CITY COUNCIL 2014/06/16 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
June 16, 2014
Special Start Time 6:30 p.m.
City Hall Council Chambers
Honorable Mayor, Donald Schoenheider
Catherine Waldeck, Alderman First Ward Stanford Tack, Alderman Third Ward
Prudence R. Beidler, Alderman First Ward Jack Reisenberg, Alderman Third Ward
David Moore, Alderman Second Ward Michael Adelman, Alderman Fourth Ward
George Pandaleon, Alderman Second Ward Michelle Moreno, Alderman Fourth Ward
CALL TO ORDER AND ROLL CALL 6:30 p.m.
PLEDGE OF ALLEGIANCE
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR 6:30 p.m.
A. Resolution of Appreciation for U.L. Jernigan
A copy of the Resolution can be found on page 9.
COUNCIL ACTION: Approve the Resolution
1. Deer Path Middle School Association of Parent and Teachers (APT)
-Christie Theis, President and Allison Cekay, District 67
Executive APT President
B. 2014-2015 New Board and Commission Appointments/Reappointments
BUILDING REVIEW BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Fred Moyer Re-appoint 1
PLAN COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Tim Henry Appoint 3
Jeff Kuchman Re-appoint 1
A copy of the Volunteer Profile sheets can be found on page 10.
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June 16, 2014 City Council Agenda
PUBLIC SERVICE AWARD COMMITTEE
NAME OF MEMBER APPOINT
Roger Mohr Appoint for 1 Year Term
COUNCIL ACTION: Approve the Mayors Appointment
C. Report and Recommendation from the Personnel, Compensation and
Administration Committee on the employment agreement with the City
Manager
A copy of the contract can be found beginning on page 14
COUNCIL ACTION: Approve the Agreement with the City Manager
2. COMMENTS BY CITY MANAGER 6:45 p.m.
A. Community Spotlight-
Lake Forest Preservation Foundation
Gail Hodges, President
B. Farmers Market Update
Susan Kelsey, Economic Development Coordinator
C. Report on City of Lake Forest Assistance with Rebuilding Efforts in
Washington, IL
Presented by Community Development Department Staff
3. COMMENTS BY COUNCIL MEMBERS 7:15 p.m.
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 7:20 p.m.
1. Approval of the June 2, 2014 City Council meeting Minutes
A copy of the minutes begins on page 21.
2. Resolution of Appreciation for Board & Commission Members
Plan Commission- Augie Ziccarelli
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June 16, 2014 City Council Agenda
A copy of the Resolution can be found on page 28.
3. Request to Modify and Extend the Contract for Disposing of the City’s
Municipal Solid Waste
STAFF CONTACT: Michael Thomas, Director of Public Works (847-810-3540)
PURPOSE AND ACTION REQUESTED: The City disposes all of its solid waste that is collected
both on the residential collection routes and the weekend Compost Center, at one of
two landfills within Lake County. Waste Management operates its landfill in Grayslake
and Advanced Disposal operates theirs in Zion. The City utilizes whichever landfill
provides the least expensive disposal rates. For the past ten years, Advanced Disposal
has charged a lesser rate. On page 29 is a chart illustrating the history of refuse and
recycling tonnage collected over the past ten years.
BACKGROUND/DISCUSSION: The City last received quotations from the two landfills in
April 2012. Advanced Disposal offered a lesser rate and with City Council’s approval,
Sanitation personnel have continued to dispose of waste in Zion. Recently, Advanced
Disposal approached the City with a proposal that outlined a reduced rate in exchange
for a three year disposal commitment by the City. To be fair and transparent, City staff
contacted Waste Management and asked for a similar proposal for a three year period.
Beginning on page 30 are two proposals from the landfill operators and a draft
agreement from Advanced Disposal. The following charts outline what the City is
currently paying along with the negotiated three-year rate from both landfills.
CURRENT DISPOSAL RATES – ADVANCED DISPOSAL
Current Rate
Price Per Ton $47.27
Environmental Tax (10%) $ 4.73
Fuel Surcharge (7.76%) $ 3.67
TOTAL: $55.67
NEGOTIATED THREE-YEAR RATES
Advanced
Disposal
Year 1
Waste
Manage.
Year 1
Advanced
Disposal
Year 2
Waste
Manage.
Year 2
Advanced
Disposal
Year 3
Waste
Manage.
Year 3
Price Per Ton $41.00 $45.00 $42.00 $46.35 $43.00 $47.75
Environmental Tax
(10%-Fixed Rate) $ 4.10 $ 4.50 $ 4.20 $ 4.64 $ 4.30 $ 4.78
Fuel Surcharge
(7.76%-Variable Rate) $ 3.18 $ 3.50 $ 3.26 $ 3.60 $ 3.34 $ 3.70
TOTAL: $48.28 $53.00 $49.46 $54.59 $50.64 $56.23
BUDGET/FISCAL IMPACT: The City collects approximately 7,000 tons of refuse per year. By
agreeing to a three-year commitment to dispose of all of its solid waste at Advanced
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June 16, 2014 City Council Agenda
Disposal’s landfill, the City will save $7.39/ton or $51,730 in year one compared to its
current rate. If approved this evening, the City will begin receiving the new rate on June
17, 2014.
FY2015
Funding
Source Purpose
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
General Residential Refuse
Disposal 101-5241-432-42-10 $350,000 $350,000 Y
General Compost Center
Refuse Disposal 101-5245-432-42-10 $47,000 $47,000 Y
TOTAL: $397,000 $397,000 Y
COUNCIL ACTION: City Council authorizes the City Manager to execute an agreement
extending disposal services with Advanced Disposal for three years, subject to City
Attorney review.
4. Consideration of a Recommendation from the Zoning Board of Appeals in
Support of Amendments to the Special Use Permit for Ragdale. (First
Reading, and if Desired by the City Council, Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Zoning Board of Appeals is presented to the City
Council for consideration as part of the Omnibus Agenda.
The Zoning Board of Appeals recommended approval of minor modifications to the existing
Special Use Permit (SUP) for Ragdale located at 1230/1260 N. Green Bay Road. The existing SUP
authorizes Ragdale, an artists’ retreat, in a residential zoning district. The first modification
provides flexibility on the mix of residents and staff that may reside at Ragdale. The total
number of people permitted to reside on the site does not change. The second modification
authorizes the Ragdale Ring Project to be held at Ragdale on an annual basis. The Ragdale
Ring Project involves up to five outdoor performances, integrated with artwork, between May
and October each year.
In 2013, the City Council approved a 1-year pilot of the Ragdale Ring Project. The project was
successfully carried out last summer. The Ragdale Ring Project is intended to “share” Ragdale
and the arts with the larger community. The Board received one letter on this petition
requesting that after the performances are completed for the season, the artwork be removed
from the site. The conditions as recommended by the Zoning Board of Appeals address this
issue. The Board recommended approval of the requested amendments subject to conditions.
(Board vote: 7 - 0, approved)
The Ordinance approving amendments to the Special Use Permit as recommended by the
Zoning Board of Appeals, including conditions of approval, is in the Council’s packet beginning
on page 42. The Zoning Board of Appeals’ report is also included in the Council packet for
additional background. A copy of the original SUP is available in the Community Development
Department.
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June 16, 2014 City Council Agenda
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinance approving amendments to the
Ragdale Special Use Permit in accordance with the Zoning Board of Appeals’
recommendations.
5. Consideration of Ordinances Approving Recommendations from the
Building Review Board. (First Reading and if Desired by the City Council,
Final Approval)
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendations from the Building Review Board are presented to the City
Council for consideration as part of the Omnibus Agenda.
1020 Walden Lane - The Building Review Board recommended approval of the demolition of
the existing residence and approval of a replacement residence. Testimony was presented by
two neighboring property owners on the fence proposed along the narrow streetscape and
the landscape plan. The Board encouraged the petitioner to give further consideration to
those issues and talk with the neighbors. (Board vote: 5-0, approved)
959 S. Waukegan Road - The Building Review Board recommended approval of an updated
overall signage plan for Lake Forest Bank and Trust recognizing that this building is now a multi-
tenant space and additional signage is necessary. There was no public testimony presented to
the Board. (Board vote: 6-0, approved)
1785 Broadland Lane - The Building Review Board recommended approval of a building scale
variance for additions to the rear of the house including a dormer, open porch and pergola.
The Conway Farms Homeowners’ Association submitted testimony in support of the project.
(Board vote: 6-0, approved)
The Ordinances approving the petitions as recommended by the Building Review Board, with
key exhibits attached, are included in the Council packet beginning on page 49. The
Ordinances and complete exhibits are available for review in the Community Development
Department.
COUNCIL ACTION: If determined to be appropriate by the City Council, waive first
reading and grant final approval of the Ordinances approving the petitions in
accordance with the Building Review Board’s recommendations.
COUNCIL ACTION: Approve the five (5) Omnibus items as presented.
6. ORDINANCES
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June 16, 2014 City Council Agenda
7. NEW BUSINESS 7:30p.m.
1. Discussion on Water Plant Operations and Request to Modify the Scope of
Services for the Water Plant Performance Study.
PRESENTED BY: MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS (810-3540)
PURPOSE AND ACTION REQUESTED: Staff is requesting City Council approval to modify the
scope of services for the water plant performance study. At the February 18, 2014 City
Council meeting, City Council approved a professional services agreement with Strand
Associates to perform a detailed study of the plant operation and provide assistance in
developing a ten year capital plan. The study was to be substantially completed by
September, 2014 and such findings were to be incorporated into the F.Y. 2016 capital
improvement budget.
In early May, 2014, staff received a letter from the plant’s filter vendor, AquaSource,
noting that the company had decided to no longer produce the filters used at Lake
Forest’s water plant (a copy of the letter is included on page 76 of this packet).
AquaSource noted that many new vendors are now producing cellulose acetate fibers
for membrane modules. In a proceeding phone conversation with staff, AquaSource
noted that although many cellulose acetate membrane fiber plants exist in the U.S., it
was considered “older” technology and their business model was to focus on retrofitting
existing membrane plants with a new generation of filters.
This notification caused staff and Strand Associates to pause and propose a revision to
their efforts on the water plant performance study.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
Finance Committee December 12, 2013 Approved the need
to have a study
completed
City Council February 18, 2014 Approved the
agreement that
included Scope of
service to perform the
study
BACKGROUND/DISCUSSION: The February 18, 2014 approved water plant performance
study for $94,900 included the following tasks:
• Provide specific procedures to optimize the entire membrane filter system
• Perform “performance tests” of the entire water plant to confirm the treatment
capacity of the existing AquaSource system
• Develop a prioritized maintenance plan
• Develop improvements to help meet future expectations (e.g. production
capacity vs. system demands/water sales).
• Address past concerns and issues with the water treatment plant
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June 16, 2014 City Council Agenda
• Identify other process improvements (e.g., ancillary systems to maintain the
membrane system performance)
The proposed revised study for $105,900 would include the following tasks:
• Summarize existing and future water system demands (included in the original task
order)
• Identify short term membrane system improvements using the existing AquaSource
modules
• Identify long term membrane system improvements through an evaluation of
available replacement membrane filtration technologies
• Identify non-membrane system needs within the water treatment plant
infrastructure
• Develop a 20 year capital needs plan and project phasing/sequencing to
maintain water treatment plant production for the City
BUDGET/FISCAL IMPACT: The Water Plant Performance Study is included in the F.Y. 2015
Capital Plan and was presented at the December 12, 2013 finance committee meeting.
Since certain work was performed prior to the beginning of F.Y. 2015, Generally
Accepted Accounting Principles (GAAP) requires that such work be paid with F.Y. 2014
funds. The remaining $85,900 will be paid from the F.Y. 2015 Capital Improvement Fund.
Strand Associates’ revised proposal for the amount of $105,900 is attached on page77.
FY2014 Funding
Source Fund Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
Water Fund CIP 508-0001 $53,000 $20,000 N
FY2015 Funding
Source Fund Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
Water Fund CIP 508-0001 $100,000 $85,900 Y
COUNCIL ACTION: Staff requests that City Council approve Strand Associate’s revised
scope of services for the water plant performance study in the amount of $105,900 as
noted in the above funding tables.
8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION 7:45p.m.
9. ADJOURNMENT 8:00p.m.
Office of the City Manager June 11, 2014
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June 16, 2014 City Council Agenda
The City of Lake Forest is subject to the requirements of the Americans with Disabilities
Act of 1990. Individuals with disabilities who plan to attend this meeting and who require
certain accommodations in order to allow them to observe and/or participate in this
meeting, or who have questions regarding the accessibility of the meeting or the
facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600
promptly to allow the City to make reasonable accommodations for those persons.
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RESOLUTION
WHEREAS, U.L. JERNIGAN has been a dedicated employee of The City of Lake Forest since
August 25, 1998; and
WHEREAS, U.L. JERNIGAN will honorably retire from the City on June 10, 2014; and
WHEREAS, U.L. JERNIGAN provided an invaluable service in helping ensure the safe
passage of our youngest, most vulnerable pedestrians, children walking between home and
school;
WHEREAS, U.L. JERNIGAN served with a dedication that discounts the rigors of harsh
weather, split shifts, and heavy traffic; and
WHEREAS, U.L. JERNIGAN reinforced in the minds of the young people he assisted the
importance of traffic-hazard identification and safe street-crossing behavior;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKE FOREST that the Council, on behalf of the administration and residents of the
community, hereby expresses its appreciation and gratitude to U.L. JERNIGAN for a public
service faithfully performed; and
BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy
of this resolution duly signed by the Mayor to U.L. JERNIGAN this 16TH day of June, 2014.
Mayor
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AMENDED AND RESTATED EMPLOYMENT AGREEMENT
THIS AGREEMENT, executed this 1st day of May, 2014 by and between the CITY OF LAKE
FOREST, A Municipal Corporation of Illinois (hereinafter called "CITY") and ROBERT R. KIELY, JR.
(hereinafter called "EMPLOYEE");
WHEREAS, the CITY has employed the services of ROBERT R. KIELY, JR. since November
19, 1990 as City Manager of the CITY and the EMPLOYEE desires to continue said employment, and
WHEREAS, the parties intend by this Agreement to set forth their entire understanding regarding
the employment of the EMPLOYEE as City Manager.
NOW, THEREFORE, in consideration of the promises and agreements hereinafter set forth, the
parties agree as follows:
1. EMPLOYMENT AND DUTIES
The City hereby agrees to employ ROBERT R. KIELY, JR. as City Manager. The
EMPLOYEE shall perform all duties of the City Manager as set forth in the CITY's
Charter, its Ordinances and the Statutes of the State of Illinois and such other duties and
functions as may be assigned to him by the Mayor and City Council from time to time.
2. TERM
The EMPLOYEE serves for an indefinite term at the pleasure of the Mayor and City
Council of the CITY. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the rights of the Mayor and City Council to terminate the employment of
the EMPLOYEE at any time with or without cause, subject only to the provisions set
forth herein.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
EMPLOYEE to resign at any time from his position as City Manager, subject only to the
provisions herein.
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3. TERMINATION AND SEVERANCE PAY
In the event EMPLOYEE shall be terminated by the Mayor and City Council, the CITY
shall give the EMPLOYEE ninety (90) days written notice of such termination. At the
end of the ninety (90) days:
(a) the CITY agrees to pay the EMPLOYEE a lump sum cash payment equal to nine
(9) months base salary; and
(b) for a period of nine (9) months following termination, the CITY agrees to pay all
premiums for insurance benefits for which the EMPLOYEE is entitled to receive
via continuation coverage under COBRA; provided that
(c) EMPLOYEE executes all waivers and releases that the CITY customarily
requires of employees upon separation of employment with the CITY, including
such waivers and releases of specific statutory rights after required waiting
periods.
No such lump sum cash payment or continued benefits as set forth above shall be due to
the EMPLOYEE if such termination is a result of a conviction of any felony or a
conviction of any crimes involving moral turpitude damaging the integrity of the CITY.
In the event the EMPLOYEE voluntarily resigns, then he must give the CITY a minimum
two (2) months advance notice in writing unless otherwise modified by the Mayor and
City Council.
In the event the CITY at any time reduces the salary or other financial benefits of
EMPLOYEE in a greater percentage than an applicable across-the-board reduction for all
employees of the CITY, or in the event the CITY refuses, following written notice, to
comply with any other material provision benefiting EMPLOYEE herein, or
EMPLOYEE resigns following a formal suggestion by the Board that he resign, then, in
that event, EMPLOYEE may, at his option, be deemed to be "terminated" at the date of
such reduction or such refusal to comply, or when EMPLOYEE resigns following a
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formal suggestion by the Board that he do so, and EMPLOYEE will be entitled to all
severance pay described above just as if he had been terminated by the CITY.
Upon any termination of EMPLOYEE (whether voluntary or involuntary), EMPLOYEE
shall be entitled to compensation for any accrued but unused vacation or leave time in the
manner required by law and as set forth in the CITY's then-applicable Personnel Policies
and Procedures.
4. DISABILITY
If the EMPLOYEE becomes disabled or is otherwise unable to perform his duties with
reasonable accommodation because of sickness, accident, injury, mental incapacity or
health for a period of four (4) successive weeks or for twenty (20) working days over a
thirty (30) working day period, following exhaustion of any accrued sick leave, the CITY
shall have the option to terminate this Agreement, subject to termination and severance
pay requirements. In addition, EMPLOYEE shall be compensated for any accrued and
unused vacation and other accrued benefits in the manner required by law and as set forth
in the CITY's then-applicable Personnel Policies and Procedures.
5. SALARY
The CITY agrees to pay EMPLOYEE for his services rendered pursuant hereto
an annual base salary One Hundred and Ninety-Six Thousand Five Hundred ($196,500).
payable in installments at the same time as other employees of the CITY are paid and
adjusted from time to time as the parties may agree.
6. PERFORMANCE EVALUATION
A. The Council shall review and evaluate the performance of the EMPLOYEE at
least once annually. This review and evaluation shall be in accordance with
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specific criteria developed jointly by the EMPLOYEE and the Council. The
criteria may be added to or deleted from as the Council may from time to time
determine, in consultation with the EMPLOYEE. Further, the Mayor shall
provide the EMPLOYEE with a written statement summary of the findings of the
Council and provide an adequate opportunity for the EMPLOYEE to discuss
his/her evaluation with the Council.
B. Annually, the Council and EMPLOYEE shall define such goals and performance
objectives which they determine necessary for the proper operation of the City
and in the attainment of the Council’s policy objectives, and shall further
establish a relative priority among those various goals and objectives, such goals
and objectives to be reduced to writing. They shall generally be attainable within
the time limitations as specified and the annual operating and capital budgets and
appropriations provided.
7. VACATION
The EMPLOYEE shall be entitled to the same vacation benefits during each calendar
year received by all CITY management employees from time to time.
8. DEFERRED COMPENSATION
The CITY agrees to execute all necessary agreements provided by the International City
Management Association Retirement Corporation (ICMA-RC) for the EMPLOYEE's
participation in a 457 or 401 plan and, in addition to the base salary paid by the CITY to
the EMPLOYEE, the CITY agrees to pay an amount equal to seventeen percent (17%) of
the EMPLOYEE's base salary into the ICMA-RC on EMPLOYEE's behalf, in equal
proportionate amounts each pay period The CITY agrees that, upon resignation or
termination of EMPLOYEE, EMPLOYEE shall be and remain fully vested in such plan
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and, to the extent permitted by the plan, the CITY agrees to transfer its interests in such
plan to EMPLOYEE's succeeding employer.
9. WAIVER
The CITY agrees to waive the EMPLOYEE's annual fees at the Deerpath Golf Course
and the EMPLOYEE’S and his family’s fees for any Lake Forest Recreation Department
programs or activities they may participate in.
10. MEDICAL AND DENTAL BENEFITS
The EMPLOYEE shall receive the standard medical and dental benefits received by all
CITY management employees from time to time.
11. LIFE INSURANCE
The EMPLOYEE shall receive the same life insurance as is provided to all CITY
management employees from time to time.
12. PROFESSIONAL DEVELOPMENT
In order to maintain the EMPLOYEE's professional standing and continued education,
the CITY agrees to pay the reasonable cost of the EMPLOYEE's dues in professional
associations and other reasonable expenses of professional development, and attendance
at state and national city management conferences.
13. OUTSIDE ACTIVITIES
The employment provided for by this Agreement shall be the Employee’s sole
employment. Recognizing that certain outside consulting or teaching opportunities
provide indirect benefits to the CITY and the community, the Employee may, subject to
the approval of the Mayor, accept limited teaching, consulting or other business
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opportunities with the understanding that such arrangements shall not interfere or conflict
with his responsibilities under this Agreement.
14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT
All provisions of the City Charter, the City Code and Regulations and Rules of the CITY
relating to vacation and sick leave, retirement and pension system contributions, holidays
and other fringe benefits and working conditions as they now exist or hereafter may be
amended shall also apply to the EMPLOYEE as they would to other employees of the
CITY except as specifically set forth herein. The parties acknowledge that the "Housing
Loan" previously provided to EMPLOYEE as part of this Agreement has been fully
satisfied, and, upon request of EMPLOYEE, the CITY agrees to execute and record an
appropriate release relating to such Housing Loan.
15. INDEMNIFICATION
The CITY shall defend, save harmless and indemnify EMPLOYEE against any tort,
professional liability claim or demand or other legal action, whether groundless or
otherwise, arising out of an alleged act or omission occurring in the performance of
EMPLOYEE’s duties as City Manager. The CITY will have the right to compromise and
settle any such claim or suit and thereupon pay the amount of any settlement or judgment
rendered thereon.
16. GENERAL PROVISIONS
This Agreement constitutes the entire Agreement between the parties and it shall be
binding upon and inure to the benefits of the heirs, executors, successors and assigns of
the parties. This Agreement may only be amended by written instrument executed by
both parties and each provision hereof shall be deemed severable. Neither party may
assign their rights or obligations under this Agreement without the express written
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consent of the other party. This agreement supersedes all prior agreements between the
parties regarding the matters herein set forth.
This Agreement shall be construed under the laws of the State of Illinois.
17. NOTICES
Any notice required under this Agreement shall be deemed given when deposited in the
United States Postal Service, postage prepaid, addressed as follows:
CITY: MAYOR, CITY OF LAKE FOREST
CITY HALL
LAKE FOREST, IL 60045
ROBERT R. KIELY, JR.: CITY MANAGER
CITY HALL
LAKE FOREST, IL 60045
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above
written.
MAYOR, THE CITY OF LAKE FOREST
ATTEST:
DEPUTY CITY CLERK
ROBERT R. KIELY, JR.
6/1/14
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The City of Lake Forest
CITY COUNCIL
Proceedings of the June 2, 2014
6:30 p.m. Special Start time
CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at
6:30 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Mayor Schoenheider, Alderman Waldeck, Alderman Beidler, Alderman Moore, Alderman
Pandaleon, Alderman Tack, Alderman Reisenberg, Alderman Adelman and Alderman Moreno.
Absent: None
Also present were: Bob Kiely, City Manager, Carina Walters, Assistant City Manager; Victor
Filippini, City Attorney; Susan Banks, Communications Manager; Catherine Czerniak, Director of
Community Development; Michael Thomas, Director of Public Works; Dan Martin, Superintendent
of Public Works; James Held, Chief of Police, Karl Walldorf, Deputy Chief of Police.
There were approximately 30 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
A. 2014-2015 New Board and Commission Appointments/Reappointments
Mayor Schoenheider made the following appointments and reappointments.
BUILDING REVIEW BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Bruce Grieve Appoint 3
GORTON
NAME OF MEMBER APPOINT/REAPPOINT WARD
Peter Cherry Reappoint 1
Al Lerner Reappoint 2
SENIOR RESOURCE COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Sally Kelly Appoint 4
Blanche Hall Appoint 3
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Proceedings of the June 2, 2014
Regular City Council Meeting
James Blanda Appoint LB
AUDIT COMMITTEE
NAME OF MEMBER APPOINT/REAPPOINT WARD
Lucinda Baier Appoint as Chairman 1
COUNCIL ACTION: Approve the Mayor’s Appointments
Alderman Waldeck made a motion to approve the Mayors Appointments, seconded by Alderman
Adelman. Motion carried unanimously by voice vote.
B. Announcement of City Council Committee Assignments
The Mayor announced the City Council Committee Assignments as listed below:
Finance Committee- George Pandaleon-Chairman and all Aldermen
Personnel, Compensation & Administration- Donald Schoenheider- Chairman, Alderman
Reisenberg and Alderman Moore.
Public Works Committee- Catherine Waldeck- Chairman, Alderman Tack and Alderman Moreno.
Property and Public Lands- Jack Reisenberg- Chairman, Alderman Adelman and Alderman
Pandaleon.
C. 2014 Appointments of the Lawrence R. Temple Distinguished Public Service
Award Committee
Mayor Schoenheider made the following appointments to the Public Service Award Committee
PUBLIC SERVICE AWARD COMMITTEE
NAME OF MEMBER APPOINT
Jack Preschlack Appoint for 2 Year Term
Scott Helton Appoint for 2 Year Term
Gail Hodges Appoint for 1 year Term
TBD Appoint for 1 year Term
COUNCIL ACTION: Approval of the Mayors Appointments
Alderman Waldeck made a motion to approve the Mayors Appointments, seconded by Alderman
Adelman. Motion carried unanimously by voice vote
D. Proclamation for Wenban Funeral Home 125th Anniversary
Mayor Schoenheider read the Proclamation and presented to James Iacubino of Wenban Funeral
Home. Mr. Iacubino offered his thanks to the City Council and to the Community.
E. Legal Services Engagement Agreement
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Proceedings of the June 2, 2014
Regular City Council Meeting
The City of Lake Forest entered into an engagement agreement with Filippini Law Firm as the
City’s Attorney.
Alderman Waldeck made a motion to approve the Agreement, seconded by Alderman Beidler.
Motion carried unanimously by voice vote.
COMMENTS BY CITY MANAGER
A. Community Spotlight-
Lake Forest Lake Bluff Historical Society
Janice Hack, Executive Director
Ms. Hack gave an overview of the Historical Society’s services and research provided to The City of
Lake Forest. She added that the newest exhibit, “West Side Stories”, will be traveling throughout
the community and panels will be on display at Everett School, Northwestern Lake Forest Hospital,
and the West Lake Forest Metra Station.
She invited the public to attend “A Mother’s Wish: Bring our Fallen Home- a Demonstration of
Civil War Field Embalming and Victorian Mourning Practices” at the Lake Forest High School on
Thursday, June 12. She reported that this event is made possible by a grant from the Illinois
Humanities Council.
Ms. Hack reported that in the fall there will be a Cemetery Tour followed by a reception in a
Victorian home to continue the celebration of Wenban Funeral Home’s 125th Anniversary. She
added most events are sold out and residents should check out the website for events.
Mayor Schoenheider also thanked the Historical Society for their previous “traveling” exhibit;
“Golf in Lake Forest”.
City Manager Robert Kiely addressed the City Council regarding items that they may see on the
Omnibus agenda that ask the City Council to waive the bidding process. He added that each
situation is different and City Staff is required to adhere to the purchase policy procedures. As an
example, the LIVESCAN fingerprint machine is required by the State of Illinois which is the reason
there is a bid presented by a sole source vendor.
COMMENTS BY COUNCIL MEMBERS
Alderman Adelman gave kudos to Michael Thomas, Director of Public Works for the great job in
under 30 days on the roads. He also offered his opinion on parking at the lot on Western Ave., and
said that future parking considerations in the community should be on a diagonal.
A. Resolution of Sympathy for Leslie Chapman, member of the Housing Trust Fund
Board
Mayor Schoenheider read the Resolution.
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Proceedings of the June 2, 2014
Regular City Council Meeting
COUNCIL ACTION: Approve the Resolution
Alderman Reisenberg made a motion to approve the Agreement, seconded by Alderman Beidler.
Motion carried unanimously by voice vote.
B. The Housing Trust Fund Board Update
Alderman David Moore
Alderman Moore gave a review of the Housing Trust Fund Boards work in conjunction with
Community Partners for Affordable Housing (CPAH). He said that the use of combination funding
allows for the acquisition and rehabilitation of houses in the Community. In turn, those houses are
offered to income qualified purchasers.
C. Consideration of a Recommendation from the Housing Trust Fund Board in
Support of a Continued Partnership with Community Partners for Affordable
Housing and Extension of the Agreement. (Consideration of a Motion)
Alderman Moore reported that the City’s Housing Trust Fund Board voted unanimously to
recommend to the City Council that the City’s agreement with Community Partners for Affordable
Housing (CPAH) be extended authorizing expenditures of up to $250,000 over the current fiscal
year from the Housing Trust Fund. These funds are used, in combination with outside funding and
staff support from CPAH, to acquire and rehabilitate houses in the community. The houses are
offered for sale to income qualified purchasers. However, the land remains in the ownership of
CPAH.
He added that the City Council partnered with CPAH to support and promote the use of existing
homes in the community to meet the housing needs of seniors, local employees, families in
transition and young individuals or couples with family ties to the community. In addition, this
program has resulted in improvement of properties that have suffered from neglect.
Alderman Moore said that four single family homes have been purchased through this program
and are located in various parts of the community. All of the purchasers to date have strong ties to
the local community. He said that the extension of the agreement will allow additional purchases
and improvements of single family homes as opportunities became available.
Mayor Schoenheider asked if there were any comments from the Public. Seeing none, he asked
for a motion.
COUNCIL ACTION: If desired by the City Council, approve a motion directing the City Manager
to update and extend the agreement with Community Partners for Affordable Housing to
authorize the purchase and improvement of existing single family homes in Lake Forest, as they
become available, at an amount not to exceed $250,000 in fiscal year 2015.
Alderman Adelman made a motion directing the City Manager to update and extend the
agreement with Community Partners for Affordable Housing to authorize the purchase and
improvement of existing single family homes in Lake Forest, as they become available, at an
amount not to exceed $250,000 in fiscal year 2015, seconded by Alderman Waldeck. The following
24
Proceedings of the June 2, 2014
Regular City Council Meeting
voted “Yea”: Aldermen Waldeck, Beidler, Moore, Pandaleon, Tack, Reisenberg, Adelman and
Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
None
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the May 19, 2014 City Council meeting Minutes
2. Approval of the Check Register for Period April 26- May 23, 2014
3. Approval of the Amended Meeting Schedule for the City Council and Finance
Committee
4. Consideration and Approval of the Prevailing Wages Resolution
5. Request to Increase the Lake Forest Share of the 2014 Joint Annual Pavement
Patching Contractual Program
6. Award Contract for Fitness Center Weight Equipment Purchase as Included in
the FY15 Capital Plan
7. Consideration of an Ordinance Approving a Recommendation from the Zoning
Board of Appeals. (First Reading, and if Desired by the City Council, Final
Approval)
8. Consideration of Ordinances Approving Recommendations from the Building
Review Board. (First Reading and if Desired by the City Council, Final Approval)
9. Consideration of an Ordinance Approving a Recommendation from the Historic
Preservation Commission. (First Reading and if Desired by the City Council, Final
Approval)
10. Request for the City Council to Waive the Bidding Process to purchase a
replacement of TouchPrintTM 5900 Live Scan booking station, an electronic
fingerprinting device certified to connect with the Illinois State Police and
National Crime Information Center (FBI) databases.
Alderman Moore offered his opinion in relation to The City of Lake Forest’s Purchase and Policy
Procedures. He also cautioned against using/purchasing sole source items/vendors, and setting
the specifications so narrow that the City Council loses control of the bidding process.
Alderman Reisenberg asked if the check register needs to be on the City Council agenda. City
Attorney Victor Filippini advised that City Council is required to do so under State Statute.
25
Proceedings of the June 2, 2014
Regular City Council Meeting
COUNCIL ACTION: Approve the Ten (10) Omnibus items as presented.
Alderman Adelman made a motion approving the Omnibus items with the notation of a
scrivener’s error in the minutes, seconded by Alderman Waldeck. The following voted “Yea”:
Aldermen Waldeck, Beidler, Moore, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The
following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
Information such as Purpose and Action Requested, Background/Discussion, Budget/Fiscal Impact,
Recommended Action and a Staff Contact as it relates to the Omnibus items can be found on the agenda.
ORDINANCES
None.
NEW BUSINESS
1. Approval of Market Square 2000 Endowment Fund
Mayor Schoenheider opened a Public Hearing. Superintendent of Parks & Forestry Chuck Myers
reported that the City is requesting $25,000 from the Market Square 2000 Endowment to be set
aside to cover costs associated with Market Square, including but not limited to, plant
replacement and labor, irrigation repair, and hardscape maintenance and repair.
Mr. Myers explained that the agreement requires that The City establish a list of individuals
interested in the continued high quality maintenance of the Square. Those individuals have been
sent letters and are in agreement to remove and replace the Boxwoods on Market Square. He
added time is of the essence on planting these with the expectation that they establish for next
year.
Mayor Schoenheider asked if there were any persons wanting to comment. Seeing none, he
closed the Public Hearing.
COUNCIL ACTION: Approval of expenditures against the Market Square 2000 Endowment Fund
in the amount of $25,000.
Alderman Beidler made a motion approving expenditures against the Market Square 2000
Endowment Fund in the amount of $25,000, seconded by Alderman Adelman. The following voted
“Yea”: Aldermen Waldeck, Beidler, Moore, Pandaleon, Tack, Reisenberg, Adelman and Moreno.
The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
Alderman Tack asked for an update on the Rt.60 median plantings. Mr. Myers reported that most
of the perennial plantings survived the winter and that most are perennials and that there are a
few trees that were killed by one of the worst winters in recent past.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
26
Proceedings of the June 2, 2014
Regular City Council Meeting
None
ADJOURNMENT
There being no further business. Alderman Tack made a motion to adjourn, seconded by
Alderman Reisenberg. Motion carried unanimously by voice vote at 7:30 p.m.
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
A video of the City Council meeting is available for viewing at the Lake Forest Library and on file in
the Clerk’s office at City Hall. You can also view it on the website by
visiting www.cityoflakeforest.com. Click on I Want To, then click on View, then choose Archived
Meetings Videos.
27
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5,900
6,000
6,100
6,200
6,300
6,400
6,500
-
2,000
4,000
6,000
8,000
10,000
12,000
NUMBER OF HOUSEHOLDS NUMBER OF TONS REFUSE/RECYCLING TONNAGE VS. NUMBER OF HOUSEHOLDS
Refuse Recycling Households
29
30
31
1 - Confidential
LANDFILL DISPOSAL SERVICE AGREEMENT
This Landfill Disposal Service Agreement entered into as of this 17th day of
June , 2014, by and between:
1. City of Lake Forest
a corporation limited liability company (check one) established under the laws of the State of , with an office at
(“Customer”), and
2. Advanced Disposal Services, Zion Landfill, Inc
(name of landfill entity), a corporation limited liability company (check one) established under the laws of the State of Illinois, with an office at
701 Green Bay Rd. Zion IL, 60099
(“Advanced Disposal”), in connection with the disposal of Waste Material (as defined
below) at Advanced Disposal’s landfill located at 701 Green Bay Rd. Zion, IL 60099
(the “Landfill”). The term “Affiliates” means any corporation, partnership or other entity that directly or indirectly controls or is controlled by, or is under common control
with Advanced Disposal.
ARTICLE 1. DESIGNATED WASTES. Customer represents and warrants that the waste material to be disposed of pursuant to this Agreement is either “solid waste”, as
defined by applicable federal or state laws and regulations (“Solid Waste”), or special or industrial waste that Advanced Disposal has agreed to accept for disposal subject to a
current Advanced Disposal-approved Profile Identification Sheet (“Special Waste” and, together with Solid Waste, hereinafter the “Waste Material”). Specifically excluded
from the definition of Waste Material are any special or industrial wastes tendered without a current Advanced Disposal-approved Profile Identification Sheet and any listed or
regulated hazardous waste as defined by applicable federal or state laws and regulations (together, “Excluded Waste”). During the term of this Agreement, subject to availability
of airspace and any limitations imposed by applicable law, regulation, permit or otherwise, Advanced Disposal shall receive and dispose of Customer’s Waste Material
delivered to the Landfill.
Customer shall be responsible for any labeling, placarding, marking, manifesting or other such documentation required by applicable federal or state laws and regulations
with respect to all Special Waste. In addition Customer shall provide Advanced Disposal with (a) an analytical report representative of any Special Waste to be disposed and
(b) a detailed written physical and chemical description of such Special Waste, including a listing of unique chemical characteristics and safety procedures, if any, that are of
significance in the handling of such Waste Material (the “Profile Identification Sheet”). Customer shall be under a continuing obligation to update the Profile Identification
Sheet with respect to any known, suspected, or planned changes in composition of Special Waste. Customer warrants that all Special Waste identified in a Advanced Disposal-
approved Profile Identification Sheet shall conform to the description set forth therein and that no Excluded Waste shall be delivered to Landfill by Customer.
ARTICLE 2. TITLE. Title to Waste Material delivered by Customer shall transfer to Advanced Disposal at the time it is fully unloaded at the working face of the Landfill and
Customer’s vehicle has departed the Landfill. Until such time as title has transferred to Advanced Disposal title to Waste Material shall be in, and all risks and responsibilities
therefore shall be borne by, Customer. In the event Advanced Disposal, Affiliates or their contractors, provides transportation to the Landfill, title to Waste Material will transfer
to Advanced Disposal when the vehicle has departed Customer’s premises. At all times, title to Excluded Waste shall remain with Customer.
ARTICLE 3. COMPLIANCE WITH LAWS. The parties agree to comply with all applicable local, state and federal laws pertaining to the delivery and disposal of the Waste
Materials. Customer shall further comply with any Operating Rules governing Landfill operations.
ARTICLE 4. DISPOSAL RATES. The rates for disposal of Waste Material are set forth on Exhibit “A”. The parties shall amend or supplement Exhibit A to include other
projects identified for service and applicable rates. Upon written agreement by the parties, these ancillary documents will be incorporated and become part of this Agreement.
Advanced Disposal, in its sole discretion, may adjust the rates from time to time based on increased costs resulting from: (i) changes in law, ordinances, regulation, changes in
governmental fees and surcharges (including interpretation or enforcement thereof); (ii) orders, judgments or directives of any court or governmental body; (iii) revocation,
suspension, denial or modification of any permit, license or approval regarding use, operation or closure of the disposal site; and (iv) other contingencies beyond Advanced
Disposal’s reasonable control. Advanced Disposal may adjust the rates upon thirty (30) days notice to Customer.
ARTICLE 5. TERM. The term of this Agreement shall be for a period of Three (3 ) year(s) from the date hereof, unless earlier terminated as provided herein. This Agreement
shall automatically renew for like terms unless one party notifies the other in writing at least sixty (60) days prior to the end of the then current term.
ARTICLE 6. CHARGES AND PAYMENT. Customer shall pay Advanced Disposal within thirty (30) days from the date of the invoice from Advanced Disposal. In
the event payment is not timely received, a service charge of 1.5%, or the maximum percentage allowed by law per month, will be applied on past due balances until
paid. Customer shall be liable for all applicable taxes, fees or other charges imposed upon the disposal of Customer's Waste Material. Customer shall pay all reasonable
fees and costs (including collection agency and attorney's fees) incurred by Advanced Disposal in enforcing this Agreement. Advanced Disposal may suspend service if
payment is late or for any other breach by Customer, without prejudice to any of Advanced Disposal’s other rights, which suspension shall not constitute termination of
this Agreement, unless Advanced Disposal so elects.
ARTICLE 7. INSPECTION AND SAFETY. Customer represents and warrants that it: a) has inspected or will inspect the Waste Material prior to transport to the
Landfill; b) has obtained or will obtain information concerning the operation of the Landfill for receiving, transporting, handling and disposing of all Waste Material
and other rules or conditions that may affect its activities at the Landfill; c) shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with its activities at the Landfill; and d) shall take all necessary safety precautions and provide all necessary protections to prevent damage,
injury or loss to people and property while at the Landfill.
ARTICLE 8. OPERATING RULES. Advanced Disposal may implement and enforce reasonable rules and regulations concerning the Landfill, for the safe, legal and
efficient operation of the Landfill. Customer agrees to conform to all such rules and regulations as they may be implemented and amended from time to time.
Advanced Disposal may refuse disposal of any waste which does not conform to Waste Material even if only a part of the waste load is nonconforming (“Nonconforming
Waste”). Customer shall inspect all waste at the place of collection and shall remove any Nonconforming Waste before transporting it to the Landfill. Advanced Disposal may
inspect all loads of Waste Material in order to confirm that it conforms to Waste Material. The parties agree however, that the failure of Advanced Disposal to perform any such
inspections shall in no way relieve Customer of its obligations to deliver only Waste Material. Customer shall be responsible for, and shall bear all expenses incurred as a result
of reloading, removal, decontamination, remediation, testing and returning Excluded Material or other Nonconforming Waste and any other material contaminated therewith,
from any landfill utilized by Advanced Disposal, the Customer’s property or Advanced Disposal’s (or its contractor’s) vehicles or equipment.
All Waste Material shall be weighed or its volume determined at the Landfill by Advanced Disposal and such weight or measurement shall be conclusive on the parties. All
vehicles shall be weighed before entry to the Landfill and again after disposal or unloading prior to leaving the site, by Advanced Disposal’s agents or employees on the scales
designated by Advanced Disposal for the purpose of measuring and rating. Customer’s drivers shall sign load tickets for each load delivered to the site after the load has been
weighed and the ticket completed by Advanced Disposal. Upon completion, the original load ticket will be given to Customer’s drivers prior to their departure from the
Landfill. A duplicate original of said ticket shall be retained for billing purposes by Advanced Disposal to calculate the amount of waste disposed of by Customer at the
Landfill.
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2 - Confidential
In the event Customer’s vehicle becomes incapacitated or unable to move while at Advanced Disposal’s facility, or if Waste Material is frozen or otherwise unable to easily
be removed from Customer’s vehicle, Advanced Disposal may, but is not obligated to, provide assistance in moving or unloading the vehicle. Customer’s driver or agent shall
make any necessary connections to Customer’s vehicle and Customer expressly agrees that Advanced Disposal, its employees and agents shall have no liability for any damage
while providing such assistance. Advanced Disposal may charge and Customer shall pay a reasonable fee for providing such assistance.
Except in strict accordance hereto, this Agreement grants no rights to dispose of Waste Material. Advanced Disposal may immediately terminate Customer’s access to the
Landfill in the event of Customer’s breach of this Agreement, Advanced Disposal’s Operating Rules, or applicable law.
ARTICLE 9. PERFORMANCE AND PAYMENT BOND.
If checked, prior to commencing disposal, Customer shall furnish and keep in effect, at Customer’s sole expense, a performance and payment bond, underwritten
by a corporate surety satisfactory to Advanced Disposal, in the amount of 100% of the anticipated annual fees to Advanced Disposal as security for the faithful
performance of this Agreement and for the payment of all persons, firms or corporations to whom Customer may become legally indebted for labor, materials, tools,
equipment or services of any nature employed or used by Customer (the “Bond”). The Bond shall contain all applicable statutory language and shall meet all applicable
statutory requirements to protect Advanced Disposal’s property from any lien, claim or suit resulting from Customer’s failure to make payments required of Customer
to third parties. The Bond shall remain in effect until one year after receipt of final payment.
ARTICLE 10. INDEMNITY AND INSURANCE. Advanced Disposal shall defend, hold harmless and indemnify Customer, its officers, members, directors, agents
and employees, from and against any liabilities, costs, expenses (including reasonable attorney's fees and expenses of investigation), claims and damages which
Customer may at any time suffer or sustain or become liable for by reason of any accidents, damages or injuries (including injuries resulting in death) either to the
persons or property or both, to the extent caused by Advanced Disposal’s breach of this Agreement or negligence or willful misconduct.
Customer shall defend, hold harmless and indemnify Advanced Disposal, its Affiliates, and their respective officers, members, directors, agents and employees, from
and against all liabilities, costs, expenses (including reasonable attorney's fees and expenses of investigation), claims and damages which Advanced Disposal may at
any time suffer or sustain or become liable for by reason of any accidents, damages or injuries (including injuries resulting in death) either to the persons or property or
both, of Customer, Advanced Disposal or any third party, to the extent caused by or resulting from Customer's breach of this Agreement or Customer’s negligence or
willful misconduct.
During the term of this Agreement, Customer or any of its subcontractors who haul waste material to the landfill, shall maintain in full force and effect Employer's
Liability, Worker's Compensation, and Property Damage, including contractual liability coverage for the above hold harmless provisions, and other additional insurance
as may be required by Advanced Disposal. All such policies shall be endorsed to name Advanced Disposal, and its Affiliates, as additional insureds and such insurance
shall be by insurers acceptable to Advanced Disposal. Prior to commencing disposal hereunder and on an annual renewal basis Customer shall furnish Advanced
Disposal with certificates of insurance evidencing that such insurance has been procured and is in force. The certificate of insurance shall show the levels and types of
insurance required herein, including any and all limitations, exclusions and restrictions and further provide that in the event of cancellation or material change
Advanced Disposal shall be given thirty (30) days prior written notice.
Customer shall carry the following types of insurance in at least the following limits (which may be a combination of primary and excess coverage):
COVERAGES LIMITS OF LIABILITY
Worker's Compensation: Statutory
Employer's Liability: $1,000,000 each Occurrence
General Liability: $2,000,000 each Occurrence
(including Bodily Injury, Property Damage and Contractual Liability)
Automobile Liability: $2,000,000 each Occurrence
(including Bodily Injury and Property Damage)
Environmental Liability: $2,000,000 each Occurrence
ARTICLE 11. DISPUTE RESOLUTION. The parties agree to participate in good faith to resolve any dispute, claim or controversy (“Disputes”) arising out of or
relating to this Agreement. If the Dispute is not resolved by negotiation within a reasonably short time period, the matter will be submitted to the American Arbitration
Association (“AAA”), or its successor, for mediation. The parties agree to participate in mediation in good faith, and shall share equally in its costs. If the Dispute is not
resolved through mediation, the parties agree that it shall be submitted to AAA, or its successor, for final and binding arbitration. The arbitration shall be administered
by AAA pursuant to its Comprehensive Arbitration Rules and Procedures and shall apply the Rules of Commercial Arbitration. The party that does not prevail shall pay
all costs of arbitration.
ARTICLE 12. EXCLUSIVITY. Customer agrees that during the term of this Agreement Advanced Disposal shall have the exclusive right to dispose of Waste
Material excluding Asbestos Containing Material generated, collected or transported by Customer.
ARTICLE 13. CONFIDENTIALITY AND NONDISCLOSURE. Both parties shall treat as confidential and not disclose to others, except as necessary to perform this
Agreement, any information (including technical information, experience or data) regarding pricing, a party’s programs, processes, product, costs, equipment, operations, waste,
equipment, or other customers which may come within the non-disclosing party’s knowledge pursuant to this Agreement (which is not generally known to the public), without
in each instance securing the prior written consent of the disclosing party. The disclosing party shall be entitled to injunctive relief and damages for any such breach.
ARTICLE 14. TERMINATION. Either party may immediately terminate this Agreement upon written notice for material breach by the other party, provided the
notifying party has first provided the other party written notice reasonably specifying the default and at least fifteen (15) days to cure such default and further provided
that failure to pay fees when due shall not be subject to cure rights. The terms of this Agreement with respect to Customer’s warranties and representations, Designated
Wastes, Indemnity and Insurance and Confidentiality and Non-Disclosure shall survive any termination hereof.
ARTICLE 15. FORCE MAJEURE. Except for the payment of services rendered, to the extent that either party is precluded from performing its obligations hereunder as the
result of Acts of God, authority of laws, strikes, lockouts, labor disputes, riots, revocation, suspension, denial or modification of any permit, license or approval regarding use,
operation or closure of the landfill utilized by Advanced Disposal for disposal of Waste Material hereunder, or other causes beyond its reasonable control, such non-performing
party shall be excused to the extent that its performance continues to be precluded by such causes.
ARTICLE 16. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the state in which the Landfill is located. This
Agreement may not be modified unless in writing, and signed by all parties hereto. Any invalid provision of this Agreement shall be deemed stricken and shall not invalidate or
render unenforceable this Agreement or any other provision. This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the
contract of the parties and each of which shall be deemed an original. The execution of this Agreement and delivery thereof by facsimile shall be sufficient for all
purposes and shall be binding upon any party who so executes. This Agreement may be assigned by a party with the prior written consent of the non-assigning party, which
consent shall not be unreasonably withheld. Consent shall not be required in the event of an assignment by operation of law. Failure to exercise any rights and/or remedies
hereunder upon the non-performance and/or the defective performance of any term, condition, covenant, or agreement herein contained shall not be construed as a
waiver of said rights and/or remedies. Nor shall any prior waiver or acceptance be construed as a future waiver of any future right and/or remedy. Each party hereby
waives its right to a trial by jury with respect to any litigation resulting from a breach or enforcement hereof. There are no third party beneficiaries of this Agreement. Except
with respect to the Indemnification obligation under Section 10, the parties shall not be liable for any indirect, incidental, special, punitive or consequential damages. Except
with respect to the Indemnification obligations under Section 10, a party’s aggregate liability, if any, arising out of this Agreement shall not exceed the three times (3x) the
aggregate fees paid to Advanced Disposal by Customer, regardless of whether recovery is sought in contract, common law, tort, statute or otherwise. This Agreement together
with the documents referred to herein, sets forth the entire agreement of the parties. As to conflicts between the terms hereof which are printed and those which are typed or
written, the typed or written language shall govern. As to conflicts between this Agreement and the preprinted terms of Customer’s agreement, if any, to which this Agreement
may be attached or incorporated, the terms of this Agreement shall control.
33
3 - Confidential
WHEREAS, the parties hereto have executed this Agreement as of the date first set forth above.
("Customer")
By:
Name:
Title:
Advanced Disposal Zion Landfill, Inc. (“Advanced Disposal")
By:
Name: James A. Lewis
Title: General Manager
34
1 - Confidential
EXHIBIT “A”
TO
LANDFILL DISPOSAL SERVICE AGREEMENT
Municipal Solid Waste (MSW)
Waste
Type
Disposal Site
Rate Estimated
Volume
MSW ADS Zion
Landfill___________
$__41_/ton
7,000 tons/yr.
Additional Comments: In addition to the rate above, an environmental fee fixed at 10% and a fluctuating energy surcharge will be
added to the rate above. All other governmental fees and taxes are included. Any new taxes and or fees imposed by any governmental
body will be passed on to Customer. The base rate of $41/ton will be increased by $1/ton on each anniversary date.
35
MUNICIPAL SOLUTIONS
Community and environmental
stewardship at its best.
Solicitation For Solid Waste Disposal Services.
Prepared for: City of Lake Forest 5/29/2014
Prepared by: Victoria Poss
312-802-4613
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May 29, 2014
Michael Thomas
Director of Public Works
City of Lake Forest
800 North Field Drive
Lake Forest, IL 60045
Dear Mr. Thomas,
Waste Management has analyzed The City of Lake Forest’s “Request for Quote” for Solid Waste
Disposal Services.
Enclosed you will find the Waste Management response to the “Request for Quote”
demonstrating our financial and technical ability to provide the City of Lake Forest with an EPA
and Illinois licensed facility to take their refuse. Waste Management has a general
understanding of your intentions and we believe that we are uniquely qualified to fulfill the City of
Lake Forest’s goals. We also understand that we will need to comply with all codes, ordinances,
rules, statutes, laws and regulations of the State of Illinois, and the City of Lake Forest.
I am authorized to negotiate and sign this contract. Mike Hey located at Waste Management can
answer additional questions regarding Waste Management’s submittal. Mike Hey can be
reached by phone at (847) 456-9745
We feel our quote submittal is responsive. Please be assured that we will gladly and promptly
respond to any questions or concerns that may arise during your review of our submittal. Waste
Management is committed to providing the highest level of service in our industry.
Sincerely,
Victoria Poss
Industrial Account Manager
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WASTE MANAGEMENT
OVERVIEW
Waste Management, Inc. is the leading provider of comprehensive environmental services in
North America. The company is strongly committed to a foundation of financial strength,
operating excellence and superior customer service.
Waste Management tailors its service to meet the needs of each customer group and to ensure
consistent, superior service at the local level. Headquartered in Houston, the company’s
network of operations includes 431 collection operations, 381 transfer stations, 286 active
landfill disposal sites, 17 waste-to-energy plants, 119 recycling plants and 90 beneficial-use
landfill gas projects.
.
CERCLA INDEMNIFICATION
A thorough examination of any indemnification offering requires two elements to truly protect the
interests of the residents of the City of Lake Forest. The first element is the integrity of the final
disposal site and its compliance with environmental regulations to protect its customers. The
second element is the assets brought to the offering by the indemnification provider.
Our environment is one of the most important issues we face today. Environmental
responsibility is an integral part of our business and making that philosophy a reality is the
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4
essence of everything we do at Waste Management. Our goal is to help municipalities
successfully address the complex environmental issues facing their community. Our capabilities
ensure that Waste Management can help our customers meet the highest environmental
standards and protect themselves at the same time. Our indemnification offer simply has no
equal in our industry!
EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION
Waste Management fully complies in all respects with the Equal Employment Opportunity Act
and we do have an Affirmative Action Program in place. Waste Management will file a “Fair
Employment Practices Affidavit” that is satisfactory to the City of Lake Forest.
SUMMARY
Waste Management would like to take this opportunity to thank the City of Lake Forest for
allowing us to participate in this quote process. The residents of Lake Forest deserve a first
class solid waste facility. Our superior pricing, high quality services will help the City of Lake
Forest achieve their environmental goals.
The most important aspect is the fact that Waste Management is a known entity. We have been
honored by the trust that so many communities across the county have placed in us as we look
forward to continuing to serve their needs in the future. There is a difference between the
companies in this industry as some municipalities have found. We are confident that you will
factor our record in the marketplace into your deliberations of this matter.
39
5
We appreciate your review of our submission and we look forward to clarifying any aspect of our
quote submittal that stimulates questions.
Please call me at (312) 802-4613.
40
6
Municipal Solid Waste
Contract Price
Zion Landfill at 701 Greenbay Rd, Zion, IL is approximately 13.2 miles round trip further
in distance to Grayslake Landfill at 31725 N Rt 83, Grayslake, IL 60030. With diesel at
$3.50/gallon we are estimating that it is about $1.32 per ton more to travel that distance
vs going to our Landfill in Grayslake, IL.
Contract Term-24 months: Pricing includes all fees and there is no
minimum tonnage.
Fifty-three Dollars and Zero Cents, ($53.00) per ton during the calendar
year from July 1, 2014 through May 31, 2015
Fifty-four Dollars and Fifty-nine Cents, ($54.59) per ton from July 1, 2015
through May 31, 2016
Option for an additional year:
Fifty-six Dollars and Twenty-three Cents, ($56.23) per ton from July 1,
2016 through May 31, 2017.
Pricing for the City of Lake Forest will remain in force for the life of the
contract.
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AQUASOURCE20 AV. DIDIER DAURAT - BP 6405031029 TOULOUSE CEDEX 4 - FRANCETEL +33 (0) 5 61 36 30 36 | FAX +33 (0) 5 61 36 30 60The City of Lake ForestMr Mickael THOMAS800 North Field Drive60045 LAKE FOREST, ILLINOISU.S.A.Toulouse, April 28th 2014Subject: Stopping production of INEAT AC1125 & replacement by dizzer* XL 0.9 MB 60 WLetter with advice of receiptDear Mr Thomas,The Lake Forest drinking water production plant is currently equipped with Aquasourceultrafiltration modules in cellulose acetate, reference INEAT AC1125.We wish to inform you that as a result of our constant drive to improve our products andservices, we are now developing the membranes in polyethersulfone. Consequently, theINEAT AC1125 modules of 450 mm diameter will be replaced by dizzer" XL 0.9 MB 60 Wmodules in polyethersulfone of 250 mm diameter.The dizzer8 XL 0.9 MB 60 W modules are certified NSF and their performances affordingbetter mechanical and chemical resistance than the INEAT modules.We hereby give our commitment to replace INEAT AC1125 modules with dizzer* XL 0.9 MB60 W modules at no extra cost the next time your modules need to be renewed.The sale of INEAT AC1125 is ended, but we will continue after-sales service for individualINEAT AC1125 modules, where necessary, beyond this date.As part of our service to optimize the utilization of your ultrafiltration system, we are at yourconveniences for working on renewing your plant with dizzer* modules.For any questions, please contact us by phone on +335 61 36 04 36 or by e-mail tohotline@>aquasource.frWe thank you for the confidence you place in us.Yours sincerely,Marc MesserliManaging DirectorWWW.DEGREMONT-TECHNOLOGIES.COM HEADWORKS | BIOLOGICAL SEPARATIONS | MEMBRANES OXIDATION-DISINFECTION BIOSOLIDS INDUSTRIAL SYSTEMSSASUAU CAPITAL DE 800 000 EUROS-SIRET 381 S57 321 00035 - RCSTOULOUSE B 381 321 -APE2829B -TVA FR013815573 31000 3576
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