COMMITTEE OF THE WHOLE Monday, April 9, 2012 7:00 p.m. 109 ... · Presentation on Geneva Generation...

COMMITTEE OF THE WHOLE

Monday, April 9, 2012 7:00 p.m.

City Hall Council Chambers

109 James Street Geneva, IL 60134

AGENDA

1. Call to Order 2. Items of Business a. Recommend Approval of FY2012/13 Commercial Package, Workers Compensation Excess Coverage, Excess Liability Coverage and Brokerage Fee in the Amount of $425,172. b. Recommend Approval of Street Closures and Use of City Services for City Hall Centennial and Rededication Celebration May 19, 2012. c. Recommend Approval of Street Closures and Use of City Services for Concours d’Elegance August 26, 2012. d. Recommend Approval for Use of Public Right-of-Way and Surety Bond Waiver for Gardenology Event May 19, 2012. e. Recommend Approval of Request to Solicit Charitable Donations by Geneva Lions Club for “Candy Days” October 5-6, 2012. f. Recommend Approval of Request to Solicit Charitable Donations by Geneva Lions Club for “Diabetes Awareness Days” May 4-5, 2012. g. Recommend Approval for Use of Fulton Street Parking Lot (St. Marks Church) for St. Marks Car Wash Fundraiser June 9, 2012. h. Recommend Approval to Place Signs in Public Right-of-Way at 113 S. Third Street for Yellow House Artists Exhibit May 4-5, 2012. i. Recommend Draft Resolution Authorizing Execution of FY2011/2012 Budget Amendments. j. Recommend Draft Resolution Approving Bond Ordinance Recordkeeping Policy. k. Recommend Draft Resolution Authorizing Execution of Professional Services Agreement with Weilandt Legal Services for Meeting Minute Preparation Related to Historic Preservation Commission, and Plan Commission. l. Recommend Approval of Extension of Professional Service Agreement with Applied Ecological Services Inc. for 2012 Groundwater/Wetland Monitoring and Installation of See Test Plots at Prairie Green Preserve in an Amount Not to Exceed $17,395.00. m. Presentation on Geneva Generation Facility Power Cost Analysis.

COMMITTEE OF THE WHOLE APRIL 9, 2012 n. Recommend Draft Resolution Authorizing Execution of Contract with Professional Cemetery Services at the Unit Prices of $600 per Burial and $200 per Cremain for FY2012-13. o. Recommend Draft Resolution Authorizing Execution of Contract with Classic Landscape in the Amount of $25,760.00 for FY2012-13 Landscape Maintenance at City-Owned Cemeteries. p. Recommend Draft Resolution Authorizing Execution of Contract with Clarke Environmental for 2012-2014 Mosquito Abatement Program in an Amount Not to Exceed $78,000.00. q. Recommend Draft Resolution Authorizing Execution of Contract with Caterpillar Power Systems for Operation and Maintenance of Geneva Generation Facility for 2012, 2013, and 2014. r. Recommend Approval of Certificate of Acceptance for Geneva Eye Clinic Storm Sewer, Detention Facility, and Site Grading. s. Recommend Draft Resolution Authorizing Execution of Contract with Visu-Sewer of Illinois in the Amount of $53,286.00 for 2012 Sewer Lining Project. t. Recommend Draft Ordinance Amending Title 9 (Water and Sewers), Ch. 2, Article A (Service Rates and Charges) of the Geneva City Code. 3. New Business 4. Upcoming Meetings: Committee of the Whole and Special City Council: April 23, 2012. 5. Adjournment

AGENDA ITEM EXECUTIVE SUMMARY

Agenda Item: Consider draft resolution approving of General Liability/Property, Excess Workers’ Compensation Insurance, and Excess Liability Policies Renewals

Presenter & Title: Stephanie K. Dawkins, Asst. City Admin./Dir. of Admin. Services

Date: April 09, 2012

Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other -

Estimated Cost: $425,172 annually Budgeted? X YES NO

If NO, please explain how the item will be funded:

Executive Summary:

The City’s current commercial insurance packages and excess workers’ compensation coverage is with Argonaut Great Central Insurance Company (Trident) and Midwest Employers Casualty (excess workers compensation coverage) which includes coverage for City property, inland marine, general liability, employee benefits liability, employment practices liability, law enforcement liability, public officials’ liability, automobile liability, automobile physical damage, crime, umbrella liability, excess errors and omissions, boiler and machinery coverage, electric utility, and workers’ compensation excess coverages expires on April 30, 2012.

Workers’ compensation coverage has been funded through a self-insured program since 2003 with reinsurance through Midwest Employers Casualty. This excess coverage policy also expires on April 30, 2012.

The attached is a memorandum from Arthur J. Gallagher Risk Management Services, Inc. outlines the renewal proposal for those coverages.

Attachments: (please list)

Memorandum

Recommendation / Suggested Action (briefly explain):

Recommend approval of the commercial package, workers compensation excess coverage, excess liability coverage and brokerage fee as presented at a total cost of $425,172. This proposed amount is manageable within the proposed FY 2012-2013 budgets of the respective funds.

RESOLUTION NO. 2012-

RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL TO BIND COVERAGE FOR COMMERCIAL LIABILITY, EXCESS WORKERS’ COMPENSATION, PROPERTY,

BOILER AND MACHINERY, AND EXCESS LIABILITY EFFECTIVE APRIL 30, 2012

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE

COUNTY, ILLINOIS, as follows:

SECTION 1: That the Mayor is hereby authorized to accept the proposal to bind the City’s

commercial package policies, excess workers’ compensation, property, boiler and machinery, and

excess liability coverage effective April 30, 2012.

SECTION 2: This Resolution shall become effective from and after its passage as in

accordance with law.

PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of

_________, 2012.

AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __

Approved by me this ___ day of April, 2012.

Mayor ATTEST: City Clerk


Agenda Item: City of Geneva – Centennial Celebration and Rededication Ceremony of City Hall

Presenter & Title: Ellen Divita, Director of Economic Development

Date: April 5, 2012


Estimated Cost: $1000 Budgeted? YES

NO If NO, please explain how the item will be funded: Executive Summary: When the Geneva City Hall was built in 1912 a time capsule was placed in a cornerstone of the building. To commemorate this 100 year birthday, City Staff have planned several events the morning of Saturday May 19, 2012. Activities include:

An unveiling of the contents of the time capsule Geneva High School Marching Band American Legion Color Guard Tours of City Hall A community photo (to be placed in the next time capsule). Local photographer Tom Nicol has

volunteered his time and talents for the photo; boards will be placed on the roof of 15 S. First to provide a vantage point.

US Navy Band will play for 2 hours A welcome book for attendees to sign in Refreshments will be served from the ILH Gazebo A rededication of the building (with plaque)

Street closures requested are:

James from First to Second (8:00 AM to noon) Second Street from James to Campbell from 8:30 – 9:00 AM to stage the Marching Band No parking on First Street in front of City Hall (both sides of First from State to James) No parking in the Alley between City Hall and the Library, or at the north end of City Hall

The Police Department will post “No Parking” signs the night before. A letter has been sent to all businesses along the street closures and that no parking signs will be posted. The intersection of 2nd and James will be barricaded as the Marching Band passes through to their location in the alleyway between

City Hall and the Library. The Navy Band will play at the base of the alley on James Street, from 10 to noon while tours of City Hall are occurring. Attachments: (please list)

Event Application Form

Map of City Hall detailing closures and activities

Recommendation / Suggested Action: (briefly explain)Council is asked to approve the following motion: Staff recommends the Mayor and Committee of the Whole recommend approval to the City Council of all required street closures and City services in execution of the May 19, 2012 City Hall Centennial Celebration and Rededication Ceremony. For Office Use Only:

Agenda Item Number:


Agenda Item: Street Application requesting Street Closings and City Services for Geneva Concours d’Elegance, August 26, 2012


Date: April 9, 2012


Estimated Cost: $1000 Marketing Budgeted? Y YES

NO

If NO, please explain how the item will be funded: Street sweeping, distribution of trash boxes and placement of street barricades will be done during normal shift work. City Economic Development Department has budgeted for marketing assistance with funds derived from hotel motel tax. Concours d’Elegance will be invoiced for Police and or ESDA time. Executive Summary: Geneva Concours d’Elegance requests City approval for City Services and street closures on Sunday August 26, 2012 for their Invitational Classic Automobile Event. Autos are displayed on Third Street from South to State Street and all east-west feeder streets from 2nd to 4th Streets. Midwest Car Club members will park in the old Kane County Parking lot. The event is open to the public from 10:00 AM to 4:00 PM at no cost to the public, promoted as a family event. The 2012 Beneficiary is the LivingWell Cancer Resource Center. (See attached maps). Additional street closures are requested for this year. There will not be more cars, but there will be more room for the cars, which will help attendees to better see the vehicles. The organizers have met with Geneva Police Department and Geneva Fire Department. For Sunday 8/26/12 event, organizers request:

Clearing of Third Street late Saturday evening on 8/25/12 Street closures from 6AM to 6PM on these streets (“No Parking Signs” will be posted the day

prior): o Third Street closed from State Street to South Street (new this year – James to State) o Campbell from Second to Fifth Streets (cars on display) o Franklin from Second to Fourth streets (open for 2nd for church services in AM) o Fulton from Second to Fourth streets (open for 4th for church services in AM) o Fourth St between Franklin and Campbell (Police Department suggested) o James from 2nd to 3rd Streets will be posted as “No Outlet,” with signage at 2nd noting

parking for restaurant customers o James , 3rd to 4th Street closed for volunteer parking

Public Works distribution of barricades, street sweeping and distribution of trash boxes . Allied

Waste Services provides organizers with a dumpster at Dodson Place and volunteers place waste boxes at all corners. During cleanup, after 6PM, garbage bag inserts are tied and picked up and there is no waste left on streets. Allied picks up boxes the next day.

Assistance from the Fire Department on street set up. Traffic control from Police or ESDA to be paid for by the organizing committee Concours d’Elegance will pay for additional police and ESDA services as needed.

Other notes:

Participant cars will be parked on Third Street and side streets in a manner that will assure an 18 foot passage way on the street to allow for emergency vehicles. Over flow of classic cars will be parked parallel to the curb on Fourth Street between Campbell and Franklin only if necessary.

Public Works will hang street pole banners to promote the event, after the Fine Art Show Concours d’Elegance provides 50 additional Flower Planters for the City to use; they remain on

the street until PW assists in collection in late fall. Concours d’Elegance provides their own sound source (they own the electric source and

equipment) Electric will come from a private source at Dodson Place. Event organizers will continue to

educate and enforce the necessity for the 18 feet clearance needed on City streets to allow for the passage of emergency vehicles.

Concours d’Elegance operating committee will provide the sound system, sanitation facilities (port-a-potties), and clean-up on Sunday 8/26/12.

Insurance and bonding will be provided to both the City, County, Park district, and Kane County Forest Preserve.

Accommodations will be made for Church Services. The Police Department will post “no parking” signs on Fulton Street, between First and Second

street on Sunday, 8/26/12 between the hours of 6 am to 9 am. A call will be made to JULIE before stakes are driven for for any tents. These are to be open air

canopy structures so no tent permit is required. Locations have been discussed with Geneva Fire. Several Artists will be painting/drawing on the lawn of the Courthouse; they have paid

sponsorship fees to the organizers.

All City Departments have reviewed and approved the request (a map and detailed request memo from Patt Barrett is attached).

Attachments: (please list)

Event Application Form Concours d’Elegance request letter and Map of Street Closure Additional information on the event Approval from Kane County

Recommendation / Suggested Action: (briefly explain) Council is asked to approve the following motion: Staff recommends the Mayor and Committee of the Whole recommend approval to the City Council of all required street closures and Police/ESDA services in execution of the 2012 Geneva Concours d’Elegance event. For Office Use Only:

Agenda Item Number:


Agenda Items: Request For Use of Public Rights of Way for May 19, 2012 Gardenology Event and Surety Bond Requirement Waiver

Presenter & Title: Paul Evans, Business Development Specialist Date: April 2, 2012 Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting X City Council Meeting Special City Council Meeting Public Hearing Other -

Estimated Cost: $500

Budgeted? _____X_______YES ______________ NO

If NO, please explain how the item will be funded: Support of this project is funded by the merchants and through existing marketing budget. Staff is providing some graphic design, publicity, advertising, and inter-business communication services.

Executive Summary: A group of downtown business owners, representing various downtown businesses, have requested the use of public rights of way and a surety bond requirement waiver for a merchant-run promotion called “Gardenology” which will be held, Saturday, May 19, 2012 from 10 AM to 4 PM. Subject matter “Advisors” will present information on garden related topics; these advisors will be in front of participating businesses and scattered along south Third Street to the Commuter Train Station and few on State Street. The attached map shows the general area of the advisor locations which are proposed to be on private property (next to the participating businesses) and on the public sidewalk along State, Third, Campbell and James Street). The merchants have also asked for a waiver of the surety bond requirement for transient merchants and itinerant vendors. The bond requires a minimum of $1,000 be deposited per vendor which is then held by the Attorney General’s office for two year. Staff believes the surety bond requirements are too onerous for this type of one day community event. Those For-Profit, Out-of-Town businesses selling products will still need to pay the $100 application fee. The Special Event application has been routed to each City Department and no special services are being requested. Staff requests City Council to allow the merchants to conduct their advisor booths for Gardenology on May 19, 2012 in the area shown on the attached map provided:

• the business owners agree that the sidewalks remain passable for the public allowing a 5 foot clear pathway and to clean up all the debris after the event

• Permission is granted from Kane County to use the Courthouse lawn and $500,000 in hazard liability insurance is carried for the event

• All for-profit Itinerant Vendors pay the $100 city permit fee Attachments: (please list)

• Gardenology Summary

• Special Event Application • Map of Project Area

Recommendation / Suggested Action: (briefly explain) Economic Development staff recommends to the Mayor and City Council to approve the use of public rights of way in the locations shown for Saturday, May 19, 2012, ( provided the business owners agree to the conditions stated above) and a waiver of the surety bond requirement for Itinerant Vendors participating in Gardenology.

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Gardenology Event Area


Agenda Item: Geneva Lions Candy Days October 5-6, 2012


Date: April 9, 2012


Estimated Cost: Budgeted? YES

X NO If NO, please explain how the item will be funded:

Executive Summary: The Geneva Lions Club has requested permission to hold Geneva Candy Days Fundraiser on October 5-6, 2012 from the hours of 7 AM to 6 PM. For over 30 years, the Geneva Lions have collect funds for sight and hearing charities and other causes the club is devoted to. This year they wish to have members at the following City Right of Way locations:

Starbucks on State Street at 3rd Street US Post Office on Third Street at James

Lions members would be on the sidewalk at the above locations. No City services are requested. An insurance policy certificate naming the City of Geneva is forthcoming. The attached special event application has been routed to all Departments and none have expressed concern. As a point of information, Lions members will also be collecting in front of Geneva High School Football Field, Geneva Metra Station, 7-11 in Geneva, and the Blue Goose in St. Charles. The Lions have been informed of their need to receive permission from individual private property owners. Attachments: (please list)

Event Application

Recommendation / Suggested Action: (briefly explain)Approve the Geneva Lions Club request to collect charitable donations at the places noted above on October 5-6, 2012 from the hours of 7 AM to 6 PM.


Agenda Item: Geneva Lions Diabetes Awareness Days May 4-5, 2012


Date: April 9, 2012


Estimated Cost: Budgeted? YES

X NO If NO, please explain how the item will be funded:

Executive Summary: The Geneva Lions Club has requested permission to hold Geneva Lions Club Diabetes Awareness Days on May 4th and 5th from the hours of 8 AM to 4 PM. For over 30 years, the Geneva Lions have collect funds for sight and hearing charities and other causes the club is devoted to. This year they wish to have members at the following locations:

Starbucks on State Street at 3rd Street US Post Office on Third Street at James

All Lions members would be on the sidewalk at the above locations. No City services are requested. An insurance policy certificate naming the City of Geneva is forthcoming. The attached special event application has been routed to all Departments and none have expressed concern. Also, as point of information, Lions Club Members may also collect in front of the downtown 7-11 at 7th and State Street, Dominick’s Foods on Randall Road, and the Geneva Walgreens at State Street and Bricher. Permission will be obtained from the private property owners. Attachments: (please list)

Event Application Cover Letter from Lion Matt Teske on behalf of the Geneva Lions Club

Recommendation / Suggested Action: (briefly explain) Approve the Geneva Lions Club request to collect charitable donations at the places noted above on May 4-5, 2012 from the hours of 8 AM to 4 PM.

City of Geneva, Illinois Special Event/Festival Application _________________________________________________________________________

A. Name of Applicant______________Matt Teske_______________________Phone__(630) 232-0780_ Email:[email protected] ____________________________________________ Address________127 James St.___________City____Geneva__State__IL__Zip____60134-2241__ Are you conducting the activity on behalf of an organization? Yes__X____ No________ Name of Organization_______________Lion’s Club of Geneva__________________________________________ Address_______P.O. Box 382__________________City__Geneva______State IL_Zip____60134_________ Phone_________________________________________ Fax____________________________________________ Social Security/Federal ID No.:________36-3634647______________________________________________ B. Description of the proposed event: Diabetes Awareness Days C. Site of Proposed Event:__In front of post office at Third and James and Starbucks on State St. __________________________________________________________________________________________________ D. Date(s) of proposed event_______________May 4 and May 5________________________________________ E. Time(s) of proposed event___________________8 am through 4 pm_______________________________ F. Estimated maximum number of persons expected at the event each day:__________________________________ G. Is alcohol going to be served or provided? YES| NO | MAYBE License applied for?______________________ H. Submit in writing a detailed explanation, including drawings, site plan, and diagrams where applicable, of your plans to provide for the following –

1. Police/Security and Fire Protection 2. Food, water and electrical supply facilities 3. Health and sanitation facilities (supply copy of health department paperwork) 4. Medical facilities and services, including emergency vehicles and equipment (if required) 5. Vehicle access and parking facilities 6. Camping and trailer facilities, if overnight stays are anticipated 7. Illumination facilities 8. Communications facilities 9. Facilities for clean up and waste disposal 10. Noise control and abatement 11. Insurance and bonding arrangements (please attach Certificate of Insurance naming City of Geneva as

additional insured. 12. Clean up procedure

Date:______3/7/11 ________Signature of applicant__________________________________________


Agenda Items: Request For Use of Fulton Street Parking Lot by St. Mark’s for a Car Wash on June 9, 2012


Estimated Cost:

Budgeted? ______________ YES ______________ NO


Executive Summary: St. Mark’s Church on Franklin and Fourth Street has requested the use of the Fulton Street parking lot on April 15th and June 9th for a car wash to benefit their mission project. The first car wash on Sunday, April 15th is consistent with the City’s lease of the parking lot which allows them exclusive use of the parking lot on two Sundays a year (see attached lease). The second car wash on June 9th is on a Saturday and requires Council approval. On June 9th St. Mark’s has requested to use 22 of the 46 public parking spaces in the Fulton Street Parking Lot from 7 am to 6 pm for their car wash. The only request they have from staff is for Public Works to drop off barricades on the Friday before the event. Staff will recommend that the car wash use the City’s low suds soap to minimize the use of water. The City Departments have reviewed the request and have no other comments. Staff has confirmed with St. Mark’s that the approval of the Saturday, June 9th car wash will count as their second “Sunday” under the lease. St. Mark’s will also supply the City with a certificate of insurance for both events which names the City as an additional insured. Attachments: (please list)

• Special Event Application • Maps of Project Area • Fulton Street Parking Lot Lease

Recommendation / Suggested Action: (briefly explain) Economic Development staff recommends to the Mayor and City Council to approve the use of 22 parking spaces in the Fulton Street public parking lot on Saturday, June 9, 2012, by St. Mark’s for a car wash pursuant to the conditions outlined in the staff report.

4th St

3rd St

Fulton St

Franklin St

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Fulton Street Parking Lot - St. Mark's Car Wash

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Agenda Items: Request To Place Signs in Public Right of Way for the Yellow House Artists Exhibit on May 4-5, 2012


Estimated Cost:

Budgeted? ______________ YES ______________ NO


Executive Summary: The Yellow House Artists from St. Charles will be hosting an art exhibit and sale on May 4-5, 2012 at the Geneva History Center. The Yellow House Artists have rented the Geneva History Center for those two days for their annual art show. Any paintings sold during the exhibit would be reported as a sale from the Geneva History Center. The Yellow House Artists will place a banner in the History Center window announcing the exhibit. The only request that the Yellow House Artists have is to be able to post signs in the public right of way announcing their event. They would place the signs on the back of the benches in the front of the History Center (see attached). The Yellow House Artists are not requesting any City services. Staff has no other concerns with this application and recommends approval. Attachments: (please list)

• Special Event Application Recommendation / Suggested Action: (briefly explain) Economic Development staff recommends to the Mayor and City Council to approve the request by the Yellow House Artists to place signs as indicated in the public right of way on May 4-5, 2012, for their art exhibit and sale.

1 October 28, 2011

Sponsoring Entity Checklist Please submit your completed/signed Special Event Application to the City Economic Development Department. This application includes the following (check all that apply):

__x___ Event Information including request for City Services __x___ Site Plan and/or Route _____ Proof of Insurance _____ Hold Harmless Agreement on your organization’s letterhead (sample language attached)

Indicate Date applied for other approvals (if needed) (check all that apply):

_____ Food Permit/Kane County Health Department _____ County Courthouse Lawn or Government Center Event Permit / Kane County Facilities

Contact: Tim Harbaugh, P.E., DEE Executive Director of Facilities, Development, and Environmental Resources 719 Batavia Ave., Geneva, Il, 60134 (630) 208-5173 (630) 208-5137 fax email: [email protected] website: www.co.kane.il.us

_____ Raffle License (Kane County Clerk’s office) _____ Geneva Park District _____ IL Department of Transportation (street closure requests) _____ Kane County Department of Transportation (street closure requests)

Any required Permits (code section is noted) (check all that apply):

_____ Carnival License Title 4, Chapter 4, Section 4-4-6 – Carnivals and Amusement Rides _____ Temporary Outdoor Sales of Beer and Wine Title 4, Chapter 2, Section 4-2-17: Outdoor Retail Sales of Beer

and Wine and Title 4, Chapter 2, Section 4-2-18 Special Event License for City Festivals or Fairs _____ Tent Title 10, Chapter 4, Fire Prevention and Safety __x___ Sign/Banner Title 10, Chapter 5, Signs _____ Itinerant Merchant /Transient Merchant License Title 4, Chapter 9

Applicants Statement of Agreement: Everything that I have stated on this application is correct to the best of my knowledge. I have read, understand, and agree to abide by the rules and regulations included in this application including the instruction section of this application. The permit, if granted, is not transferable and is revocable at any time at the absolute discretion of the City of Geneva. I hereby affirm that the above information is true and correct in describing the intent of this application. I understand that the issuance of the special event permit is contingent upon compliance of all conditions, requirements, and City codes. I, Edward D. Zack

Date: ____3/12/12___________________Signature of applicant _____

the undersigned, agree to abide by the provisions in this application and the instructions attached hereto.

(for internal use:) ___ Impact (Low, Medium, High) Date Routed (if applicable): ___ City Administrator Office ___ Building Dept. ___ Economic Development Dept. ___ Fire Dept. ___ Police Dept. ___ Public Works ___ Kane County Health Dept. ___ Kane County Facilities ___ Kane County Dept. of Transportation. ___ Geneva Park District ___ Illinois Dept. of Transportation

City of Geneva, Illinois Special Event/Festival Application November 2011

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2 October 28, 2011

Thank you for considering the City of Geneva as you plan a special event for your organization. The City understands the benefits of your hosting activities here in Geneva. The event application process is designed to help you and the City plan ahead so that: 1) needed City services are adequately provided for the day of your event,

2) City permits are approved, and 3) any required City Council permission has been granted.

When the City is able to provide these services during the course of regular business operation we will do so. If overtime or additional City resources are required, your organization is obligated to pay for these services.

Please do not assume that all aspects of the event will be approved. You may be asked to make some changes based on the availability of services and/or scheduling of other events. If you are requesting any Police services (including street closures, use of parking spaces, no parking signs, or barricades), you must schedule a meeting with the Geneva Police Department. Contact Commander Eric Passarelli at (630) 232-4736. Be aware, the City will allow on-street parking and keep streets open as long as possible before any closures will occur.

The City of Geneva states that the public “right of way” and public property can only be used for special events after approval from the City Council. Special Event Applications should be approved by the City Council 60 days in advance of the event. Requests for changes or additional services are not guaranteed for approval and/or may require additional cost for the City to provide. Please refer to the Special Event Policy and Permit Instructions while completing this application.

A. Name of Event: YHA Art Exhibit and Sale

EVENT INFORMATION

B. Estimated Attendance (max per day): 50 C. Type of Event (check all that apply):

_____ Festival/Fair _____ Parade/March _____ Race/Walk/Bike Ride _____ Concert _____ Carnival _x__ Other:

Art Exhibit and Sale

D. Description of the proposed event: An art exhibit and sale in conjunction with the city of Geneva First Friday Event held May 4th and 5th…The exhibit and sale will be in the Geneva History Center located at 113 South Third Street.

City of Geneva, Illinois Special Event/Festival Application

3 October 28, 2011

E. Event Details: Is the event one day or multiple? ____ One Day __x_ Multiple Is the event in one location or multiple? __x_ One Location _____ Multiple Event Start Time: Date May 4th Time _10:00 a.m.

Event Finish Time: Date May 5th Time 9:00 p.m. What, if any, is chosen for a rain location on the original date? none What, if any, is chosen for a rain date? none Is this an Annual Event? x___ yes _____ no Is the event a fundraiser? _____ yes _x_ no Beneficiary: Registration/Entrance Fee: _____ yes x__ no Amount: $

F. Site of Proposed Event:

The Geneva History Center 113 South Third Street, Geneva IL. G. Is the Event on public or private property? Please check all that apply:

a. __X___ Private Property (if so, owned by whom? History Center _) b. _ ___ City Sidewalk ____ City Streets ___ Parking Spaces ___ City Parking Lots ____ River Park

(if yes to any items in “b” be sure to provide details in section M) c. _____ Kane County Courthouse on Third Street d. _____ Kane County Government Center on Batavia Avenue e. _____ Kane County Forest Preserve District f. _____ Geneva Park District Property g. _____ Property owned by other government agency (identify by address or street corner):

_______________________________________ H. Name of Organization staging event: The Yellow House Artists (YHA) c/o Mary Enck

Address 1550 Kirkwood Drive, City: _Geneva_________ State: _IL______ Zip: 60134 Phone: (630)-485-0288 Fax: Is the organization registered with the State of Illinois as a non-profit organization? __x___ yes ____ no

I. Name of the Applicant: Edward D. Zack Relationship to the Organization? YHA Member of the marketing committee Are you 18 years or older? ___X__ yes _____ no Work Phone: Cell Phone: 847-204-0380 Home Phone: same Email: [email protected] Address 834 Baltusrol Dr. City: _Elgin__________ State: __IL_____ Zip: 60123

J. If other than (I) above, who will be the City’s Main Contact?

Main Contact: _____________________________ Relationship to the Organization? Work Phone: __________________ Cell Phone: ____________________ Home Phone: ____________________

4 October 28, 2011

Email: _______________________________________________________________________________________ __ Address: _____________________________________ City: _______________ State: ____ Zip: ___

K. Do you use a Liability Release Form or signed waiver? _____ yes __x___ no Please attach if yes.

L. Use the following table, or additional pages to submit in writing a detailed explanation, including drawings, site plan, and diagrams where applicable, of your plans to provide for the following. (Notate the map in section O as needed)

Requested City Services Details Describe where and why the service is needed. Indicate needs on a site diagram, either

Section O, or attach a map. Does your event require the use of city sidewalks?

Where? Please map in Section O. Yes

Does your event require the use of city parking lots?

Which lots? Please map in Section O.

Does your event require closure of any on-street parking spaces? For what use? (for example, trolley, tent, or other?)

Which spaces? Please map in Section O.

Does your event have a plan for vehicle access and parking facilities?

Please explain need for “No Parking, Detour, & Road Closed” signs and mark on the map in section O. As the exhibit is in conjunction with the Geneva First Friday, visitors are walking to and from the location. Therefore no special parking is needed.

YES NO X

YES NO X

YES NO X

YES NO X

5 October 28, 2011

Do you wish to use the front lawn of the Kane County Courthouse on 3rd St.?

A County permit and permission is required. Please contact Kane County Government for permission.

If you would like barricades or traffic cones, please identify the intersection, date and time:

Intersection N/S/E/W Dates Times If you are requesting a street closure, please fill in the following information and submit a map along with this application.

Street From To Dates Times Are you requesting Police services?

• Security • Barricades placed? • “No Parking” signs posted • Crowd control • Street closure • Crossing assistance • Other?

Please provide details here

If you would like street crossing assistance, please identify the intersection, date & time:

Across what street At what cross street Dates Times For ex: Route 38 @ River Lane 5/2/2012 9am – 10:30am

Event Details Details describe where and why the service is needed, and if indicated on an attached map

YES x NO X

YES NO X

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Clean Up & Waste Disposal Identify your procedure – who and how. The event will take place inside the History Center. The set up committee and clean up committee set up the paintings and signs and take them down at the end of the event. The History Center provides us with waste baskets for any need during the event.

Will you use a tent? If yes, have you applied for a permit? Indicate where you wish to place the tent.

Will you use a stage? If yes, please map in Section O

Is control and abatement needed?

By signing this application, you agree to adhere to the City Noise Ordinance, Title 5, Chapter 3.

Are you intending to sell merchandise outside?

If yes, where?

Are Itinerant Merchant licenses needed?

If merchandise is to be sold by any vendor who does not already operate a licensed business in the City, list these businesses and provide the Illinois Business Tax Number (IBT#) for the business. Please use a separate sheet if necessary. If the list is not yet known, please advise when you will be able to submit to the City. The History Center has agreed to run all sales during our exhibit.

Are connections to the City Water Utility needed?

Where and for what purpose?

Are connections to the City Electric Utility needed?

Where and for what purpose?

Insurance and bonding arrangements

Please attach certificate of insurance naming City of Geneva as additional insured. If not yet available, please advise when you will be able to submit to the City? Insurance Company Name: Address: Phone: Contact:

Fire Protection and Emergency Medical Services

Is this Private Property? Is this Public Property?

YES NO

YES NO X

YES NO X

YES NO X

YES NO X

YES NO X

X

YES NO X

YES NO X

7 October 28, 2011

Will the Fire Department have access to all sites in the event of an emergancy?

In not, please provide a contingency plan in the event of an emergency.

Will you be supplying your own First Aid station?

Depending on attendance, the City may require Police and/or Fire personnel at the function. The City shall determine the number of personnel necessary to ensure the safety of participants, minimize the inconvenience to residents, and reduce the public liability exposure to the sponsoring agency as well as the City. City personnel involved in advance of, during, and after, the day(s) of the event may be charged back to the sponsoring agency.

Will any fire hydrants be obstructed?

If yes, where?

Food and Drink, Health and Sanitation Facilities Are you intending to sell or serve food?

Where will food be served? (If yes, contact the Kane County Health Department)

Who will prepare the food?

Have you applied for a permit from the Kane County Health Department? Kane County Health Department, 630-444-3040

Food Station Waste Please explain how you will dispose of food related waste including grease and refuse.

Do you wish to serve alcohol? If yes, please contact the City Administrator’s office to apply for proper permitting.

YES NO

Private Property Public Property

Inside Outside

YES NO X

YES NO X

YES NO X

YES NO X

YES NO X

8 October 28, 2011

SITE PLAN AND/OR ROUTE M. Site Map to be completed by event organizer. Use this page to provide a diagram of the event. In the

space below, please provide the following information (if applicable). Attach a sheet if additional space is needed.

• General map of location • Street Closures /Parking

Information Sign locations • Garbage Cans (GC) • Tents (tent)

• Electrical Equipment (Elec) • Loud Speakers (Spkr) • Bleachers (B) • Food Vendor Booths (FV) • Other Business Booths (BB)

• Stages (S) • Toilet Sites (T) • Information Booths (Info) • First Aid Stations (FA)

History Center

C A M P B E L L

Banner Location

THIRD STREET

Street Signs Attached to permanent city benches in front of the History Center

The exhibit will take place inside of the History Center located at 113 South Third Street. Outside of the History Center will be the following signs:

• One banner sign 2 feet by 6 feet attached to the window of the History Center ( see schematic and attached photo)

• Two street signs. (see schematic and attached photos) o One on each side of the entrance to the History Center

attached to the city benches that are in the parkway

J A M E S

Entrance

Permanent City Benches

9 October 28, 2011

HOLD HARMLESS AGREEMENT For most type of activities the City will require a Hold Harmless Agreement on your organization’s letterhead using the following suggested language. This form must be signed by an authorized representative of your organization. In consideration of the City of Geneva permitting, the Yellow House Artists (“Organization”)

to conduct Exhibit and Sale (“Event”), the Organization recognizes, acknowledges, and assumes any and all risks arising from or in any way related to the event.

To the fullest extent permitted by law, the Organization agrees to defend, pay on behalf of, indemnify and hold harmless the City of Geneva, its elected and appointed officials, employees, and volunteers, and others working on behalf of the City; against any and all claims, demands, suits, loss, injuries, deaths, judgments, costs, and expenses (including all attorney fees and costs), arising from, or resulting from or in any way related directly and/or indirectly to the event, except that arising out of the sole legal cause of the City of Geneva, its officers, officials, employees, and agents.

The Organization shall, at its own expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising there from or incurred in connection therewith, and if any judgment shall be rendered against the City of Geneva, its officers, officials, employees and/or agents, in any such action, the Organization at its own expense shall satisfy and discharge same.

The invalidity of any provisions(s) of this INDEMNIFICATION/HOLD HARMLESS or unenforceability of any of its provisions shall not affect the validity or enforceability of the remainder of this INDEMNIFICATION/HOLD HARMLESS provisions contained herein.

The organization and the authorized signatory below agree to inform the City of Geneva of any changes in the application at least thirty (30) days prior to the event.

Yellow House Artists 3/12/12 (Name of Organization) (Date )

Authorized Signatory Signed and sworn to before me this day of , 20_____. Notary Public

All applications must be signed and notarized.

After submitting all forms, your application will be reviewed by City staff. All departments that will be involved in providing services or permits for the event will be notified. Please do not assume that all aspects of the event will be approved. You may be asked to make some changes to your plan based on the availability of services and scheduling of other events. Requests for changes or additional services are not guaranteed for approval and/or may require additional cost for the City to provide.

The City of Geneva reserves the right to cancel any event at any time for reasons deemed necessary by the City Council and/or City Administrator.

Deliver all completed items to: City of Geneva

Attn: Economic Development Director 22 S. First Street Geneva, IL 60134

Yellow House Artists Signs


Agenda Item: FY 2011-2012 Budget Amendments

Presenter & Title: Tom Dahl, Finance Manager

Date: April 9, 2012

Please Check Appropriate Box: X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other -

Estimated Cost: Budgeted? YES NO

If NO, please explain how the item will be funded: Executive Summary: Amendments to the current budget (FY 2011-2012) are hereby requested for the following:

• For the Capital Projects Fund to pay for the purchase of 2 Police Squad Cars and corrosion protection and A/C pre-coolers at the Fire Station and Police Station. The squad cars and HVAC repairs were originally budgeted in FY 2011, but were not received/repaired until FY 2012. A grant was received to pay for the HVAC repairs.

• For the General Fund to make a transfer to the Capital Projects Fund for the purchase of the squad cars and to pay overtime costs in the Police and Fire Departments.

• For the Mental Health Fund to pay an additional distribution of funds to Tri City Health Partners that was not included in the original budget.

• For the Police Pension Fund to pay unanticipated investment and administration expenses.

Attachments: (please list) • Resolution Recommendation / Suggested Action: (briefly explain) Staff recommends approval of the resolution authorizing execution of FY 2011-2012 budget amendments.

RESOLUTION NO. 2012-XX

RESOLUTION AUTHORIZING EXECUTION OF FISCAL YEAR 2011-2012 BUDGET AMENDMENTS

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA,

KANE COUNTY, ILLINOIS, as follows:

SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Geneva, a budget amendment for the Capital Projects Fund to cover the purchase of 2 Police Squad Cars and to cover the purchase of corrosion protection and A/C pre-coolers at the Fire Station and Police Station. Both were originally budgeted in FY 2011 and received in FY 2012. For the General Fund to make a transfer to the Capital Projects Fund for the purchase of the squad cars and for Police and Fire overtime. For the Mental Health Fund to pay for an additional distribution of funds to Tri City Health Partners not included in the original budget. For the Police Pension Fund to pay for Other General Expenses not included in the original budget. Fund balance reserves will be utilized to cover these additional expenditures.

Description

Current Budget

Increase (Decrease)

Amended Budget

31-31-001-541 Automobiles $62,800 $57,000 $119,800 31-31-001-521 Buildings $59,000 $23,020 $82,020 10-23-008-831 Transfer to Capital Projects $490,500 $57,000 $547,500 10-31-001-103 Overtime $296,685 $67,000 $363,685 10-32-002-103 Overtime $71,475 $66,000 $137,475 42-42-001-450 Distribution of Funds $139,000 $1,750 $140,750 56-56-001-451 Other General Expense $48,000 $47,000 $95,000



PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day of _________, 2012.


Approved by me this ____ day of __________, 2012.

Mayor

ATTEST:

City Clerk


Agenda Item: Resolution Approving a Bond Record-Keeping Policy

Presenter & Title: Tom Dahl, Finance Manager

Date: April 9, 2012


Estimated Cost: Budgeted? YES NO

If NO, please explain how the item will be funded: Executive Summary: The attached resolution is a policy document suggested by our Bond Counsel, Chapman and Cutler LLP. Since the City issues tax exempt municipal bonds it is important that the City keep accurate records to maintain the tax exempt status of our bonds. The IRS has taken a keen interest in auditing tax exempt bond issues in recent years, and this resolution includes recent provisions that the IRS has indicated are favorable provisions for municipalities to adopt. It is important that the City adopt standard procedures and set personal responsibility so that current and future staff members can find what they need should the IRS contact the City. Attachments: (please list) • Resolution Approving a Bond Record-Keeping Policy Recommendation / Suggested Action: (briefly explain) Staff recommends approval of the resolution approving a bond record-keeping policy.

bond record keeping resolution.docx

RESOLUTION Approving a Bond Record-Keeping Policy for the City of Geneva, Kane County, Illinois, Illinois.

* * *

WHEREAS, the City of Geneva, Kane County, Illinois (the “City”), has issued and is

expected to continue to issue bonds or other obligations (collectively, the “Tax Exempt

Obligations”) the interest on which is excludable from gross income for federal income tax

purposes; and

WHEREAS, the City has issued and may at some time in the future issue bonds or other

obligations, other than Tax Exempt Obligations, that enable the issuer or holder to receive

federal tax benefits, including, but not limited to, qualified tax credit bonds and specified tax

credit bonds (the “Tax-Advantaged Bonds” and, collectively with the Tax Exempt Obligations,

the “Obligations”);

WHEREAS, incidental to its issuance of the Obligations, the City has covenanted or will

covenant, generally to take all action necessary to comply with applicable federal tax rules and

regulations relating to such Obligations, including covenants (i) necessary to preserve the

excludability of interest on the Tax Exempt Obligations from gross income for federal income

taxation purposes, (ii) pertaining to the entitlement of the City to receive direct payments from

the United States Treasury of applicable percentages of interest due and owing on the Tax-

Advantaged Bonds, and (iii) necessary to preserve the entitlement of the holders of certain Tax-

Advantaged Bonds to credits against income tax liability, respectively; and

WHEREAS, it is necessary and in the best interest of the City to maintain sufficient records

to demonstrate compliance with such covenants and to adopt policies with respect thereto:

NOW, THEREFORE, Be It and It Is Hereby Resolved by the City Council of the City of

Geneva, Kane County, Illinois, as follows:

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Section 1. Incorporation of Preambles. The City Council of the City (the “City

Council”) hereby finds that all of the recitals contained in the preambles to this Resolution are

full, true and correct and does incorporate them into this Resolution by this reference.

Section 2. Compliance Officer Is Responsible for Records. The Finance Manager of

the City (the “Compliance Officer”) is hereby designated as the keeper of the records of the City

with respect to the Obligations, and such officer shall report to the City Council at least annually

that he or she has all of the required records in his or her possession, or is taking appropriate

action to obtain or recover such records.

Section 3. Closing Transcripts. For each issue of the Obligations, the Compliance

Officer shall receive and shall keep and maintain, a true, correct and complete counterpart of

each and every document and agreement delivered in connection with the issuance of the

Obligations, including without limitation (a) the proceedings of the City and the City Council

authorizing the Obligations, (b) any offering document with respect to the offer and sale of the

Obligations, (c) any legal opinions with respect to the Obligations delivered by any lawyers, and

(d) all written representations of any person delivered in connection with the issuance and initial

sale of the Obligations.

Section 4. Arbitrage Rebate Liability. The Compliance Officer shall review the

agreements of the City with respect to each issue of the Obligations and shall not less often than

annually prepare a report for the City Council stating whether or not the City has any rebate

liability to the United States Treasury and estimating the extent of such liability, and setting forth

any applicable exemptions that each issue of the Obligations may have from rebate liability. In

order to discharge this duty, the Compliance Officer is expressly authorized, without further

official action of the City Council, to hire outside, independent professional counsel to assist in

-3-

such review. Such report shall be updated annually and shall be maintained in the official files

and records of the City Council.

Section 5. Recommended Records. The Compliance Officer shall review each issue of

the Obligations and shall determine what requirements the City must meet in order to maintain

(a) the tax-exemption of interest paid on the Tax Exempt Obligations, (b) its entitlement to direct

payments by the United States Treasury of the applicable percentages of each interest payment

due and owing on any Tax-Advantaged Bonds, and (c) applicable tax credits or other tax benefits

arising from any Tax-Advantaged Bonds. The Compliance Officer shall then prepare a list of the

contracts, requisitions, invoices, receipts and other information that may be needed in order to

establish that (aa) the interest paid on the Tax Exempt Obligations is entitled to be excluded from

gross income for federal income tax purposes, (bb) the City is entitled to receive from the Unites

States Treasury direct payments of the applicable percentages of interest payments coming due

and owing on any Tax-Advantaged Bonds, and (cc) the entitlement of holders of any Tax-

Advantaged Bonds to any tax credits or other tax benefits, respectively. Notwithstanding any

other policy of the City, such retained records shall be kept for as long as the Obligations relating

to such records (and any obligations issued to refund the Obligations) are outstanding, plus three

years, and shall at least include:

(i) complete copies of the bond transcripts delivered when any issue of the Obligations is initially issued and sold;

(ii) copies of account statements showing the disbursements of all bond proceeds for their intended purposes;

(iii) copies of account statements showing all investment activity of any and all accounts in which the proceeds of any issue of Obligations has been held;

(iv) copies of all bid requests and bid responses used in the acquisition of any special investments, including guaranteed investment contracts, used for the proceeds of any Obligations, including any swaps, swaptions, or other financial derivatives entered

-4-

into with respect to any Obligations, in order to establish that such instruments were purchased at fair market value;

(v) copies of any subscriptions to the U.S. Treasury for the purchase of State and Local Government Series (SLGS) obligations;

(vi) copies of all Federal Information Reporting Forms (including, but not limited to, Forms 8038, 8038-G, 8038-B, 8038-TC, 8038-T, 8038-R, 8281 and 1097-BTC) and Forms 14127 and 8038-CP prepared and filed by or on behalf of the City and relating to the Obligations;

(vii) any calculations or estimates of liability for arbitrage rebate that is or may become due with respect to any issue of Obligations, and any calculations prepared to show that no arbitrage rebate is due, together, if applicable, with account statements or cancelled checks showing the payment of any rebate amounts to the United States Treasury together with any applicable IRS Form 8038-T;

(viii) copies of all contracts of the City, including any leases, with respect to the use of any property owned by the City and acquired or financed with the proceeds of the Obligations, any part of which property is used by a private person at any time when such Obligations are or have been outstanding; and

(ix) copies of all records relating to any required compliance with federal prevailing wage standards for projects financed with the proceeds of Tax-Advantaged Bonds.

Section 6. Allocations of Obligation Proceeds to Expenditures. The Compliance

Officer shall compile an allocation of all spent proceeds of the Obligations and earnings thereon

to particular expenditures. The Compliance Officer acknowledges that such allocations need not

follow a direct tracing of the Obligations proceeds and may be changed up to 18 months after the

earlier of the date of expenditure to which such proceeds were or will be allocated or, if later,

placed in service. No such reallocation may be made after the date that is 60 days after the fifth

anniversary of the date the relevant Obligations were issued, or 60 days after the retirement in

full of such issue of the Obligations, if earlier. Such allocations may include allocations to

expenditures made prior to the issuance of the Obligations. At such time as the Compliance

Officer determines that there will be no additional expenditures of proceeds of the Obligations

and that the Compliance Officer will not or cannot reallocate such proceeds to expenditures

-5-

because the time limits set forth above have expired, the Compliance Officer shall declare such

allocation to be a final allocation of Obligation proceeds to expenditures. The Compliance

Officer shall maintain all such allocations of proceeds to expenditures, including any final

allocation with the records it must maintain.

Section 7. List of Financed Facilities. The Compliance Officer shall on the basis of

the then operative allocation of Obligation proceeds to expenditures compile a list of Obligation

financed facilities. Such list shall include: (a) a complete description of such facilities including

the location of such facilities, the expected useful life of such facilities, the expected or actual

placed in service date of such facilities, the cost of such facilities, the amount of Obligation

proceeds spent for such facilities (which shall be the same as the cost of the facilities if acquired

exclusively with Obligation proceeds, but which may be less than the cost of such facilities if

such facilities are only partially acquired with Obligation proceeds). If any of the financed

facilities are improvements to existing buildings that do not enlarge such buildings and are not

improvements of space occupied exclusively for a private business use, the Compliance Officer

shall put such building on the list and mark such building as partially funded with proceeds of

the Obligations. If any such facilities become worn out, destroyed, obsolete or otherwise no

longer useable by the City, the list shall so indicate. If any such facility is disposed of, the list

shall include the date it was disposed of, the manner of disposal, the sale price if sold and the

person to whom the facility was disposed. Any such disposal shall be recorded within 30 days of

the date the Compliance Officer learns of any such disposal. The Compliance Officer

acknowledges that tax covenants with respect to the Obligations may require that any such

disposal be followed by a remedial action.

Section 8. Contracts Related to Obligation Financed Facilities. The Compliance

Officer shall obtain and keep copies of all contracts that may provide for the use of Obligation

-6-

financed facilities (including buildings that are partially financed with Obligation proceeds).

Such contracts shall include leases, licenses, management contracts or service contracts if the

management or other services to be provided will be performed in or with the Obligation

financed facilities. The Compliance Officer shall compile a list of such contracts. The list shall

include the particular Obligation financed facilities that may be subject to such contracts. The

Compliance Officer shall cause such contracts to be reviewed either by staff of the City or by an

outside consultant to determine if such contracts violate any tax covenants made with respect to

the Obligations. The list of contracts shall include the determinations of whether such contracts

cause any private use of such facilities. If the Compliance Officer cannot reasonably determine

whether such contract causes private use, it shall so note on the list of such contracts. If any such

contract is determined to cause private use of a facility, the Compliance Officer shall determine

or cause to be determined for each calendar year, the percentage of such facility so privately

used. Such determination may be made in consultation with counsel or other consultants. The

Compliance Officer shall record the method used to determine such quantity of private use along

with the final annual amount of private use.

Section 9. Remedial Actions. The Compliance Officer acknowledges that if private

use (including use in an unrelated trade or business) exceeds the limits related to each issue of

the Obligations, a remedial action may be required in accordance with the United States Treasury

Regulations. The Compliance Officer shall (with the aid of staff and outside consultants and

counsel) determine if such remedial actions are either warranted or possible. The Compliance

Officer shall prepare or cause to be prepared a memorandum describing any such remedial action

or proposed remedial action. The memorandum shall describe whether such remedial action will

serve to cure any particular private use concerns. If any actions are required by the City for such

remedial action, the memorandum shall include a full description of such required actions. A

-7-

copy of any such memorandum shall be given to the City Council. Following any such remedial

action, the Compliance Officer shall prepare a report describing the effect of such remedial

action. The list of Obligation financed facilities may need to be revised as a result of such

remedial action and the Compliance Officer will so revise such list.

Section 10. Voluntary Closing Agreement Program. The Compliance Officer

acknowledges that if private use exceeds relevant limits and a remedial action is not undertaken

or is not possible or if another violation of the tax covenants of the City occurs, then the City

may be required to enter into a Voluntary Closing Agreement with the Internal Revenue Service

(“IRS”). The Compliance Officer shall (with the aid of staff and outside consultants and

counsel) determine if a Voluntary Closing Agreement is either warranted or possible. The

Compliance Officer shall prepare or cause to be prepared a memorandum describing any

proposed application for a Voluntary Closing Agreement or proposed Voluntary Closing

Agreement. The memorandum shall describe whether such remedial action will serve to cure

any particular tax violation and the nature of such violation. If any actions are required by the

City for such Voluntary Closing Agreement application, the memorandum shall include a full

description of such required actions. A copy of any such memorandum shall be given to the City

Council. The City may retain counsel to attempt to obtain a Voluntary Closing Agreement.

Following the execution of any such Voluntary Closing Agreement, the Compliance Officer

shall prepare a report describing the effect of such Voluntary Closing Agreement. The list of

Obligation financed facilities may need to be revised as a result of such Voluntary Closing

Agreement and will be so revised by the Compliance Officer.

Section 11. IRS Examination. In the event the IRS commences an examination of any

Obligations, the Compliance Officer, in cooperation with the City’s general counsel, is expressly

authorized, without further official action of the City Council, to respond to inquiries of the IRS

-8-

and to hire outside, independent professional counsel to assist in the response to the examination.

The Compliance Officer or the City’s general counsel shall advise the City Council of any such

examination when, as and in such manner as the Compliance Officer may deem appropriate, it

being hereby expressly agreed and understood that the Compliance Officer and the City’s

general counsel shall maintain such confidentiality for so long and as they shall deem necessary

in order best to protect the interests of the City.

Section 12. IRS Compliance Checks. In the event the IRS commences a Compliance

Check or other action short of an examination of the City or of any Obligations, the Compliance

Officer, in cooperation with the City’s general counsel, is expressly authorized, without further

official action of the City Council, to respond to inquiries of the IRS and to hire outside,

independent professional counsel to assist in the response to the Compliance Check. The

Compliance Officer and the City’s general counsel shall advise the City Council of any such

Compliance Check when, as and in such manner as they may deem appropriate, it being hereby

expressly agreed and understood that the Compliance Officer and general counsel shall maintain

such confidentiality for so long and as the Compliance Officer and general counsel shall deem

necessary in order best to protect the interests of the City.

Section 13. Annual Review. Not later than April 30th of each year, the Compliance

Officer shall conduct an annual review of contracts and other records described in Section 5 of

this Resolution to determine for each series of Obligations then outstanding whether each such

issue of Obligations complies with the tax requirements applicable to such issue, including

restrictions on private business use, private payments and private loans. The Compliance Officer

is expressly authorized, without further official action of the City Council, to hire outside,

independent professional counsel to assist in such review. To the extent that any violations or

potential violations of tax requirements are discovered incidental to such review, the Compliance

-9-

Officer may make recommendations or take such actions as the Compliance Officer shall

reasonably deem necessary to assure the timely correction of such violations or potential

violations through remedial actions described in the United States Treasury Regulations or the

Tax Exempt Bonds Voluntary Closing Agreement Program described in Treasury Notice 2008-

31 or any similar program instituted by the IRS.

Section 14. Training. The Compliance Officer shall undertake to maintain a reasonable

level of knowledge concerning the rules related to the Obligations so that such officer may fulfill

the duties described herein. The Compliance Officer may consult with counsel, attend

conferences and presentations of trade groups, read materials posted on various web sites,

including the web site of the Tax-Exempt Bond function of the IRS, and use other means to

maintain such knowledge. Recognizing that the Compliance Officer may not be fully

knowledgeable in this area, the Compliance Officer may consult with outside counsel,

consultants and experts to assist him or her in exercising his or her duties hereunder. The

Compliance Officer will endeavor to make sure that staff of the City is aware of the need for

continuing compliance. The Compliance Officer will provide copies of this Resolution and the

Tax Exemption Certificate and Agreement or other applicable tax documents for each of the

Obligations then currently outstanding (the “Tax Agreements”) to other staff members who may

be responsible for taking actions described in such documents and to any person who is expected

to be a successor Compliance Officer. The Compliance Officer will review this Resolution and

each of the Tax Agreements periodically to determine if there are portions that need further

explanation and, if so, will attempt to obtain such explanation from counsel or from other

experts, consultants or staff.

Section 15. Severability. If any section, paragraph or provision of this Resolution shall

be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such

-10-

section, paragraph or provision shall not affect any of the remaining provisions of this

Resolution.

Section 16. Repeal. All resolutions or parts thereof in conflict herewith be and the same

are hereby repealed and this Resolution shall be in full force and effect forthwith upon its

adoption.

Adopted ___________________, 2012. _____________________________________

Mayor, City of Geneva, Kane County, Illinois ATTEST: ______________________________ City Clerk, City of Geneva, Kane County, Illinois [SEAL]


Agenda Item:

Extension of a professional services agreement with Weilandt Legal Services – preparation of meeting minutes and provision of related services for Geneva Plan Commission and Geneva Historic Preservation Commission meetings

Presenter & Title: Dick Untch, Director of Community Development

Date: April 4, 2012

Please Check Appropriate Box:

X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other -

Estimated Cost: $0 – hourly rate Budgeted? X YES NO


Executive Summary: Over the past 11 years Celeste Weilandt (Weilandt Legal Services or WLS) has attended all Plan Commission and Historic Preservation Commission Meetings for the purposes of preparing summary meeting minutes. Additionally, Celeste takes the meeting roll call and motion roll calls, and registers the votes on each motion considered by the commissions). The current contract with WLS is for 2 years (set to expire on April 30, 2012) at an hourly rate of $38.00 per hour for both meeting attendance and minutes preparation time. Staff is proposing to extend the professional services agreement with WLS for a 2-year term at the same hourly rate as the current agreement - $38.00 per hour (see proposed agreement attached). Attachments: (please list)

- Memorandum - Draft Resolution and Professional Services Agreement

Recommendation / Suggested Action: (briefly explain) Staff recommends approval of the proposed professional services agreement, as presented in the attached draft resolution, with Weilandt Legal Services for recording and transcribing Plan Commission and Historic Preservation Commission meeting minutes, and providing related services at an hourly rate of $38.00 per hour.

City of Geneva Community Development Department

Memorandum To: Mayor Burns and the Geneva Committee of the Whole From: Dick Untch, Director of Planning Date: April 4, 2012 Meeting: April 9, 2012 Committee of the Whole Subject: EXTENSION OF A PROFESSIONAL SERVICES AGREEMENT WITH

WEILANDT LEGAL SERVICES – PREPARATION OF MEETING MINUTES AND PROVISION OF RELATED SERVICES FOR GENEVA PLAN COMMISSION AND GENEVA HISTORIC PRESERVATION COMMISSION MEETINGS

Background Over the past 11 years Celeste Weilandt (Weilandt Legal Services or WLS) has attended all Plan Commission and Historic Preservation Commission Meetings and prepared summary meeting minutes. Additionally, Celeste takes the meeting roll call and motion roll calls, and registers the votes on each motion considered by the commissions). Additionally, for five of those 11 years Mrs. Weilandt prepared meeting minutes for one Geneva Committee of the Whole Meeting per month. The proposed professional services agreement with WLS is for a 2-year term at the same hourly rate of $38.00 per hour; the same rate charged over the past 4 years (see proposed agreement attached). Over the years, Celeste’s performance in preparing meeting minutes and related tasks has been outstanding. The minutes are always prepared in a timely manner, and accurately report the discussions and actions taken by the two commissions. The minutes are always easy to read and minimal editing of draft minutes by Community Development Department staff is necessary. Celeste has a thorough understanding of how both commission’s conduct business, and is very familiar their policies, procedures and practices. Additionally, at each meeting a draft of the meeting minutes is typed on a laptop computer, which results in very efficient transcription and preparation of the end product. Recommendation Approval of the proposed professional services agreement Weilandt Legal Services for recording and transcribing Plan Commission and Historic Preservation Commission meeting minutes at an hourly rate of $38.00 per hour. Attachment Draft Resolution and Professional Services Agreement

RESOLUTION NO. 2012-XX

RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH WEILANDT LEGAL SERVICES, INC. - PREPARATION OF MEETING MINUTES AND PROVISION OF RELATED SERVICES

FOR GENEVA PLAN COMMISSION AND GENEVA HISTORIC PRESERVATION COMMISSION MEETINGS



SECTION 1: That the Mayor is hereby authorized to execute, on behalf of the City of

Geneva, a Professional Services Agreement with Weilandt Legal Services, Inc. in the form

attached hereto at Exhibit “A”, relating to the recording and transcribing of meeting minutes, and

provision of related services for Plan Commission and Historic Preservation Commission

meetings.



PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____th day

of April, 2012.


Approved by me this ____ day of April, 2012.


Exhibit “A”

INDEPENDENT CONTRACTOR AGREEMENT

Geneva Contract 5-1-2012 - RBU.doc

INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made the ___ day of April, 2012, in the County of Kane, State of Illinois, between CELESTE K. WEILANDT d/b/a WEILANDT LEGAL DOCUMENT SERVICES (hereinafter referred to as “WEILANDT”) and THE CITY OF GENEVA (hereinafter referred to as the “CITY”). WHEREAS, WEILANDT is doing business as a sole proprietor with its principal place of business located at 3470 Pheasant Court, County of Kane, Geneva, Illinois 60134; WHEREAS, the CITY is doing business as a duly constituted and acting municipal body of government, pursuant to the laws of the State of Illinois, with its principle place of business located at 22 S. First Street, Geneva, Illinois 60134; WHEREAS, the CITY intends to enter into a contract with WEILANDT as an independent contractor, for the recording and transcription of minutes for two of the CITY's committee meetings, including: (1) the Geneva Plan Commission (meeting on the 2nd and 4th Thursday of the month); and (2) the Geneva Historic Preservation Commission (meeting on the 3rd Tuesday of the month), respectively. WHEREAS, WEILANDT is engaged in an independent legal secretarial and computer support business and has complied with all federal, state and local laws regarding business permits and licenses of any kind required to carry out said business and the tasks to be performed under this Agreement; WHEREAS, WEILANDT has the right to be engaged in the same or similar legal secretarial and computer support activities for other clients, provided there is no conflict of interest and that the CITY will not be the sole and only client of WEILANDT; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sufficiency of which is acknowledged, it is agreed as follows:

1. Effective Date: This Agreement shall become effective May 1, 2012 upon signing by both parties.

2. Length of Contract. The parties have mutually agreed that the term of this contract will be for two years and shall commence on May 1, 2012 and WEILANDT will provide professional services on a monthly basis to the CITY for each meeting, as described above, and as otherwise agreed to by the parties, until (i) April 30, 2014, or (ii) both parties mutually agree on a final date of conclusion for professional services and provide written notice to the other as stated in Paragraph 4(i) of this Agreement.

3. Payment. The CITY agrees to promptly compensate WEILANDT for professional services rendered at the rate of $38.00 per hour for meeting and transcription time. Meetings fifteen (15) minutes or less will be charged half the hourly rate, or, $19.00. WEILANDT will provide the CITY with an itemized monthly invoice detailing the hours spent and any costs advanced in rendering such services on behalf of the CITY. The CITY agrees and understands that payment for services is due within 30 days of the date of each itemized invoice. The CITY agrees to pay WEILANDT one and one-half percent (1.5%) interest per month for all over-due sums owing.

4. Termination. This Agreement may be terminated (i) without cause, by fourteen (14) days’ prior written notice by either party; or (ii) with cause, upon material breach of any term of this Agreement by either of the parties.

5. Additional Costs. While WEILANDT does not anticipate additional costs for the services provided, the CITY shall reimburse WEILANDT for costs advanced by WEILANDT in the performance of this

2 Geneva Contract 5-1-2012 - RBU.doc

Agreement, including copies of tapes, photocopies, extra office supplies, and overnight delivery services, if any. WEILANDT will be responsible for the cost of conducting its own business, including office equipment, telephone calls, vehicles, gas mileage, tolls, cell phones, business stationery and cards, business promotion, insurance, bonds and any taxes assessed on WEILANDT in the performance of this Agreement in recognition of the independent contractor status of WEILANDT. Further, WEILANDT shall elect its own maintenance and repair facilities and shall be responsible for such costs.

6. WEILANDT’s General Duties. WEILANDT agrees to provide professional secretarial services to the CITY by attending, recording, and transcribing monthly meeting minutes for: (1) the Geneva Plan Commission (2nd and 4th Thursday); (2) the Geneva Historic Preservation Commission (3rd Tuesday); and (3) any other meetings as may be requested by the CITY if scheduling permits. In the event WEILANDT cannot record a meeting due scheduling conflicts, WEILANDT will contact the City Administrator or Director of Planning two weeks prior to the meeting and offer to transcribe the CITY’s meeting tapes and/or digital recordings.

7. Method, Means and Manner of Performance. While WEILANDT shall be required to meet all of the obligations assumed under this Agreement, WEILANDT is entitled to exercise the discretion and judgment of an independent contractor in determining the methods, means and manner to be used in doing so.

8. No Benefits or Withholding. As an independent contractor, WEILANDT shall receive no vacation or holiday pay from the CITY under this Agreement and shall not participate in plans or other benefits enjoyed by the CITY's own employees. The CITY is not authorized to withhold state or federal income tax, or social security tax upon the sums paid by the CITY under this Agreement.

9. Independent Contractor Status. WEILANDT and the CITY acknowledge and agree that WEILANDT is engaged as an independent contractor and not as an employee of the CITY. WEILANDT shall, therefore, be responsible for the payment of all federal, state and local taxes arising out of its own activities, including but not limited to federal and state income tax, social security tax, unemployment insurance taxes and business license fees where required. WEILANDT and the CITY acknowledge that it is the intention of the CITY to deduct all amounts paid to WEILANDT under this Agreement, as ordinary and necessary business expenses for income tax purposes. WEILANDT agrees and represents that it will treat all such amounts as ordinary income for income tax purposes.

11. Laws. WEILANDT agrees to comply with all federal, state and local laws and code of ethics in performing under this Agreement and any violation of such by WEILANDT shall constitute a material breach of this Agreement.

12. Liability. WEILANDT will be liable for all claims arising out of WEILANDT’s own activities in furtherance of its duties under this Agreement.

13. Right to Refuse a Job/Client. As an independent contractor, WEILANDT may, at its sole discretion, refuse to accept any job or client offered to it by the CITY, for any reason whatsoever, good or bad.

14. No Exclusivity/No Priority. WEILANDT, as an independent contractor, is expected by the CITY to work for others and hold itself out to the business community under its own business name, in a manner consistent with the other provisions of this Agreement. WEILANDT shall not be required to grant priority status to the CITY.

15. Invalidity. In the event any provision of this Agreement shall be held invalid, it shall not affect the validity of the remainder of this Agreement.

16. Notice. Any written notice required by the terms of this Agreement shall be delivered either by personal delivery or by regular U.S. mail to the addresses listed on page one.

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17. Complete Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior agreement(s) between the parties concerning the subject matter of this Agreement.

18. Governing Law. This Agreement and any dispute thereunder shall be governed under applicable federal law and by the laws of the State of Illinois.

CELESTE K. WEILANDT d/b/a WEILANDT LEGAL DOCUMENT SERVICES /s/ Celeste K. Weilandt Celeste K. Weilandt FEIN: 36-4311850

CITY OF GENEVA By: Name: Title:


Agenda Item:

EXTENSION OF A PROFESSIONAL SERVICES AGREEMENT WITH APPLIED ECOLOGICAL SERVICES, INC. (AES) FOR 2012 FOR GROUNDWATER AND WETLAND MONITORING AND INSTALLATION OF SEED TEST PLOTS - PRAIRIE GREEN PRESERVE WETLAND MITIGATION BANK

Presenter & Title: Dick Untch, Director of Community Development

Date: April 5, 2012 Please Check Appropriate Box:

X Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other -

Estimated Cost: $17,395.00 (year 4 of a 5 year wetland monitoring program) Budgeted? x YES

NO If No, please explain how the item will be funded Executive Summary: The proposed 2012 professional consulting services agreement with AES provides groundwater and wetland monitoring services for year 4 of a 5 year monitoring period as required by the U.S. Army Corps of Engineers. Additionally, seed test plots will be located, installed and monitored to arrive at seed mixes that will improve the condition and diversity of wetland bank vegetation. Groundwater data will be downloaded electronically from seven Telog Units that were installed in 2009. Data will be analyzed and a report prepared and filed with the USACE. Attachments: (please list)

Resolution AES agreement for 2011

Recommendation / Suggested Action: (briefly explain) Staff recommends approval of a professional services agreement with Applied Ecological Services, Inc, for 2012 wetland and vegetation monitoring and test plot work at PGP at a cost not to exceed $17,395.00.

RESOLUTION NO. 2012-__

RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH APPLIED

ECOLOGICAL SERVICES, INC. FOR THE PROVISION OF 2012 GROUNDWATER HYDROLOGY/VEGETATION MONITORING AND

ESTABLISHMENT OF SEED TEST PLOTS – PRAIRIE GREEN PRESERVE WETLAND MITIGATION BANK



SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf

of the City of Geneva, a professional services agreement with Applied Ecological Services, Inc. for

hydrology/vegetation monitoring and establishment of seed test plots at the Prairie Green Preserve

Wetland Mitigation Bank, in the form attached hereto at Exhibit “A.




April, 2012


Approved by me this ____ day of April, 2012.



Agenda Item: GGF Analysis for CY 2010 and CY 2011 – All Requirements Service versus Partial Requirements Service

Presenter & Title: Michael J. Buffington, Superintendent of Electrical Services

Date: April 3, 2012


Estimated Cost: $0 Budgeted? YES NO

If NO, please explain how the item will be funded: Executive Summary: Gary Price, consultant, has reviewed the City’s Geneva’s Power Costs for 2010, 2011 and the last five years, and comparison of Exelon/GGF/Market vs. all Requirements Contract vs. Direct Market Purchase. Savings (Loss) 2010 2011 Five Year

• All Requirements Contract $2,186,600 $3,670,900 $12,102,500 • Direct Market Purchase ($380,600) $45,800 $4,690,700

This includes all GGF costs. Attachments: (please list)

• GGF Analysis for CY 2010 and CY 2011 – All Requirements Service versus Partial Requirements Service

Recommendation / Suggested Action: (briefly explain) None

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Memorandum

To: Mr. Dan Dinges, Director of Public Works Mr. Mike Buffington, Superintendent, Electric Division

From: Gary Price Price Consulting Services Inc. Date: April 2, 2012 Subject: GGF Analysis for CY 2010 and CY 2011 – All Requirements Service versus Partial Requirements Service As requested, we have reviewed the City’s power supply results for calendar years 2010 and 2011 and offer the results of our analyses herein. We have also attached additional supporting tables for 2010 (Attachment A) and for 2011 (Attachment B)

CY 2010 Analysis

The City’s 2010 power supply portfolio included a power supply contract with Exelon Generation Company, LLC (“Exelon”), the Geneva Generation Facility (“GGF”), The Waste Water Generator (“WWG”) and a contract with WM Illinois Renewable Energy, LLC (“WMRE”). Any additional purchases that maybe required were purchased from the PJM markets. The GGF generation, WWG generation and WMRE power purchases are considered “behind the meter.” The remainder of Geneva’s power requirements was subject to PJM charges which included PJM market-related charges, PJM transmission-related charges and ComEd local delivery charges. Our review indicates that the City’s total power supply costs for calendar year 2010 totaled to $24,003,400, or about $59.40/MWh based on the City’s total energy requirements (See Line 17 of Columns (b) and (c) of Table 1 or Attachment A, Pages 1 and 2). This total includes the cost of all power purchased, power generated, delivery charges and O&M and debt service relating to the City’s ownership of the GGF. Company B Purchases During the “RFP” process that led to the Exelon contract, we evaluated one potential all requirements proposal which we continue to refer to as Company B. We have also estimated the cost of power for 2010 had Geneva purchased under those arrangements. As shown on Line 17, Columns (d) and (e) of Tab1e 1, had Geneva purchased all of its power supply requirements from Company B in 2010, the costs would have been about $26,190,000 which is about $2,186,600 or about 9.1% more than was actually paid. Under this scenario, the City would have paid for PJM network transmission service for most of its load (about $498,200 more than what was paid under the Current Arrangements). Additionally, the ComEd delivery service would have cost about $180,000 more.

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Direct Market Purchases We also compared the power supply results for calendar year 2010 described above to power supply costs the City would have experienced had the City not contracted with Exelon nor built the GGF but instead purchased all its power supply requirements directly from the PJM markets in 2010. Under this scenario, the City would have paid for PJM network transmission service for most of its load (over $498,200 more than what was paid under the Current Arrangements). Additionally, the ComEd delivery service would have cost about $180,000 more. As shown on Line 17, Columns (f) and (g) of Table 1, purchasing all the power supply requirements from the PJM markets in 2010 would have cost the City about $23,622,800, about $380,600 or about 1.6 % less than was actually paid. Table 1 summarizes and compares the results for 2010 to the results for 2007, 2008 and 2009.

CY 2011 Analysis Significant changes occurred in Geneva’s power supply portfolio starting in 2011. The major contract with Exelon Generation Company, LLC (“Exelon”), which had provided the majority of Geneva’s power supply needs at fixed prices for a total of five years, expired on December 31, 2010. In 2011, the City’s new power supply portfolio included its arrangements with the Northern Illinois Municipal Power Agency (“NIMPA”), new short-term fixed price energy contracts with Exelon, the continued supply under its contract with WM Illinois Renewable Energy, LLC (“WMRE”) and, of course, the Geneva Generation Facility (“GGF”). Purchases were also made from the PJM capacity and energy markets. Since the GGF generation and WMRE power purchases were considered “behind the meter,” significant savings continued to be achieved in the cost of PJM transmission-related charges and ComEd local delivery charges. Our review indicates that the City’s total power supply costs for calendar year 2011 totaled to $22,936,200 or about $57.79/MWh on an average per unit basis (Line 22, Columns (b) and (c) of Table 1 or Attachment B, Pages 1 and 2). This total includes the cost of power purchased, power generated, delivery charges and O&M and debt service relating to the City’s ownership of the GGF and reflects a 2.7% reduction in the average cost of power compared to the City’s 2010 average per unit cost of power. Company B Purchases As was discussed earlier for the 2010 analysis, when the Exelon five-year contract that recently expired was first negotiated back in 2004 and 2005, an all requirements five-year fixed price contract was also considered by the City. Since that time, annual reviews have been made to show how that all requirements contract would have performed compared to the portfolio that was chosen and is now in place. Table 1 below compares the results of those annual reviews for the years 2007 through 2010. Since the prices under that “Company B” contract are still fairly representative of the average prices we have seen recently for long-term all requirements service, we have once again made the comparison for 2011. As shown on Line 22, Columns (d) and (e) of Table 1, to have purchased all the power supply requirements under the “Company B” pricing in 2011 would have cost the City about $26,607,100, or about $67.04/MWh on an annual average per unit basis. The City would have paid about $3,670,900 or about 16.0% more than was actually paid. Under this scenario, the City would have paid for PJM network transmission service for most of its load (about $576,200 more than what is paid under the Current Arrangements). Additionally, the ComEd delivery service would have cost about $180,000 more.

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Direct Market Purchases We have also compared the power supply results for calendar year 2011 to power supply costs the City would have experienced had the City not built the GGF and pursued fixed price contracts, but instead purchased all its power supply requirements directly from the PJM markets in 2011. Under this scenario, the City would have paid for PJM network transmission service for most of its load (over $576,200 more than what is paid under the Current Arrangements). Additionally, the ComEd delivery service would have cost about $180,000 more. As shown in Table 1, Line 22, Columns (f) and (g), purchasing all the power supply requirements from the PJM markets in 2011 would have cost the City about $22,982,000, or about $57.91/MWh on a per unit basis which is practically the same as was actually paid. The arrangements in place in 2011 allowed the City to capture most of the benefits currently reflected in the depressed PJM capacity and energy markets. As mentioned, Table 1 below summarizes and compares the results for 2011 to the results for 2007, 2008, 2009 and 2010.

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AnnualEnergy

Line RequirementsNo. Description ($000) $/MWh ($000) $/MWh ($000) $/MWh mWh

(a) (b) (c) (d) (e) (f) (g) (h)

1 CY 20072 Actual 24,116.8$ 59.5$ 25,888.0$ 63.8$ 28,031.9$ 69.1$ 405,654 3 Change ($000) -$ 1,771.2$ 3,915.1$ 4 Change (%) 0.0% 7.3% 16.2%56 CY 20087 Actual 24,093.8$ 60.7$ 26,300.8$ 66.2$ 29,432.9$ 74.1$ 397,104 8 Change ($000) -$ 2,207.0$ 5,339.1$ 9 Change (%) 0.0% 9.2% 22.2%1011 CY 2009 12 Actual 23,391.5$ 61.9$ 25,658.3$ 67.9$ 19,162.8$ 50.7$ 377,712 13 Change ($000) -$ 2,266.8$ (4,228.7)$ 14 Change (%) 0.0% 9.7% -18.1%1516 CY 2010 (1)17 Actual 24,003.4$ 59.4$ 26,190.0$ 64.8$ 23,622.8$ 58.5$ 404,079 18 Change ($000) -$ 2,186.6$ (380.6)$ 19 Change (%) 0.0% 9.1% -1.6%2021 CY 2011 (2)22 Actual 22,936.2$ 57.8$ 26,607.1$ 67.0$ 22,982.0$ 57.9$ 396,860 23 Change ($000) -$ 3,670.9$ 45.8$ 24 Change (%) 0.0% 16.0% 0.2%2526 5-Year Total27 Actual 118,541.7$ 130,644.2$ 123,232.4$ 28 Change ($000) -$ 12,102.5$ 4,690.7$ 29 Change (%) 0.0% 10.2% 4.0%

(1) See Attachment A, Page 1, Line 12.(2) See Attachment B, Page 1, Line 12.

(Exelon/GGF/Market)All Requirements

(Company B Purchase) (Direct Market Purchase)All Requirements

Table 1Comparison of Actual Power Costs

All Requirements Versus Partial Requirements/GGF

Annual Power Supply CostsPartial Requirements

Monthly Comparisons Page 2 of Attachments A and B show the comparison of the power cost scenarios described above on a monthly basis for 2010 and 2011, respectively.

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Market Volatility As we have discussed previously, each of the supply scenarios discussed above is subject some level of market risk. The Exelon contract that expired at the end of 2010 provided a significant hedge for the City in 2006, 2007 and 2008 when the PJM market prices were climbing significantly. However, when the market took a nose dive, that same hedge became a floor for Geneva’s costs and prevented the City from being able to capture the market benefits of the depressed market in 2009. Under the City’s 2011 portfolio, with the lower hedge levels, the City was able to capture most of the benefits of the depressed market. The historical market volatility can be seen in Columns (f) and (g) of Table 1. Columns (b) and (c) of Table 1 show that through this period of turbulent markets, the increase in Geneva’s annual average per unit cost of power was limited to about 2.0% per year and that City’s 2011 average per unit cost of power was at its lowest level since 2007. Also, Table 1, at Lines 21 through 24, further illustrates the value of the Current Arrangements. Even with the forgone market opportunities in 2009 and 2010, the City’s total actual power supply costs over the past five years are less by about 4.0% than what they otherwise may have been had the City’s power been purchased from the market, and, over 10% less than what would have been paid to Company B. Looking Forward One question that has been brought up relates to the value to the City of continuing to own and operate the GGF. This question is always generally and appropriately asked by leaders in communities that own and operate local generation facilities. Most have realized that just as having a hedge for market energy costs is critical, so is having a hedge against market capacity prices. Just as we have seen with the energy markets, when the hedge is above the market prices the ability to capture the lower cost benefits are limited. However, when the market increases and exceeds the market, the City is protected. The same is true on the capacity side of the business. Currently, the PJM generation capacity prices are below the City’s annual fixed ownership cost of the GGF(costs excluding operating costs such as fuel and other variable operating costs). The City’s ownership costs generally averages between $4.50/kW-month and $5.00/kW-month. However, with the GGF, the City avoids paying PJM about $1.60/kW-month for network transmission service which results in a net cost of the GGF of about $2.90/kW-month to about $3.40/kW-month. For the time period from June 2011 through May 2012 the PJM market cost of generating capacity is approximately $3.30/kW-month ($110/mW-day x 30 days x 1 mW/1,000 kW = $3.30/kW-month). So for this time frame, the GGF is competitive on the capacity side of the business as well. We realize that PJM capacity prices have been higher and much lower than the current market price and will be lower for the next couple of years, but the ownership cost of the GGF are pretty will established well into the future. However, from the market perspective, what is not known is the potential impact of new federal mandates that could force many generation facilities to be abandoned, thereby reducing the level of generation capacity and forcing the market capacity prices to increase. Even without knowing the specifics of such future events, the PJM capacity prices for the period from June 2014 through April 2015 are already fixed at about $3.78/kW-month ($125.99/mW-day x 30 days x 1 mW/1,000 kW = $3.779/kW-month).

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Also, what other communities have concluded is that if even with an annual fix cost of owning the local generation (which in Geneva’s case about $1.6 million per year), some of those dollars spent will stay in the community, which is not the case with simply purchasing the same amount of capacity from PJM or through bilateral contracts. Finally, the reliability aspect of having the GGF in the City and under the City’s control could prove invaluable over time.

Attachment APage 1 of 2

Partial All Partial AllRequirements Requirements Requirements Requirements(Exelon/GGF/ ‐ Company B (Exelon/GGF/ ‐ Spot Market

Line Market) Difference Purchase Market) Difference PurchasesNo. ($000) ($000) ($000) ($000) ($000) ($000)

(a) (b) (c) (d) (e) (f) (g)123 Total Capacity Costs 2,488.3$ 2,586.2$ 5,074.5$ 2,488.3$ 2,607.7$ 5,096.0$ 45 Delivery Costs6 PJM Transmission Costs 1,329.3$ 498.2$ 1,827.5$ 1,329.3$ 498.2$ 1,827.5$ 7 ComEd Local Distribution Costs 1,075.0 180.0$ 1,255.0 1,075.0 180.0$ 1,255.0 8 Total Delivery Costs 2,404.3$ 678.2$ 3,082.5$ 2,404.3$ 678.2$ 3,082.5$ 910 Total Energy Costs 19,110.8$ (1,077.7)$ 18,033.0$ 19,110.8$ (3,666.5)$ 15,444.3$ 1112 Annual Total Costs 24,003.4$ 2,186.6$ 26,190.0$ 24,003.4$ (380.6)$ 23,622.8$

Actual Costs

City Of GenevaComparison of Annual Power Supply Costs - Calendar Year 2010

All Requirements Versus Partial Requirements/GGF(Partial Requirements/GGF Includes All GGF Costs: Debt Service, Fuel and O&M Costs)

Current Arrangements Vs Company B Current Arrangements Vs Direct Market

F2 4/2/2012

Attachment APage 2 of 2

TotalAnnual EnergyReguirements

Year (MWh) ($000) $/MWh ($000) $/MWh ($000) %(a) (b) (c) (d) (e) (f) (g) (h)

(c) / (b) (e) / (b) (c) ‐ (e) (g) / (e)

CY 2010Jan‐10 32,398 2,012.4$ 62.12$ 1,791.3$ 55.29$ 221.2$ 12.3%Feb‐10 27,810 1,788.3 64.31 1,622.4 58.34 165.9 10.2%Mar‐10 30,218 1,904.5 63.02 1,592.6 52.70 311.8 19.6%Apr‐10 29,301 1,864.6 63.64 1,513.7 51.66 351.0 23.2%May‐10 33,064 2,051.7 62.05 1,814.9 54.89 236.9 13.1%Jun‐10 37,415 2,581.0 68.98 2,246.2 60.04 334.7 14.9%Jul‐10 42,504 2,829.8 66.58 3,140.6 73.89 (310.8) ‐9.9%Aug‐10 41,901 2,813.3 67.14 3,179.7 75.89 (366.4) ‐11.5%Sep‐10 33,109 2,367.8 71.52 2,168.2 65.49 199.6 9.2%Oct‐10 31,976 1,987.3 62.15 1,599.9 50.03 387.4 24.2%Nov‐10 30,620 1,925.9 62.90 1,581.5 51.65 344.4 21.8%Dec‐10 33,764 2,063.4 61.11 1,752.3 51.90 311.0 17.7%

Total for 2010 404,079 26,190.0$ 64.81$ 24,003.4$ 59.40$ 2,186.6$ 9.1%

CY 2010Jan‐10 32,398 1,949.6$ 60.17$ 1,791.3$ 55.29$ 158.3$ 8.8%Feb‐10 27,810 1,615.7 58.10 1,622.4 58.34 (6.7) ‐0.4%Mar‐10 30,218 1,535.8 50.83 1,592.6 52.70 (56.8) ‐3.6%Apr‐10 29,301 1,407.7 48.04 1,513.7 51.66 (106.0) ‐7.0%May‐10 33,064 1,725.6 52.19 1,814.9 54.89 (89.3) ‐4.9%Jun‐10 37,415 2,430.3 64.96 2,246.2 60.04 184.1 8.2%Jul‐10 42,504 2,959.4 69.63 3,140.6 73.89 (181.2) ‐5.8%Aug‐10 41,901 2,886.4 68.89 3,179.7 75.89 (293.3) ‐9.2%Sep‐10 33,109 1,808.8 54.63 2,168.2 65.49 (359.4) ‐16.6%Oct‐10 31,976 1,665.2 52.08 1,599.9 50.03 65.3 4.1%Nov‐10 30,620 1,637.9 53.49 1,581.5 51.65 56.4 3.6%Dec‐10 33,764 2,000.3 59.24 1,752.3 51.90 248.0 14.2%

Total for 2010 404,079 23,622.8$ 58.46$ 24,003.4$ 59.40$ (380.6)$ ‐1.6%

All Requirements Alternative (Company B) vs Existing Partial Requirements

All Requirements Alternative (Spot MarketPurchases) vs Existing Partial Requirements

All Requirements Partial Requirements Savings (Costs)Alternatives (Exelon/GGF/Market) All Requirements Vs Partial

Annual Power Costs ($000)

City Of GenevaComparison of Annual Power Supply Costs ‐ Calendar Year 2010All Requirements Versus Existing Partial Requirements/GGF

(Partial Requirements/GGF Includes All GGF Costs: Debt Service, Fuel and O&M Costs)

F2 4/2/2012

Attachment BPage 1 of 2

Partial All Partial AllRequirements Requirements Requirements Requirements(Exelon/GGF/ ‐ Company B (Exelon/GGF/ ‐ Spot Market

Line Market) Difference Purchase Market) Difference PurchasesNo. ($000) ($000) ($000) ($000) ($000) ($000)

(a) (b) (c) (d) (e) (f) (g)123 Total Capacity Costs 4,912.4$ 740.8$ 5,653.2$ 4,912.4$ 11.5$ 4,923.9$ 45 Delivery Costs6 PJM Transmission Costs 1,257.8$ 576.2$ 1,834.0$ 1,257.8$ 576.2$ 1,834.0$ 7 ComEd Local Distribution Costs 1,075.0 180.0$ 1,255.0 1,075.0 180.0$ 1,255.0 8 Total Delivery Costs 2,332.8$ 756.2$ 3,089.0$ 2,332.8$ 756.2$ 3,089.0$ 910 Total Energy Costs 15,691.1$ 2,173.8$ 17,864.9$ 15,691.1$ (722.0)$ 14,969.1$ 1112 Annual Total Costs 22,936.2$ 3,670.9$ 26,607.1$ 22,936.2$ 45.8$ 22,982.0$

Actual Costs

City Of GenevaComparison of Annual Power Supply Costs - Calendar Year 2011

All Requirements Versus Partial Requirements/GGF(Partial Requirements/GGF Includes All GGF Costs: Debt Service, Fuel and O&M Costs)

Current Arrangements Vs Company B Current Arrangements Vs Direct Market

F2 4/2/2012

Attachment BPage 2 of 2

TotalAnnual EnergyReguirements

Year (MWh) ($000) $/MWh ($000) $/MWh ($000) %(a) (b) (c) (d) (e) (f) (g) (h)

(c) / (b) (e) / (b) (c) ‐ (e) (g) / (e)

CY 2011Jan‐11 32,460 2,053.5$ 63.26$ 1,879.5$ 57.90$ 174.0$ 9.3%Feb‐11 29,075 1,876.6 64.54 1,727.8 59.42 148.8 8.6%Mar‐11 30,968 1,964.1 63.42 1,825.7 58.95 138.4 7.6%Apr‐11 28,579 1,846.1 64.60 1,704.7 59.65 141.4 8.3%May‐11 30,656 1,951.3 63.65 1,837.5 59.94 113.9 6.2%Jun‐11 36,551 2,651.6 72.55 2,229.4 61.00 422.2 18.9%Jul‐11 42,344 2,964.3 70.01 2,208.1 52.15 756.2 34.2%Aug‐11 39,883 2,822.9 70.78 2,327.3 58.35 495.6 21.3%Sep‐11 32,720 2,460.6 75.20 2,036.1 62.23 424.5 20.8%Oct‐11 31,389 2,020.9 64.38 1,804.9 57.50 216.0 12.0%Nov‐11 30,052 1,945.8 64.75 1,491.8 49.64 454.0 30.4%Dec‐11 32,185 2,049.5 63.68 1,863.4 57.90 186.1 10.0%

Total for 2011 396,860 26,607.1$ 67.04$ 22,936.2$ 57.79$ 3,670.9$ 16.0%

CY 2011Jan‐11 32,460 2,025.8$ 62.41$ 1,879.5$ 57.90$ 146.3$ 7.8%Feb‐11 29,075 1,739.1 59.81 1,727.8 59.42 11.3 0.7%Mar‐11 30,968 1,876.3 60.59 1,825.7 58.95 50.6 2.8%Apr‐11 28,579 1,715.8 60.04 1,704.7 59.65 11.1 0.7%May‐11 30,656 1,991.6 64.97 1,837.5 59.94 154.1 8.4%Jun‐11 36,551 2,114.0 57.84 2,229.4 61.00 (115.4) ‐5.2%Jul‐11 42,344 2,965.2 70.03 2,208.1 52.15 757.1 34.3%Aug‐11 39,883 2,321.6 58.21 2,327.3 58.35 (5.7) ‐0.2%Sep‐11 32,720 1,661.5 50.78 2,036.1 62.23 (374.6) ‐18.4%Oct‐11 31,389 1,560.0 49.70 1,804.9 57.50 (244.9) ‐13.6%Nov‐11 30,052 1,447.5 48.17 1,491.8 49.64 (44.3) ‐3.0%Dec‐11 32,185 1,563.8 48.59 1,863.4 57.90 (299.7) ‐16.1%

Total for 2011 396,860 22,982.0$ 57.91$ 22,936.2$ 57.79$ 45.8$ 0.2%

Annual Power Costs ($000)

City Of GenevaComparison of Annual Power Supply Costs ‐ Calendar Year 2011All Requirements Versus Existing Partial Requirements/GGF

(Partial Requirements/GGF Includes All GGF Costs: Debt Service, Fuel and O&M Costs)

All Requirements Alternative (Company B) vs Existing Partial Requirements

All Requirements Alternative (Spot MarketPurchases) vs Existing Partial Requirements

All Requirements Partial Requirements Savings (Costs)Alternatives (Exelon/GGF/Market) All Requirements Vs Partial

F2 4/2/2012


Agenda Item: Bid Award to Professional Cemetery Services for the 2012-13 Cemetery Services Contract at the City Owned Cemeteries

Presenter & Title: Dan Dinges, Director of Public Works Pam Broviak, City Engineer/Asst DPW

Date: March 20, 2012


Estimated Cost: $22,000 Budgeted? X YES NO

If NO, please explain how the item will be funded: For FY 2012-13 staff proposes to remove the Cemetery Maintenance & Administration Specialist position from the Cemetery budget. Executive Summary: For several years City council has discussed the concern over maintenance at the cemeteries and the possibility of outsourcing the services. Staff bid the cemetery services for both the West Side and Oak Hill cemeteries. Bid Summary is attached. Attachments: (please list) • Bid Summary and Staff recommendation Memo • Resolution Recommendation / Suggested Action: (briefly explain) Staff recommends that City Council authorize the Mayor to execute the Contract with Professional Cemetery Services at the unit prices of $600/burial and $200/cremain for 2012.

City of Geneva

Summary of Bids

Name of Project: CEMETERY MAINT. Recorded By: LEMAIRE

Opened By: DAHL Date/Time: 27-Oct-11

Approved Engineer Estimate/ Budget :

CONTRACTOR NAME BID PRICEBID BOND

% OF PRICE TYPE OF PAYMENT FOR

BID BOND REMARKS ADDENDUM

Alainz West Side Cemetery 3,648.00$ 10% Check

Alainz Oak Hill West 23,160.00$

Alainz Oak Hill East 7,872.00$

Alainz Adult Burial 3,100.00$ 3600

Classic West Side Cemetery 5,920.00$ 10% Check No bid for cemetery services

Classic Oak Hill West 5,440.00$

Classic Oak Hill East 14,400.00$

Twin Oak West Side Cemetery 5,600.00$ 10% Bond

Twin Oak Oak Hill West 32,000.00$

Twin Oaks Oak Hill East 10,800.00$

Twin Oaks Adult Burials 1,000.00$ 1250 on Saturdays

Waldschmidt West Side 4,420.00$ 10% None Disqualifed for no bid bond

Waldschmidt Oak Hill West 6,320.00$

Waldschmidt Oak Hill East 27,480.00$

Waldschmidt Adult Burials 850.00$

Professional Cemetery Services West Side 8,000.00$ 10% Check

Professional Cemetery Services Oak Hill West 26,400.00$

Professional Cemetery Services Oak Hill East 14,400.00$

Adult Burial 600.00$ 700 for Saturdays

Cremain Opening 200.00$ 350 for Saturdays

Page ____of____


RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH PROFESSIONAL CEMETERY SERVICES, INC.

FOR CEMETERY SERVICES AT CITY OWNED CEMETERIES



SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of

the City of Geneva, the Contract with Professional Cemetery Services, Inc. relating to the cemete

services at the City’s two cemeteries.

ry



__

PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 2nd day of

April, 2012.

AYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE:


Mayor

ATTEST:

lerk City C


Agenda Item: Bid Award to Classic Landscape for the 2012-13 Landscape Maintenance Contract at the City Owned Cemeteries

Presenter & Title: Dan Dinges, Director of Public Works Pam Broviak, City Engineer Asst. DPW

Date: March 20, 2012


Estimated Cost: $25,760 Budgeted? X YES NO

If NO, please explain how the item will be funded: For FY 2012-13 Staff proposes to remove the Cemetery Maintenance & Administration Specialist position from the Cemetery Budget. Executive Summary: For several years City council has discussed the concern over maintenance at the cemeteries and the possibility of outsourcing the services. Staff bid the landscape maintenance for both the West Side and Oak Hill cemeteries. Bid Summary is attached. Attachments: (please list) • Bid Summary and Staff recommendation Memo • Resolution Recommendation / Suggested Action: (briefly explain) Staff recommends that City Council authorize the Mayor to execute the Contract with Classic landscape in the amount of $25,760 for 2012.

City of Geneva

Summary of Bids

Name of Project: CEMETERY MAINT. Recorded By: LEMAIRE

Opened By: DAHL Date/Time: 27-Oct-11

Approved Engineer Estimate/ Budget :

CONTRACTOR NAME BID PRICEBID BOND

% OF PRICE TYPE OF PAYMENT FOR

BID BOND REMARKS ADDENDUM

Alainz West Side Cemetery 3,648.00$ 10% Check

Alainz Oak Hill West 23,160.00$

Alainz Oak Hill East 7,872.00$

Alainz Adult Burial 3,100.00$ 3600

Classic West Side Cemetery 5,920.00$ 10% Check No bid for cemetery services

Classic Oak Hill West 5,440.00$

Classic Oak Hill East 14,400.00$

Twin Oak West Side Cemetery 5,600.00$ 10% Bond

Twin Oak Oak Hill West 32,000.00$

Twin Oaks Oak Hill East 10,800.00$

Twin Oaks Adult Burials 1,000.00$ 1250 on Saturdays

Waldschmidt West Side 4,420.00$ 10% None Disqualifed for no bid bond

Waldschmidt Oak Hill West 6,320.00$

Waldschmidt Oak Hill East 27,480.00$

Waldschmidt Adult Burials 850.00$

Professional Cemetery Services West Side 8,000.00$ 10% Check

Professional Cemetery Services Oak Hill West 26,400.00$

Professional Cemetery Services Oak Hill East 14,400.00$

Adult Burial 600.00$ 700 for Saturdays

Cremain Opening 200.00$ 350 for Saturdays

Page ____of____


RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CLASSIC LANDSCAPE, INC.

FOR LANDSCAPE MAINTENANCE AT CITY OWNED CEMETERIES



SECTION 1: That the City Administrator is hereby authorized to execute, on behalf of

the City of Geneva, the Contract with Classic Landscape, Inc. relating to the landscape maintenance

at the City’s two cemeteries

.



__

PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 2nd day of

April, 2012.



Mayor

ATTEST:

lerk City C


Agenda Item: Clarke 2012-14 Mosquito Abatement Services Contract

Presenter & Title: Dan Dinges, Director of Public Works

Date: April 3, 2012


Estimated Cost: $78,000.00 Budgeted? X YES NO

If NO, please explain how the item will be funded: Executive Summary: Attached is a copy of the contract covering professional mosquito management services with Clarke to provide a comprehensive community mosquito management system for the City of Geneva during the 2012-14 seasons. The project was bid with the City of Batavia (Two separate bid packages but bid at the same time) and bids were opened for both Geneva & Batavia at Geneva City Hall on March 22, 2012. Only one bid was received for Geneva and Batavia however, the bid specifications were sent to two other vendors. They showed interest however they both were unable to submit bids. The City has worked with Clarke for over 20 years and finds their work acceptable. Attachments: (please list)

• Bid Summary • Clarke Contract • Resolution

Recommendation / Suggested Action: (briefly explain) Approve the contract with Clarke in an amount not to exceed $78,000.00 for fixed program costs associated with the City of Geneva’s 2012-14 Mosquito Management Program and variable costs associated with adult mosquito control treatments as authorized by the City of Geneva on an as-needed basis during the 2012-14 Seasons.

City of Geneva

Mosquito Abatement Program

Bidder Year

Mosquito Abatement Program

Larval Treatments Chemical Control of

Adult Mosquitos

Approximate Cost

(Based on 5 Sprayings)

TOTAL ANNUAL

COST

Clarke 2012 28,150.00$ 16,000.00$ 24.00$ Per Mile 15,000.00$ 59,150.00$

2013 28,150.00$ 16,000.00$ 24.00$ Per Mile 15,000.00$ 59,150.00$

2014 28,994.50$ 16,480.00$ 24.72$ Per Mile 15,450.00$ 60,924.50$


RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CLARKE FOR MOSQUITO ABATEMENT SERVICES FOR 2012-14




Geneva, contract with Clarke, in the form attached hereto as Exhibit “A”, relating to

Mosquito Abatement Services for 2012-14.



__


_________, 2012.



Mayor

ATTEST:

lerk City C


Agenda Item:

Consider Draft Resolution Authorizing Execution of an Operation and Maintenance Agreement, with Caterpillar Power Generation L.L.C., for Geneva Generation Facility (GGF) in 2012, 2013 & 2014

Presenter & Title: Michael J. Buffington, Superintendent of Electrical Services

Date: April 3, 2012


Estimated Cost: $179,558 in 2012 $183,023 in 2013 $186,592 in 2014

Budgeted? X YES NO

If NO, please explain how the item will be funded: Executive Summary: To maximize the savings from BTM operations, the staff is recommending using Caterpillar Power Generation Systems for operations and maintenance of GGF during the summer months of 2012, 2013 & 2014. The Contract has been reviewed by The City of Geneva’s Attorney Attachments: (please list)

• Resolution Authorizing Execution of Contract Caterpillar Power Systems for the Operation and Maintenance of GGF

• Operation and Maintenance Agreement

Recommendation / Suggested Action: (briefly explain) To contract the Operations & Maintenance of the Geneva Generation Facility in years of 2012, 2013 & 2014, with Caterpillar Power Generation Systems L.L.C. Authorize the Mayor to execute, on behalf of the City of Geneva, the Operation and Maintenance Agreement, with Caterpillar Power Generation L.L.C.


RESOLUTION AUTHORIZING EXECUTION OF Operation and Maintenance Agreement

with Caterpillar Power Generation L.L.C.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA,

KANE COUNTY, ILLINOIS, as follows:


Geneva, Operation and Maintenance Agreement, with Caterpillar Power Generation L.L.C., in

the form attached hereto at Exhibit “A”, relating to the Operations & Maintenance of the Geneva

Generation Facility in 2012, 2013 & 2014.



PASSED by the City Council of the City of Geneva, Kane County, Illinois, this ____ day

of _________, 2012




OPERATION AND MAINTENANCE AGREEMENT

This Operation and Maintenance Agreement (“Agreement”) dated as of April 2, 2012, is entered into by and between Caterpillar Power Generation Systems, L.L.C., a Delaware limited liability company (“CPGS”), and City of Geneva, an Illinois Municipal Corporation, (“Customer”).

WHEREAS, Customer desires to engage CPGS to perform operation and maintenance services with respect to Customer’s electric power generation facility (“Facility”) located at the project site (“Project Site”) more particularly described in the Offer 12-0106 for Operations & Maintenance (Rev C) dated February 3, 2012 from CPGS to Customer, a copy of which is attached as Exhibit A (“Offer”) on the terms and conditions set forth in this Agreement.

WHEREAS, CPGS desires to perform such operation and maintenance services with respect to the Project and the Project Site on the terms and conditions set forth in this Agreement.

WHEREAS, the parties have entered into that certain Operation and Maintenance Agreement date as of May 15, 2011 with respect to the Facility (the “Original Agreement”) and desire to replace the Original Agreement with this Agreement effective as of the Effective Date (defined below), and the Original Agreement shall terminate and be of no further force and effect as of the Effective Date.

NOW THEREFORE, in consideration of these premises and the mutual promises and agreements herein expressed, the parties hereby agree as follows:

1. CPGS hereby agrees to sell and provide and Customer hereby agrees to purchase and accept the Operations and Maintenance Services pursuant to the terms of the Offer, except as modified herein, and the General Terms and Conditions for Sale of Operations and Maintenance Service Labor attached hereto as Exhibit B (the “Terms”). The Terms are the terms and conditions referenced on Page 15 of the Offer. Capitalized terms used but not defined in this Agreement shall have their respective meanings set forth in the Terms. The Offer and Terms are part of and included in the meaning of the term “Agreement.”

2. Notwithstanding anything to the contrary set forth in the Offer, the term of this Agreement is three (3) years, starting from May 15, 2012 (“Effective Date”) and terminating May 14, 2015. Subject to the provisions of Paragraph 3 below, the monthly Fixed Fee (“Fixed Fee”) for the term shall be, as stated in the Offer, i.e., $35,800 (United States Dollars) per month for the months. CPGS has a physical presence at the Project Site from the period June 15 through September 14 during each calendar year under this Agreement (the “Applicable Period”) in accordance with the terms of the Offer. Any work hours recorded by any CPGS employee in excess of eight (8) hours per day or forty (40) hours per week shall be charged at a Variable Fee of $120 per hour. In the case of any absences of the CPGS employee from the Facility of more than three (3) consecutive days in duration, CPGS will provide a suitable employee replacement for the time of absence. In the case of any absences from the Facility by the CPGS employee, the monthly Fixed Fee shall be reduced by a prorated daily amount of $1250 (United States Dollars) for each full day of absence. The monthly Fixed Fee and any Variable Fee will be payable on the 30th day of the following month. Travel costs, such as airfare, hotel, rental car, per diem shall be billed to Customer per the agreed upon rates listed below and not subject to the price adjustment provisions of Paragraph 4 below.

1 of 4

− Accommodations $120/night − Per diem $68/day − Rental Car $50/day − Airline Flights At cost, but not to exceed $4000 during the term of Agreement.

3. Customer and CPGS agree that the following performance guarantees with respect to the performance of the equipment identified in Section 3.1.1 of the Offer (“Included Equipment”) will be in force during each Applicable Period of this Agreement. Performance Penalties or Performance Bonuses will be payable as soon as practicable following the end of each Applicable Period according to the Calculation Sheet attached hereto as Exhibit C and pursuant to the following terms and conditions:

Performance Assessment: An aggregate amount equal to twenty percent (20%) of the total Fixed Fee will be subject to the following Performance Assessment payable by CPGS to Customer:

a. There shall be an assessment equal to five percent (5%) of the Fixed Fee in the event the Included Equipment operates at less than an average of ninety-eight percent (98%) availability when dispatched during the Applicable Period.

b. There shall be an assessment equal to ten percent (10%) of the Fixed Fee in the event the Included Equipment measured during the 5 CP hour measurement by PJM Interconnection, a Regional Transmission Organization (“PJM”) and the 5 CP hour measurement by ComEd, a Local Transmission Organization (“ComEd”), generates less than a baseline output of 25.5 MW as measured as plant net output at the meters before the step-up transformers.

c. There shall be an assessment equal to five percent (5%) of the Fixed Fee in the event the Included Equipment measured during the 1 CP hour measurement by PJM generates less than a baseline output of 25.5 MW as measured as plant net output at the meters before the step-up transformers.

Performance Bonuses: An aggregate amount equal to twenty percent (20%) of the total Fixed Fee will be subject to the following Performance Bonuses payable by Customer to CPGS:

a. There shall be a bonus equal to five percent (5%) of the Fixed Fee in the event the Included Equipment operates at more than an average of ninety-eight (98%) availability when dispatched during the Applicable Period.

b. There shall be a bonus equal to ten percent (10%) of the Fixed Fee in the event the Included Equipment measured during the 5 CP hour measurement by PJM and ComEd generates more than a baseline output of 27.3 MW as measured as plant net output at the meters before the step-up transformers.

c. There shall be a bonus equal to five percent (5%) of the Fixed Fee in the event the Included Equipment measured during the 1 CP hour test by PJM generates more than a baseline output of 27.3 MW as measured as plant net output at the meters before the step-up transformers.

2 of 4

As used above, the term “5 CP hour measurement” means the average of the output from the Facility measured by PJM during 5 one hour increments at the time of PJM transmission system peak load during the Applicable Period, and the output from the Facility measured by ComEd during five (5) one hour increments at the time of ComEd transmission system peak load during the Applicable Period, the results of which are notified to Customer and CPGS. As used above, the term “1 CP hour measurement” means the output from the Facility measured by PJM during a one hour increment at the time of PJM system peak load during the Applicable Period, the results of which are notified to Customer and CPGS. With regards to the 5 CP hour and 1 CP hour measurement calculations, if the outputs measured are greater than or equal to 25.5 MW and less than or equal to 27.3 MW, than no penalties or bonuses will be applicable. Availability and output for purposes of all Performance Penalties and Performance Bonuses shall be determined on the basis of the aggregate number of scheduled hours of operation of the Included Equipment during the Applicable Period, less downtime due to (1) periods of regular scheduled maintenance of any equipment at the Facility pursuant to manufacturer manuals, (2) failure of any equipment or property other than the Included Equipment caused by defects in materials or workmanship or other reasons not attributable to any failure of CPGS to perform its obligations under the Agreement, and (3) force majeure, accidents not caused by CPGS, any decision by Customer to not operate the Facility, or any other act or failure to act by Customer, including without limitation any failure by Customer to make any repairs recommended by CPGS, and any failure by PJM to dispatch power from the Facility. 4. Customer and CPGS agree that the following annual price adjustment terms will be in force during the term of the Agreement. The monthly Fixed Fee will be subject to annual price adjustment in the manner set forth below based on annual increases or decreases in the Consumer Price Index – All Urban Consumers index published by the US Bureau of Labor Statistics under www.data.bls.gov (the “Index”). a. For purposes of this Paragraph 4, the month of May 2012 is herein referred to as the

“Base Month” and the Base Month and the month of May in each year of the Agreement thereafter is herein referred to as the “Reference Month”.

b. The monthly Fixed Fee shall be increased or decreased annually by the percentage increase or decrease in the Index as of each Reference Month as compared to the Reference Month in the immediately previous year of the Agreement.

c. The first annual Fixed Fee adjustment shall occur one (1) year following the Base Month and repeat annually during each Reference Month in each year during the term of the Agreement. The annual adjustment in the Fixed Fee will take effect as of the first day of the month following the Reference Month.

d. The Fixed Fee adjustment in any year shall not exceed three percent (3%) annually, up or down, and shall be communicated and invoiced to Customer in writing.

e. Should the Index be no longer published, CPGS may at its reasonable discretion replace the Index with a comparable index published by the US Bureau of Labor Statistics.

5. Customer will notify CPGS no later than thirty (30) days before the end of the term of this Agreement whether it wishes to extend the Agreement for an additional year on the terms of this Agreement, subject to an increase or decrease in the Fixed Fee pursuant to the terms of Paragraph 4 above.

3 of 4

http://www.data.bls.gov/pdq

4 of 4

6. This Agreement reflects the entire agreement between the parties effective as of the Effective Date.

7. The Freedom of Information Act, 5 ILCS140/1 et seq (the “Act”) places an obligation on Customer to produce certain records in the event a valid Freedom of Information request under the Act (“FOIA Request”) is made on Customer. In the event of a FOIA Request upon Customer that calls for records that are in the sole possession of CPGS, then upon written request from Customer, CPGS will review its records promptly and produce to Customer such records in CPGS’s possession at the time of Customer’s request (i) that do not constitute proprietary or confidential information of CPGS, and/or (ii) that CPGS does not reasonably believe are entitled to exemption under the Act or other defense to disclosure under applicable law.

8. In the case of any conflict between this Agreement, the Terms, or the Offer, the following order of priority of interpretation shall govern: first, this Agreement, then the Terms, and finally the Offer.

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the date first above written.

CATERPILLAR POWER GENERATION SYSTEMS L.L.C. By: Name: Its: CITY OF GENEVA By: Name: Its:

Exhibit A

OFFER

CATERPILLAR POWER GENERATION SYSTEMS

FOR

Operations & Maintenance

Offer 12-0106

ev C ary 2012

eva

oad, Geneva, Ill 60134

Contract Term: Three (3) Years

R3 Febru

Customer: City of Gen

Site Location 1717 Averill R:

OFFER 12-0106 Rev C 3 Feb 2012

CPGS CMS

Exhibit A - LTSA OM Offer 12-0106-RevC-Final City of Geneva

2

O&M

1 INTRODUCTION – CONTRACT MANAGEMENT SERVICES ................................................. 4

1.1 ADDING VALUE .............................................................................................................................. 4 1.2 GUIDING PRINCIPLES .................................................................................................................. 4

............................... 4 1.2.2 Critical Success Factors .................................................................................................... 5

................................... 6

................................... 6

................................... 7

1.2.1 Core Values .......................................................................................

1.3 CONTINUOUS IMPROVEMENT ...............................................................1. EXPERIENCE ................................................................................................4 1.5 TRANSITION & COMMUNICATION .......................................................

2 O&M ...................................................................................................................................................... 7

................................... 7 2.1.1 7

............................... 8

............................... 8 ................................... 8 ............................... 8 ............................... 8 ............................... 9 ................................. 10 ............................. 10 ............................. 10 ............................. 11 ............................. 11 ............................. 11 ................................. 12 ............................. 12

2.4.2 Administrative / EHS / O&M Procedures ......................................................................... 12 ................................. 12

2.1 SCOPE OF SERVICES ..................................................................................Services and Responsibilities of CPGS ............................................................................

2 1.2 Services and Responsibilities of Customer ....................................... ..2.1.3 Exclusions ..........................................................................................2.2 CPGS TEAM ...................................................................................................2.2.1 Staff Selection ....................................................................................2.2.2 Training and Qualification .................................................................. 2.2.3 Position Accountabilities ....................................................................2.3 MAINTENANCE ACTIVITIES ...................................................................2.3.1 Preventative Maintenance..................................................................2.3.2 Predictive Maintenance ......................................................................2.3.3 Balance of Plant Equipment Maintenance .........................................2.3.4 Engine Equipment Repair and Replacement .....................................2.3.5 Electrical Equipment Repair and Replacement ..................................2.4 OPERATIONS ACTIVITIES .......................................................................2.4.1 Reporting ...........................................................................................

2.5 MOBILIZATION ...........................................................................................

3 ..COMMERCIAL .............................................................................................. ................................. 12

................................. 12 ............................. 12 ............................. 13

3.1.3 Validity ............................................................................................................................ 13 ............................. 13

3.1.5 Termination and Cancellation ......................................................................................... 13 3.1.6 Performance Guarantees ................................................................................................ 14

4

3.1 SCOPE .............................................................................................................3.1.1 Equipment ..........................................................................................3.1.2 Term ...................................................................................................

3.1.4 Changes to Scope .............................................................................

PRICING ............................................................................................................................................. 14


CPGS CMS


3

EXECUTIVE SUMMARY Caterpillar Power Generation Systems (CPGS), a Caterpillar company, is an industry leader in the provision of power systems in its size range. CPGS experience extends to all corners of the globe, and covers many vironments. This experience demonstrates that CPGS provides quality long-term Contract Management Services (CMS) to equipment owners.

nce of their assets.

ilability and long ice, parts, repair and

replacement, operation and training. Our multi-skilled team optimizes facility operation by ning equipment

peration and Maintenance

setting high expectations e capabilities

uipment and result in a

2.1 below.

different application en

CPGS’ Contract Management Services focuses on equipment operation and maintenance services, allowing customers to optimize the long-term economic performa Contract Management Services (CMS) from CPGS assures reliability, avaoperating life, and provides single-point responsibility for installation serv

continuously improving operation and maintenance practices and fine-tuperformance. This team will have the proper tools, appropriate ongoing training, andempowerment to deliver results. Additionally, CPGS brings proven O(O&M) procedures and a management philosophy that focuses onwhile properly balancing operating and maintenance demands. All of thescombine to guarantee optimal performance and availability of facility eqmaximum return on investment due to optimal asset utilization. In the following pages, CPGS proposes to provide services for City of Geneva at the Geneva Electric Generation facility. The O&M scope provided for this site is listed in Section


CPGS CMS


4

OPERATIONS & MAINTENANCE

1 INTRODUCTION – CONTRACT MANAGEMENT SERVICES CPGS provides complete operation mers in Power

designed to meet the ffective maintenance strategies

for their assets. For more than twenty years we have been providing Contract Management ing equipment fleets, to

ucture.

operators and enance needs in all types of

wide field locations, we service contract

1.1 ADDING VALUE

set performance and t owners want to total life cycle costs ting costs. We focus t often have different

rganization.

ve consistently and reduced risk while iance, and training.

te aftermarket support of our engines through the worldwide Caterpillar support organization to provide complete maintenance, repair and overhaul support

ienced technicians.

1.2 GUIDING PRINCIPLES

1.2.1 Core Values

In all aspects our bu

Operate Ethically A worldwide code of conduct we adhere to as individuals and as a company. We will hold to a single high standard of integrity everywhere, will not make commitments we don’t intend to keep nor promise more than we can reasonably expect to deliver.

and maintenance services to custoGeneration businesses around the world, and our service contracts are often-unique requirements that owners face in developing cost-e

Services ranging in scope from total responsibility for multiple OEM rotatcomplete facility management with a performance based compensation str With a worldwide network of professional and skilled managers, engineers,technicians, CPGS is positioned to support operation and maintfacilities. Headquartered in Peoria, Illinois, and operating out of worldare able to provide consistent, proven, and yet specialized care to eachcustomer.

CPGS has always understood the correlation between optimization of ascost-effective plant operations. Realizing that the most progressive assemaximize the total net value of their facilities, CPGS helps to minimize theof new and existing installations, balancing first-cost against ongoing operaon a balanced approach to maintenance and operations – two functions thaand conflicting goals and incentives in a larger o CPGS is committed to adding value to the customer’s operation and we hamaximized facility availability and reliability, optimized plant performanceemphasizing the highest level of attention to safety, environmental compl Additionally, CPGS offers comple

with dedicated and exper

siness, we at CPGS adhere to a guiding set of core values:


CPGS CMS


5

Be Dedicated to Quality Every level of the company is dedicated and accountable for the uncompromising quality and continuous improvement in all our products and services.

Be Value Driven Our customers expect extraordinary value from CPGS – we are

se

Teamwork We foster and encourage solid teamwork with customers,

Be Socially Responsible the communities where we live and work

raging and supporting volvement, improving the environment, and by

We maintain our cor plaining how each applies to the project. We m ommunication within our organization, as

phere of support for ues.

mers, we align customer and m. We make it a point to

osophy at the facility.

Factors

each other’s our core values, but

also the critical success factors guiding our actions.

high availability, optimal while maintaining the highest level of safety,

e satisfaction.

:

tomer needs

imize productivity.

• Increase leadership capability, diversity and multinational experience. ence by focusing on continuous improvement, roles and

s, and wo ethods to increase process focus.

committed to anticipating, meeting, and even exceeding thoexpectations in everything we do.

suppliers, and employees.

We support and improveby providing a safe work place, encoucommunity inrespecting the value of every individual.

e values by communicating what they are and exaintain direct and open lines of c

well as with the client, to discuss any issues and resolve any conflicts that may arise. CPGS management emphasizes the importance of our values and we create a sthe team members, helping them to understand and adhere to these val Because of the close relationship we maintain with our custoCPGS goals and objectives prior to and throughout the Agreement terrespect and support your core values and to incorporate them into our phil

1.2.2 Critical Success

It is CPGS’ belief that all parties should have a complete understanding ofresponsibilities and expectations. Therefore, not only do we explain to you

CPGS defines success as: Achieving customer satisfaction throughplant performance and a reduction in costsenvironmental compliance, and employe

The critical factors guiding us toward success are to • Continually improve the operation to satisfy cus• Assure clear accountabilities. • Increase communication and strengthen business relationships.• Provide rewards that foster retention and max

• Achieve performance excellresponsibilitie rk m


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6

The following are what we understand to be the business objectives of most customers. We incorporate these objectives and any others into our overall O&M philosophy. • Adherence to core values • Excellent EHS performance

ngine operation and maintenance performance and cost management

ctivities cal integrity

development of high quality personnel

1.3 CONTINUOUS IMPROVEMENT

CPGS continuously strives to optimize asset performance through continuous improvement and quickly take

onitor and report any m our

us improvement We are able to

provements throughout the collective skills, knowledge and experience

gained from by our work and experience at other locations.

ining engine and associated balance-of-plant equipment. We currently provide Contract Management services

contracts at both new request.)

alue adders that our wledge and

help mobilize, or sometimes, even staff, the newer facilities. By having access to all applicable procedures created at the existing sites as templates for the new project procedures; having “hands-on” Business Managers that

d help avoid any problems and/or pitfalls; and developing (and continually improving) training programs to address critical issues.

• Maximization of uptime • Minimization of unplanned/unscheduled downtime • Optimization of e• Effective business • Innovative technical support • Structured and effective planning • Optimization of maintenance a• Safeguarding of techni• Obtainment, retention, and

t • Continuous Improvemen

the innovative application of existing and new technologies. We are able toadvantage of Caterpillar product developments and enhancements. We mcost reductions, availability increases and/or performance improvements resulting frocontinuous improvement efforts. CPGS is dedicated to developing, reviewing, and maintaining continuostrategies for the optimization of cost effective operation and maintenance. share knowledge across projects and apply methods, techniques, and imthe organization. Each project benefits from

1.4 EXPERIENCE For two decades CPGS has proven its experience and expertise in mainta

for numerous sites, with CPGS personnel having mobilized and executedand existing facilities around the world. (Supplemental data available upon Finally, we believe that our knowledge and experience is one of the key vCMS can bring to Customers’ projects. Customer’s benefit from this knoexperiences by: utilizing the personnel from existing sites to

are able to guide the new project an


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1.5 TRANSITION & COMMUNICATION CPGS understands that every project situation is unique – whether it is a new or existing facility, whether there exist O&M technicians and/or operators, or whether the equipment is located in

situation, we believe success depends upon a nt and continuous communication.

ng the work site and ent. This includes

ork environment, other on-site personnel, all involved parties to ests as much as

surprises and to

nd open communications with the customer so that our operations and the customers’ operations

2 O&M

VICES

nsibility for providing

he scope of services w.

2.1.1 Services and Responsibilities of CPGS

period during facility k operations starting 15 June 2012 and ending 14 September 2012, starting 15 June

nding 14 September

field engineer will be ountabilities listed in

n 2.2.3 for the covered equipment defined in section 3.1.1.

me will be minimized engineer to match the run

schedule.

During the three (3) month peak operations period in each year, CPGS will be responsible for contracted labor up to 5000 USD in the case the on-site field engineer needs assistance in troubleshooting. The need for the contracted labor will be at CPGS’ sole discretion.

extreme or ideal conditions. Regardless of the smooth transition into the Agreeme CPGS’ facilitates a smooth integration into each project by fully investigaticonditions prior to our permanent presence and execution of the Agreemgaining a complete understanding of the equipment, wand any extenuating circumstances or potential challenges. We work withdevelop and implement a mobilization plan, incorporating everyone’s interpossible in order to ensure consensus and teamwork. This helps to reduceencourage full co-operation and support. As projects go into full operating mode, CPGS strives to maintain clear a

become integrated and coordinated.

2.1 SCOPE OF SER

During the term of the proposed O&M Agreement, CPGS will assume respoall the necessary labor, supervision, professional and technical assistance, equipment, inspection, testing, and transportation required for proper completion of tdefined belo

Per the scope of the O&M Agreement, it is CPGS’ responsibility to provide:

On-site staffing of one (1) field engineer for a consecutive three-monthpea2013 and ending 14 September 2013, and starting 15 June 2014 and e2014. During the three (3) month peak operations period in each year, the responsible for the operations and maintenance per the position accsectio During the three (3) month peak operations period in each year, overtias much as possible by flexible working hours for the CPGS field


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8

2.1.2 Services and Responsibilities of Customer

During Agreement execution it is the customer’s responsibility to:

Perform radiator cleaning and maintenance arts and material identified by the CPGS field engineer

trical support within 2 hours of request for troubleshooting purposes

aterials, and facilities listed below are not currently covered by this agreement.

t Any additional labor as required to perform any major maintenance items beyond the

al federal changes lity listing

AM

needs of the service ally, all contracts are supported by CMS business development and area

will staff the facility as defined to meet the customer’s nal requirements.

cts candidates with applicable experience, who have positive attitudes and a desire to treat customer assets as their own.

2.2.2 Training and Qualification CPGS trains and develops the individuals in order to form the most effective, multi-skilled O&M personnel.

Maintain permits Contract emissions testing Maintain facility and grounds

Purchase pProvide lineman elec

2.1.3 Exclusions

The services, m

Any spare parts required for the maintenance of any equipmen

scope of normal operations Transportation, taxes and import duties on replacement parts or equipment Maintenance of underground piping Hazardous waste dispos Additional training due to government, local, or

of faci Equipment not specified on the balance

2.2 CPGS TE

CPGS offers a specialized technical and professional staff to meet the contract. Additionmanagement functions. During operation, CPGS personnel anticipated operatio

2.2.1 Staff Selection

CPGS utilizes a formal screening process to ensure the best personnel for each service contract. This process sele


CPGS CMS


9

2.2.3 Position Accountabilities The local member of the O&M team will be the CPGS Field Engineer as outlined above.

CPGS’ representative for all technical matters. All commercial PGS Contracts Manager. The Field Engineer is

e day-to-day operations and maintenance tasks as well as collateral duties. The Field Engineer will be employed and

ments.

imize overtime. In encies and facility

The CPGS Field Engineer ismatters will be addressed with the designated Cresponsible for operations and maintenance tasks and scheduling th

present at site for a normal 40 hour work week to meet reasonable operating requireBased on receiving a 12 hour advanced notice of operating hours, the Field Engineer’s work schedule will be flexible to closely reflect the operating schedule and minaddition, the field engineer will be on call 24 hours per day for all emergoutages. Major responsibilities and accountabilities for the CPGS personnel are:

FIELD ENGINEER This position provides advice for the safe, continuous, profitable, and cost effective operation

correspondence.

me, maintenance, al reporting.

quirements, and permitting).

management; determines on-site spares definition,

procedures.

ccount contractual er requirements, and personnel utilization within business plan, budget,

and financial constraints.

ds any necessary facility modifications with minimal impact on revenue and

eporting is communicated to the customer, regulatory agency, or utility.

Reviews any deviation of individual equipment performance from standards (corrected for

site conditions), and approves corrective action plan.

and maintenance of the equipment. This person, while assigned on site:

Serves as the primary customer contact for technical

Completes all facility reporting such as production, downtitrending/performance, and financi

Ensures regulatory compliance (code issues on maintenance, license re

Oversees inventory utilization and

quantity levels, and purchasing requirements.

Establishes all necessary operating and maintenance procedures and materials management in order to meet performance objectives.

Manages requests for outside services through established customer

Assists customer in directing maintenance scheduling, taking into a

obligations, custom

Recommen

within budget constraints.

Ensures all facility malfunction r


CPGS CMS


10

Coordinates all operational activities of the power plant. Compiles data and prepares daily power plant report. Maintains power plant operations while not compromising safety or environmental demands.

Has the ability to operate, maintain, troubleshoot and repair both engine and balance of

facility equipment to ensure high facility availability; can service, diagnose and repair

electrical equipment in a high standard of availability at a reasonable cost nce requirements in

ns and in a safe manner. ry parts are available and submits material requisitions when required.

ic reports.

and emergency l equipment.

roducts and services in the maintenance portion of its contract:

ment repair

enance

intenance plans as utilized to

nce will be performed (as ne performance.

ntenance ion basis. Planned maintenance activities can

be performed sooner or later based on a condition evaluation.

Predictive maintenance will be provided in the form of Performance Analysis, Lube Oil Analysis, and Trending to ensure the health of the engines.

electrical/mechanical systems.

Will maintain the and minimal down time. Will monitor and service electrical maintenaaccordance with company policy, manufacturer's recommendatioEnsures that necessa

Assists in compiling data for production, emissions, and other period

Plans and schedules all maintenance activities, major outage activities,

repairs. Allocates manpower, tooling, contractors and specia

2.3 MAINTENANCE ACTIVITIES CPGS includes the following p

• Preventative and corrective maintenance • Predictive maintenance • Engine and BOP equip

2.3.1 Preventative Maint Preventative maintenance tasks are completed based on annual marecommended by Caterpillar. Condition monitoring techniques will also be continuously diagnose engine condition. Whenever needed, maintenaallowed by operations scheduling) to correct problems and optimize engiDuring Agreement execution, CPGS will provide timely recommendations for all maitasks necessary based on running hour or condit

2.3.2 Predictive Maintenance


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11

2.3.3 Balance of Plant Equipment Maintenance As part of the preventative and predictive maintenance, CPGS will provide the following for specific BOP equipment (as applicable per contract):

t Repair and Replacement

air policies and procedures are developed with the performance, reliability and operating life that was

ided into four phases:

asure

eplace

nd Test

ets the same quality

ned.

2.3.5 Electrical Equipment Repair and Replacement

trols. Repair policies and procedures are developed with the intent to support the customer in maintaining performance,

inally designed into the equipment.

ss is divided into four phases:

and clean

easure

• Reassemble and Test

Each phase in the process is directed toward providing an engine that meets the same quality

gned.

• Lube oil sampling for analysis

• Cooling water sampling for analysis

2.3.4 Engine Equipmen CPGS will support the defined Engines. Repintent to support the customer in maintaining originally designed into the equipment. The major repair process is div • Disassemble and clean

• Inspect and Me

• Restore and R

• Reassemble a

Each phase in the process is directed toward providing an engine that meand performance standards as desig

CPGS will support the defined electrical equipment and con

reliability and operating life that was orig The major repair proce • Disassemble

• Inspect and M

• Restore and Replace

and performance standards as desi


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2.4 OPERATIONS ACTIVITIES

2.4.1 Reporting

er to produce and record data needed to evaluate system

Reports can include:

Performance ● Availability

Water consumed ● Fuels consumed

l

iew

umed

2.4.2 Administrative / EHS / O&M Procedures

e, operations and s customer required

inister the contract s.

2.5 MOBILIZATION

to mobilize 1 month prior to the Effective Date of the Agreement estimated to .

MERCIAL

ts the type of equipment included in this operations and maintenance contract.

alter the quoted monthly fee. CPGS reserves equipment lists.

Caterpillar five (5) G16CM34 engines Combined modules Generators Fuel modules

CPGS works with the customperformance.

• System

•

• Maintenance ● Repair and replacements

• Electrica Production

• System Rev

• Lube Oil cons

CPGS personnel will adhere to Caterpillar standard administrativmaintenance, environmental, health, and safety procedures as well aprocedures as applicable and agreed upon in order to successfully admservice

CPGS will beginbe on May 15, 2012

3 COM

3.1 SCOPE

3.1.1 Equipment

The following lisThe addition of equipment not shown below will

ke pricing adjustments after complete review of all facilitythe right to ma Included Equipment


CPGS CMS


13

Start Air Compressors Ventilation equipment Exhaust systems Control systems MCC’s

’s and Control Logic

luded Equipment

r Building structural

ic PLC and Control Logic

Term

of this offer is based on a three (3) years agreement, beginning on the Effective Date

Scope

eration parameters, S may conduct a

e and conditions. CPGS hanges in scope of services or equipment and the

nclude these changes.

er 14, 2012 O&M ee if received after the

variable expenses.

If notice is given before the 15th of the month preceding termination (more than two weeks), a sum not-to-exceed 8% of the remaining value of the Agreement would be charged plus any

LDB’s ECM’s

PLCSwitchgear Exc 12.47-34.5 kVA Transforme

Building cosmetSwitchgear other thanRadiators Substation

3.1.2

The term of the Agreement estimated to be May 15, 2012.

3.1.3 Validity This offer is valid for four months from time of issue. After that time, CPGS will work with the customer to re-evaluate data and cost.

3.1.4 Changes to The prices quoted in this Offer are based on our understanding of the opscope and condition of the equipment at the time of Offer submission. CPGpreliminary inspection of the site and equipment in order to assess scopwill work with the customer to review any cagreement may be modified to i

3.1.5 Termination and Cancellation For early termination not due to default by CPGS of the June 15-Septembagreement, the month of termination would be charged at the full Fixed F15th of the month preceding the month of termination plus any accrued

accrued variable expenses.


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14

3.1.6 Performance Guarantees

Performance Penalties: Twenty percent (20%) of the fixed fee will be tied to the performance of the Generation plant. Five percent (5%) is based upon 5 units operating to a 98% availability when dispatched, Ten percent (10%) based upon the 5 units operating during the 5 CP hours as defined by PJM and the 5 CP hours as defined by ComEd below a baseline output of 25.5 MW as measured as plant net output at the meters before the step-up transformers, and Five percent (5%) based upon the 5 units operating during the 1 CP hour as defined by PJM below a baseline output of 25.5 MW as measured as plant net output at the meters before the step-up transformers. If an output less than 25.5 MW is measured, CPGS will pay an assessment based on the calculation sheet as attached hereto as Exhibit C.

Performance Bonuses: Twenty percent (20%) of the fixed fee will be tied to the performance of the Generation plant. Five percent (5%) is based upon 5 units operating to a 98% availability when dispatched, Ten percent (10%) based upon the 5 units operating during the 5 CP hours as defined by PJM and the 5 CP hours as defined by ComEd above a baseline output of 27.3 MW as measured as plant net output at the meters before the step-up transformers, and Five percent (5%) based upon the 5 units operating during the 1 CP hour as defined by PJM above a baseline output of 27.3 MW as measured as plant net output at the meters before the step-up transformers. If an output greater than 27.3 MW is measured, CPGS will receive a bonus based on the calculation sheet as attached hereto as Exhibit C. With regards to the 5 CP and 1 CP calculations, if the outputs measuredequal to 25.5 MW and less than or equal to 27.3 MW, than no penaltiesapplica

are greater than or or bonuses will be

ble.

G

ance activities as ary to efficiently and safely

tion facility will be quoted outside the

ate estimated to be

hours per year. Total d.

ided here are based upon the scope as it is rs unless otherwise noted. Any scope changes

ee of $35,800 (“Fixed Fee”) will be charged during the e operation iod. This fee is fixed except for annual adjustments based

on the US Bureau of Labor Statistics Index. The annual adjustment will not exceed 3% for any given year during the term of this Agreement. For additional days outside the defined peak operating times, a prorated daily rate will be applied. The estimated daily fee will be $1250. Additional days outside the peak operating times will be mutually agreed upon prior to execution

4 PRICIN

CPGS will supply personnel and provide normal operations and maintendefined. Major repairs / overhauls, and replacement parts necessperform the maintenance of the Geneva Generaagreement to the City of Geneva on a time and material basis.

The term of the agreement is three (3) years, starting from the Effective DMay 15, 2012.

Individual engine running hours are assumed to be not greater than 200running hours are projected to be less than 3,000 with all engines combine (NOTE: The program schedule and pricing provdefined in this Offer and are shown in 2012 dollamay be subject to pricing revision.) A monthly fee will be charged as outlined below: Fixed Fee: each month a flat base fthre (3) month peak per


CPGS CMS


15

between the City of Geneva Superintendent of Electrical Services and the CPGS Contract Services Manager. Variable Fees: In the event CPGS employees are required to work hours beyond 8/day and 40/week, such work will be charged at $120/hour. Travel expenses will be billed per the agreed

tions $120/night

ceed $4000 during the term of Agreement.

liza on F e: A ation fee will not be charged unless an interruption in the period of ng is requ va. Should an n in rvic .1.5 above will apply.

upon values below and not subject to exchange rate adjustment. AccommodaPer diem $68/day Rental Car $50/day Airline Flights At cost, but not to ex Mobi ti e mobilizplant s ffi ested byta and for the convenience of the City of Geneinterruptio se e be requested, the fee schedule outlined in Article 3

ALL OFFERS ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE CPGS CONTRACT MANAGEMENT SERVICES AGREEMENT.

EXHIBIT B

CATERPILLAR POWER GENERATION SYSTEMS L.L.C

General Terms and Conditions for Sale for Operations and Maintenance Service Labor 1. OFFER AND DEFINITIONS. These terms and conditions (“Terms and Conditions”) apply only to the provision of Operations and Maintenance Services (as defined below). Caterpillar Power Generation Systems L.L.C. (“CPGS”) offers to provide to its valued customer (“Customer”) one or more of the Operations and Maintenance Services defined below, as specified in CPGS’s price quotation and/or proposal document (“Offer”), which accompanies and/or references these Terms and Conditions.

“Operations and Maintenance Services” means operations and maintenance service labor, including without limitation all operations, inspection, maintenance, emergency call-outs, troubleshooting, commissioning/installation of products and all service calls associated with service agreements such as, Extended Service Agreements, Expanded Warranties and any other contract activity on the Customer’s site. The term Operations and Maintenance Services includes the provision of labor only and does not include the provision of any equipment, parts, fluids or other goods (collectively, “Goods”) that CPGS may advise Customer are required further to or in connection with the Operations and Maintenance Services. Any such Goods shall be ordered by Customer pursuant a separate purchase order for such Goods placed by Customer on CPGS (“Separate PO”) or by Customer on a Caterpillar authorized dealer, and paid for at the prices quoted by CPGS, or such dealer, as the case may be, in effect at the time of such purchase order. In the event CPGS provides to Customer any Goods under a Separate PO, these Terms and Conditions shall apply to the sale of such Goods. 2. ACCEPTANCE, ORDER AND ENTIRE AGREEMENT 2.1 Acceptance and Order. Unless otherwise specifically stated in the Offer, these Terms and Conditions establish the rights and obligations of the CPGS and Customer that apply to the Offer and any resulting Customer’s purchase order document or agreement between CPGS and Customer providing for Customer’s acceptance of the Offer (“Customer’s Acceptance”). The issuance of Customer’s Acceptance against the Offer, shall together with the Offer and these Terms and Conditions constitute an acceptance of the Offer and not a counteroffer, and together with these Terms and Conditions shall create a contract of sale (“Order”). Customer’s acceptance of the Offer is expressly limited to the terms and conditions of the Offer and these Terms and Conditions and is subject to CPGS’s final credit approval of Customer and an acknowledgment by CPGS. Any provision contained in Customer’s purchase order document that alters the provisions of the Offer and/or these Terms and Conditions shall not be part of the Order unless specifically agreed to by CPGS in the Order. In the event of any conflict between these Terms and Conditions and the Offer, these Terms and Conditions shall control unless otherwise provided in the Order. 2.2 Entire Agreement. The Order shall constitute the entire agreement between the parties defining the scope and the manner in which the Order will be performed, and all prior written and oral agreements and undertakings regarding the Operations and Maintenance Services are superseded by the Order. Neither Customer nor CPGS shall be deemed to have made any representations or warranties, express or implied, regarding the Operations and Maintenance Services except as specifically set forth in the Order. 3. PRICES AND PAYMENT 3.1 Prices. Unless otherwise stated in the Offer, all prices are stated in United States Dollars and are valid for a period of sixty (60) days from the date of the Offer. Prices do not include any taxes, duties or fees of any kind. At CPGS’s discretion, Customer shall pay such taxes, duties or fees directly to CPGS, or Customer shall provide CPGS with satisfactory evidence of Customer’s payment thereof or valid exemption certificates; however, CPGS shall have no obligation to ensure that Customer has paid all necessary taxes, duties or fees. In the event CPGS provides to Customer any Goods under a Separate PO , all prices for such Goods are based on delivery “Ex Works” (as defined in Incoterms 2000) CPGS’s facility and do not include any charges for special services such as long term preservation, special packaging, insurance, shipping, brokerage fees, marine survey, load out and tie down, site installation, equipment start-up, or similar services.

Caterpillar: Confidential Yellow Page 1 of 3

3.2 Payment. CPGS’s invoice(s) shall be issued in accordance with the Offer, or if not set forth therein, then upon completion of the Operations and

Maintenance Services. Invoices shall be due and payable NET thirty (30) days from the date of invoice without regard to inspection or transportation delays. Unless otherwise specified in the Order all payments shall be made in U.S. dollars. Invoices sixty (60) days past due from the date of invoice shall be subject to interest accruing from the date the invoice was due at the lower of the maximum lawful rate or one percent (1%) per month. Any collection costs are to the account of Customer.

Customer and CPGS may establish an open credit line. For Orders which exceed such credit line or where credit is not in place, Customer will provide CPGS an irrevocable letter of credit negotiable at sight, drawn on a bank acceptable to CPGS.

Customer’s failure to pay invoices when due, or Customer’s failure to present CPGS with an acceptable letter of credit upon request shall be deemed to be a material default by Customer, and CPGS may elect to: (a) discontinue performance of the Order, and/or (b) terminate the Order, in which case cancellation fees determined in accordance with Article 9 shall be due CPGS, and/or (c) pursue any other remedy available to CPGS.

CPGS retains all applicable security interests in all parts and serviced products identified to or delivered under the Order until payment of the total Order price is received. For example, in the provision of Operations and Maintenance Services, Customer agrees that CPGS retains a mechanics lien and all other applicable security interests in the serviced equipment until full payment has been received by CPGS. Customer shall execute and deliver all instruments that CPGS deems necessary to protect such security interests. 4. TITLE AND DELIVERY. In the event CPGS provides to Customer any Goods under a Separate PO, title and risk of loss to all Goods provided under the Separate PO shall pass to Customer upon CPGS’s delivery of such Goods Ex Works CPGS’s facility, subject to any security interest retained by CPGS. Freight or shipping obligations that are inconsistent with the delivery term “Ex Works” shall have no bearing on the passage of title or risk of loss. CPGS warrants that its transfer of ownership of such Goods is rightful and free from any security interest, lien or encumbrance of third parties.

Unless otherwise stated in the Order, Customer is responsible for delivery of all required Goods and Customer’s equipment/assemblies upon which Operations and Maintenance Services will be performed, to CPGS’s facilities as well for the collection and shipment therefrom. CPGS will perform the Separate PO as contracted for and notify the Customer or Customer’s agent when Goods are ready for shipment.

All parts or items removed and replaced by CPGS during Operations and Maintenance Services shall become the property of CPGS unless otherwise specified in advance in writing. If Customer so specifies, any associated costs are to Customer’s account.

Customer will notify CPGS at time of Separate PO placement if transportation will be via air, surface or sea. CPGS’s packing for shipping purposes will be appropriate for the type of transportation to be utilized. Any claims against CPGS for damages or shortages of any Goods provided must be filed with CPGS within thirty (30) days after receipt of such Goods or shipper’s notice of loss, whichever shall occur first, and must be accompanied by CPGS’s shipping documentation and full particulars of any such claim. 5. RESPONSIBILITY FOR EXPORT. Customer assumes full responsibility for all applicable laws relating to the exportation and importation of any Goods provided under a Separate PO. Such Goods shall not be exported or transshipped contrary to the laws of the United States. CPGS shall comply with reasonable requests for information about such Goods that may assist with their exportation, transshipment or importation. If Customer exports such Goods, all rights to drawbacks of custom duties paid by CPGS with respect thereto (or material or components thereof) belong to and shall remain with CPGS unless such drawbacks were included in the Separate PO price paid by the Customer, in which event CPGS shall assign such drawbacks to the Customer. 6. WARRANTY 6.1 Warranty. CPGS warrants that the Operations and Maintenance Services provided by CPGS under the Order will be performed in a


workmanlike manner. This warranty is subject to Article 6.3 and shall apply only to claims made during the applicable warranty period as determined in accordance with Article 6.2. 6.2 Period of Warranty. The applicable warranty period is thirty (30) days from the date the applicable Operations and Maintenance Services were furnished. 6.3 Terms of Warranty. All claims for defective Operations and Maintenance Services under this warranty must be made in writing immediately upon discovery but in any event within thirty (30) days from the furnishing thereof. Upon submission and substantiation of a claim, CPGS shall, at its option, either: (a) correct the defective services; or (b) refund an equitable portion of the price of the Operations and Maintenance Services. THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS AND LIABILITIES WHATSOEVER, EXPRESSED, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. SUSPENSION OF ORDER OR DELAY IN DELIVERY. Customer’s request for a suspension of any Order or for a delay in performance are subject to CPGS’s written agreement and scheduling constraints. Such suspensions or delays may result in adjustments to prices, payments and delivery schedules. If a suspension is more than sixty (60) days in duration, Customer agrees to pay CPGS within ten (10) days of an invoice therefor, pro rata, for the portion of the Order completed. In the event that CPGS’s performance has proceeded to the point that CPGS deems it cannot reasonably reschedule completion, or the request for suspension is received less than sixty (60) days prior to scheduled delivery or completion of performance, the Order shall be completed and invoiced. 8. OPERATIONS AND MAINTENANCE SERVICES AND OTHER ON SITE ACTIVITY. 8.1 Customer Assistance. Customer shall provide free of charge such assistance as CPGS may reasonably require to facilitate timely completion of the Order or any portion thereof. If CPGS is unable to perform through no fault of its own or as a result of Customer’s failure to cooperate or provide assistance to CPGS, CPGS shall be excused from performance. In such event, CPGS may, at its option, terminate the Order or continue to perform to the extent possible, and shall be entitled to an equitable adjustment in the Order price and/or schedule. Customer assistance shall include, but shall not be limited to, the following:

i. Customer shall provide reasonable security and protection for all persons, property and equipment employed or used by CPGS in the performance of the Order.

ii. Customer shall make available to CPGS free of charge the use of any required tooling, training and test equipment as may be customary for Customer to supply in performance of the Order, and any required transport, lifting equipment and utilities, including without limitation electrical power, compressed air and water.

iii. Customer shall assist CPGS in obtaining access to roads, staging areas, dock space, loading or unloading facilities, plant or production or training facilities and the like that are reasonably necessary or helpful for the performance of the Order.

iv. Customer shall provide CPGS with fuels and lubricants in sufficient quantity and quality to meet the requirements of the Order.

v. Customer shall assist CPGS in obtaining any necessary permits, licenses, or authorizations required to complete the Order.

vi. In the event CPGS’s employees, subcontractors, agents, or other representatives are to perform any portion of the Order at a remote site or in offshore waters, as determined by CPGS, Customer shall provide: (a) transportation for such persons from an agreed staging point to and from the site; (b) messing, housing, sanitation facilities, and emergency medical care; and (c) transportation and special handling equipment necessary to move CPGS’s goods, tools, and equipment from an agreed staging point to and from the site.

vii. Where necessary, Customer shall provide assistance to facilitate entry into, movement within or exit from any country where performance is to be rendered including: (a) assistance to CPGS’s employees, subcontractors, agents, or other representatives to obtain necessary residence and work permits; and (b) obtaining import or export documents and clearances for CPGS’s tooling and test equipment, required to complete the Order.

8.2 Customer’s Acknowledgment. WITH RESPECT TO ALL OPERATIONS AND MAINTENANCE SERVICES, CUSTOMER ACKNOWLEDGES THAT CPGS IN RENDERING ANY OPERATIONS AND MAINTENANCE SERVICES DOES SO UNDER THE INSTRUCTIONS OF THE CUSTOMER AND THAT CUSTOMER IS, AT ALL TIMES, IN COMPLETE CARE, CUSTODY AND CONTROL OF ALL MACHINERY, EQUIPMENT AND ADJACENT PREMISES.

9. TERMINATION OR CANCELLATION. An Order for Operations and Maintenance Services may be canceled by Customer at any time without charge prior to the start of work. Orders canceled after the beginning of work shall be subject to cancellation charges based on CPGS’s determination of the value of the time, materials and associated expenses incurred in performance of the Order plus the price for any specially procured or fabricated items not typically stocked by CPGS. Parts actually installed in Customer’s equipment and/or parts not returnable to CPGS’s inventory for sale to third parties shall be charged to Customer’s account at the applicable Order price. 10. RIGHTS TO DRAWINGS AND DATA/INTELLECTUAL PROPERTY. CPGS may, in the course of its performance of the Order, disclose technical information, training, documentation, drawings, computer programs, computer data files and the like (collectively, “Information”) to Customer. All such Information is confidential or proprietary and Customer agrees: (a) to hold such Information in confidence and not to disclose it to third parties; (b) not to use the Information for any purpose other than that for which it was provided; (c) not to copy the Information (additional copies may be purchased); (d) to protect the Information from unauthorized access, use and disclosure allowing only those of Customer’s employees who have a need to know the Information access thereto. Customer understands and agrees that upon termination of the Order, CPGS may terminate Customer's right to use the Information and require the destruction of, or require the return of the Information and other materials (including translations) embodying the Information.

Engineering designs, data, and other such information specifically prepared for Customer and identified under the Order are provided to Customer pursuant to a nonexclusive, paid up, perpetual license for use only with the serviced products. Such license rights shall be deemed transferred fully to successors who acquire the serviced products, at which time the Customer’s license will expire. 11. TESTS/INSPECTIONS. CPGS’s normal tests and inspections of the serviced products, and any special tests expressly set forth in the Order are open to Customer’s observation and in a manner agreeable to CPGS, subject to CPGS’s standard security procedures. Special tests and inspections that are outside the scope of the Order may be requested by Customer in writing and may be arranged, subject to CPGS’s reasonable discretion and scheduling constraints. In such cases, CPGS shall add a reasonable adjustment to the Order price that reflects the added price for such special tests and inspections. 12. INSURANCE. CPGS shall provide, pay for, and maintain in full force and effect during all periods of performance of the underlying Order, its “standard insurance” consisting of WORKERS’ COMPENSATION (at the statutory amount), EMPLOYER’S LIABILITY (in the amount of $1,000,000), COMMERCIAL GENERAL LIABILITY (in the amount of $1,000,000), and AUTOMOBILE LIABILITY (in the amount of $1,000,000). 13. MISCELLANEOUS. 13.1 Independent Contractor. At all times while performing the Order, CPGS shall be deemed to be an INDEPENDENT CONTRACTOR and not an employee or agent of Customer. Customer’s employees, agents, or subcontractors assigned to assist CPGS may receive temporary instructions or technical directions or the like from CPGS, but shall at all times be considered the employees, agents, or subcontractors of Customer and not of CPGS. 13.2 Limit of Liability. Neither Customer nor CPGS or their affiliates, subcontractors, agents and/or employees shall be liable for any incidental or consequential damages, including without limitation, loss of products, loss of profit (other than amounts due under the Order), loss of use, losses resulting from or related to the Operations and Maintenance Services, downtime, fuel efficiency or other performance of any equipment operated or maintained by CPGS pursuant to the Order, or the cost of replacement power or compression, howsoever caused, and whether based on warranty, contract, tort (including negligence), strict liability or otherwise. The liability of CPGS, its affiliates, subcontractors, agents and employees arising out of the performance or nonperformance of its obligations in the rendition of Operations and Maintenance Services in connection with this Order, whether based on warranty, contract, tort, (including negligence), strict liability or otherwise shall not exceed in the aggregate a sum equal to the Order price. Customer shall not institute any suit or action regarding the Order against CPGS or any of CPGS's subsidiaries, agents or employees unless filed within one (1) year of the event giving rise to the claim. The limitations of liability set forth in this Article 13.2 shall prevail over any conflicting or inconsistent provisions contained in any documents comprising the Order. 13.3 Force Majeure. CPGS shall not be liable for any delay in performance, any nonperformance, or any other deviation in performance of CPGS's obligations, nor for any loss or damage to the serviced products hereunder, when occasioned directly or indirectly by any cause or causes beyond the reasonable control of CPGS or its subcontractors or suppliers, including, but not limited to, acts of God; acts of criminals or public enemy; war; riot; official


or unofficial acts, orders, regulations or restrictions of any foreign or domestic government or agency thereof; acts of Customer or its employees or representatives; strikes or labor difficulties involving employees of CPGS or any other party; failure, shortage or delay in CPGS's usual sources of labor or material supply. CPGS shall have a reasonable extension of the time for performance when delayed by any such cause. 13.4 Assignment and Modifications. CPGS shall have the right to assign any rights or obligations under the Order to any of its affiliated or subsidiary companies. Any assignment of Customer's rights or obligations under the Order shall be null and void without CPGS's prior written consent. Modifications or changes to the Order must be in writing, signed by Customer and CPGS. 13.5 Disputes/Applicable Law. Customer and CPGS shall use their best efforts to resolve any dispute or claim that may arise under the Order in an amicable manner. In the event CPGS is in breach of or noncompliance with any of the provisions of the Order, Customer shall notify CPGS in writing and CPGS shall take reasonable measures to remedy such breach or noncompliance within thirty (30) days after receipt of notice. In the event any dispute cannot be resolved between the parties, either party shall be entitled to seek such remedies as may be available to it either at law or in equity. Should any provision of the Order be declared invalid, such declaration shall not invalidate or void the remaining provisions of the Order. The Order shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, United States of America, without reference to its conflicts of law rules. Venue of any judicial action shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois for any state court action or the U.S. District Court, Northern District of Illinois, Eastern Division, in the City of Chicago, Cook County, Illinois for any federal court action. +

City of Geneva

Flat Fee $107,400

Guarantee = 98.00%

Organization Date of Deviation Dispatched Operating % Available Deviation from % of Fee $ of Fee AdjustmentFrom 100% Unit hrs Unit hrs Guarantee

June #DIV/0!July #DIV/0!

August #DIV/0!September 0.00%

Total 0 0 #DIV/0! #DIV/0! 5% $5,370 #DIV/0!

Guarantee >= 25.5 27.3Adjustment below 25.5 MW and above 27.3 MW

Date of 5 CP Measurement EST GGF Output % of Guaranteed Deviation from % of Fee $ of Fee Adjustmentat Time Output Guarantee

PJM 0.00% -100.0%

PJM 0.00% -100.0%

PJM 0.00% -100.0%

PJM 0.00% -100.0%

PJM 0.00% -100.0%

ComEd 0.00% -100.0%

ComEd 0.00% -100.0%

ComEd 0.00% -100.0%

ComEd 0.00% -100.0%

ComEd 0.00% -100.0%

Average 0.000 0.00% -100.0% 10% $10,740 -$10,740.00

Guarantee >= 25.5 27.3Adjustment below 25.5 MW and above 27.3 MW

1 CP Adjustment - PJM

Performance

Performance

Dispatch Availability Adjustment

Performance

Exhibit C2012

Caterpillar Perfomance Adjustment Calculations

5 CP Adjustment - PJM and ComEd

Exhibit C - Guarantee Calculation Sheet-RevA 2012 Performance4/3/2012 11:48 AM

Date of 1 CP Measurement EST GGF Output % of Guaranteed Deviation from % of Fee $ of Fee Adjustmentat Time Output Guarantee

PJM 0.00% -100.00% 5% $5,370 -$5,370.00

End of Year Adjustment #DIV/0!

Adjusted Fixed Fee #DIV/0!

Performance

Exhibit C - Guarantee Calculation Sheet-RevA 2012 Performance4/3/2012 11:48 AM


Agenda Item: Geneva Eye Clinic—Certificate of Acceptance Resolution

Presenter & Title: Dan Dinges, Director of Public Works



Estimated Cost: N/A Budgeted? YES NO

If NO, please explain how the item will be funded: Executive Summary: All work for this development related to the storm sewer, detention facility, and site grading has been completed and accepted. Attachments: (please list) • Certificate of Acceptance Resolution Recommendation / Suggested Action: (briefly explain) Staff recommends that the City Council approve the Certificate of Acceptance Resolution for the work noted in the resolution.

CITY OF GENEVA CERTIFICATE OF ACCEPTANCE

RESOLUTION

Whereas, Geneva Eye Clinic, Ltd , Developer of Geneva Eye Building has entered into a contract for the construction of specific utilities, and Whereas, Campton Excavating , the Contractor, has completed the following construction and a Certificate of Completion has been issued (see reverse side): a. Storm Sewer System Certificate of Completion issued 10-04-10 b. Detention Facility Certificate of Completion issued 10-04-10 c. Site Grading Certificate of Completion issued 10-04-10 d. Certificate of Completion issued e. Certificate of Completion issued f. Certificate of Completion issued and, Whereas the normal or specified period of maintenance and liability of the Contractor expired on October 4, 2011 as heretofore agreed, and Whereas the above listed construction has been inspected by Spaceco, Inc. , the engineer for the developer, and the engineer and / or representative for the City of Geneva, and found to be acceptable. Now, Therefore, Be It Resolved by the City Council of the City of Geneva, Illinois, that said construction is accepted by the City of Geneva as of the dated of passage of this Resolution. Passed this 16th day of April, 2012 Attest: City Clerk Mayor


Agenda Item: 2012 CIPP Sanitary Sewer Lining

Presenter & Title: Bob VanGyseghem, Water and Sewer Superintendent Pam Broviak, City Engineer/Assistant Director of Public Works


Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting x City Council Meeting Special City Council Meeting Public Hearing Other -

Estimated Cost: $53,286.00 Budgeted? FY 2012-13 YES NO

If NO, please explain how the item will be funded: Executive Summary: This project involves Cured-In-Place-Pipe (C.I.P.P.) lining of 2 sanitary sewers runs as shown on the attached map. On April 3, 2012, bids were opened for the above improvements. The low bid submitted by Visu-Sewer of Illinois, LLC, of $53,286.00 is $9,424.00 below the Approved Engineer’s Estimate of $62,710.00. This Contractor has successfully performed similar work for the city of Geneva in the past. Attachments: (please list)

• Pro Forma Resolution for 2012 CIPP Sanitary Sewer Lining Project Award • Bid Tabulation • Project Map

Recommendation / Suggested Action: (briefly explain) Respectively recommend that the Geneva City Council award the contract for the 2012 CIPP Sanitary Sewer Lining to Visu-Sewer of Illinois, LLC in the amount of $53,286.00 at the April 16, 2012 City Council Meeting.

RESOLUTION NO. 2012_-__

RESOLUTION AUTHORIZING EXECUTION OF Construction Contract with Visu-Sewer of Illinois, LLC, for the 2012 CIPP Sanitary Sewer

Lining Project Award



SECTION 1: That the Mayor and City Clerk are hereby authorized to execute, on behalf of

the City of Geneva, a Construction Contract with Visu-Sewer of Illinois, LLC, in the form attached

hereto as Exhibit “A”, relating to the relating to the 2012 CIPP Sanitary Sewer Lining Project.




_________, 2012




City of GenevaBid Tabulation Low Bidder: Visu-Sewer of Illinois, LLC

2012 CIPP Sanitary Sewer LiningBid Opening: April 3, 2012 at 11:00 am Low Bid Amount: 53,286.00$

Insituform Technologies USAMichels Corporation Pipevision Products Inc Visu-Sewer of Illinois, LLC301 W. Grand Lake Blvd. 17988 Edison Ave. P.O. Box 1546West Chicago, IL 60185 Chesterfield, MO 63005 Brownsville, WI LaSalle, IL Bridgeview, IL 60455

Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

SP-23 8" C.I.P.P. SANITARY SEWER LINING LF 1,706$35.00 59,710.00$ 36.00$ 61,416.00$ 32.60$ 55,615.60$ 39.00$ 66,534.00$ 32.00$ 54,592.00$ 31.00$ 52,886.00$

SP-24 BY-PASS PUMPING LS 1$2,000.00 2,000.00$ 500.00$ 500.00$ 1,200.00$ 1,200.00$ 525.00$ 525.00$ 1,500.00$ 1,500.00$ 150.00$ 150.00$

SP-25 GRASS RESORATION LS 1$500.00 500.00$ 500.00$ 500.00$ 1.00$ 1.00$ 550.00$ 550.00$ 3,000.00$ 3,000.00$ 100.00$ 100.00$

SP-26 TRAFFIC CONTROL AND PROTECTIO LS 1$500.00 500.00$ 500.00$ 500.00$ 1,650.00$ 1,650.00$ 4,325.00$ 4,325.00$ 1,500.00$ 1,500.00$ 150.00$ 150.00$

TOTAL = 62,710.00$ 62,916.00$ 58,466.60$ 71,934.00$ 60,592.00$ 53,286.00$

ITEM NO.

American Pipe Liners817 W. Main St.

LOW BIDDER

9014 S. Thomas Ave.Engineer's EstimateQUANTITYUNITDESCRIPTION

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Rim to InvS: 12'

Rim to InvN: 13'

Rim to InvN & S: 13'

Rim to InvN & S: 13.5'

Rim to InvN & S: 12'

396'

394'

193'

344'

Rim to InvS: 9'

Rim to InvN: 9.5'

379'

8"8"

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8"

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Burg

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Scott Blvd

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Sherman Ave

Williamsburg Ave

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2012 C. I. P. P.SANITARY SEWER LINING City of Geneva, Illinois

Engineering DivisionH.L. - February 2012

GENERATED BY:

Original base maps provided via intergovernmental agreement with Kane County GIS- Technologies. Reproduction without perimssion from the City of Geneva is forbidden.Information shown on this map is schematic in nature and accuracy is not guaranteed. It is the responsibility of the user to field verify all information shown. The data is subject to change without notice.

N 1 inch = 200 feet


Agenda Item: Amending Water and Sewer Rate Ordinance

Presenter & Title: Dan Dinges, Director of Public Works. Bob Van Gyseghem, Superintendent of Water and Wastewater.

Date: 4/4/12

Please Check Appropriate Box: x Committee of the Whole Meeting Special Committee of the Whole Meeting City Council Meeting Special City Council Meeting Public Hearing Other -

Estimated Cost: NA Budgeted? YES NO

If NO, please explain how the item will be funded: Executive Summary:

Water and Sewer Rate Development Study Alternative D2 was approved by the City Council on May 3, 2010. Alternative D2 called for equal percentage increases in FY 10-11, FY 11-12, & FY 12-13. FY 10-11 & FY 11-12 were approved. FY 12-13 is now in

Ordinance form and approval is needed to apply the adjusted rates to the customers of the City of Geneva. This rate adjustment will bridge the gap until the 2012 Water and Sewer

Rate Study is completed at which time adjustments to the rates may be made. The FY 2012-13 Water and Sewer Budget reflect expected revenues generated by this proposed

rate increase. Attachments: (please list)

• Ordinance 2012-XX • Rate Trial D2 Summary Water Rates • Rate Trial D2 Summary Sewer Rates

Recommendation / Suggested Action: (briefly explain) City Staff recommends that the Geneva Committee of the Whole consider approval of

Ordinance 2012-XX AN ORDINANCE AMENDING TITLE 9 [WATER AND SEWERS],CHAPTER 2, ARTICLE A [SERVICE RATES AND CHARGES]

OF THE GENEVA CITY CODE and approve this ordinance at the April 16, 2012 City Council Meeting.

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ORDINANCE NO. 2012-XX

AN ORDINANCE AMENDING TITLE 9 [WATER AND SEWERS], CHAPTER 2, ARTICLE A [SERVICE RATES AND CHARGES]

OF THE GENEVA CITY CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS, as follows: SECTION 1: That Section 9-2A-3 (Waterworks Usage Rates and Service Charges) of the Geneva City Code, be and the same is hereby amended by deleting and rescinding said Section 9-2A-3 and substituting the following words and figures therefore, instanter: Sec. 9-2A-3. Waterworks Usage Rates and Service Charges. Meter Rates: (a) The meter rates, monthly, for water furnished to customers of the city shall be as follows, per one hundred (100) cubic feet effective for billings after May 1, 2012 shall be as follows: (1) For 0 to 1,500 cubic feet: $4.05 per 100 cubic feet. (2) For 1,501 to 20,000 cubic feet: $3.74 per 100 cubic feet. (3) For 20,001 and more cubic feet: $3.62 per 100 cubic feet.

The aforesaid rates shall apply to monthly periods and the charge shall be based upon meter readings (or reasonable estimates thereof) at the end of each period; provided, however, that in addition to the meter rates set forth above, a monthly customer service charge, effective for billings after May 1, 2012, shall be charged to all customers based upon the meter size servicing said customer, per month, as set forth below:

5/8” meter ---------------------------------------------- $ 1.37 ¾” meter ---------------------------------------------- $ 1.43 1” meter ---------------------------------------------- $ 1.60 1 1/2” meter ---------------------------------------------- $ 1.83 2” meter ---------------------------------------------- $ 2.47 3” meter ---------------------------------------------- $ 7.17 4” meter ---------------------------------------------- $ 8.91 6” meter ---------------------------------------------- $12.97

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SECTION 2: That Section 9-2-1 (Definitons) of the Geneva City Code, be and the same is hereby amended by adding the following words and figures therefore, instanter: “Sec. 9-2-1: “Industrial Pretreatment Service Charge: The costs associated with operating the U.S. Environmental Protection Agency’s regulations for Industrial Pretreatment monitoring programs.” SECTION 3: That Section 9-2A-4A (Sanitary Sewer Usage Rates and Service Charges) of the Geneva City Code, be and the same is hereby amended by deleting and rescinding said Section 9-2A-4A and substituting the following words and figures therefore, instanter: “Sec. 9-2A-4A. There are hereby established the following monthly rates for the use and service of the sewerage system of the city:

1. Basic User Charge: There is established a basic user charge to be applied to all customers to recover operations, maintenance and replacement costs based on metered water use, per year, as follows: Nonindustrial user class: $ 1.56 per 100 cubic feet Industrial user class: $ 2.77 per 100 cubic feet

2. Debt Service Charge: There shall be and there is hereby established a debt service

charge of sixty-seven cents ($0.67) per one hundred (100) cubic feet of metered water consumption, per month, to be applied to each user of the wastewater treatment facility.

3. Service Charge: In addition to the monthly rates for the use and service of the sewerage system of the city, as set forth above, all customers shall be charged a fixed monthly service charge of One Dollar Thirty-Five cents ($1.35).

4. Industrial Pretreatment Service Charge: There shall be and there is hereby

established a service charge of One Dollar and Twenty-One cents ($1.21) per one hundred (100) cubic feet of metered water consumption, per month, to be applied to the Industrial Class user of the wastewater treatment facility.”

SECTION 4: That said Title 9, as heretofore and hereinabove amended shall otherwise remain in full force and effect. SECTION 5: This Ordinance shall become effective from and after its passage as in accordance with law. Publication of this Ordinance is approved to be in pamphlet form. PASSED by the City Council of the City of Geneva, Kane County, Illinois, this 16th day of April, 2012.

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AYES: _______ NAYS: _________ ABSTAINING: ________ HOLDING OFFICE: 10 APPROVED by me as Mayor of the City of Geneva, Kane County, Illinois, this 16th day of April, 2012. ___________________________________ MAYOR ATTEST: ____________________________ City Clerk

COMMITTEE OF THE WHOLE Monday, April 9, 2012 7:00 p.m. 109 ... · Presentation on Geneva Generation...

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