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Packet - 3/18/2024 - City Council
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, March 18, 2024, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 1.Call to Order. 2.Roll Call. 3. Pledge of Allegiance. 4. Public Comment. 5. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A.Arbor Day Proclamation B.Fiesta Days Event (McHenry Area Chamber of Commerce) – As presented, a) accept the McHenry Area Chamber of Commerce’s Annual Fiesta Days event schedule; b) grant use of Parks, Police, and Public Works for various services related to the event at 50% of the actual cost; c) approve the special event liquor license; d) approve placement of temporary advertising signs as presented; and e) approve the fireworks display on Sunday, July 14th in conjunction with the event (Director Hobson) C.Ordinance prohibiting the use of groundwater as a potable water supply by the installation or use of potable water supply wells or by any other method on or around the property at 3811 W Elm Street in the City of McHenry (Director Polerecky) D.Resolution Authorizing Mayor Jett and Deputy Clerk Johnson to convey the governmental entity’s interest in .117 acres of 914 Front Street in McHenry County, Illinois to the People of the State of Illinois, Department of Transportation for highway purposes for the sum of Forty- Three Thousand, One Hundred and no/100 Dollars ($43,100.00) (Director Polerecky) E.Parks & Recreation Facilities & Special Use Permit Requests F.March 4, 2024 City Council Meeting Minutes G.Issuance of Checks in the amount of $285,873.21 H. As Needed Checks in the amount of $53,445.34 1 The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. 6. Discussion Item Agenda A. Olde Mill Ponds HOA Water Supply Discussion (Director Polerecky) B. Presentation and Discussion of the Proposed 2024/2025 Fiscal Year Budget for the following funds – General Fund, General Operating Departments, Recreation Center Fund, Water Fund, Sewer Fund, and Utility Fund (City Administrator Ostrovsky) 7. Individual Action Item Agenda A. Parks Special Use Permit for Private Fireworks Motion to allow the reservation of the Petersen Park Beachfront on May 4, 2024 to allow for the accommodation of a private fireworks display, contingent upon the submittal and approval of the Fireworks Display Application by the Fire District and the City of McHenry Police Department (Director Hobson) B. Taylor Place Apartments Pass an Ordinance Authorizing the Mayors Execution of a Development Agreement with Taylor Place Apartments – McHenry LLC for the Taylor Place Apartments Multifamily Development (Director Polerecky) C. Police Body Worn Camera / In-Squad Car Camera System Authorize Mayor to execute a five-year agreement with Axon Inc. for the purchase and use of body-worn and in-squad cameras, for an amount not to exceed $808,790.88 over a five-year period with the first payment being on or after May 1, 2024 (Chief Birk) D. 2024 Road Resurfacing Program Motion to award the 2024 Road Program to Peter Baker and Son Company of Lake Bluff, Illinois in the amount of $1,838,817.24 for the Base Bid and accept the Alternate Bid for $283,760.56 for a contract total of $2,122,577.80 and approve a construction contingency in the amount of ten percent (10%) of the awarded contract price ($212,257.78); and to pass an IDOT Resolution for Maintenance authorizing the use of $1,500,000 of State Motor Fuel Tax Funds for the project (Director Wirch) E. Fueling Station A motion to authorize the Mayor execute a five-year equipment agreement with RelaDyne Fuel and authorize the City Administrator to approve all annual re-occurring fuel price contracts with RelaDyne Fuel for the term of the equipment agreement (Director Wirch and Chief Birk) 8. Staff Reports. Provided the 1st meeting of each month. 9. Mayor’s Report. 10. City Council Comments. 11. Executive Session if needed. 2 The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/85011987441 3 PROCLAMATION WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; WHEREAS, Arbor Day is now observed throughout the nation and the world; WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; WHEREAS, trees are a renewable resource, enhance property values and the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal; WHEREAS, the City of McHenry has been recognized as a Tree City USA for 29 consecutive years by the Arbor Day Foundation and desires to continue its tree-planting ways. NOW, THEREFORE, BE IT RESOLVED, I Wayne Jett Mayor of the City of McHenry and the McHenry City Council do hereby proclaim April 26, 2024, as Arbor Day in the City of McHenry and urge all citizens to celebrate Arbor Day and support the protection of our trees and woodlands. FURTHER, we urge all citizens to plant and care for trees to gladden the heart and promote the well-being of future generations. ___________________________________ Mayor Jett 4 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.cityofmchenry.org/park_recreation The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: March 18, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Area Chamber of Commerce 2024 Fiesta Days ATT: Schedule of Events Sign Location List Agenda Item Summary. Attached for the City Council’s review and consideration is the schedule of events for the McHenry Area Chamber of Commerce’s Annual Fiesta Days. The Chamber is requesting permission to use Petersen and Veterans Memorial parks; a special event liquor license to sell beer and wine in Petersen Park and Veterans Memorial Park; installation of temporary advertising signs in designated rights-of-way; use of the Parks, Police, and Public Works departments to provide various services for the events; and permission for the display of the City’s annual fireworks show in conjunction with the event on Sunday evening. Background. Fiesta Days events will be held at various times beginning Thursday, July 11, culminating with the parade on Sunday, July 21, as presented in the attached schedule of events. Conditioned upon approval of the Fiesta Days schedule, the Chamber is requesting a special event liquor license to serve beer and wine in Petersen Park on Thursday, July 11, Friday, July 12, Saturday, July 13, Sunday, July 14 and in Veterans Memorial Park on Thursday, July 18. Every effort will be made by the Chamber to ensure that underage visitors will not be served alcoholic beverages, and I.D. wristbands will be required to purchase alcohol. Also included in this year’s event schedule is the inclusion of the Independence Day Fireworks Show into the first weekend of Fiesta Days. The Chamber would supplement the City fireworks budget adding $5,000 to the usual $15,000 show. The show would be shot on Sunday, July 14 at the usual time of 9:30pm. 5 Beer/Wine Sales. The standard timeframe to service beer and wine will be observed. Beer and wine ticket sales will cease one-half hour prior to close of the event, and service will be prohibited 15 minutes prior to close of the event, as depicted in the following schedule. Park Use/City Services Fees. In 2013, the city developed a new fee structure with the Chamber regarding the Music Fest weekend at Petersen Park. The fee structure requires the Chamber to pay 50% of City staffing costs associated with the Music Fest schedule. In 2017, the Council approved the addition of Thursday night to the Music Fest lineup with the same fee structure. Requests or staffing requirements in addition to the usual and customary services will be paid at 100%. Temporary Advertising Signs. As in past years, the Chamber is requesting permission to place 24’’ round signs advertising Fiesta Days in rights-of-way in front of local sponsor businesses. Signs will be installed the week before the event and removed the following day. A list of proposed sign locations is attached. Analysis. Fiesta Days is one of the biggest annual events in McHenry County. It offers something for everyone and draws thousands of visitors to the City. Fiesta Days would not be possible without the cooperation of the Chamber of Commerce, countless volunteers, and the City of McHenry. Recommendation. If City Council concurs, then a motion should be considered to a) accept the McHenry Area Chamber of Commerce’s Annual Fiesta Days event schedule; b) grant use of Parks, Police, and Public Works for various services related to the event at 50% of the actual cost; c) approve the special event liquor license; d) approve placement of temporary advertising signs as presented; and e) approve the fireworks display on Sunday, July 14 in conjunction with the event. Petersen Park Veterans Memorial Park Thursday, July 11 6:00 PM - 9:45 PM Thursday, July 18 5:00 PM – 9:15 PM Friday, July 12 5:00 PM - 10:45 PM Saturday, July 13 5:00 PM - 10:45 PM Sunday, July 14 11:00 AM - 10:15 PM 6 February 28, 2024 Mayor Wayne Jett & City Council Members City of McHenry 333 S. Green Street McHenry, IL 60050 Dear Mayor Jett & City Council Members: On behalf of the McHenry Area Chamber of Commerce Board of Directors and Fiesta Days Committee, we thank you for allowing us to present Fiesta Days 2024. Our event schedule is similar to 2023. We will kick off the event with Cask and Barrel at Petersen Park on Thursday, and then have Music Fest on Friday through Sunday of the first weekend. Once again, Sunday is a free family day, including Beach Bash, the car show, and bands in the evening. We hope to continue the collaboration of fireworks on the last day of Music Fest Weekend. Our second week is at Veteran’s Memorial Park and downtown with our Parade Marshal Ceremony/Concert in the Park on Thursday, Art and Street Fair on Saturday, and parade on Sunday. Please note that in addition to the attached schedule, we are seeking approval for sign locations indicated. We appreciate the continued support that we receive from the City of McHenry, and we look forward to a successful Fiesta Days. Yours truly, Molly Ostap Molly Ostap, President 7 TO: Mayor Wayne Jett & City Council FROM: Molly Ostap, President & Fiesta Days Committee DATE: February 28, 2024 SUBJ: 2024 Fiesta Days Signs On behalf of the McHenry Area Chamber of Commerce Board of Directors and Fiesta Days Committee, we are requesting approval to put up signs at the following establishments: Signs would be round 2’x2’ in size. These would be put up July 5th and taken down July 22nd. 1. Castle Autoplex McHenry (5) 17. Black Diamond 2. McHenry Bank & Trust 18. Sustainable Staffing 3. First Midwest Bank 20. Advocate Good Shepherd Clinic 4. Home State Bank 21. Chas. Herdrich & Son 5. Ignite Medical Resorts 22. Plum Garden Restaurant 6. Habitat for Humanity 23. General Exterior Construction 7. Mercy Health Care 24. Center for Therapeutic Services 8. Northwestern Medicine 25. McHenry Ace Hardware 9. Meijer (McCullom Lake Road and Rt 31) 26. The UPS Store 10. Home Depot 28. Petersen Park 11. Buss Ford 29. BMO Harris Bank 12. City of McHenry Municipal Drive Entrance 30. Verlo 13. jh Events and Flowers 31. Rock Solid Builders 14. Luce Orthodontics 32. Porte Brown (rte. 31) 15. McHenry Savings Bank 33. Bear Family Restaurants 16. Second Amendment Sports 34. Rita’s Italian Ice These sign locations may change as sponsors change, however we anticipate all of the above will participate. The signs are promoting Fiesta Days, a community-wide event and not their business. Please let me know if this meets with your approval and the next step we need to take. Thank you for you consideration! 8 Fiesta Days 2024 Schedule Music Fest Weekend (Petersen Park) July 11 – Cask and Barrel Night July 12– Music Fest Friday (bands, carnival) – NEW THIS YEAR - free gate entry from 5:00- 6:00pm on Friday July 13 – Music Fest Saturday (bands, carnival) July 14 – Beach Bash Sunday (bands, carnival, kids activities, Car Show, Fireworks) – Free Day for Families – New this year, Parks and Rec will move Big Wheels race to Beach Bash Sunday Art and Street Fair Weekend (downtown McHenry) July 18 – Concert in the Park/Parade Marshal Ceremony at Veteran’s Park July 20 – Arts and Crafts in the Park (both Veteran’s Memorial Park and Miller Point will be used for crafters this year), Maker’s Zone Craft Stations, DamYak Challenge, Kiwanis Duck Derby July 21 – Fiesta Days Parade 9 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: March 18, 2024 Regular City Council Meeting RE: Prohibiting the use of groundwater as a potable water supply by the installation or use of potable water supply wells or by any method in the area of 3811 W Elm Street. ATT: Ordinance, Map Agenda Item Summary: In June 2009, the City of McHenry passed an ordinance restricting potable water wells within the vicinity of 3811 W Elm Street. New soil testing has been performed and the restricted area needs to be expanded per the Illinois Environmental Protection Agency (EPA). Analysis: Concentrations of certain chemical constituents in the groundwater beneath 3811 W Elm and adjoining properties may exceed class 1 groundwater quality standards for potable resource groundwater set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Admirative Code 742. In addition, the City desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties affected by said chemical constituents. The update to this ordinance is required due to Illinois EPA regulations. The expanded area affected by the ordinance is shown in the attached map. If the City Council concurs it is recommended that a motion be made to approve an ordinance prohibiting the use of groundwater as a potable water supply by the installation or use of potable water supply wells or by any other method on or around the property at 3811 W Elm Street in the City of McHenry. 10 ORDINANCE NO. 24- An Ordinance Prohibiting the use of Groundwater as Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by any Method Within a Certain Area in the City of McHenry WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, certain properties in the City of McHenry, Illinois (the “city”) along W Elm Street have been used as a fueling station. WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath 3811 W Elm and adjoining properties may exceed class 1 groundwater quality standards for potable resource groundwater set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the City desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties affected by the said chemical constituents; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Use of groundwater as a potable water supply prohibited in specific area. The use or attempt to use groundwater as a potable water supply from within the area shown as Exhibit “A” attached to, and made part of this ordinance, by the installation or drilling or use of wells or by any other method is hereby prohibited, including at points of withdrawal by the City. SECTION 2: The prohibition on the use of groundwater applicable to the City. The prohibition contained in section 1 shall also apply to the City. SECTION 3: Penalties. Any person violating the provisions of this ordinance shall be subject to a fine up to $750.00 for each violation. 11 SECTION 4: Definitions. “Person” is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns. Section 5: Memorandum of Understanding. The Mayor of the City of McHenry shall have the power and duty to enter a Memorandum of Understanding with the Illinois Environmental Protection Agency (“Illinois EPA”) and other agreements or contracts with other governmental entities, as may be or as become necessary to implement the spirit and intent of this ordinance. Section 6: Supersedes. If any provision of this ordinance or its application to any person or under any circumstance is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or any portion not adjudged invalid. Section 7: Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or any portion not adjudged invalid. Section 8: Effective Date. This ordinance shall be in full force and effect from and after its passage, approval of this publication as required by law. Passed this 18th day of March, 2024. Ayes Nays Absent Abstain Alderman Koch _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderwomen Bassi _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 12 /($.,1*8676,7( 3,1 125 7+)52 17675((7 :$8.(*$152$' 1257+)5217675((7 , /5287( :(6 7 (/0 6 7 5 ((7 ,/5 2 8 7 ( 352326('*5281':$7(5 25',1$1&($5($ +,32,173523(57,(6//& :(67(/0675((7 0&+(15<,/ +,32,173523(57,(6//&&$'(/025( (/025( PREPARED BY: ,//,12,6$9(18( 67&+$5/(6,//,12,6 DRAWN BY: FIGURE: FILE NAME: DATE: PROJECT #: 352326('*5281':$7(525',1$1&($5($ (;+,%,7$ 13 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA ITEM DATE: March 18, 2024 TO: City Council FROM: Deputy Clerk Monte Johnson RE: IDOT Property Acquisition – 914 Front Street AGENDA ITEM SUMMARY: IDOT has begun the property acquisition phase of the Route 31 widening project. The City of McHenry has received its paperwork for the City-owned property at 914 Front Street, which is the former roller rink property. The City of McHenry is set to receive $39,500 for the front .117 acres of the property. A temporary construction easement of .028 acres will also be granted for $3,600, resulting in total compensation of $43,100. Based on a per square foot valuation, this compensation appears appropriate; therefore, staff is recommending approval of the sale of this property. RECOMMENDATION: A motion to approve a Resolution Authorizing Mayor Jett and Deputy Clerk Johnson to convey the governmental entity’s interest in .117 acres of 914 Front Street in McHenry County, Illinois to the People of the State of Illinois, Department of Transportation for highway purposes for the sum of Forty-Three Thousand, One Hundred and no/100 Dollars ($43,100.00). 14 Page 1 of 2 (Rev. 10/12) Owner: The City of McHenry, an Illinois municipal corporation Route: IL 31 Section: IL 120 to IL 176 County: McHenry Project No.: Job No.: R-91-013-07 Parcel No.: 1NV0109 & TE P.I.N. No.: 09-35-105-001 CERTIFIED RESOLUTION (Governmental Entity) I, Monte Johnson, Deputy City Clerk of The City of McHenry, a governmental entity organized and existing under the laws of the State of Illinois, including without limitation, city, village, incorporated town, county, park district, or township, do hereby certify that: 1. The following is a true and correct copy of a resolution adopted by the Council or Board of said governmental entity, a quorum of its members, trustees, or commissioners being present at a meeting held of the 18th day of March, 2024, and 2.The resolution has not been amended or revoked and is in full force and effect. Resolved that Wayne S. Jett, the Mayor and Monte Johnson, the Deputy City Clerk of the Council or Board of the above-referenced governmental entity are hereby authorized and directed to convey the governmental entity’s interest in the following described real estate in McHenry County, Illinois to the People of the State of Illinois, Department of Transportation for highway purposes for the sum of $Forty Three Thousand One Hundred and no/100 Dollars ($43,100.00): See attached legal description. Further resolved that they are authorized and directed to execute and deliver such instruments as may be necessary or convenient to consummate such sale. Further resolved that the members, aldermen, trustees or commissioners of the Council or Board of the governmental entity or electors of the governmental entity, pursuant to 50 ILCS 605/4 voted for the adoption of this resolution as follows: AYE _____; NAY _____; ABSENT _____ Resolution 24- 15 Page 2 of 2 (Rev. 10/12) By: ____________________________________ Signature ____________________________________ Print Name and Title State of __________________________ ) ) ss County of _________________________ ) This instrument was acknowledged before me on _________________, 20___, by ____________________________________, as ______________________ of The City of McHenry. (SEAL) ______________________________________ Notary Public My Commission Expires: _________________ Wayne Jett, Mayor Illinois McHenry 16 17 18 Page 1 of 3 LA 4111A (Rev. 11/07/11) Affidavit of Title Owner: The City of McHenry an Illinois municipal corporation Address: 914 Front Street, McHenry, McHenry County, Illinois 60050 Route: IL 31 Section: IL 120 to IL 176 County: McHenry Project: Job No. R-91-013-07 Parcel No. 1NV0109 & TE P.I.N. No. 09-35-105-001 State of Illinois ) ) ss. County of McHenry ) I, Wayne S. Jett, Mayor, being first duly sworn upon oath states as follows: 1. Affiant has personal knowledge of the facts averred herein. 2. There are no parties other than Grantor in possession of any portion of the premises described in the attached Exhibit “A” through easement, lease, oral or written, or otherwise, whether or not of record. There are no parties other than Grantor and the parties listed below in possession of any portion of the premises described in the attached Exhibit “A” through easement, lease, oral or written, or otherwise, whether or not of record: ______________________________________________________________________________ SEE ATTACHED EXHIBIT “A” 3. This affidavit is made to provide factual representation as a basis for the State of Illinois to accept a document of conveyance for the premises described in said conveyance, the premises being a portion of or all of the above described premises, from the record owners thereof. 4. The affiant has no knowledge of any driveway agreements, encroachments, overlaps, or boundary line disputes involving the premises to be conveyed. 5. The said premises described in Exhibit “A” are: (Check One) Vacant and unimproved Agricultural and unimproved Improved and (A) There have been no improvements made or contracted for on the premises within six (6) months immediately preceding the date of the affidavit, out of which a claim for a mechanics’ lien could accrue or has accrued, and (B) To the best of my knowledge all improvements now on the premises comply with all local building and zoning ordinances. 19 Page 2 of 3 LA 4111A (Rev. 11/07/11) 6. There are no chattel mortgages, conditional sales contracts or financing statements existing on or in connection with the premises to be conveyed which are not shown by the public records. 7. There are no taxes or special assessments which are not shown as existing liens by the public records involving the premises described in Exhibit A. 8. Per 50 ILCS 105/3.1, the identities of all owners and beneficiaries having an interest in the premise to be conveyed are as follows (check applicable box(es) and complete information requested): Individual. Individual owner of the property is: Nonprofit Organization. There is no individual or other organization receiving distributable income from the organization. Public Organization, including units of local government. There is no individual or other organization receiving distributable income from the organization. Publicly-Traded Corporation. There is no readily known shareholder having more than 7-1/2% of the total distribution income of the corporation. Corporation, Partnership, Limited Liability Company. Those entitled to receive more than 7- 1/2% of the total distributable income of said entity are as follows: Name Address *1. 2. 3. 4. ☐ Land Trust or Declaration of Trust. The identity of each beneficiary of Grantor Trust is as follows: Name Address *1. 2. 3. 4. * IF THE INITIAL DISCLOSURES SHOW INTERESTS HELD BY ANOTHER CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, OR TRUST, THEN FURTHER DISCLOSURES SHOULD BE PROVIDED UNTIL THE NAMES OF INDIVIDUALS OWNING THE INTEREST IN THE ENTITY ARE DISCLOSED. 20 Page 3 of 3 LA 4111A (Rev. 11/07/11) Dated this _____ day of _______________, 20____. The City of McHenry By: ___________________________________ Wayne S. Jett State of ______________________ ) ) ss. County of _____________________ ) This instrument was acknowledged before me on __________________, 20____, by Wayne S. Jett. (SEAL) ___________________________________________ Notary Public My Commission Expires: _______________________ NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON BEHALF OF THE RECORD OWNER(S) BY ANY ONE OF THE RECORD OWNERS, OFFICERS, MANAGERS, PARTNERS, OR TRUSTEES HAVING KNOWLEDGE OF THE FACTS IN THIS AFFIDAVIT. 21 Date 02142024JobR9101307 IL176 toIL120 County McHenry Section IL31Parcel1NV0109 WTCNumber I12020ME 21390 ALTA COMMITMENT FORMScheduleAContinued LEGALDESCRIPTION OUTLOT NUMBERSIX 6 ACCORDING TOTHEPLAT OF WEST MCHENRY AS RECORDED IN THERECORDER SOFFICE OF MCHENRY COUNTY ILLINOIS INBOOK 24OF DEEDS ON PAGE 22 EXCEPTING AND RESERVINGTHEREFROM THE EASTERLY200 FEET THEREOF ASCONVEYEDBYWARRANTYDEEDFROMFRANKHWATTLESAND WIFE TOTHEVILLAGE OF MCHENRY SAID DEED BEINGRECORDED IN THERECORDER SOFFICE INMCHENRY COUNTY ILLINOIS IN BOOK162OF DEEDS ON PAGE 103 SAID OUTLOTBEINGLOCATED IN ANDBEINGAPARTOF THENORTHWESTQUARTER OF SECTION 35 IN TOWNSHIP45 NORTH OF RANGE NUMBER8 EASTOF THETHIRDPRINCIPALMERIDIANSITUATEDINTHECITYOFMCHENRY IN THECOUNTYOF MCHENRY IN THE STATEOF ILLINOIS PERMANENTTAX NUMBER S 0935 105 001 ISSUEDBY WheatlandTitle Company 105W Veterans Parkway Yorkville Illinois60560 Agentfor FidelityNationalTitleInsurance Company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D699=?2=.?2.;.==?.6@.9?2C62D?2=<?AA<@B==<?AA52.==?<C21C.9B2@2920A213<?A52B@2.@A52/.@6@3<?.0>B6@6A6<; =B?=<@2@(56@?2=<?A@5.990<;A.6;A523<99<D6;46;3<?:.A6<;26A52?6;.@6:=923<?:.A<?.:<?20<:=92E3<?:.A.@ ?2>B6?213<?A52?2C62D.@@64;:2;A @0<=2<3D<?8/26;4?2C62D21.;1A52@0<=2<3D<?8<3A52?2C62D.@@64;:2;A 2E.:6;.A6<; <3 A52 =?2@2;A.A6<;.;1 .;.9F@6@ <3 A52 .==?.6@.9 ?2=<?A .;1 A52 12C29<=:2;A <3 .; <=6;6<; .@ A< 0<:=92A2;2@@.12>B.0F.==?<=?6.A2;2@@<3.==?.6@.9:2A5<1@.;1A205;6>B2@B@21 612;A6360.A6<;<30962;A6;A2;121 B@2.;16;A2;121B@2?@.;1 612;A6360.A6<;<3.;F1.:.42@<?/2;236A@A<.;F?2:.6;6;4=?<=2?AF612;A636216;A52 .==?.6@.9.;1.@64;2102?A6360.A6<;$.42 <3A56@==?.6@.9&2C62D2?A6360.A6<; 'B/720A<3A52?2C62D.@@64;:2;A ?<;A'A?22A!0 2;?F 996;<6@ .A2<3A52?2C62D $?<=2?AF ;A2?2@AA</20>B6?21 22'6:=92 2160.A6<;$2?=2AB.9.@2:2;A $2?:.;2;A.@2:2;A (2:=<?.?F.@2:2;A #A52? .A2<3D<?8B;12??2C62D 3320A6C21.A2<3A52<=6;6<;<?0<;09B@6<;<3A52D<?8B;12??2C62D ==?.6@2?@D5<0<:=92A21D<?8/26;4?2C62D21!4.3:7,>%:7,9: $ % 2@0?6/2A52@0<=2<3D<?8=2?3<?:216;A56@.==?.6@.9?2C62D?2=<?A.@?2>B6?216; & .;1)'$$'0<=2 <3+<?8&B92 %.:;0:1):=6#0=1:=80/-D?30$0A40B0= E30.61:=8,?308,?4.,70==:=> E30.61:=1,.?@,70==:=>:=:84>>4:9> E/0<@,.D,9/<@,74?D:1>@;;:=?492/,?, E9,7D>4>:1/,?, E 0?3:/>,9/?0.394<@0>,;;740/ E%:@9/90>>:1=0,>:9492,9/.:9.7@>4:9> E#0=>:9,749>;0.?4:9:1?30>@-50.?;=:;0=?D E#0=>:9,749>;0.?4:9:1,778,=60?.:8;,=,-70;=:;0=?40> E&34>=0A40B3,>.:9>4/0=0/,9/49.7@/0>,7769:B;0=?4909?491:=8,?4:949,==4A492,? ,149,7.:9.7@>4:9:1A,7@0 26 &30=0;:=?3,>-009=0A40B0/?:/0?0=849041?30,;;=,4>0=.:8;740/B4?3?30=0<@4=0/ "&>?,9/,=/>49 ,..:=/,9.0B4?3$ ,9/?30=0<@4=0809?>:1?30'941:=8%?,9/,=/>:1;;=,4>,7#=,.?4.0 '%## D=0;:=?4>49?09/0/?:.:8;7DB4?3?30=0<@4=0809?>:1%?,9/,=/ ,9/4>;=0;,=0/:9?34>1:=8,> /0A07:;0/,9/=0<@4=0/-D "& 9?300A09??3,? 3,A0.:8;70?0/8D:B949/0;09/09?=0>0,=.3:1?30>@-50.?;=:;0=?D,9/,9D,//4?4:9,7 491:=8,?4:9,9//,?,:= 3,A0/:.@809?0/?30,??,.30/,;;=,4>,7?34>B477-0>:>?,?0/49?30,..:8;,9D492 =0A40B,;;=,4>,7=0;:=?"?30=B4>0?34>=0A40B3,>-009-,>0/:9:97D?30/,?,,9/491:=8,?4:9;=:A4/0/-D ?30,;;=,4>0=:1=0.:=/1:=?34>,;;=,4>,7=0;:=? 1 3,A0/4>,2=00/B4?3,9D:1?30,;;=,4>0=F>.:9.7@>4:9?30-,>4>1:=:;494:9,=00C;7,490/,9/>@;;:=?0/,> ;,=?:1?34>=0A40B=0;:=?&30,;;=,4>0=F>=0;:=??3,?3,>-009=0A40B0/4>,??,.30/,9/.:9>4/0=0/;,=?:1?34> =0A40B=0;:=?'970>>9:?0/:?30=B4>0 3,A0,..0;?0/?301,.?@,7/,?,=0;:=?0/-D?30,;;=,4>0= &D;0:1$0A40B 3,A0.:8;70?0/-:?3,/0>6,9/1407/=0A40B:1?30,??,.30/=0;:=? 3,A0.30.60/ 8,?308,?4.,7.,7.@7,?4:9>,9/.:9>4/0=0/?30,;;=,4>0=F>=0,>:9492,9,7D>4>,9/.:9.7@>4:9> 7409?,9/ 9?09/0/'>0=> D.7409?4>?30Illinois Department of Transportation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age 1 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) APPRAISAL REPORT Route IL Route 31 Project. Not Applicable Section IL 176 to IL 120 Job No. R-91-013-07 County McHenry Parcel 1NV0109 Unit n/a Take:Whole Partial Other Temporary easement Original Supplemental 1. Attached is a complex non-complex appraisal, per IDOT’s Land Acquisition Policies and Procedures Manual. 2. Location and Address: 914 Front Street, McHenry, IL 60050 3. Identification: Tax Number 09-35-105-001 4. Present Owner’s Name: City of McHenry Address Telephone: 333 Green Street, McHenry, IL 60050 (815-363-2170) 5. Tenant’s or Lessee’s Name: None Address and Telephone: Not Applicable Telephone: Not applicable 6. Person Interviewed: Ross Polemecky, Director of Community Development 7. Interviewed by: Nicholas F. Solano 8. Farmland Preservation Act (pertains to fee takings and permanent easements): CL OC HL PL FL FS RL OL 9. Present Use:Vacant Highest and Best Use Before Taking:Commercial Zoning: C-5, Highway Commercial, City of McHenry Highest and Best Use After Taking:Commercial Acres Sq. Ft. 10. Area of Whole Property 2.288 99,665 Area to be Acquired in Fee Simple Title 0.117 5,097 Area to be Acquired by New Dedication 0.000 0 Area Acquired by Previous Dedication 0.000 0 Area to be Acquired for Additional R.O.W.0.117 5,097 Area to be Acquired by Permanent Easement 0.000 0 Area to be Acquired by Temporary Easement 0.028 1,220 Area of Remainder 2.171 94,568 11.Final Conclusion of Value Effective Date of Appraisal: .............................................September 11, 2023 Fair Market Value of Whole Property............................................................................................................$772,000 For Partial Taking include the following: Fair Market Value of property taken (including improvements) as part of the whole....................................$39,500 Fair Market Value of remainder as part of the whole before taking ..............................................................$732,500 Fair Market Value of remainder after taking as will be affected by contemplated improvements.................$732,500 Damage to Remainder ..................................................................................................................................$0 Compensation for Permanent Easement(s) .................................................................................................$n/a Compensation for Temporary Easement(s)..................................................................................................$3,600 Total Compensation.....................................................................................................................................................$43,100 Date of Report: November 17, 2023 Appraiser: Nicholas F. Solano, MAI, FRICS Appraiser Signature Type of License: Certified General Real Estate Appraiser IL License No: 553-000268 Expires: 09/30/2025 28 Page 2 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) General Data Definition of Fair Market Value:The fair cash market value of a property in an eminent domain proceeding is that price which a willing buyer would pay in cash, and a willing seller would accept, when the buyer is not compelled to buy and the seller is not compelled to sell. In the condemnation of a property for a public improvement, any appreciation or depreciation in value caused by the contemplated improvement shall be excluded from the consideration of the fair cash market value of the whole property and the value of the part taken. (Illinois Pattern Jury instructions) In the event of a partial acquisition where there is remainder property, any appreciation or depreciation caused by the contemplated improvement shall be considered when determining the fair cash market value of the remainder. Any increase or decrease in value caused by the actual acquisition of a part of the property must be considered in estimating the value of the remainder after taking. Property History:Has subject sold in the last five (5) years or is it currently listed for sale? Yes No If yes, an analysis of the recent sale(s) and/or current listing is summarized as follows: By a judicial deed dated in May 2022, the title to the property was transferred from Aldona B. Cepulis, as Trustee of the Aldona B. Cepulis Living Trust dated 09/12/1999 to the City of McHenry according to Mr. Ross Polemecky, Director of Community Development for the City of McHenry. The deed has not been recorded yet. The property is currently listed for sale. The original asking price was $575,000 in March 2015, reduced to $495,000 in February 2017, reduced to $474,900 in March 2018, then $449,000 in December 2019, then $145,000 in September 2020, then $179,000 in December 2020, and then $220,000 on February 2021, then $995,000 in July 2022. The property is currently listed with an asking price of $995,000. The current listing broker is Jack Minero of Berkshire Hathaway HomeServices Starck Real Estate. The lower asking prices in 2020 because the property had an old building that needed to be demolished and it had contamination. The property was also being marketed for potential assemblage with the adjacent property to the north at 920-926 Front Street that was for sale for $900,000 and under separate ownership. The subject property is being marketed as a development site for potential convenience service use, retail use or mixed uses. The broker reported the subject property was under contract in September 2021 to a developer seeking a zoning change for a new 50-unit apartment building; the request for a zoning change was defeated in the fall of 2021 by the City. This sale contract to the apartment developer was cancelled. In the past year, the old building was demolished and environmental remediation was completed per the MLS flyer. No other prior sales, listings, offers, or options were reported or uncovered by the appraiser in the past five years. Property Interest to be Appraised:Fee Simple Estate*Leased Fee Estate Property Interest to be Acquired (check all that apply): Fee Simple Acquisition*Permanent Easement Dedication/Perpetual Easement Temporary Easement Other: None of the Above: This appraisal is for the disposal of excess land and/or the release of other rights. If applicable, the disposition/release of rights is described as follows: N/A *subject to any covenants, easements or other restrictions of record described herein. USPAP Reporting Option (as defined by USPAP SR 2-2):Appraisal Report Restricted Appraisal Report Type of Appraisal (per IDOT’s Land Acquisition Policies and Procedures Manual): Non-Complex: Appraisal report “meets minimum requirements consistent with commonly accepted Federal and Federally-assisted program appraisal practices for those acquisitions, which, by virtue of their low value or simplicity,” do not require in-depth analysis presentation. Complex: Appraisal report that meets all minimum requirements and also reflects “established and commonly accepted Federal and Federally-assisted program appraisal practices” with appropriate in-depth analysis and presentation. Client:Illinois Department of Transportation Intended User:The intended users of this report only include the Client and any of its Federal-funding partners. Parties who receive a copy of this report as a consequence of the Client’s disclosure policies are not intended users of the report. 29 Page 3 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Intended Use:The intended use of this appraisal report is for acquisition by the Client of the proposed fee simple taking and easement areas. This report is not intended for any other use or for any sale purposes to the City of McHenry. The appraisal is not intended for use by the City of McHenry for any purposes. Authorization:“T" Engineering Services contacted the appraiser to perform the appraisal on behalf of Mr. Michael Harris of the Illinois Department of Transportation. Purpose of Valuation: The purpose of this valuation is to arrive at an opinion of the fair market value of the acquisition of the whole property and/or a portion thereof. When applicable, the fair market value of the whole will be established, as will the fair market value of the remainder after the taking. Fair Market Value may also be affected by contemplated improvements with consideration for damages or benefits, if any, to the remainder, and/or the fair market value of possible permanent easements and/or temporary easements as required by design, and the total just compensation due to property owner by reason of the taking. The purpose of this valuation is to arrive at an opinion of the fair market value of the subject land parcel and/or other rights to be disposed by the Client. Assignment Conditions: Assignment conditions include assumptions, extraordinary assumptions, hypothetical conditions, laws and regulations, jurisdictional exceptions, and other conditions that affect the scope of work. Assignment conditions applicable tothis appraisal assignment are summarized below. The Client requires this appraisal assignment to comply with the following standards, laws, regulations, and policies: x the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act) and its implementing regulation 49 CFR Part 24. x the Uniform Standards of Professional Appraisal Practice (USPAP), and x the Illinois Department of Transportation’s Land Acquisition Policies and Procedures Manual. Furthermore, the Client requires this appraisal to be prepared in accordance with the appropriate state laws, regulations and policies and procedures applicable to appraisal of right of way. In accordance with 49 CFR Part 24 and IDOT’s Land Acquisition Policies and Procedures Manual, in opining on the value of the property before the taking, the appraiser shall disregard any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner. No portion of the value assigned to such property shall consist of items which are non- compensable under the established laws of Illinois. The above are considered hypothetical conditions for the purposes of this appraisal. The use of a hypothetical condition may affect the assignment results. Any decrease or increase in value caused by the actual acquisition of a part of the property must be considered in opining on the value of the remainder after taking. Such changes in value are parcel-specific. USPAP Standards Rule 1-2(c)(iv) requires that when exposure time is a component of the definition for the value opinion being developed, the appraiser must also develop an opinion of reasonable exposure time linked to that value opinion. However, the definition of fair market value in this report does not include exposure time as a component. Therefore, the appraiser is not required to develop and report an opinion of exposure time linked to the value opinion. This situation is considered to be an assignment condition for the purposes of this appraisal. Scope of Work:Summarize the steps/process employed to develop the appraisal report, as required in 49 CFR Part 24, and the Uniform Standards of Professional Appraisal Practice (USPAP). The amount and type of information researched and the analysis applied in an assignment includes, but is not limited to 1) the extent to which the property is inspected or identified; 2) extent of inspection and description of the neighborhood and proposed project area; 3) the extent of research into physical or economic factors that could affect the property; 4) the extent of data researched; and 5) the type and extent of analysis applied to arrive at opinions or conclusions. The scope of work also needs to explain the various approaches utilized and the reasons for why any particular approach was not used. The type and extent of research and analyses performed for the appraisal includes the following. The scope of work is further defined by the content and form of this report. 30 Page 4 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) 1. The appraiser physically inspected the property. 2. The appraiser gathered available and pertinent information about the subject property from the plat of highway furnished by the client, the property inspection and available public records and data sources. 3. The appraiser collected information about the market to identify factors and trends relevant to the valuation; 4. Covenants, restrictions, and easements of record are considered in the valuation. 5. The appraiser investigated the sales history, ownership and taxes of the property; 6. The appraiser determined highest and best use as vacant and as improved, if applicable; 7. The appraiser sourced market data from multiple listing services, assessor's office, and/or reputable market data publications; 8. The appraisal is intended to conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and the appraisal guidelines of the Illinois Department of Transportation. 9. The applicable approach to value the subject property is the sales comparison approach. The cost and income approaches are not applicable for properties of the subject type. Sufficient data was available to use the sales comparison approach to value. 10. The appraiser obtained information regarding the relevant physical characteristics of the property from sources the appraiser believes are reliable to meet the standard necessary to provide a credible appraisal for the intended use. The appraisal is based on the extraordinary assumption of the characteristics of the subject property as described in this report. The appraiser reserves the right to amend the valuation should additional information be provided that would have a material effect on factors affecting value. 11. Per the request of the client, the appraisal was prepared in a summary report form on IDOT’s standard forms. This appraisal report that is intended to comply with the reporting requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. It presents summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Additional supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use. The appraiser is not responsible for unauthorized use of this report. 31 Page 5 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) General Assumptions and Limiting Conditions Summarize any general assumptions and limiting conditions utilized in this report. This appraisal will be based on the following general assumptions and limiting conditions, except as otherwise noted in the report. 1. The title is marketable and free and clear of all liens, encumbrances, encroachments, easements and restrictions. The property is under responsible ownership and competent management and is available for its highest and best use. 2. There are no existing judgments or pending or threatened litigation that could affect the value of the property. 3. There are no hidden or undisclosed conditions of the land or of the improvements that would render the property more or less valuable. Furthermore, there is no asbestos in the property. 4. The revenue stamps placed on any deed referenced herein to indicate the sale price of a comparable are in correct relation to the actual dollar amount of the transaction. 5. The property is in compliance with all applicable building, environmental, zoning, and other federal, state and local laws, regulations and codes. 6. The conclusions stated in my appraisal apply only as of the effective date of the appraisal, and no representation is made as to the effect of subsequent events. 7. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated. 8. Unless otherwise agreed to in writing, I am not required to give testimony, respond to any subpoena or attend any court, governmental or other hearing with reference to the property without compensation relative to such additional employment. 9. I have made no survey of the property and assume no responsibility in connection with such matters. Any sketch or survey of the property included in this report is for illustrative purposes only and should not be considered to be scaled accurately for size. The appraisal covers the property as described in this report, and the areas and dimensions set forth are assumed to be correct. 10. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and I have assumed that the property is not subject to surface entry for the exploration or removal of such materials, unless otherwise noted in my appraisal. 11. I accept no responsibility for considerations requiring expertise in such fields, but are not limited to, legal descriptions and other legal matters such as legal title, geologic considerations such as soils and seismic stability, and civil, mechanical, electrical, structural and other engineering and environmental matters. 12. The distribution of the total valuation in the report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. The appraisal report shall be considered only in its entirety. No part of the appraisal report shall be utilized separately or out of context. 13. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or any reference to the Appraisal Institute) shall be disseminated through advertising media, public relations media, news media or any other means of communication (including without limitation prospectuses, private offering memoranda and other offering material provided to prospective investors) without the prior written consent of the person signing the report. 14. Information, estimates and opinions contained in the report, obtained from third-party sources are assumed to be reliable and have not been independently verified. 15. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute predictions of future operating results. 32 Page 6 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) 16. If the property is subject to one or more leases, any estimate of residual value contained in the appraisal may be particularly affected by significant changes in the condition of the economy, of the real estate industry, or of the appraised property at the time these leases expire or otherwise terminate. 17. No consideration has been given to personal property located on the premises or to the cost of moving or relocating such personal property; only the real property has been considered, unless otherwise noted in the appraisal. 18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. I have not made a specific survey or analysis of any property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. In as much as compliance matches each owner’s financial ability with the cost to cure the non- conforming physical characteristics of a property, I cannot comment on compliance to ADA. Given that compliance can change with each owner’s financial ability to cure non-accessibility, the value of the subject does not consider possible non-compliance. A specific study of both the owner’s financial ability and the cost to cure any deficiencies would be needed for the Department of Justice to determine compliance. 19. No studies have been provided to the appraiser indicating the presence or absence of hazardous materials on the subject property or in the improvements, and my valuation is predicated upon the assumption that the subject property is free and clear of any environment hazards including, without limitation, hazardous wastes, toxic substances and mold. No representations or warranties are made regarding the environmental condition of the subject property and the person signing the report shall not be responsible for any such environmental conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because I am not an expert in the field of environmental conditions, the appraisal report cannot be considered as an environmental assessment of the subject property. The appraiser does not guarantee that the subject property is free of defects or environmental problems. 20. The person signing the report may have reviewed available flood maps and may have noted in the appraisal report whether the subject property is located in an identified Special Flood Hazard Area. I am not qualified to detect such areas and therefore do not guarantee such determinations. The presence of flood plain areas and/or wetlands may affect the value of the property, and the value conclusion is predicated on the assumption that wetlands are non- existent or minimal. 21. The appraisal report and value conclusion assumes the satisfactory completion of construction, repairs or alterations in a workmanlike manner, if applicable for proposed construction. 22. It is expressly acknowledged that in any action which may be brought against the appraiser arising out of, relating to, or in any way pertaining to this engagement, the appraisal reports, or any estimates or information contained therein, the appraiser shall not be responsible or liable for an incidental or consequential damages or losses. 23. The use of the appraisal report by anyone other than the client is prohibited except as otherwise provided. Accordingly, the appraisal report is addressed to and shall be solely for the client’s use and benefit unless I provide my prior written consent. I expressly reserve the unrestricted right to withhold my consent to your disclosure of the appraisal report (or any part thereof including, without limitation, conclusions of value and my identity), to any third parties. Stated again for clarification, unless my prior written consent is obtained, no third party may rely on the appraisal report (even if their reliance was foreseeable). 24. Any prospective value opinions presented in this report are estimates and forecasts, which are prospective in nature and are subject to considerable risk and uncertainty. In addition to the contingencies noted in the preceding paragraph, several events may occur that could substantially alter the outcome of my estimates such as, but not limited to changes in the economy, interest rates, and capitalization rates, behavior of consumers, investors and lenders, fire and other physical destruction, changes in title or conveyances of easements and deed restrictions, etc. It is assumed that conditions reasonably foreseeable at the present time are consistent or similar with the future. 25. The comments by the licensed real estate appraiser contained within this appraisal report on the condition of the property do not address "standards of practice" as defined in the Home Inspector License Act [225 ILCS 441] and 68 Ill. Adm. Code 1410 and are not to be considered a home inspection or home inspection report. 33 Page 7 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Property Owner Contact/Interview:Summarize the appraiser’s contact/interview with property owner. The property owner (or the owner’s designated representative) must be provided the opportunity to accompany the appraiser during the appraiser’s inspection of subject property (49 CFR Part 24.102). The method used to contact the property owner included (check all that apply): Personal contact Telephone Letter Other (explain): The invitation to the property owner: was accepted was declined did not receive a response Other (explain): The appraiser personally inspected the subject property on the following date(s): November 16, 2021, March 11, 2022, April 7, 2022 and September 11, 2023. Additional information relating to the appraiser’s contact with the property owner, including any concerns expressed by the owner, is explained as follows: As part of a prior appraisal assignment, I sent a letter to the current ownership listed on page 1. I was contacted on May 6, 2022 by Mr. Ross Polemecky, Director of Community Development for the City of McHenry, who indicated that the prior ownership has agreed to quit claim the subject property to the City. I was informed that as of May 6, 2022, the property is owned by the City of McHenry via a juridical deed. For this updated appraisal, I sent a letter to the current ownership listed on page 1 of this report. I did not receive a response. I made an inspection of the property by myself from the public rights of way and on-site. The appraiser obtained information regarding the relevant physical characteristics of the property from sources the appraiser believes are reliable to meet the standard necessary to provide a credible appraisal for the intended use. The appraisal is based on the extraordinary assumption of the characteristics of the subject property as described in this report. The appraiser reserves the right to amend the valuation should additional information be provided that would have a material effect on factors affecting value. 34 Page 8 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Location Map of Subject Property 35 Page 9 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Subject Property Aerial Map Source: City of McHenry Public Data Viewer; property outline is approximate 36 Page 10 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Flood Hazard Map 37 Page 11 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Zoning Map Source: City of McHenry Web Map Viewer 38 Page 12 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Photographs Subject Property Photographs are required on all properties being appraised. Photographs of all principal above ground improvements or unusual features affecting the value of the property to be taken or damaged must also be included. Please use the format below for identifying the photographs. Date of Photograph: September 11, 2023 Photograph By:Nicholas Solano Camera Facing East Description: Front view Description: Area of taking and easement Date of Photograph: September 11, 2023 Photograph By: Nicholas Solano Camera Facing: South 39 Page 13 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Photographs Subject Property Photographs are required on all properties being appraised. Photographs of all principal above ground improvements or unusual features affecting the value of the property to be taken or damaged must also be included. Please use the format below for identifying the photographs. Date of Photograph: September 11, 2023 Photograph By:Nicholas Solano Camera Facing Southwest Description: Area of taking on left Description: Area of taking and easement Date of Photograph: September 11, 2023 Photograph By: Nicholas Solano Camera Facing: North 40 Page 14 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Photographs Subject Property Photographs are required on all properties being appraised. Photographs of all principal above ground improvements or unusual features affecting the value of the property to be taken or damaged must also be included. Please use the format below for identifying the photographs. Date of Photograph: September 11, 2023 Photograph By:Nicholas Solano Camera Facing Northeast Description: Driveway in taking and easement Description: Subject property Date of Photograph: September 11, 2023 Photograph By: Nicholas Solano Camera Facing: east 41 Page 15 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Descriptive Analysis of Whole Property Descriptive Analysis of Whole Property: Describe entire property before the taking, including such items as: 1) location and environment; 2) land type and usage; 3) zoning; 4) improvements; 5) special features that serve to detract or enhance; 6) include an analysis of the general area, the neighborhood, and the site; and 7) explain and justify highest and best use if it differs from present use and/or zoning. Neighborhood Description Description: The subject property is located in the City of McHenry, a suburb located 56 miles northwest of Chicago’s central business district. The subject property has frontage on IL Route 31 (Front Street). Uses along IL Rt. 31 in the area of the subject property include retail, mixed-use, auto sales, auto repair, a new tunnel car wash, industrial and outside storage uses. Buildings in this district are older and some in fair condition. The property across the street from the subject property at 914 Front Street was approved for a use variation and zoning variations for development of a 50-unit apartment building in November 2021. A demographic profile of the subject market area is presented below. Population 1 Mile 3 Mile 5 Mile 2023 Population 8,857 35,518 62,962 2028 Population Projection 8,827 35,859 63,551 Annual Growth 2023-2028 -0.1%0.2%0.2% Average Age:40.2 41.3 41.7 Households 2023 Households 3,470 13,297 23,384 Annual Growth 2023-2028 -0.1%0.2%0.2% Avg Household Income $95,653 $103,912 $106,867 Median Household Income $72,134 $82,198 $84,737 Avg. Household Size:2.5 2.6 2.7 2021 Avg HH Vehicles:2.00 2.00 2.00 Housing Median Home Value:$199,202 $208,513 $217,037 Median Year Built:1976 1982 1982 Source: CoStar Inc. Market Conditions Market conditions have been affected by higher interest rates in the past year. Property Description Current Use:Vacant land Occupancy:Former roller rink Land Size:The total land area of the subject property is 2.288 acres. Site Shape:Irregular Flood Hazard:The subject property is not located in a special flood hazard area per the FEMA map Wetland:No mapped wetlands per the McHenry County Athena parcel viewer Topography:Generally level Soil Conditions:Assumed to be suitable for typical suburban development to its highest and best use. 42 Page 16 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Access:One driveway on Front Street; the property also has frontage on unimproved James Street. Utilities Available:Electric, natural gas, cable, internet and telephone are available to the property. The property has municipal water and sewer from the City of McHenry. Building Improvements: None; fire-damaged building razed in 2022. Site Improvements:Site improvements include asphalt and gravel paving from prior building and use Easements, Restrictions or Covenants:No adverse easements, restrictions or covenants are reported or indicated in the title commitment. Zoning:The property is zoned C-5, Highway Commercial District, by the City of McHenry. The C-5 district permits a variety of commercial uses including motor vehicle sales, and contractor yards. The C-5 district also permits residential uses above the ground floor. A minimum five-foot-wide landscaping strip is required between the parking or sign and the property line. The minimum building setback is 30 feet. The minimum lot width is 200 feet on an arterial street. Environmental Conditions: Reported to be clean of adverse environmental conditions in 2022 per marketing flyer. 43 Page 17 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Highest and Best Use Analysis Highest and Best Use Analysis:Summarize the support and rationale for the appraiser’s determination of the highest and best use of the subject property. If the property is improved, address both the highest and best use as vacant, and of the property as improved. Appraiser may provide a Land Only Grid to support highest and best use analysis. A detailed appraisal requires more in-depth analysis. A change in highest and best use requires more in-depth analysis of the subject property before the acquisition and the remainder. Highest and Best Use Analyses of Whole Property Prior to Taking The development of an opinion of market value first requires a determination of highest and best use, founded on the forces of supply and demand. The highest and best use of the property must be determined for both the subject site as though vacant, and for the property as currently improved (if applicable). The highest and best use must meet the following criteria: 1. Legally permissible under the zoning laws and other restrictions that apply to the site. 2. Physically possible given the site size and characteristics. 3. Financially feasible, or those uses that are legally permissible and physically possible that produce a positive return on investment. 4. The particular use (or class of uses) that pass the first three criteria and also produce the highest net return on investment relative to risk are the maximally productive and highest and best use of the property, which then becomes the basis of the market value estimate. Highest & Best Use The subject property is vacant land located in a commercial area on a busy street and it is zoned for commercial or mixed uses. Municipal water and sewer are available to the subject property. The subject property was proposed for a 50-unit apartment building with zoning change but the zoning was turned down by the City in the fall of 2021. The highest and best use of the property is commercial, including mixed uses. Valuation of Subject Property The applicable approach to value is the sales comparison approach. The sales comparison approach assumes that an informed purchaser would pay no more for a property than the cost of acquiring another existing property with the same utility. This approach develops an indication of value by comparing the sales of similar properties to the subject property. The sales are compared based on their transactional conditions, locations and physical characteristics. Dissimilarities of the properties being compared to the subject property are evaluated. Upward and downward price adjustments are made to equate the sales to the subject property, and then reconciled for a final indication of market value. The valuation of the land is presented first followed by the valuation of the whole property. The price per square foot of land area is used as a unit of comparison. 44 Page 18 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Valuation of Subject Property The data cited below are sales used as an indication of market value of subject property prior to the proposed IDOT acquisition. Details of the sales are contained in the Sales Book. Additional data, including active listings considered in the appraisal, are retained in the appraiser’s file. The sales are analyzed using price per square foot of land area. Sale Address Village Sale Date Land SF * Improvements Zoning Flood/Wetland Water/Sewer Sale Price Price/SF 1 3519 W. Elm St.McHenry, IL Dec-22 29,229 None C-5 None Available 364,000$ 12.45$ 2 SEC Randall & Ackman Rd. Crystal Lake Aug-23 63,000 None O-2 partial wetland Available 915,000$ 14.52$ 3 995 S. IL Rt. 31 Crystal Lake Dec-21 244,000 None B-2PUD None Available 900,000$ 3.69$ 6 1260 Green St.McHenry, IL Dec-17 10,560 Old paving C-4 None Available 104,185$ 9.87$ 9 1209 N. Green St. McHenry, IL Sep-21 40,771 Parking lot C-5 None Available 385,000$ 9.44$ 10 1270 Lake Ave.Woodstock, IL May-21 98,881 None B-3 None Available 1,300,000$13.15$ 11 Adj. to 1270 Lake Ave. Woodstock, IL Apr-23 64,881 Driveway B-3 None Available 990,000$ 15.26$ 14 904 S. IL Rt. 31 McHenry, IL Aug-22 34,238 Office O-2 None Available 550,000$ 16.06$ Subj.914 Front Street McHenry, IL Sep-23 99,665 gravel paving C-5 None Available Value Value * useable land area for Sale 2 SALES USED FOR VALUATION Sale 1 has a superior location and smaller size. Sale 2 has a superior location on Randall Road at stop-light location. It was purchased for new Starbucks restaurant and another quick service restaurant to be determined. Note that the price per square foot of $14.52 excludes wetland area, so no adjustment is required for effect wetlands have on useable land area. Sale 3 has a similar location, larger size, and older sale date. The seller was seeking a quick closing even though the property was exposed to the market for nearly two years prior to being sold. It was purchased by the adjacent car dealership owner. The net adjustment is upward for this sale. Sale 6 has superior location, superior zoning and smaller size, and older sale date Sale 9 has a superior location, smaller size, useable parking lot, and older sale date. Sale 10 has a superior location and older date of sale. It was purchased for an Aldi food store, and located across from Wal-Mart. Sale 11 is next to Sale 10. It has a driveway improvement and off-site detention, and superior location. Sale 14 was improved with an office building, with a corner location and purchased for a Starbucks restaurant. It has a superior corner location, inferior zoning, and smaller size. Upward adjustment is made for demolition costs. This is a remainder property impressed with an IDOT temporary easement, which did not have significantly impact on the price. After performing a sales comparison analysis and making adjustments for differences affecting value (including market conditions, location, corner access, site frontage and configuration, demolition costs, zoning/potential use, land size, storm detention, and other factors), my opinion of contributory market value for the subject property is indicated below. Opinion of value of Value by sales comparison approach: $772,000 (rounded). (When Applicable: 99,665 SF @ $7.75/SF) 45 Page 19 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) RECONCILIATION OF VALUE Before Fee Acquisition After Fee Acquisition 1. Indicated Value by Cost Approach........................................................................................ Not applicable 2. Indicated Value by Sales Comparison Approach.................................................................. $772,000 3. Indicated Value by Income Approach ................................................................................... Not applicable 4. Analysis and Correlation of Approaches to Value The sales comparison approach is most applicable in the appraisal of the subject property. Sufficient comparable sales were available to develop a credible value opinion for the land. The cost approach and income approach were not applicable for vacant land appraisals. 5. Appraiser’s Final Opinion of Market Value of Whole Property.............................................. $772,000 46 Page 20 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) NARRATIVE ANALYSIS OF THE TAKING Describe the taking in detail, including such items as: 1) the land to be taken in relation to its location on the property, 2) any improvements to be taken, 3) its use, 4) its zoning, 5) its topography, and 6) any other special features or unusual characteristics. The total area of the fee simple taking is 0.117 acre, or 5,097 SF. The taking is a strip of land across the frontage of the property, outlined in the plat below. The taking includes a section of driveway VALUATION OF TAKING Describe the data considered in valuing the taking and state the contributory value of the taking as part of the whole property. Based on the sales previously presented in the valuation, my opinion of the contributory value of the taking is $39,500. My opinion of contributory value of the taking considers the highest and best use of the land, improvements in the taking, and improvements on the remainder as they influence the value of the take. VALUE OF REMAINDER AS PART OF THE WHOLE BEFORE THE TAKING This is a simple mathematical calculation (subtracting the contributory value of the taking from the market value of the whole property). The value of the remainder as part of the whole is calculated below. Fair Market Value of the Whole Property...............................................................................................$ 772,000 Less: Contributory Value of Taking........................................................................................................$ 39,500 Fair Market Value of the Remainder as a Part of the Whole Before Taking..........................................$ 732,500 47 Page 21 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) CONTEMPLATED ROAD IMPROVEMENTS The Illinois Department of Transportation has developed plans for the roadway improvements to IL 31 from IL Rt. 120 to IL Rt. 176. The general scope of work for this improvement includes roadway widening and reconstruction to provide two lanes in each direction separated by a median, bicycle and pedestrian accommodations, and intersection and drainage improvements. “U” turns will be permitted in certain locations along IL Route 31. Project a raised median to improve safety, additional through and auxiliary lanes to improve safety and capacity, new traffic signal installations at Half-Mile Trail and Edgewood Road, drainage improvements, continuous shared-use path and sidewalk. The proposed road plan at the location of the subject property includes the reconstruction of the one driveway serving the subject property on Front Street. DESCRIPTION AND VALUATION OF THE REMAINDER PROPERTY Explain the effect of the taking on the remainder including such items as division of property, landlocking, change in highest and best use, proximity damage, access after taking, economic size, overimprovements, effect of construction features such as cuts and fills, change in drainage or effect on existing drainage, effect of taking on lease agreements, special benefits, and other items that will explain the appraiser’s opinion of the after value. Support the value of the remainder rather than estimating damages. The appraiser should use the applicable sales comparison approach to value the remainder. See Section 3.5.2 before using the cost or income approaches. When cost to cure is considered in valuing the remainder, the appraiser should discuss the source of the cost to cure in the appraisal report. No new non-conformances to the zoning are created by the taking. The area of the taking does not include useable parking areas or paved areas that contribute to value. The remainder property will have a similar configuration compared to the whole property. Based on the sales previously presented in the valuation of the whole property and making adjustments for differences, and considering the effect of the taking on the remainder property, my opinion of value of the remainder property is $732,500 indicating no damages. Fair Market Value of the Remainder as a Part of the Whole Before Taking ......................................... $ 732,500 Fair Market Value of the Remainder After the Taking........................................................................... $732,500 Damage to Remainder........................................................................................................................... $0 * 48 Page 22 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Valuation of Easement 1. Description Easement No. 1NV0109TE Type of Easement Temporary Purpose of Easement Construction and grading Term of Easement if Temporary Five years or upon termination of construction, whichever occurs first. Station to Station Per attached legal Land Classification Commercial Present Use of easement area Vacant Highest and Best Use of easement area Commercial Area of Easement (Square Feet or Acres)1,220 SF Building Improvements in Easement to be Acquired None Land Improvements in Easement to be Acquired None Land Improvements in Easement to be Replaced by IDOT Contractors (no cost to owner) Paving as necessary Improvements in Easement not to be Acquired None a. * Market/Contributory Value of the Whole/Remainder Property before the Imposition of the Easement(s)*........................................................................................................................... $ 732,500 b. Contributory Value of Easement Area(s) before the Imposition of the Easement(s)................ $ 9,400 c. Contributory Value of the Easement Area(s) after the Imposition of the Easement(s)............. $ 5,800 d. Diminution or Change of Contributory Value of Easement Area(s) (b minus c)........................ $ 3,600 e. Contributory Value of the Whole/Remainder Property Outside the Easement Area(s) before Imposition of the Easement(s) (a minus b).............................................................................. $ 723,100 f. Contributory Value of the Whole/Remainder Property Outside the Easement Area(s) after Imposition of the Easement(s)................................................................................................ $ 723,100 g. Diminution or Change of Contributory Value of the Whole/Remainder Property Outside the the Easement Area(s) Due to the Imposition of the Easement(s) (e minus f).......................... $ - h. Total Compensation for Easement(s) (d plus g) ................................................................ $ 3,600 *Permanent easements should be considered first and temporary easements last. When analyzing a temporary easement after a permanent easement, the contributory value shown in line 2.a. of the temporary easement page should be the sum of line 2.c. and line 2.f. (Contributory value of the permanent easement area after the imposition of the easement plus contributory value of the remainder property outside the permanent easement area after the imposition of the easement.) 49 Page 23 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Valuation of Easement Description of Temporary Easement The temporary easement has 1,220 SF, outlined in the plan below and detailed in the table on the previous page. Term of the Temporary Easement The term of the temporary easement is five years or upon termination of construction, whichever occurs first. The easement period of five years is usually imposed to facilitate project scheduling. The actual use and construction period in the easement area is anticipated to be less than five years. The easement area is to be used as a work zoned for the reconstruction of the driveway and sidewalk. Valuation Inside Temporary Easement Area Based on an analysis of the comparable data previously cited, the contributory value for the temporary easement areas prior to imposition is $9,400. After imposition, the value of the easement areas is estimated to have a value of $5,800. The diminution in the market value of easement area is $3,600. Diminution In Value Outside Easement Area The imposition of the easement does not affect any useable parking spaces. Access to the property will be maintained during use the easement area. The sale comparison approach using the data previously cited was used to value the property outside of the easement area. Total Compensation for the Temporary Easement Refer to the table on the previous page for a breakdown of the temporary easement valuation. The total compensation for temporary easement is $3,600 and includes no damages. 50 Page 24 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Appraiser Certification In accordance with USPAP, I certify that, to the best of my knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. I have performed one service as an appraiser but no other services regarding the property that is the subject of this report within the three-year period immediately preceding the agreement to perform this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the Client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. I have made a personal inspection of the property that is the subject of this report. 10. No one provided significant real property appraisal assistance to the person signing this certification. As required by the Client, I further certify that: 11. I have afforded the property owner(s) or their designated representative the opportunity to accompany me at the time of inspection. 12. I have made a personal field inspection of the comparable sales relied upon in this appraisal report. 13. The subject and comparable sales relied upon in preparing this appraisal were as represented by the photographs contained within the report. 14. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act) and its implementing regulation 49 CFR Part 24, as well as the Illinois Department of Transportation’s Land Acquisition Policies and Procedures Manual. 15. I understand this report may be used in connection with the acquisition of right of way for a highway to be constructed by the State of Illinois with its funds and/or with the assistance of Federal-aid highway funds, or other Federal funds. 16. I have prepared this appraisal in accordance with the appropriate state laws, regulations and policies and procedures applicable to appraisal of right of way for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are non-compensable under the established laws of Illinois. 17. I have not given consideration to, or included in my appraisal, any allowance for relocation assistance benefits. 18. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, was disregarded in opining on the value of the property before the taking. Any decrease or increase in value caused by the actual acquisition of a part of the property was considered in opining on the value of the remainder after the taking. This statement is in compliance with 49 CFR 24.103(b) as well as IDOT’s Land Acquisition Policies and Procedures Manual. 19. I have not revealed the findings of this appraisal to anyone other than the Client, and that I will not do so until authorized by the Client or until I am required to do so by law, or until I am released from this obligation by having publicly testified to these findings. 20. The comments by the licensed real estate appraiser contained within this appraisal report on the condition of the property donot address "standards of practice" as defined in the Home Inspector License Act [225 ILCS 441] and 68 Ill. Adm. Code 1410 and are not to be considered a home inspection or home inspection report. 21. My opinion of the fair market value of the part taken and net damage to the remainder, if any, as of the effective date of this appraisal is $43,100 based upon my independent appraisal and the exercise of my professional judgment. Statements supplemental to this certification required by membership or candidacy in a professional appraisal organization, are described on an addendum to this certificate and, by reference, are made a part hereof. Nicholas F. Solano, MAI, FRICS Type of License: Certified General Real Estate Appraiser IL License #: 553-000268 Exp. Date: 09/30/2025 51 Page 25 of 25 plus addenda Parcel No: 1NV0109 LA 33A Template (rev. 11/25/2015) Additional Certification I certify that, to the best of our knowledge and belief: 1. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. 2. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 3. As of the date of this appraisal, Nicholas F. Solano, MAI, FRICS, has completed the requirements of the continuing education program of the Appraisal Institute for Designated Members. Nicholas F. Solano, MAI, FRICS Certified General Real Estate Appraiser IL #553.000268 Exp. 09/30/25 52 %281'$5,(6$3352;,0$7( 2+ Acre Development Site 914 Front St. (Rt. 31), McHenry, Illinois 60050 Jack Minero JMinero@StarckRE.com 815.382.9728 Elizabeth DeMeo EDeMeo@StarckRE.com 815.260.9042 StarckRE.com 382 W. Virginia Street, Crystal Lake, IL 60014 Information not verified or guaranteed. ©2020 BHH Affiliates, LLC. An independently owned and operated franchisee of BHH Affiliates, LLC. Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of HomeServices of America, Inc.® Equal Housing Opportunity. 53 2+ Acre Development Site 914 Front St. (Rt. 31) McHenry, Illinois 60050FOR SAL E PREMIUM LOCATION •High Visibility •Traffic Count: 17,307 Daily •All Utilities to Site •In the Heart of Business Corridor •Walking Distance to Metra, Shopping And Restaurants •239 Ft. Prime Frontage on Route 31 •Clean Phase II Environmental 2022 •Ideal for Retail or Mixed Use •Taxes 2021: N/A •PIN: 09-35-105-001 •=RQLQJ &+LJKZD\%XVLQHVV •Appraised Value 2022: $1,150,000 SALE PRICE: $995,000 6LWH Jack Minero JMinero@StarckRE.com 815.382.9728 Elizabeth DeMeo EDeMeo@StarckRE.com 815.260.9042 StarckRE.com 330 W. Virginia Street, Crystal Lake, IL 60014 Information not verified or guaranteed. ©2022 BHH Affiliates, LLC. An independently owned and operated franchisee of BHH Affiliates, LLC. Berkshire Hathaway HomeServices and the Berkshire Hathaway HomeServices symbol are registered service marks of Columbia Insurance Company, a Berkshire Hathaway affiliate. 54 55 6LWH 56 Copyright County of McHenry 2020. All information is provided 'as-is' with no guarantee of accuracy, completeness, or currency. Page 1 of 1 57 - 100% 0 SF 14,000 SF 17,196 SF - Sports & Entertainment Rent/SF/Yr: % Leased: Total Available: Typical Floor: RBA: Class: Building Type: Radius 1 Mile 3 Mile 5 Mile Population 2025 Projection 8,799 35,633 63,189 2020 Estimate 8,838 35,414 62,874 2010 Census 9,232 35,013 62,334 Growth 2020 - 2025 -0.44%0.62%0.50% Growth 2010 - 2020 -4.27%1.15%0.87% 2020 Population by Age 8,838 35,414 62,874 Age 0 - 4 531 6.01%1,997 5.64%3,494 5.56% Age 5 - 9 580 6.56%2,203 6.22%3,825 6.08% Age 10 - 14 606 6.86%2,394 6.76%4,190 6.66% Age 15 - 19 552 6.25%2,292 6.47%4,100 6.52% Age 20 - 24 484 5.48%1,972 5.57%3,568 5.67% Age 25 - 29 540 6.11%2,056 5.81%3,632 5.78% Age 30 - 34 597 6.75%2,192 6.19%3,797 6.04% Age 35 - 39 645 7.30%2,424 6.84%4,179 6.65% Age 40 - 44 566 6.40%2,255 6.37%3,947 6.28% Age 45 - 49 611 6.91%2,520 7.12%4,492 7.14% Age 50 - 54 628 7.11%2,681 7.57%4,862 7.73% Age 55 - 59 630 7.13%2,773 7.83%5,082 8.08% Age 60 - 64 524 5.93%2,344 6.62%4,321 6.87% Age 65 - 69 414 4.68%1,806 5.10%3,326 5.29% Age 70 - 74 324 3.67%1,338 3.78%2,431 3.87% Age 75 - 79 243 2.75%939 2.65%1,654 2.63% Age 80 - 84 158 1.79%567 1.60%958 1.52% Age 85+204 2.31%662 1.87%1,015 1.61% Age 65+1,343 15.20%5,312 15.00%9,384 14.93% Median Age 39.10 40.40 40.80 Average Age 39.00 39.50 39.60 Demographic Detail Report 914 Front St, McHenry, IL 60050 Copyrighted report licensed to Berkshire Hathaway Home Services Starck Realty - 97706.12/10/2020 Page 158 Demographic Detail Report 914 Front St, McHenry, IL 60050 Radius 1 Mile 3 Mile 5 Mile 2020 Population By Race 8,838 35,414 62,874 White 8,393 94.96%33,759 95.33%59,943 95.34% Black 120 1.36%401 1.13%737 1.17% Am. Indian & Alaskan 77 0.87%198 0.56%287 0.46% Asian 105 1.19%567 1.60%1,042 1.66% Hawaiian & Pacific Island 7 0.08%20 0.06%33 0.05% Other 137 1.55%468 1.32%832 1.32% Population by Hispanic Origin 8,838 35,414 62,874 Non-Hispanic Origin 7,032 79.57%30,674 86.62%55,846 88.82% Hispanic Origin 1,806 20.43%4,740 13.38%7,028 11.18% 2020 Median Age, Male 37.70 39.10 39.80 2020 Average Age, Male 37.60 38.30 38.80 2020 Median Age, Female 40.60 41.80 41.90 2020 Average Age, Female 40.30 40.50 40.40 2020 Population by Occupation Classification 7,009 28,362 50,542 Civilian Employed 4,542 64.80%18,828 66.38%33,902 67.08% Civilian Unemployed 148 2.11%636 2.24%1,159 2.29% Civilian Non-Labor Force 2,319 33.09%8,898 31.37%15,481 30.63% Armed Forces 0 0.00%0 0.00%0 0.00% Households by Marital Status Married 1,629 7,333 13,483 Married No Children 903 4,005 7,438 Married w/Children 726 3,328 6,045 2020 Population by Education 6,723 26,465 46,558 Some High School, No Diploma 655 9.74%2,059 7.78%3,435 7.38% High School Grad (Incl Equivalency)2,344 34.87%8,371 31.63%14,478 31.10% Some College, No Degree 1,680 24.99%8,176 30.89%14,686 31.54% Associate Degree 640 9.52%1,907 7.21%2,861 6.15% Bachelor Degree 920 13.68%3,948 14.92%7,339 15.76% Advanced Degree 484 7.20%2,004 7.57%3,759 8.07% Copyrighted report licensed to Berkshire Hathaway Home Services Starck Realty - 97706.12/10/2020 Page 259 Demographic Detail Report 914 Front St, McHenry, IL 60050 Radius 1 Mile 3 Mile 5 Mile 2020 Population by Occupation 8,255 34,600 62,512 Real Estate & Finance 272 3.29%1,257 3.63%2,291 3.66% Professional & Management 1,568 18.99%7,035 20.33%13,939 22.30% Public Administration 81 0.98%596 1.72%1,118 1.79% Education & Health 827 10.02%3,100 8.96%6,062 9.70% Services 1,070 12.96%3,557 10.28%5,776 9.24% Information 77 0.93%364 1.05%638 1.02% Sales 1,322 16.01%5,548 16.03%9,511 15.21% Transportation 75 0.91%375 1.08%589 0.94% Retail 721 8.73%2,942 8.50%4,849 7.76% Wholesale 185 2.24%645 1.86%1,355 2.17% Manufacturing 668 8.09%2,881 8.33%5,009 8.01% Production 673 8.15%2,507 7.25%4,387 7.02% Construction 346 4.19%1,845 5.33%3,362 5.38% Utilities 139 1.68%819 2.37%1,625 2.60% Agriculture & Mining 8 0.10%166 0.48%295 0.47% Farming, Fishing, Forestry 4 0.05%33 0.10%53 0.08% Other Services 219 2.65%930 2.69%1,653 2.64% 2020 Worker Travel Time to Job 4,406 18,085 32,521 <30 Minutes 2,675 60.71%10,011 55.36%16,928 52.05% 30-60 Minutes 1,111 25.22%5,089 28.14%9,671 29.74% 60+ Minutes 620 14.07%2,985 16.51%5,922 18.21% 2010 Households by HH Size 3,639 13,116 23,149 1-Person Households 1,090 29.95%3,217 24.53%5,218 22.54% 2-Person Households 1,114 30.61%4,191 31.95%7,609 32.87% 3-Person Households 551 15.14%2,153 16.42%3,975 17.17% 4-Person Households 518 14.23%2,060 15.71%3,664 15.83% 5-Person Households 217 5.96%928 7.08%1,688 7.29% 6-Person Households 77 2.12%346 2.64%634 2.74% 7 or more Person Households 72 1.98%221 1.68%361 1.56% 2020 Average Household Size 2.50 2.70 2.70 Households 2025 Projection 3,455 13,351 23,470 2020 Estimate 3,473 13,266 23,351 2010 Census 3,638 13,117 23,148 Growth 2020 - 2025 -0.52%0.64%0.51% Growth 2010 - 2020 -4.54%1.14%0.88% Copyrighted report licensed to Berkshire Hathaway Home Services Starck Realty - 97706.12/10/2020 Page 360 Demographic Detail Report 914 Front St, McHenry, IL 60050 Radius 1 Mile 3 Mile 5 Mile 2020 Households by HH Income 3,473 13,268 23,349 <$25,000 741 21.34%2,014 15.18%3,006 12.87% $25,000 - $50,000 583 16.79%2,057 15.50%3,483 14.92% $50,000 - $75,000 631 18.17%2,757 20.78%4,968 21.28% $75,000 - $100,000 476 13.71%1,944 14.65%3,218 13.78% $100,000 - $125,000 352 10.14%1,595 12.02%2,884 12.35% $125,000 - $150,000 279 8.03%1,037 7.82%1,958 8.39% $150,000 - $200,000 203 5.85%1,147 8.64%2,313 9.91% $200,000+208 5.99%717 5.40%1,519 6.51% 2020 Avg Household Income $83,934 $90,092 $95,903 2020 Med Household Income $64,001 $73,144 $76,690 2020 Occupied Housing 3,473 13,266 23,351 Owner Occupied 2,198 63.29%10,413 78.49%18,931 81.07% Renter Occupied 1,275 36.71%2,853 21.51%4,420 18.93% 2010 Housing Units 3,968 14,469 25,285 1 Unit 2,602 65.57%11,906 82.29%21,988 86.96% 2 - 4 Units 408 10.28%939 6.49%1,152 4.56% 5 - 19 Units 727 18.32%1,220 8.43%1,664 6.58% 20+ Units 231 5.82%404 2.79%481 1.90% 2020 Housing Value 2,198 10,414 18,931 <$100,000 167 7.60%757 7.27%1,265 6.68% $100,000 - $200,000 1,045 47.54%4,336 41.64%7,382 38.99% $200,000 - $300,000 736 33.48%3,324 31.92%5,879 31.05% $300,000 - $400,000 156 7.10%1,160 11.14%2,624 13.86% $400,000 - $500,000 63 2.87%528 5.07%1,123 5.93% $500,000 - $1,000,000 26 1.18%231 2.22%508 2.68% $1,000,000+5 0.23%78 0.75%150 0.79% 2020 Median Home Value $189,186 $203,430 $213,922 2020 Housing Units by Yr Built 3,969 14,500 25,541 Built 2010+50 1.26%426 2.94%599 2.35% Built 2000 - 2010 601 15.14%3,005 20.72%5,137 20.11% Built 1990 - 1999 410 10.33%2,286 15.77%4,496 17.60% Built 1980 - 1989 742 18.69%2,069 14.27%3,428 13.42% Built 1970 - 1979 677 17.06%2,316 15.97%3,784 14.82% Built 1960 - 1969 407 10.25%1,300 8.97%2,169 8.49% Built 1950 - 1959 481 12.12%1,484 10.23%2,864 11.21% Built <1949 601 15.14%1,614 11.13%3,064 12.00% 2020 Median Year Built 1976 1982 1982 Copyrighted report licensed to Berkshire Hathaway Home Services Starck Realty - 97706.12/10/2020 Page 461 10/10/23, 10:42 AM Nicholas Solano | connectMLS https://connectmls7.mredllc.com/common/PrintableView.jsp?viewport=true&soyName=dynaconn.soy.pages.mlsni.MLSNIPARLookupPage&dcid=E41…1/3 Address: 914 Front St Total Market Time: 999 Listing Summary MLS No:11471150 Cur. Status: Active Type: Land List Price: $995,000 Orig. LP: $995,000 Sold Price: Rental Price: $0 Orig. RP: Rented Price: List Date: 07/21/2022 List Broker: 54085 List Office: 5488 LMT: 447 Listing History Change Description Status Price Modified Date Updated By STATUS: NEW -> ACTV ACTV $995,000/$0 07/27/2022 Call Broker STATUS: DRF -> NEW NEW $995,000/$0 07/21/2022 Call Broker Listing Summary MLS No:10951764 Cur. Status: Cancelled Type: Land List Price: $220,000 Orig. LP: $179,000 Sold Price: Rental Price: $0 Orig. RP: Rented Price: List Date: 12/11/2020 List Broker: 54085 List Office: 5488 LMT: 425 Listing History Change Description Status Price Modified Date Updated By STATUS: CTG -> CANC CANC $220,000/$0 06/15/2022 Call Broker STATUS: RACT -> CTG CTG $220,000/$0 10/07/2021 Call Broker STATUS: TEMP -> RACT RACT $220,000/$0 10/07/2021 Call Broker STATUS: ACTV -> TEMP TEMP $220,000/$0 06/02/2021 Call Broker STATUS: PCHG -> ACTV ACTV $220,000/$0 02/23/2021 Call Broker STATUS: ACTV -> PCHG PCHG $220,000/$0 02/17/2021 Call Broker LIST_PRICE: $179,000 -> $220,000 PCHG $220,000/$0 02/17/2021 Call Broker RP: -> $0 PCHG $220,000/$0 02/17/2021 Call Broker STATUS: NEW -> ACTV ACTV $179,000 12/17/2020 Call Broker STATUS: DRF -> NEW NEW $179,000 12/11/2020 Call Broker Listing Summary MLS No:10881618 Cur. Status: Cancelled Type: Mixed Use List Price: $145,000 Orig. LP: $145,000 Sold Price: Rental Price: $0 Orig. RP: Rented Price: List Date: 09/24/2020 List Broker: 54085 List Office: 5488 LMT: 33 Listing History Change Description Status Price Modified Date Updated By STATUS: ACTV -> CANC CANC $145,000/$0 10/26/2020 Call Broker STATUS: NEW -> ACTV ACTV $145,000/$0 09/30/2020 Call Broker STATUS: DRF -> NEW NEW $145,000/$0 09/24/2020 Call Broker Listing Summary MLS No:10598046 Listing History Change Description Status Price Modified Date Updated By Listing & Property History Report 62 10/10/23, 10:42 AM Nicholas Solano | connectMLS https://connectmls7.mredllc.com/common/PrintableView.jsp?viewport=true&soyName=dynaconn.soy.pages.mlsni.MLSNIPARLookupPage&dcid=E41…2/3 Cur. Status: Cancelled Type: Mixed Use List Price: $449,900 Orig. LP: $449,900 Sold Price: Rental Price: $10 Orig. RP: Rented Price: List Date: 12/27/2019 List Broker: 50229 List Office: 5366 LMT: 186 STATUS: ACTV -> CANC CANC $449,900/$10 06/29/2020 Call Broker STATUS: NEW -> ACTV ACTV $449,900/$10 01/02/2020 Call Broker STATUS: DRF -> NEW NEW $449,900/$10 12/27/2019 Call Broker Listing Summary MLS No:09870521 Cur. Status: Cancelled Type: Mixed Use List Price: $474,900 Orig. LP: $474,900 Sold Price: Rental Price: $10 Orig. RP: Rented Price: List Date: 03/01/2018 List Broker: 50229 List Office: 5366 LMT: 667 Listing History Change Description Status Price Modified Date Updated By STATUS: ACTV -> CANC CANC $474,900/$10 12/27/2019 Call Broker STATUS: NEW -> ACTV ACTV $474,900/$10 03/07/2018 Call Broker STATUS: DRF -> NEW NEW $474,900/$10 03/01/2018 Call Broker Listing Summary MLS No:09516418 Cur. Status: Cancelled Type: Mixed Use List Price: $495,000 Orig. LP: $495,000 Sold Price: Rental Price: $10 Orig. RP: Rented Price: List Date: 02/28/2017 List Broker: 50229 List Office: 5366 LMT: 367 Listing History Change Description Status Price Modified Date Updated By STATUS: ACTV -> CANC CANC $495,000/$10 03/01/2018 Call Broker STATUS: NEW -> ACTV ACTV $495,000/$10 03/06/2017 Call Broker STATUS: DRF -> NEW NEW $495,000/$10 02/28/2017 Call Broker Listing Summary MLS No:08874807 Cur. Status: Cancelled Type: Mixed Use List Price: $575,000 Orig. LP: $575,000 Sold Price: Rental Price: $0 Orig. RP: Rented Price: List Date: 03/28/2015 List Broker: 50229 Listing History Change Description Status Price Modified Date Updated By STATUS: ACTV -> CANC CANC $575,000/$0 02/28/2017 Call Broker STATUS: NEW -> ACTV ACTV $575,000/$0 04/03/2015 Call Broker STATUS: DRF -> NEW NEW $575,000/$0 03/28/2015 Call Broker 63 10/10/23, 10:42 AM Nicholas Solano | connectMLS https://connectmls7.mredllc.com/common/PrintableView.jsp?viewport=true&soyName=dynaconn.soy.pages.mlsni.MLSNIPARLookupPage&dcid=E41…3/3 List Office: 5366 LMT: 704 *Listings that closed or went off-market prior to 01/01/2007 are not included in this report. 64 65 66 67 68 By Miguel.Coreano at 7:45 am, Jun 13, 2023 69 70 71 Page 1 of 2 (New 4/12) Owner: The City of McHenry, an Illinois municipal corporation Route: IL 31 Section: IL 120 to IL 176 County: McHenry Project No.: Job No.: R-91-013-07 Parcel No.: 1NV0109 & TE P.I.N. No.: 09-35-105-001 TEMPORARY CONSTRUCTION EASEMENT (Governmental Entity) The City of McHenry, a governmental entity organized and existing under and by virtue of the laws of the State of Illinois and duly authorized to do business under the Statutes of the State of Illinois, (Grantor), by Wayne S. Jett, its Mayor, for and in consideration of Three Thousand Six Hundred Dollars ($3,600.00), receipt of which is hereby acknowledged, and pursuant to the provisions of 50 ILCS 605/4 hereby represents that Grantor owns the fee simple title to and grants and conveys to the People of the State of Illinois, Department of Transportation, (Grantee), a temporary construction easement for the purpose of roadway construction and other highway purposes, on, over, and through the following described real estate: See attached legal description. Address: 914 Front Street, McHenry, McHenry County, Illinois 60050 situated in the County of McHenry, State of Illinois. The above-described real estate and improvements located thereon are herein referred to as the “premises.” The right, easement and privilege granted herein shall terminate Five years from the execution of this document, or on the completion of the proposed project, whichever is the sooner. Grantor shall have and retain all rights to use and occupy the premises and access to Grantor’s remaining property, except as herein expressly granted; provided, however, that Grantor’s use and occupation of the premises may not interfere with Grantee’s use of the premises in the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee’s agents which may cause damage to the Grantor’s remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. 72 Page 2 of 2 (New 4/12) Dated this day of , 20___. The City of McHenry By: _______________________________________ Signature Wayne S. Jett, Mayor ATTEST: By: _______________________________________ Signature Print Name and Title State of __________________________ ) ) ss County of _________________________ ) This instrument was acknowledged before me on ___________________, 20___, by Wayne S. Jett, as Mayor and _______________________, as __________________________ of The City of McHenry, a governmental entity organized and existing under the laws of Illinois. (SEAL) ______________________________________ Notary Public My Commission Expires: _________________ This instrument was prepared by and after recording, mail this instrument to: Illinois Department of Transportation ATTN: Bureau of Land Acquisition 201 Center Court, Schaumburg, IL 60196-1096 73 74 WTCFileNo I1 2020ME2139 0 Date 0617 2022 Fidelity NationalTitle InsuranceCompany ALTA Commitment IssuingAgentWheatlandTitleCompany 105W VeteransParkway Yorkville IL 60560 PreparedforIllinoisDepartmentofTransportation 1 201West Center Court Schaumburg IL60196 1096 Customer ReferenceIDOTParcelNumber1NV0109 NOTICE IMPORTANT READCAREFULLY THISCOMMITMENT ISAN OFFERTO ISSUEONE OR MORE TITLEINSURANCE POLICIES ALL CLAIMSOR REMEDIESSOUGHTAGAINST THE COMPANYINVOLVINGTHE CONTENTOF THIS COMMITMENTOR THE POLICY MUSTBEBASEDSOLELY INCONTRACT THISCOMMITMENT ISNOTAN ABSTRACT OF TITLE REPORT OFTHE CONDITIONOFTITLE LEGALOPINION OPINIONOF TITLE OROTHERREPRESENTATION OFTHE STATUSOF TITLE THEPROCEDURES USEDBYTHE COMPANYTO DETERMINEINSURABILITYOFTHE TITLE INCLUDINGANYSEARCH ANDEXAMINATION ARE PROPRIETARYTO THECOMPANY WEREPERFORMED SOLELYFORTHEBENEFITOF THECOMPANY AND CREATENOEXTRACONTRACTUALLIABILITY TO ANYPERSON INCLUDINGA PROPOSED INSURED THECOMPANY S OBLIGATIONUNDER THISCOMMITMENTISTO ISSUEA POLICYTO A PROPOSEDINSURED IDENTIFIEDIN SCHEDULEA IN ACCORDANCEWITH THETERMSANDPROVISIONSOFTHISCOMMITMENT THE COMPANYHAS NOLIABILITYOROBLIGATIONINVOLVINGTHE CONTENTOFTHIS COMMITMENTTO ANY OTHER PERSON WTC1808ldst 519 ioc 75 WTCFileNo I1 2020ME2139 0 Date 0617 2022 Prepared For Illinois DepartmentofTransportation 1 201 WestCenter CourtSchaumburgIL601961096 EffectiveDateofCommitment April 07 2020 EffectiveDate ofLaterDate June 06 2022 Job R 91 013 07 WTC I1 2020ME 21390 IL176 toIL120 EffectiveDate June 06 2022CountyMcHenrySection35 Section IL31 Township 45N Parcel 1NV0109 Range 8E Tax ParcelNumber s 0935105001 ISSUEDBY WheatlandTitle Company 105W Veterans Parkway Yorkville Illinois60560 Agentfor FidelityNational TitleInsuranceCompany 76 Date 06172022JobR9101307 IL176 toIL120 County McHenry Section IL31Parcel1NV0109 ALTA COMMITMENT FORMScheduleA WTCNumber I1 2020ME 21390 EffectiveDate June 06 2022 1 Policy orPoliciestobe issued 2006ALTA Owner s Proposed Amount ofInsurance 1 00000 Proposed Insured ThePeopleofthe State ofIllinois DepartmentofTransportation 2 The estateorinterest in theland described orreferred tointhis commitmentis aFee Simple andtitle heretois atthe effectivedatehereofvested in The Cityof McHenry anIllinois municipalcorporation 3 The landreferred toin this commitmentis described as follows SeeAttached Page 2 ofScheduleA ISSUEDBY WheatlandTitleCompany 105W Veterans Parkway Yorkville Illinois60560 Authorized Signatory ByAgentfor FidelityNational TitleInsuranceCompany JohnD Ammons 77 Date 06172022JobR9101307 IL176 toIL120 County McHenry Section IL31Parcel1NV0109 WTCNumber I12020ME 21390 ALTA COMMITMENT FORMScheduleAContinued LEGALDESCRIPTION OUTLOT NUMBERSIX 6 ACCORDING TOTHEPLAT OF WEST MCHENRY AS RECORDED IN THERECORDER SOFFICE OF MCHENRY COUNTY ILLINOIS INBOOK 24OF DEEDS ON PAGE 22 EXCEPTING AND RESERVINGTHEREFROM THE EASTERLY200 FEET THEREOF ASCONVEYEDBYWARRANTYDEEDFROMFRANKHWATTLESAND WIFE TOTHEVILLAGE OF MCHENRY SAID DEED BEINGRECORDED IN THERECORDER SOFFICE INMCHENRY COUNTY ILLINOIS IN BOOK162 OF DEEDS ON PAGE 103 SAID OUTLOTBEINGLOCATED IN ANDBEINGAPARTOF THENORTHWESTQUARTER OF SECTION 35 IN TOWNSHIP45 NORTH OF RANGE NUMBER8 EASTOF THETHIRDPRINCIPALMERIDIANSITUATEDINTHECITYOFMCHENRY IN THECOUNTYOF MCHENRY IN THE STATEOF ILLINOIS PERMANENTTAX NUMBER S 0935 105 001 ISSUEDBY WheatlandTitle Company 105W Veterans Parkway Yorkville Illinois60560 Agentfor FidelityNationalTitleInsurance Company 78 WTCFileNo I1 2020ME2139 0 Date 0617 2022 ALTA COMMITMENT FORMSCHEDULEBSection1 Requirements All ofthe following Requirements mustbe met 1 The Proposed Insuredmust notify the Companyinwritingofthe nameofany partynotreferred toin this Commitment whowill obtain aninterestin the Land or whowill makealoan on theLand The Companymaythen makeadditionalRequirementsorExceptions 2 Pay theagreed amount for the estate orinterest tobe insured 3 Pay the premiums fees andcharges forthePolicy tothe Company 4 Documents satisfactorytotheCompany thatconveythe Titleorcreate the Mortgagetobe insured orboth must be properlyauthorized executed delivered andrecorded in the Public Records SCHEDULEBSection2 Exceptions THIS COMMITMENTDOESNOTREPUBLISHANYCOVENANT CONDITION RESTRICTION ORLIMITATIONCONTAINEDIN ANYDOCUMENTREFERRED TO IN THIS COMMITMENTTOTHE EXTENTTHATTHE SPECIFICCOVENANT CONDITION RESTRICTION OR LIMITATIONVIOLATES STATEOR FEDERAL LAWBASED ON RACE COLOR RELIGION SEX SEXUALORIENTATION GENDERIDENTITY HANDICAP FAMILIALSTATUS ORNATIONAL ORIGIN ThePolicy will not insureagainstloss ordamage resultingfrom the terms andprovisions ofany leaseor easement identifiedin Schedule A andwill include thefollowing Exceptionsunless cleared tothesatisfaction ofthe Company Any defect lien encumbrance adverse claim or other matterthatappearsforthe first timeinthe Public Records oris created attaches oris disclosedbetweenthe Commitment Dateand the dateon which allofthe Schedule B Part I Requirementsare met ISSUEDBY WheatlandTitle Company 105W Veterans Parkway Yorkville Illinois60560 Agentfor FidelityNationalTitleInsurance Company 79 WTCFileNo I1 2020ME2139 0 Date 0617 2022 ALTA COMMITMENT FORMSCHEDULEB Exceptions The policy orpolicies tobe issued willcontainexceptions to thefollowing unlessthe sameare disposed oftothe satisfaction ofthe Company GENERAL EXCEPTIONS 1 Rightsorclaimsofpartiesin possession not shownbythe publicrecords 2 Any encroachment encumbrance violation variation oradversecircumstanceaffectingtheTitlethatwouldbedisclosedbyanaccurateandcompleteland survey ofthe Land 3 Easements orclaimsofeasements notshown bythepublicrecords 4 Any lien orright toalien for services labor ormaterialheretoforeorhereafter furnished imposedbylaw andnot shownbythe publicrecords 5 Taxes orspecial assessmentswhicharenot shownasexisting liens bythepublicrecords 6 Loss ordamagebyreasonoftherebeingrecorded inthepublicrecords any deeds mortgages lispendens liensorother titleencumbrancessubsequent tothe Commitment dateand priorto the effective dateofthe finalPolicy 7 All rightsand easementsin favorofthe holder ofanymineralestate and orcoal and or oil andgaslease and anypartyclaiming by through or under said holder ofthe mineral estateorcoaland oroil andgaslease ISSUEDBY WheatlandTitle Company 105W Veterans Parkway Yorkville Illinois60560 Agentfor FidelityNationalTitleInsurance Company 80 WTCFileNo I1 2020ME2139 0 Date 0617 2022 SPECIAL EXCEPTIONS 1 Thelien oftaxes forthe year 2022and thereafter Thereareno taxesdueorowingunder this tax parcel numberfor the yearof2021 for the property in question PERMANENTTAX NUMBER 0935105001 2 Defects liens encumbrances adverseclaims orother matters ifany created first appearing inthepublicrecords orattachedsubsequent totheeffective datehereof but prior tothe date theproposed insured acquires for value oftherecordthe estate orinterest thereoncoveredbythis commitment 3 Rightsofparties inpossession encroachments overlaps overhangs unrecorded easements deficiencyin quantity ofground farm drainage systems tile systems orirrigation systemswhichwouldbe disclosed byan accuratesurveyand inspection ofthe premises 4 Rightsofthe Public the Stateand theMunicipalityin and tothatpart ofthe land ifany takenor used for road purposes 5 ConfirmedSpecial Assessments ifany not certified tobythe Company 6 Financing Statements ifany not certifiedtobythe Company 7 For information purposes only the taxes areassessedtothe following For Parcel s 0935 105 001 City ofMcHenry 333 Green St McHenry IL60050 8 Conveyanceswithinthe past five years 1 JudicialSaleDeeddatedMay 4 2022and recorded May 4 2022asDocument No 2022R0016345madebyMcHenryCounty CircuitCourttoTheCity of McHenry an Illinoismunicipalcorporation recordedin the McHenryCountyRecordersOffice ISSUEDBY WheatlandTitle Company 105W Veterans Parkway Yorkville Illinois60560 Agentfor FidelityNationalTitleInsurance Company 81 WTCFileNo I1 2020ME2139 0 Date 0617 2022 9 Contiguousproperty owned byrecordtitle holder None PLEASE CONTACTOUR OFFICE REGARDING CONTIGUOUSPROPERTY ASTHE SUBJECTPROPERTY IS OWNEDBY MUNICIPALENTITY 10 ADedicationofRight ofWay for PublicRoad Purposesdated October3 1928 and recorded October3 1928as DocumentNo 1928R0085390madebyFrankHWattlesandEttaEWattlestoThePeopleoftheStateofIllinoisactingbyand through theDepartmentofPublicWorks andBuildings recordedin the McHenry County Recorders Office 11 Existing unrecorded leases ifany and all rightsthereofand all actsdoneor sufferedthereunderbyanylessee orbyanypartyclaiming by through orunder saidlease or lessees 12 Upon aconveyance or grantofeasementaffecting the subject property weshould be furnished with the properdocumentation including ifapplicable properlyexecutedresolutionsauthorizingtheexecutionofthedocumentsoftransferor easementgrant End Schedule B Pleasereferallinquiries toTJ Hiles630892 2323Ext 249 or JohnAmmons630892 2323Ext 224 ISSUEDBY WheatlandTitle Company 105W Veterans Parkway Yorkville Illinois60560 Agentfor FidelityNationalTitleInsurance Company 82 WTC FileNumber I1 2020ME 21390 Date 0617 2022 MINUTESOFCONDEMNATION Inorder thatwemayguaranteetitle after completionofanyproceedingsfor condemnationin exerciseoftheproposed insuredsrightofeminentdomain we notethe following I UponthefilingofcomplaintaproperLisPendens Noticeshould berecordedintheappropriateRecordersoffice II OurPolicy when issued willbe subjecttodirectattackuponanydecrees andorjudgmentsenteredin theproceedings III The followingpersons arenecessary partiestoanysuchproceedings A Allpartiesacquiringrightsin the premisessubsequenttothe date of the reportandprior toacompleteLisPendens B Any personotherthan thosehereinnamedknowntothe Plaintiff or the Plaintiffsattorneytohave orclaiman interestinthe premises C Ifitis knownthatanyofthenecessary partiesnamed hereinare deceased their heirsordeviseesshouldbemadeparties byname ifknownandifunknownthenbythenameanddescriptionofUnknown HeirsandDeviseesofsuchdeceased personorpersons D Ifitis notknownorcannot beascertainedwhetheranyofsaid necessary paritiesbelivingordead thensuchpartiesshould be madepartiesbynamealsosuchpartiesshouldbetheirheirsordevisees should bemadeparties tothe proceedings asUNKNOWNOWNERS E Allpersonsinpossession ofanypart ofthe premisesin question and allpersons whose rightswouldbedisclosed byaninspection ofthepremises F All partiesclaimingbythrough or underlease agreementswhetheroral orwritten forpremises G All parties claimingbyorthroughorunder installment contractsfor deedorlikeagreements H UnknownOwnersandNonRecordclaimants 83 WTC FileNumber I1 2020ME 21390 Date 0617 2022 MINUTESOFCONDEMNATION CONTINUED IV The followingpersons arenotedofrecordandarenecessarypartiesto anyproceedings A The Plaintiffis The People ofthe StateofIllinois DepartmentofTransportation B The Defendants are 1 TheCity ofMcHenry an Illinoismunicipalcorporation C Any partiesnamedabove whohave executedall necessarydocuments forthe GrantofEasement andRightofWayafterpaymentofagreed consideration theretoforeneednot bejoinedaspartydefendants forourpolicytobeissued END MINUTESOFCONDEMNATION 84 TRANSMITTALFORM WheatlandTitleCompany 105W VeteransParkway Yorkville Illinois60560 06172022 IllinoisDepartmentofTransportation1 201West CenterCourt Schaumburg IL60196 1096 WTC FileNumber I12020ME 21390 CustomerReference IL176toIL120SectionIL31 County McHenry JobR 91 01307 IDOTParcelNumber 1NV0109 TitleIs VestedIn TheCity ofMcHenry an Illinoismunicipalcorporation Accompanied withthistransmittal arethefollowingdocuments TitleDocument s 2022R0016345 Plat sNone OtherDocument s None 85 Page 1 of 2 (Rev. 2/15/15) Owner: The City of McHenry, an Illinois municipal corporation Route: IL 31 Section: IL 120 to IL 176 County: McHenry Project No.: Job No.: R-91-013-07 Parcel No.: 1NV0109 & TE P.I.N. No.: 09-35-105-001 WARRANTY DEED (Governmental Entity) (Non-Freeway) The City of McHenry, a governmental entity organized and existing under the laws of Illinois and duly authorized to do business in Illinois, in consideration of the sum of Thirty Nine Thousand Five Hundred and No/100 Dollars ($39,500.00), receipt of which is hereby acknowledged, and pursuant to the provisions of 50 ILCS 605/4, grants, conveys, and warrants to the People of the State of Illinois, Department of Transportation, (Grantee), the following described real estate in McHenry County, Illinois: See attached legal description. Address: 914 Front Street, McHenry, McHenry County, Illinois 60050 Grantor does not possess rights of Homestead in the premises. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by the opening, improving and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee’s agents which may cause damage to the Grantor’s remaining property. 86 Page 2 of 2 (Rev. 2/15/15) Dated this day of , 20___. The City of McHenry By: ___________________________________ Signature Wayne S. Jett, Mayor ATTEST: By: _______________________________________ Signature Print Name and Title State of __________________________ ) ) ss County of _________________________ ) This instrument was acknowledged before me on _________________, 20___, by Wayne S. Jett, as Mayor and ___________________________, as ____________________________ of The City of McHenry, a governmental entity organized and existing under the laws of Illinois. (SEAL) ______________________________________ Notary Public My Commission Expires: _________________ Exempt under 35 ILCS 200/31-45(b), Real Estate Transfer Tax Law. Date Buyer, Seller or Representative This instrument was prepared by and after recording, mail this instrument and future tax bills to: Illinois Department of Transportation ATTN: Bureau of Land Acquisition 201 Center Court, Schaumburg, IL 60196-1096 87 88 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: March 18, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Parks & Recreation Facilities & Special Use permit requests ATT: Permit List and Applications All fees and documentation have been satisfactorily submitted for the attached McHenry Parks Recreation Facilities & Special Use permit requests. If Council concurs, then it is recommended a motion is considered to approve the attached McHenry Parks & Recreation Facilities & Special Use permit requests. 89 FOR COUNCIL MEETING ON MARCH 18 Park Pavilion / Community Room - Beer & Wine and Special Use Permit Requests Date Applicant Location Purpose Permit 04/20/24 Emily Hendrix Veterans Park Birthday Party BW 05/05/24 Gina Abbate Veterans Park Communion Party BW 05/25/24 Kimberly Rawlings Veterans Park Birthday Party BW/SU 06/02/24 Lisa Micklinghoff Petersen A Graduation Party BW 06/29/24 Melissa Hum Veterans Park Special Event BW 06/29/24 Alexandra Garabedian Rec Center B Bridal Shower BW 07/06/24 Alberto Martinez Petersen B Birthday Party BW BW = Beer & Wine Permit SU = Special Use Permit 90 91 92 93 94 95 96 97 City of McHenry Council Meeting Minutes 3.4.24 MINUTES REGULAR CITY COUNCIL MEETING Monday, March 4, 2024, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 Roll Call: Mayor Jett called the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Mille, and Mayor Jett. Others present Attorney McArdle, Administrator Ostrovsky, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff-absent, Director of Public Works Wirch, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comment: None Consent Agenda: Motion to Approve the following Consent Agenda Items as presented: A. Resolution Authorizing the Deputy Clerk to Update the Official Zoning Map and to Publish a Notice of the Zoning Map Update B. Approve a Task Order in the amount of $35,970.00 to HR Green Inc. for Professional Engineering Services for the Kane Avenue water main replacement; C. February 20, 2024, City Council Meeting Minutes; D. February 21, 2024 Special City Council Meeting Minutes; E. Issuance of Checks in the amount of $182,097.93 A motion was made by Alderwoman Miller and seconded by Alderman Strach to approve the Consent Agenda Item as presented: Roll Call: Vote:7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 98 City of McHenry Council Meeting Minutes 3.4.24 2 Individual Action Item Agenda A. Thorntons Video Gaming Motion to approve a video gaming license to Thorntons Store 344 at 2108 W IL Route 120, and if approved, a motion to pass an Ordinance Amending Section 4-6-8, Subsection A – Number of Licenses, of the McHenry City Code. (Deputy Clerk Johnson) Alderwoman Bassi inquired about gaming in gas stations and truck stops in Crystal Lake/Woodstock. According to Deputy Clerk Johnson, he cannot prove if they do not or if there is a truck stop either he did not hear back regarding this. Alderman Glab talked about if one is getting gaming then others will want it. How do we not approve one and then not another, need to look at it that way. Alderman Santi brought attention to page 34 and the five bullet points wanting to know if these are requirements, and do they fill the demand in the amount of gas and diesel fuel that is being sold. Per, Deputy Clerk Johnson he has the paperwork stating that they qualify as a truck stop endorsement. Attorney McArdle was asked, and it is up to The Council to make the final call per Deputy Clerk Johnson. Alderman Santi stated It is a concern for him even though they have fulfilled the state requirements. He also asked if we know if the facility that is being built on Ringwood and 120 will fulfill the five bullet points, per Director Polerecky they will. Alderwoman Miller was not as concerned about the Thorton's ask but it appears if you are not a truck stop that it is good to say that the ordinance would prohibit that, to be eligible A or B license per Deputy Clerk Johnson. Right now they all have C licenses. She is concerned about the county around us. Alderman McClatchey would like to see no gas stations sell alcohol but has no problems with this item. A motion was made by Alderman Koch and seconded by Alderman McClatchey to approve Individual Agenda Items as presented: Roll Call: Vote:4-ayes: Alderman Glab, Alderman McClatchey, Alderman Strach, Alderman Koch, Alderwoman Miller. 2-nays- Alderman Sanit, Alderwoman Bassi. Motion approved. 99 City of McHenry Council Meeting Minutes 3.4.24 3 B. All Marine Retro Rental Agreement Motion to 1) approve the revocable concession agreement at Miller Point Park with All Marine Retro Rentals for a 3-year term with an optional two-year extension possibility of two additional years effective May 1, 2024 upon the expiration of the existing agreement, subject to the review and approval of the City Attorney; and 2) to pass an Ordinance Amending Section 4-2-6, Subsection D.7. Class G (Limited Service And Package) License, of the McHenry City Code. (Director Hobson) Alderman Glab asked to confirm if they have a packaged wine and beer it was confirmed, wanted to know if it was allowed at Miller Point, per Director Hobson in 2021 it was allowed. It is 11-7:30 pm that was approved with their licenses within certain parameters or triangle section. Deputy Clerk Johnson stated that part of this states that they have a G license with location and hours being outlined. Alderman Glab not seeing a benefit more than a one-year term, would not get behind it otherwise. Alderman Santi asked if the time slot stays the same, confirmed yes by Director Hobson. He is concerned about the three-year contract, is not comfortable with it, and would like one year and try to be as proactive as possible. Per Director Hobson, there are revokable parts of the contract that are added in, stated that it has been a good partnership with us supporting Shamrocks of the Fox, adding money towards the fireworks as well, and they have been investing as well. This conversation went on for some time. Dylan and Michelle, the owners spoke about the concept that they had provided that has not been done here before and implemented it here in McHenry. They explained the containers and what has been put into them along with the investment it took to update them. Retrofitting the boats and the cost of that along with the rest of the equipment that they had invested in felt that they could see how the business would be successful with it. It was also noted that they had been large contributors to donations as well, for the fireworks, bands, etc. Also expressed how they felt they were part of the community and wanted to bring joy to the residents. It was noted that they are not comfortable with a one-year contract because it makes it hard for them since they have planned out the next five years with staffing, costs, etc. No other public comment. *Clerks note: The new motion includes the 5% increase on annual renewal with annual renewal involving The Council to review and assurance that they will be provided with an outline footprint and drawing presented to them as well. A motion was made by Alderwoman Miller and seconded by Alderman McClatchey to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch. 1-nays- Alderman Glab. 0-abstained. Motion approved. 100 City of McHenry Council Meeting Minutes 3.4.24 4 C. Sheriff’s Marine Unit Building A motion to 1) waive the competitive bidding process; 2) accept the proposal from S.H. Freund and Sons Inc. in the amount of $461,516.75 for the construction of the Sheriff’s Marine Unit Building at Miller Riverfront Park; and 3) to approve a budget amendment to the Parks Developer Donations Fund expenses in the amount of $461,516.75 and Parks Developer Donations revenue in the amount of $411,516.75. (Director Hobson) Alderman Koch asked about the Parks Developer Donations Fund, Director Hobson stated we pay for it to be built and they reimburse the city. The invoices will be passed on to be submitted promptly. Alderman McClatchey stated he is excited about this. Alderwoman Bassi wanted to know if a sketch and floor plan could be provided, per Director Hobson would be happy to provide it. No public comment. A motion was made by Alderman McClatchey and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Strach, Alderman Koch, Alderwoman Miller. 1-nays- Alderwoman Bassi. 0-abstained. Motion approved. Staff Reports: Provided the 1st meeting of each month. Deputy Clerk Johnson asked for clarification regarding gas stations. C licenses is no response and wanted to make sure that the majority of the council was ok with it, you are not eligible and will not be offered a new liquor license. Director Hobson reminder 15-17 Shamrocks of the Fox: Shamrock Shuffle Saturday, 10 am will be when the river is dyed green, the tent will open at 11 am with open containers from 11- 6, and the parade is at noon. Sunday is the entertainment food trucks at Miller Point 12-6 open container and the fireworks show is at 7 pm. Mayor’s Report: Nothing City Council Comments: Alderman Strach, mentioned that last year there was a massive amount of people for the bridge of dying the river, wanted to know what the max capacity was, very concerned since there were so many. Chief Birk will add to the ops plan by watching how many people congregate on the bridge. Alderman Glab brought up the concrete situation and would like to make sure it is our responsibility to fix the sidewalks. 101 City of McHenry Council Meeting Minutes 3.4.24 5 Alderman Koch wanted to make sure the fireworks for Mr. Beck are addressed since he is also in his ward. It is coming back to the council on the 18th, per the email sent out by staff. Executive Session if needed: Not needed Adjourn: A motion was made by Alderman Santi and seconded by Alderman Koch to adjourn the meeting at 8:42 Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Strach, Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 102 Expense Approval Register McHenry, IL List of Bills Council Meeting- 3-18-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADVANCED TREE CARE ADVANCED TREE CARE 35756 03/18/2024 TREE TRIM AND PRUNE PGM 100-33-6950 77,029.00 Vendor ADVANCED TREE CARE Total: 77,029.00 Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD CHRISTOPHER B BURKE 190309 03/18/2024 MAIN ST P LOT REHAB 100-01-8900 5,855.00 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total: 5,855.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00664825 03/18/2024 MTHLY MAINT 225-00-5110 3,132.00 FOX VALLEY FIRE & SAFETY IN00665361 03/18/2024 M-S TOOL WORKS INC 225-00-5110 195.00 FOX VALLEY FIRE & SAFETY IN00666256 03/18/2024 MCRADIOS WORK DATE 2-12- 225-00-5110 9,420.00 FOX VALLEY FIRE & SAFETY IN00666434 03/18/2024 FOX MEADOWS PHASE I LLC 225-00-5110 195.00 Vendor FOX VALLEY FIRE & SAFETY Total: 12,942.00 Vendor: GLENDALE PARADE STORE GLENDALE PARADE STORE 523074A 03/18/2024 FLAG CARRIER HARNESS 100-2200 268.90 Vendor GLENDALE PARADE STORE Total: 268.90 Vendor: HRGREEN HRGREEN 8-172276 03/18/2024 GREEN ST 270-00-8600 4,166.47 Vendor HRGREEN Total: 4,166.47 Vendor: LANGTON GROUP LANGTON GROUP 58887 03/18/2024 RETAINER FOR SNOW 100-33-5110 19,074.30 Vendor LANGTON GROUP Total: 19,074.30 Vendor: LEXISNEXIS LEXISNEXIS 1236684-20240229 03/18/2024 FEB SEARCHES 100-22-5110 120.50 Vendor LEXISNEXIS Total: 120.50 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 2024R0004124 03/18/2024 ANNEX 2-22-24 100-01-6940 62.00 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 62.00 Vendor: SERRANO, IVETTE SERRANO, IVETTE 27865 03/18/2024 PGM CXL 100-41-3637 95.00 Vendor SERRANO, IVETTE Total: 95.00 Vendor: WATER WELL SOLUTIONS WATER WELL SOLUTIONS IL24-02-134 03/18/2024 WELL #2 HYRIP CHEM REHAB 510-31-8500 19,175.00 Vendor WATER WELL SOLUTIONS Total: 19,175.00 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 13199 03/18/2024 SLUDGE 510-32-5580 470.80 Vendor WINNEBAGO LANDFILL CO Total: 470.80 Grand Total: 139,258.97 3/13/2024 1:07:59 PM 103 Expense Approval Register Packet: APPKT02957 - 3-12-24 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 102,504.70 225 - ALARM BOARD FUND 12,942.00 270 - MOTOR FUEL TAX FUND 4,166.47 510 - WATER/SEWER FUND 19,645.80 Grand Total: 139,258.97 3/13/2024 1:07:59 PM 104 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting - 3-18-24 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: 1ST AYD CORPORATION 1ST AYD CORPORATION INV#PSI680092 03/18/2024 Brake Cleaner INV#PSI680092 510-32-6110 158.33 Vendor 1ST AYD CORPORATION Total: 158.33 Vendor: 5 STAR SPORTS ACADEMY INC 5 STAR SPORTS ACADEMY INC 7-2024 03/18/2024 Invoice Session 7 100-47-5110 912.00 Vendor 5 STAR SPORTS ACADEMY INC Total: 912.00 Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE & 387514 03/18/2024 City Fuel Pad - Bollards 100-33-6110 3,469.00 ADAMS STEEL SERVICE & 387535 03/18/2024 QTY-2 10x10x1/2 Steel Plate 510-32-5375 46.00 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 3,515.00 Vendor: AMAZON CAPITAL SERVICES AMAZON CAPITAL SERVICES #1QFG7NLRCRCP 03/18/2024 Event - Puzzle Competition 100-46-6920 79.92 AMAZON CAPITAL SERVICES #1WDX-H39T-7W 03/18/2024 Office Supplies 100-22-6210 101.90 AMAZON CAPITAL SERVICES #1WDX-H39T-7W 03/18/2024 Office Supplies 100-22-6210 14.37 AMAZON CAPITAL SERVICES #1WDX-H39T-7W 03/18/2024 Office Supplies 100-22-6210 37.20 AMAZON CAPITAL SERVICES #1WDX-H39T-7WW 03/18/2024 Evidence Supplies 100-22-6210 63.98 AMAZON CAPITAL SERVICES #1wyw-7mpw-9gYG 03/18/2024 Water Filter 100-03-6110 47.32 AMAZON CAPITAL SERVICES #1WYW-7MPW-GYg 03/18/2024 Lights 100-03-6110 166.99 AMAZON CAPITAL SERVICES #1WYW-7MPW-GYg 03/18/2024 Wall Trim 100-03-6110 86.22 AMAZON CAPITAL SERVICES #WDX-H39T-7WWL 03/18/2024 Cork Board 100-22-6210 39.98 AMAZON CAPITAL SERVICES 1QFG-7NLR-2-1-24 INV 03/18/2024 Event - Dad & Daughter 100-46-6920 63.95 AMAZON CAPITAL SERVICES 1QFG-7NLR-2-1-24 INV 03/18/2024 Recreation Center Supplies 400-00-6110 16.68 AMAZON CAPITAL SERVICES 1QFG-7NLR-CR 03/18/2024 Miller Point 100-45-6110 210.01 AMAZON CAPITAL SERVICES 1QFG-7NLR-CR 03/18/2024 Miller Point 100-45-6110 312.58 AMAZON CAPITAL SERVICES 1QFG-7NLR-CRC 03/18/2024 Doorbells 100-47-6110 67.94 AMAZON CAPITAL SERVICES 1QFG-7NLR-CRCP 03/18/2024 Office Supplies 100-41-6210 10.78 AMAZON CAPITAL SERVICES 1QFG-7NLR-CRCP 03/18/2024 Event - Dad/Daughter Gifts 100-46-6920 38.10 AMAZON CAPITAL SERVICES 1QFG-7NLR-CRCP 03/18/2024 Fitness - Head Set 400-40-6110 49.00 AMAZON CAPITAL SERVICES 1WDX-H39T- 03/18/2024 Office Supplies 100-23-6210 54.78 AMAZON CAPITAL SERVICES 1WDX-H39T- 03/18/2024 Office Supplies 100-23-6210 21.29 AMAZON CAPITAL SERVICES 1WDX-H39T-7WWL 03/18/2024 Uniform Order - D. Barrows 100-23-4510 87.95 AMAZON CAPITAL SERVICES 1WDX-H39T-7WWL 03/18/2024 Uniform Order - D. Barrows 100-23-4510 115.00 AMAZON CAPITAL SERVICES 1WYW-7MPW-9GYG 03/18/2024 Microwave 100-01-6110 139.99 AMAZON CAPITAL SERVICES 2-1-24 INV 1QFG-7NLR-C 03/18/2024 Fitness Bands 400-40-6142 229.99 AMAZON CAPITAL SERVICES 2-8-24 03/18/2024 Lights for City Admin Office 100-03-6110 167.64 AMAZON CAPITAL SERVICES -9GYG 03/18/2024 Shelving System New Van #112- 510-31-5370 1,205.40 AMAZON CAPITAL SERVICES INV 1WDX-H39T-7WWL 03/18/2024 Training Supplies 100-23-6210 88.25 AMAZON CAPITAL SERVICES INV 1WDX-H39T-7WWL 03/18/2024 Training Supplies 100-23-6210 34.08 AMAZON CAPITAL SERVICES INV#1QFG-7NLR- 03/18/2024 Office Supplies 100-41-6210 16.46 AMAZON CAPITAL SERVICES INV#1QFG-7NLR- 03/18/2024 Event - Dad & Daughter 100-46-6920 119.97 AMAZON CAPITAL SERVICES INV#1QFG-7NLR-CRCP 03/18/2024 Recreation Center: Equipment 400-40-6142 49.99 AMAZON CAPITAL SERVICES INV#WDX-H39 03/18/2024 Evidence Supplies 100-22-6210 41.23 AMAZON CAPITAL SERVICES WDXH39T7WWL 03/18/2024 Network Rack / Batteries 620-00-6270 273.75 AMAZON CAPITAL SERVICES WYW7MPW9GYG 03/18/2024 Access panel 100-03-6110 15.91 AMAZON CAPITAL SERVICES WYW-7PW-9gyg 03/18/2024 Presentation Clicker 100-03-6110 13.98 AMAZON CAPITAL SERVICES WYW-7PW-9gyg 03/18/2024 Badge Inserts 100-03-6110 31.88 Vendor AMAZON CAPITAL SERVICES Total: 4,114.46 Vendor: AQUALAB WATER TREATMENT, INC AQUALAB WATER TREATMENT, 12913 03/18/2024 12913 100-03-5120 100.00 Vendor AQUALAB WATER TREATMENT, INC Total: 100.00 3/13/2024 1:10:45 PM 105 Expense Approval Register Packet: APPKT02958 - 3-18-24 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ARAMARK REFRESHMENT SERVICES LLC ARAMARK REFRESHMENT 26943784 03/18/2024 Coffee #06943784 100-01-6110 224.20 Vendor ARAMARK REFRESHMENT SERVICES LLC Total: 224.20 Vendor: ARAMARK ARAMARK 26174980 03/18/2024 Mike Lange Uniform Pants 510-35-4510 95.96 Vendor ARAMARK Total: 95.96 Vendor: AXON ENTERPRISE INC AXON ENTERPRISE INC #INUS231468 03/18/2024 Inv #INUS231468 - Taser 100-22-8300 6,157.00 Vendor AXON ENTERPRISE INC Total: 6,157.00 Vendor: BADGER METER INC BADGER METER INC 80153387 03/18/2024 Inv# 80153387 510-31-5110 995.54 Vendor BADGER METER INC Total: 995.54 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 69238 03/18/2024 custodial supplies 400-00-6111 406.56 Vendor CABAY & COMPANY INC Total: 406.56 Vendor: COMCAST ENS COMCAST ENS 195763607 03/18/2024 Comcast Ethernet Network 620-00-5110 3,993.00 Vendor COMCAST ENS Total: 3,993.00 Vendor: DAHLIN, M, PC DAHLIN, M, PC 3-5-24 03/18/2024 FEBRUARY ADJUDICATION 100-03-5110 122.25 DAHLIN, M, PC 3-5-24 03/18/2024 FEBRUARY ADJUDICATION 100-22-5110 1,100.25 Vendor DAHLIN, M, PC Total: 1,222.50 Vendor: DAHM ENTERPRISES, INC DAHM ENTERPRISES, INC 2001 03/18/2024 February Land Application # 510-32-5580 680.00 Vendor DAHM ENTERPRISES, INC Total: 680.00 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS I08200 03/18/2024 I08200 100-03-5120 168.64 Vendor DREISILKER ELECTRIC MOTORS INC Total: 168.64 Vendor: ED'S TESTING STATION AND AUTOMOTIVE ED'S TESTING STATION AND INV#1393 03/18/2024 Veh. Inspections (416) 100-33-5370 59.50 Vendor ED'S TESTING STATION AND AUTOMOTIVE Total: 59.50 Vendor: FIRE HOUSE GYM FIRE HOUSE GYM 12-12-23 03/18/2024 Invoice Dec Classes 100-47-5110 3,044.50 Vendor FIRE HOUSE GYM Total: 3,044.50 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH #21750 03/18/2024 City Fuel Pad - Concrete #21750 100-33-6110 1,955.25 Vendor FISCHER BROS FRESH Total: 1,955.25 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 1648 03/18/2024 Landscaping supplies inv. 100-33-6110 456.50 FOXCROFT MEADOWS INC 1649 03/18/2024 Petersen Farm gardens 100-45-6110 489.00 Vendor FOXCROFT MEADOWS INC Total: 945.50 Vendor: GALLS LLC GALLS LLC 027248070 03/13/2024 Inv #027248070 - Uniform 100-22-4510 14.72 GALLS LLC 027220955 03/18/2024 Inv #027220955 - Uniform 100-22-4510 169.58 GALLS LLC 027222889 03/18/2024 Inv #027222889 - Uniform 100-22-4510 171.94 Vendor GALLS LLC Total: 356.24 Vendor: GORDON FLESCH COMPANY INC, GORDON FLESCH COMPANY IN14587391 03/18/2024 MFP DaaS / Monthly Page 620-00-5110 435.25 GORDON FLESCH COMPANY IN14588103 03/18/2024 MFP Monthly Page Count Ricoh 620-00-5110 484.77 Vendor GORDON FLESCH COMPANY INC, Total: 920.02 Vendor: GUARDIAN ALLIANCE TECHNOLOGIES GUARDIAN ALLIANCE 22955 03/18/2024 Inv #22955 - New Hire 100-22-5110 420.00 Vendor GUARDIAN ALLIANCE TECHNOLOGIES Total: 420.00 3/13/2024 1:10:45 PM 106 Expense Approval Register Packet: APPKT02958 - 3-18-24 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HAWKINS INC HAWKINS INC 67023345 03/18/2024 Chemical Delivery #6702345 510-32-6110 8,353.40 Vendor HAWKINS INC Total: 8,353.40 Vendor: HDR, INC HDR, INC 1200602880-11 03/18/2024 2023 COMPREHENSIVE & 100-03-5110 16,000.00 Vendor HDR, INC Total: 16,000.00 Vendor: HERITAGE-CRYSTAL CLEAN LLC HERITAGE-CRYSTAL CLEAN LLC INV#18526852 03/18/2024 Part Washer Service 510-32-5110 260.84 Vendor HERITAGE-CRYSTAL CLEAN LLC Total: 260.84 Vendor: HERO INSUSTRIES, INC HERO INSUSTRIES, INC 17745 03/18/2024 Inv #17745 - K9 Plush animal 100-22-6210 690.00 Vendor HERO INSUSTRIES, INC Total: 690.00 Vendor: HIGHSTAR TRAFFIC HIGHSTAR TRAFFIC 118197 03/18/2024 Street Sign 100-33-6110 84.25 HIGHSTAR TRAFFIC 118217 03/18/2024 1403 Oakwood (Insurance) - 610-00-5980 359.35 HIGHSTAR TRAFFIC 118281 03/18/2024 Street Signs #118281 100-33-6110 115.50 Vendor HIGHSTAR TRAFFIC Total: 559.10 Vendor: HOLCIM-MAMR, INC HOLCIM-MAMR, INC 719218236 03/13/2024 Sand/Grade 9 for Main St. 510-31-6110 412.11 HOLCIM-MAMR, INC 719218237 03/18/2024 Grade 9 for Shop Stock 510-31-6110 518.71 HOLCIM-MAMR, INC 719221564 03/18/2024 Grade 9 for Shop Stock 100-33-6110 1,053.51 HOLCIM-MAMR, INC 719232940 03/18/2024 1323, 1315 Riverside (LEAD) 510-31-6110 262.34 HOLCIM-MAMR, INC 719232941 03/18/2024 1323, 1315 Riverside (LEAD) 510-31-6110 410.45 HOLCIM-MAMR, INC 719247963 03/18/2024 Leonard Ave Service Leak -Sand 510-31-6110 150.75 HOLCIM-MAMR, INC 719247964 03/18/2024 Petersen Farm gardens: gravel 100-45-6110 1,907.04 HOLCIM-MAMR, INC 719247965 03/18/2024 3710 Timothy - Sewer - Grade 9 510-32-6110 516.53 Vendor HOLCIM-MAMR, INC Total: 5,231.44 Vendor: HOT SHOTS SPORTS HOT SHOTS SPORTS 3420 03/18/2024 invoice 3420 100-47-5110 3,874.50 Vendor HOT SHOTS SPORTS Total: 3,874.50 Vendor: ICC ICC 1001842558 03/18/2024 1001842558 100-03-5430 45.25 ICC 101735680 ORDER# 03/18/2024 101735680 100-03-5430 45.25 Vendor ICC Total: 90.50 Vendor: IMAGETEC LP IMAGETEC LP 726437 03/18/2024 Imagetec Monthly Lease 620-00-5110 275.55 Vendor IMAGETEC LP Total: 275.55 Vendor: INFOSEND, INC INFOSEND, INC 257830 03/18/2024 FEBRUARY W/S BILLS PRINTING 100-04-5310 2,574.29 INFOSEND, INC 257830 03/18/2024 FEBRUARY W/S BILLS PRINTING 100-04-5330 807.35 Vendor INFOSEND, INC Total: 3,381.64 Vendor: INTOXIMETERS INTOXIMETERS 754812 03/18/2024 Inv #754812 - Dry Gas 100-22-6110 177.75 Vendor INTOXIMETERS Total: 177.75 Vendor: JG UNIFORMS INC JG UNIFORMS INC 127515 03/18/2024 Inv #127515 - Uniform Order - 100-22-4510 111.50 Vendor JG UNIFORMS INC Total: 111.50 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 101960338 03/18/2024 kimball stock (101960338) 510-35-5370 179.43 KIMBALL MIDWEST 101981391 03/18/2024 kimball stock (101981391) 100-33-5370 328.00 Vendor KIMBALL MIDWEST Total: 507.43 Vendor: KIRCHNER, INC KIRCHNER, INC 62781 03/18/2024 52781 100-03-5120 2,188.50 KIRCHNER, INC 62804 03/18/2024 Fire Extinguisher Bracket 100-33-6115 59.50 Vendor KIRCHNER, INC Total: 2,248.00 3/13/2024 1:10:45 PM 107 Expense Approval Register Packet: APPKT02958 - 3-18-24 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: L&S ELECTRIC INC L&S ELECTRIC INC 715096 03/18/2024 SBR Feed Pump #3 Motor 510-32-5375 355.00 Vendor L&S ELECTRIC INC Total: 355.00 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY 127 03/18/2024 Invoice 127 100-47-5110 1,590.00 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 1,590.00 Vendor: MCHENRY COUNTY COLLEGE MCHENRY COUNTY COLLEGE 684 03/18/2024 DDI Class (Watkins) #684 100-03-5430 171.00 Vendor MCHENRY COUNTY COLLEGE Total: 171.00 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES #2024-159 03/18/2024 Desk Plate - Mace - #2024-159 100-33-6210 7.00 Vendor MCHENRY SPECIALTIES Total: 7.00 Vendor: ME SIMPSON CO INC ME SIMPSON CO INC 41957 03/18/2024 Inv# 41957 Leak detection 510-31-5110 865.00 Vendor ME SIMPSON CO INC Total: 865.00 Vendor: MENARDS - CRYSTAL LAKE MENARDS - CRYSTAL LAKE 7990 03/18/2024 Construction supplies 100-45-6110 152.50 MENARDS - CRYSTAL LAKE 8287 03/18/2024 Petersen gardens supplies 100-45-6110 188.11 Vendor MENARDS - CRYSTAL LAKE Total: 340.61 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 15113 03/18/2024 Recreation Center landscaping 400-00-5110 475.00 MENDEZ LANDSCAPING & 15921 03/18/2024 Contractual Landscaping: Parks 100-45-5110 3,750.00 MENDEZ LANDSCAPING & 16124 03/18/2024 Recreation Center landscaping 400-00-5110 475.00 MENDEZ LANDSCAPING & 16235 03/18/2024 Contractual Landscaping: Parks 100-45-5110 2,000.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: 6,700.00 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 267706W 03/18/2024 Petersen Park surveilance 620-00-8300 2,912.03 MID AMERICAN WATER OF 267782W 03/18/2024 Petersen Park surveilance 620-00-8300 74.20 MID AMERICAN WATER OF 267881W 03/18/2024 Repair clamp and mission 510-31-6110 572.42 MID AMERICAN WATER OF 268005W 03/18/2024 Flare to compression fittings 510-31-6110 134.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 3,692.65 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 233514 03/18/2024 445 232514 100-33-5370 59.70 Vendor MIDWEST HOSE AND FITTINGS INC Total: 59.70 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 99387 03/18/2024 Ahtletics Flyers Winter/Spring 100-47-6110 596.93 MINUTEMAN PRESS OF MCH 99388 03/18/2024 Envelopes 100-04-5330 127.14 MINUTEMAN PRESS OF MCH 99427 03/18/2024 Business Cards #99427 100-33-6210 142.50 Vendor MINUTEMAN PRESS OF MCH Total: 866.57 Vendor: MOBILE HEALTH SOLUTIONS CORP MOBILE HEALTH SOLUTIONS 30152 03/18/2024 Post Accident Drug/Alcohol 610-00-6940 205.00 MOBILE HEALTH SOLUTIONS 30204 03/18/2024 Post Accident Drug/Alcohol 610-00-6940 360.00 Vendor MOBILE HEALTH SOLUTIONS CORP Total: 565.00 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17598284 03/18/2024 Electrical supplies 100-45-6110 29.83 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 29.83 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE 547976 03/18/2024 New Hires, Randoms #547976 100-05-5110 299.00 NORTHWESTERN MEDICINE 547976 03/18/2024 Post Addicent - Zimmerman, 610-00-6940 174.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 473.00 Vendor: NORTHWESTERN UNIVERSITY CENTER FOR NORTHWESTERN UNIVERSITY 25484 03/18/2024 Inv #25484-25485 - Crash 100-22-5430 1,295.00 NORTHWESTERN UNIVERSITY 25485 03/18/2024 Inv #25484-25485 - Crash 100-22-5430 1,295.00 Vendor NORTHWESTERN UNIVERSITY CENTER FOR Total: 2,590.00 Vendor: OFFICIAL FINDERS LLC OFFICIAL FINDERS LLC 23554 03/18/2024 Invoice 23554 100-47-5110 360.00 3/13/2024 1:10:45 PM 108 Expense Approval Register Packet: APPKT02958 - 3-18-24 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount OFFICIAL FINDERS LLC 23614 03/18/2024 invoice 23614 100-47-6110 360.00 OFFICIAL FINDERS LLC 23669 03/18/2024 invoice 23669 100-47-5110 200.00 Vendor OFFICIAL FINDERS LLC Total: 920.00 Vendor: PACE ANALYTICAL SERVICES, LLC PACE ANALYTICAL SERVICES, I9570198 03/18/2024 Inv# I9573973, I9570198, 580-31-8500 3,582.80 PACE ANALYTICAL SERVICES, I9573979 03/18/2024 Inv# I9573973, I9570198, 580-31-8500 203.50 PACE ANALYTICAL SERVICES, I9578351 03/18/2024 Inv# I9573973, I9570198, 580-31-8500 7,868.85 PACE ANALYTICAL SERVICES, I9578352 03/18/2024 Biosolids Analysis # 510-32-5580 349.50 PACE ANALYTICAL SERVICES, I9586162 03/18/2024 Inv# I9586162 510-31-5110 810.00 Vendor PACE ANALYTICAL SERVICES, LLC Total: 12,814.65 Vendor: PETROCHOICE LLC PETROCHOICE LLC 51407361 03/18/2024 Fuel - WW - 51407361 510-32-6250 690.58 PETROCHOICE LLC 51432021 03/18/2024 Inv #51432021 - Fuel 100-22-6250 1,003.44 PETROCHOICE LLC 51432052 03/18/2024 Fuel - UTY - 51432052 510-35-6250 107.82 PETROCHOICE LLC 51432056 03/18/2024 51432056 100-03-6250 43.37 PETROCHOICE LLC 51432057 03/18/2024 Fuel - WW - 51432057 510-32-6250 92.12 PETROCHOICE LLC 51437256 03/18/2024 Parks fuel: 51437256 100-45-6250 1,101.12 PETROCHOICE LLC 51439205 03/18/2024 51438205 100-03-6250 75.44 PETROCHOICE LLC 51446129 03/18/2024 Fuel - STS - 51446129 100-33-6250 163.59 PETROCHOICE LLC 51461584 03/18/2024 Fuel - UTY - 51461584 510-35-6250 920.15 PETROCHOICE LLC 51461594 03/18/2024 51461594 100-03-6250 230.31 PETROCHOICE LLC 51461595 03/18/2024 Fuel - WW - 51461595 510-32-6250 401.34 PETROCHOICE LLC 51461596 03/18/2024 Fuel - WTR - 51461596 510-31-6250 148.40 PETROCHOICE LLC 51461597 03/18/2024 Parks Fuel: 51461597 100-45-6250 457.31 PETROCHOICE LLC 51461598 03/18/2024 Fuel - STS - 51461598 100-33-6250 1,426.75 PETROCHOICE LLC 51461599 03/18/2024 Inv #51461599 - Fuel 100-22-6250 5,066.59 PETROCHOICE LLC 51462570 03/18/2024 Inv #51462570 - Fuel 100-22-6250 30.95 PETROCHOICE LLC 51462573 03/18/2024 Inv #51462573 - Fuel 100-22-6250 23.15 Vendor PETROCHOICE LLC Total: 11,982.43 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 185550 03/18/2024 Inv #185550 - Service bars 100-22-6110 132.00 Vendor PETTIBONE & CO, P F Total: 132.00 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 25633 03/18/2024 Toilet rentals: Parks 100-45-5110 340.00 Vendor PITEL SEPTIC INC Total: 340.00 Vendor: PROSHRED SECURITY PROSHRED SECURITY 1363430 03/18/2024 Inv #1363430 - Monthly 100-22-5110 80.13 Vendor PROSHRED SECURITY Total: 80.13 Vendor: RADAR MAN INC RADAR MAN INC 6114 03/18/2024 Inv #6114 - Repair Pro Laser III 100-22-6110 680.00 Vendor RADAR MAN INC Total: 680.00 Vendor: RED WING BUSINESS ADVANTAGE RED WING BUSINESS 740-1-88813 03/18/2024 Chris Sandoz Boot Allowance 100-33-4510 206.99 RED WING BUSINESS 740-1-88945 03/18/2024 Ramirez, Esteban Shoe 510-35-4510 228.79 Vendor RED WING BUSINESS ADVANTAGE Total: 435.78 Vendor: REICHE'S PLUMBING SEWER RODDING CORP REICHE'S PLUMBING SEWER 2-24-24 03/18/2024 Plumbing work (Lead) 1315 510-31-5110 625.00 Vendor REICHE'S PLUMBING SEWER RODDING CORP Total: 625.00 Vendor: RELIABLE SAND & GRAVE L RELIABLE SAND & GRAVEL 8216 03/18/2024 Stone for 2 Water Service Leaks 510-31-6110 603.65 Vendor RELIABLE SAND & GRAVEL Total: 603.65 Vendor: RP LUMBER RP LUMBER 2102175 03/18/2024 City Fuel Pad - Lumber 100-33-6110 234.60 Vendor RP LUMBER Total: 234.60 3/13/2024 1:10:45 PM 109 Expense Approval Register Packet: APPKT02958 - 3-18-24 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: RUTHLESS PERFORMANCE LLC RUTHLESS PERFORMANCE LLC 3-12-24 03/18/2024 Fall/Winter Horseback Riding 100-47-5110 100.00 Vendor RUTHLESS PERFORMANCE LLC Total: 100.00 Vendor: SERVICEMASTER BY THACKER SERVICEMASTER BY THACKER 25376 03/18/2024 1415 Industiral Cleaning (Mar. 100-33-5115 500.00 Vendor SERVICEMASTER BY THACKER Total: 500.00 Vendor: SHAW MEDIA SHAW MEDIA 2141450 03/18/2024 2024 Road Program Ad 100-33-5110 177.64 SHAW MEDIA 2143458 03/18/2024 2024 HMA Materials Only Ad 100-33-5110 156.20 Vendor SHAW MEDIA Total: 333.84 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 0633519-IN 03/18/2024 Inv #0633519-IN - Evidence 100-22-6210 123.94 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 123.94 Vendor: SNAPOLOGY OF MCHENRY SNAPOLOGY OF MCHENRY 1277 03/18/2024 Snapology Inv 1277 400-00-5225 150.00 SNAPOLOGY OF MCHENRY 1279 03/18/2024 Cont - Snapology Inv. 1279 100-46-5110 484.00 Vendor SNAPOLOGY OF MCHENRY Total: 634.00 Vendor: TEXAS REFINERY CORP TEXAS REFINERY CORP 274742 03/18/2024 Generator Oil INV# 274742 510-32-6250 1,828.75 Vendor TEXAS REFINERY CORP Total: 1,828.75 Vendor: TODAY'S UNIFORMS TODAY'S UNIFORMS 251619 03/18/2024 Inv #251619 - Uniform Order - 100-22-4510 31.90 TODAY'S UNIFORMS 251632 03/18/2024 Inv #251632 - Uniform Order - 100-22-4510 35.95 TODAY'S UNIFORMS 251745 03/18/2024 Inv #251745 - Uniform Order - 100-22-4510 69.95 TODAY'S UNIFORMS 251746 03/18/2024 Inv #251746 - Uniform Order - 100-22-4510 69.95 TODAY'S UNIFORMS 251772 03/18/2024 Inv #251772 - Uniform Order - 100-23-4510 29.95 TODAY'S UNIFORMS 251778 03/18/2024 Inv #251778 - Uniform Order - 100-22-4510 56.95 TODAY'S UNIFORMS 251781 03/18/2024 Inv #251781 - Uniform Order - 100-23-4510 56.95 TODAY'S UNIFORMS 251902 03/18/2024 Inv #251902 - Uniform Order - 100-22-4510 59.95 TODAY'S UNIFORMS 251907 03/18/2024 Inv #251907 - Uniform Order - 100-23-4510 59.95 TODAY'S UNIFORMS 251989 03/18/2024 Inv #251989 100-23-4510 75.95 TODAY'S UNIFORMS 251991 03/18/2024 Inv #251991 - Uniform Order - 100-23-4510 75.95 TODAY'S UNIFORMS 252081 03/18/2024 Inv #252081 - Uniform Order - 100-22-4510 140.00 TODAY'S UNIFORMS 252597 03/18/2024 Inv #252597 - Uniform Order - 100-22-4510 45.95 TODAY'S UNIFORMS 252616 03/18/2024 Inv #252616 - Uniform Order - 100-22-4510 114.95 TODAY'S UNIFORMS 252640 03/18/2024 Inv #252640 - Uniform Order - 100-23-4510 160.00 TODAY'S UNIFORMS 252643 03/18/2024 Inv #252643 - Uniform Order - 100-23-4510 29.95 TODAY'S UNIFORMS 252660 03/18/2024 Inv #252660 - Uniform Order - 100-22-4510 99.95 Vendor TODAY'S UNIFORMS Total: 1,214.20 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 26716 03/18/2024 Inv #26716 - K9 Food/Training 100-22-6310 422.50 Vendor TOPS IN DOG TRAINING CORP Total: 422.50 Vendor: ULINE ULINE 174726885 03/18/2024 Rubber Gloves INV#174726885 510-32-6110 584.08 Vendor ULINE Total: 584.08 Vendor: USA BLUEBOOK USA BLUEBOOK 00293744 03/18/2024 Inv# 00293744 Lockout tagout 510-31-6110 227.49 Vendor USA BLUEBOOK Total: 227.49 Vendor: WARD & ASSOC INC, ROBERT H WARD & ASSOC INC, ROBERT H 23-150 03/18/2024 2024 Road Program: Shotcrete 100-33-5300 18,911.50 Vendor WARD & ASSOC INC, ROBERT H Total: 18,911.50 Vendor: WATER PRODUCTS - AURORA WATER PRODUCTS - AURORA 0321159 03/18/2024 B-Boxes 510-31-6110 720.00 WATER PRODUCTS - AURORA 0321360 03/18/2024 Brass fittings 510-31-6110 426.49 Vendor WATER PRODUCTS - AURORA Total: 1,146.49 3/13/2024 1:10:45 PM 110 Expense Approval Register Packet: APPKT02958 - 3-18-24 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: WELCH BROS INC WELCH BROS INC 3263872 03/18/2024 Manhole structures #3263872 100-33-6110 1,228.00 Vendor WELCH BROS INC Total: 1,228.00 Grand Total: 146,614.24 3/13/2024 1:10:45 PM 111 Expense Approval Register Packet: APPKT02958 - 3-18-24 AP CKS Fund Summary Fund Expense Amount 100 - GENERAL FUND 98,623.60 400 - RECREATION CENTER FUND 1,852.22 510 - WATER/SEWER FUND 24,936.37 580 - UTILITY IMPROVEMENTS FUND 11,655.15 610 - RISK MANAGEMENT FUND 1,098.35 620 - INFORMATION TECHNOLOGY FUND 8,448.55 Grand Total: 146,614.24 112 AS NEEDED CHECKS COUNCIL MEETING 3-18-2024 100 100-03-6110 ACE HARDWARE 02/02/2024 92.58 100 100-33-5370 ACE HARDWARE 02/02/2024 69.44 100 100-33-6110 ACE HARDWARE 02/02/2024 53.97 100 100-33-6115 ACE HARDWARE 02/02/2024 20.85 100 100-45-6110 ACE HARDWARE 02/02/2024 465.11 510 510-31-6110 ACE HARDWARE 02/02/2024 329.48 510 510-32-5375 ACE HARDWARE 02/02/2024 40.06 510 510-32-5380 ACE HARDWARE 02/02/2024 138.2 510 510-32-6110 ACE HARDWARE 02/02/2024 90.98 100 100-33-5520 COMED 02/02/2024 25.17 100 100-45-5510 COMED 02/02/2024 35.24 510 510-32-5510 COMED 02/02/2024 32.97 100 100-01-5110 GOVHR USA LLC 02/02/2024 8178.38 100 100-03-6110 HOME DEPOT CREDIT SERVICES 02/02/2024 365.37 100 100-22-6210 HOME DEPOT CREDIT SERVICES 02/02/2024 16.44 100 100-33-6110 HOME DEPOT CREDIT SERVICES 02/02/2024 192.52 100 100-45-6110 HOME DEPOT CREDIT SERVICES 02/02/2024 973.4 100 100-45-6270 HOME DEPOT CREDIT SERVICES 02/02/2024 314 510 510-31-6110 HOME DEPOT CREDIT SERVICES 02/02/2024 69.64 510 510-32-6110 HOME DEPOT CREDIT SERVICES 02/02/2024 297.92 100 100-45-6110 NORTHWEST ELECTRICAL SUPPLY CO INC 02/02/2024 16.15 610 610-00-5980 NORTHWEST ELECTRICAL SUPPLY CO INC 02/02/2024 1633.51 100 100-47-5110 STEVENSON HIGH SCHOOL 02/02/2024 288 290 290-00-8900 ILLINOIS DEPT OF NATURAL RESOURCES 02/08/2024 4560 100 100-04-5410 ILLINOIS GFOA 02/08/2024 400 100 100-01-5330 MINUTEMAN PRESS OF MCH 02/08/2024 71.94 100 100-04-5330 MINUTEMAN PRESS OF MCH 02/08/2024 190.96 100 100-01-6110 STAPLES BUSINESS CREDIT 02/08/2024 106.4 100 100-03-6110 STAPLES BUSINESS CREDIT 02/08/2024 161.31 100 100-03-6210 STAPLES BUSINESS CREDIT 02/08/2024 69.52 100 100-04-6110 STAPLES BUSINESS CREDIT 02/08/2024 204.33 100 100-22-6210 STAPLES BUSINESS CREDIT 02/08/2024 133.47 510 510-32-6210 STAPLES BUSINESS CREDIT 02/08/2024 149 100 100-22-5310 UPS 02/08/2024 82.75 610 610-00-5980 WOODMASTER FENCE 02/08/2024 3542 100 100-01-5110 BANKCARD PROCESSING CENTER 02/16/2024 468 100 100-01-6110 BANKCARD PROCESSING CENTER 02/16/2024 468.87 100 100-01-6940 BANKCARD PROCESSING CENTER 02/16/2024 -45.26 100 100-03-5430 BANKCARD PROCESSING CENTER 02/16/2024 195 100 100-05-5110 BANKCARD PROCESSING CENTER 02/16/2024 375 100 100-05-5410 BANKCARD PROCESSING CENTER 02/16/2024 230 100 100-06-5110 BANKCARD PROCESSING CENTER 02/16/2024 500 100 100-06-5410 BANKCARD PROCESSING CENTER 02/16/2024 125 100 100-22-5410 BANKCARD PROCESSING CENTER 02/16/2024 125 100 100-22-6210 BANKCARD PROCESSING CENTER 02/16/2024 272.23 100 100-03-5120 CINTAS CORPORATION LOC 355 02/16/2024 103.24 100 100-33-4510 CINTAS CORPORATION LOC 355 02/16/2024 486.91 100 100-33-5115 CINTAS CORPORATION LOC 355 02/16/2024 125.93 510 510-32-4510 CINTAS CORPORATION LOC 355 02/16/2024 960.95 510 510-32-5110 CINTAS CORPORATION LOC 355 02/16/2024 28.74 100 100-03-5370 FIRST BANKCARD 02/16/2024 114.75 100 100-22-5370 FIRST BANKCARD 02/16/2024 289.8 100 100-41-5330 FIRST BANKCARD 02/16/2024 132 100 100-41-5410 FIRST BANKCARD 02/16/2024 384 100 100-41-5420 FIRST BANKCARD 02/16/2024 359.18 100 100-41-6110 FIRST BANKCARD 02/16/2024 277.3 113 100 100-41-6110 FIRST BANKCARD 02/16/2024 252.47 100 100-42-5430 FIRST BANKCARD 02/16/2024 46 100 100-45-5110 FIRST BANKCARD 02/16/2024 120.75 100 100-45-6110 FIRST BANKCARD 02/16/2024 619 100 100-46-5110 FIRST BANKCARD 02/16/2024 82.5 100 100-46-6110 FIRST BANKCARD 02/16/2024 428.87 100 100-46-6920 FIRST BANKCARD 02/16/2024 157.92 400 400-00-5210 FIRST BANKCARD 02/16/2024 83 400 400-00-5321 FIRST BANKCARD 02/16/2024 326.22 400 400-00-5430 FIRST BANKCARD 02/16/2024 38 400 400-00-6110 FIRST BANKCARD 02/16/2024 75.57 400 400-40-5110 FIRST BANKCARD 02/16/2024 599 400 400-40-6142 FIRST BANKCARD 02/16/2024 96.96 620 620-00-5110 FIRST BANKCARD 02/16/2024 350 620 620-00-8300 FIRST BANKCARD 02/16/2024 134.26 510 510-31-5410 FIRST BANKCARD 02/16/2024 252 510 510-35-5410 FIRST BANKCARD 02/16/2024 252 100 100-22-5430 IPAC 02/16/2024 210 100 100-01-5410 MCEDC 02/16/2024 1500 510 510-31-6110 MID AMERICAN WATER OF WAUCONDA INC 02/16/2024 3879.22 100 100-22-5370 NAPA AUTO PARTS MPEC 02/16/2024 6198.96 100 100-33-5370 NAPA AUTO PARTS MPEC 02/16/2024 1449.08 100 100-45-5370 NAPA AUTO PARTS MPEC 02/16/2024 366.42 510 510-32-6250 NAPA AUTO PARTS MPEC 02/16/2024 197.76 100 100-45-5370 REINDERS INC 02/16/2024 383.27 100 100-41-5410 SAM'S CLUB 02/16/2024 140 100 100-46-6920 SAM'S CLUB 02/16/2024 386.9 510 510-31-6110 SHERWIN-WILLIAMS CO, THE 02/16/2024 273.74 100 100-03-6110 SHERWIN-WILLIAMS CO, THE 02/16/2024 58.91 100 100-22-5310 UPS 02/16/2024 16.57 100 100-41-5310 UPS 02/16/2024 41.46 100 100-22-5110 VERIZON WIRELESS 02/16/2024 50 100 100-22-5420 HAMPTON INN MACOMB IL 02/23/2024 237.54 100 100-03-5430 ICC 02/23/2024 165 100 100-03-5430 ICC 02/23/2024 367 100 100-01-6940 SECRETARY OF STATE 02/23/2024 8 510 510-32-5310 UPS 02/23/2024 13.29 100 100-33-5115 VANDERSTAPPEN SURVEYING & ENGINEERI 02/23/2024 4200 TOTAL: 53445.34 114 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 www.cityofmchenry.org Discussion Item TO: Mayor and City Council FROM: Ross Polerecky, Community Development Director FOR: March 18, 2024 Regular City Council Meeting RE: Request from Olde Mill Ponds HOA to place a well on City-owned property to supply water to their ponds and other water features. ATT: Maps (included in Agenda Supplement) Agenda Item Summary: City staff has been approached by the Olde Mill Ponds Homeowners Association asking to install a high capacity well on a City-owned parcel within Olde Mills Ponds. This well is to supply water to the ponds and other water features within the subdivision. Background: The Olde Mill Ponds subdivision was approved in 1996 and consists of 133 single family homesites. This subdivision is unique, having a water feature on all 133 homesites. Some homes sit on ponds, while others have a meandering creek running through the rear yards. Whether it is the pond or creek, a sophisticated systems of pumps and a well are needed to operate the water features. The design involves a high capacity well and series of pumps that fill the ponds and keep the water moving through the subdivision. About two years ago, the well started to fail, leaving the ponds almost empty and a dried-up creek. The HOA hired Marengo Well to investigate; it was their finding that the well has become full of sand and is no longer able to supply the amount of water needed to keep the ponds and creek operating as designed. The current well is located on a private resident’s property and will need to be properly abandoned, per the McHenry County Department of Health. The HOA is looking to install a new well, and they have indicated that the best available spot is on a vacant lot owned by the City of McHenry. Lot 106 is located at the intersection of Olde Mill Lane and Spring Creek Lane and was dedicated to the City when the subdivision was platted in the 1990s. The purpose of the dedication was for street, utility and bicycle path purposes. A power pole is located in an easement on the property which would allow for power to the well. Analysis: The Olde Mill Ponds HOA is requesting that City Council authorize the dedication of an easement on the property for the purpose of placing a new well. While the City has not used 115 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 www.cityofmchenry.org this lot for any purpose to date, the intention of the dedication was most likely for a future connection to Petersen Park if the park was ever improved. There is currently a farm field to the west of the lot in question, and single-family homes on the lots to the north and south. The City of McHenry does pay for the mowing of this lot. Staff is looking for direction on how to move forward and sees three potential options: 1. Approve an easement on the property for the HOA to install a well and transfer the maintenance obligation of the parcel (mowing) to the HOA through an agreement. 2. Sell the property to the HOA. An appraisal would need to be performed, and the property could be sold at fair market value. Staff would recommend that the City ask for a minimum 20’ easement from front to back for future sidewalk/bike path into Petersen Park. 3. Do not allow the use or sale of the property. Whichever option City Council chooses, there shall be no cost to the City of McHenry. All costs including surveying, title searches and appraisals should be paid for by the Olde Mill Ponds HOA. 116 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 www.cityofmchenry.org Lot Location 117 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 www.cityofmchenry.org Below is the requested easement area and the approximate location of the well. The easement requested would be roughly 35 feet wide (with a minimum width of 20 feet) and the full depth of the lot. 118 Suzanne Ostrovsky, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 sostrovsky@cityofmchenry.org 1 AGENDA SUPPLEMENT DATE: March 18, 2024 TO: City Council FROM: Suzanne Ostrovsky, City Administrator Carolyn Lynch, Finance Director RE: Transmittal of Proposed FY24/25 Budget Information for the General Fund (100), General Fund Operating Departments, Recreation Center Fund (400), Water Fund (510.31), Sewer Fund (510.32) and Utility Fund (510.35) ATT: Summary Sheets for: General Fund – Revenues, Expenditures and Fund Balance General Fund Operating Budgets Recreation Center Fund Water, Sewer and Utility Funds Capital Improvement Projects AGENDA ITEM SUMMARY: The purpose of this agenda item is for the City Council and City Staff to discuss information regarding the FY24/25 Budget. The March 18, 2024 meeting will focus on reviewing the following information: General Fund Revenues, Expenditures and Fund Balance (FY17/18-FY22/23 Actuals, FY23/24 Estimated, FY24/25 Proposed); Proposed General Fund Expenditures (Administration, Elected Officials, Community Development, Finance, Police, Dispatch Center, Public Works – Administration, Public Works – Streets, Parks and Recreation, Parks Maintenance); Recreation Center; Water and Sewer Fund revenues; Water and Sewer Fund expenditures related to Water, Sewer, Utility Division operations and capital projects; Capital Improvement and Capital Equipment projects based on available funding; and Capital Asset Maintenance and Replacement Fund projects. 163 2 You will note that the above list does not include a review of every fund that comprises the annual budget. However, these funds include all operational and personnel costs and serve as the basis for determining how the remaining municipal fund budgets are developed. Once the City Council has had a chance to review these fund budgets at the March 18, 2024 City Council Meeting, staff can then develop the remaining fund budgets for review at the April 1, 2024 City Council Meeting. This information will be provided on Wednesday, March 27, 2024. BACKGROUND: The City’s annual fiscal year budget covers the period beginning May 1st and ending April 30th. The budget document itself, upon completion, contains information relative to estimated revenues and planned operational and capital expenditures for the various funds of the municipality for the identified fiscal year. Although the budget is not formally adopted by the City Council until April of each year, the budget development process officially begins each October with the preparation of the annual tax levy, which is used to fund many of the current programs and services, along with the development/update of the Community Investment Plan. The budget preparation process provides the various divisions and departments of the City with the opportunity to review accomplishments, set goals and objectives, and identify the means for accomplishing these goals and objectives. Every employee of the municipality plays a role in the budgeting process – be it formulation, preparation, implementation, administration, or evaluation. Ultimately, Department Directors, through the Finance Director and City Administrator, are accountable to the City Council and to the residents of McHenry for the performance of departments in meeting the goals and objectives of a full-service municipality, and for the diligent fiscal management of funds, as set forth in the budget document. Department Directors, with input from their respective managers, superintendents and departmental staff, analyze historical data, review existing operational needs, and project anticipated operational needs in order develop line-item budget requests that allow them to maintain or enhance the level of programs and services within their departments. These detailed requests submitted to the City Administrator and Finance Director, and meetings are held with Department Directors to review and adjust requests based on identified need and anticipated revenues, keeping in mind the overall services that the municipality must provide to residents. As always, it is the goal of City Administration to present City Council with a balanced operating budget. This goal is achieved in the attached budget information. The discussion that follows includes analyses and recommendations based on the best available information that staff has at the time of budget development and reflects a commitment to meeting or exceeding budgetary guidelines as established by the National Advisory Council on State and Local Budgeting and the Government Finance Officers Association best practices on budgeting. 164 3 ANALYSIS – GENERAL FUND: The General Fund represents the core revenue and expense fund for municipal functions. General Fund Revenues are comprised of Intergovernmental sources such as Property Tax, State Sales Tax, Local Sales Tax, State Income Tax, State Replacement Tax, State Pull Tabs, Intertrack Wagering, State Communications Tax, and State Grants; Local Sources such as Franchise Fees, Licenses and Permits, Fines and Forfeitures, Charges for Services, and Interest Income; and Miscellaneous sources such as Donations and Reimbursements for Services. General Fund Expenses include personnel, contractual, supplies and other operating expenses related to the following operating budgets - Administration (100.01), Elected Officials (100.02), Community Development (100.03), Finance (100.04), Human Resources (100.05), Economic Development (100.06), Police Commission (100.21), Police (100.22), Police Dispatch (100.23), Public Works-Administration (100.30), Public Works-Streets (100.33), Parks and Recreation (100.41), and Parks Maintenance (100.45). Please reference the attached spreadsheet titled “General Fund – Revenues, Expenditures and Fund Balance Summary” for the following discussion. General Fund Revenue, Expenditure and Fund Balance Summary In summary, FY24/25 proposed General Fund Revenues and Expenditures reflect total revenues of $31,140,129 (an increase of $1,364,875 or 4.58% from the FY23/24 Budget amount – Row 27, Column W), and total operating expenditures of $30,289,012 (an increase of $996,073 or 3.40%, less capital, from the FY23/24 Budget amount – Row 38, Column W). This reflects a net difference (revenues over expenditures) of $851,117. Importantly, this means that the proposed General Fund Operating Budget, as presented, is BALANCED. While COVID-19 has made many revenues volatile over the last few years, the City has been fortunate to see recovery in many revenue sources. While specifics will be detailed in the discussion that follows, the primary reasons for increases in revenues relate to projections for State Income Taxes (an increase of $423,306 or 10.04% - Row 12, Column W), Intertrack Wagering Taxes (an increase of $13,000 or 52% - Row 17, Column W), Video Gaming Revenue (an increase of $25,000 or 2.78% - Row 18, Column W), Charges for Services (an increase of $171,000 or 14.09% - Row 22, Column W), Reimbursements (an increase of $609,344 or 19.79% - Row 23, Column W), and Interest Income (an increase of $250,000 or 71.43% - Row 24, Column W). These increases are partially offset by decreases to Property Taxes (a decrease of $40,379 or 0.8% - Row 9, Column W), State Sales Taxes (a decrease of $104,490 or 1.10% - Row 10, Column W), and Franchise Fees (a decrease of $40,000 or 10.53% - Row 19, Column W). Regarding General Fund Expenditures, Personnel costs are proposed to increase by $324,310, or 1.72% (Row 30, Column W) due to Union Contract increases, CPI-U increases for non-bargaining unit employees, the addition of a part-time FOIA Officer in the police department and higher insurance costs. It should be noted that a portion of the Police 165 4 Dispatch Center costs and the School Resource Officers that are in the middle and high schools are offset by General Fund Revenue increases in the form of reimbursements (reflected in Row 23, Column W) from dispatch partner agencies, customers, and the school districts. Most notably, FY24/25 General Fund Expenditures, as proposed, reflect increased Contractual costs of $400,952 or 10.55% (Row 31, Column W), and Transfers reflect an increase of $248,212 or 5.97% (Row 35, Column W). Reasons for these increases are discussed in detail beginning on page 10 of this memorandum. Finally, the FY24/25 General Fund Expenditures, as identified in this attachment, do not include any transfers for Capital Improvement or Capital Equipment at this time. As discussed in detail on pages 12 and 13 of this memo, the Fund Balance and Reserve Policy defines the process for transferring excess funds for capital needs. In FY22/23 and FY23/24, capital projects were budgeted in the General Fund using Fund balance, which canceled the Fund Balance transfer that would have occurred during the audit process. There are a few carryover projects from FY23/24 that are budgeted to be completed in FY24/25, as well as $100,000 in vehicle replacement purchases included in the General Fund Budget. At this time, estimated Fund Balance totals for FY23/24 show that there will be Fund Balance available to transfer to the Capital Accounts for projects, in accordance with the City’s policy. However, with the creation of the ComEd and Nicor Utility Taxes in FY2023/24, capital projects will be primarily budgeted using Utility Tax funds going forward. This may necessitate updates to the Fund Balance and Reserve Policy; this topic will be brought forward for City Council consideration after the FY23/24 audit has concluded. Carrying the General Fund Revenue and Expenditure estimates through the end of the fiscal year (April 30, 2024), it is projected that the total General Fund Balance will be $19,223,163 at the end of FY23/24 (Column V, Row 44). As defined in the Fund Balance and Reserve Policy, the estimated required 120-day General Fund Balance Reserve would be $10,096,337, so this balance is projected to be approximately $9,126,826 higher than the requirement. However, a significant amount of this fund balance is reserved for specific projects. American Rescue Plan Act (ARPA) COVID funds ($3,682,586) are reserved for the Route 31 widening capital project projected to commence in FY25/26; Public Safety Answering Point (PSAP, or 911) Grant funds ($1,240,442) are reserved specifically for dispatch expenses and are approved for spending by the NERCOM board; and Police Seizure Funds ($221,256) can only be allotted to specific Police eligible expenses. The remaining FY23/24 General Fund Balance that could be utilized for capital projects is $4,203,798 (Column V, Row 49); as you will see, a portion of this amount is budgeted for capital projects to be completed in FY24/25. REVENUES: General Fund Revenues – FY23/24 Budgeted, FY23/24 Estimated, FY24/25 Proposed General Fund Revenues are derived from a number of sources – taxes, video gaming, licenses and permits, fines and forfeitures, franchise fees, charges for services, reimbursement for services, donations, interest income, and other miscellaneous sources. Some revenues can be clearly identified and estimated based on historical performance or other factors. For example, Property Tax revenue is based on the adoption of the annual property tax levy. 166 5 However, the economic recession of 2007/2008 and the pandemic have served to remind local governments that economic-based revenues, such as Sales Taxes and State Income Taxes, are not guaranteed and are closely tied to the economy and disposable income. In estimating General Fund Revenues for the purpose of budget development, City Administration takes a conservative approach in order to: 1) ensure that General Fund Revenue projections are not overstated to avoid deficit spending and the need to utilize the General Fund Balance (e.g., 120 day unassigned fund balance) for operational expenses; 2) limit excessive increases in operating expenditures; and 3) maintain a financial “buffer,” in the form of the General Fund Balance, to protect the City from future unforeseen economic threats. Utilizing this philosophy, City Administration then considers past revenue performance, current economic trends, local economic conditions, and economic forecast models developed by the Illinois Municipal League (IML) for use by local governments in developing revenue projections for the purpose of budget development. FY23/24 Budgeted Revenues (Column U) In FY23/24, total budgeted General Fund Revenues were $29,775,254 (Column U, Row 27). Of this, $5,027,941 (16.9%) was from Property Taxes, $9,460,894 (31.8%) was from the City’s 1% share of the State Sales Tax, $3,866,480 (13.0%) was from the .75% Local Sales Tax, and $4,216,779 (14.2%) came from the City’s share of the State Income Tax. Revenues derived from these four (4) sources were budgeted at $22,572,094 or 75.8% of total General Fund Revenues. Of the remaining $7,203,160 (24.2%) in budgeted General Fund Revenues, $1,213,289 (4.1%) were from Charges for Services, $3,078,871 (10.3%) from Reimbursement for Services, $363,000 (1.2%) from Fines and Forfeitures, $295,000 (1.0%) from Licenses and Permits, $380,000 (1.3%) from Franchise Fees, $900,000 (3.0%) from Video Gaming, $200,000 from Telecommunications Tax (0.7%), $350,000 (1.2%) from Interest Income, and the remaining $423,000 (1.4%) came from all other sources combined. FY23/24 Estimated Revenues (Column V) The following estimated revenues are based on 10 months of actual revenues and projected through the remainder of the fiscal year (April 30, 2024). Unfortunately, in some cases this estimation is more difficult than simply annualizing by dividing the 10-month actual by 10 and multiplying by 12, due to the timing of when specific revenues are received. Further, FY23/24 Actual revenues will not be known and confirmed until approximately 2-3 months (June-July) after the close of the fiscal year due to the timing involved with the receipt of state-shared revenues and, ultimately, the completion of the annual audit in September/October 2024, 4-5 months into the new budget year. At this time, estimated General Fund Revenues are projected to be $31,192,842 (Column V, Row 27) or $1,417,588 (4.8%) higher than FY23/24 Budgeted revenues of $29,775,254. This reflects an estimated decrease of $640,759, or 2.0%, from FY22/23 Actual revenues of $31,833,601. Notably, FY23/24 Estimated Revenues, when compared to FY22/23 Actual revenues and FY23/24 Budgeted revenues, highlight the following: 167 6 (Row 10) State Sales Tax revenue is projected to be $37,185 (0.4%) lower than budgeted and $100,000 (1.1%) lower than the FY22/23 Actual amount. (Row 11) Local Sales Tax revenue is projected to be $73,735 (1.9%) lower than budgeted and $30,000 (0.8%) lower than received in FY22/23. (Row 10 + Row 11) Combined, total Sales Tax revenue is estimated to be $110,920 (0.8%) lower than budgeted and $130,000 (1.0%) lower than the FY22/23 Actual. State Sales Tax revenues have shown significant signs of an economic recovery since the beginning of COVID-19, but they have recently begun to this year are showing signs of level off. Estimates and proposed amounts for FY24/25 are extremely conservative, as City Administration watches the actual receipts closely. As a reminder, Local Sales Tax revenues do not include the sale of licensed or titled items such as cars, boats or motorcycles. As such, while the economic recovery and resulting increase in the sale of licensed vehicles has had a positive impact on the City’s portion of the State Sales Tax, it has not similarly impacted Local Sales Tax revenues. (Row 12) State Income Tax receipts are estimated to be $226,144 (5.4%) higher than budgeted and $58,494 (1.3%) higher than FY22/23. (Row 13) State Replacement Tax receipts are estimated to be $53,333 (27.7%) lower than budgeted and $99,766 (40.5%) lower than FY22/23. (Row 15) Self Storage Tax receipts are estimated to be $9,433 (7.9%) higher than budgeted and $85,376 (193.8%) higher than FY22/23. These taxes were not budgeted in FY22/23, as the tax was passed by City Council in June of 2022 and went to effect on 1/1/2023. (Row 18) Video Gaming revenues are estimated to be $926,806, which is $26,806 (3.0%) higher than budgeted and $15,603 (1.7%) lower than FY22/23. (Row 19) Franchise Fees revenues are estimated to be $34,027 (9.0%) lower than budgeted and $33,105 (8.7%) lower than FY22/23. (Row 22) Charges for Services revenues are estimated to be $271,867 (22.4%) higher than budgeted and $98,048 (7.1%) higher than FY22/23. (Row 23) Reimbursements for services revenues are estimated to be $425,262 (13.8%) higher than budgeted and $850,720 (32.1%) higher than FY22/23. The large increase over FY23/24 budget is due to Reimbursements for the two school resource officers in the middle schools that were not budgeted. 168 7 (Row 24) Interest Income revenues are esti mated to be $493,766 (141%) higher than budgeted and $404,144 (91.9%) higher than FY22/23 due to increased interest rates, as well as fund reserves held for Rt. 31 construction and other purposes. (Row 26) Miscellaneous Income revenues are estimated at $4,778 (6.2%) higher than budgeted and $2,043,202 (96.2%) lower than FY22/23. The large decrease over the FY22/23 actual is due to ARPA COVID funds received in FY22/23. In summary, FY23/24 Estimated Revenues are projected at $1,417,588 (4.8%) higher than budgeted primarily due to State Income Tax, Video Gaming receipts, Fines and Forfeitures, Charges for Services, Interest Income, and Reimbursements. When compared to FY22/23 Actual Revenues, total General Fund Revenues decreased $640,759 (2.0%). This is primarily due to State and Local Tax receipts, State Replacement Tax, and Miscellaneous Income. FY24/25 Proposed Revenues (Column W) FY24/25 Proposed General Fund Revenues represent a net increase of $1,364,875 (4.6%) from FY23/24 Budgeted revenues and a decrease of $693,472 (2.2%) from FY22/23 Actual revenues. Highlights of changes to General Fund Revenues proposed for FY24/25 include: (Row 9) At the direction of City Council, the City’s property tax levy was not increased for 2024. This, combined with declining Road and Bridge Taxes and property tax collection rates around 99%, resulted in an estimated Property Tax revenue decrease of $40,379 (0.8%) versus the FY23/24 Budget. (Row 10) State Sales Tax revenues are proposed at $9,356,404, which is $104,490 (1.1%) lower than FY23/24 Budget. The City has seen the leveling out of Sales Taxes during FY23/24, so FY24/25 revenue was conservatively decreased. o The Governor has proposed permanently eliminating the state-wide 1% Grocery Tax and has not proposed covering the losses from other sources for local governments. If this occurs, the City’s Sales Tax revenue would decrease by approximately an additional $900,000. This would be a significant reduction to the City’s overall budget. As of March 1, 2024, the Illinois Municipal League is actively lobbying against this proposal on behalf of Illinois municipalities. (Row 11) Local Sales Tax revenues are proposed at $3,874,618, an increase of $8,138 (.2%) from the amount budgeted in FY23/24. (Row 10 + Row 11) Combined State and Local Sales Tax revenues are proposed at $13,231,022, a decrease of $96,352 (0.7%) from the FY23/24 Budget amount. 169 8 (Row 12) State Income Tax revenues are proposed at $4,640,085, an increase of $423,306 (10.04%) from FY23/24. Regarding State Income Tax revenues, please note the following: o There are multiple agencies working to restore the Local Government Distributive Fund (LGDF), which includes Income Tax distribution, to its full 10 percent (which was cut to 6% in 2011, changed a few times since then and currently sits at just over 6%). Over the years, the Governor has proposed cutting an additional 10% from the LGDF. Restoring or cutting these funds could represent a large increase or decrease in revenues. Staff will continue to watch these developments closely in case expense adjustments need to be made to offset any decrease in revenue. (Row 14) State Telecommunication Tax revenues are proposed at $190,000, which is $10,000 (5.0%) less than the amount budgeted in FY23/24, as revenues have continued to decline over the last few years. (Row 15) Self Storage Tax receipts are expected to be $125,000 in FY24/25, an increase of $5,000 (4.2%) from the amount budgeted in FY23/24. (Row 18) Video Gaming revenues are proposed at $925,000, a $25,000 (2.78%) increase from the FY23/24 Budget amount. (Row 19) Franchise Fees revenues are proposed to decrease by $40,000, or 10.53% from the amount budgeted in FY23/24. (Row 20) Licenses and Permits revenues are proposed to decrease by $6,000, or 2.03% from the amount budgeted in FY23/24. (Row 22) Charges for Services revenues are proposed to increase by $171,000, or 14.09% from the amount budgeted in FY23/24. (Row 23) Reimbursements are proposed to increase $609,344 or 19.79%. This category includes the Police Dispatch Center revenues derived from partner and customer agencies served through this facility, police school resource officer reimbursements, police impound fees, and other miscellaneous reimbursements. (Row 24) Interest Income is proposed to increase $250,000 (71.43%) due to increasing interest rates. (Row 26) Miscellaneous Income is proposed to increase $116,456 or 151.24%, primarily due to anticipated Police Department Grant funds for body cameras. 170 9 In summary, FY24/25 Proposed Revenues are $1,364,875 (4.6%) higher than budgeted in FY23/24 and $52,713 (0.2%) lower than FY23/24 Estimated revenues. The primary reasons for the proposed increase include an increase in Local Sales Tax ($8,138), an increase to the Income Tax ($423,306), an increase to the Self Storage Tax ($5,000), an increase in Video Gaming revenues ($25,000), an increase in Fines and Forfeitures revenues ($15,000), an increase to Charges for Services revenues ($171,000), an increase to Reimbursement revenues ($609,344), an increase to Interest Income ($250,000), and an increase to Miscellaneous revenues ($116,456). These increases are partially offset by decreases to Property Tax revenue ($40,379), Sales Tax ($104,490), State Replacement Tax revenue ($70,000), State Telecommunication Tax revenue ($10,000), Franchise Fees revenues ($40,000), and Licenses and Permit revenues ($6,000). EXPENDITURES: General Fund Expenditures – FY23/24 Budgeted, FY23/24 Estimated, FY24/25 Proposed General Fund Expenditures include personnel, contractual, supplies and other operating expenses related to the following operating budgets - Administration (100.01), Elected Officials (100.02), Community Development (100.03), Finance (100.04), Human Resources (100.05), Economic Development (100.06), Police Commission (100.21), Police (100.22), Police Dispatch (100.23), Public Works-Administration (100.30), Public Works-Streets (100.33), Parks and Recreation (100.41), and Parks Maintenance (100.45). In addition, the General Fund also serves as a funding source for revenue transfers to other municipal accounts found within Special Revenue Funds, Debt Service Funds, Internal Service Funds, and Fiduciary Funds. FY23/24 Budgeted Expenditures (Column U) In FY23/24, total budgeted expenditures (capital and operating) were $31,881,339. Budgeted capital expenditures were $2,588,400, and budgeted operating expenditures were $29,292,939. While this amount reflected an increase of $2,858,417 (10.8%) from the FY22/23 Actual expenditures (Column T, Row 38), this difference was primarily due to contractual and personnel expenses. Three additional police officers, two lead telecommunicators, and a Communications Specialist were added to the Police, Dispatch, and Administration departments, respectively. These three positions added almost $700,000 to the budget. The additional $1.1 million was due to contract step and cost of living adjustments for bargaining unit employees and a 5% increase to non-bargaining unit employees as well as insurance increases. Contractual expenses increased just over $550,000 due to increased legal fees, contractual street resurfacing expenses, Comprehensive Plan expenses, and Façade grant expenses. FY23/24 Estimated Expenditures (Column V) In general, City Administration – including department directors, superintendents, and supervisors – closely monitors expenditures throughout the year to ensure that operating budgets stay within the approved amounts. The fiscal diligence of all of these individuals 171 10 most often results in expenditures being less than the amount budgeted. Even with surging prices due to recent inflationary pressures, expenditures have been well managed and continue to fall within the budget. For FY23/24, operating expenditures are estimated at $27,595,037, or $1,697,902 (5.8%) less than the budgeted amount of $29,292,939. Highlights of changes to FY23/24 Estimated Expenditures include: (Row 30) Reduced Personnel costs of $1,012,894 (5.4%) resulting from budgeted positions unfilled during the year and lower benefit costs. (Row 31) Contractual costs are estimated at $485,064 (12.8%) lower than the original budget, due to projects that are started (including the Comprehensive Plan and Streets Engineering) but not yet completed, and therefore will need to be carried over to FY24/25. (Row 32) Supply costs are estimated at $125,972 (10.9%) less than budget. (Row 33) Other estimated expenditures are estimated at $73,972 (5.6%) less than the original budget. (Row 34) Capital Outlay expenditures are $495,315 less than the original budget; however, funds have been carried over to complete a number of these projects in FY24/25. Note: City Administration anticipates changes to FY23/24 Estimated expenditures due to increases or decreases in revenues and expenses through the end of the fiscal year. FY24/25 Proposed Expenditures (Column W) FY24/25 proposed operating expenditures represent an increase of $996,073 (3.4%) from the FY23/24 Operating Budget amount of $29,292,939. Highlights of changes to General Fund Expenditures proposed for FY24/25 include: (Row 30) Personnel costs are proposed to increase $324,310 (1.72%) over the amount budgeted in FY23/24. Personnel costs include salaries, overtime, health/dental/life/vision insurance, FICA, Police Pension and IMRF retirement, and uniforms. Significant year-over-year changes include: 1. Personnel costs related to salaries account for a $341,077 increase from FY23/24 to FY24/25 due to contract steps and cost of living adjustments. Employees covered by collective bargaining units IUOE Local 150 (Public Works, Parks employees), FOP Unit 1 (Police Patrol), and FOP Unit 2 (Dispatch) receive contract steps and cost of living adjustments (IUOE Local 150 – 2.25%, FOP Unit 1 – 3.5% and FOP Unit 2 – 2.5%). Wage increases are included for Police Sergeants and other non-bargaining employees based on 172 11 the previous year’s Consumer Price Index for All Urban Areas (CPI-U), which was 3.34% in 2023. City Administration has used the CPI-U as the marker for non-bargaining unit employee increases since FY15/16. In FY24/25, the increases were set at 3.5%, just above the CPI-U. There is no additional merit component proposed for FY24/25. 2. Police Pension costs are proposed at $2,373,955 (of which $1,663,589 is a transfer to the Debt Service Fund to cover the Pension Obligation Bond). This equates to an increase of $37,427 (1.6%). Police Pension costs are determined by an actuary retained by the Police Pension Board and are based on several factors, including wages, investment rate, and age of the workforce. The City issued the Pension Obligation Bond in 2020 to set the City up to be 100% funded by the required deadline of 2040. 3. A second part-time Freedom of Information Act (FOIA) Officer position has been added to the Police Department budget to process the additional FOIA requests that are anticipated due to the addition of body cameras; this position is budgeted at $21,920. 4. NERCOM has voted to again use PSAP funds to supplement the budget. In FY22/23, $300,000 in PSAP funds was used to cover expenses; this was increased to $500,000 in FY23/24. For FY24/25, $700,000 in PSAP revenues are budgeted to offset dispatch center expenses. Note that the NERCOM board for the dispatch center approved adding two additional Lead Telecommunicator positions to the FY23/24 budget; however, these positions were not filled until December 2023, resulting in salary and benefit savings. 5. Total Benefit costs are proposed to decrease $88,447 (9.4%) due to decreases to insurance elections, FICA, and IMRF costs. (Row 31) Contractual costs are anticipated to increase by $400,952 (10.55%) from the amount budgeted in FY23/24 due to the following: 1. The purchase of Body Worn and In-Squad Cameras for the Police Department will add $265,768 to the FY24/25 budget. The Department will apply for grant funding to cover a portion of this cost; in anticipation of being awarded this grant, $115,456 has been budgeted in Reimbursement Revenue. Note that there will be a recurring annual cost for data storage after the first year of the contract. 2. Streets Department expenses were increased by $74,200 (30.29%) to cover an updated road condition survey. 3. Parks Department expenses were increased by $81,914 (28.29%) due to increased special recreation association (NISRA) dues, fees, and additional parks trip expenses. 173 12 4. Additional funds were added to other line items due to expected increases in prices due to inflation. (Row 32) Supplies expenditures are proposed to be increased by 0.61% ($7,100) due to increases in prices for all supplies. (Row 33) Other expenditures are anticipated to increase by $15,499 (1.18%) due to additional funds budgeted for Special Events. (Row 35) Transfers are anticipated to increase by $248,212 (5.97%) due to increased expenses in the Information Technology Fund. GENERAL FUND BALANCE: On February 1, 2016, City Council adopted a new Fund Balance and Reserve Policy that, in summary, establishes minimum levels for designated funds to ensure stability and meet future needs. This policy meets the reporting requirements of Government Accounting Standards Board (GASB) Statement 54, which requires the formal adoption of a policy for the classification of fund balances to categories other than “unassigned.” The policy was established to provide financial stability in the various municipal funds, ensure adequate cash flow for operations, and provide some assurance that the City will be able to respond to emergencies with fiscal strength. In regard to the General Fund Balance, specifically, the Fund Balance and Reserve Policy states: “General Fund – The unrestricted fund balance target should be set at 120 days (4 months) of estimated operating expenditures including those expenditures reported in other Governmental Funds that receive annual operating transfers, with the exception of transfers intended to fund capital projects. If the unreserved fund balance falls below 120 days, a plan will be developed to return to the target balance. If the unreserved fund balance reaches a low of 90 days (3 months), the plan will be implemented to return the fund balance to the target within a reasonable amount of time. One‐time revenues shall not be used to fund current operations.” This level of fund balance shall provide the capacity to: Offset unexpected downturns in elastic revenues due to fluctuations in the local, state and national economies or the loss of major sales tax contributor(s); Offset negative fiscal changes brought about by action or legislation of another unit of government or agency; 174 13 Ensure the continued, timely repayment of debt obligations that the City may have in the event of a financial downturn; Provide a sufficient cash flow for daily financial needs at all times; and, Provide a funding source for unanticipated expenditures or emergencies that may occur. As identified, the parameters in this policy help to guide City Administration in the development of the annual budget by ensuring that the General Fund Budget is presented as balanced, revenues over expenditures, while maintaining this reserve. Further, the establishment of the target minimum of 120 days provides clarity in identifying the level of funding that is available – once revenues, expenditures and fund balance are identified – to address the City’s capital needs. In other words, any funds remaining after meeting the operational and reserve needs of the municipality are “Assigned for Capital.” The FY23/24 Budget included a beginning General Fund balance of $17,718,443 (Column U, Row 6), based on FY22/23 audited financial information. Based on FY23/24 budgeted revenues, operating expenditures, and capital expenditures (which were funded with fund balance), it was anticipated that the ending fund balance would be $15,612,358 (Column U, Row 44), with an estimated ending unassigned 120-day fund balance of $9,739,783 (Column U, Row 45). With a total of $4,452,282 reserved for the Rt. 31 widening and other uses discussed on page 4 above, the anticipated balance to be transferred to the Capital Improvement Fund was projected to be $1,420,293 (Column U, Row 49). This figure was used to develop the FY24/25 Budget. As noted previously, the City recently implemented two Utility Taxes to address General Fund Capital needs. The ComEd Utility Tax was implemented for existing capital asset maintenance and replacement, and the Nicor Utility Tax was implemented for new capital assets. The City’s existing Capital Improvement and Capital Equipment Funds will be phased out once projects are completed within those funds; they will be replaced with the Capital Asset Maintenance and Replacement Fund (to be funded by the ComEd Utility Tax) and the Capital Asset New Project Fund (to be funded by the Nicor Utility Tax). As referenced above, due to these changes, the Fund Balance and Reserve Policy will likely need to be updated to provide direction for future years where revenues may be greater than expenses. ANALYSIS – GENERAL FUND OPERATING DEPARTMENTS: Please reference the attached operating department spreadsheets for the following discussion. General Fund Operating Departments include personnel, contractual, supplies and other operating expenses for the following departments - Administration (100.01), Elected Officials (100.02), Community Development (100.03), Finance (100.04), Human Resources (100.05), Economic Development (100.06), Police Commission (100.21), Police (100.22), Police Dispatch (100.23), Public Works-Administration (100.30), Public Works-Streets 175 14 (100.33), Parks and Recreation (100.41), and Parks Maintenance (100.45). These expenditures have already been summarized, in total, as part of the previous discussion of General Fund Revenues and Expenditures. The following narrative will focus on identifying the major points of each operating department. Note, the Budget Variance $ (Column W) and Budget Variance % (Column X) are based on a budget-to-budget comparison from the FY24/25 Budgeted amount to the FY23/24 Budgeted amount. General Administration (100.01) Overall, the Administration operating budget is proposed to decrease by $80,700 or 5.71% in FY24/25 (Column V, Row 59). Salary/Benefit costs are identified to decrease by a net of $62,562 or 7.76%, primarily due to the removal of expenses budgeted for a retirement payout. Contractual expenditures (Row 21), which includes property tax expenses, insurance administrative expenses, shredding, and other miscellaneous administrative costs, are expected to remain the same in FY24/25. Corporate Legal Fees (Row 22) include the City Attorney, Traffic Attorney and Collective Bargaining representation and are identified to decrease $30,000 in FY24/25. Other expenditures – which includes Administrative Expenses and internal transfers for Risk Management and Information Technology – is proposed to increase by $10,362 (Column V, Row 45). Elected Officials (100.02) The Elected Officials budget is proposed for a $1,361 increase, or 2.11%, due to an increase to internal transfers for Information Technology. (Column V, Row 37). Community Development (100.03) The Community Development budget is proposed increase $134,815, or 9.03% (Column V, Row 42). Salary/Benefit costs are budgeted to increase by $114,764 (12.42%). This includes $81,488 in non-union salary increases (which incorporates absorbing the transfer of an existing Customer Support Specialist position from Finance) and $33,276 in benefit cost increases. Contractual Services are identified to increase by $6,300 (1.53%). Supplies will remain the same, and the internal transfer for Risk Management and Information Technology will increase by $13,751 (12.38%). Finance (100.04) Salary/Benefit costs are anticipated to decrease by $59,840 (10.71%) due to moving an existing Customer Support Specialist position to the Community Development Department. Contractual Expenses are expected to increase $5,000 (7.04%) due to higher credit card fees and postage increases. Development Expenses are expected to be remain the same, as no 176 15 new incentives were added in FY23/24. Transfers for Debt Service, Civil Defense Fund, Information Technology, and Audit Funds are budgeted to increase by $29,910 (1.76%). Human Resources (100.05) Salaries/Benefit costs are budgeted to increase by $24,571 (8.82%), which is primarily due to salary and insurance increases. Contractual Services are budgeted to decrease by $16,500 (26.48%) due primarily to the removal of the FY23/24 expense for the City Administrator recruitment, while Other Expenses increase by $4,154 (18.97%) due to an increased Information Technology Fund transfer. Economic Development (100.06) Salary/Benefit costs are budgeted to increase by $7,516 (2.55%) due to salary and insurance increases. Contractual Services increase $6,050 (3.04%) due to increased Marketing expenses. Purchase of Services – Information Technology expenses increase by $2,006 (18.98%). Police (100.22) The Police budget is proposed at an overall increase of $578,122, or 4.72% from FY23/24. Salary costs (Column W, Rows 7 through 11) are identified to increase by $178,559 due to the addition of a second part-time FOIA officer, sworn salary increases, and non-sworn salary increases. These increases are offset by benefit decreases of $16,030 which are attributable to lower insurance costs due to insurance election changes. . As discussed earlier, Police Pension costs are determined by an actuary retained by the Police Pension Board and are based on a number of factors, including wages, investment rate, and age of the workforce. Contractual Services are budgeted to increase by $252,018 (68.22%) due to the purchase of body-worn and in-car cameras, increased telephone costs and training/travel. Supplies decrease by $16,950 (6.89%) due to lower gasoline usage/costs. The transfer to Information Technology increases by $127,409 (20.51%) due to higher expenses within the Information Technology Fund. Capital Expenses within the Police Department Budget include a speed sign, firearms simulator, furniture, handheld radar units, and miscellaneous police equipment. The FY24/25 capital budget also includes a project to install a security fence for a new fueling station at the Public Works garage; seizure funds will be used to pay for this $50,000 expense. Dispatch Center (100.23) FY24/25 represents the eighth full year of operation for the consolidated dispatch center, NERCOM, which serves 16 area agencies. The proposed FY24/25 budget has been presented and approved by the partners of the dispatch center. The total amount proposed for the dispatch center in FY24/25 is $3,164,925. Salaries/Benefit Costs show a net decrease of $10,464 (0.35%) due to decreased benefit costs. As referenced above, PSAP Grant Funds have been used for the past few years to offset NERCOM’s costs. For FY22/23, the partners voted to use $300,000 in PSAP Grant funds; for FY23/24, this was increased to $500,000 in PSAP Grant funds (which are currently reflected in the General Fund Balance due to timing). The partners voted to increase PSAP grant funds to $700,000 to support the dispatch center for FY24/25. This grant funding has helped to lower the overall cost to the City and the other 177 16 partners of the dispatch center, and the remaining funds can be used when updates are needed to the Center. As a reminder, the total dispatch center budget is also offset by more than $1.7 million in reimbursements as a result of the partnerships with the City of Woodstock, City of Harvard and McHenry Township Fire Protection District, and through charges for dispatch services paid by customers of the dispatch center. These are reflected as General Fund Revenues and included in Row 23 of the General Fund – Revenues, Expenditures and Fund Balance Summary sheet. Public Works Administration (100.30) The overall Public Works Administration budget is proposed to decrease by $19,840 (3.68%) due to decreases to salaries and insurance costs, offset slightly by an increase to transfers for Information Technology. Public Works Streets (100.33) The FY24/25 Public Works Streets budget is proposed to increase by a total of $125,216 (3.02%) from FY23/24. Salaries/Benefits are proposed to increase by $91,423 (5.42%) due to salary and insurance increases. Additionally, Contractual (Row 21) costs have been increased by $74,200 (30.29%) due to an updated road condition survey expense. Materials and Supplies costs have been reduced by $40,000 (6.97%) due to an analysis of historical trends. Transfers for Information Technology increase $4,823 (18.61%). Parks and Recreation (100.41) As of FY23/24, the Parks Maintenance department was removed from the Parks and Recreation budget, but all programming expenses related to the Recreation Division not associated with the McHenry Recreation Center are still included. Revenues from recreation programming, which are reflected in General Fund Revenues, offset many of these costs. The overall FY24/25 Parks and Recreation budget is proposed to increase by a total of $254,811 (15.95%). Salary/Benefit costs are identified to increase by a total of $50,795 (7.2%), primarily due to increases to Seasonal Salaries for increased programming; Contractual Services are budgeted to increase by $81,914 (28.29%) due to increased NISRA dues, increased fees, and trip fees; Supplies to increase by $25,400 (23.94%); and Other costs to increase by $56,702 (11.41%) due to increases to Special Events expenses and the Information Technology and Recreation Center Transfers. A Capital Expense of $40,000 was added to cover three basketball court renovations. Parks Maintenance (100.45) The Parks maintenance budget is proposed to increase by $86,685, or 5.78% from FY23/24. Salary/Benefit costs are identified to increase $30,685 (2.67%) due to contract and benefit increases. Contractual expenses will increase by $20,000 (9.64%) due to increased repair expenses. Supplies expenses will increase by $36,000 (25.0%) due to Petersen Farmhouse improvements and increased maintenance costs. 178 17 ANALYSIS – MCHENRY RECREATION CENTER: Please reference the attached spreadsheet titled “Recreation Center – Fund Summary” for the following discussion. The McHenry Recreation Center officially opened on February 29, 2016. With more than 800 memberships sold prior to the opening date, the McHenry Recreation Center exceeded all expectations through its third full year of operation. Unfortunately, the COVID-19 pandemic changed the outlook of the Recreation Center Fund, and revenues remain unable to meet the demands of increasing expenses. Staff is working diligently to produce a plan to make sure operating costs are covered with operating revenues. At the close of FY20/21 and FY21/22, the McHenry Recreation Center was required to use $183,183 and $137,793 of the Recreation Center Fund Balance, respectively, to balance the operating expenses. This left an ending fund balance of $99,076 at the end of FY21/22. This Fund Balance was intended to be used to pay for future capital needs of the facility and/or any recreation center expansion efforts, but was instead used to cover operating needs. During FY22/23, a $100,000 General Fund transfer was made to the Recreation Center to help cover operating expenses and debt service as the Center continued to recover from COVID-19 closures and declining memberships. Recreation Center revenues are directly tied to memberships, which decreased dramatically in FY20/21, stabilized in FY21/22 and have been slowly increasing in FY22/23 and FY23/24. Therefore, estimated actual revenues for FY23/24 are above budgeted amounts by $42,358 (Columns T and U, Row 30). FY23/24 expenditures directly related to the operation of the facility (Salaries/Benefits, Contractual Services and Supplies) are estimated at $25,892 higher than the budgeted amounts due to unbudgeted and unforeseen health insurance expenses. Total Estimated Expenses are expected to be $47,505 over budget, primarily due to an unexpected capital expense ($21,740 to replace a failed water heater). In developing the FY24/25 proposed revenue and expenditures budget, staff continues to estimate revenues conservatively to account for the slow increases in membership. An additional $150,000 Transfer from the General Fund has been included in the budget to cover the Recreation Center Debt Service payment and ensure that the fund is not running in a deficit. Staff is closely watching memberships and will continue to actively market the Recreation Center. Additionally, monthly membership fees have recently been increased to help alleviate some of the increasing operating expenses (i.e., minimum wage increases and material and supplies increases due to inflation). Revenues are proposed at $854,500, which is $71,344 (9.11%) higher than the budgeted amount in FY23/24. Total Expenditures for FY24/25 are budgeted to be $849,826, or $60,570 (7.67%) higher than FY23/24. 179 18 ANALYSIS – WATER AND SEWER FUND: The Water and Sewer Fund is an enterprise fund – that is, a business-type fund utilized to account for operations and activities that are financed and operated in a manner similar to a private business enterprise, and where the cost of providing goods and services to the general public on a continuing basis is expected to be recovered primarily through user charges, including operating costs and capital improvement costs related to the maintenance of the water and sewer utility systems. These charges fund the operations of the Water, Wastewater and Utility Divisions in the Department of Public Works. The operating functions of these three divisions are to provide a safe and reliable supply of high-quality potable water and to protect public health and the environment by treating sewage to meet stringent environmental standards prior to discharge. Expenses for the Utility Division are split between the Water and Wastewater Divisions, with approximately 63.7% of operating expenses paid from the Water Division and the remaining 36.3% paid from the Wastewater Division. Water and sewer revenues are derived directly from water and sewer sales, base charges, connection fees, and service penalties. These revenues should be sufficient to fund the operating and capital costs for the Water, Wastewater and Utility Divisions. Importantly, water and sewer revenues are driven by consumption and, as such, with a growing awareness of water conservancy (which the City supports) and wetter than average summer months, consumption has been relatively flat over the last ten years. The City commissioned a water and sewer rate study that was completed in FY13/14. The results of this analysis identified the need to adjust water and sewer rates at that time and to annually review and adjust water and sewer rates based on operational costs and implement water and sewer base fees to fund utility system capital improvements. As a reminder, Base Fee rate adjustments were completed during FY21/22 to directly address capital needs within the Water and Sewer Funds. As a result, water and sewer sales and service penalties will be designated for operating costs and will be analyzed with the budget process each year to ensure they meet all operating needs only. The narrative that follows provides a snapshot of the status of the Water and Sewer Fund and identifies operational and capital expenses. Please reference the attached worksheets titled “Water and Sewer Fund Summary (Fund 510, Department 31 Water, Water and Sewer Fund Summary (Fund 510, Department 32 Sewer, and Water and Sewer Fund Summary (Fund 510, Department 35 Utility)” for the following discussion. 180 19 Water and Sewer Fund Revenues, Expenditures and Capital FY24/25 Water Division FY24/25 Water Division operating expenditures are proposed at $2,573,791, an increase of $87,973 (3.54%) from FY23/24. This increase is due primarily to increasing personnel costs and benefit increases, as well as increases to Contractual Services, Materials and Supplies and Transfers to Information Technology. A 5% water rate increase is recommended for FY24/25 and will be brought before the City Council for consideration in mid‐2024. Water Capital Asset Maintenance and Replacement Projects It is estimated that the capital base charge of $8 will generate $550,000 in FY24/25 for capital projects. In FY24/25, this amount, along with reserves in the Water/Sewer Fund, will be used to fund the following water system capital projects identified in the Community Investment Plan - $800,000 for Water Tower 4 Repainting, $150,000 for Water Plant 2 Control Upgrade and MCC Relocation, $85,000 for Well 6 Pump Replacement & Aquifer Rehabilitation, and $250,000 for Kane Street Water Main Replacement. FY24/25 Wastewater Division FY24/25 Wastewater Division operating expenditures are projected at $3,661,956, an increase of $118,160 (3.33%) from FY23/24. This increase is due to increasing salary and benefit costs, as well as repair and maintenance and material and supplies costs. A 5% sewer rate increase is recommended for FY24/25 and will be brought before the City Council for consideration in mid‐2024. Sewer Capital Asset Maintenance and Replacement Projects It is estimated that the existing $7 capital base charge will generate $520,000 in FY24/25 for capital projects. This amount, along with existing Water and Sewer Fund Balance, will be used to complete capital projects. In FY24/25, the following sewer capital projects are identified in the Community Investment Plan - $178,504 for Freund Lift Station Pump and Mechanical Upgrade (Bidding & Construction), $325,000 for Sanitary Sewer Lining Annual Program, $20,000 for MCC 50 & MCC 70 HVAC Replacement, $40,000 for Dryer Rotary Joint Replacement, and $100,000 for Secondary Clarifier Drive Rebuilds (Clarifiers 1-4). FY24/25 Utility Division FY24/25 Utility Division operating expenditures are projected at $1,029,088, a decrease of $28,782 (2.72%) from FY23/24. Personnel Costs have decreased by $12,282 due to reduced benefit costs due to different insurance elections, and Contractual and Supplies expenses were decreased as well to better match actuals. As discussed above, the Utility Division is funded through transfers from the Water and Wastewater Division revenues. If transfers from the Water and Wastewater Divisions exceed expenses within the Utility Division, adjustments will be made in the following fiscal years, which may result in lower operating budgets for the Water and Wastewater Divisions. 181 20 ANALYSIS – CAPITAL IMPROVEMENT/CAPITAL EQUIPMENT PROJECTS: As stated earlier, the Capital Improvement and Capital Equipment Funds will be phased out as projects that were budgeted in those two funds are completed. These will be replaced by the newly-created Capital Asset Maintenance and Replacement Fund (funded by ComEd Utility Taxes) and the Capital Asset New Project Fund (funded by Nicor Utility Taxes). Any remaining fund balance will be transferred to the Capital Asset Maintenance and Replacement Fund to address maintenance of existing infrastructure and equipment. The following capital projects have been identified for implementation and funding through the FY24/25 General Fund budget. These include a combination of new projects as well as projects identified for “carryover” or “rebudgeting” from FY23/24 due to timing of the fiscal year end. As a reminder, as of FY21/22, the Local Street Program is funded primarily through Motor Fuel Tax revenues (as distinct from General Fund revenues). General Fund Projects using Fund Balance (in Administration Budget) Those projects with asterisks * are funded in whole or in part from non-municipal sources. Streets/Sidewalks/Signals South Main Street Parking Lot Engineering - $40,000 (Rebudget from FY23/24) Riverside Streetscape Design - $157,000 (Rebudget from FY23/24) Bull Valley Rd LBFP Phase I Engineering - $209,970* (Partial Rebudget from FY23/24) Riverside Sidewalk Engineering - $23,000 (Rebudget from FY23/24) Public Facilities City Gateway Entrance Signs - $240,000 (Rebudget from FY23/24) Motor Pool Vehicle Replacement - $50,000 Roller - $50,000 Capital Improvements/Equipment Fund Projects Public Safety License Plate Reader System - $35,000 (Rebudget from FY23/24) Streets/Sidewalks/Signals Venice Avenue Design - $48,000 (Rebudget from FY23/24) Capital Asset Maintenance and Replacement Fund Projects Parks and Recreation Knox Park Skate Park Improvements - $25,000 Motor Pool Wing Truck - $135,715 (Rebudget) 182 21 Concrete Truck - $82,200 (Rebudget) 1-Ton Dump - $135,000 (Rebudget) Patrol SUV Replacements – $295,000 Parks and Community Development Vehicle Replacements - $110,000 Maintenance Cart - $10,000 Street Sweeper - $335,000 Streets/Sidewalks/Signals South Main Street Parking Lot Paving - $350,000 Street Lights (Route 120) - $30,000 Motor Fuel Tax/Local Motor Fuel Tax Projects Streets/Sidewalks/Signals Local Street Program - $1,500,000 (MFT) Bull Valley Rd.* - $195,000 (Partial MFT) Local Street Program - $540,000 (Streets Expense Line Item) Oakwood Dr. Bridge Rehab Engineering - $159,770 (Streets Expense Line Item) Local Street Program - $330,000 (Local MFT) Barreville Rd. Engineering - $50,000 (Local MFT) Green St. STP - $93,000* (Partial MFT) Total General Fund = $1,167,459 Total Capital Improvements/Equipment Fund = $83,000 Total Capital Maintenance & Replacement Fund = $1,507,915 Total Motor Fuel Tax Fund = $1,730,400 Total Local Motor Fuel Tax Fund = $380,000 Total Non-Municipal Funding Sources = $359,881 Total Amount Funded = $5,228,655 Note that this includes General Fund capital projects only. Additional capital projects are included in the Information Technology Fund, Developer Donations Fund, and TIF Fund budgets. Water and Sewer Fund capital improvement and capital equipment projects were included as part of the review of this fund above. 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AJLNPRTUVWXY FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Budget Budget Actual Actual Actual Actual Actual Actual Budget Estimated Proposed Variance $ Variance % FUND BALANCE BEGINNING 7,303,780 7,266,953 7,263,313 7,033,891 9,983,276 14,702,950 17,718,443 17,718,443 19,223,163 1,504,720 8.49% REVENUES Property Taxes 4,947,812 4,945,232 4,950,914 4,940,219 4,844,022 4,975,754 5,027,941 5,000,455 4,987,562 (40,379) -0.80% State Sales Tax 7,659,203 7,765,544 7,810,823 8,730,755 9,227,405 9,523,709 9,460,894 9,423,709 9,356,404 (104,490) -1.10% Local Sales Tax 1,988,773 2,003,318 2,642,858 2,997,213 3,580,074 3,822,745 3,866,480 3,792,745 3,874,618 8,138 0.21% State Income Tax 2,456,160 2,792,465 2,655,608 3,276,353 4,301,251 4,384,429 4,216,779 4,442,923 4,640,085 423,306 10.04% State Replacement Tax 59,769 65,260 83,626 78,561 184,105 246,433 200,000 146,667 130,000 (70,000) -35.00% State Telecommunications Tax 129,378 123,903 260,750 244,938 209,789 198,361 200,000 190,300 190,000 (10,000) -5.00% Self Storage Tax - - - - - 44,057 120,000 129,433 125,000 5,000 4.17% Pull Tabs 886 883 930 893 674 1,312 1,000 310 500 (500) -50.00% Intertrack Wagering 49,872 46,192 40,725 16,080 31,550 39,296 25,000 39,184 38,000 13,000 52.00% Video Gaming 522,691 609,064 533,347 629,107 906,233 942,409 900,000 926,806 925,000 25,000 2.78% Franchise Fees 344,775 345,056 352,679 360,325 386,552 379,078 380,000 345,973 340,000 (40,000) -10.53% Licenses and Permits 368,219 440,575 274,640 346,134 397,499 313,857 295,000 298,874 289,000 (6,000) -2.03% Fines and Forfeitures 368,411 349,262 349,075 309,027 420,532 343,690 363,000 539,780 378,000 15,000 4.13% Charges for Services 1,142,382 1,182,875 1,191,117 927,154 1,271,413 1,387,108 1,213,289 1,485,156 1,384,289 171,000 14.09% Reimbursements 2,127,511 2,338,070 2,072,393 3,504,190 2,732,948 2,653,413 3,078,871 3,504,133 3,688,215 609,344 19.79% Interest Income 80,010 165,029 152,344 15,771 12,157 439,622 350,000 843,766 600,000 250,000 71.43% Donations 17,279 4,450 640 750 13,064 13,348 - 850 - - #DIV/0! Miscellaneous 251,325 313,172 325,294 25,720,555 2,158,123 2,124,980 77,000 81,778 193,456 116,456 151.24% TOTAL REVENUE 22,514,456 23,490,350 23,697,763 52,098,025 30,677,391 31,833,601 29,775,254 31,192,842 31,140,129 1,364,875 4.58% EXPENDITURES Personnel 16,450,544 16,671,961 17,064,143 41,566,435 16,285,444 17,037,545 18,859,878 17,846,984 19,184,188 324,310 1.72% Contractual 2,170,853 2,166,593 2,249,031 2,007,064 1,967,719 3,251,340 3,801,918 3,316,854 4,202,870 400,952 10.55% Supplies 896,035 863,022 914,317 645,947 977,964 1,091,952 1,160,070 1,034,098 1,167,170 7,100 0.61% Other 786,570 795,806 864,056 1,580,459 1,092,852 1,289,053 1,316,511 1,242,539 1,332,010 15,499 1.18% Capital Outlay 355,432 1,050,698 1,060,049 1,744,150 1,727,328 2,383,586 2,588,400 2,093,085 892,070 (1,696,330) -65.54% Transfers 1,891,849 1,954,260 1,775,589 1,604,585 3,906,410 3,764,632 4,154,562 4,154,562 4,402,774 248,212 5.97% TOTAL EXPENDITURES 22,551,283 23,502,340 23,927,185 49,148,640 25,957,717 28,818,108 31,881,339 29,688,122 31,181,082 (700,257) -2.20% TOTAL OPERATING EXPENDITURES 22,195,851 22,451,642 22,867,136 47,404,490 24,230,389 26,434,522 29,292,939 27,595,037 30,289,012 996,073 3.40% EXCESS/(DEFICIENCY) REVENUES OVER EXPENDITURES (36,827) (11,990) (229,422) 2,949,385 4,719,674 3,015,493 (2,106,085) 1,504,720 (40,953) NET CHANGE IN FUND BALANCE (36,827) (11,990) (229,422) 2,949,385 4,719,674 3,015,493 (2,106,085) 1,504,720 (40,953) FUND BALANCE ENDING 7,266,953 7,254,963 7,033,891 9,983,276 14,702,950 17,718,443 15,612,358 19,223,163 19,182,210 Less Unassigned - 120 days 7,350,447 7,640,353 8,045,963 7,946,826 8,788,191 8,787,381 9,739,783 10,096,337 10,096,337 Less Assigned for Rt 31 Widening 3,682,586 3,682,586 3,682,586 3,682,586 Less PSAP Grant Funds 769,696 769,696 1,240,442 1,540,442 Less Seizure Funds 221,256 171,256 Assigned for Capital (83,494) (385,390) (1,012,072) 2,036,450 5,914,759 4,478,780 1,420,293 4,203,798 3,691,589 General Fund ‐ Revenues, Expenditures and Fund Balance Summary 22 22 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 301,140 318,799 350,538 584,376 457,104 527,891 (56,485) -9.67% 4050 Overtime 146 - - 1,000 750 1,000 - 0.00% 4110 Salaries - Seasonal 74 - - - - - - #DIV/0! 4220 Board and Commission Expense 6,087 2,644 6,313 16,000 6,300 6,500 (9,500) -59.38% 4310 Health Insurance 65,217 68,609 65,290 103,101 58,201 114,250 11,149 10.81% 4320 Dental Insurance 1,723 2,497 3,037 4,333 3,195 4,337 4 0.09% 4330 Life Insurance 215 257 266 476 212 288 (188) -39.50% 4340 Vision Insurance 152 297 338 474 340 448 (26) -5.49% 4410 FICA Medicare 20,832 21,810 23,891 38,729 33,969 37,742 (987) -2.55% 4420 IMRF Retirement 36,324 37,316 36,104 57,250 43,821 50,721 (6,529) -11.40% 4510 Uniform Allowance 246 413 83 950 699 950 - 0.00% TOTAL SALARIES/BENEFITS 432,156 452,642 485,860 806,689 604,591 744,127 (62,562) -7.76% Contractual Services 5110 Contractual 154,956 95,321 56,358 100,000 91,928 100,000 - 0.00% 5230 Corporate Legal Fees (All Departments) 243,660 240,682 319,123 300,000 264,068 270,000 (30,000) -10.00% 5310 Postage and Meter 1,071 862 918 1,000 952 1,000 - 0.00% 5320 Telephone - - - - - - - #DIV/0! 5330 Printing and Publishing 4,952 4,136 330 2,500 487 2,500 - 0.00% 5370 Repair and Maintenance - - - 500 - - (500) -100.00% 5410 Dues 15,241 14,923 17,322 19,000 14,252 19,000 - 0.00% 5420 Travel Expense - 383 6,050 4,000 3,846 5,000 1,000 25.00% 5430 Training 912 1,155 2,916 1,500 1,058 2,500 1,000 66.67% 5450 Publications - - - - - - - #DIV/0! 5510 Utilities - - 17 500 - 500 - 0.00% TOTAL CONTRACTUAL SERVICES 420,792 357,462 403,034 429,000 376,591 400,500 (28,500) -6.64% Supplies 6110 Materials and Supplies 33,821 27,599 55,824 30,000 25,396 30,000 - 0.00% 6210 Office Supplies 687 1,256 333 1,500 1,695 1,500 - 0.00% 6250 Gasoline and Oil - 828 - - - - - #DIV/0! 6270 Small Equipment - - - - - - - #DIV/0! TOTAL SUPPLIES 34,508 29,683 56,157 31,500 27,091 31,500 - 0.00% Variance ($) Variance (%) General Administration ‐ Fund Summary (Fund 100, Department 01) 23 185 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) General Administration ‐ Fund Summary (Fund 100, Department 01) 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 - #DIV/0! Other 6940 Administrative Expense 236,600 11,106 7,479 8,500 5,850 8,500 - 0.00% 9920 Purchase of Services - Risk Management 48,302 51,418 65,949 80,739 80,739 80,739 - 0.00% 9922 Purchase of Services - Information Tech 40,688 43,415 48,172 57,618 57,618 67,980 10,362 17.98% TOTAL OTHER 325,590 105,939 121,600 146,857 144,207 157,219 10,362 7.06% Capital Outlay 8100 Land - 533,969 809,618 40,000 45,052 - (40,000) -100.00% 8200 Buildings 389,843 99,266 303,590 - (2,181) - - #DIV/0! 8300 Equipment 100,276 68,878 172,024 - 7,064 - - #DIV/0! 8400 Vehicle 1,128,524 226,925 271,684 - - 100,000 100,000 #DIV/0! 8600 Streets 30,812 7,008 - 100,000 - 209,970 109,970 109.97% 8700 Furniture - - - - - - - #DIV/0! 8900 Public Improvements 44,925 269,748 549,359 2,420,900 2,028,112 460,000 (1,960,900) -81.00% TOTAL CAPITAL OUTLAY 1,694,380 1,205,794 2,106,275 2,560,900 2,078,047 769,970 (1,790,930) -69.93% TOTAL GENERAL ADMINISTRATION 2,907,426 2,151,520 3,172,926 3,974,946 3,230,527 2,103,316 (1,871,630) -47.09% 24 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries - - - - - - #DIV/0! 4210 Salaries - Elected Officials 53,135 52,675 53,700 53,300 53,850 53,300 - 0.00% 4410 FICA Medicare 4,065 4,030 4,109 4,077 4,106 4,077 - 0.00% 4420 IMRF Retirement - - - - - - - #DIV/0! TOTAL SALARIES/BENEFITS 57,200 56,705 57,809 57,377 57,956 57,377 - 0.00% Contractual Services 5310 Postage and Meter - - 5 - - - - #DIV/0! 5320 Telephone - - - - - - - #DIV/0! 5330 Printing and Publishing 46 - - - - - - #DIV/0! 5410 Dues - - - - - - - #DIV/0! 5420 Travel Expense - - - - - - - #DIV/0! 5430 Training - - - - - - - #DIV/0! 5450 Publications - - - - - - - #DIV/0! TOTAL CONTRACTUAL SERVICES 46 -5 - - - - #DIV/0! Supplies 6210 Office Supplies 70 - - - - - - #DIV/0! TOTAL SUPPLIES 70 - - - -- - #DIV/0! Other 6940 Administrative Expense 19,568 - - - - - - #DIV/0! 9922 Purchase of Services - Information Tech 8,025 8,606 5,933 7,173 7,173 8,534 1,361 18.97% TOTAL OTHER 27,593 8,606 5,933 7,173 7,173 8,534 1,361 18.97% TOTAL ELECTED OFFICIALS 84,909 65,311 63,747 64,550 65,129 65,911 1,361 2.11% Variance ($) Variance (%) Elected Officials ‐ Fund Summary (Fund 100, Department 02) 25 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 38 39 40 41 42 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 512,770 524,676 609,003 624,528 662,604 706,016 81,488 13.05% 4310 Health Insurance 117,869 131,874 149,860 178,815 165,871 200,972 22,157 12.39% 4320 Dental Insurance 4,270 5,211 6,220 7,695 7,354 7,775 80 1.04% 4330 Life Insurance 267 411 568 664 475 459 (205) -30.87% 4340 Vision Insurance 498 699 797 890 875 871 (19) -2.13% 4410 FICA Medicare 37,331 37,997 44,279 47,776 47,731 53,245 5,469 11.45% 4420 IMRF Retirement 128,386 61,366 62,735 61,079 62,156 66,748 5,669 9.28% 4510 Uniform Allowance 1,009 1,052 1,566 2,375 1,202 2,500 125 5.26% TOTAL SALARIES/BENEFITS 802,400 763,286 875,028 923,822 948,268 1,038,586 114,764 12.42% Contractual Services 5110 Contractual 23,746 21,035 205,355 316,100 313,197 325,000 8,900 2.82% 5120 Building Maintenance 36,360 27,875 39,336 82,600 80,956 72,000 (10,600) -12.83% 5310 Postage and Meter 569 357 724 1,000 1,024 2,000 1,000 100.00% 5330 Printing and Publishing 297 1,019 1,916 1,500 2,206 1,500 - 0.00% 5370 Repair and Maintenance 1,118 646 3,713 5,000 4,262 5,000 - 0.00% 5410 Dues 422 664 967 1,600 481 1,600 - 0.00% 5420 Travel Expense - - - - - - - #DIV/0! 5430 Training 1,090 1,399 1,919 3,000 2,394 6,000 3,000 100.00% 5450 Publications 3,899 46 174 1,000 245 5,000 4,000 400.00% TOTAL CONTRACTUAL SERVICES 67,501 53,041 254,104 411,800 404,765 418,100 6,300 1.53% Supplies 6110 Materials and Supplies 9,543 15,479 27,079 30,000 21,771 30,000 - 0.00% 6210 Office Supplies 982 953 1,614 2,500 2,866 2,500 - 0.00% 6250 Gasoline and Oil 3,732 8,492 12,842 12,000 12,005 12,000 - 0.00% 6270 Small Equipment 879 537 156 2,000 - 2,000 - 0.00% TOTAL SUPPLIES 15,136 25,461 41,691 46,500 36,642 46,500 - 0.00% Other 9920 Purchase of Services - Risk Management 23,540 23,540 30,127 36,884 36,884 36,884 - 0.00% 9922 Purchase of Services - Information Tech 50,592 54,128 61,684 74,221 74,221 87,972 13,751 18.53% TOTAL OTHER 74,132 77,668 91,811 111,105 111,105 124,856 13,751 12.38% TOTAL COMMUNITY DEVELOPMENT 959,169 919,456 1,262,634 1,493,227 1,500,780 1,628,042 134,815 9.03% Community Development ‐ Fund Summary (Fund 100, Department 03) Budget Variance ($) Budget Variance 26 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 328,222 364,298 390,182 410,421 371,277 361,648 (48,773) -11.88% 4310 Health Insurance 55,120 60,331 68,412 72,773 60,606 72,055 (718) -0.99% 4320 Dental Insurance 2,289 2,737 2,801 3,203 2,635 2,478 (725) -22.64% 4330 Life Insurance 192 286 363 415 218 204 (211) -50.84% 4340 Vision Insurance 388 493 498 530 419 305 (225) -42.45% 4410 FICA Medicare 23,882 26,530 28,515 31,397 26,947 27,666 (3,731) -11.88% 4420 IMRF Retirement 40,174 42,673 40,201 40,139 34,793 34,682 (5,457) -13.60% TOTAL SALARIES/BENEFITS 450,267 497,348 530,972 558,878 496,895 499,038 (59,840) -10.71% Contractual Services 5110 Contractual 15,379 31,137 36,607 24,000 27,749 27,000 3,000 12.50% 5310 Postage and Meter 27,400 28,326 31,793 34,000 35,602 35,000 1,000 2.94% 5320 Telephone - - - - - - - #DIV/0! 5330 Printing and Publishing 4,645 11,629 11,578 12,000 13,366 13,000 1,000 8.33% 5410 Dues 525 525 525 525 525 525 - 0.00% 5420 Travel Expense - - - - - - - #DIV/0! 5430 Training - - - 500 - 500 - 0.00% 5450 Publications - - - - - - - #DIV/0! TOTAL CONTRACTUAL SERVICES 47,949 71,617 80,503 71,025 77,242 76,025 5,000 7.04% Supplies 6110 Materials and Supplies 972 440 410 500 59 500 - 0.00% 6210 Office Supplies 4,933 4,528 4,304 4,000 1,705 4,000 - 0.00% TOTAL SUPPLIES 5,905 4,968 4,714 4,500 1,764 4,500 - 0.00% Variance ($) Variance (%) Finance ‐ Fund Summary (Fund 100, Department 04) 27 189 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Finance ‐ Fund Summary (Fund 100, Department 04) 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Other 6945 Development Expense 717,140 763,220 982,788 1,000,000 911,695 1,000,000 - 0.00% 7600 Loan Interest - 29,053 25,794 17,798 17,798 9,550 (8,248) -46.34% 7610 Loan Payment 244,568 251,957 233,555 263,213 263,213 271,460 8,247 3.13% 9904 Transfer to Debt Service 182,642 182,975 185,938 188,769 188,769 187,934 (835) -0.44% 9942 Transfer to Capital Improvement Fund - 696,503 - - - - - #DIV/0! 9944 Transfer to Band Fund 12,000 - 12,000 12,000 12,000 12,000 - 0.00% 9945 Transfer to Civil Defense Fund 6,000 6,000 4,000 4,000 4,000 6,000 2,000 50.00% 9947 Transfer Other Funds 22,500 (84,555) - - - - - #DIV/0! 9920 Purchase of Service - Risk Management 16,226 16,226 20,758 25,414 25,414 25,414 - 0.00% 9922 Purchase of Service - IT 90,331 96,269 116,664 138,494 138,494 162,440 23,946 17.29% 9923 Purchase of Service - Audit - 2,000 14,000 7,000 7,000 11,000 4,000 57.14% TOTAL OTHER 1,291,407 1,959,648 1,595,497 1,656,688 1,568,383 1,685,798 29,110 1.76% TOTAL FINANCE 1,795,528 2,533,581 2,211,686 2,291,091 2,144,284 2,265,361 (25,730) -1.12% 28 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 159,539 171,924 196,355 217,664 220,992 229,385 11,721 5.38% 4310 Health Insurance 18,367 19,117 20,392 21,682 20,564 32,758 11,076 51.08% 4320 Dental Insurance 850 887 895 998 1,146 1,209 211 21.14% 4330 Life Insurance 81 114 145 166 101 102 (64) -38.55% 4340 Vision Insurance 154 169 168 176 171 195 19 10.80% 4410 FICA Medicare 11,674 12,580 14,441 16,651 16,323 17,548 897 5.39% 4420 IMRF Retirement 19,528 20,098 20,235 21,287 20,769 21,998 711 3.34% TOTAL SALARIES/BENEFITS 210,193 224,889 252,631 278,624 280,066 303,195 24,571 8.82% Contractual Services 5110 Contractual 21,930 35,624 22,013 51,500 43,589 35,000 (16,500) -32.04% 5410 Dues 219 449 1,017 1,310 794 1,310 - 0.00% 5420 Travel Expense - 297 - 2,500 - 2,500 - 0.00% 5430 Training 2,583 995 229 7,000 - 7,000 - 0.00% TOTAL CONTRACTUAL SERVICES 24,732 37,365 23,259 62,310 44,383 45,810 (16,500) -26.48% Supplies 6210 Office Supplies 52 695 343 250 245 250 - 0.00% TOTAL SUPPLIES 52 695 343 250 245 250 - 0.00% Other - #DIV/0! 9922 Purchase of Services - Information Tech 10,150 10,884 18,111 21,898 21,898 26,052 4,154 18.97% TOTAL OTHER 10,150 10,884 18,111 21,898 21,898 26,052 4,154 18.97% TOTAL HUMAN RESOURCES 245,127 273,833 294,344 363,082 346,592 375,307 12,225 3.37% Human Resources ‐ Fund Summary (Fund 100, Department 05) Variance ($) Variance (%) 29 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 178,709 184,779 201,788 211,901 213,434 219,317 7,416 3.50% 4310 Health Insurance 36,151 37,776 40,528 43,245 35,903 42,693 (552) -1.28% 4320 Dental Insurance 1,445 1,541 1,580 1,815 1,904 1,664 (151) -8.32% 4330 Life Insurance 81 114 145 166 101 102 (64) -38.55% 4340 Vision Insurance 151 193 191 204 185 195 (9) -4.41% 4410 FICA Medicare 12,663 13,079 14,473 16,211 15,528 16,778 567 3.50% 4420 IMRF Retirement 21,833 21,619 20,800 20,724 19,995 21,033 309 1.49% TOTAL SALARIES/BENEFITS 251,033 259,101 279,505 294,266 287,050 301,782 7,516 2.55% Contractual Services 5110 Contractual 15,419 46,143 74,689 190,000 173,184 195,000 5,000 2.63% 5310 Postage & Meter - - - 25 - 25 - 0.00% 5330 Printing and Publishing 672 150 160 250 122 500 250 100.00% 5410 Dues 2,384 2,509 2,617 2,700 1,890 2,700 - 0.00% 5420 Travel Expense - 1,101 1,409 3,500 1,602 3,800 300 8.57% 5430 Training 239 1,132 2,882 2,500 2,623 3,000 500 20.00% 5450 Publications - - - - - - - #DIV/0! TOTAL CONTRACTUAL SERVICES 18,714 51,035 81,757 198,975 179,421 205,025 6,050 3.04% Supplies 6110 Materials and Supplies 63 74 146 100 - 100 - 0.00% 6210 Office Supplies 281 174 46 150 76 300 150 100.00% TOTAL SUPPLIES 344 248 192 250 76 400 150 60.00% Other 9922 Purchase of Services - Information Tech 17,231 18,478 8,743 10,571 10,571 12,577 2,006 18.98% TOTAL OTHER 17,231 18,478 8,743 10,571 10,571 12,577 2,006 18.98% TOTAL ECONOMIC DEVELOPMENT 287,322 328,862 370,197 504,062 477,118 519,784 15,722 3.12% Economic Development ‐ Fund Summary (Fund 100, Department 06) Budget Variance ($) Budget Variance (%) 30 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4220 Salaries 2,475 1,350 1,350 1,350 1,350 1,350 - 0.00% 4410 Social Security - Medicare 189 103 103 103 103 103 - 0.00% TOTAL SALARIES/BENEFITS 2,664 1,453 1,453 1,453 1,453 1,453 - 0.00% Contractual Services 5110 Contractual 3,191 5,335 3,111 6,000 6,286 6,000 - 0.00% 5330 Printing and Publishing - - - - - - - #DIV/0! 5410 Dues - - - 375 - 375 - 0.00% 5420 Travel Expense - - - - - - - #DIV/0! 5430 Training - - - 500 - 500 - 0.00% 5450 Publications - - - - - - - #DIV/0! TOTAL CONTRACTUAL SERVICES 3,191 5,335 3,111 6,875 6,286 6,875 - 0.00% Supplies 6110 Materials and Supplies - - 20 - - - #DIV/0! TOTAL SUPPLIES - - 20 - - - - #DIV/0! TOTAL POLICE COMMISSION 5,855 6,788 4,584 8,328 7,739 8,328 Variance ($) Variance (%) Police Commission ‐ Fund Summary (Fund 100, Department 21) 31 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 383,114 394,570 451,844 424,455 451,413 443,198 18,743 4.42% 4020 Sworn Salaries 4,903,477 5,002,324 5,261,441 5,684,302 5,665,965 5,816,698 132,396 2.33% 4030 Salaries - Part Time 16,119 16,681 15,935 25,920 5,587 47,840 21,920 84.57% 4050 Overtime 169 203 - 5,000 - 5,000 - 0.00% 4055 Sworn Overtime 184,320 289,240 239,816 244,500 256,617 250,000 5,500 2.25% 4080 Career Ladder 23,673 23,098 21,043 24,000 21,274 24,000 - 0.00% 4310 Health Insurance 1,005,590 996,674 1,063,642 1,223,772 954,169 1,149,413 (74,359) -6.08% 4320 Dental Insurance 37,338 39,730 40,270 47,107 43,837 48,378 1,271 2.70% 4330 Life Insurance 2,107 3,004 3,905 4,731 2,885 2,907 (1,824) -38.55% 4340 Vision Insurance 3,554 4,793 4,860 5,652 4,986 5,053 (599) -10.60% 4410 FICA Medicare 390,083 410,608 430,791 490,226 466,699 503,885 13,659 2.79% 4420 IMRF Retirement 45,319 44,240 44,997 42,659 40,734 43,570 911 2.14% 4430 Contribution - Police Pension 26,150,315 655,318 621,970 671,455 669,181 710,366 38,911 5.80% 4510 Uniform Allowance 31,616 34,808 38,665 48,600 41,127 54,600 6,000 12.35% TOTAL SALARIES/BENEFITS 33,176,794 7,915,291 8,239,179 8,942,379 8,624,474 9,104,908 162,529 1.82% Contractual Services 5110 Contractual 173,621 135,330 218,628 133,200 181,406 363,468 230,268 172.87% 5310 Postage and Meter 1,696 2,595 1,391 2,000 2,800 2,000 - 0.00% 5320 Telephone 29,674 12,171 12,459 33,000 35,492 40,500 7,500 22.73% 5370 Repair and Maintenance 86,644 40,998 57,987 61,500 46,723 61,500 - 0.00% 5410 Dues 1,513 1,509 3,071 2,500 2,654 2,500 - 0.00% 5420 Travel Expense 3,852 9,622 11,296 29,200 17,731 31,200 2,000 6.85% 5430 Training 27,120 42,629 44,736 92,830 76,706 105,080 12,250 13.20% 5440 Tuition Reimbursements 11,250 13,090 18,791 15,000 7,853 15,000 - 0.00% 5450 Publications 166 - 166 200 166 200 - 0.00% TOTAL CONTRACTUAL SERVICES 335,536 257,944 368,525 369,430 371,531 621,448 252,018 68.22% Variance ($) Variance (%) Police Department ‐ Fund Summary (Fund 100, Department 22) 32 194 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Police Department ‐ Fund Summary (Fund 100, Department 22) 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Supplies 6110 Materials and Supplies 21,037 21,641 19,318 25,500 25,845 26,000 500 1.96% 6210 Office Supplies 12,953 17,102 20,537 21,500 18,128 20,000 (1,500) -6.98% 6250 Gasoline and Oil 84,806 116,652 150,765 168,000 145,606 150,000 (18,000) -10.71% 6270 Small Equipment 24,568 12,947 23,185 19,700 21,690 21,750 2,050 10.41% 6310 K-9 Unit 3,198 4,527 14,164 11,150 12,605 11,150 - 0.00% 6340 Forfeiture Expenses - - - - - - - #DIV/0! TOTAL SUPPLIES 146,562 172,869 227,969 245,850 223,874 228,900 (16,950) -6.89% Other 7400 Bond Issuance Costs 335,432 - - - - - #DIV/0! 9904 Transfer - Debt Service - 1,667,297 1,664,827 1,665,073 1,665,073 1,663,589 (1,484) -0.09% 9920 Purchase of Services - Risk Management 229,083 229,083 303,597 378,487 378,487 378,487 - 0.00% 9922 Purchase of Services - Information Tech 355,398 382,585 506,380 621,095 621,095 748,504 127,409 20.51% TOTAL OTHER 919,913 2,278,965 2,474,804 2,664,655 2,664,655 2,790,580 125,925 4.73% Capital Outlay 8300 Capital - Equipment 9,167 39,330 243,617 27,500 3,504 82,100 54,600 198.55% 8400 Capital - Vehicles - - - - - - - #DIV/0! TOTAL CAPITAL OUTLAY 9,167 39,330 243,617 27,500 3,504 82,100 54,600 198.55% TOTAL POLICE DEPARTMENT 34,587,972 10,664,399 11,554,094 12,249,814 11,888,038 12,827,936 578,122 4.72% 33 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 1,630,007 1,580,982 1,498,966 1,872,576 1,727,351 1,950,559 77,983 4.16% 4030 Salaries - Part Time 13,220 10,520 7,750 30,000 - 30,000 - 0.00% 4050 Overtime 119,484 153,627 222,346 125,000 184,641 125,000 - 0.00% 4310 Health Insurance 347,313 364,402 395,932 539,040 348,589 472,727 (66,313) -12.30% 4320 Dental Insurance 13,254 13,746 14,836 21,679 16,297 19,233 (2,446) -11.28% 4330 Life Insurance 897 1,255 1,484 2,075 1,094 1,275 (800) -38.55% 4340 Vision Insurance 1,350 1,795 1,814 2,448 1,350 2,278 (170) -6.94% 4410 FICA Medicare 133,643 125,841 124,722 155,110 139,895 161,075 5,965 3.85% 4420 IMRF Retirement 212,400 203,409 177,747 223,729 182,973 199,046 (24,683) -11.03% 4510 Uniform Allowance 6,247 6,274 8,056 10,000 6,759 10,000 - 0.00% TOTAL SALARIES/BENEFITS 2,477,815 2,461,851 2,453,653 2,981,657 2,608,949 2,971,193 (10,464) -0.35% Contractual Services 5110 Contractual 10,034 11,146 23,007 10,900 17,459 14,900 4,000 36.70% 5310 Postage and Meter -52 -50 33 50 - 0.00% 5320 Telephone ------- #DIV/0! 5420 Travel Expense (24) 1,451 4,306 6,850 1,690 6,850 - 0.00% 5430 Training 10,216 8,249 7,333 14,990 10,805 17,990 3,000 20.01% 5440 Tuition Reimbursements 1,750 1,750 - 2,500 - 2,500 - 0.00% 5510 Utilities --- 500 - 500 - 0.00% TOTAL CONTRACTUAL SERVICES 21,976 22,648 34,646 35,790 29,987 42,790 7,000 19.56% Supplies 6110 Materials and Supplies 4,295 5,340 3,082 5,620 5,953 7,120 1,500 26.69% 6210 Office Supplies 472 707 802 1,000 260 2,500 1,500 150.00% 6270 Small Equipment --- -- -- #DIV/0! TOTAL SUPPLIES 4,767 6,047 3,884 6,620 6,213 9,620 3,000 45.32% Other 9920 Purchase of Service - Risk Management 51,132 51,132 54,711 60,182 60,182 64,997 4,815 8.00% 9922 Purchase of Service - IT 37,462 38,399 67,935 72,690 72,690 76,325 3,635 5.00% TOTAL OTHER 88,594 89,531 122,646 132,872 132,872 141,322 8,450 6.36% TOTAL DISPATCH CENTER 2,593,152 2,580,077 2,614,829 3,156,939 2,778,021 3,164,925 7,986 0.25% Variance ($) Variance (%) Dispatch Center ‐ Fund Summary (Fund 100, Department 23) 34 196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 285,990 295,606 340,257 367,180 330,059 343,439 (23,741) -6.47% 4050 Overtime - - - - - - - #DIV/0! 4110 Salaries - PT Seasonal 389 5,704 13,173 15,000 - 10,000 (5,000) -33.33% 4310 Health Insurance 24,188 22,943 21,655 22,913 20,958 31,983 9,070 39.58% 4320 Dental Insurance 1,020 1,097 1,417 2,552 2,119 2,396 (156) -6.11% 4330 Life Insurance 131 171 211 249 143 153 (96) -38.55% 4340 Vision Insurance 151 193 191 206 168 195 (11) -5.34% 4410 FICA Medicare 21,727 22,862 25,919 29,237 24,940 27,038 (2,199) -7.52% 4420 IMRF Retirement 35,079 34,605 35,104 35,910 31,087 32,936 (2,974) -8.28% 4510 Uniform Allowance 82 - - 500 - 500 - 0.00% TOTAL SALARIES/BENEFITS 368,757 383,181 437,927 473,747 409,474 448,640 (25,107) -5.30% Contractual Services 5110 Contractual 2,428 12,170 28 - 28 - - #DIV/0! 5310 Postage and Meter 183 568 66 200 227 200 - 0.00% 5320 Telephone - - - - - - - #DIV/0! 5410 Dues 1,060 866 823 1,000 823 500 (500) -50.00% 5420 Travel Expense - - - 500 - 1,700 1,200 240.00% 5430 Training - - 125 500 2,100 1,500 1,000 200.00% 5440 Tuition Reimbursement - 1,564 3,000 3,000 - - (3,000) -100.00% TOTAL CONTRACTUAL SERVICES 3,671 15,168 4,042 5,200 3,178 3,900 (1,300) -25.00% Supplies 6210 Office Supplies 600 750 508 500 518 500 - 0.00% 6270 Small Equipment 147 - - 500 - - (500) -100.00% 6950 Forestry 9,000 8 34 - - - - #DIV/0! TOTAL SUPPLIES 9,747 758 542 1,000 518 500 (500) -50.00% Other 9920 Purchase of Service - Risk Management 13,384 13,384 17,084 20,916 20,916 20,916 - 0.00% 9922 Purchase of Service - IT 27,330 29,271 31,309 37,751 37,751 44,818 7,067 18.72% TOTAL OTHER 40,714 42,655 48,393 58,667 58,667 65,734 7,067 12.05% TOTAL PUBLIC WORKS - ADMINISTRATION 422,889 441,762 490,904 538,614 471,837 518,774 (19,840) -3.68% Variance ($) Variance (%) Public Works Administration ‐ Fund Summary (Fund 100, Department 30) 35 197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 1,144,738 998,542 1,006,215 1,041,589 1,036,213 1,096,833 55,244 5.30% 4050 Overtime 13,070 14,825 15,542 17,500 13,203 17,500 - 0.00% 4060 Overtime - Snow Removal 96,713 45,106 54,869 72,500 45,789 72,500 - 0.00% 4110 Salaries - PT Seasonal 185 8,184 13,862 15,000 18,533 15,000 - 0.00% 4310 Health Insurance 312,104 307,395 335,649 331,913 346,839 360,825 28,912 8.71% 4320 Dental Insurance 1,536 1,320 1,409 1,624 1,585 1,941 317 19.52% 4330 Life Insurance 615 746 919 1,079 651 663 (416) -38.55% 4340 Vision Insurance 134 187 216 228 210 220 (8) -3.51% 4410 FICA Medicare 86,782 78,694 79,683 87,714 80,732 91,940 4,226 4.82% 4420 IMRF Retirement 229,929 120,770 108,632 110,669 99,075 113,817 3,148 2.84% 4510 Uniform Allowance 9,824 9,323 10,707 8,125 9,226 8,125 - 0.00% TOTAL SALARIES/BENEFITS 1,895,630 1,585,092 1,627,703 1,687,941 1,652,056 1,779,364 91,423 5.42% Contractual Services 5110 Contractual 207,555 173,671 156,332 245,000 182,898 319,200 74,200 30.29% 5300 Contractual Street Resurfacing - - 543,322 705,000 349,045 699,770 (5,230) -0.74% 5301 Contractual Street Resuracing Township - - 300,000 300,000 300,000 300,000 - 0.00% 5320 Telephone 43 - - - - - - #DIV/0! 5370 Repair & Maintenance 155,904 149,638 152,333 170,000 159,361 170,000 - 0.00% 5430 Training Reimbursement 1,004 820 968 1,500 606 1,500 - 0.00% 5440 Tuition Reimbursement 844 3,000 3,000 3,000 3,000 3,000 - 0.00% 5510 Utilities - - - - - - - #DIV/0! 5520 Street Lighting 320,227 264,809 283,633 290,000 290,789 290,000 - 0.00% TOTAL CONTRACTUAL SERVICES 685,577 591,938 1,439,588 1,714,500 1,285,699 1,783,470 68,970 4.02% Supplies 6110 Materials & Supplies 174,534 273,606 282,201 330,000 272,682 305,000 (25,000) -7.58% 6210 Office Supplies 481 495 853 500 422 500 - 0.00% 6250 Gasoline & Oil 56,949 74,562 66,923 70,000 68,301 70,000 - 0.00% 6270 Small Equipment 2,126 1,270 2,352 2,000 973 2,000 - 0.00% 6290 Safety Equipment 636 51 1,811 1,000 750 1,000 - 0.00% 6950 Forestry 8,533 146,750 143,483 170,000 142,097 155,000 (15,000) -8.82% TOTAL SUPPLIES 243,259 496,734 497,623 573,500 485,225 533,500 (40,000) -6.97% Variance ($) Variance (%) Public Works Streets ‐ Fund Summary (Fund 100, Department 33) 36 198 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Public Works Streets ‐ Fund Summary (Fund 100, Department 33) 40 41 42 43 44 45 46 47 48 49 50 51 52 Other 9920 Purchase of Service - Risk Management 88,088 88,088 112,608 137,864 137,864 137,864 - 0.00% 9922 Purchase of Service - IT 19,934 21,340 21,525 25,921 25,921 30,744 4,823 18.61% TOTAL OTHER 108,022 109,428 134,133 163,785 163,785 168,608 4,823 2.94% Capital Outlay 8300 Capital - Equipment 19,108 - - - - - - #DIV/0! 8400 Capital - Vehicle 18,000 - - - - - - #DIV/0! 8600 Capital - Streets - 476,687 12,876 - - - - #DIV/0! TOTAL CAPITAL OUTLAY 37,108 476,687 12,876 - - - - #DIV/0! TOTAL PUBLIC WORKS - STREETS 2,969,596 3,259,879 3,711,923 4,139,726 3,586,765 4,264,942 125,216 3.02% 37 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AB MOQSTUVWX Account Account FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 298,127 332,441 348,005 397,350 289,507 293,265 299,575 10,068 3.48% 4030 Salaries - Part Time - - - - 4,080 - 4,080 - 0.00% 4050 Overtime - - - - - - - - #DIV/0! 4110 Salaries - Seasonal 218,220 136,723 269,981 288,241 301,000 331,044 338,000 37,000 12.29% 4150 Overtime - Seasonal - - 77 - - 171 - - #DIV/0! 4310 Health Insurance 53,795 55,246 57,471 63,687 32,957 31,971 32,907 (50) -0.15% 4320 Dental Insurance 2,191 2,089 2,226 2,545 1,607 1,788 1,489 (118) -7.34% 4330 Life Insurance 531 528 721 922 291 197 179 (112) -38.49% 4340 Vision Insurance 196 234 310 362 262 248 253 (9) -3.44% 4410 FICA Medicare 38,332 34,602 45,992 51,199 45,486 46,911 49,087 3,601 7.92% 4420 IMRF Retirement 33,756 40,580 40,708 40,930 28,314 27,532 28,729 415 1.47% 4510 Uniforms - 1,037 1,586 2,511 2,000 1,152 2,000 - 0.00% TOTAL SALARIES/BENEFITS 645,148 603,480 767,077 847,747 705,504 734,279 756,299 50,795 7.20% Contractual Services 5110 Contractual 127,823 40,528 128,083 157,417 106,900 147,533 151,400 44,500 41.63% 5310 Postage and Meter 3,846 3,051 6,634 4,960 6,000 4,758 6,500 500 8.33% 5320 Telephone - - - - - - - - #DIV/0! 5330 Printing and Publishing 19,826 8,182 14,121 22,254 22,875 19,809 23,025 150 0.66% 5370 Repair and Maintenance - - - - - - - - #DIV/0! 5410 Dues 135,053 136,569 136,853 134,028 131,418 129,033 164,682 33,264 25.31% 5420 Travel Expense 61 - 482 623 1,600 500 1,600 - 0.00% 5430 Training 3,969 3,359 4,069 6,625 7,220 6,858 7,220 - 0.00% 5440 Tuition Reimbursements - - - - - - - - #DIV/0! 5450 Publications 547 373 386 437 - - - - #DIV/0! 5510 Utilities 14,744 11,479 11,924 14,189 13,500 16,289 17,000 3,500 25.93% TOTAL CONTRACTUAL SERVICES 305,869 203,541 302,552 340,533 289,513 324,780 371,427 81,914 28.29% Variance ($) Variance (%) Parks and Recreation ‐ Fund Summary (Fund 100, Department 41‐44,46,47) 38 200 1 2 3 4 AB MOQSTUVWX Account Account FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Parks and Recreation ‐ Fund Summary (Fund 100, Department 41‐44,46,47) 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Supplies 6110 Materials and Supplies 108,488 60,149 110,045 109,573 102,100 94,671 127,500 25,400 24.88% 6210 Office Supplies 946 528 1,633 1,732 2,000 1,283 2,000 - 0.00% 6250 Gasoline and Oil - - - - - - - - #DIV/0! 6270 Small Equipment - 1,574 - 1,755 2,000 1,889 2,000 - 0.00% TOTAL SUPPLIES 109,434 62,251 111,678 113,060 106,100 97,843 131,500 25,400 23.94% Other 6920 Special Events 51,526 27,151 37,516 39,437 27,000 43,983 42,500 15,500 57.41% 9902 Transfer - Recreation Center 81,954 111,985 111,985 211,985 250,356 250,356 270,000 19,644 7.85% 9920 Purchase of Services - Risk Management 66,973 66,973 66,973 85,604 104,804 104,804 104,804 - 0.00% 9922 Purchase of Services - Information Tech 63,068 75,589 80,986 94,988 114,642 114,642 136,200 21,558 18.80% TOTAL OTHER 263,521 281,698 297,460 432,014 496,802 513,785 553,504 56,702 11.41% Capital Outlay 8300 Capital Expense - Equipment 17,270 - 5,517 20,818 - 11,534 - - #DIV/0! 8400 Capital Expense - Vehicles - - - - - - - - #DIV/0! 8700 Capital Expense - Park Improvements - - - - - - - - #DIV/0! 8800 Public Improvements 19,829 3,495 - - - - 40,000 40,000 #DIV/0! TOTAL CAPITAL OUTLAY 37,099 3,495 5,517 20,818 - 11,534 40,000 40,000 #DIV/0! TOTAL PARKS & RECREATION 1,361,071 1,154,465 1,484,284 1,754,172 1,597,919 1,682,221 1,852,730 254,811 15.95% 39 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AB DEFHIJKLM Account Account FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Actual Budget Estimated Proposed Salaries/Benefits 4010 Salaries 489,353 522,519 544,611 569,728 708,769 707,597 728,706 19,937 2.81% 4050 Overtime 17,196 17,140 38,159 38,087 30,000 32,391 30,000 - 0.00% 4110 Salaries - Seasonal 51,963 14,765 37,665 37,000 42,640 42,928 43,800 1,160 2.72% 4150 Overtime - Seasonal 6,028 721 1,536 1,588 - 3,288 4,000 4,000 #DIV/0! 4310 Health Insurance 153,718 166,418 173,978 183,340 226,568 221,251 230,348 3,780 1.67% 4320 Dental Insurance 1,077 1,022 1,101 1,134 2,632 2,262 2,396 (236) -8.97% 4330 Life Insurance - - - - 664 403 408 (256) -38.55% 4340 Vision Insurance 59 74 109 107 238 202 110 (128) -53.78% 4410 FICA Medicare 43,224 43,527 47,808 49,682 59,778 59,200 61,698 1,920 3.21% 4420 IMRF Retirement 56,738 68,656 69,569 63,764 72,252 70,294 72,760 508 0.70% 4510 Uniforms 3,751 3,205 2,992 3,648 4,000 1,657 4,000 - 0.00% TOTAL SALARIES/BENEFITS 823,107 838,047 917,528 948,078 1,147,541 1,141,473 1,178,226 30,685 2.67% Contractual Services 5110 Contractual 144,299 144,131 158,224 190,894 180,500 193,835 202,500 22,000 12.19% 5310 Postage and Meter 18 18 - 15 - - - - #DIV/0! 5320 Telephone - - - - - - - - #DIV/0! 5370 Repair and Maintenance 29,128 16,227 29,807 15,078 15,000 9,119 13,000 (2,000) -13.33% 5430 Training 1,347 495 1,610 - - - - - #DIV/0! 5510 Utilities 9,259 12,968 11,973 12,246 12,000 10,037 12,000 - 0.00% TOTAL CONTRACTUAL SERVICES 184,051 173,839 201,614 218,233 207,500 212,991 227,500 20,000 9.64% Supplies 6110 Materials and Supplies 103,827 98,068 98,646 116,491 107,000 112,623 143,000 36,000 33.64% 6210 Office Supplies 150 152 59 10 - 207 - - #DIV/0! 6250 Gasoline and Oil 16,247 13,874 18,043 28,830 25,000 24,608 25,000 - 0.00% 6270 Small Equipment 544 11,252 12,075 426 12,000 17,169 12,000 - 0.00% TOTAL SUPPLIES 120,768 123,346 128,823 145,757 144,000 154,607 180,000 36,000 25.00% TOTAL PARKS & RECREATION 1,127,926 1,135,232 1,247,965 1,312,068 1,499,041 1,509,071 1,585,726 86,685 5.78% Parks and Recreation ‐ Fund Summary (Fund 100, Department 45) Variance ($) Variance (%) 40 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed 420,052 236,869 99,076 112,125 112,125 100,878 3210 Interest Income 61 - - - - - - #DIV/0! 3220 CD Interest 1,137 678 6,411 700 5,000 3,000 2,300 328.57% 3240 IL Fund Interest 108 80 2,910 5,000 3,000 3,000 (2,000) -40.00% 3632 Concessions - 568 2,996 3,000 3,409 3,500 500 16.67% 3641 Babysitting 6,086 12,748 10,505 10,000 13,175 13,000 3,000 30.00% 3642 Recreation Center Room Rentals 4,298 13,413 22,800 18,000 12,172 12,000 (6,000) -33.33% 3643 Birthday Parties - - - - - - - #DIV/0! 3644 Sponsorship/Advertisement 100 100 - 100 - - (100) -100.00% 3645 Annual Memberships 287,751 352,774 412,859 420,000 447,116 460,000 40,000 9.52% 3646 Short-Term Memberships 4,252 8,469 8,646 10,000 11,625 11,000 1,000 10.00% 3647 Daily Admissions 768 1,842 4,318 3,000 2,480 3,000 - 0.00% 3648 Punch Passes 5,391 10,626 11,166 10,000 12,412 12,000 2,000 20.00% 3649 Recreation Center Misc. Fees 2,345 1,959 1,459 2,000 1,755 2,000 - 0.00% 3650 Fitness Classes 2,290 1,581 565 1,000 7,237 7,000 6,000 600.00% 3651 Small Group Personal Training 15 - - - - - - #DIV/0! 3652 Personal Training 28,823 34,240 55,497 50,000 55,777 55,000 5,000 10.00% 3780 Transfer from Developer Donation Fund - - - - - - - #DIV/0! 3882 Miscellaneous Reimbursement - - - - - - - #DIV/0! 3910 Bond Proceeds - - - - - - - #DIV/0! 3965 Premium on Bonds Payable - - - - - - - #DIV/0! 3975 Transfer - General Fund 111,985 111,985 211,985 250,356 250,356 270,000 19,644 7.85% TOTAL REVENUES 455,410 551,063 752,117 783,156 825,514 854,500 71,344 9.11% Variance ($) Variance (%) Recreation Center ‐ Fund Summary (Fund 400, Departments 00 & 40 Combined) Beginning Fund Balance REVENUES 41 203 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Recreation Center ‐ Fund Summary (Fund 400, Departments 00 & 40 Combined) 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Salaries/Benefits 4010 Salaries 28,996 30,276 52,353 60,678 57,891 59,882 (796) -1.31% 4050 Overtime - - - - - - - #DIV/0! 4110 Salaries - Part- Time - - - - - - - #DIV/0! 4130 Salaries - Front Desk Attendants 91,816 110,092 122,222 140,000 127,891 148,640 8,640 6.17% 4135 Salaries - Fitness Coordinator 72,640 63,154 46,459 50,820 49,188 52,345 1,525 3.00% 4140 Salaries - Childcare Attendants 16,606 19,917 24,711 21,500 27,456 30,000 8,500 39.53% 4145 Salaries - Rental Attendants - 45 368 250 145 - (250) -100.00% 4160 Salaries - Personal Trainers 17,502 23,555 37,587 38,000 36,685 30,000 (8,000) -21.05% 4165 Salaries - Orientation/Consultants 468 660 876 1,000 759 800 (200) -20.00% 4170 Salaries - Group Exercise Instructors 56,215 58,294 58,606 66,360 61,061 61,000 (5,360) -8.08% 4175 Salaries - Fitness Program Instructors 21 601 263 700 854 500 (200) -28.57% 4180 Salaries - Facility Attendants 29,550 38,546 39,920 41,000 44,442 49,500 8,500 20.73% 4310 Health/Vision 28,018 23,515 12,753 5,583 36,514 39,879 34,296 614.29% 4320 Dental Insurance 1,020 867 435 203 1,334 1,384 1,181 581.77% 4330 Life Insurance - - - 125 55 77 (48) -38.40% 4340 Insurance Premiums Vision 74 86 49 29 130 138 109 375.86% 4410 FICA Medicare 23,294 26,079 29,123 32,154 30,628 33,099 945 2.94% 4420 IMRF Retirement 12,413 11,518 10,654 10,904 11,756 14,119 3,215 29.48% 4510 Uniform Allowance - - 1,578 1,000 810 1,000 - 0.00% TOTAL SALARIES/BENEFITS 378,633 407,205 437,957 470,306 487,599 522,363 52,057 11.07% Contractual Services 5110 Contractual 9,769 11,180 16,854 16,700 17,200 17,000 300 1.80% 5200 Contract Custodial - - - - - - - #DIV/0! 5210 Marketing & Advertising 161 411 3,111 4,500 3,825 4,500 - 0.00% 5215 Retention/Promotion - - 741 1,000 - 1,000 - 0.00% 5225 Room Contractor - 960 1,455 - 1,050 - - #DIV/0! 5320 Telephone - - - - - - - #DIV/0! 5321 Cable/TV 3,446 4,102 3,958 3,800 4,109 4,200 400 10.53% 5375 Repair & Maintenance - Equipment 10,639 12,109 16,291 11,500 9,548 9,000 (2,500) -21.74% 5430 Training 574 757 704 500 717 500 - 0.00% 5510 Utilities 24,333 31,735 19,348 28,000 32,217 32,000 4,000 14.29% 5600 Credit Card/Bank Fees 6,957 9,947 16,256 15,000 12,556 11,000 (4,000) -26.67% TOTAL CONTRACTUAL SERVICES 55,879 71,201 78,718 81,000 81,222 79,200 (1,800) -2.22% EXPENDITURES 42 204 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Recreation Center ‐ Fund Summary (Fund 400, Departments 00 & 40 Combined) 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Supplies 6110 Materials and Supplies 6,068 3,021 14,527 6,000 15,600 15,000 9,000 150.00% 6111 Custodial Supplies 10,585 11,958 7,345 9,000 6,640 8,000 (1,000) -11.11% 6120 Supplies - Childcare 30 23 - 300 - 300 - 0.00% 6130 Supplies - Safety 1,390 1,370 1,339 1,200 1,180 1,000 (200) -16.67% 6141 Office Furniture/Equipment - 132 - - - - - #DIV/0! 6142 Fitness Equipment 969 3,097 147 - 1,087 - - #DIV/0! 6210 Office & Technology Supplies - 22 544 500 870 500 - 0.00% TOTAL SUPPLIES 19,042 19,623 23,902 17,000 25,377 24,800 7,800 45.88% Other 7400 Bond Issuance Costs - - - - - - - #DIV/0! 8200 Buildings - - - - 21,740 - - #DIV/0! 8300 Equipment - - - 10,000 9,873 - (10,000) -100.00% 9901 General Fund Transfer - - - - - - - #DIV/0! 9904 Transfer to Debt Service Fund 130,656 133,956 132,156 130,356 130,356 133,511 3,155 2.42% 9920 Purchase of Services - Risk Management 20,000 20,000 25,534 31,261 31,261 31,261 - 0.00% 9922 Purchase of Service - IT 34,383 36,871 40,801 49,333 49,333 58,691 9,358 18.97% TOTAL OTHER 185,039 190,827 198,491 220,950 242,563 223,463 2,513 1.14% TOTAL EXPENDITURES 638,593 688,856 739,068 789,256 836,761 849,826 60,570 7.67% NET INCREASE/(DECREASE)(183,183) (137,793) 13,049 (6,100) (11,247) 4,674 236,869 99,076 112,125 106,025 100,878 105,552 Ending Fund Balance 43 205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed 3180 Grants 95,556 - - - - - - #DIV/0! 3200 Interest Income - - - 100,000 - 50,000 (50,000) -50.00% 3220 CD Interest 1,043 496 1,440 - 2,500 - - #DIV/0! 3240 IL Fund Interest 2,728 1,524 50,706 - 72,250 - - #DIV/0! 3610 Sales 2,211,341 2,481,440 2,442,323 2,437,500 2,360,920 2,477,597 40,097 1.65% 3615 Base Charge - Capital 127,408 330,058 544,754 520,000 561,109 550,000 30,000 5.77% 3620 Penalties 53,013 100,772 75,360 85,000 40,125 85,000 - 0.00% 3630 Hookup/Connection Fees 34,250 23,250 8,250 10,000 7,500 10,000 - 0.00% 3640 Water Meter Sales 37,025 52,107 20,650 10,000 15,750 10,000 - 0.00% 3821 Donated Public Improvements 2,334,210 1,096,340 - - - - - #DIV/0! 3836 Gain/Loss on Sale 3,500 - 6,000 - - - - #DIV/0! 3845 Rental Income 30,000 30,000 25,697 30,000 26,000 30,000 - 0.00% 3882 Miscellaneous Reimbursement - - 632 - 8,572 - - #DIV/0! 3890 Miscellaneous Income 2,230 4,504 27,694 5,000 3,107 5,000 - 0.00% 3920 Proceeds from Fixed Asset Sale - - - - - - - #DIV/0! 3991 Transfer from Marina Fund - - - - - - - #DIV/0! TOTAL REVENUES 4,932,304 4,120,491 3,203,506 3,197,500 3,097,833 3,217,597 20,097 0.63% TOTAL OPERATING REVENUES 2,270,355 2,588,736 2,597,523 2,627,500 2,478,902 2,617,597 REVENUES Variance ($) Variance (%) Water and Sewer Fund Summary (Fund 510, Department 31 Water) 44 206 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Water and Sewer Fund Summary (Fund 510, Department 31 Water) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Salaries/Benefits 4010 Salaries - Regular 480,830 406,260 404,638 417,023 406,977 445,796 28,773 6.90% 4050 Overtime - Regular 28,196 24,486 26,736 34,000 29,283 34,000 - 0.00% 4110 Salaries - Seasonal - 4,422 1,160 7,500 6,264 7,500 - 0.00% 4310 Health Insurance 122,890 104,856 87,526 51,757 93,937 52,695 938 1.81% 4320 Dental Insurance 865 - 224 244 301 233 (11) -4.51% 4330 Life Insurance 198 286 363 374 227 230 (144) -38.50% 4340 Vision Insurance 109 - 42 44 41 43 (1) -2.27% 4410 FICA 39,687 33,124 32,868 35,077 35,083 37,278 2,201 6.27% 4420 IMRF (660) - 110,539 44,110 42,742 46,012 1,902 4.31% 4510 Uniforms 1,526 1,733 1,938 2,250 1,448 2,250 - 0.00% TOTAL SALARIES/BENEFITS 673,641 575,167 666,034 592,379 616,303 626,037 33,658 5.68% Contractual Services 5110 Contractual 113,324 110,114 100,696 140,000 73,378 154,500 14,500 10.36% 5310 Postage & Meter 3 2,612 141 1,000 134 1,000 - 0.00% 5320 Telephone - - - - - - - #DIV/0! 5370 Repair & Maintenance 5,988 1,979 1,097 4,000 3,959 4,000 - 0.00% 5410 Dues 764 694 821 1,500 1,530 2,000 500 33.33% 5430 Training 383 2,356 579 1,500 694 1,500 - 0.00% 5440 Tuition Reimbursement - - - - - - - #DIV/0! 5510 Utilities 135,066 147,741 123,122 110,000 156,512 135,000 25,000 22.73% TOTAL CONTRACTUAL SERVICES 255,528 265,496 226,456 258,000 236,207 298,000 40,000 15.50% Supplies 6110 Materials and Supplies 150,546 235,298 242,473 250,000 289,870 270,000 20,000 8.00% 6210 Office Supplies 615 500 564 500 286 500 - 0.00% 6250 Gasoline & Oil 5,618 5,584 6,332 7,000 6,480 7,000 - 0.00% 6270 Small Equipment & Tools 999 995 292 1,000 953 1,000 - 0.00% 6940 Administrative Expenses 1,462 731 925 - 422 - - #DIV/0! TOTAL SUPPLIES 159,240 243,108 250,586 258,500 298,011 278,500 20,000 7.74% EXPENDITURES 45 207 1 2 3 4 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Water and Sewer Fund Summary (Fund 510, Department 31 Water) 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Other 7091 Debt Service - Accrued Interest (750) (788) (788) - (788) - - #DIV/0! 7100 Principal Payment - - - 110,000 - 115,000 5,000 4.55% 7200 Bond Interest 38,508 36,508 34,408 32,308 32,308 29,998 (2,310) -7.15% 7300 Fees - Paying Agent 311 311 311 350 311 350 - 0.00% 8300 Capital - Equipment - - - - - - - #DIV/0! 8500 Capital - Utility System - 66,942 - - - - - #DIV/0! 9000 Amortization - Bond Issue Costs - - - - - - - #DIV/0! 9100 Amortization - Bond Discount (46,517) (512) (512) - (512) - - #DIV/0! 9510 Depreciation Expense 588,751 631,243 647,212 650,000 649,000 650,000 - 0.00% 9605 OPEB Expense 4,831 (16,959) 62,431 - - - - #DIV/0! 9606 OPEB Contributions (5,906) (8,492) (9,774) - - - - #DIV/0! 9904 Transfer to Debt Service 98,152 96,499 97,835 99,112 99,112 98,735 (377) -0.38% 9920 Purchase of Service - MCMRMA 64,895 64,895 82,941 101,543 101,543 101,543 - 0.00% 9921 Purchase of Service - Billing 245,048 245,048 245,048 245,048 245,048 245,048 - 0.00% 9922 Purchase of Service - IT 26,258 27,778 28,357 33,188 33,188 38,488 5,300 15.97% 9923 Purchase of Service - Audit 4,863 5,035 5,750 5,399 5,399 6,000 601 11.13% 9930 Water/Sewer Transfer 625,101 720,385 731,578 750,041 750,041 736,092 (13,949) -1.86% 9930 Water/Sewer Transfer - Utility Capital - - - - - - - #DIV/0! TOTAL OTHER 1,643,545 1,867,893 1,924,797 2,026,989 1,914,650 2,021,254 (5,735) -0.28% TOTAL OPERATING EXPENDITURES 2,143,203 2,320,421 2,420,661 2,485,868 2,416,171 2,573,791 87,923 3.54% TOTAL EXPENDITURES 2,731,954 2,951,664 3,067,873 3,135,868 3,065,171 3,223,791 87,923 2.80% 46 208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AB NPRSTUVW Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed 3180 Grants 525,000 - - - - - - #DIV/0! 3200 Interest Income - - - 100,000 - 50,000 (50,000) -50.00% 3220 CD Interest 1,043 496 1,440 - 2,500 - - #DIV/0! 3240 IL Fund Interest 2,728 1,524 50,706 - 72,250 - - #DIV/0! 3610 Sales 2,704,124 2,901,088 2,872,692 2,981,836 2,986,740 3,120,320 138,484 4.64% 3615 Base Charge - Capital 276,036 388,515 510,811 500,000 522,597 520,000 20,000 4.00% 3620 Penalties 45,137 72,724 58,783 65,000 37,136 65,000 - 0.00% 3630 Hookup/Connection Fees 46,137 23,750 7,500 10,000 7,500 10,000 - 0.00% 3660 Debt Service Fee 421,409 424,643 432,360 425,000 440,631 430,000 5,000 1.18% 3665 Debt Service - IEPA Loan 2,245,661 2,081,334 1,913,864 1,884,000 1,963,407 1,950,000 66,000 3.50% 3821 Donated Public Improvements 1,745,000 1,357,882 - - - - - #DIV/0! 3836 Gain/Loss on Sale (1,242,786) 32,760 - - - - - #DIV/0! 3890 Miscellaneous Income 4,580 12,289 755 1,000 3,095 1,000 - 0.00% 3915 Bond Interest Rebate 7,254 25,082 - - - - - #DIV/0! 3981 Transfer - Capital Development 16,776 - - - - - - #DIV/0! TOTAL REVENUES 6,798,099 7,322,087 5,848,911 5,966,836 6,035,856 6,146,320 179,484 3.01% TOTAL OPERATING REVENUES 3,711,275 3,437,846 3,416,736 3,572,836 3,542,352 3,666,320 93,484 2.62% REVENUES Variance ($) Variance (%) Water and Sewer Fund Summary (Fund 510, Department 32 Sewer) 47 209 1 2 3 4 AB NPRSTUVW Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Water and Sewer Fund Summary (Fund 510, Department 32 Sewer) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Salaries/Benefits 4010 Salaries - Regular 693,097 695,642 746,111 797,577 757,873 804,194 6,617 0.83% 4050 Overtime - Regular 31,742 33,190 39,642 40,000 33,620 40,000 - 0.00% 4110 Salaries - Seasonal - 4,507 5,184 7,500 5,888 7,500 - 0.00% 4310 Health Insurance 203,936 203,427 238,654 282,069 264,652 286,902 4,833 1.71% 4320 Dental Insurance 850 1,109 1,357 1,520 1,438 1,431 (89) -5.86% 4330 Life Insurance 323 428 546 697 403 434 (263) -37.73% 4340 Vision Insurance 154 177 149 162 144 153 (9) -5.56% 4410 FICA 55,382 55,959 60,386 64,648 63,033 65,155 507 0.78% 4420 IMRF 7,121 - 203,295 81,915 78,221 80,958 (957) -1.17% 4510 Uniforms 9,075 9,481 10,699 11,775 11,239 13,025 1,250 10.62% TOTAL SALARIES/BENEFITS 1,001,680 1,003,920 1,306,023 1,287,863 1,216,511 1,299,752 11,889 0.92% Contractual Services 5110 Contractual 162,611 156,784 168,756 180,000 143,171 180,000 - 0.00% 5310 Postage & Meter 74 23 31 200 132 200 - 0.00% 5320 Telephone - - - - - - - #DIV/0! 5370 Repair & Maintenance 25,314 6,654 31,610 15,000 19,064 18,000 3,000 20.00% 5375 Repair & Maintenance - Equipment 96,617 66,423 132,686 115,000 170,181 175,000 60,000 52.17% 5380 Repair & Maintenance - Utility System 71,460 42,027 73,475 75,000 86,893 75,000 - 0.00% 5410 Dues 1,139 335 580 600 470 600 - 0.00% 5430 Training 1,444 1,295 631 1,250 196 1,000 (250) -20.00% 5440 Tuition Reimbursement 409 514 575 600 - 600 - 0.00% 5450 Publications - - - - - - - #DIV/0! 5510 Utilities 333,041 313,241 293,882 325,000 354,136 325,000 - 0.00% 5580 Sludge Disposal 50,307 87,415 27,118 80,000 45,800 80,000 - 0.00% TOTAL CONTRACTUAL SERVICES 742,416 674,711 729,344 792,650 820,043 855,400 62,750 7.92% EXPENDITURES 48 210 1 2 3 4 AB NPRSTUVW Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed Variance ($) Variance (%) Water and Sewer Fund Summary (Fund 510, Department 32 Sewer) 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Supplies 6110 Materials and Supplies 192,982 198,177 240,235 303,000 349,700 348,500 45,500 15.02% 6210 Office Supplies 610 750 968 750 225 750 - 0.00% 6270 Small Equipment & Tools - - 1,031 1,000 1,019 1,000 - 0.00% 6250 Gasoline & Oil 17,453 28,823 31,431 30,000 29,498 30,000 - 0.00% TOTAL SUPPLIES 211,045 227,750 273,665 334,750 380,442 380,250 45,500 13.59% Other 6940 Administrative Expenses 2,150 1,585 2,086 - 1,004 - - #DIV/0! 7091 Debt Service - Accrued Interest (23,398) (12,254) (15,173) - (16,000) - - #DIV/0! 7100 Principal Payment - - - 285,000 - 300,000 15,000 5.26% 7200 Bond Interest 163,953 118,958 104,200 93,600 93,600 82,200 (11,400) -12.18% 7300 Fees - Paying Agent 1,093 750 750 750 750 750 - 0.00% 7400 Bond Issuance Costs 35,270 - - - - - - #DIV/0! 7450 Bond Discount Expense 18,776 - - - - - - #DIV/0! 7605 IEPA Loan Principal - - - 1,561,149 - 1,590,322 29,173 1.87% 7600 IEPA Loan Interest 564,003 534,492 518,829 490,192 490,192 461,019 (29,173) -5.95% 8300 Capital - Equipment - - - - - - - #DIV/0! 8500 Capital - Utility System 397,472 293,685 26,504 - - - - #DIV/0! 9000 Amortization - Bond Issue Costs - - - - - - - #DIV/0! 9100 Amortization - Bond Discount 7,225 (46,005) (46,005) - (46,005) - - #DIV/0! 9510 Depreciation Expense 1,704,349 2,133,432 2,157,391 2,100,000 2,167,000 2,200,000 100,000 4.76% 9605 OPEB Expense 4,831 (16,959) 62,431 - - - - #DIV/0! 9606 OPEB Contributions (5,906) (8,492) (9,774) - - - - #DIV/0! 9904 Transfer to Debt Service 12,475 12,264 12,434 12,596 12,596 12,548 (48) -0.38% 9920 Purchase of Service - MCMRMA 86,695 86,695 110,863 135,728 135,728 135,728 - 0.00% 9921 Purchase of Service - Billing 261,238 261,238 261,238 261,238 261,238 261,238 - 0.00% 9922 Purchase of Service - IT 22,009 23,221 22,736 26,393 26,393 30,403 4,010 15.19% 9923 Purchase of Service - Audit 4,863 5,035 5,750 5,399 5,399 6,000 601 11.13% 9930 Water/Sewer Transfer 421,309 296,916 301,622 307,829 307,829 297,687 (10,142) -3.29% 9930 Water/Sewer Transfer - Utility Capital - - - - - - - #DIV/0! 9936 Transfer to Utility Improvement Fund - 6,250 - - - - - #DIV/0! TOTAL OTHER 3,678,407 3,690,811 3,515,882 5,279,874 3,439,724 5,377,895 98,021 1.86% TOTAL OPERATING EXPENDITURES 3,365,196 2,923,018 3,148,694 3,543,796 3,199,528 3,661,956 118,160 3.33% TOTAL EXPENDITURES 5,633,548 5,597,192 5,824,914 7,695,137 5,856,720 7,913,297 218,160 2.84% 49 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AB OQSTUVWX Account Account FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Number Description Actual Actual Actual Budget Estimated Proposed 3890 Miscellaneous Income - - 838 - - - - #DIV/0! 3978 Transfer from Water/Sewer Fund 1,046,410 1,017,301 1,033,200 1,057,870 1,057,870 1,029,088 (28,782) -2.72% TOTAL REVENUES 1,046,410 1,017,301 1,034,038 1,057,870 1,057,870 1,029,088 (28,782) -2.72% Salaries/Benefits 4010 Salaries - Regular 637,269 592,670 616,004 620,829 493,759 621,360 531 0.09% 4050 Overtime - Regular 18,457 30,648 18,724 20,000 9,528 15,000 (5,000) -25.00% 4110 Salaries - Seasonal - 4,928 5,351 7,500 7,500 7,500 - 0.00% 4310 Health Insurance 201,041 203,668 207,787 218,308 191,397 221,931 3,623 1.66% 4320 Dental Insurance 1,018 1,097 1,134 1,316 475 1,198 (118) -8.97% 4330 Life Insurance 323 457 568 581 353 357 (224) -38.55% 4340 Vision Insurance 74 108 107 116 44 110 (6) -5.17% 4410 FICA 50,654 48,337 49,333 49,597 44,879 49,255 (342) -0.69% 4420 IMRF 7,151 (21,127) 165,466 71,773 52,151 61,027 (10,746) -14.97% 4510 Uniforms 3,130 3,473 3,229 3,000 2,990 3,000 - 0.00% TOTAL SALARIES/BENEFITS 919,117 864,259 1,067,703 993,020 803,076 980,738 (12,282) -1.24% Contractual Services 5110 Contractual 4,010 3,773 - - - - - #DIV/0! 5310 Postage & Meter 1 - - 100 - 100 - 0.00% 5320 Telephone - - - - - - - #DIV/0! 5370 Repair & Maintenance 30,306 34,557 19,721 25,000 21,765 20,000 (5,000) -20.00% 5410 Dues 364 323 327 500 100 500 - 0.00% 5430 Training 512 1,554 61 3,000 126 1,500 (1,500) -50.00% TOTAL CONTRACTUAL SERVICES 35,193 40,207 20,109 28,600 21,991 22,100 (6,500) -22.73% Supplies 6110 Materials and Supplies 23,424 338 3,592 - 115 - - #DIV/0! 6210 Office Supplies 91 257 248 250 209 250 - 0.00% 6250 Gasoline & Oil 20,133 21,865 29,902 35,000 24,351 25,000 (10,000) -28.57% 6270 Small Equipment & Tools - 567 566 1,000 567 1,000 - 0.00% TOTAL SUPPLIES 43,648 23,027 34,308 36,250 25,242 26,250 (10,000) -27.59% TOTAL EXPENDITURES 997,958 927,493 1,122,120 1,057,870 850,309 1,029,088 (28,782) -2.72% REVENUES EXPENDITURES Variance ($) Variance (%) Water and Sewer Fund Summary (Fund 510, Department 35 Utility) 50 212 Recap of FY23/24 Budget and Presentation of FY24/25 Budget Information March 18, 2024 City Council Meeting 119 Tonight’s Meeting Focus •Review of FY23/24 General Fund Budget •Estimated Status of General Fund Balance at Close of FY23/24 •FY24/25 Proposed General Fund Revenues & Expenditures •FY24/25 Proposed Recreation Center Budget •FY24/25 Proposed Water and Sewer Fund Budget •FY24/25 Capital Asset Maintenance and Replacement Projects 1 120 Highlights •FY23/24 Estimated year-end GF Revenues are $1,417,588 (4.8%) HIGHER than budget •FY23/24 Estimated year-end GF expenditures are $2,193,217 (6.9%) LESS than budget •FY24/25 Proposed General Fund Operating Budget is BALANCED (revenues/expenditures) by $851,117 •FY24/25 General Fund Revenues forecasted to INCREASE by $1,364,875 (4.58%) from FY23/24 Budget •FY24/25 Proposed Local Street Program is $3,215,770 (MFT, Local MFT, Road & Bridge, Public Works Contractual) – more than $6 million total last two fiscal years •5.0% increases are recommended for both water ($0.18 per 1,000 gallons) and sewer ($0.22 per 1,000 gallons) to offset increases to Operating Expenses •120-day General Fund Balance ACHIEVED •Recent adoption of electric and natural gas utility taxes will ensure that General Fund capital needs will be met for existing and new assets 2 121 FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Budget Budget Actual Actual Actual Actual Actual Actual Budget Estimated Proposed Variance $ Variance % FUND BALANCE BEGINNING 7,303,780 7,266,953 7,263,313 7,033,891 9,983,276 14,702,950 17,718,443 17,718,443 19,223,163 1,504,720 8.49% REVENUES Property Taxes 4,947,812 4,945,232 4,950,914 4,940,219 4,844,022 4,975,754 5,027,941 5,000,455 4,987,562 (40,379) -0.80% State Sales Tax 7,659,203 7,765,544 7,810,823 8,730,755 9,227,405 9,523,709 9,460,894 9,423,709 9,356,404 (104,490) -1.10% Local Sales Tax 1,988,773 2,003,318 2,642,858 2,997,213 3,580,074 3,822,745 3,866,480 3,792,745 3,874,618 8,138 0.21% State Income Tax 2,456,160 2,792,465 2,655,608 3,276,353 4,301,251 4,384,429 4,216,779 4,442,923 4,640,085 423,306 10.04% State Replacement Tax 59,769 65,260 83,626 78,561 184,105 246,433 200,000 146,667 130,000 (70,000) -35.00% State Telecommunications Tax 129,378 123,903 260,750 244,938 209,789 198,361 200,000 190,300 190,000 (10,000) -5.00% Self Storage Tax - - - - - 44,057 120,000 129,433 125,000 5,000 4.17% Pull Tabs 886 883 930 893 674 1,312 1,000 310 500 (500) -50.00% Intertrack Wagering 49,872 46,192 40,725 16,080 31,550 39,296 25,000 39,184 38,000 13,000 52.00% Video Gaming 522,691 609,064 533,347 629,107 906,233 942,409 900,000 926,806 925,000 25,000 2.78% Franchise Fees 344,775 345,056 352,679 360,325 386,552 379,078 380,000 345,973 340,000 (40,000) -10.53% Licenses and Permits 368,219 440,575 274,640 346,134 397,499 313,857 295,000 298,874 289,000 (6,000) -2.03% Fines and Forfeitures 368,411 349,262 349,075 309,027 420,532 343,690 363,000 539,780 378,000 15,000 4.13% Charges for Services 1,142,382 1,182,875 1,191,117 927,154 1,271,413 1,387,108 1,213,289 1,485,156 1,384,289 171,000 14.09% Reimbursement 2,127,511 2,338,070 2,072,393 3,504,190 2,732,948 2,653,413 3,078,871 3,504,133 3,688,215 609,344 19.79% Interest Income 80,010 165,029 152,344 15,771 12,157 439,622 350,000 843,766 600,000 250,000 71.43% Donations 17,279 4,450 640 750 13,064 13,348 - 850 - - #DIV/0! Miscellaneous 251,325 313,172 325,294 25,720,555 2,158,123 2,124,980 77,000 81,778 193,456 116,456 151.24% TOTAL REVENUE 22,514,456 23,490,350 23,697,763 52,098,025 30,677,391 31,833,601 29,775,254 31,192,842 31,140,129 1,364,875 4.58% EXPENDITURES Personnel 16,450,544 16,671,961 17,064,143 41,566,435 16,285,444 17,037,545 18,859,878 17,846,984 19,184,188 324,310 1.72% Contractual 2,170,853 2,166,593 2,249,031 2,007,064 1,967,719 3,251,340 3,801,918 3,316,854 4,202,870 400,952 10.55% Supplies 896,035 863,022 914,317 645,947 977,964 1,091,952 1,160,070 1,034,098 1,167,170 7,100 0.61% Other 786,570 795,806 864,056 1,580,459 1,092,852 1,289,053 1,316,511 1,242,539 1,332,010 15,499 1.18% Capital Outlay 355,432 1,050,698 1,060,049 1,744,150 1,727,328 2,383,586 2,588,400 2,093,085 892,070 (1,696,330) -65.54% Transfers 1,891,849 1,954,260 1,775,589 1,604,585 3,906,410 3,764,632 4,154,562 4,154,562 4,402,774 248,212 5.97% TOTAL EXPENDITURES 22,551,283 23,502,340 23,927,185 49,148,640 25,957,717 28,818,108 31,881,339 29,688,122 31,181,082 (700,257) -2.20% TOTAL OPERATING EXPENDITURES 22,195,851 22,451,642 22,867,136 47,404,490 24,230,389 26,434,522 29,292,939 27,595,037 30,289,012 996,073 3.40% EXCESS/(DEFICIENCY) REVENUES OVER EXPENDITURES (36,827) (11,990) (229,422) 2,949,385 4,719,674 3,015,493 (2,106,085) 1,504,720 (40,953) NET CHANGE IN FUND BALANCE (36,827) (11,990) (229,422) 2,949,385 4,719,674 3,015,493 (2,106,085) 1,504,720 (40,953) FUND BALANCE ENDING 7,266,953 7,254,963 7,033,891 9,983,276 14,702,950 17,718,443 15,612,358 19,223,163 19,182,210 Less Unassigned - 120 days 7,350,447 7,640,353 8,045,963 7,946,826 8,788,191 8,787,381 9,739,783 10,096,337 10,096,337 Less Assigned for Rt 31 Widening 3,682,586 3,682,586 3,682,586 3,682,586 Less PSAP Grant Funds 769,696 769,696 1,240,442 1,540,442 Less Seizure Funds 221,256 171,256 Assigned for Capital (83,494) (385,390) (1,012,072) 2,036,450 5,914,759 4,478,780 1,420,293 4,203,798 3,691,589 General Fund - Revenues, Expenditures and Fund Balance Summary 3 122 FY23/24 General Fund Revenues & Expenditures (Estimated) 4 123 General Fund Revenues derived primarily of: •Property Taxes •State and Local Sales Taxes •State Income Tax •Video Gaming General Fund Expenditures comprised of: •All Personnel •Contractual and Supplies costs related to operating departments •Capital Outlay •Transfers from GF to other funds Revenues & Expenditures 5 124 FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Budget Budget Actual Actual Actual Actual Actual Actual Budget Estimated Proposed Variance $ Variance % FUND BALANCE BEGINNING 7,303,780 7,266,953 7,263,313 7,033,891 9,983,276 14,702,950 17,718,443 17,718,443 19,223,163 1,504,720 8.49% REVENUES Property Taxes 4,947,812 4,945,232 4,950,914 4,940,219 4,844,022 4,975,754 5,027,941 5,000,455 4,987,562 (40,379) -0.80% State Sales Tax 7,659,203 7,765,544 7,810,823 8,730,755 9,227,405 9,523,709 9,460,894 9,423,709 9,356,404 (104,490) -1.10% Local Sales Tax 1,988,773 2,003,318 2,642,858 2,997,213 3,580,074 3,822,745 3,866,480 3,792,745 3,874,618 8,138 0.21% State Income Tax 2,456,160 2,792,465 2,655,608 3,276,353 4,301,251 4,384,429 4,216,779 4,442,923 4,640,085 423,306 10.04% State Replacement Tax 59,769 65,260 83,626 78,561 184,105 246,433 200,000 146,667 130,000 (70,000) -35.00% State Telecommunications Tax 129,378 123,903 260,750 244,938 209,789 198,361 200,000 190,300 190,000 (10,000) -5.00% Self Storage Tax - - - - - 44,057 120,000 129,433 125,000 5,000 4.17% Pull Tabs 886 883 930 893 674 1,312 1,000 310 500 (500) -50.00% Intertrack Wagering 49,872 46,192 40,725 16,080 31,550 39,296 25,000 39,184 38,000 13,000 52.00% Video Gaming 522,691 609,064 533,347 629,107 906,233 942,409 900,000 926,806 925,000 25,000 2.78% Franchise Fees 344,775 345,056 352,679 360,325 386,552 379,078 380,000 345,973 340,000 (40,000) -10.53% Licenses and Permits 368,219 440,575 274,640 346,134 397,499 313,857 295,000 298,874 289,000 (6,000) -2.03% Fines and Forfeitures 368,411 349,262 349,075 309,027 420,532 343,690 363,000 539,780 378,000 15,000 4.13% Charges for Services 1,142,382 1,182,875 1,191,117 927,154 1,271,413 1,387,108 1,213,289 1,485,156 1,384,289 171,000 14.09% Reimbursement 2,127,511 2,338,070 2,072,393 3,504,190 2,732,948 2,653,413 3,078,871 3,504,133 3,688,215 609,344 19.79% Interest Income 80,010 165,029 152,344 15,771 12,157 439,622 350,000 843,766 600,000 250,000 71.43% Donations 17,279 4,450 640 750 13,064 13,348 - 850 - - #DIV/0! Miscellaneous 251,325 313,172 325,294 25,720,555 2,158,123 2,124,980 77,000 81,778 193,456 116,456 151.24% TOTAL REVENUE 22,514,456 23,490,350 23,697,763 52,098,025 30,677,391 31,833,601 29,775,254 31,192,842 31,140,129 1,364,875 4.58% General Fund - Revenues, Expenditures and Fund Balance Summary Operating Budget Transmittal Page 22 6 125 FY23/24 Estimated Year -End Revenues •Overall General Fund Revenues estimated to end year $1,417,588 (4.8%) HIGHER than budget •Overall, reflects leveling of sales taxes State Sales Tax :$37,185 (0.4%) Local Sales Tax : $73,735 (1.9%) State Income Tax: $226,144 (5.4%) Video Gaming: $26,806 (3.0%) Fines and Forfeitures: $176,780 (48.7%) Charges for Services: $271,867 (22.4%) Reimbursements for Services: $425,262 (13.8%) Interest Income: $493,766 (141.1%) Miscellaneous Income: $4,778 (6.2%) All other General Fund Revenues: $79,885 7 126 FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Budget Budget Actual Actual Actual Actual Actual Actual Budget Estimated Proposed Variance $ Variance % EXPENDITURES Personnel 16,450,544 16,671,961 17,064,143 41,566,435 16,285,444 17,037,545 18,859,878 17,846,984 19,184,188 324,310 1.72% Contractual 2,170,853 2,166,593 2,249,031 2,007,064 1,967,719 3,251,340 3,801,918 3,316,854 4,202,870 400,952 10.55% Supplies 896,035 863,022 914,317 645,947 977,964 1,091,952 1,160,070 1,034,098 1,167,170 7,100 0.61% Other 786,570 795,806 864,056 1,580,459 1,092,852 1,289,053 1,316,511 1,242,539 1,332,010 15,499 1.18% Capital Outlay 355,432 1,050,698 1,060,049 1,744,150 1,727,328 2,383,586 2,588,400 2,093,085 892,070 (1,696,330) -65.54% Transfers 1,891,849 1,954,260 1,775,589 1,604,585 3,906,410 3,764,632 4,154,562 4,154,562 4,402,774 248,212 5.97% TOTAL EXPENDITURES 22,551,283 23,502,340 23,927,185 49,148,640 25,957,717 28,818,108 31,881,339 29,688,122 31,181,082 (700,257) -2.20% TOTAL OPERATING EXPENDITURES 22,195,851 22,451,642 22,867,136 47,404,490 24,230,389 26,434,522 29,292,939 27,595,037 30,289,012 996,073 3.40% General Fund - Revenues, Expenditures and Fund Balance Summary 8 127 FY23/24 Estimated Year-End Expenditures •Overall General Fund Expenditures estimated at $2,193,217 or 6.9% LOWER than the budgeted amount •Capital Outlay estimated $495,315 LOWER due to vehicles ordered but not delivered – expense will be carried over to FY24/25 •Personnel costs estimated $1,012,894 (5.4%) LOWER due unfilled positions and lower health insurance expenses •Contractual costs estimated $485,064 (12.8%) LOWER due to projects started but not completed – Comprehensive Plan and Streets Engineering – expenses will be carried over to FY24/25 •Supply costs estimated $125,972 (10.9%) LOWER •These amounts may change due to additional increases or decreases in expenditures through the end of the fiscal year 9 128 QUESTIONS REGARDING FY23/24 ESTIMATED REVENUES AND EXPENDITURES? 10 129 General Fund Balance 11 130 FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Budget Budget Actual Actual Actual Actual Actual Actual Budget Estimated Proposed Variance $ Variance % FUND BALANCE BEGINNING 7,303,780 7,266,953 7,263,313 7,033,891 9,983,276 14,702,950 17,718,443 17,718,443 19,223,163 1,504,720 8.49% REVENUES Property Taxes 4,947,812 4,945,232 4,950,914 4,940,219 4,844,022 4,975,754 5,027,941 5,000,455 4,987,562 (40,379) -0.80% State Sales Tax 7,659,203 7,765,544 7,810,823 8,730,755 9,227,405 9,523,709 9,460,894 9,423,709 9,356,404 (104,490) -1.10% Local Sales Tax 1,988,773 2,003,318 2,642,858 2,997,213 3,580,074 3,822,745 3,866,480 3,792,745 3,874,618 8,138 0.21% State Income Tax 2,456,160 2,792,465 2,655,608 3,276,353 4,301,251 4,384,429 4,216,779 4,442,923 4,640,085 423,306 10.04% State Replacement Tax 59,769 65,260 83,626 78,561 184,105 246,433 200,000 146,667 130,000 (70,000) -35.00% State Telecommunications Tax 129,378 123,903 260,750 244,938 209,789 198,361 200,000 190,300 190,000 (10,000) -5.00% Self Storage Tax - - - - - 44,057 120,000 129,433 125,000 5,000 4.17% Pull Tabs 886 883 930 893 674 1,312 1,000 310 500 (500) -50.00% Intertrack Wagering 49,872 46,192 40,725 16,080 31,550 39,296 25,000 39,184 38,000 13,000 52.00% Video Gaming 522,691 609,064 533,347 629,107 906,233 942,409 900,000 926,806 925,000 25,000 2.78% Franchise Fees 344,775 345,056 352,679 360,325 386,552 379,078 380,000 345,973 340,000 (40,000) -10.53% Licenses and Permits 368,219 440,575 274,640 346,134 397,499 313,857 295,000 298,874 289,000 (6,000) -2.03% Fines and Forfeitures 368,411 349,262 349,075 309,027 420,532 343,690 363,000 539,780 378,000 15,000 4.13% Charges for Services 1,142,382 1,182,875 1,191,117 927,154 1,271,413 1,387,108 1,213,289 1,485,156 1,384,289 171,000 14.09% Reimbursement 2,127,511 2,338,070 2,072,393 3,504,190 2,732,948 2,653,413 3,078,871 3,504,133 3,688,215 609,344 19.79% Interest Income 80,010 165,029 152,344 15,771 12,157 439,622 350,000 843,766 600,000 250,000 71.43% Donations 17,279 4,450 640 750 13,064 13,348 - 850 - - #DIV/0! Miscellaneous 251,325 313,172 325,294 25,720,555 2,158,123 2,124,980 77,000 81,778 193,456 116,456 151.24% TOTAL REVENUE 22,514,456 23,490,350 23,697,763 52,098,025 30,677,391 31,833,601 29,775,254 31,192,842 31,140,129 1,364,875 4.58% EXPENDITURES Personnel 16,450,544 16,671,961 17,064,143 41,566,435 16,285,444 17,037,545 18,859,878 17,846,984 19,184,188 324,310 1.72% Contractual 2,170,853 2,166,593 2,249,031 2,007,064 1,967,719 3,251,340 3,801,918 3,316,854 4,202,870 400,952 10.55% Supplies 896,035 863,022 914,317 645,947 977,964 1,091,952 1,160,070 1,034,098 1,167,170 7,100 0.61% Other 786,570 795,806 864,056 1,580,459 1,092,852 1,289,053 1,316,511 1,242,539 1,332,010 15,499 1.18% Capital Outlay 355,432 1,050,698 1,060,049 1,744,150 1,727,328 2,383,586 2,588,400 2,093,085 892,070 (1,696,330) -65.54% Transfers 1,891,849 1,954,260 1,775,589 1,604,585 3,906,410 3,764,632 4,154,562 4,154,562 4,402,774 248,212 5.97% TOTAL EXPENDITURES 22,551,283 23,502,340 23,927,185 49,148,640 25,957,717 28,818,108 31,881,339 29,688,122 31,181,082 (700,257) -2.20% TOTAL OPERATING EXPENDITURES 22,195,851 22,451,642 22,867,136 47,404,490 24,230,389 26,434,522 29,292,939 27,595,037 30,289,012 996,073 3.40% EXCESS/(DEFICIENCY) REVENUES OVER EXPENDITURES (36,827) (11,990) (229,422) 2,949,385 4,719,674 3,015,493 (2,106,085) 1,504,720 (40,953) HANGE IN FUND BALANCE (36,827) (11,990) (229,422) 2,949,385 4,719,674 3,015,493 (2,106,085) 1,504,720 (40,953) FUND BALANCE ENDING 7,266,953 7,254,963 7,033,891 9,983,276 14,702,950 17,718,443 15,612,358 19,223,163 19,182,210 Less Unassigned - 120 days 7,350,447 7,640,353 8,045,963 7,946,826 8,788,191 8,787,381 9,739,783 10,096,337 10,096,337 Less Assigned for Rt 31 Widening 3,682,586 3,682,586 3,682,586 3,682,586 Less PSAP Grant Funds 769,696 769,696 1,240,442 1,540,442 Less Seizure Funds 221,256 171,256 Assigned for Capital (83,494) (385,390) (1,012,072) 2,036,450 5,914,759 4,478,780 1,420,293 4,203,798 3,691,589 General Fund - Revenues, Expenditures and Fund Balance Summary 12 131 General Fund Balance FY23/24 Budgeted and Estimated and FY24/25 Proposed •FY23/24 Budgeted beginning balance of $17,718,443 •FY23/24 Budgeted ending balance of $15,612,358 •FY23/24 Estimated ending balance of $19,223,163 – due to revenues greater than anticipated and reduced expenditures •FY24/25 beginning balance of $19,223,163 proposed for: –$10,096,337 120-day balance per policy –$3,682,586 assigned for Route 31 Project (ARPA offset) –$1,540,442 PSAP Grant funds –$171,256 Seizure Funds –$3,691,589 Available – to be discussed after FY23/24 audit is finalized 13 132 QUESTIONS REGARDING GENERAL FUND BALANCE? 14 133 FY24/25 Overview of Proposed General Fund Revenues & Expenditures 15 134 FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Budget Budget Actual Actual Actual Actual Actual Actual Budget Estimated Proposed Variance $ Variance % FUND BALANCE BEGINNING 7,303,780 7,266,953 7,263,313 7,033,891 9,983,276 14,702,950 17,718,443 17,718,443 19,223,163 1,504,720 8.49% REVENUES Property Taxes 4,947,812 4,945,232 4,950,914 4,940,219 4,844,022 4,975,754 5,027,941 5,000,455 4,987,562 (40,379) -0.80% State Sales Tax 7,659,203 7,765,544 7,810,823 8,730,755 9,227,405 9,523,709 9,460,894 9,423,709 9,356,404 (104,490) -1.10% Local Sales Tax 1,988,773 2,003,318 2,642,858 2,997,213 3,580,074 3,822,745 3,866,480 3,792,745 3,874,618 8,138 0.21% State Income Tax 2,456,160 2,792,465 2,655,608 3,276,353 4,301,251 4,384,429 4,216,779 4,442,923 4,640,085 423,306 10.04% State Replacement Tax 59,769 65,260 83,626 78,561 184,105 246,433 200,000 146,667 130,000 (70,000) -35.00% State Telecommunications Tax 129,378 123,903 260,750 244,938 209,789 198,361 200,000 190,300 190,000 (10,000) -5.00% Self Storage Tax - - - - - 44,057 120,000 129,433 125,000 5,000 4.17% Pull Tabs 886 883 930 893 674 1,312 1,000 310 500 (500) -50.00% Intertrack Wagering 49,872 46,192 40,725 16,080 31,550 39,296 25,000 39,184 38,000 13,000 52.00% Video Gaming 522,691 609,064 533,347 629,107 906,233 942,409 900,000 926,806 925,000 25,000 2.78% Franchise Fees 344,775 345,056 352,679 360,325 386,552 379,078 380,000 345,973 340,000 (40,000) -10.53% Licenses and Permits 368,219 440,575 274,640 346,134 397,499 313,857 295,000 298,874 289,000 (6,000) -2.03% Fines and Forfeitures 368,411 349,262 349,075 309,027 420,532 343,690 363,000 539,780 378,000 15,000 4.13% Charges for Services 1,142,382 1,182,875 1,191,117 927,154 1,271,413 1,387,108 1,213,289 1,485,156 1,384,289 171,000 14.09% Reimbursement 2,127,511 2,338,070 2,072,393 3,504,190 2,732,948 2,653,413 3,078,871 3,504,133 3,688,215 609,344 19.79% Interest Income 80,010 165,029 152,344 15,771 12,157 439,622 350,000 843,766 600,000 250,000 71.43% Donations 17,279 4,450 640 750 13,064 13,348 - 850 - - #DIV/0! Miscellaneous 251,325 313,172 325,294 25,720,555 2,158,123 2,124,980 77,000 81,778 193,456 116,456 151.24% TOTAL REVENUE 22,514,456 23,490,350 23,697,763 52,098,025 30,677,391 31,833,601 29,775,254 31,192,842 31,140,129 1,364,875 4.58% General Fund - Revenues, Expenditures and Fund Balance Summary 16 135 FY24/25 Proposed General Fund Revenues •Proposed at $1,364,875 (4.6%) HIGHER than FY23/24 Budget •NO Property Tax Levy increase and 99% collection rate resulting in $40,379 (0.8%) LOWER Property Tax revenues Property Taxes: $40,379 (0.8%) State Sales Tax:$104,490 (1.1%) Local Sales Tax $8,138 (0.2%) State Income Tax $423,306 (10.04%) Video Gaming $25,000 (2.78%) Charges for Services $171,000 (14.09%) Interest Income $250,000 (71.43%) Reimbursement for Services $609,344 (19.79%) 17 136 QUESTIONS REGARDING FY24/25 PROPOSED REVENUES? 18 137 FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 FY23/24 FY23/24 FY24/25 Budget Budget Actual Actual Actual Actual Actual Actual Budget Estimated Proposed Variance $ Variance % EXPENDITURES Personnel 16,450,544 16,671,961 17,064,143 41,566,435 16,285,444 17,037,545 18,859,878 17,846,984 19,184,188 324,310 1.72% Contractual 2,170,853 2,166,593 2,249,031 2,007,064 1,967,719 3,251,340 3,801,918 3,316,854 4,202,870 400,952 10.55% Supplies 896,035 863,022 914,317 645,947 977,964 1,091,952 1,160,070 1,034,098 1,167,170 7,100 0.61% Other 786,570 795,806 864,056 1,580,459 1,092,852 1,289,053 1,316,511 1,242,539 1,332,010 15,499 1.18% Capital Outlay 355,432 1,050,698 1,060,049 1,744,150 1,727,328 2,383,586 2,588,400 2,093,085 892,070 (1,696,330) -65.54% Transfers 1,891,849 1,954,260 1,775,589 1,604,585 3,906,410 3,764,632 4,154,562 4,154,562 4,402,774 248,212 5.97% TOTAL EXPENDITURES 22,551,283 23,502,340 23,927,185 49,148,640 25,957,717 28,818,108 31,881,339 29,688,122 31,181,082 (700,257) -2.20% TOTAL OPERATING EXPENDITURES 22,195,851 22,451,642 22,867,136 47,404,490 24,230,389 26,434,522 29,292,939 27,595,037 30,289,012 996,073 3.40% General Fund - Revenues, Expenditures and Fund Balance Summary 19 138 FY24/25 Proposed General Fund Expenditures •Proposed operating expenditures are $996,073 (3.4%) HIGHER than FY23/24 Budgeted •Personnel (salaries + benefits) costs $324,310 (1.72%) HIGHER –$341,077 bargaining unit and non-bargaining unit salary increases –$37,427 Police Pension contributions –$21,920 New Position - Part-Time FOIA Officer for body worn and in-squad cameras –$55,678 FICA, IMRF, insurance decreases •Contractual costs $400,952 HIGHER (detailed on p. 11) •Supply costs $7,100 (0.61%) HIGHER due to increased pricing •Transfer costs $248,212 (5.97%) HIGHER due to IT increases 20 139 FY24/25 Budgeted Operating Revenues/Expenditures Budget is BALANCED by $851,117 21 140 QUESTIONS REGARDING FY24/25 PROPOSED EXPENDITURES? 22 141 General Fund Operating Departments Overview •GF Operating Departments include all personnel, contractual, supplies and other operating expenses except for those of the Recreation Center, Water Division, Sewer Division, Utility Division, Information Technology. •Directors develop annual budget requests based on previous actuals, YTD actuals, anticipated expenditures through end of year, estimated expenses for upcoming budget year. •City Administrator, Finance Director and respective Department Directors, Superintendents, Managers review requests and make adjustments. 23 142 FY24/25 Operating Fund Highlights •Overall -Personnel costs increased by $324,310 (1.72%) - $341,077 cost of living or step increases; $59,347 Police Pension and new FOIA Officer expenses; $55,678 decrease attributable to insurance, FICA and IMRF -Contractual expenses higher by $400,952 (10.55%) due to a Body and In-Car Camera purchase contract and an updated road condition survey -Supply costs higher by $7,100 (0.61%) due to inflationary increases -Information Technology transfers higher by $248,212 (5.97%) •General Administration – Overall expenses decrease – elimination of retirement payout, lower legal fees, offset slightly by higher Information Technology Transfer •Community Development – Carryover of remainder of Comprehensive Plan and $200,000 for the addition of a Unified Development Ordinance •Human Resources – Decrease due to removing $16,500 for engagement of consultant for City Admin recruitment process 24 143 FY24/25 Operating Fund Highlights •Economic Development – Increased marketing efforts •Police – Addition of Body and In-Car Cameras $265,768, offset by $115,456 potential grant revenue; $50,000 capital expense for fence around Fueling Station at PW Garage •NERCOM – Partners voted to use $700,000 to offset Dispatch Personnel Costs, lowering partner costs •Public Works Streets – $90,000 for Road Condition Survey; carryover of $159,770 for Oakwood Dr. Bridge Rehab Engineering •Parks and Recreation – NISRA dues increases of $26,264; $37,000 Seasonal Salaries increases with additional programs ; Capital Expense of $40,000 for 3 basketball court renovations •Parks Maintenance – $58,000 increase for additional maintenance projects 25 144 QUESTIONS REGARDING OPERATING FUNDS? 26 145 McHenry Recreation Center 27 146 McHenry Recreation Center (Operating Budget Transmittal Page 17 & Pages 41-43) •FY24/25 represents the sixth full budget year for the Recreation Center – opened February 29, 2016 •City's goal remains a self-sustaining Recreation Center with sufficient revenue to fund both operations and debt service •Goal was successfully achieved until the pandemic negatively impacted membership and revenues •Staff has taken action to increase membership revenue and reduce expenses, but recovery continues •Estimated revenues for FY23/24 are $825,514, including an additional General Fund transfer of $130,000 to cover operational expenses •FY24/25 revenues are proposed at $854,500 ($71,344 higher than FY23/24 budget of $783,156), including an additional General Fund transfer of $150,000 to cover operational expenses •FY24/25 operating expenses are proposed at $849,829 ($60,570 higher than FY23/24 budget of $789,256) 28 147 QUESTIONS REGARDING RECREATION CENTER FUND? 29 148 Water and Sewer Fund 30 149 Water and Sewer Fund (Operating Budget Transmittal Page 18-19 & Pages 44-50) •Enterprise/business-type fund for operating and capital costs related to water and sewer systems – Water Division, Wastewater Division, Utility Maintenance Division, capital projects and equipment •Revenues derived directly from water and sewer sales, base charges, connection fees, and service penalties – consumption impacts revenues •Operations funded through water and sewer rates – reviewed and adjusted annually (if needed) •Updated Base Fees adopted in 2021 to ensure funding source for water and sewer maintenance and replacement infrastructure projects •Water Rates were decreased by $0.17 and Sewer rates were increased by $0.17 in FY23/24 31 150 Water and Sewer Fund (Operating Budget Transmittal Page 18-19 & Pages 44-50) •Water Division Operating Expenditures proposed to INCREASE $87,923 (3.5%) due to personnel and benefit adjustments, as well as inflationary costs for materials and supplies •An $.18 (5.0%) WATER RATE ADJUSTMENT IS RECOMMENDED FOR FY24/25 •Sewer Division Operating Expenditures proposed to INCREASE $118,160 due to personnel and benefit adjustments, as well as inflationary costs related to materials and supplies •A $.22 (5.0%) SEWER RATE ADJUSTMENT IS RECOMMENDED FOR FY24/25 •Utility Division Expenditures proposed to DECREASE $28,782 due to personnel and benefit adjustments 32 151 Water/Sewer Capital Snapshot •Projects funded with Capital Fees and Water/Sewer Reserves –Annual Water Capital Fees Available - $550,000 –Annual Sewer Capital Fees Available - $520,000 –Reserve Balance - $3.5 Million •Water Projects –$800,000 Water Tower 4 Repainting –$150,000 Water Plant 2, Control Upgrade and MCC Relocation –$85,000 Well 6, Pump Replacement & Aquifer Rehabilitation –$250,000 Kane Street Water Main Replacement •Sewer Projects –$178,504 Freund Lift Station Pump & Mechanical Upgrade –$325,000 Sanitary Sewer Lining Annual Program –$20,000 MCC 50 & MCC 70 HVAC Replacement –$40,000 Dryer Rotary Joint Replacement –$100,000 Secondary Clarifier Drive Rebuilds (Clarifiers 1-4) 33 152 QUESTIONS REGARDING WATER, SEWER, UTILITY FUNDS? 34 153 General Fund Capital Asset Projects 35 154 Capital Projects Snapshot •Capital investment for FY24/25 budgeted to be over $5.2 million, including $3.2 million overall road program –This total DOES NOT INCLUDE Water & Sewer Fund capital projects discussed above OR additional capital projects funded through the Information Technology, Developer Donations, and TIF Funds •Changes to funding for capital were made per the 2023 Community Investment Plan •As of the FY24/25 Budget: –Capital Asset Maintenance &Replacement Projects to be funded with electric utility tax revenues (ComEd) –Capital Asset New Projects to be funded with natural gas utility tax revenues (Nicor) –Existing Capital Improvements/Equipment Funds will no longer be used once current projects are complete 36 155 Capital Projects Snapshot General Fund Projects using Fund Balance (in Administration Budget) Streets/Sidewalks/Signals •South Main Street Parking Lot Engineering - $40,000 (Rebudget from FY23/24) •Riverside Streetscape Design - $157,000 (Rebudget from FY23/24) •Bull Valley Rd LBFP Phase I Engineering - $209,970* (Partial Rebudget from FY23/24) •Riverside Sidewalk Engineering - $23,000 (Rebudget from FY23/24) Public Facilities •City Entrance Signs - $240,000 (Rebudget from FY23/24) Motor Pool •Vehicle Replacement - $50,000 •Roller - $50,000 *Projects with asterisks are funded in whole or in part from non-municipal sources. 37 156 Capital Projects Snapshot Capital Improvements/Equipment Fund Projects Public Safety •License Plate Reader System - $35,000 (Rebudget from FY23/24) Streets/Sidewalks/Signals •Venice Avenue Design - $48,000 (Rebudget from FY23/24) 38 157 Capital Projects Snapshot Capital Asset Maintenance and Replacement Fund Projects Parks and Recreation •Knox Park Skate Park Improvements- $25,000 Motor Pool •Wing Truck - $135,715 (Rebudget f rom FY23/24) •Concrete Truck - $82,200 (Rebudget from FY23/24) •1-Ton Dump - $135,000 (Rebudget f rom FY23/24) •Patrol SUV Replacement – $295,000 •Vehicle Replacements - $110,000 •Maintenance Cart - $10,000 •Street Sweeper - $335,000 Streets/Sidewalks/Signals/Public Improvements •South Main Street Parking Lot - $350,000 •Street Lights (Route 120) - $30,000 39 158 Capital Projects Snapshot Motor Fuel Tax/Local Motor Fuel Tax Projects Streets/Sidewalks/Signals •Local Street Prog ram - $1,500,000 (MFT) •Local Street Pro g ram - $540,000 (Streets Expense Line Item) •Local Street Pro g ram - $330,000 (Local MFT) •Bull Valley Rd* - $195,000 (Partial MFT) •Oakwood Dr Bridge Rehab Engineering - $159,770 (Streets Expense Line Item) •Barreville Rd Engineering - $50,000 (Local MFT) •Green St. STP - $93,000* (Partial MFT) *Projects with asterisks are funded in whole or in part from non-municipal sources. 40 159 Capital Projects Snapshot Capital Projects Summary Total General Fund = $1,167,459 Total Capital Improvements/Equipment Fund = $83,000 Total Capital Maintenance & Replacement Fund = $1,507,915 Total Motor Fuel Tax Fund = $1,730,400 Total Local Motor Fuel Tax Fund = $380,000 Total Non-Municipal Funding Sources = $359,881 Total Amount Funded = $5,228,655 41 160 QUESTIONS REGARDING CAPITAL ASSET PROJECTS? 42 161 Next Steps •March 19 – March 27: Modifications to operating budgets based on March 18 City Council budget discussion •March 27: Updated operating budgets and all other fund budgets transmitted to City Council •April 1: Discussion of Draft FY24/25 Budget – All Funds (any changes to tonight plus other funds) •April 2 – April 10: Draft FY24/25 Budget including all spreadsheets and supporting narratives and documentation completed •April 10: Draft FY24/25 Budget in its entirety transmitted to City Council for review •April 15: FY24/25 Budget adopted by City Council 43 162 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.cityofmchenry.org/park_recreation AGENDA SUPPLEMENT DATE: March 18, 2024 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Parks Special Use for a Private Fireworks Display Attachment: Parks Special Use Permit Application AGENDA ITEM SUMMARY: Recently, long time Lakewood Road Resident, Mr. Tim Beck’s wife passed away. Mr. Beck will be hosting family and friends at his home on May 4, 2024 for a celebration of his wife’s life. As a part of this celebration of life, Mr. Beck has proposed an approximately five-minute fireworks show to be shot in his wife’s honor from Petersen Park Beach at approximately 8pm. BACKGROUND: As City Council is aware, Mr. Beck has had conversations with staff regarding a private fireworks display at the Petersen Park Beach in remembrance of his wife who recently passed away. Mr. Beck was informed that the City of McHenry has never issued a permit for a private fireworks display and that he could appeal directly to City Council in a public input portion of a City Council meeting. Mr. Beck did exactly that and feedback provided from Council was for staff to investigate further and bring the matter formally before them for action. Mr. Beck will be hosting the gathering for family and friends at 4424 Lakewood Road on Saturday, May 4, 2024. The fireworks display would be set up and shot from the Petersen Park Beachfront at approximately 8pm. Mr. Beck said the show should only last approximately 5 minutes. Mr. Beck has completed the attached Parks Special Use Application to reserve the park. Although the gathering will not be in the park, the park would be closed to the public to provide the safest possible condition and to minimize staff costs to protect the shooting site. The standard park reservation fee of $55 would be charged with the reservation. Along with the Parks fee, there are also Police and Fire fees that Mr. Beck would be responsible for. During fireworks displays, police are assigned to secure the area and ensure the public remains at a safe distance. Mr. Beck was advised that there will be a cost of $55/hour for an officer, as well as a one-time equipment use fee of $150, with total charges of $370. Additionally, the Fire District reviews the submitted fireworks application and has an engine on scene with a 3-man crew for the actual shooting of the show. These charges total $285. The estimated total 213 cost that the applicant would be responsible for is estimated at $710. Mr. Beck has been made aware of these costs and has opted to move forward with his request. ANALYSIS: The private reservation of the park is a key component for safety of the show. The park gates will be closed, and the site secured when the fireworks arrive on scene. Being early May and in the evening, this will not impact any revenue that could be realized from the public beach, which will not be open for the season. The Police and Fire presence also provide the safest possible pre-planning and on-site scene. Parks staff spoke with the Police Chief who coordinated with the Fire District. Mr. Beck has agreed to reimburse the City and the Fire District for all associated costs incurred with the private fireworks display. Finally, Mr. Beck has spoke with his neighbors and faced no objections. As a result of these conversations, the Lakewood Homeowners Association will be listed as the sponsoring organization for the Fireworks Display Application. Mr. Beck has met all of the parameters requested of him in conjunction with the private fireworks display request. If City Council concurs, then a motion should be considered to allow the reservation of the Petersen Park Beachfront on May 4, 2024 to allow for the accommodation of a private fireworks display, contingent upon the submittal and approval of the Fireworks Display Application by the Fire District and the City of McHenry Police Department. 214 cHenry Recreation Center Facility Rental & Special Use Permit Application Application Date: Rental Date: _Rental Time (include set-up/clean-up): Name of Applicant: i Date of Birth: Group/Organization (ifap/plic`ab]lle): L-ARr 000G e aY a h prs SSeriC /c' i d Address: City/State/Zi G L i I(' -- 600-5o Cell Phone '?' Personal Email: - Event Title/Activity:r P(1rQ.. on 'g .. Attendance: SHELTER/ SAFETY TOWN: (daily rate) Knox A Petersen A Petersen C Safety Town Knox B Petersen B Veterans Other WEDDING: Rails removed at Veterans Memorial Park ($2S fee) MCHENRY RECREATION CENTER / LAKELAND PARK COMMUNITY CENTER: (hourly rate) W k MRC ROOM: Kitchen ($35 fee) Room A Room B Room C Studio LPCC: Lakeland Park Community Center (max 24) SET- UP: Banquet Board Room Classroom Theater TABLES/ CHAIRS: # Round # Rect # Chairs BEER/ WINE: (at least 4 weeks notice needed) - No other alcohol allowed Al IA - TYPE: Wine # Bottles Beer # Cases s / SPECIAL USE: (at least 4 weeks notice needed) Equipment provided by renter nn,^, El Tent Location: Et'r ' `rT 0&1 J'rlC- Bounce House * Applicant to call JULIE (1-800-892-0123) for staking of Tents/Bounce Houses Tables Band/ DJ Carnival Rides Animals Chairs Wedding Arch Performer Catered Pig Roast Other OTHER: Groups over S00 must o tain: Dumpsterss Portable oilets /V DAMAGE DEP: Credit Card Number: Q`d( / ) 'C- efGT'p Expiration:_CV Signature: / 4- -.._.— Date: /r$ vI-T Approval will be based on the items listed above. Any other requests are subject to further approval. If applicable, health permits are required by law for concessions and catering. Please make arrangements to obtain permits. McHenry County Department of Health: 815-334-4585 I agree all alcohol containers will be removed by applicant or placed in proper containers on site on the rental date and that no underage or intoxicated person will be allowed to consume any alcohol brought into City of McHenry property under this permit. I agree that none of the alcohol allowed in City of McHenry property, pursuant to this application will be sold, it being understood that the sale of alcohol under this permit issued pursuant to this application is expressly prohibited. I also understand that not complying with the rules will result in loss of deposit. I agree to hold the City of McHenry, its employees and agents harmless, and indemnify same from any and all liability of injury to person or property occurring as a result of the activity sponsored by permittee and said person shall be liable to the City of McHenry for any and all damage to parks, recreation facilities and equipment owned by same, which results from or during the activity of permittee or is caused by participant in said activity. All persons agree to comply with the City of McHenry Municipal Code and all Parks & Recreation regulations. I have read and fully understand the McHenry Recreation Center Rental and/or Shelter Guidelines. Signature: Date: 215 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FOR: March 18, 2024 City Council meeting FROM: Cody Sheriff, City Planner RE: Ordinance Authorizing the Mayors Execution of a Development Agreement with Taylor Place Apartments – McHenry LLC for the Taylor Place Apartments Multifamily Development ATT: Ordinance Authorizing The Mayor’s Execution Of A Development Agreement with Taylor Place Apartments – McHenry LLC for the Taylor Place Apartments Multifamily Development. AGENDA ITEM SUMMARY: The petitioner, Taylor Place Apartments – McHenry, LLC, is requesting approval of a development agreement for a performance-based reduction in fees based on actual water usage to accommodate the construction of the approved 50-unit Taylor Place Apartments Multifamily Planned Unit Development. The requested reduction in fees is the same as the agreements approved by the City Council for the 540-unit Residences of Fox Meadows development, as well as the 288-unit Authentix McHenry development. Building plans have been submitted and are currently under review. The developer desires to begin construction in the spring of this year. BACKGROUND: As the Council may recall, the project involves construction of a 4-unit townhome building, a 46- unit apartment building, and the preservation and adaptive reuse of the existing historic Mill Building as a Community Center at 812 Mill Street. The project is part of a 3-year collaborative effort between McHenry County, the City of McHenry, and the petitioners, who are receiving a cumulative total of $24 million in state, county and local aid to provide income-assisted housing in McHenry County. 216 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 1 ANALYSIS: Under the City’s current adopted fee schedule, the developer would pay $289,758 in combined water and sewer capital development impact fees. The developer provided the City with comparable water usage data from a similar development that was then analyzed by the City’s engineer using the City’s Water/Sewer model. As a result of this analysis, staff recommends fees that are consistent with those that were offered to both Authentix and the Residences of Fox Meadows as the standard floor rate, which would total $130,825.10 for this development. The development agreement also includes provisions that provide the City a safety net should the developer exceed the maximum water-usage levels. If the City Council agrees with Staff’s assessment, then it is recommended that the attached Ordinance Authorizing the Mayor’s Execution of a Development Agreement with Taylor Place Apartments – McHenry LLC for the Taylor Place Apartments Multifamily Development be approved (City Council Vote – Simple Majority) 217 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 2 ORDINANCE NO 24- ORDINANCE AUTHORIZING THE MAYOR’S EXECUTION OF A DEVELOPMENT AGREEMENT WITH TAYLOR PLACE APARTMENTS – MCHENRY LLC FOR THE TAYLOR PLACE APARTMENTS MULTIFAMILY DEVELOPMENT WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Taylor Place Apartments McHenry Development Agreement between the City of McHenry and Taylor Place Apartments – McHenry, LLC, dated March 18th, 2024 is attached to this ordinance and incorporated herein by reference as Exhibit “A”. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of March, 2024. Ayes Nays Absent Abstain Alderwoman Bassi _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Koch _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ 218 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 3 ______________________ ________________________ Wayne Jett, Mayor Trisha Ramel, City Clerk 219 Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 4 EXHIBIT A Taylor Place Apartments McHenry Development Agreement dated March 18, 2024 220 1 TAYLOR PLACE APARTMENTS MCHENRY DEVELOPMENT AGREEMENT This TAYLOR PLACE APARTMENTS DEVELOPMENT AGREEMENT (“Agreement”) made and entered into this, (“Effective Date”) by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and Taylor Place Apartments – McHenry, LLC a Wisconsin limited liability company (“Property Owner”). RECITALS A. Taylor Place Apartments – McHenry, LLC., is the owner of the property, specifically parcel identification numbers 09-27-480-001, 09-27-480-005, 09-27-480-006, and 09-34-228-002 in McHenry, IL and further identified in EXHIBIT A consisting of approximately 2.91 acres and is attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "Subject Property" conditioned upon securing certain approvals from the CITY. B. The Subject Property is currently zoned RM-2 High-Density Multifamily Residential District with a Planned Unit Development (PUD), pursuant to the City’s Zoning Ordinance. NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and the Property Owner hereby agree as follows: 1. Incorporation of Recitals. The foregoing recitals and all exhibits attached hereto shall be and are hereby incorporated in this Paragraph I as if said recitals and exhibits were fully set forth herein. 2. Construction of Multi-Family Dwelling Units. The Property Owner shall have the right to construct up to fifty (50) Multi-Family Dwelling Units upon the Subject Property, including a clubhouse and related amenities (“Improvements”) in substantial conformance with the plans and specifications identified on EXHIBIT B (collectively the “Plans”). Any change or modification of the Improvements shown on Exhibit B that are determined “Major” shall only be approved by amendment of this Agreement. Major modifications of the Improvements shall be determined by the City Administrator and include but not limited to the following: changes in the following of greater than 10%: floor space, lot coverage, height, setbacks, open space; changes in the location of buildings, open space, plantings, parking, uses, density, and circulation system. Any changes not deemed Major shall be considered minor and may be administratively approved by the City Administrator. The Property Owner may appeal the City Administrator’s designation of any change or modification as minor or major to the City Council, whose decision on the matter shall be considered final. 3. Infrastructure. The Property Owner shall make the following off-site improvements: This space reserved for Recorder’s use only. 221 2 a. Curbs. Curb removal and replacement and/or curb cuts as required by the City Engineer to accommodate its driveway configuration as provided on Exhibit B titled “Site Plan”. b. Off-site Road Improvements. None. c. Water services. Extension of the existing City potable water main to service the Subject Property. Each of the building Improvements shall be separately connected with service lines to the City potable water main. These water services, to the maximum extent practical and if installed on the far side from the water main shall be installed by directional drilling, to avoid cuts in the finished pavement. d. Sanitary sewer. Extension of the existing City sanitary sewer main to service the Subject Property. e. Public sidewalks. Installation of public sidewalks, if required by City Council, adjacent to the Subject Property and along the north side of Mill Street that extends east by approximately 200 feet, more or less, to connect with the Prairie Path. Property Owner shall obtain all necessary easements to permit said public sidewalk installation and connection with the Prairie Path. 4. Capacity to Serve. The CITY acknowledges that there is currently sanitary sewer treatment plant capacity and potable water supply available to serve the Dwelling Units. Water and sanitary treatment plant and main capacity are reserved for the term of this agreement and will be made available to the Subject Property. 5. Recapture Agreements. The CITY acknowledges that the Subject Property is not subject to any existing recapture agreement and that any recaptures affecting the Subject Property have been fully satisfied. 6. Temporary Signage. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of two (2) temporary advertising signs. The signs may be two-sided or v-shaped, a maximum of sixty-four (64) square feet in area, eight (8) feet in height and set back a minimum of ten (10) feet from the property line. If additional signage, specific locations, or other specific parameters are provided by the Illinois Housing Development Authority (IHDA), The Property Owner shall have the right to comply with the sole approval of City Administration. The signs shall be removed at the later of IHDA required timeframe or when the Property Owner has received its final certificate of occupancy. 7. Construction and Leasing Trailers. a. Leasing Trailer. The Property Owner shall be permitted, at the the Property Owner’s sole risk, to construct, maintain and occupy a Leasing Trailer and to construct and maintain other appurtenant facilities for said Leasing Trailer, the Property Owner shall have the right to use said Leasing Trailer for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the leasing of Dwelling Units on the Subject Property. The Property Owner may construct temporary parking facilities subject to the approval of the CITY and compliance with all applicable codes of the CITY. Upon issuance of the certificate of occupancy for the clubhouse, the Leasing Trailer shall be removed. b. Construction Trailer. Construction trailer(s) used to build Dwelling Units shall be allowed, at locations to be approved by the CITY. Upon the issuance of 100% of the certificates of occupancy for the Dwelling Units the construction trailer(s) shall be removed. 8. Fees. The Property Owner and the CITY hereby agree that the Property Owner shall only be 222 3 obligated to pay to the CITY the fees as enumerated on EXHIBIT C attached hereto and incorporated by this reference with the following exception. a. The Property Owner has represented that the proposed 50 dwelling units will have an average daily water use of 4,533 gallons per day. The Combined Water and Sewer Capital Development Fees in EXHIBIT C have been reduced based the representation made by the Property Owner. If during the term of this agreement, the actual water use is determined by the City Administrator to increase by more than 5% from the 4,533 gallons per day, the Property Owner shall pay the CITY an increased combined Water and Sewer Capital Development Fee based on the following formula: Revised Fee = (Actual Water Use/4,533) x EXHIBIT C fee. The average daily water use shall be based on a 12-month rolling average. The CITY will have the right to add the increased fee to the bi-monthly water bill and will reserve the right to shut off water service for non-payment. 9. Binding Effect and Term. The Property Owner agrees that the provisions of this Agreement shall run with the Subject Property. The Property Owner and CITY agree that this Agreement shall be binding upon and inure to the benefit of the parties hereto, their grantees, successor owners of record and their heirs, assigns, and lessees, of all or part of the Subject Property, and whether or not such grantees, successor owners of record, heirs, assigns or lessees choose to accept the rights and obligations of this Agreement, and upon successor municipal authorities of the CITY and successor municipalities for a period of five (5) years from the date of execution hereof.. 10. Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. 11. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be in default specifying the nature of said default, and thirty (30) days elapses from the receipt of said default notice without the default being cured. Notice shall be in writing and delivered via certified mail, addressed as follows: If to CITY: City of McHenry Attn: City Administrator 333 S. Green Street McHenry, IL 60050 If to Property Owner: Northpointe Development II Corporation Attn: Jake Victor 230 Ohio Street, Suite 200 Oshkosh, WI 54902 Housing Opportunity Development Corporation Attn: Richard Koenig 5340 Lincoln Ave Skokie, IL 60077 12. Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions as amended from time to time or modified per the PUD approval shall apply 223 4 to the Subject Property, Property Owner and all successors and assigns in title. To the extent that the CITY ordinances and design requirements conflict with the improvements described in the Plans, the Plans shall be considered to control and supersede and supplant all ordinances and codes of the CITY which might conflict with the Plans. 13. All disputes related to this Agreement shall be litigated exclusively in the 22nd Judicial Circuit Court, McHenry, Illinois; Illinois law shall apply and the prevailing party to any such litigation shall be entitled to recover, in addition to costs otherwise recoverable, its reasonable attorney fees. (Balance of this page intentionally left blank.) 224 5 IN WITNESS WHEROF, the parties hereto have executed this Agreement as of the date indicated above. Property Owner: TAYLOR PLACE APARTMENTS – MCHENRY, LLC, a Wisconsin limited liability company By: Taylor Place Apartments – McHenry MM, LLC, a Wisconsin limited liability company, its Managing Member By: Northpointe Development II Corporation, a Wisconsin corporation, its Member By:_______________________ Name: Callan L. Schultz Its: President Date:______________________ Agreement executed by Buyer this ___ day of ________, 2024. STATE OF WISCONSIN ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2024, by Callan L. Schultz, President of Northpointe Development II Corporation Witness my hand and official seal: NOTARY SEAL ____________________________________ Notary Public My commission expires: ________________ 225 6 CITY: CITY OF MCHENRY, ILLINOIS By: ____________________________ Name: _________________________ Title: __________________________ and By: ____________________________ Name: _________________________ Title: __________________________ STATE OF ILLINOIS ) ) ss: COUNTY OF MCHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that _________________ and _______________, personally known to me to be the City Mayor and _____________________ respectively, of the CITY OF MCHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing Development Agreement, appeared before me this day in person and severally acknowledged that they signed and delivered said Development Agreement as such Mayor and ________________ of said City, as their free and voluntary acct, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. Given under my hand and official seal, this ______ day of ______________, 2024. NOTARY SEAL ____________________________________ Notary Public My commission expires: ________________ Z:\M\McHenryCityof\DevAgmtTayorPlaceApt050422.docx 226 7 TABLE OF EXHIBITS EXHIBIT A Parcel Identification Number Map EXHIBIT B Approved Site Plan EXHIBIT C Fee Schedule 227 STATE OF ILLINOIS ) ) COUNTY OF MCHENRY ) C E R T I F I C A T I O N I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy City Clerk of the City of McHenry, McHenry County, Illinois, and that as such City Clerk, I am the keeper of the records of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the _____ day of _____________, 2024, an agreement was approved between the City of McHenry and ____________________ for the Taylor Place Apartment Development. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this ____ day of _________, 2024. ____________________________ Monte Johnson, Deputy City Clerk City of McHenry, McHenry County, Illinois 228 EXHIBIT A Parcel Identification Number Map 229 230 EXHIBIT B Approved Site Plan Site Plan dated December 19, 2023 Landscape Plan dated November 10, 2021 231 232 C100 C-100 233 EXHIBIT C Fee Schedule Fee Calculation Sum School Impact Fees 1BR $0 * (22) 1BR Homes· $0.00 2BR $718.00 * (11) 2BR Homes $7,898.00 3BR $1,961.00 * (17) 3BR Homes $33,337.00 Total $41,235.00 Park Impact Fees 1BR $2,110.00 * (22) 1BR Homes $46,420.00 2BR $2,297.00 * (11) 2 BR Homes $25,267.00 3BR $3,664.00 * (17) 3 BR Homes $62,288.00 Total $133,975.00 Library $356.00 * (50) homes $17,800.00 Fire $356.00 * (50) homes $17,800.00 Combined Water and Sanitary Capital Development Fees 1BR $1,848.71 * (22) 1BR Homes $40,671.62 2BR $2,715.62 * (11) 2BR Homes $29,871.82 3BR $3,545.98 * (17) 3BR Homes $60,281.66 Total $130,825.10 Units Projected Daily Water Use* Total Project Daily Water Usage Studio 0 56 0 1-Bedroom 22 64 1408 2-Bedroom 11 94 1034 3+ Bedroom 17 123 2091 4533 *Projected Daily Water Use referenced from Staff Engineer Memorandum dated 1- 15-21 234 OTHER FEES BLDG. FEE PLMB. INS FEE WATER CONN. SEWER CONN. 0.25 / SF $84.00* $250.00 $250.00 *$84.00 – fee per unit, plus $28.00 per building Water Meter Fees ¾’’ $225.00 2’’ $2,050.00 1’’ $325.00 3’’ $2,500.00 1 ½’’ $600.00 4’’ $3,700.00 6’’ $5,100.00 235 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: March 18, 2024 Regular City Council Meeting RE: Purchase of a Body Worn Camera / In-Squad Camera System ATT: Axon purchasing quote/pricing document and master services & purchasing agreement Agenda Item Summary: The State of Illinois, in 50 ILCS 706/10-1 et seq., has required all law enforcement agencies to implement the use of body worn cameras (BWC) within prescribed timelines based on municipal population. The City of McHenry is required to implement this program by January 1, 2025. Staff is seeking Council approval to enter an agreement with Axon, Inc. for the purchase of body worn cameras, in-squad cameras and all related software and support. Staff is present to answer any questions Council may have. Background: Subject to the provision set forth in the Illinois Law Enforcement Officer-Worn Body Camera Act (50 ILCS 706/10-1), all municipalities and counties under a population of 50,000 shall implement the full use of body worn cameras by January 1, 2025. This requirement is mandatory. Over the last several years, Staff has been preparing for this mandate by evaluating the different BWC products available, along with the different types of functionality and options. In the fall of 2022, staff met with six (6) BWC vendors at the International Association of Chiefs of Police Training Conference. Products were reviewed and questions were asked of all six vendors related to their hardware, software, functionality, support, and pricing. In FY 23/24, staff established a BWC Committee to formally review body worn camera products and recommend a purchase. The committee was comprised of members representing the police administration, patrol officers, IT staff, policy development staff and the current bargaining unit representing all police officers. The information gathered in the fall of 2022 was reviewed by the BWC Committee. Through the review process the committee first narrowed down the vendors to three options: Panasonic, Utility, Inc., and Axon, Inc. Key categories utilized in narrowing down the vendors included storage capabilities, in-squad camera partnering capabilities, redaction and evidence security capabilities, camera quality/performance, customer support and agency reviews. The committee then further narrowed down the vendors by adding automated license plate recognition (LPR) capabilities as a requirement. In the fall of 2023, the committee formally recommended the Police Department participate in trials with two vendors: Utility, Inc. and Axon, Inc. 236 Analysis: Body Worn Cameras Patrol Officers of the Police Department field tested BWCs by the two selected vendors, Utility, Inc. and Axon, Inc., for approximately thirty (30) calendar days each. The products were used and evaluated by officers during actual police calls for service, and the backend platforms were then evaluated for cataloging, storage, and retrieval. Staff who are responsible for reviewing, redacting, copying, and transmitting video evidence also evaluated the programs. The officers were asked to evaluate and provide feedback on each BWC product based on Ease of Use, Features, Video Quality, Audio Quality, and Battery Life. Below is a chart showing the average of their evaluations, with 1 being the worst and 5 being the best: Utility, Inc. Axon, Inc. Ease of Use 3.67 5 Features 3.33 4.33 Video Quality 3.33 4.67 Audio Quality 2.33 4.33 Battery Life 1.67 4.67 They were also asked to evaluate and provide feedback on each of the backend platforms based on Ease of Use and Features. Below is a chart showing the average of their evaluations, with 1 being the worst and 5 being the best: Utility, Inc. Axon, Inc. Ease of Use 3 4.67 Features 3.67 4.67 In-Squad Video Systems As noted earlier, staff identified a partnering feature for in-squad cameras as a primary requirement. The City’s current in-squad cameras are at end of life (no longer being made or under warranty), and any new in-squad camera being utilized would need to partner with the body camera assigned to the officer driving the car. Although we were not able to field test the in-squad cameras during the demo phase, the committee did see demonstrations with vendor vehicles and confirm that each vendor’s service, maintenance and storage of in-squad recordings would be the same as the body worn recordings. Furthermore, both vendors offered comparable triggers for how the in-squad cameras are activated. Common triggers between the vendors include the activation of emergency lights, squads reaching certain speeds, squads involved in crashes, gun racks unlocked, and rear doors opening (prisoner transport). A complete review of both Utility Inc. and Axon Inc. by the BWC committee resulted in a unanimous recommendation to move forward with the purchase of Axon equipment. After receiving this recommendation, Staff checked local references for Axon. Both the McHenry County Sheriff’s Office and Crystal Lake Police Department (who have utilized Axon for multiple years) expressed satisfaction with the hardware, reliability, functionality, and service. Competitive Pricing Staff sought competitive pricing for Axon through Sourcewell’s Cooperative Purchasing Program under active Sourcewell contract #101223-AXN. The City of McHenry has been an approved customer of 237 Sourcewell (ID #86928) since 2013. Axon provided pricing spread out over a five (5) year period with 0% interest. The below chart represents the cost to the City over five years. Year one (1) of the agreement includes the up-front cost of the hardware plus maintenance and storage, while the subsequent years are maintenance and storage only. As noted below, this pricing also includes replacement of the BWC equipment twice during the five-year term of the agreement. Axon, Inc. Year 1 $265,768.12 Year 2 135,755.69 Year 3 135,755.69 Year 4 135,755.69 Year 5 135,755.69 TOTAL $808,790.88 Taking into consideration all information as outlined in this supplement, Axon’s video system is the best fit for the McHenry Police Department’s needs. Axon boasts a 70% market share with their product (BWC) nation-wide, a 99.8% client retention rate, and a product failure rate of less than 1%. Axon, Inc. is a responsive and responsible company. Further, we surveyed several area police departments that deploy Axon’s BWCs and/or in-squad systems. Nearly all expressed their satisfaction with Axon’s hardware, reliability, functionality, and customer service. The warranties for Axon BWCs and in-squad video systems will be valid for the entire five-year agreement. Additionally, with Axon’s Technology Assurance Plan (TAP), the BWCs and BWC docking stations will be replaced twice during the term of the agreement: First, at the 30-month mark, and second, at the end of five-year agreement. Even if the City decides not to renew the agreement with Axon, the BWCs and docking stations received at the end of the original five-year agreement will be under warranty for an additional year. City legal counsel has reviewed the Sourcewell bid documents for Sourcewell Contract #101223-AXN and confirmed that all Illinois statutory bid requirements were met. Legal counsel also conducted a full review of the Axon purchasing quote/pricing document and master services & purchasing agreement, both of which were approved for Council consideration. Grant Note: If approved by Council, Staff will seek partial grant reimbursement through the Illinois Law Enforcement Trainings and Standards Board (ILETSB). The police department will be eligible for equipment reimbursement in FY 24/25 between $91,695 and $118,805, plus an annual storage reimbursement of $23,761. Recommendation: Staff requests City Council authorization allowing the Mayor to execute a five-year agreement with Axon Inc. for the purchase and use of body-worn and in-squad cameras, for an amount not to exceed $808,790.88 over a five-year period, with the first payment being on or after May 1, 2024. 238 Page 1 Q-506438-45345.536DA Q-506438-45345.536DA Issued: 02/23/2024 Quote Expiration: 03/29/2024 Estimated Contract Start Date: 06/01/2024 Account Number: 116358 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT McHenry Police Dept. - IL 333 S Green St McHenry, IL 60050-5494 USA McHenry Police Dept. - IL 333 S Green St McHenry IL 60050-5494 USA Email: David Arth Phone: Email: darth@axon.com Fax: John Birk Phone: 815-363-5012 Email: jbirk@ci.mchenry.il.us Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $44,609.52 TOTAL COST $808,790.88 ESTIMATED TOTAL W/ TAX $808,790.88 TOTAL SAVINGS $223,047.59 Payment Summary Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 239 Page 2 Q-506438-45345.536DA Date Subtotal Tax Total May 2024 $265,768.12 $0.00 $265,768.12 May 2025 $135,755.69 $0.00 $135,755.69 May 2026 $135,755.69 $0.00 $135,755.69 May 2027 $135,755.69 $0.00 $135,755.69 May 2028 $135,755.69 $0.00 $135,755.69 Total $808,790.88 $0.00 $808,790.88 240 Page 3 Q-506438-45345.536DA Quote List Price:$1,031,838.47 Quote Subtotal:$808,790.88 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Term Qty List Price Net Price Subtotal Tax Total Fleet 3 Advanced 72034 AXON FLEET 3 - SIM INSERTION - VZW 19 $15.00 $12.27 $233.13 $0.00 $233.13 71200 AXON FLEET - AIRGAIN ANT - 5-IN-1 2LTE 2WIFI 1GNSS BL 19 $249.00 $203.74 $3,871.06 $0.00 $3,871.06 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 49m 19 $487.55 $398.92 $7,579.48 $0.00 $7,579.48 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 49m 19 $65.17 $53.32 $1,013.08 $0.00 $1,013.08 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 60m 19 $3,996.60 $3,270.08 $62,131.52 $0.00 $62,131.52 70112 AXON SIGNAL - SIGNAL UNIT 19 $279.00 $228.28 $4,337.32 $0.00 $4,337.32 80402 AXON RESPOND - LICENSE - FLEET 3 60m 19 $1,015.20 $830.65 $15,782.35 $0.00 $15,782.35 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 60m 19 $1,354.20 $1,108.03 $21,052.57 $0.00 $21,052.57 11634 AXON FLEET - CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 19 $1,449.00 $1,185.59 $22,526.21 $0.00 $22,526.21 73391 AXON FLEET 3 - DEPLOYMENT (PER VEHICLE)19 $1,700.00 $1,390.96 $26,428.24 $0.00 $26,428.24 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 60m 38 $1,152.00 $942.58 $35,818.04 $0.00 $35,818.04 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 19 $2,695.00 $2,205.09 $41,896.71 $0.00 $41,896.71 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 19 $3,058.00 $2,502.10 $47,539.90 $0.00 $47,539.90 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 58 $0.00 $0.00 $0.00 $0.00 $0.00 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 1 $0.00 $0.00 $0.00 $0.00 $0.00 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 58 $0.00 $0.00 $0.00 $0.00 $0.00 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 52 $849.00 $849.00 $44,148.00 $0.00 $44,148.00 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 $0.00 $0.00 $0.00 $0.00 $0.00 100206 AXON BODY 4 - DOCK - EIGHT BAY 7 $1,595.00 $1,595.00 $11,165.00 $0.00 $11,165.00 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 $43.90 $43.90 $307.30 $0.00 $307.30 AB4 1-Bay Dock Bundle 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 4 $0.00 $0.00 $0.00 $0.00 $0.00 100201 AXON BODY 4 - DOCK - SINGLE BAY 4 $229.00 $229.00 $916.00 $0.00 $916.00 Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 60m 42 $0.00 $0.00 $0.00 $0.00 $0.00 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 60m 42 $976.20 $975.00 $40,950.00 $0.00 $40,950.00 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 60m 51 $0.00 $0.00 $0.00 $0.00 $0.00 73746 AXON EVIDENCE - ECOM LICENSE - PRO 60m 17 $2,604.00 $2,599.80 $44,196.60 $0.00 $44,196.60 Body Worn Camera Multi-Bay Dock TAP Bundle 241 Page 4 Q-506438-45345.536DA Item Description Term Qty List Price Net Price Subtotal Tax Total 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 49m 7 $849.17 $419.28 $2,934.96 $0.00 $2,934.96 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 $1,724.00 $851.23 $5,958.61 $0.00 $5,958.61 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 $1,810.00 $893.69 $6,255.83 $0.00 $6,255.83 Body Worn Camera Single-Bay Dock TAP Bundle 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 49m 4 $223.44 $227.28 $909.12 $0.00 $909.12 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 4 $248.00 $252.26 $1,009.04 $0.00 $1,009.04 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 4 $260.00 $264.46 $1,057.84 $0.00 $1,057.84 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 53 $963.00 $0.00 $0.00 $0.00 $0.00 73309 AXON BODY - TAP REFRESH 1 - CAMERA 53 $918.00 $13.30 $704.90 $0.00 $704.90 80464 AXON BODY - TAP WARRANTY - CAMERA 49m 1 $539.98 $443.79 $443.79 $0.00 $443.79 80464 AXON BODY - TAP WARRANTY - CAMERA 49m 52 $539.98 $443.79 $23,077.08 $0.00 $23,077.08 Individual Items 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 52 $39.00 $0.00 $0.00 $0.00 $0.00 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $3,000.00 $0.00 $0.00 $0.00 $0.00 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 60m 52 $651.00 $0.00 $0.00 $0.00 $0.00 85144 AXON BODY - PSO - STARTER 1 $13,000.00 $13,000.00 $13,000.00 $0.00 $13,000.00 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 60m 52 $651.00 $651.00 $33,852.00 $0.00 $33,852.00 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 60m 52 $651.00 $651.00 $33,852.00 $0.00 $33,852.00 73680 AXON RESPOND PLUS - LICENSE 60m 52 $1,288.80 $1,288.80 $67,017.60 $0.00 $67,017.60 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)60m 52 $1,627.20 $1,627.20 $84,614.40 $0.00 $84,614.40 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 60m 52 $1,965.60 $1,965.60 $102,211.20 $0.00 $102,211.20 Total $808,790.88 $0.00 $808,790.88 242 Page 5 Q-506438-45345.536DA Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date AB4 1-Bay Dock Bundle 100201 AXON BODY 4 - DOCK - SINGLE BAY 4 05/01/2024 AB4 1-Bay Dock Bundle 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 4 05/01/2024 AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 52 05/01/2024 AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 1 05/01/2024 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 58 05/01/2024 AB4 Camera Bundle 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 58 05/01/2024 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - DOCK - EIGHT BAY 7 05/01/2024 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 05/01/2024 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 05/01/2024 Fleet 3 Advanced 11634 AXON FLEET - CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 19 05/01/2024 Fleet 3 Advanced 70112 AXON SIGNAL - SIGNAL UNIT 19 05/01/2024 Fleet 3 Advanced 71200 AXON FLEET - AIRGAIN ANT - 5-IN-1 2LTE 2WIFI 1GNSS BL 19 05/01/2024 Fleet 3 Advanced 72034 AXON FLEET 3 - SIM INSERTION - VZW 19 05/01/2024 Fleet 3 Advanced 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 19 05/01/2024 A la Carte 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 52 05/01/2024 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 11/01/2026 Body Worn Camera Single-Bay Dock TAP Bundle 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 4 11/01/2026 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 53 11/01/2026 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 05/01/2029 Body Worn Camera Single-Bay Dock TAP Bundle 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 4 05/01/2029 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 53 05/01/2029 Fleet 3 Advanced 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 19 05/01/2029 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 42 05/31/2029 06/01/2024 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 42 05/31/2029 06/01/2024 Fleet 3 Advanced 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 05/31/2029 06/01/2024 Fleet 3 Advanced 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 05/31/2029 06/01/2024 Fleet 3 Advanced 80402 AXON RESPOND - LICENSE - FLEET 3 19 05/31/2029 06/01/2024 Fleet 3 Advanced 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 05/31/2029 06/01/2024 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 51 05/31/2029 06/01/2024 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 17 05/31/2029 06/01/2024 A la Carte 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 52 05/31/2029 06/01/2024 A la Carte 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 52 05/31/2029 06/01/2024 A la Carte 73680 AXON RESPOND PLUS - LICENSE 52 05/31/2029 06/01/2024 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 52 05/31/2029 06/01/2024 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)52 05/31/2029 06/01/2024 243 Page 6 Q-506438-45345.536DA Services Bundle Item Description QTY Fleet 3 Advanced 73391 AXON FLEET 3 - DEPLOYMENT (PER VEHICLE)19 A la Carte 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 A la Carte 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 52 A la Carte 85144 AXON BODY - PSO - STARTER 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 7 05/31/2029 05/01/2025 Body Worn Camera Single-Bay Dock TAP Bundle 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 4 05/31/2029 05/01/2025 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 52 05/31/2029 05/01/2025 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 1 05/31/2029 05/01/2025 Fleet 3 Advanced 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 05/31/2029 05/01/2025 Fleet 3 Advanced 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 05/31/2029 05/01/2025 May 2024 Invoice Plan Item Description Qty Subtotal Tax Total Upfront HW 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 1 $0.00 $0.00 $0.00 Upfront HW 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 52 $44,148.00 $0.00 $44,148.00 Upfront HW 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 58 $0.00 $0.00 $0.00 Upfront HW 11634 AXON FLEET - CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 19 $22,526.21 $0.00 $22,526.21 Upfront HW 70112 AXON SIGNAL - SIGNAL UNIT 19 $4,337.32 $0.00 $4,337.32 Upfront HW 71200 AXON FLEET - AIRGAIN ANT - 5-IN-1 2LTE 2WIFI 1GNSS BL 19 $3,871.06 $0.00 $3,871.06 Upfront HW 72034 AXON FLEET 3 - SIM INSERTION - VZW 19 $233.13 $0.00 $233.13 Upfront HW 72036 AXON FLEET 3 - STANDARD 2 CAMERA KIT 19 $41,896.71 $0.00 $41,896.71 Upfront HW 74020 AXON BODY - MOUNT - MAGNET FLEXIBLE RAPIDLOCK 58 $0.00 $0.00 $0.00 Upfront HW 85144 AXON BODY - PSO - STARTER 1 $13,000.00 $0.00 $13,000.00 Year 1 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 1 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 52 $20,442.23 $0.00 $20,442.23 Year 1 100201 AXON BODY 4 - DOCK - SINGLE BAY 4 $183.20 $0.00 $183.20 Year 1 100206 AXON BODY 4 - DOCK - EIGHT BAY 7 $2,233.00 $0.00 $2,233.00 Year 1 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 52 $0.00 $0.00 $0.00 Year 1 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 52 $0.00 $0.00 $0.00 Year 1 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 $61.46 $0.00 $61.46 Year 1 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 $0.00 $0.00 $0.00 Year 1 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 4 $0.00 $0.00 $0.00 Year 1 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 19 $9,507.98 $0.00 $9,507.98 Year 1 73309 AXON BODY - TAP REFRESH 1 - CAMERA 53 $140.98 $0.00 $140.98 Year 1 73310 AXON BODY - TAP REFRESH 2 - CAMERA 53 $0.00 $0.00 $0.00 Year 1 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 4 $201.81 $0.00 $201.81 Year 1 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 4 $211.57 $0.00 $211.57 Year 1 73391 AXON FLEET 3 - DEPLOYMENT (PER VEHICLE)19 $5,285.65 $0.00 $5,285.65 Year 1 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 1 73680 AXON RESPOND PLUS - LICENSE 52 $13,403.52 $0.00 $13,403.52 Year 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 52 $6,770.40 $0.00 $6,770.40 244 Page 7 Q-506438-45345.536DA May 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 51 $0.00 $0.00 $0.00 Year 1 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 42 $0.00 $0.00 $0.00 Year 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)52 $16,922.88 $0.00 $16,922.88 Year 1 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 $1,251.17 $0.00 $1,251.17 Year 1 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 $1,191.72 $0.00 $1,191.72 Year 1 73746 AXON EVIDENCE - ECOM LICENSE - PRO 17 $8,839.32 $0.00 $8,839.32 Year 1 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 42 $8,190.00 $0.00 $8,190.00 Year 1 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 $202.62 $0.00 $202.62 Year 1 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 $4,210.51 $0.00 $4,210.51 Year 1 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $12,426.30 $0.00 $12,426.30 Year 1 80402 AXON RESPOND - LICENSE - FLEET 3 19 $3,156.47 $0.00 $3,156.47 Year 1 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 $7,163.61 $0.00 $7,163.61 Year 1 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $88.76 $0.00 $88.76 Year 1 80464 AXON BODY - TAP WARRANTY - CAMERA 52 $4,615.42 $0.00 $4,615.42 Year 1 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 7 $586.99 $0.00 $586.99 Year 1 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 4 $181.82 $0.00 $181.82 Year 1 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 $1,515.90 $0.00 $1,515.90 Total $265,768.12 $0.00 $265,768.12 May 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 2 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 52 $20,442.23 $0.00 $20,442.23 Year 2 100201 AXON BODY 4 - DOCK - SINGLE BAY 4 $183.20 $0.00 $183.20 Year 2 100206 AXON BODY 4 - DOCK - EIGHT BAY 7 $2,233.00 $0.00 $2,233.00 Year 2 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 52 $0.00 $0.00 $0.00 Year 2 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 52 $0.00 $0.00 $0.00 Year 2 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 $61.46 $0.00 $61.46 Year 2 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 $0.00 $0.00 $0.00 Year 2 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 4 $0.00 $0.00 $0.00 Year 2 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 19 $9,507.98 $0.00 $9,507.98 Year 2 73309 AXON BODY - TAP REFRESH 1 - CAMERA 53 $140.98 $0.00 $140.98 Year 2 73310 AXON BODY - TAP REFRESH 2 - CAMERA 53 $0.00 $0.00 $0.00 Year 2 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 4 $201.81 $0.00 $201.81 Year 2 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 4 $211.57 $0.00 $211.57 Year 2 73391 AXON FLEET 3 - DEPLOYMENT (PER VEHICLE)19 $5,285.65 $0.00 $5,285.65 Year 2 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 2 73680 AXON RESPOND PLUS - LICENSE 52 $13,403.52 $0.00 $13,403.52 Year 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 2 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 51 $0.00 $0.00 $0.00 Year 2 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 42 $0.00 $0.00 $0.00 Year 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)52 $16,922.88 $0.00 $16,922.88 Year 2 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 $1,251.17 $0.00 $1,251.17 Year 2 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 $1,191.72 $0.00 $1,191.72 Year 2 73746 AXON EVIDENCE - ECOM LICENSE - PRO 17 $8,839.32 $0.00 $8,839.32 Year 2 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 42 $8,190.00 $0.00 $8,190.00 245 Page 8 Q-506438-45345.536DA May 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 $202.62 $0.00 $202.62 Year 2 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 $4,210.51 $0.00 $4,210.51 Year 2 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $12,426.30 $0.00 $12,426.30 Year 2 80402 AXON RESPOND - LICENSE - FLEET 3 19 $3,156.47 $0.00 $3,156.47 Year 2 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 $7,163.61 $0.00 $7,163.61 Year 2 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $88.76 $0.00 $88.76 Year 2 80464 AXON BODY - TAP WARRANTY - CAMERA 52 $4,615.42 $0.00 $4,615.42 Year 2 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 7 $586.99 $0.00 $586.99 Year 2 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 4 $181.82 $0.00 $181.82 Year 2 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 $1,515.90 $0.00 $1,515.90 Total $135,755.69 $0.00 $135,755.69 May 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 3 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 52 $20,442.23 $0.00 $20,442.23 Year 3 100201 AXON BODY 4 - DOCK - SINGLE BAY 4 $183.20 $0.00 $183.20 Year 3 100206 AXON BODY 4 - DOCK - EIGHT BAY 7 $2,233.00 $0.00 $2,233.00 Year 3 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 52 $0.00 $0.00 $0.00 Year 3 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 52 $0.00 $0.00 $0.00 Year 3 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 $61.46 $0.00 $61.46 Year 3 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 $0.00 $0.00 $0.00 Year 3 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 4 $0.00 $0.00 $0.00 Year 3 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 19 $9,507.98 $0.00 $9,507.98 Year 3 73309 AXON BODY - TAP REFRESH 1 - CAMERA 53 $140.98 $0.00 $140.98 Year 3 73310 AXON BODY - TAP REFRESH 2 - CAMERA 53 $0.00 $0.00 $0.00 Year 3 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 4 $201.81 $0.00 $201.81 Year 3 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 4 $211.57 $0.00 $211.57 Year 3 73391 AXON FLEET 3 - DEPLOYMENT (PER VEHICLE)19 $5,285.65 $0.00 $5,285.65 Year 3 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 3 73680 AXON RESPOND PLUS - LICENSE 52 $13,403.52 $0.00 $13,403.52 Year 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 3 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 51 $0.00 $0.00 $0.00 Year 3 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 42 $0.00 $0.00 $0.00 Year 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)52 $16,922.88 $0.00 $16,922.88 Year 3 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 $1,251.17 $0.00 $1,251.17 Year 3 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 $1,191.72 $0.00 $1,191.72 Year 3 73746 AXON EVIDENCE - ECOM LICENSE - PRO 17 $8,839.32 $0.00 $8,839.32 Year 3 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 42 $8,190.00 $0.00 $8,190.00 Year 3 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 $202.62 $0.00 $202.62 Year 3 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 $4,210.51 $0.00 $4,210.51 Year 3 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $12,426.30 $0.00 $12,426.30 Year 3 80402 AXON RESPOND - LICENSE - FLEET 3 19 $3,156.47 $0.00 $3,156.47 Year 3 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 $7,163.61 $0.00 $7,163.61 Year 3 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $88.76 $0.00 $88.76 Year 3 80464 AXON BODY - TAP WARRANTY - CAMERA 52 $4,615.42 $0.00 $4,615.42 246 Page 9 Q-506438-45345.536DA May 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 7 $586.99 $0.00 $586.99 Year 3 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 4 $181.82 $0.00 $181.82 Year 3 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 $1,515.90 $0.00 $1,515.90 Total $135,755.69 $0.00 $135,755.69 May 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 4 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 52 $20,442.23 $0.00 $20,442.23 Year 4 100201 AXON BODY 4 - DOCK - SINGLE BAY 4 $183.20 $0.00 $183.20 Year 4 100206 AXON BODY 4 - DOCK - EIGHT BAY 7 $2,233.00 $0.00 $2,233.00 Year 4 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 52 $0.00 $0.00 $0.00 Year 4 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 52 $0.00 $0.00 $0.00 Year 4 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 $61.46 $0.00 $61.46 Year 4 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 $0.00 $0.00 $0.00 Year 4 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 4 $0.00 $0.00 $0.00 Year 4 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 19 $9,507.98 $0.00 $9,507.98 Year 4 73309 AXON BODY - TAP REFRESH 1 - CAMERA 53 $140.98 $0.00 $140.98 Year 4 73310 AXON BODY - TAP REFRESH 2 - CAMERA 53 $0.00 $0.00 $0.00 Year 4 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 4 $201.81 $0.00 $201.81 Year 4 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 4 $211.57 $0.00 $211.57 Year 4 73391 AXON FLEET 3 - DEPLOYMENT (PER VEHICLE)19 $5,285.65 $0.00 $5,285.65 Year 4 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 4 73680 AXON RESPOND PLUS - LICENSE 52 $13,403.52 $0.00 $13,403.52 Year 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 4 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 51 $0.00 $0.00 $0.00 Year 4 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 42 $0.00 $0.00 $0.00 Year 4 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)52 $16,922.88 $0.00 $16,922.88 Year 4 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 $1,251.17 $0.00 $1,251.17 Year 4 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 $1,191.72 $0.00 $1,191.72 Year 4 73746 AXON EVIDENCE - ECOM LICENSE - PRO 17 $8,839.32 $0.00 $8,839.32 Year 4 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 42 $8,190.00 $0.00 $8,190.00 Year 4 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 $202.62 $0.00 $202.62 Year 4 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 $4,210.51 $0.00 $4,210.51 Year 4 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $12,426.30 $0.00 $12,426.30 Year 4 80402 AXON RESPOND - LICENSE - FLEET 3 19 $3,156.47 $0.00 $3,156.47 Year 4 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 $7,163.61 $0.00 $7,163.61 Year 4 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $88.76 $0.00 $88.76 Year 4 80464 AXON BODY - TAP WARRANTY - CAMERA 52 $4,615.42 $0.00 $4,615.42 Year 4 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 7 $586.99 $0.00 $586.99 Year 4 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 4 $181.82 $0.00 $181.82 Year 4 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 $1,515.90 $0.00 $1,515.90 Total $135,755.69 $0.00 $135,755.69 247 Page 10 Q-506438-45345.536DA May 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 100159 AXON FLEET 3 - SERVICES - ALPR API INTEGRATION 1 $0.00 $0.00 $0.00 Year 5 100165 AXON EVIDENCE - STORAGE - THIRD PARTY UNLIMITED 52 $20,442.23 $0.00 $20,442.23 Year 5 100201 AXON BODY 4 - DOCK - SINGLE BAY 4 $183.20 $0.00 $183.20 Year 5 100206 AXON BODY 4 - DOCK - EIGHT BAY 7 $2,233.00 $0.00 $2,233.00 Year 5 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 52 $0.00 $0.00 $0.00 Year 5 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 52 $0.00 $0.00 $0.00 Year 5 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 7 $61.46 $0.00 $61.46 Year 5 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 7 $0.00 $0.00 $0.00 Year 5 71104 AXON - DOCK/DATAPORT POWERCORD - NORTH AMERICA 4 $0.00 $0.00 $0.00 Year 5 72040 AXON FLEET - TAP REFRESH 1 - 2 CAMERA KIT 19 $9,507.98 $0.00 $9,507.98 Year 5 73309 AXON BODY - TAP REFRESH 1 - CAMERA 53 $140.98 $0.00 $140.98 Year 5 73310 AXON BODY - TAP REFRESH 2 - CAMERA 53 $0.00 $0.00 $0.00 Year 5 73313 AXON BODY - TAP REFRESH 1 - DOCK SINGLE BAY 4 $201.81 $0.00 $201.81 Year 5 73314 AXON BODY - TAP REFRESH 2 - DOCK SINGLE BAY 4 $211.57 $0.00 $211.57 Year 5 73391 AXON FLEET 3 - DEPLOYMENT (PER VEHICLE)19 $5,285.65 $0.00 $5,285.65 Year 5 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 5 73680 AXON RESPOND PLUS - LICENSE 52 $13,403.52 $0.00 $13,403.52 Year 5 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 52 $6,770.40 $0.00 $6,770.40 Year 5 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 51 $0.00 $0.00 $0.00 Year 5 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 42 $0.00 $0.00 $0.00 Year 5 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)52 $16,922.88 $0.00 $16,922.88 Year 5 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 7 $1,251.17 $0.00 $1,251.17 Year 5 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 7 $1,191.72 $0.00 $1,191.72 Year 5 73746 AXON EVIDENCE - ECOM LICENSE - PRO 17 $8,839.32 $0.00 $8,839.32 Year 5 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 42 $8,190.00 $0.00 $8,190.00 Year 5 80379 AXON SIGNAL - EXT WARRANTY - SIGNAL UNIT 19 $202.62 $0.00 $202.62 Year 5 80400 AXON EVIDENCE - FLEET VEHICLE LICENSE 19 $4,210.51 $0.00 $4,210.51 Year 5 80401 AXON FLEET 3 - ALPR LICENSE - 1 CAMERA 19 $12,426.30 $0.00 $12,426.30 Year 5 80402 AXON RESPOND - LICENSE - FLEET 3 19 $3,156.47 $0.00 $3,156.47 Year 5 80410 AXON EVIDENCE - STORAGE - FLEET 1 CAMERA UNLIMITED 38 $7,163.61 $0.00 $7,163.61 Year 5 80464 AXON BODY - TAP WARRANTY - CAMERA 1 $88.76 $0.00 $88.76 Year 5 80464 AXON BODY - TAP WARRANTY - CAMERA 52 $4,615.42 $0.00 $4,615.42 Year 5 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 7 $586.99 $0.00 $586.99 Year 5 80466 AXON BODY - TAP WARRANTY - SINGLE BAY DOCK 4 $181.82 $0.00 $181.82 Year 5 80495 AXON FLEET 3 - EXT WARRANTY - 2 CAMERA KIT 19 $1,515.90 $0.00 $1,515.90 Total $135,755.69 $0.00 $135,755.69 248 Page 11 Q-506438-45345.536DA Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Contract Sourcewell #101223-AXN is incorporated by reference into the terms and conditions of this Agreement. In the event of conflict the terms of Axon's Master Services and Purchasing Agreement shall govern. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 249 Page 12 Q-506438-45345.536DA Exceptions to Standard Terms and Conditions Axon is pleased to offer the McHenry Police Department a significant discount of $120,109.92 for the procurement of Body Worn Cameras and In-Car Cameras in 2024. This proposal includes competitive pricing that surpasses Sourcewell's standard pricing arrangements. Specifically, the offer includes 100% discounts on essential components, such as ALPR (Automatic License Plate Recognition) hotlist integration, licensing for third-party video support, magnetic disconnect cables, and Axon’s Second Body Worn Camera TAP Refresh program. Additionally, a substantial discount of 98.27% is applied to Axon’s First Body Worn Camera TAP Refresh program. These discounts are reflected in the provided quote and will be officially applied upon the execution of the contract in March 2024. The agreement will become effective starting May 1st, 2024. \s1\\d1\ Signature Date Signed 2/23/2024 250 Page 13 Q-506438-45345.536DA 251 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 1 of 42 This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). It is the intent of the Parties that this Agreement will govern all subsequent purchases by Agency for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows: 1. Definitions. 1.1. "Axon Cloud Services" means Axon’s web services, including but not limited to, Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. 1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices. 1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors. 1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term"). 2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term"). 2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5 years ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront yearly basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys’ fees. 4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. 5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7. Warranty. 7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Agency’s receipt, except Signal Sidearm and Axon -manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Agency’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one (1) year hardware warranty through the extended warranty term purchased. 252 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 2 of 42 7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. 7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon -manufactured Device with the same or like Axon- manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 7.3.1. If Agency exchanges an Axon Device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service. 7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or non -functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose. 7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells Axon Devices. 7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Agency confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement. 7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions. 7.7. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms- and-conditions, if any. 7.8. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Agency agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately 253 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 3 of 42 upon notice to the Agency. 8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Agency, Axon is only responsible for the performance of Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance. 13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights to be violated. 14. IP Indemnification. Axon will indemnify Agency against all claims, losses, and reasonable expenses from any third- party claim alleging that the use of Axon-manufactured Devices or Services infringes or misappropriates the third- party’s intellectual property rights. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon- manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. 15. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency and a third-party over Agency’s use of Axon Devices; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 16. Termination. 16.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement. Agency will deliver notice of termination under this section as soon as reasonably practicable. 16.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non- appropriation, Agency may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 17. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Agency receives a public records request to disclose Axon 254 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 4 of 42 Confidential Information, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 18. General. 18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations. 18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitute s a waiver of that right. 18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Agency Responsibilities and any other Sections detailed in the survival sections of the Appendices. 18.10. Governing Law. The laws of the country, state, province, or municipality where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 18.11. Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Agency shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. 18.12 Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions, Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature. AXON: AGENCY: Axon Enterprise, Inc. ___________________________ Signature: Signature: Name: Name: Title: Title: 255 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 5 of 42 Date: Date: 256 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 6 of 42 Axon Cloud Services Terms of Use Appendix 1. Definitions. a. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence but excludes Non-Content Data. b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. c. "Non-Content Data" is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content. d. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. e. “Provided Data” means de-identified, de-personalized, data derived from Agency's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports. f. “Transformed Data” means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances. 2. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite. 3. Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 5. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services. a. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen. 257 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 7 of 42 6. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non- Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy . 8. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon’s Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the Third-Party Unlimited Storage and the Axon’s Evidence.com end user or Agency is prohibited from storing data for other law enforcement agencies; and (iii) Agency may only upload and store data that is directly related to: (1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Agency Content created by Axon Devices or Evidence.com. 9. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content. For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States . Ownership of Agency Content remains with Agency. 10. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 11. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. 12. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances. If Agency purchases the TASER Data Science Program, Agency grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Agency shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data. Axon grants to Agency an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Agency for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind. In the event Agency seeks Axon’s deletion of Provided Data, it may submit a request to privacy@axon.com. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Agency. 258 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 8 of 42 13. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 or OSP 10 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. a. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription") b. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. c. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. d. Users of Axon Records at the Agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages. 14. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: a. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; b. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; d. use Axon Cloud Serves as a service bureau, or as part of an Agency infrastructure as a service; e. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; f. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; g. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or h. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code. 15. Axon Narrative. AI-Assisted Report Writing feature. Axon may impose usage restrictions if a single user generates more than one hundred (100) reports per month for two or more consecutive months. 16. After Termination. Axon will not delete Agency Content for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Agency Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 17. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 259 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 9 of 42 18. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. 19. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, Agency Responsibilities and Axon Cloud Services Restrictions. 260 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 10 of 42 Axon Customer Experience Improvement Program Appendix 1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Agency Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de -identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Agency will be a participant in ACEIP Tier 1. If Agency does not want to participate in ACEIP Tier 1, Agency can revoke its consent at any time. If Agency wants to participate in Tier 2, as detailed below, Agency can check the ACEIP Tier 2 box below. If Agency does not want to participate in ACEIP Tier 2, Agency should leave box unchecked. At any time, Agency may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 2. ACEIP Tier 1. 2.1. When Axon uses Agency Content for the ACEIP Purposes, Axon will extract from Agency Content and may store separately copies of certain segments or elements of the Agency Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de- identify Agency Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Agency from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Agency request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Agency may revoke the consent granted herein to Axon to access and use Agency Content for ACEIP Purposes. Within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Agency. In addition, if Axon uses Agency Content for the ACEIP Purposes, upon request, Axon will make available to Agency a list of the specific type of Agency Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Agency Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Agency notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Agency with a mechanism to obtain notice of that update or another commercially reasonable method to Agency designated contact) ("New Use Case"). 2.2. Expiration of ACEIP Tier 1. Agency consent granted herein will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Agency’s request, Axon will no longer access or use Agency Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Agency. 3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Agency wants to help further improve Axon’s services, Agency may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Agency Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to di rectly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadat a of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be e xtracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. 261 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 11 of 42 to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data. ☐ Check this box if Agency wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Agency into ACEIP Tier 2 until Axon and Agency agree to terms in writing providing for such participation in ACEIP Tier 2. 262 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 12 of 42 Professional Services Appendix If any of the Professional Services specified below are included on the Quote, this Appendix applies. 1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date. 2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than four (4) consecutive on-site days, Agency must purchase additional days. Axon Full Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included Dock configuration • Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review 3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Starter options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) 263 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 13 of 42 • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration • Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services. 5. CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. 264 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 14 of 42 Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course. 7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and determine which Services are appropriate. The VR Service training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon VR headset content • Configure agency settings based on Agency need • Troubleshoot IT issues with Axon VR headset Axon instructor training (Train the Trainer) Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality, basic operation, and best practices 8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which Services are appropriate. If Agency's requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon Air App (ASDS) • Configure agency settings based on Agency need • Configure drone controller • Troubleshoot IT issues with Axon Evidence Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices 9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually. 10. Signal Sidearm Installation Service. a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Agency is responsible for providing a suitable work/training area. b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration. 11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. 265 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 15 of 42 13. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 14. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it 15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services. 16. Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause. 266 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 16 of 42 Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies. 1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty. 2. Officer Safety Plan. If Agency purchases an Officer Safety Plan ("OSP"), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term"). 4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Agency purchased TAP, Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon dock. 5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon dock bay configuration unless a new Axon dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon dock, the Dock Upgrade will be a single-bay Axon dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon dock, the Dock Upgrade will be a multi-bay Axon dock that is the same or like Axon Device, at Axon’s option. 6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Agency. 7. Upgrade Change. If Agency wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Agency must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2. Axon will not and has no obligation to provide the Upgrade Models. 9.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP. 267 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 17 of 42 TASER Device Appendix This TASER Device Appendix applies to Agency’s TASER 7/10, OSP 7/10, OSP Plus, or OSP 7/10 Plus Premium purchase from Axon, if applicable. 1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2. Training. If the Quote includes a TASER On Demand Certification subscription, Agency will have on -demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master Instructor vouchers for every thousand TASER Subscriptions purchased. Agency shall utilize vouchers to register for TASER courses at their discretion however Agency may incur a fee for cancellations l ess than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Agency cannot exchange voucher for any other device or service. Any unused vouchers at the end of the Term will be forfeited. A voucher does not include any travel or other expenses that might be incurred related to attending a course. 3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term. 4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days 100 to 499 officers 90 days 500+ officers 180 days 5. TASER Device Subscription Term. The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date. 6. Access Rights. Upon Axon granting Agency a TASER Device Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the TASER Device Subscription Term. Agency may not exceed the number of end users the Quote specifies. 7. Agency Warranty. If Agency is located in the US, Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968. 8. Purchase Order. To comply with applicable laws and regulations, Agency must provide a purchase order to Axon prior to shipment of TASER 10. 9. Apollo Grant (US only). If Agency has received an Apollo Grant from Axon, Agency must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon. 10. Termination. If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Agency’s TASER Device plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 10.1. TASER Device extended warranties and access to Training Content will terminate. No refunds will be given. 10.2. Axon will invoice Agency the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination. 268 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 18 of 42 10.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER Device plan. 269 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 19 of 42 Axon Auto-Tagging Appendix If Auto-Tagging is included on the Quote, this Appendix applies. 1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto- populate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or RMS. 2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to: 4.1. Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2. Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services; 4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5. Promptly install and implement any software updates provided by Axon; 4.6. Ensure that all appropriate data backups are performed; 4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8. Provide Axon with remote access to Agency’s Axon Evidence account when required; 4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and 4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 270 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 20 of 42 Axon Fleet Appendix If Axon Fleet is included on the Quote, this Appendix applies. 1. Agency Responsibilities. 1.1. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 Axon Fleet 3 or a future Fleet iteration (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change. 1.2. Agency is responsible for providing a suitable work area for Axon or Axon third -party providers to install Axon Fleet systems into Agency vehicles. Agency is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule. 2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4. Wireless Offload Server. 4.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, f unctions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS. 4.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance. 5. Axon Vehicle Software. 5.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software. 271 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 21 of 42 6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within seven (7) days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in -car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. 7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote. 7.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. 7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 8. Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination: 8.1. Axon Fleet subscription coverage terminates, and no refunds will be given. 8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. 272 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 22 of 42 Axon Respond Appendix This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote. 1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real -time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs. 3. Axon Body LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent. 4. Axon Fleet LTE Requirements. Axon Respond is only available and usable with a Fleet system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier. 5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. 5.1. With regard to Axon Body , Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service. 273 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 23 of 42 Add-on Services Appendix This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote. 1. Subscription Term. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request Axon Redaction Assistant, or Axon Performance to Agency. 1.1. If Agency purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Agency, or (2) first day of the month following the Effective Date. 1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the add- on. 2. Axon Community Request Storage. For Axon Community Request, Agency may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Agency’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content. 3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Agency, Axon will need to store call for service data from Agency’s CAD or RMS. 274 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 24 of 42 Axon Auto-Transcribe Appendix This Appendix applies if Axon Auto-Transcribe is included on the Quote. 1. Subscription Term. If Agency purchases Axon Auto-Transcribe as part of a bundle or Axon Cloud Services subscription, the subscription begins on the later of the (1) start date of the bundle or Axon Cloud Services license term, or (2) date Axon provisions Axon Auto-Transcribe to Agency. If Agency purchases Axon Auto-Transcribe minutes as a standalone, the subscription begins on the date Axon provisions Axon Auto-Transcribe to Agency. 1.1. If Agency cancels Auto-Transcribe services, any amounts owed by the Parties will be based on the amount of time passed under the annual subscription, rather than on the number of minutes used, regardless of usage. 2. Auto-Transcribe A-La-Carte Minutes. Upon Axon granting Agency a set number of minutes, Agency may utilize Axon Auto-Transcribe, subject to the number of minutes allowed on the Quote. Agency will not have the ability to roll over unused minutes to future Auto-Transcribe terms. Axon may charge Agency additional fees for exceeding the number of purchased minutes. Axon Auto-Transcribe minutes expire one year after being provisioned to Agency by Axon. 3. Axon Unlimited Transcribe. Upon Axon granting Agency an Unlimited Transcribe subscription to Axon Auto- Transcribe, Agency may utilize Axon Auto-Transcribe with no limit on the number of minutes. Unlimited Transcribe includes automatic transcription of all Axon BWC and Axon Capture footage. With regard to Axon Interview Room, Axon Fleet, Axon Citizen, or third-party transcription, transcription must be requested on demand. Notwithstanding the foregoing, Axon may limit usage after 5,000 minutes per user per month for multiple months in a row. Axon will not bill for overages. 4. Warranty. Axon disclaims all warranties, express or implied, for Axon Auto-Transcribe. 275 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 25 of 42 Axon Virtual Reality Content Terms of Use Appendix If Virtual Reality is included on the Quote, this Appendix applies. 1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Agency related to virtual reality (collectively, "Virtual Reality Media"). 2. Headsets. Agency may purchase additional virtual reality headsets from Axon. In the event Agency decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Agency must purchase those headsets from Axon. 3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. If Agency utilizes more users than stated in this Agreement, Agency must purchase additional Virtual Reality Media licenses from Axon. Agency may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media; 3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same; 3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement; 3.4. use trade secret information contained in Virtual Reality Media; 3.5. resell, rent, loan or sublicense Virtual Reality Media; 3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or 3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media. 4. Privacy. Agency’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy. 5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. 276 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 26 of 42 Axon Evidence Local Software Appendix This Appendix applies if Axon Evidence Local is included on the Quote. 1. License. Axon owns all executable instructions, images, icons, sound, and text in Axon Evidence Local. All rights are reserved to Axon. Axon grants a non-exclusive, royalty-free, worldwide right and license to use Axon Evidence Local. "Use" means storing, loading, installing, or executing Axon Evidence Local exclusively for data communication with an Axon Device. Agency may use Axon Evidence Local in a networked environment on computers other than the computer it installs Axon Evidence Local on, so long as each execution of Axon Evidence Local is for data communication with an Axon Device. Agency may make copies of Axon Evidence Local for archival purposes only. Axon shall retain all copyright, trademark, and proprietary notices in Axon Evidence Local on all copies or adaptations. 2. Term. The Quote will detail the duration of the Axon Evidence Local license, as well as any maintenance. The term will begin upon installation of Axon Evidence Local. 3. License Restrictions. All licenses will immediately terminate if Agency does not comply with any term of this Agreement. Agency may not use Axon Evidence Local for any purpose other than as expressly permitted by this Agreement. Agency may not: 3.1. modify, tamper with, repair, or otherwise create derivative works of Axon Evidence Local; 3.2. reverse engineer, disassemble, or decompile Axon Evidence Local or apply any process to derive the source code of Axon Evidence Local, or allow others to do the same; 3.3. access or use Axon Evidence Local to avoid incurring fees or exceeding usage limits or quotas; 3.4. copy Axon Evidence Local in whole or part, except as expressly permitted in this Agreement; 3.5. use trade secret information contained in Axon Evidence Local; 3.6. resell, rent, loan or sublicense Axon Evidence Local; 3.7. access Axon Evidence Local to build a competitive device or service or copy any features, functions, or graphics of Axon Evidence Local; or 3.8. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Evidence Local or any copies of Axon Evidence Local. 4. Support. Axon may make available updates and error corrections ("Updates") to Axon Evidence Local. Axon will provide Updates electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate access to the Internet to receive Updates. Agency is responsible for mainta ining the computer equipment necessary to use Axon Evidence Local. Axon may provide technical support of a prior release/version of Axon Evidence Local for six (6) months from when Axo n made the subsequent release/version available. 5. Termination. Axon may terminate Agency’s license immediately for Agency’s failure to comply with any of the terms in this Agreement. Upon termination, Axon may disable Agency’s right to login to Axon Evidence Local. 277 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 27 of 42 Axon Application Programming Interface Appendix This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services is included on the Quote. 1. Definitions. 1.1. "API Client" means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency. 1.2. "API Interface" means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use. 1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems. 1.4. "Use" means any operation on Agency’s data enabled by the supported API functionality. 2. Purpose and License. 2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use. 2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client. 2.3. Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information. 4. Agency Responsibilities. When using API Service, Agency and its end users may not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or net works providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8. frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9. make available to a third-party, any token, key, password or other login credentials to API Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes ; or 4.11. disclose Axon’s API manual. 5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is considered Axon’s API Content, including: 5.1. the design, structure and naming of API Service fields in all responses and requests; 278 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 28 of 42 5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. 279 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 29 of 42 Advanced User Management Appendix This Appendix applies if Axon Advanced User Management is included on the Quote. 1. Scope. Advanced User Management allows Agency to (a) utilize bulk user creation and management, (b) automate user creation and management through System for Cross-domain Identity Management ("SCIM"), and (c) automate group creation and management through SCIM. 2. Advanced User Management Configuration. Agency will work independently to configure Agency’s Advanced User Management for Agency’s applicable Use. Upon request, Axon will provide general guidance to Agency, including documentation that details the setup and configuration process. 280 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 30 of 42 Axon Channel Services Appendix This Appendix applies if Agency purchases Axon Channel Service, as set forth on the Quote. 1. Definitions. 1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified in the attached Channel Services Statement of Work. 1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System. 1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System. 2. Scope. Agency currently has a third-party system or data repository from which Agency desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Agency’s third -party data into an Axon Digital Evidence Management System or the transfer of Agency data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Agency Content. Agency is responsible for verifying all necessary data is migrated correctly and retained per Agency policy. 3. Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 4. Purpose and Use. Agency is responsible for verifying Agency has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW. For Active Channels, Agency is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees. An Axon Field Engineer may require access to Agency’s network and systems to perform the Services described in the Channel Services SOW. Agency is responsible for facilitating this access per all laws and policies applicable to Agency. 5. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 6. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner. 7. Monitoring. Axon may monitor Agency’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure from Axon Agency’s use of channel services. 8. Agency’s Responsibilities. Axon’s successful performance of the Channel Services requires Agency: 8.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access); 8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Agency (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Agency premises with laptop personal computers and any other materials needed to perform the Channel Services); 8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services; 8.4. Ensure all appropriate data backups are performed; 8.5. Provide Axon with remote access to the Agency’s network and third-party systems when required for Axon to perform the Channel Services; 8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and 8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators, 281 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 31 of 42 and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services). 282 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 32 of 42 VIEVU Data Migration Appendix This Appendix applies if Agency purchases Migration services, as set forth on the Quote. 1. Scope. Agency currently has legacy data in the VIEVU solution from which Agency desires to move to Axon Evidence. Axon will work with Agency to copy legacy data from the VIEVU solution into Axon Evidence ("Migration"). Before Migration, Agency and Axon will work together to develop a Statement of Work ("Migration SOW") to detail all deliverables and responsibilities. The Migration will require the availability of Agency resources. Such resources will be identified in the SOW. On-site support during Migration is not required. Upon Agency’s request, Axon will provide on-site support for an additional fee. Any request for on-site support will need to be pre-scheduled and is subject to Axon’s resource availability. 1.1. A small amount of unexposed data related to system information will not be migrated from the VIEVU solution to Axon Evidence. Upon request, some of this data can be manually exported before Migration and provided to Agency. The Migration SOW will provide further detail. 2. Changes. Axon is only responsible to perform the Services described in this Appendix and Migration SOW. Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 3. Project Management. Axon will assign a Project Manager to work closely with Agency’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget. 4. Downtime. There may be downtime during the Migration. The duration of the downtime will depend on the amount of data that Agency is migrating. Axon will work with Agency to minimize any downtime. Any VIEVU mobile application will need to be disabled upon Migration. 5. Functionality Changes. Due to device differences between the VIEVU solution and the Axon’s Axon Evidence solution, there may be functionality gaps that will not allow for all migrated data to be displayed the same way in the user interface after Migration. 6. Acceptance. Once the Migration is complete, Axon will notify Agency and provide an acceptance form. Agency is responsible for verifying that the scope of the project has been completed and all necessary data is migrated correctly and retained per Agency policy. Agency will have ninety (90) days to provide Axon acceptance that the Migration was successful, or Axon will deem the Migration accepted. 6.1. In the event Agency does not accept the Migration, Agency agrees to notify Axon within a reasonable time. Agency also agrees to allow Axon a reasonable time to resolve any issue. In the event Agency does not provide Axon with a written rejection of the Migration during these ninety (90) days, Agency may be charged for additional monthly storage costs. After Agency provides acceptance of the Migration, Axon will delete all data from the VIEVU solution ninety (90) days after the Migration. 7. Post-Migration. After Migration, the VIEVU solution may not be supported and updates may not be provided. Axon may end of life the VIEVU solution in the future. If Agency elects to maintain data within the VIEVU solution, Axon will provide Agency ninety (90) days’ notice before ending support for the VIEVU solution. 8. Warranty. Axon warrants that it will perform the Migration in a good and workmanlike manner. 9. Monitoring. Axon may monitor Agency’s use of Migration to ensure quality, improve Axon Devices and Services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement. Agency agrees not to interfere with such monitoring or obscure Agency’s use of Migration from Axon. 283 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 33 of 42 10. Axon Technical Account Manager Appendix This Appendix applies if Axon Support Engineer services are included on the Quote. 1. Axon Technical Account Manager Payment. Axon will invoice for Axon Technical Account Manager ("TAM") services, as outlined in the Quote, when the TAM commences work on-site at Agency. 2. Full-Time TAM Scope of Services. 2.1. A Full-Time TAM will work on-site four (4) days per week, unless an alternate schedule or reporting location is mutually agreed upon by Axon and Customer. 2.2. Agency’s Axon sales representative and Axon’s Agency Success team will work with Agency to define its support needs and ensure the Full-Time TAM has skills to align with those needs. There may be up to a six- (6-) month waiting period before the Full-Time TAM can work on-site, depending upon Agency’s needs and availability of a Full-Time TAM. 2.3. The purchase of Full-Time TAM Services includes two (2) complimentary Axon Accelerate tickets per year of the Agreement, so long as the TAM has started work at Agency, and Agency is current on all payments for the Full-Time TAM Service. 2.4. The Full-Time TAM Service options are listed below: Ongoing System Set-up and Configuration Assisting with assigning cameras and registering docks Maintaining Agency’s Axon Evidence account Connecting Agency to "Early Access" programs for new devices Account Maintenance Conducting on-site training on new features and devices for Agency leadership team(s) Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program Conducting weekly meetings to cover current issues and program status Data Analysis Providing on-demand Axon usage data to identify trends and insights for improving daily workflows Comparing Agency's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Direct Support Providing on-site, Tier 1 and Tier 2 (as defined in Axon's Service Level Agreement) technical support for Axon Devices Proactively monitoring the health of Axon equipment Creating and monitoring RMAs on-site Providing Axon app support Monitoring and testing new firmware and workflows before they are released to Agency’s production environment Agency Advocacy Coordinating bi-annual voice of customer meetings with Axon’s Device Management team Recording and tracking Agency feature requests and major bugs 3. Regional TAM Scope of Services 3.1. A Regional TAM will work on-site for three (3) consecutive days per quarter. Agency must schedule the on- site days at least two (2) weeks in advance. The Regional TAM will also be available by phone and email during regular business hours up to eight (8) hours per week. 3.2. There may be up to a six- (6-) month waiting period before Axon assigns a Regional TAM to Agency, depending upon the availability of a Regional TAM. 3.3. The purchase of Regional TAM Services includes two (2) complimentary Axon Accelerate tickets per year of the Agreement, so long as the TAM has started work at Agency and Agency is current on all payments for the Regional TAM Service. 3.4. The Regional TAM service options are listed below: 284 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 34 of 42 Account Maintenance Conducting remote training on new features and devices for Agency’s leadership Thoroughly documenting issues and workflows and suggesting new workflows to improve the effectiveness of the Axon program Conducting weekly conference calls to cover current issues and program status Visiting Agency quarterly (up to 3 consecutive days) to perform a quarterly business review, discuss Agency's goals for your Axon program, and continue to ensure a successful deployment of Axon Devices Direct Support Providing remote, Tier 1 and Tier 2 (As defined Axon's Service Level Agreement) technical support for Axon Devices Creating and monitoring RMAs remotely Data Analysis Providing quarterly Axon usage data to identify trends and program efficiency opportunities Comparing an Agency's Axon usage and trends to peers to establish best practices Proactively monitoring the health of Axon equipment and coordinating returns when needed Agency Advocacy Coordinating bi-yearly Voice of Agency meetings with Device Management team Recording and tracking Agency feature requests and major bugs 4. Out of Scope Services. The TAM is responsible to perform only the Services described in this Appendix. Any additional Services discussed or implied that are not defined explicitly in this Appendix will be considered out of the scope. 5. TAM Leave Time. The TAM will be allowed up seven (7) days of sick leave and up to fifteen (15) days of vacation time per each calendar year. The TAM will work with Agency to coordinate any time off and will provide Agency with at least two (2) weeks’ notice before utilizing any vacation days. 285 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 35 of 42 Axon Investigate Appendix If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply. 1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Agency a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Agency any right to enhancements or updates, but if such are made available to Agency and obtained by Agency they shall become part of the Software and governed by the terms of this Agreement. 2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Agency agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Agency terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software. 3. Restrictions on Use. Agency may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Agency may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Agency may not rent, lease, sublicense, grant a security interest in or otherwise transfer Agency’s rights to or to use the Software. Any rights not granted are reserved to Axon. 4. Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period, evaluation licenses, companion licenses, as well as temporary licenses --the license shall be perpetual unless Agency fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a pre- determined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Agency. 5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Agency with title or ownership of the Software, but only a right of limited use. 6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Agency may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Agency. If Agency receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Agency to use the copy of media on an additional server. 7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Agency agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Agency ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Agency's computer or computer system, Agency agrees not to access such media for the purpose of recovering the Software or online Software Documentation. 8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials. 9. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or 286 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 36 of 42 subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227 -19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255. 287 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 37 of 42 My90 Terms of Use Appendix Definitions. 1.1. "My90" means Axon’s proprietary platform and methodology to obtain and analyze feedback, and other related offerings, including, without limitation, interactions between My90 and Axon products. 1.2. "Recipient Contact Information" means contact information, as applicable, including phone number or email address (if available) of the individual whom Agency would like to obtain feedback. 1.3. "Agency Data" means 1.3.1. "My90 Agency Content" which means data, including Recipient Contact Information, provided to My90 directly by Agency or at their direction, or by permitting My90 to access or connect to an information system or similar technology. My90 Agency Content does not include My90 Non- Content Data. 1.3.2. "My90 Non-Content Data" which means data, configuration, and usage information about Agency's My90 tenant, and client software, users, and survey recipients that is Processed (as defined in Section 1.6 of this Appendix) when using My90 or responding to a My90 Survey. My90 Non- Content Data includes data about users and survey recipients captured during account management and customer support activities. My90 Non-Content Data does not include My90 Agency Content. 1.3.3. "Survey Response" which means survey recipients' response to My90 Survey. 1.4. "My90 Data" means 1.4.1. "My90 Survey" which means surveys, material(s) or content(s) made available by Axon to Agency and survey recipients within My90. 1.4.2. "Aggregated Survey Response" which means Survey Response that has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to, a particular individual. 1.5. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. 1.6. "Processing" means any operation or set of operations which is performed on data or on sets of data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. 1.7. "Sensitive Personal Data" means Personal Data that reveals an individual’s health, racial or ethnic origin, sexual orientation, disability, religious or philosophical beliefs, or trade union membership. 2. Access. Upon Axon granting Agency a subscription to My90, Agency may access and use My90 to store and manage My90 Agency Content, and applicable My90 Surveys and Aggregated Survey Responses. This Appendix is subject to the Terms and Conditions of Axon’s Master Service and Purchasing Agreement or in the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern. 3. IP address. Axon will not store survey respondents’ IP address. 4. Agency Owns My90 Agency Content. Agency controls or owns all right, title, and interest in My90 Agency Content. Except as outlined herein, Axon obtains no interest in My90 Agency Content, and My90 Agency Content is not Axon’s business records. Except as set forth in this Agreement, Agency is responsible for uploading, sharing, managing, and deleting My90 Agency Content. Axon will only have access to My90 Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to My90 Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of My90 and other Axon products. 5. Details of the Processing. The nature and purpose of the Processing under this Appendix are further specified 288 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 38 of 42 in Schedule 1 Details of the Processing, to this Appendix. 6. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Data against accidental or unlawful loss, access, or disclosure. Axon will maintain a comprehensive information security program to protect Agency Data including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; security education; and data protection. Axon will not treat Agency Data in accordance with FBI CJIS Security Policy requirements and does not agree to the CJIS Security Addendum for this engagement or any other security or privacy related commitments that have been established between Axon and Agency, such as ISO 27001 certification or SOC 2 Reporting. 7. Privacy. Agency use of My90 is subject to the My90 Privacy Policy, a current version of which is available at https://www.axon.com/legal/my90privacypolicy. Agency agrees to allow Axon access to My90 Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products including My90 and related services; and (c) enforce this Agreement or policies governing the use of My90 or other Axon products. 8. Location of Storage. Axon may transfer Agency Data to third-party subcontractors for Processing. Axon will determine the locations for Processing of Agency Data. For all Agency, Axon will Process and store Agency Data within the country Agency is based. Ownership of My90 Agency Content remains with Agency. 9. Required Disclosures. Axon will not disclose Agency Data that Agency shares with Axon except as compelled by a court or administrative body or required by any law or regulation. Axon will notify Agency if any disclosure request is received for Agency Data so Agency may file an objection with the court or administrative body, unless prohibited by law. 10. Data Sharing. Axon may share data only with entities that control or are controlled by or under common control of Axon, and as described below: 10.1. Axon may share Agency Data with third parties it employs to perform tasks on Axon’s behalf to provide products or services to Customer. 10.2. Axon may share Aggregated Survey Response with third parties, such as other Axon customers, local city agencies, private companies, or members of the public that are seeking a way to collect analysis on general policing and community trends. Aggregated Survey Response will not be reasonably capable of being associated with or reasonably be linked directly or indirectly to a particular individual. 11. License and Intellectual Property. Agency grants Axon, its affiliates, and assignees the irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Agency Data for internal use including but not limited to analysis and creation of derivatives. Axon may not release Agency Data to any third party under this right that is not aggregated and de-identified. Agency acknowledges that Agency will have no intellectual property right in any media, good or service developed or improved by Axon. Agency acknowledges that Axon may make any lawful use of My90 Data and any derivative of Agency Data including, without limitation, the right to monetize, redistribute, make modification of, and make derivatives of the surveys, survey responses and associated data, and Agency will have no intellectual property right in any good, service, media, or other product that uses My90 Data. 12. Agency Use of Aggregated Survey Response. Axon will make available to Agency Aggregated Survey Response and rights to use for any Agency purpose. 13. Data Subject Rights. Taking into account the nature of the Processing, Axon shall assist Agency by appropriate technical and organizational measures, insofar as this is reasonable, for the fulfilment of Agency's obligation to respond to a Data Subject Request regarding any Personal Data contained within My90 Agency Content. If in regard to My90 Agency Content, Axon receives a Data Subject Request from Agency's data subject to exercise one or more of its rights under applicable Data Protection Law, Axon will redirect the data subject within seventy- two (72) hours, to make its request directly to Agency. Agency will be responsible for responding to any such request. 14. Assistance with Requests Related to My90 Agency Content. With regard to the processing of My90 Agency Content, Axon shall, if not prohibited by applicable law, notify Agency without delay after receipt, if Axon: (a) receives a request for information from the Supervisory Authority or any other competent authority regarding My90 Agency Content; (b) receives a complaint or request from a third party regarding the obligations of Agency or Axon under applicable Data Protection Law; or (c) receives any other communication which directly or indirectly pertains to My90 Agency Content or the Processing or protection of My90 Agency Content. Axon shall not respond to such requests, complaints, or communications, unless Agency has given Axon written instructions to 289 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 39 of 42 that effect or if such is required under a statutory provision. In the latter case, prior to responding to the request, Axon shall notify Agency of the relevant statutory provision and Axon shall limit its response to what is necessary to comply with the request. 15. Axon Evidence Partner Sharing. If Axon Evidence partner sharing is used to share My90 Agency Content, Agency will manage the data sharing partnership with Axon and access to allow only for authorized data sharing with Axon. Agency acknowledges that any applicable audit trail on the original source data will not include activities and processing performed against the instances, copies or clips that has been shared with Axon. Agency also acknowledges that the retention policy from the original source data is not applied to any data shared with Axon. Except as provided herein, data shared with Axon may be retained indefinitely by Axon. 16. Data Retention. Phone numbers provided to Axon directly by Agency or at their direction, or by permitting My90 to access or connect to an information system or similar technology will be retained for twenty-four (24) hours. Axon will not delete Aggregated Survey Response for four (4) years following termination of this Agreement. There will be no functionality of My90 during these four (4) years other than the ability to submit a request to retrieve Aggregated Survey Response. Axon has no obligation to maintain or provide Aggregated Survey Response after these four years and may thereafter, unless legally prohibited, delete all Aggregated Survey Response. 17. Termination. Termination of an My90 Agreement will not result in the removal or modification of previously shared My90 Agency Content or the potential monetization of Survey Response and Aggregated Survey Response. 18. Managing Data Shared. Agency is responsible for: 18.1. Ensuring My90 Agency Content is appropriate for use in My90. This includes, prior to sharing: (a) applying any and all required redactions, clipping, removal of metadata, logs, etc. and (b) coordination with applicable public disclosure officers and related legal teams; 18.2. Ensuring that only My90 Agency Content that is authorized to be shared for the purposes outlined is shared with Axon. Agency will periodically monitor or audit this shared data; 18.3. Using an appropriately secure data transfer mechanism to provide My90 Agency Content to Axon; 18.4. Immediately notifying Axon if My90 Agency Content that is not authorized for sharing has been shared. Axon may not be able to immediately retrieve or locate all instances, copies or clips of My90 Agency Content in the event Agency requests to un-share previously shared My90 Agency Content; 19. Prior to enrollment in My90. Prior to enrolling in My90, Agency will: 19.1. determine how to use My90 in accordance with applicable laws and regulations including but not limited to consents, use of info or other legal considerations; 19.2. develop a set of default qualification criteria of what My90 Agency Content may be shared with Axon; and 19.3. assign responsibilities for managing what My90 Agency Content is shared with Axon and educate users on what data may or not be shared with Axon. 20. Agency Responsibilities. Agency is responsible for: 20.1. ensuring no My90 Agency Content or Agency end user’s use of My90 Agency Content or My90 violates this Agreement or applicable laws; 20.2. providing, and will continue to provide, all notices and has obtained, and will continue to obtain, all consents and rights necessary under applicable laws for Axon to process Agency Data in accordance with this Agreement; and 20.3. maintaining necessary computer equipment and Internet connections for use of My90. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to My90. Agency will also maintain the security of end usernames and passwords and security and access by end users to My90 Agency Content. Agency is responsible for ensuring the configuration and utilization of My90 meets applicable Agency regulations and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if an unauthorized party may be using Agency's account or My90 Agency Content or if account information is lost or stolen. 21. Suspension. Axon may temporarily suspend Agency's or any end user’s right to access or use any portion or all of My90 immediately upon notice, if Agency or end user’s use of or registration for My90 may (a) pose a security 290 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 40 of 42 risk to Axon products including My90, or any third-party; (b) adversely impact My90, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Agency remains responsible for all fees, if applicable, incurred through suspension. Axon will not delete My90 Agency Content or Aggregated Survey Response because of suspension, except as specified in this Agreement. 22. My90 Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 22.1. copy, modify, tamper with, repair, or create derivative works of any part of My90; 22.2. reverse engineer, disassemble, or decompile My90 or apply any process to derive any source code included in My90, or allow others to do the same; 22.3. access or use My90 with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 22.4. use trade secret information contained in My90, except as expressly permitted in this Agreement; 22.5. access My90 to build a competitive product or service or copy any features, functions, or graphics of My90; 22.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within My90; or 22.7. use My90 to store or transmit infringing, libelous, or other unlawful or tortious material; to store or transmit material in violation of third-party privacy rights; or to store or transmit malicious code. 291 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 41 of 42 Schedule 1- Details of the Processing 1. Nature and Purpose of the Processing. To help Agency obtain feedback from individuals, such as members of their community, staff, or officers. Features of My90 may include: 1.1. Survey Tool where Agency may create, distribute, and analyze feedback from individuals it designates. Agency may designate members of the community, staff or officers from whom they would like to obtain feedback; 1.2. Creation of custom forms for surveys. Agency may select questions from a list of pre -drafted questions or create their own; 1.3. Distribution of survey via multiple distribution channels such as text message; 1.4. Ability to access and analyze Survey Response. Axon may also provide Agency Aggregated Survey Responses which contain analysis and insights from the Survey Response; 1.5. Direct integrations into information systems including Computer Aided Dispatch ("CAD"). This will enable Agency to share contact information easily and quickly with Axon of any individuals from whom it wishes to obtain feedback, enabling Axon to communicate directly with these individuals; 1.6. Data Dashboard Beta Test ("Data Dashboard") where Survey Response and Aggregated Survey Response will be displayed for Agency use. Agency will be able to analyze, interpret, and share results of the Survey Response. My90 may provide beta versions of the Data Dashboard that are specifically designed for Agency to test before they are publicly available; 1.7. Survey Responses will be aggregated and de-identified and may be subsequently distributed and disclosed through various mediums to: (1) Agency; (2) other Axon Agency; (3) private companies; and (4) members of the public. The purpose of disclosure is to provide ongoing insights and comparisons on general policing and community trends. Prior to disclosing this information, Axon will ensure that the Survey Response has been de-identified and aggregated or transformed so that it is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual; and 1.8. Provide services and materials to engage Agency stakeholders, market the partnership to the public, and facilitate training. 292 Master Services and Purchasing Agreement for Agency Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal Version: 20 Release Date: 2/5/2024 Page 42 of 42 Axon Event Offer Appendix If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply: 10. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Agency with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Agency -selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Agency warrants that it is appropriate and permissible for Agency to receive the referenced Axon Event offer(s) based on Agency’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix. 11. Attendee/Employee Selection. Agency shall have sole and absolute discretion to select the Agency employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s). 12. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Agency is intended for the use and benefit of Agency in furtherance of its goals, and not the personal use or benefit of any official or employee of Agency. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not , as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements. If Agency’s local jurisdiction requires Agency to report or disclose the fair market value of the benefits provided by Axon, Agency shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Agency's compliance with such reporting requirements. 13. Assignability. Agency may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement. 14. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation. 15. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Agency if Agency or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations 293 Department of Public Works Steve Wirch, Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: March 18, 2024 TO: Mayor and City Council FROM: Steve Wirch, Director of Public Works Greg Gruen, P.E., Staff Engineer RE: 2024 Road Resurfacing Program ATT: Bid Tabulation Project Location Map IDOT Resolution for Maintenance AGENDA ITEM SUMMARY: Staff requests that City Council consider awarding a contract to Peter Baker and Son Company of Lake Bluff, Illinois, in the amount of $2,122,577.80 for the 2024 Road Program and to approve an IDOT Resolution for Maintenance authorizing the use of Motor Fuel Tax Funds for the project. Staff further requests that City Council approve a construction contingency of ten percent (10%) of the awarded contract value. BACKGROUND: On February 29, 2024, City staff received 6 bids for the above referenced project. After detailed analysis and review of the bids, City staff has determined Peter Baker and Son Company to be the lowest responsible bidder. A detailed bid tabulation is attached. A summary is as follows: Bidder Base Bid – Local Roads Alternate Bid - Kensington Base Bid + Alternate Peter Baker $1,838,817.24 $283,760.56 $2,122,577.80 Geske & Sons $1,922,296.48 $294,407.00 $2,216,703.48 Curran Contracting $1,995,000.00 $305,000.00 $2,300,000.00 Schroeder Asphalt $2,078,247.96 $337,421,47 $2,415,669.43 Builders Paving $2,140,760.82 $365,130.56 $2,505,891.38 Payne & Dolan $2,332,010.02 $362,687.12 $2,694,697.14 At the direction of City Council, the bid was divided into a Base Bid consisting of resurfacing various local streets (7.0 miles) and an Alternate Bid consisting of resurfacing and ADA ramp improvements for 294 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer-oriented, efficient and fiscally responsible manner. Kensington Drive (0.50 miles). City Council may elect to award the Base Bid only or the Base Bid + Alternate Bid at the Council’s discretion. The Fiscal Year 24/25 Budget is planned to include $2.60M for the 2024 Road Program. (This does not include approximately $615,000 in additional planned work in Fiscal Year 24/25 that will be funded through other sources.) The budgeted funding breakdown for this project is as follows: State MFT Funds $1,500,000 Local MFT Funds $260,000 Contractual Street Resurfacing – Operating Funds $540,000 Contractual Street Resurfacing – Township Road & Bridge Funds $300,000 The proposed project will be partially funded utilizing State Motor Fuel Tax (MFT) funds. As a result, an IDOT Resolution for Maintenance will be required to be approved in conjunction with the award of the contract. Currently, the anticipated project cost is less than the proposed FY 24/25 budgeted amount. Any unused money from the State MFT Fund will be reallocated into next year’s starting MFT balance. ANALYSIS: Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to Peter Baker and Son Company of Lake Bluff, Illinois. This is a unit price contract and the final cost of construction will be based upon final measured and documented quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the 2024 Road Program to Peter Baker and Son Company of Lake Bluff, Illinois in the amount of $1,838,817.24 for the Base Bid and accept the Alternate Bid for $283,760.56 for a contract total of $2,122,577.80 and approve a construction contingency in the amount of ten percent (10%) of the awarded contract price ($212,257.78). The final contract price will be based on final measured quantities and may vary from the original contract amount. Staff also recommends that City Council approve in a separate motion an IDOT Resolution for Maintenance authorizing the use of $1,500,000 of State Motor Fuel Tax Funds for the project. Any unused funds will be reallocated to the next fiscal year’s road program. 295 Tabulation of Bids 2,415,669.43 As Calculated:2,505,891.38 2,300,000.00 2,216,703.48 2,694,697.14 2,122,577.80 2,415,669.43 LOW BIDDER BASE BID ALTERNATE #1 BID Total Base Bid + Alternate #1 Bid: As Read:2,505,891.38 2,300,000.00 2,216,703.48 2,694,694.00 2,122,577.80 Total Alternate #1 Bid: As Read:365,130.56 305,000.00 294,407.00 362,687.12 283,760.56 337,421.47 As Calculated:365,130.56 305,000.00 294,407.00 362,687.12 283,760.56 337,421.47 3,500.00$ 15,000.0000 15,000.00$ 7,000.0000 7,000.00$ 12,566.4000 12,566.40$ 3,173.0000 3,173.00$ 3,500.0000 24 Mobilization LS 1 -$ 30,550.0000 30,550.00$ 2,500.00$ 23 TC&P 701801 LS 1 -$ 1.0000 1.00$ 1.0000 1.00$ 1.0000 1.00$ 1.0000 1.00$ 1.0000 1.00$ 1.0000 1.00$ 871.3300 871.33$ 2,100.0000 2,100.00$ 2,000.0000 2,000.00$ 2,000.0000 2,000.00$ 2,500.0000 22 TC&P 701501 LS 1 -$ 2,285.0000 2,285.00$ 10,000.00$ 21 Earth Excavation (Special) LS 1 -$ 2,500.0000 2,500.00$ 6,500.0000 6,500.00$ 6,581.7000 6,581.70$ 1.0000 1.00$ 6,390.0000 6,390.00$ 8,000.0000 8,000.00$ 7.5000 7,500.00$ 7.7300 7,730.00$ 10.5000 10,500.00$ 7.2500 7,250.00$ 10.0000 20 Topsoil F&P-4", Seed, Blanket SY 1,000 -$ 10.3000 10,300.00$ 250.00$ 19 Manhole to Be Adjusted EA 5 -$ 1,200.0000 6,000.00$ 1,200.0000 6,000.00$ 1,146.6000 5,733.00$ 1,092.0000 5,460.00$ 365.0000 1,825.00$ 800.0000 4,000.00$ 100.0000 100.00$ 276.1500 276.15$ 263.0000 263.00$ 150.0000 150.00$ 250.0000 18 F&G Adjust(Special)-Steel Ring EA 1 -$ 370.0000 370.00$ 1,209.00$ 17 Therm Pvt Markings - 24"LF 150 -$ 3.0000 450.00$ 3.0000 450.00$ 9.3500 1,402.50$ 3.0000 450.00$ 6.0000 900.00$ 7.1500 1,072.50$ 1.2500 775.00$ 1.3100 812.20$ 1.2500 775.00$ 1.5000 930.00$ 1.9500 16 Therm Pvt Markings - 6"LF 620 -$ 1.2500 775.00$ 25,764.50$ 15 Detectable Warnings SF 104 -$ 50.0000 5,200.00$ 35.0000 3,640.00$ 36.0500 3,749.20$ 38.0000 3,952.00$ 35.0000 3,640.00$ 40.0000 4,160.00$ 9.7000 22,019.00$ 9.9900 22,677.30$ 13.0000 29,510.00$ 9.7000 22,019.00$ 11.3500 14 P.C.C. Sidewalk - 4"SF 2,270 -$ 11.0000 24,970.00$ 14,520.00$ 13 Conc. Sidewalk Removal SF 2,670 -$ 8.0000 21,360.00$ 3.4000 9,078.00$ 3.5000 9,345.00$ 3.6000 9,612.00$ 3.4000 9,078.00$ 4.0000 10,680.00$ 37.3000 12,309.00$ 38.4200 12,678.60$ 54.0000 17,820.00$ 37.3000 12,309.00$ 44.0000 12 Comb. Conc. C&G - M6.12 LF 330 -$ 75.0000 24,750.00$ 330.00$ 11 Comb. Curb & Gutter Removal LF 330 -$ 15.0000 4,950.00$ 13.8000 4,554.00$ 14.2100 4,689.30$ 28.4000 9,372.00$ 13.8000 4,554.00$ 16.0000 5,280.00$ 50.0000 500.00$ 1.0000 10.00$ 120.0000 1,200.00$ 38.0000 380.00$ 33.0000 10 Class D Patch, Typ4 - 4"SY 10 -$ 10.5000 105.00$ 380.00$ 9 Class D Patch, Typ3 - 4"SY 10 -$ 10.5000 105.00$ 50.0000 500.00$ 1.0000 10.00$ 120.0000 1,200.00$ 43.0000 430.00$ 34.0000 340.00$ 52.0000 520.00$ 1.0000 10.00$ 120.0000 1,200.00$ 50.0000 500.00$ 38.0000 8 Class D Patch, Typ2 - 4"SY 10 -$ 10.5000 105.00$ 920.00$ 7 Class D Patch, Typ1 - 4"SY 10 -$ 10.5000 105.00$ 52.0000 520.00$ 1.0000 10.00$ 120.0000 1,200.00$ 55.0000 550.00$ 39.0000 390.00$ 24.0000 960.00$ 20.0000 800.00$ 15.0000 600.00$ 20.0000 800.00$ 23.0000 6 Agg Base Repair - CA6 TON 40 -$ 20.0000 800.00$ 126,334.00$ 5 Preparation of Base SY 10,489 -$ 0.0100 104.89$ 1.0000 10,489.00$ 0.7200 7,552.08$ 1.0000 10,489.00$ 0.0100 104.89$ 0.6000 6,293.40$ 64.5000 94,750.50$ 69.3000 101,801.70$ 72.0000 105,768.00$ 71.0000 104,299.00$ 86.0000 4 HMA binder Crse IL19,N50-2.5"TON 1,469 -$ 72.5000 106,502.50$ 33,040.35$ 3 HMA Surf Crse IL9.5,N50-1.5"TON 881 -$ 86.4000 76,118.40$ 77.2500 68,057.25$ 83.0500 73,167.05$ 86.0000 75,766.00$ 74.0000 65,194.00$ 89.0000 78,409.00$ 3.8000 39,858.20$ 2.5000 26,222.50$ 6.0000 62,934.00$ 3.5500 37,235.95$ 3.1500 2 HMA Surface Removal - 3.75"SY 10,489 -$ 4.4500 46,676.05$ Unit Price Total Unit Price Total 1 Bituminous Materials Tack Coat LBS 4,772 -$ 0.0100 47.72$ 0.0100 47.72$ 0.0100 47.72$ 0.0100 47.72$ 0.0100 47.72$ 0.0100 47.72$ 2,332,006.88 2,332,010.02 Item No.Item Delivery Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 10.5000 66,948.00$ 12,500.0000 12,500.00$ 1.0000 1.00$ 0.0100 0.01$ 8,272.8000 8,272.80$ 0.9000 3,708.00$ 1.2500 1,600.00$ 3.0000 1,200.00$ 8.9000 7,609.50$ 6.0000 1,350.00$ 15.0000 4,500.00$ 60.0000 6,000.00$ 60.0000 6,000.00$ 60.0000 6,000.00$ 60.0000 6,000.00$ 3.0000 123,759.00$ 6.0000 404,418.00$ 95.0000 874,760.00$ 75.0000 714,000.00$ 1.0000 67,403.00$ Payne & Dolan, Inc. 28435 W. Route 173 Antioch, IL 60002 Bid Bond Unit Price Total 0.0100 474.71$ 1,995,000.00 1,995,000.00 1,200.0000 2,400.00$ 7.5000 47,820.00$ 44,339.3900 44,339.39$ 1,000.0000 1,000.00$ 115,000.0000 115,000.00$ 24.0000 7,200.00$ 52.0000 5,200.00$ 52.0000 5,200.00$ 50.0000 5,000.00$ 50.0000 5,000.00$ 2.0000 82,506.00$ 3.8000 256,131.40$ 77.2500 711,318.00$ 64.5000 614,040.00$ 1.0000 67,403.00$ Curran Contracting Company 286 Memorial Court Crystal Lake, IL 60014 Bid Bond Unit Price Total 0.0100 474.71$ 1,838,817.24 1,838,817.24 2,078,247.96 2,078,247.96 150.0000 7,500.00$ 365.0000 730.00$ 7.2500 46,226.00$ 44,699.0000 44,699.00$ 8,272.8000 8,272.80$ 1.0000 1.00$ 11,500.0000 13,125.00$ 11,500.00$ 1.0000 1.00$ 263.0000 13,150.00$ 1,178.0000 2,356.00$ 0.8200 3,378.40$ 1.5000 1,920.00$ 3.0000 1,200.00$ 6.0000 5,130.00$ 6.0000 1,350.00$ 20.0000 6,000.00$ 55.0000 5,500.00$ 50.0000 5,000.00$ 43.0000 4,300.00$ 38.0000 3,800.00$ 2.0500 84,568.65$ 3.5500 239,280.65$ 74.0000 681,392.00$ 71.0000 675,920.00$ 0.0100 674.03$ Peter Baker and Son Company 1349 Rockland Road Lake Bluff, IL 60044 Bid Bond Unit Price Total 0.0100 474.71$ Proposal Guarantee:Bid Bond See Attached Attendance Sheet Terms: Estimate: Local Public Agency: City of McHenry Time: 10:00 AM Address of Bidder:4401 Roosevelt RoadCounty: McHenry Date: 2/29/2024 Name of Bidder:Builders Paving, LLC Section: 25-00000-01-GM Hillside, IL 60162 -$ 0.0100 474.71$ 0.0100 474.71$ Attended By: LBS 47,471 Unit Price Total Total Approved Engineer's Estimate Item No.Item Delivery Unit Quantity Unit Price Total 1 Bituminous Materials Tack Coat 2 HMA Surface Removal - 1.25"SY 41,253 -$ 2.0000 82,506.00$ -$ 4.4500 299,943.35$ 3 HMA Surface Removal - 3.75"SY 67,403 4 HMA Surf Crse IL9.5,N50-2.0"TON 9,208 -$ 86.4000 795,571.20$ 690,200.00$ 72.5000 690,200.00$ 5 HMA Surf Crse IL9.5,N50-2.5"TON 9,520 6 Preparation of Base SY 67,403 -$ 0.0100 674.03$ 7 Agg Base Repair - CA6 TON Therm Pvt Marking - 12" Therm Pvt Marking - 24" Therm Pvt Marking-Letter&Sym F&G Adjust(Speical)-Steel Ring Manhole to Be Adjusted 9 Class D Patch, Typ2 - 4"SY 8 Class D Patch, Typ1 - 4"SY 12 Therm Pvt Marking - 4"LF 15 LF 300 -$ 20.0000 6,000.00$ 45.0000 4,500.00$ 4,500.00$ 100 -$ 45.0000 100 -$ 1 1 -$ 2,140,760.82 1,922,296.48 Total Base Bid: 1.5000 61,879.50$ 3.0900 208,275.27$ 83.0500 764,724.40$ 0.7000 47,182.10$ 31.0500 29,250.00$ As Read:2,140,760.82 As Calculated: -$ 72.5000 Geske & Sons, Inc. 400 E. Terra Cotta Ave. Crystal Lake, IL 60014-3611 Bid Bond Unit Price 4,105.00$ 31.0500 3,105.00$ 3,105.00$ 41.0500 4,105.00$ 41.0500 20.0000 6,000.00$ 10 Class D Patch, Typ3 - 4"SY 100 45.0000 -$ 4,500.00$ 1,676.80$ 0.9500 3,914.00$ 4,120 -$ 45.0000 4,500.00$ -$ 0.8200 3,378.40$ 1.3100 0.9000 3,708.00$ 1.2500 1,600.00$ 11 Class D Patch, Typ4 - 4"SY 100 -$ 1.5000 1,920.00$ 13 Therm Pvt Marking - 6"LF 1,280 855 -$ 3.0000 1,200.00$ 3.1500 14 LF 400 -$ 6.0000 5,130.00$ 9.3500 3.0000 1,200.00$ 8.9000 7,609.50$ 7,994.25$ 1,260.00$ -$ 1,200.0000 2,400.00$ 1,236.9000 2,473.80$ -$ 370.0000 18,500.00$ 276.1500 13,807.50$ -$ 6.0000 1,350.00$ 6.3000 1,417.50$ 6.0000 1,350.00$ 100.0000 5,000.00$ LS 17 EA 50 16 SF 225 Topsoil F&P-4", Seed, Blanket 18 EA 2 1 20 LS 21 TC&P 701501 TC&P 701801 LS LSMobilization 1 11,988.88$ 13,125.0000 -$ 125,000.0000 1.0500 1.05$ -$ 11,988.8800 125,000.00$ 29,250.0000 -$ 10.7000 68,223.20$ 7.7300 4,500.0000 4,500.00$ 22 1,922,296.48 49,286.48$ 19 SY 6,376 -$ 8,300.0000 8,300.00$ 4,934.1700 4,934.17$ 23 Reinstate Detector Loops Schroeder Asphalt Services, Inc. PO Box 831 Huntley, IL 60142 Bid Bond Unit Price Total 0.0100 474.71$ 1.0000 41,253.00$ 3.1500 212,319.45$ 89.0000 819,512.00$ 86.0000 818,720.00$ 0.6000 40,441.80$ 23.0000 6,900.00$ 39.0000 3,900.00$ 38.0000 3,800.00$ 34.0000 3,400.00$ 33.0000 3,300.00$ 1.1500 4,738.00$ 1.9500 2,496.00$ 3.6500 1,460.00$ 7.1500 6,113.25$ 7.1500 1,608.75$ 250.0000 12,500.00$ 800.0000 1,600.00$ 10.0000 63,760.00$ 19,000.0000 19,000.00$ 4,950.0000 4,950.00$ 6,000.0000 6,000.00$ 1.0000 1.00$ Printed 2/29/2024 BLR 12315 (Rev. 07/16/13) 296 0 FT 1 MILE RADLIFF CT. RO U T E 3 1 CR Y S T A L L A K E A V E ROUTE 1 2 0 SETTLERS CT. BE A C H R D ( N ) BE A C H R D ( S ) PA R K L A N E A V E HUNTER DR GRAUE MILL CT. SPRING CREEK LN. CHARLO T T E A V E S. C A R R I A G E T R A I L FOREST RD. VICTORIA AV E RY A N S T . CORNELL CT. OLDE MILL LN FL O W E R S T ( S ) PARKWAY AVE. SHAMROCK LN. PARK PL BANK DR.KN O X D R . N. R I V E R R D . OAK AVE (W) OAK AVE (E) RO U T E 3 1 CENTRAL ST. BISCAYNE RD. MI L L E R P K W Y . T A N G L E W O O D T R . FLOWER ST (N) PA R K S T ( N ) PA R K S T ( S ) FOXVIEW HIGHLANDS REMMINGTON TR W.GLENBROOK TR. K E N S I N G T O N D R . STREET LENGTH (FT) SETTLERS CT. 324 N BEACH RD 3034 PARK LN AVE 2340 HUNTER 465 GRAUE MILL 489 SPRING CREEK 1188 RADLIFF 507 CHARLOTTE 844 CARRIAGE TR 670 FOREST 1155 VICTORIA 767 RYAN 506 CORNELL 459 OLDE MILL LN 2935 PARKWAY AVE 1640 SHAMROCK LN 1200 PARK/BANK/KNOX 2120 N RIVER RD 651 BOONE CREEK CIR 1603 OAK AVE 1604 N CENTRAL ST 959 BISCAYNE 2286 MILLER PKWY 1033 TANGLEWOOD 831 FLOWER ST 2251 PARK ST 1820 FOXVIEW HIGHLAND 571 REMMINGTON 836 GLENBROOK 1791 KENSINGTON 2616 297 Resolution for Maintenance Under the Illinois Highway Code BLR 14220 (Rev. 12/13/22)Completed03/01/24 District 1 County McHenry Resolution Number Resolution Type Original Section Number 25-00000-01-GM BE IT RESOLVED, by the Governing Body Type Council of the Local Public Agency Type City of Name of Local Public Agency McHenry Illinois that there is hereby appropriated the sum of One-Million DollarsFive-hundred Thousand () $1,500,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from Beginning Date 05/01/24 to Ending Date 04/30/25 . BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that Local Public Agency Type City of Name of Local Public Agency McHenry shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) certified originals of this resolution to the district office of the Department of Transportation. I Name of Clerk Trisha Ramel Local Public Agency Type City Clerk in and for said Local Public Agency Type City of Name of Local Public Agency McHenry in the State of Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Governing Body Type Council of Name of Local Public Agency McHenry at a meeting held on Date 03/18/24 . IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this Day 18 day of Month, Year March, 2024 . (SEAL, if required by the LPA) Clerk Signature & Date APPROVED Regional Engineer Signature & Date Department of Transportation 298 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police Steve Wirch, Public Works Director FOR: March 18, 2024 Regular City Council Meeting RE: Fueling Station ATT: Fueling Station Equipment & Fueling Agreements. Agenda Item Summary: Staff is seeking Council’s authorization for the Mayor to execute a (5) five-year agreement for the use of fueling equipment for City vehicles with RelaDyne and authorization for the City Administrator to sign an annual one-year fuel pricing contract with RelaDyne. Staff is present to answer any questions Council may have. Background: In 2022, staff identified the need to construct a fueling station for all City and police vehicles, to be located at the City’s Public Works facility (we currently contract with an outside fueling company). This topic was brought before Council on May 16, 2022, at which time engineering plans for the construction of a fueling station were approved. After the plans were completed, the cost projection for construction of a fueling station (with an island and canopy) was estimated in excess of $400k. This capital expense was identified in the approved Capital Investment Plan (CIP) for FY 23/24, but it was not funded due to the higher than expected cost and other competing priorities. Over the course of the last seven months, Staff been working on alternative fueling options that would be more cost effective. Analysis: Research of different fueling station options included a review of other local municipality fueling operations. Through this research, Staff identified a local fueling company (RelaDyne Fuel) that would partner with McHenry to install the required tanks and equipment at no cost to the City, other than the purchase of fuel. This proposed setup would not have a canopy or center island. References for RelaDyne include the Village of Algonquin and the Village of Cary, who both have fueling stations installed and maintained by RelaDyne. Attached to this supplement is a copy of the proposed five-year equipment agreement, along with the annual fuel price contract for the first year of service. Approval of these agreements would result in an annual projected cost savings of up to $50,000 compared to the City’s current vendor. Both agreements include acceptable termination language and have been vetted and approved for consideration by the City’s legal counsel. 299 To complete this modified fueling station project, Public Works has installed a concrete pad where the tanks and pumps will be installed. If the City Council approves the project to move forward, staff will also install a security fence around the fueling station. The cost of this fencing (with rolling gate) would be brought back to Council at a later date (after May 1, 2024) and paid entirely from police seizure funds. If approved, this updated fueling station proposal would remove the $400,000+ fueling station capital project from the City’s Capital Investment Plan and would require no additional General Fund contribution. Recommendation: Staff requests City Council authorization to allow the Mayor to execute a five-year equipment agreement with RelaDyne Fuel and authorize the City Administrator to approve all annual re-occurring fuel price contracts with Reladyne Fuel for the term of the equipment agreement. 300 1 FUEL EQUIPMENT LOAN and SUPPLY AGREEMENT This Equipment Loan and Supply Agreement (“Agreement”) is executed this 15th day of March 2024 between Great Lakes Midwest, a RelaDyne Company (hereafter referred to as “Supplier”) with primary place of business at 290 E Joe Orr Rd, Chicago Heights, IL and City of McHenry with primary business location at 333 S. Green St. McHenry, IL 60050 hereafter referred to as “Customer.” Supplier is in the business, among other things, of distributing fuel, motor oil, diesel exhaust fluid, coolants, chemicals, and other petroleum products (“Products”). Customer is in the business of handling or is about to handle Products in its business operation, as a purchaser of such Products from Supplier. Customer agrees to purchase all products that are stored or dispensed through the Equipment listed on Schedule A from Supplier. Customer agrees it will not remove nor alter the equipment. A complete list of the Equipment that Supplier will provide to the Customer under this Agreement will be listed on attached Schedule A. Quantity and Terms: During each one-year period while this agreement is in effect, commencing on the date of this Agreement, Customer agrees to purchase from Supplier not less than 85% of Customer’s total requirement of Products (each and every year) , of which are listed on the table below. Total Volume Total Units Annual Volume Annual Units Description On Road Diesel 80,000 1 Gal. = 1 Unit 87 Gasoline 20,000 1 Gal. = 1 Unit The term of this Agreement shall become effective upon execution hereof and shall continue for a period of five 5 years from the date hereof. This agreement shall automatically renew for successive one (1) year agreement terms until terminated by either party with conditions listed. Termination: 1) This agreement may be terminated by mutual written agreement by both parties and signed by authorized representatives of both Supplier and Customer. 2) This agreement may be terminated by Supplier if Customer fails to purchase 85% of the Annual Volume Requirement. Customer can cure annual requirement shortfall by purchasing additional products which are not listed above, as long as this new volume commitment is amended, in writing, by authorized representatives by both companies. In the event of termination for default, breach, or failure to purchase the required annual volume commitments, Supplier shall be entitled to recover all damages, including but not limited to, all profit Supplier would have received had this agreement been fully performed by Customer. Customer has 30 days to cure following written notification of default. 3) After the first year of this Agreement, Customer may cancel this Agreement, for any reason or no reason at all, upon six (6) months’ written notice to Supplier. Equipment identified in Schedule A will then be immediately returned to Supplier at Customer’s Expense. 4) In the event Customer files for any protection under bankruptcy or debtor protection law, then this agreement shall automatically terminate. Equipment will then be immediately returned to Supplier at Customer’s expense or paid in full based on values listed on Schedule A. Customer agrees that the equipment obtained under this agreement is in good operating condi tion. Customer will, at all times, keep the equipment in good working order, reasonable wear and tear excepted. Damages from neglect or abuse are the financial responsibility of the Customer. This agreement is not assignable by Customer voluntarily, by operation of law, or otherwise except with the written consent of Supplier. Customer hereby grants to Supplier a security interest in the Equipment. This agreement shall constitute a security agreement for the Collateral (Schedule A Equipment). Customer authorizes Supplier to file such statements and documents. Supplier may desire to perfect and continue in effect the security interest of Supplier granted by this Agreement. Unless Customer shall execute a separate Security Agreement with Supplier, the Agreement shall constitute a Security Agreement for Collateral. This agreement embodies the entire agreements in relation to all terms and conditions regarding equipment loans. No oral representations or warranties exist outside of this agreement. No changes are permitted to this agreement unless agreed upon and supported by written agreement between both parties with signatures of authorized representatives. Customer will defend, indemnify, and save harmless Supplier, its officers, shareholders, employees, and agents fr om any and all liability, loss, damage, injury including death, to persons and other casualties to persons or property caused by any leakage, fire, explosion of product stored in tank or dispensed from tank, or in any way arising out of condition or placement at Customer’s business premises. Initials:________________ ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- **Card Reader (IF APPLICABLE) Card reader shall be purchased by the customer Customer will be responsible for the following • Cost of crash post • Electrical • All time and materials on any card reader repairs Initials: NOT APPLCIABLE 301 2 Schedule A Equipment Listing Supplier has placed the following equipment at Customer’s place of business: 2-2500 Gallon Dual Wall Fuel Tank 2-Fill Rite Fuel Pump 311 2-Fuel Filter 51130P 2-High Flow Filter Base 2-1x20 Fuel Hose 1-1GS Diesel Nozzle 1-1GS Gasoline Nozzle 4-6”Emergency Vent 2-68”Fill Gauge 2-68”Leak Gauge 1-Tecalemit Cloud Based Superbox 2-Fuel Hose Retractable Reel 1-Tecalemit Diesel Pulser US027176600 1-Gasoline Pulser 900CDP 2-Nozzle Stand Value: $23,211.00 Signed in the presence of: City of McHenry (Company Name) _________________________________________ By: Witness Printed Name: ________________________________________ Title: Printed Name of Witness Date: (Do Not Complete) Internal Use Only: Insert Branch Name _________________________________________ By: Witness Printed Name: ________________________________________ Title: Printed Name of Witness 302 City of McHenry 2024 Fuel Contract Pricing Reladyne will follow the delivery and pricing structure of this contract for the installed tanks at 1415 Industrial Dr. McHenry, IL 60005. The contract term shall be for one year from the date this document was signed. The parties involved, City of McHenry and Reladyne, reserves the right to extend the contract for (2) two additional (1) one-year periods under the same terms and conditions of the original contract. The City of McHenry and Reladyne also reserve the right to terminate this contract following a discussion for reasoning and given a 30 day notice. The contractor is responsible to make deliveries Monday through Friday between the hours of 7:00 a.m. to 3:30 p.m. Unless discussed. The contractor must make delivery not later than 48 hours after the receipt of an order from a municipality or off installed tank volume monitors. Under circumstances of extreme usage or if an emergency situation exists in the region, deliveries may be required within a 24-hour period. The contractor shall also agree to deliver on Saturdays, Sundays, and Legal Holidays, if an emergency situation exists in the region for a nominal agreed upon fee. Taxes Municipalities will pay the following taxes in the exact amount of the taxes: Illinois Motor Fuel Tax (I.S.M.F.T): Gasoline: $0.454/gallon Multiply $0.19/gallon x percentage of petroleum base fuel ( i.e. Unleaded RFT at 90% Petroleum and 10% Ethanol = .90 x .0019 = .00171) Diesel: $0.529/gallon USA Oil Spill: Gasoline: $0.001926 Diesel: $0.002143 Illinois Environmental Fee: Gasoline: $0.011/gallon Diesel: $0.011/gallon USA Environmental Fee: Gasoline: $0.001/gallon Diesel: $0.001/gallon 303 McHenry County Motor Fuel Tax: Gasoline: $.0470/gallon Diesel: $.047/gallon McHenry Local Motor Fuel Tax: Gasoline: $.030/gallon Diesel: $.030/gallon USA Superfund: Gasoline $.003643/gallon Diesel $.004048/gallon PRICING 87 Octane-Deliveries <6,000 gallons Price per Gallon Terminal Pricing Index (2/23/2024) $2.4065/gal Profit/Overhead $0.18/gal Equipment/Services $0.0200/gal Total Cost/gallon (Net Taxes) $2.6065/gal #2 Diesel Fuel-Deliveries <6,000 gallons Price per Gallon Terminal Pricing Index (2/23/2024) $2.7106/gal Profit/Overhead $0.18/gal Equipment/Services $0.0200/gal Total Cost/gallon (Net Taxes) $2.9106/gal City of McHenry ____________________________________________________ Print Name & Title ____________________________________________________ Authorized Signature Date Reladyne ____________________________________________________ Print Name & Title ____________________________________________________ Authorized Signature Date 304