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Home My WebLink About03.27.23 AGENDA City Council Monday, March 27, 2023 Lorraine H. Morton Civic Center, James C. Lytle City Council Chambers, Room 2800 7:00 PM Administration & Public Works Committee begins at 5:00pm Planning & Development Committee begins at 6:00pm City Council convenes at 7:00pm or the conclusion of Planning & Development Committee Join Zoom Meeting: https://us06web.zoom.us/j/84104138646?pwd=Ym9LOE80RVJGaE85ZmRtQ2UzbUU5dz09 Meeting ID: 841 0413 8646 Passcode: 588498 Those wishing to make public comments at the Administrative & Public Works Committee, Planning & Development Committee or City Council meetings may submit written comments in advance or sign up to provide public comment by phone or video during the meeting by completing the City Clerk's Office's online form at www.cityofevanston.org/government/city- clerk/public-comment-sign-up or by calling/texting 847-448-4311. Community members may watch the City Council meeting online at www.cityofevanston.org/channel16 or on Cable Channel 16. Page (I) ROLL CALL - COUNCILMEMBER HARRIS (II) MAYOR PUBLIC ANNOUNCEMENTS AND PROCLAMATIONS (III) CITY MANAGER PUBLIC ANNOUNCEMENTS Illinois Section American Water Works Association Water Professional of the Year Award to Darrell King Page 1 of 642 (IV) COMMUNICATIONS: CITY CLERK (V) PUBLIC COMMENT Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Public comments will be noted in the City Council Minutes and become part of the official record. Those wishing to speak should sign their name and the agenda item or non-agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Councilmembers do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of a meeting shall, at the discretion of the mayor or presiding officer, be barred from further participation during that meeting. Public comments are requested to be made with these guidelines in mind. (VI) SPECIAL ORDERS OF BUSINESS SP1. Update on Resolution 65-R-22, a Resolution Reaffirming the City of Evanston's Commitment to the Protection of Fundamental Reproductive Health Care Rights Staff recommends that City Council accept and place on file the information provided herein regarding the progress made toward fulfilling the directives outlined in 65-R-22, a Resolution Reaffirming the City of Evanston's Commitment to the Protection of Fundamental Reproductive Health Care Rights For Action: Accept and Place on File Update on Resolution 65-R-22, a Resolution Reaffirming the City of Evanston's Commitment to the Protection of Fundamental Reproductive Health Care Rights 16 - 23 Page 2 of 642 SP2 ADA Transition Plan Report Staff recommends that City Council accept and place on file the ADA Transition Plan, including recommendations for City compliance with the Americans with Disabilities Act. For Action: Accept and Place on File ADA Transition Plan Report 24 - 26 SP3. Update on the Request For Proposal for a New Comprehensive Plan & Zoning Code Staff will present an overview of the process and timeline for issuing a Request for Proposal (RFP) for a new Comprehensive Plan and Zoning Code. For Discussion Update on the Request For Proposal for a New Comprehensive Plan & Zoning Code 27 - 28 (VII) CONSENT AGENDA - CITY COUNCIL MINUTES M1. Approval of the Minutes of the Regular City Council Meeting of March 13, 2023 Staff recommends the approval of the Minutes of the Regular City Council meeting of March 13, 2023 For Action Approval of the Minutes of the Regular City Council Meeting of March 13, 2023 29 - 46 (VIII) CONSENT AGENDA - ADMINISTRATION & PUBLIC WORKS COMMITTEE A1. Approval of the City of Evanston Payroll, and Bills List. Staff recommends City Council approval of the City of Evanston Payroll for the period of February 27, 2023, through March 12, 2023, in the amount of $2,934,522.40 and the Bills List for March 28, 2023, in the amount of $1,531,820.11. For Action Approval of the City of Evanston Payroll, and Bills List 47 - 70 Page 3 of 642 A2. Approval of Professional Services Agreement Extension with SAFEbuilt, Inc., for Supplemental Plan Review and Inspection Services Staff recommends that City Council authorize the City Manager to execute a one-year extension to the Professional Services Agreement with SAFEbuilt for supplemental plan review and inspection services from April 1, 2023, to March 31, 2024. The extension agreement includes project plan review services for Northwestern University’s Ryan Field Stadium and adds zoning and fire plan review services. Funding is provided from Building & Inspection Services Division’s Plumbing, Electrical, Plan Review Services account #100.2126.21.62464 which has a budget of $50,000. For Action Approval of Professional Services Agreement Extension with SAFEbuilt, Inc., for Supplemental Plan Review and Inspection Services 71 - 88 A3. Approval of a Contract with Pan Oceanic Engineering Co. for the Green Bay Road Water Main Replacement Project (Bid 23-14) Staff recommends City Council authorize the City Manager to execute a contract with Pan Oceanic Engineering Co. (4401 Roosevelt Road, Hillside, IL 60162) for the Green Bay Road Water Main Replacement Project (Bid 23-14) in the amount of $1,269,508.95. Funding is provided from the Water Fund in the amount of $1,230,767.95 and the Sewer Fund in the amount of $38,741.00. For Action Approval of a Contract with Pan Oceanic Engineering Co. for the Green Bay Road Water Main Replacement Project (Bid 23 -14) 89 - 95 A4. Approval of a Contract with Garland/DBS for the 2023 Facility Envelope Repairs, Contract 1 Staff recommends City Council authorize the City Manager to execute a contract with Garland/DBS, Inc. (3800 East 91st St., Cleveland, OH) for the 2023 Facility Envelope Repairs, Contract 1, in the amount of $389,727. Garland is requesting a partial LEP waiver. Funding will be provided from the Capital Improvement Fund 2023 General Obligation Bonds in the amount of $389,727. A detailed financial analysis is included in the attached memo. For Action Approval of a Contract with Garland/DBS for the 2023 Facility Envelope Repairs, Contract 1 96 - 105 Page 4 of 642 A5. Approval of a Contract for the Dredging of the Church Street Boat Ramp (BID 23-08) Staff recommends that City Council authorize the City Manager to execute a contract in the amount of $65,000 with Kovilic Contruction Company, Inc. (3721 N. Carnation Street, Franklin Park, Illinois) for the dredging of the Church Street Boat Harbor. Funding is allocated in the Parks and Recreation Business Unit account 100.30.3065.65050, Boat Ramp Operations/BLDG Maintenace Material which has a FY 2023 budgeted amount of $36,000 and a year -to-date balance of $36,000. Additionally, this expense will be offset from fees collected from sales of boat launch permits. The 2023 Church Street boat permit revenue is projected at $50,550. Revenue is budgeted in Business Unit 100.30.3065.53565 Boat Ramp Operations. Cost for a 2023 resident season boat permit: $360 Cost for a 2023 non-resident season boat permit:$600 For Action Dredging of the Church Street Boat Ramp (BID 23 -08) 106 - 136 A6. Approval of a Contract Award to Worxbee to provide a shared pool of 80hrs/month of Virtual Executive Assistant service to Councilmembers. Councilmember Burns requests the City Council authorize the City Manager to execute a contract agreement with Worxbee, Inc. to provide a 12-month initial service term of 80 active hours of service per month at a rate of $5,616.00 per month. Funding for this work will be from the General Fund, City Council, and external services account (100.13.1300.62175), which has a FY2023 budget allocation of $68,042, all of which is remaining. For Action Approval of a Contract Award to Worxbee to provide a shared pool of 80hrs/month of Virtual Executive Assistant service to Councilmembers. 137 - 144 Page 5 of 642 A7. Approval of the sole-source purchase and programming of 10 Motorola APX6000xe Public Safety VHF radios from Chicago Communications, LLC., and Motorola Solutions Staff recommends that City Council authorize the City Manager to agree to a sole source purchase of ten (10) Motorola APX6000xe Public Safety VHF radios from Chicago Communications, LLC. (200 Spangler Ave, Elmhurst, IL 60126) and Motorola Solutions, Inc. (13108 Collections Center Drive, Chicago, IL 60693) at the total cost of $40,913.50. A Sole Source purchase requires a 2/3 vote of the Councilmembers. This expense will be allocated to the Emergency Telephone System Fun, Account 205.22.5150.65515 "Other Improvements." This account has an FY 2023 budget of $450,000 with $390,896.04 remaining YTD. For Action Approval of the sole-source purchase and programming of 10 Motorola APX6000xe Public Safety VHF radios from Chicago Communications, LLC. and Motorola 145 - 149 A8. Approval of the Fourth Amendment to the Base Contract for the Sale and Purchase of Natrual Gas Staff recommends the City Council authorize the City Manager to execute the Fourth Amendment to the Base Contract for the Sale and Purchase of Natural Gas with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX 77056) for the purchase of natural gas for 16 City-owned buildings The cost of natural gas is billed to the various accounts that support the buildings that are purchasing natural gas through this contract. Please see attached Exhibit 1, which lists the buildings served by this agreement and the accounts being charged. For Action Approval of the Fourth Amendment to the Base Contract for the Sale and Purchase of Natrual Gas 150 - 160 Page 6 of 642 A9. Resolution 24-R-23, Authorizing the Mayor to Sign a Joint Funding Agreement for State-Let Construction Work for Federal Participation with Illinois Department of Transportation to Commit Matching Funds for the Main Street Improvements Project. Staff recommends the adoption of Resolution 24-R-23, Authorizing the Mayor to Sign a Joint Funding Agreement for State -Let Construction Work for Federal Participation with the Illinois Department of Transportation to Commit Matching Funds for the Main Street Improvements Project. Adoption of this resolution will allow Evanston to receive $2,000,000 in Illinois Transportation Enhancement Program (ITEP) funding and commits Evanston for matching funds in the amount of $4,734,590 for the project, which includes Metropolitan Water Reclamation District (MWRD), Invest in Cook Grant Funds, Chicago Avenue TIF & GO Bond Funds. A detailed funding summary is provided below. For Action Resolution 24-R-23, Authorizing the Mayor to Sign a Joint Funding Agreement for State-Let Construction Work for Federal Participation with IDOT 161 - 175 A10. Resolution 25-R-23 Authorizing the City Manager to Execute the Collective Bargaining Agreement Between the City of Evanston and Evanston Fire Fighters Association Local No. 742 International Association of Firefighters, AFL-CIO-CLC Staff recommends adoption of Resolution 25-R-23 authorizing the City Manager to execute the collective bargaining agreement between the City of Evanston and Evanston Fire Fighters Association Local No. 742 International Association of Firefighters, AFL-CIO-CLC For Action Resolution 25-R-23 Authorizing the City Manager to Execute the Collective Bargaining Agreement Between the City of Evanston and Evanston Fire Fighters 176 - 333 A11. Resolution 26-R-23 Authorizing the City Manager to Terminate the Lease Agreement Authorized by Ordinance 47-O-21 Staff recommends the adoption of Resolution 26-R-23 authorizing the City Manager to terminate the lease agreement authorized by Ordinance 47-O-21. Specifically the lease agreement between the City of Evanston and Artists Book House. For Action Resolution 26-R-23 Authorizing the City Manager to Terminate the Lease Agreement Authorized by Ordinance 47-O-21 334 - 340 Page 7 of 642 A12. Resolution 30-R-23, Authorizing the City Manager to Execute a License Agreement With Jens Jensen Gardens In Evanston, Inc. Staff recommends the City Council adopt Resolution 30-R-23, authorizing the City Manager to execute a License Agreement with Jens Jensen Gardens in Evanston, Inc. For Action Resolution 30-R-23, Authorizing the City Manager to Execute a License Agreement With Jens Jensen Gardens In Evanston, Inc. 341 - 356 A13. Ordinance 31-O-23, Authorizing the Sale of Surplus Property Owned by the City of Evanston Staff recommends that City Council adopt Ordinance 31 -O-23, directing the City Manager to offer the sale of vehicles owned by the City through public auction through GovDeals, an online auction system utilized by government agencies, or any other subsequent America’s Online Auction. These vehicles have been determined to be surplus due to new vehicle replacements being placed into service or vehicles that had to be taken out of service for safety reasons with the intention of eventual replacement. For Introduction Ordinance 31-O-23, Authorizing the Sale of Surplus Property Owned by the City of Evanston 357 - 361 A14. Ordinance 28-O-23 Authorizing the City Manager to Execute a Sale Contract for City-Owned Real Property located at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School District No. 202 Staff recommends adoption of Ordinance 28-O-23 authorizing the City Manager to execute a sale contract for City-owned real property at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School (“ETHS”) in conformance with the terms of the Intergovernmental Agreement (“IGA”) between the City of Evanston and Evanston Township High School for the Geometry in Construction (GIC) class. For Action Ordinance 28-O-23 Authorizing the City Manager to Execute a Sale Contract forCity Owned Real Property located at 1739 Brown Avenue and 1319 McDaniel 362 - 388 Page 8 of 642 A15. Ordinance 32-O-23, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529 Staff recommends City Council adoption of Ordinance 32-O-23, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529. Funding will be from the Special Assessment Fund (Account 420.40.6000.65515 – 423001), which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000, and from the 2023 General Obligation Bonds (Account 415.40.4123.65515 – 423001), which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000. For Action Ordinance 32-O-23, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529 389 - 404 (IX) CONSENT AGENDA - PLANNING & DEVELOPMENT COMMITTEE P1. Ordinance 33-O-23, Special Use for an Apartment Hotel in the R6 District at 1555 Oak Avenue, the Museum Residences on Oak (formerly King Home) The Land Use Commission recommends the adoption of Ordinance 33 - O-23, a Special Use for an Apartment Hotel in the R6 General Residential District at 1555 Oak Avenue, commonly known as the Museum Residences on Oak (formerly King Home). The proposed special use meets the Standards for Approval for special uses. For Introduction Ordinance 33-O-23, Special Use for an Apartment Hotel in the R6 District at 1555 Oak Avenue, the Museum Residences on Oak (formerly King Home) 405 - 424 P2 Ordinance 38-O-23, Amending Section 6-9-2-3 of the City Code Adding Performance Event Venues As A Special Use in the B1 Business District The Land Use Commission recommends the adoption of Ordinance 38 - O-23, amending Section 6-9-2-3 of the City Code, and adding Performance Event Venues as a Special Use in the B1 Business District. For Introduction Ordinance 38-O-23, Amending Section 6-9-2-3 of the City Code Adding Performance Event Venues As A Special Use in the B1 Business District 425 - 432 Page 9 of 642 P3. Ordinance 39-O-23, Granting a Special Use Permit to Allow for A Performance Entertainment Venue Pursuant to City Code 6-9-2-3 and Approving A Major Variation Pursuant to City Code 6 -16-5, Table 16-E on the Property Located At 1243-45 Chicago Avenue, in the B1 Business District The Land Use Commission recommends the adoption of Ordinance 39 - O-23 granting a Special Use Permit to allow for a Performance Entertainment Venue pursuant to City Code 6-9-2-3 and approving a Major Variation pursuant to City Code 6-16-5, Table 16-E on the property located at 1243-45 Chicago Avenue, in the B1 Business District. For Introduction Ordinance 39-O-23, Granting a Special Use Permit to Allow for A Performance Entertainment Venue Pursuant to City Code 6-9-2-3 and Approving A Major Varation 433 - 457 P4. Ordinance 26-O-23, Granting a Special Use Permit for Outdoor Storage and Open Sales and Approving Major Variations at 2201 Oakton Street The Land Use Commission recommends the adoption of Ordinance 26 - O-23 granting a Special Use Permit to allow for outdoor storage and open sales and approving Major Variations pursuant to City Code 6-3-8- 4(D), on the property located at 2201 Oakton Street, in the I1 Industrial/Office District and the oRD Redevelopment Overlay District. The applicant has complied with all zoning requirements and meets all of the Standards for Special Use for both districts. For Action Ordinance 26-O-23, Granting a Special Use Permit for Outdoor Storage and Open Sales and Approving Major Variations at 2201 Oakton Street 458 - 469 Page 10 of 642 P5. Ordinance 34-O-23, approving a Special Use and Major Variations for a religious institution at 1801-1805 Church Street. Land Use Commission recommends denial of the requested zoning relief. In late 2020 and early 2021, the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt. Pisgah Ministry, Inc. and Housing Opportunity Development Corporation (HODC) for the redevelopment of the vacant parcels to include a mixed -use building with affordable housing. See Legislative History for additional information. For Action Ordinance 34-O-23, approving a Special Use and Major Variations for a religious institution at 1801-1805 Church Street. 470 - 532 P6. Ordinance 35-O-23, approving Major Variations for the construction of a new 4-story mixed-use building at 1811-1815 Church Street. Land Use Commission recommends approval of Ordinance 35 -O-23 approving Major Variations from the Evanston Zoning Code to allow for the construction of a new 5-story mixed-use building with ground floor retail, 44 dwelling units above, 46 on -site vehicle parking and 26 bike parking spaces at 1811-1815 Church Street, HODC, in the B2 Business and oWE West Evanston Overlay Districts. In late 2020 and early 2021, the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4 -O- 21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt. Pisgah Ministry, Inc. and Housing Opportunity Development Corporation (HODC) for the redevelopment of the vacant parcels to include a mixed -use building with affordable housing. See Legislative History for additional information. For Action Ordinance 35-O-23, approving Major Variations for the construction of a new 4-story mixed-use building at 1811-1815 Church Street 533 - 557 (X) CONSENT AGENDA - HUMAN SERVICES COMMITTEE Page 11 of 642 HS1. Ordinance 25-O-23, Amending City Code 7-11-8, “Regulations of Dog Beach” Staff and the Human Services Committee recommend the adoption of Ordinance 25-O-23, Amending City Code 7-11-8, "Regulations of Dog Beach." Dog Beach rules signage in the amount of $125 will be purchased through the General Fund – Beaches/Safety Equipment (100.30.3080.65090) which has a FY23 budget of $2,200 and a remaining balance of $2,200. For Action Ordinance 25-O-23, Amending City Code 7-11-8, “Regulations of Dog Beach” 558 - 563 (XI) CONSENT AGENDA - FINANCE & BUDGET COMMITTEE F1. Resolution 19-R-23, Authorizing Payments Relating to the FY 2023 Capital Improvement Plan (CIP) Projects are reimbursed by the Subsequent 2023 General Obligation (GO) Bond Issuance Staff and the Finance and Budget Committee recommend adoption of Resolution 19-R-23, authorizing payments relating to FY 2023 Capital Improvement Plan (CIP) project expenditures up to $17,706,000 be reimbursed by the subsequent 2023 General Obligation (GO) bond issuance. For Action Resolution 19-R-23, Authorizing Payments Relating to the FY 2023 Capital Improvement Plan (CIP) Projects are reimbursed by the Subsequent 2023 GO Bond 564 - 569 (XII) CONSENT AGENDA - HOUSING & COMMUNITY DEVELOPMENT COMMITTEE Page 12 of 642 HCDC1. Approval of the 2022 Consolidated Annual Performance Evaluation Report (CAPER) for the City's Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant The Housing and Community Development Committee (HCDC) and staff recommend approval of the 2022 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER must be submitted to the Chicago Field Office of the U.S. Department of Housing and Urban Development by March 31, 2023. For Action Approval of the 2022 Consolidated Annual Performance Evaluation Report (CAPER) for the City's Community Development Block Grant, HOME Investment Partnership 570 - 572 HCDC2. Approval of Resolution 29-R-23, the Final 2023 Action Plan Incorporating the Actual 2023 Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Amounts The Housing and Community Development Committee and staff recommend approval of Resolution 29-R-23, the Final 2023 Action Plan that governs the use of the City’s Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) entitlement funding from the U.S. Department of Housing and Urban Development (HUD). The Action Plan has been updated to incorporate the 2023 grant amounts that were released on February 27, 2023. Funding for the 2023 Action Plan totals $2,249,270, comprising 2023 entitlement funds and 2022 program income as shown below: • CDBG: 2023 entitlement funds of $1,641,492; and $85,956 in Program Income for a total of $1,727,448 • HOME: 2023 entitlement funds of $340,606; and $32,162 in Program Income for a total of $372,768 • ESG: 2023 entitlement funds of $149,054 For Action Approval of Resolution 29-R-23, the Final 2023 Action Plan Incorporating the Actual 2023 Community Development Block Grant, HOME Investment Partnership 573 - 580 (XIII) CONSENT AGENDA - ECONOMIC DEVELOPMENT COMMITTEE Page 13 of 642 ED1. Approval of a Contract with Herrera Landscape & Snow Removal (8836 Lincolnwood Dr., Evanston, IL 60203) for the 2023 Great Merchant Grants Program and Business District Landscaping (RFP 23-13) Staff and the Economic Development Committee recommend the City Council authorize the City Manager to execute a contract with Herrera Landscape & Snow Removal (8836 Lincolnwood Dr., Evanston, IL 60203) in the amount of $77,368 to deliver landscaping services to the business districts. Funding in the amount of $23,963 will be from the Great Merchant Grant account , 100.15.5300.62656, which has a budget allocation of $77,500 of which $53,537 is remaining and $53,405 will be from four different TIF funds. A detail funding table is provided in the memo. For Action Approval of a Contract with Herrera Landscape & Snow Removal (8836 Lincolnwood Dr., Evanston, IL 60203) for the 2023 Great Merchant Grants Program 581 - 631 (XIV) CONSENT AGENDA - REPARATIONS COMMITTEE R1. Resolution 27-R-23, Amending the Restorative Housing Program to Include Direct Cash Payment as an Option The Reparations Committee recommends the adoption of Resolution 27-R-23, Amending the Restorative Housing Program to Include Direct Cash Payment as an Option. For Action Resolution 27-R-23, Amending the Restorative Housing Program to Include Direct Cash Payment as an Option 632 - 638 R2. Resolution 28-R-23 Directing the Reparations Committee to Create and Design a Program Consistent with Resolution 126-R-19 whereby Eligible Recipients Receive Cash Payment as a Form of Reparations The Reparations Committee recommends the adoption of Resolution 28-R-23, Directing the Reparations Committee to Create and Design a Program Consistent with Resolution 126-R-19 whereby Eligible Recipients Receive Cash Payment as a Form of Reparations. For Action Resolution 28-R-23 Directing the Reparations Committee to Create and Design a Program Consistent with Resolution 126-R-19 whereby Eligible Recipients 639 - 642 Page 14 of 642 (XV) CALL OF THE WARDS (Councilmembers shall be called upon by the Mayor to announce or provide information about any Ward or City matter which a Councilmember desires to bring before the Council.) {Council Rule 2.1(10)} (XVI) EXECUTIVE SESSION (XVII) ADJOURNMENT (XVIII) UPCOMING COMMITTEE MEETINGS DATE TIME BOARD/COMMITTEE/COMMISSION 3/28/2023 5:00PM Planning & Development Housing Subcommittee 4/3/2023 5:00PM Rules Committee - CANCELED 4/5/2023 6:30PM Citizen Police Review Commission Page 15 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Alison Leipsiger, Policy Coordinator Subject: Update on Resolution 65-R-22, a Resolution Reaffirming the City of Evanston's Commitment to the Protection of Fundamental Reproductive Health Care Rights Date: March 27, 2023 Recommended Action: Staff recommends that City Council accept and place on file the information provided herein regarding the progress made toward fulfilling the directives outlined in 65 -R-22, a Resolution Reaffirming the City of Evanston's Commitment to the Protection of Fundamental Reproductive Health Care Rights Council Action: For Action: Accept and Place on File Summary: By recommendation from Mayor Biss and Councilmember Geracaris, City Council approved Resolution 65-R-22 in August of 2022, a resolution that directed several departments and divisions to explore ways in which the City can expand protections for those seeking reproductive health care services in light of the national fight to protect the rights of birthing persons and the recent Dobbs V. Jackson Women's Health Organization ruling by the U.S. Supreme Court. The following departments and divisions were asked to make this consideration: • Health and Human Services • 311 • Human Resources • Purchasing • Evanston Police Department Health and Human Services, along with 311, established a Reproductive Rights webpage on the City's website. This page is full of resources to help residents, employees, and visitors navigate any issues or questions they have about accessing reproductive he alth care. The website can be found at https://www.cityofevanston.org/government/departments/health- human-services/reproductive-rights, or by navigating to the "Departments" page on the "Government" drop-down menu on the home page, the "Health and Human Services" option, SP1.Page 16 of 642 and then "Reproductive Rights." In addition to resources, HHS and 311 have created a HIPAA - protected web form that people can use to request assistance. From a purchasing standpoint, requiring this provision may impact the number of responses we receive. The City's current LEP requirement and MWEBE goal have a direct impact on the number of contractors who can meet (and respond) to city procurement opportunities. In addition, tracking organizations/contractors' compliance with the City's resolution (775 ILCS 55) would require additional staff time to evaluate submittals and possibly an award o f projects in a timely manner. Human Resources and the Evanston Police Department continue to explore ways to protect individuals who are seeking reproductive health care by keeping information private and establishing protocols to evaluate potential requests from other jurisdictions that may be inquiring about staff, residents, and visitors. Legislative History: The City Council adopted resolution 6-R-22 on August 8, 2022. Attachments: Resolution 65-R-22 Page 2 of 8 SP1.Page 17 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Alison Leipsiger, Policy Coordinator Subject: Resolution 65-R-22, A Resolution Reaffirming the City of Evanston's Commitment to the Protection of Fundamental Reproductive Health Care Rights Date: August 8, 2022 Recommended Action: Mayor Biss and Councilmember Geracaris recommend that City Council adopt Resolution 65- R-22, a resolution reaffirming the City of Evanston's commitment to the protection of fundamental reproductive health care rights. Council Action: For Action Summary: Resolution 65-R-22 reaffirms the City's commitment to protecting the fundamental reproductive health care rights of all Evanston residents and all who visit Evanston to seek reproductive health care services. Amidst the national fight to protect the rights of birthing persons to privacy and reproductive services, including abortion, and in light of the recent Dobbs V. Jackson Women's Health Organization ruling by the U.S. Supreme Court, Resolution 65 -R-22 directs several City departments and divisions to explore ways to support and protect anyone seeking reproductive health care. The following departments or divisions are directed to explore ways in which the City can expand protections for those seeking reproductive health care services, by expanding Ci ty services or information, protecting the identity of or data from individuals seeking information, ensuring the City prioritizes working with or contracting with certain vendors, or any other forms of protections each department or division can expand: The City's Human Resources division is directed to ensure that City-sponsored health insurance, paid time off, privacy provisions, and more are designed to support and protect individuals seeking reproductive health services. Page 3 of 8 SP1.Page 18 of 642 The City's Health and Human Services Department and 311 Information Service are directed to, in partnership with knowledgeable nonprofit partners, curate and provide accurate information for those seeking such services, and establish protocols for maintaining the privacy of any resident or non-resident who contacts those departments in search of such information. The City's Purchasing Department is tasked with exploring the possibility of taking into consideration the reproductive health care policies provided by potential vendors to its employees in procurement policies. And finally, the Evanston Police Department is directed to develop and implement protocols to protect the privacy of individuals who may be sought by law enforcement in other jurisdictions who seek to criminalize individuals seeking abortion. These departments and divisions shall report back to Council on their findings at or before a March, 2023 City Council meeting. Attachments: Resolution 65-R-22 Page 2 of 6Page 4 of 8 SP1.Page 19 of 642 8/8/2022 65-R-22 A RESOLUTION REAFFIRMING THE CITY OF EVANSTON’S COMMITMENT TO THE PROTECTION OF FUNDAMENTAL REPRODUCTIVE HEALTH CARE RIGHTS WHEREAS, the City of Evanston is a home rule municipality under the Illinois Constitution of 1970; and WHEREAS, on June 24, 2022 in the matter of Dobbs V. Jackson Women’s Health Organization, the Supreme Court of the United States ruled that the Constitution of the United States does not confer a right to an abortion; and WHEREAS, the decision in Dobbs is the result of a national and decades long attack on bodily autonomy and necessary reproductive health care procedures and professionals; and WHEREAS, Dobbs, the underlying campaign leading to that decision, and the consequences of that decision—both intended and unintended--are putting the lives of millions of people at risk; and WHEREAS, the State of Illinois has passed the Reproductive Health Act (775 ILCS 55) that provides localities “may enact ordinances, standards, rules, or regulations that protect an individual's ability to freely exercise the fundamental rights set forth in [the] Act in a manner or to an extent equal to or greater than the protection provided in [the] Act;” and WHEREAS, the legislatures and governors of neighboring states have publicly stated that they may make or have already made it a criminal offense to seek, take or Page 3 of 6Page 5 of 8 SP1.Page 20 of 642 65-R-22 ~2 ~ undergo a variety of reproductive health procedures or medications, including abortion; and WHEREAS, the City of Evanston recognizes that abortion is a reproductive health care procedure that should be safe and available to those who choose such a procedure; and WHEREAS, as an employer, the City of Evanston desires to be a welcoming and safe place for its employees and in furtherance of that goal, will protect its employees’ right to bodily autonomy and privacy and supports its employees’ health and wellness— whether physical, mental or emotional; and WHEREAS, Evanston residents as well as persons visiting from other states may have questions about access to abortions or other reproductive health care services within the City of Evanston; and WHEREAS, the City of Evanston desires to make express--and openly articulate and reaffirm--its commitment to protecting an individual's ability to freely exercise their fundamental health care rights, including their reproductive health care rights, by protecting access to all such health care choices, including but not limited to those recognized in the Act. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS IN THE EXERCISE OF ITS HOME RULE POWERS AND AUTHORITY: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. Page 4 of 6Page 6 of 8 SP1.Page 21 of 642 65-R-22 ~3 ~ SECTION 2:That the City of Evanston’s Human Resources division shall examine current policies and put forth recommendations to ensure that the City is providing the necessary options and protections for employees seeking any reproductive health care services, including abortions, including within employee health insurance plans, paid leave policies, privacy policies, and more. SECTION 3: Be it further resolved: That the City of Evanston’s Health and Human Services Department and Evanston’s 311 Information Service are hereby directed to coordinate with local nonprofit experts to prepare for any incoming requests from residents, and nonresidents alike, for information about reproductive health care services including how and where to access them and, in so doing, the HHS Department and 311 Service are further directed to develop and implement protocols to maintain the privacy and shield the identity of those persons making such inquiries-- particularly those persons that reside outside of Illinois. SECTION 4: Be it further resolved: The Purchasing Department is hereby directed to explore means by which to include a contractor’s provision of reproductive health care options as a criterion to be considered in evaluating contractors in the award of contracts, consistent with the City’s other procurement policies. SECTION 5: Be it further resolved: That the Evanston Police Department is hereby directed to develop and implement protocols to maintain the privacy and shield the identity of persons being sought by law enforcement from other jurisdictions where reproductive health care choices have been criminalized and/or where law enforcement seeks to identify those who have terminated a pregnancy or otherwise received reproductive health care services or medical treatment of any kind in Illinois. Page 5 of 6Page 7 of 8 SP1.Page 22 of 642 65-R-22 ~4 ~ SECTION 6: Human Resources, Health and Human Services, 311 Information Service, Procurement, and the Police Department shall all report back to City Council concerning the progress made on these directives at the first regularly scheduled meeting in March, 2023. SECTION 7: Resolution 65-R-22 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ____________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2022 Approved as to form: _______________________________ Derke Price, Interim Corporation Counsel Page 6 of 6Page 8 of 8 SP1.Page 23 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Stefanie Levine, Senior Project Manager. CC: Audrey Thompson - Parks and Recreation Director; Edgar Cano - Public Works Agency Director; Lara Biggs - City Engineer Subject: ADA Transition Plan Report Date: March 27, 2023 Recommended Action: Staff recommends that City Council accept and place on file the ADA Transition Plan, including recommendations for City compliance with the Americans with Disabilities Act. CARP: Vulnerable Populations Council Action: For Action: Accept and Place on File Summary: The Americans with Disabilities Act (ADA) became Federal law on January 26, 1992. The fundamental goal of the ADA is to ensure equal access to civic life for people with disabilities. The Act comprises five titles prohibiting discrimination aga inst disabled persons within the United States. Title II of the ADA requires state and local governments to make every program, service, and activity accessible to persons with disabilities. As such, the City of Evanston is legally required to conduct a self-evaluation and an ADA Transition Plan, which identifies existing obstacles limiting accessibility and describes steps that are to be taken to ensure that facilities and elements within the public right of way are made accessible to all individuals. The Illinois Accessibility Code (IAC) was developed by the State of Illinois to ensure that Illinois citizens with disabilities are treated fairly and equally and that certain newly -constructed or renovated buildings comply with accessibility standards tha t guarantee they are safe and readily accessible to persons with disabilities. The current IAC is effective as of October 23, 2018. It applies to all government-owned or leased public buildings, structures, sites, and rights-of-way. The City of Evanston must also legally comply with the IAC. On May 24, 2021, City Council approved the award of a contract with Altura Solutions, LLC, for the ADA Transition Plan Update, updating the City's existing plan, which had not been SP2 Page 24 of 642 updated since 2012. The purpose of the ADA Transition Plan is to provide a pathway for the City to make all public infrastructure and every program and service provided by the City to be readily accessible and usable by individuals with disabilities. The City is required to make this plan publicly available, to make measurable annual progress on the plan, and to provide an annual report on that progress. Not only are these legal requirements of state and federal law, but these steps are aligned with the City's goals. An ADA Advisory Group was created to oversee and provide feedback on Altura Solutions. This group consisted of community members, all of whom have disabilities and/or are connected to the Evanston disabled community, as follows: • Betty Bogg, Connections for the Homeless • Schawanda Bost, Center for Independent Futures • Patti Capouch, Impact Behavioral Health Partners • Sue Cantor, Evanston Age Friendly Task Force • Patrick Hughes, Disability Advocate • Richard Malone, Center for Independent Futures Executive Director • Patricia Phillips, Over the Rainbow • Erika Seaver, Evanston Township High School American Sign Language Teacher • Audrey Thompson, Parks, and Recreation Director • Betsy Uzzel, Center for Independent Futures • Fred Wittenberg, Community Member Between July 2021 and September 2022, City staff worked with Altura Solutions to develop the update. During that time, Altura Solutions performed a variety of tasks, including: 1. Conducting extensive interviews and discussions with each City department to understand and catalog the City's programs, services, and activities (PSAs) 2. Conducting public engagement activities, including meeting extensively with a community-led ADA Advisory Group, holding two public meetings, and issuing a public survey. 3. Performing inspections of all City buildings and parks to identify ADA compliance violations and capture the results of those inspections in a GIS database 4. Developing a program approach to implementing ADA improvements within the public right-of-way 5. Preparing a report summarizing the findings and implementation recommendations 6. Provide staff training on ADA compliance. Analysis: Altura's work resulted in the ADA Transition Plan Update, which is now complete and posted on the City's website at this location: https://www.cityofevanston.org/home/showpublisheddocument/88610 This document is 593 pages long, but a 3-page executive summary is provided starting on the page of the document. Page 2 of 3 SP2 Page 25 of 642 The Plan identifies five recommended actions for the City to implement in the short term. The staff has developed a proposed action plan for each recommendation: 1. Appoint a Full-Time ADA Coordinator Action Plan: The FY 2023 budget included a new position to serve as the City's appointed ADA Coordinator. This position will be located in the Parks and Recreation Department and will also supervise the inclusion staff. 2. Formalize an ADA Departmental ADA Liaison System Action Plan: Each department will designate an ADA Liaison who will work with the ADA Coordinator to implement the ADA Transition Plan as it pertains to their department, address concerns, and resolve community complaints. 3. Create an ADA Advisory Group, Task Force, or Commission to Meet Regularly with the ADA Coordinator Action Plan: The newly-formed Commission on Aging and Disabilities has been designated to fulfill this role. Of the nine members, a minimum of three commission members will h ave disabilities. This commission is expected to meet monthly. This commission will report to the Human Services Committee. A link to the commission webpage can be found here: https://www.cityofevanston.org/government/boards-commissions-and- committees/commission-on-aging 4. Have the ADA Advisory Group Review the Annual City Budget to Address the Recommendations of the Plan Action Plan: This is proposed to be a responsibility of the Commission on Aging and Disabilities. 5. Create a System to Track ADA Requests from Residents and Track the Progress of the Request Action Plan: The City will be implementing a grievance procedure that aligns with recommendations developed by the Chicago Metropolitan Agency for Planning (CMAP). Community members will be able to initiate a process through the City's 311 system. The City's website will be updated to make this process transparent to the public. Other Recommendations: The ADA Transition Plan developed a list of violations of the ADA that are present at City facilities and parks. As improvements are completed in each location, staff will utilize the plan as a resource to identify needed ADA improvements that will be inco rporated into capital improvement projects. In addition, staff recommends budgeting an additional $300,000 annually to directly implement ADA improvement projects. Similarly, the ADA Transition Plan has identified areas of non-compliance in the programs and services offered by the City of Evanston. It will be the responsibility of the ADA Coordinator and the Departmental ADA Liaisons to implement needed improvements. Page 3 of 3 SP2 Page 26 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Elizabeth Williams, Planning Manager CC: Sarah Flax, Interim Community Development Director, Melissa Klotz, Zoning Administrator, Meagan Jones, Neighborhood & Land Use Planner, Katie Ashbaugh, Planner Subject: Update on the Request For Proposal for a New Comprehensive Plan & Zoning Code Date: March 27, 2023 Recommended Action: Staff will present an overview of the process and timeline for issuing a Request for Proposal (RFP) for a new Comprehensive Plan and Zoning Code. Council Action: For Discussion Summary: In 2022, the City issued a Request for Proposal (RFP) to develop a new Comprehensive Plan and Strategic Plan. A contract was not awarded at that time. Since then, the City Council has embarked on a separate process to develop City Council goals & strategic plan to guide implementation. This presented an opportunity to reevaluate the scope of services being requested. On April 6, 2023, the City of Evanston will issue a new RFP seeking proposals from highly qualified and experienced consultants to work collaboratively with the community to prepare a new Comprehensive Plan and Zoning Code. The City's most recent Comprehensive Plan was adopted in 2000. The City's implementing zoning regulations, located in Title VI, Zoning, of the City Code, were adopted in 1993, with several text amendments of varying degrees since its adoption. Recognizing the significant structural changes to our economy and society over the last 30 years, this process will present an exciting opportunity for the City and community to develop a modern, flexible, forward-looking, and equitable approach to evaluating its land use goals, policies (Comprehensive Plan), and implementing regulations (Zoning Code) to ensure they are aligned to achieve the City's vision, mission and goals. SP3.Page 27 of 642 At the March 27th City Council meeting, staff from the Community Development Department, Planning & Zoning Division, will present an overview of the process taken to develop the scope of services for a new Comprehensive Plan & Zoning Code. A tentative timeline for the RFP process is outlined below: • April 6, 2023 - Issue Request for Proposal • May 16, 2023 - Proposals Due • July 2023 - City Council Award of Contract • August 2023 - Contract Effective Page 2 of 2 SP3.Page 28 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Omar Sheikh, Deputy City Clerk Subject: Approval of the Minutes of the Regular City Council Meeting of March 13, 2023 Date: March 27, 2023 Recommended Action: Staff recommends the approval of the Minutes of the Regular City Council meeting of March 13, 2023 Council Action: For Action Summary: The Minutes of the Regular City Council meeting of March 13, 2023 are attached for review and approval by the City Council. Attachments: City Council Meeting Draft Minutes - March 13, 2023 M1.Page 29 of 642 Page 1 MINUTES March 13,2023 REGULAR CITY COUNCIL MEETING CITY OF EVANSTON,ILLINOIS LORRAINE H.MORTON CIVIC CENTER JAMES C.LYTLE COUNCIL CHAMBERS Monday,March 13th,2023 Present:Councilmember Kelly Councilmember Suffredin Councilmember Harris (virtual)Councilmember Burns Councilmember Wynne Councilmember Revelle Councilmember Nieuwsma Councilmember Geracaris (8) Absent:Councilmember Reid Presiding:Mayor Daniel Biss Stephanie Mendoza City Clerk Page 2 of 18 M1.Page 30 of 642 Page 2 MINUTES March 13,2023 (II)MAYOR PUBLIC ANNOUNCEMENTS &PROCLAMATIONS Mayor Daniel Biss (III)CITY MANAGER PUBLIC ANNOUNCEMENTS City Manager Luke Stowe (IV)COMMUNICATIONS:CITY CLERK City Clerk Stephanie Mendoza (V)PUBLIC COMMENT Name Agenda Item /Topic Roberta Hudson P2 Tina Paden Connections for the Homeless Mike Vasilko SP1,A9,Climate Action Carlis Sutton Redlining Patrick Keenan-Devlin SS1 Michael Hoff A9 Cindy Castro SS1 Darlene Cannon Small Business Assistance Program,Redlining Doreen Price Affordable Housing,Climate Action,ARPA evanstonlivetv@gmail.com Reparations Haley Guion P2,P3 Radica Sutz P2 Ray Friedman Northwestern owned properties -property taxes Written Received Public Comment Page 3 of 18 M1.Page 31 of 642 Page 3 MINUTES March 13,2023 (VI)SPECIAL ORDERS OF BUSINESS SPB1.Prioritizing the Use of Unallocated ARPA Funds was discussed Staff recommended that the City Council discuss and prioritize the use of the unallocated ARPA Funds. American Rescue Plan Act (ARPA)funds,account 170.99.1700.55251 Motion:Councilmember Nieuwsma Second:Councilmember Geracaris For Discussion CONSENT AGENDA Items A2,A7,A9,A17,A18,P2 and P3 were removed from the Consent Agenda Motion:Councilmember Nieuwsma Second:Councilmember Wynne For Action Items Approved 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid (VII)CONSENT AGENDA -CITY COUNCIL MINUTES M1.The Minutes of the Regular City Council meeting of February 27,2023 was approved Staff recommended the approval of the Minutes of the Regular City Council meeting of February 27,2023. For Action Approved on Consent Agenda (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A1.City of Evanston Payroll,Bills List,and Credit Card Activity was approved Staff recommended City Council approval of the City of Evanston Payroll for the period of February 13,2023,through February 26,2023,in the amount of $3,772,734.64 and the Bills List for March 14,2023,in the amount of $3,603,359.98,and credit card activity for the period ending January 26,2023,in the amount $265,880.65. For Action Approved on Consent Agenda Page 4 of 18 M1.Page 32 of 642 Page 4 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A2.BMO Harris Amazon Credit Card Activity was approved Staff recommended approval of the City of Evanston’s BMO Harris Amazon Credit Card Activity for the period ending January 26,2023,in the amount of $12,280.76. Motion:Councilmember Nieuwsma Second:Councilmember Wynne For Action Item Approved 7 -0 -1 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:None Abstain:Suffredin Absent:Reid A3.A Sole-Source Annual Renewal of the CAD Software License and Service Agreement with CentralSquare Technologies was approved Staff recommended that the City Council authorize the City Manager to renew the sole source software license and service agreement with CentralSquare Technologies (1000 Business Center Drive,Lake Mary,FL)for the Police Department’s CAD (Computer Aided Dispatch)software in the amount of $93,898.05.The Agreement is effective from May 1,2023,through April 30,2024.A sole-source purchase requires a 2/3 vote of the Councilmembers. Funding will be provided by the Emergency Telephone System Account 205.22.5150.62509 (Service Agreements &Contracts)with an FY23 budget of $335,000 and a YTD balance of $299,924.80. For Action Approved on Consent Agenda A4.A Sole Source Agreement with Superion,LLC,for CAD (Computer Aided Dispatch)Server Migration Services was approved Staff recommended that the City Council authorize the City Manager to execute a sole source agreement with Superion,LLC,a Central Square Company (1000 Business Center Drive Lake Mary,FL 32746)for CAD server migration services in the amount of $25,350.00. Funding will be provided by the Emergency Telephone System Account 205.22.5150.65515 (Other Improvements)with an FY23 budget of $450,000 and a YTD balance of $450,000. For Action Approved on Consent Agenda Page 5 of 18 M1.Page 33 of 642 Page 5 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A6.A Contract with Environmental Consulting Group to Conduct a Site Investigation and Obtain an Illinois EPA NFR Letter for the property located at 729 W.Howard Street was approved Staff recommended City Council approval for a sole source contract with Environmental Consulting Group totaling $28,111 to Conduct a Site Investigation and Obtain an Illinois EPA No Further Remediation (NFR)Letter for the property located at 729 W.Howard Street.A sole-source purchase requires a 2/3 vote of the Councilmembers. Howard Ridge Tax Increment Finance (TIF)account #330.99.5860.65507. Approximately $1.5 million remains in the TIF for economic development purposes. For Action Approved on Consent Agenda A7.A Contract Award to Worxbee to provide a shared pool of 80hrs/month of Virtual Executive Assistant service to Councilmembers was tabled at Administration & Public Works Councilmember Burns and City staff requested that the APW Committee table the award of the contract with Worxbee until the March 27,2023,Committee meeting. Funding for this work will be from the General Fund,City Council,and external services account (100.13.1300.62175),which has a FY2023 budget allocation of $68,042,all of which is remaining. For Action Tabled at Administration &Public Works A8.A Sole Source Renewal of Dell Pro Support Q1 2023 was approved Staff recommended City Council approval for the sole source purchase to renew ProSupport agreements with Dell Technologies (1 Dell Way,Round Rock,TX 78682)in the amount of $37,883.24 .A sole-source purchase requires 2/3 vote of the Councilmembers. This expense will be charged to IT account 100.19.1932.62340 (IT Computer Software)which has a FY 2023 budgeted amount of $1,420,000.00 and a year-to-date balance of $1,333,571.11. For Action Approved on Consent Agenda Page 6 of 18 M1.Page 34 of 642 Page 6 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A9.A Contract with Hacienda Landscaping for the Twiggs Park Skate Park (Bid 23-03)was approved Staff recommended City Council authorize the City Manager to execute a contract with Hacienda Landscaping Inc.(17840 Grove Road,Minooka,IL 60447)for the Twiggs Park Skate Park (Bid 23-03)in the amount of $1,757,266.00. Funding will be from the Capital Improvement Fund 2021 General Obligation Bonds in the amount of $15,000;the 2022 General Obligation Bonds in the amount of $1,250,000;an OSLAD grant from the Illinois Department of Natural Resources in the amount of $400,000;and from the General Fund available cash balance in the amount of $92,266.A detailed financial analysis is included below. Motion:Councilmember Geracaris Second:Councilmember Nieuwsma For Action Item Approved 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid A10.The 2023 Calendar of Special Events was approved Staff recommended approval of the 2023 list of special events contingent upon compliance of all requirements as set forth by the Special Event Policy &Guidelines. This year ’s calendar includes 2 new events. Costs for city services provided for events require a 100%reimbursement from the sponsoring organization or event coordinator.These fees are waived for City events and City co-sponsored Events. For Action Approved on Consent Agenda Page 7 of 18 M1.Page 35 of 642 Page 7 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A11.A Purchase of Five Electric Vans,One Salt Spreader Body,and One Boat for Various City Departments was approved Staff recommended the City Council authorize the City Manager to enter into a purchase agreement with Currie Motors (10125 W.Laraway Rd,Frankfort,IL 60423)in the amount of $294,096.20 for five (5)2023 ETransit 350 Cargo Vans as replacement vehicles for Facilities &Fleet Management and for Parking Maintenance,a purchase agreement with Lindco Equipment Sales (2168 East 88th Drive,Merriville,IN 46410)in the amount of $68,501.00 for one (1)2023 Swenson EV100-15-84-56-SS Salt Spreader Body as a new addition for the Public Works Agency as part of the Workforce Development Program,and Gage Marine (5167 State Highway 50,Delevan,WI 53115) in the amount of $56,091.00 for one (1)2023 170 Montauk Boat and Trailer as a replacement for Parks and Recreation.The total purchase amount is $418,688.20. Funding for the five (5)Electric Vans and one (1)Boat and Trailer will be from the Automotive Equipment Fund (Account 601.19.7780.65550)in the amount of $350,187.50,which has an FY 2023 budgeted amount of $2,700,000.00.This expenditure represents 6.8%of this budgeted amount. Funding for the purchase of the Salt Spreader Body in the amount of $68,501.00 will be through the transfer of $930,000 in American Rescue Plan (ARPA)funds for the Workforce Development/Water Line Replacement Program with an unencumbered balance of $639,986 to the Equipment Replacement Fund (Account 601.19.7780.65550). For Action Approved on Consent Agenda A12.A Sole Source Purchase and programming of 37 Motorola APX Public Safety Mobile Radios from Chicago Communications,LLC.was approved Staff recommended that City Council authorize the Sole Source purchase of thirty-seven (37)Motorola APX Public Safety VHF Mobile Radios from Chicago Communications,LLC (200 Spangler Ave,Elmhurst,IL 60126)for a total of $115,035.86.Installation and programming of radios are included in the cost.A Sole Source purchase requires a 2/3 vote of the Councilmembers. This expense will be allocated to Account 100.23.2315.65515,which has no budget in 2023.This expense will be offset by projected excess revenue from GEMT (100.23.2315.53676)in 2023 and will require a budget amendment. For Action Approved on Consent Agenda Page 8 of 18 M1.Page 36 of 642 Page 8 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A13.Resolution 20-R-23,Authorizing the City Manager to Execute the Illinois Public Works Mutual Aid Network Agreement was approved Staff recommended approval of Resolution 20-R-23,authorizing the City Manager to execute a mutual aid agreement with the Illinois Public Works Mutual Aid Network. There is a $500 annual membership cost for communities with a population greater than 75,000.Funding will be provided from the Public Works Administration business unit (Account 100.40.4105.62360),which has a 2023 budget of $2,450,all of which is remaining. For Action Approved on Consent Agenda A14.Resolution 23-R-23,Appointing Mary Dankwa as the City of Evanston's Authorized Agent for the Illinois Municipal Retirement Fund was approved Staff recommended the adoption of Resolution 23-R-23,Appointing Mary Dankwa as the City of Evanston's Authorized Agent for the Illinois Municipal Retirement Fund. For Action Approved on Consent Agenda A15.Ordinance 28-O-23 Authorizing the City Manager to Execute a Sale Contract for City-Owned Real Property located at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School District No.202 was approved for introduction Staff recommended adoption of Ordinance 28-O-23 authorizing the City Manager to execute a sale contract for City-owned real property at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School (“ETHS”)in conformance with the terms of the Intergovernmental Agreement (“IGA”)between the City of Evanston and Evanston Township High School for the Geometry in Construction (GIC)class. For Introduction Approved on Consent Agenda for Introduction Page 9 of 18 M1.Page 37 of 642 Page 9 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A16.Ordinance 32-O-23,To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No.1529 was approved for introduction Staff recommended City Council adoption of Ordinance 32-O-23,To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529. Funding will be from the Special Assessment Fund (Account 420.40.6000.65515 – 423001),which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000,and from the 2023 General Obligation Bonds (Account 415.40.4123.65515 – 423001),which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000. For Introduction Approved on Consent Agenda for Introduction Page 10 of 18 M1.Page 38 of 642 Page 10 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A17.Ordinance 36-O-23,Amending City Code Section 3-4-6(D)to Increase the Number of Class D Liquor Licenses from Sixty-Nine to Seventy for Carter Investments,Inc.d/b/a Soul &Smoke,1601 Payne Street was approved for introduction and adopted The Liquor Control Review Board recommended City Council approval of Ordinance 36-O-23,amending City Code Section 3-4-6(D)to increase the number of Class D liquor licenses from sixty-nine to seventy.Councilmember Burns recommended suspending the City Council rules for introduction and action at the March 13,2023, City Council meeting. Councilmember Kelly moved to suspend the City Council rules for introduction and action Motion:Councilmember Kelly Second:Councilmember Nieuwsma Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Councilmember Nieuwsma moved for introduction and action Motion:Councilmember Nieuwsma Second:Councilmember Kelly Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid For Introduction and Action Item Adopted 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Page 11 of 18 M1.Page 39 of 642 Page 11 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A18.Ordinance 37-O-23,Amending City Code Section 3-4-6(F-3)to Increase the Number of Class F-3 Liquor Licenses from Zero to One for Bookends and Beginnings,LLC d/b/a Bookends and Beginnings,1620 Orrington Avenue was approved for introduction and adopted The Liquor Control Review Board recommended City Council approval of Ordinance 37-O-23,amending City Code Section 3-4-6(F-3)to increase the number of Class F-3 liquor licenses from zero to one.Councilmember Kelly recommends suspending the City Council rules for introduction and action at the March 13,2023,City Council meeting. Councilmember Kelly moved to suspend the City Council rules for introduction and action Motion:Councilmember Kelly Second:Councilmember Nieuwsma Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Councilmember Nieuwsma moved for introduction and action Motion:Councilmember Nieuwsma Second:Councilmember Kelly Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid For Introduction and Action Item Adopted 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Page 12 of 18 M1.Page 40 of 642 Page 12 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A19.A Change Order No.2 with SmithGroup,Inc.for the Evanston Shoreline Repairs (RFQ 21-45)was approved Staff recommended that City Council authorize the City Manager to execute Change Order No.2 with SmithGroup,Inc.(35 East Wacker,Suite 900,Chicago,IL 60601)for the Evanston Shoreline Repairs (RFQ 21-45).This change order will extend the contract time by 244 calendar days,modifying the completion deadline from March 31, 2023,to November 30,2023. For Action Approved on Consent Agenda (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P1.Ordinance 26-O-23,Granting a Special Use Permit to Allow for Outdoor Storage and Open Sales and Approving Major Variations Pursuant to City Code 6-3-8-4(D),on the Property Located at 2201 Oakton Street,in the I1 Industrial/Office District and the oRD Redevelopment Overlay District was approved for introduction The Land Use Commission recommended the adoption of Ordinance 26-O-23 granting a Special Use Permit to allow for outdoor storage and open sales and approving Major Variations pursuant to City Code 6-3-8-4(D),on the property located at 2201 Oakton Street,in the I1 Industrial/Office District and the oRD Redevelopment Overlay District.The applicant has complied with all zoning requirements and meets all of the Standards for Special Use for both districts. For Introduction Approved on Consent Agenda for Introduction Page 13 of 18 M1.Page 41 of 642 Page 13 MINUTES March 13,2023 (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P2.Ordinance 34-O-23,approving a Special Use and Major Variations for a religious institution at 1801-1805 Church Street was approved for introduction Land Use Commission recommended denial of the requested zoning relief.In late 2020 and early 2021,the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt.Pisgah Ministry,Inc.and Housing Opportunity Development Corporation (HODC)for the redevelopment of the vacant parcels to include a mixed-use building with affordable housing.See Legislative History for additional information. Motion:Councilmember Burns Second:Councilmember Geracaris Councilmember Kelly moved to hold the item Motion:Councilmember Kelly Second:None Motion failed for a lack of a second For Introduction Item Approved for Introduction 6 -2 Ayes:Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:Kelly,Suffredin Absent:Reid Page 14 of 18 M1.Page 42 of 642 Page 14 MINUTES March 13,2023 (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P3.Ordinance 35-O-23,approving Major Variations for the construction of a new 5-story mixed-use building at 1811-1815 Church Street was approved for introduction as amended Land Use Commission recommended approval of Ordinance 35-O-23 approving Major Variations from the Evanston Zoning Code to allow for the construction of a new 5-story mixed-use building with ground floor retail,44 dwelling units above,46 on-site vehicle parking and 26 bike parking spaces at 1811-1815 Church Street,HODC,in the B2 Business and oWE West Evanston Overlay Districts. In late 2020 and early 2021,the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt. Pisgah Ministry,Inc.and Housing Opportunity Development Corporation (HODC)for the redevelopment of the vacant parcels to include a mixed-use building with affordable housing.See Legislative History for additional information. Motion:Councilmember Burns Second:Councilmember Nieuwsma Councilmember moved to amend the item with the following language,HODC shall work with the Preservation Commission prior to demolition to review the construction management plan,photo documentation of existing conditions,and a report issued by a certified structural engineer that documents measures taken to ensure the proposed construction activities will not have a structural impact on the landmarked building at 1817 Church Street.HODC will also ensure that the development complies with Chapter 4-13,Floodplain Regulations,of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District,prior to the issuance of any building permits Motion:Councilmember Burns Second:Councilmember Revelle Motion Passed 6 -1 Ayes:Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:Kelly Absent:Suffredin,Reid For Introduction Item Approved for Introduction as amended 6 -2 Ayes:Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:Kelly,Suffredin Absent:Reid Page 15 of 18 M1.Page 43 of 642 Page 15 MINUTES March 13,2023 (X)CONSENT AGENDA -HUMAN SERVICES COMMITTEE HS1.Ordinance 19-O-23 Amending of Title 8,Chapter 5,“Weeds”of the City Code was adopted The Human Services Committee recommended the adoption of Ordinance 19-O-23 Amending Title 8,Chapter 5,“Weeds”of the City Code. For Action Adopted on Consent Agenda HS2.Ordinance 22-O-23,Amending the City Code of Evanston Title 9,Chapter 4, Section 5 “Certain Animals Prohibited”to Allow Roosters for Educational Purposes was adopted Councilmember Harris and the Human Services Committee recommended the adoption of Ordinance 22-O-23,Amending the City Code of Evanston Title 9,Chapter 4,Section 5 “Certain Animals Prohibited”to Allow Roosters for Educational Purposes. For Action Adopted on Consent Agenda HS3.Ordinance 23-O-23,Amending City Code 7-2-9(B),“Fourth of July Parade Parkway Regulations”to include all parades held within the City of Evanston was adopted Councilmember Reid and the Human Services Committee recommended the adoption of Ordinance 23-O-23,Amending City Code 7-2-9(B),“Fourth of July Parade Parkway Regulations,”to include all parades held within the City of Evanston. For Action Adopted on Consent Agenda HS4.Ordinance 25-O-23,Amending City Code 7-11-8,“Regulations of Dog Beach” was approved for introduction Staff and the Human Services Committee recommended the adoption of Ordinance 25-O-23,Amending City Code 7-11-8,"Regulations of Dog Beach." Dog Beach rules signage in the amount of $125 will be purchased through the General Fund –Beaches/Safety Equipment (100.30.3080.65090)which has a FY23 budget of $2,200 and a remaining balance of $2,200. For Introduction Approved on Consent Agenda for Introduction Page 16 of 18 M1.Page 44 of 642 Page 16 MINUTES March 13,2023 (XI)CONSENT AGENDA -SOCIAL SERVICES COMMITTEE SS1.An Additional FY 2023 Public Services Funding for External Partners to Provide Case Management,Safety Net,and Support Services to Evanston Residents was approved Staff recommended approval by the City Council of an additional allocation of funding from the Human Services Fund in the amount of $300,410 to bring the total funding allocated for FY2023 from $983,873 to $1,295,900.This total would be composed of $1,036,783 from the Human Services Fund and $259,117 from the City’s Community Development Block Grant fund. Human Services Fund 176.21.4651.XXXXX (each agency has a specific object code) For Action Approved on Consent Agenda (XII)CONSENT AGENDA -MWEBE COMMITTEE MWEBE 1.Ordinance 18-O-23,Amending the City Code,Amending the City Code Section 1-17-1 of “Concerning Minority and Women Owned Business Requirements” Adding Disadvantage Business Enterprise was adopted Councilmember Burns and the MWEBE Development Committee recommended the adoption of Ordinance 18-O-23,Amending the City Code Section 1-17-1,“concerning Minority and Women-owned business requirements adding Disadvantage Business Enterprise.” For Action Adopted on Consent Agenda Page 17 of 18 M1.Page 45 of 642 Page 17 MINUTES March 13,2023 (XIII)CALL OF THE WARDS Ward 1:No Report Ward 2:No Report Ward 3:No Report Ward 4:Office Hours April 15 at Dollop 1508 Sherman 4th Ward Meeting April 19 Robert Crown Ward 5:March 18 Mobile DMV and Senior Resource Fair at Fleetwood-Jourdain 10:00 am -2:00 pm Ward 6:No Report Ward 7:7th Ward Meeting March 15 7:00 pm at Parasol Room Civic Center Ward 8:Absent Ward 9:9th Ward Meeting March 29 7:00 pm -8:30 pm (virtually) (XIV)EXECUTIVE SESSION Councilmember Nieuwsma led City Council into Executive Session pursuant to 5 ILCS 120/2(a)to discuss agenda items regarding collective negotiation and litigation,The agenda items are permitted subjects to be considered in Executive Session and are enumerated exceptions under the Open Meetings Act,with the exceptions being 5 ILCS 120/2(a)(c)2,and (c)11. Motion:Councilmember Nieuwsma Second:Councilmember Wynne Convene into Executive Session 9:52 p.m. Motion Passed 7 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Suffredin,Revelle,Geracaris Nayes:None Absent:Burns,Reid (XIV)ADJOURNMENT Mayor Biss called a voice vote to adjourn the City Council meeting,and by unanimous vote,the meeting was adjourned at 11:04 p.m. Page 18 of 18 M1.Page 46 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Tera Davis, Accounts Payable Coordinator CC: Hitesh Desai, Chief Financial Officer/Treasurer Subject: Approval of the City of Evanston Payroll, and Bills List. Date: March 27, 2023 Recommended Action: Staff recommends City Council approval of the City of Evanston Payroll for the period of February 27, 2023, through March 12, 2023, in the amount of $2,934,522.40 a nd the Bills List for March 28, 2023, in the amount of $1,531,820.11. Council Action: For Action Summary: Payroll – February 27, 2023, through March 12, 2023, $ 2,934,522.40 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – March 28, 2023, FY23, $ 1,531,820.11 General Fund Amount – Bills list $ 445,609.40 General Fund Amount - Adv.Checks $ 1,763.68 447,373.08 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 4,466,342.51 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid a penalty, or to take advantage of early payment discounts. Attachments: 03.28.2023 FY23 BILLS LIST A1.Page 47 of 642 100 GENERAL FUND Vendor G/L Date Payment Date Invoice Amount 102461 - IL DEPT OF PUBLIC HEALTH 03/28/2023 03/28/2023 684.00 Invoice Transactions 1 $684.00 19241 - GENERAL CODE, LLC 03/28/2023 03/28/2023 9,000.00 Invoice Transactions 1 $9,000.00 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 21.81 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 285.99 Invoice Transactions 2 $307.80 Invoice Transactions 4 $9,991.80 Invoice Transactions 4 $9,991.80 13407 - FRAN JOY 03/28/2023 03/28/2023 150.00 16377 - JEVOID SIMMONS 03/28/2023 03/28/2023 150.00 11894 - DONOVAN MIXON 03/28/2023 03/28/2023 150.00 16932 - SHOREFRONT 03/28/2023 03/28/2023 300.00 Invoice Transactions 4 $750.00 17625 - ZENCITY TECHNOLOGIES US INC.03/28/2023 03/28/2023 9,000.00 Invoice Transactions 1 $9,000.00 16046 - CARTER INVESTMENTS, INC. DBA SOUL & SMOKE 03/28/2023 03/28/2023 1,584.29 Invoice Transactions 1 $1,584.29 Invoice Transactions 6 $11,334.29 12151 - MULTILINGUAL CONNECTIONS LLC 03/28/2023 03/28/2023 95.00 12151 - MULTILINGUAL CONNECTIONS LLC 03/28/2023 03/28/2023 298.49 12151 - MULTILINGUAL CONNECTIONS LLC 03/28/2023 03/28/2023 175.00 12151 - MULTILINGUAL CONNECTIONS LLC 03/28/2023 03/28/2023 175.00 Invoice Transactions 4 $743.49 Invoice Transactions 4 $743.49 19539 - POLITO, JEANNIE 03/28/2023 03/28/2023 45.00 Invoice Transactions 1 $45.00 14374 - ACCOUNTING PRINCIPALS 03/28/2023 03/28/2023 1,378.13 303856 - ROBERT HALF INTERNATIONAL 03/28/2023 03/28/2023 1,084.05 Invoice Transactions 2 $2,462.18 103547 - MSF GRAPHICS, INC.03/28/2023 03/28/2023 1,488.00 Invoice Transactions 1 $1,488.00 17306 - DAVIS BANCORP, INC.03/28/2023 03/28/2023 3,352.23 Invoice Transactions 1 $3,352.23 10643 - PASSPORT LABS, INC.03/28/2023 03/28/2023 1,080.29 Invoice Transactions 1 $1,080.29 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 4.28 Invoice Transactions 1 $4.28 Invoice Transactions 7 $8,431.98 104738 - SIKICH LLP 03/28/2023 03/28/2023 15,000.00 Invoice Transactions 1 $15,000.00 Invoice Transactions 1 $15,000.00 105394 - VERIZON WIRELESS 03/28/2023 03/28/2023 28,015.07 Invoice Transactions 1 $28,015.07 Invoice Transactions 1 $28,015.07 19538 - BEARDS & BELLAS 03/28/2023 03/28/2023 5,000.00 Invoice Transactions 1 $5,000.00 Invoice Transactions 1 $5,000.00 Invoice Transactions 20 $68,524.83 10460 - ANCEL,GLINK,DIAMOND,BUSH,DICIANNI & KRAFTHEFER, P.03/28/2023 03/28/2023 1,407.00 Invoice Transactions 1 $1,407.00 15421 - ROYAL REPORTING SERVICES, INC.03/28/2023 03/28/2023 514.60 19543 - SCHEFF & ASSOCIATES 03/28/2023 03/28/2023 227.50 Invoice Transactions 2 $742.10 102544 - IMLA - INTL MUNICIPAL LAWYERS ASSOC.03/28/2023 03/28/2023 865.00 Invoice Transactions 1 $865.00 122375 - LAW BULLETIN PUBLISHING COMPANY 03/28/2023 03/28/2023 155.00 106332 - WEST PUBLISHING DBA THOMSON REUTERS - WEST 03/28/2023 03/28/2023 2,381.97 Invoice Transactions 2 $2,536.97 Invoice Transactions 6 $5,551.07 Invoice Transactions 6 $5,551.07 18754 - GMP INVESTIGATIONS INC. DBA GMP SUPPORT & SERVICES 03/28/2023 03/28/2023 1,500.00 13247 - STANARD & ASSOCIATES 03/28/2023 03/28/2023 2,700.00 105201 - TRANS UNION CORP 03/28/2023 03/28/2023 90.00 Invoice Transactions 3 $4,290.00 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 60.45 Invoice Transactions 1 $60.45 Invoice Transactions 4 $4,350.45 19297 - ELM ASSOCIATES, INC.03/28/2023 03/28/2023 1,662.50 Invoice Transactions 1 $1,662.50 18838 - NANO TECH COMPUTER SERVICES LLC 03/28/2023 03/28/2023 1,010.56 18838 - NANO TECH COMPUTER SERVICES LLC 03/28/2023 03/28/2023 1,056.00 Invoice Transactions 2 $2,066.56 Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Account 62185 - CONSULTING SERVICES IT CONSULTING SERVICES IT CONSULTING SERVICES Account 62185 - CONSULTING SERVICES Totals Business Unit 1932 - INFORMATION TECHNOLOGY DIVI. Account 61060 - SEASONAL EMPLOYEES IT CONSULTING SERVICES Account 61060 - SEASONAL EMPLOYEES Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES-ODP SOLUTIONS Account 65095 - OFFICE SUPPLIES Totals Business Unit 1929 - HUMAN RESOURCE DIVISION Totals EMPLOYMENT BACKGROUND CHECKS-GMP INVESTIGATIONS INC. EMPLOYMENT TESTING - STANARD EMPLOYMENT TESTING TRANSUNION Account 62160 - EMPLOYMENT TESTING SERVICES Totals Department 17 - LAW Totals Department 19 - ADMINISTRATIVE SERVICES Business Unit 1929 - HUMAN RESOURCE DIVISION Account 62160 - EMPLOYMENT TESTING SERVICES LEGAL RESEARCH PACKAGE ONLINE/SOFTWARE SUBSCRIPTION Account 65010 - BOOKS, PUBLICATIONS, MAPS Totals Business Unit 1705 - LEGAL ADMINISTRATION Totals Account 62360 - MEMBERSHIP DUES IMLA MEMBERSHIP 5.1.23-4.30.24 Account 62360 - MEMBERSHIP DUES Totals Account 65010 - BOOKS, PUBLICATIONS, MAPS Account 62345 - COURT COST/LITIGATION TRANSCRIPTION SERVICES - WEBER TRANSCRIPTION SERVICES - BCH1555 LLC Account 62345 - COURT COST/LITIGATION Totals Business Unit 1705 - LEGAL ADMINISTRATION Account 62130 - LEGAL SERVICES-GENERAL LEGAL SERVICES EMINENT DOMAIN Account 62130 - LEGAL SERVICES-GENERAL Totals Business Unit 5300 - ECON. DEVELOPMENT Totals Department 15 - CITY MANAGER'S OFFICE Totals Department 17 - LAW Business Unit 5300 - ECON. DEVELOPMENT Account 62664 - ENTREPRENEURSHIP SUPPORT ENTREPRENEURSHIP SUPPORT PROGRAM GRANT Account 62664 - ENTREPRENEURSHIP SUPPORT Totals Account 64540 - TELECOMMUNICATIONS - WIRELESS COMMUNICATION CHARGES FEB 2023 Account 64540 - TELECOMMUNICATIONS - WIRELESS Totals Business Unit 1575 - PURCHASING Totals Account 62110 - AUDITING Totals Business Unit 1570 - ACCOUNTING Totals Business Unit 1575 - PURCHASING Business Unit 1560 - REVENUE & COLLECTIONS Totals Business Unit 1570 - ACCOUNTING Account 62110 - AUDITING PROFESSIONAL SERVICES - AUDIT Account 65045 - LICENSING/REGULATORY SUPP Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES Account 65095 - OFFICE SUPPLIES Totals ARMORED CAR SERVICES - PARKING AND COLLECTORS OFFICE FEB 2023 Account 62431 - ARMORED CAR SERVICES Totals Account 65045 - LICENSING/REGULATORY SUPP ANNUAL ACTIVE PERMIT FEE FEBRUARY 2023 Account 62210 - PRINTING VISITOR PARKING PASS ORDER Account 62210 - PRINTING Totals Account 62431 - ARMORED CAR SERVICES Account 61060 - SEASONAL EMPLOYEES TEMPORARY ADMINISTRATIVE ASSISTANT TEMPORARY ADMINISTRATIVE ASSISTANT Account 61060 - SEASONAL EMPLOYEES Totals Business Unit 1560 - REVENUE & COLLECTIONS Account 52010 - WHEEL TAX WT REFUND - SENIOR DISCOUNT Account 52010 - WHEEL TAX Totals MARCH 9 CITY ENEWS TRANSLATION Account 62490 - OTHER PROGRAM COSTS Totals Business Unit 1510 - PUBLIC INFORMATION Totals Business Unit 1510 - PUBLIC INFORMATION Account 62490 - OTHER PROGRAM COSTS CITY SERVICES GUIDE TRANSLATION LEAF BLOWER PLEDGE AND ADMIN ADJUDICATION FORMS MARCH 2 CITY ENEWS TRANSLATION Account 65025 - FOOD FOOD FOR BLACK HISTORY MONTH EVENT Account 65025 - FOOD Totals Business Unit 1505 - CITY MANAGER Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS PUBLIC ENGAGEMENT PLATFORM Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals EMPLOYEE ENGAGEMENT - BLACK ART TOUR EMPLOYEE ENGAGEMENT- BLACK HISTORY ART PRESENTATION EMPLOYEE ENGAGEMENT- BLACK HISTORY MUSICIAN EMPLOYEE ENGAGEMENT- BLACK HISTORY PRESENTATION Account 62490 - OTHER PROGRAM COSTS Totals Department 14 - CITY CLERK Totals Department 15 - CITY MANAGER'S OFFICE Business Unit 1505 - CITY MANAGER Account 62490 - OTHER PROGRAM COSTS SEAL, NOTARY AND DEPARTMENTAL ARCHIVAL STORAGE MATERIALS Account 65095 - OFFICE SUPPLIES Totals Business Unit 1400 - CITY CLERK Totals Account 62457 - CODIFICATION SERVICES DATABASE SOFTWARE Account 62457 - CODIFICATION SERVICES Totals Account 65095 - OFFICE SUPPLIES Business Unit 1400 - CITY CLERK Account 53220 - DEATH CERTIFICATE MEDICAL DOCUMENTATION FORMS Account 53220 - DEATH CERTIFICATE Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 100 - GENERAL FUND Department 14 - CITY CLERK Run by Tera Davis on 03/21/2023 01:45:51 PM Page 2 of 24 A1.Page 48 of 642 100 GENERAL FUND Vendor G/L Date Payment Date Invoice Amount Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description 100924 - CDW GOVERNMENT INC.03/28/2023 03/28/2023 2,363.00 Invoice Transactions 1 $2,363.00 272392 - MCCi, LLC 03/28/2023 03/28/2023 450.00 18263 - SOLID BORDER, INC 03/28/2023 03/28/2023 16,650.00 Invoice Transactions 2 $17,100.00 149274 - CHICAGO OFFICE TECHNOLOGY GROUP 03/28/2023 03/28/2023 1,389.60 149274 - CHICAGO OFFICE TECHNOLOGY GROUP 03/28/2023 03/28/2023 3,055.91 Invoice Transactions 2 $4,445.51 101401 - DELL COMPUTER CORP.03/28/2023 03/28/2023 20,402.40 Invoice Transactions 1 $20,402.40 Invoice Transactions 9 $48,039.97 15491 - BARNACLE PARKING ENFORCEMENT 03/28/2023 03/28/2023 1,815.00 103795 - NORTH SHORE TOWING 03/28/2023 03/28/2023 75.00 103795 - NORTH SHORE TOWING 03/28/2023 03/28/2023 75.00 103795 - NORTH SHORE TOWING 03/28/2023 03/28/2023 75.00 103795 - NORTH SHORE TOWING 03/28/2023 03/28/2023 150.00 Invoice Transactions 5 $2,190.00 10643 - PASSPORT LABS, INC.03/28/2023 03/28/2023 33,825.00 Invoice Transactions 1 $33,825.00 130931 - GALLS INCORPORATED 03/28/2023 03/28/2023 155.31 Invoice Transactions 1 $155.31 10643 - PASSPORT LABS, INC.03/28/2023 03/28/2023 3,817.43 Invoice Transactions 1 $3,817.43 Invoice Transactions 8 $39,987.74 100162 - ALARM DETECTION SYSTEMS, INC.03/28/2023 03/28/2023 237.33 100310 - ANDERSON PEST SOLUTIONS 03/28/2023 03/28/2023 459.00 100310 - ANDERSON PEST SOLUTIONS 03/28/2023 03/28/2023 74.58 104672 - SERVICE SANITATION INC 03/28/2023 03/28/2023 407.44 12792 - UNIFIRST CORPORATION 03/28/2023 03/28/2023 121.12 12792 - UNIFIRST CORPORATION 03/28/2023 03/28/2023 121.12 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 385.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 1,112.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 818.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 2,607.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 6,274.13 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 1,332.50 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 3,624.04 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 975.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 363.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 380.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 80.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 800.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 1,801.25 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 880.15 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 260.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 663.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 565.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 415.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 1,311.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 2,507.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 415.00 292329 - UNITED STATES ALLIANCE FIRE PROTECTION 03/28/2023 03/28/2023 66.00 Invoice Transactions 28 $29,054.66 104107 - PITNEY BOWES 03/28/2023 03/28/2023 8,150.98 104107 - PITNEY BOWES 03/28/2023 03/28/2023 277.98 317013 - H-O-H WATER TECHNOLOGY 03/28/2023 03/28/2023 1,750.00 101788 - SCHNEIDER ELECTRIC BUILDINGS AMERICA 03/28/2023 03/28/2023 3,348.00 Invoice Transactions 4 $13,526.96 101143 - COMED 03/28/2023 03/28/2023 87.85 Invoice Transactions 1 $87.85 103744 - NICOR 03/28/2023 03/28/2023 547.33 103744 - NICOR 03/28/2023 03/28/2023 360.54 103744 - NICOR 03/28/2023 03/28/2023 278.70 103744 - NICOR 03/28/2023 03/28/2023 861.73 103744 - NICOR 03/28/2023 03/28/2023 405.15 103744 - NICOR 03/28/2023 03/28/2023 1,097.00 103744 - NICOR 03/28/2023 03/28/2023 1,097.70 103744 - NICOR 03/28/2023 03/28/2023 430.73 103744 - NICOR 03/28/2023 03/28/2023 480.93 103744 - NICOR 03/28/2023 03/28/2023 361.11 Invoice Transactions 10 $5,920.92 103195 - MARK VEND COMPANY 03/28/2023 03/28/2023 630.56 103195 - MARK VEND COMPANY 03/28/2023 03/28/2023 55.92 103195 - MARK VEND COMPANY 03/28/2023 03/28/2023 159.36 Invoice Transactions 3 $845.84 106599 - CHEMSEARCH 03/28/2023 03/28/2023 135.00 106599 - CHEMSEARCH 03/28/2023 03/28/2023 147.50 102277 - HASTINGS AIR-ENERGY CONTROL 03/28/2023 03/28/2023 5,448.51 120286 - JOHNSON CONTROLS FIRE PROTECTION LP 03/28/2023 03/28/2023 1,146.30 103195 - MARK VEND COMPANY 03/28/2023 03/28/2023 44.00 105703 - ZONATHERM PRODUCTS, INC.03/28/2023 03/28/2023 25.00 Invoice Transactions 6 $6,946.31 120230 - FORWARD SPACE LLC D/B/A OFFICE 03/28/2023 03/28/2023 948.99 Invoice Transactions 1 $948.99 Invoice Transactions 53 $57,331.53 Invoice Transactions 74 $149,709.69 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 117.25 Invoice Transactions 1 $117.25 Invoice Transactions 1 $117.25 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 39.00 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 39.00 Invoice Transactions 2 $78.00 CD BUSINESS CARDS Account 62210 - PRINTING Totals Business Unit 2101 - COMMUNITY DEVELOPMENT ADMIN Totals Business Unit 2115 - PROPERTY STANDARDS Account 62210 - PRINTING BUSINESS CARDS FOR KIM SNIDER Department 21 - COMMUNITY DEVELOPMENT Business Unit 2101 - COMMUNITY DEVELOPMENT ADMIN Account 65095 - OFFICE SUPPLIES CD OFFICE SUPPLIES Account 65095 - OFFICE SUPPLIES Totals Account 65625 - FURNITURE & FIXTURES Totals Business Unit 1950 - FACILITIES Totals Department 19 - ADMINISTRATIVE SERVICES Totals PARTS FOR SERVER ROOM Account 65050 - BLDG MAINTENANCE MATERIAL Totals Account 65625 - FURNITURE & FIXTURES PURCHASE OF OFFICE FURNITURE FREE FLOW 25 AGREEMENT LEVY FREE FLOW 25 2020 ASBURY MAGNETIC NOZZLE CONNECTION SERVICE CALL TO CHANGE PRINT RIBBON STOCK SUPPLIES STOCK FOOD SUPPLIES STOCK FOOD SUPPLIES Account 65025 - FOOD Totals Account 65050 - BLDG MAINTENANCE MATERIAL UTILITIES-NICOR FEB23 Account 64015 - NATURAL GAS Totals Account 65025 - FOOD STOCK FOOD SUPPLIES UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 Account 64015 - NATURAL GAS UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 Account 64005 - ELECTRICITY UTILITIES COMED 727 HOWARD FEB 23 Account 64005 - ELECTRICITY Totals SHIPPING AND POSTAGE FEB 2023 POSTAGE METER SERVICE AND SUPPLIES CHEMICAL WATER TREATMENT FOR HVAC SYSTEMS BUILDING AUTOMATION SYSTEMS - HVAC VARIOUS CITY FACILITIES Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals ANNUAL INSPECTION ANNUAL INSPECTION Account 62225 - BLDG MAINTENANCE SERVICES Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS ANNUAL INSPECTION ANNUAL INSPECTION ANNUAL INSPECTION ANNUAL FIRE ALARM INSPECTION ANNUAL INSPECTION EXTINGUISHER INSPECTION EMERGENCY LIGHTING INSPECTION INVESTIGATE MULTIPLE TROUBLES ON FACP ANNUAL FIRE EXTINGUISHER SERVICE EMERGENCY LIGHTING INSPECTION ELEVATOR INSPECTION CHRUCH STREET GARAGE ANNUAL INSPECITONS AT NOYES INVESTIGATE MULTIPLE TROUBLES AT FIRE ALARM PANEL AT CROWN EXTINGUISHER INSPECTION ANNUAL INSPECTION SERVICE CALL ROBERT CROWN ANNUAL FIRE ALARM INSPECTION ANNUAL INSPECTION AT ROBERT CROWN ANNUAL INSPECTION ROBERT CROWN SPRINKLER HEAD REPAIR PEST CONTROL AT CIVIC CENTER PEST CONTROL AT BENT PARK PORT O POTTY RENTALS MAT CLEANING SERVICE - SERVICE CENTER SOURCEWELL #040920-UFC MAT CLEANING SERVICE - SERVICE CENTER SOURCEWELL #040920-UFC Business Unit 1941 - PARKING ENFORCEMENT & TICKETS Totals Business Unit 1950 - FACILITIES Account 62225 - BLDG MAINTENANCE SERVICES QUARTERLY CHARGES APR-JUNE 2023 2603 SHERIDAN Account 65020 - CLOTHING Totals Account 65045 - LICENSING/REGULATORY SUPP CITATION PAPER ROLLS Account 65045 - LICENSING/REGULATORY SUPP Totals CITATION MANAGEMENT FEBRUARY 2023 Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 65020 - CLOTHING PEO CLOTHING BOOT 3/2 SNOW RETAINER Account 62451 - TOWING AND BOOTING CONTRACTS Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Business Unit 1941 - PARKING ENFORCEMENT & TICKETS Account 62451 - TOWING AND BOOTING CONTRACTS BARNACLE RELEASE FEES FEBRUARY 2023 BOOT 3/6 BOOT 3/2 SOLE SOURCE PURCHASE OF DELL OPTIPLEX PCS Q1 2023 Account 65555 - IT COMPUTER HARDWARE Totals Business Unit 1932 - INFORMATION TECHNOLOGY DIVI. Totals SUPPLIES/SERVICE FOR COPIERS & PRINTERS SUPPLIES/SERVICE FOR COPIERS & PRINTERS Account 62380 - COPY MACHINE CHARGES Totals Account 65555 - IT COMPUTER HARDWARE SERVICE PACKAGE IT RENEWAL OF RED SIFT ONDMARC SERVICE Account 62340 - IT COMPUTER SOFTWARE Totals Account 62380 - COPY MACHINE CHARGES Account 62295 - TRAINING & TRAVEL CERTIFICATION - RAPID7 Account 62295 - TRAINING & TRAVEL Totals Account 62340 - IT COMPUTER SOFTWARE Run by Tera Davis on 03/21/2023 01:45:51 PM Page 3 of 24 A1.Page 49 of 642 100 GENERAL FUND Vendor G/L Date Payment Date Invoice Amount Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description 101832 - FEDERAL EXPRESS CORP.03/28/2023 03/28/2023 29.94 Invoice Transactions 1 $29.94 Invoice Transactions 3 $107.94 19524 - DEROCHE, STEVE 03/28/2023 03/28/2023 30.00 Invoice Transactions 1 $30.00 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 39.00 Invoice Transactions 1 $39.00 101631 - ELEVATOR INSPECTION SERVICE 03/28/2023 03/28/2023 100.00 101631 - ELEVATOR INSPECTION SERVICE 03/28/2023 03/28/2023 50.00 Invoice Transactions 2 $150.00 316000 - SAFEBUILT LLC, LOCKBOX # 88135 03/28/2023 03/28/2023 1,645.79 316000 - SAFEBUILT LLC, LOCKBOX # 88135 03/28/2023 03/28/2023 2,718.01 316000 - SAFEBUILT LLC, LOCKBOX # 88135 03/28/2023 03/28/2023 5,907.77 316000 - SAFEBUILT LLC, LOCKBOX # 88135 03/28/2023 03/28/2023 8,110.61 Invoice Transactions 4 $18,382.18 Invoice Transactions 8 $18,601.18 Invoice Transactions 12 $18,826.37 294626 - ARTISTIC ENGRAVING 03/28/2023 03/28/2023 38.00 103460 - MINUTEMAN PRESS 03/28/2023 03/28/2023 130.38 Invoice Transactions 2 $168.38 18172 - DR. ROBIN KROLL, INC.03/28/2023 03/28/2023 1,050.00 19542 - TO THE CORE MEDIA LLC 03/28/2023 03/28/2023 4,977.80 106332 - WEST PUBLISHING DBA THOMSON REUTERS - WEST 03/28/2023 03/28/2023 646.85 Invoice Transactions 3 $6,674.65 103810 - NORTHERN ILLINOIS POLICE ALARM SYSTEM 03/28/2023 03/28/2023 1,515.00 103810 - NORTHERN ILLINOIS POLICE ALARM SYSTEM 03/28/2023 03/28/2023 5,300.00 103810 - NORTHERN ILLINOIS POLICE ALARM SYSTEM 03/28/2023 03/28/2023 400.00 Invoice Transactions 3 $7,215.00 101729 - EVANSTON FUNERAL & CREMATION 03/28/2023 03/28/2023 1,350.00 103617 - NATIONAL AWARDS & FINE GIFTS 03/28/2023 03/28/2023 199.00 Invoice Transactions 2 $1,549.00 17625 - ZENCITY TECHNOLOGIES US INC.03/28/2023 03/28/2023 9,000.00 148565 - BEST TECHNOLOGY SYSTEMS, INC.03/28/2023 03/28/2023 1,112.50 217861 - PORTER LEE CORPORATION 03/28/2023 03/28/2023 3,355.00 Invoice Transactions 3 $13,467.50 101143 - COMED 03/28/2023 03/28/2023 9.34 101143 - COMED 03/28/2023 03/28/2023 5.80 101143 - COMED 03/28/2023 03/28/2023 14.98 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 79.00 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 92.19 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 26.56 Invoice Transactions 6 $227.87 Invoice Transactions 19 $29,302.40 102667 - J. G. UNIFORMS, INC 03/28/2023 03/28/2023 348.50 102667 - J. G. UNIFORMS, INC 03/28/2023 03/28/2023 159.00 102667 - J. G. UNIFORMS, INC 03/28/2023 03/28/2023 92.00 102667 - J. G. UNIFORMS, INC 03/28/2023 03/28/2023 30.00 102667 - J. G. UNIFORMS, INC 03/28/2023 03/28/2023 190.00 102667 - J. G. UNIFORMS, INC 03/28/2023 03/28/2023 265.95 16782 - VELOCITY SYSTEMS 03/28/2023 03/28/2023 821.78 16782 - VELOCITY SYSTEMS 03/28/2023 03/28/2023 817.78 Invoice Transactions 8 $2,725.01 Invoice Transactions 8 $2,725.01 167307 - NET TRANSCRIPTS, INC.03/28/2023 03/28/2023 28.47 Invoice Transactions 1 $28.47 Invoice Transactions 1 $28.47 128871 - ERVIN DE LEON 03/28/2023 03/28/2023 75.00 103774 - NORTH EAST MULTI-REGIONAL TRAINING INC 03/28/2023 03/28/2023 350.00 Invoice Transactions 2 $425.00 100401 - COMCAST CABLE 03/28/2023 03/28/2023 105.20 Invoice Transactions 1 $105.20 102520 - ILLINOIS PAPER DBA IMPACT NETWORKING LLC 03/28/2023 03/28/2023 542.00 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 163.53 Invoice Transactions 2 $705.53 19545 - JORGENSON INDUSTRIAL COMPANIES 03/28/2023 03/28/2023 4,354.60 206940 - ULINE 03/28/2023 03/28/2023 1,243.73 206940 - ULINE 03/28/2023 03/28/2023 185.44 Invoice Transactions 3 $5,783.77 Invoice Transactions 8 $7,019.50 103795 - NORTH SHORE TOWING 03/28/2023 03/28/2023 85.00 103795 - NORTH SHORE TOWING 03/28/2023 03/28/2023 75.00 Invoice Transactions 2 $160.00 Invoice Transactions 2 $160.00 100310 - ANDERSON PEST SOLUTIONS 03/28/2023 03/28/2023 62.87 Invoice Transactions 1 $62.87 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 223.68 Invoice Transactions 1 $223.68 103744 - NICOR 03/28/2023 03/28/2023 594.95 Invoice Transactions 1 $594.95 Invoice Transactions 3 $881.50 17454 - CHICAGO WATER AND FIRE 03/28/2023 03/28/2023 150.00 101134 - COLLEY ELEVATOR CO.03/28/2023 03/28/2023 215.00 Invoice Transactions 2 $365.00 Business Unit 2295 - BUILDING MANAGEMENT Account 62225 - BLDG MAINTENANCE SERVICES LOCKUP CLEANING SERVICE ELEVATOR INSPECTION Account 62225 - BLDG MAINTENANCE SERVICES Totals GAS - ANIMAL SHELTER (FEB 23) Account 64015 - NATURAL GAS Totals Business Unit 2280 - ANIMAL CONTROL Totals Account 64005 - ELECTRICITY UTILITY - ANIMAL SHELTER (2/3 - 3/1) Account 64005 - ELECTRICITY Totals Account 64015 - NATURAL GAS Business Unit 2280 - ANIMAL CONTROL Account 62225 - BLDG MAINTENANCE SERVICES PEST CONTROL - ANIMAL SHELTER Account 62225 - BLDG MAINTENANCE SERVICES Totals TOW & HOOK Account 62451 - TOWING AND BOOTING CONTRACTS Totals Business Unit 2270 - TRAFFIC BUREAU Totals Business Unit 2260 - OFFICE OF ADMINISTRATION Totals Business Unit 2270 - TRAFFIC BUREAU Account 62451 - TOWING AND BOOTING CONTRACTS TOW & HOOK LOCKERS OFFICE CHAIRS MAIL SORTER Account 65625 - FURNITURE & FIXTURES Totals PAPER SUPPLIES OFFICE SUPPLIES - POLICE ADMIN Account 65095 - OFFICE SUPPLIES Totals Account 65625 - FURNITURE & FIXTURES Account 64565 - CABLE - VIDEO CABLE SERVICE (3/8 - 4/7) Account 64565 - CABLE - VIDEO Totals Account 65095 - OFFICE SUPPLIES Business Unit 2260 - OFFICE OF ADMINISTRATION Account 62295 - TRAINING & TRAVEL MEAL ALLOWANCE - 40 HR FIELD TRAINING OFFICER TRAINING - BUILDING ENTRY AND CONTROL TACTICS Account 62295 - TRAINING & TRAVEL Totals Account 62770 - MISCELLANEOUS TRANSCRIPTS Account 62770 - MISCELLANEOUS Totals Business Unit 2255 - OFFICE-PROFESSIONAL STANDARDS Totals Account 65020 - 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MEMBERSHIP DUES Totals Account 62272 - OTHER PROFESSIONAL SERVICES PROFESSIONAL SERVICES RECRUITING VIDEO PRODUCTION INFORMATION CHARGES - FEB 2023 Account 62272 - OTHER PROFESSIONAL SERVICES Totals Business Unit 2205 - POLICE ADMINISTRATION Account 62210 - PRINTING PRINTING SERVICES PRINTING SERVICES Account 62210 - PRINTING Totals Business Unit 2126 - BUILDING INSPECTION SERVICES Totals Department 21 - COMMUNITY DEVELOPMENT Totals Department 22 - POLICE INSPECTION/EXAMINATION SERVICE - INSPECTION AND PLAN REVIEW INSPECTION/EXAMINATION SERVICE - INSPECTION AND PLAN REVIEW INSPECTION/EXAMINATION SERVICE - INSPECTION AND PLAN REVIEW Account 62464 - PLUMB, ELEC, PLAN REVEIW SERV Totals ELEVATOR INSPECTION Account 62425 - ELEVATOR CONTRACT COSTS Totals Account 62464 - PLUMB, ELEC, PLAN REVEIW SERV INSPECTION/EXAMINATION SERVICE - INSPECTION AND PLAN REVIEW CD BUSINESS CARDS Account 62210 - PRINTING Totals Account 62425 - ELEVATOR CONTRACT COSTS ELEVATOR INSPECTIONS Account 52080 - BUILDING PERMITS BUILDING PERMIT REFUND Account 52080 - BUILDING PERMITS Totals Account 62210 - PRINTING Account 62315 - POSTAGE Totals Business Unit 2115 - PROPERTY STANDARDS Totals Business Unit 2126 - BUILDING INSPECTION SERVICES Account 62315 - POSTAGE OVERNIGHT SHIPMENT Run by Tera Davis on 03/21/2023 01:45:51 PM Page 4 of 24 A1.Page 50 of 642 100 GENERAL FUND Vendor G/L Date Payment Date Invoice Amount Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description 101062 - CINTAS 03/28/2023 03/28/2023 70.70 101062 - CINTAS 03/28/2023 03/28/2023 70.70 Invoice Transactions 2 $141.40 Invoice Transactions 4 $506.40 Invoice Transactions 45 $40,623.28 102480 - ILLINOIS FIRE CHIEFS ASSOCIATION 03/28/2023 03/28/2023 600.00 Invoice Transactions 1 $600.00 16991 - AHA ECC DISTRIBUTION 03/28/2023 03/28/2023 2.50 Invoice Transactions 1 $2.50 19531 - MEYER, KENDRA 03/28/2023 03/28/2023 151.85 Invoice Transactions 1 $151.85 102520 - ILLINOIS PAPER DBA IMPACT NETWORKING LLC 03/28/2023 03/28/2023 570.00 103883 - 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TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 131.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 71.85 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 8.00 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 475.60 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 51.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 24.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 74.75 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 25.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 14.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 59.80 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 255.80 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 51.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 91.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 29.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 37.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 33.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 71.80 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 16.95 11435 - 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TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 25.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 99.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 18.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 150.00 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 150.00 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 29.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 31.00 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 14.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 35.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 29.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 25.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 65.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 139.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 1,485.00 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 157.00 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 139.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 10.00 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 123.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 39.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 33.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 50.85 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 540.65 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 287.75 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 97.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 25.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 55.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 69.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 61.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 49.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 78.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 138.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 51.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 47.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 29.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 23.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 25.95 FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS Account 62509 - 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BUILDING MANAGEMENT Totals Department 22 - POLICE Totals Department 23 - FIRE MGMT & SUPPORT Account 65125 - OTHER COMMODITIES FLOOR MATS FLOOR MATS Account 65125 - OTHER COMMODITIES Totals Run by Tera Davis on 03/21/2023 01:45:51 PM Page 5 of 24 A1.Page 51 of 642 100 GENERAL FUND Vendor G/L Date Payment Date Invoice Amount Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 25.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 45.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 71.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 50.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 59.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 59.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 51.95 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 57.90 11435 - TODAY'S UNIFORMS INC. 03/28/2023 03/28/2023 59.95 Invoice Transactions 84 $7,906.64 10546 - SUPERIOR INDUSTRIAL SUPPLY 03/28/2023 03/28/2023 261.00 Invoice Transactions 1 $261.00 137906 - STRYKER SALES CORPORATION 03/28/2023 03/28/2023 445.00 Invoice Transactions 1 $445.00 100158 - AIR ONE EQUIPMENT 03/28/2023 03/28/2023 885.00 100158 - AIR ONE EQUIPMENT 03/28/2023 03/28/2023 210.00 101350 - W S DARLEY & CO 03/28/2023 03/28/2023 960.00 Invoice Transactions 3 $2,055.00 100158 - AIR ONE EQUIPMENT 03/28/2023 03/28/2023 349.00 315588 - DJS SCUBA LOCKER, INC.03/28/2023 03/28/2023 480.00 15028 - E & B FIRE AND SAFETY INC. DBA DINGES FIRE COMPANY 03/28/2023 03/28/2023 1,771.38 103561 - MUNICIPAL EMERGENCY SERVICES 03/28/2023 03/28/2023 189.61 Invoice Transactions 4 $2,789.99 101350 - W S DARLEY & CO 03/28/2023 03/28/2023 28.28 Invoice Transactions 1 $28.28 Invoice Transactions 97 $32,373.23 Invoice Transactions 109 $34,265.83 14579 - MATCHUP, LLC DBA MOVESPRING 03/28/2023 03/28/2023 2,800.00 239196 - UNDERGROUND PRINTING 03/28/2023 03/28/2023 2,628.00 Invoice Transactions 2 $5,428.00 12458 - FINEST COURIER LOGISTICS 03/28/2023 03/28/2023 45.00 Invoice Transactions 1 $45.00 Invoice Transactions 3 $5,473.00 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 225.00 Invoice Transactions 1 $225.00 Invoice Transactions 1 $225.00 Invoice Transactions 4 $5,698.00 102755 - JORSON & CARLSON 03/28/2023 03/28/2023 145.05 Invoice Transactions 1 $145.05 14991 - D.I.M.E.03/28/2023 03/28/2023 350.00 Invoice Transactions 1 $350.00 100310 - ANDERSON PEST SOLUTIONS 03/28/2023 03/28/2023 81.37 Invoice Transactions 1 $81.37 100162 - ALARM DETECTION SYSTEMS, INC.03/28/2023 03/28/2023 155.22 100162 - ALARM DETECTION SYSTEMS, INC.03/28/2023 03/28/2023 155.22 Invoice Transactions 2 $310.44 149940 - ETHS CAMPUS CATERING 03/28/2023 03/28/2023 2,718.00 Invoice Transactions 1 $2,718.00 10546 - SUPERIOR INDUSTRIAL SUPPLY 03/28/2023 03/28/2023 894.00 10546 - SUPERIOR INDUSTRIAL SUPPLY 03/28/2023 03/28/2023 280.84 12792 - UNIFIRST CORPORATION 03/28/2023 03/28/2023 72.42 12792 - UNIFIRST CORPORATION 03/28/2023 03/28/2023 73.17 12792 - UNIFIRST CORPORATION 03/28/2023 03/28/2023 72.42 12792 - UNIFIRST CORPORATION 03/28/2023 03/28/2023 72.42 Invoice Transactions 6 $1,465.27 Invoice Transactions 12 $5,070.13 100310 - ANDERSON PEST SOLUTIONS 03/28/2023 03/28/2023 39.64 Invoice Transactions 1 $39.64 17685 - SNAPOLOGY OF CHICAGO 03/28/2023 03/28/2023 4,468.80 Invoice Transactions 1 $4,468.80 103744 - NICOR 03/28/2023 03/28/2023 413.51 Invoice Transactions 1 $413.51 10546 - SUPERIOR INDUSTRIAL SUPPLY 03/28/2023 03/28/2023 21.40 Invoice Transactions 1 $21.40 Invoice Transactions 4 $4,943.35 100310 - ANDERSON PEST SOLUTIONS 03/28/2023 03/28/2023 82.80 Invoice Transactions 1 $82.80 103744 - NICOR 03/28/2023 03/28/2023 434.04 Invoice Transactions 1 $434.04 102520 - ILLINOIS PAPER DBA IMPACT NETWORKING LLC 03/28/2023 03/28/2023 241.00 Invoice Transactions 1 $241.00 Invoice Transactions 3 $757.84 17919 - BARBARA MEYER 03/28/2023 03/28/2023 3,366.40 17694 - BETSY MURPHY 03/28/2023 03/28/2023 2,649.24 19529 - BRAMAN, WILLIAM CHARLES 03/28/2023 03/28/2023 1,009.82 101189 - CONNELLY'S ACADEMY 03/28/2023 03/28/2023 18,421.44 17688 - EVELYN THOMPSON 03/28/2023 03/28/2023 1,224.00 17699 - FRANCESCA SEGAL 03/28/2023 03/28/2023 1,023.60 15553 - JUDITH GRUBNER 03/28/2023 03/28/2023 1,715.70 10731 - SARAH KAISER-AMARAL 03/28/2023 03/28/2023 806.00 10731 - SARAH KAISER-AMARAL 03/28/2023 03/28/2023 400.00 18949 - LIFEWAVE INSTITUTE, LLC 03/28/2023 03/28/2023 1,147.20 18790 - LORRAINE M WILLIAMS 03/28/2023 03/28/2023 706.80 17793 - MARGARET EMILY GUTHRIE 03/28/2023 03/28/2023 1,239.36 17692 - MARLA LAMPERT 03/28/2023 03/28/2023 6,969.60 ART INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT MUSIC INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT MARTIAL ARTS INSTRUCTION FITNESS INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT DANCE INSTRUCTOR CONTRACT ART INSTRUCTOR CONTRACT Business Unit 3055 - LEVY CENTER SENIOR SERVICES Account 62505 - INSTRUCTOR SERVICES FITNESS INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT OFFICE SUPPLIES FJCC Account 65095 - OFFICE SUPPLIES Totals Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Totals Account 64015 - NATURAL GAS UTILITIES-NICOR FEB23 Account 64015 - NATURAL GAS Totals Account 65095 - OFFICE SUPPLIES Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Account 62495 - LICENSED PEST CONTROL SERVICES PEST CONTROL FOR MARCH 2023 Account 62495 - LICENSED PEST CONTROL SERVICES Totals Account 65040 - JANITORIAL SUPPLIES CUSTODIAL SUPPLIES Account 65040 - JANITORIAL SUPPLIES Totals Business Unit 3035 - CHANDLER COMMUNITY CENTER Totals Account 62505 - INSTRUCTOR SERVICES Totals Account 64015 - NATURAL GAS UTILITIES-NICOR FEB23 Account 64015 - NATURAL GAS Totals MONTHLY PEST CONTROL Account 62495 - LICENSED PEST CONTROL SERVICES Totals Account 62505 - INSTRUCTOR SERVICES LEGO CONTRACTOR Business Unit 3030 - CROWN COMMUNITY CENTER Totals Business Unit 3035 - CHANDLER COMMUNITY CENTER Account 62495 - LICENSED PEST CONTROL SERVICES JANITORIAL SUPPLY JANITORIAL SUPPLY JANITORIAL SUPPLY JANITORIAL SUPPLY Account 65040 - JANITORIAL SUPPLIES Totals Account 65025 - FOOD Totals Account 65040 - JANITORIAL SUPPLIES JANITORIAL SUPPLY JANITORIAL SUPPLY QUARTERLY ALARM CHARGE Account 62518 - SECURITY ALARM CONTRACTS Totals Account 65025 - FOOD RCCC PRESCHOOL MEALS PEST CONTROL MAINTENANCE Account 62495 - LICENSED PEST CONTROL SERVICES Totals Account 62518 - SECURITY ALARM CONTRACTS QUARTERLY ALARM CHARGE Account 62490 - OTHER PROGRAM COSTS DJ PUBLIC SKATE Account 62490 - OTHER PROGRAM COSTS Totals Account 62495 - LICENSED PEST CONTROL SERVICES Business Unit 3030 - CROWN COMMUNITY CENTER Account 62245 - OTHER EQMT MAINTENANCE ICE SCRAPER KNIVES CLEANED SHARPENED AND HONED Account 62245 - OTHER EQMT MAINTENANCE Totals Business Unit 2445 - HUMAN SERVICES Totals Department 24 - HEALTH Totals Department 30 - PARKS AND RECREATION Business Unit 2445 - HUMAN SERVICES Account 62490 - OTHER PROGRAM COSTS VICTIM SERVICES BROCHURE Account 62490 - OTHER PROGRAM COSTS Totals Account 65075 - MEDICAL & LAB SUPPLIES COURIER TO IDPH Account 65075 - MEDICAL & LAB SUPPLIES Totals Business Unit 2435 - PUBLIC HEALTH DIVISION Totals Business Unit 2435 - PUBLIC HEALTH DIVISION Account 62371 - WOMEN OUT WALKING EXPENSE WOW PROGRAM PRINTING FOR WOW SHIRTS Account 62371 - WOMEN OUT WALKING EXPENSE Totals Business Unit 2315 - FIRE SUPPRESSION Totals Department 23 - FIRE MGMT & SUPPORT Totals Department 24 - HEALTH Account 65090 - SAFETY EQUIPMENT Totals Account 65125 - OTHER COMMODITIES FREIGHT CHARGES Account 65125 - OTHER COMMODITIES Totals Account 65090 - SAFETY EQUIPMENT FIRE HELEMT PARTS DIVE GEAR FIRE PROTECTIVE GLOVES SCBA PARTS FIRE ENGINE EQUIPMENT FIRE HOSE EQUIPMENT BATTERIES Account 65085 - MINOR EQUIPMENT & TOOLS Totals Account 65075 - MEDICAL & LAB SUPPLIES AMBULANCE SUPPLIES Account 65075 - MEDICAL & LAB SUPPLIES Totals Account 65085 - MINOR EQUIPMENT & TOOLS Account 65040 - JANITORIAL SUPPLIES JANITORIAL SUPPLIES Account 65040 - JANITORIAL SUPPLIES Totals FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS Account 65020 - CLOTHING Totals FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS FIRE UNIFORMS Run by Tera Davis on 03/21/2023 01:45:51 PM Page 6 of 24 A1.Page 52 of 642 100 GENERAL FUND Vendor G/L Date Payment Date Invoice Amount Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description 18767 - MAUREEN FOGERTY 03/28/2023 03/28/2023 1,899.30 17770 - HEIDI MOKRZYCKI 03/28/2023 03/28/2023 561.00 17770 - HEIDI MOKRZYCKI 03/28/2023 03/28/2023 380.40 16400 - NICHOLA GOSS 03/28/2023 03/28/2023 583.80 16400 - NICHOLA GOSS 03/28/2023 03/28/2023 540.60 17689 - SHAUNA BABCOCK 03/28/2023 03/28/2023 2,387.84 18619 - SUSAN MENDELSOHN 03/28/2023 03/28/2023 1,396.80 17691 - SUZANNE HOCK 03/28/2023 03/28/2023 2,326.80 10511 - VIVIAN VISSER 03/28/2023 03/28/2023 2,098.20 10511 - VIVIAN VISSER 03/28/2023 03/28/2023 2,094.60 Invoice Transactions 23 $54,948.50 100401 - COMCAST CABLE 03/28/2023 03/28/2023 453.58 Invoice Transactions 1 $453.58 313314 - 303 TAXI 03/28/2023 03/28/2023 1,860.00 315915 - AMERICAN TAXI DISPATCH, INC.03/28/2023 03/28/2023 20.00 315915 - AMERICAN TAXI DISPATCH, INC.03/28/2023 03/28/2023 66.00 Invoice Transactions 3 $1,946.00 Invoice Transactions 27 $57,348.08 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 225.00 Invoice Transactions 1 $225.00 Invoice Transactions 1 $225.00 100162 - ALARM DETECTION SYSTEMS, INC.03/28/2023 03/28/2023 136.23 Invoice Transactions 1 $136.23 Invoice Transactions 1 $136.23 103744 - NICOR 03/28/2023 03/28/2023 512.91 Invoice Transactions 1 $512.91 Invoice Transactions 1 $512.91 254047 - DONALD KOLAKOWSKI 03/28/2023 03/28/2023 2,700.00 Invoice Transactions 1 $2,700.00 16047 - KEYANNA KHATIBLOU 03/28/2023 03/28/2023 975.00 Invoice Transactions 1 $975.00 Invoice Transactions 2 $3,675.00 Invoice Transactions 51 $72,668.54 104509 - RUSSO POWER EQUIPMENT 03/28/2023 03/28/2023 2,720.00 Invoice Transactions 1 $2,720.00 Invoice Transactions 1 $2,720.00 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 22.51 Invoice Transactions 1 $22.51 Invoice Transactions 1 $22.51 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 39.00 14100 - BHFX LLC 03/28/2023 03/28/2023 390.00 Invoice Transactions 2 $429.00 316000 - SAFEBUILT LLC, LOCKBOX # 88135 03/28/2023 03/28/2023 403.26 316000 - SAFEBUILT LLC, LOCKBOX # 88135 03/28/2023 03/28/2023 702.78 Invoice Transactions 2 $1,106.04 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 89.97 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 31.99 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 16.99 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 53.39 Invoice Transactions 4 $192.34 Invoice Transactions 8 $1,727.38 103812 - NORTHERN SAFETY CO. INC.03/28/2023 03/28/2023 300.00 Invoice Transactions 1 $300.00 Invoice Transactions 1 $300.00 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 49.67 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 46.15 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 41.84 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 36.44 Invoice Transactions 4 $174.10 120248 - ELCAST LIGHTING 03/28/2023 03/28/2023 1,482.00 120248 - ELCAST LIGHTING 03/28/2023 03/28/2023 1,482.00 100747 - MOBO TREX 03/28/2023 03/28/2023 23,671.00 Invoice Transactions 3 $26,635.00 103411 - MIDWEST FENCE COMPANY 03/28/2023 03/28/2023 8,171.00 Invoice Transactions 1 $8,171.00 Invoice Transactions 8 $34,980.10 Invoice Transactions 19 $39,749.99 Invoice Transactions 344 $445,609.40 Department 40 - PUBLIC WORKS AGENCY Totals Fund 100 - GENERAL FUND Totals GUARDRAIL REPAIR - SOLE SOURCE PURCHASE Account 65115 - TRAFFIC CONTROL SUPPLI Totals Business Unit 4520 - TRAF. SIG.& ST LIGHT MAINT Totals STREET LIGHT FIXTURE REPAIR SOLE SOURCE PURCHASE TRAFFIC SIGNAL CABINET Account 65070 - OFFICE/OTHER EQT MTN MATL Totals Account 65115 - TRAFFIC CONTROL SUPPLI FESTIVAL LIGHTING Account 64008 - FESTIVAL LIGHTING Totals Account 65070 - OFFICE/OTHER EQT MTN MATL STREET LIGHT FIXTURE REPAIR Business Unit 4520 - TRAF. SIG.& ST LIGHT MAINT Account 64008 - FESTIVAL LIGHTING FESTIVAL LIGHTING FESTIVAL LIGHTING FESTIVAL LIGHTING Account 65055 - MATER. TO MAINT. IMP. DURA VINYL PUBLIC WORKS LABEL Account 65055 - MATER. TO MAINT. IMP. Totals Business Unit 4510 - STREET MAINTENANCE Totals Account 65095 - OFFICE SUPPLIES Totals Business Unit 4400 - CAPITAL PLANNING & ENGINEERING Totals Business Unit 4510 - STREET MAINTENANCE Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Account 62464 - PLUMB, ELEC, PLAN REVEIW SERV ROW PERMIT ENGINEERING SERVICES ROW PERMIT ENGINEERING SERVICES Account 62464 - PLUMB, ELEC, PLAN REVEIW SERV Totals Account 62210 - PRINTING BUSINESS CARDS - SENIOR PROJECT MANAGER J. KROHN PLOTTER MAINTENANCE SERVICE Account 62210 - PRINTING Totals Account 62195 - LANDSCAPE MAINTENANCE SERVICES Totals Business Unit 4330 - GREENWAYS Totals Business Unit 4400 - CAPITAL PLANNING & ENGINEERING Business Unit 4300 - ENVIRONMENTAL SERVICES Totals Business Unit 4330 - GREENWAYS Account 62195 - LANDSCAPE MAINTENANCE SERVICES IRRIGATION PUMP Business Unit 4300 - ENVIRONMENTAL SERVICES Account 65085 - MINOR EQUIPMENT & TOOLS HEDGE TRIMMERS & BATTERIES Account 65085 - MINOR EQUIPMENT & TOOLS Totals Business Unit 3720 - CULTURAL ARTS PROGRAMS Totals Department 30 - PARKS AND RECREATION Totals Department 40 - PUBLIC WORKS AGENCY Account 62505 - INSTRUCTOR SERVICES Totals Account 65110 - RECREATION SUPPLIES SCRIPT PRODUCTION CAMP MYSTIC Account 65110 - RECREATION SUPPLIES Totals Business Unit 3710 - NOYES CULTURAL ARTS CENTER Totals Business Unit 3720 - CULTURAL ARTS PROGRAMS Account 62505 - INSTRUCTOR SERVICES DIRECT SHOWS Business Unit 3710 - NOYES CULTURAL ARTS CENTER Account 64015 - NATURAL GAS UTILITIES-NICOR FEB23 Account 64015 - NATURAL GAS Totals Account 62518 - SECURITY ALARM CONTRACTS ALARM DETECTION Account 62518 - SECURITY ALARM CONTRACTS Totals Business Unit 3605 - ECOLOGY CENTER Totals Account 62205 - ADVERTISING Totals Business Unit 3080 - BEACHES Totals Business Unit 3605 - ECOLOGY CENTER Business Unit 3055 - LEVY CENTER SENIOR SERVICES Totals Business Unit 3080 - BEACHES Account 62205 - ADVERTISING CLARK ST BEACH SIGNS Account 62695 - COUPON PMTS-CAB SUBSIDY TAXI SERVICE TAXI SERVICE TAXI SERVICE Account 62695 - COUPON PMTS-CAB SUBSIDY Totals Account 62505 - INSTRUCTOR SERVICES Totals Account 62511 - ENTERTAIN/PERFORMER SERV COMCAST Account 62511 - ENTERTAIN/PERFORMER SERV Totals FITNESS INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT ART INSTRUCTOR CONTRACT ART INSTRUCTOR CONTRACT FITNESS INSTRUCTOR CONTRACT DANCE INSTRUCTOR CONTRACT DANCE INSTRUCTOR CONTRACT DANCE INSTRUCTOR CONTRACT DANCE INSTRUCTOR CONTRACT Run by Tera Davis on 03/21/2023 01:45:51 PM Page 7 of 24 A1.Page 53 of 642 170 AMERICAN RESCUE PLAN Vendor G/L Date Payment Date Invoice Amount 181472 - DUPAGE FEDERATION 03/28/2023 03/28/2023 603.05 17787 - EVANSTON LATINOS NFP 03/28/2023 03/28/2023 150.00 Invoice Transactions 2 $753.05 Invoice Transactions 2 $753.05 Invoice Transactions 2 $753.05 Invoice Transactions 2 $753.05 Business Unit 9973 - PARTICIPATORY BUDGETING Totals Department 99 - NON-DEPARTMENTAL Totals Fund 170 - AMERICAN RESCUE PLAN Totals Business Unit 9973 - PARTICIPATORY BUDGETING Account 62490 - OTHER PROGRAM COSTS PARTICIPATORY BUDGETING INTERPRETATION PARTICIPATORY BUDGETING CHILDCARE Account 62490 - OTHER PROGRAM COSTS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 170 - AMERICAN RESCUE PLAN Department 99 - NON-DEPARTMENTAL Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Run by Tera Davis on 03/21/2023 01:45:51 PM Page 8 of 24 A1.Page 54 of 642 176 HUMAN SERVICE FUND Vendor G/L Date Payment Date Invoice Amount 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 39.00 18762 - IALTCO 03/28/2023 03/28/2023 60.00 Invoice Transactions 2 $99.00 Invoice Transactions 2 $99.00 Invoice Transactions 2 $99.00 Invoice Transactions 2 $99.00 Business Unit 2445 - HUMAN SERVICES Totals Department 24 - HEALTH Totals Fund 176 - HUMAN SERVICES FUND Totals Business Unit 2445 - HUMAN SERVICES Account 62490 - OTHER PROGRAM COSTS BUSINESS CARDS MEMBERSHIP 2023 Account 62490 - OTHER PROGRAM COSTS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 176 - HUMAN SERVICES FUND Department 24 - HEALTH Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Run by Tera Davis on 03/21/2023 01:45:51 PM Page 9 of 24 A1.Page 55 of 642 177 REPARATIONS FUND Vendor G/L Date Payment Date Invoice Amount 10638 - COMMUNITY PARTNERS FOR AFFORDABLE HOUSING 03/28/2023 03/28/2023 4,300.00 Invoice Transactions 1 $4,300.00 Invoice Transactions 1 $4,300.00 Invoice Transactions 1 $4,300.00 Invoice Transactions 1 $4,300.00 Business Unit 1595 - REPARATIONS FUND Totals Department 15 - CITY MANAGER'S OFFICE Totals Fund 177 - REPARATIONS FUND Totals Business Unit 1595 - REPARATIONS FUND Account 62490 - OTHER PROGRAM COSTS REPARATIONS - HOME IMPROVEMENT Account 62490 - OTHER PROGRAM COSTS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 177 - REPARATIONS FUND Department 15 - CITY MANAGER'S OFFICE Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Run by Tera Davis on 03/21/2023 01:45:51 PM Page 10 of 24 A1.Page 56 of 642 200 MOTOR FUEL TAX FUND Vendor G/L Date Payment Date Invoice Amount 101143 - COMED 03/28/2023 03/28/2023 167.72 101143 - COMED 03/28/2023 03/28/2023 712.93 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 22.95 Invoice Transactions 3 $903.60 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 360.30 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 2,364.55 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 34.51 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 197.16 Invoice Transactions 4 $2,956.52 125211 - MORTON SALT 03/28/2023 03/28/2023 36,588.69 Invoice Transactions 1 $36,588.69 Invoice Transactions 8 $40,448.81 Invoice Transactions 8 $40,448.81 Invoice Transactions 8 $40,448.81 Department 40 - PUBLIC WORKS AGENCY Totals Fund 200 - MOTOR FUEL TAX FUND Totals Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 ROCK SALT FOR 2022-23 WINTER SEASON Account 65015 - CHEMICALS/ SALT Totals Business Unit 5100 - MOTOR FUEL TAX - ADMINISTRATION Totals TRAFFIC SIGNALS TRAFFIC SIGNALS Account 64007 - TRAFFIC LIGHT ELECTRICITY Totals Account 65015 - CHEMICALS/ SALT Account 64006 - LIGHTING Totals Account 64007 - TRAFFIC LIGHT ELECTRICITY TRAFFIC SIGNALS TRAFFIC SIGNALS Business Unit 5100 - MOTOR FUEL TAX - ADMINISTRATION Account 64006 - LIGHTING STREET LIGHTING STREET LIGHTING STREET LIGHTING CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 200 - MOTOR FUEL TAX FUND Department 40 - PUBLIC WORKS AGENCY Run by Tera Davis on 03/21/2023 01:45:51 PM Page 11 of 24 A1.Page 57 of 642 205 EMERGENCY TELE (E911) FUND Vendor G/L Date Payment Date Invoice Amount 128956 - CHRISTOPHER VOSS 03/28/2023 03/28/2023 118.10 Invoice Transactions 1 $118.10 100987 - CHICAGO COMMUNICATIONS, LLC.03/28/2023 03/28/2023 691.00 103536 - MOTOROLA SOLUTIONS, INC.03/28/2023 03/28/2023 5,610.00 18823 - SANSIO, INC 03/28/2023 03/28/2023 1,025.66 18823 - SANSIO, INC 03/28/2023 03/28/2023 1,036.94 18823 - SANSIO, INC 03/28/2023 03/28/2023 1,020.08 14910 - SUPERION, LLC 03/28/2023 03/28/2023 93,898.06 Invoice Transactions 6 $103,281.74 149416 - AT & T 03/28/2023 03/28/2023 89.39 Invoice Transactions 1 $89.39 100987 - CHICAGO COMMUNICATIONS, LLC.03/28/2023 03/28/2023 17,769.45 Invoice Transactions 1 $17,769.45 Invoice Transactions 9 $121,258.68 Invoice Transactions 9 $121,258.68 Invoice Transactions 9 $121,258.68Fund 205 - EMERGENCY TELEPHONE (E911) FUND Totals Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 5150 - EMERGENCY TELEPHONE SYSTM Totals Department 22 - POLICE Totals COMMUNICATION CHARGES - FEB 23 Account 64505 - TELECOMMUNICATIONS Totals Account 65515 - OTHER IMPROVEMENTS RADIO INFRASTRUCTURE HEALTH EMS SUBSCRIPTION 2023 ANNUAL MAINTENANCE - CAD Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 64505 - TELECOMMUNICATIONS Account 62509 - SERVICE AGREEMENTS/ CONTRACTS MOBILE RADIO MAINTENANCE (APR 23) STARCOM AIRTIME - MARCH 23 HEALTH EMS SUBSCRIPTION HEALTH EMS SUBSCRIPTION Business Unit 5150 - EMERGENCY TELEPHONE SYSTM Account 62295 - TRAINING & TRAVEL TRAVEL / TRAINING - APCO 2023 LEADERSHIP SYMPOSIUM Account 62295 - TRAINING & TRAVEL Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 205 - EMERGENCY TELEPHONE (E911) FUND Department 22 - POLICE Run by Tera Davis on 03/21/2023 01:45:51 PM Page 12 of 24 A1.Page 58 of 642 215 CDBG F UND Vendor G/L Date Payment Date Invoice Amount 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 39.00 Invoice Transactions 1 $39.00 Invoice Transactions 1 $39.00 Invoice Transactions 1 $39.00 Invoice Transactions 1 $39.00 Business Unit 5220 - CDBG ADMINISTRATION Totals Department 21 - COMMUNITY DEVELOPMENT Totals Fund 215 - CDBG FUND Totals Business Unit 5220 - CDBG ADMINISTRATION Account 62210 - PRINTING CD BUSINESS CARDS Account 62210 - PRINTING Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 215 - CDBG FUND Department 21 - COMMUNITY DEVELOPMENT Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Run by Tera Davis on 03/21/2023 01:45:51 PM Page 13 of 24 A1.Page 59 of 642 365 FIVE FIFTH TIF FUND Vendor G/L Date Payment Date Invoice Amount 16046 - CARTER INVESTMENTS, INC. DBA SOUL & SMOKE 03/28/2023 03/28/2023 131,409.85 Invoice Transactions 1 $131,409.85 Invoice Transactions 1 $131,409.85 Invoice Transactions 1 $131,409.85 Invoice Transactions 1 $131,409.85 Business Unit 5900 - TIF Totals Department 99 - NON-DEPARTMENTAL Totals Fund 365 - FIVE FIFTH TIF FUND Totals Business Unit 5900 - TIF Account 65511 - BUILDING IMPROVEMENTS ELIGIBLE EXPENSES ASSOCIATED W/EXPANSION Account 65511 - BUILDING IMPROVEMENTS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 365 - FIVE FIFTH TIF FUND Department 99 - NON-DEPARTMENTAL Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Run by Tera Davis on 03/21/2023 01:45:51 PM Page 14 of 24 A1.Page 60 of 642 415 CAPITAL IMPROVEMENTS FUND Vendor G/L Date Payment Date Invoice Amount 19288 - STUDIO AH LLC DBA HPZS *03/28/2023 03/28/2023 21,217.88 Invoice Transactions 1 $21,217.88 Invoice Transactions 1 $21,217.88 104981 - AECOM USA, INC.*03/28/2023 03/28/2023 91,181.53 Invoice Transactions 1 $91,181.53 Invoice Transactions 1 $91,181.53 16706 - SPRING CITY ELECTRICAL *03/28/2023 03/28/2023 98,520.00 Invoice Transactions 1 $98,520.00 Invoice Transactions 1 $98,520.00 297163 - KOMPAN, INC.*03/28/2023 03/28/2023 34,040.08 Invoice Transactions 1 $34,040.08 Invoice Transactions 1 $34,040.08 275501 - UTILITY DYNAMICS CORPORATION *03/28/2023 03/28/2023 13,177.94 Invoice Transactions 1 $13,177.94 Invoice Transactions 1 $13,177.94 Invoice Transactions 6 $258,137.43 Invoice Transactions 6 $258,137.43 Department 40 - PUBLIC WORKS AGENCY Totals Fund 415 - CAPITAL IMPROVEMENTS FUND Totals Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Account 65515 - OTHER IMPROVEMENTS BUTLER PARK & TWIGGS PARK ELECTRICAL IMPROVEMENTS Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 4319 - CIP CDBG Funds Totals Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 4219 - NON-BOND CAPITAL Totals Business Unit 4319 - CIP CDBG Funds Business Unit 4122 - 2022 GO BOND CAPITAL Totals Business Unit 4219 - NON-BOND CAPITAL Account 65515 - OTHER IMPROVEMENTS SOLE SOURCE-PLAYGROUND EQUIPMENT AT RAYMOND PARK Business Unit 4122 - 2022 GO BOND CAPITAL Account 65515 - OTHER IMPROVEMENTS TALLMADGE STREET LIGHT POLES& LED LUMINAIRE - SOLE SOURCE Account 65515 - OTHER IMPROVEMENTS Totals Account 62145 - ENGINEERING SERVICES CIVIC CENTER & POLICE/FIRE HQ RELOCATION FEASIBILITY STUDY Account 62145 - ENGINEERING SERVICES Totals Business Unit 4121 - 2021 GO BOND CAPITAL Totals Business Unit 4121 - 2021 GO BOND CAPITAL Business Unit 4118 - 2018 GO BOND CAPITAL Totals Business Unit 4118 - 2018 GO BOND CAPITAL Account 65515 - OTHER IMPROVEMENTS ECOLOGY CENTER RENOVATION CONSULTING SERVICES Account 65515 - OTHER IMPROVEMENTS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 415 - CAPITAL IMPROVEMENTS FUND Department 40 - PUBLIC WORKS AGENCY Run by Tera Davis on 03/21/2023 01:45:51 PM Page 15 of 24 A1.Page 61 of 642 505 PARKING SYSTEM FUND Vendor G/L Date Payment Date Invoice Amount 17306 - DAVIS BANCORP, INC.03/28/2023 03/28/2023 3,980.77 Invoice Transactions 1 $3,980.77 Invoice Transactions 1 $3,980.77 101215 - COOK COUNTY COLLECTOR 03/28/2023 03/28/2023 458.01 Invoice Transactions 1 $458.01 101143 - COMED 03/28/2023 03/28/2023 499.66 101143 - COMED 03/28/2023 03/28/2023 502.94 10643 - PASSPORT LABS, INC.03/28/2023 03/28/2023 552.00 225904 - TOTAL PARKING SOLUTIONS, INC.03/28/2023 03/28/2023 25,410.00 225904 - TOTAL PARKING SOLUTIONS, INC.03/28/2023 03/28/2023 29,055.00 225904 - TOTAL PARKING SOLUTIONS, INC.03/28/2023 03/28/2023 400.00 Invoice Transactions 6 $56,419.60 10643 - PASSPORT LABS, INC.03/28/2023 03/28/2023 22,324.72 Invoice Transactions 1 $22,324.72 Invoice Transactions 8 $79,202.33 101215 - COOK COUNTY COLLECTOR 03/28/2023 03/28/2023 811.84 Invoice Transactions 1 $811.84 13097 - SP PLUS PARKING 03/28/2023 03/28/2023 11,960.61 Invoice Transactions 1 $11,960.61 13583 - 3C PAYMENT (USA) CORP 03/28/2023 03/28/2023 123.24 Invoice Transactions 1 $123.24 Invoice Transactions 3 $12,895.69 101215 - COOK COUNTY COLLECTOR 03/28/2023 03/28/2023 3,261.47 Invoice Transactions 1 $3,261.47 215899 - MB EVANSTON SHERMAN, L.L.C.03/28/2023 03/28/2023 1,310.00 13097 - SP PLUS PARKING 03/28/2023 03/28/2023 21,747.01 Invoice Transactions 2 $23,057.01 18749 - SKIDATA, INC.03/28/2023 03/28/2023 3,376.69 Invoice Transactions 1 $3,376.69 13583 - 3C PAYMENT (USA) CORP 03/28/2023 03/28/2023 385.62 Invoice Transactions 1 $385.62 Invoice Transactions 5 $30,080.79 101215 - COOK COUNTY COLLECTOR 03/28/2023 03/28/2023 1,063.07 Invoice Transactions 1 $1,063.07 13097 - SP PLUS PARKING 03/28/2023 03/28/2023 14,501.22 Invoice Transactions 1 $14,501.22 13583 - 3C PAYMENT (USA) CORP 03/28/2023 03/28/2023 325.26 Invoice Transactions 1 $325.26 103744 - NICOR 03/28/2023 03/28/2023 180.07 Invoice Transactions 1 $180.07 Invoice Transactions 4 $16,069.62 Invoice Transactions 21 $142,229.20 Invoice Transactions 21 $142,229.20Fund 505 - PARKING SYSTEM FUND Totals Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Account 64015 - NATURAL GAS Totals Business Unit 7037 - MAPLE GARAGE Totals Department 19 - ADMINISTRATIVE SERVICES Totals CREDIT & DEBIT CARD PROCESSING FEES-FEBRUARY 2023 Account 62705 - BANK SERVICE CHARGES Totals Account 64015 - NATURAL GAS UTILITIES: NICOR Account 62400 - CONTRACT SVC-PARKING GARAGE CONTRACT MGMT & OPER. OF 3 SELF-PARK FAC. MAR 2023 Account 62400 - CONTRACT SVC-PARKING GARAGE Totals Account 62705 - BANK SERVICE CHARGES Business Unit 7037 - MAPLE GARAGE Account 62347 - PARKING TAX PAYMENTS TO COUNTY *PARKING COUNTY TAX FEB 2023 Account 62347 - PARKING TAX PAYMENTS TO COUNTY Totals CREDIT & DEBIT CARD PROCESSING FEES-FEBRUARY 2023 Account 62705 - BANK SERVICE CHARGES Totals Business Unit 7036 - SHERMAN GARAGE Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS SHERMAN GARAGE PARTS AND REPAIRS Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 62705 - BANK SERVICE CHARGES Account 62400 - CONTRACT SVC-PARKING GARAGE SHERMAN GARAGE JANITORIAL SERVICES FEBRUARY 2023 CONTRACT MGMT & OPER. OF 3 SELF-PARK FAC. MAR 2023 Account 62400 - CONTRACT SVC-PARKING GARAGE Totals Business Unit 7036 - SHERMAN GARAGE Account 62347 - PARKING TAX PAYMENTS TO COUNTY *PARKING COUNTY TAX FEB 2023 Account 62347 - PARKING TAX PAYMENTS TO COUNTY Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS CREDIT & DEBIT CARD PROCESSING FEES-FEBRUARY 2023 Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Business Unit 7025 - CHURCH STREET GARAGE Totals Account 62347 - PARKING TAX PAYMENTS TO COUNTY Totals Account 62400 - CONTRACT SVC-PARKING GARAGE CONTRACT MGMT & OPER. OF 3 SELF-PARK FAC. MAR 2023 Account 62400 - CONTRACT SVC-PARKING GARAGE Totals Business Unit 7015 - PARKING LOTS & METERS Totals Business Unit 7025 - CHURCH STREET GARAGE Account 62347 - PARKING TAX PAYMENTS TO COUNTY *PARKING COUNTY TAX FEB 2023 Account 62519 - PASSPORT MOBILE PARKING APP FEES MOBILE PAY FEBRUARY 2023 Account 62519 - PASSPORT MOBILE PARKING APP FEES Totals PERMIT SERVICE FEBRUARY 2023 QUARTERLY PAYMENT-PARTS & LABOR CONTRACT FOR 140 PAYBOXES QUARTERLY PAYMENT-WEBOFFICE MONITORING FOR 149 PAYBOXES PAYBOX SERVICE CALL Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 62347 - PARKING TAX PAYMENTS TO COUNTY Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS UTILITIES: COMED UTILITIES: COMED Business Unit 7005 - PARKING SYSTEM MGT Totals Business Unit 7015 - PARKING LOTS & METERS Account 62347 - PARKING TAX PAYMENTS TO COUNTY *PARKING COUNTY TAX FEB 2023 Business Unit 7005 - PARKING SYSTEM MGT Account 62431 - ARMORED CAR SERVICES ARMORED CAR SERVICES - PARKING AND COLLECTORS OFFICE FEB 2023 Account 62431 - ARMORED CAR SERVICES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 505 - PARKING SYSTEM FUND Department 19 - ADMINISTRATIVE SERVICES Run by Tera Davis on 03/21/2023 01:45:51 PM Page 16 of 24 A1.Page 62 of 642 510 WATER FUND Vendor G/L Date Payment Date Invoice Amount 103883 - ODP BUSINESS SOLUTIONS, LLC 03/28/2023 03/28/2023 82.62 Invoice Transactions 1 $82.62 Invoice Transactions 1 $82.62 105394 - VERIZON WIRELESS 03/28/2023 03/28/2023 114.03 Invoice Transactions 1 $114.03 Invoice Transactions 1 $114.03 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 50,028.33 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 733.84 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 678.93 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 19.18 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 197.34 10730 - MC SQUARED ENERGY 03/28/2023 03/28/2023 125.39 Invoice Transactions 6 $51,783.01 103744 - NICOR 03/28/2023 03/28/2023 1,906.97 103744 - NICOR 03/28/2023 03/28/2023 99.47 Invoice Transactions 2 $2,006.44 10655 - MIDWEST METER, INC. 03/28/2023 03/28/2023 7,238.85 Invoice Transactions 1 $7,238.85 Invoice Transactions 9 $61,028.30 106964 - EUROFINS EATON ANALYTICAL 03/28/2023 03/28/2023 14.00 Invoice Transactions 1 $14.00 217862 - ALEXANDER CHEMICAL CORPORATION 03/28/2023 03/28/2023 15,912.00 Invoice Transactions 1 $15,912.00 Invoice Transactions 2 $15,926.00 Invoice Transactions 13 $77,150.95 Invoice Transactions 13 $77,150.95 Department 40 - PUBLIC WORKS AGENCY Totals Fund 510 - WATER FUND Totals Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Account 65015 - CHEMICALS/ SALT LIQUID CHLORINE (PER SPEC) Account 65015 - CHEMICALS/ SALT Totals Business Unit 4220 - FILTRATION Totals Business Unit 4220 - FILTRATION Account 62465 - OUTSIDE LABORATORY COSTS FY 2023 LABORATORY TESTING - ROUTINE COMPLIANCE Account 62465 - OUTSIDE LABORATORY COSTS Totals BADGER 12" MAG METER WITH 120' CABLE Account 65070 - OFFICE/OTHER EQT MTN MATL Totals Business Unit 4210 - PUMPING Totals UTILITIES-NICOR FEB23 UTILITIES-NICOR FEB23 Account 64015 - NATURAL GAS Totals Account 65070 - OFFICE/OTHER EQT MTN MATL UTILITIES-MC SQUARED FEB23 UTILITIES-MC SQUARED FEB23 Account 64005 - ELECTRICITY Totals Account 64015 - NATURAL GAS Account 64005 - ELECTRICITY UTILITIES-MC SQUARED FEB23 UTILITIES-MC SQUARED FEB23 UTILITIES-MC SQUARED FEB23 UTILITIES-MC SQUARED FEB23 Account 64540 - TELECOMMUNICATIONS - WIRELESS Totals Business Unit 4208 - WATER BILLING Totals Business Unit 4210 - PUMPING Business Unit 4200 - WATER PRODUCTION Totals Business Unit 4208 - WATER BILLING Account 64540 - TELECOMMUNICATIONS - WIRELESS WIRELESS COMMUNICATION Business Unit 4200 - WATER PRODUCTION Account 65095 - OFFICE SUPPLIES FY2023 OFFICE SUPPLIES Account 65095 - OFFICE SUPPLIES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 510 - WATER FUND Department 40 - PUBLIC WORKS AGENCY Run by Tera Davis on 03/21/2023 01:45:51 PM Page 17 of 24 A1.Page 63 of 642 515 SEWER FUND Vendor G/L Date Payment Date Invoice Amount 19532 - ANDERSON, ANDREW 03/28/2023 03/28/2023 15,600.00 284506 - LEA PINSKY 03/28/2023 03/28/2023 8,855.00 Invoice Transactions 2 $24,455.00 Invoice Transactions 2 $24,455.00 Invoice Transactions 2 $24,455.00 Invoice Transactions 2 $24,455.00 Business Unit 4535 - SEWER IMPROVEMENTS Totals Department 40 - PUBLIC WORKS AGENCY Totals Fund 515 - SEWER FUND Totals Business Unit 4535 - SEWER IMPROVEMENTS Account 65515 - OTHER IMPROVEMENTS PRIVATE SEWER REPAIR FINANCIAL ASSISTANCE PRIVATE SEWER REPAIR FINANCIAL ASSISTANCE Account 65515 - OTHER IMPROVEMENTS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 515 - SEWER FUND Department 40 - PUBLIC WORKS AGENCY Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Run by Tera Davis on 03/21/2023 01:45:51 PM Page 18 of 24 A1.Page 64 of 642 520 SOLID WASTE FUND Vendor G/L Date Payment Date Invoice Amount 102499 - ILLINOIS DEPT OF REVENUE 03/28/2023 03/28/2023 1,286.00 Invoice Transactions 1 $1,286.00 278136 - LAKESHORE RECYCLING SYSTEMS 03/28/2023 03/28/2023 39,480.00 Invoice Transactions 1 $39,480.00 102184 - GROOT RECYCLING & WASTE SERVICES 03/28/2023 03/28/2023 143,448.00 Invoice Transactions 1 $143,448.00 104720 - SHRED ALL TRANSFER 03/28/2023 03/28/2023 429.53 Invoice Transactions 1 $429.53 102339 - HIGH PSI LTD.03/28/2023 03/28/2023 26.52 Invoice Transactions 1 $26.52 19302 - ECUBE LABS CO.03/28/2023 03/28/2023 9,004.00 Invoice Transactions 1 $9,004.00 100177 - ALLEGRA PRINT & IMAGING 03/28/2023 03/28/2023 983.00 Invoice Transactions 1 $983.00 Invoice Transactions 7 $194,657.05 Invoice Transactions 7 $194,657.05 Invoice Transactions 7 $194,657.05 Department 40 - PUBLIC WORKS AGENCY Totals Fund 520 - SOLID WASTE FUND Totals Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 OUTDOOR TRASH LABELS Account 67107 - OUTREACH Totals Business Unit 4310 - RECYCLING AND ENVIRONMENTAL MAIN Totals Account 65625 - FURNITURE & FIXTURES SOLE SOURCE PURCHASE-COMPACTING WASTE CONTAINERS Account 65625 - FURNITURE & FIXTURES Totals Account 67107 - OUTREACH Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 65055 - MATER. TO MAINT. IMP. BRIGGS KEY Account 65055 - MATER. TO MAINT. IMP. Totals FY2023 RESIDENTIAL REFUSE COLLECTION Account 62415 - RESIDENTIAL DEBRIS/REMOVAL CONTRACTUAL COSTS Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS TIRE Account 62390 - CONDOMINIUM REFUSE COLL FY23 CONDOMINIUM REFUSE FRANCHISE Account 62390 - CONDOMINIUM REFUSE COLL Totals Account 62415 - RESIDENTIAL DEBRIS/REMOVAL CONTRACTUAL COSTS Business Unit 4310 - RECYCLING AND ENVIRONMENTAL MAIN Account 56155 - TRASH CART SALES *SALES TAX FEB 2023 Account 56155 - TRASH CART SALES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 520 - SOLID WASTE FUND Department 40 - PUBLIC WORKS AGENCY Run by Tera Davis on 03/21/2023 01:45:51 PM Page 19 of 24 A1.Page 65 of 642 600 FLEET SERVICES FUND Vendor G/L Date Payment Date Invoice Amount 101081 - CITY WELDING SALES & SERVICE INC.03/28/2023 03/28/2023 97.43 Invoice Transactions 1 $97.43 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 78.62 101064 - CINTAS #22 03/28/2023 03/28/2023 98.17 101064 - CINTAS #22 03/28/2023 03/28/2023 78.62 Invoice Transactions 3 $255.41 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 1,433.68 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 360.84 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 46.14 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 65.95 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 427.58 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 (97.00) 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 114.56 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 211.96 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 260.09 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 72.98 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 128.10 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 259.01 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 165.36 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 177.41 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 59.99 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 8.69 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 124.99 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 159.99 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 62.21 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2023 03/28/2023 545.97 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 187.50 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 381.87 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 1,228.28 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 49.57 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 162.85 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 418.37 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 67.64 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 29.44 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 777.84 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 99.06 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 109.00 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 280.06 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 762.45 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 200.04 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 84.74 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 487.62 18598 - ARLINGTON HEIGHTS FORD 03/28/2023 03/28/2023 486.35 100412 - ATLAS BOBCAT, INC.03/28/2023 03/28/2023 186.80 272360 - ATLAS TOYOTA MATERIAL HANDLING 03/28/2023 03/28/2023 96.93 272360 - ATLAS TOYOTA MATERIAL HANDLING 03/28/2023 03/28/2023 96.93 285052 - CHICAGO PARTS & SOUND, LLC 03/28/2023 03/28/2023 83.08 285052 - CHICAGO PARTS & SOUND, LLC 03/28/2023 03/28/2023 117.84 285052 - CHICAGO PARTS & SOUND, LLC 03/28/2023 03/28/2023 596.84 285052 - CHICAGO PARTS & SOUND, LLC 03/28/2023 03/28/2023 634.22 285052 - CHICAGO PARTS & SOUND, LLC 03/28/2023 03/28/2023 122.40 285052 - CHICAGO PARTS & SOUND, LLC 03/28/2023 03/28/2023 121.98 19508 - CUSTOM TRUCK ONE SOURCE 03/28/2023 03/28/2023 461.15 120361 - EJ EQUIPMENT 03/28/2023 03/28/2023 1,747.95 120361 - EJ EQUIPMENT 03/28/2023 03/28/2023 297.78 107308 - GENERAL TRUCK PARTS & EQT 03/28/2023 03/28/2023 46.14 227800 - GOLF MILL FORD 03/28/2023 03/28/2023 54.85 102137 - GRAINGER, INC., W.W.03/28/2023 03/28/2023 26.10 102137 - GRAINGER, INC., W.W.03/28/2023 03/28/2023 62.84 121261 - H. BARBER & SONS, INC.03/28/2023 03/28/2023 2,284.96 102281 - HAVEY COMMUNICATIONS INC.03/28/2023 03/28/2023 1,434.00 16406 - IMPERIAL SUPPLIES, LLC 03/28/2023 03/28/2023 343.83 16406 - IMPERIAL SUPPLIES, LLC 03/28/2023 03/28/2023 197.01 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 03/28/2023 03/28/2023 243.02 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 03/28/2023 03/28/2023 477.54 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 03/28/2023 03/28/2023 86.46 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 03/28/2023 03/28/2023 339.03 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 03/28/2023 03/28/2023 452.04 14988 - JX PETERBILT / JX ENTERPRISES, INC.03/28/2023 03/28/2023 122.99 14988 - JX PETERBILT / JX ENTERPRISES, INC.03/28/2023 03/28/2023 151.99 14988 - JX PETERBILT / JX ENTERPRISES, INC.03/28/2023 03/28/2023 145.76 14988 - JX PETERBILT / JX ENTERPRISES, INC.03/28/2023 03/28/2023 708.99 102771 - K M INTERNATIONAL 03/28/2023 03/28/2023 213.72 297469 - KROMER COMPANY 03/28/2023 03/28/2023 506.69 15512 - LAKESIDE INTERNATIONAL, LLC 03/28/2023 03/28/2023 95.26 15512 - LAKESIDE INTERNATIONAL, LLC 03/28/2023 03/28/2023 44.99 102994 - LEACH ENTERPRISES, INC.03/28/2023 03/28/2023 416.96 105080 - MACQUEEN EQUIPMENT DBA MACQUEEN EMERGENCY GROUP 03/28/2023 03/28/2023 267.69 105080 - MACQUEEN EQUIPMENT DBA MACQUEEN EMERGENCY GROUP 03/28/2023 03/28/2023 1,017.74 105080 - MACQUEEN EQUIPMENT DBA MACQUEEN EMERGENCY GROUP 03/28/2023 03/28/2023 160.18 103250 - MCCANN INDUSTRIES, INC.03/28/2023 03/28/2023 537.95 322710 - MID-TOWN PETROLEUM ACQUISITION LLC DBA:03/28/2023 03/28/2023 523.05 103490 - MONROE TRUCK EQUIPMENT 03/28/2023 03/28/2023 609.00 243021 - R.N.O.W., INC.03/28/2023 03/28/2023 342.13 11319 - RAYES BOILER & WELDING, LTD 03/28/2023 03/28/2023 950.00 11319 - RAYES BOILER & WELDING, LTD 03/28/2023 03/28/2023 2,000.00 104918 - STANDARD EQUIPMENT COMPANY 03/28/2023 03/28/2023 344.67 104918 - STANDARD EQUIPMENT COMPANY 03/28/2023 03/28/2023 249.04 252904 - U-HAUL 03/28/2023 03/28/2023 118.11 105395 - VERMEER MIDWEST 03/28/2023 03/28/2023 616.56 105395 - VERMEER MIDWEST 03/28/2023 03/28/2023 195.00 105395 - VERMEER MIDWEST 03/28/2023 03/28/2023 895.17 105395 - VERMEER MIDWEST 03/28/2023 03/28/2023 246.07 106333 - WEST SIDE TRACTOR SALES 03/28/2023 03/28/2023 (50.00) 106333 - WEST SIDE TRACTOR SALES 03/28/2023 03/28/2023 202.84 106333 - WEST SIDE TRACTOR SALES 03/28/2023 03/28/2023 482.28 106333 - WEST SIDE TRACTOR SALES 03/28/2023 03/28/2023 135.17 106333 - WEST SIDE TRACTOR SALES 03/28/2023 03/28/2023 248.73 105553 - WHOLESALE DIRECT INC 03/28/2023 03/28/2023 496.25 108472 - WILMETTE TRUCK & BUS SALES & SERVICE 03/28/2023 03/28/2023 599.00 Invoice Transactions 94 $34,606.88 101556 - HEART CERTIFIED AUTO CARE 03/28/2023 03/28/2023 60.00 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 237.50 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 172.50 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 218.50 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 181.50 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 769.30 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 543.56 Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 TIRE FOR WATER #954 TIRES FOR EFD #E-23 TIRE FOR WATER #954 TIRES FOR #556 STOCK FOR FLEET Account 65060 - MATER. TO MAINT. AUTOS Totals Account 65065 - TIRES & TUBES TIRE BALANCE FOR #778 TIRES FOR #725 AND 507 STOCK FOR FLEET PARTS FOR # 681 BROOM SYSTEM FOR #928B TOP LIGHTS FOR #616 SAFETY LANE INSPECTIONS MULTIPLE VEHICLES STOCK FOR FLEET PARTS FOR #867 CHIPPER FOR #867 CORE CREDIT STOCK FOR FLEET PARTS FOR #713 STOCK FOR FLEET PARTS FOR #742 FUEL FOR #453 STOCK FOR FLEET PMS FOR #938 STOCK FOR FLEET CHASSIS CAMERA REPAIRS TO #719 REPAIRS TO #622P HORN FOR #612 BRAKES FOR #328R PARTS FOR EFD #E-25 DIAGNOSTICS FOR T-23 BRAKES FOR #328R REPAIRS TO #716 COOLING SYSTEM FOR #717 HOT BOX FOR #630 PARTS FOR #501 STOCK FOR FLEET STOCK FOR FLEET STOCK FOR FLEET STOCK FOR FLEET SEAT REPAIRS #622 REPAIRS TO #717 PARTS FOR VEHICLE #17 STOCK FOR FLEET SHOP SUPPLIES STOCK FOR FLEET STOCK FOR FLEET PARTS FOR #524 STOCK FOR FLEET REPAIRS TO #612 SHOP SUPPLIES TINES FOR #561 PARTS FOR #626 STOCK FOR FLEET PARTS FOR #713 PARTS FOR #543 PARTS FOR #543A ANNUAL PM PARTS FOR #773 STOCK FOR FLEET PARTS FOR #634 PARTS FOR STOCK AND #634 PARTS FOR #635 PARTS FOR #63 REPAIRS TO #57 PARTS FOR STOCK AND #510D SCHEDULED PM HEATER HOSE FOR #132 PARTS FOR #124 SUSPENSION FOR #526 PARTS FOR #526 PARTS FOR #005 REPAIRS TO #801 STOCK FOR FLEET REPAIRS TO #132 PARTS FOR #472 DEF SYSTEM FOR #634 PARTS FOR 71B STOCK FOR FLEET PARTS FOR #773 STOCK FOR FLEET REPAIRS TO #208 PARTS FOR #719 SHOP SUPPLIES PARTS FOR #719 PARTS FOR #118 STOCK FOR FLEET STOCK FOR FLEET STOCK FOR FLEET STOCK FOR FLEET HYD SYSTEM FOR #543A PARTS FOR #719 STOCK FOR FLEET CREDIT STOCK FOR FLEET STOCK FOR FLEET STOCK FOR FLEET Account 65060 - MATER. TO MAINT. AUTOS STOCK FOR FLEET STOCK FOR FLEET STOCK FOR FLEET STOCK FOR FLEET Account 62355 - LAUNDRY/OTHER CLEANING UNIFORM CLEANING UNIFORM CLEANING UNIFORM CLEANING Account 62355 - LAUNDRY/OTHER CLEANING Totals Business Unit 7710 - FLEET MAINTENANCE Account 62245 - OTHER EQMT MAINTENANCE NATURAL GAS Account 62245 - OTHER EQMT MAINTENANCE Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 600 - FLEET SERVICES FUND Department 19 - ADMINISTRATIVE SERVICES Run by Tera Davis on 03/21/2023 01:45:51 PM Page 20 of 24 A1.Page 66 of 642 600 FLEET SERVICES FUND Vendor G/L Date Payment Date Invoice Amount Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 489.50 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 460.04 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 654.00 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 763.00 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 987.00 245860 - WENTWORTH TIRE SERVICE 03/28/2023 03/28/2023 378.50 Invoice Transactions 13 $5,914.90 19497 - GENARO LOPEZ 03/28/2023 03/28/2023 800.00 144134 - KENNETH MARCH 03/28/2023 03/28/2023 800.00 Invoice Transactions 2 $1,600.00 Invoice Transactions 113 $42,474.62 Invoice Transactions 113 $42,474.62 Invoice Transactions 113 $42,474.62 Department 19 - ADMINISTRATIVE SERVICES Totals Fund 600 - FLEET SERVICES FUND Totals 2023 TOOL ALLOWANCE Account 65085 - MINOR EQUIPMENT & TOOLS Totals Business Unit 7710 - FLEET MAINTENANCE Totals TIRES FOR #919 Account 65065 - TIRES & TUBES Totals Account 65085 - MINOR EQUIPMENT & TOOLS 2023 TOOL ALLOWANCE TIRES FOR #556 TIRES FOR #132 STOCK FOR FLEET TIRES FOR #125 STOCK FOR FLEET Run by Tera Davis on 03/21/2023 01:45:51 PM Page 21 of 24 A1.Page 67 of 642 605 INSURANCE FUND Vendor G/L Date Payment Date Invoice Amount 16209 - DENZIN SOLTANZADEH LLC 03/28/2023 03/28/2023 565.50 16209 - DENZIN SOLTANZADEH LLC 03/28/2023 03/28/2023 312.00 18834 - ELROD FRIEDMAN LLP 03/28/2023 03/28/2023 944.00 Invoice Transactions 3 $1,821.50 302984 - ELEVATED SAFETY, LLC 03/28/2023 03/28/2023 1,750.00 120288 - NORTHEASTERN ILLINOIS PUBLIC SAFETY 03/28/2023 03/28/2023 4,750.00 Invoice Transactions 2 $6,500.00 Invoice Transactions 5 $8,321.50 Invoice Transactions 5 $8,321.50 Invoice Transactions 5 $8,321.50 * = Prior Fiscal Year Activity Invoice Transactions 537 $1,492,108.28 Fund 605 - INSURANCE FUND Totals Accounts Payable by G/L Distribution Report Payment Date Range 03/28/23 - 03/28/23 Account 62310 - CITY WIDE TRAINING Totals Business Unit 7800 - RISK MANAGEMENT Totals Department 99 - NON-DEPARTMENTAL Totals Account 62130 - LEGAL SERVICES-GENERAL Totals Account 62310 - CITY WIDE TRAINING EMPLOYEE TRAINING- ELEVATED SAFETY EMPLOYEE SAFETY TRAINING Business Unit 7800 - RISK MANAGEMENT Account 62130 - LEGAL SERVICES-GENERAL REAL ESTATE AQUISITION - 1917 GREENWOOD LEGAL SERVICES - HOWARD & RICHMOND PROPERTIES LEGAL SERVICES - SPECIAL ETHICS COUNSEL CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 605 - INSURANCE FUND Department 99 - NON-DEPARTMENTAL Run by Tera Davis on 03/21/2023 01:45:51 PM Page 22 of 24 A1.Page 68 of 642 Vendor G/L Date Payment Date Invoice Amount 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 50.00 Invoice Transactions 1 $50.00 Invoice Transactions 1 $50.00 Invoice Transactions 1 $50.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 40.98 Invoice Transactions 1 $40.98 Invoice Transactions 1 $40.98 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 1 $45.00 Invoice Transactions 1 $45.00 Invoice Transactions 2 $85.98 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 2 $90.00 Invoice Transactions 2 $90.00 Invoice Transactions 2 $90.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 1 $45.00 Invoice Transactions 1 $45.00 Invoice Transactions 1 $45.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 286.84 Invoice Transactions 1 $286.84 Invoice Transactions 1 $286.84 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 1 $45.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 13.28 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 31.92 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 225.16 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 193.88 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 76.24 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 32.10 Invoice Transactions 6 $572.58 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 139.78 Invoice Transactions 1 $139.78 Invoice Transactions 8 $757.36 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 1 $45.00 Invoice Transactions 1 $45.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 3 $135.00 Invoice Transactions 3 $135.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 1 $45.00 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 69.90 Invoice Transactions 1 $69.90 Invoice Transactions 2 $114.90 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 108.60 Invoice Transactions 1 $108.60 Invoice Transactions 1 $108.60 Invoice Transactions 16 $1,447.70 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 45.00 Invoice Transactions 1 $45.00 Invoice Transactions 1 $45.00 Invoice Transactions 1 $45.00 Invoice Transactions 23 $1,763.68 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 56.40 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 179.32 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 432.92 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 78.40 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 18.48 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 202.86 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 415.24 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 425.48 104554 - SAM'S CLUB DIRECT 03/16/2023 03/16/2023 199.24 Invoice Transactions 9 $2,008.34 Invoice Transactions 9 $2,008.34 Invoice Transactions 9 $2,008.34 Invoice Transactions 9 $2,008.34 * = Prior Fiscal Year Activity Invoice Transactions 32 $3,772.02 Business Unit 1575 - PURCHASING Totals Department 15 - CITY MANAGER'S OFFICE Totals Department 22 - POLICE Business Unit 1575 - PURCHASING Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: TAMMI NUNEZ Account 62360 - MEMBERSHIP DUES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 Invoice Description Fund 100 - GENERAL FUND Department 15 - CITY MANAGER'S OFFICE Accounts Payable by G/L Distribution Report *ADVANCED CHECKS FOR PAY PERIOD ENDING 03.28.2023 FY23 Account 62360 - MEMBERSHIP DUES Totals Business Unit 2260 - OFFICE OF ADMINISTRATION Totals Department 22 - POLICE Totals Business Unit 2205 - POLICE ADMINISTRATION Totals Business Unit 2260 - OFFICE OF ADMINISTRATION Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: SHADA E. Business Unit 2205 - POLICE ADMINISTRATION Account 62490 - OTHER PROGRAM COSTS *RETIREMENT CAKE Account 62490 - OTHER PROGRAM COSTS Totals Department 24 - HEALTH Business Unit 2407 - HEALTH SERVICES ADMIN Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: NICOLA WHYTE Account 62360 - MEMBERSHIP DUES Totals Account 62360 - MEMBERSHIP DUES Totals Business Unit 2315 - FIRE SUPPRESSION Totals Department 23 - FIRE MGMT & SUPPORT Totals Department 23 - FIRE MGMT & SUPPORT Business Unit 2315 - FIRE SUPPRESSION Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: TIMOTHY M. *MEMBERSHIP: PETER CASEY Business Unit 3030 - CROWN COMMUNITY CENTER Totals Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: KEN CHERRY Business Unit 3030 - CROWN COMMUNITY CENTER Account 65025 - FOOD *ROBERT CROWN AFTER SCHOOL PROGRAM Account 65025 - FOOD Totals Business Unit 2407 - HEALTH SERVICES ADMIN Totals Department 24 - HEALTH Totals Department 30 - PARKS AND RECREATION *FJCC SNACKS/SUPPER *SENIOR LUNCH *DADDY DAUGHTER DANCE *DINNER PROGRAM Account 65025 - FOOD Totals Account 62360 - MEMBERSHIP DUES Totals Account 65025 - FOOD *FJCC SNACKS/SUPPER *SENIOR LUNCH Account 62360 - MEMBERSHIP DUES Totals Business Unit 3045 - FLEETWOOD/JOURDAIN THEATR Totals Business Unit 3055 - LEVY CENTER SENIOR SERVICES Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Totals Business Unit 3045 - FLEETWOOD/JOURDAIN THEATR Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: TIM RHOZE Account 65110 - RECREATION SUPPLIES *RECREATION SUPPLIES Account 65110 - RECREATION SUPPLIES Totals Business Unit 3055 - LEVY CENTER SENIOR SERVICES Totals Business Unit 3130 - SPECIAL RECREATION Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: LEONARD WOODSON Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: AMY KELLOGG *MEMBERSHIP: TIM CARTER *MEMBERSHIP: AUDREY THOMPSON Account 62360 - MEMBERSHIP DUES Totals Account 65110 - RECREATION SUPPLIES Totals Business Unit 3720 - CULTURAL ARTS PROGRAMS Totals Department 30 - PARKS AND RECREATION Totals Business Unit 3130 - SPECIAL RECREATION Totals Business Unit 3720 - CULTURAL ARTS PROGRAMS Account 65110 - RECREATION SUPPLIES *SUPPLIES: ART OPENING Account 62360 - MEMBERSHIP DUES Totals Account 65025 - FOOD *SPECIAL OLYMPICS BASKETBALL Account 65025 - FOOD Totals Business Unit 4105 - PUBLIC WORKS AGENCY ADMIN Totals Department 40 - PUBLIC WORKS AGENCY Totals Fund 100 - GENERAL FUND Totals Department 40 - PUBLIC WORKS AGENCY Business Unit 4105 - PUBLIC WORKS AGENCY ADMIN Account 62360 - MEMBERSHIP DUES *MEMBERSHIP: PAULINA ALBAZI Account 62360 - MEMBERSHIP DUES Totals Department 21 - COMMUNITY DEVELOPMENT Business Unit 5226 - CDBG-CV Account 63045 - SUMMER YOUTH EMPLOYMENT *GIBBS DROP IN FOOD SUPPLY *GIBBS DROP IN FOOD SUPPLY Fund 215 - CDBG FUND Department 21 - COMMUNITY DEVELOPMENT Totals Fund 215 - CDBG FUND Totals *ROBERT CROWN DROP IN *COMMUNITY YOUTH EVENT Account 63045 - SUMMER YOUTH EMPLOYMENT Totals Business Unit 5226 - CDBG-CV Totals *COMMUNITY YOUTH EVENT *ROBERT CROWN DROP IN *GIBBS DROP IN FOOD SUPPLY *GIBBS DROP IN FOOD SUPPLY *COMMUNITY YOUTH EVENT Run by Tera Davis on 03/22/2023 09:43:48 AM Page 23 of 24 A1.Page 69 of 642 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT INSURANCE VARIOUS VARIOUS WORKERS COMP 9,851.64 VARIOUS VARIOUS WORKERS COMP 11,179.53 21,031.17 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS FEBRUARY, 2023 14,721.50 14,721.50 35,752.67 Grand Total 1,531,820.11 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.28.2023 FY23 SUPPLEMENTAL LIST ACH AND WIRE TRANSFERS Page 24 of 24 A1.Page 70 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sarah Flax, Interim Director of Community Development CC: Gary Gerdes, Interim Building and Inspection Services Manager Liz Williams, Planning Manager Linnea Latimer, Management Analyst Subject: Approval of Professional Services Agreement Extension with SAFEbuilt, Inc., for Supplemental Plan Review and Inspection Services Date: March 27, 2023 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one -year extension to the Professional Services Agreement with SAFEbuilt for supplemental plan review and inspection services from April 1, 2023, to March 31, 2024. The extension agreement includes project plan review services for Northwestern University’s Ryan Field Stadium and adds zoning and fire plan review services. Funding Source: Funding is provided from Building & Inspection Services Division’s Plumbing , Electrical, Plan Review Services account #100.2126.21.62464 which has a budget of $50,000. Council Action: For Action Summary: SAFEbuilt provides supplemental plan review and inspection services in order to provide flexibility based on the level of demand from building contractors and developers. The service allows staff to control costs during winter months and provide timely plan review and inspection services during peak construction season. Additionally, SAFEbuilt staff can temporarily fill positions during vacancies and for sick or vacation leave for full-time City staff. The two-year SAFEbuilt agreement allowed for three one-year options to renew. The city has extended the agreement twice, and this would be the third and final extension. Services would be secured until March 31, 2024. A2.Page 71 of 642 Inspection and plan review services include a 4% increase in the hourly fee charged based on the Consumer Price Index. Inspection services will be at $83.12 per hour, and plan review services will be at $84.17 per hour. The extension agreement adds a Service Fee Schedule for Planning & Zoning and Fire Plan Review Services. These services would be on an as-needed basis. The extension agreement also adds a Project Plan Review Services Fee Schedule for the Northwestern University Stadium Project. Due to the size and scope of the project, the plan review will be by Safebuilt with city staff oversight. The cost of the stadium review is not an expense to the city, as it will be paid by Northwestern University through the project’s plan review and permit fees. Based on an estimated construction valuation, the project’s permit fee will be $11.6 mi llion, of which $357,000 is for plan review. Legislative History: In 2013, the City of Evanston along with the Villages of Glenview, Kenilworth, Wilmette and Winnetka hired SAFEbuilt through a Request for Proposal in order to realize cost savings through a joint purchase. Each Municipality signed an individual agreement with the vendor with a different contract commencement and completion dates. The City’s contract expired March 30, 2016. The City, along with eleven additional communities, re-bid for services, which was again awarded to SAFEbuilt after a thorough review of responding vendors. The agreement (attached) was executed in January 2019. As stated, this agreement will be the final extension year of the current agreement. Attachments: Professional Services Agreement - SAFEbuilt (1) Fourth Amend to Professional Services Agreement - Safebuilt (1) (1) Page 2 of 18 A2.Page 72 of 642 CITY OF EVANSTON PROFESSIONALsenvrcesAGREEMENT The parties referenced herein desire to enter Into an agreement for professionalservicesfor Cityof Evanstan -Backup Inspection and Plan Review Services THIS AGREEMENT(hereinafter referred to as the "Agreement")entered into this __day of l 20_\1_.between the City of Evanston,an Illinoismunicipalcorporationwithceslocatedat2100RidgeAvenue,EvanstonIllinois60201 (hereinafterreferredtoasthe'Clty').and Safebullt Illinois,LLC.with ot?ces located at 3755 PrecisionDriveSuite140Loveland,CO 80538 (hereina?er referred to as the "Vendor").Compensation for all basic Services (“the Services’)provided by the Vendorpursuant to thetermsofthisAgreementshallnotexceed$100,000. I.COMMENCEMENTDATE Vendor shall commence the Services on April 1,2013or no laterthanthree(3)DAYS AFTER City executes and delivers thisAgreementtoVendor. ll.COMPLETIONDATE Vendor shall complete the Services by Margh 31,2021.The parties may agree toextendthisAgreementafterthecompletiondateforthree(3)one (1)year renewalsonlyuponwrittenagreementbybothparties Ill.PAYMENTS City shall pay Vendor those fees as provided here:Payment shall be madeuponthecompletionofeachtaskforaproject,as set forth in Exhibit A — Project Milestones and Deliverables.Any expenses In addition to those setforthheremustbespeci?cally approved by the City In writing In advance. IV.DESCRIPTIONOF SERVICES '5! *Page 6 of 17Page 3 of 18A2.Page 73 of 642 uimif“_ _w_.._...Mn a,.__1..-"..".H- @:, ? ¢_ _w M...w. g x __hr= x _x:_.“EI Vendor shall perform the services (the "Services')set forth here:Services are those as de?ned in Joint Request for Proposal Number 218023 issued by the \/illage of Glenview (Exhibit B)and Vendor's Response to the Proposal (Exhibit C).Services may include,if any.other documented discussions and agreements regarding scope of work and cost (Exhibit D). GENERAL PROVISIONS A.Services.Vendor shall perform the Services in a professional and workmanlike manner.All Services performed and documentation (regardless of fonnat)provided by Vendor shall be In accordance with the standards of reasonable care and skill of the profession.free from errors or omissions.ambiguities, coordination problems.and other defects.Vendor shall take into account any and all applicable plans andlor speci?cations furnished by City,or by others at City's direction or request,to Vendor during the tenn of this Agreement.All materials. buildings,structures,or equipment designed or selected by Vendor shall be workable and ?t for the intended use thereof,and will comply with all applicable governmental requirements.Vendor shall require its employees to observe the working hours, rules,security regulations and holiday schedules of City while working and to perfonn its Services in a manner which does not unreasonably interfere with the City's business~and operations.or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Vendor shall take all necessary precautions to assure the safety of its employees who are engaged in the perfonnance of the Services,all equipment and supplies used in connection therewith,and all property of City or other parties that may be affected in connection therewith.If requested by City,Vendor shall promptly replace any employee or agent performing the Services if,in the opinion of the City.the perfonnance of the employee or agent is unsatisfactory. Vendor is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Vendor is an independent Vendor and is solely responsible for all taxes. withholdings,and other statutory or contractual obligations of any sort,including but not limited to,Worker’s Compensation insurance.Nothing in this Agreement accords any third-party bene?ciary rights whatsoever to any non-party to this Agreement that any may compliance with this Agreement.the City may void this Agreement.The VendorwarrantsandstatesthatithasreadtheContractDocuments.and agrees to beboundthereby,including all performance guarantees as respects Vendor's work andallindemnityandinsurancerequirements.The Vendor shall obtain prior approval from the City prior to subcontractingwithanyentityorpersontoperformanyoftheworkrequiredunderthisAgreement.IftheVendorsubcontractsanyoftheservicestobeperformedunderthisAgreement,the subvendor agreement shall provide that the services to be perfonned under anysuchagreementshallnotbesublet,sold,transferred.assigned or otherwisedisposedoftoanotherentityorpersonwithouttheCity's prior written consent.TheVendorshallberesponsiblefortheaccuracyFndqualityofanysubvendorswork.Page 7 of 17Page 4 of 18A2.Page 74 of 642 as".¢?.m..._.....a.¢"'“4'-'-*-"""*5.‘:t &j.7:.~'-iii‘H :1“-I: ..u-nu}-In‘:-Than-ind:“ x':Q ‘I (’ 3.-u""‘%';$'u?&'§«"""“‘.2v“$. All subvendor agreements shall include verbatim or by reference the provisions In this Agreement binding upon Vendor as to all Services provided by this Agreement,such that it is binding upon each and every subvendor that does work or provides Services under this Agreement. The Vendor shall cooperate fully with the City,other City contractors,other municipalities and local government officials,public utility companies.and others,as may be directed by the City.This shall include attendance at meetings,discussions and hearings as requested by the City.This cooperation shall extend to any investigation,hearings or meetings convened or instituted by OSHA relative to this Project,as necessary.Vendor shall cooperate with the City in scheduling and performing its Work to avoid conflict,delay in or interference with the work of others. if any,at the Project. Except as othen/vise provided herein.the nature and scope of Services speci?ed in this Agreement may only be modified by a writing approved by both parties.This Agreement may be modi?ed or amended from time to time provided, however.that no such amendment or modi?cation shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B.Representation and Warranties.Vendor represents and warrants that:(1) Vendor possesses and will keep in force all required licenses to perform the Services.(2)the employees of Vendor perfonning the Services are fully quali?ed. licensed as required.and skilled to perfonn the Services. C.Termination.City and Vendor may,at any time,with or without cause, tenninate this Agreement upon seven (7)days written notice to Vendor.If the City terminates this agreement.the City will make payment to Vendor for Services performed prior to termination.Payments made by the City pursuant to this Agreement are subject to suf?cient appropriations made by the City of Evanston City Council.In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council,the City's obligations hereunder shall cease and right terminate this Agreement without prior written notice.Within thirty (30)days oftenninationofthisAgreement,the Vendor shall turn over to the City any documents.drafts.and materials.including but not limited to,outstanding work product.data,studies,test results,source documents,AutoCad Version 2007,PDF,Art\fIew.Word,Excel spreadsheets.technical speci?cations and calculations.and any other suchitemsspeci?cally identi?edby the City related to the Services herein.D.independent Vendor.Vendor's status shall be that of an independent Vendorandnotthatofaservant,agent.or employee of City.Vendor shall not hold Vendorout.nor claim to be acting,as a servant,agent or employee of City.Vendor is notauthorizedto,and shall not.make or undertake any agreement,understanding,waiver or representation on behalf of City.Vendor shall at its own expense complywithallapplicableworkerscompensation,unemployment insurance.employer'sliability,tax withholding.minimumwage and llour.and other federal.state.countyandmunicipallaws.ordinances.rules,regulations and orders.Vendor agrees toPage 8 of 17Page 5 of 18A2.Page 75 of 642 :—A_ :'_O n F" "“=i.,-"¥L 11 __ ‘ ‘'-‘WI3»,Tm abide by the Occupational Safety &Health Act of 1970 (OSHA).and as the same may be amended from time to time,applicable state and municipal safety and health laws and all regulations pursuant thereto. E.Con?ict of Interest.Vendor represents and warrants that no prior or present services provided by Vendor to third parties con?ict with the interests of City In respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Vendor to City and consented to in writing to City. F.Ownership of Documents and Other Materials.All originals,duplicates and negatives of all plans,drawings,reports,photographs,charts.programs,models, specimens,speci?cations.AutoCad Version 2007,Excel spreadsheets,PDF,and other documents or materials required to be furnished by Vendor hereunder,including drafts and reproduction copies thereof,shall be and remain the exclusive property of City.and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty,charge,or other compensation to Vendor.Upon the termination of this Agreement,or upon request of City,during any stage of the Services, Vendor shall promptly deliver all such materials to City.Vendor shall not publish, transfer,license or,except in connection with carrying out obligations under this Agreement,use or reuse all or any part of such reports and other documents,including working pagesrwithout theprior written approval of City,provided,however,that Vendor may retain copies of the same for Vendor's own general reference. Except as expressly provided in this Agreement,City shall retain ownership of all work product and deliverables created by Vendor pursuant to this Agreement and all records, documents,notes,data and other materials required for or resulting from the performance of Services hereunder shall not be used by Vendor for any purpose other than the performance of Services hereunder without the express prior written consent of City.All such records,documents,notes,data and other materials shall become the exclusive property of City when Vendor has been compensated for the same as set forth herein,and City shall thereafter retain sole and exclusive rights to receive and use such materials in such manner and for such purposes as determined by it.Notwithstanding the preceding,Vendor may use the work product.deliverables,applications,records, documents and other materials require for or resulting from the Services,all solely in anonymized form,for purposes of (i)benchmarking of City's and others performance improvements to the Services.For the avoidance of doubt,City Data willbe provided tothirdpartiesonlyonananonymizedbasisandonlyaspartofalargerbodyofanonymizeddata.If this Agreement expires or is terminated for any reason,all records,documents,notes.data and other materials maintained or stored in Vendor’s secureproprietarysoftwarepertainingtoCitywillbeexportedintoaCSV?le and becomepropertyofCity.Notwithstanding the preceding,Vendor shall own all rights and title toanyVendorprovidedsoftwareandanyimprovementsorderivativeworksthereof.Upon reasonable prior written notice,City and its duly authorized representatives shallhaveaccesstoanybooks,documents.papers and records of Vendor that are related tothisAgreementforthepurposesofauditorexamination,other than Vendor's ?nancialrecords,and may make excerpts and transcriptions of the same at the cost and expenseofCity.Page 9 of 17Page 6 of 18A2.Page 76 of 642 »_ _. *7 H_..m Parties acknowledge that Vendor requires access to Records In order for Vendor to perform its obligations under this Agreement.Accordingly.City will either provide to Vendor on a daily basis such data from the Records as Vendor may reasonably request (in an agreed electronic format)or grant Vendor access to its Records and Record management systems so that Vendor may download such data.Data provided to or downloaded by Vendor pursuant to this Section shall be used by Vendor solely in accordance with the terms of this Agreement. G.Payment.invoices for payment shall be submitted by Vendor to City at the address set forth above,together with reasonable supporting documentation.City may require such additional supporting documentation as City reasonably deems necessary or desirable.Payment shall be made in accordance with the IllinoisLocal Government Prompt Payment Act,after City's receipt of an invoice and all such supporting documentation. H.Right to Audit.Vendor shall for a period of three years following perfonnance of the Services,keep and make available for the inspection,examination and audit by City or City’s authorized employees.agents or representatives.at all reasonable time.all records respecting the services and expenses incurred by Vendor,including without limitation,all book,accounts,memoranda,receipts,ledgers,nceled checks.and any other documents indicating.documenting.verifying or substantiating the cost and appropriateness of any and all expenses.if any invoice submitted by Vendor is found to have been overstated.Vendor shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law,and shall reimburse all of City's expenses for and in connection with the audit respecting such invoice. l.Indemnity.Vendor shall defend,indemnify and hold harmless the City and its of?cers,elected and appointed of?cials,agents,and employees from any and all liability,losses,or damages as a result of third party claims,demands,suits,actions, or proceedings of any kind or nature.including but not limited to costs,and fees, including attorney's fees.judgments or settlements.resulting from or arising out of any negligent or willful act or omission on the part of the Vendor or Vendor's any insurance coverage herein provided.This provision shall survive completion,expiration.or tennination of this Agreement.Nothing contained herein shall be construed as prohibiting the City,or itsof?cers.agents,or employees,from defending through the selection and use of theirownagents,attorneys,and experts,any claims,actions or suits brought againstthem.The Vendor shall be liable for the costs.fees,and expenses incurred in thedefenseofanysuchthirdpartyclaims,actions,or suits arising out of any negligent orwillfulactoromissiononthepartoftheVendor.Nothing herein shall be construed asalimitationorwaiverofdefensesavailabletotheCityandemployeesandagents.including but not limited to the liiinols Local Governmental and GovernmentalEmployeesTortimmunityAct.745 ILCS 10/1-101 et seq.At the City Corporaton Counsel's option,Vendor must defend all suits broughtPage 10 of 17Page 7 of 18A2.Page 77 of 642 upon all such Losses and must pay all costs and expenses incidental to them.but the City has the right,at its option.to participate,at its own cost.in the defense of any suit.without relieving Vendor of any of its obligations under this Agreement Any settlement of any claim or suit related to this Agreement by Vendor must be made only with the prior written consent of the City Corporation Counsel.if the settlement requires any action on the part of the City. To the extent permissible by law.Vendor waives any limits to the amount of its obligations to indemnify,defend.or contribute to any sums due under any Losses. including any claim by any employee of Vendor that may be subject to the Illinois Workers Compensation Act.820 ILCS 305/1 et seq.or any other related law or judicial decision.including but not limited to.Kotecki v.Cyclops Welding Corporation, 146 ill.2d 155 (1991).The City.however.does not waive any limitations it may have on its liabilityunder the IllinoisWorkers Compensation Act,the Illinois Pension Code or any other statute. Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission. neglect,or misconduct in the performance of its Work or its subvendors'work. Acceptance of the work by the City will not relieve the Vendor of the responsibility for ubsequent correction of any—such error omissions and/or negligent acts or of its liability for loss or damage resulting therefrom.All provisions of this Section shall survive completion.expiration.or tenninationof this Agreement. J.Insurance.Vendor shall rry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below)during the term of this Agreement,for damages caused or contributed to by Vendor.and insuring Vendor against claims which may arise out of or result from Vendor's performance or failure to perform the Services hereunder:(1)worker's compensation in statutory limits and employers liability insurance in the amount of at least $500,000.(2) comprehensive general liabilitycoverage.and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury.death and combined single limitfor bodily injury.death or property damage.per occurrence,and(4)errors and omissions or professional liabilityinsurance respecting any insurableprofessionalserviceshereunderintheamountofatleast$1,000,000.Vendor shallgivetotheCitycerti?cates of insurance for all Services done pursuant to thisAgreementbeforeVendorperformsanyServices.and,if requested by City.certi?edcopiesofthepoliciesofinsuranceevidencingthecoverageandamountssetforthinthisSection.The City may also require Vendor to provide copies of the AdditionalinsuredEndorsementtosaidpolicy(ies)which name the City as an AdditionalinsuredforallofVendorsServicesandworkunderthisAgreementAnylimitationsormodificationonthecerti?cate of insurance issued to the City in compliance withthisSectionthatcon?ict with the provisions of this Section shall have no force andeffect.Vendor's certi?cate of insurance shall contain a provision that the coverageaffordedunderthepolicy(s)will not be canceled or reduced withoutthirty (30)dayspriorwrittennotice(hand delivered or registered mail)tclCity.Vendor understandsthatheacceptanceofcerti?cates.policies and any other documents by the City in noPage 11 of 17Page 8 of 18A2.Page 78 of 642 ..::E.g :.a..ll!:2Lab: _ E __F ‘ way releases the Vendor and its subcontractors fron1 the requirements set forth herein.Vendor expressly agrees to waive its rights.bene?ts and entitlements under the ‘Other Insurance"clause of its commercial general liability insurance policy as respects the City.In the event Vendor falls to purchase or procure insurance as required above.the parties expressly agree that Vendor shall be in default under this Agreement.and that the City may recover all losses.attomey’s fees and costs expended in pursuing a remedy or reimbursement,at law or in equity.against Vendor. Vendor acknowledges and agrees that if it fails to comply with all requirements of this Section.that the City may void this Agreement. K.Con?dentiality.In connection with this Agreement,City may provide Vendor with infonnation to enable Vendor to render the Services hereunder.or Vendor may develop con?dential lnfonnation for City.Vendor agrees (i)to treat.and to obligate Vendor's employees to treat.as secret and con?dentialall such informationwhether or not identi?ed by City as con?dential,(ii)not to disclose any such infonnation or make available any reports,recommendations and /or conclusions which Vendor may make for City to any person.?rm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval.and (iii)not to disclose to City any lnfonnation obtained by Vendor on a con?dential basis from any third party unless Vendor shall have first received written pennission from such third party to disclose such lnfonnation. Pursuant to the IllinoisFreedom of InformationAct,5 ILCS 140/7(2),records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure withinlimited statutory timeframes (?ve (5)working days with a possible ?ve (5)working day extension).Upon noti?cation from the City that it has received a Freedom of lnfonnation Act request that calls for records within the Vendor's control,the Vendor shall promptly provide all requested records to the City so that the City may comply with the request within the required tlmeframe.The City and the Vendor shall cooperate to determine what records are subject to such a request and whether or the City's exceptions to disclosing certain records which Vendor may designate asproprietaryorcon?dential.Compliance by the City with an opinion or a directive fromtheIllinoisPublicAccessCounselorortheAttorneyGeneralunderFOIA,or with adecisionororderofCourtwithjurisdictionovertheCity,shall not be a violationof thisSection.L.Use of City's Name or Picture of Property.Vendor shall not in the courseofperfonnanceofthisAgreementorthereafteruseorpermittheuseofCity's namenorthenameofanyaf?liate of City.nor any picture of or reference to its Services inanyadvertising.promotional or other materials prepared by or on behalf of Vendor.nor disclose or transmit the same to any other party.M.No Assignments or subcontracts.Vendor shall not assign or subcontractallorallypartoritsrightsorobligationshereunderwithoutity's express prior writtenapproval.Any attempt to do so withoutthe City's prior con ent shall.at City's option.Page 12 of 17Page 9 of 18A2.Page 79 of 642 é.£;~2€;;.,-;:;;%=-;:”- —;_=i.%-4-w.<q*‘ ‘an I It --.."-.2-'~;"'-"'5’:F'~'-= 5:5.in-tjxmh?I‘imam.“=__::n_a:lua:a-nda§':g§ .uuu.u..a§’x;‘.fTi'?‘.“;".§.§.'.:a"' D1? be null and void and of no force or effect whatsoever.Vendor shall not employ, contract with.or use the services of any other architect.interior designer,engineer. vendor special contractor.or other third party in connection with the performance of the Services without the prior written consent of City. N.Compliance with Applicable Statutes,Ordinances and Regulations.In performing the Services.Vendor shall comply with all applicable federal.state. county.and municipal statutes,ordinances and regulations.at Vendor's sole cost and expense,except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons.the City may conduct at its own expense,criminal and driver history background checks of Vendors officers.employees,subcontractors.or agents.Vendor shall immediately reassign any such individual who in the opinion of the City does not pass the background check. 0.Liens and Encumbrances.Vendor,for itself.and on behalf of all subcontractors.suppliers,materialmen and others claiming by.through or under Vendor.hereby waives and releases any and all statutory or common law mechanics‘ materialmens‘or other such lien claims.or rights to place a lien upon City property or any improvements thereon in connection with any Services perfonned under or In connection with this Agreement.Vendor further agrees..as and to the.extent of payment made hereunder,to execute a sworn affidavit respecting the payment and lien releases of all subcontractors.suppliers and materialmen.and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City.Vendor shall protect City from all liens for labor perfonned. material supplied or used by Vendor and/or any other person in connection with the Services undertaken by vendor hereunder,and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subvendor.supplier or materialmen,or other person.?nn or corporation.upon City property or any improvements thereon.by reason or any claim or demand against Vendor or otherwise in connection with the Services. P.Notices.Every notice or other communication to be given by either party to or Statescerti?ed or registered mail.postage prepaid.addressed if to City as follows:City ofEvanston.2100 Ridge Avenue,Evanston.Illinois 60201.Attention:PurchasingDivisionandtoVendorattheaddress?rsl above set forth.or at such other addressoraddressesasCityorVendormayfromtimetotimedesignatebynoticegivenasaboveprovided.Q.Attorney's Fees.in the event that the City commences any action.suit.orotherproceedingtoremedy.prevent,or obtain relief from a breach of this AgreementbyVendor.or arising out of a breach of this Agreement by Vendor.the City shallrecoverfromtheVendoraspartofthejudgmentagainstVendor.its attomeys'feesandcostsincurredineachandeverysuchaction,suit.or other proceeding.R.Waiver.Any failure or delay by City to enforce the provisions of thisAgreementshallinnowayconstitteawaiverbyCityofanycontractualrighthereunder,unless such waiver is in riting and signed by City.Page 13 of 17Page 10 of 18A2.Page 80 of 642 VI. 8.Severabiiity.in the event that any provision of this Agreement should be held void.or unenforceable,the remaining portions hereof shall remain in full force and effect. T.Choice of Law.The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois.Venue for any action arising out or due to this Agreement shall be in Cook County,Illinois.The City shall not enter into binding arbitration to resolve any dispute under this Agreement The City does not waive tort immunity by entering into this Agreement. U.Time.Vendor agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement.Vendor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved,unless otherwisedirected by the City. V.Survival.Except as expressly provided to the contrary herein,all provisions of this Agreement shall survive all performances hereunder including the termination of the Vendor. W.Soiicitationl?iring of Vendor's Employees.During the tenn of this Agreement and for one year thereafter,City shall not solicit.recruit or knowinglyhire, or attempt to solicit,recruit or knowingly hire,any employee or former employee of Vendor who provided services to City pursuant to this Agreement ("Service Providers”),or who interacted with City in connection with the provision of such services (including but not limitedto supervisors or managers of Senrice Providers, customer relations personnel,accounting personnel,and other support personnel of Vendor).Parties agree that this provision is reasonable and necessary in order to preserve and protect Vendor's trade secrets and other con?dential information,its investment in the training of its employees,the stability of its workforce,and its ability to provide competitive building department programs in this market.if any provision of this section is found by a court or arbitrator to be overly broad,unreasonable in scope or otherwise unenforceable,Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable.In the event that City knowingly hires any such employee during the speci?ed period,City shall pay to Vendor a placement fee equal to 25%of the EQUAL EMPLOYMENTOPPORTUNITYIntheeventoftheVendor's noncompliance with any provision of Section 1-12-5 oftheEvanstonCityCode,the Illinois Human Rights Act or any other applicable law.the Vendor may be declared nonresponsible and therefore ineligible for futurecontractsorsubcontractswiththeCity,and the contract may be cancelled or voidedinwholeorinpart,and such other sanctions or penalties may be imposed orremediesinvokedasprovidedbystatuteorregulation.During the performance of the contract,the Vendor agrees as follows:Page 14 of 17Page 11 of 18A2.Page 81 of 642 VII. VIII. A.That it will not discriminate against any employee or applicant for employment because of race.color.religion,sex,sexual orientation,marital status.national origin or ancestry,or age or physical or mental disabilities that do not impair ability to work. and further that It will examine all job classi?cations to determine if minority persons or women are underutilized and willtake appropriate af?rrnatlve action to rectify any such underutllization.Vendor shall comply with all requirements of City of Evanston Code Section 1-12-5. B.That,in all solicitations or advertisements for employees placed by it on its behalf,it will state that all applicants will be afforded equal opportunity without discrimination because of race,color,religion,sex.sexual orientation,marital status, national origin,ancestry,or disability. SEXUAL HARASSMENTPOLICY The Vendor certi?es pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et.seq.),that it has a written sexual harassment policy that includes,at a minimum. the following infonnation: A.The illegalityof sexual harassment; The de?nition of sexual harassment under State law;3 C.A description of sexual harassment utilizingexamples; D The Vendor's internal complaint process including penalties; E.Legal recourse,investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission,and directions on how to contact both;and F.Protection against retaliation as provided to the Department of Human Rights. VENDOR CERTIFICATIONS may void this Agreement.B.Vendor certi?es that it and its employees willcomply with applicable provisionsoftheU.S.Civil Rights Act,Section 504 of the Federal Rehabilitation Act,theAmericanswithDisabilitiesAct(42 U.S.C.Section 1201 et seq.)and applicable rulesinperfonnanceunderthisAgreement.C.If Vendor.or any of?cer.director,partner,or other managerial agent ofVendor,has been convicted of a felony under the Sarbanes-Oxley Act of 2002,or aClass3orClass2felonyundertheIllinoisSecuritiesLawof1953,Vendor certi?esatleast?ve years have passed since the date of the conviction.Page 15 of 17Page 12 of 18A2.Page 82 of 642 ~r:;:-._._.,.L .=:'5,;:.....?,,1_..%- E .= E —D ‘a |.’‘‘H-T w IX. D.Vendor certi?es that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S.,nor made any admission of guilt of such conduct that is a matter of record.(720 ILCS 5/33 E—3,E-4). E.in accordance with the Steel Products Procurement Act,Vendor certi?es steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S.unless the City grants an exemption. F.Vendor certi?es that it is properly formed and existing legal entity.and as applicable.has obtained an assumed name certi?cate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the IllinoisSecretary of State. G.If more favorable tenns are granted by Vendor to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar ?nancial tenns and circumstances for comparable supplies or services,the more favorable terms shall be applicable under this Agreement. H.Vendor certi?es that it is not delinquent in the payment of any fees,?nes.damages.or debts to the City of Evanston. INTEGRATION This Agreement,together with Exhibits A.B,C.and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein.There are no covenants.promises,agreements,conditions or understandings between the parties.either oral or written,other than those contained in this Agreement.This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein.No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement.and any Exhibits.this Agreement shall control over the Exhibits.In no event shall any proposal or contract form submitted by Vendor be part of this Agreement unless agreed to in a writing signed Agreement and Eidtiblts hereto shall be part hereof.Page 16 of 17Page 13 of 18A2.Page 83 of 642 IN WITNESS WHEREOF,the p ar ti es heretohaveeachapprovedandexecutedthis Agreement on the day,month and ?rstabovewritten. VENDOR:CITYOFEVANSTON 2100RIDGEAVENUE /EVANSTO N, IL60201 By By: "5;Thomas P.Vt?lkas,CFO “S;cmMan?ggr FEIN Number:45-234042 Date: page;December 28,2018 gp pr ov ed asto / Miche lle L.'Mas Corpor ation C ‘I In rn"Page 17 of 17Page 14 of 18A2.Page 84 of 642 FOURTH AMENDMENT to PROFESSIONAL SERVICES AGREEMENT THIS FOURTH AMENDMENT OF THE PROFESSIONAL SERVICES AGREEMENT (this “Amendment”) is made as of the _______ day of February, 2023, by and between THE CITY OF EVANSTON, an Illinois municipal corporation (hereinafter referred to as “City”) and SAFEBUILT ILLINOIS, LLC (hereinafter referred to as “Vendor”). The City and Vendor shall be referred to collectively as the “Parties”. WITNESSETH WHEREAS, the City and Vendor entered into a Professional Services Agreement dated January 16, 2019 (the “Agreement”) (the terms and conditions of which are incorporated herein as Exhibit “A”) to provide support plan review and building inspection services to the City whenever the need for such additional support services arises (the “Services”); and WHEREAS, the City and Vendor implemented First Amendment on January 21, 2021 to amend the term of the Agreement and provide for an extension of the service agreement to March 31, 2022 and implement a fee increase provided for in Exhibit A, Section III of Agreement; WHEREAS, the City and Vendor implemented Second Amendment on March 23, 2022 to amend the term of the Agreement and provide for an extension of the service agreement to March 31, 2023 and implement a fee increase provided for in Exhibit A, Section III of Agreement; WHEREAS, the City and Vendor implemented Third Amendment on July 22, 2022 to add Right of Way Permitting Services Technician and associated fee to Section IV. Description of Services and Exhibit A. Section III. Fees of Agreement; WHEREAS, the City and Vendor seek to amend the Agreement to provide for an extension of the Agreement term to March 31, 2024; and to add As-Requested Planning and Zoning Services, As- Requested Fire Plan Review Services and Project Plan Review Services for the Northwestern University Stadium Project along with associated fees to Section IV. Description of Services and Exhibit A. Section III. Fees of Agreement; NOW THEREFORE, in consideration of the mutual observance of the covenants, conditions and promises set forth below and the parties agree as follows: I. AGREEMENT IN FULL FORCE AND EFFECT: DEFINITIONS The Parties acknowledge and agree that this Amendment shall supercede, control and be deemed to modify the terms of the Agreement. In the event of any conflict between the terms and conditions of this Amendment and the terms of the Agreement, the parties unconditionally agree that the terms and conditions of this Amendment shall supercede, prevail and dictate. Any term or condition of the Agreement not addressed within this Amendment remain in full force and effect. The above-referenced recitals and incorporated herein. Page 15 of 18 A2.Page 85 of 642 II. TERM Section II of the Agreement allows for three (3) one (1) year renewals upon written agreement of both parties. Parties desire to exercise the third renewal option and extend completion date for a period of one (1) year: II. COMPLETION DATE: March 31, 2024 III. DESCRIPTION OF SERVICES Vendor will perform Project Plan Review Services for the Northwestern University Stadium Project located at 1501 Central Avenue, Evanston, IL 60208. Vendor will perform Planning and Zoning Services on an as-requested basis: As-Requested Planning & Zoning Consultation Services  Review of Building Permits for Zoning Code compliance  Review of zoning applications and site plans  Preparation of staff reports and recommendations to planning commission and elected officials  Training programs for Planning Commission and Appeals Board  Preparation of zoning code amendments  Updates to the zoning code and other land development regulations  Preparation of new master plan  Preparation of special studies (subarea plans, corridor studies, etc.) Vendor will perform Fire Plan Review Services on an as-requested basis: As-Requested Fire Plan Review Services  Fire suppression, sprinkler, alarm system, fire access and hazmat storage plan review  Accept and perform plan review electronically, as well as in traditional paper format  Review plans for compliance adopted fire codes, local amendments and ordinances  Coordinate review with applicable departments and local fire districts/authorities  Address substantial issues by comment and corrections in writing  Return a set of finalized plans and all supporting documentation  Review all revisions and be available for consultation after review is completed IV. EXHIBIT A. SECTION III. FEES Section III. Fees allows for a fee increase based on the Consumer Price Index as described below: Beginning January 01, 2020 and annually thereafter, the hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality the CPI for cities of a Page 16 of 18 A2.Page 86 of 642 similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. Service Fee Schedule shall be replaced with and read in its entirety as follows: Service Fee Schedule: Inspection Services • Building, Mechanical, Electrical, Plumbing $83.12 per hour – one (1) hour minimum Plan Review Services • Commercial, Multi-Family, Single-Family • Mechanical, Electrical, Plumbing $84.17 per hour – one (1) hour minimum Expedited Plan Review Fee $125.24 per hour – one (1) hour minimum Structural Engineering Plan Review Fee $125.24 per hour – one (1) hour minimum Fire Plan Review Services $110.00 per hour – one (1) hour minimum After Hours/Emergency Inspection Services $113.86 per hour – two (2) hour minimum Non-Permitted Activity (by request only) $85.38 per hour – one (1) hour minimum Investigative Services (by request only) $85.38 per hour – one (1) hour minimum Right of Way Permitting Services Technician $78.00 per hour – one (1) hour minimum Planning & Zoning Services Fee Table: Principal Planner $180.00 per hour – one (1) hour minimum Planning Manager $165.00 per hour – one (1) hour minimum Senior Planner $150.00 per hour – one (1) hour minimum Associate Planner $125.00 per hour – one (1) hour minimum Assistant Planner $ 90.00 per hour – one (1) hour minimum Planning Technician $ 75.00 per hour – one (1) hour minimum Assignment of appropriate staff level will be determined by SAFEbuilt and City COE Planning Manager prior to services being rendered. Project Plan Review Services Fee Schedule for the Northwestern University Stadium Project located at 1501 Central Avenue, Evanston, IL 60208. Plan Review Fee shall be: Commercial Plan Review Services • Initial plan review • Up-to two (2) re-reviews Includes up to three (3) reviews for each trade (Building, Mechanical, Electrical, Plumbing) for a total of twelve (12) reviews. $140,000.00 Additional Plan Review – Commercial • After two (2) re-reviews • Revisions to previously reviewed plans $105.00 per hour – one (1) hour minimum per day Expedited Plan Review Services 1.5x ‘Remote Plan Review Services’ fee schedule Page 17 of 18 A2.Page 87 of 642 Licensed Engineering Plan Review $135.00 per hour – two (2) hour minimum per day Review of changes to approved plans $105.00 per hour – one (1) hour minimum per day Each Party will pay one-way shipping costs Municipality pays to ship plans to Consultant Consultant pays to ship plans to Municipality V. COUNTERPARTS This Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. For purposes of this Amendment, facsimile and scanned signatures shall be considered the same as original signatures and shall be treated as valid and binding upon the parties hereto, provided, however the parties shall exchange original signature pages as reasonably promptly following execution hereof. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. CITY OF EVANSTON SAFEbuilt Illinois, LLC an Illinois municipal corporation a Illinois corporation By: By: Print Name: _______________ Print Name: ______________ Its: City Manager Its: _________________ Date: Date: ________________ Gary Amato CAO February 14, 2023 Page 18 of 18 A2.Page 88 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sat Nagar, Senior Project Manager CC: Edgar Cano - Public Works Agency Director; Lara Biggs - City Engineer Subject: Approval of a Contract with Pan Oceanic Engineering Co. for the Green Bay Road Water Main Replacement Project (Bid 23-14) Date: March 27, 2023 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract w ith Pan Oceanic Engineering Co. (4401 Roosevelt Road, Hillside, IL 60162) for the Green Bay Road Water Main Replacement Project (Bid 23-14) in the amount of $1,269,508.95. Funding Source: Funding is provided from the Water Fund in the amount of $1,230,767.95 and the Sewer Fund in the amount of $38,741.00. CARP: Municipal Operations Council Action: For Action Summary: Green Bay Road is a major north-south arterial through the Central Street Business District, connecting the north shore communities with the City of Chicago. The Green Bay Road corridor has considerable pedestrian, bus, and vehicular traffic. On October 14, 2019, the City C ouncil approved the award of a contract with Kimley-Horn & Associates to complete the Phase I design of improvements on Green Bay Road, McCormick Blvd to Isabella Street. The scope of the project included the following: • Roadway rehabilitation • Traffic signal modernization • Streetlight improvements • Streetscape improvements A3.Page 89 of 642 • Pedestrian safety enhancements • Accessibility improvements at Lincoln, Central, Livingston & Isabella Street intersections • Sidewalk reconstruction along Central Street west of Green Bay Road and at the intersection of Central/Broadway/Poplar In 2020, the City applied for and received a grant through the Surface Transportation Program (STP) in the amount of $3,490,710. Because of this funding, the Illinois Department of Transportation (IDOT) has to approve the design and will oversee the construction contract. Currently, the Phase I Project Design Report has been approved by IDOT, and Phase II design is underway. Construction is scheduled to start in the Fall of 2024. During the preparation of the PDR, it became clear that sections of the water main within the project limits needed to be replaced. The water main on Green Bay Road from Lincoln Street to Central Street was installed in 1930 and is deteriorating. Along with the installation of the water main, this project includes the complete replacement of lead service lines from the City’s main to the water meter inside each property. Water main replacement is not an item that is eligible for the STP grant funding. Completing the grantthe to addition in months take will construction main water several -funded construction and will compromise the ability to complete the construction within one year. Therefore staff recommends that the water main replacement be completed as a separate project prior to the main corridor improvement. Separating the two projects also allows the City to include its M/W/EBE goals and Local Employment Program requirements in the water main construction contract. On August 9, 2022, City Council approved the award of a separate contract with Kimley-Horn for the engineering services associated with the design and construction of the water main. Analysis: This bid was advertised on Demandstar and in the Pioneer Press. Bids for the project were received and publicly read on March 7, 2023. Five contractors submitted bids for this project as follows: The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening. The bids were reviewed by Sat Nagar, Senior Project Manager. Attached is a bid tabulation showing the detailed bid results. A summary of the bid pricing received was as follows: Page 2 of 7 A3.Page 90 of 642 The bid proposal from Pan-Oceanic indicated that they intend to meet the City’s M/W/EBE program goal and comply with the Local Employment Program. A memo reviewing compliance with the City’s M/W/EBE program goals is attached. Detailed Financial Analysis: This project is significantly over the budget approved in the 2023 Capital Improvement Program. Additional funding is available in the Water Fund. Attachments: Detailed Bid Tabulation Location Map 23-14 Green Bay Rd. Water Main MWEBE Memo Final Page 3 of 7 A3.Page 91 of 642 CITY OF EVANSTON TABULATION OF BIDS FOR GREEN BAY ROAD WATER MAIN IMPROVEMENTS BID NO: 23-14 DATE: MARCH 7, 2023 NAME AND ADDRESS OF BIDDERS TIME: 2:15 P.M. ATTENDED BY: LINDA THOMAS, PURCHASING SPECIALIST, FROM ELECTRONIC BIDS UNIT UNIT UNIT UNIT UNIT UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 TEMPORARY FENCE FOOT 80 $ 3.00 240.00$$12.00 $960.00 $7.00 $560.00 $20.00 $1,600.00 $20.00 $1,600.00 $20.00 $1,600.00 2 TREE TRUNK PROTECTION EACH 4 $ 150.00 600.00$$480.00 $1,920.00 $227.00 $908.00 $300.00 $1,200.00 $500.00 $2,000.00 $300.00 $1,200.00 3 TREE ROOT PRUNING EACH 4 $ 200.00 800.00$$360.00 $1,440.00 $300.00 $1,200.00 $400.00 $1,600.00 $1,200.00 $4,800.00 $300.00 $1,200.00 4 TREE PRUNING EACH 4 $ 250.00 1,000.00$$480.00 $1,920.00 $400.00 $1,600.00 $400.00 $1,600.00 $2,000.00 $8,000.00 $400.00 $1,600.00 5 EARTH EXCAVATION CU YD 10 $ 100.00 1,000.00$$96.00 $960.00 $100.00 $1,000.00 $56.00 $560.00 $100.00 $1,000.00 $110.00 $1,100.00 6 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL CU YD 20 $ 40.00 800.00$$96.00 $1,920.00 $100.00 $2,000.00 $56.00 $1,120.00 $120.00 $2,400.00 $110.00 $2,200.00 7 TRENCH BACKFILL CU YD 1,990 $ 20.00 39,800.00$$3.60 $7,164.00 $12.00 $23,880.00 $30.00 $59,700.00 $28.00 $55,720.00 $10.00 $19,900.00 8 POROUS GRANULAR BACKFILL CU YD 190 $ 100.00 19,000.00$$3.60 $684.00 $100.00 $19,000.00 $1.00 $190.00 $40.00 $7,600.00 $90.00 $17,100.00 9 EXPLORATION TRENCH 96" DEPTH EACH 15 $ 750.00 11,250.00$$1,200.00 $18,000.00 $1,000.00 $15,000.00 $700.00 $10,500.00 $1,100.00 $16,500.00 $550.00 $8,250.00 10 SODDING, SALT TOLERANT SQ YD 13 $ 60.00 780.00$$36.00 $468.00 $18.00 $234.00 $50.00 $650.00 $60.00 $780.00 $350.00 $4,550.00 11 INLET FILTERS EACH 17 $ 150.00 2,550.00$$300.00 $5,100.00 $175.00 $2,975.00 $50.00 $850.00 $200.00 $3,400.00 $400.00 $6,800.00 12 SUBBASE GRANULAR MATERIAL, TYPE B CU YD 245 $ 80.00 19,600.00$$93.10 $22,809.50 $48.00 $11,760.00 $1.00 $245.00 $25.00 $6,125.00 $30.00 $7,350.00 13 PORTLAND CEMENT CONCRETE BASE COURSE, 9 INCHES SQ YD 930 $ 75.00 69,765.38$$116.72 $108,549.60 $120.00 $111,600.00 $120.00 $111,600.00 $85.00 $79,050.00 $122.00 $113,460.00 14 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 TON 130 $ 125.00 16,278.59$$216.30 $28,119.00 $165.00 $21,450.00 $200.00 $26,000.00 $350.00 $45,500.00 $350.00 $45,500.00 15 HOT-MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50 TON 104 $ 125.00 13,022.87$$222.60 $23,150.40 $185.00 $19,240.00 $210.00 $21,840.00 $415.00 $43,160.00 $415.00 $43,160.00 16 PROTECTIVE COAT SQ YD 234 $ 10.00 2,340.00$$2.40 $561.60 $3.00 $702.00 $1.00 $234.00 $1.00 $234.00 $3.00 $702.00 17 TEMPORARY HOT-MIX ASPHALT TON 156 $ 90.00 14,040.00$$197.98 $30,884.88 $275.00 $42,900.00 $90.00 $14,040.00 $165.00 $25,740.00 $175.00 $27,300.00 18 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH SQ FT 1,787 $ 10.00 17,870.00$$16.35 $29,217.45 $13.00 $23,231.00 $12.00 $21,444.00 $10.00 $17,870.00 $15.00 $26,805.00 19 DETECTABLE WARNINGS SQ FT 125 $ 40.00 5,000.00$$54.00 $6,750.00 $38.00 $4,750.00 $40.00 $5,000.00 $45.00 $5,625.00 $50.00 $6,250.00 20 COMBINATION CURB AND GUTTER REMOVAL FOOT 490 $ 15.00 7,350.00$$12.00 $5,880.00 $8.00 $3,920.00 $7.00 $3,430.00 $21.00 $10,290.00 $8.00 $3,920.00 21 SIDEWALK REMOVAL SQ FT 1,785 $ 3.50 6,247.50$$3.60 $6,426.00 $3.50 $6,247.50 $2.00 $3,570.00 $15.00 $26,775.00 $2.00 $3,570.00 22 DUCTILE IRON WATER MAIN 6"FOOT 89 $ 120.00 10,680.00$$736.88 $65,582.32 $220.00 $19,580.00 $300.00 $26,700.00 $215.00 $19,135.00 $100.00 $8,900.00 23 DUCTILE IRON WATER MAIN 8"FOOT 48 $ 165.00 7,920.00$$576.96 $27,694.08 $220.00 $10,560.00 $320.00 $15,360.00 $245.00 $11,760.00 $310.00 $14,880.00 24 DUCTILE IRON WATER MAIN 10"FOOT 950 $ 180.00 171,000.00$$278.94 $264,993.00 $342.00 $324,900.00 $340.00 $323,000.00 $340.00 $323,000.00 $330.00 $313,500.00 25 DUCTILE IRON WATER MAIN 16"FOOT 109 $ 300.00 32,700.00$$608.49 $66,325.41 $390.00 $42,510.00 $400.00 $43,600.00 $425.00 $46,325.00 $530.00 $57,770.00 26 WATER VALVES 8"EACH 1 $ 2,750.00 2,750.00$$3,317.41 $3,317.41 $6,600.00 $6,600.00 $6,000.00 $6,000.00 $3,750.00 $3,750.00 $13,000.00 $13,000.00 27 WATER VALVES 10"EACH 4 $ 3,600.00 14,400.00$$4,820.81 $19,283.24 $7,000.00 $28,000.00 $7,000.00 $28,000.00 $4,800.00 $19,200.00 $14,000.00 $56,000.00 28 WATER VALVES 16"EACH 2 $ 4,250.00 8,500.00$$12,760.81 $25,521.62 $20,000.00 $40,000.00 $12,000.00 $24,000.00 $11,250.00 $22,500.00 $22,000.00 $44,000.00 29 FIRE HYDRANTS TO BE REMOVED EACH 2 $ 1,000.00 2,000.00$$1,200.00 $2,400.00 $2,000.00 $4,000.00 $2,000.00 $4,000.00 $800.00 $1,600.00 $750.00 $1,500.00 30 FIRE HYDRANT WITH AUXILIARY VALVE, VALVE BOX AND TEE EACH 4 $ 9,000.00 36,000.00$$11,998.23 $47,992.92 $22,000.00 $88,000.00 $12,000.00 $48,000.00 $8,500.00 $34,000.00 $25,000.00 $100,000.00 31 VALVE VAULTS, TYPE A, 5'-DIAMETER, TYPE 1 FRAME, CLOSED LID EACH 1 $ 4,750.00 4,750.00$$6,275.50 $6,275.50 $4,000.00 $4,000.00 $6,000.00 $6,000.00 $4,800.00 $4,800.00 $6,000.00 $6,000.00 32 FILLING VALVE BOXES EACH 2 $ 350.00 700.00$$480.00 $960.00 $265.00 $530.00 $1,000.00 $2,000.00 $400.00 $800.00 $400.00 $800.00 33 FILLING VALVE VAULTS EACH 3 $ 500.00 1,500.00$$480.00 $1,440.00 $718.00 $2,154.00 $1,000.00 $3,000.00 $450.00 $1,350.00 $600.00 $1,800.00 34 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12 (ABUTTING EXISTING PAVEMENT)FOOT 490 $ 45.00 22,050.00$$60.00 $29,400.00 $48.00 $23,520.00 $48.00 $23,520.00 $38.00 $18,620.00 $65.00 $31,850.00 35 NON-SPECIAL WASTE DISPOSAL CU YD 200 $ 60.00 12,000.00$$95.00 $19,000.00 $16.00 $3,200.00 $45.00 $9,000.00 $60.00 $12,000.00 $82.00 $16,400.00 36 SOIL DISPOSAL ANALYSIS EACH 2 $ 1,600.00 3,200.00$$2,019.60 $4,039.20 $3,000.00 $6,000.00 $1,500.00 $3,000.00 $4,500.00 $9,000.00 $250.00 $500.00 37 MOBILIZATION L SUM 1 $ 40,000.00 40,000.00$$51,583.26 $51,583.26 $80,000.00 $80,000.00 $75,000.00 $75,000.00 $145,000.00 $145,000.00 $100,000.00 $100,000.00 38 SHORT TERM PAVEMENT MARKING FOOT 3,000 $ 1.00 3,000.00$$0.94 $2,820.00 $1.10 $3,300.00 $1.00 $3,000.00 $2.00 $6,000.00 $1.25 $3,750.00 39 SHORT TERM PAVEMENT MARKING REMOVAL SQ FT 1,000 $ 3.00 3,000.00$$1.65 $1,650.00 $0.25 $250.00 $0.40 $400.00 $4.00 $4,000.00 $1.00 $1,000.00 40 THERMOPLASTIC PAVEMENT MARKING (ALLOWANCE)SQ FT 886 $ 5.00 4,430.00$$1.00 $886.00 $1.00 $886.00 $1.00 $886.00 $1.00 $886.00 $1.00 $886.00 41 PAVEMENT MARKING REMOVAL - WATER BLASTING SQ FT 886 $ 9.00 7,974.00$$4.95 $4,385.70 $3.50 $3,101.00 $4.00 $3,544.00 $3.00 $2,658.00 $3.50 $3,101.00 42 STREET SWEEPING EACH 15 $ 500.00 7,500.00$$1,200.00 $18,000.00 $1,200.00 $18,000.00 $300.00 $4,500.00 $325.00 $4,875.00 $100.00 $1,500.00 43 COMBINED SEWER REMOVAL 12"FOOT 100 $ 50.00 5,000.00$$12.00 $1,200.00 $8.00 $800.00 $1.00 $100.00 $70.00 $7,000.00 $1.00 $100.00 44 COMBINED SEWERS 12", SPECIAL (DIP CL 52)FOOT 100 $ 500.00 50,000.00$$247.79 $24,779.00 $300.00 $30,000.00 $200.00 $20,000.00 $325.00 $32,500.00 $250.00 $25,000.00 45 FLUOROCARBON RUBBER (VITON) GASKET (ALLOWANCE)EACH 5 $ 2,250.00 11,250.00$$534.00 $2,670.00 $445.00 $2,225.00 $500.00 $2,500.00 $450.00 $2,250.00 $475.00 $2,375.00 46 TOPSOIL FURNISH AND PLACE, SPECIAL CU YD 30 $ 65.00 1,950.00$$60.00 $1,800.00 $125.00 $3,750.00 $40.00 $1,200.00 $45.00 $1,350.00 $75.00 $2,250.00 47 TEMPORARY ACCESS (COMMERCIAL ENTRANCE)EACH 6 $ 350.00 2,100.00$$600.00 $3,600.00 $1,100.00 $6,600.00 $1.00 $6.00 $1,800.00 $10,800.00 $1,000.00 $6,000.00 48 DUCTILE IRON WATER MAIN FITTINGS (ALLOWANCE)POUND 5,000 $ 20.00 100,000.00$$1.20 $6,000.00 $1.00 $5,000.00 $8.00 $40,000.00 $8.00 $40,000.00 $4.00 $20,000.00 49 ABANDON EXISTING WATER MAIN, FILL WITH CLSM FOOT 1,033 $ 25.00 25,825.00$$30.00 $30,990.00 $20.00 $20,660.00 $9.00 $9,297.00 $9.00 $9,297.00 $12.00 $12,396.00 50 INTERIOR COPPER PIPE FOOT 200 $ 15.00 3,000.00$$3.60 $720.00 $10.00 $2,000.00 $20.00 $4,000.00 $2.00 $400.00 $10.00 $2,000.00 51 VALVE BOX EACH 7 $ 500.00 3,500.00$$402.00 $2,814.00 $300.00 $2,100.00 $1,500.00 $10,500.00 $350.00 $2,450.00 $4,500.00 $31,500.00 52 TRAFFIC CONTROL AND PROTECTION, (SPECIAL)L SUM 1 $ 45,000.00 45,000.00$$61,065.00 $61,065.00 $40,000.00 $40,000.00 $200,000.00 $200,000.00 $33,000.00 $33,000.00 $150,000.00 $150,000.00 53 CHANGEABLE MESSAGE SIGN, SPECIAL CAL MO 8 $ 900.00 7,200.00$$1,200.00 $9,600.00 $950.00 $7,600.00 $900.00 $7,200.00 $9,300.00 $74,400.00 $1,200.00 $9,600.00 54 LANDSCAPING ALLOWANCE UNIT 8,000 $ 1.00 8,000.00$$1.00 $8,000.00 $1.00 $8,000.00 $1.00 $8,000.00 $1.00 $8,000.00 $1.00 $8,000.00 55 CONSTRUCTION LAYOUT L SUM 1 $ 8,000.00 8,000.00$$9,600.00 $9,600.00 $12,000.00 $12,000.00 $8,000.00 $8,000.00 $4,500.00 $4,500.00 $25,000.00 $25,000.00 56 TEMPORARY INFORMATION SIGNING SQ FT 50 $ 25.00 1,250.00$$19.20 $960.00 $16.00 $800.00 $30.00 $1,500.00 $15.00 $750.00 $25.00 $1,250.00 57 MECHANICAL JOINT CAP EACH 4 $ 350.00 1,400.00$$348.00 $1,392.00 $800.00 $3,200.00 $1,500.00 $6,000.00 $1,340.00 $5,360.00 $750.00 $3,000.00 58 WATER SERVICE LINE, 2" OR LESS, PARTIAL REPLACEMENT EACH 3 $ 15,000.00 45,000.00$$10,788.35 $32,365.05 $12,000.00 $36,000.00 $5,000.00 $15,000.00 $4,500.00 $13,500.00 $20,000.00 $60,000.00 APPROVED ENGINEER'S ESTIMATE Pan-Oceanic Engineering Co,Inc.Benchmark Construction, Co., Inc. 6436 W. Higgins Avenue, Chicago, IL 60656 2260 Southwind Blvd., Joel Kennedy Constructing Corp. Chicago, IL 60657 2830 N. Lincoln Avenue, Bartlett, IL 60103 Bolder Contractors, Inc. 316 Cary Point Drive, Cary, IL 60013 Reliable Contracting TOTALITEM NUMBER ITEM UNIT TOTAL QUANTITY TOTAL TOTAL TOTAL TOTALTOTAL 1 of 2Page 4 of 7A3.Page 92 of 642 CITY OF EVANSTON TABULATION OF BIDS FOR GREEN BAY ROAD WATER MAIN IMPROVEMENTS BID NO: 23-14 DATE: MARCH 7, 2023 NAME AND ADDRESS OF BIDDERS TIME: 2:15 P.M. ATTENDED BY: LINDA THOMAS, PURCHASING SPECIALIST, FROM ELECTRONIC BIDS UNIT UNIT UNIT UNIT UNIT UNIT PRICE PRICE PRICE PRICE PRICE PRICE APPROVED ENGINEER'S ESTIMATE Pan-Oceanic Engineering Co,Inc.Benchmark Construction, Co., Inc. 6436 W. Higgins Avenue, Chicago, IL 60656 2260 Southwind Blvd., Joel Kennedy Constructing Corp. Chicago, IL 60657 2830 N. Lincoln Avenue, Bartlett, IL 60103 Bolder Contractors, Inc. 316 Cary Point Drive, Cary, IL 60013 Reliable Contracting TOTALITEM NUMBER ITEM UNIT TOTAL QUANTITY TOTAL TOTAL TOTAL TOTALTOTAL 59 WATER SERVICE LINE, 2" OR LESS, FULL REPLACEMENT EACH 4 $ 20,000.00 80,000.00$$12,504.69 $50,018.76 $22,000.00 $88,000.00 $8,000.00 $32,000.00 $11,550.00 $46,200.00 $26,000.00 $104,000.00 60 TAPPING SLEEVE, 1"EACH 1 $ 8,000.00 8,000.00$$172.80 $172.80 $500.00 $500.00 $1,500.00 $1,500.00 $250.00 $250.00 $400.00 $400.00 61 SANITARY SEWER RUBBER BOOTS EACH 4 $ 250.00 1,000.00$$540.00 $2,160.00 $200.00 $800.00 $800.00 $3,200.00 $170.00 $680.00 $500.00 $2,000.00 62 LEAD-BASED PAINT AND ASBESTOS MATERIALS REMEDIATION ALLOWANCE UNIT 25,000 $ 1.00 25,000.00$$1.00 $25,000.00 $1.00 $25,000.00 $1.00 $25,000.00 $1.00 $25,000.00 $1.00 $25,000.00 63 PRE AND POST CONSTRUCTION SUB-SURFACE VIDEOTAPING FOOT 930 $ 10.00 9,300.00$$11.40 $10,602.00 $5.00 $4,650.00 $9.00 $8,370.00 $1.00 $930.00 $15.00 $13,950.00 64 MAINTENANCE OF EXISTING TRAFFIC SIGNAL INSTALLATION EACH 1 $ 2,000.00 2,000.00$$17,566.25 17,566.25$$15,275.00 15,275.00$$10,000.00 10,000.00$$15,000.00 $15,000.00 $18,000.00 $18,000.00 $1,089,163.33 $1,269,625.70 $1,338,328.50 $1,352,976.00 $1,389,130.00 $1,642,597.00 $1,089,163.33 $1,269,508.95 $1,338,208.50 $1,352,856.00 $1,389,045.00 $1,642,475.00TOTAL PROJECT BID AS READ AS CORRECTED 2 of 2Page 5 of 7A3.Page 93 of 642 NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMI CHIGANMcCORMICK BLVDS H E R I DAN R DPARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVESHERIDAN PL RIDGE CTG REE N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O PL A R A V E GREY AVEHARRISON ST PRAIRIE AVE REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS ST MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK ST DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH ST CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST ROSLYN PL E A ST R AILR O A D A V E FLORENCE AVEBENSON AVESHERMAN PLCULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRIDGE ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEAUTOBARN PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STEWART AVEMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNO X C IRHILLSIDE LN TRINITY CT SHERI DAN SQEDGEMERE CTG REE N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST PR AIRIE A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A YE R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYN O R W O O D C TLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HI NMAN AVESEWARD ST WESLEY AVECENTRAL ST KEENEY ST RI DGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGIN RD ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERI DAN RDSHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHI CAGO AVECHI CAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE ST ELGIN RD FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MUL FORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVENOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES G L E N V IE W R D PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL A R TSC IR C LE D RORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL CLARK ST 700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 17003500260017001800900190090021002300210040038003700City Boundary Main Road Local Street Railroad Water 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile The City of Evanston 3/10/2022 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. CityBWLetterSizeMap.mxd ´PROJECT LOCATION Green Bay Road Water Main Improvements 2023 Page 6 of 7 A3.Page 94 of 642 Green Bay Road Water Main Improvements, Bid 23-14, M/W/EBE Memo 03.27.2023 To: Edgar Cano, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Sat Nagar, P.E., Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: Green Bay Road Water Main Replacement Project Lincoln Street to Central Street, Bid 23-14 Date: March 27, 2023 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Green Bay Road Water Main Replacement Project Lincoln Street to Central Street, Bid 23-14, Pan Oceanic, Inc., total base bid is $1,269,508.95 and they are found to be in compliance with the City’s 25% goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Pan Oceanic Engineering Co., Inc. 6436 W. Higgins Avenue Chicago, IL 60656 Water Distribution, Concrete Restoration $1,091,178.87 85.95% X J.A.C.K. Contractor Services, Inc. P.O. Box 563 Crete, IL 60417 Sewer Televising $8,835.00 .70% X City Lights, Ltd. 9993 Virginia Avenue Chicago Ridge, IL 60415 Traffic Signal Maintenance $15,275.00 1.2% X Total M/W/EBE $1,115,288.87 87.85% CC: Hitesh Desai, Chief Financial Officer Memorandum Page 7 of 7 A3.Page 95 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Stefanie Levine, Senior Project Manager. CC: Edgar Cano - Public Works Agency Director, Lara Biggs - City Engineer Subject: Approval of a Contract with Garland/DBS for the 2023 Facility Envelope Repairs, Contract 1 Date: March 27, 2023 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract with Garland/DBS, Inc. (3800 East 91st St., Cleveland, OH) for the 2023 Facility Envelope Repairs, Contract 1, in the amount of $389,727. Garland is requesting a partial LEP waiver. Funding Source: Funding will be provided from the Capital Improvement Fund 2023 General Obligation Bonds in the amount of $389,727. A detailed financial analysis is included in the attached memo. CARP: Municipal Operations Council Action: For Action Summary: The Police/Fire Headquarters is made up of a total of 10 roofing systems. Three of the roofing systems are actively leaking, leading to interior damage and creating unacceptable conditions for building occupants. Repair work required at this facility includes 1) re-covering of roof PS- 06-A, 2) replacing through-wall flashing and wet roofing materials at roof PS-06-B, and 3) fully replacing roof PS-06-G. These repairs will carry a Garland/DBS Inc. 32-year warranty. The Ladd Arboretum Gazebo has a cedar shake roof which is severely damaged and requires full replacement. Due to poor condition, it is also recommended that all soffits and fascia be replaced at this location as well. This work will carry a 2-year service agreement with the installer. A4.Page 96 of 642 The City of Evanston has used OMNIA Partners, Public Sector, for various envelope repair projects over the past seven years. Garland/DBS Inc. is the selected contractor for this program. Garland/DBS Inc. was selected through a competitive Request for Proposal process in 2019 in Racine County, Wisconsin, for a nationwide, five-year contract with a five-year extension. Under the Cooperative Purchasing process, Garland/DBS Inc. acts as the project designer and produces bid documents. The bid documents are then sent to OMNIA Partners’ prequalified general contractors for bidding on the labor only, while Garland/DBS Inc. provides construction materials at a pre-approved price. A full labor and materials warranty is provided by Garland/DBS Inc. at the completion of the work. Garland/DBS Inc. has successfully completed all prior projects to the satisfaction of staff and facility occupants. Staff, therefore, recommends utilizing the Cooperative Purchasing process for this project and the award of this contract to Garland/DBS Inc. The 2023 CIP includes roofing replacement and/or repairs at multiple City facilities. Through discussions with Garland/DBS Inc., staff has prioritized the Police/Fire Headquarters and the Ladd Arboretum Gazebo, which are both in need of immediate repair. Construction of this project is scheduled to begin in the spring or summer of 2023. The current sub stantial completion deadline is September 30, 2023. Analysis: On March 3, 2023, staff received a proposal from Garland/DBS Inc for the above -described work. Garland/DBS Inc. obtained proposals for labor from three prequalified contractors for each project location. The pricing Garland/DBS Inc. received is as follows; the contract pricing in bold text is recommended for award: Based on the bids received, staff is recommending that Garland/DBS Inc. utilize the lowest - priced contractors, KG Roofing for the Police/Fire Headquarters and Waukegan Roofing for the Ladd Arboretum Gazebo for a total combined cost of $389,727. Page 2 of 10 A4.Page 97 of 642 Garland/DBS Inc. will meet the City’s M/W/EBE goals but has requested a partial LEP waiver based on a lack of available Evanston residents in the roofer’s union (see attached memo for additional information). Detailed Financial Analysis: The following is a detailed breakdown of the funding sources: This project is over budget. Additional funding is available from the line item for the 2023 Facilities Contingency. Attachments: Garland/DBS Proposal Garland Roofing Repairs Police-Fire Ladd Arboretum MWEBE Memo Garland Roofing Repairs Police-Fire Ladd Arboretum LEP Memo Page 3 of 10 A4.Page 98 of 642 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Date Submitted: 03/02/2023 Proposal #: 25-IL-230103 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Evanston Police/Fire HQ 1454 Elmwood Ave Evanston, Illinois 60201 MICPA # PW1925 ILLINOIS General Contractor License #: 104.015673 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible. Scope of Work: Fire/Police HQ - PS-06-G Full Replacement – KEE-Stone Hybrid System Remove existing roof system down to concrete deck, clean and remove all loose debris. Apply GarlaPrime VOC primer to concrete deck at a rate of 0.5 gal/SQ. Install HPR TorchBase across entire concrete deck as vapor barrier. Install ¼”:12” tapered polyiso system set in KEE-Lock Foam ribbon pattern per Wind Uplift pressures. Ensure that tapered system enables positive drainage and there is no ponding water. Install 1/2":12" crickets, saddles and sumps as required set in KEE-Lock Foam. Install ½” DensDeck Prime cover board set in KEE-Lock Foam ribbon pattern per Wind Uplift pressures. Install HPR TorchBase modified base sheet across the entire field. Prior to installing KEE-Stone FB 60, ensure the base sheet is free of dust, dirt and all debris. Unroll and relax the cap sheet prior to install. Apply KEE-Lock Foam in a uniform splatter spray, ensuring not to apply it to any side laps or areas where the membrane is to be welded. Install the KEE-Stone FB 60 across the entire field, brooming it in immediately after install to ensure even continuous contact between the fleece backing and the foam adhesive followed by a weighted roller to remove any air pockets. Heat weld side lap seams to seal membrane together. All end laps to be butted up to one another with 6” wide KEE-Stone utility roll heat welded over joint to seal. Install HPR TorchBase at all penetrations and perimeters as the base flashing sheet. Page 1 of 4 Page 4 of 10 A4.Page 99 of 642 13. 14. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Remove existing roof drain details in a 4’ x 4’ square around each drain down to the deck. Install new ½”:12” 4’ x 4’ tapered sump drain details. Remove existing roof system at through-wall scuppers down to the deck. Install new ½”:12” sump through-wall scupper details. Power wash and clean existing membrane ensuring all dust, dirt and debris is cleared from the roof. Slice existing field membrane every 5” o.c. Install ½” DensDeck Prime cover board set in KEE-Lock Foam ribbon pattern per Wind Uplift pressures. Install HPR TorchBase at all penetrations and perimeters as the base flashing sheet. Install KEE-Stone NF 60 Flashing at all penetrations and perimeters as the cap flashing sheet. a. Apply KEE-Lock WB Flashing Adhesive to the exposed side of the base flashing ply and to the backside of the KEE-Stone NF 60 Flashing at a total combined rate of 1.0- 1.5 gal/SQ. Adhesive takes 30 minutes to become tacky. b. Immediately roll the surface with a weighted roller followed by brooming. c. Extend cap flashing plies 9” onto field of the roof and minimum 3” overlap on verticals. d. Heat weld all vertical and flashing-to-field seams. Install new 24ga steel kynar coated metal counter flashing details at all perimeters and penetrations as required. Install HPR TorchBase modified base sheet across the entire field. Prior to installing KEE-Stone FB 60, ensure the base sheet is free of dust, dirt and all debris. Unroll and relax the cap sheet prior to install. Apply KEE-Lock Foam in a uniform splatter spray, ensuring not to apply it to any side laps or areas where the membrane is to be welded. Install the KEE-Stone FB 60 across the entire field, brooming it in immediately after install to ensure even continuous contact between the fleece backing and the foam adhesive followed by a weighted roller to remove any air pockets. Heat weld side lap seams to seal membrane together. All end laps to be butted up to one another with 6” wide KEE-Stone utility roll heat welded over joint to seal. Scope of Work: Fire/Police HQ - PS-06-A Re-Cover – KEE-Stone Hybrid System Remove approximately 200 sq ft of identified existing wet roofing system down to deck. Replace wet roofing material with properly secured polyisocyanurate roof insulation and ½” DensDeck Prime cover board that matches the height of the rest of the new re-cover roof system. Install KEE-Stone NF 60 Flashing at all penetrations and perimeters as the cap flashing sheet. a. Apply KEE-Lock WB Flashing Adhesive to the exposed side of the base flashing ply and to the backside of the KEE-Stone NF 60 Flashing at a total combined rate of 1.0- 1.5 gal/SQ. Adhesive takes 30 minutes to become tacky. b. Immediately roll the surface with a weighted roller followed by brooming. c. Extend cap flashing plies 9” onto field of the roof and minimum 3” overlap on verticals. d. Heat weld all vertical and flashing-to-field seams. Install new 24ga steel kynar coated metal counter flashing details at all perimeters and penetrations as required. Page 2 of 4 Page 5 of 10 A4.Page 100 of 642 1. 2. 3. 4. 5. 6. 7. 8. Proposal Price Based Upon Market Experience:328,057$ Garland/DBS Price Based Upon Local Market Competition: 1 KG Roofing 2 Futurity 19 3 M.W. Powell Co Unforeseen Site Conditions: Drain Replacement Each Additional Insulation Replacement per Sq. Ft. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Proposal Price Based Upon Market Experience:26,695$ Garland/DBS Price Based Upon Local Market Competition: 1 Waukegan Roofing 2 Filotto Roofing 3 All American Exterior Solutions 26,695$ 31,486$ 35,499$ Install Class B fire treated cedar taper sawn hip and ridge cap shingle. Repair/replace decking as required. Install pre-finished .019 aluminum drip edge along eaves. Install R-Mer Seal over entire roof area. Install Class B fire treated cedar starter course. Install Class B fire treated No. 1 medium ½” cedar shakes at a 10” exposure. Scope of Work: Ladd Gazebo – Cedar Shake Roof Replacement Remove and replace rotted wood soffit with wood to match existing. Power wash and prep soffit for new application of wood stain. Apply two (2) coats of wood stain to soffit area. Remove existing roof down to wood decking. 20.52$ 5,358.00$ 328,057$ 372,529$ 398,052$ Scope of Work: Fire/Police HQ – PS-06-B – New Through Wall Masonry and Wet Roofing Replacement Remove existing wall flashing, roof membrane and wet roofing down to the deck in the area identified by thermal scan. Install new polyisocyanurate roof insulation and ½” DensDeck Prime in KEE-Lock Foam to match existing system height. Install new 60mil TPO field and wall flashing membrane details, ensure proper tie-in to existing roof system. Remove limestone coping stones (salvage for reuse) and existing through wall masonry flashing. Install new through wall masonry flashing detail. Reset limestone coping stones in new mortar. Seal all coping joints with backer rod and Tuff Stuff MS Natural Stone. Spot grind and tuckpoint in work area as required. Page 3 of 4 Allowance - General - $25,000 Page 6 of 10 A4.Page 101 of 642 Unforeseen Site Conditions: Replace All Soffit and Stain All Replace All Fascia All Clarifications/Exclusions: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 7,752$ 2,223$ Permits are excluded. Bonds are included. Plumbing, Mechanical, Electrical work is excluded. Masonry work is excluded. Interior Temporary protection is excluded. Prevailing Wages are included. Any work not exclusively described in the above proposal scope of work is excluded. Substantial completion of September 30, 2023. Garland roof systems included in the proposal come with a 32-year warranty. Cedar shake shingles do not carry a warranty. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Jarod Miller Jarod Miller Garland/DBS, Inc. (216)430-3606 Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. Page 4 of 4 Cedar shake will have a 2-year service agreement with Waukegan Roofing. Page 7 of 10 A4.Page 102 of 642 Garland/DBS, Inc., 2023 Facility Envelope Repairs – Contract 1 Construction Award , M/W/EBE Memo 03.27.2023 To: Edgar Cano, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: 2023 Facility Envelope Repairs – Contract 1 Construction Award Police-Fire, Ladd Arboretum Repairs Date: March 27, 2023 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the 2023 Facility Envelope Repairs – Construction 1 Award Police-Fire and Ladd Arboretum Repairs Garland/DBS Inc., total base bid is $389,727.00 and they are found to be in compliance with the City’s 25% goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE KG Roofing, Inc. 5948 S. Pulaski Chicago, IL 60629 Roofing Repairs $328,057.00 84% X Total M/W/EBE $328,057.00 84% CC: Hitesh Desai, Chief Financial Officer Memorandum Page 8 of 10 A4.Page 103 of 642 Page 1 of 2 Memorandum To: The Honorable Mayor and Members of City Council From: Nathan Norman, Workforce Development Coordinator CC: Tammie Nunez, Purchasing Manager Subject: Local Employment Program (LEP) Compliance Date: March 21, 2023 Recommended Action: Staff recommends that Garland, DBS, continue to work with Workforce Development Staff to achieve the Local Employment Program (LEP) compliance requirements. Summary: To increase the hiring of economically disadvantaged Evanston residents, the City of Evanston’s Local Employment Program (LEP) Section 1-17-1 (C) of the Evanston City Code, was created with the intent to have qualified Evanston Residents employed at the construction site as laborers, apprentices, and journeymen in such trades as electrical, HVAC, carpentry, masonry, concrete, finishing, truck drivers and other construction occupations necessary for the project. The Workforce Development Coordinator works with project managers and contractors to achieve the compliance requirements for the Local Employment Program and assists staff in enforcing penalties in instances of noncompliance. Waiver Requirements: Contractors seeking a waiver for all, or a portion of the requirements imposed under the local employment program must adhere to the following guidelines before becoming eligible for a waiver: According to City Code 1-17-1(c)5: 5. Waiver. a. The contractor may request that the Business and Workforce Development Coordinator waive all or a portion of the requirements imposed under the local employment program. Such requests must be in writing and must be received by the Business and Workforce Development Coordinator prior to the award of any public Health & Human Services Department 2100 Ridge Ave. Evanston, Illinois 60201 T 847.448. 8289 TTY 847.448.8064 www.cityofevanston.org Page 9 of 10 A4.Page 104 of 642 works project contract. In order to apply for a waiver, the contractor must submit:1) Documentation to the Business and Workforce Development Coordinator demonstrating that: a) The contractor utilized the local resident database to attempt to satisfy the local employment program hiring requirement. b) The contractor notified residents of the employment opportunities available for the project. Such notification must have appeared in the employment section of a newspaper of local general circulation. Additionally, the Illinois department of employment security's office, located in Evanston, Illinois, must have been notified of the employment opportunities. All notices must have stated that all qualified applicants would receive consideration without regard to race, color, religion, sex, or national origin. c) The contractor, for a contract utilizing union labor, contacted in writing Chicagoland labor unions to request a resident for employment on the project. 2) Any additional documents requested by the Business and Workforce Development Coordinator in order to evaluate the waiver request. Compliance: Upon review of the Facility Envelope Repairs Roofing project, our records indicate that Garland, DBS, still needs to meet the local employment requirements in Evanston. To achieve LEP compliance, workforce staff will begin exploring various employment opportunities that benefit both the project and LEP participants. As per the contract agreement, it is a requirement to hire Evanston residents to perform 15% of the work. Compliance with local employment requirements is essential to ensure that the benefits of public contracts reach the communities where they are awarded. Failure to comply with these requirements may result in penalties. Workforce staff expects immediate corrective action to meet the local employment requirements. Page 10 of 10 A4.Page 105 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Audrey Thompson, Parks & Recreation Director CC: Tim Carter, Recreation Manager; Michael Callahan, Parks and Recreation Assistant Director Subject: Approval of a Contract for the Dredging of the Church Street Boat Ramp (BID 23-08) Date: March 27, 2023 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract in the amount of $65,000 with Kovilic Contruction Company, Inc. (3721 N. Carnation Street, Franklin Park, Illinois) for the dredging of the Church Street Boat Harbor. Funding Source: Funding is allocated in the Parks and Recreation Business Unit account 100.30.3065.65050, Boat Ramp Operations/BLDG Maintenance Material, which has a FY 2023 budgeted amount of $36,000 and a year-to-date balance of $36,000. This amount will be overspent by $29,000 and will require a budget amendment. The overspent amount, however, will be offset by the savings in the personnel account due to the number of vacant positions that have not been filled by the Department to date. Council Action: For Action Summary: Traditionally, a contractor is hired each spring to remove sand that accumulates inside the Church Street Boat Ramp area. Dredging work occurs in late April, so the ramp can open and be usable by early May for boaters. In addition to the ramp being used by boat permit holders, the City needs to utilize the ramp for launching boats for the aquatics camps and emergency rescue crafts of the Fire Department and other emergency agencies. Without performing the dredging work, the launching facility could not be opened. The City of Evanston sought alternative bids for this project. The bid for the dredging contract was advertised in the Chicago Tribune and on Demandstar, and direct invitations to bid were A5.Page 106 of 642 sent to dredging and construction companies. On March 7, 2023, the City received three bids as follows: NAME Bid #1 Alternative Bid #2 Kovilic Construction, Inc. $45,000 $65,000 John Keno & Company $63,210 $78,100 G&L Contractors $179,575 $199,975 Bid #1 • Dredging area is per plan/map • Remove sand from water. Contractor will place sand on the boat ramp launch area. City of Evanston Public Works front loader will move sand to the “deposit area” • Provide water, soil, and sand testing as required by the Illinois Department of Natural Resources and Illinois Environmental Protection Agency Bid #2 • Dredging area is per plan/map • Remove sand from water. Contractor will move and place sand to the “deposit area” WITHOUT the assistance of Evanston Public Works • Provide water, soil, and sand testing as required by the Illinois Department of Natural Resources and Illinois Environmental Protection Agency Staff recommends award of this contract to Kovilic Construction, Inc. in the amount of $65,000 (Alternative Bid #2). The Parks and Recreation Department has contracted with Kovilic Construction, Inc. for the last three years to offer dredging service to the Church Street Harbor. Their performance on those particular contracts was satisfactory. Due to short staffing within the Public Works Agency (PWA), staff cannot guarantee a front-end loader operator for this project. Additionally, using a front-end loader operator from PWA will remove that staff member from other projects and other PWA needs for five full days. Attachments: Kovilic Construction, Inc. Bid Dredging Plan Map 23-08 MWEBE Waiver Memo final Page 2 of 31 A5.Page 107 of 642 Page 3 of 31 A5.Page 108 of 642 Page 4 of 31 A5.Page 109 of 642 45,000 65,000 Page 5 of 31 A5.Page 110 of 642 110,000.00 Page 6 of 31 A5.Page 111 of 642 Page 7 of 31 A5.Page 112 of 642 Page 8 of 31 A5.Page 113 of 642 Page 9 of 31 A5.Page 114 of 642 Page 10 of 31 A5.Page 115 of 642 Page 11 of 31 A5.Page 116 of 642 Page 12 of 31 A5.Page 117 of 642 Page 13 of 31 A5.Page 118 of 642 Page 14 of 31 A5.Page 119 of 642 Page 15 of 31 A5.Page 120 of 642 Page 16 of 31 A5.Page 121 of 642 Page 17 of 31 A5.Page 122 of 642 Page 18 of 31 A5.Page 123 of 642 Page 19 of 31 A5.Page 124 of 642 Page 20 of 31 A5.Page 125 of 642 Page 21 of 31 A5.Page 126 of 642 Page 22 of 31 A5.Page 127 of 642 Page 23 of 31 A5.Page 128 of 642 Nikola Kovilic Page 24 of 31 A5.Page 129 of 642 Page 25 of 31 A5.Page 130 of 642 Nikola Kovilic Page 26 of 31 A5.Page 131 of 642 2/27/2023 Page 27 of 31 A5.Page 132 of 642 2/27/2023 Page 28 of 31 A5.Page 133 of 642 Page 29 of 31 A5.Page 134 of 642 Lake Michigan Zone AE Zone X Zone AE SHERI DAN RDLAKE ST DAVIS ST City of Evanston Dredging & Disposal Areas ´ Dredging Area Disposal Area Flood Zone Boundary Tax Parcel 0 100 200 300 Feet 1/28/2015Dredging2015.mxdThis map is provided "as is" without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more information. MAIN DODGEASBURYCHI CAGOGRANT CHURCH HOWARD RIDGEDEMPSTER EMERSON DAVIS SHERIDANG R E E N B A Y ISABELLA CRAWFORDCENTRAL PARKELGIN MCCORMICKCENTRAL MCCORMICKSHERIDANISABELLA RIDGECENTRAL LocatorMap Page 30 of 31 A5.Page 135 of 642 Bid 23-08, Mechanical Dredging at the Church Street Boat Ramp , MWEBE Waiver 0 3-27-2023 To: Audrey Thompson, Parks and Recreation Director Michael Callahan, Parks and Recreation Assistant Director Tim Carter, Parks and Recreation Manager From: Tammi Nunez, Purchasing Manager Subject: Mechanical Dredging at the Church Street Boat Ramp, Bid 23-08 Date: March 27, 2023 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard to the Contract for Mechanical Dredging at the Church Street Boat Ramp, Bid 23-08, option #2, total base bid amount of $ 65,000.00, the primary contractor Kov ilic Construction Company , Inc., has requested a waiver for the MWEBE participation goal. The project precludes subcontracting opportunities, due to the technical nature; Kovilic Construction Company , Inc. will self -perform all work. The waiver explanation was reviewed and approved to be valid by Staff. Cc: Hitesh Desai, Chief Financial Officer / Treasure Memorandum Page 31 of 31 A5.Page 136 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: David Stoneback, Deputy City Manager Subject: Approval of a Contract Award to Worxbee to provide a shared pool of 80hrs/month of Virtual Executive Assistant service to Councilmembers. Date: March 27, 2023 Recommended Action: Councilmember Burns requests the City Council authorize the City Manager to execute a contract agreement with Worxbee, Inc. to provide a 12-month initial service term of 80 active hours of service per month at a rate of $5,616.00 per month. Funding Source: Funding for this work will be from the General Fund, City Council, and external services account (100.13.1300.62175), which has a FY2023 budget allocation of $68,042, all of which is remaining. Council Action: For Action Summary: During the December 12, 2022, City Council meeting, Councilmember Burns made a motion to make a budget amendment as stated below: Amend the budget to allocate $68,042 out of the general reserve fund (surplus) to Worxbee for a one-year agreement providing a shared pool of 80hrs/month of Virtual Executive Assistant service to Councilmembers. Following the February 27, 2023, APW committee meeting, staff modified the Worxbee proposed Agreement based on comments made during the meeting. This revised agreement (copy attached) was sent to Worxbee on March 3, 2023, to see if the proposed modifications would be acceptable. Worxbee responded on March 6, 2023, with the following comment: A6.Page 137 of 642 Thanks for sending this over. These edits are not something that we will be able to accommodate. Please let me know if the previous version of the contract will work, as we would like to try to find a path forward to provide services for the City of Evanston. Legislative History: A budget amendment to allocate funding to hire Worxbee to provide a shared pool of 80hrs/month of Virtual Executive Assistant service to Councilmembers was approved on December 12, 2020. This item was tabled at the February 27, 2023, APW committee meeting. This item was tabled at the March 13, 2023, APW committee meeting. Alternatives: Staff does not recommend awarding this work to Worxbee without having a clause to terminate the agreement for non-performance. An alternative would be to hire a part-time contractual employee in the City Manager's office using the allocated funds. Attachments: Evanston modified Worxbee Agreement Page 2 of 8 A6.Page 138 of 642 Worxbee.com | 844-410-0263 WXBST0201_2023 TERMS OF SERVICE (this “Agreement”) is effective as of __________________________ (the “Effective Date”) by and between WORXBEE, Inc. (“WXB”), a South Carolina corporation, and the individual and/or company receiving service (“Client”). WXB and Client are sometimes referred to hereinafter, individually, as a “Party” or, collectively, as the “Parties.” Client desires for WXB to provide administrative services to Client. through WXB’s Service Experts (the “Assistants”). NOW, THEREFORE, in consideration of the premises, the reciprocal covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Administrative Services. Service Package. In consideration of the fees payable by Client hereunder, WXB agrees to provide administrative services (the “Service Package”) to Client during the Term. The Service Package requested, the Term, and the fees to be charged for the Service Package are more fully described on completed Schedule A. Hours of Service WXB will provide the Service Package to Client during hours according to councilmember request. Service Package will begin on the Effective Service Start Date and continue until either Party terminates, as provided herein. Fees and Expenses. Fees. Set forth on Schedule A is a description of the compensation to be paid by Client to WXB in consideration of the delivery of the Service Package (the “Fees”). Client will be responsible for all applicable state or local sales or use taxes, duties and other imposts, if any, due on account of the purchase by Client of the Service Package. All Fees are non-refundable. Late Payment. Payment shall be made according to the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. Failure of Client to pay according to the terms of the statute may allow WXB, in its sole discretion, to pause or discontinue Services, and Client agrees to pay to WXB interest at the rate of 1% per month, or the highest rate allowed under applicable law. Client will reimburse WXB for all reasonable costs and expenses incurred (including reasonable attorneys’ fees and collection agency fees) in collecting any overdue amounts. Cancelation and Termination. This Agreement, and all payments due hereunder, may not be canceled during the Term set forth in the existing Schedule A. Thereafter a 45-day notice is requiredbe cancelled or terminated without cause upon 45-day notice. Payments made by Client pursuant to this Agreement are subject to sufficient appropriations made by the Evanston City Council. Should this Agreement be cancelled or terminated without cause, Client shall be responsible for payments according to Schedule A. This Agreement may be cancelled at any time for cause upon seven (7) days written notice. “For cause” shall be defined as repeated failures to render service, maintain communication or responsiveness or meet deadlines; or WXB or any of its agents engage in criminal conduct or other violation of law. WXB shall have thirty (30) days to cure repeated failures to render service, maintain communication or responsiveness or meet deadlines. If WXB fails to cure within thirty (30) days, Client may cancel or terminate this Agreement without further obligation or payment. Non-Sollicitation. During the Term and for a period of eighteen (18) months following the expiration or termination of the Term for any reason, Client agrees not to induce or attempt to induce, directly or indirectly, any Assistant with whom Client had Material Contact during the Term to perform services similar to those provided by WXB for any person or entity other than WXB. For purposes of this Agreement, “Material Contact”, with respect to an Assistant, means (i) any Assistant who performed any Services on behalf of Client pursuant to this Agreement or any other agreement between Client and WXB, or (ii) any Assistant to which Client was introduced by WXB and who provided Services to Client. In the event Client violates this Section 3, Client agrees to pay to WXB, as liquidated damages, the Page 3 of 8 A6.Page 139 of 642 Worxbee.com | 844-410-0263 WXBST0201_2023 amount equal to the amount WXB billed for the services of the Assistant during the last six (6) months prior to the Assistant terminating his or her relationship with WXB (or in the event there have been less than 6 months of services, pro-rated to 6 months), but not less than Twenty Thousand dollars ($20,000) per Assistant. The liquidated damages are in addition to any amounts owed under any other Section of this Agreement. Non-disclosures and Use of Confidential Information. During the Term and for a period of three (3) years thereafter (unless otherwise required under the laws or provided in this Agreement), each Party (including the assigned Assistant) agrees that with respect to all Confidential Information disclosed to it by the other Party that: (i) they will not use or disclose such Confidential Information for any purpose except as is necessary in connection with the rights granted to it or its performance of its obligations under this Agreement; and (ii) they will protect such Confidential Information from unauthorized use or disclosure by implementing commercially reasonable security measures. 4.1 “Confidential Information” means non-public information that is of value to the disclosing Party and is either marked or otherwise designated as “confidential”, or should be understood by a reasonable person to be confidential given the nature of the information and circumstances of disclosure. For the purpose of this Agreement, Client Confidential Information expressly includes information, content, and data in their original form that are provided, manually or automatically, to WXB by, or on behalf of, Client in connection with any WXB services (together, “Client Data”). WXB Confidential Information expressly includes Output Data, pricing information, business proposal(s), product or service information, audit reports, and/or financial records. 4.2 Notwithstanding the foregoing, Confidential Information does not include any information or data which: (a) now or hereafter is in the public domain as a result of acts not attributable to the receiving Party, (b) was in the possession of or known to the receiving Party prior to its receipt from the disclosing Party, or (c) is or becomes available to the receiving Party without restriction from a source other than the disclosing Party. 4.3 Client shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and IP ownership of and right to provide WXB all Client Data, and hereby warrants that it has and will continue to have all rights and consents necessary to allow WXB to use all such data as contemplated by this Agreement. Further, the Parties acknowledge that Client is solely responsible for the sensitivity of content, information, or data made available to WXB by Client in connection with the Service Package. To the extent any Client Data constitutes Client Personal Information, the Parties agree that terms in paragraph 6 below apply. No Ownership of Client Materials. Subject to the Standard Terms and Conditions, WXB acknowledges that at all stages of provision of WXB services, all content, materials or other intellectual property (including logos, trademarks, etc.) provided by or on behalf of Client to facilitate WXB’s provision of services (“Client Materials”) shall be and remain the sole and exclusive property of the Client. WXB will have no ownership or other rights to the finalized version of written materials, expense reports, and other deliverables prepared by Assistants for and on behalf of Client as a result of the Service Package. Data Privacy Compliance. To the extent any information provided to or collected by WXB constitutes “personal data”, “personal information” or “personally identifiable information” as defined in the applicable U.S. data privacy laws (“Personal Information”), the following terms apply: WXB shall not (i) "sell" or “share” Client Personal Information (as defined in the applicable U.S. data privacy laws); (ii) retain, use or disclose such Client Personal Information for any purposes other than for the business purposes of providing, delivering, and improving its services to Client under the Agreement or as otherwise permitted under the applicable U.S. data privacy laws (“Permitted Purposes”); (iii) retain, use or disclose such Client Personal Information for a commercial purpose other than the Permitted Purposes, or (iv) retain, use, or disclose such Client Personal Information outside of the direct business relationship between the Parties unless otherwise permitted under the Agreement. For purposes of complying with the California Page 4 of 8 A6.Page 140 of 642 Worxbee.com | 844-410-0263 WXBST0201_2023 privacy laws, WXB certifies that it understands the restrictions set out in this Section and will comply with these terms. Standard Terms and Conditions. This Agreement is subject to WXB’s Standard Terms and Conditions, which are attached hereto, and incorporated herein by this reference. Reporting Requirements. WXB shall report to the Client's designee according to the Notice provisions of this Agreement on a weekly basis the following: total number of hours used by the Client on a per- councilmember basis; and notice of when Client has reached 75 hours. Notice. Every notice or other communication to be given to Client with respect to this Agreement shall be in writing and shall not be effective for any purpose unless the same shall be served personally, through electronic means, or by United States Certified or registered mail, postage prepaid, addressed if to the Client as follows: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attention: Alison Leipsiger Page 5 of 8 A6.Page 141 of 642 Worxbee.com | 844-410-0263 WXBST0201_2023 Signature Page ___________________________________________________________________________ Signatory’s Legal Name ___________________________________________________________________________ Legal Entity Name ___________________________________________________________________________ Street Address Line ___________________________________________________________________________ Street Address Line 2 ___________________________________________________________________________ City, State, Zip ___________________________________________________________________________ Signatory’s Email ___________________________________________________________________________ Signatory’s Title ___________________________________________________________________________ Authorized Signature ___________________________________________________________________________ Date Signed Page 6 of 8 A6.Page 142 of 642 WXB’S STANDARD TERMS AND CONDITIONS Limitation on Liability. THE SERVICES ARE PROVIDED TO CLIENT PURSUANT TO THIS AGREEMENT ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTY (OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT) OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ESPECIALLY AS TO QUALITY, RELIABILITY, TIMELINESS, USEFULNESS, SUFFICIENCY AND ACCURACY. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED BY WXB. IN NO EVENT WILL WXB OR ANY OF ITS ASSISTANTS BE LIABLE TO CLIENT FOR ANY DAMAGES FROM LOSS OR USE OF DATA, LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE MAXIMUM AMOUNT OF DAMAGES (INCLUDING CLAIMS FOR INDEMNIFICATION PURSUANT TO SECTION 3 BELOW) FOR WHICH WXB WILL BE RESPONSIBLE TO CLIENT CANNOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO WXB PURSUANT TO THIS AGREEMENT. Force Majeure. If an event outside of the control of a Party (including, but not limited to, storms, pandemics, other acts of God, acts or omissions of government authorities, wars (either declared or undeclared), acts of terrorism, contractors or vendors, other industrial disturbances or unavailability of materials, equipment or labor, or material changes in applicable laws (including any change in state or federal law rendering it illegal, impossible, or untenable for a Party to perform as contemplated in this Agreement)) occurs and causes such Party to be unable to timely perform its obligations hereunder, then said Party will not be considered to have breached this Agreement and will not be in default in the performance of its obligations hereunder. Indemnification. Both parties agree defend, indemnify and hold harmless the other party, its affiliates and its respective directors, officers, shareholders, members, managers, partners, employees, Assistants, contractors and agents (collectively, “Indemnified Parties”) from and against any 3rd party claims, damages, losses or expenses (regardless of whether arising out of contract, tort or strict liability), including costs and reasonable outside attorneys' fees (collectively, “Claims”), incurred by any Indemnified Party and resulting from (i) any negligent or wrongful act or failure to act of the other party, its employees, contractors or agents in connection with its performance of its obligations under this Agreement or the Service Package Requested by the Client to be performed under this Agreement; or (ii) the uncured material breach by either party, its employees, contractors or agents of any covenant or obligation of Indemnifying Party under this Agreement or any other Agreement to which the either party, its employees, contractors, or agents are bound. In the event any Claim is caused by or arises out of the joint or concurrent negligence or wrongful acts of either party, such Claim will be borne by each party in proportion to its negligence or fault. IP Rights; Data Use: (i) Background IPR; Feedback. Each Party owns and retains all rights, title, and interests in and to, any pre-existing intellectual property rights (“IPR”) owned by such Party or licensed to such Party (other than by the other Party), prior to the effective date of this Agreement, or developed by such Party independent of this Agreement including any and all derivative works including modifications or enhancements to the same made before, during, and after the term of this Agreement (collectively, “Background IPR”). All rights not expressly granted to Client are reserved by WXB. WXB’ name, logo, trade names, or other designations of WXB, whether registered or unregistered (“WXB Marks”), are proprietary to WXB. WXB alone shall own all rights, title and interest in and to any suggestions, enhancement requests, feedback, or recommendations provided by Client or any third party relating thereto (“Feedback”). Feedback is provided “as-is” without warranty of any kind and Client shall have no liability for WXB’ use of Feedback. (ii) Client Data. As between WXB and Client, all Client Data is and shall remain the property of Client and/or its individual end-users that require Service Package, and Client retains any and all rights, title and interest in and to the Client Data. During the Term of this Agreement, Client hereby grants to WXB a royalty-free, fully paid, non-exclusive, non-transferable (except as set forth in Section 7(Assignment) below), sub-licensable, worldwide right and license to reproduce, use, process, transfer and store Client Data for the purposes of performing WXB’s obligations under this Agreement and any other activities agreed to by Client. (iii) Service Improvement. The Parties agree and acknowledge that WXB shall have the right to collect and analyze Client Data and other information relating to the provision, use and performance of various aspects of the Service Package and related systems and technologies (including, without limitation, any Assistants’ or End Users’ profile-, visit-, session-, impression-, click through- or click stream- data and any statistical or other analysis, information or data based on or derived from any of the foregoing). WXB will have the right (during and after the Term hereof) to (i) use such derived dataset to improve and enhance the Service Package and for other development, diagnostic and corrective purposes in connection with the Service Package and other WXB offerings, and (ii) to produce analyses, data and/or reports that derive from and/or relate to the data processed through the Service Package that is in aggregated and/or deidentified form in connection with its business purposes; provided that such aggregated and de-identified dataset will not identify any Client and/or any individuals (such derived dataset upon aggregation and deidentification is collectively referred as “Output Data”). WXB owns all right, title, and interest, including all IPR, in and to the Output Data, which is the Confidential Information of WXB. No licenses to such Output Data are granted to Client, whether express, implied, by estoppel or otherwise. Notices. All notices, consents, acknowledgments, requests, updated Terms & Conditions, or other communications required or permitted hereunder must be in writing and delivered by: (i) hand delivery; (ii) a nationally recognized overnight delivery service; (iii) United States mail, certified, postage prepaid, and return receipt requested; or (iv) facsimile or email at the email address shown on this Agreement. The addresses of the Parties for delivery of any such notices, consents, acknowledgments, requests or other communications are set forth under the signatures of their authorized representatives, provided that any Party may change its address by giving notice to the other Party in accordance with this Section. Notices, consents, requests, acknowledgments or other communications will be deemed delivered and received when actually hand delivered if sent by method number (i) above; the next business day after if sent by method number (ii) above; three (3) days after mailing if sent by method number (iii) above; and the next business day after receipt, if sent by method number (iv) above. Governing Law and Jurisdiction. This Agreement is governed by and must be construed in accordance with the law of the State of Illinois (other than its principles of conflicts of laws). Each Party: (i) agrees and consents to the exclusive jurisdiction of any court located in Cook County, Illinois (the “Venue”) with respect to any claim or cause of action, whether in law or equity, including specific performance and interpleader, arising under or relating to this Agreement (a “Dispute”); (ii) agrees and consents that if a “business court” is available in the Venue, it will cooperate and consent to the jurisdiction of such business court over any Dispute; (iii) waives personal service of any and all process upon it, and consents that all services of process may be made by certified or registered mail, postage pre-paid and return receipt requested, to its address as designated pursuant to Section 5 above; (iv) waives trial by jury and any objection based on forum non conveniens and waives any objection to venue of any Dispute; and (v) agrees that a final judgment in any Dispute will be conclusive and may be enforced in any other jurisdiction by suit on a judgment or in any other manner provided by law. Nothing in this Section will affect the right of any Party to serve legal process in any other manner permitted by law. To the extent that any Party has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process with respect to itself or its property, such Party waives (to the fullest extent permitted by applicable law) such immunity in respect of its obligations hereunder. Assignment. Neither Party to this Agreement is entitled to assign, delegate or sublet this Agreement or any of its rights or obligations under this Agreement to any third party, either voluntarily or involuntarily, without the consent of the other Party, which consent may be granted or withheld in the consenting Party’s sole discretion. Notwithstanding the foregoing, WXB may assign, delegate or sublet its rights and obligations under this Agreement: (i) to any of its affiliates; or (ii) in connection with (a) a merger or consolidation of it into or with another person or entity, (b) a sale or assignment of substantially all its assets to another person or entity or (c) any other transaction which results in another person owning substantially all of its assets; or (iii) as collateral in connection with a loan to or guaranteed by it. For the purposes of this Section, any transaction, or series of transactions whereby the persons who own the equity interests in any Party to this Agreement as of the effective date above, transfer more than fifty percent (50%) of such equity interests to another person or persons is deemed an assignment by that Party of its rights or obligations under this Agreement. Time. In computing any period of time prescribed or allowed by this Agreement, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included, unless it is a Saturday, a Sunday or a holiday for State or Federal courts in the State of South Carolina in which event the period will run until the end of the next day which is not a Saturday, Sunday or a holiday for State or Federal courts in the State of South Carolina. Execution. This Agreement embodies the entire understanding among the Parties pertaining to the subject matter hereof, and all prior agreements and understandings of the Parties, whether written or oral, are superseded by this Agreement. It may not be amended, changed or modified except in writing executed by all Parties. It is binding upon, will inure to the benefit of, and will be enforceable by and against each of the Parties and their respective successors and permitted assigns. It may be executed in multiple counterparts, each of which will constitute an original and all of which will constitute one agreement. If this Agreement is signed and transmitted by facsimile or other form of electronic transmission, it will be treated as an original document. Each of the Parties agrees to execute, deliver, acknowledge or supply such further documents, instruments and assurances consistent herewith that are reasonably necessary or appropriate to carry out the full intent and purposes of this Agreement. Any person executing this Agreement in a representative capacity on behalf of any Party, hereby represents and warrants to the other Parties that it has implied or express authority to enter into this Agreement on behalf of such Party which it represents. Waiver. No waiver of any breach of any covenant contained herein will operate as a waiver of any subsequent breach of the same covenant or as a waiver of any breach of any other covenant. In the case of any breach the non-breaching Party may nevertheless accept from the other any payment or performance without waiving its right to exercise any remedy provided with respect to any such breach. No failure of any Party to exercise any power given herein or to insist upon strict compliance with any covenant contained herein and no custom or practice, which varies from the terms hereof, will constitute a waiver of such Party's right to demand exact compliance with the terms hereof. The waiver by any Party of a breach of any covenant contained herein will be made only by a written waiver in each case, and no such waiver will operate or be construed as a waiver of any prior or subsequent breach. Page 7 of 8 A6.Page 143 of 642 Schedule A: I am signing up with Worxbee for a 12-month initial service term of 80-active hours of service per month at a rate of $5,616.00 per month. The total service cost I must pay to fulfill my initial service term agreement is $67,392.00, not including approved monthly overage hours. After the initial 12-month service term with a total service cost of $67,392.00, my service will automatically transfer to a month-to-month service term. If I cancel or terminate without cause as defined in the Agreement before the end of my initial service term or any amended service term, I agree to pay any balance remaining on the total service cost upon notice of cancellation. To cancel service during a month-to-month service term, I agree to give at least a 45-day notice. Unused service hours from one month do not roll over to the next month. All monthly service payments are due in advance to cover service in the following month and will be invoiced on the 1st of each month and must be paid within 15 calendar days after receipt of the invoice. My first month of service will be prorated to provide a credit if needed to align my payments to the 1st of the month. Any credit due from a prorated first month will be applied against the 3rd month of service. Payment for the 1st month of service is due prior to beginning the pairing process. In the event that monthly service is then scheduled to begin in the same month that the first invoice is dated, an additional month of service will be invoiced with payment due by no later than the last day of that month or within 15 calendar days after receipt of the invoice (whichever is sooner) to meet the requirement that payment be received in advance to cover service in the following month. Payments due for approved overages will be invoiced separately between the 1st and 15th of the month for overages from the prior month. All overages must be approved in writing (email, text, direct message, etc.) directly with my Assistant. The onboarding period takes an average of 10 calendar days to complete from the initial Welcome to Worxbee email. As a courtesy, the $650 onboarding fee covers up to 1 month of onboarding following the date of that email. If I have not selected all of my Assistants in that period, I will be invoiced an additional $650 onboarding fee once per month until all Assistants are selected. Requests to decrease monthly hours that do not fall below the minimum monthly hours allowed for my service type may be submitted after 3 months of service based on the service start date, but the total service cost of the initial service term or any amended service term must still be met. Requests must be submitted by the 5th of the month to be effective on the 1st of the following month. Requests to increase monthly hours may be submitted at any time. Requests must be submitted by the 5th of the month to be effective on the 1st of the following month. If your Assistant agrees to increase monthly hours immediately at the time of the request, the additional hours in that month will be invoiced as overage hours until billing is updated for future ongoing payments. Requests to increase monthly hours increase the total service cost, but do not decrease the total service term. Page 8 of 8 A6.Page 144 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Paul Polep, Fire Chief CC: Christopher Voss Subject: Approval of the sole-source purchase and programming of 10 Motorola APX6000xe Public Safety VHF radios from Chicago Communications, LLC., and Motorola Solutions Date: March 27, 2023 Recommended Action: Staff recommends that City Council authorize the City Manager to agree to a sole source purchase (10) ten of from radios VHF Safety Public Chicago Motorola APX6000xe Communications, LLC. (200 Spangler Ave, Elmhurst, IL 60126) and Motorola Solutions, Inc. (13108 Collections Center Drive, Chicago, IL 60693) at the total cost of $40,913.50. A Sole Source purchase requires a 2/3 vote of the Councilmembers. Funding Source: This Account Fun, System Telephone Emergency be to allocated will expense the 205.22.5150.65515 "Other Improvements." This account has an FY 2023 budget of $450,000 with $390,896.04 remaining YTD. Council Action: For Action Summary: The Evanston Fire Department's fleet of Motorola APX4000 radios is reaching the end of its lifecycle and needs replacement. Staff recommends replacing the radios with Motorola APX6000xe for operational continuity and consistency. The Evanston Fire Department began using APX6000xe radios in 2018 after receiving them in a MABAS Division 3 grant. Chicago Communications LLC is the sole source provider of Motorola APX radios in our geographic region. Chicago Communications LLC will install and program the radios but has requested the City pay Motorola Solutions, Inc. (13108 Collections Center Drive, Chicago, IL 60693) directly for the purchase totaling $40,913.50. A7.Page 145 of 642 Attachments: APX6000xe Quote from Chicago Communication LLC Chicago Communications Sole Source Justification Page 2 of 5 A7.Page 146 of 642 ID ID APXGOOOXE APXGOOOVHF MHZ MODEL 25 PORTABLE ADD ADP ONLY (NON—P25 CAP COMPLIANT)(US ONLY) ENH APXGOOOXERUGGED RADIO ADD:CONVENTIONALOPERATIONALTIMPACTGREENHOUSINGADDASTRODIGITALCAIOPERATIONBATTIMPRES2LIIONTIA495ORIP683100TDEVICEPROGRAMMINGProgramming.need one perradio Any sales folowlMolnvnla‘squoteI:basedanandsubjeun:malermsandcontinuousal«novalidandexecutedwnnentarmac!betwunCuswmcrandMrmrolamu"Underlying Aqmmcm")thatamhonxe s uslnmertopurchaseequpmemIndia!servucuavIncensesakwale(colecuvelyProducts”).unoUndufylAgreementum:belweenMolaraandCuslnmevmenMouwol.- H TermsavUsaandMelanin‘:SlandavdTenn:andCondition!clSalesandSupplymugavemIhepwzhase:1mePum Motorola Inc590WestMonroe.UmledSula:-50661-N‘36-1115300 $3,595.00 $2300.80 $23.008.00 $0.00 $0.00 $0.00 $380.00 $563.20 $5,632.00 $306.00 $306.00 -$3,060.00 $550.00 $352.00 $3,520.00 $28.00 $17.92 $179.20 $213.15 $138.55 $1,385.50$50.00 $50.00 $500.00$40,913.50(USD) Quote Date:02/09/2023 Expiration Date:04/10/2023 Quote Created By: Todd Niccum tniccum@chicomm.com End Customer: EVANSTON FIRE DEPT,CITY OF Chris Voss cvoss@cityofevanston.org Contract:35622 -Cook County I 1a 1b 1d1e APXT“6000 Series H98KGF9PW6BN Q667BB QAOZOOGAA H35BUQAO1427ABQBOSBMPMNN4547ALSVDOQOOZOZAGrandTotal Shipping Address: EVANSTON FIRE CITY OF 909 LAKE ST EVANSTON,IL 6 0 2 0 1 US BillingAddress: EVANSTON FIRE CITY OF 909 LAKE ST EVANSTON.IL 60 20 1US OLASOLUTIONS VH F P 2 5 APX6 000X E P a g 1 ItemPage 3 of 5A7.Page 147 of 642 Any salgs I l VolowmMutoinlisquote5basedonandsubyecltothetermsandtond?uwls5'mevalidandexecutedwnlttncomraclbelweenCustomerandMotorola(Inc"Unde?ylngAgeemen l ) Iha I aumo nzes uslomerInputhaseeqwpmenlandlots:M<:salicensesunware(culecvvelyProducts").unoUndedylAgreementemubetweenMotorolaandCustomermenMmmnazS t a n d a r d Tumsu1UseandMaIomIa'ssum-uYermsandondmonsorSalesandsuppsyshallgavemmepuvchasaolthePrum. Manuela In:5DDWaslMamueUnlledStale:-60661IJ$I||5BDO Notes: 0 Unless noted,thisquoteexcludessalestaxorotherapplicabletaxes(suchasGoodsandServicesTax, salest a x . Va lu e AddedTaxandothertaxesofasimilarnature).Anytaxthecustomerissubjecttowillbeaddedto Invoices. VH P 2 5 APX6 000X E P a g 2Page 4 of 5A7.Page 148 of 642 SOLE SOURCE JU ST IFI C AT IO N (Requester completes AandB) SECTION A -SOLE SOURCE PURCHASE: Complete if sole source purchase is $1,500 or over,com petit ion isnotavailable.SoleSource approvals are valid one year from approval date,unl ess sp eci ?e d elsewhere. RequisitionNo.(if applicable):| Am oun t: s4o . 91a .5o |Date:3/13/2023 Supries/Services Required(be SpeCIf££F’ortabIeradios pro gra mm ing Proposed Vel'lCIOI'ChlcagoCommunications.LLC. Re uested byzpaurPolep Dep t: Fl ra Depart mentJusti?cation prepared by:ChrisIopherVoss Dep t: P ol lc e- C o m m u ni ca ti o ns Ext:sass Check One:The requested supply/serviceis a sole s procu reme nt dueto: AVAILABILITYIONEOF A KIND— No competitiveproduct exists or is available fr o m an ot he r vendor. COMPATIBILITY— Must match existing piece or brand of equipmen t a n d isavailablefromonlyonevendor. REPLACEMENTIMAINTENANCE- Repair or maintenance for speci?c brand of exi stin g equi pme nt andisavailablefromonly on inal equipmentmanufacturer or designated dealer. OTHER -Provide below full explanations,deta ils, co mpl ete descriptions,andrelevant reasons to su ort the sole source 'usti?cation:El SE T ION B -RE TER CERTIFICA TION: Bysubmittin g thisrequest,Icertifythattheabove ?~2r23 (Date) SECTIO C -TO I E:COMPLETED BY P AGENT: Based on the information provided in Secti on Aandattachedsupportingdocuments, I concur El /do not concur (see below)purch ase tobeaSoleSource. Do not concur for the followin reason 5 : 'nture of Purchasin Ven dor No: 1oo 9a7 Ext:S e ct io n 19,Pg.9 E x h 9Page 5 of 5A7.Page 149 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: David Stoneback, Deputy City Manager Subject: Approval of the Fourth Amendment to the Base Contract for the Sale and Purchase of Natrual Gas Date: March 27, 2023 Recommended Action: Staff recommends the City Council authorize the City Manager to execute the Fourth Amendment to the Base Contract for the Sale and Purchase of Natural Gas with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX 77056) for the purchase of natural gas for 16 City-owned buildings Funding Source: The cost of natural gas is billed to the various accounts that support the buildings that are purchasing natural gas through this contract. Please see attached Exhibit 1, which lists the buildings served by this agreement and the accounts being charged. CARP: Municipal Operations Council Action: For Action Summary: Nicor will be implementing a new tariff effective May 1, 2023. As a result, Nicor will require daily balancing and storage levels at defined levels each month, as indicated in the document provided to Evanston by Twin Eagle, the City's natural gas supplie r. Staff recommends approval of the proposed amendment as It will be beneficial for the City to be in a pool with other customers to provide a large overall balance plus some customers will inherently be offsetting each other. Northwestern University and several other larger customers of Twin Eagle are pooling together to help avoid the new tariff risks. BACKGROUND: A8.Page 150 of 642 In 2011, the City Council authorized the City Manager to execute an Agency Agreement with Northwestern University to manage the City's natural gas purchase for 16 City-owned buildings and to execute an agreement with Twin Eagle Resource Management for the procurement of natural gas for these 16 buildings. Partnering with Northwestern University for the purchase of natural gas from Twin E agle has been very beneficial to the City. The City is currently under contract with Twin Eagle through August 31, 2026, to purchase approximately 70% of the average natural gas usage used by the City each month, with the remaining needed natural gas being pulled from storage or purchased at daily gas purchase price. The price for the guaranteed purchase amount is $3.18 per MMBTU. Since August 2021, the daily purchase price has been higher than the guaranteed price, with the peak daily purchase price of $8.79 per MMBTU in September 2022. Attachments: Fourth Addendum to Contract for Sale & Purchase of Natural Gas Twin Eagle presentation on Nicor Tarriff Change exhibit 1 Page 2 of 11 A8.Page 151 of 642 FOURTH AMENDMENT TO THE BASE CONTRACT FOR SALE AND PURCHASE OF NATURAL GAS THIS FOURTH AMENDMENT TO THE BASE CONTRACT FOR SALE AND PURCHASE OF NATURAL GAS (“Amendment”) is made and entered into effective as of the ___ day of ________, 2023, by and between TWIN EAGLE RESOURCE MANAGEMENT, LLC (“Twin Eagle”) and CITY OF EVANSTON (“City of Evanston”), referred to herein collectively as “Parties” and singularly as a “Party”. WITNESSETH THAT: WHEREAS, the Parties have made and entered into that certain Base Contract for Sale and Purchase of Natural Gas dated April 20, 2011, herein referred to as the “Contract”. WHEREAS, Northern Illinois Gas Company dba Nicor Gas Company (“Nicor”) is a Transporter, as defined in the Contract, utilized for transactions under the Contract; WHEREAS, the Illinois Commerce Commission (“ICC”) has approved changes to Nicor’s tariff effective April 1, 2023; and WHEREAS, the Parties desire to amend the Contract as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and, in the Contract, the Parties do hereby covenant and agree as follows: I. Amendment of the Contract. Effective as of April 1, 2023, the following provisions set forth in the Contract shall be amended as follows: 1. The following provision is added after the last sentence in Section 4.2: “Twin Eagle shall place City of Evanston in one of Twin Eagle’s designated pools at Twin Eagle’s sole discretion to minimize any balancing charges. Twin Eagle shall provide a storage value for City of Evanston’s allocated capacity no later than May 1 of the applicable year for each June 1 to May 31 time period under the Contract. Twin Eagle shall have the right to sell and or buy daily supply for City of Evanston to balance the account daily.” 2. The following provision is added to the end of the last sentence in Section 4.3: “;provided, however, effective April 1, 2023, Twin Eagle shall bear exclusive and full financial responsibility, and shall pay Nicor or reimburse City of Evanston for any imbalance, cash-outs or penalties as a result of nominations not being within the parameters as defined by Nicor. Notwithstanding the foregoing, Twin Eagle shall bear no financial responsibility if City of Evanston (i) fails to provide timely information regarding material operational changes which affect use or (ii) fails to provide accurate data resulting in incremental costs to our customer pool. In the event of such failure by City of Evanston, City of Evanston shall be responsible for its resulting direct costs. Twin Eagle shall provide contact information for after hour and weekend/holiday changes.” Except as amended herein, all of the terms, provisions, covenants, and conditions contained in the Contract shall remain in full force and effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the Parties hereto, their heirs, representatives, successors, and assigns. Page 3 of 11 A8.Page 152 of 642 2 IN WITNESS WHEREOF, this Amendment is executed and effective as of the date first written above and shall be binding upon each Party who executes same. TWIN EAGLE RESOURCE MANAGEMENT, LLC CITY OF EVANSTON By: By: Name: Name: Title: Title: Date: Date: Page 4 of 11 A8.Page 153 of 642 Confidential – Not For Distribution NICOR TARRIFF CHANGE ICC Docket 20-0606 Filed:June 30, 2020 Approve:May 13, 2021 Signup: February 1, 2022 Effective:May 1, 2022Page 5 of 11A8.Page 154 of 642 Confidential – Not For Distribution NICOR TARRIFF CHANGE HIGHLIGHTS © 2021 Twin Eagle Resource Management 2 •Rate 25 accounts will either move to a rate 74, 75, 76, 77 or rate 4 rider 15, rate 5 rider 15 and have electronic usage monitoring installed or go to NICOR system supply. •All customers will be assigned 30 times their MDCQ for SBS Capacity calculation. •Critical days will remain the same $6/therm penalty and accounts reviewed individually. •Requested authorized use gas will no longer be available. •Excess Storage penalties will no longer exist and the volumes will be cashed-out. •Transfers of SBS and FBS will no longer be available. •If customers change suppliers they will be assigned a storage volume that will transfer with them. •No trading of stored gas will be allowed.Page 6 of 11A8.Page 155 of 642 Confidential – Not For Distribution NICOR TARRIFF CHANGE HIGHLIGHTS © 2021 Twin Eagle Resource Management 3 New storage rules Variance from Minimum Storage Parameter Variance from Maximum Storage Parameter NICOR Buys Customer/Supplier at:NICOR Sells Customer/Supplier at: Tier 1 -5% to 0% 0 to +5% 100% of the lower of: monthly GC or index price 100% of the higher of: monthly GC or index price Tier 2 -10% to 0<-5%% >+5% to +10% 85% of the lower of: monthly GC or index price 115% of the higher of: monthly GC or index price Tier 3 <-10% >+10% 60% of the lower of: monthly GC or index price 140% of the higher of: monthly GC or index price Minimum Maximum January 35% 45% February 10% 25% March 0% 10% April 0% 10% May 10% 20% June 20% 30% July 30% 40% August 50% 60% September 70% 80% October 85% 100% November 75% 90% December 55% 70% End of Month Percentages Monthly storage balances that are in excess or less than these percentages will be cashed out.Page 7 of 11A8.Page 156 of 642 Confidential – Not For Distribution NICOR TARRIFF CHANGE HIGHLIGHTS © 2021 Twin Eagle Resource Management 4 Daily Storage Activity Daily Injection/Withdrawal Percentages of SBS Capacity Max INJ.Max W/D January .30% 1.00% February .30% .85% March .30% .60% April .30% .30% May .45% .30% June .50% .30% July .45% .30% August .70% .30% September .70% .30% October .70% .30% November .30% .40% December .30% .85% Variance from Minimum Storage Parameter Company Buys from Customer/Supplier at Company Buys from Customer/Supplier at Tier 1 0 to +10% 100% of the lower of: monthly GC or index price 100% of the higher of: monthly GC or index price Tier 2 >+10% to +20% 85% of the lower of: monthly GC or index price 115% of the higher of: monthly GC or index price Tier 3 <+20% 60% of the lower of: monthly GC or index price 140% of the higher of: monthly GC or index price Daily Cash-Out PricesPage 8 of 11A8.Page 157 of 642 Confidential – Not For Distribution NICOR TARRIFF CHANGE HIGHLIGHTS © 2021 Twin Eagle Resource Managment 5 Intra- Day Nomination Costs •There will be a new price for making intra day nomination changes Nomination Decrease (Therms)Fee (per therm) Level 1 30,001 – 50,000 10% of the lower of: monthly GC or index price Level 2 50,001 – 150,000 20% of the lower of: monthly GC or index price Level 3 >150,000 40% of the lower of: monthly GC or index pricePage 9 of 11A8.Page 158 of 642 Confidential – Not For Distribution THANK YOU! Twin Eagle Headquarters 8847 West Sam Houston Pkwy, North Houston, Texas 77040 Main: (713) 341-7300 Fax: (713) 341-7303 TwinEagle.com Photograph by George Courcier Alaska – Homer Twin Eagles Twin Eagle Representative Name 1234 Address City, State, 77007 Phone: (713) 341-7300 Email: first.last@twineagle.com Twin Eagle Canada 1750 111 5th Avenue SW Calgary, Alberta T2P 3Y6 Main: 403.984.5353 Fax: 403.984.5351 Denver 1200 17th Street, Suite 610 Denver, CO 80202 Main: 303.568.3242 Fax: 303.568.3250 Wisconsin 100 West Lawrence Street Appleton, WI 54911 Main: 920.831.2525 Toll-Free: 866.233.9339 Fax: 920.831.2550Page 10 of 11A8.Page 159 of 642 Exhibit 1 City Owned Buildings supplied Natural Gas under Contract with Twin Eagle #Facilities Address Account 1 Account 2 1 Levy Center 300 Dodge Ave.Evanston,IL 3055 2 Crown Center 1701 Main St.Evanston,IL 3330 (25%)3095 (75%) 3 Fire #2 702 Madison Ave.Evanston,IL 2305 4 Public Library 1703 Orrington Ave.Evanston,IL 4840 5 Water Plant Htg 531 Linccoln Ave‘Evanston,IL 7105 6 Chandler Center 1030 Central St.Evanston,IL 3035 7 Fleetwood Center 1655 Foster Ave‘Evanston,IL 3040 8 Fleet Services 2020 Asbury Ave.Evanston,IL 2610 9 Civic Center 2128 Ridge Ave.Evanston,IL 2677 10 Fire #3 1105 Central St.Evanston,IL 2305 11 Police Station 1454 Elmwood Ave.Evanston,IL 2205 (50%)2305 (50%) 12 Service Center 2020 Asbury Ave.Evanston,IL 2610 13 Noyes Center 927 Noyes St.Evanston,IL 3710 14 Recycling Center 2222 Oakton St,Evanston,IL 7690 15 Fire #5 2830 Central St.Evanston,IL 2305 16 Fire #1 1332 Emerson St,Evanston,IL 2305 Page 11 of 11 A8.Page 160 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sat Nagar, Senior Project Manager CC: Edgar Cano - Public Works Agency Director; Lara Biggs - City Engineer Subject: Resolution 24-R-23, Authorizing the Mayor to Sign a Joint Funding Agreement for State-Let Construction Work for Federal Participation with Illinois Department of Transportation to Commit Matching Funds for the Main Street Improvements Project. Date: March 27, 2023 Recommended Action: Staff recommends the adoption of Resolution 24-R-23, Authorizing the Mayor to Sign a Joint Funding Agreement for State-Let Construction Work for Federal Participation with the Illinois Department of Transportation to Commit Matching Funds for the Main Street Improvements Project. Funding Source: Adoption of this resolution will allow Evanston to receive $2,000,000 in Illinois Transportation Enhancement Program (ITEP) funding and commits Evanston for matching funds in the amount of $4,734,590 for the project, which includes Metropolitan Water Reclamation District (MWRD), Invest in Cook Grant Funds, Chicago Avenue TIF & GO Bond Funds. A detailed funding summary is provided below. CARP: Transportation & Mobility Council Action: For Action Summary: The Main Street Improvement Project between Maple Avenue and Hinman Avenue is a streetscape and full corridor improvement project for the Main Street business district. Corridor improvements consist of ADA sidewalk and curb ramp improvements, pedestrian crossings (including a mid-block raised crosswalk), traffic signal modernization, streetscape elements, A9.Page 161 of 642 green infrastructure in the form of porous pavement parking lanes, landscaping, and pavem ent improvements. On September 29, 2020, City Council approved Resolution 78-R-20, which authorized the City to apply for a $2M grant from the Illinois Transportation Enhancement Program (ITEP). The City was successful in winning this grant. Because the Illinois Department of Transportation (IDOT) is responsible for administrating the grant funds, they will be responsible for bidding on the construction contract and managing the contractor throughout construction. Patrick Engineering has completed Phase I & II Engineering, and the construction plans and specifications have been submitted to IDOT. This project is tentatively scheduled for the April IDOT Letting. On September 12, 2022, the City Council approved Resolution 75-R-22, which provided the legally required authorization allowing the mayor to sign a joint funding agreement with the IDOT, allowing Evanston to receive $2,000,000 in ITEP funds. However, IDOT has requested a new resolution updating the required local matching funds based on the final c onstruction cost estimate. The funding for the construction portion of the project is as follows: Legislative History: On October 22, 2018, City Council awarded the Phase I Engineering contract for the Main Street Improvements Project to Patrick Engineering. On March 9, 2020, City Council approved the Phase II Engineering contract for the Main Street Improvements Project to Patrick Engineering. On September 29, 2020, City Council approved Resolution 78 -R-20, authorizing the City Manager to apply for the ITEP grant funds from the Illinois Department of Transportation. On September 12, 2022, City Council approved Resolution 75 -R-22, Authorizing the Mayor to Sign the Joint Funding Agreement. Attachments: Resolution 24-R-23 Page 2 of 15 A9.Page 162 of 642 Joint Funding Agreement for State-Let Construction Work Page 3 of 15 A9.Page 163 of 642 24-R-23 A RESOLUTION Authorizing the Mayor to Sig n a Joint Funding Agreement for State-Let Construction Work for Federal Participation with the Illinois Department of Transportation to commit matching funds for the Main Street Improvements Project WHEREAS, the City of Evanston seeks to utilize Illinois Transportation Enhancement Program (ITEP) grant funds to make corridor improvements to Main Street between Maple Avenue and Hinman Avenue, said improvement to be identified as Illinois Department of Transportation (IDOT) State Section Number: 19-00283-00-PV and Project Number: QLBY(269) hereinafter referred to as the “Project”; and WHEREAS, said corridor improvements consist of ADA sidewalk and curb ramp improvements, pedestrian cross, traffic signal modernization, streetscape elements, and pavement improvements; and WHEREAS, the State of Illinois and the City of Evanston intend to use ITEP funds committed to fund the Project; and WHEREAS, the use of these funds requires the City to enter into the Joi nt Funding Agreement for State-Let Construction Work; and WHEREAS, the ITEP fund source requires a match of the local funds by the City of Evanston; and WHEREAS, the City Council of the City of Evanston hereby determines it is in the best interests of the City to enter into the Joint Funding Agreement for State-Let Page 4 of 15 A9.Page 164 of 642 24-R-23 ~2~ Construction Work for Federal Participation with the Illinois Department of Transportation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLIN OIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is authorized to allocate Four Million Seven Hundred Thirty Four Thousand Five Hundred Ninety Dollars ($4,734,590.00) or as much needed to match the required funding to complete the proposed improvements and furthermore agree to pass a supplemental resolution if necessary to appropriate additional funds for completing of the project. SECTION 3: The Mayor is hereby authorized to sign the Joint Funding Agreement for State-Let Construction Work with the Illinois Department of Transportation for funding participation for the Project between the City of Evanston and the Illinois Department of Transportation, attached hereto as Exhibit A. SECTION 4: That this Resolution 24-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Page 5 of 15 A9.Page 165 of 642 24-R-23 ~3~ Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: _______________________________ Nicholas Cummings, Corporation Counsel Page 6 of 15 A9.Page 166 of 642 24-R-23 ~4~ EXHIBIT A Joint Funding Agreement for State-Let Construction Work Between the City of Evanston and the Illinois Department of Transportation Page 7 of 15 A9.Page 167 of 642 Page 8 of 15 A9.Page 168 of 642 Page 9 of 15 A9.Page 169 of 642 Page 10 of 15 A9.Page 170 of 642 Page 11 of 15 A9.Page 171 of 642 Page 12 of 15 A9.Page 172 of 642 Page 13 of 15 A9.Page 173 of 642 N MAPLE AVENUEELMWOOD AVENUESHERMAN AVENUECUSTER AVENUECHI CAGO AVENUEHI NMAN AVENUEMAIN STREET MAIN STREET FROM MAPLE AVE TO HINMAN AVEPage 14 of 15A9.Page 174 of 642 ADDENDA 3 – LPA APPROPRIATION RESOLUTION Please attach the completed/signed LPA Appropriation Resolution Please note: The resolution must be approved prior to, or concurrently with, the execution of this agreement. If BLR 09110 or BLR 09120 are used to appropriate local matching funds, attach these forms to the signature authorization resolution. Page 15 of 15 A9.Page 175 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Paul Polep, Fire Chief Subject: Resolution 25-R-23 Authorizing the City Manager to Execute the Collective Bargaining Agreement Between the City of Evanston and Evanston Fire International 742 No. Association Fighters Local Association of Firefighters, AFL-CIO-CLC Date: March 27, 2023 Recommended Action: Staff recommends adoption of Resolution 25-R-23 authorizing the City Manager to execute the collective bargaining agreement between the City of Evanston and Evanston Fire Fighters Association Local No. 742 International Association of Firefighters, AFL-CIO-CLC CARP: Municipal Operations Council Action: For Action Summary: Staff recommends the adoption of Resolution 25-R-23, authorizing the City Manager to execute the successor collective bargaining agreement between the City and the Evanston Fire Fighters Association Local No. 742 International Association of Fire Fighters ("IAFF"). The successor contract is effective January 1, 2023, and runs through December 31, 2026. The contract includes gross wage increases of 20% over the life of the contract for members of IAFF; revisions to the salary schedules for certain positions; changes to holidays and compensatory time; changes to sick leave rules; amendments to the promotion process, and allowances for paid leave for training. Attachments: Resolution 25-R-23 contract execution with IAFF 2023-2026 IAFF_COE CBA REDLINE (FINAL) A10.Page 176 of 642 3/27/2023 25-R-23 A RESOLUTION Authorizing the City Manager to Execute the Collective Bargaining Agreement Between the City of Evanston and Evanston Fire Fighters Association Local No. 742 International Association of Fire Fighters, AFL-CIO-CLC WHEREAS, the City of Evanston (the “City”) and the Evanston Fire Fighters Association Local No. 742 International Association of Fire Fighters (the “IAFF”) entered into a Collective Bargaining Agreement (“Agreement”) in February 2019; and WHEREAS, the Agreement and its terms expired December 31, 2022; and WHEREAS, pursuant to the Agreement, representatives of the City and IAFF, according to the terms of the contract, met and bargained in good faith on the terms of a successor agreement; and WHEREAS, the City and IAFF have reached a tentative agreement. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Collective Bargaining Agreement between the City of Evanston and Evanston Fire Fighters Association Local No. 742 International Association of Fire Fighters, AFL-CIO-CLC is hereby approved. The term of the Agreement shall be from January 1, 2023, to December 31, 2026. Page 2 of 158 A10.Page 177 of 642 25-R-23 ~ 2 ~ SECTION 2: The City Manager is hereby authorized and directed to execute the Collective Bargaining Agreement on behalf of the City of Evanston. SECTION 3: This Resolution 25-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 3 of 158 A10.Page 178 of 642 AGREEMENT Between CITY OF EVANSTON, ILLINOIS And EVANSTON FIRE FIGHTERS ASSOCIATION LOCAL NO. 742 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO-CLC January 1, 2023 through December 31, 2026 Page 4 of 158 A10.Page 179 of 642 2 Table of Contents ARTICLE I 2 Recognition and Representation 2 Section 1.1. Recognition and Representation.2 Section 1.2. Probationary Employees.2 ARTICLE II 3 Union Membership and Checkoff 3 Section 2.1. Checkoff.3 Section 2.2. Indemnification.3 ARTICLE III 4 No Discrimination 4 Section 3.1. General.4 Section 3.2. Political Activity.4 ARTICLE IV 5 Management Rights 5 ARTICLE V 6 Seniority 6 Section 5.1. Definition.6 Section 5.2. Layoff and Recall.6 Section 5.3. Vacation Selection on Scheduling Vacation.6 ARTICLE VI 7 Grievance Procedure 7 Section 6.1. Definition of Grievance.7 Section 6.2. Grievance Committee: Stewards.7 Section 6.3. Grievance Timing.7 Section 6.4. Time Limits.9 Section 6.5. Investigation and Discussion.9 Section 6.6. Civil Service.9 Section 6.7. Disciplinary Meetings.9 Section 6.8. Disciplinary Grievances.9 ARTICLE VII 11 No Strikes – No Lockouts 11 ARTICLE VIII 12 Leaves of Absence 12 Page 5 of 158 A10.Page 180 of 642 3 Section 8.1. Union Leave.12 Section 8.2. Short-Term Military Leave.12 Section 8.3. Active Military Service.12 Section 8.4. Education Leave.13 Section 8.5. Personal Leave.13 Section 8.6. Family and Medical Leave.13 Section 8.7. Maternity Leave.16 ARTICLE IX 18 Wages and Benefits 18 Section 9.1. Salary Schedules.18 Section 9.2. Paid Holidays.18 Section 9.3. Paid Vacations.19 Section 9.4. Use of Banked Vacation Time.20 Section 9.5. Sick Leave.21 Section 9.6. Funeral Leave.22 Section 9.7. Jury Duty.22 Section 9.8. Uniforms.23 Section 9.9. Educational Pay.24 Section 9.10. Longevity Pay.25 Section 9.11. Paramedic Differential.25 Section 9.12. Five-Day Employees.25 Section 9.13. Pay Differential.26 Section 9.14. Special Team Leaders 26 Section 9.15. EMS/Paramedic Shift Coordinator.28 Section 9.23 . Deferred Compensation Program.33 ARTICLE X 34 Hours of Work and Overtime 34 Section 10.1. Normal Workday and Work Cycle.34 Section 10.2. Overtime.34 Section 10.3. Compensatory Time.35 Section 10.4. Saturday Schedule.36 Section 10.5. Trade Policy.36 ARTICLE XI 39 Group Insurance 39 Page 6 of 158 A10.Page 181 of 642 4 Section 11.1. Group Life Insurance.39 Section 11.2. Group Hospital-Surgical-Major Medical Insurance.39 Section 11.3. Section 125 Plan.40 Section 11.4. Dental Plan Option.40 Section 11.5. Medical Insurance – Line of Duty Death.41 Section 11.6. Post-Employment Health Plan.41 Section 11.7. Health Insurance Opt-Out.41 ARTICLE XII 42 Labor-Management Conferences 42 Section 12.1. Meeting Request.42 Section 12.2. Content.42 Section 12.3. Procedures.42 Section 13.1. Safety.43 Section 13.2. Exchange of Duty.43 Section 13.3. Rate of Pay for Serving in Higher Rank.43 Section 13.4. Outside Details.43 Section 13.5. Additional Duties.44 Section 13.6. Joint Safety Committee.44 Section 13.7. Formal Training,45 Section 13.8. Mutual Aid.47 Section 13.9. Pension System.47 Section 13.10. Light Duty.47 Section 13.11. Bulletin Boards.48 Section 13.12. Job Descriptions.48 Section 13.13. Credit Union Checkoff.48 Section 13.14. Bed Linens.49 Section 13.15. Sick Leave Rules.49 Section 13.16. Hearings.50 Section 13.17. Physical Fitness Program.50 Section 13.18. New Classifications.52 Section 13.19. Maintenance of Service Levels.53 Section 13.20. Outside Employment.54 ARTICLE XIV 56 Policy on Drug and Alcohol Screening 56 Page 7 of 158 A10.Page 182 of 642 5 Section 14.1. General Policy Regarding Drugs and Alcohol.56 Section 14.2. Definitions.56 Section 14.3. Pre-Employment and Probationary Screening.57 Section 14.4. Prohibitions.57 Section 14.5. Administration of Tests.58 Section 14.6. Testing Procedures.59 Section 14.7. Voluntary Request for Assistance.63 Section 14.8. Specific Responsibilities.63 Section 14.9. Disciplinary Action for Confirmed Positive Test Results.64 ARTICLE XV 66 Paramedics 66 Section 15.1. General.66 Section 15.2. Training.66 Section 15.3. Implementation of Staffing.66 Section 15.4. Conditions for Withdrawal from Paramedic Program.67 Section 15.5. Paramedic School and Classes.67 Section 15.6. Liability Coverage.68 Section 15.7. Paramedic Preceptors.68 Section 15.8. Performance Improvement Measures and Critiques "PIC".68 ARTICLE XVI 70 Promotions 70 Section 16.1. Promotions.70 Section 16.1.1. Vacancies.70 Section 16.2. Fire Apparatus Operator/Qualified Driver.70 Section 16.3. Fire Captain.78 College Education:80 Section 16.5. Shift Chief.89 College Education:90 Section 16.6. Fire Department Promotion Act.94 Section 16.7. Waiver and Agreement.94 Section 16.8 . Military Preference Points for Promotion.95 ARTICLE XVII 97 Termination and Legality Clauses 97 Section 17.1. Ratification and Amendment.97 Page 8 of 158 A10.Page 183 of 642 6 Section 17.2. Savings.97 Section 17.3. Entire Agreement.97 Section 17.4. Duration and Renegotiations.97 APPENDIX A 99 APPLICATION FOR UNION MEMBERSHIP AND AUTHORIZATION FOR CHECKOFF OF UNION DUES AND ASSESSMENTS 99 APPENDIX B 100 SALARIES 100 APPENDIX C 112 SIDE LETTER OF AGREEMENT 112 APPENDIX D 113 SIDE LETTER OF AGREEMENT 113 APPENDIX E 114 SIDE LETTER OF AGREEMENT 114 APPENDIX F 115 SIDE LETTER OF AGREEMENT 115 APPENDIX G 116 FIRE DEPARTMENT PROMOTION ACT 116 APPENDIX H 126 PLANS PARTICIPATION AGREEMENT 126 APPENDIX I 129 RETURN TO SHIFT/EXEMPT POSITIONS 129 APPENDIX J 130 INCIDENT COMMAND MINIMUM QUALIFICATIONS 130 APPENDIX K 131 DIVISION CHIEF RESPONSE TO ALARMS 131 APPENDIX L 132 PERSONNEL RULES / WORKERS’ COMPENSATION 132 APPENDIX M 137 DIVISION CHIEF MEMORANDUM OF UNDERSTANDING 137 Page 9 of 158 A10.Page 184 of 642 1 AGREEMENT Between CITY OF EVANSTON And EVANSTON FIRE FIGHTERS ASSOCIATION LOCAL NO. 742 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO-CLC THIS AGREEMENT is entered into by and between the CITY OF EVANSTON, ILLINOIS (hereinafter called the “City” or “Employer”) and EVANSTON FIRE FIGHTERS ASSOCIATION, LOCAL NO. 742, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO-CLC (hereinafter called the “Union” or “Association”). WHEREAS, it is the purpose of this Agreement to increase general efficiency in the Fire Department, to maintain the existing harmonious relationship between the Fire Department and its employees and to promote the morale, rights and well-being of the members of the Fire Department, and to resolve grievances and prevent strikes or other disruption of work; and WHEREAS, the Fire Department and the individual members of the Union are to regard themselves as public employees and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct, in order that they may merit the respect and confidence of the general public. Page 10 of 158 A10.Page 185 of 642 2 ARTICLE I Recognition and Representation Section 1.1. Recognition and Representation. The City recognizes the Union as the sole and exclusive bargaining agent with respect to wages, hours and other conditions of employment for all uniformed classifications, including the rank of Field Chief, Shift Chief and Division Chief (refer to Appendix M), below the rank of Assistant Fire Chief. Section 1.2. Probationary Employees. Probationary employees are covered by this Agreement; provided, however, that probationary employees during the first twelve (12) months of employment may be terminated or otherwise disciplined at the sole discretion of the City and such action shall not be subject to the grievance or arbitration procedure of this Agreement This probationary employment period may be extended for an employee who is required as a condition of employment to be a certified paramedic, during which time the sole reason that an employee may be discharged without cause or a hearing is for failing to meet the requirements for Paramedic certification as provided in Sections 15.1 and 15.5. Page 11 of 158 A10.Page 186 of 642 3 ARTICLE II Union Membership and Checkoff Section 2.1. Checkoff. Upon receipt of a signed authorization from an employee in the form set forth in Appendix “A”, the City agrees for the duration of this Agreement to deduct from such employee’s pay uniform monthly dues and uniform assessments (which may include a uniform amount to cover house dues if the Association so elects). The Union will notify the City in writing of the amount of the uniform dues or uniform assessments to be deducted. Deductions shall be made on the second City payday of each month and shall be remitted, together with an itemized statement, to the Treasurer of the Association no later than seven (7) days following the deduction. Section 2.2. Indemnification. The Union shall indemnify the City and hold it harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purpose of complying with the provisions of this Article. Page 12 of 158 A10.Page 187 of 642 4 ARTICLE III No Discrimination Section 3.1. General. Neither the City nor the Union shall discriminate against any employee because of race, creed, color, sex, national origin or Union activity. The use of the masculine pronoun in this document is understood to be for clerical convenience only, and it is further understood that the masculine pronoun includes the feminine pronoun as well. Section 3.2. Political Activity. Employees shall have the right to engage in political activities, including to identify themselves as members of the Evanston Fire Department, as long as they engage in such activities while they are off-duty and not in uniform and as long as they do not represent that their positions are positions that are sanctioned by the City or the Evanston Fire Department and make no threats and promises to voters concerning the delivery of services provided by the Evanston Fire Department. Page 13 of 158 A10.Page 188 of 642 5 ARTICLE IV Management Rights The City shall retain the sole right and authority to operate and direct the affairs of the City and the Fire Department in all its various aspects, including, but not limited to, all rights and authority exercised by the City prior to the execution of this Agreement, except as modified in this Agreement. Among the rights retained is the City’s right to determine its mission and set standards of service offered to the public, to direct the working forces, to plan, direct, control, and determine the operations or services to be conducted in or at the Fire Department or by the employees of the City; to assign and transfer employees; to hire, promote, demote, suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change methods, equipment or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the provisions of this Agreement. Page 14 of 158 A10.Page 189 of 642 6 ARTICLE V Seniority Section 5.1. Definition. Seniority is defined as the employee’s length of continuous service since his last date of hire, plus periods of prior service with the City’s Fire Department, but in no event including any service as a temporary employee. Seniority shall be determined from the following: a. Date of hire b. Placement on eligibility list For those employees hired under category grouping, the following shall be used: i. Date of hire ii. Category group placement iii. Date of original employment application iv. Coin toss Section 5.2. Layoff and Recall. In the event of layoff, the employee or employees with the least service in the classification shall be laid off. If a member of a particular classification is removed from his classification under the preceding sentence, he shall displace the least senior member in the last civil service rank the removed or displaced member held prior to his last promotion until the least senior Firefighter is displaced and laid off. When the City decides to recall to any classification reduced by layoff, it will recall any displaced or laid off employees to the positions affected in inverse order of removal, before making any new promotions or appointments. Section 5.3. Vacation Selection on Scheduling Vacation. When the City schedules vacations, employees shall be given preference as to vacation selection on the basis of seniority in the Fire Department (not within rank) and by shift to the extent that such scheduling will not interfere with Fire Department operations. Vacation days must be scheduled in no less than 24- hour increments. Employees shall be permitted an unlimited number of vacation picks, so long as such scheduling is consistent with the following sentence: The total number of employees scheduled off per shift for Kelly Days under Section 10.1 and vacation days shall be six employees (unless fewer vacation requests are received) except that only three (3) employees in the rank of Fire Captain or Shift Chief may be scheduled off for vacation on any shift. The City reserves the right to suspend and reschedule vacations and recall personnel during periods of extreme emergencies such as periods of conflagrations, riots, natural and man- made disasters, war, civil strife, injury, illness or sickness of a large number of the Fire Department employees. Page 15 of 158 A10.Page 190 of 642 7 ARTICLE VI Grievance Procedure Section 6.1. Definition of Grievance. A grievance is a difference of opinion between an employee or the Union and the City with respect to the meaning or application of the terms of this Agreement, or with respect to inequitable application of the Personnel Rules of the City or with respect to inequitable application of the Rules of the Fire Department. Section 6.2. Grievance Committee: Stewards. The Union shall appoint a Grievance Committee of not more than three (3) members to attend grievance meetings scheduled pursuant to Step 2 and Step 3. The Union may appoint nine (9) Stewards to participate in the grievance procedure to the extent set forth in Step 1 of the grievance procedure. The Union shall notify the Fire Chief in writing of the names of employees serving on the Grievance Committee and as Stewards. By mutual agreement between the City and Union, the parties may be represented by non-employee representatives at Step 3 of the grievance procedure. Section 6.3. Grievance Timing. The Grievance Procedure set forth in this Section applies to employees covered by this Agreement. Recognizing that grievances should be raised and settled promptly, a grievance must be raised within twenty-one (21) calendar days of the occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days of the date the employee knew or reasonably should have known of the event giving rise to the grievance. A grievance shall be processed as follows: STEP 1: Written to Deputy or Division Chief: The Union may, within the time limits set forth above, file a written grievance signed by the employee and his Steward on a form provided by the City setting forth the nature of the grievance and the contract provision(s) involved. The Deputy or Division Chief designated by the Fire Chief to hear Step 1 grievances shall give a written answer in ten (10) calendar days after receipt of the written grievance. STEP 2: Appeal to Chief: If the grievance is not settled in Step 1 and the Union decides to appeal, the Grievance Committee shall, within ten (10) calendar days from receipt of the Step 1 answer, appeal in writing to the Fire Chief. The Grievance Committee and the Fire Chief will discuss the grievance within thirty (30) calendar days, at a mutually agreeable time. If no agreement is reached in such discussion, the Chief will give his answer in writing within ten (10) calendar days of the discussion. STEP 3: Appeal to City Manager: If the grievance is not settled in Step 2 and the Union decides to appeal, the Grievance Committee shall, within ten (10) calendar days after receipt of the Step 2 answer, file a written appeal to the City Page 16 of 158 A10.Page 191 of 642 8 Manager. If the grievance involves a disciplinary suspension of seventy-two (72) hours or more, a demotion, or a discharge, there shall be a Step 3 meeting and a Step 3 answer from the City Manager. On all other grievances, the City Manager may elect not to hold a Step 3 meeting, in which event the City Manager shall advise the Union in writing within ten (10) calendar days of receipt of the Step 3 appeal that the Step 2 answer of the Fire Chief is the final City answer in the grievance procedure, at which point the Union may appeal the grievance to Step 4, Arbitration, if the Union so chooses. In cases where the City Manager will hear a Step 3 grievance, a meeting between the City Manager, or his designee, and the Grievance Committee will be held at a mutually agreeable time, generally within thirty (30) calendar days. If no settlement is reached at such meeting, the City Manager, or his designee, shall give his answer in writing within twenty-one (21) calendar days of the meeting. STEP 4: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Union may refer the grievance to arbitration by giving written notice to the City Manager within twenty-one (21) calendar days after receipt of the City’s answer in Step 3. The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable to agree upon an arbitrator, the Federal Mediation and Conciliation Service (FMCS) shall be requested by either or both parties to submit simultaneously to both parties an identical list of seven (7) names of persons from their grievance arbitration panel, who are members of the National Academy of Arbitrators and are residents of Illinois, Wisconsin or Indiana. Both the Employer and the Union shall have the right to strike three (3) names from the list. The parties by a toss of a coin shall determine which party shall first strike one (1) name; the other party shall then strike one (1) name; provided that either party before striking any names, shall have the right to reject one panel in its entirety. The process will be repeated twice, and the remaining named person shall be the arbitrator. The arbitrator shall be notified of his selection by a joint letter from the City and the Union requesting that he set a time and place for hearing, subject to the availability of the City and the Union representatives. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him and his decision and award shall be based solely upon his interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision and award of the arbitrator, which conforms with his authority, shall be final and binding upon the City, the Union and the employee or employees involved. The costs of the arbitration, including the fee and expenses of the arbitrator, shall be divided equally between the City and the Union. The City and the Union shall each be responsible for compensation of their own witnesses and/or representatives who attend arbitration hearings; provided, however, that the grievant shall be released from duty if necessary to attend such hearing without loss of pay. One (1) Union representative and any additional Union witnesses shall be released from work pursuant to Section 13.2, Exchange of Duty, to attend the arbitration hearing. Page 17 of 158 A10.Page 192 of 642 9 Section 6.4. Time Limits. No grievance shall be entertained or processed unless it is filed within the time limits set forth in Section 6.3. If a grievance is not appealed within the time limits for appeal set forth above, or at least reasonably close to those time limits, it shall be deemed settled on the basis of the last answer of the City, provided that the parties may agree to extend any time limits. If the City fails to provide an answer within the time limits so provided, the Union may immediately appeal to the next Step. Section 6.5. Investigation and Discussion. All grievance discussions and investigations shall take place in a manner which does not interfere with City operations. Generally, grievance meetings will be held during working hours. Section 6.6. Civil Service. It is understood that matters subject to Civil Service are not subject to this grievance procedure, except as provided in Section 6.8, Disciplinary Grievances. This provision shall not be construed as limiting or removing any Union right to bargain with respect to matters that remain subject to Civil Service (i.e., other than disciplinary grievances) in any negotiations relating to successor contracts. Section 6.7. Disciplinary Meetings. No meeting between the City and/or its designee and an employee held for the purpose of discussing actual disciplinary matters shall take place unless the employee and a designated Association representative have been provided with a two-hour notice of the time, place and purpose of the meeting. An Association representative shall be present at all such meetings. If said representative is not present, the employee shall not be required to participate in said meeting and the employee shall not be discharged or otherwise disciplined for said refusal. Nothing in this Agreement shall waive and/or abridge any employee’s rights, benefits or protections under the Firemen’s Disciplinary Act of Illinois, 50 ILCS 745/ et seq. Section 6.8. Disciplinary Grievances. Unless the first disciplinary offense is sufficiently serious to warrant discharge, discipline in the Fire Department shall be progressive and corrective, designed to improve behavior and not merely to punish. Where the City believes just cause exists to institute disciplinary action, the Employer shall have the option to assess the following penalties: Oral reprimand Written reprimand Suspension Demotion Discharge Page 18 of 158 A10.Page 193 of 642 10 It is understood that the foregoing disciplinary steps may be repeated and/or certain progressive disciplinary steps may be omitted, depending upon the seriousness of the offense. Grievances may be filed with respect to the just cause of any disciplinary action (other than an oral reprimand) taken against an employee. If an employee is suspended or discharged, a grievance protesting the suspension or discharge shall be filed in the first instance at Step 3 of the grievance procedure within ten (10) calendar days of the imposition of discipline and shall thereafter be processed in accordance with Section 6.3 of this Agreement. If the discipline involves a disciplinary suspension of 72 hours or more or demotion or discharge, the parties will request an arbitration panel pursuant to the grievance/arbitration procedure of this Agreement when the grievance is filed at Step 3, if the Union so requests in writing. Discharge and disciplinary suspensions shall be subject to review under the grievance procedure up to and including arbitration. Disciplinary actions shall be subject to review under the grievance procedure only. Such review procedures are in lieu of and expressly supersede and preempt the employee notification and appeal procedures of the City Civil Service Commission. Such contractual review procedure shall be the sole and exclusive method of reviewing all disciplinary action. Page 19 of 158 A10.Page 194 of 642 11 ARTICLE VII No Strikes – No Lockouts The Union, its officers and agents, and the employees covered by this Agreement agree not to instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work or any other intentional interruption of operations. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Union. Page 20 of 158 A10.Page 195 of 642 12 ARTICLE VIII Leaves of Absence Section 8.1. Union Leave. Leaves of absence shall be granted, to the extent that there is no interference with normal operations of the Fire Department, to employees who are elected, delegated or appointed to attend State or National seminars or conventions of the International Association of Fire Fighters, and other Labor Affiliation conventions and meetings, including but not limited to State AFL-CIO Conventions, Associated Fire Fighters of Illinois Conventions and District Meetings. Absence from an employee’s regular shift because of said leave shall be paid by the City, but not to exceed a total of fourteen (14) twenty-four (24) hour shifts per year for the bargaining unit for the term of this Agreement. Any request for such leaves shall be submitted in writing by the Union to the Fire Chief and shall be answered in writing, no later than five (5) calendar days following the request. Furthermore, the City will attempt to comply with employee requests to schedule holiday and vacation time off to coincide with a Union convention or educational conference. An employee who takes extended leave for full-time Union work shall hold reemployment rights for two (2) years to be reemployed in the first available vacancy. These rights may be extended by mutual agreement between the City and Union. Section 8.2. Short-Term Military Leave. Any employee who is a member of a reserve force of the Armed Forces of the United States, or the State of Illinois, and who is ordered by the appropriate authorities to attend training programs or perform assigned duties shall be granted a leave of absence for the period of such activity and shall suffer no loss of seniority rights. During leaves for annual training, the employee shall continue to receive his or her regular compensation. During leaves for reserve/guard basic training and up to 60 days of special or advanced training, if the employee’s compensation for military activities is less than his compensation as an employee, he shall receive his regular compensation as a public employee minus the amount of his or her base pay for military activities provided the employee provides proof of what he was paid during his reserve/guard training. For weekend military leave, the employee shall have the option of: (a) being allowed the necessary time off without pay; or (b) arranging a duty trade. Section 8.3. Active Military Service. An employee who enters into the active service of the Armed Forces of the United States while in the service of the City shall be granted a leave of absence for the period of such service. For employees who are members of the reserves or National Guard who are mobilized to active military duty as a result of an order of the President of the United States, the City will provide compensation during such leave equivalent to the difference between the employee’s regular pay and the total compensation Page 21 of 158 A10.Page 196 of 642 13 received for the period of service, less any allowance for travel, lodging or food. The City agrees to maintain the medical insurance and coverage (single or family) in which the employee is enrolled when called to active duty, minus the regular employee contribution. Employees ordered to active duty will present their orders to their supervisor as soon as possible, but not later than within three (3) working days of receipt of such orders and shall place their request for Active Military Service leave in writing. To the best of the ability of the employee and the City, the terms and conditions of such Active Military Service will be placed in writing prior to the employee leaving for active duty; if not possible, the information will be mailed to the employee’s designated agent (spouse or other individual) and that person will be authorized by the employee to act on his behalf on those matters while the employee is on active duty. Employees discharged from the Armed Forces must report ready for assignment within ninety (90) days following said discharge. The City shall have up to fourteen (14) days from the date of application to place such returning serviceman. Employees covered under this Section shall be credited with the seniority which would have accumulated during time spent in the Armed Forces. Nothing in this section will prohibit the City from acting in accordance with any federal or state-enacted legislation. Section 8.4. Education Leave. Employees may be granted, upon request, a leave of absence not to exceed one (1) year for educational purposes, without pay. If leave granted under this Section is for education which is related to fire service, seniority shall accumulate during said leave. Leave under this Section may be extended upon mutual agreement of the City and the employee. The City has the right to require a transcript to prove that the employee satisfied the education leave requirement. Section 8.5. Personal Leave. An employee with one (1) year of service in the Department may be granted an unpaid personal leave of absence not to exceed one (1) year. If the leave is thirty (30) calendar days or less, seniority shall accumulate, group insurance shall continue as set forth in Article XI and the employee shall be reinstated to his former position. If the leave is over thirty (30) calendar days, seniority shall not accumulate, the employee may continue group insurance by paying the entire premium, and the employee shall be eligible for rehire ahead of all other new hires for one (1) year after termination of the leave. Leaves granted under this Section shall be at the discretion of the Fire Chief. The Department may establish procedures to administer the personal leave policy. Section 8.6. Family and Medical Leave. Banked Time:Refers to either vacation or sick leave that was accumulated prior to January of the current year. Page 22 of 158 A10.Page 197 of 642 14 Accrued Time:Refers to either vacation or sick leave that is being accumulated between January 1 and December 31 of the current year. (a) General Conditions: (1) An employee may request leave under the Family and Medical Leave Act. (2) A leave year for purposes of FMLA shall be the calendar year. (3) All employees who meet the applicable hours of work requirement during the preceding twelve (12) month period of employment shall be granted a total of twelve calendar weeks of family and/or medical leave during each calendar year for the following reasons: i. the birth of an employee’s child and in order to care for the child; ii. the placement of a child with an employee for adoption or foster care; iii. to care for a spouse, child, or parent who has a serious health condition; or iv. a serious health condition that renders the employee incapable of performing the functions of his job. (4) The twelve-calendar week limit referred to in this Section shall either be consecutive or intermittent as permitted by FMLA regulations. (5) The employee will be required to provide advance leave notice and medical certification. The taking of FMLA leave may be denied if requirements are not met. If the need for Family Medical Leave is foreseeable, the employee shall give the City at least 30 days prior written notice if possible. Where the need for leave is not foreseeable, the employee shall notify the City as soon as practicable, generally within one to two business days of learning of the need for leave. (6) The employee will be required to submit appropriate certifications concerning the reason for using FMLA leave or the reason for failure to return to work at the conclusion of an FMLA leave, in accordance with the FMLA. (7) While on FMLA leave, the employee’s group health insurance coverage will be maintained, with the employee paying the regular employee contribution. (8) During FMLA leave, seniority shall continue to accrue regardless of whether the employee is in pay status or not. Paid leave benefits do not accrue during period of unpaid FMLA leave. (9) Employees on FMLA leave must notify the City in writing at least fourteen (14) calendar days prior to when they wish to return to work, so that arrangements for a fitness for duty report, if required, may be made efficiently. (10) If the employee fails to return to work at the conclusion of a FMLA leave, the employee shall repay to the City the premiums paid on the Page 23 of 158 A10.Page 198 of 642 15 employee’s behalf to maintain insurance coverage while on FMLA leave unless the reason the employee does not return to work is because of i) retirement under the pension plan; ii) the continuation, recurrence or onset of a serious health condition that would otherwise entitle the employee to leave under FMLA, or iii) circumstances beyond the employee’s control. (11) Definition of terms will be that as stated in the Family and Medical Leave Act. (b) FMLA leave due to the birth of a child, placement of a child for adoption or foster care: An employee who requests FMLA leave due to giving birth may use accrued sick leave, banked sick leave, accrued vacation, banked vacation, donated sick leave or compensatory time to be designated by the employee prior to the leave. The employee must specify in advance the amount of paid leave to be used. If the employee exhausts all the leave as stated above, the employee will then be on an unpaid FMLA leave basis, which leave will not exceed twelve calendar weeks in a calendar year. The employee must return to work at the conclusion of the FMLA leave, unless she is medically unable to return to work. In such cases, the conditions specified in subsection (d) shall apply. Employees not giving birth may request FMLA leave following the birth of a child or placement of a child for adoption or foster care. Such FMLA leave will not exceed twelve calendar weeks in a calendar year. The employee may use accrued sick leave, banked sick leave, accrued vacation, banked vacation, donated sick leave or compensatory time to be designated by the employee prior to the leave for some or all of the FMLA period. If the employee does not have sufficient leave as stated above for the full FMLA leave requested, the balance will be on an unpaid basis. The employee must return to work at the completion of the FMLA, or his employment will be terminated. The employee may use up to three (3) working days of banked sick leave not to be considered part of the FMLA. If the employee has no banked time available, annual accrued time may be used. (c) FMLA leave for an immediate family member with a serious health condition: An employee may request FMLA leave to care for an immediate family member (employee’s spouse or child, employee’s parent, or spouse’s parent) with a serious health condition. Such FMLA leave will not exceed twelve calendar weeks in a calendar year; the employee may use accrued sick leave, banked sick leave, accrued vacation, banked vacation, donated sick leave, or compensatory time in this order, for some or all of the FMLA. If the employee exhausts all leave as stated as above, the balance will be on an unpaid basis. The employee must return to work at the completion of the FMLA, or his employment will be terminated. Page 24 of 158 A10.Page 199 of 642 16 (d) FMLA leave for the employee’s own serious health condition: An employee requesting FMLA leave for his own serious health condition must first use any or all of his accrued sick leave; if an employee has used up all his accrued sick leave the employee may, at the employee’s option, use banked sick leave, accrued vacation, banked vacation, donated sick leave and/or compensatory time may be used in this order. If the employee exhausts all leave as stated above, the employee will then be on FMLA leave on an unpaid basis not to exceed twelve calendar weeks in a calendar year. If the employee continues to have the same serious medical condition after exhausting accrued time and the twelve calendar weeks of FMLA, he can request to be placed on a permanent leave of absence not to exceed nine calendar months. During that permanent leave of absence, the employee is responsible for paying 100% of the cost of health insurance coverage. If an employee becomes able to return to work during the permanent leave of absence, he may apply for reemployment and if qualified, placed on a reemployment list for the position held immediately prior to the taking of the leave. If the employee is not able to return to work by the conclusion of the permanent leave of absence, employment will be terminated. Section 8.7. Maternity Leave. It is recognized that reproductive health can be affected adversely by the conditions encountered in firefighting and EMS. When a member becomes pregnant, it is strongly advised, though not required, that she report her condition to the Fire Chief. Once a member has provided verification of her pregnancy from her own doctor, she shall be offered a non-hazardous, operational light duty assignment within the department in accordance with the provisions of 775 ILCS 5/2-102(H) using a 24/48- or 37.5-hour schedule as selected by the pregnant firefighter. Pregnant firefighters will not be required to use (5) 24-hour shift days (120 hours) of sick leave prior to being assigned light duty as noted in Section 13.10 Light Duty. The female firefighter will have the option to bank any unused vacation or bank time while pregnant to be used after the delivery. A member is not required to accept a non-operational light duty assignment. She is, however, encouraged to do so because of the unpredictable nature of emergency response. There is a potential risk to a pregnant woman and/or her developing fetus from activities associated with normal operational duties including firefighting, hazardous materials response, and EMS exposures. After giving birth, or at the termination of the pregnancy, the member shall be placed on FMLA, in accordance with Section 8.6(b) of this CBA. Prior to returning to normal operational duties the member must have approval from her personal physician. Such verification of readiness to work shall be in writing. This verification shall be given to the designated City physician for Page 25 of 158 A10.Page 200 of 642 17 fitness for duty physical. When the member has been found to be fit, she will be reinstated in her former position. At no time when a member becomes pregnant or during the pregnancy, will the member lose their job, position, seniority and benefits. Nor do they lose the eligibility for promotion or participate in a promotional exam due to any type of leave or non-operational duty assignment. Page 26 of 158 A10.Page 201 of 642 18 ARTICLE IX Wages and Benefits Section 9.1. Salary Schedules. Salary schedules effective January 1, 2023 through December 31, 2026 for the classifications covered by this Agreement are as follows: an increase of 11% effective January 1, 2023; an increase of 3% effective January 1, 2024; an increase of 3% effective January 1, 2025; and an increase of 3% effective January 1, 2026; and are set forth in Appendix B attached hereto and made a part hereof. All employees hired after January 1, 2012 will start at the NH step of the pay range for Firefighter; employees will be eligible for merit review consideration to the A step at the successful completion of probation; employees are eligible for merit increase consideration to the next highest step based on performance after completing 12 months of service in the current step; possession of the 30 hours of college credit as specified in Section 9.9 makes the employee eligible to move to the G step following completion of 12 months at the F step; employees eligible for education pay under Section 9.9 will not receive that additional pay until completion of probation. All Fire Apparatus Operators, Captains, Field Chiefs and Shift Chiefs shall start at the D/P step of the applicable Salary Schedule. Captains promoted to Division Chief shall start at the D/P step of the Shift Chief Salary Schedule, and Shift Chiefs promoted to Division Chief shall remain at their current step (refer to Appendix M). Section 9.2. Paid Holidays. a) Shift personnel who are regularly scheduled to work the following holidays shall be compensated at the rate of time and a half rather than straight time for all hours worked on said holidays: ▪New Year’s Day ▪Christmas Eve ▪Christmas Day ▪Juneteenth ▪4th of July ▪Thanksgiving Day ▪Labor Day Above paid holidays shall be the 24-hour period commencing at 7:00 a.m. on the date of the actual holiday. Recognized holidays under this section shall be on the date of the actual holiday as opposed to the day on which the holiday may be observed by the City. b) If an employee is not regularly scheduled to work one of the following days and is subject to a mandatory hire back on that day, the employee shall be paid two (2) times the hourly salary rate for all hours worked on that day. Page 27 of 158 A10.Page 202 of 642 19 New Year’s Day Martin Luther King Jr.’s Birthday Easter Fourth of July Labor Day Thanksgiving Day Christmas Day The foregoing is applicable for the actual holiday and is not applicable for any day celebrated in lieu of the holiday. This subsection b) does not apply to exchanges of duty under Section 13.2. c) The following holidays are observed for the purpose of holiday work schedules: New Year’s Day Martin Luther King, Jr.’s Birthday Easter Sunday Memorial Day Juneteenth July 4 th Labor Day Veterans’ Day Thanksgiving Day Christmas Eve Christmas Day Sunday The foregoing is applicable for the actual holiday and is not applicable for any day celebrated in lieu of the holiday. Holiday routine: Stations, apparatus and all equipment will be maintained in a clean and ready status to respond to all alarms and calls for service. Public education/relations such as, but not limited to, tours, neighborhood picnics, safety fairs, block parties and holiday related events such as participation in parades and standby at fireworks displays will be allowed. Any day designated as a holiday will not have assigned training unless prior approval is agreed to at a labor/management meeting. d) Five Day Employees: Employees who are scheduled to work a five-day 37.5 hour work week will work the hours of 0830 to 1700 (8:30 a.m. to 5 p.m.) with the exception of Saturday, Sunday and City Holidays. If they are required to work any designated City Holiday, they will receive holiday pay at two (2) times the hourly salary for all hours worked. Section 9.3. Paid Vacations. For vacations beginning January 1, 1992, employees with six months or more of service shall receive paid vacation during each year, calculated as follows: Service Vacation Time One year but less than six years Five 24-hour shifts Six years but less than twelve years Seven 24-hour shifts Twelve years but less than fifteen years Eight 24-hour shifts Fifteen years but less than twenty years Ten 24-hour shifts Twenty years but less than twenty-five years Eleven 24-hour shifts Page 28 of 158 A10.Page 203 of 642 20 Twenty-five years or more Twelve 24-hour shifts Completion of the service year in the calendar year in which the vacation is taken shall determine the number of vacation days the employee will earn and is entitled to take. In the year in which the employee terminates employment, the employee will either take or be paid out at termination for all vacation earned up to the pay period of his termination. New employees of the Fire Department shall accrue 4.62 hours per pay period of vacation time from his/her date of hire. These new employees shall not be eligible for a vacation in the calendar year in which they are hired. Section 9.4. Use of Banked Vacation Time. (a) Openings into which banked vacation hours may be used will be limited to the days left open after the normal vacation selection process (Section 5.4 of this contract) is completed, openings created by the termination of an employee, situations involving shift transfers or other scheduling changes which create an opening. A terminated employee’s Kelly Days will also be available for picking but must be forfeited when the vacancy is filled. (b) Employees will not be allowed to bring their vacation hour total below zero (0). Example: an employee will need a minimum of 24 hours at the beginning of the process to be able to make one 24-hour selection. (c) At the completion of the normal vacation selection process, vacation rosters will be posted in all fire stations with a posting date printed on them. Applications for the use of banked vacation hours in any openings, including mid- year openings, will be accepted by that shift’s Chief for a period of 14 calendar days starting with the roster or opening posting date. Thereafter, upon written request to the employee’s Chief or his/her designee. That designee will grant the use of banked vacation hours on a first-come, first-served basis. Seniority (Section 9.4d) will be used when multiple requests are received on the same day requesting to use the same date. (d) A seniority list of applicants will be created. Selections will begin with the most senior employee who will make one selection, then go to the next senior and so on; there will be no limit to the number of selections an individual may make other than the need to maintain a minimum balance of zero (0) hours. Selection will continue until all openings are filled or the applicants have completed their selections. This will close those days to any other selections. Selections must be scheduled in no less than 24-hour increments. (e) All selections made are final. There will be no trading or canceling of any of these selections with the exception of those taken during Kelly Day openings which may need to be forfeited. Page 29 of 158 A10.Page 204 of 642 21 Section 9.5. Sick Leave. (a) Employees shall accrue sick leave at the rate of 72 hours for the first year of employment (three 24-hour shifts; 2.77 hours/pay period) and 144 hours for subsequent years of employment (six 24-hour shifts; 5.54 hours/pay period), with a maximum accrual of 2,280 hours (95 24-hour shifts). (b) Whenever an employee with ten (10) or more years of service resigns, the employee shall have directed to the Post-Employment Health Plan one hundred percent (100%) of accumulated sick days with a maximum of 500 hours. Effective March 1, 2001, for those employees who retire and qualify for a pension, and for those employees granted a disability pension, the maximum sick leave payout is increased to 620 hours, all of which will be directed to the PEHP. Effective January 1, 2022, for those employees who retire and qualify for a pension, and for those employees granted a disability pension, the maximum sick leave payout is 600 hours, all of which will be directed to the PEHP. There shall be no cash payout to the employee of any accrued sick leave, in accordance with Article XI, Section 11.6. (c) If an employee has 800 hours of banked sick leave as of January 1, he shall be eligible to receive in the month of January following the end of said year, a payout at the rate of one hundred percent (100%) for the difference between the sick leave hours accrued during that year less those sick leave hours used during that year. The first forty-eight (48) hours of such payment, if the employee is eligible, shall be directed to the Post-Employment Health Plan. Any hours available for payment above the first forty-eight will be paid to the employee if he so elects, or he may elect to defer the payment to the City’s deferred compensation program or to the employee’s HSA, if allowable. Effective January 1, 2018, and continuing, an eligible employee shall receive a payout as described above, except that any such payment shall not exceed 120 hours. All unused accrued sick hours exceeding the 120-hour maximum payout will remain in the employee’s sick leave bank. (d) In the event of death of an employee (not a retiree), the employee’s beneficiary shall receive a payment equivalent to one hundred percent (100%) of all accrued but unused sick leave. The beneficiary shall be the individual designated by the employee as beneficiary under the group life insurance plan. If there is no life insurance policy in place, the beneficiaries shall be determined by the names entered on the “Designation of Beneficiary Form.” (e) In the event of illness of an employee’s spouse or dependent children which is serious enough to warrant the presence of the employee, one (1) 24- hour day of accrued sick leave per incident may be used, with an annual maximum of three (3) such sick leave usage days. Additional sick leave beyond the three (3) days may be granted by the Fire Chief. Page 30 of 158 A10.Page 205 of 642 22 (f) In order to be eligible to direct sick leave payment at time of termination to the PEHP, an employee must give two weeks’ notice of intent to resign or retire. The Fire Chief may waive this requirement in special circumstances. (g) Sick Leave Donation. An individual employee may donate up to two 24- hours shifts per year to another employee in case of that employee’s own serious medical condition or the serious medical condition of an immediate family member (as defined by FMLA). No employee may receive any donated sick leave until his accrued and banked sick leave accrual has been exhausted. No employee shall receive more than 30 24-hour shifts in any calendar year. Donations of sick leave will be taken from banked time and are not chargeable to annual sick leave payout eligibility. If the donated sick leave is for the employee’s own serious medical condition, it will be considered an addition to the twelve calendar weeks of Family Medical Leave. If the donated sick leave is for the employee’s immediate family member, the donated sick leave will be considered as part of the twelve calendar weeks of Family Medical Leave. Section 9.6. Funeral Leave. In the event of death in the immediate family, an employee shall be granted paid funeral leave of two (2) 24-hour shifts. Requests for funeral leave must be made and used within 10 calendar days following the day of death. Funeral leave will be granted under this section for employees on duty. Vacation or any other leave time will not be converted to funeral leave. For the purpose of calculating funeral leave, the first full day of absence shall be counted as the first day of funeral leave. Immediate family shall be defined as the employee’s father, mother, spouse, child, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother and grandfather, grandchild or minor child’s parent. “Mother” and “father” shall include persons other than the employee’s actual parent if said person or persons reared the employee during a substantial period of his childhood. If an employee needs more than the funeral leave provided in this Section, he may request the use of accrued or banked vacation time or comp time. Employees who wish to attend a funeral for other than their immediate family may request the use of one accrued or banked vacation day to attend such funeral, as long as 24 hours’ advance notice is given to the department and so long as the City is not required to hire back an employee to replace the absent Fire Fighter. Section 9.7. Jury Duty. When an employee is called for service as a juror on a shift he is scheduled to work, the employee will receive pay for the shift at his regular straight-time hourly rate, if the employee gives advance notice to the City and provides substantiation of jury service. Any compensation provided in return for serving as a juror may be kept by the employee. Page 31 of 158 A10.Page 206 of 642 23 Section 9.8. Uniforms. (a) The City will provide authorized uniforms, protective clothing and protective devices which the City determines are required of employees in performance of their duties, without cost to any employee. The list of uniform items which the City will provide is set forth below, or the City will provide substitute items which the City determines are appropriate. The replacement process as described below will be for uniform and equipment items through vendors selected by the City as such items become worn out or damaged. (b) The replacement process will be as follows : (1) MEMBER’S RESPONSIBILITY Each member will be given a yearly allowance of $500 to be replenished on January 1st of every year of the member’s employment. The yearly allowance is intended for uniform purchases only and will not be paid out as cash to any member. Any allowance not used by the end of December 31st will be forfeited. The uniform allowance for each member will be evaluated annually by Labor/Management to determine if costs warrant an increase. Changes in uniform allowance from year to year shall occur only upon Labor/Management approval. This allowance will be tracked by the vendor and will be used to replace members’ Class A, Class B and workout clothing listed below or to purchase other clothing and equipment items on the vendor’s website that have been approved by the Fire Chief. Members are responsible for maintaining a Class A and Class B uniform at all times and must maintain a clean and professional appearance while on duty in compliance with standing department policy. Replacement for any uniform/equipment items lost through employee negligence will be the member’s responsibility. (2) CITY’S RESPONSIBILITY The City shall be responsible for the following: - Supply all newly hired employees with the items listed below - Supply all newly promoted members with the necessary clothing that is required for the rank to which they are being promoted. - Supply all clothing that is required for any member’s participation on a MABAS or Local special rescue team. - Replace all items that are determined to be damaged or unusable (rips, tears, etc.) resulting from any department sanctioned activity, workplace exposure or as protective clothing expires. The list of uniform items is: Protective Clothing: Fire Helmet Bunker Coat Bunker Pants Fire Boots Suspenders Firefighting Gloves 2 Nomex Hoods SCBA Face Piece Truckman’s Belt Extrication Gloves Gear Bag Page 32 of 158 A10.Page 207 of 642 24 Class A Uniform Clothing: 2 Brushed Silver Name Tags Class A Cap Cap Badge or Bugles Rank Cap Strap 1 Class A Dress Trouser 1 Class A Dress Coat 1 Dress Belt 1 Class A Short Sleeve Shirt 1 Class A Long Sleeve Shirt 1 Pair Dress Shoe 1 Class A Tie (navy blue) Badge Class B and Workout Uniform: Class B Shirts (4 total, Short or Long) 2 Black Duty Shoes/Boots (1 may be athletic shoe for summer uniform) 1 Seasonal Coat with vapor barrier and liner 1 Garrison Belt (black) Badge 3 Polo Shirts 1 Duty Work Shorts 4 Work Pants (navy) 1 Pair Winter Gloves 4 Work Tee- Shirts 2 Pullover Job Shirts 1 Exercise Shorts 1 Sweatshirt 1 Sweatpants 1 Summer Hat/ 1 Winter Hat Section 9.9. Educational Pay. There shall be education pay as follows: (a) Thirty Hours. The City’s education pay program shall be continued in effect for the term of this Agreement (pay increase as defined in Section 9.1) and shall be subject to the following conditions: Completion of thirty (30) hours of college credit in Fire service and EMS related courses. (b) Associate Degree in Fire Science. Employees who currently hold, or who subsequently obtain, an Associate Degree in Fire Science from an institution approved by the Fire Chief will receive a pay increase of two percent (2%) above the base salary rate as set forth in Appendix B. An employee with multiple degrees (associates, bachelors, masters) is only permitted to receive the pay increase for one degree. (c) Bachelor’s Degree in Fire Science. Employees who currently hold, or who subsequently obtain, a Bachelor’s Degree in Fire Science from an institution approved by the Fire Chief will receive a pay increase of four percent (4%) above the base salary rate set forth in Appendix B. An employee with multiple degrees (associates, bachelors, masters) is only permitted to receive the pay increase for one degree. Page 33 of 158 A10.Page 208 of 642 25 (d) Master’s Degree in Fire Science/Public Safety. Employees who currently hold, or who subsequently obtain from an institution approved by the Fire Chief a Master’s Degree in Fire Science or Public Safety with a fire safety concentration will receive a pay increase of four percent (4%) above the base salary rate set forth in Appendix B. An employee with multiple degrees (associate’s, bachelor’s, master’s) is only permitted to receive the pay increase for one degree. Section 9.10. Longevity Pay. Employees shall receive longevity pay as follows: Service in Evanston Fire Department Longevity Pay Based on Current Monthly Salary Upon completion of 10 years of service but less than 15 years 1% Upon completion of 15 years of service but less than 20 years 3% Upon completion of 20 years of service but less than 25 years 4% Upon completion of 25 years of service or more 6% Effective January 1, 2024, employees shall receive longevity pay as follows: Service in Evanston Fire Department Longevity Pay Based on Current Monthly Salary Upon completion of 10 years of service but less than 15 years 2.5% Upon completion of 15 years of service but less than 20 years 4.5% Upon completion of 20 years of service but less than 25 years 5.5% Upon completion of 25 years of service or more 7.5% Section 9.11. Paramedic Differential. Employees who are qualified as Paramedics shall receive a pay differential equivalent to 6% of the G step of the Firefighter salary per month above the employee’s regular pay grade. The employee must remain qualified as a Paramedic to continue to receive the Paramedic pay. Section 9.12. Five-Day Employees. Employees who are scheduled to work a five (5) day, 37.5-hour work week, such as Fire Prevention Bureau members, shall receive benefits (e.g., vacation, sick pay, etc.) computed on a ratio of 37.5/49.8, except that said employees shall not receive Kelly Days. Employees assigned to a 37.5-hour week for light duty or to Page 34 of 158 A10.Page 209 of 642 26 attend schools or for other training purposes shall continue to accrue vacation and sick leave benefits according to the 24/48 work schedule, shall not receive Kelly Days, and shall be paid overtime at the 24/48 rate. FPB assignments will be the decision of the Fire Chief or designee. Assignments as FPB/Investigator will be for a period of one (1) year, subject to removal by the Chief for non- performance, and renewable from year to year. Employees interested in becoming a Bureau inspector investigator shall express such interest in writing to the Fire Chief, who will consider such requests near the end of the incumbent’s year assignment. Section 9.13. Pay Differential. Employees assigned as a Temporary Duty Assignment as a member of the Fire Prevention Bureau shall receive a pay differential above the employee’s regular pay grade of $3,600 per year. Said pay differential shall be made for any full or partial month where the employee is assigned as a member of the Fire Prevention Bureau. Section 9.14. Special Team Leaders Special Operations Team Leaders will be established for the following teams: ●Technical Rescue (Local and MABAS) ●Hazardous Materials (Local and MABAS) ●Surface Water Rescue (Local) ●Dive Team (MABAS) Appointed Team Leaders with responsibility for a Special Operations Team will be paid $750 per year while serving in such assignment. Duties and Responsibilities Under the supervision of the Special Operations Chief, the Team Leaders will have the authority and duty to coordinate, develop and complete the following for their respective teams: ●Coordinate with the Special Operations Chief and Division Chief of Operations annual training schedules for the team. ●Provide Division and Shift Chiefs with the team’s annual departmental and MABAS Division 3 training schedules. ●Manage and record all team specific training for team members, including quarterly updates to Division Chief. ●Assist the Special Operations Chief in coordinating the attendance of MABAS Division Training. ●Develop annual Shift level training relative to their team. ●Complete annual inventory of their team’s equipment. ●Assist Special Operations Chief in the scheduling of general service repair and maintenance of all team equipment. ●Assist Special Operations Chief in the development of an annual operating budget for their team. ●Complete and submit annual MABAS STAC and Medical Reports as well Page 35 of 158 A10.Page 210 of 642 27 as MABAS Registration Forms as required. ●Ensure proper seasonal installation and removal of equipment (Wave Runners). ●Assist Special Operations Chief in selection of team members. Appointed MABAS Special Operations Team Leaders shall maintain dual responsibility as Leader for a Local Response Team (if one exists) and will be paid an additional $500 per year while serving in such assignment. Local Team Leader Duties ●Develop shift support level training relative to their local team. ●While on duty, lead shift support level training through PowerPoints, hands on training and quarterly scenario-based drills. ●Manage and maintain certification and training records for all local team members. ●Assist Special Operations Chief in the development of a separate annual operating budget for their local team. Unless the Team Leader chooses to utilize free time during the course of a duty shift, administrative duties, as defined above, shall be performed between 0830- 1700 hours. Special Operations Team Leaders will work on a shift schedule unless assigned to the FPB where they will be subject to the provisions of Article IX Section 9.12. Qualifications for Technical Rescue, Dive and Haz-Mat: ●Selection will be made without regard to rank as Firefighter or Captain ●Current MABAS Division 3 Team Member in good standing ●OSFM Instructor II ●OSFM or NFA Incident Safety Officer ●Technical rescue or Haz-Mat certifications need to be at the OSFM Technician Level or equivalent for their team’s disciplines ●Dive certifications through PADI, ERDI/DRI certifications for the following: Advanced Open Water, Public Safety Diver, Rescue Diver, Ice Diver Applicants will be given 12 months to get the required certifications Qualifications for Surface Water Rescue: ●Selection will be made without regard to rank as Firefighter or Captain ●Completion of the 40-hour Rescue Water Craft (RWC) training program ●Completion of the lifeguard training provided by the EFD / Evanston Lifeguards ●OSFM Instructor II ●Completion of a Boating Safety Course ●OSFM or NFA Incident Safety Officer ●Applicants will be given 12 months to get the required certifications Page 36 of 158 A10.Page 211 of 642 28 Selection Assignment as Team Leader will be for a period of one year, renewable from year to year. Vacancies will be deemed to occur when an incumbent chooses to leave the position, or is removed by the Fire Chief for non-performance. In the event that vacancies occur, they shall be posted for 30 days. Members interested in becoming a Team leader shall express such interest in writing to the Fire Chief or designee. The Fire Chief will make the selection of Team Leaders, after the posting period and selection process. In cases where multiple applicants are equally qualified (certifications/training) under this section, preference shall be given to those with the most seniority on the Special Team. Section 9.15. EMS/Paramedic Shift Coordinator. There will be three (3) EMS/Paramedic Shift Coordinators, one (1) for each shift. The employees assigned to this position will be paid an additional $3,000 per year while serving in such assignment. Duties and Responsibilities Under the supervision of the EMS Division Chief, EMS/Paramedic Coordinators will have the authority and duty to coordinate, develop and complete the following: ●Review and process Shifts EMS reports on a daily basis. This will include requesting corrections and the filing of missing reports as needed. ●Coordinate with the EMS Division Chief and Division Chief of Operations annual EMS schedules for the Department. ●Assist EMS Division Chief in the scheduling and preparation of transport and non-transport vehicles for annual safety inspections and licensure. ●Attend and/or Chair EMS Committee Meetings for their respective Shift. ●Check email at the start of each Shift for EMS related updates, requests and work issues. ●Oversee the monthly-expired drug exchange for their respective Shift. ●Work with Shift Chiefs in the assignment of Paramedic Preceptors for new and transferring paramedics. ●Coordinate assigned preceptors on their respective Shift and resolve issues as they develop. ●All three (3) EMS/Paramedic Coordinators will meet with the EMS Division Chief to resolve issues within and across Shifts as needed. ●Assist in the administration of electronic PCR Program. ●Complete ongoing inventory of EMS equipment and order supplies as needed. ●Quality assurance review of random and anonymous EMS reports on a weekly basis for periodic training sessions. Unless the Coordinator chooses to utilize free time during the course of a shift Page 37 of 158 A10.Page 212 of 642 29 duty, administrative duties, as defined above, shall be performed between 0830- 1700 hours. The EMS/Paramedic Shift Coordinator will work on a shift schedule assigned to the FPB where they will be subject to the provisions of Article IX Section 9.12. Qualifications ●Selection will be made without regard to rank as Firefighter or Captain, provided the applicant have a minimum of three (3) years’ experience as an EMT-P with the St. Francis EMS System and three (3) years’ experience with the Evanston Fire Department overall ●Any Firefighter applicant must be a certified St. Francis/EFD Preceptor ●EMT-P in good standing ●ACLS and PALS Certifications ●Applicants will be given 12 months to get the required certifications, including preceptor Selection The selection of EMS/Paramedic Shift Coordinator will be made by the Fire Chief or designee after posting of the position for thirty calendar days, giving all interested applicants the opportunity to apply. Assignment as EMS/Paramedic Shift Coordinator will be for a period of one year, renewable from year to year. Vacancies will be deemed to occur when an incumbent chooses to leave the position or is removed by the Fire Chief for non- performance. In the event that vacancies occur, they shall be posted for 30 days. Members interested in becoming EMS/Paramedic Shift Coordinator shall express such interest in writing to the Fire Chief or designee. Section 9.16. SCBA Maintenance Technicians There will be a minimum of three (3) SCBA Maintenance Technicians. The employee(s) assigned to this position will be paid $2,500 annually in accordance with the parties’ agreement. Duties and Responsibilities Under the authority of the Deputy Chief of Operations, SCBA Maintenance Technicians will have the authority and duty to execute the following responsibilities: ●Coordinate annual fit testing, including SCBA and CBRN masks, for all members of the Evanston Fire Department. ●Perform annual testing of all SCBA packs. ●Diagnose and repair problems with SCBA packs and cylinders. ●Take out of/place back in service all SCBA and cylinders. ●Maintain accurate inventory of all department issued SCBA packs and cylinders. ●Order replacement parts as needed. Page 38 of 158 A10.Page 213 of 642 30 ●Process requests and maintain accountability for SCBA packs and cylinders when used by the Department’s members for training purposes. ●Assist the Department’s vendor with annual hydrostatic testing of all SCBA packs. ●Conduct periodic research and vetting (as necessary) of potential new vendors for upgraded SCBA packs and cylinders. ●Coordinate scheduling of SCBA maintenance with Department SCBA Technicians as needed. Section 9.17. CPR Program Coordinator There will be one (1) CPR Program Coordinator. The employee assigned to this position will be paid $2,500 annually in accordance with the parties’ agreement. Duties and Responsibilities Under the authority of the Deputy Chief of Operations, the CPR Program Coordinator will have the authority and duty to execute the following responsibilities: ●Schedule and execute CPR classes for all members of the Fire Department. ●Process, organize and execute CPR class requests from the public and private businesses. ●Develop contracts for the public and outside businesses and arrange for down payments prior to execution of CPR classes. ●Coordinate schedules for all EFD CPR Instructors, including the maintenance of an Instructor Hireback list. ●Maintain electronic recordkeeping of all CPR Program components including, but not limited to, class registration, instructor sign up, student sign in, class paperwork and CPR certifications. ●Deliver ongoing evaluation of CPR Instructors and oversee all CPR Instructor renewals. ●Maintain and assume responsibility for all equipment utilized for CPR classes and order additional supplies as needed. ●Implement continuous quality improvement (CQI) measures to improve delivery and quality of CPR classes. ●Update CPR course content when necessary to reflect changes made by the American Heart Association (AHA) to CPR guidelines. ●Organize CPR recertification opportunities for members of the Evanston Fire Department. Section 9.18. Quartermaster There will be one (1) Quartermaster. The employee assigned to this position will be paid $2,500 annually in accordance with the parties’ agreement. Duties and Responsibilities Under the authority of the Deputy Chief of Operations, the Quartermaster will have the authority and duty to execute the following responsibilities: Page 39 of 158 A10.Page 214 of 642 31 ●Manage the receipt and distribution of all uniform orders and invoices. ●Ensure all Department members have proper and rank appropriate Class A uniforms and update members’ Class A uniforms as necessary after promotion. ●Troubleshoot order issues (inventory, delayed processing, etc.) with the Department’s uniform vendor. ●Maintain spreadsheet tracking the status of all uniform orders in addition to order history from all Department members. ●Notify the membership on annual deadlines for ordering new uniform items. ●Coordinate with the Deputy Chief of Operations on replacement of members’ firefighting PPE on an as needed basis. Section 9.19. Radio Maintenance Technician There will be a minimum of one (1) Radio Maintenance Technician. The employee(s) assigned to this position will be paid $2,500 annually in accordance with the parties’ agreement. Duties and Responsibilities Under the authority of the Deputy Chief of Operations, the Radio Maintenance Technician will have the authority and duty to execute the following responsibilities: ●Manage the routine maintenance of the Department’s full inventory of radios, including mobile radios located on all rigs and all handheld radios. ●Maintain sufficient supply of replacement parts to address time-sensitive radio repair issues. ●Coordinate and communicate with outside vendors utilized by the Department for radio issues which fall beyond the scope of routine maintenance. ●Prepare and package all radios in need of additional servicing for delivery to the Department’s outside vendor. ●Receive radios which have been repaired by outside vendors and notify Deputy Chief of Operations and Shift Chiefs when the radios are ready to be placed back in service. ●Maintain a proper inventory of all current Department radios (serial numbers, brand/type, station location) and coordinate with the Deputy Chief of Operations on the replacement of radios through periodic updating and/or functionality as needed. Section 9.20. Small Tools Technician There will be a minimum of one (1) Small Tools Technician. The employee(s) assigned to this position will be paid $2,500 annually in accordance with the parties’ agreement. Duties and Responsibilities Page 40 of 158 A10.Page 215 of 642 32 Under the authority of the Deputy Chief of Operations, the Small Tools Technician will have the authority and duty to execute the following responsibilities: ●Manage the routine maintenance of the Department’s inventory of small tools, with a particular emphasis on chainsaws, K-12 saws and other gas- powered tools. ●Maintain sufficient supply of replacement parts to address time-sensitive small tool repair issues. ●Coordinate with Shift Chiefs and the Deputy Chief of Operations for small tool issues which fall beyond the scope of routine maintenance (e.g., total replacement). ●Drop off/pick up tools and tool parts that will be added to replacement inventory, utilized for current repair needs or for total tool replacement. ●Maintain maintenance log of tool repair history detailing routine maintenance and preventative maintenance. Section 9.21. Drone Team Technician There will be a minimum of one (1) Drone Team Technician. The employee(s) assigned to this position will be paid $2,500 annually in accordance with the parties’ agreement. Duties and Responsibilities Under the authority of the Deputy Chief of Operations, Drone Team Technicians will have the authority and duty to execute the following responsibilities: ●Possess and maintain an FAA Part 107d Pilot’s License with night flying endorsement. ●Respond to and deploy City drone resources in emergency situations to support Police and Fire operations. ●Develop and conduct training for all pilots in the Public Safety Drone Team in accordance with FAA regulations. ●Maintain Team training records. ●Develop and implement SOPs for Drone Operations in conjunction with EPD Drone Team Leader. ●Conduct routine maintenance and inspections of all drone equipment. ●Maintain inventory (serial numbers, brand/type, location) in an electronic format and coordinate with the Deputy Chief of Operations on the replacement or maintenance of drones through periodic updating and/or functionality as needed. Section 9.22. Fire Equipment Coordinator There will be a minimum of one (1) Fire Equipment Coordinator. The employee(s) assigned to this position will be paid $2,500 annually in accordance with the parties’ agreement. Page 41 of 158 A10.Page 216 of 642 33 Duties and Responsibilities Under the authority of the Deputy Chief of Operations, the Fire Equipment Coordinator will have the authority and duty to execute the following responsibilities: ●Manage the inventory of all fire equipment and tools used on frontline and reserve fire apparatus. ●Ensure all frontline and reserve fire apparatus are updated with appropriate tools and equipment when the Department approves and/or adopts new equipment for its fleet of apparatus. ●Coordinate with the Deputy Chief of Operations for replacement of defective tools and equipment. ●Maintain an itemized log of repairs and purchases of new fire equipment needed on frontline and reserve rigs. ●Provide communication to the Department when new equipment has been taken out of/placed in service on all frontline and reserve fire apparatus. ●Research potential new tools and equipment and provide updates to the Deputy Chief of Operations on operating needs pertaining to frontline and reserve fire apparatus. ●Collaborate with the Deputy Chief of Operations and the City’s Fleet Services on timelines and turnarounds for repairs of frontline and reserve fire apparatus. Members performing the duties delineated within Section 9.16 through 9.22 shall be assigned for a period of one (1) year, renewable from year to year. Vacancies will be deemed to occur when an incumbent chooses to leave the position or is removed by the Fire Chief for non-performance. Vacancies will be posted for fifteen (15) days. Members interested in these positions shall express such interest in writing to the Fire Chief or his designee. The Fire Chief shall retain the authority to make the selection to any of these positions after the required posting period and selection process has concluded. When multiple applicants are equally qualified, selection will be made based on Department seniority. Unless members choose to utilize free time during the course of a shift duty, administrative duties, as defined above, shall be performed between 0830-1700 hours. If the Fire Chief determines that members are not satisfactorily performing their job assignment, the Fire Chief may assign members to fire stations more conducive to completion of the work, which shall be limited to SCBA Maintenance Technicians and the Fire Equipment Coordinator. Section 9.23 . Deferred Compensation Program. The City agrees to co-administer a deferred compensation program (known as a 457 plan) sponsored by the IAFF for members of the bargaining unit. There will be a one-time $25 charge to each participating employee to offset the City’s cost in adding a new program. Page 42 of 158 A10.Page 217 of 642 34 ARTICLE X Hours of Work and Overtime Section 10.1. Normal Workday and Work Cycle. The normal shift schedule for Fire Fighters whose principal assignment is fire suppression and/or EMS duty shall be twenty-four (24) consecutive hours of duty, normally beginning at 7:00 a.m., followed by forty-eight (48) consecutive hours off duty. The normal work cycle for such Fire Fighters shall be nine (9) such twenty-four (24) hour shifts within a twenty-seven (27) day work period. The hours thus generated shall be reduced by scheduling a “Kelly Day” off duty every ninth duty day to produce an annual average work week of 49.8 hours per week. The City shall schedule the Kelly Days as provided in this Section. In the event the City regularly schedules an employee or employees for a duty schedule other than the normal schedule: 1. The duty schedule shall be as described in Section 9.12 of this Agreement; 2. Employees moving from a 37.5 hour work week for mandatory training back to a 24/48 shift schedule shall receive time and one half for all hours worked over 49.8 in the week they return to a 24/48 shift schedule; 3. The Fire Chief will grant an interview to the affected employee to provide an opportunity to discuss any complications with such a schedule change before the schedule change is put into effect; provided, however, the City will request and consider volunteers before making a change on a mandatory basis. To be eligible for the Kelly Days provided for in each year of this Agreement, the employee must be an employee of the Department as of January 1 of that year. If an employee is not an employee of the Department as of January 1, he shall be eligible for one Kelly Day (one 24-hour shift) in that year for each twenty-seven (27) days of employment. Section 10.2. Overtime. (a) Overtime shall be defined as all hours worked in excess of the scheduled normal workday. (b) Overtime shall be paid at the rate of one and one-half the hourly salary rate for all hours worked in excess of the scheduled normal workday. All scheduled, voluntary overtime shall be paid at the rate of one and one-half the hourly salary rate based on time worked. All mandatory overtime and all unscheduled overtime (i.e., emergency call back or hireback to fill a department need) shall receive a minimum of four hours pay at one and one-half his/her normal rate. (c) Overtime pay shall be calculated to the nearest one-quarter hour. Page 43 of 158 A10.Page 218 of 642 35 (d) If the City schedules mandatory training hours on off-duty time and directs an employee in writing to attend, the employee shall receive double time pay for said hours, except: i. new employees attending mandatory training as a condition of employment shall be paid at the rate of time and one-half; and ii. Fire Officers attending up to 16 hours per calendar year and Shift Chiefs attending up to 12 hours per calendar year of mandatory training in supervisory and/or management skills shall be paid at time and one-half. If the mandatory training session is held on the employee’s vacation or Kelly Day, the employee will not be required to attend on that day. The minimum set forth in subsection (b) shall not apply. (e) Employees assigned to a 37.5-hour work week schedule shall be paid overtime for all hours in excess of 7.5 hours per day. Section 10.3. Compensatory Time. An employee who is scheduled to work beyond his normally scheduled hours of work may request to take compensatory time in lieu of pay. The employee shall be entitled to one and one-half hours of compensatory time for all hours in excess of his normal work schedule. When an employee works a hire-back or otherwise earns compensatory time off, he may elect to bank the hours as compensatory time in lieu of receiving monetary compensation in that pay period. In consideration of the City offering the use of compensation time in accordance with this section, the City and the Union agree, in furtherance of Section 7(o)(5) of the Fair Labor Standards Act, to place restrictions on the use of compensatory time under circumstances which both parties agree would constitute an “undue disruption” of the Department’s operations. This section will allow employees to use compensatory time to take time off at a future date, even during times when Shift Vacation Calendar might otherwise be full and would prevent normal scheduling of time off. Effective January 1, 2012, any time previously accrued and categorized as Compensatory Time will be transferred hour for hour into a Hire Back/Comp Time Bank and be re-categorized as Hire-Back Comp/Time (HBCT) The following procedure shall be followed for utilizing the HBCT option: Notice of Banking a Hire-Back: When an employee elects to bank a Hire- Back, the employee shall notify the Shift Chief in writing using the HBCT Request Form. Time will be banked at a time and one-half rate (e.g., a 24 hour hire back would result in 36 hours of HBCT). Page 44 of 158 A10.Page 219 of 642 36 Requesting to Use HBCT: In order to request the use of HBCT, the employee must have the time in the bank. The time must be requested in increments of four (4) hours. A HBCT Form shall be completed by the employee and submitted to the Shift Chief. All requests will be recorded with the date and time they are received and shall be submitted to the Shift Chief no later than twelve (12) hours prior to the beginning of the shift day in which the HBCT will be used. Employees must have enough time in their HBCT bank to cover the request at 1.5x the request. Filling Hire-Back Bank Requests: Requests for HBCT use will be prioritized in the date and time order in which they are received. If the requirements of a specific assignment cannot be met (e.g., Officer, FAO, etc.), the requests will be denied. The requesting employee may increase requested time increment at a later date to make the slot more attractive and more likely to be filled but an employee may submit no more than three requests for any particular date. Any Hire Back caused by the employee using the compensatory time will be charged against the employee’s HBCT: The scheduled employee’s HBCT Bank shall be reduced by time and one half for each hour granted off (e.g., 24- hour hire-back at time and a half equals 36-hour reduction in HBCT Bank). Overage Costs: The City shall incur no additional overtime costs due to HBCT usage. In the rare case where an over run/holdover occurs, the employee using the HBCT shall have two options: 1. The requesting and covering employees may mutually agree that the overage/holdover time will be considered an emergency duty trade subject to approval of the Shift Chief and there will be no additional balance reduction or additional compensation. 2. The overage time will be charged to the employee’s HBCT Bank and will be reduced accordingly to cover the overage. Cash Out: If an employee elects to do so, a HBCT Request Form will be completed by the employee and submitted to the Shift Chief. An employee may cash out their HBCT Bank at the final pay period of the fiscal year for any remaining HBCT bank time. Employees may not carry over from one fiscal year to the next more than 72 hours. The HBCT record will be administered through Fire Headquarters. Section 10.4. Saturday Schedule. Saturday shall be a regular workday and employees shall perform normal workday assignments, except where the Saturday is a holiday under Section 9.2 (c) where a holiday work schedule is observed. Page 45 of 158 A10.Page 220 of 642 37 Section 10.5. Trade Policy. A firefighter may trade with a firefighter and a captain may trade with a captain. Whether the individual is a paramedic will not be taken into account in granting or denying a trade, so long as there will be no need to hire back a firefighter/paramedic in order to have sufficient firefighter/paramedics on duty, should a trade be granted. A Shift Chief may trade with another Shift Chief or with a Fire Captain who is a member of a pool of Acting Shift Chiefs established by the Fire Chief. Effective March 1, 2005, a Fire Captain may trade with an Acting Captain, with a maximum of one such trade per shift. Trades under this provision will be approved on a first come, first approved basis. Exchange of tours of duty shall not exceed eight (8) consecutive tours of duty and may not be bridged by any other form of paid or unpaid time off, except that bridging of eight (8) trades or less shall be permissible. Any requests for extensions beyond the maximum consecutive trades of tours of duty must be submitted in writing to the Fire Chief for his approval. All trades of tours of duty (shift trades/Kelly day exchanges) must be repaid within 12 months of the trade. In addition to the foregoing, the parties agree that if administrative problems arise concerning shift trade rules and regulations, the parties will use their best efforts to resolve these differences at labor-management meetings pursuant to the labor contract. Section 10.6. Maximum Hours Worked In order to ensure the safety of personnel and operations, Evanston Fire Department personnel may not work more than 60 hours in a 72-hour work period. A minimum 12-hour break is required after working 60 hours in a 72-hour work period. Work periods include, but are not limited to, the following: ●Regularly scheduled shifts ●Trades/KD Trades ●Overtime/Hirebacks ●Attendance at, or instruction of, department-approved training sessions ●Special events ●Fire Prevention/Public Education activities ●Evanston detail assignments Members will be responsible for managing hours worked not to exceed the 60- hour maximum including a minimum 12-hour break prior to their next scheduled Page 46 of 158 A10.Page 221 of 642 38 shift or other department-sanctioned activity. Notwithstanding the foregoing, under extenuating circumstances (emergency work in progress, community emergency or disaster), individuals may be required to work in excess of 60 hours by order of, or approval by, the Fire Chief or his/her designee. Page 47 of 158 A10.Page 222 of 642 39 ARTICLE XI Group Insurance Section 11.1. Group Life Insurance. The City’s group life insurance program shall be continued in effect for the term of this Agreement, and the City’s fifty percent (50%) contribution shall continue. Further, during the life of this Agreement, the City shall offer a Universal Life Insurance Program, and the employee will pay one hundred percent (100%) of the cost of the premium. Section 11.2. Group Hospital-Surgical-Major Medical Insurance. (a) Employees may participate in one of the medical insurance plan(s) maintained by the City. If the City determines that one of these plans shall no longer be in effect, or if the City adds a new plan, employees shall have the right to switch to another plan on a non-medical basis under rules established by those plans. (b) Effective January 1, 2020, employees will fall in the below tiers and contribute the following percentage (%) of total premium costs, which shall be deducted from their employee paychecks: Tier Plan Percentage Employee HMO 12% PPO 15% Employee + 1 HMO 10% PPO 13% Family HMO 12% PPO 15% The contribution amount for the Employee + 1 will be calculated as a percentage of the total family premium cost. As of January 1, 2020, the Employee + 1 or 2 children and Employee + Spouse/DP tiers no longer exist. Deductible amounts for PPO plans are as follows: PPO1 PPO2 Single In Network: $500 $1000 Family In Network: $1500 $2000 Single Out of Network: $1000 Family Out of Network: $3000 (c) Former bargaining unit employees who are retired and are receiving a current Illinois fire pension may elect insurance plan coverage under the rules and regulations established by the plans, so long as the retiree pays the entire group insurance premium, without any City contribution. Payment shall be by means of deduction from the pensioner’s Fire Pension Fund check. Page 48 of 158 A10.Page 223 of 642 40 (d) Upon request, the City shall provide the Union with information and documents relating to existing programs and any proposed changes. The City will notify the Union of any changes made to the City’s medical insurance program 30 days prior to the effective date of such changes. The City will notify the Union of any changes made by the providers of the City’s medical insurance program within 15 days of receiving such notice from the provider. In the event, however, the City exercises the right to change insurance carriers for part or all of the life/medical insurance program or to self-insure any or all said programs, benefit levels shall remain substantially the same. In the event that City-instituted changes result in overall benefit levels that are no longer reasonably comparable to those which predated the changes, the Union shall have the right, within thirty (30) days of the insurance changes taking effect, to demand impact and effects bargaining over the City’s changes by so notifying the Director of Human Resources in writing. The parties shall then promptly meet and negotiate in good faith over the impact and effects of the changes. The City may elect to implement the changes during the pendency of impact and effects negotiations. The Union shall have the right to identify another economic item (other than time off or this insurance program language) to include in such negotiations. The parties shall negotiate as to the impact and effects of the City’s changes and the item identified by the Union for a period of thirty (30) days or longer if the parties mutually agree. After thirty (30) days if the dispute is not resolved, either party may invoke interest arbitration. The arbitration shall be conducted in accordance with Section 14 of the Act except that the impartial arbitrator shall be selected in accordance with the procedures of Article VI of this Agreement. The Arbitrator shall not have the authority to modify the changes in the insurance program, but if he determines that the changes made in light of all the circumstances warrant the consideration of the parties’ final quid pro quo offers, he shall have the authority to do so. Section 11.3. Section 125 Plan. The City will continue to offer a Section 125 Plan for employee contributions under this Article. Section 11.4. Dental Plan Option. The City shall continue to offer the choice of two dental insurance plans to all employees eligible for insurance coverage. Employees who enroll in one of the dental plans will be required to stay in the plan for at least one year before changing plans or dropping out entirely. There will be no contribution by the City to either of the dental plans; the employee will pay 100% of the cost of the premiums. Page 49 of 158 A10.Page 224 of 642 41 Section 11.5. Medical Insurance – Line of Duty Death. In the event an employee with dependent medical coverage is killed in the line of duty, the employee’s spouse shall receive continuation dependent coverage as specified under federal law, except that the City will contribute toward the costs of such coverage the equivalent amount paid for the costs of such coverage applicable to other employees covered by this Agreement, which may change from time to time. Section 11.6. Post-Employment Health Plan. The City agrees to participate in the Post Employment Health Plan for Collectively Bargained Public Employees (“Plan”) in accordance with the terms and conditions of the Plan’s Participation Agreement, a copy of which is attached to this Agreement. The parties hereto designate Genesis to act as Administrator and Bank of America to act as Trustee for the Plan, or its successors appointed in accordance with the Plan and Trust documents. The City agrees to contribute to the Plan on behalf of the employees covered by this Agreement. After the effective date of this Agreement, the City shall contribute to the Plan for each eligible employee, the amount of $70 per paycheck, except that when there are three paychecks in a month, the $70 will not be deducted from that paycheck. Additionally, for employees eligible for the annual sick leave payout described in this Agreement the City shall contribute the first forty-eight (48) hours of such payout eligibility to the Plan. Finally, upon termination, 100% of the eligible employee’s sick leave balance that would otherwise have been paid to the eligible employee as described in this Agreement had the City not participated in the Plan shall be contributed to the Plan. Section 11.7. Health Insurance Opt-Out. Employees who elect to drop City medical coverage, because that employee is covered by another group plan, shall receive payment from the City of $1,800.00 per year. Page 50 of 158 A10.Page 225 of 642 42 ARTICLE XII Labor-Management Conferences Section 12.1. Meeting Request. The Union and the City agree that in the interest of efficient and effective operation and management and in the promotion of harmonious employee relations, quarterly meetings will be held in January, April, July and October, at a mutually agreed date. More frequent meetings may be held if mutually agreed. Either party may provide a written agenda. The City and Union shall each designate two representatives (and one alternate) to attend such meetings. The names of members and alternates may be changed annually. In addition, either the City or the Union may designate up to two (2) additional representatives who are City employees. Such meetings shall be limited to: (a) discussion on the implementation and general administration of this Agreement. (b) a sharing of general information of interest to the parties. Section 12.2. Content. It is expressly understood and agreed that such meetings shall not be a part of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at labor-management meetings nor shall negotiations for the purpose of altering any or all of the terms of this Agreement be carried on at such meetings. Section 12.3. Procedures. If a labor-management meeting is scheduled during an employee’s normal workday, the employee shall be compensated for time lost from the normal straight-time work day. Minutes of labor-management meetings shall be prepared, and any agreement reached shall be committed to writing and signed prior to implementation. Page 51 of 158 A10.Page 226 of 642 43 ARTICLE XIII General Section 13.1. Safety. The City and the Union desire to maintain safe working conditions. Employee suggestions concerning safety will be considered fully and prompt responses will be given. The Union and the City agree to continue the joint labor/management efforts to develop a strategic plan for the department. This includes evaluating the Fire Department’s effectiveness, efficiency and safety of all departmental operations including but not limited to fire suppression, emergency medical service, and special operations delivery in order to protect the public and members of the Fire Department. This evaluation will include a review of relevant local/state policies, regulations, statutes, fire department accreditation resources, NFPA standards including NFPA 1710 and any other information that assists in development and implementation of the departmental strategic plan. Section 13.2. Exchange of Duty. The Fire Chief or his designated representative may grant the request of any two employees covered by this Agreement to exchange tours of duty, or Kelly Days off, pursuant to criteria specified in the Side Letter of Agreement attached to and made a part of this Agreement as Section 10.5. Section 13.3. Rate of Pay for Serving in Higher Rank. When an employee is temporarily assigned in a higher paying rank, and such temporary assignment continues for four or more consecutive hours, the employee shall be paid at the GP step in the higher rank to which they are assigned for each full 24-hour shift. Any FAO temporarily assigned as an acting Fire Captain shall receive the equivalent of the acting pay differential between FF/PM and Fire Captain at the GP step. Section 13.4. Outside Details. When an employee is assigned to an outside detail, the pay rate shall be $75 per hour regardless if the detail is voluntary or mandatory, with a three-hour minimum, except there shall be no payment in situations where a firefighter volunteers to serve without pay as a civic contribution. Any outside detail must be sanctioned and signed off by the Fire Chief or his designee. When details are sanctioned, our participation will be mandatory. Volunteers will be solicited. Should the volunteer number be insufficient, members will be mandatorily assigned to the detail. The outside detail list will be used to make any mandatory detail assignments. In the unlikely event that we are unable to secure anyone for the detail using the detail list, the standard hire back list for staffing will be used as a last resort. Members mandatoried off the standard hire back list to work a detail shall receive their overtime rate or the pay rate within this agreement, whichever is higher. Page 52 of 158 A10.Page 227 of 642 44 MABAS Resource Deployment This section of the contract covers a MABAS Resource Deployment which mobilizes MABAS resources for a large-scale incident response over an extended time period where the City is reimbursed through the Federal or State government. This section does not cover MABAS Mutual Aid and MABAS Task Force responses. All deployments must be approved by the Fire Chief and are subject to the following: Teams of five (5) or less will consist of at least: ●One Captain or Acting Captain or Shift Chief ●One FAO/QD (if an Evanston vehicle is used) Teams of six (6) or more will consist of at least: ●Two Captains or Acting Captains or Shift Chiefs ●One FAO/QD (for each Evanston vehicle used) A selection list shall be created for all ranks of Shift Chief and below. Selection from the list will be based upon the following factors in order of importance: 1. Specific needs/talents as determined by the affected jurisdiction or request. 2. Individual qualifications as stated above. 3. No more than one Shift Chief or two Captains will be allowed for any deployment (unless approved by the Fire Chief) 4. Date of last deployment (as of 8/21/09) a. Those with the most recent deployment date would move to the bottom of the list. b. If there is no previous deployment date or a tie in dates, seniority in time on the job will be the determining factor. In past deployments, there has been little or no advance notice. The City will work with the Union to implement a system that will provide a rapid, redundant and verifiable means to contact all employees to notify them of the deployment request. Members selected for approved deployments will be compensated in accordance with Article X, Section 10.2. Section 13.5. Additional Duties. The City will not add duties which are unrelated to the Fire Department without prior agreement of the Union. Section 13.6. Joint Safety Committee. There shall be a Joint Safety Committee comprised of three employee members selected by the Association and three members selected by the City. The Association and the City shall advise the other party of the names of its members and any change in names. There shall be regular quarterly meetings of the Committee and additional meetings as needed. The Joint Safety Committee shall: Page 53 of 158 A10.Page 228 of 642 45 (a) develop its own procedures for effective operation, including the taking of minutes of Safety Committee meetings and the review and approval of minutes at the subsequent meeting; (b) review and discuss any and all matters pertaining to the safety of employees while on duty; (c) make recommendations to the City concerning facilities, apparatus, protective equipment, protective clothing, procedures, accident prevention, or other safety matters; (d) encourage employees to comply with safety rules, regulations and procedures which the City issues from time to time; (e) process and resolve, to the extent possible, employee safety complaints which have not yet become formal grievances. The Fire Chief or his designee will meet with the Joint Safety Committee within five (5) working days of receipt of a safety complaint for resolution. After an attempt is made to resolve a safety complaint at such meeting of the Joint Safety Committee, an unresolved complaint may be filed directly at Step 2 of the grievance procedure, if the Association so elects. Section 13.7. Formal Training, The City has enacted an Ordinance calling for participation in the Illinois Fire Protection Training Act. (a) The City and the Union agree that it is in the best interest of the City for its employees to participate in training drills and courses. At times, training evolutions are designed to create live scenarios to better develop knowledge and skills for employees. (b) The City recognizes that such drills and courses are as dangerous to employees as a live incident. (c) Employees that are approved instructors by the City shall be qualified in the subject area. They shall be trained in all NFPA and OSHA standards that may apply for safe training. All courses shall be approved by the Safety Committee thirty days prior to the training date. If an acquired structure or practical course becomes available that would not allow for the 30-day lead review, the requirement may be waived with the approval of the course by both of the joint Labor/Management Safety Committee Co-Chairs. All live fire training will be in accordance with NFPA 1403. (d) Training given by MABAS Division 3 shall be approved by the Training Committee thirty days prior to the employee participation. The City shall not have other events or training that would require remaining companies to be on second calls while employees are involved in a MABAS Joint Training Drill and a frontline suppression vehicle is taken out of service. Page 54 of 158 A10.Page 229 of 642 46 (e) Front-line suppression vehicles shall be allowed out of service for training for no more than 4 hours and 30 minutes. (f) Employees who participate as a MABAS Division 3 instructor for approved MABAS Division 3 training or as a NIPSTA Instructor for other classes will be an independent contractor for NIPSTA and not covered under the City's Workers’ Compensation Program. However, the employee may request to use City equipment for the class with the approval of the Fire Chief or his designee. (g) Effective January 1, 2023, and continuing in the first pay period of each fiscal year, the City shall provide all Union members with 36 training hours which shall be used for the purpose of shift/duty coverage to allow members to attend outside training classes while scheduled to be on duty. These hours shall be deposited into a bank known as “Professional Development.” The rules for the use of Professional Development hours shall be as follows: ●After an Outside Training Request has been approved, members must submit for the use of Professional Development hours for shift coverage a minimum of one (1) shift day prior to the day(s) requested. Requests shall be submitted to the member’s Shift Chief and then posted to the membership via department email. ●In order to request the use of Professional Development hours, the member must have the required hours in their bank. ●Members may not be unreasonably denied the use of Professional Development hours. A hireback, including mandatories, may be required at the discretion of the Fire Chief to fill shift staffing when a member submits for the use of Professional Development hours. When a hireback is required, the time charged against the Professional Development bank shall be deducted at 1.5x hours. If the Fire Chief does not hire back, the time charged against the Professional Development bank shall be deducted hour for hour. ●Members who work a hireback or other scheduled overtime shall have the option to direct the hours worked into their own Professional Development bank. ●Members can accumulate up to a maximum of 72 hours. Hours cannot be cashed out and are not transferable. ●Professional Development hours shall not be used or deducted from a member’s bank when an approved class is grant funded or provided in- house. (h) Separate from and in addition to providing Professional Development hours to Union members in this Agreement, the City shall be responsible for providing shift coverage for Union members to attend the following OSFM classes: Page 55 of 158 A10.Page 230 of 642 47 ●Company Fire Officer ●Advanced Fire Officer Members shall be responsible for their own shift coverage to attend any prerequisite class needed to obtain the OSFM certifications of Company Fire Officer and/or Advanced Fire Officer. (i) MABAS team members (TRT, HazMat, Dive, Fire Investigation) who are appointed to and maintain good standing with their respective team by meeting annual minimum STAC requirements shall receive a 1% stipend on top of their base annual salary. Members may be removed from the team for non- compliance with STAC requirements or failure to achieve the required OSFM certifications. MABAS special team members shall serve the Department in such capacity for a minimum commitment of five (5) years. All appointments to MABAS Special Teams shall be consistent with the MOU titled “Special Rescue Team Member Selection” as agreed to and revised as necessary by the Fire Chief and Union President. Section 13.8. Mutual Aid. It is not the City’s intention to use mutual aid to avoid callbacks. Section 13.9. Pension System. The pension and retirement benefit and the administration thereof shall be in accordance with the Illinois Firemen’s Pension Fund for the duration of this Agreement. Section 13.10. Light Duty. If an employee is injured or recuperating and cannot perform normal duties, the City may make a fire-related light duty assignment, if the City determines such assignment is in its best interests, such light duty work is available, if the employee is medically able to perform such light duty, and provided there is a reasonable expectation that the employee will be able to assume full duties and responsibilities within six (6) months. Except as otherwise provided below, light duty assignments shall be on thirty-seven-and-one-half (37.5) hours work schedule in accordance with Section 9.12. For employees with off-the-job injury/illness, in addition to the above conditions, employees may only request light duty after using at least five 24-hour shift days (120 hours) of sick leave. Employees who have less than 5 days (five 24-hour shift days or 120 hours) of sick leave must use the hours they have before requesting light duty. Employees may only request light duty for up to 90 calendar days at which time an extension may be granted by the Fire Chief or his designee. Page 56 of 158 A10.Page 231 of 642 48 All bargaining unit members will receive equal consideration in application of this Section. There shall be no loss of sick pay while an employee is on light duty unless the employee chooses to use sick leave to take off for illness from his light duty assignment, at which time 8 hours of sick time will be deducted for each light duty day missed. An employee assigned to work light duty on a 37.5-hour schedule will report to Fire Department Headquarters on the day he is directed and will work the hours of 0830 to 1700 (8:30 a.m. to 5 p.m.) with the exception of Saturday, Sunday and City Holidays. The Fire Chief may assign an employee on light duty to a 24/48 restricted duty schedule. The Fire Chief or his designee will make that determination based upon the illness/injury of the employee, medications being taken, office projects that need to be completed and the qualifications of the employee making the request. A member’s assignment to a 24/48 hour or 37.5-hour light duty schedule may be altered by the Fire Chief or designee. Employees who are assigned a 24/48-hour restricted duty schedule will work a shift and will follow the standard 24/48 hour schedule including Kelly Days and taking their vacation days. Nothing herein shall be construed to require the City to create light duty assignments for an employee, or to provide light duty work when such assignments may be available. Employees will only be assigned to light duty assignments when the City in its discretion determines that the need exists and only as long as such need exists. Section 13.11. Bulletin Boards. The City will provide bulletin boards in each fire station for the Union to use for postings regarding Union business. The City reserves the right to require prior approval of postings. Section 13.12. Job Descriptions. The Association will be provided with a 30-day advance notice of all changes or additions to the job descriptions of all classifications within the bargaining unit. Section 13.13. Credit Union Checkoff. Upon receipt of a signed credit union checkoff authorization in a form approved by the City, the City agrees for the duration of this Agreement to deduct from such employee’s pay, amounts to be paid to the Evanston Fireman’s Credit Union. Deductions shall be made twice monthly on the first and second City payday of each month and shall be remitted on an expedited basis in the form of an “Advance Check” to the person designated in writing from the Credit Union to receive such deductions. The City has the right to establish reasonable administrative rules in regard to the Credit Union checkoff. It is understood that Page 57 of 158 A10.Page 232 of 642 49 the City shall take no part in the affairs of said Credit Union and shall have no liability for, nor responsibility to the Credit Union, except for the payroll deduction set forth in this Section. Continuation of this Section is contingent upon said Credit Union conforming to the provisions of the Illinois Credit Union Act. Section 13.14. Bed Linens. The City shall provide the initial issue of bed linens upon hire. All subsequent replacement of bed linens shall be at the employee’s expense. Section 13.15. Sick Leave Rules. (a) In the event an employee is unable to report for work due to illness or injury, he/she must inform his/her Department Head or Supervisor by the time designated by the Department rules. Failure to do so, each day of absence, or at agreed-upon intervals in the case of extended illness, may result in loss of pay. Failure to report for three consecutive duty days may result in termination. (b) The Fire Chief may make any appropriate investigation or establish reasonable controls to prevent the abuse of sick leave. Proof of illness or disability in the form of a medical certificate from the attending physician, the City’s physician or a nurse practitioner will be required for any absence of two consecutive duty days or more and will be required for any absence due to sickness or injury after an employee has used 48 hours of sick leave in any calendar year. Abuse of sick leave based on false claims of illness or injury, or falsification of proof to justify such sick leave will be cause for loss of pay and disciplinary action. (c) Grounds for suspecting abuse of sick leave include, but are not limited to, information received by the City that the employee is, or was, during any day for which sick leave is claimed: i. Engaging in other employment; or ii. Engaging in activity or being present in a place inconsistent with a claim of illness or injury. (d) Excessive use of sick leave, repeated instances of inadequate notice to supervisors requesting the use of sick leave, and requests for or use of sick leave under suspicious circumstances (such as a request which immediately follows the employee’s being assigned to a particular job or task or repeated absences immediately preceding or following weekends, holidays or vacation periods, etc.) shall also be grounds for suspected abuse of sick leave. (e) Actual abuse of sick leave shall subject an employee to discipline up to and including discharge. Abuse of sick leave consists of: i. Unjustified or unsubstantiated use of sick leave (as in cases where a doctor’s certificate is required but not supplied, or in cases where the doctor’s certificate or employee statement fails to substantiate the Page 58 of 158 A10.Page 233 of 642 50 employee’s claim of illness or injury requiring the employee to be off work); or ii. Unjustified failure to give adequate notice to the City of the use of sick leave; or iii. Falsification of a written, signed statement by the employee or of a doctor’s certificate. (f) In reference to Article IX, Section 9.5(e), an employee will be required to produce a medical certificate after using 48 hours of sick leave for the employee's spouse or dependent child. Section 13.16. Hearings. The City and the Union shall each be responsible for the compensation of their own witnesses and/or representatives who attend hearings where the Union and the City or the Union and the employee are parties (for example, court hearings, State Labor Board hearings); provided, however, that one employee shall be released from duty if necessary to attend such hearing without loss of pay. If the employee or Union wishes that additional employee representatives or witnesses be present, those employees shall be released from work pursuant to Section 13.2, Exchange of Duty, if the employee requests such exchange. Section 13.17. Physical Fitness Program. (a) General. The City and the Union recognize that employees should be in good physical condition in order to perform their work effectively and safely and to protect themselves, co-workers and citizens. The City recognizes that it has a responsibility to provide a safe working environment, consistent with the inherent risks and hazards of the work, including but not limited to, ensuring that employees are physically fit to perform their work. The approach of this Article shall be positive, and the objective shall be to ensure that employees are fit for work, rather than to discipline or otherwise adversely affect employees. The parties will continue to work through the Joint Safety Committee to achieve the objectives of this Article. (b) Medical Examinations. The City shall provide and pay for a medical examination for all employees covered by this Agreement, on a periodic basis, in order to evaluate the employee’s fitness for duty. The examination shall include those factors which are determined medically appropriate, including electrocardiogram and/or exercise stress tests where appropriate and shall utilize NFPA 1582 Standard on Medical and Physical Performance Requirements for Fire Fighters as a guide in the City physician’s determination. (c) Employee Safeguards. Confidentiality of files under this Section shall be maintained. The City will receive from the medical evaluation only a report that the employee was fit or unfit for duty. Details of the medical examination shall be submitted to the employee, not the City, except that if the employee is determined unfit for duty, the City shall be supplied with that medical information Page 59 of 158 A10.Page 234 of 642 51 which the physician believes is appropriate in order to evaluate the employee’s medical suitability for continued work and/or rehabilitation. If the City receives an unfit for duty medical report, the City will, consistent with the medical evaluation, take into account such factors as medical evaluation from the employee’s own physician, referral to a third independent physician, education, training, re- evaluation, medical leave, referral to light duty and/or employee rehabilitation. The City will take every medical step reasonably appropriate under the circumstances to enable an employee to return to duty and, consequently, a decision to terminate an employee’s employment for unfitness for duty shall only be made as a last resort. (d) Physical Performance. The Department shall adopt a physical exercise program required for participation by all employees. The Department will provide and maintain exercise equipment for employees to utilize at each Fire Station. Recommendations concerning specific exercise equipment and the particular fitness or exercise program shall be developed by the Physical Fitness Committee. (e) Grievance and Arbitration. Any action taken by the City declaring an employee medically unfit for duty shall be subject to grievance and final and binding arbitration pursuant to Section 6.3 of this Agreement. In the event that the City unilaterally adopts a particular exercise program, employees shall participate in the program in good faith, but no discharge or demotion as a result of such participation shall become effective until such time as any disputes between the City and Union as to the reasonableness or validity of any unilaterally adopted exercise program are resolved. Any disputes between the City and Union as to the reasonableness or validity of any unilaterally adopted exercise program shall be subject to final and binding grievance and arbitration under Section 6.1 and Section 6.3 of this Agreement. If the Union so desires, it may raise a potential grievance under this Article in writing at a meeting of the Joint Safety Committee, prior to filing a grievance, in which event if the complaint remains unresolved, the grievance will be filed directly at Step 2 of the grievance procedure. (f) Voluntary Wellness and Fitness Program: The City and the Union agree to establish a voluntary employee wellness and fitness program. To participate in the program, the employee must receive and pass the annual medical examination in accordance with Section 13.17 (B). The employee must also: ●Abstain from use of tobacco products and pass nicotine metabolite (continine) test. o Any employee who is found to have a continine value between 100ng and 299ng is entitled to request one retest to verify the results, provided the employee requests the retest to the Chief within 48 hours of receiving the results. Page 60 of 158 A10.Page 235 of 642 52 o Any employee who receives a test value of 300ng or more is not entitled to a retest. ●Participate in a regular exercise program within the guidelines of Department SOG. ●Pass 7 of the 8 fitness assessment exercises administered. Must pass body composition and VO2max. Fitness Assessment Passing Scores MALE Exercises 21-30 yrs. old 31-40 yrs. old 41-50 yrs. old 51+ Push-ups 35 30 25 20 Plank 90 sec.75 sec.60 sec.45 sec. Grip Strength 100 100 100 100 Curl 100 lbs.90 lbs.80 lbs.70 lbs. Squat 225 lbs.185 lbs.145 lbs.105 lbs. Sit and Reach 14 14 14 14 VO2max 40 40 40 40 Body Comp.18-19%19-20%20-21%21-22% FEMALE Exercises 21-30 yrs. old 31-40 yrs. old 41-50 yrs. old 51+ Push-ups 24 21 18 14 Plank 90 sec.75 sec.60 sec.45 sec. Grip Strength 70 70 70 70 Curl 70 65 56 49 Squat 225 lbs.185 lbs.145 lbs.105 lbs. Sit and Reach 14 14 14 14 VO2max 40 40 40 40 Body Comp.28-29%29-30%30-31%31-32% Test will be given in this set order: 1. VO2max 2. Sit and Reach 3. Plank 4. Squat 5. Push-ups 6. Curl 7. Grip Strength 8. Body Composition Employees meeting these requirements shall receive a $500 stipend toward medical expenses for the following calendar year. This stipend shall be applied to reduce the monthly amount of the employees’ contribution to the health insurance plan selected by the employee. Page 61 of 158 A10.Page 236 of 642 53 Section 13.18. New Classifications. If the City creates new classifications within the bargaining unit, the Union shall be provided with thirty (30) days’ advance notice. The parties shall meet over a period of at least forty-five (45) days at mutually agreeable times and negotiate with respect to wage rates, hours and other conditions of employment for the new classification. Each party’s representative shall give fair consideration to the other party’s proposals. In the event the parties are not able to reach agreement, any disputes as to the City’s or Union’s proposals that constitute a mandatory subject of bargaining shall, at the election of either party, be referred to arbitration for resolution in accordance with the procedures of Section 14 of the IPLRA, as modified below, except that the neutral chairman shall be selected in accordance with Section 6.3, Step 4 of this Agreement. The arbitrator’s authority as to any dispute as to wage rates shall be to determine whether the wage rate for the new classification bears a proper relationship to the wage rates of the classification set forth in the labor contract. Any disputes as to other issues shall be determined in accordance with applicable standards of Section 14(h). In any arbitration under this Section there is a presumption that the hours and other conditions of employment in the Agreement shall apply to the newly created classification. Should the party asserting that the existing hours and other conditions of employment contained in the Agreement are inapplicable to the newly created classification, fail to establish the unique character of the newly created classification, the interest arbitrator shall proceed no further as to issues relating to hours and other conditions of employment. If, however, the interest arbitrator is satisfied that the newly created classification presents unique circumstances requiring the establishment of hours and/or other conditions of employment which differ from those included in the Agreement, that interest arbitrator shall decide those issues under the statutory criteria and procedures established by Section 14(h) of the IPLRA. The arbitrator must address the issue of the asserted inapplicability of the existing hours and conditions of employment to the newly created classification before proceeding to the wage issue in dispute. Section 13.19. Maintenance of Service Levels. The parties recognize and acknowledge the following standards of service: (a) The parties have jointly committed to maintain safe working conditions as described in Section 13.1 of this agreement. (b) “The Fire Department exists, 24 hours of every day, to protect life, property, and the environment. We will provide superior quality fire suppression, emergency medical services, fire prevention, public education, technical and special rescue, non-emergency and support services: to prevent or minimize situations that affect the people we serve.” Page 62 of 158 A10.Page 237 of 642 54 (c) The City Council has determined that this purpose is presently accomplished by maintaining daily staffing levels in accordance with the budget appropriated and adopted for fiscal years 2012-2013, which may be subject to change by City Council after compliance with the dispute resolution procedures of this agreement. (d) Daily staffing levels of twenty-six (26) bargaining unit personnel ensure the safety of employees and protection of the life and property of citizens because staffing levels are sufficient to ensure that companies responding to emergency calls have the staffing necessary to be effective and respond within the department’s average response time. (e) The parties acknowledge that the present daily staffing levels are not necessarily absolute and may be subject to reconsideration due to circumstances currently unforeseen. In the event the City believes changes in present staffing levels are necessitated by changed circumstances, the City shall notify the Union of the reasons for any changes and upon written request from the Union, within ten calendar days, a Labor-Management meeting shall convene to discuss and negotiate in good faith as to the City’s proposed changes. If the parties are unable to come to an agreement within 20 days, either party may invoke interest arbitration in accordance with § 14 of the Act, except the mediation shall be waived. The single arbitrator shall be selected under the procedures of the collective bargaining agreement except the parties shall select the arbitrator from the first panel received within seven days of receipt of the panel, and final offers shall be submitted by the parties to the arbitrator within seven days of the arbitrator’s appointment. The hearing shall thereafter be conducted and concluded within ten (10) days of the arbitrator’s appointment and a decision rendered (without the filing of post-hearing briefs, pre-hearing briefs will be permitted) within seven (7) days thereafter. In the event the arbitrator selected is unwilling to meet these time frames, the last arbitrator struck will be selected until an agreeable arbitrator is found. (f) The Union agrees that during these discussions and negotiations prior to impasse, it will direct all correspondence and inquiries to the City’s appointed negotiating team. The City agrees to share any concerns of the Union with the City Council in the event the proposed changes require City Council’s approval. (g) Should a study be completed, the City and the Union agree to split funding costs (50/50) and create a labor/management subcommittee to provide input in the vendor selection as well as monitor data provided toward the execution of a Community Risk Assessment and Standards of Response Coverage Study. City Council remains vested with the final determination of appropriate service levels as provided in this Agreement. Page 63 of 158 A10.Page 238 of 642 55 Section 13.20. Outside Employment. Employees shall annually notify the Chief in writing of any outside employment. Outside employment shall be defined as being employed by an employer, contracting for or accepting anything of value in return for services and/or self- employed for remuneration. Employees shall be allowed to work on outside employment on their days off, provided such employment shall not: (1) Result in a conflict of interest as defined by City Code of Ethics (2) Bring the City into disrepute (3) Result in outside work during an employee’s work shift; or (4) Involve the use of City equipment, supplies of facilities without express permission from the fire Chief or his designee. Page 64 of 158 A10.Page 239 of 642 56 ARTICLE XIV Policy on Drug and Alcohol Screening Section 14.1. General Policy Regarding Drugs and Alcohol. The use of illegal drugs and the abuse of alcohol and legal drugs by members of the Evanston Fire Department present unacceptable risks to the safety and well- being of other employees and the public, invite accidents and injuries, and reduce productivity. In addition, such use and abuse violate the reasonable expectations of the public that the City employees who serve and protect them obey the law and be fit and free from the adverse effects of drug and alcohol use. In the interests of employing persons who are fully fit and capable of performing their jobs, and for the safety and well-being of employees and residents, the parties hereby establish a screening program implementing the stated policy regarding drug and alcohol use by employees and potential employees of the Evanston Fire Department. Contained herein is the policy and program of the City of Evanston and the Evanston Fire Department, as specifically applied to members of the Evanston Fire Department. The Fire Department has the responsibility to provide a safe work environment as well as a paramount interest in protecting the public by ensuring its employees are physically and emotionally fit to perform their jobs at all times. For these reasons, the abuse of prescribed drugs, the abuse of alcohol or the use, possession, sale or transfer of illegal drugs, cannabis or non-prescribed controlled substances by Department members is strictly prohibited on or off duty. Violation of these policies will result in disciplinary action up to and including discharge. Section 14.2. Definitions. (a) “Drugs” shall mean any controlled substance listed in 720 ILCS 570/102, known as the Illinois Controlled Substances Act, for which the person tested does not submit a valid pre-dated prescription. Thus, the term “drugs” includes both abused prescription medications and illegal drugs of abuse, to include Schedule I, II, III, IV, and V controlled substances. In addition, it includes “designer drugs” which may not be listed in the Controlled Substances Act but which have adverse effects on perception, judgment, memory or coordination. A listing of drugs covered by this policy includes, but is not limited to: Opium Methaqualone Psilocybin-Pilocyn Morphine Tranquilizers MDA Codeine Cocaine PCP Heroin Amphetamines Chloral Hydrate Meperidine Phenmetrazine Methlyphenidate Marijuana LSD Hash Barbiturates Mescaline Hash Oil Glutethimide Steroids Page 65 of 158 A10.Page 240 of 642 57 (b) “Impairment” due to drugs or alcohol shall mean a condition in which the employee is unable to properly perform his/her duties due to the effects of a drug in his/her body. Where impairment exists (or is presumed), incapacity for duty shall be presumed. “Impairment” due to alcohol shall be presumed when a blood alcohol content of .02 or more is measured. (c) “Positive Test Results” shall mean a positive result on both a confirming test and an initial screening test. If the initial test is positive, but the confirming test is negative, the test results will be deemed negative, and no actions will be taken. A positive confirming test result is one where the specimen tested contained alcohol, drug or drug metabolite concentrations at or above the concentration specified in Section VI.A.7. (d) The term “drug abuse” includes the use of any controlled substance which has not been legally prescribed and/or dispensed, or the abuse of a legally prescribed drug which results in impairment while on duty. Section 14.3. Pre-Employment and Probationary Screening. All new Firefighter applicants will be required to submit blood and urine specimens to be screened for the presence of drugs and/or alcohol prior to employment. No applicant with a confirmed positive result shall be eligible for hire. Any applicant refusing to submit to such required testing shall not be considered for employment. Probationary employees will be required to submit blood and urine specimens to be screened for the presence of drugs and/or alcohol during the final 30 days of the probationary period. Section 14.4. Prohibitions. Firefighters shall be prohibited from: (a) Consuming or possessing alcohol or illegal drugs at any time during the workday on any of the Employer’s premises or job sites, including all of the Employer’s buildings, properties, vehicles and the employee’s personal vehicle while engaged in the business of the Employer. (b) Using, selling, purchasing or delivering any illegal drug during the workday or when off duty. (c) Being impaired due to alcohol during the course of the workday. (d) Failing to report to their supervisor any known adverse side effects of medication or prescription drugs which they are taking. (e) The use of alcohol within four hours of reporting to duty. Page 66 of 158 A10.Page 241 of 642 58 Violations of these prohibitions will result in disciplinary action up to and including discharge. Section 14.5. Administration of Tests. (a) Informing Employees Regarding Policy. New employees will be supplied with a copy of this Policy on Drug and Alcohol Screening as part of the new employee orientation. The City shall provide annual training to employees regarding the goals of this policy, namely, that employees of the Fire Department be fit and free from the adverse effects of the use of illegal drugs and the abuse of alcohol and legal drugs; such training will include a review of this policy. However, it is the responsibility of all members of the Fire Department to be aware of, and adhere to, this policy and rules and procedures contained herein. (b) Reasonable Suspicion. Where the City has reasonable suspicion of drug use or alcohol abuse, a test may be ordered, and the employee may be required to report for testing. Reasonable suspicion exists if the facts and circumstances warrant rational inferences that a person is using and/or is physically or mentally impaired due to being under the influence of alcohol or illegal drugs. Reasonable suspicion will be based upon the following: i. Observable phenomena, such as direct observation of use and/or the physical symptoms of impairment resulting from using or being under the influence of alcohol or controlled substances; or ii. Information provided by an identifiable third party which is independently investigated by the Fire Chief or his designee to determine the reliability or validity of the allegation. (c) Accidents/Injuries. When a member is involved in an on-the-job accident or injury, a supervisor shall conduct a preliminary investigation promptly and, as part of the investigation, shall evaluate the member’s appearance and behavior. Drug and alcohol testing may be required where there is reasonable suspicion that an error or mistake due to drug or alcohol use by the member caused the accident or injury or where there is reasonable suspicion that a member’s alcohol or drug use may have contributed to the incident. (d) Performance. When a member is observed to be behaving in a manner causing reasonable suspicion of drug and/or alcohol use, the supervisor may require a drug and alcohol test. Whenever feasible, the impaired behavior should be observed and corroborated by another supervisory member. (e) Arrest or Indictment. When a member has been arrested or indicted for conduct involving alcohol abuse and/or illegal drug related activity on or off duty, the Fire Chief may require drug/alcohol screening. The Fire Chief may also or instead of a drug/alcohol screening, make a mandatory referral for an evaluation of the existence of a substance abuse problem. If the certified substance abuse professional or other licensed physician or psychologist acceptable to the City Page 67 of 158 A10.Page 242 of 642 59 and to the Union indicates that a treatment program is recommended, that treatment program will be viewed as mandatory in accordance with the existing language in the drug/alcohol policy. If the evaluation indicates a treatment program is not necessary, the treatment program would not be mandatory. (f) Status of Employee Following Order for Testing. When testing is ordered, the employee will be removed from duty and placed on leave with pay pending the receipt of results. (g) There shall be no across-the-board or random testing of employees except as specifically provided for by Section 14.9 of this Article, or as otherwise mutually agreed in writing by the parties. Section 14.6. Testing Procedures. The test procedures outlined in this Section shall conform with the Federal Guidelines issued by the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) as set forth in Title 42 of the Code of Federal Regulations. In the event there is any conflict between the procedures set forth in this Section 14.6 and SAMHSA Standards, the SAMHSA Standards shall control. Human Resources, in conjunction with the Fire Chief, will ensure that the following procedures are established for the collection of urine and blood specimens and the testing of such specimens at a designated SAMHSA-certified laboratory. A. General Procedures. 1) Employees covered by a collective bargaining agreement are entitled to union representation; a union representative shall accompany the employee to the collection site, provided such representative is available and that securing such representative does not impede the process. 2) Collection Sites. Collection services will be provided at the OMEGA Clinic (the City’s physician group). For services when OMEGA is not open, collection services will be provided at the Evanston Hospital Emergency Room. 3) Chain-of-Custody. In all cases, strict chain-of-custody procedures will be followed: a. Immediately after the specimen is obtained, the client and the doctor or nurse will initial the confidence seal on the urine specimen. b. Both parties will sign the laboratory chain-of-custody form, including the date and time. c. Labeled specimens will be placed in a locked refrigerator or laboratory container located in the clinic. The OMEGA staff member will sign and date the OMEGA log. Page 68 of 158 A10.Page 243 of 642 60 d. Lab courier will pick up specimens twice per weekday and once per weekend. Courier and OMEGA staff will sign the chain-of-custody form. e. Specimens will be transported directly to the designated SAMHSA- certified laboratory where they will be processed in a separate drug testing area accessible only to authorized personnel. f. Once in the lab, all personnel who handle the specimen must sign and date the chain-of-custody form. 4) Scheduling. a. “For cause/fitness for duty” and other non-routine collection of specimens for testing will not require an appointment, but the individual must be accompanied by a supervisor, who will present identification. In most cases, OMEGA will be notified by phone of a collection request “on the way.” b. Routine collection of specimens for testing will be done by appointment at least 24 hours in advance. c. When collection is done at the Emergency Room, the City will notify OMEGA on the next business day. At the hospital, the supervisor will present identification and notice that this is an OMEGA client. 5) Results. Results will be confidentially forwarded to Human Resources. Generally, this means within 24-72 hours of specimen pick-up by the lab. Results will not be released by phone when the call is initiated by someone outside OMEGA or the testing lab. Written results are the property of the City of Evanston and will not be released by OMEGA or the laboratory to an employee/applicant without proper authorization from the City. 6) Collection Procedure. a. Client identity will be verified by driver’s license or by the supervisor in the absence of a picture ID. Verification will be done by doctor or nurse. b. Drug history/drug disclosure form will be completed by the client and reviewed by the doctor or nurse. c. Consent form will be signed by client and witnessed. d. The specimen will be obtained as follows: i. At the OMEGA site, the collection will be unwitnessed: the client will be fully unclothed, dressed in a hospital gown, wash his/her hands thoroughly, including under and around the fingernails, and accompanied to the bathroom door. The client will void in a bathroom with colored toilet water, taps shut off, and devoid of soap or other materials which would be used to adulterate the specimen. ii. At the Emergency Room site, if the specially equipped bathroom is not available, the test will be witnessed. A doctor and/or nurse will accompany the client to the bathroom and will be physically present when the specimen is produced. Blood alcohol specimens will be obtained by a nurse. Page 69 of 158 A10.Page 244 of 642 61 e. Blood alcohol specimen will be labeled with name, test date, time, and will be initialed by the nurse or doctor and the client. f. Urine specimen will be sealed in full view of the client and the confidence seal placed over the top of the bottle. g. The chain-of-custody process will be initiated, and specimens will be given an I.D. number. The specimen will be labeled with that number, as is the chain-of-custody form. h. Copies of the chain-of-custody form will be sealed in a tamper-proof custody envelope with the specimen. The envelope will be locked up in a metal box or locked refrigerator. i. “For Cause” testing will also include a medical history and physical exam to gather an understanding of any physical conditions, known or unknown, of a client, as well as to provide a third-party observation and assessment of the individual. j. In connection with its testing program the City shall engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading. 7) Laboratory Process. OMEGA will utilize a SAMHSA-certified laboratory for all drug/alcohol screening processing. The laboratory will: a. Use 7 drug panel of: amphetamines, barbiturates, benzodiazepines, cocaine, cannabinoids (THC), opiates and phencyclidine, unless the specific situation requires testing for another specific substance(s), plus alcohol (ethyl). b. Use the enzyme immunoassay (EIA) procedure as the initial screen and use gas chromatography/mass spectroscopy (GC/MS) as the confirmatory method, utilizing cutoff levels consistent with the US Department of Health and Human Services which are currently as follows: Page 70 of 158 A10.Page 245 of 642 62 c. Freeze and retain all positive specimens for at least twelve (12) months after testing. d. Use for alcohol (ethyl) a blood alcohol content level of .02 grams per 100 cubic centimeters. B. Independent Testing. When an employee has been tested pursuant to the rules established herein and there are confirmed positive results, the employee may request that a portion of the original specimen be submitted for an independent test. The employee shall be notified of his/her right to do so and request and complete the independent test within ten (10) days of notice. The independent test shall be at the employee’s expense, shall use equivalent testing and chain-of-custody process used by the City. If such independent test yields a negative test result, the City will consider those results in its determination of further action. C. Confidentiality of Test Results. The results of drug and alcohol tests will be disclosed to the person tested, the Fire Chief, Human Resources, and such other officials as may be designated by the City Manager on a need-to-know Page 71 of 158 A10.Page 246 of 642 63 basis consistent with the other provisions of this Agreement, including treatment needs, diagnosis, use of the Employee Assistance Program and investigation of disciplinary action. Test results will be disclosed to the designated representative of the union upon request. Test results will not be disclosed externally except where the person tested consents or disclosure is permitted by law. Any member whose drug/alcohol screen is confirmed positive shall have an opportunity at the appropriate stage of the disciplinary process to refute said results. A breach of confidentiality shall be considered a serious act of misconduct and the Union may grieve and remedy violations through the grievance procedure. Nothing in this provision shall be construed as waiving the Union’s statutory right to obtain information that may be relevant to collective bargaining or the administration of grievances. Section 14.7. Voluntary Request for Assistance. Employees are encouraged to voluntarily seek treatment, counseling and/or other support and assistance for an alcohol or drug related problem. If such voluntary assistance is sought by the employee before the employee commits rule violations connected with drug/alcohol abuse, and/or before the employee is subjected to for cause testing under this policy, there shall be no adverse employment action taken against an employee who voluntarily seeks assistance. When voluntary assistance is requested under this policy, the employee may use the City’s Employee Assistance Program to obtain referrals, treatment, counseling and other support and all such requests shall be treated as confidential pursuant to the City’s normal procedures in the operation of its Employee Assistance Program. Section 14.8. Specific Responsibilities. A. The Fire Chief or his/her designee will: 1. Identify those members where a drug/alcohol screen is required and inform Human Resources of said status. 2. When necessary, initiate a preliminary investigation to determine the validity of a member’s admission that he/she is presently taking prescribed drugs. a. If the preliminary investigation reveals that the drugs have been legally prescribed and are being consumed according to prescription directions, no further investigation will ensue. b. In all other instances, a formal investigation will ensue when the test results disclose positive indicators and/or evidence of drug/alcohol usage by the member. B. Command level personnel or the Fire Chief shall ensure that members have been properly notified of the date and time of a drug/alcohol screen and that the notification has been properly documented. C. The member subject to a drug/alcohol screen will: 1. Report on a date and time determined by the Department. Page 72 of 158 A10.Page 247 of 642 64 2. Furnish documentation relating to the use of any prescribed drugs, i.e., prescription bottle with prescription number, prescribing physician’s statement, etc. 3. Answer all pre-medical examination questions including the use of any/all prescribed drugs and the name(s) of any prescribed drugs and the name(s) of any prescribing physician(s). 4. Cooperate in the completion of all phases of the drug/alcohol screen in accordance with the instructions of the examining physician or his/her designee. 5. Have in his/her possession his/her departmental identification card. D. Any member who is taking prescription medication that could affect perception, judgment, memory, coordination or other necessary ability to perform one’s duties shall report such fact and the nature of the illness or condition requiring the medication to his/her supervisor. Such information will be treated on a confidential basis. Section 14.9. Disciplinary Action for Confirmed Positive Test Results. (a) First Positive. The first confirmed positive test result will be cause for disciplinary action up to and including a five-duty day disciplinary suspension. The employee must agree to the following conditions: (1) the employee will be mandatorily referred to the City’s Employee Assistance Program for evaluation, diagnosis and development of a treatment plan consistent with generally accepted standards; and (2) the employee will be required to cooperate in the treatment plan, undergo unannounced periodic drug and/or alcohol screening for a period of up to 12 months, successfully complete the prescribed treatment, remain free of drug and alcohol use, and sign an agreement consenting to said conditions. Failure to comply with these conditions of continued employment shall be cause for discharge. (b) Second Positive – During Treatment. If an employee has a first confirmed positive test under the previous paragraph A and enters a treatment program, and thereafter that employee has a subsequent confirmed positive test result while the employee is in treatment, as a result of unannounced periodic drug and/or alcohol screening, the employee shall receive a 30 shift day disciplinary suspension and shall be required to continue in treatment and comply with the other conditions of treatment as set forth in the preceding paragraph, which 30 shift day disciplinary suspension shall be final and binding on the Union and the employee and shall not be subject to the grievance procedure. Any confirmed positive test thereafter, either periodic unannounced or reasonable suspicion, shall result in the employee’s discharge, which shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure of the collective bargaining agreement. (c) Second Positive – Reasonable Suspicion. An employee who has a first confirmed positive test under Paragraph A of this Section 14.9 and who subsequently has a confirmed positive test under the reasonable suspicion Page 73 of 158 A10.Page 248 of 642 65 standard shall be discharged, which discharge shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure in the collective bargaining agreement. (d) Employment Status. There is no requirement on the part of the City to keep an employee on active employment status who is receiving treatment under this Section if it is appropriately determined (i.e., determination by an independent physician and/or appropriately certified medical and/or psychological professional) that the employee’s current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity to use accumulated paid leave or take an unpaid leave pending treatment. Page 74 of 158 A10.Page 249 of 642 66 ARTICLE XV Paramedics Section 15.1. General. In an effort to maintain a sufficient number of Paramedics for the City of Evanston, the following policy will be adopted: This policy applies to members in the Department who perform Emergency Medical Services, have secured licensure as Emergency Medical Technician/Paramedic (EMT-P) with the State of Illinois, Department of Public Health, by and through the Emergency Medical System (EMS) under which the Evanston Fire Department operates its Advanced Life Support (ALS) Service, and to members of the Department who are in the process of obtaining such licensure (provisional). A memorandum will be issued annually by the Fire Chief regarding a reasonable number of paramedics necessary for the provision of EMS services by the Evanston Fire and Life Safety Department. Section 15.2. Training. Annual required training of Paramedics and provisional members of the Evanston Paramedics Service shall normally take place on duty hours. Where training activities are scheduled at a time when a participant is not regularly scheduled to work, overtime shall be paid in accordance with the Union Contract. Paramedics may also enroll in additional educational courses and seminars offered by outside agencies to enhance their EMT-P skills; any outside training opportunities shall be procured under the guidelines as set forth in the Department’s Outside Training SOG. Section 15.3. Implementation of Staffing. Sufficient Paramedics to properly staff the Paramedic Service shall be secured from the following sources: a) Volunteer Paramedics: Firefighters hired from the provisional employment list posted on December 12, 1983, or provisional employment lists posted on earlier dates who have volunteered (or who may volunteer in the future) to secure appropriate licensure and perform as Paramedics. These Paramedics must agree to commit to participate in the service for a term of service – hereinafter referred to as a “basic commitment period” – equal to the duration of his/her existing period of licensure. Mandatory Paramedics: Firefighters hired from the provisional employment list posted on July 7, 1986, or hired after August 18, 1986. These persons shall be required as a condition of employment to attain and maintain in good standing their licensure as an EMT-P (Paramedic). Page 75 of 158 A10.Page 250 of 642 67 b) Drafted/Assigned Paramedics: If the Fire Chief determines there are insufficient existing Paramedics and additional Paramedics are necessary to provide Emergency Medical Services, Firefighters may be drafted/assigned to become Paramedics. Firefighters will be assigned beginning with the non- paramedic Firefighter with the least amount of seniority, in ascending order until the appropriate number of Paramedics is secured. A drafted/assigned Paramedic shall be required to participate in the EMS for one complete period of licensure, following completion of the licensing and certification requirements. Drafted/assigned Paramedics shall make their best effort to secure the required licensure and certifications. Section 15.4. Conditions for Withdrawal from Paramedic Program. a) Volunteer or Drafted/Assigned Paramedics: Members of the Department who are Volunteer or Drafted/Assigned Paramedics and who have completed their basic commitment period may request to withdraw from the program. All requests to withdraw must be made between November 1 and November 30 of each year and shall be submitted in writing to the Fire Chief. These members may be allowed to withdraw if the number of existing paramedics exceeds the number set by the Fire Chief, in descending order of seniority as a Paramedic with the Evanston Fire Department. Seniority in this case will be determined by the month and year the member becomes certified in the St. Francis System. b) Medical Withdrawal: Volunteer and Drafted/Assigned Paramedics may withdraw from the service prior to completing their basic commitment or further commitment terms or outside of the stated withdrawal terms only upon submission of satisfactory medical evidence of unsuitability for the Paramedic Service and after approval by the Fire Chief or his designee. Mandatory Paramedics who cannot continue as a Paramedic and require medical withdrawal shall seek a disability pension or are subject to termination. a) Post Withdrawal: Any paramedic allowed to withdraw from the program and remain with the Department will be required to maintain status as an EMT-B. Section 15.5. Paramedic School and Classes. (a) Failure to Pass Paramedic Class/State Test: Mandatory Paramedics will be given only one opportunity to pass the Paramedic Class, unless agreed otherwise by a committee of three which consists of the EMS Coordinator, the Division Chief EMS, and the Fire Chief. In addition, they will be given no more than three (3) opportunities to pass the State licensure test. Any Mandatory Paramedic who fails to pass the class or test based upon the criteria in this section will be subject to termination. (b) Post Class Requirements of the EMS System: Provisional paramedics must successfully complete any licensure requirements within 12 months of passing the State paramedic exam, unless an extension is recommended by a Page 76 of 158 A10.Page 251 of 642 68 committee of three, which consists of the EMS Coordinator, the Division Chief EMS, and the Fire Chief. (c) EMT-B Course: Failure to complete the EMT-B course within the same constraints as outlined for the Paramedic course will subject the individual to termination. Section 15.6. Liability Coverage. The City shall provide complete liability coverage for Firefighters operating within the scope of their employment as Paramedics. Section 15.7. Paramedic Preceptors. The City shall establish a Paramedic Preceptor program to provide a mentoring relationship between a paramedic student and established firefighter/paramedics. The Preceptor is to provide to the student the assistance necessary to develop the knowledge and skills to the level at which the student is capable of operating as a Paramedic in the St. Francis EMS System. a) Qualifications: Preceptors must be a firefighter/paramedic in good standing within the St. Francis EMS System and must have a minimum of three years of such standing with the Evanston Fire Department. Preceptors must also possess the following certifications: 1) Advanced Cardiac Life Support; 2) Pediatric Advanced Life Support. b) Requirements: The preceptor must 1) complete the St. Francis EMS System preceptor orientation program, 2) meet all System and Departmental reporting and riding requirements, and 3) maintain the mentoring relationship from assignment to a student through the student’s successful completion of the State licensure exam. Selection/Payment: The Department may select preceptors from an eligible volunteer pool. The Department reserves the right to assign members as preceptors to meet its needs. Paramedics who are serving as preceptors as of March 1, 2001, will be considered as qualified for selection as a preceptor. An employee assigned to serve as a preceptor to a student for a shift will be paid 10.0% of the GP pay step hourly rate for the twenty-four hours of the shift worked. Section 15.8. Performance Improvement Measures and Critiques "PIC". No disciplinary action may be taken by the City of Evanston upon an EMT or Paramedic for any and all information brought about within the confines of the EMS Resource Hospital Request for Clarification or Performance Improvement Critique "PIC" Methods. The City maintains the right to clarify any pre-hospital care provided by an EMT or Paramedic employed by the City. However, any clarification conducted by City personnel must be concluded prior to Page 77 of 158 A10.Page 252 of 642 69 commencement of a Request for Clarification or "PIC" ordered by the EMS Resource Hospital and is subject to Article VI of the CBA. The results of the Request for Clarification or "PIC" Methods as dictated by the EMS Resource Hospital are for quality improvement only and are not to be punitive to the EMTs or Paramedics involved. Page 78 of 158 A10.Page 253 of 642 70 ARTICLE XVI Promotions Section 16.1. Promotions. Promotions to the rank of FAO, Captain, Field Chief, Shift Chief, and Division Chief (refer to Appendix M) shall be governed by the rules and regulations of the City of Evanston in effect as of March 1, 1991 and the Fire Department Promotion Act (50 ILCS 742) to the extent they are not inconsistent with the terms of this Article, (a copy of the Act is attached as Appendix G), or other mutual agreements between the parties under this Article. Beginning with the expiration of the 2005-2009 promotional eligible list, the City will post new promotional eligible lists no more than three years after the posting of the prior list(s) for FAO, Fire Captain, Field Chief and Shift Chief; promotional eligible lists shall last for a minimum of two years, unless exhausted. Section 16.1.1. Vacancies. This Article applies to promotions to vacancies in the ranks of Fire Apparatus Operator, Captain, Field Chief and Shift Chief. A vacancy shall be deemed to occur in a position on the date upon which the position is vacated, and on that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to a lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions vacated have been filled or for a period of up to 5 years beginning from the date on which the position was vacated. In such an event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the final adjusted promotion list; such candidate must provide in writing his decision to refuse a promotion including the reason therefore and submit the same to the Fire Chief no later than 5 calendar days following the offer of promotion. Any candidate not following this procedure or who refuses promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person’s opportunities to participate in future promotion examinations. Section 16.2. Fire Apparatus Operator/Qualified Driver. Promotions to rank of Fire Apparatus Operator shall be governed by the rules and regulations of the City of Evanston in effect as of March 1, 1991, and the Fire Department Promotion Act (50 ILCS 742) to the extent they are not inconsistent with the terms of this Article, (a copy of the Act is attached as Appendix G), or other mutual agreements between the parties under this Article. The City will post new promotional eligible lists no more than three years after the posting of the prior list, for Fire Apparatus Operator; a promotional eligible list shall last for a minimum of two years, unless exhausted. Obtaining the rank of Fire Apparatus Operator shall not be a requirement to promote to the next rank of Fire Captain. Page 79 of 158 A10.Page 254 of 642 71 In order for an employee to participate in the Fire Apparatus Operator examination, said employee shall have a minimum of three years (3) experience with the Evanston Fire Department assigned to suppression, as a firefighter or a firefighter/paramedic to test and qualify as a Fire Apparatus Operator. An employee must possess the following qualifications to participate in the examination: ●State of Illinois Driver’s License Class A (Non-CDL) classification OR for members residing outside of Illinois: o A similarly waived CDL license classification as Illinois (i.e., Non- CDL Class A) OR o A driver’s license issued by his/her residency state that permits driving fire service vehicles AND that state maintains a reciprocity agreement that allows the member to operate emergency vehicles in Illinois, OR o If a member lives in a state that does not have such reciprocity agreements, he must possess a CDL commensurate with position as determined by the Fire Chief. ●Illinois Office of the State Fire Marshal FAE Certificate, ●Illinois Office of the State Fire Marshal Fire Service Vehicle Operator Certificate The placement of employees on promotional lists shall be based on the points achieved by the employees on promotional examinations for Fire Apparatus Operator consisting of the following components weighted as specified: Written Exam 50% Practical Exam Pass/Fail Seniority 50% All applicants that pass the practical exam and written exam (minimum passing score of 70% on each exam) will be placed on the eligibility list in rank order. In the event of tied scores, the more senior applicant will be placed ahead of the other applicant on the list. Seniority will be calculated based on months of completed service as of the close of applications. Candidates shall be awarded a maximum of fifty (50) points on the promotional examination for seniority. Candidates shall be awarded two points for each Twelve months of completed service, and thereafter, one sixth (.167) of a point for each month of completed service to the maximum of 50 points. (a) Procedure for Selection. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to the that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the Page 80 of 158 A10.Page 255 of 642 72 right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotional list. If the highest-ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest-ranking person on the list. Unless the reasons for passing over the highest-ranking person are not remedial, no person who is the highest-ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with any grievance procedure in Article 6.3 of this Agreement. In the event of a tied score, the applicant with the most seniority will be placed ahead of the other. (b) Test Components. All promotional criteria used shall have a direct bearing on the position being tested and will stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. All promotional criteria will be job related in accordance with EEOC guidelines. Scores on each component of the exam shall be posted. Written Exam The written examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at least ninety (90) days before the date of the written examination. (1) The appointing authority may not condition eligibility to take the written examination on the candidate’s score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least ninety (90) days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list. The written examination shall be administered, the test materials opened, and the results scored and tabulated. (2) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25 of the Fire Department Promotions Act, or if the tests are graded offsite by a bona fide testing agency, the observers (if appointed) shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day Page 81 of 158 A10.Page 256 of 642 73 of the examination or upon the day of its return from the testing agency (or the appointing authority shall require the testing agency to mail the individual scores to any address submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. (3) A joint Labor/Management Committee shall be formed by the express purpose of assisting any outside agency in designating the job-related subject matter to be tested. A sample written examination that may be examined by the appointing authority, testing agency and members of the department, but no person in the department or the appointing authority (including the Chief, Civil Service Commissioners and other appointed or elected officials) may see or examine the specific questions or the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (4) Each department shall maintain reading and student materials for its current written examination and the reading list for the last two (2) written examinations or for a period of five (5) years, whichever is less, for each rank and shall make these materials available and accessible at each duty station. Practical Exam The practical examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at the same time as study material is made available for the written exam. (1) A joint Labor/Management Committee shall be formed for the express purpose of assisting any outside agency in designating the job-related subject matter to be tested. (2) The practical examination shall consist of questions and scenarios relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of study materials that the appointing authority has identified and made readily available to potential examinees at least ninety (90) days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. Page 82 of 158 A10.Page 257 of 642 74 (3) Practical examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25 of the Fire Department Promotions Act, or if the tests are graded offsite by a bona fide testing agency, the observers (if appointed) shall witness the sealing and the shipping of the tests for grading. (4) The Practical exam will be Pass/Fail with the applicant needing 70% to pass and be placed on the eligibility list. (c) Supplemental Concepts. The parties will further agree that the promotion system shall be guided by the following principles: (1) All rating factors should be related to performance factors important to carrying out the major duties of the promotional rank. (2) Rating factors should be weighted in accordance with their relative importance in the primary duties of the promotional rank, recognizing that a FAO is responsible for the care, management, and operation of assigned fire apparatus. (3) The rating system should stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. (4) The authority assigning the final rating should be able to account for its rating by providing reasons or examples of performance to support its conclusion. (5) Due deference should be accorded to the advice and recommendations of outside consultants who may be retained by the City to provide expert guidance in the designing and implementation of a professionally developed performance and promotional evaluation system. (d) Grievances. Any candidate may file a grievance under the grievance/arbitration procedures of this Agreement. Any such grievance must be (1) filed within 21 days of the date the City posts the promotional list; and (2) limited to a claim that the City failed to follow the promotional procedural requirements of this Article (as distinguished from a claim that the grievant disagrees with the specific promotional selection.) Assignments: Current FAOs shall be grandfathered into their rank and will not be required to participate in the testing process. There shall be a minimum of twenty-one (21) Fire Apparatus Operators. An opening shall be filled with the first available candidate from the eligibility list. A candidate on the eligibility list will be known as a Qualified Driver (QD). The Department shall fill all vacancies within thirty (30) days, according to the qualified drivers list. As with other ranks, FAOs will be assigned to a particular shift. The Fire Chief or his designee may change a FAO shift assignment for a bona fide operational need of the department. Page 83 of 158 A10.Page 258 of 642 75 Conflict with Other Programs: FAOs can and shall be detailed as an Acting Captain according to the Acting Policy and this contract. FAO Absence: When a FAO is absent due to leave time, the driver’s position should be filled with a FAO or a Qualified Driver. If a FAO or QD is not available, a FAO shall be hired back to fill the position. When there is an opening due to a FAO being absent and a FAO from another shift is working either due to a hireback or trade, the FAO will be used prior to a QD. Use of a Qualified Driver: Qualified Drivers (QD) may be used when an FAO is not available. A QD can drive either an engine or truck if he/she has both courses. If the QD has only one of the classes, that is the only vehicle that they are qualified to drive. The current method of becoming a FAO/QD shall be utilized until a formal eligibility list is established, no later than December 2013: 1. Engine: Two years of employment with the Evanston Fire Department; Fire Apparatus Engineer (FAE) state certification; completion of in-house driver training course; 2. Aerial: Three years of employment with the Evanston Fire Department; Fire apparatus Engineer (FAE) state certification; completion of in-house driver training course; completion of aerial operations class. 3. Fire Apparatus Operators shall be the most senior members who have qualified on both the engine and the truck. Fire Apparatus Operator Job Description: Under supervision, drives, operates and maintains (in accordance with his classification) fire apparatus and related firefighting equipment, engages directly in firefighting, EMS, fire prevention activities and training which are designed to protect and safeguard lives and property; assists in routine maintenance of fire stations and equipment; performs prescribed duties in any emergency so declared by the Fire Chief or his designee. A fire Apparatus Operator is responsible for the care and management of assigned fire apparatus and motor vehicles; is held strictly accountable for its condition at all times, particularly with reference to its cleanliness, good order and readiness for emergency service. Illustrative Examples of Work: Drives fire apparatus (engine, truck, etc.) to scene of fires, emergencies and as otherwise ordered; connects and disconnects engine hose line from hydrant to pumper; operates pumper and/or aerial apparatus in fighting fires, making minor repairs and adjustments to equipment during operation; cleans associated fire equipment; tests pumper for proper Page 84 of 158 A10.Page 259 of 642 76 operating efficiency; ensures that assigned apparatus is clean and ready for inspection daily, except as otherwise directed in emergency circumstances by superior; ensures that assigned apparatus is operated safely under all circumstances consistent with conditions; ensures that assigned tools and equipment are used only for intended purposes including work at fire and scheduled drills; maintains accountability and availability of assigned equipment; maintains fire apparatus check/status reports; performs duties of superior, may exercise direction over firefighter and less senior fire apparatus operators when so ordered. Required Knowledge, Skills and Abilities: Must be familiar with buildings, streets, fire hydrants, alarm boxes, etc.; have knowledge of the operating theory and practice of pumps, pump motors and hose lay outs; working knowledge of the rules and regulations of the Evanston Fire Department; ability to drive and operate fire apparatus and related equipment; ability to follow oral and written Instructions; ability to establish and maintain effective working relations with others; have ability to perform heavy physical labor in the lifting, moving and connecting of heavy hose sections and other equipment; skill in the operation and routine maintenance of fire apparatus and related equipment; must demonstrate proficiency in the duty of the firefighter. Accident Review Accident Prevention. An employee receiving two preventable accidents in a rolling twelve-month period shall be subject to remedial training as designated by the Joint Safety Committee. The Safety Committee may null and void one preventable accident (marked against an FAO/QD in a 12-month period) if the Safety Committee determines the accident to be minor in nature. Regardless of whether the Joint Safety Committee determines that an accident is preventable, and regardless of whether an employee is subject to remedial training as designated by the Joint Safety Committee, an employee may nevertheless be disciplined for conduct related to an accident by the Fire Chief, whose authority to discipline an employee is independent of the Joint Safety Committee’s determination. Accident Review. All accidents will be reviewed by the Joint Safety Committee established pursuant to Section 13.6. For purposes of this section, the Committee will make the determination if the accident was preventable or not preventable. (a) The Committee has the right to order specific drivers training for corrective measures. Any corrective measures are to be done on-duty and a summary of the corrective measures will be documented by the Company Officer (prior to the end of his/her tour of duty) and placed into the employee’s training file. (b) All accidents will be reviewed within twenty-one (21) calendar days of an incident, and the employee involved will receive results within seventy-two (72) Page 85 of 158 A10.Page 260 of 642 77 hours. An employee may appeal the decision. The appeal must be made in writing as to his/her rationale for the appeal. The appeal shall be e-mailed to the Fire Chief or his designee. (c) In the event of a tie or an appeal, an appeals board, separate from the Joint Safety Committee, shall be formed within ten (10) business days consisting of a Suppression Fire Captain, F.A.O., and a Chief Officer. The Fire Chief shall choose two, and the Union President shall choose one. The Board shall meet within ten (10) business days and the employee involved will receive results within seventy-two (72) hours. If the employee is not satisfied with the results or the process, he/she has the right to file a grievance according to Article VI section 6.3 starting at step 2 within ten (10) days. Effective with the establishment of any Fire Apparatus Operator Promotional List after January 1, 2024, the placement of employees on promotional lists shall be based on the points achieved by the employees for promotional examinations for Fire Apparatus Operator consisting of the following components weighted as specified: Written Exam 40% Practical Exam 30% Seniority 22.5% Acting Time 7.5% Seniority will be calculated based on months of completed service as of the close of applications. Candidates shall be awarded a maximum of twenty-two and one- half (22.5) points on the promotional examination for seniority. Candidates shall be awarded one point for each twelve months of completed service, and thereafter, one-twelfth (.08333) of a point for each month of completed service to the maximum of 22.5 points. Acting Time will be awarded for previous years of acting experience as a Qualified Driver on an eligibility list for promotion as of the close of applications. Candidates shall be awarded three-quarters (0.75) of a point for each year of eligibility, and thereafter, one-twelfth of three-quarters of a point (.0625) for each month of eligibility on a previous final list for promotion, up to a maximum of seven and one-half (7.5) points. Points awarded for Seniority and Acting Time as part of this Agreement shall be posted concurrently. Page 86 of 158 A10.Page 261 of 642 78 Practical Exam (4) The Practical exam will be graded on a 100-point scale and then weighted based upon the specified percentage attached to the Practical Exam contained within this Agreement. The applicant must receive a 70% to pass and be placed on the eligibility list. Section 16.3. Fire Captain. In order for an employee to qualify for and participate in the Fire Captain examination, said employee shall have five years’ experience with the Evanston Fire Department assigned to suppression, as a firefighter or a firefighter/paramedic. For examinations beginning after January 1, 2006, employees must possess the following additional qualification to participate in the examination: possession of Fire Officer I State Certification or Fire Officer I Provisional or an Associate’s or Bachelor’s or Master’s degree in Fire Science, Fire Management or Public Safety with a fire service concentration. Such degrees must be from accredited institutions. The placement of employees on promotional lists shall be based on the points achieved by the employees on promotional examinations for Fire Captain consisting of the following four components weighted as specified: Written Test 60% Professional Achievement 15% Oral Exam 12.5% Seniority 12.5% (up to) Those applicants whose scores are the top 80% of the applicant pool will be placed on the eligibility list. In the event of tied scores, both applicants will be placed on the eligibility list with the more senior applicant being ahead of the other applicant on the list. Seniority will be calculated based on months of completed service as of the close of applications. Candidates shall be awarded a maximum of twelve and one-half (12.5) points on the promotional examination for seniority. Candidates shall be awarded one point for each twenty-four months of completed service, and thereafter, one-twenty-fourth (.04167) of a point for each month of completed service to the maximum of 12.5 points. (a) Procedure for Selection. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the Page 87 of 158 A10.Page 262 of 642 79 list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotional list. If the highest-ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest-ranking person are not remedial, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with any grievance procedure in Article 6.3 of this Agreement. In the event of a tied score, the applicant with the most seniority will be placed ahead of the other. (b) Test Components. All promotional criteria used shall have a direct bearing on the position being tested and will stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. All promotional criteria will be job related in accordance with EEOC guidelines. Scores on each component of the exam shall be posted. Total points awarded for subjective components shall be posted before the written exam is administered and before the promotion list is compiled. Written Exam. The written examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at least ninety (90) days before the date of the written examination. (1) The appointing authority may not condition eligibility to take the written examination on the candidate’s score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least ninety (90) days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list, ascertained merit points, and subjective evaluation scores. The written examination shall be administered, the test materials opened, and the results scored and tabulated. (2) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25, or if the tests are graded offsite by a bona fide testing agency, the observers (if appointed) shall witness the sealing and the shipping of the tests for Page 88 of 158 A10.Page 263 of 642 80 grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or the appointing authority shall require the testing agency to mail the individual scores to any address submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. (3) Sample written examinations may be examined by the appointing authority and members of the department, but no person in the department or the appointing authority (including the Chief, Civil Service Commissioners and other appointed or elected officials) may see or examine the specific questions or the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (4) Each department shall maintain reading and study materials for its current written examination and the reading list for the last two (2) written examinations or for a period of five (5) years, whichever is less, for each rank and shall make these materials available and accessible at each duty station. Oral Exam. The oral interview shall be conducted by a panel of fire chiefs or other sworn fire professionals plus one current fire officer selected by the Union. The fire officer selected by the Union shall be limited to fire officers who have served on Fire Departments the size of Evanston or larger in the rank of Shift Chief, Battalion Chief or their equivalents or higher. Total points for the oral exam shall be posted before the written examination is administered and before the promotion list is compiled. Professional Achievements. The following are professional achievement categories which will be used for the promotional exam. The examples given are not intended as an exhaustive list. The certificate lists shall be subject to updating at a labor/management meeting prior to the examination. The intention of this provision is to account for course names changing and new courses developing, and it is not intended for gross omissions or inclusions of categories without negotiating in good faith. When there is a logical progression of degrees, points shall only be awarded for the highest degree achieved. Candidates shall be awarded Page 89 of 158 A10.Page 264 of 642 81 points to a maximum of fifteen (15) for professional achievements as follows: College Education: Associate’s Degree in Fire Science, 3 points Emergency Management Bachelor’s Degree or higher in Fire Science, 7 points Emergency Management, or related degree Bachelor’s Degree in any other field 3 points Certificate of Applied Science: Fire Science 1.5 points Associate’s Degree in any other field 1.5 points Fire Officer: Fire Officer I/Company Officer 2 points Fire Officer II/Advanced Fire Officer 4 points EMS: Active EFD Paramedic Preceptor in good standing 1 point Active EFD Paramedic Preceptor in good standing 2 points that has been the lead preceptor for at least 1 preceptee during the previous 5 years from promotional application deadline. A signed Medical Officer attestation required to receive points. Active EFD CPR Instructor 1 point AHA Certificates that are NOT available during normal EFD training (i.e., PALS and ACLS): One (1.0) point awarded for certificates requiring 24 hours or more of instruction, and one-half (0.5) point awarded for certificates requiring less than 24 hours of instruction. Skill Development Courses (i.e., IFSI, Cornerstone, etc.): One (1.0) point shall be awarded for a certificate of completion for every course requiring 24 hours or more. (e.g., Smoke Divers, RIT Under Fire, FAST, Engine Company Operations, Truck Company Operations, etc.) One-half (0.5) point shall be awarded for certificate of completion for each course requiring less than 24 hours to complete. (e.g., Basic Company Officer, First-In Officer, Vehicle Fire Fighting, Routine Emergencies, etc.) Page 90 of 158 A10.Page 265 of 642 82 OSFM Certificates: One (1.0) point shall be awarded for a certificate of completion for every course requiring 24 hours or more. (e.g., Fireground Company Officer School, Fire Apparatus Engineer, Advanced Firefighter, Rope Operations, Trench Technician, Hazardous Materials Technician, etc.) One-half (0.5) point shall be awarded for certificate of completion for each course requiring less than 24 hours to complete. (e.g., Technical Rescue Awareness, Fire Service Vehicle Operator, etc.) Candidates are not allowed to double count OSFM certificates that are prerequisites for OSFM Officer Certification. Example: Counting OSFM ISO or Instructor 2 and also claiming points as Fire Officer II/Advanced Fire Officer. Other: Homeland Security, Incident Command/Unified Command, NIMS 300 and 400, National Fire Academy: One (1.0) point will be awarded for each certificate of completion requiring 24 or more hours (e.g., Department of Justice Cobra classes). One-half (0.5) point will be awarded for each certificate requiring less than 24 hours. Firefighting/EMS Operations Seminars: One-half (0.5) point will be added for those classes completed with a Certificate of Completion (e.g., Norman, Brannigan). SCUBA Certification: One point (1.0) each for PADI, NAUI, RDI, Advanced Open Water, etc. requiring 24 or more hours of instruction. One-half (0.5) point for certificates requiring less than 24 hours of instruction. Points shall be awarded for other certificates of completion that are job related as defined in this section and as determined by the joint labor management committee. Candidates can appeal for a second review by the joint labor management committee. (c) Supplemental Concepts. The parties will further agree that the promotion system shall be guided by the following principles: 1. All rating factors should be related to performance factors important to carrying out the major duties of the promotional rank. 2. Rating factors should be weighted in accordance with their relative importance in the primary duties of the promotional rank, recognizing that a Captain or Shift Chief is expected to serve as the leader of a fire company or shift. 3. The rating system should stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. Page 91 of 158 A10.Page 266 of 642 83 4. The authority assigning the final rating should be able to account for its rating by providing reasons or examples of performance to support its conclusion. 5. Due deference should be accorded to the advice and recommendations of outside consultants who may be retained by the City to provide expert guidance in the designing and implementation of a professionally developed performance and promotional evaluation system. (d) Grievances. Any candidate may file a grievance under the grievance/arbitration procedures of this Agreement. Any such grievance must be (1) filed within 21 days of the date the City posts the promotional list; and (2) limited to a claim that the City failed to follow the promotional procedural requirements of this Article (as distinguished from a claim that the grievant disagrees with the specific promotional selection.) Effective with the establishment of any Fire Captain Promotional List after January 1, 2024, in order for an employee to qualify for and participate in the Fire Captain examination, said employee shall have seven years of experience with the Evanston Fire Department assigned to suppression, as a firefighter, firefighter/paramedic or FAO, including their probationary period. Employees must possess the following additional qualification to participate in the examination: possession of Fire Officer I State Certification/Company Fire Officer or an Associate’s or Bachelor’s or Master’s degree in Fire Science, Fire Management or Public Safety with a fire service concentration. Such degrees must be from accredited institutions. Any Firefighter or FAO promoted to the rank of Fire Captain shall be required as a condition of employment to attend and complete the following firefighting programs and courses offered through the Illinois Fire Service Institute (IFSI), the Northeastern Illinois Public Safety Training Academy (NIPSTA) or any other accredited fire service training institution in order to maintain the rank of Fire Captain: ●Company Fire Officer ○Completed within eighteen (18) months of promotion ●Fireground Company Officer School ○Completed within twenty-four (24) months of promotion Employees shall be reassigned to a 37.5-hour week in accordance with CBA Section 9.12. Five-Day Employees while attending these required programs and courses. The City shall be responsible for all upfront tuition and program expenses and relevant overtime provisions within the CBA shall apply during the employee’s reassignment. Employees shall be responsible for their own shift Page 92 of 158 A10.Page 267 of 642 84 coverage to attend any prerequisite class needed to obtain the OSFM certification of Company Fire Officer. Extensions to this provision will be granted if the required classes are not available within the timeframes set forth in this section or may otherwise be granted at the discretion of the Fire Chief. Employees who previously completed a required course or program referenced in this section prior to promotion shall not be required to attend and complete the same course or program again. Programs and courses referenced in this section may be subject to change based upon Labor/Management agreement. Failure to meet the deadlines set forth in this section may result in progressive discipline in accordance with CBA Section 6.8. Disciplinary Grievances. The placement of employees on promotional lists shall be based on the points achieved by the employees for promotional examinations for Fire Captain consisting of the following five components weighted as specified: Written Exam 40% Oral Exam 25% Professional Achievement 15% Seniority 12.5% Acting Time 7.5% Those applicants whose scores are the top 80% of the applicant pool will be placed on the eligibility list. In the event of tied scores, both applicants will be placed on the eligibility list with the more senior applicant being ahead of the other applicant on the list. Acting Time will be awarded for previous years of acting experience as an Acting Fire Captain on an eligibility list for promotion as of the close of applications. Candidates shall be awarded three-quarters (0.75) of a point for each year of eligibility, and thereafter, one-twelfth of three-quarters of a point (.0625) for each month of eligibility on a previous final list for promotion, up to a maximum of seven and one-half (7.5) points. Points awarded for Seniority and Acting Time as part of this Agreement shall be posted concurrently on a preliminary eligibility list. Written Exam. The written examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at least ninety (90) days before the date of the written examination. All applicants that pass the written exam with a minimum passing Page 93 of 158 A10.Page 268 of 642 85 score of 70% will be placed on the final eligibility list in rank order consistent with the Act. Professional Achievements. The following are professional achievement categories which will be used for the promotional exam. The examples given are not intended as an exhaustive list. The certificate lists shall be subject to updating at a labor/management meeting prior to the examination. The intention of this provision is to account for course names changing and new courses developing, and it is not intended for gross omissions or inclusions of categories without negotiating in good faith. When there is a logical progression of degrees, points shall only be awarded for the highest degree achieved. Candidates shall be awarded points to a maximum of fifteen (15) for professional achievements as follows: College Education: Associate’s Degree in Fire Science, 3 points Emergency Management, or related degree Bachelor’s Degree or higher in Fire Science, 5 points Emergency Management, or related degree Bachelor’s Degree in any other field 3 points Associate’s Degree in any other field 1 point Fire Officer: Fire Officer I/Company Officer 4 points EMS: Active EFD Paramedic Preceptor in good standing 1 point Active EFD Paramedic Preceptor in good standing that 2 points has been the lead preceptor for at least 1 preceptee during the previous 5 years from promotional application deadline. A signed Medical Officer attestation required to receive points. Active EFD CPR Instructor 1 point EMS Coordinator in good standing 1 point Page 94 of 158 A10.Page 269 of 642 86 Special Rescue/Operations: Active member of MABAS or Local 1 point special rescue team in good standing Section 16.4. Field Chief In accordance with 50 ILCS 742/10, Applicability, subsection (e), the City of Evanston and IAFF Local 742 have agreed to waive certain provisions of the Fire Department Promotion Act (CBA Appendix G) and bargain over those provisions to establish the promotional process for the positions of EMS Field Chief and Special Operations Field Chief. The City shall provide for the creation of the rank of Field Chief which shall be recognized by the Public Safety Civil Service Commission. The parties agree that promotions to the rank of Field Chief shall be made by the Fire Chief or his designee pursuant to the promotional process within Section 16.4 of the parties’ Collective Bargaining Agreement. The City will post new and separate promotional eligibility lists for the positions of EMS Field Chief and Special Operations Field Chief no more than three years after the posting of the prior list; a promotional eligibility list shall last for a minimum of two years, unless exhausted. Obtaining the rank of Field Chief shall not be a requirement to promote to the next rank of Shift Chief. The pool of candidates eligible for promotion to the rank of Field Chief shall be from the rank of Fire Captain with the Evanston Fire Department at the time of close of applications. Eligible candidates must possess the following qualifications to participate in the promotional process for Field Chief: possession of Advanced Company Fire Officer/Fire Officer II State Certification or a Bachelor’s or Master’s degree in Fire Science, Fire Management, or Public Safety with a fire service concentration. Such degrees must be from accredited institutions. All promotions to the rank of Field Chief shall be based on the points achieved by the eligible candidates that participate in the promotional process which consist of the following three components weighted as specified: Professional Achievement 30% Seniority (in rank) 30% Oral Examination 40% Professional Achievement Points: The following are professional achievement categories which will be used for the promotional exam. The examples given are not intended to be an exhaustive list. The certificate lists shall be subject to updating at a labor/management meeting prior to the examination with at least one-year advance notice. The intention of this provision is to account for course Page 95 of 158 A10.Page 270 of 642 87 names changing and new courses developing, and it is not intended for gross omissions or inclusions of categories without entering negotiations. When there is a logical progression of degrees, points shall only be awarded for the highest degree achieved. Candidates shall be awarded points to a maximum of thirty (30) for professional achievements as follows: College Education: Associate’s Degree in Fire Science, 3 points Emergency Management or related degree Bachelor’s Degree in Fire Science, 5 points Emergency Management or related degree Master’s Degree in Fire Science, 6 points Emergency Management or related degree Bachelor’s Degree in any other field 3 points Associate’s Degree in any other field 1 point Fire Officer: Advanced Company Fire Officer/Fire Officer II 5 points Chief Fire Officer 6 points Skill Development Courses: One (1.0) point shall be awarded for certificate of completion for every course requiring 24 hours or more related to command of multiple companies or fire personnel management. (e.g., Special Response Team Leadership, Fireground Command Officer School, etc.) One-half (0.5) point shall be awarded for certificate of completion for each course requiring less than 24 hours to complete related to command of multiple companies or fire personnel management. (e.g., Leadership Principles for the Fire Officer, First-In Officer, etc.) Candidates are not allowed to double count OSFM certificates that are prerequisites for OSFM Officer Certification. Example: Counting OSFM ISO or Instructor 2 and also claiming points as Fire Officer II/Advanced Fire Officer. Other: Homeland Security, Incident Command/Unified Command, National Fire Academy, Illinois Fire Chiefs Association: One (1.0) point will be awarded for each class/certificate requiring 24 or more hours related to command of multiple Page 96 of 158 A10.Page 271 of 642 88 companies or fire personnel management. One-half (0.5) point will be awarded for each class/certificate requiring less than 24 hours. EMS/Special Operations Seminars (where relevant to respective discipline): One (1) point will be added for those completed with a Certificate of Completion. Points shall be awarded for other certificates of completion that are job related as defined in this section and as determined by the joint labor management committee. Candidates can appeal for a second review by the joint labor management committee. Position Specific Achievement Points EMS Field Chief: Current EFD CPR Instructor 2 points Previous EMS Paramedic Preceptor in good standing 2 points serving as lead preceptor for at least one (1) preceptee. Current or previous EMS Coordinator 5 points NAEMSE Certification 5 points Special Operations Field Chief: OSFM certification in Special Rescue discipline 2 point (Ops or Tech level) Current or previous rostered member of 2 points MABAS or Local Special Team County/State/Federal Special Rescue Task Force member 3 points Current or previous MABAS or Local Special Team 5 points Leader (according to CBA) Seniority (in rank): Seniority will be calculated based on months of completed service in the rank of Fire Captain as of the close of applications. Candidates shall be awarded a maximum of thirty (30) points on the promotional examination for seniority. Candidates shall be awarded two (2) points for each twelve (12) months of completed service in the rank of Fire Captain, and thereafter, 0.16667 points for each month of completed service in the rank of Fire Captain to the maximum of thirty (30) points. Total points awarded for professional achievement and seniority shall be posted before the oral examination is administered. Page 97 of 158 A10.Page 272 of 642 89 Oral Examination: Oral examinations for the rank of Field Chief shall be separately provided for each Field Chief position and shall be conducted by panels composed of the following: Field Chiefs, or other sworn Fire professionals that serve in similar recognized roles, on Fire Departments the size of Evanston or larger, along with the Fire Chief, or his designee, and one (1) EFD Chief selected by the Union. The oral examination shall consist of a combination of tactical scenarios, understanding and application of fire department SOGs and Region X SOPs, personal command philosophy, department General Orders, experience and background and any other job specific duties and responsibilities as determined by the oral examination panel. Supplemental Concepts: The parties will further agree that the promotion system shall be guided by the following principles: 1. All rating factors should be related to performance factors important to carrying out the major duties of the promotional rank. 2. Rating factors should be weighted in accordance with their relative importance in the primary duties of the promotional rank. 3. The rating system should stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. 4. The authority assigning the final rating should be able to account for its rating by providing reasons or examples of performance to support its conclusion. 5. Due deference should be accorded to the advice and recommendations of outside consultants who may be retained by the City to provide expert guidance in the designing and implementation of a professionally developed performance and promotional evaluation system. Grievances: Any candidate may file a grievance under the grievance/arbitration procedures of this Agreement. Any such grievance must be (1) filed within 21 days of the date the City posts the promotional list; and (2) limited to a claim that the City failed to follow the promotional procedural requirements of this Article (as distinguished from a claim that the grievant disagrees with the specific promotional selection).Section 16.5. Shift Chief. In order for an employee to qualify for and participate in the Shift Chief examination, said employee shall have five years’ experience with the Evanston Fire Department as a Captain assigned to suppression. Division Chiefs meeting the preceding eligibility requirement shall be allowed to participate in the Shift Page 98 of 158 A10.Page 273 of 642 90 Chief examination (refer to Appendix M). For examinations beginning after January 1, 2006, employees must possess the following additional qualifications to participate in the examination: possession of Fire Officer II State Certification or Fire Officer II Provisional or a Bachelor’s or Master’s degree in Fire Science, Fire Management, or Public Safety with a fire service concentration. Such degrees must be from accredited institutions. All provisions in the Section concerning “Promotions – Captain” shall be applicable to the promotion of Shift Chief except as follows: Written Test 60% Professional Achievements 15% Oral Examination 12.5% Seniority 12.5% Seniority will be calculated based on months of completed service in the rank of Captain as of the close of applications. Candidates shall be awarded a maximum of twelve and one-half (12.5) points on the promotional examination for seniority. Candidates shall be awarded one point for each twenty-four months of completed service, and thereafter, one-twenty-fourth (.04167) of a point for each month of completed service to the maximum of 12.5 points. (a) Procedure for Selection. This procedure is as described above in Section 16.3 Fire Captain, except that all qualified applicants shall be placed on the eligibility list. (b) Test Components. This procedure is as described above in Section 16.3 Fire Captain, except: (c) Professional Achievement Points. The following are professional achievement categories which will be used for the promotional exam. The examples given are not intended as an exhaustive list. The certificate lists shall be subject to updating at a labor/management meeting prior to the examination. The intention of this provision is to account for course names changing and new courses developing, and it is not intended for gross omissions or inclusions of categories without entering negotiations. When there is a logical progression of degrees, points shall only be awarded for the highest or degree achieved. Candidates shall be awarded points to a maximum of fifteen (15) for professional achievements as follows: College Education: Associate’s Degree in Fire Science, 3 points Emergency Management, or related degree Bachelor’s Degree in Fire Science, 7 points Emergency Management, or related degree Page 99 of 158 A10.Page 274 of 642 91 Master’s Degree in Fire Science, 9 points Emergency Management, or related degree Bachelor’s Degree in any other field 3 points Certificate of Applied Science: Fire Science 1.5 points Associate’s Degree in any other field 1.5 points Fire Officer: Fire Officer II/Advanced Fire Officer 4 points Chief Fire Officer 6 points Skill Development Courses (i.e., IFSI, Cornerstone, etc.): One (1.0) point shall be awarded for certificate of completion for every course requiring 24 hours or more related to command of multiple companies or fire personnel management. (e.g., Special Response Team Leadership, Fireground Command Officer School, etc.) One-half (0.5) point shall be awarded for certificate of completion for each course requiring less than 24 hours to complete related to command of multiple companies or fire personnel management. (e.g., Leadership Principles for the Fire Officer, First-In Officer, etc.) OSFM Certificates: One (1.0) point shall be awarded for certificate of completion for every certificate requiring 24 hours or more of instruction related to command of multiple companies or fire personnel management. (e.g., Fireground Command Officer School, Hazardous Materials Incident Command, Fire Department Incident Safety Officer, etc.) One-half (0.5) point shall be awarded for each certificate requiring less than 24 hours of instruction related to command of multiple companies or fire personnel management. Candidates are not allowed to double count OSFM certificates that are prerequisites for OSFM Officer Certification. Example: Counting OSFM ISO or Instructor 2 and also claiming points as Fire Officer II/Advanced Fire Officer. Other: Homeland Security, Incident Command/Unified Command, NIMS 300 and 400, National Fire Academy, Illinois Fire Chief’s Association: One (1.0) point will be awarded for each class/certificate requiring 24 or more hours related to command of multiple companies or fire personnel management. Page 100 of 158 A10.Page 275 of 642 92 One-half (0.5) point will be awarded for each class/certificate requiring less than 24 hours. Firefighting/EMS Operations Seminars: One-half (0.5) point will be added for those completed with a Certificate of Completion (e.g., Norman, Brannigan). Points shall be awarded for other certificates of completion that are job related as defined in this section and as determined by the joint labor management committee. Candidates can appeal for a second review by the joint labor management committee. (d) Oral Examination. The oral examination for Shift Chief will be conducted by a panel of Fire Chiefs or other sworn Fire professionals plus one current Fire Officer selected by the Union. The Fire Officer selected by the Union shall be limited to Fire Officers who have served on Fire Departments the size of Evanston or larger, in the rank of Shift Chief, Battalion Chief or their equivalents or higher. (e) Grievances. Any candidate may file a grievance under the grievance/arbitration procedures of this Agreement. Any such grievance must be (1) filed within 21 days of the date the City posts the promotional list; and (2) limited to a claim that the City failed to follow the promotional procedural requirements of this Article (as distinguished from a claim that the grievant disagrees with the specific promotional selection). Effective with the establishment of any Shift Chief Promotional List after January 1, 2024, in order for an employee to qualify for and participate in the Shift Chief examination, said employee shall have five years of experience with the Evanston Fire Department as a Captain assigned to suppression. Division Chiefs meeting the preceding eligibility requirement shall be allowed to participate in the Shift Chief examination (refer to Appendix M). Employees must possess the following additional qualification to participate in the examination: possession of Fire Officer II State Certification/Advanced Fire Officer or a Bachelor’s or Master’s degree in Fire Science, Fire Management or Public Safety with a fire service concentration. Such degrees must be from accredited institutions. Any Fire Captain or Field Chief promoted to the rank of Shift Chief shall be required as a condition of employment to attend and complete the following firefighting programs and courses offered through the Illinois Fire Service Institute (IFSI), the Northeastern Illinois Public Safety Training Academy Page 101 of 158 A10.Page 276 of 642 93 (NIPSTA) or any other accredited fire service training institution in order to maintain the rank of Shift Chief: ●Advanced Fire Officer ○Completed within eighteen (18) months of promotion ●Fireground Command Officer School ○Completed within twenty-four (24) months of promotion Employees shall be reassigned to a 37.5-hour week in accordance with CBA Section 9.12 Five-Day Employees while attending these required programs and courses. The City shall be responsible for all upfront tuition and program expenses and relevant overtime provisions within the CBA shall apply during the employee’s reassignment. Employees shall be responsible for their own shift coverage to attend any prerequisite class needed to obtain the OSFM certification of Advanced Fire Officer. Extensions to this provision will be granted if the required classes are not available within the timeframes set forth in this section or may otherwise be granted at the discretion of the Fire Chief. Employees who previously completed a required course or program referenced in this section prior to promotion shall not be required to attend and complete the same course or program again. Programs and courses referenced in this section may be subject to change based upon Labor/Management agreement. Failure to meet the deadlines set forth in this section may result in progressive discipline consistent with CBA Section 6.8. Disciplinary Grievances. All provisions in the Section concerning “Promotions - Captain” shall be applicable to the promotion of Shift Chief except as follows: Written Exam 40% Oral Exam 25% Professional Achievement 15% Seniority 12.5% Acting Time 7.5% Acting Time will be awarded for previous years of acting experience as an Acting Shift Chief on an eligibility list for promotion as of the close of applications. Candidates shall be awarded three-quarters (0.75) of a point for each year of eligibility, and thereafter, one-twelfth of three-quarters of a point (.0625) for each month of eligibility on a previous final list for promotion, up to a maximum of seven and one-half (7.5) points. Page 102 of 158 A10.Page 277 of 642 94 Points awarded for Seniority and Acting Time as part of this Agreement shall be posted concurrently on a preliminary eligibility list. Written Exam. The written examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at least ninety (90) days before the date of the written examination. All applicants that pass the written exam with a minimum passing score of 70% will be placed on the final eligibility list in rank order consistent with the Act. Professional Achievements. The following are professional achievement categories which will be used for the promotional exam. The examples given are not intended as an exhaustive list. The certificate lists shall be subject to updating at a labor/management meeting prior to the examination. The intention of this provision is to account for course names changing and new courses developing, and it is not intended for gross omissions or inclusions of categories without negotiating in good faith. When there is a logical progression of degrees, points shall only be awarded for the highest degree achieved. Candidates shall be awarded points to a maximum of fifteen (15) for professional achievements as follows: College Education: Associate’s Degree in Fire Science, 3 points Emergency Management, or related degree Bachelor’s Degree or higher in Fire Science, 5 points Emergency Management, or related degree Master’s Degree in Fire Science, 7 points Emergency Management, or related degree Bachelor’s Degree in any other field 3 points Associate’s Degree in any other field 1 points Fire Officer: Fire Officer II/Advanced Fire Officer 4 points Chief Fire Officer 6 points Special Rescue/Operations: Page 103 of 158 A10.Page 278 of 642 95 Active MABAS or Local 1 point special rescue team leader Section 16.6. Fire Department Promotion Act. The parties agree that the following provisions of the Fire Department Promotion Act, 50 ILCS 742, shall be incorporated herein by reference into this Article: Section 5, Definitions; Section 10, Applicability; and Section 65, Violations. Section 16.7. Waiver and Agreement. Pursuant to Section 10(e) of the Fire Department Promotion Act and Section 15 of the Illinois Public Labor Relations Act, the parties specifically agree that the process for promotion to the ranks of Fire Apparatus Operator, Fire Captain and Shift Chief shall be governed solely by the provisions of this Article and that such contract provisions shall supersede and be in lieu of the provisions of the Fire Department Promotion Act and, where they conflict, the Rules and Regulations of the City of Evanston with respect to promotions. The Division Chief promotional process shall be governed by Appendix M. The parties recognize that certain provisions relating to mandatory subjects and to the prior method of handling promotions freely negotiated by the parties were compromised by the City in consideration for agreement on the part of the Union to include provisions that modify the Fire Department Promotion Act or waive the applications of such provisions. The parties respectively acknowledge that either party may propose modifications of this Article in successor agreements beyond the 2005 successor agreement, and that such proposals may impact upon the balance established under this Article. In such event, the concessions made by either party under the terms of this Article shall not prejudice either parties’ rights to withdraw or modify such terms in regard to the negotiations of the terms of a successor article. It is further understood that the terms of this Article shall continue in effect during the period of negotiations between the parties as to the terms of a successor contract; provided that, if interest arbitration is invoked by either party and any part of this Article is in dispute, the terms and conditions of this Article which vary from the terms of the IFDPA shall not be within the jurisdiction of the arbitrator to determine without the express consent of the Union or the City, as applicable, and shall lapse upon the award of the arbitrator. Section 16.8 . Military Preference Points for Promotion. A candidate on a preliminary promotion list, who is eligible for veteran's preference points under the Illinois Municipal Code, may file a written application for that preference within 10 days after the posting of the preliminary promotion list. The City of Evanston shall then make adjustments to the rank order of the preliminary promotion list based solely on any veteran's preferences awarded. The final adjusted promotion list shall then be posted. Military preference points are to be awarded based on the following criteria: Page 104 of 158 A10.Page 279 of 642 96 A promotional candidate on the preliminary promotional list must have been engaged in active military or naval service of the United States at any time for a period of one year, who was honorably discharged there from, who is now or who may hereafter be on inactive or reserve duty in such military or naval service. However, persons who were convicted by court-martial of disobedience of orders where such disobedience consisted in the refusal to perform military service on the grounds of alleged religious or conscientious objections against war shall be ineligible. Qualifying candidates are to receive preference points according to state statute. No person shall receive the preference for a promotional appointment granted by this Section after he/she has received one promotion from an eligibility list on which he/she was allowed such veteran's preference. Employees who are candidates for promotion to the ranks of FAO and Captain may apply to their promotional scores on both lists, any military preference points to which they are entitled under the Fire Department Promotion Act with appropriate adjustments in their ranking on each list. However, in the event such a candidate is promoted from one list, the military preference points applied on the second list shall be deducted from his total points and his ranking reduced on the second list as applicable. The adjusted list shall then add any candidate that was originally excluded according to Section 16.3. For example, an employee who is a candidate for promotion for both FAO and Captain who has applied military preference on both lists and who is promoted to the rank of FAO shall have the military preference points credited to his points on the Captain list subtracted from his total points and his rank on the list reduced commensurate with such reduced total. Page 105 of 158 A10.Page 280 of 642 97 ARTICLE XVII Termination and Legality Clauses Section 17.1. Ratification and Amendment. No amendment or modification of this agreement during its term shall be effective unless reduced to writing and agreed to, ratified and signed by a representative of the Union and either the City Manager or the Human Resources Division Manager. Section 17.2. Savings. If any provision of this Agreement is subsequently declared by federal or state legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Such invalidated provision(s) shall be the subject of immediate negotiations between the parties in order to attempt to negotiate a substitute provision. Section 17.3. Entire Agreement. The City and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. This paragraph does not waive the right to bargain over any subject or matter not referred to or covered by this Agreement which is a mandatory subject of bargaining and concerning which the City is formally proposing changing during the term of this Agreement, provided the Union, upon notification, makes a timely and proper request to bargain over the change being proposed by the City. Section 17.4. Duration and Renegotiations. This Agreement shall be in effect from January 1, 2023 to 11:59 p.m. on December 31, 2026 and from year to year thereafter unless either party gives written notice to the other party of its desire to modify or amend this Agreement on or before September 1, 2026 or any subsequent September 1. Negotiations for the new collective bargaining agreement shall begin on or about October 1, 2026 or another mutually agreeable date. During the pendency of proceedings before the arbitration panel, existing wages, hours, and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position under the Act. The proceedings are deemed to be pending before the arbitration panel upon the initiation of arbitration procedures under the Act. Page 106 of 158 A10.Page 281 of 642 98 EXECUTED this _____ day of March , 2023 , after receiving approval by the City Council and after ratification by the Union membership. EVANSTON FIRE FIGHTERS ASSOC. CITY OF EVANSTON, ILLINOIS IAFF LOCAL 742 _______________________________ _____________________________ _______________________________ _____________________________ _______________________________ _______________________________ _______________________________ Page 107 of 158 A10.Page 282 of 642 99 APPENDIX A APPLICATION FOR UNION MEMBERSHIP AND AUTHORIZATION FOR CHECKOFF OF UNION DUES AND ASSESSMENTS I hereby apply for membership in the Evanston Fire Fighters Association, Local No. 742, International Association of Fire Fighters, AFL-CIO-CLC. I hereby authorize the City of Evanston to deduct from my pay the uniform dues and/or uniform assessments of Evanston Fire Fighters Association, Local No. 742, International Association of Fire Fighters, AFL-CIO-CLC and remit said amounts to the Union. I understand that I may cancel this application for membership and check-off authorization by giving written notice to both the City and the Union. The City requires written notice of cancellation 14 days prior to the next pay date to cease authorized dues deductions. Print Name Signature Date Page 108 of 158 A10.Page 283 of 642 100 APPENDIX B SALARIES FIREFIGHTER/PARAMEDIC ANNUAL SALARIES EFFECTIVE JANUARY 1, 2023 11.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 1% LONG PAY 3% LONG PAY 4% LONG PAY 6% LONG PAY NH $26.795 $69,388.33 $1,387.77 $2,775.53 $693.88 $2,081.65 $2,775.53 $4,163.30 NHP $29.027 $75,168.32 $1,503.37 $3,006.73 $751.68 $2,255.05 $3,006.73 $4,510.10 A $30.368 $78,640.97 $1,572.82 $3,145.64 $786.41 $2,359.23 $3,145.64 $4,718.46 AP $32.897 $85,190.07 $1,703.80 $3,407.60 $851.90 $2,555.70 $3,407.60 $5,111.40 B $32.025 $82,931.94 $1,658.64 $3,317.28 $829.32 $2,487.96 $3,317.28 $4,975.92 BP $34.552 $89,475.86 $1,789.52 $3,579.03 $894.76 $2,684.28 $3,579.03 $5,368.55 C $35.190 $91,128.02 $1,822.56 $3,645.12 $911.28 $2,733.84 $3,645.12 $5,467.68 CP $37.720 $97,679.71 $1,953.59 $3,907.19 $976.80 $2,930.39 $3,907.19 $5,860.78 DP $40.123 $103,902.52 $2,078.05 $4,156.10 $1,039.03 $3,117.08 $4,156.10 $6,234.15 EP $41.077 $106,373.00 $2,127.46 $4,254.92 $1,063.73 $3,191.19 $4,254.92 $6,382.38 FP $43.556 $112,792.62 $2,255.85 $4,511.70 $1,127.93 $3,383.78 $4,511.70 $6,767.56 GP $44.681 $115,705.92 $2,314.12 $4,628.24 $1,157.06 $3,471.18 $4,628.24 $6,942.36 Page 109 of 158 A10.Page 284 of 642 101 FIRE APPARATUS OPERATOR ANNUAL SALARIES EFFECTIVE JANUARY 1, 2023 11.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 1% LONG PAY 3% LONG PAY 4% LONG PAY 6% LONG PAY DP $45.778 $118,546.71 $2,370.93 $4,741.87 $1,185.47 $3,556.40 $4,741.87 $7,112.80 EP $45.887 $118,828.98 $2,376.58 $4,753.16 $1,188.29 $3,564.87 $4,753.16 $7,129.74 FP $46.007 $119,139.73 $2,382.79 $4,765.59 $1,191.40 $3,574.19 $4,765.59 $7,148.38 GP $46.140 $119,484.14 $2,389.68 $4,779.37 $1,194.84 $3,584.52 $4,779.37 $7,169.05 CAPTAIN ANNUAL SALARIES EFFECTIVE JANUARY 1, 2023 11.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 1% LONG PAY 3% LONG PAY 4% LONG PAY 6% LONG PAY DP $46.874 $121,384.91 $2,427.70 $4,855.40 $1,213.85 $3,641.55 $4,855.40 $7,283.09 EP $48.244 $124,932.66 $2,498.65 $4,997.31 $1,249.33 $3,747.98 $4,997.31 $7,495.96 FP $50.718 $131,339.33 $2,626.79 $5,253.57 $1,313.39 $3,940.18 $5,253.57 $7,880.36 GP $52.043 $134,770.55 $2,695.41 $5,390.82 $1,347.71 $4,043.12 $5,390.82 $8,086.23 Page 110 of 158 A10.Page 285 of 642 102 FIELD CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2023 11.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 1% LONG PAY 3% LONG PAY 4% LONG PAY 6% LONG PAY DP $52.824 $136,793.03 $2,735.86 $5,471.72 $1,367.93 $4,103.79 $5,471.72 $8,207.58 EP $53.564 $138,708.13 $2,774.16 $5,548.33 $1,387.08 $4,161.24 $5,548.33 $8,322.49 FP $54.313 $140,650.05 $2,813.00 $5,626.00 $1,406.50 $4,219.50 $5,626.00 $8,439.00 GP $55.074 $142,619.15 $2,852.38 $5,704.77 $1,426.19 $4,278.57 $5,704.77 $8,557.15 SHIFT CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2023 11.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 1% LONG PAY 3% LONG PAY 4% LONG PAY 6% LONG PAY DP $55.900 $144,758.43 $2,895.17 $5,790.34 $1,447.58 $4,342.75 $5,790.34 $8,685.51 EP $56.925 $147,412.98 $2,948.26 $5,896.52 $1,474.13 $4,422.39 $5,896.52 $8,844.78 FP $57.950 $150,067.32 $3,001.35 $6,002.69 $1,500.67 $4,502.02 $6,002.69 $9,004.04 GP $59.937 $155,212.86 $3,104.26 $6,208.51 $1,552.13 $4,656.39 $6,208.51 $9,312.77 Page 111 of 158 A10.Page 286 of 642 103 FIREFIGHTER/PARAMEDIC ANNUAL SALARIES EFFECTIVE JANUARY 1, 2024 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY NH $27.599 $71,470.37 $1,429.41 $2,858.81 $1,786.76 $3,216.17 $3,930.87 $5,360.28 NHP $29.898 $77,423.86 $1,548.48 $3,096.95 $1,935.60 $3,484.07 $4,258.31 $5,806.79 A $31.279 $81,000.10 $1,620.00 $3,240.00 $2,025.00 $3,645.00 $4,455.01 $6,075.01 AP $33.884 $87,746.01 $1,754.92 $3,509.84 $2,193.65 $3,948.57 $4,826.03 $6,580.95 B $32.986 $85,420.55 $1,708.41 $3,416.82 $2,135.51 $3,843.92 $4,698.13 $6,406.54 BP $35.589 $92,161.27 $1,843.23 $3,686.45 $2,304.03 $4,147.26 $5,068.87 $6,912.10 C $36.246 $93,862.64 $1,877.25 $3,754.51 $2,346.57 $4,223.82 $5,162.45 $7,039.70 CP $38.852 $100,611.14 $2,012.22 $4,024.45 $2,515.28 $4,527.50 $5,533.61 $7,545.84 DP $41.327 $107,020.40 $2,140.41 $4,280.82 $2,675.51 $4,815.92 $5,886.12 $8,026.53 EP $42.309 $109,563.39 $2,191.27 $4,382.54 $2,739.08 $4,930.35 $6,025.99 $8,217.25 FP $44.863 $116,177.22 $2,323.54 $4,647.09 $2,904.43 $5,227.98 $6,389.75 $8,713.29 GP $46.021 $119,175.98 $2,383.52 $4,767.04 $2,979.40 $5,362.92 $6,554.68 $8,938.20 Page 112 of 158 A10.Page 287 of 642 104 FIRE APPARATUS OPERATOR ANNUAL SALARIES EFFECTIVE JANUARY 1, 2024 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $47.151 $122,102.23 $2,442.04 $4,884.09 $3,052.56 $5,494.60 $6,715.62 $9,157.67 EP $47.264 $122,394.85 $2,447.90 $4,895.79 $3,059.87 $5,507.77 $6,731.72 $9,179.61 FP $47.387 $122,713.38 $2,454.27 $4,908.54 $3,067.83 $5,522.10 $6,749.24 $9,203.50 GP $47.524 $123,068.15 $2,461.36 $4,922.73 $3,076.70 $5,538.07 $6,768.75 $9,230.11 CAPTAIN ANNUAL SALARIES EFFECTIVE JANUARY 1, 2024 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $48.280 $125,025.89 $2,500.52 $5,001.04 $3,125.65 $5,626.16 $6,876.42 $9,376.94 EP $49.691 $128,679.81 $2,573.60 $5,147.19 $3,217.00 $5,790.59 $7,077.39 $9,650.99 FP $52.240 $135,280.70 $2,705.61 $5,411.23 $3,382.02 $6,087.63 $7,440.44 $10,146.05 GP $53.604 $138,812.92 $2,776.26 $5,552.52 $3,470.32 $6,246.58 $7,634.71 $10,410.97 Page 113 of 158 A10.Page 288 of 642 105 FIELD CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2024 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $54.409 $140,897.55 $2,817.95 $5,635.90 $3,522.44 $6,340.39 $7,749.37 $10,567.32 EP $55.170 $142,868.23 $2,857.36 $5,714.73 $3,571.71 $6,429.07 $7,857.75 $10,715.12 FP $55.943 $144,869.99 $2,897.40 $5,794.80 $3,621.75 $6,519.15 $7,967.85 $10,865.25 GP $56.726 $146,897.65 $2,937.95 $5,875.91 $3,672.44 $6,610.39 $8,079.37 $11,017.32 SHIFT CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2024 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $57.577 $149,101.40 $2,982.03 $5,964.06 $3,727.53 $6,709.56 $8,200.5 8 $11,182.60 EP $58.633 $151,836.02 $3,036.72 $6,073.44 $3,795.90 $6,832.62 $8,350.9 8 $11,387.70 FP $59.689 $154,570.63 $3,091.41 $6,182.83 $3,864.27 $6,955.68 $8,501.3 8 $11,592.80 GP $61.735 $159,868.96 $3,197.38 $6,394.76 $3,996.72 $7,194.10 $8,792.7 9 $11,990.17 Page 114 of 158 A10.Page 289 of 642 106 FIREFIGHTER/PARAMEDIC ANNUAL SALARIES EFFECTIVE JANUARY 1, 2025 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY NH $28.427 $73,614.56 $1,472.29 $2,944.58 $1,840.36 $3,312.66 $4,048.80 $5,521.09 NHP $30.795 $79,746.73 $1,594.93 $3,189.87 $1,993.67 $3,588.60 $4,386.07 $5,981.00 A $32.217 $83,429.14 $1,668.58 $3,337.17 $2,085.73 $3,754.31 $4,588.60 $6,257.19 AP $34.901 $90,379.63 $1,807.59 $3,615.19 $2,259.49 $4,067.08 $4,970.88 $6,778.47 B $33.976 $87,984.25 $1,759.68 $3,519.37 $2,199.61 $3,959.29 $4,839.13 $6,598.82 BP $36.657 $94,926.97 $1,898.54 $3,797.08 $2,373.17 $4,271.71 $5,220.98 $7,119.52 C $37.333 $96,677.54 $1,933.55 $3,867.10 $2,416.94 $4,350.49 $5,317.26 $7,250.82 CP $40.018 $103,630.61 $2,072.61 $4,145.22 $2,590.77 $4,663.38 $5,699.68 $7,772.30 DP $42.567 $110,231.50 $2,204.63 $4,409.26 $2,755.79 $4,960.42 $6,062.73 $8,267.36 EP $43.578 $112,849.59 $2,256.99 $4,513.98 $2,821.24 $5,078.23 $6,206.73 $8,463.72 FP $46.209 $119,662.83 $2,393.26 $4,786.51 $2,991.57 $5,384.83 $6,581.46 $8,974.71 GP $47.402 $122,752.22 $2,455.04 $4,910.09 $3,068.81 $5,523.85 $6,751.37 $9,206.42 Page 115 of 158 A10.Page 290 of 642 107 FIRE APPARATUS OPERATOR ANNUAL SALARIES EFFECTIVE JANUARY 1, 2025 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $48.566 $125,766.51 $2,515.33 $5,030.66 $3,144.16 $5,659.49 $6,917.16 $9,432.49 EP $48.682 $126,066.91 $2,521.34 $5,042.68 $3,151.67 $5,673.01 $6,933.68 $9,455.02 FP $48.809 $126,395.79 $2,527.92 $5,055.83 $3,159.89 $5,687.81 $6,951.77 $9,479.68 GP $48.950 $126,760.92 $2,535.22 $5,070.44 $3,169.02 $5,704.24 $6,971.85 $9,507.07 CAPTAIN ANNUAL SALARIES EFFECTIVE JANUARY 1, 2025 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $49.728 $128,775.63 $2,575.51 $5,151.03 $3,219.39 $5,794.90 $7,082.66 $9,658.17 EP $51.182 $132,540.91 $2,650.82 $5,301.64 $3,313.52 $5,964.34 $7,289.75 $9,940.57 FP $53.807 $139,338.61 $2,786.77 $5,573.54 $3,483.47 $6,270.24 $7,663.62 $10,450.40 GP $55.212 $142,977.00 $2,859.54 $5,719.08 $3,574.42 $6,433.96 $7,863.73 $10,723.27 Page 116 of 158 A10.Page 291 of 642 108 FIELD CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2025 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $56.041 $145,123.77 $2,902.48 $5,804.95 $3,628.09 $6,530.57 $7,981.81 $10,884.28 EP $56.825 $147,154.02 $2,943.08 $5,886.16 $3,678.85 $6,621.93 $8,093.47 $11,036.55 FP $57.621 $149,215.34 $2,984.31 $5,968.61 $3,730.38 $6,714.69 $8,206.84 $11,191.15 GP $58.428 $151,305.15 $3,026.10 $6,052.21 $3,782.63 $6,808.73 $8,321.78 $11,347.89 SHIFT CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2025 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $59.304 $153,573.64 $3,071.47 $6,142.95 $3,839.34 $6,910.81 $8,446.55 $11,518.02 EP $60.392 $156,391.12 $3,127.82 $6,255.64 $3,909.78 $7,037.60 $8,601.51 $11,729.33 FP $61.480 $159,208.61 $3,184.17 $6,368.34 $3,980.22 $7,164.39 $8,756.47 $11,940.65 GP $63.587 $164,664.90 $3,293.30 $6,586.60 $4,116.62 $7,409.92 $9,056.57 $12,349.87 Page 117 of 158 A10.Page 292 of 642 109 FIREFIGHTER/PARAMEDIC ANNUAL SALARIES EFFECTIVE JANUARY 1, 2026 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY NH $29.280 $75,823.49 $1,516.47 $3,032.94 $1,895.59 $3,412.06 $4,170.29 $5,686.76 NHP $31.719 $82,139.52 $1,642.79 $3,285.58 $2,053.49 $3,696.28 $4,517.67 $6,160.46 A $33.184 $85,933.29 $1,718.67 $3,437.33 $2,148.33 $3,867.00 $4,726.33 $6,445.00 AP $35.948 $93,090.94 $1,861.82 $3,723.64 $2,327.27 $4,189.09 $5,120.00 $6,981.82 B $34.995 $90,623.05 $1,812.46 $3,624.92 $2,265.58 $4,078.04 $4,984.27 $6,796.73 BP $37.757 $97,775.53 $1,955.51 $3,911.02 $2,444.39 $4,399.90 $5,377.65 $7,333.16 C $38.453 $99,577.89 $1,991.56 $3,983.12 $2,489.45 $4,481.00 $5,476.78 $7,468.34 CP $41.219 $106,740.72 $2,134.81 $4,269.63 $2,668.52 $4,803.33 $5,870.74 $8,005.55 DP $43.844 $113,538.42 $2,270.77 $4,541.54 $2,838.46 $5,109.23 $6,244.61 $8,515.38 EP $44.885 $116,234.20 $2,324.68 $4,649.37 $2,905.85 $5,230.54 $6,392.88 $8,717.56 FP $47.595 $123,252.01 $2,465.04 $4,930.08 $3,081.30 $5,546.34 $6,778.86 $9,243.90 GP $48.824 $126,434.63 $2,528.69 $5,057.39 $3,160.87 $5,689.56 $6,953.90 $9,482.60 Page 118 of 158 A10.Page 293 of 642 110 FIRE APPARATUS OPERATOR ANNUAL SALARIES EFFECTIVE JANUARY 1, 2026 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $50.023 $129,539.56 $2,590.79 $5,181.58 $3,238.49 $5,829.28 $7,124.68 $9,715.47 EP $50.142 $129,847.72 $2,596.95 $5,193.91 $3,246.19 $5,843.15 $7,141.62 $9,738.58 FP $50.273 $130,186.96 $2,603.74 $5,207.48 $3,254.67 $5,858.41 $7,160.28 $9,764.02 GP $50.419 $130,565.04 $2,611.30 $5,222.60 $3,264.13 $5,875.43 $7,181.08 $9,792.38 CAPTAIN ANNUAL SALARIES EFFECTIVE JANUARY 1, 2026 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $51.220 $132,639.31 $2,652.79 $5,305.57 $3,315.98 $5,968.77 $7,295.16 $9,947.95 EP $52.717 $136,515.94 $2,730.32 $5,460.64 $3,412.90 $6,143.22 $7,508.38 $10,238.70 FP $55.421 $143,518.22 $2,870.36 $5,740.73 $3,587.96 $6,458.32 $7,893.50 $10,763.87 GP $56.868 $147,265.37 $2,945.31 $5,890.61 $3,681.63 $6,626.94 $8,099.60 $11,044.90 Page 119 of 158 A10.Page 294 of 642 111 FIELD CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2026 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $57.722 $149,476.89 $2,989.54 $5,979.08 $3,736.92 $6,726.46 $8,221.23 $11,210.77 EP $58.530 $151,569.29 $3,031.39 $6,062.77 $3,789.23 $6,820.62 $8,336.31 $11,367.70 FP $59.350 $153,692.76 $3,073.86 $6,147.71 $3,842.32 $6,916.17 $8,453.10 $11,526.96 GP $60.181 $155,844.72 $3,116.89 $6,233.79 $3,896.12 $7,013.01 $8,571.46 $11,688.35 SHIFT CHIEF ANNUAL SALARIES EFFECTIVE JANUARY 1, 2026 3.00% INCREASE GRADE STEP HOURLY BASE RATE ANNUAL BASE SALARY 2% EDU PAY 4% EDU PAY 2.5% LONG PAY 4.5% LONG PAY 5.5% LONG PAY 7.5% LONG PAY DP $61.083 $158,180.54 $3,163.61 $6,327.22 $3,954.51 $7,118.12 $8,699.93 $11,863.54 EP $62.204 $161,083.48 $3,221.67 $6,443.34 $4,027.09 $7,248.76 $8,859.59 $12,081.26 FP $63.324 $163,983.83 $3,279.68 $6,559.35 $4,099.60 $7,379.27 $9,019.11 $12,298.79 GP $65.495 $169,605.85 $3,392.12 $6,784.23 $4,240.15 $7,632.26 $9,328.32 $12,720.44 Page 120 of 158 A10.Page 295 of 642 112 APPENDIX C SIDE LETTER OF AGREEMENT Mr. William Lynch, President Evanston Fire Fighters Association Local No. 742, IAFF, AFL-CIO-CLC Dear Mr. Lynch: This letter will confirm that the parties have agreed that existing banked vacation time of IAFF members will not be unilaterally reduced and/or modified by the City during the term of this Agreement January 1, 2023 – December 31, 2026 . Very truly yours, Luke Stowe City Manager Page 121 of 158 A10.Page 296 of 642 113 APPENDIX D SIDE LETTER OF AGREEMENT Mr. William Lynch, President Evanston Fire Fighters Association Local No. 742, IAFF, AFL-CIO-CLC RE: Medical Officer Dear Mr. Lynch: This is to confirm that should the City reinstate usage of the rank of Medical Officer it is understood that the position of Medical Officer is included in the bargaining unit. Very truly yours, Luke Stowe City Manager Page 122 of 158 A10.Page 297 of 642 114 APPENDIX E SIDE LETTER OF AGREEMENT In the event that the Department wishes to reduce the number of employees TDA’d to the Fire Prevention Bureau below two either through assigning said work to civilians or contracting out, the parties shall then promptly meet and negotiate in good faith over the proposed decision and its impact and effects. If the parties fail to reach agreement, either side may invoke arbitration to resolve the dispute according to the procedure of Step 4 Arbitration of this Agreement (Section 6.2), except that the arbitration shall be an interest arbitration conducted according to the provisions of the IPLRA as applicable, and the arbitrator shall determine the dispute by applying the interest arbitration provisions of the IPLRA, and the parties’ rights during and after the arbitration shall be as provided in the IPLRA. Very truly yours, Luke Stowe City Manager Page 123 of 158 A10.Page 298 of 642 115 APPENDIX F SIDE LETTER OF AGREEMENT March 1, 2010 Mr. Brian Scott, President Evanston Fire Fighters Association Local No. 742, IAFF, AFL-CIO-CLC RE Recall of Laid off firefighters Dear Mr. Scott: This is to confirm that upon execution of the agreement City shall recall laid off firefighters and make whole (base pay and NOT overtime) as of August 20, 2010, forward provided the employees accept reinstatement. The City will make every good faith effort to enable the laid off firefighters to return to work as soon as possible (example: as temporary hire). Very truly yours, Wally Bobkiewicz City Manager Page 124 of 158 A10.Page 299 of 642 116 APPENDIX G FIRE DEPARTMENT PROMOTION ACT (50 ILCS 742/) Fire Department Promotion Act. (50 ILCS 742/1) Sec. 1. Short title. This Act may be cited as the Fire Department Promotion Act. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/5) Sec. 5. Definitions. In this Act: "Affected department" or "department" means a full-time municipal fire department that is subject to a collective bargaining agreement, or the fire department operated by a full-time fire protection district. The terms do not include fire departments operated by the State, a university, or a municipality with a population over 1,000,000 or any unit of local government other than a municipality or fire protection district. The terms also do not include a combined department that was providing both police and firefighting services on January 1, 2002. "Appointing authority" means the Board of Fire and Police Commissioners, Board of Fire Commissioners, Civil Service Commissioners, Superintendent or Department Head, Fire Protection District Board of Trustees, or other entity having the authority to administer and grant promotions in an affected department. "Promotion" means any appointment or advancement to a rank within the affected department (1) for which an examination was required before January 1, 2002; (2) that is included within a bargaining unit; or (3) that is the next rank immediately above the highest rank included within a bargaining unit, provided such rank is not the only rank between the Fire Chief and the highest rank included within the bargaining unit, or is a rank otherwise excepted under item (i), (ii), (iii), (iv), or (v) of this definition. "Promotion" does not include appointments (i) that are for fewer than 180 days; (ii) to the positions of Superintendent, Chief, or other chief executive officer; (iii) to an exclusively administrative or executive rank for which an examination is not required; (iv) to a rank that was exempted by a home rule municipality prior to January 1, 2002, provided that after the effective date of this Act no home rule municipality may exempt any future or existing ranks from the provisions of this Act; or (v) to an administrative rank immediately below the Superintendent, Chief, or other chief executive officer of an affected department, provided such rank shall not be held by more than 2 persons and there is a promoted rank immediately below it. Notwithstanding the exceptions to the definition of "promotion" set forth in items (i), (ii), (iii), (iv), and (v) of this definition, promotions shall include any appointments to ranks covered by the terms of a collective bargaining agreement in effect on the effective date of this Act. "Preliminary promotion list" means the rank order of eligible candidates established in accordance with subsection (b) of Section 20 prior to applicable Page 125 of 158 A10.Page 300 of 642 117 veteran's preference points. A person on the preliminary promotion list who is eligible for veteran's preference under the laws and agreements applicable to the appointing authority may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated in accordance with Section 55 and applied as an addition to the person's total point score on the examination. The appointing authority shall make adjustments to the preliminary promotion list based on any veteran's preference claimed and the final adjusted promotion list shall then be posted by the appointing authority. "Rank" means any position within the chain of command of a fire department to which employees are regularly assigned to perform duties related to providing fire suppression, fire prevention, or emergency services. "Final adjusted promotion list" means the promotion list for the position that is in effect on the date the position is created, or the vacancy occurs. If there is no final adjusted promotion list in effect for that position on that date, or if all persons on the current final adjusted promotion list for that position refuse the promotion, the affected department shall not make a permanent promotion until a new final adjusted promotion list has been prepared in accordance with this Act but may make a temporary appointment to fill the vacancy. Temporary appointments shall not exceed 180 days. Each component of the promotional test shall be scored on a scale of 100 points. The component scores shall then be reduced by the weighting factor assigned to the component on the test and the scores of all components shall be added to produce a total score based on a scale of 100 points. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/10) Sec. 10. Applicability. (a) This Act shall apply to all positions in an affected department, except those specifically excluded in items (i), (ii), (iii), (iv), and (v) of the definition of "promotion" in Section 5 unless such positions are covered by a collective bargaining agreement in force on the effective date of this Act. Existing promotion lists shall continue to be valid until their expiration dates, or up to a maximum of 3 years after the effective date of this Act. (b) Notwithstanding any statute, ordinance, rule, or other laws to the contrary, all promotions in an affected department to which this Act applies shall be administered in the manner provided for in this Act. Provisions of the Illinois Municipal Code, the Fire Protection District Act, municipal ordinances, or rules adopted pursuant to such authority and other laws relating to promotions in affected departments shall continue to apply to the extent they are compatible with this Act, but in the event of conflict between this Act and any other law, this Act shall control. (c) A home rule or non-home rule municipality may not administer its fire department promotion process in a manner that is inconsistent with this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Page 126 of 158 A10.Page 301 of 642 118 Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. (d) This Act is intended to serve as a minimum standard and shall be construed to authorize and not to limit: (1) An appointing authority from establishing different or supplemental promotional criteria or components, provided that the criteria are job-related and applied uniformly. (2) The right of an exclusive bargaining representative to require an employer to negotiate clauses within a collective bargaining agreement relating to conditions, criteria, or procedures for the promotion of employees to ranks, as defined in Section 5, covered by this Act. (3) The negotiation by an employer and an exclusive bargaining representative of provisions within a collective bargaining agreement to achieve affirmative action objectives, provided that such clauses are consistent with applicable law. (e) Local authorities and exclusive bargaining agents affected by this Act may agree to waive one or more of its provisions and bargain on the contents of those provisions, provided that any such waivers shall be considered permissive subjects of bargaining. (Source: P.A. 93-411, eff. 8-4-03; 94-809, eff. 5-26-06.) (50 ILCS 742/15) Sec. 15. Promotion process. (a) For the purpose of granting promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, administer a promotion process in accordance with this Act. (b) Eligibility requirements to participate in the promotional process may include a minimum requirement as to the length of employment, education, training, and certification in subjects and skills related to fire fighting. After the effective date of this Act, any such eligibility requirements shall be published at least one year prior to the date of the beginning of the promotional process and all members of the affected department shall be given an equal opportunity to meet those eligibility requirements. (c) All aspects of the promotion process shall be equally accessible to all eligible employees of the department. Every component of the testing and evaluation procedures shall be published to all eligible candidates when the announcement of promotional testing is made. The scores for each component of the testing and evaluation procedures shall be disclosed to each candidate as soon as practicable after the component is completed. (d) The appointing authority shall provide a separate promotional examination for each rank that is filled by promotion. All examinations for promotion shall be competitive among the members of the next lower rank who meet the established eligibility requirements and desire to submit themselves to examination. The appointing authority may employ consultants to design and administer promotion examinations or may adopt any job-related examinations or study materials that may become available, so long as they comply with the requirements of this Act. Page 127 of 158 A10.Page 302 of 642 119 (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/20) Sec. 20. Promotion lists. (a) For the purpose of granting a promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, prepare a preliminary promotion list in accordance with this Act. The preliminary promotion list shall be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (b) A person's position on the preliminary promotion list shall be determined by a combination of factors which may include any of the following: (i) the person's score on the written examination for that rank, determined in accordance with Section 35; (ii) the person's seniority within the department, determined in accordance with Section 40; (iii) the person's ascertained merit, determined in accordance with Section 45; and (iv) the person's score on the subjective evaluation, determined in accordance with Section 50. Candidates shall be ranked on the list in rank order based on the highest to the lowest total points scored on all of the components of the test. Promotional components, as defined herein, shall be determined and administered in accordance with the referenced Section, unless otherwise modified or agreed to as provided by paragraph (1) or (2) of subsection (d) of Section 10. The use of physical criteria, including but not limited to fitness testing, agility testing, and medical evaluations, is specifically barred from the promotion process. (c) A person on the preliminary promotion list who is eligible for a veteran's preference under the laws and agreements applicable to the department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated as provided under Section 55 and added to the total score achieved by the candidate on the test. The appointing authority shall then make adjustments to the rank order of the preliminary promotion list based on any veteran's preferences awarded. The final adjusted promotion list shall then be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (d) Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person's ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest-ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest-ranking person are not remediable, no person who is Page 128 of 158 A10.Page 303 of 642 120 the highest-ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with any grievance procedure in effect covering the employee. A vacancy shall be deemed to occur in a position on the date upon which the position is vacated, and on that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to a lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions vacated have been filled or for a period up to 5 years beginning from the date on which the position was vacated. In such event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the final adjusted promotion list. Any candidate who refuses promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person's opportunities to participate in future promotion examinations. (e) A final adjusted promotion list shall remain valid and unaltered for a period of not less than 2 nor more than 3 years after the date of the initial posting. Integrated lists are prohibited and when a list expires it shall be void, except as provided in subsection (d) of this Section. If a promotion list is not in effect, a successor list shall be prepared and distributed within 180 days after a vacancy, as defined in subsection (d) of this Section. (f) This Section 20 does not apply to the initial hiring list. (Source: P.A. 95-956, eff. 8-29-08.) (50 ILCS 742/25) Sec. 25. Monitoring. (a) All aspects of the promotion process, including without limitation the administration, scoring, and posting of scores for the written examination and subjective evaluation and the determination and posting of seniority and ascertained merit scores, shall be subject to monitoring and review in accordance with this Section and Sections 30 and 50. (b) Two impartial persons who are not members of the affected department shall be selected to act as observers by the exclusive bargaining agent. The appointing authorities may also select 2 additional impartial observers. (c) The observers monitoring the promotion process are authorized to be present and observe when any component of the test is administered or scored. Except as otherwise agreed to in a collective bargaining agreement, observers may not interfere with the promotion process, but shall promptly report any observed or suspected violation of the requirements of this Act or an applicable collective bargaining agreement to the appointing authority and all other affected parties. Page 129 of 158 A10.Page 304 of 642 121 (d) The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/30) Sec. 30. Promotion examination components. Promotion examinations that include components consisting of written examinations, seniority points, ascertained merit, or subjective evaluations shall be administered as provided in Sections 35, 40, 45 and 50. The weight, if any, that is given to any component included in a test may be set at the discretion of the appointing authority provided that such weight shall be subject to modification by the terms of any collective bargaining agreement in effect on the effective date of this Act or thereafter by negotiations between the employer and an exclusive bargaining representative. If the appointing authority establishes a minimum passing score, such score shall be announced prior to the date of the promotion process, and it must be an aggregate of all components of the testing process. All candidates shall be allowed to participate in all components of the testing process irrespective of their score on any one component. The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/35) Sec. 35. Written examinations. (a) The appointing authority may not condition eligibility to take the written examination on the candidate's score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least 90 days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list, ascertained merit points, and subjective evaluation scores. The written examination shall be administered, the test materials opened, and the results scored and tabulated. (b) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25, or if the tests are graded offsite by a bona fide testing agency, the observers shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or the appointing authority shall require the testing agency to mail the individual scores to any address Page 130 of 158 A10.Page 305 of 642 122 submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. The review sessions shall be at no cost to the candidates. (c) Sample written examinations may be examined by the appointing authority and members of the department, but no person in the department or the appointing authority (including the Chief, Civil Service Commissioners, Board of Fire and Police Commissioners, Board of Fire Commissioners, or Fire Protection District Board of Trustees and other appointed or elected officials) may see or examine the specific questions on the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (d) Each department shall maintain reading and study materials for its current written examination and the reading list for the last 2 written examinations or for a period of 5 years, whichever is less, for each rank and shall make these materials available and accessible at each duty station. (e) The provisions of this Section do not apply to the extent that they are in conflict with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 97-352, eff. 8-12-11.) (50 ILCS 742/40) Sec. 40. Seniority points. (a) Seniority points shall be based only upon service with the affected department and shall be calculated as of the date of the written examination. The weight of this component and its computation shall be determined by the appointing authority or through a collective bargaining agreement. (b) A seniority list shall be posted before the written examination is given and before the preliminary promotion list is compiled. The seniority list shall include the seniority date, any breaks in service, the total number of eligible years, and the number of seniority points. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/45) Sec. 45. Ascertained merit. (a) The promotion test may include points for ascertained merit. Ascertained merit points may be awarded for education, training, and certification in subjects and skills related to the fire service. The basis for granting ascertained merit points, after the effective date of this Act, shall be published at least one year prior to the date ascertained merit points are awarded and all persons eligible to compete for promotion shall be given an equal opportunity to obtain ascertained merit points unless otherwise agreed to in a collective bargaining agreement. (b) Total points awarded for ascertained merit shall be posted before the written examination is administered and before the promotion list is compiled. Page 131 of 158 A10.Page 306 of 642 123 (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/50) Sec. 50. Subjective evaluation. (a) A promotion test may include subjective evaluation components. Subjective evaluations may include an oral interview, tactical evaluation, performance evaluation, or other component based on subjective evaluation of the examinee. The methods used for subjective evaluations may include using any employee assessment centers, evaluation systems, chief's points, or other methods. (b) Any subjective component shall be identified to all candidates prior to its application, be job-related, and be applied uniformly to all candidates. Every examinee shall have the right to documentation of his or her score on the subjective component upon the completion of the subjective examination component or its application. A designated representative of the contracting union party shall be notified and be entitled to be present to monitor any preliminary meeting between certified assessors or representatives of a testing agency and representatives of the appointing authority held prior to the administration of the test to candidates for promotion. (c) Where chief's points or other subjective methods are employed that are not amenable to monitoring, monitors shall not be required, but any disputes as to the results of such methods shall be subject to resolution in accordance with any collectively bargained grievance procedure in effect at the time of the test. (d) Where performance evaluations are used as a basis for promotions, they shall be given annually and made readily available to each candidate for review, and they shall include any disagreement or documentation the employee provides to refute or contest the evaluation. These annual evaluations are not subject to grievance procedures, unless used for points in the promotion process. (e) Total points awarded for subjective components shall be posted before the written examination is administered and before the promotion list is compiled. (f) Persons selected to grade candidates for promotion during an assessment center process shall be impartial professionals who have undergone training to be certified assessors. The training and certification requirements shall, at a minimum, provide that, to obtain and maintain certification, assessors shall complete a course of basic training, subscribe to a code of ethical conduct, complete continuing education, and satisfy minimum activity levels. (g) The standards for certification shall be established by a Joint Labor and Management Committee (JLMC) composed of 4 members: 2 designated by a statewide association whose membership is predominantly fire chiefs representing management interests of the Illinois fire service, and 2 designated by a statewide labor organization that is a representative of sworn or commissioned firefighters in Illinois. Members may serve terms of one year subject to reappointment. For the purposes of this Section, the term "statewide labor organization" has the meaning ascribed to it in Section 10-3-12 of the Illinois Municipal Code. In developing certification standards, the JLMC may seek the advice and counsel of professionals and experts and may appoint an advisory committee. Page 132 of 158 A10.Page 307 of 642 124 The JLMC may charge reasonable fees that are related to the costs of administering authorized programs and conducting classes, including without limitation the costs of monitoring programs and classes, to the following: (i) applicants for certifications or recertifications, (ii) recipients of certifications or recertifications, and (iii) individuals and entities approved by the JLMC to conduct programs or classes. The JLMC's initial certification standards shall be submitted to the Office of the State Fire Marshal by January 1, 2009. The JLMC may provisionally certify persons who have prior experience as assessors on promotional examinations in the fire service. Effective January 1, 2010, only those persons who meet the certification standards developed by the JLMC and submitted to the Office of the State Fire Marshal may be selected to grade candidates on a subjective component of a promotional examination conducted under the authority of this Act; provided this requirement shall be waived for persons employed or appointed by the jurisdiction administering the examination. The JLMC shall annually: (1) issue public notice offering persons who are interested in qualifying as certified assessors the opportunity to enroll in training; and (2) submit to the Office of the State Fire Marshal an amended list of persons who remain certified, are newly certified, or who are no longer certified. (h) The Office of the State Fire Marshal shall support the program by adopting certification standards based on those submitted by the JLMC and by establishing a roster of certified assessors composed of persons certified by the JLMC. If the parties have not agreed to contract with a particular testing company to provide certified assessors, either party may request the Office to provide the names of certified assessors. Within 7 days after receiving a request from either party for a list of certified assessors, the Office shall select at random from the roster of certified assessors a panel numbering not less than 2 times the number of assessors required. The parties shall augment the number by a factor of 50% by designating assessors who may serve as alternates to the primary assessors. The parties shall select assessors from the list or lists provided by the Office or from the panel obtained by the testing company as provided above. Within 7 days following the receipt of the list, the parties shall notify the Office of the assessors they have selected. Unless the parties agree on an alternate selection procedure, they shall alternatively strike names from the list provided by the Office until only the number of required assessors remain. A coin toss shall determine which party strikes the first name. If the parties fail to notify the Office in a timely manner of their selection of assessors, the Office shall appoint the assessors required from the roster of certified assessors. In the event an assessor is not able to participate in the assessment center process for which he was selected, either of the parties involved in the promotion process may request that additional names of certified assessors be provided by the Office. (Source: P.A. 97-174, eff. 7-22-11.) (50 ILCS 742/55) Page 133 of 158 A10.Page 308 of 642 125 Sec. 55. Veterans' preference. A person on a preliminary promotion list who is eligible for veteran's preference under any law or agreement applicable to an affected department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The veteran's preference shall be calculated as provided in the applicable law and added to the applicant's total score on the preliminary promotion list. Any person who has received a promotion from a promotion list on which his or her position was adjusted for veteran's preference, under this Act or any other law, shall not be eligible for any subsequent veteran's preference under this Act. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/60) Sec. 60. Right to review. Any affected person or party who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on a promotion list, or veteran's preference shall be entitled to a review of the matter by the appointing authority or as otherwise provided by law. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/65) Sec. 65. Violations. (a) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Act commits a violation of this Act and may be subject to charges for official misconduct. (b) A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the promotion examination or demoted from the rank to which he was promoted, as applicable and otherwise subjected to disciplinary actions. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 93-411, eff. 8-4-03; text omitted.) (50 ILCS 742/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 93-411, eff. 8-4-03.) Page 134 of 158 A10.Page 309 of 642 126 APPENDIX H PLANS PARTICIPATION AGREEMENT Page 135 of 158 A10.Page 310 of 642 127 Page 136 of 158 A10.Page 311 of 642 128 Page 137 of 158 A10.Page 312 of 642 129 APPENDIX I RETURN TO SHIFT/EXEMPT POSITIONS Page 138 of 158 A10.Page 313 of 642 130 APPENDIX J INCIDENT COMMAND MINIMUM QUALIFICATIONS Page 139 of 158 A10.Page 314 of 642 131 APPENDIX K DIVISION CHIEF RESPONSE TO ALARMS Page 140 of 158 A10.Page 315 of 642 132 APPENDIX L PERSONNEL RULES / WORKERS’ COMPENSATION Page 141 of 158 A10.Page 316 of 642 133 Page 142 of 158 A10.Page 317 of 642 134 Page 143 of 158 A10.Page 318 of 642 135 Page 144 of 158 A10.Page 319 of 642 136 Page 145 of 158 A10.Page 320 of 642 137 APPENDIX M DIVISION CHIEF MEMORANDUM OF UNDERSTANDING Page 146 of 158 A10.Page 321 of 642 138 Page 147 of 158 A10.Page 322 of 642 139 Page 148 of 158 A10.Page 323 of 642 140 Page 149 of 158 A10.Page 324 of 642 141 Page 150 of 158 A10.Page 325 of 642 142 Page 151 of 158 A10.Page 326 of 642 143 Page 152 of 158 A10.Page 327 of 642 144 Page 153 of 158 A10.Page 328 of 642 145 Page 154 of 158 A10.Page 329 of 642 146 Page 155 of 158 A10.Page 330 of 642 147 Page 156 of 158 A10.Page 331 of 642 148 Page 157 of 158 A10.Page 332 of 642 149 APPENDIX N SIDE LETTER OF AGREEMENT MAINTENANCE OF SERVICE LEVELS The City shall maintain the daily staffing levels of 26 bargaining unit personnel designated in Section 13.19(d). The 26 bargaining unit personnel shall be utilized for five (5) engine companies of three (3) personnel each, two (2) truck companies of three (3) personnel each, two (2) ambulance companies of two (2) personnel each, and one (1) Shift Chief in a command vehicle. This side letter of agreement detailing the utilization of the 26 bargaining unit personnel shall expire (sunset) at 11:59 p.m. on the 31st day of December 2026, and the parties shall revert immediately to the provisions of the parties’ collective bargaining agreement, including Section 13.19(d). The parties agree that the provisions within this side letter of agreement detailing the utilization of the 26 bargaining unit personnel and the effects of its application shall be considered non-precedential, shall not be considered to be the “status quo” in any future negotiation, and shall not be used by either party for any purpose whatsoever in any future interest arbitration involving the parties. Consistent with 5 ILCS 315/14(i), nothing herein shall constitute a waiver of either party’s position as to whether or not equipment type or level is a permissive subject of bargaining. Page 158 of 158 A10.Page 333 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Nicholas Cummings, Corporation Counsel Subject: Resolution 26-R-23 Authorizing the City Manager to Terminate the Lease Agreement Authorized by Ordinance 47-O-21 Date: March 27, 2023 Recommended Action: Staff recommends the adoption of Resolution 26-R-23 authorizing the City Manager to terminate the lease agreement authorized by Ordinance 47-O-21. Specifically the lease agreement between the City of Evanston and Artists Book House. CARP: Municipal Operations, Education & Outreach Council Action: For Action Summary: Staff recommends the adoption of Resolution 26-R-23, authorizing the City Manager to terminate the lease agreement between the City of Evanston and Artists Bo ok House. Previously, the City and Artists Book House considered an amendment to the lease agreement, which would have revised the fundraising goals contained in the original lease. Artists Book House later determined, however, that the proposed amendments were also unobtainable, and the parties agreed to terminate the lease agreement. Legislative History: Ordinance 47-O-21 was adopted on May 10, 2021. Attachments: Resolution 26-R-23 Termination of Lease Agreement - Harley Clarke [DRAFT] A11.Page 334 of 642 1 3/27/2023 26-R-23 A RESOLUTION Authorizing the City Manager to Terminate the Lease Agreement Authorized by Ordinance 47-O-21 WHEREAS, the City of Evanston (the “City”) owns certain real property located at 2603 Sheridan Road, Evanston, Illinois (also known as the Harley Clarke Mansion); and WHEREAS, in May 2021, the City Council passed Ordinance 47-O-21 authorizing a lease with Artists Book House, an Illinois not-for-profit corporation (“Artists Book House”); and WHEREAS, the lease agreement contained certain benchmarks for Artists Book House to raise funds to complete rehabilitation of the Harley Clarke Mansion; and WHEREAS, Artists Book House was unable to meet the benchmarks and that would be feasible for a continued lease; and WHEREAS, the City and Artists Book House desire to terminate the Lease Agreement effective immediately. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is authorized to execute the Termination of Lease Agreement attached hereto as Exhibit 1. Page 2 of 7 A11.Page 335 of 642 26-R-23 ~2~ SECTION 3:The lease agreement authorized by Ordinance 47-O-21 is hereby terminated. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 3 of 7 A11.Page 336 of 642 26-R-23 ~3~ EXHIBIT 1 TERMINATION OF LEASE AGREEMENT Page 4 of 7 A11.Page 337 of 642 TERMINATION OF LEASE AGREEMENT THIS TERMINATION OF LEASE AGREEMENT (the “Agreement”) is made as of _______________, 2023, by and between City of Evanston, an Illinois home rule unit of government located in Cook County, Illinois (“City”) and Artists Book House, an Illinois not- for-profit corporation (“ABH”), collectively referred to as the “Parties.” WITNESSTH: WHEREAS, on or about May 12, 2021, the City, as Lessor, entered into a Lease Agreement with ABH, as Lessee (the “Lease Agreement”) for the use of the real property commonly as 2603 Sheridan Road, Evanston, Illinois, more fully described on Exhibit A attached hereto (the “Subject Property”); and WHEREAS, the Lease Agreement contained certain benchmarks for ABH to raise funds to complete rehabilitation of the Subject Property; and WHEREAS, ABH was unable to meet the benchmarks and ABH has determined there are no set of benchmarks that would be feasible for a continued lease; and WHEREAS, the Parties hereto desire to terminate the Lease Agreement effective immediately. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the City and ABH agree as follows: 1. Recitals and Definitions. The Recitals and definitions set forth above constitute an integral part of the Agreement and are hereby incorporated by this reference with the same force and effect as if set forth herein as the agreements of the parties. 2. Lease Modification. The term of the Lease Agreement shall expire and shall be deemed terminated and cancelled effective on ______________, 2023 (the “Expiration Date”). 3. Termination Payment. Pursuant to the Lease Agreement, ABH shall pay to the City any damages sustained by the City resulting from retention of possession by ABH after execution of this Agreement. The City expressly covenants that no other fees, rents, or costs are due and owing at the execution of this Agreement. 4. Mutual Release. Effective on the Expiration Date, each party hereto releases the other party hereto from all claims, demands, damages, rights, liabilities, and causes of action of any nature whatsoever, whether at law or equity, known or unknown, suspected or unsuspected, which are related or in any manner incidental to the Lease Agreement. Each party waives and relinquishes any right or benefit which it has or may have under applicable law regarding waiver of unknown claims to the full extent that it may lawfully waive such rights and benefits. In connection with such waiver and relinquishment, each party acknowledges that it is aware that it or its attorneys or accountants may hereafter discover facts in addition to or different from those which it now knows or believes to exist with respect to the subject matter of this Agreement or the other party hereto, but that is such parties intention hereby Page 5 of 7 A11.Page 338 of 642 2 fully, finally, and forever to settle and release all of the claims, disputes, and differences, known or unknown, suspected or unsuspected, which now exist or may exist hereafter between each party with regard to the Lease Agreement. This Agreement shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts. Notwithstanding the foregoing to the contrary, this mutual release is not intended to release or offset actions by either party for claims arising as a result of a breach of this Agreement. 5. Choice of Law. This Assignment shall be governed by and construed in accordance with the laws of the State of Illinois. 6. Counterparts. This Assignment may be executed in two or more counterparts each of which shall be deemed an original, and it shall not be necessary in making proof of this Assignment to produce or account for more than one such counterpart. SIGNATURE PAGE FOLLOWS Page 6 of 7 A11.Page 339 of 642 IN WITNESS WHEREOF, the parties have executed this Termination of Lease Agreement as of the day and year first written above. CITY: The City of Evanston a home rule unit of government located in Cook County, Illinois By: Name: Title: Artists Book House: Artists Book House an Illinois not-for-profit company By: Name: Title: Page 7 of 7 A11.Page 340 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Nicholas Cummings, Corporation Counsel Subject: Resolution 30-R-23, Authorizing the City Manager to Execute a License Agreement With Jens Jensen Gardens In Evanston, Inc. Date: March 27, 2023 Recommended Action: Staff recommends the City Council adopt Resolution 30-R-23, authorizing the City Manager to execute a License Agreement with Jens Jensen Gardens in Evanston, Inc. CARP: Municipal Operations, Urban Canopy & Green Space Council Action: For Action Summary: Staff recommends adoption of Resolution 30-R-23, authorizing the City Manager to execute a License Agreement with Jens Jensen Gardens in Evanston, Inc. ("JJGE") The City Council will consider Resolution 26-R-23, which will terminate the lease agreement between the City and Artists Book House. With that termination, Artists Book House must cede control of the property located at 2603 Sherman to the City, losing access to the property. Currently, JJGE has access to the property as part of an informal agreement with Artists Book House. To ensure JJGE maintains access to the property, the City and JJGE have negotiated a license agreement to bridge the time until the parties enter into a lease agreement. The Administration and Public Works Committee directed staff to negotiate a lease agreement with JJGE. Recently the parties exchanged a second round of documents with a meeting between staff and JJGE's counsel to be scheduled. Attachments: 30-R-23 Authorizing the City Manager to Execute a License Agreement with JJGE Jens Jensen Gardens in Evanston - City of Evanston - Access & License Agreement [CoE Draft 3.22.2023] Exhibit C - lease area A12.Page 341 of 642 1 3/27/2023 30-R-23 A RESOLUTION Authorizing the City Manager to Execute a License Agreement with Jens Jensen Gardens in Evanston, Inc. WHEREAS, the City of Evanston (the “City”) owns certain real property located at 2603 Sheridan Road, Evanston, Illinois (also known as the Harley Clarke Mansion, hereafter referred to as “the Property”); and WHEREAS, in May 2021, the City Council passed Ordinance 47-O-21 authorizing a lease with Artists Book House, an Illinois not-for-profit corporation (“Artists Book House”); and WHEREAS, the City and Artists Book House desire to terminate the Lease Agreement effective immediately; and WHEREAS, termination of the lease agreement between Artists Book House and the City limits the ability of Jens Jensen Gardens in Evanston, Inc. to have continued access to the Property; and WHEREAS, the City and Jens Jensen Gardens in Evanston, Inc. continue to a potential lease agreement; and WHEREAS, the City and Jens Jensen Gardens in Evanston, Inc. desire to have an agreement between the parties that allows Jens Jensen Gardens in Evanston, Inc. to have continued access to the Property; and WHEREAS, the City and Jens Jensen Gardens in Evanston, Inc. have reached an agreement to allow Jens Jensen Gardens in Evanston, Inc. to operate on the Property while the parties negotiate a lease agreement. Page 2 of 16 A12.Page 342 of 642 30-R-23 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to sign the License Agreement attached hereto as Exhibit 1. SECTION 3:The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of said agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 4:This Resolution 30-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 3 of 16 A12.Page 343 of 642 30-R-23 ~3~ EXHIBIT 1 TERMINATION OF LEASE AGREEMENT Page 4 of 16 A12.Page 344 of 642 CoE Draft 3.22.2023 LICENSE AGREEMENT This License Agreement (“Agreement”) is dated and effective as of March__, 2023 (the “Effective Date”) by and among the CITY OF EVANSTON, an Illinois municipal corporation (referred to herein as “Licensor”) and JENS JENSEN GARDENS IN EVANSTON, INC., an Illinois not-for- profit corporation (referred to herein as “Licensee”). 1. The Property. Licensor is the owner of certain grounds surrounding the Harley Clarke Mansion and the coach house having a common address of 2603 Sheridan Road, Evanston, Illinois 60201 (the “Property”). 2. License Premises. For the purpose(s) described in Exhibit A attached hereto (the “Permitted Purpose”), Licensee intends to access and use the portion of the Property identified in Exhibit B attached hereto, excluding the Harley Clarke Mansion, as the “License Premises”. 3. Consent to Enter. Licensor hereby grants Licensee and its employees, contractors, subcontractors, invitees, consultants, agents, and representatives (collectively, the “Permitted Parties”), upon no less than twenty-four (24) hours prior written notice to Licensor (which notice shall be sent by email to citymanager@cityofevanston.org, permission to enter upon the License Premises and use the License Premises for the Permitted Purpose. However, if Licensee (including any of its Permitted Parties) breaches or defaults under any of the terms and conditions of this Agreement, Licensor may immediately terminate this Agreement upon written notice to Licensee or exercise any available remedies at law or in equity in addition to Licensor’s rights in accordance with Section 14 below. Licensee acknowledges and agrees that (i) the rights granted herein to Licensee are limited to physical access to the License Premises during the Term (as defined herein) in order for Licensee to perform the Permitted Purpose and (ii) notwithstanding anything to the contrary contained herein, unless stated to be part of the Permitted Purpose or otherwise approved in writing by Licensor, Licensee shall not (a) drill, excavate, bore, dig, unearth or penetrate the License Premises or any portion thereof, (b) create any pits, ditches, trenches or tunnels in or on the License Premises or (c) conduct any environmental or other sampling or testing of any surface or subsurface condition, soil, groundwater or any other materials located on or found on the License Premises or any portion thereof. 4. Access Notice. Licensee shall provide no less than twenty-four (24) hours prior notice of its intent to access the Property and the License Premises, except where access is intended to be day to day, in which case Licensee shall specify in its notice how many days such activity is intended to take. The notice shall also indicate the scope of activity to be performed while accessing the License Premises and will provide the names of any of its Permitted Parties who will enter the License Premises. Notice may be accomplished by any other available method of communication agreed to by Licensor. 5. No Interference. Licensee (including its Permitted Parties) shall use commercially reasonable efforts to conduct all activities on the License Premises in a manner designed to minimize any unreasonable interference with all other uses of the Property. 6. No Representation; No Liability. Licensor makes no representation or warranty regarding the condition or suitability of the License Premises for the Permitted Purpose and shall have no liability to Licensee for any damage to Licensee’s property on the License Premises, except to the extent resulting from the Licensor Parties’ (as hereinafter defined) negligence or willful misconduct. Page 5 of 16 A12.Page 345 of 642 7. Term. Licensee (including its Permitted Parties) shall have access to and use of the License Premises until the later shall occur: (i) the full execution of a definitive lease agreement between Licensor and Licensee for the Property, or (ii) four (4) weeks from the date hereof (the “Term”). 8. Compliance with Laws. Licensee shall comply, in all material respects, with all applicable laws, ordinances, codes, statutes, rules, regulations, orders, decisions, decrees, edicts and directives applicable to its conduct of the Permitted Purpose at the Property (collectively “Applicable Laws”). Among other Applicable Laws, Licensee shall comply in all material respects with all applicable health and safety laws, and all Environmental Laws (as hereinafter defined) to the extent applicable to their conduct of the Permitted Purpose. 9. Hazardous Materials. Licensee (including its Permitted Parties) shall not place, use, release, store, or cause to be placed or used or stored any fuel, explosive or flammable materials or other Hazardous Materials on the License Premises except as necessary for the Permitted Purpose and in compliance with Environmental Law. The term “Hazardous Materials” shall mean all substances, materials or waste, asbestos, petroleum or petroleum products, petroleum additives or constituents or any other waste, contaminant or pollutant regulated under or for which standards of conduct or liability may be imposed by any Environmental Law as well as all chemicals, materials, substances and items in any form that because of their physical, chemical or other characteristics may pose a risk of endangering human health or safety or of degrading the environment and are regulated under any Environmental Law. “Environmental Laws” shall mean all federal, state and local laws (including common law) regulating or imposing standards of care with respect to the handling, storage, use, emitting, discharge, disposal or other release of Hazardous Materials, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Clean Air Act, 42 U.S.C. §§7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 11001, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§2701, et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 651, et seq., any successor statutes to the foregoing, or any other comparable local, state or federal statute, ordinance or common law pertaining to human health and safety pollution or protection of the environment or natural resources, including without limitation the preservation of wetlands, and all statutes, ordinances, regulations and similar provisions having the force or effect of law pertaining thereto, as well as judicial or administrative decrees, orders or decisions, authorizations or permits pertaining thereto. 10. Environmental Release and Indemnity. (a) Except for Pre-Existing Environmental Conditions (as defined below), Licensee hereby agrees to release, indemnify, defend and hold harmless the Licensor Parties (as hereinafter defined) from and against any and all losses, claims, demands, costs, fees, fines, penalties, other damages, causes of action, suits, and liabilities (including, without limitation, all reasonable expert costs, attorneys fees, and litigation costs and expenses) to the extent arising from (i) the use, transport, storage, discharge, spill, or release of Hazardous Materials at or on the Property by the Licensee or any of the Permitted Parties (as hereinafter defined); (ii) liability to third parties for toxic torts and/or personal injury claims resulting from the actions of the Licensee or any of the Permitted Parties at or on the Property, (iii) fines, penalties and/or assessments levied, assessed or asserted by any governmental authority or court resulting from the actions of the Licensee or any of the Permitted Parties at or on the Property, and (iv) investigation, assessment, remediation and mitigation costs and expenses and natural resource damage claims arising out of, resulting from or connected with, (x) any Hazardous Materials used, brought upon, transported, stored, kept, discharged, spilled or released by any the Permitted Parties in, on, under or from the Property Page 6 of 16 A12.Page 346 of 642 pursuant to this Agreement, or (y) any actions of the Licensee or the Permitted Parties at the Property resulting in a violation of Environmental Laws. Notwithstanding anything to the contrary contained herein, Licensee shall not be liable to Licensor for consequential, punitive, special, or exemplary damages. (b) The Licensee shall provide Licensor with prompt written notice upon the Licensee’s obtaining knowledge of any known release of any Hazardous Materials in violation of Environmental Laws and affecting the Property occurring during the term of this Licensee which results from the negligent acts or omissions by the Licensee or any Permitted Parties under this Agreement. (c) In the event that any Pre-Existing Environmental Condition is found to be present at the Property, including without limitation any such condition that is discovered in connection with work performed by or on behalf of Licensee on or to the Property, Licensor, at its sole cost and expense, shall be responsible for all investigatory, remedial, or other response actions that may be required with respect to such Hazardous Materials in accordance with applicable Environmental Laws. Without limiting the terms hereof, Licensor shall reimburse, defend, indemnify, and hold Licensee harmless from and against any and all claims (whether pending or threatened and expressly including strict liability), actual losses, actual liabilities, actual damages, reasonable out-of-pocket costs and expenses (including, without limitation, the costs of any required or necessary investigation, repair, cleanup, remediation, or detoxification and the preparation of any closure or other required plans in connection therewith, whether voluntary or compelled by governmental authority), actions, demands, judgments, penalties, or injuries to or by any person or entity (including, but not limited to, any governmental entity, adjacent or affected landowner, employees, or other invitees of future owners or occupants, private party, or other third party) including, without limitation, loss of rental income, loss due to business interruption, and reasonable attorneys' and consultants' fees and costs and litigation expenses, arising out of or in any way connected with Pre-Existing Environmental Conditions, the use, manufacture, storage, handling, or disposal of Hazardous Materials by Licensor or its agents, contractors, subtenants or invitees, on or about the Property, or the violation by Licensor or its agents, contractors, subtenants, assignees or invitees of any Environmental Laws. (d) As used in this Agreement, “Pre-Existing Environmental Conditions” means any release, discharge, or presence of a Hazardous Material, any violation of or non-compliance with any Environmental Laws, or any other environmental, health or safety-related event or condition at, in, under, migrating to or from, or otherwise relating to the Property, whether known or unknown, in each case, to the extent existing or occurring on or prior to the date hereof, including without limitation any such conditions that are identified in or that subsequently arise in connection with the findings, land uses or operations described in any environmental reports. 11. Release. Except for any Pre-Existing Environmental Conditions and the negligence and/or willful misconduct of Licensor, Licensee, on behalf of itself and its successors and assigns hereby releases, waives and forever discharges Licensor and its directors, officers, shareholders, members, managers, employees, agents, and representatives, and their respective successors and assigns (collectively, the “Licensor Parties”) from any and all Claims (as hereinafter defined) that Licensee, its successors and assigns may have against Licensor and/or the Licensor Parties that relate solely to the Permitted Purpose and arise from (a) the physical condition of the Property, including, without limitation, the License Premises, (b) the presence of the Licensee or any of its Permitted Parties on the Property, including, without limitation, the License Premises, (c) the Licensee’s exercise of the rights granted in this Agreement, or (d) any default by the Licensee (including its Permitted Parties) under this Agreement. The Licensee specifically acknowledges that Licensor has made no representation or warranty of any kind or character in respect to the condition of the Property, including, without limitation, the License Page 7 of 16 A12.Page 347 of 642 Premises, or the use which may be made thereof, and Licensor hereby specifically disclaims any and all such representations and warranties, express or implied. This release shall survive the expiration or earlier termination of this Agreement. 12. Insurance. 1 (a)It is agreed that any policies of insurance to be maintained by Licensee will be obtained from good and solvent insurance companies authorized to do business in the state in which the Property is located. Only companies with an “A-” Policyholder’s Rating with the Alfred Best Company will be acceptable to the Licensor. (b)Upon the date hereof, Licensee agrees that it will, at its expense, maintain a policy of insurance, written by responsible insurance carriers, that will insure Licensee against liability for injury to or death of persons or damage to property occurring about the License Premises. The liability limit must be at least $1,000,000 for any one person injured or killed or any one occurrence, $1,000,000 general aggregate coverage for any one accident, and $1,000,000 for property damage. All such policies of insurance shall name Licensor as additional insured. Licensee agrees to carry, at Licensee’s sole expense, insurance against fire, vandalism, malicious mischief, and such other perils as are from time to time included in a standard extended coverage endorsement, insuring Licensee’s merchandise, trade fixtures, furnishings, equipment, and all other items of personal property of Licensee located on or within the License Premises, in an amount equal to their full replacement value. If Licensee installs any electrical equipment that overloads the electrical lines in the License Premises, Licensee shall, at its own expense, make whatever changes are necessary to comply with the requirements of the insurance underwriters and governmental authorities having jurisdiction over the License Premises. Licensee must maintain Worker’s Compensation insurance, for employees, as required by Illinois law. (c)The Licensor agrees that it will, at its expense, maintain a policy of insurance, written by responsible insurance carriers authorized to do business in the state where the License Premises are located, that will insure the Licensor against liability for injury to or death of persons or damage to property occurring about the Property. The liability limit must be at least $1,000,000 for any one person injured or killed or any one occurrence, $1,000,000 general aggregate coverage for any one accident, and $1,000,000 for property damage. Prior to entering the License Premises for any maintenance, repair, and replacement to the License Premises or the hosting or sponsoring of any events, gatherings, classes, and the like on the License Premises, the Licensor shall provide Licensee with copies of the certificate of insurance for such insurance. (d)Licensor and Licensee each agree to waive any claim for any loss, damage or injury which is covered by insurance carried by either party and for which recovery from such insurer is made. 13. Indemnification. Except for indemnification claims relating to environmental matters pursuant to Section 10 and Claims arising out of Licensor’s negligence and/or willful misconduct, Licensee will indemnify the Licensor Parties from and against any and all claims, demands, losses, costs, fees, fines, penalties, other damages, causes of action, suits, and liabilities (including, without limitation, all reasonable expert costs, fees of outside counsel, and litigation costs and expenses) whether arising in equity, at common law, by statute, or under the law of contracts, tort or property, of every kind or character (including, without limitation, those arising from personal injury, and real and personal property damage) (collectively, “Claims”) to the extent caused by: (i) Licensee’s breach of the terms of this 1 NTD: Remains under review by Licensee’s insurance broker. Page 8 of 16 A12.Page 348 of 642 Agreement; (ii) Licensee’s activities on the Property in connection with the Permitted Purpose; or (iii) Licensee’s failure to comply with any Applicable Laws as required herein. 14. Default. If Licensee defaults in any of the terms and conditions of this Agreement and such default is not cured within ten (10) business days after Licensor notifies Licensee of such default in writing, Licensor may, at its election, either (i) terminate this Agreement, and, upon such termination, all rights of Licensee hereunder shall cease and come to an end, or (ii) incur commercially reasonable expense necessary to perform the term, condition, covenant or agreement under this Agreement that is the subject of Licensee’s default, and bill Licensee for such out-of-pocket expense actually incurred, for which Licensee agrees to reimburse Licensor within ten (10) business days of receipt of Licensor’s bill, which payment may be subject to Licensee’s reasonable challenge noted at the time of such payment. 15. Use Obligations. With respect to work to be performed by Licensee in the License Premises, the following covenants shall apply: (a) Licensee will provide reasonable prior written notice to Licensor of any planned work related to all Permitted Uses prior to the date of commencement of the work, which notice (hereinafter the “Work Notice”) will be accompanied by plans showing the proposed work activities in reasonable detail and, if available and applicable, a copy of the submission made in connection with the obtaining of permits therefor. Licensor shall be afforded five (5) business days (the “Review Period”) to review Licensee's plans. The Work Notice is intended only to present Licensor with Licensee's logistical plans concerning potential construction and improvements and Licensor assumes no liability or responsibility of any kind with respect to Licensee's construction process or performance, at any time. (b) Following delivery of the Work Notice and within the Review Period and upon the request of Licensor after its review of Licensee's work plans, Licensee shall consult with Licensor within the Review Period, in good faith, concerning the nature of the proposed work and ways to meet the concerns of Licensor, if any, concerning the proposed work. All work shall be conducted in accordance with Applicable Laws and shall be done by contractors and sub-contractors who carry proper and appropriate insurance, licenses and permits. 16. Mechanics’ Liens. (a) Licensor shall not be liable for any labor or materials furnished or to be furnished to or for Licensee or to any other persons or entities claiming under Licensee on credit, and that no mechanic’s or other lien for any such labor or material furnished to Licensee or such other persons or entities shall attach to or affect any property interest of Licensor. (b) Licensee shall take such action necessary to discharge, remove, or satisfy any filed against the Property or any portion thereof for any labor, or materials furnished or to be furnished for or on behalf of Licensee. (c) If any such lien shall at any time be filed, Licensee shall within thirty (30) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. Licensee may contest the validity of the same by posting bond or similar escrow payment sufficient for a reputable and well-capitalized title insurance company to insure over such lien. If Licensee fails to pay and remove such lien, or discharge the same by deposit or bonding, within such thirty (30) days, except if Licensee is contesting the validity of the same, as aforesaid, Licensor, at its election, may pay and satisfy the same and in such event the sums so paid or Page 9 of 16 A12.Page 349 of 642 deposited, or the premium paid for such bond by Licensor, with interest at the rate of 5% per annum, shall be paid by Licensee upon demand to Licensor. (d) Licensee shall defend, indemnify, and save harmless Licensor from and against all liability, loss, cost, or expense (including reasonable attorneys' fees) arising out of any liens which Licensee is obligated to discharge, remove or satisfy under this Agreement. 17.Assignment and Subletting. This Agreement is personal to Licensee and may not be sold, transferred, assigned, or sublet. Any such sale, transfer, assignment, or subletting is null and void. 18.Notices. All written notices required under this Agreement must be hand delivered or sent certified mail addressed to the proper party at the following addresses or sent by email with confirmation of transmission by the transmitting equipment; or, in each case to the following addresses, or email addresses and marked to the attention of the person (by name or title) designated below: Licensor: City Manager’s Office City of Evanston Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 citymanager@cityofevanston.org with copies to: Director of Parks and Recreation City of Evanston Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 Law Department City of Evanston Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 law@cityofevanston.org Licensee: Jens Jensen Gardens in Evanston, Inc. Attn: Charles Smith, President 1607 Dobson Street Evanston, Illinois 60202 19. No Alterations. Except as specifically set forth in this Agreement, Licensee shall make no alterations, installations, additions, or improvements in, on, or to the License Premises without Licensor’s prior written consent, which may be granted or withheld in Licensor’s reasonable discretion. 20. No Relationship. It is agreed that nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or a relationship of landlord and tenant between Licensor and Licensee. Page 10 of 16 A12.Page 350 of 642 21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same document. This Agreement and any counterpart therefore may be delivered by email, it being the express intent of the parties that such Agreement and any counterpart thereof delivered by email (together with the signatures thereon) shall have the same force and effect as if they were originals. 22. Survival. Provisions of this Agreement which by their express terms or by their nature are continuing shall survive termination or expiration of this Agreement. 23. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Illinois, without regard to any principles of conflicts of laws that would direct the application of the substantive law of another state. 24.Venue and Jurisdiction. In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the state or federal courts of Illinois, and the parties hereby submit to the exclusive jurisdiction of such courts. 25. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover from the unsuccessful party all costs, expenses (including expert testimony) and reasonable attorneys’ fees, including allocated costs and fees of in-house counsel, incurred therein by the prevailing party. 26. Complete Agreement. This Agreement reflects the whole and entire agreement among the parties with respect to the Permitted Purpose and supersedes all prior agreements and understandings, oral and written, among the parties with respect to the Permitted Purpose. This Agreement shall not be amended except by a writing executed by both parties. [remainder of page left intentionally blank] Page 11 of 16 A12.Page 351 of 642 IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the day and year first above written. LICENSOR: CITY OF EVANSTON, an Illinois municipal corporation By: ___________________________________ Name: Title: [signatures continue] Page 12 of 16 A12.Page 352 of 642 LICENSEE: JENS JENSEN GARDENS IN EVANSTON, INC., an Illinois not-for-profit corporation By: _____________________________ Name: _____________________________ Title: _____________________________ Page 13 of 16 A12.Page 353 of 642 Exhibit A Permitted Purpose: Subject to the terms of this Agreement, Licensee is granted access to use the Property for community recreation, gardening, landscaping, conservation, ecological, and nature education, events, and activities, fundraising events (including plant sales), and office and administrative uses, and all other lawful uses related thereto, and to recreate and rehabilitate the “Jen Jensen gardens” in a similar manner to those as formerly existed on the Property, in a manner consistent with the “Jens Jensen philosophy” of the use of native trees, shrubs, and plants and maintained in a manner consistent with native plant gardening. Page 14 of 16 A12.Page 354 of 642 Exhibit B License Premises Page 15 of 16 A12.Page 355 of 642 EXHIBIT CLEASE AREAPage 16 of 16A12.Page 356 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sean Ciolek, Facilities & Fleet Management Div. Manager CC: Michael Rivera, Interim Administrative Services Director, Kenneth Palmer, Facilities & Fleet Management Supervisor Subject: Ordinance 31-O-23, Authorizing the Sale of Surplus Property Owned by the City of Evanston Date: March 27, 2023 Recommended Action: Staff recommends that City Council adopt Ordinance 31 -O-23, directing the City Manager to offer the sale of vehicles owned by the City through public auction through GovDeals, an online auction system utilized by government agencies, or any other subsequent America’s Online Auction. These vehicles have been determined to be surplus due to new vehicle replacements being placed into service or vehicles that had to be taken out of service for safety reasons with the intention of eventual replacement. CARP: N/A Council Action: For Introduction Summary: The Facilities & Fleet Management Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are usually provided on behalf of America's Auto Auction, 14001 S. Karlov Avenue, Crestwoo d, Illinois 60554. America's Auto Auction is the Northwest Municipal Conference Suburban Purchasing Cooperative's "bid winner" for auction services for member municipalities. To reach more bidders, the City has been utilizing an online auction platform through GovDeals. GovDeals manages the website and software while the transaction occurs directly between the buyer and the seller. Staff believes that items have been selling better/faster and at a higher revenue through GovDeals and should continue to use this company. A13.Page 357 of 642 This request authorizes the Facilities and Fleet Management Division of the Administrative Services Department to sell the vehicles listed in the table below through GovDeals or, if necessary, through Northwest Municipal Vehicle Auction spons ored by America's Auto Auction or any subsequent online internet auction to the highest bidder. All net proceeds from the auction will be credited to account number 601.19.7780.56065, "Sale of Surplus Property." Attachments: 31-O-23 Authorizing Auction of Surplus Fleet and Equipment Page 2 of 5 A13.Page 358 of 642 3/13/23 31-O-23 AN ORDINANCE Authorizing the Sale of Aging Surplus Fleet Vehicles and Equipment Owned by the City of Evanston (GovDeals.com and Americas Auto Auction) WHEREAS, the City Council of the City of Evanston (the “City”) has determined it is no longer necessary, practical, or economical, nor in the best interests of the City, to retain ownership of certain surplus fleet vehicles/equipment that have a value in excess of one thousand five hundred dollars ($1,500.00) which are described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interests of the City to sell said surplus fleet vehicles and equipment to the highest bidder through an online auction system utilized by government agencies called “GovDeals” and “Americas Auto Auction”, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-3(B) of the Evanston City Code of 2012, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicles and equipment, upon terms and conditions deemed reasonable, necessary, and in the best interests of the City, to the highest bidder online at GovDeals.com and Americas Auto Auction. Page 3 of 5 A13.Page 359 of 642 31-O-23 ~2~ SECTION 3: Upon payment of the sale price by the highest bidder to the City indicated by GovDeals.com and Americas Auto Auction, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus fleet vehicles and equipment to GovDeals.com and Americas Auto Auction. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and will be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance will be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas Cummings, Corporation Counsel Page 4 of 5 A13.Page 360 of 642 31-O-23 ~3~ EXHIBIT A SURPLUS FLEET VEHICLES/EQUIPMENT Page 5 of 5 A13.Page 361 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sarah Flax, Interim Director of Community Development Subject: Ordinance 28-O-23 Authorizing the City Manager to Execute a Sale Contract for City-Owned Real Property located at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School District No. 202 Date: March 27, 2023 Recommended Action: Staff recommends adoption of Ordinance 28-O-23 authorizing the City Manager to execute a sale contract for City-owned real property at 1739 Brown Avenue and 1319 McDaniel Avenue to the of terms the with conformance (“ETHS”) School High Township Evanston in Intergovernmental Agreement (“IGA”) between the City of Evanston and Evanston Township High School for the Geometry in Construction (GIC) class. CARP: Implementation, Accountability, & Partnerships Council Action: For Action Summary: Ordinance 28-O-23 authorizes the City Manager to negotiate the sale of 1739 Brown Avenue and 1319 McDaniel Avenue to ETHS. The properties will be sites for homes constructed by ETHS, according to the IGA. Ordinance 28 -O-23 is necessary to follow the procedural requirements outlined for the sale of City real property to a municipal corporation whose boundaries are coextensive with or partially within and partially without the corporate limits of the City per Section 1-17-5 of the City Code. Approval by a two-thirds (⅔) majority of the Councilmembers are required. ETHS students and staff are constructing a single-family home in the Geometry In Construction program during the 2022-2023 school year that will be moved to 1739 Brown Avenue in the summer of 2023, where interior construction will be completed by licensed contractors. Community Partners for Affordable Housing (“CPAH”) will enter the property into its land trust in order to maintain permanent affordability and then sell the home to an income -eligible A14.Page 362 of 642 household per the IGA. Income-eligible employees of Evanston Township High School and the City of Evanston may be prioritized for the purchase of the property. The 1319 McDaniel Avenue property will be the site for the 2023 -2024 GIC house project and potentially for the 2024-2025 year as well. This lot is 8,500 square feet, significantly larger than 1739 Brown Avenue, which is 3,000 square feet, and may be developed with two dwelling units, a primary home with an ADU, or subdivided into two nonconforming lots, each with an Efficiency home per Section 6-8-1-14 of the City Code. This would introduce a new, smaller home to the GIC program and provide Missing Middle ownership options for smaller families, and make efficient use of land to expand the number of affordable homes by entering both in the land trust to maintain affordability in perpetuity. Legislative History: The City of Evanston and ETHS entered into a five-year Intergovernmental Agreement for Affordable Housing in 2018. Ordinance 28-O-23 was introduced at the March 13, 2023, City Council meeting. Attachments: 28-O-23 Authorizing Sale of 1739 Brown and 1319 McDaniel to ETHS 28-O-23 Exhibit B 1739 BROWN PURCHASE AND SALE AGREEMENT 28-O-23 Exhibit B 1319 MCDANIEL PURCHASE AND SALE AGREEMENT Page 2 of 27 A14.Page 363 of 642 3/13/2023 28-O-23 AN ORDINANCE Authorizing the City Manager to Execute a Sale Contract for City Owned Real Property located at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School District No. 202 WHEREAS, the City of Evanston owns real property located at 1739 Brown Avenue and 1319 McDaniel Avenue, Evanston, Illinois, 60201 and legally described in Exhibit A, attached hereto and incorporated herein by reference (the “Subject Properties”), which currently have no use; and WHEREAS, the City acquired the Subject Properties to implement the Intergovernmental Agreement for Affordable Housing Agreement (“Agreement”) dated February 11, 2018 by and between the City and Evanston Township High School District No. 202 (ETHS); and WHEREAS, ETHS will construct homes through the Geometry in the Classroom program and the home will be relocated to the Subject Properties; and WHEREAS, the City Council of the City of Evanston has determined that ownership of the aforesaid Subject Properties is no longer necessary, appropriate, required, convenient, profitable, or in the best interests of the City of Evanston and seeks to sell the Subject Properties to ETHS to further implement terms of the Agreement for affordable housing; and WHEREAS, the City Manager recommends that the City Council hereby approve the sale of the Subject Properties, with the City as Seller and ETHS as Buyer; and Page 3 of 27 A14.Page 364 of 642 28-O-23 ~2~ WHEREAS, the City Council hereby finds and determines that the best interests of the City of Evanston and its residents will be served by conveying the Subject Properties pursuant to Section 1-17-5 of the City Code, on terms consistent with the Sale Agreements for Real Estate, attached hereto as Exhibit B and incorporated herein by reference (hereinafter, the “Agreements”), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council of the City of Evanston hereby approves the sale of the Subject Properties with the City as Seller and ETHS as Buyer. SECTION 3: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, the Agreement s, pursuant to the terms of which the Subject Properties shall be conveyed. The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Subject Properties as the City Manager may deem fit and proper. SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest, and deliver such other documents, agreements, and certificates as may be necessary to effectuate the sale herein authorized. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 4 of 27 A14.Page 365 of 642 28-O-23 ~3~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, su ch invalidity shall not affect other provisions or applications hereof that can be given effect without the invalid provision or application, and each invalid application hereof is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2023 Adopted:___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 5 of 27 A14.Page 366 of 642 28-O-23 ~4~ EXHIBIT A LEGAL DESCRIPTION ALL OF LOT 36 IN BLOCK 1 OF J.S. HOVLAND’S EVANSTON SUBDIVISION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 1739 Brown Avenue, Evanston, IL 60201 PIN: 10-13-119-026-0000 LOT 15 IN BLOCK 9 IN FLOWER AND MCDANIEL’S SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND 33 FEET WEST OF AND ADJOINING THE CENTER OF MCDANIEL AVENUE, IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 1319 McDaniel Avenue, Evanston, Illinois 60201 PIN: 10-13-319-008-0000 Page 6 of 27 A14.Page 367 of 642 28-O-23 ~5~ EXHIBIT B Sale Agreement of Real Estate Page 7 of 27 A14.Page 368 of 642 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”)is made as of the date the last party signs this Agreement (the “Effective Date”),and is by and between the City of Evanston,an Illinois home rule unit of government located in Cook County,Illinois (“Seller”), and Board of Education of Evanston Township High School District No.202,Cook County, Illinois (“Purchaser”). WITNESSETH: WHEREAS,Seller is the owner of that certain property commonly known as 1739 Brown Avenue,Evanston,Illinois and more particularly described on Exhibit 1 attached hereto and made a part hereof (the “Property”); and WHEREAS, the Seller desires to convey the Property to Purchaser, NOW,THEREFORE,for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth,the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1.Agreement to Purchase.Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser,or its designee,by Special Warranty Deed (the “Deed”),good and merchantable title to the Property at the price and subject to the terms, conditions and provisions set forth in this Agreement.The Deed shall be substantially in the form attached hereto as Exhibit 2. 2.Purchase Price.Purchaser agrees to pay and Seller agrees to accept as the purchase price the sum of $1.00 (“Purchase Price”) payable at closing. 3.Survey.Seller will not be providing a survey and the Purchaser may obtain one at its own cost and expense. 4.Taxes. (a)Taxes for Years Prior to Closing. Seller will pay in full all general real property taxes that are levied with respect to the Property for tax years prior to the year of closing. (b)Tax Challenges.If any tax challenge is ongoing with respect to the Property for general real estate taxes levied for any tax years prior to the year of Closing (defined in Section 7(a)of this Agreement),Seller will receive the full benefit of any refund arising out of such tax challenge.If any tax challenge commenced by Seller results in a reduction in taxes for the general real estate taxes levied for the year of Closing,the parties shall re-prorate taxes for the year of Closing upon receipt of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing. Page 8 of 27 A14.Page 369 of 642 (c)Taxes for Current Year of Closing. All general real property taxes that are levied with respect to the Property for the year of Closing will be prorated at the rate of 105%between Purchaser and Seller as of the business day immediately prior to the Closing.If the precise amount of taxes levied for the year of Closing cannot be determined,then the proration shall be computed based on the lesser of (i)the taxes on the Property levied for the immediately preceding tax year;or (ii)an amount equal to the taxable valuation,if available,of the Property in the year of Closing multiplied by the prior tax year ’s total tax rate. 5.Title Policy. (a)At Purchaser’s expense,Purchaser shall obtain a title commitment (the “Commitment”)with respect to the Property.The Commitment shall establish that the Property is clear of all liens and encumbrances whatsoever,except for general real estate taxes not due and payable,covenants,conditions,restrictions and other matters of record.If the Commitment discloses unpermitted exceptions,Seller may elect,within 30 days after the date of delivery thereof,to have such exceptions removed from the Commitment or to have the title insurance company commit to insure against loss or damage that may be occasioned by such exceptions.If at the end of said 30-day period Seller fails to have the unpermitted exceptions removed or insured against,Purchaser may elect,upon notice to Seller within ten days after expiration of the 30-day period,to accept title as it then is.If Purchaser does not elect to accept title as it then is, Purchaser shall have the right to terminate this Agreement and will have no obligation to acquire the Property. (b)Purchaser shall,at Purchaser’s expense,obtain a title insurance policy by Chicago Title Insurance Company through its agent,Greater Illinois Title Company,or another title company acceptable to Purchaser (“Title Insurer”),dated as of the date Closing (defined in Section 7(a)of this Agreement)in a nominal amount with extended coverage over the general exceptions,free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable,covenants,conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c)The title commitment shall be conclusive evidence of good and merchantable title as to all matters insured by the policy,subject only to the exceptions contained in the title commitment.Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 6.Representations. (a)Seller’s Representations. As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: Page 9 of 27 A14.Page 370 of 642 (i)Seller has the right,power and authority to sell the Property,subject to the terms and conditions provided for in this Agreement,and to execute,deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the sale of the Property.This Agreement and all other documents executed and delivered,or to be executed and delivered by Seller regarding this Agreement have been,or at the appropriate time will be,duly executed and delivered and constitute or,upon such execution and delivery will constitute,the legal,valid and binding obligations of Seller,enforceable in accordance with the respective terms and provisions.No consent or approval of any person,firm,corporation or governmental authority is required to be obtained by Seller to enter into this Agreement. (ii)To the best of Seller ’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. (iii)Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b)Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i)Purchaser has the right,power and authority to purchase the Property, subject to the terms and conditions provided for in the Agreement,and to execute, deliver and perform its obligations under this Agreement and all other instruments,conveyances and documents to be executed and delivered regarding the purchase of the Property.This Agreement and all other documents executed and delivered,or to be executed and delivered by Purchaser regarding this Agreement have been,or at the appropriate time will be,duly executed and delivered and constitute or,upon such execution and delivery will constitute,the legal,valid and binding obligations of Purchaser,enforceable in accordance with the respective terms and provisions.No consent or approval of any person,firm, corporation or governmental authority is required to be obtained by Purchaser for Purchaser to enter into this Agreement. 7.Closing of Sale. (a)The Closing (“Closing”) shall take place on or before 90 days after the execution of this Agreement or such other date mutually agreeable to the parties. Page 10 of 27 A14.Page 371 of 642 (b)At Closing, each party shall, without further consideration, execute and deliver such additional instruments as may be reasonably requested by the other party to complete and effectuate the transfer of title and ownership of the Property,provided that such additional instruments (other than those specifically provided for in this Agreement,and customary Closing documents)shall not impose cost or liability on any party.This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer,the costs of which escrow shall be paid by Purchaser.Seller shall pay any State, County or other transfer tax imposed by local ordinance. 8.“As Is”Sale.Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property.SUBJECT ONLY TO THE TERMS OF SECTION 5(a)AND IF PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS”“WHERE IS”AND “WITH ALL FAULTS”CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,EXPRESS OR IMPLIED,FROM SELLER OR ITS AGENTS OR BROKERS,OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER,AS TO ANY MATTERS CONCERNING THE PROPERTY,INCLUDING WITHOUT LIMITATION:(i)the quality,nature,adequacy and physical condition and aspects of the Property,(ii)the quality,nature,adequacy,and physical condition of soils,geology and any groundwater,(iii)the existence,quality,nature,adequacy and physical condition of utilities serving the Property,(iv)the development potential of the Property,and the Property’s use, habitability,merchantability,fitness,suitability,value or adequacy of the Property for any particular purpose,(v)the zoning or other legal status of the Property or any other public or private restrictions on use of the Property,(vi)the compliance of the Property or its operation with any applicable codes,laws,regulations,statutes,ordinances,covenants,conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii)the condition of title to the Property (except the deed warranties),or (viii)any other fact or condition which may affect the Property,including without limitation,the physical condition, value, economics of operation or income potential of the Property. 9.Brokerage.Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent regarding this Agreement and the subject matter hereof,and each party agrees to pay,and hold harmless and indemnify the other from and against,all costs, expenses or liabilities for compensation,commissions and other amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10.Indemnification.Purchaser shall indemnify,defend and hold Seller harmless from and against any and all losses,claims,actions,liabilities,damages,liens,costs and expenses, including reasonable attorneys’fees,incurred by Seller (or its agents,consultants or affiliates) arising out of or related to (i)any activities upon the Property by Purchaser,its agents, Page 11 of 27 A14.Page 372 of 642 contractors and employees,or (ii)the failure by Purchaser to observe or perform any of its covenants,representations or obligations under this Contract.This Section 10 shall survive the Closing or termination of this Contract. 11.Miscellaneous. (a)This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b)This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. (c)This Agreement (i)contains the entire understanding between the parties regarding the sale and purchase of the Property;and (ii)may be altered or amended from time to time only by written instrument executed by both parties hereto. (d)This Agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to conflict of law principles. Jurisdiction and venue for all disputes shall be the Circuit Court located in Cook County, Illinois, or the federal district court for the Northern District of Illinois. (e)The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] Page 12 of 27 A14.Page 373 of 642 IN WITNESS WHEREOF,the parties have executed this Agreement this day and year first written above. SELLER: CITY OF EVANSTON, A Home Rule unit of government By:________________________________ Print Name: Luke Stowe Its: City Manager PURCHASER: BOARD OF EDUCATION OF EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202 An Illinois high school district By: _________________________________ Print Name: Its: Superintendent Page 13 of 27 A14.Page 374 of 642 Exhibit 1 LEGAL DESCRIPTION ALL OF LOT 36 IN BLOCK 1 OF J.S. HOVLAND’S EVANSTON SUBDIVISION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 1739 Brown Avenue, Evanston, IL 60201 PIN: 10-13-119-026-0000 Page 14 of 27 A14.Page 375 of 642 EXHIBIT 2 After recording return to: Board of Education of ETHS District No. 202 1600 Dodge Avenue Evanston, IL 60201 SPECIAL WARRANTY DEED City of Evanston,an Illinois municipal corporation ("Grantor")having an address of 2100 Ridge Avenue,Evanston,IL 60201,for and in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable considerations in hand paid,the receipt and sufficiency of which are hereby acknowledged,by these presents does grant,convey,bargain,and warrant to Board of Education of Evanston Township High School District No.202,Cook County,Illinois ("Grantee")having an address of 1600 Dodge Avenue,Evanston,Illinois,all the following real property situated in the County of Cook, in the State of Illinois (“Property”), to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Grantor covenants as follows: 1.The real property is free from all encumbrances made by Grantor. 2.Grantor will warrant and defend the real property hereby conveyed against all lawful claims and demands of persons claiming by,through or under Grantor,but against no other person. Permanent Real Estate Index Number:10-13-119-026-0000 Address of Real Estate: 1739 Brown Avenue., Evanston, IL 60201 In Witness Whereof, said Grantor has executed this instrument as of ___________, 20123. CITY OF EVANSTON By:___________________________ City Manager Page 15 of 27 A14.Page 376 of 642 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned,an Illinois notary public,does hereby certify that _______________________, personally known to me to be the ___________________of Grantor,and personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me in the County stated above this day in person and severally acknowledged that as such __________________,he/she signed and delivered the said instrument,and as his/her free and voluntary act for the uses and purposes set forth therein. Given under my hand and notarial seal this _____ day of ______________, 2023. Notary Public SEND SUBSEQUENT TAX BILLS TO: Board of Education of Evanston Township High School District No. 202 1600 Dodge Avenue Evanston, Illinois 60201 Page 16 of 27 A14.Page 377 of 642 EXHIBIT A LEGAL DESCRIPTION ALL OF LOT 36 IN BLOCK 1 OF J.S. HOVLAND’S EVANSTON SUBDIVISION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMON ADDRESS: 1739 Brown Avenue, Evanston, IL 60201 PIN: 10-13-119-026-0000 Page 17 of 27 A14.Page 378 of 642 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”)is made as of the date the last party signs this Agreement (the “Effective Date”),and is by and between the City of Evanston,an Illinois home rule unit of government located in Cook County,Illinois (“Seller”), and Board of Education of Evanston Township High School District No.202,Cook County, Illinois (“Purchaser”). WITNESSETH: WHEREAS,Seller is the owner of that certain property commonly known as 1319 McDaniel Avenue,Evanston,Illinois and more particularly described on Exhibit 1 attached hereto and made a part hereof (the “Property”); and WHEREAS, the Seller desires to convey the Property to Purchaser, NOW,THEREFORE,for and in consideration of the promises and of the mutual covenants and agreements hereinafter set forth,the parties agree to the terms of this Agreement, which reads in its entirety as follows: 1.Agreement to Purchase.Purchaser agrees to purchase and Seller agrees to sell and convey or cause to be conveyed to Purchaser,or its designee,by Special Warranty Deed (the “Deed”),good and merchantable title to the Property at the price and subject to the terms, conditions and provisions set forth in this Agreement.The Deed shall be substantially in the form attached hereto as Exhibit 2. 2.Purchase Price.Purchaser agrees to pay and Seller agrees to accept as the purchase price the sum of $1.00 (“Purchase Price”) payable at closing. 3.Survey.Seller will not be providing a survey and the Purchaser may obtain one at its own cost and expense. 4.Taxes. (a)Taxes for Years Prior to Closing. Seller will pay in full all general real property taxes that are levied with respect to the Property for tax years prior to the year of closing. (b)Tax Challenges.If any tax challenge is ongoing with respect to the Property for general real estate taxes levied for any tax years prior to the year of Closing (defined in Section 7(a)of this Agreement),Seller will receive the full benefit of any refund arising out of such tax challenge.If any tax challenge commenced by Seller results in a reduction in taxes for the general real estate taxes levied for the year of Closing,the parties shall re-prorate taxes for the year of Closing upon receipt of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing. Page 18 of 27 A14.Page 379 of 642 (c)Taxes for Current Year of Closing. All general real property taxes that are levied with respect to the Property for the year of Closing will be prorated at the rate of 105% between Purchaser and Seller as of the business day immediately prior to the Closing.If the precise amount of taxes levied for the year of Closing cannot be determined,then the proration shall be computed based on the lesser of (i)the taxes on the Property levied for the immediately preceding tax year;or (ii)an amount equal to the taxable valuation,if available, of the Property in the year of Closing multiplied by the prior tax year’s total tax rate. 5.Title Policy. (a)At Purchaser’s expense,Purchaser shall obtain a title commitment (the “Commitment”)with respect to the Property.The Commitment shall establish that the Property is clear of all liens and encumbrances whatsoever,except for general real estate taxes not due and payable,covenants,conditions,restrictions and other matters of record.If the Commitment discloses unpermitted exceptions,Seller may elect,within 30 days after the date of delivery thereof,to have such exceptions removed from the Commitment or to have the title insurance company commit to insure against loss or damage that may be occasioned by such exceptions.If at the end of said 30-day period Seller fails to have the unpermitted exceptions removed or insured against,Purchaser may elect,upon notice to Seller within ten days after expiration of the 30-day period,to accept title as it then is.If Purchaser does not elect to accept title as it then is, Purchaser shall have the right to terminate this Agreement and will have no obligation to acquire the Property. (b)Purchaser shall,at Purchaser’s expense,obtain a title insurance policy by Chicago Title Insurance Company through its agent,Greater Illinois Title Company,or another title company acceptable to Purchaser (“Title Insurer”),dated as of the date Closing (defined in Section 7(a)of this Agreement)in a nominal amount with extended coverage over the general exceptions,free and clear of all liens and encumbrances whatsoever, except for general real estate taxes not due and payable,covenants,conditions, restrictions and other matters of record shown on the title commitment and those additional matters approved by Purchaser (the “Permitted Exceptions”). (c)The title commitment shall be conclusive evidence of good and merchantable title as to all matters insured by the policy,subject only to the exceptions contained in the title commitment.Seller shall also furnish Purchaser an affidavit of title in customary form covering the date of Closing and showing title in Seller subject only to the Permitted Exceptions. 6.Representations. (a)Seller’s Representations.As an inducement to Purchaser to enter into this Agreement Seller hereby represents to Purchaser and agrees as follows: Page 19 of 27 A14.Page 380 of 642 (i)Seller has the right,power and authority to sell the Property,subject to the terms and conditions provided for in this Agreement,and to execute,deliver and perform its obligations under this Agreement and all other instruments, conveyances and documents to be executed and delivered regarding the sale of the Property.This Agreement and all other documents executed and delivered,or to be executed and delivered by Seller regarding this Agreement have been,or at the appropriate time will be,duly executed and delivered and constitute or,upon such execution and delivery will constitute,the legal,valid and binding obligations of Seller,enforceable in accordance with the respective terms and provisions.No consent or approval of any person,firm,corporation or governmental authority is required to be obtained by Seller to enter into this Agreement. (ii)To the best of Seller ’s knowledge, there exists no action, suit, litigation or proceeding affecting the Property to which Seller is a party, and to the knowledge of Seller, there is no such action, suit, litigation or proceeding threatened. (iii)Seller is not a “foreign person” as defined in Section 1445 of the Internal Revenue Code and is therefore exempt from the withholding requirements of said Section. Seller shall furnish Purchaser at Closing the exemption certification set forth in said Section. (b)Purchaser’s Representations. As an inducement to Seller to enter into this Agreement Purchaser hereby represents to Seller and agrees as follows: (i)Purchaser has the right,power and authority to purchase the Property, subject to the terms and conditions provided for in the Agreement,and to execute, deliver and perform its obligations under this Agreement and all other instruments,conveyances and documents to be executed and delivered regarding the purchase of the Property.This Agreement and all other documents executed and delivered,or to be executed and delivered by Purchaser regarding this Agreement have been,or at the appropriate time will be,duly executed and delivered and constitute or,upon such execution and delivery will constitute,the legal,valid and binding obligations of Purchaser,enforceable in accordance with the respective terms and provisions.No consent or approval of any person,firm, corporation or governmental authority is required to be obtained by Purchaser for Purchaser to enter into this Agreement. 7.Closing of Sale. (a)The Closing (“Closing”) shall take place on or before 90 days after the execution of this Agreement or such other date mutually agreeable to the parties. Page 20 of 27 A14.Page 381 of 642 (b)At Closing,each party shall,without further consideration,execute and deliver such additional instruments as may be reasonably requested by the other party to complete and effectuate the transfer of title and ownership of the Property,provided that such additional instruments (other than those specifically provided for in this Agreement,and customary Closing documents)shall not impose cost or liability on any party.This transaction shall be closed in accordance with the general provisions of the usual form of New York style escrow agreement then in use by the Title Insurer,the costs of which escrow shall be paid by Purchaser.Seller shall pay any State, County or other transfer tax imposed by local ordinance. 8.“As Is”Sale.Purchaser acknowledges that it will have adequate opportunity to inspect the Property and accepts the risk that any inspection may not disclose all material matters affecting the Property.SUBJECT ONLY TO THE TERMS OF SECTION 5(a)AND IF PURCHASER CLOSES THE TRANSACTION CONTEMPLATED HEREUNDER, PURCHASER AGREES TO ACCEPT THE PROPERTY IN ITS “AS IS”“WHERE IS”AND “WITH ALL FAULTS”CONDITION AT CLOSING AND THAT PURCHASER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,EXPRESS OR IMPLIED,FROM SELLER OR ITS AGENTS OR BROKERS,OR ANY OTHER PERSON ACTING OR PURPORTING TO ACT ON BEHALF OF SELLER,AS TO ANY MATTERS CONCERNING THE PROPERTY,INCLUDING WITHOUT LIMITATION:(i)the quality,nature,adequacy and physical condition and aspects of the Property,(ii)the quality,nature,adequacy,and physical condition of soils,geology and any groundwater,(iii)the existence,quality,nature,adequacy and physical condition of utilities serving the Property,(iv)the development potential of the Property,and the Property’s use, habitability,merchantability,fitness,suitability,value or adequacy of the Property for any particular purpose,(v)the zoning or other legal status of the Property or any other public or private restrictions on use of the Property,(vi)the compliance of the Property or its operation with any applicable codes,laws,regulations,statutes,ordinances,covenants,conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity, (vii)the condition of title to the Property (except the deed warranties),or (viii)any other fact or condition which may affect the Property,including without limitation,the physical condition, value, economics of operation or income potential of the Property. 9.Brokerage.Purchaser and Seller each represent and warrant to the other that it has had no dealings with any broker or agent regarding this Agreement and the subject matter hereof,and each party agrees to pay,and hold harmless and indemnify the other from and against,all costs, expenses or liabilities for compensation,commissions and other amounts claimed by any other broker or agent allegedly retained, consulted or employed by such indemnifying party. 10.Indemnification.Purchaser shall indemnify,defend and hold Seller harmless from and against any and all losses,claims,actions,liabilities,damages,liens,costs and expenses, including reasonable attorneys’fees,incurred by Seller (or its agents,consultants or affiliates) arising out of or related to (i)any activities upon the Property by Purchaser,its agents, Page 21 of 27 A14.Page 382 of 642 contractors and employees,or (ii)the failure by Purchaser to observe or perform any of its covenants,representations or obligations under this Contract.This Section 10 shall survive the Closing or termination of this Contract. 11.Miscellaneous. (a)This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and to their respective successors and assigns. (b)This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one instrument. (c)This Agreement (i)contains the entire understanding between the parties regarding the sale and purchase of the Property;and (ii)may be altered or amended from time to time only by written instrument executed by both parties hereto. (d)This Agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to conflict of law principles. Jurisdiction and venue for all disputes shall be the Circuit Court located in Cook County, Illinois, or the federal district court for the Northern District of Illinois. (e)The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Agreement. [Signature Page Follows] Page 22 of 27 A14.Page 383 of 642 IN WITNESS WHEREOF,the parties have executed this Agreement this day and year first written above. SELLER: CITY OF EVANSTON, A Home Rule unit of government By:________________________________ Print Name: Luke Stowe Its: City Manager PURCHASER: BOARD OF EDUCATION OF EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202 An Illinois high school district By: _________________________________ Print Name: Its: Superintendent Page 23 of 27 A14.Page 384 of 642 Exhibit 1 LEGAL DESCRIPTION LOT 15 IN BLOCK 9 IN FLOWER AND MCDANIEL’S SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND 33 FEET WEST OF AND ADJOINING THE CENTER OF MCDANIEL AVENUE,IN COOK COUNTY, ILLINOIS. COMMON ADDRESS:1319 McDaniel Avenue, Evanston, Illinois 60201 PIN: 10-13-319-008-0000 Page 24 of 27 A14.Page 385 of 642 EXHIBIT 2 After recording return to: Board of Education of ETHS District No. 202 1600 Dodge Avenue Evanston, IL 60201 SPECIAL WARRANTY DEED City of Evanston,an Illinois municipal corporation ("Grantor")having an address of 2100 Ridge Avenue,Evanston,IL 60201,for and in consideration of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable considerations in hand paid,the receipt and sufficiency of which are hereby acknowledged,by these presents does grant,convey,bargain,and warrant to Board of Education of Evanston Township High School District No.202,Cook County,Illinois ("Grantee")having an address of 1600 Dodge Avenue,Evanston,Illinois,all the following real property situated in the County of Cook, in the State of Illinois (“Property”), to wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Grantor covenants as follows: 1.The real property is free from all encumbrances made by Grantor. 2.Grantor will warrant and defend the real property hereby conveyed against all lawful claims and demands of persons claiming by,through or under Grantor,but against no other person. Permanent Real Estate Index Number:10-13-319-008-0000 Address of Real Estate: 1319 McDaniel Avenue., Evanston, IL 60201 In Witness Whereof, said Grantor has executed this instrument as of ___________, 20123. CITY OF EVANSTON By:___________________________ City Manager Page 25 of 27 A14.Page 386 of 642 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned,an Illinois notary public,does hereby certify that _______________________, personally known to me to be the ___________________of Grantor,and personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me in the County stated above this day in person and severally acknowledged that as such __________________,he/she signed and delivered the said instrument,and as his/her free and voluntary act for the uses and purposes set forth therein. Given under my hand and notarial seal this _____ day of ______________, 2023. Notary Public SEND SUBSEQUENT TAX BILLS TO: Board of Education of Evanston Township High School District No. 202 1600 Dodge Avenue Evanston, Illinois 60201 Page 26 of 27 A14.Page 387 of 642 EXHIBIT A LEGAL DESCRIPTION LOT 15 IN BLOCK 9 IN FLOWER AND MCDANIEL’S SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND 33 FEET WEST OF AND ADJOINING THE CENTER OF MCDANIEL AVENUE,IN COOK COUNTY, ILLINOIS. COMMON ADDRESS:1319 McDaniel Avenue, Evanston, Illinois 60201 PIN: 10-13-319-008-0000 Page 27 of 27 A14.Page 388 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Christopher Venatta, Senior Project Manager CC: Edgar Cano, Public Works Agency Director; Lara Biggs, City Engineer Subject: Ordinance 32-O-23, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529 Date: March 27, 2023 Recommended Action: Staff recommends City Council adoption of Ordinance 32-O-23, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529. Funding Source: Funding will be from the Special Assessment Fund (Account 420.40.6000.65515 – 423001), which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000, and from the 2023 General Obligation Bonds (Account 415.40.4123.65515 – 423001), which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000. CARP: Transportation & Mobility Council Action: For Action Summary: The alley paving project was initiated by a petition from the property owners adjacent to this alley. The petition contained signatures of 52.78% of the abutting property owners showing support for the project. The petition was accepted by the Board of Local Improvements (BLI) on March 9, 2022. City staff then proceeded with the design of the alley paving project. A public hearing for the project was held on February 28, 2023, to share the project design and to receive public comments. At the public hearing, there was no change in votes from the original petition, and the support for the project remained at 52.78%. The BLI voted to recommend to the City Council that the alley be paved through the special assessment process. A15.Page 389 of 642 The 2023 Special Assessment fund has a budget allocation of $375,000 for this special assessment alley improvement, and the 2023 GO Bond Fund has a budget allocation of $375,000. The total estimated construction cost for this alley is $664,018.00. The total project cost, including 4.5% for engineering and 4.5% for legal expenses, is $723,779.62. The cost per unit for each property owner is $9,475.32. The property owners will reimburse the City for their share of the project cost in one lump-sum payment or in installments for up to 10 years plus 3.80% simple interest. Legislative History: Ordinance 32-O-23 was introduced at the March 13, 2023 City Council meeting. Attachments: Ordinance 32-O-23 Page 2 of 16 A15.Page 390 of 642 3/13/2023 32-O -23 AN ORDINANCE To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529 BE IT ORDAINED BY TH E CITY COUNCIL OF TH E CITY OF EVANSTON, ILLINOIS: SECTION 1: A local improvement shall be made within the City of Evanston, County of Cook, and State of Illinois, the nature, character, locality and description of which is as follows, to-wit: That the unimproved public alley in the block bounded by Isabella Street on the north, Chancellor Street on the south, Asbury Avenue on the west, and B ryant Avenue on the east, in the City of Evanston, be improved by excavating, constructing the necessary drainage system and paving with 8" Portland Cement Concrete Pavement, to a width of sixteen feet (16’), South East-West leg to a width of fourteen feet (14’) and North East-West leg to a width of fifteen feet (15’). SECTION 2: The Recommendation (Exhibit A) of the Board of Local Improvements of the City of Evanston, Illinois, of this Ordinance, and the Estimate of the Cost (Exhibit B) of said improvement made by the Engineer of said Board, both attached hereto, be and the same are hereby approved and by reference thereto made a part hereof. SECTION 3: Said improvement shall be made and the cost thereof, including the sum of Seven Hundred Twenty Three Thousand Seven Hundred Seventy Nine and 62/100 Dollars ($723,779.62), being the cost of making and collecting the Assessment and all other expenses as pr ovided by law, shall be paid for by Special Page 3 of 16 A15.Page 391 of 642 32-O-23 ~2~ Assessment in accordance with the Illinois Municipal Code, Chapter 65, Section 5/9-2-1, et seq. SECTION 4: Three Hundred Sixty One Thousand Eight Hundred Eighty Nine and 81/100 Dollars ($361,889.81) of the cost of said improvement shall be allocated by the City; and the remainder of the cost, Three Hundred Sixty One Thousand Eight Hundred Eighty Nine and 81/100 Dollars ($361,889.81) will be allocated as private benefit. SECTION 5: The aggregate amount to be assessed and each individual assessment shall be divided into ten (10) installments in the manner provided by law, and each of said installment shall bear interest at the rate of Three and 80/100 percent (3.80%) per annum from sixty (60) days after the date of the first voucher issued on account of work done upon said proposed improvement. SECTION 6: That, for the purpose of anticipating the collection of the installments of said assessment levied against the real estate benefi ted thereby, general obligation bonds have been issued, up to Three Hundred Sixty One Thousand Eight Hundred Eighty Nine and 81/100 Dollars ($361,889.81) of which are payable by the City, homeowners pay up to Three Hundred Sixty One Thousand Eight Hundred Eighty Nine and 81/100 Dollars ($361,889.81) of which are payable out of said installments, bearing interest at the rate of Three and 80/100 percent (3.80%) per annum, payable annually and signed on behalf of the City of Evanston, Illinois, by its Mayor and attested by its City Clerk and its corporate seal affixed thereto; and each interest coupon attached to said bonds shall likewise be executed by and shall bear the official or facsimile signature of the same officers who signed said bonds and who, if Page 4 of 16 A15.Page 392 of 642 32-O-23 ~3~ fac simile signatures are used, do adopt by their execution of said bonds as and for their proper signatures their respective facsimile signatures appearing on said coupons; and that said bonds shall be issued in accordance with and shall be in all respects co nform to the provisions of an Act of the General Assembly of the State of Illinois, knows as the “Illinois Municipal Code,” effective July 1, 1961, and the Amendments thereto. SECTION 7: That Edgar Cano, President of the Board of Local Improvements of the City of Evanston, Illinois, be and he is hereby directed to file a Petition in the Circuit Court of Cook County, Illinois, praying that steps may be taken to levy a Special Assessment to pay the cost of said improvement in accordance with the provisions of this ordinance and in the manner prescribed by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this ordinance is severable. SECTION 10: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Page 5 of 16 A15.Page 393 of 642 32-O-23 ~4~ In troduced:_________________, 2023 Adopted:___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss , Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 6 of 16 A15.Page 394 of 642 32-O-23 ~5~ Exhibit A Recommendation Page 7 of 16 A15.Page 395 of 642 Page 8 of 16A15.Page 396 of 642 32-O-23 ~6~ Exhibit B Estimate Page 9 of 16 A15.Page 397 of 642 Page 10 of 16A15.Page 398 of 642 Page 11 of 16A15.Page 399 of 642 Page 12 of 16A15.Page 400 of 642 Page 13 of 16A15.Page 401 of 642 Page 14 of 16A15.Page 402 of 642 Page 15 of 16A15.Page 403 of 642 Page 16 of 16A15.Page 404 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Melissa Klotz, Zoning Administrator CC: Elizabeth Williams, Planning Manager; Sarah Flax, Interim Community Development Director Subject: Ordinance 33-O-23, Special Use for an Apartment Hotel in the R6 District at 1555 Oak Avenue, the Museum Residences on Oak (formerly King Home) Date: March 27, 2023 Recommended Action: The Land Use Commission recommends the adoption of Ordinance 33-O-23, a Special Use for an Apartment Hotel in the R6 General Residential District at 1555 Oak Avenue, commonly known as the Museum Residences on Oak (formerly King Home). The proposed special use meets the Standards for Approval for special uses. CARP: N/A Council Action: For Introduction Summary: Property History: The property most recently operated as a retirement home/assisted living facility operated by Presbyterian Homes. The current owner purchased the property in 2017 and subsequently followed the substitution of the special use process to roll over and gain approval of the existing special use (Ordinance 59-O-91) for a Retirement Home, which included independent living, assisted living, and memory care. The owner obtained state licensing approval as well but then did not open to residents due to the pandemic, so the special use lapsed. In 2021, the property owner requested a special use for a Cultural Facility to add a small addition to the building and remodel a small portion of the interior to become a Museum Annex for the Museum of Time and Glass across the street at 1560 Oak Avenue under the same ownership. The special use was recommended for approval with conditions by the Zoning Board of Appeals, but the proposal did not move forward to City Council for a final determination at the request of the P1.Page 405 of 642 Applicant. The building has sat vacant since 2017 while also incurring or generating nearly $280,000 in property tax for the last tax year. The property includes a substantially landscaped courtyard area, a paved and striped parking lot for 66 vehicles with spaces dedicated to the on -site structure/use, and an un-striped, unpaved gravel/dirt parking area for off-site parking for surrounding uses and businesses that are leased out by the property owner. The building currently features 67 units that contain bathrooms and kitchenettes without stoves or ovens, two fully equipped restaurants, two large meeting/conference rooms, an exercise facility, a beauty/barber shop, a massage spa, a library, bar area, and space for a sundry store. Special Use Analysis: The Applicant seeks special use approval for an Apartment Hotel with 67 dwelling units for up to 100% transient use in the R6 General Residential District. The Zoning Ordinance includes the following pertinent definitions: Apartment Hotel - A hotel with dwelling units in which all accommodations are provided in dwelling units and in which at least twenty-five percent (25%) of the guestrooms are for occupancy by transient guests. An apartment hotel may have a dining room open to the public that is accessible only from an inner lobby or corridor. Dwelling Unit – A room or group of contiguous rooms that include facilities used or intended to be used for living, sleeping, cooking, and eating and that are arranged, designed, or intended for use exclusively as living quarters. Transient Guest - A guest who does not have a lease and occupies an apartment, lodging room, or other living quarters on a daily or weekly basis. Permanent Guest - A person who occupies or has the right to occupy a residential accommodation for a period of thirty (30) days or more. Hotel - A building in which lodging is offered with or without meals principally to transient guests and that provides a common entrance, lobby, halls, and stairways. All 67 units will have stoves added to the kitchenettes that already feature a sink, refrigerator, and cabinets and will then be considered full dwelling units. The parking requirement, inclusionary housing requirement, hotel tax, and possibly zo ning use hinge on the amount of transient vs. permanent guests at the upgraded 67 -dwelling unit facility and policy interpretations on which regulations apply. At this time, the Applicant is negotiating with major hotel distributor Wyndham Hotels to operate the facility, so it is likely the entire facility will be subject to the hotel tax. The definition of an Apartment Hotel includes a minimum of 25% of guestrooms for transient guests. The definition does not include a maximum allowed percentage of transi ent guests. However, if the principal use is for transient guests, the use may better fit the definition of Hotel (which is not an eligible use in the R6 District) and may not meet the first Standard in the special use Standards for Approval (see below). A condition to require specific percentages of transient Page 2 of 20 P1.Page 406 of 642 vs. permanent guests could be established in the special use to find the first Standard met for an Apartment Hotel use. The Zoning Ordinance generally does not apply new parking requirements to exist ing buildings (only to additions or new buildings), but if the parking requirement did apply, the property does comply by utilizing the 46 paved and striped parking spaces (including 2 ADA spaces) for the Apartment Hotel. The 66 parking spaces that are loc ated on the dirt/gravel lot are leased as follows: YMCA (47), Bennison’s Bakery (6), Porter Law Firm (3), Flowers & Flowers (3), Other (2). While the dirt/gravel lot is legally nonconforming for its surface material, it is in need of improvement and is not an appropriate material for a surface parking lot. Upgrading the parking surface to a hard material will trigger stormwater detention, so the cost may be significant. The Land Use Commission recommended a condition that the unpaved parking area is paved w ith permeable pavers within one year of the special use approval. The Applicant understands this condition and the likely-triggered stormwater detention. The property is not achieving its highest and best use while sitting vacant. Different housing types are greatly needed throughout Evanston. Although the Apartment Hotel use is not a common housing type today, it may be appropriate at 1555 Oak Avenue as a special use with conditions. An Apartment Hotel is subject to the Shared Housing Provider license and Operations Agreement that was recently updated by the City Council. Legislative History: November 15, 2022, DAPR - Staff reviewed the application and noted the following: • Additional dumpsters may be needed • A snow plowing plan should be established for the parking lot • Ideally, the dirt/gravel portion of the parking lot should be improved and paved January 11, 2023, LUC - The Land Use Commission discussed whether the proposed operations fit the definition of Apartment Hotel or another zoning use. Commissioners generally agreed that the use as proposed is appropriate for the location. Commissioners recommended 3-2 for approval with conditions with dissenting votes finding the proposed use is not an Apartment Hotel. Conditions (recommended by LUC): 1. The applicant paves the unimproved parking lot with permeable pavers within one year of approval of the Special Use Permit. 2. The Special Use Permit is in general compliance with the application and testimony provided. Additional conditions listed within Ordinance 33-O-23: 1. The Applicant must record the Special Use Permit with the Cook County Recorder of Deeds. 2. A Shared Housing License must be obtained pursuant to Evanston City Code 5 -2- 3. Land Use Commission Packet (p.18) Page 3 of 20 P1.Page 407 of 642 Attachments: Ordinance 33-O-23 Granting a Special Use to 1555 Oak Avenue for an Apartment Hotel Land Use Commission Approved Meeting Minutes - January 11, 2023 Page 4 of 20 P1.Page 408 of 642 03/13/2023 33-O-23 AN ORDINANCE Granting a Special Use Permit for an Apartment Hotel located at 1555 Oak Avenue, in the R6 Residential District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11 -13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, Cameel Halim, property owner of the Museum Residences on Oak and/or the King Home, “the Applicant”, requests approval of a Special Use Permit Page 5 of 20 P1.Page 409 of 642 33-O-23 ~2~ for an Apartment Hotel in the R6 Residential District, located at the property commonly known as 1555 Oak Avenue, legally descripted and attached by reference herein as Exhibit A, and located in the R6 Residential District; and, WHEREAS, pursuant to Subsection 6-8-8-3, an Apartment Hotel is an allowed Special Use in the R6 Residential District; and WHEREAS, following due and proper publication of notice in Pioneer North, a suburban publication of the Evanston Review, not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notice to all property owners within 500 feet of the Subject Property, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission conducted a public hearing on January 11, 2023, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for a Special Use Permit for a rooming house, filed as zoning case no. 22ZMJV-0085; and WHEREAS, the Land Use Commission received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance, and by a vote of three (3) “yays” and two (2) “nays” with four (4) Commissioners absent, recommended City Council approval with conditions of the application for Special Use Permit for a rooming house with the below findings incorporated into the record: 1. Is one of the listed special uses for the zoning district in which the property Lies: The Apartment Hotel definition is listed as an eligible special use in the R6 General Residential District so this standard is met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: The property has been vacant for a period of time and the adaptive reuse preserves the building meeting the standard. Page 6 of 20 P1.Page 410 of 642 33-O-23 ~3~ 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: The proposed building reuse will bring downtown activity and so the standard is met. 4. Does not interfere with or diminish the value of the property in the Neighborhood: The property is now vacant property so the reuse will increase value and therefore the standard is met. 5. Is adequately served by public facilities and services: The building is near public transportation and is already served by public facilities, so the standard is met. 6. Does not cause undue traffic congestion: With the parking provided, the incremental traffic would not have a negative effect downtown and so the standard is met. 7. Preserves significant historical and architectural resources: The property preserves a mid-century non-historic building, and thus the standard is met. 8. Preserves significant natural and environmental resources: The lot has open space which is being preserved and so the standard is met. 9. Complies with all other applicable regulations: The applicant had proved to be familiar with Evanston regulations and so the standard is met. WHEREAS, on March 27, 2023, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provision of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered the findings and recommendation for approval with conditions of the Land use Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on March 27, 2023 and April 10, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124). Page 7 of 20 P1.Page 411 of 642 33-O-23 ~4~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit, as applied for in zoning case no. 22ZMJV-0085, to allow the operation of one (1) Apartment Hotel. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being a Special Use Permit for an Apartment Hotel as requested under zoning case no. 22ZMJV-0085, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. The Applicant paves the unimproved parking lot with permeable pavers within one year of approval of the Special Use Permit. 2. The Applicant shall substantially comply with the documents and testimony given by the Applicant on the Record. 3. The Applicant must record the Special Use Permit with the Cook County Recorder of Deeds. 4. A Shared Housing License must be obtained pursuant to Evanston City Code 5-2-3. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Page 8 of 20 P1.Page 412 of 642 33-O-23 ~5~ SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 9 of 20 P1.Page 413 of 642 33-O-23 ~6~ EXHIBIT A LEGAL DESCRIPTION PARCEL 1: LOTS 7, 8, AND 9 IN BLOCK 62 IN EVANSTON SUBDIVISION IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PARCEL 2: ALL OF THE SUBDIVITED LOTS 1, 2 AND 5, TOGETHER WITH THE WEST 15 FEET OF SUBLOT 3 IN A.J. BROWN’S SUBDIVISION OF LOTS 10, 11, AND 12 IN BLOCK 62 IN VILLAGE (NOW CITY) OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED JUNE 18, 1885 AS DOCUMENT 633441 IN BOCK 20, PAGE 33. PARCEL 3: LOT 1 OF DIAMANTES’ CONSOLIDATION OF LOT 4 AND EAST 100 FEET OF LOT 3 IN A.J. BROWN’S SUBDIVIISON OF LOTS 10, 11, AND 12 IN BLOCK 62 IN VILLAGE (NOW CITY) OF EVANSTON, IN WEST ½ OF SOUTHWEST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE PRICIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINS: 11-18-309-018-0000 11-18-309-019-0000 11-18-309-020-0000 11-18-309-024-0000 11-18-309-029-0000 Page 10 of 20 P1.Page 414 of 642 APPROVED MEETING MINUTES LAND USE COMMISSION Wednesday, January 11, 2023 7:00 PM Lorraine H. Morton Civic Center, 2100 Ridge Avenue, James C. Lytle City Council Chambers Members Present: Myrna Arevalo, George Halik, Jeanne Lindwall, Kristine Westerberg, and Matt Rodgers Members Absent:Brian Johnson, John Hewko, Kiril Mirintchev, and Max Puchtel Staff Present:Neighborhood and Land Use Planner, Meagan Jones, Assistant City Attorney, Alex Ruggie, Planning Manager Liz Williams, Zoning Administrator Melissa Klotz, Michael Griffith, Planner, and Sarah Flax, Interim Director of Community Development Presiding Member: Matt Rodgers _____________________________________________________________________ Call to Order Chair Rodgers opened the meeting at 7:02pm.A roll call was then done and a quorum was determined to be present. Commissioner Halik made a motion to move Agenda Items III,Election of Officers and IV,Approval of 2023 Meeting Schedule to after New Business and before Communications.Seconded by Commissioner Lindwall.A voice vote was taken,and the motion passed, 5-0. Approval of November 30, 2022 Meeting Minutes Commissioner Westerberg made a motion to approve the Land Use Commission meeting minutes from November 30, 2022, with the following amendments: 1.Page 8, third full paragraph, replace “increased” with “ceased”; and 2.Page 2,paragraph starting with Sue Loellbach,Connections Manager of Advocacy,should add that it was discussed that the Good Neighbor Agreement is not going to be done until after the permit was granted. Seconded by Commissioner Lindwall.A voice vote was taken,and the motion passed, 5-0. New Business A.Public Hearing: Special Use Permit | 1555 Oak Avenue | 22ZMJV-0085 Cameel Halim,property owner,requests a Special Use Permit for an Apartment Hotel at 1555 Oak Avenue,commonly known as the Museum Residences on Oak Page 1 of 10 January 11, 2023 Land Use Commission Meeting Page 11 of 20 P1.Page 415 of 642 APPROVED or the King Home,in the R6 General Residential District (Section 6-8-8-3).The Land Use Commission makes a recommendation to the City Council,the determining body for this case in accordance with Section 6-3-5-8 and Ordinance 92-O-21. Alan M.Didesch,General Counsel to BCH 1555 LLC,introduced William Ng of William NG Architects and presented an overview of the proposed Apartment Hotel and his interpretation of how it complies with City Standards for Approval. Commissioner Questions Commissioner Halik asked staff if there was a maximum number of transient units since there is a minimum of twenty-five percent.Ms.Klotz responded that the Zoning Code definition does not include a maximum.Commissioner Westerberg asked whether it would be a Hotel or an Apartment Hotel if there were 100%transient guests.Ms.Klotz noted that it could be either.Discussion ensued regarding the zoning ordinance definition and the primary use of the property. Commissioner Lindwall asked how the accessory property facilities (restaurant, barbershop,massage spa,etc.)would be used and who was going to operate them. Mr.Didesch responded that BCH 1555 LLC would hire for the positions and the implementation phasing has not yet been determined. Commissioner Westerberg asked whether they could use permeable pavers for the parking lot. Mr. Didesch responded that BCH 1555 LLC may consider it. Chair Rodgers called for public comment. There was none. The record was then closed. Deliberations Commissioner Lindwall remarked that transient hotel guests could provide additional city revenue that a permanent apartment building would not. Commissioner Halik said that he thinks the proposal meets the Zoning Code definition. Commissioner Westerberg noted that it may enhance and differentiate the Apartment Hotel Zoning Code definition by adding a maximum number of transient guests.Chair Rodgers stated that he also thinks it is a good project,but the Zoning Code definitions should be improved. The Chair reviewed the nine Standards for Special Use (Section 6-3-5-10). 1.Is one of the listed special uses for the zoning district in which the property lies: The Apartment Hotel definition is listed as an eligible special use in the R6 Page 2 of 10 January 11, 2023 Land Use Commission Meeting Page 12 of 20 P1.Page 416 of 642 APPROVED General Residential District and this project could also be interpreted as a Hotel implying that the Zoning Code Apartment Hotel definition should be clarified. 2.Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance:The property has been vacant for a period and the adaptive reuse preserves the building meeting the standard. 3.Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use:The proposed building reuse will bring downtown activity and so the standard is met. 4.Does not interfere with or diminish the value of property in the neighborhood: The property is now vacant property so the reuse will increase value and therefore, the standard is met. 5.Is adequately served by public facilities and services:The building is near public transportation and is already served by public facilities, so the standard is met. 6.Does not cause undue traffic congestion:With parking provided,the incremental traffic would not have a negative effect downtown and so the standard is met. 7.Preserves significant historical and architectural resources:The property preserves a mid-century non-historic building, and thus the standard is met. 8.Preserves significant natural and environmental resources:The lot has open space which is being preserved and so the standard is met. 9.Complies with all other applicable regulations:The applicant had proved to be familiar with Evanston regulations and so the standard is met. Chair Rodgers asked for Commissioner comments on the standards.Commissioner Westerberg recommended adding a permeable paver condition.It was also clarified that there would be no percentage applied to the number of transient guests. Commissioner Lindwall made a motion to recommend approval to the City Council to approve the Special Use Permit on the property located at 1555 Oak Avenue, 22ZMJV-0085, with the following conditions: 1.The applicant paves the unimproved parking lot with permeable pavers within one year of approval of the Special Use Permit. 2.The Special Use Permit is in general compliance with the application and testimony provided. Second by Commissioner Halik.A voice vote was taken,and the motion carried, 3-2. B.Public Hearing: Appeal | 1733 Oakton Street | 22ZMJV-0088 Cheryl &Robert Muno,property owners of 1729 Oakton Street,appeal the Zoning Administrator ’s decision to grant minor zoning relief (case number 22ZMNV-0074) to construct a second story addition with a proposed east interior side yard setback of 3.9’and an existing first story of 3.9’(Section 6-8-3-7)in the R2 Single Family Residential District.The appellant appeals the approval of the 3.9’east interior side yard setback variation,and also appeals the overhang amount (eave; yard obstruction)approved without variation.The Land Use Commission is the determining body for this case in accordance with Section 6-3-8-8 of the Evanston Zoning Code and Ordinance 92-O-21. Page 3 of 10 January 11, 2023 Land Use Commission Meeting Page 13 of 20 P1.Page 417 of 642 APPROVED Robert Muno,1729 Oakton Street,presented his opposition to the variances being requested at 1733 Oakton Street.The primary reasons for opposition include loss of light,increased noise,and the potential for stormwater runoff to negatively impact his property at 1729 Oakton Street. Commissioner Questions Commissioner Lindwall asked if the distance from the west side of the property to the house was about five feet. Mr. Muno stated that he did not know the exact distance. Ms.Klotz summarized that the variance was granted due to finding that it met the standards for a minor variation.Relocating the addition created construction issues and potential triggers for additional variance requests.The permitted bulk in the zoning district was not maximized and other houses on the block were at a similar height to the proposed addition.Commissioner Westerberg asked staff if an offset of the second story was considered,and Ms.Klotz replied that it was not.Ms.Klotz noted that a stormwater drainage plan will have to be approved prior to issuing the building permit. The record was then closed. Deliberations Commissioner Halik noted residents cannot own natural light or views and the setback was not an issue created by the homeowner.He also stated that the property owner has the right to build,and they were not proposing to maximize what they could have been allowed.Commissioner Westerberg noted that stormwater is a substantive issue and should be reviewed prior to permit issuance and Chair Rodgers concurred. The Commission then reviewed the Standards for a Minor Variation (Section 6-3-8-12-A). 1.The practical difficulty is not self-created:The legally nonconforming interior side yard setback is not self-created by the minor variation applicant and so the standard is met. 2.The requested variation will not have a substantial adverse impact on the use, enjoyment,or property values of adjoining properties:The second story height is not maximized thus not creating a substantial adverse impact and so the standard is met. 3.The requested variation is in keeping with the comprehensive general plan and the zoning ordinance:Adding on to existing house stock aligns with the plan meeting the standard. 4.The requested variation is consistent with the preservation policies set forth in the comprehensive general plan:The minor variation allows a second story addition rather than an increased building footprint which would have created a larger negative effect and so the standard is met. Page 4 of 10 January 11, 2023 Land Use Commission Meeting Page 14 of 20 P1.Page 418 of 642 APPROVED 5.The requested variation requires the least deviation from the applicable regulation among the feasible options identified before the Zoning Administrator issues his/her decision regarding said variation:Alternative locations were considered that did not take advantage of the existing structure and so the standard is met. Commissioner Lindwall made a motion to affirm the Zoning Administrator ’s decision on the property located at 1733 Oakton Street,22ZMJV-0088,with the instruction that as the project moves forward through the permitting process that staff pay particular attention to the stormwater management system.Second by Commissioner Halik. A voice vote was taken, and the motion carried, 5-0. Commissioner Halik made a motion to accept the Zoning Administrator’s interpretation on the property located at 1733 Oakton Street,22ZMJV-0088,that the proposed 4”eave is compliant.Second by Commissioner Westerberg.A voice vote was taken, and the motion carried, 5-0. C.Public Hearing: Special Use & Major Variation | 1801-1805 Church Street and 1708-1710 Darrow Avenue | 22ZMJV-0089 Pastor Clifford Wilson,Mt.Pisgah Ministry,Inc.,applicant,submits for a Special Use for a use (religious institution)in the oWE West Evanston Overlay District exceeding 10,000 square feet but less than 40,000 square feet (Sections 6-15-15-XVII-B.4 and 6-15-15-XVII-B.6),and submits for the following Major Variations from the Evanston Zoning Code:1)Reduce required front yard build to zone from 5’-25’to 0’at upper floors (Section 6-15-15-XVII-A.2),2)Reduce required west interior side yard setback from 5’to 0’(Section 6-15-15-XVII-A-6),3) Increase impervious surface coverage from 60%+20%semi-pervious surface material to 90.3%(Sections 6-15-15-XVII-A.8 and 6-15-15-XVII-A.9),4)Increase building height from 2 stories or 30’to 3 stories at 44.0’to parapet (Section 6-15-15-XVII-B.1),5)Eliminate the required building stoop base type and provide a storefront base type instead (Section 6-15-15-IV,Table IV.A,and 6-15-15-V-C.4),6) Provide occupied space behind building parapet cap type where occupied space is not permitted (Section 6-15-15-IV,Table IV.A,and 6-15-15—VI-A.3),7)Eliminate the required one short loading berth (Section 6-16-5,Table 16-E),8)Increase yard obstruction from 10%to 40%into corner side setback for exterior building fins and vertical trellis (Section 6-4-1-9-B.1),9)Eliminate the required 3’-4’tall steel or PVC picket fence around the parking area (6-15-15-XVIII.B.5),in order to construct a 3-story building for a religious institution with both on-site and leased offsite parking in the B2 Business and oWE West Evanston Overlay Districts.The Land Use Commission makes a recommendation to the City Council,the determining body for this case in accordance with Zoning Code Section 6-3-5-9,and Ordinance 92-O-21. Senior Pastor Clifford Wilson,Mt.Pisgah Ministry,Inc.,1813 Church Street,stated their goal is to build a new non-denominational religious institution with a soup kitchen to help those in need.Mr.Richard Koenig,Executive Director of Koenig Housing Opportunity Page 5 of 10 January 11, 2023 Land Use Commission Meeting Page 15 of 20 P1.Page 419 of 642 APPROVED Development Corporation (“HODC”),a non-profit organization building affordable housing,provided an overview of the sites and the projects which revitalize the block with a new church, 44 new affordable residential apartments, and a retail space. Chair Rodgers asked staff to read Item IV.D.into the record due to the interrelationship of the projects.Ms.Ruggie confirmed that both projects will move together to the City Council for approval. Commissioner Questions Commissioner Halik inquired what the impact would be if the HODC project was reduced from five to four stories.Mr.Koenig replied that it would not be financially feasible. Commissioner Lindwall questioned the impact of eliminating the zero front yard setback and front loading for the buildings without a designated loading berth.Mr.Koenig responded that it would make the units smaller and challenge the number of parking spaces able to be built.Mr.Griffith added that Evanston Public Works indicated their approval of a shared on-street loading zone for the entire block.Mr.Koenig also mentioned that the church currently does not often use the loading space and does not expect a lot of HODC move-in and out traffic. Commissioner Lindwall asked about the planter locations and Mr.Koenig responded that they extend two feet from the east wall.Commissioner Lindwall asked why there is a separate location for the garbage chute and recyclables.Mr.Koenig replied that they have found this practice to promote less mixing of trash. Commissioner Halik said that the Special Overlay District triggers several variations and questioned staff about the future of overlay districts.Ms.Klotz answered that the Planning &Development Committee discussed the overlay district challenges due to the strict structure and age of the form-based Zoning Code with no further action. Commissioner Westerberg inquired about the stormwater and soil remediation plans. Mr.Griffith answered that the applicant is proposing a stormwater vault to hold and slowly release the water into the alley stormwater system and that any further soil remediation would be addressed during building permit review. Chair Rodgers called for public comment. Carlis Sutton,1821 Darrow Avenue,commented that the overlay district is problematic and that the proposed design is not characteristic of the neighborhood. Tina Paden,1122 Emerson Street,inquired about confirmation of the environmental cleanliness of the site.She asked about the value of the property that the church is being built on and future ownership of the two properties.She asked if HODC would be building the church and where was its parking.She asked what the public notice Page 6 of 10 January 11, 2023 Land Use Commission Meeting Page 16 of 20 P1.Page 420 of 642 APPROVED distance was for an overlay district.She asked if there would be a priority for minority hiring and how preference to Evanston residents could be managed.She questioned whether there was a lack of public meetings and if this use was the best for public property which should serve the greater community. Priscilla Giles,1829 Ashland Avenue,objects to the size of the building as it relates to the neighborhood. Nambi Chambers,1816 Darrow Avenue,expressed concern about traffic,parking and building height.Xiomara Chambers,1816 Darrow Avenue,also expressed concern about parking especially during street and snow cleaning.She added that there tends to be standstill traffic in front of the storefronts. Katie Nawrocki,Crosby Theodore,LLC,1817 Church Street,asked for a three-month continuance to discuss the documents and variations submitted by the applicant.Their concerns include stormwater,impact on a local landmark structure,the building's height and bulk,and that the least deviation standard was not provided.Erin Jackson,also 1817 Church Street,acknowledged that 1817 has stormwater issues and would like to understand how the proposed project would impact parking for her business.She also concurs with the spirit of providing affordable housing to individuals in the area. Vanessa Johnson McCoy,1710 Central Street,noted that affordable housing is a need that she has seen in Evanston through her real estate experience and the church provides great service to the community. Sidney Reed,1151 Ashland Avenue,expressed support of the affordable housing development and getting some of the property back in a taxable status. Keith Banks,737 Reba Place Development Corporation,Suite B,spoke in support of the affordable housing development and the height of the building. Mr.Koenig summarized that the public meetings began in July 2019 with a community meeting regarding the site,followed by 5th Ward meetings in October.The city issued a Request for Qualifications (RFQ)in January of 2020 and in June,the Economic Development Committee met to discuss the responses and voted to recommend the Mt. Pisgah Ministry and HODC partnership (“Partnership”)to the City Council in December. The City Council authorized negotiations with the Partnership in January 2021 and adopted an ordinance in February 2021 to negotiate a purchase and sale agreement with the Partnership.5th Ward project presentations were made in August and December of 2021.Flyers were distributed to neighborhood homes and businesses in September 2022 prior to another community meeting held later that month. Mr.Koenig confirmed that the city has property environmental clearance in the form of an Illinois Environmental Protection Agency (IEPA)No Further Remediation Required (NFR)Letter that was communicated by issuing it with the 2020 RFQ and including it with these public hearing packets.Pastor Wilson has testified regarding personally Page 7 of 10 January 11, 2023 Land Use Commission Meeting Page 17 of 20 P1.Page 421 of 642 APPROVED observing removal of the tanks.Any further clean-up objectives are local,based on land use and handled through the permitting process. Mr.Koenig responded that the donated portion of the property is appraised at approximately $1M and eligible for a state donation tax credit.The church will only own the east section of the property and HODC will own the west and pay property taxes. He further clarified that the five parcels will be combined and subdivided into two with two different parcel identification numbers (PINs).The two projects will be built independently. Pastor Wilson stated that they currently have 7 church parking spaces.Evanston Township High School has granted permission to let the church park on Sunday in the southeast parking lot if necessary (typically for weddings and funerals).He has reached out to adjacent churches for Saturdays or other days when they are not using spaces for additional parking if necessary. Mr.Koenig restated that Federal Fair Housing law does not allow a local waitlist.HODC has requested consideration to allow it but if it is not approved,they will comply with the law. He confirmed that they will comply with Evanston’s minority hiring program. Mr.Koenig summarized that there are 13 1-bedrooms,20 2-bedrooms,and 11 3-bedrooms.The 1-bedrooms range from 640 to 670 square feet;the 2-bedrooms are 782 to 908 square feet, and the 3-bedrooms are 1,053 to 1,150 square feet. Mr.Griffith noted that public mail notice was sent within a radius of 500 feet,the requirement for variations. Commissioner Westerberg asked staff when plans were posted,and Mr.Griffith noted that the packet was posted the Friday prior to the Land Use Committee meeting and public mail notices were sent in mid-December.Mr.Koenig added that plans, elevations,and story boards have been part of earlier presentations over the last 18 months for both projects. Chair Rodgers asked for commissioners’input on continuing the hearings and staff input on the Land Use Commission case schedule.Chair Rodgers set the expectation that the developer and church hold an additional community meeting to review the plans.He also noted that continuing to February 8,2023,will not include another mailed public notice.Commissioner Lindwall suggested that stormwater drainage,lot coverage and alley function be discussed with the neighbors. Commissioner Lindwall made a motion to continue the hearing to the February 8, 2023 meeting on the property located at 1801-1805 Church Street and 1708-1710 Darrow Avenue,22ZMJV-0089.Second by Commissioner Westerberg.A voice vote was taken, and the motion carried, 5-0. D.Public Hearing: Major Variation | 1811-1815 Church Street and 1708-1710 Page 8 of 10 January 11, 2023 Land Use Commission Meeting Page 18 of 20 P1.Page 422 of 642 APPROVED Darrow Avenue | 22ZMJV-0092 Richard Koening,Housing Opportunity Development Corporation,applicant, submits for the following Major Variations from the Evanston Zoning Code: 1)Reduce the required front yard build to zone from 5’-10’to 0’(Section 6-15-15-IX-A.3),2)Reduce the required west and east interior side yard setbacks from 5’to 0’(Section 6-15-15-IX-A.5),3)Reduce the required rear yard setback from 5’to 0’(Section 6-15-15-IX-A.6),4)Increase the maximum permitted impervious surface coverage from 90%+5%semi-pervious surface area to 99.7% of lot area (Sections 6-15-15-IX-A.7 and 6-15-15-IX-A.8),5)Increase the maximum permitted building height from 3 stories and 47’to 5 stories and 57.7’(Section 6-15-15-IX-B.1),6)Eliminate the required 8’ziggurat setback at the 3rd story (Section 6-15-15-IX-B.1),7)Eliminate the required one short loading berth (Section 6-16-5,Table 16-E),in order to construct a 5-story mixed-use building with ground floor retail,44 dwellings,and on-site parking in the B2 Business and oWE West Evanston Overlay Districts.The Land Use Commission is the determining body for this case in accordance with Zoning Code Section 6-3-8-2, and Ordinance 92-O-21. Commissioner Lindwall made a motion to continue the hearing to the February 8, 2023 meeting on the property located at 1801-1805 Church Street and 1708-1710 Darrow Avenue,22ZMJV-0089.Second by Commissioner Westerberg.A voice vote was taken, and the motion carried, 5-0. Election of Officers A.Election of Land Use Commission Chair and Vice-Chair Commissioner Halik made a motion to elect Commissioner Matt Rodgers Chair, seconded by Commissioner Lindwall,and Chair Rodgers accepted the nomination. The motion carried 5-0.Commissioner Rogers made a motion to elect Commissioner Max Puchtel Vice-Chair,seconded by Commissioner Lindwall.The motion carried 5-0. B.Election of Zoning Committee Members The Election was deferred until the next Commission meeting. C.Election of Comprehensive Plan Committee Members The Election was deferred until the next Commission meeting. D.Election of Comprehensive Plan Steering Committee Chair Commissioner Rogers made a motion to elect Commissioner Jeanne Lindwall as the Comprehensive Plan Steering Committee Chair,seconded by Commissioner Westerberg. The motion carried 5-0. Adoption of 2023 Meeting Schedule Commissioner Westerberg made a motion to adopt the 2023 calendar,seconded by Commissioner Lindwall. The motion carried 5-0. Communications Ms.Williams provided a Comprehensive Plan Update.Staff has identified key elements to bring before those committees that have purview over the plan and will schedule Page 9 of 10 January 11, 2023 Land Use Commission Meeting Page 19 of 20 P1.Page 423 of 642 APPROVED these in the coming months prior to finalizing the RFP.Discussion ensued regarding communicating commission and staff recommendations to City Council.Chair Rodgers made a referral to staff to review the Zoning Code definition for an Apartment Hotel. Adjournment Commissioner Westerberg motioned to adjourn,Commissioner Lindwall seconded,and the motion carried, 5-0. Adjourned 10:03 pm. The next meeting of the Evanston Land Use Commission will be held on Wednesday, January 25,2023,at 7:00 pm,in the James C.Lytle Council Chambers in the Lorraine H. Morton Civic Center. Respectfully submitted, Amy Ahner, AICP, Planning Consultant Reviewed by, Meagan Jones, Neighborhood and Land Use Planner Page 10 of 10 January 11, 2023 Land Use Commission Meeting Page 20 of 20 P1.Page 424 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Katie Ashbaugh, Planner CC: Sarah Flax, Interim Community Development Director Liz Williams, Planning Manager Subject: Ordinance 38-O-23, Amending Section 6-9-2-3 of the City Code Adding Performance Event Venues As A Special Use in the B1 Business District Date: March 27, 2023 Recommended Action: The Land Use Commission recommends the adoption of Ordinance 38 -O-23, amending Section 6-9-2-3 of the City Code, and adding Performance Event Venues as a Special Use in the B1 Business District. CARP: N/A Council Action: For Introduction Summary: The applicant, Hana Samuels of Blue Star Properties, requests an amendment to Section 6 -9- 2-3 of the City Code to add 'performance entertainment venues' to the list of special uses in the B1 Business District. This amendment request is related to proposed improvements to Union Pizzeria and SPACE, located at 1245 Chicago Avenue. Union Pizzeria is considered a type 1 restaurant and is allowed 'by right' in the B1 Business District. SPACE, which operates in the rear of the existing Union Pizzeria building, has historically been considered an accessory use to the type 1 restaurant by the past and the current Zoning Administrator. Union Pizzeria is considered a "type 1 restaurant" as defined by Section 6-18-3, Definitions of the Zoning Code. Type 1 restaurants are a permitted use ("by right") in the B1 district. SPACE, a "performance entertainment venue" as defined in Section 6-18-3, has historically operated and been considered by the past and the current Zoning Administrator to be an accessory use to the type 1 restaurant. It has evolved from the larger back room of Union Pizzeria into its own destination. P2 Page 425 of 642 However, performance entertainment venues are not listed in Sections 6 -9-2-2 (Permitted Uses), 6-9-2-2.5 (Administrative Review Uses), or 6-9-2-3 (Special Uses) of the B1 district. The applicant, of the use add Code Zoning to to an amendment requests therefore, the "performance entertainment venues" to the list of Special Uses in the B1 district. This use is in keeping with the opening statement, "to promote and preserve small scale, limited shopping and business uses." The use itself as it exists in the marketplace is no longer limited to only large format venues intended for a higher profile, celebrity status performers as many artists begin their careers at smaller, local venues. Further, given SPACE has evolved and operated as a local venue for many years and is a part of the Evanston performing arts ecosystem, adding the use to the B1 district also is in keeping with the district's purpose. Considering the district purpose also includes a limitation in floor area of 7,500 square feet, and performance entertainment venues that may request a Special Use in the B1 district in the future would be limited to this size. In terms of the overall impact on Title VI (The Zoning Code), this would bring the total number of zoning districts in which "he “performance entertainment venue” use is a Special Use to five. Performance entertainment venues are allowed, upon approval of a Special Use Permit by the City Council, in the RP Research Park District, D2 Downtown Retail Core District, D3 Downtown Core Development District, D4 Downtown Transition District, and the oCSC Central Street Corridor Overlay District. Specifically, in the oCSC district, they are listed as a Special Use in Subareas 3-7 under the "Additional uses” table. They also are listed as Active Ground Floor uses in the overlay, again as a Special Use. They are not a Permitted Use (“by right”) in any zoning district. Attachments 1. Draft Ordinance 38-O-23, Amending Section 6-9-2-3 of the City Code Adding Performance Event Venues As A Special Use in the B1 Business District 2. February 22, 2023, Approved Land Use Commission Meeting Minutes (pg. 11-15) Legislative History: February 22, 2023 - The Land Use Commission unanimously recommended approval of the requested amendment to add ‘performance entertainment venues’ to the list of special uses in the B1 Business District. Attachments: 38-O-23 Amending 6-9-2-3 to Allow Performance Entertainment Venues as Special Use in the B1 Business District Page 2 of 8 P2 Page 426 of 642 3/27/2023 38-O-23 AN ORDINANCE Amending Section 6-9-2-3 of the City Code Adding Performance Event Venues As A Special Use in the B1 Business District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, Hana Samuels of Blue Star Properties and applicant on behalf of the property located at 1243-45 Chicago Avenue in the B1 Business District, Page 3 of 8 P2 Page 427 of 642 38-O-23 ~2~ has petitioned the City Council of the City of Evanston, for approval of an amendment to Section 6-9-2-3 of the Zoning Ordinance (“Code Amendments”) per Section 6-3-4-6 of the City Code and in relation to their application for a Special Use Permit to allow for a performance entertainment venue on the property and one Major Variation to not provide one (1) loading stall where one (1) is required by City Code Section 6-16-5, Table 16-E for an addition to an existing Type 1 Restaurant (Union Pizzeria) in the B1 Business District; and WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor more than thirty (30) days prior thereto, on February 22, 2023, the Evanston Land Use Commission (“LUC”) held a public hearing, regarding case no. 23PLND-0007 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), to consider the proposed Code Amendment at which evidence, testimony, and exhibits in support of the Code Amendment were presented, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, the LUC received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments met the Standards for Amendments, and by a vote of eight (8) “yays” and zero (0) “nays” recommended City Council approval thereof with the below findings incorporated into the record: 1. Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council: The current use is in existence and meets the plan goals. Page 4 of 8 P2 Page 428 of 642 38-O-23 ~3~ 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: SPACE has been successfully operating for years and is compatible with the character of the neighborhood. 3. Whether the proposed amendment will have an adverse effect on the value of adjacent properties: No serious issues have been provided as testimony having an adverse effect. 4. The adequacy of public facilities and services: Yes, facilities are adequate. WHEREAS, at its meeting of March 27, 2023, the Planning and Development Committee of the City Council (“P & D Committee”) considered and adopted the findings and recommendation of the LUC in case no. 23PLND-0007 and recommended City Council approval thereof; and WHEREAS, at its meetings of March 27, 2023 and April 10, 2023, the City Council considered and adopted the respective records, findings, and recommendations of the LUC and the P & D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-9-2-3 of the Zoning Ordinance, “Special Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-9-2-3. - SPECIAL USES. The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5, "Special Uses," of this Title: Administrative review uses, pursuant to Section 6-3-5-16(B) "Applicable Uses." Animal hospital. Aquaponics. Page 5 of 8 P2 Page 429 of 642 38-O-23 ~4~ Banquet hall. Bed and breakfast establishments. Boarding house. Business or vocational school. Convenience store. Craft alcohol production facility. Daycare center—Adult. Daycare center—Child. Daycare center—Domestic animal. Dwelling—Multiple-family. Dwelling—Single-family detached. Food store establishment. Funeral services excluding on-site cremation. Government institutions. Kennel. Membership organization. Micro-Distillery. Open sales lot. Performance Entertainment Venue. Planned development. Public utility. Religious institution. Resale establishment. Page 6 of 8 P2 Page 430 of 642 38-O-23 ~5~ Residential care home—Category II. Urban farm, rooftop. Uses permitted pursuant to Section 6-9-2-2 of this Chapter and this Section exceeding seven thousand five hundred (7,500) square feet. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Page 7 of 8 P2 Page 431 of 642 38-O-23 ~6~ Counsel Page 8 of 8 P2 Page 432 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Katie Ashbaugh, Planner CC: Sarah Flax, Interim Community Development Director Liz Williams, Planning Manager Subject: Ordinance 39-O-23, Granting a Special Use Permit to Allow for A Performance Entertainment Venue Pursuant to City Code 6-9-2-3 and Approving A Major Variation Pursuant to City Code 6-16-5, Table 16-E on the Property Located At 1243-45 Chicago Avenue, in the B1 Business District Date: March 27, 2023 Recommended Action: The Land Use Commission recommends the adoption of Ordinance 39-O-23 granting a Special Use Permit to allow for a Performance Entertainment Venue pursuant to City Code 6 -9-2-3 and approving a Major Variation pursuant to City Code 6-16-5, Table 16-E on the property located at 1243-45 Chicago Avenue, in the B1 Business District. CARP: N/A Council Action: For Introduction Summary: The applicant, Hana Samuels of Blue Star Properties, on behalf of 1243 Chicago (Evanston) LLC and Chicago Roadhouse, owners of properties located at 1243 Chicago Avenue and 1245 Chicago Avenue, respectively, requests a Special Use Permit to allow a performance entertainment venue (City Code §6-9-2-3) and a Major Variation to not provide one (1) loading stall where one (1) is required (City Code §6-16-5, Table 16-E) for an addition to an existing type 1 restaurant (Union Pizzeria) in the B1 Business District . This request is in conjunction with case no. 23PLND-0007, contemplated in draft Ordinance 38-O-23, requesting an amendment to Section 6-9-2-3 of the City Code to add Performance Event Venues as a Special Use in the B1 Business District. P3.Page 433 of 642 Union Pizzeria, located at 1245 Chicago Avenue, is considered a type 1 restaurant and is allowed ‘by right’ in the B1 Business District. SPACE, which operates in the rear of the existing Union Pizzeria building, has historically been considered an accessory use to the t ype 1 restaurant by the past and the current Zoning Administrator. With the success of SPACE separate and apart from Union Pizzeria, ownership of the two businesses purchased the property to the south, 1243 Chicago Avenue, with the intent to construct an a ddition to the existing one-story commercial building specifically to enhance the operations of SPACE. In doing so, the proportion of the proposed overall floor area will be increased such that SPACE can no longer be considered an accessory to the type 1 restaurant and must become compliant with current zoning regulations. On February 22, 2023, the Land Use Commission conducted a public hearing and considered the requested Special Use and Major Variation for the proposed addition to the existing building. The Commission discussed the current operations of SPACE at length and the proposed changes to operations in relation to the addition. The applicant confirmed that the addition does not add additional capacity for Union Pizzeria or SPACE and is intended to improve operations for SPACE specifically. The addition gives SPACES its own entrance and supporting functions, separate and apart from Union Pizzeria. The applicant stated the addition includes a ticket booth, coat check, bathrooms, and bar for SPACE g uests. The applicant is also proposing an outdoor dining patio in front of the proposed addition, immediately to the south of the existing Union Pizzeria building. The outdoor patio does not require any zoning relief as it is for a type 1 restaurant, which is an allowed use in the B1 district. Discussion regarding volume controls for the open area in between the proposed building addition and the existing detached garage and also for the outdoor dining patio ensued, and conditions of approval were added to address the LUC’s concerns. One owner of the property located to the east of 1243-45 Chicago Avenue was present and spoke during public comment. They cited concerns with the existing operations of SPACE, specifically the use of the alley before and after performances. This concern was taken into consideration during the LUC’s deliberations, and condition #8 below was added to address this concern. No additional zoning relief is required. Any exterior changes to the existing building will be subject to administrative review as part of the building permit application. No comments were received in favor or against the request since the public hearing. The applicant is in agreement with all proposed conditions of approval. Legislative History: February 22, 2023 - The Land Use Commission unanimously recommended approval of the Special Use and the Major Variation with the following conditions: 1. The hours of operation for both the Type 1 restaurant, Union Pizzeria, and performance entertainment venue, SPACE, shall be 11:00 a.m. to 11:00 p.m. Sunday through Thursday and 11:00 a.m. to midnight (12:00 a.m.) Friday and Saturday, plus New Year’s Eve; 2. The facility will operate within the requirements of Evanston’s Noise Zoning Ordinance; 3. No performance occurring inside the building will be allowed to occur in the outdoor space. There will be no live performances outdoors where the primary purpose of the event is to listen to music. Any outdoor performances shall be accessory in nature and Page 2 of 25 P3.Page 434 of 642 will be held on an infrequent basis, such as when string music or a jazz combo may be proposed for a wedding; 4. Any speakers installed to project sound outside of the building shall be used only for ambient background music during the approved hours of operation; 5. Parking fees shall be paid as required for the use of the on-street parking stalls for the purposes of loading and delivery; 6. Any change in ownership of the property located at 1307 Chicago Avenue, where the off-street parking is provided for the performance entertainment venue , shall require an amendment to this Special Use; 7. Composting of any food waste or other compostable materials shall be added to the waste management plans of the property; and 8. Two of the three on-site parking spaces will be made available for performers and their equipment. Attachments 1. Plans dated January 20, 2023 2. February 22, 2023, Land Use Commission Meeting Materials 3. February 22, 2023, Approved Land Use Commission Meeting Minutes (pgs. 11-15) 4. Draft Ordinance 39-O-23, Granting a Special Use Permit to Allow for A Performance Entertainment Venue Pursuant to City Code 6-9-2-3 and Approving A Major Variation Pursuant to City Code 6-16-5, Table 16-E on the Property Located At 1243-45 Chicago Avenue, in the B1 Business District Attachments: Plans dated January 20, 2023 39-O-23 Approving a Special Use Permit for Performance Venue and Major Variation for 1243-45 Chicago Avenue (Union Pizzeria) Page 3 of 25 P3.Page 435 of 642 Page 4 of 25 P3.Page 436 of 642 Page 5 of 25 P3.Page 437 of 642 K 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000E: STUDIO@K2ARCH.COM012020231CONTENTS:COVERPLATOFSURVEY(PREVIOUSCONDITION)PLATOFSURVEY(EXISTINGCONDITION)EXISTINGFLOORPLANENTRANCEPAVILIONSPACEEXPANSION1243CHICAGOAVE.EVANSTON,IL60202EWEXPANSIONFLOORPLANENLARGEDREARYARDFLOORPLANNEWELEVATIONSNEWELEVATIONS13.Page 6 of 25 P3.Page 438 of 642 EXISTING VENUE SPACEEXISTINGSOUNDBOOTHEXISTING VENUESUPPORT SPACEEXISTING RESTAURANTEXISTING STAGEEXISTING BAREXISTING KITCHENEXTG. VENUEENTRYEXISTING CORRIDOREXISTING VENUESUPPORT SPACEWALK-IN COOLEREXISTING VENUESUPPORT SPACEEXISTING EGRESS CORRIDOREXISTING AREAS: NO CHANGETOTAL BLDG. AREA: 8,962 S.F.RESTAURANT:2,746 S.F.VENUE:2,377 S.F.VENUE SUPPORT:1,624 S.F.VENUE:1,467 S.F.PARKING CALCULATIONS:AREAS TOWARD PARKING: (RESTAURANT AREA + VENUE AREAS)(2,746 S.F. + 2,377 S.F.+1,644 S.F.) = 6,747 S.F.6,747 S.F. - 2000 S.F.* = 4,747 S.F.*NOTE: FIRST 2,000 SQ. FT. REDUCTION FOR NON-RESIDENTIAL USES INBUSINESS DISTRICTSPARKING: 250 S.F. PER VEHICLE4,747 S.F. / 250 S.F. = 18.9 ≈ 19 PARKING SPACES(19) PARKING SPACES REQUIRED PER CALCULATIONS.(0) PARKING SPACES PROVIDED PER LEGAL NON-CONFORMING USEEXTG. RESTAURANT OCCUPANCY SPACE(S)TOWARDS PARKINGEXTG. VENUE OCCUPANCY SPACE(S) TOWARDSPARKINGEXTG. CIRCULATION AND SUPPORT SPACE(S)NOT TOWARDS PARKINGAREA COLOR KEY:CHICAGO AVEPUBLIC ALLEY1245 CHICAGO AVE.SPACE EXISTING BLDG.CIRC.K 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000E: STUDIO@K2ARCH.COMSPACE (EXISTING)1245 CHICAGO AVEEVANSTON, ILSCALE: 1/16" = 1'-0"EXISTING FLOOR PLAN10168 16 321/16" = 1'-0" (IN FEET)N012020234Page 7 of 25 P3.Page 439 of 642 EXISTING 1-STORY BRICKMASONRY BUILDINGSTORAGECOATCHECKWOMEN'STOILET ROOMMEN'S TOILETROOMBUSSTATIONVENUELOBBY[1,245 S.F.]BAROUTDOORSPACE[1,670 S.F.]DEDICATED CIRCULATIONDEDICATED ENTRY CIRCULATIONEXISTINGLOADINGZONENEWVENUEENTRYCHICAGO AVEPUBLIC ALLEYOUTDOOR SEATING[1,098 S.F.]EXISTING ELEC.SERVICE + METERLOCATION.RAISED FIRE PITEMERGENCYEXIT ONLYNEW MASONRYOPENING FOR VENUEACCESS FROMEXPANSION SPACE.EXISTINGVENUE ENTRY1245 CHICAGO AVE.SPACE EXISTING BLDG.1245 CHICAGO AVE.SPACE EXISTING BLDG.1243 CHICAGO AVE.SPACE EXPANSION SITE10'-3" +/-20'-0" ALLEYTRASHCONTAINERTRASHCONTAINERTRASHCONTAINERTRASHCONTAINER9'-0" +/-27'-0" +/-EXISTING LEGALNON-CONFORMINGLOADING ZONE TOCONTINUE TO BEUTILIZED BYVENUE SPACE.REAREGRESSRAISED PLANTERPROPERTY LINE53'-7 1/2"1'-0" SETBACK FROM PROP. LINE39'-0"10'-0"36'-6"26'-5"25'-9"66'-0"32'-0"98'-10"50'-0"EXISTING WALLPACK LIGHTS ATREAR EXTERIOR.BIKE PARKING020301[8'-6"x18'][8'-6"x18'][8'-6"x18']RAISED PLANTER8'-0"28'-6"EXISTING UNION PIZZARESTAURANTK 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000 E: STUDIO@K2ARCH.COMSPACE EXPANSION1243 CHICAGO AVEEVANSTON, ILSCALE: 1/16" = 1'-0"NEW FLOOR PLAN10168 16 321/16" = 1'-0" (IN FEET)NCONC. WALK WITHARTICULATED JOINTSPERMEABLECONC. PAVERSRETRACTABLE PERMEABLE CANVASSCREENS OVER OUTDOOR SEATINGFOR SUN SHADING DURING PEAK SUNHOURS. NOT A PERMANENT ROOFCONDITION. CANVAS SUPPORTED BYSTEEL POST AND BEAM STRUCTUREOPEN TO ELEMENTS.3'-0" HIGH RAISED CONCRETEPLANTER WITH INTEGRATED BIKEPARKING ALONG CHICAGO AVEPUBLIC WALKWAY.SEE ENLARGED REAR YEAR PLAN FORADDITIONAL NOTES AND DIMENSIONSOUTDOOR ENTRY TO BE PARTIALLYCOVERED BY GLASS CANOPYWD. BENCH ANDPLANTERRECESSED WITHINEXTERIOR WALL.OUTDOOR ENTRY TO BE PARTIALLYCOVERED BY GLASS CANOPYNEW RESTAURANT SERVICEDOOR TO OUTDOOR SEATING012020235Page 8 of 25 P3.Page 440 of 642 TRASHCONTAINERTRASHCONTAINERTRASHCONTAINERTRASHCONTAINER15'-1 3/8"38'-10"10'-3"+/-15'-9"6'-0"20'-0" ALLEY10'-0"3'-0"37'-8"1'-6"1'-0"4'-0"0203018'-6"8'-6"8'-6"8'-6"18'-0"10'-0"K 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000E: STUDIO@K2ARCH.COMSPACE EXPANSION1243 CHICAGO AVEEVANSTON, ILSCALE: 1/8" = 1'-0"ENLARGED REAR YARD PLAN1NNEW SCREEN FENCE AT PROPERTYLINENEW CENTRALIZED TRASHLOCATION FOR EXISTING BUILDINGAND EXPANSION. ENCLOSURE TOSCREEN ALL FOUR SIDES OF TRASHAREA. BINS TO BE ROLLED TOALLEY BY WASTE COMPANY FORPICK-UP.CONC. DRIVE OFF ALLEY DEDICATED TOREAR EMERGENCY EGRESS AND SITETRASH REMOVAL.NEW OPENINGS AND GARAGE DOORSINSTALLED IN EXISTING GARAGE OFFALLEY. GARAGE STRUCTURALINTEGRITY TO BE MAINTAINED WITHINSTALLATION OF NEW GARAGE DOOROPENINGS.OUTDOOR SPACE COVERED BYTRELLIS—TRELLIS OPEN TO ELEMENTSABOVE. TRELLIS CONSTRUCTION:STEEL POSTS AND STEEL BEAMS W/WOOD HORIZONTAL SLATS FOR SUNSCREENING. SLATS SPACED @ 18" O.C.FOR +/-85% OPENNESS. ADDITIONALRETRACTABLE PERMEABLE CANVASTO BE PROVIDED FOR ADDITIONAL SUNSCREENING, CANVAS IS NOT FIXED,NOT A PERMANENT ROOF CONDITION.SODDED REAR YARD3'-0" HIGH CONCRETEPLANTERPERMABLECONCRETE PAVERSCONC. WALK WITHARTICULATED JOINTSOUTDOORSPACE[1,670 S.F.]DEDICATED CIRCULATIONREAREGRESSEXISTING GARAGE TO BEUTILIZED FOR ON-SITE PARKING.(3) THREE PARKING SPACESPROVIDED, INCLUDING ONEACCESSIBLE SPACE.NEW DOOR OPENING IN EXISTINGGARAGE TO PROVIDE NEWACCESSIBLE ROUTE FROM ACCESSIBLEPARKING SPACE TO VENUE ENTRY. ALLACCESSIBLE TRAVEL, DOOR, AND TURNCLEARANCES TO BE PROVIDED FOR.1% SLOPE MIN.NEW CURB STOP, TYP.4" MIN. PARKING STALL LINES AT EACHPARKING SPACE PAINTED YELLOW ASPER CITY OF EVANSTON PAINTREQUIREMENTSACCESSIBLE SIGNMTD. TO POSTCONC. SLAB FLOORINGACCESSIBLE PAINTED SYMBOL ASPER CITY OF EVANSTON PAINTREQUIREMENTS.084 8 161/8" = 1'-0" (IN FEET)ACCESSIBLE ROUTE7'-0" REFUSE SCREEN WALL: CMU MASONRYCONSTRUCTION WITH METAL CLADDINGMATCHING CLADDING AT BUILDING EXPANSION.CONC. PAVING7'-0" HIGH SCREEN FENCE, 1'-0"SET BACK OFF PROPERTY LINE.FENCE TO BE STEEL FRAMESET AT TOP A CONCRETE CURBW/ METAL PANELS, MATCHINGBUILDING CLADDING,ATTACHED TO FRAME.CONCRETE PAVERS TO COMPLY WITH ALL IAC STANDARDS (NOTTO EXCEED MAX SLOPE OF 1:20, PAVERS NOT TO CHANGEELEVATION GREATER THAN 14" AND REQUIRED 4'-0" CLEAR WIDTHOF TRAVEL) TO PROVIDE ACCESSIBLE PATH OF TRAVEL FROMACCESSIBLE PARKING SPOT TO ACCESSIBLE REAR ENTRANCE.ACCESSIBLE SPACE PER IAC CODEREQUIREMENTS IS LOCATED ATCLOSEST POSSIBLE DISTANCE FROMALL PROVIDED PARKING SPACES TOBUILDING ACCESS.EXTERIOR SEASONALBAR ACCESSTHROUGH OPERABLEWINDOW SYSTEM012020236Page 9 of 25 P3.Page 441 of 642 K 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000E: STUDIO@K2ARCH.COMSCALE: 1/8" = 1'-0"EAST ELEVATIONBSCALE: 1/8" = 1'-0"WEST ELEVATIONA1245 CHICAGO AVE EXISTINGRESTAURANT + VENUE1241 CHICAGO AVE -ADJACENT PROPERTYNEW ENTRY TO VENUE. ALUMINUMAND GLASS STOREFRONT SYSTEMCAST CONCRETE PLANTERALONG PUBLIC WALKWAYBICYCLE PARKINGINTEGRATED WITHINCONCRETE PLANTERCURVED WD. CLAD ACCENTWALL ALONG NEW ENTRY.NEW SIGNAGE FOREXPANSION SITE. SIGNAGEDESIGN NOT FINALIZED - TOCOMPLY WITH EVANSTONZONING ORDINANCESGLASS CANOPY ABOVEEXTERIOR ENTRYEXTERIOR METAL WALLCLADDING 2 - ACCENT COLOREXTERIOR METAL WALLCLADDING 1 - PRIMARY COLOREXTERIOR METAL WALLCLADDING 3 - ACCENT COLORCORTEN STEELWALL CLADDINGPAINTED STEEL POST AND BEAMFRAME FOR RETRACTABLE CANOPYFOR SUN SHADING.PERMEABLE CANVAS SUN CANOPY.RETRACTABLE, NOT FIXED—NON-PERMANENT ROOF CONDITION.EXTERIOR METALPANELING AT FASCIAMETAL CLAD EXTERIOR DOORSCURVED WD. CLAD ACCENTWALL ALONG NEW ENTRY.EXTERIOR METALPANELING AT FASCIAPAINTED STEEL POST AND BEAM FRAMEFOR HORIZONTAL WD. SLATS ANDRETRACTABLE CANOPY FOR SUN SHADINGPERMEABLE CANVAS SUN CANOPY.RETRACTABLE, NOT FIXED—NON-PERMANENT ROOF CONDITION.GLASS CANOPY ABOVEEXTERIOR ENTRY1241 CHICAGO AVE -ADJACENT PROPERTY1245 CHICAGO AVE EXISTINGRESTAURANT + VENUEEXTERIOR SEASONAL BARACCESSED VIA OPERABLEWINDOW SYSTEMALUMINUM AND GLASSSTOREFRONT SYSTEMALUMINUM AND GLASSCLERESTORY WINDOWS012020237Page 10 of 25 P3.Page 442 of 642 K 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000E: STUDIO@K2ARCH.COMSCALE: 1/8" = 1'-0"NORTH ELEVATIONCSCALE: NTSAXONOMETRIC VIEWD012020238Page 11 of 25 P3.Page 443 of 642 K 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000E: STUDIO@K2ARCH.COMSCALE: NTSSITE PLANESCALE: NTSREAR YARD VIEWFSCALE: NTSREAR YARD VIEWGSCALE: NTSREAR YARD VIEWHNEW METAL WALLCLADDING AND STANDINGSEAM ROOF AT EXISTINGGARAGESTEEL FRAME ANDCORTEN STEEL PANELSCREEN WALLCMU MASONRY WITHCORTEN STEEL PANELS ATTRASH ENCLOSURE012020239Page 12 of 25 P3.Page 444 of 642 EXISTING 1-STORY BRICKMASONRY BUILDINGSTORAGECOATCHECKWOMEN'STOILET ROOMMEN'S TOILETROOMBUSSTATIONVENUELOBBY[1,245 S.F.]BAROUTDOORSPACE[1,670 S.F.]DEDICATED CIRCULATIONDEDICATED ENTRY CIRCULATIONEXISTINGLOADINGZONENEWVENUEENTRYCHICAGO AVEPUBLIC ALLEYOUTDOOR SEATING[1,098 S.F.]EXISTING ELEC.SERVICE + METERLOCATION.RAISED FIRE PITEMERGENCYEXIT ONLYNEW MASONRYOPENING FOR VENUEACCESS FROMEXPANSION SPACE.EXISTINGVENUE ENTRY1245 CHICAGO AVE.SPACE EXISTING BLDG.1245 CHICAGO AVE.SPACE EXISTING BLDG.1243 CHICAGO AVE.SPACE EXPANSION SITETRASHCONTAINERTRASHCONTAINERTRASHCONTAINERTRASHCONTAINEREXISTING LEGALNON-CONFORMINGLOADING ZONE TOCONTINUE TO BEUTILIZED BYVENUE SPACE.REAREGRESSRAISED PLANTERPROPERTY LINEEXISTING WALLPACK LIGHTS ATREAR EXTERIOR.BIKE PARKING020301[8'-6"x18'][8'-6"x18'][8'-6"x18']RAISED PLANTEREXISTING UNION PIZZARESTAURANTPARKING CALCULATIONS:INDOOR OCCUPANCY SPACE - TOWARDS PARKINGINDOOR INFRASTRUCTURE SUPPORT AREAS - NOT TOWARDS PARKINGOUTDOOR OCCUPANCY SPACE - NOT TOWARDS PARKINGDEDICATED CIRCULATION PATH - NOT TOWARDS PARKINGAREA COLOR KEY:SPACETOTAL AREA (SQ. FT.) AREA TO CONTRIBUTE TO PARKING (SQ. FT.)FRONT OUTDOOR PATIO + ENTRY 2095N/AVENUE LOBBY, COAT CHECK, TOILET RMS24211,245REAR OUTDOOR AREA 2975N/ATRASH / LOADING588N/ATOTALS 80021,245NEW 1245 CHICAGO AREA: 1,245 S.F.EXTG. 1243 CHICAGO AREA:4,747 S.F.COMBINED AREA:5,992 S.F.PARKING: 250 S.F. PER VEHICLE5,992 S.F. / 250 S.F. = 24 PARKING SPACES-(19 GRAND FATHERED SPACES)= 5 NEW PARKING SPACES REQ'D3 GARAGE PARKING SPACES (INC. 1 ACCESSIBLE)+2 OFF SITE PARKING SPACES= 5 SPACES PROVIDED > 5 SPACES REQUIREDNOTE: ONLY GROSS FLOOR AREAS DEVOTED TO NON-SEATED ASSEMBLY SPACES SHALL CONTRIBUTE TOPARKING CALCULATIONS (1,245 S.F.)K 2 S T U D I O329 W. 18TH #501, CHICAGO IL. 60616P: 312.275.5000E: STUDIO@K2ARCH.COMSPACE EXPANSION1243 CHICAGO AVEEVANSTON, ILSCALE: 1/16" = 1'-0"NEW FLOOR PLAN10168 16 321/16" = 1'-0" (IN FEET)N1-2 METERED STREET PARKING SPACESTO BE UTILIZED AS LOADING / DELIVERYAS OUTLINED IN APPLICATIONEXISTING METEREDPARKING SPACEEXISTING BUS STOP — LOADING /DELIVERY NOT TO INFRINGE UPONDEDICATED BUS STOPEXISTING METEREDPARKING SPACEEXISTING METEREDPARKING SPACE0120202310Page 13 of 25 P3.Page 445 of 642 0120202311Page 14 of 25 P3.Page 446 of 642 0120202312Page 15 of 25 P3.Page 447 of 642 0120202313Page 16 of 25 P3.Page 448 of 642 03/27/2023 39-O-23 AN ORDINANCE Granting a Special Use Permit to Allow for A Performance Entertainment Venue Pursuant to City Code 6-9-2-3 and Approving A Major Variation Pursuant to City Code 6-16-5, Table 16-E on the Property Located At 1243-45 Chicago Avenue, in the B1 Business District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and Page 17 of 25 P3.Page 449 of 642 39-O-23 ~2~ WHEREAS, Hana Samuels of Blue Star Properties, is the owner representative (“Applicant”) on behalf of the property located at 1243-45 Chicago Avenue, legally described herein (“Subject Property”), attached hereto and incorporated by reference as Exhibit “A”; and WHEREAS, Hana Samuels has petitioned the City Council of the City of Evanston, for approval of a Special Use Permit for a performance entertainment venue on the Subject Property (“Special Use”) and for approval of a Major Variation to not provide one (1) loading stall where one (1) is required by City Code Section 6-16-5, Table 16-E for both the performance entertainment venue and an addition to an existing Type 1 Restaurant (Union Pizzeria) located on the Subject Property in the B1 Business District; and WHEREAS, following due and proper publication in the Evanston Review not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notices to all properties owners within 500 feet of the Subject Property, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearing on February 22, 2023 regarding case no. 23ZMJV-0008 to consider the requested Special Use and Major Variation, at which the Applicant presented evidence, testimony, and exhibits in support of the Special Use and Major Variation, and at which interested parties were provided the opportunity to provide public comment,; and Page 18 of 25 P3.Page 450 of 642 39-O-23 ~3~ WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC found that the Special Use:: 1. Is one of the listed special uses for the zoning district in which the property lies: The requested performance entertainment venue will be listed under Section 6-9- 2-3 upon the approval of Ordinance 38-O-23, amending the list of special uses in the B1 Business District. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance: The requested performance entertainment venue will be listed under Section 6-9-2-3 upon the approval of Ordinance 38-O-23, amending the list of special uses in the B1 Business District assuming approval of the Item B text amendment. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: No finding of a cumulative effect was concluded. 4. Does not interfere with or diminish the value of property in the neighborhood: The proposed project is an expansion of a valuable community resource. 5. Is adequately served by public facilities and services: Met by public transportation on Chicago Avenue. 6. Does not cause undue traffic congestion: Only the accessory use is proposed to be expanded which does not cause undue traffic congestion. 7. Preserves significant historical and architectural resources: There are none associated with the project. 8. Preserves significant natural and environmental resources: There are none associated with the project. 9. Complies with all other applicable regulations: All have been or will be complied with. WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC found that the Major Variation: 1. The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties: The loading dock will not have a substantial adverse impact. 2. The requested variation is in keeping with the intent of the zoning ordinance: The variation request is modest and keeps the intent of the zoning ordinance. 3. The alleged hardship or practical difficulty is peculiar to the property: The standard has been met because there are means by which it has been operating in the alley. Page 19 of 25 P3.Page 451 of 642 39-O-23 ~4~ 4. The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out: Construction of a loading dock turning radius is not possible, so the standard is met. 5. a. The purpose of the variation is not based exclusively upon a desire to extract additional income from the property, or b. While the granting of a variation will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or the City Council, depending on final jurisdiction under Section 6-3-8-2, has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 - Public Benefits: The applicant has demonstrated that the variation is not for additional income, but a practical request. 0. The alleged difficulty or hardship has not been created by any person having an interest in the property: The property owner did not create the difficulty. 0. The requested variation requires the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variation: It being a single variation, and a modest one, it is believed to be the least deviation. WHEREAS, after making its findings as set forth herein, the LUC recommended approval of the Special Use and Major Variation as requested under case no. 23ZMJV-0008, pursuant to Sections 6-3-4-8, 6-3-5-10, and 6-3-8-12 of the Zoning Ordinance by a vote of eight (8) “yes” votes and zero (0) “no” votes with one (1) absent to the Planning and Development Committee (“P&D Committee”) of the City Council; and WHEREAS, on March 27, 2023, P&D Committee of the City Council held a meeting, in compliance with the provision of the Open Meetings Act, received input from the public, carefully considered the findings and recommendation for approval with conditions of the LUC and recommended approval of the requested Special Use and Major Variation to the City Council; and Page 20 of 25 P3.Page 452 of 642 39-O-23 ~5~ WHEREAS, at its meetings on March 27, 2023 and April 10, 2023, held in compliance with the Open Meetings Act, the City Council considered the aforementioned findings of fact, as amended and outlined herein, and finds it appropriate to grant the Special Use and Major Variation as recommended by the LUC and the P&D Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit, as applied for in zoning case no. 23ZMJV-0008, for a performance entertainment venue. SECTION 3:Pursuant to the terms and conditions of this ordinance, the City Council hereby approves the Major Variation, as applied for in zoning case no. 23ZMJV-0008 as follows: 1. To not provide one (1) loading stall where one (1) is required. SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being a Special Use Permit for a performance Page 21 of 25 P3.Page 453 of 642 39-O-23 ~6~ entertainment venue and Major Variation to not provide one (1) loading stall as requested under zoning case no. 23ZMJV-0008, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit and Major Variation pursuant to Subsections 6-3- 10-5 and 6-3-10-6 of the Zoning Ordinance: 1. The hours of operation for both the Type 1 restaurant, Union Pizzeria, and performance entertainment venue, SPACE, shall be 11:00 a.m. to 11:00 p.m. Sunday through Thursday and 11:00 a.m. to midnight (12:00 a.m.) Friday and Saturday plus New Year’s Eve; 2. The facility will operate within the requirements of Evanston’s Noise Zoning Ordinance; 3. No performance occurring inside the building will be allowed to occur in the outdoor space. There will be no live performances outdoors where the primary purpose of the event is to listen to music. Any outdoor performances shall be accessory in nature and will be held on an infrequent basis, such as when string music or a jazz combo may be proposed for a wedding; 4. Any speakers installed to project sound outside of the building shall be used only for ambient background music during the approved hours of operation; 5. Parking fees shall be paid as required for use of the on-street parking stalls for the purposes of loading and delivery; 6. Any change in ownership of the property located at 1307 Chicago Avenue, where the off-street parking is provided for the performance entertainment venue, shall require an amendment to this Special Use; 7. Composting of any food waste or other compostable materials shall be added to the waste management plans of the property; and 8. Two of the three on-site parking spaces will be made available for performers and their equipment 9. The Applicant shall construct the associated improvements to the Subject Property as described herein, as authorized by the terms of this ordinance in substantial compliance with all applicable City Code requirements and the Applicant's testimony and representations to the City staff attending Design and Project Review, the Land Use Commission, the P&D Committee, and the City Council. 10.The Applicant shall, at their cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Clerk, and provide proof of such recordation to the City prior to issuance of a final Certificate of Occupancy. Page 22 of 25 P3.Page 454 of 642 39-O-23 ~7~ SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees, and successors in interest.” SECTION 6: The City Council may, for good cause shown, waive or modify any conditions set forth in this Ordinance without requiring that the matter return for public hearing. SECTION 7: The Building Official is hereby authorized and directed to issue building permits for the subject property, consistent with the approvals granted herein, provided that all conditions set forth hereinabove have been met and that the proposed construction is in compliance with all other applicable laws and ordinances. This grant of the approvals shall expire and become null and void twenty-four (24) months from the date of passage of this Ordinance unless a building permit to begin construction in accordance with this Ordinance is applied for within said twenty-four (24)-month time period and construction is continuously and vigorously pursued provided, however, the City Council, by motion, may extend the period during which permit application, construction, and completion shall take place. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect Page 23 of 25 P3.Page 455 of 642 39-O-23 ~8~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 11: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 24 of 25 P3.Page 456 of 642 39-O-23 ~9~ EXHIBIT A LEGAL DESCRIPTION LOT 23 OF BLOCK 76 IN THE NORTH HALF OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS 1243 Chicago Avenue, EVANSTON, ILLINOIS. PIN: 11-19-200-003-0000 LOT 24 IN BLOCK 76 IN THE NORTHWESTERN UNIVERSITY SUBDIVISION OF THE NORTHEAST HALF OF THE NORTH HALF, EAST OF CHICAGO AVENUE, OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE 15 ½ ACRES IN THE NORTHEAST CORNER OF SAID TRACT, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS 1245 Chicago Avenue, EVANSTON, ILLINOIS. PIN: 11-19-200-002-0000 Page 25 of 25 P3.Page 457 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Katie Ashbaugh, Planner CC: Sarah Flax, Interim Director of Community Development Liz Willliams, Planning Manager Subject: Ordinance 26-O-23, Granting a Special Use Permit for Outdoor Storage and Open Sales and Approving Major Variations at 2201 Oakton Street Date: March 27, 2023 Recommended Action: The Land Use Commission recommends the adoption of Ordinance 26-O-23 granting a Special Use Permit to allow for outdoor storage and open sales and approving Major Variations pursuant to City Code 6-3-8-4(D), on the property located at 2201 Oakton Street, in the I1 Industrial/Office District and the oRD Redevelopment Overlay District. The applicant has complied with all zoning requirements and meets all of the Standards for Special Use for both districts. CARP: N/A Council Action: For Action Summary: The applicant, Daniel Grove of Kimley Horn, requests the following zoning approvals on behalf of the existing commercial retail store and property owner, The Home Depot, located at 2201 Oakton Street: a Special Use Permit to allow for outdoor storage and o pen sales; a Major Variation to allow the proposed outdoor storage to be located in the front yard where outdoor storage is prohibited; and a Major Variation to not screen the proposed outdoor storage. Outdoor storage is not allowed in the front yard, and it is also required to be screened. On January 17, 2023, staff attending the Design and Project Review meeting found the project modest and appropriate and overall did not have any concerns. Staff acknowledged this request to formally approve the existing conditions of the property and how The Home Depot currently operates. The applicant confirmed that the parking spaces shown to be used for the P4.Page 458 of 642 rental truck storage and the outdoor garden center are accurate and reflect the largest footprint of both uses within the parking lot. No conditions of approval were suggested. On January 25, 2023, the Land Use Commission conducted a public hearing and considered the request. The Commission asked the applicant about the current operations, specifically how internal traffic is managed and how pedestrian safety is considered, as well as the placement of the large rental trucks. The Commission also asked staff about the history of the business operations, specifically how the outdoor storage is more or less an existing condition and why the applicant is making this request now. Staff cited that the operations have evolved over time to where it is now, with occasional complaints over the years, and eventually, recent former elected officials flagged it as a concern to staff. Staff then began working with The Home Depot to coordinate the zoning relief applications the Council is now considering in the draft ordinance so as to get the property into zoning compliance. The Commission ultimately decided upon three conditions of approval, listed below as part of their positive recommendation. The second condition was addressed in the applicant’s submittal materials, and the outdoor storage/parking plan is Exhibit “B” of the draft ordinance. The third condition has been addressed since the public hearing, and the pedestrian and vehicular circulation plan has been attached as Exhibit “C” of the draft ordinance. No additional zoning relief is required, and no exterior changes to the existing building or property are proposed. No comments were received in favor or against the request. Legislative History: March 13, 2023 - The Planning & Development Committee of the City Council unanimously recommended approval of draft Ordinance 26-O-23. January 25, 2023 - The Land Use Commission unanimously recommended approval of the Special Use and the Major Variations with the following conditions: 1. The garden area and equipment rental area are clearly marked within the parking lot; 2. The number of parking spaces devoted to each use, including the garden area to the west and equipment rental area to the east, are specified on plans; and 3. The applicant prepares a pedestrian plan and ingress and egress plan related to pedestrian and vehicular safety as part of materials provided to the City Coun cil. Attachments 1. Draft Ordinance 26-O-23 Special Use for Outdoor Storage and Open Sales, 2201 Oakton Street 2. January 25, 2023, Approved Land Use Commission Meeting Minutes (pgs. 3-7) Attachments: 26-O-23 Granting a SUP and Major Variations to 2201 Oakton Street - Home Depot Page 2 of 12 P4.Page 459 of 642 02/27/2023 26-O-23 AN ORDINANCE Granting a Special Use Permit to Allow for Outdoor Storage and Open Sales and Approving Major Variations Pursuant to City Code 6-3-8- 40(D), on the Property Located at 2201 Oakton Street, in the I1 Industrial/Office District and the oRD Redevelopment Overlay District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and Page 3 of 12 P4.Page 460 of 642 26-O-23 ~2~ WHEREAS, Daniel Grove, PLA, AICP of Kimley Horn and applicant on behalf of the property located at 2201 Oakton Street in the I1 Industrial/Office District and the oRD Redevelopment Overlay requests a Special Use Permit to allow for outdoor storage and open sales on the property and two major variations to allow for the proposed outdoor storage to be located in the front yard where where outdoor storage is prohibited and to not screen the proposed outdoor storage where screening on all sides by an eight-foot-tall solid fence is required; and, WHEREAS, pursuant to Subsection 6-14-2-3, outdoor storage and open sales are both listed as special uses in the I1 Industrial/Office District; and WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notice to all property owners within 500 feet of the Subject Property, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearing on January 25, 2023, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for a Special Use Permit for outdoor storage and open sales, filed as zoning case no.22ZMJV-0087; and WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance, and by a vote of eight (8) “yays” and zero (0) “nays” with one (1) Commissioner absent, recommended City Council approval with conditions of the application for Special Use Page 4 of 12 P4.Page 461 of 642 26-O-23 ~3~ Permit for outdoor storage and open sales with the below findings incorporated into the record: 1. Is one of the listed special uses for the zoning district in which the property Lies: Meets the standard as outdoor storage and open sales are approved special uses in the I1 Industrial/Office District. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: It is an adaptive reuse of a large parking lot in front and so the standard is met. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: The site is surrounded by industrial and retail, there has not been any testimony of encroaching or negative effect upon neighbors and so the standard is met. 4. Does not interfere with or diminish the value of the property in the Neighborhood: It is a continuation of use in an industrial area, so the standard is met. 5. Is adequately served by public facilities and services: Does not apply for this application. 6. Does not cause undue traffic congestion: Oakton Street is a wide street with a large Home Depot parking lot, so the standard is met. 7. Preserves significant historical and architectural resources: The building was built for commercial use in the 1980s so there are no significant historical or architectural resources to consider, so this standard is met. 8. Preserves significant natural and environmental resources: The subject is a parking lot with no resources to preserve, so this standard is met. 9. Complies with all other applicable regulations: The project will bring the applicant into compliance, so the standard is met. WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance, and by a vote of eight (8) “yays” and zero (0) “nays” with one (1) Commissioner absent, recommended City Council approval with conditions of the application for two Major Variations for outdoor storage in the front yard and no screen around the outdoor storage with the below findings incorporated into the record: 1. The requested variations will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties: The site is surrounded by industrial and retail, there has not been any testimony of encroaching or negative effect upon the neighbors, so the standard is met. Page 5 of 12 P4.Page 462 of 642 26-O-23 ~4~ 2. The requested variations is in keeping with the intent of the zoning ordinance: Adaptive reuse of properties and compliance are objectives, so the standard is met. 3. The alleged hardship or practical difficulty is peculiar to the property: Fence placement within the parking lots is unique, so the standard is met. 4. The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out: Rental and gardening services are typical for this type of business and complete screening of it would impact sales, so the standard is met. 5. Either the purpose of the variations is not based exclusively upon a desire to extract additional income from the property, or, while the granting of the variations will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or the City Council, depending on final jurisdiction under Section 6-3-6-3 of this Chapter, has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 of this Chapter: The request does not affect the property value itself, so this standard is met. 6. The alleged difficulty or hardship has not been created by any person having an interest in the property: The building was built in the 1980s and no single person has created a hardship, so this standard is met. 7. The requested variations requires the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variations: The location off to the side lessens the need for additional screening, so the standard is met. WHEREAS, on February 27, 2023, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provision of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered the findings and recommendation for approval with conditions of the LUC, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on February 27, 2023 and March 13, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendations of the LUC and the P&D Committee, received Page 6 of 12 P4.Page 463 of 642 26-O-23 ~5~ additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit, as applied for in zoning case no. 22ZMJV-0087, to allow outdoor storage and open sales. SECTION 3:Pursuant to the terms and conditions of this ordinance, the City Council hereby approves the Major Variations, as applied for in zoning case no. 22ZMJV-0087 as follows: 1. To allow outdoor storage in the front yard. 2. To allow no screening around the outdoor storage. SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being a Special Use Permit for outdoor storage and open sales and Major Variations for outdoor storage in the front yard and no screening around the outdoor storage as requested under zoning case no. 22ZMJV-0087, which may be amended by future ordinance(s), and violation of any of which shall constitute Page 7 of 12 P4.Page 464 of 642 26-O-23 ~6~ grounds for penalties or revocation of said Special Use Permit and Major Variations pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. The garden area and equipment rental area are clearly marked within the parking lot. 2. The outdoor storage and sales be limited to the number of parking spaces devoted to each use, including the garden area to the west and equipment rental area to the east, are specified on the site plan, attached hereto and incorporated by reference herein as Exhibit B. 3. The applicant comply with the pedestrian and vehicular circulation plan, attached hereto and incorporated by referenced herein as Exhibit C. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2023 Approved: Page 8 of 12 P4.Page 465 of 642 26-O-23 ~7~ Adopted: ___________________, 2023 __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 9 of 12 P4.Page 466 of 642 26-O-23 ~8~ EXHIBIT A LEGAL DESCRIPTION LOT 1 IN HOME DEPOT SUBDIVISION EVANSTON, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST IF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 24, 1997, AS DOCUMENT NUMBER 97969559. COMMONLY KNOWN AS 2201 OAKTON STREET, EVANSTON, ILLINOIS. PIN: 10-24-210-049-000 Page 10 of 12 P4.Page 467 of 642 26-O-23 ~9~ EXHIBIT B OUTDOOR STORAGE AND SALES SITE PLAN Page 11 of 12 P4.Page 468 of 642 26-O-23 ~10~ EXHIBIT C PEDESTRIAN AND VEHICLE CIRCULATION PLAN Page 12 of 12 P4.Page 469 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Michael Griffith, Development Planner CC: Sarah Flax, Interim Director of Community Development, Elizabeth Williams, Planning Manager Subject: Ordinance 34-O-23, approving a Special Use and Major Variations for a religious institution at 1801-1805 Church Street. Date: March 27, 2023 Recommended Action: Land Use Commission recommends denial of the requested zoning relief. In late 2020 and early 2021, the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt. Pisgah Ministry, Inc. and Housing Opportunity Development Corporation (HODC) for the redevelopment of the vacant parcels to include a mixed-use building with affordable housing. See Legislative History for additional information. Council Action: For Action Summary: Pastor Clifford Wilson, Mt. Pisgah Ministry, Inc., applicant, requests a Special Use for a use (religious institution) in the oWE West Evanston Overlay District exceeding 10,000 square feet but less than 40,000 square feet (Sections 6-15-15-XVII-B.4 and 6-15-15-XVII-B.6), and the following Major Variations from the Evanston Zoning Code: 1. Reduce required front yard build to the zone from 5’-25’ to 0’ at upper floors (Section 6- 15-15-XVII-A.2), 2. Reduce the required west interior side yard setback from 5’ to 0’ (Section 6-15-15-XVII- A-6), 3. Increase impervious surface coverage from 60% + 20% semi-pervious surface material to 90.3% (Sections 6-15-15-XVII-A.8 and 6-15-15-XVII-A.9), 4. Increase building height from 2 stories or 30’ to 3 stories at 44.0’ to parapet (Section 6- 15-15-XVII-B.1), P5.Page 470 of 642 5. Eliminate the required building stoop base type and provide a storefront base type instead (Section 6-15-15-IV, Table IV.A, and 6-15-15-V-C.4), 6. Provide occupied space behind building parapet cap type where occupied space is not permitted (Section 6-15-15-IV, Table IV.A, and 6-15-15—VI-A.3), 7. Eliminate the required one short loading berth (Section 6 -16-5, Table 16-E), 8. Increase yard obstruction from 10% to 40% into corner side setback for exterior building fins and vertical trellis (Section 6-4-1-9-B.1), and 9. Eliminate the required 3’-4’ tall steel or PVC picket fence around the parking area (6-15- 15-XVIII.B.5) in order to construct a 3-story building for a religious institution with both on-site and leased off-site parking in the B2 Business and oWE West Evanston Overlay Districts. At the November 15, 2022, Design and Project Review Committee, staff comments and concerns raised included: • Green Building Ordinance, Bird Friendly measures, and snow storage/removal apply. • Building foundations at a zero lot line is a concern; the applicant proposes an off -set foundation. Foundation details will be reviewed at the building permit stage. • HVAC equipment on the roof is required to comply with maximum sound level, reviewed at the building permit stage. • Exterior lighting is not permitted to spill over the property line, reviewed at the building permit stage. • An underground vault will provide stormwater management (storage) with stormwater released to the alley, reviewed at the building permit stage. • Parking is a concern. The applicant proposed 14 off -site spaces to be leased. Additionally, the applicant stated they would be able to use parking at ETHS and at nearby churches with agreements from those organizations. • The applicant is encouraged to find areas beyond the contaminated soil to use pebbles/ permeable materials to address impervious surface coverage. • Excavation in the contaminated soil area will require special handling of the soil, reviewed at the building permit stage. The Land Use Commission held public hearings on January 11, 2023, February 8, 2023, and February 22, 2023. The Commission questioned why the requested variations were necessary if a drop-off and loading area in the rear was feasible, concerns with the bulk and height of the building, and parking. The applicant stated the proposed building would help the church fulfill its outreach ministry goals. They have contacted other churches in the neighborhood requesting to use their parking lots as needed. Regarding building height, the applicant noted the proposed building height is less than a typical steeple. Loading can be accommodated on-site depending on timing and the needs of individuals being dropped off. Legislative History: Economic Development Committee 12-02-20 meeting minutes Economic Development Committee 12-02-20 meeting packet, Agenda item 5B Page 2 of 63 P5.Page 471 of 642 Ordinance 4-O-21 Authorizing Sale of City Owned Property Land Use Commission - January 11, 2023, February 8, 2023, and February 22, 2023. Land Use Commission Public Comment Land Use Commission Minutes for February 22, 2023 At the February 22, 2023, meeting, a motion to recommend approval of t he Special Use and Major Variations failed by a vote of 3-5. Ordinance 34-O-23 was introduced at the March 13, 2023 City Council meeting. Attachments: Ordinance 34-O-23 Approving a SUP and Major Variances for 1801-1805 Church St - Mt. Pisgah Applicant's concerns and questions regarding LUC 02-22-23 meeting Page 3 of 63 P5.Page 472 of 642 03/13/2023 34-O-23 AN ORDINANCE Granting a Special Use Permit for a Religious Institution in the oWE West Evanston Overlay District exceeding 10,000 Square Feet but Less than 40,000 Square Feet and Approving Major Variations on the Property Located at 1801-1805 Church Street and 1708-1710 Darrow Avenue in the B2 Business and oWE West Evanston Overlay Districts WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11 -13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and Page 4 of 63 P5.Page 473 of 642 34-O-23 ~2~ WHEREAS, Pastor Clifford Wilson, Mt. Pisgah Ministry Inc., applicant on behalf of the property located at 1801-1805 Church Street and 1708-1710 Darrow Avenue in the B2 Business District and the oWE West Evanston Overlay District requests a Special Use Permit for a religious institution exceeding 10,000 square feet but less than 40,000 square feet and nine major variations to 1) reduce the required front yard build to zone from 5’-25’ to 0’ at upper floors; 2) reduce required west interior side yard setback from 5’ to 0’; 3) increase impervious surface coverage from 60% to 20% semi-pervious surface material to 90.3%; 4); increase building height from 2 stories or 30’ to 3 stories at 44.0’ to parapet; 5) eliminate the required building stoop base type and provide a storefront base type instead; 6) provide occupied space behind building parapet cap where occupied space is not permitted; 7) eliminate the required one short loading berth; 8) increase yard obstruction 10% to 40% into corner side setback for exterior building fins and vertical trellis; and 9) eliminate the required 3’-4’ tall steel or PVC picket fence around the parking area, in order to construct a 3-story building for a religious institution with both on-site and leased offsite parking in the B2 Business and oWE West Evanston Overlay Districts; and, WHEREAS, pursuant to Subsection 6-9-3-2,religious institutions are permitted uses and pursuant to Subsection 6-9-3-3, permitted uses exceeding 20,000 square feet are approved special uses in the B2 Business District; and WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Evanston Review, not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notice to all property owners within 500 feet of the Subject Property, and following the placement of signs on Page 5 of 63 P5.Page 474 of 642 34-O-23 ~3~ the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearings on January 11, 2023, February 8, 2023, and on February 22, 2023, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for a Special Use Permit for a religious institution, filed as zoning case no.22ZMJV-0089; and WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance, and by a vote of three (3) “yays” and five (5) “nays” with one (1) Commissioner absent, moves this matter to City Council with a negative recommendation with the following findings: 1. Is one of the listed special uses for the zoning district in which the property lies: It is a listed special use and therefore the standard is met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: Meets the standard because it develops an undeveloped lot. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: It is not cumulative in that it is replacing an existing church, so the standard is met. 4. Does not interfere with or diminish the value of the property in the Neighborhood: The architectural design will add to the corner, so the standard is met. 5. Is adequately served by public facilities and services: Public facilities are available, so the standard is met. 6. Does not cause undue traffic congestion: Testimony was provided regarding he limited parking plan, the existing parking challenges and the proposed larger church, therefore this standard is not met. 7. Preserves significant historical and architectural resources: The standard is not applicable because it is a new building on an empty lot. 8. Preserves significant natural and environmental resources: The standard is not applicable because it is an empty lot. 9. Complies with all other applicable regulations: This standard is met as it was vetted by staff throughout the process. WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance, Page 6 of 63 P5.Page 475 of 642 34-O-23 ~4~ and by a vote of three (3) “yays” and five (5) “nays” with one (1) Commissioner absent, moved this matter to City Council with a negative recommendation with the below findings incorporated into the record: 1. The requested variations will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties: The church has value in the community, so the standard is met. 2. The requested variations are in keeping with the intent of the zoning ordinance: Meets the standard because it develops an empty lot and meets the zoning code use. 3. The alleged hardship or practical difficulty is peculiar to the property: The standard is met because the lot provides a particular difficulty due to its environmental restriction that does not allow for a basement which is compounded by the West Evanston Overlay District requirements. 4. The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out: The standard is met because of the West Evanston Overlay District requirement. 5. Either the purpose of the variations is not based exclusively upon a desire to extract additional income from the property, or, while the granting of the variations will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or the City Council, depending on final jurisdiction under Section 6-3-6-3 of this Chapter, has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 of this Chapter: The standard is met because it is a religious institution. 6. The alleged difficulty or hardship has not been created by any person having an interest in the property: The standard is met as the lot has been empty for a long period with pre-existing environmental conditions. 7. The requested variations requires the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variations: The overlay district is creating many of the variations standards however a smaller building footprint has not been presented making the standard difficult to meet and therefore it is not met. WHEREAS, on March 13, 2023, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provision of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully Page 7 of 63 P5.Page 476 of 642 34-O-23 ~5~ considered the findings and the negative recommendation of the LUC, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on March 13, 2023 and March 22, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the negative recommendation of the LUC and the P&D Committee, received additional public comment, and made certain findings; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit, as applied for in zoning case no. 22ZMJV-0089, to allow a religious institution. SECTION 3: Pursuant to the terms and conditions of this ordinance, the City Council hereby approves the Major Variations, as applied fo r in zoning case no. 22ZMJV-0089 as follows: 1. Reduce the required front yard build to zone from 5’-25’ to 0’ at upper floors; 2. Reduce required west interior side yard setback from 5’ to 0’; 3. Increase impervious surface coverage from 60% to 20% semi-pervious surface material to 90.3%; Page 8 of 63 P5.Page 477 of 642 34-O-23 ~6~ 4. Increase building height from 2 stories or 30’ to 3 stories at 44.0’ to parapet; 5. Eliminate the required building stoop base type and provide a storefront base type instead; 6. Provide occupied space behind building parapet cap where occupied space is not permitted; 7. Eliminate the required one short loading berth; 8. Increase yard obstruction 10% to 40% into corner side setback for exterior building fins and vertical trellis; and 9. Eliminate the required 3’-4’ tall steel or PVC picket fence around the parking area, in order to construct a 3-story building for a religious institution with both on-site and leased offsite parking in the B2 Business and oWE West Evanston Overlay Districts. SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being a Special Use Permit for a religious institution and Major Variations listed above as requested under zoning case no. 22ZMJV-0089, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit and Major Variations pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. Compliance with Applicable Requirements: The applicant shall develop and operate the use authorized by the terms of this ordinance in substantial compliance with the following: the terms of the ordinance; the Development Plan in Exhibit #, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant's testimony and representations to the Design and Project Review Committee, the Land Use Commission, the Planning & Development Committee, and the City Council. 2. Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the building permit. The CMP must include but is not limited to the following: coordination of construction activity with the proposed HODC project at 1811-1815 Church Street, water and sewer utility connections, construction staging plan, on-street and on-site construction parking restrictions, hours of operation, a plan including cross sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including weekly reporting of seismographs for the duration of construction, submittal of environmental testing report prior to Page 9 of 63 P5.Page 478 of 642 34-O-23 ~7~ construction, visibility diagram for all construction site access points, proposed schedule for street opening for utility connections with cross section details, and project updates via monthly newsletter and project website. 3. Construction Schedule: Pursuant to Subsectio n 6-3-5-15 of the Zoning Ordinance, no special use permit granted shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is thereafter pursued to completion, or unle ss a certificate of occupancy is issued and a used commenced within that period or unless a longer time is requested and granted by the City Council. 4. Green Building Ordinance: The Applicant agrees to comply with the City of Evanston Green Building Ordinance. 5. Bird Friendly Measures: The Applicant agrees to comply with the City of Evanston Bird Friendly Ordinance. 6. Approval of a plat of subdivision and recording of the approved plat of subdivision establishing new property lines related to the proposed HODC project at 1811- 1815 Church Street. 7. The rooftop trellis/canopy is to be open to the sky/weather. 8. Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment shall meet the maximum permitted sound level at the property line. 9. Public Works Agency review and approval for new street trees and benches located within the parkway along Darrow Avenue. 10. Parking Services and Public Works Agency review and approval for proposed on-street loading zone. 11. A photometric plan is required for exterior lighting showing light levels at the property line. Exterior lighting is not permitted to glare or spill over onto adjacent properties. 12. Excavation of contaminated soil due to construction activity shall comply with applicable Federal, State, and local environmental protection regulations. 13. Provide the City with a copy of a lease for 14 parking spaces located at the Y.O.U. parking lot at the southeast corner of Church Street and Dodge Avenue, site owned by School District #202 prior to Temporary Certificate of Occupancy (TCO). 14. Explore using pervious pavers or similar materials where possible beyond the contaminated soil area in addition to the on-site parking area. Page 10 of 63 P5.Page 479 of 642 34-O-23 ~8~ 15. Replace any sidewalk displaced during construction . 16. Reduce exterior trellis depth along the east elevation from 3’ to 2’. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: Approved as to form: Page 11 of 63 P5.Page 480 of 642 34-O-23 ~9~ _______________________________ Stephanie Mendoza, City Clerk ______________________________ Nicholas E. Cummings, Corporation Counsel Page 12 of 63 P5.Page 481 of 642 34-O-23 ~10~ EXHIBIT A LEGAL DESCRIPTION LOTS 9, 10, 11 AND THE EAST HALF OF LOT 12 IN BLOCK 3, IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41. COMMONLY KNOWN AS 1801-1805 CHURCH STREET AND 1708-1710 DARROW AVENUE, EVANSTON, ILLINOIS. PINS: 10-13-220-031-0000 10-13-220-032-0000 10-13-220-040-0000 10-13-220-041-0000 10-13-220-035-0000 Page 13 of 63 P5.Page 482 of 642 34-O-23 ~11~ EXHIBIT B DEVELOPMENT PLAN Page 14 of 63 P5.Page 483 of 642 MOUNT PISGAH 1805 Church St, Evanston, IL 60201Page 15 of 63 P5.Page 484 of 642 CONTEXT Page 16 of 63 P5.Page 485 of 642 MOUNT PISGAH 1805 Church St, Evanston, IL 60201A00112.23.20223Page 17 of 63 P5.Page 486 of 642 PROJECT SITE1805 CHURCH ST.URBAN CONTEXT PLAN - EVANSTON, ILNA00212.23.20224Page 18 of 63 P5.Page 487 of 642 URBAN CONTEXT - EVANSTON, ILNPROJECT SITE1805 CHURCH ST.A00312.23.20225Page 19 of 63 P5.Page 488 of 642 CONTAMINATED SOILSNA00412.23.2022YELLOW AREA INDICATES THE EXISTING BOUNDARY OF(33’x95’) THE EPA ENGINEERED BARRIER. THE EXISTING EPA ENGINEERED BARRIER IS TO BE REMOVED AND REPLACED WITH A NEW ENGINEERED BARRIER.6Page 20 of 63 P5.Page 489 of 642 EXISTING SUNDAY MORNING PARKINGNA00512.23.2022VACANT 1805 LOTSTREET PARKINGY.O.U. LOTDISTANCE TO CHURCH : 322 FT.WALKING TRAVEL TIME : 1 MIN.ELEVATION: FLATCROSS WALKEXISTINGBUS STOPDODGE & DAVISBUS STOPCHURCH & DODGEMT. PISGAHEXISTING7Page 21 of 63 P5.Page 490 of 642 PROPOSED SUNDAY MORNING PARKINGNA00612.23.2022ONSITE PARKING PARKING SPACES : 7Y.O.U. LOTPARKING SPACES : ADDITIONAL 14DISTANCE TO CHURCH : 465 FT.WALKING TRAVEL TIME : 1.5 MIN.ELEVATION: FLATE.T.H.S. LOTPARKING SPACES : ADDITIONAL 14DISTANCE TO CHURCH : 1,100 FT.WALKING TRAVEL TIME : 4 MIN.ELEVATION: FLATCROSS WALK(EXISTING)BUS STOPDODGE & DAVISBUS STOPCHURCH & DODGEPEDESTRIAN TRAVEL PATH21 REQUIRED PARKING SPACESMT. PISGAHPROPOSED8Page 22 of 63 P5.Page 491 of 642 SITE DESIGN Page 23 of 63 P5.Page 492 of 642 12.23.202210Page 24 of 63 P5.Page 493 of 642 12.23.202211Page 25 of 63 P5.Page 494 of 642 12.23.202212Page 26 of 63 P5.Page 495 of 642 LANDSCAPE ELEMENTSACER SACCHARUM GREEN MOUNTAINSUGAR MAPLE “RED”CANOPY TREE - GROUP AMATURE HEIGHT: 60 FT.MATURE SPREAD: 45 FT.QUANTITY - 6ALT-1 : DARROW AVENUEBUXUS SINICA VAR. INSULARISWINTERGREEN BOXWOOD HEDGEHEIGHT: 2’-6” MAINTAINED MAX. HEIGHTSPREAD: 3-5 FT.TILIA CORDATALITTLELEAF LINDENCANOPY TREE - GROUP BMATURE HEIGHT: 60 FT.MATURE SPREAD: 40 FT.QUANTITY - 3ALT-1 : CHURCH STREETRONINIA PSEUDOACACIABLACK LOCUSTCANOPY TREE - GROUP CMATURE HEIGHT: 40-80 FT.MATURE SPREAD: 20-30 FT.QUANTITY - 9ALT-2 : CHURCH STREET & DARROW AVENUESD10412.23.202213Page 27 of 63 P5.Page 496 of 642 BLACK MEXICAN BEACH PEBBLESLANDSCAPE ELEMENTSSD10512.23.202214Page 28 of 63 P5.Page 497 of 642 SLATTED STREETSCAPE BENCHSD10612.23.202215Page 29 of 63 P5.Page 498 of 642 FLOOR PLANS Page 30 of 63 P5.Page 499 of 642 12.23.202217Page 31 of 63 P5.Page 500 of 642 12.23.202218Page 32 of 63 P5.Page 501 of 642 EUONYMUS ALATUS ‘COMPACTA’“BURNING BUSH”ALT. B12.23.2022PERENNIAL GRASS CRATAEGUS MONOGYNA“DWARF HAWTHORN”PYRAMIDAL NARROW WIDTH ARBORVITAE“HOLMSTRUP”MALUS SPP.“CRABAPPLE”19Page 33 of 63 P5.Page 502 of 642 12.23.202220Page 34 of 63 P5.Page 503 of 642 ROOFTOP MECHANICAL EQUIPMENT SCREENA10512.23.2022211/8"X3/4" AL FB RIBS TYPICAL6061-T6EXTRUDED ALUMINUM LOUVERS TYP.6063-T62-1/4"X7/8"X1/8" AL CHANNEL6061-T63"X1/8" SQ. TUBEALUMINUM POST, TYP. 6063-T68"X8"X5/8" ALUMINUMBASE PLATE, TYP. PLAN VIEWTYPICAL PANEL ELEVATIONGRADEVARIES (5'-0" ON CENTER MAX. POST SPACING)4"±6'-0"5'-712"EQEQEQ12" OVERLAP TYP.238" TYP.GRADE4"±6'-0"3/8Ø HOLES FOR5/16"Ø STAINLESS STEEL SHEET METALSCREWS1/8"X3/4" AL FB RIBS TYPICAL6061-T6EXTRUDED ALUMINUM LOUVERS TYP.6063-T62-1/4"X7/8"X1/8" AL CHANNEL6061-T62116"1'-434"1'-434"1'-434"178" FACE TO CL OF HOLES5'-712"Page 35 of 63 P5.Page 504 of 642 ELEVATIONS/ SECTIONSPage 36 of 63 P5.Page 505 of 642 12.23.202223Page 37 of 63 P5.Page 506 of 642 12.23.202224Page 38 of 63 P5.Page 507 of 642 12.23.202225Page 39 of 63 P5.Page 508 of 642 12.23.202226Page 40 of 63 P5.Page 509 of 642 A20512.23.202227Page 41 of 63 P5.Page 510 of 642 12.23.202228Page 42 of 63 P5.Page 511 of 642 MATERIALSPage 43 of 63 P5.Page 512 of 642 MATERIAL PRECEDENTS FROM OUR NEIGHBORHOODS: EVANSTON & WILMETTEA40112.23.2022Kellogg School of Management: Northwestern University Vertical Translucent Glass Fins, Shading DeviceSegal Visitors Center: Northwestern UniversityLimestone Panels and Vision GlassWalter Athletics Center: Northwestern UniversityVision Glass Wall with Horizontal Metal / Aluminum Shading Device. Limestone Panels30Page 44 of 63 P5.Page 513 of 642 MATERIAL PRECEDENTS FROM OUR NEIGHBORHOODS: EVANSTON & WILMETTEA40212.23.2022Kellogg School of Management: Northwestern UniversityApplication of Wooden Public Benches, Canopy Tree along the glazing facade and concrete sidewalkRyan Fieldhouse & Walter Athletics Center: Northwestern University: Vertical Aluminum / Metal Shading Device for the eastern facadeSegal Visitors Center: Northwestern UniversityVertical Shading Device, Tefl on Coated Acrylic Canvas31Page 45 of 63 P5.Page 514 of 642 MATERIAL PRECEDENTS FROM OUR NEIGHBORHOODS: EVANSTON & WILMETTEA40312.23.2022Gillson Park Beach House: Wilmette, ILWeathered Larch Wood Trellis Shell over poured in place concrete structure.Gillson Park Beach House: Wilmette, ILWeathered Larch Wood Trellis with cascading lights.Kellog Shool of Management: Northwestern UniversityApplication of Wood Panels under EavesYouth & Opportunity United / Y.O.UApplication of a Metal Panels32Page 46 of 63 P5.Page 515 of 642 EXTERIOR MATERIALSVERTICAL SHADING SCREENWEATHERED LARCHEXTERIOR CLADDINGMETAL PANELING, G.F.R.C OR EQ.A40412.23.202233Page 47 of 63 P5.Page 516 of 642 VERTICAL SHADING FINSFRITTED GLAZING - TEMPERED LAMINATEDSOFFITSTAINED CEDAREXTERIOR MATERIALSA40512.23.202234Page 48 of 63 P5.Page 517 of 642 BIRD FRIENDLYDESIGN Page 49 of 63 P5.Page 518 of 642 BIRD FRIENDLY BUILDING DESIGN STRATEGIESA40612.23.2022VERTICAL SHADING SCREENFRITTED GLAZINGFRITTED GLAZING SCREENPORTICO - SHADED GLAZING TO REDUCE REFLECTIONSHADING SCREEN36Page 50 of 63 P5.Page 519 of 642 DETAILS Page 51 of 63 P5.Page 520 of 642 A50112.23.202238Page 52 of 63 P5.Page 521 of 642 SITE DATAPage 53 of 63 P5.Page 522 of 642 AREA SUMMARY073,6*$+%8,/',1*$5($*URVV6) +DOOZD\(OHYDWRU6WDLUV/REE\ 0HFKDQLFDO 6DQFWXDU\ &ODVVURRPV *DWKHULQJ 5HVWURRPV .LWFKHQ *UHHQ5RRP 2IILFHV 2WKHU ([WHULRU6SDFH)LUVW)ORRU 6HFRQG)ORRU 0H]]DQLQH 5RRIWRS7HUUDFH 7RWDO *6)$SSOLFDEOHWR)$5)LUVW)ORRU 6HFRQG)ORRU 0H]]DQLQH 5RRIWRS7HUUDFH /RW6L]H )$5 A60112.23.202240Page 54 of 63 P5.Page 523 of 642 PERSPECTIVES Page 55 of 63 P5.Page 524 of 642 EXTERIOR PERSPECTIVE - EVENING VIEWA70112.23.202242Page 56 of 63 P5.Page 525 of 642 EXTERIOR PERSPECTIVE - DAYLIGHT VIEWA70212.23.202243Page 57 of 63 P5.Page 526 of 642 INTERIOR PERSPECTIVEA70312.23.202244Page 58 of 63 P5.Page 527 of 642 EXTERIOR PERSPECTIVE - EVENING VIEWA70412.23.202245Page 59 of 63 P5.Page 528 of 642 EXTERIOR PERSPECTIVE - EVENING VIEWA70512.23.202246Page 60 of 63 P5.Page 529 of 642 MOUNT PISGAH 1805 Church St, Evanston, IL 60201Page 61 of 63 P5.Page 530 of 642 02.27.2023 Concerns and Questions regarding the Standard Rules and Procedures of LUC on 2/22/2023 Dear Michael: We would like to address concerns and questions regarding the standard Rules & Procedures pertaining to the last Land Use Commission public hearing held on February 22nd, 2023 for 1801-1805 church Street, Special Use and Major Variations, 22ZMJV-0089. Memorandum agenda, (Draft Text Amendment - LUC PACKET 02223 180118.pdf) prepared by the City Planner, listed the nine major variations requests from the applicant of which the first seven items were due to the oWE West Evanston Overlay Districts regulations and the remaining two items were not related to the oWE. (1801-1805 church Street - Page 12 of 15, Page 13 of 15, Memorandum, February 16, 2023) Our concerns are: ●LUC omitted to discuss the mentioned nine major variation requests item-by-item. ●LUC started questioning hypothetical situations which had nothing to do with the listed variation items. (at 2:08:40, Land Use Commission Meeting 2-22-2023, YouTube) Commissioner Halik’s series of “IF” questions and the “size” inquiries of the program-volume related issues seemed to initiate and determine the flow and tone of the evaluation outside of the intended scope of the packet in the beginning of the hearing. ●Commissioner Halik introduced, then, the issues of “finance” and “parking” (at 2:23:20, YouTube). The mentioned “finance” issue was, we believe, clearly out of the scope of LUC hearing. It was even pointed out by Commissioner Putchel. (at 2:25:00, YouTube) Moreover,“parking” was not in the list of the major variations items requested. ●Commissioner Halik again reintroduced the issue of “finance” and “parking” (at 3:03:47) and continued further to challenge the existing parking requirement ordinances. At this point, the staff replied “noted” and did not remind him that the requirement was met with a condition, and it was not in the list of variation requests. ●Commissioner Mirintchev followed up the issue of “balkiness” and “parking” (at 3:06:32). ●Commissioner Westberg followed up with the issues “size,” “parking,” and “finance.” (at 3:07:07). ●We were informed later that “Financing” and “Parking” issues were the major determinants to vote down the Mt Pisgah’s major variations requests by 5 to 3. We were perplexed, to say the least, considering that the “Financial” issue was out of scope and the “Parking” issue was not even in the list of variation request items. These issues seem to be in the category of "conditions" rather than to be counted as the critical factors. Page 62 of 63 P5.Page 531 of 642 Evanston Land Use Commission Rules & Procedures states that in the ARTICLE IX - RECOMMENDATIONS & FINAL DETERMINATIONS Section 2 - FINAL DETERMINATION VOTE that “The Commission is the final determining body for the following cases: 1. Major Variations (notwithstanding Certain Major Variations as described in Section 3 below) 2. Appeal of Minor and/or Fence Variations 3. Appeal of Decisions made by the Zoning Administrator” (Page 13 of 17, Evanston Land Use Commission Rules & Procedures). For the last two meetings, there had been hardly any fair and adequate time spent to go through the listed variations requests for the Mt Pisgah proposal. The flow of the LUC public hearing, however, seemed to ignore the standard procedure and rules for the anticipated evaluation, which may usually require item-by-item attentions and discussions. Instead, LUC focused upon a series of hypothetical conditions that led to emphasize the issues of “finance.” Moreover, the issue of “parking” was, we address it here again, recommended by Department Staff with a condition that “Provide the City with a copy of a lease for 14 parking spaces located at the Y.O.U. parking lot at the southeast corner of Church Street and Dodge Avenue, site owned by School District #202 prior to TCO.”This item was not even in the listed variation requests in the packet. Lastly, but importantly, there seems to be no ordinances to obligate applicants to secure the “financial” evidence prior to a private non-profit organization proposal, i.e. Mt Pisgah Church, for the zoning application. We hope that the members of Department Staff and the City Council will understand our concerns regarding the possible negligence in the discipline of applying the standard rules and procedures during the LUC public hearing on February 22nd, 2023. Sincerely, Ben Kim Suzuki Partner, Design Principal +1 (847) 998-4659 SUZUKI+KIDD AIA, NCARB, LEED AP BD+C Page 63 of 63 P5.Page 532 of 642 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of the Planning and Development Committee From: Michael Griffith, Development Planner CC: Sarah Flax, Interim Director of Community Development, Elizabeth Williams, Planning Manager Subject: Ordinance 35-O-23, approving Major Variations for the construction of a new 4-story mixed-use building at 1811-1815 Church Street. Date: March 27, 2023 Recommended Action: Land Use Commission recommends approval of Ordinance 35 -O-23 approving Major Variations from the Evanston Zoning Code to allow for the construction of a new 5-story mixed- use building with ground floor retail, 44 dwelling units above, 46 on -site vehicle parking and 26 bike parking spaces at 1811-1815 Church Street, HODC, in the B2 Business and oWE West Evanston Overlay Districts. In late 2020 and early 2021, the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt. Pisgah Ministry, Inc. and Housing Opportunity Development Corporation (HODC) for the redevelopment of the vacant parcels to include a mixed-use building with affordable housing. See Legislative History for additional information. CARP: N/A Council Action: For Action Summary: The applicant applies for the following Major Variations from the Evanston Zoning Code: 1. Reduce the required front yard build to the zone from 5’-10’ to 0’, 2. Reduce the required west and east interior side yard setbacks from 5’ to 0’, 3. Reduce the required rear yard setback from 5’ to 2.5’, P6.Page 533 of 642 4. Increase the maximum permitted impervious surface coverage from 90% + 5% semi - pervious surface area to 99.7% of lot area, 5. Increase the maximum permitted building height from 3 stories and 47’ to 5 stories and 57.7’, 6. Eliminate the required 8’ ziggurat setback at the 3rd story, and 7. Eliminate the required one short loading berth. At the November 15, 2022, Design and Project Review Committee meeting, staff comments and concerns raised included: • Green Building Ordinance, Bird Friendly, and rental registration all apply. • Building foundations at a zero lot line is a concern; the applicant proposes an off -set foundation. Foundation details will be reviewed at the building permit stage. • Stormwater management (storage) will be provided by an underground vault with stormwater released to the storm sewer in the alley. • Grade change between the front and rear of the property is a concern. The applicant proposes addressing the grade change by the parking ramp and stairs/elevators. Elevators will have both front and rear doors, depending on the floor level. These details will be reviewed at the building permit stage. • Snow is not permitted to be plowed to the alley. The Land Use Commission held public hearings on January 11, 2023, Februa ry 8, 2023, and February 22, 2023. Commissioners had questions related to the types of tenants and how they are selected, sustainability features, ownership and whether the property would remain on the tax roll, how construction activities are managed specifically as it related to adjacent properties, stormwater management, the location of where other affordable dwelling units are being built, the challenges faced with building affordable housing, loading and drop -off activities, and the bulk of the proposed building. The applicant stated all tenants must meet income requirements based on area median income and family size and go through an application process that in part includes credit and criminal background checks and an interview. A few dwelling units are set aside for people with disabilities. The applicant stated he expects there will be a waiting list. The building will include high-efficiency furnaces and appliances, and they will apply for national Green Building standard certification. The property will not be tax-exempt. Sarah Flax, Interim Community Development Director, stated approximately 55 affordable dwelling units had been constructed mostly through planned developments by way of the Inclusionary Housing Ordinance and are located mostly in the downtown area. She also noted 60 dwelling units located on Howard Street west of Ridge Avenue and other projects not yet built that would include on-site affordable dwelling units. She stated challenges faced with building affordable housing are due in large part to available land. Staff stated a Construction Management Plan would be required, and the plan will need to address potential impacts to adjacent properties. Staff also stated underground storage vaults would address stormwater management. Page 2 of 25 P6.Page 534 of 642 Public comment included those in favor and those opposed to the proposed project. At the March 13, 2023, City Council meeting, a motion to amend the request was approved and included a reduction in height from 5 stories and 57.7' to 4 stories and 47' and a reduction in the number of dwelling units from 44 to 33. On March 17, 2023, the applicant submitted revised plans which are attached in the amended Ordinance 35-O-23, Exhibit B. The amendments resulted in the following revisions to the plans: • Building height reduced from 5 stories and 57.7' to 4 stories and 47' to top of parapet; 3 stories and 47' is the max height permitted; • Dwelling unit count reduced from 44 to 33: o 1-bedroom units: 12 (reduced by 1 from previous) o 2-bedroom units: 10 (reduced by 10 from previous) o 3-bedroom units: 11 (same as before) • Retail square footage reduced from 3,537 to 1,233 and occupies approximately 1/3 of the ground floor street frontage at the southeast corner; • Street façade maintains the typical storefront look but parking is now proposed behind the west side of the ground floor and includes a door from the sidewalk into the garage; • Bike room reduced in size; • Roof deck reduced by approximately half • Parking is on one level with a 2-way entrance/exit and a separate exit only off the alley; the previous plan had 2 full access garage entrances/exits; • Parking reduced from 46 spaces to 33 spaces, 31 spaces required. In addition, staff has updated the legislative history below to include links to the Land Use Commission packet which includes the traffic study as requested by members of the City Council. Legislative History: Economic Development Committee 12-02-20 meeting minutes Economic Development Committee 12-02-20 meeting packet, Agenda item 5B Ordinance 4-O-21 Authorizing Sale of City-Owned Property Land Use Commission Packet - January 11, 2023 (starts on PDF page 317), February 8, 2023, and February 22, 2023. Land Use Commission Minutes from February 22, 2023 Land Use Commission Public Comment At the February 22, 2023, meeting, the Land Use Commission recommended approval by a vote of 4-3, subject to the following conditions: 1. Approval of a plat of subdivision establishing new property lines. Page 3 of 25 P6.Page 535 of 642 2. Compliance with Green Building and Bird Friendly Ordinances. 3. Compliance with rental registration requirements. 4. Rooftop mechanical equipment to comply with the maximum permitted sound level at the property line. The applicant is encouraged to use equipment that does not need sound attenuation modifications. 5. If exterior lighting is proposed, a photometric plan is required at the time of building permit submittal showing light levels at the property line. Exterior lighting is not to glare or spill over onto adjacent properties. 6. Parking Services and Public Works Agency approval for the on-street loading zone. 7. Replace any sidewalk displaced during construction. 8. Provide Stop control and stop bar at the access drives for northbound site traffic exiting onto the alley along the north side of the development site. 9. Provide bike storage/racks for both residents and commercial uses in the HODC project. 10. Run an AutoTurn to examine turning operations at the new access drive. 11. Approval of a Construction Management Plan (CMP) to address potential impacts to 1817 Church Street and in coordination with adjacent properties. Neighboring properties should be kept informed and involved in the development of the CMP. At the March 13, 2023, meeting, the Planning & Development Committee recommended approval with the following amendments: 1. Increase the maximum permitted building height of 3 stories and 47’ to 4 stories and 47’ 2. Reduce the requested number of dwelling units from 44-units to 33-units 3. HODC shall work with the Preservation Commission prior to demolition to review the construction management plan, photo documentation of existing conditions, and a report issued by a certified structural engineer that documents measures taken to ensure the proposed construction activities will not have a structural impact on the landmarked building at 1817 Church Street. HODC will also ensure that the development complies with Chapter 4-13, Floodplain Regulations, of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District, prior to the issuance of any building permits. Attachments: Ordinance 35-O-23 Approving Major Variations at 1811-1815 Church St - as amended 3.13.2023 Page 4 of 25 P6.Page 536 of 642 03/13/2023 03/27/2023 35-O-23 AN ORDINANCE Approving Major Variations on the Property Located at 1811-1815 Church Street and 1708-1710 Darrow Avenue in the B2 Business and oWE West Evanston Overlay Districts WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and, WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11 -13-1, et seq.) grants each municipality the power to establish zoning regulations; and, WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, Richard Koening, Housing Opportunity Development Corporation (HODC), applicant on behalf of the property located at 1811-1815 Church Page 5 of 25 P6.Page 537 of 642 35-O-23 ~2~ Street and 1708-1710 Darrow Avenue in the B2 Business District and the oWE West Evanston Overlay District requests seven major variations to 1) reduce the required front yard build to zone from 5’-10’ to 0’; 2) reduce the required west and east interior side yard setbacks from 5’ to 0’; 3) reduce the required rear yard setback from 5’ to 2.5’; 4) increase the maximum permitted impervious surface coverage from 90% + 5% semi- pervious surface area to 99.7% of lot area; 5) increase the maximum permitted building height of 3 stories and 47’ to 5 stories and 57.7’; 6) eliminate the required 8’ ziggurat setback at the 3rd story; and 7) eliminate the required one short loading berth, in order to construct a 5-story mixed-use building with ground floor retail, 44 dwellings, and on-site parking in the B2 Business and oWE West Evanston Overlay Districts; and, WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Evanston Review, not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notice to all property owners within 500 feet of the Subject Property, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted a public hearings on January 11, 2023, February 8, 2023, and on February 22, 2023, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application for a Special Use Permit for a religious institution, filed as zoning case no.22ZMJV-0092; and WHEREAS, the LUC received extensive testimony, heard public comment, and made findings pursuant to Subsection 6 -3-5-10, of the Zoning Ordinance, and by a vote of four (4) “yays” and three (3) “nays” with one (1) Commissioner absent, Page 6 of 25 P6.Page 538 of 642 35-O-23 ~3~ and one (1) Commissioner abstaining, recommends the approval to the City Council with the following findings: 1. The requested variations will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties: The standard is met through a balance of community benefits. 2. The requested variations are in keeping with the intent of the zoning ordinance: The use is allowed in the zoning district and meets the Comprehensive Plan goal to develop empty lots, so the standard is met. 3. The alleged hardship or practical difficulty is peculiar to the property: The lot is owned by the City with redevelopment of an iconic building for a mixed -use project stated as the goal. Testimony confirming the redevelopment goals and considering that the financing requires a larger lot for the proposed program deems it peculiar to the property, so the standard is met. 4. The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out: The number of variances could be reduced if smaller units were proposed, but then the family housing goals would no t be met. However, no alternatives have been presented to the commission, so this standard is met. 5. Either the purpose of the variations is not based exclusively upon a desire to extract additional income from the property, or, while the granting of the variations will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or the City Council, depending on final jurisdiction under Section 6-3-6-3 of this Chapter, has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 of this Chapter: There are multiple goals accomplished with this project and therefore the standard is met. 6. The alleged difficulty or hardship has not been created by any person having an interest in the property: The lot has been vacant for years and so the standard is met. 7. The requested variations require the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variations: The proposal is not the least deviation, however, there have been agreed upon changes to the rear setback, so the standard is met. WHEREAS, on March 13, 2023, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provision of the Page 7 of 25 P6.Page 539 of 642 35-O-23 ~4~ Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered the findings and the recommendation of the LUC, and recommended approval thereof by the City Council with the following amendments to the request: 1. Increase the maximum permitted building height of 3 stories and 47’ to 4 stories and 47’; and 2. Reduce the requested number of dwelling units from 44-units to 33-units; and WHEREAS, at its meetings on March 13, 2023 and March 22, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the LUC and the P&D Committee, received additional public comment, and made certain findings, and recommended the following condition of approval be added to those recommended by the LUC: 1. HODC shall work with the Preservation Commission prior to demolition to review the construction management plan, photo documentation of existing conditions, and a report issued by a certified structural engineer that documents measures taken to ensure the proposed construction activities will not have a structural impact on the landmarked building at 1817 Church Street. HODC will also ensure that the development complies with Chapter 4- 13, Floodplain Regulations, of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District, prior to the issuance of any building permits.; and WHEREAS, the applicant submitted revised development plans (Exhibit B) to reflect the amendments recommended by P&D Committee and City Council on March 13, 2023; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124). Page 8 of 25 P6.Page 540 of 642 35-O-23 ~5~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby approves the Major Variations, as applied for in zoning case no. 22ZMJV-0092 as follows: 1. Reduce the required front yard build to zone from 5’-10’ to 0’; 2. Reduce the required west and east interior side yard setbacks from 5’ to 0’; 3. Reduce the required rear yard setback from 5’ to 2.5’; 4. Increase the maximum permitted impervious surface coverage from 90% to 5% semi-pervious surface area to 99.7% of lot area; 5. Increase the maximum permitted building height of 3 stories to and 47’ to 5 4 stories and 57.7’ 47’; 6. Eliminate the required 8’ ziggurat setback at the 3rd story; and 7. Eliminate the required one short loading berth, in order to construct a 5 -story mixed-use building with ground floor retail, 44 33 dwellings, and on-site parking in the B2 Business and oWE West Evanston Overlay Districts. SECTION 3: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being Major Variations listed above as requested under zoning case no. 22ZMJV-0092, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Major Variations pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. Compliance with Applicable Requirements: The applicant shall develop and operate the use authorized by the terms of this ordinance in substantial compliance with the following: the terms of the ordinance; the Development Plan in Exhibit #, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant's testimony and representations to the Design and Project Review Committee, the Land Use Commission, the Planning & Development Committee, and the City Council. Page 9 of 25 P6.Page 541 of 642 35-O-23 ~6~ 2. Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the building permit. The CMP must include but is not limited to the following: address construction impacts to neighboring property at 1817 Church Street, is to be shared with 1817 Church Street, and coordinates construction activity with the proposed Mt. Pisgah project at 1801 -1805 Church Street, water and sewer utility connections, construction staging plan, on-street and on-site construction parking restrictions, hours of operation, a plan including cross sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including weekly reporting of seismographs for the duration of construction, submittal of environmental testing report prior to construction, visibility diagram for all construction site access points, proposed schedule for street opening for utility connecti ons with cross section details, and project updates via monthly newsletter and project website. 3. Green Building Ordinance: The Applicant agrees to comply with the City of Evanston Green Building Ordinance. 4. Bird Friendly Measures: The Applicant agrees to comply with the City of Evanston Bird Friendly Ordinance. 5. Rental Registration: The Applicant agrees to comply with the City of Evanston rental registration requirements. 6. Approval of a plat of subdivision and recording of the approved plat of subdivision establishing new property lines related to the proposed HODC project at 1811-1815 Church Street. 7. Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment shall comply with the maximum permitted sound level at the property line. The applicant is encouraged to use equipment that does not need sound attenuation modifications. 8. Public Works Agency review and approval for new street trees and benches located within the parkway along Darrow Avenue. 9. Parking Services and Public Works Agency approval for proposed on-street loading zone. 10. A photometric plan is required for exterior lighting showing light levels at the property line. Exterior lighting is not permitted to glare or spill over onto adjacent properties. 11. Replace any sidewalk displaced during construction. Page 10 of 25 P6.Page 542 of 642 35-O-23 ~7~ 12. Provide Stop control and stop bar at the access drives for northbound site traffic exiting onto the alley along the north side of the development site. 13. Provide bike storage/racks for both residents and commercial uses in the HODC project. 14. Run an AutoTurn to examine turning operations at the new access drive. 15. HODC shall work with the Preservation Commission prior to demolition to review the construction management plan, photo documentation of existing conditions, and a report issued by a certified structural engineer that documents measures taken to ensure the proposed construction activities will not have a structural impact on the landmarked building at 1817 Church Street. HODC will also ensure that the development complies with Chapter 4- 13, Floodplain Regulations, of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District, prior to the issuance of any building permits. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise inva lid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Page 11 of 25 P6.Page 543 of 642 35-O-23 ~8~ SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Page 12 of 25 P6.Page 544 of 642 35-O-23 ~9~ Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 13 of 25 P6.Page 545 of 642 35-O-23 ~10~ EXHIBIT A LEGAL DESCRIPTION LOTS 9, 10, 11 AND THE EAST HALF OF LOT 12 IN BLOCK 3, IN MERRILL LADD’S SECOND ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41. COMMONLY KNOWN AS 1811-1815 CHURCH STREET AND 1708-1710 DARROW AVENUE, EVANSTON, ILLINOIS. PINS: 10-13-220-031-0000 10-13-220-032-0000 10-13-220-040-0000 10-13-220-041-0000 10-13-220-035-0000 Page 14 of 25 P6.Page 546 of 642 35-O-23 ~11~ EXHIBIT B DEVELOPMENT PLAN Page 15 of 25 P6.Page 547 of 642 CHURCH STREET 16' PUBLIC CONC. ALLEY DARROW AVENUE105.40' 105.40' PROPOSED CHURCH BUILDING - SEPARATE OWNER - NOT IN SCOPE EXISTING MASONRY BUILDING - PARKING ENTRANCE PROPOSED 4-STORY RESIDENTIAL BUILDING 160.60'160.60'EXISTING CONC. WALK, TO REMAIN PROPOSED REPLACEMENT OF TWO (2) STREET PARKING STALLS FOR A SHARED LOADING / DROP- OFF ZONE NOTE: SITE AREA = 16,700 SF GROSS BUILDING AREA = 42,288 SF GROSS PARKING AREA = 13,061 SF EXISTING STREET PARKING TO REMAIN EXISTING STREET PARKING TO REMAIN NON-ROOFED AREA -OPEN TO PARKING BELOWNON-ROOFED AREA -OPEN TO PARKING BELOW5'H FENCE SIDE SETBACK = 1" REAR SETBACK = 2' -6'' 0"SIDE SETBACK = 0'' 5'H FENCE 18' - 5" TRANSFORMER PAD ELEC. ETR TO BE REMOVED NEW TREE SITE PLAN A1-01811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023 10 3/64" = 1'-0" 30010NPage 16 of 25P6.Page 548 of 642 16' PUBLIC CONC. ALLEY 105.40' 105.40'160.00'160.00'SIDE SETBACK = 0" ETR (2) DS-1 (5) ON COMMUNITY ROOF TERRACE NON-ROOFED AREA -OPEN TO PARKING BELOWNON-ROOFED AREA -OPEN TO PARKING BELOWETR TO BE REMOVED AND REPLACED WITH NEW TREE PARKING ENTRANCE 16' PUBLIC CONC. ALLEY REAR SETBACK = 2' -6" 5'H FENCE 5'H FENCE LANDSCAPE PLAN A1-11811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023 10 3/64" = 1'-0" 30010NPage 17 of 25P6.Page 549 of 642 UP R.PPR.PR.R.PPR.R.R.P PR.PR.DN PR.R.P TRASH ROOM STAIR STAIR 7 PARKING SPACES - 33 SPACES (7 ADA) CHURCH STREET ELEVATORS RES. LOBBY MAIL (1) ADA COMPLIANT EV CHARGING STATION TRANSFORMER PAD MECH. & ELEC.9' - 6"0' -0" 0' -0" 0' -0" 1' -0" PARKING ENTRANCE 16' PUBLIC CONC. ALLEY (3) EV CHARGING STATIONS COMPOSTING SERVICE AREA 30" SETBACK 24' - 0"BIKE 24' - 0" 24' - 0"TYP.8' - 6"TYP. 18' - 0"8' - 0"8' - 0"8' - 0"18' - 0"2' - 6"RETAIL 1233 SF (GROSS) 1ST FLOOR PLAN 1BR 1BR 2BR 3BR 2BR 1BR 2BR 3BR 3BR 620 SF 938 SF 1159 SF 836 SF 624 SF 717 SF TR STAIR ELEVATORS STAIR ELEV. LOBBY OFFICE 2ND FLOOR PLAN 1BR 3BR 935 SF762 SF 1166 SF 1083 SF 1229 SF 1ST & 2ND FLOOR PLANS A2-11811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023 10 3/64" = 1'-0" 30010NPage 18 of 25P6.Page 550 of 642 DNW DDD WW W D200 CF200 CF200 CFPR.R.PR.PR.PR.PR.R.P R.PPR.PR.PR.PR.PR.R.PR.PR.PR. R.PR.PPR.R.P PR.ELEVATORS 1BRS 2BRS 3BRS TOTAL FLOOR 2 4 3 4 11 FLOOR 3 4 3 4 11 FLOOR 4 4 4 3 11 TOTAL 12 10 11 33 RESIDENTIAL UNIT COUNT THIRD FLOOR PLAN STAIR ELEV. LOBBY 1BR 1BR 2BR 3BR 2BR 1BR 3BR 1BR 2BR 3BR 3BR 620 SF 938 SF 1159 SF 836 SF 624 SF 935 SF762 SF 717 SF1166 SF 1083 SF 1229 SF TR STAIR LAUNDRY STOR. 4TH FLOOR PLAN 1BR 1BR 2BR 1BR 3BR 2BR 2BR 1BR 2BR 3BR 3BR 620 SF 938 SF 637 SF 1071SF 624 SF 926 SF 717 SF956 SF TR STAIR ELEVATORS STAIR ELEV. LOBBY COMP. RM/ LIBRARY/ READING RM COMMUNITY ROOF TERRACE 935 SF 1229 SF1083 SF 3RD AND 4TH FLOOR PLANS A2-21811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023 10 3/64" = 1'-0" 30010NPage 19 of 25P6.Page 551 of 642 CHURCH STREET ELEVATOR ROOF ROOFTOP CONDENSERS RTU RTU COMMUNITY ROOF TERRACE (AT THE 4TH FLOOR LEVEL) 2' H PLANTER. SEE LANDSCAPE PLAN FOR ADD. INFO.NON-ROOFED AREA -OPEN TO PARKING BELOWNON-ROOFED AREA -OPEN TO PARKING BELOWROOF PLAN A2-31811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023 N 10 3/64" = 1'-0" 30010Page 20 of 25P6.Page 552 of 642 FIRST FLOOR 0' -0" T/ROOF 44' -0" SECOND FLOOR 13' -0" THIRD FLOOR 23' -4" FOURTH FLOOR 33' -8"3' - 0"10' - 4"10' - 4"10' - 4"13' - 0"T/PARAPET 47' -0" VINYL WINDOWS, TYP FIBER CEMENT LAP SIDING RENAISSANCE STONE ALUMINUM STOREFRONT SYSTEM FIBER CEMENT PANEL SIDING JULIET BALCONIES BRICK BUILDING ELEVATION A3-11811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023Page 21 of 25P6.Page 553 of 642 FIRST FLOOR 0' -0" T/ROOF 44' -0" SECOND FLOOR 13' -0" THIRD FLOOR 23' -4" FOURTH FLOOR 33' -8" T/PARAPET 47' -0" VINYL WINDOWS, TYP FIBER CEMENT LAP SIDING ALUMINUM STOREFRONT SYSTEM FIBER CEMENT PANEL SIDINGBRICK SLIDING WINDOW WITH JULIET BALCONY RENAISSANCE STONE FIRST FLOOR 0' -0"Foundation -4' -0" T/ROOF 44' -0" SECOND FLOOR 13' -0" THIRD FLOOR 23' -4" FOURTH FLOOR 33' -8" T/PARAPET 47' -0" ALLEY 1' -0" VINYL WINDOWS, TYP FIBER CEMENT PANEL SIDING BUILDING ELEVATIONS SOUTH AND EAST A3-21811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023 1" = 20'-0"1 SOUTH ELEVATION 1" = 20'-0"2 EAST ELEVATION 200 1020 1"=20'-0" 40Page 22 of 25P6.Page 554 of 642 Foundation -4' -0" T/ROOF 44' -0" SECOND FLOOR 13' -0" THIRD FLOOR 23' -4" FOURTH FLOOR 33' -8" T/PARAPET 47' -0" VINYL WINDOWS, TYP FIBER CEMENT PANEL SIDING ALLEY 1' -0" FIRST FLOOR 0' -0"Foundation -4' -0" T/ROOF 44' -0" SECOND FLOOR 13' -0" THIRD FLOOR 23' -4" FOURTH FLOOR 33' -8" T/PARAPET 47' -0" ALLEY 1' -0" VINYL WINDOWS, TYP FIBER CEMENT PANEL SIDING BUILDING ELEVATIONS NORTH AND WEST A3-31811 CHURCH STREET APARTMENT EVANSTON, ILLINOIS 03.17.2023 1" = 20'-0"1 NORTH ELEVATION 1" = 20'-0"2 WEST ELEVATION 200 1020 1"=20'-0" 40Page 23 of 25P6.Page 555 of 642 Page 24 of 25P6.Page 556 of 642 Page 25 of 25P6.Page 557 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Audrey Thompson, Parks & Recreation Director CC: Tim Carter, Recreation Manager; Michael Callahan, Parks and Recreation Assistant Director Subject: Ordinance 25-O-23, Amending City Code 7-11-8, “Regulations of Dog Beach” Date: March 27, 2023 Recommended Action: Staff and the Human Services Committee recommend the adoption of Ordinance 25 -O-23, Amending City Code 7-11-8, "Regulations of Dog Beach." Funding Source: Dog Beach rules signage in the amount of $125 will be purchased through the General Fund – Beaches/Safety Equipment (100.30.3080.65090) which has a FY23 budget of $2,200 and a remaining balance of $2,200. Council Action: For Action Summary: Ordinance 25-O-23 modifies the existing City Code by adding the rules and regulations that are presently listed in the Dog Beach information packet. In December 2022, the Parks and Recreation Department staff reviewed the dog beach information packet, the city website, and the existing City Code. At that time, staff discovered inconsistencies and omissions of rules and regulations that were in the dog information packet and on the city website but not included in the current City Code. The Dog Beach information packet is distributed to patrons who purchase a Dog Beach pass. On January 19, 2023, staff reviewed and discussed the dog beach information pa cket and City Code with the Parks and Recreation Board. During this meeting, the Board unanimously voted to have the rules, regulations, and operating hours added to the City Code and recommended this Committee Services the forwarded to be ordinance Human Council City and for consideration. HS1.Page 558 of 642 Legislative History: Ordinance 25-O-23 was reviewed at the March 6, 2023, Human Services committee meeting and recommended for approval by the City Council. Ordinance 25-O-23 was introduced at the March 13, 2023, City Council meeting. Attachments: Ordinance 25-O-23 Page 2 of 6 HS1.Page 559 of 642 25-O-23 AN ORDINANCE Amending Title 7, Chapter 11, Section 8 “Regulations of Dog Beach” of the City Code WHEREAS, the City of Evanston Dog Beach has certain rules and regulations; and WHEREAS, the Dog Beach rules and regulations were not previously incorporated into the City Code; and WHEREAS, the City Council of the City of Evanston (the “City”) determines that it is in the best interest of the City to incorporate these rules and regulations and update the City Code to reflect the current practices at the Dog Beach. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Title 7, Chapter 11, Section 8 “Regulations of Dog Beach” of the Evanston City Code of 2012, as amended, is hereby amended to read as follows: 7-11-8. - REGULATIONS OF DOG BEACH. (A) An area south of the Clark Street breakwater and north of the Church Street boat ramp, and the adjacent sandy area are hereby designated as a dog beach. (B) Dogs may be released from their leashes only when they enter the fenced area designated as the dog beach. (C) All dogs must have a season pass to use the beach. (M) All owners/handlers or their agents must show display their dog’s season pass to the attendant as they enter the fenced in area leading to the beach at all times. Staff reserves the right to inspect dog passes at any time. (D) Appropriate fees will be established for both residents and nonresidents. (E) Owners of their agents must be in control of their domesticated dog(s) at all times. Page 3 of 6 HS1.Page 560 of 642 25-O-23 ~2~ (F) (F)Owners/handlers or their agents with dogs may enter the water to the knees and no further. (G) (G)Dogs may enter the water only within the designated area. (H) All dogs must have a valid dog license. (I) (H)Dog owners/handlers or their agents must pick up all waste from their dogs on the beach and place in appropriate receptacles. (J) (I) Sunbathing is prohibited. No chairs, beach towels, or blankets are allowed on the dog beach. (K) (J) No glass containers are allowed. (L) (K) The City manager or a their designee may open or close the dog beach pursuant to Subsection 7-11-4(C) of this Chapter. (M) (L) Other reasonable rules and regulations that the City Manager or his/her their designee may promulgate from time to time (M) The Dog Beach will open on March 1, weather permitting and will remain open until inclement weather prohibits staff to safely maintain access. Once closed, the dog beach shall remain closed through March 1 or when weather permits reopening. (N) Hours of Operation: 6 A.M. to 11 P.M. (O) Annual passes are valid March 1 through the end of the season closure date. (P) Cook County Animal & Rabies Control Ordinance requires that all dogs using the dog beach in off leash areas have current vaccinations or titers (antibodies) for Rabies, Distemper (CFV), Hepatitis (Canine Adenovirus-2), Para-influenza (CPIV), Parvovirus (CPV), Leptospirosis, Bordetella (kennel cough), and a negative fecal test by a veterinarian’s office for internal parasites, within the last year. Written proof is required prior to a dog beach pass being issued by the City of Evanston. (Q) All dogs must be licensed by the local government where the dog owner lives. (R) Valid pass holders are prohibited from lending, sharing, or supplying passes, permits, and/or gate codes with unauthorized persons. (S) No more than two (2) dogs per person will be allowed on any one visit. (T) Dog owners/handlers must be at least 14 years old. (U) Owners must fill any holes dug by their dog immediately. (V) Puppies under 4 months of age are not allowed on the dog beach. (W) Owners/handlers will be responsible for closing all gates as they enter and leave the Dog Beach. (X) All pinch, choke, spike, and electronic collars must be removed from the dog prior to entering the dog beach. No leashes over six feet (6’) in length allowed. (Y) All dogs over twelve (12) months must be spayed or neutered. (Z) Dogs, owners, and handlers shall not climb, stand, sit on rocks or the break wall (AA) Owners/handlers must be in voice control of their dog(s), have visual contact with their dog(s), keep their dog’s leash with them, and be present on the beach with their dog(s) at all times. (BB) Dogs who exhibit aggressive behavior may lose access privileges to the dog beach. (CC) Persons who are visually impaired and other domesticated animals specially trained to assist persons with disabilities are excluded from the prohibitions of Page 4 of 6 HS1.Page 561 of 642 25-O-23 ~3~ this section when they are accompanying persons with disabilities for purposes of providing such assistance. (DD) Dog owners/handlers are liable for any damage or injury which occurs as a result of their dog(s) to another dog(s), person or beach property. Violation of this Section may result in a fine of $100 for each occurrence and/or loss the season pass for the Dog Beach for up to one (1) year. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Page 5 of 6 HS1.Page 562 of 642 25-O-23 ~4~ Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 6 of 6 HS1.Page 563 of 642 Memorandum To: Members of the Finance and Budget Committee From: Hitesh Desai, Chief Financial Officer/Treasurer CC: Lara Biggs, City Engineer Subject: Resolution 19-R-23, Authorizing Payments Relating to the FY 2023 Capital Improvement Plan (CIP) Projects are reimbursed by the Subsequent 2023 General Obligation (GO) Bond Issuance Date: March 27, 2023 Recommended Action: Staff and the Finance and Budget Committee recommend adoption of Resolution 19 -R-23, authorizing payments relating to FY 2023 Capital Improvement Plan (CIP) project expenditures up to $17,706,000 be reimbursed by the subsequent 2023 General Obligation (GO) bond issuance. Council Action: For Action Summary: The 2023 Budget and Capital Improvements Plan included the issuan ce of $17,706,000 in GO bonds in the CIP Fund, Library Fund, and Water Fund, which includes the following amounts: Resolution 19-R-23 would allow the City to pay necessary CIP costs and reimburse itself from the GO bond proceeds. Any payments that need to be made before the date of bond proceeds F1.Page 564 of 642 will be made from the appropriate City fund and then reimbursed from bond proceeds. As approved in the FY 2023 Adopted Budget on December 12, 2022, the attached resolution includes CIP projects that will be funded through bond proceeds. While the adopted budget proposed using bond proceeds to pay for these projects, an alternative would be using available General Fund reserves to either delay or reduce the amount of this bond issuance. The 2023 Adopted Budget pro jected a FY2022 General Fund surplus of $14.1 million. This projection was compiled in October 2022 using revenue and expense information that was available at the time. In compiling the projection, staff was conservative in considering the impacts of inflation on major revenues as well as the fact that Cook County had not yet sent out 2021 second installment property tax bills. As staff has begun the year-end closeout, several factors have pushed the preliminary 2022 General Fund surplus closer to $24 - $25 million as of the end of February. This surplus is subject to further changes, review, and revision as the year-end process continues through the presentation of the 2022 audit report in summer 2023. In March, the Finance and Budget Committee will be discussing this surplus and potential uses towards (1) reducing or delaying the bond for CIP projects, (2) covering higher than budgeted wage increases for Police and Fire, (3) covering incremental pension increases, (4) potential transfers to funds that have a negative fund balance like the Insurance Fund, and (5) covering the overage on the animal shelter. Legislative History: Referred to the Finance and Budget Committee at the February 27, 2023 Administration and Public Works Committee meeting. This item was discussed at the March 14, 2023 Finance and Budget Committee meeting but since there wasn't a quorum no action was taken. Resolution 19-R-23 was discussed, amended and then approved at the March 21, 2023 Finance and Budget Committee meeting to forward the amended resolution to the City Council with a for adoption. Attachments: Resolution 19-R-23 Page 2 of 6 F1.Page 565 of 642 02/27/2023 19-R-23 A RESOLUTION Expressing Official Intent Regarding Expenditures from the Funds of the City of Evanston, Cook County, Illinois, to be Reimbursed from Proceeds of Obligations to be Issued by the City of Evanston, Cook County, Illinois WHEREAS, the City of Evanston, Cook County, Illinois (the “City”) has financed and further intends to finance projects (attached as Exhibit “A”) consisting of various capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2023 in the City’s Capital Improvement Plan, as adopted by the City Council of the City (the “Projects”) on December 12, 2022; and WHEREAS, all or a portion of the expenditures as proposed to be reimbursed and relating to such Projects (the “Expenditures”): (i) have been paid within (60) days prior to the passage of this Resolution; or (ii) will be paid on or after the passage of this Resolution; and WHEREAS, the City reasonably expects to reimburse itself or pay for the Expenditures with proceeds of an obligation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Incorporation of Preambles. The City Council hereby finds and determines that all of the recitals contained in the preambles to this resolution are full, true and correct and does hereby incorporate them into this Resolution by this reference. Page 3 of 6 F1.Page 566 of 642 19-R-23 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 SECTION 2: Reimbursement. The City reasonably expects to reimburse or pay the Expenditures with the proceeds of an obligation. SECTION 3: Maximum Principal Amount. The maximum principal amount of the obligations to be issued for the Projects is seventeen million seven hundred and six thousand dollars ($17,706,000). SECTION 4: Actions. All actions of the officers, agents and employees of the City that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed and adopted. SECTION 5: Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Resolution. SECTION 6: This Resolution 19-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. Page 4 of 6 F1.Page 567 of 642 19-R-23 EXHIBIT A List of Capital Improvement Plan Projects - Funded Through Bond Proceeds Street Resurfacing, Water Main, and Sewer Major Projects 1 Chicago Ave, Howard to Davis $450,000 2 Oakton Corridor Traffic Calming Improvements $3,150,000 Total Street Resurfacing, Water Main, and Sewer Projects $3,600,000 Other Transportation Major Projects 3 Bus Stop ADA Improvements $75,000 4 Lincoln Street Bridge $70,000 5 Ridge Avenue Signal Retiming $70,000 6 Traffic Signal, Central and Central Park $50,000 Annual Projects 7 Alley Paving - Special Assessment - N. of Chancellor, E. of Asbury $375,000 8 Bridge Inspection $10,000 9 General Phase I Engineering $30,000 10 Streetlight Pole and Fixture Replacement $120,000 11 Traffic Calming, Bicycle & Ped Improvements $225,000 Sidewalk Projects 12 Sidewalk Gap Infill $300,000 13 Sidewalk Improvement Program $300,000 14 Sidewalk - Safe Routes to School $50,000 Total Other Transportation Projects $1,675,000 Parks 15 Arrington Lagoon - Retaining Wall $200,000 16 Beck Park Expansion/Shore School $160,000 17 Cartwright Park Drainage Improvements $100,000 18 Fitzsimons Park Renovations $125,000 19 James Park - Athletic Lighting North Fields $1,033,000 20 James Park - Pathway Lighting $50,000 21 James Park - Pathway Reconstruction $300,000 22 Mulford Viaduct Art Park $100,000 23 Parks Contingency $100,000 24 Public Canoe Launch (incl. Eco Cntr Parking Lot) - Phase II Consulting Svcs $40,000 Total Parks Projects $2,208,000 Page 5 of 6 F1.Page 568 of 642 19-R-23 Facilities 25 Animal Shelter Renovations $2,360,000 26 Ecology Center - Renovation $1,195,000 27 Facilities Contingency $600,000 28 Police Fire HQ Elevator Modernization $120,000 29 Roof Replacement (Ackerman, Baker, Dempster, Fire 5, Police Station) $350,000 30 Service Center - North Island Fuel System Replacement $200,000 31 Service Center - Renovations $200,000 Total Facilities Projects $5,025,000 Miscellaneous 32 ADA Improvements $300,000 Total Miscellaneous Projects $300,000 Sustainability 33 Lighting Modernization at City Facilities and Parks $50,000 34 City Fleet Charging Infrastructure $100,000 35 Public Vehicle Charging Stations $100,000 36 City Solar Infrastructure $200,000 Total Sustainability Projects $450,000 Library Fund 37 Boiler Replacement $700,000 38 Building LED Lighting Upgrade $250,000 Total Library Fund Projects $950,000 Water Fund (Abated by Water Fund) 1 2023 Water Main Replacement $2,988,000 2 Green Bay Road Water Main (Central to Lincoln) $510,000 Total Water Fund Projects $4,098,000 Page 6 of 6 F1.Page 569 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Lindsey Wade, Housing & Economic Development Analyst CC: Sarah Flax, Interim Community Development Director; Marion Johnson, Housing & Grants Supervisor; Ana Elizarraga, Housing & Economic Development Specialist; Jessica Wingader, Senior Grant Compliance Specialist Subject: Approval of the 2022 Consolidated Annual Performance Evaluation Report (CAPER) for the City's Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Date: March 27, 2023 Recommended Action: The Housing and Community Development Committee (HCDC) and staff recommend approval of the 2022 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER must be submitted to the Chicago Field Office of the U.S. Department of Housing and Urban Development by March 31, 2023. CARP: Vulnerable Populations Council Action: For Action Summary: The Consolidated Annual Performance and Evaluation Report (CAPER) reviews how the City of Evanston used federal entitlement grant funds from the U.S. Department of Housing and Urban Development (HUD) to implement programs and projects to address community needs during the 2022 program year (January 1 to December 31, 2022). Evanston received $2,239,595 in HUD entitlement funds in FY2022: • $1,695,926 in Community Development Block Grant (CDBG) • $388,724 in HOME Investment Partnerships (HOME) • $154,945 in Emergency Solutions Grant (ESG) funds HCDC1.Page 570 of 642 The City of Evanston expended $2,254,687 in HUD federal entitlement funds and program income in the 2022 program year, comprising: $1,753,156 in CDBG and CDBG program income, including carryover funds allocated to activities in prior years or reallocated to new activities in 2022, $355,325 in HOME funds, including program income; and $128,567 in ESG funds. In addition, Evanston members of the Suburban Cook County Continuum of Care received $1,318,101 in funding for permanent supportive housing. The City also expended $763,373 in local Human Service Funds allocated by the Social Services Committee for social services, $47,000 for landlord-tenant services from Metropolitan Tenants Organization and $43,000 for management of the waitlist and income certifications for inclusionary housing units by Community Partners for Affordable Housing. Through the CARES Act, Evanston was awarded $1,586,370 in CDBG-CV funds and $966,314 in ESG-CV funds in 2020. Funds also included reallocated CDBG Entitlement from 2019 and 2020 in the amount of $522,133. In the program year, $577,011 of CDBG -CV funds and $311,705 of ESG-CV funds were expended. These funds were used to provide food, shelter, housing assistance, and community violence intervention programs to address pandemic - related harms. The public comment period for the CAPER opened on March 6, 2023, and closed on Marc h 21, 2023, following public comments received at the Housing & Community Development Committee meeting on March 21, 2023. Notice of the meeting and the 15-day public comment period, including the opportunity to provide comment at the March 21, 2023 meetin g, was published in the Evanston Review. Notice was included in the City's e-newsletter, which is delivered to more than 50,000 emails and sent to a list of over 50 individuals and organizations that indicated an interest in CDBG, HOME, and ESG programs. The City used social media, including Facebook and Twitter accounts, to further advertise the public comment period and provide access to the 2022 CAPER, which is posted on the City's website. Notifications of recent updates and developments were sent to an interested parties' email list, including nonprofit service providers, governmental agencies, community residents, and representatives from various City departments. Finally, a printed copy of the 2022 CAPER was made available for viewing at each of the city's two libraries. To date, the City has received one public comment. Public comments received are provided as an attachment and will be included in the final version of the CAPER that is submitted to HUD. The 2022 Consolidated Annual Performance and Evaluation Report may be accessed on the website at cityofevanston.org/conplan Legislative History: The Housing and Community Development Committee voted to recommend approval by the City Council of 2022 CAPER at its March 21, 2023, meeting. Attachments: 2022 CAPER Public Comments Page 2 of 3 HCDC1.Page 571 of 642 PUBLIC COMMENT 3/8/23 - City of Evanston Twitter Post 3/21/23 - Housing & Community Development Committee Meeting - 7 pm PUBLIC COMMENT ON THE 2022 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT Tina Paden, a local landlord, said that her family has been providing affordable housing in Evanston for 50 years, including to people with housing vouchers. She noted that the City provides funding to developers and agencies and that agencies’ programs would not be successful without small landlords. She said it is disheartening to see affordable housing developers and agencies get millions of dollars in funding, while she gets none. Ms. Paden stated that she feels overlooked for funding and provided the one million dollars allocated from American Rescue Act Plan (ARPA) for sustainable and energy-efficient housing rehabilitation as an example. Referencing the Small/Medium Landlord Assistance Program recently passed by City Council and also funded with ARPA, Paden said that $15,000 would not cover the bullet hole damages from a gunshot in one of her buildings. Ms. Paden would like more funding from the City of Evanston for small landlords like herself. Ms. Paden provided information about the scale and cost of repairs for some of her units. Page 3 of 3 HCDC1.Page 572 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Ana Elizarraga, Housing & Economic Development Analyst CC: Sarah Flax, Interim Community Development Director; Marion Johnson, Housing & Grants Supervisor Subject: Resolution of Approval 29-R-Plan 2023 Final the Action 23, Incorporating the Actual 2023 Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Amounts Date: March 27, 2023 Recommended Action: The Housing and Community Development Committee and staff recommend approval of Resolution 29-R-23, the Final 2023 Action Plan that governs the use of the City’s Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) entitlement funding from the U.S. Department of Housing and Urban Development (HUD). The Action Plan has been updated to incorporate the 2023 grant amounts that were released on February 27, 2023. Funding Source: Funding for the 2023 Action Plan totals $2,249,270, comprising 2023 entitlement funds and 2022 program income as shown below: • CDBG: 2023 entitlement funds of $1,641,492; and $85,956 in Program Income for a total of $1,727,448 • HOME: 2023 entitlement funds of $340,606; and $32,162 in Program Income for a total of $372,768 • ESG: 2023 entitlement funds of $149,054 CARP: Vulnerable Populations Committee Action: For Action Summary: HCDC2.Page 573 of 642 To receive its CDBG, HOME, and ESG entitlement funds from HUD, the City of Evanston is required to submit a 2023 Action Plan that states its goals, including specific strategies to develop viable neighborhoods through the provision of decent housing, a sui table living environment, and expansion of economic opportunities principally for low - and moderate- income persons. The 2023 Action Plan outlines how CDBG, HOME, and ESG funds will be used to accomplish this. The Action Plan includes a summary of the objec tives and outcomes of the six identified goals: Affordable Housing, Homelessness, Creating Livable Communities, Economic Development, Public Services, and Administration. The draft 2023 Action Plan was developed by allocating estimated available funding to address the priorities, goals, and outcomes of the 2020-2024 Consolidated Plan. In the draft 2023 Action Plan, CDBG funding was allocated based on the average funding by a goal in fiscal years 2021 and 2022. The final 2023 Action Plan was updated based on the actual 2023 grant amounts and 2022 actual program income for CDBG and HOME; ESG does not generate program income. This did not trigger a substantial amendment to the draft Action Plan, so a second 30-day comment period and public meeting for input on the amended plan were not needed. Changes by a goal are summarized below: • Funding for Affordable Housing decreased by 9.96%, from $ 727,825 to $655,310 — 29% of total funding (CDBG and HOME). • Funding for Homelessness increased by 5.53%, from $ 292,000 to $ 308,175 — 14% of total funding (HOME, ESG) • Funding for Livable Communities decreased by 3.81%, from $680,000 to $654,076 — 29% of total funding (CDBG) • Funding for Public Services decreased by 7.35%, from $279,675 to $259,117 — 15% of total funding (CDBG) • Funding for Administration increased by 0.68%, from $371,000 to $373,537 — 17% of total funding (CDBG, HOME, ESG) Funding for the Affordable Housing goal was reduced in the 2023 Action Plan as the NSP2 Program Income Transfer was approved by HUD in an amendment of the 2021 Action Plan for administrative reasons and will be receipted in 2023 instead of in 2022. However, the NSP2 program income funds will be available for use in 2023, as planned. Additionally, CDBG program income was higher than expected and was allocated to this goal, as was higher than estimated HOME funds. This results in an increase for this goal from the draft Action Plan. The Housing and Community Development Committee approved budgets for City housing rehab, housing code enforcement, and infrastructure projects for alley paving, sidewalk replacements, and park improvements to ensure the continuation of important programs and get project design underway on capital projects so construction can begin in 2023. The reduction in 2023 funding for Livable Communities will not negatively impact the specific projects that were approved for 2022 because there were significant cost savings projected to be approximately $70,000 on the 2022 infrastructure projects. In addition, 2022 CDBG f unding allocated for external Public Facilities projects is unexpended. An application process is planned for the fall of 2023 as part of the Livable Communities goal. Funding for Public Services is set at the maximum allowed by HUD (15% of CDBG entitlement and program income) Page 2 of 8 HCDC2.Page 574 of 642 Language from the draft plan that explains what changes would be made following receipt of actual grant amounts is retained in the final plan, following guidance from HUD. The 2023 Action Plan is available for review on the City's website at www.cityofevanston.org/conplan. Legislative History: The Final 2023 Action Plan was approved by the Housing and Community Development Committee at its meeting on March 21, 2023, and its approval by City Council at its March 27, 2023 meeting was recommended. The draft 2023 Action Plan was approved by the Ho using & Community Development Committee on December 13, 2022. Attachments: 29-R-23 Action Plan and Adopting 2023 CDBG, HOME and ESG Program Budgets Page 3 of 8 HCDC2.Page 575 of 642 29-R-23 A RESOLUTION Approving the City’s 2023 Action Plan WHEREAS, the Congress of the United States did pass Public Law 93-383, Title I of the Housing and Community Development Act of 1974 (which established the Community Development Block Grant (“CDBG”) Program); Public Law 101-625, the Cranston-Gonzales National Affordable Housing Act (which established the HOME Investment Partnerships Program); and H.R. 205, the McKinney-Vento Homeless Assistance Act as amended by S.896, the Homeless Emergency Assistance and Rapid Transition to Housing (“HEARTH”) Act of 2009, which re-authorized the Emergency Solutions Grant (“ESG”) Program; and WHEREAS, the City of Evanston is an “Entitlement City” by definition in said Acts and, as such, is eligible to make application to the United States Department of Housing and Urban Development (“HUD”) for said grant programs; and WHEREAS, HUD informed the City of Evanston that its 2023 HUD entitlement allocations will be Community Development Block Grant $ 1,641,492 HOME Investment Partnerships $ 340,606 Emergency Solutions Grants $ 149,054 Total 2023 entitlement funding: $ 2,131,152 and WHEREAS, the Housing and Community Development Committee (“HCDC”) is charged with oversight of the City’s CDBG and HOME program, and the Social Services Committee (“SSC”) is charged with oversight of the City’s ESG programs; and Page 4 of 8 HCDC2.Page 576 of 642 29-R-23 WHEREAS, the HCDC met on several occasions in 2022 and developed recommendations for use of FY 2023 CDBG funds; and WHEREAS, the HCDC will make recommendations to City Council in 2023 for the use of HOME funds, and the use of said funds is determined by the City Council; and WHEREAS, recommendations for the allocation of ESG funds to agencies and programs serving the homeless population and those at high risk of homelessness will be made in 2023 by the SSC to the Human Services Committee and City Council; and WHEREAS, HUD requires that the City submit a One Year Action Plan that details the activities the City proposes to undertake using the sum of the 2023 CDBG, HOME, and ESG funds, including entitlement allocations, and CDBG and HOME program income totaling two million two hundred forty-nine thousand two hundred seventy ($2,249,270), are described; and WHEREAS, the proposed activities in the One-Year Action Plan address the statutory goals to provide decent housing, a suitable living environment and economic opportunity for primarily low and moderate income residents. Specific projects which will be funded with HUD's 2023 funding are derived from the City's priority needs, as identified in the City’s 2020-2024 HUD Consolidated Plan and specific CDBG activities and recommended funding levels by Consolidated Plan goals were approved by the Housing and Community Development Committee based on an estimated grant amount on December 13, 2022, and adjustments to the recommended funding levels were approved on March 21,2023, following the process described in the ~ 2 ~ Page 5 of 8 HCDC2.Page 577 of 642 29-R-23 Draft 2023 Action Plan; and WHEREAS, the proposed One Year Action Plan for 2023, which includes 2023 CDBG, HOME, and ESG funding recommendations by goal, was posted for the required 30-day public comment period from November 11, 2022 to December 13, 2022, and was the subject of a public hearing as conducted by the Housing and Community Development Committee on December 13, 2022; and WHEREAS, said Committee conducted said public hearing, received citizen input on the proposed 2023 One Year Action Plan and recommends approval by the Evanston City Council of the proposed One Year Action Plan for 2023; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: That the City’s One Year Action Plan for 2023 (attached hereto as Exhibit A and incorporated herein by reference) is approved. SECTION 3: That the City of Evanston’s 2023 Community Development Block Grant Program, totaling one million, seven hundred twenty-seven thousand,four hundred forty-eight dollars and thirty-nine cents ($1,727,448.39), which is the sum of one million, six hundred forty-one thousand, four hundred ninety-two dollars ($1,641,492) in 2023 entitlement funds; and eighty-five thousand nine hundred fifty-six dollars ($85,956) in program income, is hereby approved. SECTION 4: That HOME Investment Partnerships (HOME) funding totaling three hundred seventy-two thousand, seven hundred and sixty-eight dollars and ~ 3 ~ Page 6 of 8 HCDC2.Page 578 of 642 29-R-23 four cents ($372,768.04), which is the sum of three hundred forty thousand, six hundred and six dollars ($340,606) in 2023 entitlement funds and thirty-two thousand, one hundred and sixty-two dollars ($32,162) in program income; and Emergency Solutions Grants (ESG) funding totaling one hundred forty-nine thousand, fifty-four dollars ($149,054) in 2023 ESG entitlement funds, is hereby approved. SECTION 5: That the Interim City Manager of the City of Evanston is hereby authorized to transmit said One Year Action Plan for 2023 to the U.S. Department of Housing and Urban Development (HUD) and to provide any additional information as may be required by HUD. SECTION 6: That this resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: ______________________________ Nicholas Cummings, Corporation Counsel ~ 4 ~ Page 7 of 8 HCDC2.Page 579 of 642 29-R-23 EXHIBIT A City’s One Year Action Plan for 2023 The 2023 Action plan is available for review at www.cityofevanston.org/conplan ~ 5 ~ Page 8 of 8 HCDC2.Page 580 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Neal Reeves, Economic Development Specialist CC: Paul Zalmezak, Economic Development Manager Subject: Approval of a Contract with Herrera Landscape & Snow Removal (8836 Lincolnwood Dr., Evanston, IL 60203) for the 2023 Great Merchant Grants Program and Business District Landscaping (RFP 23-13) Date: March 27, 2023 Recommended Action: Staff and the Economic Development Committee recommend the City Council authorize the City Manager to execute a contract with Herrera Landscape & Snow Removal (8836 Lincolnwood Dr., Evanston, IL 60203) in the amount of $77,368 to deliver landscaping services to the business districts. Funding Source: Funding in the amount of $23,963 will be from the Great Merchant Grant account , 100.15.5300.62656, which has a budget allocation of $77,500 of which $53,537 is remaining and $53,405 will be from four different TIF funds. A detail funding table is provided in the memo. CARP: Zero Waste Council Action: For Action Summary: Staff issued RFP 23-13 on February 2, 2023, seeking landscaping services for Evanston business districts. Staff distributed the RFP through the City's procurement process and distributed the RFP to Evanston registered landscape contractors. Herrera Landscaping & Snow Removal was the only firm to submit a proposal totaling $77,368. Merchant district applications and details are attached. The table below summarizes the requests by each business district: ED1.Page 581 of 642 Business District Landscaping - Herrera Landscaping Contract Business District Activity Grant / Fund Amount Howard Street 4 Seasonal rotations and maintenance for 21 planters TIF $9,625 Howard Street Commercial Corridor Streetscape TIF $5,070 West Village Business Association 4 Seasonal rotations and maintenance for 13 planters Great Merchants $6,776 West Village Business Association Wildlife Habitat Garden Great Merchants $450 WestEnd Business Association 4 Seasonal rotations and maintenance for 13 planters Great Merchants $6,435 Dr. Hill Arts Business Association 4 Seasonal rotations and maintenance for 12 planters TIF $5,940 Central Evanston Business Association 4 Seasonal rotations and maintenance for 14 planters TIF $4,950 Maple/Foster Business District 4 Seasonal rotations and maintenance for 15 planters Great Merchants $6,342 Noyes Business District 4 Seasonal rotations and maintenance for 14 planters Great Merchants $3,960 Main-Dempster Mile Commercial corridor streetscape for Main Street, Chicago Avenue, and Sherman Avenue TIF $23,320 Main-Dempster Mile Native plantings along both sides of the Metra ramp on Main Street TIF $4,500 Total $77,368 DETAILED FUNDING INFORMATION District Funding Source G/L Total Noyes, Maple/Foster, West End, West Village Great Merchant Grant 100.15.5300.62656 $23,963 Howard Street Howard Ridge TIF 330.99.5860.65515 $14,695 CEBA West Evanston TIF 335.99.5870.62490 $4,950 Hill Arts Five Fifths TIF 365.99.5900.62490 $5,940 Main-Dempster Mile Chicago Main TIF 345.99.3400.62490 $27,820 Total $77,368 Page 2 of 51 ED1.Page 582 of 642 Background Evanston's Great Merchant Grant program is designed to provide small grants, ranging up to $10,000, to Evanston's small business/merchant associations to pursue projects that address at least one of three core areas: Enhancement of Physical Environment, Neighborhood Promotion, and Technical Assistance. Business Districts are eligible to receive up to $10,000, while affinity groups can receive up to $2,500 in matching funds. Legislative History: The Economic Development Committee reviewed this request at their meeting on March 22, 2023. Attachments: Herrera Landscaping Pricing Chart RFP 23-13 MWEBE 2023 Great Merchant Grant Planters Landscape Maintenance Page 3 of 51 ED1.Page 583 of 642 Page 4 of 51 ED1.Page 584 of 642 Page 5 of 51 ED1.Page 585 of 642 Page 6 of 51 ED1.Page 586 of 642 Page 7 of 51 ED1.Page 587 of 642 Page 8 of 51 ED1.Page 588 of 642 Page 9 of 51 ED1.Page 589 of 642 Page 10 of 51 ED1.Page 590 of 642 Page 11 of 51 ED1.Page 591 of 642 Page 12 of 51 ED1.Page 592 of 642 Page 13 of 51 ED1.Page 593 of 642 Page 14 of 51 ED1.Page 594 of 642 Page 15 of 51 ED1.Page 595 of 642 Page 16 of 51 ED1.Page 596 of 642 Page 17 of 51 ED1.Page 597 of 642 Page 18 of 51 ED1.Page 598 of 642 Page 19 of 51 ED1.Page 599 of 642 Page 20 of 51 ED1.Page 600 of 642 Page 21 of 51 ED1.Page 601 of 642 Page 22 of 51 ED1.Page 602 of 642 Page 23 of 51 ED1.Page 603 of 642 Page 24 of 51 ED1.Page 604 of 642 Page 25 of 51 ED1.Page 605 of 642 Page 26 of 51 ED1.Page 606 of 642 Page 27 of 51 ED1.Page 607 of 642 Page 28 of 51 ED1.Page 608 of 642 Page 29 of 51 ED1.Page 609 of 642 Page 30 of 51 ED1.Page 610 of 642 Page 31 of 51 ED1.Page 611 of 642 Page 32 of 51 ED1.Page 612 of 642 Page 33 of 51 ED1.Page 613 of 642 Page 34 of 51 ED1.Page 614 of 642 Page 35 of 51 ED1.Page 615 of 642 Page 36 of 51 ED1.Page 616 of 642 Page 37 of 51 ED1.Page 617 of 642 Page 38 of 51 ED1.Page 618 of 642 7th March 23 04/01/2023 11/30/2023 Page 39 of 51 ED1.Page 619 of 642 Page 40 of 51 ED1.Page 620 of 642 Page 41 of 51 ED1.Page 621 of 642 Page 42 of 51 ED1.Page 622 of 642 Page 43 of 51 ED1.Page 623 of 642 Page 44 of 51 ED1.Page 624 of 642 Page 45 of 51 ED1.Page 625 of 642 Page 46 of 51 ED1.Page 626 of 642 Page 47 of 51 ED1.Page 627 of 642 Page 48 of 51 ED1.Page 628 of 642 Business Manager 81-2010267 3/6/2023 Page 49 of 51 ED1.Page 629 of 642 3/6/2023 23-13 04/01/2023 11/30/2023 3/7/2023 Herrera Landscape SnowRemoval, Inc. Page 50 of 51 ED1.Page 630 of 642 2023 Great Merchant Grant Planters and Landscape Maintenance, RFP 23 -13, M/W/EBE Memo 03.27.2023 To: Paul Zalmezak, Economic Development Manager Neal Reeves, Economic Development Specialist From: Tammi Nunez, Purchasing Manager Subject: 2023 Great Merchant Grant Planters and Landscape Maintenance , RFP 23-13 Date: March 27, 2023 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the 2023 Great Merchant Grant Planters and Landscaping Maintenance, RFP 23-13, Herrera Landscape Snow Removal, Inc total base bid is $77,368 and they are found to be in compliance with the City’s goal. They will receive credit for 100% M/W/EBE participation. Herrera Landscape Snow Removal, Inc. located within 60203 zip code is not eligible to receive credit as an EBE (based on the City Ordinance Section1-17-1 C). However, Herrera Landscape Snow Removal, Inc. possesses a city business license based on taxes paid into Evanston school districts. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Herrera Landscape Snow Removal, Inc 8836 Lincolnwood Drive Evanston, IL 60203 Landscape Design $77,368.00 100% X Total M/W/EBE $77,368.00 100% CC: Hitesh Desai, Chief Financial Officer / Treasurer Memorandum Page 51 of 51 ED1.Page 631 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Tasheik Kerr, Assistant to the City Manager CC: Nicholas E. Cummings, Corporation Counsel Subject: Resolution 27-R-23, Amending the Restorative Housing Program to Include Direct Cash Payment as an Option Date: March 27, 2023 Recommended Action: The Reparations Committee recommends the adoption of Resolution 27 -R-23, Amending the Restorative Housing Program to Include Direct Cash Payment as an Option. Council Action: For Action Summary: On March 16, 2023, the Reparations Committee unanimously recommended the inclusion of a fourth option for beneficiaries receiving payment via the Restorative Housing Program (“the Program”). Currently, eligible individuals may receive up to $25,000 toward either a home ownership benefit, a home improvement benefit, or a mortgage assistance benefit. The recommendation to payment cash direct being use fourth a provide to is allowable beneficiaries. Direct Cash Payment At the direction of the Reparations Committee, the Law Department sought and received guidance on the personal tax liability if the program includes direct cash benefits and its impact on a beneficiary who may be on an income-based program and/or aid. The Evanston City Council does not have the authority to exempt “income” from taxation. However, the City has been advised that payments made under the “General Welfare Exclusion” likely will not qualify as income. To qualify as a payment under the General Welfare Exclusion, the payment must be made from a governmental general welfare fund; for the promotion of the general welfare (i.e., based on need or to help with individual needs); and not be a payment for services. Accordingly, prospective applicants that wish to receive cash payments under the Restorative Housing Program will likely need to be income qualified in order to avoid tax liability. Moreover, R1.Page 632 of 642 cash payments may not be able to come from the City’s Reparation’s Fund, as the Fund is not a “general welfare” fund like the City’s General Assistance Fund. Update on Restorative Housing Program Implementation The program is the first initiative developed by the Reparations Committee focused on preserving, stabilizing, and increasing homeownership among Black/African-American residents. A housing program was prioritized as the first program to be funded by the Local Reparations and Equity by reported feedback the initial the after Fund community Empowerment Commission in 2019. The program acknowledges the historical harm caused to Black/African-American and policies housing discriminatory due residents Evanston to practices and inaction by the City. Since March 2022, funds have been applied to the benefits of fourteen of the selected first sixteen reparations beneficiaries. The winter months have slowed construction on two of the home improvement projects, which are 85% complete. Community Partners for Affordable Housing (CPAH) anticipate completing these projects pending a week of good weather. As to the two beneficiaries that could not take advantage of the program, at its March 2, 2023 Reparations Committee Listening Session, the Committee voted to provide an expectation to the program to allow for cash benefits to those two individuals. The status r eport for each of the beneficiaries is attached. Program Administration The Reparations Committee is currently exploring ways to increase the pace of funding distribution. The staff has observed that most of the Ancestor beneficiaries are electing to app ly their reparations funds toward improving their homes and are choosing to have the construction managed by CPAH. However, CPAH has informed the Committee that it could only manage one home improvement project per month due to having other contracting opp ortunities and not enough capacity. Thus, in February, the staff was directed to draft a job description for a Construction Project Manager to oversee the home improvement benefit. The Committee is seeking outside funding to fund this position. Attachments: Resolution 27-R-23 Amending the Restorative Housing Program to Include Direct Cash Payment as an Option Tracking Spreadsheet Ancestor Reparations Recipients Residency by Ward and City Page 2 of 7 R1.Page 633 of 642 3/27/2023 27-R-23 RESOLUTION Amending the Restorative Housing Program to Include Direct Cash Payment as an Option WHEREAS, In 2002, the City Council supported US House Resolution 40 (HR-40), calling for a Federal Commission to study slavery and its vestiges, and to make recommendations for reparations, with the adoption of Resolution 43-R-02, “Slave Reparations”; and WHEREAS, In November 2019, the Evanston City Council adopted Resolution 126-R-19, “Establishing the City of Evanston Reparations Fund and the Reparations Subcommittee”; and WHEREAS, City Council committed the first ten million dollars ($10,000,000.00) of the City’s Municipal Cannabis Retailers’ Occupation Tax (3% on gross sales of cannabis) to fund local reparations for housing and economic development programs for Black Evanston residents; and WHEREAS, In passing Resolution 58-R-19, “Commitment to End Structural Racism and Achieve Racial Equity”, the City of Evanston government recognizes that like most, if not all communities in the United States, the community and the government allowed and perpetuated racial disparities through the use of many regulatory and policy - oriented tools; and WHEREAS, The Local Reparations Restorative Housing Program (“The Program”) acknowledges the harm caused to Black/African-American Evanston residents due to discriminatory housing policies and practices and inaction on the part of the City; Page 3 of 7 R1.Page 634 of 642 27-R-23 ~2~ and WHEREAS, the City Council previously directed that recipients of benefits from the Local Reparations Fund were able to choose whether they receive said funds through home improvement, mortgage payment, grant to beneficiaries or decline said funds if they did not meet the requirements for the other options ; and WHEREAS, City Council recognizes there is a need to expand upon this the Program and allow beneficiaries to choose direct cash payment as an option . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Council hereby amends the Restorative Housing Program to include direct cash payment as an additional option for payment. SECTION 2: Resolution 27-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ____________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 4 of 7 R1.Page 635 of 642 27-R-23 ~3~ Page 5 of 7 R1.Page 636 of 642 Date Ward Type Staff AS Initial Meet WWU-P WWU-F Bids Out Bids In Const Mtg Done Complete Current Note 24-Feb 5th Ward HI AM 24-Feb 4-Mar 9-Mar 8-Apr 5-May 16-May 1-Aug N/A 18-Nov Complete 24-Feb 8th Ward HI AM 24-Feb 4-Mar 9-Mar 1-Apr 5-May 16-May 11-Aug N/A 31-Jan Complete 24-Feb 9th Ward HI AM 24-Feb 7-Mar 9-Mar 24-Mar MULTI MULTI 6-May N/A 13-Oct Complete 4-Mar 8th Ward MP/PR LO 4-Mar N/A N/A N/A N/A N/A N/A 31-Mar 31-Mar Complete 4-Mar 5th Ward PR AM/LO 7-Mar 18-Mar 22-Mar 31-Mar 5-May 16-May N/A 20-May 26-Aug Complete 4-Mar 5th Ward HI AM 29-Mar 11-Apr 18-Apr 17-Jun N/A N/A 18-Nov N/A Ongoing, multiple contractors. 85% done 4-Mar 8th Ward SPL AM/LO 10-Mar 11-Mar 18-Mar 25-Mar 5-May 16-May 22-Jul 22-Apr 18-Nov Complete 11-Mar 5th Ward SPL AM/LO 18-Mar 8-Apr 29-Apr Partial Partial 8-Jun 16-May 16-Sep Complete 11-Mar 9th Ward PR LO 11-Mar N/A N/A N/A N/A N/A N/A 31-Mar 24-Mar Complete 11-Mar 2nd Ward HI AM 17-Mar 3-May 12-May 25-May 8-Jun 17-Jun 23-Sep N/A 9-Jan Complete 11-Mar 2nd Ward HI AM 17-Mar 29-Apr 8-May 24-Jul 1-Aug 1-Sep N/A J&A, Permit issued 11/15 DTS 11-Apr 4th Ward HI AM 20-Apr 3-May 12-May 31-May 8-Jun 17-Jun 8-Aug N/A 28-Jan Complete 11-Apr 2nd Ward HI AM 18-Apr 6-May 13-May 26-May 8-Jun 17-Jun 8-Aug N/A 20-Oct Complete 18-Apr 2nd Ward SPL AM/LO 20-Apr 6-Jun 6-Jun 8-Jun 9-Jun 17-Jun 21-Sep 4-Nov 4-Nov Complete Total Allocated: 350,000 KEY Total Expended: 326,836 93.4% HI Home Improvement Total Remaining: 23,164 6.6% MP Mortgage Payments PR Principal Reduction SPL Split HI/Mortgage Assistance RT-F Rebuilding Together Funds RT-V Rebuilding Together VolunteerPage 6 of 7R1.Page 637 of 642 Total 138 Page 7 of 7 R1.Page 638 of 642 Memorandum To: Honorable Mayor and Members of the City Council From: Tasheik Kerr, Assistant to the City Manager Subject: Resolution 28-R-23 Directing the Reparations Committee to Create and Design a Program Consistent with Resolution 126-R-19 whereby Eligible Recipients Receive Cash Payment as a Form of Reparations Date: March 27, 2023 Recommended Action: The Reparations Committee recommends the adoption of Resolution 28 -R-23, Directing the Reparations Committee to Create and Design a Program Consistent with Resolution 126 -R-19 whereby Eligible Recipients Receive Cash Payment as a Form of Reparations. Council Action: For Action Summary: On March 16, 2023, the Reparations Committee unanimously recommended creating a new Reparations Initiative Benefit Program. The new initiative would develop a new cash benefits program focused on repairing the harm to Black Evanstonians caused by racial prejudice, exclusion from living in other parts of the City, and inaction by the City. This program would be in addition to the directives of 126-R-19, which authorized reparations programs for housing and economic development. Attachments: Resolution 28-R-23 Directing the Reparations Committee to Create a Program to Pay Cash Payment R2.Page 639 of 642 3/27/2023 28-R-23 RESOLUTION Directing the Reparations Committee to Create and Design a Program Consistent with Resolution 126-R-19 whereby Eligible R ecipients Receive Cash Payment as a F orm of Reparations. WHEREAS, In 2002, the City Council supported US House Resolution 40 (HR-40), calling for a Federal Commission to study slavery and its vestiges, and to make recommendations for reparations, with the adoption of Resolution 43-R-02, “Slave Reparations”; and WHEREAS, In November 2019, the Evanston City Council adopted Resolution 126-R-19, “Establishing the City of Evanston Reparations Fund and the Reparations Subcommittee”; and WHEREAS, City Council committed the first ten million dollars ($10,000,000.00) of the City’s Municipal Cannabis Retailers’ Occupation Tax (3% on gross sales of cannabis) to fund local reparations for housing and economic development programs for Black Evanston residents; and WHEREAS, In passing Resolution 58-R-19, “Commitment to End Structural Racism and Achieve Racial Equity”, the City of Evanston government recognizes that like most, if not all communities in the United States, the community and the government allowed and perpetuated racial disparities through the use of many regulatory and policy - oriented tools; and WHEREAS, The Local Reparations Restorative Housing Program (“The Program”) acknowledges the harm caused to Black/African-American Evanston residents Page 2 of 4 R2.Page 640 of 642 28-R-23 ~2~ due to discriminatory housing policies and practices and inaction on the part of the City; and WHEREAS, There is an additional need towards revitalizing, preserving, and stabilizing the Black/African-American community in Evanston, increasing homeownership and building the wealth of Black/African-American residents, building intergenerational equity amongst Black/African-American residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Council hereby directs the Reparations Committee to create and design a program consistent with Resolution 126-R-19 whereby eligible recipients will receive cash payment as a form of Reparations. SECTION 2: Resolution 28-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ____________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 3 of 4 R2.Page 641 of 642 28-R-23 ~3~ Page 4 of 4 R2.Page 642 of 642