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CITY COUNCIL 06/06/2022THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, June 6, 2022 at 6:30pm. 220 E. Deerpath, Lake Forest, IL 60045 CALL TO ORDER AND ROLL CALL 6:30 p.m. Honorable Mayor, George Pandaleon James E. Morris, Alderman First Ward Jim Preschlack, Alderman Third Ward Jennifer Karras, Alderman First Ward Ara Goshgarian, Alderman Third Ward Melanie Rummel, Alderman Second Ward Raymond Buschmann, Alderman Fourth Ward Edward U. Notz, Jr., Alderman Second Ward Eileen Looby Weber, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 1. COMMENTS BY MAYOR A. Approval of a Resolution of Appreciation for Retiring Employee William E. Borzick A copy of the resolution can be found on page 17 COUNCIL ACTION: Approve the Resolution Appreciation for Retiring Employee William E. Borzick 2. COMMENTS BY CITY MANAGER A. Community Spotlight -Lake Forest Preservation Foundation - Marcy Kerr, Executive Director 3. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL 4. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE 1. Update on Work Orders Management System Dan Martin, Superintendent of Public Works and Cameron Burrell, Business Analyst, Department of Innovation and Technology 1 Monday June 6, 2022, City Council Agenda 5. ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of May 16, 2022, City Council Meeting Minutes A copy of the minutes can be found beginning on page 18. COUNCIL ACTION: Approval of May 16 ,2022, City Council Meeting Minutes 2. Approve the Purchase of Dual Band Capable Portable Radios for the Fire Department from state bid vendor Motorola Solutions. STAFF CONTACT: Fire Chief Pete Siebert, 847.810.3864 PURPOSE AND ACTION REQUESTED: Staff requests City Council grant authorization to purchase 8 Motorola DUAL BAND Capable radios, necessary accessories. The digital Motorola DUAL BAND radios will replace current radio’s which are no longer manufactured, have diminishing replacement parts availability, are past standard end-of-life usage capabilities and provide little-to-no interoperable communications. BACKGROUND/DISCUSSION: The Lake Forest Fire Department is currently a member of the East Shore Radio Network (ESRN), an intergovernmental consortium operating and maintaining a 30+ year old VHF radio communications and tower system. The system transmission quality has degraded over the years, necessitating many electronic patches and work-a-rounds, and has now reached the point where several member communities have experienced multiple issues regarding the quality of the radio system operation. A multitude of ESRN tests, checks, studies, and equipment adjustments have been attempted system-wide to improve transmission and reception quality without success. Discounted Pricing: Radio pricing is established by state bid. Motorola is under state contract with fixed pricing until 2022. Following negotiations, Motorola offered a 25% discount for Glenview consolidated dispatch agencies, which includes reductions for using State-bid pricing and an additional Motorola equipment reduction. Improved Coverage: Currently, there are radio signal coverage gaps in buildings that are frequently visited in the community by public safety as well as areas along the bluffs, beaches and ravines. With the assistance of Glenview Dispatch, DUAL BAND radios were tested by Lake Forest Fire Department staff with a noticeable improvement for both in and out-of-building coverage. Interoperability: The compromised ability of Lake Forest FD in communicating directly with Lake Forest PD in the future, if we stay with our current radio system, would be ineffective, inefficient and constitute serious officer and public safety issues. The two departments routinely work together on incidents. The Dual Band radios will also enhance communications on calls for mutual aid. Replace Aging Units: Some of our current VHF portable radios have reached end-of-life operating parameters, been discontinued, have diminishing access to spare parts inventory, and require maintenance that is no longer provided by Motorola. Replacing 2 Monday June 6, 2022, City Council Agenda the obsolete units with a new dual band radio allows for more flexibility and future programming options. BUDGET/FISCAL IMPACT: Has City staff obtained competitive pricing for the proposed goods/services? NO If no, indicate the specific exception or waiver requested: Administrative Directive 3-5, Section 6.1D – Government Joint Purchase Motorola Agreement and Pricing Motorola has offered the City a substantial reduction in price of 25% off equipment, as a member of the Glenview consolidated dispatch system. The Department intends to utilize these 8 radios full-time in conjunction with our current inventory of VHF radios. Below is an estimated summary of Project budget: FY2023 Funding Source Account Number Amount Budgeted Amount Requested Budgeted? Y/N Emergency Telephone Fund (JETSB) 205-7552-475.75-18 $50,000 $47,729.44 Y COUNCIL ACTION: Approve the Purchase of Dual Band Capable Portable Radios for the Fire Department from state bid vendor Motorola Solutions. 3. Approval of an Intergovernmental Agreement Between The City of Lake Forest and The Illinois State Toll Highway Authority. STAFF CONTACT: Pete Siebert, Fire Chief (810-3864) PURPOSE AND ACTION REQUESTED: By entering into this Intergovernmental agreement, The City of Lake Forest will be able to receive reimbursement from The Illinois State Toll Highway Authority (Illinois Tollway) for responses to I-94. BACKGROUND/DISCUSSION: The Lake Forest Fire Department responds to the Tollway for numerous types of emergency call responses including but not limited to, vehicle collisions, vehicle fires, and medical emergencies. The designated response area of I-94 that Lake Forest is responsible for is eastbound between milepost 19.1 and milepost 21.7, and westbound between milepost 18.2 and 19.0. The Lake Forest Fire Department responds to other areas of the Tollway to provide mutual aid assistance to our neighboring departments, but the area defined in this IGA, is the only area that we can collect reimbursement from the Tollway Authority. This was the result of multiple fire rescue agencies in northern Illinois meeting with the Tollway Authority to revise outdated agreements that were hard to follow and not in line with jurisdictional boundaries. 3 Monday June 6, 2022, City Council Agenda BUDGET/FISCAL IMPACT: The Illinois Tollway will pay the City of Lake Forest $500.00 to reimburse a portion of the costs the Fire Department incurs in connection with emergency responses to the Tollway within the jurisdictional boundaries that the Lake Forest Fire Department covers. On each anniversary of this agreement, this fee shall automatically increase by $10.00. The Lake Forest Fire Department averages 20-30 calls a year to the Tollway, the responses are a mix of our response area and mutual aid responses to other departments. Any future revenue from this IGA will depend on calls located in our response area and call volume that meets the criteria of the IGA. A copy of the IGA can be found on page 23. COUNCIL ACTION: Approval of an Intergovernmental Agreement Between The City of Lake Forest and The Illinois State Toll Highway Authority. 4. Award contract with Cartegraph Systems LLC to Purchase Software and Services for a Work Orders Management system as Budgeted in FY23 Capital Plan in the Amount of $99,800 to include a 5% Contingency in the Amount of $4,990 for a Total Cost of $104,790. Additionally, Approve Three Year Agreement for Annual Subscription Services included in the FY2024 – FY2027 Operating Budget for the Sum of $143,264. In total, $248,054 is being requested for implementation and Four Years of licensing and maintenance. STAFF CONTACT: Cameron Burrell, Business Analyst, Department of Innovation and Technology PURPOSE AND ACTION REQUESTED: Staff requests approval to expend capital funds and award a contract with Cartegraph Systems LLC for implementation services and software for City usage for Cartegraph Operations Management Software (OMS) to be utilized as the City’s Work Order Management system. BACKGROUND/DISCUSSION: In FY20, City staff was tasked with the effort of exploring options for implementing a Work Orders Management system for tracking service requests, staff resource allocation, and assets/materials. A committee made up of members of Public Works, Parks & Forestry, OCM, and IT were selected to undergo a needs assessment administered by Baker Tilly. Out of this needs assessment, a substantial list of requirements was outlined and prioritized by the project committee. That information was crafted into an RFP which was distributed to the public in January of 2020. The response to the RFP netted proposals from vendors representing different aspects of the marketplace. The project committee reviewed and scored all four proposals and moved two of them forward to the next round of vendor evaluation. In March of 2020, a decision was made to shift the scope from the implementation of a full Work Orders System to focus on the Citizen Request Management (CRM) piece of the system. The CRM functionality provided the service request submission aspect of the system (directly from the resident) and an internal interface to manage those requests. The project committee decided that this was a direction that would expose our internal users to new processes and a new system to gauge their usage of a service request tracking system. The project committee met with four vendors and were presented with demonstrations for each product. Those demonstrations and functionality were scored and reviewed with the committee coming to the decision of proceeding with SeeClickFix as the system to proceed with. SeeClickFix was 4 Monday June 6, 2022, City Council Agenda provided by Cartegraph and was initially proposed in Cartegraph’s proposal stemming from the earlier RFP. The implementation was approved by City Council on 7/27/2020. The implementation of SeeClickFix was done in tandem with our City-wide website and mobile application rollout in order to maximize visibility of the new service request feature to City residents. Internally, staff was trained and new procedures were put in place to utilize SeeClickFix. Over the course of the first nine months of being live, the system saw significant use. When the annual renewal for SeeClickFix presented itself in October of 2021, the project committee sought additional users to meet the need for all field staff in Public Works and Parks & Forestry to have full access in the system. This request was approved by City Council on 10/4/2021. During budget planning for FY23, the departments involved with the Work Orders Project sought approval for funding to proceed with Cartegraph Operations Management Software (OMS) based on the integration with SeeClickFix and the breadth of functionality that Cartegraph OMS would provide to the City as the solution to full Work Orders management. Due to the proposal scoring done previously, demonstration of functionality, and the existing relationship with Cartegraph, the project committee felt that Cartegraph OMS presented itself as the best solution to meet the needs of the City. PROJECT REVIEW/TIMELINE: Milestone Date Comments Public Works Committee 5/26/2022 Reviewed and Recommended Approval Work Orders System Selection and Next Phase Decision 03/2022 Review & Recommendation by City Selection Committee (Public Works / Parks & Forestry) for Cartegraph OMS City Council Approval of Additional CRM Licensing 10/04/2021 Approval of Additional Funding for Licensing for Internal Users Due to High Internal User Adoption City Council Approval of Citizen Request Management System 07/27/2020 Approval of Cartegraph Implementation of SeeClickFix CRM System Shift to Focus on Citizen Request Management System 03/2020 Decision Made to Focus on CRM Portion of a Work Orders System to Gauge Usage and Adoption Vendor Proposals Submitted 02/06/2020 Four Vendors Submitted Proposals Which Were Reviewed & Scored by Selection Committee Work Orders RFP Issuance 01/02/2020 RFP Distributed Work Orders Needs Analysis with Baker Tilly 09/2019 Selection Committee Work Orders Needs Analysis Discussions with a Third- Party Vendor BUDGET/FISCAL IMPACT: The total project expense reflects all systems’ software licensing, installation, staff training, and maintenance services. A 5% contingency is desired to address minor items encountered during implementation. 5 Monday June 6, 2022, City Council Agenda This project was identified as a FY23 Capital project funded via the Capital Improvements Fund and the process to date complies fully with the IT Capital Five Year Plan and City’s purchasing policies. Has City staff obtained competitive pricing for proposed goods/services? Yes The following is the summary chart of proposed costs: Implementation Cost Year 1 Subscription Total 4 Year Beehive Industries 68,000.00 18,000.00 140,000.00 Cartegraph Systems LLC 54,800.00 45,000.00 243,064.00 SmartEnergyWater 64,891.00 234,596.00 416,784.00 ZLink 75,293.00 56,620.00 306,798.00 Below is an estimated summary of Project budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N IT Capital 311-1303-466.66-13 $56,700.00 $56,700.00 Y IT Operating 101-1315-443.43-37 $33,705.00 $33,705.00 Y Public Works Contractual 101-5001-435.35-10 $0 $9,395.00 N Parks & Forestry Contractual 202-5774-435.35-10 $0 $4,990.00 N Annually, the cost for our SeeClickFix Citizen Request system is $33,705.00. That system and its associated costs are now included in the $45,000 annual subscription cost for Cartegraph. CURRENT PROJECT MILESTONE: Based on City Selection Committee’s review of the scope of the proposal, presentation of functionality, and usage of SeeClickFix through Cartegraph, the committee feels that Cartegraph OMS presents itself as the best solution to meet the needs of the City moving forward as the City’s Work Order Management system. City staff has worked with the vendor to confirm costs and ensure that the specific scope of software, implementation, training, and on-going services is clearly documented. In their proposal, Cartegraph has provided an example of the implementation timing and other operational details that is anticipated to occur. If approved, staff will work with Cartegraph to ensure proper project planning methodology is adhered to for a successful implementation. The following is a list of the features included in the proposed system that will allow us to meet the City’s business needs: • The new Work Orders system will increase operational efficiencies by providing functionality for improved workflows, increased visibility into operations, and analytics to support intelligent business decisions. 6 Monday June 6, 2022, City Council Agenda • The system will provide functionality to record/store data and present that data through dashboards and reporting. • The system will provide a way for the City to track assets more accurately and look at asset data in real time. It integrates directly with the City’s current ArcGIS platform. • The Work Orders system promotes the ability to organize information, provide recommendations based on trends, and search for information in an efficient way. • The system offers improved efficiencies through the automation of job functions which are currently done manually, and many times are duplicative. COUNCIL ACTION: Award contract with Cartegraph Systems LLC to Purchase Software and Services for a Work Orders Management system as Budgeted in FY23 Capital Plan in the Amount of $99,800 to include a 5% Contingency in the Amount of $4,990 for a Total Cost of $104,790. Additionally, Approve Three Year Agreement for Annual Subscription Services included in the FY2024 – FY2027 Operating Budget for the Sum of $143,264. In total, $248,054 is being requested for implementation and Four Years of licensing and maintenance 5. Award of the Low Bid for the 2022 Storm Sewer Lining Program to Hoerr Construction, Inc., and Authorize the City Manager to Execute an Agreement in the Amount Not to Exceed $180,000 STAFF CONTACT: Byron Kutz, P.E., Superintendent of Engineering (810-3555) PURPOSE AND ACTION REQUESTED: The Public Works Committee and staff request City Council approval of the contract for the Lake Forest share of the 2022 Storm Sewer Lining Program to Hoerr Construction. BACKGROUND/DISCUSSION: The City maintains 140 miles of mainline sanitary sewers and 219 miles of storm sewer throughout the City. The pipe material that was predominantly used in the past to construct the sewers was a clay material. The clay pipes are most susceptible to deterioration from natural elements and root intrusions resulting in broken pipes and leaking joints. With a deteriorated pipe, the functionality of the pipe to carry the flows is compromised thereby creating surcharges and/or backups. The program this year is focusing only on lining storm sewers. This reconstruction technique is performed without the expensive and disruptive excavation process. The process provides for the insertion of a special liner inside the pipe, creating a new smooth-surfaced, long-lasting pipe within the old sewer. This project was bid under the Municipal Partnering Program (MPI) with Highland Park, and Mundelein with Lake Forest as the lead agency. This Contract may be renewed for up to three additional and consecutive one-year terms, upon the mutual written consent of the City and Contractor. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 5/26/2022 Reviewed & Recommended City Council Approval Finance Committee 11/8/2021 Included with FY ’23 Capital Plan 7 Monday June 6, 2022, City Council Agenda BUDGET/FISCAL IMPACT: Bids for the 2022 Storm Sewer Lining Program were received and opened on May 19, 2022. The City received a total of two bids. The low bidder, Hoerr Construction, has worked in The City of Lake Forest on several sewer lining projects over the last five years. The projects have been completed on time and the work was satisfactory to Engineering’s staff. If approved by City Council, the project would commence in August/September and be completed in a few weeks. Upon confirming the start date of the project, a letter will be sent to the residents within the limits of the project two weeks prior to start of construction. The City’s website, under “Construction Updates”, will also provide details on the construction schedule. Has City staff obtained competitive pricing for proposed goods/services? Yes Company Name Dollar Amount Bid Hoerr Construction $162,745 Insituform Technologies USA, LLC. $198,669 The bid amount provides for approximately 690 feet of pipe to be lined ranging from 6” to 42”. The recommendation is to award at the full budgeted amount so that additional lining segments can be added utilizing the quantity-based bid pricing. Below is an estimated summary of project budget by funding source: FY 2023 Funding Source Amount Budgeted Amount Requested Budgeted Y/N Capital Fund 311-3703-467.67-25 $180,000 $180,000 Y COUNCIL ACTION: Award of the Low Bid for the 2022 Storm Sewer Lining Program to Hoerr Construction, Inc., and Authorize the City Manager to Execute an Agreement in the Amount Not to Exceed $180,000 6. Award of a One-Year Professional Services Agreement Extension to Multisystem Management Company to Provide Janitorial Services at City Facilities and Authorization for the City Manager to Execute an Agreement Extension in the Amount of $225,035 STAFF CONTACT: Jim Lockefeer, Assistant to the Director of Public Works (810-3542) PURPOSE AND ACTION REQUESTED: The Public Works Committee and City staff requests City Council award a one-year Professional Services Agreement extension to Multisystem Management Company to provide janitorial services at City facilities and authorization for the City Manager to execute an Agreement extension in the amount of $225,035. BACKGROUND/DISCUSSION: The City’s janitorial services agreement includes general janitorial building cleaning tasks at fourteen City buildings. The agreement includes detailed cleaning tasks, frequencies, and schedules at the fourteen facilities that range from once-a-week cleanings at the Water Plant to seven days a week at the Public Safety Building. All building janitorial services are provided during the evening hours at every facility within the agreement. 8 Monday June 6, 2022, City Council Agenda The agreement also contains twice a year machine floor cleanings at each of the fourteen buildings. In June of 2019, the City entered into a three-year agreement with Multisystem Management Company to provide general janitorial and twice a year floor cleaning services at thirteen city buildings. Included as part of that three-year agreement approval, the City has the option to enter into two, one-year extensions with Multisystem Management Company based on performance and proposed price increases. Over the course of three-year agreement, a City staff “Janitorial Building Coordinator Group”, met quarterly with Multisystem Management Company to continually review performance. All Building Coordinators support extending Multisystem Management Company. Since the original 2019 agreement was approved by City Council, the City is now also responsible for some general janitorial and twice a year floor cleaning services at Elawa Farm per the City and Elawa Farm Foundation February 1, 2021 lease. Through this agreement extension negotiation process, the City will be able to add these Elawa Farm services bringing the total City facility coverage from thirteen to fourteen buildings. PROJECT REVIEW/RECOMMENDATIONS: Reviewed Date Comments Public Works Committee 5/26/22 Reviewed and Recommended Approval BUDGET/FISCAL IMPACT: If approved, this will be an extension of the existing agreement for the original thirteen City buildings. The proposed and recommended 2022 agreement service pricing represents an approximate 3% increase from the original 2019 agreement amount. The City received a proposal in the amount of $13,110 for the incorporation of Elawa Farm janitorial services which was provided as part of contract extension negotiations. Staff thoroughly vetted this proposal in relation to the other thirteen building pricing received as part of the 2019 Request for Proposal Process. The Elawa Farm cost proposal was found to be comparably priced to similar sized facilities that also had similar janitorial service tasks and frequencies. Below is summary table that compares Multisystem Management Company’s 2019 annual agreement pricing to the 2022 recommended agreement pricing. Agreement Component Annual Cost Per 2019 Agreement Annual Cost Per 2022 Agreement Extension Base Thirteen City Building Services $205,714 $211,925 Elawa Farms Services N/A $13,110 TOTAL $205,714 $225,035 Has City staff obtained competitive pricing for proposed goods/services? Yes. Competitive pricing was obtained as part of the 2019 Request for Proposals process. Below is an estimated summary of Project budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Operating Budget Multiple Accounts $225,035 $225,035 Y 9 Monday June 6, 2022, City Council Agenda If awarded, this agreement extension would span July, 2022 through June, 2023. COUNCIL ACTION: Award of a One-Year Professional Services Agreement Extension to Multisystem Management Company to Provide Janitorial Services at City Facilities and Authorization for the City Manager to Execute an Agreement Extension in the Amount of $225,035 7. Award of a Five-Year Professional Services Agreement to Lakeland HVAC Automation to Provide HVAC Controls System Services at City Facilities and Authorization for the City Manager to Execute an Agreement in the Amount of $50,978 STAFF CONTACT: Jim Lockefeer, Assistant to the Director of Public Works (810-3542) PURPOSE AND ACTION REQUESTED: The Public Works Committee and City staff requests City Council award a five-year Professional Services Agreement to Lakeland HVAC Automation to provide HVAC controls system services at City facilities and authorization for the City Manager to execute an Agreement in the amount of $50,978. BACKGROUND/DISCUSSION: Currently, the City maintains seven HVAC Johnson Controls systems at six City facilities. These controls systems are widely used systems in facility management that control the operations of heating, ventilation, and air conditioning. Controls systems are very important in managing and maintaining large facility HVAC systems. From a facilities management standpoint, City Building Maintenance Section personnel utilize existing controls system to easily remote into facility HVAC systems to trouble shoot issues. The ability to tap into these systems remotely creates significant efficiencies in lieu of physically attempting to identify and trouble shooting numerous facility HVAC components in-person. Controls system data can quickly be utilized to identify and correct issues and/or make repairs. Additionally, newer HVAC control allow for the realization of further HVAC system energy efficiencies and building patron comfort improvements as the system continually learns facility patterns and trends. To date, the City has not executed a long-term agreement for HVAC controls system services. This is in large part due to the age of the City’s current Johnson Controls systems. These current, ageing systems did not require regular servicing and updates by Johnson Controls. Two of the City’s seven HVAC Controls systems, located at the Public Safety and Recreation Center Buildings, will no longer be supported effective July 1, 2022. Additionally, City staff has learned that Johnson Controls intends to issue more frequent updates to any existing system that is still supported. The implementation of these updates will cost a standard fee and will have to be installed directly by Johnson Controls or by Johnson certified firm. This five-year agreement includes all update services, support, annual inspections, training, backups, and once a year system replacement (if necessary) for all seven City facility HVAC controls system. As the City’s Building Maintenance Section continues to explore the use of sensor and other controls systems technologies, these HVAC controls systems will continue to be crucial components in supporting facilities management. PROJECT REVIEW/RECOMMENDATIONS: 10 Monday June 6, 2022, City Council Agenda Reviewed Date Comments Public Works Committee 5/26/22 Reviewed and Recommended Approval BUDGET/FISCAL IMPACT: On May 5, 2022, City staff initiated a public Request for Proposal (RFP) process for HVAC controls system services. The RFP opportunity was publicly posted in the Lake County News Sun and was made available on the City’s website. On May 19, 2022, the public RFP closed and in total, two proposals were received as outlined below. Company Name Annual Agreement Total Five-Year Agreement Total Lakeland HVAC Automation $10,195.60 $50,978 Interactive Building Solutions $10,269.00 $51,345 Has City staff obtained competitive pricing for proposed goods/services? Yes. Lakeland HVAC Automation has considerable experience working with large municipal, commercial, educational, and healthcare HVAC controls systems. Lakeland HVAC Automation has also previously provided the City with HVAC system controls services on as needed basis. All staff prior experiences with Lakeland HVAC Automation have been very positive. Below is an estimated summary of Project budget: FY2023 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Operating Budget General Building Improvement $50,978 $50,978 Y If awarded, Lakeland HVAC Automation would immediately replace both the Public Safety and Recreation Center controls systems, as well as provide any necessary updates to the other five existing controls systems. COUNCIL ACTION: Award of a Five-Year Professional Services Agreement to Lakeland HVAC Automation to Provide HVAC Controls System Services at City Facilities and Authorization for the City Manager to Execute an Agreement in the Amount of $50,978 8. 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) PURPOSE AND ACTION REQUESTED: The following recommendations from the Building Review Board are presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND/DISCUSSION: 821 Northmoor Road – The Building Review Board recommended approval of an addition to the garage, the addition of second floor space, modifications to the front entry and various exterior 11 Monday June 6, 2022, City Council Agenda alterations. A neighbor expressed concern about some aspects of the exterior design, after discussion, the Board concluded that adequate vegetation exists to provide screening and softening of the home from the streetscape. This petition was also considered by the Zoning Board of Appeals as detailed in the following agenda item. (Board vote: 6-0, approved) 415 Oak Knoll Drive – The Building Review Board recommended approval of a new residence on a vacant lot in the Oak Knoll Woodlands subdivision. No public testimony was presented to the Board on this petition. (Board vote 6-0, approved) 475 Oak Knoll Drive – The Building Review Board recommended approval of a new residence on a vacant lot in the Oak Knoll Woodlands subdivision. No public testimony was presented to the Board on this petition. (Board vote 6-0, approved) Ordinances approving the petitions as recommended by the Building Review Board, with key exhibits attached, are included in the Council packet beginning on page 29. The Ordinances, complete with all 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. 9. Consideration of Ordinances Approving Recommendations from the Zoning Board of Appeals. (First Reading, and if Desired by the City Council, Final Approval) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) PURPOSE AND ACTION REQUESTED: The following recommendations from the Zoning Board of Appeals are presented to the City Council for consideration as part of the Omnibus Agenda. BACKGROUND/DISCUSSION: 751 N. Sheridan Road – The Zoning Board of Appeals recommended approval of a lot-in-depth setback variance for a new garage and pool house. The petition also received a recommendation of approval from the Historic Preservation Commission as detailed in the following agenda item. Several neighbors submitted testimony in support of the petition. (Board vote: 5-0, approved) 671 Timber Lane – The Zoning Board of Appeals recommended approval of a side yard setback variance for a garage addition. A letter in support was submitted by a neighboring property owner. (Board vote: 5-0, approved) 151 Ridge Lane – The Zoning Board of Appeals recommended approval of a variance for a mudroom addition within the side yard setback. No public testimony was presented to the Board on this petition. (Board vote: 5-0, approved) 821 Northmoor Road – The Zoning Board of Appeals recommended approval of variances to allow an addition and a driveway wider than permitted within the front yard setback. This petition also received a recommendation for approval from the Building Review Board as detailed in the previous agenda item. (Board vote: 7-0, approved) 12 Monday June 6, 2022, City Council Agenda The Ordinances approving the petitions as recommended by the Zoning Board of Appeals, with key exhibits attached, are included in the Council packet beginning on page 64. The Ordinances, complete with all 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 Zoning Board of Appeals’ recommendations. 10. Consideration of Ordinances Approving Recommendations from the Historic Preservation Commission. (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 Historic Preservation Commission are presented to the City Council for consideration as part of the Omnibus Agenda. 89 E. Deerpath – The Commission recommended approval of various alterations to the existing residence and pool house including replacement of some windows and doors and the addition of outdoor living space. A building scale variance is recommended to allow conversion of a screen porch to enclosed space. One letter of support was received, no other public comment was presented on this petition. (Approved 7 – 0) 751 N. Sheridan Road – The Commission recommended approval of a new garage and pool house and modifications to the entry. A building scale variance is recommended recognizing the challenge in updating the structure, which originally was an outbuilding to a larger estate, for continued use as a single family residence. Several neighboring property owners submitted letters in support of the petition. This petition was also considered by the Zoning Board of Appeals as detailed in the previous agenda item. (Approved 4 – 0) The Ordinances approving the petitions, with key exhibits attached, are included in the Council’s packet beginning on page 95. The Ordinances with 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 building scale variances as recommended by the Historic Preservation Commission. 11. Consideration of a Recommendation from the Plan Commission in Support of a Special Use Permit for The Skin Care Center, a dermatology clinic, at 225 E. Deerpath. (If desired by the Council, Waive First Reading and Grant Final Approval of the Ordinance.) STAFF CONTACT: Catherine Czerniak, Director of Community Development (810-3504) 13 Monday June 6, 2022, City Council Agenda PURPOSE AND ACTION REQUESTED: A recommendation from the Plan Commission is presented for City Council consideration as part of the Omnibus Agenda. BACKGROUND/DISCUSSION: The Skin Care Center is currently located on the Northwestern Lake Forest Hospital Campus and offers medical and cosmetic dermatology services. The office also has a retail component and sells skin care products. The proposed location, first floor space on the southeast corner of Deerpath and Oakwood Avenue, will be a more visible location for the clinic and will draw employees and patients to the Central Business District. A Special Use Permit is required for medical offices and clinics in the B-3 zoning district. Special Use Permits are specific to an individual user or business. The B-3, Traditional Business District, is intended to accommodate a variety of uses in a mutually advantageous setting. The space proposed for occupancy by The Skin Care Center is currently vacant and was most recently occupied by Coldwell Banker, a real estate office, and prior to that, by Bank of America and LaSalle Bank. It has been about 20 years since this space was occupied by a retail use, The Gap. Current tenants in the building include dental offices, physical therapy and fitness services, a salon, and various professional offices. No public testimony was presented to the Commission on this petition. The Commission voted 6 to 0 to recommend approval of a Special Use Permit to allow The Skin Care Center to locate in first floor space at 225 E. Deerpath subject to conditions. The conditions as recommended by the Commission are detailed in the ordinance which is included in the Council packet beginning on page 118. In summary, the conditions speak to employee parking in remote parking lots, not on the street, and treatment of the storefront windows. A report from the Plan Commission is included in the Council packet beginning on page 126 COUNCIL ACTION: If determined to be appropriate by the City Council, waive first reading and grant final approval of an Ordinance approving a Special Use Permit for The Skin Care Center, a dermatology clinic, at 225 E. Deerpath in accordance with the Plan Commission’s recommendation. COUNCIL ACTION: Approval of the eleven (11) omnibus items as presented. 6. OLD BUSINESS 7. NEW BUSINESS 8. ADDITIONAL ITEMS FOR DISCUSSION/ COMMENTS BY COUNCIL MEMBERS 9. ADJOURNMENT 14 Monday June 6, 2022, City Council Agenda A copy of the Decision Making Parameters is included beginning on page 16 of this packet. Office of the City Manager June 1, 2022 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 Jason Wicha, at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 15 ^Qtu^^ C^'NA<WA£BT-<^ ^.Scie^^t^wS^'X. §.. ^..,,.e-..^ f-l&ff"^ THE CITY OF LAKE FOREST DECISION-MAKING PARAMETERS FOR CITY COUNCIL, AND APPOINTED BOARDS & COMMISSIONS Adopted June 18, 2018 The City of Lake Forest Mission Statement: "Be the best-managed, fiscally-responsible and appealing community and promote a community spirit of trust, respect and citizen involvement. " The Lake Forest City Council, with the advice and recommendations of its appointed advisory Boards and Commissions, Lake Forest Citizens, and City Staff, is responsible for policy formulation and approval. Implementation of adopted strategy, policy, budgets, and other directives of Council is the responsibility of City Staff, led by the City Manager and Senior Staff. The Mayor and Aldermen, and appointed members of Boards and Commissions should address matters in a timely, deliberate, objective and process-driven manner, making decisions guided by the City of Lake Forest Strategic and Comprehensive Plans, the City's Codes, policies and procedures, and the following parameters: . Motions and votes should comprise what is in the best long-term interests of all Lake Forest citizens, measured in decades, being mindful of proven precedents and new precedents that may be created. . All points of view should be listened to and considered in making decisions with the long-term benefit to Lake Forest's general public welfare being the highest priority. . Fundmg decisions should support effectiveness and economy in providing services and programs, while mindful of the number ofcidzens benefittmg from such expenditures. . New initiatives should be quantified, qualified, and evaluated for their long-tenn merit and overall fiscal unpact and other consequences to the community. . Decision makers should be proactive and timely in addressing sto-ategic planning initiatives, external forces not under control of the City, and other opportunities and challenges to the community. Community trust in, and support of, government is fostered by maintaining the integrity of these decision-making parameters. The City of Lake Forest 's Decision-Making Parameters shall be reviewed by the City Council on an annual basis and shall be included on all agendas of the City Council and Boards and Commissions. 16 .6^^(3^' M^VRAE'£T ^.5ClEr'IiAfi AMO?- ^SSsvl'd,! i ./. ^%iu1^ /^s^RESOLUTION OF APPRECIATIONWHEREAS, WILLIAM E. BORZICK has been a dedicated employee of The City of LakeForest since May 5, 1987; andWHEREAS, BILL has honorably retired from the City on May 20,2022;andWHEREAS, BILL served in the following positions during his dedicated career: MaintenanceWorker and Building Maintenance Supervisor; andWHEREAS, BILL first served as a Maintenance Worker in the Parks and RecreationDepartment prior to becoming the first official fulltime hire of the Public Works Building MaintenanceSection in 1996; andWHEREAS, BILL was directly involved with the signicant growth of the BuildingMaintenance Section from six buildings in 1996 to thirty-six buildings today, oversaw numerous falicityimprovement projects, and positively impacted the professional development of many Public WorksMaintenance employees; andWHEREAS, BILL has developed signicant realationships and will be missed by many friendsand collegues across all City Departments and other community agencies such as Gorton CommunityCenter and Elawa Farm Foundation; andWHEREAS, BILL will enjoy his well deserved retirement with his friends and family, includingspending time working on his disc golf game.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFLAKE FOREST that the Council, on behalf of the administration and residents of the community,hereby expresses its appreciation and gratihide to WILLIAM E. BORZICK for a public servicefaithfully performed; andBE IT FURTHER RESOLVED that this Resolution be appropriately inscribed and conveyedto BILL, with a copy to be included in the official minutes of the June 6, 2022, meeting of the LakeForest City Council.Mayor17 The City of Lake Forest CITY COUNCIL MEETING Proceedings of the Monday, May 16, 2022 City Council Meeting - City Council Chambers 220 E Deerpath CALL TO ORDER AND ROLL CALL: Honorable Mayor Pandaleon called the meeting to order at 6:30pm, and the City Clerk Margaret Boyer called the roll of Council members. Present: Honorable Mayor Pandaleon, Alderman Morris, Alderman Karras, Alderman Rummel, Alderman Notz, Alderman Preschlack, Alderman Goshgarian, Alderman Buschmann and Alderman Weber. Alderman Rummel attended the meeting electronically. Absent: None CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE was recited. REPORTS OF CITY OFFICERS COMMENTS BY MAYOR A. Announcement of the Sixth Recipient of The Lawrence R. Temple Distinguished Public Service Award -Maddie Bronson Dugan Mayor Pandaleon introduced Catherine Waldeck, Chairman of the Public Service Award Committee. Ms. Waldeck announced that the Committee chose Maddie Bronson Dugan as the 2022 Larry Temple Public Service Award recipient. She read and presented the award, photos were taken. Mayor Pandaleon proclaimed Wednesday, August 3, 2022 as Lake Forest Day. He reported that the McKinlock Post 264 of the American Legion honors Lake Forest residents, employees, neighbors and friends by saluting “those who made the ultimate sacrifice during all conflicts and wars” as this year’s Lake Forest Day theme. Mayor Pandaleon presented the Proclamation to Dave Lipinski, Senior Vice Commander of the American Legion McKinlock Post and Tom Marks, President of the McKinlock Post 264 Foundation. Photos were taken. A. ELECTION AND APPOINTMENT OF CITY OFFICERS ELECTION BY THE CITY COUNCIL AND APPOINTMENTS BY THE MAYOR AS REQUIRED BY CHARTER AND CITY CODE City Supervisor Jason Wicha City Treasurer Elizabeth Holleb City Clerk Margaret Boyer City Marshal & Collector Karl Walldorf City Attorney Julie Tappendorf City Surveyor and Engineer Gewalt Hamilton Associates 18 Proceedings of the Monday, May 2, 2022 Regular City Council Meeting COUNCIL ACTION: Approve the Mayor’s Appointments Mayor Pandaleon read the appointments and asked for a motion of approval. Alderman Weber made a motion to approve the Mayor’s Appointments, seconded by Alderman Preschlack. Motion carried unanimously by voice vote. COMMENTS BY CITY MANAGER A. Update on Veterans Park - Chuck Myers, Superintendent of Parks & Forestry Chuck Myers, Superintendent of Parks & Forestry gave a brief update on the recent construction activities on the site and the tentative landscape timeline for the project. B. Update on Veterans Memorial Monument - Neil Lynch, Commander, American Legion McKinlock Post 264 Tom Marks, President of the McKinlock Post 264 Foundation gave an update on the War Monument and Fund-raising efforts. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL Kenneth Endress introduced himself to the City Council as the Community Planner and Liaison Officer for the Commanding Officer Naval Station Great Lakes. COMMITTEE REPORTS ITEMS FOR OMNIBUS VOTE CONSIDERATION 1. Approval of May 2, 2022, City Council Meeting Minutes 2. Approval of a Resolution of Appreciation for Retiring Members of the CROYA Youth Executive Committee CROYA YOUTH EXECUTIVE COMMITTEE NAME OF MEMBER Chairwoman Jacqueline Rubin Vice Chair Nick Winebrenner CSL Chair Bea Pierce CSL Vice Chair Chloe Robb CSL Vice Chair Matt Durburg Foundation Liaison Abby Hanlon Parliamentarian Brynne Hippel 19 Proceedings of the Monday, May 2, 2022 Regular City Council Meeting Parliamentarian Pride Haggerty Topic Night Chair Tommy Hetler Topic Night Chair Gigi Snellback Topic Night Chair Scott Weston Public Relations Chair Sascha Robb Public Relations Chair Louise Brickman Cable/Tech Chair Zoe Frentzas Cable/Tech Chair Luca Ferraioli Music Chair Nick Slover Music Chair Robert Medica Fundraising Chair Claire Yehle Fundraising Chair Ben Winebrenner Fundraising Chair Georgia Mannarino Graphic Design Chair Sofia Falls Graphic Design Chair Sophie Delhey 3. Approval of Revisions to the City Investment Policy 4. Consideration of an Ordinance Amending the City of Lake Forest City Code Regarding the Class C-2 and C-3 Liquor Licenses (First reading and if appropriate final approval) COUNCIL ACTION: Approval of the four (4) omnibus items as presented. Mayor Pandaleon asked members of the Council if they would like to remove any item or take it separately. Seeing none, he asked for a motion. Alderman Preschlack made a motion to approve the four (4) Omnibus items as presented, seconded by Alderman Karras. The following voted “Aye”: Alderman Morris, Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann and Weber. The following voted “Nay”: None. 8-Ayes, 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 OLD BUSINESS NEW BUSINESS 20 Proceedings of the Monday, May 2, 2022 Regular City Council Meeting Consideration of a Recommendation from the Zoning Board of Appeals in Support of an Amendment to the Special Use Permit for Woodlands Academy of the Sacred Heart Located at 760 E. Westleigh Road. (First Reading of an Ordinance and, if Desired by the City Council, Final Approval) Director of Community Development Catherine Czerniak gave an overview of Woodlands Academy that included its history, the property location, and current conditions. Ms. Czerniak also shared a timeline of the review process to date that included two Zoning Board of Appeals Public Hearings on the matter. She reported the Zoning Board of Appeals focus included impetus for the proposed changes, location and number of tennis courts, vehicle turn around location and vehicle traffic volumes, property line screening and activity levels that included users and reduction of impact on neighbors. The City Council had discussion around what sports would be played on the courts, the number of courts, youth sport camps, fencing, buckthorn removal and screening with sustainable planting initiatives. The following offered public comment on the topic. Kari Johnston offered her opposition to the ZBA recommendation noting a medical condition. Carol offered her opposition to the ZBA recommendation noting noise and proximity of the courts to the neighbors. Marlena Parr offered her opposition to the ZBA recommendation noting quality of life and an increase of traffic. Ralph Elwart offered his support of the ZBA recommendation noting women’s sports and the Woodlands ability to play at the school Kathryn Dohrmann offered her opposition to the ZBA recommendation noting light pollution and environmental impacts. Bridget Doheny offered her support of the ZBA recommendation noting how silent tennis is as a sport and neighborhood improvements. Elizabeth Sperry noted the limited distance of twenty-five feet. The City Council resumed discussion that included understanding the challenge in change, community assets, the City’s processes, the opportunity in the future to review the SUP and a lengthy discussion on screening. Hearing no further comment, Mayor Pandaleon thanked all those who made comments and asked for a motion. COUNCIL ACTION: If desired by the Council, waive first reading and grant final approval of an Ordinance amending the Special Use Permit for Woodlands Academy of the Sacred Heart subject to the conditions as recommended by the Zoning Board of Appeals and as detailed in the Ordinance. Alderman Preschlack made a motion to waive first reading and grant final approval of an Ordinance amending the Special Use Permit for Woodlands Academy of the Sacred Heart subject to the conditions as recommended by the Zoning Board of Appeals and as detailed in the Ordinance, seconded by Alderman Morris. The following voted “Aye”: Alderman Karras, Rummel, Notz, Preschlack, Goshgarian, Buschmann, Weberand Morris. The following voted “Nay”: None. 8-Ayes, 0 Nays, motion carried ADDITIONAL ITEMS FOR COUNCIL DISCUSSION/COMMENTS BY COUNCIL MEMBERS ADJOURNMENT 21 Proceedings of the Monday, May 2, 2022 Regular City Council Meeting There being no further business Mayor Pandaleon asked for a motion. Alderman Preschlack made a motion to adjourn, seconded by Alderman Goshgarian. Motion carried unanimously by voice vote at 8:45 pm. Respectfully Submitted Margaret Boyer, 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. 22 INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE CITY OF LAKE FOREST THIS INTERGOVERNMENTAL AGREEMENT (“AGREEMENT”), made and entered into upon the last dated signature below, by and between The Illinois State Toll Highway Authority (“ILLINOS TOLLWAY”), and The City of Lake Forest (“DEPARTMENT”). RECITALS WHEREAS, to ensure the highest degree of safety in the operation of the ILLINOIS TOLLWAY, the ILLINOIS TOLLWAY adopted Resolution No. 5458, authorizing the ILLINOIS TOLLWAY to (i) enter into agreements with fire protection districts and municipal fire departments bordering its rights-of-way for the provision of adequate fire protection services, and (ii) provide reimbursement for such services at the scheduled rates set forth therein; WHEREAS, pursuant to Resolution No. 5458, the ILLINOIS TOLLWAY entered into intergovernmental agreements with various fire protection districts and/or municipal fire departments bordering its rights-of-way for the provision of the above-described services; WHEREAS, after reaffirming the need to provide adequate fire protection services along the toll roads in its system and finding it necessary to also provide adequate emergency medical services, the ILLINOIS TOLLWAY adopted Resolution No. 9589, increasing the scheduled reimbursement rates set forth in Resolution No. 5458; WHEREAS, on September 29, 1977, after fire protection districts and municipal fire departments began providing ambulance services, the ILLINOIS TOLLWAY adopted Resolution No. 9885, adding a scheduled reimbursement rate for the provisions of ambulance services; WHEREAS, on December 21, 1995, the ILLINOIS TOLLWAY adopted Resolution No. 14490, increasing the scheduled reimbursement rates for fire protection and emergency medical services (including ambulance services); WHEREAS, the DEPARTMENT is qualified to provide the fire protection and emergency services required by the ILLINOIS TOLLWAY on the Tri-State Tollway (I-94), eastbound between milepost 19.1 and milepost 21.7, and westbound between milepost 19.0 and 18.2, as depicted in Exhibit A (“Service Area”); WHEREAS, the DEPARTMENT was created by and operates pursuant to general powers conferred under the Illinois Municipal Code, 65 ILCS 5/11-6-1, et. seq.; WHEREAS, the ILLINOIS TOLLWAY, by virtue of its powers as set forth in the Toll Highway Act, 605 ILCS 10/1, et. seq., is authorized to enter into this AGREEMENT, 23 2 NOW, THEREFORE, in consideration of the mutual covenants and representations contained herein, the ILLINOIS TOLLWAY and the DEPARTMENT (collectively, “Parties”) agree as follows: 1. Relative to each occurrence in the Service Area (see Ex. A) to which the DEPARTMENT responds, the ILLINOIS TOLLWAY will pay the DEPARTMENT $500.00 to reimburse a portion of the costs the DEPARTMENT incurs in connection with the response. On each anniversary of this AGREEMENT, this fee shall automatically increase by $10.00. Also: a. If helicopter rescue services are provided in accordance with criteria established by the hospital originating the request for such services, such services shall be billed directly by the helicopter rescue service to the party the helicopter was required to transport; the ILLINOIS TOLLWAY shall not be responsible for helicopter transport services, except as provided under Workers’ Compensation Act, 820 ILCS 305/1, et seq.; b. Special hazardous material rescue and clean up services not provided by the DEPARTMENT shall be billed directly by the provider to the person(s) or entities who caused such services to be required. c. Nothing in this AGREEMENT shall prohibit the DEPARTMENT from billing any patient, including the insurance provider for the patient, for ambulance transportation to receive emergency medical care. 2. For, and in consideration of, the compensation specified above, which the ILLINOIS TOLLWAY and the DEPARTMENT agree constitutes the sole and exclusive amount for which the ILLINOIS TOLLWAY will be responsible for as a result of or due to a response by the DEPARTMENT, the DEPARTMENT agrees: a. To use its best efforts to provide fire protection and emergency services for persons and property in the Service Area. If changes in the Service Area are required to more efficiently serve the needs of ILLINOIS TOLLWAY patrons, the Service Area may be amended by written agreement of the Parties. b. To proceed, whenever fire equipment is available, to the location in the Service Area (see Ex. A) designated by an authorized representative of the ILLINOIS TOLLWAY. The DEPARTMENT shall make every effort to provide its own back-up response when its own manpower and/or equipment is not available for call-out. In the event an emergency call is directed to the DEPARTMENT from a source other than the ILLINOIS TOLLWAY, the DEPARTMENT shall promptly notify an authorized representative of the ILLINOIS TOLLWAY of the nature of the emergency and the designated location. c. To respond with necessary available equipment and manpower as indicated by the information provided by the authorized representative of the ILLINOIS TOLLWAY. 24 3 d. To present to the ILLINOIS TOLLWAY, within forty-five (45) days of an event in the Service Area that requires the provision of any fire protection and emergency services, an invoice including the hour, date, time and place of the DEPARTMENT’s response to the event; and the amount due and owing from the ILLINOIS TOLLWAY pursuant to this AGREEMENT. The ILLINOIS TOLLWAY will promptly process all timely and sufficient invoices submitted by the DEPARTMENT. The DEPARTMENT shall not bill the ILLINOIS TOLLWAY for any services billed to an ILLINOIS TOLLWAY patron, and the ILLINOIS TOLLWAY shall not be responsible for any services billed to an ILLINOIS TOLLWAY patron, even if the DEPARTMENT fails to obtain payment from or on behalf of the ILLINOIS TOLLWAY patron. e. To keep confidential, and not disclose, distribute or otherwise share, any photographs, video or electronic images that depict any matter that may have occurred on ILLINOIS TOLLWAY property, except for disclosures to (i) physicians and medical personnel directly involved in the treatment of a patient involved in an occurrence, (ii) insurance companies representing a party involved in an occurrence, or (iii) the State Fire Marshal. Disclosure also is permissible to the extent required by the Illinois Freedom of information Act. I. GENERAL PROVISIONS 1. The ILLINOIS TOLLWAY, the DEPARTMENT and their respective agents agree that they shall communicate, cooperate and coordinate with one another on all issues pertaining to a response and the consequent need for fire protection and emergency services in the Service Area, including but not limited to traffic and incident management. 2. All promises, agreements, covenants and representations, express or implied, oral or written, concerning the subject matter of this AGREEMENT are contained in this AGREEMENT, which embodies the entire agreement and understanding between the Parties. No other promises, agreements, covenants or representations, express or implied, oral or written, have been made by any Party to any other Party concerning the subject matter of this AGREEMENT, and neither the fact of this AGREEMENT nor any of its terms creates, or is intended to create, any rights or interests in any third party. This AGREEMENT is made solely for the benefit of the ILLINOIS TOLLWAY and the DEPARTMENT. All prior and contemporaneous negotiations, promises, agreements, covenants and representations between the Parties concerning the subject matter of this AGREEMENT are merged into this AGREEMENT. 3. Whenever in this AGREEMENT approval or review by either the DEPARTMENT or the ILLINOIS TOLLWAY is provided for, said approval or review shall not be unreasonably delayed or withheld. 4. No later than fourteen (14) calendar days after execution of this AGREEMENT, each PARTY shall designate in writing a representative who shall serve as the full-time representative of said PARTY during the period this AGREEMENT is in effect. Each 25 4 representative shall have authority, on behalf of such PARTY, to make decisions relating to implementation of this AGREEMENT. Representatives may be changed, from time to time, by subsequent written notice. Each representative shall be readily available to the other PARTY. 5. This AGREEMENT may be executed (including electronically) in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. 6. This AGREEMENT may not be amended or modified without the written consent of the Parties and the Illinois Attorney General. 7. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and their respective successors and approved assigns. 8. Failure by the ILLINOIS TOLLWAY or the DEPARTMENT to seek redress for a violation of this AGREEMENT or to insist upon the strict performance of any condition or covenant of this AGREEMENT shall not constitute a waiver of any breach or subsequent breach of such covenants, terms, conditions, rights and remedies. No provision of this AGREEMENT shall be deemed waived by the ILLINOIS TOLLWAY or the DEPARTMENT unless such provision is waived in writing by the Party intended to benefit therefrom. 9. This AGREEMENT shall be governed and construed in accordance with the laws of the State of Illinois, without regard to conflicts of law principles, and in the event of a dispute, venue shall lie exclusively in DuPage County, Illinois. 10. The DEPARTMENT shall maintain books and records relating to the performance of this AGREEMENT necessary to support amounts charged to the ILLINOIS TOLLWAY. The DEPARTMENT shall maintain books and records, including information stored in databases or other computer systems, for a period of three (3) years from the date of final payment under this AGREEMENT. Books and records the DEPARTMENT is required to maintain shall be available for review or audit by representatives of the Auditor General, the Executive Inspector General, the Illinois Tollway Inspector General, State of Illinois or ILLINOIS TOLLWAY internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. 11. Either Party to this AGREEMENT may terminate this AGREEMENT by notifying the other Party in writing. Such written notice shall be effective ninety (90) days after the date of the notice. Such written notice shall be sent by U.S. Mail or overnight messenger as follows: If to the DEPARTMENT If to the ILLINOIS TOLLWAY Lake Forest Fire Department The Illinois State Toll Highway Authority 255 West Deerpath Rd. 2700 Ogden Avenue Lake Forest, IL 60045 Downers Grove, IL 60515 Attention: Fire Chief Attention: General Counsel 26 5 IN WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT to be executed on the dates indicated. THE CITY OF LAKE FOREST By: Date: George A. Pandaleon Mayor THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: Date: Lanyea Griffin Interim Executive Director Approved as to Form and Constitutionality , AAG Attorney General, State of Illinois Illinois Tollway_City of Lake Forest_05.17.2022 27 6 EXHIBIT A Lake Forest Fire Department Tri-State Tollway Eastbound Milepost 19.1 to Milepost 21.7 Westbound Milepost 19.0 to Milepost 18.2 Illinois Tollway_City of Lake Forest_05.17.2022 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127