05/28/2014 Committee of the Whole Agenda Packet

 CITY COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 28, 2014|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – May 14, 2014 Special Presentations and Reports All items listed in section “Special Presentations and Reports” are for informational purposes only. As such, the city council is not expected to take action at this time on any item listed below. A. 2013 Financial Report B. Kids United Program Presentation C. Chicago Street Station Area Plan Presentation Initiatives and Other Items D. Consideration of City Support for the Ride in Kane Program with Pace ($195,733) Objective: Join in a partnership with Pace to provide door to door transportation service for senior citizens and persons with disabilities. E. Consideration of Amendment No 2 with Burns and McDonnell, Inc. to Add Construction Administration Engineering Services for a 2014 Street Rehabilitation Project ($296,176) Objective: Ensure quality infrastructure and strengthen the city’s neighborhoods by administrating the construction of a street rehabilitation project, specifically the Locust Street Rehabilitation project. F. Consideration of Professional Services Agreement with SNAP Consulting and Associates, LLC for Consulting Services for the Diversity and Inclusion Strategic Plan ($30,000) Objective: Provide assistance and professional direction with the creation and implementation of a multi‐phase diversity and inclusion program. COMMITTEE OF THE WHOLE AGENDA May 28, 2014 G. Consideration of Bi‐Annual Renewal of a Resolution in Lieu of Bond for Work Performed by the City in the Illinois Department of Transportation’s Right‐of‐Way (No cost to the City) Objective: Provide city staff with a means to complete repair work in the state’s right‐of‐
way and to expedite issuance of permits. H. Consideration of Proposed Agreement with Classic Enterprises, Ltd., d/b/a Chooch’s Pizzeria, for Downtown Business Loan Interest Subsidy Program ($33,967 over five years) Objective: Utilize the city’s economic development programs to enhance economic vitality and viability in the downtown. I. Consideration of Development Agreement with Multifilm Packaging Corporation (No Outflow of Funds) Objective: Enter into an development agreement to induce both the expansion of an existing manufacturing facility and the purchase and expansion of what will become a 70,000 square‐foot commercial and industrial building that will create approximately thirty new manufacturing jobs. J. Additional Information Regarding the Former Site of the Fox River Country Day School (Costs TBD depending on council direction) (Item must be removed from the table) Announcements from Council Announcements from Staff Adjournment PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931‐6076 or TT/TDD (847) 931‐5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. STRATEGIC PLAN 2013‐2017 ICON KEY Public Safety Neighborhoods Downtown Diverse Workforce Financial Stewardship Economic Development Education & Workforce Development Image and Engagement 2 Special Presentation and Reports A
2013 FINANCIAL REPORT
NO MATERIALS
Special Presentation and Reports B
KIDS UNITED PROGRAM
PRESENTATION
NO MATERIALS
Special Presentation and Reports C
CHICAGO STREET STATION AREA
PLAN PRESENTATION
NO MATERIALS
D
AGENDA ITEM: MEETING DATE: May 28, 2014 ITEM: City Support for the Ride in Kane Program with Pace ($195,733) OBJECTIVE: Join in a partnership with PACE to provide door to door transportation service for senior citi‐
zens and persons with disabilities. RECOMMENDATION: Approve a resolution to fund the city’s contribution to Ride in Kane with Pace in the amount of $195,733. BACKGROUND Since 1994, the city council has approved a series of one‐year agreements with Pace to provide Dial‐a‐Ride services to the residents of Elgin. In February 2008, the Kane County Paratransit Co‐
ordinating Council implemented the Ride in Kane Program. The benefits have included im‐
proved trip economy, expanded service hours and destination flexibility through the door to door transportation service for senior citizens and persons with disabilities. This program is de‐
termined to eliminate the barriers that keep seniors and disabled people from accessing relia‐
ble, affordable transportation in order for them to receive crucial services such as rides to their doctor or hospital for appointments or treatments, pharmacy and grocery stores for medicines and food and transportation to their jobs. The Ride in Kane Program operates 24 hours per day, every day of the year. Reservations must be made seven days in advance of the trip. Trips are provided within the Kane County area through a centralized call center that dispatches taxis, PACE lift‐equipped buses and other ser‐
vice providers for demand‐response, curb‐to‐curb transportation. To participate in the Ride in Kane Program, one must first be registered. Senior Services Associ‐
ates, Inc. registers residents in Elgin. To be eligible, a rider must be 65 years of age or older or person with a disability who has been issued a Regional Transportation Authority (RTA) reduced fare card or an ADA para‐transit service card from the RTA. The registered rider’s cost is $4.00 for the first ten miles and a $1.50 for every mile thereafter. One travel companion (i.e. spouse, friend, etc.) may ride with a registered rider at no additional charge. 1 OPERATIONAL ANALYSIS The total cost for the Ride in Kane program is $948,261. Funding is derived from a PACE subsidy in the amount of $179,893; a federal matching grant in the amount of $375,636; call center grants and call center subsidies totaling $88,080; and, the city’s contribution. The city’s contribution is increasing to $195,733 in 2014 as a result of higher operating costs. PACE’s cost estimate comparison for the years 2012‐2014 is shown immediately below. The cost estimate comparison shows that while Ride in Kane revenue has increased approxi‐
mately eighteen percent since 2012, its expenses have climbed nearly 42 percent during that same time period. With Ride in Kane’s expenses significantly outpacing its revenue increases since 2012, the formula for the city’s contribution to the program has been commensurately increasing. The city’s contribution in 2012 was $77,956. That contribution increased to $117,945 in 2013. It should be noted that the requested 2014 contribution is only an estimate since the actual ridership in a given year cannot be predicted with certainty. The city’s actual contribution for 2013 was $133,053, an amount $15,000 greater than the 2013 cost estimate. As stated above, the city’s contribution for 2014 is rising to $195,733. While Ride in Kane’s rid‐
ership has remained relatively stable during this time period, the duration of the rides has markedly increased, as evidenced by the “vehicle hours” figures shown in the table above. Ride in Kane’s clients are apparently utilizing the service for rides of a greater duration. 2 INTERESTED PERSONS CONTACTED The Ride in Kane sponsor committee is composed of a chairman, staff from PACE, the RTA and Kane County Department of Transportation as well as representatives of the following organiza‐
tions: Aid for Individual Development, Aurora Township, Batavia Township, Blackberry Town‐
ship, Campton Township, City of Elgin, City of Geneva, City of St. Charles, Dundee Township Partners, Hesed House, Kaneville Township, St. Charles Township, Senior Services Associates, Village of Campton Hills, Village of South Elgin, Elgin Township, City of Batavia, Village of Gil‐
berts, INC Board, Marklund and Two Rivers Head Start. FINANCIAL ANALYSIS The annual cost to operate the Ride in Kane Program in 2014 is estimated to be $948,261. Based on past ridership, the cost to the city to participate in this program is expected to be $195,733. The city of Elgin will fund 23 percent (less fare revenue) of the Ride in Kane Program, while a PACE subsidy, federal matching grant and a call center grant and subsidy will fund the remaining 77 percent. The local share estimate of $195,733 equates to an increase of $62,680 from the previous year’s actual expenses of $133,053. The increase in cost for the city’s local share according to PACE, is a rise in miles driven along with a small growth in ridership. The 2014 Riverboat budget included an allocation of $120,000 for the Ride in Kane Program. The estimated increase in program costs will require the use of contingency funds to supplement the existing budget. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT BUDGETED AMOUNT AVAILABLE Riverboat 275‐0000‐791.80‐43 $120,000 $120,000 Riverboat 275‐0000‐791.84.01 $100,000 $100,000 LEGAL IMPACT A PACE subsidy agreement between the city of Elgin and Pace will need to be executed. A New Freedom/JARC service agreement between the city of Elgin and AID will also need to be exe‐
cuted. ALTERNATIVES The city council may choose not to approve the financial contribution towards the local share cost, thereby electing not to participate in the Ride in Kane Program. 3 NEXT STEPS 1.
Execute the 2014 PACE subsidy agreement. 2.
Execute the New Freedom/JARC service agreement. 3.
Provide monthly payments to PACE per the executed service agreement. 4.
Continue to monitor registration, ridership and customer feedback reports. Originators: Final Review: Dave Waden, Senior Planner Sarosh Saher, Senior Planner Marc Mylott, Community Development Director Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Ride in Kane New Freedom/JARC Service Agreement and 2014 PACE Subsidy Agreement 4 RIDE%IN%KANE%
PACE%SUBSIDY%AGREEMENT%
City%of%Elgin%
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This% agreement% is% made% this% 11th% day% of% June,% 2014,% by% and% between% the% Suburban% Bus% Division% of% the% “Regional%
Transportation%Authority%(RTA),%%operating%under%the%name%of%and%hereinafter%referred%to%as%“Pace”%and%the%City%of%
Elgin,%herein%referred%to%as%“the%City”.%
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WHERAS,% the% RIK% NFI/JARC% Agreement% provides% for% the% City% to% satisfy% the% local% share% for% the% eligible% mobility%
management% costs% of% the% project% for% its% registered% riders% and% the% % local% share% for% eligible% operating% costs% of% the%
project%at%no%less%than%50%percent%of%the%net%cost%for%its%registered%riders.%
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WHERAS,%Pace%hereby%agrees%to%subsidize%the%City%service%under%the%RIK%MFI/JARC%Agreement%by%contributing%funds%
in%the%amount%not%to%exceed%$179,893%as%long%as%Pace%funds%are%available.%%
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NOW,%THERFORE,%in%consideration%of%the%mutual%promises%herein%set%forth,%the%parties%agree%as%follows:%
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%%%%%%%TERM%^%This%agreement%will%be%in%effect%beginning%January%1,%2014%and%ending%December%31.%2014%
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PACE% SUBSIDY% –% The% maximum% subsidy% shall% be% the% lesser% of% the% amounts% calculated% in% each% of% the% following%
ways:%
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1. %%%%%%%%%75%%of%the%projected%Operating%Deficit%in%the%Approved%Budget;%or%
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2. %%%%%%%%%75%%of%the%actual%Operating%Deficit;%or%$179,893%as%long%as%Pace%funds%are%available.%
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BILLING%–%Pursuant%to%the%RIK%NFJ/JARC%Agreement,%Pace%shall%bill%the%City%on%a%monthly%basis%for%50%%%%%%%%percent%
of% the% net% operating% costs% of% the% service% and% a% portion% of% the% mobility% management% costs% that% may% exceed%
funding% hereunder% less% the% remaining% monthly% Pace% subsidy% for% its% eligible% riders.% % The% City% agrees% to% make%
payment%to%Pace%due%within%thirty%days%of%receipt%of%billing.%%Payment%shall%be%sent%to:%
%%%%%%%%%%%%%%%%%%%%Pace%Suburban%Bus%Service%
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550%W.%Algonquin%Road%%
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Arlington%Heights,%IL%%60005%
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Attn:%Accounting%Department%
PACE% %
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By:%
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Thomas%J.%Ross,%Executive%Director%
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Date:%%%%_________________________%
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Attest:%%_________________________%
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CITY%OF%ELGIN%
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By:%%%_________________________%%%%
%%%%%%%%%David%Kaptain,%Mayor%
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Date:%_________________________%
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Attest:%________________________%
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Kimberly%Dewis,%City%Clerk%
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Date:%_________________________%
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RIDE IN KANE
NEW FREEDOM/JARC SERVICE AGREEMENT
Phase 9, 10, 11 and 12
Projected Service dates: May 2014 through June 2016 (Phase 9 through Phase 12 grant cycle)
THIS AGREEMENT is made this
day of
, 2014, by and in between the Association
for Individual Development (hereinafter referred to as “AID”) and City of Elgin (herein after referred to as
“City of Elgin”).
"WHEREAS, the Regional Transportation Authority, as designated recipient of federal New
Freedom and JARC funds has agreed to allow AID, as grantee, to apply for certain federal funds for the Ride
in Kane Program, in accordance with the New Freedom and JARC Program; the Technical Services
Agreement between RTA and AID; and the application made to RTA by AID;"
WHEREAS, Ride in Kane Sponsors are Aurora Township, City of Elgin, Elgin Township,
Association for Individual Development, Senior Services Association, Dundee Township, City of Geneva,
City of St. Charles, St. Charles Township, City of Batavia, Batavia Township, Village of Gilberts, Village of
South Elgin, Blackberry Township, Northwest Housing, Campton Township, Village of Campton Hills,
Kane County and Hesed House (collectively referred to as “Ride in Kane Sponsors”).
WHEREAS, Ride in Kane Sponsors requested and AID has agreed to make application to the
Federal Transit Administration for a Federal Fiscal Years 2014-2016 New Freedom Grant and a Federal
Fiscal Year 2014-2016 JARC grants in the amount of $1.4 million each year which will fund the federal
portion of Ride in Kane Service;
WHEREAS, under the New Freedom and JARC the federal share of eligible capital/mobility
management and planning costs may not exceed 80 percent of the net cost of the project and the federal share
of the eligible operating costs may not exceed 50 percent of the net operating costs of the project;
WHEREAS, Ride in Kane Sponsors agree to fund the local share/non federal portion of the New
Freedom and JARC grants in the amount of $1.4.
WHEREAS, City of Elgin agrees to satisfy a portion of the local share of the eligible mobility
management costs of the project for its registered riders and a portion of the local share for the eligible
operating costs of the project at no less than 50 percent of the net cost for its registered riders by committing
funds in the amount of $195,733 each fiscal year;
WHEREAS, AID as Grantee of New Freedom and JARC Funding has agreed to enter into an
Agreement with PACE in order for PACE to provide the services more specifically set forth herein;
WHEREAS, the Ride in Kane Sponsors agree to comply and cooperate with all applicable
provisions of the New Freedom and JARC Program Guidance and Application Instructions as set forth in
Federal Transit Administration Circular C 9045.1 and Circular C 9050.1 which is incorporated by reference
and made a part of this Agreement as though fully set forth thereto;
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree
as follows:
1.
Description of Service: The Ride in Kane services are described in Exhibit A attached
hereto and made a part hereof. PACE shall be responsible for providing all transportation services in
connection with the Ride in Kane Program.
2.
Service Parameters: City of Elgin agrees to ensure that the service parameters for their eligible riders
in Ride in Kane shall be in compliance with the goals and objectives of the New Freedom and JARC
grants and FTA C 9045.1 and FTA C 9050.1 which is incorporated by reference and made a part of
this Agreement as though fully set forth herein. Any change in the service parameters must be in
compliance with the FTA New Freedom and JARC regulations. In addition, City of Elgin agrees to
comply and cooperate with all applicable provisions of the New Freedom and JARC Program Federal
Transit Administration (FTA) Statutory References 49 U.S.C. Section 5317 and 49 U.S.C. Section
5316 that is incorporated by reference and made a part of this Agreement as though fully set forth
herein.
3.
Term: This Agreement shall remain in effect for as long as there are sufficient funds to support the
service unless either party terminates the agreement pursuant to paragraph 7.
4.
Billing: Pace shall bill monthly, City of Elgin a portion of the local share of the eligible mobility
management costs of the project for its registered riders and a portion of the local share for the
eligible operating costs of the project at no less than 50 percent of the net cost for its registered riders;
City of Elgin agrees to make payment to Pace due within thirty days of receipt of billing. Payment
shall be sent to:
Pace Suburban Bus Services
550 W. Algonquin Road
Arlington Heights, IL 60005
Attn: Accounting Department
5.
Reporting: City of Elgin agrees to provide AID a copy of the monthly invoice for services received
from Pace along with a copy of proof of payment.
6.
Service Provision: Neither Pace nor AID shall be responsible for any failure to provide the Service
due to circumstances beyond the control of Pace. It shall be the sole responsibility of Pace to make
every reasonable effort to restore Service as soon as practical under the circumstances. Pace shall
have the right to make minor revisions to the Service during the term of this Agreement upon written
notification to and concurrence by AID. AID shall not be held responsible for any failure of PACE to
provide service due to circumstances beyond the control of AID.
7.
Termination: Either party may terminate this agreement with forty-five (45) days written notice.
However, outstanding payments due and owing shall survive termination of the agreement.
8.
Complete Agreement: This Agreement constitutes the entire agreement between the parties hereto.
Any proposed change to this Agreement shall be submitted to AID for its prior approval. No
modification, addition or deletion to this Agreement shall be effective unless and until such changes
are reduced to writing and executed by the authorized officers of each party.
9.
Notices: All notices due to the other party shall be delivered as follows unless and until otherwise
directed
If to: Association for Individual Development:
If to
Association for Individual Development
309 West New Indian Trail Court
Aurora, IL 60506-2494
Attn: Lynn O’Shea, President
City of Elgin
150 Dexter Ct
Elgin, IL 60120
Attn. Sean R. Stegall, City Manager
10.
Governing Law: This Agreement shall be construed in accordance with the laws of the State of
Illinois.
11.
The parties agree that the preamble and whereas clauses are terms of this Agreement as though fully
set forth hereunder.
12.
This Agreement has been duly authorized by the proper authorities of AID and City of Elgin
13.
Compliance with Policies and Procedures. City of Elgin hereby agrees to adhere to all Ride in Kane
Program policies and procedures as determined by AID, PACE, and the Regional Transportation
Authority (the "RTA").
14.
Miscellaneous.
A.
City of Elgin acknowledges that it if makes a false, fictitious, or fraudulent claim, statement,
submission, or certification to the United States or to the State of Illinois in connection with the Ride
in Kane Program, they reserve the right to impose on the Sponsor the penalties of 18 USC 1001, 49
USC 5307, 31 USC 3801, and 49 CFR 31, as they may deem appropriate.
B.
City of Elgin acknowledges that federal and state governmental requirements may change and
the changed requirements will apply to the Project as required. City of Elgin acknowledges that a
reference to a specific law in this Agreement is considered to be a reference to 1) such law as it may
be amended, modified, or supplemented from time to time, 2) all regulations and rules pertaining to
or promulgated pursuant to such law, 3) the successor to the law resulting from recodification or
similar reorganizing of laws and 4) all future laws pertaining to the same or similar subject matter.
IN WITNESS WHEREOF: the parties hereto have caused the Agreement to be made effective as
the date set forth above and executed by their duly authorized officials.
ASSOCIATION FOR
INDIVIDUAL DEVELOPMENT
By:
CITY OF ELGIN
By:
Lynn O’Shea, President
Date:
David J. Kaptain, Mayor
Date:
Exhibit A – Ride in Kane
TRANSPORTATION SERVICES
ASSOCIATION FOR INDIVIDUAL DEVELOPMENT
TYPE OF SERVICE:
Demand Response service. Service levels will not exceed limits
dictated by funding levels stipulated in this agreement.
SERVICE OPERATED BY:
Contractors including: Private Paratransit providers, Taxi Cab
Companies, Other Qualified Providers of Transportation
services.
MOBILITY MANAGEMENT:
Private Contractor will provide a mobility management service.
This includes operations of a central call center for service
access by consumers, data management and trip management.
Mobility management may include passenger assessments for
the purpose of travel planning and passenger training.
TRIP RESERVATION METHOD:
Reservations shall be accepted at the Pace central call center a
maximum of seven (7) days in advance of the day service for an
eligible trip request or as directed by Pace.
Trips, which previously were provided as subscriptions, will
continue to be provided as subscriptions, as defined and
approved by Pace.
Trips requested with less than one (1) day but more than four
(4) hours advance notice from the desired pick up time may be
honored to the extent that the request can be accommodated
within the framework of the day’s schedule. Trip requests
having over one (1) day notice from the desired pick up time
shall be accommodated.
SERVICE MODE:
A transit vehicle, either a paratransit bus or taxi, will be
deployed that is identified to be the most cost effective, efficient
and appropriate to provide service.
SERVICE AREA:
Trips shall be provided within the Kane County area and
surrounding counties as authorized by the AID.
SERVICE HOURS:
Twenty-four (24) hours a day, seven (7) days a week, three
hundred sixty-five (365) days a year.
FARE STRUCTURE:
$ 4.00 per one-way trip up to ten (10) miles; $ 1.50 per 1 mile
thereafter; Airport fares at the established discount fare, or as
determined by the Sponsors.
RIDER ELIGIBILITY:
The Sponsor shall be responsible for determining and retaining
records of rider eligibility in accordance with JARC and NEW
FREEDOM funding eligibility requirements and provide the
information on eligible riders to AID upon request.
Exhibit B – Ride in Kane
REPORT(S) DESCRIPTION
The following is a list and brief description of each category of reports which have been designed and are
being produced to generate data for the Ride in Kane project.
1.
Detailed Funding Source (Sponsor) Report
The intent of this report is to produce a detailed listing of one-way trips delivered for each Ride in
Kane funding sources (sponsor) for a user specified period of time. The normal report period
would be monthly, but the report is intended to have the flexibility to produce data for shorter or
longer periods as specified by the user.
The report is intended to match the design and content, as closely as possible, of the Detailed
Provider Report. Data provided for each trip will include associated trip data such as rider name,
scheduled pick-up time, actual pick-up time, point of origin address, destination address, funding
sources (sponsors), total cost of the trip, fare for the trip, distance of the trip, revenue hours (if
applicable). The exact content of the report in its final form may vary depending on the feasibility
of including the large amount of data specified in one report. It is possible that the report may be
broken into one or more additional reports to make the data more manageable for the user.
Plans call for the report to be sorted by provider, funding source, rider, and fare type.
2.
Monthly Source (Sponsor) Invoice Report
The intent of this report is to produce one or more summary reports of trips delivered for each
funding sources (sponsor) for the purposes of generating an invoice type report which may be used
to bill funding sources for transportation provided. The normal report period would be monthly,
but the report is intended to have the flexibility to produce data for shorter or longer periods
specified by the user.
Data provided for each trip will include associated trip data necessary to provide an accounting of
the amount owed by each funding source for the specified period, such as the number of one-way
trips by Fare Type, total cost of the trips, total expected fare, liquidated damages deducted, the
total net reimbursement. The exact content of the port in its final form may vary depending on
Pace and provider needs. The report may be broken into one or more additional reports if that
design is more useful.
Plans call for the report to be sorted by provider, funding source, fare type, and rider.
3.
Missed Trip Report
The Missed Trip Report is intended to produce a list of all trips picked up 61 or more minutes after
the scheduled time; the Ride in Kane service guideline defining a missed trip. Sufficient detail
will be provided to identify the trip within Trapeze and to give the report user the necessary
information for review.
4.
On-Time Performance Report
The On-Time Performance Report (late pickups) is intended to produce a list of all trips picked up
16 or more minutes late, the Ride in Kane service guideline defining a late trip. Sufficient detail
will be provided to identify the trip within Trapeze and to give the report user the necessary
information for review.
5.
Other Reports
In addition to the reports described above, reports currently generated can also be made available.
Reports currently available include:
Ridership by Category Report – A summary report by funding source indicating trips by fare
type, late trips, missed trips, revenue hours, denials, and miles.
Client Trip List Report - A detailed listing alphabetically by rider last name of all trips provided
during the specified period. Data included for each trip is rider name, pick-up address, drop-off
address, fare type, and funding sources.
Customer Feedback Report – A summary of issues reported by consumers including sponsor,
provider, issue, status.
Ride in Kane Comparison - A summary comparing prior two years data including trip count,
registrations, gross cost per trip average, sponsor cost per trip average, trip mileage, and ADA
trips.
Future Needs – Additionally reports may be designed as needed by Pace, Ride in Kane Sponsors, and
with the input of the Kane County Paratransit Coordinating Council.
E
AGENDA ITEM: MEETING DATE: May 28, 2014 ITEM: Amendment No 2 with Burns and McDonnell, Inc. to Add Construction Administration Engineer‐
ing Services for a 2014 Street Rehabilitation Project ($296,176) OBJECTIVE: Ensure quality infrastructure and strengthen the city’s neighborhoods by administrating the construction of a street rehabilitation project, specifically the Locust Street Rehabilitation pro‐
ject. RECOMMENDATION: Amend the current professional services agreement with Burns and McDonnell, Inc. to add con‐
struction administration services in the amount of $296,176. BACKGROUND The original agreement with Burns and McDonnell, Inc. for the 2014 Street Rehabilitation and Combined Sewer Separation – Standish/Elm Project Number 340054 was approved on February 27, 2013. Included in the agreement was design engineering services for water main, sanitary and storm sewer replacement and repairs as well as the design effort for a street rehabilitation project. On May 8, 2013, the Water Department presented to city council an amendment to this agreement to add sanitary sewer design related to the Lord Street Combined Sewer Sepa‐
ration. The original engineering service agreement (design) and this first amendment (also de‐
sign) provided the design of street rehabilitation, storm and sanitary sewers for a large area in the southwest quadrant of the city. The attached amendment agreement (construction admin‐
istration) will provide for construction oversight for a portion of the overall design. The remain‐
der of the designed work is planned to go out to bid and constructed over the next few years. This first phase has been named the Locust Street Project and will result in street rehabilitation, storm sewer, sanitary sewer and water main improvements and ancillary improvements along a couple of streets including Locust, Chicago and Crystal. The construction administration provided by the attached amendment will provide construc‐
tion oversight in improving approximately 4,000 lineal feet of storm sewer and 0.2 miles of city streets, as well as small amounts of sanitary sewer and water main. The award of the construc‐
tion contract for the Locust Street Project was completed on May 14, 2014 as Bid 14‐006. The 1 attached amendment agreement will provide the typical construction engineering services for the projects. The services will include observation of construction procedures, quality control quantity documentation and contractor payment processing. OPERATIONAL ANALYSIS The attached amendment will provide the construction administrative effort necessary to in‐
sure the city receives the best possible infrastructure and coordination on this significant pro‐
ject, street rehabilitation with utility replacements. The street rehabilitation project, once con‐
structed, will alleviate the typical maintenance effort provided by public works for water main breaks, pot hole patching, damaged sidewalks and curbs, sewer problems and relative issues for years to come. The street rehabilitation projects have historically improved the image of a neighborhood and encouraged private property improvements thus increasing the property values. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Amendment No. 2 to the agreement with Burns and McDonnell, Inc. will total $296,175.72. The original agreement, amendment agreement No. 1 and this amendment agreement No. 2 will total $1,101,919.44. The amendment agreement No. 2 fee includes $6,000 for water main, $216,000 for sewer work and $75,000 for street work. The total cost of the project including construction and engineering services is approximately $4,353,000. The amount available noted below reflects the budgeted funds after the bid awards for construction. BUDGET IMPACT FUND(S) ACCOUNT(S)
PROJECT #
AMOUNT AMOUNT BUDGETED AVAILABLE
Capital Improvements 385‐0000‐795.92‐41 340067 $3,000,000 $296,200 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to authorize Amendment No. 2 to the agreement with Burns and McDonnell, Inc. This option will require the previously awarded construction contract to have its oversight conducted by another entity. 2 NEXT STEPS 1.
Execute the amendment. 2.
Issue directive to engineer to begin work. Originators: Final Review: Joseph Evers, City Engineer Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A.
Amendment No. 2 to Agreement 3 Attachment A
Engineering Services Amendment
Agreement
With
Burns and McDonnell
For
Construction Administration for
2014 Neighborhood Street Rehabilitation
Locust Street
F
AGENDA ITEM: MEETING DATE: May 28, 2014 ITEM: Professional Services Agreement with SNAP Consulting and Associates, LLC for Consulting Ser‐
vices for the Diversity and Inclusion Strategic Plan ($30,000) OBJECTIVE: Provide assistance and professional direction with the creation and implementation of a multi‐
phase diversity and inclusion program. RECOMMENDATION: Approve the execution of a professional services agreement for services with SNAP Consulting and Associates, LLC. in the amount of $30,000. ______________________________________________________________________________ BACKGROUND At its 2012 retreat, the city council identified workplace and vendor diversity and inclusion as a strategic priority. Phil Reed, owner of SNAP Consulting and Associates, LLC, was hired at that time to assist staff in the establishment of a diversity committee and to guide the team in the creation of a diversity and inclusion strategic plan. The plan was created and presented to council at its March 6, 2013 committee of the whole meeting and discussed further at the March 1, 2014 retreat. Last year council authorized an agreement to continue Mr. Reed’s pro‐
fessional services which included analyzing the city’s workforce demographics and vendor spend and conducting interviews with council members. The diversity and inclusion strategic priority has been characterized as “a marathon, not a sprint” and thus requires ongoing assistance from a subject matter expert. The city should con‐
tinue utilizing SNAP’s services to maintain the momentum and progress of the diversity com‐
mittee. OPERATIONAL ANALYSIS The diversity and inclusion initiative requires organization‐wide cultural and operational chang‐
es. Phil Reed is a subject matter expert who has the credibility and experience to continue to shepherd city staff through these transformations. Phil Reed has over 25 years of experience as an internal and external consultant in the areas of diversity and inclusion, organizational devel‐
opment, change management and supplier diversity. Mr. Reed has experience in gaining lead‐
ership commitment for such programs and assisting with creation of measurable outcomes. Mr. Reed is familiar with Elgin, its senior leadership, its non‐profit organizations and the Human Re‐
lations Commission. He has worked closely with the multi‐departmental Diversity Committee for over a year. Given his familiarity with the city and wealth of experience, he is the ideal per‐
son to lead the city through this organizational change. INTERESTED PERSONS CONTACTED The diversity committee, consisting of staff members and representatives of the Human Rela‐
tions Commission, and the Elgin Human Relations Commission were contacted regarding the proposed agreement. FINANCIAL ANALYSIS In order to further the diversity and inclusion strategic priority staff recommends executing a professional services agreement with SNAP Consulting and Associates, LLC. in the amount of $30,000. SNAP consulting has previously assisted staff with the establishment of a diversity team, creation of a diversity and inclusion strategic plan, analysis of the city’s workforce de‐
mographics and vendor spend as well as performing interviews with council members. The total cost of these services was $28,637.50. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT BUDGETED AMOUNT AVAILABLE General 010‐0601‐714.30‐99 N/A $30,000 $30,000 LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance which re‐
quires approval by two thirds of the members of the city council. ALTERNATIVES The city council may choose not to enter into a professional services agreement for consulting services from SNAP Consulting and Associates, LLC. The city could look for another consultant with less familiarity with the city and the diversity/inclusion plan or rely upon staff to create, implement and monitor the diversity and inclusion strategic priority. 
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NEXT STEPS Execute the professional services agreement with SNAP Consulting and Associates, LLC. ______________________________________________________________________________ Originators: Gail Cohen, Human Resources Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ______________________________________________________________________________ ATTACHMENTS A. Professional Services Agreement with SNAP Consulting and Associates, LLC 
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AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of _________, 2014, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
“CITY”) and SNAP Consulting and Associates, LLC an Illinois ____________ (hereinafter
referred to as “CONSULTANT”).
WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain
professional services in connection with the CITY’S diversity program (hereinafter referred to as
the “PROJECT”); and
WHEREAS, the CONSULTANT represents that has the necessary expertise and
experience to furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the CITY and the
CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration
of the mutual promises and covenants contained herein, the sufficiency of which is hereby
acknowledged to perform the services relating to the PROJECT as described herein, subject to
the following terms and conditions and stipulations, to-wit:
1.
2.
3.
SCOPE OF SERVICES
A.
All work hereunder shall be performed under the direction of the Human
Resource Director of the CITY, herein after referred to as the “DIRECTOR”.
B.
The CONSULTANT shall perform the services relating to the PROJECT as
outlined in Attachment A hereto and incorporated herein by referenced.
SCHEDULE AND PROGRESS REPORTS
A.
CONSULTANT shall commence with the services upon the entry into this
Agreement as shall complete same on or before December 31, 2014.
B.
CONSULTANT shall provide the DIRECTOR progress reports as requested by
the DIRECTOR and with the submission of invoices.
WORK PRODUCT
All work product prepared by the CONSULTANT pursuant hereto including, but not
limited to, reports, plans, designs, calculations, work drawings, studies, photographs,
models and recommendations shall be the property of the CITY and shall be delivered to
the CITY upon request of the DIRECTOR; provided, however, that the CONSULTANT
may retain copies of such work product for its records. CONSULTANT’s execution of
this Agreement shall constitute CONSULTANT’s conveyance and assignment of all
right, title and interest, including but not limited to any copyright interest, by the
CONSULTANT to the CITY of all such work product prepared by the CONSULTANT
pursuant to this Agreement. The CITY shall have the right either on its own or through
such other consultants as determined by the CITY to utilize and/or amend such work
product. Any such amendment to such work product shall be at the sole risk of the
CITY. Such work product is not intended or represented to be suitable for reuse by the
CITY on any extension to the PROJECT or on any other project, and such reuse shall be
at the sole risk of the CITY without liability or legal exposure to the CONSULTANT.
4.
5.
6.
PAYMENTS TO THE CONSULTANT
A.
For services provided the CONSULTANT shall be paid at the rate of $150.00 per
hour with the total fee not to exceed $30,000 regardless of the actual costs
incurred or time expended by the CONSULTANT.
B.
The CITY shall make periodic payments to the CONSULTANT based upon
actual progress within thirty (30) days after receipt and approval of invoice. Full
payment for each task shall not be made until the task is completed and accepted
by the DIRECTOR.
INVOICES
A.
The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports will be included with all payment requests.
B.
The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT for work
done under this Agreement. The CONSULTANT shall make these records
available at reasonable times during the Agreement period and for one (1) year
after termination of this Agreement.
TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the CITY may terminate this Agreement at
any time upon fifteen (15) days prior written notice to the CONSULTANT. In the event
that this Agreement is so terminated, the CONSULTANT shall be paid for services
actually performed and reimbursable expenses actually incurred prior to termination,
except that reimbursement shall not exceed the task amounts set forth under Paragraph 4
above.
7.
TERM
This Agreement shall become effective as of the date the CONSULTANT is given a
notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be
deemed concluded on the date the CITY determines that all of the CONSULTANT’s
work under this Agreement is completed. A determination of completion shall not
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constitute a waiver of any rights or claims which the CITY may have or thereafter
acquire with respect to any term or provision of this Agreement.
8.
NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY, the CONSULTANT shall give written notice of his claim
within fifteen (15) days after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the CONSULTANT’s fee
shall be valid only to the extent that such changes are included in writing signed by the
CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to
a claim submitted by the CONSULTANT, all work required under this Agreement as
determined by the DIRECTOR shall proceed without interruption.
9.
BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen (15) days
after notice thereof by the other party to comply with the conditions of the Agreement,
the other party may terminate this Agreement. Notwithstanding the foregoing, or
anything else to the contrary in this Agreement, with the sole exception of an action to
recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to
Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the
CITY for monetary damages. CONSULTANT hereby further waives any and all claims
or rights to interest on money claimed to be due pursuant to this Agreement, and waives
any and all such rights to interest which it claims it may otherwise be entitled pursuant to
law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS
501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as
amended. The parties hereto further agree that any action by the CONSULTANT arising
out of this Agreement must be filed within one year of the date the alleged cause of
action arose or the same will be time-barred. The provisions of this paragraph shall
survive any expiration, completion and/or termination of this Agreement.
10.
INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, agents, boards and
commissions from and against any and all claims, suits, judgments, costs, attorneys fees,
damages or other relief, including, but not limited to, workers’ compensation claims, in
any way resulting from or arising out of negligent actions or omissions of the
CONSULTANT in connection herewith, including negligence or omissions of employees
or agents of the CONSULTANT arising out of the performance of this Agreement. In the
event of any action against the CITY, its officers, employees, agents, boards or
commissions, covered by the foregoing duty to indemnify, defend and hold harmless such
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action shall be defended by legal counsel of the CITY’s choosing. The provisions of this
paragraph shall survive any expiration, completion and/or termination of this Agreement.
11.
NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the CITY shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of
their execution, approval or attempted execution of this Agreement.
12.
INSURANCE
A.
Comprehensive Liability. The CONSULTANT shall provide, pay for and
maintain in effect, during the term of this Agreement, a policy of comprehensive
general liability insurance with limits of at least $1,000,000 aggregate for bodily
injury and $1,000,000 aggregate for property damage.
The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty (30) days prior written notice to the DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by
the CONSULTANT under Paragraph 10 entitled “Indemnification”.
This insurance shall be primary and non-contributory to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance.
B.
Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned, non-owned and hired motor vehicles with limits of
not less than $500,000 per occurrence for bodily injury and/or property damage.
C.
Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
D.
Professional Liability. The CONSULTANT shall carry CONSULTANT’s
Professional Liability Insurance covering claims resulting from error, omissions
or negligent acts with a combined single limit of not less than $1,000,000 per
claim. A Certificate of Insurance shall be submitted to the DIRECTOR as
evidence of insurance protection. The policy shall not be modified or terminated
without thirty (30) days prior written notice to the DIRECTOR.
13.
INTENTIONALLY OMITTED
14.
NONDISCRIMINATION
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In all hiring or employment made possible or resulting from this Agreement, there shall
be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification,
and this requirement shall apply to, but not be limited to, the following: employment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds
of sex, race, color, creed, national origin, age except minimum age and retirement
provisions, marital status or the presence of any sensory, mental or physical handicap.
Any violation of this provision shall be considered a violation of a material provision of
this Agreement and shall be grounds for cancellation, termination or suspension, in whole
or in part, of the Agreement by the CITY.
15.
ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto; provided, however, that no assignment shall be
made without the prior written consent of the CITY.
16.
DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the CONSULTANT shall remain liable to the
CITY with respect to each and every item, condition and other provision hereof to the
same extent that the CONSULTANT would have been obligated if it had done the work
itself and no assignment, delegation or subcontract had been made. Any proposed
subcontractor shall require the CITY’s advanced written approval.
17.
NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18.
SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Agreement shall remain in full force
and effect.
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19.
HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement, nor shall they be construed to
affect in any manner the terms and provisions hereof or the interpretation or construction
thereof.
20.
MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged or extended except
by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in
writing herein or in a duly executed amendment hereof, or change order as herein
provided.
21.
APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes
or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court
of Kane County, Illinois.
22.
NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said
documentation becoming matters of public record.
23.
COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY’s employ or
any work associated with the PROJECT.
24.
INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT certifies hereby that it is not barred from bidding on this contract as
a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
25.
SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have written sexual harassment
policies that include, at a minimum, the following information:
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A.
the illegality of sexual harassment;
B.
the definition of sexual harassment under state law;
C.
a description of sexual harassment, utilizing examples;
D.
the vendor’s internal complaint process including penalties;
E.
the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights
Commission;
F.
directions on how to contact the department and commission;
G.
protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies shall be provided by CONSULTANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26.
INTENTIONALLY OMITTED
27.
WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT to the
DIRECTOR and to other participants which may affect cost or time of completion, shall
be made or confirmed in writing.
The DIRECTOR may also require other
recommendations and communications by the CONSULTANT be made or confirmed in
writing.
28.
NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A.
As to the CITY:
Gail Cohen
Human Resource Director
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B.
As to the CONSULTANT:
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29.
Snap Consulting and Associates, LLC.
____________________________
____________________________
COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONSULTANT shall comply with all applicable federal, state, city and other
requirements of law, including, but not limited to, any applicable requirements regarding
prevailing wages, minimum wage, workplace safety and legal status of employees.
Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants
to the CITY that all CONSULTANT’s employees and/or agents who will be providing
products and/or services with respect to this AGREEMENT shall be legal residents of the
United States. CONSULTANT shall also at its expense secure all permits and licenses,
pay all charges and fees and give all notices necessary and incident to the due and lawful
prosecution of the work, and/or the products and/or services to be provided for in this
AGREEMENT. The CITY shall have the right to audit any records in the possession or
control of the CONSULTANT to determine CONSULTANT’s compliance with the
provisions of this paragraph. In the event the CITY proceeds with such an audit the
CONSULTANT shall make available to the CITY the CONSULTANT’s relevant records
at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any
such audit.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement effective as of the date and year first written above.
CITY OF ELGIN:
By:
Sean Stegall, City Manager
Attest:
City Clerk
CONSULTANT:
By:
Name/Print:
Title:
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ATTACHMENT A
SCOPE OF WORK
Meeting Attendance
1. Attend Diversity Committee Meetings and workgroup meetings
2. Attend City Council meetings as subject matter expert upon request by the city
Meeting Design and Facilitation
1. Create agenda for approval of Human Resources Director for Diversity Committee
meetings
2. Facilitate and manage Diversity Committee meetings
3. Provide meeting minutes to all members
4. Attend and facilitate workgroup meetings as necessary
Reports
1. Provide “Year in Review” report summarizing efforts and accomplishments by the
Diversity Committee
2. Development of 2014 milestone calendar
Diversity Committee 2014 Actions, Strategies and Tasks
1. Provide assistance and facilitation to the Leadership Committee with the following:
a. Development of formal Diversity Council Charter
b. Identification of “best in class” municipalities
c. Development of “talking points” for city leaders
2. Provide assistance and facilitation to the Workforce Committee with the following:
a. Development of suggestions regarding the Board of Fire and Police
Commissioner for submission to city council
3. Provide assistance and facilitation to the Program and Service Delivery Committee with
the following:
a. Development of gap analysis
b. Benchmark city program and services against similar and “best of class”
municipalities
c. Development of strategy to ensure city programs, services and message are
effectively communicated to all segments of population
d. Review of not for profit funding processes and revisions to allow demonstration
of commitment to diversity and inclusion.
4. Provide assistance and facilitation to the Marketplace Diversity Committee with the
following:
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a. Conduct survey of existing supplier database for women and minority owned
businesses
b. Establishment of quantifiable short and long term strategies for maximizing
purchases from historically underrepresented groups.
c. Development of “talking points” for city leaders
5. Provide assistance and facilitation to the Human Relations Commission with the
following:
a. Design and implementation of Strategic Plan oversight
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G
AGENDA ITEM: MEETING DATE: May 28, 2014 ITEM: Bi‐Annual Renewal of a Resolution in Lieu of Bond for Work Performed by the City in the Illinois Department of Transportation’s Right‐of‐Way (No cost to the City) OBJECTIVE: Provide city staff with a means to complete repair work in the state’s right‐of‐way and to expe‐
dite issuance of permits. RECOMMENDATION: Approve resolution with the Illinois Department of Transportation to guarantee that all work shall be performed in accordance with conditions of the permit granted by the department in lieu of a surety bond. BACKGROUND Public works personnel regularly respond to and repair watermain breaks and sewer backups throughout the city. On many occasions, these repairs must be completed within roadways un‐
der the jurisdiction of the Illinois Department of Transportation (IDOT). Roadways in Elgin that fall under IDOT’s jurisdiction include:  Illinois Route 25 (Dundee Ave., Page Ave., Liberty St., Bluff City Blvd., St. Charles St.)  Illinois Route 31 (State St.)  Illinois Route 19 (East Chicago St.)  Illinois Route 58 (Summit St.)  U.S. Route 20 (Lake St.)  Weld Rd.  Foothill Rd.  Bluff City Blvd. (east of Gifford Rd.) Whenever work is completed within an IDOT right‐of‐way, permits are required from IDOT to guarantee that all necessary traffic control is utilized and to ensure that all work is completed in accordance with IDOT’s minimum specifications. A watermain break is considered an emergen‐
cy repair so time is of the essence to complete the repair. Delaying repairs while permits are secured can cause additional severe damage and increased repair costs. It is therefore benefi‐
cial to agree with IDOT on a process that will expedite issuance of permits. OPERATIONAL ANALYSIS Existing provisions in the state’s regulations allow IDOT to hold municipalities accountable for work conducted in the state’s right‐of‐way that is not performed in accordance to IDOT’s standards. In lieu of requiring municipalities to post a surety bond to guarantee the work they perform in an IDOT right‐of‐way, IDOT is merely requesting that municipalities pass resolutions that guarantee the quality of their work in lieu of a surety bond. Adopting the resolution will allow the city to proceed with required work in an IDOT right‐of‐
way without first securing a permit and posting a surety bond with IDOT. This action will ensure the city’s ability to effect timely repairs without delay. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There is no cost to the city for the adoption of this resolution. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES The city council may choose to reject the resolution, issue surety bonds and secure individual permits for each repair. NEXT STEPS Execute the resolution and forward to IDOT. 2 Originators: Final Review: Kyla B. Jacobsen, Water Director Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A.
B.
Sample IDOT Resolution IDOT Request for Renewal of Resolution 3 H
AGENDA ITEM: MEETING DATE: May 28, 2014 ITEM: Proposed Agreement with Classic Enterprises, Ltd., d/b/a Chooch’s Pizzeria, for Downtown Business Loan Interest Subsidy Program ($33,967 over five years) OBJECTIVE: Utilize the city’s economic development programs to enhance economic vitality and viability in the downtown. RECOMMENDATION: Enter into a five‐year agreement with Classic Enterprises, Ltd., d/b/a Chooch’s Pizzeria, for Downtown Business Loan Interest Subsidy Program at the cost of $33,967. BACKGROUND Classic Enterprises, Ltd. operates Chooch’s Pizzeria at 64 South Grove Avenue. The principals in Classic Enterprises are Michael and Daniel Butirro. The Butirros purchased the property in March 2011 and initiated an extensive rehabilitation of the two‐story commercial structure. The inappropriate facade that was grafted on to the building during the 1970’s was removed as part of the Butirros’ rehabilitation, restoring the building with a historically accurate architecture. The Butirros also created an outside seating area on the building’s rear or west facade that complements the Riverside Side Drive Promenade. Chooch’s Pizzeria opened for business in December 2012 and has proven to be a popular and thriving destination in the downtown. Classic Enterprises is seeking to utilize the assistance from the Downtown Business Interest Loan Program to assist with the acquisition and renovation costs for the property at 64 South Grove Avenue. The Downtown Business Loan Interest Subsidy Program (program) has been providing financial assistance to downtown businesses and property owners for more than ten years. The program pays a portion of the interest on certain business loans not exceeding $200,000 for a period of five years to assist downtown businesses during their first critical years of operation or expansion or with the acquisition and/or renovation of property. 1 Depending on the type of loan obtained, the city pays up to 90 percent of the interest on the loan during the first year; 80 percent in the second year; 70 percent in the third year; 60 percent in the fourth year; and, 50 percent in the final year of program eligibility. Under current program guidelines, eligible loans must be amortized over a ten‐year period, must be at or above the prime rate of interest and may not exceed 10 percent interest. The program also caps interest payments paid by the city to any participating business at $70,000. In November, 2010 the program was amended to authorize 20‐year amortizations solely in the case of SBA 504 loans. Most recently, Al’s Café and the Elgin Public House restaurants have participated in the program, along with the commercial offices established at 164‐66 East Chicago Street by Leath Partners, LLC and at 216 Prairie Street by THKFL, Inc. OPERATIONAL ANALYSIS Classic Enterprises, Ltd. has secured a commercial loan for $192,000 at 5.50 percent from Spring Lane Investments, LLC. Classic Enterprises meets all program eligibility requirements as outlined in the program guidelines. The interest subsidy is paid by the city to the property owner on a quarterly basis upon receipt of proof of that quarter’s payments. Classic Enterprise’s ability to secure a commercial loan in the highly restrictive lending environment is indicative of a sound financial base. With interest rates at historic lows, the Downtown Business Loan Interest Subsidy Program can leverage its programming revenue to take advantage of the lower interest payments to provide assistance to a greater number of small businesses seeking to locate or expand within the downtown’s commercial space. INTERESTED PERSONS CONTACTED The Downtown Neighborhood Association of Elgin facilitated this project as part of the city’s purchase of services agreement with that organization. FINANCIAL ANALYSIS During the five‐year period of program eligibility from 2013 through 2017, the annual interest subsidy will be as follows: 2 Year 2013 2014 2015 2016 2017 TOTAL Total Interest $ 9,104.10 $ 7,910.54 $ 6,753.50 $ 5,636.39
$ 4,562.90
$ 33,967.43
BUDGET IMPACT FUND(S) ACCOUNT(S) Riverboat 275‐0000‐791.80‐27 PROJECT #(S) AMOUNT BUDGETED AMOUNT AVAILABLE 177129 $36,300 $36,300 LEGAL IMPACT None. ALTERNATIVES The city council may choose to reject staff’s proposal to utilize this program to attract this project to downtown. NEXT STEPS Execute business loan interest subsidy program agreement with Classic Enterprises, Ltd. Originators: Final Review: Richard G. Kozal, Assistant City Manager Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Sean R. Stegall, City Manager ATTACHMENTS A. Business Loan Interest Subsidy Program Application and Supporting Documents 3 CITY OF ELGIN DOWNTOWN BUSINESS LOAN INTEREST SUBSIDY PROGRAM
THIS AGREEMENT is hereby made and entered into this 11th day of June, 2014,
by and between the City of Elgin, Illinois, a municipal corporation (hereafter referred to as
the “City”), and Classic Enterprises, Ltd., an Illinois corporation, (hereinafter referred to as
the “Developer”).
WHEREAS, the City has established a Downtown Business Loan Interest Subsidy
Program for building improvements in the Center City in an effort to stimulate expansion,
reinvestment and business retention, a copy of such Downtown Business Loan Interest
Subsidy Program for building improvements being attached hereto and made a part hereof
as Exhibit “A” (hereinafter referred to as the “Program”); and
WHEREAS, the Program contemplates the City paying a portion of financing costs
for eligible building improvements; and
WHEREAS, Developer is the property owner of the real property commonly known
as 64 South Grove Avenue, Elgin, Illinois, (hereinafter referred to as the “Subject Property”),
which is located in the Center City area as described in Program hereto; and
WHEREAS, Developer has completed an application for participation in the subject
Program which identifies the proposed improvements to the Subject Property, a copy of
Developer’s application for participation in the Subject Program being attached hereto and
made a part hereof as Exhibit “B”; and
WHEREAS, Developer has been approved for a conventional commercial loan with
Spring Lane Investments, LLC in the amount of $192,000 with an interest rate of 5.50 percent to finance the cost of the proposed building improvements on the Subject Property, a
copy of such loan’s attendant amortization schedule being attached hereto and made a
part hereof as Exhibit “C” (hereinafter referred to as “Subject Loan”).
NOW, THEREFORE, for and in consideration of the mutual promises, covenants
and undertakings contained herein, and other good and valuable consideration, the suffi-
ciency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows:
1.
The foregoing recitals are hereby incorporated into and made a part of this agreement in their entirety.
2.
The Developer’s application for participation in the Program is hereby approved.
3.
So long as the Developer continues to make regularly scheduled loan payments on
the Subject Loan and otherwise complies with the terms of this agreement, City
shall pay an interest subsidy consisting of quarterly reimbursement payments to
Developer in an amount equal to 90 percent of the first year’s interest, 80 percent
of the second year’s interest, 70 percent of the third year’s interest, 60 percent of
the fourth year’s interest, and 50 percent of the fifth year’s interest, said interest
payments commencing as of January 1, 2013. The City shall make payment to Developer upon receipt of verification of payment from the lender and pursuant to the
amortization and payment schedules attached hereto and made a part hereof as
Exhibit “C.”
4.
In no event shall the interest rate of any Subject Loan Agreement provided for herein exceed ten percent (10%). In no event shall the total amount of the Subject Loan
exceed $200,000. In no event shall the total interest payments provided for herein
from City to Developer exceed $48,171.48. The Developer shall make all other
principal and interest payments and all other payments on the Subject Loan. The
City is not and shall not be deemed to be a party to the Subject Loan or an obligor
or obligee thereunder. This agreement in general, and the City’s agreement to make
interest payments hereunder in particular, shall not be construed, and shall not be
relied upon by any party, including, but not limited to, the lender in the subject loan
agreement or any successor or assign thereof, to require the repayment of any
principal loan amounts, the execution of any mortgage loan documents, or to otherwise act as a guarantor on any loan agreements under any circumstances. Additionally, the provisions of this agreement shall not be construed so as to create any
obligations as to City based on any theory of equitable or promissory estoppel.
5.
In the event the Developer conveys any of its respective interests in Subject Property prior to December 31, 2017, Developer shall refund all payments made by City
pursuant to this agreement not later than 30 days after such conveyance.
6.
The terms, requirements and conditions of the Program as set forth in Exhibit “A”
hereto are hereby incorporated into and made a part of this agreement in their entirety. The City’s obligations under this agreement, including but not limited to the
City’s obligations to make continued interest payments, are subject to Developer’s
ongoing compliance with all terms and requirements of the Program and this
agreement.
7.
This agreement may not be assigned without the prior written consent of the City.
8.
Developer hereby agree to hold harmless, defend and indemnify the City from and
against any and all causes of action, suits, claims for damages and any and all other liability which may arise out of or in connection with the proposed improvements
or other work at the Subject Property, or which may arise out of or in connection
with Developer or Developer’s agents, employees’, contractors’ and assigns’ negligent performance of any of the terms of this agreement. In the event the provisions
of this paragraph are invoked, counsel for City shall be of City’s choosing. The
terms and provisions of this paragraph shall survive any termination and/or expiration of this agreement.
9.
This agreement shall not be construed to create a partnership, joint venture or employment relationship between the parties hereto.
10.
Developer shall also pay when due all other obligations for the Subject Property, including but not limited to, payments on any other loans, real estate taxes and insurance.
11.
This agreement shall be subject to and governed by the laws of the State of Illinois.
Venue for the resolution of any disputes or the enforcement of any rights arising out
of or in connection with this agreement shall be in the Circuit Court of Kane County,
Illinois.
12.
The terms of this agreement shall be severable. In the event that any of the terms or
provisions of this agreement are deemed to be void otherwise unenforceable for
any reason, the remainder of this agreement shall remain in full force and effect.
13.
That notices regarding in this agreement shall be sent to the parties at the following
addresses:
14.
To:
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: City Manager (with a copy to Corporation Counsel)
To:
Michael Butirro
Registered Agent
Classic Enterprises, Ltd.
64 South Grove Avenue
Elgin, IL 60120
This agreement constitutes the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied,
in existence between the parties hereto regarding the subject matter hereof. The
terms and provisions of this agreement shall not be amended unless such amendments are in writing and, are properly executed by the parties hereto.
15.
In the event of Developer’s breach of any of the terms of this agreement, Developer
shall refund to City the full amount of any payments made by City to Developer or to
any other entity on Developer’s behalf, including but not limited to, any lender, upon
thirty (30) days written demand. City shall thereafter be entitled to any and all other
rights and remedies as may be available to it by law.
16.
This agreement shall terminate on December 31, 2017. City may terminate this
agreement for any or no reason upon fourteen (14) days written notice. In the event
city terminates this agreement, City shall be under no further obligations pursuant to
this agreement, and Developer shall be entitled to no further relief pursuant to this
agreement.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
agreement the day and year first written above.
CITY OF ELGIN
CLASSIC ENTERPRISES, LTD.
__________________________________
________________________________
Sean Stegall, City Manager
Its
Attest:
______________________________
Its
____________________
City Clerk
Exhibit A
DOWNTOWN BUSINESS LOAN
INTEREST SUBSIDY PROGRAM
!
PURPOSE:
The City of Elgin has established the Downtown Business Loan Interest Subsidy Program
(“Program”) for building improvements and business development in the Center City to
stimulate expansion, reinvestment and business retention. Interest on loans, up to a maximum of $200,000, may be subsidized by the city for the first five years of the loan.
LOAN TERMS:
Interest Rate:
The interest rate for an eligible loan may not exceed ten percent
(10%) interest. The eligible loan’s interest rate must be at or above
the prime rate of interest.
Terms of Loan:
Eligible loans may not exceed a 10-year amortization. U.S. Small
Business Administration (SBA) “504” loans shall not exceed a 20-year
amortization.
Collateral:
First or second mortgage on property.
Maximum Loan:
Up to $200,000 per building project.
Purpose of Loan:
Eligible loans shall be used solely for the acquisition or lease of operating facilities, the purchase of equipment or fixtures, space built out
or inventory.
Conventional Commercial Loans
City’s Monthly Interest Payments. Interest payments made by the city under the Program
shall be at the following rates payable over a period of five (5) years:
First year:
Second year:
Third year:
Fourth year:
Fifth year:
90 percent of first year interest costs
80 percent of second year interest costs
70 percent of third year interest costs
60 percent of fourth year interest costs
50 percent of fifth year interest costs
Home Equity and Second Mortgage Loans
City’s Monthly Interest Payments. Interest payments by the city under the Program shall be
at the following rates payable over a period of five years:
First year:
Second year:
Third year:
Fourth year:
Fifth year:
85 percent of first year interest costs
75 percent of second year interest costs
65 percent of third year interest costs
55 percent of fourth year interest costs
45 percent of fifth year interest costs
U.S. Small Business Administration (SBA) 504 Loans
City’s Monthly Interest and SBA Program Fee Payments. Interest payments and the SBA
program fee payments commonly referred to as the SBA Small Business Administration
fee (covering a loss reserve for the program), the CSA Colson Services Corporation fee
(covering charges by Colson Services Corporation to handle payment processing and loan
accounting) and the CDC Certified Development Company fee (covering servicing the loan
and enforcing the terms of the loan documents) made by the city under the Program shall
be at the following rates payable over a period of five (5) years:
First year:
Second year:
Third year:
Fourth year:
Fifth year:
90 percent of first year interest and eligible SBA fee costs
80 percent of second year interest and eligible SBA fee costs
70 percent of third year interest and eligible SBA fee costs
60 percent of fourth year interest and eligible SBA fee costs
50 percent of fifth year interest and eligible SBA fee costs
Limitations
Notwithstanding anything to the contrary in this Program, the maximum amount of interest
and any eligible related loan fee payments by the city for any loan shall be in the maximum
amount of $75,000.
ELIGIBILITY REQUIREMENTS:
To be eligible to apply for the Program, the applying business must satisfy both of the following criteria:
1. Location: The business must be located in Elgin’s “Center City,” as depicted in
the areas outlined in the accompanying target area map.
2. Type of Business: The business must be engaged in retailing, wholesaling, distribution, professional services, technology industry and other types of general commercial and retail lines of business consistent with those business uses identified as
desirable in the city’s adopted Riverfront/Center City Master Plan.
2
GENERAL REQUIREMENTS:
1. The Program does not include financing for furniture, standard office equipment (i.e.
personal computers and related equipment) or operating capital.
2. Building improvements must be completed by an independent contractor. The agreement for the contractor must be supported by two, different contractor bids.
3. Any business which is approved and is to receive benefits under the Program must execute a written agreement with the city in a form as directed by the city which shall include
the terms necessary to comply with the provisions of the Program requirements, an
agreement by such business to complete building improvements within a specified time
period, and an agreement by such business to continue operating at the specified location
for a period of not less that three years. If the business is required to vacate the Center
City location due to action directed or supported by the city, the business must relocate
within the Center City in order to retain the benefits of the Program.
4. Participants in the Program must provide annual financial statements to the city during
participation in the Program.
QUALIFYING STANDARDS:
1. The applicant business and owner must have an acceptable credit history with a record
of timely loan payments.
2. Business profits and cash flow must be sufficient to support loan payments in accordance with the customary loan (with the loan to value ratio not to exceed 75 percent to 80
percent) unless other collateral or financial strength is provided.
APPLICATION PROCESS:
Eligible businesses should request a complete copy of the Program guidelines and a loan
application form. Once the loan is conditionally approved and structured by the lending
institution, the lender shall complete a loan proposal for submission to the city for final approval.
CORRESPONDENCE:
Inquiries regarding this program may be directed to: Tonya Hudson, Executive Director,
Downtown Neighborhood Association of Elgin, 847.488.1456 or Richard G. Kozal, Assistant City Manager, City of Elgin, 847.931.6633.
(Revised April 13, 2011)
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Exhibit B
Exhibit C
I AGENDA ITEM: MEETING DATE: May 28, 2014 ITEM: Development Agreement with Multifilm Packaging Corporation (No Outflow of Funds) OBJECTIVE: Entering into a development agreement to induce both the expansion of an existing manufac‐
turing facility and the purchase and expansion of what will become a 70,000 square‐foot com‐
mercial and industrial building that will create approximately thirty new manufacturing jobs. RECOMMENDATION: Approve the development agreement with Multifilm Packaging Corporation. BACKGROUND Multifilm Packaging Corporation (Multifilm) is what the packaging industry refers to as a “flexi‐
ble packaging manufacturer,” creating the flexible packaging used for candy wrappers and oth‐
er confections, snack foods, coffee and the like. It is a fully‐integrated manufacturer serving the North American market. Multifilm’s manufacturing facility is located just west of the southwest corner of North McLean Boulevard and Big Timber Road (1400 N. McLean Boulevard). As the business has grown, it has been expanding its office area into the vacant former retail store‐
fronts in the building east of the manufacturing facility. The business has been management‐
owned and operated since 2008. Multifilm is seeking to invest approximately $6 million in the expansion of its existing facility and $8 million in the purchase and expansion of a new manufacturing facility. The new facility will ultimately create approximately 30 new manufacturing jobs. Environmental stewardship is a hallmark of Multifilm’s business. Multifilm’s in‐house staff de‐
signed the facility’s Geothermal Process Cooling & HVAC System. With this system, Multifilm ranks among the least energy‐consuming converters. All of Multifilm’s products are FDA‐
approved and completely free of BPA and lead, and it additionally offers materials that are PVC‐
free. Multifilm’s facility also adheres to a zero waste‐to‐landfill protocol. The city’s Sustainabil‐
ity Commission is familiar with Multifilm’s facility and its environmental initiatives and has lauded its practices. Multifilm is considering the purchase of a vacant, commercial property at 1700 Big Timber Road. The 41,500 square‐foot building is located across the street (Big Timber Road) from Mul‐
tifilm’s manufacturing facility. If Multifilm purchases 1700 Big Timber Road, it will begin the work necessary for installing a new manufacturing line that will be operational by December. Multifilm will also begin the planning necessary to construct an approximately 30,000 square‐
foot addition to 1700 Big Timber Road to accommodate the increased production demands from a food manufacturer with a multinational presence. The parcel at 1700 Big Timber Road is zoned PAB—a Planned Area Business District zoning. The permitted land uses for that parcel include all permitted uses in the AB zoning district plus four additional, permitted manufacturing land uses that are not otherwise permitted in the AB zon‐
ing district. The addition of the four manufacturing land uses is the reason for the parcel being zoned PAB rather than AB. Multifilm’s manufacturing business does not fall within the meaning of any of the four permit‐
ted manufacturing uses designated in the PAB zoning for the parcel. Multifilm is classified as a "Packaging Paper and Plastics Film, Coated and Laminated” land use. The PAB zoning classifica‐
tion for the parcel will have to be amended to include this land use as a permitted use within that zoning district so that Multifilm can manufacture at that location. The construction of the 30,000 square‐foot addition may also require variances from the zoning ordinance’s off‐street parking and setback requirements. OPERATIONAL ANALYSIS Multifilm is alternatively considering expanding its operations in a commercial facility located in Cary, Illinois. The developer of the industrial park where that facility is located is offering ex‐
tremely aggressive pricing. And the village of Cary is offering three‐years of property tax re‐
bates to Multifilm as an incentive to establish operations in Cary. Multifilm has been advised that the city council will not support property tax rebates or other cash incentives to establish a new facility in Elgin. The staff is proposing an economic development incentive package to Multifilm that includes the following salient components:  Multifilm will expand its operations by acquiring and expanding the property at 1700 Big Timber Road, investing approximately $8‐10 million as part of that initiative.  Multifilm will expand its existing operation at 1040 N. McLean Boulevard, investing ap‐
proximately $6 million as part of that initiative. 
2 



The city will conduct a “fast‐track” permitting process for Multifilm in connection with (1) the proposed $6 million expansion of Multifilm’s existing facility at 1040 N. McLean Boulevard, and (2) the establishment of a new $8‐10 million manufacturing facility at 1700 Big Timber Road, including the construction of a 30,000 square‐foot addition to that building. 
The city will agree to rezone the PAB zoning classification for the parcel at 1700 Big Tim‐
ber Road so that Multifilm’s manufacturing operation is classified as a permitted use within that zoning district. The city will also agree to grant reasonably necessary vari‐
ances from the zoning ordinance’s off‐street parking, setback and other site design re‐
quirements that may be necessitated by the construction of the 30,000 square‐foot ad‐
dition to the building on the parcel and for the expansion of the existing facility at 1040 N. McLean Boulevard. All zoning relief will be consistent with the regulations established in the city’s zoning ordinance in Title 19 of the Elgin Municipal Code and Illinois law. The timeframe for rezoning approval by the planning and zoning commission and city council generally requires 90 days. Multifilm must have its new manufacturing facility operational by this December. Multifilm has advised the staff that the planning and zoning commission’s and city council’s approximately 90‐day legislative approval schedule prevents Multifilm from be‐
ginning the work necessary to have its new manufacturing line operational in the time required by its customer with multi‐national operations. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS This economic incentive proposal reflects the city council’s policy directive to eliminate direct cash incentives for business expansion or retention initiatives outside the Central Area TIF Dis‐
trict. The expansion of Multifilm’s Elgin facility will provide additional property tax revenue to the General Fund and the establishment of a new facility at 1700 Big Timber Road will ultimate‐
ly create approximately 30 manufacturing jobs with above‐average wages. With Multifilm serv‐
ing the entire North American market and being a provider to global manufacturers, Multifilm’s expanded presence in Elgin enhances the city’s reputation as a favorable location for multina‐
tional corporations. The city’s economic development incentive offer is expected to positively affect Multifilm’s decision to expand its operations in Elgin rather than consolidate its opera‐
tions and facilities in Cary, Illinois or some other location. 
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BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) NA NA NA AMOUNT BUDGETED NA AMOUNT AVAILABLE NA LEGAL IMPACT None. ALTERNATIVES The city council may choose not to enter into the economic incentive agreement with Multifilm Packaging Corporation. NEXT STEPS Execute the development agreement with Multifilm Packaging Corporation. ______________________________________________________________________________ Originators: Richard G. Kozal, Assistant City Manager Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Sean R. Stegall, City Manager ______________________________________________________________________________ ATTACHMENTS None. 
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Initiatives and Other Items - J
Additional Information Regarding the
Former Site of the Fox River Country
Day School
MATERIALS TO FOLLOW