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HomeMy WebLinkAbout12062021 City Council Packet extAdministration 55 West Tompkins Street Galesburg, IL 61401 CITY OF GALESBURG Illinois, USA December 6 City Council Agenda __________________________________________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 2 City Council Meeting Agenda City of Galesburg, Illinois City Council Chambers December 6, 2021 Members of the public who would prefer to view Galesburg City Council meetings remotely, can view the council meetings on Comcast channel 7 or stream the meeting live on the City’s website. 5:20 p.m. Public Hearing Truth in Taxation Hearing - SSA #1 2021 Property Tax Levy 5:30 p.m. Roll Call Pledge of Allegiance Invocation Presentation Knox County CEO Program Approve Minutes from November 15, 2021 Consent Agenda #2021-23 21-2035 Resolution Section 5311 Federal Operating Assistance Grant Agreement 21-2036 Resolution Downstate Operating Assistance Program Grant Agreement 21-3023 Bid Purchase of bulk rock salt for 2021-2022 winter season 21-4113 Approve Flex spending vendor Flexible Benefit Service LLC 21-4114 Approve Renewal of risk management & consulting service with Molyneaux 21-4115 Approve IML RMA property & liability insurance for 2022 21-8022 Bills and Advance Checks Approval and warrants drawn in payment of same Passage of Ordinances and Resolutions 21-1037 Ordinance FY22 revenue adjustments (Final Reading) 21-1038 Special Ordinance 2021 property tax levy for FY 22 (Final Reading) 21-1040 Special Ordinance 2021 SSA #1 Property Tax Levy (First Reading) 21-1041 Ordinance Ordinance for proposed ward and precinct redistricting map (First Reading) 21-2037 Resolution Transferring funds from General Fund to Library Fund for construction of a new library facility 21-2038 Resolution Moratorium on enforcement of Chapter 97 of the Galesburg city code __________________________________________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 2 21-2039 Resolution Utilizing American Rescue Plan funds for housing assistance Bids, Petitions and Communications 21-3024 Bid Ductless AC Unit Replacement at Lakeside Waterpark Public Comment City Manager’s Report Miscellaneous Business (Agreements, Approvals, Etc.) 21-4108 Approve (TABLED) Architectural/Engineering Agreement with Farnsworth Group, Inc. to provide estimated renovation costs of Churchill Junior High 21-4116 Approve FY 2022 Budget 21-4117 Approve Initiation of demolition proceedings on properties located at 133 Locust St. (residence & attached garage), 314 S Henderson St. (residence), 362 N Broad St. (residence & accessory structure), 553 W Tompkins St. (residence & accessory structure), 643 Day (residence & shed) 21-4118 Approve National opioid settlement and release 21-4119 Approve Agreement for applying for the Rebuild Downtown and Main Street Grant Program for renovation of upper floors downtown for residential use 21-4120 Approve Agreement for applying for the Rebuild Downtown and Main Street Grant Program for the Railroad Hall of Fame Town Business 21-9026 Ordinance 2021 Township property tax levy for FY 22 (Final Reading) 21-9027 Ordinance 2021 Budget and Appropriation Ordinance (Final Reading) 21-9028 Bills Closing Comments 3 Adjournment Vision Statement “The City of Galesburg will be a dynamic community featuring a full range of public amenities to serve a diverse citizenry. The City Council will play a pro-active role in providing leadership to its citizens, neighborhoods, and other public bodies and enact policies which ensure the existence of a broad based economy.” CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 5 CITY COUNCIL MEETING City Manager’s Report December 6, 2021 CONSENT AGENDA #2021-23 Item 21-2035 Section 5311 Federal Operating Assistance Grant Agreement Staff recommends approval of a resolution authorizing the Mayor to sign the FY 2022 Grant Agreement for the Section 5311 Federal Operating Assistance Grant for the City’s transit program. The transit grant application submitted to IDOT this spring was approved. This Federal program funds up to $304,335 toward operating expenses. Item 21-2036 Downstate Operating Assistance Program Grant Agreement Staff recommends approval of a resolution authorizing the Mayor to sign the FY 2022 Grant Agreement for the Downstate Operating Assistance Program Grant Agreement for the City’s transit program. The transit grant application submitted to IDOT this spring was approved. This State program funds up to 65 percent of the total operating expenses. Item 21-3023 Purchase of Bulk Rock Salt for 2021 – 2022 Winter Season Staff recommends approval of utilizing the 2021-22 State Bid for Bulk Rock Salt in the amount of $73.69 per ton from Compass Minerals America, Inc. The City budgets annually for anticipated bulk salt use through the Motor Fuel Tax Fund and has budgeted sufficient funds for the winter season. Item 21-4113 Flex Spending Vendor Flexible Benefit Service LLC Staff recommends approval of entering into an agreement with Flexible Benefit Service LLC for provision of the flexible spending arrangement plan for employees (FSA). This company has been recommended by the City’s benefits & wellness consultant as they have access to coordinate claims with our health plan carrier, Blue Cross Blue Shield, which streamlines claims for the participants. Item 21-4114 Renewal of Risk Management & Consulting Service with Molyneaux Staff recommends approval of renewing a one-year contractual agreement with Molyneaux to provide Risk Management Consulting and Insurance Brokerage services for the City for a flat annual fee of $32,000.00 for the period 1/1/2022 through 12/31/2022. Funding for this service is included in the Risk Management Budget 078-51000 professional services. Item 21-4115 IML RMA Property & Liability Insurance for 2022 Staff recommends approval of the purchase of insurance policies from the Illinois Municipal League Risk Management Association (RMA) for the period of 1/1/2022 - 12/31/2022. Coverages include general liability, property damage for buildings, automobile liability & physical damage for the fire & police departments and transit vehicles, public official bonds and law enforcement liability. The policy has a deductible of $10,000 per occurrence for most lines of coverage and would become effective January 1, 2022, with an annual premium of $442,796. Sufficient funding is budgeted in the Risk Fund for this purchase. CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 5 Item 21-8022 Bills Bills and Advanced Checks are submitted for approval; please direct questions to Gloria Osborn, Director of Finance and Information Systems. ORDINANCES AND RESOLUTIONS Item 21-1037 FY22 Revenue Adjustments (Final Reading) Staff recommends approval of rates and fees collected by the City. The rates and fees will be budgeted for fiscal year 2022 and will become effective January 1, 2022. Item 21-1038 2021 Property Tax Levy for FY22 (Final Reading) Staff recommends approval of the 2021 Property Tax Levy Ordinance. The 2021 tax levy request has been established at $9,707,625 which is an increase of 2.64% when compared to the total amount of the current year tax levy (2020) extension. Based on the current information on the Estimated Assessed Value (EAV) for the 2021 tax levy, the estimated property tax rate for the City will be approximately $2.669 or seven cents more than the 2020 tax levy rate. The property tax rate is applied to individual tax bills. Item 21-1040 2021 SSA #1 Property Tax Levy (First Reading) The 2021 levy for the Special Service Area #1 (Downtown Area) is provided for council consideration. For the 2021 property tax, collected in 2022, the Special Service Area Number One board has requested that the City Council approve an extension that is over 105% of the 2020 property tax extension, which requires a truth in taxation hearing to be held prior to the regular council meeting on December 6, 2021. The total increase for the Special Service Area Number One is $43,275 or 32% when compared to the 2020 property tax extension. Item 21-1041 Proposed Ward & Precinct Redistricting Map (First Reading) The Board of Election Commissioners recommends approval of a proposed ward and precinct redistricting map. The proposed redistricting map rebalances the wards and precincts to correct for imbalances that have naturally occurred as residents and voters have moved in and out of wards and precincts over the past decade. Item 21-2037 Transferring Funds from the General Fund to the Library Fund Staff recommends approval of resolution transferring $775,000 in funds from the General Fund to the Library Fund. The Galesburg Public Library has been awarded a 15.3 million dollar state grant to construct a new public library facility. They are responsible for fundraising 3.75 million dollars in order to complete the project. As part of this fundraising drive, they have requested that the City donate funds in the amount of $775,000. These funds will be used to purchase and construct technology at the facility. Item 21-2038 Moratorium on Enforcement of Chapter 97 of the Galesburg City Code A Resolution establishing a moratorium on enforcement of Chapter 97 against homeowners who install landscaping or other items in their terrace is presented at the request of members of the Council. The terrace or parkway is the area of land located on a property between the street and the sidewalk. This area is part of the right of way that is owned by the City. Homeowners must maintain this area but cannot encroach or obstruct the area pursuant to Chapter 97 of the Galesburg CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 3 of 5 City Code. This Resolution places a 180 day moratorium on enforcement against a homeowner whose landscaping or decorative activities violate Chapter 97. Item 21-2039 Utilizing American Rescue Plan Funds for Housing Assistance Staff recommends approval of resolution directing up to $60,000 in rental assistance funds from the City of Galesburg American Rescue Plan Act funds to the Knox County Housing Authority. The Knox County Housing Authority (“KCHA”) provides low cost, subsidized rental housing to residents of the City of Galesburg. They have requested that the City and the County assist with past due rent in order to avoid eviction of 162 families in Galesburg. Use of funds from the American Rescue Plan Act (ARPA) is authorized for eviction prevention or housing stability services necessitated by COVID 19. BIDS, PETITIONS AND COMMUNICATIONS Item 21-3024 Ductless AC Unit Replacement at Lakeside Waterpark Staff recommends approval of the bid in the amount of $25,408.00 from AMP Mechanical Services Inc. to replace the existing six ductless air conditioning units at Lakeside Waterpark. Five of the six ductless air conditioning units at Lakeside Waterpark are failing and in need of replacement. One unit is currently deemed inoperable. The units have survived beyond their useful life and replacement is necessary. Two bids were received for this work. AMP Mechanical Services Inc. submitted the low and best bid while meeting all specifications required for this project. This project will be paid for with funds from the Building Repair & Maintenance Fund. CITY MANAGER’S REPORT MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) (TABLED)Item 21-4108 Agreement with Farnsworth Group, Inc. Staff recommends approval of the agreement with Farnsworth Group, Inc. for preliminary architectural/engineering work to provide an estimated cost to renovate Churchill Junior High School. The school district has offered Churchill Junior High School and adjacent property to the City for the anticipated sale amount of $1. As Churchill Junior High School is decades old, staff would like to have an architect/engineer estimate the cost of renovating the building before making a decision on whether or not to purchase the building. The cost of the agreement is not to exceed $15,900 and would be paid from the General Fund. Item 21-4116 FY 2022 Budget Staff recommends approval of the December 31, 2022 Annual Budget. The public hearing for the December 31, 2022 Annual Budget was held on November 15, 2021. The annual budget sets the legal spending limits for the December 31, 2022 fiscal year. The 2022 budget is as follows: Total Revenues: $67,978,320 Total Use of Fund Balance and/or Other Financial Resources: $12,184,710 Total Expenditures: $67,203,615 General Fund Revenue Total: $26,252,940 General Fund Expenditure Total: $27,423,395 General Fund Use of Fund Balance: $1,170,455 CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 4 of 5 Item 21-4117 Initiation of Demolition Proceedings Staff recommends approval of moving forward with the demolition process on properties located at 133 Locust Street (residence & attached garage), 314 S Henderson Street (residence), 362 N Broad Street (residence & accessory structure), 553 W Tompkins Street (residence & accessory structure), 643 Day (residence & shed). The properties are all in a dilapidated and unsafe condition. After an inspection of the properties, the Building Inspector sent the required notification to the owners of the properties requesting compliance. Upon a follow up inspection, it was noted that there had not been any progress towards fixing the properties. Item 21-4118 National Opioid Settlement and Release Staff recommends approval of a national opioid settlement and release. After years of nationwide litigation, settlements have been reached that resolve opioid litigation brought by states and municipalities against the three largest pharmaceutical distributers, (McKesson, Cardinal Health and Amerisource Bergen) and one manufacturer, Janssen Pharmaceuticals, Inc. and its parent company Johnson and Johnson. The State of Illinois has signed onto the settlement, making Illinois local governments eligible to participate. The City of Galesburg will only be eligible to receive funds from this settlement if it executes these releases. At this time, it is unknown what type of funding will be made directly available to the City of Galesburg, if the settlement is approved. However, it is anticipated that a substantial majority of the funds must be spent on opioid treatment and prevention. Item 21-4119 Rebuild Downtown & Main Street Grant Application for Apartments Agreement with Bruner, Cooper, and Zuck, Inc. in an amount not to exceed $13,900 for preparation of a grant application for the State of Illinois Rebuild Downtowns and Main Streets Grant for the renovation of the 2nd and 3rd floor of 120 E. Main Street for residential use. The Illinois Department of Commerce and Economic Opportunity (DCEO) is accepting applications for the Rebuild Downtowns and Main Streets Grant. This is a new one time grant program designed to bring investments to revitalize commercial corridors and main street areas statewide. This is one of three projects the city intends to apply for through this program and consists of applying for renovation of the 2nd and 3rd floors of 120 East Main Street, which is currently owned by the city. The scope of work includes a code analysis of the building, structural evaluation, development of a floor plan and proposed elevation view of the exterior of the building, and a cost estimate for the project in addition to applying for the grant. There is no match required but projects score higher if a match is provided. It is proposed for the city to provide a 20% match if the project is selected for the grant. Even though an estimate is not known until the study is complete, a ballpark estimate would be $1.25 million, of which a 20% match would be $250,000 which could come from TIF or Economic Development funds. The deadline to submit a project is January 10, 2022. Projects are anticipated to be selected in the summer of 2022 and would be constructed in 2023 if selected. The grant application agreement amount of $13,900 would be paid from the Economic Development Fund (24). Item 21-4120 Rebuild Downtown & Main Street Grant Application for NRHOF Staff recommends approval of an agreement with Bruner, Cooper, and Zuck, Inc. to prepare a grant application for the State of Illinois Rebuild Downtowns and Main Streets Grant for the National Railroad Hall of Fame (NRHOF) project. The Illinois Department of Commerce and Economic Opportunity (DCEO) is accepting applications for the Rebuild Downtowns and Main Streets CITY OF GALESBURG Administration Operating Under Council – Manager Government Since 1957 _________________________________________________________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________ Page 5 of 5 Grant. This is a new one time grant program designed to bring investments to revitalize commercial corridors and main street areas statewide. This is one of three projects the city intends to apply for through this program and consists of applying for construction of a new building south of the Amtrak Station to house the NRHOF. The City will be applying on behalf of the NRHOF for a $2.5 million grant from the program. Since the NRHOF is not a governmental entity a 50% match is required for the program which is proposed to be paid by the foundation. The estimated cost of the project would be $5 million with a proposed 50% local match from the NRHOF. The deadline to submit a project is January 10, 2022. Projects are anticipated to be selected in the summer of 2022 and would be constructed in 2023, if selected. The grant application agreement amount of $5,000 would be paid by the City of Galesburg from the Economic Development Fund (24). TOWN BUSINESS Item 21-9026 2021 Township Property Tax Levy for FY22 (Final Reading) Item 21-9027 2021 Budget and Appropriation Ordinance (Final Reading) Item 21-9028 Town Bills Respectfully submitted, Todd Thompson City Manager 5:20 p.m. Public Hearing: December 31, 2022, City Budget Public Hearing: December 31, 2022, Township Budget Proclamation: Small Business Saturday Proclamation and Key to the City presented to Carlos Duncan Galesburg City Council Regular Meeting City Council Chambers 55 West Tompkins Street, Galesburg, Illinois November 15, 2021 5:30 p.m. Called to order by Mayor Peter Schwartzman at 5:30 p.m. Roll Call #1: Present: Mayor Peter Schwartzman, Council Members Bradley Hix, Wayne Dennis, Kevin Wallace, Dwight White, Jaclyn Smith-Esters, Sarah Davis, and Larry Cox, 8. Also Present: City Manager Todd Thompson, City Attorney Bradley Nolden, and City Clerk Kelli Bennewitz. Mayor Schwartzman declared a quorum present at 5:35 p.m. The Pledge of Allegiance was recited. Semenya McCord gave the invocation. Council Member Dennis moved, seconded by Council Member Wallace, to approve the minutes of the City Council’s regular meeting from November 1, 2021. Roll Call #2: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. CONSENT AGENDA #2021-22 All matters listed under the Consent Agenda are considered routine by the City Council and will be enacted by one motion. 21-4105 Approve waiving normal purchasing policies and approve the 2022 Springrook maintenance fees in the amount of $75,049.72. 21-4106 Approve the bid from One Source in the amount of $15,500 for the purchase of a walk behind saw for the Water Division. 21-4107 November 15, 2021 Page 1 of 12 Approve the bid from Webber Rental & Supply in the amount of $10,275 for the purchase of a trailer for the walk behind saw for the Water Division. 21-5019 Receive the September 30, 2021, Investment Schedule. 21-6003 Approve the following appointments to the Youth Commission: Paula Johnson, term expires December 31, 2022 Deion Crider, term expires December 31, 2022 Zakary Warfield, term expires December 31, 2022 21-8021 Approve bills in the amount of $707,202.21 and advance checks in the amount of $628,323.08. Council Member Davis moved, seconded by Council Member Cox, to approve Consent Agenda 2021-22. Roll Call #3: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. PASSAGE OF ORDINANCES AND RESOLUTIONS 21-1033 Council Member White moved, seconded by Council Member Davis, to approve Ordinance 21-3656 on final reading amending the zoning map for 898 West Main Street to go from Institutional (I) to General Business (B2). Roll Call #4: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 21-1034 Council Member Smith-Esters moved, seconded by Council Member Davis, to approve Special Ordinance 21-608 on final reading authorizing the purchase of 355 East Second Street from the Knox County Trustee in the amount of $823.00. Roll Call #5: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. November 15, 2021 Page 2 of 12 21-1036 Council Member Smith-Esters moved, seconded by Council Member Wallace, to approve Ordinance 21-3657 on final reading dissolving the Tax Increment Financial Fund and Redevelopment Project Area I (Downtown TIF 1). Community Development Director Steve Gugliotta reported that due to their blight, 465 Mulberry Street and the lot east of the property at Mulberry and Seminary Streets, could be moved into TIF IV. Roll Call #6: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 21-1037 Ordinance on first reading adjusting various licenses, recreation, water and refuse fees. 21-1038 Special Ordinance on first reading 2021 Property Tax Levy in the amount of $9,707,625, which is an increase of 2.64 percent compared to the 2020 tax levy extension. City Manager Thompson noted that the EAV is unknown at this time but that a slight increase is estimated. Council Member Cox suggested that the City look at freezing the rate in the future and to investigate any implications doing so would have on the City’s budget and levy in the future. 21-1039 Ordinance on first reading amending Traffic Appendix X of Chapter 77 of the Galesburg Municipal Code restricting parking on both sides of Locust Street between Knox Street and Conger Street during school hours. Council Member Dennis moved, seconded by Council Member Wallace, to suspend the rules and move agenda item 21-1039 to final reading. Roll Call #7: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. Council Member Dennis moved, seconded by Council Member Wallace, to approve Ordinance 21-3658 on final reading to amend Traffic Appendix X of Chapter 77 of the Galesburg Municipal Code to restrict parking on both sides of Locust Street between Knox Street and Conger Street during school hours. Roll Call #8: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 21-2033 November 15, 2021 Page 3 of 12 Council Member Smith-Esters moved, seconded by Council Member Wallace, to approve Resolution 21-30 determining the 2021 Property Tax Levy for Special Service Area One. This request is more than 105 percent and therefore will require a truth in taxation public hearing, to be held December 6, 2021. The tax levy request will not exceed $142,512, which is $135,726 more than the 2020 tax levy. Jay Bullis, Downtown Council representative, addressed the Council and stated that this tax has been in place since 1975 (1% for maintenance and 1½ % for operational costs). Maintenance costs are applied towards trash pick up, plants, watering, snow removal, etc., while costs for operation include supporting those items, lights, banners, and the facade program. The operational fee will sunset 2023 and the Downtown Council will be asking for it to be extended another ten years at that time. They are asking for the increase in the SSA tax levy in order to help with reduced funds due to the termination of TIF I. The Downtown Council is in favor of the levy increase. Roll Call #9: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 21-2034 Council Member White moved, seconded by Council Member Wallace, to approve Resolution 21-31 authorizing the execution of a grant agreement with the Salvation Army to provide an Emergency Warming Shelter. Council Member Cox thanked the Salvation Army for stepping forward and for their willingness to operate the shelter. He commented that he doesn’t believe this location is ideal and wished the project had been started earlier. Council Member Wallace also encouraged the City to find a better long term solution. He is also concerned with transportation since this location is an out of the way spot. The City Manager stated that transportation is being looked into. Council Member Smith-Esters stated that this shelter is greatly needed for those in any sort of economic crisis and that it is a learning moment for the whole community. She appreciates all the agencies who will be assisting. Smith-Esters noted publicly that she will be abstaining from this vote, as well as agenda item 21-4111, since Salvation Army is her employer. Council Member Davis inquired about transportation and that these individuals shouldn’t be charged for bus rides. The City Manager stated that they will be accommodated. Meghan Templeton, Salvation Army, addressed the Council and reported that most of the cost (not to exceed $100,000) will be staffing. Other costs will include cots, pillows, cleaning, etc . It was noted by Council Member Hix that he would like to amend the lease to address drug and alcohol use and that they would not be allowed in the facility. November 15, 2021 Page 4 of 12 Templeton also stated that the shelter will be for individuals over the age of 18. Accommodations for children and families will be made elsewhere with other resources. They are anticipating anywhere between 10-30 individuals. She noted that they will also hopefully be collaborating with other agencies, such as Bridgeway and the Police Department, for assistance. It is also their hope that other agencies and locations, such as the Library and Housing Authority properties, will open their doors for individuals during the daytime. Council Member Hix asked if the people living in the villas in Hawthorne Centre had been notified of the shelter’s location. It was reported that specific notification was not done to the villas. Council Member White called for the question. Roll Call #10: Ayes: Council Members Hix, Dennis, White, Wallace, Davis, and Cox, 6. Nays: None Absent: None Abstain: Council Member Smith-Esters, 1. Chairman declared motion carried. BIDS, PETITIONS, AND COMMUNICATIONS PUBLIC COMMENT Becky Jollay, Florence Avenue, addressed the Council stating that she moved to Galesburg in 2018, bought her home in 2019, and has been working remotely. She removed all the sod from the terrace and most of her yard in spring of 2020 but was cited for performing excavation. She asked to plant mini clover or a low mow grass but was told they were invasive. She noted that she reviewed the City codes and there are no ordinances on what can and cannot be planted in City terraces. She continued to have several email conversations with the City Engineer. Jollay stated that Galesburg needs to attract people like her to live here who are young professionals and can work remotely. She expressed that the City needs to be more clear and transparent about these rules and ordinances and remove her fines and fees. Carol Buebe addressed the Council and gave the history of turf grass and the effects it has on our yards and communities. She believes there needs to be a paradigm shift with what is allowed to be planted and that people need to realize that there is nothing good about having a grass lawn. She encouraged the Council to change their 1950’s thoughts and be more forward thinking. Megan Malloy addressed the Council and stated that she visited Galesburg seven years ago and stayed for its charm and taste for the unusual. She agreed that plantings other than grass would help with pollinators and still add a green benefit to the community while being more ecological. She believes that allowing such plantings would be an environmental boon for the community. November 15, 2021 Page 5 of 12 Brother Shabazz addressed the Council regarding recent hiring discrimination that happened to him with the Knox County Mary Davis Home. He stated that he worked for the prison system in two communities over the period of one year with success as an instructor. For this reason, as well as being in the U.S. Marine Corps, degrees from Harvard and UCLA, as well as being a mentor and teacher, he applied for the job with the County. He was shocked to receive a refusal letter. He noted that he was interviewed by seven white people and that he feels discrimination was involved and structural racisim. He believes this is a national problem but that it needs to be addressed locally as people are very biased here. He also noted the racism in the criminal justice system. He added that he is in Galesburg by choice, coming to work for Knox College in 2010, but that at this time he cannot find employment. Reverend Andrew Jowers communicated to the Council that he supports Brother Shabazz and that he is a brilliant man who participates in events, attends Council meetings, and works with young people. He believes that he should be qualified for most jobs and is doing the right things but being denied. April Jackson addressed the Council and stated that the City needs to improve their communication with the codes and that no one should have to provide a Freedom of Information request for information on their home. She also added that the City has many empty buildings, such as the former middle school, that could be used for a long-term shelter. The facility has showers, plumbing, and small rooms that could function as independent living for families. Angelica Mangieri addressed the Council and lives in the area of the house on Florence Avenue and also manages a community garden. She hopes that the City will look at the opportunity to collaborate on beautifying Galesburg and that not having all the terraces look the same with the standard grass lawn is positive. She doesn’t believe that Ms. Jollay should be punished with violations and fines. Rowan Williamson implored the Council to consider alternatives to a grass yard and that they are all beautiful and useful. She hopes the Council will allow the diversity and let Ms. Jollay keep the plants. Jill Bradford addressed the Council in support of the yard and terrace on Florence Avenue and encouraged it for the pollinators (bees, butterflies and hummingbirds). Hannah Lyon addressed the Council also in support of the use of pollinator plants, which offers less mowing and less pollution. She also believes that people with these plantings, as opposed to grass, stay active and connect with nature. She encouraged people to have beautiful plantings. CITY MANAGER’S REPORT A. Traffic Advisory Committee report for November 2021. November 15, 2021 Page 6 of 12 B. The City Manager stated that the City has ordinances prohibiting encroachment in the ROW, landscape agreements with residents, and information on setbacks. He will put together this information for the Council. Council Member Cox pointed out the statement in the Traffic Advisory Committee report “TAC does not normally recommend the installation of Children Playing signs.” He expressed that in his 20+ years with the City, there has never been a recommendation for such a sign. MISCELLANEOUS BUSINESS (Agreements, Approvals, Etc.) Council Member Cox moved, seconded by Council Member Davis, to remove agenda item 21-4101 from the table. Roll Call #11: Ayes: Council Members Hix, Dennis, White, Wallace, Davis, and Cox, 6. Nays: Council Member Smith-Esters, 1. Absent: None Chairman declared motion carried. 21-4101 Council Member Cox moved, seconded by Council Member Wallace, to approve an agreement in an amount not to exceed $5,000 with Hutchison Engineering, Inc. to prepare a grant application for the State of Illinois Rebuild Downtowns and Main Streets grant. Wayne Carl, Public Works Director, reported that this is one of three projects the City intends to apply for through this program. The other two projects will have similar agreements brought to the December 6th Council meeting. One of those projects will be for renovation of upper stories to residential apartments of commercial buildings in the downtown. The other project will be for the Railroad Hall of Fame. Council Member Dennis left the meeting at 7:09 p.m. Roll Call #12: Ayes: Council Members Hix, Wallace, White, Smith-Esters, Davis, and Cox, 6. Nays: None Absent: Council Member Dennis, 1. Chairman declared motion carried. 21-4108 Council Member White moved, seconded by Council Member Wallace, to approve a contract with Farnsworth Group, Inc. in an amount not to exceed $15,900 for preliminary architectural/engineering work to provide an estimated cost to renovate Churchill Junior High School. Council Member Dennis returned to the meeting at 7:13 p.m. November 15, 2021 Page 7 of 12 Council Member Hix asserted that he would like to table this item until the Council is able to have a walk through of the building. He added that the Parks & Recreation budget already has a $2.3 million deficit and in looking at the report from the school district this building needs in excess of $8 million in repairs. Council Member White stated that he is in favor of this study but would also like to see if there are any problems, not just have them noted on paper. He wondered if a tour or a work session could be scheduled. The City Manager stated that he could contact Farnsworth and see about adding a walkthrough for Council to the agreement and noted that there would likely be a cost. Council Member Smith-Esters moved, seconded by Council Member Wallace, to amend the motion to include a walk-thru of the building with a professional from Farnsworth Group, Inc., at an additional cost not to exceed ten percent of the project cost. Roll Call #13: Ayes: Council Members Wallace, White, Smith-Esters, Davis, and Cox, 5. Nays: None Absent: None Abstain: Council Members Hix and Dennis, 2. Chairman declared motion carried. Council Member Cox stated that he would like to see a detailed study from the school district and would like more information on projected annual expenses and revenues. While the district has several items listed that wouldn’t pertain to the City, there are items such as brick work, plumbing, HVAC, etc. that total almost $6 million. Plus, that does not include upkeep and maintenance of the facility. Council Member Hix moved, seconded by Council Member Dennis, to table agenda item 21-4108 as amended until the December 6, 2021, Council meeting. Roll Call #14: Ayes: Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 21-4109 Council Member Smith-Esters moved, seconded by Council Member Dennis, to approve an engineering agreement with Klingner and Associates, P.C. in the amount of $140,000 plus reimbursables for a PFAS pilot study. Director Carl noted that at the August 2021 Work Session, the consultant proposed three possible options for the removal of PFAS - Reverse Osmosis, Ion Exchange, and Granular Activated Carbon, with capital costs running from $19 to $46 million depending on the option. Council Member Smith-Esters asked if PFAS levels decline over time. Director Carl stated that unfortunately no; it is a strong compound that will need to be broken apart and pumped out. He also noted that the Mississippi River was tested as well and it shows PFAS levels also. November 15, 2021 Page 8 of 12 Council Member White inquired if there are any other communities that are using any of the stated treatment options. Director Carl reported that he is unaware of any at this time and that the City is ahead of most communities in the fact that we are already doing a pilot study. It is also his hope that funding will become available for future treatment options. Roll Call #15: Ayes: Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 21-4110 Council Member Smith-Esters moved, seconded by Council Member Davis, to approve an agreement for access to City right-of-way by iTV-3, LLC, a wholly owned subsidiary of i3 Broadband LLC to install telecommunications fiber optic cable for high speed broadband in the City’s ROW. The project is slated to be completed in 2 ½ years and they hope to build one mile each week. Wayne Carl, Public Works Director, stated that the company will be providing door hangers with contact information and will be getting a local business office. Roll Call #16: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 21-4111 Council Member Hix moved, seconded by Council Member Cox, to add an additional operational rule to Exhibit B:No alcohol, illegal drugs, cannabis, or dangerous weapons, are allowed on the premises. Roll Call #17: Ayes: Council Members Hix, Dennis, White, Wallace, Davis, and Cox, 6. Nays: None Absent: None Abstain: Council Member Smith-Esters, 1. Chairman declared motion carried. Council Member White moved, seconded by Council Member Davis, to approve a short-term lease agreement between the City of Galesburg and The Salvation Army, an Illinois corporation, for non-exclusive use of Hawthorne Gym as amended. Roll Call #18: Ayes: Council Members Hix, Dennis, White, Wallace, Davis, and Cox, 6. Nays: None Absent: None Abstain: Council Member Smith-Esters, 1. Chairman declared motion carried. November 15, 2021 Page 9 of 12 21-4112 Council Member Smith-Esters moved, seconded by Council Member Davis, to approve a Community Video Program agreement with the City of Galesburg and CGI Communications, Inc. at no cost to the City. Roll Call #19: Ayes: Council Members Hix, Dennis, White, Wallace, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. Consensus of the Council was to sit as the Town Board. Approved by voice vote. TOWN BUSINESS 21-9025 Trustee Smith-Esters moved, seconded by Trustee Davis, to approve Town bills and warrants be drawn in payment of same. Fund Title Amount Town Fund $5,603.98 General Assistance Fund $3,429.90 IMRF Fund $2,400.60 Social Security/Medicare Fund $2,375.51 Liability Fund Audit Fund Total $13,809.99 Roll Call #20: Ayes: Trustees Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. 20-9026 Ordinance on first reading approving the 2021 Property Tax Levy for the Town of the City of Galesburg in the amount of $531,000. 20-9027 Ordinance on first reading approving the Township Budget and Appropriation for the fiscal year beginning January 1, 2022, and ending December 31, 2022, showing the following: General Town Fund $503,230 Audit Fund $9,000 Liability Fund $7,800 Social Security/Medicare Fund $34,000 Illinois Municipal Retirement Fund (IMRF)$34,000 November 15, 2021 Page 10 of 12 General Assistance Fund $467,400 Total Appropriations $1,055,430 Consensus of the Town Board was to sit as the City Council. Approved by voice vote. CLOSING COMMENTS Council Member White suggested that the City put together a group of master gardeners in order to get input for new ordinances to address the terrace planting issue. He is also very pleased to see the City move forward with a warming shelter and that as a man of faith, he feels it is our responsibility to help those who are in need. He also stated that while the Churchill building may be expensive, he believes the kids of our community are worth it. Council Member Smith-Esters invited the public to the new Holly Days lighting ceremony on Friday, November 19th, at 4:30 p.m. She also stated that she is ecstatic about seeing the warming shelter moving ahead. She said that the Salvation Army has a saying, “soap, soup, and Salvation Army.” She hopes this helps those in need and allows the City to walk beside them. She thanked all those who came to the meeting and spoke. Council Member Davis thanked everyone for attending and being passionate about the terrace situation and for trying to be environmentally friendly and take care of the planet. She agrees that all residents need to be treated equally and that the City needs to be transparent and clearly communicate expectations. Council Member Davis stated she is thankful for the warming shelter and for many of the upcoming events and holiday cheer in our community. Council Member Cox added that the City has done many prairie plot restorations such as Inbinder, Kiwanis, Lake Storey, Rotary Park, etc. Council Member Hix asked if the City had looked at Nielsen School which has a cafeteria, gym, sectioned classrooms, and a good amount of ground. He feels it’s in much better shape and that possibly the City would approach District 205 about the option. He also noted that Wessels Park at Hawthorne Center could possibly be used as a butterfly garden and that there would be no blockage of terraces in that location. Council Member Wallace added his appreciation for everyone who attended the meeting and believes that our community does need to be more diverse and that being involved in the community will change the complexion. He stated that the Council is diverse and that his mission is to give back to the community and to young people. Mayor Schwartzman congratulated the organizers of the Veteran’s Day parade and stated that he had two grandfathers who served in wars and he was blessed to have them in his life. He also stated that there are many individuals who are one paycheck away from being homeless and he hopes the shelter is a way to make strides in ending homelessness within five years. November 15, 2021 Page 11 of 12 The Mayor thanked Brother Shabazz for talking about a sensitive subject and reported that the Community Relations Commission will be coming forward with several suggestions focusing on these issues in the near future. The Mayor stated that he met with Bridgeway about the possibility of bringing a recovery home, Oxford House, to our area. He noted that there are 25 in Illinois. The Mayor also thanked Carlos Duncan and his friends and family for attending the meeting to honor him. He was pleased to present a Key to the City, his first, to Carlos as he is so fitting for such an honor. There being no further business, Council Member Dennis, seconded by Council Member Smith-Esters, to adjourn the regular meeting at 8:33 p.m. Roll Call #21: Ayes: Council Members Hix, Dennis, Wallace, White, Smith-Esters, Davis, and Cox, 7. Nays: None Absent: None Chairman declared motion carried. Peter D. Schwartzman, Mayor Kelli R. Bennewitz, City Clerk November 15, 2021 Page 12 of 12 _______________________________________________________________________________________________________________________________________________________________________ Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Resolution authorizing the Mayor to sign the FY 2022 Grant Agreement for the Section 5311 Federal Operating Assistance Grant for the City’s transit program. SUMMARY RECOMMENDATION: The City Manager, Director of Community Development and the Transit Manager recommend that the resolution be approved. BACKGROUND: Each year the City submits a grant application to the Illinois Department of Transportation (IDOT) for funding under the Section 5311 Transit Operating Assistance Program and Downstate Operating Assistance Program (DOAP). These Federal and State funds, respectively, are provided by the Illinois Department of Transportation, Office of Intermodal Project Implementation to assist in funding the operating expenses of the Galesburg public transit and paratransit programs. The transit grant application submitted to IDOT this spring was approved. This Federal program funds up to $304,335 toward operating expenses. Attached is a copy of the Federal grant agreement and resolution for the City Council’s consideration. The resolution authorizes the City to enter into the agreement and the Mayor to sign it. BUDGET IMPACT: If the resolutions are not approved, the grant agreements cannot be executed and there would be a shortfall of up to $304,335 in Federal Funds to cover transit expenses based upon anticipated expenditures and revenues. SUPPORTING DOCUMENTS: 1. Resolution 2.Grant Agreement 21-2035 RESOLUTION NO. ______________ RESOLUTION AUTHORIZING EXECUTION AND AMENMENT OF FEDERAL 5311 GRANT AGREEMENT WHEREAS, the provision of public transit service is essential to the transportation of persons in the non-urbanized area; and WHEREAS, 49 U.S.C. § 5311 (“Section 5311”), makes funds available to the State of Illinois to help offset certain operating deficits and administrative expenses of a system providing public transit service in non-urbanized areas; and WHEREAS, the State of Illinois, acting by and through the Illinois Department of Transportation, is authorized by 30 ILCS 740/3-1 et seq.to provide the Section 5311 grant; and WHEREAS, grants for said funds will impose certain obligations upon the recipient, including the provision by it of the local share of funds necessary to cover costs not covered by funds provided under Section 5311. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS: Section 1. That an application be made to the Office of Intermodal Project Implementation, Department of Transportation, State of Illinois, for a financial assistance grant under Section 5311 for fiscal year 2022 for the purpose of off-setting a portion of the Public Transportation Program operating deficits of the City of Galesburg. Section 2. That while participating in said operating assistance program the City of Galesburg will provide all required local matching funds. Section 3. That the Mayor is hereby authorized and directed to execute and file on behalf of the City of Galesburg such application. Section 4. That the Mayor is authorized to furnish such additional information as may be required by the Office of Intermodal Project Implementation and the Federal Transit Administration in connection with the aforesaid application for said grant. Section 5. That the Mayor is hereby authorized and directed to execute and file on behalf of the City of Galesburg Section 5311 Grant Agreement (“Agreement”) with the Illinois Department of Transportation, and amend such Agreement, if necessary, in order to obtain grant assistance under the provisions of Section 5311 for fiscal year 2022. Section 6. That the Director of Community Development or the Transit Manager of the City of Galesburg are hereby authorized to provide such information and to file such documents as may be required to perform the Agreement and to receive the grant for fiscal year 2022. Approved this _____ day of __________, 20___, by a roll call vote as follows: Roll Call #: ______________________ Ayes: _______________________________________________________________________ Nays: _______________________________________________________________________ Absent: ____________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 1 of 69 INTER-GOVERNMENTAL GRANT AGREEMENT BETWEEN THE STATE OF ILLINOIS, ILLINOIS DEPARTMENT OF TRANSPORTATION AND City of Galesburg The Illinois Department of Transportation (Grantor), with its principal office at 2300 South Dirksen Parkway, Springfield IL. 62764 and __City of Galesburg_______________________________ (Grantee), with its principal office at _____55 W Tompkins St, Galesburg, IL 61401_________ and payment address (if different than principal office) at ___55 W Tompkins St, Galesburg, IL 61401________, hereby enter into this Inter- governmental Grant Agreement (Agreement), pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. Grantor and Grantee are collectively referred to herein as “Parties” or individually as a “Party.” PART ONE – THE UNIFORM TERMS RECITALS WHEREAS, it is the intent of the Parties to perform consistent with all Exhibits and attachments hereto and pursuant to the duties and responsibilities imposed by Grantor under the laws of the state of Illinois and in accordance with the terms, conditions and provisions hereof. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements contained herein, and for other good and valuable consideration, the value, receipt and sufficiency of which are acknowledged, the Parties hereto agree as follows: ARTICLE I AWARD AND GRANTEE-SPECIFIC INFORMATION AND CERTIFICATION 1.1. DUNS Number; SAM Registration; Nature of Entity. Under penalties of perjury, Grantee certifies that 075614834 is Grantee’s correct DUNS Number, that N/A is Grantee’s correct UEI, if applicable, that 376001160 is Grantee’s correct FEIN or Social Security Number, and that Grantee has an active State registration and SAM registration. Grantee is doing business as a (check one): ☐ Individual ☐ Pharmacy-Non-Corporate ☐ Sole Proprietorship ☐ Pharmacy/Funeral Home/Cemetery Corp. ☐ Partnership ☐ Tax Exempt ☐ Corporation (includes Not for Profit) ☐ Limited Liability Company (select ☐ Medical Corporation applicable tax classification) ☐ Governmental Unit ☐ P = partnership ☐ Estate or Trust ☐ C = corporation If Grantee has not received a payment from the state of Illinois in the last two years, Grantee must submit a W -9 tax form with this Agreement. X DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 2 of 69 1.2 Amount of Agreement. Grant Funds (check one) ☐ shall not exceed or ☐ are estimated to be $304,335.00, of which $304,335.00 are federal funds. Grantee agrees to accept Grantor’s payment as specified in the Exhibits and attachments incorporated herein as part of this Agreement 1.3 Identification Numbers. If applicable, the Federal Award Identification Number (FAIN) is IL-2021- 003-00, the federal awarding agency is Federal Transit Administration, and the Federal Award date is 12/1/2020. If applicable, the Assistance Listing Program Title is Formula Grants for Rural Areas and Assistance Listing Number is 20.509. The Catalog of State Financial Assistance (CSFA) Number is 494-80-0338. The State Award Identification Number is 22-0338-29858. 1.4 Term. This Agreement shall be effective on 7/1/2021 and shall expire on 6/30/2022, unless terminated pursuant to this Agreement. 1.5 Certification. Grantee certifies under oath that (1) all representations made in this Agreement are true and correct and (2) all Grant Funds awarded pursuant to this Agreement shall be used only for the purpose(s) described herein. Grantee acknowledges that the Award is made solely upon this certification and that any false statements, misrepresentations, or material omissions shall be the basis for immediate termination of this Agreement and repayment of all Grant Funds. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK X DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 3 of 69 1.6. Signatures. In witness whereof, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. Check if under $250,000. If under $250,000 the Secretary’s signature may be delegated. ILLINOIS DEPARTMENT OF TRANSPORTATION By: ____________________________________ Signature of Omer Osman, P.E., Secretary By:____________ _______________________ Signature of Designee Date: ___________________________ Printed Name: Matt Magalis Printed Title: Acting Director, OIPI Designee By: ____________________________________ Signature of Matt Magalis, Acting Director, OIPI Date: __________________________________ Printed Name: Matt Magalis Printed Title: Acting Director, OIPI By: ____________________________________ Signature of Second Other Approver, if Applicable Date: __________________________________ Printed Name: __________________________ Printed Title: ___________________________ By: ____________________________________ Signature of Third Other Approver, if Applicable Date: __________________________________ Printed Name: __________________________ Printed Title: ____________________________ By: ____________________________________ Signature of Authorized Representative Date: __________________________________ Printed Name: Peter Schwartzman Printed Title: Mayor E-mail: pschwart@ci.galesburg.il.us ______________________________________________ _____________________ IPI_Director_Sign IPI_Designee_Sign IPI_Designee_Date Authorize_Sign IPI_Designee_Date City of Galesburg Authorize_Date IPI_Designee_Sign DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 4 of 69 ARTICLE II REQUIRED REPRESENTATIONS 2.1. Standing and Authority. Grantee warrants that: (a) Grantee is validly existing and in good standing, if applicable, under the laws of the state in which it was incorporated, organized or created. (b) Grantee has the requisite power and authority to execute and deliver this Agreement and all documents to be executed by it in connection with this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby. (c) If Grantee is an agency under the laws of a jurisdiction other than Illinois, Grantee warrants that it is also duly qualified to do business in Illinois and is in good standing with the Illinois Secretary of State. (d) The execution and delivery of this Agreement, and the other documents to be executed by Grantee in connection with this Agreement, and the performance by Grantee of its obligations hereunder have been duly authorized by all necessary entity action. (e) This Agreement and all other documents related to this Agreement, including the Uniform Grant Application, the Exhibits and attachments to which Grantee is a party constitute the legal, valid and binding obligations of Grantee enforceable against Grantee in accordance with their respective terms. 2.2. Compliance with Internal Revenue Code. Grantee certifies that it does and will comply with all provisions of the federal Internal Revenue Code (26 USC 1), th e Illinois Income Tax Act (35 ILCS 5), and all rules promulgated thereunder, including withholding provisions and timely deposits of employee taxes and unemployment insurance taxes. 2.3. Compliance with Federal Funding Accountability and Transparency Act of 20 06. Grantee certifies that it does and will comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA) with respect to Federal Awards greater than or equal to $30,000. A FFATA sub-award report must be filed by the end of the month following the month in which the award was made. 2.4. Compliance with Uniform Grant Rules (2 CFR Part 200). Grantee certifies that it shall adhere to the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements, which are published in Title 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference. See 44 Ill. Admin. Code 7000.120(c)(1)(A). 2.5. Compliance with Registration Requirements. Grantee certifies that it: (i) is registered with the federal SAM; (ii) is in good standing with the Illinois Secretary of State, if applicable; (iii) have a valid DUNS Number; (iv) have a valid UEI, if applicable; and (v) have successfully completed the annual registratio n and prequalification through the Grantee Portal. It is Grantee’s responsibility to remain current with these registrations and requirements. If Grantee’s status with regard to any of these requirements change, or the certifications made in and information provided in the Uniform Grant Application changes, Grantee must notify the Grantor in accordance with ARTICLE XVIII. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 5 of 69 ARTICLE III DEFINITIONS 3.1. Definitions. Capitalized words and phrases used in this Agreement have the following meanings: “2 CFR Part 200” means the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published in Title 2, Part 200 of the Code of Federal Regulations. “Agreement” or “Grant Agreement” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Allocable Costs” means costs allocable to a particular cost objective if the goods or services involved are chargeable or assignable to such cost objective in accordance with relative benefits received or other equitable relationship. Costs allocable to a specific Program may not be shifted to other Programs in order to meet deficiencies caused by overruns or other fund considerations, to avoid rest rictions imposed by law or by the terms of this Agreement, or for other reasons of convenience. “Allowable Costs” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Assistance Listings” has the same meaning as in 2 CFR 200.1. “Assistance Listing Number” has the same meaning as in 2 CFR 200.1 “Assistance Listing Program Title” has the same meaning as in 2 CFR 200.1. “Award” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Budget” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Budget Period” has the same meaning as in 2 CFR 200.1. “Catalog of State Financial Assistance” or “CSFA” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Close-out Report” means a report from the Grantee allowing the Grantor to determine whether all applicable administrative actions and required work have been completed, and therefore closeout actions can commence. “Conflict of Interest” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Consolidated Year-End Financial Report” or “CYFER” means a financial information presentation in which the assets, equity, liabilities, and operating accounts of an entity and its subsidiaries are combined (after eliminating all inter-entity transactions) and shown as belonging to a single reporting entity. “Cost Allocation Plan” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Direct Costs” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Disallowed Costs” has the same meaning as in 44 Ill. Admin. Code 7000.30. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 6 of 69 “DUNS Number” means a unique nine-digit identification number provided by Dun & Bradstreet for each physical location of Grantee’s organization. “FAIN” means the Federal Award Identification Number. “FFATA” or “Federal Funding Accountability and Transparency Act” has the same meaning as in 31 USC 6101; P.L. 110-252. “Financial Assistance” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Fixed-Rate” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Fixed-Rate” is in contrast to fee-for- service, 44 Ill. Admin. Code 7000.30. “GATU” means the Grant Accountability and Transparency Unit of GOMB. “Generally Accepted Accounting Principles” or “GAAP” has the same meaning as in 2 CFR 200.1. “GOMB” means the Illinois Governor’s Office of Management and Budget. “Grant Funds” means the Financial Assistance made available to Grantee through this Agreement. “Grantee Portal” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Improper Payment” has the same meaning as in 2 CFR 200.1. “Indirect Costs” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Indirect Cost Rate” means a device for determining in a reasonable manner the proportion of indirect costs each Program should bear. It is a ratio (expressed as a percentage) of the Indirect Costs to a Direct Cost base. If reimbursement of Indirect Costs is allowable under an Award, Grantor will not reimburse those Indirect Costs unless Grantee has established an Indirect Cost Rate covering the applicable activities and period of tim e, unless Indirect Costs are reimbursed at a fixed rate. “Indirect Cost Rate Proposal” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Net Revenue” means an entity’s total revenue less its operating expenses, interest paid, depreciation, and taxes. “Net Revenue” is synonymous with “Profit.” “Nonprofit Organization” has the same meaning as in 2 CFR 200.1. “Notice of Award” has the same meaning as in 44 Ill. Admin. Code 7000.30. “OMB” has the same meaning as in 44 Ill. Admin. Code 7000 .30. “Obligations” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Period of Performance” has the same meaning as in 2 CFR 200.1. “Prior Approval” has the same meaning as in 44 Ill. Admin. Code 7000.30. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 7 of 69 “Profit” means an entity’s total revenue less its operating expenses, interest paid, depreciation, and taxes. “Profit” is synonymous with “Net Revenue.” “Program” means the services to be provided pursuant to this Agreement. “Program Costs” means all Allowable Costs incurred by Grantee and the value of the contributions made by third parties in accomplishing the objectives of the Award during the Term of this Agreement. “Related Parties” has the meaning set forth in Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 850-10-20. “SAM” means the federal System for Award Management (SAM); which is the federal repository into which an entity must provide information required for the conduct of business as a recipient. 2 CFR 25 Ap pendix A (1)(C)(1). “State” means the State of Illinois. “Term” has the meaning set forth in Paragraph 1.4. “Unallowable Costs” has the same meaning as in 44 Ill. Admin. Code 7000.30. “Unique Entity Identifier” or “UEI” means the unique identifier assigned to the Grantee or to subrecipients by SAM. ARTICLE IV PAYMENT 4.1. Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and subject to the availability of sufficient funds. Grantor may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made available to the Grantor by the State or the federal funding source, (ii) the Governor or Grantor reserves funds, or (iii) the Governor or Grantor determines that funds will not or may not be available for payment. Grantor shall provide notice, in writing, to Grantee of any such funding failure and its election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant to this Section will be effective upon the date of the written notice unless otherwise indicated. 4.2. Pre-Award Costs. Pre-award costs are not permitted unless specifically authorized by the Grantor in Exhibit A, PART TWO or PART THREE of this Agreement. If they are authorized, pre-award costs must be charged to the initial Budget Period of the Award, unless otherwise specified by the Grantor . 2 CFR 200.458. 4.3. Return of Grant Funds. Any Grant Funds remaining that are not expended or legally obligated by Grantee, including those funds obligated pursuant to ARTICLE XVII, at the end of the Agreement period, or in the case of capital improvement Awards at the end of the time period Grant Funds are available for expenditure or obligation, shall be returned to Grantor within forty-five (45) days. A Grantee who is required to reimburse Grant Funds and who enters into a deferred payment plan for the purpose of satisfying a past due debt, shall be required to pay interest on such debt as required by Section 10.2 of the Illinois State Collection Act of 1986. 30 ILCS 210; 44 Ill. Admin. Code 7000.450(c). In addition, as required by 44 Ill. Admin. Code 7000.440(b)(2), unless DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 8 of 69 granted a written extension, Grantee must liquidate all obligations incurred under the Award at the end of the period of performance. 4.4. Cash Management Improvement Act of 1990. Unless notified otherwise in PART TWO or PART THREE, federal funds received under this Agreement shall be managed in accordance with the Cash Management Improvement Act of 1990 (31 USC 6501 et seq.) and any other applicable federal laws or regulations. See 2 CFR 200.305; 44 Ill. Admin. Code 7000.30. 4.5. Payments to Third Parties. Grantee agrees that Grantor shall have no liability to Grantee when Grantor acts in good faith to redirect all or a portion of any Grantee payment to a third part y. Grantor will be deemed to have acted in good faith when it is in possession of information that indicates Grantee authorized Grantor to intercept or redirect payments to a third party or when so ordered by a court of competent jurisdiction. 4.6. Modifications to Estimated Amount. If the Agreement amount is established on an estimated basis, then it may be increased by mutual agreement at any time during the Term. Grantor may decrease the estimated amount of this Agreement at any time during the Term if (i) Grantor believes Grantee will not use the funds during the Term, (ii) Grantor believes Grantee has used funds in a manner that was not authorized by this Agreement, (iii) sufficient funds for this Agreement have not been appropriated or otherwise made avail able to the Grantor by the State or the federal funding source, (iv) the Governor or Grantor reserves funds, or (v) the Governor or Grantor determines that funds will or may not be available for payment. Grantee will be notified, in writing, of any adjustment of the estimated amount of this Agreement. In the event of such reduction, services provided by Grantee under Exhibit A may be reduced accordingly. Grantee shall be paid for work satisfactorily performed prior to the date of the notice regarding adjustment. 2 CFR 200.308. 4.7. Interest. (a) All interest earned on Grant Funds held by a Grantee shall be treated in accordance with 2 CFR 200.305(b)(9), unless otherwise provided in PART TWO or PART THREE. Any amount due shall be remitted annually in accordance with 2 CFR 200.305(b)(9) or to the Grantor, as applicable. (b) Grant Funds shall be placed in an insured account, whenever possible, that bears interest, unless exempted under 2 CFR 200.305(b)(8). 4.8. Timely Billing Required. Grantee must submit any payment request to Grantor within fifteen (15) days of the end of the quarter, unless another billing schedule is specified in PART TWO, PART THREE or Exhibit C. Failure to submit such payment request timely will render the amounts billed an unallowable cost which Grantor cannot reimburse. In the event that Grantee is unable, for good cause, to submit its payment request timely, Grantee shall timely notify Grantor and may request an extension of time to submit the payment request. Grantor’s approval of Grantee’s request for an extension shall not be unreasonably withheld. 4.9. Certification. Pursuant to 2 CFR 200.415, each invoice and report submitted by Grantee (or sub- grantee) must contain the following certification by an official authorized to legally bi nd the Grantee (or sub- grantee): By signing this report [or payment request or both], I certify to the best of my knowledge and belief that the report [or payment request] is true, complete, and accurate; that the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the State DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 9 of 69 or federal pass-through award; and that supporting documentation has been submitted as required by the grant agreement. I acknowledge that approval for any other expenditure described herein shall be considered conditional subject to further review and verification in accordance with the monitoring and records retention provisions of the grant agreement. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; 30 ILCS 708/120). ARTICLE V SCOPE OF GRANT ACTIVITIES/PURPOSE OF GRANT 5.1. Scope of Grant Activities/Purpose of Grant. Grantee will conduct the Grant Activities or provide the services as described in the Exhibits and attachments, including Exhibit A (Project Description) and Exhibit B (Deliverables), incorporated herein and in accordance with all terms and conditions set forth herein and all applicable administrative rules. In addition, the State’s Notice of Award is incorporated herein by reference. All Grantor-specific provisions and programmatic reporting required under this Agreement are described in PART TWO (The Grantor-Specific Terms). All Project-specific provisions and reporting required under this Agreement are described in PART THREE. 5.2. Scope Revisions. Grantee shall obtain Prior Approval from Grantor whenever a Scope revision is necessary for one or more of the reasons enumerated in 2 CFR 200.308. All requests for Scope revisions that require Grantor approval shall be signed by Grantee’s authorized representative a nd submitted to Grantor for approval. Expenditure of funds under a requested revision is prohibited and will not be reimbursed if expended before Grantor gives written approval. See 2 CFR 200.308. 5.3. Specific Conditions. If applicable, specific conditions required after a risk assessment will be included in Exhibit G. Grantee shall adhere to the specific conditions listed therein. ARTICLE VI BUDGET 6.1. Budget. The Budget is a schedule of anticipated grant expenditures that is approved by Grantor for carrying out the purposes of the Award. When Grantee or third parties support a portion of expenses associated with the Award, the Budget includes the non-federal as well as the federal share (and State share if applicable) of grant expenses. The Budget submitted by Grantee at application, or a revised Budget subsequently submitted and approved by Grantor, is considered final and is incorporated herein by reference. 6.2. Budget Revisions. Grantee shall obtain Prior Approval from Grantor whenever a Budget revision is necessary for one or more of the reasons enumerated in 2 CFR 200.308 or 44 Ill. Admin. Code 7000.370(b). All requests for Budget revisions that require Grantor approval shall be signed by Grantee’s authorized representative and submitted to Grantor for approval. Expenditure of funds under a requested revision is prohibited and will not be reimbursed if expended before Grantor gives written approval. 6.3. Discretionary and Non-discretionary Line Item Transfers. Discretionary and non-discretionary line item transfers may only be made in accordance with 2 CFR 200.308 and 44 Ill. Admin. Code 7000.370. Neither DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 10 of 69 discretionary nor non-discretionary line item transfers may result in an increase to the total amount of Grant Funds in the Budget unless Prior Approval is obtained from Grantor. 6.4. Notification. Within thirty (30) calendar days from the date of receipt of the request for Budget revisions, Grantor will review the request and notify Grantee whether the Budget revision has been approved, denied, or the date upon which a decision will be reached. ARTICLE VII ALLOWABLE COSTS 7.1. Allowability of Costs; Cost Allocation Methods. The allowability of costs and cost allocation methods for work performed under this Agreement shall be determined in accordance with 2 CFR 200 Subpart E and Appendices III, IV, and V. 7.2. Indirect Cost Rate Submission. (a) All Grantees must make an Indirect Cost Rate election in the Grantee Portal, even grantees that do not charge or expect to charge Indirect Costs. 44 Ill. Admin. Code 7000.420(d). (i) Waived and de minimis Indirect Cost Rate elections will remain in effect until the Grantee elects a different option. (b) A Grantee must submit an Indirect Cost Rate Proposal in accordance with federal regulations, in a format prescribed by Grantor. For Grantees who have never negotiated an Indirect Cost Rate before, the Indirect Cost Rate Proposal must be submitted for approval no l ater than three months after the effective date of the Award. For Grantees who have previously negotiated an Indirect Cost Rate, the Indirect Cost Rate Proposal must be submitted for approval within 180 days of the Grantee’s fiscal year end, as dictated in the applicable appendices, such as: (i) Appendix V and VII to 2 CFR Part 200 governs Indirect Cost Rate Proposals for state and local governments, (ii) Appendix III to 2 CFR Part 200 governs Indirect Cost Rate Proposals for public and private institutions of higher education, (iii) Appendix IV to 2 CFR Part 200 governs Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations, and (iv) Appendix V to 2 CFR Part 200 governs state/Local Governmentwide Central Service Cost Allocation Plans. (c) A Grantee who has a current, applicable rate negotiated by a cognizant federal agency shall provide to Grantor a copy of its Indirect Cost Rate acceptance letter from the federal government and a copy of all documentation regarding the allocation methodology for costs used to negotiate that rate, e.g., without limitation, the cost policy statement or disclosure narrative statement. Grantor will accept that Indirect Cost Rate, up to any statutory, rule-based or programmatic limit. (d) A Grantee who does not have a current negotiated rate, may elect to charge a de minimis rate of 10% of modified total direct costs which may be used indefinitely. No documentation is required to justify the 10% de minimis Indirect Cost Rate. 2 CFR 200.414(f). 7.3. Transfer of Costs. Cost transfers between Grants, whether as a means to compensate for cost overruns or for other reasons, are unallowable. See 2 CFR 200.451. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 11 of 69 7.4. Higher Education Cost Principles. The federal cost principles that apply to public and private institutions of higher education are set forth in 2 CFR Part 200 Subpart E and Appendix III. 7.5. Government Cost Principles. The federal cost principles that apply to state, local and federally- recognized Indian tribal governments are set forth in 2 CFR Part 200 Subpart E, Appendix V, and Appendix VII. 7.6. Financial Management Standards. The financial management systems of Grantee must meet the following standards: (a) Accounting System. Grantee organizations must have an accounting system that provides accurate, current, and complete disclosure of all financial transactions related to each state- and federally-funded Program. Accounting records must contain information pertaining to state and federal pass-through awards, authorizations, obligations, unobligated balances, assets, outlays, and income. These records must be maintained on a current basis and balanced at least quarterly. Cash contributions to the Program from third parties must be accounted for in the general ledger with other Grant Funds. Third party in-kind (non-cash) contributions are not required to be recorded in the general ledger, but must be under accounting control, possibly through the use of a memorandum ledger. To comply wi th 2 CFR 200.305(b)(7)(i) and 30 ILCS 708/520, Grantee shall use reasonable efforts to ensure that funding streams are delineated within Grantee’s accounting system. See 2 CFR 200.302. (b) Source Documentation. Accounting records must be supported by such source documentation as canceled checks, bank statements, invoices, paid bills, donor letters, time and attendance records, activity reports, travel reports, contractual and consultant agreements, and subaward documentation. All supporting documentation sh ould be clearly identified with the Award and general ledger accounts which are to be charged or credited. (i) The documentation standards for salary charges to grants are prescribed by 2 CFR 200.430, and in the cost principles applicable to the entity’s organ ization (Paragraphs 7.4 through 7.5). (ii) If records do not meet the standards in 2 CFR 200.430, then Grantor may notify Grantee in PART TWO, PART THREE or Exhibit G of the requirement to submit Personnel activity reports. See 2 CFR 200.430(i)(8). Personnel activity reports shall account on an after-the-fact basis for one hundred percent (100%) of the employee's actual time, separately indicating the time spent on the grant, other grants or projects, vacation or sick leave, and administrative time, if applicable. The reports must be signed by the employee, approved by the appropriate official, and coincide with a pay period. These time records should be used to record the distribution of salary costs to the appropriate accounts no less frequently than quarterly. (iii) Formal agreements with independent contractors, such as consultants, must include a description of the services to be performed, the period of performance, the fee and method of payment, an itemization of travel and other costs which are chargeable to t he agreement, and the signatures of both the contractor and an appropriate official of Grantee. (iv) If third party in-kind (non-cash) contributions are used for Grant purposes, the valuation of these contributions must be supported with adequate documentation. (c) Internal Control. Effective control and accountability must be maintained for all cash, real and personal property, and other assets. Grantee must adequately safeguard all such property and must provide assurance that it is used solely for authorized purposes. Grantee must also have systems in DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 12 of 69 place that provide reasonable assurance that the information is accurate, allowable, and compliant with the terms and conditions of this Agreement. 2 CFR 200.303. (d) Budget Control. Records of expenditures must be maintained for each Award by the cost categories of the approved Budget (including indirect costs that are charged to the Award), and actual expenditures are to be compared with Budgeted amounts at least quarterly. (e) Cash Management. Requests for advance payment shall be limited to Grantee's immediate cash needs. Grantee must have written procedures to minimize the time elapsing between the receipt and the disbursement of Grant Funds to avoid having excess funds on hand. 2 CFR 200.305. 7.7. Federal Requirements. All Awards, whether funded in whole or in part with either federal or State funds, are subject to federal requirements and regulations, including but not limited to 2 CFR Part 200, 44 Ill. Admin. Code 7000.30(b) and the Financial Management Standards in Paragraph 7.6. 7.8. Profits. It is not permitted for any person or entity to earn a Profit from an Award. See, e.g., 2 CFR 200.400(g); see also 30 ILCS 708/60(a)(7). 7.9. Management of Program Income. Grantee is encouraged to earn income to defray program costs where appropriate, subject to 2 CFR 200.307. ARTICLE VIII REQUIRED CERTIFICATIONS 8.1. Certifications. Grantee shall be responsible for compliance with the enumerated certifications to the extent that the certifications apply to Grantee. (a) Bribery. Grantee certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which is a matter of record (30 ILCS 500/50-5). (b) Bid Rigging. Grantee certifies that it has not been barred from contracting with a unit of state or local government as a result of a violation of Paragraph 33E -3 or 33E-4 of the Criminal Code of 1961 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4, respectively). (c) Debt to State. Grantee certifies that neither it, nor its affiliate(s), is/are barred from receiving an Award because Grantee, or its affiliate(s), is/are delinquent in the payment of any debt to the State, unless Grantee, or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt, and Grantee acknowledges Grantor may declare the Agreement void if the certification is false (30 ILCS 500/50-11). (d) Educational Loan. Grantee certifies that it is not barred from receiving State agreements as a result of default on an educational loan (5 ILCS 385/1 et seq.). (e) International Boycott. Grantee certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provision of the U.S. Export Administration Act of 1979 (50 USC Appendix 2401 et seq.) or the regulations of the U.S. Department of Commerce promulgated under that Act (15 CFR Parts 730 through 774). DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 13 of 69 (f) Dues and Fees. Grantee certifies that it is not prohibited from receiving an Award because it pays dues or fees on behalf of its employees or agents, or subsidizes or otherwise reimburses them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS 25/1 et seq.). (g) Pro-Children Act. Grantee certifies that it is in compliance with the Pro-Children Act of 2001 in that it prohibits smoking in any portion of its facility used for the provision of health, day care, early childhood development services, education or library services to children under the age of eighteen (18), which services are supported by federal or state government assistance (except such portions of the facilities which are used for inpatient substance abuse treatment) (20 USC 7181-7184). (h) Drug-Free Work Place. If Grantee is not an individual, Grantee certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act. 30 ILCS 580/3. If Grantee is an individual and this Agreement is valued at more than $5,000, Grantee certifies it shall not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance during the performance of the Agreement. 30 ILCS 580/4. Grantee further certifies that it is in compliance with the government-wide requirements for a drug-free workplace as set forth in 41 USC 8102. (i) Motor Voter Law. Grantee certifies that it is in full compliance with the terms and provisions of the National Voter Registration Act of 1993 (52 USC 20501 et seq.). (j) Clean Air Act and Clean Water Act. Grantee certifies that it is in compliance with all applicable standards, order or regulations issued pursuant to the Clean Air Act (42 USC §7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 USC 1251 et seq.). (k) Debarment. Grantee certifies that it is not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal department or agency 2 CFR 200.205(a), or by the State (See 30 ILCS 708/25(6)(G)). (l) Non-procurement Debarment and Suspension. Grantee certifies that it is in compliance with Subpart C of 2 CFR Part 180 as supplemented by 2 CFR Part 376, Subpart C. (m) Grant for the Construction of Fixed Works. Grantee certifies that all Programs for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. In the construction of the Program, Grantee shall comply with the requirements of the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a stipulation to the effect that not less than the prevailing rate of wag es as applicable to the Program shall be paid to all laborers, workers, and mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will guarantee the faithful performance of such prevailing wage clause as provided by contract. (n) Health Insurance Portability and Accountability Act. Grantee certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, and the Social Security Act, 42 USC 1320d-2 through 1320d-7, in that it may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. Grantee shall maintain, for a minimum of six (6) years, all protected health information. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 14 of 69 (o) Criminal Convictions. Grantee certifies that neither it nor any managerial agent of Grantee has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2 felony under Illinois Securities Law of 1953, or that at least five (5) years have passed since the date of the conviction. Grantee further certifies that it is not barred from receiving an Award under 30 ILCS 500/50- 10.5, and acknowledges that Grantor shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). (p) Forced Labor Act. Grantee certifies that it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the State under this Agreement have been or will be produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction (30 ILCS 583). (q) Illinois Use Tax. Grantee certifies in accordance with 30 ILCS 500/50-12 that it is not barred from receiving an Award under this Paragraph. Grantee acknowledges that this Agreement may be declared void if this certification is false. (r) Environmental Protection Act Violations. Grantee certifies in accordance with 30 ILCS 500/50-14 that it is not barred from receiving an Award under this Paragraph. Grantee ack nowledges that this Agreement may be declared void if this certification is false. (s) Goods from Child Labor Act. Grantee certifies that no foreign-made equipment, materials, or supplies furnished to the State under this Agreement have been produced in w hole or in part by the labor of any child under the age of twelve (12) (30 ILCS 584). (t) Federal Funding Accountability and Transparency Act of 2006. Grantee certifies that it is in compliance with the terms and requirements of 31 USC 6101. (u) Illinois Works Review Panel. For Awards made for public works projects, as defined in the Illinois Works Jobs Program Act, Grantee certifies that it and any contractor(s) or sub -contractor(s) that performs work using funds from this Award, shall, upon reasonable n otice, appear before and respond to requests for information from the Illinois Works Review Panel. 30 ILCS 559/20-25(d). ARTICLE IX CRIMINAL DISCLOSURE 9.1. Mandatory Criminal Disclosures. Grantee shall continue to disclose to Grantor all violations of criminal law involving fraud, bribery or gratuity violations potentially affecting this Award. See 30 ILCS 708/40. Additionally, if Grantee receives over $10 million in total Financial Assistance, funded by either State or federal funds, during the period of this Award, Grantee must maintain the currency of information reported to SAM regarding civil, criminal or administrative proceedings as required by 2 CFR 200.113 and Appendix XII of 2 CFR Part 200, and 30 ILCS 708/40. ARTICLE X UNLAWFUL DISCRIMINATION 10.1. Compliance with Nondiscrimination Laws. Both Parties, their employees and subcontractors DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 15 of 69 under subcontract made pursuant to this Agreement, remain compliant with all applicable provisions of st ate and federal laws and regulations pertaining to nondiscrimination, sexual harassment and equal employment opportunity including, but not limited to, the following laws and regulations and all subsequent amendments thereto: (a) The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), including, without limitation, 44 Ill. Admin. Code Part 750, which is incorporated herein; (b) The Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); (c) The United States Civil Rights Act of 1964 (as amended) (42 USC 2000a- and 2000h-6). (See also guidelines to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons [Federal Register: February 18, 2002 (Volume 67, Number 13, Pages 2671-2685)]); (d) Section 504 of the Rehabilitation Act of 1973 (29 USC 794); (e) The Americans with Disabilities Act of 1990 (as amended) (42 USC 12101 et seq.); and (f) The Age Discrimination Act (42 USC 6101 et seq.). ARTICLE XI LOBBYING 11.1. Improper Influence. Grantee certifies that no Grant Funds have been paid or will be paid by or on behalf of Grantee to any person for influencing or attempting to influence an officer or employee of any government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment or modification of any agreement, grant, loan or cooperative agreement. 31 USC 1352. Additionally, Grantee certifies that it has filed the r equired certification under the Byrd Anti-Lobbying Amendment (31 USC 1352), if applicable. 11.2. Federal Form LLL. If any funds, other than federally-appropriated funds, were paid or will be paid to any person for influencing or attempting to influence any of t he above persons in connection with this Agreement, the undersigned must also complete and submit Federal Form LLL, Disclosure of Lobbying Activities Form, in accordance with its instructions. 11.3. Lobbying Costs. Grantee certifies that it is in compliance with the restrictions on lobbying set forth in 2 CFR 200.450. For any Indirect Costs associated with this Agreement, total lobbying costs shall be separately identified in the Program Budget, and thereafter treated as other Unallowable Costs. 11.4. Procurement Lobbying. Grantee warrants and certifies that it and, to the best of its knowledge, its sub-grantees have complied and will comply with Executive Order No. 1 (2007) (EO 1-2007). EO 1-2007 generally prohibits Grantees and subcontractors from hiring the then-serving Governor’s family members to lobby procurement activities of the State, or any other unit of government in Illinois including local governments, if that procurement may result in a contract valued at over $25,000. This prohibition also applies to hir ing for that same purpose any former State employee who had procurement authority at any time during the one -year DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 16 of 69 period preceding the procurement lobbying activity. 11.5. Subawards. Grantee must include the language of this ARTICLE XI in the award documents for any subawards made pursuant to this Award at all tiers. All sub-awardees are also subject to certification and disclosure. Pursuant to Appendix II(I) to 2 CFR Part 200, Grantee shall forward all disclosures by contractors regarding this certification to Grantor. 11.6. Certification. This certification is a material representation of fact upon which reliance was placed to enter into this transaction and is a prerequisite for this transaction, pursuant to 31 USC 1352. Any person who fails to file the required certifications shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. ARTICLE XII MAINTENANCE AND ACCESSIBILITY OF RECORDS; MONITORING 12.1. Records Retention. Grantee shall maintain for three (3) years from the date of submission of the final expenditure report, adequate books, all financial records and, supporting documents, statistical records, and all other records pertinent to this Award, adequate to comply with 2 CFR 200.33 4, unless a different retention period is specified in 2 CFR 200.334 or 44 Ill. Admin. Code 7000.430(a) and (b). If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken. 12.2. Accessibility of Records. Grantee, in compliance with 2 CFR 200.337 and 44 Ill. Admin. Code 7000.430(e), shall make books, records, related papers, supporting documentation and personnel relevant to this Agreement available to authorized Grantor representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, the Grantor’s Inspector General, federal authorities, any person identified in 2 CFR 200.337, and any other person as may be authorized by Grantor (including auditors), by the state of Illinois or by federal statute. Grantee shall cooperate fully in any such audit or inquiry. 12.3. Failure to Maintain Books and Records. Failure to maintain books, records and supporting documentation, as described in this ARTICLE XII, shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. 12.4. Monitoring and Access to Information. Grantee must monitor its activities to assure compliance with applicable state and federal requirements and to assure its performance expectations are being achieved. Grantor shall monitor the activities of Grantee to a ssure compliance with all requirements and performance expectations of the award. Grantee shall timely submit all financial and performance reports, and shall supply, upon Grantor’s request, documents and information relevant to the Award. Grantor may ma ke site visits as warranted by program needs. See 2 CFR 200.329 and 200.332. Additional monitoring requirements may be in PART TWO or PART THREE. ARTICLE XIII FINANCIAL REPORTING REQUIREMENTS 13.1. Required Periodic Financial Reports. Grantee agrees to submit financial reports as requested and, in the format, required by Grantor. Grantee shall file quarterly reports with Grantor describing the expenditure(s) DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 17 of 69 of the funds related thereto, unless more frequent reporting is required by the Grantee pursuant to specific award conditions. 2 CFR 200.208. Unless so specified, the first of such reports shall cover the first three months after the Award begins, and reports must be submitted no later than the due date(s) specified in PART TWO or PART THREE, unless additional information regarding required financial reports is set forth in Exhibit G. Failure to submit the required financial reports may cause a delay or suspension of funding. 30 ILCS 705/1 et seq.; 2 CFR 208(b)(3) and 200.328. Any report required by 30 ILCS 708/125 may be detailed in PART TWO or PART THREE. 13.2. Close-out Reports. (a) Grantee shall submit a Close-out Report no later than the due date specified in PART TWO or PART THREE following the end of the period of performance for this Agreement or Agreement termination. The format of this Close-out Report shall follow a format prescribed by Grantor. 2 CFR 200.344; 44 Ill. Admin. Code 7000.440(b). (b) If an audit or review of Grantee occurs and results in adjustments after Grantee submits a Close-out Report, Grantee will submit a new Close-out Report based on audit adjustments, and immediately submit a refund to Grantor, if applicable. 2 CFR 200.345. 13.3. Effect of Failure to Comply. Failure to comply with reporting requirements shall result in the withholding of funds, the return of Improper Payments or Unallowable Costs, will be considered a material breach of this Agreement and may be the basis to recover Grant Funds. Grantee's f ailure to comply with this ARTICLE XIII, ARTICLE XIV, or ARTICLE XV shall be considered prima facie evidence of a breach and may be admitted as such, without further proof, into evidence in an administrative proceeding before Grantor, or in any other legal proceeding. Grantee should refer to the State of Illinois Grantee Compliance Enforcement System for policy and consequences for failure to comply. 44 Ill. Admin. Code 7000.80. ARTICLE XIV PERFORMANCE REPORTING REQUIREMENTS 14.1. Required Periodic Performance Reports. Grantee agrees to submit Performance Reports as requested and, in the format, required by Grantor. Performance Measures listed in Exhibit E must be reported quarterly, unless otherwise specified in PART TWO, PART THREE or Exhibit G. Unless so specified, the first of such reports shall cover the first three months after the Award begins. If Grantee is not required to report performance quarterly, then Grantee must submit a Performance Report at least annually. Pursuant to 2 CFR 200.208, specific conditions may be imposed requiring Grantee to report more frequently based on the risk assessment or the merit-based review of the application. In such cases, Grantor shall notify Grantee of same in Exhibit G. Pursuant to 2 CFR 200.329 and 44 Ill. Admin. Code 7000.410(b)(2), periodic Performance Reports shall be submitted no later than the due date(s) specified in PART TWO or PART THREE. For certain construction- related Awards, such reports may be exempted as identified in PART TWO or PART THREE. 2 CFR 200.329. Failure to submit such required Performance Reports may cause a delay or suspension of funding. 30 ILCS 705/1 et seq. 14.2. Close-out Performance Reports. Grantee agrees to submit a Close-out Performance Report, in the format required by Grantor, no later than the due date specified in PART TWO or PART THREE following the end of the period of performance or Agreement termination. See 2 CFR 200.344; 44 Ill. Admin. Code 7000.440(b)(1). 14.3. Content of Performance Reports. Pursuant to 2 CFR 200.329(b) and (c) all Performance Reports DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 18 of 69 must relate the financial data and accomplishments to the performance goals and objectives of this Award and also include the following: a comparison of actual accomplishments to the objectives of the award established for the period; where the accomplishments can be quantified, a computation of the cost and demonstration of cost effective practices (e.g., through unit cost data); performance trend data and analysis if required; and reasons why established goals were not met, if appropriate. Appendices may be used to include additional supportive documentation. Additional content and format guidelines for the Performance Report s will be determined by Grantor contingent on the Award’s statutory, regulatory and administrative requirements, and are included in PART TWO or PART THREE of this Agreement. 14.4. Performance Standards. Grantee shall perform in accordance with the Performance Standards set forth in Exhibit F. See 2 CFR 200.301 and 200.210. ARTICLE XV AUDIT REQUIREMENTS 15.1. Audits. Grantee shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200, and the audit rules and policies set forth by the Governor’s Office of Management and Budget. See 30 ILCS 708/65(c); 44 Ill. Admin. Code 7000.90. 15.2. Consolidated Year-End Financial Reports (CYEFR). All grantees are required to complete and submit a CYEFR through the Grantee Portal. The CYEFR is a required schedule in the Grantee’s audit report if the Grantee is required to complete and submit an audit report as set forth herein. (a) This Paragraph 15.2 applies to all Grantees, unless exempted pursuant to a federal or state statute or regulation, which is identified in PART TWO or PART THREE. (b) The CYEFR must cover the same period as the Audited Financial Statements, if required, and must be submitted in accordance with the audit schedule at 44 Ill. Admin. Code 7000.90. If Audited Financial Statements are not required, however, then the CYEFR must cover the Grantee’s fiscal year and must be submitted within 6 months of the Grantee’s fiscal year-end. (c) CYEFRs must include an in relation to opinion from the auditor of the financial statements included in the CYEFR. (d) CYEFRs shall follow a format prescribed by Grantor. 15.3. Audit Requirements. (a) Single and Program-Specific Audits. If, during its fiscal year, Grantee expends $750,000 or more in Federal Awards (direct federal and federal pass-through awards combined), Grantee must have a single audit or program-specific audit conducted for that year as required by 2 CFR 200.501 and other applicable sections of Subpart F of 2 CFR Part 200. The audit report packet must be completed as described in 2 CFR 200.512 (single audit) or 2 CFR 200.507 (program-specific audit), 44 Ill. Admin. Code 7000.90(h)(1) and the current GATA audit manual and submitted to the Federal Audit Clearinghouse, as required by 2 CFR 200.512. The results of peer and external quality control reviews, management letters, AU-C 265 communications and the Consolidated Year -End Financial Report(s) must be submitted to the Grantee Portal. The due date of all required submissions set forth in this Paragraph is the earlier of (i) 30 calendar days after receipt of the auditor’s report(s) or (ii) nine (9) months after the end of the Grantee’s audit period. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 19 of 69 (b) Financial Statement Audit. If, during its fiscal year, Grantee expends less than $750,000 in Federal Awards, Grantee is subject to the following audit requirements: (i) If, during its fiscal year, Grantee expends $500,000 or more in Federal and state Awards, singularly or in any combination, from all sources, Grantee must have a financial statement audit conducted in accordance with the Generally Accepted Government Auditing Standards (GAGAS). Grantee may be subject to additional requirements in PART TWO, PART THREE or Exhibit G based on the Grantee’s risk profile. (ii) If, during its fiscal year, Grantee expends less than $500,000 in Federal and state Awards, singularly or in any combination, from all sources, but expends $300,000 or more in Federal and state Awards, singularly or in any combination, from all sources, Grantee must have a financial statement audit conducted in accordance with the Generally Accepted Auditing Standards (GAAS). (iii) If Grantee is a Local Education Agency (as defined in 34 CFR 77.1), Grantee shall have a financial statement audit conducted in accordance with GAGAS, as required by 23 Ill. Admin. Code 100.110, regardless of the dollar amount of expenditures of Federal and state Awards. (iv) If Grantee does not meet the requirements in subsections 15.3(a) and 15.3(b)(i- iii) but is required to have a financial statement audit conducted based on other regulatory requirements, Grantee must submit those audits for review. (v) Grantee must submit its financial statement audit report packet, as set forth in 44 Ill. Admin. Code 7000.90(h)(2) and the current GATA audit manual, to the Grantee Portal within the earlier of (i) 30 calendar days after receipt of the auditor’s report(s) or (ii) 6 months after the end of the Grantee’s audit period. 15.4. Performance of Audits. For those organizations required to submit an independent audit report, the audit is to be conducted by the Illinois Auditor General, or a Certified Public Accountant or Certified Public Accounting Firm licensed in the state of Illinois or in accordance with Section 5.2 of the Illinois Public Accounting Act (225 ILCS 450/5.2). For all audits required to be performed subject to Generally Accepted Government Auditing standards or Generally Accepted Auditing standards, Grantee shall request and maintain on file a copy of the auditor’s most recent peer review report and acceptance letter. Grantee shall follow procedures prescribed by Grantor for the preparation and submission of audit reports and any related documents. 15.5. Delinquent Reports. Notwithstanding anything herein to the contrary, when such reports or statements required under this section are prepared by the Illinois Auditor General, if they are not available by the above-specified due date, they will be provided to Grantor within thirty (30) days of becoming availab le. Otherwise, Grantee should refer to the State of Illinois Grantee Compliance Enforcement System for the policy and consequences for late reporting. 44 Ill. Admin. Code 7000.80. ARTICLE XVI TERMINATION; SUSPENSION; NON-COMPLIANCE 16.1. Termination. (a) This Agreement may be terminated, in whole or in part, by either Party for any or no reason upon thirty (30) calendar days’ prior written notice to the other Party. If terminated by the Grantee, Grantee must include the reasons for such termination, the effective date, and, in the case of a DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 20 of 69 partial termination, the portion to be terminated. If Grantor determines in the case of a partial termination that the reduced or modified portion of the Award will not accomplish the purposes for which the Award was made, Grantor may terminate the Agreement in its entirety. 2 CFR 200.340(a)(4). (b) This Agreement may be terminated, in whole or in part, by Grantor without advance notice: (i) Pursuant to a funding failure under Paragraph 4.1; (ii) If Grantee fails to comply with the terms and conditions of this or any Award, application or proposal, including any applicable rules or regulations, or has made a false representation in connection with the receipt of this or any Grant; (iii) If the Award no longer effectuates the program goals or agency priorities as set forth in Exhibit A, PART TWO or PART THREE; or (iv) If Grantee breaches this Agreement and either (1) fails to cure such breach within 15 calendar days’ written notice thereof, or (2) if such cure would require longer than 15 calendar days and the Grantee has failed to commence such cure within 15 calendar days’ written notice thereof. In the event that Grantor terminates this Agreement as a result of the breach of the Agreement by Grantee, Grantee shall be paid for work satisfactorily performed prior to the date of termination. 16.2. Suspension. Grantor may suspend this Agreement, in whole or in part, pursuant to a funding failure under Paragraph 4.1 or if the Grantee fails to comply with terms and conditions of this or any Award. If suspension is due to Grantee’s failure to comply, Grantor may withhold further payment and prohibit Grantee from incurring additional obligations pending corrective action by Grantee or a decision to terminate this Agreement by Grantor. Grantor may determine to allow necessary and proper costs that Grantee could not reasonably avoid during the period of suspension. 16.3. Non-compliance. If Grantee fails to comply with the U.S. Constitution, applicable statutes, regulations or the terms and conditions of this or any Award, Grantor may impose additional conditions on Grantee, as described in 2 CFR 200.208. If Grantor determines that non -compliance cannot be remedied by imposing additional conditions, Grantor may take one or more of the actions described in 2 CFR 200.339. The Parties shall follow all Grantor policies and procedures regarding non -compliance, including, but not limited to, the procedures set forth in the State of Illinois Grantee Compliance Enforcement System. 44 Ill. Admin. Code 7000.80 and 7000.260. 16.4. Objection. If Grantor suspends or terminates this Agreement, in whole or in part, for cause, or takes any other action in response to Grantee’s non -compliance, Grantee may avail itself of any opportunities to object and challenge such suspension, termination or other action by Grantor in accordance with any applicable processes and procedures, including, but not limited to, the procedures set forth in the State of Illinois Grantee Compliance Enforcement System. 2 CFR 200.342; 44 Ill. Admin. Code 7000.80 and 7000.260. 16.5. Effects of Suspension and Termination. (a) Grantor may credit Grantee for expenditures incurred in the performance of authorized services under this Agreement prior to the effective date of a suspension or termination. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 21 of 69 (b) Grantee shall not incur any costs or obligations that require the use of these Grant Funds after the effective date of a suspension or termination, and shall cancel as many outstanding obligations as possible. (c) Costs to Grantee resulting from obligations incurred by Grantee during a suspension or after termination of the Agreement are not allowable unless: (i) Grantor expressly authorizes them in the notice of suspension or termination; and (ii) The costs result from obligations properly incurred before the effective date of suspension or termination, are not in anticipation of the suspension or termination, and the costs would be allowable if the Agreement was not suspended or terminated. 2 CFR 200.34 3. 16.6. Close-out of Terminated Agreements. If this Agreement is terminated, in whole or in part, the Parties shall comply with all close-out and post-termination requirements of this Agreement. 2 CFR 200.340(d). ARTICLE XVII SUBCONTRACTS/SUB-GRANTS 17.1. Sub-recipients/Delegation. Grantee may not subcontract nor sub-grant any portion of this Agreement nor delegate any duties hereunder without Prior Approval of Grantor. The requirement for Prior Approval is satisfied if the subcontractor or sub-grantee has been identified in the Uniform Grant Application, such as, without limitation, a Project Description, and Grantor has approved. Grantee must notify any potential sub-recipient that the sub-recipient shall obtain and provide to the Grantee a Unique Entity Identifier prior to receiving a subaward. 2 CFR 25.300. 17.2. Application of Terms. Grantee shall advise any sub-grantee of funds awarded through this Agreement of the requirements imposed on them by federal and state laws and regulations, and the provisions of this Agreement. In all agreements between Grantee and its sub-grantees, Grantee shall insert term(s) that requires that all sub-grantees adhere to the terms of this Agreement. The terms of this Agreement shall apply to all subawards authorized in accordance with Paragraph 17.1. 2 CFR 200.101(b)(2). 17.3. Liability as Guaranty. Grantee shall be liable as guarantor for any Grant Funds it obligates to a sub-grantee or sub-contractor pursuant to Paragraph 17.1 in the event the Grantor determines the funds were either misspent or are being improperly held and the sub -grantee or sub-contractor is insolvent or otherwise fails to return the funds. 2 CFR 200.345; 30 ILCS 705/6; 44 Ill. Admin. Code 7000.450(a). ARTICLE XVIII NOTICE OF CHANGE 18.1. Notice of Change. Grantee shall notify the Grantor if there is a change in Grantee’s legal status, federal employer identification number (FEIN), DUNS Number, UEI, SAM registration status, Related Parties, or address. See 30 ILCS 708/60(a). If the change is anticipated, Grantee shall give thirty (30) days’ prior written notice to Grantor. If the change is unanticipated, Grantee shall give notice as soon as practicable thereafte r. Grantor reserves the right to take any and all appropriate action as a result of such change(s). DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 22 of 69 18.2. Failure to Provide Notification. To the extent permitted by Illinois law, Grantee shall hold harmless Grantor for any acts or omissions of Grantor result ing from Grantee’s failure to notify Grantor of these changes. 18.3. Notice of Impact. Grantee shall immediately notify Grantor of any event that may have a material impact on Grantee’s ability to perform this Agreement. 18.4. Circumstances Affecting Performance; Notice. In the event Grantee becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on Grantee’s ability to perform under this Agreement, Grantee shall notify Grantor, in writing, within five (5) calendar days of determining such litigation or transaction may reasonably be considered to have a material impact on the Grantee’s ability to perform under this Agreement. 18.5. Effect of Failure to Provide Notice. Failure to provide the notice described in Paragraph 18.4 shall be grounds for immediate termination of this Agreement and any costs incurred aft er notice should have been given shall be disallowed. ARTICLE XIX STRUCTURAL REORGANIZATION 19.1. Effect of Reorganization. Grantee acknowledges that this Agreement is made by and between Grantor and Grantee, as Grantee is currently organized and constituted. No promise or undertaking made hereunder is an assurance that Grantor agrees to continue this Agreement, or any license related thereto, should Grantee significantly reorganize or otherwise substantially change the character of its corporate structure, business structure or governance structure. Grantee agrees that it will give Grantor prior notice of any such action or changes significantly affecting its overall structure, and will provide any and all reasonable documentation necessary for Grantor to review the proposed transaction including financial records and corporate and shareholder minutes of any corporation which may be involved. This ARTICLE XIX does not require Grantee to report on minor changes in the makeup of its governance structure. Nevertheless, PART TWO or PART THREE may impose further restrictions. Failure to comply with this ARTICLE XIX shall constitute a material breach of this Agreement. ARTICLE XX AGREEMENTS WITH OTHER STATE AGENCIES 20.1. Copies upon Request. Grantee shall, upon request by Grantor, provide Grantor with copies of contracts or other agreements to which Grantee is a party with any other State agency. ARTICLE XXI CONFLICT OF INTEREST 21.1. Required Disclosures. Grantee must immediately disclose in writing any potential or actual Conflict of Interest to the Grantor. 2 CFR 200.113 and 30 ILCS 708/35. 21.2. Prohibited Payments. Grantee agrees that payments made by Grantor under this Agreement will not be used to compensate, directly or indirectly, any person currently holding an elective office in this State DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 23 of 69 including, but not limited to, a seat in the General Assembly. In add ition, where the Grantee is not an instrumentality of the State of Illinois, as described in this Paragraph, Grantee agrees that payments made by Grantor under this Agreement will not be used to compensate, directly or indirectly, any person employed by an office or agency of the state of Illinois whose annual compensation is in excess of sixty percent (60%) of the Governor’s annual salary, or $106,447.20 (30 ILCS 500/50-13). An instrumentality of the State of Illinois includes, without limitation, State departments, agencies, boards, and State universities. An instrumentality of the State of Illinois does not include, without limitation, municipalities and units of local government and related entities. 2 CFR 200.64. 21.3. Request for Exemption. Grantee may request written approval from Grantor for an exemption from Paragraph 21.2. Grantee acknowledges that Grantor is under no obligation to provide such exemption and that Grantor may, if an exemption is granted, grant such exemption subject to such additional terms and conditions as Grantor may require. ARTICLE XXII EQUIPMENT OR PROPERTY 22.1. Transfer of Equipment. Grantor shall have the right to require that Grantee transfer to Grantor any equipment, including title thereto, purchased in whole or in part with Grantor funds, if Grant or determines that Grantee has not met the conditions of 2 CFR 200.439. Grantor shall notify Grantee in writing should Grantor require the transfer of such equipment. Upon such notification by Grantor, and upon receipt or delivery of such equipment by Grantor, Grantee will be deemed to have transferred the equipment to Grantor as if Grantee had executed a bill of sale therefor. 22.2. Prohibition against Disposition/Encumbrance. The Grantee is prohibited from, and may not sell, transfer, encumber (other than original financing) or otherwise dispose of said equipment, material, or real property during the Grant Term without Prior Approval of Grantor. Any real property acquired using Grant Funds must comply with the requirements of 2 CFR 200.311. 22.3. Equipment and Procurement. Grantee must comply with the uniform standards set forth in 2 CFR 200.310–200.316 governing the management and disposition of property which cost was supported by Grant Funds. Any waiver from such compliance must be granted by either the President’s Office of Management and Budget, the Governor’s Office of Management and Budget, or both, depending on the source of the Grant Funds used. Additionally, Grantee must comply with the standards set forth in 2 CFR 200.317 -200.326 for use in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Grant Funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable federal and state statutes and executive orders. 22.4. Equipment Instructions. Grantee must obtain disposition instructions from Grantor when equipment, purchased in whole or in part with Grant Funds, are no longer needed for their original purpose. Notwithstanding anything to the contrary contained within this Agreement, Grantor may require transfer of any equipment to Grantor or a third party for any reason, including, without limitation, if Grantor terminates the Award or Grantee no longer conducts Award activities. The Grantee shall properly maintain, track, use, store and ensure the equipment according to applicable best practices, manufacturer’s guidelines, federal and state laws or rules, and Grantor requirements stated herein. 22.5. Domestic Preferences for Procurements. In accordance with 2 CFR 200.322, as appropriate and DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 24 of 69 to the extent consistent with law, the Grantee should, to the greatest extent practicable under this Award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this paragraph must be included in all subawards and in all contracts and purchase orders for work or products under this Award. ARTICLE XXIII PROMOTIONAL MATERIALS; PRIOR NOTIFICATION 23.1. Publications, Announcements, etc. Use of Grant Funds for promotions is subject to the prohibitions for advertising or public relations costs in 2 CFR 200.421(e). In the event that Grantor funds are used in whole or in part to produce any written publications, announcements, reports, flyers, brochures or other written materials, Grantee shall obtain Prior Approval for the use of those funds (2 CFR 200.467) and agrees to include in these publications, announcements, reports, flyers, brochures and all other such material, the phrase “Funding provided in whole or in part by the [Grantor].” Exceptions to this requirement must be requested, in writing, from Grantor and will be considered authorized only upon written notice thereof to Grantee. 23.2. Prior Notification/Release of Information. Grantee agrees to notify Grantor ten (10) days prior to issuing public announcements or press releases concerning work performed pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Gran tor in joint or coordinated releases of information. ARTICLE XXIV INSURANCE 24.1. Maintenance of Insurance. Grantee shall maintain in full force and effect during the Term of this Agreement casualty and bodily injury insurance, as well as insurance sufficient to cover the replacement cost of any and all real or personal property, or both, purchased or, otherwise acquired, or improved in whole or in part, with funds disbursed pursuant to this Agreement. 2 CFR 200.310. Additional insurance requirements may be detailed in PART TWO or PART THREE. 24.2. Claims. If a claim is submitted for real or personal property, or both, purchased in whole with funds from this Agreement and such claim results in the recovery of money, such money recovered shall be surrendered to Grantor. ARTICLE XXV LAWSUITS 25.1. Independent Contractor. Neither Grantee nor any employee or agent of Grantee acquires any employment rights with Grantor by virtue of this Agreement. Grantee will provide the agreed services and achieve the specified results free from the direction or control of Grantor as to the means and methods of performance. Grantee will be required to provide its own equipment and supplies necessary to conduct its business; provided, however, that in the event, for its convenience or otherwise, Grantor makes any such equipment or supplies available to Grantee, Grantee’s use of such equipment or supp lies provided by Grantor pursuant to this Agreement shall be strictly limited to official Grantor or state of Illinois business and not for any other purpose, including any personal benefit or gain. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 25 of 69 25.2. Liability. Neither Party shall be liable for actions chargeable to the other Party under this Agreement including, but not limited to, the negligent acts and omissions of Party’s agents, employees or subcontractors in the performance of their duties as described under this Agreement, unless such liability is imposed by law. This Agreement shall not be construed as seeking to enlarge or diminish any obligation or duty owed by one Party against the other or against a third party. ARTICLE XXVI MISCELLANEOUS 26.1. Gift Ban. Grantee is prohibited from giving gifts to State employees pursuant to the State Officials and Employees Ethics Act (5 ILCS 430/10-10) and Executive Order 15-09. 26.2. Access to Internet. Grantee must have Internet access. Internet access may be either dial-up or high-speed. Grantee must maintain, at a minimum, one business e-mail address that will be the primary receiving point for all e-mail correspondence from Grantor. Grantee may list additional e-mail addresses at any time during the Term of this Agreement. The additional addresses may be for a specific department or division of Grantee or for specific employees of Grantee. Grantee must notify Grantor of any e-mail address changes within five (5) business days from the effective date of the change. 26.3. Exhibits and Attachments. Exhibits A through G, PART TWO, PART THREE, if applicable, and all other exhibits and attachments hereto are incorporated herein in their entirety. 26.4. Assignment Prohibited. Grantee acknowledges that this Agreement may not be sold, assigned, or transferred in any manner by Grantee, to include an assignment of Grantee’s rights to receive payment hereunder, and that any actual or attempted sale, assignment, or transfer by Grantee without the Prior Approval of Grantor in writing shall render this Agreement null, void and of no further effect. 26.5. Amendments. This Agreement may be modified or amended at any time during its Term by mutual consent of the Parties, expressed in writing and signed by the Parties. 26.6. Severability. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 26.7. No Waiver. No failure of either Party to assert any right or remedy hereunder will act as a waiver of either Party’s right to assert such right or remedy at a later time or constitute a course of business upon which either Party may rely for the purpose of denial of such a right or remedy. 26.8. Applicable Law; Claims. This Agreement and all subsequent amendments thereto, if any, shall be governed and construed in accordance with the laws of the state of Illinois. Any claim against Grantor arising out of this Agreement must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1 et seq. Grantor does not waive sovereign immunity by entering into this Agreement. 26.9. Compliance with Law. This Agreement and Grantee’s obligations and services hereunder are hereby made and must be performed in compliance with all applicable federal and State laws, including, without limitation, federal regulations, State administrative rules, including 44 Ill. Admin. Code 7000, and any and all license requirements or professional certification provisions. 26.10. Compliance with Confidentiality Laws. If applicable, Grantee shall comply with applicable state DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 26 of 69 and federal statutes, federal regulations and Grantor administrative rules regarding confidential records or other information obtained by Grantee concerning persons served under this Agreement. The records and information shall be protected by Grantee from unauthorized disclosure. 26.11. Compliance with Freedom of Information Act. Upon request, Grantee shall make available to Grantor all documents in its possession that Grantor deems necessary to comply with requests made under the Freedom of Information Act. (5 ILCS 140/7(2)). 26.12. Precedence. (a) Except as set forth in subparagraph (b), below, the following rules of precedence are controlling for this Agreement: In the event there is a conflict between this Agreement and any of the exhibits or attachments hereto, this Agreement shall control. In the event there is a conflict between PART ONE and PART TWO or PART THREE of this Agreement, PART ONE shall control. In the event there is a conflict between PART TWO and PART THREE of this Agreement, PART TWO shall control. In the event there is a conflict between this Agreement and relevant statute(s) or rule(s), the relevant statute(s) or rule(s) shall control. (b) Notwithstanding the provisions in subparagraph (a), above, if a relevant federal or state statute(s) or rule(s) requires an exception to this Agreement’s provisions, or an exception to a requirement in this Agreement is granted by GATU, such exceptions must be noted in PART TWO or PART THREE, and in such cases, those requirements control. 26.13. Illinois Grant Funds Recovery Act. In the event of a conflict between the Illinois Grant Funds Recovery Act and the Grant Accountability and Transparency Act, the provisions of the Grant Accountability and Transparency Act shall control. 30 ILCS 708/80. 26.14. Headings. Article and other headings contained in this Agreement are for reference purposes only and are not intended to define or limit the scope, extent or intent of this Agreement or any provision hereof. 26.15. Entire Agreement. Grantee and Grantor acknowledge that this Agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited, incorporated or referenced herein, including prior agreements or oral discussions, shall be binding upon either Grantee or Grantor. 26.16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be considered to be one and the same agreement, binding on all Parties hereto, notwithstanding that all Parties are not signatories to the same counterpart. Duplicated signatures, signatures transmitted via facsimile, or signatures contained in a Portable Document Format (PDF) document shall be deemed original for all purposes. 26.17. Attorney Fees and Costs. Unless prohibited by law, if Grantor prevails in any proceeding to enforce the terms of this Agreement, including any administrative hearing pursuant to the Grant Funds Recovery Act or the Grant Accountability and Transparency Act, the Grantor has the right to recover reasonable attorneys’ fees, costs and expenses associated with such proceedings. 26.18. Continuing Responsibilities. The termination or expiration of this Agreement does not affect: (a) the right of the Grantor to disallow costs and recover funds based on a later audit or other review; (b) the obligation of the Grantee to return any funds due as a result of later refunds, corrections or other transactions, including, without limitation, final Indirect Cost Rate adjustments and those funds obligated pursuant to ARTICLE XVII; (c) the Consolidated Year-End Financial Report; (d) audit requirements established in ARTICLE XV; (e) DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 27 of 69 property management and disposition requirements established in 2 CFR 200.310 through 2 CFR 200.316 and ARTICLE XXII; or (f) records related requirements pursuant to ARTICLE XII. 44 Ill. Admin. Code 7000.450. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 28 of 69 EXHIBIT A PROJECT DESCRIPTION CSFA Number NOSA/SAIN Number GATA Registration Number 494-80-0338 22-0338-29858 676834 The Grantee proposes to provide public transportation services in a Non-Urbanized area(s) of Illinois (herein referred to as the “Project”), as described in the Grantee’s final approved application which is incorporated herein by reference. The Grantor has applied under Section 5311 of the Federal Transit Act, as amended, (49 U.S.C. Section 5311), to the Federal Transit Administration (hereinafter "FTA") for federal operating, capital and administrative assistance for this Project. The Grantor's application has been approved by FTA. The Grantee represents that it is an eligible recipient and has made application to the Grantor for a public transportation grant under the provisions of Illinois Compiled Statutes 20 ILCS 2705, et seq. and 30 ILCS 740/1 et seq. (hereinafter referred to as the "Acts"). The Grantee’s final application, including subsequent submittals, information, and documentation, as provided by the Grantee in support thereof, has been approved by the Grantor. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 29 of 69 EXHIBIT B DELIVERABLES OR MILESTONES A. The Grantee shall generate and maintain required local match sufficient to draw down the 5311 funds in this Agreement. B. The Grantee shall file accurate quarterly reports, reflecting actual revenue and expense data 30 days after the end of the quarter. C. On or before August 1, the Grantee shall submit its annual Ridership Report (OP-9) for the fiscal year. D. No later than 180 days following the last day of the fiscal year, the Grantee shall provide the Grantor with an independent audit prepared by a licensed certified public accountant in accordance with Illinois Administrative Code Title 92, Chapter I, Subchapter h, Part 651. E. Submission of cost allocations plans (if applicable.) F. Submission of the Public Transportation Service Plan (PTSP) (annual). a. Including 5-Year Forecast. G. Submission of Compliance Review Action Plan Accomplishments (if applicable). H. Submission of National Transit Data Base Report (annual). I. Submission of PCOM report (quarterly). J. Submission of Capital Needs Assessment (annual). K. Submission of Non-DOAP Local Match Survey (annual). L. Submission of Procurement Notifications (as they occur). M. Submission of Disadvantaged Business Enterprises Letter (as they occur). N. Submission of Charter Service Letter (as they occur). O. Submission of Procurement Concurrence Request (as they occur). DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 30 of 69 EXHIBIT C PAYMENT Grantee shall receive $304,335.00 under this Agreement. Enter specific terms of payment here: Grantee understands and accepts that it will disburse its Indirect Costs separately from its Direct Costs in accordance with its approved Indirect Cost Rate. Grantee further understands and accepts that, within three (3) months after execution of the Agreement, Grantee will submit updated, separate Budgets: one to reflect Grantee’s costs; and a Budget to reflect costs incurred by each sub-recipient Grantee utilizes to accomplish the project goals and objectives of this Agreement. REQUISITIONS AND PAYMENTS A. Requests for Payment by the Grantee - The Grantee must submit written quarterly requisitions for the reimbursement of eligible costs, and the Grantor will honor any properly submitted requests in the manner set forth in this Requisitions and Payments section. In order to receive Grant payments pursuant to this Agreement, the Grantee must: 1. complete, execute and submit to the Grantor requisition forms supplied by the Grantor in accordance with the instructions contained therein; 2. submit to the Grantor, as requested, an explanation of the purposes for which costs have been incurred to date or are reasonably expected to be incurred within the requisition period and vouchers, invoices, or other documentation, satisfactory to the Grantor, to substantiate these costs; 3. where local funds are required, demonstrate or certify that the Grantee has supplied local funds adequate , when combined with any Government payments, to cover all costs incurred through the end of the requisition period; 4. have submitted all financial, progress reports, and performance data currently required by the Grantor; and 5. have received approval by the Grantor for all budget amendments required to cover all costs to be incurred through the end of the requisition period. 6. Quarterly requisitions of the actual operating expenditures and deficit incurred during the quarter for reimbursement pursuant to this Agreement shall be submitted to the Grantor within thirty (30) days following the close of the quarter. A fourth quarter requisition of the actual operating expenditures and deficit incurred during the quarter shall be submitted to the Grantor by August 1. B. Payment by the Grantor - Only costs incurred in accordance with the terms and conditions of this Agreement shall be reimbursable. Upon receipt of the requisition form and the accompanying information in form satisfactory to the Grantor, the Grantor will process the requisition, provided that the Grantee is not in violation of any of the terms of this Agreement, has satisfied the Grantor of its need for the funds requested during the requisition period, and is making progress, satisfactory to the Grantor, towards the timely completion of the Project. If all of DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 31 of 69 these circumstances are found to exist, the Grantor will reimburse apparent eligible costs incurred or to be incurred during the requisition period) by the Grantee, from time to time, but not in excess of the maximum amount of the Grant provided in the Project Budget section in PART THREE below. Requisitions must be submitted at least quarterly, but no more frequently than monthly. Reimbursement of any cost pursuant to this Agreement shall not constitute a final determination by the Grantor of the eligibility of such cost, and such payment shall not constitute a waiver of any violation of the terms of this Agreement committed by the Grantee. The Grantor will review the Grantee’s independent audit and make a final determination as to eligibility of any payments made to Grantee only after the independent audit has been approved by the Grantor. In the event the Grantor determines that the Grantee is not currently eligible to receive any or al l of the funds requested, it shall promptly notify the Grantee stating the reasons for such determination. C. Eligible Costs - In addition to the other requirements of this Agreement, to be considered “eligible” for payment purposes, the costs and charges for which reimbursement has been sought must have been actually incurred by the Grantee or its contractors; be documented to the satisfaction of the Grantor; meet the criteria set forth in the applicable provisions of the Grantor’s 5310/5311 Grants Management Manual, as revised from time to time; and meet all of the requirements set forth below: 1. be made in conformance with Grantee’s final, approved application and the approved Uniform Budget and all other provisions of this Agreement; 2. be necessary in order to accomplish the Project; 3. be reasonable in amount for the goods or services purchased; 4. be actual net costs incurred by the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by or credited to the Grantee that have the effect of reducing the cost actually incurred); 5. be incurred within the state fiscal year governed by this Agreement; and 6. be treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Grantor for the Grantee. Those principles include, but are not limited to, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR part 1201. The Grantee shall apply said accounting principles and procedures to its contracts and subcontracts paid, in whole or in part, with funds received pursuant to this Agreement; However, in the event that it may be impractical to determine exact costs of indirect or service functions, eligible costs will include such allowances for these costs as may be approved by the Grantor. D. Ineligible Costs - In determining the eligibility for reimbursement of any cost incurred by the Grantee, in addition to ineligible costs set forth in federal law and its corresponding rules, the Grantor will exclude: (i) costs that are not properly documented, actually incurred for the Project, or not allocable to the Project in accordance with the requirements of this Agreement; (ii) all Project costs incurred by the Grantee prior to or after the state fiscal year identified in the Project Budget section in PART THREE of this Agreement or other date specifically authorized by the Grantor; (iii) costs incurred by the Grantee which are not provided for in the latest approved Uniform Budget; and (iv) except as otherwise provided in Grantor guidelines, costs attributable to goods or services received under a contract or other arrangement which has not been concurred in or approved in writing by the Grantor. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 32 of 69 E. Excluded Costs – Upon notification to the Grantee that specific amounts are owed to the Government, whether for federal claims or state claims for funds recovered from a third party or elsewhere, for excess payments, or for ineligible costs, the Grantee agrees to remit to the Government promptly the amount owed, including any interest due. The Grantee agrees that the amount of interest due depends on whether or not the principal portion of the debt is treated as a Government claim or is treated as a debt owed to the Government. Thus, the Grantee agrees to remit interest to the Government in accordance with the following: 1. For claims pursuant to the Debt Collection Act of 1982, as amended, 31 U.S.C. §§ 3701 et seq., the Grantee agrees that the interest will be calculated in accordance with the provisions of joint U.S. Treasury/U.S. DOJ regulations, “Standards for the Administrative Collection of Claims”, at 31 CFR Parts 901.9(a)-(g). 2. For excess payments made by the Government to the Grantee that do not qualify as a “claim” for purpo ses of the Debt Collection Act of 1982, as amended, the Grantee agrees that the amount of interest depends on whether or not the Grantee is a state instrumentality. A Grantee that is a state instrumentality agrees that interest will be calculated as provided by U.S. Treasury regulations, “Rules and Procedures for Efficient Federal-State Funds Transfers’, 31 CFR Part 205. A Grantee that is not a state instrumentality agrees that common law interest will be calculated as permitted by joint U.S. Treasury and U.S. Department of Justice regulations, “Standards for the Administrative Collection of Claims”, at 31 CFR Part 901.9(i). F. Subject to Appropriation - All grants, payments, and obligations of the State under this Agreement are subject to the receipt of funds by the State from FTA and/or authorized pursuant to 20 ILCS 2705/2705-300 and 2705/305. The Grantor shall not be liable to the Grantee for any failure or delay in the performance of its obligations to the Grantee, including but not limited to delays in making payments to the Grantee. No debt, payment or obligation of the Grantor or FTA to the Grantee under this Agreement shall be a general obligation of the Government, but shall be payable, if at all, only from funds received by the Grantor from FTA and from funds authorized pursuant to 20 ILCS 2705/2705-300 and 2705/305. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 33 of 69 EXHIBIT D CONTACT INFORMATION Unless specified elsewhere, all notices required or desired to be sent by either Party shall be sent to the persons listed below. GRANTOR CONTACT Name: Mackenzie Thiessen Title: Bureau Chief Address: 69 W Washington, Suite 2100, Chicago, IL 60602 Phone: 312-793-2332 TTY#: N/A Fax#: N/A E-mail Address: mackenzie.thiessen@illinois.gov GRANTEE CONTACT Name: Kraig Boynton Title: PCOM Address: 55 W Tompkins St, Galesburg, IL 61401 Phone: (309) 345-3642 TTY#: Fax#: E-mail Address: kboynton@ci.galesburg.il.us Additional Information: DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 34 of 69 EXHIBIT E PERFORMANCE MEASURES The Grantee should: A. Submit accurate and timely reports required by this program. B. Submit timely corrective action plans with regard to program operations when directed by the Grantor, the Grantor’s consultants and/or vendors resulting from: 1. Financial Management Reviews; 2. Compliance Reviews; 3. Audits; 4. Grantor policy changes; 5. Public Complaint Process; 6. and/or as directed by the Grantor to remain in compliance with grant requirements. C. Promptly respond to inquiries by the Grantor or Grantor consultants and/or vendors. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 35 of 69 EXHIBIT F PERFORMANCE STANDARDS Performance Standards shall include: A. Timely and 100% accuracy in quarterly and year end reports as described in Exhibits B and C as well as Public Transportation Accounts (PTA) account reports. B. Timeliness of corrective actions will be determined on an individual basis dependent on the urgency to which an issue needs to be addressed. This may be determined by the Grantor, a third party retained by the Grantor, or coordination between the Grantor and the Grantee. 1. The Grantee shall generate and maintain required local match sufficient to draw down the 5311 Funds in this Agreement. 2. The Grantee shall file accurate quarterly reports, reflecting actual revenue and expense data 30 days after the end of the quarter. 3. On or before August 1, the Grantee shall submit all annual reports. 4. No later than 180 days following the last day of the fiscal year, the Grantee shall provide the Grantor with an independent audit prepared by a licensed certified public accountant in accordance with Illinois Administrative Code Title 92, Chapter I, Subchapter h, Part 651. 5. When required by the Grantor, the Grantee shall prepare and submit cost allocation plans. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 36 of 69 EXHIBIT G SPECIFIC CONDITIONS Grantor may remove (or reduce) a Specific Condition included in this Exhibit G by providing written notice to the Grantee, in accordance with established procedures for removing a Specific Condition. 1. Audit (2 CFR 200.500) Requires desk review of the status of implementation of corrective actions. + Corrective Action: Address all audit findings giving priority to significant deficiencies and material weaknesses by implementation of the corrective action plan. Condition may be removed upon request when corrective action is complete. 2. Agency and Grant-Specific Parameters No DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 37 of 69 PART TWO – THE GRANTOR-SPECIFIC TERMS In addition to the uniform requirements in PART ONE, the Grantor has the following additional requirements for its Grantee: 3. Employment of Grantor Personnel -- The Grantee will not employ any person or persons currently employed by the Grantor for any work required by the terms of this Agreement. Reporting. Grantee agrees to submit periodic financial and performance data listed in the approved IDOT BoBS 2832 reporting form into BlackCat on a quarterly basis. Grantee shall file Quarterly BoBS 2832 report data with Grantor describing the expenditure(s) of the funds and performance measures related thereto. The first BoBS 2832 report shall cover the first quarterly reporting period after 7/1/2021 effective date of the Agreement. Quarterly reports must be submitted no later than 30 calendar days following the period covered by the report. For the purpose of reconciliation, the Grantee must submit a BoBS 2832 report for the period December 31st (Grantee’s Fiscal Year End date). A BoBS 2832 report marked as “Final Report” must be submitted to the Grantor 60 days after the end date of the Agreement. Failure to submit the required BoBS 2832 reports may cause a delay or suspension of funding. Additional Reporting Requirements The Grantee must submit a BoBS 2832 report for the period ending 6/30 - State fiscal Year End Grantee shall submit to Grantor a BoBS 2832 report for the period ending June 30 within 30 calendar days of the end of the State Fiscal Year. Renewal. This Agreement may not be renewed. EQUIPMENT AND SUPPLIES Grantee must obtain disposition instructions from Grantor when equipment or supplies, purchased in whole or in part with Grant Funds, are no longer needed for their intended purpose. Notwithstanding anything to the contrary contained within this Agreement, Grantor may require transfer of any equipment or supplies to Grantor or a third party for any reason, including, without limitation, an Award is terminated or Grantee no longer conducts Award activities. The Grantee shall properly maintain, track, use, store and insure the equipment and supplies according to applicable best practices, manufacturer’s guidelines, federal and State laws or rules, including without limitation those contained at 2 CFR 200.310 to 2 CFR 200.326, and Grantor requirements stated herein. All obligations regarding use and ownership of equipment or supplies, purchased in whole or in part with Grant Funds, shall survive the termination of this Agreement. ARTICLE XXVII COOPERATION IN CONNECTION WITH INSPECTION DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 38 of 69 27.1 Grantee shall permit, and shall require its contractors and auditors to permit, the Grantor, and any authorized agent of the Grantor, to inspect all work, materials, payrolls, audit working papers, and other data and records pertaining to the Project; and to audit the books, records, and accounts of the Grantee with regard to the Project. The Grantor may, at its sole discretion and at its own expense, perform a final audit of the Project. Such audit may be used for settlement of the grant and Project closeout. Grantee agrees to implement any audit findings contained in the Grantor's final audit, the Grantee's independent audit, or as a result of any duly authorized inspection or review. 27.2 Grantee agrees to permit the Grantor to conduct scheduled or unscheduled inspections of Grantee's public transportation services. Such inspections shall be conducted at reasonable times, without unreasonable disruption or interference with any transportation service or other business activity of the Grantee or any Service Board. 27.3 The results or conclusions of such inspections, tests, and reports shall not be construed as altering in any way the Grantee's responsibility to conform its work to this Agreement, to maintain and repair such Project Facilities, maintain its work schedule, and to meet any other obligation assumed by the Grantee hereunder. ARTICLE XXVIII ETHICS 28.1 Code of Conduct (a) Personal Conflict of Interest – The Grantee shall maintain a written code or standard of conduct which shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, officer, board member or agent of the Grantee may participate in the selection, award, or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the fi rm selected for award: (i) the employee, officer, board member, or agent; (ii) any member of his or her immediate family; (iii) his or her partner; or (iv) an organization which employs, or is about to employ, any of the above. The conflict of interest restriction for former employees, officers, board members and agents shall apply for one year. The code shall also provide that Grantee's employees, officers, board members, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The Grantor may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action b y the Grantee or the locality relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the Grantee from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. (b) Organizational Conflict of Interest – The Grantee will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subcontract may, without some restriction on future activities, result in an unfair competitive advantage to the third party contractor or Grantee or impair the objectivity in performing the contract work. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 39 of 69 (c) Lobbying - The Grantee agrees that it will not use federal assistance to support federal or state lobbying and will not use federal funds to support activities designed to influence the U.S. Congress or the state legi slature. The Grantee certifies that it has complied with 31 U.S.C § 1352, as amended by the Lobbying Disclosure Act of 1995 and 49 CFR Part 20. The Grantee has signed the attached Lobbying Certification in the form of PART TWO ATTACHMENT 1 and will incorporate it in its applicable third-party contracts and require a comparable certification from its contractors or subcontractors. (d) Debarment - The Grantee agrees to comply with the requirements of Executive Orders No. 12549 and 12689 “Debarment and Suspension,” 31 U.S.C. § n 6101 note, and U.S. Department of Transportation regulations, “Nonprocurement Suspension and Debarment,” 2 CFR Part 1200, which adopts and supplements the provisions of the U.S. Office of Management and Budget “Guidelines to Agencies on Governmental Debarment and Suspension (Nonprocurement),” 2 CFR Part 180. The Grantee agrees that it searched the website, www.sam.gov, and found that the Grantee has no active exclusion from receiving federal funds. The Grantee also agrees to obtain certifications on Debarment and Suspension from its third-party contractors and subcontracts and otherwise comply with Government regulations. The Grantee has signed a Debarment certification as part of the Grantee’s most current FTA Certifications and Assurances which is incorporated herein by reference and is on file with the Grantor as stated in the Grantee’s Program Specific Warranties section in PART THREE below. In addition, the Attorney for the Grantee has signed the attached Grantee Opinion of Counsel (attached as PART TWO ATTACHMENT 2). Trafficking in Persons - To the extent applicable, the Grantee agrees to comply with, and assures the compliance of its contractors and subcontractors with, the requirements of the subsection 106(g) of the Trafficking V ictims Protection Act of 2000, as amended, 22 U.S.C.§ 7104(g), and with “Trafficking Persons: Grants and Cooperative Agreements”, 2 CFR Part 175. ARTICLE XXIX GRANTEE'S WARRANTIES 29.1 Grantee warrants that it has the requisite fiscal, managerial, and l egal capability to carry out the Project and to receive and disburse Project funds. Grantee agrees that upon execution of this Agreement, Grantee will deliver to the Grantor: (a) a legal opinion from an attorney licensed to practice law in Illinois and authorized to represent the Grantee in the matter of this Agreement, in the form of PART TWO ATTACHMENT 2. (b) a certified copy of a resolution or ordinance adopted by the Grantee’s governing body that authorizes the execution of this Agreement and identifies the person, by position, authorized to sign this Agreement and payment requisitions, in the form of PART TWO ATTACHMENT 3. ARTICLE XXX SUBSTANCE AND ALCOHOL ABUSE /DRUG FREE WORKPLACE 30.1 The Grantee agrees to comply with the Illinois Drug Free Wo rkplace Act 30 ILCS 580/1 et seq., and U.S. DOT Drug- Free Workplace Act of 1988, , 41 U.S.C. §§ 701 et seq., and U.S. DOT regulations, "Government wide Requirements for Drug-Free Workplace (Financial Assistance)," 49 CFR Part 32, and with FTA regulations, DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 40 of 69 “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR Part 655, that implement 49 U.S.C. § 5331 and any other guidance pertaining to substance abuse (drugs and alcohol) that may be promulgated, and the Grantee has signed the Drug Free Workplace Certification as part of the Grantee’s most current FTA Certifications and Assurances which is incorporated herein by reference and is on file with the Grantor as stated in the Grantee’s Program Specific Warranties section in PART THREE below. 30.2 If applicable, the Grantee also agrees to comply with all aspects of the anti -drug and alcohol program outlined in the "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations" regulation 49 CFR Part 655, that implement 49 U.S.C. § 5331, and to require contractors and subcontractors, when applicable, to do the same. ARTICLE XXXI DISPUTE RESOLUTION 31.1 The Grantee shall immediately notify the Grantor of any current or prospective major dispute, breach, default, or litigation that may affect the Government’s interest in the Project Facilities or the Government’s administration or enforcement of federal or state laws or regulations. The Grantee agrees to obtain permission from the Grantor before naming the Government as a p arty to litigation for any reason in any forum. 31.2 In the event of a dispute in the interpretation of the provisions of this Agreement, such dispute shall be settled through negotiations between the Grantor and the Grantee. In the event that agreement i s not consummated at this negotiation level, the dispute will then be referred through proper administrative channels for a decision and ultimately, if necessary, to the Secretary of the Illinois Department of Transportation. The Grantor shall decide all claims, questions and disputes which are referred to it regarding the interpretation, prosecution and fulfillment of this Agreement. The Grantor's decision upon all claims, questions and disputes shall be final and conclusive. ARTICLE XXXII CONTRACTS OF THE GRANTEE 32.1 The Grantee shall not execute any contract or obligate itself in any other manner with any third party with respect to the Project, without the prior written approval by an authorized representative of the Grantor except where expressly provided otherwise in Grantor guidelines, or where specifically approved in writing by the Grantor. Each contract entered into by the Grantee must be approved by the Grantor prior to the Grantee executing such contract, except as provided in Grantor guidelines. 32.2 The Grantee shall include a requirement in all Grantee contracts with third parties that the contractor complies with the requirements of this Agreement in performing such contract, and that the contract shall be subject to the terms and conditions of this Agreement. ARTICLE XXXIII THIRD PARTY CONTRACT CHANGES 33.1 After approval thereof by the Grantor, no change or modification of the scope of the work or cost thereof shall be made to any contract of the Grantee, and no work shall commence and no costs or obligations incurred in consequence of such change or modification except as provided in Grantor guidelines, unless such change or modification is specifically approved in writing by the Grantor. ARTICLE XXXIV LABOR PROVISIONS DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 41 of 69 34.1 General Labor Compliance - If applicable and except in a construction contract of $2,000 or less, and except in a third party contract for supplies, materials or articles ordinarily available on the open market, the Grantee agrees to comply with the Labor Law Compliance provisions of the current Federal Capital Grant Master Agreement pertaining to the Project, if any, and all applicable state and federal laws and regulations including, but not limited to, the following: laws and regulations relating to minimum wages to be paid to employees, limitations upon the employment of minors, minimum fair wage standards for minors, payment of wages due employees, and health and safety of employees. The Grantee also agrees to require every contractor doing construction work or performing professional or consulting services in connection with the Project to agree to such compliance, including compliance with the statutory requirements of the Davis-Bacon Act, Contract Work Hours and Safety Standards Act, and Copeland “Anti-Kickback” Act. 34.2 State and Local Government Employees - The provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., as amended, apply to state and local government employees participating in the FTA assisted project with the Grantee. 34.3 Employment of Illinois Workers - To the extent applicable and consistent with federal law, the Grantee agrees to include in all third party contracts the applicable provisions of the Employment of Illinois Workers on Public Works Act, 30 ILCS 570. 34.4 Third Party Contracts - The Grantee agrees to include any applicable requirements of this Labor Provisions section in each contract and subcontract involving transit operations financed in whole or in part with federal assistance provided by FTA. 34.5 Nonconstruction Contracts - Pursuant to Department of Labor regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 CFR Part 5, the following provisions shall be incorporated in all nonconstruction contracts of $2,500 let by the Grantee in carrying out the Project: (a) Contract Work Hours and Safety Standards - The requirements of the clauses contained in 29 CFR Part 5.5(b) are applicable to any contract subject to the overtime provisions of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., and not to any of the other statutes cit ed in 29 CFR Part 5.1. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classification, hourly rates of wages paid, daily and weekly number of hours worked, deduction made, and actual wages paid. The records to be maintained under this clause shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the FTA, U.S. Department of Transportation, or the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (b) Nonconstruction Subcontracts - The contractor or subcontractor shall insert in any subcontract the clau ses set forth in 29 CFR Part 5.5(b), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 CFR Part 5.5(b) involving overtime pay, unpaid wages and withholding for unpaid wages. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 42 of 69 ARTICLE XXXV CIVIL RIGHTS 35.1. Federal Nondiscrimination - The Grantee agrees to comply with, and assure the compliance by its third party contractors and subcontractors under this Project, with all requirements of Federal nondiscrimination laws including but not limited to: Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.; Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102; Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12132 et seq.; Federal Transit Law at 49 U.S.C. § 5332, and U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act, " 49 CFR Part 21; and FTA Circular 4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients”, October 1, 2012. 35.2. Federal Equal Employment Opportunity - The following requirements apply to the Project and the Grantee agrees to include these requirements in each contract and subcontract financed in whole or in part with federal assistance provided by FTA: (a) General Requirements – The Grantee agrees as follows: (i) Discrimination Prohibited - In accordance with 42 U.S.C. § 2000e, 49 U.S.C. § 5332, the Grantee agrees to comply with any applicable federal statutes, executive orders, regulations, and federal policies including, but not limited to the U.S. Department of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Part 60 et seq., (which implement E.O. No. 11246, “Equal Employment Opportunity,” as amended by E.O. No. 11375, “Amending E.O. No. 11246 Relating to Equal Employment Opportunity”) that may in the future affect construction activities undertaken in the course of this Project. The Grantee agrees to take affirmative action to ensure that applicants are employed, and th at employees are treated during their employment, without regard to race, color, creed, sex, age or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Grantee agrees to comply with any implementing requirements FTA may issue. (ii) EEO Program Incorporated by Reference - If the Grantee is required to submit and obtain approval of its EEO program, that EEO program approved by the Government is incorporated by reference and made part of this Agreement. Failure by the Grantee to carry out the terms of that EEO program shall be treated as a violation of this Agreement. Upon notification of its failure to carry out the approved EEO program, the Government may impose such remedies as it considers appropriate, including termination of financial assistance, or other measures that may affect the Grantee’s eligibility to obtain future financial assistance in transportation projects. (b) Age - In accordance with 49 U.S.C. § 5332, the Grantee agrees to refrain from discrimination against present and prospective employees for reasons of age. The Grantee further agrees to comply with the applicable requirements of the Age Discrimination Act of l975, as amended, 42 U.S.C. §§ 6101 et seq., with U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Financial Assistance, “ 45 CFR Part 90, and with The Age Discrimination in Employment Act (ADEA), 29 U.S.C. Sections 621 through 634 and with U.S. Equal Employment. Opportunity Commission regulations, “Age Discriminati on in Employment Act,” 29 CFR Part 1625. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 43 of 69 (c) Disabilities - In accordance with 42 U.S.C. Section 12112, the Grantee agrees that it will comply with the requirements of 29 CFR Part 1630, pertaining to the employment of persons with disabilities. In additio n, the Grantee agrees to comply with any implementing regulations FTA may issue. (d) Sex - In accordance with Title IX of the Educational Amendments of l972, as amended, 20 U.S.C. §§ 1681 et seq., and with implementing federal regulations that prohibit discrimination on the basis of sex that may be applicable the Grantee agrees to comply with prohibitions against discrimination on the basis of sex, and any federal regulations that may be promulgated. (e) Language Proficiency - In accordance with Executive Order No. 13166, the Grantee agrees to comply with the applicable provisions of said Executive Order “Improving Access to Services for Persons with Limited English Proficiency”, 42 U.S.C. Section 2000d-1 note and with the provisions of U.S. DOT Notice, “DOT Policy Guidance Concerning Recipient’s Responsibilities to Limited English Proficiency Persons,” 70 Fed. Reg. 74087, December 14, 2005 ARTICLE XXXVI Illinois Human Rights Act 36.1. The Grantee shall comply with the "Equal Employment Opportunity Clause" required by the Illinois Department of Human Rights. It is understood that the term “contractor” shall also mean “Grantee.” The Equal Employment Opportunity Clause reads as follows and shall apply to the Project: In the event of the Grantee’s non-compliance with any provisions of the Illinois Equal Employment Opportunity Clause, the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights (hereinafter ”DOHR”), the Grantee may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the Agreement may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this Agreement, the Grantee agrees as follows: (a) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. (b) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the DOHR's Rules and Regulations) of minorities and wome n in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. (c) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an unfavorab le discharge from military service. (d) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organizations or representative of the Grantee's obligations under the Illinois Human Rights Act. and the DOHR's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Grantee in its efforts to comply with such Act and Rules and Regulations, the Grantee will promptly notify the DOHR and the DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 44 of 69 contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. (e) That it will submit reports as required by the DOHR's Rules and Regulations, furnish all relev ant information as may from time to time be requested by the DOHR or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the DOHR's Rules and Regulations. (f) That it will permit access to all relevant books, records, accounts, and work sites by personnel of the contracting agency and the DOHR for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the DOHR's Rules and Regulations. (g) That it will include verbatim or by reference the provisions of this Civil Rights section in every contract and subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this agreement/contract, the Grantee will be liable for compliance with applicable provisions of this clause by such contractors and subcontractors; and further it will promptly notify the contracting agency and the DOHR in the event any contractor or subcontractor fails or refuses to comply therewith. In addition, the Grantee will not utilize any contractor or subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. (h) In addition, Grantee is subject to the Illinois Human Rights Act, 775 ILCS 5/1 -101, which prohibits discrimination against any individual because of his or her race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service in connection with the availability of public accommodations. ARTICLE XXXVII Sexual Harassment 37.1. The Grantee will have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment, und er state law; (iii) a description of sexual harassment, utilizing examples; (iv) the Grantee's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Grantor upon request. ARTICLE XXXVIII Disadvantaged Business Enterprise (“DBE”) 38.1. To the extent required by federal law, regulation, or directive, the Grantor encourages all of its grantees to make a good-faith effort to contract with DBEs. Grantees agree to facilitate participation of Disadvantaged Business Enterprises (DBE) as follows: (a) The Grantee agrees to comply with Section 1101 of FAST Act, 23 U.S.C. § 101 note, and U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR Part 26, including any amendments thereto that may be issued during the term of this Agreement. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 45 of 69 (b) The Grantee agrees that it shall not discriminate on the basis of race, color, national orig in, or sex in the award and performance of any contract or agreement awarded by Grantee under this Agreement. The Grantee shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of any contract awarded by Grantee under this Agreement. The Grantee agrees to take all necessary and reasonable steps under 49 CFR Part 26 to ensure that eligible DBE’s have the maximum feasible opportunity to participate in U.S. DOT assisted contracts. The Grantee DBE program, if required by 49 CFR Part 26 and as approved by U.S. DOT is incorporated by reference in this Agreement. Implementation of this program is a legal obligation, and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Gra ntee of its failure to carry out its approved program, U.S. DOT may impose sanctions as provided for under 49 CFR 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, 3 1 U.S.C. §§ 3801 et seq. (c) The Grantee agrees to include the following clauses in all agreements between the Grantee and third parties funded in whole or in part with Government assistance: ((i) “The (contractor or subcontractor) shall not discriminate on the basis of race, color, national origin, or sex in the performance of this (contract or agreement). The (contractor or subcontractor) shall carry out applicable requirements of 49 CFR Part 26 in the award and administration this (contract or agreement ). Failure by the (contractor, or subcontractor) to carry out these requirements is a material breach of the (contract or agreements), that may result in the termination of this (contract or agreement) or such other remedy as the (Grantee) deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the contractor from future bidding as non -responsible. 49 C.F.R. § 26.13(b).” (d) “The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 14 days from the receipt of each payment the prime contractor receives from (the Grantee). Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of (the Grantee).” ARTICLE XXXIX Disabilities 39.1. Americans with Disabilities Act (ADA) - The Grantee shall comply with all applicable state and federal requirements under the ADA. 39.2. Access Requirements for Individuals with Disabilities - The Grantee agrees to comply with 49 U.S.C. Section 5301(d); the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq.; § 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151, et seq.; and the following regulations and any amendments thereto: (a) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37. (b) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27; (c) U.S. DOT regulations, "Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles." 36 CFR Part 1192 and 49 CFR Part 38; (d) U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 46 of 69 (e) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; (f) U.S. General Services Administration regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19. (g) U.S. Equal Employment Opportunity Commission (EEOC) “Regulations to Implement the Equal Employment Provisions of the ADA,” 29 CFR Part 1630; (h) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and R elated Customer Premises Equipment for the Persons with Disabilities," 47 CFR Part 64, Subpart F; (i) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part 609; (j) U.S. Architectural and Transportation Barriers Compliance Board (ATBCB) regulations, 36 CFR Part 1194; 39.3. Over-the-Road Accessibility Program (OTRB) – The Grantee agrees to comply with the requirements of § 3038 of TEA-21, as amended by § 3007 of FAST ACT, 49 U.S.C. § 5310 note. The Grantee also agrees to comply with U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37, Subpart H, and with joint U.S. ATBCB/U.S. DOT regulations, “Americans with Disabilities Accessibility Specifications for Transportation Vehicles,” 35 CFR Part 1192 and 49 CFR Part 38. ARTICLE XL Confidentiality - Drug or Alcohol Abuse 40.1. To the extent applicable, the Grantee agrees to comply with the confidentiality and other civil rights provisions of the Drug Abuse Office and Treatment Act of l972, as amended, 21 U.S.C. §§ 1101 et seq., the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, And Rehabilitation Act of l970, as amended, 42 U.S.C. §§ 4541 et seq., and the Public Health Service Act of l912, 42 U.S.C. §§ 201 et seq., and any amendments thereto. ARTICLE XLI Transportation Infrastructure Finance and Innovation Act 41.1. The Grantee agrees to comply with the requirements of the Transportation Infrastructure Finance and Innovation Act (TIFIA), with regard to any TIFIA funds received by the Grantee. The Grantee also agrees to include the requirements of this Civil Rights section in each applicable contract, subcontract, or agreement financed in whole or in part with federal assistance. ARTICLE XLII INTELLECTUAL PROPERTY 42.1. Patent Rights (a) In accordance with 37 CFR Part 401, if any invention, improvement, or discovery of the Grantee or any of its third party contractors is conceived or first actually reduced to practice in the course of or under this Project, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Grantee agrees to notify the Grantor and FTA immediately and provide a detailed report. The rights and responsibilities of the Grantee, third party contractors and the Government with respect to such invention, improvement, or discovery will be determined in accordance with applicable state and federal laws, regulations, policies, and any waiver thereof. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 47 of 69 (b) The Grantee agrees to include this Intellectual Property section in its third-party contracts for planning, research, studies, development, or demonstration under this Project. 42.2 Rights in Data and Copyrights (a) The term "subject data" used in this section means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to project administration. (b) The following restrictions apply to all subject data first produced in the performance of this Agreement: (i) Except for its own internal use, the Grantee may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Grantee authorize others to do so, without the written consent of the Government, until such time as the Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to agre ements with academic institutions. (ii) The Government reserves a royalty-free non-exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal and state Government purposes: 1) Any subject data developed under a grant, cooperative agreement, sub -grant, sub- agreement, or third party contract, irrespective of whether or not a copyright has been obtained; and 2) Any rights of copyright to which a grantee or a third party contractor purchases owner ship with federal or state assistance. 42.3. When the Government provides assistance to a grantee for a Project involving planning, research, development, or a demonstration, it is generally FTA’s and the Grantor’s intent to increase the body of mass transportation knowledge, rather than to limit the benefits of the Project to those parties that have participated therein. Therefore, unless FTA or the Grantor determines otherwise, the Grantee of Government assistance to support planning, research, or development, or a demonstration project financed under Administrative Code Title 92, Chapter I, Subchapter h, Part 651as amended, understands and agrees that, in addition to the rights set forth in subparagraph 42.2(b) of this Patent Rights section, the Government may make available to the Grantee and/or any third party contractor, or third party subcontractor, either the Government’s license in the copyright to the subject data derived under this Agreement or a copy of the subject data first produced under thi s Agreement. In the event that such a Project, which is the subject of this Agreement, is not completed for any reason whatsoever, all data developed under that Project shall become data as defined in subparagraph 42.2(a) of this Patent Rights section and shall be delivered as the Government may direct. This subsection, however, does not apply to adaptations of automatic data processing equipment or programs for the Grantee's use, which costs are financed in whole or in part with Government assistance for transportation capital projects. 42.4. Unless prohibited by state law, the Grantee agrees to indemnify, save and hold harmless the Government, their officers, agents, and employees acting within the scope of their official duties, against any liability, in cluding costs and expenses, resulting from any willful or intentional violation by the Grantee of proprietary rights, DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 48 of 69 copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under this Agreement. However, the Grantee shall not be required to indemnify the Government for any such liability arising out of the wrongful acts of employees or agents of the Government. 42.5. Nothing contained in this Patent Rights section pertaining to rights in data shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Grantor and FTA under any patent. 42.6. The requirements of subparagraphs 42.2(b), 42.3, and 42.4 of this Patent Rights section do not apply to material furnished to the Grantee by the Government and incorporated in the work carried out under the Agreement; provided that such incorporated material is identified by the Grantee at the time of delivery of such work. 42.7. Unless the Government determines otherwise, the Grantee agrees to include the requirements of subparagraphs 42.2(a) through 42.6 of this Patent Rights section in its third-party contracts for planning, research, studies, development, or demonstration under this Project. 42.8. The Grantee understands and agrees that data and information submitted to the Government may be required to be made available under the Freedom of Information Act or other federal statutes in acco rdance with 49 CFR Part 19.36(d), or by subsequent laws or regulations. 42.9. Export Control – The Grantee agrees that it will not export any technical information to any countries or foreign persons without first obtaining the necessary licenses as required by export control regulations. ARTICLE XLIII SEAT BELT USE 43.1. To the extent required by the Illinois Mandatory Seatbelt Law (625 ILCS 5/12 -603.1 et seq.), the Grantee shall establish a safety belt use policy requiring employees to use the appropr iate occupant restraint protection devices as provided in the vehicle being driven while on official business. A copy of the safety belt policy shall be provided to the Grantor upon request. In addition, the Grantee shall require each driver or passenger o f a motor vehicle, used pursuant to this Grant and operated on a street or highway in Illinois, to wear a properly adjusted and fastened seat safety belt, unless exempted pursuant to such statute. ARTICLE XLIV ENVIRONMENTAL REQUIREMENTS 44.1. The Grantee recognizes that many federal and state statutes imposing environmental, resource conservation, and energy requirements may apply to the Project including: the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 through 4335; the Clean Air Act (CAA), as amended, 42 U.S.C. §§ 7401 through 7671q and scattered sections of Title 29 United States Code; the Clean Water Act (CWA), as amended, 42 U.S.C. §§ 6901 through 6992k; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. §§ 9601 through 9675, as well as environmental provisions within Title 23, United States Code, and 49 U.S.C. Chapter 53. Accordingly, the Grantee agrees to adhere to, and agrees to impose on its third party contractors, any such federal and state requirements as the Government may now or in the future promulgate. The Grantee expressly understands that the following list may not set forth all federal environmental requirements applicable to the Grantee and the Project, however the Grantee agrees, minimally, as follows: ((a) Environmental Protection - To the extent applicable, the Grantee agrees to comply with: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq.; Section 14 of the Federal Transit Act, as DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 49 of 69 amended, , 49 U.S.C. App. Section 1610; the Council on Environmental Quality regulations, 40 CFR Parts 1500 et seq.; and the joint FHWA/FTA regulations, "Environmental Impact and Related Procedures," 23 CFR Part 771 and 49 CFR Part 622, and subsequent federal environmental protection regulations that may be promulgated. As a result of enactment of 23 U.S.C. §§ 139 and 326, as well as to amendments to 23 U.S.C. § 138, environmental decision-making requirements imposed on FTA projects to be implemented consistent with the joint FHWA/FTA document, “Interim Guidance for Implementing Key SAFETEA-LU. Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities,” dated September 2, 2005, and any subsequent applicable fe deral directives that may be issued, except to the extent that FTA determines otherwise in writing. (b) Air Quality – To the extent applicable, the Grantee agrees to comply with all applicable federal laws, regulations, and directives implementing the Clean Air Act (CAA), as amended, 42 U.S.C. §§ 7401 through 7671q, and: (i) The Grantee agrees to comply with applicable requirements of section 176(c) of the CAA, 42 U.S.C. § 7506(c), consistent with the joint FHWA/FTA document, “Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities,” dated September 2, 2005, and any subsequent applicable federal directives that may be issued; with U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act," 40 CFR Part 51, Subpart T; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40 CFR Part 93 and any subsequent federal conformity regulations that may be promulgated. To support the requisite air quality conformity finding for the Project, the Grantee agrees to implement each air quality mitigation or control measur e incorporated in the Project. The Grantee further agrees that any Project identified in an applicable State Implementation Plan (SIP) as a Transportation Control Measure, will be wholly consistent with the design concept and scope of the Project set forth in the SIP. (ii) In the event the Grantee is an operator of large public transportation bus fleets, then the Grantee agrees to comply with the following U.S. EPA regulations to the extent they apply to the Project: "Control of Air Pollution from Mobile Sources," 40 CFR Part 85; "Control of Air Pollution from New and In -Use Motor Vehicles and New and In-Use Motor Vehicle Engines," 40 CFR Part 86, and "Fuel Economy of Motor Vehicles," 40 CFR Part 600. (iii) The Grantee also agrees to comply with the notification of violating facilities provisions of Executive Order No. 11738, “Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans,” 42 U.S.C. §7606 note. 44.2 Use of Public Lands – To the extent applicable, the Grantee agrees that in implementing its Project, it will not use any publicly owned land from a park, recreation area, or wildlife or water fowl refuge of national, state, or local significance as determined by the federal, state, or local officials having jurisdiction thereof, or any land from an historic site of national, state, or local significance may be used for the Project unless the federal Government makes the findings required by 49 U.S.C. Section 303(b) and 303(c). The Grantee also agrees to comply with joint FHWA/FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 CFR Part 774, and referenced in 49 CFR Part 622. 44.3 Wild and Scenic Rivers - To the extent applicable, the Grantee and its contractors and subcontractors shall comply with the Wild and Scenic Rivers Act of l968, as amended, 15 U.S.C. §§ 1271 through 1287, relating to protecting components of the national wild and scenic rivers system; and to the extent applicable, to comply with U.S. Forest Service regulations, “Wild and Scenic Rivers,” 36 CFR Part 297, and with U.S. Bureau of Land Management regulations, “Management Areas,” 43 CFR Part 8350. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 50 of 69 44.4 Coastal Zone Management - To the extent applicable, the Grantee agrees to assure Project consistency with the approved State management program developed under the Coastal Zone Management Act of l972, as amended, 16 U.S.C. §§ 1451 et seq. 44.5 Wetlands - To the extent applicable, the Grantee and its contractors and subcontractors shall comply with the protections for wetlands in accordance with Executive Order No. 11990, as amended, “Protection of Wetlands”, 42 U.S.C. §4321 note. 44.6 Floodplains - To the extent applicable, the Grantee and its contractors and subcon tractors shall comply with the flood hazards protections in floodplains in accordance with Executive Order No. 11988, as amended, “Floodplain Management,” 42 U.S.C. § 4321 note. 44.7 Endangered Species and Fisheries Conservation - To the extent applicable, the Grantee and its contractors and subcontractors shall comply with the protections for endangered species in accordance with the Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 through 1544, and the Magnuson Stevens Fisheries Conservation Act, as amended, 16 U.S.C. §§ 1801 et seq. 44.8 Historic Preservation - To the extent applicable, the Grantee agrees to assist the Government to comply with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f, Executive Order No. 11593, “Protection and Enhancement of the Cultural Environment”, 16 U.S.C. § 470 note; and the Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. §§ 469a through 469cinvolving historic and archaeological preservation. 44.9 Mitigation of Adverse Environmental Effects - Should the proposed Project cause adverse environmental effects, the Grantee agrees to take all reasonable steps to minimize such effects pursuant to 49 U.S.C. § 5324(b),, all other applicable statutes, and the procedures set forth in 23 CFR Part 771 and 49 CFR Part 622. 44.10 Energy Conservation - To the extent applicable, the Grantee and its third -party contractors at all tiers shall comply with mandatory standards and policies relating to energy efficiency that are con tained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. §§ 6321 et seq. In addition, to the extent applicable, the Grantee agrees to perform an energy assessment for any building constructed, reconstructed or modified with federal funds, as provided in “Requirements for Energy Assessments,” 49 CFR Part 622, Subpart C. 444.11 Clean Water and Safe Drinking Water - For all contracts and subcontracts exceeding $100,000, the Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to 33 U.S.C. Section 1251 et seq. The Grantee also agrees to protect underground sources of drinking water, as provided in the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f through 300j-6. 44.12 Environmental Justice - To the extent applicable, the Grantee and its contractors and subcontractors shall comply with the policies of Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations,” 42 U.S.C. § 4321 note. 44.13 Clean Fuels - To the extent applicable, the Grantee and its contractors and subcontractors agree to comply with the requirements of 49 CFR § 5308, and with the provisions of 49 U.S.C. § 530.7 and with FTA regulations, “Clean Fuels Grant Program”, 49 CFR Part 624. 44.14 Indian Sacred Site - To the extent applicable, the Grantee agrees to facilitate compliance with the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, in compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and with Executive Order No. 13007, “Indian Sacred Sites,” 42 U.S.C. § 1996 note. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 51 of 69 44.15 Job Access and Reverse Commute Formula Grant Program - To the extent applicable, the Grantee agrees to comply with the requirements of 49 U.S.C. § 5316, and applicable provisions of 49 U.S.C. § 5307, and FTA Circular 9050.1, “The Job Access and Reverse Commute Program Guidance and Applicat ions Instructions,” including any revisions thereto. ARTICLE XLV PRIVACY 45.1 Should the Grantee, or any of its third party contractors, or their employees, administer or control any system of records on behalf of the Government, the Privacy Act of 1974 (5 U.S.C. § 552a) and the Data Processing Confidentiality Act (30 ILCS 585) imposes information restrictions on the party managing the system of records, and the Grantee and its third party contractors shall protect said information in accordance with the requirements of these Acts. ARTICLE XLVI PROTECTION OF SENSITIVE SECURITY INFORMATION 46.1 To the extent applicable, the Grantee agrees to comply with 49 U.S.C. § 40119(b), with implementing “Protection of Sensitive Security Information’, 49 CFR Part 15, with 49 U.S.C. § 114(S) and “Protection of Sensitive Security Information”, 49 CFR Part 1520, and any other implementing regulations, requirements or guidelines that the federal government may issue. The Rest of this page is left intentionally blank DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 52 of 69 PART TWO ATTACHMENT 1 CERTIFICATION AND RESTRICTIONS ON LOBBYING (for federal funding > $100,000) I,________________________________________________________________________ -'hereby certify (Name and title of official) On behalf of________City of Galesburg_________________________________ that: (Name of Grantee) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to a ny 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 the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person 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 con nection with the 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. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801, et seq., are applicable thereto. Name of Grantee __City of Galesburg________________________________________________ Type or print name ______________________________________________________________ Signature of authorized representative____________________________________Date State Grant Number___OP-22-13-FED_________ Authorize_Name Authorize_Name Authorize_Date Authorize_Sign DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 53 of 69 Attorney_Name Attorney_Sign Attorney_Name Attorney_Date PART TWO ATTACHMENT 2 OPINION OF COUNSEL I, __________________________________________the undersigned, am an attorney, licensed by and duly admitted to practice law in the State of Illinois and am counsel and attorney for City of Galesburg (“Grantee”). In this capacity, my opinion has been requested concerning the eligibility of City of Galesburg for grant assistance under the provisions of 49 U.S.C. § 5311 (“Section 5311”). I have also reviewed the Section 5311 Operating Assistance Grant Agreement, Grant No _OP-22-13-FED, ("Agreement") tendered by the State of Illinois ("State") to the Grantee. I hereby advise as follows: 1. The Grantee is an eligible “Subrecipient” as defined in Section 5311. 2. There are no provisions in the Grantee’s charter or by-laws or in the laws or rules of the State, the United States of America, or any unit of local of government that preclude or prohibit the Grantee from entering into the Agreement. 3. The Grantee is fully empowered and authorized to enter into the Agreement and that Agreement, when executed by both parties, will be legally binding upon the Grantee and its successors and assigns. 4. I have no knowledge of any pending or threatened litigation, in either Federal or State courts which would adversely affect this application, or which seeks to prohibit the Grantee from contracting with the State for the purpose of receiving a State operating assistance grant. Based upon the foregoing, I am of the opinion that the Grantee is an eligible Subrecipient under the provisions of Section 5311, and that it is fully empowered and authorized to enter into this Agreement and to accept the grant from the State. Signature: ___________________________________ (Attorney’s Name)______________________________ Attorney for: __________City of Galesburg_________________ Date: ___________________________ DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 54 of 69 PART TWO ATTACHMENT 3 RESOLUTION AUTHORIZING EXECUTION AND AMENDMENT OF FEDERAL 5311 GRANT AGREEMENT WHEREAS, the provision of public transit service is essential to the transportation of persons in the non- urbanized area; and WHEREAS, 49 U.S.C. § 5311 (“Section 5311”), makes funds available to the State of Illinois to help offset certain operating deficits and administrative expenses of a system providing public transit service in non-urbanized areas; and WHEREAS, the State of Illinois, acting by and through the Illinois Department of Transportation, is authorized by 30 ILCS 740/3-1 et seq. to provide the Section 5311 grant; and WHEREAS, grants for said funds will impose certain obligations upon the recipient, including the provision by it of the local share of funds necessary to cover costs not covered by funds provided under Section 5311. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF __________City of Galesburg________: Section 1. That an application be made to the Office of Intermodal Project Implementation, Department of Transportation, State of Illinois, for a financial assistance grant under Section 5311 for fiscal year 202 2 for the purpose of off-setting a portion of the Public Transportation Program operating deficits of _______City of Galesburg____________ (Name of Applicant). Section 2. That while participating in said operating assistance program the _______City of Galesburg__________ will provide all required local matching funds. Section 3. That the ___ ____________(Title of Certifying Officer) is hereby authorized and directed to execute and file on behalf of _________City of Galesburg____________ such application. Section 4. That the ___ ____________(Title of Certifying Officer) is authorized to furnish such additional information as may be required by the Office of Intermodal Project Implementation and th e Federal Transit Administration in connection with the aforesaid application for said grant. Section 5. That ___ ____________(Title of Certifying Officer) is hereby authorized and directed to execute and file on behalf of ________City of Galesburg_________ Section 5311 Grant Agreement (“Agreement”) with the Illinois Department of Transportation, and amend such Agreement, if necessary, in order to obtain grant assistance under the provisions of Section 5311 for fiscal year 2022. Section 6. That the ______________________________is hereby authorized to provide such information and to file such documents as may be required to perform the Agreement and to receive the grant for fiscal year 202 2. PRESENTED and ADOPTED this ________ day of ___________ , 202__ ________________________________________________________________________________ (Signature of Authorized Official) (Attest) ________________________________________________________________________________ (Title) (Date) Authorize_Title Authorize_Title Authorize_Title Authorize_Title Authorize_Sign Authorize_Title Authorize_Date Auth orize d_Da y Authoriz ed_Mont h A u t h o r i z e d _ Y e a r DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 55 of 69 PART THREE – THE PROJECT-SPECIFIC TERMS In addition to the uniform requirements in PART ONE and the Grantor-Specific Terms in PART TWO, the Grantor has the following additional requirements for this Project: ARTICLE XLVII DEFINITIONS 47.1 As used in this Agreement: A. "Contractor” or “Third Party contractor” means or refers to a vendor or contractor retained by the Grantee in connection with the performance of the Project, and paid or financed, in whole or in part, with funds received by the Grantee in connection with this Agreement. B. “FHWA” means the Federal Highway Administration of the United States Department of Transportatio n. C. "FTA" means the Federal Transit Administration of the United States Department of Transportation. Any reference in any law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed a reference to the Federal Transit Administration. D. "Government" means both the government of the United States of America and/or the State of Illinois. E. “Non-Metro”, “Non-Urbanized” refer synonymously to any area outside an urbanized area with a population of less than 50,000 inhabitants, as defined by the U.S. Bureau of the Census. F. “Project” means the mass transportation project for which grant funds are to be used by the Grantee pursuant to this Agreement, as described in Grantee’s final approved application. G. "Project Costs" means the sum of eligible costs incurred in performing the work on the Project, including work done by the Grantee, less proceeds from sale of scrap and replaced assets. H. “Project Facilities” means any asset, including but not limited to fixed facilities, rolling stock, equipment, real property, and office furniture, purchased with funds paid to the Grantee pursuant to this Agreement. I. “Section 5311” refers to the “Formula Grants for Rural Areas” section of the Federal Transit Act of 1992, as amended. See 49 U.S.C. Section 5311. “Section 5311” may also include subsection 5311(f) involving “Intercity Bus Transportation.” See 49 U.S.C. Section 5311(f). J. "U.S. DOT" means the United States Department of Transportation. ARTICLE XLVIII PROJECT SCOPE 48.1 The Grantee agrees to provide, or cause to be provided through its contractor(s), the public transportation services described in the Grantee's final approved application and the service plan on file at the Grantor 's offices DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 56 of 69 and subsequent submittals, information, and documentation, provided by the Grantee in support thereof, all as approved by Grantor representatives. The Grantee's application and service plan are incorporated into this Agreement by reference. ARTICLE XLIX FEDERAL AWARD INDENTIFICATION NUMBER (FAIN) 49.1 Part One, Section 1.3 identifies the Federal Award Identification Number(s) (FAIN) relevant to this Agreement. In some instances, FTA assigns a temporary FAIN which may be referenced in Section 1.3. In the event that FTA has assigned a temporary FAIN and then assigns a permanent FAIN after this Agreement has been executed, the Grantor will notify the Grantee of the new permanent FAIN. ARTICLE L PROJECT BUDGET ARTICLE LI The Uniform Budget is attached as PART THREE ATTACHMENT 1. 51.1 The Grantor will fund up to 100% of eligible operating deficit incurred by the Grantee (and/or Grantee’s contractor) during the Term to reimburse the Grantee for the provision of public transportation and intercity bus service, as approved by the Grantor for the Project, up to the amount as stated in the Uniform Budget. The method for determining the intercity bus portion of the project shall be in accordance with the Grantor’s guidelines, as from time to time adopted. 51.2 In no event shall the Grantor’s funding participation under this Agreement exceed the total Grantor Grant available for the Project. The maximum amount of the operating assistance for the Project under this Agreement is $ __$304,335.00__. 51.3 The Grantee further understands that the Grantor shall not make a grant which, when combined with federal funds or funds from any other source, is in excess of 100% of the Project Cost. In the event payment or reimbursement by the Grantor results in receipt by the Grantee from all sources a total amount in excess of 100% of the Project costs, the Grantor does not waive its right to require the Grantee to promptly refund any excess funds provided under this Agreement. The determination of any refund due the Grantor will be made after project close-out and completion of an audit. 51.4 The Grantee shall carry out the Project and shall incur obligations against and make disbursements of Project funds only in conformity with the Uniform Budget. Budget line items may be adjusted by the Grantee with prior notification of the Grantor. However, any amendment to the Uniform Budget should be in accordance with the provisions of ARTICLE VI and ARTICLE XXVI, Section 26.5 of this Agreement. No liability shall be incurred by the State in excess of the aforementioned amounts of the Grant. ARTICLE LII ACCOMPLISHMENT OF THE PROJECT 52.1 General Requirements - The Grantee shall commence, carry out, and complete the Project with all practicable dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement and in compliance with all applicable laws and Grantor guidelines, as from time to time adopted. 52.2 Pursuant to Federal, State, and Local Law - In the performance of its obligations pursuant to this Agreement, DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 57 of 69 the Grantee and its contractors shall comply with all applicable provisions of federal, state and local law, including the applicable provisions of the current Master Agreement between the Grantor and FTA. All limits and standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements and shall not affect the application to the performance of the Project of more restrictive local standards that are not inconsistent with the limits and standards of this Agreement. (a) The Grantee agrees that the most recent of such federal and state requirements, in effect at any particular time will govern the administration of this Agreement, except if there is sufficient evidence in the Agreement of a contrary intent. Such contrary intent might be evidenced by a letter signed by either the Federal Transit Administration or the Grantor, the language of which modifies or otherwise conditions the text of a particular provision of this Agreement. Likewise, new federal and state laws, regulations, policies and administrative practices may be established after the date the Agreement has been executed that may apply to this Agreement. To achieve compliance with changing federal and state requirements, the Grantee agrees to include in all third- party contracts financed in whole or in part with Government assistance, specific notice that federal and state requirements may change and such changed requirements will apply to the Project and the contract(s). The Grantee and such contractors further agree to administer the Project in accordance with the applicable federal and state provisions, including all applicable FTA Circulars. 52.3 Funds of the Grantee - The Grantee shall initiate and prosecute to completion all proceedings necessary to enable the Grantee to provide its share of the Project Costs at or prior to the time that such funds are needed to meet Project Costs. 52.3 Changed Conditions Affecting Performance (i.e., Disputes, Breaches, Defaults, or Litigation) - The Grantee shall immediately notify the Grantor of any change in conditions or local law, or of any other event which may significantly affect its ability to perform the Project in accordance with the provisions of this Agreement. 52.4 No Government Obligations to Third Parties - The Grantor and FTA shall not be subject to any obligations or liabilities by, through or to contractors of the Grantee or their subcontractors or to any other person not a party to this Agreement, in connection with the performance of this Project, without its express written consent, notwithstanding its concurrence in or approval of the award by the Grantor or FTA of any contract or subcontract or the solicitation thereof. The Grantee agrees to include this clause in each contract and subco ntract financed in whole or in part with federal and/or state assistance. 52.5 Grantee’s Responsibility for Compliance - Irrespective of the participation of other parties or third party contractors in connection with the Project, the Grantee shall contin ue to have primary responsibility to the Grantor and FTA for compliance with all applicable federal and state requirements as may be set forth in statutes, regulations, executive orders, the Master Agreement between the Grantor and FTA (a copy of which is incorporated herein by reference), and the Agreement for this Project. To ensure the Grantee meets this requirement, the Grantee shall designate a Program Compliance Oversight Monitor (“PCOM”), who must be either 1) an employee(s) of the Grantee; 2) an employee(s) of a unit of local government with whom the Grantee has entered into an intergovernmental agreement for rural public transportation service; or 3) a shared employee(s) between two grantees who receive 5311 and/or rural DOAP funds directly from the Grantor with contiguous service areas, whereby the employee prepares separate reports and maintains separate records for each grantee, has no real or apparent conflict of interest, and is pre -approved in writing by the Grantor. A mass transit district may appoint its director to be the PCOM. All direct PCOM related expenses must be commensurate with the level of public transportation service being provided by the Grantee in order to be considered eligible administrative costs. The PCOM shall be responsibl e for the following: DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 58 of 69 (a) General Program Knowledge - The PCOM shall possess proficiency in areas including, but not limited to: (i) Relevant federal and state grant program(s) purpose and funding; and (ii) State and federal public transportation capital and operating grant requirements. (iii) Basic understanding of governmental finance and accounting. (b) Public Transportation Service Plan - The PCOM shall develop and update, as needed, a Public Transportation Service Plan (“PTSP”) that is approved in writing by the Grantor. In the PTSP, the Grantee shall provide the following: (i) A list of all of the public and specialized transportation service providers, Human Services Transportation Plan (“HSTP”) Coordinators, and stakeholders within the Grantee’s territorial boundaries; (ii) The methodology by which the Grantee shall ensure that public transportation service planning, design, and operation is open, transparent, and coordinated to the maximum extent possible; (iii) For multi-county systems, the methodology by which the Grantee shall ensure that the level of service provided (number of vehicles, days, hours, and miles) by the Grantee and/or its operator(s), if any, for each county within the Grantee’s territorial boundaries is commensurate with th e amount of state and federal funding allocated to each county; (iv) An explanation of the Grantee’s and its operator’s, if any, public transportation complaint procedures; and (v) Any additional information requested by the Grantor. (c) Monitoring - The PCOM shall monitor and analyze the following: (i) The level and performance of public transportation service being provided by the Grantee and/or its operator(s), if any, within the Grantee’s territorial boundaries. The PCOM shall monitor the following measures: hours of service, days of service, number of vehicles, revenue vehicle hours, revenue vehicle miles, system expenses and revenues, ridership, trip denials, revenue hours, miles per vehicle, and cost per trip/mile/hour; (ii) The utilization, condition, and maintenance of Project Facilities; (iii) The driver and staff training activities of the Grantee and/or its operator(s), if any; (iv) All service contracts associated with the Project, including any service contracts between the Grantee’s operator and a third party within the Grantee’s territorial boundaries. For the service contracts, the PCOM shall monitor the revenues received and the number of trips provided. The PCOM shall ensure all service contract revenue collected by the Grantee and/or its operator(s) is properly accounted for, and reimbursements are reconciled with the Public Transportation Account at the end of the Term of the Agreement; (v) Compliance with the requirements of this Agreement; (vi) The ability for all customers to obtain pertinent public transportation information and schedule service with the Grantee and/or its operator(s), if any; and DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 59 of 69 (vii) Any additional items requested by the Grantor. (d) Complaint Procedures - The PCOM shall document, investigate (if necessary), and resolve to the extent practicable all complaints regarding the public transportation provided by the Grantee and/or its operator(s), if any. Retention of all ADA-related complaints for at least one year; and Retention of a summary of all ADA-related complaints for at least two years (e) Program Reviews - The PCOM shall assist in all of the Grantor’s program reviews and audits of the Grantee and its operator(s), if any, and attend all meetings between the Grantee and the Grantor. (f) Training - The PCOM shall attend, at a minimum, any relevant local and regional public and specialized service coordination meetings, such as the Rural Transit Assistance Center’s (“RTAC”) Primer or HSTP meetings; the RTAC’s spring conference; and any training sessions identified by the Grantor. (g) Public Transportation Account - On forms provided by the Grantor, the PCOM shall monitor the Public Transportation Account (“PTA”) by identifying and tracking deposits and withdrawals into and out of the PTA, the interest earned, and the balance of funds in the account. (h) Reporting - The PCOM shall submit i) quarterly, at a minimum, a written report to the Grantee’s governing body and, if applicable, the governing body of any entity being provided service pursuant to an in tergovernmental agreement or service contract with the Grantee and ii) annually, a written report to the Grantor that is submitted with the Grantee’s 4th Quarter Actual Requisition. The Grantee shall provide the Grantor copies of the quarterly report at the request of the Grantor. The reports shall contain the following information: (i) A summary of all public transportation service coordination meetings, initiatives, and activities undertaken by the Grantee and the Grantee’s operator(s), if any; (ii) A summary and analysis of the activities monitored pursuant to this Accomplishment of the Project section, with recommendations and timeframes to correct any problems identified. For the service contracts, if any, in addition to a summary of the items being monitored, the Grantee shall also provide the following information: a list of all service contracts associated with the Project, including any service contracts between the Grantee’s operator and a third party within the Grantee’s territorial boundaries, a nd a summary of the Grantee’s efforts to obtain additional service contracts; (iii) A summary and analysis of public transportation complaints and, if applicable, the satisfaction of any entity receiving service from the Grantee or its operator pursuant to a service contract, as well as recommendations and timeframes to correct any problems identified; (iv) For the annual report to the Grantor, an accounting of all PTA transactions during the Term of the Agreement and the amount of funds in the PTA to be carried over for future public transportation capital or operating expenses; and (v) Any additional information requested by the Grantor. ARTICLE LIII LABOR LAW COMPLIANCE 53.1. Standard Public Transportation Employee Protective Arrangements - To the extent that FTA determines that DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 60 of 69 public transportation operations are involved, the Grantee agrees to carry out the public transportation operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Grant and to meet the employee protective requirements of 49 U.S.C. § 5333(b), and U.S. DOL guidelines, “Section 5333(b), Federal Transit Law,” 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Grantee’s Project from which federal assistance is provided to support work on the underlying contract. The Grantee agrees to carry out that work in compliance with the conditions stated in the U.S. DOL’s certification. The requirements of this subsection, however, do not apply to any agreement financed with federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2) or subsection 3007 of FAST Act , for projects for nonurbanized areas authorized by 49 U.S.C. § 5311, or projects for the over -the- road bus accessibility program authorized by § 3038 of the Transportation Equity Act for the 21st Century (TEA-21), Pub. L. 105-178, June 9, 1998, as amended, and as amended by § 3007 of FAST Act, 49 U.S.C. Section 5310 note. Alternative provisions for those projects are set forth below. 53.2. Public Transportation Employee Protective Arrangements for Projects in Nonurbanized Areas - If the grant involves transit operations financed in whole or in part with 49 U.S.C. § 5311 federal assistance, the Grantee agrees to comply with the terms and conditions of the most current Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor and the procedures implemented by U.S. DOL Guidelines in accordance with “Section 5333(b), Federal Transit Law,” 29 CFR Part 215, or any revisions thereto. 53.3. Employee Protective Arrangements for Projects Financed by Over -the-Road Bus Accessibility Program - To the extent applicable, the Grantee agrees to comply with the terms and conditions of the most current Sp ecial Warranty for the Over-the-Road Bus Accessibility Program agreed to by the U.S. Secretary of Transportation and Labor, and with the U.S. DOT guidelines, “Section 5333(b), Federal Transit Law,” 29 CFR Part 215 and any revisions thereto. 53.4 The Grantee agrees to comply with the specific U.S. Department of Labor Transit Employee Protective Requirements incorporated herein by reference and on file with the Grantor. ARTICLE LIV CONTINUANCE OF SERVICE 54.1. The Grantee agrees to use its best efforts to continue to provide, either directly, through a service agreement, intergovernmental agreement, or by contract, as the case may be, the public transportation services described in the Grantee's final, approved application and service plan. No reduction or termination of such service shall be made without compliance with all applicable statutory and regulatory provisions, and the approval of the Grantor. Unless otherwise approved by the Grantor in writing, at least thirty (30) days prior to (a) any proposed reduction or termination of such service or (b) the filing of a request for such reduction or termination with the Grantor, whichever comes first, the Grantee shall give written notice of the proposed action to all units of local government within the Grantee's service area. The Grantee shall give written notice of the proposed reduction or termination of service to the Grantor, detailing the services that are proposed for reduction or termination. The Grantor shall approve or disapprove the proposed reduction or termination prior to the expiration of the notice period. ARTICLE LV REAL PROPERTY, EQUIPMENT AND SUPPLIES DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 61 of 69 55.1. The Grantee acknowledges that the federal government retains an interest in Project Facilities until, and to the extent, that the federal government relinquishes its interest in such Project Facilities. Unless otherwise approved by the Grantor in writing, the following conditions apply to real property, equipment and supplies financed or paid for with funds paid to the Grantee under this Agreement. (a) Use of Project Facilities - The Grantee agrees that Project Facilities shall be used for the provision of Project transit services for the duration of their useful life, as determined by the Grantor. Should the Grantee unreasonably delay or fail to use Project Facilities for the Project during their useful life, the Grantee agrees that the Grantor may require the Grantee to return the entire amount (or a portion thereof) of Grant funds that were paid to Grantee for the Project. The Grantee further agrees to notify the Grantor within 30 calendar days from the date any Project Facilities are withdrawn from use in transit service or when Project Facilities are used in a manner substantially different from the representation made by the Grante e in its Application. (b) The Grantee shall keep satisfactory records with regard to the use of the Project Facilities and shall submit to the Grantor upon request such information as the Grantor may require in order to assure compliance with this Real Property, Equipment and Supplies section, and the Grantee shall immediately notify the Grantor in all cases where Project Facilities are used in a manner substantially different from that described in the Grantee’s final, approved application. The Grantee shall maintain in amount(s) and form satisfactory to the Grantor, such insurance or self-insurance as will be adequate to protect Project Facilities throughout the period of required use. The cost of such insurance shall not be an item of eligible cost under this Agreement. The Grantee shall also submit, from time to time, to the Grantor upon request, a certification that the Project Facilities are still being used in accordance with the terms of this Agreement and further certify that no part of the local contribution to the cost of the Project has been refunded or reduced. 55.2. Maintenance - The Grantee agrees to maintain any Project Facilities at a high level of cleanliness, safety, and mechanical soundness and in accordance with any guidelines, directiv es, or regulations that the Grantor, FTA, manufacturer, or contractor may issue (the stricter standard to apply unless expressly excused by the Grantor), including, but not limited to "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR part 1201. For vehicles, the manufacturer’s suggested maintenance and inspection schedule will be considered the minimum maintenance standard that must be adhered to. For vehicles, the Grantee must establish and follow a written maintenance plan, which includes pre-trip inspections, a preventative maintenance program, and documentation of routine maintenance and repairs. For fixed facilities, the Grantee shall establish and follow a written maintenance plan and document any maintenance and repairs performed. The Grantor and FTA shall have the right to conduct periodic inspections for the purpose of confirming proper maintenance pursuant to this Real Property, Equipment and Supplies section. The Grantor reserves the right to require the Grantee to restore, repair or replace Project Facilities or pay for damage as a result of abuse, neglect, or misuse of such Project Facilities. 55.3. If, at any time during the useful life of the Project Facilities, any of the Project Facilitie s are not used for the purposes specified in this Agreement, whether by planned withdrawal, misuse, or casualty loss, the Grantee shall immediately notify and receive approval from the Grantor prior to disposing of such Project Facilities. Any such disposition shall be in accordance with Grantor procedures and this Agreement. 55.4. Transfer of Project Facilities (a) Grantee Request - The Government agrees that the Grantee may transfer Project Facilities financed under the Downstate Public Transportation Act or the Federal Transit Act, as amended, to a public body to be used solely for public purposes, with no further obligation to the Government, provided that the transfer is approved, in advance, by the Grantor (and the Federal Transit Administration, whe re required), and conforms with the requirements of DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 62 of 69 49 U.S.C. Section 5334(h)(1) through 5334(h)(3). (b) Government Direction - The Grantee agrees that the Government may require the Grantee to transfer title of any Project Facilities financed in whole or in part with federal assistance made available by this Agreement, to the Government or as directed by the Grantor. The Grantee also agrees that the Government may direct the disposition of Project Facilities financed with federal assistance funds made avai lable under this Agreement, as set forth by 49 CFR Parts 18.31 and 18.32. 55.6. Withdrawn Property - If any Project Facilities are not used in public transit service for the duration of their useful life as determined by the Grantor, whether by planned withdrawal, misuse or casualty loss, the Grantee agrees to notify the Grantor thereof at least 30 calendar days prior to a planned withdrawal and not later than 30 days following misuse or casualty loss. (a) Federal and/or State Interest in Property - Unless otherwise approved by the Government in the above circumstances, the Grantee agrees to remit to the Grantor the Government interest in the fair market value, if any, of the Project Facility or any item of the Project Facilities whose unit value exceeds $5,000, at the option of the Grantor. The portion of that interest shall be determined on the basis of the ratio of the assistance provided by the Government for the particular Project Facility to the actual cost of the Project. In the event the Project Fa cility is prematurely destroyed by fire, casualty, or natural disaster, the Grantee may, alternatively, fulfill its responsibilities with respect to the damaged facilities, by investing an amount equal to the value of the remaining Government interest in like-kind facilities that are eligible for assistance within the scope of the Project. (b) Fair Market Value - The following requirements apply to the calculation of fair market value: (c) Project Facilities - Unless otherwise approved in writing by the Grantor, the fair market value of the particular Project Facilities involved will be the value as of the time immediately before the occurrence that prompted the withdrawal of the Project Facilities from transit use. The fair market value shall be calcula ted by one of the following methods: (1) appraised value consistent with state standards and federal standards (49 CFR Part 24); (2) on a straight line depreciation of the Project Facilities, based on a useful life approved by the Grantor irrespective of the reason for withdrawal of Project Facilities from transit use, or (3) the actual proceeds from the public sale of such property. The particular method, in each instance, shall be approved by the Grantor with an objective to obtain the highest fair market value. Any appraiser employed for such purposes shall have experience in appraising similar project equipment and facilities in accordance with state and federal standards. The fair market value of any of the Project Facilities lost or damaged by casualty or fire will be calculated on the basis of the condition of such Project Facilities immediately before the casualty or fire, irrespective of the extent of insurance coverage. (d) Exceptional Circumstances - The Government, however, reserves the right to require another method of valuation to be used if determined to be in the best interest of the Government. In unusual circumstances, the Grantee may request that the Government approve the use of another reasonable method of determining fair market value, including but not limited to accelerated depreciation, comparable sales, or estimated market values. In determining whether to approve an alternate method, the Government may consider any action taken, omission made, or unfortunate occurrence suffered by the Grantee with respect to the preservation or conservation of the value of the particular Project Facilities that, for any reason, have been withdrawn from service. 55.7. Disposition of Property - After the end of its useful life, if any Project Facility funded through this Agreement is planned to be disposed of, the Grantee shall notify the Grantor thereof not later than 30 days prior to its planned disposition. 55.8. Misused or Damaged Property - If damage to any Project Facilities results from abuse, neglect, or misuse that DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 63 of 69 has taken place with the Grantee’s knowledge and consent, the Grantee agrees that the Government may require the Grantee to restore those Project Facilities to their original condition, at the Grantee’s sole expense, or refund the fair market value of the Government interest in such damaged Project Facility. 55.9. Obligations After Project Close-Out - A Grantee that is a governmental entity agrees that project close- out will not alter its property management obligations set forth in this Agreement and as required by 49 CFR Parts 18.31 and 18.32. 55.10. Encumbrance of Project Property - Unless expressly authorized in writing by the Government, the Grantee agrees to refrain from: (a) Executing any transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way would affect the Government interest in any of the Project Facilities; or (b) Obligating itself in any manner to any third party which could result in an encumbrance of any of the Project Facilities. 55.11. Insurance Proceeds - If the Grantee receives insurance proceeds as a result of damage or destruction to the Project Facilities, the Grantee agrees to (i) apply those insurance proceeds to the cost of replacing the damaged or destroyed Project Facilities, (ii) apply such insurance proceeds towards the Project, if agreed to in writing by the Grantor, or (iii) return to the Grantor an amount equal to the remaining Government interest in the damag ed or destroyed Project Facilities. ARTICLE LVI PROCUREMENT 56.1. Contracts – Unless directed otherwise by the Grantor in writing, the Grantee must provide the Grantor notice of at least ten (10) business days before executing or obligating itself to an y contract funded with assistance provided through this Agreement for goods and property costing between $300 and $5,000 and any contract funded with assistance provided through this Agreement for services below $100,000. All contracts funded with assistance provided through this Agreement for services for $100,000 or more must be approved by the Grantor prior to the Grantees bid solicitation, executing, or obligating itself to such contract. Failure to notify the Grantor may result in the expense being deemed an ineligible cost pursuant to this Agreement. Any such contract or subcontract shall contain all of the required contract clauses, if any, provided pursuant to this Agreement, and conform to the most recent requirements of FTA 4220.1E “Third Party Contracting Guidance” and “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR part 1201, and other applicable federal regulations pertaining to third party procurements and subsequent amendments thereto. The Grantee shall follow state and federal law and procedures (and local policies not inconsistent therewith) when awarding and administering contracts. The Grantee agrees to give full opportunity for free, open and competitive procurement for each contract as required by state and federal law. No change or modification of the scope or cost shall be made to any such approved contract without prior Grantor approval in writing. 56.2 Exclusionary or Discriminatory Specifications - Apart from inconsistent requirements imposed by federal and state law, the Grantee agrees and shall require all of its contractors for the Project to agree that no federal or state funds shall be used to support procurement utilizing exclusionary or discriminatory specifications and i t will comply with 49 U.S.C. Section 5323(h). DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 64 of 69 56.3. Award to Other Than the Lowest Bidder - In accordance with 49 U.S.C. § 5325(c), the Grantee may award a third party contract to other than the lowest responsive responsible bidder in connection with a procurement, only when such award furthers an objective (such as improved long-term operating efficiency and lower costs) consistent with the purposes of 49 U.S.C. Chapter 53, and any implementary regulations that FTA may issue. 56.4. Award to Responsive and Responsible Contractors - In compliance with 49 U.S.C. § 5325(j), the Grantee agrees to award third party contracts only to those contractors possessing the ability to successfully perform under the terms of the proposed procurement. Before awarding a third-party contract, the Grantee agrees to consider: (a) The third-party contractor’s integrity; (b) The third-party contractor’s compliance with public policy; (c) The third-party contractor’s past performance, including the performance reported in Contractor Performance Assessment Reports required by 49 U.S.C. § 5309(l)(2), if any; and (d) The third-party contractor’s financial and technical resources. 56.5. Force Account - FTA and the Grantor reserve the right to refuse or limit their participation in force account costs. 56.6. Capital Leases - To the extent applicable, the Grantee agrees to comply with FTA regulations, “Capital Leases,” 49 CFR Part 639, and any revision thereto and state capital leasing guidelines. 56.7. Buy America - Each third-party contract utilizing FTA assistance must conform with 49 U.S.C. Section 5323(j), and FTA regulations, "Buy America Requirements,” 49 CFR Part 661 and any later amendments thereto. The Grantee has read and signed the Buy America Certification (as part o f the Grantee’s most current FTA Certifications and Assurances which is incorporated herein by reference and is on file with the Grantor as stated in the Grantee’s Program Specific Warranties section in PART THREE below). The Grantee will incorporate the provisions of the Buy America Certification as a part of every relevant third-party contract. 56.8. Cargo Preference - Use of United States Flag Vessels - The Grantee agrees to comply with 46 CFR Part 381 and to insert the substance of those rules in all applicable contracts issued pursuant to this Agreement. 56.9. Preference for Recycled Products - To the extent applicable, the Grantee agrees to give preference to the purchase of recycled products for use in this Project pursuant to the various U.S. Envir onmental Protection Agency (EPA) guidelines, “Comprehensive Procurement Guidelines for Products Containing Recovered Materials,” 40 CFR Part 247, which implements Section 6002 of the Resource Conservation and Recovery Act, as amended, 45 CFR Part 74.16 codified at 42 U.S.C. § 6962. 56.10. Bus Testing - To the extent applicable, the Grantee agrees to comply with the requirements of 49 U.S.C. § 5318(e) and FTA regulations, "Bus Testing," 49 CFR Part 665, and any amendments to those regulations that may be promulgated. 56.11. Geographic Restrictions - The Grantee and its contractors agree to refrain from using state or local geographic preferences, except those expressly mandated or encouraged by federal statute, and as permitted by the Grantor and FTA. DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 65 of 69 56.12. Third Party Disputes or Breaches - The Grantee agrees to pursue all legal rights available to it in the enforcement and defense of any third party contract, and FTA and the Grantor reserve the right to concur in any compromise or settlement of any third party contract claim involving the Grantee. The Grantee will notify FTA and the Grantor of any current or prospective major dispute pertaining to any third party contract. If the Grantee seeks to name the Government as a party to the litigation, the Grantee agrees to inform both FTA and the Grantor before doing so. The Government retains a right to a proportionate share of any proceeds derived from any third party recovery. Unless permitted otherwise by the Government, the Grantee will credit the Project account with any liquidated damages recovered. Nothing herein is intended to nor shall it waive FTA’s or the Grantor’s immunity to suit. 56.13. Fly America - The Grantee will comply with 49 U.S.C. Section 40118, 4 CFR Part 52 and U.S. GAO Guidelines B-138942, 1981 U.S. Comptroller General LEXIS 2166, March 31, 1981 regarding costs of international air transportation by U.S. Flag air carriers. 56.14. Steel Products – The Grantee shall comply with the applicable provisions of the Steel Products Procurement Act, 30 ILCS 565, when procuring such products for construction projects funded by state funds. 56.15. National Intelligent Transportation Systems Architecture and Standards - To the extent applicable, the Grantee shall comply with the National Intelligent Transportation Systems (ITS) Architecture and Standards as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), as amended by the SAFETEA-LU Technical Corrections Act of 2008, Pub. L. No. 110-244, June 6, 2008, § 5307(c), 23 U.S.C. § 512 note, and the provisions of FTA Notice “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing directives. 56.16. Operating Capital - (Equipment and Supplies between $300 and $5,000). The Grantee agrees to follow the procedures and practices for the treatment of Operating Capital costs as set forth in the Grantor’s guidelines contained in the Section 5310/5311 State Management Plan and any other policies or procedures which the Grantor may issue from time to time. For the purposes of carrying out the Project, the Grantee is to treat certain Operating Capital costs according to the Grantor’s Operating Capital guidelines as follows: (a) Operational Support costs are those eligible Operating Capital items or activities that each have a total cost of $300 or less; require documentation for audit purposes; need not be recorded in the Grantee’s Capital Asset Inventory; and do not require prior Grantor concurrence and procurement procedures. (b) Equipment and Property costs are those eligible Operating Capital items or activities (exclusive of vehicles) that each have a total cost of between $300 and $5,000; must notify the Grantor before purchase; must be properly documented and recorded in the Grantee’s Capital Asset Inventory; and must conform to Grantor specified procurement procedures. (c) Any equipment or property costing more than $5,000 is deemed a capital purchase an d an ineligible cost pursuant to this Agreement. All capital projects funded through Operating Capital procedures must be used exclusively (100%) for Section 5311, 49 U.S.C. Section 5311 (formerly Section 18) transit purposes. The Grantee may use only up to 5% of its Section 5311 operating funds to fund the 50% share of Operating Capital costs for equipment and property between $300 and $5,000. 56.17. Operating Capital Obligations, Expenditures and Control - To be eligible for reimbursement under this Agreement, eligible Operating Capital costs must be incurred during the fiscal year governed by this Agreement. Costs shall be considered incurred if the Grantee has obligated the funds by entering into a third -party agreement DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 66 of 69 or completed a force account activity within the fiscal year governed by this Agreement. The Grantee shall maintain ownership of any capital asset purchased even if the user of the asset is an operating entity other than the Grantee. The Grantee must notify the Grantor (and provide supporting documentation satisfactory to the Grantor) at the time obligations are made and prior to payment to a vendor or contractor. ARTICLE LVII ACCOUNTING, RECORDS, AND ACCESS 57.1. Public Transportation Account – The Grantee shall establish and maintain a separate account(s), for the Project (hereinafter referred to as a “Public Transportation Account” or a “PTA”) in conformity with requirements established by the Grantor. The account(s) shall be in a federally insured bank or trust company. 57.2. Funds Received or Made Available for the Project – The Grantee shall only deposit the following in the PTA: all Grant payments received by it from the Grantor pursuant to this Agreement, and all other funds provided for or otherwise received by the Grantee or its public transportation operator(s) on account of the Project and Project Facilities (hereinafter collectively referred to as “Project Funds”). Examples of such types of funds include, but are not limited to, local contribution, revenue from service contracts, etc. All deposits and withdrawals made from the PTA shall be documented on forms provided by the Grantor. The Grantee shall require the depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, by the deposit or setting aside of collateral of the types and in the manner as described by State law for the security of public funds or as approved by FTA. All Project Funds held by the Grantee shall draw interest and the amount of such interest earned shall be reported to the Grantor in the annual PTA report. Such interest shall be applied to the Project Cost as directed by the Grantor. Project Funds may only be used for the following expenses: (a) Eligible costs; and (b) Operating expenditures directly related to the Project, pursuant to Grantor procedures. 57.3. Documentation of Project Costs - All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the charges, in form and content satisfactory to the Grantor. 57.4. Checks, Orders, and Vouchers - Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Public Transit Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose of which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other documents. 57.5. Audit and Inspection - Pursuant to "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR part 1201, the Grantee shall permit, and shall require its contractors to DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 67 of 69 permit, the Grantor or any other state or federal agency authorized to perform audits and inspections, to inspect all work, work sites, materials, payrolls, and other data and records, with regard to the Project, and to audit the books records and accounts of the Grantee and its contractors with regard to the Project as required by 49 U.S.C. § 5325(g). Grantee agrees to permit the Grantor to conduct scheduled or unscheduled inspections of Grantee's public transportation services. Such inspections shall be conducted at reasonable times, without unreasonable disruption or interference with any transportation service or other business activity of the Grantee or any Service Board. The Grantor may also require the Grantee to furnish at any time prior to close-out of the Project, audit reports prepared according to generally accepted accounting principles. The Grantor may, at its sole discretion and at its own expense, perform a final audit of the Project. Such audit may be used for settlement of the grant and Project closeout. The Grantee agrees to comply promptly with recommendations contained in the Grantor's final audit report. (a) Grantee’s Independent Audit - Grantee shall select an independent licensed Certified Public Accountant to perform an audit pursuant to the requirements of Ill. Admin. Code tit. 92, § 651.403. The standards for selection of the auditor and the scope and contents of the audit are contained in Ill. Admin. Code tit. 92, § 651.403; Grantee and its auditor shall become familiar with the pertinent sections of the Illinois Administrative Code and adhere to its provisions in completion of the audit. The audit shall also be completed in conformity with the Single Audit Act (31 USC 7501 et seq.), and shall include a statement, if applicable, that any allocation of revenues and expenses to the program of approved expenditures funded under this Agreement is in accordance with a cost allocation plan approved by the Grantor. Grantee's audit must include a schedule of operating revenues and expenses for the participant’s grant contract period on forms prescribed by the Grantor. Grantee's independent audit shall be submitted to the Grantor no later than 180 days following the last day of the Term of the Agreement. This deadline may be changed, at the discretion of the Grantor, to accommodate the participant’s fiscal year periods or due to unforeseen circumstances. 57.6. Access to Records of Grantees - The Grantee agrees to permit the U.S. Secretary of Transportation, the Comptroller General of the United States, and to the extent appropriate, the State, or their authorized representatives, upon their request to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee pertaining to the Project, a s required by 49 U.S.C. § 5325(g). The Grantee further agrees to provide, at as many tiers of the Project as required, sufficient access to records as needed for compliance with federal regulations or to assure proper Project management as determined by t he Government. 57.7. Unused Funds - The Grantee agrees that upon completion of the Project, and after payment or provision for payment or reimbursement of all eligible costs, the Grantee shall refund to the Grantor any unexpended balance of the Grant. Prior to close-out, however, the Grantor reserves the right to deobligate unspent funds. ARTICLE LVIII PROJECT CLOSEOUT 58.1. Upon the Grantor's receipt of the Grantee’s independent audit report of the Project, the Grantor shall perform a review of the Grantee’s independent audit to determine whether to approve the independent audit. Once the Grantee’s independent audit has been approved by the Grantor, the Grantor shall determine the eligibility of costs incurred and shall make a final determination of amou nts due to the Grantee under this Agreement. If the Grantor has made payment to the Grantee in excess of the final total amount determined by the Grantor- approved independent audit to be due the Grantee, the Grantee shall promptly remit such excess to the Grantor. At the discretion of the Grantor, several years of audit reconciliation balances may be combined to allow for one payment to reconcile minor annual reconciliation balances. The Project close -out occurs when the Grantor DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 68 of 69 notifies the Grantee that the Project is closed-out and forwards the final Grant payment, as determined by the Grantor-approved independent audit to the Grantee, or when an appropriate refund of Grant funds, as determined by the Grantor-approved independent audit, has been received from the Grantee and acknowledged by the Grantor. Close-out shall be subject to any continuing obligations imposed on the Grantee by this Agreement or contained in the final notification or acknowledgment from the Grantor. Payment issues, audit issues or any other matters pertaining to the grant may not be subsequently raised and are forever settled upon Project closeout. ARTICLE LIX SCHOOL BUS AND CHARTER SERVICES OPERATIONS 59.1. School Bus Operations - Pursuant to 20 ILCS 2705/2705-305(f), 49 U.S.C. Section 5323(f) or (g), as applicable, and FTA regulations, “School Bus Operations,” 49 CFR Part 605, and as a condition of receiving grant monies from the Grantor, the Grantee certifies, by signing this Agreement, that it is not engaged in school bus operations exclusively for the transportation of students and school bus personnel in competition with private school bus operators where such private school bus operators are available to provide adequate transportation at reasonable rates in conformance with applicable safety standards. If the Grantee does engage in school bus operations exclusively for the transportation of students and school bus personnel as described above, then the Grantee certifies that it operates a school system in the area to be served thereby and operates a separate and exclusive school bus program for the school system. The Grantee further agrees and certifies that it shall immediately notify the Grantor in writing of its involvement in or its intention to become involved in any sc hool bus operation prohibited by Section 2705-305(f) after the date of this certification and this Agreement. 59.2. Charter Bus Operations - Neither the Grantee nor any transit operator performing work in connection with this Project shall engage in charter service operations, except as permitted by 49 U.S.C. § 5323(d) and FTA regulations "Charter Service," 49 CFR Part 604, and any subsequent Charter Service regulations or federal directives that may be issued, except to the extent that FTA determines otherwise in writing. Any charter service agreement entered into under these regulations is incorporated into this Agreement by reference. The Grantee agrees not to engage in either school bus or charter operations, and has further signed the certification included in the FTA Certifications and Assurances which is incorporated herein by reference and is on file with the Grantor as stated in the Grantee’s Program Specific Warranties section below. If the Grantee or any operator violates the charter or school bus agreement required by 49 U.S.C. § 5323(f), the violator will be barred from receiving federal transit assistance in an amount to be determined by FTA or U.S. DOT. ARTICLE LX GRANTEE’S PROGRAM SPECIFIC WARRANTIES 60.1. The Grantee certifies that prior to Grantor execution of this Agreement, the Grantee has provided to the Grantor: (a) An executed copy of the most current FTA Certifications and Assurances which is incorporated herein by reference and is on file with the Grantor; and (b) An executed Section 5333b Special Warranty which is incorporated herein by reference and is on file with the DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 Agreement No.__OP-22-13-FED (22-0338-29858)__ State of Illinois INTERGOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3/4/21 Page 69 of 69 Grantor. PART THREE ATTACHMENT 1 UNIFORM BUDGET Rest of this page intentionally left blank DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) This form is used to apply to individual State of Illinois discretionary grant programs. Applicants should submit budgets bas ed upon the total estimated costs for the project including all funding sources. Pay attention to applicable program specific instructions, if attached. The applicant organiza tion should refer to 2 CFR 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” c ited within these instructions. You must consult with your Business Office prior to submitting this form for any award restrictions, limitations or requireme nts when filling out the narrative and Uniform Budget Template. Section A – Budget Summary STATE OF ILLINOIS FUNDS All applicants must complete Section A and provide a break -down by the applicable budget categories shown in lines 1 -17. Eligible applicants requesting funding for only one year should complete the column under " Year 1." Eligible applica nts requesting funding for multi-year grants should complete all applicable columns. Please read all instructions before completing form. STATE OF ILLINOIS GRANT FUNDS Provide a total requested State of Illinois Grant amount for each year in the Revenue portion of Section A. The amount entered in Line (a) will equal the total amount budgeted on Line 18 of Section A. BUDGET SUMMARY – STATE OF ILLINOIS FUNDS All applicants must complete Section A and provide a break -down by the applicable budget categories shown in lines 1-17. Line 18: Show the total budget request for each fiscal year for which funding is requested. Please use detail worksheet and narrative section for further descriptions and explanations of budgetary line items. Section A (continued) Indirect Cost Information: (This information should be completed by the applicant’s Business Office). If the applicant is requesting reimbursement for indirect costs on line 17, the applicant’s Business Office must select one of the options listed on the Indir ect Cost Information page under Section-A Indirect Cost Information (1-4). Option (1): The applicant has a Negotiated Indirect Cost Rate Agreement (NICRA) that was approved by the Federal government. A copy of this agreement must be provided to the State of Illinois’ Indirect Cost Unit for review and documentation. This NICRA will be accepted by all State of Illinois Agencies u p to any statutory, rule- based or programmatic restrictions or limitations. If this option is selected by the applicant, basic inf ormation is required for completion of this section. See bottom of “Section-A Indirect Cost Information”. NOTE: The applicant may not have a Federally Negotiated Indirect Cost Rate Agreement. Therefore, in order for the applicant t o be reimbursed for Indirect Costs from the State of Illinois, the applicant must either: A) Negotiate an Indirect Cost Rate with the State of Illinois’ Indirect Cost Unit with guidance from our State Cognizant Agency on an annual basis. B) Elect to use the de minimis rate of 10% modified total direct cost (MTDC) which may be used indefinitely on State of Illinois Awards. C) Use a Restricted Rate designated by programmatic statutory policy. (See Notice of Funding Opportunity for Restricted Rate Programs). Page 1 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Section A – Budget Summary (continued) Option (2a): The applicant currently has a Negotiated Indirect Cost Rate Agreement with the State of Illinois that will be ac cepted by all State of Illinois Agencies up to any statutory, rule-based or programmatic restrictions or limitations. The applicant is required to submit a new Indirect Cost Rate Proposal to t he Indirect Cost Unit within six (6) months after the close of each fiscal year (2 CFR 200 Appendix IV (C)(2)(c). Note: If this option is selected by the applicant, basic information is required for completion of this section. See bottom of “Section-A Indirect Cost Information”. Option (2b): The applicant currently does not have a Negotiated Indirect Cost Rate Agreement with the State of Illinois. The applicant must submit its initial Indirect Cost Rate Proposal (ICRP) immediately after the applicant is advised that the State awar d will be made and, in no event, later than three (3) months after the effective date of the State award (2 CFR 200 Appendix IV (C)(2)(b). The initial ICRP will be sent to the State of Illinois’ Indirect Cost Unit. Note: The applicant should check with the State of Illinois awarding Agency for information regarding reimbursement of indirect costs while its proposal is being negotiated. Option (3): The applicant elects to charge the de minimis rate of 10% modified total direct cost (MTDC) which may be used i ndefinitely on State of Illinois awards (2 CFR 200.414 (c)(4)(f) & (200.68). Note: (The applicant must be eligible, see 2 CFR 200.414 (f), and submit documentation on the calculation of MTDC within your Bud get Narrative under Indirect Costs.) Option (4): If you are applying for a grant under a Restricted Rate Program, indicate whether you are using a restricted indirect cost rat e that is included on your approved Indirect Cost Rate Agreement, or whether you are using a restricted indirect cost rate that com plies with statutory or programmatic policies. Note: See Notice of State Award for Restricted Rate Programs. Section B – Budget Summary NON-STATE OF ILLINOIS FUNDS NON-STATE OF ILLINOIS FUNDS: If the applicant is required to provide or volunteers to provid e cost-sharing or matching funds or other non-State of Illinois resources to the project, the applicant must provide a revenue breakdown of all Non-State of Illinois funds in lines (b)-(d). the total of “Non-State Funds” should equal the amount budgeted on Line 18 of Section B. If a match percentage is required, the amount should be entered in this section. BUDGET SUMMARY – NON-STATE OF ILLINOIS FUNDS If the applicant is required to provide or volunteers to provide ost-sharing or matching funds or other non-State of Illinois resources to the project, these costs should be shown for each applicable budget category on lines 1017 of Section B. Lines 1-17: For each project year, for which matching funds or other contributions are provided, show the total cont ribution for each applicable budget category. Line 18: Show the total matching or other contribution for each fiscal year. Please see detail worksheet and narrative section for further descriptions and explanations of budgetary line items. Page 2 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Section C – Budget Worksheet & Narrative [Attach separate sheet(s)] Pay attention to applicable program specific instructions, if attached. All applicants are required to submit a budget narrative along with Section A and Section B. The budget narrative is sometimes referred to as the budget justification. The narrative serves two purposes: it explains how the costs were estimated and it justifies the need for the cost. The narrative may include tables for clarification purposes. The State of Illinois recommends using the State of Illinois Uniform Budget Template worksheet and narrative guide provided. 1. Provide an itemized budget breakdown, and justification by project year, for each budget category listed in Sections A and B. 2. For non-State of Illinois funds or resources listed in Section B that are used to meet a cost -sharing or matching requirement or provided as a voluntary cost- sharing or matching commitment, you must include: a. The specific costs or contributions by budget category; b. The source of the costs or contributions; and c. In the case of third-party in-kind contributions, a description of how the value was determined for the donated or contributed goods or services. [Please review cost sharing and matching regulations found in 2 CFR 200.306.] 3. If applicable to this program, provide the rate and base on which fringe benefits are calculated. 4. If the applicant is requesting reimbursement for indirect costs on line 17, this information should be completed by the appli cant’s Business Office. Specify the estimated amount of the base to which the indirect cost rate is applied and the total indirect expense. Depending on the gran t program to which the applicant is applying and/or the applicant’s approved Indirect Cost Rate Agreement, some direct cost budget categories in the applicant’s grant application budget may not be included in the base and multiplied by your indirect cost rate. Please indicate which costs are included and which costs are excluded from th e base to which the indirect cost rate is applied. 5. Provide other explanations or comments you deem necessary. Page 3 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Keep in mind the following— Although the degree of specificity of any budget will vary depending on the nature of the project and State of Illinois agency requirements, a complete, well-thought-out budget serves to reinforce your credibility and increase the likelihood of your proposal being funded. ■ A well-prepared budget should be reasonable and demonstrate that the funds being asked for will be used wisely. ■ The budget should be as concrete and specific as possible in its estimates. Make every effort to be realistic, to estimate co sts accurately. ■ The budget format should be as clear as possible. It should begin with a budget narrative, which you should write after the entire budget has been prepared. ■ Each section of the budget should be in outline form, listing line items under major headings and subheadings. ■ Each of the major components should be subtotaled with a grand total at the end. Your budget should justify all expenses and be consistent with the program narrative: ■ Salaries should be comparable to those within the applicant organization. ■ If new staff is being hired, additional space and equipment are considered, as necessary. ■ If the budget lists an equipment purchase, it is the type allowed by the agency. ■ If additional space is rented, the increase in insurance is supported. ■ If an indirect cost rate applies to the proposal, the division between direct and indirect costs is not in conflict, and the aggregate budget totals refer directly to the approved formula. Indirect costs are costs that are not readily assignable to a particular project, but are necessary to the operation of the organization and the performance of the project (like the cost of operating and maintaining facilities, depreciation, and administrative salaries). §200.308 Revision of budget and program plans (e) The Federal/State awarding agency may, at its option, restrict the transfer of funds am ong direct cost categories or programs, functions and activities for Federal/State awards in which the Federal/State share of the project exceeds the Simplified Acquisition Threshold and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent or $1,000 per detail line item, whichever is greater of the total budget as last approved by the Federal/State awarding agency. The Federal/State awarding agency cannot permit a transfer that would cause any Federal/State appropriation to be used for purposes other than those consistent with the appropriation. Page 4 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 GOMBGATU-3002-(R-02-17) State of Illinois UNIFORM GRANT BUDGET TEMPLATE State Agency: Illinois Department of Transportation Organization Name: City of Galesburg Notice of Funding Opportunity (NOFO) Number: 22-494-80-0338-01 Data Universal Number System (DUNS) Number (enter numbers only): 075614834 Catalog of State Financial Assistance (CSFA) Number: ___494-80-0338 CSFA Short Description: Section 5311 Operating__________________ Section A: State of Illinois Funds: Fiscal Year: 2022 REVENUES Total Revenue State of Illinois Grant Requested Budget Expenditure Categories OMB Uniform Guidance Federal Awards Reference 2 CFR 200 Total Expenditures 1. Personnel (Salary and Wages) 200.430 $ $154,380.00 2. Fringe Benefits 200.431 $ $71,042.00 3. Travel 200.474 $ $762.00 4. Equipment 200.439 $ $0.00 5. Supplies 200.94 $ $31,849.00 6. Contractual Services and Subawards 200.318 & 200.92 $ $16,866.00 7. Consultant (Professional Service) 200.459 $ $0.00 8. Construction $ $0.00 9. Occupancy (Rent and Utilities) 200.465 $ $4,812.00 10. Research and Development (R&D) 200.87 $ $0.00 11. Telecommunications $ $0.00 12. Training and Education 200.472 $ $0.00 13. Direct Administrative Costs 200.413 (c) $ $0.00 14. Miscellaneous Costs $ $508.00 15. A. Grant Exclusive Line Item(s) $ $24,116.00 15. B. Grant Exclusive Line Item(s) $ $0.00 15. C. Grant Exclusive Line Item(s) $0.00 16. Total Direct Costs (add lines 1-15) 200.413 $ $304,335.00 17. Total Indirect Costs 200.414 $ $0.00 Rate %: $ Base: Instructions found at end of document. Page 5 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 GOMBGATU-3002-(R-02-17) State of Illinois UNIFORM GRANT BUDGET TEMPLATE 18. Total Costs State Grant Funds (Lines 16 and 17) MUST EQUAL REVENUE TOTALS ABOVE $304,335.00 Page 6 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Organization Name: City of Galesburg NOFO Number: 22-494-80-0338-01 SECTION A - Continued - Indirect Cost Rate Information If your organization is requesting reimbursement for indirect costs on line 17 of the Budget Summary, please select one of th e following options 1. Our Organization receives direct Federal funding and currently has a Negotiated Indirect Cost Rate Agreement (NICRA) with our Federal Cognizant Agency. A copy of this agreement will be provided to the State of Illinois' Indirect Cost Unit for review and documentation b efore reimbursement is allowed. This NICRA will be accepted by all State of Illinois agencies up to any statutory, rule-based or programmatic restrictions or limitations. NOTE: (If this option is selected, please, provide basic Negotiated Indirect Cost Rate Agreement in area designated below.) Your organization may not have a Federally Negotiated Cost Rate Agreement. Therefore, in order for your organization to be reimbursed for the Indirect Costs from the State of Illinois your organization must either: a. Negotiate an Indirect Cost Rate with the State of Illinois' Indirect Cost Unit with guidance from your State Cognizant Agency on an annual basis; b. Elect to use the de minimis rate of 10% modified for total direct costs (MTDC) which may be used indefinitely on State of Ill inois awards; or c. Use a Restricted Rate designated by programmatic or statutory policy (see Notice of Funding Opportunity for Restricted Rate Programs). 2a. Our Organizations currently has a Negotiated Indirect Cost Rate Agreement (NICRA) with the State of Illinois that will be accepted by all State of Illinois agencies up to any statutory, rule-based or programmatic restrictions or limitations. Our Organization is required to submit a new Indirect Cost Rate Proposal to the Indirect Cost Unit within 6 months after the close of each fiscal year [2 CFR 200, Appendix IV(C)(2)(c)]. NOTE: (If this option is selected, please provide basic Indirect Cost Rate information in area designated below.) 2b. Our Organization currently does not have a Negotiated Indirect Cost Rate Agreement (NICRA) with the State of Illinois. Our organization will submit our initial Indirect Cost Rate Proposal (ICRP) immediately after our Organization is advised that the State award will be made no later t han three (3) months after the effective date of the State award [2 CFR 200 Appendix (C)(2)(b)]. The initial ICRP will be sent to the S tate of Illinois Indirect Cost unit. Note: (Check with you State of Illinois Agency for information regarding reimbursement of indirect costs while your proposal is being negotiated.) 3. Our Organization has never received a Negotiated Indirect Cost Rate Agreement from either the Federal government or the St ate or Illinois and elects to charge the de minimis rate of 10% modified total direct cost (MTDC) which may be used indefinitely on State of Illinois awards [2 CFR 200.414 (C)(4)(f) and 200.68.] [Note: Your Organization must be eligible, see 2 CFR 200.414 (f), and submit documentation on the calculation of MTDC within your Budget Narrative under Indirect Costs.] 4. For Restricted Rate Programs, our Organization is using a restricted indirect cost rate that: is included as a "Special Indirect Cost Rate" in the NICRA, pursuant to 2 CFR 200 Appendix IV(5); or complies with other statutory policies. The Restricted Indirect Cost Rate is: % 5. No reimbursement of Indirect Cost is being requested. (Please consult your program office regarding possible match require ments.) Basic Negotiated Indirect Cost Rate Information (Use only if option 1 or 2(a), above is selected.) Period Covered by NICRA: From: To: Approving Federal or State Agency: Indirect Cost Rate: % The Distribution Base Is: Page 7 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Organization Name: City of Galesburg NOFO Number: 22-494-80-0338-01 Section B: Non-State of Illinois Funds Fiscal Year: 2022 REVENUES Total Revenue Grantee Match Requirement %: b) Cash $ c) Non-Cash $ d) other Funding and Contributions $ Total Non-State Funds (lined b through d) $ $0.00 Budget Expenditure Categories OMB Uniform Guidance Federal Awards Reference 2 CFR 200 Total Expenditures 1. Personnel (Salaries and Wages) 200.430 $ $1,061,920.00 2. Fringe Benefits 200.431 $ $488,668.00 3. Travel 200.474 $ $5,238.00 4. Equipment 200.439 $ $0.00 5. Supplies 200.94 $ $219,071.00 6. Contractual Services and Subawards 200.318 & 200.92 $ $116,034.00 7. Consultant (Professional Services) 200.459 $ $0.00 8. Construction $ $0.00 9. Occupancy (Rent and Utilities) 200.465 $ $33,098.00 10. Research and Development (R&D) 200.87 $ $0.00 11. Telecommunications $ $0.00 12. Training and Education 200.472 $ $0.00 13. Direct Administrative Costs 200.413 (c) $ $0.00 14. Miscellaneous Costs $ $3,492.00 15. A. Grant Exclusive Line Item(s) $ $165,884.00 15. B. Grant Exclusive Line Item(s) $ $0.00 15. C. Grant Exclusive Line Item(s) $0.00 16. Total Direct Costs (add lines 1-15) 200.413 $ $2,093,405.00 17. Total indirect Costs 200.414 $ $0.00 Rate %: Base: 18. Total Costs State Grant Funds (Lines 16 and 17) MUST EQUAL REVENUE TOTALS ABOVE $ $2,093,405.00 Page 8 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Organization Name: City of Galesburg Notice of Funding Opportunity (NOFO) Number: 22-494-80-0338-01 Data Universal Number System (DUNS) Number (enter numbers only): 075614834 Catalog of State Financial Assistance (CSFA) Number: __494-80-0338______________________ CSFA Short Description: Section 5311 Operating By signing this report, I certify to the best of my knowledge and belief that the report is true, complete and accurate and that any false, fictitious or fraudulent information or the omission of any material fact could result in the immediate termination of my grant award(s). Institution/Organization Name: Institution/Organization Name: Title (Chief Financial Officer or equivalent): Title (Executive Director or equivalent): Printed Name (Chief Financial Officer or equivalent): Printed Name (Executive Director or equivalent): Signature (Chief Financial Officer or equivalent): Signature (Executive Director or equivalent): Date of Execution (Chief Financial Officer): Date of Execution (Executive Director): Note: The State Awarding Agency may change required signers based on the grantee's organizational structure. The required signers must have the authority to enter onto contractual agreements on the behalf of the organization. CFO_Sign CFO_Date Authorize_Date Authorize_Sign Page 9 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) FFATA Data Collection Form (if needed by agency) Under FFATA, all sub-recipients who receive $30,000 or more must provide the following information for federal reporting. Please fill out the following form accu rately and completely. 4-digit extension if applicable: Sub-recipient DUNS: 075614834 Sub-recipient Parent Company DUNS: Sub-recipient Name: City of Galesburg Sub-recipient DBA Name: City of Galesburg Sub-recipient Street Address: 1025 Monmouth BLVD City: Galesburg State: Illinois Zip-Code: 61401 Congressional District:17 Sub-recipient Principal Place of Performance: City: Galesburg State: Illinois Zip-Code: 61401 Congressional District: 17 Contract Number (if known): Award Amount: Project Period: From: Project Period: To: State of Illinois Awarding Agency and Project Detail Description: Under certain circumstances, sub-recipient must provide names and total compensation of its top 5 highly compensated officials. Please answer the following questions and follow the instructions. Q1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches and affiliates worldwide) receive (1) 80% or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants and/or cooper ative agreements and (2) $25,000,000 or more in annual gross revenue from U.S. federal contracts, subcontracts, loans, grants, subgrants and/or cooperative agreem ents? Yes If Yes, must answer Q2 below. No If No, you are not required to provide data. Q2. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securi ty Exchange Act of 1934 (5 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue code of 1986 (i.e., on IRS Form 990)? Yes No If No, you must provide the data. Please fill out the rest of this form. Please provide names and total compensation of the top five officials: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Page 10 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 1). Personnel (Salaries and Wages) (2 CFR 200.430) List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project and length of time working on the project . Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organizatio n. Include a description of the responsibilities and duties of each position in relationship to fulfilling the project goals and o bjectives in the narrative space provided below. Also, provide a justification and description of each position (including vacant positions). Relate each position specifically to program o bjectives. Personnel cannot exceed 100% of their time on all active projects. Name Position Salary or Wage Basis (Yr./Mo./Hr.) % of Time Length of Time Personnel Cost Pamelyn Usher-Miller Dedra Mannon Mary Foutch Lisa Wilson Ron Larson Brad Connour Juan Ceja Casey Weedman FT Fixed Route Drivers (6) FT Paratransit Drivers (5) Transit Dispatcher (3) PT Fixed Route Drivers (5) PT Paratransit Driver (10) Dennis Sibley Transit Manager Transit Operations Supervisor Transit Assistant Transit Clerk Transit Shop Foreman Transit Technician Transit Technician Custodian II FT Fixed Route Drivers (6) FT Paratransit Drivers (5) Transit Dispatcher (3) PT Fixed Route Drivers (5) PT Paratransit Driver (10) Transit Building $11,427.13 $10,795.04 $8,306.02 $6,351.37 $7,130.69 $6,791.80 $6,791.80 $6,548.10 $29,911.33 $22,742.56 $8,670.30 $10,925.77 $16,190.65 $1,797.27 Yr Yr Hr Hr Hr Hr Hr Hr Hr Hr Hr Hr Hr Hr 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00% 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 $11,427.00 $10,795.00 $8,306.00 $6,351.00 $7,131.00 $6,792.00 $6,792.00 $6,548.00 $29,911.00 $22,743.00 $8,670.00 $10,926.00 $16,191.00 $1,797.00 Page 11 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Services Work State Total $154,380.00 Pamelyn Usher-Miller Dedra Mannon Mary Foutch Lisa Wilson Ron Larson Brad Connour Juan Ceja Casey Weedman FT Fixed Route Drivers (6) FT Paratransit Drivers (5) Transit Dispatcher (3) PT Fixed Route Drivers (5) PT Paratransit Driver (10) Dennis Sibley Transit Manager Transit Operations Supervisor Transit Assistant Transit Clerk Transit Shop Foreman Transit Technician Transit Technician Custodian II FT Fixed Route Drivers (6) FT Paratransit Drivers (5) Transit Dispatcher (3) PT Fixed Route Drivers (5) PT Paratransit Driver (10) Transit Building Services Work $78,602.87 $74,254.96 $57,133.98 $43,688.63 $49,049.31 $46,718.20 $46,718.20 $45,041.90 $205,748.67 $156,437.44 $59,639.70 $75,154.23 $111,369.35 $12,362.73 Yr Yr Hr Hr Hr Hr Hr Hr Hr Hr Hr Hr Hr Hr 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00% 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 $78,603.00 $74,255.00 $57,134.00 $43,689.00 $49,049.00 $46,718.00 $46,718.00 $45,042.00 $205,749.00 $156,437.00 $59,640.00 $75,154.00 $111,369.00 $12,363.00 NON-State Total $1,061,920.00 Total Personnel $1,216,300.00 Page 12 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Personnel Narrative (State): Personnel Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 13 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 2). Fringe Benefits (2 CFR 200.431) Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are for the personnel listed in category (1) direct salaries and wages, and only for the percentage of time devoted to the project. Provide the fringe benefit rate used and a clear description of how the computation of fringe benefits was done. Provide both the annual (for multiyear awards) and total. If a fringe benefit rate is not used, show how the fringe benefits were computed for each position. The budget justification should be reflected in the budget description. Elements that comprise fringe benefits should be indicated. Name Position(s) Base Rate (%) Fringe Benefit Cost Pamelyn Usher-Miller Dedra Mannon Mary Foutch Lisa Wilson Ron Larson Brad Connour Juan Ceja FT Fixed Route Drivers (6) FT Paratransit Driver (5) Transit Dispatcher (3) Casey Weedman PT Fixed Route Driver (5) PT Paratransit Driver (10) Dennis Sibley Transit Manager Transit Operations Supervisor Transit Assistant Transit Clerk Transit Shop Foreman Transit Technician Transit Technician FT Fixed Route Drivers (6) FT Paratransit Driver (5) Transit Dispatcher (3) Custodian II PT Fixed Route Driver (5) PT Paratransit Driver (10) Transit Building Services Work 11427.00 10795.00 8306.00 6351.00 7131.00 6792.00 6792.00 29911.00 29911.00 8670.00 6548.00 10926.00 16191.00 1797.00 46.01 46.02 46.01 46.02 46.01 46.01 46.01 46.02 34.99 46.02 46.01 46.02 46.02 46.08% $5,258.00 $4,968.00 $3,822.00 $2,923.00 $3,281.00 $3,125.00 $3,125.00 $13,764.00 $10,466.00 $3,990.00 $3,013.00 $5,028.00 $7,451.00 $828.00 Page 14 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) State Total $71,042.00 Pamelyn Usher-Miller Dedra Mannon Mary Foutch Lisa Wilson Ron Larson Brad Connour Juan Ceja FT Fixed Route Drivers (6) FT Paratransit Driver (5) Transit Dispatcher (3) Casey Weedman PT Fixed Route Driver (5) PT Paratransit Driver (10) Dennis Sibley Transit Manager Transit Operations Supervisor Transit Assistant Transit Clerk Transit Shop Foreman Transit Technician Transit Technician FT Fixed Route Drivers (6) FT Paratransit Driver (5) Transit Dispatcher (3) Custodian II PT Fixed Route Driver (5) PT Paratransit Driver (10) Transit Building Services Work 78603.00 74255.00 57134.00 43689.00 49049.00 46718.00 46718.00 205749.00 205749.00 59640.00 45042.00 75154.00 111369.00 12363.00 46.02 46.02 46.02 46.02 46.02 46.02 46.02 46.02 34.99 46.02 46.02 46.02 46.02 46.02% $36,171.00 $34,170.00 $26,292.00 $20,104.00 $22,571.00 $21,499.00 $21,499.00 $94,680.00 $71,988.00 $27,445.00 $20,727.00 $34,584.00 $51,249.00 $5,689.00 Non-State Total $488,668.00 Total Fringe Benefits $559,710.00 Page 15 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Fringe Benefits Narrative (State): Fringe Benefits Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 16 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 3). Travel (2 CFR 200.474) Travel should include: origin and destination, estimated costs and type of transportation, number of travelers, related lodgi ng and per diem costs, brief description of the travel involved, its purpose, and explanation of how the proposed travel is necessa ry for successful completion of the project. In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and unit cost involved. Identify the location of travel, if known; or if unknown, indicate "location to be determined." Indicate source of Travel Policies applied, Applicant or State of Illinois Travel Regulations. NOTE: Dollars re quested in the travel category should be for staff travel only. Travel for consultants should be shown in the consultant categ ory along with the consultant’s fee. Travel for training participants, advisory committees, review panels and etc., should be itemized the same way as indicated above and placed in the “Miscellaneous” category. Purpose of Travel/Items Location Cost Rate Basis Quantity Number of Trips Travel Cost Conferences & Meetings Statewide $30.48 Yr 1 25 $762.00 State Total $762.00 Conferences & Meetings Statewide $209.52 Yr 1 25 $5,238.00 NON-State Total $5,238.00 Total Travel $6,000.00 Travel Narrative (State): Travel Narrative (Non-State): (i.e..e "Match" of "Other Funding) Page 17 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 4). Equipment (2 CFR 200.439) Provide justification for the use of each item and relate them to specific program objectives. Provide both the annual (for m ultiyear awards) and total for equipment. Equipment is defined as an article of tangible personal property that has a useful life o f more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. An applicant organization may classify equipment at a low er dollar value but cannot classify it higher than $5,000. (Note: Organization's own capitalization policy for classification of equipment can be used). Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cos t items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Attach a narr ative describing the procurement method to be used. Item Quantity Cost Per Item Equipment Cost NA NA NA NA State Total $0.00 NA NA NA NA Non-State Total $0.00 Total Equipment $0.00 Equipment Narrative (State): Equipment Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 18 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 5). Supplies (2 CFR 200.94) List items by type (office supplies, postage, training materials, copying paper, and other expendable items such as books, ha nd held tape recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the course of the project. Item Quantity/Duration Cost Per Item Supplies Cost Fuel & Lubricants Other Materials & Supplies 3500 45 $5.23 $301.02 $18,303.00 $13,546.00 State Total $31,849.00 Fuel & Lubricants Other Materials & Supplies 3500 45 $35.97 $2,070.53 $125,897.00 $93,174.00 Non-State Total $219,071.00 Total Supplies $250,920.00 Supplies Narrative (State): Supplies Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 19 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 6). Contractual Services (2 CFR 200.318) & Subawards (200.92) Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encour aged to promote free and open competition in awarding contracts. A separate justification must be provided for sole contracts in excess of $150,000 (See 2 CFR 200.88). NO TE : this budget category may include subawards. Provide separate budgets for each subaward or contract, regardless of the dollar value and indicate the basis for the cost estimates in the narrative. Describe products or services to be obtained and indicate the applicability or necessity of each to the project. Please also note the differences between subaward, contract, and contractor (vendor): 1) Subaward (200.92) means an award provided by a pass -through entity to a sub-recipient for the sub-recipient to carry out part of a Federal/State award, including a portion of the scope of work or objectives. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal/State program. 2) Contract (200.22) means a legal instrument by which a non -Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non -Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward. 3) "Vendor" or "Contractor" is generally a dealer, distributor or other seller that provides supplies, expendable materials, or data processing services in support of the project activities. Item Contractual Services Cost Professional & Technical Servi Contract & Maintenance Service Advertising/Promotion & Media $4,074.00 $10,763.00 $2,029.00 State Total $16,866.00 Professional & Technical Servi Contract & Maintenance Service Advertising/Promotion & Media $28,026.00 $74,037.00 $13,971.00 Non-State Total $116,034.00 Total Contractual Services $132,900.00 Page 20 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Contractual Services Narrative (State): Contractual Services Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 21 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 7). Consultant Services and Expenses (2 CFR 200.459) Consultant Services (Fees): For each consultant enter the name, if known, service to be provided, hourly or daily fee (8 -hour day), and estimated time on the project. Consultant Expenses: List all expenses to be paid from the grant to the individual consultant in addition to their fees (i.e., travel, meals, lodging, etc.) Consult ant-- Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisitions Policy is used. Consultant Services (Fees) Services Provided Fee Basis Quantity Consultant Services (Fee) Cost NA NA NA NA NA NA State Total $0.00 NA NA NA NA NA NA NON-State Total $0.00 Total Consultant Services (Fees) $0.00 Consultant Services Narrative (State): Consultant Services Narrative (Non-State): Consultant Expenses - Items Location Cost Rate Basis Quantity Number of Trips Consultant Expenses Cost NA NA NA NA NA NA NA State Total $0.00 NA NA NA NA NA NA NA NON-State Total $0.00 Total Consultant Expenses $0.00 Consultant Expenses Narrative (State): Consultant Expenses Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 22 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 8). Construction Provide a description of the construction project and an estimate of the costs. As a rule, construction costs are not allowable unless with prior written approval. In some cases, minor repairs or renovations may be allowable. Consult with the program office before budgeting funds in this category . Estimated construction costs must be supported by documentation including drawings and estimates, formal bids, etc. As with all other costs, follow the specific r equirements of the program, the terms and conditions of the award, and applicable regulations. Purpose Description of Work Construction Cost NA NA NA State Total $0.00 NA NA NA Non-State Total $0.00 Total Construction $0.00 Construction Narrative (State): Construction Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 23 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 9). Occupancy - Rent and Utilities (2 CFR 200.465) List items and descriptions by major type and the basis of the computation. Explain how rental and utility expenses are alloc ated for distribution as an expense to the program/service. For example, provide the square footage and the cost per square foot re nt and utility, and provide a monthly rental and utility cost and how many months to rent. NOTE: This budgetary line item is to be used for direct program rent and utilities, all other indirect or administrative occupanc y costs should be listed in the indirect expense section of the Budget worksheet and narrative. Maintenance and repair costs may be included here if directly allocate d to program. Description Quantity Basis Cost Length of Time Occupancy Cost Utilities - Other Telephone & Services 1 1 Yr Yr $357.42 $43.58 12.00 12.00 $4,289.00 $523.00 State Total $4,812.00 Utilities - Other Telephone & Services 1 1 Yr Yr $2,458.42 $299.75 12.00 12.00 $29,501.00 $3,597.00 NON-State Total $33,098.00 Total Occupancy - Rent and Utilities $37,910.00 Occupancy - Rent and Utilities Narrative (State): Occupancy - Rent and Utilities Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 24 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 10). Research & Development (R&D) (2 CFR 200.87) Definition: All research activities, both basic and applied, and all development activities that are performed by non -Federal entities directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and proc esses. Provide a description of the research and development project and an estimate of the costs. Consult with the program office before budgeting funds in this category. Purpose Description of Work Construction Cost NA NA NA State Total $0.00 NA NA NA Non-State Total $0.00 Total Construction $0.00 Construction Narrative (State): Construction Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 25 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 11). Telecommunications List items and descriptions by major type and the basis of the computation. Explain how telecommunication expenses are alloca ted for distribution as an expense to the program/service. NOTE: This budgetary line item is to be used for direct program telecomm unications, all other indirect or administrative telecommunication costs should be listed in the indirect expense section of the Budget worksheet and narrative. Description Quantity Basis Cost Length of Time Telecommunications Cost NA NA NA NA NA NA State Total $0.00 NA NA NA NA NA NA NON-State Total $0.00 Total Telecommunications $0.00 Telecommunications Narrative (State): Telecommunications Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 26 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 12). Training and Education (2 CFR 200.472) Describe the training and education cost associated with employee development. Include rental space for training (if required ), training materials, speaker fees, substitute teacher fees, and any other applicable expenses related to the training. When training materials (pamphlets, notebooks, videos, and other vario us handouts) are ordered for specific training activities, these items should be itemized below. Description Quantity Basis Cost Length of Time Training and Education Cost NA NA NA NA NA NA State Total $0.00 NA NA NA NA NA NA NON-State Total $0.00 Total Training and Education $0.00 Training and Education Narrative (State): Training and Education Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 27 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 13). Direct Administrative Costs (2 CFR 200.413 (c)) The salaries of administrative and clerical staff should normally be treated as indirect (F&A) costs. Direct charging of thes e costs may be appropriate only if all of the following conditions are met: (1) Administrative or clerical services are integral to a project or activity; (2) Individuals involved can be specifically identified with the project or activity; (3) Such costs are explicitly included in the budget or have the prior written approval of the State awarding agency ; and (4) The costs are not also recovered as indirect costs. Name Position Salary or Wage Basis (Yr./Mo./Hr.) % of Time Length of Time Direct Administrative Cost NA NA NA NA NA % NA NA State Total $0.00 NA NA NA NA NA % NA NA NON-State Total $0.00 Total Direct Administrative Costs $0.00 Direct Administrative Costs Narrative (State): Direct Administrative Costs Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 28 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 14). Other or Miscellaneous Costs This category contains items not included in the previous categories. List items by type of material or nature of expense, break down costs by quantity and co st per unit if applicable, state the necessity of other costs for successful completion of the project and exclude unallowable cost s (e.g.. Printing, Memberships & subscriptions, recruiting costs, etc.) Description Quantity Basis Cost Length of Time Other or Miscellaneous Cost Dues & Subscriptions 3 Yr $14.11 12.00 $508.00 State Total $508.00 Dues & Subscriptions 3 Yr $97.00 12.00 $3,492.00 NON-State Total $3,492.00 Total Other or Miscellaneous Costs $4,000.00 Other or Miscellaneous Costs Narrative (State): Other or Miscellaneous Costs Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 29 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 15). A. GRANT EXCLUSIVE LINE ITEM Grant Exclusive Line Item Description: Casualty and Liability Costs Costs directly related to the service or activity of the program that is an integral line item for budgetary purposes. To use this budgetary line item, an applicant must have Program approval. (Please cite reference per statute for unique costs directly related to the service or activity of the prog ram). (Note: Use columns within table as needed for the item being reported. Leave blank those columns that are not applicable. This table does NOT auto-calculate each line. You must enter the line totals. The table will auto-calculate the State, Non-State, and Total Grant Exclusive Line Item amounts based on your line entries. The State, Non-State and Total Grant Exclusive Line Item amounts will NOT carry forward to the Budget Narrative Summary table. You will have to enter the State and Non -State Totals for ALL Grant Exclusive Line Items in the Budget Narrative Summary table. Use the "Add New Grant Exclusive Line Item" button below to add additional tables as needed.) Description Quantity Basis Cost Length of Time Grant Exclusive Line Item Cost Liability & Property Insurance 2 Yr $1,004.83 12.00 $24,116.00 State Total $24,116.00 Liability & Property Insurance 2 Yr $6,911.83 12.00 $165,884.00 NON-State Total $165,884.00 Total Grant Exclusive Line Item $190,000.00 Grant Exclusive Line Item Narrative (State): Grant Exclusive Line Item Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 30 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 15). B. GRANT EXCLUSIVE LINE ITEM Grant Exclusive Line Item Description: Taxes and Fees Costs directly related to the service or activity of the program that is an integral line item for budgetary purposes. To use this budgetary line item, an applicant must have Program approval. (Please cite reference per statute for unique costs directly related to the service or activity of the prog ram). (Note: Use columns within table as needed for the item being reported. Leave blank those columns that are not applicable. This table does NOT auto -calculate each line. You must enter the line totals. The table will auto-calculate the State, Non-State, and Total Grant Exclusive Line Item amounts based on your line entries. The State, Non-State and Total Grant Exclusive Line Item amounts will NOT carry forward to the Budget Narrative Summary table. You will have to enter the State and Non -State Totals for ALL Grant Exclusive Line Items in the Budget Narrative Summary table. Use the "Add New Grant Exclusive Line Item" button below to add additional tables as needed.) Description Quantity Basis Cost Length of Time Grant Exclusive Line Item Cost NA NA NA NA NA NA State Total $0.00 NA NA NA NA NA NA NON-State Total $0.00 Total Grant Exclusive Line Item $0.00 Grant Exclusive Line Item Narrative (State): Grant Exclusive Line Item Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 31 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 15) C. GRANT EXCLUSIVE LINE ITEM Grant Exclusive Line Item Description: Debt Service (Urban DOAP Only) ~ Costs directly related to the service or activity of the program that is an integral line item for budgetary purposes. To use this budgetary line item, an applicant must have Program approval. (Please cite reference per statute for unique costs directly related to the service or activity of the program). (Note: Use columns within table as needed for the item being reported. Leave blank those columns that are not applicable. This table does NOT auto-calculate each line. You must enter the line totals. The table will auto-calculate the State, Non-State, and Total Grant Exclusive Line Item amounts based on your line entries. The State, Non- State and Total Grant Exclusive Line Item amounts will NOT carry forward to the Budget Narrative Summary table. You will have to enter the State and Non - State Totals for ALL Grant Exclusive Line Items in the Budget Narrative Summary table. Use the "Add New Grant Exclusive Line Item" button below to add additional tables as needed.) Description Quantity Basis Cost Length of Time Grant Exclusive Line Item Cost NA NA NA NA NA NA State Total $0.00 NA NA NA NA NA NA NON-State Total $0.00 Total Grant Exclusive Line Item $0.00 Grant Exclusive Line Item Narrative (State): Grant Exclusive Line Item Narrative (Non-State): (i.e. "Match" or "Other Funding") Page 32 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) 16). Indirect Cost (2 CFR 200.414) Provide the most recent indirect cost rate agreement information with the itemized budget. The applicable indirect cost rate(s) negotiated by the organization with the cognizant negotiating agency must be used in computing indirect costs (F&A) for a program budget. The amount for indirect cos ts should be calculated by applying the current negotiated indirect cost rate(s) to the approved base(s). After the amount of indirect costs is determined for the pr ogram, a breakdown of the indirect costs should be provided in the budget worksheet and narrative below. Description Base Rate Indirect Cost NA NA NA% NA State Total $0 NA NA NA% NA Non-State Total $0 Total Indirect Costs $0 Indirect Costs Narrative (State): Indirect Costs Narrative (Non-State): Page 33 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) Budget Narrative Summary--When you have completed the budget worksheet, transfer the totals for each category to the spaces below to the uniform templa te provided (SECTION A & B). Verify the total costs and the total project costs. Indicate the amount of State re quested funds and the amount of non-State funds that will support the project.. (Note: The State, Non-State, and Total cost amounts for each line item below are auto-filled based upon the entries in the preceding budget tables 1-14 and 16. The State and Non-State Total amounts from Table 15 above, Grant Exclusive Line Item(s), must be entered into this table by hand due to the pos sibility of there being more than one Grant Exclusive Line Item table. Once the Grant Exclusive Line Item(s) amounts are entered into this table, the State Request amount, Non-State Amount and the Total Project Costs will be calculated automatically. It is imperative that the summary tables be completed accuratel y for the Budget Narrative Summary to be accurate.) Budget Category State Non-State Total 1. Personnel $154,380.00 $1,061,920.00 $1,216,300.00 2. Fringe Benefits $71,042.00 $488,668.00 $559,710.00 3. Travel $762.00 $5,238.00 $6,000.00 4. Equipment $0.00 $0.00 $0.00 5. Supplies $31,849.00 $219,071.00 $250,920.00 6. Contractual Services $16,866.00 $116,034.00 $132,900.00 7. Consultant (Professional Services) $0 $0 $0 8. Construction $0.00 $0.00 $0.00 9. Occupancy (Rent and Utilities) $4,812.00 $33,098.00 $37,910.00 10. Research and Development (R & D) $0.00 $0.00 $0.00 11. Telecommunications $0.00 $0.00 $0.00 12. Training and Education $0.00 $0.00 $0.00 13. Direct Administrative Costs $0.00 $0.00 $0.00 14. Other or Miscellaneous Costs $508.00 $3,492.00 $4,000.00 15. GRANT EXCLUSIVE LINE ITEM(S) $24,116.00 $165,884.00 $190,000.00 16. Indirect Costs $0 $0 $0 State Request $304,335 Non-State Amount $2,093,405 TOTAL PROJECT COSTS $2,397,740 Page 34 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) For State Use Only Grantee: City of Galesburg Data Universal Number System (DUNS) Number (enter numbers only): 075614834 Notice of Funding Opportunity (NOFO) Number: 22-494-80- 0338-01 Catalog of state Financial Assistance (CSFA) Number: 494-80-0338 CSFA Short Description: Section 5311 Operating Fiscal Year(s): 2022 Initial Budget Request Amount: Prior Written Approval for Expense Line Item: Statutory Limits or Restrictions: Checklist: Final Budget Amount Approved: $2,397,740.00 Program Approval Name Program Approval Signature Date Fiscal & Administrative Approval Name Fiscal & Administrative Approval Signature Date Budget Revision Approved: Program Approval Name Program Approval Signature Date Fiscal & Administrative Approval Signature Fiscal & Administrative Approval Signature Date §200.308 Revision of budget and program plans (e) The Federal/State awarding agency may, at its option, restrict the transfer of funds among direct cost categories or prog rams, functions and activities for Federal/State awards in which the Federal/State share of the project exceeds the S implified Acquisition Threshold and the cumulative amount of such transfers exceeds or is expected to exceed 10 percent or $1,000 per detail line item, whichever is greater of the total budget as last approved by the Federal/St ate awarding agency. The Federal/State awarding ProjectManager_Name ProjectManager_Sign ProjectManager_Date Financial_Name Financial_Sign Financial_Date Page 35 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 State of Illinois UNIFORM GRANT BUDGET TEMPLATE GOMBGATU-3002-(R-02-17) agency cannot permit a transfer that would cause any Federal/State appropriation to be used for purposes other than those consistent with the appropriation. Page 36 of 36 DocuSign Envelope ID: 4DA0E024-BB9B-44FB-9873-F8C0EBD52E91 _______________________________________________________________________________________________________________________________________________________________________ Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Resolution authorizing the Mayor to sign the FY 2022 Grant Agreement for the Downstate Operating Assistance Program Grant Agreement for the City’s transit program. SUMMARY RECOMMENDATION: The City Manager, Director of Community Development and the Transit Manager recommend that the resolution be approved. BACKGROUND: Each year the City submits a grant application to the Illinois Department of Transportation (IDOT) for funding under the Section 5311 Transit Operating Assistance Program and Downstate Operating Assistance Program (DOAP). These Federal and State funds, respectively, are provided by the Illinois Department of Transportation, Office of Intermodal Project Implementation to assist in funding the operating expenses of the Galesburg public transit and paratransit programs. The transit grant application submitted to IDOT this spring was approved. This State program funds up to 65 percent of the total operating expenses. Attached is a copy of the State grant agreement and resolution for the City Council’s consideration. The resolution authorizes the City to enter into the agreement and the Mayor to sign it. BUDGET IMPACT: If the resolutions are not approved, the grant agreements cannot be executed and there would be a shortfall of up to $1,558,531 in State Funds to cover transit expenses based upon anticipated expenditures and revenues. SUPPORTING DOCUMENTS: 1. Resolution 2.Grant Agreement 21-2036 RESOLUTION NO. _______________ RESOLUTION AUTHORIZING EXECUTION AND AMENDMENT OF DOWNSTATE OPERATING ASSISTANCE GRANT AGREEMENT WHEREAS, the provision of public transit service is essential to the people of Illinois; and WHEREAS, the Downstate Public Transportation Act (30 ILCS 740/2-1 et seq.) (“Act”) authorizes the State of Illinois, acting by and through the Illinois Department of Transportation, to provide grants and make funds available to assist in the development and operation of public transportation systems; and WHEREAS, grants for said funds will impose certain obligations upon the recipient, including provision by it of the local share of funds necessary to cover costs not covered by funds provided under the Downstate Public Transportation Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS: Section 1. That the City of Galesburg enter into a Downstate Public Transportation Operating Assistance Agreement (“Agreement”) with the State of Illinois and amend such Agreement, if necessary, for fiscal year 2022 in order to obtain grant assistance under the provisions of the Act. Section 2. That the Mayor of the City of Galesburg, is hereby authorized and directed to execute the Agreement or its amendment(s) on behalf of the City of Galesburg for such assistance for fiscal year 2022. Section 3. That the Director of Community Development or the Transit Manager of the City of Galesburg are hereby authorized to provide such information and file such documents as may be required to perform the Agreement and to request and receive the grant funding for fiscal year 2022. Section 4. That while participating in said operating assistance program the City of Galesburg shall provide all required local matching funds. Approved this _____ day of __________, 20___, by a roll call vote as follows: Roll Call #: ______________________ Ayes: _______________________________________________________________________ Nays: _______________________________________________________________________ Absent: ____________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk Illinois Transit Operating Assistance Agreement Page 1 of 16 TR OP105 (09/14/21)Printed 12/01/21 Participant Name City of Galesburg Agreement Number OP-22-13-IL Address 55 W Tompkins St City Galesburg State IL Zip Code 61401 Remittance Address (if different from above) 1025 Monmouth Blvd City Galesburg State IL Zip Code 61401 Phone (309) 345-3628 Fax FEIN/TIN 376001160 DUNS 075614834 Brief Description of Service (full description specified in Part 4) Downstate Operating Assistance Program-Delivery of Public Transportation Services in Illinois. Total Compensation Amount $1,558,531.00 Advance Pay Yes No Agreement Term Start Date 07/01/21 Expiration Date 06/30/22 REQUIRED SIGNATURES By signing below, the PARTICIPANT and the DEPARTMENT agree to comply with and abide by all provisions set forth in this Agreement and any Appendices thereto. FOR THE PARTICIPANT: Signature Date Name Peter Schwartzmen Title Mayor Check if under $250,000. If under $250,000, the Secretary's signature may be delegated. FOR THE DEPARTMENT: Designee Signature Date Omer Osman, Secretary of Transportation Date Delegate Name Printed Name Matt Magalis Printed Title Acting Director of OIPI Designee Signature Date Yangsu Kim, Chief Counsel Date Joanne Woodworth, Acting Chief Fiscal Officer Date TR OP105 (09/14/21)Page 2 of 16Printed 12/01/21 Agreement Number OP-22-13-IL INTERGOVERNMENTAL AGREEMENT FOR This Agreement is by and between Please type or print legibly the PARTICIPANT'S legal name and address City of Galesburg 1025 Monmouth Blvd Galesburg, IL 61401 Attention Peter Schwartzmen E-mail pschwart@ci.galesburg.il.us Taxpayer Identification Number 376001160 referred to as PARTICIPANT, and the State of Illinois, acting by and through its Department of Transportation, referred to as the DEPARTMENT individually referred to as a PARTY, and collectively referred to as the PARTIES. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Specific Provisions Part 4 Scope of Services Appendix 1 Opinion of Counsel Appendix 2 Board Resolution Appendix 3 Budget TR OP105 (09/14/21)Page 3 of 16Printed 12/01/21 Agreement Number OP-22-13-IL Part 1 SCOPE / COMPENSATION / TERM A. Scope of Services and Responsibilities - The DEPARTMENT and the PARTICIPANT agree as specified in Part 4. B. Compensation - Compensation (if any) shall be as specified in Part 4 C. Term of Agreement - This Agreement will start Date 07/01/21 and will expire on Date 06/30/22 . D. Amendments - All changes to this Agreement must be mutually agreed upon by the DEPARTMENT and the PARTICIPANT and be incorporated by written amendment, signed by the parties. E. Renewal - This Agreement may not be renewed. TR OP105 (09/14/21)Page 4 of 16Printed 12/01/21 Agreement Number OP-22-13-IL Part 2 GENERAL PROVISIONS A. Changes If any circumstances or condition in this Agreement changes, the PARTICIPANT must notify the DEPARTMENT in writing within seven (7) days. B. Compliance/Governing Laws The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. The Parties hereby enter into this Intergovernmental Agreement pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. C. Availability of Appropriation This Agreement is contingent upon and subject to the availability of funds. The DEPARTMENT, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty of further payment being required, if the Illinois General Assembly or any other funding source fails to make an appropriation sufficient to pay such obligation, or if (1) funds needed are insufficient for any reason; (2) the Governor decreases the DEPARTMENT's funding by reserving some or all of the DEPARTMENT's appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly; or (3) the DEPARTMENT determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. PARTICIPANT will be notified in writing of the failure of appropriation or of a reduction or decrease. D. Record Retention All costs charged to the Project, as defined in Part 4, shall be supported by properly executed and clearly identified payroll records, time records, invoices, contracts, vouchers or checks evidencing in detail the nature and propriety of the charges. Such documentation shall be readily accessible on site at least until Project closeout. The PARTICIPANT shall maintain, for a minimum of three 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 or the DEPARTMENT (hereinafter "Auditing Parties"). The PARTICIPANT agrees to cooperate fully with any audit conducted by the Auditing Parties 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 DEPARTMENT 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. If any litigation, claim, negotiation, audit or other action involving the records has been started prior to the expiration of the three- year period, PARTICIPANT shall retain the records for three years after completion of the action and resolution of all issues arising from it. E. Inspection and Audit PARTICIPANT shall permit, and shall require its contractors and auditors to permit, the DEPARTMENT, and any authorized agent of the DEPARTMENT, to inspect all work, materials, payroll, audit working papers, and other data and records pertaining to the Project; and to audit the books, records, and accounts of the PARTICIPANT with regard to the Project. The DEPARTMENT may, at its sole discretion and at its own expense, perform a final audit of the Project. Such audit may be used for settlement of the grant and Project closeout. PARTICPANT agrees to implement any audit findings contained in the DEPARTMENT's final audit, the PARTICIPANT's independent audit, or as a result of any duly authorized inspection or review. PARTICIPANT agrees to permit the DEPARTMENT to conduct scheduled or unscheduled inspections of PARTICIPANT's public transportation services. Such inspections shall be conducted at reasonable times, without unreasonable disruption or interference with any transportation service or other business activity of the PARTICIPANT or any Service Board. PARTICIPANT agrees to notify the DEPARTMENT of any pending federal triennial review as soon as it is scheduled and to permit the DEPARTMENT to attend same. F. Cost Category Transfer Request DEPARTMENT approval is required for all transfers between or among appropriated and allocated cost categories. To secure approval, the PARTICIPANT must submit a written request to the DEPARTMENT detailing the amount of transfer, the cost categories from and to which the transfer is to be made, and rationale of the transfer. G. Procurement Procedures The PARTICIPANT must comply with the Illinois Procurement Code when purchasing products or services with State of Illinois funds "State Funds" 30 ILCS 500. In the absence of formal procedures of the PARTICIPANT, the procedures of the DEPARTMENT will be used. The PARTICIPANT may only procure products or services from one source with any State of Illinois funds ("State Funds") if" (1) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) the DEPARTMENT determines competition is inadequate after solicitation from a number of sources. The PARTICIPANT shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. H. Employment of Department Personnel The PARTICIPANT will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. TR OP105 (09/14/21)Page 5 of 16Printed 12/01/21 Agreement Number OP-22-13-IL I. Severability The Parties agree that if any provisions of the Agreement shall be held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby if such remaining provisions could then continue to conform with the purposes, terms and requirements of the applicable law. J. Assignment PARTICIPANT agrees that this Agreement shall not be assigned or transferred without the written consent of the DEPARTMENT and that any successor to PARTICIPANT's right under this Agreement will be required to accede to all of the terms, conditions and requirements of this Agreement as a condition precedent to such succession. K. Documents Forming This Agreement This Agreement and the PARTICIPANT's Application for the fiscal year as approved by and on file at the DEPARTMENT constitute the entire agreement between the parties and supersede any and all prior agreements or understandings between the parties. L. Non-Waiver PARTICIPANT agrees that in no event shall any action, including the making by the DEPARTMENT of any payment under this Agreement, constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default on the part of the PARTICIPANT that may then exist; and any action, including the making of such payment by the DEPARTMENT, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the DEPARTMENT in respect to such breach or default. The remedies available to the DEPARTMENT under this Agreement are cumulative and not exclusive. The waiver or exercise of any remedy shall not be construed as a waiver of any other remedy available hereunder or under general principles of law or equity. M. Dispute Resolution In the event of a dispute in the interpretation of the provisions of this Agreement, such dispute shall be settled through negotiations between the DEPARTMENT and the PARTICIPANT. In the event that agreement is not consummated at this negotiation level, the dispute will then be referred through the DEPARTMENT's administrative chain of command for a decision by the DEPARTMENT and ultimately, if necessary, to the Secretary of the DEPARTMENT. The DEPARTMENT shall decide all claims, questions, and disputes that are referred to it regarding the interpretation, prosecution, and fulfillment of this Agreement. The DEPARTMENT's decision upon all claims, questions, and disputes shall be final and conclusive. TR OP105 (09/14/21)Page 6 of 16Printed 12/01/21 Agreement Number OP-22-13-IL Part 3 SPECIFIC PROVISIONS A. Invoices The PARTICIPANT will submit invoices for costs that have been incurred and are within the scope of the service. If the DEPARTMENT or Auditing Parties deem the PARTICIPANT's invoices insufficient to document work completed, the DEPARTMENT may require further records and supporting documents to verify the amounts, recipients, and users of all funds invoiced pursuant to this Agreement. Furthermore, if any of the deliverables in Part 4 are not satisfactorily completed, PARTICIPANT will refund payments made under this Agreement to the extent that such payments were made for any such incomplete or unsatisfactory deliverable. Any invoices/bills issued by the PARTICIPANT to the DEPARTMENT pursuant to this Agreement shall be signed by an authorized representative of the PARTICIPANT and shall be submitted through the DEPARTMENT's grants management system as a pay request, or through summary reports of budget actuals. B. Billing and Payment All invoices for services performed and costs incurred by the PARTICIPANT prior to July 1st of each State fiscal year must be presented to the DEPARTMENT no later than August 1st of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to the PARTICIPANT on invoices presented after said date. Failure by the PARTICIPANT to present such invoices prior to said date may require the PARTICIPANT to see payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will direct all payments to the PARTICIPANT's remittance address listed in this Agreement. C. Termination This Agreement may be terminated by either party by giving thirty (30) calendar days written notice. If the DEPARTMENT is dissatisfied with the PARTICIPANT's performance or believes that there has been a substantial decrease in the PARTICIPANT's performance, the DEPARTMENT may give written notice that remedial action shall be taken by the PARTICIPANT within seven (7) calendar days. If such action is not taken with the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7) calendar days written notice to the PARTICIPANT. In either instance, the PARTICIPANT shall be paid for the value of all authorized and acceptable work performed prior to the date of termination., including non-cancelable obligations made prior to receipt of notice of termination and for which work will be completed with thirty (30) days of receipt of notice of termination, based upon the payment procedures set forth in Part 4 of this Agreement. D. Location of Service The Service to be performed by the PARTICIPANT shall be performed as described in the PARTICIPANT's Application. E. Ownership of Documents/Title to Work All documents, data and records produced by the PARTICIPANT in carrying out the PARTICIPANT's obligations and services hereunder, without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT. The DEPARTMENT shall have the right to use all such documents, data, and records without restriction or limitation and without additional compensation to the PARTICIPANT. All documents, data, and records in performing research shall be available for examination by the DEPARTMENT upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data , and records shall, at the option of the DEPARTMENT, be appropriately arranged, indexed, and delivered to the DEPARTMENT by the PARTICIPANT. F. Software All software and related computer programs produced and developed by the PARTICIPANT (or authorized contractor or subcontractor thereof) in carrying out the PARTICIPANT's obligation hereunder, without limitation and whether preliminary or final, shall become and remain the property of both the DEPARTMENT and the PARTICIPANT. The DEPARTMENT shall be free to sell, give, offer, or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other governmental entity of any country, state, county, municipality, or any other unit of local government, or to any entity consisting of representatives of any unit of government, for official use by said entity. Additionally, the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling, giving, or otherwise offering said software and related computer programs without the written consent of both the DEPARTMENT and the PARTICIPANT. G Confidentiality Clause Any documents, data, records, or other information given to or prepared by the PARTICIPANT pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT. All information secured by the PARTICIPANT from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. H. Reporting/Consultation The PARTICIPANT shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. I. Indemnification Unless prohibited by State law, the PARTICIPANT agrees to hold harmless and indemnify the DEPARMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on all alleged injury or damage of any type arising from the actions or inactions of the PARTICIPANT and/or the PARTICIPANT's employees, officials, agents, contractors and TR OP105 (09/14/21)Page 7 of 16Printed 12/01/21 Agreement Number OP-22-13-IL subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. PARTICIPANT shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action, suit or proceeding ("Claim") against the DEPARTMENT to the extent such Claim is based upon an allegation that an action of PARTICIPANT infringes a valid United States patent or copyright or misappropriates a third party's trade secret. J. Equal Employment Practice 1. The PARTICIPANT must comply with the "Equal Employment Opportunity Clause" required by the Illinois Department of Human Rights. The PARTICIPANT must include a requirement in all contracts with third parties (contractor or consultant) to comply with the requirements of this clause. The Equal Employment Opportunity Clause reads as follows: In the event that the PARTICIPANT, its contractor or consultant fails to comply with any provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act Rules and Regulations of the Illinois Department of Human Rights ("IDHR"), the PARTICIPANT, its contractor or consultant may be declared ineligible for future contracts or subcontracts with the state of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the PARTICIPANT agrees as follows: a. That it; will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization; b. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with IDHR's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women in the area(s) from which it may reasonable recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. c. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, national origin or ancestry, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; d. That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organizations or representative of the PARTICIPANT's, its contractor's and/or consultant's obligations under the Illinois Human Rights Act and IDHR's Rules and Regulations. If any such labor organization or representative fails or refuses to comply with the PARTICIPANT, its contractor's and/or consultant's in its efforts to comply with such Act and Rules and Regulations, the PARTICIPANT, its contractor's and/or consultant's will promptly notify IDHR and the DEPARTMENT and will recruit employees from other sources when necessary to fulfill its obligations thereunder; e. That it will submit reports as required by IDHR's Rules and Regulations, furnish all relevant information as may from time to time be requested by IDHR or the DEPARTMENT, and in all respects comply with the Illinois Human Rights Act and IDHR's Rules and Regulations; f. That it will permit access to all relevant books, records, accounts, and work sites by personnel of the DEPARTMENT and IDHR for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and IDHR's Rules and Regulations; g. That it will include verbatim or by reference the provisions of this Clause in every contract and subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this Agreement, the PARTICIPANT, its contractor or consultant will be liable for compliance with applicable provisions of this clause; and further it will promptly notify IDHR and the DEPARTMENT in the event any of its contractor or subcontractor fails or refuses to comply therewith. In addition, the PARTICIPANT will not use any contractor or subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations; 2. The PARTICIPANT must have written sexual harassment policies that include, at a minim, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment, under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the PARTICIPANT's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies must be provided to the DEPARTMENT upon request. TR OP105 (09/14/21)Page 8 of 16Printed 12/01/21 Agreement Number OP-22-13-IL K. Discrimination The PARTICIPANT understands it is subject to the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., which prohibits discrimination in connection with the availability of public accommodations. L. Tax Identification Number PARTICIPANT certifies that: 1. The number shown on this form is a correct taxpayer identification number (or it is waiting for a number to be issued), and 2. It is not subject to backup withholding because: (a) it is exempt from backup withholding, or (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified the PARTICIPANT that it is no longer subject to backup withholding, and 3. It is a U.S. entity, specifically a governmental entity within the State of Illinois, as described above. M. International Boycott The PARTICIPANT certifies that neither the PARTICIPANT nor any substantially owned affiliate is participating or shall participate in an internally boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce. This applies to contracts that exceed $10,000 (30 ILCS 582). N. Forced Labor The PARTICIPANT certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made equipment, materials, or supplies furnished to the DEPARTMENT under this Agreement have been or will be produced in whole or in part by forced labor, or indentured labor under penal sanction (30 ILCS 583). O. Ethics 1. Code of Conduct: a. Personal Conflict of Interest - The PARTICIPANT shall maintain a written code or standard of conduct that shall govern the performance of its employees, officers, board members, or agents engaged in the award and administration of contracts supported by state or federal funds. Such code shall provide that no employee, officer, board member or agent of the PARTICPANT may participate in the selection, award, or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent would be involved. Such a conflict would arise when any of the parties set forth below has financial or other interest in the firm selected for award: i. the employee, officer, board member, or agent; ii. any member of his or her immediate family; iii. his or her partner; or iv. an organization that employs, or is about to employ, any of the above. The code shall also provide that PARTICIPANT's employees, officers, boards members, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subcontracts. The DEPARTMENT may waive the prohibition contained in this subsection, provided that any such present employee, officer, board member, or agent shall not participate in any action by the PARTICIPANT or the locality relating to such contract, subcontract, or arrangement. The code shall also prohibit the officers, employees, board members, or agents of the PARTICIPANT from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. b. Organizational Conflict of Interest - The PARTICIPANT will also prevent any real or apparent organizational conflict of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third-party contract or subcontract may, without some restriction on future activities, result in a unfair competitive advantage to the third party contractor or PARTICIPANT or impair the objectivity in performing the contract work. 2. Bonus or Commission - The PARTICIPANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. The State shall have the right to annul this Agreement without liability, or at its discretion to deduct such commission or fee. No State officer or employee, or member of the State General Assembly or of any unit of local government who or that contributes to the State Funds shall be allowed to share in any part of this Agreement or to any benefits arising therefrom. 3. Bribery - Non-governmental recipients and third party contractors shall certify that they have not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois or local government, nor has the PARTICIPANT made an admission of guilt of such conduct that is a matter of record, nor has an official, agent or employee of the PARTICIPANT or third party contractors committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of the PARTICIPANT. Such PARTICIPANT or third-party contractors shall further certify that they have not been barred from contracting with a unit of the State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Illinois Criminal Code. P. DRUG FREE WORKPLACE PARTICIPANT agrees to comply with the provisions of the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.) which mandates no participant or contract shall receive a grant or be considered for the purposes of being TR OP105 (09/14/21)Page 9 of 16Printed 12/01/21 Agreement Number OP-22-13-IL awarded a contract for the procurement of any property or services from the State unless that grantee or contractor has certified to the State that the grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. For the purpose of this certification, "participant" or "contractor" means a corporation, partnership, or other entity with twenty-five or more employees at the time of issuing the Agreement, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State. PARTICIPANT certifies and agrees that it will provide a drug free workplace by: 1. Publishing a statement: a. Notifying employees that the unlawful manufacturer, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the PARTICIPANT's workplace. b. Specifying the actions that will be taken against employees for violations of such prohibition. c. Notifying the employee that, as a condition of employment on such contract or grant, the employee will: i. abide by the terms of the statement; and ii. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. 2. Establishing a drug free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the PARTICIPANT's policy of maintaining a drug free workplace; c. any available drug counseling, rehabilitation, and employee assistance programs; and d. the penalties that may be imposed upon an employee for drug violations. 3. Providing a copy of the statement required by subparagraph (1) to each employee engaged in the performance of the Program and to post the statement in a prominent place in the workplace. 4. Notifying the DEPARTMENT within ten (10) days after receiving notice under part (Q) of paragraph (1) of subsection (ii) above from an employee or otherwise receiving actual notice of such conviction. 5. Imposing a sanction on or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by Section 5 of the Drug Free Workplace Act. 6. Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place. 7. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Q. Equipment The DEPARTMENT and the PARTICIPANT agree to the following: 1. The PARTICIPANT acknowledges that any equipment purchased under this Agreement must remain the property of the DEPARTMENT. 2. The PARTICIPANT must use the equipment for the authorized purpose under Part 4 (Scope of Service/Responsibilities) during the period of performance or the equipment's entire useful life; 3. The PARTICIPANT must not sell, transfer, encumber, or otherwise dispose of any equipment that is acquired under this Agreement without prior DEPARTMENT's written approval. 4. In cases where the PARTICIPANT fails to dispose of any equipment properly, as determined by the DEPARTMENT, the PARTICIPANT may be required to reimburse the DEPARTMENT for the cost of the equipment; and 5. For purposes of this provision, "equipment" includes any tangible or intangible product, having a useful life of two years or more, an acquisition cost of at least $100, and used solely in PARTICIPANT's performance under this Agreement. R. PARTICIPANT'S Warranties PARTICIPANT warrants that it has the requisite fiscal, managerial, and legal capability to carry out the Project and to receive and disburse Project funds. PARTICIPANT agrees to initiate and consummate all actions necessary to enable it to enter into this Agreement. PARTICIPANT warrants that there is no provision in its charter, bylaws, or any rules, regulations, or legislation that prohibits, voids, or otherwise renders unenforceable against PARTICIPANT any provision or clause of this Agreement. PARTICIPANT warrants further that is has paid all federal, state and local taxes levied or imposed and will continue to do so, excepting only those that may be contested in good faith. PARTICIPANT agrees that upon execution of this TR OP105 (09/14/21)Page 10 of 16Printed 12/01/21 Agreement Number OP-22-13-IL Agreement, PARTICIPANT will deliver to the DEPARTMENT: 1. a legal opinion from an attorney licensed to practice law in Illinois and authorized to represent the PARTICIPANT in the matter of this Agreement, stating: a. the PARTICIPANT is lawfully organized; b. the PARTICIPANT is an eligible "participant" as defined in the Downstate Public Transportation Act (30 ILCS 740) (the "Act"); c. the PARTICIPANT is legally authorized to enter into this Agreement; and d. this Agreement will be legally binding on the PARTICIPANT. 2. a certified copy of a resolution or ordinance adopted by the PARTICIPANT's governing body that authorizes the execution of this Agreement and identifies the person, by position, authorized to sign this Agreement and payment requisitions. S. Independence of PARTICIPANT In no event shall PARTICIPANT or any of its contractors be considered agents or employees of the DEPARTMENT or the State. The PARTICIPANT agrees that none of its employees, agents or contractors will hold themselves out as, or claim to be, agents, officers or employees of the DEPARTMENT or the State, and will not make any claim, demand or application to or for any right or privilege applicable to an officer, agent or employee of the State, including, but not limited to, rights and privileges concerning worker's compensation and occupational diseases coverage, unemployment compensation benefits, Social Security coverage or retirement membership or credit. TR OP105 (09/14/21)Page 11 of 16Printed 12/01/21 Agreement Number OP-22-13-IL Part 4 SCOPE OF SERVICE/RESPONSIBILITIES A. Project Scope PARTICIPANT agrees to provide the public transportation services described in its final approved application and program of proposed expenditures ("POPE" or "Project") approved by the DEPARTMENT, and in accordance with the Act, the rules governing the Downstate Operating Assistance Program (92 IL Admin. Code 653) (the "Rules"), and all other applicable laws and regulations. PARTICIPANT shall not reduce, terminate, or substantially change public transportation services or increase fares without prior written notification to the DEPARTMENT. B. Project Budget Under the Act, the DEPARTMENT enters into this Agreement to implement PARTICIPANT's approved program of expenditures and services, within the following condition: The PARTICIPANT shall be paid under this Agreement sixty-five percent (65%) of PARTICIPANT's eligible operating expenses incurred during fiscal year 20 22 , up to the corresponding identical or minimally different appropriation amount provided by the appropriation legislation for fiscal year 20 22 , as per 30 ILCS 740/2-7(b-10) and 30 ILCS 740/2-3(d), as long as there are sufficient funds transferred into the Downstate Public Transportation Fund (30 ILCS 740/2-7 (b)), and provided that the amount paid under this Agreement together with any operating assistance received by the PARTICIPANT from any other state or local agency for fiscal year 20 22 does not exceed PARTICIPANT's actual operating deficit for that year. The DEPARTMENT has approved and agrees to enter into this Agreement in the estimated amount of $1,558,531.00 subject to the limitations set forth above, the Act and the Rules. In the event that a PARTICIPANT receives an amount in excess of the amount provided to be paid to the PARTICIPANT above, or the combined state and local operating assistance funds for fiscal year 20 22 exceed PARTICIPANT's actual operating deficit for that year, PARTICIPANT agrees to remit to the State any excess funds received. For purposes of this Agreement, the term "operating deficit" shall have the following meaning set forth in Section 2-2.03 of the Act (30 ILCS 740/2-2.03): "the amount by which eligible operating expenses exceed revenue from fares, reduced fare reimbursements, rental of properties, advertising, and any other amounts collected and received by a provider of public transportation, which, under standard accounting practices, are properly classified as operating revenue or operating income attributable to providing public transportation and revenue from any federal financial assistance received by the participant to defray operating expenses or deficits. For purposes of determining operating deficits, local effort from local taxes or its equivalent shall not be included as operating revenue or operating income." PARTICIPANT agrees to commit the necessary local funding to cover costs incurred in providing public transportation that are not reimbursed under this Agreement or by other federal, state or local assistance programs. C. Payment Procedures The DEPARTMENT shall process up to a total of 24 payments, comprising of a combination of advance, reimbursement or reconciling payments, to PARTICIPANT upon the timely receipt of quarterly expense and revenue submitted on the DEPARTMENT's prescribed forms. Payments will be processed upon the DEPARMTENT determining if and to what extent the request is for eligible operating expenses incurred in conformity with PARTICIPANT's approved application and the Act. PARTICIPANTs shall have the flexibility to request: 1. Monthly advances based on its estimated quarterly expense and revenue, up to the date the actual expense and revenue for that quarter is required to be filled with the DEPARTMENT; or 2. A reimbursement for actual monthly expense and revenue incurred; or 3. A combination of both. Advance payments may not be processed by the DEPARTMENT, or dated by the PARTICIPANT, earlier than thirty days prior to the start of the quarter for which the advance is requested. No payments will be made until the State's annual budget has been passed, and this Agreement is fully executed by both the DEPARTMENT and the PARTICIPANT and successfully filed with the Office of the Comptroller. PARTICIPANT shall file actual expense and revenue incurred in the 1st, 2nd, 3rd, and 4th quarters no later than November 1, February 1, May 1, and August 1, respectively. The PARTICIPANT shall adjust payment requests to reflect all previous monthly actual expense and revenue not reflected in previous payment requests. PARTICIPANT agrees that payment shall not constitute a final determination by the DEPARTMENT of the eligibility of such expense and shall not constitute a waiver of any violation of the terms of this Agreement. The DEPARTMENT reserves the right to offset any payment to satisfy any monetary claims that the DEPARTMENT may have outstanding against PARTICIPANT. D. Eligible Operating Expenses Eligible operating expenses include, but are not limited to the following: 1. employee wages and benefits; 2. materials fuels and supplies; TR OP105 (09/14/21)Page 12 of 16Printed 12/01/21 Agreement Number OP-22-13-IL 3. rental of facilities; 4. taxes other than income taxes; 5. payment for debt service (including principal and interest) on equipment or facilities owned by PARTICIPANT's governing board, through resolution, certifies that the public transportation portion of the equipment or facilities is required for the day-to-day provision of public transportation within the next 24 months, provided that, in undertaking and administering the acquisition and ownership of the equipment and facilities, the PARTICIPANT complies with the DEPARTMENT's "Public Transportation Capital Improvement Grants Manual" and "Supplemental Operating Assistance Guidelines"; 6. non-rolling stock-equipment purchases that are less than $10,000; 7. administrative costs (i.e., costs incurred in capital grant record keeping, grant management, and the preparation of status reports required by the DEPARTMENT under its capital grant program) associated with capital projects that are not reimbursed elsewhere; 8. routine maintenance and repairs to buildings, equipment or vehicles that do not extend their useful life for replacement eligibility purposes; 9. reasonable expenses and compensation for PARTICIPANT's board members or trustees as provided under the Local Mass Transit District Act (70 ILCS 3610/4); 10. established reserves for self-insurance programs; 11. the costs associated with the audit requirements set forth in Section 653.410 of the Rules; 12. Eighty percent of the dues paid by the applicant to the Illinois Public Transportation Association and 90% of the dues paid by the applicant to the American Public Transportation Association or the Community Transportation Association of America; and 13. any other expenditure that an independent auditor retained by the PARTICIPANT's governing board determines is required for the provision of public transportation according to the most current version of AICPA's generally accepted standard accounting principles for public transportation operations. E. Ineligible operating expenses Ineligible operating expenses include, but are not limited to, the following: 1. depreciation, whether funded or unfunded; 2. amortization of any intangible assets; 3. debt service on capital assets acquired with the assistance of capital grant funds provided by the State; 4. profit or return on investments; 5. excessive payments to associated entities; 6. expenses associated with the Workplace Investment Act (29 USC Chapter 30), or its successor; 7. costs reimbursed under Section 5303, 5304, and 5305 of the Federal Mass Transit Act (49 USC 53); 8. travel and entertainment expenses incurred in attending non-public transportation-related activities; 9. charter, school bus and sightseeing expenses as defined by the FTA; 10. fines and penalties; 11. charitable donations; 12. interest expense on long-term borrowing and debt retirement other than on that portion of publicly-owned equipment and facilities required for public transportation; 13. income taxes; 14. that portion of any eligible operating expense for which the PARTICIPANT has or will receive reimbursement from any other federal or State capital grant program absent a specific federal or State directive allowing the capital expense to be treated as an operating expense; 15. expenses associated with compliance with OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations); 16. expenses for freight haulage provided by PARTICIPANT; 17. any expense that is reimbursed from insurance proceeds; 18. maintenance or operation of vehicles that are not used by a PARTICIPANT or its contractors for public transportation or to support public transportation operations; and 19. any other expense determined by the DEPARTMENT to be inconsistent with federal regulations or requirements. F. PARTICIPANT's Independent Audit PARTICIPANT shall select an independent licensed Certified Public Accountant to perform an audit pursuant to the requirements of § 653.410 of the Rules. The standards for selection of the auditor and the scope and contents of the audit are contained in § 653.410 of the Rules; PARTICIPANT and its auditor shall become familiar with the Rules and adhere to its provisions in completion of the audit. The audit shall also be completed in conformity with the Single Audit Act (31 USC 7501 et seq.), and shall include a statement, if applicable, that any allocation of revenues and expenses to the program of approved expenditures funded under this Agreement is in accordance with a cost allocation plan approved by the DEPARTMENT. PARTICIPANT's audit must include a schedule of operating revenues and expenses for the PARTICIPANT's contract period on forms prescribed by the DEPARTMENT. PARTICIPANT's independent audit shall be submitted to the TR OP105 (09/14/21)Page 13 of 16Printed 12/01/21 Agreement Number OP-22-13-IL DEPARTMENT as required by the Act. G. Project Closeout Upon the DEPARTMENT's receipt of the PARTICIPANT's independent audit report of the Project, the DEPARTMENT shall perform a review of the PARTICIPANT's independent audit to determine whether to approve the independent audit. Once the PARTICIPANT's independent audit has been approved by the DEPARTMENT, the DEPARTMENT shall determine the eligibility of costs incurred and shall make a final determination of amounts due to the PARTICIPANT under this Agreement. If the DEPARTMENT has made payment to the PARTICIPANT in excess of the final total amount determined by the DEPARTMENT-approved independent audit to be due the PARTICIPANT, the PARTICIPANT shall promptly remit such excess to the DEPARTMENT. At the discretion of the DEPARTMENT, several years of audit reconciliation balances may be combined to allow for one payment to reconcile minor annual reconciliation balances. The Project close-out occurs when the DEPARTMENT notifies the PARTICIPANT that the Project is closed-out and forwards the final award payment, as determined by the DEPARTMENT-approved independent audit to the PARTICIPANT, or when an appropriate refund of Agreement funds, as determined by the DEPARTMENT-approved independent audit, has been received from the PARTICIPANT and acknowledged by the DEPARTMENT. Close-out shall be subject to any continuing obligations imposed on the PARTICIPANT by this Agreement or contained in the final notification or acknowledgment from the DEPARTMENT. Payment issues, audit issues or any other matters pertaining to the Agreement may not be subsequently raised and are forever settled upon Project closeout. H. School Bus Operations Pursuant to 20ILCS 2705/2705-605(f), PARTICIPANT agrees not to engage in school bus operations exclusively for the transportation of students and school bus personnel in competition with private school bus operators where such private school bus operators are available to provide adequate transportation at reasonable rates in conformance with applicable safety standards. If the PARTICIPANT does engage in school bus operations exclusively for the transportation of students and school bus personnel as described above, then the PARTICIPANT must operate a school system in the area to be served and operate a separate and exclusive school bus program for the school system. The PARTICIPANT shall immediately notify the DEPARTMENT in writing of its involvement in or its intention to become involved in any school bus operation prohibited by Section 49.19(6) of the Civil Administrative Code of Illinois. I. Ethanol Gasoline Pursuant to the Act (30 ILCS 740/2-15.1), PARTICIPANT hereby certifies that all gasoline burning motor vehicles operated under its jurisdiction use, if capable, fuel containing ethanol gasoline. J. Restrictions on Lobbying The PARTICIPANT affirms and attests that no compensation has been or will be paid from State Funds to a person or entity registered, or required to be registered, under the Illinois Lobby Registration Act (25 ILCS 170) for the purpose of influencing or attempting to influence an officer or employee of any state agency, or a member or employee of the Illinois General Assembly, in connection with the awarding of any state contract, grant, or loan, and the extension, continuation, renewal, amendment, or modification of the same. The PARTICIPANT certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this Agreement and understands that evidence of a violation of this clause may at any time be referred to the appropriate law enforcement agency, State's Attorney, or Attorney General and result in prosecution in the county where the offense is committed or in Sangamon County by the State's Attorney or the Attorney General of Illinois. The PARTICIPANT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative agreements) and that all sub- recipients shall certify accordingly. K. Notice Of Current Or Prospective Legal Matters PARTICIPANT must promptly notify the DEPARTMENT if a current or prospective legal matter emerges that may affect the DEPARTMENT. The PARTICIPANT must include similar notification requirement in its third party agreements and must require each third party participant to include an equivalent provision in its sub agreements at ever tier of non-procurement awards of any amount and all lower tiers of procurement transactions. TR OP105 (09/14/21)Page 14 of 16Printed 12/01/21 Agreement Number OP-22-13-IL APPENDIX 1 OPINION OF COUNSEL I, the undersigned, am an attorney, licensed by and duly admitted Signature Date Attorney's Name Attorney For City of Galesburg to practice law in the State of Illinois and am counsel and attorney for City of Galesburg ("PARTICIPANT"). In this capacity, my opinion has been requested concerning the eligibility of the PARTICIPANT for assistance under the provisions of Downstate Operating Assistance Act, 30 ILCS 740/2-1 et seq. ("Act"). I have also reviewed the Downstate Operating Assistance Agreement, Agreement No. , ("Agreement") tendered by theOP-22-13-IL, Grant No.OP-22-13-IL State of Illinois ("State") to the PARTICIPANT. I hereby advise as follows: 1. The recipient is an eligible Participant as defined in the Act. 2. There are no provisions in the PARTICIPANT's charter or by-laws or in the laws or rules of the State of Illinois, the United States of America, or any unit of local of government that preclude or prohibit the PARTICIPANT from entering into the Agreement. 3. The PARTICIPANT is fully empowered and authorized to enter into the Agreement and that Agreement, when executed by both parties, will be legally binding upon the PARTICIPANT and its successors and assigns. 4. I have no knowledge of any pending or threatened litigation, in either federal or state courts that would adversely affect this Agreement or prevent the PARTICIPANT from contracting with the State for the purpose of receiving a Downstate Operating Assistance Agreement. Based upon the foregoing, I am of the opinion that the PARTICIPANT is eligible under the provisions of the Act and is empowered and authorized accept the agreement from the State. TR OP105 (09/14/21)Page 15 of 16Printed 12/01/21 Agreement Number OP-22-13-IL APPENDIX 2 RESOLUTION AUTHORIZING EXECUTION AND AMENDMENT OF DOWNSTATE OPERATING ASSISTANCE AGREEMENT WHEREAS, the provision of public transit service is essential to the people of Illinois; and WHEREAS, the Downstate Public Transportation Act (30 ILCS 740/2-1 et seq.) (Act), authorizes the State of Illinois, acting by and through the Illinois Department of Transportation ("DEPARTMENT"), to make funds available to assist in the development and operation of public transportation systems; and WHEREAS, awards for said funds will impose certain obligation upon the PARTICIPANT, including provisions by it of the local share of funds necessary to cover costs not covered by funds provided under the Downstate Public Transportation Act. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARDS OF City of Galesburg Section 1. That the Mayor of the City of Galesburg enters into a Downstate Public Transportation Operating Assistance Agreement ("Agreement") with the State of Illinois and amend such Agreement, if necessary for fiscal year 22 in order to obtain assistance under the provisions of the Act. MayorSection 2. That the is hereby authorized and directed to execute the Agreement or its amendment(s) on behalf of the City of Galesburg for such assistance for fiscal year 22 . MayorSection 3. That the of the City of Galesburg is hereby authorized to provide such information and file such documents as may be required to perform the Agreement and to request and receive the funding for fiscal year .22 City of GalesburgSection 4. That while participating in said operating assistance program the shall provide all required local matching funds. PRESENTED and ADOPTED this day of , 202 . Signature of Authorized Official Date Title Mayor TR OP105 (09/14/21)Page 16 of 16Printed 12/01/21 Agreement Number OP-22-13-IL APPENDIX 3 AGREEMENT BUDGET ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: State Bid Approval recommendation, 2021-2022 winter supply of bulk rock salt for the City of Galesburg. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works, and the Purchasing Agent recommend that the City Council approve the use of the 2021-22 State Bid for Bulk Rock Salt in the amount of $73.69 per ton from Compass Minerals America, Inc. BACKGROUND: Annually, the City requests to be included in the State of Illinois Central Management Services bid for the purchase of Bulk Rock Salt. The benefits of this type of inclusion are: 1) the City purchases rock salt at a discount due to being included in a volume purchase and 2) the City reduces the risk of not being able to obtain rock salt in a timely manner. Contract pricing for this material is based upon the winter season. The rate charged for rock salt changes each August. Rates fluctuate based on the anticipated demand for salt. The proposed rate for approval covers a period from November 2021 through April 2022. This new rate is similar to the rate charged in 2019-2020 but much higher than last year. Last year’s rate was extremely low with Cargill securing most of the bids last winter. However, due to a large mine collapse at the end of last year, their production of salt was reduced to where they were not able to offer the same low bid price this year. The City is required to purchase a minimum of 2,320 tons of salt from this contract. Typically, the city uses between 2,500 and 3,000 tons of salt each winter but has used more for harsh winters. The city currently has about 2,000 tons stored in the salt building at this time. For historical purposes, prior year rates: Year Vendor Rate 2020-2021 Cargill $40.63 2019-2020 Compass $72.48 2018-2019 Cargill $55.979 2017-2018 Cargill $50.89 2016-2017 Cargill $68.65 2015-2016 Cargill $68.65 2014-2015 Cargill $53.77 BUDGET IMPACT: The City budgets annually for anticipated bulk salt use through the Motor Fuel Tax Fund. The City has budgeted sufficient funds for the winter season. SUPPORTING DOCUMENTS: 1. 2021-22 CMS Rock Salt Contract 21-3023 STATE OF ILLINOIS CONTRACT Central Management Services JPMC Rock Salt Bulk, FY22 22-416CMS-BOSS4-P-30920 1 State of Illinois IFB Contract: Title Page V.20.1 The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties. Contract includes BidBuy Purchase Order? (The Agency answers this question prior to contract filing.) ☐ Yes ☒ No Contract uses Illinois Procurement Gateway Certifications and Disclosures? ☒ Yes (IPG Certifications and Disclosures including FORMS B) ☐ No 1. DESCRIPTION OF SUPPLIES AND SERVICES 2. PRICING 3. TERM AND TERMINATION 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STATE SUPPLEMENTAL PROVISIONS 6. STANDARD CERTIFICATIONS 7. FINANCIAL DISCLOSURES AND CONFLICTS OF INTEREST 8. CONTRACT SPECIFIC CERTIFICATIONS AND DISCLOSURES – “FORMS B” (IF APPLICABLE) 9. PURCHASE ORDER FROM BIDBUY (IF APPLICABLE) In consideration of the mutual covenants and agreements contained in this contract, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this contract to be executed by their duly authorized representatives on the dates shown on the following CONTRACT SIGNATURES page AGENCY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS •Agency Reference#: 21-416CMS-BOSS4-R-89309 •Project Title: JPMC Rock Salt Bulk, FY22 •Contract#: 22-416CMS-BOSS4-P-3O92O • Procurement Method (IFB, RFP, Small Purchase, etc.): IFB •BidBuy Reference#: 22-416CMS-BOSS4-B-24795 •BidBuy Publication Date: 9/9/21 •Award Code: A •Subcontractor Utilization? D Yes 0No Subcontractor Disclosure? D Yes 0No •Funding Source: •Obligation #: •Small Business Set-Aside? D Yes 0No •Minority Owned Business? D Yes 0No •Women Owned Business? D Yes 0No •Persons with Disabilities Owned Business? D Yes 0No •Veteran Owned Small Business? D Yes 0No •Other Preferences? State of Illinois IFB Contract: State Use Only V.20.1 Percentage: Percentage: Percentage: Percentage: Percentage: X X X X X X X Illinois State Bid Subcontractors Totals for Handling and Hauling Solicitation 21-416CMS-BOSS4-B-24795 CMP - Form 1.6.2 Service Depot Depot Spend Freight & Fuel Spend Vendor Addresses Forms Chicago, IL Calumet Transload $1,722,000 10730 Burley Avenue, Chicago, IL 60617 B 5 Star Hauling $800,000 14210 Kenton Ave, Crestwood, Il 60418 B 5366 Logistics $640,000 4501 US-12, Richmond, IL 60071 B Sunset $175,000 1320 S Virginia, Crystal Lake, IL 60014 A Truck King Hauling Contractors, Inc.$3,200,000 4600 W 48th St, Chicago. Il 60632 B Keokuk, IA Roquette American Services Inc.$110,000 2301 Twin Rivers Road, Keokuk, IA 52632 A 97 Grain and Trucking- dba Midwest Express $56,000 10060 E 350 Macomb, IL 61455 B Commanche, IA ADM $270,000 1419 N Washington Blvd, Comanche, IA 52730 A ADM- Transport $370,000 4666 Faries Parkway Decatur, IL 62526 A Louisiana, MO Wayne B Smith $148,000 10415 Hwy 79, Louisiana, MO 63353 B George Potterfield Trucking $338,000 207 County Line Road, Monroe City, MO 63456 B Metropolis, IL Kotter Ready Mix $95,000 1200 E 2nd Street, Metropolis, IL 62960 B Kotter Ready Mix $183,000 1200 E 2nd Street, Metropolis, IL 62960 B Milwaukee, WI Compass Minerals $404,000 2001 S Lincoln Memorial, Milwaukee, WI 53207 Compass Form B CLK Systems Inc $261,000 39882 N Mauser Dr Wadsworth, IL 60083 B Portland $104,000 98 E Shore Drive, Random Lake, WI 53075 A PJ's Trucking $104,000 W125S9861 N Cape Road, Muskego, WI 53150 B Zizzo's $104,000 3000 Sheridan Rd., Kenosha, WI 53140 B Mt. Vernon, IN Mulzer Crushed Stone $61,000 10700 Hwy 69 S, Mt. Vernon, IN 47620 B Mulzer Crushed Stone $74,900 10700 Hwy 69 S, Mt. Vernon, IN 47620 B St. Louis, MO (Beelman) Beelman Terminal $472,000 210 Bremen Ave., Venice, IL 62090 B Beelman Logistics $478,000 #1 Racehorse Drive, E. St. Louis, MO 62205 B St. Louis, MO (Oakley) Bruce Oakley $13,000 1 Angelica St. St. Louis, Mo 63353 B George Potterfield Trucking $13,698 207 County Line Road, Monroe City, MO 63456 B Dubuque, Ia Peavey Co, Gavilon Grain $25,000 505 East 7th St, Dubuque, IA 52001 Less than $50K All Seasons Trucking $35,000 7750 Windy Ridge Dubuque, IA 52003 Less than $50K Rock Island, Il Alter- Rock Island River Terminal $291,000 7th Ave MILl Street Rock Island, IL 61201 Subcontractor will submit Forms post bid Overland Systems $368,000 13631 110th Ave Davenport, IA 52804 Subcontractor will submit Forms post bid Henry - Middle River Marine Henry - Middle River Marine $268,000 1440 County Road 1500 E, Henry, IL 61537 A Ozinga Transportation, Inc.$485,000 1440 County Road 1500 E, Henry, IL 61537 A Lemont - Middle River Marine Lemont - Middle River Marine $309,000 11400 Old Lemont Road, Lemont, IL 60439 A Ozinga Transportation, Inc.$293,600 11400 Old Lemont Road, Lemont, IL 60439 A Ottawa - Ottawa Barge Terminal Ottawa - Ottawa Barge Terminal $205,000 1365 N 2803 RD OTTAWA, IL 61350 A Wiesbrock Trucking $296,000 1748 E. 950th Road (PO Box 197) Leonore, IL 61335 A *All $'s are subject to change based on contract award ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: JAL Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Authorizing the city manager to obtain a new plan services provider for the city’s Section 125 Cafeteria Plan effective January 1, 2022. SUMMARY RECOMMENDATION: The City Manager and the Administrative Services Director recommend the City Council approve the authorization. BACKGROUND: The city now sponsors an IRC section 125 Flexible Spending Arrangement (FSA) plan for its employees. The current plan services provider is Consociate of Decatur, IL. The request is to contract with Flexible Benefit Service LLC as the plan services provider beginning January 1, 2022 and forward. This company has been recommended by our benefits & wellness consultant as they have access to coordinate claims with our health plan carrier Blue Cross Blue Shield. This ability streamlines claims for the participants. BUDGET IMPACT: none SUPPORTING DOCUMENTS: 1. FLEX Adoption Agreement 21-4113 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: JAL Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Authorizing the City Manager to renew a one-year contractual agreement with Molyneaux to provide Risk Management Consulting and Insurance Brokerage services for the City. SUMMARY RECOMMENDATION: The City Manager & the Administrative Services Director recommend the City Council authorize the City Manager to renew the current contract with Molyneaux to provide Risk Management Consulting and Insurance Brokerage Services for a flat annual fee of $32,000.00 for the period 1/1/2022 through 12/31/2022. BACKGROUND: In 2020, the city entered into a one-year agreement with Molyneaux to provide risk management and insurance consulting services. This request is for approval for a third year of risk management & consulting services. Molyneaux proved worthy of their fee in 2021 when they sought out and recommended, we move the property & liability insurance to IML RMA. The property and transit premiums were reduced significantly, coverages were broadened, and lines of coverage were added. In addition to consulting and insurance brokerage services, the fee from Molyneaux includes employee safety training at no additional cost to the City. This value-added service will save the City $3,000 to $5,000 per year in necessary training over outside vendors. BUDGET IMPACT: Funding for services is included in the 2022 proposed Risk Management Budget 078-51000 professional services. SUPPORTING DOCUMENTS: 1. Molyneaux Consulting Agreement 21-4114 Page 1 of 8 CONSULTING AGREEMENT This CONSULTING AGREEMENT (the “Agreement”) is made and entered into this 1st day of January, 2022 by and between Molyneaux Insurance, Inc. (“MOLYNEAUX”), an Iowa corporation having its principal place of business at 5025 Utica Ridge Road Suite 100, Davenport, Iowa 52807 and The City of Galesburg IL having its principal place of business at 55 W Tompkins St, Galesburg, IL 61401, individually a “Party” and collectively referred to as the “Parties”. WHEREAS, The City of Galesburg desires to engage MOLYNEAUX, and MOLYNEAUX desires to accept such engagement, as an independent contractor, to provide certain professional services to The City of Galesburg subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby promise, stipulate, covenant and agree as follows: 1. Independent Contractor Status. MOLYNEAUX is an Independent Contractor and this Agreement shall not be construed to create any association, partnership, joint venture, employment or agency relationship between MOLYNEAUX or MOLYNEAUX’s employees except as expressly provided herein and for no other purpose. MOLYNEAUX shall have no authority or power to represent The City of Galesburg other than as expressly granted herein and none shall be implied. MOLYNEAUX shall retain the sole and absolute discretion in the manner and means of carrying out the Services specified herein. a. No Employee Benefits. Without limiting Section 1, MOLYNEAUX and MOLYNEAUX’s employees and agents shall not be eligible and shall have no right to participate in any personal time off benefits, group medical or life insurance, disability, profit-sharing, retirement, or any other fringe benefits or benefit plans offered by The City of Galesburg to its employees. Further, The City of Galesburg shall not be responsible for withholding or paying any income, payroll, Social Security, or any other federal, state or local taxes, making any insurance contributions (including for unemployment and/or disability), or obtaining workers’ compensation insurance on MOLYNEAUX’s behalf. MOLYNEAUX acknowledges and agrees that MOLYNEAUX’s employees and agents are not entitled to receive Page 2 of 8 workers’ compensation benefits from any injury that MOLYNEAUX or its employees may suffer in the course of performing the Services. 2. MOLYNEAUX Services. The City of Galesburg hereby engages MOLYNEAUX, and MOLYNEAUX hereby accepts such engagement, as an independent contractor to provide the following safety and loss control services (the “Services”): a. Analysis, consulting and day to day servicing of insurance needs for the following exposures: i. Property Insurance ii. General Liability iii. Automobile Insurance iv. Directors and Officers Liability v. Employment Practices Liability vi. Crime vii. Sexual Misconduct Liability viii. Fiduciary Liability ix. Media Professional Liability x. Cyber Liability xi. Kidnap and Ransom xii. Foreign Liability xiii. Other coverages as necessary b. Insurance Premium Allocation Assistance c. Retention Program tracking and analysis d. Risk Management Assessments and Consulting as needed i. Contract Review as needed ii. Assistance with Negotiations on risk matters with third parties iii. Lead and Summarize “Risk Review” Discussions e. Claim/Loss Consulting i. Reporting assistance ii. Claim Advocacy iii. Claim and Experience Mod Analysis iv. Claim Reviews f. Loss Control Services i. Loss Control service hours ii. Coordination of Services with Insurer Risk Control Personnel iii. Tracking of and assistance with implementation of Loss Control Recommendations Page 3 of 8 iv. Providing safety training services for City employees v. Completing safety audits 3. Compensation and Expenses. In exchange for the Services, The City of Galesburg shall pay MOLYNEAUX an annual fee of $32,000 to be paid in a one annual installment. Additionally, The City of Galesburg agrees to pay and/or reimburse any direct expenses, which are incurred by MOLYNEAUX with the prior approval of The City of Galesburg. 4. Insurance. a. Errors & Omissions Insurance. MOLYNEAUX shall have and maintain, at its own cost, an errors and omissions insurance policy with minimum limits of liability coverage of Three million dollars ($3,000,000.00) per claim and Three million dollars ($3,000,000.00) annual aggregate. MOLYNEAUX shall, upon request, produce confirmation of such insurance to The City of Galesburg. Coverage shall be placed with a carrier rated “A-” or better by A.M. Best. b. Workers’ Compensation Insurance. Each Party shall provide workers' compensation insurance for its own employees and agents as required by any applicable workers’ compensation laws during the performance of Services. Should MOLYNEAUX be a sole proprietor and not required by state law to obtain workers’ compensation insurance and has so elected not to carry workers’ compensation insurance on himself/herself - he/she acknowledges that they are assuming all liability and related costs for any work-related disease or injuries to themselves in the performance of the Services for The City of Galesburg. c. Vehicle Liability Insurance. Each Party agrees to have and maintain vehicle liability insurance, including coverage for all owned, hired, and non- owned vehicles. The limits of liability shall be not less than one million dollars ($1,000,000.00) combined single limit each occurrence for bodily injury and property damage. d. Commercial General Liability Insurance. Each Party agrees to have and maintain a policy of broad-form commercial general liability insurance, including but not limited to contractual liability coverage. The limits of Page 4 of 8 liability shall be not less than one million dollars ($1,000,000.00) per each occurrence and one million dollars ($1,000,000.00) annual aggregate. e. City of Galesburg Self-Insured. The City of Galesburg shall satisfy the above obligations through its self-insurance program which shall at all times maintain at least one million dollars ($1,000,000) in retained funds in combination with insurance coverage with RMA.. 5. Indemnification. a. MOLYNEAUX obligations. To the fullest extent permitted under the law, MOLYNEAUX shall defend, indemnify and hold harmless The City of Galesburg and its affiliates, officers, directors, employees, agents, successors and permitted assigns (collectively, The City of Galesburg Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, and the cost of enforcing any right to indemnification hereunder (collectively, the “Losses”) which may be imposed upon, incurred by or asserted against The City of Galesburg Indemnitees arising out of or relating to any claim, suit, action or proceeding (each, an “Action”) but only to the extent that such Action alleges to arise out of or result from: (i) MOLYNEAUX’s breach or non-fulfillment of any representation, warranty, covenant or obligation of MOLYNEAUX under this Agreement; (ii) any negligent, reckless or intentional act or omission of MOLYNEAUX or MOLYNEAUX’s employees or agents in connection with the performance of its obligations under this Agreement; (iii) any bodily injury, death of any person or damage to real or tangible personal property caused by the negligent act or omission of MOLYNEAUX or MOLYNEAUX’s employees or agents; or (iv) any failure by MOLYNEAUX or MOLYNEAUX’s employees and agents to comply with any applicable laws and regulations in the performance of its obligations under this Agreement. This Section shall not apply if such Losses are wholly caused by the sole negligence or willful misconduct of The City of Galesburg Indemnitees. The obligations assumed in this Section shall survive the termination of this Agreement. b. The City of Galesburg obligations. To the fullest extent permitted under the law, The City of Galesburg shall defend, indemnify and hold harmless MOLYNEAUX and its affiliates, officers, directors, employees, agents, , successors and permitted assigns (collectively, “MOLYNEAUX Page 5 of 8 Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, and the cost of enforcing any right to indemnification hereunder (collectively, the “Losses”) which may be imposed upon, incurred by or asserted against MOLYNEAUX Indemnitees arising out of or relating to any claim, suit, action or proceeding (each, an “Action”) but only to the extent that such Action alleges to directly arise out of or result from: (i) The City of Galesburg’s breach or non-fulfillment of any representation, warranty, covenant or obligation of The City of Galesburg under this Agreement; (ii) any negligent, reckless or intentional act or omission of The City of Galesburg or The City of Galesburg’s employees or agents in connection with the performance of its obligations under this Agreement; (iii) any bodily injury, death of any person or damage to real or tangible personal property caused by the negligent act or omission of The City of Galesburg or The City of Galesburg’s employees or agents; or (iv) any failure by The City of Galesburg or The City of Galesburg’s employees and agents to comply with any applicable laws and regulations in the performance of its obligations under this Agreement. This Section shall not apply to the extent such Losses are caused by the sole negligence, willful misconduct or recklessness of MOLYNEAUX Indemnitees. The obligations assumed in this Section shall survive the termination of this Agreement. 6. Waiver of Subrogation. Each Party and its respective employees and agents hereby waive any and all rights of recovery against the other Party and its affiliates, respective officers, directors, employees, agents, successors and permitted assigns, in connection with, resulting from or arising out of this Agreement with respect to any loss covered by, or which should have been covered by, the insurance coverages which were required and/or recommended in Section 9 of this Agreement. For the purposes of this Section, all deductibles, retentions, coinsurance requirements, protective safeguards, and/or penalty clauses that may be applied to such insurance proceeds shall be considered insured losses and therefore subject to the Waiver of Subrogation as provided herein. Inasmuch as the above waivers will preclude the assignment of any aforesaid claim by way of subrogation to an insurance company, the Parties hereby agree to give to each insurance company providing a policy as described herein, written notice of the terms of said waivers, and to have said insurance policies properly endorsed, if Page 6 of 8 necessary, to prevent the invalidation of said insurance coverages by reason of said waivers. 7. Confidentiality. Each Party shall treat information received from the other Party that relates to this Agreement as confidential and shall not disclosure such information to any person not entitled to receive it except as may be necessary to fulfill the Party’s respective obligations as set forth in this Agreement or as required by law or regulatory authority. 8. Term. This Agreement shall commence on the date set forth in the opening paragraph of this Agreement and shall remain in effect until terminated in accordance with its terms. 9. Notice. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the designated representatives of the Parties at the addresses set forth herein. All Notices shall be delivered by personal delivery, nationally-recognized overnight courier, email (with confirmation of transmission), or certified or registered mail. For The City of Galesburg, the designated representatives are: City Manager Todd Thompson or City Attorney Bradley Nolden. For MOLYNEAUX, the designated representatives are: All Molyneaux assigned employees to the City of Galesburg. 10. Termination. a. Termination by Mutual Agreement or Notice. This Agreement may be terminated at any time, by mutual written agreement of the Parties, or by either Party giving at least sixty (60) days’ advance written notice in the manner specified in Section 9. b. Termination for Cause. This Agreement may be terminated immediately upon notice by either Party if the other Party: (i) fails to comply with any material terms of this Agreement; or (ii) breaches its fiduciary duty to the other Party. c. Automatic Termination. This Agreement shall terminate automatically if either Party becomes insolvent or is placed into bankruptcy, receivership, reorganization, or similar action. Page 7 of 8 11. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 12. Modifications and Non-waiver. No modification, amendment, waiver, change or termination of any of the terms, provisions, or conditions of this Agreement shall be effective unless made in writing and signed or initialed by the Parties. No delay or failure by either Party to exercise any right granted by this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right unless otherwise expressly provided herein. 13. Headings. Headings in this Agreement are for convenience and shall not be used to interpret or construe its provisions. 14. Counterparts. This Agreement may be executed in multiple counterparts and by facsimile signature, each of which shall be deemed an original and all of which together shall constitute one instrument. 15. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 16. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in Scott County, Iowa in any Action in connection with, resulting from or arising out of this Agreement or the Services provided hereunder by either Party. 17. Jury Trial Waiver. Each of the Parties to this Agreement hereby waives the right to a trial by jury on any of the matters arising out of this Agreement. Page 8 of 8 Each of the Parties understands and agrees that, in the event any Party to this agreement commences an action to enforce this Agreement, the prevailing party shall be entitled to recover any and all costs and expenses, including without limitation attorneys’ fees incurred as a result of such action, whether incurred before, during, or after such action is commenced or concluded. 18. Representation. Each Party to this Agreement acknowledges and agrees that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party hereto, or anyone acting on behalf of any Party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the date and year first written above. The City of Galesburg MOLYNEAUX Signature:____________________________ Signature:___________________________ Print Name:__________________________ Print Name:__________________________ Title: _______________________________ Title: _______________________________ 5025 Utica Ridge Road, Suite 100 Davenport, IA 52807 (563)324-1011 www.molyneaux.com *** I N V O I C E *** Invoice Date 11/10/2021City of Galesburg Invoice No. 108976PO Box 1589 Galesburg, IL 61402-1589 Bill To Code GALESBU-01 Client Code GALESBU-01 Molyneaux InsuranceMake checks payable to: Amount Remitted: $ please include this portion with your payment Account Name:City of Galesburg Molyneaux Insurance, Inc Policy Number:CONSULTING Agency Service Fees Policy Period:1/1/2022 to 1/1/2023 Due Date:1/1/2022 1-1-22/23 Consulting Fee $32,000.00 Invoice Number: 108976 Total Invoice Balance: $32,000.00 11/10/2021 MACNI1 Janet McDaniel, CIC Page1 of 1 ***PLEASE NOTE THAT OUR PAYMENT TERMS HAVE CHANGED*** Invoices not paid within 30 days may be subject to cancellation. CITY OF GALESBURG COUNCIL LETTER DECEMBER 6, 2021 AGENDA ITEM: Purchase of Insurance Coverage for City Liability / Property / Vehicles SUMMARY RECOMMENDATION: The City Manager and City Attorney / Administrative Services Director recommend the City Council authorize the purchase of insurance policies from the Illinois Municipal League Risk Management Association (RMA). BACKGROUND: In April of this year the city entered into an agreement with RMA to place certain coverages of insurance with their association. At the time, and the time of expiration of the current policy, the coverages for the Galesburg Fire Department were moved to RMA. For consideration of the Council is the renewal of the policy period 1/1/2022 - 12/31/2022 of the current coverages purchased by the city. Coverages include general liability, property damage for buildings, automobile liability & physical damage for the fire & police departments and transit vehicles, public official bonds and law enforcement liability. The policy has a deductible of $10,000 per occurrence for most lines of coverage and would become effective January 1, 2022 with an annual premium of $442,796. BUDGET IMPACT: Sufficient funding is budgeted in the Risk Fund for this purchase. SUPPORTING DOCUMENTS: 1.RMA Invoice Prepared by: JAL Page 1 of 1 21-4115 INVOICE Municipality: CITY OF GALESBURG Date: November 10, 2021 Illinois Municipal League Risk Management Association Contribution Effective: 01/01/2022 – 01/01/2023 ADDITION OF POLICE VEHICLES: $ 2,207 Including Auto Liability at $2 million per occurrence Subject to $10,000 deductible for Auto Liability and Auto Physical Damage ADDITION OF POLICE EQUIPMENT: $ 503 Subject to $1,000 deductible TOTAL ADDITIONAL CONTRIBUTION DUE (effective 1/1/2022): $ 2,710 Please make your check payable to I.M.L RISK MANAGEMENT ASSOCIATION and return with one copy of this bill. IML RML INSURANCE COVERAGE ANNUAL CONTRIBUTION RMA EFFECTIVE DATE Fire Dept. General and Auto Liability $ 24,870.00 1/1/2022 Fire Dept. Inland Marine Coverage $ 1,755.00 1/1/2022 Fire Dept. Auto Physical Damage Coverage $ 12,471.00 1/1/2022 Police Dept. Auto Physical Damage Coverage $2,710.00 1/1/2022 Public Official Bonds $ 1,875.00 1/1/2022 Law Enforcement Liability $ 28,008.00 1/1/2022 Bus Dept. General and Auto Liability $ 177,480.00 1/1/2022 Bus Dept. Auto Physical Damage Coverage $ 6,094.00 1/1/2022 Cyber Liability – All Departments (at standard $250K RMA limits) INCL 1/1/2022 Crime – All Departments $750.00 1/1/2022 All Other General and Public Officials Liability $ 65,623.00 1/1/2022 Property and Equipment Breakdown $ 114,910.00 1/1/2022 Business Income/Extra Expense $ 4,250.00 1/1/2022 INSURANCE TOTAL $ 440,796.00 Annual Membership Fee $ 2,000.00 1/1/2022 TOTAL DUE FOR 2022 $ 442,796.00 *applying for $1M Cyber coverage; will charge for that amt User: Printed:11/30/2021 - 8:46AM tmiller Transactions by Account Batch:00006.12.2021 Accounts Payable Account Number Vendor AmountDescription PO No Date 001-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 306-55800 6,370.25 000009204011/29/2021 001-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 445-55800 10,409.81 000009204011/29/2021 001-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 510-55800 2,084.83 000009204011/29/2021 001-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 205-55800 36,046.65 000009204011/29/2021 001-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 120-55800 4,547.81 000009204011/29/2021 001-0000-10701-00 Jensen Information Tech Inc Jan - Nov 2022 - Annual Watchguard firewall renewal 4,986.65 000009204311/29/2021 001-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 115-55800 2,084.83 000009204011/29/2021 001-0000-10701-00 Supreme Radio Communications, Inc.01/22 Maint of Equip 986.5011/29/2021 001-0000-10701-00 Supreme Radio Communications, Inc.01/22 Maint of Equip 1,637.5511/29/2021 001-0000-10701-00 Supreme Radio Communications, Inc.01/22 Maint of Equip 815.0011/29/2021 001-0000-10701-00 TextMyGov 01/22 - 12/22 Software support 1,500.0011/29/2021 001-0000-10801-00 Napa Auto Parts Lamp 35.6911/09/2021 001-0000-10801-00 Map Automotive of Peoria Stop Lamp 45.0611/29/2021 001-0000-10801-00 Napa Auto Parts Markers 6.3811/09/2021 001-0000-10801-00 Interstate Battery Systems of Central IllinoisBatteries 171.9811/29/2021 001-0000-20102-00 CenturyLink 10/21 Service 1,616.0010/31/2021 001-0000-22002-00 OLIVIA JOHNSON Reissue UB Refund Ck #95404 97.1911/29/2021 73,442.18Subtotal for Divison: 0000 001-0105-51000-00 Managing Results, LLC Strategic Planning Services 14,012.47 000009205111/29/2021 14,012.47Subtotal for Divison: 0105 001-0110-61000-00 Office Specialists, Inc.Easels 126.7011/29/2021 126.70Subtotal for Divison: 0110 001-0115-51000-00 SpringbrookSoftware LLC 10/21 Civic PayPad Fees 25.0011/29/2021 001-0115-51000-00 Knox County Recorders Office 10/21 Laredo 22.0011/29/2021 001-0115-61000-00 Office Specialists, Inc.Sign Here Flags 11.2811/29/2021 001-0115-61000-00 Office Specialists, Inc.Paper 15.8211/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 1 21-8022 Account Number Vendor AmountDescription PO No Date 001-0115-61000-00 Office Specialists, Inc.Note 3x3 41.7811/29/2021 001-0115-84500-00 Knox Township Knox Township Annexation Pmt 2,467.6711/29/2021 001-0115-84500-00 Galesburg Township Galesburg Township Annexation Pmt 959.1111/29/2021 3,542.66Subtotal for Divison: 0115 001-0120-56506-00 Consociate-Dansig 11/21 FSA Admin Fee 80.7511/29/2021 80.75Subtotal for Divison: 0120 001-0145-51010-00 Quinn Johnston 08/21 - 10/21 Legal Fees 6,410.1411/29/2021 001-0145-51010-00 Statham & Long, LLC 09/21 - 10/21 Adjudication 621.0011/29/2021 7,031.14Subtotal for Divison: 0145 001-0160-51000-00 Credit Collection Partners 10/21 Service 107.5011/29/2021 001-0160-51000-00 Collection Professionals, Inc 10/21 Service 30.0011/29/2021 001-0160-59516-00 Matthew Reed AV Services - 10/25/21 Council work session 120.0011/29/2021 001-0160-59516-00 Jeffrey R Cervantez 10/21 AV Services for City Meetings 240.0011/29/2021 497.50Subtotal for Divison: 0160 001-0205-51000-00 SpringbrookSoftware LLC 10/21 Civic PayPad Fees 67.1311/29/2021 67.13Subtotal for Divison: 0205 001-0207-55800-00 Jensen Information Tech Inc Dec 2021 - Annual Watchguard firewall renewal 453.34 000009204311/29/2021 453.34Subtotal for Divison: 0207 001-0305-51500-00 Register Mail, Inc.Planning Ads #00021744 271.8911/29/2021 271.89Subtotal for Divison: 0305 001-0306-51000-00 SpringbrookSoftware LLC 10/21 Civic PayPad Fees 3.5011/29/2021 001-0306-51000-00 Knox County Recorders Office 10/21 Laredo 22.0011/29/2021 001-0306-55400-00 Werner Restoraton Services, Inc.Board up services at 465 Mulberry St 389.1611/29/2021 001-0306-55400-00 Werner Restoraton Services, Inc.Emergency Board up at 2069 Windish Dr 2,158.1111/29/2021 001-0306-55400-00 Kendall Zimmerman Weed Mowing - VL 382 N Prairie St 50.0011/29/2021 001-0306-55400-00 Kendall Zimmerman Weed Mowing - 1692 Bateman St 100.0011/29/2021 001-0306-55400-00 Kendall Zimmerman Trash/debris removal - 623 Lincoln St 95.0011/29/2021 001-0306-55400-00 Kendall Zimmerman Weed Mowing - 224/238/240 N Seminary St 150.0011/29/2021 001-0306-55400-00 Kendall Zimmerman Weed Mowing - 683 Day St 125.0011/29/2021 001-0306-55400-00 Kendall Zimmerman Weed Mowing - 355 E Second St 100.0011/29/2021 001-0306-55400-00 Werner Restoraton Services, Inc.Emergency Board up at 715 Monmouth Blvd 532.0011/29/2021 001-0306-55400-00 Werner Restoraton Services, Inc.Emergency Board up at 334 N Chambers St 281.3411/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 2 Account Number Vendor AmountDescription PO No Date 001-0306-55400-00 Werner Restoraton Services, Inc.Emergency Board up at 820 E Fifth St 347.8011/29/2021 001-0306-55400-00 Kendall Zimmerman Trash/debris removal - 392 N Broad St 60.0011/29/2021 001-0306-61000-00 Office Specialists, Inc.Envelopes 22.1311/29/2021 001-0306-62500-00 Ford of Galesburg Strut #400 72.4511/29/2021 4,508.49Subtotal for Divison: 0306 001-0410-51000-00 Knox County Recorders Office 10/21 Laredo 22.0011/29/2021 001-0410-51000-00 SpringbrookSoftware LLC 10/21 Civic PayPad Fees 3.5011/29/2021 001-0410-61000-00 Office Specialists, Inc.Misc Supplies 51.3311/29/2021 001-0410-61000-00 Office Specialists, Inc.Report covers 23.0611/29/2021 99.89Subtotal for Divison: 0410 001-0445-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 8.1410/31/2021 001-0445-55500-00 Heritage-Crystal Clean, LLC Used oil pickup 43.5011/29/2021 001-0445-55500-00 Moore Tires, Inc Tire Repair #182 19.9911/29/2021 001-0445-55700-00 Royal Cleaning Services 11/21 Janitorial Services 242.0011/29/2021 001-0445-55700-00 Howe Overhead Doors, Inc.Install lock collars 340.0011/29/2021 001-0445-57500-00 Aramark Uniform Serv. Inc.11/21 Service 48.1611/29/2021 001-0445-57500-00 Aramark Uniform Serv. Inc.11/21 Service 48.1611/29/2021 001-0445-57500-00 Aramark Uniform Serv. Inc.11/21 Service 48.1611/29/2021 001-0445-57500-00 Aramark Uniform Serv. Inc.11/21 Service 48.1611/29/2021 001-0445-62500-00 Napa Auto Parts Filter #183 31.6911/09/2021 001-0445-62500-00 Ford of Galesburg Bumper #166 464.4211/29/2021 001-0445-63000-00 Napa Auto Parts Cable ties 21.1811/09/2021 001-0445-63000-00 Napa Auto Parts Cable Tie 22.9811/29/2021 001-0445-63000-00 Advance Auto Parts WD-40 33.0611/29/2021 001-0445-63000-00 Advance Auto Parts Oil absorbant 399.6011/29/2021 001-0445-63000-00 Napa Auto Parts Cloth Utility Roll 58.9911/29/2021 1,878.19Subtotal for Divison: 0445 001-0450-52000-00 Ameren Illinois 11/21 Electricity #1849136006 90.8411/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #0630746094 23.0111/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #0687106098 68.7511/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #7485196171 43.2411/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #4002676336 31.4411/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #5759526412 32.0111/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #2076406570 41.1911/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #2517037455 34.6511/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 3 Account Number Vendor AmountDescription PO No Date 001-0450-52000-00 Ameren Illinois 11/21 Electricity #9824607537 39.6411/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #0977297939 42.6911/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #7757492977 22.7311/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #2530045779 29.3411/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #6226759213 39.1411/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #1308849617 35.7311/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #3461020007 95.3311/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #2133020058 101.9811/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #4513012004 25.6511/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #2816294896 44.8211/29/2021 001-0450-52000-00 Ameren Illinois 11/21 Electricity #2447135009 81.0811/29/2021 001-0450-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 48.8710/31/2021 001-0450-55500-00 Pomp's Tire - Galesburg Tire repairs #122 238.9011/29/2021 001-0450-55500-00 Nichols Diesel Service, Inc.Remove Steering Arm #109 199.5011/29/2021 001-0450-55500-00 Nichols Diesel Service, Inc.Tow #108 260.0011/29/2021 001-0450-55700-00 Four Seasons Pest Control 09/21 Service 15.0011/29/2021 001-0450-55700-00 Four Seasons Pest Control 10/21 Service 40.0011/29/2021 001-0450-61000-00 Office Specialists, Inc.Paper, Post-It Notes 12.3711/29/2021 001-0450-61000-00 Office Specialists, Inc.Paper, Post-It Notes 12.6811/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Air Hose #114 20.7711/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Coolant Tank #108 470.6111/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.King Pin Kit #109 1,021.4111/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Turbo Tube #109 311.3011/29/2021 001-0450-62500-00 Knapheide Truck Equipment Spreader auger #113 1,696.6811/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Window Regulator #107 833.8811/29/2021 001-0450-62500-00 Mutual Wheel Co., Inc.Front Brakes #109 636.6211/29/2021 001-0450-62500-00 Napa Auto Parts Lens #109 8.1811/09/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Exhaust Brack Credit Incorrect Part #108 -467.5511/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Brake Shoes #109 634.3611/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Steering Knuckle #109 1,469.4611/29/2021 001-0450-62500-00 Advance Auto Parts Primer #122 127.3811/29/2021 001-0450-62500-00 Advance Auto Parts Paint #122 59.0111/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Wheel Speed Sensor #109 131.2211/29/2021 001-0450-62500-00 Nichols Diesel Service, Inc.Release Valve #107 36.6611/29/2021 001-0450-65500-00 Michael Todd & Co., Inc.Snow plow wax 617.1411/29/2021 001-0450-66500-00 Galesburg Electric, Inc.Misc tools 177.2711/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 4 Account Number Vendor AmountDescription PO No Date 9,534.98Subtotal for Divison: 0450 001-0505-51500-00 Register Mail, Inc.Police ads #00020710 100.0011/29/2021 001-0505-54500-00 Tom Peters IFPCA Fall Seminar-mileage 184.8011/29/2021 001-0505-54500-00 Diane VanHootegem IFPCA Fall Seminar - mileage & lodging 356.5311/29/2021 641.33Subtotal for Divison: 0505 001-0510-51000-00 Bridgeway Training Services Document Destruction 24.0011/29/2021 001-0510-52000-00 Ameren Illinois 11/21 Electricity #6523760498 77.8411/29/2021 001-0510-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 4.0710/31/2021 001-0510-54500-00 Petty Cash - Police Dept.FBI NA Training - D Hostens 20.0011/29/2021 001-0510-54500-00 Petty Cash - Police Dept.Quad City Chief Meeting - D Hostens 20.0011/29/2021 001-0510-54500-00 Petty Cash - Police Dept.Quad Cities Council of Police Chiefs - D Hostens 20.0011/29/2021 001-0510-54500-00 Petty Cash - Police Dept.Quad City Chief Meeting - R Idle 20.0011/29/2021 001-0510-54500-00 Kim Turner LLC Field Training Officer - P Ruggles 525.0011/29/2021 001-0510-54500-00 Petty Cash - Police Dept.FBI NA Training - R Idle 20.0011/29/2021 001-0510-55500-00 Supreme Radio Communications, Inc.Misc maint of #23 766.3211/29/2021 001-0510-55500-00 Supreme Radio Communications, Inc.Misc radio maint 45.0011/29/2021 001-0510-55500-00 Supreme Radio Communications, Inc.11/21-12/21 Maint of Equip 1,630.0011/29/2021 001-0510-55500-00 Supreme Radio Communications, Inc.11/21 - 12/21 Maint of Equip 3,275.1011/29/2021 001-0510-55500-00 Supreme Radio Communications, Inc.Misc maint of squadcar lights 300.0011/29/2021 001-0510-55700-00 Four Seasons Pest Control 10/21 Service 15.0011/29/2021 001-0510-55700-00 Four Seasons Pest Control 09/21 Service 15.0011/29/2021 001-0510-57500-00 Burke Cleaners, Inc 09/21 Police Uniform Cleaning 193.03 000009189711/29/2021 001-0510-61000-00 Office Specialists, Inc.Toner 84.1411/29/2021 001-0510-61000-00 Office Specialists, Inc.Dsk/CD Mailer 75.5711/29/2021 001-0510-61000-00 Office Specialists, Inc.Trimmer 83.8211/29/2021 001-0510-61000-00 Office Specialists, Inc.Napkins 33.8211/29/2021 001-0510-61000-00 Office Specialists, Inc.Toner, Stapler 144.8411/29/2021 001-0510-62500-00 Ray O'Herron Co., Inc.48" Bar w/remote control 1,204.0011/29/2021 001-0510-62500-00 Ford of Galesburg Turbo #48 958.8011/29/2021 001-0510-62500-00 Randall's Performance EGR Delete kit with up-pipe #48 250.0011/29/2021 001-0510-62500-00 Randall's Performance Up-pipe gasket #48 5.5511/29/2021 001-0510-62500-00 Advance Auto Parts Fuel filter & Brake pads #48 100.7711/29/2021 001-0510-62500-00 Advance Auto Parts Brake pads #48 47.4411/29/2021 001-0510-66500-00 Tritech Forensics Blood specimen collection kits 75.0011/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.DUTY HANDCUFF TACO U-MNT BLK CUFFS 559.34 000009203611/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 5 Account Number Vendor AmountDescription PO No Date 001-0510-67500-00 Ray O'Herron Co., Inc.DUTY DBL POSTOL TACO COVERED DOUBLE MAG 487.79 000009203611/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.STREETSHIRT LS DK NAVY 1,295.59 000009203611/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.4 Covered pistol pouches 176.0011/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.ARMORSKINBASE POLLY LS 357.41 000009203611/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.DUTY EXTD PISTOR TACO BLACK BATON 513.98 000009203611/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.DUTY PISTOL TACO COVERED BLACK OD 544.22 000009203611/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.2 pairs of pants - M Ingles 108.0011/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.TACO TASER POUCH 665.15 000009203611/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.DUTY PISTOL TACO 0-MNT BLACK FLASHLIGHT 453.52 000009203611/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.Return 2 shirts -109.9811/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.2 Pairs of pants - T Boynton 108.0011/29/2021 001-0510-67500-00 Ray O'Herron Co., Inc.Vest - D Hostens 100.0011/29/2021 001-0510-67500-00 Artistic Engraving Police officer star 191.5711/29/2021 001-0510-67500-00 Artistic Engraving Lieutenant star 89.7511/29/2021 001-0510-69000-00 Ray O'Herron Co., Inc.Ammo 2,567.2511/29/2021 001-0510-69000-00 Axon Enterprise, Inc A La Carte bundle & Battery Pack 253.4011/29/2021 18,395.10Subtotal for Divison: 0510 001-0550-51000-00 Select Advantage 10/21 911 Dispatcher Assessment Services 60.0011/29/2021 001-0550-61000-00 Office Specialists, Inc.Tape, Pens 65.2511/29/2021 001-0550-61000-00 Office Specialists, Inc.Paper 184.9511/29/2021 001-0550-61000-00 Office Specialists, Inc.Returned Trimmer -58.4011/29/2021 001-0550-85500-00 Knox County Sheriff's Department 12/21 Share of Ambulance Service 674.8211/29/2021 926.62Subtotal for Divison: 0550 001-0605-52000-00 Ameren Illinois 11/21 Electricity #2511571691 206.6611/29/2021 001-0605-52000-00 Ameren Illinois 11/21 Electricity #7475491851 91.7111/29/2021 001-0605-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 89.5910/31/2021 001-0605-54500-00 University of Illinois Firefighter Academy - N Morrissey 4,100.0011/29/2021 001-0605-55500-00 Supreme Radio Communications, Inc.11/21-12/21 Maint of Equip 1,973.0011/29/2021 001-0605-55500-00 Supreme Radio Communications, Inc.Repair headset 208.6211/29/2021 001-0605-55500-00 Supreme Radio Communications, Inc.Install antenna 150.5811/29/2021 001-0605-55700-00 Four Seasons Pest Control 10/21 Service 5.0011/29/2021 001-0605-55700-00 Four Seasons Pest Control 09/21 Service 20.0011/29/2021 001-0605-55700-00 Four Seasons Pest Control 09/21 Service 15.0011/29/2021 001-0605-55700-00 Mechanical Service Inc.Replaced condenser and energized system 105.0011/29/2021 001-0605-55700-00 Four Seasons Pest Control 09/21 Service 15.0011/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 6 Account Number Vendor AmountDescription PO No Date 001-0605-55700-00 Four Seasons Pest Control 09/21 Service 15.0011/29/2021 001-0605-55800-00 Breton SmarTek Annual FIREQ subscription 720.0011/29/2021 001-0605-57500-00 Office Specialists, Inc.Disinfectant 29.7811/29/2021 001-0605-65000-00 Office Specialists, Inc.Toilet paper 35.3211/29/2021 001-0605-65000-00 Office Specialists, Inc.Dish Soap, Disinfectant 57.6211/29/2021 001-0605-65000-00 Office Specialists, Inc.Paper Towels, Disinfectant 68.3111/29/2021 001-0605-65000-00 Office Specialists, Inc.Paper towels 25.8311/29/2021 001-0605-65000-00 Office Specialists, Inc.Oil Absorbant 25.4211/29/2021 001-0605-65500-00 Supreme Radio Communications, Inc.cable 19.6411/29/2021 001-0605-65500-00 Alexis Fire Equipment Co., Inc.Domelight 270.7911/29/2021 001-0605-66000-00 Mechanical Service Inc.Condenser 20.3711/29/2021 001-0605-66000-00 AMP Electrical Services, Inc.Galvanized line 155.7911/29/2021 001-0605-66500-00 Alexis Fire Equipment Co., Inc.Velcro 60.0011/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc 1 Perf Tee - Carlson 14.0011/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc 1 Fast Tac Pant - B Gleason 39.9911/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc 4 Perf Tee, Stocking Cap w/ Logo - J Cypert 84.5011/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc 1 Polo shirt, 1 Turtleneck & 1 Perf Tee - J Connour 133.9911/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc 2 Perf Tee, 2 Turtleneck, Ball Cap - T Scott 203.9811/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc Rip Stop EMS Pant - J Connour 59.9911/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc Crewneck, 2 Perf Tee, Ball Cap, Stocking Hat w/ Logo - K McGee 78.4911/29/2021 001-0605-67500-00 Benjamin Johnson Safety toe boots 132.0011/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc 2 Turtlenecks - J Herbert 149.9811/29/2021 001-0605-67500-00 Midwest Uniform Supply, Inc Turtleneck, Stocking Cap w/ Logo & 1 Perf Tee - J Seitz 100.9911/29/2021 001-0605-68600-00 Office Specialists, Inc.Gloves 262.8011/29/2021 001-0605-68600-00 Office Specialists, Inc.Gloves 150.0011/29/2021 001-0605-68600-00 Office Specialists, Inc.Returned gloves -262.8011/29/2021 9,631.94Subtotal for Divison: 0605 001-0630-52000-00 Ameren Illinois 11/21 Electricity #8232032334 195.5011/29/2021 001-0630-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 4.0710/31/2021 199.57Subtotal for Divison: 0630 Subtotal for Fund 001 145,341.87 011-0000-66000-00 Galesburg Builders Supply, Inc.Portland Cement Concrete Class SI for 2021 220.00 000009182611/29/2021 011-0000-66000-00 Galesburg Builders Supply, Inc.Portland Cement Concrete Class SI for 2021 9.00 000009182611/29/2021 011-0000-66000-00 Galesburg Builders Supply, Inc.High Performance patching mix for 2021 510.13 000009182511/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 7 Account Number Vendor AmountDescription PO No Date 011-0000-66000-00 Galesburg Builders Supply, Inc.Portland Cement Concrete Class SI for 2021 257.63 000009182611/29/2021 996.76Subtotal for Divison: 0000 Subtotal for Fund 011 996.76 013-0000-51000-00 Bruner, Cooper and Zuck, Inc.Engineering agreement for the preparation of bid documents and p 6,092.36 000009168411/29/2021 013-0000-83100-00 Bruner, Cooper and Zuck, Inc.Preparation of Bid Documents and Construction Engineering for Ph 1,095.89 000009200711/29/2021 7,188.25Subtotal for Divison: 0000 Subtotal for Fund 013 7,188.25 014-0000-51000-00 Bruner, Cooper and Zuck, Inc.Material Testing Services for the 2021 Construction season 240.00 000009192711/29/2021 014-0000-64500-00 Galesburg Electric, Inc.Supplies for Steele school crosswalk 77.6611/29/2021 014-0000-64500-00 Impact Recovery Systems In-street signs - South St 2,066.4811/29/2021 014-0000-64500-00 Galesburg Electric, Inc.Bulbs 102.4011/29/2021 014-0000-64500-00 O'Reilly Auto Parts Battery 578.6011/29/2021 014-0000-66000-00 Galesburg Builders Supply, Inc.Additional Controlled Low Strength Material (CLSM) for 2021 462.00 000009183011/29/2021 3,527.14Subtotal for Divison: 0000 Subtotal for Fund 014 3,527.14 018-0000-52000-00 Ameren Illinois 11/21 Electricity #2553132016 158.8511/29/2021 018-0000-55500-00 Eastern Iowa Tire Tire disposal #112 12.0011/29/2021 018-0000-55500-00 Altorfer Inc.Service Level 1-IDOT Generator 1,055.0011/29/2021 018-0000-62500-00 Key Equipment & Supply Co Oil cooler #128 2,254.7511/29/2021 3,480.60Subtotal for Divison: 0000 Subtotal for Fund 018 3,480.60 019-0000-10701-00 Johnson Controls Security Solutions 01/22-02/22 Recurring Service 483.3411/29/2021 019-0000-20102-00 CenturyLink 10/21 Service 548.4710/31/2021 019-0000-33386-00 Mercer County Golden Eagles Refund-Cancelled legal due to low enrollment 1,428.0011/29/2021 2,459.81Subtotal for Divison: 0000 019-1905-51500-00 WGIL/WAAG/WLSR, Inc.Radio ads 583.0011/29/2021 019-1905-51500-00 WMOI - FM Radio ads 250.0011/29/2021 019-1905-59528-00 Galesburg Community Foundation 08/21 2% Hotel/Motel Tax Pmts 27,117.4211/29/2021 019-1905-59528-00 Galesburg Community Foundation 09/21 2% Hotel/Motel Tax Pmts 31,410.9611/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 8 Account Number Vendor AmountDescription PO No Date 019-1905-59537-00 Knox Civic Center Authority 09/21 2% Hotel/Motel Tax Pmts 16,532.0611/29/2021 019-1905-59537-00 Knox Civic Center Authority 08/21 2% Hotel/Motel Tax Pmts 14,272.3111/29/2021 019-1905-61000-00 Office Specialists, Inc.Tape 7.4511/29/2021 019-1905-62500-00 Napa Auto Parts Bearings #580 84.2811/09/2021 90,257.48Subtotal for Divison: 1905 019-1910-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 52.9410/31/2021 019-1910-55700-00 Royal Cleaning Services 11/21 Janitorial Services 1,899.0011/29/2021 019-1910-55700-00 Galesburg Electric, Inc.Bulbs 21.7211/29/2021 019-1910-55700-00 Helm Mechanical / Helm Service Misc maintenance 634.0011/29/2021 019-1910-55700-00 Helm Mechanical / Helm Service Replaced heating coil actuator 500.0011/29/2021 019-1910-66000-00 First Glass, Inc.Door closer 450.0011/29/2021 3,557.66Subtotal for Divison: 1910 019-1911-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 134.3810/31/2021 019-1911-55700-00 Four Seasons Pest Control 09/21 Service 30.0011/29/2021 019-1911-55700-00 Royal Cleaning Services 11/21 Janitorial Services 2,068.0011/29/2021 019-1911-57500-00 Aramark Uniform Serv. Inc.11/21 Service 15.0011/29/2021 019-1911-57500-00 Aramark Uniform Serv. Inc.11/21 Service 15.0011/29/2021 019-1911-65000-00 Office Specialists, Inc.Liner, screen uninal 49.9011/29/2021 2,312.28Subtotal for Divison: 1911 019-1915-52000-00 Ameren Illinois 10/21 Electricity #7756699015 447.2310/31/2021 019-1915-52000-00 Ameren Illinois 11/21 Electricity #7801596004 27.2211/29/2021 019-1915-52000-00 Ameren Illinois 11/21 Electricity #2700768176 54.0911/29/2021 019-1915-52000-00 Ameren Illinois 11/21 Electricity #4657170418 69.1811/29/2021 019-1915-52000-00 Ameren Illinois 11/21 Electricity #8795090570 79.7911/29/2021 019-1915-52000-00 Ameren Illinois 11/21 Electricity #2309782258 64.1511/29/2021 019-1915-52000-00 Ameren Illinois 11/21 Electricity #2366040023 106.9811/29/2021 019-1915-52300-00 Ameren Illinois 10/21 Heat #0883556016 56.1810/31/2021 019-1915-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 1,327.5310/31/2021 019-1915-55700-00 Royal Cleaning Services 11/21 Janitorial Services 476.0011/29/2021 019-1915-55700-00 Knox County Landfill 10/21 Service 130.8011/29/2021 019-1915-55700-00 Waste Management, Inc.10/21 Service 403.9811/29/2021 019-1915-57500-00 Aramark Uniform Serv. Inc.11/21 Service 40.8011/29/2021 019-1915-57500-00 Aramark Uniform Serv. Inc.11/21 Service 40.8011/29/2021 019-1915-62500-00 Advance Auto Parts Inner door handle #542 101.1911/29/2021 019-1915-62500-00 Advance Auto Parts Battery #500 116.5711/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 9 Account Number Vendor AmountDescription PO No Date 019-1915-62500-00 Martin, Inc Spring Locking Pin -Returned Part -95.0411/29/2021 019-1915-62500-00 Nichols Diesel Service, Inc.Brake Chamber #509 150.1611/29/2021 019-1915-62500-00 Martin, Inc Spindle #541 210.1411/29/2021 019-1915-62500-00 Martin, Inc Windshield #522 733.1811/29/2021 019-1915-62500-00 Martin, Inc Cover #525 348.0911/29/2021 019-1915-62500-00 Yemm Chevrolet, Inc-Geo Front bumper #500 981.0111/29/2021 019-1915-66000-00 All Inclusive Rec FIBAR 3,714.0011/29/2021 9,584.03Subtotal for Divison: 1915 019-1920-52000-00 Ameren Illinois 11/21 Electricity #1243855216 29.7611/29/2021 019-1920-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 24.4310/31/2021 019-1920-55700-00 Johnson Controls Security Solutions 12/21 Recurring Service 241.6611/29/2021 019-1920-57500-00 Aramark Uniform Serv. Inc.11/21 Service 25.2411/29/2021 019-1920-57500-00 Aramark Uniform Serv. Inc.11/21 Service 25.2411/29/2021 019-1920-57500-00 Aramark Uniform Serv. Inc.11/21 Service 25.2411/29/2021 019-1920-57500-00 Aramark Uniform Serv. Inc.11/21 Service 25.2411/29/2021 019-1920-61000-00 Office Specialists, Inc.Tape 10.9911/29/2021 019-1920-62510-00 Herr Petroleum Corp 187.9 gal diesel #2 562.74 000009180411/29/2021 019-1920-63500-00 D & K Products Misc supplies 1,233.9511/29/2021 019-1920-63500-00 Advanced Turf Solutions Aqualock 79.2411/29/2021 019-1920-64125-00 Smithfield Direct, LLC misc supplies 29.9011/29/2021 019-1920-64125-00 Atlantic Coca-Cola Misc concessions 62.3811/29/2021 019-1920-64125-00 Boxcar Express Sandwiches 689.3511/29/2021 019-1920-65000-00 Office Specialists, Inc.Face masks 6.9911/29/2021 019-1920-65500-00 Van Wall Equipment, Inc.mower reels, bearings, screws, springs 2,003.7411/29/2021 5,076.09Subtotal for Divison: 1920 019-1925-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 171.0310/31/2021 019-1925-66000-00 Doors, Incorporated Deadbolt 180.3911/29/2021 351.42Subtotal for Divison: 1925 019-1935-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 44.7910/31/2021 019-1935-57500-00 Aramark Uniform Serv. Inc.11/21 Service 176.9011/29/2021 019-1935-57500-00 Aramark Uniform Serv. Inc.11/21 Service 176.9011/29/2021 019-1935-57500-00 Aramark Uniform Serv. Inc.11/21 Service 176.9011/29/2021 575.49Subtotal for Divison: 1935 019-1940-64000-00 Breedlove's Sporting Goods, Inc.Fall 2021 SB league awards 23.8511/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 10 Account Number Vendor AmountDescription PO No Date 019-1940-64000-00 BSN Sports Corp., Inc.Volleyballs 241.0211/29/2021 264.87Subtotal for Divison: 1940 019-1945-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 97.7310/31/2021 019-1945-55700-00 Royal Cleaning Services 11/21 Janitorial Services 1,780.0011/29/2021 019-1945-65000-00 Office Specialists, Inc.Lysol 11.3411/29/2021 1,889.07Subtotal for Divison: 1945 019-1950-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 16.2910/31/2021 16.29Subtotal for Divison: 1950 019-1955-52000-00 Ameren Illinois 11/21 Electricity #8645825294 940.1511/29/2021 019-1955-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 138.4510/31/2021 019-1955-55700-00 J.P. Benbow, Inc.Started up boiler 101.0011/29/2021 019-1955-55700-00 Sugden Electric Repair pool pump 695.6811/29/2021 019-1955-65000-00 Office Specialists, Inc.Lysol 5.6711/29/2021 019-1955-68500-00 Tri-State Water Misc chemicals 6.8311/29/2021 1,887.78Subtotal for Divison: 1955 019-1960-52000-00 Ameren Illinois 11/21 Electricity #0543312814 32.5911/29/2021 019-1960-52000-00 Ameren Illinois 11/21 Electricity #5195930099 91.0311/29/2021 123.62Subtotal for Divison: 1960 019-1965-51000-00 Lacky Monument Co.Date of Passing - White, Purnell 400.0011/29/2021 019-1965-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 8.1410/31/2021 019-1965-57500-00 Aramark Uniform Serv. Inc.11/21 Service 40.8011/29/2021 019-1965-57500-00 Aramark Uniform Serv. Inc.11/21 Service 27.2211/29/2021 019-1965-57500-00 Aramark Uniform Serv. Inc.11/21 Service 27.2211/29/2021 019-1965-57500-00 Aramark Uniform Serv. Inc.11/21 Service 27.2211/29/2021 530.60Subtotal for Divison: 1965 019-1975-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 4.0710/31/2021 019-1975-55700-00 Liqui-Green Lawn & Tree Care Tree Injection - EAB Treatment 2,955.0011/29/2021 2,959.07Subtotal for Divison: 1975 Subtotal for Fund 019 121,845.56 020-0000-20102-00 CenturyLink 10/21 Service 65.1210/31/2021 020-0000-52300-00 West Central FS, Inc 400 gal LP 716.0011/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 11 Account Number Vendor AmountDescription PO No Date 020-0000-55700-00 Howe Overhead Doors, Inc.Replaced CPI box 210.0011/29/2021 020-0000-62500-00 Martin, Inc Boot #350 40.3811/29/2021 020-0000-62500-00 Advance Auto Parts Fuel filter & hydraulic filter #350 35.3011/29/2021 020-0000-62500-00 Advance Auto Parts Air filter #350 41.7611/29/2021 020-0000-62500-00 Advance Auto Parts Return-Air filter #350 -23.1911/29/2021 020-0000-62500-00 Napa Auto Parts Hose Clamp #350 13.8011/29/2021 020-0000-62500-00 Napa Auto Parts Plug Wire Set #350 25.8611/29/2021 1,125.03Subtotal for Divison: 0000 Subtotal for Fund 020 1,125.03 024-0000-83100-00 Larson Family Real Estate, LLLP 07/21-09/21 Sales Tax Rebate as per agreement 6,644.3811/29/2021 024-0000-83100-00 Galesburg Railroad Days External Agency Funding - Galesburg RR Days 11,250.0011/29/2021 024-0000-88300-00 Breslin's Floor Covering, Inc 12/21 Parking Lot Lease 570.3211/29/2021 18,464.70Subtotal for Divison: 0000 Subtotal for Fund 024 18,464.70 030-0000-20102-00 CenturyLink 10/21 Service 190.5210/31/2021 190.52Subtotal for Divison: 0000 030-0320-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 23.2110/31/2021 030-0320-62500-00 Napa Auto Parts Core Deposit Credit -44.0010/31/2021 030-0320-62500-00 O'Reilly Auto Parts Air Filter 30.3911/29/2021 030-0320-62500-00 Map Automotive of Peoria 266701-163Techron 7.5011/29/2021 030-0320-62500-00 Napa Auto Parts Warranty Credit -221.9910/31/2021 030-0320-62500-00 Napa Auto Parts Refrigerant 199.9810/31/2021 030-0320-62500-00 Map Automotive of Peoria Taper bears 112.2010/31/2021 030-0320-62500-00 O'Reilly Auto Parts Battery Cables 120.5011/29/2021 227.79Subtotal for Divison: 0320 030-0370-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 54.1610/31/2021 030-0370-55700-00 Galesburg Termite & Pest Control 11/21 Service 45.0011/29/2021 030-0370-55700-00 Galesburg Termite & Pest Control 11/21 Service 45.0011/29/2021 030-0370-57500-00 Cintas, Inc 11/21 Service 164.0511/29/2021 030-0370-57500-00 Cintas, Inc 11/21 Service 114.1711/29/2021 030-0370-57500-00 Cintas, Inc 11/21 Service 164.0511/29/2021 030-0370-61000-00 Office Specialists, Inc.Clipboards 33.6011/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 12 Account Number Vendor AmountDescription PO No Date 030-0370-61000-00 Office Specialists, Inc.Misc Supplies 170.6511/29/2021 030-0370-62500-00 Napa Auto Parts Primary wire 14.6710/31/2021 030-0370-62500-00 Napa Auto Parts Oil Analysis Kit 33.7811/29/2021 030-0370-62500-00 Napa Auto Parts Fuse 4.3910/31/2021 030-0370-62500-00 Napa Auto Parts Core Deposit Credit -129.4110/31/2021 030-0370-65500-00 Map Automotive of Peoria Roloc Disc 2" & 3" Cut-off 100.4011/29/2021 030-0370-65500-00 Napa Auto Parts Wheel flaps 14.7810/31/2021 030-0370-65500-00 O'Reilly Auto Parts Shop Degreaser 49.9911/29/2021 030-0370-66500-00 Napa Auto Parts Adapter 12.9710/31/2021 030-0370-66500-00 Napa Auto Parts Punch 13.5211/29/2021 030-0370-66500-00 Napa Auto Parts Misc tools 25.2610/31/2021 030-0370-66500-00 O'Reilly Auto Parts Punch 18.9911/29/2021 950.02Subtotal for Divison: 0370 Subtotal for Fund 030 1,368.33 049-0000-83100-00 Bondi Building Corporation TIF incentive for Facade Improvements at Bondi Building 32,467.50 000009203411/29/2021 049-0000-83100-00 Galesburg Downtown Council Tax Increment Financing incentive for Downtown Holiday Lights. 20,000.00 000009202211/29/2021 049-0000-83100-00 MEA on Main, LLC TIF Incentive Reimbursement - Redeveloper Agreement 4,500.0011/29/2021 56,967.50Subtotal for Divison: 0000 Subtotal for Fund 049 56,967.50 053-0000-55700-00 Dowers Roofing, Inc.Remove 2 out of use chimney pipes & cover holes 750.0011/29/2021 053-0000-66000-00 Galesburg Electric, Inc.Misc supplies 209.6111/29/2021 053-0000-66000-00 Galesburg Electric, Inc.Supplies 158.0911/29/2021 053-0000-66000-00 Galesburg Electric, Inc.Shop lights 796.3211/29/2021 053-0000-76000-00 Williams Development, LTD Additional engineering and administrative services 10.31 000009168111/29/2021 053-0000-76000-00 Williams Development, LTD Additional engineering and administrative services 18.53 000009168111/29/2021 053-0000-76000-00 Williams Development, LTD Additional engineering and administrative services 2,614.24 000009168111/29/2021 4,557.10Subtotal for Divison: 0000 Subtotal for Fund 053 4,557.10 055-0000-55700-00 Werner Restoraton Services, Inc.Board up services at 465 Mulberry St 161.1811/29/2021 055-0000-55700-00 Werner Restoraton Services, Inc.Emergency Board up at 465 Mulberry St 373.8011/29/2021 534.98Subtotal for Divison: 0000 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 13 Account Number Vendor AmountDescription PO No Date Subtotal for Fund 055 534.98 057-0000-61700-00 Jensen Information Tech Inc Genetec System server replacement - HPE ProLiant DL360 Gen10 rac 6,443.00 000009203111/29/2021 6,443.00Subtotal for Divison: 0000 Subtotal for Fund 057 6,443.00 058-0000-20102-00 City Assessor's Office Purple Wave Sales - 2006 Crown Vic 2,200.0011/29/2021 058-0000-71000-00 Birkeys Farm Store, Inc 2021 Case Backhoe 590SN with new ORV800 hydraulic hammer 89,620.50 000009194911/29/2021 91,820.50Subtotal for Divison: 0000 Subtotal for Fund 058 91,820.50 061-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 61-55800 9,048.71 000009204011/29/2021 061-0000-20101-00 BLAKEWELL PROPERTIES LLC Refund Check 050212-003, 1320 N KELLOGG ST 30.6511/23/2021 061-0000-20101-00 VICKIE BANKS ESTATE OF Refund Check 047582-000, 1530 CLAY ST 42.7611/23/2021 061-0000-20101-00 VICKIE BANKS ESTATE OF Refund Check 047582-000, 1530 CLAY ST 40.1411/16/2021 061-0000-20101-00 JENNIFER LEE BATCHELDER Refund Check 021185-001, 600 E THIRD ST 66.7211/09/2021 061-0000-20101-00 HIROKO BOWEN ESTATE Refund Check 008744-000, 1425 ROCK ISLAND AVE 5.7511/16/2021 061-0000-20101-00 LINDA ASBURY Refund Check 018950-067, 443 N ACADEMY ST 42.7611/23/2021 061-0000-20101-00 LINDA ASBURY Refund Check 018950-067, 443 N ACADEMY ST 2.5911/23/2021 061-0000-20101-00 LINDA ASBURY Refund Check 018950-067, 443 N ACADEMY ST 1.6011/23/2021 061-0000-20101-00 CHARLES ATWATER Refund Check 047372-000, 376 FAIR ACRES DR 97.1511/09/2021 061-0000-20101-00 LINDA ASBURY Refund Check 018950-053, 1831 E MAIN ST 82.1911/23/2021 061-0000-20101-00 LINDA ASBURY Refund Check 018950-053, 1831 E MAIN ST 2.8411/23/2021 061-0000-20101-00 LINDA ASBURY Refund Check 018950-053, 1831 E MAIN ST 1.9011/23/2021 061-0000-20101-00 DEREK BUSANET Refund Check 047227-001, 527 N BROAD ST LOWER 43.5211/16/2021 061-0000-20101-00 FREDDIE COLLINS JR Refund Check 049587-001, 119 LINCOLN ST 93.1011/23/2021 061-0000-20101-00 SANDRA BRITTINGHAM Refund Check 020835-002, 1756 E MAIN ST 72.4011/09/2021 061-0000-20101-00 MICHAEL DUMSE Refund Check 012455-005, 1267 DAY ST 110.7511/16/2021 061-0000-20101-00 DANIEL EIKER Refund Check 059445-001, 1460 S SEMINARY ST 60.8511/16/2021 061-0000-20101-00 RUSSELL FLEMING Refund Check 022453-001, 869 N BROAD ST 2.0411/16/2021 061-0000-20101-00 ELDON MORRISON Refund Check 064172-000, 1125 N WEST ST 83.4811/16/2021 061-0000-20101-00 STEVEN SEIBERT Refund Check 006331-000, 1576 N KELLOGG ST 15.7711/23/2021 061-0000-20101-00 DOUGLAS MUSTAIN Refund Check 006126-001, 400 N HENDERSON ST 80.3011/16/2021 061-0000-20101-00 FERNANDO OLIVAS Refund Check 017968-001, 889 AVENUE B 108.6011/09/2021 061-0000-20101-00 DANIEL MIDDAUGH Refund Check 063145-000, 925 DAYTON DR 5 105.5111/23/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 14 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 DEBORA JOHNSON Refund Check 025057-005, 1165 GARDEN LANE 96.1311/16/2021 061-0000-20101-00 ANDRIA POWERS Refund Check 051320-002, 1055 S CHAMBERS ST 110.9311/17/2021 061-0000-20101-00 JOSE QUINONEZ CORRAL Refund Check 062251-000, 1763 BROWN AVE 54.9311/16/2021 061-0000-20101-00 BARBARA LANDERS Refund Check 050556-007, 384 W NORTH ST 4 102.2411/09/2021 061-0000-20101-00 KIM SHARP BECERRA Refund Check 062923-000, 1545 MCKNIGHT ST 10.2211/16/2021 061-0000-20101-00 ANNA MOORE Refund Check 039399-002, 156 N IVAN AVE 84.3411/23/2021 061-0000-20101-00 BENJAMIN OTTEN Refund Check 049460-000, 330 COUNTRY ELMS EST 115.0011/23/2021 061-0000-20101-00 LARRY HAMMERLUND Refund Check 021334-001, 401 JUSTIN DR 3.0411/09/2021 061-0000-20101-00 RONDA KIMMITT Refund Check 021477-000, 1091 S CHAMBERS ST 12.3711/16/2021 061-0000-20101-00 GALESBURG CIVIC ART CENTER Refund Check 018445-001, 114 E MAIN ST 109.4811/23/2021 061-0000-20101-00 HEIDI JOHNSON Refund Check 057193-000, 919 N BROAD ST 117.1711/16/2021 061-0000-20101-00 BRYAN KELLEY Refund Check 063702-000, 525 PECK ST 102.2011/23/2021 061-0000-20101-00 SHAWN KAUFMAN Refund Check 056271-001, 1081 E FREMONT ST 82.2111/16/2021 061-0000-20101-00 ROBERT SMITH Refund Check 054940-002, 547 W BROOKS ST 94.3411/23/2021 061-0000-20101-00 PATRICIA HARRISON Refund Check 016415-000, 1178 COURT ST 20.4011/09/2021 061-0000-20101-00 MARGARET LINGWALL Refund Check 051231-001, 1723 MONROE ST 117.1711/16/2021 061-0000-20101-00 FERN WANDA HARDING Refund Check 022211-000, 935 PINE ST 6.1511/23/2021 061-0000-20101-00 PAMELA WEECH Refund Check 044812-007, 1825 E FREMONT ST 31.4411/09/2021 061-0000-20101-00 BRENDA WARDEN Refund Check 022171-001, 805 E SECOND ST 94.3711/09/2021 061-0000-20101-00 SUNDAE FUNDAE, LLC Refund Check 053666-005, 1595 W MAIN ST 106.7911/17/2021 061-0000-20101-00 BARRY WALLACE Refund Check 060517-000, 537 N CEDAR ST 54.0011/23/2021 061-0000-20101-00 RYAN WILLIAMS Refund Check 053773-001, 468 E GROVE ST 52.0911/23/2021 061-0000-20101-00 MARK TELANDER Refund Check 008801-000, 1348 GARDEN LN 7.9211/09/2021 061-0000-20101-00 VANGUARD PROPERTIES LLC Refund Check 062497-000, 268 N IVAN AVE 52.0911/23/2021 061-0000-20101-00 JOSEPHINE HERRING Refund Check 057025-000, 1453 SUMMIT ST 55.2411/23/2021 061-0000-20101-00 STERLON MATHENY Refund Check 054478-000, 1854 MAPLE AVE 53.9011/16/2021 061-0000-20101-00 GALESBURG MANUFACTURING II LLCRefund Check 059730-000, 1077 HAWKINSON AVE 2 80.8211/17/2021 061-0000-20101-00 JACOB TENHOUSE Refund Check 052202-002, 766 N ACADEMY ST 112.8811/09/2021 061-0000-20101-00 JARED TAPSCOTT Refund Check 055632-000, 147 W MARY ST 70.4611/16/2021 061-0000-20101-00 HEATHER WELLS Refund Check 044624-001, 339 COUNTRY ELMS EST 49.0011/23/2021 061-0000-20101-00 TLR LLC Refund Check 052642-011, 1687 INDIANA DR 86.6711/23/2021 061-0000-20101-00 MARK MARTIN Refund Check 005097-062, 372 LAWRENCE AVE 107.9011/16/2021 061-0000-20101-00 NORMA MORRIS Refund Check 006555-001, 1007 EMERY ST 88.1211/09/2021 061-0000-20101-00 MYIAH RYNER Refund Check 062400-000, 2635 COSTA DR 65.3011/09/2021 061-0000-20101-00 JAMES HUTCHISON IRREVOCABLE TRUSTRefund Check 009905-000, 168 PHILLIPS ST 13.7511/16/2021 061-0000-20101-00 KENNETH OLSON Refund Check 054715-000, 554 ARNOLD ST 92.9111/23/2021 061-0000-20101-00 HANRICK INVESTMENTS LLC Refund Check 062097-001, 590 N CEDAR ST 4 115.9711/10/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 15 Account Number Vendor AmountDescription PO No Date 061-0000-20101-00 MU SHEE Refund Check 062947-000, 1172 E BROOKS ST 98.6111/16/2021 061-0000-20101-00 TAMARA STORMER Refund Check 041195-000, 731 E BROOKS ST 50.8111/23/2021 061-0000-20101-00 VICKIE SHOWALTER Refund Check 022415-004, 1063 FRANK ST 38.2111/16/2021 061-0000-20101-00 ANTHONY FORSHEE Refund Check 057186-002, 593 N ACADEMY ST 1 113.6011/16/2021 061-0000-20101-00 CHARLES HANSEN Refund Check 043979-001, 881 DAY ST 62.2111/16/2021 061-0000-20101-00 GARY MUSTAIN Refund Check 016651-001, 2341 W FREMONT ST UPPER 9.5311/23/2021 061-0000-20101-00 ASHLEY LAMB Refund Check 048225-000, 741 OLIVE ST 59.8911/16/2021 061-0000-20101-00 HELENA HARRIS Refund Check 064066-000, 1865 INDIANA DR 167.4111/16/2021 061-0000-20101-00 WILLIAM JOHNSON Reissue UB Refund Ck94893 12873-000, 875 JEFFERSON ST 21.4711/29/2021 061-0000-20101-00 TERESA INNESS Refund Check 048031-016, 941 LINCOLN ST 113.6011/09/2021 061-0000-20101-00 CONNIE GODFREY Refund Check 062020-001, 1622 HARRISON ST 107.1711/16/2021 061-0000-20101-00 LEO SARVER Refund Check 061954-000, 392 N BROAD ST 2 1.0811/23/2021 061-0000-20102-00 CenturyLink 10/21 Service 261.1910/31/2021 061-0000-51000-00 Credit Collection Partners 10/21 Service 50.0011/29/2021 061-0000-51000-00 PDC Laboratories, Inc.Water Testing 400.0011/29/2021 061-0000-51000-00 Knox County Recorders Office 10/21 Laredo 22.0011/29/2021 061-0000-51000-00 SpringbrookSoftware LLC 10/21 Civic PayPad Fees 134.2411/29/2021 061-0000-52000-00 Ameren Illinois 11/21 Electricity #0501078255 99.0511/29/2021 061-0000-52000-00 Ameren Illinois 11/21 Electricity #0315204658 28.8511/29/2021 061-0000-52000-00 Ameren Illinois 10/21 Electricity #0405132039 6,338.4110/31/2021 061-0000-52000-00 Ameren Illinois 11/21 #3107849292 11,445.2411/29/2021 061-0000-52000-00 Illinois Power Marketing 10/21 Electricity #GMCGAL 17,771.0410/31/2021 061-0000-52300-00 Nicor Gas 10/21 Service #14511554116 973.8110/31/2021 061-0000-52300-00 Nicor Gas 10/21 Service #20727010009 43.0110/31/2021 061-0000-52500-00 Galesburg Sanitary Dist.10/21 Sewer user charges 16.2910/31/2021 061-0000-55500-00 Altorfer Inc.2021 OCTOBER - MAINTENANCE ON FOUR GENERATORS 2,009.00 000009175411/29/2021 061-0000-55500-00 Galesburg Communications, Inc.Replaced switch 187.2111/29/2021 061-0000-55500-00 Moore Tires, Inc Tire Repair 259.5811/29/2021 061-0000-55700-00 AMP Electrical Services, Inc.labor/materials to wire sump pump for Galesburg Water Dept 2,040.2711/29/2021 061-0000-55700-00 Royal Cleaning Services 11/21 Janitorial Services 434.0011/29/2021 061-0000-55700-00 Waste Management, Inc.11/21 Service 17.3611/29/2021 061-0000-55700-00 Waste Management, Inc.11/21 Service 97.1411/29/2021 061-0000-61500-00 Register Mail, Inc.Water ads #00020710 146.2811/29/2021 061-0000-61700-00 Office Specialists, Inc.USB drive 208.6311/29/2021 061-0000-65500-00 Galesburg Electric, Inc.Fuse for M-3 motor cabinet 956.2511/29/2021 061-0000-66000-00 Core & Main Meter supplies 1,550.3011/29/2021 061-0000-66000-00 Core & Main Vlv bx riser 89.1811/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 16 Account Number Vendor AmountDescription PO No Date 061-0000-66000-00 Core & Main Ball corps 1,081.5311/29/2021 061-0000-66000-00 Core & Main Dbl strap brnz saddle 530.0411/29/2021 061-0000-66000-00 Galesburg Builders Supply, Inc PORTLAND CEMENT CONCRETE, CL SI - DELIVERED 117.00 000009183111/29/2021 061-0000-68500-00 Brenntag Mid-South, Inc Drum Return -2,250.00 000009182411/29/2021 061-0000-68500-00 Brenntag Mid-South, Inc 2021 Liquid Chlorine for Water Division as per bid. This is a bl 3,913.50 000009182411/29/2021 62,686.01Subtotal for Divison: 0000 Subtotal for Fund 061 62,686.01 067-0000-10701-00 SpringbrookSoftware LLC Springbrook FY22 annual mtce 67-55800 4,456.83 000009204011/29/2021 067-0000-20101-00 LINDA ASBURY Refund Check 018950-053, 1831 E MAIN ST 2.1911/23/2021 067-0000-20101-00 LINDA ASBURY Refund Check 018950-067, 443 N ACADEMY ST 2.1911/23/2021 067-0000-20101-00 BLAKEWELL PROPERTIES LLC Refund Check 050212-004, 1318 N KELLOGG ST 20.3911/23/2021 067-0000-51000-00 SpringbrookSoftware LLC 10/21 Civic PayPad Fees 67.1311/29/2021 067-0000-51000-00 Knox County Recorders Office 10/21 Laredo 22.0011/29/2021 067-0000-59501-00 Knox County Landfill 10/21 Service 28,770.3211/29/2021 067-0000-59502-00 Waste Management, Inc.11/21 Refuse Removal 170,556.8111/29/2021 203,897.86Subtotal for Divison: 0000 Subtotal for Fund 067 203,897.86 078-0000-51000-00 James M Kelly, Attorney 09/21 Legal Service 313.5011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 9/14/21 #AA15957205 257.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 9/20/21 #AA15957205 190.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 9/24/21 #AA15957205 211.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 9/30/21 #AA15957205 211.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 10/05/21 #AA15957205 211.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 10/08/21 #AA15957205 211.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 10/19/21 #AA15957205 211.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 10/22/21 #AA15957205 211.0011/29/2021 078-0000-56534-00 Cottage Rehab and Sports Medicine Work comp dos 10/27/21 #AA15957205 211.0011/29/2021 078-0000-56535-00 OSF Medical Group, Inc.Work Comp DOS: 11.06.21 #P447860901 260.7611/29/2021 078-0000-56535-00 OSF Medical Group, Inc.Work Comp DOS: 11.10.21 #P447860911 51.7511/29/2021 078-0000-56535-00 OSF St Mary Medical Center Work Comp DOS: 09.19.21 #7828983100 1,157.9911/29/2021 078-0000-56535-00 Midwest Orthopaedic Center Work Comp DOS: 11.15.21 #429051-010003 197.5611/29/2021 078-0000-56597-00 Dave Dunn's Auto Body, Inc.Right roof rail repair #28 300.0011/29/2021 078-0000-56597-00 Stecker Graphics Vinyl for police car 691.2411/29/2021 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 17 Account Number Vendor AmountDescription PO No Date 078-0000-56597-00 Galesburg Electric, Inc.Supplies for repairs on Bickerdyke Bridge 118.9011/29/2021 5,015.70Subtotal for Divison: 0000 Subtotal for Fund 078 5,015.70 Report Total: 735,260.89 AP-Transactions by Account (11/30/2021 - 8:46 AM)Page 18 Check Date Check #Vendor Name Description Account #Amount 11/10/2021 0 Patrick Kisler Meals - Master Firearms Champgn P Kisler 001-0000-10706 111.00 11/10/2021 0 Nicholas Morrissey Meals - Wk 10 Basic FF - N. Morrissey 001-0000-10706 155.00 11/10/2021 95642 Ameren Illinois 10/21 Electricity Acct 01147-55694 001-0000-20102 12,815.28 11/10/2021 95643 Illinois Power Marketing 10/21 Electricity Acct #226835321101 019-0000-20102 10,323.99 11/10/2021 95643 Illinois Power Marketing 10/21 Electricity Acct #226835321101 024-0000-20102 31.58 11/10/2021 95646 Secretary of State, Jesse White License/Registration - Police Vehicle 001-0510-51000 158.00 11/10/2021 4043 J W Summy Contracting Corp.DCEO RLF at 208 Division St 013-0000-83100 1,270.00 11/10/2021 95642 Ameren Illinois 10/21 Electricity Acct 01147-55694 019-0000-20102 1,763.18 11/10/2021 95643 Illinois Power Marketing 10/21 Electricity Acct #226835321101 020-0000-20102 661.89 11/10/2021 95643 Illinois Power Marketing 10/21 Electricity Acct #226835321101 001-0000-20102 6,145.20 11/10/2021 95643 Illinois Power Marketing 10/21 Electricity Acct #226835321101 030-0000-20102 814.74 11/10/2021 95644 Knox County Recorders Office Record Quit Claim Deed 99-16-227-019 001-0160-51300 75.00 11/10/2021 95645 Knox County Recorders Office 29 Weed/Trash/Demo Liens (3 Lien Notices)001-0160-51300 225.00 11/17/2021 0 Mike Hines 11/10 VB Officiating 4 games 019-1940-51400 80.00 11/17/2021 0 James Hartshorn 11/10 VB Officiating 4 games 019-1940-51400 80.00 11/18/2021 0 T TECH 10/21 UB ACH Fees 067-0000-51000 408.13 11/18/2021 0 T TECH 10/21 UB ACH Fees 061-0000-51000 816.27 11/18/2021 0 IMRF 10/21 IMRF Contributions 001-0000-20311 129,992.40 11/18/2021 0 Farmers & Mechanics Bank 10/21 F&M Bank Trust Fees 059-0000-51000 41.72 11/18/2021 0 Farmers & Mechanics Bank 10/21 F&M Bank Trust Fees 026-0000-51000 42.45 11/18/2021 0 Farmers & Mechanics Bank 10/21 F&M Bank Trust Fees 053-0000-51000 41.73 11/18/2021 0 Farmers & Mechanics Bank 10/21 F&M Bank Trust Fees 001-0205-51000 125.15 11/18/2021 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 11/18/2021 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 11/18/2021 0 BlueCross BlueShield of Illinois 12/21 Health Insurance Premium 078-0000-20315 349,707.54 11/18/2021 0 Farmers & Mechanics Bank 10/21 F&M Bank Trust Fees 019-1905-51000 4.17 11/18/2021 0 Farmers & Mechanics Bank 10/21 F&M Bank Trust Fees 061-0000-51000 41.73 11/18/2021 95703 Knox County Trustee Payment Account Purch prop from Trustee 99-15-426-004 023-0000-10850 823.00 11/19/2021 0 Matthew Cain Non Safety Toed Shoes 001-0605-67500 99.95 11/22/2021 0 Mike Hines Officiating VB 4 game 11/17 019-1940-51400 80.00 11/22/2021 0 Dan Burgland Officiating VB 3 games 11/17 019-1940-51400 60.00 11/22/2021 0 James Hartshorn Officiating VB 4 games 11/17 019-1940-51400 80.00 11/23/2021 0 Bank of Montreal Community Policing Halloween-candy Halloween events 001-0510-83100 288.84 11/23/2021 0 Bank of Montreal Kaser Power Equip-Materials to maintain equip 001-0450-65500 72.69 11/23/2021 0 Bank of Montreal CDWg-Rec'd 2 cameras 057-0000-61700 790.78 Advance Checks and ACH Payments as of 11/30/2021 11/23/2021 0 Bank of Montreal Amazon-ERC Movie 001-0120-58500 9.99 11/23/2021 0 Bank of Montreal Amazon-Bump in bounce 019-1940-64000 11.46 11/23/2021 0 Bank of Montreal IIMC-2022 IIMC dues for Gugliotta 001-0000-10701 115.00 11/23/2021 0 Bank of Montreal Amazon-trash can 019-1955-66500 45.85 11/23/2021 0 Bank of Montreal Glenns Radiator-Alignment #30 001-0510-62500 79.95 11/23/2021 0 Bank of Montreal Amazon-trash can-ret'd due to damage 019-1955-66500 (45.85) 11/23/2021 0 Bank of Montreal Chicago Tribune-monthly subscription 001-0110-55000 9.96 11/23/2021 0 Bank of Montreal Amazon-Extension cord 001-0510-61000 8.99 11/23/2021 0 Bank of Montreal TLO TransUnion-TLO Program Subscription 001-0510-55800 75.00 11/23/2021 0 Bank of Montreal Walmart-Monster Egg Hunt craft kit supplies 019-1940-64000 4.15 11/23/2021 0 Bank of Montreal Tractor Supply Co-gate wheels 019-1975-66000 29.98 11/23/2021 0 Bank of Montreal Menards-Halloweendecor/lobby 001-0510-58500 29.99 11/23/2021 0 Bank of Montreal Amazon-mouse pads 001-0510-61000 25.44 11/23/2021 0 Bank of Montreal Coney Island-IT business lunch 001-0207-54500 33.09 11/23/2021 0 Bank of Montreal Illinois Municipal League-IML handbook for Wallace 001-0105-61000 45.00 11/23/2021 0 Bank of Montreal Amazon-plastic dinner plates 001-0510-61000 54.63 11/23/2021 0 Bank of Montreal Country Inn & Suites-lodging N Lewis 001-0510-54500 408.48 11/23/2021 0 Bank of Montreal Midstate (Filter Service)-Filter cleaining #584 019-1965-55500 12.00 11/23/2021 0 Bank of Montreal Amazon-dividers for back room at Hathorne 019-1955-66500 242.00 11/23/2021 0 Bank of Montreal Office Specialists-10/21 copier charges 067-0000-20102 31.38 11/23/2021 0 Bank of Montreal GFOA-G.Osborn/B. Chockley GFOA dues 001-0000-10701 250.00 11/23/2021 0 Bank of Montreal Menards-3/4 plywood 053-0000-66000 579.60 11/23/2021 0 Bank of Montreal APWA Job Posting-Job post proj mngr position 001-0410-54500 325.00 11/23/2021 0 Bank of Montreal SCW-4ea StarTech USB hups for MIS spare 001-0207-61700 203.04 11/23/2021 0 Bank of Montreal Amazon-face masks 019-1955-67500 69.95 11/23/2021 0 Bank of Montreal SHI-Bradley Hix iPad replace/Council spare iPad purch 001-0105-61700 1,378.00 11/23/2021 0 Bank of Montreal Office Specialists-10/21 copier charges 061-0000-20102 337.18 11/23/2021 0 Bank of Montreal USA Bluebook-TISAB 061-0000-68500 316.42 11/23/2021 0 Bank of Montreal CBA Lighting-24 quartz lamps for main runway lights 020-0000-66000 547.48 11/23/2021 0 Bank of Montreal Advance Auto Parts-Minor Tools 001-0450-66500 7.78 11/23/2021 0 Bank of Montreal Amazon-returned staff shirt 001-0115-61000 (20.10) 11/23/2021 0 Bank of Montreal Lowes-concrete for sign posts 019-1940-66000 5.96 11/23/2021 0 Bank of Montreal Office Specialists-2 boxes hanging files/1 box file folders 030-0370-61000 44.45 11/23/2021 0 Bank of Montreal Kelly Seed & Hardware-Bale of straw 061-0000-63500 14.95 11/23/2021 0 Bank of Montreal Walmart-Sales tax 001-0000-10407 20.34 11/23/2021 0 Bank of Montreal ILAWW-Fall regulatory udate (Virtual)-W Carl 061-0000-54500 72.00 11/23/2021 0 Bank of Montreal EMP-batteries for AEDs 019-1905-67500 338.00 11/23/2021 0 Bank of Montreal Pizza House-Lunch GASB87 Lease Summitt 001-0205-54500 10.42 11/23/2021 0 Bank of Montreal HyVee-Hot dog buns 019-1920-64125 16.14 11/23/2021 0 Bank of Montreal Menards-ret'd new shed material 053-0000-66000 (7.49) 11/23/2021 0 Bank of Montreal Lowes-paint supplies/wall shelf/anchors 019-1950-66000 10.66 11/23/2021 0 Bank of Montreal EMP-misc medical supplies 001-0605-68600 97.39 11/23/2021 0 Bank of Montreal EMP-Misc medical supplies 001-0605-68600 336.00 11/23/2021 0 Bank of Montreal Boxcar-lunch new council orientation-K. Wallace 001-0105-58500 43.50 11/23/2021 0 Bank of Montreal Menards-Ret'd adhesive 014-0000-64500 (57.96) 11/23/2021 0 Bank of Montreal Walmart-Paint supplies 019-1920-65500 5.28 11/23/2021 0 Bank of Montreal Thompson-brake drum bolt unit 030-0370-62500 156.45 11/23/2021 0 Bank of Montreal Amazon-giant volleyball 019-1940-64000 12.95 11/23/2021 0 Bank of Montreal Amazon-gym tape for pickleball courts 019-1945-64000 23.96 11/23/2021 0 Bank of Montreal Amazon-sanitizer test strips 019-1940-64125 9.05 11/23/2021 0 Bank of Montreal Lowe's-Washer/Dryer for Brooks 001-0605-61800 2,129.00 11/23/2021 0 Bank of Montreal Amazon-cardstock for mo passes for fixed route 030-0370-61000 69.19 11/23/2021 0 Bank of Montreal Cooks & Co-Flowers W. Allen 001-0110-83100 48.50 11/23/2021 0 Bank of Montreal Amazon-Nov craft night supplies 019-1940-64000 28.98 11/23/2021 0 Bank of Montreal Wight Chevrolet-Seat Compressor #111 001-0450-62500 692.36 11/23/2021 0 Bank of Montreal City Tech-Comparison site membership 001-0120-55000 390.00 11/23/2021 0 Bank of Montreal US Cellular-09/21 Service 001-0000-20102 33.59 11/23/2021 0 Bank of Montreal Amazon-face masks 019-1960-67500 69.95 11/23/2021 0 Bank of Montreal Daybreak-Dsl for truck 061-0000-62510 112.28 11/23/2021 0 Bank of Montreal Lowes-minor tools 001-0450-66500 318.90 11/23/2021 0 Bank of Montreal Farm King-minor tools 001-0450-66500 80.82 11/23/2021 0 Bank of Montreal Amazon-bulletin board 019-1955-66500 73.98 11/23/2021 0 Bank of Montreal Menards-galavanized nipples 061-0000-66000 70.02 11/23/2021 0 Bank of Montreal MyElite Products-1/2 credenza shell 030-0320-61800 75.92 11/23/2021 0 Bank of Montreal Illinois Tollway-toll Lewis training travel 001-0510-54500 3.60 11/23/2021 0 Bank of Montreal Advance Auto Parts-Motor Vehicle Supplies 001-0450-62500 42.08 11/23/2021 0 Bank of Montreal Menards-shop material 053-0000-66000 19.48 11/23/2021 0 Bank of Montreal Walmart-nails for craft program 019-1940-64000 8.80 11/23/2021 0 Bank of Montreal HyVee-21-09 kitchen supplies 021-0000-68000 66.96 11/23/2021 0 Bank of Montreal Webber Rental & Supply-Self leveling caulk 014-0000-66000 129.20 11/23/2021 0 Bank of Montreal DvnDNS.com-DYN Standard DNS Renewal (1 mo)001-0207-55800 5.00 11/23/2021 0 Bank of Montreal Menards-lag screws/washers 019-1915-65500 7.11 11/23/2021 0 Bank of Montreal Menards-FRP gray 4X8/walls 053-0000-66000 485.31 11/23/2021 0 Bank of Montreal Progressive Dynamics-Charger #54 001-0605-62500 477.00 11/23/2021 0 Bank of Montreal Illinois Tollway-toll Lewis training travel 001-0510-54500 1.90 11/23/2021 0 Bank of Montreal Menards-ret'd dbl plate rafter 053-0000-66000 (5.28) 11/23/2021 0 Bank of Montreal Wilson Paper-PSQ Cleaner 001-0445-63000 104.48 11/23/2021 0 Bank of Montreal Menards-Mini shed for indoor toys storage 019-1940-66500 399.00 11/23/2021 0 Bank of Montreal Westin Chicago Northwest-lodging McLaughlin/Smith Homicide Conf 001-0510-54500 336.89 11/23/2021 0 Bank of Montreal Choose Chicago-Michigan Ave bus trip brochures 019-1940-64000 31.00 11/23/2021 0 Bank of Montreal Walmart-pumpkin for fall program 019-1940-64000 9.92 11/23/2021 0 Bank of Montreal HyVee-ERC lunch/First shift 001-0120-58500 294.03 11/23/2021 0 Bank of Montreal Farm King-Jack #526 019-1915-62500 56.68 11/23/2021 0 Bank of Montreal HyVee-treats & supplies for Lake Cleanup Day 019-1915-68000 35.41 11/23/2021 0 Bank of Montreal At-A-Glance-2022 Planner refills for Robert & Rory 001-0306-61000 86.00 11/23/2021 0 Bank of Montreal Amazon-Face masks 019-1935-59300 69.95 11/23/2021 0 Bank of Montreal Comcast-10/21 HD Technology Fee #20-29 021-0000-54000 9.95 11/23/2021 0 Bank of Montreal Walmart-snacks NHW/Candy Halloween Events 001-0510-83100 274.26 11/23/2021 0 Bank of Montreal Verizon Wireless-09/21 Service 001-0000-20102 1,376.96 11/23/2021 0 Bank of Montreal Lowes-shop material 053-0000-66000 1,010.57 11/23/2021 0 Bank of Montreal Amazon-camera batteries/squad cameras 001-0510-61000 8.72 11/23/2021 0 Bank of Montreal Office Specialists-10/21 copier charges 019-0000-20102 178.95 11/23/2021 0 Bank of Montreal Sherwin Williams-Hydrant paint 061-0000-66000 141.44 11/23/2021 0 Bank of Montreal SCW-Galesburg water plant UPS battery replace 061-0000-61700 153.93 11/23/2021 0 Bank of Montreal CBA Lighting-30W bulbs for runway 020-0000-66000 454.28 11/23/2021 0 Bank of Montreal HyVee-Hot dog buns 019-1920-64125 30.37 11/23/2021 0 Bank of Montreal Amazon-2 scandisk 2TB solid state drivers for inv 016-0000-61700 579.98 11/23/2021 0 Bank of Montreal Sling-timeclock & scheduling app 019-1905-55800 104.83 11/23/2021 0 Bank of Montreal Allegra-Banner for Stuff the Bus 030-0320-51500 88.12 11/23/2021 0 Bank of Montreal HyVee-cake,drinks,ice/Linda retire party 001-0510-58500 72.95 11/23/2021 0 Bank of Montreal Go Van Goh's-Clothing embroidery 001-0115-61000 45.00 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgiving luncheon/Hovind 001-0605-54500 25.00 11/23/2021 0 Bank of Montreal Menards-shop material 053-0000-66000 212.34 11/23/2021 0 Bank of Montreal Farm King-Trash can/Armor all wipes 019-1965-65500 49.98 11/23/2021 0 Bank of Montreal Kaser Power Equip-Material to maintain equip 001-0450-65500 133.27 11/23/2021 0 Bank of Montreal Menards-Paint supplies 030-0370-66500 29.86 11/23/2021 0 Bank of Montreal ScreenConnect-Tax 001-0000-10407 62.97 11/23/2021 0 Bank of Montreal Menards-Halloween decor/lobby 001-0510-58500 114.32 11/23/2021 0 Bank of Montreal Google Ads-Ads 019-1905-51500 473.03 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgiving luncheon/Bennewitz & Gugliotta 001-0115-54500 50.00 11/23/2021 0 Bank of Montreal Grammarly-3 mo subscription 001-0110-55800 59.95 11/23/2021 0 Bank of Montreal Amazon-Face masks 001-0510-67500 59.15 11/23/2021 0 Bank of Montreal S & S Industrial Supply-Brake cleaner, batteries, etc 001-0445-63000 140.56 11/23/2021 0 Bank of Montreal Disney World-Fraud Charge 030-0000-10407 381.25 11/23/2021 0 Bank of Montreal Menards-walkie talkies/batteries 001-0410-64800 117.94 11/23/2021 0 Bank of Montreal Walmart-Treats for ERC movie 001-0120-58500 34.54 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgiving luncheon/Nolden 001-0145-54500 25.00 11/23/2021 0 Bank of Montreal US Cellular-09/21 Service 019-0000-20102 67.18 11/23/2021 0 Bank of Montreal USPS-Stamps 030-0370-53000 46.40 11/23/2021 0 Bank of Montreal Acme Tools-100' tape measures, step drill bits 061-0000-66500 212.82 11/23/2021 0 Bank of Montreal Lowes-paint supplies 019-1950-66000 25.08 11/23/2021 0 Bank of Montreal Menards-shelf clips 001-0450-61000 3.49 11/23/2021 0 Bank of Montreal Holt Supply-pvc coupling 019-1915-65500 4.85 11/23/2021 0 Bank of Montreal Quasthoff's Flowers-Refunded by Fire Fighters Pension fund 001-0000-10407 65.50 11/23/2021 0 Bank of Montreal Lowes-concrete anchors 019-1950-66000 6.78 11/23/2021 0 Bank of Montreal Walmart-water filters 061-0000-83100 3,161.76 11/23/2021 0 Bank of Montreal Menards-RV anti freeze 019-1915-65500 80.70 11/23/2021 0 Bank of Montreal Lowe's-screw for plywood 053-0000-66000 40.74 11/23/2021 0 Bank of Montreal Reflective Apparel-Safety shirts 061-0000-67500 125.04 11/23/2021 0 Bank of Montreal SHI-streets wall rack/pt of fiber cross connect reconfi proj 001-0207-61700 448.75 11/23/2021 0 Bank of Montreal Menards-shop material 053-0000-66000 413.18 11/23/2021 0 Bank of Montreal Pekin Life Ins Co-11/21 Life Ins Prem 001-0510-47500 122.10 11/23/2021 0 Bank of Montreal Lowes-paper towels,household batteries 061-0000-65500 72.46 11/23/2021 0 Bank of Montreal Quadient-01/22 Postage machine lease 001-0000-10701 211.58 11/23/2021 0 Bank of Montreal HyVee-Hot dog buns 019-1920-64125 37.30 11/23/2021 0 Bank of Montreal Thompson-Elbow hose for bus 030-0370-62500 47.60 11/23/2021 0 Bank of Montreal Interstate Battery-Batteries for barricade lights 014-0000-64500 396.00 11/23/2021 0 Bank of Montreal USA Bluebook-Float switches 061-0000-65500 280.35 11/23/2021 0 Bank of Montreal IACP-2022 IACP Membership-Idle 001-0000-10701 265.00 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgiving luncheon/Oligney-Estill 019-1905-54500 25.00 11/23/2021 0 Bank of Montreal Grainger-wall hydrant repair kit 019-1950-66000 55.87 11/23/2021 0 Bank of Montreal Scott Equip-2 cycle oil for trimmers, saws, etc 019-1915-65500 94.11 11/23/2021 0 Bank of Montreal Vistaprint-signage for batting cage 019-1945-66000 66.25 11/23/2021 0 Bank of Montreal Pekin Life Ins Co-11/21 Life Ins Prem 001-0605-47500 122.10 11/23/2021 0 Bank of Montreal Amazon-Office supplies 001-0115-61000 5.99 11/23/2021 0 Bank of Montreal IIMC-2022 IIMC dues for Bennewitz 001-0000-10701 215.00 11/23/2021 0 Bank of Montreal People's-Mouse traps 001-0605-65000 4.99 11/23/2021 0 Bank of Montreal Acushnet-Merchandise for resale 019-1920-64000 61.52 11/23/2021 0 Bank of Montreal O'Reilly-Wax to mntn vehicles 001-0605-65500 83.94 11/23/2021 0 Bank of Montreal Charles Schultz SnapOn-tamper-proof sockets 061-0000-66500 75.20 11/23/2021 0 Bank of Montreal 10/21 CC Chrgs-Library 001-0000-10407 4,735.68 11/23/2021 0 Bank of Montreal Verizon Wireless-09/21 Service 019-0000-20102 153.76 11/23/2021 0 Bank of Montreal AC McCartney-Filter #584 019-1965-62500 110.78 11/23/2021 0 Bank of Montreal Dollar Tree-Monster Egg Hunt craft kit supplies 019-1940-64000 19.00 11/23/2021 0 Bank of Montreal EMP-Misc medical supplies 001-0605-68600 44.57 11/23/2021 0 Bank of Montreal Amazon-Office supplies 001-0115-61000 43.76 11/23/2021 0 Bank of Montreal Amazon-magnet tape for labels 019-1905-61000 6.76 11/23/2021 0 Bank of Montreal Amazon-toilet paper holder 001-0450-61000 26.10 11/23/2021 0 Bank of Montreal Zoro-Evidence Cans 001-0605-66500 71.68 11/23/2021 0 Bank of Montreal Quadient-01/22 Postage machine lease 061-0000-10701 56.42 11/23/2021 0 Bank of Montreal Verizon Wireless-09/21 Service 001-0000-20102 5.16 11/23/2021 0 Bank of Montreal Verizon Wireless-09/21 Service 016-0000-20102 1.72 11/23/2021 0 Bank of Montreal Farm King-Set screws/tools 061-0000-66500 18.57 11/23/2021 0 Bank of Montreal OTC-Monster Egg Hunt craft kit supplies 019-1940-64000 16.02 11/23/2021 0 Bank of Montreal Amazon-pens 001-0205-61000 38.91 11/23/2021 0 Bank of Montreal Lowes-Lumber for forms 014-0000-66000 63.94 11/23/2021 0 Bank of Montreal Dollar Tree-Halloween decor/lobby 001-0510-58500 34.00 11/23/2021 0 Bank of Montreal Badge Frame, Inc-Retirement name plate D Williams 001-0510-58500 20.00 11/23/2021 0 Bank of Montreal Comcast-10/21 Internet 001-0205-54000 30.00 11/23/2021 0 Bank of Montreal Farm King-Trigger start torch 019-1965-66500 113.47 11/23/2021 0 Bank of Montreal HyVee-21-09 kitchen supplies 021-0000-68000 77.74 11/23/2021 0 Bank of Montreal Amazon-fiber cleaning fluid/slice fiiber optic cable 001-0207-61700 25.00 11/23/2021 0 Bank of Montreal Peoples-LP tanks filled 001-0605-65500 38.40 11/23/2021 0 Bank of Montreal Menards-pump for finished water sample 061-0000-66000 235.99 11/23/2021 0 Bank of Montreal Menards-New shop material 053-0000-66000 398.82 11/23/2021 0 Bank of Montreal Wilson Paper-hand soap 001-0450-65000 69.92 11/23/2021 0 Bank of Montreal S & S Industrial Supply-Brake cleaner 001-0445-63000 83.73 11/23/2021 0 Bank of Montreal Menards-GFCI outlets for contact tanks 061-0000-66000 49.80 11/23/2021 0 Bank of Montreal Terminal Supply-connectors, etc 001-0445-63000 270.11 11/23/2021 0 Bank of Montreal Quadient-11/21-12/21 Postage machine lease 001-0160-88300 423.16 11/23/2021 0 Bank of Montreal Amazon-face masks 019-1945-67500 69.95 11/23/2021 0 Bank of Montreal MyElite Products-1/2 credenza shell 030-0370-66500 75.92 11/23/2021 0 Bank of Montreal Business Systems Connect-Incorrectly shipped Planet equip 001-0000-10407 1,215.52 11/23/2021 0 Bank of Montreal Advance Auto Parts-Materials to maintain equip 001-0450-65500 22.98 11/23/2021 0 Bank of Montreal Amazon-dry erase board for lifeguard office 019-1950-61800 58.50 11/23/2021 0 Bank of Montreal Office Specialists-10/21 copier charges 078-0000-20102 39.47 11/23/2021 0 Bank of Montreal LexisNexis-Legal research subscription 001-0145-55800 82.40 11/23/2021 0 Bank of Montreal Inquirehire-Background Check-Finance 078-0000-51000 52.00 11/23/2021 0 Bank of Montreal DvnDNS.com-Managed DNS Express 5 renewal (1 mo)001-0207-55800 24.00 11/23/2021 0 Bank of Montreal USA Blue Book-Grease/lube/curb box key 061-0000-66500 325.65 11/23/2021 0 Bank of Montreal Ipass-Remove prepaid Ipass chrgs 001-0000-10713 (13.05) 11/23/2021 0 Bank of Montreal HyVee-Hot dog buns 019-1920-64125 15.32 11/23/2021 0 Bank of Montreal Amazon-special event directional arrow signs 019-1905-51500 37.99 11/23/2021 0 Bank of Montreal Westin Chicago Northwest-lodging McLaughlin/Smith Homicide Conf 001-0510-54500 93.80 11/23/2021 0 Bank of Montreal Phillips 66-Diesel Tank & Gas 061-0000-62510 190.38 11/23/2021 0 Bank of Montreal Lock & Key-keys for cabinets at transit 030-0370-61000 149.50 11/23/2021 0 Bank of Montreal Holt Supply-PVC pipe for storm sewer 014-0000-66000 1,366.67 11/23/2021 0 Bank of Montreal UPS Store-Return rented training material 030-0370-53000 16.79 11/23/2021 0 Bank of Montreal Menards-Concrete block 030-0370-66000 7.00 11/23/2021 0 Bank of Montreal Sto-Cote products-ice rink refund discount code 019-1915-66000 (34.69) 11/23/2021 0 Bank of Montreal Amazon-marketing/directional signage 019-1905-51500 65.02 11/23/2021 0 Bank of Montreal HyVee-21-09 kitchen supplies 021-0000-68000 72.55 11/23/2021 0 Bank of Montreal Blueline/Redform-2022 Planner refill for Rich 001-0306-61000 71.59 11/23/2021 0 Bank of Montreal Menards-Magnet Hook for Stuff the Bus 030-0000-61000 39.88 11/23/2021 0 Bank of Montreal Walmart-water 019-1940-64125 5.98 11/23/2021 0 Bank of Montreal Lowes-materials to mntn equip 001-0450-65500 60.87 11/23/2021 0 Bank of Montreal Amazon-crossing guard jacket 001-0525-67500 61.45 11/23/2021 0 Bank of Montreal Menards-Tarp for dirt for forestry 019-1975-66000 54.99 11/23/2021 0 Bank of Montreal 10/21 CC Chrgs-ETSB 001-0000-10407 2,542.84 11/23/2021 0 Bank of Montreal Allegra-Banner for Stuff the Bus 030-0370-51500 88.13 11/23/2021 0 Bank of Montreal Lowes-concrete for sign posts 019-1940-66000 11.92 11/23/2021 0 Bank of Montreal Menards-New shop material 053-0000-66000 2,721.35 11/23/2021 0 Bank of Montreal Lowe's-3.5 gal FRP Greenchoice 014-0000-64500 227.92 11/23/2021 0 Bank of Montreal AC McCartney-Blade joint fuel filter #356 020-0000-62500 296.83 11/23/2021 0 Bank of Montreal Landmark-Admin ERC lunch 001-0120-58500 40.00 11/23/2021 0 Bank of Montreal SCW-10ea Sabrent USB external stereo adapters-MIS spares 001-0207-61700 86.70 11/23/2021 0 Bank of Montreal Galesburg Electric-fan motor for well 061-0000-65500 213.19 11/23/2021 0 Bank of Montreal Kaser Power Equip-Materials to maintain equip 001-0450-65500 257.57 11/23/2021 0 Bank of Montreal Sto-Cote products-ice rink liner 019-1915-66000 796.06 11/23/2021 0 Bank of Montreal Allegra-Ship back Demo Access Point 001-0207-53000 14.15 11/23/2021 0 Bank of Montreal Sabre Aerosol ProjTrain-Virtual chem aeros McLaughlin/Smith 001-0510-69000 150.00 11/23/2021 0 Bank of Montreal Comcast-10/21 Internet 001-0207-54000 454.85 11/23/2021 0 Bank of Montreal Amazon-Work clothes returned 001-0115-61000 (13.92) 11/23/2021 0 Bank of Montreal Galesburg Electric-Pipe cutter 061-0000-66500 172.50 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgiving luncheon/Idle & Hostens 001-0510-54500 50.00 11/23/2021 0 Bank of Montreal Lowe's-screw 053-0000-66000 60.60 11/23/2021 0 Bank of Montreal Lowes-Plywood 019-1965-65500 45.50 11/23/2021 0 Bank of Montreal Liebers Boxcar Express-food/Linda retire party 001-0510-58500 330.75 11/23/2021 0 Bank of Montreal Lowes-minor tools 001-0450-66500 91.42 11/23/2021 0 Bank of Montreal Quadient-11/21-12/21 postage machine lease 019-1905-88300 28.20 11/23/2021 0 Bank of Montreal Comcast-10/21 AV Room Cable 001-0207-54000 5.99 11/23/2021 0 Bank of Montreal Lowe's-Tax refund 001-0605-65500 (3.04) 11/23/2021 0 Bank of Montreal Phillips 66-Gas 061-0000-62510 94.55 11/23/2021 0 Bank of Montreal Menards-New shop material 053-0000-66000 981.07 11/23/2021 0 Bank of Montreal Comcast-10/21 Internet 019-1965-54000 62.95 11/23/2021 0 Bank of Montreal S & S Industrial Supply-Washer fluid 001-0000-10801 136.90 11/23/2021 0 Bank of Montreal Scott Equip-Refund for dbl charge 019-1965-65500 (2.74) 11/23/2021 0 Bank of Montreal IL Fire & Police Comm Assoc-Annual membership 001-0505-55000 375.00 11/23/2021 0 Bank of Montreal HyVee-21-09 kitchen supplies 021-0000-68000 47.53 11/23/2021 0 Bank of Montreal Lowes-Paint supplies 030-0370-61000 37.44 11/23/2021 0 Bank of Montreal Harvey Bros-Solemoids 001-0000-10801 101.07 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgiving luncheon/Gugliotta 001-0305-54500 25.00 11/23/2021 0 Bank of Montreal Motion Industries-Seal kit for motor coupling 061-0000-65500 79.59 11/23/2021 0 Bank of Montreal Menards-leather gloves 019-1975-67500 29.98 11/23/2021 0 Bank of Montreal Verizon Wireless-09/21 Service 061-0000-20102 23.06 11/23/2021 0 Bank of Montreal Quadient-11/21-12/21 Postage machine lease 061-0000-88300 112.84 11/23/2021 0 Bank of Montreal Menards-Oct craft night supplies 019-1940-64000 7.98 11/23/2021 0 Bank of Montreal Disney World-Fraud Charge reversed 030-0000-10407 (381.25) 11/23/2021 0 Bank of Montreal Quadient-01/22 Postage machine lease 019-0000-10701 14.10 11/23/2021 0 Bank of Montreal Menards-shop material 053-0000-66000 12.97 11/23/2021 0 Bank of Montreal US Cellular-09/21 Service 061-0000-20102 335.05 11/23/2021 0 Bank of Montreal Lowes-insulated sheating 019-1960-66000 14.58 11/23/2021 0 Bank of Montreal Transact-Office supplies 001-0115-61000 49.63 11/23/2021 0 Bank of Montreal Amazon-Apple lighting to digital ave adapter 001-0550-61700 41.98 11/23/2021 0 Bank of Montreal Thompson West Publishing-West Law books 001-0510-67000 950.00 11/23/2021 0 Bank of Montreal International Code Council-Purch 2021 ed of International Codes 001-0306-67000 1,121.83 11/23/2021 0 Bank of Montreal Amazon-Refund-Undeliv-nature program supplies/compasses 019-1940-64000 (14.98) 11/23/2021 0 Bank of Montreal Menards-silicone caulk 019-1915-65500 4.19 11/23/2021 0 Bank of Montreal Fastenal-Bolt #54 001-0605-62500 33.64 11/23/2021 0 Bank of Montreal Amazon-Refund-Undeliv-special event directional arrow signs 019-1905-51500 (37.99) 11/23/2021 0 Bank of Montreal Paypal-JookSMS-10/21 mass texting service mo sub 078-0000-55800 100.00 11/23/2021 0 Bank of Montreal Thompson-water outlet tube 030-0370-62500 73.15 11/23/2021 0 Bank of Montreal Amazon-Monster Egg Hunt-craft kit supplies 019-1940-64000 40.98 11/23/2021 0 Bank of Montreal Quickscores-scheduling for mens fall softball 019-1940-55800 63.00 11/23/2021 0 Bank of Montreal Inquirehire-Background cks/Transit empl 078-0000-51000 116.00 11/23/2021 0 Bank of Montreal JJ Keller-Tax Refund 001-0000-10407 (6.92) 11/23/2021 0 Bank of Montreal Acushnet-Merchandise for resale 019-1920-64000 47.20 11/23/2021 0 Bank of Montreal Walmart-Oct craft night supplies 019-1940-64000 14.93 11/23/2021 0 Bank of Montreal Menards-door sweep/door threshold 019-1915-66000 35.95 11/23/2021 0 Bank of Montreal Amazon-marketing/directional signage 019-1905-51500 65.97 11/23/2021 0 Bank of Montreal Office Specialists-10/21 copier charges 001-0000-20102 2,451.51 11/23/2021 0 Bank of Montreal Menards-Fan & Air freshner 030-0370-61000 59.69 11/23/2021 0 Bank of Montreal Cutting Edge-weed eater parts 061-0000-65500 37.85 11/23/2021 0 Bank of Montreal Amazon-toys 019-1940-64000 19.76 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgvng lunch/Schwartzman & Smith-Esters 001-0105-54500 56.00 11/23/2021 0 Bank of Montreal Menards-return joist hanger 053-0000-66000 (10.47) 11/23/2021 0 Bank of Montreal Todoist Pro Monthly-monthly subscription 001-0110-55800 4.00 11/23/2021 0 Bank of Montreal Amazon-Dodge balls 019-1940-64000 29.99 11/23/2021 0 Bank of Montreal UPS Delivery-Mings mailed package 001-0510-53000 10.49 11/23/2021 0 Bank of Montreal USA Bluebook-Door knob hangers 061-0000-61000 103.83 11/23/2021 0 Bank of Montreal Amazon-Halloween decor/lobby 001-0510-58500 35.95 11/23/2021 0 Bank of Montreal Menards-Paint supplies 019-1920-65500 17.66 11/23/2021 0 Bank of Montreal Holt-PVC 014-0000-66000 14.59 11/23/2021 0 Bank of Montreal Illinois Homicide Conf-registration McLaughlin/Smith 001-0510-54500 450.00 11/23/2021 0 Bank of Montreal Menards-Paint supplies 030-0370-66000 8.42 11/23/2021 0 Bank of Montreal HyVee-21-09 kitchen supplies 021-0000-68000 47.97 11/23/2021 0 Bank of Montreal Holt Supply Co-galavanized nipples 061-0000-66000 25.34 11/23/2021 0 Bank of Montreal Schulte Supply-marking flags 061-0000-66000 438.00 11/23/2021 0 Bank of Montreal ScreenConnect-Annual Renewal 001-0207-55800 1,007.49 11/23/2021 0 Bank of Montreal FreshDesk-MIS HelpDesk support system 001-0207-55800 87.00 11/23/2021 0 Bank of Montreal Amazon-Oct craft night supplies 019-1940-64000 5.99 11/23/2021 0 Bank of Montreal Amazon-Returned paper cutter 001-0115-61000 (44.78) 11/23/2021 0 Bank of Montreal HyVee-21-09 kitchen supplies 021-0000-68000 192.43 11/23/2021 0 Bank of Montreal Comcast-10/21 Cable 001-0630-54000 15.00 11/23/2021 0 Bank of Montreal HyVee-bottled water for council mtgs 001-0105-61000 11.98 11/23/2021 0 Bank of Montreal In Bedwell Farm Equip-Used, bell crank for sickle bar mower 019-1915-65500 410.00 11/23/2021 0 Bank of Montreal Amazon-command hooks 001-0550-61000 47.96 11/23/2021 0 Bank of Montreal Amazon-Oct craft night supplies 019-1940-64000 4.68 11/23/2021 0 Bank of Montreal Amazon-Office supplies 001-0115-61000 91.28 11/23/2021 0 Bank of Montreal Farm King-tordon 061-0000-62510 51.98 11/23/2021 0 Bank of Montreal Office Specialists-10/21 copier charges 030-0000-20102 100.52 11/23/2021 0 Bank of Montreal Chamber of Commerce-Thanksgvng lunch/Thompson 001-0110-54500 28.00 11/23/2021 0 Bank of Montreal Midstate (Filter Service)-Filter cleaining #507 019-1915-55500 22.00 11/23/2021 0 Bank of Montreal USA Bluebook-Hydrant paint 061-0000-66000 76.30 11/23/2021 0 Bank of Montreal Amazon-Refund-Undeliv-Mobile playground toys/books 019-1940-64000 (54.41) 11/23/2021 0 Bank of Montreal Amazon-Halloween decorations 001-0510-83100 29.93 11/23/2021 0 Bank of Montreal Airgas-Oxygen Acetylene 001-0445-63000 197.82 11/23/2021 0 Bank of Montreal Amazon-tennis balls 019-1940-64000 164.18 11/23/2021 0 Bank of Montreal Farm King-gate for Pickard Road brush site 019-1975-66000 339.99 11/23/2021 0 Bank of Montreal Amazon-Refund-Undeliv-general program supplies/scissors 019-1940-64000 (9.99) 11/23/2021 0 Bank of Montreal Farm King-Driveway markers 020-0000-66000 27.39 11/23/2021 0 Bank of Montreal Lowes-carbide saw blade 019-1915-65500 39.98 11/23/2021 0 Bank of Montreal Harvey Bros-Starter #579 019-1905-62500 102.00 11/23/2021 0 Bank of Montreal Menards-drill bits, etc 014-0000-64500 178.70 11/23/2021 0 Bank of Montreal Walmart-tablecloth/Linda retire party 001-0510-58500 11.70 11/23/2021 0 Bank of Montreal Peoples-Premixed fuel 001-0605-65500 20.97 11/23/2021 0 Bank of Montreal Permvault-keys for vault 030-0320-61000 75.67 11/23/2021 0 Bank of Montreal Ipass-Refund/Ipass devices 001-0000-10502 (20.00) 11/23/2021 0 Bank of Montreal Amazon-paper shredder & lubricant 019-1905-61000 213.99 11/23/2021 0 Bank of Montreal Frontier Communications-Water treatment plant phone & internet 061-0000-54000 329.77 11/23/2021 0 Bank of Montreal Menards-Paint for spillway walls 019-1915-66000 286.00 11/23/2021 0 Bank of Montreal Webber Rental & Supply-saw blade 001-0450-65500 82.76 11/23/2021 0 Bank of Montreal Lowe's-materials to mntn equip 001-0605-65500 37.80 11/23/2021 0 Bank of Montreal Comcast-10/21 IDOT Modem 001-0000-10407 108.35 11/23/2021 0 Bank of Montreal UPS Store-oil samples & part return 030-0370-53000 77.25 11/23/2021 0 Bank of Montreal HyVee-brkfst new council orientation-K Wallace 001-0105-58500 11.73 11/23/2021 0 Bank of Montreal Comcast-10/21 Cable 001-0510-54000 19.90 11/23/2021 0 Bank of Montreal Menards-USB ports for mic hardhats forestry 019-1975-66500 15.94 11/23/2021 0 Bank of Montreal UPS-return unused entry level police tests 001-0505-53000 11.37 11/23/2021 0 Bank of Montreal Menards-Adhesive 014-0000-64500 57.96 11/23/2021 0 Bank of Montreal Sto-Cote products-Refund 019-1915-66000 (41.19) 11/23/2021 0 Bank of Montreal Menards-paint supplies 019-1920-65500 45.13 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0110-47500 82.20 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0115-47500 72.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0207-47500 61.20 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0145-47500 18.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0120-47500 63.31 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0205-47500 208.50 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0445-47500 36.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0306-47500 165.66 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0550-47500 39.60 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0510-47500 381.60 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0410-47500 90.15 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0450-47500 63.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0605-47500 216.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 001-0305-47500 19.86 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 023-0000-47500 5.40 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 014-0000-47500 72.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 017-0000-47500 10.80 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 030-0320-47500 54.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 030-0370-47500 54.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 019-1920-47500 72.00 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 024-0000-47500 31.38 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 061-0000-47500 205.65 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 078-0000-47500 21.44 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 020-0000-47500 7.20 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 067-0000-47500 1.80 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 019-1905-47500 162.75 11/24/2021 0 Dearborn National Life Insurance 12/21 Life Insurance Premiums 018-0000-47500 46.80 11/24/2021 0 Dearborn National Life Insurance 12/21 Vision Insurance Premiums 078-0000-20315 2,972.18 11/24/2021 0 Illinois Department of Revenue 10/21 Sales Tax 019-1925-84000 20.00 11/24/2021 0 Illinois Department of Revenue 10/21 Sales Tax 019-1920-84000 722.00 11/24/2021 0 Illinois Department of Revenue 10/21 Sales Tax 019-1940-84000 56.00 1/24/2021 0 Quadient Leasing USA, Inc Postage for machine 061-0000-10702 500.00 11/29/2021 95704 Roger Underwood & Deb German Mr/Mrs Claus - Candyland Ball 019-1940-51400 150.00 11/29/2021 95705 Tommy Russell Square Dance Caller - Candyland Ball 019-1940-51400 125.00 Grand Total 585,965.13$ ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: GPO Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG NOVEMBER 15, 2021 AGENDA ITEM: Adjustment of various rates and fees collected by the City SUMMARY RECOMMENDATION: The City Manager; Director of Planning; and Director of Finance & Information Systems recommend the approval of the various rates and fees. BACKGROUND: One of the goals of City Council’s discussed in fiscal year 2012 was to have Administration evaluate rates and fees to ensure cost-recovery but to avoid the rates/fees being a barrier. As part of the fiscal year 2022 budget process, the Council is provided with the fee changes that are recommended in the Master Revenue Fee Schedule. The schedule provides a list of recommended changes which includes various licenses, recreation fees, water fees and refuse fee. If approved by City Council, it is recommended that the rate and fee change become effective on January 1, 2022. BUDGET IMPACT: The rate and fee will be budgeted for fiscal year 2022 and will become effective January 1, 2022. SUPPORTING DOCUMENTS: 1.Summary Master Revenue Fee Schedule Changes 2.Ordinance Amendments Concerning Applicable Fees 21-1037 CITY OF GALESBURG 2022 MASTER REVENUE FEE SCHEDULE EXHIBIT A Fund #Acct #Revenue Source Notes Dept. Municipal Code Last Change (fiscal year) Current Fee Amount Recommended Fee Amount $ Change % Chang e Additional Notes 1 31900 Towing Company License City Clerk 2018 75.00 100.00 25.00 33.3%7 tow companies 1 31050 Excavator License City Clerk 2018 75.00 100.00 25.00 33.3% 1 31900 Sidewalk Café License City Clerk 111.119 2020 75.00 100.00 25.00 33.3% 1 31050 Tree Service Contractor registration fee annual City Clerk 116.030 2018 75.00 100.00 25.00 33.3% 1 31040 Any person, partnership or corporation desiring to become a registered contractor shall first pay a registration fee of $75 $100. City Clerk 150.002C(2)2018 75.00 100.00 25.00 33.3%250 general contractors 1 31055 Demolition contractor license City Clerk 150.036ch 2018 75.00 100.00 25.00 33.3%11 demo contractors 1 31050 Electric Contractor License City Clerk 150.084 &150.089 2018 75.00 100.00 25.00 33.3%9 electrical contractors 1 31045 Heating contractor license City Clerk 150.127a 2018 75.00 100.00 25.00 33.3%30 HVAC contractors 19 33389 Shelters, gazebos and recreation structures such as fishing piers, grass area for pictures, etc. reservation Park & Rec 2020 35.00 40.00 5.00 14.3% 19 33353 Lake Storey boat rental per hour Lake Storey Park & Rec 2020 9.00 10.00 1.00 11.1%Minimum wage increase 19 33360 Hawthorne gym rental per hour Hawthorne gym Park & Rec 2017 35.00 40.00 5.00 14.3%Minimum wage increase 19 33363 Hawthorne pool rental fee - 35 swimmers or less per hour Hawthorne pool Park & Rec 2019 80.00 90.00 10.00 12.5% 19 33363 Hawthorne pool rental fee - 36-75 swimmers Hawthorne pool Park & Rec 2019 120.00 130.00 10.00 8.3% 19 33363 Hawthorne pool rental fee - 76- 100 swimmers Hawthorne pool Park & Rec 2019 135.00 Remove - no groups larger than 75 19 33372 Lakeside pool daily fee - over age 2 Monday - Thursday Lakeside Pool Park & Rec 2020 5.00 6.00 1.00 20.0%Minimum wage increase 19 33372 Lakeside pool daily fee - over age 2 Friday - Sunday Lakeside Pool Park & Rec 2020 6.00 7.00 1.00 16.7%Minimum wage increase 19 33372 Lakeside pool coupon booklet - 10 pack Lakeside Pool Park & Rec 2020 48.00 56.00 8.00 16.7% 1 of 5 Fund #Acct #Revenue Source Notes Dept. Municipal Code Last Change (fiscal year) Current Fee Amount Recommended Fee Amount $ Change % Chang e Additional Notes 19 33373 Lakeside pool rental fee after hours per hour Lakeside Pool Park & Rec 2020 225.00 250.00 25.00 11.1% 19 33373 Lakeside pool basic party fee - groups of up to 15 Lakeside Pool Park & Rec 2020 $156 + $11 each add'l attendee $171 + $12 each add'l attendee 15.00 9.6% 19 33373 Lakeside pool premium party fee - groups of up to 15 Lakeside Pool Park & Rec 2020 $183 + $13 each add'l attendee $198 + $14 each add'l attendee 15.00 8.2% 19 33377 Lakeside recreation facility multi- purpose courts rental per hour Lakeside Rec Park & Rec 2016 25.00 28.00 3.00 12.0% 19 33377 Lakeside recreation facility in-door tennis courts rental per hour Lakeside Rec Park & Rec 2020 $7/person/co urt $8/person/court 1.00 14.3% 67 36200 Solid waste rates and charges. All one-family, two-family and three- family dwelling water users, within the city limits, shall have added to the utility bills issued by the city the sum of $21.85 $22.65 per month, per dwelling unit, to be used for the financing of the collection and disposal of solid waste; provided, however, that owners of multi-family structures containing four or more dwelling units may elect to either use the solid waste collection and disposal services provided by the city and pay at a rate of $21.85 $22.65 per month for each dwelling unit, or the owners may elect to dispose of the solid waste by private waste hauling contractor, in which latter event, they will not be charged a collection and disposal fee by the city. Refuse 50.40A 2021 21.85 22.65 0.80 3.7% 2 of 5 Fund #Acct #Revenue Source Notes Dept. Municipal Code Last Change (fiscal year) Current Fee Amount Recommended Fee Amount $ Change % Chang e Additional Notes 61 33510 Less than 1 in. Water monthly facility charge - Water 51.065A 2020 15.91 16.4700 0.56 3.5% 61 33510 1 in. to less than 2 in. Water monthly facility charge - Water 51.065A 2020 33.05 34.2100 1.16 3.5% 61 33510 2 in. to less than 4 in. Water monthly facility charge - Water 51.065A 2020 66.10 68.4100 2.31 3.5% 61 33510 4 in. to less than 6 in. Water monthly facility charge - Water 51.065A 2020 165.35 171.1400 5.79 3.5% 61 33510 6 in. and greater Water monthly facility charge - Water 51.065A 2020 413.40 427.8700 14.47 3.5% 61 33500 Effective January 1, 2020, 2022, the following rates shall be charged for water furnished consumers inside the corporate limits of the city: Per month , per 100 cubic feet $2.50 $2.59 Water 51.066 2020 2.50 2.590 0.09 3.6% 61 36160 Effective by June 1, 2018, January 1, 2022, the following rates shall be charged for fire service connections for metered water consumers serving properties located inside of the corporate limits: 2 inches Fire service line monthly rate Water 51.070 2018 8.75 9.0600 0.31 3.5% 3 of 5 Fund #Acct #Revenue Source Notes Dept. Municipal Code Last Change (fiscal year) Current Fee Amount Recommended Fee Amount $ Change % Chang e Additional Notes 61 36160 Effective by June 1, 2018, January 1, 2022, the following rates shall be charged for fire service connections for metered water consumers serving properties located inside of the corporate limits: 3 inches Fire service line monthly rate Water 51.070 2018 10.50 10.8700 0.37 3.5% 61 36160 Effective by June 1, 2018, January 1, 2022, the following rates shall be charged for fire service connections for metered water consumers serving properties located inside of the corporate limits: 4 inches Fire service line monthly rate Water 51.070 2018 12.25 12.6800 0.43 3.5% 61 36160 Effective by June 1, 2018, January 1, 2022, the following rates shall be charged for fire service connections for metered water consumers serving properties located inside of the corporate limits: 6 inches Fire service line monthly rate Water 51.070 2018 15.75 16.3000 0.55 3.5% 61 36160 Effective by June 1, 2018, January 1, 2022, the following rates shall be charged for fire service connections for metered water consumers serving properties located inside of the corporate limits: 8 inches Fire service line monthly rate Water 51.070 2018 19.25 19.9200 0.67 3.5% 61 36160 Effective by June 1, 2018, January 1, 2022 the following rates shall be charged for fire service connections for metered water consumers serving properties located inside of the corporate limits: 10 inches Fire service line monthly rate Water 51.070 2018 24.50 25.3600 0.86 3.5% 4 of 5 Fund #Acct #Revenue Source Notes Dept. Municipal Code Last Change (fiscal year) Current Fee Amount Recommended Fee Amount $ Change % Chang e Additional Notes 61 36160 Effective by June 1, 2018, January 1, 2022, the following rates shall be charged for fire service connections for metered water consumers serving properties located inside of the corporate limits: 12 inches Fire service line monthly rate Water 51.070 2018 29.75 30.7900 1.04 3.5% 5 of 5 ORDINANCE NO. _______ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS, AS FOLLOWS: SECTION 1 The amendments to the various sections of the Galesburg Code of Ordinances concerning applicable fees, as shown on Exhibit A which is attached hereto and incorporated by reference thereto, are hereby adopted and approved. SECTION 2 All ordinances or parts of ordinances, in conflict with this ordinance are, to the extent of such conflict, hereby repealed. SECTION 3 This ordinance shall take effect on January 1, 2022, after its passage, approval and publication as provided by law. Approved this _______day of ____________________, 2021, by roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ _____________________________________________________________________________ Nays: ________________________________________________________________________ _____________________________________________________________________________ Absent: ______________________________________________________________________ Peter Schwartzman, Mayor ATTEST: Kelli R. Bennewitz, City Clerk _________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: GPO Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG, ILLINOIS NOVEMBER 15, 2021 AGENDA ITEM: 2021 Property Tax Levy Ordinance SUMMARY RECOMMENDATION: The City Manager and Director of Finance and Information Systems recommend the City Council approve the 2021 Property Tax Levy Ordinance. BACKGROUND: Annually, the City Council establishes a dollar amount needed from property tax extensions by the County Clerk. This amount is then aggregated with other taxing districts resulting in individual tax bills on individual property. The City should receive the majority of the money collected from this levy in June and September of 2022. The 2021 tax levy request has been established at $9,707,625 which is an increase of 2.64% when compared to the total amount of the current year tax levy (2020) extension. The following table displays the levy request by use: DESCRIPTION 2021 LEVY AMOUNT $ CHANGE FROM 2020 LEVY EXTENSION % CHANGE FROM 2020 LEVY EXTENSION % OF TOTAL LEVY REQUEST Corporate $2,598,320 $100,006 4% 27% G.O. Bonds 0 0 0% 0% Social Security 250,055 2 0% 3% IMRF 284,860 (1) 0% 3% Police Pension 2,478,490 184,365 8% 25% Fire Pension 2,460,545 (93.999) (4%) 25% Public Library 1,635,355 59,201 4% 17% Based on the current information on the Estimated Assessed Value (EAV) for the 2021 tax levy, the estimated property tax rate for the City will be approximately $2.669 or seven cents more than the 2020 tax levy rate. The property tax rate is applied to individual tax bills. BUDGET IMPACT: The property tax levy will fund a portion of the City’s General Fund and Park & Recreation Fund general operations; IMRF obligations in the General Fund; the majority of the Public Library’s general operations; and the police pension and firefighters’ pension funds. SUPPORTING DOCUMENTS: 1. 2021 Property Tax Levy Estimation 2. 2022 Appropriations for Tax Levy 21-1038 Estimated Taxable Value (EAV)363,713,908$ Description Estimated Rate 2021 Levy Request 2020 Levy Extension $ Change in Levy % Change in Levy Galesburg City Corporate 0.336$ 1,222,170$ 1,122,166$ 100,004$ 8.91% Bonds - 0 0 - #DIV/0! IMRF 0.078 284,860 284,861 (1) 0.00% Social Security 0.069 250,055 250,053 2 0.00% Policemens Pension 0.681 2,478,490 2,294,125 184,365 8.04% Library 0.450 1,635,355 1,576,154 59,201 3.76% Body Totals 1.614$ 5,870,930$ 5,527,360$ 343,570$ 6.22% Galesburg City Fire Corporate 0.378$ 1,376,150 1,376,148$ 2$ 0.00% Firemens Pension 0.677 2,460,545 2,554,544 (93,999) -3.68% Body Totals 1.055$ 3,836,695$ 3,930,691$ (93,996)$ -2.39% Grand Total 2.669$ 9,707,625$ 9,458,051$ 249,574$ 2.64% Approved this ______ day of _________________________, 20____, by a roll call vote as follows: Roll Call #: ____________________________ Ayes: ___________________________________________________________________________________ ___________________________________________________________________________________ Nays: ___________________________________________________________________________________ Absent: __________________________________________________________________________________ . _______________________________ Peter Schwartzman, Mayor ATTEST: ________________________________________ Kelli R. Bennewitz, City Clerk Estimated Real Estate Extension Report KNOX COUNTY TAX YEAR - 2021 Special Ordinance No. _____________________ AN ORDINANCE MAKING THE LEVY FOR CORPORATE PURPOSES AND SPECIAL FUNDS, FOR THE CURRENT YEAR COMMENCING ON THE FIRST DAY OF JANUARY, 2022 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER, 2022 FOR THE CITY FOR GALESBURG, ILLINOIS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS: SECTION 1. That a tax levy for the following sums of money, or as much thereof as may be authorized by law, to defray all expenses and liabilities of the City be, and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year commencing on the first day of January, 2022, and ending on the thirty-first day of December, 2022. The specific amounts are levied for the purposes listed below, indicated by being placed in a separate column designated "Amount Raised by Taxation" which item appears at the right hand column of this ordinance. The tax so levied for the fiscal year of the City of Galesburg, and is for the appropriation amounts to be raised by taxation, the total of which has been determined as follows: Fund Description FY 22 Budget Amount Raised by Other than Taxation Amount Raised by Taxation General Fund Fire Department 7,594,110 6,217,960 1,376,150 Various Pensions and Social Security Contributions in General Fund: IMRF (284,860) 284,860 Social Security (250,055) 250,055 Police Pension (2,478,490) 2,478,490 Fire Pension (2,460,545) 2,460,545 001 Total General Fund 27,423,395 19,595,560 7,827,835 011 Motor Fuel Tax 2,695,000 2,695,000 - 013 Grants 7,433,185 7,433,185 - 014 City Gas Tax 1,592,990 1,592,990 - 015 Federal Special Enforcement - - - 016 Special Enforcement 36,650 36,650 - 017 911 Communications 118,945 118,945 - 018 Storm Water Utility 1,290,300 1,290,300 - 019 Parks & Recreation 5,380,650 5,136,215 244,435 020 Airport Operations 286,915 286,915 - 021 Foreign Fire 11,430 11,430 - 023 Property Redevelopment 853,935 853,935 - 024 Economic Development 974,130 974,130 - 026 UDAG Repayment 856,300 856,300 - 030 Public Transportation Services 2,289,195 2,289,195 - 032 Public Transportation Projects 800,000 800,000 - 043 2016 GO Bond Debt Service 640,365 640,365 - 046 2011C Business Park Bonds 322,990 322,990 - 047 Business Dstrct 2013A GO Bonds 114,580 114,580 - 048 TIF 3 Regency Cap Proj 75,000 75,000 - 049 TIF IV 1,075,940 1,075,940 - 051 Players Fields Capital Imp 6,000 6,000 - 053 Building Repair & Maintenance 161,120 161,120 - 054 Planning Fund 50,000 50,000 - 055 TIF Downtown 360 360 - 056 TIF East Main 274,420 274,420 - 057 Computer Replacement 226,500 226,500 - 1 Fund Description FY 22 Budget Amount Raised by Other than Taxation Amount Raised by Taxation 058 Vehicle Replacement 320,465 320,465 - 059 Utility Tax Capital Projects 1,195,070 1,195,070 - 060 Seminary St Business District 30,010 30,010 - 061 Water Operations 6,519,190 6,519,190 - 067 Refuse 2,891,510 2,891,510 - 078 Risk Management 1,004,530 1,004,530 - 085 OPEB Trust 1,500 1,500 - 088 Linwood Cemetery Trust 2,900 2,900 - 089 East Linwood Cemetery Trust 15,000 15,000 - 900 Public Library 10,927,950 9,292,595 1,635,355 Total All Other Funds 50,475,025 48,595,235 1,879,790 Total 2022 Appropriations for 2021 Tax Levy 77,898,420 68,190,795 9,707,625 SECTION 2. The City Clerk of the City of Galesburg is hereby directed to file with the County Clerk of Knox County, Illinois, a properly certified copy of the ordinance on or before the last Tuesday of December 2021. SECTION 3. The provisions of this ordinance are hereby declared to be separable, and if any section, phrase or provision shall for any reason by declared to be invalid, such declaration shall not the validity of the remainder of the sections, phrases or provisions hereof. SECTION 4. This section shall be in full force and effect after its passage and approval by the Mayor. SECTION 5. This ordinance is adopted pursuant to the state law of Illinois and the home rule authority provided pursuant to the Constitution of the State of Illinois. Approved this ______ day of _________________________, 20____, by a roll call vote as follows: Roll Call #: ____________________________ Ayes:______________________________________________________________________ Nays: ______________________________________________________________________ Absent ______________________________________________________________________ ________________________________ Peter Scwartzman, Mayor ATTEST: ________________________________________ Kelli R. Bennewitz, City Clerk 2 ___________________________________________________________________________________________________________________________________________________________________________________________ Page 1 of 3 COUNCIL LETTER CITY OF GALESBURG, ILLINOIS DECEMBER 6, 2021 AGENDA ITEM: Special Ordinance to approve the 2021 levy for the Special Service Area #1 (Downtown Area). SUMMARY RECOMMENDATION: It is recommended the City Council approve the Special Service Area Tax Levy Ordinance. BACKGROUND: On January 20, 1975, the City Council approved Special Ordinance No. 75-4 which created, from the Special Service Area #1, a flat rate of $1 per $100 equalized assessed value. Money generated from this levy is utilized to pay maintenance services in the downtown area. On May 2, 1992, the Downtown Council requested that at the time their levy for bond repayment expired, a new tax replace it in the amount of $1.50 per $100 of equalized assessed value to assist in covering operational expenses. Their request was approved and in 1995 the Downtown Council began receiving the new tax. The ordinance for the property tax stated that the tax shall not be levied for more than 10 years. On November 18, 2013, the City Council approved a ten-year extension of the $1.50 tax for the Special Service Area tax commencing on the 2014 property tax levy (payable in 2015). The tax levy must be approved in time to be filed with the Knox County Clerk by the last Tuesday in December 2021. For the 2021 property tax, collected in 2022, the Special Service Area Number One board has requested that the City Council approve an extension that is over 105% of the 2020 property tax extension which will require a truth in taxation hearing to be held prior to the regular council meeting on December 6, 2021. The total increase for the Special Service Area Number One is $43,275 or 32% when compared to the 2020 property tax extension. The following provides the comparison of tax extensions: Tax Line Item 2020 Tax Extension 2021 Tax Request Difference Maintenance $54,290 $72,000 $17,710 Operations & Maintenance $81,435 $107,000 $25,565 Total $135,725 $179,000 $43,275 BUDGET IMPACT: The City uses replacement taxes to make up the difference between the amount received from the levy and the contract amount. SUPPORTING DOCUMENTS: 1. SSA Tax Levy Ordinance 21-1040 ___________________________________________________________________________________________________________________________________________________________________________________________ Page 2 of 3 SPECIAL ORDINANCE NUMBER ___________________ AN ORDINANCE MAKING THE LEVY FOR THE SPECIAL SERVICE AREA #1 FOR THE CURRENT FISCAL YEAR COMMENCING THE FIRST DAY OF JANUARY, 2022 AND ENDING ON THE THIRTY-FIRST DAY OF DECEMBER, 2022, FOR THE CITY OF GALESBURG, ILLINOIS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS: SECTION 1: That a tax for the following sums of money, or as much thereof as may be authorized by law to defray all expenses and liabilities of the City be, and the same is, hereby levied for the purpose specified against all taxable property in the Special Service Area #1 in the City for the fiscal year commencing on the first day of January, 2022 and ending on the thirty- first day of December, 2022. SPECIAL SERVICE AREA #1 MAINTENANCE APPROPRIATED LEVIED Contractual Services SSA#1 Maintenance $187,000 Total SSA #1 Maintenance $187,000 Appropriated for the foregoing expenses of the Special Service Area #1 Maintenance from sources other than taxation. $8,000 Levied as tax for Special Service Area #1 Maintenance Fund the sum of $72,000 Levied as tax for Special Service Area #1 an Additional Maintenance Fund for Special Services $107,000 Total Levy for Special Service Area $179,000 SECTION 2. The City Clerk of Galesburg is hereby directed to file with the County Clerk of Knox County, Illinois, a properly certified copy of this ordinance on or before the last Tuesday of December 2021. SECTION 3. If any item or portion of this ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this ordinance. SECTION 4. That this ordinance shall be in full force and affect after its passage and approval and recording as provided by law. ___________________________________________________________________________________________________________________________________________________________________________________________ Page 3 of 3 Approved this ____ day of _________________, 20____, by a roll call vote as follows: Roll Call #:_________________ Ayes:_______________________________________________________________________ Nays:_______________________________________________________________________ Absent:_____________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Ordinance for proposed ward and precinct redistricting map. SUMMARY RECOMMENDATION: The Board of Election Commissioners recommends approval of the ordinance. BACKGROUND: The Board of Election Commissioners is required to change the boundaries of election precincts after each ten-year census following the completion of congressional and legislative redistricting and such precincts shall contain as nearly as practicable 1,200 registered voters. (As for wards, the action of the Commissioners is only a recommendation since the Council has the statutory obligation to redistrict wards.) The legislative, congressional and county board district boundaries have been finalized. Therefore, the Board of Election Commissioners is proposing to rebalance the wards and precincts to correct for imbalances that have naturally occurred as residents and voters have moved in and out of wards and precincts over the past decade. The Board also proposes a reduction in precincts from 21 to 20 to more closely align the city with state standards. BUDGET IMPACT: A $1,500 reduction in election judge payroll expenses during even numbered years and a $750 reduction during odd numbered years. SUPPORTING DOCUMENTS: 1.Election statutes 2.Ordinance 3.Proposed redistricting map 4.Proposed ward changes from current boundaries map 5.Frequently Asked Questions 21-1041 The Election Code of Illinois Annotated (10 ILCS 5/11-3) (from Ch. 46, par. 11-3) Sec. 11-3. It shall be the duty of the Board of Commissioners established by Article 6 of this Act, within 2 months after its first organization, to divide the city, village or incorporated town which may adopt or is operating under Article 6, into election precincts, each of which shall be situated within a single congressional, legislative and representative district insofar as is practicable and in not more than one County Board district and one municipal ward; in order to situate each precinct within a single district or ward, the Board of Election Commissioners shall change the boundaries of election precincts after each decennial census as soon as is practicable following the completion of congressional and legislative redistricting and such precincts shall contain as nearly as practicable: (i) 1,200 qualified voters if the precinct is located in a county with fewer than 3,000,000 inhabitants; or (ii) 1,800 registered voters if the precinct is located in a county with 3,000,000 or more inhabitants. Within 90 days after each presidential election, such board in a city with fewer than 500,000 inhabitants, village or incorporated town shall revise and rearrange such precincts on the basis of the votes cast at such election, making such precincts to contain, as near as practicable, 1,200 registered voters or 1,800 registered voters, as applicable. However, any apartment building in which more than 1,200 or 1,800 registered voters, as applicable, reside may be made a single precinct even though the vote in such precinct exceeds 1,200 or 1,800 registered voters, as applicable. Within 90 days after each presidential election, a board in a city with more than 500,000 inhabitants shall revise and rearrange such precincts on the basis of the votes cast at such election, making such precincts to contain, as near as practicable: (i) 1,200 registered voters if the precinct is located in a county with fewer than 3,000,000 inhabitants; or (ii) 1,800 registered voters if the precinct is located in a county with 3,000,000 or more inhabitants. However, any apartment building in which more than 1,200 registered voters or 1,800 registered voters, as applicable, reside may be made a single precinct even though the vote in such precinct exceeds 1,200 or 1,800 registered voters, as applicable. ORDINANCE NO________ WHEREAS, the Galesburg Board of Election Commissioners have proposed new ward and precinct lines for the City of Galesburg in conformity with the Illinois Election law; and WHEREAS, the City Council has reviewed said new ward and precinct lines, and finds that the population of each new ward, as proposed, is nearly equal, and said wards are made up of as compact and contiguous territory as practicable, and said precincts are arranged in such a manner as to be practical and cost-effective to administer; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, KNOX COUNTY, ILLINOIS, SECTION ONE: The ward and precinct lines for the City of Galesburg, Knox County, Illinois, be, and hereby are, redrawn and established as shown on the attached map. SECTION TWO: Said map shall be, and hereby is, adopted by reference and hereby made part of this ordinance. SECTION THREE: That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION FOUR: That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, which publication shall be in pamphlet form. Approved this ____ day of _________________, 20____, by a roll call vote as follows: Roll Call #:_________________ Ayes:_______________________________________________________________________ Nays:_______________________________________________________________________ Absent:_____________________________________________________________________ _______________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk o i j k l mnN HENDERSON STS HENDERSON STS HENDERSON STE LOSEY STN SEMINARY STE SOUTH STS BROAD STDAYTON CTS LINWOOD RDS LINWOOD RDS LINWOOD RDN BROAD STN BROAD STW MAIN ST E FREMONT ST E KNOX ST E KNOX ST S BROAD STE SOUTH ST W KNOX ST E DAYTON ST E FREMONT ST E FREMONT STW FREMONT ST W FREMONT ST W FREMONT ST W FREMONT ST W SOUTH ST S SEM INARY ST E DAYTON ST E CARL SANDBURG DR E MAIN ST W MAIN ST S SEMINARY STW MAIN ST W LOSEY ST W LOSEY ST N SEMINARY STN SEMINARY STW DAYTON ST LINCOLN STLINCOLN STG R A N D A V E G R A N D A V E E MAIN ST E MAIN S T W CARL SANDBURG DRW CARLSANDBURG DR DAYTON DR N HENDERSONST NN HENDERSON STN HENDERSON STW MAIN ST W MAIN ST W MAIN ST MONM O U T H B L V D MONM O U T H B L V D MONM O U T H B L V DN LINWOOD RDN PEARL STN WHITESBORO STW TOMPKINS ST E TOMPKINS ST W BERRIEN ST HERITAGE DRSODHI AVELEDF O R D L N BEDI AVE DOUGLASDRPARK VIEW RD CARRINGTONAVEMACHEN DRHARDING STPRESTWICKDRE FIFTH STBICKERDYKE BRG RON A D R ORIOLE 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IVAN AVEE THIR D S TWOODY DRSHELDON STLINDSAY LNS CHAMBERS STRHODE ISLAND AVEHAMPTON CTCLARK STWOODLOCK RDHERRI N G A V E E FIRST S TFRANKLIN AVEACCOMMODATION AVE HUBER AVEH AW T H O R N E C T COURT ST MCKNIGHT ST WINCHES TER C IR WILLOW L N ELLA ST E NORTH STWESTVIEW DREMERY STSILVER STS ARTHUR AVETOM L W ILSON BLVDARNOLD STVOLUNTEER DRCARDINA L D RPARKWAY CTCOLUMBUS AVEOREN LN KNOLLCREST DR ARIZONA AVE E FIFTH ST E FIFTH STHACKBERRYCIRPATTERSON DRN LAKE STOREY RD N LAKE STOREY RD FINLEY RDILLINI DRWARREN ST MEADOW DRLOG CITY TRLLOG CITY TRLMCMASTERS AVE S LAKE STOREY RD S LAKE STOREY RD LACON ST CARO L D R GALE VILLAGE DRCATHERINE STW FIRST STS TREADWELL DR IOWAAVEMONTAGUE DRCOSTA DRMCCLURE STMCCLURE STCIRCLE DR CHESTNUT STDIETRICH AVEST ANDREWS RDWISCONSIN AVES SOANGETAHA RDLAKE STCOUNTRY ELMS ESTSCROSS STISLE ROYALE RDMADISON STS CHERRY STHIGHLAND AVEWALNUT AVEN ARTHUR AVEN IVAN AVEDUFFIELD AVEBLAINE AVEFULTON STLLOYD STEARMAN DRVETERANS DRN FARNHAM STN SOANGETAHA RDPICKARD RDPARK 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§¨¦74 §¨¦74 §¨¦74 §¨¦74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 November 29, 2021 Proposed Precincts Proposed Wards First Ward Second Ward Third Ward Fourth Ward Fifth Ward Sixth Ward Seventh Ward 0.5 0 0.5 10.25 Miles Proposed Redistricting MapGALESBURG BOARD OF ELECTIONS 1 4,203 137 4,079 2 4,162 96 4,072 3 4,167 101 4,092 4 3,822 -244 4,092 5 3,582 -484 4,029 6 4,233 167 4,059 7 4,294 228 4,040 Ward Current Population Over 4,066 Proposed Population 1 949 2 1,186 3 756 4 477 5 961 6 1,042 7 615 8 1,001 9 981 10 954 11 897 12 640 13 871 14 1,112 15 596 16 1,113 17 1,110 18 902 19 922 20 1,049 Proposed Precinct Registered Voters S HENDERSON STS HENDERSON STN HENDERSON STE LOSEY STN SEMINARY STE SOUTH STS SEMINARY STS BROAD STDAYTON CT W MAIN STN BROAD STN BROAD STE FREMONT ST E KNOX ST E KNOX ST S BROAD STE SOUTH ST W KNOX ST E DAYTON ST E FREMONT ST E FREMONT STW FREMONT ST W FREMONT ST W FREMONT ST W FREMONT ST G R A N D A V E G R A N D A V E W SOUTH ST E DAYTON ST E CARL SANDBURG DR E MAIN ST W MAIN ST S SEMINARY STW MAIN ST W LOSEY ST W LOSEY ST N SEMINARY STN SEMINARY STW DAYTON ST LINCOLN STLINCOLN STW CARL SANDBURG DRW CARLSANDBURG DRDAYTON DR N HENDERSON STN HENDERSON STW MAIN ST W MAIN ST MONM O U T H B L V D MONM O U T H B L V D MONM O U T H B L V D S LINWOOD RDS LINWOOD RDS LINWOOD RDN LINWOOD RDE MAIN ST E M A I N S TN PEARL STN WHITESBORO STW TOMPKINS ST STATE ST E TOMPKINS ST W BERRIEN ST HERITAGE DRLINCOLN PARK DRSODHI AVE LEDF O R D L N BEDI A V E DOUGLASDRPARKVIEW RD CARRINGTONAVEMACHEN DRHARDING STPRESTWICKDRE FIFTH STBICKERDYKE BRGRONA DRORIOLE DRCOTTONWOOD LNTORREY PINES RD MICHIGANAVEDONALD DRPARKPLZMCMASTERS AVE DEE ANN DR MAT T I S O N S T ARCADIA DR GATEWOOD LN ILLINOIS AVEN FARNHAM STRONALD RDVI L L A C T MILLER AVES WHITESBORO STN ELM STWESTPORT RDSHENENDOAHBLVDPUBLIC SQ BECKY RD IOWA C TWINDCAVE RDLOCUST STGARFIELD AVEREDBUD LN ELMORE AVEJ A N I C E L N CEC E L I A D R MEADOWCREST DRLOUI S VI L L E R D MA V I S D RBUCKINGHAMRD S FARNHAM STS FARNHAM STWESLEYE AVE ROBI N CT VICTORIA AVE SALUDA RDKNOX SQUARE DR LAKELAND DR PARK PL EVERGREEN DR CHRISTOPHER DRJEFFERSON STJEFFERSON STRUSSELL AVEPINEHURST RD W E S T P O R T CI R WALNUT STPOST ST BEDNAR AVE LOMBARD STOLIVER ST NEWCOMER DRLAWNDALEDRSMALL ST OLDWARSON CT BELLE VIEW CTFIELD DRCANT E R B U R Y CT HIMWICH RDPROMENADE CT FACT O R Y A V E CENTURY ESTSNATIONAL BLVDPINE TREE LN BRIDLECREEKLNDUVAL AVEGOODSILL CT FAMILY CT SPRUCE AVE INDIANA CT GARDEN LNNORTH MALL DRBLAIR ST IMPERIAL AVEMAREN A D R DOVER LNN WEST STN WEST STDANI E L D R S MORNINGSIDE DRMAPLECTDAHL DRSUNRISEDRRIO STBANDY AVECATHERINE CT CEDAR AVEBENNER AVE LILL IE LN SEMI N O L E D R KINGS CANYON BLVDBRENTWOODAVEE THIRD ST WOODBINE CIR S PICNIC DRGLENWOODAVEWOODBINE CIR EOHIOAVECUSTER AVE GRANT AVE HILLCREST DR TAMARIND DRWOODBINECIR WOREN LNMAYBERRY LNC L A Y D RSUNNYVIEWCT LANCASTERSTW FOURTH ST EASTAVEFRANK ST HANCOCK ST PECK ST HOME BLVD FLAMINGO DR W PROSPECT ST W FIFTH ST CORNELIA RDMARSTON AVEECKLUND CT DUFFEY RD E GROVE ST WEBER RD MARMAC DR BUSHMORE AVE SANDEEPDR SUNNYVIEWDRJOHNSTON ST DIVISION STSWEETBRIAR PLE BERRIEN ST S KELLOGG STADAMS ST JUSTIN DRWINDSOR CTAVENUE ALILAC LNGEORGE AVE OHIO AVEMICHIGAN AVELINNEUS AVEINDIANA AVEMAYTA G D R B A I R D A V E COULT E R A V E PENNSYLVANIAAVEWASHINGTON ST BLUEBIRD DR E BROOKS ST SCOTCH ELM LN SPRING E R R D MAPLE DR OXFORD LN E PROSPECT ST OTTOSON ST HARRISON STWILLIAMS ST LAWRENCE AVEIOWA STBURGLAND AVEDUDLEY ST SWING BLVD W FOURTH ST IOWAAVEHOLLYCREST CIR LIBERTY STWINDISH DRMAIDEN LN S ELM STWOODBINE CIR N S CHERRY STW MARY ST E WATER ST SELDEN ST W SIMMONS ST E GROVE ST W SANBORN ST E BERRIEN ST S WEST STFERRIS PL OSAGE ST S PRAIRIE STN PLEASANT AVECONGER ST FAI R A C R E S D R EDWARDS AVES CEDAR STW THIRD ST AVENUE CW FERRIS ST BRIDGE AVE WALSH AVE FIFER ST ILLINOIS AVE LORAINE DRHULA DR N A L L E N S A V E YATES ST OUTRIGGER RD N STATE ST GREENLEAF ST W WATER ST WASHINGTON AVE W FERRIS ST SPRINGER STE MARION ST W GROVE ST W BERRIEN ST UNION ST BENARD ST PHILLIPS STCYP R E S S L N HARVEY ST BAILEY AVELYMAN STS STATE ST HACKBERRY RD KNOX CAMPUS ERICKSON AVE E NORTH S T E SECOND STHAWKINSON AVEPARK AVE EDGEBROOK DR LANE AVE VIRGINIAAVESUMNER STN CHAMBERS STE FIRST ST CHAMBERLAIN ST RICHWOOD DR W FIFTH ST PARK V I E W CIR IMPERI A L D R AVENUE BABINGDON STHOLTON STTRADEWINDS AVE E DAVIS ST W FIRST ST S KELLOGG STCLAY ST LAUREL AVE MAYO D R W NORTH ST W NORTH ST S CEDAR STS PEARL STSUMMIT ST E SIMMONS ST CHURCHILL AVEW BROOKS ST S ACADEMY STE FERRIS ST WEBSTER STOAK STLOCUST STW WATER STOLIVE STE MARY ST E SANBORN STLAKESIDE CTBROWN AVEMOSHIER AVELOW E R R D ORC H A R D D R INDIANA DRSKINNER ST HIAWATHA LNHARRISON STPINE STPARK LANE AVE HARRISON STSOMERSET DRDIVISI O N ST E FIFTH ST I N D I A N A A V E DUDLEY ST POTAW A T O MI R D E FOU R T H S T CALIFORNIA AVEIRWIN STCENTEL DRKIMMITT DRS CHAMBERS STOTTAWATRLHUSTON ST VALLEY VIEW RD MATHEWS STBATEMAN STW SECOND ST NELSONAVEMCKNIGHT ST N CEDAR STN CEDAR STROCK ISLAND AVEMIDWEST DRACCESS A RDACCESS A RDCHAPPELL AVEBMONROE STMONROE STN PRAIRIE STN PRAIRIE STN KELLOGG STN KELLOGG STN ACADEMY STN ACADEMY STN CHERRY STN CHERRY STKLEIN AVE DANIEL DR NMEADOW LARK DRSUNSET LN CORNELIA CTRANGE RDMAPLE AVEMAPLE AVECLARK STCLARK STCRESTVIEW DRMAR M A C C T RUBY STE FIRST ST E FOURTH ST E SECOND ST CLARK CT SECON D S T E SIXTH AVE R O B E R T S O N A V EW LAKE STOREY RDBATEMAN STWILLARD STBEECHER AVEBEECHER AVEFLORENCE AVEKENWICK DR CAMPBELL AVEMORTON AVECOTTAGE AVEDAY STDAY STS PLEASANTAVECASTLEBURY PLALLENS AVEMULBERRY ST WHITING AVEHAYNOR STS IVAN AVEE THIR D S TWOODY DRLINDSAY LNSHELDON STDEPOT STS CHAMBERS STRHODE ISLAND AVEHAMPTON CTCLARK STWOODLOCK RD HERRI N G A V E E FIRST S TFRANKLIN AVEACCOM M O D A T I O N A V E HUBER AVEH AW T H O R N E C T COURT STWINCHES TER C IR WILLOW L N ELLA ST E NORTH STWESTVIEW DREMERY STSILVER STS ARTHUR AVETOM L W ILSON BLVDARNOLD STVOLUNTEER DRCARDINA L D RPARKWAY CTCOLUMBUS AVEKNOLLCREST DR ARIZONA AVE E FIFTH ST E FIFTH STHACKBERRYCIRPATTERSON DRN LAKE STOREY RD N LAKE STOREY RD FINLEY RDILLINI DRWARREN ST MEADOW DRS LAKE STOREY RD S LAKE STOREY RD LOG CITY TRLLOG CITY TRLLACON ST CARO L D R GALE VILLAGE DRCATHERINE STW FIRST STS TREADWELL DR IOWA AVEMONTAGUE DRCOSTA DRMCCLURE STMCCLURE STCIRCLE DR CHESTNUT STDIETRICH AVEST ANDREWS RDWISCONSIN AVES SOANGETAHA RDLAKE STCOUNTRY ELMS ESTSCROSS STISLE ROYALE RDMADISON STS CHERRY STHIGHLAND AVEWALNUT AVEN ARTHUR AVEN IVAN AVEDUFFIELD AVEBLAINE AVEFULTON STLLOYD STEARMAN DRVETERANS DRN FARNHAM STN SOANGETAHA RDPICKARD RDPARK LANE DRCURLEY DR TR E A D W E L L D R ACCESS J RDACCESS J RDACCESS J RDGOODSILL DRENTERPRISE AVE LAKEVIEW DR W SIXTH ST W FIFTH ST ACCESS B RDACCESS B RDW DAYTON STCOTTONWOOD CTGALE LAKE RDBELTBLVDST M A R Y ' S HO S P I T A L RED OAK L N D A R S T L N KIWANISPARK RDMARIAN DRSILVER STREAK BLVD")9 ")40 ")40 ")10 ")9 ")9 ")9 ")7 ")7 ")1 ")32 ")30 ")30 ")31 ")31 ")25 ")10 ")10 ")10 ")10 ¬«164 ¬«164 ¬«41 ¬«41 £¤150 £¤150 £¤150 £¤150 £¤150 £¤34 £¤34 £¤34 £¤34 £¤34 £¤34 £¤34 £¤34£¤34£¤34 £¤34 £¤34 £¤150 §¨¦74 §¨¦74 §¨¦74 §¨¦74 §¨¦74 161 306 119 44 0 4 346 339 246 80 138 483 591 190 November 29, 2021 Current Wards Proposed Changes From 1 to 7 From 2 to 1 From 2 to 3 From 2 to 4 From 3 to 2 From 4 to 3 From 4 to 6 From 5 to 6 From 6 to 4 From 6 to 5 From 6 to 7 From 7 to 1 From 7 to 5 From 7 to 6 0.5 0 0.5 10.25 Miles Proposed Ward ChangesGALESBURG BOARD OF ELECTIONS FREQUENTLY ASKED QUESTIONS Galesburg Board of Election Commissioners Have legislative and congressional boundary lines been set by the state? Governor Pritzker signed both redistricting maps on November 15, 2021. The County Board District lines were finalized on October 28, 2021. Does each alderperson reside in the same ward as they have in the past? Yes. Each current alderperson resides in the same ward as they have in the past. What are wards based on? State statutes require that wards be based on population, not voters. This is in line with the federal requirement of one person/one vote. Each alderperson represents every person in his or her ward whether they choose to register to vote and vote or not. Each alderperson represents people who can’t vote, such as minors. City Council has the statutory duty for wards as nearly equal, compact and contiguous territory, as practicable. What are the current and proposed ward populations? Current Proposed Ward 1 4,203 4,079 Ward 2 4,162 4,072 Ward 3 4,167 4,092 Ward 4 3,822 4,092 Ward 5 3,582 4,029 Ward 6 4,233 4,059 Ward 7 4,294 4,040 Total 28,463 28,463 What are the precincts based on? State statutes require that precincts are based on registered voters rather than population because one person/one vote is not an issue in precincts. The Board of Election Election Commissioners has the statutory duty to arrange the city into election precincts, each of which shall be situated within a single congressional, legislative and representative district insofar as is practicable and in not more than one County Board district and one municipal ward; in order to situate each precinct within a single district or ward after each 10-year census. What is a “Natural” boundary? “Natural” refers to “nature”. A railroad track is not a natural boundary, just as a street is not a natural boundary. For example, Cedar Fork is natural, but there are numerous bridges so it doesn’t pose a problem. Is the Henry Hill Correctional Center population included in the proposed ward map? Henry Hill population is not included in the proposed ward map. This is based on a 1992 case law review. (Continued on next page) FREQUENTLY ASKED QUESTIONS (continued) Are the Knox County Jail and Mary Davis Home populations included in the proposed ward map? Our General Counsel has advised us to include them. Both facilities have pre-detainees. Is there a deadline? The 2022 Primary Election candidates can begin circulating signature petitions on January 14, 2022. This includes candidates for Congress and Governor. The political parties and candidates will need voter walklists. Walklists can only be provided after redistricting is finalized and the election office has time to administer the changes to the local voter database. If ward and precinct redistricting is finalized at the December 20, 2021 City Council meeting, it is expected that the Galesburg Board of Elections will have enough time to update the local voter database so walklists can be available to candidates by January 14, 2022. Otherwise, candidate contact information will be taken and candidates will be contacted as soon as the walkists become available. Rev. 11/29/21 ____________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER DECEMBER 6, 2021 AGENDA ITEM: A Resolution Transferring Funds from the General Fund to the Library Fund SUMMARY RECOMMENDATION: The City Manager recommends approval of the Resolution. BACKGROUND: The Galesburg Public Library has been awarded a 15.3 million dollar state grant to construct a new public library facility. They are responsible for fundraising 3.75 million dollars in order to complete the project. As part of this fundraising drive, they have requested that the City donate funds to in the amount of $775,000. These funds will be used to purchase and construct technology at the facility. The Galesburg Public Library believes that the new building will offer expanded technological services to residents. Their request indicates that they will make available more public computers, a new computer and technology lab and A/V-equipped rooms that allow for virtual work, interviews and meetings. Additionally, they intend to have high speed wireless internet access available for public use within the footprint of the property, allowing 24/7 accessibility for individuals without reliable internet access. BUDGET IMPACT: Sufficient funding is available in the General Fund for this transfer. SUPPORTING DOCUMENTS: 1. Resolution 2. Donation Request from Galesburg Public Library 21-2037 RESOLUTION NO. _________________ A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE LIBRARY FUND WHEREAS, the City of Galesburg, Illinois, is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the Galesburg Public Library has secured significant state funds to assist in the construction of a new library facility; and WHEREAS, this new facility will provide enhanced opportunities for residents to learn, meet and collaborate; and WHEREAS, the City Council finds that the construction of a new library facility is in the best interests of the citizens of Galesburg. NOT, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS: SECTION ONE: The foregoing recitals are hereby incorporated into this Resolution as is fully set forth herein. SECTION TWO: That City staff shall transfer the amount of $775,000.00 (Seven hundred, seventy five thousand dollars) from the General Fund to the Library Fund. These funds are restricted to use for technology at the new library facility and the Galesburg Public Library shall provide City staff with any and all necessary documentation to verify that the funds are used for this purpose. Approved this ______day of ____________________, 2021, by roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ ______________________________________________________________________________ Nays: ________________________________________________________________________ ______________________________________________________________________________ Absent: _______________________________________________________________________ Abstain: _____________________________________________________________________ _________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER DECEMBER 6, 2021 AGENDA ITEM: A Resolution Regarding Enforcement of Chapter 97 of the Galesburg City Code SUMMARY RECOMMENDATION: A Resolution establishing a moratorium on enforcement of Chapter 97 against homeowners who install landscaping or other items in their terrace is presented at the request of members of the Council. BACKGROUND: The terrace or parkway is the area of land located on a property between the street and the sidewalk. This area is part of the right of way that is owned by the City. Homeowners must maintain this area but cannot encroach or obstruct the area pursuant to Chapter 97 of the Galesburg City Code. This Resolution places a 180 day moratorium on enforcement against a homeowner whose landscaping or decorative activities violate Chapter 97. There is an exception to this moratorium in the event that the City Manager determines that these activities present a safety hazard. The City Manager will notify the Council in the event that utilizing this exception is necessary. BUDGET IMPACT: No material impact. SUPPORTING DOCUMENTS: 1. Resolution 21-2038 RESOLUTION NO. _________________ A RESOLUTION REGARDING ENFORCEMENT OF CHAPTER 97 OF THE GALESBURG CITY CODE WHEREAS, the City of Galesburg, Illinois, is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, pursuant to the Galesburg City Code, private landscaping in the City terrace is regulated by City staff; and WHEREAS, the City Council wishes to place a moratorium on enforcement of these regulations as long as the landscaping does not create a public safety issue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS: SECTION ONE: The foregoing recitals are hereby incorporated into this Resolution as is fully set forth herein. SECTION TWO: A moratorium on enforcement of Chapter 97 of the Galesburg City Code against a homeowner who installs landscaping or other items in their terrace is hereby established and shall remain in effect for a period of 180 days following the passage and approval of this Resolution. In the event that the City Manager determines that any landscaping or object placed in the terrace presents a safety hazard, City staff may take enforcement action under Chapter 97, the Galesburg City Code, or state law. SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval. Approved this ______day of ____________________, 2021, by roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ ______________________________________________________________________________ Nays: ________________________________________________________________________ ______________________________________________________________________________ Absent: _______________________________________________________________________ Abstain: ______________________________________________________________________ _________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER DECEMBER 6, 2021 AGENDA ITEM: A Resolution Directing Rental Assistance Funds to the Knox County Housing Authority SUMMARY RECOMMENDATION: The City Manager recommends approval of the Resolution directing rental assistance funds to the Knox County Housing Authority. BACKGROUND: The Knox County Housing Authority (“KCHA”) provides low cost, subsidized rental housing to residents of the City of Galesburg. They have requested that the City and the County assist with past due rent in order to avoid eviction of 162 families in Galesburg. The total amount of rental arrears outlined for City families in early November was $110,097,071. This amount changes regularly due to assistance from other organizations and new rent cycles. Use of funds from the American Rescue Plan Act (ARPA) is authorized for eviction prevention or housing stability services necessitated by COVID 19. On November 24th, the Knox County Board approved a resolution directing up to $125,000 towards this rental assistance program from their ARPA funds. It is intended that the City’s contribution not to exceed $60,000 would reduce the amount that the County would contribute to KCHA. The exact amount of the City contribution would be determined amongst the City, County and KCHA in the next few weeks. BUDGET IMPACT: Sufficient funding is available from the American Rescue Plan Act funds. SUPPORTING DOCUMENTS: 1. Resolution 2. Intergovernmental Agreement 3.Letter from KCHA 21-2039 RESOLUTION NO. _________________ A RESOLUTION DIRECTING RENTAL ASSISTANCE FUNDS TO THE KNOX COUNTY HOUSING AUTHORITY WHEREAS, the City of Galesburg, Illinois, is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. enable governmental units to enter into agreements among themselves and provide authority for intergovernmental cooperation; and WHEREAS, eviction prevention efforts or housing stability services are eligible uses of the American Rescue Plan Act, State and Local Fiscal Recovery Funds by the City of Galesburg; and WHEREAS, the Knox County Housing Authority provides low cost, subsidized rental housing to residents of the City of Galesburg; and WHEREAS, the Knox County Housing Authority reports that up to 162 economically challenged families, risk homelessness due to pending court ordered evictions for nonpayment of rent accumulated during the COVID related eviction moratoria WHEREAS, the City Council finds that execution of an Intergovernmental Agreement to provide rental assistance funds to the Knox County Housing Authority is in the best interests of the health, safety and welfare of the residents of the City of Galesburg. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GALESBURG, ILLINOIS: SECTION ONE: The foregoing recitals are hereby incorporated into this Resolution as is fully set forth herein. SECTION TWO: That the Mayor and City Clerk are directed to execute an Intergovernmental Agreement providing up to $60,000 to the Knox County Housing Authority for rental assistance, a copy of which is attached as Exhibit A to this Agreement. Approved this ______day of ____________________, 2021, by roll call vote as follows: Roll Call #: Ayes: ________________________________________________________________________ ______________________________________________________________________________ Nays: ________________________________________________________________________ ______________________________________________________________________________ Absent: _______________________________________________________________________ Abstain:_______________________________________________________________________ _________________________________ Peter Schwartzman, Mayor ATTEST: ___________________________________ Kelli R. Bennewitz, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEE THE CITY OF GALESBURG AND THE KNOX COUNTY HOUSING AUTHORITY THIS AGREEMENT is entered into by and between the City of Galesburg (“City”), an Illinois home rule municipal corporation and the Knox County Housing Authority (“KCHA”), an Illinois municipal corporation. WHEREAS, the City of Galesburg, Illinois, is a home rule unit of government pursuant to Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit authority to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. enable governmental units to enter into agreements among themselves and provide authority for intergovernmental cooperation; and WHEREAS, eviction prevention efforts or housing stability services are eligible uses of the American Rescue Plan Act, State and Local Fiscal Recovery Funds by the City of Galesburg; and WHEREAS, the Knox County Housing Authority provides low cost, subsidized rental housing to residents of the City of Galesburg; and WHEREAS, the Knox County Housing Authority reports that up to 162 economically challenged families, risk homelessness due to pending court ordered evictions for nonpayment of rent accumulated during the COVID related eviction moratoria WHEREAS, City and KCHA wish to enter into an agreement to stabilize housing for these families and avoid eviction. NOW THEREFORE, the City of Galesburg and KCHA agree to the following: 1. The City of Galesburg authorizes up to $60,000 of the American Rescue Plan Act, State and Local Fiscal Recovery Funds as payment to the Knox County Housing Authority for rent in arrears for families negatively impacted by the COVID 19 pandemic. 2. These funds shall be used for actual rent in arrears and shall not be used for penalty charges, legal expenses or any other expense not directly attributed as rent in arrears. 3. Payments made on behalf of households for rent arrears are conditioned upon the party responsible for past due rent payments entering into an agreement with the Knox County Housing Authority that the responsible party shall: a. Have paid the current month’s rent payment in full. b. Enroll in and complete a budgeting class provided by KCHA within a reasonable period. 4. KCHA shall establish and maintain records of households and beneficiaries that receive this assistance that include names, address, amount in arrears, and the amount resolved through use of these funds. 5. KCHA shall provide to the City of Galesburg, the State of Illinois, or the federal government any and all information required for periodic reporting and/or audit. 6. In the event that the City finds that any of the funds have not been used by KCHA in compliance with this Agreement, KCHA shall refund to the City any non-compliant funds within thirty (30) days of a written request. 7. KCHA shall provide the documentation required by Sections 3 and 4 of this Agreement, within 90 days of execution of this Agreement. The obligations contained in Section 3 through Section 6 of this Agreement shall survive the expiration of this Agreement. 8. This Agreement shall become effective upon execution of this Agreement by the Mayor of the City of Galesburg and the Executive Director of the Knox County Housing Authority. 9. This Agreement is governed by and shall be construed in accordance with the laws of the State of Illinois. 10. No amendment, waiver, or modification of any term or condition of this Agreement shall be binding or effective for any purpose unless expressed in writing and adopted by each of the Parties as required by law. 11. This Agreement expresses the complete and final understanding of the Parties with respect to the subject matter as of the date of its execution. All parties acknowledge that no representations have been made which have not been set forth herein. 12. The undersigned represent that they have the authority of their respective governing authorities to execute this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on _____________, 2021. CITY OF GALESBURG KNOX COUNTY HOUSING AUTHORITY ________________________________ ____________________________________ Mayor – City of Galesburg KCHA Executive Director Date: _______________________ Date: _____________________________ ________________________________ Attest: City Clerk Wednesday, November 10, 2021 10:35 AM American Rescue Plan Act (ARPA) Task Force City of Galesburg, IL Knox County, IL To Whom It May Concern: On behalf of the low-income population of the Knox County Housing Authority, I am writing today to request funding to satisfy dwelling rental charges for 159 families facing eviction. Even as the American economy continues its recovery from the devastating impact of the pandemic, these families face deep rental debt and fear evictions and the loss of basic housing security. COVID-19 has worsened an affordable housing crisis that predates the pandemic and that has exacerbated deep disparities that threaten the strength of an economic recovery that must work for everyone. Right now, our housing system rarely protects those of us who are vulnerable to losing our homes. We’ve seen over the last year that the most vulnerable families have been impacted the worst. Now more than ever its evident our families need a safe and stable place to call home. The American Rescue Plan Act makes funding available to assist households that are unable to pay rent or utilities. Enacted on 12/27/2021, ARPA makes available up to $21.55 billion to provide assistance through existing or newly created rental assistance programs to households at risk of eviction. We have before us an opportunity to help achieve this by investing ARPA funds in local housing infrastructure. As discussed at the 10/25/2021 meeting of the ARPA Task Force, the KCHA has a number of families that are impacted. As of the date of this request, 162 families served by the KCHA – including 206 adults and 169 children – are facing eviction due to nonpayment of rent during the COVID-19 pandemic. If these households don’t receive immediate assistance, 387 individuals face housing instability or outright homelessness at a most dangerous time. With local resources already stretched incredibly thin, we could be on the precipice of unprecedented homelessness in our jurisdiction. The blunt truth of the matter is these families either had the ability to pay rent during this time, or failed to communicate economic hardships to the agency which would have resulted in their rents having been adjusted. To put it simply, fault and accountability for these rental arrears rests with the participant families. During the 10/25/2021 meeting, Kim Sibley (KCHA Participant Engagement Manager) advised the task force on the cultural and socioeconomic challenges faced by our families. To paraphrase that discussion, the families we serve have a different perspective than you or I, and its that perspective which has led them down a path of poor decisions and choices. Lomac Payton, Chairperson Jared Hawkinson, Vice Chairperson Wayne Allen, Commissioner Paul H. Stewart, Commissioner LaToya Carson, Commissioner Sara Robison, Commissioner Joseph Riley, Commissioner Derek Antoine, Exec. Director, Secretary Jack P. Ball, Attorney 216 W. Simmons St., Galesburg, IL 61401 Telephone (309) 342-8129 ext. 1223 Fax (309) 342-7206 Email: dantoine@knoxhousing.org The Department of Housing and Urban Development (HUD) has been exceptionally flexible during this difficult time and has encouraged public housing authorities to work with families on the collection of this debt, including the use of repayment agreements. It is our intention to do this as best we can to ensure they have every opportunity to remain housed, now and in the future. Unfortunately, tenants facing this steep of an uphill battle historically fail to make sustained payments and are subsequently evicted as a result. Our number one priority is to keep these families safely housed. It is with all this in mind that we respectfully request is $114,714, which will be sufficient to bring all tenant accounts facing eviction current and will stave off impending court action. Regrettably, HUD does not offer any amnesty or debt forgiveness programs, and without this funding from ARPA, it is likely a large number of these families – adults and children – will be evicted within the next 60 days. As a condition of accepting this funding, the Knox County Housing Authority will work with affected families to attend budgeting and financial counseling sessions to help them better understand the impact of poor financial and budgeting decisions. Families will first be required to make current rent payments and will then qualify to receive full eligibility towards their arrears based on attendance at the counseling sessions. Additionally, we will look to involve these families at a future City Council/County Board meeting to express appreciation for your generosity, as well as understand the impact of their decisions on the community. Further, as an agency we are open to other suggestions the task force feels would benefit our families. American Rescue Plan Act funding is intended to be used by states and local governments to help families that have been negatively impacted by the pandemic. This request falls squarely within that description. You all are in the fortunate position to take necessary steps to mitigate the financial harm caused to these local families by the pandemic and keep them safely housed as the we continue to navigate COVID-19. Thank you for your consideration. Should you require further information, please do not hesitate to contact me. Respectfully submitted, Derek Antoine Executive Director Knox County Housing Authority ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by TDM Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Approve bid for replacement of six existing ductless air conditioning units at Lakeside Waterpark. SUMMARY RECOMMENDATION: The City Manager, Director of Parks & Recreation, Parks Superintendent, and Purchasing Agent recommend approving the proposal from AMP Mechanical Services Inc. to replace the existing six ductless air conditioning units in the amount of $25,408.00 BACKGROUND: Five of the six ductless air conditioning units at Lakeside Waterpark are failing and in need of replacement. One unit is currently deemed inoperable. The units have survived beyond their useful life and are now to a point that replacements are necessary. The bid request was advertised in local paper and made available on the City website for vendors to view. Two bids were received for this work. City staff have reviewed the bids submitted and find the costs submitted for this project are reasonable based on the requirements. AMP Mechanical Services Inc. submitted the low and best bid while meeting all specifications required for this project. Bid Tabulation for Replacement of Ductless AC Units at Lakeside Waterpark BUDGET IMPACT: This project will be paid for with funds from the Building Repair & Maintenance Fund. SUPPORTING DOCUMENTS: None Vendor JP Benbow AMP Mechanical Services Inc City, State Galesburg, IL Galesburg, IL Total $27,991.00 $25,408.00 21-3024 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: TOE Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG NOVEMBER 15, 2021 AGENDA ITEM: Approval of Farnsworth Group, Inc. contract for preliminary architectural/engineering work to provide an estimated cost to renovate Churchill Junior High School. SUMMARY RECOMMENDATION: The City Manager and Director of Parks & Recreation recommend that the City Council approve the contract with Farnsworth Group, Inc. for architectural/engineering work to provide an estimated cost of renovating Churchill Junior High School. BACKGROUND: School District 205 has made the decision to close Churchill Junior High School when the 2021-2022 school year has ended. The District has offered Churchill Junior High School and adjacent property to the City for the anticipated sale amount of $1. As Churchill Junior High School is decades old, staff believes having an architect/engineer estimate the cost of renovating the building prudent before making a decision on whether or not to purchase the building. BUDGET IMPACT: The proposal by Farnsworth Group, Inc. is not to exceed $15,900. This project would be paid out of the General Fund. SUPPORTING DOCUMENTS: 1. Farnsworth Group, Inc. Contract 21-4108 October 25, 2021 Tony Oligney-Estill Director of Parks and Recreation City of Galesburg 55 West Tompkins Street PO Box 1387 Galesburg, IL 61401 RE: Project Services Agreement for Churchill Junior HS Building Assessment Dear Bill: Farnsworth Group, Inc. (“Farnsworth Group”) is pleased to present this Project Services Agreement (“Agreement”) to City of Galesburg (“Client”) to provide Architectural design services for the Churchill Junior HS Building Assessment located in Galesburg, Illinois. We have prepared this Project Services Agreement to match the scope of the work as we understand it in the attached proposal. Thank you again for the opportunity to provide you with this Project Services Agreement. Should you have any questions regarding this Project Services Agreement, we would be pleased to discuss. Please indicate your acceptance of this Agreement including the attached Schedule of Charges and General Conditions by signing and returning one copy for our records. We look forward to working with you on this exciting project. Sincerely, FARNSWORTH GROUP, INC. PROJECT SERVICES AGREEMENT Churchill Junior HS Building Assessment City of Galesburg October 25, 2021 Churchill Junior HS Building Assessment FARNSWORTH GROUP / 1 PROJECT OVERVIEW / Farnsworth Group understands that this project is to assess the Churchill Junior High School located at 905 Maple Avenue in Galesburg, IL. Services to be provided include Architectural, Mechanical, Electrical, and Plumbing/Fire Protection. This phase of the project consists of visiting the site to observe general condition of existing systems, assessing said systems, and providing a narrative of our findings. Approximate Opinions of Probable Cost will be provided to give the City of Galesburg better insight on potential concerns and resulting corrections. SCOPE OF PROFESSIONAL SERVICES / SCOPE OF WORK Farnsworth Group’s proposal includes the following scope of services based on all applicable Building Code Requirements for the City of Galesburg and the State of Illinois: · General o Provide general overview/description of building · Architectural o Perform one (1) site visit to verify existing conditions o Perform a cursory code study of the building, as it relates to governing codes of the City of Galesburg (including, but not limited to 2012 International Building Code and ADA) o Provide brief narrative of findings and identify areas of potential concern o Provide approximate Opinion of Probable Costs for building assemblies/systems · Plumbing / Fire Protection o Perform one (1) site visit to verify existing conditions o Observe general condition of existing plumbing and fire protection systems – Water service, water heaters, and sprinklers o Provide brief narrative of findings and identify areas of potential concern o Provide approximate Opinion of Probable Costs for building assemblies/systems · Mechanical o Perform one (1) site visit to verify existing conditions o Observe general condition of existing mechanical systems – HVAC equipment o Provide brief narrative of findings and identify areas of potential concern o Provide approximate Opinion of Probable Costs for building assemblies/systems · Electrical o Perform one (1) site visit to verify existing conditions o Observe general condition of existing electrical systems – Electrical service, power distribution, and fire alarm o Provide brief narrative of findings and identify areas of potential concern o Provide approximate Opinion of Probable Costs for building assemblies/systems Churchill Junior HS Building Assessment FARNSWORTH GROUP / 2 DELIVERABLES The scope of work includes the deliverables generally described as follows: · Building Assessment Report MAIN POINT OF CONTACT / The Main Point of Contact with Farnsworth Group for this project will be: Bond S. Wagner, AIA, NCARB Farnsworth Group, Inc. 100 Walnut Street, Ste. 200 Peoria, IL 61602 309.689.9888 bwagner@f-w.com PROFESSIONAL FEES / Farnsworth Group proposes to provide the described services for a Time & Materials (T&M) Not to Exceed (NTE) fee, based on an hourly basis per the attached Schedule of Charges, of $15,900 (Fifteen Thousand and Nine Hundred dollars), plus normal reimbursable expenses. Additional details regarding payment terms and related policies are included in the attached General Conditions. If the cost of the project increases significantly after the contract is executed, the fee may be adjusted at that time with consent of the Client. PROJECT TIMELINE / We understand the timeline of the project to be as follows: · Building Assessment Report November 15, 2021 ASSUMPTIONS AND CLARIFICATIONS / The following assumptions and clarifications support the fees for this proposal. A. General 1. The number of meetings, site visits or travel included in this proposal are mentioned in the scope of services section. Additional meetings, site visits or travel may be requested on an hourly basis. 2. Dimensioned floor plans, elevations, etc. are not included in the scope of work. 3. Detailed, line-item-estimate of costs are not included in the scope of work – Approximate Churchill Junior HS Building Assessment FARNSWORTH GROUP / 3 opinions of probable cost are included. 4. Schedule relies on timely receipt of information from the Owner, if needed. 5. Readily available access to the project site will be provided, if needed. 6. Construction testing. Customarily, this service is provided by the Owner and coordinated/requested by a Contractor. 7. Interior finish design, color selections, furniture, fixtures and equipment (FFE), etc. 8. Preparation of drawings for the intent of submitted to the City for permitting/construction – This may be provided in a following phase. 9. Revisions caused by Client, Tenants, Authority Having Jurisdiction (AHJ), other governmental review agencies or any other entity that causes work already performed to be revised is excluded. 10. Hazardous Materials abatement services included by not limited to inspections, bulk sampling, testing, analysis, reports and design as required for any contaminated materials identified and required for removal. 11. Note: Due to the height of some interior spaces, the observation of some systems (i.e. roof structure, etc.) may be performed as allowed on a visual basis only. ADDITIONAL SERVICES / The following services are not included in the fees for this proposal, but may be relevant to the project and can be provided at your request for an additional fee: · Multiple revisions and changes of scope both during and after each phase of service. · Preparation of plans or specifications not specifically defined by this agreement. · Bidding or Construction Administration services. · Value Engineering exercises. · Other disciplines not specifically stated above (i.e. Civil, Structural, Interior Design, etc.). · Attendance at additional meetings or site visits requested by the CLIENT · Assistance with special inspections. · Architectural Renderings or special presentation graphics. CLIENT RESPONSIBILITIES / The following services or items are required to be provided by you in order to allow Farnsworth to complete the scope of services outlined above. · Ready accessibility to the building. · Payment of any application fees, recording costs, and other fees that could be associated in the scope of the project. Churchill Junior HS Building Assessment FARNSWORTH GROUP / 4 AGREEMENT / FARNSWORTH GROUP, INC. CITY OF GALESBURG Signature Signature Typed Name Typed Name Title Title Date Date General Conditions / Rev. Feb.2020 GENERAL CONDITIONS Standard of Care: Services performed by Farnsworth Group under the Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other representation expressed or implied, and no warranty or guarantee, is included or intended in the Agreement, or in any report, opinion, document, or otherwise. Entire Agreement: These General Conditions and the signed document to which they are attached constitute the entire Agreement between Client and Farnsworth Group and are referred to hereinafter collectively as the "Agreement". The Agreement supersedes all prior communications, understandings and agreements, whether written or oral. Both parties have participated fully in the preparation and revision of the Agreement, and each party and its counsel have reviewed the final document. Any rule of contract construction regarding ambiguities being construed against the drafting party shall not apply in the interpreting of the Agreement, including any Section Headings or Captions. Precedence: All purchases of Services are expressly limited to and conditioned upon acceptance of this Agreement The Agreement shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding Farnsworth Group’s services. Any additional or conflicting terms or conditions contained in any purchase order, statement of work, or other document issued by Client will not be binding upon Farnsworth Group and are expressly rejected by Farnsworth Group. Fee Schedule: Where lump sum fees have been agreed to between the parties, they shall be so designated in the signed document attached hereto and by reference made a part hereof. Where fees are based upon hourly charges for services and costs incurred by Farnsworth Group, they shall be based upon the hourly fee schedule annually adopted by Farnsworth Group, as more fully set forth in a Schedule of Charges attached hereto and by reference made a part hereof. Farnsworth Group. Such fees in the initial year of the Agreement shall be those represented by said Schedule of Charges, and these fees will annually change at the beginning of each calendar year after the date of the Agreement. Opinions of Cost: Farnsworth Group's opinions of probable Project cost or construction cost for the Project will be based solely upon its own experience with construction. Since Farnsworth Group has no control over the cost of labor, materials or equipment, or over a contractor's method of determining prices, or over competitive bidding or market conditions, Farnsworth Group cannot and does not guarantee that proposals, bids, or the construction cost will not vary from its opinions of probable cost. If Client wishes greater assurance as to the construction cost, Client should employ an independent cost estimator. Invoices: Client will pay Farnsworth Group the fees set forth in the Agreement (the "Fees"). Charges for services will be billed at least as frequently as monthly, and at the completion of Project. Client shall compensate Farnsworth Group for any sales or value added taxes which apply to the services rendered under the Agreement or any amendment thereto. Client shall reimburse Farnsworth Group for the amount of such taxes in addition to the compensation due for services. Payment of invoices shall not be subject to any discounts or set-offs by Client unless agreed to in writing by Farnsworth Group. Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. Amounts outstanding more than thirty (30) days will accrue interest at the rate of 1.5% per month (compounded), or if lower, the maximum rate permitted by applicable law. Should a past due amount exceed sixty (60) days, Farnsworth Group shall have the right to suspend all Services, without liability of any kind to Client, until full payment is received. All time spent and expenses incurred (including attorney’s fees) in connection with collection of any delinquent amount will be paid by Client to Farnsworth Group per Farnsworth Group’s then current Schedule of Charges. Client will reimburse Farnsworth Group at the rate of cost plus 10% for reasonable meals and travel expenses incurred in connection with travel requested by Client outside the metropolitan area in which the individual employee or contractor of Farnsworth Group normally works. Confidentiality: Each party shall retain as confidential all information and data furnished to it by the other party which are designated in writing by such other party as confidential at the time of transmission and are obtained or acquired by the receiving party in connection with the Agreement, and said party shall not reveal such information to any third party. However, nothing herein is meant to preclude either disclosing and/or otherwise using information (i) when the information is actually known to the receiving party before being obtained or derived from the transmitting party; or (ii) when the information is generally available to the public without the receiving party's fault at any time before or after it is acquired from the transmitting party; or (iii) where the information is obtained or acquired in good faith at any time by the receiving party from a third party who has the same in good faith and who is not under any obligation to the transmitting party in respect thereof; or (iv) is required by law or court order to be disclosed. Compliance with Law: In the performance of services to be provided hereunder, Farnsworth Group and Client agree to comply with applicable federal, state, and local laws and ordinances and applicable lawful governmental or quasi- governmental order, rules, and regulations. Modification to the Agreement: Client or Farnsworth Group may, from time to time, request modifications or changes in the scope of services to be performed hereunder. Such changes, including any increase or decrease in the amount of Farnsworth Group’s compensation, to which Client and Farnsworth Group mutually agree shall be incorporated in the Agreement by a written amendment to the Agreement. Notice: All notices required or permitted under this Agreement must be written and will be deemed given and received (a) if by personal delivery, on the date of such delivery, (b) if by electronic mail, on the transmission date if sent before 4:00 pm U.S. central time on a business day or, in any other case, on the next business day, (c) if by nationally recognized overnight courier, on the next business day following deposit for next business day delivery, or (d) if by certified mail, return receipt requested with postage prepaid, on the third business day following deposit. Notice must be addressed at the address or electronic mail address shown below for, or such other address as may be designated by notice by such Party: If to Client: [Company Entity] Attn: _____________________ __________________________ __________________________ E-mail: ____________________ Date: October 25, 2021 Client: City of Galesburg Project: Churchill Junior HS Building Assessment General Conditions / Rev. Feb.2020 If to Farnsworth Group: Farnsworth Group, Inc. Attn: _____________________ __________________________ __________________________ E-mail: ____________________ With a copy (which will not constitute notice) to: Farnsworth Group, Inc. Attn: Chris Grgurich 100 Walnut Street, Suite 200 Peoria, IL 61602 E-mail: cgrgurich@F-W.com Facsimile; PDF Signatures. Execution and delivery of this Agreement by delivery of a facsimile or portable document format ("PDF") copy bearing the facsimile or PDF signature of any party hereto shall constitute a valid and binding execution and delivery of this Agreement by such party. Such facsimile and PDF copies shall constitute enforceable original documents. Force Majeure: Obligations of either party under the Agreement, other than payment obligations, shall be suspended, and such party shall not be liable for damages or other remedies while such party is prevented from complying herewith, in whole or in part, due to contingencies beyond its reasonable control, including, but not limited to strikes, riots, war, fire, acts of God, injunction, compliance with any law, regulation, or order, whether valid or invalid, of the United States of America or any other governmental body or any instrumentality thereof, whether now existing or hereafter created, inability to secure materials or obtain necessary permits, provided, however, the party so prevented from complying with its obligations hereunder shall promptly notify the other party thereof. Assignment: Client shall not transfer or assign any rights under or interest in the Agreement, without the written consent of Farnsworth Group. Dispute Resolution: In an effort to resolve any conflicts that arise during the performance of professional services for the Project or following completion of the Project, Client and Farnsworth Group agree that all disputes shall first be negotiated between senior officers of Client and Farnsworth Group for up to thirty (30) days before being submitted to mediation. In the event negotiation and mediation are not successful, either Client or Farnsworth Group may seek a resolution in any state or federal court that has the required jurisdiction within 180 days of the conclusion of mediation. Timeliness of Performance: Farnsworth Group will begin work under the Agreement upon receipt of a fully executed copy of the Agreement. Client and Farnsworth Group are aware that many factors outside Farnsworth Group’s control may affect its ability to complete the services to be provided under the Agreement. Farnsworth Group will perform these services with reasonable diligence and expediency consistent with sound professional practices. Suspension: Client or Farnsworth Group may suspend all or a portion of the work under the Agreement by notifying the other party in writing if unforeseen circumstances beyond control of Client or Farnsworth Group make normal progress of the work impossible. Farnsworth Group may suspend work in the event Client does not pay invoices when due, and Farnsworth Group shall have no liability whatsoever to Client, and Client agrees to make no claim for any delay or damage as a result of such suspension. The time for completion of the work shall be extended by the number of days work is suspended. If the period of suspension exceeds ninety (90) days, Farnsworth Group shall be entitled to an equitable adjustment in compensation for start-up, accounting and management expenses. Termination: If either party defaults in performing any of the terms or provisions of the Agreement, and continues in default for a period of fifteen (15) days after written notice thereof, the party not in default shall have the right to immediately terminate the Agreement. The non-defaulting party shall be entitled to all remedies under < Illinois or Colorado > law at the time of breach, including, without limitation, the right to recover as an element of its damages, reasonable attorney's fees and court costs. Reuse of Documents: All documents including reports, drawings, specifications, and electronic media prepared by Farnsworth Group and/or any subconsultant pursuant to the Agreement are instruments of its services for use solely with respect to this Project. Farnsworth Group and/or any subconsultant shall be deemed the authors and Clients of their respective instruments of service and shall retain all common law, statutory and other reserved rights, including copyrights. They are not intended or represented to be suitable for reuse by Client or others on extensions of the Project or on any other project. Any reuse without specific written verification or adaptation by Farnsworth Group will be at Client’s sole risk, and without liability to Farnsworth Group, and Client shall indemnify and hold harmless Farnsworth Group or any subconsultant from all claims, damages, losses and expenses including court costs and attorney’s fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Farnsworth Group to further compensation at rates to be agreed upon by Client and Farnsworth Group. Subcontracting: Farnsworth Group shall have the right to subcontract any part of the services and duties hereunder without the consent of Client. Third Party Beneficiaries: Nothing contained in the Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Client or Farnsworth Group, except as expressly provided herein. Farnsworth Group’s services under the Agreement are being performed solely for Client’s benefit, and no other party or entity shall have any claim against Farnsworth Group because of the Agreement; or the performance or nonperformance of services hereunder; or reliance upon any report or document prepared hereunder. Neither Farnsworth Group nor Client shall have any obligation to indemnify each other from third party claims, except as expressly provided herein. Client and Farnsworth Group agree to require a similar provision in all contracts with construction contractors and subconsultants, vendors, and other entities involved in the Project to carry out the intent of this provision. Right of Entry: Client shall provide for Farnsworth Group's and/or any subconsultant’s right to enter property owned by Client and/or others in order for Farnsworth Group and/or any subconsultant to fulfill the scope of services for this Project. Client understands that use of exploration equipment may unavoidably cause some damage, the correction of which is not part of the Agreement unless explicitly so provided. Recognition of Risk: Client acknowledges and accepts the risk that: (1) data on site conditions such as geological, geotechnical, ground water and other substances and materials, can vary from those encountered at the times and locations where such data were obtained, and that this limitation on the available data can cause uncertainty with respect to the interpretation of conditions at Client’s site; and (2) although necessary to perform the Agreement, commonly used exploration methods (e.g., drilling, borings or trench excavating) involve an inherent risk of contamination of previously uncontaminated soils and waters. Farnsworth Group’s and/or any subconsultant’s application of its present judgment will be subject to factors outlined in (1) and (2) above. Client waives any claim against Farnsworth Group and/or any subconsultant, and agrees to indemnify and hold Farnsworth Group and/or any subconsultant harmless from any claim or liability for injury or loss which may arise as a result of alleged contamination caused by any site exploration. Client further agrees to compensate Farnsworth Group and/or any subconsultant for any time spent or expenses incurred by Farnsworth Group and/or any subconsultant in defense of any such claim, in accordance with Farnsworth Group's and/or any subconsultant’s prevailing fee schedule and expense reimbursement policy. Authority and Responsibility: Client agrees that Farnsworth Group and any subconsultant shall not guarantee the work of any construction contractor or construction subconsultant, shall have no authority to stop work, shall have no supervision or control as to the work or persons doing the work, shall not have charge of the work, shall not be responsible for safety in, on, or about the job site, or have any control of the safety or adequacy of any equipment, building component, scaffolding, supports, forms, or other work aids. Electronic Files Transfer. (a) Farnsworth Group may prepare electronic files which contain machine- readable information or certain information for a project ("Project Files"). Client may request Project Files to facilitate Client's understanding of the project. The Parties recognize that the Project Files are subject to alteration, either intentionally or unintentionally, due to, among other causes, transmission, conversion, media degradation, software error or human error. The Parties further understand that the transfer of Project Files from the system and format used by Farnsworth Group to an alternate system or format cannot be accomplished without the introduction of anomalies and/or errors. General Conditions / Rev. Feb.2020 (b) Upon request, Farnsworth Group will supply Project Files to Client upon the express terms and conditions set forth herein: (i) The Project Files may not be used for any purpose not related specifically to the Client's project. Use of these files for development of other projects; additions to the project, or duplication of the project at any location is expressly prohibited. (ii) The Project Files are provided for information purposes only and are not intended as an end product. The Project Files may be a work in process, and Farnsworth Group is under no obligation to provide Client with any updated version(s) of the Project Files. (iii) Client acknowledges and understands that the Project Files may not reflect all data contained in the contract documents, addenda, or other pertinent contract-related documents. Client acknowledges and understands that the Project Files may contain data which is not included in the contract documents. (c) BIM Digital Files. With regard to the transfer of Building Information Model (BIM) digital files, both Parties agree as follows: (i) Farnsworth Group will provide only those BIM files created for Client's project. There is no representation the BIM files are comprehensive or comprise a complete model of the building. (ii) The level of development of the model will be defined consistent with AIA Document G202-2013, as agreed by the parties. After reviewing and verifying the accuracy of the information contained within Farnsworth Group's BIM files, Client is authorized to develop its own model to a higher level of development for its own uses, but, in doing so, expressly agrees to assume all risks associated therewith. Utilities: Client shall be responsible for designating the location of all utility lines and subterranean structures within the property line of the Project. Client agrees to waive any claim against Farnsworth Group and/or any subconsultant, and to indemnify and hold harmless from any claim or liability for injury or loss arising from Farnsworth Group and/or any subconsultant or other persons encountering utilities or other man-made objects that were not called to Farnsworth Group's attention or which were not properly located on documents furnished to Farnsworth Group. Client further agrees to compensate Farnsworth Group and/or any subconsultant for any time spent or expenses incurred by Farnsworth Group and/or any subconsultant in defense of any such claim, in accordance with Farnsworth Group's and/or any subconsultant’s prevailing fee schedule and expense reimbursement policy. Samples: All samples of any type (soil, rock, water, manufactured materials, biological, etc.) will be discarded sixty (60) days after submittal of Project deliverables. Upon Client’s authorization, samples will be either delivered in accordance with Client’s instructions or stored for an agreed charge. Discovery of Unanticipated Hazardous Substances or Pollutants: Hazardous substances are those so defined by prevailing Federal, State, or Local laws. Pollutants mean any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acids, alkalies, chemicals and waste. Hazardous substances or pollutants may exist at a site where they would not reasonably be expected to be present. Client and Farnsworth Group and/or any subconsultant agree that the discovery of unanticipated hazardous substances or pollutants constitutes a “changed condition” mandating a renegotiation of the scope of services or termination of services. Client and Farnsworth Group and/or any subconsultant also agree that the discovery of unanticipated hazardous substances or pollutants will make it necessary for Farnsworth Group and/or any subconsultant to take immediate measures to protect human health and safety, and/or the environment. Farnsworth Group and/or any subconsultant agree to notify Client as soon as possible if unanticipated known or suspected hazardous substances or pollutants are encountered. Client encourages Farnsworth Group and/or any subconsultant to take any and all measures that in Farnsworth Group’s and/or any subconsultant’s professional opinion are justified to preserve and protect the health and safety of Farnsworth Group’s and/or any subconsultant’s personnel and the public, and/or the environment, and Client agrees to compensate Farnsworth Group and/or any subconsultant for the additional cost of such measures. In addition, Client waives any claim against Farnsworth Group and/or any subconsultant, and agrees to indemnify and hold Farnsworth Group and/or any subconsultant harmless from any claim or liability for injury or loss arising from the presence of unanticipated known or suspected hazardous substances or pollutants. Client also agrees to compensate Farnsworth Group and/or any subconsultant for any time spent and expenses incurred by Farnsworth Group and/or any subconsultant in defense of any such claim, with such compensation to be based upon Farnsworth Group’s and/or any subconsultant’s prevailing fee schedule and expense reimbursement policy. Further, Client recognizes that Farnsworth Group and/or any subconsultant has neither responsibility nor liability for the removal, handling, transportation, or disposal of asbestos containing materials, nor will Farnsworth Group and/or any subconsultant act as one who owns or operates an asbestos demolition or renovation activity, as defined in regulations under the Clean Air Act. Job Site: Client agrees that services performed by Farnsworth Group and/or any subconsultant during construction will be limited to providing observation of the progress of the work and to address questions by Client’s representative concerning conformance with the Contract Documents. This activity is not to be interpreted as an inspection service, a construction supervision service, or guaranteeing the construction contractor's or construction subconsultant’s performance. Farnsworth Group and/or any subconsultant will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs. Farnsworth Group and/or any subconsultant will not be responsible for construction contractor's or construction subconsultant’s obligation to carry out the work according to the Contract Documents. Farnsworth Group and/or any subconsultant will not be considered an agent of Client and will not have authority to direct construction contractor's or construction subconsultant’s work or to stop work. Shop Drawing Review: Client agrees that Farnsworth Group and/or any subconsultant shall review shop drawings and/or submittals solely for their general conformance with Farnsworth Group's and/or any subconsultant’s design concept and general conformance with information given in the Contract Documents. Farnsworth Group and/or any subconsultant shall not be responsible for any aspects of a shop drawing and/or submittal that affect or are affected by the means, methods, techniques, sequences, and procedures of construction, safety precautions and programs incidental thereto, all of which are the construction contractor's or construction subconsultant’s responsibility. The construction contractor or construction subconsultant will be responsible for dimensions, lengths, elevations and quantities, which are to be confirmed and correlated at the jobsite, and for coordination of the work with that of all other trades. Client represents that the construction contractor and construction subconsultant shall be made aware by Client of the responsibility to review shop drawings and/or submittals and approve them in these respects before submitting them to Farnsworth Group and/or any subconsultant. LEED Certification and Energy Models: Client agrees that Farnsworth Group and/or any subconsultant do not guarantee the LEED certification of any facility for which Farnsworth Group and/or any subconsultant provides commissioning, LEED consulting or energy modeling services. The techniques and specific requirements for energy models used to meet LEED criteria have limitations that result in energy usage predictions that may differ from actual energy usage. Farnsworth Group and/or any subconsultant will endeavor to model energy usage very closely to actual usage, but Client agrees that Farnsworth Group and/or any subconsultant will not be responsible or liable in any way for inaccurate budgets for energy use developed from the predictions of LEED-compliant energy models. LEED certification and the number of LEED points awarded for energy efficiency are solely the responsibility of the U.S. Green Building Council and Green Building Certification Institute. Environmental Site Assessments: No Environmental Site Assessment can wholly eliminate uncertainty regarding the potential for Recognized Environmental Conditions in connection with a Subject Property. Performance of an Environmental Site Assessment is intended to reduce, but not eliminate, uncertainty regarding potential for Recognized Environmental Conditions in connection with a Subject Property. In order to conduct the Environmental Site Assessment, information will be obtained and reviewed from outside sources, potentially including, but not limited to, interview questionnaires, database searches, and historical records. Farnsworth Group is not be responsible for the quality, accuracy, and content of information from these sources. Any non-scope items provided in the Phase I Environmental Site Assessment Report are provided at the discretion of the environmental professional for the benefit of Client. Inclusion of any non-scope finding(s) does not imply a review of any other non-scope items with the Environmental Site Assessment investigation or report. The Environmental Site General Conditions / Rev. Feb.2020 Assessment report is prepared for the sole and exclusive use of Client. Farnsworth Group does not intend, without its written consent, for the Phase 1 Environmental Site Assessment Report to be disseminated to anyone beside Client, or to be used or relied upon by anyone beside Client. Use of the report by any other person or entity is unauthorized and such use is at their sole risk. Consequential Damages: Notwithstanding any other provision of the Agreement, and to the fullest extent permitted by law, neither Client nor Farnsworth Group, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for incidental, indirect, or consequential damages arising out of or connected in any way to the Project or Services performed under this Agreement. This mutual waiver of consequential damages shall include, but not be limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict and implied warranty. Both Client and Farnsworth Group shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in Project. Personal Liability: It is intended by the parties to the Agreement that Farnsworth Group’s services in connection with the Project shall not subject Farnsworth Group’s individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, Client agrees that as Client’s sole and exclusive remedy, any claim, demand, or suit shall be directed and/or asserted only against “Farnsworth Group, Inc., an Illinois corporation,” and not against any of Farnsworth Group’s individual employees, officers or directors. General Insurance and Limitation: Farnsworth Group is covered by commercial general liability insurance, automobile liability insurance and workers compensation insurance with limits which Farnsworth Group considers reasonable. Certificates of all insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, Farnsworth Group agrees to indemnify and hold Client harmless from any loss, damage or liability arising directly from any negligent act by Farnsworth Group. Farnsworth Group shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Farnsworth Group shall not be responsible for any loss, damage or liability arising from any act by Client, its agents, staff, other consultants, independent contractors, third parties or others working on the Project over which Farnsworth Group has no supervision or control. Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties agree that Farnsworth Group has no duty to defend Client from and against any claims, causes of action or proceedings of any kind. Professional Liability Insurance and Limitation: Farnsworth Group is covered by professional liability insurance for its professional acts, errors and omissions, with limits which Farnsworth Group considers reasonable. Certificates of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, Farnsworth Group agrees to indemnify and hold Client harmless from loss, damage or liability arising from errors or omissions by Farnsworth Group that exceed the industry standard of care for the services provided. Farnsworth Group shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Farnsworth Group shall not be responsible for any loss, damage or liability arising from any act, error or omission by Client, its agents, staff, other consultants, independent contractors, third parties or others working on the Project over which Farnsworth Group has no supervision or control. Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties agree that Farnsworth Group has no duty to defend Client from and against any claims, causes of action or proceedings of any kind. ADDITIONAL LIMITATION: IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO BOTH CLIENT AND FARNSWORTH GROUP, THE RISKS HAVE BEEN ALLOCATED SUCH THAT CLIENT AGREES THAT FOR THE COMPENSATION HEREIN PROVIDED, FARNSWORTH GROUP CANNOT EXPOSE ITSELF TO DAMAGES DISPROPORTIONATE TO THE NATURE AND SCOPE OF FARNSWORTH GROUP’S SERVICES OR THE COMPENSATION PAYABLE TO IT HEREUNDER. THEREFORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIENT AGREES THAT THE LIABILITY OF FARNSWORTH GROUP TO CLIENT FOR ANY AND ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, CONTRIBUTION, ASSERTED BY CLIENT AND ARISING OUT OF OR RELATED TO THE NEGLIGENT ACTS, ERRORS OR OMISSIONS OF FARNSWORTH GROUP IN PERFORMING PROFESSIONAL SERVICES SHALL BE LIMITED TO FIFTY THOUSAND DOLLARS ($50,000) OR THE TOTAL FEES PAID TO FARNSWORTH GROUP BY CLIENT UNDER THE AGREEMENT, WHICHEVER IS GREATER (“LIMITATION”). CLIENT HEREBY WAIVES AND RELEASES (I) ALL PRESENT AND FUTURE CLAIMS AGAINST FARNSWORTH GROUP, OTHER THAN THOSE DESCRIBED IN THE PREVIOUS SENTENCE, AND (II) ANY LIABILITY OF FARNSWORTH GROUP IN EXCESS OF THE LIMITATION. IN CONSIDERATION OF THE PROMISES CONTAINED HEREIN AND FOR OTHER SEPARATE, VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, CLIENT ACKNOWLEDGES AND AGREES THAT (I) BUT FOR THE LIMITATION, FARNSWORTH GROUP WOULD NOT HAVE PERFORMED THE SERVICES, (II) CLIENT HAS HAD THE OPPORTUNITY TO NEGOTIATE THE TERMS OF THE LIMITATION AS PART OF AN “ARMS- LENGTH” TRANSACTION, (III) THE LIMITATION AMOUNT MAY BE LESS THAN THE AMOUNT OF PROFESSIONAL LIABILITY INSURANCE REQUIRED OF FARNSWORTH GROUP UNDER THE AGREEMENT, (IV) THE LIMITATION IS MERELY A LIMITATION OF, AND NOT AN EXCULPATION FROM, FARNSWORTH GROUP’S LIABILITY AND DOES NOT IN ANY WAY OBLIGATE CLIENT TO DEFEND, INDEMNIFY OR HOLD HARMLESS FARNSWORTH GROUP, (V) THE LIMITATION IS AN AGREED REMEDY, AND (VI) THE LIMITATION AMOUNT IS NEITHER NOMINAL NOR A DISINCENTIVE TO FARNSWORTH GROUP PERFORMING THE SERVICES IN ACCORDANCE WITH THE STANDARD OF CARE. Subpoenas: Client is responsible, after notification, for payment of time charges and expenses resulting from the required response by Farnsworth Group and/or any subconsultant to subpoenas issued by any party other than Farnsworth Group and/or any subconsultant in conjunction with the services performed under the Agreement. Charges are based on fee schedules in effect at the time the subpoena is served. Statutes of Repose and Limitation: All legal causes of action between the parties to the Agreement shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date of Substantial Completion. If the act or failure to act complained of occurs after the date of Substantial Completion, then the date of final completion shall be used, but in no event shall any statute of repose of limitation begin to run any later than the date Farnsworth Group’s services are completed or terminated. Severability: If any term or provision of the Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, such holding shall be applied only to the provision so held, and the remainder of the Agreement shall remain in full force and effect. Waiver: No waiver by either party of any breach, default, or violation of any term, warranty, representation, agreement, covenant, condition, or provision hereof shall constitute a waiver of any subsequent breach, default, or violation of the same or any other term, warranty, representation, agreement, covenant, condition, or provision hereof. All waivers must be in writing. Survival: Notwithstanding completion or termination of the Agreement for any reason, all rights, duties, obligations of the parties to the Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. Governing Law: The Agreement shall be governed by and interpreted pursuant to the laws of the State of < Illinois or Colorado > without regard to conflict of law principles. 118-995 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: GPO Page 1 of 1 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Approval of the December 31, 2022 Annual Budget SUMMARY RECOMMENDATION: The City Manager and Director of Finance and Information Systems recommend approval of the December 31, 2022 Annual Budget. BACKGROUND: The budget is the working plan for the operation of the City of Galesburg during the January 1 - December 31 fiscal year. Citizens, elected officials, and staff all play a vital role in preparing the many components of the budget. Although the City Manager is responsible for preparing and recommending a budget, the City Council determines the final budget document and the allocation of resources it represents. Preparation, review and adoption of the new budget year spans throughout the current year. The budget document is the result of the completion of a complex set of tasks including strategic planning, assessing the City’s financial condition, developing assumptions upon which to base budget projections, assessing needs, developing goals and objectives which will meet these needs, and estimating the costs of providing services. A public hearing is held prior to the final adoption of the budget in accordance with State Statutes. The public hearing for the December 31, 2022 Annual Budget was held on November 15, 2021. The budget is on display at the Galesburg Public Library and the City Clerk’s Office, City Hall. A copy may also be found on the City’s website, www.ci.galesburg.il.us. BUDGET IMPACT: The annual budget sets the legal spending limits for the December 31, 2022 fiscal year. The 2022 budget is as follows: Total Revenues: $67,978,320 Total Use of Fund Balance and/or Other Financial Resources: $12,184,710 Total Expenditures: $67,203,615 General Fund Revenue Total: $26,252,940 General Fund Expenditure Total: $27,423,395 General Fund Use of Fund Balance: $1,170,455 SUPPORTING DOCUMENTS: 1. 2022 Budget Fund Summary 21-4116 Fund/Division Fund/ Division Number 2022 Revenues Use from Other Sources 2022 Expenditures General Fund 001 City Council 105 226,835 City Manager 110 320,655 City Clerk 115 352,455 Human Resources/Benefits 120 252,760 Legal 145 182,255 Contracts and Subsidies 160 2,173,945 Finance 205 863,640 Management Information Systems 207 539,990 Planning 305 74,540 Inspections 306 901,740 Engineering 410 593,365 Fleet Services 445 544,495 Street and Bridge Maintenance 450 1,993,745 Fire and Police Commission 505 48,950 Police 510 8,527,150 School Crossing Guard 525 83,430 Communications and Records 550 2,134,180 Fire 605 7,594,110 Emergency Services 630 15,155 GENERAL FUND 26,252,940 1,170,455 27,423,395 SPECIAL REVENUE FUNDS Motor Fuel Tax 011 1,925,000 770,000 2,695,000 Grants 013 7,433,185 - 7,433,185 City Gas Tax 014 690,000 902,990 1,592,990 Federal Special Enforcement 015 - - 0 Special Enforcements 016 25,000 11,650 36,650 ETSB 017 118,945 - 118,945 Storm Water Utility 018 732,100 558,200 1,290,300 Park Fund 019 Park & Recreation Administration 1905 2,224,210 City Hall Buildings & Grounds 1910 161,715 PSB Buildings & Grounds 1911 133,275 Park Operation and Maintenance 1915 612,140 Golf Course 1920 721,940 Allison Campground 1925 144,035 Lake Storey Beach 1930 80,895 Lake Storey Pavilion 1935 109,435 Recreation Special Programs 1940 233,825 Lakeside Recreation Facility 1945 87,195 Lakeside Water Park 1950 295,735 Hawthorne Pool 1955 38,445 Hawthorne Gymnasium 1960 26,655 City of Galesburg 2022 Budget Fund Summary 1 Fund/Division Fund/ Division Number 2022 Revenues Use from Other Sources 2022 Expenditures City of Galesburg 2022 Budget Fund Summary Maintenance of Linwood Cemetery 1965 218,315 Forestry 1975 292,835 Park Fund 4,617,125 763,525 5,380,650 Airport Fund 020 286,915 - 286,915 Foreign Fire 021 47,000 - 11,430 Property Redevelopment 023 695,100 158,835 853,935 Economic Development 024 1,032,960 - 974,130 CDBG Repayment 025 13,450 - 0 UDAG Repayment 026 47,880 808,420 856,300 Public Transportation Services 030 Handivan 320 877,375 Bus Subsidy 370 1,411,820 2,289,195 - 2,289,195 Public Transportation Projects 032 800,000 - 800,000 Total Special Revenue Funds 20,753,855 3,973,620 24,619,625 DEBT SERVICE FUNDS 2011B Capital Projects 042 0 - 0 2016 GO Bond Debt Service 043 640,365 - 640,365 2011C Business Park 046 322,990 - 322,990 2013A Seminary Street Business District 047 114,580 - 114,580 Total Debt Service Funds 1,077,935 - 1,077,935 CAPITAL PROJECT FUNDS TIF 3 Regency Capital Project 048 75,840 - 75,000 TIF IV 049 731,140 344,800 1,075,940 TIF V 050 8,340 - 0 Player Fees 051 6,000 - 6,000 2016 GO Capital Improvement 052 0 - 0 Building Repair & Maintenance 053 214,495 - 161,120 Planning Fund 054 50,000 - 50,000 TIF Downtown 055 0 360 360 TIF East Main 056 416,445 - 274,420 Computer Replacement 057 513,805 - 226,500 Vehicle Replacement 058 1,233,280 - 320,465 Utility Tax Capital Projects 059 1,482,700 - 1,195,070 Seminary Street Business District 060 30,010 - 30,010 Total Capital Project Funds 4,762,055 345,160 3,414,885 ENTERPRISE FUNDS Water Operations 061 6,829,600 - 6,519,190 Refuse 067 2,879,790 11,720 2,891,510 Total Enterprise Funds 9,709,390 11,720 9,410,700 2 Fund/Division Fund/ Division Number 2022 Revenues Use from Other Sources 2022 Expenditures City of Galesburg 2022 Budget Fund Summary INTERNAL SERVICE FUNDS Risk Management 078 1,004,370 160 1,004,530 Total Internal Service Funds 1,004,370 160 1,004,530 TRUST/PENSION FUNDS OPEB Trust 085 138,285 - 1,500 Total Trust/Pension Funds 138,285 - 1,500 PERMANENT FUNDS Linwood Cemetery 088 2,300 600 2,900 East Linwood Cemetery 089 32,000 - 15,000 Total Permanent Funds 34,300 600 17,900 COMPONENT UNIT Galesburg Public Library 900 1,692,955 1,495 1,694,450 Galesburg Library Working Cash 905 175 - 0 Galesburg Library Computer Replacement 910 60 - 0 Galesburg Library Long Term Capital 915 2,552,000 1,681,000 4,233,000 Galesburg Library Capital Improvement/Development 918 - 5,000,500 5,000,500 Galesburg Library 2013 Debt Certificates 922 - -0 Total Component Unit 4,245,190 6,682,995 10,927,950 Grand Total - All Funds 67,978,320$ 12,184,710$ 77,898,420$ 3 ____________________________________________________________________________________________ Prepared by Gugs Page 1 of 2 COUNCIL LETTER CITY OF GALESBURG DECEMBER 6, 2021 AGENDA ITEM: Consider moving forward with the demolition process on properties located at 133 Locust St (residence & attached garage), 314 S Henderson St (residence), 362 N Broad St (residence & accessory structure), 553 W Tompkins St (residence & accessory structure), 643 Day (residence & shed). SUMMARY RECOMMENDATION: The City Manager and Director of Community Development recommend the City Council authorize demolition proceedings for these properties. BACKGROUND: After an inspection of the properties, the Building Inspector sent the required notification to the owners of the properties requesting compliance. The following are the responses to the violations: 133 Locust St (residence & attached garage). A letter was sent to the listed owner and upon a follow up inspection it was noted that progress has not been made at fixing the property. There was a structure fire at this property in 2018, the water account has been off since December 2010, the city has had to mow the property the last two years which has amounted to $728 in fines/fees, some windows are partially open allowing infiltration of inclement weather and possible entry of rodents, soffit & fascia are rotted and damaged and sections of the gutter and downspouts are missing and/or damaged which will not allow water to effectively be taken away from the foundation. 314 S Henderson St (residence). A letter was sent to the listed owner and upon a follow up inspection it was noted that progress has not been made at fixing the property. The property has been cited for nuisances (weeds, board up, trash and debris) for 6 consecutive years amounting over $4,500 in fines/fees and the water account has been off since September 2007.The front porch roof is missing a support column, multiple windows boarded up and some from the inside which is still allowing inclement weather to enter the structure, multiple areas of the foundation are dilapidated allowing possible entry of rodents, sections of the siding, gutters and downspouts are missing and/or damaged not allowing water to effectively be taken away from the foundation. 362 N Broad St (residence & accessory structure). A letter was sent to the listed owner and upon a follow up inspection it was noted that progress has not been made at fixing the property. There was a structure fire at this property in May 2020, the water account has been off since June 2020, over this past year the property has been mowed and boarded up amounting over $1,300 in fines/fees. Numerous open windows open allowing infiltration of inclement weather and possible entry of rodents, missing/damaged siding and roofing from the fire. 553 W Tompkins St (residence & accessory structure). A letter was sent to the listed owner and upon a follow up inspection it was noted that progress has not been made at fixing the property. There was a structure fire at this property in December 2017, the water account has been off since December 2017. The exterior weatherproofing has been compromised by the fire allowing 21-4117 ____________________________________________________________________________________________ Prepared by Gugs Page 2 of 2 inclement weather and possible entry of rodents, missing/damaged siding and roofing from the fire, chimney stack has visible lean. 643 Day (residence & shed). A letter was sent to the listed owner and upon a follow up inspection it was noted that progress has not been made at fixing the property. Over the last year this property has been cited for trash & debris, inoperable vehicles and outside storage amounting over $3,400 in fines/fees, the water bill is in excess of $1,200 for non-payment since January 2021. The occupants have broken out every window in the building and removed the chimney allowing infiltration of inclement weather and possible entry of rodents, steps have been torn free from the building making it unsafe for the purpose for which it is supposed to be used, gutters and downspouts are missing and/or damaged not allowing water to effectively be taken away from the foundation. The request before Council tonight is to approve moving forward with the demolition process. If approved, the following steps still need to be taken: •A title search is being conducted and if it is found that there are any other parties with ownership interest, staff will send additional notices. •If there are no responses, the City Legal Department pursues all necessary steps to obtain an order for demolition. •Once an order is received, staff can order an asbestos inspection of the property. •Staff requests utilities be terminated at the property. •Staff then drafts demolition specifications and the demolition is put out for bid. •Bids are taken to City Council for approval. •The selected demolition contractor schedules the demolition into their calendar and completes the demolition. BUDGET IMPACT: The demolition costs would be paid out of Fund 23 – Property Redevelopment. Estimated demolition expenses would be: •133 Locust St (residence & attached garage) - $13,000 - $15,000 •314 S Henderson St (residence) – $10,000 – $12,000 •362 N Broad St (residence & accessory structure) – $18,000 - $20,000 •553 W Tompkins St (residence & accessory structure) – $10,000 - $12,000 •643 Day (residence & shed) – $18,000 - $20,000 SUPPORTING DOCUMENTS: 1.Fifteen day notices and photos City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 August 24, 2021 Holmes Fred Estate 133 Locust St. Galesburg, IL. 61401 ReferenceProperty 133 Locust St.. Galesburg,Il. PIN#:9914226015 Legal Description: HAYNOR’S ADD., SUB.OF LOT 19 OF LOTS 11 & 2BLK. 2 OF BLKS. 1 THRU 4 This is to advise you that the building owned by you, or in which you claim interest, located at 133 Locust St. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: 1. Property surrounded by overgrowth of vegatation allowing for limited airflow and promoting rot and decay by maintaining moisture on wood structure. 2. Window appears to be partially open on the southwest corner of resident 3. Basement window located on eastside of residence appears to be open/missing 4. The gutter on the eastside is partially torn from residence and fascia board looks to be rotted and damaged The list is based upon a visual inspection was performed on August 23, 2021. This property will be re- inspected on September 7 , 2021. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345-3617. Sincerely, Inspections Division City of Galesburg, Il. 133 Locust St City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 July 16, 2021 Amanda Callaway 890 Limetree Ct. Apt.A Newport News, Va. 23608 ReferenceProperty 314 S. Henderson St. Galesburg,Il. PIN62#:9916279016 Legal Description: HARDING S ADDN S D LOT 1 BLK 1N 1/2 LOT 12 This is to advise you that the building owned by you, or in which you claim interest, located at 314 S. Henderson in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: 1.Porch roof missing support column 2.Multiple windows boarded up incorrectly allowing for weather infiltration into structure 3. Areas of dilapidation to foundation and openings at ground level allowing for rodent entry 4.Siding missing and falling off 5. Gutters and downspouts not able to function properly due to vegitation growth and sections coming loose and missing. 6. Electrical service meter base open and allowing for weather to infiltrate electrical system. 7.Vegitation growth infiltrating siding and allowing for damage from mold, mildew, pests and rodents on front of structure. The list is based upon a visual inspection was performed on July 13, 2021. This property will be re- inspected on August 2, 2021. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345-3617. Sincerely, Inspections Division City of Galesburg, Il. City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 July 29, 2021 Michael O. Jacobson 643 Day St. Galesburg, IL. 61401 ReferenceProperty 643 Day St. Galesburg,Il. PIN#:9914327006 Legal Description: FIRST SOUTHERN ADD., SUB. OF LOTS 1, 2, 3, 6, 7 & 8 BLK. E OF BLKS. D & E This is to advise you that the building and accessory building owned by you, or in which you claim interest, located at 643 Day St. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: 1. Repair and/or replace all of the windows broke out of the structure 2. Repair opening to structure from the removal of chimney, which allow for weather to enter the structure 3. Open rear entrance 4. Steps torn free of building and not safe to use in rear of residence. 5. Gutter missing on southside and downspout from upper roof no longer connected to a proper means to work as intended 6. Metal storage shed appears to have no doors and is open and considered dangerous, also has piles of trash infront of it. The list is based upon a visual inspection was performed on July 19, 2021. This property will be re- inspected on August 16, 2021. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345-3617. Sincerely, Inspections Division City of Galesburg, Il. 314 S Henderson St 362 N Broad St City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 March 20, 2019 Antionette Hollowell 1741 Cardinal Dr. Galesburg, IL. 61401 Reference:553 W. Tompkins, Galesburg,Il. PIN#:9915103015 Legal Description: FIVE ACRE LOT 19 LOT 1 This is to advise you that the building and accessory building owned by you, or in which you claim interest, located at 553 W. Tompkins St. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: Please repair or replace the following items: 1.Damage due to fire 2.Exterior Weatherproofing envelope compromised with the missing gutters and downspouts 3.Accessory structure/building, open and unsafe, possibly damaged due to fire 4. Siding loose at or near ground allowing for rodent infiltration 5. Broken window at or near ground allowing for rodent access. 6. Chimney stack bowed and leaning appears to be in need of repair and/or rebuilding The list is based upon a visual inspection was performed on March 19, 2019. This property will be re-inspected on April 4, 2019. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345- 3617. Sincerely, Inspections Division City of Galesburg, Il. 553 W Tompkins St City Hall • 55 West Tompkins Street • Galesburg, IL 61401 • 309/345-3617 July 29, 2021 Michael O. Jacobson 643 Day St. Galesburg, IL. 61401 ReferenceProperty 643 Day St. Galesburg,Il. PIN#:9914327006 Legal Description: FIRST SOUTHERN ADD., SUB. OF LOTS 1, 2, 3, 6, 7 & 8 BLK. E OF BLKS. D & E This is to advise you that the building and accessory building owned by you, or in which you claim interest, located at 643 Day St. in the City of Galesburg, Knox County, Illinois, is in dangerous and unsafe conditions by reason of the State of Illinois Municipal Code for unsafe properties (65 ILCS 5/Art. 11 Div. 31). You are further notified that you have fifteen days from the date of this letter to contact this department or repair and/or replace the areas listed below: 1.Repair and/or replace all of the windows broke out of the structure 2. Repair opening to structure from the removal of chimney, which allow for weather to enter the structure 3. Open rear entrance 4. Steps torn free of building and not safe to use in rear of residence. 5.Gutter missing on southside and downspout from upper roof no longer connected to a proper means to work as intended 6. Metal storage shed appears to have no doors and is open and considered dangerous, also has piles of trash infront of it. The list is based upon a visual inspection was performed on July 19, 2021. This property will be re- inspected on August 16, 2021. This notice is given pursuant to the applicable statutes of the State of Illinois. If you do not properly repair or replace the listed items or contact this office within the fifteen day time period, the City will proceed with demolition action against the property. If you have any other questions or need additional information, please contact me at 309-345-3617. Sincerely, Inspections Division City of Galesburg, Il. 643 Day St ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: BAN Page 1 of 1 CITY OF GALESBURG COUNCIL LETTER DECEMBER 6, 2021 AGENDA ITEM: National Opioid Settlement and Release SUMMARY RECOMMENDATION: The City Manager and City Attorney / Administrative Services Director recommend approval of both settlement agreements. BACKGROUND: After years of nationwide litigation, settlements have been reached that resolve opioid litigation brought by states and municipalities against the three largest pharmaceutical distributers, (McKesson, Cardinal Health and Amerisource Bergen) and one manufacturer, Janssen Pharmaceuticals, Inc. and its parent company Johnson and Johnson. The State of Illinois has signed onto the settlement, making Illinois local governments eligible to participate. According to Attorney General Raoul, if all local participants agree, Illinois should receive approximately 790 million dollars. The City of Galesburg will only be eligible to receive funds from this settlement if it executes these releases. Additionally, the defendants have agreed to the sharing of various data about opioids and for Johnson and Johnson to stop selling all opioids. At this time, it is unknown what type of funding will be made directly available to the City of Galesburg, if the settlement is approved. However, it is anticipated that a substantial majority of the funds must be spent on opioid treatment and prevention. BUDGET IMPACT: Unknown until the State of Illinois provides guidance on how the settlement funds shall be distributed to municipalities SUPPORTING DOCUMENTS: 1.Settlement Release – Distributors 2.Settlement Release – Manufacturer 21-4118 PARTICIPATION INSTRUCTIONS Thank you for registering your subdivision on the national settlement website and for considering participating in the proposed Settlement Agreement with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation (collectively “Settling Distributors”). This virtual envelope contains a Participation Form including a release of claims. The Participation Form in this envelope must be executed, without alteration, and submitted in order for your subdivision to be considered potentially “participating.” The sign-on period for subdivisions ends on January 2, 2022. On or after that date, the states (in consultation with the subdivisions) and the Settling Distributors will determine whether the subdivision participation rate is sufficient for the settlement to move forward. If the deal moves forward, your release will become effective. If it does not, it will not. As a reminder, if you have not already started your review of the settlement documentation, detailed information about the Settlements may be found at: https://nationalopioidsettlement.com/. This national settlement website also includes links to information about how the Settlements are being implemented in your state and how settlement funds will be allocated within your state, including information about, and links to, any applicable allocation agreement or legislation. This website will be supplemented as additional documents are created. If you have questions, please contact your counsel (if you have counsel on opioids matters) or the Illinois Attorney General’s Office at opioidsettlement@ilag.gov. DocuSign Envelope ID: EC16FC84-278B-4D61-98AC-8D71FA451C2B 1 Settlement Participation Form Governmental Entity: Galesburg city State: IL Authorized Signatory: /officialname/ Address 1: /address1/ Address 2: /address2/ City, State, Zip: /cit/ /state/ /zi/ Phone: /Phone/ Email: /email/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Distributor Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement. 7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein. DocuSign Envelope ID: EC16FC84-278B-4D61-98AC-8D71FA451C2B 2 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including but not limited to all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement. 10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Distributor Settlement. 11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls. DocuSign Envelope ID: EC16FC84-278B-4D61-98AC-8D71FA451C2B 3 I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature:/signer_1/ Name:/name_1/ Title:/title_1/ Date:/date_1/ DocuSign Envelope ID: EC16FC84-278B-4D61-98AC-8D71FA451C2B PARTICIPATION INSTRUCTIONS Thank you for registering your subdivision on the national settlement website and for considering participating in the proposed Settlement Agreement with Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively “Janssen”). This virtual envelope contains a Participation Form including a release of claims. The Participation Form in this envelope must be executed, without alteration, and submitted in order for your subdivision to be considered potentially “participating.” The sign-on period for subdivisions ends on January 2, 2022. On or after that date, the states (in consultation with the subdivisions) and the Settling Distributors will determine whether the subdivision participation rate is sufficient for the settlement to move forward. If the deal moves forward, your release will become effective. If it does not, it will not. As a reminder, if you have not already started your review of the settlement documentation, detailed information about the Settlements may be found at: https://nationalopioidsettlement.com/. This national settlement website also includes links to information about how the Settlements are being implemented in your state and how settlement funds will be allocated within your state, including information about, and links to, any applicable allocation agreement or legislation. This website will be supplemented as additional documents are created. If you have questions, please contact your counsel (if you have counsel on opioids matters) or the Illinois Attorney General’s Office at opioidsettlement@ilag.gov. DocuSign Envelope ID: CC0B2E7F-5846-4880-8BF8-60AF65AF2551 1 Settlement Participation Form Governmental Entity: Galesburg city State: IL Authorized Signatory: /officialname/ Address 1: /address1/ Address 2: /address2/ City, State, Zip: /cit/ /state/ /zi/ Phone: /Phone/ Email: /email/ The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement. 7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein. DocuSign Envelope ID: CC0B2E7F-5846-4880-8BF8-60AF65AF2551 2 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim. 9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. DocuSign Envelope ID: CC0B2E7F-5846-4880-8BF8-60AF65AF2551 3 I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature:/signer_1/ Name:/name_1/ Title:/title_1/ Date:/date_1/ DocuSign Envelope ID: CC0B2E7F-5846-4880-8BF8-60AF65AF2551 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER DECEMBER 6, 2021 AGENDA ITEM: Agreement with Bruner, Cooper, and Zuck, Inc. to prepare a grant application for the State of Illinois Rebuild Downtowns and Main Streets Grant for the renovation of the 2nd and 3rd floor of 120 E. Main Street for residential use. SUMMARY RECOMMENDATION: The City Manager and Director of Public Works recommend approval of an agreement with Bruner, Cooper, and Zuck, Inc. to prepare a grant application in an amount not to exceed $13,900. BACKGROUND: This is one of three projects the city intends to apply for through this program and consists of applying for renovation of the 2nd and 3rd floors of 120 East Main Street, which is currently owned by the city. The scope of work includes a code analysis of the building, structural evaluation, development of a floor plan and proposed elevation view of the exterior of the building, and a cost estimate for the project in addition to applying for the grant. If the project is not selected for the grant, the code analysis, floor plan, elevation view, and cost estimate can be used to market the building to a private developer in the future. The Illinois Department of Commerce and Economic Opportunity (DCEO) is accepting applications for the Rebuild Downtowns and Main Streets Grant. This is a new one time grant program designed to bring investments to revitalize commercial corridors and main street areas statewide. The program leverages funds from the American Rescue Plan Act to provide grants for construction, repair and modernization of public infrastructure and amenities to boost jobs, improve quality of life and stimulate economic activity for areas hit hardest curing COVID-19. Projects must be located in a commercial center or downtown area and may include, but are not limited to: roadways, parking and public way improvements, parks and venues or plazas for public use, sustainability upgrades, structural repairs, and mixed-use or transit-oriented development. This grant opportunity is intended for infrastructure investment that has a strong and direct connection with efforts to promote recovery from the COVID-19 health and economic crisis. Priority will be given to projects that are located in a disproportionately impacted area, an Opportunity Zone, or a Qualified Census Tract. Projects that advance initiatives that are part of a regional or local plan will also score higher. The program is competitive and provides $50 million for projects across Illinois. The minimum grant size is $250,000 and the maximum grant size is $3 million. There is no match required but projects score higher if a match is provided. It is proposed for the city to provide a 20% match if the project is selected for the grant. Even though an estimate is not known until the study is complete, a ballpark estimate would be $1.25 million, of which a 20% match would be $250,000 which could come from TIF or Economic Development funds. The project is located in a qualified census tract in addition to being adjacent or nearby many businesses impacted by COVID, which would make it a strong application for the program. The deadline to submit a project is January 10, 2022. Projects are anticipated to be selected in the summer of 2022 and would be constructed in 2023 if selected. 21-4119 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 2 of 2 BUDGET IMPACT: The grant application agreement amount of $13,900 would be paid from the Economic Development Fund (24). SUPPORTING DOCUMENTS: 1.Agreement with Bruner, Cooper, and Zuck, Inc. 2. Fact sheet for 120 E. Main Street BRUNER, COOPER & ZUCK, INC. Engineers, Architects & Land Surveyors City of Galesburg, Wayne Carl - 2 - November 29, 2021 835 Golden Valley Drive Bettendorf, IA 52722 563.355.1856 188 E. Simmons Street Galesburg, IL 61401 309.343.9282 308 N. 3rd Street Burlington, IA 52601 319.752.9282 www.bczengineering.com December 2, 2021 Mr. Wayne Carl City Hall 55 West Tompkins Street Galesburg, Illinois 61401 Subject: Proposal for Architectural and Engineering Services for Upper Story Apartments Rebuild Downtowns and Main Streets Capital Grant Program (RDMS) 120 E Main Street Galesburg, Illinois Dear Wayne: Thank you for contacting our firm regarding architectural engineering services required for subject project. We are certainly interested in this Project, and we are pleased to present this brief proposal for your consideration. After discussing this Project with you, we anticipate the following Scope of Work for 120 East Main Street: For each location we propose to provide the following: 1. Measure building interior 2. Take pictures inside and out 3. Structural inspection of building 4. Develop Schematic floor plan design 5. Develop Exterior rendering of front of building 6. Conduct code review with city of Galesburg BRUNER, COOPER & ZUCK, INC. Engineers, Architects & Land Surveyors City of Galesburg, Wayne Carl - 2 - December 02, 2021 7. Develop estimate of project design and construction costs 8. Prepare Rebuild Downtowns and Main Streets Capital Grant Program (RDMS) grant application by January 10, 2022, deadline Based upon the above outlined Scope of Work, we propose that our total fee for this Project will not exceed $13,900.00. Our firm is available to begin work on this Project immediately upon City authorization. Thank you again for the opportunity to submit this proposal, and please feel free to contact that undersigned with any questions or comments that you may have. Sincerely, BRUNER, COOPER & ZUCK, INC. Kevan J. Cooper, P.E., P.L.S. pbb enc The undersigned accepts this proposal and our Terms and Conditions attached hereto: Proposal and Terms & Conditions accepted this day of , 2021 Signature: Print: Bruner, Cooper & Zuck, Inc. TERMS AND CONDITIONS 2021 1 Standard of Care: Services provided by Bruner, Cooper & Zuck, Inc. (BCZ) under this Agreement will be performed in a manner consistent with the human degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in this geographic area. Additional Services: When additional services beyond the defined scope are requested, an amendment will be prepared by and approved by the Client prior to commencing work. Additional services shall be performed on a time and material basis at BCZ’s Standard Hourly Rates, or for a negotiated fee. Responsibilities of the Client: The Client shall be required to provide full information regarding the requirements for this project and shall designate a representative authorized to act on its behalf with respect to the Project. All communication and authorization shall be by or through this representative. The Client shall examine documents prepared by BCZ and shall render decisions related to the project promptly, to avoid unreasonable delay in the performance of services. If the Client becomes aware of any fault or defect in BCZ’s services or non-conformance with the agreed to Scope of Services, the Client will provide prompt notice to BCZ. The Client will provide access to all areas necessary for completion of this project. Any expense related to notification of landowners or obtaining access rights will be at the Client’s sole expense unless indicated otherwise under Scope of Services. If BCZ is not given access to areas necessary for completion of this project during scheduled site visits, BCZ will inform the client of difficulties in accessing the property and will invoice the Client for repeat visits as an additional service. Engagement of Sub consultants: BCZ may engage the services of sub consultants when, in BCZ’s sole opinion, it is appropriate to do so to complete the required Scope of Work. These sub consultants may include but are not limited to: Geotechnical, Mechanical or Electrical Engineers, Architects, Landscape Architects, and testing laboratories. Billing/Payment: The Client agrees to pay BCZ for all services performed and all costs incurred. Invoices for BCZ’s services shall be submitted either upon completion of such services or on a monthly basis. Invoices shall be due and payable within 30 days of invoice date. Client shall notify BCZ of any objections to the invoice within five working days of receipt. Payment of any invoice indicates Client’s acceptance of this Agreement and satisfaction with BCZ’s services. Payment of invoices is in no case subject to unilateral discounting, back-charges, or set-offs by the Client, and payment for services rendered is due regardless of suspension or termination of this Agreement by either party. A finance charge (late fee), computed by a single periodic rate of 1.5% per month which is an annual percentage rate of 18%, will be added to the total account balance for accounts over 30 days old. The minimum finance charge is $5.00. In the event, any portion of an account remains unpaid 120 days after the billing, BCZ may institute collection action. If BCZ is successful in collection proceedings, the Client agrees to pay the fee due, plus interest, as well as all costs of collection, and BCZ’s reasonable attorney’s fees. In no case will with Client postpone, withhold or make payment contingent upon the construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties, firms, agencies, or individuals. Indemnifications: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless BCZ, its officers, directors, employees, agents and consultants from and against all damage, liability and cost, including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of BCZ. Limitation of Liability: It is agreed that BCZ’s liability for this project for negligent acts, errors, or omissions, and all claims, losses, cost, damages, cost of defense, expenses from any cause, including Client, Contractors, and Attorney fees, is limited to fees collected or $50,000, whichever is greater. In addition, BCZ assumes no responsibility for the existence, discharge of or exposure to any hazardous, toxic, or infectious materials, and assumes no responsibility for the removal or other services. Therefore, except in claims arising from the negligent acts and errors of BCZ, the client agrees to hold harmless and indemnify BCZ from all claims or damages arising from or alleged to arise from such existence, discharge, or exposure. Information Provided by Others: The Client shall furnish, at the Client’s expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. BCZ may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. BCZ shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Client’s consultants and contractors. Certification, Guarantees and Warranties: BCZ shall not be required to execute any document that would result in the Engineer certifying, guaranteeing or warranting the existence of any conditions. Engineer’s findings, interpretations, opinions, and recommendations are probabilities based on Engineer’s professional judgment of site conditions as discernible from the limited, and often indirect, information provided by others, information available to Engineer at the time the work was performed, or information observed or developed by Engineer using the methods specified in the scope of work. Engineer does not warrant the accuracy, completeness, or validity of information and independent opinions, conclusions, and recommendations provided or developed by others, nor does Engineer assume any responsibility for documenting or reporting conditions detectable with methods or techniques not specified in the scope of work. Dispute Resolution: Any claims or disputes between the Client and BCZ arising out of the services to be provided by BCZ or out of this Agreement shall be submitted to non-binding mediation. The Client and BCZ agree to include a similar mediation agreement with all contractors, sub consultants, subcontractors, suppliers and fabricators, providing for mediations as the primary method of dispute resolution among all parties. The laws of the State of Illinois will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State. Means and Methods: BCZ shall not be responsible for, nor have controls over or charge of, construction means, methods, sequence, techniques, or procedures, or for any health or safety precautions required by any regulatory agencies in connection with the project. In cases where a General Contractor is present on a project, the Client agrees that the General Contractor will be solely responsible for jobsite safety and warrants that this intent shall be carried out in the Client’s contract with the general Contractor. The Client also agrees that the Client, BCZ and sub consultants of BCZ will be indemnified by the General Contractor and will be made additional insureds under the General Contractor’s policies of General Liability Insurance. Construction Observation: If required under Scope of Services, BCZ shall visit the construction site at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the Client and BCZ, in order to observe the progress and quality of the work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or detailed inspection of the Contractor’s work but rather to allow BCZ, as an experienced professional firm, to become generally familiar with the work in progress and to determine, in general, if the project is proceeding in accordance with contract documents. Based upon this observation, BCZ will inform the Client about the progress of the work and will attempt to guard the Client against obvious non-compliance with project specifications. When BCZ does not provide construction observation services, it is agreed that the professional services of BCZ do not extend to or include the review or site observation of the Contractor’s work, performance, or pay request approval. During construction, the Client assumes the role of the Engineer and will hold harmless BCZ for the Contractor’s performance or the failure of the Contractor’s work to conform to the design intent and the contract documents. Adjustments, Changes or Additions: It is understood that adjustments, changes, or additions may be necessary during construction. A contingency fund will be maintained until construction is completed to pay for field changes, adjustments, or increased scope items. All change order amounts requested by Contractors constructing BCZ-designed systems shall be submitted to BCZ for review prior to being approved by contract holder. BCZ will not approve amounts requested that are above a normal bid amount for the work involved. In no case, will costs be assessed to BCZ at the discretion of the Contractor, the Client, or the Owner without prior agreement and approval of BCZ. BCZ shall not be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Integrity of Work Products: In the event the Client, the client’s contractors or subcontractors, or anyone for whom the Client is legally liable makes, orders, or permits to be made any changes to reports, plans, specifications, or construction documents prepared by BCZ without obtaining BCZ’s prior written consent, the Client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to assume sole responsibility and waive any and all potential claims against BCZ and to release BCZ from any liability arising directly or indirectly from such changes. Bruner, Cooper & Zuck, Inc. TERMS AND CONDITIONS 2021 2 If required under Scope of Services, BCZ will compile and deliver to the Client a reproducible set of Record Documents based upon the marked-up drawings, addenda, change orders and other data furnished by the Contractor. These record Documents will show significant changes made during construction. Because Record Documents are based upon unverified information provided by other parties, BCZ cannot warrant the accuracy of these changes. Suspension of Services: If the Client fails to make payments when due or is otherwise in breach of this Agreement, BCZ may terminate this agreement, or suspend performance of services upon seven (7) calendar day’s notice to the Client. BCZ shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by the Client’s breach of contract. Upon payment in full by the Client, BCZ shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspensions plus any other reasonable time and expense necessary for BCZ to resume performance. Termination and Acceptance: Either party may terminate this Agreement upon giving the other party not less than seven (7) days calendar notice for any of the following reasons: a) Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party, b) Assignment of this Agreement or transfer of the project by either party to any entity without the prior written consent of the other party, c) suspension of the project or BCZ’s services by the Client for more than 90 days, consecutive or in the aggregate, d) material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule required for the performance of such changes. In the event of termination of this Agreement, the Client will, within fifteen (15) calendar days of termination, pay BCZ for all services rendered plus reimbursable costs incurred by BCZ up to the date of termination. Client may accept Engineers’ Proposal either by signature, oral assent, authorizing services, and any of these modes of acceptance shall be deemed to incorporate this proposal and Terms and Conditions into the contract between the parties thereby formed. Promotional Items: Project signs displayed at construction sites affected by this Agreement shall include Bruner, Cooper & Zuck, Inc., Civil Engineers and Land Surveyors. Articles for publication regarding this project shall acknowledge Bruner, Cooper & Zuck, Inc. as the Civil, Architect, Structural Engineer and/or Land Surveyor, as applicable. Bruner, Cooper & Zuck, Inc. reserves the right to publish photos regarding this project for marketing purposes as well as through social media. g:\office\terms & conditions\terms and conditions 2021.doc Bruner, Cooper & Zuck, Inc. TERMS AND CONDITIONS 2021 3 2021 ENGINEERING, ARCHITECTURAL AND LAND SURVEYING FEES HOURLY BILLING RATES Engineering, Architect and Land Surveying DIRECT COSTS Direct costs are in addition to hourly billing rates and may include but are not limited to the following: Principal $130.00 - $170.00 Robotics Survey Equipment $ 35.00 / Hour Senior Engineer $ 100.00 - $155.00 GPS Survey Equipment $ 35.00 / Hour Project Engineer $ 85.00 - $135.00 Survey Supplies (Hubs, Lathe, Mag Nails, etc.) $ Varies / Item Project Architect $ 80.00 - $135.00 Survey Marker $ 25.00 / Each Design Engineer $ 75.00 - $110.00 Concrete Survey Monument $ 20.00 / Each Project Manager $ 80.00 - $125.00 Iron Rod – Rebar $ 4.50 / Each Senior Land Surveyor $ 90.00 - $170.00 Tower Climbing $ 125.00 / Day Survey Crew Chief $ 65.00 - $110.00 Copies (In-House) 24” x 36” $ 4.00 / Each Survey Technician III $ 65.00 - $110.00 Copies (in-House) 18” x 24” $ 3.00 / Each Survey Technician II $ 45.00 - $ 65.00 Copies (In-House) 11” x 17” $ 1.00 / Each Survey Technician I $ 35.00 - $ 55.00 Copies (In-House) 8.5” x 11” $ .50 / Each Engineering Technician IV $ 80.00 - $115.00 Overnight Stay $Varies / Night Engineering Technician III $ 65.00 - $ 85.00 Per Diem $ 40.00 / Day Engineering Technician II $ 50.00 - $ 75.00 Traffic Counters (Per Lane) $500/48 Hr. Test Engineering Technician I $ 30.00 - $ 50.00 Mileage (Standard IRS Rate - 2020) $ 0.56/Mile Senior Architectural Technician $ 70.00 - $ 95.00 Sub Consultant Services Cost + 10% Architectural Technician $ 50.00 - $ 75.00 Other Direct Costs Cost Construction Observer $ 50.00 - $105.00 Senior Construction Observer $ 85.00 - $140.00 Senior Environmental Specialist $ 90.00 - $130.00 Office Manager $ 60.00 - $100.00 Controller $ 60.00 - $100.00 Administrative Assistant $ 35.00 - $ 65.00 1-Man Survey Crew $12500 2-Man Survey Crew $155.00 2021 MATERIAL TESTING FEES SOIL AND AGGREGATE *CONCRETE – Unconfined Compression Tests Standard Proctor Tests AASHTO T99-04 or ASTM D $170.00 / Each Cylinders Molded by BCZ (ASTM C39) $18.00 / Each Nuclear Density Gauge $ 11.00 / Test + Hourly Rate Cylinders Molded by others (ASTM C39) $20.00 / Each Penetrometer Test & Report $500.00 (minimum) 6” x 12” Concrete Cylinder Molds $ 2.50 / Each Particle Size Distribution Gradation; ASTM D6913 $ 80.00 / Each Cylinders held but not tested $10.00 / Each Washed Size Distribution Gradation; ASTM D6913 $140.00 / Each 2” Cubes (ASTM C109) $14.00 / Each 188 E. Simmons Street Galesburg, IL 61401 309.343.9282 308 N. 3rd Street Burlington, IA 52601 319.752.9282 835 Golden Valley Drive Bettendorf, IA 52722 563.355.1856 Grout Prisms 9(ASTM C1019) $24.00 / Each Flexural Strength Tests / Third Point Loading ASTM C78 $34.00 / Each Preparation of Concrete Cylinders Hourly Rate Slump, Air Content, Temperature Hourly Rate Sub Consultant Services Cost + 10% *Higher rates may apply when additional services are required. www.bczengineering.com Address: 120 Main St Property and Area Description: Located adjacent to city owned Park Plaza and near public parking Lot E. Within walking distance of 3 City public transit routes. Utilities: Electric Distribution: Ameren IP Natural Gas Distribution: Ameren IP Water: City of Galesburg Sewer: Galesburg Sanitary District Telecommunication Service: CenturyLink, Comcast Communications Date Entered:10/19/2021 Building Details: Zoning:B-3 Central Business Parking Spaces:2, potential for lot east of bldg Available (sq ft):5,040 per floor Land with Buildings (Acres):.112 Year Built:1896 Number of Stories:3 + full basement Ceiling Peak (ft):basement 7', 1st 15'9", 2nd 11', 3rd 11 1/2' Construction Type:3B Noncombustible/Combustible Unprotected Sprinkler System:None Owner Name:City of Galesburg Organization: Address:55 W Tompkins St Phone:309/345-3637 Fax: Email: Broker: Organization: Phone: Email: Contacts: E Galesburg IL 61401 CSZ:Galesburg, IL 61401 PIN:9915226023 Primary Building Use Vacant Secondary Building Use: Former Use: Geographic Boundaries (within): Enterprise Zone:YES National Historic District:YES Special Service Area:YES TIF I:No TIF II:No TIF III:No TIF IV:YES TIF V:No Downtown Strategic Plan:YES In 2020 city installed new membrane roof, did masonry & structural repairs to the east wall from floor line of the 3rd level up through parapet. There is some asbestos in basement on piping & floor tile and first floor tile. Additional Comments: Within 100 year floodplain:No Cell: Broker Cell: CITY OF GALESBURG Community Development Department Operating Under Council – Manager Government Since 1957 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 1 of 2 CITY OF GALESBURG COUNCIL LETTER DECEMBER 6, 2021 AGENDA ITEM: Agreement with Bruner, Cooper, and Zuck, Inc. to prepare a grant application for the State of Illinois Rebuild Downtowns and Main Streets Grant for the National Railroad Hall of Fame (NRHOF) Project. SUMMARY RECOMMENDATION: The City Manager, Director of Public Works and City Engineer recommend approval of an agreement with Bruner, Cooper, and Zuck, Inc. to prepare a grant application in an amount not to exceed $5,000. BACKGROUND: This is one of three projects the city intends to apply for through this program and consists of applying for construction of a new building south of the Amtrak Station to house the NRHOF. The City will be applying on behalf of the NRHOF for a $2.5 million grant from the program. Since the NRHOF is not a governmental entity a 50% match is required for the program which is proposed to be paid by the foundation. The Illinois Department of Commerce and Economic Opportunity (DCEO) is accepting applications for the Rebuild Downtowns and Main Streets Grant. This is a new one time grant program designed to bring investments to revitalize commercial corridors and main street areas statewide. The program leverages funds from the American Rescue Plan Act to provide grants for construction, repair and modernization of public infrastructure and amenities to boost jobs, improve quality of life and stimulate economic activity for areas hit hardest curing COVID-19. Projects must be located in a commercial center or downtown area and may include, but are not limited to: roadways, parking and public way improvements, parks and venues or plazas for public use, sustainability upgrades, structural repairs, and mixed-use or transit-oriented development. This grant opportunity is intended for infrastructure investment that has a strong and direct connection with efforts to promote recovery from the COVID-19 health and economic crisis. Priority will be given to projects that are located in a disproportionately impacted area, an Opportunity Zone, or a Qualified Census Tract. Projects that advance initiatives that are part of a regional or local plan will also score higher. The program is competitive and provides $50 million for projects across Illinois. The minimum grant size is $250,000 and the maximum grant size is $3 million. Since NRHOF is not a governmental entity there is a 50% match requirement. Based on a staff review of the grant requirements and consultation with the State Department of Economic Opportunity (DCEO), and Bruner, Cooper, and Zuck, Inc., it is proposed to apply for construction of a new building south of the Amtrack Station to house the NRHOF. The project is located in a qualified census tract in addition to being adjacent or nearby many businesses impacted by COVID, which would make it a strong application for the program. The estimated cost of the project would be $5 million with a proposed 50% local match from the NRHOF. The deadline to submit a project is January 10, 2022. Projects are anticipated to be selected in the summer of 2022 and would be constructed in 2023 if selected. 21-4120 ___________________________________________________________________________________________________________________________________________________________________________________________ Prepared by: WEC Page 2 of 2 BUDGET IMPACT: The grant application agreement amount of $5,000 would be paid from the Economic Development Fund (24). SUPPORTING DOCUMENTS: 1.Agreement with Bruner, Cooper, and Zuck, Inc. 2. NRHOF Concept Renderings 835 Golden Valley Drive Bettendorf, IA 52722 563.355.1856 188 E. Simmons Street Galesburg, IL 61401 309.343.9282 308 N. 3rd Street Burlington, IA 52601 319.752.9282 www.bczengineering.com November 29, 2021 Mr. Wayne Carl City Hall 55 West Tompkins Street Galesburg, Illinois 61401 Subject: Proposal for Grant Application Services for National Railroad Hall of Fame (NRRHOF) to be located South of existing Galesburg Depot Rebuild Downtowns and Main Streets Capital Grant Program (RDMS) Galesburg, Illinois Dear Wayne: Thank you for contacting our firm regarding services required for subject project. We are certainly interested in this Project, and we are pleased to present this brief proposal for your consideration. After discussing this Project with you, we anticipate the following Scope of Work for the new NRRHOF to be located southwest of the current Galesburg train depot: 1. Prepare Rebuild Downtowns and Main Streets Capital Grant Program (RDMS) grant application by January 10, 2022, deadline. Our proposal is contingent on the NRRHOF providing our firm with schematic architectural drawings and an estimate of project cost. Based upon the above outlined Scope of Work, we propose that our total fee for this Project will not exceed $5,000. Our firm is available to begin work on this Project immediately upon City authorization. Thank you again for the opportunity to submit this proposal, and please feel free to contact that undersigned with any questions or comments that you may have. BRUNER, COOPER & ZUCK, INC. Engineers, Architects & Land Surveyors City of Galesburg, Wayne Carl - 2 - November 29, 2021 Thank you again for the opportunity to submit this proposal, and please feel free to contact that undersigned with any questions or comments that you may have. Sincerely, BRUNER, COOPER & ZUCK, INC. Kevan J. Cooper, P.E., P.L.S. pbb enc The undersigned accepts this proposal and our Terms and Conditions attached hereto: Proposal and Terms & Conditions accepted this day of , 2021 Signature: Print: Bruner, Cooper & Zuck, Inc. TERMS AND CONDITIONS 2021 1 Standard of Care: Services provided by Bruner, Cooper & Zuck, Inc. (BCZ) under this Agreement will be performed in a manner consistent with the human degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in this geographic area. Additional Services: When additional services beyond the defined scope are requested, an amendment will be prepared by and approved by the Client prior to commencing work. Additional services shall be performed on a time and material basis at BCZ’s Standard Hourly Rates, or for a negotiated fee. Responsibilities of the Client: The Client shall be required to provide full information regarding the requirements for this project and shall designate a representative authorized to act on its behalf with respect to the Project. All communication and authorization shall be by or through this representative. The Client shall examine documents prepared by BCZ and shall render decisions related to the project promptly, to avoid unreasonable delay in the performance of services. If the Client becomes aware of any fault or defect in BCZ’s services or non-conformance with the agreed to Scope of Services, the Client will provide prompt notice to BCZ. The Client will provide access to all areas necessary for completion of this project. Any expense related to notification of landowners or obtaining access rights will be at the Client’s sole expense unless indicated otherwise under Scope of Services. If BCZ is not given access to areas necessary for completion of this project during scheduled site visits, BCZ will inform the client of difficulties in accessing the property and will invoice the Client for repeat visits as an additional service. Engagement of Sub consultants: BCZ may engage the services of sub consultants when, in BCZ’s sole opinion, it is appropriate to do so to complete the required Scope of Work. These sub consultants may include but are not limited to: Geotechnical, Mechanical or Electrical Engineers, Architects, Landscape Architects, and testing laboratories. Billing/Payment: The Client agrees to pay BCZ for all services performed and all costs incurred. Invoices for BCZ’s services shall be submitted either upon completion of such services or on a monthly basis. Invoices shall be due and payable within 30 days of invoice date. Client shall notify BCZ of any objections to the invoice within five working days of receipt. Payment of any invoice indicates Client’s acceptance of this Agreement and satisfaction with BCZ’s services. Payment of invoices is in no case subject to unilateral discounting, back-charges, or set-offs by the Client, and payment for services rendered is due regardless of suspension or termination of this Agreement by either party. A finance charge (late fee), computed by a single periodic rate of 1.5% per month which is an annual percentage rate of 18%, will be added to the total account balance for accounts over 30 days old. The minimum finance charge is $5.00. In the event, any portion of an account remains unpaid 120 days after the billing, BCZ may institute collection action. If BCZ is successful in collection proceedings, the Client agrees to pay the fee due, plus interest, as well as all costs of collection, and BCZ’s reasonable attorney’s fees. In no case will with Client postpone, withhold or make payment contingent upon the construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties, firms, agencies, or individuals. Indemnifications: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless BCZ, its officers, directors, employees, agents and consultants from and against all damage, liability and cost, including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of BCZ. Limitation of Liability: It is agreed that BCZ’s liability for this project for negligent acts, errors, or omissions, and all claims, losses, cost, damages, cost of defense, expenses from any cause, including Client, Contractors, and Attorney fees, is limited to fees collected or $50,000, whichever is greater. In addition, BCZ assumes no responsibility for the existence, discharge of or exposure to any hazardous, toxic, or infectious materials, and assumes no responsibility for the removal or other services. Therefore, except in claims arising from the negligent acts and errors of BCZ, the client agrees to hold harmless and indemnify BCZ from all claims or damages arising from or alleged to arise from such existence, discharge, or exposure. Information Provided by Others: The Client shall furnish, at the Client’s expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. BCZ may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. BCZ shall not be held responsible for any errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Client’s consultants and contractors. Certification, Guarantees and Warranties: BCZ shall not be required to execute any document that would result in the Engineer certifying, guaranteeing or warranting the existence of any conditions. Engineer’s findings, interpretations, opinions, and recommendations are probabilities based on Engineer’s professional judgment of site conditions as discernible from the limited, and often indirect, information provided by others, information available to Engineer at the time the work was performed, or information observed or developed by Engineer using the methods specified in the scope of work. Engineer does not warrant the accuracy, completeness, or validity of information and independent opinions, conclusions, and recommendations provided or developed by others, nor does Engineer assume any responsibility for documenting or reporting conditions detectable with methods or techniques not specified in the scope of work. Dispute Resolution: Any claims or disputes between the Client and BCZ arising out of the services to be provided by BCZ or out of this Agreement shall be submitted to non-binding mediation. The Client and BCZ agree to include a similar mediation agreement with all contractors, sub consultants, subcontractors, suppliers and fabricators, providing for mediations as the primary method of dispute resolution among all parties. The laws of the State of Illinois will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in the courts of that State. Means and Methods: BCZ shall not be responsible for, nor have controls over or charge of, construction means, methods, sequence, techniques, or procedures, or for any health or safety precautions required by any regulatory agencies in connection with the project. In cases where a General Contractor is present on a project, the Client agrees that the General Contractor will be solely responsible for jobsite safety and warrants that this intent shall be carried out in the Client’s contract with the general Contractor. The Client also agrees that the Client, BCZ and sub consultants of BCZ will be indemnified by the General Contractor and will be made additional insureds under the General Contractor’s policies of General Liability Insurance. Construction Observation: If required under Scope of Services, BCZ shall visit the construction site at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the Client and BCZ, in order to observe the progress and quality of the work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or detailed inspection of the Contractor’s work but rather to allow BCZ, as an experienced professional firm, to become generally familiar with the work in progress and to determine, in general, if the project is proceeding in accordance with contract documents. Based upon this observation, BCZ will inform the Client about the progress of the work and will attempt to guard the Client against obvious non-compliance with project specifications. When BCZ does not provide construction observation services, it is agreed that the professional services of BCZ do not extend to or include the review or site observation of the Contractor’s work, performance, or pay request approval. During construction, the Client assumes the role of the Engineer and will hold harmless BCZ for the Contractor’s performance or the failure of the Contractor’s work to conform to the design intent and the contract documents. Adjustments, Changes or Additions: It is understood that adjustments, changes, or additions may be necessary during construction. A contingency fund will be maintained until construction is completed to pay for field changes, adjustments, or increased scope items. All change order amounts requested by Contractors constructing BCZ-designed systems shall be submitted to BCZ for review prior to being approved by contract holder. BCZ will not approve amounts requested that are above a normal bid amount for the work involved. In no case, will costs be assessed to BCZ at the discretion of the Contractor, the Client, or the Owner without prior agreement and approval of BCZ. BCZ shall not be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. Integrity of Work Products: In the event the Client, the client’s contractors or subcontractors, or anyone for whom the Client is legally liable makes, orders, or permits to be made any changes to reports, plans, specifications, or construction documents prepared by BCZ without obtaining BCZ’s prior written consent, the Client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to assume sole responsibility and waive any and all potential claims against BCZ and to release BCZ from any liability arising directly or indirectly from such changes. Bruner, Cooper & Zuck, Inc. TERMS AND CONDITIONS 2021 2 If required under Scope of Services, BCZ will compile and deliver to the Client a reproducible set of Record Documents based upon the marked-up drawings, addenda, change orders and other data furnished by the Contractor. These record Documents will show significant changes made during construction. Because Record Documents are based upon unverified information provided by other parties, BCZ cannot warrant the accuracy of these changes. Suspension of Services: If the Client fails to make payments when due or is otherwise in breach of this Agreement, BCZ may terminate this agreement, or suspend performance of services upon seven (7) calendar day’s notice to the Client. BCZ shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by the Client’s breach of contract. Upon payment in full by the Client, BCZ shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspensions plus any other reasonable time and expense necessary for BCZ to resume performance. Termination and Acceptance: Either party may terminate this Agreement upon giving the other party not less than seven (7) days calendar notice for any of the following reasons: a) Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party, b) Assignment of this Agreement or transfer of the project by either party to any entity without the prior written consent of the other party, c) suspension of the project or BCZ’s services by the Client for more than 90 days, consecutive or in the aggregate, d) material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule required for the performance of such changes. In the event of termination of this Agreement, the Client will, within fifteen (15) calendar days of termination, pay BCZ for all services rendered plus reimbursable costs incurred by BCZ up to the date of termination. Client may accept Engineers’ Proposal either by signature, oral assent, authorizing services, and any of these modes of acceptance shall be deemed to incorporate this proposal and Terms and Conditions into the contract between the parties thereby formed. Promotional Items: Project signs displayed at construction sites affected by this Agreement shall include Bruner, Cooper & Zuck, Inc., Civil Engineers and Land Surveyors. Articles for publication regarding this project shall acknowledge Bruner, Cooper & Zuck, Inc. as the Civil, Architect, Structural Engineer and/or Land Surveyor, as applicable. Bruner, Cooper & Zuck, Inc. reserves the right to publish photos regarding this project for marketing purposes as well as through social media. g:\office\terms & conditions\terms and conditions 2021.doc Bruner, Cooper & Zuck, Inc. TERMS AND CONDITIONS 2021 3 2021 ENGINEERING, ARCHITECTURAL AND LAND SURVEYING FEES HOURLY BILLING RATES Engineering, Architect and Land Surveying DIRECT COSTS Direct costs are in addition to hourly billing rates and may include but are not limited to the following: Principal $130.00 - $170.00 Robotics Survey Equipment $ 35.00 / Hour Senior Engineer $ 100.00 - $155.00 GPS Survey Equipment $ 35.00 / Hour Project Engineer $ 85.00 - $135.00 Survey Supplies (Hubs, Lathe, Mag Nails, etc.) $ Varies / Item Project Architect $ 80.00 - $135.00 Survey Marker $ 25.00 / Each Design Engineer $ 75.00 - $110.00 Concrete Survey Monument $ 20.00 / Each Project Manager $ 80.00 - $125.00 Iron Rod – Rebar $ 4.50 / Each Senior Land Surveyor $ 90.00 - $170.00 Tower Climbing $ 125.00 / Day Survey Crew Chief $ 65.00 - $110.00 Copies (In-House) 24” x 36” $ 4.00 / Each Survey Technician III $ 65.00 - $110.00 Copies (in-House) 18” x 24” $ 3.00 / Each Survey Technician II $ 45.00 - $ 65.00 Copies (In-House) 11” x 17” $ 1.00 / Each Survey Technician I $ 35.00 - $ 55.00 Copies (In-House) 8.5” x 11” $ .50 / Each Engineering Technician IV $ 80.00 - $115.00 Overnight Stay $Varies / Night Engineering Technician III $ 65.00 - $ 85.00 Per Diem $ 40.00 / Day Engineering Technician II $ 50.00 - $ 75.00 Traffic Counters (Per Lane) $500/48 Hr. Test Engineering Technician I $ 30.00 - $ 50.00 Mileage (Standard IRS Rate - 2020) $ 0.56/Mile Senior Architectural Technician $ 70.00 - $ 95.00 Sub Consultant Services Cost + 10% Architectural Technician $ 50.00 - $ 75.00 Other Direct Costs Cost Construction Observer $ 50.00 - $105.00 Senior Construction Observer $ 85.00 - $140.00 Senior Environmental Specialist $ 90.00 - $130.00 Office Manager $ 60.00 - $100.00 Controller $ 60.00 - $100.00 Administrative Assistant $ 35.00 - $ 65.00 1-Man Survey Crew $12500 2-Man Survey Crew $155.00 2021 MATERIAL TESTING FEES SOIL AND AGGREGATE *CONCRETE – Unconfined Compression Tests Standard Proctor Tests AASHTO T99-04 or ASTM D $170.00 / Each Cylinders Molded by BCZ (ASTM C39) $18.00 / Each Nuclear Density Gauge $ 11.00 / Test + Hourly Rate Cylinders Molded by others (ASTM C39) $20.00 / Each Penetrometer Test & Report $500.00 (minimum) 6” x 12” Concrete Cylinder Molds $ 2.50 / Each Particle Size Distribution Gradation; ASTM D6913 $ 80.00 / Each Cylinders held but not tested $10.00 / Each Washed Size Distribution Gradation; ASTM D6913 $140.00 / Each 2” Cubes (ASTM C109) $14.00 / Each 188 E. Simmons Street Galesburg, IL 61401 309.343.9282 308 N. 3rd Street Burlington, IA 52601 319.752.9282 835 Golden Valley Drive Bettendorf, IA 52722 563.355.1856 Grout Prisms 9(ASTM C1019) $24.00 / Each Flexural Strength Tests / Third Point Loading ASTM C78 $34.00 / Each Preparation of Concrete Cylinders Hourly Rate Slump, Air Content, Temperature Hourly Rate Sub Consultant Services Cost + 10% *Higher rates may apply when additional services are required. www.bczengineering.com of 2 “When guests leave this place, they should say, ‘I like railroads. They’re part of my future.’” Michael R. Haverty, Chairman (retired) Kansas City Southern Railway 3 Architectural Design The Engines of Freedom visitor attraction anchors the cultural district. The building’s design offers guests generous views of triple-track freight and passenger traffic just outside the window. 4 Central Station Central Station is an energizing space filled with the sights and sounds of trains to immerse the visitor in the world of modern railroading. 5 Central Station Kinetic images swirling across the ceiling captivate visitors with a variety of trains thundering through the beautiful American landscape. 6 Wall of Fame At the touch of a finger, these animated portraits enlarge and come alive to tell the stories of the men and women who made some of the greatest contributions to American railroading—the inductees of the National Railroad Hall of Fame. 7 Railroad Timeline A graphic timeline encircling the walls of Central Station orients visitors to the seminal moments in American railroad story. 8 Spirit of the Railroaders The Spirit of The Railroaders is a legacy of vision, ingenuity and courage. In this gallery, guests discover how that spirit lives on in the industry to- day. 9 Family of Railroaders The Family of Railroaders story tree invites visitors to meet the men and women behind the trains. Guests select a portrait from the interactive kiosk to hear a personal story of life on the railroads. 10 Train Viewing Gallery Young and old alike will want to linger in this space. The train viewing gallery combines the best of interactive, immersive system maps with the excitement of live freight and passenger traffic right outside the window. 11 Interactive System Maps Interactive media screens surround the train viewing area, reminding visitors that passing trains are part of an expansive national network delivering the commodities and con- sumer goods they rely on every day. 12 Flexible Exhibition Gallery The Flexible Exhibition Gallery entices guests to return again and again to enjoy a variety of special exhibits and touring shows. 13 Retail As guests leave the facility, they can choose from a variety of carefully selected items to remind them of their remarkable journey into the world of American railroad- ing. 14 Julie King, Executive Director 311 East Main Street, Suite 513 Galesburg, Illinois 61401 309.345.4634 Office 309.368.7842 Mobile Architectural Design Exhibit Design National Railroad Hall of Fame ORDINANCE NO. An ordinance levying taxes for all town purposes for the Town of the City of Galesburg, Knox County, Illinois, for the tax year 2021, collectable in 2022. BE IT ORDAINED by the Board of Trustees of the Town of the City of Galesburg Township, Knox County, Illinois. SECTION 1: That the sum of Five Hundred Thirty One Thousand Dollars ($531,000) are hereby levied upon all property subject to taxation within the Townships that property is assessed and equalized, in order to meet and defray all necessary expenses and liabilities of the Township as required by statute or voted by the people in accordance with the law, for such purposes as: Town Fund General Assistance Fund IMRF Fund Social Security & Medicare Fund Liability Fund Audit Fund SECTION 2: That levied for each object and purpose shall be as follows: Amount Levied GENERAL TOWN FUND ADMINISTRATION Personnel $92,000 Contractual Services $2,000 Commodities $2,000 Other Expenditures $2,000 TOTAL ADMINISTRATION:$98,000 ASSESSOR Personnel $166,000 Contractual Services $4,000 Commodities $7,000 Capital Outlay $6,000 Other Expenditures $4,000 TOTAL ASSESSOR:$187,000 TOTAL GENERAL TOWN FUND:$285,000 AUDIT FUND Contractual Services $7,000 21-9026 TOTAL AUDIT FUND:$7,000 INSURANCE FUND Personnel $0 Contractual Services $8,000 TOTAL INSURANCE FUND:$8,000 ILLINOIS MUNICIPAL RETIREMENT FUND (IMRF) Personnel $34,0000 TOTAL IMRF FUND:$34,000 SOCIAL SECURITY FUND Personnel $34,000 TOTAL SOCIAL SECURITY FUND:$34,000 GENERAL ASSISTANCE FUND ADMINISTRATION Personnel $79,000 Contractual Services $2,000 Commodities $2,000 Other Expenditures TOTAL ADMINISTRATION:$83,000 HOME RELIEF Contractual Services $29,000 Commodities $28,000 Other Expenditures $23,000 TOTAL HOME RELIEF:$80,000 TOTAL GENERAL ASSISTANCE FUND:$163,000 TAX LEVY SUMMARY General Corporate Tax $285,000 Audit Tax $7,000 Insurance Tax $8,000 Illinois Municipal Retirement Tax $34,000 Social Security Tax $34,000 Public Assistance Tax $163,000 TOTAL TAXES LEVIED:$531,000 SECTION 3: That the Town Clerk shall make and file with the County Clerk of Knox County, on or before the last Tuesday of December, a duly certified copy of this ordinance. SECTION 4: That if any section, subdivision, or sentence of this ordinance shall for any reason be held invalid or unconstitutional, such finding shall not affect the validity of the remaining portion of this ordinance. SECTION 5: That this ordinance shall be in full force and effect after its adoption, as provided by law. Approved this day of December 2021 by a roll call vote as follows: Roll Call #: Ayes: Nays: Absent: Christine Eik Winick, Township Supervisor ATTEST: Peter D. Schwartzman, Trustee Kelli R. Bennewitz, Township Clerk ORDINANCE NO. An ordinance appropriating for all town purposes for Township, Knox County, Illinois, for the fiscal year beginning January 1, 2022, and ending December 31, 2022. BE IT ORDAINED by the Board of Trustees of the Town of the City of Galesburg Township, Knox County, Illinois. SECTION 1: That the amounts hereinafter set forth, or so much thereof as may be authorized by law, and as may be needed or deemed necessary to defray all expenses and liabilities of the Town of the City of Galesburg Township, be and the same are hereby appropriated for the town purposes of the Town of the City of Galesburg Township, Knox County, Illinois, as hereinafter specified for the fiscal year beginning January 1, 2022, and ending December 31, 2022. SECTION 2: That the following budget containing an estimate of revenues and expenditures is hereby adopted for the following funds, Town Fund General Assistance Fund IMRF Fund Social Security & Medicare Fund Liability Fund Audit Fund 1.General Town Fund Beginning Balance 1/1/2022 $507,934.00 Revenues Property Tax $310,500.00 Replacement Tax $60,000.00 Interest Income $200.00 Total Revenues $370,700.00 Total Funds Available $878,634.00 Expenditures Administration $173,753.00 Assessor $342,000.00 Total Expenditures $515,753.00 Ending Balance 12/31/2022 $362,881.00 1.11 Administration 21-9027 Personnel Salaries $116,253.00 Total $116,253.00 Contractual Services Legal & Professional Service $2,500.00 Travel Expenses - Other $2,000.00 Total $4,500.00 Commodities Office Supplies/Postage/Publications $3,500.00 Operating Supplies Total $3,500.00 Other Expenditures Building - Maintenance $20,000.00 Town Hall $17,000.00 Miscellaneous Expense $500.00 Contingencies $1,000.00 Capital Outlay - Equipment $5,000.00 Maintenance Agreement $4,000.00 Bonds $2,000.00 Total $49,500.00 Total Administration $173,753.00 1-12 Assessor Personnel Salaries $218,000.00 Health Insurance $75,000.00 Total $293,000.00 Contractual Services Maintenance Agreements $6,700.00 Maintenance Service - Vehicle $3,000.00 Travel & Training - Assessor $2,500.00 Travel & Training - Office $5,500.00 Legal & Professional $10,000.00 Total $27,700.00 Commodities Office Supplies & Postage $6,500.00 Total $6,500.00 Capital Outlay Equipment $10,000.00 Vehicle Total $10,000.00 Other Expenditures Miscellaneous Expense $500.00 Contingencies $4,000.00 Other Post Employment Benefits $300.00 Total $4,800.00 Total Assessor $342,000.00 Total Town Fund $515,753.00 11 Audit Fund Beginning Balance 1/1/2022 $17,818.97 Revenues: Property Tax $22,000.00 Interest Income $10.00 Total Revenues $22,010.00 Total Funds Available $39,828.97 Contractual Services Accounting Service $20,000.00 Office Supplies $0.00 Total Expenditures $20,000.00 Ending Balance 12/31/2022 $19,828.97 12 Liability Fund Beginning Balance 1/1/2022 $31,191.94 Revenues: Property Tax $2,500.00 Interest Income $10.00 Total Revenues $2,510.00 Total Funds Available $33,701.94 Expenditures Unemployment Insurance $600.00 Worker’s Compensation - Town $1,800.00 Worker’s Compensation - General Assistance $300.00 Office Supplies $0.00 Contractual Services Liability Insurance $5,000.00 General Insurance Risk Management Total Expenditures $7,700.00 Ending Balance 12/31/2022 $26,001.94 Illinois Municipal Retirement Fund Beginning Balance 1/1/2022 $116,000.34 Revenues Property Tax $34,000.00 Replacement Tax Interest Income $30.00 Total Revenues:$34,030.00 Total Funds Available $150,030.34 Expenditures Personnel Retirement Contribution $34,000.00 Office Supplies $40.00 Total Expenditures $34,040.00 Ending Balance 12/31/2022 $115,990.34 Social Security/Medicare Fund Beginning Balance 1/1/2022 $74,345.82 Revenues Property Tax $28,000.00 Replacement Tax Interest Income $10.00 Total Revenues $28,010.00 Total Funds Available $102,355.82 Expenditures Personnel Social Security/Medicare $34,000.00 Office Supplies $0.00 Total Expenditures $34,000.00 Ending Balance 12/31/2022 $68,355.82 General Assistance Fund Beginning Balance 1/1/2022 $682,811.00 Revenues Property Tax $134,000.00 Interest Income $150.00 Other Townships $20,000.00 Total Revenues $154,150.00 Total Funds Available $836,961.00 Expenditures 15.11 Administration $153,800.00 15.31 Home Relief $280,000.00 Total Expenditures $433,800.00 Ending Balance 12/31/2022 $403,161.00 15.11 Administration Personnel Salaries $115,000.00 Health Insurance $16,000.00 Total Expenditures $131,000.00 Contractual Services Professional Services - Legal $200.00 Travel Expenses $1,000.00 Bonds $0.00 Total Expenditures $1,200.00 Commodities Maintenance Supplies-Equipment Maintenance Agreements $2,000.00 Office Supplies & Postage $3,500.00 Total Expenditures $5,500.00 Capital Outlay Equipment $10,000.00 Total Expenditures $10,000.00 Other Expenditures Miscellaneous Expense $1,000.00 Contingencies $5,000.00 Other Post Employment Benefits $100.00 Total Expenditures $6,100.00 Total Administration $153,800.00 15.31 Home Assistance Contractual Services Medical and Dental Services $10,000.00 Shelter $83,000.00 Utilities $24,000.00 Funeral & Burial Service $4,000.00 Ambulance $1,500.00 Total Expenditures $122,500.00 Commodities Food $35,000.00 Personal/Household Needs/Clothing $40,500.00 Client Misc./Insurance/Bus Passes/Laundry $12,000.00 Total Expenditures $87,500.00 Other Expenditures Assistance Transportation/Misc.$3,000.00 Emergency Assistance - Rent $23,000.00 Emergency Assistance - Utilities $40,000.00 Emergency Assistance - Misc.$4,000.00 $70,000.00 Total Home Relief $280,000.00 Total General Assistance $433,800.00 Section 3: That the amount appropriated for town purposed for the fiscal year beginning January 1, 2022, and ending December 31, 2022, by fund shall be as follows: General Town Fund $515,753 Audit Fund $20,000 Liability Fund $7,700 Social Security/Medicare Fund $34,000 Illinois Municipal Retirement Fund (IMRF)$34,040 General Assistance Fund $433,800 Total Appropriations $1,045,293.00 Approved this day of December 2021 by a roll call vote as follows: Roll Call #: Ayes: Nays: Absent: Christine Eik Winick, Township Supervisor ATTEST: Peter D. Schwartzman, Trustee Kelli R. Bennewitz, Township Clerk TOWN OF THE CITY OF GALESBURG Date: December 6, 2021 Agenda Number: 21-9028 TOWN FUND $1,551.35 GENERAL ASSISTANCE FUND $3,482.25 IMRF FUND SOCIAL SECURITY/MEDICARE FUND $2,446.07 LIABILITY FUND AUDIT FUND TOTAL $7,479.67