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Home My WebLink AboutPacket - 2/18/2025 - 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 Tuesday, February 18, 2025, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Comment 5. Consent Agenda. Motion to Approve the following Consent Agenda Items as presented: A. Authorize the execution of the following Farm Lease Agreements: a. Lease Agreement with David Laufer (former Levy Property) b. Lease Agreement with Bauer Family (Petersen Farm) c. Lease Agreement with Charles Schaefer (Riverside Hollow Property) d. Lease Agreement with Charles Schaefer (Petersen Ballfield Annex Property) e. Lease Agreement with Charles Schaefer (Curran Road Property) B. Fiesta Days Event (McHenry Area Chamber of Commerce) – As presented, a) accept the McHenry Area Chamber of Commerce’s Annual Fiesta Days event schedule; b) grant use of Parks, Police, and Public Works for various services related to the event at 50% of the actual cost; c) approve the special event liquor license; d) approve placement of temporary advertising signs as presented; and e) approve the fireworks display on Sunday, July 13, 2025, in conjunction with the event (Director Bill Hobson) C. Authorization allowing the Mayor to execute a five-year agreement with a monthly lease not to exceed $2,164.74, with the Gordon Flesch Company for the lease of printers and copiers, including annual toner maintenance, effective March 2025 D. February 3, 2025 City Council Meeting Minutes E. Issuance of Checks in the amount of $850,971.66 F. As Needed Checks in the amount of $952,674.94 6. Individual Action Item Agenda A. Buddyz Pizza Liquor License A motion to approve a Class A liquor license to Wade’s Wave, Inc., located at 1138 N Green Street (Deputy Clerk Monte Johnson) 1 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. B. B & R Petroleum Liquor License A motion to approve a Class C liquor license to B & R Petroleum LLC, located at 4713 W Elm Street (Deputy Clerk Monte Johnson) C. Kane Avenue Water Main Replacement A motion to accept the bid from Ganziano Sewer and Water in an amount of $377,520 and a 10% contingency of $37,752 for the Kane Avenue Watermain Replacement (Acting Director Russ Adams) D. Barreville Road Resurfacing A motion to authorize the Mayor to sign and enter into an Intergovernmental Agreement, subject to City Attorney review, for the Barreville Road Surface Transportation Program Project (Acting Director Russ Adams) 7. Discussion Item Agenda A. TIF Districts 8. Staff Reports Provided the 1st meeting of each month. 9. Mayor’s Report 10. City Council Comments 11. Executive Session to discuss the appointment, employment, compensation, discipline, performance, or dismissal of specific employees (5 ILCS 120/2(c)(1)) 12. Adjourn The complete City Council packet is available for review online via the City website at www.cityofmchenry.org. For further information, please contact the Office of the City Administrator at 815-363-2108. NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can be made. This meeting will be live streamed with a quorum of the City Council physically present. Public comments may only be heard by members of the public physically present at the meeting. Remote public comments will not be heard. The public can listen and view the meeting from the following link: https://cityofmchenry.zoom.us/j/83739714884 2 Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 cityofmchenry.org CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation FOR: February 18, 2025 Regular City Council Meeting RE: Farm Lease Agreements ATT: Lease Agreement w/David Laufer (former Levy Property) Lease Agreement w/ Bauer Family (Petersen Farm) Lease Agreement w Charles Schaefer (Riverside Hollow Property) Lease Agreement w Charles Schaefer (Petersen Ballfield Annex Property) Lease Agreement w Charles Schaefer (Curran Road Property) Following are recommendations to renew the tenant farm lease agreements for properties owned by the City of McHenry. The term for each lease is one year, commencing on March 1, 2025, to February 28, 2026. The City has typically worked under one-year lease agreements for these properties. The rent recommendations stated below for leases 1-4 have been increased by 4%, or CPI, from the previous year. The rent for lease 5 has been converted from a flat fee to a per-acre charge, mirroring the other leases and essentially doubling the annual rent for those 8 acres. All tenants have been good partners to the City, and leasing these fields helps local farmers continue to be a part of the McHenry community. 1) Laufer Lease (Levy Property). Attached is a lease agreement with Mr. Laufer to farm approximately 24.5 acres. Staff proposes a price per acre of $128, for a total of $3,136 for the term of the lease. 2) Bauer Family Lease. Attached is a lease agreement to farm approximately 58-acres with Kevin Bauer and his mother Georgia Bauer. The city first leased this property to the Bauer Family in 2015. Staff proposes a price per acre of $189, for an annual payment of $10,962. 3) Schaefer Lease (Riverside Hollow Property). Attached is a lease agreement with Mr. Schaefer to farm approximately 12 acres. Staff proposes a price per acre of $115 for a total of $1,380 for the term of the lease. 4) Schaefer Lease (Petersen Ballfield Annex Property). Attached is a lease agreement with Mr. Schaefer to farm approximately 20 acres. Staff proposes a price per acre of $128, for a total of $2,560 for the term of the lease. 5) Schaefer Lease (Curran Road Property). Attached is a lease agreement with Mr. Schaefer to farm approximately 8 acres. Staff proposes a price per acre of $128, for a total of $1,024 for the term of the lease. If Council concurs, it is recommended to consider a motion to enter into the attached lease agreements as presented. 3 LAUFER LEASE AGREEMENT This Lease Agreement, made and entered into this 1st day of March 2025, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois hereinafter referred to as ”Lessor,” and David Laufer , hereinafter referred to as “Lessee.” RECITALS WHEREAS, Lessor is the legal owner of the following described real estate: approximately 24.5 acres located in the NE ¼ of the NW ¼ of Section 33, McHenry Township (T.45N. -R.8E.), (PIN 09-33- 100-003) located in the County of McHenry, State of Illinois, and more fully described in the attached Exhibit A (the “Premises”). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on the 1st day of March 2025, and end on the 28th day of February 2026. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor rent in the amount of $128 per acre for a total of $3,136, payable on November 1, 2025. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process 4 2 of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 5. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 6. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 7. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 8. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its discretion for any cleanup however Lessee shall reimburse Lessor for any costs incurred in the cleanup process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supersedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney fees, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 5 3 333 South Green Street McHenry, IL 60050 If to Lessee: David Laufer IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor Lessee THE CITY OF MCHENRY DAVID LAUFER By__________________________________ By:________________________________ Wayne Jett, Mayor David Laufer 6 a. r •• . o a • o ti v Lfd. 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LF IFe'-) • li 7 BAUER LEASE AGREEMENT This Lease Agreement made and entered into this 1st day of March 2025, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois (“Lessor”), and Kevin E. Bauer, 4803 Barnard Mill Road and Steven R. Bauer (“Lessees”). RECITALS WHEREAS, Lessor is the legal owner of the land, being a portion of the Petersen Farm in McHenry, Illinois, for farming purposes only containing approximately 58 acres as described in the attached site plan, Exhibit A (the “Premises”). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on March 1, 2025, and end on February 28, 2026. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor Rent in the amount of $189.00 per acre for a total of $10,962.00, payable on November 1, 2025. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and 8 2 necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney’s fee’s, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease 9 3 Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Kevin E. Bauer Steven R. Bauer 4803 Barnard Mill Road Ringwood, Illinois 60072 IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor: Lessee: THE CITY OF MCHENRY By__________________________________ By:________________________________ Wayne Jett, Mayor Kevin E. Bauer By: _____________________________ Steven R. Bauer 10 ti P • / F • fir ' • r F . r • •i L' 79•.. .•rR... .. Yr... ..•. n ry?' . V ti.,.:'p^'y',.:d:R9 ir.!=-•..•! x.'yF,}' r, . r s, Y.A+.F''sr'„ py r. .. .. r , - t ; f:'I . . R:x1 R• r ; fie •' .' f • r . 1 as • .. 1 i w {! t'• .R r• , 4 n:.' . E Rom,; a. • ni'. { • S . _ y ` i• ..A' "::t chi L'V'1?i t'• i it '* _ t '. . 1f:• R; n. 4 i I i CiiiTn n Lak° :E.s •L: '",r .. r `•• tr' • a 11 SCHAEFER LEASE AGREEMENT This Lease Agreement made and entered into this 1st day of March 2025, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois (“Lessor”), and Charles Schaefer (“Lessee”). RECITALS WHEREAS, Lessor is the legal owner of the land, being a portion of the Riverside Hollow farm property in McHenry, Illinois, for farming purposes only containing approximately 12 acres as described in the attached site plan, Exhibit A (the “Premises”). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on March 1, 2025, and end on February 28, 2026. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor Rent in the amount of $115 per acre for a total of $1,380, payable on November 1, 2025. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 12 2 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney’s fee’s, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. 13 3 VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Charles Schaefer IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor: Lessee: THE CITY OF MCHENRY By__________________________________ By:________________________________ Wayne Jett, Mayor Charles Schaefer 14 15 SCHAEFER LEASE AGREEMENT This Lease Agreement made and entered into this 1st day of March 2025, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois (“Lessor”), and Charles Schaefer (“Lessee”). RECITALS WHEREAS, Lessor is the legal owner of the land, being a portion of Petersen Park Ballfield Annex property in McHenry, Illinois, for farming purposes only containing approximately 20 acres as described in the attached site plan, Exhibit A (the “Premises”). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on March 1, 2025, and end on February 28, 2026. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor Rent in the amount of $128 per acre for a total of $2,560, payable on November 1, 2025. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 16 2 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney’s fee’s, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. 17 3 VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Charles Schaefer IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor: Lessee: THE CITY OF MCHENRY By__________________________________ By:________________________________ Wayne Jett, Mayor Charles Schaefer 18 a •. as . i, d. er9.v s '.. . 7Y4LTd. • BD .. , ttj e o ._ Q 5. o- . ea .. tf= + j v a. o a a r//- a'J ` ham^_. r ' a' aa, •• m •' lee .m ..a _ ' qo 0. aSG , ate• o a s• , + w '. 41. `; h . • t{- a Vt , tj i .. .b.. °1 .h ie i.ARI .' 4 F7 1 i -a 1 '"It GR ' C C..C.r.. . zF 4tS .r.,: ; , 6 , i. f i W': N - o :' c 1 t. vat----- ! 2 p• ... l '' • . 56- F .G°" " $ `v ems pro`-----'''------- i g'?' w v' `' r s7Pr: < ' j ,. .off , . '' t. r i-Y. Yo T T_' 276 . o- kAl, ' l -pow 3.s fi h19 SCHAEFER LEASE AGREEMENT This Lease Agreement made and entered into this 1st day of March 2025, by and between the City of McHenry, 333 S. Green Street, McHenry, Illinois (“Lessor”), and Charles Schaefer (“Lessee”). RECITALS WHEREAS, Lessor is the legal owner of the land, being a portion of southwest corner of Curran Road and IL St. Rt. 120 in McHenry, Illinois, for farming purposes only containing approximately 8 acres as described in the attached site plan, Exhibit A (the “Premises”). WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the Premises. Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Term. This Lease Agreement shall commence on March 1, 2025, and end on February 28, 2026. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted. II. Rent. Lessee agrees to pay Lessor Rent in the amount of $128 per acre for a total of $1,024, payable on November 1, 2025. In the event any payment of Rent is received by Lessor more than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent. III. Use of the Premises. Lessee may use the Premises for farming purposes only. IV. Obligations of Lessee. It is further expressly understood and agreed between the parties hereto, as follows: 1. Lessee shall not to burn anything on said Premises. 2. Lessee shall use the premises solely for agricultural purposes. Animals and livestock will not be permitted on said premises. 3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement. 4. Lessee shall keep said Premises, including the hedges and fences, in proper and necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor immediately. 20 2 5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the right to take possession of said Premises, using such force as may be necessary, with or without process of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement shall be added to and become a part of the rent, recoverable as rent. 6. Lessor reserves the right for itself, its employees, and its officers assigns or respective buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or improvements thereon. 7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo, Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party will secure a representative who will be designated to resolve any disputes. The decision of the representatives will be final and binding on both parties. Failure of the representatives to agree shall qualify either party to file suit to resolve the issues. 8. Lessee agrees to follow present soil conservation practices as required for by the Soil Conservation Service for McHenry County to control soil loss. 9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up process. Any damage stemming from use of hazardous materials shall be construed as a material breach of this lease and shall be added to and become part of the rent, recoverable as rent. V. Entire Agreement. This Lease Agreement contains the entire understanding between the parties and supercedes any prior understandings or agreements between them respecting the subject matter. No representations, arrangements, or understandings except those fully expressed herein, are, or shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to the terms of this lease shall be made or be binding unless made in writing and signed by each of the parties. VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable enforcement costs and expenses from the non-prevailing party. VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses (including court costs, attorney’s fee’s, and costs of investigation) resulting from a breach by Lessee of any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the Premises, or arising from any personal injury occurring on the Premises during the term of this Lease Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the termination of this Lease Agreement. 21 3 VIII. Notices. All notices, requests and other writings required under this Lease Agreement (including any notices of renewal, or termination rights) must be in writing and shall be deemed validly given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by certified mail, return receipt requested, addressed to the other party as follows: If to Lessor: Attn: Bill Hobson The City of McHenry 333 South Green Street McHenry, IL 60050 If to Lessee: Charles Schaefer IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year first above written. Lessor: Lessee: THE CITY OF MCHENRY By__________________________________ By:________________________________ Wayne Jett, Mayor Charles Schaefer 22 Exh b;- k f r.: X .' i 7 : f }. 4 r '. j I Jt •t' ( r 1 ', `+ a fit" • '9-' sr. - • K 4 fa f'.i• M ir , V ! s t .. Rome '"' ,,.1_ w ...,. G s ''„ t + + + t + + + t + + + 4 . , , t + + + + TILLABLE ARE + + ` .,, ,- , 9,5 ACRES + ; :,, w. t + t + + + + i t r Y b. fq. Lakeland Park Upstream Detention Facility Property PIN: Property Exhibit 09-28-400-010 20.1 Acres (9.5 Tillable) M 09-28-300-011 4.66 Acres (0 Tillable) 23 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.cityofmchenry.org/park_recreation The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer-oriented, efficient, and fiscally responsible manner. CONSENT AGENDA SUPPLEMENT DATE: February 18, 2025 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry Area Chamber of Commerce 2025 Fiesta Days ATT: Request Letter from Chamber of Commerce, including Schedule of Events & Sign Location List Agenda Item Summary. Attached for the City Council’s review and consideration is the schedule of events for the McHenry Area Chamber of Commerce’s Annual Fiesta Days. The Chamber is requesting permission to use Petersen and Veterans Memorial parks; a special event liquor license to sell beer and wine in Petersen Park and Veterans Memorial Park; installation of temporary advertising signs in designated rights-of-way; use of the Parks, Police, and Public Works departments to provide various services for the events; and permission for the display of the City’s annual fireworks show in conjunction with the event on Sunday evening. The proposed event for 2025 does not include any changes from previous years. Background. Fiesta Days events will be held at various times beginning Thursday, July 10, culminating with the parade on Sunday, July 20, as presented in the attached schedule of events. Conditioned upon approval of the Fiesta Days schedule, the Chamber is requesting a special event liquor license to serve beer and wine in Petersen Park on Thursday, July 10, Friday, July 11, Saturday, July 12, Sunday, July 13 and in Veterans Memorial Park on Thursday, July 17. Every effort will be made by the Chamber to ensure that underage visitors will not be served alcoholic beverages, and I.D. wristbands will be required to purchase alcohol. This year’s proposed event also includes the Independence Day Fireworks Show on the first weekend of Fiesta Days. The Chamber would supplement the City fireworks budget adding $5,000 to the proposed budgeted $20,000 show. The show would be shot on Sunday, July 13, at the usual time of 9:30pm. 24 Beer/Wine Sales. The standard timeframe to service beer and wine will be observed. Beer and wine ticket sales will cease one-half hour prior to close of the event, and service will be prohibited 15 minutes prior to close of the event, as depicted in the following schedule. Park Use/City Services Fees. In 2013, the city developed a new fee structure with the Chamber regarding the Music Fest weekend at Petersen Park. The fee structure requires the Chamber to pay 50% of City staffing costs associated with the Music Fest schedule. In 2017, the Council approved the addition of Thursday night to the Music Fest lineup with the same fee structure. Requests or staffing requirements in addition to the usual and customary services will be paid at 100%. Temporary Advertising Signs. As in past years, the Chamber is requesting permission to place 24’’ round signs advertising Fiesta Days in rights-of-way in front of local sponsor businesses. Signs will be installed the week before the event and removed the following day. A list of proposed sign locations is attached. Analysis. Fiesta Days is one of the biggest annual events in McHenry County. It offers something for everyone and draws thousands of visitors to the City. Fiesta Days would not be possible without the cooperation of the Chamber of Commerce, countless volunteers, and the City of McHenry. Recommendation. If City Council concurs, then a motion should be considered to a) accept the McHenry Area Chamber of Commerce’s Annual Fiesta Days event schedule; b) grant use of Parks, Police, and Public Works for various services related to the event at 50% of the actual cost; c) approve the special event liquor license; d) approve placement of temporary advertising signs as presented; and e) approve the fireworks display on Sunday, July 13 in conjunction with the event. Petersen Park Veterans Memorial Park Thursday, July 10 6:00 PM - 9:45 PM Thursday, July 17 5:00 PM – 9:15 PM Friday, July 11 5:00 PM - 10:45 PM Saturday, July 12 5:00 PM - 10:45 PM Sunday, July 13 11:00 AM - 10:15 PM 25 February 6, 2025 Mayor Wayne Jett & City Council Members City of McHenry 333 S. Green Street McHenry, IL 60050 Dear Mayor Jett & City Council Members: On behalf of the McHenry Area Chamber of Commerce Board of Directors and Fiesta Days Committee, we thank you for allowing us to present Fiesta Days 2025. Our event schedule is similar to 2024. We will kick off the event with Cask and Barrel at Petersen Park on Thursday, and then have Music Fest on Friday through Sunday of the first weekend. Once again, Sunday is a free family day, including Beach Bash, the car show, and bands in the evening. We hope to continue the collaboration of fireworks on the last day of Music Fest Weekend. One change for this year is our request to offer spirits in the VIP section and a special lounge area on Friday and Saturday. We will have licensed bartenders (not community volunteers) serving in those areas similar to the RISE Up Festival. Our second week is at Veteran’s Memorial Park and downtown with our Parade Marshal Ceremony/Concert in the Park on Thursday, Art and Street Fair on Saturday, and parade on Sunday. Please note that in addition to the attached schedule, we are seeking approval for sign locations indicated. We appreciate the continued support that we receive from the City of McHenry, and we look forward to a successful Fiesta Days. Yours truly, Molly Ostap Molly Ostap, President 26 TO: Mayor Wayne Jett & City Council FROM: Molly Ostap, President & Fiesta Days Committee DATE: February 6, 2025 SUBJ: 2025 Fiesta Days Signs On behalf of the McHenry Area Chamber of Commerce Board of Directors and Fiesta Days Committee, we are requesting approval to put up signs at the following establishments: Signs would be round 2’x2’ in size. These would be put up July 2nd and taken down July 21st. 1. Castle Autoplex McHenry (5) 17. Black Diamond 2. McHenry Bank & Trust 18. Above Par Construction 3. First Midwest Bank 19. Advocate Good Shepherd Clinic 4. Home State Bank 20. Chas. Herdrich & Son 5. Ignite Medical Resorts 21. Plum Garden Restaurant 6. Habitat for Humanity 22. General Exterior Construction 7. Mercy Health Care 23. Center for Therapeutic Services 8. Northwestern Medicine 24. McHenry Ace Hardware 9. Meijer (McCullom Lake Road and Rt 31) 25. The UPS Store 10. Home Depot 26. Petersen Park 11. Buss Ford 27. BMO Harris Bank 12. City of McHenry Municipal Drive Entrance 28. Verlo 13. jh Events and Flowers 29. Rock Solid Builders 14. Luce Orthodontics 30. Plum Garden Restaurant 15. McHenry Savings Bank 31. Bear Family Restaurants 16. Second Amendment Sports 32. Rita’s Italian Ice These sign locations may change as sponsors change, however we anticipate all of the above will participate. The signs are promoting Fiesta Days, a community-wide event and not their business. Please let me know if this meets with your approval and the next step we need to take. Thank you for you consideration! 27 Fiesta Days 2025 Schedule Music Fest Weekend (Petersen Park) July 10 – Cask and Barrel Night July 11– Music Fest Friday (bands, carnival) July 12 – Music Fest Saturday (bands, carnival), Special Friends Carnival Hour July 13 – Beach Bash Sunday (bands, carnival, kids activities, Car Show, Fireworks) – Free Day for Families –Parks and Rec will have Big Wheels race, NEW this year – Adult Big Wheels races Art and Street Fair Weekend (downtown McHenry) July 17 – Concert in the Park/Parade Marshal Ceremony at Veteran’s Park July 19 – Arts and Crafts in the Park (both Veteran’s Memorial Park and Miller Point will be used for crafters this year), Maker’s Zone Craft Stations, DamYak Challenge, Kiwanis Duck Derby July 20 – Fiesta Days Parade 28 Office of the Chief of Police John R. Birk McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2200 Fax: (815) 363-2149 www.cityofmchenry.org CONSENT AGENDA SUPPLEMENT TO: Mayor and City Council FROM: John R. Birk, Chief of Police FOR: February 18, 2025 Regular City Council meeting RE: Authorization for the Mayor to enter into a 5-year lease agreement with Gordon Flesch Company for the lease of all City printers and copiers. ATT: 1. Gordon Flesch 5 Year Service Agreement and Addendum Annual Toner Maintenance Agreements. Agenda Item Summary: Staff is seeking City Council’s authorization to authorize the Mayor to execute a renewal of our current printer lease agreement (including annual toner maintenance) with Gordon Flesch Company. Staff is present to answer any questions Council may have. Background: The City currently leases all of its printers and copiers, as this is the most cost effective way of maintaining a citywide printer and copier program. Currently the City’s lease agreement with Gordon Flesch is set to expire on March 3rd, 2025. The City has utilized Gordon Flesch (formerly known as Stans) for over 10 years through multiple previous lease and service agreements. Analysis: After an analysis of our current printer/copier capabilities with Gordon Flesch as compared to other vendors, Staff is recommending a renewal of our services with Gordon Flesch, as they have provided high quality, reliable services. Staff sought competitive pricing for Gordon Flesch through Sourcewell’s Cooperative Purchasing Program under active Sourcewell contracts #030321-RCH. The City of McHenry has been an approved customer of Sourcewell (ID #86928) since 2013. The proposed five-year agreement offers a monthly lease payment of $2,164.74 for the term of the agreement, with annual fees associated with toner replacements. Staff is seeking Council’s authorization for the Mayor to enter into a renewed five-year contract with Gordon Flesch for the lease of printers and copiers and maintenance of toner. The agreement has been reviewed by the City Attorney. Recommendation: Staff requests City Council authorization allowing the Mayor to execute a five-year agreement with a monthly lease not to exceed $2,164.74, with the Gordon Flesch Company for the lease of printers and copiers, including annual toner maintenance, effective March 2025. 29 GFC Leasing imageCARE Master Agreement Acceptance Supplement Master Agreement #:Supplement #: Term: 60 months Term Commencement Date: This GFC Leasing imageCARE Master Agreement Acceptance Supplement (“Supplement”) is executed and delivered by Gordon Flesch Company Inc., d/b/a GFC Leasing (“GFC”) and City of McHenry (“Customer” or “you”), pursuant to the Gordon Flesch Company, Inc. Master Agreement between you and GFC, the defined terms therein being used herein with their defined meanings. This Supplement is effective on the earlier of the date executed by GFC, the date Equipment is first delivered to your facility, or the date Maintenance is performed on the Maintained Equipment. GFC will provide you with a fully executed copy of this Supplement following the Commencement Date. Payment**: $2,164.74 **Plus fees, taxes and image charges, if applicable.Payment and Meter Read Frequency: X Monthly Quarterly Other Comments: Federal ID#: GFC Leasing Solutions (please check all applicable) X Equipment Customer Equipment X Maintenance*X Software *Includes toner. Excludes fax cartridges, paper, staples, wide format print heads, ink tanks, maintenance cartridges, colortrac paper hold down guide, and scan glass. Equipment, If Applicable: X New Certified Pre-owned Other End of Supplement Option: X Fair Market Value $1.00 Buyout HaaS (No Purchase) Tax Exempt No X Yes (If yes, please attach your tax exemption certificate) Install DCA X Yes No IT Contact Name:Phone:Email: Meter Contact: Name:Phone:Email: A/P Contact Name:Phone:Email: Automated Clearing House (“ACH”) Authorization: By providing the below information, Customer hereby authorizes GFC to automatically withdraw from Customer’s bank account described below, the full amount due for charges accruing in each billing period when due. Such charges may vary for each billing period based on Customer’s actual images used and by any applicable sales/use taxes, property taxes and fees. This authorization will continue until this Agreement expires unless revoked in writing. Voided check must accompany this form. ACH Yes X No I: I: If yes, enter bank information in boxes above right Bank Routing Code Bank account number 1. Payments and Term. GFC will deliver, install, and implement the Solutions in accordance with this Supplement. The Term of this Supplement begins after all Solution(s) subject to this Supplement have been installed and implemented (the “Term Commencement Date”). Upon completion of installation and implementation of all Solutions subject to this Supplement, GFC will provide you with your first invoice, which may include amounts due for the time any Solutions were installed and implemented prior to the Term Commencement Date, and prorated amounts for any partial monthly billing periods. Base Payments will be due and payable in advance on the same day of each month, unless otherwise provided herein or as invoiced by GFC, until the total number of Payments under this Supplement have been made, including any and all charges per image, at the applicable fee per image for each black & white or color image. This Supplement is non-cancellable by you for the Term stated above. Annually, GFC may increase the base payment, the fee per image for each image type, and the Charge per Image for Overage. 2. Equipment Lease. GFC hereby leases to you the Equipment and Software described in this Supplement. a. Fair Market Value or Haas (No Purchase) Option. If you elect the “Fair Market Value” or “Haas (No Purchase)” end of Supplement option above, the lease Term for the Equipment will be extended automatically, without notice, for successive month-to-month terms beyond the initial Term, unless you provide GFC written notice that you do not want to extend, at least one calendar month before the end of the initial Term or any extension. You will pay GFC as invoiced for each month (or portion thereof) during the extended Term, that you do not return the Equipment to the location designated by GFC. If you do not pay such monthly Payments and do not purchase the Equipment as stated below, you will immediately terminate use of the Equipment and Software and return the Equipment and Software to GFC at your expense and at such place as GFC may designate, and in the same condition as when received, reasonable wear and tear excepted, and you will not retain any copies of such Software. If you selected the Fair Market Value option for this Supplement, you will have the option of purchasing the Equipment upon expiration or termination of this Supplement, at fair market value as reasonably determined by GFC, and take title to the Equipment when purchased. If you selected the Haas (No Purchase) option for this Supplement, you will not have the option to purchase the Equipment. b. Dollar Buyout Option. If you elect the $1 Buyout end of Supplement option above, and you are not otherwise in default under the Agreement, you will, upon the expiration of this Supplement, purchase the Equipment for one dollar ($1.00) and will thereby take title to it. In consideration for GFC permitting you to choose the Dollar Buyout Option, and if this Agreement is deemed a conditional sales contract with respect to the Equipment, you hereby grant to GFC a security interest in and to the Equipment on effective date of this Supplement to secure all Payments. If any Equipment is subject to the $1 Buyout option, you will report the Equipment for purposes of personal property taxes. 3. Other Documents and Signatures. All provisions of the GFC Leasing imageCARE Master Agreement Acceptance Supplement Schedule of Equipment/Accessories, Software, and Maintenance attached hereto are incorporated herein. End User Agreements applicable to this Supplement are available for your review under the heading “Customer Agreements with GFC Partners” at: www.gflesch.com/terms-and-conditions. This Supplement may be executed in counterparts, which collectively will be deemed one Supplement. GORDON FLESCH COMPANY, INC.CUSTOMER:City of McHenry The undersigned affirms that he/she is duly authorized to enter into this Agreement. By:By: Authorized Signature Authorized Signature Name:Name: Title:Title: Date:Date: SC Order ID:P-255680 Page 1 of 2 Rev.v5 07172024 30 GFC Leasing imageCARE Master Agreement Acceptance Supplement Schedule of Equipment/Accessories, Software, and Maintenance CUSTOMER NAME:City of McHenry Supplement #: Qty Model Cust EQ Serial Number Location Image Charges Black and White Color Images Included Overages charge / image Images Included Overages charge / image 7 IM C4510 Multiple Locations 333 S Green St, Mchenry, IL 60050-5495 0 0.0065 0 0.049 3 P 800 Multiple Locations 333 S Green St, Mchenry, IL 60050-5495 0 0.0065 0 0.0000 12 IMC320F Multiple Locations 333 S Green St, Mchenry, IL 60050-5495 0 0.0065 0 0.049 1 Canon TX-3200 MFP Z36 333 S Green St, Mchenry, IL 60050-5495 See Attached GMA Agreement See Attached GMA Agreement Other Solutions Qty Product SC Order ID:P-255680 Page 2 of 2 Rev.v5 07172024 31 Gordon Flesch Company, Inc. Master Agreement Agreement Number: Customer ("You" or "Customer") City of McHenry Full Legal Name 333 S Green St Address (815) 363-2100 Phone Aaron Greve Contact Name Mchenry City agreve@cityofmchenry.org E-mail Proprietorship Association Partnership X Municipality Corporation LLC IL 60050-5495 State Zip Federal ID # This Gordon Flesch Company, Inc. Master Agreement by and between Gordon Flesch Company, Inc., a Wisconsin corporation, d/b/a GFC Leasing, with offices at 2675 Research Park Drive, Madison, WI 53711 (“GFC”) and City of McHenry, organized in the state of IL, (“you” or “Customer”), becomes effective on the earlier of, (a) the date executed by GFC or (b) the date Equipment is first delivered to your facility pursuant to a Supplement. 1. 2. 3. 4. 5. 6. Agreement and Term. You agree to the terms in this Master Agreement plus any and all Master Agreement Acceptance Supplements (“Supplement(s)”) referencing this Master Agreement and executed by you now and in the future. Each such Supplement is incorporated into this Master Agreement along with all addendums, schedules, and other attachments, all of which are collectively referred to herein as the “Agreement.” The terms “Agreement”, “hereof”, “herein”, and “hereunder”, mean the entire Agreement. Except as specifically provided in a particular Supplement, inconsistencies between this Master Agreement and any Supplement, addendum, schedule, or other attachment will be construed in favor of this Master Agreement. This Master Agreement will remain effective until all Supplements subject to this Master Agreement have expired, or been terminated. The Term of each Supplement is stated therein. Equipment, Software, Selection. If a Supplement includes equipment, the hardware included with the equipment, and embedded software are collectively referred to herein as the “Equipment.” If a Supplement includes software, embedded, installed or separate from the Equipment, including software-as-a-service, such software and the software license rights are also separately referred to herein as the “Software.” You acknowledge that although GFC may provide recommendations, you have selected and will select the type, capacity, functionality, and manufacturer of the Equipment, Software, and any other hardware or services set forth in each Supplement (collectively, the “Solutions”), based on your own judgment. Any purchase order issued by you regarding the Solutions is solely for your authorization and does not supersede, modify, or become a part of this Agreement. You will provide GFC at least thirty (30) days advance written notice before moving Equipment from where GFC installed it. GFC, or a partner selected by GFC, will assist with any such move at your cost. Upon reasonable notice, GFC has the right to enter your premises during business hours to inspect the Equipment. Maintenance and Exclusions. If you select Maintenance for the Equipment, or for equipment not supplied by GFC (“Customer Equipment”) in a particular Supplement, GFC will provide maintenance, service, support, and repairs (“Maintenance”) for such Equipment and Customer Equipment (collectively, the “Maintained Equipment”) located within a GFC service area, and covered by this Agreement, as reasonably necessary, in GFC’s sole discretion, to keep the Maintained Equipment in good working condition during the Term of such Supplement. All Maintenance will be performed during GFC’s normal business hours. GFC reserves the right to add an additional charge from time to time to offset increased fuel-related costs. GFC is not responsible for failure to provide Maintenance due to acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, fires, explosions, earthquakes, weather conditions, floods, labor disputes, or unavailability of components and other causes beyond GFC’s control (collectively, a “Force Majeure Event”). GFC is not responsible for Maintenance, damage, or parts required due to a Force Majeure Event, improper operating environment (temperature or humidity), failure to follow manufacturer’s operation recommendations, abnormal use or abuse of the Maintained Equipment, installation or malfunction of unauthorized software, parts, or attachments, service performed by someone other than GFC, or failure of electrical power. If you are in default pursuant to this Agreement, GFC may refuse to provide Maintenance. Parts furnished will be on an exchange basis and will be new parts or warranted to perform as new when installed in the Maintained Equipment. Maintenance will not include electrical work external to the Maintained Equipment or any software programming unless specifically stated in a Supplement. GFC’s obligation to provide replacement parts is conditioned upon their availability from the original manufacturer. In the unlikely event replacement parts are no longer readily available from the original manufacturer, GFC will be released from its Maintenance obligation for such Maintained Equipment. GFC may terminate the Maintenance component of a Supplement at any time by giving you thirty (30) days’ prior written notice. End User Agreements. GFC will provide support for and configuration of Software as provided in a particular Supplement. You acknowledge and agree that GFC is a reseller of third party Software, and that such third party Software licensors require as a pre-condition to use of their Software that you agree to one or more end user license agreements, service level agreements, and related agreements (collectively, the “End User Agreements”). To that end, you hereby authorize GFC and GFC partners to accept and/or agree to on your behalf, all such End User Agreements encountered while installing, configuring, supporting, and/or servicing the Solutions and Maintained Equipment. Applicable End User Agreements are available for your review under the heading “Customer Agreements with GFC Partners” at www.gflesch.com/terms-and-conditions. Your breach of any End User Agreement will be an event of default pursuant to this Agreement. Notwithstanding anything in the End User Agreements to the contrary, this Agreement is non-cancellable by you for the entire Term. Connectivity, Security, and Data. You will provide adequate and secure connectivity to enable the Solutions to perform to your satisfaction. GFC does not guarantee or warrant the quality, speed, security, or uninterrupted availability of the Solutions as it relates to the connectivity provided by you. The communications lines used to access the Solutions (“Data Lines”) are provided by you, a public utility, and/or by private companies over which GFC has no control, and the security of data transmission over the Data Lines is therefore not GFC’s responsibility. You agree to refrain from any act or omission that disrupts operation of the Solutions. You acknowledge that securing your data is your responsibility, and that despite your every effort there remains a risk that your data may be accessed, modified, damaged, lost, deleted, misappropriated, or compromised by a Force Majeure Event, willful attack or otherwise, and perhaps not be recoverable (“Security Incident”). To that end, in the event of any Security Incident or unsatisfactory data transmission over the Data Lines, GFC will have no liability to you related thereto, except to the extent caused directly by the reckless or willful misconduct of a GFC employee, but subject to the limitations of liability in this Agreement. GFC will endeavor to assist you in the recovery and restoration of such data at your sole cost. You acknowledge that: (i) it is advisable for you to back up your data that you deem necessary prior to installation and/or configuration of the Solutions; (ii) GFC is not storing your data on your behalf; and (iii) any exposure or access to your data by GFC is purely incidental to Maintenance performed. Payments. You agree to pay GFC all amounts on a timely basis as invoiced by GFC (the “Payments”), including prorated amounts for any partial billing period. If you fail to pay GFC any part of a Payment within ten (10) days after the due date, you agree to pay GFC a late fee of 5% of the overdue amount plus accrued interest on the late payment from the expiration of the ten (10) days until paid, at a rate equal to the lesser of 1.5% per month or the highest legal rate permitted. You also agree to pay when due all applicable fees and taxes (including but not limited to, personal property tax, sales, and use tax), imposed in connection with this Agreement and the Solutions, and reimburse GFC for such sums upon demand. Any duplication of such fee or tax payments by GFC and you are your responsibility. SC Order ID:P-255680 Page 1 of 3 Rev. v5-0129202532 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Delivery and Acceptance. GFC will purchase the Solutions from a supplier but assumes no liability in connection with Solutions, delivery thereof, or service provided by a third party. Delay in delivery of the Solutions due to supply chain issues does not affect the validity of this Agreement. You agree to inspect the Solutions and provide GFC with written notice specifying any claimed defect or omission within five (5) business days of implementation of the Solutions. If you do not timely provide such notice, you acknowledge that you accept and are satisfied that the Solutions are in good condition and in the proper configuration. Consumable Supply Variances, Meter Readings. Pricing for Maintenance is based on vendor-published toner yields for each type of Equipment. In the unlikely event your toner usage exceeds published yields for a unit of Maintained Equipment by more than 10%, you will pay additional charges at GFC’s then current rates for such excess usage. Staples, fax cartridges and paper are not included. You will pay all shipping and handling costs for all supplies, including toner. Toner cartridges provided by GFC may be new, remanufactured, or reprocessed. You will provide an inventory of supplies upon request. If you do not provide GFC any unused supplies upon termination of an applicable Supplement, you will pay GFC for such unused supplies when invoiced at GFC’s then current rates. If you do not have automatic meter reading devices for the Maintained Equipment, you will provide actual meter readings upon GFC’s request. If you do not provide GFC with meter readings within seven (7) days of GFC’s request, GFC may estimate the number of images and charge you an additional administrative fee. GFC may audit any automatic meter-reading device from time to time. Title, Loss and Damage. GFC owns the Equipment. The Software is owned by a third party Licensor. If you are not in default pursuant to this Agreement, you will be entitled to possession of the Equipment and use of the Software during the Term of the applicable Supplement. You will keep the Equipment free from all encumbrances and promptly provide GFC notice of any attachments or other judicial process affecting the Equipment. The Equipment will remain personal property even if the Equipment becomes attached to real property or any building. You will maintain any markings on the Equipment indicating that it is the property of GFC. You will not make any alterations, additions or improvements of any kind to the Equipment without GFC’s prior written consent, but if so authorized, any such alterations, additions, or improvements become property of GFC. Because the Equipment is in your possession and/or control, you bear the entire risk of loss, theft, or damage to it. No such loss, theft, or damage relieves you of your Payment obligations herein. If GFC determines that any Equipment is lost, stolen, or damaged beyond repair, you will upon demand, pay GFC the Accelerated Payment applicable to said Equipment. Insurance. During the Term of this Agreement, you will keep the Equipment insured, at your expense, against all risks of loss or damage for the full replacement value and will carry public liability insurance covering the Equipment. Said insurance must name GFC as loss payee and as an additional insured respectively, and you must obtain endorsements that will give GFC thirty (30) days written notice before said insurance is altered or cancelled and that said insurance will not be invalidated by any act or omission by you. You must deliver proof of all such coverage to GFC within thirty (30) days of the effective date of this Agreement. You will pay GFC all deductible amounts upon the occurrence of a loss. The proceeds of such insurance will be used as determined by GFC in its sole discretion. If you fail to provide proof of insurance as required, GFC may acquire such insurance and the cost thereof plus administrative fees will become due and payable with your next Payment. Any duplication of such payments is your responsibility. You acknowledge that it is advisable to maintain during the term of this Agreement, a cyber insurance policy that includes protection against data breach and loss. Default and Cross Default. If you fail to make any Payment when due, or fail to timely perform any other obligation as required herein, or if you suspend business, become insolvent, enter into or petition for a creditors’ arrangement, or if a receiver is appointed for any of your property, or if you are in default under any other agreement with GFC or any End User Agreement, you will then be in default pursuant to this Agreement and any other agreements with GFC. Upon default, the Accelerated Payment (defined below) will become immediately due and owing and GFC will have all rights and remedies available to it, including but not limited to, the right to exercise any or all of the following remedies: (i) terminate your right to possession of any or all of the Solutions; (ii) take possession of any or all of the Solutions; (iii) sell or lease the Equipment at public or private sale; or (iv) terminate this Agreement. In the event GFC takes possession of the Solutions, terminates this Agreement, or your right to possession, use of, or access to some or all of the Solutions, you will remain liable to GFC for the Accelerated Payment less the net sale proceeds realized by GFC from sale of the Equipment. All rights and remedies of GFC are cumulative and in addition to every other right and remedy available to GFC. In addition to the Accelerated Payment and all other amounts, you agree to pay all reasonable attorneys’ fees, costs and expenses incurred by GFC arising from your default. The “Accelerated Payment” is a reasonable calculation of damages, is not a penalty, and will be calculated by GFC as follows: the sum of (i) all past due and all other amounts then owed by you to GFC under this Agreement; (ii) the residual value of the Equipment as determined by GFC in its reasonable discretion, if you do not timely return the Equipment to GFC; and (iii) all remaining Payments for the term of this Agreement. You hereby agree not to exercise all existing and future claims and offsets against any Payments due. Data Removal. Before you remove the Equipment from your location, ship the Equipment, GFC retrieves the Equipment, or the Equipment is removed from your premises by a third party, you will at your sole cost, permanently delete from the Equipment, all sensitive data relating to your business, clients, and employees (“Stored Data”), so that recovery of the Stored Data is not possible. All hard drives and other data retention devices in the Equipment must function in the same manner following deletion of the Stored Data. You assume liability for and agree to indemnify, defend and hold GFC harmless from and against all claims, losses, costs, expenses, damages, penalties and liabilities arising from or pertaining to your failure to remove such Stored Data from the Equipment. To the extent you fail to remove delete any of the Stored Data, you authorize GFC to delete the Stored Data, but agree that GFC has no obligation to do so. In the event GFC temporarily loans Equipment to you, it is subject to this Agreement. Software License. GFC is not the owner nor licensor of any Software subject to this Agreement. To the extent described in any Supplement, GFC will provide support for and configuration of the Software but has no obligation to modify or customize the Software beyond readily configurable features. A default by the licensor of any Software pursuant to any Software license does not constitute a default by GFC and will not relieve you of your obligations hereunder. The Software is subject to this Agreement, notwithstanding any provisions to the contrary in the Uniform Commercial Code (“UCC”). Non-Waiver, Non-Cancellable, Assignment. No covenant or condition of this Agreement can be waived without the other party’s written consent. Forbearance or indulgence by a party does not constitute a waiver of the other party’s obligation to perform pursuant to this Agreement. This Agreement is non-cancellable by you and you will make all Payments required by this Agreement, even if your right to the use, possession, or benefit of the Solutions has been terminated or otherwise affected. Payments will not abate for any reason. Notwithstanding anything herein to the contrary, if Customer is a municipality or other governmental entity, and funds are not appropriated for any portion of the term of a Supplement subject hereto, you may terminate this Agreement with respect to such Supplement at the end of the time period for which funds have been appropriated. You will not (a) assign, transfer, or pledge this Agreement, the Solutions, or (b) permit the Solutions to be used by anyone other than you or your employees. GFC may assign this Agreement or a portion thereof, and the assignee will be entitled to all of the benefits of this Agreement. Notices. All notices must be in writing at the addresses stated herein and will be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); or (c) if sent by certified or registered mail or the equivalent (return receipt requested), such communication will be deemed delivered as of the date of delivery indicated on the receipt issued by the postal service, or if the addressee fails or refuses delivery, as of the date of such failure or refusal. GFC may also elect to provide you with notice via email, which will be effective on the date sent by GFC. Notice to GFC must be directed to the attention of the Vice President of Leasing. Your full legal name, address, state of organization and state-assigned organizational number, if any, are provided herein. You will notify GFC at least 30 days prior to any change to your legal name, address, state of organization, or state-assigned organization number. WARRANTIES AND DISCLAIMERS.YOU WILL HAVE THE BENEFIT OF ALL EQUIPMENT MANUFACTURERS’,SOFTWARE LICENSORS’AND OTHER THIRD PARTY SERVICE PROVIDERS’PROMISES AND WARRANTIES,IF ANY,TO THE EXTENT THEY APPLY TO YOU.EXCEPT AS OTHERWISE PROVIDED HEREIN,GFC AND Page 2 of 3 Rev. v5-0129202533 17. 18. 19. 20. 21. 22. GFC PARTNERS MAKE NO WARRANTIES, ORAL, WRITTEN, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND OR NATURE WITH REPSECT TO THE SOLUTIONS, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE CONDITION, QUALITY, CAPACITY, FUNCTIONALITY, WORKMANSHIP, MERCHANTABILITY, DESIGN, SECURITY, OPERATION, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY YOU. EXCEPT AS OTHERWISE PROVIDED HEREIN BUT SUBJECT TO THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT, GFC ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE SOLUTIONS. GFC owns the Equipment but may assign to you all rights in any warranty relating to the Equipment or other Solutions to the extent GFC determines in its reasonable discretion that it is beneficial to do so. You authorize GFC to add to a Supplement the serial numbers of Solutions subject to this Agreement. LIMITATION OF LIABILITY. YOUR PAYMENT AMOUNTS TO GFC HEREUNDER REFLECT THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT. IN NO EVENT WILL GFC, ITS EMPLOYEES, AGENTS, LICENSORS, OR GFC PARTNERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR WILL GFC, ITS EMPLOYEES, AGENTS, LICENSORS, OR GFC PARTNERS BE LIABLE TO YOU FOR ANY DAMAGES, LIABILITY, CLAIM, LOSS, OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE SOLUTIONS OR MAINTAINED EQUIPMENT. IN NO EVENT WILL GFC’S, ITS EMPLOYEES’, AGENTS’, LICENSORS’, OR GFC PARTNERS’ AGGREGATE LIABILITY TO YOU, PURSUANT TO OR ARISING FROM THIS AGREEMENT, WHETHER THE CLAIM(S) IS/ARE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR PURSUANT TO ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE PAYMENTS MADE BY YOU TO GFC PURSUANT TO THIS AGREEMENT FOR THE APPLICABLE SOLUTIONS OR MAINTAINED EQUIPMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO GFC’S RECEIPT OF YOUR CLAIM. THESE LIMITATIONS OF WARRANTY, LIABILITY, REMEDY, AND DAMAGES WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT AND APPLY EVEN IF ANY SUCH LIMITATION IS FOUND TO HAVE RESULTED IN A FAILURE OF ITS ESSENTIAL PURPOSE. Remedies. The rights and remedies of you and GFC are limited to the terms and provisions of this Agreement. You and GFC hereby waive, (a) any and all rights and remedies conferred upon a lessee by Article 2A of the UCC under applicable state law, and (b) any rights now or hereafter conferred by statute or otherwise which may require GFC to sell, lease, or otherwise use any Equipment or other Solutions to mitigate GFC’s damages if you default, or which may limit or modify any of GFC’s rights or remedies under this Agreement. If a transaction subject to this Agreement is construed as a secured transaction or a conditional sale, this Agreement is deemed to be the security agreement or conditional sale contract, and GFC will be the secured party and you the debtor. You consent to GFC filing financing statements showing GFC’s interest in the Equipment. You and GFC agree that this transaction is not subject to either Article 2 or Article 9 of the UCC. Indemnification. Except as otherwise provided herein, while in your possession, you assume all risks and liability for the Solutions, Maintained Equipment, and the use, relocation, possession, operation, storage, and condition thereof, and for injuries or death resulting to any persons, damage to any property, and any Security Incident arising therefrom. You further agree to assume liability for, and to indemnify, defend, and hold GFC harmless from and against, all claims, losses, costs, expenses, damages, penalties and liabilities arising from or related to your purchase, financing, rejection, acceptance, possession, use, storage, operation, condition, your service, your relocation, or your repair of Solutions or Maintained Equipment, your breach of any agreement or license or return or other disposition of the Solutions, and except as otherwise provided herein, any Security Incident, including costs of retrieval and attempted retrieval of data, together with all legal fees and expenses incurred by GFC in connection with any liability asserted against it. The agreements and indemnities in this section will survive the expiration or termination of this Agreement. Business Purpose, Successors, Severability, and Survival. You warrant to GFC that the Solutions will be used primarily (50% or more) for business or commercial purposes. This transaction is not primarily for personal, family, household or agricultural purposes. You will use the Solutions in a careful and proper manner, only in the normal course of your business and comply with all laws, ordinances, and regulations relating to it. This Agreement is binding upon and inures to the benefit of the heirs, administrators, successors and assigns of the parties hereto. If any portion of this Agreement is deemed invalid, it does not affect the balance of the Agreement. The agreements and indemnities in this Agreement, which expressly or by implication are intended to survive, will survive the expiration or termination of this Agreement. Applicable Law, Venue, and Waiver of Jury Trial. This Agreement is governed by and construed in accordance with the internal laws of the State of Wisconsin. You agree that notwithstanding where you or the Equipment or other Solutions are located, jurisdiction for any dispute between the parties will be in Wisconsin and will be venued in Dane County, Wisconsin. You expressly agree to submit to personal jurisdiction in Dane County, Wisconsin and waive any right to a jury trial regarding any dispute arising from this Agreement or the Maintained Equipment. Entire Agreement. Neither this Agreement nor any Supplement, addendum, schedule, or other attachment can be modified or amended except by written agreement signed and currently dated by you and GFC. This Agreement and the Supplements, addendums, schedules, and any other attachments which refer to or may be attached to this Agreement, which you acknowledge you have read, constitute the entire agreement between the parties regarding the subject matter hereof, and all other agreements, representations, promises, inducements, statements and understandings, prior to or contemporaneous with this Agreement, written or oral, are superseded by this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement. A facsimile, scanned/e-mailed or otherwise reproduced signature on this Agreement, or an execution of this Agreement using an electronic mark or other e-signature technology or service, is a legally binding signature. This Agreement may be executed in counterparts, which collectively is deemed one Agreement. Time is of the essence regarding this Agreement and its provisions. GORDON FLESCH COMPANY, INC.CUSTOMER:City of McHenry The undersigned affirms that he/she is duly authorized to execute and deliver this Agreement on behalf of Customer. By:By: Authorized Signature Authorized Signature Name:Name: Title:Title: Date:Date: Page 3 of 3 Rev. v5-0129202534 Toner Inclusive Maintenance Agreement P.O. Number: Effective Date: Upon Install Term: 12 Customer ("You" or "Customer") City of McHenry Full Legal Name 333 S Green St Address (815) 363-2100 Phone Aaron Greve Contact Name Mchenry City agreve@cityofmchenry.org E-mail Proprietorship Association Partnership Municipality Corporation LLC IL 60050-5495 State Zip Federal ID # ID #Model #Serial #Location Monthly Base Charge Per Unit Image Charges Black and White Color Images Included Overages charge/image Images Included Overages charge/image IM C4510 Admin 2nd Floor $0.00 0 0.0065 0 0.049 IM C4510 City Hall Front Counter $0.00 0 0.0065 0 0.049 IM C4510 Police Admin $0.00 0 0.0065 0 0.049 IM C4510 Main City Hall $0.00 0 0.0065 0 0.049 Special Instructions: See Addendum A for additional devices Automated Meter Reading: X Yes No Tax Exempt:X Yes No (If yes, please attach your tax exemption certificate) IT Contact Name: Phone: Email: Meter Contact: Phone: Email: AP Contact: Phone: Email: This Gordon Flesch Company, Inc. Maintenance Agreement by and between Gordon Flesch Company, Inc., a Wisconsin corporation, with offices at 2675 Research Park Drive, Madison, WI 53711 (“GFC”) and Customer is effective on the Effective Date set forth above. 1. 2. 3. 4. 5. 6. 7. 8. Agreement. By signing this Gordon Flesch Company, Inc. Maintenance Agreement, you agree to the terms herein plus any addendums and schedules hereto. The terms “Agreement”, “hereof”, “herein”, and “hereunder”, mean this Agreement together with each addendum and schedule attached hereto. Term. The term of this Agreement is stated above. The Term will be extended automatically, without notice, for successive month-to-month terms beyond the initial Term unless you provide GFC written notice that you do not want to extend, at least one calendar month before the end of the scheduled Term or any extension of the Term. Payments for any extended term will be due as invoiced by GFC. Payments. You will make the first payment on or before the due date of the first invoice issued by GFC pursuant to this Agreement. Subsequent payments will be due and payable in advance, on the same day of each month thereafter, unless otherwise provided herein or as invoiced by GFC, until the total number of payments under this Agreement have been made, including any and all charges per image, at the applicable fee per image for each black and white or color image. Annually, on or about the anniversary date hereof, GFC may increase the base payment, the fee per image for each image type and the charge per image for overage. You also agree to pay prorated amounts for any partial monthly billing period, such as the number of days from the Effective Date to the first payment due date. Alterations, attachments or specification changes to the Equipment may result in an increase in fees. GFC reserves the right to add an additional charge from time to time for the purpose of offsetting increased fuel-related costs. Maintenance. GFC will provide maintenance, service, and repairs (“Maintenance”) for the equipment specifically identified in an addendum or schedule which references this agreement or is attached hereto (the “Equipment”) located within a GFC service area, and covered by this Agreement, as reasonably necessary, in GFC’s sole discretion, to keep the Equipment in good working condition during the Term of this Agreement. GFC will not be responsible for damage that occurs or Maintenance required due to your failure to provide a clean and proper operating environment, including temperature and humidity, failure to operate the Equipment in accordance with manufacturer’s recommendations, or neglect, abuse, misuse, intentional acts or negligence by you or anyone other than GFC with respect to the Equipment. Except as otherwise provided herein, all regular Maintenance will be performed during GFC’s normal business hours. Maintenance Exclusions. Maintenance provided pursuant to this Agreement does not cover Maintenance or parts required by causes other than normal use of the Equipment, including but not limited to, acts of God, acts of civil or military authority, government requirements, war, riots, fires, explosions, earthquakes, weather conditions, floods, installation or malfunction of unauthorized software, parts, attachments or devices, service performed by someone other than GFC, or failure of electrical power or air conditioning. GFC will not be responsible for failure to render Maintenance due to acts of God, acts of civil or military authority, embargoes, epidemics, government requirements, war, riots, fires, explosions, earthquakes, weather conditions, floods, strikes or other labor disputes, or unavailability of materials and/or components and other causes beyond GFC’s control. If you are in default pursuant to this Agreement, GFC may refuse to provide Maintenance for the Equipment. Maintenance Limitations. If the Equipment is not made available for Maintenance at the location indicated herein at the time GFC’s representative calls to perform Maintenance, thereafter, the Maintenance will be performed only upon your request. There will be no refund if in any such case you fail to request Maintenance. Parts to be furnished will be on an exchange basis and will be new parts or parts warranted to perform as new when installed in the Equipment. Maintenance will not include electrical work external to the Equipment or any third party software or programming unless specifically provided herein. Any obligation of GFC to provide replacement parts is conditioned upon the availability of the parts from the original equipment manufacturer. In the unlikely event replacement parts are no longer readily available from the original manufacturer for a particular piece of Equipment, GFC will be released from its obligation for Maintenance for said Equipment. GFC may terminate this Agreement at any time by giving you thirty (30) days prior written notice. Consumable Supply Variances.If this Agreement includes toner, standards for your toner usage will be based on published vendor yields. If your use of toner exceeds the published yields for a particular piece of Equipment by more than ten percent (10%), you agree to pay when invoiced, additional charges at GFC’s then current rates for such excess usage. Toner and supply prices are subject to change. Supplies such as staples, fax cartridges, paper, print heads for Canon wide format printers and Zebra and Intermec thermal printers, cutter heads, punch dies, and Exchange Roller kits for DR Scanners are excluded unless expressly stated in this Agreement. You will pay for all shipping and handling costs associated with toner and supplies. Any toner cartridges provided by GFC for the Equipment may be new, remanufactured or reprocessed. You will provide to GFC an inventory of supplies in your possession upon GFC’s request. If you fail to return to GFC any unused supplies upon expiration or termination of this Agreement, GFC reserves the right to invoice you and you will pay GFC for such unused supplies at GFC’s then current rates Meter Readings. At GFC’s option, you will provide actual meter readings upon GFC’s request, by; (a) automated meter reading, or (b) any other method which GFC requests. GFC may estimate the number of images produced by you in any particular billing period if you do not provide GFC with meter readings within seven (7) days of GFC’s request. GFC may charge a fee if you fail to provide GFC with meter readings upon GFC’s request. GFC may audit any automatic meter reading device from time to time. SC Order ID:P-255680 1 Rev. 01292025 35 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Your Data. You acknowledge and agree that the responsibility of acquiring and implementing tools for managing, storing, backing up, and securing data is with the owner of such data. Furthermore, you acknowledge and agree that despite every effort by you and GFC to minimize risk, there remains a risk that your data may be accessed, modified, damaged, lost, deleted, misappropriated, or compromised by willful attack or otherwise and perhaps not be recoverable (“Data Breach”). To that end, in the event of any Data Breach, you acknowledge and agree that GFC will have no liability to you related to any such Data Breach, but will endeavor to assist you in the recovery and restoration of such data at your sole cost. Further, if you wish to have GFC store your Customer login credentials or similar confidential information, you acknowledge and agree that GFC’s agreement to store your login credentials is subject to the limitation of liability terms contained in this Agreement. Data Back Up. You acknowledge and agree that it is advisable for you to back up all data on your computer equipment that you deem necessary prior to GFC providing Maintenance, and on a regular basis thereafter. You acknowledge that such back up procedures should be performed on at least a daily basis. Late Payments. If you fail to pay any part of a payment or any other sum to GFC within ten (10) days after the due date thereof you agree to pay GFC a late fee of 5% of the overdue amount plus accrued interest on the late payment from the expiration of said ten (10) days until paid, at a rate equal to the lesser of 1.5% per month or the highest legal rate permitted. Fees and Taxes. You agree to pay when due, all applicable fees and taxes (including but not limited to, sales or use tax), imposed in connection with this Agreement and the Maintenance provided to you. To the extent any State or other governmental entity, assesses or otherwise imposes taxes or fees arising from this Agreement, you will reimburse GFC for such sums upon demand. Any duplication of such fee or tax payments by GFC and you are your responsibility. Default and Cross Default. If you fail to pay any amount herein when it is due, or fail to timely perform any other obligation as required herein, or if you suspend business, become insolvent, enter into or petition for a creditors’ arrangement, or if a receiver is appointed for any of your property, or if you are in default under any other agreement with GFC, you will then be in default pursuant to this Agreement and any other agreements with GFC. Upon default, GFC shall have the right to exercise any one or more of the following remedies: (a) refuse to continue to provide Maintenance and toner for the Equipment, or (b) furnish Maintenance and toner only after being paid in advance for such Maintenance and toner, at the price and rate then regularly charged by GFC for such Maintenance and toner. GFC shall have the right, but not the obligation, to elect that the entire balance of the fees and charges called for under this Agreement be accelerated and immediately due and payable (“Accelerated Payment”). All rights and remedies of GFC are cumulative and in addition to every other right and remedy available to GFC. In addition to the Accelerated Payment and all other amounts, you agree to pay all reasonable attorneys’ fees, costs and expenses incurred by GFC arising from your default. No Offsets and Non-Waiver. You hereby agree not to exercise all existing and future claims and offsets against any Payments due hereunder, and agree to pay all amounts due hereunder regardless of any such claims or offsets. No covenant or condition of this Agreement can be waived without GFC’s written consent. Forbearance or indulgence by GFC does not constitute a waiver of your obligation to perform pursuant to this Agreement. Non-Cancellable. This Agreement is non-cancellable by you for the full term hereof and you will make all payments required by this Agreement. Notwithstanding anything herein to the contrary, if Customer is a municipality or other governmental entity, and funds are not appropriated for any portion of the term of this Agreement, you may terminate this Agreement at the end of the time period for which funds have been appropriated. Assignment and Modification. You will not assign this Agreement without GFC’s prior written consent. GFC may assign this Agreement or a portion thereof, and the assignee will be entitled to all of the benefits of this Agreement. This Agreement may not be modified or amended except by written agreement signed and currently dated by you and GFC. Privacy. Your privacy is important to GFC. The Gordon Flesch Company, Inc. Privacy Policy, located at www.gflesch.com/terms-and-conditions, governs the manner in which GFC handles the information you provide to GFC. Notices. Service of all notices under this Agreement will be sufficient if given personally, sent by first class mail, to the party involved at its respective address as stated herein, or at such address as such party may provide in writing from time to time. Notice will be deemed delivered and effective: (a) on the date when personally delivered; or (b) on the date when deposited in the United States mail, duly addressed with first class postage to affect such delivery. GFC may also elect to provide you with notice via email, which shall be effective on the date sent by GFC. WARRANTIES AND DISCLAIMERS.GFC WARRANTS ONLY THAT; (1) IT WILL MAKE MAINTENANCE AVAILABLE FOR EACH UNIT OF EQUIPMENT COVERED BY THIS AGREEMENT PURSUANT TO THE TERMS HERREOF, PROVIDED THAT THE EQUIPMENT IS LOCATED IN A GFC SERVICING AREA, AND (2) ALL PARTS FURNISHED HEREUNDER WILL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP AT THE TIME OF INSTALLATION.GFC MAKES NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE CONDITION, QUALITY, CAPACITY, FUNCTIONALITY, WORKMANSHIP, MERCHANTABILITY, DESIGN, SECURITY, OR OPERATION OF THE EQUIPMENT, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY YOU. LIMITATION OF LIABILITY.YOUR PAYMENT AMOUNTS TO GFC HEREUNDER REFLECT THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT. IN NO EVENT WILL GFC, ITS EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR WILL GFC, ITS EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, LIABILITY, CLAIM, LOSS, OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT, SOFTWARE, DATA BREACH OR DATA RETRIEVAL, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL GFC’S, ITS EMPLOYEES’ OR AGENTS’ AGGREGATE LIABILITY TO YOU, PURSUANT TO OR ARISING FROM THIS AGREEMENT, WHETHER THE CLAIM(S) IS/ARE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR PURSUANT TO ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE PAYMENTS MADE BY YOU TO GFC PURSUANT TO THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO GFC’S RECEIPT OF YOUR CLAIM. THESE LIMITATIONS OF WARRANTY, LIABILITY, REMEDY, AND DAMAGES WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT AND APPLY EVEN IF ANY SUCH LIMITATION IS FOUND TO HAVE RESULTED IN A FAILURE OF ITS ESSENTIAL PURPOSE. Indemnification. You assume all risks and liability for the Equipment, and the use, relocation, possession, operation, storage and condition thereof, and for injuries or death resulting to any persons and damage to any property or loss or corruption of data arising therefrom. You further agree to assume liability for, and to indemnify, defend and hold GFC harmless from and against, all claims, losses, costs, expenses, damages, penalties and liabilities arising from or pertaining to the possession, use, relocation, storage, operation, condition, your service or repair of Equipment, and data loss or corruption, including costs of retrieval and attempted retrieval, together with all legal fees and expenses incurred by GFC in connection with any liability asserted against it. The agreements and indemnities in this section will survive the expiration or termination of this Agreement. Assurances. You will, at your expense, promptly execute and deliver to GFC such further documents and take such action as requested by GFC to carry out the intent and purpose of this Agreement. Your full legal name, address, state of organization and state-assigned organizational number, if any, are provided herein. Successors and Severability. This Agreement is binding upon and inures to the benefit of the heirs, administrators, successors and assigns of the parties hereto. If any portion of this Agreement is deemed invalid, it does not affect the balance of the Agreement. Applicable Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Wisconsin. You agree that notwithstanding where you or the Equipment are located, jurisdiction for any dispute between the parties will be in Wisconsin and will be venued in Dane County, Wisconsin. You expressly agree to submit to personal jurisdiction in Dane County, Wisconsin and waive any right to a jury trial regarding any dispute arising from this Agreement. Entire Agreement. This Agreement and the Supplements, addendums, schedules and any other attachments which refer to or may be attached hereto, which you acknowledge you have read, constitute the entire agreement between the parties regarding the subject matter hereof, and all other agreements, representations, promises, inducements, statements and understandings, prior to and contemporaneous with this Agreement, written or oral, are superseded by this Agreement. A facsimile, scanned/e-mailed or otherwise reproduced signature on this Agreement, or an execution of this Agreement using an electronic mark or other e-signature technology or service, is a legally binding signature. This Agreement may be executed in counterparts, which collectively is deemed one Agreement. Time is of the essence regarding this Agreement and its provisions. AGREED to by the parties as of the date executed by GFC. GORDON FLESCH COMPANY, INC.CUSTOMER:City of McHenry The undersigned affirms that he/she is duly authorized to execute and deliver this Agreement on behalf of Customer. By: Authorized Signature Print Name Title: Date: By: Signature Print Name Title: Date: Witness: SC Order ID:P-255680 2 Rev. 01292025 36 Toner Inclusive Maintenance Agreement Addendum A P.O. Number: Effective Date: Upon Install Term: 12 Customer ("You" or "Customer") City of McHenry Full Legal Name 333 S Green St Address (815) 363-2100 Phone Aaron Greve Contact Name Mchenry City agreve@cityofmchenry.org E-mail Proprietorship Association Partnership X Municipality Corporation LLC IL 60050-5495 State Zip Federal ID # ID #Model #Serial #Location Monthly Base Charge Per Unit Image Charges Black and White Color Images Included Overages charge/image Images Included Overages charge/image IM C4510 Police Records $0.00 0 0.0065 0 0.049 IM C4510 Public Works $0.00 0 0.0065 0 0.049 IM C4510 Recreation Center $0.00 0 0.0065 0 0.00000 P 800 Police Booking $0.00 0 0.0065 0 0.00000 P 800 Adjudication Council Chambers $0.00 0 0.0065 0 0.00000 P 800 Finance Water Billing $0.00 0 0.0065 0 0.049 IMC320F Police Command $0.00 0 0.0065 0 0.049 IMC320F Police Sergeants $0.00 0 0.0065 0 0.049 IMC320F Police Investigation $0.00 0 0.0065 0 0.049 IMC320F Police Squad Room $0.00 0 0.0065 0 0.049 IMC320F Dispatch $0.00 0 0.0065 0 0.049 IMC320F Finance Payroll $0.00 0 0.0065 0 0.049 IMC320F HR Directors $0.00 0 0.0065 0 0.049 IMC320F Parks Garage $0.00 0 0.0065 0 0.049 IMC320F PW Mechanics $0.00 0 0.0065 0 0.049 IMC320F PW Water $0.00 0 0.0065 0 0.049 IMC320F Waste Water $0.00 0 0.0065 0 0.049 IMC320F 333 S Green St, Mchenry, IL 60050-5495 $0.00 0 0.0065 0 0.049 SC Order ID:P-255680 3 Rev. 01122022 37 Toner Inclusive Maintenance Agreement P.O. Number: Effective Date: Upon Install Term: 12 Customer ("You" or "Customer") City of McHenry Full Legal Name 333 S. Green St Address 815-363-2216 Phone Aaron Greve Contact Name McHenry City agreve@cityofmchenry.org E-Mail Proprietorship Association Partnership X Municipality Corporation LLC IL 60050 State Zip Federal ID # ID #Model #Serial #Location Monthly Base Charge Per Unit Image Charges Black and White Color Images Included Overages charge/image Images Included Overages charge/image iTX-3200 MFP Z36 IL 60050 1415 Industrial Dr. McHenry See Special Instructions Special Instructions: Full Coverage- Pay per page based on coverage. The contract includes ink, print heads, maintenance kits and all parts and labor. (Excludes paper & cutter blades) Duty A $0.1558 Duty Cycle A (0.000 - .099 ml of ink per A4 image) (CAD drawing) Duty B $0.2156 Duty Cycle B (.100 ml - .149 ml of ink per A4 image) (Office document) Duty C $0.3348 Duty Cycle C (.150 - .249 ml of ink per A4 image) (low coverage posters) Duty D $0.3946 Duty Cycle D (.250 - .299 ml of ink per A4 image) (High coverage posters) Duty E $0.6314 Duty Cycle E (greater than .300 ml of ink per A4 image) (full coverage poster) Automated Meter Reading:X Yes No Tax Exempt: X Yes No (If yes. please attach your tax exemption certificate IT Contact Name: Phone: Email: Meter Contact: Phone: Email: AP Contact: Phone: Email: 1. 2. 3. 4. 5. 6. 7. 8. This Gordon Flesch Company, Inc. Maintenance Agreement by and between Gordon Flesch Company, Inc., a Wisconsin corporation, with offices at 2675 Research Park Drive, Madison, WI 53711 (“GFC”) and Customer is effective on the Effective Date set forth above. Agreement. By signing this Gordon Flesch Company, Inc. Maintenance Agreement, you agree to the terms herein plus any addendums and schedules hereto. The terms “Agreement”, “hereof”, “herein”, and “hereunder”, mean this Agreement together with each addendum and schedule attached hereto. Term. The term of this Agreement is stated above. The Term will be extended automatically, without notice, for successive month-to-month terms beyond the initial Term unless you provide GFC written notice that you do not want to extend, at least one calendar month before the end of the scheduled Term or any extension of the Term. Payments for any extended term will be due as invoiced by GFC. Payments. You will make the first payment on or before the due date of the first invoice issued by GFC pursuant to this Agreement. Subsequent payments will be due and payable in advance, on the same day of each month thereafter, unless otherwise provided herein or as invoiced by GFC, until the total number of payments under this Agreement have been made, including any and all charges per image, at the applicable fee per image for each black and white or color image. Annually, on or about the anniversary date hereof, GFC may increase the base payment, the fee per image for each image type and the charge per image for overage. You also agree to pay prorated amounts for any partial monthly billing period, such as the number of days from the Effective Date to the first payment due date. Alterations, attachments or specification changes to the Equipment may result in an increase in fees. GFC reserves the right to add an additional charge from time to time for the purpose of offsetting increased fuel-related costs. Maintenance. GFC will provide maintenance, service, and repairs (“Maintenance”) for the equipment specifically identified in an addendum or schedule which references this agreement or is attached hereto (the “Equipment”) located within a GFC service area, and covered by this Agreement, as reasonably necessary, in GFC’s sole discretion, to keep the Equipment in good working condition during the Term of this Agreement. GFC will not be responsible for damage that occurs or Maintenance required due to your failure to provide a clean and proper operating environment, including temperature and humidity, failure to operate the Equipment in accordance with manufacturer’s recommendations, or neglect, abuse, misuse, intentional acts or negligence by you or anyone other than GFC with respect to the Equipment. Except as otherwise provided herein, all regular Maintenance will be performed during GFC’s normal business hours. Maintenance Exclusions. Maintenance provided pursuant to this Agreement does not cover Maintenance or parts required by causes other than normal use of the Equipment, including but not limited to, acts of God, acts of civil or military authority, government requirements, war, riots, fires, explosions, earthquakes, weather conditions, floods, installation or malfunction of unauthorized software, parts, attachments or devices, service performed by someone other than GFC, or failure of electrical power or air conditioning. GFC will not be responsible for failure to render Maintenance due to acts of God, acts of civil or military authority, embargoes, epidemics, government requirements, war, riots, fires, explosions, earthquakes, weather conditions, floods, strikes or other labor disputes, or unavailability of materials and/or components and other causes beyond GFC’s control. If you are in default pursuant to this Agreement, GFC may refuse to provide Maintenance for the Equipment. Maintenance Limitations. If the Equipment is not made available for Maintenance at the location indicated herein at the time GFC’s representative calls to perform Maintenance, thereafter, the Maintenance will be performed only upon your request. There will be no refund if in any such case you fail to request Maintenance. Parts to be furnished will be on an exchange basis and will be new parts or parts warranted to perform as new when installed in the Equipment. Maintenance will not include electrical work external to the Equipment or any third party software or programming unless specifically provided herein. Any obligation of GFC to provide replacement parts is conditioned upon the availability of the parts from the original equipment manufacturer. In the unlikely event replacement parts are no longer readily available from the original manufacturer for a particular piece of Equipment, GFC will be released from its obligation for Maintenance for said Equipment. GFC may terminate this Agreement at any time by giving you thirty (30) days prior written notice. Consumable Supply Variances. If this Agreement includes toner, standards for your toner usage will be based on published vendor yields. If your use of toner exceeds the published yields for a particular piece of Equipment by more than ten percent (10%), you agree to pay when invoiced, additional charges at GFC’s then current rates for such excess usage. Toner and supply prices are subject to change. Supplies such as staples, fax cartridges, paper, print heads for Canon wide format printers and Zebra and Intermec thermal printers, cutter heads, punch dies, and Exchange Roller kits for DR Scanners are excluded unless expressly stated in this Agreement. You will pay for all shipping and handling costs associated with toner and supplies. Any toner cartridges provided by GFC for the Equipment may be new, remanufactured or reprocessed. You will provide to GFC an inventory of supplies in your possession upon GFC’s request. If you fail to return to GFC any unused supplies upon expiration or termination of this Agreement, GFC reserves the right to invoice you and you will pay GFC for such unused supplies at GFC’s then current rates Meter Readings. At GFC’s option, you will provide actual meter readings upon GFC’s request, by; (a) automated meter reading, or (b) any other method which GFC requests. GFC may estimate the number of images38 9. produced by you in any particular billing period if you do not provide GFC with meter readings within seven (7) days of GFC’s request. GFC may charge a fee if you fail to provide GFC with meter readings upon GFC’s request. GFC may audit any automatic meter reading device from time to time. Your Data. You acknowledge and agree that the responsibility of acquiring and implementing tools for managing, storing, backing up, and securing data is with the owner of such data. Furthermore, you acknowledge and agree that despite every effort by you and GFC to minimize risk, there remains a risk that your data may be accessed, modified, damaged, lost, deleted, misappropriated, or SC Order ID:P-207783 1 Rev. 02092022 39 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. compromised by willful attack or otherwise and perhaps not be recoverable (“Data Breach”). To that end, in the event of any Data Breach, you acknowledge and agree that GFC will have no liability to you related to any such Data Breach, but will endeavor to assist you in the recovery and restoration of such data at your sole cost. Further, if you wish to have GFC store your Customer login credentials or similar confidential information, you acknowledge and agree that GFC’s agreement to store your login credentials is subject to the limitation of liability terms contained in this Agreement. Data Back Up. You acknowledge and agree that it is advisable for you to back up all data on your computer equipment that you deem necessary prior to GFC providing Maintenance, and on a regular basis thereafter. You acknowledge that such back up procedures should be performed on at least a daily basis. Late Payments. If you fail to pay any part of a payment or any other sum to GFC within ten (10) days after the due date thereof you agree to pay GFC a late fee of 5% of the overdue amount plus accrued interest on the late payment from the expiration of said ten (10) days until paid, at a rate equal to the lesser of 1.5% per month or the highest legal rate permitted. Fees and Taxes. You agree to pay when due, all applicable fees and taxes (including but not limited to, sales or use tax), imposed in connection with this Agreement and the Maintenance provided to you. To the extent any State or other governmental entity, assesses or otherwise imposes taxes or fees arising from this Agreement, you will reimburse GFC for such sums upon demand. Any duplication of such fee or tax payments by GFC and you are your responsibility. Default and Cross Default. If you fail to pay any amount herein when it is due, or fail to timely perform any other obligation as required herein, or if you suspend business, become insolvent, enter into or petition for a creditors’ arrangement, or if a receiver is appointed for any of your property, or if you are in default under any other agreement with GFC, you will then be in default pursuant to this Agreement and any other agreements with GFC. Upon default, GFC shall have the right to exercise any one or more of the following remedies: (a) refuse to continue to provide Maintenance and toner for the Equipment, or (b) furnish Maintenance and toner only after being paid in advance for such Maintenance and toner, at the price and rate then regularly charged by GFC for such Maintenance and toner. GFC shall have the right, but not the obligation, to elect that the entire balance of the fees and charges called for under this Agreement be accelerated and immediately due and payable (“Accelerated Payment”). All rights and remedies of GFC are cumulative and in addition to every other right and remedy available to GFC. In addition to the Accelerated Payment and all other amounts, you agree to pay all reasonable attorneys’ fees, costs and expenses incurred by GFC arising from your default. No Offsets and Non-Waiver. You hereby agree not to exercise all existing and future claims and offsets against any Payments due hereunder, and agree to pay all amounts due hereunder regardless of any such claims or offsets. No covenant or condition of this Agreement can be waived without GFC’s written consent. Forbearance or indulgence by GFC does not constitute a waiver of your obligation to perform pursuant to this Agreement. Non-Cancellable. This Agreement is non-cancellable by you for the full term hereof and you will make all payments required by this Agreement. Notwithstanding anything herein to the contrary, if Customer is a municipality or other governmental entity, and funds are not appropriated for any portion of the term of this Agreement, you may terminate this Agreement at the end of the time period for which funds have been appropriated. Assignment and Modification. You will not assign this Agreement without GFC’s prior written consent. GFC may assign this Agreement or a portion thereof, and the assignee will be entitled to all of the benefits of this Agreement. This Agreement may not be modified or amended except by written agreement signed and currently dated by you and GFC. Privacy. Your privacy is important to GFC. The Gordon Flesch Company, Inc. Privacy Policy, located at www.gflesch.com/terms-and-conditions, governs the manner in which GFC handles the information you provide to GFC. Notices. Service of all notices under this Agreement will be sufficient if given personally, sent by first class mail, to the party involved at its respective address as stated herein, or at such address as such party may provide in writing from time to time. Notice will be deemed delivered and effective: (a) on the date when personally delivered; or (b) on the date when deposited in the United States mail, duly addressed with first class postage to affect such delivery. GFC may also elect to provide you with notice via email, which shall be effective on the date sent by GFC. WARRANTIES AND DISCLAIMERS.GFC WARRANTS ONLY THAT; (1) IT WILL MAKE MAINTENANCE AVAILABLE FOR EACH UNIT OF EQUIPMENT COVERED BY THIS AGREEMENT PURSUANT TO THE TERMS HERREOF, PROVIDED THAT THE EQUIPMENT IS LOCATED IN A GFC SERVICING AREA, AND (2) ALL PARTS FURNISHED HEREUNDER WILL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP AT THE TIME OF INSTALLATION. GFC MAKES NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO THE CONDITION, QUALITY, CAPACITY, FUNCTIONALITY, WORKMANSHIP, MERCHANTABILITY, DESIGN, SECURITY, OR OPERATION OF THE EQUIPMENT, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT YOUR USE THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED BY YOU. LIMITATION OF LIABILITY. YOUR PAYMENT AMOUNTS TO GFC HEREUNDER REFLECT THE ALLOCATION OF RISK AND LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT. IN NO EVENT WILL GFC, ITS EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOR WILL GFC, ITS EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, LIABILITY, CLAIM, LOSS, OR EXPENSE OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT, SOFTWARE, SUPPORT, MAINTENANCE, DATA BREACH OR DATA RETRIEVAL, BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL GFC’S AGGREGATE LIABILITY TO YOU, PURSUANT TO OR ARISING FROM THIS AGREEMENT, WHETHER THE CLAIM(S) IS/ARE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR PURSUANT TO ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE PAYMENTS MADE BY YOU TO GFC PURSUANT TO THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO GFC’S RECEIPT OF YOUR CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. Indemnification. You assume all risks and liability for the Equipment, and the use, relocation, possession, operation, storage and condition thereof, and for injuries or death resulting to any persons and damage to any property or loss or corruption of data arising therefrom. You further agree to assume liability for, and to indemnify, defend and hold GFC harmless from and against, all claims, losses, costs, expenses, damages, penalties and liabilities arising from or pertaining to the possession, use, relocation, storage, operation, condition, your service or repair of Equipment, and data loss or corruption, including costs of retrieval and attempted retrieval, together with all legal fees and expenses incurred by GFC in connection with any liability asserted against it. The agreements and indemnities in this section will survive the expiration or termination of this Agreement. Assurances. You will, at your expense, promptly execute and deliver to GFC such further documents and take such action as requested by GFC to carry out the intent and purpose of this Agreement. Your full legal name, address, state of organization and state-assigned organizational number, if any, are provided herein. Successors and Severability. This Agreement is binding upon and inures to the benefit of the heirs, administrators, successors and assigns of the parties hereto. If any portion of this Agreement is deemed invalid, it does not affect the balance of the Agreement. Applicable Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Wisconsin. You agree that notwithstanding where you or the Equipment are located, jurisdiction for any dispute between the parties will be in Wisconsin and will be venued in Dane County, Wisconsin. You expressly agree to submit to personal jurisdiction in Dane County, Wisconsin and waive any right to a jury trial regarding any dispute arising from this Agreement. Entire Agreement. This Agreement and the Supplements, addendums, schedules and any other attachments which refer to or may be attached hereto, which you acknowledge you have read, constitute the entire agreement between the parties regarding the subject matter hereof, and all other agreements, representations, promises, inducements, statements and understandings, prior to and contemporaneous with this Agreement, written or oral, are superseded by this Agreement. A facsimile, scanned/e-mailed or otherwise reproduced signature on this Agreement, or an execution of this Agreement using an electronic mark or other e-signature technology or service, is a legally binding signature. This Agreement may be executed in counterparts, which collectively is deemed one Agreement. Time is of the essence regarding this Agreement and its provisions. AGREED to by the parties as of the date executed by GFC. GORDON FLESCH COMPANY, INC. By: Authorized Signature Print Name Title: Date: CUSTOMER: City of McHenry The undersigned affirms that he/she is duly authorized to execute and deliver this Agreement on behalf of Customer. By: Authorized Signature Print Name Title: Date: Witness: SC Order ID:P-207783 2 Rev. 02092022 40 City of McHenry Council Meeting Minutes 2.3.25 1 MINUTES REGULAR CITY COUNCIL MEETING Monday, February 3, 2025, 7:00 p.m. City Council Chambers, 333 S Green St, McHenry, IL 60050 Roll Call: Mayor Jett opened with the roll call. Members present Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Ostrovsky, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff-absent, Acting Director of Public Works Adams, Deputy Clerk Johnson, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge. Public Comment: none Consent Agenda: Motion to Approve the following Consent Agenda Items as presented: A. Appoint Laura Welter, Donna Storm, and Kirk Donald to the City of McHenry Landmark Commission (Deputy Clerk Monte Johnson) B. Ordinance Amending Section 6-5A-4: Disorderly Conduct, Subsection B. Penalty, of the McHenry City Code (Deputy Clerk Monte Johnson) C. Parks & Recreation Facilities & Special Use Permit Requests D. January 21, 2025, City Council Meeting Minutes E. Issuance of $212,322.84 Checks A motion was made by Alderman McClatchey and seconded by Alderman Santi to approve the Consent Agenda Item as presented: Roll Call: Vote:7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. 41 City of McHenry Council Meeting Minutes 2.3.25 2 Individual Action Item Agenda A. Addison’s Steakhouse Liquor License A motion to approve a Class A liquor license to Addison’s Steakhouse LLC, located at 820 N John St. (Deputy Clerk Monte Johnson) Alderwoman Bassi asked petitioner Jonathan Descher if he was keeping the establishment open 31 as well as the country club, and it was confirmed that he was thinking of keeping it a sports bar. Alderman McClatchey wanted to know the opening date, the first week of March per the petitioner. No public comment. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Davis, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0- nays, 0-abstained. Motion approved. B. Addison’s Steakhouse Video Gaming License Pending the approval of a Class A liquor license, a motion to approve a video gaming license to Addison’s Steakhouse LLC, located at 820 N John St. (Deputy Clerk Monte Johnson) Alderman Glab no problem with this tonight just replacing what was already at the establishment, in the future very cautious regarding more video/liquor licenses. Alderman Koch asked if this is a new license or one that already exists at the country club, per Mayor Jett this is a new license. No public comment. A motion was made by Alderman Koch and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Davis, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0-nays, 0- abstained. Motion approved. 42 City of McHenry Council Meeting Minutes 2.3.25 3 C. Bumble Bread Revolving Loan A motion to approve a revolving loan to The Bumble Bread Company, LLC, in the amount of $30,000 for paying the costs associated with the purchase of equipment utilized in their business operations, opening expenses, and working capital (Economic Development Director Doug Martin) Per Mayor Jett, after talking for four years with them and the time at the little shops and then moving to brick and mortar, it is exciting to see them move forward. Alderman Glab is excited to see this happen hoping to see even more growth with brick-and- mortar for those entrepreneurs. Alderman McClatchey stated that they went full circle regarding the business. Alderwoman Miller, this speaks to the city's success and it’s a privilege to support them. No public comment. A motion was made by Alderman McClatchey and seconded by Alderman Glab to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Davis, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0- nays 0-abstained. Motion approved. D. 3900 Mercy Drive Cannabis Use Variation A motion to approve an Ordinance granting a Use Variation for an Adult-Use Cannabis Craft Grow Facility in conjunction with an Adult-Use Cannabis Infusion Facility for the property at 3900 Mercy Drive (Community Development Director Ross Polerecky) Conditions regarding ventilation and odor can be shut down if this occurs, since there is not growing there should not be any issues with it, per Director Polerecky. Alderwoman Miller asked if there have been any issues, it was confirmed per Director Polerecky, that there have not been any. Alderwoman Bassi wanted to know if the leaves and the stems will be used instead of just the flower, per Director Polerecky before they were not able to use the flower, now it will be processed with the flowers and the stems, but there will not be anything grown there. Alderman Davis, do licenses allow them to grow in the future? Technically, they could, but there is no room to do so, per Director Polerecky. No public comment. 43 City of McHenry Council Meeting Minutes 2.3.25 4 A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Davis, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0-nays, 0- abstained. Motion approved. E. Upper Campus Parking Lot Conditional Use Permit A motion to approve an Ordinance granting a Conditional Use Permit for McHenry High School – Upper Campus to allow a parking lot expansion for the property at 4716 W. Crystal Lake Road (Community Development Director Ross Polerecky) Alderman Glab has a concern more than anything else that when the topography is a foot higher, unfortunately looking at the flow of where the water goes because of the expansion of the baseball fields that occurred. Do we have any idea where the water will flow due to it? It will be engineered by The City of McHenry. He has reservations in support of this item. Wanted to know if there is curbing around it, confirmed by the petitioners. The drainage will be towards the primary basin west of the baseball field. Alderwoman Miller stated that any other time they have been before us, there have not been issues. There have not been any comments from the condos per Director Polerecky. A motion was made by Alderman McClatchey and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Davis, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 1-nays-Alderman Glab 0-abstained. Motion approved. F. Duker School Conditional Use Permit A motion to waive the public hearing application fee for School District 15 and approve an Ordinance granting a Conditional Use Permit for Chauncey H. Duker School to allow an expansion of the parking lot and add a new access drive off Grove Avenue for the property at 3711 Kane Avenue (Community Development Director Ross Polerecky) Alderwoman Miller is happy to see this, and Kane Ave is a mess and this will help with the traffic and the kids etc. to flow even better. This helps provide an additional area for pick up and drop off. Alderman Santi stated that he appreciates a couple of the neighbors who gave him a call regarding this, along with the Planning and Zoning meeting. Also, meeting with District 15 to 44 City of McHenry Council Meeting Minutes 2.3.25 5 take the time to meet with him to understand this more. No blocking of driveway signage will also be added for the neighbors. Alderman Koch stated it is a good idea, seems to be thrown together and maybe it could have been fine-tuned more and maybe a better idea. The civil engineer answered questions at the podium and explained that other ideas were also noted, including the navigation of the parking lot and how they came up with the ideas presented. Alderman Glab is not in favor of this at all to waive an application fee, the residents are losing money because of it. Spoke about Kane Ave and how wide the street is and could occupy parking for teachers. Chief Birk stated that there is a unique situation in Kane, there are two schools on that street. It is composed because there are two sets of buses and parents going to two different schools, along with inadequate parking for staff. It creates a problem with children being dropped off, it can create a vacuum there. There are many problems with traffic and this is a good start. Keeping teachers in the parking lot helps alleviate the blind spots for children who are walking through. Allows more flow, this is an ongoing issue and he is firm on his decision supporting this. Josh Reitz superintendent of District 15 stated that there are conversations at the beginning of each year, stated that they had to get creative with the situation. There are 200 3-year-olds, pre-K, alone with Edgebrook alone. Alderwoman Bassi talked to some residents and stated that the new parking is too close to the homes, which is why she cannot support this. Alderman Koch asked why the fee would be waived, and looked at it as a wash per District 15, for the taxpayers. 6F and 6G could be waived per Mayor Jett and then charge one fee, if that is something that The Council was looking for. Per Mayor Jett, we have a partnership with our school districts and it is important. The right of way would have to be vacated per Director Polerecky if this project will move forward. This conversation went on for some time. 45 City of McHenry Council Meeting Minutes 2.3.25 6 Public Comment: Hailey Pellot, resident located directly on Grove Street where the parking lot would back up to. She understands the need for the parking and has concerns as a resident about where the parking would affect her, location on Grove. Has not noticed any safety issues for years, with the current drop off and pick up, as she also has children that do attend the schools as well. The current proposal could cause more issues than solved since the parking lot is going to be 20 feet away from where her children sleep. Marcy Holroyd, an Algonquin resident who is the grandmother of Hailey above, spoke regarding the parking that will affect her daughter’s home. Would like to reconsider the Grove access gate if it becomes a problem. Kathy, a resident of McHenry, and also a neighbor on Grove Street of the proposed parking lot, stated that she moved there because it was a dead end, and it was beautiful. The gate is a huge concern for them. Jill Stone, a resident who also lives on Grove Street. Stated that this idea is not good by any means, stated that they have lived there since she was five, and loved the peace. Many children play in the field all the time. There is a gate there now and it is always left open, that is a huge issue that lives on Grove Ave. Josh Reitz, Superintendent for District 15 along with Jeff Schubert the Chief Financial Business Officer and Megan Michel- representative for J. Condon & Associates took the podium. The district will be responsible for the opening and closing of the gate. They did offer to put in concrete bollards, but the canopies are what they went with, a 6ft. tree is the size. Any of those improvements are open for the district. 360-degree cameras can also be reviewed if there are issues with the parking lots. All Duker staff would be directed to park there. Alderman Davis would like the trees to be large enough to add more protection to the resident's homes. Also, wanted to know if there is an automated gate with a swipe card as a suggestion. Also, concerned that this gate will be closed. Alderman McClatchey would like the trees to be doubled up, even if it costs more money. This conversation went on for some time. *Clerks Note: Original motion made, then withdrawn by. A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Davis, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 0-nays, 0- abstained. Motion approved. 46 City of McHenry Council Meeting Minutes 2.3.25 7 *Clerks note: second motion with addended verbiage referenced by Attorney McArdle. A motion to reduce and consolidate the fee to $900.00 in total and approve the proposed ordinance, following edits: 1 remains as. 2. The school district should provide district-owned gate access to Grove Ave. Student morning drop off and pickups will be closed after pickups and closed any other time including weekends or any other time. 3. As is. 4. The school district will provide a guardrail. 5. As is with the provision the easement be reserved in favor of the city to access the gate and the lift station adjacent to the school property. A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve Individual Agenda Items as revised: Roll Call: Vote: 5-ayes: Alderman Santi, Alderman Davis, Alderman Koch, Alderwoman Miller. 2-nays-Alderwoman Bassi, Alderman Glab, 0- abstained. Motion approved. G. Middle School Track and Field Conditional Use Permit A motion to waive the public hearing application fee for School District 15 and approve an Ordinance granting a Conditional Use Permit for McHenry Middle School to allow a Recreational Track & Field at 2120 W. Lincoln Road (Community Development Director Ross Polerecky) Alderwoman Bassi was visiting with the resident who was there for the meeting and wanted to know if they could use the track field when not in use. Per D15, yes it could be a community event but need to make sure doing right with the use. A motion was made by Alderman McClatchey and seconded by Alderman Davis to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Davis, Alderwoman Bassi, Alderman Koch, Alderwoman Miller. 1-nays-Alderman Glab 0-abstained. Motion approved. H. Riverwood Bus Lane Conditional Use Permit A motion to waive the public hearing application fee for School District 15 and approve an Ordinance granting a Conditional Use Permit for Riverwood Elementary School to allow an expansion of the parking lot to add a new bus lane for the property at 300 S Driftwood Trail (Community Development Director Ross Polerecky) 47 City of McHenry Council Meeting Minutes 2.3.25 8 Alderwoman Bassi, stated that residents are concerned about draining and flooding and wanted to voice this concern. Per the engineer, there is currently a storm sewer where it will be directed to. The water will continue to the basin and will not leave that area. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-nays-Alderman Glab 0- abstained. Motion approved. I. Public Works Director Recruitment Agreement A motion to approve a Master Services Agreement with MGT Impact Solutions, LLC, for the recruitment of a Public Works Director, in an amount not to exceed $24,000 (City Administrator Suzanne Ostrovsky) Added: The condition that Attorney McArdle will look over that contract Alderwoman Miller stated that the experience was great to use a professional recruiter to help bring the best talent. Alderman Santi wanted to know the time frame, per Mayor Jett not in a rush at this time. Acting Director Adams has done a great job filling this role as of now. Alderwoman Bassi stated that this should be completed in-house. A motion was made by Alderwoman Miller and seconded by Alderman Santi to approve Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Glab, Alderman Davis, Alderman Koch, Alderwoman Miller. 1-nays-Alderwoman Bassi, 0- abstained. Motion approved. Discussion Item Agenda Staff Reports Provided the 1st meeting of each month. Administrator Ostrovsky explained that the development discussion will be put on hold because there will at least be one council member joining with the election around the corner. Also, a reminder to The Council that the parking study, that was approved will also be completed soon as well. Feb 18th meeting will be the discussion of the upcoming TIFF districts, looking at more of the outlying areas in the community. Normal meeting time for this. 48 City of McHenry Council Meeting Minutes 2.3.25 9 Director Polerecky stated that the environmental for Green and Elm has been approved and heard back from IDOT. Mayor’s Report: State of The City is Feb 20th luncheon. City Council Comments: Alderman McClatchey stated the polar plunge worked out well, kudos to Chief Birk. Executive Session to discuss the appointment, employment, compensation, discipline, performance, or dismissal of specific employees (5 ILCS 120/2(c)(1)) A motion was made by Alderman Santi seconded by Alderman Koch to adjourn to Executive Session at 8:49 pm to discuss the appointment, employment, compensation, discipline, performance, or dismissal of specific employees (5 ILCS 120/2(c)(1)) Mayor Jett reconvened the meeting from the Executive Session at 10:00 p.m. A motion was made by Alderwoman Miller and seconded by Alderman Koch to return to an open session. Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 0-nays 0-abstained. Motion carried. Adjourn: A motion was made by Alderman Santi and seconded by Alderwoman McClatchey to adjourn the meeting at 10:05 Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman McClatchey, Alderwoman Bassi, Alderman Davis, Alderman Koch, Alderwoman Miller. 0-nay-, 0-abstained. Motion carried. X Mayor Wayne Jett X City Clerk Trisha Ramel 49 Expense Approval Register McHenry, IL List of Bills Council Mtg 2-18-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AMAZON CAPITAL SERVICES AMAZON CAPITAL SERVICES 1D1T-4JW1-PX9T 02/18/2025 SUPP 100-01-6110 30.09 AMAZON CAPITAL SERVICES 1D1T-4JW1-PX9T 02/18/2025 SUPP 100-03-6110 307.97 AMAZON CAPITAL SERVICES 1D1T-4JW1-PX9T 02/18/2025 SUPP 100-30-6210 50.26 AMAZON CAPITAL SERVICES 1D1T-4JW1-PX9T 02/18/2025 SUPP 100-45-6110 294.70 AMAZON CAPITAL SERVICES 1D1T-4JW1-PX9T 02/18/2025 SUPP 100-45-6210 12.89 AMAZON CAPITAL SERVICES 1DFR-JMVY-M6QF 02/18/2025 SUPP 100-41-6210 24.99 AMAZON CAPITAL SERVICES 1DFR-JMVY-M6QF 02/18/2025 SUPP 100-45-6110 299.54 AMAZON CAPITAL SERVICES 1DFR-JMVY-M6QF 02/18/2025 SUPP 100-46-6110 46.99 AMAZON CAPITAL SERVICES 1DFR-JMVY-M6QF 02/18/2025 SUPP 100-46-6920 237.19 AMAZON CAPITAL SERVICES 1DFR-JMVY-M6QF 02/18/2025 SUPP 100-47-6110 771.33 AMAZON CAPITAL SERVICES 1JP9-J17P-RHGF 02/18/2025 SUPP 100-22-4510 16.98 AMAZON CAPITAL SERVICES 1JP9-J17P-RHGF 02/18/2025 SUPP 100-22-6210 2,195.97 AMAZON CAPITAL SERVICES 1JP9-J17P-RHGF 02/18/2025 SUPP 100-23-4510 59.99 AMAZON CAPITAL SERVICES 1JP9-J17P-RHGF 02/18/2025 SUPP 620-00-6110 333.66 Vendor AMAZON CAPITAL SERVICES Total: 4,682.55 Vendor: BAXTER & WOODMAN BAXTER & WOODMAN 0268609 02/18/2025 OAKWOOD DR BRIDGE REHAB PH II 100-33-5300 24,895.18 Vendor BAXTER & WOODMAN Total: 24,895.18 Vendor: COMED COMED INV0017049 02/18/2025 UTIL 100-33-5520 34,793.31 COMED INV0017049 02/18/2025 UTIL 100-42-5510 444.05 COMED INV0017049 02/18/2025 UTIL 100-44-5510 42.18 COMED INV0017049 02/18/2025 UTIL 100-45-5510 1,392.85 COMED INV0017049 02/18/2025 UTIL 400-00-5510 2,715.34 COMED INV0017050 02/18/2025 UTIL 510-31-5510 24,064.08 COMED INV0017050 02/18/2025 UTIL 510-32-5510 22,905.02 Vendor COMED Total: 86,356.83 Vendor: ERA VALDIVA CONTRACTORS, INC ERA VALDIVA CONTRACTORS, INC 24125002 02/18/2025 REPAINTING OF WATER TOWER #4 510-31-8500 537,301.00 Vendor ERA VALDIVA CONTRACTORS, INC Total: 537,301.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY IN00734675 02/18/2025 1710 AASTRI RADIO INSTALL FOX MEADOWS 225-00-5110 195.00 FOX VALLEY FIRE & SAFETY IN00736286 02/18/2025 RINGWOOD TRIO (GEI-138) RADIO INSTALL 225-00-5110 1,995.00 FOX VALLEY FIRE & SAFETY IN00743332 02/18/2025 RADIO INSTALL 1700 AASTRI FOX MEADOWS PHASE I LLC 225-00-5110 195.00 FOX VALLEY FIRE & SAFETY IN007488462 02/18/2025 MTHLY MAINT 1/16-2/15/24 225-00-5110 3,340.00 Vendor FOX VALLEY FIRE & SAFETY Total: 5,725.00 Vendor: HRGREEN HRGREEN 183196 02/18/2025 SRP CENTRAL WWTP 11/16- 12/20/24 290-00-8900 352.50 HRGREEN 3-183775 02/18/2025 BULL VALLEY RD STP 270-00-8600 3,728.11 Vendor HRGREEN Total: 4,080.61 Vendor: ILLINOIS STATE POLICE ILLINOIS STATE POLICE 20250104217 02/18/2025 FINGERPRINT 100-01-5110 326.50 ILLINOIS STATE POLICE 20250104217 02/18/2025 FINGERPRINT 100-22-5110 54.00 ILLINOIS STATE POLICE 20250104217 02/18/2025 FINGERPRINT 100-33-5110 27.00 ILLINOIS STATE POLICE 20250104217 02/18/2025 FINGERPRINT 100-47-5110 27.00 ILLINOIS STATE POLICE 20250104217 02/18/2025 FINGERPRINT 400-40-5110 28.25 Vendor ILLINOIS STATE POLICE Total: 462.75 Vendor: LANGTON GROUP LANGTON GROUP 62438 02/18/2025 PLOW/SALT RDS 1/22-1/23/25 100-33-5110 2,208.52 Vendor LANGTON GROUP Total: 2,208.52 2/12/2025 12:02:58 PM 50 Expense Approval Register Packet: APPKT03309 - AP CKS 2-18-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: LEXISNEXIS LEXISNEXIS 1100085667 02/18/2025 JANUARY 2025 SEARCHES 100-22-5110 227.00 Vendor LEXISNEXIS Total: 227.00 Vendor: MARSH USA INC MARSH USA INC 376332972777 02/18/2025 H STEVENS NOTARY 100-01-6940 20.00 Vendor MARSH USA INC Total: 20.00 Vendor: MCHENRY COUNTY CHIEFS OF POLICE MCHENRY COUNTY CHIEFS OF POLICE INV0017051 02/18/2025 MTHLY MTG 100-22-5430 80.00 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: 80.00 Vendor: MCHENRY COUNTY COUNCIL OF GOVERNMENTS MCHENRY COUNTY COUNCIL OF GOVERNMENTS 3220 02/18/2025 S OSTROVSKY JAN MTG 100-01-5410 55.00 Vendor MCHENRY COUNTY COUNCIL OF GOVERNMENTS Total: 55.00 Vendor: STAPLES STAPLES 7003832896 02/18/2025 SUPPL 100-01-6110 138.00 STAPLES 7003832896 02/18/2025 SUPPL 100-01-6210 11.72 STAPLES 7003832896 02/18/2025 SUPPL 100-41-6210 36.85 Vendor STAPLES Total: 186.57 Vendor: UPS UPS 60X485055 02/18/2025 SHIPPING PD 100-22-5310 16.51 Vendor UPS Total: 16.51 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 14870C89 02/18/2025 SLUDGE 510-32-5580 404.80 Vendor WINNEBAGO LANDFILL CO Total: 404.80 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & MCARDLE 173432 02/18/2025 TRAFFIC 100-01-5230 8,374.00 ZUKOWSKI ROGERS FLOOD & MCARDLE 173433 02/18/2025 REDWOOD 100-01-5230 243.75 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 8,617.75 Grand Total: 675,320.07 2/12/2025 12:02:58 PM 51 Expense Approval Register Packet: APPKT03309 - AP CKS 2-18-25 Fund Summary Fund Expense Amount 100 - GENERAL FUND 77,762.31 225 - ALARM BOARD FUND 5,725.00 270 - MOTOR FUEL TAX FUND 3,728.11 290 - TIF FUND 352.50 400 - RECREATION CENTER FUND 2,743.59 510 - WATER/SEWER FUND 584,674.90 620 - INFORMATION TECHNOLOGY FUND 333.66 Grand Total: 675,320.07 52 Expense Approval Register McHenry, IL #2 List of Bills Council Mtg 2-18-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS STEEL SERVICE & SUPPLY, INC ADAMS STEEL SERVICE & SUPPLY, INC 393162 02/18/2025 Weldning Gas INV# 393162 510-32-6110 93.70 Vendor ADAMS STEEL SERVICE & SUPPLY, INC Total: 93.70 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND CONTROLS INC 25-4863 02/18/2025 Scada Maint # 25-4863 510-32-5110 240.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 240.00 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INV091951 02/18/2025 628 (91951) 510-32-5370 715.48 Vendor AUTO TECH CENTERS INC Total: 715.48 Vendor: BADGER METER INC BADGER METER INC 80185187 02/18/2025 Meter Monitoring #80185187 510-31-5110 1,477.92 Vendor BADGER METER INC Total: 1,477.92 Vendor: BEARING HEADQUARTERS COMPANY BEARING HEADQUARTERS COMPANY 6020958 02/18/2025 Aerator #2 Coupling INV# 6020958 510-32-5375 1,371.44 Vendor BEARING HEADQUARTERS COMPANY Total: 1,371.44 Vendor: BERGGREN, LEE BERGGREN, LEE 256877 02/18/2025 Hickory creek repair 280-41-8800 169.00 Vendor BERGGREN, LEE Total: 169.00 Vendor: BIDDLE CONSULTING GROUP, NC BIDDLE CONSULTING GROUP, NC 79961 02/18/2025 Invoice#79961 - CritiCall Annual Software 100-23-5110 4,434.00 Vendor BIDDLE CONSULTING GROUP, NC Total: 4,434.00 Vendor: BIG SKY COMMUNICATIONS, INC BIG SKY COMMUNICATIONS, INC 87113 02/18/2025 Invoice#87113 - Cordless PTT 100-23-6110 455.00 Vendor BIG SKY COMMUNICATIONS, INC Total: 455.00 Vendor: BLACK DIAMOND PLUMBING BLACK DIAMOND PLUMBING 283652705 02/18/2025 Water pipe repair 400-00-5110 985.00 Vendor BLACK DIAMOND PLUMBING Total: 985.00 Vendor: BONNELL INDUSTRIES INC BONNELL INDUSTRIES INC 0219821-IN 02/18/2025 412 (0219821) 100-33-5370 2,976.44 BONNELL INDUSTRIES INC 0219847-IN 02/18/2025 427/415 (0219847) 100-33-5370 3,039.47 Vendor BONNELL INDUSTRIES INC Total: 6,015.91 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 70534 02/18/2025 custodial supplies 400-00-6111 347.40 CABAY & COMPANY INC 70564 02/18/2025 custodial supplies 400-00-6111 490.93 CABAY & COMPANY INC 70627 02/18/2025 custodial supplies 400-00-6111 517.85 CABAY & COMPANY INC 70657 02/18/2025 Shop paper towels #70657 100-33-6115 251.02 CABAY & COMPANY INC 70678 02/18/2025 custodial supplies 400-00-6111 440.15 CABAY & COMPANY INC 70680 02/18/2025 Shop supplies 100-45-6110 306.49 Vendor CABAY & COMPANY INC Total: 2,353.84 Vendor: CASTLE AUTOMOTIVE GROUP CASTLE AUTOMOTIVE GROUP 6473885 02/18/2025 vehicle 623 repair 510-32-5370 1,218.55 Vendor CASTLE AUTOMOTIVE GROUP Total: 1,218.55 Vendor: DAHLIN, M, PC DAHLIN, M, PC 414 02/18/2025 JANUARY ADJUDICATION COURT 100-03-5110 54.75 DAHLIN, M, PC 414 02/18/2025 JANUARY ADJUDICATION COURT 100-22-5110 492.75 Vendor DAHLIN, M, PC Total: 547.50 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 0596102-IN 02/18/2025 elliptical transformer 400-40-5375 203.46 Vendor DIRECT FITNESS SOLUTIONS Total: 203.46 2/12/2025 12:04:13 PM 53 Expense Approval Register Packet: APPKT03310 - AP CKS 2-11-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS INC INV#I29648 02/18/2025 Air Handler Belts INV#I29648 510-32-5375 206.85 Vendor DREISILKER ELECTRIC MOTORS INC Total: 206.85 Vendor: EAGLE POINT GUN / TJ MORRIS & SONS EAGLE POINT GUN / TJ MORRIS & SONS 1-16-25 02/18/2025 Ammunition 100-22-6110 8,621.00 Vendor EAGLE POINT GUN / TJ MORRIS & SONS Total: 8,621.00 Vendor: ED'S TESTING STATION AND AUTOMOTIVE ED'S TESTING STATION AND AUTOMOTIVE #3652 02/18/2025 Veh. Insp (634, 802, 817) #3652 510-32-5370 59.50 ED'S TESTING STATION AND AUTOMOTIVE #3652 02/18/2025 Veh. Insp (634, 802, 817) #3652 510-35-5370 119.00 ED'S TESTING STATION AND AUTOMOTIVE 3652 02/18/2025 Veh. Insp (901, 415, 413) #3652 100-33-5370 120.00 Vendor ED'S TESTING STATION AND AUTOMOTIVE Total: 298.50 Vendor: FIRE HOUSE GYM FIRE HOUSE GYM 1225-64 02/18/2025 Jan. Invoice 100-47-5110 2,179.50 Vendor FIRE HOUSE GYM Total: 2,179.50 Vendor: FIRESIDE THEATRE, THE FIRESIDE THEATRE, THE 980691A 02/18/2025 Trip - Fireside West Side Story 100-46-5110 4,953.54 Vendor FIRESIDE THEATRE, THE Total: 4,953.54 Vendor: GALLS LLC GALLS LLC 0030320031 02/18/2025 Invoice#030320031 - Uniform Order - Butler 100-23-4510 27.63 GALLS LLC 030210880 02/18/2025 Invoice#030210880 - Uniform Order - Butler 100-23-4510 380.26 GALLS LLC 030222964 02/18/2025 Invoice#030222964 - Uniform Order - Conway 100-22-4510 71.17 GALLS LLC 030223775 02/18/2025 Invoice#030223775 100-22-4510 127.37 GALLS LLC 030235419 02/18/2025 Invoice#030235419 - Uniform Order - Pederson 100-22-4510 321.72 GALLS LLC 030236115 02/18/2025 Invoice#030236115 - Uniform Order - Shafer 100-22-4510 169.67 GALLS LLC 030248038 02/18/2025 Invoice#030248038 100-23-4510 136.67 GALLS LLC 030248162 02/18/2025 Invoice#030248162 - Uniform Order - A Lopez 100-22-4510 165.26 GALLS LLC 030250108 02/18/2025 Invoice#030250108 - Uniform Order - Duarte 100-23-4510 27.57 GALLS LLC 030260570 02/18/2025 Invoice#030260570 - Uniform Order - New Hire 100-22-4510 185.75 GALLS LLC 030261031 02/18/2025 Invoice#030261031 - Uniform Order - Butler 100-23-4510 74.80 GALLS LLC 030265803 02/18/2025 Invoice#030265803 - Uniform Order - New Hire 100-22-4510 51.70 GALLS LLC 030293003 02/18/2025 Invoice#030293003 - Uniform Order - Pederson 100-22-4510 56.46 GALLS LLC 030295181 02/18/2025 Invoice#030295181 - Uniform Order - P Prather 100-22-4510 142.78 GALLS LLC 030304714 02/18/2025 Invoice#030304714 100-22-4510 167.72 GALLS LLC 030304881 02/18/2025 Invoice#030304881 100-22-4510 377.99 GALLS LLC 030317963/CR030385965 02/18/2025 Invoice#030317963 - Uniform Order - Sterwerf 100-22-4510 76.99 GALLS LLC 030340607 02/18/2025 Invoice#030340607 - Uniform Order - New Hire 100-23-4510 61.89 GALLS LLC 030352009 02/18/2025 Invoice#030352009 - Uniform Order - Crowley 100-23-4510 117.77 GALLS LLC 030367865 02/18/2025 Invoice#030367865 - Uniform Order - J Birk 100-22-4510 263.77 GALLS LLC 03236565/CR030288454 02/18/2025 Invoice#030236565 - Uniform Order - Shuett/Varvil 100-22-4510 152.99 Vendor GALLS LLC Total: 3,157.93 Vendor: GASVODA & ASSOCIATES INC GASVODA & ASSOCIATES INC INV25PTS0028 02/18/2025 D.O. sensor caps 510-32-6110 616.67 Vendor GASVODA & ASSOCIATES INC Total: 616.67 Vendor: GOPHER GOPHER IN423220 02/18/2025 MIB Basketballs (Due to More Teams) 100-47-6110 2,881.92 Vendor GOPHER Total: 2,881.92 Vendor: HACH COMPANY HACH COMPANY 14359312 02/18/2025 Chemical deliveries 510-31-6110 107.14 Vendor HACH COMPANY Total: 107.14 Vendor: HAWKINS INC HAWKINS INC 6975587 02/18/2025 Chemical deliveries 510-31-6110 6,356.00 HAWKINS INC 6978465 02/18/2025 Fac Eqpt 510-31-6110 2,555.00 HAWKINS INC INV#6976334 02/18/2025 Chemical Delivery INV#6976334 510-32-6110 8,024.40 Vendor HAWKINS INC Total: 16,935.40 Vendor: HD SUPPLY HD SUPPLY 848164851 02/18/2025 Cleaning Supplies 100-03-6110 49.36 2/12/2025 12:04:13 PM 54 Expense Approval Register Packet: APPKT03310 - AP CKS 2-11-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount HD SUPPLY 848395901 02/18/2025 Cleaning Supplies 100-03-6110 94.83 Vendor HD SUPPLY Total: 144.19 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS SYSTEMS, LLC 762293-H 02/18/2025 Microsoft Monthly M365 Licensing 620-00-5110 4,580.93 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 4,580.93 Vendor: HIGH PSI LTD HIGH PSI LTD 87771 02/18/2025 Hotsy Steam Cleaner Parts INV# 87771 510-32-5375 264.51 Vendor HIGH PSI LTD Total: 264.51 Vendor: IMAGETEC LP IMAGETEC LP 756513 02/18/2025 Imagetec Monthly Lease 620-00-5110 217.75 Vendor IMAGETEC LP Total: 217.75 Vendor: IMPRESSIVE IMAGES IMPRESSIVE IMAGES 7211 STS 02/18/2025 Embroidery for uniforms - STS - 7211 100-33-4510 9.00 Vendor IMPRESSIVE IMAGES Total: 9.00 Vendor: INFOSEND, INC INFOSEND, INC 280327 02/18/2025 DEC/JAN W/S BILLS PRINTING & MAILING INV280327 100-04-5310 5,009.54 INFOSEND, INC 280327 02/18/2025 DEC/JAN W/S BILLS PRINTING & MAILING INV280327 100-04-5330 1,720.37 Vendor INFOSEND, INC Total: 6,729.91 Vendor: INTERSTATE ALL BATTERY CENTER INTERSTATE ALL BATTERY CENTER 1903701059142 02/18/2025 Dryer Building-Emerg. Light Batt.INV#1903701059142 510-32-5375 196.80 INTERSTATE ALL BATTERY CENTER 1903701059213 02/18/2025 UPS Batt. Adams Indust. Water Tower 510-32-5380 107.40 Vendor INTERSTATE ALL BATTERY CENTER Total: 304.20 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE INC 3040286398 02/18/2025 802 (3040286398) 510-35-5370 190.00 INTERSTATE BILLING SERVICE INC 3040373185 02/18/2025 408 (3040373185) 100-33-5370 58.64 INTERSTATE BILLING SERVICE INC 3040453144 02/18/2025 408 (3040453144) 100-33-5370 165.00 INTERSTATE BILLING SERVICE INC 3040496061 02/18/2025 428 3040496061 100-33-5370 202.85 Vendor INTERSTATE BILLING SERVICE INC Total: 616.49 Vendor: JG UNIFORMS INC JG UNIFORMS INC 141984 02/18/2025 Invoice#141984 - Uniform Order - Rocha 100-22-4510 12.35 Vendor JG UNIFORMS INC Total: 12.35 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 103008853 02/18/2025 kimball stock (103008853) 100-33-5370 393.33 KIMBALL MIDWEST 103031863 02/18/2025 kimball stock (103031863) 100-33-5370 318.75 Vendor KIMBALL MIDWEST Total: 712.08 Vendor: KNAPHEIDE EQUIPMENT CO-CHICAGO KNAPHEIDE EQUIPMENT CO- CHICAGO 068F197644 02/18/2025 streets 068f197644 100-33-5370 1,116.00 Vendor KNAPHEIDE EQUIPMENT CO-CHICAGO Total: 1,116.00 Vendor: LAI LTD LAI LTD 25-5696 02/18/2025 Kaeser Blower Air Filters INV# 25-5696 510-32-5375 1,755.50 Vendor LAI LTD Total: 1,755.50 Vendor: LIFEGUARD STORE INC, THE LIFEGUARD STORE INC, THE INV001481574 02/18/2025 Champ Caps 100-42-6110 709.00 Vendor LIFEGUARD STORE INC, THE Total: 709.00 Vendor: MANSFIELD OIL COMPANY OF GAINESVILLE, INC MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26090907 02/18/2025 Fuel Diesel - Parks - 26090907 100-45-6250 102.08 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26090975 02/18/2025 Fuel - CED, Police, STS - 26090975 100-03-6250 126.80 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26090975 02/18/2025 Fuel - CED, Police, STS - 26090975 100-22-6250 2,696.39 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26090975 02/18/2025 Fuel - CED, Police, STS - 26090975 100-33-6250 132.76 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26114501 02/18/2025 Fuel - CED, Police, STS - 26114501 100-03-6250 105.01 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26114501 02/18/2025 Fuel - CED, Police, STS - 26114501 100-22-6250 2,232.95 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26114501 02/18/2025 Fuel - CED, Police, STS - 26114501 100-33-6250 109.93 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26132616 02/18/2025 Fuel - CED, Police, STS - 26132616 100-03-6250 106.73 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26132616 02/18/2025 Fuel - CED, Police, STS - 26132616 100-22-6250 2,269.54 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26132616 02/18/2025 Fuel - CED, Police, STS - 26132616 100-33-6250 111.74 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26132904 02/18/2025 Fuel Diesel - Parks - 26132904 100-45-6250 224.12 2/12/2025 12:04:13 PM 55 Expense Approval Register Packet: APPKT03310 - AP CKS 2-11-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26146027 02/18/2025 Fuel Diesel - Parks - 26146027 100-45-6250 117.94 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26146040 02/18/2025 Fuel - CED, Police, STS - 26146040 100-03-6250 118.07 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26146040 02/18/2025 Fuel - CED, Police, STS - 26146040 100-22-6250 2,510.74 MANSFIELD OIL COMPANY OF GAINESVILLE, INC #26146040 02/18/2025 Fuel - CED, Police, STS - 26146040 100-33-6250 123.61 MANSFIELD OIL COMPANY OF GAINESVILLE, INC 26090907 02/18/2025 Fuel Diesel - Fleet, STS - 26090907 100-33-6250 1,316.03 MANSFIELD OIL COMPANY OF GAINESVILLE, INC 26090975 02/18/2025 Fuel - Parks - 26090975 100-45-6250 360.29 MANSFIELD OIL COMPANY OF GAINESVILLE, INC 26114501 02/18/2025 Fuel - Parks - 26114501 100-45-6250 298.37 MANSFIELD OIL COMPANY OF GAINESVILLE, INC 26132616 02/18/2025 Fuel - Parks - 26132616 100-45-6250 303.25 MANSFIELD OIL COMPANY OF GAINESVILLE, INC 26132904 02/18/2025 Fuel Diesel - Fleet, STS - 26132904 100-33-6250 2,889.45 MANSFIELD OIL COMPANY OF GAINESVILLE, INC 26146027 02/18/2025 Fuel Diesel - Fleet, STS - 26146027 100-33-6250 1,520.51 MANSFIELD OIL COMPANY OF GAINESVILLE, INC 26146040 02/18/2025 Fuel - Parks - 26146040 100-45-6250 335.48 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26090907 02/18/2025 Fuel Diesel - WW, UTY - 26090907 510-32-6250 141.73 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26090907 02/18/2025 Fuel Diesel - WW, UTY - 26090907 510-35-6250 133.28 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26090975 02/18/2025 Fuel - WW, UTY, WTR - 26090975 510-31-6250 169.18 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26090975 02/18/2025 Fuel - WW, UTY, WTR - 26090975 510-32-6250 109.54 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26090975 02/18/2025 Fuel - WW, UTY, WTR - 26090975 510-35-6250 167.54 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26114501 02/18/2025 Fuel - WW, UTY, WTR - 26114501 510-31-6250 140.10 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26114501 02/18/2025 Fuel - WW, UTY, WTR - 26114501 510-32-6250 90.71 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26114501 02/18/2025 Fuel - WW, UTY, WTR - 26114501 510-35-6250 138.75 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26132616 02/18/2025 Fuel - WW, UTY, WTR - 26132616 510-31-6250 142.40 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26132616 02/18/2025 Fuel - WW, UTY, WTR - 26132616 510-32-6250 92.20 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26132616 02/18/2025 Fuel - WW, UTY, WTR - 26132616 510-35-6250 141.02 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26132904 02/18/2025 Fuel Diesel - WW, UTY - 26132904 510-32-6250 311.19 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26132904 02/18/2025 Fuel Diesel - WW, UTY - 26132904 510-35-6250 292.64 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26146027 02/18/2025 Fuel Diesel - WW, UTY - 26146027 510-32-6250 163.75 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26146027 02/18/2025 Fuel Diesel - WW, UTY - 26146027 510-35-6250 153.99 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26146040 02/18/2025 Fuel - WW, UTY, WTR - 26146040 510-31-6250 157.53 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26146040 02/18/2025 Fuel - WW, UTY, WTR - 26146040 510-32-6250 102.00 MANSFIELD OIL COMPANY OF GAINESVILLE, INC INV26146040 02/18/2025 Fuel - WW, UTY, WTR - 26146040 510-35-6250 156.01 Vendor MANSFIELD OIL COMPANY OF GAINESVILLE, INC Total: 20,915.35 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 63143 02/18/2025 811 (63143) 510-35-5370 236.05 Vendor MCCANN INDUSTRIES INC Total: 236.05 Vendor: MCHENRY COMMUNITY SCHOOL DIST #15 MCHENRY COMMUNITY SCHOOL DIST #15 182 02/18/2025 INvoice 182 100-47-5110 1,685.00 Vendor MCHENRY COMMUNITY SCHOOL DIST #15 Total: 1,685.00 Vendor: MCHENRY COUNTY SHERIFF'S OFICE MCHENRY COUNTY SHERIFF'S OFICE CI00088840 02/18/2025 Invoice#CI00088840 - MCTRC Annual Dues 100-22-5430 45,962.14 Vendor MCHENRY COUNTY SHERIFF'S OFICE Total: 45,962.14 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 40150577 02/18/2025 Thickened Sludge Pump Belts INV#40150577 510-32-5375 217.11 Vendor MCMASTER-CARR SUPPLY CO Total: 217.11 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF WAUCONDA INC 277946W 02/18/2025 WTR repair clamps, valves, couplings #277946W 510-31-6110 2,602.54 MID AMERICAN WATER OF WAUCONDA INC 277946WSTS 02/18/2025 18" Solid Pipe #277946W 100-33-6110 425.60 MID AMERICAN WATER OF WAUCONDA INC 278238W 02/18/2025 Water Service Piping - WTR - 278238W 510-31-6110 557.40 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 3,585.54 Vendor: MIDWEST METER INC MIDWEST METER INC 0175097-IN 02/18/2025 Meters 510-31-5110 1,900.00 Vendor MIDWEST METER INC Total: 1,900.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100604 02/18/2025 Final reading forms qty 1000 100-01-5330 154.00 MINUTEMAN PRESS OF MCH 100604a 02/18/2025 Business Cards qty 250 100-01-5330 84.06 MINUTEMAN PRESS OF MCH 100620 02/18/2025 #9 window envelopes qty 2,000 100-01-5330 221.65 Vendor MINUTEMAN PRESS OF MCH Total: 459.71 Vendor: NORTH EAST MULTI-REGIONAL TRAINING INC NORTH EAST MULTI-REGIONAL TRAINING INC 369827 02/18/2025 Invoice#369827 100-22-5430 80.00 2/12/2025 12:04:13 PM 56 Expense Approval Register Packet: APPKT03310 - AP CKS 2-11-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount NORTH EAST MULTI-REGIONAL TRAINING INC 44429 02/18/2025 Invoice#369873 - Supervisor Training 100-22-5430 100.00 Vendor NORTH EAST MULTI-REGIONAL TRAINING INC Total: 180.00 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL SUPPLY CO INC 17630813 02/18/2025 Ballasts Municipal Dr inv# 1301765 100-33-6110 245.34 NORTHWEST ELECTRICAL SUPPLY CO INC 17630912 02/18/2025 Light bulb and connectors inv# 17630912 100-33-6110 140.99 NORTHWEST ELECTRICAL SUPPLY CO INC 17631341 02/18/2025 Fac Eqpt 510-31-6110 450.00 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 836.33 Vendor: NORTHWEST FREIGHTLINER NORTHWEST FREIGHTLINER x101192815 02/18/2025 817 (X101192815) 510-35-5370 774.97 NORTHWEST FREIGHTLINER x101192878 02/18/2025 817 (X101192878) 510-35-5370 17.99 Vendor NORTHWEST FREIGHTLINER Total: 792.96 Vendor: OFFICIAL FINDERS LLC OFFICIAL FINDERS LLC 31796 02/18/2025 INvoice 31796 100-47-5110 200.00 OFFICIAL FINDERS LLC 31859 02/18/2025 invoice 31859 100-47-5110 200.00 Vendor OFFICIAL FINDERS LLC Total: 400.00 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT CORP 0422423-in 02/18/2025 Safety supplies INV# 0422423- IN 510-32-6110 211.40 Vendor OLSEN SAFETY EQUIPMENT CORP Total: 211.40 Vendor: PACE ANALYTICAL SERVICES, LLC PACE ANALYTICAL SERVICES, LLC 257202534 02/18/2025 Lab biosolids analysis INV#257202534 510-32-6110 312.80 PACE ANALYTICAL SERVICES, LLC 257202535 02/18/2025 Laboratory services 510-31-5110 897.00 Vendor PACE ANALYTICAL SERVICES, LLC Total: 1,209.80 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 187141 02/18/2025 Invoice#187141 - Thermal Paper 100-22-6210 290.00 Vendor PETTIBONE & CO, P F Total: 290.00 Vendor: POWER DMS, INC POWER DMS, INC inv-129723 02/18/2025 Neogov PowerDMS SSO 620-00-5110 164.80 Vendor POWER DMS, INC Total: 164.80 Vendor: PROSHRED SECURITY PROSHRED SECURITY 1662261 02/18/2025 Invoice#1662261 - Monthly Shred 100-22-5110 86.55 Vendor PROSHRED SECURITY Total: 86.55 Vendor: PRO-TUFF DECALS PRO-TUFF DECALS q180614 02/18/2025 Order#180614 - Shirts/Sweatshirts Sterwerf 100-22-6110 4,657.10 Vendor PRO-TUFF DECALS Total: 4,657.10 Vendor: ROBINSON ENGINEERING LTD ROBINSON ENGINEERING LTD 25010028 02/18/2025 Freund LS Pipe & Valve Replacement #25010028 510-32-8500 190.00 Vendor ROBINSON ENGINEERING LTD Total: 190.00 Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT SPI20915898 02/18/2025 Small Equipment 100-45-6270 295.93 RUSSO POWER EQUIPMENT SPI20915899 02/18/2025 Small Equipment 100-45-6270 460.00 RUSSO POWER EQUIPMENT SPI20917823 02/18/2025 Equipment repair 100-45-6270 12.99 Vendor RUSSO POWER EQUIPMENT Total: 768.92 Vendor: SERVICEMASTER BY THACKER SERVICEMASTER BY THACKER 25901 02/18/2025 1415 Industrial Cleaning (Feb. 2025) #25901 100-33-5115 500.00 Vendor SERVICEMASTER BY THACKER Total: 500.00 Vendor: SHAW MEDIA SHAW MEDIA 10105871 1-31-25 02/18/2025 Kane Ave Watermain Bid Notice Ad#2217398 510-31-8500 302.26 SHAW MEDIA AD44181 02/18/2025 Oakwood Drive Bridge Phase 3 RFQ Ad 2217554 100-33-5110 181.66 Vendor SHAW MEDIA Total: 483.92 Vendor: SOUTHWESTERN ILLINOIS COLLEGE SOUTHWESTERN ILLINOIS COLLEGE 26095106-012725 02/18/2025 Invoice#26095106-012725 - Academy - Rocha 100-22-5430 7,435.00 Vendor SOUTHWESTERN ILLINOIS COLLEGE Total: 7,435.00 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 119334 02/18/2025 319 (119334) 100-22-5370 65.38 Vendor SUNNYSIDE COMPANY Total: 65.38 2/12/2025 12:04:13 PM 57 Expense Approval Register Packet: APPKT03310 - AP CKS 2-11-25 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 27583 02/18/2025 Invoice#27583 - Food and Training for Eli 100-22-6310 472.50 Vendor TOPS IN DOG TRAINING CORP Total: 472.50 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE COMMUNICATIONS INC 086103 02/18/2025 Invoice#086103 - Squad 319 100-22-5370 39.95 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 39.95 Vendor: USA BLUEBOOK USA BLUEBOOK INV00526970 02/18/2025 Discharge Hose/Sludge Judge INV00526970 510-32-6110 1,484.49 USA BLUEBOOK INV00549252 02/18/2025 Safety Equipment INV00549252 510-32-6110 279.77 USA BLUEBOOK INV00557940 02/18/2025 Safety Equipment INV00557940 510-32-6110 153.95 USA BLUEBOOK INV00585518 02/18/2025 Lift Station Transducers INV00585518 510-32-5380 2,112.74 USA BLUEBOOK INV00590127 02/18/2025 Lab supplies INV00590127 510-32-6110 463.97 Vendor USA BLUEBOOK Total: 4,494.92 Grand Total: 175,651.59 2/12/2025 12:04:13 PM 58 Expense Approval Register Packet: APPKT03310 - AP CKS 2-11-25 Fund Summary Fund Expense Amount 100 - GENERAL FUND 125,890.46 280 - DEVELOPER DONATION FUND 169.00 400 - RECREATION CENTER FUND 2,984.79 510 - WATER/SEWER FUND 41,643.86 620 - INFORMATION TECHNOLOGY FUND 4,963.48 Grand Total: 175,651.59 59 AS NEEDED CHECKS CITY COUNCIL MEETING 2-18-25 100-47-5110 5 STAR SPORTS ACADEMY INC 01/03/2025 1363.00 100-47-5110 5 STAR SPORTS ACADEMY INC 01/03/2025 2260.00 100-33-6950 ADVANCED TREE CARE 01/03/2025 73040.00 100-22-6210 AMAZON CAPITAL SERVICES 01/03/2025 191.91 620-00-6210 AMAZON CAPITAL SERVICES 01/03/2025 161.83 100-01-6110 AMAZON CAPITAL SERVICES 01/03/2025 61.14 100-03-6110 AMAZON CAPITAL SERVICES 01/03/2025 58.14 100-03-6210 AMAZON CAPITAL SERVICES 01/03/2025 24.51 100-41-6110 AMAZON CAPITAL SERVICES 01/03/2025 54.16 100-45-6110 AMAZON CAPITAL SERVICES 01/03/2025 149.99 100-22-4510 AXON ENTERPRISE INC 01/03/2025 62.60 100-33-6110 BLAZ, JAMES 01/03/2025 64.72 400-00-6111 CABAY & COMPANY INC 01/03/2025 499.12 400-00-6111 CABAY & COMPANY INC 01/03/2025 60.60 400-00-6111 CABAY & COMPANY INC 01/03/2025 297.39 100-45-5370 CASTLE AUTOMOTIVE GROUP 01/03/2025 49.00 510-32-5375 CITY ELECTRIC SUPPLY 01/03/2025 78.69 100-33-5520 COMED 01/03/2025 196.30 100-33-5520 COMED 01/03/2025 30211.17 100-42-5510 COMED 01/03/2025 328.94 100-44-5510 COMED 01/03/2025 58.83 100-45-5510 COMED 01/03/2025 304.94 400-00-5510 COMED 01/03/2025 2323.85 510-31-5510 COMED 01/03/2025 7977.69 510-32-5510 COMED 01/03/2025 13022.56 100-47-5110 FIRE HOUSE GYM 01/03/2025 2085.50 100-47-5110 FIRE HOUSE GYM 01/03/2025 1873.00 100-47-6110 GREEN DOOR PROMOTIONS LLC 01/03/2025 606.00 100-42-6110 GREEN DOOR PROMOTIONS LLC 01/03/2025 1318.60 100-47-6110 GREEN DOOR PROMOTIONS LLC 01/03/2025 728.40 100-47-5110 HOT SHOTS SPORTS 01/03/2025 5446.00 100-03-5110 HRGREEN 01/03/2025 635.00 100-03-5110 HRGREEN 01/03/2025 1207.50 100-01-6110 JENSEN, TED 01/03/2025 146.88 510-31-6110 MID AMERICAN WATER OF WAUCONDA INC 01/03/2025 1108.00 510-31-6110 MID AMERICAN WATER OF WAUCONDA INC 01/03/2025 377.46 510-31-6110 MID AMERICAN WATER OF WAUCONDA INC 01/03/2025 470.83 510-32-6110 MID AMERICAN WATER OF WAUCONDA INC 01/03/2025 414.28 100-01-6110 MID AMERICAN WATER OF WAUCONDA INC 01/03/2025 109.98 100-42-5510 NICOR GAS 01/03/2025 210.28 100-43-5510 NICOR GAS 01/03/2025 123.38 100-45-5510 NICOR GAS 01/03/2025 729.10 100-46-5510 NICOR GAS 01/03/2025 78.16 400-00-5510 NICOR GAS 01/03/2025 457.37 510-31-5510 NICOR GAS 01/03/2025 1006.00 510-32-5510 NICOR GAS 01/03/2025 1516.83 100-06-5110 THINK BIG GO LOCAL 01/03/2025 700.00 100-45-5430 UNIVERSITY OF ILLINOIS PSEP 01/03/2025 135.00 100-41-5330 WOODWARD PRINTING SERVICES 01/03/2025 2843.28 100-01-5110 AMERICAN LEGAL PUBLISHING 01/10/2025 437.90 290-00-8900 ASSOCIATED ELECTRICAL CONTRACTORS 01/10/2025 5720.00 620-00-5320 AT&T 01/10/2025 57.42 620-00-5320 AT&T 01/10/2025 431.88 620-00-5110 AT&T 01/10/2025 1247.50 620-00-5320 AT&T LONG DISTANCE 01/10/2025 4.18 100-03-6110 CABAY & COMPANY INC 01/10/2025 475.42 60 100-03-5110 DAHLIN, M, PC 01/10/2025 59.25 100-22-5110 DAHLIN, M, PC 01/10/2025 533.25 100-03-5120 E. ARIEL ROOFING SOLUTIONS, LLC 01/10/2025 360.00 100-41-6920 ED'S RENTAL & SALES INC 01/10/2025 602.50 100-03-6110 HOME DEPOT CREDIT SERVICES 01/10/2025 636.44 100-33-6110 HOME DEPOT CREDIT SERVICES 01/10/2025 1246.69 100-33-6110 HOME DEPOT CREDIT SERVICES 01/10/2025 499.55 100-45-6110 HOME DEPOT CREDIT SERVICES 01/10/2025 1832.38 100-45-6270 HOME DEPOT CREDIT SERVICES 01/10/2025 597.33 510-31-6110 HOME DEPOT CREDIT SERVICES 01/10/2025 88.76 510-32-6110 HOME DEPOT CREDIT SERVICES 01/10/2025 60.89 100-03-5120 HUEMANN WATER CONDITIONING 01/10/2025 175.00 100-01-5110 ILLINOIS STATE POLICE 01/10/2025 113.00 205-00-6940 JOCELYN BELLO 01/10/2025 100.00 100-41-5110 MCHENRY AREA CHAMBER OF COMMERCE 01/10/2025 645.00 100-22-5420 MCHENRY COUNTY CHIEFS OF POLICE 01/10/2025 150.00 510-35-6210 MINUTEMAN PRESS OF MCH 01/10/2025 71.25 620-00-5110 MITCHELL1 01/10/2025 3300.00 100-22-5370 NAPA AUTO PARTS MPEC 01/10/2025 368.16 100-33-5370 NAPA AUTO PARTS MPEC 01/10/2025 582.44 100-45-5370 NAPA AUTO PARTS MPEC 01/10/2025 307.11 100-45-6110 NAPA AUTO PARTS MPEC 01/10/2025 63.92 510-32-6250 NAPA AUTO PARTS MPEC 01/10/2025 273.79 510-35-5370 NAPA AUTO PARTS MPEC 01/10/2025 214.71 100-23-5430 NENA 01/10/2025 152.00 100-01-6940 SECRETARY OF STATE 01/10/2025 15.00 100-03-6270 TEST GAUGE INC 01/10/2025 109.67 280-41-8800 TOTAL PARKING SOLUTIONS, INC 01/10/2025 960.00 280-41-8800 TOTAL PARKING SOLUTIONS, INC 01/10/2025 1587.00 510-32-5580 WINNEBAGO LANDFILL CO 01/10/2025 2020.80 100-01-6110 ACE HARDWARE 01/17/2025 8.98 100-03-6110 ACE HARDWARE 01/17/2025 75.50 100-33-6110 ACE HARDWARE 01/17/2025 68.34 100-45-6110 ACE HARDWARE 01/17/2025 650.25 510-31-6110 ACE HARDWARE 01/17/2025 161.57 510-32-6110 ACE HARDWARE 01/17/2025 62.97 300-00-7300 BANK OF NEW YORK MELLON, THE 01/17/2025 825.00 100-01-5110 BANKCARD PROCESSING CENTER 01/17/2025 80.00 100-01-5110 BANKCARD PROCESSING CENTER 01/17/2025 267.00 100-01-6110 BANKCARD PROCESSING CENTER 01/17/2025 71.71 100-01-6940 BANKCARD PROCESSING CENTER 01/17/2025 24.27 100-03-5430 BANKCARD PROCESSING CENTER 01/17/2025 305.00 100-03-6110 BANKCARD PROCESSING CENTER 01/17/2025 17.06 100-06-5110 BANKCARD PROCESSING CENTER 01/17/2025 522.50 100-06-5410 BANKCARD PROCESSING CENTER 01/17/2025 949.00 100-06-5410 BANKCARD PROCESSING CENTER 01/17/2025 200.00 100-22-5430 BANKCARD PROCESSING CENTER 01/17/2025 998.75 100-22-6310 BANKCARD PROCESSING CENTER 01/17/2025 140.00 100-22-6310 BANKCARD PROCESSING CENTER 01/17/2025 51.24 100-23-5430 BANKCARD PROCESSING CENTER 01/17/2025 199.75 100-45-5110 BURRIS EQUIPMENT COMPANY 01/17/2025 100.00 100-01-5430 FIRST BANKCARD 01/17/2025 35.00 100-03-5370 FIRST BANKCARD 01/17/2025 114.75 100-22-5370 FIRST BANKCARD 01/17/2025 374.65 100-22-5420 FIRST BANKCARD 01/17/2025 3389.38 100-22-6210 FIRST BANKCARD 01/17/2025 441.95 100-41-5110 FIRST BANKCARD 01/17/2025 384.00 100-41-5330 FIRST BANKCARD 01/17/2025 92.00 61 100-41-5410 FIRST BANKCARD 01/17/2025 265.00 100-41-5430 FIRST BANKCARD 01/17/2025 930.00 100-41-6110 FIRST BANKCARD 01/17/2025 163.80 100-41-6210 FIRST BANKCARD 01/17/2025 8.23 100-42-5110 FIRST BANKCARD 01/17/2025 300.00 100-45-5370 FIRST BANKCARD 01/17/2025 337.36 100-45-5430 FIRST BANKCARD 01/17/2025 135.00 100-45-6110 FIRST BANKCARD 01/17/2025 735.00 100-46-6110 FIRST BANKCARD 01/17/2025 560.41 100-46-6110 FIRST BANKCARD 01/17/2025 5652.41 100-46-6920 FIRST BANKCARD 01/17/2025 86.06 100-47-5110 FIRST BANKCARD 01/17/2025 1370.00 400-00-5210 FIRST BANKCARD 01/17/2025 136.84 400-00-5321 FIRST BANKCARD 01/17/2025 289.98 400-00-6110 FIRST BANKCARD 01/17/2025 16.43 400-00-6111 FIRST BANKCARD 01/17/2025 68.26 400-00-6210 FIRST BANKCARD 01/17/2025 650.00 400-40-5110 FIRST BANKCARD 01/17/2025 599.00 400-40-6142 FIRST BANKCARD 01/17/2025 154.45 620-00-5110 FIRST BANKCARD 01/17/2025 993.00 620-00-6110 FIRST BANKCARD 01/17/2025 48.00 510-31-6110 FIRST BANKCARD 01/17/2025 661.33 510-32-6110 FIRST BANKCARD 01/17/2025 6.14 510-35-5430 FIRST BANKCARD 01/17/2025 170.00 100-04-5410 IGFOA 01/17/2025 400.00 100-33-5115 METRO DOOR AND DOCK INC 01/17/2025 435.00 100-42-5110 MUNDELEIN MUSTANG SWIM CLUB 01/17/2025 129.00 100-42-5110 ROBINSON, STEVEN 01/17/2025 150.00 100-46-6920 SAM'S CLUB 01/17/2025 350.45 100-47-6110 SAM'S CLUB 01/17/2025 76.08 100-01-6110 STAPLES 01/17/2025 8.50 100-01-6210 STAPLES 01/17/2025 150.07 100-23-6210 STAPLES 01/17/2025 40.10 510-31-6210 STAPLES 01/17/2025 77.32 620-00-4510 TODAY'S UNIFORMS 01/17/2025 113.90 620-00-5110 ULTRA STROBE COMMUNICATIONS INC 01/17/2025 189.00 510-32-5370 AMAZON CAPITAL SERVICES 01/24/2025 142.15 100-01-6110 AMAZON CAPITAL SERVICES 01/24/2025 118.00 100-01-6210 AMAZON CAPITAL SERVICES 01/24/2025 50.75 100-03-6110 AMAZON CAPITAL SERVICES 01/24/2025 205.86 100-05-6210 AMAZON CAPITAL SERVICES 01/24/2025 279.30 100-30-6210 AMAZON CAPITAL SERVICES 01/24/2025 56.66 100-41-6110 AMAZON CAPITAL SERVICES 01/24/2025 24.89 100-42-6110 AMAZON CAPITAL SERVICES 01/24/2025 39.96 100-45-6110 AMAZON CAPITAL SERVICES 01/24/2025 1237.80 400-00-6111 AMAZON CAPITAL SERVICES 01/24/2025 76.88 400-00-6120 AMAZON CAPITAL SERVICES 01/24/2025 39.69 100-22-4510 AMAZON CAPITAL SERVICES 01/24/2025 16.99 100-22-6125 AMAZON CAPITAL SERVICES 01/24/2025 153.90 100-22-6210 AMAZON CAPITAL SERVICES 01/24/2025 85.72 100-23-4510 AMAZON CAPITAL SERVICES 01/24/2025 69.94 100-23-6210 AMAZON CAPITAL SERVICES 01/24/2025 128.58 620-00-6270 AMAZON CAPITAL SERVICES 01/24/2025 268.68 100-22-5110 CITY OF HARVARD 01/24/2025 48934.00 100-22-5110 CITY OF WOODSTOCK 01/24/2025 139056.00 100-33-5520 CONSTELLATION NEWENERGY INC 01/24/2025 21.80 510-32-5510 CONSTELLATION NEWENERGY INC 01/24/2025 15308.34 230-00-5110 ECCEZION 01/24/2025 17500.00 62 100-01-6940 MCHENRY AREA CHAMBER OF COMMERCE 01/24/2025 1300.00 100-22-5110 MCHENRY TOWNSHIP FIRE PROTECTION DIS 01/24/2025 54643.00 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS INC01/24/2025 780.00 100-45-5110 MENDEZ LANDSCAPING & BRICK PAVERS INC01/24/2025 1300.00 100-22-5410 ROTARY CLUB OF MCHENRY 01/24/2025 110.00 100-42-5110 STEVENSON HIGH SCHOOL 01/24/2025 623.00 620-00-5110 US BANK EQUIPMENT FINANCE 01/24/2025 336.21 620-00-5110 US BANK EQUIPMENT FINANCE 01/24/2025 598.56 620-00-5320 AT&T 01/31/2025 3536.89 620-00-5320 AT&T 01/31/2025 98.57 620-00-5110 AT&T 01/31/2025 1124.30 620-00-5320 AT&T LONG DISTANCE 01/31/2025 25.11 510-32-4510 CINTAS CORPORATION LOC 355 01/31/2025 567.99 100-03-5120 CINTAS CORPORATION LOC 355 01/31/2025 100.87 100-33-5115 CINTAS CORPORATION LOC 355 01/31/2025 140.00 100-22-5410 IACP 01/31/2025 220.00 100-01-5310 PURCHASE POWER 01/31/2025 244.78 100-03-5310 PURCHASE POWER 01/31/2025 525.75 100-04-5310 PURCHASE POWER 01/31/2025 1280.05 100-22-5310 PURCHASE POWER 01/31/2025 729.11 100-30-5310 PURCHASE POWER 01/31/2025 24.00 100-41-5310 PURCHASE POWER 01/31/2025 50.65 510-31-5310 PURCHASE POWER 01/31/2025 5.54 510-32-5310 PURCHASE POWER 01/31/2025 10.37 100-22-5310 UPS 01/31/2025 18.27 100-01-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 19.60 100-01-5110 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 331.41 100-03-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 33.60 100-04-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 15.69 100-05-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 8.40 100-06-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 8.40 100-2190 AFLAC 01/02/2025 5366.56 100-2241 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 3587.74 100-22-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 235.20 100-23-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 88.20 100-30-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 8.40 100-33-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 50.40 100-41-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 14.70 100-45-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 33.60 280-41-6940 MERCHANTS METALS 01/02/2025 83.53 400-00-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 6.30 510-31-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 21.00 510-32-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 33.60 510-35-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 21.00 600-00-4310 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 213495.10 600-00-4320 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 11939.41 600-00-4340 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 2132.58 620-00-4330 INTERGOVERNMENTAL PERSONNEL BENEFIT01/02/2025 12.60 100-04-5110 PAYMENTECH 01/03/2025 151.40 100-04-5110 PAYMENTECH 01/03/2025 129.75 100-04-5110 MERCHANT BANKCD 01/03/2025 1101.43 100-41-5110 MERCHANT BANKCD 01/03/2025 1720.00 400-00-5200 MERCHANT BANKCD 01/03/2025 672.53 600-00-5245 HEALTHEQUITY 01/03/2025 3500.00 600-00-5245 HEALTHEQUITY 01/03/2025 187000.00 100-04-5110 AMERICAN EXPRESS 01/06/2025 1.08 510-31-5110 AMERICAN EXPRESS 01/06/2025 8.00 510-32-5110 AMERICAN EXPRESS 01/06/2025 8.00 63 620-00-5110 FIDLAR TECHNOLOGIES 01/06/2025 253.75 620-00-5110 COMCAST CABLE 01/06/2025 191.71 620-00-5110 COMCAST CABLE 01/06/2025 162.90 100-01-5110 HEALTHEQUITY 01/08/2025 388.05 600-00-5245 HEALTHEQUITY 01/08/2025 3500.00 510-31-5110 INVOICE CLOUD, IN 01/09/2025 4039.75 510-32-5110 INVOICE CLOUD, IN 01/09/2025 4039.76 620-00-5110 COMCAST ENS 01/09/2025 3993.00 100-04-5110 CRYSTAL LAKE BANK & TRUST COMPANY, N.A01/17/2025 597.33 510-31-5110 CRYSTAL LAKE BANK & TRUST COMPANY, N.A01/17/2025 85.77 510-32-5110 CRYSTAL LAKE BANK & TRUST COMPANY, N.A01/17/2025 85.77 620-00-5110 COMCAST CABLE 01/27/2025 177.90 620-00-5110 COMCAST CABLE 01/29/2025 115.45 100-03-5110 MERCHANT SERVICES 01/31/2025 193.72 100-2192 INFOARMOR, INC 01/31/2025 203.56 100-2192 INFOARMOR, INC 01/31/2025 203.56 TOTAL: 952674.94 64 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 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: February 18, 2025 TO: City Council FROM: Deputy City Clerk Monte Johnson RE: Buddyz Pizza Liquor License AGENDA ITEM SUMMARY: Wade’s Wave Inc. d/b/a Buddyz Pizza is currently owned by Sean Wade. Mr. Wade is selling the entire corporation to John Haydock. Mr. Haydock met with the Mayor, Chief of Police, City Administrator, and Deputy City Clerk to explain his business plan. There are no plans to make any substantial changes to Buddyz Pizza, and the business should go on running has it has in the past. Mr. Wade is staying on for one year as an employee/manager to help with the transition of the ownership. The background check has been completed. Although Wade’s Wave Inc. currently has a liquor license, we technically have to issue a new license due to a change in ownership, even though the license will be issued to the same exact corporation at the same location. RECOMMENDATION: A motion to approve a Class A liquor license to Wade’s Wave, Inc., located at 1138 N. Green Street in McHenry. 65 License Classification Application Date* 1 /30/2025 License Type* A Class "D" (Special Event" license has a separate application A B C E F G H License Classifications - Link to classifications list in the City Code Catering Endorsement? Permits the service of alcoholic liquors for consumption, either on -site or off -site, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract. No Yes 300 additional fee for Catering Endorsement New/Transfer * New Business Transfer of License Applicant Business Name of Business* Wades Wave, Inc Name on License Name to appear on liquor license (if different than above). Address * 1138 N Green St, McHenry, IL 60050 Phone* Email* Type of Business* Sole Proprietor Partnership LLC or Corporation Principal Business Type* Bar Restaurant Retail Store Hotel Gas Station Gaming Parlor Other 66 Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. State of Filing List state of filing for LLC, Corporation, Partnership and Sole Proprietor IL Alcohol Sale Length How long has the business been in the business of selling alcohol? List date. Over 15 years Zoning What Zoning Classification is the business property? Business Location History Date Date on which the business opened or will open at the above Business Location 2/17/2025 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased List the property owner information for the leased property. A copy of the property lease agreement must also be submitted. If the property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Person or Business Name RNM, LLC Address 3530 Waukegan Rd Suite 202 McHenry, IL 60050 Phone Number 8479105786 Email vera@xroadsadvisors.com Location Qualifications* Is the location of the applican'ts business for which the license is sought within one hundred feet of any church, schook, hospital, funeral home, home for aged or indigent persons or for veterands and their families or any military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? Many on Road and parking lots Business Agent 67 An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises. An agent may be an owner, partner, member, or designated manager. Full Name* John Haydock Date of Birth* Home Address* Street Address, City, Zip Phone* Email* Business History History* Have the applicant(s) (including all 5% or higher owners), corporation, LLC, or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes Property or Businessses in McHenry Do you own any other business or property in the City of McHenry No Yes Business Licensing and Filing Identification ROT # Applicant's Retailer's Occupation tax (ROT) Registration Number Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax (Sales Tax)? No Yes Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing. All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? Yes No 68 Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? Yes No Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations?* Yes No Violations For a large number of applicants or violations, a separate document may be submitted in lieu of filling out the boxes below. Name of Applicant John Haydock Description of Violation Include date and location I had a DUI when I was 18. it was over 47 years ago. Felony / Misdemeanor?* Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of a felony or misdemeanor? Yes No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s) or member(s) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Gaming/Wagering Stamp* Yes No 69 Have you, or any partner, or owner of 5% or more shares of the business or Agent, ever had a liquor license revoked or suspended? Suspension * Yes No Liqour Suspension Information For a large number of suspensions, a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense Is any individual who is directly or indirectly interested in applicant's place of business, a law -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? Official or Officer* Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? Gambling Offense Yes No Ownership Records A List of all owners, partners, stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name John Haydock Date of Birth Address Street Address, City, Zip 70 Phone Email Percentage of Ownership 100 File Upload Upload supporting documents, certificate of insurance, etc I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. Signature of Authorized Agent of Corporation I, r/ra 11 1x'41-1-,l Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Date * 1 /30/2025 71 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 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: February 18, 2025 TO: City Council FROM: Deputy City Clerk Monte Johnson RE: B&R Petroleum Liquor License AGENDA ITEM SUMMARY: B&R Petroleum is purchasing the Marathon gas station at 4713 W Elm Street. The business is currently owned by Rahyl Petroleum, and Rahyl Petroleum currently maintains a Class C packaged liquor license. Deputy Clerk Johnson met with Mr. Singh to go over details of the business, liquor license laws, and the liquor license application process. The background checks have been completed, and Staff has no issues with the new owners taking over the business. RECOMMENDATION: A motion to approve a Class C liquor license to B & R Petroleum LLC, located at 4713 W Elm Street in McHenry. 72 License Classification Application Date* 1 /13/2025 License Type* A Class "D' (Special Event" license has a separate application A B C E F G H License Classifications - Link to classifications list in the City Code New/Transfer * New Business Transfer of License Applicant Business Name of Business* B & R PETROLUEM LLC Name on License Name to appear on liquor license (if different than above). Address * 4713 W ELM STREET. MCHENRY.IL Phone* Email* Type of Business* Sole Proprietor Partnership LLC or Corporation Principal Business Type* Bar Restaurant Retail Store Hotel Gas Station Gaming Parlor Other Video Gaming* Do you intend to apply for video gaming? No Yes A separate application will need to be filled out for video gaming. The issuance of a qualified liquor license in the City of McHenry does not guarantee that a video gaming license will be issued. 73 State of Filing List state of filing for LLC, Corporation, Partnership and Sole Proprietor ILLINOIS Alcohol Sale Length How long has the business been in the business of selling alcohol? List date. Zoning What Zoning Classification is the business property? Business Location History Date Date on which the business opened or will open at the above Business Location 2/17/2025 Property Ownership Is the property at which the applicant business is located owned or lesed by the applicant? Owned Leased Location Qualifications* Is the location of the applican'ts business for which the license is sought within one hundred feet of any church, schook, hospital, funeral home, home for aged or indigent persons or for veterands and their families or any military or naval station? No Yes Parking How many private property parking spaces are associated with the business location? 6 Business Agent An agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises. An agent may be an owner, partner, member, or designated manager. Full Name* RANMEET SINGH Date of Birth* Home Address* Street Address, City, Zip Phone* 773-574-1884 Email* Business History History * Have the applicant(s) (including all 5 % or higher owners), corporation, LLC, or partnership ever engaged in the business or sale of alcoholic liquor at any other location? No Yes 74 Business History Information For a large history, documents can be uploaded in lieu of filling out the fields Name of Person or Business H &R PETROLEUM LLC D/B/A Name FINISH LINE Address 6302 Illinois Rd, Fort Wayne, IN 46804 For a large history, documents can be uploaded in lieu of filling out the fields Name of Person or Business H & R PETROLEUM 1 LLC D/B/A Name DECATUR QWIK SHOP Address 927 S 13th St, Decatur, IN 46733 Property or Businessses in McHenry Do you own any other business or property in the City of McHenry No Yes Business Licensing and Filing Identification ROT # Applicant's Retailer's Occupation tax (ROT) Registration Number Delinquency* Has applicant been delinquent in the payment of the Retailer's Occupational Tax (Sales Tax)? No Yes Background Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing. All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? Yes No Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 75 Yes No Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Yes No Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? Yes No Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? Liquor Violations?* Yes No Felony / Misdemeanor?* Have any of the applicants, including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of a felony or misdemeanor? Yes No Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes No Has any owner(s) or member(s) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? Federal Gaming/Wagering Stamp* Yes No Have you, or any partner, or owner of 5% or more shares of the business or Agent, ever had a liquor license revoked or suspended? Suspension * Yes No Liqour Suspension Information For a large number of suspensions, a separate document may be submitted in lieu of filling out the boxes below. Name Date and Location of Offense 76 Is any individual who is directly or indirectly interested in applicant's place of business, a law -enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? Official or Officer* Yes No Public Official or Officer Information Name Address Phone Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? Gambling Offense Yes No Ownership Records A List of all owners, partners, stock holders and members must be listed below. In lieu of filling out multiple boxes, additional supporting paperwork may be submitted. Owner Information Name RANMEET SINGH Date of Birth Address Street Address, City, Zip Phone Email Percentage of Ownership 33% Name HARINDER KAUR Date of Birth 77 ddress Street Address, City, Zip Phone Email Percentage of Ownership 33% Name PARMINDERJIT SINGH Date of Birth Address Street Address, City, Zip Phone Email Percentage of Ownership 33% File Upload Upload supporting documents, certificate of insurance, etc I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. Signature of Authorized Agent of Corporation RA,VMCET 51,V N Acknowledgement* I understand that checking this box constitutes a legal signature and confirms that I have filled out this form to the best of my ability. Date * 1 /13/2025 78 Department of Public Works Russ Adams, Acting 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. REGULAR AGENDA SUPPLEMENT DATE: February 18, 2025 TO: Mayor and City Council FROM: Russ Adams, Acting Director of Public Works RE: Kane Avenue Watermain Replacement ATT: BID TAB AGENDA ITEM SUMMARY: Staff requests City Council to consider accepting the proposal from Ganziano Sewer and Water for the replacement of the Kane Avenue water main connecting the Sioux Lane water tower to the east side of the railroad tracks. Improvements include installing approximately 205 feet of 12” PVC watermain and 37 feet of 8” watermain; installation of a 24” steel casing under the Union Pacific rail line; abandonment of approximately 192 feet of existing watermain pipe; and all necessary restoration of the site. BACKGROUND: On January 17, 2024, the Public Works Department was notified of a water main break at the intersection of Kane Avenue and Front Street. It was determined that the 12” water main connecting the Sioux Lane water tower to the east side of town had failed inside the casing under the Union Pacific rail line. On March 4, 2024, City Council approved a Task Order with HR Green for surveying, design, permitting, bidding assistance, and construction support for the water main replacement. Due to the timing of the incident, staff included this project in the Water/Sewer Capital budget for FY24/25. There was insufficient time to complete engineering for the project before budgets were submitted; therefore, staff made an “educated guess” based on the information available and budgeted $250,000 for the project. As staff would later learn during the engineering process, there are special requirements for surveying, track monitoring, flagging, and other conditions when conducting this type of work in the Union Pacific Railroad right-of-way. 79 ANALYSIS: On February 5, 2025, a total of 3 bids were received for the project. A summary of the bids is as follows: Ganziano Sewer and Water $377,520 Joel Kennedy Construction Corp. $447,897 IHC Construction Companies, Inc. $572,463 All bids received were in excess of the budget amount due to the aforementioned special provisions associated with the railroad. However, the full funding amount is available in the Water-Sewer Fund to complete the project. The City operates a total of seven watermain crossings under the Union Pacific railroad: one 6- inch watermain, three 8-inch watermains, and three 12-inch watermains. These crossings serve as the interconnect between the two water towers located on the east side of the tracks and the two water towers located on the west side of the tracks to provide adequate supply where needed to meet peak demand. The Kane Avenue watermain is one of the three 12-inch crossings. Replacing this crossing is critical to ensure the City is able to provide a safe, reliable drinking water supply to all areas of our system if a failure were ever to occur at one of the other crossings. RECOMMENDATION: Therefore, if Council Concurs, it is recommended to accept the bid from Ganziano Sewer and Water in an amount of $377,520 and a 10% contingency of $37,752 for the Kane Avenue Watermain Replacement Project. 80 Tabulation of Bids Local Public Agency:City of McHenry Date:2/5/2025Name of Bidder: County:McHenry Time:11:00 AMAddress of Bidder: Project: Attended By:See Attached Attendance Sheet Proposal Guarantee:Bid BondY Bid BondY Bid BondY Terms: Item No.ItemUnitQuantityUnit PriceTotalUnit PriceTotalUnit PriceTotal 1REMOVAL AND DISPOSAL OF UNSUITABLE MATERIALCU YD5 300.00 1,500.00$ 450.00 2,250.00$ 325.00 1,625.00$ 2DEWATERINGL SUM1 10,000.00 10,000.00$ 112,716.00 112,716.00$ 2,000.00 2,000.00$ 3CLEARING & GRUBBINGSQ YD40110.00 4,400.00$ 12.00 480.00$ 50.00 2,000.00$ 4FURNISH AND PLACING TOPSOIL, 4"SQ YD28020.00 5,600.00$ 17.00 4,760.00$ 12.00 3,360.00$ 5SEEDING, CLASS 1ACRE0.0612,000.00 720.00$ 12,100.00 726.00$ 25,000.00 1,500.00$ 6NITROGEN FERTILIZER NUTRIENTPOUND6 50.00 300.00$ 12.00 72.00$ 1.00 6.00$ 7POTASSIUM FERTILIZER NUTRIENTPOUND6 50.00 300.00$ 12.00 72.00$ 1.00 6.00$ 8EROSION CONTROL BLANKET (EXCELSIOR)SQ YD2805.00 1,400.00$ 3.55 994.00$ 4.00 1,120.00$ 9PERIMETER EROSION BARRIERFOOT10015.00 1,500.00$ 3.57 357.00$ 10.00 1,000.00$ 10WATER MAIN, 8", PVC (C-900)FOOT37205.00 7,585.00$ 675.00 24,975.00$ 780.00 28,860.00$ 11WATER MAIN, 12", PVC (C-900)FOOT83250.00 20,750.00$ 605.00 50,215.00$ 820.00 68,060.00$ 12WATER MAIN, 12", PVC (C-900) (TRENCHLESS)FOOT105138.00 14,490.00$ 100.00 10,500.00$ 180.00 18,900.00$ 1324" STEEL CASING WITH SPACERSFOOT103825.00 84,975.00$ 2,235.00 230,205.00$ 840.00 86,520.00$ 14PRESSURE VALVE INSERT, 6 INCHEACH1 18,000.00 18,000.00$ 12,384.00 12,384.00$ 8,000.00 8,000.00$ 15VALVE VAULTS, TYPE a, 4’-DIAMETER, TYPE 1 FRAME, CLOSED LIDEACH1 5,000.00 5,000.00$ 13,384.00 13,384.00$ 25,000.00 25,000.00$ 16CONNECTION TO EXISTING WATER MAIN 12"EACH2 2,750.00 5,500.00$ 2,670.00 5,340.00$ 25,000.00 50,000.00$ 17DUCTILE IRON SLEEVE, 12"EACH2 750.00 1,500.00$ 851.00 1,702.00$ 1,000.00 2,000.00$ 18CUT AND CAP EXISTING 6" WATER MAINEACH2 2,500.00 5,000.00$ 2,855.00 5,710.00$ 3,000.00 6,000.00$ 19CUT AND CAP EXISTING 12" WATER MAINEACH2 3,000.00 6,000.00$ 3,098.00 6,196.00$ 4,500.00 9,000.00$ 20WATER MAIN TO BE ABANDONED, 6"FOOT62100.00 6,200.00$ 72.00 4,464.00$ 20.00 1,240.00$ 21WATER MAIN TO BE ABANDONED, 12"FOOT130110.00 14,300.00$ 85.00 11,050.00$ 40.00 5,200.00$ 22EXIST VALVE IN VAULT TO BE ABANDONEDEACH1 500.00 500.00$ 2,670.00 2,670.00$ 500.00 500.00$ 23VALVE VAULTS TO BE ABANDONEDEACH1 500.00 500.00$ 2,670.00 2,670.00$ 500.00 500.00$ 24EXPLORATION TRENCH (SPECIAL)FOOT20200.00 4,000.00$ 234.00 4,680.00$ 25.00 500.00$ 25WOOD GUARDRAIL REMOVAL AND REINSTALLATION FOOT10500.00 5,000.00$ 158.00 1,580.00$ 300.00 3,000.00$ 26PRECONSTRUCTION VIDEO TAPINGL.SUM1 3,000.00 3,000.00$ 3,721.00 3,721.00$ 2,000.00 2,000.00$ 27TRAFFIC CONTROL AND PROTECTION L.SUM1 5,000.00 5,000.00$ 5,500.00 5,500.00$ 25,000.00 25,000.00$ 28MOBILIZATION L SUM1 25,000.00 25,000.00$ 7,200.00 7,200.00$ 40,000.00 40,000.00$ 29CONSTRUCTION LAYOUTL SUM1 5,000.00 5,000.00$ 6,472.00 6,472.00$ 5,000.00 5,000.00$ 30TRACK & GROUND MONITORINGL SUM1 94,500.00 94,500.00$ 19,418.00 19,418.00$ 30,000.00 30,000.00$ 31UNION PACIFIC’S RAILROAD FLAGGINGAllowance1 20,000.00 20,000.00$ 20,000.00 20,000.00$ 20,000.00 20,000.00$ As Read:377,520.00$ 572,463.00$ 447,897.00$ As Calculated:377,520.00$ 572,463.00$ 447,897.00$ LOW BIDDER Elgin, IL 60123Kane Ave. Watermain Replacement Total Bid: Joel Kennedy Constructing Corp 40 Noll Street Waukegan, IL 60085 Ganziano Sewer & Water Inc. 14020 Pleasant Valley Road Woodstock, IL 60098 IHC Construction Companies LLC 385 Airport Road Printed 2/6/2025 BLR 12315 (Rev. 07/16/13) 81 Department of Public Works Russ Adams, Acting Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2205 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: February 18, 2025 TO: Mayor Wayne Jett and City Council FROM: Russ Adams, Acting Director of Public Works Greg Gruen, P.E., Staff Engineer RE: BARREVILLE ROAD RESURFACING PROJECT INTERGOVERNMENTAL AGREEMENT WITH PRAIRIE GROVE ATT: IGA WITH PRAIRIE GROVE, LOCATION MAP AGENDA ITEM SUMMARY: Staff requests City Council to authorize the Mayor to sign an Intergovernmental Agreement for the Barreville Road Surface Transportation Program (STP) Resurfacing Project between the Village of Prairie Grove and the City of McHenry. BACKGROUND: On November 7, 2022, the City of McHenry was awarded STP funding for the engineering and construction of the Barreville Road Resurfacing Project within the City of McHenry municipal limits (1.51 miles). During the same funding cycle, the Village of Prairie Grove was also awarded funding to resurface their portion of Barreville Road (1.33 miles). The STP program is administered by the McHenry County Council of Mayors (MCCOM). MCCOM has requested that the two projects be combined into a single, comprehensive, 2.84-mile project. Prairie Grove will serve as the lead agency for both the engineering and construction. As a result, the City of McHenry and Prairie Grove will need to enter into a cost sharing agreement to reimburse Prairie Grove for McHenry’s portion of the project as they incur costs. The engineering is currently being performed by Baxter & Woodman. Construction is scheduled for 2027. 82 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. ANALYSIS: Staff has reviewed the situation and worked with the City Attorney to prepare the attached Intergovernmental Agreement. The Agreement includes specific provisions for the cost share, which is based on mileage. Prairie Grove’s staff have reviewed and concur with the terms of the agreement. The Prairie Grove Village Board will also be required to review and approve. RECOMMENDATION: Therefore, if Council concurs, it is recommended that the City Council authorize the Mayor to sign and enter into an Intergovernmental Agreement, subject to City Attorney review, for the Barreville Road Surface Transportation Program Project. 83 Intergovernmental Agreement for Barreville Road Surface Transportation Program Resurfacing Project Between the Village of Prairie Grove and the City of McHenry This Intergovernmental Agreement ("Agreement") is entered and effective on the later signature date referenced below, between the Village of Prairie Grove (“Prairie Grove”), and the City of McHenry ("McHenry"), both being Home Rule units of Illinois local government. Recitals WHEREAS, Articles VII, Section 10 of the 1970 constitution of the State of Illinois authorizes units of local government to contract with one another to obtain or share services in any manner not prohibited by law; WHEREAS, Prairie Grove was awarded Surface Transportation Program (STP) funding to resurface 1.33 miles of Barreville Road within their corporate limits from Ames Road north to the Prairie Grove/McHenry municipal boundary. WHEREAS, McHenry was concurrently awarded STP funding to resurface 1.51 miles of Barreville Road within their corporate limits from the Prairie Grove/McHenry municipal boundary north to Charles Miller Road. WHEREAS, the McHenry County Council of Mayors (MCCOM) administers the funding for the STP program and has requested that the two municipalities complete the work in a single 2.84 mile comprehensive construction project (hereafter referred to as the “Project”) depicted in the attached Exhibit A. WHEREAS, Prairie Grove and McHenry desire to execute this Intergovernmental Agreement for the Project and believe it to be beneficial for the residents of Prairie Grove and McHenry. NOW, THEREFORE, for and in consideration of the premises, the mutual advantages to be derived therefrom and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. Engineering Cost Sharing. The Village of Prairie Grove has contracted with Baxter & Woodman to provide the necessary engineering, plans and specifications for the Project. Based on their estimates, the project cost responsibility is fifty-four percent (54%) for McHenry and forty-six percent (46%) for Prairie Grove. The City of McHenry will reimburse Prairie Grove for 54% of the engineering costs, less any STP funding. The STP funding for the engineering is thirty-four percent (34%). 2. Engineering Invoicing and Payment. Prairie Grove shall invoice McHenry for 54% of the engineering services, minus any STP funding. As an example, if Prairie Grove receives an engineering invoice for $10,000, McHenry will reimburse Prairie Grove for $5,400 minus 34% STP funding for a total of $3,564. Payment to Prairie Grove will be made in 30 days. 3. Reimbursements from State of Illinois for Engineering Costs. The engineering invoices are to be paid in full by Prairie Grove and then submitted to the State of Illinois by Prairie Grove for reimbursement. Prairie Grove, with the assistance of Baxter & Woodman, shall be responsible for submitting for the reimbursement. 4. Construction Cost Sharing. The construction costs will be shared based on actual quantities installed. McHenry will reimburse Prairie Grove for the actual construction cost incurred for the portion of the Project from the Prairie Grove/McHenry boundary north to Charles Miller Road, less any STP funding. The STP funding for the construction costs is eighty percent (80%). 5. Construction Cost Invoicing and Payment. The construction cost will be paid directly to the contractor by the State of Illinois. The State will then invoice Prairie Grove for the construction cost, minus any STP funding. After Prairie Grove receives an invoice from the State, Prairie Grove will invoice McHenry for McHenry’s proportionate share based on actual construction quantities, minus STP 84 funding. Payment will be made to Prairie Grove in 30 days. 6. Insurance and Liability. Each party hereto shall be responsible for the safety of its own employees and shall provide for payment of all liability insurance coverage, worker's compensation, unemployment compensation, disability or death benefits, or any other employee benefits to any of its employees acting under this Agreement. All employees acting under this Agreement shall be exclusively controlled and supervised by their respective employer. 7. Indemnity of Each Other. The parties hereto agree to indemnify, hold harmless and defend each other, their officers, agents and employees from and against any and all liability, loss, costs, damages, expenses, claims or actions, including, but not limited to, incidental and consequential damages, and expenses including, but not limited to attorney's fees which the non-service providing party may sustain, incur, or be required to pay and which arises out of the sole negligence of the party providing services hereunder through its officers, agents or employees, in the execution, performance, or failure to adequately perform service performing obligations pursuant to this Agreement. 8. Amendment or Termination. This Agreement may not be amended or terminated except with the mutual agreement of the parties hereto by an instrument in writing expressly approved by the undersigned units of local governments. 9. Prior Agreements. All previous agreements made between the parties relating to the Barreville Road Project are hereby terminated. 10. Notice. Notices hereunder may be personally delivered, sent by electronic mail or first-class mail to the Prairie Grove Village Administrator or McHenry City Administrator, respectively. The date of such notice shall be deemed the date of receipt. Village of Prairie Grove _____________________________________ David Underwood, Village President Date City of McHenry _________________________________________ Wayne Jett, Mayor Date 2 85 p Project Location: Barreville Road Ames Rd to Bull Valley Road Village of Prairie Grove Barreville Road STP Resurfacing Ames Road to Bull Valley Road 86 Tax Increment Financing Discussion McHenry City Council Meeting February 18, 2025 87 “WHY DOES THE CITY OF MCHENRY STILL HAVE SO MANY VACANCIES?” Obsolete Big Box Stores Non-Conforming Lots Legacy Industrial Uses Disinvested Property Owners Economic Environment Interest Rates Construction Costs 88 A STRONG COMMERCIAL BASE SUPPORTS THE ENTIRE COMMUNITY Offsets residential property taxes Offers employment opportunities Creates updated commercial space for small businesses Allows residents to spend tax dollars in their own community Helps create a place where businesses want to locate and residents want to live 89 WHAT IS TAX INCREMENT FINANCING? Geographically focused, City administered Used for economic development and revitalization within the TIF District Fills financial gap for developers, making development possible 90 HOW DOES TIF WORK? Collects increased property taxes from new development in the TIF district Taxing bodies (schools, etc.) continue to receive revenue as of the year the TIF is established Property tax revenue is used to encourage further development in the district After 23 years, TIF expires, and the full tax amount goes to the taxing bodies Source: Illinois Municipal League 91 TIF REQUIREMENTS TIF Districts can only be established if development or redevelopment would not happen “BUT FOR” the TIF Must be designated as one or more of the following: Blighted conditions Conservation conditions Industrial park conservation conditions 92 ALLOWABLE USES FOR TIF FUNDING Construction or improvement of public infrastructure Administration costs for a TIF redevelopment project Property acquisition, renovation, rehabilitation and demolition Job training related to the TIF area Financing costs, including interest assistance Studies, surveys and plans Marketing related to sites within the TIF Professional services, such as architecture and design 93 DOWNTOWN TIF (TAX INCREMENT FINANCING DISTRICT) Created in 2002 for 23 years Recently extended to 2037 Currently $900,000 annually for TIF-eligible projects 94 TIF INCREMENT RECEIVED $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 2016 2017 2018 2019 2020 2021 2022 2023 95 DOWNTOWN TIF PROJECTS 2019-2025 FY24/25 Budget FY23/24 FY22/23 FY21/22 FY20/21 FY19/20 TIF Proformas/Appraisals/Environmental 96,000$ 89,548$ 119,792$ 9,525$ -$ -$ Increment Reimbursement 354$ 4,278$ 2,396$ 1,300$ 10,237$ 143,287$ Debt Service (Riverwalk Phase I)224,730$ 219,035$ 223,235$ 222,335$ 221,335$ 220,235$ Riverside Dr Power Pole Burial 78,500$ 99,988$ 13,793$ Riverwalk Re-decking 120,000$ Miller Point Pier Reconstruction 22,640$ 22,640$ Miller Point Bathrooms 292,019$ Miller Point Amphitheater 149,348$ Riverwalk Phase 4 1,251,086$ 682,173$ Summer Banners 7,101$ Riverside Dr Parking Lot Paving 242,479$ Miller Point Park 376,180$ Riverwalk Phase 3 661,133$ 14,413$ Riverside Dr Lighting 17,728$ Piers/Docks 54,150$ Riverwalk Repairs 63,025$ 7,860$ Downtown/streetscape master plan 74,854$ 37,571$ Miller Point Gazebo 45,361$ Total Expenses 1,770,670$ 1,559,029$ 1,668,749$ 457,330$ 277,003$ 408,883$ 96 NEW TIF DISTRICTS A POSSIBLE OPTION TO ENCOURAGE REDEVELOPMENT Richmond Road Main Street West IL Rte. 120 97 TIF CREATION PROCESS Creating a new TIF requires time and financial investment RFP & selection of TIF consultant and TIF attorney Consultant Feasibility Study for all parcels; recommendations presented to City Council City Council approves formation of specific district(s) Creation of Redevelopment Plan and TIF budget Public notices and other legal requirements Meetings with taxing bodies (Joint Review Board) Multiple public hearings Multiple ordinances to be approved by City Council 98 POSSIBLE RICHMOND ROAD TIF AREA 99 DEVELOPMENT CHALLENGES Out-of-town/disinvested property owners Property owners use buildings as a write-off and have no incentive to sell/lease Pricing of buildings not in line with the market Lack of maintenance Emotional ties to property Lack of resources by property owners 100 WHY CONSIDER TIF? Blighted properties - vacant and substandard buildings Economic, functional, and physical obsolescence of the properties Three shopping centers south of Blake Blvd. were constructed primarily in the 1980s and 1990s and need major improvements McHenry Commons, McHenry Plaza, and McHenry Grounds Shopping Centers include more than 150,000 square feet of vacant space Vacant Building Incentive Program established in 2022 was not effective Reuse/division of big box buildings is extremely costly Redevelopment desirable to align with City’s Comprehensive Plan Evolving retail market – demand for “user experience” and entertainment-oriented uses driving need for new development Developers have passed on opportunities due to a lack of incentives 101 POSSIBLE WEST 120 TIF AREA 102 DEVELOPMENT CHALLENGES Former residential lots now zoned commercial are difficult to develop because they are smaller than minimum lot size Creative solutions required to maximize functionality within a small footprint while navigating zoning regulations and building codes Undersized lots need to be aggregated and potentially converted to multi- family or townhome-style development Incentives needed to assist developers to redevelop/aggregate lots 103 Blighted Properties/Vacant Buildings Conservation Area properties 35 years or older Economic, Functional, and Physical Obsolescence of the properties Many residential homes were built decades ago (1950s, 60s, and 70s) Major shopping Center (McHenry Market Place) constructed in the 1970s-substandard Opportunities for improvements on City-owned properties Some uses in McHenry Market Place are not compatible with the surrounding area, and some larger uses within the center are struggling Older commercial uses east and west of Meadow Lane ripe for redevelopment Environmental challenges on lots in the City Centre Business Park West Route 120 Corridor Enhancement Initiative adopted in 2012 was not effective WHY CONSIDER TIF? 104 POSSIBLE MAIN STREET TIF AREA (BOONE CREEK TO BULL VALLEY ROAD) 105 DEVELOPMENT CHALLENGES Swaths of vacant land have gone undeveloped, many due to financial gaps in financing and lack of incentivization Legacy industrial uses located downtown Upcoming Route 31 construction will have a major impact on the area 106 WHY CONSIDER TIF? Blighted Properties and Vacant/Dilapidated Buildings (examples include 522 S Illinois Route 31, 209, 920, and 814 N Front Street) Many manufacturing-related/incompatible uses along Bull Valley Corridor all on individual unsubdivided parcels (examples include 4140, 4250, 4400, 4450 Bull Valley Road) Redevelopment opportunities along Front Street Corridor Several buildings within the corridor were constructed in the 1950s Few older single-family residential properties intermixed along the highway corridor Opportunities for improvements on City-owned properties Some properties have environmental challenges east and west of Front, north of Bull Valley Road 107 SUMMARY & DISCUSSION 108 NEXT STEPS? 109 FACT SHEET 500 East Capitol Avenue | P.O. Box 5180 | Springfield, IL 62705-5180 | Ph: 217.525.1220 | Fx: 217.525.7438 | iml.org ILLINOIS MUNICIPAL LEAGUE TAX INCREMENT FINANCING (TIF) BACKGROUND Illinois adopted Tax Increment Financing (TIF) in 1977. A reform to this law was enacted in 1999. Since the first TIF statute was adopted by the State of California in 1952, 49 states have passed legislation authorizing the use of TIF. According to the most recently available data from the Illinois Office of Comptroller (IOC), there may be up to 1,496 TIF districts located in as many as 537 Illinois municipalities. WHAT IS TIF? TIF is a mechanism for municipalities to spur economic development in specific geographic areas that are blighted and deteriorating. To do this, local taxing bodies create a TIF redevelopment project area, or TIF district, whereby the Equalized Assessed Value (EAV) of the property in the area is set at a base amount. Property taxes collected on properties included in the TIF district at the time of its designation continue to be distributed to the school districts and all other affected taxing districts in the same manner as if the district did not exist. Establishment of a TIF does not reduce property tax revenues available to the overlapping taxing bodies. A tax increment is the difference between the amount of property tax revenue generated before TIF district designation and the amount of property tax revenue generated after TIF designation. Only property taxes generated by the incremental increase in the EAV of these properties after that time are available for use in the TIF district by a municipality. HOW IS A TIF DISTRICT CREATED? In order to establish a TIF district, a local government must find that development or redevelopment of the area would not occur “but for” the creation and use of TIF. Illinois law specifies a number of requirements that must be satisfied for an area to qualify as a TIF district, beginning with identifying the district and the physical and economic deficiencies that need to be cured. Specifically, state law requires that the proposed area must meet one or more of three conditions: 1. Blighted conditions; 2. Conservation conditions; and, 3. Industrial park conservation conditions. If one or more of these conditions is identified, municipal officials and a Joint Review Board, made up of representatives from affected local taxing bodies, must review a plan for the redevelopment of the TIF area. A public hearing must be held where residents and other interested parties can express their thoughts on the subject. If the plan for redevelopment is approved by the Joint Review Board, the municipality may adopt the plan by a majority vote of the corporate authorities. If the Joint Review Board rejects the plan for redevelopment, the municipality may proceed but the plan must be approved by a three-fifths vote of the corporate authorities. Finally, the mayor or village president will sign the ordinance into law. No state or federal approval is required for creation. August 10, 2023 110 HOW DOES TIF WORK AFTER CREATION? The growth of the EAV of property within the TIF district (the increment) is collected into a special fund for use by the municipality to make additional eligible investments in the TIF project areas. The reinvestment generates additional growth in property value, which results in more revenue growth for reinvestment. Once a redevelopment project is completed and has been paid for, the TIF district may be dissolved and the tax base returned to full use by all eligible taxing bodies. HOW LONG DOES A TIF DISTRICT LAST? Under Illinois law, a TIF district may last for up to a maximum of 23 years. This period can be extended by 12 additional years upon approval by the Illinois General Assembly. In some cases, the General Assembly has extended TIF districts twice, for a total of 47 years. Municipalities seeking extensions must receive approval from the General Assembly, which requires, by rule, letters of support from overlapping units of local government whose boundaries fall within the TIF district. OTHER FUNDING SOURCES BESIDES TIF TIFs are more frequently used now because other development tools, like Industrial Revenue Bonds and Urban Development and Infrastructure Grants, are no longer readily available to local governments. Federal and state aid to local governments has been reduced. At the same time, unfunded federal and state mandates have increased the financial burden on most municipalities. Factor in state imposed property tax caps, and the funding problems facing local governments make it obvious that local governments are left to do more with less. TIF offers local governments a resource to revitalize their communities by expanding their tax base, offsetting, in part, the federal and state funds that are no longer available to them without imposing increased taxes on the whole community. WHAT CAN TIF BE USED FOR? TIF funds may be used to reimburse eligible “redevelopment projects costs” as defined in the Act.1 The statute provides a comprehensive list of associated project and reimbursement costs which may include, but are not limited to, the following actions occurring within the TIF district: • Administration of a TIF redevelopment project; • Property acquisition, renovation, rehabilitation and demolition; • Construction of public works or improvements; • Job training related to the TIF area; • Financing costs, including interest assistance; • Studies, surveys and plans; • Marketing related to sites within the TIF; and, • Professional services, such as architecture and design services. 1 65 ILCS 5/11-74.4-3(q). Illinois Municipal League | Tax Increment Financing | Page 2 Full EAV: new EAV added to frozen EAV at end of TIF Full EAV from redevelopment Frozen EAV Allocation of equalized assessed value within a TIF district Equalized Assessed Valuation (EAV) $ Tax rate applied and taxes go to TIF district All taxes go to schools, city, county, etc. Tax rate applied and taxes go to schools, city, county, etc.TIF Created TIF Dissolved 23 year life of TIF 5 10 15 20 Source: The “Final Report of the TIF Reform Task Force,” June 1, 2018. 111 Illinois Municipal League | Tax Increment Financing | Page 3 DESIGNATION AND DISTRIBUTION OF SURPLUS FUNDS The TIF Act provides that any portion of an annual ending balance of a TIF fund that has not been identified (or is not identified as being required, pledged, earmarked or otherwise designated for payment or securing of obligations or anticipated redevelopment project costs) shall be designated as surplus. (Section 11-74.4-7) The Act also provides for the distribution of surplus funds annually, within 180 days after the close of a municipality’s fiscal year. Surplus funds are paid by the municipal treasurer to the county collector, the Illinois Department of Revenue (IDOR) and to the municipality in direct proportion to the incremental tax revenue received. The county treasurer is then required to make distributions to the respective taxing districts. TIF REPORTING REQUIREMENTS The Act currently requires TIF municipalities to submit a report to IOC, and all taxing districts overlapping the redevelopment project area, no later than 180 days after the close of each municipal fiscal year detailing information about a TIF district. The report must include, but is not limited to, an analysis of the special tax allocation fund, a statement setting forth all activities undertaken in furtherance of the objectives of a TIF District Redevelopment Plan, a legal opinion that the municipality is in compliance with the TIF Act and any amendments to the redevelopment plan. Enacted in 2021, Public Act (P.A.) 102-0127 amends the TIF Act and expands mandated reporting requirements to include a comparison between the original projected increment and jobs for the TIF district, the actual amount of increment and jobs created to date, and an update on the stated rate of return for a development and the actual debt service on any notes issued by the municipality. In addition, P.A. 102-0127 authorizes municipalities to select a consultant to provide an analysis of the projected increment and the actual debt service on any notes issued by the municipality. The Illinois Municipal League (IML) opposed the legislation as an unfunded mandate. IML ADVOCACY IML and numerous local elected officials, as well as the General Assembly – shown through its continued actions granting and extending TIF designations – firmly believe in the value of TIF as a mechanism to spur economic development in communities across the state. While IML will not advocate for proposals that would be harmful to or reduce the effectiveness of TIF, we remain committed to serving as a partner with and all stakeholders in improving and addressing perceived issues with the TIF Act. iml.org 112 Case Study: Establishing a New Tax Increment Financing District Village of LaGrange Park, IL 2015-2017 Original text available here: https://www.lagrangepark.org/345/Process-to-Establish-TIFs Consultant At the Village Board’s 2015 strategic planning session, the Board decided that as part of a long-term strategy to maintain and enhance the Village’s revenue base, it is important to consider reinvestment tools that could improve our commercial and industrial areas. As a result, the Village released a Request for Proposals in November 2015, seeking a consultant to evaluate five areas within our community. These included the Village Market, three areas along 31st Street and the Barnsdale Industrial Corridor. SB. Friedman Development Advisors was the consultant selected. SB. Friedman evaluated each of these areas to determine if they would qualify as a TIF District, what the appropriate boundaries would be, and how much the areas could potentially generate in tax increment revenue. SB. Friedman also provided financial projections related to the potential implementation of business districts in each of the five geographical areas. Timeline o At the March 8, 2016 Village Board Work Session, SB. Friedman presented the results of the completed Feasibility Study. o At the April 12, 2016 Village Board Work Session, the Village Board discussed the findings of the Feasibility Study. The Board indicated they would like to begin the process of implementing the two TIF districts (Village Market and 31st Street/Barnsdale Corridor) and proceed with implementing business districts across all commercial and industrial areas in the Village. o At the May 24, 2016 Village Board Meeting, the Village Board approved a contract with SB. Friedman Development Advisors to provide with implementation of two TIF Districts (Phase 1) and four business districts (Phase 2) as recommended by staff. At the meeting, staff provided a presentation on the TIF process to-date. o At the July 12, 2016 Village Board Work Session, the Village Board approved a contract with Kathleen Field Orr and Associates for legal services related to implementation of the two proposed TIF Districts and the four proposed Business Districts. o At the September 27, 2016 Village Board Work Session, the Village Board adopted ordinances formally authorizing the completion of a Feasibility Study and Eligibility Report for the two proposed TIF Districts. These documents are required by the Illinois Tax Increment Allocation Redevelopment Act (TIF Act). The Board also adopted ordinance establishing "Interested Parties Registries," which are also required by the TIF Act. 113 o On October 1, 2016, the draft Feasibility Report and Redevelopment Project Area Plans for both the Village Market TIF and the 31st Street/Barnsdale TIF were released for public comment. o At the October 25, 2016 Village Board Meeting, the Village Board adopted ordinances officially setting the date for the public hearing on both plans, which will occur on January 10, 2017 at 7:30 p.m. in the Village Hall Board Room. o In November, the Village sent notices to all residents within the proposed TIF boundaries and all residents within 750' of the proposed boundaries, as required by the TIF Act. Over 2,500 households received notices. The Village also sent notices to the impacted taxing bodies and the members of the Joint Review Board, as required under the TIF Act. o On December 7, 2016, the Village held the required Joint Review Board (JRB) meetings. One JRB meeting was held for each proposed TIF district. All impacted taxing bodies were invited to attend the meeting as well as members of the public. The JRB of each of the proposed TIF districts voted unanimously to recommend approval of the ordinances establishing the TIF Districts. o On January 10, 2017 the Village Board held two public hearings, one for each of the proposed TIF districts. Both residents and business owners provided comment and asked questions during the public hearing. Overall, the feedback received from the community has been in support of both establishing the two TIF Districts. o On January 24, 2017, the Village Board unanimously approved the adoption of six statutorily required ordinances establishing the two TIF Districts. The base year of the TIF Districts is 2015. 114