HomeMy WebLinkAboutPacket - 12/20/2021 - 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, December 20, 2021, 7:00 p.m.
City Council Chambers, 333 S Green St, McHenry, IL 60050
This meeting is in-person. This is not a remote meeting. The 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 view the meeting from the following link:
https://cityofmchenry.zoom.us/j/85191580186
1. Call to Order.
2. Roll Call.
3. Pledge of Allegiance.
4. Public Hearing: Public Hearing for the 2021 Property Tax Levy in the amount of $3,073,069.
A. Motion to adopt the 2021 Property Tax Levy Ordinance in an amount not to exceed $3,073,069.
5. Public Comments:
6. Consent Agenda. Motion to Approve the following Consent Agenda Items:
A. Approval of Ordinances for the abatement of property taxes levied, as follows: (Finance Director
Lynch)
a. GO Bonds (Refunding) Series 2020A in the amount of $369,200.00;
b. GO Bonds (Alternate) Series 2012 in the amount of $207,932.50;
c. GO Bonds (Refunding) Series 2013 in the amount of $34,480.00; and,
d. GO Bonds (Refunding) Series 2015 in the amount of $579,278.76.
B. Approval of Ordinance amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking
Regulations; (Deputy Clerk Johnson)
C. Approval of various items related to the City of McHenry Shamrocks the Fox St. Patrick’s Day
Festival to be held on Saturday, March 12th and Sunday, March 13th; and, an Ordinance amending
the FY21/22 Tourism Fund Budget in an amount not to exceed $10,000; (Recreation Director
Hobson)
D. Award of Contract in the amount of $60,400.00 to Christopher B. Burke Engineering, Ltd for
Professional Engineering Services for the South Main Street Parking Lot Reconstruction Project;
(Public Works Director Strange)
E. Award of Contract in the amount of $21,150.00 to Baxter and Woodman, Inc for Professional
Engineering Services for the South Riverside Drive Parking Lot Construction Project; (Public
Works Director Strange)
F. Approval of a Dual Representation and Waiver of Conflict Agreement between the City of
McHenry and Woodstock Fire/Rescue District for legal services related to the Intergovernmental
Agreement for Dispatch Services; (Attorney McArdle)
G. Authorize the Chief of Police to sign a dispatch center maintenance agreement with Radicom for
an additional (5) five years and pay an amount not to exceed $322,000.64 after May 1, 2022 from
ETSB Grant Funds
H. Authorization to sign and execute Intergovernmental Agreements as follows:
a. Authorizing the Mayor to enter into a five year agreement with the Cary Fire Protection
District allowing the City to provide emergency
b. Authorizing the Mayor to enter into a five year agreement with the Fox River Grove Fire
Protection District allowing the City to provide emergency dispatch services for a term
beginning on May 1, 2022 and ending on April 30, 2027.
c. Authorizing the Mayor to enter into a five year agreement with the Nunda Fire Protection
District allowing the City to provide emergency dispatch services for a term beginning
on May 1, 2022 and ending on April 30, 2027.
d. Authorizing the Mayor to enter into a five year agreement with the Woodstock Fire
Protection District allowing the City to provide emergency dispatch services for a term
beginning on May 1, 2022 and ending on April 30, 2027.
e. Authorizing the Mayor to enter into a five year agreement with the Village of Fox River
Grove (Fox River Grove Police Department) allowing the City to provide emergency
dispatch services for a term beginning on May 1, 2022 and ending on April 30, 2027 and
allow for agreement modifications at the Mayor’s discretion that are not related to
dispatch fees.
I. December 6, 2021 City Council Meeting Minutes;
J. Issuance of Checks in the amount of $292,512.59;
K. Issuance of As Needed Checks in the amount of $118,388.51.
7. Individual Action Item Agenda.
A. Motion to authorize the Mayor to sign and send a follow up letter to all gaming operators in the
City abating collection and remittance of the Push Tax through the end of 2021. (Attorney
McArdle)
8. Discussion Items.
9. Executive Session as needed.
10. Staff Reports.
A. No Staff Report is provided for this meeting.
11. Mayor’s Report.
12. City Council Comments.
13. 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.
Office of Finance & Accounting
Carolyn Lynch, Director
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.ci.mchenry.il.us
PUBLIC HEARING SUPPLEMENT
DATE: December 20, 2021
TO: Mayor and City Council
FROM: Carolyn Lynch, Finance Director
RE: Public Hearing and Consideration of the 2020 Tax Levy Ordinance
ATTACHMENTS: Exhibit A – Proposed Real Estate Tax Levy by Fund
2020 McHenry County Tax Rates
2021 Property Tax Levy Ordinance
______________________________________________________________________________
AGENDA ITEM SUMMARY:
The purpose of this a genda item is to conduct the 2021 Property Tax Levy Public Hearing and to
provide the City Council with information needed for the adoption of the 20 21 Property Tax Levy
Ordinance.
BACKGROUND/ANALYSIS :
General Fund Revenues provide the funding source for operating and capital improvement costs for all
municipal departments except for the Water and Sewer Divisions of Public Works (water and sewer
receipts and base fees) and the Recreation Center (members fees). Examples of capital improvement
costs are facility maintenance and vehicle and equipment replacements.
The table below is provided as a reminder of the sources of revenue that comprise the General Fund,
along with the budgeted dollar amounts and corresponding percentages for Fiscal Year 21/22. Again, all
General Fund revenues are accounted for in one of the line items below. As Council can see, $18,919,122
(78.25%) of General Fund Revenues are comprised of four primary sources – Property Tax, State Sales Tax,
Local Sales Tax, and State Income Tax (shaded rows). Of these four prim ary sources of funding, the
municipality only has the ability and authority to adjust two – Property Tax and Local Sales Tax. These
two sources represent just 31.90% of General Fund Revenues.
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General Fund Revenues
FY2021/22
Property Taxes 4,950,359 20.47%
State Sales Tax 8,212,951 33.97%
Local Sales Tax 2,762,399 11.43%
State Income Tax 2,993,413 12.38%
State Replacement Tax 65,000 0.27%
State Telecommunications Tax 270,000 1.12%
Pull Tabs 900 0.00%
Intertrack Wagering 15,000 0.06%
Video Gaming 550,000 2.27%
Franchise Fees 350,000 1.45%
Licenses and Permits 257,500 1.07%
Fines and Forfeitures 312,000 1.29%
Charges for Services 1,103,539 4.56%
Reimbursement 2,094,251 8.66%
Interest Income 20,000 0.08%
Miscellaneous 221,000 0.91%
Total General Fund Revenue 24,178,312 100.00%
With this information, and as Council considers setting the Property Tax Levy amount moving forward, it
is important to identify that the City Administration has been conducting a comprehensive analysis of
General Fund operating and capital replacement and maintenance needs for the pu rpose of developing a
new Community Investment Plan strategic planning document. This will be presented to Council in
November. As part of this analysis, Staff has identified that costs related to these needs will exceed
revenues by FY25/26. This trend will continue beyond FY25/26 and without introducing new or
increased funding sources, capital replacement and maintenance items will need to be deferred and
services will most likely be impacted.
Despite the fact that as a “Home Rule” community the City o f McHenry is no longer subject to the Property
Tax Extension Limitation Law, or PTELL - which limits increases to residents’ property taxes by preventing
a local government’s property tax levy from growing at a faster pace than the rate of inflation, or 5%,
whichever is less - the City has continued to follow PTELL guidelines for establishing the property tax levy.
In fact, for the years 2011-2015 the City chose to maintain a flat property tax levy request at the amount
that was requested in 2010. In 2016, Council chose to decrease the property tax levy request by 3%. And
in 2017-2020 the levy was again maintained flat from the 2016 reduced amount.
Unfortunately, while the City has attempted to have an impact on reducing property taxes through these
actions, a reduction to the City’s portion of the property tax levy has not resulted in reductions to property
tax bills. Change in EAV also drives change in the property tax bill. When the EAV declines the tax rates
4
must go up in order to fully fund the p roperty tax levy because the same amount of money needs to be
collected across the new lower values as requested by all taxing districts. For 2020, the EAV increased for
the fifth consecutive year so the tax rates for the City went down slightly lowering the City’s portion of
the tax bill. In fact, in 2020 that portion of a resident’s tax bill directed to the City of McHenry was only
6.3% of the total amount. However, this does not take into consideration actions taken by the other
taxing jurisdictions that comprise the total property tax bill. As an example, in 2015 the City of McHenry
kept its portion of the property tax bill the same as 2014, but the amount of property tax paid by the
owner of a $200,000 home actually increased by $43.51 due to levy i ncreases by other taxing bodies.
Of note, actions of the City to maintain a flat or reduced Property Tax Levey have resulted in a net loss of
revenue to the City between 2010 and 2020 of $6,439,383. If this practice is maintained for the next 10
years (through 2031), revenue losses will be an additional $19,391,960 ($25,831,343 total over 20-year
period).
Based on the totality of the information that has been reviewed in this memorandum, and with input from
the discussion at the City Council Meeting on N ovember 2, 2021, staff is forwarding a recommendation
to increase property taxes to the PTELL value of $4,737,941 a net increase of $119,155 over 2020. It is
important to note with the issuance of the Pension Obligation Bonds the City will have a separate levy for
the annual bond costs. The 2021 Pension Obligation Levy is $1,664,872. With this being said, the 2021
levy will actually be set at $3,073,069 in order for the total levy (Pension Obligation Bond levy and City
Levy) to equal the PTELL Value.
If Council concurs, the following is recommended: 1) conducting a public he aring regarding the
proposed 2021 Property Tax Levy in an amount of $3,073,069 and, upon closing the public
hearing; 2) consideration of the 20 21 Property Tax Levy Ordinance in an amount not to exceed
$3,073,069.
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EXHIBIT A
CITY OF McHENRY
PROPOSED REAL ESTATE TAX LEVY
2021 TAX LEVY
Equalized Assessed Valuation (EAV)* $785,610,872 (5.6% Increase)
Purpose Estimated Rate Proposed Levy
Corporate 0.0552 $ 410,150
Police Protection 0.0737 $ 547,959
Audit 0.0036 $ 26,427
Insurance 0.0673 $ 499,994
IMRF 0.0537 $ 399,194
Social Security 0.0758 $ 563,745
Police Pension 0.0842 $ 625,600
TOTAL 0.4134 $ 3,073,069
*Estimated
6
2020 Tax Percent
Government Unit Rate Amount of Total
McHenry County 0.762108 $508.07 7.70%
McHenry Co. Conservation 0.223645 149.10 2.26%
MCC College District 0.343310 228.87 3.47%
School Dist. #15 4.583973 3055.98 46.29%
School Dist. #156 2.330950 1553.97 23.54%
McHenry Fire District 0.523210 348.81 5.28%
McHenry Library 0.289940 193.29 2.93%
McHenry Twnshp.0.062051 41.37 0.63%
McHenry Twnshp. Rd. & Br. 0.162492 108.33 1.64%
McHenry City 0.620882 413.92 6.26%
9.902561 $6,601.71 100.00%
2020 Tax Percent
Government Unit Rate Amount of Total
McHenry County 0.762108 $508.07 7.69%
McHenry Co. Conservation 0.223645 149.10 2.26%
MCC College District 0.343310 228.87 3.47%
School Dist. #15 4.583973 3055.98 46.27%
School Dist. #156 2.330950 1553.97 23.53%
McHenry Fire District 0.523210 348.81 5.28%
McHenry Library 0.289940 193.29 2.93%
McHenry Twnshp.0.062051 41.37 0.63%
McHenry Twnshp. Rd. & Br. 0.162492 108.33 1.64%
McHenry City 0.625300 416.87 6.31%
$9.906979 $6,604.66 100.00%
City of McHenry ‐ PTELL (1.4%) Property Taxes
2021 Property Taxes on $200,000 Home
By Government Unit
City of McHenry
2020 Property Taxes on $200,000 Home
By Government Unit
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ORDINANCE NO. 21-
2021 PROPERTY TAX LEVY ORDINANCE
AN ORDINANCE FOR THE LEVY OF TAXES FOR THE CITY OF McHENRY, McHENRY COUNTY,
ILLINOIS FOR THE YEAR 2021
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 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.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS as follows:
SECTION 1: That at tax for the following sums of money, or as much thereof as may be
authorized by law to defray all expenses and liabilities of the City of McHenry, be and the same
are hereby levied for the purposes specified against all taxable property in the City of McHenry
for the year 2021 in the respective sums as follow, to-wit:
Article I
General Fund Levy
Administration Department
Salaries - Regular 13,932
Overtime - Regular -
Salaries - Seasonal -
Salary Adjustments -
Board/Commission Expense -
Youth Commission -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 16,858
IMRF Retirement 24,507
Uniform Allowance -
Contractual Services -
Legal Fees -
Postage and Meter -
Telephone -
Printing and Publishing -
Repair & Maintenance -
Dues -
Travel Expenses -
Training -
Tuition Reimbursements -
8
Publications -
Utilities -
IMF Expense -
Materials & Supplies -
Office Supplies -
Gasoline & Oil -
Small Equipment -
Administrative Expense -
Capital - Land Acquisition -
Buildings -
Equipment -
Capital - Furniture -
Purchase of Service - Risk Management -
Purchase of Service - Information Technology -
Transfer - Employee Insurance Fund -
Transfer - Capital Improvements -
Total Administration Department 55,297
Elected Officials Department
Salaries - Regular -
Overtime - Regular -
Salary Adjustments -
Salaries - Elected Officials -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 2,563
IMRF Retirement -
Uniform Allowance -
Contractual Services -
Postage and Meter -
Telephone -
Printing and Publishing -
Dues -
Travel Expenses -
Training -
Publications -
Materials and Supplies -
Office Supplies -
Small Equipment -
Employee Recognition -
Administrative Expense -
Purchase of Service - Information Technology -
Transfer - Employee Insurance Fund -
Total Elected Officials Department 2,563
Community Development Department
Salaries - Regular 18,814
Salaries - Part Time -
Salaries - Temporary - Census -
9
Overtime - Regular -
Salary Adjustments -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 23,849
IMRF Retirement 33,006
Uniform Allowance -
Contractual Services -
Postage and Meter -
Telephone -
Printing and Publishing -
Repairs and Maintenance - Vehicles -
Dues -
Travel Expenses -
Training -
Tuition Reimbursement -
Publications -
Materials and Supplies -
Office Supplies -
Fuel and Lubricants -
Small Tools and Equipment -
Capital Lease Principal Payments -
Capital - Buildings -
Equipment -
Capital - Vehicles -
Purchase Service - Risk Manag ement -
Purchase Service - Information Technology -
Transfer - Employee Insurance Fund -
Total Community & Economic Development Department 75,669
Finance Department
Salaries - Regular 13,022
Salaries - Part Time -
Overtime - Regular -
Salary Adjustments -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 16,507
IMRF Retirement 22,844
Uniform Allowance -
Contractual Services -
Postage and Meter -
Telephone -
Printing and Publishing -
Dues -
Travel Expenses -
Training -
10
Tuition Reimbursement -
Publications -
Materials and Supplies -
Office Supplies -
Gasoline & Oil -
Small Tools and E quipment -
Administrative Expense -
Development Expense -
Miscellaneous Refunds -
Debt Service Transfer -
Transfer - Special Service Area -
Transfer - Motor Fuel Tax Fund -
Purchase Service - MCMRM -
Purchase Service - Information Technology -
Transfer - Employee Insurance Fund -
Transfer - Capital Improvement Fund -
Transfer - Band Fund -
Transfer - Civil Defense -
Transfer - Capital Equipment Fund -
Total Finance Department 52,373
Human Resources Department
Salaries - Regular 6,361
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 8,064
IMRF Retirement 11,160
Contractual Services -
Training -
Purchase Service - Information Technology -
Total Human Resources Department 25,585
Economic Development Department
Salaries - Regular 6,904
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 8,751
IMRF Retirement 12,112
Contractual Services -
Postage & Meter -
Printing and Publishing -
Dues -
Travel Expenses -
Training -
Materials and Supplies -
Bulk Office Supplies -
Purchase Service - Information Technology -
11
Total Economic Development Department 27,767
Police Department
Salaries - Regular 14,018
Salaries - Sworn 739,442
Salaries - Part -Time -
Overtime - Regular -
Overtime - Sworn -
Career Ladder -
Salary Adjustments -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 274,904
IMRF Retirement 25,296
Contribution - Police Pension 625,600
Uniform Allowance -
Contractual Services -
Postage and Meter -
Telephone -
Repair and Maintenance - Vehicles -
Dues -
Travel Expenses -
Training Expenses -
Tuition Reimbursement -
Publications -
Utilities -
Materials and Supplies -
Office Supplies -
Fuel and Lubricants -
Small Equipment -
Police-K9 Unit -
Police-DUI -
Capital - Equipment -
Capital - Vehicles -
Capital - Furniture -
Purchase of Service - Risk Management -
Purchase of Service - Information Technology -
Transfer - Employee Insurance Fund -
Total Police Department 1,679,260
Dispatch Department
Salaries - Regular 62,739
Salaries - Part -Time -
Overtime - Regular -
Salary Adjustments -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
12
FICA/Medicare 86,505
IMRF Retirement 117,720
Uniform Allowance -
Contractual Services -
Postage and Meter -
Telephone -
Travel Expenses -
Training Expenses -
Tuition Reimbursement -
Utilities -
Materials and Supplies -
Office Supplies -
Small Equipment -
Purchase of Service - Risk Management -
Puchase of Service - Information Technology -
Total Dispatch Department 266,964
Public Works Administration Department
Salaries - Regular 11,037
Overtime - Regular -
Salary Adjustments -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 14,640
IMRF Retirement 19,362
Uniform Allowance -
Contractual Services -
Postage and Meter -
Telephone -
Dues -
Travel Expenses -
Training Expenses -
Tuition Reimbursement -
Office Supplies -
Small Equipment -
Forestry
Capital - Equipment -
Purchase Service - Risk Management -
Purchase Service - Information Technology -
Transfer - Employee Insurance Fund -
Total Public Works Administration Department 45,039
Public Works Streets Division Department
Salaries - Regular 38,184
Overtime - Regular -
Overtime - Snow Removal -
Salaries -Seasonal -
Salary Adjustments -
Health/Life Insurance -
13
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
FICA/Medicare 53,334
IMRF Retirement 72,978
Uniform Allowance -
Contractual Services -
Contractual Services - PW Bldg -
Telephone -
Repair and Maintenance - Vehicles -
Training Expenses -
Utilities -
Utilities - PW Bldg -
Street Lighting -
Materials and Supplies -
Materials and Supplies - PW Bldg -
Office Supplies -
Vehicle Fuel and Lubricants -
Small Tools and Equipment -
Safety Equipment and Supplies -
Miscellaneous Expenses -
Capital - Equipment -
Capital - Vehicles -
Capital - Public Improvements -
Encumbrances -
Purchase Service - Risk Management -
Purchase Service - Information Technology -
Transfer - Employee Insurance Fund -
Total Public Works Streets Division Department 164,496
Parks & Recreation Department
Salaries - Regular 33,656
Salaries - Part Time Employees -
Overtime - Regular -
Salaries - Seasonal -
Overtime - Seasonal -
Salary Adjustments -
Health/Life Insurance -
Dental Insurance -
US Life Insurance -
Insurance Premiums Vision -
Social Security Expenses 57,770
IMRF Retirement 60,209
Uniform Allowance -
Contractual Services -
Postage and Meter -
Telephone -
Printing and Publishing -
Repairs and Maintenance - Vehicles -
Dues -
Travel Expenses -
14
Training -
Tuition Reimbursement -
Publications -
Utilities -
Materials and Supplies -
Office Supplies -
Vehicle Fuel and Lubricants -
Small Equipment -
Special Events -
Forestry -
Capital - Equipment -
Capital - Vehicles -
Park Improvements -
Purchase Service - Risk Management -
Purchase Service - Information Technology -
Transfer - Employee Insurance Fund -
Total Parks & Recreation Department 151,635
Total General Fund 2,546,648
Article II
Audit Fund
Audit Fee 26,427
Total Audit Fund 26,427
Article III
Insurance Fund
Insurance 499,994
Total Insurance Fund 499,994
Grand Total
Articles I, II, and III 3,073,069
Levied for the City of McHenry from the tax for General
Corporate funds, 65 ILCS 5/8-3-1, in addition to all other taxes $ 410,150
Levied from the Special Tax for Police Protection, 65 ILCS 5/11-
1-3, in addition to all other taxes 547,959
Levied from the Special Tax for cost of participation by the City of
McHenry in the Illinois Municipal Retirement Fund Enabling Act,
40 ILCS 5/7-171, in addition to all other taxes 399,194
Levied from the Special Tax for cost of participation by the City of
McHenry in the Social Security Enabling Act, 40 ILCS 5/21 -109,
in addition to all other taxes 563,745
Levied from the Special Tax for the Police Pension Fund, 40
ILCS 5/3-125, in addition to all other taxes 625,600
15
Levied from the Special Tax for the Audit Fund, 65 ILCS 5/8 -8-3,
in addition to all other taxes 26,427
Levied from the Special Tax to pay the cost of insurance, 745
ILCS 10/9-107, in addition to all other taxes 499,994
TOTAL LEVIED FOR CITY OF MCHENRY FROM ALL
SOURCES $ 3,073,069
The cites sources of authority are for information purposes only and are not intended to be a
limitation on the City’s authority to levy taxes.
SECTION 2: All expended balances of any item or items of any general appropriation
made by the Ordinance may be expended in making up an insufficiency in any item or items in
the same general appropriation and for the same general purpose of in like appropriation made
by the ordinance.
SECTION 3: The Clerk of aforesaid City is hereby directed to file with the Clerk of McHenry
County a duly certified copy of this ordinance.
SECTION 4: The Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form (which publication is hereby authorized), as provided
by law.
Passed this 20th day of December, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk
16
Office of Finance & Accounting
Carolyn Lynch, Director
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.cityofmchenry.org
CONSENT AGENDA SUPPLEMENT
DATE: December 20, 2021
TO: Mayor and City Council
FROM: Carolyn Lynch, Finance Director
RE: Abatement of Real Estate Taxes for Various Bond Issues
ATT: Abatement of Real Estate Taxes Ordinances
______________________________________________________________________________
SUMMARY: The City of McHenry has issued a variety of bonds backed by the full faith and credit
of the municipality. This requires that property taxes be levied by th e County Clerk. The City’s
intentions are to abate these taxes through the County Clerk annually through the attached
abatement ordinances.
BACKGROUND: Over the years, the City of McHenry has issued a variety of bonds that pledge
various funding sources for repayment backed by the full faith and credit of municipality. In
pledging the full faith and credit of the municipality, the bond ordinances require the County
Clerk to levy property taxes for the debt service required on the bonds unless an abatem ent of
the property tax by the local municipality is approved and filed with the County Clerk.
ANALYSIS: In structuring the bonds in this manner, it was the intent of the City to annually abate
the taxes provided the primary source of repayment is sufficie nt to cover the debt service
requirement. Historically, the primary source of repayment has been sufficient to cover the debt
service and the property tax has been abated. Projections show that revenue sources in the
coming year will continue to provide adequate coverage for debt service requirements allowing
the abatement of the property tax.
Consequently, in order for the County Clerk to abate or reduce the property taxes levied, the City
Council will need to approve the attached ordinances authorizing the abatements as follows:
17
1. GO Bonds (Refunding) Series 2020A $ 369,200.00
2. GO Bonds (Alternate) Series 2012 $ 207,932.50
3. GO Bonds (Refunding) Series 2013 $ 34,480.00
6. GO Bonds (Refunding) Series 2015 $ 579,278.76
RECOMMENDATION: Staff recommends approval of the attached ordinances for the abatements as
listed.
18
ORDINANCE NO. 21-
AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE
TAXES LEVIED FOR THE 2021 TAX LEVY YEAR PURSUANT TO AN
ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, ILLINOIS, ON OCTOBER 5, 2020, PROVIDING FOR THE
ISSUANCE OF NOT TO EXCEED $3,300,000 GENERAL OBLIGATION
REFUNDING BONDS SERIES 2020A OF THE CITY OF MCHENRY, ILLINOIS,
TO REFUND CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS
AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT
ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST
ON SAID BONDS.
WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on
October 5, 2020 providing for the issuance of not to exceed $3,300,000 General Obligation Refunding
Bonds, Series 2020A of the City of McHenry, Illinois, to refund certain outstanding General Obligation
Bonds and providing for the levy and collection of a direct annual tax for the payment of the principal of
and interest on said bonds.
WHEREAS, the Series 2020A Bonds are payable from, and are secured by a pledge of, any of the
City's funds that are legally available for such purpose ; and
WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for
the 2021 Tax Levy Year in the amount of $369,200.00 for the payment of the principal and interest due
in the year 2022 on the Series 2020A Bonds authorized by said ordinance; and
WHEREAS, the City's funds that are legally available which have been pledged for the payment
of the principal and interest on the Series 2020A Bonds otherwise payable from such levy for the 2021
Tax Levy Year are on deposit in the Series 2020A Project Fund and it is therefore the determination of
the Corporate Authorities of the City of McHenry, Illinois that the real estate taxed levied fo r the Tax
Levy Year 2021 pursuant to said Ordinance shall be abated.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, as follows:
SECTION 1. All real estate taxes authorized to be levied for the 2021 Tax Levy Year pursuant to
the ordinance adopted by the City Council of the City of McHenry, Illinois on October 5, 2020, providing
for the issuance of not to exceed $3,300,000 General Obligation Refunding Bonds Series 2020A of the
City of McHenry, Illinois, to refund certain outstanding general obligation bonds and providing for the
levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds ;
be and they are hereby abated in the amount of 100% thereof .
SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk
of the County of McHenry, Illinois after the effective date of this ordinance.
SECTION 3. All ordinances or parts thereof in conflict with the terms and provision s hereof be
and the same hereby repealed to the extent of such conflict.
SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of
19
the Corporate Authorities of the City of McHenry, Illinois.
SECTION 5. This ordinance shall be in full force and effect immediately from and after its
passage, approval and publication, as provided by law.
Passed and approved this 20th day of December, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
20
ORDINANCE NO. 21-
AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE
TAXES LEVIED FOR THE 2021 TAX LEVY YEAR PURSUANT TO AN
ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, ILLINOIS, ON AUGUST 27, 2012, PROVIDING FOR THE
ISSUANCE OF $3,100,000 GENERAL OBLIGATION BONDS (ALTERNATE),
SERIES 2012 OF THE CITY OF MCHENRY, ILLINOIS, FOR THE PURPOSE
OF FINANCING THE RENOVATION OF WATER TREATMENT PLANT NO. 2
AND HVAC AND ROOF REPAIRS AT THE PUBLIC WORKS GARAGE
WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on
August 27, 2012 providing for the issuance of $3,100,000 General Obligation Bonds (Alternate), Series
2012 of the City of McHenry, Illinois, for the purpose of financing the Renovation of Water Treatment
Plant No. 2 and HVAC and Roof Repairs at the Public Works Garage; and
WHEREAS, the Series 2012 Bonds are payable from, and are s ecured by a pledge of, the City’s
distributive share of sales and use taxes imposed by the State of Illinois and derived from transactions at
places of business located within the boundaries of the City, including monies paid by the State in
replacement of the City’s distributive share of such taxes; and
WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for
the 2021 Tax Levy Year in the amount of $207,932.50 for the payment of the principal and interest due
in the year 2022 on the Series 2012 Bonds authorized by said ordinance; and
WHEREAS, the City’s distributive share of sales and use taxes imposed by the State of Illinois and
derived from transactions at places of business located within the boundaries of the City wh ich have
been pledged for the payment of the principal and interest on the Series 20 12 Bonds otherwise payable
from such levy for the 2021 Tax Levy Year are on deposit in the Series 2012 Debt Service Fund
established by Section 13 of the aforesaid Ordinanc e and it is therefore the determination of the
Corporate Authorities of the City of McHenry, Illinois, that the real estate taxes levied for the Tax Levy
Year 2021 pursuant to said Ordinance shall be abated.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF TH E CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, as follows:
SECTION 1. All real estate taxes authorized to be levied for the 2021 Tax Levy Year pursuant to
the ordinance adopted by the City Council of the City of McHenry, Illinois on August 27, 2012, providing
for the issuance of $3,100,000 General Obligation Bonds (Alternate), Series 2012 of the City of McHenry,
Illinois, for the purpose of financing the Renovation of Water Treatment Plant No. 2 and HVAC and Roof
Repairs at the Public Works Garage; be and they are hereby abated in the amount of 100% thereof.
SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk
of the County of McHenry, Illinois after the effective date of this ordinance.
SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be
and the same hereby repealed to the extent of such conflict.
SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of
21
the Corporate Authorities of the City of McHenry, Illinois.
SECTION 5. This ordinance shall be in full force and effect immediately from and after its
passage, approval and publication, as provided by law.
Passed and approved this 20th day of December, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Al derman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
22
ORDINANCE NO. 21-
AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE
TAXES LEVIED FOR THE 2021 TAX LEVY YEAR PURSUANT TO AN
ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, ILLINOIS, ON MARCH 18, 2013, PROVIDING FOR THE
ISSUANCE OF $2,400,000 GENERAL OBLIGATION (REFUNDING) BONDS
SERIES 2013 OF THE CITY OF MCHENRY, ILLINOIS, TO REFUND SERIES
2005 GENERAL OBLIGATION BONDS AND ISSUE $415,000 FOR REPAIRS
TO THE PUBLIC WORKS BUILDING AT 1415 INDUSTRIAL DRIVE.
WHEREAS, an ordinance was adopted by the City Council of the City of McH enry, Illinois on
March 18, 2013, providing for the issuance of $2,400,000 General Obligation (Refunding) Bonds, Series
2013 of the City of McHenry, Illinois, to refund Series 2005 General Obligation Bonds and issue $415,000
for repairs to the Public Works Building at 1415 Industrial Drive.
WHEREAS, the Series 2013 Bonds are payable from, and are secured by a pledge of, the City's
distributive share of sales and use taxes imposed by the State of Illinois and derived from transactions at
places of business located within the boundaries of the City, including monies paid by the State in
replacement of the City's distributive share of such taxes; and
WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for
the 2021 Tax Levy Year in the amount of $34,480.00 for the payment of the principal and interest due in
the year 2022 on the Series 2013 Bonds authorized by said ordinance; and
WHEREAS, the City's distributive share of sales and use taxes imposed by the State of Illinois an d
derived from transactions at places of business located within the boundaries of the City which have
been pledged for the payment of the principal and interest on the Series 2013 Bonds otherwise payable
from such levy for the 2021 Tax Levy Year are on de posit in the Series 2013 Project Fund established by
Section 13 of the aforesaid Ordinance and it is therefore the determination of the Corporate Authorities
of the City of McHenry, Illinois that the real estate taxed levied for the Tax Levy Year 2021 pursuant to
said Ordinance shall be abated.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, as follows:
SECTION 1. All real estate taxes authorized to be levied for the 2021 Tax Levy Year pursuant to
the ordinance adopted by the City Council of the City of McHenry, Illinois on March 18, 2013, providing
for the issuance of $2,400,000 General Obligation (Refunding) Bonds, Series 2013 of the City of
McHenry, Illinois, to refund Series 2005 General Obligation B onds and issue $415,000 for repairs to the
Public Works Building at 1415 Industrial Drive ; be and they are hereby abated in the amount of 100%
thereof .
SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk
of the County of McHenry, Illinois after the effective date of this ordinance.
SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be
and the same hereby repealed to the extent of such conflict.
23
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 immediately from and after its
passage, approval and publication, as provide d by law.
Passed and approved this 20th day of December, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
24
ORDINANCE NO. 21-
AN ORDINANCE PROVIDING FOR AN ABATEMENT OF REAL ESTATE
TAXES LEVIED FOR THE 2021 TAX LEVY YEAR PURSUANT TO AN
ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, ILLINOIS, ON APRIL 20, 2015, PROVIDING FOR THE
ISSUANCE OF $6,375,000 GENERAL OBLIGATION (REFUNDING) BONDS
SERIES 2015 OF THE CITY OF MCHENRY, ILLINOIS, TO REFUND SERIES
2006 GENERAL OBLIGATION BONDS, ADVANCE REFUND SERIES 2007
GENERAL OBLIGATION BONDS AND ISSUE $2,015,000 FOR
CONSTRUCTION OF THE RECREATION CENTER AT 3636 MUNICPAL
DRIVE.
WHEREAS, an ordinance was adopted by the City Council of the City of McHenry, Illinois on April
20, 2015, providing for the issuance of $6,375,000 General Obligation (Refunding) Bonds, Series 2015 of
the City of McHenry, Illinois, to refund Series 2006 General Obligation Bonds, advance refund Series
2007 General Obligation Bonds, and issue $2,015,000 for construction of the Recreation Center at 3636
Municipal Drive .
WHEREAS, the Series 2015 Bonds are payable from, and are secure d by a pledge of, the City's
distributive share of sales and use taxes imposed by the State of Illinois and derived from transactions at
places of business located within the boundaries of the City, including monies paid by the Stat e in
replacement of the City's distributive share of such taxes; and
WHEREAS, pursuant to the aforesaid Supplemental Ordinance a direct tax has been levied for
the 2021 Tax Levy Year in the amount of $579,278.76 for the payment of the principal and intere st due
in the year 2022 on the Series 2015 Bonds authorized by said ordinance; and
WHEREAS, the City's distributive share of sales and use taxes imposed by the State of Illinois and
derived from transactions at places of business located within the bounda ries of the City which have
been pledged for the payment of the principal and interest on the Series 2015 Bonds otherwise payable
from such levy for the 2021 Tax Levy Year are on deposit in the Series 2015 Project Fund established by
Section 13 of the aforesaid Ordinance and it is therefore the determination of the Corporate Authorities
of the City of McHenry, Illinois that the real estate taxed levied for the Tax Levy Year 2021 pursuant to
said Ordinance shall be abated.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, as follows:
SECTION 1. All real estate taxes authorized to be levied for the 2021 Tax Levy Year pursuant to
the ordinance adopted by the City Council of the City of McHenry, Illinois on April 20, 2015, providing for
the issuance of $6,375,000 General Obligation (Refunding) Bonds, Series 2015 of the City of McHenry,
Illinois, to refund Series 2006 General Obligation Bonds , advance refund Series 2007 General Obligation
Bonds, and issue $2,015,000 for construction of the Recreation Center at 3636 Municipal Drive ; be and
they are thereby abated in the amount of 100% thereof .
SECTION 2. The City Clerk shall file a certified copy of this Ordinance in the Offices of the Clerk
of the County of McHenry, Illinois after the effective date of this ordinance.
25
SECTION 3. All ordinances or parts thereof in conflict with the terms and provisions hereof be
and the same 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 immediately from and after its
passage, approval and publication, as provided b y law.
monte
Passed and approved this 20th day of December, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
26
City of McHenry
333 S Gre en Street
McHenry, Illinois 60050
Phone: (815) 363-2100
Fax: (815) 363-2119
www.cityofmchenry.org
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and
services in a customer-oriented, efficient, and fiscally responsible manner.
AGENDA ITEM
DATE: December 20, 2021
TO: City Council
FROM: Deputy Clerk Monte Johnson
RE: Parking Ordinance
AGENDA ITEM SUMMARY:
An audit was performed on the City’s public parking spaces. Over the years some parking
spaces have changed out in the field but were not updated in our code of ordinances.
A couple of small wording changes need to be made to the Permit Parking Only section. Many
updates and additions are being made to Parking for Persons With Disabilities. We are deleting
the section for Fifteen Minute Parking Eight O ’Clock A.M. Until Five O ’Clcok P.M. on Monday
through Friday. This section only referred to parking spaces at City Hall.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended a motion be made to pass an Ordinance
Amending Title 7: Motor Vehicles and Tra ffic; Chapter 4: Parking Regulations
27
ORDINANCE NO. 21-
Amending Title 7: Motor Vehicles and Traffic; Chapter 4: Parking Regulations
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.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
McHenry, McHenry County, Illinois, as follows:
SECTION 1: Section 7-4-7, Subsection A . Permit Parking Only: Locations
Specified , shall be amended as follows:
A. Locations Specified: It is unlawful to park any vehicle in any of the following described
locations, which are hereby designated as “Permit Parking Only” spaces, unless such parking space
has been leased pursuant to subsection B of this section and such vehicle displays a
current parking permit on the right hand side of the rear window of such vehicle:
Court Street
Municipal parking lot
The northernmost and the southernmost parking lot spaces
(designated as Section A in appendix A -3, see section 7-12-3 of
this title)
Green Street
Municipal parking lot
The 23 parking spaces designated as “Zone D” in the Green Street
Municipal parking lot (see section 7-12-1 of this title, appendix A -
1)
Main Street north
Municipal parking lot
The 13 parking spaces on the east side of the parking lot (see
section 7-12-2 of this title, appendix A -2)
Main Street south
Municipal parking lot
5 parking spaces (see section 7-12-2 of this title, appendix A -2)
Riverside Drive north
Municipal parking lot
All 37 regular parking stalls (shown as Section A of appendix A -6,
in section 7-12-6 of this title). These stalls shall not be posted or
reserved solely for permit parking. All other parking restrictions
will continue to be in effect.
Riverside Drive south
Municipal parking lot
All parking spaces shown in Section B of appendix A -6, in section
7-12-6 of this title
SECTION 2: Section 7-4-18, Subsection A, Parking for Persons With Disabilities:
A. Locations Specified , shall be amended as follows:
A. Locations Specified: It shall be unlawful for any person, other than a medically
handicapped person, to park any motor vehicle in any of the following locations, which shall be
marked by the appropriate signs:
28
Althoff Park parking lot Five (5) designated parking spaces
Center Street The 3 northern most parking spaces on the east
side of Center Street adjoining the First United
Methodist Church
Court Street The space on the west side of Court Street at 1309
Court Street
Court Street The space on the east side of Court Street, south of
Elm Street at 3421 Elm Street
Court Street The space on the east side of Court Street, north of
Elm Street at 3420 Elm Street
Court Street
Municipal parking lot area
Four (4) designated parking spaces
Creekside Park Two (2) designated parking spaces
East Park Beach parking lot One (1) designated parking spot
Fort McHenry Park parking lot Two (2) designated parking spaces
Fox Ridge Park parking lot Five (5) designated parking spaces
Freund Park parking lot Two (2) designated parking spaces
Front Street The space on the west side of Front Street at 929
Front Street
Front Street The space on the west side of Front Street, south
of Main Street at 3901 Main Street
Green Street 1 parking space abutting on the north and 1 parking
space abutting on the south of the no parking zone
on the east side in front of 1110 N. Green Street
Green Street The northern most parking space in front of 1111 N.
Green Street
Green Street The northern most parking space on the east side
of Green Street south of Pearl Street
Green Street The parking space on the east side of Green Street
in front of 1204 N Green Street
Green Street The parking space abutting the fire hydrant
no parking area in front of 1228 N. Green Street
Green Street Municipal parking
lot
Five (5) designated parking spaces
John Street The space south of John Street at 3813 W John
Street
Kane Avenue Five (5) parking spaces on the north side, 950 feet
west of the Kane Avenue and Green Street
intersections.
Kane Avenue Two (2) parking spaces on the south side, west of
the Kane Avenue and Green Street intersection.
29
Knox Park east parking lot Five (5) designated parking spaces
Knox Park west parking lot Two (2) designated parking spaces
Lakeland Park parking lot One (1) designated parking space
Main Street The spot on the north side of Main Street, west of
Green Street, at 3604 Main Street
Main Street The spot on the North side of Main Street, at 3932
Main Street
Main Street The parking space on the South Side of Main
Street at 3941 W. Main Street
Main Street The 3rd parking space west of Front Street on the
south side
Main Street north parking lot One (1) parking space on the southwest corner of
the lot
Metra commuter parking lot First 5 parking spaces in the northwest corner
adjacent to Main Street, west of railroad tracks
Miller Point Park parking area Five (5) designated parking spaces
Park Street The space on the east side of Park Street, north of
Pearl Street, at 3318 Pearl Street
Park Street Two (2) parking spaces on the east side of Park
Street at 1304 Park Street
Pearl Street The space on the north side of Pearl Street at 3318
Pearl Street
Pearl Street Two (2) spaces on the south side at 3315 Pearl
Street
Pearl Street The space on the east of Riverside Drive on the
north side of Pearl Street at 1402 Riverside Drive
Pearl Street East of Riverside Drive on the south side at 1334
Riverside Drive
Petersen Park parking lots Five (5) parking spaces in the parking lot near the
large baseball diamond. Two (2) parking spaces in
the parking lot near the small ball diamond. Three
(3) parking spaces in the parking lot north of Oak
Drive. Six (6) parking spaces located along the
drive east of the beach.
Public Works Department
parking lot
Three (3) designated parking spaces
Recreation Center parking lot
on Municipal Drive
Six (6) designated parking spaces
Riverside Drive The northern most parking space on the east side
of the street south of Elm
Riverside Drive The northern most parking space on the west side
south of Pearl Street
30
Riverside Drive The parking space in front of 1334 N. Riverside
Drive
Riverside Drive The parking space on the east side in front of
entrance to 1314 N. Riverside Drive
Riverside Drive parking lot Two (2) designated parking spaces
Shamrock Farm Park parking
lot
Five (5) designated parking spaces
Veterans
Memorial Park parking areas
Four (4) designated parking spaces
West Park Beach parking lot One (1) parking spot
SECTION 3: Section 7-4-24: Fifteen Mintue Parking Eight O’Clock A.M. Until
Five O’Clock P.M. on Monday Through Friday, shall be deleted in its entirety.
SECTION 4: 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 effect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
SECTION 5: All ordinances, or parts thereof, in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 6: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 7: This ordinance shall be in full force and effect from and after its
passage, approval and publication, as provided by law.
Passed this 20th day of December, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
31
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: December 20, 2021
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: McHenry ShamRocks the Fox St. Patrick’s Day Festival
ATTACHMENTS: Event Layout
Parade Map
AGENDA ITEM SUMMARY: Authorization to host the McHenry ShamRocks the Fox event to
include 1) Parks Special Use permit to allow an event tent at 1202 Riverside Drive (Miller Point)
and live music on Saturday 3/12 and Sunday 3/13; 2) special event liquor li cense for the sale of
beer, wine and malt beverages; 3) permit open carry of alcoholic beverages in plastic cups
throughout Green Street and Riverside Drive area s; 4) closure of certain sections of Kane Ave,
Green Street Pearl Street, Riverside Drive, Broad Street, Park Street and Court Street from 11:45
AM to approximately 1:00 PM for the St. Patrick’s Day Parade; 5) closure of Pearl Street from
Riverside Drive to River Road from 10 :00 AM to 1:30 PM during the dyeing of the Fox River and
the parade; 6) a 10-15 minute fireworks display on Sunday March 13th at approximately 6:45pm
and, 7) Tourism Fund budget amendment not to exceed $10,000.
BACKGROUND:
This city has partnered with local service organizations for a several years for the 5K “Shamrock
Shuffle” and a St. Patrick’s Day Parade. The Kiwanis Club Shamrock Shuffle begins and ends at
East Campus High School and has kicked off the day at 7am, typically lasting 2 hours. The parade
has organized by the Rotary Club and the Downtown Business Association. For the last few years,
the parade has been staged at East Campus and stepped off at 1pm. The parade heads north on
Green Street turning east on Pearl Street, north on Riverside Drive, wraps around and returns to
Veterans Memorial Park via Broad Street. This year, the parade is proposed to begin at 12:00 PM
and with a proposed route change beginning the parade on Kane Ave to allow for additional
parking at East Campus and sufficient space to organize and line up the parade .
The City is the only community in McHenry County that offers a St. Patrick’s Day Parade. The
parade has gained the city some notoriety, which has led to the opportunity for expanding the
32
event and accomplishing the city’s goal of increasing awareness of our downtown and utilization
of the Fox River.
The city is proposing to partner with Blarney Island to dye the Fox River green on St. Patrick’s Day
between Weber Park and the Route 120 Bridge. The only other river dyeing event occurs in the
City of Chicago. This opportunity lends itself to creating a festival atmosphere throughout the
Green Street and Riverside Drive areas and for the city to create an epicenter for the event at
Miller Point. “Event central” would include a large tent with heaters, bar, sound, stage and
lighting. Live music would be in the tent on Saturday 3/14 from 11am – 11pm and on Sunday
3/15 from 12 – 6:30pm. Alcohol service of beer, wine and malt beverages would be ava ilable on
Saturday from 11am to 10:45pm and on Sunday from 12pm to 6:45pm.
A key element of the event is the open carry of alcohol in the areas delineated by the Riverwalk
to the south, Pearl Street to the north, Green Street between Waukegan Road and Pearl Street,
and River Road between Pearl/Lincoln and Route 120 to the west. Proposed hours for open carry
are 11:00 AM to 6:00 PM on Saturday and 12:00 PM to 6:00 PM on Sunday. This would allow the
flow of event patrons throughout downtown, encouraging businesses to have specials similar to
the annual Taste of McHenry.
ANALYSIS:
Identified in the Strategic Plan completed by the City in the fall of 2013 , were seven opportunities,
two of which correlate to this pr oposed event - Utilization of the Fox River as a marketing tool
and Public Event Coordination. This event provides the City with the opportunity to draw visitors
to the downtown area and businesses.
Building on solid partnerships and strong events, the City can become a weekend destination
through the introduction of this event. McHenry will become a destination that people will
return to repeatedly to visit our restaurants and shops. O ften the challenge is to get visitors here
for the first time. Staff believes that “McHenry ShamRocks the Fox” is an event accomplish this.
Although the C ity would be the lead organizer for the event, the development of partnerships
that has already begun and taking advantage of each partner’s strengths, will lead to a successful
event.
The proposed event schedule is as follows:
“McHenry ShamRocks the Fox”
Event Framework
Saturday March 14th: 7:00am to 11:00pm
Shamrock Shuffle – 7:00 to 9:00am
Fox River Dyeing – 10:00am
Viewing at Weber Park, Pearl Street Bridge and Miller Point
Parade – 12:00pm
Live Music – 11am to 11pm
33
Alcohol Sales – 11am to 10:45pm
Open Carry throughout downtown from 11am to 6pm to encourage flow
to other venues downtown
Sunday March 15th: 12:00pm – 6:00pm
Live Music – 12:00pm to 6:45pm
Alcohol Sales – 12:00pm to 6:45pm
Open Carry throughout downtown from 12 :00pm to 6:00pm to
encourage flow to other venues downtown
Fireworks show on the point –7:00pm
The parameters for this event were established utilizing standards from city partnerships in other
events. Event times mirror those for Fiesta Days and Blues, Brews and BBQ’s, as does the concept
of the alcohol service. In this instance, instead of volunteers serving, staff from Blarney Island
who are tr ained and BASSET certified would staff the bar. Mr. Rob Hardman, owner of Blarney
Island would also organize the live music in the tent and the City has reached out to local
restaurants to identify food vendors in the tent.
Open carry of alcoholic beverages is a key component to the success of the event. It takes
advantage of a concept the city currently allows for the Sidewalk Sales portion of Fiesta Days and
the Chamber of Commerce’s popular Downtown Uncorked Wine Walk. The goal of allowing
patrons to move throughout the downtown business area during the hours of 11:00pm to
6:00pm on Satur day and 12:00 PM – 6:00 PM on Sunday is to create a flow that introduces new
visitors to the many great businesses located in the downtown areas. It encourages businesses
to have specials that could be advertised in the main event tent and create new partnerships.
Police Chief Birk has been consulted and is supportive of this concept. Officers would be
positioned at key intersections to ensure vehicular and pedestrian safety throughout the
downtown areas.
Staff has discussed the event with multiple downtown businesses with the message that the city
is not looking to detract from their St. Patrick’s Day offerings or compete with them in anyway.
The goal is to partner with businesses wherever possible to create a long -lasting and sustainable
event that takes advantage of the Fox River and the Riverwalk and downtown areas, and an event
that will draw many new visitors to McHenry. To be clear, the city is not looking to profit from
this event, only to cover costs and bring new visitors to McHenry.
There were over $50,000 in expenses to host the event in 2019 however the event was extremely
successful with a bottom line profit after all expenses of over $8,000. This money was returned
to the Tourism Fund. With the absence of last year’s event, it would be hopeful to garner more
sponsorships for the event and its aspects this year. The one cost that was a significant addition
in 2019 was the introduction of a small-scale fireworks show to conclude the event on Sunday.
The 15 minute show costs are once again estimated around $10,000. With additional
sponsorship opportunities, staff if not anticipating to run the event at a deficit including the
34
fireworks show, however a budget amendment to include $10 ,000 from the Tourism Fund is
requested in the event of overruns.
As a note, the street closures associated with the parade are typical. O ne exception is the
additional closure of what amounts to the Pearl Street Bridge for spectators to view the dyeing
of the river as safely as possible.
In summary, this is a rare event opportunities. Event planning has brought together many local
groups and partners, including the McHenry Area Chamber of Commerce, the McHenry
Downtown Business Association, the McHenr y Kiwanis Club, the McHenry Rotary Club, Visit
McHenry County and several individuals who want to help and be a part of something special
that will be built on in future years. This event can make McHenry a destination in Northern
Illinois on St. Patrick’s Day and other days via car or boat throughout the year .
RECOMMENDATION:
Therefore, if Council concurs, it is recommended that a motion be considered to approve: 1)
Parks Special use permit to allow an event tent at 1202 Riverside Drive (Miller Point) with live
music on Saturday 3/12 from 11am to 11pm and Sunday 3/13 from 12pm to 6:45pm; 2) special
event liquor license to permit the sale of beer, wine and malt beverages at Miller Point on
Saturday 3/12 from 11am – 10:45pm and Sunday 3/13 from 12pm to 6:30pm; 3) open carry of
alcoholic beverages in plastic cup s throughout Green Street and Riverside Drive Area s on 3/14
from 11pm – 6pm and on 3/15 from 12pm – 6pm; 4) street closures of Kane Avenue from Center
to Green, Green Street from Kane Avenue to Pearl Street, Pearl Street from Green Street to
Riverside Drive, and on Riverside Drive from Pearl Street to Broad Street and Broad Street to
Court Street in conjunction with the St. Patrick’s Day Parade from 11:45 am to approximately
1pm); 5) closure of Pearl Street from Riverside Drive to River Road from 10 am to 1pm to allow
pedestrians to view the river dyeing; 6) a 10-15 minute fireworks display on Sunday March 13th
at approximately 6:45pm and , 7) budget amendment in the Tourism Fund for an amount not
to exceed $10,000.
35
Kids Area 3 large inflatable Courses Face Painter Basketball Inflata-ble shot 36
Parade Unload & Disbursement Only 37
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 20th day of December, 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman McClatchey _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
38
Alderman Santi _____ _____ _____ _____
Alderman Strach _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
39
EXHIBIT A
The following budget items are amended by this Ordinance:
FY21/22 Tourism Fund - $10,000.00
40
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: December 20, 2021
TO: Mayor and City Council
FROM: Troy Strange , P.E., Director of Public Works
RE: South Main Street Parking Improvements, Engineering Services Contract
ATT: City of McHenry Engineering Contract Document for Execution
Christopher B. Burke Engineering Scope and Fee Proposal
_____________________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider awarding a contract to Christopher B. Burke Engineering, Ltd.
(CBBEL) for Professional Engineering Services for reconstruction of the South Main Street Parking Lot and
access alley.
BACKGROUND:
The Fiscal Year 2021/22 Capital Improvement Program includes $580,000 in General Funding for
improvements to City Parking Facilities. This funding was allocated to be utilize d to complete a
rehabilitation of the Knox Park (City Pool) Parking Lot and locations in the City’s downtown(s). On June
21, 2021, the City Council awarded a small contract for the resurfacing of the North Main Street Parking
Facility which was completed in July of this year at a cost of $22,850.65. On July 19, 2021, the City Council
awarded an engineering services contract for design and construction engineering for the rehabilitation
of the Knox Park Parking Lot. The design for Knox Park was completed in short order and the project was
released for bidding in October with Chicagoland Paving of Lak e Zurich, Illinois, being awarded a contract
in the amount of $320,000 for construction. The improvements are currently anticipated to be completed
in Spring of 2022.
With the remaining balance of the original $580,000 budget appropriation, staff is initiating design
services for parking improvements at other downtown parking locations with the intention to construct
in 2022 and 2023. One such location is the South Main Street Lot. This lot w ill not be able to be quoted
out for resurfacing in a similar fashion to the North Main Street Lot for a number of reasons including:
easement drawings, drainage considerations for adjacent properties, lighting design, and design
considerations for connectivity with John Street via an existing alley which will require easement
acquisition. Due to these considerations , the scope of engineering and design services for this project are
atypically large relative to the anticipated construction cost w hich is approximately $200,000 to $300,000.
Due to all of these coordination considerations , construction of improvements will be planned for 2023.
41
ANALYSIS:
Staff has solicited a proposal and negotiated the proposed scope and fee with the selected consultant
based upon project requirements, budget, and schedule. CBBEL is proposing a comprehensive scope and
fee of $60,400 which includes completion of all design services , topographical survey, plan production,
lighting design, bidding assistance, and easement acquisition. 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 $60,400.00 to
Christopher B. Burke Engineering, Ltd . for Professional Engineering Services for the South Main Street
Parking Lot Reconstruction Project.
42
City of McHenry Professional Services Contract
Revised 1/1/17
Professional Services Contract
Between The City Of McHenry
And Christopher B. Burke
Engineering, Ltd.
For Professional Engineering
Services For Main Street Parking
Lot Rehabilitation
43
City of McHenry Professional Services Contract
Revised 1/1/17
Professional Services Contract
Between The City of McHenry
And Christopher B. Burke
Engineering, Ltd.
For Professional Engineering
Services For Main Street Parking Lot
Rehabilitation
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. ......................................................................................................... 3
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............................................................................................... 4
3.3 Risk of Loss ............................................................................................................. 4
3.4 Opinions of Probable Cost ....................................................................................... 4
44
City of McHenry Professional Services Contract
Revised 1/1/17
3.5 City Responsibilities ................................................................................................ 4
3.6 Time of the Essence. ................................................................................................ 5
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 .................................................. 6
4.4 Delays ...................................................................................................................... 6
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 ................................................................ 7
5.4 Additional Requirements ......................................................................................... 7
5.5 Verification of Coverage ......................................................................................... 8
5.6 Sub-Consultants and Suppliers ................................................................................ 8
ARTICLE 6. INDEMNIFICATION ............................................................................................... 9
6.1 Agreement to Indemnify .......................................................................................... 9
6.2 No Limit Based on Insurance .................................................................................. 9
6.3 Withholding Payment .............................................................................................. 9
6.4 Limit on Duty to Indemnify ..................................................................................... 9
ARTICLE 7. ARBITRATION ........................................................................................................ 9
7.1 Arbitration ............................................................................................................... 9
ARTICLE 8. TERMINATION ....................................................................................................... 9
8.1 Contract is At-Will. ................................................................................................. 9
8.2 Termination by City for Breach. ............................................................................ 10
8.3 City Remedies ........................................................................................................ 10
8.4 Termination for Convenience ................................................................................ 10
8.5 Termination by Consultant for Breach. ................................................................. 10
ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS ....................... 10
9.1 Consultant as Independent Consultant .................................................................. 10
9.2 Compliance with Laws; Communications with Regulators .................................. 10
9.3 Permits and Licenses ............................................................................................. 11
45
City of McHenry Professional Services Contract
Revised 1/1/17
9.4 Safety; Hazardous Materials .................................................................................. 11
9.5 Ownership of Data and Documents ....................................................................... 11
9.6 Notices ................................................................................................................... 11
9.7 No Waiver by City. ................................................................................................ 11
9.8 No Third-Party Beneficiaries ................................................................................. 12
9.9 Survival of Terms .................................................................................................. 12
9.10 Assignments. ......................................................................................................... 12
9.11 Amendments .......................................................................................................... 12
9.12 Governing Law ...................................................................................................... 12
9.13 Compliance with Laws, Grant Regulations ........................................................... 12
9.14 Representation of No Conflicts ............................................................................. 12
9.15 No Collusion. ......................................................................................................... 12
46
City of McHenry Professional Services Contract
-5-
Professional Services Contract
Between The City of McHenry
And Christopher B. Burke
Engineering, Ltd.
For Professional Engineering
Services For Main Street Parking Lot
Rehabilitation
This contract (the “Contract”) is dated as of December 20, 2021 (the “Effective Date”)
and is by and between the City of McHenry, an Illinois municipal corporation, (the “City”) and
Christopher B. Burke Engineering, Ltd. (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”):
“Scope of Services” Section included in the attached
Christopher B. Burke Engineering, Ltd. proposal.
1.3 Project Time. The Services will be performed according to the following:
The Services will be completed on or before June 30, 2023 (the “Completion Date”).
1.4 Term; Extensions. This Contract commences on the Effective Date and
terminates on December 31, 2023 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 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
47
City of McHenry Professional Services Contract
-6-
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:
“Estimate of Fee” Section included in the attached Christopher
B. Burke Engineering, Ltd. proposal.
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.
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
48
City of McHenry Professional Services Contract
-7-
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,
(5) 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 given in accordance with
Section 9.10 of this Contract 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
(the “Standard of Performance”). All Services must be free from defects and flaws, must
conform to the requirements of this Contract, and must be performed in accordance with the
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
49
City of McHenry Professional Services Contract
-8-
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 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
50
City of McHenry Professional Services Contract
-9-
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.
(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 10 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
51
City of McHenry Professional Services Contract
-
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 10-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.
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 10 days after the start of the delay and again in writing within 10 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”) 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.
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City of McHenry Professional Services Contract
-
(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 defense for injury or damage arising
out of 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, with a deductible not-to-exceed $50,000 without prior written approval.
(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 defense
expenses.
5.4 Additional Requirements. The insurance policies must contain, or be endorsed to
contain, the following provisions:
(a) Commercial General Liability and Automobile Liability Coverage. The City and
its officials, officers, employees, and agents 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, employees, and agents. 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) Reporting Failures. Any failure to comply with reporting provisions of any policy
must not affect coverage provided to the City and its officials, officers, employees, and agents.
(d) 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.
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(e) 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, employees, and agents as additional
insured under the umbrella policy.
(f) Occurrence Form. All general liability coverage must be provided on an
occurrence policy form. Claims-made general liability policies are not acceptable.
(g) 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.
(h) 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.
(i) 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
police provisions.
(j) 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.
(k) 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.
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 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.
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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, suits, liabilities, judgments, costs, and
expenses (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 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.
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 loss 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. Greet 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 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.
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8.2 Termination by City for Breach. The City at any time, by written notice, 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 for Convenience. If, after termination of this Contract by the City
for breach, it is determined that the Consultant was not in breach or that the termination
otherwise was irregular or improper, then the termination shall be deemed to have been made for
the convenience of the City under Section 8.1 of this Contract.
8.5 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.
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 Compliance with Laws; Communications with Regulators. The Consultant must
comply with all statutes, ordinances, codes, and regulations applicable to the Services. Except to
the extent expressly set forth in this Contract, the Consultant may not communicate directly with
applicable governmental regulatory agencies with regard to Services without prior express
authorization from the City. The Consultant must direct inquiries from governmental regulatory
agencies to the City for appropriate response.
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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.
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
If to the Consultant: with a copy to:
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.
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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 required 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 (1) no City
employee or agent is interested in the business of the Consultant or this Contract, (2) as of the
Effective Date neither the Consultant nor any person employed or associated with 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.
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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:
CHRISTOPHER B. BURKE ENGINEERING, LTD.
By:
Name:
Title:
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City of McHenry Professional Services Contract
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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 $3,500, then City Administrator signature required.
, 20 .
City Administrator Date
If compensation change greater than $10,000, then City Council approval and Mayor signature required.
, 20 .
Mayor Date
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December 7, 2021
City of McHenry
1415 Industrial Drive
McHenry, IL 60050
Attention: Mr. Troy Strange, P.E.
Subject: Main Street Parking Lot Rehabilitation
Dear Mr. Strange:
Christopher B. Burke Engineering, Ltd. (CBBEL) is pleased to submit this proposal for survey
and professional engineering services for the subject project. This proposal includes our
Understanding of the Assignment, Scope of Services, and Estimate of Fee.
UNDERSTANDING OF ASSIGNMENT
We understand that the City of McHenry desires to reconstruct the Main Street parking lot which
serves the shopping district in McHenry between the Metra Station and IL Route 31. The lot is
located on the south side of Main Street and currently provides approximately 16 parking
spaces. The City wishes to reconstruct this lot and continue access out to West John Street.
A current development has agreed to provide a storm water connection into their site storm
improvements from John Street. To achieve a continuous Right-Of-Way through the parking lot
out to John Street, the City will need to acquire land and/or easement rights.
Proposed improvements consist of reconstruction of the lot with new B-6.12 concrete curb and
gutter and utilizing an inverted crown pavement section with new hot-mix asphalt to drain the
improvements to the south for connection into the newly stubbed storm sewer. No other utility
improvements besides storm water improvements are anticipated.
SCOPE OF SERVICES
CBBEL proposes the following scope of services for the projects.
Task 1 – Kick-off Meeting and Data Collection: The Project Team will attend project kick-off
meeting with the City to discuss the project objectives and to refine the project scope, as
necessary. The team will collect, examine, review and evaluate data to be utilized for the
improvement based on existing conditions, and City input. This data will include at least the
following base information:
City Design Standards
Existing Public/Private Utility Information
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City Utility Atlases
Existing Right-of-Way information
Survey Benchmarks
Review of power sources for site lighting
Task 2 – Topographic Survey: CBBEL will perform topographic survey of Main Street Parking
Area (from Main Street to W. John Street “L” to Rte 31 R-O-W, 650’±LF), for the referenced
Project Area. CBBEL will perform the following survey tasks:
Included are the following survey tasks:
1.Horizontal Control: Utilizing state plane coordinates, CBBEL will tie into NGS
Monumentation control utilizing state of the art GPS equipment. Horizontal Datum will
correlate with established/existing McHenry County & NGS control monuments (NAD ’83
(2011), Illinois East Zone 1201).
2.Vertical Control: Establish site benchmarks for construction purposes, tied to the NAVD
’88 Vertical Datum. State-of-the-art G.P.S. equipment will be used to establish
benchmarks and assign a vertical datum on the horizontal control points. This will be
based on GPS observed McHenry County & NGS Monumentation (NAVD ’88 Datum).
3.Field recon and survey to locate existing monumentation and boundary evidence.
4.Research at the McHenry County Recorder’s on-line web site. Analyze Record and Field
Data necessary to compute approximate right-of-way.
5.CBBEL will field locate all pavements, driveways, bike path, curb and gutters, pavement
markings, signs, manholes, utility vaults, drainage structures, utilities, driveway culverts,
crossroad culverts, etc. within the project limits. Field location of all above ground utilities
including, but not limited to: water, sanitary sewer, storm sewer, telephone, electric, cable
and gas, etc. Identify size, type, rim, and invert elevations.
6.All isolated trees of 6-inch caliper or greater to be surveyed within Project Area, & Tree
Line only of forested areas. Provide tree size, location and elevation of isolated trees
outside of forested areas, on survey.
7.Office calculations and plotting of field and record data.
8.Cross Sections: CBBEL will survey cross sections along the project limits at 50’ intervals,
at driveways, and at all other grade controlling features.
9.Utility Survey and Coordination: All existing storm and sanitary sewers will be surveyed
to determine rim elevations. Above ground facilities of any additional underground utilities
including water main, gas, electric, cable, etc. will also be located. No JULIE Utility Survey
Coordination is included in this task.
10.Office contouring of field data and one-foot contour intervals.
11.Drafting of an Existing Conditions Plan at a scale of 1”=20’.
12.Base Mapping: CBBEL will compile all of the above information onto one base map at
1”=20’ scale that is representative of existing conditions for use as the base sheet for the
construction of any public or private infrastructure subsequent to the findings of
engineering/drainage analysis.
Task 3 – JULIE and Utility Survey: CBBEL will coordinate with JULIE to retrieve atlas
information for all applicable underground utilities including water main, gas, electric, cable, etc.
CBBEL will compile all Utility Atlas information into the base map. Locations of existing utilities
/obstructions / systems shown on the base map are the compilation of available utility plans
provided by utility owners and JULIE Utility Coordination. All utilities /obstructions / systems
may not be shown. Contractor shall be responsible for locating and protecting all underground
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utilities /obstructions / systems whether or not shown on base map. JULIE Utility Coordination
Atlas information is typically isolated to Public Right-of-Way & limited areas adjacent to Public
Right-of-Way. Identification of all private utilities within project area (on-site) is the responsibility
of the client.
Task 4 – Easement Exhibits and Legal Description: CBBEL will create an Easement Exhibit
for the proposed improvements through the private property so that the City can obtain the
easement from the property owner. CBBEL has included up to three easements based on the
number of property owners/easements required to obtain access through the alley. This task
includes:
1. Initial coordination with Client.
2. Research on the McHenry County Recorder’s Office website.
3. Field survey to establish the existing boundaries of the subject parcels.
4. Office calculations and plotting of field and record data.
5. CAD drafting of the easement exhibits for the proposed easement area.
6. Write legal description for the proposed easement area.
7. Final review and submittal by an Illinois Professional Land Surveyor.
Task 5 – Geotechnical Evaluation: CBBEL will retain Testing Service Corporation (TSC) to
perform 5 pavement cores within the parking lot site to perform a “Potentially Impacted Property”
(PIP) evaluation for the completion of the LPC-662 Form and, if necessary, provide sampling
and laboratory analyses for completion of the LPC-663 Form.
Testing Service Corporation (TSC) will perform a “Potentially Impacted Property” (PIP)
evaluation for completion of the LPC-662 Form and, if necessary, provide sampling and
laboratory analyses for completion of the LPC-663 Form.
Uncontaminated soil including uncontaminated soil mixed with clean construction or demolition
debris (CCDD) accepted at a CCDD fill operation must be certified to be uncontaminated soil in
accordance with Section 22.51(f)(2)(B) of the Environmental Protection Act [415 ILCS
5/22.51(f)(2)(B)]. Uncontaminated soil accepted at an uncontaminated soil fill operation (USFO)
must be certified to be uncontaminated soil in accordance with Section 22.51a(d)(2)(B) of the
Environmental Protection Act [415 ILCS 5/22.51a(d)(2)(B). These certifications must be made
by a licensed professional engineer or geologist (PE/PG) using the attached Form LPC-663
when the soil is removed from a site which is determined by the PE/PG to be a “Potentially
Impacted Property” (PIP) based on review of readily ascertainable property history,
environmental databases and site reconnaissance. Uncontaminated soil from a site which is not
identified as a PIP by the PE/PG may be certified by either the source site owner or operator
using LPC-662 with pH analysis only.
TSC will evaluate current Federal and State environmental agency records for the site by
obtaining a First Radius Map Report from Environmental Data Resources, Inc. (EDR). Review
of the Radius Map Report assists in identifying potential contamination sources from the project
site as well as nearby properties which may cause it to be considered a PIP. TSC will also
perform a site reconnaissance to evaluate it and the surrounding area for evidence of the use
or release of hazardous substances or petroleum products. Soil samples collected from the
borings will be analyzed for pH.
Based on the results of this review, the TSC Professional Geologist will conclude if the source
site is a PIP. If the source site is not identified as a PIP and pH analysis meet IEPA requirements,
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TSC will prepare a letter discussing the reviewed information and recommend that the Owner
or Operator sign the LPC-662 Form certifying that the site in not a PIP and the soil is presumed
to be uncontaminated. This form is acceptable at most of the Uncontaminated Soil Fill Operation
(USFO/CCDD) facilities.
In the event that the source site is identified as PIP, soil sampling and analysis will be performed
for completion of the LPC-663 form. A summary report will be prepared which describes the
sampling procedures and results of the analytical laboratory testing. If all analytical results meet
their respective Maximum Allowable Concentrations of Chemical Constituents in
Uncontaminated Soil Used as Fill Material at Regulated Fill Operations (MACs), Form LPC-663
will be filled out and signed by a Licensed Professional Engineer or Geologist.
In the event that the source site (or portions thereof) is identified as a PIP, the owner is unwilling
to sign the LPC-662 form or the prospective USFO/CCDD facility selected for disposal of the
soil requires analysis for acceptance of it, TSC will perform additional soil analysis for
completion of the LPC-663 form at additional costs outlined in this proposal. Soil samples are
to be collected from zones to be excavated as part of the proposed site improvements.
Immediately upon removing the soil from the sampler, a representative portion will be placed in
a clean glass sample jar and kept cool for possible analytical testing. A second portion will be
broken up to maximize surface area and placed in a separate clean jar which is covered with
an aluminum foil liner. A headspace analysis will be performed on the second samples, i.e. a
photo-ionization detector (PID) used to
check for the presence of volatile organic vapors.
The number of samples analyzed, and the parameters of the analytical testing will be based
upon the Potentially Impacted Property evaluation. For proposal purposes, it is assumed that
two (2) samples will be analyzed for volatile organic compounds (VOCs), polynuclear aromatic
hydrocarbons (PNAs), total RCRA Metals and pH. If additional samples or analytical parameters
are appropriate in the judgement of the PE/PG based on the records review, site
reconnaissance or PID screening, additional samples will be collected at that time with the costs
of analysis to be discussed with the client prior to analysis. Selected samples will be placed in
laboratory supplied jars or vials and properly preserved in a cooler on ice. They will be shipped
to an analytical laboratory following standard chain-of-custody procedures.
The list of analytical parameters noted are acceptable at the majority of local USFO/CCDD
facilities although analysis of additional parameters may be required by some of them. If
possible, we recommend that the USFO/CCDD facility destination to be used for a particular
project be contacted to verify that the analytical parameters proposed will be sufficient.
Additional cost for analysis of the full MAC list is listed as an optional item in the Cost Estimate.
The analytical results will be compared to Maximum Allowable Concentrations of Chemical
Constituents in Uncontaminated Soil Used as Fill Material at Regulated Fill Operations (MACs)
as presented in 35 IAC 1100.Subpart F.
It should be noted that if one or more total metals concentrations exceed their respective MAC,
addition analysis of the TCLP or SPLP extract may be performed for those metals. In
accordance with 35IAC1100.610(b)(3)(C) and as an alternative to the MAC value, compliance
verification may be determined by comparing soil sample extraction results by TCLP or SPLP
to the respective.
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Task 6 – Photometric Calculations: Based on the information collected in Task 1, lighting
photometric computer analysis using AGI32 photometric software will be performed for the
proposed parking lot lighting in accordance with Local Design Standards and American National
Institute - Illuminating Engineering Society of North America (ANSI-IESNA) Recommended
practices for Design and Maintenance of Roadway and Parking Facility Lighting RP-8-18. We
assume that photometric calculations will be performed for two styles of light poles (one
ornamental to match lighting along Main Street and the other non-decorative). A preliminary
design report, including design criteria, calculation results and lighting catalog cuts will be
prepared. The calculations results will consist of a photometric exhibit indicating point by point
lighting levels, and proposed design criteria and lighting levels summarized in table format.
Task 7 – Preliminary Plans, Specifications and Cost Estimate: CBBEL will create a
preliminary plan which incorporates topographic survey and the proposed geometry for the new
parking lot. CBBEL will prepare contract documents consisting of plans, specifications, estimate
of time, and estimate of construction cost. Plans will be prepared in accordance with City/IDOT
design standards and will be in English units. The following sheets will be included in the plans:
Sheet No. of Sheets
Cover Sheet 1
Summary of Quantities 1
General Notes/Typical Sections 1
Alignment, Ties and Benchmarks (1”=100’) 1
Existing Conditions/Removal Plan (1”=20’) 1
Geometric, Pavement Marking and Sign Plan (1”=20’) 1
Grading Plan (1” = 20’) 1
Utility Plan (1” = 20’) 1
Erosion Control and Landscape Plan (1” = 20’) 1
Erosion Control Notes 1
Construction Details/Standards
Lighting General Notes
Lighting Plan
Lighting Details
2
1
1
2
Specifications -
Cost Estimate -
Totals 16
CBBEL will use IDOT standard pay items or City standard special provisions where applicable.
Otherwise, project-specific special provisions will be written as needed. Plans, special
provisions, and the estimate of cost will be submitted to the City for review.
CBBEL will coordinate new electric sources with the electric utility company. CBBEL will
complete and submit electric applications to the electric utility.
Task 7 - Final Plans, Specifications and Estimates: Upon meeting with the City staff to
review their comments on the preliminary submittal, we will revise and finalize the contract
documents and cost estimate. During this task the exact letting date will be determined and an
estimated construction schedule will be provided.
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Task 8 – Bidding Assistance: CBBEL will advertise for bidding, distribute plans and
specifications to all bidders, and hold a bid opening. CBBEL will review and tabulate all of the
bids and make a recommendation of award.
SCOPE ASSUMPTIONS/EXCLUSIONS
Consulting services relating to any of the following tasks may be completed by CBBEL if
negotiated under a separate contract for an additional fee, but are presently specifically
excluded from this Agreement:
Engineering Services
• Design of any structures such as bridges, retaining walls or underground stormwater
detention is not included.
• Landscaping plans are not included in this scope of work.
• All design and construction will be paid for using local funds. No Motor Fuel Tax or Federal
funds will be used for engineering or construction.
• Review of as-built information and preparation record drawings is not included in this
contract.
ESTIMATE OF FEE
We estimate the costs of the services to be the following:
Task 1 – Kick-off Meeting and Data Collection $ 1,800
Task 2 – Topographic Survey $ 7,400
Task 3 – JULIE and Utility Survey $ 1,400
Task 4 – Easement Exhibits and Legal Description $ 8,500
Task 5 – Geotechnical Evaluation $ 6,500
Task 6 – Photometric Calculations $ 3,200
Task 6 – Preliminary, Specifications and Cost Estimate $ 21,500
Task 7 – Final Plans, Specifications and Estimates $ 6,800
Task 8 – Bidding Assistance $ 2,500
Direct Cost $ 800
Total Not-To-Exceed Amount $ 60,400
We will bill you at the hourly rates specified on the attached Schedule of Charges and establish
our contract in accordance with the attached General Terms and Conditions. These General
Terms and Conditions are expressly incorporated into and are an integral part of this contract
for professional services. Please note that any requested meetings or additional services are
not included in the preceding Fee Estimate and will be billed at the attached hourly rates.
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Please sign and return one copy of this agreement as an indication of acceptance and notice
to proceed. Please feel free to contact us anytime.
Sincerely,
Michael E. Kerr, PE
President
Enclosure: Schedule of Charges
General Terms and Conditions
THIS PROPOSAL, SCHEDULE OF CHARGES & GENERAL TERMS & CONDITIONS
ACCEPTED FOR THE CITY OF MCHENRY:
BY:
TITLE:
DATE:
N:\PROPOSALS\ADMIN\2021\McHenryMainStreetParkingLot.120721.docx
67
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: December 20, 2021
TO: Mayor and City Council
FROM: Troy Strange , P.E., Director of Public Works
RE: South Riverside Parking Improvements, Engineering Services Contract
ATT: City of McHenry Engineering Contract Document for Execution
Baxter and Woodman, Inc. Scope and Fee Proposal
_____________________________________________________________________________________
AGENDA ITEM SUMMARY:
Staff requests that the City Council consider awarding a contract to Baxter and Woodman, Inc. for
Professional Engineering Services for construction of the South Riverside Parking Lot and access alley.
BACKGROUND:
The Fiscal Year 2021/22 Capital Improvement Program includes $580,000 in General Funding for
improvements to City Parking Facilities. This funding was allocated to be utilize d to complete a
rehabilitation of the Knox Park (City Pool) Parking Lot and locations in the City’s downtown(s). On June
21, 2021, the City Council awarded a small contract for the resurfacing of the North Main Street Parking
Facility which was completed in July of this year at a cost of $22,850.65. On July 19, 2021, the City Council
awarded an engineering services contract for design and construction engineering for the rehabilitation
of the Knox Park Parking Lot. The design for Knox Park was completed in short order and the project was
released for bidding in October with Chicagoland Paving of Lak e Zurich, Illinois, being awarded a contract
in the amount of $320,000 for construction. The improvements are currently anticipated to be completed
in Spring of 2022.
With the remaining balance of the original $580,000 budge t appropriation, staff is initiating design
services for parking improvements at other downtown parking locations with the intention to construct
in 2022 and 2023. One such location is the South Riverside Lot. This existing lot is a location that has been
identified for expansion and in 2017, staff contracted with Baxter and Woodman, Inc. to prepare plans for
the expansion of the lot. This initial design was never funded for construction and in recent years , staff
has decided on a new layout concept that will require a redesign of the lot. Because the survey data and
CAD drawings are still fairly recent, staff requested a scope and fee from Baxter and Woodman, Inc. to
reuse the existing data to design a new configuration, update the plan and contract doc uments, and
release the project for public bidding. Staff is anticipating that completion of the redesign of the lot and
bidding of work will be completed swiftly in order to award a construction contract in Summer of 2022.
Current construction costs are estimated at approximately $300,000; more accurate EOPC’s will be
available for confirmation during the budgeting process and after design work is initiated.
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ANALYSIS:
Staff has solicited a proposal and negotiated the proposed scop e and fee with the selected consultant
based upon project requirements, budget, and schedule. Baxter and Woodman, Inc. is proposing a
comprehensive scope and fee of $21,150, which includes completion of all design services to reconfigure
the lot, reuse of existing topographical survey, plan production, lighting design, and bidding assistance.
Staff has reviewed the scope and fee and ha s 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 $21,150.00 to
Baxter and Woodman, Inc. for Professional Engineering Services for the South Riverside Parking Lot
Construction Project.
69
City of McHenry Professional Services Contract
Revised 5/22/17
Professional Services Contract
Between The City Of McHenry
And Baxter and Woodman, Inc.
For Phase II Engineering Services
For Riverside Drive Parking Lot
70
City of McHenry Professional Services Contract
Revised 5/22/17
Professional Services Contract Between The City of
McHenry And Baxter and Woodman, Inc.
For Phase II Engineering Services For
Riverside Drive Parking Lot
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
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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
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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
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City of McHenry Professional Services Contract
-1-
Professional Services Contract Between The City of
McHenry And Baxter and Woodman, Inc.
For Phase II Engineering Services For
Riverside Drive Parking Lot
This contract (the “Contract”) is dated as of December 20, 2021 (the “Effective Date”) and
is by and between the City of McHenry, an Illinois municipal corporation, (the “City”) and Baxter
and Woodman, 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 (t he
“Services”):
Referenced pages from proposed “Scope of Services” from
selected firm proposal.
1.3 Project Time. The Services will be performed according to the following schedule
(“Project Schedule”):
Referenced pages from proposed “Project Schedule” from
selected firm proposal.
The Services will be completed on or before May 31, 2022 (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 December 31, 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 t wo 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
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
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City of McHenry Professional Services Contract
-2-
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 exce ss 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, ha s 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:
Referenced pages from proposed “Compensation” from selected
firm proposal.
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 a ccompanied 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 prov ided 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 righ t to claim additional
compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or
fees.
2.4 Final Payment . The Services will be considered complete on the date of final written
acceptance by the City of the Services or th e relevant phase of the Services. Services related to a
submission of the Consultant will be deemed accepte d 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
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City of McHenry Professional Services Contract
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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 C onsultant 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 eith er 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 mat erial 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
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
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City of McHenry Professional Services Contract
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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 C ity, 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 designat ion, 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 ot her 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.
(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.
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City of McHenry Professional Services Contract
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(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 C onsultant 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 issu e 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 Ord er 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 Consult ant 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.
4.4 Delays. If a delay in providing Services result s 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 C onsultant 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 st ate 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
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City of McHenry Professional Services Contract
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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
equivale nt, 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 (Exhib it A) or CG 2026 (Exhibit B). Coverage must be at least $1,000,000 combined
single limit per occurrence for bodily i njury and for property damage and $1,000,000 per occurrence for
personal injury. The general aggregate must be twice the required occurrenc e 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 Au to.” 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 profession al 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
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
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City of McHenry Professional Services Contract
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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 abilit y.
(d) Umbrella Policies. If any commercial general liability in surance 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 Rec ipient. 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 statut e, 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.
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 certificate s 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.
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City of McHenry Professional Services Contract
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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 affect ing coverage provided to the indemnified parties.
6.2 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees
t hat 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 f urnished 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 discret ion of the City, at 333 N. Green St. McHenry, Illinois, and
judgment on the award rendered by the arbitrat or 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
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 det ermined 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
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City of McHenry Professional Services Contract
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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.
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 vent urer 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.
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City of McHenry Professional Services Contract
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(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 t his 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
If to the Consultant : with a copy to:
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 constit ute 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.
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City of McHenry Professional Services Contract
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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
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 Consulta nt 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 p roperly
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
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City of McHenry Professional Services Contract
-12-
By:
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
BAXTER AND WOODMAN, INC.
By:
Name: _______________________________________
Title: _______________________________________
Date: _______________________________________
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City of McHenry Professional Services Contract
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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 $3,500, then City Administrator signature required .
, 20 .
City Administrator Date
If compensation change greater than $10,000, then City Council approval and Mayor signature required .
, 20 .
Mayor Date
86
December 9, 2021
Mr. Troy Strange, P.E.
Director of Public Works
City of McHenry
1415 Industrial Drive
McHenry, IL 60050
Subject: City of McHenry – Riverside Drive Parking Lot – Phase II Engineering Services
Dear Mr. Strange:
Baxter & Woodman, Inc. is pleased to submit this Proposal for completing Phase II Engineering
Services for the proposed Riverside Drive Parking Lot. Our project summary, scope of services,
schedule, and engineering fee are presented below.
Project Summary
The proposed parking lot consists of the removal of existing parking lot and pavement, and
construction of a new parking lot with asphalt pavement, curb and gutter, sidewalk, pavement
marking, drainage structures and pipes, landscaping, fencing, and lighting. Fencing along the north
side of a parking lot on the east side of Riverside Drive north of Venice Avenue may be included in
the proposed improvements. The proposed parking lot improvements will serve City residents
accessing the businesses and parks in the area, and provide City Public Works additional area for
snow storage during winter months.
The project will utilize local funding and be processed through the City and is tentatively scheduled
to begin construction in April 2022.
The City is requesting a Phase II Engineering Services proposal to complete design plans,
specifications, and bidding documents to assist the City of McHenry (City) with bidding the
construction of a new parking lot on the west side of Riverside Drive north of Venice Avenue.
Scope of Services
1.Project Initiation and Data Collection
A.Data Collection: Obtain, review, and evaluate the following information provided from the
pre-final plans and by the City for use in design:
1)Pre-final Design CADD files
2)Utility Atlases
3)Aerial Photography
4)Maintenance and flooding records
5)Drainage Studies
6)Geotechnical Data
7)ROW, GIS, and property data
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Mr. Troy Strange, P.E., Director of Public Works December 9, 2021
City of McHenry 171297.41 Page 2
B. Utility Coordination: Contact JULIE to identify utilities that have facilities along the project
limits. Request utility atlas maps and plot locations and sizes of existing utilities in
electronic drawings. Submit plans to utility companies so conflicts and relocation efforts
can be identified. Provide ongoing reviews of permitting and utility relocat ion efforts as
requested by the City. Prepare “Status of Utilities to be Adjusted” special provision in
accordance with IDOT District 1 requirements, which provides the contractor with the
duration of utility relocation work, status of utilities to be watc hed and protected within
the project limits, and pertinent information for the contractor to develop a work
schedule to meet the requirements for the project.
2. Topographic Survey
A. Topographic Survey: The topographic survey completed in 2017 will be updated to the
current drafting version and used. Supplemental survey is not included.
B. Structures: The 2017 collected data of drainage structure condition, inverts, size, and flow
direction will be used. Supplemental field review of the structures is not include d.
C. Terrain Model: The 2017 digital terrain model will be used for use in design and plan
preparation.
D. No additional right-of-way or easements are anticipated. Work to complete Plat of
Easement or Plat of Dedication is not included .
3. Environmental Coordination and Permitting
A. EcoCAT: Submit an EcoCAT information request through the IDNR website to identify
potentially impacted natural resources. Should potential impacts be identified,
consultation may be required. Providing additional project information and fees as may
be required for consultation, are not included in the scope of this project and would be a
separate expense to the City if required. Unique design measures to mitigate impacts from
the EcoCAT will also be considered additional services.
B. Wetlands: Wetland impacts are not anticipated with this project.
C. Historic Preservation Coordination: Submit necessary documentation to the Illinois
Historical Preservation Agency to obtain a “no significant historical resources” statement
for the area of the project.
D. County Stormwater Ordinance: Coordinate and obtain a stormwater permit from the City
and its enforcement officer for the proposed drainage improvements.
E. Fees: Agency reviews are not included in this agreement and shall be paid for separately
by the City.
4. Plan Preparation
A. Estimate of Cost: Prepare summary of quantities and an engineer’s estimate of cost.
B. Specifications: Prepare special provisions in accordance with City guide lines to specify
items not covered by the Standard Specifications for Road and Bridge Construction.
C. Parking Lot Design: Prepare plan sheets for the parking lot design including improvement
limits, stations and offset callouts, label construction limit loca tions and right of way
breaks, curb and gutter and sidewalk improvements, driveway repairs, utility structure
adjustments, pavement marking, and note special instructions to the Contractor.
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Mr. Troy Strange, P.E., Director of Public Works December 9, 2021
City of McHenry 171297.41 Page 3
D. Drainage and Utilities Design: Prepare the inlet and storm sewer design for the proposed
improvements. It is assumed that the project outfalls will be maintained, lie within the
project limits, and not modified as part of this project.
E. Erosion Control Plans: Prepare an erosion control plan for the improvement.
F. Street Lighting Plans: Prepare photometric calculations, general lighting layout, lighting
plans, and electrical details conforming to IES and IDOT standards. The City will provide
the fixture type and lighting standards prior to design.
G. Detailed Drawings: Complete plan sheets required for bidding including: Cover, General
Notes, Summary of Quantities, Typical Sections, Existing Conditions and Removal,
Erosion Control, Grading Plan and Drainage, Pavement Markings and Landscaping,
Lighting, and Design Details.
5. QA/QC
A. Perform in-house peer and milestone reviews by senior staff during project re-initiation,
pre-final, and final submittals.
B. Provide ongoing reviews of permitting and utility coordination efforts.
6. Assist Bidding
A. Provide design assistance and clarification for bid documents.
B. Assist the City with coordination and scheduling during the bid process.
C. Provide documents for bidding and assist the City in solicitation of bids from as many
qualified bidders as possible, prepare addendums as necessary, a ttend bid opening to
receive and evaluate bids, tabulate bids, and make a recommendation to the City for an
award of contract.
7. Meetings
A. Meetings: The following meetings are anticipated for this project:
1) City (2 total) (Kickoff, Pre-Final)
2) Conference calls will be held throughout the project as needed.
B. Public Meeting: No public involvement is anticipated for this project.
8. Project Management
A. Plan, schedule, and control the activities that must be performed to complete the project
including budget, schedule, and scope.
B. Coordinate with City and project team to ensure the goals of the project are achieved.
C. Prepare and submit monthly invoices and provide a monthly status report via email
describing tasks completed the previous month and outlining goals for the subsequent
month.
9. Project Deliverables
A. Deliverables: The following is a list of anticipated final deliverables to the City for this
project:
1) Electronic DGN, Geopak, Digital Photos, and GIS files used in project development
including Plan, Survey, and Exhibits.
89
Mr. Troy Strange, P.E., Director of Public Works December 9, 2021
City of McHenry 171297.41 Page 4
2) Electronic Record of Design files including agency correspondence, Estimates,
Exhibits, and related electronic submittals (pdf or as appropriate). Baxter &
Woodman utilizes an electronic filing system in lieu of hard copies.
B. Not Included: The following items are not included within the scope of this project, but
can be provided as additional services to the contract:
1) Permit Review fees
2) Environmental Studies (PESA, PSI, etc.)
Project Schedule
The tentative project schedule is as follows:
Task Delivery Date
Notice to Proceed January 3, 2021
Kick-off meeting January 2021
Evaluation, Preliminary Specifications, and Estimate of Cost February 2021
Finalize Specifications and Estimate of Cost March 2022
Bid Project March 2022
Begin Construction May 2022
Project Engineering Fee
Our consulting fee for the stated scope of services is a not to exceed fee of $21,150, based on our
standard hourly billing rates and reimbursable expenses. Our hours and fee breakdown is shown
below.
The attached Standard Terms and Conditions apply to this Proposal. If you find this Proposal
acceptable, please initial the applicable Scope items and sign and return one copy for our files.
Please contact Joshua S. Harris at 815-444-3271 or jharris@baxterwoodman.com if you have any
questions or comments.
Sincerely,
BAXTER & WOODMAN, INC. CITY OF MCHENRY, ILLINOIS
CONSULTING ENGINEERS
ACCEPTED BY: _________________________________
TITLE: _________________________________
DATE: _________________________________
Jason J. Fluhr, PE, PTOE
Vice President
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Mr. Troy Strange, P.E., Director of Public Works December 9, 2021
City of McHenry 171297.41 Page 5
\\corp.baxwood.com\projects\Crystal Lake\MCHEC\171297-Court-Rversd-Park-Light\Contract\Work\Additional Work
.41\171297.41_Riverside Parking Lot Phase II_Proposal.docx
Planned
Labor Bill
Reimb
Allowance
20,970.00 180.00
1,040.00 0.00
440.00
600.00
260.00 0.00
260.00
1,480.00 0.00
880.00
600.00
14,000.00 0.00
3,520.00
1,200.00
5,120.00
1,560.00
2,600.00
740.00 0.00
740.00
1,650.00 60.00
880.00
600.00
170.00
1,200.00 120.00
1,200.00
600.00 0.00
600.00Joshua Harris 4.00
08 Project Management 4.00 600.00 600.00
Joshua Harris 8.00
Barbara Tobin 2.00
07 Meetings 8.00 1,200.00 1,320.00
Cassandra Cruise 8.00
Joshua Harris 4.00
06 Assist Bidding 14.00 1,650.00 1,710.00
Daniel Schug 4.00
Kathleen Roberson 20.00
05 QA/QC 4.00 740.00 740.00
Michael Hudspeth 32.00
Krystian Powala 12.00
Cassandra Cruise 32.00
Joshua Harris 8.00
04 Plan Preparation 104.00 14,000.00 14,000.00
Cassandra Cruise 8.00
Joshua Harris 4.00
03 Environmental Coordination and Permitting 12.00 1,480.00 1,480.00
Kathleen Roberson 2.00
Joshua Harris 4.00
02 Topographic Survey 2.00 260.00 260.00
Cassandra Cruise 4.00
Overall Project Total 156.00 20,970.00 21,150.00
01 Project Initiation and Data Collection 8.00 1,040.00 1,040.00
Level Emp
Planned
Hrs
Compensation
Fee
Total
Compensation
City of McHenry
Plan Number: 171297.41
Plan Name: Riverside Drive Parking Lot - Phase II Engineering Services
91
Department of Community &
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363‐2170
Fax: (815) 363‐2173
www.ci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Monte Johnson, Deputy City Clerk
FOR: December 20, 2021 Regular City Council Meeting
RE: Dual Representation and Waiver of Conflict Agreement
ATT: Agreement
Agenda Item Summary: Staff is looking for an approval of a Dual Representation and Wavier of Conflict
Agreement between the City of McHenry and Woodstock Fire/Rescue District
Background: The City of McHenry has an Intergovernmental Agreement with the Woodstock Fire
Protection District for, among other services, radio dispatched police / law enforcement services and fire
/ ems services (“Dispatching Services”). Zukowski, Rogers, Flood and McArdle (ZRFM) represent both the
City of McHenry and the Woodstock Fire/Rescue District, and this agreement will allow ZRFM to work with
both parties.
If the City Council concurs it is recommended that council approves the attached Dual Representation
and Waiver of Conflict Agreement
92
Dual Representation and Waiver of Conflict Agreement
The City of McHenry, 333 S. Green St. McHenry, Illinois (“City”) and Woodstock
Fire/Rescue District, Fire Station #3, 2900 Raffel Road, Woodstock, Illinois (“WFRD”) agree as
follows:
A. Each party hereto is currently represented by the law office of Zukowski, Rogers,
Flood & McArdle (“ZRFM”) in various, unrelated matters. The City approached WFRD requesting
execution of a City-drafted Intergovernmental Agreement for dispatch services (the “IGA”). WFRD
desires to utilize ZRFM to review the IGA that the City has already prepared.
B. WFRD desires to provide the City with the requested IGA, but also desires to utilize
ZRFM to review the IGA.
C. ZRFM has fully explained, and the parties hereto fully understand, that ZRFM will
represent both parties regarding the IGA, so it clearly provides for the obligations and
responsibilities of each party in the future.
D. The parties hereto have been advised that it may choose to have counsel other than
ZRFM represent them with regard to reviewing the IGA and both desire to waive such right and
have ZRFM proceed with dual representation.
This Agreement is effective on the dates provided below.
City of McHenry Woodstock Fire/Rescue District
By: By:
Its: Mayor Its: Board President
Date: Date:
Zukowski, Rogers, Flood and McArdle
By:
David W. McArdle
Date:
Z:\W\WoodstockFire\ConflictWaiver City of McHenry.doc
93
Office of the Chief of Police
John R. Birk
McHenry Municipal Cente r
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2200
Fax: (815) 363-2149
www.ci.mchenry.il.us
The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of progra ms and
services in a customer-oriented, efficient, and fiscally res ponsible manner.
CONSENT AGENDA
TO: Mayor and City Council
FROM: John R. Birk, Chief of Police
FOR: December 20, 2021 Regular City Council meeting
RE: A uthorization to enter into a purchase and maintenanc e/support agreement.
ATT: Radicom Rad io Console Maintenance Agreement Quote 6589
Agenda Item Summary:
Council is being asked to approve staff ’s request for the renewal of our existing Zetron Radio
Console Maintenance Agreement with Rad icom Inc. for the period of May 1, 2022 through
April 30, 2027 for an amount not to exceed $322,000.64.
Background:
On or about April 1st, 2017 the McHenry Police Department purchased a (6) six console Zetron
emergency dispatch radio system from Radicom I nc. Radicom is the licensed vendor for Zetron
in this geographical area. At the time of purchase this system included a 5 (five) year
maintenance agreement that is set to expire on March 30, 2022. In the fall of 2017 (3) three
additional Zetron consoles were added as part of our countywide emergency backup plan for the
three Public Service Answering Points (PSAPs). A n update to our maintenance agreement was
made at the time of the second purchase to cover the three new consoles through April 30, 2022.
Analysis:
Part of the maintenance agreement renewal is the replacement of cert ain hardware in the system
at the five-year mark which is on or about May of 2022. In order to secure the best pricing and
be prepared to acquire the new hardware needed in May staff has requested pricing with
Radicom for the renewal of our five-year maintenance agreement with Radicom. Radicom has
been our approved service contractor and licensed vendor for our Zetron System.
Radicom has provided the attached quote (6589) which includes (5) years and one month of
additional maintenance from Radicom & Zetron, software support, software updates and
hardware updates. Included in this quote is a 10% discount on the maintenance costs if paid in
full up front along with an agreement to provide free support and maintenance for the month of
April 2022 which we currently have a gap in for (6) six of our consoles.
The total cost of the renewal of the maintenance agreement for the (5) five-year term, if entered
into prior t o January 31, 2022, is $322, 000.64. The payment of this agreement will not come
from general fund dollar but rather from McHenry C ounty ETSB Grant funds awarded to the
94
McHenry Dispatch Center to help assist with the operation of the dispatch center. These funds
are strictly for use in the dispatch center and only for specific items (such as t his) in accordance
with state statute, 50 ILCS 750/35 of the Emergency Telephone System Act.
Recommendation:
Therefore, if Council concurs, it is recommended a motion be made to authorize the Chief of
Police to sign the attached quote 6589 renew ing the dispatch center’s maintenance agreement
with Radicom for an additional (5) five years and pay an amount not to exceed $322,000.64 after
May 1, 2022 from ETSB Grants Funds.
95
Date:
No.: 6589
10/4/2021
QuoteRadicom Inc
Phone: 815-385-4224
Fax: 815-385-4368
2604 N Chapel Hill Rd.
McHenry, IL 60051-3631
Prepared for:Prepared by: Clifford H. Hammarstrom
John Birk (815) 363-2137 Account No.: 1229
McHenry Police Department Phone: (815) 363-2200
333 S Green St
McHenry, IL 60050 U.S.A.
Quantity TotalSellUOMItem ID Description
Zetron System Hardware Upgrade Items:
EA950-1337 PC System, MAX Solutions W10
Wolrkstation, Small Form Factor,
Factory load
$25,740.00 9 $2,860.00
EA802-2220 Monitor, 22in. Widescreen LCD, USB,
Touchscreen, MultiTouch
$6,458.40 9 $717.60
EA802-0599 Adapter, Display Port, DVI-D $648.00 9 $72.00
Used with W10 PC to touchscreens
EA802-0756 Mouse, Optical, Waterproof,
Antimicrobaial
$538.20 9 $59.80
EA905-0403 Media Dock XS Kit, Zetron, Ver 1.3 &
above
$41,490.00 9 $4,610.00
EA950-0454 Adapter, Wireless, Headset, Zetron,
6-wire, W/ Belt mount PTT
$12,706.20 9 $1,411.80
Provides encrypted wireless connection using "H" series headsets.
Noise Cancelling.
EA950-1294 KVM, 4 port, USB, Mouse / Keyboard
control
$11,880.00 9 $1,320.00
Switch between units via mouse movement
EA901-9740 MAX Central $11,316.00 3 $3,772.00
Hosts MAX Manager, Telephony Gateway, IP Voice Logger
Gateway, and the Aux I/O Gateway
EA950-1280 Switch, 48 Port Managed, L2, Gigabit,
Rack Mount
$20,822.84 4 $5,205.71
EASYS-5019C-M4L-BND
L
Server, Supermicro 1U Short, Core I3,
250SSD, 16Gig, Monitor, Mouse,
Keyboard
$3,950.00 1 $3,950.00
Includes (4) NIC, (8) USB, DVD, W10pro
Supermicro SuperServer 5019C-M4L | SYS-5019C-M4L
Intel Core i3-8100 - 4 Cores, 3.6Ghz, 6Mb Cache
2x 8GB 2666MHz DDR4 ECC Unbuffered DIMM Module
2x Crucial 250GB MX500 Series SSD 2.5in SATA3
Slimline DVD-RW Dual Layer Drive SATA
4-Port High Speed USB3 PCI-Express Adaptor
Microsoft Windows 10 PRO Edition (64 bit)
2x CBL-0010L serial header
Standard Return-to-Base Warranty
9-5 Technical Support for System Lifetime
48 Hour Comprehensive System Testing Procedure
US Country Kit
HRLabor PW Inst R Radicom Labor Program & Configure
new equipment
$7,000.00 56.00 $125.00
Labor Rate for Prevailing Wage
cquote - no item total.rpt Page 1Printed: 12/2/2021 3:21:00PM 96
10/4/2021Date:
6589No.:
Quote
Quantity TotalSellUOMItem ID Description
HRLabor PW Inst R Radicom Labor Install new hardware
on site
$10,000.00 80.00 $125.00
Labor Rate for Prevailing Wage
EAShippingShipping and Handling $1,250.00 1.00 $1,250.00
Hardware Upgrade Subtotals:$153,799.64
.
Zetron System 5 Year maintenance:
EAXMP-0344-EBS Zetron Services, MAX-PSP Extended
Service Plan (per position, per year) 5
year total
$81,990.00 45.00 $1,822.00
1yr Software services, 1yr factory support 24X7
1yr MAX users group per position.
EADiscount Pass
through
Zetron 5 year PSP 10% discount for
up-front payment.
($8,199.00)45 ($182.20)
EAContract 20 Radicom Service Contract on Zetron
console system (per console, per
year) 5-year plan
$78,750.00 45.00 $1,750.00
Zetron 5yr maintenance subtotals:$152,541.00
.
EAContract 20 Radicom 5-Year maintenance on
infrastructure Radios, Intercom, Panic
alarms, Booking room PA
$17,400.00 1.00 $17,400.00
EADiscount 50
(Contract)
Radicom 10% Discount on 5 year
maintenance with up-front payment
($1,740.00)1.00 ($1,740.00)
Item Total:$331,939.64
Your Price:$322,000.64
Total:$322,000.64
Prices are firm until 1/31/2021 Terms: Upon Receipt
Prepared by:Clifford H. Hammarstrom, chammar@radicom.com Date: 10/4/2021
Quote #6589d This quote includes (3) sections.
Section #1 outlines the hardware upgrade proposed to extend the life of the system for an additional 5 years. This will bring
the system up to the newest software level including replacing the Windows 7 units with Windows 10. The replacement of
the components proposed will maintain the integrity of the system and continue to minimize down time for an additional 5
years.
Section #2 is a 5-year maintenance support from Zetron and Radicom. Zetron will provide 24X7 remote technical support.
Also included are software updates including new feature upgrades. Software bugs / fixes are released as needed. This also
includes membership to the MAX users group.
Radicom will continue as the Tier 1 local support, including 24X7 remote and on-site technical support, hardware repairs with
factory parts, Consultation services and training as needed for both Zetron and non-Zetron systems.
Section #3 provides an additional 5 years of maintenance on the ancillary infrastructure Radio, Intercom, Panic Alarms,
Booking room audio, etc.
Radicom will continue to provide support of these integrated systems, including 24X7 remote and on-site technical support for
cquote - no item total.rpt Page 2Printed: 12/2/2021 3:21:00PM 97
10/4/2021Date:
6589No.:
Quote
critical components.
Terms:
50% of Hardware Refresh section down by 5/15/2022.
50% of Hardware Refresh section upon install.
100% of both maintenance sections by 5/15/2022
PARTIAL LIST OF RE-USED COMPONENTS;
LOT Multiple Cabinets, Racks, Furniture items.
1 8226 ARRESTOR,GPS,SURGE,NETCLOCK
1 8230 GPS/GLONASS, Antenna Outdoor
1 9483 NetClock/GPS Timer Server-Master Clock
9 709-0167-25 Cable, 25 pr, M180-M90, 25 ft
6 709-8003-20 Cable, MAX Radio Gateway to Harris M7300, 20 ft
3 709-8005-20 Cable, MAX Radio Gateway to Motorola APX 7500 Head, 20 ft
3 709-8065-10 Cable, MAX Radio Gateway to Motorola APX 7500 TIB, 10 ft
8 901-9677 Hardware, MAX Radio Gateway Conventional (RJ21)
4 901-9690 Hardware, MAX CNB Radio Gateway, for Harris M7300
2 901-9693 Hardware, MAX MSB Radio Gateway, for Motorola APX 7500
9 930-0026 Extended paging pkg, Option R01
4 930-0221 Licenses, Block of 10 Radio Channel
16 930-0227 MDC-1200 (encode/decode) Signaling
2 930-0231 MAX Manager License
3 930-0237 License, Zetron, IP Logger, MAX D, Block of 10
4 930-0239 License, Aux I/O Port
7 930-0260 License, Harris Interface (M7300)
3 930-0278 License, Motorola Interface (APX 7500)
12 950-0588 Mount, Rack, ZETRON, iRIM, Dual unit
1 950-0884 Speaker, Amplified Desk
18 950-0884 Speakers, Single (cable separate)
9 950-1077 Headset Jackbox Option, Dual Prong, Dual Vol Control, for TRHl Freq
1 950-1143 Power System, Redundant 12 VDC, up to 40 devices
9 950-9102 Footswitch,Zetron Console PTT
1 950-9609 INTERCOM,INTERFACE,S4000
2 ALPU-PTP-M Protector, POE, Cat6, Outdoor
3 CA-009562-006 Assembly, Cable, CAN, 6 ft. Straight-Right
1 CS7486-0805-SN Combiner, Control Station, 748-860 Mhz, 8 Port, RFI
4 DBRM-20-75 Panel, Power Distribution, 75 Amp per panel
1 ET1715L-7CWA-1-G MONITOR,TOUCH,17,LCC
1 FG-80D-BDL-950-36 UTM Bundle,Security Appliance, with 3 yr FortiCare 24x7, 10Mb LAN, GigE, 4 Ports
1 HF-3W PAGING,AMP,HANDSFREE,TALKBACK,3W,120V
2 ICT22012-12BC Charger, 10A, 13.8VDC, Bulk/Float (includes rack mount)(for lead acid batt)
4 MAMW-NCP9E Control Unit, CH-721, Scan, Remote Mount
3 MAMW-NMC7Z Microphone
1 MAMW-NPL5L FEATURE, P25 OVER-THE-AIR REKEYING (OTAR)
1 MAMW-NPL7M Encryption, 256B-AES for P25
4 MAMW-NZN7R Mounting Kit, Remote
4 MAMW-PKGPT Feature Pack, P25 Trunking
4 MAMW-SDMXX Radio, M7300 Mob, Harris, 700/800 Mhz
2 MTR2000 VHF Base
1 MW-PL4F P25 Phase 2, TDMA
3 MW-PL4U Feature, Single-key DES
2 MW-PL8Y Feature, Encryption Lite basic encryption
4 MY4-DC12 Relay, 4PDT, 12 VDC Coil, Socket Mount
1 OPT 16 Card, Multi-port Network, Netclock, 3x10/100/1000 Base T
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10/4/2021Date:
6589No.:
Quote
1 ORAD-RM-5012M-2XAC Power Supply, 12V, DC, Redundant, Rack Mount
2 SDR-120-12 Power Supply, 12VDC, 10A, Din Rail,
2 SDR-240-24 Power Supply, 24VDC, 10A, Din Rail,
1 SHS1890-15 Headset Adaptor, 6 Wire w/PTT
Date:__________
___________
Accepted by:
To accept this quote, please Sign, Date, and return it to Radicom
(1) Immediate access to any work areas is required.
(2) Work will be performed from 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays unless otherwise arranged.
(3) Information and materials contained in this quote exhibits a technical expertise and is intended to be viewed by the customer
that it is addressed to. No part of this information shall be divulged to any entity that would use it to formulate a competitive offer.
(4) Specifics, such as lengths, genders, and part numbers will be reviewed and/or verified at time of order to ensure accuracy.
(5) Unless specifically stated, all sales are for domestic use.
(6) Unless previously arranged, for quotes in excess of $5,000.00 Radicom requests 50% payment upon approval / purchase order
(7) Unless otherwise specified, shipping and handling charges are not included and will be added to the associated invoice.
Disclaimer
cquote - no item total.rpt Page 4Printed: 12/2/2021 3:21:00PM 99
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.ci.mchenry.il.us
CONSENT AGENDA
TO: Mayor and City Council
FROM: John R. Birk , Chief of Police
FOR: December 20, 2021 Regular City Council meeting
RE: Authorization to sign and execute Intergovernmental Agreements for dispatch
services provided by the McHenry Dispatch Center to ; Cary Fire Protection
District, Fox River Grove Fire Protection District, Nunda Fire Protection District ,
Woodstock Fire Protection District and Village of Fox River Grove (Fox River
Grove Police Department).
ATT: Intergovernmental Agreements between the City of McHenry and; Cary Fire Protection
District, Fox River Grove Fire Protection District, Nunda Fire Protection District,
Woodstock Fire Protection District and Village of Fox River Grove .
Agenda Item Summary:
The McHenry Police Department has been providing emergency dispatch services for the Cary
Fire Protection District, Fox River Grove F ire Protection District, Nunda Fire Protection District,
Woodstock Fire Protection District and Village of Fox River Grove (Fox River Grove Police
Department) f or multiple years. The current intergovernmental agreement s between these five
organizations are set to expire on April 30, 2022. Staff has negotiated new agreement s with each
of these customers and is seeking Council’s approval to authorize the M ayor to enter into new
intergovernmental agreement s with each of the five customer agencies. Staff is available for any
questions Council may have.
Background:
Currently the City of McHenry owns and operates a Public Service Answer Point (PSAP) that
provides multi-jurisdictional emergency dispatch services for (16) sixteen different police and
fire agencies. The Cary Fire Protection District, Fox River Grove Fire Protection District and
Nunda Fire Protection D istrict and Woodstock Fire Protection District have been existing
customers since May of 2017. The Village of Fox River Grove (Fox River Grove Police
Department) has been an existing customer of the D ispatch Center since December 2016.
Effective April 30th, 2022, the current intergovernmental agreement s between the City of
McHenry and these five agencies will expire.
Contact was made with all five agencies notifying them of the pending contract expirations and
all five agencies wish to renew their contracts for dispatch services.
Analysis:
100
2 | P a g e
The City of McHenry and these five agencies all verbally agreed to a revised fee structure for
dispatch services that would take effect with the newly proposed agreement on May 1 st, 2022.
The newly proposed agreement is set for a (5) five year term.
Beginning on May 1, 2022, Cary Fire Protection District, Fox River Grove Fire Protection
District, Nunda Fire Protection District, Woodstock Fire Protection District and Village of Fox
River Grove (Fox River Grove Police Department) all shall pay monthly dispatch fees to
McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The Dispatch
Fees for Fiscal Year 2022/23 shall be calculated at the rate of $31.23 per service call (“Service
Call Rate”) and $14.00 per traffic stop (“Traffic S top Rate”) multiplied by the number of service
calls and Traffic calls dispatched by McHenry for each respective agency during calendar year
2021. Commencing on each anniversary date of this Agreement, the Service Call Rate and
Traffic Stop Rate shall each increase by 3.5% each year (“Adjusted Dispatch Rates”) and the
Adjusted Dispatch Rates shall be multiplied by the number of service c alls and traffic stop calls
dispatched by McHenry for each agency in the prior calendar year, thereby arriving at the
Adjusted Dispatch Fees for following years of the Agreement.
Recommendation:
If Council concurs, then it is recommended that the following five motions be considered:
1. A motion authorizing the Mayor to entering into a five year agreement with the Cary Fire
Protection District allowing the City to provide emergency dispatch services f or a term
beginning on May 1, 2022 and ending on April 30, 2027.
2. A motion authorizing the Mayor to entering into a five year agreement with the Fox
River Grove Fire Protection District allowing the City to provide emergency dispatch
services for a term beginning on May 1, 2022 and ending on April 30, 2027.
3. A motion authorizing the Mayor to entering into a five year agreement with the Nunda
Fire Protection District allowing the City to provid e emergency dispatch services for a
term beginning on May 1, 2022 and ending on April 30, 2027.
4. A motion authorizing the Mayor to entering into a five year agreement with the
Woodstock Fire Protection District allowing the City to provide emergen cy dispatch
services for a term beginning on May 1, 2022 and ending on April 30, 2027.
5. A motion authorizing the Mayor to entering int o a five year agreement with the Village
of Fox River Grove (Fox River Grove Police Department) allowing the City to provid e
emergency dispatch services for a term beginning on May 1, 2022 and ending on April
30, 2027 and allow for agreement modifications at the Mayor’s discretion that are not
related to dispatch fees.
101
Intergovernmental Agreement for Dispatch Services
Between the City of McHenry and Cary Fire Protection District
This Agreement is effective this 1st day of May, 2022 by and between the City of
McHenry (“McHenry”) and the Cary Fire Protection District (“Cary”).
Recitals
A. McHenry provides, among other services, radio dispatched police / law
enforcement services and fire / ems services (“Dispatching Services”).
B. Cary desires to continue utilizing Dispatching Services of McHenry for the
purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to
fire personnel employed by the District and other services.
C. McHenry and Cary have the power and authority to enter into this Agreement
pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the
Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other
applicable authority.
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged
as being received, Cary and McHenry agree as follows:
1. Term of Agreement: This Agreement shall commence on May 1, 2022 and
terminate on April 30, 2027, unless earlier terminated by either party upon (6) six month’s written
notice to the other party for any reason or no reason at all. In no event shall any portion of the fee
payable herein be subject to reimbursement due to early termination of this Agreement by either
party. This Agreement may only be extended by written agreement of both parties hereto.
2. McHenry’s Obligation: McHenry shall provide Dispatching Services to Cary
during the term of this Agreement in accordance with Illinois law including but not limited to 210
ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS Systems Act”.
Additional services may include the initiation of emergency weather warning sirens.
3. Cary Hardware: At its sole expense, Cary shall install and maintain any required
radio infrastructure necessary to receive radio communications from its personnel and relay them
to the McHenry Communications Center in McHenry, Illinois. The cost of telephone lines and
interface equipment necessary to accomplish these services shall be the responsibility of Cary.
4. No Supervision of Direction: McHenry Dispatching Services provided to Cary
hereunder are limited to the dispatch of Cary Fire Protection District personnel. McHenry
dispatchers and on-duty supervisory personnel have no responsibility to ensure that Cary fire
personnel comply with any applicable rules and regulations. The supervision and direction of Cary
fire personnel are outside the scope of this Agreement and remain the responsibility of Cary.
5. Dispatch Fee: Beginning on May 1, 2022, Cary shall pay monthly dispatch fees
to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The Dispatch
Fees for Fiscal Year 2022/2023 shall be calculated at the rate of $31.23 per service call (“Service
Call Rate”) multiplied by the number of service calls dispatched by McHenry for Cary during
102
2
calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call
Rate shall each increase by 3.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch
Rates shall be multiplied by the number of service calls dispatched by McHenry for Cary in the
prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch
Services to be paid on the same monthly basis as the Original Term Dispatch Fee.
Service Call Rate Chart
22/23 23/24 (3.5%) 24/25 (3.5%) 25/26 (3.5%) 26/27 (3.5%)
Call Rate $31.23 $32.32 $33.45 $34.63 $35.84
Miscellaneous Provisions
6. No Agency Created: Only an independent contractor relationship is created by this
Agreement and neither party shall constitute an authorized agent of the other. This Agreement
constitutes the entire agreement between the parties hereto and no other person or entity shall be
deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights
and duties hereunder. All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry Police Chief or the Cary Fire Chief, respectively.
7. Indemnification: Cary hereby indemnifies McHenry and its elected and appointed
officials, attorneys, officers, and employees, and hold them harmless from any claim, injury, or
loss, no matter how allegedly sustained, arising out of or related in any way to the provision of,
the use of, the disruption of, or the failure of McHenry to adequately or effectively provide
Dispatching Services pursuant to this Agreement. Cary shall reimburse McHenry for any
attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim, injury
or loss, occurring during the term of this Agreement or thereafter arising out of the activities
contemplated by this Agreement provided that the cause of action is not the result of negligence,
lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its
agents.
8. Insurance: Cary shall maintain, for the term of this Agreement, and any extensions
thereof, comprehensive general liability insurance, issued by an insurance company qualified to
do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. McHenry
shall be named as an additional insured on said policy and the policy shall provide that McHenry
be given 30 days written notice of cancellation or material charges thereto.
Cary Fire Protection District City of McHenry
By__________________________________ By _________________________________
Board President Date Its Mayor Date
103
Intergovernmental Agreement for Dispatch Services
Between the City of McHenry and Fox River Grove Fire Protection District
This Agreement is effective this 1st day of May, 2022 by and between the City of
McHenry (“McHenry”) and the Fox River Grove Fire Protection District (“Fox River Grove”).
Recitals
A. McHenry provides, among other services, radio dispatched police / law
enforcement services and fire / ems services (“Dispatching Services”).
B. Fox River Grove desires to continue utilizing Dispatching Services of McHenry for
the purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch
to fire personnel employed by the District and other services.
C. McHenry and Fox River Grove have the power and authority to enter into this
Agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of
1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and
other applicable authority.
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged
as being received, Fox River Grove and McHenry agree as follows:
1. Term of Agreement: This Agreement shall commence on May 1, 2022 and
terminate on April 30, 2027, unless earlier terminated by either party upon (6) six month’s written
notice to the other party for any reason or no reason at all. In no event shall any portion of the fee
payable herein be subject to reimbursement due to early termination of this Agreement by either
party. This Agreement may only be extended by written agreement of both parties hereto.
2. McHenry’s Obligation: McHenry shall provide Dispatching Services to Fox
River Grove during the term of this Agreement in accordance with Illinois law including but not
limited to 210 ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS
Systems Act”. Additional services may include the initiation of emergency weather warning sirens.
3. Fox River Grove Hardware: At its sole expense, Fox River Grove shall install
and maintain any required radio infrastructure necessary to receive radio communications from its
personnel and relay them to the McHenry Communications Center in McHenry, Illinois. The cost
of telephone lines and interface equipment necessary to accomplish these services shall be the
responsibility of Fox River Grove.
4. No Supervision of Direction: McHenry Dispatching Services provided to Fox
River Grove hereunder are limited to the dispatch of Fox River Grove Fire Protection District
personnel. McHenry dispatchers and on-duty supervisory personnel have no responsibility to
ensure that Fox River Grove fire personnel comply with any applicable rules and regulations. The
supervision and direction of Fox River Grove fire personnel are outside the scope of this
Agreement and remain the responsibility of Fox River Grove.
5. Dispatch Fee: Beginning on May 1, 2022, Fox River Grove shall pay monthly
dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”).
104
2
The Dispatch Fees for Fiscal Year 2022/2023 shall be calculated at the rate of $31.23 per service
call (“Service Call Rate”) multiplied by the number of service calls dispatched by McHenry for
Fox River Grove during calendar year 2020. Commencing on each anniversary date of this
Agreement, the Service Call Rate shall each increase by 3.5% each year (“Adjusted Dispatch
Rates”) and the Adjusted Dispatch Rates shall be multiplied by the number of service calls
dispatched by McHenry for Fox River Grove in the prior calendar year, thereby arriving at the
Adjusted Dispatch Fees for the next year of Dispatch Services to be paid on the same monthly
basis as the Original Term Dispatch Fee.
Service Call Rate Chart
22/23 23/24 (3.5%) 24/25 (3.5%) 25/26 (3.5%) 26/27 (3.5%)
Call Rate $31.23 $32.32 $33.45 $34.63 $35.84
Miscellaneous Provisions
6. No Agency Created: Only an independent contractor relationship is created by this
Agreement and neither party shall constitute an authorized agent of the other. This Agreement
constitutes the entire agreement between the parties hereto and no other person or entity shall be
deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights
and duties hereunder. All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry Police Chief or the Fox River Grove Fire Chief, respectively.
7. Indemnification: Fox River Grove hereby indemnifies McHenry and its elected
and appointed officials, attorneys, officers, and employees, and hold them harmless from any
claim, injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the
provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively
provide Dispatching Services pursuant to this Agreement. Fox River Grove shall reimburse
McHenry for any attorneys’ fees incurred by McHenry in connection with defense of any such
alleged claim, injury or loss, occurring during the term of this Agreement or thereafter arising out
of the activities contemplated by this Agreement provided that the cause of action is not the result
of negligence, lack of due care, gross negligence or willful and wanton misconduct on behalf of
McHenry or its agents.
8. Insurance: Fox River Grove shall maintain, for the term of this Agreement, and
any extensions thereof, comprehensive general liability insurance, issued by an insurance company
qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000.
McHenry shall be named as an additional insured on said policy and the policy shall provide that
McHenry be given 30 days written notice of cancellation or material charges thereto.
Fox River Grove Fire Protection District City of McHenry
By__________________________________ By _________________________________
Board President Date Its Mayor Date
105
Intergovernmental Agreement for Dispatch Services
Between the City of McHenry and Nunda Fire Protection District
This Agreement is effective this 1st day of May, 2022 by and between the City of
McHenry (“McHenry”) and the Nunda Fire Protection District (“Nunda”).
Recitals
A. McHenry provides, among other services, radio dispatched police / law
enforcement services and fire / ems services (“Dispatching Services”).
B. Nunda desires to continue utilizing Dispatching Services of McHenry for the
purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to
fire personnel employed by the District and other services.
C. McHenry and Nunda have the power and authority to enter into this Agreement
pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the
Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other
applicable authority.
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged
as being received, Nunda and McHenry agree as follows:
1. Term of Agreement: This Agreement shall commence on May 1, 2022 and
terminate on April 30, 2027, unless earlier terminated by either party upon (6) six month’s written
notice to the other party for any reason or no reason at all. In no event shall any portion of the fee
payable herein be subject to reimbursement due to early termination of this Agreement by either
party. This Agreement may only be extended by written agreement of both parties hereto.
2. McHenry’s Obligation: McHenry shall provide Dispatching Services to Nunda
during the term of this Agreement in accordance with Illinois law including but not limited to 210
ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS Systems Act”.
Additional services may include the initiation of emergency weather warning sirens.
3. Nunda Hardware: At its sole expense, Nunda shall install and maintain any
required radio infrastructure necessary to receive radio communications from its personnel and
relay them to the McHenry Communications Center in McHenry, Illinois. The cost of telephone
lines and interface equipment necessary to accomplish these services shall be the responsibility of
Nunda.
4. No Supervision of Direction: McHenry Dispatching Services provided to Nunda
hereunder are limited to the dispatch of Nunda Fire Protection District personnel. McHenry
dispatchers and on-duty supervisory personnel have no responsibility to ensure that Nunda fire
personnel comply with any applicable rules and regulations. The supervision and direction of
Nunda fire personnel are outside the scope of this Agreement and remain the responsibility of
Nunda.
5. Dispatch Fee: Beginning on May 1, 2022, Nunda shall pay monthly dispatch fees
to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The Dispatch
106
2
Fees for Fiscal Year 2022/2023 shall be calculated at the rate of $31.23 per service call (“Service
Call Rate”) multiplied by the number of service calls dispatched by McHenry for Nunda during
calendar year 2020. Commencing on each anniversary date of this Agreement, the Service Call
Rate shall each increase by 3.5% each year (“Adjusted Dispatch Rates”) and the Adjusted Dispatch
Rates shall be multiplied by the number of service calls dispatched by McHenry for Nunda in the
prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the next year of Dispatch
Services to be paid on the same monthly basis as the Original Term Dispatch Fee.
Service Call Rate Chart
22/23 23/24 (3.5%) 24/25 (3.5%) 25/26 (3.5%) 26/27 (3.5%)
Call Rate $31.23 $32.32 $33.45 $34.63 $35.84
Miscellaneous Provisions
6. No Agency Created: Only an independent contractor relationship is created by this
Agreement and neither party shall constitute an authorized agent of the other. This Agreement
constitutes the entire agreement between the parties hereto and no other person or entity shall be
deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights
and duties hereunder. All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry Police Chief or the Nunda Fire Chief, respectively.
7. Indemnification: Nunda hereby indemnifies McHenry and its elected and
appointed officials, attorneys, officers, and employees, and hold them harmless from any claim,
injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the
provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively
provide Dispatching Services pursuant to this Agreement. Nunda shall reimburse McHenry for
any attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim,
injury or loss, occurring during the term of this Agreement or thereafter arising out of the activities
contemplated by this Agreement provided that the cause of action is not the result of negligence,
lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its
agents.
8. Insurance: Nunda shall maintain, for the term of this Agreement, and any
extensions thereof, comprehensive general liability insurance, issued by an insurance company
qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000.
McHenry shall be named as an additional insured on said policy and the policy shall provide that
McHenry be given 30 days written notice of cancellation or material charges thereto.
Nunda Fire Protection District City of McHenry
By__________________________________ By _________________________________
Board President Date Its Mayor Date
107
Intergovernmental Agreement for Dispatch Services
Between the City of McHenry and Woodstock Fire Protection District
This Agreement is effective this 1st day of May, 2022 by and between the City of
McHenry (“McHenry”) and the Woodstock Fire Protection District (“Woodstock”).
Recitals
A. McHenry provides, among other services, radio dispatched police / law
enforcement services and fire / ems services (“Dispatching Services”).
B. Woodstock desires to continue utilizing Dispatching Services of McHenry for the
purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch to
fire personnel employed by the District and other services.
C. McHenry and Woodstock have the power and authority to enter into this Agreement
pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of 1979, and the
Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and other
applicable authority.
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged
as being received, Woodstock and McHenry agree as follows:
1. Term of Agreement: This Agreement shall commence on May 1, 2022 and
terminate on April 30, 2027, unless earlier terminated by either party upon (6) six month’s written
notice to the other party for any reason or no reason at all. In no event shall any portion of the fee
payable herein be subject to reimbursement due to early termination of this Agreement by either
party. This Agreement may only be extended by written agreement of both parties hereto.
2. McHenry’s Obligation: McHenry shall provide Dispatching Services to
Woodstock during the term of this Agreement in accordance with Illinois law including but not
limited to 210 ILCS 50/ et seq. commonly known as the “Emergency Medical Services EMS
Systems Act”. Additional services may include the initiation of emergency weather warning sirens.
3. Woodstock Hardware: At its sole expense, Woodstock shall install and maintain
any required radio infrastructure necessary to receive radio communications from its personnel
and relay them to the McHenry Communications Center in McHenry, Illinois. The cost of
telephone lines and interface equipment necessary to accomplish these services shall be the
responsibility of Woodstock.
4. No Supervision of Direction: McHenry Dispatching Services provided to
Woodstock hereunder are limited to the dispatch of Woodstock Fire Protection District personnel.
McHenry dispatchers and on-duty supervisory personnel have no responsibility to ensure that
Woodstock fire personnel comply with any applicable rules and regulations. The supervision and
direction of Woodstock fire personnel are outside the scope of this Agreement and remain the
responsibility of Woodstock.
5. Dispatch Fee: Beginning on May 1, 2022, Woodstock shall pay monthly dispatch
fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”). The
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2
Dispatch Fees for Fiscal Year 2022/2023 shall be calculated at the rate of $31.23 per service call
(“Service Call Rate”) multiplied by the number of service calls dispatched by McHenry for
Woodstock during calendar year 2020. Commencing on each anniversary date of this Agreement,
the Service Call Rate shall each increase by 3.5% each year (“Adjusted Dispatch Rates”) and the
Adjusted Dispatch Rates shall be multiplied by the number of service calls dispatched by McHenry
for Woodstock in the prior calendar year, thereby arriving at the Adjusted Dispatch Fees for the
next year of Dispatch Services to be paid on the same monthly basis as the Original Term Dispatch
Fee.
Service Call Rate Chart
22/23 23/24 (3.5%) 24/25 (3.5%) 25/26 (3.5%) 26/27 (3.5%)
Call Rate $31.23 $32.32 $33.45 $34.63 $35.84
Miscellaneous Provisions
6. No Agency Created: Only an independent contractor relationship is created by this
Agreement and neither party shall constitute an authorized agent of the other. This Agreement
constitutes the entire agreement between the parties hereto and no other person or entity shall be
deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights
and duties hereunder. All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry Police Chief or the Woodstock Fire Chief, respectively.
7. Indemnification: Woodstock hereby indemnifies McHenry and its elected and
appointed officials, attorneys, officers, and employees, and hold them harmless from any claim,
injury, or loss, no matter how allegedly sustained, arising out of or related in any way to the
provision of, the use of, the disruption of, or the failure of McHenry to adequately or effectively
provide Dispatching Services pursuant to this Agreement. Woodstock shall reimburse McHenry
for any attorneys’ fees incurred by McHenry in connection with defense of any such alleged claim,
injury or loss, occurring during the term of this Agreement or thereafter arising out of the activities
contemplated by this Agreement provided that the cause of action is not the result of negligence,
lack of due care, gross negligence or willful and wanton misconduct on behalf of McHenry or its
agents.
8. Insurance: Woodstock shall maintain, for the term of this Agreement, and any
extensions thereof, comprehensive general liability insurance, issued by an insurance company
qualified to do business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000.
McHenry shall be named as an additional insured on said policy and the policy shall provide that
McHenry be given 30 days written notice of cancellation or material charges thereto.
Woodstock Fire Protection District City of McHenry
By__________________________________ By _________________________________
Board President Date Its Mayor Date
109
Intergovernmental Agreement for Dispatch Services
Between the City of McHenry and Village of Fox River Grove
This Agreement is effective this 1st day of May, 2022 by and between the City of
McHenry (“McHenry”) and the Village of Fox River Grove (“Fox River Grove”).
Recitals
A. McHenry provides, among other services, radio dispatched police / law
enforcement services and fire / ems services (“Dispatching Services”).
B. Fox River Grove desires to continue utilizing Dispatching Services of McHenry for
the purposes of providing 24-hour E 9-1-1 telephone answering service, emergency radio dispatch
to police personnel employed by the Village and other services.
C. McHenry and Fox River Grove have the power and authority to enter into this
Agreement pursuant to the provisions of Article VII, Section 10 of the Illinois Constitution of
1979, and the Illinois Intergovernmental Cooperation Act, as amended, 5 ILCS 220/1 et seq., and
other applicable authority.
NOW THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged
as being received, Fox River Grove and McHenry agree as follows:
1. Term of Agreement: This Agreement shall commence on May 1, 2022 and
terminate on April 30, 2027, unless earlier terminated by either party upon (6) six month’s written
notice to the other party for any reason or no reason at all. In no event shall any portion of the fee
payable herein be subject to reimbursement due to early termination of this Agreement by either
party. This Agreement may only be extended by written agreement of both parties hereto.
2. McHenry’s Obligation: McHenry shall provide 24-hour emergency (9-1-1) and
non-emergency police Dispatching Services to Fox River Grove during the term of this Agreement
in accordance with Illinois law including but not limited to 210 ILCS 50/ et seq. commonly known
as the “Emergency Medical Services EMS Systems Act”. Additional services provided include:
• the initiation of emergency weather warning sirens,
• 24-hour non-emergency call processing for police and public works calls that are not
related to the dispatching of police to calls for service,
• Operate, maintain and manage Fox River Grove’s access and use requirements for both the
Law Enforcement Data System (LEADS) and National Crime Information Center (NCIC).
• Monitor police department security cameras.
• Answer questions related to public health and safety issues (e.g. boil orders or street
closures) and general information related to Police and other Fox River Grove services
asked by Fox River Grove citizens and others in accordance with informational materials
provided by Fox River Grove; provided, however, that McHenry shall forward to Fox River
Grove, as the case may be, non-emergency calls.
• Provide access to the ETSB audio logging recorder system of all Fox River Grove calls
and, upon request, provide copies of recorded calls to the Fox River Grove Police
Department.
3. Fox River Grove Hardware: At its sole expense, Fox River Grove shall install
and maintain any required radio infrastructure necessary to receive radio communications from its
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personnel and relay them to the McHenry Communications Center in McHenry, Illinois. The cost
of telephone lines and interface equipment necessary to accomplish these services shall be the
responsibility of Fox River Grove.
4. No Supervision of Direction: McHenry Dispatching Services provided to Fox
River Grove hereunder are limited to the dispatch of Fox River Grove police personnel. McHenry
dispatchers and on-duty supervisory personnel have no responsibility to ensure that Fox River
Grove police personnel comply with any applicable rules and regulations. The supervision and
direction of Fox River Grove police personnel are outside the scope of this Agreement and remain
the responsibility of Fox River Grove.
5. Dispatch Fee: Beginning on May 1, 2022, Fox River Grove shall pay monthly
dispatch fees to McHenry, to be paid no later than the 10th day of each month (“Dispatch Fees”).
Dispatch Fees for Fiscal Year 2022/2023 shall be calculated at the rate of $31.23 per service call
(“Service Call Rate”) and $14.00 per traffic stop (“Traffic Stop Rate”) multiplied by the number
of service calls and Traffic calls dispatched by McHenry for Fox River Grove during calendar year
2021. Commencing on each anniversary date of this Agreement, the Service Call Rate and Traffic
Stop Rate shall each increase by 3.5% each year (“Adjusted Dispatch Rates”) and the Adjusted
Dispatch Rates shall be multiplied by the number of service calls and traffic stops dispatched by
McHenry for Fox River Grove in the prior calendar year, thereby arriving at the Adjusted Dispatch
Fees for the next year of Dispatch Services to be paid on the same monthly basis as the Original
Term Dispatch Fee.
Service Call Rate Chart
FY 22/23 FY 23/24 (3.5%) FY 24/25 (3.5%) FY 25/26 (3.5%) FY 26/27 (3.5%)
Call Rate $31.23 $32.32 $33.45 $34.63 $35.84
Traffic Stop Rate $14.00 $14.49 $14.99 $15.51 $16.05
Service Calls Exemptions: The City agrees that the following officer-initiated call types will be
removed from the end of year service call total when calculating the annual Dispatch Fee; bar
checks, business checks, foot patrols, house checks, ordinance violations, and other public service.
Miscellaneous Provisions
6. No Agency Created: Only an independent contractor relationship is created by this
Agreement and neither party shall constitute an authorized agent of the other. This Agreement
constitutes the entire agreement between the parties hereto and no other person or entity shall be
deemed to be a beneficiary of this Agreement. No party shall assign this Agreement or the rights
and duties hereunder. All notices give or required under this Agreement shall be in writing and
sent by certified mail to McHenry Police Chief or the Fox River Grove Village Administrator,
respectively.
7. Indemnification: McHenry and Fox River Grove hereby indemnify each other,
and their respective elected and appointed officials, attorneys, officers, and employees, and hold
them harmless from any claim, injury, or loss, arising out of or related in any way to the actions
of their own employees, including attorneys’ fees incurred in connection with defense of any such
alleged claim, injury or loss, occurring during the term of this Agreement.
8. Insurance: Each party shall maintain, for the term of this Agreement,
comprehensive general liability insurance, issued by an insurance company qualified to do
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3
business in the State of Illinois, with minimum limits of $1,000,000/$3,000,000. Each party shall
be named as an additional insured on each other’s policy.
Village of Fox River Grove City of McHenry
By__________________________________ By _________________________________
Village President Date Its Mayor Date
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City Council
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Page 1
McHenry City Council
Regular Meeting Minutes
December 6, 2021
Call to Order
The City Council of the City of McHenry, Illinois, met at McHenry City Hall, 333 S Green St, on
Monday, December 6, 2021, at 7:00 p.m.
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 Economic Development Martin, Director of Parks and Recreation Hobson, and Chief
of Police Birk.
Pledge of Allegiance
Mayor Jett lead those present in the Pledge of Allegiance .
Public Comment
Mary Gibbard stated that many people have spent a lot of time and money working on
developing the Riverwalk. There is much interest in what is developed on Waukegan Road, and
traffic is a major concern. Mayor Jett explained that the previous proposal from Lynmark is no
longer being considered.
Consent Agenda
A. Ordinance authorizing the purchase of and accepting the real estate contract for 1405 N.
Riverside Drive, McHenry, Illinois between Patrick M. Summers and the City of McHenry
B. Ordinance amending the FY21/22 Water and Sewer Fund Budget in the amount of
$75,000; and, waive competitive bidding and award a contract purchase order to Water
Well Solutions Illinois Division, Inc, LLC of Elbur n, Illinois in the amount of $64,752 for the
Raw Water Well #5 Pump Replacement and Well Casing Relining emergency repairs
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C. Motion to approve an Ordinance amending the FY21/22 Water and Sewer Fund Budget
in the amount of $25,000; and, to award a purchase o rder to Sabel Mechanical, LLC of
Fond du Lac, Wisconsin for base elbow repairs to the Millstream Lift Station in the amount
of $18,258
D. Ordinance Amending Title 4, Chapter 2, Alcoholic Liquor, Section 6, License Classification
and Fees; Approval Authority; Limitation on Number of Licenses
E. Award of bid in the amount of $85,930 to Winkler Tree and Landscaping, Inc. of LaGrange
Park, Illinois for the 2021-2022 Winter Tree Trimming Program
F. Dual Representation and Waiver of Conflict Agreement between the City of McHenry and
Baggio Properties, LLC - Car Wash Series
G. November 15, 2021 City Council Meeting Minutes
H. Issuance of Checks in the amount of $234,379.72
A motion was made by Alderman S trach and seconded by Alderman McClatchey to approve
consent agenda items A through H as presented . Roll Ca ll: Vote: 7-ayes: Alderman Santi,
Alderman Strach, Alderman Glab, Alderman McClatchey, Alderman Harding, Alderman Devine,
Alderwoman Miller . 0-nays, 0-abstained. Motion carried.
Individual Action Item Agenda
Motion to pass a Resolution approving the destruction of any executive session recordings that
exist more than 18 months, for the approval of executive session minutes, for the release of
certain minutes, and to keep certain minutes confidential.
Alderman Glab clarified that not all executive session minutes will be released, and there are
minutes from meetings that still need to remain confidential. A motion was made by Alder man
Santi and seconded by Alder woman Miller to pass a resolution approving the destruction of
any executive session recordings that exist more than 18 months, for the approval of executive
session minutes, for the release of certain minutes, and to keep cert ain minutes confidential.
Roll Call: Vote: 7-ayes: Alderwoman Miller, Alderman Strach, Alderman Santi, Alderman Glab,
Alderman McClatchey, Alderman Harding, Alderman Devine . 0-nays, 0-abstained. Motion
carried.
Discussion Items
Discussion regarding municipal waste hauling services and direction to release the proposed
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scope of services
Director Strange explained that there are multiple scope options listed that could be considered
by Council. The biggest recommendation is eliminating the Saturday drop-off at Knox Park. There
also seems to be universal support for a spring clean-up day. Those two items should be included
in all of the options. He is open to paring down the number of alternatives to be presented to
prospective bidders. Alderman McClatchey asked for a definition of spring clean -up, and Director
Strange explained that this is one day when there are unlimited bulk items that can be placed on
the curb for pick-up. Alderman Glab believed April is too early and that May would be better for
most residents. There were no objections to having spring clean-up in May.
Alderwoman Miller had an “I Want List” that she shared with the Council. She believes having
three options of toters would make it more expensive for the haulers. She suggests keeping the
sticker program along with one large size toter for garbage and 35 and 95 gallon toters for
recycling. She agrees that unlimited yard waste at the curb should be offered with no drop -off at
Knox Park. Another request from Alderwoman Miller is for a food waste/compost hauler option.
This could be an additional cost tha t each resident would pay for as an option instead of having
a cost for all residents. She also wishes to keep the weekly bulk item and an annual e -collection
event.
Alderman Glab questions how many residents would use the composting service and warns th at
offering more services could be more expensive. He also has reservations about unlimited yard
waste pickup as that could be abused by landscaping businesses. When looking at cost
comparisons to other municipalities, McHenry is already more expensive tha n Crystal Lake and
Cary. Director Strange explained that the most probable reason for our higher costs is due to our
offering the sticker program. Our base price is higher because we offer a sticker system and our
costs would be lower if everybody was required to use toters. Alderman Devine, Alderman
Strach, Alderman Harding, and Alderman McClatchey all were happy with using Alternate 1 for
bidding with the removal of the Saturday drop-off. Anderman Santi is happy with Alternate 1 but
would also like to see a pricing if we did not offer the sticker program.
There was discussion about the number and sizes of toters and why we would only offer one
toter for garbage but two for recycling. Alderwoman Miller stated that for garbage people could
either have the large toter , or they had a sticker option if they did not have much garbage. Some
people don’t recycle as much so they could have a large and small recycling option. Director
Polerecky explained that if you forced people to have a large toter, there wou ld be code
compliance issues. Many people don’t have the room in their garage for a large toter, and it is
illegal to store the toters in front of houses or garages. Small toters would be a better option for
those with limited room. Council then suggested that offering two refuse size options would be
a good idea along with recycling.
Director Strange summed up the discussion by stating the majority of the Council would like to
go with Alternate 1, with two sizing options each for recycling and garbage, an alternate for
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compost, an unlimited curbside leaf collection, one weekly bulk item, an e -waste recycling date,
and collection for municipal owned facilities.
Discussion regarding scope for redevelopment of the former Central Wastewater Treatment
Plant
Administrator Morefield gave an overview of how the City has reached this point and how we
now need to hit the reset button. There is currently no proposal or concept before the Council,
and the next step is to see what could or should be developed at that site.
The property served as a wastewater treatment plant for a number of years. The City currently
owns that site, generates no taxes, and serves no purpose. It is now a prime location on the Fox
River, close to downtown, and is a good site to develop. Two years ago an RFP for the site was
released with few guidelines for development. At that time there was a lot of feedback from
developers that there were issues coming up with a development because the structures from
the old treatment plant were still intact. There were demolition and site cleanup issues and
developers had no idea how to figure in those costs. The City obtained a $500,000 grant to use
toward cleanup and demolition costs, and the City moved forward with demolition. Dem olition
costs were approximately $1 million, half of which was paid for with the grant.
With a clean site that was ready to develop, the City recently released another RFP that garnered
some interest but only produced one official proposal. That proposal was from Lynmark and they
went through an interview with staff members to make sure they were legitimate and had the
ability to produce the development that they proposed. Lymark made a p roposal to Council to
see if they were comfortable moving forward on negotiations. Council decided not to move
forward with Lynmark and Administrator Morefield has not spoken to them since. We are now
here to see what Council’s vision for the site might be. If Staff can get an idea of what Council
would consider, we would then be able to give some direction to developers.
Alderman Harding suggested that the City consider using a consultant group to come with us with
multiple plans. A restaurant group is an option with a relaxed atmosphere with bags and
pickleball courts. A park could be developed similar to what is at Miller Point or Veterans Park.
He also asked about our relationship with Lynmark because he might be interested in one of their
developments at Bull Valley/Route 31, Bull Valley/Crystal Lake Road, or on the former bank
property at Green/Elm.
Alderwoman Miller explained that she is looking at this from the river coming in. She hears the
same public voice with concerns about traffic. With the Fox River we could have boat and tourist
traffic utilizing that property. She isn’t opposed to mixed development with some commercial
with restaurants. She would like to focus on the water and have less intensity on the residential
aspect of the property.
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Alderman Devine does not like having high density on that property. He would like to take
advantage of the river and possibly see some mixed use or turn it into property where people
have ownership and want to stay in McHenry.
Alderman McClatchey agrees with Alderwoman Miller’s suggestions. He would like to see mixed
use in that area and have it a destination when people go up and down the river. He is not for
giving that property away and lowering the developer donation fees.
Alderman Strach stated that as much as people don’t want to see high density or multifamily use,
that is a trend and the direction the industry is going. Many people want to move into a
community and don’t want to own or maintain their property. As much as we don’t want to see
a development like that from Lynmark, we will see more and more of that coming. He agrees
with comments regarding mixed use on the property, but that also brings in traffic.
Alderman Glab stated that whatever is developed we are building for the future. Just because
something is a trend now that doesn’t mean it will be here five to eight years down the road. This
town has been a family oriented and homeowner community. Just because that trend is changing
in the area doesn’t mean that McHenry has to change. He is also disturbed by the talk of money
and the TIF district. He heard from Lynmark how their development would bring in money for
the City, but we also have residents who have lived here their whole lives and we shouldn’t have
to change our town because other people from out of the area want something different here.
He does not want to see a five story building anywhere in McHenry. Townhomes may work at
that location. The current townhomes have blended in beautifully with the Riverwalk, but he is
unsure how many new townhomes could be built on that property.
Alderman Santi sees a piece of land bordered by the Country Club, the Fox River, and a marina.
The Riverwalk project is moving forward and a lot of resources have been used for that project.
Although some Council members have mentioned mixed-use with retail and a restaurant, he likes
the concept of ownership along with it. We could be promoting businesses on the waterway side
of things. He understands that we need to pitch this proper ty and go to developers.
Administrator Morefield stated that in terms of this process, he wanted to come here to see what
Council had to say about possible development. His suggestion for a next step would be to create
a redevelopment or site profile based on what he heard from Council and draft a version to bring
back for the Council to review. He will summarize the Council member comments and bring it
back for another discussion. Maybe after hearing other ideas tonight there might be other
suggestions to bring back as well. He also stated that the TIF district will soon be ending but the
City is in the process of extending it another twelve years. This is important for a developer
because a better development can go into that property with a longer TIF life.
Mayor Jett told the members of the public that he wants their voices and comments to be heard.
They are welcome to submit their comments or suggestions to him so we can see what they
envision. Alderman Glab suggested that money that is collected from this development should
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go back into the Water & Sewer fund because money was taken from that fund for the demolition
and cleanup of the site. He would like to see that money help pay off the debt service because
the residents should not have to pay for that.
Staff Report
Director Polerecky gave an update of the Authentix project at Blake Farms. The sewer connection
has been made at Blake Boulevard and Route 31, and it is moving east into the project area. Staff
met with residents and Alderman McClatchey regarding the tree line on the east that serves as a
buffer. That tree line was saved. Questions were raised from a resident regarding a walking path
in the project area. During the conceptual plan phase, staff recommended the addition of a
walking path for those residents to rec reate. The interior walking path was approved at both the
Planning & Zoning level and Council level. The walking path will not connect to Almond Lane.
There have been two minor revisions made to the project so far. Some contour grading was
changed to keep the tree line to ensure the water would drain properly. A minor adjustment was
also made to the retaining wall on the eastern property line. No other changes have been made
to what was presented and approved by the Council.
Mayor’s Report
There was no report from Mayor Jett.
City Council Comment
Alderwoman Miller reported that she has had quite a few residents call her about the new HOA
at Patriot Estates. There is a new management of the HOA that has caused a lot of disruptions,
fee increases, and unhappy residents. She responded that this was not a City issue but thanked
them for keeping us updated.
Alderman Santi thanked Staff and Mayor Jett for getting the purchase of 1405 Riverside
accomplished. Parking has been a concern in that area of town and this should make for a great
improvement to Riverside Drive.
Adjournment
A motion was made by Alderman Santi and seconded by Alderman S trach to adjou rn the
meeting at 8:32 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
_________________________________ ________________________________
118
Expense Approval Register
McHenry, IL List of Bills Council Meeting ‐ 12‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: BAKER & SON CO, PETER
BAKER & SON CO, PETER 36458 12/20/2021 SFC 100‐33‐6110 65.94
Vendor BAKER & SON CO, PETER Total:
65.94
Vendor: BIRKLE, HOLLY
BIRKLE, HOLLY 330746 12/20/2021 MSHIP CHANGE 400‐40‐3645 198.00
Vendor BIRKLE, HOLLY Total:
198.00
Vendor: BT MCHENRY LLC
BT MCHENRY LLC
083706
12/20/2021
WATER‐SEWER 9/15‐11/15/21
100‐01‐5110
57.57
Vendor BT MCHENRY LLC Total:
57.57
Vendor: CAPITAL GAINS INCORPORATED
CAPITAL GAINS
2630
12/20/2021
FIXED INC MGMT SVS 12/1‐
760‐00‐5110
8,649.00
Vendor CAPITAL GAINS INCORPORATED Total: 8,649.00
Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD
CHRISTOPHER B BURKE
169805
12/20/2021
WAUK AVE WW TR PL CLOMR
100‐01‐5110
1,953.75
CHRISTOPHER B BURKE
170450
12/20/2021
WW TRTMT PLANT CLOMR
100‐01‐5110
728.28
CHRISTOPHER B BURKE
170916
12/20/2021
WW TR PLANT CLOMR
100‐01‐5110
269.78
CHRISTOPHER B BURKE
171055
12/20/2021
DWNTWN STREETSCAPE
100‐01‐8900
7,535.94
CHRISTOPHER B BURKE 171055 12/20/2021 DWNTWN STREETSCAPE 290‐00‐8900 22,607.80
Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total:
33,095.55
Vendor: COMED
COMED
INV0012453
12/20/2021
SHANNON DR ELEC
100‐33‐5520
18,792.71
Vendor COMED Total:
18,792.71
Vendor: EXAMWORKS INC
EXAMWORKS INC
280‐2450561
12/20/2021
R LUMBER
760‐00‐5110
3,173.00
EXAMWORKS INC
280‐2459739
12/20/2021
R LUMBER EXAM
760‐00‐5110
3,025.00
EXAMWORKS INC 280‐2464914 12/20/2021 R LUMBER EXAM 760‐00‐5110 3,975.00
Vendor EXAMWORKS INC Total:
10,173.00
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00482314
12/20/2021
MUN RADIO MAINT 10/16‐
225‐00‐5110
1,423.50
FOX VALLEY FIRE & SAFETY IN00482590 12/20/2021 BERKSHIRE JBURG RADIO 225‐00‐5110 195.00
FOX VALLEY FIRE & SAFETY
IN00482827
12/20/2021
RADIO INST BERKSHIRE
225‐00‐5110
195.00
Vendor FOX VALLEY FIRE & SAFETY Total:
1,813.50
Vendor: HRGREEN
HRGREEN
13‐148385
12/20/2021
PEARL ST SW & LT ENTR
270‐00‐8600
859.12
Vendor HRGREEN Total:
859.12
Vendor: INFOSEND, INC
INFOSEND, INC
202930
12/20/2021
W‐S BILLING
100‐04‐5310
1,617.50
INFOSEND, INC 202930 12/20/2021 W‐S BILLING 100‐04‐5330 549.91
Vendor INFOSEND, INC Total:
2,167.41
Vendor: JEXAL'S WING‐ZERIA
JEXAL'S WING‐ZERIA
INV0012454
12/20/2021
COMMERCIAL TENANT
100‐06‐5110
15,000.00
Vendor JEXAL'S WING‐ZERIA Total:
15,000.00
Vendor: MCHENRY COUNTY RECORDER OF DEEDS
MCHENRY COUNTY RECORDER
INV0012455
12/20/2021
MTHLY REC FEES
100‐01‐6940
86.00
MCHENRY COUNTY RECORDER
INV0012456
12/20/2021
MTHLY REC
510‐31‐6940
129.00
MCHENRY COUNTY RECORDER
INV0012456
12/20/2021
MTHLY REC
510‐32‐6940
129.00
Vendor MCHENRY COUNTY RECORDER OF DEEDS Total:
344.00
Vendor: NELBUD SERVICES LLC
NELBUD SERVICES LLC
22003207
12/20/2021
INSPECTION
100‐01‐5110
300.00
Vendor NELBUD SERVICES LLC Total:
300.00
12/15/2021 3:55:21 PM
119
Expense Approval Register Packet: APPKT02269 ‐ 12‐20‐21 AP CKS
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: PURCHASE POWER
PURCHASE POWER
INV0012457
12/20/2021
POSTAGE
100‐01‐5310
58.89
PURCHASE POWER INV0012457 12/20/2021 POSTAGE 100‐03‐5310 28.08
PURCHASE POWER
INV0012457
12/20/2021
POSTAGE
100‐04‐5310
533.28
PURCHASE POWER
INV0012457
12/20/2021
POSTAGE
100‐22‐5310
201.16
PURCHASE POWER
INV0012457
12/20/2021
POSTAGE
100‐30‐5310
7.96
PURCHASE POWER
INV0012457
12/20/2021
POSTAGE
100‐41‐5310
1.26
PURCHASE POWER INV0012458 12/20/2021 PSG 510‐32‐5310 7.95
Vendor PURCHASE POWER Total:
838.58
Vendor: SERVICEMASTER BY THACKER
SERVICEMASTER BY THACKER 23898 12/20/2021 JANITORIAL COMM SVS 100‐33‐5115 500.00
Vendor SERVICEMASTER BY THACKER Total:
500.00
Vendor: SHAW MEDIA
SHAW MEDIA
10474 11‐30‐21
12/20/2021
CHAMBER GUIDE ADS
100‐06‐5110
750.00
Vendor SHAW MEDIA Total:
750.00
Vendor: STERLING CODIFIERS
STERLING CODIFIERS
12609
12/20/2021
SUPP EDITING 2021 S‐2
100‐01‐5110
1,856.00
Vendor STERLING CODIFIERS Total: 1,856.00
Vendor: ULTRA STROBE COMMUNICATIONS INC
ULTRA STROBE
080103
12/20/2021
319 K‐9
100‐01‐8300
2,970.90
Vendor ULTRA STROBE COMMUNICATIONS INC Total: 2,970.90
Vendor: WARD & ASSOC INC, ROBERT H
WARD & ASSOC INC, ROBERT H
21‐179
12/20/2021
CONC CURB REPAIR
100‐33‐8600
48,265.00
Vendor WARD & ASSOC INC, ROBERT H Total:
48,265.00
Vendor: WINNEBAGO LANDFILL CO
WINNEBAGO LANDFILL CO
8967
12/20/2021
SLUDGE
510‐32‐5580
5,164.00
Vendor WINNEBAGO LANDFILL CO Total:
5,164.00
Grand Total:
151,860.28
12/15/2021 3:55:21 PM
120
Expense Approval Register Packet: APPKT02269 ‐ 12‐20‐21 AP CKS
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
102,129.91
225 ‐ ALARM BOARD FUND 1,813.50
270 ‐ MOTOR FUEL TAX FUND
859.12
290 ‐ TIF FUND
22,607.80
400 ‐ RECREATION CENTER FUND
198.00
510 ‐ WATER/SEWER FUND
5,429.95
760 ‐ POLICE PENSION FUND 18,822.00
Grand Total:
151,860.28
121
Expense Approval Register
McHenry, IL #2 List of Bills Council Meeting ‐12‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: ADAMS ENTERPRISES INC, R A
ADAMS ENTERPRISES INC, R A S047232 12/20/2021 Snowplow Pin INV#S047232 510‐32‐5375 16.56
ADAMS ENTERPRISES INC, R A
S047461
12/20/2021
Vehicle repairs
100‐45‐5370
887.04
Vendor ADAMS ENTERPRISES INC, R A Total:
903.60
Vendor: ADVANCED AUTOMATION AND CONTROLS INC
ADVANCED AUTOMATION AND 21‐3635 12/20/2021 Inv# 21‐3635 510‐31‐5110 2,185.00
ADVANCED AUTOMATION AND
21‐3768
12/20/2021
Inv# 21‐3768
510‐31‐5110
460.00
ADVANCED AUTOMATION AND
21‐3818
12/20/2021
Troubleshooting
510‐32‐5380
4,121.72
Vendor ADVANCED AUTOMATION AND CONTROLS INC Total:
6,766.72
Vendor: AFFILIATED SERVICE
AFFILIATED SERVICE
1188
12/20/2021
Aaon RTU 4 & 5 repairs
400‐00‐5375
888.00
Vendor AFFILIATED SERVICE Total: 888.00
Vendor: AMERICAN WATER WORKS ASSN
AMERICAN WATER WORKS 7001976727 12/20/2021 AWWA Individual Dues ‐ Wirch 510‐35‐5410 238.00
Vendor AMERICAN WATER WORKS ASSN Total: 238.00
Vendor: AQUALAB WATER TREATMENT, INC
AQUALAB WATER TREATMENT,
7823
12/20/2021
7823
100‐03‐5120
100.00
Vendor AQUALAB WATER TREATMENT, INC Total:
100.00
Vendor: ARAMARK REFRESHMENT SERVICES LLC
ARAMARK REFRESHMENT
6902844
12/20/2021
Coffee Creamers #6902844
100‐01‐6110
27.08
Vendor ARAMARK REFRESHMENT SERVICES LLC Total:
27.08
Vendor: ARCO MECHANICAL EQUIPMENT SALES
ARCO MECHANICAL
19716
12/20/2021
Gas Detection Calibration 2021
100‐33‐5115
1,390.00
Vendor ARCO MECHANICAL EQUIPMENT SALES Total: 1,390.00
Vendor: ASSOCIATED ELECTRICAL CONTRACTORS
ASSOCIATED ELECTRICAL 350073645 12/20/2021 Petersen Park parking lot 280‐41‐8800 19,530.00
ASSOCIATED ELECTRICAL
350073696
12/20/2021
Park Improvements
280‐41‐8800
27,870.00
Vendor ASSOCIATED ELECTRICAL CONTRACTORS Total: 47,400.00
Vendor: BIG SKY COMMUNICATIONS, INC
BIG SKY COMMUNICATIONS,
83689
12/20/2021
Headsets
100‐23‐6110
495.00
Vendor BIG SKY COMMUNICATIONS, INC Total:
495.00
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC
65261
12/20/2021
Cleaning Supplies
400‐00‐6111
417.01
CABAY & COMPANY INC 65288 12/20/2021 Cleaning Supplies 400‐00‐6111 188.89
CABAY & COMPANY INC
65335
12/20/2021
Cleaning Supplies
400‐00‐6111
16.80
CABAY & COMPANY INC
65377
12/20/2021
Cleaning Supplies
400‐00‐6111
288.06
CABAY & COMPANY INC
65416
12/20/2021
Cleaning Supplies
400‐00‐6111
195.64
CABAY & COMPANY INC 65447 12/20/2021 65447 100‐03‐5120 147.32
Vendor CABAY & COMPANY INC Total:
1,253.72
Vendor: CINTAS
CINTAS
5085564192
12/20/2021
Cintas First Aid Replenishment
400‐00‐6130
206.79
Vendor CINTAS Total:
206.79
Vendor: CRYSTAL LAKE PARK DISTRICT
CRYSTAL LAKE PARK DISTRICT
503624
12/20/2021
Trip ‐ Naperville Trolley
100‐46‐5110
713.16
Vendor CRYSTAL LAKE PARK DISTRICT Total:
713.16
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING 23811 12/20/2021 UPM ‐ STS ‐ 23811 100‐33‐6110 999.70
Vendor CURRAN CONTRACTING COMPANY Total:
999.70
Vendor: DN N DRTY, LLC
DN N DRTY, LLC 21‐1119‐9803 12/20/2021 Towed squad 100‐22‐5110 50.00
12/15/2021 4:05:20 PM
122
Expense Approval Register Packet: APPKT02270 ‐ RECT INV 12‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
DN N DRTY, LLC
21‐1127‐9856
12/20/2021
Towed squad
100‐22‐5110
40.00
Vendor DN N DRTY, LLC Total:
90.00
Vendor: EBY GRAPHICS INC
EBY GRAPHICS INC
8597
12/20/2021
Signs ‐ Do Not Block Driveway
100‐22‐5370
518.70
Vendor EBY GRAPHICS INC Total:
518.70
Vendor: EDESIGN CHICAGO
EDESIGN CHICAGO 2016759 12/20/2021 Brochure ‐ W/S Design 100‐41‐5330 609.38
Vendor EDESIGN CHICAGO Total:
609.38
Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP
ED'S AUTOMOTIVE/JIM'S 11‐30‐21 STMT 12/20/2021 Vehicle Safety Inspection #429, 100‐33‐5370 90.00
ED'S AUTOMOTIVE/JIM'S STMT 11‐30‐21 12/20/2021 Vehicle Safety Inspection #624, 510‐32‐5370 74.50
Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total:
164.50
Vendor: EJ USA INC
EJ USA INC
110210097438
12/20/2021
Water manhole covers
510‐31‐6110
702.48
Vendor EJ USA INC Total:
702.48
Vendor: FASTENAL
FASTENAL
ILWOD181460
12/20/2021
Marking paint #ILWOD181460
510‐35‐6110
665.92
Vendor FASTENAL Total:
665.92
Vendor: FGM ARCHITECTS
FGM ARCHITECTS
21‐3272.01‐2
12/20/2021
Locker Room Expansion
100‐01‐8200
8,400.00
Vendor FGM ARCHITECTS Total: 8,400.00
Vendor: GALLS LLC
GALLS LLC 019816782 12/20/2021 Uniform Order ‐ Hernandez 100‐22‐4510 87.53
GALLS LLC
019816856
12/20/2021
Uniform Order ‐ McKeen
100‐22‐4510
49.78
GALLS LLC
019817779
12/20/2021
Uniform Order ‐ Lumber
100‐22‐4510
124.35
GALLS LLC
019818277
12/20/2021
Uniform Order ‐ Hernandez
100‐22‐4510
152.75
GALLS LLC
019842151
12/20/2021
Uniform Order ‐ Shafer
100‐22‐4510
67.40
GALLS LLC
019842645
12/20/2021
Bail out Bag
100‐22‐4510
65.00
GALLS LLC
019859651
12/20/2021
Uniform Order
100‐22‐4510
94.10
GALLS LLC
019872768
12/20/2021
Uniform Order ‐ Allen
100‐23‐4510
57.63
GALLS LLC 019872779 12/20/2021 Uniform Order ‐ Lorenz 100‐22‐4510 168.01
GALLS LLC 019902184 12/20/2021 Uniform Order ‐ Lorenz 100‐22‐4510 58.76
GALLS LLC
01990647
12/20/2021
Uniform Order ‐ Spohn
100‐22‐4510
137.80
GALLS LLC
019909684
12/20/2021
Uniform Order ‐ O'Herron
100‐22‐4510
48.34
GALLS LLC
019909685
12/20/2021
Uniform Order ‐ Veronese
100‐23‐4510
97.33
GALLS LLC 019909718 12/20/2021 Uniform Order ‐ K. Schmitt 100‐23‐4510 122.40
GALLS LLC
019909721
12/20/2021
Uniform Order ‐ Varvil
100‐22‐4510
124.71
GALLS LLC
019922930
12/20/2021
Uniform Order ‐ Morales
100‐22‐4510
242.36
GALLS LLC
019947567
12/20/2021
Uniform Order ‐ Lorenz
100‐22‐4510
37.51
GALLS LLC 019951494 12/20/2021 Uniform Order ‐ Shafer 100‐22‐4510 11.86
GALLS LLC
019956300
12/20/2021
Uniform Order ‐ Spohn
100‐22‐4510
60.70
GALLS LLC
019966277
12/20/2021
Uniform Ordere ‐ Harris
100‐22‐4510
107.38
GALLS LLC
019966329
12/20/2021
Uniform Order ‐ Morales
100‐22‐4510
43.04
Vendor GALLS LLC Total:
1,958.74
Vendor: HAWKINS INC
HAWKINS INC
6076917
12/20/2021
Chemical Delivery #6076917
510‐32‐6110
1,631.59
HAWKINS INC
6076972
12/20/2021
Chemical Delivery #6076972
510‐32‐6110
4,854.76
Vendor HAWKINS INC Total:
6,486.35
Vendor: HEARTLAND SERVICES INC
HEARTLAND SERVICES INC
INVA103481
12/20/2021
Repair in squad camera
100‐22‐5370
185.00
Vendor HEARTLAND SERVICES INC Total: 185.00
Vendor: HOMESTEAD ELECTRICAL CONTRACTING LLC
HOMESTEAD ELECTRICAL 14558 12/20/2021 E.Dartmoor Temp ATS and 510‐32‐5380 1,155.00
Vendor HOMESTEAD ELECTRICAL CONTRACTING LLC Total:
1,155.00
12/15/2021 4:05:20 PM
123
Expense Approval Register Packet: APPKT02270 ‐ RECT INV 12‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: IACP
IACP
0202191
12/20/2021
IACP Renewal ‐ Birk
100‐22‐5410
190.00
Vendor IACP Total:
190.00
Vendor: ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK
ILLINOIS PUBLIC WORKS
1527
12/20/2021
IPWMAN Membership II (2022)
100‐30‐5410
250.00
Vendor ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK Total:
250.00
Vendor: INDUSTRIAL/ORGANIZATIONAL SOLUTIONS LLC
INDUSTRIAL/ORGANIZATIONAL
C51756A
12/20/2021
Sergeant Promotiional Exams
100‐21‐5110
389.00
Vendor INDUSTRIAL/ORGANIZATIONAL SOLUTIONS LLC Total: 389.00
Vendor: INTERSTATE ALL BATTERY CENTER
INTERSTATE ALL BATTERY 1903701046477 12/20/2021 Park supplies 100‐45‐6110 71.80
INTERSTATE ALL BATTERY
1903701046480
12/20/2021
Park supplies
100‐45‐6110
5.60
Vendor INTERSTATE ALL BATTERY CENTER Total: 77.40
Vendor: INTERSTATE BILLING SERVICE INC
INTERSTATE BILLING SERVICE 3025732568 12/20/2021 415 (3025732568) 100‐33‐5370 1,811.82
INTERSTATE BILLING SERVICE
3025739172
12/20/2021
417 3025739172
100‐33‐5370
260.00
INTERSTATE BILLING SERVICE
3025821752
12/20/2021
416 (3025821752)
100‐33‐5370
2,427.14
INTERSTATE BILLING SERVICE
3025827133
12/20/2021
417 (3025827133)
100‐33‐5370
439.80
INTERSTATE BILLING SERVICE 3025852417 12/20/2021 416 (3025852417) 100‐33‐5370 302.60
Vendor INTERSTATE BILLING SERVICE INC Total:
5,241.36
Vendor: KIMBALL MIDWEST
KIMBALL MIDWEST
9421903
12/20/2021
kimball stock (9421903)
100‐33‐5370
275.44
KIMBALL MIDWEST
9423558
12/20/2021
Zip ties inv# 9423558
100‐33‐6110
239.30
KIMBALL MIDWEST
9441576
12/20/2021
kimball stock (9441576)
100‐33‐5370
373.04
Vendor KIMBALL MIDWEST Total: 887.78
Vendor: KIRCHNER, INC
KIRCHNER, INC
60842
12/20/2021
Fire extinguisher inspections
400‐00‐5110
110.00
Vendor KIRCHNER, INC Total:
110.00
Vendor: LIFEGUARD STORE INC, THE
LIFEGUARD STORE INC, THE
INV001138200
12/20/2021
Team Caps
100‐47‐6110
272.50
Vendor LIFEGUARD STORE INC, THE Total:
272.50
Vendor: MAGIC OF GARY KANTOR
MAGIC OF GARY KANTOR
12‐8‐21
12/20/2021
Cont ‐ Magic Workshop
100‐46‐5110
70.00
Vendor MAGIC OF GARY KANTOR Total: 70.00
Vendor: MCHENRY POWER EQUIPMENT INC
MCHENRY POWER EQUIPMENT
469959
12/20/2021
2 Stroke Snowblower Parts
510‐32‐5375
26.32
Vendor MCHENRY POWER EQUIPMENT INC Total:
26.32
Vendor: MCMASTER‐CARR SUPPLY CO
MCMASTER‐CARR SUPPLY CO 69265596 12/20/2021 Sludge Pumps/Aerator Belts 510‐32‐5375 958.23
Vendor MCMASTER‐CARR SUPPLY CO Total:
958.23
Vendor: MENDEZ LANDSCAPING & BRICK PAVERS INC
MENDEZ LANDSCAPING &
11780
12/20/2021
11780
100‐03‐5120
750.00
Vendor MENDEZ LANDSCAPING & BRICK PAVERS INC Total:
750.00
Vendor: MID AMERICAN WATER OF WAUCONDA INC
MID AMERICAN WATER OF
244813W
12/20/2021
Mid American Water Inv#
510‐31‐6110
800.00
MID AMERICAN WATER OF
245345W
12/20/2021
6"mega lugs, 6"mj to flange
510‐31‐6110
587.00
Vendor MID AMERICAN WATER OF WAUCONDA INC Total:
1,387.00
Vendor: MIDWEST HOSE AND FITTINGS INC
MIDWEST HOSE AND FITTINGS
211862
12/20/2021
park supplies
100‐45‐6110
24.16
Vendor MIDWEST HOSE AND FITTINGS INC Total: 24.16
Vendor: MIDWEST METER INC
MIDWEST METER INC 0138239‐IN 12/20/2021 Mid West meters Water 510‐31‐6110 7,209.85
Vendor MIDWEST METER INC Total:
7,209.85
Vendor: MINUTEMAN PRESS OF MCH
MINUTEMAN PRESS OF MCH 96414 12/20/2021 Notary stamp ‐ Barrows 100‐23‐6210 39.38
12/15/2021 4:05:20 PM
124
Expense Approval Register Packet: APPKT02270 ‐ RECT INV 12‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
MINUTEMAN PRESS OF MCH
96415
12/20/2021
Notary stamp ‐ Zujewski
100‐23‐6210
39.38
MINUTEMAN PRESS OF MCH
96422
12/20/2021
PW Envelopes #96422
100‐30‐6210
130.53
Vendor MINUTEMAN PRESS OF MCH Total:
209.29
Vendor: MITCHELL1
MITCHELL1
26869475
12/20/2021
truck software renewal
620‐00‐5110
3,180.00
Vendor MITCHELL1 Total:
3,180.00
Vendor: MOTOROLA
MOTOROLA
6153420211101
12/20/2021
Monthly Invoice
100‐22‐5320
823.00
Vendor MOTOROLA Total: 823.00
Vendor: MURRAY AND TRETTEL INC
MURRAY AND TRETTEL INC 1221‐735 12/20/2021 Weather Command Annual 100‐33‐5110 3,800.00
Vendor MURRAY AND TRETTEL INC Total:
3,800.00
Vendor: NORTH EAST MULTI‐REGIONAL TRAINING INC
NORTH EAST MULTI‐REGIONAL
295236
12/20/2021
Breath Analysis Training ‐
100‐22‐5430
125.00
Vendor NORTH EAST MULTI‐REGIONAL TRAINING INC Total:
125.00
Vendor: NORTHWESTERN UNIVERSITY CENTER FOR
NORTHWESTERN UNIVERSITY
19038
12/20/2021
Staff & Command ‐ Aalto
100‐22‐5430
4,100.00
Vendor NORTHWESTERN UNIVERSITY CENTER FOR Total:
4,100.00
Vendor: PDC LABORATORIES INC
PDC LABORATORIES INC
I9491260
12/20/2021
PDC Monthly invoice
510‐31‐5110
577.50
Vendor PDC LABORATORIES INC Total: 577.50
Vendor: PETROCHOICE LLC
PETROCHOICE LLC 50631562 12/15/2021 Fuel ‐ City Admin ‐ 50631562 100‐01‐6250 51.09
PETROCHOICE LLC
50641549
12/20/2021
Fuel ‐ City Admin ‐ 50641549
100‐01‐6250
32.86
PETROCHOICE LLC
50647326
12/20/2021
Fuel ‐ City Admin ‐ 50647326
100‐01‐6250
39.74
PETROCHOICE LLC
50655687
12/20/2021
Fuel ‐ City Admin ‐ 50655687
100‐01‐6250
64.84
PETROCHOICE LLC
50663996
12/20/2021
Fuel ‐ City Admin ‐ 50663996
100‐01‐6250
42.42
PETROCHOICE LLC
50670887
12/20/2021
Fuel ‐ City Admin ‐ 50670887
100‐01‐6250
56.48
PETROCHOICE LLC
50676402
12/20/2021
Fuel ‐ City Admin ‐ 50676402
100‐01‐6250
20.15
PETROCHOICE LLC
50677467
12/20/2021
Fuel ‐ City Admin ‐ 50677467
100‐01‐6250
47.65
PETROCHOICE LLC 50689708 12/20/2021 Fuel ‐ UTY ‐ 50689708 510‐35‐6250 363.27
PETROCHOICE LLC 50689719 12/20/2021 50689719 100‐03‐6250 47.35
PETROCHOICE LLC
50689720
12/20/2021
Fuel ‐ WTR ‐ 50689720
510‐31‐6250
123.64
PETROCHOICE LLC
50691013
12/20/2021
Fuel ‐ City Admin ‐ 50691013
100‐01‐6250
62.01
PETROCHOICE LLC
50697983
12/20/2021
Fuel ‐ City Admin ‐ 50697983
100‐01‐6250
49.16
PETROCHOICE LLC 50705471 12/20/2021 Fuel ‐ City Admin ‐ 50705471 100‐01‐6250 62.45
PETROCHOICE LLC
50714442
12/20/2021
Fuel ‐ City Admin ‐ 50714442
100‐01‐6250
63.69
PETROCHOICE LLC
50725240
12/20/2021
Fuel ‐ City Admin ‐ 50725240
100‐01‐6250
36.17
PETROCHOICE LLC
50729218
12/20/2021
Fuel ‐ City Admin ‐ 50729218
100‐01‐6250
53.52
PETROCHOICE LLC 50741243 12/20/2021 50741243 100‐03‐6250 106.90
PETROCHOICE LLC
50741248
12/20/2021
Fuel ‐ 50741248
100‐22‐6250
2,022.91
PETROCHOICE LLC
50746076
12/20/2021
Fuel ‐ UTY ‐ 50746076
510‐35‐6250
345.56
PETROCHOICE LLC
50746087
12/20/2021
50746087
100‐03‐6250
107.56
PETROCHOICE LLC
50746088
12/20/2021
Fuel ‐ WW ‐ 50746088
510‐32‐6250
149.38
PETROCHOICE LLC 50746089 12/20/2021 Fuel ‐ WTR ‐ 50746089 510‐31‐6250 180.85
PETROCHOICE LLC
50746090
12/20/2021
fuel
100‐45‐6250
557.32
PETROCHOICE LLC
50746091
12/20/2021
Fuel ‐ STS ‐ 50746091
100‐33‐6250
523.39
PETROCHOICE LLC
50746092
12/20/2021
Fuel ‐ 50746092
100‐22‐6250
2,024.78
PETROCHOICE LLC
50753575
12/20/2021
Fuel ‐ UTY ‐ 50753575
510‐35‐6250
273.11
PETROCHOICE LLC 50753588 12/20/2021 50753588 100‐03‐6250 234.93
PETROCHOICE LLC
50753589
12/20/2021
Fuel ‐ WW ‐ 50753589
510‐32‐6250
244.61
PETROCHOICE LLC
50753590
12/20/2021
Fuel #50753590
100‐45‐6250
413.56
PETROCHOICE LLC 50753591 12/20/2021 Fuel ‐ STS ‐ 50753591 100‐33‐6250 1,771.47
PETROCHOICE LLC 50753592 12/20/2021 Fuel ‐ 50753592 100‐22‐6250 2,070.66
Vendor PETROCHOICE LLC Total:
12,243.48
12/15/2021 4:05:20 PM
125
Expense Approval Register Packet: APPKT02270 ‐ RECT INV 12‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: POMPS TIRE SERVICE INC
POMPS TIRE SERVICE INC
640095240
12/20/2021
447 (640095240)
100‐33‐5370
4,319.60
Vendor POMPS TIRE SERVICE INC Total:
4,319.60
Vendor: PROSHRED SECURITY
PROSHRED SECURITY
990101890
12/20/2021
Monthly Shred
100‐22‐5110
70.05
Vendor PROSHRED SECURITY Total:
70.05
Vendor: QUBIT NETWORKS
QUBIT NETWORKS
11278
12/20/2021
Extreme Networks Wireless
620‐00‐5110
728.00
Vendor QUBIT NETWORKS Total: 728.00
Vendor: REICHE'S PLUMBING SEWER RODDING CORP
REICHE'S PLUMBING SEWER 11‐19‐21 12/20/2021 Reiche Plumbing Resident 510‐31‐5110 340.00
Vendor REICHE'S PLUMBING SEWER RODDING CORP Total:
340.00
Vendor: RIVERSIDE BAKE SHOP
RIVERSIDE BAKE SHOP
232941
12/20/2021
Debbie's Retirement Cake
100‐04‐5110
69.00
Vendor RIVERSIDE BAKE SHOP Total:
69.00
Vendor: ROCK 'N' KIDS INC
ROCK 'N' KIDS INC
MCHF1121
12/20/2021
Cont ‐ Rock 'n' Kids
100‐46‐5110
240.00
Vendor ROCK 'N' KIDS INC Total:
240.00
Vendor: SCHOPEN PEST SOLUTIONS INC
SCHOPEN PEST SOLUTIONS INC
118102
12/20/2021
Pest Control
400‐00‐5110
75.00
SCHOPEN PEST SOLUTIONS INC
128508
12/20/2021
128508
100‐03‐5120
162.00
Vendor SCHOPEN PEST SOLUTIONS INC Total:
237.00
Vendor: SENCOMMUNICATIONS INC
SENCOMMUNICATIONS INC
IN0999219
12/20/2021
Headset Repair
100‐23‐6110
122.00
Vendor SENCOMMUNICATIONS INC Total: 122.00
Vendor: SERVICEMASTER BY THACKER
SERVICEMASTER BY THACKER 23899 12/20/2021 1900 Richmond (Covid) ‐ 100‐33‐5110 2,380.00
Vendor SERVICEMASTER BY THACKER Total:
2,380.00
Vendor: STANS LPS MIDWEST
STANS LPS MIDWEST
364237
12/20/2021
MFP DaaS / Monthly Page
620‐00‐5110
414.87
STANS LPS MIDWEST 364239 12/20/2021 MFP Monthly Page Count Ricoh 620‐00‐5110 401.78
Vendor STANS LPS MIDWEST Total:
816.65
Vendor: TKB ASSOCIATES, INC
TKB ASSOCIATES, INC
14468
12/20/2021
Laserfice Participant Users
620‐00‐5110
618.50
Vendor TKB ASSOCIATES, INC Total:
618.50
Vendor: TYLER TECHNOLOGIES
TYLER TECHNOLOGIES
025‐357919
12/20/2021
Incode Financials ‐ Payroll
620‐00‐5110
478.10
Vendor TYLER TECHNOLOGIES Total:
478.10
Vendor: UNITED LABORATORIES
UNITED LABORATORIES
3304479
12/20/2021
streets (3304479)
100‐33‐5370
253.28
Vendor UNITED LABORATORIES Total: 253.28
Vendor: VANDERSTAPPEN SURVEYING & ENGINEERING
VANDERSTAPPEN SURVEYING 53198 12/20/2021 53198 100‐03‐5110 125.00
VANDERSTAPPEN SURVEYING
53255
12/20/2021
53255
100‐03‐5110
250.00
VANDERSTAPPEN SURVEYING
53261
12/20/2021
53261
100‐03‐5110
300.00
VANDERSTAPPEN SURVEYING
53262
12/20/2021
53262
100‐03‐5110
300.00
VANDERSTAPPEN SURVEYING
53274
12/20/2021
53274
100‐03‐5110
250.00
Vendor VANDERSTAPPEN SURVEYING & ENGINEERING Total:
1,225.00
Vendor: VERIZON CONNECT FLEET USA LLC
VERIZON CONNECT FLEET USA
608000020338
12/20/2021
GPS For PW Vehicle Fleet
620‐00‐5110
497.50
Vendor VERIZON CONNECT FLEET USA LLC Total:
497.50
Vendor: VERIZON WIRELESS
VERIZON WIRELESS
9894236691
12/20/2021
Monthly Cell Phone
620‐00‐5320
2,258.48
Vendor VERIZON WIRELESS Total:
2,258.48
12/15/2021 4:05:20 PM
126
Expense Approval Register Packet: APPKT02270 ‐ RECT INV 12‐20‐21
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: VICTOR FORD, INC
VICTOR FORD, INC
161350
12/20/2021
stock order for PD 161350
100‐22‐5370
71.76
VICTOR FORD, INC 383007 12/20/2021 314 (383007) 100‐22‐5370 140.00
Vendor VICTOR FORD, INC Total:
211.76
Vendor: WATER PRODUCTS ‐ AURORA
WATER PRODUCTS ‐ AURORA
0306749
12/20/2021
Coupling pins,couplings
510‐31‐6110
368.18
Vendor WATER PRODUCTS ‐ AURORA Total:
368.18
Vendor: ZOLL MEDICAL CORPORATION
ZOLL MEDICAL CORPORATION
3409469
12/20/2021
Zoll Pedi‐Padz
400‐00‐6130
199.50
Vendor ZOLL MEDICAL CORPORATION Total:
199.50
Grand Total:
140,652.31
12/15/2021 4:05:20 PM
127
Expense Approval Register Packet: APPKT02270 ‐ RECT INV 12‐20‐21
Fund Summary
Fund
Expense Amount
100 ‐ GENERAL FUND
53,436.36
280 ‐ DEVELOPER DONATION FUND 47,400.00
400 ‐ RECREATION CENTER FUND
2,585.69
510 ‐ WATER/SEWER FUND
28,653.03
620 ‐ INFORMATION TECHNOLOGY FUND
8,577.23
Grand Total:
140,652.31
12/15/2021 4:05:20 PM
128
AS NEEDED CHECKS COUNCIL MEETING 12-20-2021
100 100-41-3636 ARNOLD, ARIELLE 11/05/2021 18.00
510 510-32-6110 CENTURY SPRINGS 11/05/2021 140.85
100 100-41-6920 DANITZ, KRISTINA 11/05/2021 485.00
100 100-01-6940 FEDEX 11/05/2021 3.11
510 510-32-5410 FOX VALLEY OPERATORS ASSOCIATION 11/05/2021 100.00
100 100-03-6110 HOME DEPOT CREDIT SERVICES 11/05/2021 924.79
100 100-22-6110 HOME DEPOT CREDIT SERVICES 11/05/2021 83.20
100 100-33-6110 HOME DEPOT CREDIT SERVICES 11/05/2021 1078.82
100 100-45-6110 HOME DEPOT CREDIT SERVICES 11/05/2021 878.26
100 100-45-6270 HOME DEPOT CREDIT SERVICES 11/05/2021 150.76
510 510-31-6110 HOME DEPOT CREDIT SERVICES 11/05/2021 121.73
510 510-32-5375 HOME DEPOT CREDIT SERVICES 11/05/2021 294.41
510 510-35-6110 HOME DEPOT CREDIT SERVICES 11/05/2021 32.38
100 100-01-6940 MCHENRY COUNTY CLERK 11/05/2021 10.00
100 100-01-6940 MCHENRY COUNTY CLERK 11/05/2021 10.00
100 100-01-5430 MCHENRY COUNTY COLLEGE 11/05/2021 230.00
280 280-41-8800 NILCO, INC 11/05/2021 47000.00
440 440-00-8800 SHORE WERKS 11/05/2021 25400.00
100 100-47-5110 STATELINE AQUATIC TEAM 11/05/2021 773.00
100 100-30-5110 WORKING WORLD INC 11/05/2021 1094.40
100 100-30-5110 WORKING WORLD INC 11/05/2021 1094.40
100 100-01-6940 BANKCARD PROCESSING CENTER 11/12/2021 146.48
100 100-03-5410 BANKCARD PROCESSING CENTER 11/12/2021 519.00
100 100-05-5430 BANKCARD PROCESSING CENTER 11/12/2021 366.78
100 100-06-5110 BANKCARD PROCESSING CENTER 11/12/2021 421.45
100 100-06-5410 BANKCARD PROCESSING CENTER 11/12/2021 200.00
100 100-06-5430 BANKCARD PROCESSING CENTER 11/12/2021 10.00
100 100-21-5110 BANKCARD PROCESSING CENTER 11/12/2021 75.00
100 100-22-5430 BANKCARD PROCESSING CENTER 11/12/2021 55.00
400 400-00-5321 BANKCARD PROCESSING CENTER 11/12/2021 324.98
400 400-40-5110 BANKCARD PROCESSING CENTER 11/12/2021 679.00
100 100-01-8900 CHRISTOPHER B BURKE ENGINEERING, LTD11/12/2021 1715.04
280 280-41-8800 CLASSIC HOME SOLUTIONS INC 11/12/2021 6365.00
100 100-47-5110 COHO SWIM CLUB 11/12/2021 615.00
100 100-22-6210 FIRST BANKCARD 11/12/2021 384.00
100 100-41-5330 FIRST BANKCARD 11/12/2021 70.19
100 100-41-5410 FIRST BANKCARD 11/12/2021 488.00
100 100-41-5430 FIRST BANKCARD 11/12/2021 56.00
100 100-46-5110 FIRST BANKCARD 11/12/2021 2203.57
100 100-46-6110 FIRST BANKCARD 11/12/2021 234.91
100 100-46-6920 FIRST BANKCARD 11/12/2021 89.33
100 100-47-5110 FIRST BANKCARD 11/12/2021 38.00
100 100-47-5410 FIRST BANKCARD 11/12/2021 88.00
100 100-47-5430 FIRST BANKCARD 11/12/2021 193.00
100 100-47-6110 FIRST BANKCARD 11/12/2021 133.42
400 400-00-5430 FIRST BANKCARD 11/12/2021 224.00
620 620-00-5110 FIRST BANKCARD 11/12/2021 143.64
620 620-00-5430 FIRST BANKCARD 11/12/2021 125.00
510 510-32-5410 FIRST BANKCARD 11/12/2021 105.00
510 510-32-5430 FIRST BANKCARD 11/12/2021 236.67
100 100-01-6940 MCHENRY COUNTY CLERK 11/12/2021 10.00
100 100-22-5370 NAPA AUTO PARTS MPEC 11/12/2021 358.09
100 100-33-5370 NAPA AUTO PARTS MPEC 11/12/2021 1859.30
100 100-45-5370 NAPA AUTO PARTS MPEC 11/12/2021 39.07
620 620-00-5110 NAPA AUTO PARTS MPEC 11/12/2021 1295.00
510 510-31-5370 NAPA AUTO PARTS MPEC 11/12/2021 -144.00
129
510 510-32-5370 NAPA AUTO PARTS MPEC 11/12/2021 539.40
510 510-32-5380 NAPA AUTO PARTS MPEC 11/12/2021 155.47
510 510-35-5370 NAPA AUTO PARTS MPEC 11/12/2021 322.91
100 100-22-5110 NAVSURFWARCENDIV CRANE 11/12/2021 900.00
100 100-01-5230 OTTOSEN DINOLFO HASENBALG & CASTAL 11/12/2021 67.50
100 100-01-5230 OTTOSEN DINOLFO HASENBALG & CASTAL 11/12/2021 787.50
100 100-01-6940 SECRETARY OF STATE 11/12/2021 10.00
100 100-47-5110 STATELINE AQUATIC TEAM 11/12/2021 31.00
100 100-41-3635 RASMUSSEN, SARA 11/17/2021 108.00
100 100-44-6110 SAM'S CLUB 11/17/2021 35.88
100 100-01-6940 SECRETARY OF STATE / DEPT OF POLICE 11/17/2021 151.00
100 100-30-5110 WORKING WORLD INC 11/17/2021 1094.40
620 620-00-5320 AT&T LONG DISTANCE 11/24/2021 2.61
620 620-00-5110 COMCAST CABLE 11/24/2021 153.40
620 620-00-5110 COMCAST CABLE 11/24/2021 161.06
620 620-00-5110 COMCAST CABLE 11/24/2021 288.30
100 100-33-5520 COMED 11/24/2021 24.66
100 100-33-5520 COMED 11/24/2021 37.53
510 510-32-5510 COMED 11/24/2021 24.54
100 100-47-5110 CORKSCREW GYMNASTICS & SPORTS ACA 11/24/2021 892.50
100 100-33-5370 ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP 11/24/2021 180.00
510 510-35-5370 ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP 11/24/2021 120.00
100 100-05-5110 EPMG OF ILLINOIS, LLC 11/24/2021 174.80
100 100-33-6110 MCCANN INDUSTRIES INC 11/24/2021 1188.38
100 100-33-6110 MCCANN INDUSTRIES INC 11/24/2021 290.46
100 100-01-6940 MCHENRY COUNTY CLERK 11/24/2021 10.00
100 100-03-5110 PLUS ONE TREE SERVICE 11/24/2021 5000.00
100 100-41-5310 POSTMASTER MCHENRY IL 11/24/2021 1700.00
620 620-00-5110 STANS LPS MIDWEST 11/24/2021 453.18
620 620-00-5110 STANS LPS MIDWEST 11/24/2021 578.30
620 620-00-5110 STANS LPS MIDWEST 11/24/2021 495.00
100 100-05-5110 UPS 11/24/2021 18.01
620 620-00-5110 VERIZON CONNECT FLEET USA LLC 11/24/2021 497.50
620 620-00-5320 VERIZON WIRELESS 11/24/2021 2249.19
TOTAL:118388.51
130