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Packet - 08/02/2021 - City Council
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. AGENDA REGULAR CITY COUNCIL MEETING Monday, August 2, 2021, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/94718007315 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: 5. Consent Agenda. Motion to Approve the following Consent Agenda Items: A. Award a contract in the amount of $95,000.00 to HR Green, Inc. for Professional Engineering Services for the McHenry City Wide Water and Sewer Model Updates; (Public Works Director Strange) B. Approve the use of Petersen Park and waiver of park use and sign permit fees, for the Wonder Lake Ski Show Team Annual Haunted Hayride, to be held on October 15, 16, 22 and 23, 2021 from 7:00pm until 10:30pm each date; (Parks and Recreation Director Hobson) C. Approve an onstage pyrotechnic display permit in conjunction with The R.I.S.E. McHenry Foundation “Spash Into Country” event being held on Saturday, September 25, 2021; (Parks and Recreation Director Hobson) D. Block party request for Donovan Court on August 14, 2021 from 2:00pm until midnight; and the Oaks of Irish Prairie on August 7, 2021 from 3:00pm until 10:00pm (Deputy City C lerk Johnson) E. Parks & Recreation Facilities & Special Use permit requests; (Parks & Recreation Director Hobson) F. July 19, 2021 City Council Meeting Minutes G. Issuance of Checks in the amount of $279,892.61 6. Individual Action Item Agenda. A. Motion to approve the transfer of a Class A Liquor License from Chen’s Jackpot Café, Inc. to Annie’s McHenry LLC, located at 4117 W. Shamrock Lane. (Mayor Jett, Deputy City Clerk Johnson) B. Subject to the approval of Agenda Item 6A, motion to approve a Video Gaming License to Annie’s McHenry LLC, located at 4117 W. Shamrock Lane. (Deputy City Clerk Johnson) 1 C. Motion to approve an amendment to the FY21/22 Information Technology Fund Budget in the amount of $81,762; and, authorize the execution of an agreement for cybersecurity upgrade software and services with ThinkGard LLC in the amount of $98,862. 7. Discussion Items. 8. Executive Session. 9. Staff Reports. A. August 2, 2021 Staff Report Provided. 10. Mayor’s Report. 11. City Council Comments. 12. Adjourn. The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. 2 Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: August 2, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: Water Sewer Model Update, Engineering Services Contract ATT: City of McHenry Engineering Contract Document for Execution HR Green, Inc. Scope and Fee Proposal ______________________________________________________________________________ AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a contract to HR Green, Inc. for Professional Engineering Services for the McHenry City Wide Water and Sewer Model Updates . BACKGROUND: The Fiscal Year 2021/22 Capital Improvement Program includes $150,000 in Water and Sewer Capital Development Funds for an update to the City of McHenry Water and Sewer Models. These models utilize coordinate data and sizing of pipe networks for the existing system in order to run flow scenarios to analyze the performance of the systems and make determinations regarding future improvements. These models also can test future usage and demand scenarios based upon current zoning and projected growth. Data generated from runni ng the models under these future scenarios allows staff to make recommendations for future capital projects to accommodate growth and to make determinations regarding what improvements need to be made for the system to be able to handle development in real time. The most recent update to both the water model and the sewer model was in 2007. Since this time, there have been a number of large properties which have changed zoning or use and the original projections from these models now have to be adjusted based upon current use and zoning. Therefore, staff is recommending that the models be rebuilt and adjusted to current conditions. Another deliverable for the project will be to take performance and capacity data for each segment of the distribution and collection systems and make that data available in the City’s Geographic Information System (GIS) database. Because the existing models are still being maintained by HR Green , staff has selected HR Green to perform the model update rather than rebuild ne w models with another firm. The project is 3 anticipated to kick off later this summer with the final model updates, executive summary, and GIS database updates completed by December of this year. ANALYSIS: Staff has solicited a proposal and negotiated the proposed scope and fee with the selected consultant based upon project requirements, budget, and schedule. HR Green is proposing scope and fee of $95,000 which includes model updates based upon updated zoning and land use, data collection for fire flow testing, lift station drawdown testing, running the model under several future development scenarios, and providing GIS data for available capacities. Staff has reviewed the scope and fee and has found the proposed scope and fee to be acceptable. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award a contract in the amount of $95,000.00 to HR Green, Inc. for Professional Engineering Services for the McHenry City Wide Water and Sewer Model Updates. 4 City of McHenry Professional Services Contract Revised 5/22/17 Professional Services Contract Between The City Of McHenry And HR GREEN, INC. For ENGINEERING Services For CITY-WIDE WATER AND SEWER MODEL UPDATES 5 City of McHenry Professional Services Contract Revised 5/22/17 Professional Services Contract Between The City of McHenry And HR Green, Inc. For Professional Engineering Services For City Wide Water and Sewer Model Updates TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES ........................................................................................................ 1 1.1 Intent ........................................................................................................................ 1 1.2 Services .................................................................................................................... 1 1.3 Project Time ............................................................................................................ 1 1.4 Term; Extensions ..................................................................................................... 1 1.5 Other Contracts ........................................................................................................ 1 1.6 Responsibility of Consultant to Perform ................................................................. 1 1.7 Financial Ability to Perform. ................................................................................... 2 ARTICLE 2. COMPENSATION AND PAYMENT ...................................................................... 2 2.1 Pricing Schedule ...................................................................................................... 2 2.2 Monthly Payment; Invoices ..................................................................................... 2 2.3 Taxes ........................................................................................................................ 2 2.4 Final Payment. ......................................................................................................... 2 2.5 Deductions ............................................................................................................... 3 2.6 Use of Deducted Funds ........................................................................................... 3 2.7 Keeping Books and Accounts ................................................................................. 3 ARTICLE 3. PERFORMANCE OF SERVICES ............................................................................ 3 3.1 Standard of Performance ......................................................................................... 3 3.2 Correction of Defects............................................................................................... 3 3.3 Risk of Loss ............................................................................................................. 4 3.4 Opinions of Probable Cost ....................................................................................... 4 3.5 City Responsibilities ................................................................................................ 4 3.6 Time of the Essence. ................................................................................................ 5 6 City of McHenry Professional Services Contract Revised 5/22/17 3.7 Suspension of Services ............................................................................................ 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS ............................................................ 5 4.1 Services Change Orders .......................................................................................... 5 4.2 Revision Notices ...................................................................................................... 5 4.3 No Change in Absence of Services Change Order .................................................. 5 4.4 Delays ...................................................................................................................... 5 ARTICLE 5. INSURANCE ............................................................................................................ 6 5.1 Insurance. ................................................................................................................. 6 5.2 Scope of Coverage; Minimum Limits of Coverage................................................. 6 5.3 Deductibles and Self-Insured Retentions ................................................................ 6 5.4 Additional Requirements ......................................................................................... 6 5.5 Verification of Coverage ......................................................................................... 7 5.6 Sub-Consultants and Suppliers ................................................................................ 8 ARTICLE 6. INDEMNIFICATION ............................................................................................... 8 6.1 Agreement to Indemnify .......................................................................................... 8 6.2 No Limit Based on Insurance .................................................................................. 8 6.3 Withholding Payment .............................................................................................. 8 6.4 Limit on Duty to Indemnify ..................................................................................... 8 ARTICLE 7. ARBITRATION ........................................................................................................ 8 7.1 Arbitration ............................................................................................................... 8 ARTICLE 8. TERMINATION ....................................................................................................... 9 8.1 Contract is At-Will. ................................................................................................. 9 8.2 Termination by City for Breach. .............................................................................. 9 8.3 City Remedies .......................................................................................................... 9 8.4 Termination by Consultant for Breach. ................................................................... 9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ......................... 9 9.1 Consultant as Independent Consultant .................................................................. 10 9.2 Compliance with Laws; Communications with Regulators .................................. 10 9.3 Permits and Licenses ............................................................................................. 10 9.4 Safety; Hazardous Materials .................................................................................. 10 9.5 Ownership of Data and Documents ....................................................................... 10 9.6 Notices ................................................................................................................... 10 9.7 No Waiver by City. ................................................................................................ 10 9.8 No Third-Party Beneficiaries ................................................................................. 11 7 City of McHenry Professional Services Contract Revised 5/22/17 9.9 Survival of Terms .................................................................................................. 11 9.10 Assignments. ......................................................................................................... 11 9.11 Amendments .......................................................................................................... 11 9.12 Governing Law ...................................................................................................... 11 9.13 Compliance with Laws, Grant Regulations ........................................................... 11 9.14 Representation of No Conflicts ............................................................................. 11 9.15 No Collusion. ......................................................................................................... 11 8 City of McHenry Professional Services Contract -1- Professional Services Contract Between The City of McHenry And HR Green, Inc. For Professional Engineering Services For City Wide Water and Sewer Model Updates This contract (the “Contract”) is dated as of August 2, 2021 (the “Effective Date”) and is by and between the City of McHenry, an Illinois municipal corporation, (the “City”) and HR Green, Inc. (the “Consultant”). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the parties. 1.2 Services. The Consultant will perform for the City the following services (the “Services”): Water and Sewer modeling updates per the scope defined in the August 2, 2021 Professional Services Agreement to Troy Strange from HR Green (Attached as Exhibit A). 1.3 Project Time. The Services will be performed according to the following schedule (“Project Schedule”): The project will be completed in 180 calendar days from the approval of the contract at the City council meeting. The Services will be completed on or before 180 calendar days from contract approval (the “Completion Date”). The Completion Date shall be effective for substantial completion all design services. Bidding Services and Construction Support shall be completed after the date of substantial completion in coordination with construction of the project. 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on February 2, 2022 unless terminated earlier pursuant to Article 8 of this Contract (the “Term”). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an “Extended Term”). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City’s discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise 9 City of McHenry Professional Services Contract -2- approved by the City in writing. All sub-consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City’s approval of any sub-consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub-consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub-consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub-consultant or supplier and undertake the Services itself or replace the sub- consultant or supplier with a sub-consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal or replacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services (“Compensation”), the City will pay the Consultant the following amounts and in the following manner: A LUMP SUM amount of $95,000 per the August 2, 2021 Professional Services Agreement (attached as Exhibit A). Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant’s right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 10 City of McHenry Professional Services Contract -3- 2.4 Final Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract (“Final Payment”). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2.5 Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant’s sub-consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys’ fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City’s determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys’ fees (collectively “Costs”) incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City’s request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region (“Standard of Performance”). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 3.2 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the 11 City of McHenry Professional Services Contract -4- Consultant or of the Consultant’s sub-consultants or suppliers. 3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant’s obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors’ methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant’s experience and qualifications, and those opinions represent the Consultant’s best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3.5 City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a)To designate in writing a person with authority to act as the City’s representative with respect to the Services. In the absence of a written designation, the City’s representative will be the City Administrator. The City’s representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b)To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City’s objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c)To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d)To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e)To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (f)To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. (g)To review reports, documents, data, and all other information presented by the Consultant as appropriate. 12 City of McHenry Professional Services Contract -5- (h)To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. (i)To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City’s interests with respect to the Services. (j)To attend meetings related to the Services. (k)To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a “Services Change Order”). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 4.2 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a “Revision Notice”). The Revision Notice must clearly state the Consultant’s requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 4.3 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant’s request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 13 City of McHenry Professional Services Contract -6- 4.4 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the “Delay Period”). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant’s request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage; Minimum Limits of Coverage. (a) Commercial General Liability. Insurance Services Office (“ISO”), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must be at least $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000. (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 “Any Auto.” Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: (i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract. (d) Workers’ Compensation and Employers’ Liability. Workers’ Compensation as required by the Workers’ Compensation Act of the State of Illinois and Employers’ Liability insurance. Coverage must be at least Workers’ Compensation Coverage with statutory limits and Employers’ Liability limits of $500,000 per accident. 5.3 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 5.4 Additional Requirements. The insurance policies must contain, or be endorsed to 14 City of McHenry Professional Services Contract -7- contain, the following provisions: (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant’s work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant’s insurance and will not contribute with it. (c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s ability. (d) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not “follow form,” then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. (e) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims-made general liability policies are not acceptable. (f)Workers’ Compensation and Employers’ Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (g) Professional Liability. If the policy is written on a claims-made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non- renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. (h) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. (i) Acceptability of Insurers. Insurance must be placed with insurers with a Best’s rating of no less than A-, VII and licensed to do business in the State of Illinois. (j) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers’ Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub-consultant also must agree to this waiver. 15 City of McHenry Professional Services Contract -8- 5.5 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.6 Sub-Consultants and Suppliers. The Consultant must include all sub-consultants as insured under its policies or must furnish separate certificates and endorsements for each sub- consultant. All coverage for sub-consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City’s request, defend the City and its officials, employees, agents, and representatives (collectively the “Indemnified Parties”) against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively “Claims”), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub- consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 6.2 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 6.3 Withholding Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.4 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing 16 City of McHenry Professional Services Contract -9- to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non-prevailing party, as determined by the arbiter or court, shall pay all expenses incurred by the prevailing party, including, but not limited to (a) attorney’s fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At-Will. This Contract is at-will and may be terminated by the City at any time at the City’s convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 8.2 Termination by City for Breach. The City at any time, by written notice providing Consultant with 10 days’ to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. “Breach” by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 8.3 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys’ fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City’s costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant’s sole discretion, in response to a written notice from the City seeking additional time to cure. 17 City of McHenry Professional Services Contract -10- ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant’s performance of Services. 9.4 Safety; Hazardous Materials. (a)Protection of Health, Environment. The Consultant’s personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b)Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. (c)Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law (“Hazardous Materials”) at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub-consultants, and suppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively “Data”), other than the Consultant’s confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City’s request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant’s records subject to the Consultant’s continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City’s misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: with a copy to: City Administrator Public Works Director City of McHenry Public Works Department 333 S. Green Street 1415 Industrial Drive McHenry, Illinois 60050 McHenry, Illinois 60050 18 City of McHenry Professional Services Contract -11- If to the Consultant: with a copy to: Tim Hartnett Chad Pieper, P.E. HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry, IL 60050 HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry, IL 60050 or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third-Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant’s obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.13 Compliance with Laws, Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant’s improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor 19 City of McHenry Professional Services Contract -12- any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name: _________ _____________________________ Title: _______________________________________ Date: _______________________________________ HR GREEN, INC. By: Name: _______________________________________ Title: _______________________________________ Date: _______________________________________ 20 City of McHenry Professional Services Contract -1- ATTACHMENT A SERVICES CHANGE ORDER NO. In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule if appropriate): 3. Change in Completion Date: All Services must be completed on or before: , 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT [City’s project representative] Signature Name (Printed or Typed) , 20 , 20 Date Date If compensation change greater than $10,000, then City Administrator signature required. , 20 . City Administrator Date If compensation change greater than $20,000, then City Council approval and Mayor signature required. , 20 . Mayor Date 21 EXHIBIT A Version 2.3 02052021 SCOPE OF SERVICES For McHenry City Wide Water and Sewer Model Updates Engineering Services Troy Strange, PE – Director of Public Works City of McHenry 333 South Green Street McHenry, Illinois 60050 815-363-2186 Chad J. Pieper, PE – Project Manager HR Green, Inc. 1391 Corporate Drive, Suite 203 McHenry, Illinois 60050 HR Green Project Number 201339 August 2, 2021 22 Version2.3 02052021 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 23 Scope of Services Water & Sewer Model Update 201339 August 2, 2021 Page 1 of 4 Version2.3 02052021 THIS SCOPE OF SERVICES is for the Water & Sewer Model Update project between the CITY OF McHENRY (hereafter “CLIENT”) and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding In 2007, The City of McHenry had a City-wide Water and Sanitary Sewer Utility Model created. These models are used to closely approximate the operations of the City’s utility systems allowing for assisting with current operation decisions along with future plan for the systems. While small scale updates have been performed throughout the years to evaluate small, local areas of the system, the City currently wishes to update the system to reflect current City-wide conditions and evaluate the systems for new, updated future scenarios with system capacities being the focus. 1.2 Design Criteria/Assumptions Current published Illinois Environmental Protection Agency (IEPA) standards water and sanitary sewer systems such as base flows generated by property use will be used in evaluating flows to be used where specific measurements are not taken or available. Current rainfall data through Bulletin 75 will be used to add wet weather flows to the system. Water use and well pumping data from the City will be used for assisting with the calibration of the water model. Future design scenarios will be based on a report provided to the City staff. This will place the City at a population of 40,000 people for a total flow of 4600 PE. The future development of the City will be broken into six (6) future phases which will be modeled in an order to be determined by City Staff. 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: A. Water Model Update – Budget $35,000. 1. Update complete water model into the current software version of Bentley’s WaterGems. 2. Collect fire flow data from field Fire Hydrant flow and pressure tests. This data will be used to help calibrate the model to current operating conditions. 3. Verify demand on the system through a combination of water pumping data along with utility billing for large water users. 4. Recalibrate model and create existing condition model. 5. Create and run future scenarios using CLIENT data for location and size of future demands. 24 Scope of Services Water & Sewer Model Update 201339 August 2, 2021 Page 2 of 4 Version2.3 02052021 B. Sanitary Sewer Model Update – Budget $60,000 1. Update complete sewer model into the current software version of Bentley’s SewerGems. 2. Update model for removal of the Central Wastewater Treatment Plant and addition of the Central Lift Station. 3. Perform drawdown tests at the City’s sanitary lift stations to update current system flows. 4. Verify demands on the system based on drawdown test results and utility billing for large users. 5. Create and run future scenarios using CLIENT data for location and size of future demands. 3.0 Deliverables and Schedules Included in this Agreement Deliverables: 1. For both the Water and Sewer models, the main deliverables will be the creation of GIS shapefiles of the existing and future systems. These shapefiles will contain attributes that will be defined by the CLIENT during the project. The COMPANY will provide a list of available attributes for the CLIENT to choose from. 2. An executive summary of the work performed, and data used will be provided for both systems. 3. In addition to the GIS attributes the water model will provide data on Water Age in the system, System Pressures and fire flows at peak demand times. 4. In addition to the GIS attributes the Sanitary system will provide Lift Station capacities for both dry-day and wet-day minimum and maximum demands along with pipe capacities for the same demands. 5. COMPANY will provide the WaterGEMS files needed to run the water model. The CLIENT agrees that all project documents or files including, but not limited to, model files furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys’ fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT’s use or reuse of the electronic files. Schedule: It is anticipated that this project will begin by the second week in August 2021 and be completed by the end of December 2021. 25 Scope of Services Water & Sewer Model Update 201339 August 2, 2021 Page 3 of 4 Version2.3 02052021 A project kick-off meeting will be held with the CLIENT upon execution of this agreement. It is anticipated that 3 Project progress meetings will occur. One following data collection, one to review and determine the future scenarios and one to follow up on the results of the future scenarios. The exact dates of these meetings will be determined during the project. COMPANY will attend one City council Meeting to present the findings of the update and be available to answer questions. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this AGREEMENT: 1. Flow monitoring of the existing sanitary sewer system. 2. Hydrant testing and other data collection efforts beyond those delineated in scope of services 3. Preliminary design, final design, bidding, and construction phase engineering services. 4. Permit applications to federal, state, and local agencies. 5. Funding applications to federal, state, and local agencies. 6. Geotechnical borings, tests, studies, and reports. 7. Historical, archeological, cultural resources, wetlands, floodplains, or environmental investigations, assessments, tests, studies, and reports. 8. Surveying or construction staking services. 9. Maps, plats, deeds, and easement documents. 10. Meetings with federal, state, and local agencies. 11. Appearances at public meetings and public hearings beyond those delineated in scope of services. 12. Additional meetings with CLIENT beyond those delineated in scope of services. 13. Any other additional engineering services in connection with the project. Supplemental services not included in the AGREEMENT can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others None 6.0 Client Responsibilities 1. Provide COMPANY with most up to date GIS shapefiles for use in updating model. 26 Scope of Services Water & Sewer Model Update 201339 August 2, 2021 Page 4 of 4 Version2.3 02052021 2. Provide COMPANY with pumping data and utility billing, as necessary. 3. Provide future scenarios to be analyzed. 4. Provide access to work sites for COMPANY to perform or furnish services. 5. Provide relevant materials such as maps (GIS maps if available), drawings, specifications, shop drawings, O&M manuals, financial data and reports, operating data and reports, maintenance data and reports, water quality data and reports, water main break/repair history. 6. Provide personnel knowledgeable about operations and maintenance of facilities to be available for discussions and to answer questions. 7. Provide assistance in determining the locations of existing facilities and utilities. 8. Provide assistance with field hydrant flow testing and lift station drawdowns, as required. 9. Review all project deliverable documents submitted by COMPANY, and provide all comments back to COMPANY within one week or otherwise as required by the project scope of services and schedule. 10. Attend all meetings and hearings as required for the project. 11. Provide all legal services as required for the project. 12. Appoint a CLIENT’S REPRESENTATIVE with respect to the services to be performed under this agreement. CLIENT’S REPRESENTATIVE shall have complete authority to transmit instructions, receive information, and interpret and define CLIENT’S policies. COMPANY shall be entitled to rely on representations made by CLIENT’S REPRESENTATIVE unless otherwise specified in writing by CLIENT. 13. Collect field data as indicated in the scope of services. 27 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation The City of McHenry is dedicated to providing its citizens , businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: August 2, 2021 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: Wonder Lake Ski Team Haunted Hayride ATT: Wonder Lake Ski Team Request Letter Agenda Item Summary. The Wonder Lake Water Ski Show Team is requesting use of Petersen Park for their Annual Haunted Hayride to be held on October 15, 16, 22, and 23, 2021, permission to post temporary advertising signs in right -of -ways, and waiver of park us and sign permit fees. Background. Hayrides will begin at 7:00 PM and close at 10:30 PM. In 2019, over 4,000 people attended the event . The event was not held in 2020 due to COVID -19. Advertising signs would be posted throughout the month of October in approved locations pursuant to Municipal Code Chapter 7.50. As in the previous years, parking, loading, and unloading of the wagons will occur on the south side of McCullom Lake Road. Additional traffic control will be utilized on McCullom Road to alert drivers of wagons crossing from the hayfield to the main driveway of the farm. The Ski Team will be responsible for all additional costs incurred by the city for this service. Analysis. As detailed in the attached letter of request, the Wonder Lake Ski Team is a not for profit organization supporting local initiatives. In 2019, event organizers adhered to the strict guidelines put in place to hold the event creating a mutually beneficial situation for the ski team event and the City. For these reasons staff has no concerns with the request as presented. Recommendation. If City Council concurs, then it is recommended to approve the use of Petersen Park, and waiver of park use and sign permit fees for the Wonder Lake Ski Show Team annual Haunted Hayride as presented. 28 29 30 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park_recreation CONSENT AGENDA SUPPLEMENT DATE: June 21, 2021 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation John Birk, Chief of Police RE: Pyrotechnic display for the R.I.S.E. Up Foundation Splash into Country Stage Show AGENDA ITEM SUMMARY: The R.I.S.E. Up Foundation has requested the use of pyrotechnics in conjunction with their headliner band that is scheduled to perform on Saturday September 25th from approximately 8:30pm – 11pm. BACKGROUND: The discharge and display of pyrotechnics in the city of McHenry require s City Council approval. The R.I.S.E. Up Foundation has hired a band that is requesting to utilize on stage pyrotechnic displays as part of their show on September 25th between 8:30pm and 11pm in Petersen Park. The show is not an aerial fireworks display but includes elements such as controlled fireballs, flash bangs and other similar type effects. ANALYSIS: Staff has had numerous discussion with the vendor that is set to perform the stage pyrotechnic display. This company, Melrose Pyrotechnics, also performed the City of McHenry fireworks show the past few years. They have all of the appropriate licenses and insurance that are on file with the State Fire Marshal and submitted to the staff as well. Staff is confident in their ability to safely perform this show should City Council all the performance. If City Council concurs then a motion should be considered to allow the city staff to approve an onstage pyrotechnic display permit in conjunction with The R.I.S.E. Up Foundation “Splash Into Country” event on September 25, 2021. 31 Monte Johnson Deputy City Clerk 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA ITEM DATE: August 2, 2021 TO: Mayor and City Council FROM: Monte Johnson RE: Block Party Requests ATT: Applications, Maps of Proposed Closure AGENDA ITEM SUMMARY: An application has been submitted by Joey Gaisor for the purpose of holding a block party on Saturday, August 14, between 2 p.m. and midnight. Mr. Gaisor has been notified that the party will be required to stop prior to midnight per the Noise section of the City’s Code. They are requesting temporary closure of Donovan Court at the end in the cul de sac. An application has been submitted by Allison Werrbach for the purpose of holding a block party on Saturday, August 7th, from 3:00 p.m. to 10:00 p.m. They are requesting temporary closure of Conway Circle and Doolin Avenue from Dundalk Lane to Cashel Lane. Background: The City of McHenry allows block parties on all residential streets providing they do not block intersections, cul-de-sacs or other roadways. To schedule a block party, City residents submit an application to the City Administrator’s office. There is no fee for the permit. Once approved, only moveable barriers (sawhorses) that are dropped off and picked up by Public Works can be used to control traffic. Blocking streets with vehicles is prohibited. We have also now required applicants to include a signature sheet that includes each resident with affected driveways giving their approval of the block party. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the block party request on Donovan Court on August 14, 2021; and the block party request at the Oaks of Irish Prairie on August 7, 2021. Public Works will provide barricades and the McHenry Township Fire Protection District and Police Department will be notified of the event. 32 2:00 p.m. until midnight (will stop playing music and stop the party when required by ordinance) 33 34 Boo n eC re e k W O rle ans St NRyanStN D o n o v a n C t Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Block Party - Donovan Court Location of Block Party 35 36 Dool i nAveCa s he lL n Dool i nAveCon way C ir VeteransPkwyVeteransPkwy DoolinAveDund a lkLn Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community~ Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Block Party - Oaks of Irish Prairie Location of Block Party 37 38 39 40 41 42 City Council Meeting Minutes July 19, 2021 Page 1 McHenry City Council Regular Meeting Minutes July 19, 2021 Call to Order The City Council of the City of McHenry, Illinois, met in regular session on Monday, July 19, 2021, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, and Chief of Police Birk. Pledge of Allegiance Mayor Jett lead those present in the Pledge of Allegiance. Public Comment Mayor Jett asked if there were any comments from the public in attendance. One member of the public thanked the City for handling a problem that had previously been brought forward. She also stated that the City should look into changing the dog laws in McHenry, and gave reasons and examples of how dogs can be dangerous. Another member of the public asked if the City could look into the development of the old savings bank property on Green Street. He also brought up a safety issue of the three parking spots near the record shop on the corner of Main Street and Route 31. Consent Agenda Motion to Approve the Following Consent Agenda Items: A. Authorize and ratify all action setting a Public Hearing for August 2, 2021 on the proposed establishment of Special Service Area No. 12 for proposed Lots 1 and 2 of the Authentix Subdivision in McHenry 43 City Council Meeting Minutes July 19, 2021 Page 2 B. Authorize the City Administrator to execute a Consent to Transfer of Contract for the Collection of Refuse, Recyclable Material and Yard Waste between the City of McHenry and Prairieland Disposal, Inc. dated August 1, 2017 C. Ordinance amending Title 10, Chapter 22, Section 10‐22‐4: Landmark Commission – reducing the membership of the Landmark Commission from twelve (12 to nine (9) D. Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations, Section 7‐4‐7: Permit Parking Only, of the McHenry City Code E. Award of contract in the amount of $62,674.00 to Christopher B. Burke Engineering Services for the Knox Park Parking Lot Rehabilitation Project F. Block Party Requests on August 21 for Jennifer Lane and July 25 for Washington Street G. Parks & Recreation Facilities & Special Use permit requests H. June 21, 2021 City Council Meeting Minutes I. Issuance of Checks in the amount of $770,106.06 J. Issuance of As Needed Checks in the amount of $1,673,240.88 Alderman Glab asked that items C, D, and E be pulled from the consent agenda. A motion was made by Alderman Strach and seconded by Alderman McClatchey to approve consent agenda items A, B, and F‐J as presented. Roll Call: Vote: 7‐ayes: Alderman Strach, Alderman McClatchey, Alderman Santi, Alderman Glab, Alderman Harding, Alderman Devine, Alderwoman Miller. 0‐ nays, 0‐abstained. Motion carried. Ordinance amending Title 10, Chapter 22, Section 10‐22‐4: Landmark Commission – reducing the membership of the Landmark Commission from twelve (12) to nine (9) Alderman Glab stated he would like to keep the number of board members at 12 so that we don’t have to turn away people who may want to volunteer for the board, but would like to lower the number required for a quorum. Attorney McArdle explained that the City can’t pick what number we want for a quorum, as it is legally based on the size of the board. A motion was made by Alderwoman Miller and seconded by Alderman Harding to pass an Ordinance amending Title 10, Chapter 22, Section 10‐22‐4: Landmark Commission – reducing the membership of the Landmark Commission from twelve (12) to nine (9). Roll Call: Vote: 7‐ayes: Alderwoman Miller, Alderman Harding, Alderman Devine, Alderman Strach, Alderman McClatchey, Alderman Glab, Alderman Santi. 0‐nays, 0‐abstained. Motion carried. Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations, Section 7‐4‐7: Permit Parking Only, of the McHenry City Code Alderman Glab would like to consider charging more for the parking permits as the City is spending a lot of money to fix the parking lots. Chief John Birk explained that we charge $60 per year for the residents to give them an exemption to park overnight. Businesses have a problem with parking spots for their employees, and charging them a smaller fee can encourage businesses and employees to utilize those parking lots instead of taking the prime spaces. 44 City Council Meeting Minutes July 19, 2021 Page 3 Alderwoman Miller suggested that we educate the business owners, and Mayor Jett explained that if the ordinance is passed, we will talk to business owners about this opportunity with our parking plan. A motion was made by Alderman Santi and seconded by Alderman McClatchey to pass an Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations, Section 7‐4‐7: Permit Parking Only, of the McHenry City Code. Roll Call Vote: 6‐ ayes: Alderman Santi, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 1‐nay: Alderman Glab. 0‐nays, 0‐abstained. Motion carried. Award of contract in the amount of $62,674.00 to Christopher B. Burke Engineering Services for the Knox Park Parking Lot Rehabilitation Project Alderman Glab is concerned about using general fund dollars for this project. He questioned why the park impact fee is not being used for the resurfacing. Director Bill Hobson explained that park impact fees are not used for maintenance, and those are reserved for new recreational opportunities. A motion was made by Alderman Santi and seconded by Alderman Strach to award of contract in the amount of $62,674.00 to Christopher B. Burke Engineering Services for the Knox Park Parking Lot Rehabilitation Project. Roll Call Vote: 6‐ayes: Alderman Santi, Alderman Strach, Alderwoman Miller, Alderman Devine, Alderman Harding, Alderman McClatchey. 1‐nay: Alderman Glab. 0‐abstained. Motion carried. Individual Action Item Agenda Motion to approve an Economic Incentive Agreement between the City of McHenry and Advance Management LLC in an amount not to exceed $1,500,000.00 Director Martin explained that Advance Real Estate Management is the owner/management company of the current shopping center that is home to Kohl’s, Aldi, and Michaels, amongst others. The agreement is designed to provide assistance in completing substantial improvements to the center which, in turn, will assist in the ability to attract and retain tenants. The agreement is for a sales tax rebate over a 20‐year term with a maximum rebate capped at $1,500,000. Alderman Strach noted that Exhibit C had a line item for improvements. He asked Doug Vitale from Advance Management if they could share a specific list of what those proposed improvements involved. Mr. Vitale explained that they would gut the spaces for occupants, fix electrical, light fixtures, floor coverings, and white boxing the space. Attorney McArdle suggested that a list of specifications with a scope and budgeted cost breakdown be attached to the agreement. Alderman Glab questioned how we get the figures for the sales tax, and Director Carolyn Lynch explained that we have access to the sales tax figures directly from the State of Illinois Department of Revenue. Alderman Glab questioned the condition of the parking lot, asked how it got in such bad shape, and asked about our ordinances that would require those to be kept in 45 City Council Meeting Minutes July 19, 2021 Page 4 better condition. A motion was made by Alderman Strach and seconded by Alderwoman Miller to approve an Economic Incentive Agreement between the City of McHenry and Advance Management LLC in an amount not to exceed $1,500,000.00 subject to the condition that the specifications of the landlord work scope and budgeted cost breakdown be included and attached to the agreement. Roll Call Vote: 6‐ayes: Alderman Strach, Alderwoman Miller, Alderman Santi, Alderman McClatchey, Alderman Harding, Alderman Devine. 1‐nay: Alderman Glab. 0‐nays, 0‐abstained. Motion carried. Motion to grant a Fence Variance to Munson Ski and Marine located at 3112 W. Lincoln Road, to allow a 5’ front yard setback in lieu of the required 30’ front yard setback Director Polerecky explained that Munson Ski and Marine is in full construction. They are looking to expand and are requesting a five‐foot setback for security purposes. Alderman Glab stated that this is a win‐win situation and this should bring more exposure to Munson. Alderman Santi explained that you can drive across the Pearl Street bridge to Lincoln Road and see significant improvement in the area. He asked if the City receives any sales tax on boat rentals and Director Polerecky stated that the City will get taxes on the boat sales. A motion was made by Alderman McClatchey and seconded by Alderman Glab to grant a Fence Variance to Munson Ski and Marine located at 3112 W. Lincoln Road, to allow a 5’ front yard setback in lieu of the required 30’ front yard setback. Roll Call Vote: 6‐ayes: Alderman McClatchey, Alderman Glab, Alderman Devine, Alderman Strach, Alderman Harding, Alderman Santi. 1‐nay: Alderwoman Miller. 0‐nays, 0‐abstained. Motion carried. Motion to approve an Ordinance granting approval of various Text Amendments to the Zoning Ordinance and Subdivision Control Ordinance City Planner Cody Sheriff explained that the ordinance will amend three different parts of the zoning ordinance. The first section amends the Adult Use Cannabis ordinance as the ability for the City to license dispensaries would not be allowed by the State. The City is required to regulate cannabis through zoning regulations, so the C‐3/C‐5 zoned properties that are adjacent to a State Highway will be the locations allowed. The second section being amended deals with residential screen strip design standards. The proposed changes would eliminate the requirement that privacy fences must be located interior to landscaping. Staff has run into issues with certain lot configurations that would make maintenance of said screened areas complicated. Staff is proposing to eliminate the placement provision to allow staff to work with business owners to place screening in areas that make logical sense. The third section being amended deals with the submission of preliminary and final plats for simultaneous review. The City of McHenry Subdivision and Control Ordinance does not allow for simultaneous review of preliminary and final plat of subdivisions unless certain parameters are 46 City Council Meeting Minutes July 19, 2021 Page 5 met. Staff has recommended developers in past developments apply for a variation from the review process to allow for simultaneous review. Staff is proposing to eliminate this section entirely and replace with new language. The new proposed language would eliminate the standards to determine if a project qualifies to go through a simultaneous review process and replace with language that would allow the Zoning Administrator the ability to determine on a case‐by‐case basis what process would be most appropriate. Alderman Santi asked if there could be cannabis locations approved on Route 120 all the way to Chapel Hill Road. Mr. Sheriff explained that there are only a couple of parcels that are eligible that far to the east, but he expects these type of businesses to apply for a high traffic commercial area. Alderman Glab stated that we are now changing an ordinance that we didn’t follow a couple of meetings ago, which shows we are making a correction after the fact. He also wonders if we are having staff do more and not have the Council approve as many decisions. A motion was made by Alderman Strach and seconded by Alderman Harding to approve an Ordinance granting approval of various Text Amendments to the Zoning Ordinance and Subdivision Control Ordinance. Roll Call Vote: 7‐ayes: Alderman Strach, Alderman Harding, Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Devine, Alderwoman Miller. 0‐nay, 0‐ abstained. Motion carried. Motion to deny an Ordinance granting approval of a Use Variation to allow a single‐ family residence at 4805 W. Elm Street. Director Polerecky explained that the petitioner is requesting approval of a Use Variation to allow a Single‐Family Residence in conjunction with a computer repair shop in the C‐5 Highway Commercial District at 4805 W. Elm Street. The City’s Comprehensive Plan and Development Policies recommend small residential lots on IL‐120 be consolidated with adjacent commercial lots to allow for more productive use. The Planning & Zoning Commission unanimously recommended denial of the petitioner’s request. Alderman Glab stated that if we had planned commercial growth in the next five to eight years then we may want to consider denying the request. There is no foreseeable plan for this property, this would help out a business, and if the residence was located on the second floor, this would not be an issue. Alderwoman Miller spoke to the bigger picture of conformity and non‐ conformity, and although she has no issues with the petitioner, she would rather keep that property in compliance. Alderman Strach explained that he and the City Planner have had discussions on these type of issues for some time, and can see both points on this request. He brought up a big question of the potential growth, the potential development, and if the area should be re‐zoned in the future. Mayor Jett asked if the public had any comment on the issue. One member of the public stated that in the past there was a business with somebody living in the house, and she had no problem with that. She believes the same can be done with the new business. Another member of the 47 City Council Meeting Minutes July 19, 2021 Page 6 public remembers stories of how somebody grew their business on Riverside by living above the shop. He understands conformity but believes having this a residence and a business can keep the business going. Alderman Glab suggested giving them the variance but for a limited number of years in case commercial growth picked up. Then the issue could be looked at again in the future. Alderman Santi explained that we have a tough decision to make but we are here to make tough decisions. He pointed out that similar requests have been denied in the past for businesses on Route 120. Alderwoman Miller does not believe in going against the Planning & Zoning Board’s recommendation because they did their job as a board. The big issue is that some of these properties may be zoned improperly for how the City now looks. Alderman Glab stated that sometimes you need to use common sense and logic and not just go by the book. A motion was made by Alderwoman Miller and seconded by Alderman Devine to deny an Ordinance granting approval of a Use Variation to allow a single‐family residence at 4805 W. Elm Street. Roll Call Vote: 4‐ayes: Alderwoman Miller, Alderman Devine, Alderman Santi, Alderman McClatchey. 2‐ nays: Alderman Glab, Alderman Harding. 1‐abstain: Alderman Strach. Motion carried. Motion to approve an Ordinance for a Use Variation to allow an open sales lot for automobile sales at 4502 W. Crystal Lake Road Director Polerecky explained that the petitioner is requesting approval of a Use Variance to allow an Open Sales Lot for the operation of a used car dealership. Several conditions of approval have been added to address various concerns. Aldermen McClatchey and Devine are not against the business but do not like this location. Alderman Glab does not think this business serves as a neighborhood business, and is concerned about traffic and fire safety. Kevin Naleck, the owner, was present to answer questions. He explained that there would be no balloons or typical car dealer style signage as he relies on internet marketing for his business. He is using this location as a sales office. There would be no car repairs, oil changes, or car washes. It is expected that there might be 15 cars in the back lot and 15 cars in the indoor showroom. Sales are done by appointment only. Sales were just north of $500,000 last year, and he is on track to sell 200‐250 cars this year. Director Lynch explained that the City would get the sales tax from the vehicle sales. Mayor Jett asked if there were members of the public that wanted to make a comment. Four members of the public spoke out against the location for this business. A motion was made by Alderman Strach and seconded by Alderman Santi to approve an Ordinance for a Use Variation to allow an open sales lot for automobile sales at 4502 W. Crystal Lake Road. Roll Call Vote: 3‐ayes: Alderman Strach, Alderman Santi, Alderman Devine. 4‐nays: Alderwoman Miller, Alderman Harding Alderman McClatchey, Alderman Glab. Motion denied. 48 City Council Meeting Minutes July 19, 2021 Page 7 Executive Session A motion was made by Alderman Santi and seconded by Alderman Strach to adjourn to executive session at 8:38 p.m. to discuss property acquisition (5 ILCS 120/2(c)(5).). Roll Call Vote: 7‐ayes: Alderman Strach, Alderman McClatchey, Alderman Santi, Alderman Glab, Alderman Harding, Alderman Devine, Alderwoman Miller. 0‐nays, 0‐abstained. Motion carried. Mayor Jett reconvened the meeting from executive session at 9:20 p.m. A roll call was taken. Members present: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller, Mayor Jett. Staff Reports Director Bill Hobson thanked the Chamber of Commerce and all of the volunteers for the help with Fiesta Days. There will be a wrap‐up meeting with the Chamber and the Police Department for comments to help move forward with planning for next year. City Council Comment Alderman McClatchey stated that everybody should be proud of what they do for Fiesta Days. He thanked the staff, Council, and all of the volunteers. Alderman Strach asked about starting conversations for planning updates. It was explained that the City will be looking into a new City‐ wide comprehensive plan in the near future. Alderwoman Miller stated that our zoning districts do not fit our current environment, and she would like to see some new descriptions and new districts. Staff explained that zoning district changes are another thing that is being planned for. Adjournment A motion was made by Alderman McClatchey and seconded by Alderman Santi to adjourn the meeting at 9:27 p.m. Roll call Vote: 7‐ayes: Alderman McClatchey, Alderman Santi, Alderman Glab, Alderman Harding, Alderman Strach, Alderman Devine, Alderwoman Miller. 0‐nays, 0‐ abstained. Motion carried. Mayor Wayne Jett Deputy Clerk Monte Johnson _________________________________ ________________________________ 49 Expense Approval Register McHenry, IL List of Bills Council Meeting‐ 8‐2‐21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ALDERMAN, DAVID ALDERMAN, DAVID 311956 08/02/2021 ROSTER CHANGE 100‐41‐3637 18.00 Vendor ALDERMAN, DAVID Total: 18.00 Vendor: BAKER & SON CO, PETER BAKER & SON CO, PETER 33757 08/02/2021 2021 HMA 100‐33‐6110 1,860.44 BAKER & SON CO, PETER 33853 08/02/2021 SFC, BDR 100‐33‐6110 1,125.22 Vendor BAKER & SON CO, PETER Total: 2,985.66 Vendor: BUNTING, CRISTINE BUNTING, CRISTINE 312333 08/02/2021 CXL 100‐41‐3634 52.50 Vendor BUNTING, CRISTINE Total: 52.50 Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD CHRISTOPHER B BURKE 167298 08/02/2021 DOWNTOWN STREETSCAPE 100‐01‐8600 3,285.25 CHRISTOPHER B BURKE 167298 08/02/2021 DOWNTOWN STREETSCAPE 290‐00‐8900 9,855.74 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total: 13,140.99 Vendor: CONDUENT HR CONSULTING LLC CONDUENT HR CONSULTING 2469761 08/02/2021 BCBS JUNE SVS FEES 600‐00‐6960 65.25 Vendor CONDUENT HR CONSULTING LLC Total: 65.25 Vendor: EJ EQUIPMENT EJ EQUIPMENT E01586 08/02/2021 PORT CAMERA SYST 510‐32‐8300 63,650.00 Vendor EJ EQUIPMENT Total: 63,650.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00451843 08/02/2021 MUNICIPAL RADIO MAINT 225‐00‐5110 1,397.50 FOX VALLEY FIRE & SAFETY IN00452021 08/02/2021 FIRS SPRINKLER SAME DAY SVS 225‐00‐5110 763.00 Vendor FOX VALLEY FIRE & SAFETY Total: 2,160.50 Vendor: GOVERNMENT FINANCE OFFICERS ASSOCIATION GOVERNMENT FINANCE 2175702 08/02/2021 9/1‐8/31/21 RENEWAL 100‐04‐5410 225.00 Vendor GOVERNMENT FINANCE OFFICERS ASSOCIATION Total: 225.00 Vendor: HLR HLR 20211103 08/02/2021 MCHENRY BV PHASE I BIKE 440‐00‐8900 17,540.00 Vendor HLR Total: 17,540.00 Vendor: HRGREEN HRGREEN 138446 08/02/2021 PATRIOT ESTATES 2014 740‐00‐5220 1,118.00 HRGREEN 141379 08/02/2021 BLAKE BLVD APT SEWER 740‐00‐5220 1,954.00 Vendor HRGREEN Total: 3,072.00 Vendor: INFOSEND, INC INFOSEND, INC 193978 08/02/2021 W‐S BILLING 100‐04‐5310 177.63 INFOSEND, INC 193978 08/02/2021 W‐S BILLING 100‐04‐5330 61.25 INFOSEND, INC 194414 08/02/2021 SETUP FEE 100‐01‐5330 1,495.00 Vendor INFOSEND, INC Total: 1,733.88 Vendor: MAD BOMBER FIREWORKS MAD BOMBER FIREWORKS 1879 08/02/2021 PYROTECH JULY 11, 2021 100‐41‐6920 20,000.00 Vendor MAD BOMBER FIREWORKS Total: 20,000.00 Vendor: MASSEY, ALEXANDRA MASSEY, ALEXANDRA 312981 08/02/2021 CXL 100‐41‐3637 70.00 Vendor MASSEY, ALEXANDRA Total: 70.00 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW JULY 19,2021 08/02/2021 TRAFFIC MTHLY 7‐21 100‐01‐5230 4,000.00 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: 4,000.00 7/28/2021 3:16:43 PM 50 Expense Approval Register Packet: APPKT02161 ‐ 8‐2‐21 AP CKS Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MCHENRY HEATING & AIR INC MCHENRY HEATING & AIR INC 21‐07‐055 08/02/2021 PERMIT REFUND 100‐00‐3410 40.00 Vendor MCHENRY HEATING & AIR INC Total: 40.00 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 2021‐378 08/02/2021 8X10 WAL 100‐01‐6110 30.00 Vendor MCHENRY SPECIALTIES Total: 30.00 Vendor: MICHELS CORPORATION MICHELS CORPORATION 1712079 08/02/2021 WELL 8 ‐ RAW WATER LINE 510‐31‐8500 14,553.30 Vendor MICHELS CORPORATION Total: 14,553.30 Vendor: NICOR GAS NICOR GAS INV0011824 08/02/2021 UTIL 100‐42‐5510 135.32 NICOR GAS INV0011824 08/02/2021 UTIL 100‐43‐5510 43.63 NICOR GAS INV0011824 08/02/2021 UTIL 100‐45‐5510 161.71 NICOR GAS INV0011824 08/02/2021 UTIL 100‐46‐5510 21.81 NICOR GAS INV0011824 08/02/2021 UTIL 400‐00‐5510 45.55 NICOR GAS INV0011825 08/02/2021 UTIL 510‐31‐5510 463.06 NICOR GAS INV0011825 08/02/2021 UTIL 510‐32‐5510 898.60 Vendor NICOR GAS Total: 1,769.68 Vendor: ROBINSON, STEVEN ROBINSON, STEVEN 7‐21‐21 08/02/2021 MMAAC MEETS 7/14,7/21/21 100‐42‐5110 150.00 Vendor ROBINSON, STEVEN Total: 150.00 Vendor: ROTARY CLUB OF MCHENRY ROTARY CLUB OF MCHENRY 3456 08/02/2021 QUARTERLY DUES D 100‐01‐5410 93.75 Vendor ROTARY CLUB OF MCHENRY Total: 93.75 Vendor: SOLOMON, KATHRYN SOLOMON, KATHRYN 311824 08/02/2021 CXLS 100‐41‐3634 75.00 SOLOMON, KATHRYN 311824 08/02/2021 CXLS 100‐41‐3637 180.00 Vendor SOLOMON, KATHRYN Total: 255.00 Vendor: SYNCB/AMAZON SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐03‐6110 102.99 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐03‐6270 116.90 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐04‐6110 119.83 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐41‐6210 48.97 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐44‐6110 39.98 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐45‐6110 41.00 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐46‐6110 124.31 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 100‐47‐6110 471.87 SYNCB/AMAZON 7880 7‐10‐21 08/02/2021 MTHLY 400‐40‐6142 319.80 Vendor SYNCB/AMAZON Total: 1,385.65 Vendor: WANDER, COURTNEY WANDER, COURTNEY 312885 08/02/2021 REF 100‐41‐3636 75.00 Vendor WANDER, COURTNEY Total: 75.00 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 8184 08/02/2021 SLUDGE 510‐32‐5580 1,624.80 Vendor WINNEBAGO LANDFILL CO Total: 1,624.80 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 150351 08/02/2021 CORPORATE 100‐01‐5230 5,642.50 ZUKOWSKI ROGERS FLOOD & 150352 08/02/2021 TRAFFIC 100‐01‐5230 5,566.42 ZUKOWSKI ROGERS FLOOD & 150353 08/02/2021 COVID 100‐01‐5230 138.75 ZUKOWSKI ROGERS FLOOD & 150354 08/02/2021 CONTINENTAL 100‐01‐5230 4,350.00 ZUKOWSKI ROGERS FLOOD & 150355 08/02/2021 MCHENRY COMMONS 100‐01‐5230 3,045.00 ZUKOWSKI ROGERS FLOOD & 150356 08/02/2021 TOWN CENTER 100‐01‐5230 72.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 18,815.17 Grand Total: 167,506.13 7/28/2021 3:16:43 PM 51 Expense Approval Register Packet: APPKT02161 ‐ 8‐2‐21 AP CKS Fund Summary Fund Expense Amount 100 ‐ GENERAL FUND 53,257.53 225 ‐ ALARM BOARD FUND 2,160.50 290 ‐ TIF FUND 9,855.74 400 ‐ RECREATION CENTER FUND 365.35 440 ‐ CAPITAL IMPROVEMENTS FUND 17,540.00 510 ‐ WATER/SEWER FUND 81,189.76 600 ‐ EMPLOYEE INSURANCE FUND 65.25 740 ‐ RETAINED PERSONNEL ESCROW 3,072.00 Grand Total: 167,506.13 52 Expense Approval Register McHenry, IL #2 List of Bills Council Meeting 8‐2‐21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE & 371197 08/02/2021 417 371197 100‐33‐5370 323.27 ADAMS STEEL SERVICE & 371322 08/02/2021 Oxygen refill INV# 371322 510‐32‐6110 39.37 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 362.64 Vendor: ALEXANDER LUMBER CO ALEXANDER LUMBER CO 1867910 08/02/2021 Concrete lumber for Road 100‐33‐6110 801.01 Vendor ALEXANDER LUMBER CO Total: 801.01 Vendor: AMERICAN HEATING & COOLING AMERICAN HEATING & 04042853 08/02/2021 LPCC AC unit replace 100‐45‐5110 3,300.00 AMERICAN HEATING & 04042860 08/02/2021 Pool Heater Service 100‐45‐5110 262.50 Vendor AMERICAN HEATING & COOLING Total: 3,562.50 Vendor: ARAMARK REFRESHMENT SERVICES LLC ARAMARK REFRESHMENT 11461521 08/02/2021 Coffee/Supplies #11461521 100‐01‐6110 492.00 Vendor ARAMARK REFRESHMENT SERVICES LLC Total: 492.00 Vendor: AT&T LONG DISTANCE AT&T LONG DISTANCE 2942 7‐6‐21 08/02/2021 AT&T Long Distance 620‐00‐5320 2.51 Vendor AT&T LONG DISTANCE Total: 2.51 Vendor: AT&T AT&T 9662 7‐11‐21 08/02/2021 Voice Over IP ‐ IP‐Flex 620‐00‐5320 377.78 Vendor AT&T Total: 377.78 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 64699 08/02/2021 Rec Center Cleaning supplies 400‐00‐6111 360.77 CABAY & COMPANY INC 64720 08/02/2021 Rec Center Cleaning supplies 400‐00‐6111 151.83 CABAY & COMPANY INC 64748 08/02/2021 Rec Center Cleaning supplies 400‐00‐6111 276.39 CABAY & COMPANY INC 64763 08/02/2021 Towels/Tissue 100‐03‐5120 222.25 CABAY & COMPANY INC 64781 08/02/2021 Rec Center Cleaning supplies 400‐00‐6111 99.62 CABAY & COMPANY INC 64820 08/02/2021 Paper Supplies 100‐45‐6110 60.00 Vendor CABAY & COMPANY INC Total: 1,170.86 Vendor: CARL DARLING WINDOW TINTING CARL DARLING WINDOW 33‐MC792360 08/02/2021 Window Tinting ‐ Durango 100‐22‐5370 130.00 Vendor CARL DARLING WINDOW TINTING Total: 130.00 Vendor: COLLEGE OF DUPAGE‐ACCTS RECEIVABLE COLLEGE OF DUPAGE‐ACCTS 12459 08/02/2021 Training ‐ Morales‐Voelker 100‐22‐5430 100.00 Vendor COLLEGE OF DUPAGE‐ACCTS RECEIVABLE Total: 100.00 Vendor: COMCAST CABLE COMCAST CABLE 0595 7‐20‐21 08/02/2021 Lakeland Park Community 620‐00‐5110 158.45 Vendor COMCAST CABLE Total: 158.45 Vendor: CONNOR CO CONNOR CO S9630859.001 08/02/2021 Plumbing Supplies: Petersen 100‐45‐6110 77.19 CONNOR CO S9630901.001 08/02/2021 Plumbing Supplies: Petersen 100‐45‐6110 95.65 CONNOR CO S9631143.001 08/02/2021 Plumbing Supplies: Petersen 100‐45‐6110 126.85 Vendor CONNOR CO Total: 299.69 Vendor: CORE & MAIN CORE & MAIN P140207 08/02/2021 Yard Hydrant Parts P140207 510‐32‐5375 997.80 Vendor CORE & MAIN Total: 997.80 Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY CORKSCREW GYMNASTICS & 855 08/02/2021 Invoice 854 100‐47‐5110 1,350.00 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total: 1,350.00 7/28/2021 3:40:20 PM 53 Expense Approval Register Packet: APPKT02163 ‐ 8‐2‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: CRYSTAL LAKE PARK DISTRICT CRYSTAL LAKE PARK DISTRICT 452909 08/02/2021 Trip ‐ Cantigny Park 100‐46‐5110 133.00 Vendor CRYSTAL LAKE PARK DISTRICT Total: 133.00 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 22019 08/02/2021 Capping Aggregate STS #22019 100‐33‐6110 18.60 Vendor CURRAN CONTRACTING COMPANY Total: 18.60 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 566370‐IN 08/02/2021 DFS ‐ Maintenance 400‐40‐5375 496.39 Vendor DIRECT FITNESS SOLUTIONS Total: 496.39 Vendor: DN N DRTY, LLC DN N DRTY, LLC 21‐0715‐8794 08/02/2021 Tow ‐ Report 21‐012043 100‐22‐5110 250.00 Vendor DN N DRTY, LLC Total: 250.00 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS I189526 08/02/2021 Broadway Lift Starters 510‐32‐5380 516.00 Vendor DREISILKER ELECTRIC MOTORS INC Total: 516.00 Vendor: E. ARIEL ROOFING SOLUTIONS, LLC E. ARIEL ROOFING SOLUTIONS, 2591 08/02/2021 Annual Roof Maintenance 100‐03‐5120 360.00 Vendor E. ARIEL ROOFING SOLUTIONS, LLC Total: 360.00 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 10105379098 08/02/2021 Squad wash 311 100‐22‐5370 71.50 FAST EDDIES CAR WASH 80031257882 08/02/2021 Squad Detail 100‐22‐5370 150.00 Vendor FAST EDDIES CAR WASH Total: 221.50 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 16039 08/02/2021 Concrete ‐ Storm Sewer 100‐33‐6110 471.00 Vendor FISCHER BROS FRESH Total: 471.00 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 60791 08/02/2021 landscape supplies 100‐45‐6110 492.00 FOXCROFT MEADOWS INC 60875 08/02/2021 Grass Seed/Straw Blanket 510‐32‐5380 169.50 Vendor FOXCROFT MEADOWS INC Total: 661.50 Vendor: GALLS LLC GALLS LLC 018764360 08/02/2021 Patches/Chevrons 100‐22‐6110 572.50 GALLS LLC 018764360 08/02/2021 Patches 100‐23‐6110 254.00 GALLS LLC 018777478 08/02/2021 Uniform Order ‐ Rewiako 100‐22‐4510 79.49 GALLS LLC 018777480 08/02/2021 Uniform Order ‐ Spohn 100‐22‐4510 23.23 GALLS LLC 018799512 08/02/2021 Uniform Order ‐ Fitzgerald 100‐23‐4510 42.51 GALLS LLC 018799609 08/02/2021 Uniform Order ‐ Harris 100‐22‐4510 287.72 GALLS LLC 018800954 08/02/2021 Uniform Order ‐ Noyes 100‐22‐4510 48.32 GALLS LLC 018801655 08/02/2021 Uniform Order ‐ Zumwalt 100‐22‐4510 138.26 GALLS LLC 018811195 08/02/2021 Uniform Order ‐ Voelker 100‐22‐4510 43.83 GALLS LLC 018857507 08/02/2021 Uniform Order ‐ Adams 100‐22‐4510 36.71 GALLS LLC 018857512 08/02/2021 Uniform Order ‐ Carey 100‐22‐4510 74.01 GALLS LLC 018857513 08/02/2021 Uniforrm Order ‐ Aalto 100‐22‐4510 37.00 GALLS LLC 018857531 08/02/2021 Uniform Order ‐ O"Herron 100‐22‐4510 37.12 GALLS LLC 018857773 08/02/2021 Uniform Order ‐ Adams 100‐22‐4510 42.83 Vendor GALLS LLC Total: 1,717.53 Vendor: GOPHER GOPHER IN61962 08/02/2021 Rainbow Totes for Storage 100‐47‐6110 629.46 Vendor GOPHER Total: 629.46 Vendor: GREEN DOOR PROMOTIONS LLC GREEN DOOR PROMOTIONS 21‐2183 08/02/2021 Camp ‐ Camper Shirts 100‐46‐6110 787.80 GREEN DOOR PROMOTIONS 21‐2184 08/02/2021 Camp ‐ Staff Sweatshirts 100‐46‐6110 518.40 GREEN DOOR PROMOTIONS 21‐2184 08/02/2021 Program ‐ Staff Shirts 100‐46‐6110 202.80 Vendor GREEN DOOR PROMOTIONS LLC Total: 1,509.00 Vendor: HALOGEN SUPPLY COMPANY HALOGEN SUPPLY COMPANY 00567781 08/02/2021 Pool Vaccuum Connector 100‐42‐6110 21.52 Vendor HALOGEN SUPPLY COMPANY Total: 21.52 7/28/2021 3:40:20 PM 54 Expense Approval Register Packet: APPKT02163 ‐ 8‐2‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HANSEN'S ALIGNMENT, DON HANSEN'S ALIGNMENT, DON 2568 08/02/2021 327 (2568) 100‐22‐5370 90.00 Vendor HANSEN'S ALIGNMENT, DON Total: 90.00 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 452928‐H 08/02/2021 Microsoft Monthly M365 620‐00‐5110 4,058.87 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 4,058.87 Vendor: HOT SHOTS SPORTS HOT SHOTS SPORTS 2128 08/02/2021 Summer 1 Invoice for 100‐47‐5110 5,128.90 Vendor HOT SHOTS SPORTS Total: 5,128.90 Vendor: HRGREEN HRGREEN 139316 08/02/2021 professional services 100‐45‐5110 2,800.00 HRGREEN 139918 08/02/2021 professional services 100‐45‐5110 525.00 Vendor HRGREEN Total: 3,325.00 Vendor: IN‐PIPE TECHNOLOGY COMPANY INC IN‐PIPE TECHNOLOGY 1949 08/02/2021 INV# 1949 Monthly service fee 510‐32‐5110 7,750.00 Vendor IN‐PIPE TECHNOLOGY COMPANY INC Total: 7,750.00 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY 1903702005681 08/02/2021 barricade light batteries inv# 100‐33‐6110 89.52 Vendor INTERSTATE ALL BATTERY CENTER Total: 89.52 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3023677450 08/02/2021 415 (3023677450) 100‐33‐5370 10,475.62 INTERSTATE BILLING SERVICE 3024217210 08/02/2021 417 3024217210 100‐33‐5370 709.18 Vendor INTERSTATE BILLING SERVICE INC Total: 11,184.80 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 9038333 08/02/2021 kimball stock (9038333) 100‐33‐5370 377.08 Vendor KIMBALL MIDWEST Total: 377.08 Vendor: KIWANIS CLUB OF MCHENRY KIWANIS CLUB OF MCHENRY 10061 08/02/2021 Lunch Meeting 100‐06‐5430 15.00 Vendor KIWANIS CLUB OF MCHENRY Total: 15.00 Vendor: KOMLINE‐SANDERSON KOMLINE‐SANDERSON 42050377 08/02/2021 Dryer Discharege Door Gasket 510‐32‐5375 238.69 Vendor KOMLINE‐SANDERSON Total: 238.69 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 5058171 08/02/2021 304 (5058171) 100‐22‐5370 18.06 LANG AUTO GROUP, GARY 5058340 08/02/2021 310 (5058340) 100‐22‐5370 61.68 LANG AUTO GROUP, GARY 5058391 08/02/2021 310 (5058391) 100‐22‐5370 64.48 LANG AUTO GROUP, GARY 5058474 08/02/2021 311 5058474 100‐22‐5370 30.84 LANG AUTO GROUP, GARY 5058483 08/02/2021 311 5058483 100‐22‐5370 5.51 Vendor LANG AUTO GROUP, GARY Total: 180.57 Vendor: LANG ‐CADILLAC‐BUICK‐GMC INC, GARY LANG ‐CADILLAC‐BUICK‐GMC 5058390 08/02/2021 vehicle repairs 100‐45‐5370 171.64 Vendor LANG ‐CADILLAC‐BUICK‐GMC INC, GARY Total: 171.64 Vendor: LIFEGUARD STORE INC, THE LIFEGUARD STORE INC, THE INV001093698 08/02/2021 MMAC Champ Caps 100‐47‐6110 706.50 LIFEGUARD STORE INC, THE INV001097056 08/02/2021 Replacement Belt Straps 100‐42‐6110 43.50 Vendor LIFEGUARD STORE INC, THE Total: 750.00 Vendor: LIFTEK, INC LIFTEK, INC 3229 08/02/2021 Elevator Repair 100‐03‐5120 845.00 Vendor LIFTEK, INC Total: 845.00 Vendor: LOU'S GLOVES, INC LOU'S GLOVES, INC 042000 08/02/2021 Rubber gloves #042000 510‐32‐6110 478.00 Vendor LOU'S GLOVES, INC Total: 478.00 Vendor: MAD SCIENCE OF CHICAGO WESTERN SUBURBS MAD SCIENCE OF CHICAGO 1172 08/02/2021 Cont ‐ Robot Camp 100‐46‐5110 864.00 Vendor MAD SCIENCE OF CHICAGO WESTERN SUBURBS Total: 864.00 7/28/2021 3:40:20 PM 55 Expense Approval Register Packet: APPKT02163 ‐ 8‐2‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: MAGIC OF GARY KANTOR MAGIC OF GARY KANTOR 7‐21‐21 08/02/2021 Cont ‐ Magic Class 100‐46‐5110 112.00 Vendor MAGIC OF GARY KANTOR Total: 112.00 Vendor: MARKS TREE SERVICE & SNOW PLOWING CORP MARKS TREE SERVICE & SNOW 7‐17‐21 08/02/2021 Emergency Tree Removal 100‐33‐6950 3,000.00 Vendor MARKS TREE SERVICE & SNOW PLOWING CORP Total: 3,000.00 Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 449833 08/02/2021 small equipment 100‐45‐6270 11.91 MCHENRY POWER EQUIPMENT 450028 08/02/2021 streets (450028) 100‐33‐5370 7.65 Vendor MCHENRY POWER EQUIPMENT INC Total: 19.56 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 2021‐382 08/02/2021 Name Plates 100‐03‐5110 56.00 MCHENRY SPECIALTIES 2021‐390 08/02/2021 Softball Plaques 100‐47‐6110 160.00 Vendor MCHENRY SPECIALTIES Total: 216.00 Vendor: MEADE INC MEADE INC 697230 08/02/2021 Traffic Signal Maintenance ‐ 100‐33‐5110 651.45 MEADE INC 697231 08/02/2021 Traffic Signal Maintenance ‐ 100‐33‐5110 358.94 Vendor MEADE INC Total: 1,010.39 Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC MENDEZ LANDSCAPING & 10833 08/02/2021 Contractual Landscaping 100‐45‐5110 1,000.00 MENDEZ LANDSCAPING & 10962 08/02/2021 City Hall Landscaping 100‐03‐5120 600.00 Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total: 1,600.00 Vendor: METRO DOOR AND DOCK INC METRO DOOR AND DOCK INC 61575 08/02/2021 Shop repairs 100‐45‐5110 377.44 Vendor METRO DOOR AND DOCK INC Total: 377.44 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 240480W 08/02/2021 4" valve 6"X4" reducer 510‐35‐6110 932.50 MID AMERICAN WATER OF 241010W 08/02/2021 QTY‐3 6" Stainless Flange Kits 510‐32‐5375 156.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 1,088.50 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 211223 08/02/2021 469 (211223) 100‐33‐5370 84.67 MIDWEST HOSE AND FITTINGS 211551 08/02/2021 2" Cam Fittings INV# 211551 510‐32‐6110 37.98 Vendor MIDWEST HOSE AND FITTINGS INC Total: 122.65 Vendor: MIDWEST POWER INDUSTRY, INC MIDWEST POWER INDUSTRY, 395 08/02/2021 Generator Monitoring 620‐00‐5110 709.95 Vendor MIDWEST POWER INDUSTRY, INC Total: 709.95 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 95857 08/02/2021 notary stamp martenson 100‐03‐6210 39.38 MINUTEMAN PRESS OF MCH 95858 08/02/2021 Notary Stamp ‐ Cruz 100‐22‐6210 39.38 Vendor MINUTEMAN PRESS OF MCH Total: 78.76 Vendor: NORTHERN ILLINOIS SWIM CONFERENCE NORTHERN ILLINOIS SWIM 2021MCHENRY 08/02/2021 NISC Dues & Ribbon Order 100‐42‐5410 310.60 Vendor NORTHERN ILLINOIS SWIM CONFERENCE Total: 310.60 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17504057 08/02/2021 Electrical Supplies/Riverside Dr 290‐00‐8900 11,400.00 NORTHWEST ELECTRICAL 17507841 08/02/2021 Electrical Supplies 100‐45‐6110 275.82 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 11,675.82 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE #514221 08/02/2021 Beggs, Dauphin, Fernandez 100‐05‐5110 580.00 NORTHWESTERN MEDICINE 514182 08/02/2021 Blume (new hire) #514182 100‐05‐5110 80.00 NORTHWESTERN MEDICINE 514221 08/02/2021 Carey , Pardue (post accident) 610‐00‐6940 195.00 NORTHWESTERN MEDICINE 514436 08/02/2021 Francis (new hire) #514436 100‐05‐5110 25.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 880.00 7/28/2021 3:40:20 PM 56 Expense Approval Register Packet: APPKT02163 ‐ 8‐2‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: OFFICIAL FINDERS LLC OFFICIAL FINDERS LLC 4082 08/02/2021 Softball Umpires Summer 2021 100‐47‐5110 1,645.00 Vendor OFFICIAL FINDERS LLC Total: 1,645.00 Vendor: OLSSON ROOFING COMPNAY INC OLSSON ROOFING COMPNAY 21001667 08/02/2021 1900 Richmond (Covid) Roof 100‐33‐5110 468.50 Vendor OLSSON ROOFING COMPNAY INC Total: 468.50 Vendor: PETROCHOICE LLC PETROCHOICE LLC 50601595 08/02/2021 Fuel ‐ WW ‐ 50601595 510‐32‐6250 835.76 PETROCHOICE LLC 50601596 08/02/2021 Fuel ‐ WTR ‐ 50601596 510‐31‐6250 134.95 PETROCHOICE LLC 50601597 08/02/2021 fuel # 50601597 100‐45‐6250 365.44 PETROCHOICE LLC 50601598 08/02/2021 Fuel ‐ STS ‐ 50601598 100‐33‐6250 1,521.76 PETROCHOICE LLC 50601599 08/02/2021 Fuel 50601599 100‐22‐6250 2,768.97 PETROCHOICE LLC 50612183 08/02/2021 Fuel ‐ UTY ‐ 50612183 510‐35‐6250 358.23 PETROCHOICE LLC 50612198 08/02/2021 Fuel Bill 100‐03‐6250 113.29 PETROCHOICE LLC 50612199 08/02/2021 Fuel ‐ WW ‐ 50612199 510‐32‐6250 447.59 PETROCHOICE LLC 50612200 08/02/2021 fuel ‐ WTR ‐ 50612200 510‐31‐6250 184.07 PETROCHOICE LLC 50612201 08/02/2021 invoice # 50612201 100‐45‐6250 1,106.61 PETROCHOICE LLC 50612202 08/02/2021 Fuel ‐ STS ‐ 50612202 100‐33‐6250 791.64 PETROCHOICE LLC 50612203 08/02/2021 Fuel 50612203 100‐22‐6250 4,319.43 PETROCHOICE LLC 50620617 08/02/2021 Fuel ‐ UTY ‐ 50620617 510‐35‐6250 781.07 PETROCHOICE LLC 50620632 08/02/2021 Fuel ‐ WW ‐ 50620632 510‐32‐6250 223.02 PETROCHOICE LLC 50620633 08/02/2021 Fuel ‐ WTR ‐ 50620633 510‐31‐6250 97.35 PETROCHOICE LLC 50620634 08/02/2021 Fuel #50620634 100‐45‐6250 347.30 PETROCHOICE LLC 50620635 08/02/2021 Fuel ‐ STS ‐ 50620635 100‐33‐6250 990.87 Vendor PETROCHOICE LLC Total: 15,387.35 Vendor: PITEL SEPTIC INC PITEL SEPTIC INC 20002 08/02/2021 Toilet Rentals: Fiesta Days 100‐45‐5110 1,425.00 PITEL SEPTIC INC 20009 08/02/2021 Toilet Rentals 100‐45‐5110 560.00 Vendor PITEL SEPTIC INC Total: 1,985.00 Vendor: PROSHRED SECURITY PROSHRED SECURITY 990089912 08/02/2021 Monthly Shred 100‐22‐5110 68.67 Vendor PROSHRED SECURITY Total: 68.67 Vendor: RADICOM INC RADICOM INC 106414 08/02/2021 Radio filter 510‐31‐6110 597.50 Vendor RADICOM INC Total: 597.50 Vendor: REVIZE LLC REVIZE LLC 12061 08/02/2021 Website Design & Hosting 620‐00‐5110 4,234.00 Vendor REVIZE LLC Total: 4,234.00 Vendor: SHERWIN‐WILLIAMS CO, THE SHERWIN‐WILLIAMS CO, THE 8363‐0 08/02/2021 Sherwin Williams paint for plt 1 510‐31‐6110 136.43 Vendor SHERWIN‐WILLIAMS CO, THE Total: 136.43 Vendor: SITEONE LANDSCAPE SUPPLY, LLC SITEONE LANDSCAPE SUPPLY, 110956368‐001 08/02/2021 irrigation supplies 100‐45‐6110 23.74 Vendor SITEONE LANDSCAPE SUPPLY, LLC Total: 23.74 Vendor: SYNCB/AMAZON SYNCB/AMAZON 1231 7‐10‐21 08/02/2021 Office Supplies 100‐22‐6210 19.32 SYNCB/AMAZON 1231 7‐10‐21 08/02/2021 Office Supplies 100‐22‐6210 177.30 SYNCB/AMAZON 7‐10‐21 1231 08/02/2021 Office Supplies 100‐22‐6210 15.06 SYNCB/AMAZON 7‐10‐21 1231 08/02/2021 Office Supplies 100‐22‐6210 16.49 SYNCB/AMAZON 7‐10‐21 1231 08/02/2021 Office Supplies 100‐22‐6210 12.64 SYNCB/AMAZON 7‐10‐21 1231 08/02/2021 Office Supplies 100‐22‐6210 12.99 SYNCB/AMAZON 7‐10‐21 1231 08/02/2021 Office Supplies 100‐22‐6210 66.79 Vendor SYNCB/AMAZON Total: 320.59 Vendor: TEST GAUGE INC TEST GAUGE INC #INV1‐86943 08/02/2021 Back flow test kit recalibration 100‐03‐5110 102.32 Vendor TEST GAUGE INC Total: 102.32 7/28/2021 3:40:20 PM 57 Expense Approval Register Packet: APPKT02163 ‐ 8‐2‐21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: TEXAS REFINERY CORP TEXAS REFINERY CORP 222768 08/02/2021 grease (222768) 100‐33‐6250 457.00 Vendor TEXAS REFINERY CORP Total: 457.00 Vendor: THE RETAIL COACH, LLC THE RETAIL COACH, LLC 3673 08/02/2021 Service Agreement 120 days 100‐06‐5110 4,375.00 Vendor THE RETAIL COACH, LLC Total: 4,375.00 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 107580 08/02/2021 Street Signs ‐ INV# 107580 100‐33‐6110 692.05 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 692.05 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROC TIRE/ANTIOCH 002 7020043896 08/02/2021 441 INV# 7020043896 100‐33‐5370 1,478.75 Vendor TREDROC TIRE/ANTIOCH 002 Total: 1,478.75 Vendor: USA BLUEBOOK USA BLUEBOOK 632745 08/02/2021 Lab Supplies INV# 632745 510‐32‐6110 1,114.00 USA BLUEBOOK 632745 08/02/2021 Lab Supplies INV# 661095 510‐32‐6110 39.67 USA BLUEBOOK 67301 08/02/2021 Locating Flags ‐ UTY ‐ 670301 510‐35‐6110 194.98 Vendor USA BLUEBOOK Total: 1,348.65 Vendor: VERIZON WIRELESS VERIZON WIRELESS 9883290808 08/02/2021 Monthly Cell Phone 620‐00‐5320 2,294.58 Vendor VERIZON WIRELESS Total: 2,294.58 Vendor: VICTOR FORD, INC VICTOR FORD, INC 158476 08/02/2021 325 (158476) 100‐22‐5370 529.61 VICTOR FORD, INC 158532 08/02/2021 327 (158532) 100‐22‐5370 62.90 VICTOR FORD, INC 158621 08/02/2021 323 158621 100‐22‐5370 113.60 VICTOR FORD, INC 158632 08/02/2021 327 (158632) 100‐22‐5370 20.42 VICTOR FORD, INC 158793 08/02/2021 493 158793 100‐33‐5370 207.84 VICTOR FORD, INC 380628 08/02/2021 316 380628 100‐22‐5370 1,077.50 Vendor VICTOR FORD, INC Total: 2,011.87 Vendor: YOUNG REMBRANDTS ‐ MCHENRY & NORTH KANE COUNTIES, IL YOUNG REMBRANDTS ‐ 11183338 08/02/2021 Cont ‐ Cartooning Workshop 100‐46‐5110 1,200.00 Vendor YOUNG REMBRANDTS ‐ MCHENRY & NORTH KANE COUNTIES, IL Total: 1,200.00 Grand Total: 112,386.48 7/28/2021 3:40:20 PM 58 Expense Approval Register Packet: APPKT02163 ‐ 8‐2‐21 RECT INVOICE Fund Summary Fund Expense Amount 100 ‐ GENERAL FUND 71,109.88 290 ‐ TIF FUND 11,400.00 400 ‐ RECREATION CENTER FUND 1,385.00 510 ‐ WATER/SEWER FUND 16,460.46 610 ‐ RISK MANAGEMENT FUND 195.00 620 ‐ INFORMATION TECHNOLOGY FUND 11,836.14 Grand Total: 112,386.48 59 60 Wayne Jett, Jr. Mayor City of McHenry McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 www.cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: August 2, 2021 TO: McHenry City Council FROM: Wayne Jett, Jr., Mayor RE: Motion to approve the transfer of a Class A liquor license from Chen Jackpot Café, Inc. d/b/a Annie’s to Annie’s McHenry LLC ATT: Application AGENDA ITEM SUMMARY: Annie’s (formerly known as Chen’s Jackpot Café) is changing ownership to another LLC. The business will remain at the same location and nothing will fundamentally change other than the ownership. If the transfer of either liquor or video gaming is not approved, Chen Jackpot Café’ will remain as the owner and continue the business. ANALYSIS: All required paperwork has been submitted and the background check has been passed. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve the transfer of a Class A liquor license from Chen Jackpot Café, Inc. d/b/a Annie’s to Annie’s McHenry LLC 61 62 63 64 65 66 67 68 69 Monte Johnson Deputy City Clerk 333 S Gre en Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 mjohnson@cityofmchenry.org The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. REGULAR AGENDA SUPPLEMENT DATE: August 2, 2021 TO: Mayor and City Council FROM: Monte Johnson RE: Video Gaming License Application by Annie’s McHenry LLC AGENDA ITEM SUMMARY: Annie’s McHenry LLC has submitted an application for video gaming. The transfer of a liquor license from Chen Jackpot Café is on the agenda, and if the liquor license transfer is approved, Annie’s would like to keep the video gaming terminals. If the transfer of either liquor or video gaming is not approved, Chen Jackpot C afé’ will remain as the owner and continue the business. RECOMMENDATION: Therefore, if Council concurs, then it is recommended a motion be made to approve a video gaming license to Annie’s McHenry LLC at 4117 W Shamrock Lane. 70 71 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.cityofmchenry.org AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: August 2nd, 2021 Regular City Council Meeting RE: Purchase of Information Technologies Network Security Upgrades ATT: Two (2) Sales Quotes from ThinkGard LLC Agenda Item Summary: The purpose of this agenda item is to approve a budget amendment and authorize the execution of purchase agreement with ThinkGuard LLC for the purchase of necessary upgrades to the City’s Cisco Network Security System. Background/Analysis: Far and away the biggest cyber threat faced by municipalities today, including the City of McHenry is ransomware, where local governments are denied access to their files, computers or various secure data until an often egregious ransom is paid. Hackers are rapidly adjusting their tactics to impart the greatest financial damage by utilizing processes such as brute force attacks and credential harvesting, which are overtaking phishing emails as the leading methods for distributing ransomware to vulnerable targets. The City of McHenry needs to be aggressive in its efforts to reduce our vulnerabilities in the areas of cyber security. Every day the headlines show cyber criminals taking advantage of corporations and governments. Without a solid network security system in place, the City runs a risk of the loss of sensitive data, an interruption of services to the community and most likely significant financial losses. The City currently has a network security system in place which is continually evaluated for its effectiveness. As part of our recent cybersecurity analysis City Staff had identified the need to upgrade its network security and created a plan to do so over the next three budget years. However, given the recent climate regarding cyber-attacks and increased cybersecurity threats, City Staff now believes that this upgrade needs to happen immediately, and the following recommendations are being forwarded to City Council for consideration: 1.Approval of an ordinance amending the FY21/22 Information Technology Fund Budget in the amount of $81,762; and, 72 2. Authorize the execution of an agreement with vendor ThinkGard LLC in the amount of $98,862 for the installation, setup, support, maintenance of the Cisco Security product suite (Cisco Advanced Malware Protection, Cisco Secure Email, Duo Multifactor Authentication), and ongoing Managed Security Services and Cyber Security Incident Response Services. *Two items are noted. First, that the current FY21/22 IT Fund Budget includes $17,100 for cybersecurity enhancements, thus the difference between the total purchase agreement amount of $98,862 and the budget amendment amount of $81,762. The IT Fund has a fund balance of approximately $200,000. Second, the $98,862 is a 3-year agreement amount which is a discount of 7.5%, or $7,400, from what it would cost the City if it were paid on an annual basis. Again, this expenditure is needed to obtain the necessary software upgrades to the City’s Cisco Network Security System. The upgrade will add additional levels of security to ALL City computers and email addresses. For informational purposes, because of the specialized nature of IT items, Information Technology services are exempt from the need to obtain cost comparisons, write quotation comparisons, or competitive bidding per Paragraph of C of the City’s purchasing policy. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to approve an amendment to the FY21/22 Information Technology Fund Budget in the amount of $81,762; and, authorize the execution of an agreement for cybersecurity upgrade software and services with ThinkGard LLC in the amount of $98,862. 73 City of McHenry IL - Cisco Products (3-year) Reference: 20210727-194024625 Quote created: July 27, 2021 Quote expires: October 24, 2021 Quote created by: Nolan Griffin Sales Executive nolan@thinkgard.com +1 (205) 470-8121 Products & Services Item & Description SKU Quantity Unit Price Total AMP FOR ENDPOINTS PREMIER TIER MLIC SUB AMP FOR ENDPOINTS PREMIER TIER MLIC SUB MFR# AMP4E-PRE- CL-LIC 8GB6 74 200 $223.71 / three years $13,936.00 / three years after $30,806.00 discount for 3 years 3YR ADV MALWARE PROT ADD ON 3YR ADV MALWARE PROT ADD ON CLDS 100-499 MFR# CES- AMP 6LF60 9 140 $28.92 / three years $1,747.20 / three years after $2,301.60 discount for 3 years 3YR ANTISPAM OUTBREAK CENTRAL MGMT 3YR ANTISPAM OUTBREAK DLP RES CLDS CENTRAL MGMT TRK&RPT 100-499 MFR# CES- O365PREM-BNDL 6LG0 89 140 $72.66 / three years $3,168.20 / three years after $7,004.20 discount for 3 years CISCO ANNUITY DUO SECURITY - 3YR STANDARD CISCO DUO CLDS ACCESS EDITION 1-999 3YR STANDARD CISCO DUO CLDS ACCESS EDITION 1-999 7FG8 43 140 $216.00 / three years $23,546.60 / three years after $6,693.40 discount for 3 years City of McHenry IL 333 S. Green Street McHenry, IL 60050 Aaron Greve IT Manager agreve@cityofmchenry.org 815-363-2216 74 A HW TOKEN USED WITH A DUO SUB PERP A HW TOKEN USED WITH A DUO SUB PERP - MFR# DUO-TOKEN 7FK6 69 70 $30.11 $1,624.00 after $483.70 discount Subtotals Per three year subtotal $42,398.00 after $46,805.20 discount One-time subtotal $1,624.00 after $483.70 discount Total $44,022.00 [ sig|req|signer1 ] Aaron Greve agreve@cityofmchenry.org [ sig|req|signer2 ] Paul Franks paul@thinkgard.com Questions? Contact me Nolan Griffin Sales Executive nolan@thinkgard.com +1 (205) 470-8121 ThinkGard LLC 160 Yeager Pkwy, Suite 200 Pelham, AL 35124 75 United States 76 City of McHenry IL - CyberGard - Essentials (annualized) Reference: 20210727-084236265 Quote created: July 27, 2021 Quote expires: October 25, 2021 Quote created by: Nolan Griffin Sales Executive nolan@thinkgard.com +1 (205) 470-8121 Comments from Nolan Griffin This quote for the City of McHenry, IL includes annualized pricing for ThinkGard's Managed Cybersecurity Services. There is a 10% monthly recurring discount as the city is a current BDR customer. Products & Services Item & Description Quantity Unit Price Total CyberGard Security Essentials Includes the support and maintenance of a suite of Cisco security products below, ongoing Managed Security Services and CyberSecurity Incident Response services. *Cisco Advanced Malware Protection (AMP) *Cisco Secure Email (CSE) * Duo Multifactor Authentication Services include: - Ongoing monitoring and management of supported CyberGard Security platform. - Monthly review of security deployments and incidents - Developing and maintaining a security posture to protect the organization. - Maintaining and updating supported CyberGard security platform. - Researching new threats and developing countermeasures against them. - Making recommendations about security 1 $19,200.00 / year $17,280.00 / year after 10% discount for 3 years City of McHenry IL 333 S. Green Street McHenry, IL 60050 Aaron Greve IT Manager agreve@cityofmchenry.org 815-363-2216 77 improvements for the organization (outside the CyberGard solution). - Security incident management: in the event an incident occurs, ThinkGard staff will guide the organization through isolation and remediation. CyberGard Implementation Services A one-time fee that includes implementation, deployment, and optimization of all proposed CyberGard solutions and services. 1 $3,000.00 $3,000.00 Subtotals Annual subtotal $17,280.00 after $1,920.00 discount One-time subtotal $3,000.00 Total $20,280.00 78 Purchase Terms Terms & Conditions Term - This Agreement between Client and THINKGARD is effective upon the date signed by the Client, shall remain in force for a period of 3 year(s), and be reviewed yearly to address any necessary adjustments or modifications. Should adjustments or modifications be required that affect the monthly fees paid for the services rendered under this Agreement, said fee adjustment will be negotiated and agreed-to between the Client and THINKGARD in writing. Absent such a written adjustment, the Agreement automatically renews for a subsequent one-year term beginning on the day immediately following the end of the Initial Term unless either party gives the other thirty (30) day’s prior written notice of its intent not to renew this Agreement. This Agreement cannot be automatically renewed more than five (5) times. a. This Agreement may be terminated by the Client upon ninety (90) day’s written notice if THINKGARD: A. Fails to substantially complete or satisfy its obligations under this Agreement and does not cure any identified failure within ninety (90) days of receipt of written notice of said failure from the Client; B. Breaches any material term or condition of this Agreement and fails to remedy such breach within ninety (90) days of receipt of written notice of such a breach from the Client; C. Terminates or suspends its business operations, unless it is succeeded by a permitted assignee under this Agreement. b. If either party terminates this Agreement, THINKGARD will assist Client in the orderly termination of services, including timely transfer of the services to another designated provider. Client agrees to pay THINKGARD the actual costs of rendering such assistance. Actual costs could include but are not limited to: Training, data transfer, license transfers or equipment de-installation. If Client terminates this Agreement without cause, Client agrees to pay THINKGARD a termination fee equal to seventy five percent (75%) of remaining Agreement value. c. Client agrees to allow THINKGARD to assign, delegate, subcontract services to third party competent contractors approved by THINKGARD. 1. Services Provided Includes the support and maintenance of a suite of Cisco security products listed in THINKGARD proposal, ongoing Managed Security Services and CyberSecurity Incidence Response services THINKGARD will install any equipment if applicable 2. Incident Response services. Itemized in proposal 3. Catastrophe Service In the event of a breach, fees for consulting are included in Monthly Services Agreement. 4. Interference Client shall not, directly or indirectly, during the term of this Agreement and for twelve (12) months following its termination, induce or influence any employee of THINKGARD or any other person or entity to terminate their relationship with THINKGARD. 5. Warranty ThinkGard warrants: (1) it shall provide the Services in a professional, workmanlike manner consistent with this Agreement and generally accepted industry standards of care and competence; and (2) for ninety (90) days after date of delivery, the Services shall materially conform to their descriptions set forth on the proposal These warranties are voided to the extent of any alterations to any Services are not performed or authorized by the Company. Client must bring any breach of these warranties to the Company’s attention promptly in writing within thirty (30) days of the date that the Services that are the subject of the breach were performed. Upon any breach of the warranties set forth in this section, the Company may, at its election: (1) use reasonable efforts to re-perform such Services or to correct any defect, at no charge to Client; or (2) terminate the applicable Service and return of the fees paid by Client to the Company for such non-conforming Services (without interest). THE REMEDIES SET FORTH ABOVE SHALL BE CLIENT’S SOLE REMEDY AND THE COMPANY’S SOLE LIABILITY WITH RESPECT TO A BREACH BY COMPANY OF THE WARRANTIES SET FORTH IN THIS SECTION. ThinkGard will not be responsible for any unauthorized access, alteration, theft or destruction of Client Data, unless caused as a result of ThinkGard’s negligence or intentional misconduct, in which case ThinkGard’s only obligation and Client’s exclusive remedy is for ThinkGard to use commercially reasonable efforts to restore the Client Data from the most recent back-up. ThinkGard is not responsible for unauthorized access, alteration, theft or destruction of Client Data arising from Client’s own or its Authorized Users’ actions or omissions in contravention of the Documentation. In the event that ThinkGard has determined that a Security Breach will or is likely to cause harm to the Client or an Authorized User, ThinkGard will, as promptly as practicable but in no event later than as required by law, provide Client with notice of the Security Breach. After initial notification, ThinkGard will keep Client updated at periodic intervals on the steps taken by ThinkGard to investigate the Security Breach including providing a reasonably detailed incident report, including measures to be taken by the Client to minimize potential damages. Such report will be provided promptly but no later than thirty (30) days following completion of the report. The Parties understand and agree that if ThinkGard is prevented by law or regulation from providing such notice(s) and/or reports within the time frames, such delay shall be excused. 6. Confidentiality Each party shall treat the information received from the other party that is designated as confidential ("Confidential Information") as a trade secret and strictly confidential. THINKGARD designates the Deliverables and all information relating to the Deliverables as confidential. Both parties shall: (i) restrict disclosure of Confidential Information to employees and agents solely on a "need to know" basis; (ii) advise employees and agents of their confidentiality obligations; (iii) use commercially79 reasonable means to comply with the confidentiality obligations of this Agreement; and (iv) notify the other of any unauthorized possession or use of that party’s Confidential Information as soon as practicable after receiving notice of same. Notwithstanding the foregoing, neither party shall be obligated to preserve the confidentiality of any information which: (i) was previously known; (ii) is a matter of public knowledge; (iii) was or is independently developed; (iv) is released for disclosure with written consent; or (v) is received from a third party to whom the information was disclosed without restriction. 7. Equipment and Facilities Client agrees that THINKGARD may utilize certain items of Their equipment and may gain access to certain parts of The Client's facilities. Facility access may be denied for any reason at any time, however if access to facilities is denied, The Client understands that THINKGARD may be unable to perform their duties adequately and if such a situation should exist, THINKGARD will be held harmless. 8. Passwords THINKGARD acknowledges that it must have remote access to perform their duties under this Agreement. THINKGARD will require a CCO (Cisco Connection Online) associated with customer’s Cisco Security and licensing, to perform mutually agreed upon services. 9. No Third Party Beneficiary Client shall not subcontract, assign, subrogate or transfer any interest, obligation or right under this Agreement without prior written consent from ThinkGard, and any such attempt shall be null and void. Except that a board of a governing authority cannot bind their successors in office to contracts beyond their term of office and extension beyond its term is voidable by the successor Board. 10. Dispute Resolution This Agreement shall be governed by the state and Federal laws applicable to the State of Alabama, U.S.A. 11. Limitation of Liability IN NO EVENT, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL THINKGARD OR ITS LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTIES UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, COSTS, LOSSES OR EXPENSE, (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OR INTERRUPTION OF USE, LOSS OF DATA, DAMAGE TO NETWORKS, EQUIPMENT, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY), OR ANY AMOUNTS IN EXCESS OF THE ORIGINAL AMOUNTS PAID TO THINKGARD. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 12. Force Majeure & Malicious Acts THINKGARD shall not be liable for any loss, damage or failure due to causes beyond its control, including strikes, riots, earthquakes, epidemics, wars, fires, floods, weather, power failure, telecommunications and/or internet interruptions, the failure or closure of a financial institution, computer malfunctions, acts of God or any other failure, interruption or error not directly caused, or reasonably anticipated, by THINKGARD. 13. Taxes. Client shall be solely responsible for any taxes or similar charges arising out of this Agreement, including all applicable Federal, State or local sales taxes, customs, duties, use taxes, value-added taxes, excise charges or brokerage fees. Client shall also be solely responsible for assessing and remitting payment for any such items to the appropriate authorities. 14. Warranty of Representative Capacity Client warrants that its undersigned representative has the authority and capacity to bind Client to the terms and conditions of this Agreement and understands that THINKGARD has reasonably relied upon such warranty and promises as an inducement to enter into this Agreement. 15. Severability If a court or quasi-judicial body subsequently determines that one or more of the provisions of this Agreement is unlawful, then the provisions deemed unlawful, and only those provisions, shall be rendered void and shall be considered severed from the other terms and conditions of this Agreement. 16. Additional Documents The Parties agree to cooperate to the extent possible and execute any and all supplementary documents and to take all additional actions which may become necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 17. Remedy Upon Client’s Payment Default: Client agrees that in the event it defaults on its payment obligations under this Agreement, THINKGARD shall: a) To the extent provided by law have the right to pursue any and all available legal remedies to collect said sums, including through the immediate filing of an action in a court of law Alabama and/or the federal jurisdiction which includes said County of Shelby. 18. Understanding The undersigned have read and understood each and every provision of this Agreement and agree that, at a minimum, prior to executing this Agreement, they were each given sufficient time and the opportunity to present the Agreement to an attorney for clarification of the meaning and function of each and every provision. 19. Integrated Agreement This Agreement embodies the entire understanding of the Parties and all of the terms and conditions with respect to the matters discussed in this Agreement and that the terms are contractual and are not mere recitals. The Parties agree this Agreement supersedes and annuls any and all other or former Agreements, contracts, promises or representations, whether written or oral, expressed or implied, and it may not be altered, superseded or otherwise modified except in a writing signed by the party to be charged. 20. Immigration By signing this contract, the contracting parties affirm, for the duration of the Agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. By signing ThinkGard's Proposal, Client agrees to pricing and services terms indicated on proposal pricing pages. 80 [ sig|req|signer1 ] Aaron Greve agreve@cityofmchenry.org [ sig|req|signer2 ] Paul Franks paul@thinkgard.com Questions? Contact me Nolan Griffin Sales Executive nolan@thinkgard.com +1 (205) 470-8121 ThinkGard LLC 160 Yeager Pkwy, Suite 200 Pelham, AL 35124 United States 81 ORDINANCE NO. 21- AN ORDINANCE AMENDING THE FY2021/2022 BUDGET FOR THE FISCAL YEAR ENDING APRIL 30, 2022 WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City of McHenry acting by and through its Mayor and City Council has previously approved the FY21/22 Annual Budget for the Fiscal Year Ending April 30, 2022 by a motion at the Regular City Council Meeting held on April 19, 2021; and WHEREAS, it is necessary and appropriate to delete, add to, or otherwise change certain line items in said Budget Ordinance as provided in Exhibit A to this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That the amendments to the Budget Ordinance for the Fiscal Year Ending April 30, 2020 are hereby approved in the form and content as provided by Exhibit “A” which is attached hereto and made part hereof. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 2nd day of August, 2021. Ayes Nays Absent Abstain Alderman Devine _____ _____ _____ _____ Alderman Glab _____ _____ _____ _____ Alderman Harding _____ _____ _____ _____ Alderman McClatchey _____ _____ _____ _____ Alderwoman Miller _____ _____ _____ _____ 82 Alderman Santi _____ _____ _____ _____ Alderman Strach _____ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk 83 EXHIBIT A The following budget items are amended by this Ordinance: FY21/22 Information Technology Fund - $81,762 84 DATE: August 2, 2021 TO: Mayor and City Council FROM: Deril< MorefleldI City Administrator Department Directors RE: Staff Report for August 2, 2021 The purpose of this report is to provide the City Council and public with the most up-to-date information regarding the latest projects and happenings within the municipal government of the City of McHenry. This report is organized by operating department and will be updated and transmitted as part of each City Council Agenda Packet. Council is welcome to contact any Department Director for more information on any item included in this report, as well as topics from previous reports or items not included in the report. This report does not include projects or other information that is considered confidential in nature. GENERAL ADMINISTRATION/FINANCE/HUMAN RESOURCES Contacts: Derik Morefield, City Administrator-815/363-2108; Carolyn Lynch, Director of Finance — 815/363-2117; Ann Campanella, Director of Human Resources — 815/363-2112 American Rescue Plan Act (ARPA) Funding The City has been notified that it may now formally request its allotment from the Coronavirus Local Fiscal Recovery Fund. The preliminary amount has been increased from $3.1 million to $3,678,728. Once information is provided and approved, funding will be distributed in two payments the first 30 days after submission and the second 12 months after that date. Water and Sewer Fund Status Presentation This presentation and discussion, originally scheduled for the August 2, 2021 City Council Meeting, has been rescheduled for the Monday, August 161h meeting. Workers Compensation Loss Reduction The City realized a $337,897 reduction in Workers Compensation losses for the MCMRMA year end of 6/30/21 compared to 6/30/20. Employee Wellness Health Risk Assessments for the City's wellness program will take place on August 17th and August 24th COMMUNITY DEVELOPMENT Contact: Ross Polerecky, Director of Community Development — 815/363-2182 1401 Riverside Drive (Former Town Club) Staff has received preliminary floor plans for this establishment. Architects and engineers are still working on structural issues but the department should have a formal submittal in the coming weeks. Home Goods - 3340 Shoppers Drive Staff has issued a building permit for the former Bed Bath and Beyond site in the Shops at the Fox River. The site will become a Home Goods store which is similar in nature to the Bed Bath and Beyond. Ride and Shine Car Wash Civil and architectural drawings for a new car wash located between B&B Auto and El Gordo's restaurant have been submitted. Authentix of McHenry Staff and engineers are still reviewing architectural plans for the 288-unit apartment complex behind Aldi. The developer anticipates groundbreaking this fall. ECONOMIC DEVELOPMENT Contact: Doug Martin, Director of Economic Development — 815/363-2110 RFP for Central Wastewater Treatment Plant The due date for the RFP submittal for the redevelopment of the central wastewater treatment plan has been extended by one month to September 2, 2021 in order to provide additional time for the development of submittals. Parking letter sent to downtown businesses Staff sent a letter with maps of all of the downtown parking lots to 93 downtown businesses explaining the recently approved residential and business parking permits. Business/Community Promotion Window Clings Staff and Mayor Jett are working with Sticker Dude and property owners to develop and place window clings on windows of vacant properties. The goal is twofold — to improve the unsightly appearance of otherwise vacant storefronts, and to promote other businesses and events happening in the community. Staff is seeking sponsorships to pay for the window clings. Tiny Shops The Department has been coordinating with the McHenry Area Chamber and District 156 to develop a concept for the location of incubator "Tiny Shops" in the community. This exciting business -incubator concept has been successful in other communities and, in summary, are small -footprint, temporary locations that would be starting locations, or incubators, for entrepreneurs. As envisioned, an interested entrepreneur would complete an application and selection process and must commit to a full season with set days and hours (yet to be determined) at the location if selected. If successful, it is anticipated that businesses would then transition to larger, permanent locations in town, thus filling vacant or underutilized space. A planning committee has been put together comprised of representatives of the City, Chamber and McHenry School District #156 and the committee has recently held their first meeting. Miller Point has been identified as a potential location for the development of the shops. It is anticipated that a full concept could take up to 18 months to develop, market, select and implement. More information will be provided to Council as the concept is developed, along with any approvals that may be needed. To get a better idea of this concept, please visit www.downtownbatavia.com/batavia-boardwalk-shops in Batavia, Illinois. PARKS &RECREATION Contact: Bill Hobson, Parks & Recreation Director — 815/363-2159 • Progress continues on the natural park concept at Knox Park. The first phase of the path has been installed as well as the first major element a large stone structure to easily climb on. • The playground installation at Pebble Creek Park has been completed. The aging playground was completely replaced. Knox Park playground will also be replaced this year. • Staff met with two playground installers as well as the neighborhood developer to finalize plans for development and installation of the park on Galway in the Legend Lakes neighborhood. We are hoping that the developer will donate some concrete work and some site work. • The removal and replacement of the courts at Petersen Park is awaiting sport court painting. The entire surface was removed, enlarged and replaced. New fencing has been installed around the courts, that will include (1) basketball court, (2) tennis courts and (2) pickleball courts. • Parks and Recreation Maintenance staff have been performing a significant amount of tree trimming over the past two weeks. Creekside Park in McHenry Shores was completely opened through the trimming and removal on a number of trees. • Summer camps and swim lessons are virtually sold out for all sessions throughout the ��ni�liitai2 POLICE Contact: John Birk, Chief of Police — 815/363-2200 Calls for Service Between July 1st, 2021 and July 26th, 2021 the McHenry Police Department handled 1740 calls for service. Calls of note are: • On July 15th, 2021, the police department responded to the intersection of Chapel Hill Road and IL Route 120 for a reported vehicle versus motorcycle crash. The operator of the motorcycle, a 37-year-old male of Antioch, died as result of his injuries. The driver of the vehicle, a 67-year-old male of Island Lake, was taken into custody and charged with several violations, including Aggravated Driving Under the Influence of Alcohol. • On July 16th, 2021, the police department responded to Jiffy Lube, 1807 N. Richmond Rd., for a reported vehicle versus pedestrian crash. Officers learned a vehicle driven by a 71- year4d female of Genoa City, WI, was entering the business when it accelerated through the service bay and struck an employee. The employee, a 29-year-old male of Crystal Lake, died as a result of his injuries. This incident is still under investigation. Public Relations /Affairs The police department continues to prepare for its National Night Out Event. Once again we will partner with the McHenry County Sheriff's Office, McHenry County Conservation District Police, Johnsburg Police Department, and the McHenry Township Fire Protection District to bring this event to our community. Please join us at Peterson Park on Tuesday, August 3rd, 2021 starting at 5:OOPM. Personnel Update The following personnel have recently completed the respective years of service with the McHenry Police Department: • Sergeant Robert Lumber — 27 years Training Officer Jack Zumwalt completed a 40-Hour Basic Evidence Technician course hosted by the Zion Police Department. Officer Jason Ducak completed a Use of Force Workshop for Patrol hosted by the Buffalo Grove Police Department. PUBLIC WORKS Contact: Troy Strange, Director of Public Works — 815/363-2186 Street sion Normal summer operations including pothole patching, street sweeping, and ROW mowing are currently ongoing. Street Division staff are currently beginning construction of ADA sidewalk ramps in advance of the project at approved 2022 Road Resurfacing Program project locations. This work is anticipated to be ongoing throughout the duration of the fall. Utility Division Storm sewer rehabilitation and repairs for 2022 Road Program locations are currently being completed. This work includes televising of all storm sewers, inlet and manhole inspections, replacement of failed pipe sections as necessary, resetting of frames and grates, as well as sealing and grouting of the interiors of structures. 2022 Road Resurfacing Program On July 26, the Public Works Committee Meeting for 2022 Road Resurfacing Program location selection was held. The 2022 Program will include approximately $4 Million in resurfacing of local roads. The proposed program was approved as presented with one minor modification and will be presented to the full City Council for approval later this month. Pre -stage work and utility repairs will be completed throughout the duration of the fall by Public Works Personnel, Knox Park Parking Rehabilitation Staff have kicked off design engineering with Christopher B. Burke Engineering for the rehabilitation of the Knox Park Parking Area. Design is to be completed on an aggressive schedule in order to begin construction in October with the intent of completing the project prior to winter. North Main Street Parking Improvements The North Main Street Parking Facility was resurfaced by Rabine Paving the week of July 19. The project was completed in three days and included full asphalt removal and replacement as well as pavement markings.