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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. 3 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. 5 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 7 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. 52 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. 53 City of McHenry Professional Services Contract - (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. 54 City of McHenry Professional Services Contract - 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. 55 City of McHenry Professional Services Contract -10- 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. 56 City of McHenry Professional Services Contract -11- 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. 57 City of McHenry Professional Services Contract -12- 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. 58 City of McHenry Professional Services Contract -13- 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: 59 City of McHenry Professional Services Contract -1- 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 60 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 61 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 62 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, 63 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. 64 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. 65 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. 66 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. 68 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 71 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 72 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 73 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 74 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 75 City of McHenry Professional Services Contract -3- 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 76 City of McHenry Professional Services Contract -4- 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. 77 City of McHenry Professional Services Contract -5- (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 78 City of McHenry Professional Services Contract -6- 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 79 City of McHenry Professional Services Contract -7- 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. 80 City of McHenry Professional Services Contract -8- 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 81 City of McHenry Professional Services Contract -9- 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. 82 City of McHenry Professional Services Contract -10- (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. 83 City of McHenry Professional Services Contract -11- 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 84 City of McHenry Professional Services Contract -12- By: Name: _______________________________________ Title: _______________________________________ Date: _______________________________________ BAXTER AND WOODMAN, INC. By: Name: _______________________________________ Title: _______________________________________ Date: _______________________________________ 85 City of McHenry Professional Services Contract -1- ATTACHMENT A SERVICES CHANGE ORDER NO. In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule if appropriate): 3. Change in Completion Date: All Services must be completed on or before: , 20 4. Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY CONSULTANT [City’s project representative] Signature Name (Printed or Typed) , 20 , 20 Date Date If compensation change greater than $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 87 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. 88 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 90 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 cquote - no item total.rpt Page 3Printed: 12/2/2021 3:21:00PM 98 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 108 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 110 2 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 111 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 112 City Council Meeting Minutes December 6 , 2021 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 113 City Council Meeting Minutes December 6 , 2021 Page 2 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 114 City Council Meeting Minutes December 6 , 2021 Page 3 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 115 City Council Meeting Minutes December 6 , 2021 Page 4 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. 116 City Council Meeting Minutes December 6 , 2021 Page 5 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 117 City Council Meeting Minutes December 6 , 2021 Page 6 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