Committee of the Whole

CITY COUNCIL COMMITTEE OF THE WHOLE MEETING AGENDA JUNE 10, 2026|6:00 PM CITY COUNCIL CHAMBERS Call to Order Roll Call Approval of Minutes of Previous Meeting – May 27, 2026 Public Comment Special Presentations and Reports A. Inclusivity and Diversity Initiatives Progress Update The city is exploring ways to improve access to city services for all residents, including members of the undocumented immigrant community. City staff has been conducting re- search on the proposals and Assistant City Manager Cassandra Hiller is providing a status update on the progress of that research and analysis. Initiatives and Other Items B. Bridge and Culvert 2026-2030 Program—Engineering Services Agreement with HR Green, Inc. ($500,000) Objective: Conduct annual bridge inspections to ensure federal and state reporting com- pliance and provide long-term bridge program repair and replacement planning. C. CivicPlus Software Products—Renewal ($79,726) Objective: Renew the suite of CivicPlus products the city has been using for its website, city council agenda management, municipal code and Freedom of Information Act (FOIA) software. D. Angel of Independence Replica—Custom Artwork Agreement with ACME Design, Inc. ($67,920) Objective: Work collaboratively with ACME Design, Inc. to build a replica of the base for the “Angel of Independence” for use during La Fiesta de Elgin in 2026 and beyond. Committee of the Whole Agenda – June 10, 2026 Page 2 E. Replacement Fire Hose and Nozzles—Purchase Agreement with Air One Equipment, Inc. ($69,066) Objective: Purchase replacement fire hose and nozzles to maintain operational readiness and ensure reliable emergency response capabilities for frontline fire apparatus. F. Self-Contained Breathing Apparatus Units (SCBA)—Purchase Agreement with Air One Equipment, Inc. ($39,900) Objective: Equip fire department ambulances with the necessary number of self-con- tained breathing apparatus (SCBA) units necessary to function at fire incidents. G. Review City Council Rules of Procedure (Councilmembers Dixon and Steffen) Objective: Consideration of city council initiatives to amend city council rules of proce- dure. Announcements from Council Announcements from Staff Executive Session H. Setting of a Price for Sale or Lease of Property Owned by the Public Body – Exempt Un- der Section 120/2(c)(6) of the Open Meetings Act Adjournment PLEASE NOTE: The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individ- uals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-6076 or TT/TDD (847) 931- 5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. AGENDA ITEM: A MEETING DATE: June 10, 2026 Inclusivity and Diversity Initiatives Progress Update The city is exploring ways to improve access to city services for all residents, includ- ing members of the undocumented immigrant community. City staff has been con- ducting research on the proposals and Assistant City Manager Cassandra Hiller is providing a status update on the progress of that research and analysis. AGENDA ITEM: B MEETING DATE: June 10, 2026 ITEM: Bridge and Culvert 2026-2030 Program—Engineering Services Agreement with HR Green, Inc. ($500,000) OBJECTIVE: Conduct annual bridge inspections to ensure federal and state reporting compliance and provide long-term bridge program repair and replacement planning. RECOMMENDATION: Enter into a professional services agreement with HR Green, Inc. to provide Bridge and Culvert Program services over the next five years in the amount of $500,000. The city’s bridge inspection and bridge rehabilitation efforts have traditionally been managed as a single project, alternating annually between bridge inspection and bridge rehabilitation. To bet- ter identify bridge and culvert conditions, provide a roadmap for long-term bridge maintenance and replacement needs, and to adequately budget for future bridge construction efforts, staff recommends the separation of the inspection and construction functions. This agreement pro- vides for the continued bridge inspection and mandated reporting, plus GIS database manage- ment and bridge master plan technical services. Future bridge and culvert construction contracts will be brought forward separately for contract approval consideration by council. BACKGROUND Under the city’s traditional programming, staff annually perform structural inspections for major bridges, submits inspections reports mandated by state and federal agencies, and develops re- habilitation plans for future implementations. In the fall of 2025, staff prepared a “Bridge and Culvert Master Plan” that includes a roadmap for bridge and culvert rehabilitation and replace- ment schedule over the next twenty-year period and for seeking federal funding for eligible struc- tures. All major structures were included and inspected in the 2022 - 2025 Bridge Program. None of the minor structures considered in this proposal have ever been inspected and conditions of these minor structures are unknown. Many of these minor structures may be in poor to failing condi- tions due to their age, lack of maintenance and/or rehabilitation and replacement, and may pose significant safety risks including unplanned road closures, travel delays, and emergency repairs. The city has experienced a similar failure previously along Laurel Street which required roadway closure and expensive emergency repairs. The master plan also identifies annual funding that can be appropriated, including potential grant funding to proactively plan the city’s capital layout for the bridge and culvert program. By sepa- rating the inspection process from the capital rehabilitation process, staff can better understand the condition of all bridges and large culverts to provide a clearer picture of future rehabilitation and replacement costs for budget consideration. As part of the 2026-30 bridge program, consult- ants will revise the master plan based on most recent inspections and findings. OPERATIONAL ANALYSIS Inspections and reporting will continue to be performed on an annual basis with the number and location of structures varying from year-to-year based on inspection requirements, risk factors and funding opportunities. In addition to the bridge and culvert inspections, the services will in- clude the preparation of bridge and culvert inspection reports, updating the city’s GIS database of inventories structures, program manager duties in compliance with requirements of the Na- tional Bridge Inspection Standards (NBIS) as defined by the Illinois Department of Transportation (IDOT) Structure Information and Procedure Manual, updates to bridge and culvert master plan, and the provision of limited and as-needed general consultation services. For the 2026 - 2030 Bridge and Culvert Program, bridge and culvert structures are broken out by major and minor structures. The major structures are defined as those having 7.5 square feet of waterway opening (typically 36” equivalent circular opening and greater). Minor structures are those with less than 7.5 square feet of waterway opening. There are 57 major structures, and approximately 110 minor structures previously inventoried by the consultant as part of an inven- tory project completed in 2021. Of the 57 major structures, 27 are listed on the NBI and are subject to the requirements of the NBIS. The proposed agreement with HR Green, Inc. provides for the ongoing inspection and additional services for the five-year period 2026 through 2030. These inspections will ensure the continua- tion of the required permit with the IDOT and the national bridge inspection program. INTERESTED PERSONS CONTACTED Illinois Department of Transportation FINANCIAL ANALYSIS The 2026 inspection fees are included in the 2026 budget. Future budgets will need to include the annual inspection cost and the updates to the program. The annual cost estimates for such services are: 2  2026 $110,000 2027 $90,000 2028 $115,000 2029 $60,000 2030 $125,000 Total $500,000 Total Program Costs for Bridge and Culvert Program Management for 2026 - 2030 is in the amount of $500,000.00 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE Riverboat 275-0000-791.93-36 275014 $110,000 $110,000 LEGAL IMPACT The proposed agreement would require an exception to the procurement ordinance requiring the approval of two-thirds of the city council. ALTERNATIVES Staff may continue to operate a combined inspection/rehabilitation program but may loose the planning and budgeting improvements anticipated under this agreement. NEXT STEPS 1. Execute the agreement. 2. Issue directive to engineer to begin work. Originators: Mike Pubentz, Public Services Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager 3 ATTACHMENTS A. Engineering Services Agreement with HR Green, Inc. for 2026-30 Bridge and Culvert Program 4  AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _________, 2026, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as “CITY”) and HR GREEN, INC., an Iowa corporation, authorized to do business in the State of Illinois; (hereinafter referred to as “ENGINEER”). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with 2026-2030 Bridge and Culvert Program Project (hereinafter referred to as the “PROJECT”); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Public Services Director of the CITY, herein after referred to as the “DIRECTOR”. B. The scope of services includes providing professional engineering services to perform Program Management related duties for the City’s Bridge and Culvert Program for the PROJECT, including but not limited to bridge and culvert inspections, report preparation, GIS services, federal and state policy compliance, master plan updates, and general consultation services. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A and incorporated into this Agreement by this reference. D. A table detailing the locations in which the work for the PROJECT will be completed is attached hereto as Attachment A, exhibit 1, and incorporated into this agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder.  Executed Agreement and Notice to Proceed – June 30, 2026  2026 Inspection Report – December 31, 2026  2027 Inspection Report – September 30, 2027  Bridge and Culvert Master Plan update – September 30, 2027   2028 Inspection Report – September 30, 2028  2029 Inspection Report – September 30, 2029  Bridge and Culvert Master Plan update – September 30, 2029  2030 Inspection Report – September 30, 2028  Bridge and Culvert Master Plan update – September 30, 2030 B. A detailed project schedule for the PROJECT is included as Attachment B, attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER’S execution of this Agreement shall constitute ENGINEER’S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the ENGINEER. 4. PAYMENTS TO THE ENGINEER (Lump Sum Method) A. The CITY shall reimburse the ENGINEER for services under this Agreement a lump sum of $500,000.00 Dollars, regardless of actual Costs incurred by the ENGINEER unless substantial modifications to the project are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. A detailed cost estimate for the PROJECT is included as Attachment C and incorporated into this agreement by this reference. B. For outside services provided by other firms or consultants, the CITY shall pay the invoiced fee to the ENGINEER, plus 0%. The cost of any such outside services is included within the total lump sum fee amount of $500,000.00 provided for in Section 4A above. 2  C. Mileage and printing costs are included as reimbursable costs. The cost of any such reimbursable expenses is included within the total lump sum fee amount of $500,000.00 provided for in Section 4A above. D. The CITY shall make periodic payments to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Estimate Percent Estimated Value of Estimated Date Complete Work Complete Invoice Value 12/31/2026 20% $110,000.00 $110,000.00 12/31/2027 40% $200,000.00 $90,000.00 12/31/2028 60% $315,000.00 $115,000.00 12/31/2029 80% $375,000.00 $60,000.00 12/31/2030 100% $500,000.00 $125,000.00 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above) will be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A 3 determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to section 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY 4 No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE The ENGINEER shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled “Indemnification” shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY 5 The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION/AFFIRMATIVE ACTION The ENGINEER will not discriminate against any employer or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. ENGINEER shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. ENGINEER shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. ENGINEER agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference, as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY 6 This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any section, sub-section, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING 7 The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request (775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: 8  A. As to CITY: B. As to ENGINEER: Mike Pubentz Ajay Jain Public Services Director President - Water City of Elgin HR Green, Inc. 150 Dexter Court 1391 Corporate drive., Suite 203 Elgin, Illinois 60120-5555 McHenry, IL 60050-5528 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. ENGINEER shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: By By: ` City Manager Name/Print: Ajay Jain Title: President - Water 9 Attest: City Clerk 10  ATTACHMENT A Scope of Services For 2026-2030 Bridge and Culvert Program Mike Pubentz, PE Public Services Director City of Elgin 1900 Holmes Road Elgin, IL 60123 (847) 931-5968 Prepared by: Ajay Jain, PE, CFM HR Green, Inc. 3901 Corporate Drive, Suite 203 McHenry, IL 60o50 HR Green Project Number 2503224 December 18, 2025 Version 2.3 02052021  TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVIES FEE Version2.3 02052021  Attachment A - Scope of Services 2026-2030 Bridge and Culvert Program 2503224 12/18/2025 Page 1 of 5 1.0 Project Understanding CITY has requested proposal from ENGINEER to provide professional engineering services to perform Program Management related duties for the City’s Bridge and Culvert Program. The duration of the contract is for a 5-year period starting January 1, 2026 and ending December 31, 2030. The Bridge and Culvert Program services will include the following tasks as listed below and further described in the Scope of Services:  Bridge and culvert inspections;  Preparing bridge and culvert inspection report;  Update City’s GIS database of inventories structures;  Program Manager duties in compliance with requirements of the National Bridge Inspection Standards (NBIS) as defined by the Illinois Department of Transportation (IDOT) Structure Information and Procedure Manual. These requirements apply to all structures listed on the National Bridge Inventory (NBI);  Updates to Bridge and Culvert Master Plan; and  Provide limited and as-needed general consultation services For the 2026 - 2030 Bridge and Culvert Program, bridge and culvert structures are broken out by major and minor structures. The major structures are defined as those having 7.5 sq.ft. of waterway opening (typically 36” equivalent circular opening and greater). Minor structures are those with less than 7.5 sq.ft. of waterway opening. There are 57 major structures, and approximately110 minor structures previously inventoried by the ENGINEER as part of an inventory project completed in 2021. Of the 57 major structures, 27 are listed on the NBI and are subject to the requirements of the NBIS. All major structures were included and inspected in the 2022 - 2025 Bridge Program and condition of these structures is provided in the Bridge Inspection Reports on file at the City. None of the minor structures have ever been inspected and condition of these minor structures is unknown. Many of these minor structures may be in poor to failing conditions due to their age, lack of maintenance and/or rehabilitation and replacement, and may pose significant safety risks including unplanned road closures, travel delays, and emergency repairs. City has experienced a similar failure previously along Laurel Street which required roadway closure and expensive emergency repairs. The City has requested that as part of the 2026 - 2030 Bridge and Culvert Program, all minor structures be inspected to develop a baseline condition assessment and be included in the Bridge and Culvert Master Plan for future maintenance, rehabilitation or replacement. In Fall 2025, ENGINEER prepared a Bridge and Culvert Master Plan that includes a roadmap for bridge and culvert rehabilitation and replacement schedule over the next 20- year period as well as potential to seek federal funding for structures that are eligible. The master plan also provides an annual layout of funds that can be appropriated along with leveraging available funding to proactively plan the City’s capital layout for Bridge and Culvert Program. As part of the 2026 – 2030 Bridge Program, ENGINEER will revise the Master Plan based on most recent inspections and findings. A listing of the structures included in the 2026 - 2030 Bridge Program is attached as Exhibit 1 for reference. Note that the scope of services under this Agreement does not Version2.3 02052021  Attachment A - Scope of Services 2026-2030 Bridge and Culvert Program 2503224 12/18/2025 Page 2 of 5 include preparing engineering design and contract plans and specifications or construction phase services for any repair and construction work identified as part of this Program. These services will be contracted separately under a separate Agreement. 2.0 Scope of Services The CITY agrees to employ ENGINEER to perform the following services: A. Bridge and Culvert Inspections (Major Structures) In accordance with the inspection schedule provided in Exhibit A, ENGINEER will review prior inspection reports, visit the site, and complete an inspection of required structures under the supervision of an IDOT certified Program Manager. Routine, underside of the bridge inspections using boat and/or snooper, and underwater inspections will be completed as required by the NBIS. ENGINEER will subcontract snooper services using a subcontractor under this Agreement. As noted in the schedule, the majority of the inspections of major structures will occur in even years of 2026, 2028 or 2030 since most structures are under a 2-year, 4-year, or a 6-year inspection schedule. A limited number of structures may require a more frequent inspection if deemed necessary by IDOT or per ENGINEER’s recommendations to monitor structures on a more frequent basis. B. Bridge and Culvert Inspections (Minor Structures) For all 110 minor structures, COMPANY will visit the site and complete a baseline condition assessment of the structures. Due to the size of these structures being under 36” or smaller, a confined space entry will not be performed. If the ENGINEER observes conditions that warrants a televising of the structure under the road, CITY will be notified to complete the televising utilizing its own crews or under a separate Agreement with a televising contractor. Televising services are not included in the scope of this Agreement. ENGINEER will provide an abbreviated inspection report summarizing our inspection, recommendations, and documentation. C. Bridge and Culvert Inspection Reports Upon completion of the inspections, ENGINEER will provide a Bridge Inspection Report summarizing our inspection, recommendations, Engineer’s Opinion of Probable Construction Costs (EOPCC) estimate, if required, and documentation for all major structures which are inspected. For all major structures listed on the NBI and subject to NBIS, ENGINEER will include the Routine Inspection Report form provided to IDOT. ENGINEER will also provide an abbreviated inspection report for all minor structures summarizing our inspection, recommendations, and documentation. D. GIS Updates In 2021, ENGINEER performed a structure inventory of visible storm pipe culverts that are 12” in diameter and larger within the city limits. Bridge structures that are part of the City’s biennial bridge inspection program as well as those that are not currently part of the City’s biennial bridge inspection program were inventoried. The following exceptions apply to this inventory: • Pipe culverts under private roads and trails were not inventoried. • Pipe culverts under driveways were not inventoried. Version2.3 02052021  Attachment A - Scope of Services 2026-2030 Bridge and Culvert Program 2503224 12/18/2025 Page 3 of 5 ENGUINEER also created a GIS database of the inventoried structures in consultation with the City’s GIS Department. The GIS database was set to Illinois State Plane Coordinates – East Zone (NAD83). A unique structure ID was assigned to each structure in the inventory and was added to the database. As part of the 2026-2030 Bridge and Culvert Program, ENGINEER will update the GIS database by linking the inspection report to the inventories structure database. This will allow the CITY to obtain structure specific information based on most current inspections from the City’s GIS portal. E. Program Management and Administration For all structures listed on the NBI and subject to NBIS, ENGINEER will submit the Routine Inspection Report forms along with the required channel cross section documentation (per NBI Subscription Service Announcement 20190717) to IDOT on behalf of the client. ENGINEER shall, to the extent practical, submit the required documentation to IDOT within 30 days after the inspection. ENGINEER will provide overall program’s project administration which will include periodic meetings to keep the CITY informed of the project progress and contract management. F. Updates to Bridge and Culvert Master Plan During odd years (2027 and 2029), ENGINEER will utilize the prior years’ inspection findings and update the Bridge and Culvert Master Plan. The plan revisions will include but not be limited to updating the condition assessment database, revisions to annual program layout, status of projects completed or under Phase I, II and III stages, revisions to funding eligibility, and costs. G. As-Needed General Consultation Services As-needed limited general consultation services may be needed during the program cycle. Up to 24 hours of general consultation time of a Senior Structural Engineer’s is included annually. This time can be utilized for emergency site visits, inspections and technical memos, or phone consultations and research. If the nature of the services extends beyond the general consultations requiring a much more detailed inspection, research and analysis, or repair and rehabilitations plans and specifications, these services can be provided under a separate agreement. 3.0 Deliverables and Schedules Included in this Agreement For all NBI structures, deliverables will include an inspection report including Routine Inspection Report (BBS-RIR), Special Inspection Report (BBS SI-1), if required, Channel Cross Sections, individual Structure Summary Report, recommendations, and EOPCC. For all non-NBI structures, deliverables will include an inspection report including individual Structure Summary Report, recommendations, and EOPCC. Structures inspection report will be delivered by September 30th of the year inspections are completed in accordance with the inspection schedule provided in Exhibit A. Version2.3 02052021  Attachment A - Scope of Services 2026-2030 Bridge and Culvert Program 2503224 12/18/2025 Page 4 of 5 For all minor structures, deliverables include a compiled inspection report including individual Structure Summary Report, recommendations, and EOPCC. Minor Structures Inspection Reports will be delivered by September 30th of year inspections are completed in accordance with the inspection schedule provided in Exhibit A. An updated Bridge and Culvert Master Plan will be delivered by September 30th in the year following the inspections. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are neither anticipated nor included as part of this AGREEMENT:  Engineering design and contract plans and specifications  Construction observation services  Funding applications  Comparison of existing conditions to current design criteria  Review of original design documents  Railroad insurance or Right of Entry agreements Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others  Machine and operators of Underbridge Inspection Vehicle. (a.k.a. Snooper)  Traffic Control and Protection for bridge inspection services 6.0 Client Responsibilities  Provide review of inspection reports and master plan  Televising services if deemed necessary for minor structures 7.0 Professional Services Fee 7.1 Invoices Invoices for COMPANY’s services shall be submitted on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT, suspend or terminate the performance of services. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event that any portion of an account remains unpaid Version2.3 02052021  Attachment A - Scope of Services 2026-2030 Bridge and Culvert Program 2503224 12/18/2025 Page 5 of 5 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys’ fees. 7.2 Extra Services Any service required but not included as part of this AGREEMENT shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.3 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.4 Fee and Payment The CLIENT AGREES to pay COMPANY on the following basis: 2026 - On lump sum basis in an amount of $110,000 2027 - On lump sum basis in an amount of $90,000 2028 - On Lump sum basis in an amount of $115,000 2029 - On lump sum basis in an amount of $60,000 2030 - Lump sum basis in an amount of $125,000 Total Program Costs for Bridge and Culvert Program Management for 2026 - 2030 in a lump sum amount of $500,000.00 Version2.3 02052021  Attachment B - Schedule Project Schedule  Executed Agreement and Notice to Proceed – June 30, 2026  2026 Inspection Report – December 31, 2026  2027 Inspection Report – September 30, 2027  Bridge and Culvert Master Plan update – September 30, 2027  2028 Inspection Report – September 30, 2028  2029 Inspection Report – September 30, 2029  Bridge and Culvert Master Plan update – September 30, 2029  2030 Inspection Report – September 30, 2028  Bridge and Culvert Master Plan update – September 30, 2030 Version2.3 02052021  Attachment C - Detailed Fee Summary 2026 - 2030 Bridge and Culvert Program Task# Task Description 2026 2027 2028 2029 2030 Total A Bridge and Culvert Inspections (Major Structures) $63,000 $0 $71,519 $17,200 $76,067 $227,786 B Bridge and Culvert Inspections (Minor Structures) $13,650 $51,480 $9,866 $0 $15,425 $90,421 C Bridge and Culvert Reports $19,163 $12,870 $20,346 $4,300 $22,873 $79,552 D GIS Updates $0 $6,440 $0 $20,160 $0 $26,600 E Program Management and Administration $4,155 $11,325 $4,155 $11,325 $4,155 $35,115 F Updates to Bridge and Culvert Master Plan $1,385 $3,775 $1,385 $3,775 $1,385 $11,705 G As-Needed General Consultation Services $5,400 $5,535 $5,673 $5,815 $5,961 $28,384 Total for 2026-2030 Bridge and Culvert Program $106,753 $91,425 $112,945 $62,575 $125,864 $499,562 Bridge and Culvert Program Lump Sum Costs $500,000 AGENDA ITEM: C MEETING DATE: June 10, 2026 ITEM: CivicPlus Software Products—Renewal ($79,726) OBJECTIVE: Renew the suite of CivicPlus products the city has been using for its website, city council agenda management, municipal code and Freedom of Information Act (FOIA) software. RECOMMENDATION: Approve the renewal of a consolidated subscription agreement for various CivicPlus products. ______________________________________________________________________________ The CivicPlus renewal consolidates multiple existing city software subscriptions into a single an- nual agreement. These services support the city website, agenda management, municipal code, FOIA processing, accessibility compliance and internal communication tools used by both resi- dents and staff. BACKGROUND The city has used CivicPlus for its primary website since 2004. For more than twenty years, Civ- icPlus has provided a website platform that staff have found relatively easy to update, maintain and manage. During that time, the city’s use of CivicPlus was primarily limited to website hosting and support services. Pricing for those services remained relatively stable for many years and has only exceeded $20,000 annually within the last three years. Since 2004, residents have increasingly expected easier ways to access public information and complete routine services online. Self-service features such as reviewing the municipal code, sub- mitting a Freedom of Information Act (FOIA) request, or tracking a piece of legislation do not lend themselves to a static webpage. In response to this shift, CivicPlus expanded its product offerings to include a broader suite of tools that support public access to information and improve opera- tional efficiency. The city has elected to utilize several of these services and staff have found them cost-effective, easy to use and reliable. Because these products were purchased at different times, each remained on a separate renewal schedule. For 2026, staff asked CivicPlus to consolidate the renewal for ease of consideration, budgeting and approval. 1 OPERATIONAL ANALYSIS The city’s website elginil.gov is hosted by CivicPlus. The website services contained within the subscription allow for a site-wide redesign once every four years. The next site redesign is slated for 2027. The Elgin website receives roughly 200,000 visits each year, with a heavy concentration on the employment and utility billing sections of the site. In addition to the base webhosting fee, Elgin takes advantage of other add-on items that enhance specific areas of the website. The De- partment of Cultural Arts and Special Events, The Hemmens, Parks and Recreation and the Police Department each maintain dedicated sections within elginil.gov that function similarly to standalone department websites while remaining integrated within the city’s primary website. These sections provide expanded navigation, department-specific content and additional func- tionality tailored to the needs of each department. Elgin also leverages CivicPlus’ intranet capa- bilities, which provide employees with an internal-only portal for communication, information sharing and organizational news. The city’s CivicPlus subscription includes optional accessibility tools, such as AudioEye and Acquia Web Governance, to help meet evolving Americans with Disabilities Act (ADA) requirements for digital content. As standards for accessible web content change, CivicPlus offers add‑on features, such as accessibility overlays and enhanced assistive functionality to improve usability for visitors with visual impairments and other disabilities. In addition to the website services, the renewal includes subscriptions for the following: • NextRequest is CivicPlus’ Freedom of Information Act request system. Elgin started using this service in 2026 and replaced Elgin’s GovQA FOIA system. • Municode is CivicPlus’ municipal code repository, which houses the Elgin Municipal Code. The city has utilized the platform since 2020. • Agenda and Meeting Management provides a centralized platform for city council agenda packets. The platform is currently undergoing internal testing and is expected to improve access to agenda materials for both council members and residents. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS All products included within the renewal are currently in use or scheduled for implementation. The proposed agreement consolidates the various subscriptions into a single annual renewal. 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT AMOUNT AMOUNT #(S) BUDGETED AVAILABLE Equipment Replacement 601-4800-796.40-06 N/A $79,726 $79,726 LEGAL IMPACT The proposed agreement constitutes an exception to the procurement ordinance requiring ap- proval by two-thirds of the members of the city council. ALTERNATIVES Many of the services included in the renewal are already integrated into daily city operations, while others are scheduled for implementation. Non-approval would result in the discontinuation of these services until replacement software could be identified, procured, and implemented. It is staff’s recommendation to continue with the approval of the renewal. NEXT STEPS Upon approval, staff will coordinate with CivicPlus to execute the renewal agreement and con- tinue uninterrupted service for the city's website, municipal code, FOIA and agenda management platforms. ______________________________________________________________________________ Originators: Aaron Cosentino, Chief Technology Officer Giovanni Jungo, Senior Management Analyst Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Renewal Invoice for Various CivicPlus Services 3  Invoice Updated Remittance Address: (FOR PAYMENTS ONLY) #368072 CivicPlus LLC 5/1/2026 PO Box 737311 Dallas TX 75373-7311 Bill To TOTAL DUE Aaron Cosentino City of Elgin, IL 150 Dexter Court Elgin IL 60120 $79,725.88 Due Date: 5/31/2026 Terms Customer Quote # Approving Authority Net 30 City of Elgin, IL Q-114268 Aaron Cosentino Qty Item Start Date End Date 1 Premium Bundle: Custom Banner, CodeBank, CodeBank 5/1/2026 4/30/2027 Compare + eNotify, OrdBank and MuniPro 1 OrdBank Subscription 5/1/2026 4/30/2027 1 Standard Department Header Annual Fee: Cultural Art & Special 5/1/2026 4/30/2027 Events 1 Municode Codification Updating State Law References Renewal 5/1/2026 4/30/2027 3 NextRequest Additional Users – 5 5/1/2026 4/30/2027 1 NextRequest Standard Plan; Unlimited Staff Users, Up to 10 5/1/2026 4/30/2027 Admin-Publisher Users, Up to 2TB Storage. Core Features. Review & Redaction Features. Payments. IT & Compliance Features. 1 PageCorrect 5/1/2026 4/30/2027 1 Acquia Web Governance Web & Web Accessibility Compliance 5/1/2026 4/30/2027 2,500 1 AMM Select: Pro Annual Fee 5/1/2026 4/30/2027 1 CivicPlus Media Annual Fee: Unlimited storage, unlimited users, 5/1/2026 4/30/2027 up to 3 concurrent streams 1 AMM Select: Live Meeting Manager Annual Fee 5/1/2026 4/30/2027 1 SSL Certificate Annual Fee 5/1/2026 4/30/2027 1 Website Annual Fee for Hosting and Support 5/1/2026 4/30/2027 1 48 Month Redesign Ultimate Annual - CivicEngage Central 5/1/2026 4/30/2027 Please submit payment via ACH using the details below. Please send notification of ACH transmission via email to remittance@civicplus.com. That address is not monitored for other inquiries or notifications. For our current W-9, please click this link: CivicPlus W-9. For any other invoice questions or information, please contact us at accounting@civicplus.com. Bank Name Account Name Account Number Routing Number JPMorgan Chase CivicPlus LLC 910320636 021000021  Invoice Updated Remittance Address: (FOR PAYMENTS ONLY) #368072 CivicPlus LLC 5/1/2026 PO Box 737311 Dallas TX 75373-7311 Qty Item Start Date End Date 3 Standard Department Header Annual Fee: The Hemmens, 5/1/2026 4/30/2027 Police, Parks & Recreation 1 SSL Management - CP Provided Only 1 per domain (Annually 5/1/2026 4/30/2027 Renews) 1 Custom IdP Integration Annual Fee 5/1/2026 4/30/2027 1 AudioEye Managed: https://elginil.gov/ 5/1/2026 4/30/2027 Total $79,725.88 Due $79,725.88 Please submit payment via ACH using the details below. Please send notification of ACH transmission via email to remittance@civicplus.com. That address is not monitored for other inquiries or notifications. For our current W-9, please click this link: CivicPlus W-9. For any other invoice questions or information, please contact us at accounting@civicplus.com. Bank Name Account Name Account Number Routing Number JPMorgan Chase CivicPlus LLC 910320636 021000021 AGENDA ITEM: D MEETING DATE: June 10, 2026 ITEM: Angel of Independence Replica—Custin Artwork Agreement with ACME Design, Inc. ($67,920) OBJECTIVE: Work collaboratively with ACME Design, Inc. to build a replica of the base for the “Angel of Inde- pendence” for use during La Fiesta de Elgin in 2026 and beyond. RECOMMENDATION: Purchase custom replica artwork prop from Acme Design Inc. in an amount of $67,920. La Fiesta de Elgin takes place each September and showcases several large-scale props including a large “MX,” Elgin-specific callejones (decorated alleys) and a replica of Mexico City’s “Angel of Independence.” Creating a permanent, decorative base for the Angel of Independence sculpture furthers the immersive experience and continues to set Elgin apart, creating a lasting memory and impression for attendees. Already becoming a tradition, these props will be used for years to come, solidifying the community’s commitment to the arts and culture represented in Elgin. BACKGROUND “Canta con Orgullo” kicked of Hispanic Heritage Month in 2024 with a concert, programming, food, drinks and fireworks display. The event, planned in partnership with Friends of Masons and the Gail Borden Public Library focused on authentically celebrating the Latino and Hispanic pop- ulations in Elgin and surrounding towns by including a car caravan, cultural performances, loteria game, and traditional Grito. An estimated 8,000 people attended the event, which was very well received. Continuing to build on the city’s Strategic Plan, the 2024 and 2025 events were revamped and titled “La Fiesta de Elgin,” which pays homage to a more traditional and recognizable saying in Mexican culture, which is, that there is a fiesta in Elgin. The 2024 event brought back many partners and expanded into two days in response to the growing demand for the event. Friday’s event included a new Mercado, smaller cultural perfor- mance hosted by the Gail Borden Public Library and more. Saturday’s programming focused on the caravan in the morning and concert and fireworks in the evening. Overall attendance was higher than the previous year, reaching approximately 8,000 in total over the two days; patron response was positive and programming plans for 2025 remained similar, however, due to weather and the federal activities at the time, the 2025 programming was altered and saw a drop in attendance. Programming planned for this year’s La Fiesta de Elgin will remain in line with the 2025 event, focusing on the caravan in the morning with evening activities at Festival Park including live mu- sic, the immersive environment and fireworks. The base of the sculpture in- cludes two levels, a main fa- cade and a base level. The main façade, which is depicted in the image on the left, in- cludes an inscription that reads, “La Nación a los Héroes de la Independencia' (The Na- tion to the Heroes of Inde- pendence). The sign for the sculpture will be added at a later date. This façade also de- picts eight figures that are sig- nificant to the fight for Mexi- can Independence. The first base level includes four corner pillars in the form of figures that represent law, war, justice and peace respectively. This level of the base also shows a male lion draped in oak garlands being led by a small boy, symbolizing force and intelligence. Many smaller details are added to both levels including the book, laurel crowns, and significant dates, all of which is blended in amongst the intri- cate detail of the base and fa- çade themselves. In preparation for the addition of the base, a few modifica- tions and minor repairs are re- quired for the preexisting tower. These include upgrading the fencing along the top to steel and painting, priming and in- stalling the railing within the existing mounting holes. 2 OPERATIONAL ANALYSIS Local business, ACME Design, Inc. fabri- cated the existing tower of the replica sculpture, which measures approximately 20 feet tall. ACME Design will fabricate the base of the sculpture in line with the exist- ing piece. The base will consist of similar materials that were used for the tower. These include a combination of mixed me- dia including EPS foam with fire-rated poly- urea/polyurethane hard coat as well as thermoplastic 3D printed elements, inter- nal armature, and scenic painting. A gold tone metallic paint and faux stone finished column with a metal base plate make the piece realistic when viewed up close. These materials ensure that the work is outdoor suitable for many years. The tower will be used as a reference point to ensure a seam- less match for paint and texture. The base will measure approximately 14 feet deep by 15 feet wide by 11 feet tall, which will make the completed sculpture approximately 31 feet tall and 19 feet wide. The fabrication is expected to be com- pleted in time for the event installation which is scheduled for the week of Septem- ber 7, 2026. The sculpture’s location, which was previously as festival park along the bike path, may be relocated to allow for the significantly larger size and installation pe- riod of approximately one month. The full sculpture will now reflect all of the main portions of the Angel of Independence which is located in Mexico City and can be seen in the adjoining photo to the right. These additions to an already popular and much-loved event further Elgin’s reputation as a city of the arts, but more importantly, lean into what makes the city’s programming and events unique; what brings people back year after year. 3 INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS These items are within the anticipated project budget. Total cost for both items includes all ma- terials and labor associated with the fabrication. The base for the Angel of Independence was included in the 2026 adopted budget. BUDGET IMPACT FUND ACCOUNT PROJECT # AMOUNT AMOUNT BUDGETED AVAILABLE General 010-5404-769.92-44 540072 $67,920 $67,920 LEGAL IMPACT Approval of this agreement would require an exception to the procurement ordinance requiring approval by two-thirds of the city council. ALTERNATIVES The city council may choose to purchase these works and remove them as elements of the event. NEXT STEPS Once the agreement is completed fabrication of these works will begin. Originators: Amanda Harris, Cultural Arts & Special Events Director Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck, Corporation Counsel Richard G. Kozal, City Manager ATTACHMENTS A. Agreement 4  PURCHASE AGREEMENT FOR ARTWORK THIS AGREEMENT is made and entered into this _____ of ____________, 2026, by and between the CITY OF ELGIN, an Illinois municipal corporation (“City”), and ACME DESIGN, INC., an Illinois corporation (“Artist”). WHEREAS, the City has determined that a beneficial public purpose will be served by entering into an agreement with the Artist to provide for the purchase of certain artwork and large- scale props from the Artist, pursuant to the terms and conditions of this Agreement; and WHEREAS, the Artist represents that it has the necessary expertise and experience to create and provide the artwork and large-scale props and to otherwise perform the subject services upon the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The foregoing recitals are hereby incorporated into this Agreement 2. The Artist shall create, fabricate, and provide to the City the following described one piece of artwork: (1) a custom replica of the base for the “Angel of Independence” sculpture located in Mexico City, to measure approximately eleven feet (11’) in height, fifteen feet (15) in width, and fourteen feet (14) in depth (the piece is herein collectively referred to as the “Artwork”. The specifications and design for the Artwork are set forth in Exhibit A, attached hereto and made a part hereof by this reference (the fabrication, creation, and provision of the Artwork and the services relating thereto are hereinafter referred to as the “Subject Services”). In the event of any conflict between the provisions of this Agreement and the provisions in Exhibit A hereto, the provisions of this Agreement shall control. The Artist represents and warrants that the Artist has the skills and knowledge necessary to create and provide the Artwork and conduct the Subject Services provided for in Exhibit A in a reasonable and workmanlike manner, and that the Subject Services set forth in Exhibit A are integral parts of this Agreement and may not be modified, amended, or altered except by a written amendment to this Agreement agreed to and executed by both parties hereto. 3. The Artist warrants and agrees that it shall complete the Subject Services under this Agreement and deliver the Artwork to the City on or before September 7, 2026. 4. In addition, upon completion of the Subject Services and the delivery of the Artwork to the City, the City shall purchase and the Artist shall sell and convey all right, title, and interest to the Artwork, including but not limited to all ownership interests the Artist may have in the Artwork. Artist further agrees and shall execute any other documents deemed necessary by the City to facilitate and/or effectuate the conveyance of the Artwork and/or the Artist’s interests therein to the City. 1  5. City shall pay to the Artist the total amount of Sixty-Seven Thousand Nine Hundred and Twenty Dollars ($67,920) for the Subject Services under this Agreement and for the conveyance any and all of Artist’s rights in the Artwork to the City (the “Purchase Price”). The Purchase Price is inclusive of all delivery and/or installation costs or any other charges in any way associated with the Subject Services. The City shall pay Thirty Three Thousand Nine Hundred and Sixty Dollars ($33,960) of the Purchase Price upon the execution of this Agreement. The City shall pay the balance of Thirty Three Thousand Nine Hundred and Sixty Dollars ($33,960) upon the completion of the Subject Services and the conveyance of the Artwork to the City. 6. This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. The relationship of the Artist to the City arising out of this Agreement shall be that of an independent contractor. It is expressly agreed and understood that the Artist and the Artist’s officers, employees, and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 7. If the Artist violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the City shall have the right to seek such administrative, contractual, legal or equitable remedies to which it may be entitled by law as a result of such violation or breach; and, in addition, if the Artist, by reason of any default, fails, within fifteen (15) days after notice thereof by the City demanding compliance, to comply with the terms and conditions of this Agreement, the City may terminate this Agreement. If the City violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and in the event the City, within fifteen (15) days after notice thereof by the Artist demanding compliance, fails to comply with the terms and conditions of this Agreement, the Artist, as its sole and exclusive remedy, may terminate this Agreement. Notwithstanding anything to the contrary in this Agreement or by implication or estoppel, with the sole exception of the money the City has agreed to pay the Artist pursuant to paragraph 5 hereof, no action shall be commenced by the Artist, any related agents, person s, or entities, and/or any of their successors and/or assigns, against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of the Artist in this Agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the Artist interest at the rate of nine percent (9%) per annum, plus attorney’s fees at the rate of Two Hundred Fifty Dollars ($250.00) per hour, which Artist agrees to be reasonable. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 8. To the fullest extent permitted by law, Artist agrees to indemnify, defend and hold harmless the City, its officials, officers, employees, agents, attorneys, commission members and boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or other relief, including, but not limited to, workers’ compensation claims, in any way resulting from or arising out of any breach of this Agreement or any negligent acts or omissions of the Artist in connection herewith, including any negligent acts or omissions of agents of the Artist arising out of the performance of this Agreement and/or the Subject Services by the Artist, its subcontractors, agents or employees. In the event of any action against the City, its officials, officers, employees, agents, attorneys, commission members or boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be 2 defended by legal counsel of the City’s choosing. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 9. The Artist, as author of the Artwork described in this Agreement, agrees to and does hereby permanently waive the Artist's rights pursuant to 17 U.S.C. § 106A(a)(3), or as otherwise may be provided by law, to prevent any distortion, mutilation, modification or destruction of that work, for whatever reason and for whatever use of the work such distortion, mutilation, modification or destruction of the work is undertaken. This waiver does not extend to the rights of attribution conferred by 17 U.S.C. § 106A(a)(1) or § 106A(a)(2). The provisions of this paragraph shall survive the sale and conveyance of the Artwork to the City and any expiration, completion and/or termination of this Agreement. 10. No official, officer, employee, agent, attorney or commission member 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. 11. Artist will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. Artist will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. Artist will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. 12. 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. 13. The terms and provisions of this Agreement shall be severable. If any paragraph, subparagraph, 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. 14. This Agreement and its exhibits constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly- executed amendment hereof. 15. 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 3 enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 16. Notwithstanding any other provision in this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement the Artist 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, the Artist hereby certifies, represents and warrants to the City that all of Artist’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. Artist shall also 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 pursuant to this Agreement. City shall have the right to audit any records in the possession or control of the Artist to determine the Artist’s compliance with the provisions of this section or of law. In the event the City proceeds with such an audit, the Artist shall make available to the City the City’s relevant records at no cost to the City. The Artist shall pay any and all costs associated with any such audit. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 17. 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: As to the City: As to Artist: City of Elgin Acme Design, Inc. 150 Dexter Court 37 North Union Street Elgin, IL 60120-5555 Elgin, Illinois 60123 City Manager With a copy to: Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 18. This Agreement is, and shall be deemed and construed to be, a joint and collective work product of the City and the Artist and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 19. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This Agreement and the obligations herein may not be assigned or delegated by the Artist without the express written consent of the City, which consent may be withheld at the sole discretion of the City. 4  20. Artist hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 21. The parties hereto agree that any cause of action by the Artist 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. 22. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. IN WITNESS WHEREOF, the undersigned have entered into executed this Agreement on the date and year first written above. CITY OF ELGIN ACME DESIGN, INC. By: By: _____________________________ ______________________________ Richard G. Kozal, City Manager Attest: _______________________________ Kimberly Dewis, City Clerk Legal Dept\Agreement\Purchase Agr-Acme Desgin-Replica Art-4-30-24.docx 5  EXHIBIT A DESCRIPTION OF ARTWORK AND SCOPE OF SERVICES, TO BE INSERTED Mexico City Angel of Independence sculpture: remaining lower portion; Work completed using the same 3D model files sourced online as stage one. (No digital sculpting or 3D file generation included in this estimate.) Mixed media array. EPS foam with polyurea/polyurethane hard coat as well as 3D printed elements and scenic painting. Will break down for transport and storage. Will include dark bronze toned metallic painted figures at bottom tier and bright white faux marble painted figures at mid-tier as well as faux stone finished plinths to match previous faux finishing on stage one. Plaques are deleted due to the shortened lead time and reduced budget. Metal armature extension posts and internal sleeving for mating to armature. Overall, approximately dimensions of the entire assembled lower portion will be 11 feet tall X 9 feet wide X 9 feet deep. Estimated cost for entire lower portion. - $64,940.00 6 Additional scope- Damaged/missing upper railing. Reproduce upper railing using minimum 16ga steel. Prime, paint, and install within existing mount- ing holes from original railing. Estimated cost for fabrication and replacement of damaged/missing railing. - $2,980.00Above pric- ing is based on the entire scope of work included in this estimate. Any reduction in scope may result in adjustment of pricing as needed. This entire estimate is based on a 14 (fourteen) week fabrication schedule (not including holidays). Authorization to proceed must be received fourteen (14) weeks prior to the due date. Compression of the production time frame and/or changes to project scope may result in price in- creases. This estimate is in effect for 30 days, after which it is subject to review. 7 AGENDA ITEM: E MEETING DATE: June 10, 2026 ITEM: Replacement Fire Hose and Nozzles—Purchase Agreement with Air One Equipment, Inc. ($69,066) OBJECTIVE: Purchase replacement fire hose and nozzles to maintain operational readiness and ensure relia- ble emergency response capabilities for frontline fire apparatus. RECOMMENDATION: Authorize the purchase of replacement fire hose and nozzles from Air One Equipment, Inc. in the amount of $69,066. The fire department is seeking approval to purchase replacement fire hose and firefighting nozzles from Air One Equipment, Inc. These critical firefighting components are utilized daily during emer- gency responses, training activities and annual testing, and are subject to significant wear from operational use and environmental conditions. Through the fire department’s National Fire Pro- tection Association (NFPA)-compliant annual hose testing program, some of the existing hose has been identified as no longer meeting performance standards and requiring replacement. This pur- chase will ensure frontline apparatus remain fully equipped with reliable fire suppression equip- ment, enhance firefighter safety, maintain operational readiness, and support the fire depart- ment’s ability to provide effective emergency services BACKGROUND The fire department is requesting approval to purchase replacement fire hose and associated firefighting nozzles for frontline fire apparatus. The requested equipment includes attack hose, large diameter supply hose, and nozzles utilized during fire suppression operations. This equip- ment is subject to significant wear and tear due to frequent operational use, exposure to extreme temperatures, abrasion, and environmental conditions. The replacement of aging and damaged hose and nozzles is necessary to maintain operational efficiency, provide reliable fire suppression capabilities, and ensure a greater margin of safety for the firefighters. Over the last few years, required annual hose testing has resulted in the discovery of a high volume of faulty hoses. OPERATIONAL ANALYSIS The requested equipment will enhance operational reliability and ensure consistency across the fire department’s suppression fleet. These components are critical for effective fire suppression 1 operations and are utilized regularly during emergency incidents, training evolutions, and un- dergo rigorous annual hose testing. Two years ago, the fire department began contracting with a third-party vendor to conduct hose testing in accordance with National Fire Protection Associ- ation (NFPA) guidelines. This testing has resulted in the discovery of significant amounts of fire hose needing to be replaced. Replacement of aging hose and nozzles reduces the likelihood of equipment failure during emergency operations and supports firefighter safety and operational effectiveness. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS The replacement of fire hose was included in the 2026 adopted budget for the fire department. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-2802-735.91-46 289795 $80,000 $80,000 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 1. Approve the purchase as presented. 2. Direct staff to seek alternative equipment options or vendors. 3. Deny the purchase request. NEXT STEPS Upon city council approval, the fire department will proceed with the purchase and deployment of the replacement hose and firefighting equipment to frontline apparatus. 2 ______________________________________________________________________________ Originators: Mike Rothecker, Assistant Fire Chief Robert Cagann, Fire Chief Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Air One Equipment, Inc. Invoice/Quotation B. Sales Agreement 3 AGENDA ITEM: F MEETING DATE: June 10, 2026 ITEM: Self-Contained Breathing Apparatus Units (SCBA) – Purchase Agreement with Air One Equipment, Inc. ($39,900) OBJECTIVE: Equip fire department ambulances with the necessary number of self-contained breathing appa- ratus (SCBA) units necessary to function at fire incidents. RECOMMENDATION: Approve the purchase of six MSA G1 SCBA demo units; six 4500 PSI SCBA cylinders; and four G1 SCBA facepieces from Air One Equipment, Inc. in the amount of $39,900. ______________________________________________________________________________ The fire department is seeking approval to purchase six MSA G1 self-contained breathing appa- ratus (SCBA) demo units; six 4500 PSI SCBA cylinder; and four G1 facepieces from Air One Equip- ment, Inc. This equipment is needed to fully outfit both the fire department’s new, sixth full-time ambulance and a reserve ambulance that will serve as a seventh response unit when staffing levels permit. Because ambulance personnel are cross trained as firefighters and paramedics, all frontline ambulances must be equipped with SCBA equipment to perform firefighting operations safely and effectively. To reduce costs, the fire department is purchasing discounted demonstra- tion units from its existing SCBA vendor. This purchase will ensure operational readiness, maintain firefighter safety and support the fire department’s ability to provide comprehensive emergency response services. BACKGROUND The fire department has identified the need to add additional self-contained breathing apparatus (SCBA) equipment to both the city’s new, sixth full-time ambulance and for a reserve ambulance that will be utilized when staffing levels allow. The fire department currently maintains a fully equipped reserve ambulance that is placed in service when staffing levels permit. This unit will become the new, full-time sixth ambulance at the end of this year. The fire department was pro- active in its planning and will be re-creating another fully equipped reserve ambulance which will serve as a seventh ambulance when staffing levels permit. 1 OPERATIONAL ANALYSIS Members of the fire department are cross trained as firefighters and paramedics. This allows personnel assigned to ambulances to respond and function as firefighting companies at fire events. All frontline ambulances carry self-contained breathing apparatus units (SCBA) allowing the ambulance crew to carry out all firefighting tasks. The new, sixth full-time ambulance will be going in service at the end of the year. However, the ambulance that will be used for this is currently a reserve unit and does not have SCBAs assigned. The fire department also plans on taking another reserve ambulance and fully equipping it so it can be put in service when staffing allows, creating a seventh response ambulance. This equipped reserve ambulance will also need SCBAs to provide full firefighting capabilities. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS To reduce the financial impact of this project, the fire department is purchasing demonstration units from our SCBA vendor at a significantly reduced cost. The total purchase cost is $39,900.00. Pricing was provided by Air One Equipment, Inc. The purchase includes: Six MSA G1 Fire Service SCBA Demo Units – $31,170 Six MSA G1 Cylinders – $7,050 Four G1 Facepieces – $1,680 This purchase was included in the 2026 adopted budget. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT #(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-2802-735.91-46 289786 $40,000 $40,000 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 1. Approve the purchase as presented. 2. Direct staff to seek alternative equipment options or vendors. 2 3. Deny the purchase request. NEXT STEPS Upon approval, staff will coordinate with Air One Equipment, Inc. for procurement, delivery, equipment setup, and deployment for department training and operational use. ______________________________________________________________________________ Originators: Mike Rothecker, Assistant Fire Chief Robert Cagann, Fire Chief Final Review: Debra Nawrocki, Chief Financial Officer Christopher J. Beck Corporation Counsel Richard G. Kozal, City Manager ______________________________________________________________________________ ATTACHMENTS A. Air One Equipment, Inc. Invoice/Quotation B. Sales Agreement 3  PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this _____ day of _________________, 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as “City”) and Air One Equipment, Inc., an Illinois corporation (hereinafter referred to as “Seller”). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell and install the goods and/or services to the City as described in the one (1) page Quote from Seller, dated January 13, 2026, attached hereto and made a part hereof as Attachment A. 2. TERMS AND CONDITIONS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions of this Agreement and Attachment A, the terms and provisions of this Agreement shall supersede and control. 3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Air One Equipment, Inc. 360 Production Drive, South Elgin, IL 60177 shall constitute effective service. The Parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this Agreement, except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 5. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal, written or implied between the Parties hereto. 6. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 1  7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller 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, nondiscrimination and legal status of employees. 9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 10. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at Seller's sole expense. 11. PAYMENT. City shall pay the total sum of Thirty-Nine Thousand Nine Hundred Dollars ($39,900.00) within thirty (30) days of delivery and installation or City’s receipt of invoice, whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The City of Elgin is a tax-exempt governmental entity. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney’s fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller’s officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action shall be defended by legal counsel of the City’s choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer’s warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories, components, and services to the benefit of the City. 2  15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION. The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants, prospective job applicants, and subcontractors. SIGNATURE PAGE FOLLOWS 3  The person(s) signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. AIR ONE EQUIPMENT, INC. CITY OF ELGIN _____________________________________ _____________________________________ Print Name Richard G. Kozal, City Manager _____________________________________ Attest: Signature _____________________________________ _____________________________________ Title City Clerk Legal Dept\Agreement\Air One Equipment-Purchase Agr-SCBA-6-3-26.docx 4 AGENDA ITEM: G MEETING DATE: June 10, 2026 Review City Council Rules of Procedure (Councilmembers Dixon and Steffen) Consideration of city council initiatives to amend city council rules of procedure.