourly rate at time of

separation times the number of accrued sick leave hours. Any dependents that become ineligible for continued coverage, but who are entitled to and elect COBRA or some other federal or State of Illinois continuation coverage, may have their premiums paid from the credit balance of the retired Sergeant if the Sergeant provides written authorization for the Village to do so. Once the credit balance is exhausted, the retired Sergeant and dependents shall be fully responsible for the payment of the premiums for continued coverage pursuant to Illinois statute. Any accrued sick leave shall be made available to surviving dependants to use towards healthcare benefits offered by the Village in the same method as described in the above paragraph, regardless of length of service. Section 5.3. Funeral Leave.

Funeral Leave – All Sergeants shall be entitled to 24 hours of paid funeral leave in the event of the death of a member of his/her immediate family.

Immediate family members shall be interpreted as: 1. Grandparent 2. Parent 3. Spouse 4. Child (Including step and adopted) 5. Grandchild 6. Brother/Sister 7. Father-in-law 8. Mother-in-law 9. Brother-in-law 10. Sister-in-law 11. Son-in-law 12. Daughter-in-law 13. Other relative living in the household These paid days are considered as bereavement days and not sick/personal days. If any additional time is needed, the time off may be taken from paid vacation/sick/personal

days, with the approval of the Department Head. Section 5.4. Childbirth and Family Medical Leave Benefits.

Childbirth and family medical leave shall be granted in compliance with the provisions of the Family Medical Leave Act of 1993 (“FMLA”), as amended, and Village Policy. Section 5.5. General Leave of Absence.

A Police Sergeant, regardless of length of service or status, may request a leave of absence from work for a period of one (1) year subject to written approval of Chief of Police. The Village shall set the terms and conditions of the leave, including whether or not the leave is to be with pay and benefits. Section 5.6. Military Leave.

Military leave shall be granted in accordance with applicable law.

Section 5.7. Jury Duty.

Police Sergeants shall receive regular compensation on any regularly assigned work day when serving on jury duty, regardless of assignment. Any compensation received from the circuit court as a result of serving on jury duty shall be signed over to the Village of Oswego. Sergeants shall turn in notice of jury duty on the first working day scheduled after receipt of the notice to serve. In the event that a Sergeant does not spend 12 hours on jury duty, then the Sergeant shall work the difference between 12 hours and the time actually spent on jury duty; however, no Sergeant shall be required to work less than 2 hours in a day.

ARTICLE VI

EDUCATION BENEFITS

Section 6.1. On-Duty Training.

Sergeants required to travel to training located more than 20 miles, but less than 35 miles from the Oswego Police Department – as determined by Google Maps internet service (one way calculation) – shall receive one (1) hour of time for each day of training attended. If the training location is more than 35 miles, but less than 50 miles from the Oswego Police Department – as determined by Google Maps internet service – shall receive two (2) hours of time for each day of training attended. If the training location is more than 50 miles from the Oswego Police Department, Sergeants shall receive three (3) hours for each day of training attended. The foregoing provisions do not apply in cases where training-related travel requires overnight lodging. Travel costs for training requiring overnight lodging will be addressed by the Police Chief on a case-by-case basis at the prior written request of the Sergeant attending

Section 6.2. Scheduling of On-Duty Training.

The Department shall provide notice of in-house training to all Police Sergeants assigned to such training by posting the shift schedules. When training outside the Department is scheduled for Sergeants covered herein, said Sergeants shall be given as much notice as possible as the Village receives from the training facilities. Section 6.3. Training Reimbursement.

Any Police Sergeant taking part in duty-related training approved by the Chief of Police in his discretion shall:

(a) Be provided the use of a department vehicle for travel to and from training, when available, or shall receive the current applicable Village rate, up to a maximum of the Internal Revenue Service standard rate of reimbursement for mileage, when using a personal vehicle;

(b) Be reimbursed for the actual reasonable cost of meals when requiring travel outside of the

Village of Oswego, not to exceed $50.00 per day unless approved by Command, and an additional $30.00 per day for training which requires overnight travel;

(c) Be compensated in advance or be reimbursed for any and all prior approved lodging expenses for training classes that require overnight stays.

Section 6.4. Educational Incentive.

Any member covered by this Agreement with at least two (2) years of full-time experience with the Village who enrolls in an accredited course of studies, either at an accredited college or university, in a law enforcement related curriculum, Accounting, Business/Business Administration, Computers, Management, Finance, Public Administration, or Political Science, English, Foreign Language, or any other studies approved by the Chief may have the tuition for such subjects or courses reimbursed upon approval by the Police Chief and contingent upon the availability of budgeted funds. The maximum hourly rate of reimbursement for tuition must not exceed the hourly rate of tuition charged at the college or university. Sergeants who seek reimbursement for a particular course must, prior to enrolling in said course, obtain the approval of the Chief that the course is eligible for reimbursement. By September of each year, Sergeants who are interested in pursuing professional training and education shall submit a written list of courses for which they plan to seek reimbursement in the coming year. The Sergeant must receive a grade of B or better or “pass” for non-graded courses in order to receive reimbursement and provide evidence thereof to the Chief. Sergeants who leave the employ of the Village less than twelve (12) months after completing education credits for which the Village provided tuition reimbursement shall, upon termination of employment, re-pay such tuition reimbursement to the Village.

ARTICLE VII

DISCIPLINE

Section 7.1. Procedure of Discipline.

If the Village has reason to discipline an employee, it will make every effort to do so in a manner that will not unduly embarrass the employee before other fellow employees or members of the public. Section 7.2. Disciplinary Action.

All disciplinary action shall be given only for just cause, and is subject to the grievance procedure as described within the Oswego Police Department Grievance Procedure and Internal Affairs General Orders. Notice of said disciplinary action shall be provided in writing to the employee.

Section 7.3. Written Reprimand.

In cases of written reprimand, notation of such reprimand shall become a part of the employee's personnel file and a copy given to the employee. The Sergeant will be given the opportunity to submit his written response outlining his point of view in regards to the incident. The Sergeant’s written response will be attached to and remain part of the letter of reprimand as long as the reprimand remains in his/her file. Section 7.4. Purge of Personnel File.

Any written reprimand, including documented verbal reprimands, shall be removed from the employee’s record, if, from the date of the last reprimand, twelve (12) months have passed without the employee receiving an additional reprimand or discipline for the same or substantially similar offenses. The employee shall submit a request at the end of the twelve (12) month period for the removal of the reprimand from his file.

Section 7.5. Personnel File.

The Village agrees to abide by the lawful requirements of the Personnel Record Review Act, 820 ILCS 40/0.01 et seq. of the Illinois Compiled Statutes.

ARTICLE VIII

INSURANCE BENEFITS

Section 8.1. Hospitalization.

The Village shall continue to make available to non-retired employees and their eligible dependents health insurance, prescription, vision and dental coverage and benefits, according to a plan or plans selected by the Village. Currently the Village has HMO, HSA and PPO plan options. Employees shall have the option to select plan coverage annually during an open enrollment period. Employees electing the HMO plan option will have the entire cost of the plan paid for by the Village for both the employee and dependent coverage. The Cost for Employees electing PPO or HSA coverage will be as follows for both the employee and dependents through payroll deduction: Effective until May 1, 2014: 10% of the Cost of coverage Effective May 1, 2014: PPO 15% of the Cost of coverage HSA 10% of the Cost of coverage Effective May 1, 2017: PPO 17.5% of the Cost of coverage HSA 12.5% of the Cost of coverage

In addition, for those employees electing HSA coverage, the Village will make contributions to the employees’ health savings accounts as follows: January 1. 2016: $2000 for single coverage, $4000 for dependent coverage. January 1. 2017: $1800 for single coverage, $3600 for dependent coverage. January 1. 2018: $1500 for single coverage, $3000 for dependent coverage.

There shall be no substantial decrease in benefits level of this coverage. However, should any penalty provision of the Affordable Care Act apply to the Employer or employees during the term of this Agreement, e.g. the “Cadillac Plan” or similar penalty provision, the parties agree that they will promptly re-open negotiations regarding this article of the Agreement. “Cost” for purposes of this Section includes premium and any applicable state and federal taxes and fees. The Village will continue to explore and if necessary, implement additional insurance plans and/or alterations in plan design, in order to control insurance costs. Before implementing any changes in plans to be offered to employees, the Village shall convene an insurance committee consisting of employee representatives from its various departments, including a representative from the Sergeant Group. The committee will review plan options and cost considerations, and make recommendations to the Village Administrator. At the time the Village Board considers the committee’s recommendation, the committee shall have the opportunity to address the Board.

Any questions or disputes concerning insurance policies or plans or benefits provided by the Village shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedure set forth in this Agreement. The failure of any insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the Village, nor shall such failure be considered a breach by the Village of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve an insurance carrier(s) or plan administrator(s) from any liability it may have to the Village, employee or beneficiary of any employee. Section 8.2. Life Insurance.

The Village shall provide and pay for each Sergeant with term life insurance with a benefit amount equal to $20,000. Section 8.3. Continuation of Benefit.

The Village will provide benefits as required by the Public Safety Employee Benefits Act, as it may be amended.

ARTICLE IX

LIGHT DUTY

Section 9.1. Light Duty.

Sergeants who are temporarily disabled from duty may request a light duty assignment. A physician’s written verification may be considered sufficient evidence of a Sergeant’s temporary disability from duty. Light duty assignments may be granted at the discretion of the Chief of Police in conjunction with the Village Human Resources Director based upon the availability of appropriate assignments, considering the Sergeant’s knowledge, skills and ability, as well as the nature of the disability. There shall be no pyramiding of benefits of light duty assignments with worker’s compensation or other disability benefit.

Section 9.2. Pregnancy.

Any Sergeant who becomes pregnant while employed by the Village shall immediately notify the Chief of Police of her condition. Upon notice of pregnancy, the Village shall provide the pregnant Sergeant with alternate, non-hazardous duty options in order to allow the Sergeant to avoid potential duty-related health risks a police Sergeant and her unborn child may face. The decision to accept a non-hazardous duty assignment or remain on her current duty shall be completely voluntary and solely within the discretion of the pregnant Sergeant. A Sergeant’s acceptance of a non-hazardous duty assignment shall not result in a loss of pay, benefits, seniority or eligibility for promotion. If a pregnant Sergeant chooses to remain on her current duty assignment, it shall be the Sergeant’s responsibility to receive clearance from her OB-GYN to continue working in such capacity. The pregnant Sergeant shall present the Village with her OB-GYN’s medical clearance immediately following each scheduled examination. If at any time the Chief of Police has reason to believe that the pregnant Sergeant’s condition interferes with her ability to perform her duties or potentially affects the safety of the pregnant Sergeant, other employees or the members of the public, the Police Chief shall immediately place the pregnant Sergeant on non-hazardous duty. The option for non-hazardous duty shall be available to any pregnant Sergeant during her pregnancy and a reasonable period of recovery thereafter. The Village shall hold the Sergeant’s job

open for the same period of time afforded to sick or disabled employees. The Village shall provide leave for a Sergeant who is pregnant, recovering from childbirth, or caring for a newborn in accordance with the Village’s general leave policies. Nothing in this policy shall violate the Pregnancy Discrimination Act amendment to Title VII of the Civil Rights Act of 1964 or the Illinois Human Rights Act.

ARTICLE X

UNIFORM BENEFITS

Section 10.1. Benefits.

The Village shall utilize a quartermaster system for all other Sergeants, providing that when an employee turns in a piece of issued equipment, as listed in Appendix C, that is no longer usable, said equipment shall be replaced with new equipment. All equipment turn-ins shall be with the approval and the review of the Chief of Police or his designee.

The Village shall provide a bi-annual uniform allowance in 2 payments in the amount of $350.00 each, one in the spring and one in the fall, to the Detective Sergeant, provided the Detective Sergeant does not utilize the quartermaster system for investigator uniforms. In the event the Detective Sergeant decided to utilize the investigator quartermaster system then the Detective Sergeant will receive an annual payment of $200.00.

Section 10.2. Body Armor.

The Village agrees to provide a bullet-proof vest to each member covered by this Agreement at the Village’s expense. Bullet-proof vests are part of the uniform and must be worn at all times unless inside the police station or on an undercover assignment. The Village agrees to replace each bullet-proof vest upon the manufacturer’s suggested expiration date with the cost of said vest being paid for by the Village and not charged against a member’s uniform allowance. The Village shall have the sole discretion to determine the vest to be provided, however, the vests shall have minimum standards of a threat level II, side ballistic panels, and a chest trauma plate. Sergeants who wish to use a higher threat level or different manufacturer than the Village chooses to provide, shall be entitled to do so, and shall receive reimbursement upon the purchase of said vest, up to the cost of the Village-provided vest. A Sergeant choosing to purchase a vest other than that provided by the Village shall provide a receipt prior to being reimbursed for the purchase. Section 10.3. Repair or Replacement.

The Village agrees to provide reimbursement for any items owned by Sergeants that are damaged in the course of duty, including maximum amounts for the following items:

- Watches ($50 maximum) - Sunglasses ($20 maximum) - Contacts ($100 maximum) - Prescription eyewear ($200 maximum)

ARTICLE XI

HIREBACK

Section 11.1. Hireback.

Sergeants will be offered overtime for shift supervisor duties prior to it being offered to an OIC for overtime. If patrol officer staffing levels are not met due to the use of an O.I.C, a Sergeant will be hired back to cover supervisory duties. The Chief of Police may order a Sergeant to work a supervisor shift if the shift is not filled. The ordered Sergeant will be the least senior Sergeant in rank available.

ARTICLE XII

SUPERVISOR TIME

Section 12.1. Supervisor Time.

Sergeants shall receive 12 hours of paid Supervisor time each calendar year. Time can be taken at any time during the year provided it does not result in payment of overtime.

ARTICLE XIII RETROACTIVE WAGES & HEALTH INSURANCE CONTRIBUTIONS

Section 13.1. Retroactive Wages & Health Insurance Contributions

This Agreement shall be effective as of the day after it is executed by both parties and shall remain in force and effect until April 30, 2018. The wage increases shall be fully retroactive to May 1, 2013 and the health insurance contributions by employees shall be retroactive to May 1, 2014. The retroactive wages will be paid on a separate check and Sergeants will receive a detailed report of the accounting used to determine the amount issued.

APPENDIX A

Sergeant Salary Schedule

Year 1 Year 2 Year 3

10% 12.5% 15%

5/1/2013

Hourly $43.42 $44.41 $45.39

Annual $90,312.44 $92,365.00 $94,417.55

5/1/2014

Hourly $44.50 $45.52 $46.53

Annual $92,570.26 $94,674.13 $96,778.00

5/1/2015

Hourly $45.62 $46.65 $47.69

Annual $94,884.50 $97,040.97 $99,197.44

5/1/2016

Hourly $46.76 $47.82 $48.88

Annual $97,256.62 $99,467.00 $101,677.38

5/1/2017

Hourly $48.11 $49.21 $50.30

Annual $100,077.07 $102,351.54 $104,626.02

v:\agendas\2015 meetings\2015.04.14 regvb\memo-safe routes to school iga_woolley road.docx

MEMORANDUM

To: Village President Brian LeClercq and Board of Trustees

Cc: Village Administrator, Village Attorney and Department Heads

From: Public Works Director Jennifer M. Hughes, P.E., CFM

Date: April 8, 2014

Agenda: April 14, 2015 Village Board Meeting

Subject: Consideration and Discussion of Approval of Resolution Authorizing the Execution of an Intergovernmental Agreement with the Illinois Department of Transportation for the Construction of Regulatory and Warning Signs, Including Two Flashing Beacons and Two Vehicle Speed Feedback Signs, on Woolley Road

Purpose: The joint agreement provides for the Village’s use of Safe Routes to School Funds to install safety equipment along Woolley Road at Colchester Drive associated with pedestrian access to Traughber Junior High School. IDOT requires execution of this agreement as a condition of providing the Village these funds. Background: The Board Action Previously Taken: Date Action

January 7, 2014 - COW Discussed the Village’s application for the grant Discussion: The Village, in partnership with Community School District 308, applied for Safe Routes to Schools funding through the Illinois Department of Transportation. The total estimated project cost is $14,391.50. The SRTS program will pay a maximum of 80% or $11,513.20, whichever is lower. The local agencies will pay the remaining 20% or $2,878.30. The project consists of installing regulatory and warning signs, including two flashing beacons and two vehicle speed feedback signs.

100 Parkers Mill Oswego, IL. 60543 (630) 554-3618 Fax: (630) 554-3306 Website: http://www.oswegoil.org

IGA re: Safe Routes to Schools April 8, 2014 2 | P a g e

The project schedule is to submit plans to IDOT as soon as possible and to complete installation using Village forces in July. Funding: The Village’s obligation under this agreement is 50% of the local share, or $1,439.15, and is subject to revision based upon actual bid prices and changes during construction. The Village has included funds in the FY 16/17 budget in account 01-05-53-7370 Maintenance, Streets / Safety Signs. School District 308 will pay 50% of the local share.

Recommendation: Staff recommends approval of the agreement through the attached resolution. Strategic Planning Objectives:

1.3.1 Provide reliable, efficient and sustainable municipal services 1.3.2 Uphold our commitment to public safety 1.3.3 Support and assist partner agencies to ensure public well-being 4.2.1 Incorporate environmentally conscious features in new public facilities 6.3.4 Finalize plans for unfinished sidewalks, paths and trails

1


_______________________________________________________________________

RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL

AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR

THE CONSTRUCTION OF REGULATORY AND WARNING SIGNS, INCLUDING

TWO FLASHING BEACONS AND TWO VEHICLE SPEED FEEDBACK SIGNS ON

WOOLLEY ROAD ________________________________________________________________________




affairs; and



WHEREAS, it is in the best interest of the Village of Oswego to approve the agreement

substantially in the form attached hereto marked as Exhibit “A”.


BOARD OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTY,

ILLINOIS, AS FOLLOWS:

SECTION 1. The Village hereby agrees to appropriate sufficient funds to fund the Local Agency share of the

project costs, estimated to be $2,878.30.

SECTION 2.

The Village President and Village Clerk are hereby authorized and directed to execute on behalf

of the Board of Trustees of the Village of Oswego substantially in the form attached as Exhibit “A.”

2

SECTION 3. REPEALER










This Resolution shall be in full force and effect from and after its passage. PASSED by the Board of Trustees of the Village of Oswego, Kendall and Will County, Illinois this __ day of ____ 2015. TONY GILES TERRY MICHELS GAIL JOHNSON JUDY SOLLINGER PAM PARR SCOTT VOLPE APPROVED by me, Brian LeClercq, as President of the Village of Oswego, Kendall and Will County, Illinois, this ___ day of _____ 2015. ___________________________________ BRIAN LECLERCQ, VILLAGE PRESIDENT __________________________ Tina Touchette, Village Clerk

3

STATE OF ILLINOIS )

) SS

COUNTY OF KENDALL )

AND WILL

CLERK'S CERTIFICATE

I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego, Kendall and Will County, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL

AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR

THE CONSTRUCTION OF REGULATORY AND WARNING SIGNS, INCLUDING

TWO FLASHING BEACONS AND TWO VEHICLE SPEED FEEDBACK SIGNS ON

WOOLLEY ROAD

which Resolution was duly adopted by said Board of Trustees at a regular meeting held on the __ day of ____ 2015. I do further certify that a quorum of said Board of Trustees was present at said meeting and that the Board complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _____ 2015. Tina Touchette, Village Clerk


Printed on 4/9/2015 Page 1 of 5 BLR 05310 (Rev. 10/06/14)

Local Agency

Village of Oswego

State Contract

Day Labor

Local Contract x

RR Force Account

Local Agency Agreement for Federal Participation

Section 14-00047-00-SW

Fund Type SRTS

ITEP and/or SRTS Number 2014-0099

Construction Engineering Right-of-Way

Job Number Project Number Job Number Project Number Job Number Project Number

C-93-044-15 SRTS-4009(304) This Agreement is made and entered into between the above local agency hereinafter referred to as the “LA” and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LA, approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as “FHWA”.

Location

Local Name Various Route Length n/a Termini Various Current Jurisdiction Village of Oswego TIP Number 09-15-0004 Existing Structure No

Project Description

Project consists of installation of regulatory and warning signs, including two flashing beacons and two vehicle speed feedback signs.

Division of Cost

Type of Work SRTS % % LA % Total Participating Construction 11,513.20 ( * ) ( ) 2,878.30 ( BAL ) 14,391.50 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 11,513.20 $ $ 2,878.30 $ 14,391.50

*80% SRTS funding NTE $11,513.20

NOTE:

The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment.

If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above.

Local Agency Appropriation

By execution of this Agreement, the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum.

Method of Financing (State Contract Work)

METHOD A---Lump Sum (80% of LA Obligation)

METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LA’s Share BALANCE divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts)

ttouchette

Typewritten Text

EXHIBIT A


Agreement Provisions

THE LA AGREES:

(1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required.

(2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems.

(3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement.

(4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required.

(5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above.

(6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation.

(7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement.

(8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement.

(9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA.

(10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE within thirty (30)

calendar days of billing, in lump sum, an amount equal to 80% of the LA’s estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based upon final costs.

Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs.

Method C - Progress Payments. Upon receipt of the contractor’s first and subsequent progressive bills for this improvement, the LA will pay to the STATE within thirty (30) calendar days of reciept, an amount equal to the LA’s share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid.

Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LA on this or any other contract. The STATE, at its sole option, upon notice to the LA, may place the debt into the the Illinois Comptroller’s Offset System (30 ILCS 105/10.05) or take such other and further action as my be required to recover the debt.

(11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project.

(12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement.

(13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement.


(14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT’s District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer’s Payment Estimates in accordance with the Division of Cost on page one.

(15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered

transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them

for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property;

(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and

(d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default.

(16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment.

(17) (State Contracts) That execution of this agreement constitutes the LA’s concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE.

(18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA’s certification that:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement;

(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions;

(c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

(19) To regulate parking and traffic in accordance with the approved project report.

(20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes.

(21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes.

(22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount.

(23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000).

(24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed.


(25) (Single Audit Requirements) That if the LA expends $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA’s that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205.

(26) That the LA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1.

THE STATE AGREES:

(1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA’s certification of compliance with Titles II and III requirements.

(2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid.

(3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer’s Payment Estimates in accordance with the Division of Cost on page one.

(4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient

cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by

STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE.

IT IS MUTUALLY AGREED:

(1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction.

(2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement.

(3) This Agreement shall be binding upon the parties, their successors and assigns.

(4) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT – assisted contracts. The LA’s DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT – approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program.

(5) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein.

(6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application

https://www.sam.gov/portal/public/SAM/#1


ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement.

Number 1- Location Map, Number 2 – Local Appropriation Resolution. (Insert addendum numbers and titles as applicable)

The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above.

APPROVED APPROVED

Local Agency State of Illinois Department of Transportation

Name of Official (Print or Type Name) Erica J. Borggren, Acting Secretary Date By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date

The above signature certifies the agency’s TIN number is Michael A. Forti, Chief Counsel Date

conducting business as a Governmental Entity.

DUNS Number Tony Small, Director of Finance and Administration Date

NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required.

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The requested map will be created for study purposes only.Please refer to the official recorded plats or deeds for the actual legaldescriptions and property dimensions. No liability is assumed for the accuracy of the data delineated herein, either expressed orimplied by the Village of Oswego or its employees. This work is protected by the United States Copyright Act of 1976 (17 U.S.C.Sec101 et seq). You are not permitted to use and/or reproduce any part of a copyrighted work of the Village of Oswego inviolation of Federal Copyright Law. Doing so may result in prosecution under such law. If you wish to use property in which theVillage of Oswego owns a copyright, you must obtain written permission through the Community Development Department inthe Village of Oswego, located at 100 Parkers Mill, Oswego, Il linois 60543. Overview

Village of Oswego

MEMORANDUM



From: Mark G. Horton, CPFO, Village Treasurer/Finance Director

Date: April 1, 2015


Subject: Second Amendment to Lease Agreement with New Cingular Wireless PCS, LLC for Equipment installed

on the Ogden Falls Water Tower

Purpose

Discuss Second Amendment to existing tower rental lease agreement

Background


Date Action May, 13, 1998 Option and site lease agreement approved by Village

Board

February, 18, 2005 First Amendment to lease agreement signed reducing

monthly rental amount , lease term , etc.

Discussion

The Village received notice from Nexius on November 19, 2014 informing the Village that upgrades to the existing

equipment installed on the Village Water Tower at 378 Ogden Falls Boulevard would need to be made in the near future.

In March, 2015 the Village received the request to approve a Second Amendment to the existing lease agreement. The

monthly rental per the original agreement would currently be $1,825.05 if the First Amendment initiated by Nexius had

not reduced the monthly rent to $682 back in February, 2005. Based on the current market and the last tower agreement

completed by the Village, I am suggesting the monthly rent be increased to $2,000 as of July 1, 2015. I have modified the

Second Amendment to include this language and with Village Board approval, will forward the revised Second

Amendment to Cingular Wireless PCS, LLC for their signature and concurrence.

Funding

Not applicable

Recommendation

Authorize the signing of the Second Amendment.


Not applicable




_______________________________________________________________________

A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE

LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR EQUIPMENT INSTALLED ON THE OGDEN FALLS WATER TOWER

________________________________________________________________________




affairs; and



WHEREAS, it is in the best interest of the Village of Oswego to execute the Agreement between

the Village of Oswego and the Village of Oswego Sergeants substantially in the form attached hereto as

Exhibit "A".



COUNTIES, ILLINOIS, AS FOLLOWS:

SECTION 1.

The Village President and Village Clerk be and are hereby authorized and directed to execute on

behalf of the Village of Oswego the second amendment to the lease agreement substantially in the form

attached hereto as Exhibit "A".

SECTION 2. REPEALER










This Resolution shall be in full force and effect from and after its passage.

PASSED by the Board of Trustees of the Village of Oswego, Kendall and Will County, Illinois

this 14th day of April 2015.




APPROVED by me, Brian LeClercq, as President of the Village of Oswego, Kendall and Will

Counties, Illinois, this 14th day of April 2015.

___________________________________ BRIAN LECLERCQ, VILLAGE PRESIDENT ATTEST: __________________________ Tina Touchette, Village Clerk

STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL AND WILL )

CLERK'S CERTIFICATE I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego, Kendall and Will Counties, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: A RESOLUTION AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO THE

LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR EQUIPMENT INSTALLED ON THE OGDEN FALLS WATER TOWER

which Resolution was duly adopted by said Board of Trustees at a regular meeting held on the 14th day of April 2015. I do further certify that a quorum of said Board of Trustees was present at said meeting and that the Board complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this __ day of April 2015. Tina Touchette, Village Clerk


Version 4-7-2010 MD Form Amendment 1

Market: Chicago Cell Site Number: IL1682 Cell Site Name: 2056/OSWEGO WATER TANK Fixed Asset Number: 10074509

SECOND AMENDMENT TO LEASE AGREEMENT

THIS SECOND AMENDMENT TO LEASE AGREEMENT (“Second Amendment”), dated as of the latter of the signature dates below, is by and between, The Village of Oswego, an Illinois Municipal Corporation, having a mailing address of 100 Parkers Mill , Oswego IL 60543, (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr. NE, Atlanta, GA 30324 (“Tenant”).

WHEREAS, Landlord and Tenant entered into a Lease Agreement dated May 13, 1998, as amended by the First Amendment to Lease Agreement dated February 3, 2008 whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 378 Ogden Falls Boulevard, Oswego, IL 60643(“Agreement”); and WHEREAS, Landlord and Tenant desire to amend the Agreement to revise the current lease space; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Additional Equipment. Subject to the conditions specified in this Second Amendment, Landlord hereby consents to the entitlements of (12) Panel Antennas, (12) TMAs, (15) RRUs, (3) Surge Protectors, 12 1-5/8” Coax, (12) 7/8” Coax, (2) DC Cables, and (2) Fiber Cables as more completely described on Exhibit 2, which is attached hereto and incorporated herein. Landlord’s execution of this Second Amendment will signify Landlord’s approval of Exhibit 2. 2. Modification of Lease Space. Subject to the terms and conditions specified in this Amendment, Landlord hereby consents to the installation of Tenant’s equipment, as more completely described on Exhibit 2. Landlord’s execution of this Amendment will signify Landlord’s approval of Exhibit 2. 3. Modification of Rent. Commencing on July 1, 2015, the Rent payable under the Agreement shall be $2,000 per month, and shall continue during the Term. Future rent increases will remain as stated in the current agreement. 5% increases of the then current rent at the beginning of each Term. Next increase will be February 1, 2020.

ttouchette

Typewritten Text

EXHIBIT A


4. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Second Amendment, the terms of this Second Amendment shall control. Except as expressly set forth in this Second Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Second Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement.

IN WITNESS WHEREOF, the parties have caused their properly authorized

representatives to execute and seal this Second Amendment on the dates set forth below.

“LANDLORD”

The Village of Oswego, an Illinois Municipal Corporation

By:

Name: Title:

Date:

“TENANT” New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager By:

Name: Title:

Date:

[ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE]


ATTACHMENT 1

MEMORANDUM OF LEASE

Prepared by: Lindsay Kasavich

Nexius Solutions, Inc.

16545 West Beloit Road

New Berlin, WI 53151

Return to: Nexius Solutions, Inc. 16545 W. Beloit Avenue New Berlin, WI 53151 Re: Cell Site #IL1682; Cell Site Name: 2056/ OSWEGO WATER TANK Fixed Asset Number: 10074509 State: Illinois County: Kendall

MEMORANDUM OF

LEASE This Memorandum of Lease is entered into on this ____ day of ______________, 2015, by and between The Village of Oswego, an Illinois Municipal Corporation, having a mailing address of 100 Parkers Mill, , Oswego IL 60543, (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Dr. NE, Atlanta, GA 30324 (“Tenant”).

1. Landlord and Tenant entered into a certain Lease Agreement (“Agreement”) on the 13 day of May, 1998, as amended by that certain First Amendment to the Lease Agreement for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement.

2. The initial lease term will be five (5) years (“Initial Term”) commencing on the Effective

Date of the Agreement, with four (4) successive five (5) year options to renew.


3. The portion of the land being leased to Tenant (the “Premises”) is described in Exhibit 1 annexed hereto.

4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or

construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.

IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. “LANDLORD” The Village of Oswego an Illinois Municipal Corporation By: Print Name: Its: Date:

“TENANT” New Cingular Wireless PCS, LLC, By: AT&T Mobility Corporation Its: Manager By: Print Name: Its: Date:

[ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE]


TENANT ACKNOWLEDGEMENT

STATE OF ILLINOIS

COUNTY OF ________________

On this the ______ day of _________, ____, before me, a Notary Public, personally appeared __________ ___________, who acknowledged himself/herself/themselves to be the _______________of ____________, a limited liability company, and that he/she/they, as such ___________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the limited liability company by himself/herself/themselves as _______ ______.

In witness whereof I hereunto set my hand and official seal.

____________________________

NOTARY PUBLIC

Print Name: __________________

My Commission Expires:_____________________

LANDLORD ACKNOWLEDGEMENT 1. Individual:

STATE OF ILLINOIS

COUNTY OF ________________

Personally appeared before me, a Notary Public, in and for said county and state, on this _____ day of _____, 20___, the within named ______________, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and who acknowledges that he/she/they (strike one) executed the same for the purposes therein contained.

______________________________

NOTARY PUBLIC

Print Name: ___________________

My Commission Expires: ________


2. Corporation:

STATE OF ILLINOIS

COUNTY OF ________________

On this the ______ day of _________, ____, before me, a Notary Public, personally appeared __________ ___________, who acknowledged himself/herself/themselves to be the _______________of ____________, a corporation, and that he/she/they, as such ___________________, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself/themselves as _______ ______.


____________________________

NOTARY PUBLIC

Print Name: __________________

My Commission Expires:_____________________

3. Individual Acting as Attorney-in-Fact:

STATE OF ILLINOIS

COUNTY OF ________________

On this the _______day of ________, 20_______, before me, ______________, the undersigned officer, personally appeared _______________, known to me (or satisfactorily proven) to be the person whose name is subscribed as attorney in fact for ______________, and acknowledged that he executed the same as the act of his principal for the purposes therein contained.


______________________________

NOTARY PUBLIC

My Commission Expires:

___________________


EXHIBIT 1

DESCRIPTION OF PREMISES

Page 7 of 9 to the Memorandum of Lease dated _____________ ___, 2015, by and between Village of Oswego, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware liability company, as Tenant.

The Premises are described and/or depicted as follows:


EXHIBIT 2

See attached exhibits comprised of 13 pages, last revision date 02/23/2015, prepared by Fullerton.

Notes: 1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE

RECEIVED BY TENANT. 2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE

APPLICABLE GOVERNMENTAL AUTHORITIES. 3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES,

INCLUDING POLICE AND FIRE DEPARTMENTS. 4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE

ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.

MEMORANDUM



From: Mark G. Horton, CPFO, Village Treasurer/Finance Director

Date: April 1, 2015


Subject: Amend Section 1-19-15 (C) of the Village Purchasing Policy

Purpose

Modify the spending limits in section 1-19-5 (C) in the Village Purchasing Policy and clarify other text

and wording.

Background


Date Action

June 4, 2013 Adopted Village Purchasing Policy

Discussion

The Village has introduced new purchasing cards for all Village Employees to make routine daily

purchases, travel related costs, training charges, etc. The new program has stronger controls over each

card including daily charge limits, monthly charge limits, single transaction limits and commodity

restrictions. The spending limits per the purchasing policy are not sufficient any longer due to the

increases in the costs of commodities. Finance staff set the limits on the new purchasing program to

allow employees and department heads to use the purchasing card as the first payment option for all

purchases. Accounts Payable has also contacted each vendor as invoices are presented for payment to

determine if the Village can pay using the purchasing card. This is the reason for the increase in the

single purchase limits and an additional limit being added to the Purchasing Policy. The Accounts

Payable limit is being added with a single purchasing limit of $200,000 to accommodate the paying of

some of the larger vendors such as Groot which averages a monthly charge of $180,000. Finance has put

in some additional internal controls on this one purchasing card because of the higher purchasing limit.

The new program provides an annual rebate on the total volume of purchases each calendar year. The

rebate percentage increases from .25% to 1.3% as the annual volume increases. Initially, the Village is



2

anticipating receiving a 1% rebate this first year on a total volume of $1,000,000. We expect the annual

volume to grow in subsequent years.

To accommodate the increased costs of commodities and paying the majority of vendors with the new

cards, the spending limits on the majority of the cards are above what is currently in the Purchasing

Policy. The change to the Purchasing Policy will now be in agreement with the individual cardholder

limits.

The paying of vendors with the purchasing card is also one of the tasks under the Strategic Plan Goal 4.2.

This program will complete this task under the goal.

Funding

N/A

Recommendation

Adopt the Ordinance


S.P.O. 1.4 Create a work environment that is conducive to a high-performing municipal

organization

S.P.O. 4.2 Model desired behavior by adopting eco-friendly Village practices

Task 2; Consider implementing ACH payments to all Village vendors.

VILLAGE OF OSWEGO

KENDALL COUNTY AND WILL COUNTY, ILLINOIS

ORDINANCE NO. 15 -- ___

AN ORDINANCE AMENDING TITLE 1 CHAPTER 19 SECTION 15 (C) OF THE

VILLAGE CODE OF ORDINANCES FOR THE VILLAGE OF OSWEGO,


(PURCHASES- SPENDING PROCEDURES)

ADOPTED BY

THE PRESIDENT AND BOARD OF TRUSTEES

OF THE VILLAGE OF OSWEGO

This 14th day of April, 2015

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Oswego on April ___, 2015.

2






______________________________________________________________________

WHEREAS, the Village of Oswego (“Village”) has a population of more than 25,000

and is therefore a “Home Rule Unit” under the 1970 Illinois Constitution; and

WHEREAS, the Illinois Constitution of 1970 provides that a Home Rule Unit may

exercise any power and perform any function pertaining to its government and affairs, including

but not limited to the power to regulate for the protection of the public health, safety, morals and

welfare; to license, to tax; and to incur debt; and

WHEREAS, the Village has in full force and effect a codified set of those ordinances of

the Village which are of a general and permanent nature, which said codified set is known and

designated as the Village Code of the Village of Oswego, as amended; and

WHEREAS, on June 4, 2013 the Village Board adopted the Village purchasing policy;

and.

WHEREAS, Chapter 19 Section 15 provides for the spending procedures of the purchasing policy; and

WHEREAS, the spending limits per the purchasing policy are not sufficient any longer due to the increases in the costs of commodities; and

WHEREAS, a new purchasing card program has been implemented which has stronger controls over each card including daily charge limits, monthly charge limits, higher single transaction limits and commodity restrictions; and

WHEREAS, the Village Board finds it necessary and proper to amend said Code as

follows, which this Board finds in the best interests of the Village of Oswego.

NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND


COUNTY, ILLINOIS, as follows:

3

SECTION 1: Amendments to Section 1-19-15 (C) is adopted and incorporated into

Chapter 19, as follows.

1-19-15 (C): SPENDING PROCEDURES:

(C) Village debit/credit cards are issued to those staff members that regularly make purchases that either may be paid or the use of a debit/credit card makes at the time of purchase. Debit/Credit cards can be issued only with the approval of the village treasurer and the respective department head. The spending limits on these cards are:

Standard limit $ 3,000 .00

Police captains 5,000 .00

Department heads 5,000 .00

Village administrator 10,000 .00

Accounts Payable 200,000


If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance

shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment

shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall

remain and continue in full force and effect.

SECTION 3. REPEALER

All ordinances, resolutions, orders or parts thereof, which conflict with the provisions of

this ordinance, is to the extent of such conflict, hereby repealed.


This Ordinance shall be in full force and effective May 1, 2015 with Village Board

approval. Publication in pamphlet form is hereby authorized, as provided by law.

4

PASSED by the Board of Trustees of the Village of Oswego, Kendall County and Will

County, Illinois this 14th day of April, 2015.




APPROVED by me, Brian LeClercq, as Village President of the Village of Oswego,

Kendall County and Will County, Illinois this 14th day of April, 2015.

_____________________________________ BRIAN LeCLERCQ, VILLAGE PRESIDENT

_____________________________________ TINA TOUCHETTE, VILLAGE CLERK

5

STATE OF ILLINOIS )

) SS

COUNTY OF KENDALL )

AND WILL

CLERK'S CERTIFICATE

I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego,

Kendall County and Will County, Illinois, do hereby certify that I am the keeper of its books and

records and that the attached hereto is a true and correct copy of an Ordinance entitled:





which Ordinance was duly adopted by said Board of Trustees at a regular meeting held on the

14th day of April, 2015.

I do further certify that a quorum of said Board of Trustees was present at said meeting and

that the Board complied with all requirements of the Illinois Open Meetings Act.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of April, 2015.

Tina Touchette, Village Clerk

Village of Oswego

(Seal)

EXHIBIT A

Chapter 19 PURCHASES

1-19-1: PURCHASING OBJECTIVES:

(A) It is the purpose of this chapter to establish that the principle of competitive bidding and economical procurement practices shall be applicable to all purchases as herein described.

(B) The village encourages local businesses and minority and woman owned business enterprises to bid on village purchases and projects.

(C) The village finance director shall be the general purchasing agent of the village. Subject to the terms of this chapter, the finance director or his/her designee shall purchase all materials, supplies, services and equipment necessary for the operation of the village.

(D) Procurement procedures shall be consistent with any applicable federal, state and local laws and any contractual obligations with other governmental agencies.

(E) The purchasing requirements as herein established are to be construed as minimum requirements which do not restrict those authorized to make purchases for the village to go beyond these requirements.

(F) The purchasing requirements will not necessarily govern every purchasing situation which may arise. In the event a specific purchase is not covered by these requirements, the purchase shall be made based on these objectives following consultation with the finance director.

(G) Unless specifically agreed otherwise by the village, all purchasing agreements shall provide that payment will be made in compliance with the local government prompt payment act. It is the policy and direction of the board of trustees that staff shall to the greatest extent possible maximize interest earnings for the village. Therefore, unless contractually required otherwise or to avoid any late payment fee, interest, or penalty, all bills shall be approved for payment within thirty (30) days after the bill is received or the goods and services are provided, whichever is later. Payment of bills shall be made as close to thirty (30) days after approval for payment as is reasonably possible without incurring late payment fees, interest, or penalties. (Ord. 08-16, 2-5-2008)

1-19-2: Definitions

Invitation for Bids: All documents, whether attached or incorporated by reference, utilized for soliciting bids.

Local Business: A business that: 1) maintains a primary place of business, which shall include locations of manufacturing, production, distribution or employment of other non-family individuals, within the municipal boundaries of the village and is subject to village taxes, including, but not limited to, sales taxes; or 2) has its primary place of business within an approximately 12 mile radius from the Village Hall located at 100 Parkers Mill, Oswego, Illinois

Responsible Bidder: An individual or entity that has the capability in all respects to perform fully the contract requirements, and possesses the integrity and reliability that will ensure good faith performance.

Responsive Bidder: An individual or entity that has submitted a bid that conforms in all material respects to the invitation for bids.

Specification: Any description of the physical or functional characteristics of the nature of a supply, service or construction item. A specification may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.

Subcontractor: An individual or entity that enters into a contractual agreement with a person or entity who has a contract subject to this Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary village contract, including subleases.

1-19-3: COMPETITIVE BIDDING REQUIREMENTS:

(A) General Rules And Requirements:

1. Purchases and contracts shall be competitively bid based on the requirements set forth herein, except as otherwise provided herein.

2. For the purposes of competitive bidding, purchases in this category are those that are nonroutine and nonday to day in nature. These purchases shall be for either goods or services.

3. The purchasing requirements, as herein described, shall apply to all leases, where the village is the lessee, where the total amount of the lease payments shall be construed as the total purchase amount. The leasing of real property shall not be controlled by this chapter.

4. No purchases or contracts shall be split into parts for the purpose of avoiding the provision of the otherwise applicable bidding requirements.

5. Any agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void.

6. Bulk purchases and interdepartmental purchases are encouraged in order to take advantage of quantity discounts.

7. Explanations for purchases and contracts which were not incorporated into the fiscal year budget and which cost in excess of one thousand dollars ($1,000.00) of that general ledger account number shall be documented and attached to the informal or formal bid sheets as provided in subsections (B) and (D) of this section.

(B) Informal Bids For Purchases And Contracts In Excess Of One Thousand Dollars And Up To Ten Thousand Dollars:

1. For all purchases and contracts in excess of one thousand dollars ($1,000.00) and up to ten thousand dollars ($10,000.00), the purchaser shall obtain three (3) or more quotations as

provided in subsection (B)2 of this section and the order shall be awarded to the lowest responsible bidder.

2. Quotations shall normally be obtained by telephone, e-mail or fax except when the specifications cannot be effectively expressed orally. In this case, a written request for quotation will be sent to potential bidders.

3. All quotations shall be documented on an informal bid sheet (see appendix A attached to ordinance 05-31). If three (3) quotations cannot be obtained or if other than the lowest quote is being recommended for purchase, the reasons shall be documented on the informal bid sheet. (Ord. 05-31, 3-28-2005)

4. The Department Head will complete a memorandum summarizing the facts and specifics of the solicitation and attach a copy of the informal bid sheet For purchases in excess of one thousand dollars ($1,000.00) and up to five thousand ($5,000) dollars, the Department Head must sign the documentation authorizing the purchase. For purchases in excess of five thousand dollars ($5,000) and up to ten thousand dollars ($10,000.00), the Department Head will provide the purchase documentation to the Village Administrator requesting approval for the purchase. Purchases above ten-thousand dollars ($10,000.00) require the approval of the Village Board. (Ord. 09-15, 2-17-2009)

(C) Purchases And Contracts Less Than One Thousand Dollars:

Purchases and contracts of one thousand dollars ($1,000.00) or less may be made without bids although the responsibility still exists for making the most economical purchases through periodic bidding or spot price checks. A department head or his or her designee may make purchases of one thousand dollars ($1,000.00) or less.

(D) Formal Bids For Purchases In Excess Of Ten Thousand Dollars:

1. For all purchases and contracts in excess of ten thousand dollars ($10,000.00), bids shall be obtained as provided in this subsection and the contract shall be awarded to the lowest responsible bidder as determined under subsection (F)(4) and Sections 1-19-4 and 1-19-5.

2. An invitation for bids shall be issued for contracts under this subsection and shall include specifications and all contractual terms and conditions applicable.

3. Bids shall be obtained through the use of bidders’ lists and by publishing notice of an invitation for bids in a newspaper of general circulation throughout the village and on the village web site and/or applicable trade publications.

4. Adequate public notice of an invitation for bids shall be published at least ten (10) days, excluding Sundays and legal holidays, in advance of the due date announced in the invitation for bid opening.

5. At a minimum, all invitations for bids shall include the time, date, location of the bid opening, general conditions and requirements, detailed specifications, a proposal sheet requiring the bidder's signature and any other information deemed appropriate to maximize competition.

6. All formal bids must be sealed and submitted to the Village Clerk prior to the date and time stated for the opening of bids.

7. Formal bid results shall be documented on a formal bid sheet (see appendix B attached to ordinance 05-31). If three (3) bids cannot be obtained, or if other than the lowest bid is being recommended for purchase, the reasons shall be documented along with the formal bid sheet.

8. All contracts to be awarded pursuant to formal bids shall be approved by the board of trustees.

9. No contract awarded to the lowest responsible bidder shall be assignable or sublet by the successful bidder without the written consent of the village finance director or designee. In no event shall a contract or any part thereof be assigned or sublet to a bidder who had been declared not to be a responsible bidder in the consideration of bids submitted in response to an invitation for bids for the particular contract.

(E) Term Contracts:

1. Bids for supply contracts for a definitive term may be sought for supplies, materials, services or equipment.

2. Term supply contracts shall be awarded pursuant to the informal and formal bid procedures in subsections (B) and (D) of this section.

(F) Construction Contracts:

1. Competitive bidding shall be used for all contracts for public improvements in excess of ten thousand dollars ($10,000.00).

2. For construction contracts in excess of fifty thousand dollars ($50,000.00), bids shall be secured by a certified check, bank draft, satisfactory bid bond or approved letter of credit in the amount of ten percent (10%) of the total bid price.

3. Bid deposits shall be held for a period as is specified in the bidding instructions.

4. No bid shall be withdrawn for a period of thirty (30) days or the time indicated in the contract subsequent to the opening of bids without the consent of the village.

5. To be considered a responsible bidder on a construction contract for purposes of this code, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance:

(a) The bidder must furnish and pay(upon award of the contract ) for satisfactory performance, labor and material payment bonds in the amount of one hundred ten percent (110%) of the contract amount and any other security required by law or by the specifications for the particular project. Upon receipt of the performance bond, the village will return the bid bond to the bidder.

(b) The bidder must comply with all applicable laws prerequisite to doing business in the state.

(c) The bidder must have a valid federal employer tax identification number or tax identification number (for individuals).

(d) The bidder must provide a statement of compliance with provisions of the State and Federal Equal Opportunity Employer requirements.

(e) The bidder must provide a valid certificate of insurance showing the following coverages: general liability, professional liability, product liability, workers’ compensation, completed operations, hazardous occupation, and automobile.. All insurance certificates, except workers compensation, must name the village as an additional insured. The extent of coverage and terms shall be included in the bidding instructions.

(f) The bidder must comply with all provisions of the Illinois Prevailing Wage Act, 820 ILCS 130.1, et seq.

(g) The bidder must provide evidence of any professional or trade license required by law or local ordinance for any trade or specialty area in which the contractor is seeking a contract award. Additionally, the contractor must disclose any suspension or revocation of such license held by the company, or of any director, officer, or manager of the company any material changes to the contractor's status, at any time, must be reported in writing to the village within 14 days of its occurrence. Failure to comply with this requirement is grounds for the contractor to be deemed nonresponsible.

(h) The bidder must provide the name and addresses of all known subcontractors, the general type of work to be performed by these subcontractors, and the expected amount of money that each will receive under the contract. If at any time during the term of a contract, a contractor adds or changes any subcontractors, he or she shall promptly notify, in writing, the village finance director or their designee of the names and addresses of each new or replaced subcontractor and the general type of work to be performed.

(i) The bidder must provide an affidavit indicating all incomplete work under contract and all pending contracts, along with a schedule of the expected completion of each such contract.

1-19-4: EVALUATION OF BID

Contracts shall be awarded, after final action by the village trustees, to the lowest responsible bidder. In determining the "lowest responsible bidder," in addition to price, the village in its discretion may consider other factors, including but not limited to:

(1) The ability, qualifications, capacity and skill of the bidder to perform the contract or provide the service required;

(2) The ability of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference.

(3) The character, integrity, reliability, reputation, judgment, experience, longevity and efficiency of the bidder, including but not limited to: past performance record; default under previous contracts, whether such contracts were with the village; competency; and failure to pay or satisfactorily settle all bills due for labor and material on former contracts;

(4) The quality of performance by the bidder of previous contracts for services;

(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service;

(6) The bidder’s financial stability and its sufficiency of financial resources to perform the contract or provide the service;

(7) The quality, availability and suitability of the bidder’s supplies, goods, equipment or contractual services to the particular purpose or use intended;

(8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract, including guarantees;

(9) The number and scope of conditions attached to the bid;

(10) Whether the bidder is entitled to a local business preference as set forth in Section 1-19-5;

(11) Other factors deemed by the village to be material and relevant.

In addition, those criteria that will affect the bid price, and be considered in evaluation for award, shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs.

1-19-5: LOCAL BUSINESS AND RESIDENT PREFERENCE (A) Notwithstanding anything to the contrary in this chapter, when a contract is to be awarded to the lowest responsible bidder, a local business may be allowed a preference as against a non-local business. In the award of contracts by competitive bids, a local business who is otherwise deemed to be a responsive and responsible bidder may be deemed the lowest bid if the local business’s total bid is generally not more than 5% higher than the lowest non-local bid. (B) Any person, business, organization or bidder that submits false or misleading information in connection with an assertion that such person, business, organization or bidder constitutes a local business under this section shall be subject to being suspended from doing business with the village. In case of a dispute about the application of this provision, the decision of the village finance director or his designee shall be final. The provisions of this subsection shall not be applied to a contract if the funding source prohibits local preference by law, rule or regulation. 1-19-6: EMERGENCY PROCUREMENTS:

(A) Emergency contracts or procurements may be made in the best interest of the public without competitive bidding or prior notice when: 1) there exists a threat to public health, safety, or welfare; or 2) when immediate expenditure is necessary to prevent or minimize serious disruption in critical village services that affect public health, safety or welfare; and where the amount thereof is not in excess of fifty thousand dollars ($50,000.00). The term of the emergency contract or purchase shall be limited to the time reasonably needed for a competitive procurement. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

(B) Such emergency purchases may be made or contracts awarded by the following succession of village officials:

1. The village president.

2. The village administrator.

3. The finance director.

4. The finance committee chairman.

5. The department head pertinent to the emergency.

Only in the absence of all preceding official(s) will a subsequent official be called upon to make an emergency purchase decision. For instance, the only time the finance director would be asked to make an emergency purchase decision would be in the absence of both the village president and village administrator. For terms of this policy, the absence of the preceding official(s) will mean either a vacancy in the position or the inability to make physical, voice or other forms of communicative connection to that official.

(C) The finance director shall report any emergency purchases in excess of ten thousand dollars ($10,000.00) to the board of trustees at its next regular meeting following said emergency purchase, giving the name of the vendor, date, description of the item or items purchased, the amount of the purchase, the nature of the merchandise and the justification of the emergency purchase. (Ord. 05-31, 3-28-2005)

1-19-7: BID EXEMPTIONS:

(A) Unless prohibited by state or federal law, the following contracts and any other contracts, which by their nature are not adapted to award by competitive bidding, shall be exempt from the competitive bid procedures specified by subsections 1-19-2(B) and (D) of this chapter:

1. Purchases of professional services with individuals or firms holding a professional license or possessing a high degree of professional skill or expertise where the ability and fitness of the individual or organization plays an important part in the performance of the contract, such services include but are not limited to, the services of consultants, doctors, engineers, attorneys, testing services, auditors, certified public accountants, bond consultants, insurance brokers or consultants, real estate appraisers, and architects.

2. Items available only from a single or dual source(s);

3. Utilities;

4. Purchases of magazines, papers, books or similar articles of an educational or instructional nature;

5. Procurements through state, federal, local or other governmental agency contracts;

6. Classifieds;

7. Licenses and permits;

8. Contracts for maintaining or servicing equipment, providing repair parts or supplies for equipment which are made with the manufacturer or authorized service agent of that equipment

where the provision of parts, supplies, maintenance or servicing can best be performed by the manufacturer or authorized service agent;

9. Contracts for the printing or engraving of bonds, financial documents, water certificates, tax warrants and other evidences of indebtedness;

10. Purchases of equipment which, by reason of training of village personnel or an inventory of replacement parts maintained by the village, are compatible with the existing equipment or systems owned by the village;

11. Purchases which can be made at a public auction, close-out sale, bankruptcy sale or other similar sale at a cost below market cost;

(B) Purchases meeting any of the above mentioned bid exemptions but are in excess of ten thousand dollars ($10,000.00) shall require approval by the board of trustees.

(C) Purchases exempt from competitive bid procedures shall competitively negotiate the final cost of the good or service to be purchased.

(D) By a two-thirds (2/3) vote of the trustees then holding office the board of trustees may waive competitive bidding for any contract. (Ord. 05-31, 3-28-2005)

1-19-8: OPENING OF BIDS:

(A) All formal bids shall be opened publicly by the Village Clerk or by a his/her designee in the presence of one or more witnesses at the time and place stated in the invitation for bids.

(B) All formal bids shall be open to a public inspection for a period of at least forty eight (48) hours before a contract is awarded, except such information that discloses proprietary or financial information submitted in response to qualification statements. (Ord. 05-31, 3-28-2005)

1-19-9: REJECTION OF BIDS:

(A) The village reserves the right to cancel invitations for bids or requests for proposals without penalty when it is in the best interest of the village. Notice of cancellation shall be sent to all individuals or entities solicited.

(B) The village reserves the right to reject any or all bids, to waive any minor informality or irregularity in any bid, to negotiate changes and/or modifications with the lowest responsible bidder and to make award to the response deemed to be the most advantageous to the village. Bidders shall be required to comply with all applicable federal, state and local laws, including those relating to employment of labor without discrimination on the basis of age, race, color, handicap, sex, national origin or religious creed.

(C) Any bid not in conformity with the specifications or requirements set forth by the village in the bid request may be rejected. (Ord. 05-31, 3-28-2005)

(D) Bids may also be rejected if they are made by a bidder that is deemed unresponsible under Section 1-19-4 due to a lack of qualifications, capacity, skill, character, experience, reliability, financial stability or quality of services, supplies, materials, equipment or labor.

1-19-10: AWARD OF BID:

(A) Formal bid submission shall be tabulated and a recommendation shall be prepared by the department making a purchase subject to the formal bid requirements provided in subsection 1-19-2(D) of this chapter and sent to the finance director for review. If an award is to be made to other than the lowest bidder or if the purchase was not included in the fiscal year budget, justification must be made in writing.

(B) The finance director shall send a recommendation and tabulation of all formal bids received for purchases meeting the requirements provided in subsection 1-19-2(D) of this chapter to the village president and the board of trustees for consideration of awarding a formal contract. (Ord. 05-31, 3-28-2005)

(C) All awards made in accordance with this Code are final determinations.

1-19-112: CHANGE ORDERS:

(A) After a contract is awarded pursuant to the competitive bid procedures specified herein, additional purchases or modifications may be made under the contract, or the terms of the contract may be extended, without rebidding the materials, supplies, services or equipment involved, provided that the change order:

1. Is not of such a size or nature as to undermine the integrity of the original bidding process; and

2. Is germane to the original contract; and

3. Does not exceed twenty percent (20%) of the contract amount; and

4. Is approved by the board of trustees. However, the village administrator, or his/her designee, can approve change orders for amounts that adhere to the guidelines found in this section and are not greater than fifteen thousand dollars ($15,000.00). The village board shall be informed of any such village administrator approved change order at the next village board meeting.

Change orders for contracts for public improvements shall be as provided by state law. (Ord. 07-70, 4-23-2007)

1-19-12: Conflict of Interest

(A) No village officer or employee, elected or appointed, shall be interested, directly or indirectly, in his own name or in the name of any other person, association, trust, or corporation, in any contract made and entered into under the provisions of this article, for any work to be done, or materials, or profits thereof, or services to be furnished or performed for the municipality or for any person operating a public utility wholly or partly within the territorial limits of the municipality. All contracts so made in which such officer or employee, or the village administrator or village finance director, shall be so interested shall, at the option of the village, be declared unlawful and void, and of no binding effect whatsoever; and such officer or employee interested in any contract shall be subject to oral or written warnings, suspension or dismissal at the discretion of the village upon proof of such delinquency.

(B) However, any elected or appointed member of the village may provide materials, merchandises, property, services or labor, if:

1. The contract is with a person, firm, partnership, association, corporation, or cooperative association in which such interested member has less than a 7½% share in the ownership; and

2. Such interested member publicly discloses the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and

3. Such interested member abstains from voting on the award of the contract, though he shall be considered present for the purposes of establishing a quorum; and

4. Such contact is approved by a majority vote of those members presently holding office; and

5. The contract is awarded after sealed bids to the lowest responsible bidder if the amount of the contract exceeds $1,500, or awarded without bidding if the amount of the contract is less than $1,500; and

6. The award of the contract would not cause the aggregate amount of all such contracts so awarded to the same person, firm, associations, partnership, corporation, or cooperative association in the same fiscal year to exceed $25,000.

(C) In addition to the above exception, any elected or appointed member of the village may provide materials, merchandise, property, sales or labor if:

1. The award of the contract is approved by a majority vote of the board of trustees provided that any such interested member shall abstain from voting; and

2. The amount of the contract does not exceed $1,000; and

3. The award of the contract would not cause the aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $2,000; and

4. Such interested member publicly discloses the nature and extent of this interest prior to or during deliberations concerning the proposed award of the contract; and

5. Such interested member abstains from voting on the award of the contract, though he shall be considered present for the purposes of establishing a quorum.

(D) A contract for the procurement of public utility services by a municipality with a public utility company is not barred by this Section by one of more members of the village board of trustees being an officer or employee of the public utility company or holding an ownership interest of no more than 7½% in the public utility company. An elected or appointed member of the village having such an interest shall be deemed not to have a prohibited interest under this Section.

(E) Any officer who violates this Section is guilty of a Class 4 felony and in addition thereto any office held by such person so convicted shall become vacant and shall be so declared as part of the judgment of the court.

(F) Nothing contained in this Section, including the restrictions set forth in subsections (B), (C), and (D), shall preclude a contract of deposit of monies, loans or other financial services by a municipality with a local bank or local savings and loan association, regardless of whether a member or members of the village board of trustees are interested in such bank or savings and loan association as an officer or employee or as a holder of less than 7½% of the total ownership interest. A member or members holding such an interest in such a contract shall not be deemed to be holding a prohibited interest for purposes of this Act. Such interested member or members of the governing body must publicly state the nature and extent of their interest during deliberations concerning the proposed award of such a contract, but shall not participate in any further deliberations concerning the proposed award. Such interested member or members shall not vote on such a proposed award. Any member or members abstaining from participation in deliberations and voting under this Section may be considered present for purposes of establishing a quorum. Award of such a contract shall require approval by a majority vote of those members presently holding office. Consideration and award of such contract in which a member or members are interested may only be made at a regularly scheduled public meeting of the board of trustees.

1-19-13: PETTY CASH:

(A) Petty cash accounts may be established, with the approval of the finance director, to expedite miscellaneous small purchases. Petty cash can be used by all departments for facilitating the transaction of village business but shall not normally be authorized for purchases in excess of one hundred dollars ($100.00).

(B) The use of petty cash shall be limited to:

1. The payment of handling or COD charges for goods delivered.

2. Small purchases that must be made in a timely fashion.

3. The filing of all ordinances, resolutions, etc., with Kendall County until such a time that the county will accept either a credit card or bill the village for such services. This item is exempt from the one hundred dollar ($100.00) limitation detailed in subsection (A) of this section.

(C) Petty cash requests must be accompanied by a receipt and approved by the department head for which the purchase was made. The expense account number must be included on the receipt. (Ord. 05-31, 3-28-2005)

1-19-14: SPENDING LIMITS:

(A) Department heads of the village, or their assignees, in the performance of their respective duties on behalf of the village, shall be empowered to authorize the ordering or purchase of budgeted materials, fixtures, equipment, services and supplies as may be deemed essential in the normal, day to day, course of business up to twenty thousand dollars ($20,000.00), in conformance with this chapter.

(B) Authorization of any expenditure in excess of the limits prescribed above, shall be granted only by action of the village board of trustees and may be subject to competitive bidding as prescribed in subsection 1-19-2(D) of this chapter. (Ord. 05-31, 3-28-2005)

1-19-15: SPENDING PROCEDURES:

(A) Any expenditure on behalf of the village of Oswego shall only be ordered by following the procedures outlined in this policy. If a vendor requires a purchase order, one can be obtained from the Finance department. Purchases made on site may be completed using petty cash or a village credit card. Petty cash procedures are detailed in section 1-19-10 of this chapter. Credit card procedures are described in subsection (C) of this section.. Reimbursements for village purchases or expenditures, including travel expenses, may be obtained by submitting a completed expense report, with receipts and signed by the department head, to finance. A reimbursement check will then be issued.

(B) Procedures for using purchase orders (if required by the vendor) are as follows:

1. The purchase order number shall be given to the vendor and shown on the ordering invoice.

2. One copy will be sent to the vendor (if required) or kept in the department that originated the purchase.

3. A second copy will be sent, along with the vendor's invoice for payment, to finance to be processed for check disbursement.

4. Information included on the purchase order shall include the date, description of item purchased, quantity of items purchased, amount of the purchase (all charges included - shipping, handling, etc.), name of the vendor, address of the vendor, account number to be charged, signature of department head or authorized signer.

(C) Village debit/credit cards are issued to those staff members that regularly make purchases that either require a debit/credit card for payment or the use of a debit/credit card makes the purchase substantially less cumbersome. Debit/credit cards can be issued only with the approval of the village treasurer and the respective department head. The spending limits on these cards are:

Standard limit $ 3,000.00 Accounts Payable $200,000

Police captains $5,000.00

Department heads $5,000.00

Village Administrator $10,000.00

The village may have accounts open at several vendors' places of business. These accounts may have a charge account that either issued a charge card or allows individuals to sign on the account to make a purchase. The use of these types of charge accounts falls under the same terms of use as purchases of one thousand dollars ($1,000.00) or less as described in subsection 1-19-2(C) of this chapter. (Ord. 05-31, 3-28-2005)

1-19-16: INELIGIBLE CONTRACTORS OR VENDORS:

(A) Debarment Permitted: The village president may debar a vendor, subcontractor, or supplier for:

1. Conviction of, or civil judgment for:

(a) Commission or attempted commission of fraud or a criminal offense in connection with: 1) obtaining, 2) attempting to obtain, or 3) performing a private or public contract or subcontract;

(b) Violation or attempted violation of federal or state statutes, or any other legally applicable law, regulation, or rule relating to the submission of bids, proposals, or claims;

(c) Commission or attempted commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; or

(d) Commission or attempted commission of any other offense, or engaging in or attempting to engage in conduct indicating a lack of truthfulness, veracity, or honesty which affects the responsibility of the vendor.

2. Violation of the terms of a village ordinance or village contract or subcontract so serious as to justify debarment (Ord. 05-31, 3-28-2005), including, but not limited to:

(a) Wilful failure to perform in accordance with the terms of one or more contracts or subcontracts, including the hiring of subcontractors or suppliers debarred under this section;

(b) A history of failure to perform one or more contracts or subcontracts;

(c) A history of unsatisfactory performance of one or more contracts or subcontracts; or

(d) A history of failure to meet equal employment opportunity obligations, or prevailing wage obligations, or any other contracting or subcontracting obligation imposed by this code or any other law.

3. Making or attempting or causing to be made or attempting to cause to be made any false, deceptive, or fraudulent material statement in any bid, proposal, or application for village or any government work or in the performance of any such contract for the village or a government agency, or application for any permit or license.

4. Making or attempting, or causing to be made or attempting to cause to be made, any false, deceptive, or fraudulent material statement in any application to obtain, expand, or continue certification as a minority owned, woman owned, persons with disabilities, or disadvantaged business enterprise.

5. Refusal to cooperate with reasonable requests of village inspectors, representatives, or other appropriate village personnel with respect to work under contract provisions, plans, or specifications, or otherwise, pursuant to the duties of those village personnel.

6. Founding, establishing or operating an entity in a manner designed to evade the application or defeat the purpose of these rules or any provision of this code, rule or regulation, the statutes, rules or regulations of the state of Illinois, Kendall County, or any federal statute, rule or regulation, or any other legally applicable law, regulation, or rule.

7. Improper conduct, including, but not limited to, the commission or attempted commission of:

(a) Intentional or negligent billing irregularities;

(b) Submitting false or frivolous or exaggerated claims, documents, or records;

(c) Falsification of claims, documents, or records;

(d) Willful or grossly negligent destruction of documents or records the vendor had an obligation to maintain;

(e) Bribery or coercion of a government official, or other unlawful tampering with a government official;

(f) Use of false or deceptive statements to obtain some benefit, or causing competition to be restrained or limited;

(g) Misrepresentation to any governmental agency or government official;

(h) Violation of ethical standards established by the village, or other dishonesty incident to obtaining, prequalifying for, or performing any contract or modification thereof;

(i) Failing to pay, after a reasonable period of time, any judgment or other adjudicated debt owed to the village after a request for payment; or

(j) Failing to defend, indemnify, or hold harmless the village pursuant to a contractual obligation after having received a request to do so.

8. Any other cause of so serious or compelling a nature that it affects the responsibility of the vendor.

9. Debarment, disqualification, or suspension by any other government agency for any reason.

10. Disqualification or rejection of a bid from a vendor or contractor on three or more occasions within a three-year period.

(B) Factors To Be Considered In Debarment Procedure:

1. The village president may, in the public interest, debar a vendor for any of the causes in subsection (A) of this section, using the procedures in subsection (D) of this section. The existence of a cause for debarment, however, does not necessarily require that the vendor be debarred; the seriousness of the vendor's acts or omissions, and any remedial measures or mitigating factors, should be considered in making any debarment decision. Before arriving at any debarment decision, the village president should consider factors such as the following, if such documented and verifiable information is provided by the vendor:

(a) Whether the vendor had effective standards of conduct and internal control systems in place at the time of the activity which constitutes cause for debarment or had adopted such procedures prior to any village investigation of the activity cited as a cause for debarment;

(b) Whether the vendor brought the activity cited as a cause for debarment to the attention of the appropriate village agency in a timely manner;

(c) Whether the vendor has fully investigated the circumstances surrounding the cause for debarment and, if so, made the result of the investigation available to the village president;

(d) Whether the vendor cooperated fully with the village during any and all investigations and in any court or administrative action;

(e) Whether the vendor has paid or has agreed to pay all criminal, civil, and administrative liability for the improper activity;

(f) Whether the vendor has paid or has offered to pay any investigative or administrative costs incurred by the village, and/or has made or offered to make full restitution;

(g) Whether the vendor has taken appropriate disciplinary action against the individuals responsible for the activity which constitutes cause for debarment;

(h) Whether the vendor has implemented or agreed to implement remedial measures, including any identified by the village;

(i) Whether the vendor has instituted or agreed to institute new or revised review and control procedures;

(j) Whether the vendor has had adequate time to eliminate the circumstances within the vendor's organization that led to the cause for debarment; and

(k) Whether the vendor's management recognizes and understands the seriousness of the misconduct giving rise to the cause for debarment and has implemented programs to prevent recurrence.

2. The presence of any mitigating factors or remedial measures such as those set forth above does not necessarily mean that debarment is unwarranted. Accordingly, the vendor has the burden of demonstrating, to the satisfaction of the village president that debarment is not warranted under these potentially mitigating factors.

(C) Effect Of Debarment:

1. Debarment Decision: Debarment constitutes debarment of all units, divisions, or other organizational elements of the vendor, no matter how denominated, unless the debarment decision is limited by its terms to specific divisions or organizational elements. The village president may extend the debarment decision to include any affiliates of the vendor, as well as individuals associated with or employed by the vendor to whom improper conduct may be imputed. Debarred contractors are excluded from receiving village contracts, including subcontracts from other village contractors, whether written or oral, and no village employee or official shall solicit offers from, award contracts to, or consent to subcontracts with these contractors. Debarred contractors are also excluded from conducting business with the village of Oswego as agents or representatives of other contractors.

2. Bid, Quote And Contract Requirements: All bids, quotes and contracts for village work shall include a requirement that person or entity certify their review of the village debarment list and to further comply with all provisions of this section. Each proposal, bid or quotation must also include a listing of all intended subcontractors. After the opening of bids or receipt of proposals,

the village employee responsible shall review the debarment list. Bids received from any listed contractor in response to an invitation for bids shall be entered on the abstract of bids and rejected. Proposals, quotations, or offers received from any listed contractor shall not be evaluated for award or included in the competitive range, nor shall discussions be conducted with a listed offeror during a period of ineligibility. If the period of ineligibility expires or is terminated prior to award, the village may, but is not required to, consider such proposals, quotations, or offers. Immediately prior to award, the village employee responsible shall again review the debarment list to ensure that no award is made to a listed contractor.

3. Continuation Of Current Contracts: Notwithstanding the debarment of a contractor, the village may continue contracts or subcontracts in existence at the time the contractor was debarred unless the village president directs otherwise.

4. Restrictions On Subcontracting: Debarred contractors are further prohibited from performing work as a subcontractor or materialman on any tier on village contracts. The village shall not accept or enter into any contract where a debarred contractor is proposed or actually performs work.

5. Period Of Debarment: The period of debarment may be for a stated period of time or, if no duration is set at the time of the debarment, indefinitely. Periods of debarment may be imposed concurrently or consecutively. The debarment may be canceled prospectively or the duration and/or scope may be reduced or waived by the village president, upon the written application of the debarred individual or entity, supported by documentation, for any of the following reasons:

(a) Newly discovered material evidence or documentable error in the findings of the village president's decision.

(b) Reversal of the conviction or judgment on which the ineligibility is based, if the conviction or judgment was based on an admission of conduct that was a cause for debarment.

(c) Bona fide change in ownership and/or control of the entity, or other mitigating factors sufficient, in the judgment of the village president, to remove the conditions giving rise to the conduct that led to the ineligibility.

(D) Procedure For Debarment:

1. When the village president believes that debarment may be warranted, he shall conduct an investigation into the matter. Such investigation may include, among other investigatory methods determined to be most appropriate by the village president, interviews with the suspected violator and its employees. When the village president determines that debarment is warranted, he shall cause notice of this decision to be issued and the vendor shall be given prompt notice of the decision by certified mail, return receipt requested or by comparable means or by personal service with attestation in the record. Such notification shall inform the vendor of its right to seek review of the decision pursuant to subsection (D)2 of this section. The notification must include the following:

(a) The reasons for debarment with reference to specific facts;

(b) The total period and type of debarment, including effective dates;

(c) The effect of the debarment on the vendor's existing contracts with the village.

2. Within thirty (30) days of receipt of the debarment decision, the vendor may submit any evidence to the village president as and for appeal of the decision. Upon receipt of this information, the village president shall review the materials submitted, and within fourteen (14) days, determine whether the decision to debar the vendor should be upheld and whether the penalty imposed is appropriate. After receiving a response under this section, the vendor may receive a hearing before the village board of trustees, provided such request is made within ten (10) days of receiving the notice under this section.

3. A list of debarred vendors will be maintained by the village clerk and published on the village's website or any media the village in its discretion may choose.

(E) Penalties:

1. Any vendor obtaining services or hiring a subcontractor on any tier or supplier that has been debarred under this section may be subject to one or more of the following:

(a) Immediate termination of all village contracts without recourse; and

(b) Placement on the list of debarred vendors for a period of at least five (5) years; and

(c) Is guilty of a class IV violation for each day, or part thereof, that the debarred vendor performed work; and

(d) Reduction of their contract price by an amount equal to the value of the work performed by a debarred vendor.

2. Any village employee wilfully violating this section or hiring a debarred vendor shall be subject to disciplinary action, up to and including termination. (Ord. 09-92, 12-15-2009)

1-19-17: HOME RULE PREEMPTION:

This article represents an exercise of the home rule powers conferred upon the village by the Constitution of the State of Illinois. This article is specifically intended to preempt state law pertaining to the procurement of goods and services, including, but not limited to, competitive bidding, bidder eligibility, the requirements and restrictions regarding the substantive content of public contracts and the provision and enforcement of performance and payment bonds, to the extent permitted under the Constitution of the State of Illinois.

MEMORANDUM



From: Chief Jeff Burgner

Date: April 7, 2015

Agenda: April 14, 2015 Regular Board Meeting Subject: Amendment to 9-4-10 Parking Restrictions Purpose To ensure public safety for vehicular traffic throughout the Village. Background Board Action Previously Taken: Date Action

March 17, 2015 Village Board passed Ordinance 15-09 granting a Final Plat of Dedication for Ogden Falls Unit 1, Phases 1,2,3,4 and 5; Private Streets.

Discussion Due to the dedication of the private streets in the Ogden Falls subdivision, parking restrictions need to be addressed to conform to Village ordinances. Upon review of the current parking restrictions set up in the subdivision, it appears they mainly adhere to the format in which the Village would desire. The restrictions simply need to be approved by ordinance as well as signage needs to be installed to allow for proper notice of restrictions as well as give the ability to enforce the restrictions. Due to the roadway widths, restricting parking to one side of the roadway is recommended. This will allow for safe movement of vehicles, including emergency vehicles throughout the subdivision. To allow parking on both sides of the street, the street width should be no less than 39 feet according to the Subdivision and Development Control Regulations. The widths of the roadways in the subdivision are

100 Parkers Mill, Oswego, IL 60543 (630) 554-3618 Fax (630) 554-3306 Website: http://www.oswegoil.org

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approximately 25 feet. Per village ordinance 9-4-1 No Parking Rules, limits parking where the standing of a vehicle reduces the usable width of the roadway for moving traffic to less than 18 feet. Funding This project would be funded through the general operating budget and the cost would be approximately $2,000. Recommendation Staff would request an addition to Ordinance 9-4-10 (Parking Restricted) which would include the placement of signage, “No Parking Anytime”. The signage would be place to restrict parking as follows:

On the north/west side of Waterbury Circle between Ogden Falls Blvd. and Dylan Drive.

On the south side of Waterbury Circle between Dylan Drive and Ogden Falls Blvd.

On the inner side of Bridgeview Drive along its entire length.

On the north side of Christian Court its entire length.

On the west side of Primrose Lane along its entire length.

On the north side of Waterbury Circle from Ogden Falls Blvd. to Wingate Court.

On the west side of Waterbury Circle from Wingate Court south to Ogden Falls Blvd.

On the east side of Wingate Court and around the center circle.

On the east side of Wingate Drive along its entire length.

On the south side of Mandy Lane along its entire length.

On the north side of Alex Court its entire length.

On the north side of Dylan Drive its entire length. The placement and size of the new signage will conform to the Manual on Uniform Traffic Control Devices Standards (MUTCD). Signs would be placed approximately every 300 feet on the appropriate side of the roadway. Approximately 25 signs would be needed to cover the roadway.

It is also recommended to remove the “4 hour” parking limit on the parking areas located along the outside of the travel lanes on Ogden Falls Boulevard between its north and south intersections with Waterbury Circle. Staff also recommends making this section of roadway exempt from the overnight parking ordinance as these parking areas are not on the roadway.

Strategic Planning Objective Goal 6.1 – Create a safe and free-flowing transportation system.

VILLAGE OF OSWEGO



AN ORDINANCE AMENDING TITLE 9 CHAPTER 4 SECTION 10 (A) AND 16 (B) OF THE VILLAGE CODE OF ORDINANCES FOR THE VILLAGE OF

OSWEGO, KENDALL COUNTY AND WILL COUNTY, ILLINOIS

PARKING RESTRICTED AND OVERNIGHT PARKING

(PARKING RESTRICTIONS – OGDEN FALLS SUBDIVISION)

ADOPTED BY

THE PRESIDENT AND BOARD OF TRUSTEES

OF THE VILLAGE OF OSWEGO

This 14th day of April, 2015

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Oswego on April 14, 2015.

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______________________________________________________________________

WHEREAS, the Village of Oswego (“Village”) has a population of more than 25,000

and is therefore a “Home Rule Unit” under the 1970 Illinois Constitution; and

WHEREAS, the Illinois Constitution of 1970 provides that a Home Rule Unit may

exercise any power and perform any function pertaining to its government and affairs, including

but not limited to the power to regulate for the protection of the public health, safety, morals and

welfare; to license, to tax; and to incur debt; and

WHEREAS, the Village has in full force and effect a codified set of those ordinances of

the Village which are of a general and permanent nature, which said codified set is known and

designated as the Village Code of the Village of Oswego, as amended; and

WHEREAS, on March 17, 2015 the Village Board passed Ordinance 15-09 granting a

Final Plat of Dedication for Ogden Falls Unit 1, Phases 1, 2, 3,4 and 5; Private Streets.

WHEREAS, Chapter 4 Section 10 of Title 9 provides for the prohibition of parking and limited parking within the Village of Oswego; and

WHEREAS, Chapter 4 Section 16 of Title 9 provides for the prohibition of overnight parking; however does allow for exemptions; and

WHEREAS, by limiting the parking in the Ogden Falls Subdivision will allow all vehicles including emergency vehicles to travel the subdivision roadways safely and without obstruction; and

WHEREAS, the Village Board finds it necessary and proper to amend said Code as

follows, which this Board finds in the best interests of the Village of Oswego.

NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND


COUNTY, ILLINOIS, as follows:

3

SECTION 1: The removal of subparagraph (9) and addition of new subparagraphs (37,

38, 39, 40, 41, 42, 43, 44, 45, 46, 47 and 48) to Section 9-4-10 (A) is adopted and

incorporated into Chapter 4, as follows.

9-4-10: PARKING RESTRICTED:

(A) Prohibited And Limited Parking: Parking will be prohibited on the pavement of traffic lanes, turn lanes, shoulders and parking spaces at the following locations:

9. Parking restricted to a maximum of four (4) hours in the parking areas located along the outside of the travel lanes on Ogden Falls Boulevard between its north and south intersections with Waterbury Circle. (Ord. 99-04, 2-16-1999)

10. 9. On both sides of U.S. Route 34 from Illinois Route 71 intersection northeasterly 3.3 miles to U.S. Route 30. (Ord. 00-07, 2-28-2000)

11. 10. On both sides of Illinois Route 71 beginning at Washington Street and extending westerly 1.26 miles to Orchard Road. Any person, firm, or corporation violating the provisions of this subsection (A)11 shall be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense. (Ord. 03-32, 3-10-2003)

12. 11. On Van Buren Street between Madison Street and Main Street, on the southwest side of the roadway. (Ord. 04-41, 5-24-2004)

13. 12. On the east and west sides of Washington Street at the island located at Washington Street and Mill Road.

14. 13. On the east and west sides of Washington Street, adjacent to the island located north of the intersection of Presidential Boulevard and Washington Street and south of the intersection of River Run Boulevard and Washington Street.

15. 14. On the northerly and southerly sides of Millstream Lane, adjacent to the island, at its intersection with Washington Street.

16. 15. On the northerly and southerly sides of Stonewater Lane, adjacent to the island, at its intersection with Washington Street.

17. 16. On the northerly and southerly sides of Clearwater Lane, adjacent to the island, at its intersection with Washington Street.

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18. 17. On the northerly and southerly sides of Greenview Lane, adjacent to the island, at its intersection with Washington Street. (Ord. 04-50, 6-14-2004)

19. 18. On the island side of Hoover Drive.

20. 19. On the island side of Roosevelt Drive between its intersections with Hoover Drive.

21. 20. On the island side of Truman Drive. (Ord. 04-51, 6-14-2004)

22. 21. On the west side of Boulder Hill Pass across from Thompson Jr. High between the addresses of 431 and 449 Boulder Hill Pass on those days when school is in session from two fifteen o'clock (2:15) P.M. to three fifteen o'clock (3:15) P.M.

23. 22. On the south side of Fox Chase Drive North between the addresses of 251 and 271 Fox Chase Drive North on those days when school is in session from three o'clock (3:00) P.M. to four o'clock (4:00) P.M. (Ord. 06-109, 8-28-2006)

24. 23. On the south side of Jackson Street between the alley and Monroe Street. (Ord. 06-133, 10-23-2006)

25. 24. On the north and west sides of Century Drive west of Route 31 from the southerly lot line of 352 Century Drive to the easterly line of 334 Century Drive.

26. 25. On Manhattan Circle from the westerly property line of 603 Manhattan Circle to the intersection of Manhattan Circle and Century Drive; and from the westerly lot line of 604 Manhattan Circle to the intersection of Manhattan Circle and Century Drive. (Ord. 10-37, 5-4-2010)

27. 26. On the north and south sides of Old Reserve Road from the westerly right of way of Grove Road west one hundred seventy five feet (175'). (Ord. 11-20, 3-1-2011)

28. 27. On the westerly side of Preston Lane from Bower Lane to Durham Lane.

29. 28. On the north side of Durham Lane from Preston Lane to Colchester Drive.

30. 29. On the north side of Fairfield Drive from Preston Lane to its termination. (Ord. 11-32, 4-19-2011)

31. 30. On the east side of Washington Street from its intersection with Franklin Street to a point fifty feet (50') south of said intersection. (Ord. 12-22, 4-3-2012)

32. 31. On Lincoln Station Drive cul-de-sac.

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33. 32. On the south side of Circle Drive West beginning from the apex of Ashlawn Avenue/Circle Drive West and continuing two hundred fifty five feet (255') west of Ashlawn Avenue.

34. 33. On the west side of Ashlawn Avenue beginning from the apex of Circle Drive West/Ashlawn Avenue and continuing three hundred twenty feet (320') south of Circle Drive West. (Ord. 13-17, 4-16-2013)

35. 34. On the south side of Faro Court two hundred thirty feet (230') from the apex of Washington Street/Faro Court - no parking between signs.

36. 35. On both sides of Wiesbrook Drive east of Fifth Street.

37. 36. On both sides of U.S. 34 from Orchard Road westerly 0.55 mile to the west corporate limits of the village. (Ord. 14-110, 12-16-2014, eff. 12-16-2014)

37. On the north/west side of Waterbury Circle between Ogden Falls Blvd. and Dylan Drive. 38. On the south side of Waterbury Circle between Dylan Drive and Ogden Falls Blvd. 39. On the inner side of Bridgeview Drive along its entire length. 40. On the north side of Christian Court its entire length. 41. On the west side of Primrose Lane along its entire length. 42. On the north side of Waturbury Circle from Ogden Falls Blvd. to Wingate Court. 43. On the west side of Waterbury Circle from Wingate Court south to Ogden Falls Blvd. 44. On the east side of Wingate Court and around the center circle. 45. On the east side of Wingate Drive along its entire length. 46. On the south side of Mandy Lane along its entire length. 47. On the north side of Alex Court its entire length. 48. On the north side of Dylan Drive its entire length.

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SECTION 2. : Addition to subparagraph (2) to Section 9-4-16 (B) is adopted and

incorporated into Chapter 4, as follows.

9-4-16: OVERNIGHT PARKING:

(B) Exceptions: Due to the prevailing design of streets and/or driveways within the following areas, overnight parking shall be permitted therein:

2. Designated area: Presidential Street - hometown signed area Washington Street - hometown signed area The parking areas located along the outside of the travel lanes on Ogden Falls Boulevard between its north and south intersections with Waterbury Circle.


If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance

shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment

shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall

remain and continue in full force and effect.

SECTION 4. REPEALER

All ordinances, resolutions, orders or parts thereof, which conflict with the provisions of

this ordinance, is to the extent of such conflict, hereby repealed.


This Ordinance shall be in full force and effective May 1, 2015 with Village Board

approval. Publication in pamphlet form is hereby authorized, as provided by law.

PASSED by the Board of Trustees of the Village of Oswego, Kendall County and Will

County, Illinois this 14th day of April, 2015.

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APPROVED by me, Brian LeClercq, as Village President of the Village of Oswego,

Kendall County and Will County, Illinois this 14th day of April, 2015.

_____________________________________

BRIAN LeCLERCQ, VILLAGE PRESIDENT

_____________________________________ TINA TOUCHETTE, VILLAGE CLERK

8

STATE OF ILLINOIS )

) SS

COUNTY OF KENDALL )

AND WILL

CLERK'S CERTIFICATE

I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego,

Kendall County and Will County, Illinois, do hereby certify that I am the keeper of its books and

records and that the attached hereto is a true and correct copy of an Ordinance entitled:






14th day of April, 2015.

I do further certify that a quorum of said Board of Trustees was present at said meeting and

that the Board complied with all requirements of the Illinois Open Meetings Act.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of April, 2015.


Village of Oswego

(Seal)

MEMORANDUM



From: Village Clerk, Tina Touchette

Date: April 9, 2015

Agenda: April 14, 2015 Regular Village Board Meeting Subject: Amend Title 3, Chapter 7 Village Code of Ordinances – Class “A” Liquor License for

Pd’s Wines & Spirits located at 1236 Douglas Road, Oswego, Illinois. Purpose To increase Class “A” Liquor License by one (1). Background Pd’s Wines & Spirits submitted an application for a Class “A” Liquor License. A satisfactory background check has been received. A Class “A” license allows licensee to sell to the general public, alcoholic liquor in package or by the drink, for consumption on or off the specified premises where sold at its location at 1236 Douglas Road, Oswego, Illinois. Discussion N/A Funding N/A Recommendation If the Board is satisfied with the terms of this ordinance, consideration to waive second read and approve same is sought. Strategic Planning Objective N/A

100 Parkers Mill, Oswego, IL 60543 (630) 554-3259 Fax (630) 554-3306 Website: http://www.oswegoil.org

1

VILLAGE OF OSWEGO

KENDALL AND WILL COUNTIES, ILLINOIS

________________________________________________________________

ORDINANCE NO. 15- __

AN ORDINANCE AMENDING TITLE 3 CHAPTER 7 OF THE CODE OF

ORDINANCES FOR THE VILLAGE OF OSWEGO, KENDALL AND WILL

COUNTIES, ILLINOIS

Alcoholic Beverages

(Pd’s Wines & Spirits, 1236 Douglas Road, Oswego, IL; Increase Class “A” Liquor License)

________________________________________________________________

PASSED BY THE VILLAGE BOARD OF THE VILLAGE OF OSWEGO

This 14th day of April 2015

________________________________________________________________

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Oswego on April __, 2015.

ORDINANCE NO. 15-__

AN ORDINANCE AMENDING TITLE 3 CHAPTER 7 OF THE CODE OF ORDINANCES FOR

THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTIES, ILLINOIS

Alcoholic Beverages

(Pd’s Wines & Spirits 1236 Douglas Road, Oswego, IL; Increase Class “A” Liquor License)

WHEREAS, the Village of Oswego (“Village”) has a population of more than 25,000 and is

therefore a “Home Rule Unit” under the 1970 Illinois Constitution; and

WHEREAS, the Illinois Constitution of 1970 provides that a Home Rule Unit may exercise any

power and perform any function pertaining to its government and affairs, including but not limited to the

power to regulate for the protection of the public health, safety, morals and welfare; to license, to tax; and

to incur debt; and

WHEREAS, the Village has in full force and effect a codified set of those ordinances of the

Village which are of a general and permanent nature, which said codified set is known and designated as

the Village Code of the Village of Oswego, as amended; and

WHEREAS, Pd’s Wines & Spirits at 1236 Douglas Road has submitted an application for a Class

“A” Liquor License for the business and

WHEREAS, a Class “A” license authorizes the licensee to sell to the general public, alcoholic

liquor in package or by the drink, for consumption on or off the specified premises where sold at its location at 1236 Douglas Road., Oswego, IL.; and

NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL AND WILL COUNTIES, ILLINOIS,

AS FOLLOWS:

Section 1: To increase the number of Class “A” Liquor Licenses from three (3) to four (4)

licenses.

Section 2: That Section 3-7-11 of the Village Code of the Village of Oswego is hereby amended as

follows:

3-7-11: NUMBER OF LIQUOR LICENSES:

There shall be no more than four (4) Class A licenses in effect at any one time. There shall be no more than eighteen (18) Class B licenses in effect at any one time. There shall be no more than eighteen (18) Class C licenses in effect at any one time. There shall be no more than three (3) Class D licenses in effect at any one time. There shall be no more than three (3) Class E licenses in effect at any one time. There shall be no more than three (3) Class F licenses in effect at any one time. There shall be no more than two (2) Class G license in effect at any one time. There shall be no more than zero (0) Class H license in effect at any one time. There shall be no more than zero (0) Class I license in effect at any one time. There shall be no more than one (1) Class J license in effect at any one time.

There shall be no more than one (1) Class K license in effect at any one time. There shall be no more than one (1) Class L license in effect at any one time. There shall be no more than one (1) Class M license in effect at any one time. There shall be no more than one (1) Class N license in effect at any one time.

Section 3: All Ordinances or parts of Ordinances in conflict with the provisions of

this Ordinance are to the extent that such conflicts exist, are hereby repealed.

Section 4: Should any sentence, exception, clause, part or provision of this

Ordinance be declared, by a court of competent jurisdiction, to be invalid; the same shall not

affect the validity of the Ordinance as a whole or any part thereof other than the part declared to

be invalid.

Section 5: This Ordinance shall be in full force and effect from and after its passage

approval and publication is required by law.

Section 6: This Ordinance shall be published in book or pamphlet form as provided

by the Illinois Municipal Code.

PASSED by the Board of Trustees of the Village of Oswego, Kendall and Will Counties,

Illinois this 14th day of April 2015.




APPROVED by me, Brian LeClercq, as Village President of Board of Trustees of the

Village of Oswego, Kendall and Will Counties, Illinois this 14th day of April 2015.

Brian LeClercq, Village President


STATE OF ILLINOIS )

) SS COUNTY OF KENDALL

AND WILL ) CLERK'S CERTIFICATE I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego,

Kendall and Will Counties, Illinois, do hereby certify that I am the keeper of its books and records

and that the attached hereto is a true and correct copy of an Ordinance entitled:

AN ORDINANCE AMENDING TITLE 3 CHAPTER 7 OF THE CODE OF

ORDINANCES FOR THE VILLAGE OF OSWEGO, KENDALL AND WILL

COUNTIES, ILLINOIS

Alcoholic Beverages (Pd’s Wines & Spirits, 1236 Douglas Road, Oswego, IL; Increase Class “A” Liquor License)


14th day of April 2015. I do further certify that a quorum of said Board of Trustees was present at

said meeting and that the Board complied with all requirements of the Illinois Open Meetings Act.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of April 2015.



v:\agendas\2015 meetings\2015.04.14 regvb\memo-kc-tap agreement for sidewalk funding.docx

AGENDA MEMORANDUM DATE: April 9, 2015 TO: Village President Brian LeClercq and Board of Trustees FROM: Public Works Director Jennifer Hughes, P.E., CFM AGENDA: April 14, 2015 Village Board Meeting SUBJECT: Consideration, Discussion, and Approval of a Resolution Authorizing

Execution of an Intergovernmental Agreement for Kendall County for Transportation Alternatives Program (“KC-TAP”) Funding to Construct Sidewalks and Multi-use Trails in Oswego, IL

Purpose: Staff requests approval of a Resolution Authorizing an Intergovernmental Agreement for Kendall County Transportation Alternatives Program Funding to the Village of Oswego to Construct Sidewalks and Multi-Use Trails. Background: The Village proposes to enter into an Intergovernmental Agreement with the Illinois Department of Transportation. IDOT will construct a ten-foot wide multi-use trail on the north side and a ten-foot wide multi-use trail on the south side of US 34 from Orchard Road to IL 47 as part of the U.S. 34 reconstruction project. The Village will pay 20% (~$6,000) of the costs to IDOT for these improvements from the west corporate limits easterly approximately 0.50 mile (2,640 feet) to Station Drive, located 300 feet west of Orchard Road. Discussion: The Village sought a grant through Kendall County’s Transportation Alternatives Program. Kendall County approved a grant on March 17, 2015. The amount of the grant is $3,500 or 50% of the Village’s share, whichever is less. Funding: The Village has included funds in the FY 15/16 and FY 16/17 budgets for this project. Recommendation: Staff recommends approval of the Resolution Authorizing an Intergovernmental Agreement for Kendall County Transportation Alternatives Program Funding to Construct Sidewalks and Multi-Use Trails in the Village of Oswego in conjunction with the Route 34 widening program. Strategic Planning Objective: SPO 6.3.4 Finalize plans for unfinished sidewalks, paths and trails


1


_______________________________________________________________________

RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR TRANSPORTATION ALTERNATIVES PROGRAM (“KC-TAP”)

FUNDING TO THE VILLAGE OF OSWEGO TO CONSTRUCT SIDEWALKS AND MULTI-USE TRAILS ALONG US 34 IN OSWEGO, IL (2015)

________________________________________________________________________ WHEREAS, the Village of Oswego , Illinois (the “Village”) is an Illinois home-rule



affairs; and



WHEREAS, it is in the best interest of the Village of Oswego to approve the agreement

substantially in the form attached hereto marked as Exhibit “A”.


BOARD OF TRUSTEES OF THE VILLAGE OF OSWEGO, KENDALL AN D WILL COUNTY,

ILLINOIS, AS FOLLOWS:

SECTION 1. The Village President and Village Clerk are hereby authorized and directed to execute on behalf

of the Board of Trustees of the Village of Oswego substantially in the form attached as Exhibit “A.”

SECTION 2. REPEALER All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution


SECTION 3. SEVERABILITY This Resolution and every provision thereof shall be considered severable. In the event that any


2




SECTION 4. EFFECTIVE DATE This Resolution shall be in full force and effect from and after its passage. PASSED by the Board of Trustees of the Village of Oswego, Kendall and Will County, Illinois this __ day of ____ 2015. TONY GILES TERRY MICHELS GAIL JOHNSON JUDY SOLLINGER PAM PARR SCOTT VOLPE APPROVED by me, Brian LeClercq, as President of the Village of Oswego, Kendall and Will County, Illinois, this ___ day of _____ 2015. ___________________________________ BRIAN LECLERCQ, VILLAGE PRESIDENT __________________________ Tina Touchette, Village Clerk

3

STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) AND WILL

CLERK'S CERTIFICATE I, Tina Touchette, the duly qualified and acting Village Clerk of the Village of Oswego, Kendall and Will County, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR TRANSPORTATION ALTERNATIVES PROGRAM (“KC-TAP”)

FUNDING TO THE VILLAGE OF OSWEGO TO CONSTRUCT SIDEWALKS AND MULTI-USE TRAILS ALONG US 34 IN OSWEGO, IL (2015)

which Resolution was duly adopted by said Board of Trustees at a regular meeting held on the __ day of ____ 2015. I do further certify that a quorum of said Board of Trustees was present at said meeting and that the Board complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of _____ 2015. Tina Touchette, Village Clerk


KENDALL COUNTY HIGHWAY DEPARTMENT

FRAN CI S C . K L AAS COU N TY EN G INE E R

April2, 2015

Brian LeClercq Village President

1 00 Parkers Mill Oswego, IL 60543

6780 ROUTE 47 YORKVILLE, IL 60560 TEL 630/553-7616

RE: Kendall County Transportation Alternatives Program (KC-TAP) U.S. Route 34 Multi-Use Trail Intergovernmental Agreement

Dear President LeClercq:

FAX 630/553-9583

Enclosed please find three (3) copies of an Intergovernmental Agreement between Kendall County and Village of Oswego pertaining to the award of $3,500 of 2015 KC-TAP funds for the referenced project. The IGA is essentially the same as last year's agreement for the Route 71

project, with the appropriate modifications for this Route 34 Multi-Use Trail project. Upon approval by the City, please affix signatures where appropriate, and return all three copies to Kendall County. Upon approval by the Kendall County Board, we will return an original executed document to you. Thank you in advance for your cooperation.

Sincerely,

·'~ . C_ KJL-a. Klaas, P.E. Kendall County Engineer

En c.

ttouchette

Typewritten Text

EXHIBIT A

ffiTERGOVERNMENTALAGREEMENTFORKENDALLCOUNTY TRANSPORTATION ALTERNATIVES PROGRAM ("KC-TAP") FUNDING TO THE VILLAGE OF OSWEGO TO CONSTRUCT SIDEWALKS AND MULTI-USE TRAILS

ALONG US 34 ffi OSWEGO, ILLINOIS (2015)

THIS INTERGOVERNMENTAL AGREEMENT ("the Agreement") by and between

the County of Kendall, a unit of local government of the State of lllinois ("Kendall County") and

the Village of Oswego (the "Grantee"), a municipal corporation of the State of Illinois.

WITNESSETH:

WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10,

provides that units of local government may 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 by ordinance and may use their credit, revenues, and other

resources to pay costs related to intergovernmental activities; and

WHEREAS, the Grantee and Kendall County (the ''parties") are units of local

government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who

are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental

Cooperation Act, 5 ILCS 220/1 et seq.; and

WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that

any county may participate in an intergovernmental agreement under this Act notwithstanding

the absence of specific authority under the State law to perform the service involved, provided

that the unit of local government contracting with Kendall County has authority to perform the

service; and

WHE-RE-AS-; pttrstlant-to-th e-lHinois Hi-ghway -eo-d-e- under -{)65 fL-€8--5/9--HH- ami -665-

ILCS 5/4-409, the State, its municipalities and the counties may form cooperative agreements

Page 1 of 13

with each other for the construction, maintenance and improvement of streets, highways and any

portions thereof; and

WHEREAS, the Illinois Highway Code (605 ILCS 5/1 et seq.) and the Illinois Bikeway

Act (605 ILCS 30/1 et seq.) each encourage the funding and the creation of bicycle paths, multi

use trails and sidewalks along roadways within the State of Illinois; and

WHEREAS, on July 17, 2012, the Kendall County Board passed Resolution Number 12-

33 entitled "Resolution for the Creation of the Kendall County Transportation Alternatives

Program ("KC-TAP")", which authorizes Kendall County to provide financial assistance to

qualified applicants for the grantee' s construction of multi-use trails and sidewalks in Kendall

County, Illinois; and

WHEREAS, Grantee submitted an application on December 19, 2014 pursuant to the

KC-TAP. Grantee's application sought financial assistance to construct a multi-use trail in

coordination with IDOT along the north side of US 34 beginning at the west corporate limits of

Oswego and extending east approximately .50 miles to Station Drive. Grantee' s construction

project is identified in the attached Exhibit A and shall be referred to herein as "the Project"; and

WHEREAS, the Kendall County Board approved Grantee's KC-TAP application for

financial assistance on March 17, 2015; and

WHEREAS, the parties wish to enter into this agreement for the benefit of local

pedestrians and bicyclists and to provide a safe and efficient pathway for the residents of

Oswego and Kendall County; and

WHEREAS, Kendall County and Grantee wish to enter into this agreement wherein

Kendall County will grant moneys to Grantee to partially fund the building of multi -use trails

and/or sidewalks as described in the Grantee's application for funds, and the Intergovernmental

Page 2 of13

Agreement between Grantee and the Illinois Department of Transportation, which is attached to

this agreement as Exhibit A and incorporated by reference; and

WHEREAS, it is understood that in no case shall Kendall County provide more than

50% of the funding for any approved project and a local government agency cannot obtain more

than $50,000 in KC-TAP Funds per fiscal year; and

WHEREAS, it is the understanding of the parties that at all times, including after

completion of the project, Grantee alone will own, construct, maintain, repair and/or replace the

subject improvements, and that Kendall County will have no duties to construct, maintain, repair

and/or replace the subject improvements at any time in the future.

NOW, THEREFORE, in consideration of the premises and the mutual covenants

hereafter set forth, the parties agree as follows:

1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated

in this paragraph 1;

2. Kendall County's Obligations:

a. Kendall County agrees to grant an amount not to exceed $3,500.00 in Fiscal Year

2015 (December 1, 2014 to November 30, 2015) to Grantee for the purpose of

partially funding construction of the Project;

b. The final amount of the Grant, which shall not exceed $3,500.00, will be

determined at the time the Grantee submits its fmal request for reimbursement for

the Project;

c. The final Grant amount shall not exceed 50% of the funding for said Project.

Should the submitted reimbursement request constitute an amount above 50% of

the Project's costs, then the County shall reimburse an amount equal to 50% of

the Project costs but no greater than $3,500.00;

Page 3 of13

d. Kendall County shall disburse the Grant funds under this agreement within sixty

(60) days of the submission of Grantee's final request for reimbursement and the

necessary supporting documentation supporting the request;

e. Kendall County shall have no ownership interest in the Project and/or the subject

improvements under this agreement, nor shall it have any obligations beyond the

granting and disbursement of KC-TAP grant funds as described herein.

3. Grantee's Obligations:

a. Grantee understands and agrees that only qualified units of local government

within Kendall County who have statutory authority to provide lands or facilities

for multi-use trails or sidewalk purposes are eligible for assistance under the KC-

TAP program and eligible projects must be located within the geographical

boundaries of Kendall County, as well as located along a State or County

Highway and Grantee herein assures Kendall County that it and its Project

qualifies for funding pursuant to this understanding and pursuant to all other terms

of the KC-TAP as set forth in Kendall County Resolution Number 12-33 and

Grantee's application;

b. Grantee shall use the funds set forth in this Agreement to construct the Project at

the locations and pursuant to the specifications as set forth in the attached Exhibit

A and in conformance with all plans and designs previously supplied by Grantee

as part of the KC-TAP application process. Grantee understands and agrees that

the funds provided by Kendall County pursuant to this Agreement shall not be

used for any other purpose including, but not limited to; future maintenance of the

multi-use trails or sidewalks (e.g., sealing, patching or crack filling). In the event

that Grantee uses the funds for an improper purpose, Grantee shall immediately Page 4 of13

reimburse Kendall County the full amount of funds provided to Grantee under this

Agreement;

c. At all times, the Project, and all of its resulting improvements, shall be the

exclusive property of Grantee, who shall exercise complete control, responsibility

and ownership of said property. At no time shall Kendall County be deemed to

have adopted said Project or its resulting improvements or the responsibility for

the ownership, construction, maintenance, care, and demolition of the

improvements that are subject to the Project and this Agreement;

d. Grantee and its consultants, employees, contractors, subcontractors and agents

agree to comply with the following state and federal laws and Grantee shall

ensure that all of their contracts include provisions incorporating the following:

i. The Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq. Grantee agrees

to (a) fully comply with all applicable requirements of the Prevailing

Wage Act applicable to it, but shall not guarantee or ensure compliance by

contractors and Grantee shall (b) notify all contractors and subcontractors

that the work performed pursuant to this Agreement shall be subject to the

Illinois Prevailing Wage Act. In the event that Grantee fails to comply

with the notice requirements set forth in the Illinois Prevailing Wage Act,

Grantee shall be solely responsible for any and all penalties, fines and

liabilities incurred for Grantee's, contractors' and/or subcontractors '

violations ofthe Prevailing Wage Act.

ii. The Employment of Illinois Workers on Public Works Act, 30 ILCS

570/0.01 et seq. ("Employment Act").

PageS of13

111. The Substance Abuse Prevention on Public Works Act, 820 ILCS 26511 et

seq. and the Illinois Drug Free Workplace Act, 30 ILCS 580/1 et seq.

iv. The Illinois Public Construction Bond Act, 30 ILCS 550/1 et seq.

v. The Illinois Human Rights Act, Title VI of the Civil Rights Act of 1964,

as amended, the Americans with Disabilities Act, the Age Discrimination

in Employment Act, Section 504 ofthe Federal Rehabilitation Act, and all

applicable rules and regulations.

e. Grantee shall ensure that Grantee and each contractor and/or subcontractor

performing work on the Project shall obtain and continue in force during the term

of the Project, all insurance necessary and appropriate and that each contractor

and/or subcontractor contracted with to perform work on the Project shall name

Kendall County as an Additional Insured on a Primary and Non-Contributory

basis with respect to the general liability, business auto liability and excess

liability insurance, as well as a waiver of subrogation with respect to the general

liability and workers' compensation in favor of Kendall County. Further, Grantee

shall require each contractor and/or subcontractor to provide indemnification and

hold harmless guarantees to Kendall County during the construction of this

Project;

f. Grantee shall comply with all competitive bidding and selection requirements

necessary for construction and completion of the Project pursuant to applicable

state and federal laws. Grantee shall obtain certifications from all contractors and

subcontractors who perform work on the Project, which certify the contractors

and subcontractors are not barred from performing the work as a result of a

violation of either 720 ILCS 5/33E-3 or 5/33E-4 (bid rigging or bid rotating) or as Page 6 of13

a result of a violation of 820 ILCS 13011 et seq. (the Illinois Prevailing Wage

Act);

g. It is agreed by the Grantee that the maintenance, both physical and financial of the

Project and its resulting improvements will be the responsibility of Grantee, and

Grantee alone. Further, Grantee shall be responsible for any future repair or

replacement deemed necessary for the Project and its resulting improvements

(notwithstanding any agreements with third-parties in this regard). Nothing in this

Agreement shall be construed as to create a duty or responsibility on behalf of

Kendall County to finance, maintain, repair, replace, or otherwise control the

subject improvements;

h. During, and following completion of the Project, Grantee shall defend, with

counsel of Kendall County's own choosing, indemnify and hold harmless Kendall

County, including Kendall County' s past, present and future board members,

elected officials, insurers, employees, and agents from and against any and all

claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and

costs relating thereto, including but not limited to attorneys' fees and other legal

expenses, which Kendall County, its past, present and future board members,

elected officials, insurers, employees, and/or agents may hereafter sustain, incur

or be required to pay relating to, or arising in any manner out of the use,

ownership, construction, maintenance, repair, replacement and/or condition of the

subject facilities built during this Project, or claims, liabilities, obligations, losses,

penalties, fines, damages, and expenses and costs relating to and arising in any

manner out of Grantee and Grantee's Contractors and Subcontractors

construction of this Project or Grantee' s alleged failure to perform its obligations Page 7 of13

pursuant to this Agreement. Any attorney representing Kendall County shall be

approved by the Kendall County State's Attorney and shall be appointed a Special

Assistant State's Attorney, as provided in 55 ILCS 5/3-9005. Kendall County's

participation in its defense shall not remove Grantee's duty to indemnify, defend

and hold Kendall County harmless, as set forth above;

i. Grantee understands and agrees that construction of the Project must begin within

24 months of signature of this Agreement by the Kendall County Board. If the

subject project does not begin construction within 24 months, Grantee will be in

default of this Agreement and at that time the Agreement, as well as any

obligations by Kendall County, shall immediately cease and be considered null

and void with no further obligation upon Kendall County to provide the Grant

funding as described above;

J. Grantee understands that Construction of the Project must be completed and a

request for reimbursement must be submitted to the County within 60 months

after the signature of this Agreement. If Grantee is unable to complete the Project

and seek reimbursement within that time, Grantee will be in default of this

Agreement and at that time the Agreement, as well as any obligations by Kendall

County, shall immediately cease and be considered null and void with no further

obligation upon Kendall County to provide the Grant funding as described above;

k. If Grantee is unable to begin construction of the Project within 24 months after

the parties' execution of this Agreement, or is unable to complete the Project and

request reimbursement within 60 months after the parties' execution of this

agreement, Grantee may submit a request in writing to Kendall County requesting

an extension of time to commence or complete the construction, as the case may Page 8 of13

be. Grantee must file its request for an extension of time with Kendall County on

or prior to expiration of the 24 month period in the case of it beginning

construction or on or prior to expiration of the 60 month period in the case of

completing construction and seeking reimbursement. Requests for extensions

shall not be valid if made after the expiration of the above deadlines. Kendall

County retains sole discretion whether to approve Grantee's request for an

extension oftime;

1. Grantee understands and agrees that prior to Kendall County disbursing the above

listed KC-TAP funds as described herein, Grantee must submit final project costs,

along with a written request for reimbursement to the Kendall County Engineer or

his designee, who shall then determine the appropriateness of the costs and

expenses claimed and determine if all obligations have been met prior to

approving the disbursement of Grant funds . If requested by Kendall County, the

Grantee must also submit any and all further documentation to verify completion

of the Project, the costs incurred by Grantee and Grantee's compliance with the

terms of this Agreement;

m. Grantee understands and agrees that it shall submit its request for reimbursement

to the County within the same fiscal year that the Project is completed. Failure to

timely request reimbursement as outlined in this Agreement will result in Grantee

being in default of this Agreement and at that time the Agreement, as well as any

obligations of Kendall County, shall immediately cease and be considered null

and void with no further obligation upon Kendall County to provide the Grant

funding as described above;

Page 9 of13

n. Grantee understands and agrees that reimbursement requests cannot exceed the

amount originally awarded by the Kendall County Board and described in Section

2(a);

o. Grantee understands and agrees that under no circumstances shall cost overruns

be considered nor shall KC-TAP Funds under this Agreement be advanced to the

Grantee prior to project completion and submission of a request for

reimbursement.

4. It is mutually agreed by Kendall County and Grantee that at no time shall Kendall County

be inferred to, or obligated to, have a duty to provide insurance for the subject

improvements or otherwise indemnify and hold harmless Grantee in connection with the

use, enjoyment, ownership, maintenance, construction, repair or replacement of the

Project improvements and any property where the Project has been completed;

5. This Agreement and the rights of the parties hereunder may not be assigned (except by

operation of law), and the terms and conditions of this Agreement shall inure to the

benefit of and be binding upon the respective successors and assigns of the parties hereto.

Nothing in this Agreement, express or implied, is intended to confer upon any party,

other than the parties and their respective successors and assigns, any rights, remedies,

obligations or liabilities under or by reason of such agreements;

6. Any notice required or permitted to be given pursuant to this Agreement shall be duly

given if sent by fax, certified mail, or courier service and received. As such, all notices

required or permitted hereunder shall be in writing and may be given by either (a)

depositing the same in the United States mail, addressed to the party to be notified,

postage prepaid and certified with the return receipt requested, (b) delivering the same in

person, or (c) telecopying the same with electronic confirmation of receipt. Page 10 of13

If to the County:

If to the Grantee:

County Engineer Kendall County Highway Department 6780 Route 47 Y arkville, Illinois 60560

With copy to: Kendall County State's Attorney 807 John Street, Yorkville, Illinois 60560

Village Administrator Village of Oswego 100 Parkers Mill Oswego, Illinois 60543

Or such address or counsel as any party hereto shall specify in writing pursuant to this

Section from time to time;

7. This Agreement shall be interpreted and enforced under the laws of the State of Illinois.

Any legal proceeding related to enforcement of this Agreement shall be brought in the

Circuit Court of Kendall County, lllinois. In case any provision of this Agreement shall

be declared and/or found invalid, illegal or unenforceable by a court of competent

jurisdiction, such provision shall, to the extent possible, be modified by the court in such

manner as to be valid, legal and enforceable so as to most nearly retain the intent of the

parties, and, if such modification is not possible, such provision shall be severed from

this Agreement, and in either case the validity, legality, and enforceability of the

remaining provisions of this Agreement shall not in any way be affected or impaired

thereby;

8. This Agreement may be executed in counterparts (including facsimile signatures), each of

whieh- shall be deemed to be -an original -and both of wlri:cir shalt constitute one anatlle

same Agreement;

Page 11 of13

9. This Agreement represents the entire agreement between the parties and there are no

other promises or conditions in any other agreement whether oral or written. Except as

stated herein, this agreement supersedes any other prior written or oral agreements

between the parties and may not be further modified except in writing acknowledged by

both parties;

10. Nothing contained in this Agreement, nor any act of Kendall County or the Grantee

pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or

by third persons, to create any relationship of third party beneficiary, principal, agent,

limited or general partnership, joint venture, or any association or relationship involving

Kendall County and the Grantee;

11. This Agreement shall be in full force and effect upon signature by both parties and will

terminate upon either (a) payout by the County of Grant funds as described herein, or (b)

default by Grantee, whichever occurs first. However, the duty to defend and indemnify

shall survive the term of this agreement;

12. In the event Kendall County is in default under the Agreement because funds are not

appropriated for a fiscal period subsequent to the one in which the Agreement was

entered into which are sufficient to satisfy all or part of the County's obligations under

this Agreement during said fiscal period, the County agrees to provide prompt written

notice of said occurrence to Grantee. In the event of a default due to non-appropriation

of funds, Grantee and County have the right to terminate the Agreement upon providing

thirty (30) days written notice to the other party. No additional payments, penalties

and/or early termination charges shall be required upon termination of the Agreement;

13. Kendall County and Grantee each hereby warrant and represent that their respective

signatures set forth below have been, and are on the date of this Agreement, duly Page 12 ofl3

authorized by all necessary and appropriate corporate and/or governmental action to

execute this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental

Agreement to be executed by their duly authorized officers on the above date.

County of Kendall, a unit of local government of the State of Illinois

By: Chair, Kendall County Board

Date:

Attest: -------------------------County Clerk

Village of Oswego, Kendall County, Illinois, a municipal corporation

By: Village President of Oswego

Date:

Attest: _____________ _ Village Clerk

Page 13 of13

December 19, 2014

To: Kendall Count y Engineer Francis C. Klaas, P.E. 6780 Route 4 7 Yorkville, IL 60560

I 00 Parkers Mill • Oswego. lL. 60543 • (630) 554-3618 • Fax: (630) 554-3306 Website: http://www.oswegoil.org

Oswego is the largest community in Kendall County and has been recognized as one of the fastest growing communities in the country and shared-use trails are in high demand. The Village strives to provide a vibrant, sustainable community, rich in heritage and genuine partnerships, for the benefit and enjoyment of present and future generations. A multi-use path along US 34 would help the Village achieve this goal and we therefore request $3,450.00 in Kendall County Transportation Alternatives Program funding.

The Village of Oswego proposes a 10 foot wide, asphalt surface multi-use trail to be constructed along on the north side of US 34 beginning at the west corporate limits of Oswego and extends easterly approximately 0.50 miles (2,640 feet) to Station Drive. lOOT will construct the path as part of the widening project that extends to Yorkville.

The elective shared-use trail total cost is $30,000.00. Federal funding will cover $24,000.00, leaving the Village to cover the remaining $6,000.00. We are requesting a 50% match or $3,450.00 in Kendall County TAP funding. The project is to commence as soon as possible, and no later than 24 months after Kendall County Board approval. The project will adhere to State and Federal requirements and will be owned and maintained by the Village of Oswego.

The multi-use trail falls under three of the Village' s five strategic plan visions, including; Community Enrichment (Quality Development and use of public and private space, culture), Environmental Se sibility (plans, decisions and practices are environmentally conscious and honor the natural environment) and Strategic Infrastructure (highly effective modes of transportation to keep pace with community needs).

Thank you for considering the Village of Oswego's proposal for a shared-use path in regards to the 2015 Kendall County Transportation Alternatives Program. If you have any questions, please don't hesitate to contact me.

Thank you,

Tia Brooks Grant Writer Village of Oswego 100 Parkers Mill Oswego, IL 60543 630-551-2392

Exhibit A

AGENDA MEMORANDUM

TO: Village President Brian LeClercq and Board of Trustees

CC: Village Administrator

FROM: Mark G. Horton, CPFO, Finance Director

DATE: March 25, 2015

AGENDA: April 14, 2015 Village Board meeting

SUBJECT: Public Hearing on the Fiscal Year 2016 Village Budget

Purpose

Hold Public Hearing on the Fiscal Year 2016 Annual Budget.

Background

The Village of Oswego adopted Ordinance No. 02-106, AN ORDINANCE ADOPTING AN

ANNUAL BUDGET PROCESS FOR THE VILLAGE OF OSWEGO, KENDALL COUNTY,

ILLINOIS. This Ordinance adopted the provisions of the Illinois Municipal Code, Chapter 65

ILCS 5/8-2-9 through 5/8-2-9.10. This Code section is commonly referred to as the Budget Act.

The Village of Oswego is required to hold a public hearing on the annual budget at which time

public comment will be heard on the budget.

Discussion

The Fiscal Year 2016 Village of Oswego Annual Budget is the subject of the public hearing.

The budget has been available for public inspection since February 4, 2015. The Budget was also

discussed with the Village Board at the Committee of the Whole meetings on February 17th,

March 3rd, 17th and 31st. The required notice of public hearing was published in the Ledger

Sentinel newspaper on Thursday, April 2nd in compliance with the Budget Act. The attached

document lists the total expenditures for all the Funds the Village establishes a budget for.

Funding

N/A

Recommendation

Hold the public hearing.

Strategic Plan Relevance

S.P.O. # 1.1.1 Adopts balanced budgets and maintains expenditure levels within the revenue stream


Fiscal Year Fiscal Year Fiscal Year

2016 2016 2016

Fund Revenues Expenditures Difference

Major Governmental Funds

General Fund $17,483,288 $17,483,288 $0

Capital Improvement Fund $0 $0 $0 Debt Service Fund $1,774,689 $1,773,489 $1,200

Total Major Governmental Funds $19,257,977 $19,256,777 $1,200

Non-Major Governmental Funds

Motor Fuel Tax Fund $812,500 $862,500 ($50,000)

Total Non Major Governmental Funds $812,500 $862,500 ($50,000)

Proprietary Funds

Enterprise Funds

Waterworks & Sewer Fund $5,389,800 $5,067,731 $322,069

Waterworks & Sewer Capital Fund $566,000 $1,207,300 ($641,300)

Garbage Fund $2,344,712 $2,342,812 $1,900

Total Proprietary Funds $8,300,512 $8,617,843 ($317,331)

Total Operating Funds $28,370,989 $28,737,120 ($366,131)

Non Operating Funds

Fiduciary Funds

Police Officers' Pension Fund $1,931,760 $606,900 $1,324,860

Total Fiduciary Funds $1,931,760 $606,900 $1,324,860

Total Non Operating Funds $1,931,760 $606,900 $1,324,860

Total All Funds $30,302,749 $29,344,020 $958,729

Budget Year Comparison Summary - All Funds

Proclamation The Village of Oswego, Illinois

Founded in 1833

BUILDING SAFETY MONTH – May 2015 WHEREAS, through our continuing efforts to address the critical issues of safety, energy efficiency, water conservation and resilience in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and; WHEREAS, our confidence is achieved through the devotion of vigilant guardians – building safety and fire prevention officials, architects, engineers, builders, tradespeople, laborers and others in the construction industry – who work year-round to ensure the safe construction of buildings, and; WHEREAS, these guardians – dedicated members of the International Code Council – use a governmental consensus process that brings together local, state and federal officials with expertise in the built environment to create and implement the highest quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and; WHEREAS, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires and earthquakes, and; WHEREAS, Building Safety Month is sponsored by the International Code Council, to remind the public about the critical role of our communities’ largely unknown guardians of public safety – our local code officials – who assure us of safe, efficient and livable buildings, and; WHEREAS, this year’s theme, “Resilient Communities Start with Building Codes” encourages all Americans to raise awareness of the importance of building safe and resilient construction; fire prevention; disaster mitigation; water safety and conservation; energy efficiency and new technologies in the construction industry. Building Safety Month 2015 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and, WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, I, Brian LeClercq, President of the Village of Oswego, do hereby proclaim the month of May 2015 as

BUILDING SAFETY MONTH in the Village of Oswego. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of Oswego to be affixed this 14th day of April, 2015.

Brian LeClercq, Village President ATTEST:



Founded in 1833

OLDER AMERICANS MONTH May, 2015

WHEREAS, the Village of Oswego includes a thriving community of older Americans who deserve recognition for their contributions and sacrifices to ensure a better life for future generations; and

WHEREAS, the Village of Oswego committed to helping all individuals live longer, healthier lives; and

WHEREAS, since 1965, the Older Americans Act has provided services that help older adults remain healthy and independent by complementing existing medical and health care systems, helping prevent hospital readmissions, and supporting some of life’s most basic functions, such as bathing or preparing meals; and

WHEREAS, these programs also support family caregivers, address issues of exploitation, neglect and abuse of older adults, and adapt services to the needs of Native American elders; and

WHEREAS, we recognize the value of community engagement and service in helping older adults remain healthy and active while giving back to others; and

WHEREAS, our community can provide opportunities to enrich the lives of individuals of all ages by:

Promoting and engaging in activity, wellness, and social inclusion Emphasizing home- and community-based services that support independent living Ensuring community members of all ages benefit from the contributions and experience of

older adults

WHEREAS, in honor of the 50th anniversary of the Older Americans Act, this year’s theme “Get into the Act” focuses on how older adults are taking charge of their health, getting engaged in their communities and making a positive impact in the lives of others.

NOW THEREFORE, I, Brian LeClercq, President of the Village of Oswego, do proclaim the month of May 2015, as

OLDER AMERICANS MONTH and urge every resident to take time this month to celebrate older adults and the people who serve and support them as powerful and vital individuals who greatly contribute to the community.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of Oswego to be affixed this 14th day of April, 2015.

BRIAN LeCLERCQ, VILLAGE PRESIDENT ATTEST:



Founded in 1833

MOTORCYCLE SAFETY AWARENESS MONTH

WHEREAS, safety is the highest priority for the highways and streets of our Village, Township

and State; and

WHEREAS, the great State of Illinois is proud to be a national leader in motorcycle safety,

education and awareness; and

WHEREAS, motorcycles are a common and economical means of transportation that reduces

fuel consumption and road wear, and contributes in a significant way to the relief of traffic and parking

congestion; and

WHEREAS, it is especially meaningful that the citizens of our Village and State be aware of

motorcycles on the roadways and recognize the importance of motorcycle safety; and

WHEREAS, the members of A.B.A.T.E. of Illinois, Inc. (a Brotherhood Aimed Toward

Education) continually promote motorcycle safety, education and awareness to high school drivers'

education programs and to the general public, in our Village, Township and State, presenting motorcycle

awareness programs to over 100,000 participants in Illinois over the past six years; and

WHEREAS, all motorcyclists should join A.B.A.T.E. of Illinois, Inc. in actively promoting the

safe operation of motorcycles, as well as promoting motorcycle safety, education, awareness and respect

of the citizens of our Village, Township and State; and

WHEREAS, the motorcyclists of Illinois have contributed extensive volunteerism and money to

national and community charitable organizations for the enhancement and support of these organizations;

and

WHEREAS, during the month of May, all roadway users should unite in the safe sharing of

roadway within the Village of Oswego and throughout the great state of Illinois.

NOW THEREFORE, I, Brian LeClercq, President of the Village of Oswego, in recognition of

29 years of A.B.A.T.E. of Illinois, Inc., and the over 638,000 registered motorcyclists statewide, and in

recognition of the continued role Illinois serves as the leader in motorcycle safety, education and

awareness, do hereby proclaim the month of May, 2015 as

MOTORCYCLE SAFETY AWARENESS MONTH

In the Village of Oswego and urge all motorists to join in an effort to improve safety and awareness on

our roadways.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of

Oswego to be affixed this 14th day of April, 2015.

_______________________________________

BRIAN LECLERCQ, VILLAGE PRESIDENT

ATTEST:

___________________________



Founded in 1833

MUNICIPAL CLERKS WEEK

MAY 3 - 9, 2015

WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local

government exists throughout the world, and

WHEREAS, The Office of the Municipal Clerk is the oldest among public servants, and

WHEREAS, The Office of the Municipal Clerk provides the professional link between the

citizens, the local governing bodies and agencies of government at other levels, and

WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and

impartiality, rendering equal service to all; and

WHEREAS, The Municipal Clerk serves as the information center on functions of local

government and community; and

WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of

the Office of the Municipal Clerk through participation in education programs, seminars, workshops and

the annual meetings of their state, province, county and international professional organizations; and

WHEREAS, It is most appropriate that we recognize the accomplishment of the Office of the

Municipal Clerk.

NOW THEREFORE, I, Brian LeClercq, President of the Village of Oswego, do recognize the

week of May 3 through May 9, 2015, as

MUNICIPAL CLERKS WEEK

and further extend appreciation to our Municipal Clerk, Tina Touchette, and to all Municipal Clerks for

the vital services they perform and their exemplary dedication to the communities they represent.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of

Oswego to be affixed this 14th day of April, 2015.

Brian LeClercq, Village President

ATTEST:



Founded in 1833

NATIONAL POLICE WEEK May 10 – May 16, 2015

WHEREAS, the Congress and President of the United States have designated May 15,

2015 as PEACE OFFICERS' MEMORIAL DAY, and the week in which it falls as NATIONAL POLICE WEEK; and

WHEREAS, the members of the law enforcement agency in the Village of Oswego play

an essential role in safeguarding the rights and freedoms of the citizens of Oswego; and

WHEREAS, it is important that all citizens know and understand the duties,

responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of

our law enforcement agency recognize their duty to serve the people by safeguarding life and

property, by protecting them against violence and disorder, and by protecting the innocent

against deception and the weak against oppression; and

WHEREAS, the men and women of the law enforcement agency of the Village of

Oswego unceasingly provides a vital public service;

NOW, THEREFORE, I, Brian LeClercq, President of the Village of Oswego, Kendall

County, Illinois, call upon all citizens of Oswego and upon all patriotic, civic and educational

organizations to observe the week of May 10 – 16, 2015 as

POLICE WEEK

with appropriate ceremonies and observances in which all of our people may join in

commemorating law enforcement officers, past and present, who by their faithful and loyal

devotion to their responsibilities have rendered a dedicated service to their communities and, in

so doing, have established for themselves an enviable and enduring reputation for preserving the

rights and security of all citizens.

I FURTHER call upon all citizens of the Village of Oswego to observe May 15, 2015 as

PEACE OFFICERS’ MEMORIAL DAY in honor of those peace officers who, through their courageous deeds, have made the ultimate

sacrifice in service to their community or have become disabled in the performance of duty, and

let us recognize and pay respect to the survivors of our fallen heroes.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the

Village of Oswego to be affixed this 14th

day of April, 2015.


ATTEST:



Founded in 1833

NATIONAL PUBLIC WORKS WEEK MAY 17 – 23, 2015

WHEREAS, public works infrastructure, facilities and services are of vital importance to sustainable communities and to the health, safety and well-being of the people of the Village of Oswego and

WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings and snow removal; and

WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and

WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction are vitally dependent upon efforts and skill of public works officials; and

WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform; and

WHEREAS, this year’s theme “Community Begins Here”, speaks to the essential nature of Public Works services in support of everyday quality of life. Public works plays a key role in the planning, building and maintenance of infrastructure projects in their communities that will allow future generations to enjoy a higher quality of life.

WHEREAS, the year 2015 marks the 55th annual National Public Works Week sponsored by the American Public Works Association.

NOW, THEREFORE, I, Brian LeClercq, President of the Village of Oswego, Kendall County, Illinois do hereby proclaim May 17- 23, 2015 as

NATIONAL PUBLIC WORKS WEEK in Oswego and call upon all citizens and organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions that Public Works Officials make every day to our health, safety, comfort and quality of life.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Village of Oswego to be affixed this 14th day of April, 2015.


ATTEST:


Documents

· Posted: Date: ___________ Time: ___________ Place: ___________ Tina Touchette Initials: ___________ Village Clerk 100 Parkers Mill • Oswego, Illinois 60543 (630

· Posted: Date: _____ Time: _ Place: _ Tina Touchette Initials: _____ Village Clerk 100 Parkers Mill • Oswego, Illinois 60543 (630