CITY COUNCIL 2015/05/18 Agenda
THE CITY OF LAKE FOREST
CITY COUNCIL AGENDA
May 18, 2016
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
Timothy Newman, 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.
REPORTS OF CITY OFFICERS
1. COMMENTS BY MAYOR
A. Resolution of Sympathy for employee Robert Wilkins
A copy of the Resolution can be found on page 12
COUNCIL ACTION: Approve the Resolution
B. Swear in Police Officer Philip Gualdoni
C. Lake Forest Day Proclamation- “McKinlock American Legion Post 264
Salutes Gorton Community Center”
A copy of the Proclamation can be found on page 13
D. Proclamation of Historic Preservation Month presentation to the Lake Forest
Preservation Foundation
A copy of the Proclamation can be found on page 14
2. COMMENTS BY CITY MANAGER
A. Community Spotlight
Lake Forest Preservation Foundation
-Arthur Miller, President Lake Forest Preservation Foundation
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May 18, 2015 City Council Agenda
3. COMMENTS BY COUNCIL MEMBERS
SUMMARY OF COMMUNITY ENGAGEMENT MEETING
Discussion of the City's Review Process
-Jack Reisenberg, Alderman, Third Ward
A copy of the summary can be found on page 16
4. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA
ITEMS
5. ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the May 4, 2015 City Council meeting Minutes first and second
session
A copy of the minutes begins on page 18.
2. Approval of a Resolution of Appreciation for the CROYA 2014-2015
Executive Committee
A copy of the Resolutions can be found beginning on page 33
COUNCIL ACTION: Approve the Resolutions
3. Approval of The Intergovernmental Mutual Fire Protection Agreement with
the Libertyville Fire Department for reciprocal services for Fire and
Emergency Medical Calls
STAFF CONTACT: Jeffery Howell, Fire Chief (810-3864)
PURPOSE AND ACTION REQUESTED: Staff requests approval for the renewal of a
longstanding Intergovernmental Fire Protection Agreement that has been reviewed and
updated since the last agreement was adopted in 2002.
BACKGROUND/DISCUSSION: The City of Lake Forest is currently operating under an
Intergovernmental agreement with all fire departments that are contiguous to its borders.
These agreements allow for reciprocation of fire and EMS services between the agencies.
The agreement can be adjusted annually based on needs for the respective
communities via a memorandum of understanding between the fire chiefs. The
Intergovernmental Mutual Fire Protection Agreement allows for agencies to assist each
other with no charges for the service
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May 18, 2015 City Council Agenda
BUDGET/FISCAL IMPACT: The Libertyville Fire Department and the Lake Forest Fire
Department will provide service when needed on a reciprocating basis with no budget
or fiscal impact based on the agreement. A copy of the agreement can be found on
page 58.
COUNCIL ACTION: Approv e the Intergovernmental Mutual Fire Protection Agreement
between the City of Lake Forest and the Village of Libertyville.
4. Request to award a one-year contract to grant consulting firm
Administrative Consulting Specialists to help identify, obtain and maintain
City grants.
PRESENTED BY: Karl Walldorf, Deputy Chief of Police (847-810-3803)
PURPOSE AND ACTION REQUESTED: Staff requests award of a one-year contract to grant
consulting firm Administrative Consulting Specialists in the amount of $28,000.
BACKGROUND/DISCUSSION: For years, City staff has pursued grant funding for projects
large and small whenever feasible. As budgetary constraints tighten, staff is increasingly
aggressive in pursuing these opportunities. In FY2012 the City was required to have a
Single Audit, which was the first in over 20 years. This is a Federal requirement for total
Federal grant expenditure of over $500,000 in a fiscal year. The City is expecting this
same requirement in FY2015, as well as FY2016. In December of 2014, the Uniform Grant
Guidance (UGG) federal regulations took effect for all new or revised current grant
awards. These new regulations require extensive auditing requirements over internal
controls and grant administration. A revised administrative directive has been
developed by the Finance department effective May 1, 2015 to address the new
guidelines. In FY2016 Finance will make additional changes to the City’s purchasing
policies to conform to the new guidelines as well.
However, our neighbors are also feeling these fiscal pressures and turning to grant
funding in increased numbers. As the competition for a limited pool of grant funds
increases, it is imperative that the City be able to successfully locate grant opportunities
and produce superior grant applications.
In addition, each time the City successfully obtains additional grant funding, each grant
carries with it an administrative reporting burden that can last for years after the funds
themselves are received and expended. New auditing procedures effective for 2015 also
carry with them additional scrutiny and an increased reporting burden. These new
procedures will require extensive staff time to ensure all regulations are met.
Rather than explore hiring a full-time in-house grant writer, staff undertook to identify a
consulting firm specializing in municipal grants and capable of assisting every city
department to identify grant opportunities, help in successfully applying for grants and
assist in the record keeping and reporting tasks associated with each awarded grant.
Administrative Consulting Specialists was identified as the only firm in the Chicago area
that could meet both criteria of working with every City division and also assumes the
administrative record keeping associated with grant maintenance. For one flat fee, ACS
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May 18, 2015 City Council Agenda
both seeks out and applies for future grants but also begins maintaining the
administration of all of our current grants, including grants received before ACS became
a vendor.
Founded in 2004, ACS focuses on municipal grant writing and maintenance and has a
staff of ten grant writers, all with ten or more years of experience. Current municipal
clients using ACS for two or more of their divisions include Schaumburg, Rosemont, Rolling
Meadows, Oakbrook Terrace, Forest Park, Morton Grove, Addison, Norridge, Prospect
Heights, Schiller Park and Winthrop Harbor.
BUDGET/FISCAL IMPACT: The FY2016 budget set aside $50,000 in funding for assistance
with grant education and consulting services as part of our implementation of the new
federal requirements.
FY2016
Funding
Source
Account Number
Account
Budget
Amount
Requested
Budgeted?
Y/N
General Fund Non-
Department 101-2501-499-84-95 $50,000 $28,000 Y
Total $28,000
COUNCIL ACTION: Waive bid process and award a one-year contract to grant
consulting firm Administrative Consulting Specialists in the amount of $28,000.
5. Approval of Benefit Consulting Services to be provided in Fiscal Year 2016
by Wright Benefit Strategies
STAFF CONTACT: DeSha Kalmar, Director of Human Resources (847-810-3530)
PURPOSE AND ACTION REQUESTED: Staff is seeking City Council approval of benefit
consulting services by Wright Benefit Strategies.
PROJECT REVIEW/RECOMMENDATIONS:
Reviewed Date Comments
City Council 5/4/15 Approval of Wright Benefit Strategies as
an FY15 gray list vendor.
BACKGROUND/DISCUSSION: Since 2004, the City has contracted with Wright Benefit
Strategies to provide consulting and support services for the City’s medical, dental, and
life insurance. For many years, the contract was approved as part of the insurance
renewal package in December each year. In FY13 we moved Wright Benefit Strategies’
contract approve to a fiscal year to coincide with approval of the gray list vendors.
Wright Benefit Strategies is a recommended gray list vendor for FY16, but City Council is
required to approve any expenditure that exceeds $20,000 for the year. Wright Benefit
Strategies has also consulted with the City on special projects in the areas of liability
insurance and State legislation issues involving employee benefits. This item reflects the
Wright Benefit Strategies contract for FY16, including special projects.
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May 18, 2015 City Council Agenda
BUDGET/FISCAL IMPACT: The total cost for the recommended services is $30,000 which is
the same amount as FY15 and which has been included in the FY16 budget:
FY2016 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
General Fund – HR $30,000 $30,000 Y
COUNCIL ACTION: Staff recommends approval of Benefit Consulting Services by Wright
Benefit Strategies in the amount of $30,000.
6. 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.
128 Atteridge Road - The Building Review Board recommended approval of the demolition of
the existing single family residence and approval of a replacement residence, detached
garage and the associated landscape plan. The neighboring property owner raised concerns
about drainage. The Board asked that at the time drainage and grading plans are reviewed
by the City, particular attention be given to assuring that runoff from the driveway is properly
directed. (Board vote: 5-0, approved)
1439-1441 McKinley Road - The Building Review Board recommended approval of a new
duplex, detached garage and the associated landscape plan. The property proposed for
development is currently vacant. No public testimony was presented to the Board on this
petition. (Board vote: 5-0, approved)
828 N. Western Avenue - The Building Review Board recommended approval of signs for a
business, Forever Om Yoga. No public testimony was presented to the Board on this petition.
(Board vote: 5-0, 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 64. 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.
7. Consideration of an Ordinance Approving a Recommendation from the
Historic Preservation Commission. (First Reading and if Desired by the City
Council, Final Approval)
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May 18, 2015 City Council Agenda
STAFF CONTACT: Catherine Czerniak,
Director of Community Development (810-3504)
The following recommendation from the Historic Preservation Commission is presented to the
City Council for consideration as part of the Omnibus Agenda.
338 E. Westminster - The Historic Preservation Commission recommended approval of a
modification to a previously approved plan for a one story, rear addition. A slight increase in
the square footage of the building scale variance previously approved is also recommended.
One neighbor spoke in support for the project. (Commission vote: 7-0, approved)
The ordinance approving the petition with conditions of approval as recommended by the
Historic Preservation Commission, with key exhibits attached, is included in the Council’s packet
beginning on page 87. The Ordinance and complete exhibits is 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 Ordinance approving the petition in accordance
with the Historic Preservation Commission’s recommendation.
8. Approval to purchase new Digital Orthoimagery for GIS mapping
STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555)
PURPOSE AND ACTION REQUESTED: Staff requests City Council award the contract for the
acquisition of new digital orthoimagery to Ayres Associates, Inc.
BACKGROUND/DISCUSSION: The City was one of the early communities in Illinois to have
GIS-based maps to serve its residents. The GIS Section, within the IT Department, started in
1997 and over the years, we have developed over a hundred data layers for staff to use
in providing effective services to the residents. In 2010, the City joined the GIS Consortium
(GISC). The GIS Consortium is a public entity consisting of local governments that work
collectively to achieve the benefits of GIS and related technologies.
The last time the City invested in aerial photos was in 2011. One of the most used GIS
layers among all City Departments is the Aerial Photography layer. Each department
uses the aerial photographs to provide quality service to the residents and customers.
The aerial photograph requires a flyover, to provide a two-dimensional mapping
image for better illustrations. To make the images accurate in terms of identifying
objects, the high-resolution flyover data is extrapolated with precise surveying data
points to provide the Aerial Photographs. The Aerial Photographs are an integral part
of daily operations of City staff. Attached is the contract to purchase new digital
orthoimagery for GIS mapping from Ayres Associates, Inc. on page 96.
BUDGET/FISCAL IMPACT: By utilizing the GIS Consortium (MGP), GISC members benefit
from low rates generated from the collective-bargaining of the group. The cost of
the flyover services shall be shared among the participating members. Based on the
participation of interested members, the City costs for the flyover services to obtain
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May 18, 2015 City Council Agenda
the aerial photos would be $42,883. If awarded the new aerial photos will be
delivered in October 2015.
Below is an estimated summary of Project budget:
FY2016 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
101-2501-499-35-46 $301,320 $42,883 Y
COUNCIL ACTION: Staff recommends awarding the contract for obtaining new Digital
Orthoimagery to Ayres Associates, Inc. in the amount of $42,883.
9. Approval of GIS Consortium Service Provider Contract
STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555)
PURPOSE AND ACTION REQUESTED: Staff requests City Council award the contract for the
GIS Consortium Service Provider to Municipal GIS Partners, Inc. (MGP).
BACKGROUND/DISCUSSION: In 2010, the City joined the GIS Consortium (GISC). The GIS
Consortium is a public entity consisting of local governments that work collectively to
achieve the benefits of GIS and related technologies.
Currently there are 30 members in the GISC including Highland Park, Deerfield, Glenview,
and Skokie. The GIS Consortium is based on an innovative approach that manages
staffing costs by sharing professional resources. The mission of the Consortium is to create
value for its members by identifying opportunities for minimizing cost and risk.
MGP, Inc. is the current service provider for the City's Geographic Information
Systems program and provides technical support services to the entire GIS
Consortium. A site specialist is assigned to each community to manage the day-to-
day GIS operations in that community. The GISC staffing model provides 100%
staffing for Lake Forest, with this model, MGP staff is onsite every day to provide GIS
services to city staff, the public and consulting firms as needed. Each municipality is
responsible for approving an annual service provider contract with MGP to reflect
the specific needs and budget of the individual community.
Attached is the FY 2016 GIS Consortium Service Provider Contract for MGP on
page104.
BUDGET/FISCAL IMPACT: The GIS Consortium Service Provider Contract for MGP in Lake
Forest for FY 2016 is for services not to exceed $190,379. Services provided will include
direct management, development, and the operation and maintenance of the City’s
GIS system. MGP also provides investigation, research and development of new
functionality and capability to benefit all GIS Consortium members.
Below is an estimated summary of Project budget:
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May 18, 2015 City Council Agenda
FY2016 Funding Source Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
101-2501-499-35-46 $301,320 $190,379 Y
COUNCIL ACTION: Staff recommends awarding the contract for GIS Services to MGP, Inc.
in the not-to-exceed amount of $190,379.
10. Award of Lake Forest portion of the 2015 Joint Concrete Sidewalk and Curb
Replacement Contract.
STAFF CONTACT: Robert W. Ells, Superintendent of Engineering (847-810-3555)
PURPOSE AND ACTION REQUESTED: Staff recommends awarding the Lake Forest portion of
the 2015 Joint Concrete Sidewalk and Curb Replacement Program contract to
Schroeder & Schroeder, Inc.
BACKGROUND/DISCUSSION:
The Sidewalk Replacement program is an annual program that replaces hazardous and
deteriorated sections of sidewalk and curb and gutter.
Based on the City Sidewalk Survey and requests for replacement of concrete sidewalk
and curb from residents and businesses, the Engineering staff prioritizes the locations for
replacement based on the severity of their condition on an annual basis.
City Staff have previously briefed the Council on Municipal Partnership Initiative (MPI), a
program that takes advantage of economies of scale for securing low bid prices. This
year, the City joined forces with Lake Bluff for the 2015 Joint Sidewalk and Curb
Replacement Program. For this year’s program, Lake Forest is the lead agency.
In addition, a new sidewalk will be installed on the East side of Sheridan Road from Raving
Park to Moffett Road in Lake Bluff. Residents requested the new sidewalk installation at
the Ward 1 meeting in 2014 for the safety of pedestrians, as a result, The City of Lake
Forest and The Village of Lake Bluff are working together to install the new sidewalk and
eliminate the safety hazard. Per the contract bid amount, the Lake Forest share of the
new sidewalk is $25,700 and the Lake Bluff share of the new sidewalk is $20,000. Staff is
requesting the cost of the Lake Forest portion be paid from the City Council contingency
funds. Attached is a map depicting the location of the new sidewalk installation on page
123.
BUDGET/FISCAL IMPACT: Bids for the 2015 Joint Concrete Sidewalk and Curb
Replacement Program contract were received and opened on May 7, 2015. A total of
three(3) firms bid the project.
The following is a summary of the bids received:
BIDDER TOTAL MPI BID
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May 18, 2015 City Council Agenda
Schroeder & Schroeder, Inc. $108,060.50
Globe Construction $119,249.25
D’Land Construction $140,838.28
The breakdown of the lowest responsible bidder, Schroeder & Schroeder, Inc., specific to
Lake Forest bid items is noted below:
BIDDER LAKE FOREST BID
Schroeder & Schroeder, Inc. $50,184.50
Globe Construction $54,952.25
D’Land Construction $68,062.22
Engineer’s Estimate $49,906.25
Both communities are recommending award of their portion of the contract to Schroeder
& Schroeder, Inc. at their respective Council/Board meetings in the next few weeks.
Schroeder & Schroeder, Inc. has worked in Lake Forest on previous contracts with
satisfactory results.
If awarded, work on this project is expected to begin in June and be completed by the
end of August. Upon award of the contract, municipalities will meet with the contractor
to get a tentative schedule for each community. The Lake Forest property owners living
near the vicinity of the construction work will be notified in advance of the start of
construction.
Each municipality will be responsible for inspecting their own Concrete Curb and
Sidewalk Replacement program. The City’s Engineering staff will provide oversight
through daily inspections for Lake Forest portion of the contract.
Below is an estimated summary of Project budget:
FY2016 Funding
Source Account Number Amount
Budgeted
Amount
Requested
Budgeted?
Y/N
Capital Fund 311-0050-417-67-12 $50,000 $50,000 Y
City Council
Contingency 101-1101-84-95 $100,000 $25,700 Y
COUNCIL ACTION: Staff recommends awarding the Lake Forest share of the 2015 Joint
Concrete Sidewalk and Curb Replacement Program contract, to include the installation
of a new sidewalk, to Schroeder & Schroeder, Inc. for a not-to-exceed amount of
$75,700.00.
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May 18, 2015 City Council Agenda
COUNCIL ACTION: Approve the ten (10) Omnibus items as presented.
6. ORDINANCES
7. NEW BUSINESS
1. Consideration of a Memorandum of Understanding between The City of
Lake Forest and Lake Forest Open Lands Association relating to an
exchange of property within the City
PRESENTED BY: Robert Kiely Jr., City Manager
PURPOSE AND ACTION REQUESTED: Staff requests consideration of a Memorandum of
Understanding relating to the exchange of property including but not limited to
McCormick Nature Preserve, Open Lands Park and Elawa.
BACKGROUND/DISCUSSION: Lake Forest Open Lands Association (LFOLA) has
approached the City of Lake Forest (City) to open discussions about a possible exchange
(SWAP) of properties. The exchange would involve the City owned property of
McCormick Preserve and Open Lands Park and a one quarter acre parcel of the Elawa
Farm garden as stated in the attachment beginning on page 124.
The City and LFOLA have enjoyed a successful ongoing public/private partnership that
has enhanced the quality of life in our community by preserving open space, creating
conservation-based developments, enacting positive open space zoning policies, and
partnering on numerous open space and environmental initiatives. In addition, the City
and LFOLA currently share in a formal Land Management Agreement, otherwise known
as the Master Lease Agreement, entered into on August 18, 1995.
The City possesses the skills and resources to own, manage, and improve public parks
and specialized public open spaces within our City boundaries to maximize their beauty,
function, and usefulness for the enjoyment and economic benefit of our residents. LFOLA
possesses the special expertise, financial resources, and organizational mission to
manage and restore some of the most rare and valued natural areas and public nature
preserves within our City. Such parcels which currently include the very highest quality
natural areas such as Middlefork Savanna, Shaw Prairie, and Haffner Meadow, all areas
recognized and dedicated by the Illinois Nature Preserves Commission as deserving the
highest level of protection and recognition in the State of Illinois.
The proposed exchange would benefit the residents of Lake Forest by aligning each
property with the entity most able to preserve, enhance and maintain, on a long term
basis. At the same time, the opportunity for local residents to use and enjoy the
properties would continue, including McCormick Day Camp operations, with the
additional benefits of natural resource improvements which may be possible as a result of
the exchange.
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May 18, 2015 City Council Agenda
BUDGET/FISCAL IMPACT: The City and LFOLA are currently engaged in discussions with the
United States Army Corp of Engineers pertaining to participation in the Great Lakes
Fishery and Ecosystem Restoration Program (GLFER). As part of this SWAP,LFOLA intends to
commit the substantial financial (cash and in-kind) resources necessary to meet the cost
and management requirements, and for both parties to jointly agree to engage in an
intensive restoration of McCormick Ravine as part of the Army Corps of Engineers'
federally-funded GLFER program.
COUNCIL ACTION: Approve the proposed Memorandum of Understanding relating to an
exchange of properties involving McCormick Nature Preserve, Open Lands Park and a
portion of property at Elawa Farm, and direct the City manager and the City Attorney to
proceed with preparation of the legal documents to effectuate the exchange.
8. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
9. ADJOURNMENT
Office of the City Manager May 13, 2015
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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PROCLAMATION
WHEREAS, the McKinlock Post 264 of the American Legion has undertaken to provide
appropriate exercises and entertainment in celebration of LAKE FOREST DAY on WEDNESDAY,
AUGUST 5, 2015 with a view to bringing together the people of our City in the furtherance of civic
interest and advancement of community fellowship; and
WHEREAS, the McKinlock Post 264 of the American Legion honors Lake Forest residents,
employees, neighbors and friends by adopting the theme “Lake Forest American Legion Salutes Gorton
Community Center!”
THEREFORE, be it hereby proclaimed that said LAKE FOREST DAY celebration is declared
to be a City Fair and in pursuance thereof, and TUESDAY, AUGUST 4, 2015, and WEDNESDAY,
AUGUST 5, 2015, shall be observed as a holiday in The City of Lake Forest and our people are urged to
forsake their ordinary pursuits and gather in West Park in a spirit of comradeship and good will in
support of the ideals of our City.
Donald Schoenheider, Mayo r
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CITY OF LAKE FOREST
COMMUNITY ENGAGEMENT MEETING – DISCUSSION ON THE CITY’S DEVELOPMENT REVIEW PROCESS
HOSTED BY ALDERMAN JACK REISENBERG ON MARCH 12, 2015
JOINED BY: BRB CHAIRMAN CHARLIE KING, ZBA CHAIRMAN ROBERT FRANKSEN AND PC MEMBER LLOYD CULBERTSON
Page 1 of 2
How has the process worked for you? Are there processes used in other communities that Lake Forest should consider?
What should not be changed? What ideas do you have for changes?
WORKS WELL, OPPORTUNITIES
CONCERNS, QUESTIONS
1. Generally, the process works well and decisions are
fair.
1. With less staff, there is more responsibility on architects to present
a good design.
2. Board and Commission guidelines and background
information that is provided is helpful.
2. Reduced staff has resulted in longer review times and less
assistance with project design at the outset of a project.
3. Consider a peer review process: architects familiar
with the City’s design guidelines reviewing other
architect’s projects, offering advice. (Research peer
review processes in other communities.)
3. Uncertainty of time frame for Board/Commission decision on a
project. Difficult to set realistic expectations for residents.
4. Educate residents on the review process and the fact
that higher architectural fees are associated with
quality design, but a well-designed project streamlines
the approval process.
4. It is difficult to streamline the process further and still keep the bar
high for the quality of design.
5. Provide more opportunities to go before
Boards/Commissions with conceptual plans for initial
input.
5. Continue with the building code update process, move toward
universally accepted standards.
6. Time limits on presentations and testimony before
Boards and Commissions help to keep the meetings
moving. Should be retained.
6. There are different levels of competency among architects.
Projects designed by less experienced architects can take longer to
move through the process. (Staff should step into the design
process more v. staff’s role is to evaluate the project based on the
guidelines, rather than offer design assistance.)
7. Allow more presentation time for complex projects.
7. It is difficult to work out the details of a project at a public
meeting. Offline meetings are productive.
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CITY OF LAKE FOREST
COMMUNITY ENGAGEMENT MEETING – DISCUSSION ON THE CITY’S DEVELOPMENT REVIEW PROCESS
HOSTED BY ALDERMAN JACK REISENBERG ON MARCH 12, 2015
JOINED BY: BRB CHAIRMAN CHARLIE KING, ZBA CHAIRMAN ROBERT FRANKSEN AND PC MEMBER LLOYD CULBERTSON
Page 2 of 2
WORKS WELL, OPPORTUNITIES
CONCERNS, QUESTIONS
8. Maintain current design standards and requirements. 8. Make examples of successful projects available for petitioners who
are new to the process.
9. Many other communities admire the City’s process. 9. Clarify tree replacement requirements. (No replacement currently
being required for removal of some types of trees, replacement is
required for other types.)
10. Appoint more architects to Boards and Commissions. 10. Clarify the definition of demolition.
Proposed Action Steps
Distribute this matrix to Boards and Commissions for information and consideration.
Complete building code update process.
Provide monthly updates to the City Council on the turnaround time for building permits. (Target times – 15 working days
for regular permits, 5 working days for fast track permits, permits requiring limited reviews.)
Research peer review processes used by other communities.
Invite assistance from the Lake Forest Preservation Foundation in educating residents and others about the value of good
design and the role of good design in streamlining the process.
Conduct Board and Commission work sessions to review, and if appropriate, update the design guidelines, Board and
Commission informational materials and the review process.
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The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, May 4, 2015 First Session
City Council Meeting - City Council Chambers
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: Honorable Mayor Schoenheider, Alderman Beidler, Alderman Waldeck, Alderman
Pandaleon, Alderman Moore, Alderman Reisenberg, Alderman Moreno and Alderman Adelman.
Absent: none
Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Elizabeth Holleb,
Finance Director; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public
Works; Bob Ells, Superintendent of Engineering; James Held, Police Chief; Karl Walldorf, Deputy
Chief and Anne Whipple.
There were approximately 45 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
COMMENTS BY CITY MANAGER
COMMENTS BY COUNCIL MEMBERS
FINANCE COMMITTEE
A. Approval of the Comprehensive Fiscal Plan for FY2016
George Pandaleon, Finance Committee Chairman introduced Finance Director Elizabeth Holleb
who gave a high level overview summary of the plan. Ms. Holleb reported that the Plan is an eight
month process and the other four months of the year audit the plan. Ms. Holleb stated that there
were a number of changes made that included a table of contents, acronym list, budget glossary
and index, the City Council Fiscal Policy, and that the fund balance analysis and expense
comparison formats were revised to improve information to the reader. A new section detailing
the top ten revenue sources has been added.
Ms. Holleb stated that the budget highlights included:
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
Total FY16 Budget - $84,171,325
FY16 budget increase over FY15 estimated actual = .40%
FY16 Capital Initiatives
East Side Train Station Renovation ($1.05 million grant funding)
Laurel and Western Avenue Redevelopment
Emerald Ash Borer - $290,000
Telegraph Road Station Pedestrian Underpass ($1.45m grant funding)
$6.1 million in additional capital improvements
Street, sidewalk, bridge improvements - $1,750,000
Facility improvements - $680,000
Water & Sewer system improvements - $1,590,000
Ms. Holleb also gave an overview of the FY 16 Expenditures that included the FY15 Estimate and
the FY16 Budget amount with the percentage of change, noting that every third year Motor Fuel
Tax is greater. Ms. Holleb gave an overview of the General Fund accounts for the primary
operations, indicating that 52% of the revenue collected is through property taxes, while on the
expense side 69% of the fund is personnel driven. She then gave an overview of the five year fund
forecast showing the general fund net before CIP.
She added that the proposed expenditures for FY2016 total $84,171,325. The proposed plan is
balanced with all operating expenditures covered from current revenues and capital expenditures
funded from current revenues and reserves in excess of the City Council’s Fiscal Policy.
Alderman Pandaleon added that the fund balance analysis is a high level summary at a glance. He
thanked Finance Director Elizabeth Holleb and staff for a great job.
Mayor Schoenheider thanked City Manager Robert Kiely for his leadership and improving City
Service’s and Elizabeth Holleb and Diane Hall for putting together such a great comprehensive
plan.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the
matter. Seeing none, he asked for a motion.
COUNCIL ACTION: Approval of the Comprehensive Fiscal Plan for Fiscal Year 2016.
Alderman Moore made a motion to approve the Comprehensive Fiscal Plan for Fiscal Year 2016,
seconded by Alderman Beidler. Motion carried unanimously by voice vote
B. Annual Vendor Approval
Finance Director Elizabeth Holleb reported that on September 19, 2011, the City Council approved
Code amendments revising the method for approving vendors. Consistent with the revised policy,
payments for services provided on an unspecified ongoing basis exceeding $20,000 annually in
aggregate are to be approved by the City Council as part of the budget process. The attached list
provides the vendors approved for FY2012-FY2015 as well as the recommendations submitted for
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
City Council approval for FY2016. Ms. Holleb stated that the City Council will continue to approve
any single purchase over $20,000 as established by the purchasing code.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the
matter. Seeing none, he asked for a motion.
COUNCIL ACTION: Approval of the attached list of vendors for Fiscal Year 2016.
Alderman Waldeck made a motion to approve the attached list of vendors for Fiscal Year 2016,
seconded by Alderman Reisenberg. The following voted “Yea”: Aldermen Beidler, Waldeck,
Moore, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8
Yeas, 0 Nays, motion carried.
C. Approval of the FY16 Personnel Policies and Practices and FY16 Pay Plan
Director of Human Resources DeSha Kalmar explained that each year the City’s Personnel Policies
and Practices are reviewed and updated, then adopted by the City Council as part of the budget
process. She noted key changes made to the Personnel Policies were primarily required by law,
and that there were other changes that included a modest change in longevity pay. Ms. Kalmar
reported that the FY2016 Pay Plan has been adjusted to include 2.5% range adjustment.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the
matter. Seeing none, he asked for a motion.
COUNCIL ACTION: Approval of the FY16 Personnel Policies and Practices and FY16 Pay Plan.
Alderman Moore made a motion to approve the FY16 Personnel Policies and Practices Pay Plan,
seconded by Alderman Beidler. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore,
Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”: None. 8 Yeas, 0
Nays, motion carried
D. Appointment of Chapman and Cutler LLP to serve as the City’s Bond Counsel
Finance Director Elizabeth Holleb reported that currently the City’s bond counsel provides legal
support to the City’s bond issuance and continuing disclosure requirements and that the City’s
current bond counsel has served the City since 2000, when they were appointed based on the
recommendation of prior bond counsel and the City’s financial advisor at the time.
Ms. Holleb reports that the City issued a Request for Proposals (RFP) for bond counsel services in
March and received nine proposals. Based on a review of the proposing firms’ qualifications and
fee proposals, three finalist firms were selected for in-person interviews conducted on April 16.
The interview panel consisted of Finance Committee Chairman George Pandaleon, Legal
Committee Chairman Ray Buschmann, City Manager Bob Kiely and Finance Director Elizabeth
Holleb. The committee deliberated on April 23 and selected the firm of Chapman and Cutler LLP
for recommendation to the City Council.
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
Ms. Holleb reported that Chapman and Cutler LLP had previously served as bond counsel to the
City of Lake Forest as early as the 1920s. The City has also been served by Sidley & Austin prior to
appointment of Katten, Muchin, Rosenman. Chapman and Cutler LLP have a significant public
finance department consisting of 49 attorneys, with 22 focusing their practice exclusively on
public finance transactions in Illinois. Additionally, costs associated with bond counsel services are
paid at the time of bond issuance from proceeds of the bonds. Fees are based on the type and
quantity of bonds to be issued. The recommended firm’s fee structure was extremely competitive
when compared to the other respondents.
The City Council had a discussion relating to why Chapman and Cultler stopped being Bond
Counsel, it was determined that there may have been a conflict with a then seated Alderman.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the
matter. Seeing none, he asked for a motion.
COUNCIL ACTION: Appointment of Chapman and Cutler LLP as Bond Counsel for the City.
Alderman Moreno made a motion to approve the appointment of Chapman and Cutler LLP as
Bond Counsel for the City, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen
Beidler, Waldeck, Moore, Pandaleon, Tack, Reisenberg, Adelman and Moreno. The following voted
“Nay”: None. 8 Yeas, 0 Nays, motion carried.
Alderman Moore commented that at the previous City Council meeting he misunderstood the
staff’s process relating to the LED lighting and apologized. He also stated that he was proud to be
an Alderman and that it has been an honor to serve the community.
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
David Fontana, 701 W Woodland, Lake Bluff, offered his opinion to the City Council about towing.
City Manager Robert Kiely added that the City will be issuing an RFP that the City Council will most
likey see in June.
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of the April 20, 2015 City Council meeting minutes
2. Check Register for Period March 28- April 24, 2015
3. Approval of a Resolution recognizing Northwestern Lake Forest Hospital for
receiving the American Heart Association/American Stroke Association Award
for Quality Achievement and being Honor Roll Elite
4. Approval of Information Technology Support to be provided in Fiscal Year 2016
by ClientFirst Consulting Group
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Proceedings of the May 4, 2015 Second Session
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5. Approval of an Audit Committee Recommendation regarding Audit Fees for
Fiscal Year 2015
6. Approval of Contract for Everett Park Playground Project
7. Ratification of Contract Amounts for the McClory Bike Path Project
COUNCIL ACTION: Approve the seven (7) Omnibus items as presented.
Mayor Schoenheider asked members of the Council if they would like to remove any item or take
separately. Seeing no request, he asked for a motion to approve the seven Omnibus items as
presented.
Alderman Pandaleon made a motion to approve the Omnibus items as presented, seconded by
Alderman Reisenberg. The following voted “Yea”: Aldermen Beidler, Waldeck, 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
1. Consideration of a Recommendation from the Plan Commission in Support of Various Actions
Related to Final Approval of the Oak Knoll Woodlands Planned Preservation Subdivision. (If
desired by the Council, Grant Final Approval of Ordinances and Grant Final Approval of the Plat
of Subdivision.)
Catherine Czerniak, Director of Community Development, reported that this is a recommendation
from the Plan Commission in support of approving final reading of an Ordinance approving a zone
change and application of a zoning overlay district, and approval of the final plat of subdivision for
the Oak Knoll Woodlands Planned Preservation Subdivision and approval of the associated Special
Use Permit.
Ms. Czerniak reported that this petition proposes development of a 30 acre parcel located east of
the Conway Farms development, north of Conway Road, at the north end of Oak Knoll Drive. The
property is vacant and is the last parcel of significant size available for development in this area.
This property was in the ownership of a local family for many years and was recently acquired by a
developer as part of the settling of an estate.
Ms. Czerniak reported that since a 16 lot Planned Preservation Subdivision is proposed on the 30-
acre parcel, in order to achieve the proposed development, a zone change from R-5 to R-4,
application of the Historic Residential Open Space Preservation Zoning District, and final approval
of the plat of subdivision and associated Special Use Permit are requested. The overlay district
requires that the density of the development is consistent with the underlying zoning district but
allows flexibility in lot sizes and setbacks in exchange for preservation of open space, wetlands and
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
woodlands. This conservation subdivision approach has led to other successful developments in
the community including the Conway Farms, Middlefork Farm and Everett Farm subdivisions.
Ms. Czerniak stated that on October 20, 2014, based on a recommendation from the Plan
Commission, the City Council granted tentative subdivision plat approval and approved first
reading of an ordinance rezoning the property to R-4, single family residential with the application
of the Historic Residential Open Space Preservation District. On March 11, 2015, the Plan
Commission held a public hearing to consider the final plat of subdivision. The Commission heard
testimony from neighboring property owners, consistent with the testimony heard during
consideration of the tentative subdivision plat. The majority of those speaking stated opposition
to the proposed development expressing concerns about the number of lots, the size of the lots,
drainage and traffic primarily.
At the conclusion of the public hearing, the Commission voted unanimously to recommend
approval of the final plat and the associated Special Use Permit to the City Council, subject to
conditions of approval. After all of the conditions are met to the satisfaction of the City Engineer
and Director of Community Development, the plat will be recorded with Lake County and permits
authorizing site work will be issued.
The City Council asked questions in relation to drainage. Bob Ells, Superintendent of Engineering,
added that the review of the drainage exceeds the Lake County Watershed Ordinance; however,
the Army Corp of Engineers would have to give final details before the City of Lake Forest could
issue permits.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the
matter.
Dan Sebalt of 560 Ivy Court offered his opinion on the topic.
COUNCIL ACTION: If determined to be appropriate by the City Council:
1. Grant final approval of an Ordinance rezoning the 30 –acre parcel from R-5 to R-4 and applying
the Historic Residential and Open Space Overlay District.
AND
2. Approve a motion granting final approval of the Oak Knoll Woodlands Planned Preservation
Subdivision plat and approval of the associated Special Use Permit
Alderman Reisenberg moved, Alderman Beidler seconded, to waive first reading on the Ordinance
granting a Special Use Permit for the Oak Knoll Woodlands Planned Preservation Subdivision, On a
roll call vote, the motion passed and first reading was waived, The following voted “Yea”:
Aldermen Beidler, Waldeck, Moore, Tack, Reisenberg, Adelman and Moreno. The following voted
“Nay”: None. The following Abstained: Alderman Pandaleon. 7 Yeas, 0 Nays, 1 Abstention.
Alderman Reisenberg moved, Alderman Waldeck Seconds, to approve (i) the Ordinance rezoning
the 30 –acre parcel from R-5 to R-4 and applying the Historic Residential and Open Space Overlay
District, (ii) the final Plat, and (iii) the Special use Permit Ordinance. On a roll call vote the motion
passes. The following voted “Yea”: Aldermen Beidler, Waldeck, Moore, Tack, Reisenberg, Adelman
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
and Moreno. The following voted “Nay”: None. The following Abstained: Alderman Pandaleon. 7
Yeas, 0 Nays, 1 Abstention.
NEW BUSINESS
1. Consideration of a Recommendation from the Plan Commission in Support of a Revised Site
Plan for the Amberley Woods Commercial Development Proposed on 8.5 Acres Located at the
Southeast Corner of Route 60 and Saunders Road. (Approval of a Resolution)
Catherine Czerniak, Director of Community Development, reported that the City Council heard
from the Plan Commission on this project in July 2014. The Council indicated strong support for
the project overall, but directed that the site plan be modified to address the conditions as
recommended by the Commission. In general, the conditions required that the site be developed
less intensely to provide greater setbacks and a development more in keeping with the overall
character of the Route 60 Corridor.
She clarified that the packet said that conditions were previously approved by the City Council,
when in fact it should it should have read “directed to be modified”.
Ms. Czerniak report that since the Council meeting in July, the ownership of the property has
remained the same and that an active petition for the project remained on file with the City. In
March of this year, the City received an amended application which identified a new developer for
the project, Pine Tree Commercial Realty, LLC. Whole Foods is still proposed as the major tenant
in the development. A revised site plan was presented to the Plan Commission on April 15, 2015
for evaluation based on the previously approved conditions of approval.
Ms. Czerniak added that the Commission determined that the revised site plan responded well to
the direction the Council provided in July. The petitioners are requesting review by the City
Council at this point in the process to get confirmation on whether the proposed commercial
center and the revised site plan are consistent with the previous conditions and the Council’s
expectations before proceeding with revisions and finalization of the technical and design aspects
of the project.
Ms. Czerniak noted that if the Council approves the Resolution indicating support for this project,
revised architectural, landscape, lighting and signage plans must be reviewed by the Building
Review Board and that Board’s recommendation will be forwarded to the City Council for final
action. Also the revised site plan requires the removal of the existing residence, a locally
landmarked structure. The Code requires that a request for demolition must be considered by the
Historic Preservation Commission with the opportunity for final action on the request by the City
Council. If approved the Resolution further directs staff and the City attorney, upon completion of
review by the Board and Commission, to the present appropriate amendments to the Annexation
Agreement and Special Use Permit, incorporating the revised plans, for City Council consideration
and action.
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
Ms. Czerniak also noted that there were representatives from Pine Tree as well as Whole Foods
available should the City Council have any questions.
The City Council had a discussion relating to drainage at the site, proposed setbacks, the option of
a cul-de sac or a gate, and the intensity of the development and parking. Dan Strand of Gewalt
Hamilton addressed the Council’s concerns on drainage and the overall subdivision design in
relation to drainage.
Mayor Schoenheider asked if there was anyone from the public who wanted to comment on the
matter. Seeing none, he asked for a motion.
COUNCIL ACTION: If determined to be appropriate by the City Council, approve a Resolution
endorsing the proposed commercial development and the revised site plan and directing the
petitioner to 1) present the design aspects of the development to the Building Review Board for
review and recommendation and 2) present a request for approval of the demolition of the
existing residence to the Historic Preservation Commission.
Alderman Reisenberg made a motion to approve a Resolution endorsing the proposed commercial
development and the revised site plan and directing the petitioner to 1) present the design
aspects of the development to the Building Review Board for review and recommendation and 2)
present a request for approval of the demolition of the existing residence to the Historic
Preservation Commission, seconded by Alderman Waldeck. The following voted “Yea”: Aldermen
Beidler, Waldeck, Moore, Tack, Reisenberg, Adelman and Moreno. The following voted “Nay”:
None. The following Abstained: Alderman Pandaleon. 7 Yeas, 0 Nays, 1 Abstention, the motion
carried.
2. Presentation of fabulous gifts and prizes for Alderman Moore
Robert Kiely, City Manager presented Alderman Moore with a certificate for a tree to be planted
in his honor, and personalized City street sign.
3. Final words for departing Alderman Moore from the remaining Council Members
Mayor Schoenheider and each Alderman expressed gratitude for the service of Alderman Moore
and stated a few words regarding his service to the City
4. Final comments from Alderman Moore
Alderman Moore made closing remarks to the Council about their tenure on the City Council, and
thanked the staff for "respect of the process”.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT
There being no further business. Alderman Moore made a motion to adjourn, seconded by
Alderman Reisenberg. Motion carried unanimously by voice vote at 8:08 p.m.
Respectfully Submitted,
Margaret Boyer
Deputy City Clerk
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
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.
26
The City of Lake Forest
CITY COUNCIL
Proceedings of the Monday, May 4, 2015 Second Session
City Council Meeting - City Council Chambers
CALL FOR ORGANIZATION OF THE 2014-2015 CITY COUNCIL
City Manager, Robert Kiely Jr., called for the Organization of the 2015-2016 City Council
DEPUTY CLERK MARGARET BOYER ADMINISTERS THE OATH OF OFFICE TO :
Honorable Mayor-Elect - - Donald P. Schoenheider
First Ward Alderman-Elect - - Catherine Waldeck
Second Ward Alderman-Elect - - George Pandaleon
Second Ward Alderman-Appointed - - Timothy Newman
Third Ward Alderman-Elect - - John Reisenberg
Fourth Ward Alderman-Elect - - Michael Adelman
Deputy City Clerk Margaret Boyer Administered the Oath of Office.
CALL TO ORDER AND ROLL CALL: Honorable Mayor Schoenheider called the meeting to order at
8:19 pm, and Deputy City Clerk Margaret Boyer called the roll of Council members.
Present: Honorable Mayor Schoenheider, Alderman Beidler, Alderman Waldeck, Alderman
Pandaleon, Alderman Newman, Alderman Reisenberg, Alderman Moreno and Alderman Adelman.
Absent: none
Also present were: Bob Kiely, City Manager, Victor Filippini, City Attorney; Elizabeth Holleb,
Finance Director; Michael Thomas, Director of Public Works; Dan Martin, Superintendent of Public
Works; Bob Ells, Superintendent of Engineering; James Held, Police Chief; Karl Walldorf, Deputy
Chief; former Alderman David Moore and Anne Whipple.
There were approximately 45 present in the audience.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance.
ELECTION AND APPOINTMENT OF CITY OFFICERS
1. ELECTION BY THE CITY COUNCIL AS REQUIRED BY CHARTER AND CITY CODE
City Treasurer Elizabeth A. Holleb
City Supervisor Robert R. Kiely, Jr.
City Marshal & Collector James Held
City Attorney Victor Filippini
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
City Clerk Robert R. Kiely, Jr.
City Surveyor and Engineer Gewalt Hamilton Associates
Alderman Pandaleon made a motion to approve the Election and Appointment of City Officers by
the City Council as required by City Charter and the City Code, seconded by Alderman Beidler. The
following voted “Yea”: Aldermen Waldeck, Beidler, Pandaleon, Newman, Tack, Reisenberg, and
Moreno. The following voted “Nay”: None. 8 Yeas, 0 Nays, motion carried.
REPORTS OF CITY OFFICERS
COMMENTS BY MAYOR
Mayor Schoenheider welcomed Alderman Newman to the City Council.
A. RESOLUTION OF APPRECIATION FOR WARD 2 ALDERMAN DAVID MOORE
COUNCIL ACTION: Approve the Resolution
Alderman Adelman made a motion to approve the Resolution of Appreciation, seconded by
Alderman Beidler. Motion carried unanimously by voice vote.
Mayor Schoenheider presented the Resolution of Appreciation to David Moore.
B. 2015-2016 Board and Commission Appointments/Reappointments
BUILDING REVIEW BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
James Diamond Appoint 3
Robert Reda Reappoint 1
Ted Notz Reappoint and Appoint as
Chairman
2
Ross Friedman Reappoint 4
Mike Bleck Reappoint 4
CEMETERY COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
David Hooke Appoint 3
Patrick Looby Reappoint 4
Dennis O’Brien Reappoint and Appoint as
Chairman
2
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
ELAWA COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Georgia West Reappoint 2
Samuel Henry Reappoint 1
Patricia Moore Reappoint 3
HISTORIC PRESERVATION COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Carol Gayle Appoint 1
Susan Athenson Reappoint 3
Robert Alfe Reappoint 4
Jim Preschlack Appoint as Chairman 3
LEGAL COMMITTEE
NAME OF MEMBER APPOINT/REAPPOINT WARD
Dale Tauke Appoint 3
Ken Weinberger Reappoint 2
Dave Neumeister Appoint as Chairman 3
LIBRARY
NAME OF MEMBER APPOINT/REAPPOINT WARD
Wendy Darling Appoint 1
David Rose Appoint 4
Carrie Travers Appoint 1
Kenneth Sanders Appoint STUDENT
PARKS AND RECREATION BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Shannon Maguire Appoint 3
Scott Herman Appoint 3
Charles Kohlmeyer Appoint as Chairman 4
Colton England Appoint STUDENT
SENIOR RESOURCE COMMISSION
NAME OF MEMBER APPOINT/REAPPOINT WARD
Thomas Sullivan Appoint 3
Steve Potsic Reappoint and Appoint as
Chairman
LB
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
GORTON
NAME OF MEMBER APPOINT/REAPPOINT WARD
Sally Downey Reappoint 1
John Looby Reappoint 4
Stephen Goldman Appoint 3
HOUSING TRUST FUND BOARD
NAME OF MEMBER APPOINT/REAPPOINT WARD
Matthew Flynn Appoint n/a
COUNCIL ACTION: Approve the Mayors Appointments and Reappointments
Alderman Pandaleon made a motion to approve the 2014-2015 New Board and Commission
Appointments/Reappointments, seconded by Alderman Waldeck. Motion carried unanimously by
voice vote.
C. Approval of a Resolution of Appreciation for Retiring Members of Boards and Commissions
as follows:
Building Review Board: Chairman, Charles King
Cemetery Commission: Chairman, Colin Silvester
Firefighter’s Pension Fund: William Anderson
Historic Preservation Commission: Chairman, Kurt Pairitz
Legal Committee: Chairman, Raymond Buschmann
Library Board: Janet Gibson and Lisa Dettling
Parks and Recreation Board: Curt Volkmann
Police Pension Fund: Charles Flesch
Senior Resources Commission: Chairman, Nini Lustig and Lester Hammar
COUNCIL ACTION: Approve the Resolution
Alderman Moore made a motion to approve the Resolutions, seconded by Alderman Reisenberg.
Motion carried unanimously by voice vote.
COMMENTS BY CITY MANAGER
COMMENTS BY COUNCIL MEMBERS
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
1. Approval of a Schedule of Regular Meetings of the City Council to include fiscal Year 2016
2. Approval of a Resolution authorizing the City Manager to enter into an intergovernmental
agreement with the North East Multi-Regional Training (NEMRT) body, the mobile training unit
authorized by the Intergovernmental Law Enforcement Officer’s In-Service Training Act.
COUNCIL ACTION: Approve the two (2) Omnibus item(s) as presented.
Mayor Schoenheider asked members of the Council if they would like to remove any item or take
separately. Seeing no request, he asked for a motion to approve the two Omnibus items as
presented.
Alderman Pandaleon made a motion to approve the Omnibus items as presented, seconded by
Alderman Moreno. The following voted “Yea”: Aldermen Beidler, Waldeck, Pandaleon, Newman,
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
NEW BUSINESS
1. Consideration of a Resolution Endorsing “Concept A” of the 2015 Fort Sheridan Master Plan
prepared by the Lake County Forest Preserve District.
City Manager, Robert Kiely Jr, reported that in early in 1990 the Lake County Forest Preserve
District acquired 253 acres at the northerly end of Fort Sheridan under the Base Closure and
Realignment Act of 1988. The Lake County Forest Preserve District has been working to complete
a master plan controlling the site’s future use, activities, and resource restoration. Initially, the
District was planning to construct a championship caliber golf course on the site, but elected in
2012 not to proceed based on cost considerations and declines in the local area golf market.
Mr. Kiely introduced Lake County Board President Anne Main, and Lake County Board
representative Mike Rummel who stated that the Lake County Forest Preserves District held its
first open house to solicit concepts and ideas regarding potential uses for the site from County
residents in 2012. Since then, district staff has been formulating various concept plans. The final
two concept plans have been influenced by various competing interests including; extreme bluff
slope, land restriction placed on site by U.S. Army, natural resource restoration, reforestation,
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Proceedings of the May 4, 2015 Second Session
Regular City Council Meeting
Lake Michigan view sheds, preservation of endangered plant species, promotion of bird habitat,
accessibility of parking and long-term operating cost considerations.
Ms. Main explained that the primary difference between the two final concept plans under
consideration relates to parking. Concept “A” relocates the parking to the west and away from the
bluff area. Concept “B” expands the existing parking area adjacent to the lakefront, likely leading
to greater utilization of the beach front property. She noted, however, that the property is not a
swimming beach, and that currently the access is not ADA compliant.
Mr. Rummel added that the Parks & Recreation Board heard a presentation on the two concept
plans by the Lake County Forest Preserve District Executive Director Ty Kovach at its April 21
meeting. Following a lengthy discussion, the Board approved endorsing Concept “A” by a vote of 5
to 2. John Sentell, President of the Lake Forest Open Lands Association reported that the LFOL is
in support of Concept “A”. The City Council had discussion about public safety, public access, and
other community support.
COUNCIL ACTION: Approve the proposed resolution endorsing concept “A” of the 2015 Fort
Sheridan Master Plan.
Alderman Waldeck made a motion to approve the proposed resolution endorsing concept “A” of
the 2015 Fort Sheridan Master Plan, seconded by Alderman Moreno. Motion carried unanimously
by voice vote.
ADDITIONAL ITEMS FOR COUNCIL DISCUSSION
ADJOURNMENT
There being no further business. Alderman Reisenberg made a motion to adjourn, seconded by
Alderman Moreno. Motion carried unanimously by voice vote at 9:20 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.
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Page 1 of 8
AGREEMENT FOR
PROFESSIONAL SERVICES
FOR
GEOSPATIAL SERVICES
THIS IS AN AGREEMENT made between the City of Lake Forest, Illinois (OWNER) and Ayres
Associates Inc, 5201 E. Terrace Drive, Suite 200, Madison, WI 53718 (CONSULTANT).
OWNER intends to retain the CONSULTANT to prepare digital orthoimagery.
OWNER and CONSULTANT agree to performance of professional services by CONSULTANT
and payment for those services by OWNER as set forth below.
ARTICLE 1 – SCOPE OF SERVICES
1.1 General
1.1.1 CONSULTANT shall provide professional services for OWNER as hereinafter
provided.
1.2 Geospatial Services
After written authorization to proceed, CONSULTANT shall:
1.2.1 Produce digital orthophotography for the City of Lake Forest, Illinois for the
project area shown on Exhibit A, from aerial imagery acquired by the
CONSULTANT using a photogrammetric digital camera in the spring of 2015.
1.2.1.1 Aerial imagery will be georeferenced using an existing digital elevation
model.
1.2.2.2 Orthoimagery will be prepared at 3-inch resolution and tiled according to
PLSS quarter sections. Orthoimagery tiles will be delivered as GeoTIFF
and MrSID format (with world files). Orthoimagery tiles will be prepared in
a fashion which minimizes “white space” or “void areas” around the
exterior of the municipality.
1.2.2.3 A digital orthoimagery mosaic will be prepared for the entire project area
and delivered as MrSID compressed format.
1.2.2.4 Digital orthoimagery will conform to horizontal accuracy consistent with
National Map Accuracy Standards for 1” = 50’ map scale.
1.2.2 Prepare metadata for all delivered products.
96
Page 2 of 8
1.2.3 Deliverable products will include:
• Digital orthoimagery tiles in uncompressed TIFF format (with world files)
• Digital orthoimagery tiles in compressed MrSID format (with world files)
• Project-wide mosaic in MrSID format
• FGDC compliant metadata
ARTICLE 2 – CHANGES IN THE SCOPE OF SERVICES
2.1 Services Requiring Authorization in Advance
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services as hereinafter provided. These services are not included as part of 1.2 Geospatial
Services and will be paid for by OWNER as indicated in Article 5.
2.1.1 Services to investigate existing conditions or facilities or to verify the accuracy of
information furnished by OWNER.
2.1.2 Services resulting from significant changes in the general scope, extent or
character of the Project.
2.1.3 Furnishing services of independent professional associates and consultants for
other than Basic Services.
2.1.4 Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the
Project.
2.1.5 Additional services in connection with the Project, including services which are to
be furnished by OWNER, and services not otherwise provided for in this
Agreement.
ARTICLE 3 – OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so as not to delay the services of
CONSULTANT:
3.1 Designate in writing a person to act as OWNER's representative.
3.2 Provide all criteria and full information as to OWNER's requirements.
3.3 Place at CONSULTANT's disposal all available pertinent information.
3.4 Other special data or consultations not covered under BASIC SERVICES and
ADDITIONAL SERVICES.
3.5 To the extent allowed by law, arrange for access to and make all provisions for
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CONSULTANT to enter upon public and private property as required for CONSULTANT
to perform services under this Agreement.
3.6 Furnish approvals and permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for
completion of the Project.
3.7 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise
becomes aware of any development that affects the scope or timing of CONSULTANT's
services.
3.8 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in
paragraph 2.1 of this Agreement or other services as required.
3.9 OWNER has designated the following representative to serve as the Quality
Assurance/Quality Control for the project: Thomas Thomey; MGP, Inc.; 701 Lee Street;
Suite 1020; Des Plaines, IL 60016; Phone: (847) 656-5698. CONSULTANT will deliver
Preliminary Product to the above designee.
3.10 OWNER will provide CONSULTANT with accurate boundaries for the mapping to be
performed under Article 1 by May 1, 2015. The boundary will be provided to
CONSULTANT in ESRI shapefile or geodatabase format.
3.11 Prior to commencement of mapping, OWNER will provide CONSULTANT with the GIS
Consortium’s most current ESRI Geodatabase which includes the existing Planimetric
and Digital Terrain Model (DTM). The Geodatabase shall reflect the most current
feature geometry and attribution.
ARTICLE 4 - PERIODS OF SERVICE
The provisions of this Article 4 and the compensation for CONSULTANT's services have been
agreed to in anticipation of the orderly and continuous progress of the Project.
4.1 The services called for in Article 1 - Scope of Services will be completed and submitted
as follows:
4.1.1 Preliminary Product. CONSULTANT will deliver the preliminary products to
OWNER by October 15, 2015, provided that the CONSULTANT receives the
executed contract from OWNER by May 15, 2015. Delay in contract execution
beyond this date will result in equivalent delay for delivery of mapping to
OWNER.
4.1.2 QA/QC Review. OWNER, or the designee as stated in paragraph 3.11
will review the Preliminary Product and compile suggestions for modification and
adjustment and submit review to CONSULTANT within 15 calendar days of
receipt of Preliminary Product.
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4.1.3 Final Deliverable. CONSULTANT will make final delivery of the Final
Products (all deliverables) within 15 calendar days of receipt of the QA/QC
Review from OWNER, or the designee as stated in paragraph 3.11.
4.2 CONSULTANT's services under this Agreement shall be considered complete at the
earlier of (1) the date when the submissions have been accepted by OWNER or (2) thirty
days after the date when such submissions are delivered to OWNER.
4.3 If OWNER has requested significant modifications or changes in the general scope,
extent or character of the Project, the time of performance of CONSULTANT's services
shall be adjusted equitably.
4.4 If CONSULTANT's services for the Project are delayed or suspended in whole or in part
by OWNER for more than three months for reasons beyond CONSULTANT's control,
CONSULTANT shall on written demand to OWNER (but without termination of this
Agreement) be paid as provided in paragraph 5.3.2.
ARTICLE 5 – COMPENSATION AND PAYMENTS
5.1 Compensation for Services
5.1.1 Basic Services. OWNER shall pay CONSULTANT for Basic Services rendered
as follows:
5.1.1.1 For services outlined above, OW NER shall pay CONSULTANT a lump sum fee of $42,882.00.
5.2 Times of Payments
5.2.1 CONSULTANT shall submit monthly invoices for Basic and Additional Services
rendered. OWNER shall make payments in accordance with the State of Illinois
Prompt Payment Act in response to CONSULTANT's invoices.
5.3 Other Provisions Concerning Payments
5.3.1 The OWNER shall make payments in accordance with the Local Government
Prompt Payment Act (50 ILCS 505/1).
5.3.2 In the event of termination by OWNER, CONSULTANT will be reimbursed for all
charges and services rendered as authorized by the OWNER for services
rendered up to the time of cancellation.
5.3.3 Records pertinent to CONSULTANT's compensation will be kept in accordance
with generally accepted accounting practices.
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ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 Reuse of Documents
Any reuse of the services and documents provided under this agreement for purposes not
intended, will be at the owners sole risk.
6.2 Controlling Law
This Agreement shall be governed under the laws of the State of Illinois.
6.3 Indemnification
The CONSULTANT hereby indemnifies and holds the OWNER harmless for any and all costs,
expenses, claims, lawsuits or liabilities incurred by OWNER that arise out of, or in connection
with, the Contractor's negligent acts, errors or omissions that causes harm or damage to any
person or property as a result of the professional geospatial services required to complete this
project.
6.4 Termination
The obligation to provide further services under this Agreement may be terminated by either
party upon seven calendar days' written notice in the event of substantial failure by either party
to perform in accordance with the terms hereof through no fault of the terminating party.
6.5 Copyright Assignment
The CONSULTANT assigns copyright to the OWNER for all deliverable products produced
under this contract. All deliverable products prepared by the CONSULTANT under this contract
are the property of the OWNER. The CONSULTANT agrees that the products shall not be
made available to nor used to prepare additional products for any individual or organization at
any time without prior written approval by the OWNER.
6.6 Force Majeure
Neither party will be responsible to the other for damage, loss, injury, or interruption of work if
the damage, loss, injury, or interruption of work is caused solely by conditions that are beyond
the reasonable control of the parties, and without the intentional misconduct or negligence, of
that party (hereinafter referred to as a “force majeure event”). To the extent not within the
control of either party, such force majeure events include: acts of God, acts of any governmental
authorities, fire, explosions or other casualties, vandalism, and riots or war. A party claiming a
force majeure event (“the claiming party”) shall promptly notify the other party in writing,
describing the nature and estimated duration of the claiming party’s inability to perform due to
the force majeure event. The cause of such inability to perform will be remedied by the claiming
party with all reasonable dispatch.
ARTICLE 7 - EXHIBITS AND SCHEDULES
7.1 The following Exhibits are attached to and made a part of this Agreement.
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7.1.1 Exhibit A – Project Area Map, consists of 1 page.
7.2 This Agreement (consisting of pages 1 to 7, inclusive), together with the Exhibits and
Attachments identified above, constitute the entire agreement between OWNER and
CONSULTANT and supersede all prior written or oral understandings. This Agreement
and said Exhibits may only be amended, supplemented, modified or canceled by a duly
executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day and year first written above.
City of Lake Forest, Illinois Ayres Associates Inc
OWNER CONSULTANT
(Signature)
(Printed Name) Kirk Contrucci
(Title) Vice President
(Date)
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Exhibit A — Project Area Map
Aerial Imagery
Limits
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GIS CONSORTIUM SERVICE PROVIDER CONTRACT
This contract (this “Contract”) made and entered into this 1st day of May, 2015 (the
“Effective Date”), by and between the City of Lake Forest, an Illinois municipal corporation
(hereinafter referred to as the “Municipality”), and Municipal GIS Partners, Incorporated, 701
Lee Street, Suite 1020, Des Plaines, Illinois 60016 (hereinafter referred to as the “Consultant”).
WHEREAS, the Municipality is a member of the Geographic Information System
Consortium (“GISC”);
WHEREAS, the Consultant is a designated service provider for the members of GISC
and is responsible for providing the necessary professional staffing resource support services as
more fully described herein (the “Services”) in connection with the Municipality’s geographical
information system (“GIS”);
WHEREAS, the Municipality desires to engage the Consultant to provide the Services
on the terms set forth herein; and
WHEREAS, the Consultant hereby represents itself to be in compliance with Illinois
statutes relating to professional registration applicable to individuals performing the Services
hereunder and has the necessary expertise and experience to furnish the Services upon the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and of the promises hereinafter
set forth, it is hereby agreed by and between the Municipality and the Consultant that:
SECTION 1
SCOPE OF SERVICES
1.1 Statement of Work. This Contract contains the basic terms and conditions that
will govern the overall relationship between the Consultant and the Municipality. The
Consultant will provide the Services described in the statement of work attached hereto as
Attachment 1 (“Statement of Work”), which shall become a part of and subject to this Contract.
1.2 Supplemental Statements of Work. Any additional services to be performed by
the Consultant may be added to this Contract after the Effective Date by the mutual agreement of
the parties, which agreement will be evidenced by mutual execution of a Supplemental Statement
of Work which shall also be subject to the terms and conditions set forth in this Contract, a form
of which is attached hereto as Exhibit A.
1.3 Additional Compensation. If the Consultant wishes to make a claim for
additional compensation as a result of action taken by the Municipality, the Consultant shall give
written notice of its claim within fifteen (15) days after occurrence of such action. Regardless of
the decision of the Municipality Manager relative to a claim submitted by the Consultant, all
work required under this Contract as determined by the Municipality Manager shall proceed
without interruption.
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1.4 Contract Governs. If there is a conflict between the terms of this Contract and the
Statement of Work or any Supplemental Statement of Work, unless otherwise specified in such
Statement of Work, the terms of this Contract shall supersede the conflicting provisions
contained in such Statement of Work.
SECTION 2
PERFORMANCE OF WORK
2.1 All work hereunder shall be performed under the direction of the City Manager or
his designee (hereinafter referred to as the “Municipality Manager”) in accordance with the
terms set forth in this Contract and each relevant Statement of Work.
SECTION 3
RELATIONSHIP OF PARTIES
3.1 Independent Contractor. The Consultant shall at all times be an independent
contractor, engaged by the Municipality to perform the Services. Nothing contained herein shall
be construed to constitute a partnership, joint venture or agency relationship between the parties.
3.2 Consultant and Employees. Neither the Consultant nor any of its employees shall
be considered to be employees of the Municipality for any reason, including but not limited to
for purposes of workers’ compensation law, Social Security, or any other applicable statute or
regulation.
3.3 No Authority to Bind. Unless otherwise agreed to in writing, neither party hereto
has the authority to bind the other to any third party or to otherwise act in any way as the
representative of the other.
SECTION 4
PAYMENT TO THE CONSULTANT
4.1 Payment Terms. The Municipality agrees to pay the Consultant in accordance
with the terms and amounts set forth in the applicable Statement of Work, provided that:
(a) The Consultant shall submit invoices in a format approved by the
Municipality.
(b) The Consultant shall maintain records showing actual time devoted to
each aspect of the Services performed and cost incurred. The Consultant shall permit the
authorized representative of the Municipality to inspect and audit all data and records of the
Consultant for work done under this Contract. The Consultant shall make these records available
at reasonable times during this Contract period, and for a year after termination of this Contract.
(c) The service rates and projected utilization set forth in the applicable
Statement of Work shall adjust each calendar year in accordance with the annual rates approved
by the Board of Directors of GISC which shall be reflected in a Supplemental Statement of
Work.
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(d) Payments to the Consultant shall be made pursuant to the Illinois Local
Government Prompt Payment Act (50 ILCS 505/1 et seq.).
4.2 Service Rates. The service rates set forth in the Statement of Work include all
applicable federal, state, and local taxes of every kind and nature applicable to the Services as
well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement
benefits, pensions, annuities, or similar benefits and all costs, royalties and fees arising from the
use of, or the incorporation into, the Services, of patented or copyrighted equipment, materials,
supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim
additional compensation by reason of the payment of any such tax, contribution, premium, costs,
royalties, or fees is hereby waived and released by Consultant.
SECTION 5
TERM
5.1 Initial Term. Subject to earlier termination pursuant to the terms of this Contract,
the initial term of this Contract shall commence on the Effective Date and remain in effect for
one (1) year (the “Initial Term”).
5.2 Renewal Terms. The Initial Term may be extended for successive one (1) year
periods or for any other period as mutually agreed to in writing and set forth in a Supplemental
Statement of Work executed by both parties (each, a “Renewal Term”).
SECTION 6
TERMINATION OF CONTRACT
6.1 Voluntary Termination. Notwithstanding any other provision hereof, the
Municipality may terminate this Contract during the Initial Term or any Renewal Term, with or
without cause, at any time upon thirty (30) days prior written notice to the Consultant. The
Consultant may terminate this Contract or additional Statement of Work, with or without cause,
at any time upon sixty (60) days prior written notice to the Municipality.
6.2 Termination for Breach. Either party may terminate this Contract upon written
notice to the other party following a material breach of a material provision of this Contract by
the other party if the breaching party does not cure such breach within ten (10) days of receipt of
written notice of such breach from the non-breaching party.
6.3 Payment for Services Rendered. In the event that this Contract is terminated in
accordance with this Section 6, the Consultant shall be paid for services actually performed and
reimbursable expenses actually incurred.
SECTION 7
CONSULTANT PERSONNEL AND SUBCONTRACTORS
7.1 Adequate Staffing. The Consultant must assign and maintain during the term of
this Contract and any renewal thereof, an adequate staff of competent employees, agents, or
subcontractors (“Consultant Personnel”) that is fully equipped, licensed as appropriate and
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qualified to perform the Services as required by the Statement of Work or Supplemental
Statement of Work.
7.2 Availability of Personnel. The Consultant shall notify the Municipality as soon as
practicable prior to terminating the employment of, reassigning, or receiving notice of the
resignation of, any Consultant Personnel assigned to provide the Municipality with the Services.
The Consultant shall have no claim for damages and shall not bill the Municipality for additional
time and materials charges as the result of any portion of the Services which must be duplicated
or redone due to such termination or for any delay or extension of the time of performance as a
result of any such termination, reassigning, or resignation.
7.3 Use of Subcontractors. The Consultant’s use of any subcontractor or subcontract
to perform the Services shall not relieve the Consultant of full responsibility and liability for the
provision, performance, and completion of the Services as required by this Contract. All
Services performed under any subcontract shall be subject to all of the provisions of this
Contract in the same manner as if performed by employees of the Consultant. For purposes of
this Contract, the term "Consultant" shall be deemed to refer to the Consultant and also to refer
to all subcontractors of the Consultant.
7.4 Removal of Personnel and Subcontractors. Municipality may, upon written notice
to Consultant, request that any Consultant Personnel be removed or replaced. Consultant shall
promptly endeavor to replace such Consultant Personnel and Municipality shall have no claim
for damages for a delay or extension of the applicable Statement of Work as a result of any such
removal or replacement.
7.5 Non-Solicitation of Consultant Employees. The Municipality agrees that during
the term of this Contract and for a period of one (1) year thereafter, it shall not, directly or
indirectly, through any other person, firm, corporation or other entity, solicit, induce, encourage
or attempt to induce or encourage any employee of the Consultant to terminate his or her
employment with the Consultant or to breach any other obligation to the Consultant. The
Municipality acknowledges that the aforementioned restrictive covenant contained in this
Section is reasonable and properly required for the adequate protection of the Consultant’s
business.
SECTION 8
ACCOMMODATION OF CONSULTANT PERSONNEL; MUNICIPAL FACILITIES
8.1 Facilities and Equipment. The Municipality shall provide the Consultant with
adequate office space, furnishings, hardware, software and connectivity to fulfill the objectives
of the GIS program. Facilities and equipment include, but are not limited to, the following:
(a) Office space for the Consultant’s Personnel and periodic guests. This
space should effectively and securely house all required GIS systems, peripherals and support
tools. This space must be available during normal business hours;
(b) Furnishings including adequate desk(s), shelving, and seating for the
Consultant’s Personnel and periodic guests;
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(c) A telephone line and phone to originate and receive outside calls;
(d) A network connection with adequate speed and access to the Internet; and
(e) Hardware, software, peripherals, and network connectivity to perform the
program objectives efficiently.
8.2 Backup and Recovery Systems. The Municipality shall be responsible for
installing, operating and monitoring the backup and recovery systems for all Municipality GIS
assets that permit the Consultant to continue services within a reasonable period of time
following a disaster or outage.
8.3 Right of Entry; Limited Access. Consultant’s Personnel performing Services
shall be permitted to enter upon the Municipality’s property in connection with the performance
of the Services, subject to those rules established by the Municipality. Consent to enter upon a
Municipality’s facility given by the Municipality shall not create, nor be deemed to imply, the
creation of any additional responsibilities on the part of the Municipality. Consultant’s
Personnel shall have the right to use only those facilities of the Municipality that are necessary to
perform the Services and shall have no right to access any other facilities of the Municipality.
SECTION 9
CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY; FOIA
9.1 Municipal Materials. The Consultant acknowledges and agrees that all
trademarks, service marks, logos, tradenames and images provided by or on behalf of the
Municipality to the Consultant for use in performing the Services and the GIS database
(including files created from the database) created by Consultant hereunder (the “Municipal
Materials”) are the sole and exclusive property of the Municipality. The Consultant
acknowledges that this Contract is not a license to use the Municipal Materials except as needed
to perform the Services hereunder.
9.2 Third-Party Materials. If applicable, to the extent the Consultant has agreed to
obtain and/or license Third-Party Materials on behalf of Municipality, the Consultant shall obtain
a license for Municipality to use the Third-Party Materials as part of the Services for the purpose
specified in the applicable Statement of Work. “Third-Party Materials” shall include, but are
not limited to, computer software, script or programming code or other materials owned by third
parties and/or any software available from third parties, that is licensed by Consultant for the
benefit of the Municipality.
9.3 GISC Materials. It is expressly understood that, excluding the Municipal
Materials and Third-Party Materials, all members of GISC and the Consultant may use or share
in any improvements or modifications incorporated into any computer software (in object code
and source code form), script or programming code used or developed by the Consultant in
providing Services hereunder (the “GISC Materials”).
(a) The Consultant herby grants the Municipality a limited, personal,
nontransferable, non-exclusive license to use the GISC Materials solely for the purpose of and in
connection with the Municipality’s GIS. Upon expiration or termination of this Contract, or at
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such time the Municipality is no longer a member of GISC or in breach of its obligations
hereunder, the Municipality shall not be entitled to or granted a license in future enhancements,
improvements or modifications in the GISC Materials. The Municipality may grant a sublicense
to a third party that the Municipality engages to maintain or update the GISC Materials in
connection with the Municipality’s GIS; provided that such third party agrees in writing to be
bound by the license restrictions set forth in this Contract.
(b) The Municipality acknowledges that the Consultant is in the business of
providing staffing resource support services and that the Consultant shall have the right to
provide services and deliverables to third parties that are the same or similar to the services that
are to be rendered under this Contract, and to use or otherwise exploit any GISC Materials in
providing such services. The Municipality hereby grants to the Consultant, a royalty-free, non-
exclusive, irrevocable license throughout the world to publish modify, transfer, translate, deliver,
perform, use and dispose of in any manner any portion of the GISC Materials.
9.4 Confidential Information. In the performance of this Contract, the Consultant may
have access to or receive certain information in the possession of the Municipality that is not
generally known to members of the public ("Confidential Information"). The Consultant
acknowledges that Confidential Information includes, but is not limited to, proprietary
information, copyrighted material, educational records, employee data, financial information,
information relating to health records, resident account information, and other information of a
personal nature. Consultant shall not use or disclose any Confidential Information without the
prior written consent of the Municipality. Consultant will use appropriate administrative,
technical and physical safeguards to prevent the improper use or disclosure of any Confidential
Information received from or on behalf of the Municipality. Upon the expiration or termination
of this Contract, Consultant shall promptly cease using and shall return or destroy (and certify in
writing destruction of) all Confidential Information furnished by the Municipality along with all
copies thereof in its possession including copies stored in any computer memory or storage
medium. The term “Confidential Information” does not include information that (a) is or
becomes generally available to the public other than as a result of a breach of this Contract by the
Consultant; (b) was in the Consultant’s or Consultant Personnel’s possession on a non-
confidential basis from any source other than the Municipality, which source, to the knowledge
of the Consultant, is entitled to disclose such information without breach of any obligation of
confidentiality; or (c) is independently developed by the Consultant without the use of or
reference to, in whole or in part, any Confidential Information. For avoidance of doubt, it is
agreed that the GISC Materials shall not be considered Confidential Information.
9.5 Dissemination of Confidential Information. Unless directed by the Municipality,
Consultant shall not disseminate any Confidential Information. If Consultant is presented with a
request for documents by any administrative agency or with a subpoena duces tecum regarding
any Confidential Information which may be in Consultant's possession as a result of Services
provided under this Contract, unless prohibited by law, Consultant shall immediately give notice
to the Municipality with the understanding that the Municipality shall have the opportunity to
contest such process by any means available to it prior to submission of any documents to a court
or other third party. Consultant shall not be obligated to withhold delivery of documents beyond
the time ordered by a court of law or administrative agency, unless the request for production or
subpoena is quashed or withdrawn, or the time to produce is otherwise extended. Consultant
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shall cause its personnel, staff and subcontractors, if any, to undertake the same obligations
regarding confidentiality and dissemination of information as agreed to by Consultant under this
Contract.
9.6 Freedom of Information Act Requests. No less than five (5) business days after
the Municipality’s Notice to the Consultant of the Municipality’s receipt of a request made
pursuant to the Illinois Freedom of Information Act (ILCS 140/1 et seq. – herein “FOIA”), the
Consultant shall furnish all requested records in the Consultant’s possession which are in any
manner related to this Contract or the Consultant’s performance of the Services, including but
not limited to any documentation related to the Municipality and associated therewith. The
Consultant shall not apply any costs or charge any fees to the Municipality or any other person,
firm or corporation for its procurement and retrieval of such records in the Consultant’s
possession which are sought to be copied or reviewed in accordance with such FOIA request or
requests. The Consultant shall defend, indemnify and hold harmless the Municipality including
its several departments and including its officers and employees and shall pay all of the
Consultant’s Costs associated with such FOIA request or requests including Costs arising from
the Consultant’s failure or alleged failure to timely furnish such documentation and/or arising
from the Consultant’s failure or alleged failure otherwise to comply with the FOIA, whether or
not associated with the Consultant’s and/or the Municipality’s defense of any litigation
associated therewith. In addition, if the Consultant requests the Municipality to deny the FOIA
request or any portion thereof by utilizing one or more of the lawful exemptions provided for in
the FOIA, the Consultant shall pay all Costs in connection therewith. As used herein, “in the
Consultant’s possession” includes documents in the possession of any of the Consultant’s
officers, agents, employees and/or independent contractors; and “Costs” includes but is not
limited to attorneys’ fees, witness fees, filing fees and any and all other expenses — whether
incurred by the Municipality or the Consultant.
9.7 News Releases. The Consultant may not issue any news releases without prior
approval from the Municipality Manager nor will the Consultant make public proposals
developed under this Contract without prior written approval from the Municipality Manager.
SECTION 10
LIMITATION OF LIABILITY
10.1 THE REPRESENTATIONS SET FORTH IN THIS CONTRACT ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED
WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE
OF PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL EITHER THE
CONSULTANT OR THE MUNICIPALITY BE LIABLE TO THE OTHER FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING
LOST SALES OR PROFITS, IN CONNECTION WITH THIS CONTRACT, EVEN IF IT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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SECTION 11
CONSULTANT WARRANTY; INDEMNIFICATION; INSURANCE
11.1 Warranty of Services. The Consultant warrants that the Services shall be
performed in accordance with industry standards of professional practice, care, and diligence
practiced by recognized consulting firms in performing services of a similar nature in existence
at the time of the Effective Date. Unless expressly excluded by this Contract, the warranty
expressed shall be in addition to any other warranties expressed in this Contract, or expressed or
implied by law, which are hereby reserved unto the Municipality.
11.2 Indemnification. The Consultant shall indemnify and save harmless the
Municipality and its officers, employees, and agents from and against any and all loss, liability
and damages of whatever nature, including Workmen’s Compensation claims by Consultant’s
employees, in any way resulting from or arising out of the negligent actions or omissions of the
Consultant, the Consultant’s employees and agents.
11.3 Insurance. The Consultant must procure and maintain, for the duration of this
Contract, insurance as provided in Attachment 2 to this Contract.
11.4 No Personal Liability No official, director, officer, agent, or employee of any
party shall be charged personally or held contractually liable by or to the other party under any
term or provision of this Contract or because of its or their execution, approval or attempted
execution of this Contract.
SECTION 12
GENERAL PROVISIONS
12.1 No Collusion. The Consultant represents and certifies that the Consultant is not
barred from contracting with a unit of state or local government as a result of (i) a delinquency in
the payment of any tax administered by the Illinois Department of Revenue unless the Consultant
is contesting, in accordance with the procedures established by the appropriate revenue act, its
liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the
Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3
or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.
12.2 Sexual Harassment Policy. The Consultant certifies that it has a written sexual
harassment policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act,
775 ILCS 5/2-105(A)(4).
12.3 Compliance with Laws and Grants. Consultant shall give all notices, pay all fees,
and take all other action that may be necessary to ensure that the Services are provided,
performed, and completed in accordance with all required governmental permits, licenses, or
other approvals and authorizations that may be required in connection with providing,
performing, and completing the Services, and with all applicable statutes, ordinances, rules, and
regulations, including without limitation the Fair Labor Standards Act; any statutes regarding
qualification to do business; any statutes prohibiting discrimination because of, or requiring
affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited
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classification, including, without limitation, the Americans with Disabilities Act of 1990, 42
U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq.
Consultant shall also comply with all conditions of any federal, state, or local grant received by
Municipality or Consultant with respect to this Contract or the Services.
12.4 Assignments and Successors. This Contract and each and every portion thereof
shall be binding upon the successors and the assigns of the parties hereto; provided, however,
that no assignment, delegation or subcontracting shall be made without the prior written consent
of the Municipality.
12.5 Severability. The parties intend and agree that, if any paragraph, subparagraph,
phrase, clause, or other provision of this Contract, or any portion thereof, shall be held to be void
or otherwise unenforceable, all other portions of this Contract shall remain in full force and
effect.
12.6 Third Party Beneficiary. No claim as a third party beneficiary under this Contract
by any person, firm, or corporation other than the Consultant shall be made or be valid against
the Municipality.
12.7 Waiver. No waiver of any provision of this Contract shall be deemed to or
constitute a waiver of any other provision of this Contract (whether or not similar) nor shall any
such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided
in this Contract.
12.8 Governing Laws. This Contract shall be interpreted according to the internal
laws, but not the conflict of laws rules, of the State of Illinois. Venue shall reside in Cook
County, Illinois.
12.9 Headings. The headings of the several paragraphs of this Contract are inserted
only as a matter of convenience and for reference and in no way are they intended to define,
limit, or describe the scope of intent of any provision of this Contract, nor shall they be construed
to affect in any manner the terms and provisions hereof or the interpretation or construction
thereof.
12.10 Modification or Amendment. This Contract constitutes the entire Contract of the
parties on the subject matter hereof and may not be changed, modified, discharged, or extended
except by written amendment or Supplemental Statement of Work duly executed by the parties.
Each party agrees that no representations or warranties shall be binding upon the other party
unless expressed in writing herein or in a duly executed amendment hereof.
12.11 Attachments and Exhibits. Attachments 1 and 2 and Exhibit A are attached
hereto, and by this reference incorporated in and made a part of this Contract. In the event of a
conflict between any Attachment or Exhibit and the text of this Contract, the text of this Contract
shall control. In the event of any conflict or inconsistency between the terms of this Contract and
any Supplemental Statement of Work, the terms of the Supplemental Statement of Work will
govern and control with respect to the term, projected utilization rates, service rates and scope of
services. .
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12.12 Rights Cumulative. Unless expressly provided to the contrary in this Contract,
each and every one of the rights, remedies, and benefits provided by this Contract shall be
cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by
law.
12.13 Notices. All notices, reports and documents required under this Contract shall be
in writing (including prepaid overnight courier, electronic transmission or similar writing) and
shall be given to such party at its address or e-mail address set forth below, or at such other
address or e-mail address as such party may hereafter specify from time to time. Each such
notice shall be effective (i) if given by first class mail or prepaid overnight courier, when
received, or (ii) if sent to an e-mail address, upon the sender’s receipt of an acknowledgment
from the intended recipient (such as by the “return receipt requested” function, as available,
return e-mail or other written acknowledgment).
If to Municipality: City of Lake Forest
Brian Joyce
800 North Field Drive
Lake Forest, IL 60045
E-mail: joyceb@cityoflakeforest.com
If to Consultant: Municipal GIS Partners, Incorporated
Thomas A. Thomey
701 Lee Street, Suite 1020
Des Plaines, IL 60016
E-mail: tthomey@mgpinc.com
12.14 Counterpart Execution. This Contract, Statement of Work or any Supplemental
Statement of Work may be executed in several counterparts, each of which, when executed, shall
be deemed to be an original, but all of which together shall constitute one and the same
instrument.
[REMAINDER INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto as
of the date first above written.
ATTEST:
By: ________________________________
Name:______________________________
Its:_________________________________
CITY OF LAKE FOREST
By:_________________________________
Name:______________________________
Its:_________________________________
ATTEST:
By:
Name; Donna Thomey
Its: Office Administrator
CONSULTANT:
MUNICIPAL GIS PARTNERS,
INCORPORATED
By:
Name: Thomas Thomey
Its: President
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Attachment 1
Statement of Work
to
GIS Consortium Service Provider Contract
1) General Purpose. The Consultant will perform all or part of the Municipality’s
geographic information system (GIS) management, development, operation, and maintenance.
In addition to supporting the existing GIS program, the Consultant will identify opportunities for
continued development and enhancement.
The Municipality will be sharing management, development, maintenance expertise and
staffing with other municipalities as a member of the Geographic Information System
Consortium (GISC). The benefits to the Municipality include, but are not limited to, collective
bargaining for rates and services, shared development costs, and joint purchasing and training.
The Consultant is the sole Service Provider for GISC and is responsible for providing the
necessary GIS professional resources to support this entity. The Consultant will facilitate and
manage resource, cost, and technical innovation sharing among GISC members.
2) Service Types. The Consultant will provide two (2) service types. The intent of
this distinction is to track specific types of investment without overburdening general operation
of the GIS program. Many of these services will go unnoticed but are required to sustain the GIS
program. The Consultant will employ reasonable professional discretion when specific direction
is not provided. The two (2) services types are as follows:
A. Services related to the direct management, development, operation, and
maintenance of the GIS required to reasonably support the system.
B. Services relating to the investigation, research, and development of new
functionality and capability for the GIS Consortium and its members.
3) Services. The Consultant will provide the necessary resources to support the GIS
program. The allocation of these resources will be reasonably commensurate with the level of
expertise required to fulfill the specific task which includes, but is not limited to, the following:
A. The GIS Specialist provides the daily operation, maintenance, and support
of the GIS program for the community. The GIS Specialist is responsible for database
development and maintenance, map and product development, user training, help-desk, system
support, and program documentation.
B. GIS/RAS (Remote Access Service) Specialist provides the same services
as the GIS Specialist utilizing equipment hosted by the Consultant.
C. The GIS Coordinator is responsible for the coordination and operation of
the GIS program for the community including planning, forecasting, resource allocation and
performance management.
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D. The GIS Analyst is responsible for providing technical support to the GIS
Specialist including trouble-shooting, special projects, and access to GISC shared applications
and extensions. The GIS Analyst also supports the development of GISC projects and programs.
E. The GIS Platform Administrator is responsible for developing, managing,
and directing the GISC solutions including the data model, databases and centralized software
applications offered by the GISC.
F. The GIS Application Developer is responsible for developing, testing, and
supporting software applications developed by the GISC for its members.
G. The GIS Manager is responsible for the overall development and
implementation of the GISC program based on the direction and instructions of the GISC Board
of Directors.
4) Projected Utilization and Service Rates. The service rates set forth below are
based on, among other things, the negotiated annual projected utilization of all GISC members.
The Consultant shall negotiate annually with the Board of Directors (the “Board”) of GISC to
adjust the annual projected utilization and service rates for the members of GISC. It is
anticipated that the Consultant will submit its proposed annual projected utilization and service
rates (the “Proposal”) to the Board for approval every year on or about July 31st. Upon the
Board’s approval of the Proposal, the annual projected utilization and service rates shall become
binding on the Municipality and incorporated into this Contract by reference, which shall
automatically become effective on January 1st and remain in effect for the remainder of such
calendar year. The approved annual projected utilization and the service rates will be promptly
distributed by the Board or the Consultant to the Municipality. Notwithstanding the foregoing,
in the event the Board, for any reason whatsoever (including the Board being disbanded) does
not approve the Proposal, the Consultant may submit its proposed annual projected utilization
and service rates directly to the Municipality by no later than October 1st, and upon written
approval by the Municipality shall become effective on January 1st. Consultant agrees that, each
year, the new aggregate annual contract value for the Municipality will not exceed the greater of
(i) cost-of-living adjustments based on the CPI1 measured as of the most recent CPI number
available prior to submitting the Proposal, or (ii) 3%. The GISC service and projected utilization
rates set forth below are effective as of the Effective Date until December 31st:
A. Projected Utilization
1. 1644 hours of GIS Specialist
1For purposes of this Contract, “CPI” shall mean the all items Consumer Price Index for all Urban Consumers in the Chicago-Gary-Kenosha area. In the event that publication or issuance of the Index is discontinued or suspended, the CPI shall be an index published or issued by the United States Department of Labor or any bureau or agency thereof that computes information from substantially the same statistical categories and substantially the same geographic areas as those computed in the CPI and that weights such categories in a substantially similar way to the weighting of the CPI at the Effective Date. The CPI rates, solely for reference purposes, may be accessed at http://www.bls.gov/ro5/cpichi.htm, it being understood that the Consultant makes no representation or warranty that the rates published on such website are accurate.
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2. X hours of GIS/RAS Specialist
3. 164 hours of GIS Coordinator
4. 164 hours of GIS Analyst
5. 114 hours of GIS Platform Administrator
6. 114 hours of GIS Application Developer
7. 114 hours of GIS Manager
B. Service Rates
1. $ 72.40 per hour for GIS Specialist
2. $ 75.90 per hour for GIS/RAS Specialist
3. $ 91.80 per hour for GIS Coordinator
4. $ 91.80 per hour for GIS Analyst
5. $114.70 per hour for GIS Platform Administrator
6. $114.70 per hour for GIS Application Developer
7. $114.70 per hour for GIS Manager
Total Not-to-Exceed Amount for Services (Numbers): $188,494.
Total Not-to-Exceed Amount for Services (Figures): One hundred eighty-eight thousand four
hundred ninety-four dollars and zero cents.
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Attachment 2
To GIS Consortium Service Provider Contract
Insurance
Consultant’s Insurance
Consultant shall procure and maintain, for the duration of this Contract, insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability
occurrence form CG 0001 with the Municipality named as additional insured, on a form
at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026
2. Insurance Service Office Business Auto Liability coverage form
number CA 0001, Symbol 01 “Any Auto.”
3. Workers’ Compensation as required by the Labor Code of the State
of Illinois and Employers’ Liability insurance.
B. Minimum Limits of Insurance: Consultant shall maintain limits no less
than:
1. Commercial General Liability: $1,000,000 combined single limit
per occurrence for bodily injury, personal injury and property damage. The general
aggregate shall be twice the required occurrence limit. Minimum General Aggregate
shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit
per accident for bodily injury and property damage.
3. Workers’ Compensation and Employers’ Liability: Workers’
Compensation coverage with statutory limits and Employers’ Liability limits of $500,000
per accident.
C. Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by the Municipality. At the option of the
Municipality, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as it respects the Municipality, its officials, agents, employees and volunteers; or the
Consultant shall procure a bond guaranteeing payment of losses and related investigation, claim
administration and defense expenses.
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D. Other Insurance Provisions: The policies are to contain, or be endorsed to
contain, the following provisions:
1. General Liability and Automobile Liability Coverages: The
Municipality, its officials, agents, employees and volunteers are to be covered as insureds
as respects: liability arising out of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant; premises owned, leased or used by
the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the
Municipality, its officials, agents, employees and volunteers.
2. The Consultant’s insurance coverage shall be primary as respects
the Municipality, its officials, agents, employees and volunteers. Any insurance or self-
insurance maintained by the Municipality, its officials, agents, employees and volunteers
shall be excess of Consultant’s insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the Municipality, its officials, agents, employees
and volunteers.
4. The Consultant’s insurance shall contain a Severability of
Interests/Cross Liability clause or language stating that Consultant’s insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer’s liability.
5. If any commercial general liability insurance is being provided
under an excess or umbrella liability policy that does not “follow form,” then the
Consultant shall be required to name the Municipality, its officials, employees, agents
and volunteers as additional insureds
6. All general liability coverages shall be provided on an occurrence
policy form. Claims-made general liability policies will not be accepted.
7. The Consultant and all subcontractors hereby agree to waive any
limitation as to the amount of contribution recoverable against them by the Municipality.
This specifically includes any limitation imposed by any state statute, regulation, or case
law including any Workers’ Compensation Act provision that applies a limitation to the
amount recoverable in contribution such as Kotecki v. Cyclops Welding.
E. All Coverages: Each insurance policy required by this paragraph shall be
endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or
in limits except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the Municipality.
F. Acceptability of Insurers: Insurance is to be placed with insurers with a
Best’s rating of no less than A-, VII and licensed to do business in the State of Illinois.
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G. Verification of Coverage: Consultant shall furnish the Municipality with
certificates of insurance naming the Municipality, its officials, agents, employees, and volunteers
as additional insured’s and with original endorsements, affecting coverage required herein. The
certificates and endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The certificates and endorsements are to be
received and approved by the Municipality before any work commences. The Municipality
reserves the right to request full certified copies of the insurance policies and endorsements.
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Exhibit A
Form of Supplemental Statement of Work
Pursuant to and in accordance with Section 1.2 of that certain GIS Consortium Service
Provider Contract dated [INSERT DATE] (the “Contract”) between the__________________
of _______________________ (the “Municipality”) and Municipal GIS Partners, Incorporated
(the “Consultant”) hereby agree to the following SUPPLEMENTAL STATEMENT OF WORK
(“SOW”):
1. Description of Additional Services:
[None] or [Describe new services being provided or no longer being provided. Note if
Supplemental Statement of Work is intended to replace a previously approved and
effective Statement of Work]
2. Project Schedule/Term:
[Insert date by which supplemental work must be commenced and completed with any
appropriate milestones]
3. Projected Utilization: [Insert rate effective dates]
A. _____ hours of GIS Specialist
B. _____ hours of GIS/RAS Specialist
C. _____ hours of GIS Coordinator
D. _____ hours of GIS Analyst
E. _____ hours of GIS Platform Administrator
F. _____ hours of GIS Application Developer
G. _____ hours of GIS Manager
4. Service Rates: [Insert rate effective dates]
A. $_____ per hour for GIS Specialist
B. $_____ per hour for GIS/RAS Specialist
C. $_____ per hour for GIS Coordinator
D. $_____ per hour for GIS Analyst
E. $_____ per hour for GIS Platform Administrator
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F. $_____ per hour for GIS Application Developer
G. $_____ per hour for GIS Manager
Total Not-to-Exceed Amount for Services (Numbers) : $[INSERT]
Total Not-to-Exceed Amount for Services (Figures) : [INSERT]
In the event of any conflict or inconsistency between the terms of this SOW and this
Contract or any previously approved SOW, the terms of this SOW will govern and control with
respect to the term, projected utilization rates, service rates and scope of services. All other
conflicts or inconsistencies between the terms of this Contract and this SOW shall be governed
and controlled by this Contract. Any capitalized terms used herein but not defined herein shall
have the meanings prescribed to such capitalized term in this Contract.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto as
of the date first above written.
ATTEST:
Municipality Clerk
Municipality of
By:
[MUNICIPALITY/CITY] Manager
ATTEST:
By
Its
CONSULTANT:
MUNICIPAL GIS PARTNERS,
INCORPORATED
By
Its
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N SHERIDAN RDRAVINE PARK DR
500
405
4
1
5
501
420
1565157515911590µPROPOSED SIDEWALK
1" = 60'
PROPOSED LAKE FOREST
SIDEWALK
CITY LIMIT
PROPOSED LAKE BLUFF
SIDEWALK
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LAKE FOREST AND LAKE FOREST OPEN LANDS
ASSOCIATION
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is executed and entered into
as of the ____ day of _________ 2015, by and between THE CITY OF LAKE FOREST
("CITY"), a special charter and home rule unit of local government and LAKE FOREST OPEN
LANDS ASSOCIATION ("ASSOCIATION”), an Illinois not for profit corporation.
WHEREAS, the mission of the CITY is to achieve the goal of being the best-managed,
fiscally responsible and appealing community in the United States by promoting a living and
working environment built upon a community spirit of trust, respect and broad-based citizen
involvement; and
WHEREAS, the mission of the ASSOCIATION, a nationally accredited, non-profit and
community-based land trust incorporated in 1967, is to be an independently funded conservation
and education organization devoted to the acquisition and stewardship of our natural landscapes,
and to ensuring all generations have a meaningful, lasting connection to nature and our land, and
WHEREAS, the ASSOCIATION is proud to be the only land trust in Illinois that has
achieved national re-accreditation from the Land Trust Alliance Accreditation Commission in
recognition of meeting the highest national quality standards for excellence in permanently
protecting important natural places and working lands forever, and
WHEREAS, the ASSOCIATION employs a full-time team of trained and certified
restoration ecologists that annually manage, steward, and restore over 805 acres of local natural
areas including 330 acres directly owned, 265 acres preserved via 85 independent conservation
easements, and over 204 acres of land under lease, and
WHEREAS, the ASSOCIATION possesses the special expertise, financial resources, and
organizational mission to manage and restore some of the most rare and valued natural areas and
public nature preserves within our CITY which currently includes the very highest quality
natural areas such as Middlefork Savanna, Shaw Prairie, and Haffner Meadow, all areas
recognized and dedicated by the Illinois Nature Preserves Commission as deserving the highest
level of protection and recognition in the State of Illinois, and
WHEREAS, on May 6, 2002 the CITY passed a resolution Regarding the Preservation of
Open Space declaring "that the City of Lake Forest is blessed with an abundance of natural,
historic, architectural and cultural assets including ravines, prairies, woods, shoreline on Lake
Michigan, estates and landscaped estate grounds" and added that "it is the policy of the City of
Lake Forest to preserve its natural, historic, architectural, and cultural assets through all means",
and
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WHEREAS, the CITY and ASSOCIATION have enjoyed a successful historic
public/private partnership that has enhanced the quality of life in our community by preserving
open space, creating conservation-based developments, enacting positive open space zoning
policies, and partnering on numerous open space and environmental initiatives, and
WHEREAS, the CITY owns a 61 acre parcel along Sheridan Road in southeast Lake
Forest commonly known as McCormick Ravine, and
WHEREAS, McCormick Ravine is a quasi-public community natural area with a unique
and highly-diverse ecosystem of deep ravines, uplands, eroded bluffs, and remnants of high
quality seeps and mesic forest including threatened and endangered species, and
WHEREAS, McCormick Ravine has important natural, environmental, and cultural value
to our community, yet requires a substantial investment in restoration to address significant
threats to its long-term health, increasingly degraded natural infrastructure, and aesthetic value,
and
WHEREAS, the CITY and the ASSOCIATION currently share in a formal Land
Management Agreement, otherwise known as the Master Lease Agreement, entered into on
August 18, 1995 in which the ASSOCIATION agrees to assist with the stewardship of
McCormick Ravine among other open space properties owned by the CITY, and
WHEREAS, the ASSOCIATION has been privileged to volunteer and donate its time
and resources for 20 years to help research, educate students and adults, manage and protect
McCormick Ravine as part of the Master Lease Agreement and considers the accelerated
investment in the long term protection and restoration focus of McCormick Ravine as its top
conservation priority within our community, and
WHEREAS, the ASSOCIATION owns a 1.25 acre open space parcel at the southeast
corner of East Deerpath Road and North Green Bay Road commonly known as Open Lands
Park, a centrally-located parcel in our community that represents a gateway to the CITY's
historic business district, and
WHEREAS, the CITY possesses the skills and resources to own, manage, and improve
public parks and specialized public open spaces within our CITY boundaries to maximize their
beauty, function, and usefulness for the enjoyment and economic benefit of our residents, and
WHEREAS, the CITY is the property owner of the historic Elawa Farm complex
contiguous to the ASSOCIATION'S Middlefork Nature Preserve that includes outbuildings,
historic grounds and formal garden for the enjoyment of the public, and
WHEREAS, the ASSOCIATION owns an approximately one quarter acre, triangular-
shaped parcel encompassing the southeast corner of the Elawa Farm formal garden (the “Elawa
Triangle”) which is currently licensed to the CITY for the benefit of residents and to allow the
Elawa Farm Foundation to conduct varied programming, and
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WHEREAS, the CITY and the ASSOCIATION recognize all of the above properties as
important recreational and public open space resources that require appropriate and specialized
land management and maintenance; and
WHEREAS, the CITY and the ASSOCIATION mutually respect the desire by each party
that all described properties remain in ownership by the respective parties as beautiful and
protected open space areas accessible to all residents of Lake Forest in perpetuity, and
WHEREAS, the CITY and the ASSOCIATION desire to exchange (hereinafter called
"SWAP") the respective ownership of these properties to better meet the long-term management
responsibilities and restoration potential of each parcel to best serve the interests of the citizens
of the CITY; and
WHEREAS, as part of this SWAP the ASSOCIATION respects the desire of the CITY to
maintain a summer recreation camp on a western portion of the McCormick Ravine premises and
intends to lease a specified portion of McCormick Ravine to the CITY for the camp, and
WHEREAS, the United States Congress has found that the Great Lakes comprise a
nationally and internationally significant fishery and ecosystem that should be developed and
enhanced in a coordinated manner; and Section 506 of the Water Resources Development Act of
2000 authorized the Great Lakes Fishery & Ecosystem Restoration program ("GLFER"), and
WHEREAS, GLFER is implemented by the United States Army Corps of Engineers
("USACE") in participation with the Great Lakes Fishery Commission, which coordinates
proposals by state, tribal, and federal partners, and individual projects requiring non-Federal
partner(s) to provide 35% of project costs and to operate and maintain the completed projects,
and
WHEREAS, as part of this SWAP the ASSOCIATION intends to commit the substantial
financial (cash and in-kind) resources necessary to meet the cost and management requirements
for both parties to jointly agree to engage in an intensive restoration of McCormick Ravine as
part of the Army Corps of Engineers' federally-funded GLFER program, and now
THEREFORE, in order to begin the planning and preparation of legal documents and to
obtain the necessary commitments from donors and others the CITY and the ASSOCIATION
hereby express their mutual understanding and intentions as follows:
I. LAND SWAP GOAL
The City of Lake Forest and Lake Forest Open Lands Association intend to engage in a
"land swap" (SWAP) that equitably and reasonably reassigns the ownership of valuable open
space parcels within their community to enhance public use and enjoyment and importantly
provide more appropriate long-term funding and a management focus that will restore and
improve each of the properties. Specifically, this SWAP will include and depend upon the
following:
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II. FRAMEWORK AND EXPECTATIONS OF SWAP:
A. Lake Forest Open Lands intends to:
1) Provide at least $600,000 in cash or equivalent to fund the USACE's required cash match
portion of the estimated $3.6 million restoration project being proposed and funded under the
USACE's GLFER program for McCormick Ravine. [Contribution amounts are based upon
the estimated GLFER cost share formula of 65% Federal and 35% non-Federal, recognizing
that the Non-Federal share can be a combination of authorized real estate land value Land,
Easements, Right of Way, Relocation, and Disposal Areas ("LERRD"), work in-kind
("WIK"), or cash.]
2) Demonstrate that USACE requirements for ongoing monitoring and maintenance of
McCormick Ravine, pursuant to completion of the GLFER program, will be provided by the
ASSOCIATION.
3) Serve as the primary "Project Manager" for the GLFER project upon joint signing of the
USACE's Project Partner Agreement ("PPA").
4) Agree to an annual lease to allow continuation of the CITY's traditional summer camp in
the current location in McCormick Ravine (the “Camp Area”) on terms mutually acceptable
to CITY and ASSOCIATION, recognizing the camp's long tradition and overriding
importance of preserving the ecological integrity of McCormick Ravine.
5) Upon transfer of McCormick Ravine from the CITY to the ASSOCATION, agree that
McCormick Ravine shall be open to the citizens of Lake Forest, subject to reasonable and
necessary limitations to preserve its ecological integrity.
6) Apply for formal protection of the majority of McCormick Ravine (exclusive of the Camp
Area) from the Illinois Nature Preserves Commission ("INPC") pursuant to final property
transfer to the ASSOCIATION, completion of USACE and U.S. Army restoration work, and
completion of a preserve recreational access and improvement plan.
7) Transfer ownership of Open Lands Park to CITY as irrevocable open space (see
Attachment A).
8) Transfer ownership of the Elawa Triangle to the CITY as irrevocable open space (see
Attachment B).
B. The City of Lake Forest intends to:
1) Transfer ownership of the 61 acre McCormick Ravine from the CITY to ASSOCIATION
as irrevocable permanent open space (see Attachment C).
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• "Timing" of final title transfer scheduled so as not to impact "Land Value Credit"
from USACE.
• Both entities will consider the advantage of a "2-phase" transfer of McCormick
Ravine so that the CITY can manage completion of the U.S. Army dump removal
(tentatively scheduled for 2016) prior to transfer of this specific section of the
property, while also guaranteeing the ASSOCIATION permanent easement over the
U.S. Army dump section of the ravine property to the east regardless of this project
completion.
2) Agree to deliver the estimated WIK portion of GLFER non-Federal share (est. $50,000).
3) Provide authorization to the ASSOCIATION to install and maintain signage on Sheridan
Road identifying McCormick Ravine as one of Lake Forest Open Lands' public nature
preserves, with size and type to mirror signage currently approved by the CITY for the
ASSOCATION's Mellody Farm Nature Preserve sign on Waukegan Road; provided that
such authorization shall be a condition to the transfer of the McCormick Ravine and subject
to all required notices and hearings.
4) Assist the ASSOCIATION in the management and oversight of the GLFER Project
pursuant to joint Project Partner Agreement ("PPA") signing as necessary, including offering
the special expertise of CITY including, but not limited to engineers, Parks and Recreation
Department staff, and City Forestry Department staff;
5) Defend and indemnify the ASSOCIATION and hold it harmless in regard to any long term
liability, remediation costs, or removal costs associated with the CITY dump currently
located within the boundaries of McCormick Ravine (see Attachment D).
6) Take responsibility to actively engage USACE or the U.S. Army to complete removal of
the Army dump near the eastern entrance to the McCormick property before transfer of this
portion of McCormick Ravine to ASSOCIATION (see Attachment D).
7) Maintain the name Open Lands Park on the brick wall facing west as long as the wall
remains as essential infrastructure for the park.
8) Allow the donated Bronson Memorial Bench to remain on the Elawa Garden terrace
unless an express agreement is made with the ASSOCIATION to relocate the tribute gift.
9) Provide the ASSOCIATION a permanent easement for their staff (not for the public) to
access McCormick Ravine via the existing CITY easement to the pumping station at the
southern end of Circle Lane.
C. City and Lake Forest Open Lands jointly intend:
1) Become joint signatories on the USACE's Project Partner Agreement ("PPA"), with the
understanding that both organizations must sign the PPA to receive Federal matching funds.
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• Create a "side agreement" to the PPA clarifying that the ASSOCIATION is
responsible for the ongoing maintenance (costs) as defined by the USACE after
McCormick Ravine ownership is transferred.
2) McCormick ownership will be transferred to the ASSOCIATION at a date mutually
agreed to which maximizes restoration funding for the GLFER ravine project and U.S. Army
dump removal.
3) The overall goal of the GLFER project in McCormick Ravine is to:
• Reduce bank erosion and improve critical hydrologic function
• Stabilize bluff, ravine and dune communities to reduce erosion and sedimentation into
Lake Michigan
• Remove non-native/invasive species which are degrading native habitat
• Improve habitat for coastal species
• Enhance habitat for fish (funding for the "breakwater" program element pending funding)
4) Clarify legally that the CITY and ASSOCIATION agree that McCormick Ravine, Open
Lands Park property, and the Elawa Triangle will remain as dedicated open space in
perpetuity.
5) To appropriately remove, relocate or maintain honorary plaques, rocks, fountains, or other
items found in Open Lands Park. These items include:
a. 1991 rock acknowledging all the donors underwriting the park.
b. 1998 rock from Junior Garden Club acknowledging landscape
architects and tree plantings (can be removed)
c. 1998 rock from Woodlands Garden club acknowledging trees (can be
removed)
d. Fountain (potential to be removed pursuant to consultation)
e. 1992 rock acknowledging hills oak (can be removed)
III. IMPLEMENTATION; TERMINATION
The parties shall diligently pursue negotiations for the purpose of developing contracts
and other required documents to effect the intentions of the parties as set forth in this
MOU, with the expectation that final documents will be approved by September 1, 2015.
Any party to this MOU may cease to be a party hereto and may withdraw from
participation by written notice to the other party at least thirty (30) days before the
effective date of such non-participation.
IV. AMENDMENTS
This MOU may be amended by mutually acceptable terms signed by all the parties to this
MOU.
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V. DURATION
This MOU shall continue in effect until terminated by the CITY or the ASSOCIATION
as provided above.
VI. AUTHORIZATION
Prior to execution of this Memorandum of Understanding, each member institution shall
deliver to the others a certified copy of a suitable ordinance or resolution authorizing and
directing the execution of this MOU.
VII. EFFECTIVE DATE
This MOU shall become effective when signed by all of the respective representatives of
both institutions and by reference made a part of this MOU, together with any
amendments which may be made to said exhibit in the manner and means therein set
forth.
IN WITNESS WHEREOF, the undersigned institutions have set their signatures on the
respective dates set forth below. This document may be signed in multiple counterparts.
All notices required to be given hereunder shall be addressed to the respective Parties as
follows:
CITY: The City of Lake Forest
City Manager
220 E. Deerpath
Lake Forest, IL 60045
ASSOCIATION: Lake Forest Open Lands Association
President
350 North Waukegan Road
Lake Forest, IL 60045
or to subsequent addresses as each Party may designate from time to time.
IN WITNESS HEREOF the Parties have executed this MOU on the day and year first
written above.
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THE CITY OF LAKE FOREST, a municipal corporation
of Illinois
By: __________________________________
Mayor
ATTEST:
_____________________________
LAKE FOREST OPEN LANDS ASSOCIATION, an
Illinois not-for-profit corporation
By: __________________________________
President
ATTEST:
_______________________________
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