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City Council Packet 2011 12-13-11 *O.D C/T o United City of Yorkville 800 Game Farm Road esr. -, - yeas Yorkville, Illinois 60560 Telephone: 630-553-4350 Larxks�,: `o Fax: 630-553-7575 CE/�.. NrnW.ip Cow.ty AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, December 13, 2011 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV George Gilson, Jr. Jackie Milschewski Marty Munns Rose Ann Spears Carlo Colosimo Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: 1. PC 2011-11 Grande Reserve Amended Annexation Agreement and Planned United Development Agreement Citizen Comments: Consent Agenda: 1. CC 2011-130 Bills for Approval - $1,892,801.73 2. PW 2011-60 Rush-Copley Phase I—Letter of Credit Reduction—authorize reduction to Old Second Bank letter of credit#2897 in an amount not to exceed$149,804.42, subject to verification that the developer has no outstanding debt owed to the City for this project Minutes for Approval: 1. CC 2011-131 Minutes of the City Council—November 22, 2011 Mayor's Report: 1. ADM 2011-56 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2012 and Ending April 30, 2013 for the United City of Yorkville 2. ADM 2011-49 Ordinance Providing for the Submission to the Electors of the United City of Yorkville, Kendall County, the Public Question Whether the City Should Have the Authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers Who Have Not Opted Out of Such Program 3. CC 2011-132 Ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2012 and Ending April 30, 2013 for Special Service Area Number 2004-201 (Fox Hill) City Council Meeting Agenda December 13, 2011 Page 2 Mayor's Report (cont'd): 4. CC 2011-133 Ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2012 and Ending April 30, 2013 for Special Service Area Number 2006-119 (Sunflower Estates) 5. EDC 2011-48 Kendall County Request for Waiver of Sewer Hook-up Fees Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: 1. PW 2011-39 Residential Solid Waste Franchise Agreement 2. ADM 2011-67 Levy Year 2011 Special Tax Requirements & Special Tax Abatements for SSAs g. Ordinance Abating Special Service Area Taxes for Special Service Area Number 2005-108 (Autumn Creek Project) and Approving the Amended Special Tax Role Park Board: 1. CC 2011-134 Resolution Approving a Revised Vendors in the Park Policy 2. CC 2011-135 Resolution Approving a Revised Park Rental and Use Policy Plan Commission: Zoning Board of Appeals: City Council Report: 1. CC 2011-136 REC Center Lease Renewal City Clerk's Report: City Treasurer's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: City Council Meeting Agenda December 13, 2011 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ;PUBLIC WORKS: December 20, 2011 —6: 00 p.m.—City Hall Conference Room, Committee Departments Liaisons Chairman: Alderman Gilson Public Works Park Board Vice-Chairman: Alderman Milschewski Engineering YBSD Committee: Alderman Kot Parks and Recreation Committee: Alderman Teeling ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- , ECONOMIC DEVELOPMENT: January_3,_2012_—7:00 p.m.—City Conference Room _ __ ______ _ ______________ -------------- --------- --------- ------- --------- ------------------ ----------- ----= --------------- ---------------------------------------Committee Departments Liaisons Chairman: Alderman Munns Community Development Plan Commission Vice-Chairman: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Teeling ---------------------------------------------------------------------------------------------------------------------------- -----------, ;PUBLIC SAFETY: January 5, 2012—6:30 p.m.—City Hall Conference Room ------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser I------------------------------------------------------------------------------------------------------------------------------------------- ----------------, _ADMINISTRATION: December 15, 2011 -6:00_p_._ m._—_City_Hall Conference_Room; - - ----- --- ----------- ---------- ----------- ------- -------- --------------- - --------- ---------- -------- --------- ------------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Spears Finance Library Vice-Chairman: Alderman Gilson Administration Committee: Alderman Colosimo Committee: Alderman Munns UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, December 13, 2011 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2011-11 Grande Reserve Amended Annexation Agreement and Planned Unit Development Agreement ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-130 Bills for Payment- $1,892,801.73 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2011-60 Rush-Copley Phase I—Letter of Credit Reduction ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-131 Minutes of the City Council—November 22, 2011 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2011-56 Ordinance for the Levy and Assessment of Taxes for the FY Beginning May 1, 2012 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-49 Electric Aggregation Referendum Ordinance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2011-132 Ordinance for the Amended Levy and Assessment of Taxes for SSA No. 2004-201 (Fox Hill) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2011-133 Ordinance for the Amended Levy and Assessment of Taxes for SSA No. 2006-119 (Sunflower Estates) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2011-39 Residential Solid Waste Franchise Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2011-67 g. Ordinance Abating SSA Taxes for SSA No. 2005-108 (Autumn Creek) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PARK BOARD REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-134 Resolution Approving a Revised Vendors in the Park Policy ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2011-135 Resolution Approving a Revised Park Rental and Use Policy ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PARK BOARD REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-134 Resolution Approving a Revised Vendors in the Park Policy ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2011-135 Resolution Approving a Revise Park Rental and Use Policy ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2011-136 REC Center Lease Renewal ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- OLEO Cl Reviewed By: Agenda Item Number �. O Legal El Public Hearing#1 EST. 1836 Finance ❑ - Engineer El City Administrator g Trackin Number O� Consultant ❑ PC 2011-11 Agenda Item Summary Memo Title: Grande Reserve Amended Annexation Agreement and PUD Agreement Meeting and Date: City Council—December 13, 2011 Synopsis: Request for Letter of Credit Reduction and Amended Annexation Agreement for the Grande Reserve Subdivision North. Council Action Previously Taken: Date of Action: CC 11/22/11 Action Taken: Public Hearing of Grande Reserve LOC reduction request (opened & continued) Item Number: PH #1 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble, AICP Community Development Name Department Agenda Item Notes: The Petitioner requests that this agenda item be tabled until a future City Council meeting, as the Contract Purchaser of the development is continuing their due diligence process by reviewing and gathering additional information before moving forward with the requested LOC reduction. 0 C/py Reviewed By: Agenda Item Number 2 O Legal ❑ CA#1 Finance EST. �. 1836 Engineer El `4 �7 ` vl City Administrator ❑ Tracking Number 0�1 C-Area` O Public Works El K^�11C� �� CC 2011-130 It El Agenda Item Summary Memo Title: Bill Payments - $1,892,801.73 Meeting and Date: City Council 12/13/11 Synopsis: Approval of bill payments. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512369 AACVB AURORA AREA CONVENTION 103111-ALL 11/22/11 01 ADMIN SERVICES-ALL SEASONS 01-640-54-00-5481 16.87 02 OCTOBER HOTEL TAX ** COMMENT ** INVOICE TOTAL: 16.87 * 103111-HAMPTON 1.1/28/11 01 ADMIN SERVICES-HAMPTON INN 01-640-54-00-5481 2,475.72 02 OCTOBER HOTEL TAX ** COMMENT ** INVOICE TOTAL: 2,475.72 * 103111-SUPER 11/14/11 01 ADMIN SERVICES-SUPER 8 OCTOBER 01-640-54-00-5481 1,218.83 02 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 1,218.83 * CHECK TOTAL: 3,711.42 512370 ADVAAUTO ADVANCED AUTOMATION & CONTROLS 11-1533 11/04/11 01 WATER OP-TROUBLESHOOTING 51-510-56-00-5638 550.00 02 PLC ISSUE AT WELL 8 ** COMMENT ** INVOICE TOTAL: 550.00 CHECK TOTAL: 550.00 512371 ALFORDR RICHARD ALFORD, PH.D. 111111 11/11/11 01 POLICE-POST OFFER 01-210-54-00-5462 300.00 02 PSYCHOLOGICAL FITNESS FOR DUTY ** COMMENT ** 03 EXAM ** COMMENT ** INVOICE TOTAL: 300.00 CHECK TOTAL: 300.00 512372 ARAMARK ARAMARK UNIFORM SERVICES 610-7285171 11/08/11 01 STREETS-UNIFORMS 01-410-56-00-5600 34.76 -1- DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512372 ARAMARK ARAMARK UNIFORM SERVICES 610-7285171 11/08/11 02 WATER OP-UNIFORMS 51-510-56-00-5600 34.76 03 SEWER OP-UNIFORMS 52-520-56-00-5600 34.76 INVOICE TOTAL: 104.28 * 610-7294690 11/15/11 01 STREETS-UNIFORMS 01-410-56-00-5600 25.93 02 WATER OP-UNIFORMS 51-510-56-00-5600 25.92 03 SEWER OP-UNIFORMS 52-520-56-00-5600 25.92 INVOICE TOTAL: 77.77 * 610-7304485 11/22/11 01 STREETS-UNIFORMS 01-410-56-00-5600 32.67 02 WATER OP-UNIFORMS 51-510-56-00-5600 32.67 03 SEWER OP-UNIFORMS 52-520-56-00-5600 32.68 INVOICE TOTAL: 98.02 * 610-7313996 11/29/11 01 STREETS-UNIFORMS 01-410-56-00-5600 32.67 02 WATER OP-UNIFORMS 51-510-56-00-5600 32.67 03 SEWER OP-UNIFORMS 52-520-56-00-5600 32.68 INVOICE TOTAL: 98.02 * CHECK TOTAL: 378.09 512373 ATTINTER AT&T INTERNET SERVICES 842804266-8-1011 11/09/11 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 587.57 INVOICE TOTAL: 587.57 * CHECK TOTAL: 587.57 512374 BANCAMER BANC OF AMERICA LEASING 012021026-C 11/22/11 01 FINANCE-COPIER LEASE 01-120-54-00-5485 143.00 02 ADMIN-COPIER LEASE 01-110-54-00-5485 143.00 03 COMM/DEV-COPIER LEASE 01-220-54-00-5485 136.50 04 ENG-COPIER LEASE 01-150-54-00-5485 136.50 -2-_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512374 BANCAMER BANC OF AMERICA LEASING 012021026-C 11/22/11 05 POLICE-COPIER LEASE 01-210-54-00-5485 277.00 06 WATER OP-COPIER LEASE 51-510-54-00-5485 33.00 07 SEWER OP-COPIER LEASE 52-520-54-00-5485 33.00 08 STREETS-COPIER LEASE 01-410-54-00-5485 33.00 INVOICE TOTAL: 935.00 CHECK TOTAL: 935.00 512375 BANKNY THE BANK OF NEW YORK 111011-STREBATE 11/29/11 01 ADMIN SERVICES-KENDALL 01-640-54-00-5492 87,859.91 02 MARKETPLACE 3RD QUARTER SALES ** COMMENT ** 03 TAX REBATE ** COMMENT ** INVOICE TOTAL: 87,859.91 CHECK TOTAL: 87,859.91 512376 BCBS BLUE CROSS BLUE SHIELD 110711 11/07/11 01 ADMIN SERVICES-DECEMBER HEALTH 01-640-52-00-5216 80,123.99 02 INSURANCE ** COMMENT ** 03 ADMIN SERVICES-DECEMBER DENTAL 01-640-52-00-5223 7,147.14 04 INSURANCE ** COMMENT ** INVOICE TOTAL: 87,271.13 * CHECK TOTAL: 87,271.13 512377 BEACON RAINBOW GROUP, LLC 0415204-IN 11/08/11 01 LAND CASH-BASES AND ANCHORS 72-720-60-00-6036 457.62 INVOICE TOTAL: 457.62 * 0415227-IN 11/10/11 01 LAND CASH-DUAL ANCHOR FOR 72-720-60-00-6036 65.50 02 NEW FIELD ** COMMENT ** INVOICE TOTAL: 65.50 * CHECK TOTAL: 523.12 -3-t- DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512378 BENTLEY BENTLEY SYSTEMS, INCORPORATED 47405312 08/21/11 01 ADMIN SERVICES-STORM CAD & 01-640-54-00-5465 262.80 02 WATER CAD SERVICES 09/21/11 - ** COMMENT ** 03 12/20/11 ** COMMENT ** INVOICE TOTAL: 262.80 CHECK TOTAL: 262.80 512379 BPAMOCO BP AMOCO OIL COMPANY 32218130-PW 11/24/11 01 STREETS-GASOLINE 01-410-56-00-5695 468.55 02 WATER OP-GASOLINE 51-510-56-00-5695 468.55 03 SEWER OP-GASOLINE 52-520-56-00-5695 468.55 INVOICE TOTAL: 1,405.65 * CHECK TOTAL: 1,405.65 512380 BRENART BRENART EYE CLINIC, LLC 716926 11/15/11 01 POLICE-EYE EXAM 01-210-54-00-5462 183.00 INVOICE TOTAL: 183.00 * CHECK TOTAL: 183.00 512381 CALLONE UNITED COMMUNICATION SYSTEMS 1010-7980-0000-1111C 11/15/11 01 ADMIN-MONTHLY CHARGES 01-110-54-00-5440 187.72 02 ADMIN-CITY HALL NORTEL 01-110-54-00-5440 276.53 03 POLICE-CITY HALL NORTEL 01-210-54-00-5440 276.53 04 WATER OP-CITY HALL NORTEL 51-510-54-00-5440 276.52 O5 POLICE-MONTHLY CHARGES 01-210-54-00-5440 611.94 06 POLICE-CITY HALL FIRE 01-210-54-00-5440 44.60 07 ADMIN-CITY HALL FIRE 01-110-54-00-5440 44.60 O8 WATER OP-PUBLIC WORKS LINES 51-510-54-00-5440 944.33 INVOICE TOTAL: 2,662.77 CHECK TOTAL: 2,662.77 DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512382 CAMBRIA CAMBRIA SALES COMPANY INC. 31829 11/16/11 01 SEWER OP-PAPER TOWEL 52-520-56-00-5620 55.50 INVOICE TOTAL: 55.50 CHECK TOTAL: 55.50 512383 CARGILL CARGILL, INC 2900250621 11/17/11 01 WATER OP-ROCK SALT 51-510-56-00-5638 2, 712.83 INVOICE TOTAL: 2, 712.83 2900253778 11/21/11 01 WATER OP-ROCK SALT 51-510-56-00-5638 2,590.12 INVOICE TOTAL: 2,590.12 CHECK TOTAL: 5,302.95 512384 CARSTAR CARSTAR 024143 11/07/11 01 ADMIN SERVICES-REPAIRS FOR 01-640-56-00-5625 2,654.74 02 10/23/11 ACCIDENT ** COMMENT ** 03 POLICE-DEDUCTIBLE FOR REPAIRS 01-210-54-00-5495 500.00 04 FOR 10/23/11 ACCIDENT ** COMMENT ** INVOICE TOTAL: 3,154.74 * CHECK TOTAL: 3,154.74 512385 CENSOD CENTRAL SOD INV53501 11/01/11 01 LAND CASH-KENTUCKY BLUE GRASS 72-720-60-00-6036 858.00 INVOICE TOTAL: 858.00 * CHECK TOTAL: 858.00 512386 COMDIR COMMUNICATIONS DIRECT INC SR96687 10/31/11 01 POLICE-M3-CAMERA REPAIR 01-210-54-00-5495 98.50 INVOICE TOTAL: 98.50 * CHECK TOTAL: 98.50 -5-;- DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512387 COMED COMMONWEALTH EDISON 4329092028-1011 11/17/11 01 STREETS-LIGHTS 01-410-54-00-5480 978.76 INVOICE TOTAL: 978.76 * 8344010026-1011 11/18/11 01 STREETS-LIGHTS 01-410-54-00-5480 343.10 INVOICE TOTAL: 343.10 * CHECK TOTAL: 1,321.86 512388 DAVEAUTO DAVID L CHELSEN 18644 11/07/11 01 POLICE-TRANSMISSION REPAIR 01-210-54-00-5495 1,619.00 INVOICE TOTAL: 1,619.00 * CHECK TOTAL: 1,619.00 512389 DEPO DEPO COURT REPORTING SVC, INC 15205 11/14/11 01 DEVELOPER ESCROW-PUBLIC 90-033-33-00-0011 488.45 02 HEARING FOR 312 WALTER ** COMMENT ** INVOICE TOTAL: 488.45 CHECK TOTAL: 488.45 512390 EEI ENGINEERING ENTERPRISES, INC. 50125 11/29/11 01 ADMIN SERVICES-GENERAL WORK 01-640-54-00-5465 186.50 02 FOR CITY OF YORKVILLE ** COMMENT ** INVOICE TOTAL: 186.50 50126 11/29/11 01 ADMIN SERVICES-MUNICIPAL 01-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1,900.00 50127 11/29/11 01 MFT-NORTH RT 47 IMPROVEMENTS 15-155-60-00-6079 353.50 INVOICE TOTAL: 353.50 DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512390 EEI ENGINEERING ENTERPRISES, INC. 50128 11/29/11 01 MFT-SOUTH RT 47 IMPROVEMENTS 15-155-60-00-6079 353.50 INVOICE TOTAL: 353.50 * 50129 11/29/11 01 ADMIN SERVICES-WALSH DRIVE 01-640-54-00-5465 578.25 02 FLOODING ** COMMENT ** INVOICE TOTAL: 578.25 * 50130 11/29/11 01 ADMIN SERVICES-TRAFFIC CONTROL 01-640-54-00-5465 167.00 02 SIGNAGE AND MARKINGS ** COMMENT ** INVOICE TOTAL: 167.00 * 50131 11/29/11 01 MFT-CENTRAL RT. 47 15-155-60-00-6079 7,344.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 7,344.50 * 50132 11/29/11 01 MFT-RIVER ROAD BRIDGE 15-155-60-00-6075 2,753.75 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 2,753.75 * 50133 11/29/11 01 MFT-2011 MFT 15-155-60-00-6073 1,414.50 INVOICE TOTAL: 1,414.50 * 50134 11/29/11 01 MFT-GAME FARM/SOMONAUK 15-155-60-00-6073 1,311.25 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,311.25 * 50135 11/29/11 01 CW CAPITAL-SAFE ROUTES TO 23-230-60-00-6092 3,102.25 02 SCHOOL ** COMMENT ** INVOICE TOTAL: 3,102.25 * 50136 11/29/11 01 ADMIN SERVICES-2011 KKCOM 01-640-54-00-5465 167.00 INVOICE TOTAL: 167.00 * 50137 11/29/11 01 DEVELOPER ESCROW-FOUNTAINVIEW 90-007-07-00-0111 280.75 INVOICE TOTAL: 280.75 * -7-7- DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512390 EEI ENGINEERING ENTERPRISES, INC. 50138 11/29/11 01 DEVELOPER ESCROW-GRAND RESERVE 90-034-34-00-0111 2,616.87 INVOICE TOTAL: 2,616.87 50139 11/29/11 01 ADMIN SERVICES-KENDALL 01-640-54-00-5465 1,513.00 02 MARKETPLACE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 1,513.00 * 50141 11/29/11 01 DEVELOPER ESCROW-AUTUMN CREEK 90-019-19-00-0111 269.25 INVOICE TOTAL: 269.25 * 50142 11/29/11 01 WATER OP-WATER WORKS SYSTEM 51-510-56-00-5638 77.50 02 OPERATIONS CONSULTATION ** COMMENT ** INVOICE TOTAL: 77.50 * 50144 11/29/11 01 ADMIN SERVICES-KENDALL COUNTY 01-640-54-00-5465 284.00 02 STORMWATER ORDINANCE TECHNICAL ** COMMENT ** 03 ADVISORY COMMITTEE ** COMMENT ** INVOICE TOTAL: 284.00 * 50145 11/29/11 01 ADMIN SERVICES-WINDETTE RIDGE 01-640-54-00-5465 353.50 INVOICE TOTAL: 353.50 * 50147 11/29/11 01 DEVELOPER ESCROW-WORSLEY'S 90-032-32-00-0111 662.50 02 RESUBDIVISION ** COMMENT ** INVOICE TOTAL: 662.50 * 50148 11/29/11 01 DEVELOPER ESCROW-RAGING WAVES 90-035-35-00-0111 1,850.50 INVOICE TOTAL: 1,850.50 * 50151 11/29/11 01 ADMIN SERVICES-WARD MAPPING 01-640-54-00-5465 893.00 INVOICE TOTAL: 893.00 * 50152 11/29/11 01 ADMIN SERVICES-STORMWATER 01-640-54-00-5465 463.50 02 MANAGEMENT PLAN ** COMMENT ** INVOICE TOTAL: 463.50 * DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512390 EEI ENGINEERING ENTERPRISES, INC. 50153 11/29/11 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 302.50 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 302.50 CHECK TOTAL: 29,198.87 512391 ENCAP ENCAP, INC. 22927 10/27/11 01 DEVELOPER ESCROW-HERBICIDE 90-014-14-00-1111 225.00 02 MAINTENANCE FOR FOXHILL UNIT 7 ** COMMENT ** INVOICE TOTAL: 225.00 CHECK TOTAL: 225.00 512392 EXELON EXELON ENERGY 200307000150 11/19/11 01 WATER OP-LIGHTS 51-510-54-00-5480 2,929.66 INVOICE TOTAL: 2,929.66 CHECK TOTAL: 2, 929.66 512393 EYEMED FIDELITY SECURITY LIFE INS. 306273 11/19/11 01 ADMIN SERVICES-DECEMBER VISION 01-640-52-00-5223 806.36 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 806.36 CHECK TOTAL: 806.36 512394 FEDEX FEDEX 7-704-42206 11/23/11 01 ADMIN-1 PKG. TO FOLEY & 01-110-54-00-5452 38.25 02 LARDNER ** COMMENT ** INVOICE TOTAL: 38.25 CHECK TOTAL: 38.25 -9-3- DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512395 FIRSTNON FIRST NONPROFIT UNEMPLOYEMENT 111011 11/10/11 01 ADMIN SERVICES-ADJUST FOR 01-640-52-00-5230 8,584.00 02 ACTUAL CLAIMS PAID ** COMMENT ** INVOICE TOTAL: 8,584.00 * CHECK TOTAL: 8,584.00 512396 FOXVALLE FOX VALLEY TROPHY & AWARDS 27850 11/16/11 01 COMM/DEV-PLASTIC SIGN 01-220-56-00-5620 12.50 INVOICE TOTAL: 12.50 * CHECK TOTAL: 12.50 512397 FREDRICR ROB FREDRICKSON 120111 12/01/11 01 FINANCE-NOVEMBER MOBILE EMAIL 01-120-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 512398 GARDKOCH GARDINER KOCH & WEISBERG H-1845C-79585 10/17/11 01 ADMIN SERVICES-LAY-COM MATTERS 01-640-54-00-5461 2,886.00 INVOICE TOTAL: 2,886.00 * H-1845C-80032 11/16/11 01 ADMIN SERVICES-LAY COM MATTER 01-640-54-00-5461 1,403.50 INVOICE TOTAL: 1,403.50 * H-1847C-80028 11/16/11 01 ADMIN SERVICES-GENERAL LEGAL 01-640-54-00-5461 289.83 02 MATTERS ** COMMENT ** INVOICE TOTAL: 289.83 * H-1961C-79435 10/10/11 01 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5461 684.50 -10-1_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ---------------------------------------------------------------------------------------------------------------------------------- 512398 GARDKOCH GARDINER KOCH & WEISBERG H-1961C-79435 10/10/11 02 PLACE ** COMMENT ** INVOICE TOTAL: 684.50 * H-1961C-80027 11/16/11 01 ADMIN SERVICES-KENDALL 01-640-54-00-5461 444.00 02 MARKETPLACE MATTERS ** COMMENT ** INVOICE TOTAL: 444.00 * H-2364C-79439 10/10/11 01 ADMIN SERVICES-KIMBALL HILL 01-640-54-00-5461 37.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 37.00 * H-2364C-80031 11/16/11 01 ADMIN SERVICES-KIMBALL HILL 01-640-54-00-5461 684.50 02 MATTERS ** COMMENT ** INVOICE TOTAL: 684.50 * H-2644C-79438 10/10/11 01 ADMIN SERVICES KENCOM MATTERS 01-640-54-00-5461 1,609.50 INVOICE TOTAL: 1,609.50 * H-2644C-80030 11/16/11 01 ADMIN SERVICES-KEN COM MATTERS 01-640-54-00-5461 4,850.68 INVOICE TOTAL: 4,850.68 * CHECK TOTAL: 12,889.51 512399 GODWINL LISA GODWIN 101811 11/17/11 01 ADMIN-OCTOBER 18 PW MEETING 01-110-54-00-5462 32.76 02 MINUTES ** COMMENT ** INVOICE TOTAL: 32.76 * 111511 11/21/11 01 ADMIN-NOVEMBER 15 PWC MEETING 01-110-54-00-5462 70.00 02 MINUTES ** COMMENT ** INVOICE TOTAL: 70.00 * 111611 11/18/11 01 ADMIN-NOVEMBER 16 CCM MEETING 01-110-54-00-5462 61.60 -11-, DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512399 GODWINL LISA GODWIN 111611 11/18/11 02 MINUTES ** COMMENT ** INVOICE TOTAL: 61.60 CHECK TOTAL: 164.36 512400 GOLINSKI GARY GOLINSKI 120111 12/01/11 01 ADMIN-NOVEMBER MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 512401 HACH HACH COMPANY 7512763 11/21/11 01 WATER OP-CHEMICALS 51-510-56-00-5638 411.95 INVOICE TOTAL: 411.95 CHECK TOTAL: 411.95 512402 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 025724 11/23/11 01 STREETS-HOSE CLAMP, REPLACED 01-410-54-00-5495 270.12 02 AIR TANK DRAIN VALVE ** COMMENT ** INVOICE TOTAL: 270.12 * 025726 11/23/11 01 STREETS-REPLACED LR BRAKE 01-410-54-00-5495 172.26 02 CHAMBER ** COMMENT ** INVOICE TOTAL: 172.26 * CHECK TOTAL: 442.38 512403 INTEGRYS INTEGRYS ENERGY SERVICES, INC 18348885-1 11/21/11 01 WATER OP-2702 MILL ROAD 51-510-54-00-5480 823.15 INVOICE TOTAL: 823.15 * CHECK TOTAL: 823.15 -12-�_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512404 IPRF ILLINOIS PUBLIC RISK FUND 5382 11/16/11 01 ADMIN SERVICES-DECEMBER 01-640-52-00-5231 9,462.00 02 WORKER'S COMPENSATION ** COMMENT ** INVOICE TOTAL: 9,462.00 * CHECK TOTAL: 9,462.00 512405 JCM JCM UNIFORMS, INC. 658919 11/11/11 01 POLICE-2 PAIRS OF PANTS 01-210-56-00-5600 165.90 INVOICE TOTAL: 165.90 * CHECK TOTAL: 165.90 512406 JEWEL JEWEL 111711-CITY 11/17/11 01 ADMIN-COFFEE, TISSUES 01-110-56-00-5610 10.99 INVOICE TOTAL: 10.99 * CHECK TOTAL: 10.99 512407 JIMSTRCK JAMES GRIBBLE 132132 09/13/11 01 WATER OP-TRUCK INSPECTION 51-510-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 137473 10/12/11 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 39.00 INVOICE TOTAL: 39.00 * 137488 10/13/11 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 137489 10/13/11 01 STREETS-TRUCK INSPECTIONS 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 137571 10/18/11 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * -13-i_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT --------------------------------------------------------------------------------------------------------------------------------- 512407 JIMSTRCK JAMES GRIBBLE 137572 10/18/11 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 137618 10/20/11 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 137656 10/21/11 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 138251 11/28/11 01 SEWER OP-TRUCK INSPECTION 52-520-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 138257 11/28/11 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * 138268 11/29/11 01 SEWER OP-TRUCK INSPECTION 52-520-54-00-5495 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 299.00 512408 JUSTSAFE JUST SAFETY, LTD 15902 11/17/11 01 SEWER OP-FIRST AID SUPPLIES 52-520-56-00-5620 26.65 INVOICE TOTAL: 26.65 * CHECK TOTAL: 26.65 512409 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 07-2569 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 167.75 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 167.75 09-2458 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 42.75 -14-1_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512409 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 09-2458 11/02/11 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 42.75 * 10-0861 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 42.75 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 42.75 * 10-1653 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 2.75 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 2.75 * 11-0494 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 37.75 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 37.75 * CHECK TOTAL: 293.75 512410 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 111711 11/17/11 01 ADMIN-BOOKING FEE 01-000-24-00-2412 350.00 INVOICE TOTAL: 350.00 CHECK TOTAL: 350.00 512411 KCSHERIF KENDALL COUNTY SHERIFF'S OFFIC 112111 11/21/11 01 ADMIN-REIMBURSEMENTS OF 01-000-24-00-2412 70.00 02 FEE RECEIVED 09/26/11 ** COMMENT ** INVOICE TOTAL: 70.00 CHECK TOTAL: 70.00 512412 KCSTATTO KENDALL COUNTY STATES ATTORNEY 07-2569 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 1,174.25 -15-; DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512412 KCSTATTO KENDALL COUNTY STATES ATTORNEY 07-2569 11/02/11 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 1,174.25 * 09-2458 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 299.25 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 299.25 * 10-0861 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 299.25 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 299.25 * 10-1653 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 19.25 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 19.25 * 11-0494 11/02/11 01 PD CAPITAL-PORTION OF SEIZED 20-200-54-00-5462 264.25 02 VEHICLE SALE ** COMMENT ** INVOICE TOTAL: 264.25 * CHECK TOTAL: 2,056.25 512413 LANEMUCH LANER, MUCHIN, DOMBROW, BECKER 387439 11/01/11 01 ADMIN SERVICES-OCTOBER GENERAL 01-640-54-00-5463 2,447.76 02 EMPLOYMENT MATTERS ** COMMENT ** INVOICE TOTAL: 2,447.76 CHECK TOTAL: 2,447.76 512414 MENINC MENARDS INC 111011-STREBATE 11/29/11 01 ADMIN SERVICES-3RD QUARTER 01-640-54-00-5492 40,017.80 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 40,017.80 CHECK TOTAL: 40,017.80 -16-. DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512415 MENLAND MENARDS - YORKVILLE 18107 09/16/11 01 WATER OP-BATTERIES 51-510-56-00-5620 5.59 INVOICE TOTAL: 5.59 * 29771 10/31/11 01 LAND CASH-FOAM EXPANSION JOINT 72-720-60-00-6036 11.96 INVOICE TOTAL: 11.96 * 30813 11/04/11 01 STREETS-SUPPLIES FOR BEECHER 01-410-56-00-5656 52.58 02 CENTER ROOF REPAIR ** COMMENT ** INVOICE TOTAL: 52.58 * 30839 11/04/11 01 SEWER OP-SMART STRAW 52-520-56-00-5640 8.48 INVOICE TOTAL: 8.48 * 31589 11/07/11 01 STREETS-PROPANE CYLINDER 01-410-56-00-5620 2.50 INVOICE TOTAL: 2.50 * 31945 11/08/11 01 STREETS-SUPPLIES FOR BEECHER 01-410-56-00-5656 172.40 02 ROOF REPAIR ** COMMENT ** INVOICE TOTAL: 172.40 * 32130 11/09/11 01 STREETS-SUPPLIES FOR BEECHER 01-410-56-00-5656 16.85 02 ROOF REPAIR ** COMMENT ** INVOICE TOTAL: 16.85 * 33540 11/21/11 01 STREETS-RETURNED MERCHANDISE 01-410-56-00-5656 -85.60 02 CREDIT ** COMMENT ** INVOICE TOTAL: -85.60 * 33599 11/14/11 01 WATER OP-BATTERIES 51-510-56-00-5620 3.47 INVOICE TOTAL: 3.47 * 33853 11/15/11 01 STREETS-CARRBOLTS, LAG SCREWS 01-410-56-00-5656 11.80 INVOICE TOTAL: 11.80 * 35522-11 11/21/11 01 STREETS-BEECHER ROOF REPAIR 01-410-56-00-5656 168.07 -17-, DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512415 MENLAND MENARDS - YORKVILLE 35522-11 11/21/11 02 SUPPLIES ** COMMENT ** INVOICE TOTAL: 168.07 * 35547-11 11/21/11 01 STREETS-BEECHER ROOF REPAIR 01-410-56-00-5656 51.60 02 SUPPLIES ** COMMENT ** INVOICE TOTAL: 51.60 * 35590 11/21/11 01 STREETS-RETURNED MERCHANDISE 01-410-56-00-5656 -51.60 02 CREDIT ** COMMENT ** INVOICE TOTAL: -51.60 * 35598 11/21/11 01 STREETS-BEECHER ROOF REPAIR 01-410-56-00-5656 70.25 02 SUPPLIES ** COMMENT ** INVOICE TOTAL: 70.25 * CHECK TOTAL: 438.35 512416 MERLIN MERLIN 200,000 MILE SHOPS 13784 11/09/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * 13935 11/17/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 59.90 512417 METLIFE METLIFE SMALL BUSINESS CENTER 111711 11/17/11 01 ADMIN SERVICES-DECEMBER LIFE 01-640-52-00-5222 1,145.29 02 INSURANCE ** COMMENT ** INVOICE TOTAL: 1,145.29 CHECK TOTAL: 1,145.29 DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512418 METROWES METRO WEST COG 828 11/08/11 01 ADMIN-OCTOBER 27 BOARD MEETING 01-110-54-00-5412 72.00 02 FOR TWO PEOPLE ** COMMENT ** INVOICE TOTAL: 72.00 CHECK TOTAL: 72.00 512419 MIDAM MID AMERICAN WATER 72168A 10/27/11 01 WATER OP-12' CHOCKER SLING 51-510-56-00-5630 75.00 INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 512420 MJELECT MJ ELECTRICAL SUPPLY, INC. 1124776-01 11/11/11 01 LAND CASH-NEW LIGHT FOR 72-720-60-00-6036 1,120.00 02 RAINTREE PARK ** COMMENT ** INVOICE TOTAL: 1,120.00 CHECK TOTAL: 1,120.00 512421 NEXTEL NEXTEL COMMUNICATIONS 837900513-117C 11/21/11 01 COMM/DEV-MONTHLY CHARGES 01-220-54-00-5440 148.30 02 POLICE-MONTHLY CHARGES 01-210-54-00-5440 837.38 03 SEWER OP-MONTHLY CHARGES 52-520-54-00-5440 127.09 04 WATER OP-MONTHLY CHARGES 51-510-54-00-5440 195.76 O5 STREETS-MONTHLY CHARGES 01-410-54-00-5440 195.41 INVOICE TOTAL: 1,503.94 CHECK TOTAL: 1,503.94 512422 NICOR NICOR GAS 07-72-09-0117 7-1111 11/21/11 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 46.72 INVOICE TOTAL: 46.72 * CHECK TOTAL: 46.72 DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512423 OHERROND RAY O'HERRON COMPANY, INC. 0044741-IN 11/07/11 01 POLICE-SHIRT 01-210-56-00-5600 44.95 INVOICE TOTAL: 44.95 * 0044742-IN 11/07/11 01 POLICE-BATON, HAT BADGE, COAT 01-210-56-00-5600 1,181.40 INVOICE TOTAL: 1,181.40 0044924-IN 11/10/11 01 POLICE-WAIST JACKET 01-210-56-00-5600 269.31 INVOICE TOTAL: 269.31 * CHECK TOTAL: 1,495.66 512424 OLSONB BART OLSON 120111 12/01/11 01 ADMIN-NOVEMBER MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 45.00 512425 PATTEN PATTEN INDUSTRIES, INC. PM600202786 11/03/11 01 WATER OP-PROCESSED OIL SAMPLE 51-510-56-00-5638 20.00 INVOICE TOTAL: 20.00 * CHECK TOTAL: 20.00 512426 QUILL QUILL CORPORATION 7878124 11/07/11 01 POLICE-TONER 01-210-56-00-5610 80.49 INVOICE TOTAL: 80.49 * CHECK TOTAL: 80.49 512427 R0000594 BRIAN BETZWISER -20-�_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512427 R0000594 BRIAN BETZWISER 010112-38 12/01/11 01 PW CAPITAL-INTEREST PYMT #38 21-211-92-00-8050 4,472.98 02 FOR 185 WOLF STREET ** COMMENT ** 03 PW CAPITAL-PRINCIPAL PYMT #38 21-211-92-00-8000 2,384.94 04 FOR 185 WOLF STREET ** COMMENT ** INVOICE TOTAL: 6,857.92 * CHECK TOTAL: 6,857.92 512428 R0000987 ASHLEY ASTA 110511 11/05/11 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 450.00 INVOICE TOTAL: 450.00 * CHECK TOTAL: 450.00 512429 RATOSJ RATOS, JAMES 111011-STREBATE 11/29/11 01 ADMIN SERVICES-3RD QUARTER 01-640-54-00-5492 4,096.87 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 4,096.87 CHECK TOTAL: 4,096.87 512430 SCHWARTD SCHWARTZKOPF, DON 111711 11/17/11 01 POLICE-FBI RETRAINER DUE 01-210-54-00-5460 25.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 25.00 CHECK TOTAL: 25.00 512431 SERVMASC SERVICEMASTER COMM. CLEANING 154502 11/15/11 01 ADMIN-MONTHLY CITY OFFICE 01-110-54-00-5488 1,196.00 -21- DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512431 SERVMASC SERVICEMASTER COMM. CLEANING 154502 11/15/11 02 CLEANING ** COMMENT ** INVOICE TOTAL: 1,196.00 CHECK TOTAL: 1,196.00 512432 SHELL SHELL OIL CO. 065159923111-PW 11/04/11 01 STREETS-GASOLINE 01-410-56-00-5695 1,075.29 02 WATER OP-GASOLINE 51-510-56-00-5695 1,075.29 03 SEWER OP-GASOLINE 52-520-56-00-5695 1,075.29 INVOICE TOTAL: 3,225.87 * CHECK TOTAL: 3,225.87 512433 SHELL SHELL OIL CO. 065356230111-PD 11/11/11 01 POLICE-GASOLINE 01-210-56-00-5695 4,422.01 INVOICE TOTAL: 4,422.01 * CHECK TOTAL: 4,422.01 512434 SHREDIT SHRED-IT 021436883 11/16/11 01 ADMIN-BI-MONTHLY SHREDDING 01-110-54-00-5462 90.95 INVOICE TOTAL: 90.95 * CHECK TOTAL: 90.95 512435 SMIECOSY SMITH ECOLOGICAL SYSTEMS INC. 15003 11/11/11 01 WATER OP-PARTS FOR CHLORINE 51-510-56-00-5638 432.13 02 PUMP REPAIR ** COMMENT ** INVOICE TOTAL: 432.13 CHECK TOTAL: 432.13 -22-,_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512436 SOEBBINR ROMAN SOEBBING 110711 11/09/11 01 POLICE-JUVENILE TRAINING MEAL 01-210-54-00-5415 24.82 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 24.82 CHECK TOTAL: 24.82 512437 SOFTWARE SOFTWARE PERFORMANCE 410733 11/10/11 01 ADMIN SERVICES-EXTERNAL HARD 01-640-54-00-5462 319.18 02 DRIVE ** COMMENT ** INVOICE TOTAL: 319.18 410747 11/16/11 01 ADMIN SERVICES-TRAVEL CHARGES 01-640-54-00-5462 125.00 INVOICE TOTAL: 125.00 CHECK TOTAL: 444.18 512438 SPARLING SPARLING INSTRUMENTS, INC. 8888401 11/07/11 01 WATER OP-TREATMENT PLANT 51-510-56-00-5638 487.48 02 INFLOW METER ** COMMENT ** INVOICE TOTAL: 487.48 * CHECK TOTAL: 487.48 512439 SPRTFLD SPORTSFIELDS, INC. 211772 11/09/11 01 LAND CASH-INFIELD CLAY 72-720-60-00-6036 1,232.55 INVOICE TOTAL: 1,232.55 * CHECK TOTAL: 1,232.55 512440 STEVENS STEVEN'S SILKSCREENING 3364 11/15/11 01 POLICE-COLD GEAR SHIRTS 01-210-56-00-5600 2,192.00 INVOICE TOTAL: 2,192.00 * -23-i_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512440 STEVENS STEVEN'S SILKSCREENING 3365 11/15/11 01 POLICE-EMBROIDERY 01-210-56-00-5600 44.00 INVOICE TOTAL: 44.00 * 3366 11/15/11 01 POLICE-LADIES SHIRTS 01-210-56-00-5600 160.08 INVOICE TOTAL: 160.08 * CHECK TOTAL: 2,396.08 512441 STREICH STREICHERS I879657 11/09/11 01 POLICE-BOOTS 01-210-56-00-5600 99.99 INVOICE TOTAL: 99.99 * CHECK TOTAL: 99.99 512442 TAPCO TAPCO I381699 11/10/11 01 MFT-SIGN 15-155-56-00-5619 56.24 INVOICE TOTAL: 56.24 * CHECK TOTAL: 56.24 512443 TARGET TARGET BANK 111811-CITY 11/18/11 01 ADMIN-PAPER TOWELS, WATER 01-110-56-00-5610 11.90 INVOICE TOTAL: 11.90 * CHECK TOTAL: 11.90 512444 TRAFFIC TRAFFIC CONTROL CORPORATION 0000051156 10/25/11 01 STREETS-RELAY FLASH TRANSFER 01-410-56-00-5640 68.00 INVOICE TOTAL: 68.00 * CHECK TOTAL: 68.00 DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------- 512445 TUCKER TUCKER DEVELOPMENT CORP. 111011-STREBATE 11/29/11 01 ADMIN SERVICES-3RD QUARTER 01-640-54-00-5492 38,388.94 02 SALES TAX REBATE ** COMMENT ** INVOICE TOTAL: 38,388.94 * CHECK TOTAL: 38,388.94 512446 TUFFY KRIBBS AUTOMOTIVE, INC 25968 11/08/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 23.96 INVOICE TOTAL: 23.96 * 26094 11/15/11 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.95 INVOICE TOTAL: 29.95 * CHECK TOTAL: 53.91 512447 UPS UNITED PARCEL SERVICE 00004296X2461 11/12/11 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 63.55 INVOICE TOTAL: 63.55 * 00004296X2481 11/26/11 01 ADMIN-1 PKG. TO KFO 01-110-54-00-5452 83.55 INVOICE TOTAL: 83.55 * CHECK TOTAL: 147.10 512448 VISA VISA 112711-CITY 11/27/11 01 FINANCE-REOCCURRING WEBSITE 01-120-54-00-5462 196.87 02 UPKEEP FEES ** COMMENT ** 04 WATER OP-JACKETS & BIBS 51-510-56-00-5600 273.46 05 STREETS-MONTHLY CABLE 01-410-56-00-5620 19.99 06 WATER OP-MONTHLY CABLE 51-510-56-00-5620 19.98 07 SEWER OP-MONTHLY CABLE 52-520-56-00-5620 19.98 -25-,a DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------- 512448 VISA VISA 112711-CITY 11/27/11 08 FIANCE-INTERNAL CONROL 01-120-54-00-5412 195.00 09 SEMINAR, PAYROLL SEMINAR, ** COMMENT ** 10 UTILITY BILLING SEMINAR ** COMMENT ** INVOICE TOTAL: 725.28 CHECK TOTAL: 725.28 512449 VISA VISA 112711-PD 11/27/11 01 POLICE-TRAINING MEAL & PARKING 01-210-54-00-5415 43.69 02 POLICE-USB PORT, MEMORY CARD, 01-210-56-00-5640 948.44 03 KVM SWITCH KIT, TRIPP LITE ** COMMENT ** 04 POLICE-FIRE ARMS TRAINING 01-210-54-00-5412 195.00 INVOICE TOTAL: 1,187.13 CHECK TOTAL: 1,187.13 512450 WALMART WALMART COMMUNITY 112211-CITY 11/22/11 01 ADMIN-PLATES, PAPER TOWELS 01-110-56-00-5610 28.22 INVOICE TOTAL: 28.22 CHECK TOTAL: 28.22 512451 WAREHOUS WAREHOUSE DIRECT 1337040-0 11/10/11 01 ADMIN-PAPER 01-110-56-00-5610 590.00 INVOICE TOTAL: 590.00 13370737-0-C 11/09/11 01 ADMIN-PAPER 01-110-56-00-5610 501.50 INVOICE TOTAL: 501.50 1344154-0 11/15/11 01 ADMIN-BATTERIES, ADDING TAPE 01-110-56-00-5610 17.48 INVOICE TOTAL: 17.48 -26-. DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512451 WAREHOUS WAREHOUSE DIRECT 1346509-0 11/18/11 01 ADMIN-TONER 01-110-56-00-5610 166.96 INVOICE TOTAL: 166.96 CHECK TOTAL: 1,275.94 512452 WARREN WARREN GARAGE DOOR 111110 11/10/11 01 POLICE-PAIR OF SPRINGS 01-210-56-00-5640 222.38 INVOICE TOTAL: 222.38 111116 11/16/11 01 STREETS-3 PAIRS OF CABLES, 6 01-410-56-00-5656 571.00 02 ROLLERS, 1 PAIR BOTTOM ** COMMENT ** 03 FIXTURES ** COMMENT ** INVOICE TOTAL: 571.00 CHECK TOTAL: 793.38 512453 WATERPRO RI WATERMAN PROPERTIES 121811-25 12/01/11 01 WATER OP-GRANDE RESERVE COURT 51-510-75-00-7502 22,988.77 02 ORDERED PAYMENT #25 ** COMMENT ** INVOICE TOTAL: 22,988.77 CHECK TOTAL: 22,988.77 512454 WATERSYS WATER SOLUTIONS UNLIMITED, INC 30811 11/08/11 01 WATER OP-PHOSPHATE 51-510-56-00-5638 1,552.50 INVOICE TOTAL: 1,552.50 CHECK TOTAL: 1,552.50 512455 WHEELER ROSS 6 ELIZABETH WHEELER 120511 12/05/11 01 MFT-TEMPORARY EASEMENT 15-155-60-00-6073 4,400.00 -27-• DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512455 WHEELER ROSS & ELIZABETH WHEELER 120511 12/05/11 02 AQUISITION FOR GAME FARM RD/ ** COMMENT ** 03 SOMONAUK PROJECT ** COMMENT ** INVOICE TOTAL: 4,400.00 * CHECK TOTAL: 4,400.00 512456 WHOLTIRE WHOLESALE TIRE 139644 11/18/11 01 POLICE-TIRE REPAIR 01-210-54-00-5495 10.00 INVOICE TOTAL: 10.00 * CHECK TOTAL: 10.00 512457 WTRPRD WATER PRODUCTS, INC. 0229368 11/04/11 01 WATER OP-BAND REPAIR CLAMPS 51-510-56-00-5620 724.85 INVOICE TOTAL: 724.85 * 0229424 11/08/11 01 WATER OP-BAND REPAIR CLAMPS 51-510-56-00-5620 832.69 INVOICE TOTAL: 832.69 * CHECK TOTAL: 1,557.54 512458 YBSD YORKVILLE BRISTOL 0551-008811497 07/31/11 01 WATER OP-JULY SERVICES 51-510-56-00-5638 6,080.35 INVOICE TOTAL: 6,080.35 0551-009000151 10/31/11 01 WATER OP-OCTOBER CHARGES 51-510-56-00-5638 5,832.68 INVOICE TOTAL: 5,832.68 * CHECK TOTAL: 11,913.03 512459 YORKACE YORKVILLE ACE & RADIO SHACK -28-, DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 29 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512459 YORKACE YORKVILLE ACE & RADIO SHACK 141131 11/17/11 01 SEWER OP-BOLTS, NUTS 52-520-56-00-5640 10.16 INVOICE TOTAL: 10.16 CHECK TOTAL: 10.16 512460 YORKCLER YORKVILLE CLERK'S ACCOUNT 150000 11/23/11 01 PW CAPITAL-RELEASE MOWING LIEN 21-211-54-00-5462 98.00 02 WATER OP-FILE MOWING LIEN 51-510-54-00-5462 49.00 03 WATER OP-FILE WATER LIEN 51-510-54-00-5462 49.00 INVOICE TOTAL: 196.00 CHECK TOTAL: 196.00 512461 YORKPDPC YORKVILLE POLICE DEPT. 111711 11/17/11 01 POLICE-VEHICLE REGISTRATION 01-210-56-00-5620 200.00 02 AND TITLE REQUEST ** COMMENT ** INVOICE TOTAL: 200.00 CHECK TOTAL: 200.00 512462 YOUNGM MARLYS J. YOUNG 110111 11/27/11 01 ADMIN-NOVEMBER O1 EDC MEETTING 01-110-54-00-5462 48.75 02 MINUTES ** COMMENT ** INVOICE TOTAL: 48.75 110211 11/27/11 01 ADMIN-NOVEMBER 2 ZBA MEETING 01-110-54-00-5462 12.85 02 MINUTES ** COMMENT ** 03 DEVELOPER ESCROW-NOVEMBER 2 90-033-33-00-0011 51.40 04 MEETING MINUTES FOR PUBLIC ** COMMENT ** O5 HEARING FOR 312 WALTER STREET ** COMMENT ** INVOICE TOTAL: 64.25 -29-�_ DATE: 12/08/11 UNITED CITY OF YORKVILLE PAGE: 30 TIME: 15:05:34 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 12/13/11 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ 512462 YOUNGM MARLYS J. YOUNG 110311 11/13/11 01 ADMIN-NOVEMBER 3 PSC MEETING 01-110-54-00-5462 45.00 02 MINUTES ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 158.00 TOTAL AMOUNT PAID: 428,651.79 -30-, UNITED CITY OF YORKVILLE PAYROLL SUMMARY 11/19/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 9,049.73 $ 660.44 $ 9,710.17 $ 923.45 $ 689.03 $ 11,322.65 FINANCE 6,406.13 - 6,406.13 609.22 481.24 7,496.59 POLICE 75,420.19 5,940.72 81,360.91 429.84 5,987.23 87,777.98 COMMUNITY DEV. 7,172.80 - 7,172.80 603.39 535.28 8,311.47 STREETS 9,688.27 29.98 9,718.25 924.20 721.13 11,363.58 WATER 8,778.16 359.13 9,137.29 868.96 671.57 10,677.82 SEWER 5,521.25 - 5,521.25 525.06 413.08 6,459.39 PARKS 13,849.52 - 13,849.52 1,317.08 1,027.02 16,193.62 RECREATION 10,477.85 - 10,477.85 962.91 769.87 12,210.63 REC. CENTER 8,073.04 - 8,073.04 425.95 617.73 9,116.72 LIBRARY 16,347.48 - 16,347.48 889.50 1,222.80 18,459.78 TOTALS $ 170,784.42 $ 6,990.27 $ 177,774.69 $ 8,479.56 $ 13,135.98 $ 199,390.23 TOTAL PAYROLL $ 199,390.23 -31- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 12/9/2011 REGULAR OVERTIME TOTAL IMRF FICA TOTALS ADMINISTRATION $ 10,517.39 $ - $ 10,517.39 $ 1,000.21 $ 750.78 $ 12,268.38 FINANCE 6,406.15 - 6,406.15 637.75 504.19 7,548.09 POLICE 79,792.45 3,995.25 83,787.70 429.84 6,175.35 90,392.89 COMMUNITY DEV. 6,940.80 - 6,940.80 633.82 517.52 8,092.14 STREETS 9,688.26 - 9,688.26 921.36 718.88 11,328.50 WATER 8,778.14 369.59 9,147.73 869.95 672.38 10,690.06 SEWER 5,521.24 - 5,521.24 525.06 413.08 6,459.38 PARKS 13,899.10 - 13,899.10 1,336.05 1,042.26 16,277.41 RECREATION 9,460.42 - 9,460.42 866.37 692.00 11,018.79 REC. CENTER 6,451.20 - 6,451.20 373.98 501.32 7,326.50 LIBRARY 15,900.11 - 15,900.11 889.50 1,188.57 17,978.18 TOTALS $ 173,355.26 $ 4,364.84 $ 177,720.10 $ 8,483.89 $ 13,176.33 $ 199,380.32 TOTAL PAYROLL $ 199,380.32 -33-, UNITED CITY OF YORKVILLE CITY COUNCIL Tuesday, December 13, 2011 PA YROLL DATE BI-WEEKLY 11/19/2011 $199,390.23 BI-WEEKLY 12/9/2011 $199,380.32 ACCOUNTS PAYABLE BILLS LIST 12/13/2011 $428,651.79 WIRE TRANSFERS BNY MELLON WIRE TRANSFER-YORKVILLE 2004 1PRINCIPAL PMT 12/27/2011 $170,000.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2004/INTEREST PMT 12/27/2011 $12,046.25 BNY MELLON WIRE TRANSFER-YORKVILLE 20048/PRINCIPAL PMT 12/27/2011 $160,000.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2004B/INTEREST PMT 12/27/2011 $49,325.00 BNY MELLON WIRE TRANSFER-YORKVILLE 20040/PRINCIPAL PMT 12/27/2011 $95,000.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2004C/INTEREST PMT 12/27/2011 $4,370.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2005A/PRINCIPAL PMT 12/27/2011 $195,000.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2005A/INTEREST PMT 12/27/2011 $64,589.38 BNY MELLON WIRE TRANSFER-YORKVILLE 2007A/PRINCIPAL PMT 12/27/2011 $10,000.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2007A/INTEREST PMT 12/27/2011 $61,933.13 BNY MELLON WIRE TRANSFER-YORKVILLE 20050/PRINCIPAL PMT 12/27/2011 $90,000.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2005C/INTEREST PMT 12/27/2011 $38,862.50 BNY MELLON WIRE TRANSFER-YORKVILLE 2006A/PRINCIPAL PMT 12/27/2011 $70,000.00 BNY MELLON WIRE TRANSFER-YORKVILLE 2006A/INTEREST PMT 12/27/2011 $44,253.13 TOTAL DISBURSEMENTS $1,892,801.73 -35- `"`'O CO. Reviewed By: Agenda Item Number J$ O� Legal ❑ CA#2 Finance ❑ EST. '�� � 1836 Engineer ■ O �� �l~� (0 City Adminis rator El Tracking Number °°"a�a' ® Consultant ❑ K-11 C PW 2011-60 ounty El CE Agenda Item Summary Memo Title: Rush-Copley—Letter of Credit Reduction Meeting and Date: City Council—December 13, 2011 Synopsis: Recommend Reduction of LOC in the amount of$149,804.42 Council Action Previously Taken: Date of Action: PW 10/18/11 Action Taken: Move forward to City Council for approval Item Number: PW 2011-60 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: n p Memorandum EST., 1836 To: City Council From: Bart Olson, City Administrator 0 iii � �� Date: December 8, 2011 Subject: PW 2011-60 Rush Copley Phase I LOC reduction LLE �®• Summary Approval of a letter of credit reduction that should have been on the 10/25 City Council agenda under PW 2011-60, but was omitted from the motion due to a scrivener's error. Background At the October Public Works Committee meeting, the committee recommended two Rush Copley letters of credit be reduced, due to completed work on their site. When the materials progressed from Public Works Committee to City Council, a reference to the second letter of credit was accidentally omitted and thus the motion for approval was drafted without referencing the second letter of credit. Nothing on this agenda item has changed from the October Public Works Committee meeting, so the materials have been resubmitted on this agenda for approval. Memorandum To: Bart Olson, City Administrator EST. 1836 From: Brad Sanderson, EEI CC: Eric Dhuse,Director of Public Works 0 Krysti Barksdale-Noble, Community Dev. Dir. A! Vy Lisa Pickering,Deputy City Clerk Date: October 12, 2011 Subject: Rush-Copley—Phase I Attached please find a request f rom Cemcon, Ltd. to reduce the letters of credit (LOC) and accept the Phase I Sitework and Phase I Healthcare Center improvements for the Rush-Copley development. All outstanding punchlist items for above referenced projects are complete. Attached, please find the proposed Bill of Sale, which we have forwarded to the developer to execute. We recommend that the public improvements for waten-nain, sanitary sewer, storm sewer, paving, streetlighting, and parkway landscaping as described in the Bill of Sale be accepted for ownership and maintenance by the City. Corresponding to final acceptance is a LOC reduction to 10% of the value of the public improvements. We recommend that Old Second Bank LOC#60101002503 for Phase 1 Sitework be reduced by the amount of $110,609.69. The remaining amount of the LOC would be $104,613.80. We also recommend that Old Second Bank LOC #301000548 for Phase I Healthcare Center be reduced by the amount of$149,804.42. The remaining amount of the LOC would be $102,607.51. Both LOC's would remain in place during the one-year warranty period. Please refer to the attachments for details. Please note that the correct amounts appear on our spreadsheets. Per Resolution 2004-52, the City Council is to accept the improvements by resolution after the City Engineer and Director of Public Works has made recommendations on the development. The above letter of credits will be used as the ten percent(10%)maintenance bond required to be in place for one year after acceptance. Please incorporate this into the next public works meeting for discussion and the next available City Council meeting for approval. CEMCON, LTD. CONSULTING ERGINEERS,:LAND SURVEYORS•&i PLANNERS July 25, 2011 it Via fmail knoble0yorkvilleAl.us an U.S.Mail j II Ms. Krysti Barksdale-Noble Community Development Director j United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Letter of Credit Reduction Request-No.2 and Final"Acceptance Rush-Copley Healthcare Center Phase 903.667(Task Dear Krysti: i Letter of Credit (LOC) No. 30100548 established as residual surety during the initial acceptance period for the earthwork, erosion control and storm sewers for the Rush-Copley Healthcare Center Phase I project in the amount of $252;411:63 is set to mature in December of 20.11. Letter of Credit No. 60101002503 established as residual surety during the initial acceptance, i period for the public sanitary sewer, public water main, Beecher Road pave'me'nts*,wd'private. ' landscaping for Phase I is set to mature in May of 2012. These public and private improvements have been completed and in service for four '(4) or more years and- the one 0) year initial acceptance period ended in February of 2011*- On behalf of Rush-Copley; we are therefore requesting final acceptance:of these improvements and release of all but 10% of the Original Improvement Cost.Estimate under both letters:of credit as set forth on the attached Letter of Credit Reduction forms. The renewed letters of credit will terminate at the end of the one (1) year ,warranty period against defects in material and workmanship unless the City files a warranty claim. i Sinc ly, TN, Ltd. W. Bu E. CEO RWB:pb Enc. cc: Frank Ferguson—Rush-Copley Kirk Kruse—Rush-Copley H190366ALETlER=7=2611 Barksdale-Noble @ Yorkville-Letter of Credit Reduction-Request No.2.doo . i. 2280 White Oak Circle,Suite 100 • Aurora,Illinois 60502-9675 Phone:630.862.2100 Fax:630.862.2199 Website:www.cemcon:com CITY OF YORKVILLE July 2-5i 2011. LETTER OF CREDIT REDUCTION REQUEST NO. 2 RUSH-COPLEY HEALTMAIRECIENTER—PHASE1 Subdivision Project: Rush-Copley Healteare Centhe-Phase I Date of b4ginal Bond I, C: Q JAR-07 Reduction: No.2 ENR-,CG't.ndexfor.dat&,df original bond/LOC 7896 L.O.C. No. -Old Second Bank No.1010005.48 Current ENRrC.C:Undext 6016 LGG/Bond,Amount- Amount of Amount of to ReimAjlq-After Approved Original Amount for Reduction :Reduction No. Reduction Item 'Engineers Estimate LOC/Bond .2(a) No:2(o I Earthwork $ 599,5241:00 $ 689,1922.20 $ 557,981.27 $ 71,988.53 59,952.40 2 Erosion Control 113,•982A0 154,010.92 72i4:85.48 $ 10,127.14 11,10820 3 Storm Sewer 176,964.50 328,835.10 289,880A4 $ 21,249.2 1 1 $ 17,696.46 Total $ 890,470.50 1,172i769.12. $ 920,359.19 $ 163,364,A8: Notes: a.) LOC/Bond amount to be 20%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b.) LOC/Bond reduced to 10%of final acceptance for one(1)year warranty.period. c.) LOC/Bond amt.to remain is updated based on Engineering News Record-Construction.Cost Index d.) Manual input.required for cells highlighted in yellow._ HA903366AENGINEERk 07425-I1 LETTER OF CREDIT R.iED,UCTION-REQUEST NO.Z,)ds I:OC x/30]000548 CITY OF YORKVILLE July 25,2011 LETTER OF CREDIT REDUCTION REQUEST N'01 2 RUSK-COPLEY HEALTHCARE CENTER—PHASE 1 Subdivision 1.Project: Rush-Copley-Phase 1 Sitework Date of.Original.Bond LOC: Nov-O'.7' Reduction: No.2 ENR-.CC Index for date:of original bond/LOC .80.92 L.O:C. No. Old Second Bank No:60101002503 Current ENR-CC Index:. 8080 LO'C/Bond,Atnount Amount.of Ariiioont of to Remain After Approved Original Amount'for Reduction Reduction No. Reduction' No.. Item En'gineers.Estimate LOC/Bond No.1(a) 2(a) 2(b) 1 Earthwork 0':00 0.:00 0;00, 0,00 See Earthwork.-LOC 2 Erosion Control 0.00 0.00 0.00 .0.00 See Earthwork LOC. 3 Storm Sewer 0.00 0.00 0.00 :0.00 See Earthwork LOC 4 Sanitary Sewer $ 44,910;00 $ 49,401.00 $ 39,776.32 $ 5,133.68 $ 4,491.00 5 Watermain 127,426.00 140,168.60 112,859.88 14,566.12 12;742.60 6 Beecher Road 388,844.90 427,729.39 344,395.87 44,449.03 38,884.49 7 Landscaping (See 371,126.20 215,041.71 120,075.14' 57;853.95 37,112.62 also Earthwork LOC) Total $ 932,307.10 $ 832,340.70 ;$ 611,107.21 $ 122,002.78 :$ 93,230.71 Notes: a.) LOC/Bond amount to be 20%of substantially completed items plus 11:0%of uncompleted items;prior.to final acceptance. b.) LOCiBbnd reduced to 10%of•final°acceptance for one(1)year warranty period. c.) LOCIBbnd amt to remain is updated based-gn'Engineering News Record-Cons#ruction Cost Index d.) Manual input required for cells highlighted in yellow. H:0036671ENG1NEEM b7-25-11 LEMR O.F CRE0,11'REQUCTIQ_N-R.EQJ�EST�NQ.Zxls LbC i1501ibi 00250,3 City of Yorkville 12-Oct-11 Letter of Credit/Bond Reduction Subdivision: Rush Copley Phase 1 Sitework Date of last bond/LOC adjustment: Nov-07 Reduction No. 2 ENR-CC Index for date of last adjustment: 8092 Bond/LOC No. 'Old Second Bank LOC#60101002503 Current ENR-CC Index: 9080 LOCBond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eng.Est. for LOC/Bond Prior to Reduction No.2 to Reduction No.2 Reduction No.2 after Red.No.2 Earthwork $0.00 $0.00 $0.00 $0.00 $0.00 See Earthwork LOC Erosion Control $0.00 $0.00 $0.00 $0.00 $0.00 See Earthwork LOC Storm Sewer $0.00 $0.00 $0.00 $0.00 $0.00 See Earthwork LOC Sanitary Sewer $44,910.00 $49,401.00 $9,624.68 $39,776.32 $4,585.35 $5,039.33 Watermain $127,426.00 $140,168.60 $27,298.72 $112,859.88 $13,000.30 $14,298.42 Beecher Road $388,844.90 $427,729.39 $83,333.52 $344,395.87 $39,701.39 $43,632.13 Lansdcaoina(See also Earthwork LOCI $371;126.20 $215.041.71 $94.966.57 $120.075.14 $53,322.65 $41,643.92 Totals $932,307.10 $832,340.70 $215,223.49 $617,107.21 $110,609.69 $104,613.80 Notes: a)LOCBond amt.to be 20%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b)LOC/Bond reduced to 10%at final acceptance. c)LOC/Bond amt.to remain is updated based on Engineering News Record-Construction Cost Index d)Manual input required for cells highlighted in yellow. City of Yorkville 12-Oct-11 Letter of Credit/Bond Reduction Subdivision: Rush Copley Healthcare Center Phase 1 Date of last bond/LOC adjustment: Jan-07 Reduction No. 2 ENR-CC Index for date of last adjustment: 7880 Bond/LOC No. Old Second Bank LOC#301000548 Current ENR-CC Index: 9080 LOC/Bond Approved Original amount LOC/Bond Amt. Amount complete prior Amount of Amount to remain Item Eno. Est. for LOC/Bond Prior to Reduction No.2 to Reduction No.2 Reduction No.2 after Red. No.2 Earthwork . $599,524'00 $689,922.20 $131,940.93 $557,981.27 $62,858.72 $69,082.21 Erosion Control $113,982.00 $154,010.82 $81,525.34 $72,485.48 $68,391.37 $13,133.97 Storm Sewer $176:964.50 $328.835.10 $38.945.66 $289.889.44 $18.554.32 $20,391.34 Totals $890,470.50 $1,172,768.12 $252,411.93 $920,356.19 $149,804.42 $102,607.51 Notes: a) LOC/Bond amt.to be 20%of substantially completed items plus 110%of uncompleted items prior to final acceptance. b)LOCBond reduced to 10%at final acceptance. c) LOC/Bond amt.to remain is updated based on Engineering News Record-Construction Cost Index d)Manual input required for cells highlighted in yellow. i I i BILL OF SALE Seller, in consideration of One and 00/100th Dollar ($1.00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, the United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in 1 Exhibit A attached hereto. I Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power,and authority to sell said property and to make this Bill of Sale. I IN WITNESS WHEREOF, Seller has signed and sealed this Bill of Sale at this day of , 20_. i Subscribed and Sworn to before me this day of ,20—. i I Notary Public I i I I I 1 _A AMA, /.7 AV A N' NJ N All N t J. Tj RUSH-COPLFEWY310DICAL CENTER CEMCON, Ltd. W, OVERALL SITE PLAN 2000 OGDEN AVENUE RUSH-COPLEY HEALTHCARE CENTER PHASE I AURORA, IL 60 504 PH: (630) 978-4972 6� om: xa 46 Reviewed By: Agenda Item Number J T Legal ❑ Minutes #1 leas esEST. `' Finance ❑ ` Engineer ❑ Tracking Number � � (0 City Administrator ❑ Consultant ❑ K-k Cwmy CC 2011-131 ` dCt E `oti• ❑ Agenda Item Summary Memo Title: Minutes of the City Council—November 22, 2011 Meeting and Date: City Council 12/13/11 Synopsis: Approval of minutes. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: City Clerk Warren Name Department Agenda Item Notes: DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY ILLINOIS HELD IN THE CITY COUNCIL CHAMBERS 800 GAME FARM ROAD ON TUESDAY,NOVEMBER 22 2011 Mayor Golinski called the meeting to order at 7:00 p.m.and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward 11 Milschewski Present Kot Present Ward III Munns Absent Funkhouser Present Ward IV Spears Present Teeling Absent Also present: City Clerk Warren,City Treasurer Powell,City Attorney Orr,City Administrator Olson, Police Chief Hart,and Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Sanderson,and Community Development Director Barksdale-Noble QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Swearing in of Part-Time Patrol Officer Don Gardiner Mayor Golinski swore in Part-Time Patrol Officer Don Gardiner. PUBLIC HEARINGS PC 2011-11 Grande Reserve Amended Annexation Agreement and Planned United Development Agreement Mayor Golinski entertained a motion to open Public Hearing.So moved by Alderman Spears;seconded by Alderman Gilson.No one was present to comment.Mayor Golinski entertained a motion to close Public Hearing and bring it back in two weeks for the next City Council meeting.So moved by Alderman Spears;seconded by Alderman Colosimo. CITIZEN COMMENTS Jesus Alaniz,Colonial Parkway,addressed the City Council.(See attached.) Anthony Moauro,Timbercreek Drive,discussed the Rec Center.This vote involves 1400 members.The Rec center is a daily town hall where all people from all professions and walks of life meet and discuss many issues.To make the rec center revenue neutral the center needs 100 new members.Look at the intrinsic value and the goodwill of the rec center that it has for all of the citizens that attend. CONSENT AGENDA 1. Bills for Approval-$730,744.81 (CC 2011-125) 2. 2011 Miscellaneous Bituminous Patching—MFT Payment to Aurora Blacktop—approve payment in the amount of$47,092.90 to Aurora Blacktop,Inc. (PW 2011-64) 3. Autumn Creek Bond Reductions—approve reduction to Safeco Insurance Company ofAmerica Bond#6346371 in the amount of$191,182.48,Fidelity&Deposit Company Bond #08824717 in the amount of$1,300,113.90,Safeco Insurance Company ofAmerica Bond #6414740 in the amount of$94,469.61,and Bond Safeguard Insurance Company Bond#5030622 in the amount of$350,298.90 subject to verification that the developer has no outstanding debt awed to the City for this project(PW 2011-66) 4. Kendall Marketplace Improvements—Payment to Wilkinson Excavating—approve payment in the amount of$61,057.18 to Wilkinson Excavating,Inc. (PW 2011-67) 5. Monthly Treasurer's Report for October 2011 (ADM 2011-63) 6. Resolution 2011-27 Authorizing the Closing of a Flexible Spending Account with Castle Bank— authorize Mayor and City Clerk to execute(ADM 2011-65) 7. Audit RFP—authorize staff to issue request for proposals for auditing services for the fiscal years ending April 30,2012 through April 30,2014(ADM 2011-66) The Minutes of the Regular Meeting of the Citv Council—November 22 2011—Page 2 of 7 8. Levy Year 2011 Special Tax Requirements&Special Tax Abatements for SSAs(ADM 2011-67) a. Ordinance 2011-66 Abating Special Service Area Taxes for Special Service Area Number 2003-100(Raintree Village Project)and Approving the Amended Special Tax Roll—authorize Mayor and City Clerk to execute b. Ordinance 2011-67 Abating Special Service Area Taxes for Special Service Area Number 2003-101 (Windett Ridge Project)and Approving the Amended Special Tax Roll—authorize Mayor and City Clerk to execute c. Ordinance 2011-68 Abating Special Service Area Taxes for Special Service Area Number 2004-104(Central Grande Reserve)and Approving the Amended Special Tax Roll—authorize Mayor and City Clerk to execute d. Ordinance 2011-69 Abating Special service Area Taxes for Special Service Area Number 2004-107(Raintree Village II Project)—authorize Mayor and City Clerk to execute e. Ordinance 2011-70 Abating Special Service Area Taxes for Special Service Area Number 2005-109(Bristol Bay I Project)and Approving the Amended Special Tax Roll —authorize Mayor and City Clerk to execute f. Ordinance 2011-71 Abating Special Service Area Taxes for Special Service Area Number 2004-106(Total Grande Reserve)—authorize Mayor and City Clerk to execute 9. Contingency Authorization for City IT Equipment—authorize staff to use contingency funds for the City server project and related IT expenditures(ADM 2011-68) 10. Ordinance 2011-72 Amending Ordinance 2003-31 Entitled"An Ordinance Amending Ordinance No. 1990-24 An Ordinance Setting Forth the Standards and Regulations for Payment For Development and Extension of Utility Costs Upon Annexation and/or Planned Unit Development "Clarifying the Use of Fees Payable to the City Library Fund—authorize Mayor and City Clerk to execute(ADM 2011-36) Mayor Golinski entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Kot;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye,Milschewski-aye,Spears-aye, Funkhouser-aye,Gilson-aye,Kot-aye MINUTES FOR APPROVAL CC 2011-126 City Council Minutes—November 8,2011 Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for November 08,2011.So moved by Alderman Spears;seconded by Alderman Kot. Alderman Gilson page 3,and paragraph should state when the City only has$100,000 under capital improvements.Alderman Colosimo stated page 4 last paragraph who is he?Alderman Funkhouser stated on page 3,3'd paragraph should be within paragraph 4 between Alderman Spears and Alderman Teeling's comments.Also,in paragraph 3,second to last sentence it should state facts and engineering.On page 5, under Regarding City Council Procedures,6'h line should not have a question mark.Mayor Golinski,last page,spelling of Greg Jarrett was incorrect. A motion was made by Mayor Golinski to approve the minutes as amended. Amendments approved unanimously by a viva voce vote. REPORTS MAYOR'S REPORT Proclamation for National Drunk and Drugged Driving(3-D)Prevention Month (CC 2011-127) Mayor Golinski read this Proclamation.(See attached) Appointment to Zoning Board of Appeals—Anthony Pekich (CC 2011-128) Mayor Golinski entertained a motion to approve the Mayor's appointment of Anthony Pekich to the Zoning Board of Appeals.So moved by Alderman Spears;seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-0 Gilson-aye,Funkhouser-aye,Kot-aye, Colosimo-aye,Spears-aye,Milschewski-aye City Insurance Renewal (CC 2011-129) Mayor Golinski entertained a motion to authorize entering into a one-year insurance agreement with Glatfelter in an amount not to exceed$289,476.00.So moved by Alderman Spears;seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council—November 22 2011—Page 3 of 7 City Administrator Olson stated the coverage's are a little different from policy that the City is proposing to use verses what the City currently has.In general the City is looking at a significant reduction. There was discussion between Alderman Gilson and Mike Alesia,from Mesirow financial.Travelers was not going to provide coverage for the City's incidental general liability exposure for the Glenn Palmer Dam.They were only providing a million dollar limit.The City needs$10 million.The City found five other carriers to provide quotations that were going fully cover the Glenn Palmer Dam.Travelers found out and decided to provide the full limit,but were going to come back and risk control it in April.AAIC is the same as Glatfelter.Glatfelter is a program manager.They run municipal insurance programs.AAIC is a very large and significant insurance company that actually is rated higher than Travelers.Glatfelter runs the program that procures the insurance for AAIC.The 10.8%increase in blanket real and personal property insurance coverage was a direct result of increased values.Although real estate values are going down,Mr.Alesia insures the cost to reproduce your building.He replaces the building at the current cost. The real estate market is depressed but the cost he replaces it is not depressed.Your house is x,and although it is not worth more it is still going to cost you that original x if not more to rebuild it.Depressed real estate is unfortunately why people are underwater.Mr.Alesia wanted to point out that currently for workers compensation the City is with the Illinois Public Risk Fund and for the first time this year Yorkville is being awarded a$6200 safety grant. City Administrator Olson asked if the motion should be amended to include the Illinois Public Risk fund for workers compensation character.The original motion just referenced Glatfelter,which are two different companies.City Attorney Orr stated yes,she would recommend that it says the insurance premium would reflect Glatfelter and the Illinois Public Risk Fund for workers compensation.City Attorney Orr asked for a withdrawal of the prior motions.Alderman Spears withdrew her motion,and the second was withdrawn from Alderman Milschewski. City Attorney Orr stated motion to approve Glatfelter as well as the Illinois Public Workers Compensation Insurance.So moved by Alderman Spears;seconded by Alderman Milschewski. Alderman Colosimo stated when individuals point out about hidden costs and issues when the Council does not do its due diligence,our bottom line is focused on.The old jail needs to be unloaded.It added another$362,000 in assets to the City's bottom line.The City has almost a 10%increase in premiums, which is due to approximately a 3%increase in billing costs over the last year.That is understandable,but of the total billing cost that the City has in our municipality of$14.883 million,2 1/2 percent of that is the old jail.He wanted to point out how these cost do come back and cost the taxpayers'money. Motion approved by a roll call vote. Ayes-6 Nays-0 Funkhouser-aye,Kot-aye,Colosimo-aye, Spears-aye,Milschewski-aye,Gilson-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2011-73 for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,2012 and Ending April 30,2013 for the United City of Yorkville (ADM 2011-56) A motion was made by Alderman Spears to approve an ordinance for the Levy an assessment of taxes for the fiscal year beginning May 1,2012 and ending April 30,2013 and authorize the Mayor and City Clerk to execute;seconded by Alderman Funkhouser. Alderman Spears explained the fundamentals of the Levy and assessment of taxes and its relationship to the consumer price index.Based on a house of$200,000,if the County took the natural increase in the Levy,that homeowner would pay$48.06 more to the County and property taxes for 2012.There are 10 taxing bodies.If everybody increases$48,she thinks Yorkville is going to have citizens leaving Kendall County.She is going to vote against this.Alderman Gilson agreed with Alderman Spears.Taking the maximum levy,the Council sends the message to other taxing bodies that it is acceptable to take maximum tax caps.He believes this framework leads to higher taxes and therefore will voting against this ordinance.Alderman Colosimo asked what the Council needs to do to use a lower tax cap value.City Administrator Olson stated taking a lower dollar amount the Council would have to amend the ordinance to reduce the tax levy and would not need to re-notice.Mayor Golinski asked if the general fund is The Minutes of the Regular Meeting of the Citv Council—November 22 2011—Page 4 of 7 lowered,yet the library expects a set amount,would the City be obligated to that original amount or an equal percentage of the new amount. City Administrator Olson stated there are a couple different factors.One is the ordinance itself contains the amount above what the City actually thinks it is going to get.Fredrickson and Olson's estimates of the actual tax Levy dollar amounts are about$86,000 or so more that what the City received last year.At this point what the City actually thinks it is going to get is being divvied up between the library,and the remaining increment is going to go into the police pension fund.If the Council were to reduce the amount,and not ask for any more dollars than the City did last year,the Council would be shorting the library and police pension fund obligation.Alderman Colosimo inquired about the deadline for the automatic funding for the police pension fund,which is 2016.Alderman Colosimo made a public comment stating why he will be reluctantly voting in favor of this.The reason our number has gone up partly is because the City has new construction and properties that come onto the tax roll.By voting for this new number the residents taxes for Yorkville's portion is actually going to go down next year.If the Council doesn't start paying down the police pension,in 2016 it kicks in for a three-year increment of a third in 2016,two thirds in 2017,and 100%in 2018 of taking out of our motor fuel tax.The City is required to get that pension solvent. Alderman Gilson stated during his time on this Council,there has been talk about the police pension fund. The Council has heard for years that everything is fine and the City is sufficiently funded.This year the City wants to take everything all at once and catch it up.He thinks that is the wrong way to go about it. Alderman Colosimo stated this won't catch it up.The City has future obligations to catch this fund up,so if the City doesn't start now,when will it.Alderman Funkhouser stated that also ties into our discussion about our road study.If the City jeopardizes its MFT,then it is jeopardizing other obligations that the City is committing to.If the City can't fund the police pension,then it is not going to be able to fund any of our roads because they are going to start taking those funds from us.This will jeopardize our money for future projects.Alderman Gilson stated if residents can't pay their bills and the City keeps taxing them,then people are going to leave.Alderman Spears also stated that for years the Council has been told that the police pension fund is underfunded but the City has been assured that was alright.She supports our police department but thinks when the City works on the next budget;it can allocate the appropriate amount of money and put it towards the police pension fund.At this time she cannot support asking for the highest levy possible. City Treasurer Powell and Finance Director Frederickson believe it is sales tax,not motor fuel tax that the extra money comes from if the City doesn't fund it by 2016.Alderman Colosimo stated that is even worse.City Treasurer Powell stated he has expressed the status of the police pension starting from when they went from IMRF to a police pension,which underfunded it.The City has been playing catch-up ever since.In the discussion where he listed numerous times that the City was doing okay,the City's percentage of funding had increased over that period of time.In recent years it has some but not enough. The law was just passed that now says in 2016 the City must fund the police pension at 100%or they take a third of the City's sales tax in 2016,two thirds in 2017,and 100%of the difference in 2018.He never stated the City is perfectly fine.The City has till 2016 to make this happen.Alderman Gilson stated when the Council discussed the pensions last year;they were told that things were okay.Alderman Funkhouser asked when was the legislation passed required it to be done by 2016.City Treasurer Powell does not remember but believes it was within the last six months to a year.Alderman Funkhouser said this discussion about the mandated deadline has not come up in the past.He doesn't like the fact that the City has a$25,000 increase by the library board.He asked if the City has any control over that.City Attorney Orr stated not to her understanding.The library has a certain percentage and they are not levered by a dollar amount but by a percentage. City Administrator Olson stated the technical requirements of the property tax cap gives the Council authority to apply a limiting rate to each individual levy within the City's umbrella.The library could be subject to that tax cap.That would require separate agenda item in a separate ordinance or resolution by the Council.City Attorney Orr stated does not think so.Alderman Gilson stated the Council needs to start voting for necessities versus non-necessities and start targeting surpluses towards things like this. Alderman Spears stated the City is talking about$77,000 going into the police pension.How much is the police pension underfunded?Finance Director Frederickson stated 25,000 are going to the library so 52,070 are going to the police pension.The levy amount based on the expert evaluation is about $542,000.That is the levy they recommend in order to get things back the way they need to be.City Administrator Olson stated the City has the highest dollar amount,which would finalize the City's goal in 2016.Then the City has a 542,which is what the police pension board recommends.The goal is higher than that and the City is currently projections to get$413,000.Even with the 413 which is$2000 over what we got last year,we are still lagging behind what the police pension board recommends,which is lagging behind the statutory requirement in 2016.Alderman Spears brought up the road study$400,000. The City has other things this Council has passed that are great tools but at this time she would rather spend that money and put it in the police pension fund.This is something the City should have been looking at for years.She wants to go on the record as stating this. The Minutes of the Regular Meeting of the City Council—November 22 2011 Page 5 of 7 Mayor Golinski asked Finance Director Fredrickson the overall tax rate was.92 and the estimated tax rate for next year's is.68,which is a decrease of 30%from last year.If the City went with a different levy amount,lowered the levy amount,to last year's levy amount,what effect would that have on the overall tax rate.Finance Director Frederickson stated that he is not sure it would have an effect.The reason the tax rate was higher last year was that the City included more debt service. Motion approved by a roll call vote. Ayes-4 Nays-3 Funkhouser-aye,Kot-aye,Colosimo-nay,Spears-nay, Milschewski-aye,Gilson-nay,Golinski-aye City Administrator Olson asked City Attorney Orr if that ordinance needs a majority of the sitting City Council members or the currently present City Council members. City Attorney Orr will verify this because this is a unique situation.She believes the vote is fine the way it stands.For the record,the City Council will consider it passed,and she will verify that there isn't a special rule when it comes to the tax Levy. Ordinance 2011-74 Providing for the Submission to the Electors of the United City of Yorkville Kendall County,the Public Question Whether the City Should Have the Authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers Who Have Not Opted Out of Such Program (ADM 2011-49) A motion was made by Alderman Spears Providing for the Submission to the Electors of the United City of Yorkville,Kendall County,the public question whether the City should have the authority under the Illinois Power Agency Act and Public Act 96-176 to Arrange for the Supply of Electricity for its residential and small commercial retail customers who have not opted out of such program and authorize the Mayor and city clerk to execute;seconded by Alderman Funkhouser. Alderman Colosimo's overall problem with the referendum is the uncertainty of cost and he found companies that offer residents programs to reduce energy costs.He doesn't think the Council should force a company upon the residents and then have the residents have to opt out of that decision.He is going to vote no on this issue. Alderman Gilson stated the Council is looking at this to ultimately lower the City and resident's rates.He believes this is a good idea.The residents have the option of opting out.City Attorney Orr stated the intent of this referendum is to allow the municipality to do the negotiations to give the residents another choice.Alderman Colosimo said isn't the rate only locked in with Corn Ed until June 2013.Once this all goes through the City would have only a little over a year until it has to be done all over again.City Attorney Orr stated the City doesn't know if this is going to be beneficial Even if in the end,Com Ed's rate changes and the rate increase expires,then the City has still not lost anything.If this referendum passes and the City can't negotiate a better rate then the City can opt out.It could be a waste of time but fortunately it is not an additional cost for the City.City Administrator Olson stated the City does not have to go through a referendum again,but would have to go through the bid package and selection.City Attorney Orr stated in some areas the Council of governments are coming together or have agreed to consider coming together,if these referendums pass.If the City can negotiate as a region as opposed to on its own then the City might get a better rate for our residents. Motion approved by a roll call vote. Ayes-4 Nays-2 Kot-aye,Colosimo-nay,Spears-aye, Mischewski-aye,Gilson-aye,Funkhouser-nay PARK BOARD No report. PLAN COMMISSION Ordinance 2011-75 Worsley Street and Gawne Lane(Henne and Friel Property) Approving the Rezoning to the R-2 One Family Residence District for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property) (PC 2011-06) Mayor Golinski entertained a motion to approve an ordinance approving the rezoning to the R-2 one family residence district for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property)and authorize the Mayor and city clerk to execute.So moved by Alderman Spears;seconded by Alderman Colosimo. The Minutes of the Regular Meeting of the Cite Council—November 22 2011—Page 6 of 7 Alderman Gilson,Alderman Kot,and Alderman Spears had discussions with Dan Kramer in regards to this issue.Water and sewer,the timeline of when this was going to be up and running,the old well,and runoff issues were discussed. Motion approved by a roll call vote. Ayes-6 Nays-0 Colosimo-aye,Spears-aye,Milschewski-aye Gilson-aye,Funkhouser-aye,Kot-aye Ordinance 2011-76 Approving the Preliminary and Final Plat of Resubdivision for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property) (PC 2011-07) Mayor Golinski entertained a motion to approve an ordinance approving the preliminary and final Plat of Resubdivision for the Property Located on Worsley Street and Gawne Lane(Henne and Friel Property) and authorize the Mayor and city clerk to execute.So moved by Alderman Kot;seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-6 Nays-0 Milschewski-aye,Gilson-aye,Funkhouser-aye, Kot-aye,Colosimo-aye,Spears-aye Autumn Creek Subdivision(Pulte Home Corp.) (PC 2011-08) Ordinance 2011-77 Approving the Second Amendment to the Planned United Development Agreement for Unit 1 of the Autumn Creek Subdivision Mayor Golinski entertained a motion to approve an ordinance approving the Second Amendment to the planned unit development agreement for unit one of the Autumn Creek subdivision and authorize the Mayor and city clerk to execute.So moved by Alderman Spears;seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-6 Nays-0 Spears-aye,Milschewski-aye,Gilson-aye, Funkhouser-aye,Kot-aye,Colosimo-aye Ordinance 2011-78 Approving the Autumn Creek P.U.D.Unit 1 A Final Plat of Resubdivision Mayor Golinski entertained a motion to approve an ordinance approving the Autumn Creek P.U.D.Unit 1 A Final Plat of Resubdivision and authorize the Mayor and city clerk to execute.So moved by Alderman Colosimo;seconded by Alderman Kot Alderman Spears addressed the citizen's comments from that public hearing.Out-of-control weeds, public safety issue of no sidewalks and metal sticking out of some empty lots,questioning timeline of the sidewalk,walking trails flooding,and sod to be placed where the areas connect were discussed.Peter Tremulis,Pulte Homes,addressed the Council.He did take a look at the sidewalk and talked to the residents that had concerns.Sidewalk were offered to be put in immediately after the meeting,but they were not able,for November 1 was the cutoff date to put in a public walk.Sidewalk will be put in first thing in the spring.He looked at the piece of rebar that is extending from the sidewalk,and informed the homeowner that they would cut that off as quickly as possible.The homeowner's association president was at the meeting and he had offered to take over the responsibility of maintenance for a couple of the small lots that are a common area.Alderman Spears asked regarding sidewalks,would he be able,at this time,to put gravel down.Mr.Tremulis stated that the thought is not to encourage people to use that area until it is a public walk. Motion approved by a roll call vote. Ayes-6 Nays-0 Milschewski-aye,Gilson-aye,Funkhouser-aye, Kot-aye,Colosimo-aye,Spears-aye Resolution 2011-28 Approving the Autumn Creek Unit 1 Plat of Vacation Mayor Golinski entertained a motion to approve a resolution approving the Autumn Creek unit one plat of vacation and authorize the Mayor and city clerk to execute.So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-6 Nays-0 Gilson-aye,Funkhouser-aye,Kot-aye, Colosimo-aye,Spears-aye,Milschewski-aye ZONING BOARD OF APPEALS The Minutes of the Regular Meeting of the City Council—November 22,2011—Page 7 of 7 No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY&LIAISON REPORT Torch Run Trivia Night Alderman Spears shared results of the torch run trivia night presented by the Oswego Police Department, Oswego Knights of Columbus,and the Special Olympics Illinois event that took place Saturday 12/19/11. Our team took first place.The team returned the$250.00 that they were awarded to the Special Olympics of Illinois.This event raised$3752.25.The team was put together by Alderman Spears. Yorkville Bristol Sanitary District Meeting Alderman Gilson attended the YBSD meeting on November 14,2011.There was a GIS presentation by Greg Weber on the half of Deuchler and Associates,to obtain a GIS system and discuss potential cooperation between YBSD and Yorkville to complete a shared GIS system.There was discussion on the permitting process between YBSD and the City.They have a commercial green card system in place for permitting.The YBSD hopes the system works well going forward.There was a motion approving goods and services utilities for payment,a motion approving that for different dates,a motion approving the district becoming a general member to the YEDC,and a motion approving an inter-fund transfer.They approved a$75,000 transfer from checking to a money market account for the bills that was approved. There was also discussion on a five year step pay increase for employees. Dan Rutherford Alderman Gilson had the pleasure of listening to our state treasurer,Dan Rutherford speak.His discussion was on reduction of state spending.There were several other speakers,also.There was a website called deadbeat Illinois.com which shows a list of all who is owed money by the state. Troop 350 Alderman Milschewski was invited by troop 350 to come speak to them.They are working on a scout badge for government.It was quite interesting.The best part was that she let them ask her questions and they wanted to know what kind of video games Mayor Golinski likes to play. STAFF REPORT No report. ADDITIONAL BUSINESS Thanksgiving Alderman Spears wanted to wish the staff,council members,and all Yorkville residents a very happy Thanksgiving. Leaf Pickup in Yorkville Alderman Gilson had numerous complaints about leaf pickup being too early.He asked for a second pickup to make sure residents are satisfied.City Administrator Olson stated he is not sure Yorkville has the resources to be able to do another pass on the entire town.The City has been telling everybody that has contacted the City that there will only be one pickup. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Spears;seconded by Alderman Gilson. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:30 p.m. Minutes submitted by: Beth Warren, City Clerk,City of Yorkville,Illinois D C/?` Reviewed By: Agenda Item Number J$ ; Legal ❑ Mayor#1 Finance ■i EST. - -- = ieas Engineer ❑ Tracking Number City Administrator ■ Consultant ❑ El ADM 2011-56 Agenda Item Summary Memo Title: Tax Levy Ordinance Meeting and Date: City Council—December 13, 2011 Synopsis: See attached memorandums. Council Action Previously Taken: Date of Action: CC 11/8/11 Action Taken: Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: .4�0 Co.y 0 0 Memorandum To: City Council EST. -� 1836 From: Bart Olson, City Administrator CC: � I Date: December 9, 2011 �i�. Neiwau county t� Subject: Tax levy ordinance, reconsideration ALE Summary Approval of the City's tax levy ordinance. The ordinance approved at the November 22, 2011 City Council meeting was falsely called as approved with a 4-3 vote. Creating obligations against the City requires 5 affirmative votes. Backy,round This item was last discussed by the City Council at the November 22, 2011 City Council meeting. At that meeting, the vote on the tax levy in the amount of$3,626,060 was declared as approved by a 4-3 vote. After further research, Attorney Orr determined that declaration was made in error,meaning the City currently has no valid tax levy ordinance. Procedural rules of the City Council and Robert's Rules of Order allow us to change the dollar amount of the levy and submit the tax levy ordinance to you for reconsideration. We have changed the tax levy estimate to $3,551,487 for your consideration. This amount is $150,000 more than we think we will get when the final calculations are made in May 2012. Therefore, an approval of the ordinance with the $3.551m figure would still be above the projected tax cap amount, thus allowing the City to capture the maximum revenue available under the law. Recommendation I recommend the City Council approve the new tax levy ordinance with the figure of $3,551,487, as presented. LAW OFFICE KATHLEEN FIELD ORR& ASSOCIATES 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO,ILLINOIS 60601 (312)382-2113 (312)382-2127 facsimile KATHLEEN FIELD ORR JAMES W.BINNINGER kfo(dkfoassoc.com iwb�Woassoc.com MEMORANDUM To: Mayor and City Council of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: December 8, 2011 Subject: Vote on Tax Levy Ordinance At the meeting of the City Council on November 22, 2011, there were 6 Alderpersons present and the Mayor thereby constituting a quorum. At the meeting, two ordinances were voted upon: the Tax Levy Ordinance and An Ordinance Providing for Submission to the Electors of the City a referendum on the question of whether the City should arrange for a single supplier of electricity to its residents. The tax levy vote was 4 ayes and 3 nays with the Mayor voting; and, on the Ordinance regarding the supplier of electricity, the vote was 4 ayes and 2 nays without the Mayor voting. A question was raised if the majority vote as rendered was sufficient to pass the ordinances. I responded that I believed it was sufficient but would investigate and report to the Council. The Illinois Municipal Code specifically provides that the passage of all ordinances and those resolutions which create a liability or appropriate funds require a concurrence of a majority of all members then holding office on the City Council, including the Mayor. My initial opinion that passage occurs with the concurrence of a majority of all members of the City Council, including the Mayor, present and voting, was wrong and, therefore, the aforesaid ordinances did not pass at said meeting. /kms STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2011- (2012-2013 TAX LEVY) AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2012 AND ENDING APRIL 30, 2013 FOR THE UNITED CITY OF YORKVILLE BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois: Section 1: That the total amount of the budget for all corporate purposes and public library purposes legally made to be collected from the tax levy of the current fiscal year is hereby ascertained to be the sum of$3,551,487.00. Section 2: That the sum of $3,551,487.00 being the total of the budget expenditures heretofore legally made and which is to be collected in part from the levy of the current fiscal year of the United City of Yorkville and further for purposes of providing for the Illinois Municipal Retirement Fund, Police Fund, Police Pension Fund, Social Security Fund, Unemployment Fund, School Crossing Guard Fund, Audit Fund, General Corporate Purpose Fund, Library Fund and Insurance for Liability purposes, as budgeted for the current fiscal year by the annual Budget Ordinance of the United City of Yorkville for the fiscal year beginning May 1, 2012, and ending April 30, 2013, as passed by the City Council of the United City of Yorkville at a legally convened meeting prior to said fiscal year, the sum of $3,551,487.00 is hereby levied upon all of the taxable property in the United City of Yorkville subject to taxation for the current year, the specific amounts as levied for the various funds heretofore named being included herein by being placed in separate columns under the heading "To be Raised by Tax Levy", which appears over the same, the tax so levied being for the current fiscal year of the United City of Yorkville and for the said budget to be collected from said tax levy, the total of which has been ascertained as aforesaid and being as follows: Section 3: That the total amount of$3,551,487.00 tax levy, ascertained as aforesaid, be and the same is hereby levied and assessed on all property subject to taxation with the United City of Yorkville, according to the value of said property as the same is assessed and equalized for State and County purposes for the current year. Section 4: (a) That the item of $450,000.00 levied for Illinois Municipal Retirement Fund for City purposes and for Library Municipal Retirement Fund purposes is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (b) That the item of$40,000.00 levied for Liability Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (c) That the item of$40,000.00 levied for the Audit Fee is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (d) That the item of$50,000.00 levied for Unemployment Insurance is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (e) That the item of $350,000.00 levied for Police Protection Tax is levied in an amount not exceeding the maximum tax rate of 0.60%. (f) That the item of$488,354.00 levied for Police Pension is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (g) That $0.00 levied for Garbage is levied not exceeding the maximum tax rate of 0.20%. 2 (h) That the item of$300,000.00 levied for Social Security is levied without regard to any statutory rate, pursuant to Statutes of the State of Illinois. (i) That the item of $25,000.00 levied for School Crossing Guard is not exceeding the maximum tax rate of 0.02%. 0) That the item of$1,108,133.00 levied for General Corporate is levied pursuant to Statutes of the State of Illinois not to exceed the maximum tax rate of 0.4375%. (k) That the item of $700,000.00 levied for Library is levied not exceeding the maximum tax rate of 0.15%. Section S: That here is hereby certified to the County Clerk of Kendall County the several sums aforesaid constituting said total amount of$3,551,487.00 which said total amount of said United City of Yorkville requires to be raised by taxation for the current fiscal year of said city of said County, on or before the time required by law, a certified copy of this Ordinance. Section 6: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Section 7: In the event any section of this Ordinance is declared invalid the remaining portion thereof shall be binding and given full effect. ADOPTED this day of , 2011, pursuant to roll call vote as follows: CHRIS FUNKHOUSER DIANE TEELING JACKIE MILSCHEWSKI CARLO COLOSIMO LARRY KOT MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ) 2011. Mayor Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , 2011. Attest: City Clerk 4 SUMMARY OF 2011 TAX LEVY General Corporate Tax (65 ILCS 5/8 3-1) $1,108,133.00 I.M.R.F. (40 ILCS 5/7-171) $450,000.00 Social Security (40 ILCS 5/7-171) $300,000.00 Police Pension (40 ILCS 5/3-125) $488,354.00 Police Protection Tax (65 ILCS 5/11-1-3) $350,000.00 Garbage (65 ILCS 5/11-1-3) $0.00 Audit (65 ILCS 5/11-19-4) $40,000.00 Liability Insurance Tax (745 ILCS 10/9-107) $40,000.00 School Crossing Guard (65 5/11-80-23) $25,000.00 Unemployment Insurance (745 ILCS 10/9-107) $50,000.00 Library(pg.4 DCCA Levy Man.) (75 ILCS 5/3-1, 5/3-4, 5/3-7) $700,000.00 5 CERTIFICATE The undersigned, Gary J. Golinski, Mayor of the United City of Yorkville, hereby certifies that I am the presiding officer of the United City of Yorkville, and as such presiding officer, I hereby certify that the Tax Levy Ordinance, a copy of which is appended hereto, was adopted pursuant to, and in all respects in compliance with, the provisions of Section 4-7 of the so-called "The Truth in Taxation Act". Dated this day of December, 2011. Gary J. Golinski, Mayor 6 CERTIFICATE The undersigned, Beth Warren, City Clerk of the United City of Yorkville, hereby certifies that an announcement was made at a regular City Council meeting of the United City of Yorkville, that the 2012-2013 Tax Levy would be $3,626,060.00, a sum in excess of 105% of the tax levy extended by the County of Kendall Clerk; said disclosure having been made in compliance with the Truth in Taxation Act, and an announcement of the tentative tax levy having been made at the November 8, 2011, City Council meeting; that said Levy was in excess of 105% of the Levy for 2012-2013. Beth Warren, City Clerk 7 STATE OF KENDALL ) ) ss. COUNTY OF KENDALL ) I, Beth Warren, City Clerk of the United City of Yorkville, hereby certify the foregoing to be a true, perfect and correct copy of the Ordinance passed by the City Council at a regular meeting of the City Council on December , 2011. Testimony Whereof, I have hereunto set my hand and seal this day of December, 2011. Beth Warren, City Clerk TRUTH IN TAXATION CERTIFICATE OF COMPLIANCE I, the undersigned, hereby certify that I am the presiding officer of the United City of Yorkville and as such presiding officer I certify that the Levy Ordinance, a copy of which is attached, was adopted pursuant to, and in all respects in compliance with the provisions of Section 4 through 7 of the "truth in Taxation Act". The notice and hearing requirements of Section 6 of the Act are applicable. This certificate applies to the 2012-2013 Tax Levy. Date : December , 2011 Presiding Officer: Gary J. Golinski, Mayor D CO, _ 0 Memorandum To: Mayor& City Council EST. jsss From: Rob Fredrickson, Finance Director -C Date: December 8, 2011 p`co Subject: Proposed 2011 Tax Levy Please see attached for the proposed 2011 Tax Levy Ordinance,which would fund fiscal year 2012— 2013 and represents the final step in the tax levy approval process. Two schedules are also attached, which further detail the proposed 2011 levy based on what we expect to receive ($3,401,487 as shown on the first attachment) and what we are actually levying in the amount of$3,551,487. In addition, requested and extended amounts for levy years 2009 and 2010 are included on both attachments for comparative purposes. It has been estimated by the County Assessor that the equalized assessed valuation(EAV) of property within the City will decrease by approximately 8 to 9%from the previous year. The total estimated dollar amount for the 2011 levy(excluding debt service)under the tax cap is$3,401,487, which represents an increase of$77,070 (2.32%) in comparison to last year's levy extension. This increase in the tax cap is due to the CPI increasing by 1.5% and an estimated$6.9 million(which includes$3 million of increment from the Fox Industrial TIF) in new construction EAV being added to the tax rolls. All of the$77,070 incremental levy increase will be going towards the Police Pension Fund($52,070 increase over the 2010 levy extended amount) and the Library, which has requested an increase of$25,000 over their previous year's levy amount. Proposed debt service (City bonds & interest) amounts have also been included, totaling$723,683, which represents a decrease of$1.48 million in comparison to what was extended in the previous year. This debt service levy amount includes $326,379 for the Series 2005A Bonds (Debt Service Fund), $133,454 for the Series 2007A Bonds (Water Fund) and$263,850 for the Series 2004B Bonds (Sewer Fund). To summarize,the City is requesting$3,551,487 for City and Library operations,with an additional $1,519,171 to be levied for Library(795,488) and City($723,683) debt service. Of the $3,551,487, we expect the PTELL tax-cap to come in at approximately$3,401,487. Requesting$3,551,487 allows a margin of error on our estimate of the tax cap (due to EAV figures not being finalized with the County), allows us to discuss any amount less than that figure, and, if approved, would secure the maximum amount allowed under the tax cap. The process for establishing the City's property tax levy consists of three main parts: 1. Council votes to approve the tax levy estimate(completed at the October 25"'CC meeting) 2. Hold a public hearing on the tax levy estimate(completed at the November 8"'CC meeting) 3. Council votes to approve the tax levy ordinance(December 13`"CC meeting) Per state statute, the deadline for filing the levy with the County is Tuesday, December 27t", which means the levy cannot be voted on that evening. Council can change the tax levy amounts at any point between now and final approval of the tax levy ordinance in December. 2011 Tax Levy-Projected Actual 2009 Rate Setting 2010 Rate Selling 2011 Estimated Rate Property Type EAV Property Type EAV Property Type Settlne EAV Faun S 2,524,355 Farm $ 2,398,027 Total S 491,594,571 Residential S 444,422,818 Residential $ 407,528,709 Commercial $ 124,381,958 Commercial S 122,304,406 Now Property $ 6,931,809 Industrial S 6,921,977 Industrial $ 6,820,310 State Railroad $ 17,328 State Railroad $ 17,328 Total City $ 578,268,436 Total City $ 539,068,780 Total City $ 498526,380 2009 2009 2009 2010 2010 2010 2011 2011 Est. G Changeover Levy Request Levy Extension Variance Actual Rate Actual Rate Levy Request Levy Extension Variance Estimated Rate Levy Request Prior Yr Ext. Corporate S 683 500 S 657,896 S 25,604 0.11377 0.15284 $ 823,874 $ 793,563 S 30,311 0.20724 $ 1,033,133 30.19% Bonds&Interest $ - S - $ - 0.00000 0.41048 S 2,212,735 $ 2,212,770 S (35) 0.14516 S 723,683 -6730% IMRF Pension $ 466,991 $ 449,719 $ 17,272 0.07777 0.08343 S 449,719 $ 433,303 S 16,416 0.09027 S 450,000 3.85% Police Protection $ 350,903 S 337,940 S 12,963 0.05844 0.06439 S 347,098 S 334,384 $ 12,714 0.07021 $ 350,000 4;67% Police Pension $ 350,000 S 337,073 $ 12,927 0.05829 0.06957 $ 375,000 $ 361,284 S 13,716 0.08292 $ 413,354 14.41% Audit $ 57,000 S 54,936 S 2,064 0.00950 0.01020 $ 54,936 $ 52,990 S 1,946 0.00802 $ 40,000 -24.51% Liability Insurance S 350,000 S 337,073 $ 12,927 0.05829 0.06384 $ 344,129 $ 331,527 S 12,602 0.00802 $ 40,000 -87.93% Social Security $ 317,124 S 305,441 S 11,683 0.05282 0.05667 $ 305,441 S 294,332 S 11,109 0.06018 $ 300,000 1,93% School Crossing Guard $ 25,000 $ 24,114 $ 886 0.00417 0.00460 $. 24,767 $ 23,935 $ 832 0.00501 S 7-5,000 4.45% Unemployment Insurance $ 25,788 $ 24-x66 S 922 0.011430 0.00464 $ 25,000 $ 24095 S 902 0.01003 $ 50,000 107.4R% Subtotal City $ 2,626,306 S 2,529,057 $ 97,249 0.43735 0,92066 $ 4,962-699 $ 4,862,187 S 100,512 468706 S 3425,170 -29.55% Library Operations $ 650,000 $ 650,012 S (12) 0.11241 0.12522 $ 675,000 $ 675,000 S (0) 0.14041 S 700,000 3.70% Library Bonds&Interest S 605,925 S 605,949 S (24) 0.10479 0.13372 $ 720,800 $ 720,820 $ (2() 0.15957 S 795,488 10,36% Subtotal Library $ 1,255,925 $ 1255,961 $ (36) 021720 425x44 S 1.395,800 S 1,395.820 $ (20) 0.29998 $ 1;495488 7.141% Total City(PTELL&Non-PTELL) $ 3,882,231 S 3,785,018 S 97,213 0.65455 L17960 $ 6,358,499 $ 6,258,007 $ 100,492 0.98704 S 4,920,658 -21.37% less Bonds&Interest $ 605,925 $ 605,949 $ (24) 0.10479 0.54420 $ 2,933 515 S 2,933.589 S (20) 0.30473 $ 1519,171 48.21% PTELL Totals $ 3,276,306 S 3,179,069 $ 97,237 0.54976 0.63540 3 3.424,964 S 3,324,417 $ 245,895 0.68231 $ 3,401,487 232%. %Inc(Dcc)Over $Inc(Dec)Over 2010 Renuested 2010 Extended 2011 Reauestcd Prior Yr Extended Prior Yr Extended City 2,374,964 2,288,133 City 2,288,133 0.(8)% (0) Library 675,000 675,000 Library 700,000 3.70% 25.0(X) Police Pension 375,000 361,284 Police Pension 413,354 14.41% 52.070 City Debt Service 2,212,735 2,212,770 City Debt Service 723,683 -67.30 (1,489.087) Library Debt Service 720,800 720,820 Library Debt Service 795,488 10.36% 74,668 Total 6,358,499 6,258,007 Total 4,920,658 -21.37% (1,337,349) less Bonds&Interest 2,933 535 2,933,589 less Bonds&Interest 1 519,171 .48.21% (1.414.418) PTELL Subtotal 3,424,964 3,324,417 PTELL Subtotal 3,401,487 2.32% 77,070 City Debt Service Levy Breakout Series 2005A-Debt Service Fund $ 326,379 Series 2007A-Water Fund $ 133,454 Series 20048-Sewer Fund S 263,850 Total S 723,683 2011 Tax Levy-Requested per Tax Levy Ordinance 2009 Rate Setting 2010 Rate Setting 2011 Estimated Rate Property Tvoe EAV Prooerty Type EAV Property Type Setting EAV Fans $ 2,524,355 Farm $ 2,398,027 Total $ 491,594,571 Residential $ 444,422,818 Residential S 407 528,709 Commercial S 124,381,958 Commercial $ 122,304,406 New Property $ 6,931,809 Industrial S 6,921,977 Industrial S 6,820,310 State Railroad S 17,328 State Railroad S 17,328 Total City S 578,268,436 Total City $ 539,068,780 Total City $ 498,526,380 2009 2009 2009 2010 2010 2010 2011 2011 Est. %Changeover Levy Request Levy Extension Variance Actual Rate Actual Rate Levy Request Levy Extension Variance Estimated Rate Levy Reauest Prior Yr Ext. Corporate $ 683,500 $ 657,896 $ 25,604 0.11377 0.15284 $ 823,874 $ 793,563 $ 30,311 0.22228 $ 1,108,133 39.64% Bonds&Interest $ - $ - $ - 0.00000 0.41048 $ 2,212,735 S 2,212,770 S (35) 0.14516 $ 723,683 -67.30% IMRF Pension $ 466,991 $ 449,719 S 17,272 0.07777 0.08343 $ 449,719 S 433,303 S 16,416 0.09027 $ 450,000 3.85% Police Protection $ 350,903 S 337,940 $ 12,963 0.05844 0.06439 S 347,098 $ 334,384 S 12,714 0.07021 S 350,000 4.67% Police Pension S 350,000 $ 337,073 $ 12,927 0.05829 0.06957 $ 375,000 S 361,284 S 13,716 0.09796 $ 488,354 35.17% Audit $ 57,000 $ 54,936 $ 2,064 0.00950 0.01020 $ 54,936 S 52,990 S 1,946 0.00802 S 40,000 -24.51 Liability Insurance S 350,000 S 337,073 S 12,927 0.05829 0.06384 $ 344,129 $ 331,527 S 12,602 0.00802 S 40,000 -87.93% Social Security $ 317,124 $ 305,441 $ 11,683 0.05282 0.05667 S 305,441 $ 294,332 S 11,109 0.06018 $ 300,000 1.93% School Crossing Guard S 25,000 S 24,114 S 886 0.00417 0.00460 S 24,767 $ 23,935 S 832 0.00501 S 25,000 4.45% Unemployment Insurance $ 25,788 $ 24.966 $ 922 (1.(10410 000464 $ 25,000 $ 24,098 $ 902 0.01003 S 50,000 107.48'/,. Subtotal City S 2,626.306 $ 2,529,1157 $ 97.249 0.43735 0.92066 $ 4,962.699 $ 4,862,187 S 100,512 0]1715 $ 3,575,170 M-47Y Library Operations S 650,000 S 650,012 $ (12) 0.11241 0.12522 $ 675,000 S 675,000 S (0) 0.14041 S 700,000 3.70% Library Bonds&Interest S 605,925 $ 605,949 S (24) 0.10479 0.13372 $ 720.800 $ 720,820 S (20) 0.15957 $ 795,488 10.36% Subtotal Library $ 1,255,925 S 125596t $ (36) 0.21720 0.25884 $ 1,395 x0(1 $ 1,395,820 $ (20) M9998 S 1,495,488 7.14% Total City(PTELL&Non-PTELL) $ 3,882,231 S 3,785,018 $ 97,213 0.65455 1.17960 S 6,358,499 S 6,258,007 $ 100,492 1.01713 S 5,070,658 -18.97% less Bonds&.Interest $ 605,925 S 605,949 $ (24) 0.10479 0.54420 $ 2,933535 $ 2.933,5$9 $ (20) 0.30473 $ 1,519,171 -48.21% PTELL Totals 1; 3,276,306 S 3,179,069 S 97,237 Q54976 0.63540 $ 3,424,964 $ 3,324,417 $ 245,895 0.71240 $ 3,551,487 6.93% %Inc(Dec)Over S Inc(Dec)Over 2010 Reaucsted 2010 Extended 2011 Requested Prior Yr Extended Prior Yr Fxtcnded City 2,374,964 2,288,133 City 2,363,133 3.28% 75.000 Library 675,000 675,000 Library 700.000 3.70% 25.0(NI Police Pension 375,000 361,284 Police Pension 488,354 35.17% 127.070 City Debt Service 2,212,735 2,212,770 City Debt Service 723,683 -67.30% (1.489.087) Library Debt Service 720,800 720,820 Library Debt Service 795,488 10.36% 74.668 Total 6,358,499 6,258,007 Total 5,070,658 -18.97% (1,187.349) less Bonds&Interest 2,933 535 2,933589 less Bonds&Interest 1,519,171 48.21% (1,414.418) PTELL Subtotal 3,424,964 3,324,417 PTELL Subtotal 3,551,487 6.83% 227.070 City Debt Service Levy Breakout Series 2005A-Debt Service Fund $ 326,379 Series 2007A-Water Fund $ 133,454 Series 20048-Sewer Fund S 263,850 Total $ 723,683 D Co. Reviewed By: J Q l 0-n Legal ❑ Agenda Item Number 1836 Finance ❑ Mayor#2 EST. 1836 Engineer ❑ "� — City Administrator d -i Human Resources ❑ Tracking Number Community Development ❑ Police ADM 2011-49 V �4k E ��� Public Works ❑ Agenda Item Summary Memo Title: Ordinance for electric aggregation referendum Meeting and Date: City Council—December 13, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: CC 11/22/11 Action Taken: Vote: 4 aye, 2 nay Item Number: ADM 2011-49 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: o Memorandum To: City Council EST. -�, 1836 From: Bart Olson, City Administrator �o,IN�a p Date: December 9, 2011 �E`W;��o� Subject: Electric aggregation referendum question, reconsideration Summary Potential reconsideration of the electric aggregation referendum question, from the last meeting. The ordinance approved at the November 22, 2011 City Council meeting was falsely called as approved with a 4-2 vote. Creating obligations against the City requires 5 affirmative votes. Background This item was last discussed by the City Council at the November 22, 2011 City Council meeting. At that meeting, the City Council vote on the electric aggregation referendum question was declared as approved by a 4-2 vote. After further research, Attorney Orr determined that declaration was made in error,meaning the ordinance did not pass. Procedural rules of the City Council and Robert's Rules of Order allow us to change the proposal and resubmit the ordinance for reconsideration by the City Council at the next meeting. However, the referendum question language is mandated by state law, so there is no acceptable change that can be made to the ordinance that would allow the City to reconsider this ordinance unless an alderman who voted against the ordinance calls for a motion to reconsider at the December 13 City Council meeting. Motion to reconsider A motion to reconsider could be properly made as this agenda item is in front of the City Council. Once the motion is made by one of the two aldermen, it can be seconded by any alderman and the City Council will vote on their willingness to reconsider the item. If the motion to reconsider is passed by a majority, then the electric aggregation referendum may be approved via motion. Per Robert's Rules of Order, reconsideration motions must be made at the original meeting in which the vote takes place, or at the next subsequent meeting. 1) Motion to reconsider 2) Second 3) Roll call vote on motion to reconsider 4) If motion passes, anyone may make a motion to approve the electric aggregation ordinance 5) Second 6) Roll call vote on ordinance Obligation to reconsider? There is absolutely no obligation for either alderman to make a motion to reconsider. Given the unique circumstances in which the original motion was declared approved and now nullified, we provided this information as a courtesy. LAW OFFICE KATHLEEN FIELD ORR & ASSOCIATES 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO,ILLINOIS 60601 (312)382-2113 (312)382-2127 facsimile KATHLEEN FIELD ORR JAMES W.BINNINGER kfo(ad)kfoassoc.com jwb@kfoassoc.com MEMORANDUM To: Mayor and City Council of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: December 8, 2011 Subject: Vote on Tax Levy Ordinance At the meeting of the City Council on November 22, 2011, there were 6 Alderpersons present and the Mayor thereby constituting a quorum. At the meeting, two ordinances were voted upon: the Tax Levy Ordinance and An Ordinance Providing for Submission to the Electors of the City a referendum on the question of whether the City should arrange for a single supplier of electricity to its residents. The tax levy vote was 4 ayes and 3 nays with the Mayor voting; and, on the Ordinance regarding the supplier of electricity, the vote was 4 ayes and 2 nays without the Mayor voting. A question was raised if the majority vote as rendered was sufficient to pass the ordinances. I responded that I believed it was sufficient but would investigate and report to the Council. The Illinois Municipal Code specifically provides that the passage of all ordinances and those resolutions which create a liability or appropriate funds require a concurrence of a majority of all members then holding office on the City Council, including the Mayor. My initial opinion that passage occurs with the concurrence of a majority of all members of the City Council, including the Mayor, present and voting, was wrong and, therefore, the aforesaid ordinances did not pass at said meeting. /kms Ordinance No. 2011- ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, THE PUBLIC QUESTION WHETHER THE CITY SHOULD HAVE THE AUTHORITY UNDER THE ILLINOIS POWER AGENCY ACT AND PUBLIC ACT 96-176 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH PROGRAM WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, The Illinois Power Agency Act (20 ILCS 3855/1-1 et seq.) (the "Act") was amended by Public Act 96-176 to add Section 1-92 entitled, "Aggregation of Electrical Load by Municipalities and Counties"; and, WHEREAS,under the Act if the City seeks to operate the aggregation program under the Act as an opt-out program for residential and small commercial retail customers, then prior to an adoption of an ordinance to establish a program, the City must first submit a referendum to its residents to determine whether or not the aggregation program shall operate as an opt-out program for residential and small commercial retail customers. If the majority of the electors voting on the question vote in the affirmative, then the City Council may implement an opt-out aggregation program for residential and small commercial retail customers; and, WHEREAS,the City Council hereby finds that it is in the best interest of the City to operate the aggregation program under the Act as an opt-out program and to submit the question to the electors in a referendum pursuant to the Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The City Council finds that the recitals set forth above are true and correct and includes the recitals in this Ordinance. Section 2. The City Council finds and determines that it is in the best interests of the City to operate the aggregation program under the Act as an opt-out program. Section 3. In the event such question is approved by a majority of the electors voting on the question at the regular election on March 20, 2012, the City Council may implement an opt- out aggregation program and if the City Council adopts the program the City shall comply with all the terms and provisions of the Act. 1 Section 4. The City Clerk is directed to immediately certify and submit the following public question to the Kendall County Clerk to be placed on the ballot for the general election to be held on March 20, 2012, in the following form: Shall the United City of Yorkville have the authority to arrange for the Yes supply of electricity for its residential and small commercial retail customers who have not opted out of such program? No Section 5. In the event the State of Illinois amends the Act to revise the form of the question to be placed on the ballot, the Mayor is authorized to direct the County Clerk to change the form of the question to conform to the amended Act, if required. Section 6. The City has elected to work in collaboration with NIMEC who will use their professional expertise to develop a Plan of Operation and Governance, conduct the RFP process and coordinate with Illinois Commerce Commission, Illinois Power Authority, Attorney General's Office and Commonwealth Edison. Section 7. This ordinance shall be in full force and effect from and after its passage and approval as required by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2011. MAYOR 2 $ o Memorandum J To: City Council EST. 1836 From: Bart Olson, City Administrator CC: 0� iil' 'Counly Seel,m Date: November 17, 2011 0W y `� Subject: Electric aggregation referendum <LE �`• Background This item was last discussed at the November 8th City Council meeting, where it was tabled. Update on electric aggregation referendum The policy decision as to whether the City-coordinated referendum option should be sought was recently discussed by Mettawa in the article here - http://www.dailyherald.coin/article/2011 1029/news/710299809/. Mettawa was one of the first towns to discuss the referendum option after the Metropolitan Mayors Caucus coordinated and endorsed a voluntary opt-in program http://www.integryseiiergy.com/Marketiiit,,/MEC/defaulLa,-,Px. As stated in the meeting and in the Mettawa article, the reason that alternative energy suppliers are able to save money for residents is because ComEd locked in energy prices years ago in response to a volatile energy market. For a few years, ComEd's prices were very low compared to the open energy supply market. Recently though, alternative energy suppliers have been much cheaper. ComEd's locked in prices expire in June 2013, and it is expected that ComEd's energy supply prices will decrease to be very close to the current open energy supply market. This means the entire concept of an electric aggregation referendum may be moot in June 2013. If we were to approve an opt-out referendum, the earliest residents would see a reduction in their utility bill under our program would be in October or November 2012. Until then, we will encourage residents to enroll with an alternative electric supplier to save money. The question then becomes whether we want to spend the time and money to coordinate the efforts to administer the referendum and required ordinances and policies associated with an approved referendum (I don't believe an opt-out referendum has failed yet). All of the ordinances and policies associated with the electric aggregation referendum would be completed by NIMEC, the City's current electricity supply broker(they assist us with all of our municipal accounts). So, there would be minimal staff time and money to associated with the referendum. At this point, I am still recommending we pursue the electric aggregation referendum,but I wanted to make everyone aware of 1) the potential ineffectiveness of the program in June 2013 and 2) the ability for residents to sign up with an alternative energy supplier until the referendum goes into effect. For your information—Libertyville discussed these items this past week, and chose to pursue the referendum option. http://newssun.suntimes.com/news%8716491-418/libertyville- joins-others-on- Troup-power-initiative.html Other articles about towns that have passed an electric aggregation referendum in the past few weeks include: http://inundelein.suntimes.com/8669272-417/local-communities-may-unite-for-lower-electrical- rates.html http://deerfield.suntim es,com/news/8687013-418/deerfield-officials-ready-to-go-power- shopping html http:/ibarrington.suntimes.com/news/86913 68-418/barrin�,,ton-pandering-electric-costs.html http:Hcouriemews.suntimes,coni/news;8761612-418/huntley-board-opts-to-place-power-suplily- vote-on-ballot.html ♦,`t�0 C/ry Reviewed By: Agenda Item Number O J 0 Legal ❑ Mayor#3 EST. �. 1836 Finance Engineer ❑ "���--- g Tracking Number 0� Ft I City Administrator ❑ °11C`a' ?O Consultant ❑ CC 2011-132 4k E Agenda Item Summary Memo Title: Fox Hill SSA 2004-201 Tax Levy for FY13 Meeting and Date: City Council —December 13, 2011 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: ORDINANCE NO. 2011- AN ORDINANCE FOR THE AMENDED LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2012, AND ENDING APRIL 30, 2013 IN AND FOR THE UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2004-201 ------------------------------------------------------------ BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1: The United City of Yorkville Special Service Area Number 2004-201 has been created by an ordinance entitled: AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2004-201 IN THE UNITED CITY OF YORKVILLE (FOX HILL SUBDIVISION) ADOPTED August 10, 2004 and effective upon passage approval and publication, no petition having been filed opposing the creation of the Special Service Area, pursuant to section 9 of Public Act 78-901. Said Special Service Area Number 2004-201 consists of territory described in the ordinance aforesaid. The United City of Yorkville is now authorized to issue bonds and levy taxes for special services in said Special Service Area. Section 2: That the total amount of the budget, as amended, for all purposes to be collected from the tax of the current fiscal year in Special Service Area Number 2004-201 is ascertained to be the sum of Three thousand, seven hundred eighty-six dollars ($3,786.00). Section 3: That the following sums be, and the same hereby are, levied upon the taxable property, as defined in the Revenue Act of 1939 in the United City of Yorkville Special Service Area Number 2004-201, said tax to be levied for the fiscal year beginning May 1, 2012, and ending April 30, 2013. Income From To Be Raised Budget Other Sources By Taxation Mowing $ 3,356.00 $0.00 $ 3,356.00 Beautification $ 0.00 $0.00 $ 0.00 Weeding $ 430.00 $0.00 $ 430.00 Mulching $ 0.00 $0.00 $ 0.00 Trail Maintenance $ 0.00 $0.00 $ 0.00 Trimming $ 0.00 $0.00 $ 0.00 Monument Repairs $ 0.00 $0.00 $ 0.00 General Maintenance $ 0.00 $0.00 $ 0.00 TOTAL FOX HILL $ 3,786.00 $0.00 $ 3,786.00 SSA EXPENDITURES Section 4: This tax is levied pursuant to Article VII Sections 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78-901 and pursuant to an ordinance Establishing The United City of Yorkville Special Service Area Number 2004-201. Section 5: That there is hereby certified to the County Clerk of Kendall County, Illinois, the sum aforesaid, constituting said total amount and the said total amount of Three thousand, seven hundred eighty-six dollars ($3,786.00)which said total amount the said United City of Yorkville Special Service Area Number 2004-201 requires to be raised by taxation for the current fiscal year of said City and City Clerk of said City is hereby ordered and directed to file with the County Clerk of said County on or before the time required by law, a certified copy of this ordinance. The tax roll report is attached as Exhibit A. Section 6: This ordinance shall be in full force and effect from and afterits adoption and approval as provided by law. LARRY KOT MARTY MUNNS DIANE TEELING JACKIE MILSCHEWSKI CHRIS FUNKHOUSER ROSE SPEARS CARLO COLOSIMO GEORGE GILSON PASSED AND APPROVED this day of , 2011 Mayor ATTEST: [SEAL] City Clerk EXHIBIT A FOX HILL SSA TAX ROLL REPORT Total amount $3,786.00 PIN# ADDRESS LEVY 02-30-102-001 1603 Cottonwood Trail $17.13 1 02-30-102-002 1605 Cottonwood Trail $17.13 2 02-30-102-003 1607 Cottonwood Trail $17.13 3 02-30-102-004 1609 Cottonwood Trail $17.13 4 02-30-102-005 1611 Cottonwood Trail $17.13 5 02-30-102-006 1613 Cottonwood Trail $17.13 6 02-30-102-007 1615 Cottonwood Trail $17.13 7 02-30-102-008 1617 Cottonwood Trail $17.13 8 02-30-102-010 1619 Cottonwood Trail $17.13 9 02-30-102-011 1701 Cottonwood Court $17.13 10 02-30-102-012 1703 Cottonwood Court $17.13 11 02-30-102-013 1705 Cottonwood Court $17.13 12 02-30-102-014 1707 Cottonwood Court $17.13 13 02-30-102-015 1706 Cottonwood Court $17.13 14 02-30-102-016 1704 Cottonwood Court $17.13 15 02-30-102-017 1702 Cottonwood Court $17.13 16 02-30-102-018 1625 Cottonwood Trail $17.13 17 02-30-102-019 1627 Cottonwood Trail $17.13 18 02-30-103-001 1628 Cottonwood Trail $17.13 19 02-30-103-002 1626 Cottonwood Trail $17.13 20 02-30-103-003 1624 Cottonwood Trail $17.13 21 02-30-103-004 1622 Cottonwood Trail $17.13 22 02-30-103-005 1620 Cottonwood Trail $17.13 23 02-30-103-007 1616 Cottonwood Trail $17.13 24 02-30-103-008 1610 Cottonwood Trail $17.13 25 02-30-103-009 1608 Cottonwood Trail $17.13 26 02-30-103-010 1606 Cottonwood Trail $17.13 27 02-30-103-011 1604 Cottonwood Trail $17.13 28 02-30-103-012 1602 Cottonwood Trail $17.13 29 02-30-103-013 1603 Cypress Lane $17.13 30 02-30-103-014 1605 Cypress Lane $17.13 31 02-30-103-015 1607 Cypress Lane $17.13 32 02-30-103-016 1609 Cypress Lane $17.13 33 02-30-103-017 1611 Cypress Lane $17.13 34 02-30-103-018 1612 Cypress Lane $17.13 35 02-30-103-019 1610 Cypress Lane $17.13 36 02-30-103-020 1608 Cypress Lane $17.13 37 02-30-103-021 1606 Cypress Lane $17.13 38 02-30-103-022 1604 Cypress Lane $17.13 39 02-30-103-023 1602 Cypress Lane $17.13 40 02-30-106-001 1319 Willow Way $17.13 41 02-30-106-002 1315 Willow Way $17.13 42 02-30-106-003 1313 Willow Way $17.13 43 02-3Q-106-004 1311 Willow Way $17.13 44 02-30-106-005 1309 Willow Way $17.13 45 02-30-106-006 1307 Willow Way $17.13 46 02-30-106-007 1303 Willow Way $17.13 47 02-30-106-008 1301 Willow Way $17.13 48 02-30-106-009 1225 Willow Way $17.13 49 Page 1 of 5 EXHIBIT A 02-30-106-010 1223 Willow Way $17.13 50 02-30-106-011 1221 Willow Way $17.13 51 02-30-106-012 1219 Willow Way $17.13 52 02-30-106-013 1217 Willow Way $17.13 53 02-30-106-014 1215 Willow Way $17.13 54 02-30-106-015 1213 Willow Way $17.13 55 02-30-106-016 1211 Willow Way $17.13 56 02-30-106-017 1209 Willow Way $17.13 57 02-30-106-018 1207 Willow Way $17.13 58 02-30-106-019 1205 Willow Way $17.13 59 02-30-106-020 1203 Willow Way $17.13 60 02-30-106-021 1201 Willow Way $17.13 61 02-30-107-001 1320 Willow Way $17.13 62 02-30-107-002 1318 Willow Way $17.13 63 02-30-107-003 1316 Willow Way $17.13 64 02-30-107-004 1310 Willow Way $17.13 65 02-30-107-005 1302 Willow Way $17.13 66 02-30-107-006 1226 Willow Way $17.13 67 02-30-107-007 1224 Willow Way $17.13 68 02-30-107-008 1222 Willow Way $17.13 69 02-30-107-009 1220 Willow Way $17.13 70 02-30-107-010 1218 Willow Way $17.13 71 02-30-107-011 1208 Willow Way $17.13 72 02-30-107-012 1206 Willow Way $17.13 73 02-30-107-013 1204 Willow Way $17.13 74 02-30-107-014 1202 Willow Way $17.13 75 02-30-107-015 1739 John Street $17.13 76 02-30-107-016 1737 John Street $17.13 77 02-30-107-017 1735 John Street $17.13 78 02-30-107-018 1733 John Street $17.13 79 02-30-107-019 1731 John Street $17.13 80 02-30-108-001 1722 John Street $17.13 81 02-30-108-002 1724 John Street $17.13 82 02-30-108-003 1726 John Street $17.13 83 02-30-108-004 1728 John Street $17.13 84 02-30-108-005 1732 John Street $17.13 85 02-30-108-006 1734 John Street $17.13 86 02-30-108-007 1736 John Street $17.13 87 02-30-108-008 1738 John Street $17.13 88 02-30-108-009 1742 John Street $17.13 89 02-30-109-001 1202 Evergreen Lane $17.13 90 02-30-110-001 1401 Aspen Lane $17.13 91 02-30-110-002 1405 Aspen Lane $17.13 92 02-30-110-003 1407 Aspen Lane $17.13 93 02-30-110-004 1409 Aspen Lane $17.13 94 02-30-110-005 1411 Aspen Lane $17.13 95 02-30-110-006 1415 Aspen Lane $17.13 96 02-30-110-008 1423 Aspen Lane $17.13 97 02-30-110-009 1425 Aspen Lane $17.13 98 02-30-110-010 1427 Aspen Lane $17.13 99 02-30-110-011 1429 Aspen Lane $17.13 100 02-30-110-012 1433 Aspen Lane $17.13 101 02-30-110-013 1441 Aspen Lane $17.13 102 Page 2 of 5 EXHIBIT A 02-30-110-014 1443 Aspen Lane $17.13 103 02-30-110-015 1445 Aspen Lane $17.13 104 02-30-110-016 1447 Aspen Lane $17.13 105 02-30-110-017 1449 Aspen Lane $17.13 106 02-30-110-018 1451 Aspen Lane $17.13 107 02-30-110-019 1401 White Pine Court $17.13 108 02-30-110-020 1403 White Pine Court $17.13 109 02-30-110-021 1407 White Pine Court $17.13 110 02-30-110-022 1409 White Pine Court $17.13 111 02-30-110-023 1410 White Pine Court $17.13 112 02-30-110-024 1408 White Pine Court $17.13 113 02-30-110-025 1406 White Pine Court $17.13 114 02-30-110-026 1404 White Pine Court $17.13 115 02-30-110-027 1402 White Pine Court $17.13 116 02-30-111-001 1430 Aspen Lane $17.13 117 02-30-111-002 1432 Aspen Lane $17.13 118 02-30-111-003 1434 Aspen Lane $17.13 119 02-30-111-004 1436 Aspen Lane $17.13 120 02-30-111-005 1438 Aspen Lane $17.13 121 02-30-111-006 1440 Aspen Lane $17.13 122 02-30-111-007 1442 Aspen Lane $17.13 123 02-30-111-008 1444 Aspen Lane $17.13 124 02-30-111-009 1446 Aspen Lane $17.13 125 02-30-111-010 1448 Aspen Lane $17.13 126 02-30-111-011 1450 Aspen Lane $17.13 127 02-30-111-012 1452 Aspen Lane $17.13 128 02-30-111-013 1610 John Street $17.13 129 02-30-111-014 1702 John Street $17.13 130 02-30-111-015 1704 John Street $17.13 131 02-30-112-001 1402 Aspen Lane $17.13 132 02-30-112-002 1404 Aspen Lane $17.13 133 02-30-112-003 1406 Aspen Lane $17.13 134 02-30-112-004 1408 Aspen Lane $17.13 135 02-30-112-005 1410 Aspen Lane $17.13 136 02-30-112-006 1412 Aspen Lane $17.13 137 02-30-112-007 1414 Aspen Lane $17.13 138 02-30-112-008 1416 Aspen Lane $17.13 139 02-30-112-010 1418 Aspen Lane $17.13 140 02-30-112-011 1420 Aspen Lane $17.13 141 02-30-112-012 1422 Aspen Lane $17.13 142 02-30-112-013 1424 Aspen Lane $17.13 143 02-30-112-014 1426 Aspen Lane $17.13 144 02-30-113-001 1431 Chestnut Lane $17.13 145 02-30-113-002 1429 Chestnut Lane $17.13 146 02-30-113-003 1427 Chestnut Lane $17.13 147 02-30-113-004 1423 Chestnut Court $17.13 148 02-30-113-006 1421 Chestnut Court $17.13 149 02-30-114-001 1320 Evergreen Lane $17.13 150 02-30-114-002 1318 Evergreen Lane $17.13 151 02-30-114-003 1316 Evergreen Lane $17.13 152 02-30-114-004 1314 Evergreen Lane $17.13 153 02-30-114-005 1312 Evergreen Lane $17.13 154 02-30-114-006 1310 Evergreen Lane $17.13 155 Page 3 of 5 EXHIBIT A 02-30-114-007 1308 Evergreen Lane $17.13 156 02-30-114-008 1306 Evergreen Lane $17.13 157 02-30-114-009 1304 Evergreen Lane $17.13 158 02-30-114-010 1302 Evergreen Lane $17.13 159 02-30-114-011 1228 Evergreen Lane $17.13 160 02-30-114-012 1224 Evergreen Lane $17.13 161 02-30-114-013 1222 Evergreen Lane $17.13 162 02-30-114-014 1220 Evergreen Lane $17.13 163 02-30-114-015 1218 Evergreen Lane $17.13 164 02-30-114-016 1216 Evergreen Lane $17.13 165 02-30-114-017 1214 Evergreen Lane $17.13 166 02-30-114-018 1212 Evergreen Lane $17.13 167 02-30-114-019 1210 Evergreen Lane $17.13 168 02-30-114-020 1208 Evergreen Lane $17.13 169 02-30-114-021 1206 Evergreen Lane $17.13 170 02-30-114-022 1204 Evergreen Lane $17.13 171 02-30-115-001 1319 Evergreen Lane $17.13 172 02-30-115-002 1317 Evergreen Lane $17.13 173 02-30-115-003 1315 Evergreen Lane $17.13 174 02-30-115-004 1313 Evergreen Lane $17.13 175 02-30-115-005 1309 Evergreen Lane $17.13 176 02-30-115-006 1305 Evergreen Lane $17.13 177 02-30-115-007 1303 Evergreen Lane $17.13 178 02-30-115-008 1301 Evergreen Lane $17.13 179 02-30-115-010 1227 Evergreen Lane $17.13 180 02-30-115-011 1225 Evergreen Lane $17.13 181 02-30-115-012 1223 Evergreen Lane $17.13 182 02-30-115-013 1221 Evergreen Lane $17.13 183 02-30-115-014 1217 Evergreen Lane $17.13 184 02-30-115-015 1207 Evergreen Lane $17.13 185 02-30-115-016 1203 Evergreen Lane $17.13 186 02-30-115-017 1201 Evergreen Lane $17.13 187 02-30-211-001 1439 Chestnut Lane $17.13 188 02-30-211-002 1437 Chestnut Lane $17.13 189 02-30-211-003 1433 Chestnut Lane $17.13 190 02-30-211-004 1425 Chestnut Court $17.13 191 02-30-212-002 1402 John Street $17.13 192 02-30-212-003 1404 John Street $17.13 193 02-30-212-004 1406 John Street $17.13 194 02-30-212-005 1440 Chestnut Lane $17.13 195 02-30-212-006 1438 Chestnut Lane $17.13 196 02-30-212-007 1436 Chestnut Lane $17.13 197 02-30-212-008 1432 Chestnut Lane $17.13 198 02-30-212-009 1428 Chestnut Lane $17.13 199 02-30-212-010 1426 Chestnut Lane $17.13 200 02-30-212-011 1416 Chestnut Lane $17.13 201 02-30-212-012 1412 Chestnut Lane $17.13 202 02-30-212-013 1408 Chestnut Lane $17.13 203 02-30-212-014 1406 Chestnut Lane $17.13 204 02-30-212-015 1402 Chestnut Lane $17.13 205 02-30-212-016 1401 Sequoia Circle $17.13 206 02-30-212-017 1403 Sequoia Circle $17.13 207 02-30-212-018 1405 Sequoia Circle $17.13 208 Page 4 of 5 EXHIBIT A 02-30-212-019 1407 Sequoia Circle $17.13 209 02-30-212-020 1408 Sequoia Circle $17.13 210 02-30-212-021 1406 Sequoia Circle $17.13 211 02-30-212-022 1404 Sequoia Circle $17.13 212 02-30-212-023 1402 Sequoia Circle $17.13 213 02-30-213-001 1419 Chestnut Court $17.13 214 02-30-213-002 1417 Chestnut Court $17.13 215 02-30-213-003 1415 Chestnut Lane $17.13 216 02-30-213-004 1411 Chestnut Lane $17.13 217 02-30-213-005 1409 Chestnut Lane $17.13 218 02-30-213-006 1407 Chestnut Lane $17.13 219 02-30-213-007 1405 Chestnut Lane $17.13 220 02-30-213-008 1401 Chestnut Lane $17.13 221 TOTAL $3,786.00 Page 5 of 5 Reviewed By: Agenda Item Number Jam , 0� Legal ❑ Mayor#4 1836 esEST. -� Finance ■ Engineer ❑ Tracking Number City Administrator ❑ ; 1 CO ; �`�. �a 0 Consultant El�i xz W �`•� ❑ CC 2011-133 LSE ��• Agenda Item Summary Memo Title: Sunflower Estates SSA 20046-119 Tax Levy for FY13 Meeting and Date: City Council—December 13, 2011 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: ORDINANCE NO. 2011- AN ORDINANCE FOR THE AMENDED LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING MAY 1, 2012,AND ENDING APRIL 30, 2013 IN AND FOR THE UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-119 ------------------------------------------------------------ BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1: The United City of Yorkville Special Service Area Number 2006-119 has been created by an ordinance entitled: AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 2006-119 IN THE UNITED CITY OF YORKVILLE (SUNFLOWER ESTATES SUBDIVISION) ADOPTED February 27, 2007 and effective upon passage approval and publication, no petition having been filed opposing the creation of the Special Service Area,pursuant to section 9 of Public Act 78-901. Said Special Service Area Number 2006-119 consists of territory described in the ordinance aforesaid. The United City of Yorkville is now authorized to issue bonds and levy taxes for special services in said Special Service Area. Section 2: That the total amount of the budget, as amended, for all purposes to be collected from the tax of the current fiscal year in Special Service Area Number 2006-119 is ascertained to be the sum of Seven thousand, five hundred thirty-one dollars ($7,531.00). Section 3: That the following sums be, and the same hereby are, levied upon the taxable property, as defined in the Revenue Act of 1939 in the United City of Yorkville Special Service Area Number 2006-119, said tax to be levied for the fiscal year beginning May 1, 2012, and ending April 30, 2013. Income From To Be Raised Budget Other Sources By Taxation Mowing $ 2,959.00 $0.00 $ 2,959.00 Beautification $ 0.00 $0.00 $ 0.00 Weeding $ 555.00 $0.00 $ 555.00 Mulching $ 555.00 $0.00 $ 555.00 Pond Maintenance $ 3,462.00 $0.00 $ 3,462.00 Trimming $ 0.00 $0.00 $ 0.00 Monument Repairs $ 0.00 $0.00 $ 0.00 General Maintenance $ 0.00 $0.00 $ 0.00 TOTAL SUNFLOWER $ 7,531.00 $0.00 $ 7,531.00 SSA EXPENDITURES Section 4: This tax is levied pursuant to Article VII Sections 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78-901 and pursuant to an ordinance Establishing The United City of Yorkville Special Service Area Number 2006-119. Section 5: That there is hereby certified to the County Clerk of Kendall County, Illinois,the sum aforesaid, constituting said total amount and the said total amount of Seven thousand, five hundred thirty-one dollars ($7,531.00)which said total amount the said United City of Yorkville Special Service Area Number 2006-119 requires to be raised by taxation for the current fiscal year of said City and City Clerk of said City is hereby ordered and directed to file with the County Clerk of said County on or before the time required by law, a certified copy of this ordinance. The tax roll report is attached as Exhibit A. Section 6: This ordinance shall be in full force and effect from and afterits adoption and approval as provided by law. LARRY KOT MARTY MUNNS DIANE TEELING JACKIE MILSCHEWSKI CHRIS FUNKHOUSER ROSE SPEARS CARLO COLOSIMO GEORGE GILSON PASSED AND APPROVED this day of , 2011 Mayor ATTEST: [SEAL] City Clerk EXHIBIT A SUNFLOWER ESTATES SSA TAX ROLL REPORT $7,531.00 Levy Amount PIN# Levy 05-05-440-002 $64.37 1 05-05-440-003 $64.37 2 05-05-440-004 $64.37 3 05-05-440-005 $64.37 4 05-05-440-006 $64.37 5 05-05-440-007 $64.37 6 05-05-440-008 $64.37 7 05-05-440-009 $64.37 8 05-05-440-010 $64.37 9 05-05-440-011 $64.37 10 05-05-440-012 $64.37 11 05-05-440-013 $64.37 12 05-05-440-014 $64.37 13 05-05-440-015 $64.37 14 05-05-440-016 $64.37 15 05-05-440-017 $64.37 16 05-05-440-018 $64.37 17 05-05-440-019 $64.37 18 05-05-440-020 $64.37 19 05-05-440-021 $64.37 20 05-05-440-022 $64.37 21 05-05-440-023 $64.37 22 05-05-475-001 $64.37 23 05-05-475-002 $64.37 24 05-05-475-003 $64.37 25 05-05-475-004 $64.37 26 05-05-475-005 $64.37 27 05-05-475-006 $64.37 28 05-05-475-007 $64.37 29 05-05-475-008 $64.37 30 05-05-475-009 $64.37 31 05-05-475-010 $64.37 32 05-05-475-011 $64.37 33 05-05-475-012 $64.37 34 05-05-475-013 $64.37 35 05-05-475-014 $64.37 36 05-05-475-015 $64.37 37 05-05-475-016 $64.37 38 05-05-475-017 $64.37 39 05-05-475-018 $64.37 40 05-05-475-019 $64.37 41 05-05-443-001 $64.37 42 05-05-443-002 $64.37 43 05-05-443-003 $64.37 44 05-05-443-004 $64.37 45 05-05-443-005 $64.37 46 Page 1 of 3 EXHIBIT A SUNFLOWER ESTATES SSA TAX ROLL REPORT $7,531.00 Levy Amount 05-05-443-006 $64.37 47 05-05-443-007 $64.37 48 05-05-443-008 $64.37 49 05-05-441-001 $64.37 50 05-05-441-002 $64.37 51 05-05-441-003 $64.37 52 05-05-441-004 $64.37 53 05-05-441-005 $64.37 54 05-05-441-006 $64.37 55 05-05-441-007 $64.37 56 05-05-441-008 $64.37 57 05-05-441-009 $64.37 58 05-05-441-010 $64.37 59 05-05-441-011 $64.37 60 05-05-441-012 $64.37 61 05-05-442-001 $64.37 62 05-05-442-002 $64.37 63 05-05-442-003 $64.37 64 05-05-442-004 $64.37 65 05-05-442-005 $64.37 66 05-05-442-006 $64.37 67 05-05-442-007 $64.37 68 05-05-442-008 $64.37 69 05-05-442-009 $64.37 70 05-05-442-010 $64.37 71 05-05-442-011 $64.37 72 05-05-442-012 $64.37 73 05-05-442-013 $64.37 74 05-05-442-014 $64.37 75 05-05-442-015 $64.37 76 05-05-442-016 $64.37 77 05-05-442-017 $64.37 78 05-05-442-018 $64.37 79 05-05-442-019 $64.37 80 05-05-442-020 $64.37 81 05-05-442-021 $64.37 82 05-05-442-022 $64.37 83 05-05-442-023 $64.37 84 05-05-442-024 $64.37 85 05-05-442-025 $64.37 86 05-05-442-026 $64.37 87 05-05-442-027 $64.37 88 05-05-442-028 $64.37 89 05-05-442-029 $64.37 90 05-05-442-030 $64.37 91 05-05-445-001 $64.37 92 05-05-445-002 $64.37 93 Page 2 of 3 EXHIBIT A SUNFLOWER ESTATES SSA TAX ROLL REPORT $7,531.00 Levy Amount 05-05-445-003 $64.37 94 05-05-445-004 $64.37 95 05-05-444-001 $64.37 96 05-05-444-002 $64.37 97 05-05-444-003 $64.37 98 05-05-444-004 $64.37 99 05-05-444-005 $64.37 100 05-05-444-006 $64.37 101 05-05-443-009 $64.37 102 05-05-443-010 $64.37 103 05-05-443-011 $64.37 104 05-05-443-012 $64.37 105 05-05-443-013 $64.37 106 05-05-443-014 $64.37 107 05-05-443-015 $64.37 108 05-05-443-016 $0.00 *** 109 05-05-476-001 $64.37 110 05-05-476-002 $64.37 111 05-05-476-003 $64.37 112 05-05-477-001 $64.37 113 05-05-477-002 $64.37 114 05-05-477-003 $64.37 115 05-05-477-004 $64.37 116 05-05-477-005 $64.37 117 05-05-477-006 $64.37 118 05-05-330-001 $0.00 *** 119 05-05-330-002 $0.00 *** 120 05-05-440-001 $0.00 *** 121 $7,531.00 ***These are City owned properties -which are not included on the SSA tax levy Page 3 of 3 0 C/ry Reviewed By: Agenda Item Number .�' O Legal ❑ Mayor#5 Finance ❑ esr. .�� �,`__ isas Engineer ❑ ` Tracking Number °< cn City Administrator ❑ Cad LU31 O Consultant El Ke _-ry ► EDC 2011-48 kE Agenda Item Summary Memo Title: Kendall County Request for Waiver of Sewer Hook-up Fees Meeting and Date: City Council—December 13, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 0 Memorandum -10 EST �, " leas To: Economic Development Committee 1 -- From: Bart Olson, City Administrator p � CC: pp, Date: December 2, 2011 LCEcW; � Subject: Kendall County Highway Department sewer connection fee Summary A request from the Kendall County Highway Department for a waiver of the City's sewer connection fee of$2,000. Staff recommends approval of the request, given the Highway Department's cooperation to the City over the past several years. Background The Kendall County Highway Department Building on Route 47 south of downtown has been on septic service for decades. Recently, the IEPA mandated that the building must connect to a public sewer system. With the construction of the Car Care Collision Center, the City's sewer system is now adjacent to the Highway Department building. The Highway Department has asked for a waiver of the City's sanitary sewer connection fee, which is $2,000. They are asking for the waiver because of the excellent working relationship with the City in the past, and they are being forced to connect to the City's sewer by the IEPA. The Highway Department is currently coordinating and front-funding the phase I and phase I engineering work on the River Road Bridge project (a City responsibility). Before IDOT came through with the 10-year Route 47 payment agreement, the Highway Department and Committee was also considering a request by the City to front-fund the construction of the River Road Bridge as well. While this request could go to the Public Works Committee in addition to the EDC (or, instead of the EDC), time is of the essence as they are doing the construction before the construction season is ended by the weather. For that reason, I asked that this request be taken to EDC, so it may be considered at the December 13th City Council meeting. Also, building permit waivers for various fee have been considered at the EDC in the past. Recommendation For the reasons listed above, I recommend a sewer connection fee waiver for the Kendall County Highway Department. �THECOLIN °l NDALL , KENDALL COUNTY HIGHWAY DEPARTMENT RUARy19,1941 FRANCIS C . KLAAS COUNTY ENGINEER 6780 ROUTE 47 YORKVILLE,IL 60560 TEL 630/553-7616 FAX 630/553-9583 November 15, 2011 Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Sewer Hook-Up Fees Dear Mr. Olson: Per agreement with the Fountain View Development, sanitary sewer facilities were recently installed in close proximity to the Kendall County Highway Department. Now that we have an opportunity to connect to City sewer, we would like to hook our maintenance building at 6780 Route 47 to City sewer. Kendall County Highway Department respectfully requests that the City of Yorkville waive any and all hook-up fees, as well as any and all recapture fees for sanitary sewer that would serve our operation at the Highway Department. We would certainly pay all ongoing usage fees for sanitary sewer in accordance with usual and customary fees that are applicable for our operation. As discussed previously, the Highway Department uses less water than a typical single family home. I appreciate your thoughtful consideration of this request, and would like to express our continuing appreciation for the excellent working relationship we have with City of Yorkville. Sincerely, .asf ncis C. Kla , P.E. Kendall County Engineer ®`t'D C/Tr Reviewed By: J� 0 Le al El Agenda Item Number ❑ esr. isas Finance Admin#1❑ City Administrator 0 Human Resources ❑ Tracking Number �o mY�a � �O Community Development ❑ C..ty Police ❑ PW 2011-39 fLk ��� Public Works ❑ City Council Agenda Item Summary Memo Title: Solid Waste Franchise Agreement RFP Meeting and Date: City Council—December 13, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: November 2011 Action Taken: Admin. Committee recommends approval Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: `,LSD C/T* 0 Memorandum To: City Council EST. = 1836 From: Bart Olson, City Administrator .< ` CC: 0� i�.e Cau�ilY Se aim a p° Date: December 9, 2011 t ,/C-1C..Y Z Subject: Residential solid waste franchise agreement Executive Summary Approval of the form of the RFP to be used for soliciting proposals from waste haulers for the City's solid waste refuse collection program from May 1, 2012 through April 30, 2017. Background This item was last discussed at the November Administration Committee meeting. At that meeting, the committee recommended that the attached RFP document be approved. Over the several month discussion on the RFP, the committee debated the merits of changing the solid waste collection program and whether the City wanted to negotiate a contract extension with Veolia, or post an RFP. Ultimately, the committee recommended an RFP. The committee also recommended that different prices be charged for 33, 65, and 96 gallon carts, and that the City encourage an alternate bid whereby the City receives all revenue generated by the sale of recyclables. The RFP recommended by the committee is substantially in the same format as the RFP that was issued in 2007 for the last refuse collection contract. All RFPs put out by the City must be approved by the City Council. Timeline for RFP publishing If the form and the document is approved at the December 13th City Council meeting, it would be my recommendation to have the RFP window from December 28th through January 18t''. REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Solid Waste Collection Services Proposal No.: Proposal Due: DATE (cry, 3:3012m. (FOUR WEEK WINDOW) Proposal Opening_ DATE (a, 34:31 p.m. Required of All Proposers: Deposit: $5,000.00 Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Contractor: Performance Bond/Letter of Credit: $500,000.00 Certificate of Insurance: Required Legal Advertisement Published: DATE AT BEGINNING OF WINDOW Date Issued: DEADLINE MINUS FOUR WEEKS This document consists of 44 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a *.doc (Microsoft Word) or *.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: BART OLSON CITY ADMINISTRATOR UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE, IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.yorkville.il.us 1 The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday, 8:00 A.M. to 4:30 P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The City Council reserves the right to accept or reject any and all proposals, to waive technicalities and to accept or reject any item of any proposal. The documents constituting component parts of this contract are the following: I. REQUEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL/CONTRACT FORM DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD RESULT. Proposers MUST submit an original, 2 additional paper copies and one compact disc of the total proposal. Upon formal award of the proposal, the successful Proposer will receive a copy of the executed contract. 2 I. REQUEST FOR PROPOSALS 1. GENERAL 1.1 Notice is hereby given that United City of Yorkville will receive sealed proposals up to DATE at 34:30 p.m. 1.2 Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road, on DATE at 34:31 p.m. 1.2 Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.3 Proposal forms shall be sent to the United City of Yorkville, ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.4 All proposals must be submitted on the forms supplied by the City and signed by a proper official of the company submitting proposal. Telephone, email and fax proposals will not be accepted. 1.5 By submitting this proposal, the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential Proposer. 2. PREPARATION OF PROPOSAL 2.1 It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations, provisions, and conditions surrounding the proposed services. 2.2 No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five(5)business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposer's of record. 2.3 In case of error in the extension of prices in the proposal, the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4 All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5 The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance 3 with the requirements of the Contract Documents considered severally and collectively. 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1 A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal,provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2 A Proposal that is in the possession of the City may be withdrawn by the proposer,up to the time set for the proposal opening,by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety(90) days from the date set for the proposal opening,unless otherwise specified. 4. SECURITY FOR PERFORMANCE 4.1 The awarded contractor, within thirteen (13) calendar days after acceptance of the proposer's proposal by the City, shall furnish security for performance acceptable to the City when required under the documents. Such security shall be either a satisfactory performance bond (bonding company must be licensed to do business in Illinois) or a letter of credit on the form provided by the City and available from the City's Attorney. NOTE: As evidence of capability to provide such security for performance, each proposer shall submit with the proposal either a letter executed by its surety company indicating the proposer's performance bonding capability, or a letter from a bank or savings and loan within twenty-five miles of the corporate boundaries of the City indicating its willingness and intent to provide a letter of credit for the proposer. 5. DELIVERY 5.1 All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 6. TAX EXEMPTION 6.1 The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 7. RESERVED RIGHTS 7.1 The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subcontractors as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. 4 II. TERMS AND CONDITIONS 8. CITY ORDINANCES 8.1 The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 9 USE OF CITY'S NAME 9.1 The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 10. INDEMNITY AND HOLD HARMLESS AGREEMENT 10.1 To the fullest extent permitted by law,the Proposer shall indemnify,keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs and expenses, which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subcontractors, and the Proposer, its employees, or its subcontractors, and the Proposer shall at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, the Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall not be construed as requiring the Proposer to indemnify the City for its own negligence. The Proposer shall indemnify,keep and save harmless the City only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its Subcontractors. 11. NONDISCRIMINATION 11.1 Proposer shall, as a party to a public contract: (a) Refrain from unlawful discrimination in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination; (b) By submission of this proposal, the Proposer certifies that he is an "equal opportunity employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code Annotated and Executive Orders #11246 and#11375, which are incorporated herein by reference. The Equal Opportunity clause, Section 6.1 of the Rules and Regulations of the Department of Human Rights of the State of Illinois, is a material part of any contract awarded on the basis of this proposal. 11.2 It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age,marital status, sexual orientation,physical or mental handicap or unfavorable discharge for military service. Proposer shall comply with standards set forth in Title VII of the Civil Rights Act of 1964, 42 U.S.C. Secs. 2000 et seq., The Human Rights Act of the State of Illinois, 775 ILCS 5/1-101et. seq., and The Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et. seq. 5 12. SEXUAL HARASSMENT POLICY 12.1 The proposer, as a party to a public contract, shall have a written sexual harassment policy that: 12.1.1 Notes the illegality of sexual harassment; 12.1.2 Sets forth the State law definition of sexual harassment; 12.1.3 Describes sexual harassment utilizing examples; 12.1.4 Describes the Proposer's internal complaint process including penalties; 12.1.5 Describes the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and how to contact these entities; and 12.1.6 Describes the protection against retaliation afforded under the Illinois Human Rights Act. 13. EQUAL EMPLOYMENT OPPORTUNITY 13.1 In the event of the Proposer's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"),the Proposer may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the Proposer agrees as follows: 13.1.1 That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex,marital status, national origin or ancestry, age,physical or mental handicap unrelated to ability, sexual orientation, sexual identity or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 13.1.2 That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability(in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 13.1.3 That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color,religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military services. 13.1.4 That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or 6 understanding, a notice advising such labor organization or representative of the Proposer's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the Proposer in its efforts to comply with such Act and Rules and Regulations, the Proposer will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 13.1.5 That it will submit reports as required by the Department's Rules and Regulations, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.6 That it will permit access to all relevant books,records, accounts and work sites by personnel of the contracting agency and the Department for purpose of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. 13.1.7 That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the Proposer will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the Proposer will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivision or municipal corporations. 14. DRUG FREE WORK PLACE 14.1 Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by: 14.2 Publishing a statement: (1)Notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, including cannabis, is prohibited in the City's or proposer's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that, as a condition of employment on such contact or grant, the employee will: (A) abide by the terms of the statement; and(B)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5) days after such conviction. 14.3 Establishing a drug free awareness program to inform employee's about: (1)the dangers of drug abuse in the workplace; (2) the City's or proposer's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation and employee assistance programs; (4) the penalties that may be imposed upon employees for drug violations. 14.4 Providing a copy of the statement required above to each employee engaged in the 7 performance of the contract or grant and to post the statement in a prominent place in the workplace. 14.5 Notifying the contracting or granting agency within ten(10) days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 14.6 Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 14.7 Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. 14.8 Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 15. PREVAILING WAGE ACT 15.1 Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 15.2 Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four(4) years following completion of the contract. 16. INSURANCE REQUIREMENTS— 16.1 Prior to the beginning of the contract period, Contractor and any Subcontractors shall procure,maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property, including loss of use, which may arise out of operations by the Contractor or Subcontractor or any Sub-Sub Contractor or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City. Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee 8 Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile $1,000,000 Each Accident Liability Umbrella Liability $ 5,000,000 16.2 Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents.''-' 16.3 Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned,hired and non-owned automobiles. 16.4 Workers Compensation coverage shall include a waiver of subrogation against the City. 16.5 Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 16.6 Contractor and all Subcontractors shall have their respective Comprehensive General Liability(including products/completed operations coverage), Employers Liability, Commercial Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the "City of Yorkville, its officers, officials, employees and volunteers" as "additional insureds"with respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Contractor of Subcontractor employees, or the employees of Subcontractor's subcontractors of any tier,however caused,related to the performance of operations under the Contract Documents. Such insurance afforded to the City shall be endorsed to provide that the insurance provided under each policy shall be Primary and Non-Contributory. 16.7 Contractor and all Subcontractors shall maintain in effect all insurance coverages required by the Contract Documents at their sole expense and with insurance carriers licensed to do business in the State of Illinois and having a current A. M. Best rating of no less than A-VIII. In the event that the Contractor or any Subcontractor fails to procure or maintain any insured required by the Contract Documents, the City may, at its option, purchase such coverage and deduct the cost thereof from any monies due to the Contractor or Subcontractor, or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 16.8 All insurance policies shall contain a provision that coverages and limits afforded hereunder shall not be canceled,materially changed, non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the City. Renewal 9 certificates shall be provided to the City not less than five (5) prior to the expiration date of any of the required policies. All Certificates of Insurance shall be in a form acceptable to City and shall provide satisfactory evidence of compliance with all insurance requirements. The City shall not be obligated to review such certificates or other evidence of insurance, or to advise Contractor or Subcontractor of any deficiencies in such documents, and receipt thereof shall not relieve the Contractor or Subcontractor from, nor be deemed a waiver the right to enforce the terms of the obligations hereunder. The City shall have the right to examine any policy required and evidenced on the Certificate of Insurance. 17. COPYRIGHT/PATENT INFRINGEMENT 17.1 The Proposer agrees to indemnify, defend, and hold harmless the City against any suit, claim, or proceeding brought against the City for alleged use of any equipment, systems, or services provided by the Proposer that constitutes a misuse of any proprietary or trade secret information or an infringement of any patent or copyright. 18. COMPLIANCE WITH OSHA STANDARDS 18.1 Equipment supplied to the City must comply with all requirements and standards as specified by the Occupational Safety and Health Act. All guards and protectors as well as appropriate markings will be in place before delivery. Items not meeting any OSHA specifications will be refused. 19. CERCLA INDEMNIFICATION 19.1 In the event this is a contract that has environment aspects, the Awarded Proposer shall, to the maximum extent permitted by law, indemnify, defend, and hold harmless the City, its officers, employees, agents, and attorneys from and against any and all liability, including without limitation, costs of response,removal,remediation, investigation, property damage,personal injury, damage to natural resources,health assessments, health settlements, attorneys' fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, 42 U.S.C.A. Sec. 9601, et seg., as amended, and all other applicable statutes, regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Awarded Proposer,both before and after its disposal. 20. SUBLETTING OF CONTRACT 20.1 No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the City Administrator. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 22. TERMINATION OF CONTRACT 22.1 The City reserves the right to terminate the whole or any part of this contract, upon ten (10) days' written notice to the Awarded Proposer,in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure, upon such terms and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. The Awarded Proposer shall be liable for any excess costs for such similar supplies or services unless 10 acceptable evidence is submitted to the City that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the Awarded Proposer. Any such excess costs incurred by the City may be set-off against any monies due and owing by the City to the Awarded Proposer. 23. BILLING& PAYMENT PROCEDURES 23.1 Payment will be made upon receipt of an invoice. Once an invoice has been verified, the invoice will be processed for payment in accordance with the City payment schedule, policy and procedures. 23.2 The City shall review in a timely manner each bill or invoice after its receipt. If the City determines that the bill or invoice contains a defect making it unable to process the payment request, the City shall notify the Proposer requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under 50 ILCS 505/1 et seq. The notice shall identify the defect and any additional information necessary to correct the defect. 23.3 Please send all invoices to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560. 24. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 24.1 The relationship between the City and the Proposer is that of a buyer and seller of professional services and it is understood that the parties have not entered into any joint venture or partnership with the other. 25. STANDARD OF CARE 25.1. Services performed by Proposer under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representations express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinions, and documents or otherwise. 25.2 If the Proposer fails to meet the foregoing standard, Proposer will perform at its own cost, and without reimbursement from the City, the professional services necessary to correct errors and omissions caused by Proposer's failure to comply with the above standard and reported to Proposer within one (1)year from the completion of Proposer's services for the Project. 26. GOVERNING LAW 26.1 This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 27. SUCCESSORS AND ASSIGNS 27.1 The terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns; provided,however, that neither party will assign this Agreement in whole or in part without the prior written approval of the other. 11 The Proposer will provide a list of key staff, titles,responsibilities, and contact information to include all expected sub Proposers. 28. WAIVER OF CONTRACT BREACH 28.1 The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any future breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 29. AMENDMENT 29.1 This Agreement will not be subject to amendment unless made in writing and signed by all parties. 30. CHANGE ORDERS 30.1 The contract price is a"not-to-exceed" cost. At any time additional work is necessary or requested, and the not-to-exceed price is increased thereby, any change, addition or price increase must be agreed to in writing by all parties. The appropriate authorizing signature for the City is the City Administrator. 31. SEVERABILITY OF INVALID PROVISIONS 31.1 If any provisions of this Agreement are held to contravene or be invalid under the laws of any state, country or jurisdiction, contravention will not invalidate the entire Agreement, but it will be construed as if not containing the invalid provision and the rights or obligations of the parties will be construed and enforced accordingly. 32. NOTICE 32.1 Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party at the party's place of business. Notices shall be addressed to the City as follows: City Administrator City of Yorkville 800 Game Farm Road. Yorkville, IL 60560 And to the Proposer as designated in the Contract Form. 12 III. DETAILED SPECIFICATIONS 33. DEFINITIONS 33.1 For the purpose of the Contract, definitions of certain terms are listed below. Certain words or phrases, when used in the Contract shall have the same meaning given to them in this section. Other terms shall be defined within applicable subsections. Attached Single-Family Dwelling (Group, Row, Townhouse) A building originally designed and constructed to accommodate two (2) or more dwelling units, with dwelling units joined together by party wall or walls and being not more than two (2) stories in height. Each unit shall have its own ground floor entrance and living space. Biodegradable shall mean chemically structured material that decomposes rapidly primarily through the action of living soil-borne microorganisms (bacteria, fungi, and actinomycetes) or macro-organisms (crickets, slugs, snowbugs, millipedes, etc.). Brown Kraft 2-Ply Paper Bags shall mean a two-layer brown product container comprised of kraft paper most often used to contain groceries. Chipboard shall mean a single-layer cardboard used for packaging cereal, crackers, tissues, and other similar products. Compost(ing) shall mean the process by which aerobic microorganisms decompose organic matter into a humus-like product. Contract shall mean the agreement created by and consisting of the Contract Documents. Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Proposal/Contract Form. Contractor shall mean the firm with which the City has executed the Contract for Solid Waste Collection and Disposal Services Corrugated Cardboard shall mean a sturdy paper product commonly used as a packaging consisting of two paper grades—a wavy inner portion and an outside liner. Curbside shall mean adjacent to the street pavement, alley pavement and gutter and within five feet thereof. Customer shall mean the resident party,property owner of a dwelling unit in Yorkville corporate boundaries participating in the scavenger collection service. Day shall mean Calendar Day unless otherwise stated. Detached Dwelling A single-family dwelling entirely surrounded by open space. Disposal Unit shall have different meanings as follows: For the purposes of refuse 13 collection, a"disposal unit" shall mean one (1) 64-gallon, 33-gallon, or 96-gallon tote or one (1) water-tight metal, or plastic reusable waste container, no larger than thirty-two (32) or thirty-three (33) gallons in capacity, containing refuse, yard-waste or household construction and demolition debris as herein defined; or a securely tied,bundle of refuse or debris which is not placed in a container that does not exceed three(3) feet in diameter, six (6) feet in length, and fifty(50)pounds in weight, or one (1) single miscellaneous or odd-shaped item of refuse or debris that does not exceed fifty(50) pounds in weight. A large household item, as herein defined, is to be considered a disposal unit. Household construction and demolition debris, as is herein defined, is to be considered a disposal unit. For the purpose of yard-waste collection, a"disposal unit" shall mean a biodegradable two-ply fifty(50) pound wet-strength kraft paper bag designed for yard-waste collection, not to exceed thirty-three (33) gallons in capacity and fifty (50)pounds in weight, containing"yard-waste" as herein defined, or securely tied, bundles of brush or branches using biodegradable cord, string,rope or twine that does not exceed fifty(50)pounds in weight, two (2) feet in diameter, and four(4) feet in length and is manageable by one (1)person. For purpose of recycling collection, a"disposal unit" shall mean one (1) 64 gallon, 33 gallon, or 96 gallon tote. Envelope shall mean a flat, folded paper container for a letter or smaller object. Frozen Food Packages shall mean paperboard containers with special coatings to prevent tearing of the packages or smearing of the ink from moisture when refrigerated or frozen. Garbage or Rubbish shall mean discarded materials resulting from the handling, cooking, spoilage, and leftovers of food, discarded food or food residues, and paper necessarily used for wrapping same, and all types and kinds of waste materials from housekeeping activities, including,but not limited to ashes,metal cans bottles,books, glass,plastic, newspapers,boxes, cartons, and small amounts of earth,rock or sod, small automobile parts and building materials waste from residential type do-it-yourself projects provided that all such materials are of a size sufficiently small to permit being placed in an approved refuse container, except those items which are banned from direct disposal into a landfill. HDPE shall mean high-density polyethylene. Household Construction and Demolition Debris shall mean waste materials from interior and exterior household construction,remodeling and repair projects, including but not limited to: drywall, plywood and paneling pieces, lumber and other building materials; windows and doors, cabinets, carpeting, disassembled bathroom and kitchen fixtures; and small amounts of sod, earth, clay, sand, concrete,rocks and similar materials. Such debris shall conform to the following: loose small items shall be placed in suitable disposable containers not exceeding fifty(50)pounds in weight, or in bundles not exceeding two (2) feet in diameter, four(4) feet in length, and fifty(50)pounds in weight. Household Garbage shall mean garbage and rubbish as collected from the residents of the City of Yorkville currently receiving curbside scavenger service or on-site dumpster service. 14 Household Garbage—Large Items shall mean any items set forth under"Garbage and Rubbish" above if such item is too large to fit in an approved Disposal Unit including, but not limited to boxes, barrels, crates, furniture, refrigerators, carpets, mattresses, box springs,hot water heaters, stoves and other household appliances, except those items which are banned from direct disposal into a landfill. Household Garbage—Large Items shall not include waste from manufacturing processes, construction materials,broken concrete, lumber, large rocks, automobile parts other than tires or dangerous substances which may create a danger to the health, safety, comfort or welfare of the residents of the City of Yorkville or items which are banned from direct disposal into a landfill. Industrial Wastes shall mean any and all debris and waste products generated by canning, manufacturing, food processing,restaurant, land clearing,building construction or alteration and public works type construction projects whether performed by a governmental unit or by Contract. Juice Boxes shall mean aseptic cartons consisting of a high-grade paperboard coated with polyethylene plastic and aluminum foil, excluding milk cartons. Junk Mail shall mean brochures, advertisements, flyers,post cards, greeting cards, window envelopes, and other similar correspondence. Landscape Waste (also referred to as Yard-waste) shall mean hard landscape waste and soft landscape waste. Large Household Item(also known as "Bulk Item"), shall mean any discarded and unwanted large household appliance such as freezers, stoves, trash compactors,washers, dryers, dishwasher,humidifiers, dehumidifiers,microwaves, water softeners, televisions, pianos, organs,tables, chairs,mattresses,box springs,bookcases, sofas and similar furniture. All "white goods" including those containing CFC's (chlorofluorocarbons), shall fit into this definition. White goods containing switches containing mercury, and PCB's (polychlorinated biphenyls) shall not fit into this definition. LDPE shall mean low density polyethylene. Magazines shall mean periodical publications, usually glue bound. Mixed Papers shall mean stationary, various office papers such as; computer paper, xerox paper, note paper, letterhead, and other similar papers. Multiple-Family Dwelling A dwelling containing three(3) or more dwelling units, with one or both of the following: (a) More than one(1) dwelling unit connecting to a common corridor or entrance-way; or, (b) Dwelling unit vertically connected to neighboring dwelling units through shared floors and ceilings. PET shall mean polyethylene terephthalate. 15 Performance Bond shall mean the form of security approved by the City and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract and will pay all lawful claims. Processing Center shall mean a location to be maintained or utilized by the Contractor for the purpose of sorting,preparing, and marketing of recyclable materials. Properly-Prepared shall mean materials prepared according to the disposal program restrictions for refuse, yard-waste, and recycling. Processing Costs shall mean all reasonable costs incurred by the Contractor with respect to the collection of recyclables from residents currently receiving curbside scavenger services. Public Awareness Program shall mean a program developed and provided by the Contractor and the City to inform and encourage residents to use the recycling collection services and other waste collection and disposal services of the City. Recyclables or Recyclable Material(s) shall mean, at a minimum, those materials listed on Appendix 2. Recycling shall mean the use, collection, and remanufacture of secondary materials as feedstock for the production of new materials or products. Recycling Containers (bins) shall mean a 64 gallon tote, or a 33-gallon or 94-gallon tote if so acquired by the customer in the manner prescribed in the recycling collection program Refuse shall mean all discarded and unwanted household and kitchen wastes, including but not limited to: food, food residues, and materials necessarily used for packaging, storing,preparing and consuming same, usually defined as "garbage"; and all combustible and non-combustible waste materials resulting from routine domestic housekeeping, including but not limited to: aluminum and steel cans, glass containers, plastic containers, crockery and other containers,metal,paper(of all types), including newspapers,books, magazines, catalogs,boxes and cartons, cold ashes, furniture, furnishings and fixtures,household appliances (all kinds),textiles and leathers, toys and recreational equipment and similar items. For the purposes of this Agreement, the terms "garbage", "refuse", "rubbish", and"waste" shall be synonymous unless otherwise more specifically defined (for example: "yard-waste"). Refuse Sticker shall mean a biodegradable paper stamped with the City name and the Contractor's name and telephone number providing the solid waste services for the City. The sticker shall represent proof of payment for collection and disposal services to be rendered by the Contractor. Residence shall mean all attached single family and detached single family dwelling. Single-Family Dwelling A detached dwelling containing accommodations for and occupied by one (1) family only. 16 Specifications shall mean specifications identified in the Contract. Tote (also referred to as a Toter) A plastic wheeled container in size of 64 gallon, 33 gallon, or 96 gallon with tight-fitting cover,requiring semi-automatic lifting mechanism for collection. Waste shall mean refuse, recyclables, yard or landscape waste and white goods. Wet-strength Carrier Stock shall mean rectangular-shaped paperboard containers with special coatings to prevent tearing of the containers or smearing of the ink from moisture when refrigerated. White Goods shall mean refrigerators, ranges or stoves (electric or gas), freezers, room air conditioners, water heaters and other similar domestic large appliances. Yard-waste container/unit shall mean a container or unit and may be a kraft paper bag not exceeding thirty(34) gallons of capacity weighing up to fifty(50) pounds. The kraft paper bag shall be of the type specifically intended for landscape waste,being specifically biodegradable and not chemically treated; or a waste container(excluding plastic bags) not exceeding thirty-four (34) gallons of capacity weighing up to fifty(50) pounds; or bundles of hard landscape waste not exceeding two (2) feet in diameter and four(4) feet in length weighing up to fifty(50) pounds. Said bundle to be securely tied with biodegradablenatural fiber twine. Securing with plastic or wire is prohibited. Yard-waste (also known as "landscape waste") shall mean grass clippings, leaves, branches and brush, other yard and garden trimmings, vines, garden plants and flowers, weeds, tree droppings (for example: pine cones and crabapples), and other similar organic waste materials accumulated as the result of the cultivation and maintenance of lawns, shrubbery, vines, trees and gardens. Sod, dirt, Christmas trees, and greenery from wreathes and garlands shall not be considered yard-waste and shall be disposed of as refuse, unless the composting facility will accept it. 34. DESCRIPTION OF THE CITY'S SOLID WASTE PROGRAM 34.1 Refuse, yard-waste, and curbside recycling services are provided to residences located within the City on a once-per-week basis. The program,being a modified volume based program,based on a monthly fee for pickup of all refuse, consisting of one 35-gallon, 64- gallon tote, or 96-gallon tote, and a$1 charge for each refuse disposal unit beyond the tote, unlimited yard waste and unlimited recycling. As part of program, the contractor shall supply the customer with a tote of a size of the customer's choosing for a cost outlined in Appendix 1. 34. 2 BULK ITEMS, as herein defined, are considered subject to collection by the CONTRACTOR, according to the terms and definitions of this contract. The CONTRACTOR will make available the collection of(1) one bulk item per week from residential UNITS at no additional cost to the resident. Individual residents will be responsible to contact CONTRACTOR and make arrangements for collection of additional BULK ITEMS on an individual basis. Residents with additional material or home improvement projects may contract separately with the CONTRACTOR. The 17 CONTRACTOR will make available 6, 10, 15, 20, and 30 cubic yard containers for this purpose. 34.3 Yard-waste collection shall begin each year on the 1St collection day in April and end the last collection day in November. 35. SCOPE OF WORK 35.1 The Contractor shall be responsible for performing all work as outlined in the specifications herein and shall provide and furnish all labor,materials, equipment and supplies, vehicles, transportation services, and landfill and compost facility space required to perform and complete the collection and disposal of refuse and yard waste. The Contractor shall also make necessary arrangements with processors required to perform and complete the collection and marketing of recyclables. 35.2 The collection of refuse, yard waste, and recyclable materials shall be a joint program awarded to one firm and cannot be quoted or operated as separate programs. 36. COLLECTION UNITS 36.1 The base unit of service shall be known as a"Collection Unit or Stop". The Contractor shall collect, remove and dispose from every residential building unit, as defined herein, in the City of Yorkville, all refuse, yard-waste and curbside recyclables that may be set out for collection one(1)time each week. 37. GARBAGE AND REFUSE COLLECTION; PREPARATION AND PLACEMENT OF DISPOSAL UNITS 37.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon totes to each single-family residence in the City of Yorkville for the purposes of garbage collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 37.2 The CONTRACTOR shall provide weekly collection of garbage and refuse for all occupied UNITS within the CITY. All GARBAGE and REFUSE as herein defined that is designated for collection and disposal hereunder must be placed in the provided carts. 37.3 Additional refuse material may be placed in covered cans or containers not to exceed thirty-three (33) gallons in capacity with a maximum weight for anyone container and its contents not to exceed fifty(50) pounds. The minimum can or container shall not be less than fifteen (15) gallons. Heavy duty bags which are securely fastened shall be considered proper containers so long as they do not exceed thirty-three (33) gallons capacity and are fifty(50)pounds or less in weight. Cans, containers, and/or heavy duty bags must be placed at the curb or roadway or in the alley(if designed by the CONTRACTOR). A$1 prepaid sticker must be attached to each bag or can in excess of the provided cart prior to collection by the CONTRACTOR. 37.4 All residences receiving the aforementioned services shall be required to prepare all materials for collection and/or disposal into proper"disposal units". The CONTRACTOR will be required to collect only properly prepared disposal units. Residents will be allowed to place unlimited amounts of disposal units at the curb for collection and disposal provided that a 18 disposal sticker has been attached to each unit above and beyond the disposal units covered in the monthly fee. 37.5 Properly prepared refuse shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians or snow plowing operations. The CONTRACTOR shall return all containers at each pick-up location to the curbside or adjacent to the right-of-way of paved or traveled CITY roadways. Containers will be placed,not thrown, and securely placed in such a manner that they are not left lying on their sides or in a manner that would allow roadway interference of vehicle and/or pedestrian traffic. Any contents spilled by CONTRACTOR on the parkways,premises, or streets are to be cleaned up in a workmanlike manner. 38. ACCEPTABLE/UNACCEPTABLE MATERIAL 38.1. UNACCEPTABLE MATERIAL: Residents shall not set out for disposal and the CONTRACTOR shall refuse to accept for regular collection: hazardous waste materials, radioactive materials,poisons, liquid waste,paint or similar products, acids,used motor oils, or any other material that the CONTRACTOR is legally unable to accept. 38.2 ACCEPTABLE MATERIAL: All refuse normally produced by residential properties shall be accepted for regular collection including but not necessarily limited to:bulk items,household fixtures, appliances, furniture and yard-waste. 39. EXAMINATION OF SERVICE AREA 39.1 It is the responsibility of the Contractor to be completely informed of all conditions under which service is to be performed, the service area, and all other relevant matters pertaining to the collection services as specified herein, including,but not limited to, type of housing,population density,roads, traffic patterns,required collection procedure, labor requirements, and any other factor which would effect the execution and/or completion of the work covered by the contract. 40. ALTERNATIVES AND DEVIATIONS 40.1 The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Contractor. 40.2 Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 40.3 If the Contractor is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached for each deviation. The Contractor shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 40.4 If the Contractor does not indicate alternatives to or deviations from the specifications, the City shall assume it is able to fully comply with these specifications. The City shall be the sole and final judge of compliance with all specifications. 19 40.5 The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 41 CHRISTMAS TREE COLLECTION 41.1 The CONTRACTOR will provide curbside collection service of live Christmas trees two (2) weeks during the 1 sl and 2nd full week in January each contract year. It will be the responsibility of the CONTRACTOR to either recycle or correctly dispose of live Christmas trees. There will be no cost to the CITY of Yorkville for this service. The CONTRACTOR and the CITY will work together to educate the public with respect to the condition of the trees before they will be collected. Christmas trees will be accepted provided they are free of all ornamentation, including tinsel, garland and lights. If disposable tree bags are used, a refuse sticker must be affixed to the plastic bag. Christmas trees placed at the curb during the two-week special collection period shall be recycled. Recycling shall consist of taking the Christmas trees to a compost site to be chipped,mulched or composted. The CONTRACTOR shall provide the name and location of the compost site in accordance with Appendix 6. 42. YARD-WASTE/BUNDLED BRUSH COLLECTION 42.1 As apart of yard-waste collection, all eligible households located within the City's corporate boundaries shall be provided weekly yard-waste and bundled brush collection in an unlimited amount. All yard waste materials must be placed in"Kraft"paper bags designed and sold specifically for the collection and disposal of yard waste. All bundled brush must not exceed four(4) foot length, with each individual bundle not to exceed excess weight of fifty(50) pounds. Resident customers placing bundled brush out for collection will be required to bundle brush with biodegradable natural fiber twine(plastic or wire is prohibited). Bundled brush will be collected on regular refuse service days during the yearly period of time established, (April 1 st through the last collection day in November). 43. RECYCLABLE MATERIAL PROGRAM 43.1 The CONTRACTOR agrees to provide, at its own expense, one 33-gallon, 64-gallon, or 96-gallon tote to each single-family residence in the City of Yorkville for the purposes of recycling collection. The carts will remain the property of the CONTRACTOR and the CONTRACTOR will be responsible for replacement of carts that become worn or damaged through normal usage. 43.2 The City of Yorkville's recyclable material program shall remain voluntary on the part of any person receiving residential scavenger service as covered under this contract. The Contractor shall,however,provide for the collection and disposal of all recyclable material placed for collection in accordance with the terms of this Contract. The Contractor shall provide for the collection and disposal of recyclable material at no additional cost to customers receiving residential scavenger service as covered under this contract. The cost of recycling collection and disposal services has been built into the rates and charges otherwise provided for in the Contract for collection of refuse and yard- waste. All revenue collected from the sale of recyclable material shall be the property of the Contractor. The Contractor shall have representatives available to participate in community-sponsored events promoting environmental awareness. 43.3 The method in which the recyclables are to be generally sorted for collection by the 20 United City of Yorkville household shall be commingled within the recycling container(s). 43.4 The Contractor shall specify the manner in which the recyclables are to be collected and sorted by the Contractor at the curbside; i.e. curb-sort, sorting at an intermediate processing facility, and the like. The Contractor will be responsible for cleaning up any material that has spilled as a result of the collection process. 43.5 The Contractor shall allow for a tagging system for recyclables not collected and must provide a simple explanation as to why the recyclable material(s) were not picked up, including,but not limited to, the following: contaminants, improper preparation; materials not accepted in program: refuse and/or yard-waste mixed with recyclables; or some combination thereof. The Contractor shall submit an example of the tagging system to be used. Recyclable materials that were rejected shall be returned to the container and not left on the street or parkway areas. 43.6 The Contractor shall purchase and maintain a reasonable supply of recycling totes, for residential scavenger service to cover replacement for lost, damaged and stolen containers, and for customers desiring additional recycling capacity. The City reserves the right to approve the type of containers purchased by the Contractor. 43.7 The Contractor shall pick up all recyclable material placed in the recycling existing 64 gallon totes, or the recycling containers supplied by the Contractor, or any other recycling containers used by the customer. If, for operational purposes, the Contractor has difficulty identifying recycling containers used for recycling purposes, the Contractor shall provide free of charge, a recycling sticker or other identification mechanism to be placed on the various recycling containers used for collection of recyclable material. 43.8 The Contractor shall provide the name and location of the processing facility, as well as the proposed buyer/market for recyclable materials as set forth in Appendix 6. In the event that an alternative site is preferred by the City, the Contractor shall use the alternative site location provided that any changes in the costs for collection and processing created by the use of such site will be negotiated between the City and the Contractor prior to its use. 43.9 The City reserves the right to accept or reject any or all suggested categories, which may be offered for collection in the residential recycling program. The City also reserves the right to phase in at a later date, any material(s) which the Contractor has indicated an ability to collect but which the City has determined not to add to the collection program, or to phase in any material(s) that the Contractor may not presently offer but will be able to offer sometime during the term of the Contract. The basis for determining cost of adding materials at a later date will be based on evidence supplied by the Contractor specifically justifying additional cost due to collection, administration,profit, and processing (minus revenue) only. 44. AMNESTY DAY 44.1 The CONTRACTOR shall provide for a spring and fall curbside collection of additional 21 United City of Yorkville refuse and bulk items as defined herein, on a date(s) that is mutually agreed upon between the CONTRACTOR and the CITY. In addition, the CONTRACTOR will collect WHITE GOODS and up to 4 automobile tires during the scheduled Amnesty Day. All rims must be removed from the tires prior to collection. There shall be no additional charge to the residents for the clean up and additional BULK ITEMS and WHITE GOODS that will be accepted during the designated clean-up week and stickers will not be required. 45. COLLECTION FROM CITY-OWNED FACILITIES 45.1 At no additional cost, the Contractor shall collect, transport, and dispose of all refuse, yard-waste and recyclables from all City-owned facilities as set forth in Exhibit B. The Contractor shall furnish, at no additional cost to the City, at each municipal building served, containers for refuse, yard-waste and recyclables as requested by the City's Designated Representative, with the size to be agreed upon. The City reserves the right to request such containers, in addition to, or increase the size of normal containers, on a permanent or temporary basis. If requested by the City, any and all containers furnished by the Contractor shall be equipped with non-removable hinged covers or lids. Collection and disposal services by the Contractor will be as often as necessary each week, as set forth in Exhibit B. 46. STICKER DESIGN AND DISTRIBUTION 46.1 The CITY has the sole authority to approve or disapprove the design and constmction of the CONTRACTOR's stickers. Stickers must be of an approved color, which should be clearly visible at dawn or at dusk by drivers, and which said color should be changed periodically to prevent counterfeiting. The paper used shall be biodegradable and shall contain glue backing that will adhere in sub-zero temperatures as well as in extreme heat. The stickers shall contain the CONTRACTOR's name and telephone number, state the CITY of Yorkville title and be consecutively numbered for record keeping and balancing purposes. The CONTRACTOR will deliver stickers to retail outlets and the CITY upon request. 39.2 The CONTRACTOR shall be responsible for the printing, distribution, and sale of an ample and always available supply of waste stickers. The CONTRACTOR shall arrange for local retail outlets to aid in the sale of the stickers. The CITY also may act as a disposal sticker retailer for the CONTRACTOR. 48. BILLING PROCEDURES 48.1 The CONTRACTOR shall bill the City for all serviced UNITS within the City. The City shall provide the contractor with the number of occupied UNITS within the City on a monthly basis. 49. MONTHLY REPORTING 49.1 The Contractor shall prepare and submit to the City a monthly refuse, yard-waste and recycling material report, due by the 25th of the following month. The report shall include the following information for all residential scavenger service covered under this contract: 22 United City of Yorkville 49.2 Refuse- Total weight in tons and total volume in compacted cubic yards of refuse land- filled each month; Number of white goods collected each month; Tipping fee charge per ton at the landfill site; Name and location of the landfill facility and/or transfer station used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 49.3 Yard-waste - Total volume, in compacted cubic yards, of yard-waste collected; Tipping fee charge per compacted cubic yard at the compost facility;Name and location of the compost facility used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 49.4 Recyclable Material -Weekly set-out rate; Monthly participation rate (total number of set-outs divided by the number of homes/dwelling units included in the collection service); Total weight, in pounds, of recyclable materials collected; Revenue received by the Contractor for the sale of recyclables; Tipping fee savings (total weight of recyclable materials collected in tons multiplied by the tipping fee charge per ton at the landfill site); Name and location of processing facility used by the Contractor; and, Copy of all complaints filed by the City of Yorkville customers during the month. 50. CONSUMER EDUCATION 50.1 Upon request, the Contractor agrees to provide City residents with such educational materials as the City deems necessary. Educational materials may include notices to be left at resident's property as well as literature describing in detail the refuse, recycling and yard-waste collection program. There shall be no cost to the City or its residents for the printing and distribution of any consumer education materials. 51. TITLE TO WASTES 51.1 All refuse, yard-waste, and curbside recyclables collected shall belong to the Contractor as soon as the same is placed in the Contractor's vehicle. 52. DISPOSAL 52.1 All refuse and yard-waste collected shall be removed from the City by the Contractor as soon as it has been collected; but in any event, not later than noon of the date following collection, and shall not be disposed of in violation of any state, federal or county laws or regulations. 53. RATES AND SPECIAL RATES 53.1 For any services required to be performed under this Contract, the charge shall not exceed the rates as fixed by the Contract and set forth in Appendix 1 attached hereto and made a part hereof. For items not otherwise provided for by the Contract document, and requiring special handling due to size, weight, type of material or method of placement, the charges are to be negotiated between the Contractor and the resident customer for collection and disposal into a landfill or processing facility. 54. SPECIAL & EMERGENCY COLLECTIONS 54.1 The Contractor shall offer special curbside collection service for large quantities of refuse 23 United City of Yorkville including,but not limited to, construction and demolition debris, and move-in or move- out clean-up rubbish. Such services shall be an advance arrangement with the Contractor at the resident customer request. The collection cost for such services shall be based upon cubic yards and the resident customer shall make payment directly to the Contractor. The Contractor agrees to provide free dumpsters (sizes 1 yard through 30 yard as requested by the City) for refuse and recycling collection during the City's annual Hometown Days, 46 of July Parade and celebration in the park, and other special events which were provided service under the previous contract. The City and the Contractor may mutually agree to emergency pick-up services for disasters including,but not limited to, flood, wind and snow. 55. SCHEDULE AND TIME OF COLLECTIONS 55.1 The City of Yorkville shall be divided into collection areas and a regular weekday collection shall be assigned to each area. A map of the City of Yorkville, designating collection areas shall be made a part of this contract and attached hereto as Exhibit A. 55.2 The schedule shall not be changed without first obtaining consent from the City Administrator or designee, and not without giving a minimum of thirty(30) days written notice to all parties affected by the change. The City may, at its discretion, waive the minimum time limits required. This waiver must be in writing and signed by the City designee. The Contractor will be required to publish an advertisement twice per week in two separate weekly issues of the local newspapers, no earlier than 60 days prior to the change,with the last advertisement to be no later than fifteen(15) days prior to the schedule change. Failure of the Contractor to maintain said collection schedule shall be considered a breach and default of the contract and grounds for immediate termination of the contract. 55.3 In no case shall collection commence prior to 6:00 a.m. or continue past 7:00 p.m. on any day during the term of the contract. The collection schedule shall not include Saturday or Sunday as a regular collection day for any area in the City. 56. HOLIDAYS 56.1 Collection normally falling on the following holidays may be rescheduled for the first working day following the legal holiday, or on Saturday, as necessary, for that week only: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day 56.2 The Contractor agrees to inform the City and its residents of changes in normal collections due to holidays by notification through at least two local media outlets or establish a permanent holiday schedule or plan to be printed within the refuse literature. 57. SCHEDULE ADHERANCE 57.1 If, at any time during the term of this contract, the Contractor shall collect any section of the City on a day other than the scheduled day, the Contractor shall immediately notify the City that he is in violation of the contract. If a similar violation should occur more 24 United City of Yorkville than once within the three week period following the week of the original violation, the City will notify the Contractor by certified mail and withhold any further payment that may be due under the contract until the Contractor has furnished evidence satisfactory to the City that the Contractor has taken necessary actions and precautions to prevent further violations. The City may determine that this second or subsequent collection violation as a breach of contract, and therefore the City reserves the right to terminate the contract. Delays that are occasioned by holidays, or by daily(any 24-hour period)precipitation of four(4) inches or more of rain, or eight(8) inches or more of snow, may not be considered as violations. The City Administrator or the City's Designated Representative shall be the judge of whether delays constitute a violation, or not. 58. PLACE OF PICK-UP 58.1 The Contractor is responsible for the public streets, or properly wavered private street curbside pick-up of all residential locations as well as designated locations as requested by the City. 59. REPLACEMENT DAMAGE 59.1 The Contractor is responsible for damages resulting from its careless handling of any receptacle. The Contractor at no extra charge to the user shall replace all containers, which suffer damage caused by the Contractor. The containers so supplied shall remain the property of the CONTRACTOR. 60. COLLECTION VEHICLES 60.1 All vehicles used for collection purposes, except those exempted by other provisions of these specifications, shall have fully enclosed bodies with self-contained mechanisms to load and compress the material collected. These vehicles must be modern, neat, rear, front, or side-loading packer-type motor trucks,have entry for refuse into the vehicle's collecting body. All vehicles shall be kept watertight to prevent leaking, shall be kept closed except during collections along collection route. All equipment used by the Contractor shall be painted with no rust showing on the cab, chassis or body. Vehicles must be kept in clean, sanitary and quiet operating condition. Vehicles must at all times be supplied with brooms and necessary items to provide for immediate clean up of any litter or mess, which may result from leaking, spilling or blowing during collection procedures. Vehicles shall be clearly labeled with the firm's name, address, and telephone number and have a vehicle identification number printed clearly on each and every vehicle. However, if the Contractor desires to use a vehicle of larger capacity, specific written approval of the specific vehicle shall be required from the City's Designated Representative, after an actual demonstration of the vehicle on the streets of Yorkville. Overweight vehicles are the responsibility of the Contractor. Contractor is required to comply with weight requirements and safety requirements as established by Illinois Law or City Ordinances for vehicles, vehicle operators and specialty equipment. 61. EMPLOYEES 61.1 The Contractor shall undertake to perform all disposal services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to 25 United City of Yorkville provide neat, orderly and courteous personnel on its crews. The Contractor shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her(drivers and crew members)job while on duty or in the course of performing their duties under this contract. The Contractor shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Contractor's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Contractor and the City Designated Representative. 62. ACCIDENT PREVENTION 62.1 Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. 63. COMPLAINT PROCEDURE 63.1 All complaints received by the Contractor shall be given prompt and courteous attention. The City and the Contractor will agree upon a formalized complaint form to be filled out by the Contractor each and every time a customer contacts the Contractor with a complaint. It will be the Contractor's responsibility to have the complaint forms, on NCR (no carbon required)paper, printed and available for use by the Contractor prior to the commencement of this Contract. The Contractor will supply the City with sufficient NCR forms for logging of complaints by City of Yorkville staff. Any complaint received by the City shall be immediately communicated to the contractor. The Contractor is required to supply the City with copies of all complaint forms within five (5)business days of a complaint being made, indicating thereon the resolution thereof 63.2 The Contractor shall provide the City with name,phone number, and email address for an individual to serve as point person for purposes of City staff contact with the Contractor. 64. COMPLAINTS 64.1 Where any dispute arises between a resident/customer and the Contractor, as to the manner or placing of containers for collection or preparation of recyclable materials, or the nature of the Contract or the like, the Contractor agrees that in the specific instance collection will be immediately made even though in its opinion, the customer is in error; and that it will immediately report the same to the City's Designated Representative so that the City and the Contractor may resolve the dispute, if possible,before additional collection becomes necessary. The intent of this paragraph is to avoid disputes/disagreements between the customers and the Contractor's employees, and to permit disputes/disagreements to be handled by mutual discussion between the Contractor and the City. If a missed pick up is reported by the City or a customer to the Contractor, the Contractor shall collect the refuse, recyclable material or yard-waste from 26 United City of Yorkville such customer within on (1)business day of notification. All complaints other than missed pickups shall be resolved to the satisfaction of the City within two (2)business days. As noted above, the Contractor shall supply to the City an NCR copy of the complaint form for each and every complaint and on which the nature of the complaint and the disposition is clearly noted. The Contractor shall cooperate with the City in minimizing complaints from customers. Continued unreasonable complaint levels, as determined by the City, or failure of the Contractor to carry out any of its contractual obligations such as,but not limited to, rude treatment, messy pickups, damage to persons or property and early start-up may be due cause for the City to terminate this Contract after notice and an opportunity to be heard. 65. CUSTOMER VIOLATIONS OF CITY CODE 65.1 The Contractor shall have the right to notify any customer of noncompliance with the applicable Yorkville code provisions concerning the handling or disposal of solid waste as those same may apply to such customers. The Contractor shall report any continuance of any such noncompliance to the City. 66. NEW CUSTOMERS 66.1 The Contractor agrees to provide service immediately to all new customers, even if the new customer neglected to first notify or request collection services. The City agrees to make every effort possible to alert the new customer to the collection procedure for refuse, recycling and yard-waste. 67. EXCLUSIVE GRANT/INTENT 67.1 The City agrees that in consideration of the faithful performance of the obligations herein undertaken by the Contractor, the City does,by execution of this Contract pursuant to City Code, give and grant to the Contractor, for the term of this Contract only, the sole and exclusive Class A License to collect and dispose of all residential solid wastes. The Contract shall include all residences (attached single-family and detached single-family as defined herein) and municipal facilities as required within the corporate boundaries of the City of Yorkville. This grant expressly includes the right and duty to service any land annexed to the City where new residences or municipal buildings have been constructed during the term of this Contract. Service will be provided on the same terms as set forth herein. The City shall communicate any changes to the corporate boundaries or service area resulting from annexations, zoning actions, site plan approvals, construction, etc., to the Contractor. It is the intent of this Contract to obtain, throughout its term, clean, courteous, well scheduled, and well-executed collection and disposal or processing of refuse, recycling and yard-waste from properties in the City of Yorkville. While the City recognizes that any collection service involves minor customer operating problems, the intent of this Contract is to ensure that any such operating problems are minimized to the extent possible and corrected as soon as possible. 68. QUALIFICATIONS/REFERENCES 68.1 The Contractor shall provide at least five (5) references of"like"public agencies with current contacts in accordance with Appendix 4 and shall indicate if appropriate, which municipality has implemented a volume-based program. Contractor shall complete the 27 United City of Yorkville attached Appendix 6 listing its qualifications. 69. PROPOSAL SECURITY 69.1 Each proposal shall be accompanied by proposal security, which shall be in the form of a certified check or a bank cashier's check in the amount of five thousand dollars ($5,000), made payable to the City of Yorkville. Proposals submitted without the required security shall be rejected. After formal written notification by the City that a contract award decision has been made, the proposal security of the successful Contractor shall be forfeited to the City in the event that the Contractor shall withdraw its proposal, or neglect or refuse to enter into a contract and required bond, and the Contractor shall be liable for any damages the City may thereby suffer. 69.2 Proposal securities shall be released as follows: 69.3 (1) The successful Contractor's security shall be retained until the required performance bond ($500,000.00) has been furnished; (2) Proposal securities of the proposing Contractors shall be held until the successful Contractor's performance bond has been furnished, at which time the checks will be promptly returned to the unsuccessful Contractors 70. TERM OF CONTRACT 70.1 The term of the Contract will be five (5) years, and shall commence at 12:01 a.m. on May 1, 20012 and shall remain in full force and effect through termination at 11:59 p.m. on April 30, 2017. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11:59 p.m. on April 30, 2019. The Contractor may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty(120) days before the termination of the existing contract. 71. STICKER REFUND 71.1 At the end of the Contract term, should the City select a different scavenger service, the Contractor agrees to refund to all customers, retailers and the City, the full purchase price of all refuse/yard-waste stickers returned to the Contractor within one hundred twenty (120) days after the end of such term. 72. PERFORMANCE BOND 72.1 The Contractor shall provide the City with a performance bond issued by a surety in an amount of$500,000. 73. EMERGENCIES 73.1 The Contractor agrees that should any emergency arise by reason of storm, tornadoes, or other act of God which require additional hauling equipment by the City, the Contractor's equipment shall be placed at the disposal of the City upon request for such temporary use, provided that upon such use the City shall pay the operating cost of such equipment and labor as it is used. The City reserves the right to direct which disposal sites are to be used during an emergency. 28 United City of Yorkville 74 LOCAL IMPROVEMENTS 74.1 The City of Yorkville reserves the right to construct any improvement or to permit any construction in any street, which may have the effect for a time of preventing the Contractor from traveling his accustomed route or routes for collection. The Contractor shall,however,by an acceptable method, continue to collect the refuse, yard-waste and recyclables to the same extent as though no interference existed upon the streets formerly traveled. This shall be done without extra cost to the City of Yorkville. 75. TAXES, LICENSES & PERMITS 75.1 The Contractor shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or the Contractor in connection with the Contractor's facilities and the work included in this Contract, and shall obtain and pay for all licenses, permits, certificates of authority, and inspections required for the work. The Contractor shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 76. DEFAULT 76.1 If the Contractor fails to observe the established schedule for more than two (2) consecutive working days, and in the opinion of the City's Designated Representative, there has not been sufficient cause to justify such lack of observance, the City shall serve notice, either personally or by affixing such notice to the local premises of the Contractor, that this contract shall be in default if the Contractor does not take action to re-establish the schedule within twenty-four (24) hours of said notice. If at the end of the twenty-four (24) hour period, the Contractor has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Contractor. The Contractor will be liable for any costs of such steps from the date of the notice of default. If deemed necessary by the City's Designated Representative, the City shall have the right to take over all equipment and facilities of the Contractor for a period of up to one-hundred-twenty(120) days from the date of notice of default. 77. STRIKES/FORCE MAJEURE 77.1 The Contractor shall be required to file proof with the City Administrator or his designee that it has a "no strike" provision for the duration of all collective bargaining agreements with its workers. Upon execution of any new agreement, the Contractor shall forward to the City Administrator within thirty(30) days thereafter, proof that said agreement also contains a "no strike" clause. 78.2 In the event that the Contractor shall fail to collect, remove and properly dispose ofthe waste in accordance with the terms of this contract, for a period of five (5)business days or more, the CITY, may, at its option, cause such waste to be collected and disposed of by any reasonable—means available to the CITY, and the cost thereof may be charged against the Contractor and the performance bond furnished by the Contractor. The foregoing option shall not be available to the CITY if the Contractor's failure so to collect and remove waste for the period was due to unusual weather conditions, or some other "act of God," which rendered 29 United City of Yorkville such collection and removal impossible to perform. The Contractor shall not be liable for the failure to perform its duties if such failure was caused by a catastrophe, riot, war, government order or regulation, fire, accident or any similar contingency beyond the reasonable control of the Contractor. "Act of God" does not include any strike, sympathy strike, slowdown, sit- down, stoppage of work,refusal to perform overtime,mass absenteeism,refusal to cross a picket line or any other similar concerted action or intentional interruption or disruption of the operations of the Contractor by Contractor's own employees (the foregoing collectively referred to as "labor dispute"),provided, however, that in the event that the CITY exercises its option under this Article to collect and dispose of waste by other reasonable means because of the Contractor's failure to perform due to a labor dispute, the total amount charged against the Contractor by the CITY can only be an amount which is in excess of the total amount that the CITY would have otherwise paid to the Contractor for collection over the duration of the labor dispute. The CONTRACTOR shall promptly notify the CITY in writing of any event covered by this Section and the date, nature and cause thereof. Such notice shall indicate the anticipated extent of such delay and the obligations under this Agreement to be affected thereby 30 United City of Yorkville IV. PROPOSAL/CONTRACT FORM ***THIS PROPOSAL,WHEN ACCEPTED AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE CITY OF YORKVILLE, SHALL BECOME A CONTRACT BINDING UPON BOTH PARTIES. Entire Block Must Be Completed When A Submitted Bid Is To Be Considered For Award PROPOSER: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name&Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services upon which prices are quoted, at the price set opposite each item, delivered at the designated point within the time specified above. 31 United City of Yorkville VENDOR W-9 REQUEST FORM The law requires that we maintain accurate taxpayer identification numbers for all individuals and partnerships to whom we make payments,because we are required to report to the I.R.S. all payments of$600 or more annually. We also follow the I.R.S. recommendation that this information be maintained for all payees including corporations. Please complete the following substitute W-9 letter to assist us in meeting our I.R.S. reporting requirements.The information below will be used to determine whether we are required to send you a Form 1099. Please respond as soon as possible, as failure to do so will delay our payments. BUSINESS(PLEASE PRINT OR TYPE): NAME: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: TAX ID#(TIN): (If you are supplying a social security number, please give your full name) REMIT TO ADDRESS(IF DIFFERENT FROM ABOVE): NAME: ADDRESS: CITY: STATE: ZIP• TYPE OF ENTITY(CIRCLE ONE): •Individual -Sole Proprietor -Government Agency •LLP(Limited Liability Partnership) •LLC(Limited Liability Corporation) •Medical -Partnership -Charitable/Nonprofit •Incorporated -Other(Please describe) SIGNATURE: DATE: 32 United City of Yorkville PROPOSER'S CERTIFICATION (page 1 of 3) With regard to ,proposer hereby certifies (Nance of Project) (Name of Proposer) the following: 1. Proposer is not barred from bidding this contract as a result of violations of Section 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33E-4 (Bid-Rotating); 2. Proposer certifies that it has a written sexual harassment policy in place and is in full compliance with 775 ILCS §12-105(A)(4); 3. Proposer certifies that not less than the prevailing rate of wages as determined by the City of Yorkville, Kendall County County or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work for the City of Yorkville. All bonds shall include a provision as will guarantee the faithful performance of such prevailing wage clause. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subcontractors pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subcontractor shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer, workman and mechanic employed by the Proposer in connection with the contract. This record shall be sent to the City on a monthly basis along with the invoice and shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of Labor and must be preserved for four(4) years following completion of the contract. Proposer certifies that proposer and any subcontractors working on the project are aware that filing false payroll records is a class B misdemeanor and that the monetary penalties for violations are to be paid pursuant to law by the proposer, contractor and subcontractor. The City shall not be liable for any underpayments. If applicable: Since this is a contract for a fixed public works project, as defined in 820 ILCS 130/2, Contractor agrees to post at the job site in an easily accessible place, the prevailing wages for each craft or type of worker or mechanic needed to execute the contract or work to be performed. 4. Proposer certifies that it is in full compliance with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 C. F.R. Parts 40 and 382 and that all employee drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. 5. Proposer further certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue, or that Proposer is contesting its liability for the tax delinquency or the amount of a tax delinquency in accordance with the procedures established by the appropriate Revenue Act. Proposer further certifies that if it owes any tax payment(s) to the Department of Revenue, Proposer has entered into an agreement with the Department of 33 United City of Yorkville PROPOSER'S CERTIFICATION (page 2 of 3) Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of , 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: 34 United City of Yorkville PROPOSER'S CERTIFICATION (page 3 of 3) The partnership does business under the legal name of- which name is registered with the office of in the state of (c) Sole Proprietor The Supplier is a Sole Proprietor whose full name is: and if operating under a trade name, said trade name is: which name is registered with the office of in the state of 5. Are you willing to comply with the City's preceding insurance requirements within 13 days of the award of the contract? Insurer's Name Agent Street Address City, State, Zip Code Telephone Number I/We affirm that the above certifications are true and accurate and that I/we have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 35 United City of Yorkville APPENDIX 1 GENERAL PRICE QUOTATION SHEET Please provide all costs associated with once a week,same day refuse,yard waste,leaf,and recycling collection services for each year in accordance with the following schedule: Year I Year 2 Year 3 Year 4 Year 5 i 1 i Description I 4/30/14 413011-5 4/30/16 4/30/17 1. Monthly prices for refuse,yard waste,and recycling collection program as outlined in the contract for any-size ree ling tote and: 33 gallon garbage tote $ $ $ $ $ 64 gallon garbage tote $ $ $ $ $ 96 gallon garbage tote $ $ $ $ $ Z. JAlternative service package price quoted The same seiice as#1 above,with all revenues derived from the sale of recyclable products collected in the municipality paid to the City each month after tb4ey are collected by the contractor. 33 gallon garbage tote $ $ $ $ $ 64 gallon garbage tote $ $ $ $ $ 96 gallon garbage tote $ $ $ $ $ 3.Other Com orients of Price Quotati6n Special Collections $ $ $ $ $ (charge per cubic yard) 36 United City of Yorkville APPENDIX 2 REQUIRED RECYCLABLES TO BE COLLECTED The City requires that the Contractor shall collect the following recyclable material for the entire term of the contract. Additionally, the Contractor is encouraged to identify additional items they will be collecting, not on the current list. Required Recyclable Materials • brown paper bags • corrugated cardboard • boxes and cartons • chipboard/paperboard (to include brown or gray box board or paperboard, cereal boxes, shoe boxes, &paper towel cores) • magazines and catalogues • mixed paper, glossy & non-glossy (to include stationary, notebook paper, post-it notes, computer paper, typing paper, flyers, greeting cards, file folders and all envelopes, with and without windows) • newspaper(including all supplements) • telephone books • wet strength carrier stock (to include paper board used for refrigerated and frozen items) • frozen food packages • aerosol cans • aluminum cans and foil • formed aluminum containers and wraps • aseptic packaging and gable top containers • formed steel containers • glass bottles and jars (brown, green, and clear) • plastic containers (colored or cloudy white HDPE milk,juice and/or water bottles, jars and jugs) • all plastic containers #1 through#5 and plastic containers#7 • LDPE and HDPE soft plastic six (6) and twelve (12)pack rings • steel cans • steel paint cans and lids • household batteries Other Recyclable Materials Proposed by Contractor Ll LJ LJ 37 United City of Yorkville APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum standards outlined in the specifications section of this document. (Please attach additional sheets if necessary.) Section Paragraph Explanation of Alternative/Deviation 38 United City of Yorkville APPENDIX 4 SCHEDULE OF ILLINOIS MUNICIPALITIES SERVED Please list municipal references. (Please attach additional sheets if necessary) Municipality Contact Name & Service Explanation of Collection and Telephone Number Dates Disposal Program 39 United City of Yorkville APPENDIX 5 LOCATION OF DISPOSAL FACILITIES Please provide below information concerning the facilities, which are intended to be used for the disposal of refuse,yard waste, and recyclable materials collected at the curbside. (Please attach additional sheets if necessary.) REFUSE Name of Facility Facility Address Disposal Limitations RECYCLING Name of Facility Facility Address Disposal Limitations YARD WASTE Name of Facility Facility Address Disposal Limitations 40 United City of Yorkville APPENDIX 6 CONTRACTOR QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company(if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: Signature: Date: 41 United City of Yorkville EXHIBIT A SOLID WASTE COLLECTION DAY MAP See attached 42 United City of Yorkville EXHIBIT B SERVICES FOR MUNICIPAL AND PUBLIC FACILITIES Location Service Type Size Frequency Library Refuse 1-1.5 yd lx/wk 902 Game Farm Road Recycling 1-1.5 yd lx/wk City Hall and Police Refuse 1-6 yd 2x/wk Department Recycling 1-2 yd cardboard lx/wk 800 Game Farm Road Recycling(paper) 6-96 gallon toters 1x/wk Public Works Recycling 1-2 yd cardboard lx/wk 610 Tower Lane Refuse 1-20 yd open lx/wk Parks and Recreation Refuse 1-20 yd open lx/wk Satellite Office at Old Recycling 1-96 gallon toter lx/wk Post Office Recycling 1-1 yd cardboard lx/wk 201 W.Hydraulic Avenue Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Administrative Recycling 2-96 gallon toter lx/wk Buildine 301 E.Hydraulic Parks and Recreation Refuse 1-1.5 yd lx/wk Riverfront Program Recycling 2-96 gallon toter lx/wk Building 131 E.Hydraulic Beecher Center Refuse 1-4yd refuse lx/wk 908 Game Farm Road Recycle 1-2yd recycle lx/wk REC Center Refuse 1-6 yd lx/wk 202 E Countryside Pkwy Recycle 1-6 yd lx/wk All City Rentals Refuse 96 gal.toters, 33 gal. toters, 18 When Rea uired gal.toters 30 yd open dumpster The location of the facilities, the number of facilities, their bin/tote size, and pickup schedule are subject to change throughout the lift of the contract. The Contractor shall provide, at no cost to the City, the collection and disposal of all refuse, recycling, and yard waste, or more often if requested by the City. A comprehensive recycling program shall also be provided at no cost for the municipal facilities listed above (new or additional facilities may be added at any time during the Contract term). The Contractor shall be responsible for supplying all service equipment associated with totes and containers/dumpsters to said facilities as set forth in the Contract. 43 United City of Yorkville 44 v4,EO C/Tr Reviewed By: Agenda Item Number 2 El O J A� .0 Legal ❑ Admin#2 EST. 1 1836 Finance =� Engineer ❑ Tracking Number - c u, City Administrator F-1 Consultant El Ke ADM 2011-67 4k E n 11 c ory w, Agenda Item Summary Memo Title: Levy Year 2011 Special Tax Requirements & Special Tax Abatements for SSAs— Autumn Creek_ SSA No. 2005-108 Meeting and Date: City Council---December 13, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: itDAVID AAUSSIG & ASSOCIATES Public r Urban Economics 5000 Birch Street, Ste. 6000, Newport Beach, CA 92660 Phone: 949,955.1500/Fax: 949.955.1590 November 10, 2011 Mr. Rob Fredrickson United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Rob: The following are the Levy Year 2011 Special Tax Requirements and Special Tax Abatements for the United City of Yorkville Special Service Areas ("SSA") listed below: Maximum Special Tax (Per Bond Special Tax Special Tax Ordinance) Requirement Abatement SSA No. 2005-108 $1,138,364.00 $886,884.36 $251,479.64 If you should have any questions,please do not hesitate to contact me. Sincerely yours, Donna Segura V Manager KACLIENTS21 Yorkville\District Adininistration\Abateurent_2011(-108).docx Newport Beach•Riverside•San Francisco•Dallas,TX ORDINANCE NO. 2011- ORDINANCE ABATING SPECIAL SERVICE AREA TAXES FOR SPECIAL SERVICE AREA NUMBER 2005-108 (AUTUMN CREEK PROJECT) AND APPROVING THE AMENDED SPECIAL TAX ROLL BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City"), as follows: (a) The City Council of the City adopted Ordinance No. 2006-26 on March 28, 2006 (the "Bond Ordinance") which: (i) provided for the issuance of Special Service Area Number 2005-108 Special Tax Bonds, Series 2006 (Autumn Creek Project) (the "Bonds"), of the United City of Yorkville, for the purpose of paying for the costs of certain improvements benefiting the Special Service Area Number 2005-108 (the "Special Service Area"); and (ii) provided for the levy of Special Taxes upon all taxable property within the Special Service Area sufficient to pay the principal of the Bonds for each year at maturity or mandatory sinking fund redemption dates and to pay interest and Administrative Expenses of the Special Service Area for each such year. The Bond Ordinance also authorized the City to abate the taxes levied pursuant to such Ordinance to the extent the taxes levied exceeded the Special Tax Requirement (as defined in the Bond Ordinance) as calculated pursuant to the Special Service Area Number 2005-108 Special Tax Roll and Report (the "Special Tax Report") prepared by David Taussig & Associates, Inc. (the "Consultant"). (b) Pursuant to the Special Tax Report, the Consultant of the City has determined that the Special Tax Requirement for 2011 for the Bonds is $886,884.36 and the 2011 Levy for Special Taxes is $886,884.36. Section 2. Of the $1,138,364.00 of Special Taxes levied for calendar year 2011 pursuant to Section 6 of the Bond Ordinance $251,479.64 of such Special Tax is hereby abated resulting in a 2011 calendar year levy of$886,884.36. Section 3. It is the duty of the County Clerk of Kendall County to abate those taxes as provided in Section 2 of this Ordinance. Section 4. The City Council of the City hereby approves the United City of Yorkville Special Service Area Number 2005-108 Administration Report Levy Year 2011 dated November 10, 2011 prepared by David Taussig & Associates, Inc. and the 2011 Amended Special Tax Roll attached to such report with such changes therein as are deemed necessary by the Mayor and the City's consultant to reflect any changes in final parcel identification numbers. Section 5. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be in full force and effect after passage and publication as provided by law. 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. City Clerk ROSE ANN SPEARS DIANE TEELING GEORGE GILSON JR. JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS CHRIS FUNKHOUSER LARRY KOT SIGNED by the Mayor this day of , 2011. Mayor ATTEST: City Clerk Published in pamphlet form ) 2011. 3 C/Ty Reviewed By: Agenda Item Number O J & Legal El Park Board#1 EST. 1836 Finance ❑ Engineer ❑ Tracking Number v1 City Administrator ❑ C.O9ti 1'a�a' �o Consultant ❑ CC 2011-134 SCE El Agenda Item Summary Memo Title: Vendor in the Park Policy Meeting and Date: City Council, December 13, 2011 Synopsis: Park Board approved the new Vendor in the Park Policy at their 12/8/11 meeting. Council Action Previously Taken: Date of Action: 7/20/98 Action Taken: Approved Item Number: Type of Vote Required: Majority Council Action Requested: Approve new Vendor in the Park Policy. Submitted by: Laura Schraw Interim Director of Parks &Recreation Name Department Agenda Item Notes: The original Vendor in the Park Policy was created in 1998 and is attached for reference. RESOLUTION NO. 2011- RESOLUTION APPROVING A REVISED VENDORS IN THE PARK POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed the importance of updating the United City of Yorkville Park and Recreation Department Vendors in the Park Policy, and WHEREAS, the text of the United City of Yorkville Park and Recreation Department Vendors in the Park Policy the City Council now desires to adopt is set forth on the attached Exhibit"A" which is incorporated herein, and WHEREAS, it has been determined to be in the best interests of the United City of Yorkville to repeal the previous Vendors in the Park Policy and adopt a revised policy titled Vendors in the Park Policy in the form attached hereto in Exhibit"A". NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Vendors in the Park Policy in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted as the Vendors in the Park Policy and the previous Vendors in the Park Policy heretofor adopted by the City Council is hereby repealed in its entirety. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING LARRY KOT JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. MAYOR UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT VENDORS IN THE PARK POLICY Park Board approved City Council approved TABLE OF CONTENTS Page Definitions 2 Request for Park Vending Permit 2 Reservation Fees 3 General Park Vendor Policy Use of Park 3 Bicentennial Riverfront Park Use 4 Available Parks 4 Vendor Rules 4 Additional Information 5 Application 6 1 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT VENDORS IN THE PARK POLICY The Vendors in the Park Policy has been established to describe the policies and procedures for identifying food, non-alcoholic beverage and other product vendor criteria and location per individual park, parkway or parking lot, and to maintain the quality and aesthetic appearance of the park,through safe and monitored park vending, governed by the Yorkville City Council as approved by the Park Board, within the guidelines of this policy and depending on the product either a "Certificate of Registration as a Mobile Food Vendor" or a "Certificate of Registration as an Itinerant Merchant." DEFINITIONS 1. Vending—an individual/operation/business selling food, non-alcoholic beverages or products in a City community park using a vending cart (non-motorized) 2. Park—a community park over 5 acres 3. Governmental or non-profit business-groups, organizations, or businesses that are not-for-profit 4. Business—an organization, group, individual or business 5. Vendor—Governmental or non-profit business or business approved to vend in City Parks RENTAL CATEGORIES Category A Government or non-profit business Category B Business REQUEST FOR PARK VENDING PERMIT 1. Businesses desiring to vend in the park shall complete the standard application for vendor reservation. Some parks and activities may be excluded from park reservations as determined by recommendations from the Park Board or Staff. 2. Reservation requests shall be approved beginning January 1St of each calendar year for vendors that have vended in City parks the previous year. Reservation requests shall be approved beginning January 15th for vendor that have not previously vended in City Parks. 3. Any business that wishes to vend in a park shall have an approved reservation permit prior to publicly advertising the use of the park. This includes one park or multiple park requests. 4. The permit license will be valid from January 1 to December 31. 5. At the time of application the type of food/beverage/product being sold must be indicated in detail on the reservation form. 6. The business will be required to submit the following with the application form: a. The business must apply for a Health Department Permit and provide a copy to the City. b. A certificate of insurance—co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation. c. A signed permit request form with the name and address of the person making the request. In addition, complete information regarding the use of the park or park amenities and acknowledgement/agreement to adhere to the park use policy.The Park Board or Staff may 2 request additional information from the business if it is considered to be in the best interest of the City or necessary to make a decision regarding the use. RESERVATION FEES 1. The United City of Yorkville may waive fees to schools, private groups or organizations in exchange of services or agreed upon arrangements. Waiver of fees must be approved by the Park Board. 2. Payment of Fees a. Reservation fees must be paid at the Yorkville Park and Recreation Department Offices and are due prior to receiving a vendor permit. b. Certificate of Registration as a Mobile Food Vendor or a Certificate of Registration as an Itinerant Merchant must be paid at City Hall. 3. No refund of fees will be granted without approval of the Park Board. 4. All fees are subject to change without notice. 5. No water or electrical access will be provided. 6. Payment of this fee does not provide the vendor with permission to vend at all City special events. An additional fee and permit may be required for an event. 7. If a park or park amenity is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the business shall be charged the amount necessary to cover the cost of the required maintenance and/or repair. 8. Fees are as follows: Category Year permit—1 park Year permit—all parks 1 day permit—1 park A $500 $800 $25 B $700 $1,000 $35 9. Businesses vending at Bicentennial Riverfront Park shall pay 5%of the annual sum of the total adjusted gross receipts. Said payment shall be made prior to February 1 of the year following the vending permit expiration. GENERAL VENDOR POLICY USE OF PARK 1. All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. 2. Portable tents will not be allowed. 3. No equipment or permanent signage will be added or installed to the park. One sandwich board sign or banner attached to their cart per vendor is allowed. 4. No parking vehicles on sidewalks or grass areas in or surrounding the parks. 5. No grilling or open flames in the parks. 6. Businesses will be restricted from vending in the Park on certain, City-approved dates for events run by the City and/or other agencies. 7. No motorized vehicles shall be used for vending. 8. No motorized vehicles are allowed in the parks. 3 BICENTENNIAL RIVERFRONT PARK USE 1. All use of the whitewater course and dam bypass is governed by the signage on the property and in the water, and by boating and water regulations put forth by the State of Illinois. 2. Businesses will be restricted from selling in the Park on certain, City-approved dates for events run by the City and/or other agencies. 3. Vendors are not allowed to vend on the Concrete pathway adjacent to the Marge Cline Whitewater Chute. 4. No duplicate items will be allowed to be sold as the businesses at 131 E. Hydraulic or 301 E. Hydraulic. 5. Businesses vending at Bicentennial Riverfront Park shall pay 5%of the annual sum of the total adjusted gross receipts. See Reservation Fees#9. AVAILABLE PARKS 1. The permit allows the vendor to sell in any of the following parks: a. Autumn Creek Park A—5.9 acres b. Beecher Park—(playground area only) c. Fox Hill (West)—6 acres d. Rotary Park-12 acres e. Riemenschneider Park-7.1 acres f. Steven G. Bridge Park—59 acres 2. Vendor cannot sell in parks where a Yorkville Parks and Recreation Department Concession Stand exists during hours of operation.* Bridge:April—July, Mon.—Thurs.: 5pm—10pm. Fri., Sat. &Sun. 8am—10pm August- Nov. Mon.—Thurs.: 5pm—10pm Beecher:April—July, Mon.—Fri. 4pm -9pm, Sat. 8am—6pm *Hours subject to change. VENDOR RULES 1. One cart per business in one park at a time (cannot vend in 2 parks at the same time.) 2. Vendor must dispose of all trash and recyclables in the proper containers. Damage or excessive litter may result in a loss of park use and fees for clean up. 3. The Vendor is not allowed to sell in any shelter, gazebo, etc. in the Park. 4. The Vendor must have an authorized representative 21 years or older, sign a waiver and release form, which includes a hold-harmless clause and an agreement to be responsible for cleanup and possible damages.The representative also must remain on-site during the rental use. 5. The Vendor must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields (weather warning alarm system, and any other city guidelines that pertain to the use of City owned property.) 6. Vendors who sell items that have not been approved, who solicit customers outside of their approved vendor area, or who violate other City policies will be subject to warnings, temporary suspension, and/or complete revocation of their Park vendor license, at the complete discretion of the Director of Parks and Recreation.The Park Board will be notified of any violations. 7. The Vendor must adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and future uses of all City Parks, fields and/or facilities. 4 8. The Vendor assumes all responsibility for the repair or replacement of damage as a result of misuse of the park, equipment or park amenities. ADDITIONAL INFORMATION 1. The City will limit the number of same-product vendors in the park as determined by Staff or the Park Board. 2. Existing vendors will have first choice on park they vended in the previous year. 3. Some parks and activities/events may be excluded from park reservations as determined by recommendations from the Park Board or staff. 4. If the vending permit is denied, the business has the right to appeal to the Park Board. 5 STANDARD APPLICATION FOR VENDOR IN THE PARK UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Reservation requests shall be approved beginning January 1st of each calendar year for vendors that have previously vended in City Parks. Reservation requests shall be approved beginning January 15th for vendors that have not previously vended in City Parks. Please indicate type of Group requesting use by checking the appropriate category: Category A Government or non-profit business Category B Business Applicant Name: Business Name: Contact Person: Address: Home Phone: Work Phone: Email: Permit is for(circle one): One park All parks If"One Park'is circled, please write park requested: List of all items to be sold by applicant: If the Park Board does not approve the mobile vending application for this park,would you like to be contacted about a different park?(Circle one) Yes No I have read and agree to follow and abide to the rules and regulations set forth by the United City of Yorkville,including the Park Rental and Use Policy and the Vendor in the Park Policy. Signed Date: In order complete the request,the following documents must be forwarded to the Recreation Department: 1) Application fee as listed in the agreement 2) Proof of City of Yorkville Certificate of Registration for Mobile Food Vending or Itinerant Merchant 3) Proof of Health Department Permit 4) Proof of Liability Insurance in the amount of at least$100,000 for general liability purposes,and which names the United City of Yorkville as additional insured under said policy,and indemnifies and holds the United City of Yorkville harmless against claims arising from vendor actions,and waiver of subrogation OFFICE USE ONLY Date submitted Reservation Amount Application approved or denied Date of approval/denial List of items approved to be sold by applicant List of items denied Addition information requested Location Assigned Term of vendor license Refund Requested 6 Pt 41 7-2"S final Cl'TY OF YORKVII E PARKS AMID RECREATION DEPARTbOW MrA9'MPARKPLAW VENDERS IN THE PARK POLICY SOME Tv deseo'bet�a�miird�sod I vandOraitadaaad kcal a per odu mains=the arts Parka andRoM a&md the Xarfrvdle l'��as t�+the�reato�afHerne�oe„andPAtt<Boaeot, wl6=ftwd&ffinwdf this pdxy and`Vemftgyhxms.AgiweseW. 1. 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L D=krvM sma and tlwoqW=dwdasdAw rt the paddim ofim-VmNdins use 2 ' vMbt: alwgv*bpicbmtfmmrl­ qpxfcfbwmwAmftd asra� 3_ DkacWwdi,wrmo%*hudmac+W k-a9imwbj!cryWomm, amd P&A Sawd 4. by dq tty dwk 5. D}oaar wM pmW&Pah4 d1yoftimitcme.and dW Vormy vd&ccom rf ag hdbtmwdm rby, a7Qtdl�st�siz�:�s# ~ {f Cikwy _® D C aft pa5rydf "�.I7 T�-df .7.13Sm CO. Reviewed By: Agenda Item Number J� 0 Legal ❑ Park Board#2 EST. � 1836 Finance ❑ Engineer ❑ g Tracking Number O� III City Administrator ❑ may® Consultant ❑ � CC 2011-135 �W ®` ❑ <L E fir' Agenda Item Summary Memo Title: Park Rental and Use Policy Meeting and Date: City Council, December 13, 2011 Synopsis: The Rental and Use Policy included language for Riverfront Park Vending. The 1998 Vending policy has now been revised to include that language. Council Action Previously Taken: Date of Action: 7/26/11 Action Taken: Approved Item Number: CC 2011-87 Type of Vote Required: Majority Council Action Requested: Approve revised Park Rental and Use Policy, Submitted by: Laura Schraw Interim Director of Parks &Recreation Name Department Agenda Item Notes: The Park Rental and Use Policy has not been changed other than removing the Riverfront vending language. The Vending policy has been updated to reflect a policy for any park approved for mobile vending. Approved by Park Board on 12/8/11. UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK RENTAL AND USE POLICY Park Board approved City Council approved TABLE OF CONTENTS Page Reservation 2 Rental categories 2 Use priorities 2 Request for parks and park amenities reservation 3 Who must complete a park reservation? 3 Permissible uses for reservations 3 Large-groups 4 Reservation Fees 5 Park sites and amenities available 8 General policies and procedures for use 8479 Attachment:Reservation Fees 11 Application for Park and Park Amenity Reservation 13-5 App1isat:ien fer PaFk Vender I ieense }g 1 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK RENTAL AND USE POLICY The Park Rental and Use Policy of the United City of Yorkville has been established to provide a systematic method by which Parks and park amenities(Shelters,Gazebos and other amenities)may be reserved by the residents of the community.A reservation is not required for park use for occasional play.Multiple activities or special use(which includes use by a resident or groups,multiple days,or week play for a designated area)a permit is required and will guarantee use for the dates and times specified on the permit.All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times.Occasionally parks may be excluded from the reservation availability. Objective • To provide maximum utilization of parks through centralized scheduling • To provide an impartial distribution of park amenities,shelters or gazebo to the various community groups who wish to reserve. • To plan cooperatively with other community agencies to enhance individual and group recreational needs. • To provide recreational activities which take into consideration the needs of the community. • To provide the best possible maintenance of the parks using available manpower and monetary resources. RENTAL CATEGORIES Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately(at least 80%)United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries Use Priorities When scheduling use or reservation of a park,or park amenities,the following priorities shall be established: 1. United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Groups,organization or other community bodies that have approved cooperative agreements with the United City of Yorkville. 4. Privately sponsored programs within the city limits. 5. Private groups or individuals outside the city limits,requesting use of a park on a single or multiple dates. 2 6. Other - Residents groups(groups with 80%or more United City of Yorkville residents)shall be given priority over non-resident groups.The 80%residency requirement shall be calculated based on the total number of people who will be in attendance. Parks and Park amenities may be used on a drop-in basis by any group or individual without a reservation on a first come first serve basis.Drop-in use is limited to 2 hours and does not include any organized or reserved use.Groups or individuals with an approved reservation or permit and City programs will have priority use. In case of inclement weather,the United City of Yorkville Park and Recreation Department shall make the final decision regarding use of the park or park amenities. Request for Parks and Park Amenities Reservation Organizations,Groups and individuals desiring to reserve Parks,Park amenities including shelters,gazebos, etc.,shall complete the standard application for reservation.Some parks and activities may be excluded from park reservations as determined by recommendations from the Park Board or staff.In addition, organizations,groups,and individuals shall be required to submit the following with the application form: • (For Groups and Organizations)A certificate of insurance—co-naming the United City of Yorkville as an additional insured,Assumption of liability,and Waiver of subrogation • A signed permit request form with the name and address of the person making the request.In addition,complete information regarding the use of the park or park amenities and acknowledgement /agreement to adhere to the park use policy. • The Recreation Department may request additional information from the desired individual or groups if it is considered to be in the best interest of the City or necessary to make a decision regarding the use. Reservation requests shall be approved beginning on the following dates: Spring Season(March—May) February 15 Summer Season(June—August) April 15 Fall Season(September—November) July 15 WHO MUST COMPLETE A PARK RESERVATION? Any organization or individual who: • Wants to reserve a certain area for a specific date and time • Require special arrangements • Are planning a special-use activity,such as pitching tents or erecting non-routine apparatuses PERMISSIBLE USES FOR RESERVATIONS Any resident,organization or group wishing to reserve a park,or park amenity for use shall have an approved reservation permit prior to publicly advertising the use of the park or location.This includes single use or multiple use requests.Each multiple use request may not exceed more than 3 days.Some activities may be determined to be not appropriate for specific parks due to location,use,or overall function of the park. 3 Requesting party must include all activities or uses of the park when making the request. Priorities will be given to the following uses,in order from most priority to least priority: A. Block parties B. Community or organization events(i.e.non fundraising events,and non profit-making) C. Private events(family reunions,weddings,private parties) D. Community or organization events(fundraising events) At the time of application,all special requests must be indicated in detail on the reservation form.These include,but are not limited to,bringing in tables and chairs,inflatable amusement equipment,selling concessions(including items to be sold and their prices),selling of miscellaneous items for fund raising or profit,extended park hours use,use of a public address system,admission charges,additional maintenance, use of snow fence,and water or electrical access. No equipment or permanent signage will be added or installed to the park without the permission of the Park Board,City Council,or designated staff. No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed in any City Parks or premises,except that upon approval of the Mayor,Festival/Entertainment events may apply for a City liquor permit to serve beer and/or wine at certain park locations. No persons under the influence of alcohol or drugs shall be allowed in any City park or premises. Groups using the United City of Yorkville parks,fields,buildings or facilities are responsible for litter control and pick up.Please dispose of all trash and recyclables in the proper containers.Damage or excessive litter may result in a loss of privileges and fees for clean up. Selling of any items in the parks must be approved through the vendor permitting process. Adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES.Any violation of these policies can impact the current and future uses of all City Parks, fields and/or facilities.Furthermore,the resident,group or organization assumes all responsibility for the repair or replacement of damage as a result of misuse of the park,equipment or park amenities. LARGE-GROUP POLICY Groups with more than 100 members make a serious impact on the parks.As a part of confirming the reservation for use the Police will be consulted regarding potential impacts to the Parks and City public safety. Community parks/areas available for large private groups include Beecher,Bridge and Riverfront Parks. Unless otherwise approved by the Park and Recreation Department,parking must remain within designated areas. Fees will be set based on direct costs incurred and post event repairs and clean-up and number of participants by the Park and Recreation Department.Fees will be estimated in advance by the appropriate staff.Large group events may be subject to additional fees for public safety/police and/or traffic control and the rental of portable toilets. 4 PARK,GAZEBO,SHELTER RESERVATION FEES A. Establishment The Board shall annually(based on fiscal year)recommend fees for the reserved use of Park,Gazebo, Shelter based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities.Fees shall be established in the following categories: 1. Gazebo single use 2. Large and small shelter single use 3. Park single use(non athletic fields) 4. Gazebo multiple use 5. Shelter multiple uses 6. Park multiple use(non athletic fields) 7. Resident,non-resident and commercial use fees 8. Special use(including fundraising,educational and religious) 9. Festival/Entertainment use B. Resident vs Non-Resident Users To qualify for resident fees a group shall consist of 800 or more residents of the United City of Yorkville, City boundaries.The 809 residency requirement shall be calculated based on the total number of individuals using the park.Residency shall be determined based on the home address of the individuals as opposed to the business address or the address of other family members.The Recreation Department may waive the residency requirement if it is considered in the best interest of the City. C. Commercial Users Any group reserving park or park amenity for profit making purposes shall be charged the commercial fee. D. Waiver of Fees The United City of Yorkville may waive fees to schools,private groups or organization in exchange of services or agreed upon arrangements.Waiver of fees must be approved by the Park Board. E. Payment of Fees Groups reserving a park or park amenity shall provide a$100.00 security deposit to guarantee the reservation for gatherings with an expected attendance of 100 persons or less;a$500 security deposit for gatherings with an expected attendance between 100 and 500 persons;a$1,000 security deposit for gatherings with an expected attendance over 500 persons.Groups or individuals reserving parks or park amenities on a single or multiple use bases shall be required to pay the established fee at least one week prior to the date reserved.A permit shall be issued upon payment of the fee. Payment of fees shall be made at the Yorkville Park and Recreation Department Offices. If a park or park amenity is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition,the group or individual shall be charged the amount necessary to cover the cost of the required maintenance and/or repair. F. Refund of Fees 5 A refund of a park or park amenity reservation fee may be granted for the following reasons: 1) If the United City of Yorkville Park and Recreation Department staff feels that the park is in an unusable condition. 2) If the group or individual provides written notification of cancellation to the Department at least one week prior to the date reserved. RESERVATION FEES Attached fee schedule.The fee schedule will be reviewed and adjusted annually based fiscal expenses.Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks.All fees are subjected to changing without notice. DIPLNITLNINIIAI DI\/CDLDANIT DA DU IIfL re-diFse and dam bypass- All use efthe;Nhi-seN.A.Fatim reur-se and dam bypass is geveMed by the Illinois Multiple aetivities eFspeeial uses,ineludiRg by a Fesident GFgF961P6 OR Rquitipie days eFweel(ly play ,.Mlin Path..aYS I..UAP61...ithin the paF!(shall. n to the publie at all times DiCente....ial Di.•e.F.ent D...I.Amenlien Five/51 affes e f even play spase This iReludes spaee uth of the. alkiFig path o the Five-.-hank. Thee/71 affes 9..yeoded area TyCCTTeyReyT1'r MAdi.Rm n ed nhelto. Diye.F.e..t Da.L Building at 131 E Hyd.n..lin ft.eet(eentaet Di..e.Gity Deaste.-s at 639 597.. ..F... R ese.Fvatie Rs) Ind------forpRre ream that n aegammedate 19'Inn nle the Park Do+.d !`it..GauReil OF designated staff. Diye.F.ont D...I,e.the immediate n that upon a ...1 of the May9. f_on for n ,.I.......r 6 the r.r.e of 4wkwille 6) cv I- � ;gc'5''ev0i5 FnnfirMine:the r e-.tie.,fer wise the Del:ee.dll he ,Iced r .d: 4 4' I' + to the P;lF s and City public safety.Fees will her t based d r �d and post crt OR fPFI"1 L� and ele ed R mhe Of r ertiG s h.e the Pak aAd Deem «' n « Fees vii l he estimated: ed,e•.eee h.,!the aYYYeYri staff,haFge events may be subject to gFOup idditiwml fari fe-publie s..Fet.eipeY,ee ed i,. ...ffie e...rr.J and the F «-.I Of b' + •1 « 7) e•.rL hers—d....ee URN 19em Qi„erfreet e•.rL.seeder Iisewes rsheet I:eeese dependiRg on ll the items to he se ! ...4...r eF ee,.h. 71 I ie ed ;Frer the nl e.,em her isk date,.,ill he eFFesr:,ee Fer ed Frem nee h 1[0+ eF the Felle,.,iee.ee..r thse„e.h nle.eemher 1[� Q) I eeeses will..Ile,.e.seeders M sell...ithi..the D..rL :e the ee..re,eed are.. dUFORg Pak h GRIY. City,,ed der ether 6) VeRdar^Will he ed t Y'I..5 eF all br II d L d d Id h Pak..ed submit these s by the 15th day of the m ..th Felle..,ieg the m e4h...here the soles OGGUFFeEl(e el.e eie ed t "r a Fe !L a. 1.9.Sales eceuFFiRg e Gr+eher a14..,iu h-..ee raAGPIWAAR Fees d„e to the rite by Ale,eemher 15 4k 7) Vends ,s4 enly sell items that have he appFeved..eith:e the d applieat*94,r. : 9) VeRdOFS Will Ret be peFFAitted te sell aRy items that eempete with existiFig businesses that havp e fll_Vedess must limit their.. ..a 4 4he.ir e .. e.d. ..d...n 10)vendOFS whe sell items that have n9t beeR appFeved,whe selicit ewsteffieFS eUtside Of theiF appFeVed LPndSF"Ire•. .she fail to m..Le.. red e e Fee a ear who.del..te ether r'+ pqlmeies 'll .der lie-e..se at the a elete d's re+lee eF the n:re..ter ei o-.rLs-.ed RPr-F@;ItiAR 7 i PARK SITES AND AMENITIES AVAILABLE FOR RESERVATIONS Some parks are restricted from exclusive reservations due to the size,availability to the surrounding residents and restricted appropriate use.The park use availability will be reviewed and adjusted annually based on available parks or designs.Individual parks or amenities available for reservation are subjected to changing without notice based on Park Board and City Council direction. Town Square—2.55 Acres Gazebo/Shelter Available for Small picnic areas No grilling or open flames in the parks. Drinking fountain Portable tents with stakes or semi-permit shelters are not permitted Beecher Park—22.6 acres Open grass for multi-play area Multi-age level Playground&swings Drinking fountain Picnic table No grilling or open flames in the parks Ball field and soccer fields(please refer to the athletic field reservation policy) Beecher Building(please refer to the Beecher building rental policy) Concession building with restrooms Kiwanis Park-2 acres 1 small shelter Grass open area Playground&Swings %court basketball No grilling or open flames in the parks Portable tents with stakes or semi-permit shelters are not permitted Rice Park-1 acre 1 small shelter 16x16 Picnic table No grilling or open flames in the parks Playground&swings Funnel ball Fox Hill(East)—2 acres Basketball court(full court) Picnic table No grilling or open flames in the parks Playground&swings 8 Fox Hill(West)—6 acres Open grass area Baseball Field(please refer to the athletic field reservation policy) No grilling or open flames in the parks Hiding Spot Park—1.6 acres Picnic area/tables Bocce court No grilling or open flames in the parks Van Emmon Park—1.8 acres Baseball Field(please refer to the athletic field reservation policy) No grilling or open flames in the parks Grass open area Portable tents with stakes or semi-permit shelters are not permitted Sunflower Park—2 acres Y.court basketball 1 small shelter Playground&swings Picnic area/tables No grilling or open flames in the parks Cannonball Ridge Park-3.2 acres '/:court basketball 1 small shelter Skateboard element Picnic area/tables No grilling or open flames in the parks Rotary Park—12 acres Baseball/Softball Field(please refer to the athletic field reservation policy) 1 small shelter Skateboard element Playground&swings Open grass for multi-play area Picnic area/tables No grilling or open flames in the parks Steven G Bridge Park—56 acres 3 Baseball/Softball Fields(please refer to the athletic field reservation policy)(lighted) Playground&swings Concession building with restrooms Picnic area/tables Open grass for multi-play area No grilling or open flames in the parks 9 Stepping Stones Park—6.9 acres Playground&swings 1 small shelter Open grass for multi-play area Riemenschneider Park-7.1 acres Playground&swings 1 small shelter Water playground feature Recreational baseball field Picnic area/tables Autumn Creek Park A-5.9 acres Playground&swings 1 small shelter Open grass for multi-play area Skateboard element Small sledding hill GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS,OPEN SPACE AND FACILITIES: 1. No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department. 2. No ball hitting or pitching into fences or dugouts is allowed. 3. Each party will report any damage,accidents and or maintenance concerns to the park and recreation department immediately. 4. Coordination of work involving the park department staff or use of the equipment will generally require a two-week notice,for scheduling purposes.All requests for park staff must be approved by the Department Head 5. Only approved maintenance vehicles are allowed on grass.Vehicles are not allowed in other areas of the parks,trails,or walkways or grass areas. 6. All requests for use of fields,or park(s)for organized play or private events must be in writings. 7. Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use.This form must be turned into the Park and Recreation Department at the end of the schedule use identifying the group's maintenance obligation. 8. Due to the scheduling or early setups for the other functions,all groups and organizations are requested to use only the area,Feld,or park that has been assigned to them. 10 9. No group may meet in the United City of Yorkville parks that practices discrimination in any manner,or partisan political activities of any kind.Non-partisan public meetings and information forums are permitted. 10.No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises,except that upon approval of the Mayor,Festival/Entertainment events may apply for a City liquor permit to serve beer and/or wine at certain park locations.Failure to follow this rule will result in forfeit of deposit,assessed damage fees and privileges immediately.Recreation and Park Department staff as well as the Yorkville Police Department may be patrolling and monitoring the event at the discretion of the United City of Yorkville staff. 11.Groups using the United City of Yorkville parks,fields,buildings or facilities are responsible for litter control and pick up. The park should be left in equal or better condition that it was found.Please dispose of all trash and recyclables in the proper containers.Damage or excessive litter may result in a loss of privileges and fees for clean up. 12.Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable.All groups must adhere to the inclement weather practice for field conditions;(no standing water,saturated turf conditions,or times when safety is a concern). 13.Groups must adhere to all city ordinances,policies and procedures when using the facilities,parks and fields.(Sign ordinance,Building rental policies,Lightning Prediction Policy,and weather warning alarm system,and any other city guidelines that pertain to the use of City Owned property). 14.No parking on sidewalks or grass areas in or surrounding the parks. 15.No grilling or open flames in the parks. 16.All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. 17.All animals must adhere to the leash control ordinance.Petting zoos for one day special events are permitted in specific parks as determined by the Park and Recreation staff,Park Board or City Council. Health codes,permits and licenses are required. 18.Ice skating,ice fishing,sledding,or other winter activities are limited to parks or locations where permissible and indicated by signage. 19.Portable tents with or without stakes or semi-permit shelters or structures are permitted in approved park locations only. 20.Some parks are restricted from tents uses due to the size,availability to the surrounding residents and restricted appropriate use. 11 21.Groups desiring additional tables and chairs beyond what is already available must arrange for their own tables and chairs. 22.All groups reserving a park,shelter,gazebo or amenity must have an authorized representative 21 years or older,sign a waiver and release form,which includes a hold-harmless clause and an agreement to be responsible for cleanup and possible damages.The representative also must remain on-site during the rental use. 23.No vendors are allowed on City owned land or locations except when they are sponsored by an event that has been issued a permit by the United City of Yorkville Park and Recreation Department, 24.Activities including sound amplification should not unreasonably interfere in any way with other park users or adjacent property owners.Amplification and special lighting are allowed only if a permit is issued at the time of the reservation request. 25.When portable bathrooms are needed,the user must make arrangements to obtain and remove them from the park no later than 3:00 pm the day after the event. 26.Unauthorized use of pyrotechnics and fireworks are not allowed on park property. 27.Some parks and activities may be excluded from park reservations as determined by recommendations for the Park Board or staff. 12 ATTACHMENT PARKS RENTAL AND USE POLICY RESERVATION FEES The fee schedule will be reviewed and adjusted annually based fiscal expenses.Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities.All fees are subjected to changing without notice. Category Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately(at least 80%)United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Catea A Cateqory B Small Large Gazebo Park Small Shelter Large Gazebo Park Shelter group group shelter shelter 0.2 10.00 50.00 35.00 20.00 10.00 50.00 35.00 20.00 hours 2-4 15.00 65.00 40.00 25.00 15.00 65.00 40.00 25.00 hours 4.6 20.00 80.00 55.00 30.00 20.00 80.00 55.00 30.00 hours 1 6 8 25.00 100.00 75.00 40.00 1 25.00 100.00 75.00 40.00 hours Cateq o ry C Cateaory D Small Large Gazebo Park Small Shelter Large Gazebo Park Shelter group group shelter shelter 0-2 15.00 65.00 40.00 25.00 20.00 80.00 45.00 30.00 hours 2-4 20.00 80.00 45.00 30.00 25.00 95.00 50.00 35.00 hours 4-6 30.00 100.00 65.00 40.00 35.00 125.00 65.00 45.00 hours 6-8 45.00 125.00 90.00 55.00 50.00 150.00 80.00 65.00 hours 13 catecctoo V E Cateclory F Srral! Large group Gazebo Park Srralf Large group Gazebo Park She!ter shelter Sheer shelter 0-2 hours 20.00 80.00 45.00 30.00 30.00 90.00 55.00 45.00 2-4 hours 25.00 95.00 50.00 35.00 3100 125.00 60.00 50.00 4-6 hours 35.00 125.00 65.00 45.00 45.00 150.00 80.00 55.00 6-8 hours $0.00 150 00 80.00 65.00 65.00 175.00 95.00 80.00 Key Deposit:$25.00 residents$35.00 non-residents SPECIAL USE Water or electrical access when available$20.00 additional.Must supply your own extension cords. Please reference the concession stand/vendor operation policy for special use request. FESTIVAL/ENTERTAINMENT EVENTS Festival/Entertainment events that have the potential of drawing more than 500 people shall be subject to a $1,300.00 park rental fee to offset costs resulting from the impact of a large public attendance in a park. Festival/Entertainment events that have the potential of drawing more than 500 people to large community parks such as Beecher in which a liquor permit is issued for beer and/or wine will be required to pay a flat rate or percentage of gross profits to the City which will be determined prior to City approval of the event. Festival/Entertainment events are subject to security requirements and the cost thereof as determined by City of Yorkville Police Department guidelines.Organizers must contact the Yorkville Police Department separately to make arrangements. 14 STANDARD APPLICATION FOR PARK AND PARK AMENITY RESERVATION UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Reservation requests shall be approved beginning on the following dates: Spring Season(March—May) February 15 Summer Season(June—August) April 15 Fall Season(September—November) July 15 Please indicate type of Group requesting use by circling the appropriate category: Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately(at least 80%)United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification(Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Group or Individual Name: Contact Person: Address: Home Phone: Work Phone: Email: LOCATION REQUESTED: DATE(s)/TIME(s)REQUESTED: PURPOSE Special Use requests(concessions,water,electrical,other). Expected attendance or visitors to your event. (Please note:Public Safety may require additional Police present pending the type of event and attendance.This may result in an additional fee assessed to the group for this service). Will you be selling any products,food,or miscellaneous items?Yes(please explain): No Security deposits will be forfeited if the park,shelter or gazebo is not restored to the original state,all litter removed,OR if damage occurs as a result of misuse or abuse to the United City of Yorkville Park and Recreation equipment or property.Please dispose of all trash and recyclables in the proper containers. Inspections will be completed following your event by a United City of Yorkville Park and Recreation Department Staff.Individuals may be assessed additional charges for extending times past the scheduled reservation.I have read and agree to follow and abide to the rules and regulations set forth by the United City of Yorkville. Signed Date: In order complete the request,the following documents must be forwarded to the Recreation Department: (Groups or Organizations)-A certificate of insurance co-naming the United City of Yorkville as an additional insured,Assumption of liability,and Waiver of subrogation. OFFICIAL USE Addition information requested Reservation Amount Deposit amount($100) Date of Request Date Received Staff initials Approved/Denied Refund Requested Location Assigned Concession Stand,Merchant License Applications Needed:Yes/No Health Department Permit Needed:Yes/No 15 iT��lll�Dll Formatted:Centered,Line spacing: single, ~ Applieam name: Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and ApplieantAddress: City: numbers,-- - AppNeam phene NWFAber: Eaaa;'• Business Name: A.';iness Address' List eaf a.,items to be said by applicant: Formatted:Centered,Line spacing: single, a) $29 - --fee No bullets or numbering,Don't adjust space IiPPRsP between Latin and Asian text,Don't adjust 4) PFeef ef liabilitY the amount ef at least$190,900 f9F geneFal liability PUFpeses,and;.A.Fhieh Rames the I-IM space between Asian text and numbers - Formatted:Centered,Line spacing: single, Form adjust space between Latin and Asian Rental 2Rd U--P-li-l-S-Rd the RiVAFUGM PaFk Use Poky, text,Don't adjust space between Asian text and I numbers_ Name{p.:-`): Slgnature: Bate: ' Formatted:Centered,Space After: 0 pt,Line G)PRGE USE QN1.4 spacing: single,Don't adjust space between Date sabre Med: �\I-Latin and Asian text,Don't adjust space between Asian text and numbers App;ieati9R app awed oraenied? Data of appreval�denial: Formatted:Space After: 0 pt,Line spacing: List e`, appreyed te be said by app-meant: single,Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and numbers Formatted:Centered,Space After: 0 pt,Line •�••••� spacing: single,Don't adjust space between Latin and Asian text,Don't adjust space between Asian text and numbers 16 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK RENTAL AND USE POLICY Park Board approved City Council approved TABLE OF CONTENTS Page Reservation 2 Rental categories 2 Use priorities 2 Request for parks and park amenities reservation 3 Who must complete a park reservation? 3 Permissible uses for reservations 3 Large-groups 4 Reservation Fees 5 Park sites and amenities available 8 General policies and procedures for use 8 Attachment: Reservation Fees 11 Application for Park and Park Amenity Reservation 13 i UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK RENTAL AND USE POLICY The Park Rental and Use Policy of the United City of Yorkville has been established to provide a systematic method by which Parks and park amenities (Shelters, Gazebos and other amenities) may be reserved by the residents of the community. A reservation is not required for park use for occasional play. Multiple activities or special use (which includes use by a resident or groups, multiple days, or week play for a designated area) a permit is required and will guarantee use for the dates and times specified on the permit. All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. Occasionally parks may be excluded from the reservation availability. Objective • To provide maximum utilization of parks through centralized scheduling • To provide an impartial distribution of park amenities, shelters or gazebo to the various community groups who wish to reserve. • To plan cooperatively with other community agencies to enhance individual and group recreational needs. • To provide recreational activities which take into consideration the needs of the community. • To provide the best possible maintenance of the parks using available manpower and monetary resources. RENTAL CATEGORIES Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries Use Priorities When scheduling use or reservation of a park, or park amenities,the following priorities shall be established: 1. United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Groups, organization or other community bodies that have approved cooperative agreements with the United City of Yorkville. 4. Privately sponsored programs within the city limits. 5. Private groups or individuals outside the city limits, requesting use of a park on a single or multiple dates. 2 6. Other - Residents groups (groups with 80%or more United City of Yorkville residents) shall be given priority over non-resident groups. The 80% residency requirement shall be calculated based on the total number of people who will be in attendance. Parks and Park amenities may be used on a drop-in basis by any group or individual without a reservation on a first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized or reserved use. Groups or individuals with an approved reservation or permit and City programs will have priority use. - In case of inclement weather,the United City of Yorkville Park and Recreation Department shall make the final decision regarding use of the park or park amenities. Request for Parks and Park Amenities Reservation Organizations, Groups and individuals desiring to reserve Parks, Park amenities including shelters, gazebos, etc., shall complete the standard application for reservation. Some parks and activities may be excluded from park reservations as determined by recommendations from the Park Board or staff. In addition, organizations, groups, and individuals shall be required to submit the following with the application form: • (For Groups and Organizations) A certificate of insurance—co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation • A signed permit request form with the name and address of the person making the request. In addition, complete information regarding the use of the park or park amenities and acknowledgement /agreement to adhere to the park use policy. • The Recreation Department may request additional information from the desired individual or groups if it is considered to be in the best interest of the City or necessary to make a decision regarding the use. Reservation requests shall be approved beginning on the following dates: Spring Season (March—May) February 15 Summer Season (June—August) April 15 Fall Season (September—November) July 15 WHO MUST COMPLETE A PARK RESERVATION? Any organization or individual who: • Wants to reserve a certain area for a specific date and time • Require special arrangements • Are planning a special-use activity, such as pitching tents or erecting non-routine apparatuses PERMISSIBLE USES FOR RESERVATIONS Any resident, organization or group wishing to reserve a park, or park amenity for use shall have an approved reservation permit prior to publicly advertising the use of the park or location.This includes single use or multiple use requests. Each multiple use request may not exceed more than 3 days. Some activities may be determined to be not appropriate for specific parks due to location, use, or overall function of the park. 3 Requesting party must include all activities or uses of the park when making the request. Priorities will be given to the following uses, in order from most priority to least priority: A. Block parties B. Community or organization events (i.e. non fundraising events, and non profit-making) C. Private events (family reunions, weddings, private parties) D. Community or organization events (fundraising events) At the time of application, all special requests must be indicated in detail on the reservation form.These include, but are not limited to, bringing in tables and chairs, inflatable amusement equipment, selling concessions (including items to be sold and their prices), selling of miscellaneous items for fund raising or profit, extended park hours use, use of a public address system, admission charges, additional maintenance, use of snow fence, and water or electrical access. No equipment or permanent signage will be added or installed to the park without the permission of the Park Board, City Council, or designated staff. No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed in any City Parks or premises, except that upon approval of the Mayor, Festival/Entertainment events may apply for a City liquor permit to serve beer and/or wine at certain park locations. No persons under the influence of alcohol or drugs shall be allowed in any City park or premises. Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. Please dispose of all trash and recyclables in the proper containers. Damage or excessive litter may result in a loss of privileges and fees for clean up. Selling of any items in the parks must be approved through the vendor permitting process. Adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES.Any violation of these policies can impact the current and future uses of all City Parks, fields and/or facilities. Furthermore, the resident,group or organization assumes all responsibility for the repair or replacement of damage as a result of misuse of the park, equipment or park amenities. LARGE-GROUP POLICY Groups with more than 100 members make a serious impact on the parks. As a part of confirming the reservation for use the Police will be consulted regarding potential impacts to the Parks and City public safety. Community parks/areas available for large private groups include Beecher, Bridge and Riverfront Parks. Unless otherwise approved by the Park and Recreation Department, parking must remain within designated areas. Fees will be set based on direct costs incurred and post event repairs and clean-up and number of participants by the Park and Recreation Department. Fees will be estimated in advance by the appropriate staff. Large group events may be subject to additional fees for public safety/police and/or traffic control and the rental of portable toilets. 4 PARK, GAZEBO,SHELTER RESERVATION FEES A. Establishment The Board shall annually(based on fiscal year) recommend fees for the reserved use of Park, Gazebo, Shelter based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities. Fees shall be established in the following categories: 1. Gazebo single use 2. Large and small shelter single use 3. Park single use (non athletic fields) 4. Gazebo multiple use 5. Shelter multiple uses 6. Park multiple use (non athletic fields) 7. Resident, non-resident and commercial use fees 8. Special use (including fundraising, educational and religious) 9. Festival/Entertainment use B. Resident vs Non-Resident Users To qualify for resident fees a group shall consist of 80%or more residents of the United City of Yorkville, City boundaries.The 80% residency requirement shall be calculated based on the total number of individuals using the park. Residency shall be determined based on the home address of the individuals as opposed to the business address or the address of other family members.The Recreation Department may waive the residency requirement if it is considered in the best interest of the City. C. Commercial Users Any group reserving park or park amenity for profit making purposes shall be charged the commercial fee. D. Waiver of Fees The United City of Yorkville may waive fees to schools, private groups or organization in exchange of services or agreed upon arrangements. Waiver of fees must be approved by the Park Board. E. Payment of Fees Groups reserving a park or park amenity shall provide a $100.00 security deposit to guarantee the reservation for gatherings with an expected attendance of 100 persons or less; a $500 security deposit for gatherings with an expected attendance between 100 and 500 persons; a$1,000 security deposit for gatherings with an expected attendance over 500 persons. Groups or individuals reserving parks or park amenities on a single or multiple use bases shall be required to pay the established fee at least one week prior to the date reserved. A permit shall be issued upon payment of the fee. Payment of fees shall be made at the Yorkville Park and Recreation Department Offices. If a park or park amenity is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the group or individual shall be charged the amount necessary to cover the cost of the required maintenance and/or repair. F. Refund of Fees 5 A refund of a park or park amenity reservation fee may be granted for the following reasons: 1) If the United City of Yorkville Park and Recreation Department staff feels that the park is in an unusable condition. 2) If the group or individual provides written notification of cancellation to the Department at least one week prior to the date reserved. RESERVATION FEES Attached fee schedule.The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks. All fees are subjected to changing without notice. PARK SITES AND AMENITIES AVAILABLE FOR RESERVATIONS Some parks are restricted from exclusive reservations due to the size, availability to the surrounding residents and restricted appropriate use.The park use availability will be reviewed and adjusted annually based on available parks or designs. Individual parks or amenities available for reservation are subjected to changing without notice based on Park Board and City Council direction. Town Square—2.55 Acres Gazebo/Shelter Available for Small picnic areas No grilling or open flames in the parks. Drinking fountain Portable tents with stakes or semi-permit shelters are not permitted Beecher Park—22.6 acres Open grass for multi-play area Multi-age level Playground &swings Drinking fountain Picnic table No grilling or open flames in the parks Ball field and soccer fields (please refer to the athletic field reservation policy) Beecher Building (please refer to the Beecher building rental policy) Concession building with restrooms Kiwanis Park—2 acres 1 small shelter Grass open area Playground &Swings court basketball No grilling or open flames in the parks Portable tents with stakes or semi-permit shelters are not permitted Rice Park- 1 acre 1 small shelter 16x16 Picnic table 6 No grilling or open flames in the parks Playground &swings Funnel ball Fox Hill (East)—2 acres Basketball court (full court) Picnic table No grilling or open flames in the parks Playground &swings Fox Hill (West)—6 acres Open grass area Baseball Field (please refer to the athletic field reservation policy) No grilling or open flames in the parks Hiding Spot Park—1.6 acres Picnic area/tables Bocce court No grilling or open flames in the parks Van Emmon Park—1.8 acres Baseball Field (please refer to the athletic field reservation policy) No grilling or open flames in the parks Grass open area Portable tents with stakes or semi-permit shelters are not permitted Sunflower Park—2 acres %2 court basketball 1 small shelter Playground &swings Picnic area/tables No grilling or open flames in the parks Cannonball Ridge Park—3.2 acres court basketball 1 small shelter Skateboard element Picnic area/tables No grilling or open flames in the parks Rotary Park—12 acres Baseball/Softball Field (please refer to the athletic field reservation policy) 1 small shelter Skateboard element Playground &swings Open grass for multi-play area 7 Picnic area/tables No grilling or open flames in the parks Steven G Bridge Park—56 acres 3 Baseball/Softball Fields (please refer to the athletic field reservation policy) (lighted) Playground &swings Concession building with restrooms Picnic area/tables Open grass for multi-play area No grilling or open flames in the parks Stepping Stones Park—6.9 acres Playground &swings 1 small shelter Open grass for multi-play area Riemenschneider Park—7.1 acres Playground &swings 1 small shelter Water playground feature Recreational baseball field Picnic area/tables Autumn Creek Park A—5.9 acres Playground &swings 1 small shelter Open grass for multi-play area Skateboard element Small sledding hill GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS, OPEN SPACE AND FACILITIES: 1. No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department. 2. No ball hitting or pitching into fences or dugouts is allowed. 3. Each party will report any damage, accidents and or maintenance concerns to the park and recreation department immediately. 4. Coordination of work involving the park department staff or use of the equipment will generally require a two-week notice, for scheduling purposes. All requests for park staff must be approved by the Department Head 8 5. Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed in other areas of the parks, trails, or walkways or grass areas. 6. All requests for use of fields, or park(s)for organized play or private events must be in writings. 7. Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use.This form must be turned into the Park and Recreation Department at the end of the schedule use identifying the group's maintenance obligation. 8. Due to the scheduling or early setups for the other functions, all groups and organizations are requested to use only the area,field, or park that has been assigned to them. 9. No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or partisan political activities of any kind. Non-partisan public meetings and information forums are permitted. 10. No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises, except that upon approval of the Mayor, Festival/Entertainment events may apply for a City liquor permit to serve beer and/or wine at certain park locations. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be patrolling and monitoring the event at the discretion of the United City of Yorkville staff. 11. Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. The park should be left in equal or better condition that it was found. Please dispose of all trash and recyclables in the proper containers. Damage or excessive litter may result in a loss of privileges and fees for clean up. 12. Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable. All groups must adhere to the inclement weather practice for field conditions; (no standing water, saturated turf conditions, or times when safety is a concern). 13. Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields. (Sign ordinance, Building rental policies, Lightning Prediction Policy, and weather warning alarm system, and any other city guidelines that pertain to the use of City Owned property). 14. No parking on sidewalks or grass areas in or surrounding the parks. 15. No grilling or open flames in the parks. 16. All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. 9 17.All animals must adhere to the leash control ordinance. Petting zoos for one day special events are permitted in specific parks as determined by the Park and Recreation staff, Park Board or City Council. Health codes, permits and licenses are required. 18. Ice skating, ice fishing, sledding, or other winter activities are limited to parks or locations where permissible and indicated by signage. 19. Portable tents with or without stakes or semi-permit shelters or structures are permitted in approved park locations only. 20. Some parks are restricted from tents uses due to the size, availability to the surrounding residents and restricted appropriate use. 21. Groups desiring additional tables and chairs beyond what is already available must arrange for their own tables and chairs. 22. All groups reserving a park, shelter, gazebo or amenity must have an authorized representative 21 years or older, sign a waiver and release form, which includes a hold-harmless clause and an agreement to be responsible for cleanup and possible damages.The representative also must remain on-site during the rental use. 23. No vendors are allowed on City owned land or locations except when they are sponsored by an event that has been issued a permit by the United City of Yorkville Park and Recreation Department. 24. Activities including sound amplification should not unreasonably interfere in any way with other park users or adjacent property owners. Amplification and special lighting are allowed only if a permit is issued at the time of the reservation request. 25. When portable bathrooms are needed, the user must make arrangements to obtain and remove them from the park no later than 3:00 pm the day after the event. 26. Unauthorized use of pyrotechnics and fireworks are not allowed on park property. 27. Some parks and activities may be excluded from park reservations as determined by recommendations for the Park Board or staff. 10 ATTACHMENT PARKS RENTAL AND USE POLICY RESERVATION FEES The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities. All fees are subjected to changing without notice. Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Cate o ry A Cate o ry B Small Large Gazebo Park Small Shelter Large Gazebo Park Shelter group group shelter shelter 0-2 10.00 50.00 35.00 20.00 10.00 50.00 35.00 20.00 hours 24 15.00 65.00 40.00 25.00 15.00 65.00 40.00 25.00 hours 4-6 20.00 80.00 55.00 30.00 20.00 80.00 55.00 30.00 hours 6-8 25.00 100.00 75.00 40.00 25.00 100.00 75.00 40.00 hours Cate ory C Cate o ry D Small Large Gazebo Park Small Shelter Large Gazebo Park Shelter group group shelter shelter 0-2 15.00 65.00 40.00 25.00 20.00 80.00 45.00 30.00 hours 2-4 20.00 80.00 45.00 30.00 25.00 95.00 50.00 35.00 hours 4-6 30.00 100.00 65.00 40.00 35.00 125.00 65.00 45.00 hours 6-8 45.00 125.00 90.00 55.00 50.00 150.00 80.00 65.00 hours 11 Cate o E _ Cate o F Small Large group Gazebo Park Small Large group Gazebo Park Shelter shelter Shelter shelter 0-2 hours 20.00 80.00 45.00 30.00 30.00 90.00 55.00 45.00 2-4 hours 25.00 95.00 50.00 35.00 35.00 125.00 60.00 50.00 4-6 hours 35.00 125.00 65.00 45.00 1 45.00 1 150.00 1 80.00 65.00 6-8 hours 50.00 150.00 1 80.00 65.00 1 65.00 975.00 95.00 80.00 Key Deposit: $25.00 residents $35.00 non-residents SPECIAL USE Water or electrical access when available $20.00 additional. Must supply your own extension cords. Please reference the concession stand/vendor operation policy for special use request. FESTIVAL/ ENTERTAINMENT EVENTS Festival/ Entertainment events that have the potential of drawing more than 500 people shall be subject to a $1,300.00 park rental fee to offset costs resulting from the impact of a large public attendance in a park. Festival/ Entertainment events that have the potential of drawing more than 500 people to large community parks such as Beecher in which a liquor permit is issued for beer and/or wine will be required to pay a flat rate or percentage of gross profits to the City which will be determined prior to City approval of the event. Festival/ Entertainment events are subject to security requirements and the cost thereof as determined by City of Yorkville Police Department guidelines. Organizers must contact the Yorkville Police Department separately to make arrangements. 12 STANDARD APPLICATION FOR PARK AND PARK AMENITY RESERVATION UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Reservation requests shall be approved beginning on the following dates: Spring Season (March—May) February 15 Summer Season(June—August) April 15 Fall Season (September—November) July 15 Please indicate type of Group requesting use by circling the appropriate category: Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately(at least 80%)United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification(Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Group or Individual Name: Contact Person: Address: Home Phone: Work Phone: Email: LOCATION REQUESTED: DATE(s)/TIME(s)REQUESTED: PURPOSE Special Use requests(concessions,water,electrical,other). Expected attendance or visitors to your event. (Please note:Public Safety may require additional Police present pending the type of event and attendance.This may result in an additional fee assessed to the group for this service). Will you be selling any products,food,or miscellaneous items? Yes(please explain); No Security deposits will be forfeited if the park,shelter or gazebo is not restored to the original state,all litter removed,OR if damage occurs as a result of misuse or abuse to the United City of Yorkville Park and Recreation equipment or property. Please dispose of all trash and recyclables in the proper containers. Inspections will be completed following your event by a United City of Yorkville Park and Recreation Department Staff. Individuals may be assessed additional charges for extending times past the scheduled reservation. I have read and agree to follow and abide to the rules and regulations set forth by the United City of Yorkville. Signed Date: In order complete the request,the following documents must be forwarded to the Recreation Department: (Groups or Organizations)-A certificate of insurance co-naming the United City of Yorkville as an additional insured,Assumption of liability, and Waiver of subrogation. OFFICIAL USE Addition information requested Reservation Amount Deposit amount($100) Date of Request Date Received Staff initials Approved/Denied Refund Requested Location Assigned Concession Stand, Merchant License Applications Needed:Yes/No Health Department Permit Needed:Yes/No 13 RESOLUTION NO. 2011- RESOLUTION APPROVING A REVISED PARK RENTAL AND USE POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed the importance of updating the United City of Yorkville Park and Recreation Department Park Rental and Use Policy, and WHEREAS, the text of the United City of Yorkville Park and Recreation Department Park Rental and Use Policy the City Council now desires to adopt is set forth on the attached Exhibit"A" which is incorporated herein, and WHEREAS, it has been determined to be in the best interests of the United City of Yorkville to repeal the previous Park Rental and Use Policy and adopt a revised policy titled Park Rental and Use Policy in the form attached hereto in Exhibit "A". NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Park Rental and Use Policy in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted as the Park Rental and Use Policy of the City and the previous Park Rental and Use Policy heretofor adopted by the City Council is hereby repealed in its entirety. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2011. CITY CLERK CHRIS FUNKHOUSER DIANE TEELING LARRY KOT JACKIE MILSCHEWSKI CARLO COLOSIMO MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON JR Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2011. MAYOR 0 Co. Reviewed By: Legal ❑ Agenda Item Number a < Finance ❑ City Council Report#1 EST. 1936 Engineer ❑ 77- City Administrator 0 Human Resources El Tracking Number °"'"'tea' ® Community Development � � C-Ity `°� Police ❑ CC 2011-136 E Public Works ❑ Agenda Item Summary Memo Title: REC Center lease notification Meeting and Date: City Council-December 13, 2011 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Alderman Colosimo Name Department Agenda Item Notes: Alderman Funkhouser, Alderman Gilson, and Alderwoman Spears also gave their consent to have this agenda item placed on this agenda. Memorandum To: Cit y Council esr. ����= �sas 1 From: Bart Olson, City Administrator , CC: ��,'�l� p Date: December 9, 2011 CovMy Seal Subject: REC Center lease agreement renewal Summary Contemplation of the renewal of the REC Center lease agreement. Backp,round The lease agreement for the REC Center is attached. The agreement's first term is from July 1, 2008 through June 30, 2013, and a second term is available to the City from July 1, 2013 through June 30, 2018. The City is required to notify the property owner of our intent to renew (or to not renew) the lease by December 31, 2011. Impacts of an extended lease Should the City Council decide to renew the lease, the City will operate the facility through June 2018 under the terms and obligations of the current lease agreement. The current terms of the lease agreement obligate the City to maintain and repair almost all portions of the premises, including the HVAC system, pool equipment, lights, floors, exercise equipment, etc. The landlord is responsible for the structural integrity of the building, the roof, and water and sewer lines into the building. Impacts of not extending the lease Should the City Council decide not to renew the lease, the City will operate the facility through June 2013 at which point its operation will be in the hands of the current property owner. Further, the City would be responsible for a$100,000 lease termination fee to the property owner and would be responsible for property taxes through June 2013 (i.e. partial property tax payment would be due to the property owner in Summer 2014). Further information The Park Board met to discuss the REC Center in a Town Hall meeting on December 8. The powerpoint presentation for that meeting and other handouts are attached. Additionally, I have attached the last three fiscal years' budget reports, and a FY 12 year-to-date budget report. June 20, 2008 FINAL AGREEMENT Lease Between Walker Custom Homes, Inc. and United City of Yorkville, Kendall County, Illinois For A Recreation and Fitness Center at 202 East Countryside Parkway, Yorkville, Illinois July 1, 2008 � 1 LANDLORD: Walker Custom Homes,Inc.,an Illinois corporation LANDLORD'S ADDRESS: 62 Woodland Drive Yorkville,Illinois 60560 TENANT: United City of Yorkville(the"City") 800 Game Farm Road TENANT'S ADDRESS: Yorkville,Illinois 60560 ADDRESS OF PREMISES: 202 East Countryside Parkway Yorkville,Illinois PREMISES: 202 East Countryside Parkway,Yorkville,Illinois Unit D and Main Area USE: Recreation and Fitness Center PREMISES RENTABLE AREA: Approximately 38,500 square feet (Unit D= 1,000 sq.ft.) (Main Area=37,500 sq.ft.) COMMENCEMENT DATE: July 1,2008 RENT COMMENCEMENT DATE: July 1,2008 LEASE TERM: July 1,2008 through June 30,2013 with an option to renew for an additional 5 years from July 1,2013 through June 30, 2018 with notice of renewal to Landlord on or before December 31,2011. TERMINATION DATE: The last day of the Lease Term or upon exercise of Option to Purchase. ANNUAL RENT: July 1,2008 through June 30,2010—$17,500 per month July 1,2010 through June 30,2011 —$18,000 per month July 1,2011 through June 30,2012—$18,500 per month July 1,2012 through June 30,2013- $19,000 per month July 1,2013 through June 30,2018 to increase$500 per month per Lease year 1 2 SECURITY DEPOSIT: None REAL ESTATE BROKER DUE Tenant and Landlord represent and warrant to each other COMMISSION: than it has not used a real estate broker,finder or any other person that may seek compensation for this lease. MAINTENANCE AND REPAIR OF Tenant will be responsible for maintaining the HVAC HEATING AND VENTILATION system and all portions of the Premises in accordance with SYSTEM: all applicable governmental laws and regulations. Landlord will be responsible for maintaining the structural integrity of the Building,as specified in this Lease. This Reference Page information is incorporated into and made a part of this Lease. In the event of any conflict between this Reference Page information and the Lease,this Lease shall control. Landlord nor Tenant shall not be held liable for any representations made in this Lease unless both Landlord and Tenant have fully executed the Lease. This Lease includes Exhibits A through.E, all of which are made a part hereof. LANDLORD TENANT Walker Custom Homes,Inc.,an Illinois United City of Yorkville,Kendall County, corporatlon IIIlnois,an Illinois municipal corporation By: 4X'i- By; President Mayor Valerie Burd Attest: Attest: 2cog ��pL�.ry City Clerk 1 LEASE This Lease is made as of July 1, 2008. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises described on the Reference Pages, including all terms defined therein,which are incorporated as part of this Lease. ARTICLE 1 DEFINITIONS 1.1 In addition to other terms that are elsewhere defined in this Lease, the following terms shall have the meanings set forth in this section: (a) HEALTH AND FITNESS: The real estate depicted on Exhibits A-1, and all improvements constructed thereon from time to time. (b) THE PREMISES: The Recreation and Fitness Center as outlined in red on Exhibits A-1 and parking areas all as legally described and depicted on the survey attached hereto and made a part hereof as Exhibit A-2, prepared by registered surveyors licensed by the State of Illinois; and all fixtures and equipment as itemized on Exhibit B attached hereto and made a part hereof,which list of fixtures and equipment states the date of acquisition and general condition. (c) COMMENCEMENT DATE: The Commencement Date shall be July 1,2008. (d) LEASE TERM OR TERM: The period of time commencing with the Commencement Date and terminating on the Termination Date. (e) LEASE YEAR: The term "Lease Year" shall mean the period from the Commencement Date to the succeeding June 30; thereafter "Lease Year" shall mean each successive twelve calendar month period following the expiration of the first Lease Year. (f) TAX YEAR: The term "Tax Year" or "Tax Years" shall mean, the year or years in which Taxes assessed against the Premises are due and payable. (g) TERMINATION DATE: The last day of the Lease Term or upon exercise of Option to Purchase. ARTICLE 2 RENT 2.1 One-Twelfth of the Annual Rent shall accrue each month from the Commencement Date until the Termination Date or any extension thereof and shall be payable to Landlord, 62 Woodland Drive, Yorkville, Illinois 60560 unless otherwise directed by Landlord in writing. 1 2.2 The first monthly installment of Annual Rent shall be due and payable upon the Commencement Date and a like installment shall be due and payable without notice on or before the fifth day of each calendar month during the Lease Term. 2.3 In addition to the Annual Rent, upon execution of this Lease, the Tenant shall deposit the sum of$100,000 (the "Leasing Execution Fee") in an escrow to be held by the City, which escrow fund shall be held and the contents thereof applied in accordance with the Escrow Agreement attached hereto and made a part hereof as Exhibit C. It is the intent of the parties that all funds shall be used for improvements to the premises within the first five years of this Lease. ARTICLE 3 TAXES 3.1 Tenant shall pay all taxes levied against Tenant's Premises and its fixtures from the Commencement Date through the Lease Tenn. If such taxes for which Tenant is liable are levied against Landlord or Landlord's property and if Landlord elects to pay the same, Tenant shall pay to Landlord within thirty(30) business days that part of such taxes for which Tenant is liable hereunder. 3.2 The Real Estate Taxes payable for the real estate described on Exhibit A02 as to units A, B, C, D, E inclusive (the "Real Estate Taxes") hereunder for the first and last Lease Years of the Lease Term shall be prorated on the basis of a 365-day year, with Tenant's obligation to commence as of the Commencement Date. Nothing herein contained shall require Tenant to pay Landlord's corporation, franchise,income,estate, gift or inheritance taxes. 3.3 So long as the Lease is in full force and effect, the real estate tax bill for the Premises shall be forwarded to the Tenant upon receipt by the Landlord for payment on or before the due date;provided,however, for the first and last Lease Years of the Lease Term,the Tenant shall pay to the Landlord its Proportionate Share of the real estate taxes for that portion of the first and last Lease Year of the Lease Term, or the last Lease Year of the renewed Lease Term to the Landlord and the Landlord shall pay the real estate taxes for the Premises on or before the due date. ARTICLE 4 USE OF PREMISES; TENANT COVENANTS 4.1 The Tenant covenants to continue to conduct business in the Premises as a Health and Fitness Center but shall have the right to conduct or carry on any other program, business or operation generally conducted by a municipal parks and recreation department. 4.2 Tenant shall keep its Premises open for business at any time determined by Tenant to be in the best interests of its general operation and Tenant shall be permitted to close the Premises as determined by the Tenant without written permission from Landlord. 1 ARTICLE 5 MAINTENANCE AND REPAIR OF PREMISES ALTERATIONS 5.1 Landlord shall be responsible to maintain the structural integrity of the Premises and shall be solely responsible to maintain the building structure, to make all necessary roof repairs; to maintain all underground filtration lines to the pool; and,to maintain, repair all water and sewer lines of comparable size, but not expansion of said lines serving the Premises. If the Premises should become in need of repairs required to be made by Landlord hereunder, Tenant shall give immediate written notice thereof to Landlord, and Landlord shall not be responsible for failure to make any such repairs until a reasonable time after the giving of such written notice. Tenant shall have the right to make repairs at Landlord's expense after a reasonable time has elapsed since the giving of written notice. In the event Tenant has given Landlord notice as required above, and Landlord fails to commence the repairs that are the subject of such notice within twenty(20) business days following Landlord's receipt of such notice, then Tenant shall have the right to make such repairs;provided, such work is performed by skilled and experienced contractors at a reasonable cost and the cost thereof deducted from each monthly payment of the Annual Rent until the Tenant is reimbursed in full. 5.2 Tenant shall, at its sole cost and expense, except as provided in Articles 10.1 hereof, make all needed maintenance and repairs to the non-structural portions of the Premises, including,but not limited to, (i)the heating,ventilating, and air conditioning systems serving the Premises; (ii) hot water heaters and water softeners within the Premises, (iii) all light fixtures serving the Premises and located therein; (iv) all interior walls, floors and ceilings; (v) all exercise equipment; (vi) all swimming pool pumps and filters; (vii) all electronic equipment, phone systems and appliances; and, (viii) any of Tenant's improvements. If at any time, and from time to time during the Term, and any extensions and renewals thereof, Tenant shall fail to perform any maintenance or repairs in and to the Premises as required in this Lease, Landlord shall have the right,but not the obligation,to enter the Premises and to make the same for and on behalf of Tenant, and all reasonable sums so expended by Landlord shall be paid by Tenant within twenty (20) days of Landlord's delivery of an invoice to Tenant for the cost of such repairs. 5.3 Landlord shall repair known roof leaks and replace missing down spouts and extensions within sixty (60) days of execution of this Lease. Landlord shall also test the corroded metal support girders to assure structural integrity has not been diminished within the same time period. 5.4 Neither the Landlord nor the Tenant shall make any alterations, additions or replacements to the Premises, the cost of which is in excess of Ten Thousand Dollars and No Cents ($10,000.00), without the prior written consent of the other party, which consent may not be unreasonably withheld,except for the installation of unattached moveable fixtures,which may be installed without drilling, cutting or otherwise defacing the Premises. Any additional capital improvements made or advanced by the Landlord prior to entry into the Lease with the consent of Tenant, or by Landlord during the Lease with the consent of the Tenant (other than the improvements made with the Lease Execution Fee) shall be added on to the purchase price contemplated hereunder. Capital improvements shall not include repairs to the Premises which are required to maintain the structural integrity of the Premises, other than repairs to the drivit. I Landlord and Tenant shall consent to all of those improvements or repairs in excess of said amount to determine whether items need to be replaced or repaired. 5.5 All Tenant's improvements and all repairs, alterations, additions and improvements done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements. All alterations, additions and improvements made in and to the Premises and all floor covering that is adhesively affixed to the floor and all fixtures which are installed in the Premises shall remain in and be surrendered with the Premises and shall become the property of Landlord at the expiration of this Lease,without compensation to Tenant. 5.6 Tenant shall keep the Premises and Tenant's leasehold interest in the Premises free from any liens arising out of any work performed, materials furnished by Tenant. In the event that Tenant shall not within thirty(30)business days following the imposition of any such lien, cause the same to be released of record, Landlord shall have the right to cause the same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien caused by Tenant. All such sums paid by Landlord and all expenses incurred by it in connection therewith shall be considered additional rent and shall be payable to it by Tenant within ten(10)days. 5.7 Landlord shall be liable to Tenant for any interruption of Tenant's business or inconvenience caused Tenant or Tenant's assigns, sublessees, customers, invitees, employees, licensees or concessionaires in the Premises on account of Landlord's performance of any repair, maintenance or replacement in the Premises, any other work therein pursuant to Landlord's rights or obligations under this Lease. Any injury to or interference with Tenant's business caused by Landlord's repairs, alterations or improvements to the Premises or to any portion of the Premises, the cost of which is not covered pursuant to Article 10, shall be paid by Landlord to Tenant upon receipt of thirty (30) days prior written notice and together with evidence of the injury to or interference with Tenant's business. ARTICLE 6 SIGNS AND STORE FRONTS 6.1 Tenant shall install at Tenant's expense, any exterior sign the Tenant chooses so long as the Tenant, at all times shall keep all signs the Tenant installs at the Premises clean and in good condition,proper operating order, with the consent of said Landlord, said consent not to be unreasonably withheld,conditioned, or delayed. 6.2 Tenant shall not modify, paint, change colors or change materials of the exterior of the Premises which alter the appearance of the exterior walls or building fascia in any manner without the prior written consent of Landlord, such consent not to be unreasonably, withheld, conditioned or delayed. 1 ARTICLE 7 UTILITIES 7.1 Tenant shall promptly pay all charges for electricity, water, sanitary sewer, telephone, alarm service and refuse collection furnished to the Premises, and the refuse collection from Units A,B and C adjacent to the Premises. 7.2 Except for its negligent acts or omissions, Landlord shall not be liable nor shall any rent be abated in the event of any interruption in the supply of any utilities. Tenant agrees that it will not intentionally install any equipment which will exceed or overload the capacity of any utility facilities serving the Premises and that if any equipment installed by Tenant shall require additional utility facilities, installation of the same shall be at Tenant's expense, but only after Landlord's written approval of same. ARTICLE 8 INDEMNITY AND NON-LIABILITY 8.1 Landlord will indemnify and hold Tenant harmless from such claims to the extent caused by the negligent or willful act or omission of Landlord, or its agents, employees or contractors. Tenant shall indemnify and hold harmless and defend Landlord, its beneficiaries directors,partners or shareholders against any and all claims, liability or costs for any damage to any property or any injury to any person occurring in,on or about the Premises when such injury or damage shall be caused by or arise from, in part or in whole from any and all claims, any activity conducted on the premises at or by direction of Tenant and from any intentional breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed pursuant to this Lease. The provisions of this Article shall survive the termination of this Lease with respect to any claims or liability arising prior to such termination. ARTICLE 9 LIABILITY INSURANCE 9.1 Tenant shall, at its sole cost and expense, procure and maintain throughout the Term of this Lease a policy or policies of insurance on an occurrence basis (if available), insuring Tenant, Landlord and any other person designated by Landlord having an interest in the Premises against any and all liability for injury to or death of a person or persons and or damage to property occasioned by or arising out of the condition of the Premises, the use or occupancy of the Premises or any construction work being done on the Premises by Tenant. Such policies shall be non-cancelable except after thirty(30) days written notice to Landlord. Each policy or a duly executed certificate of insurance showing Landlord of Landlord as an additional insured shall be delivered to Landlord prior to the Commencement Date. Tenant shall further provide in such certificate of insurance at the coverage afforded by Tenant to Landlord under said additional party insured clause shall be primary coverage from a liability point of view as to the Landlord. 9.2 Landlord shall, at its sole cost and expense, procure and maintain throughout the Lease Term or the renewed Lease Term, a policy or policies of insurance on the Premises in an amount deemed sufficient to reconstruct the Premises or repair or replace the Premises in the event of any damage to the Premises by fire or other casualty, including, but not limited to, I extreme weather conditions,war, terrorism, earthquake, tornado, flooding, destruction or by any movable machinery. ARTICLE 10 DAMAGE BY CASUALTY 10.1 Tenant shall immediately give written notice to Landlord of any damage caused to the Premises by fire or other casualty. In the event that the Premises shall be damaged or destroyed by fire or other casualty and Landlord does not elect to terminate this Lease as hereinafter provided, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Premises. If the Premises shall be destroyed or substantially damaged, such destruction and/or damage equaling fifty percent(50%) or more of the Premises, by a casualty not covered by Landlord's insurance; or the holder of any indebtedness secured by a mortgage or deed of trust covering any part of the Premises requires that any insurance proceeds be applied to such indebtedness, then in any of such events, Landlord may elect to terminate this Lease, or Landlord or the Tenant may elect to proceed to rebuild and repair the Premises. Should Landlord elect to terminate, it shall give written notice of such election to Tenant within sixty (60) days after the occurrence of such casualty; otherwise, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Premises. 10.2 If pursuant to Article 10.1, the Premises are to be restored, Tenant shall, unless such damage is the result of the negligence or willful misconduct of Tenant, or its agents, employees, or invitees,be entitled to a proportionate abatement in the Annual Rent and Tenant's Real Estate Taxes from the date of such damage, such reduction to be based on the extent to which the damage and the malting of such repairs shall interfere with the use and occupancy by Tenant of the Premises. In the event of the giving of a notice to terminate,this Lease shall expire upon payment to the Tenant of its Leasing Execution Fee and all interest of the Tenant in the Premises shall terminate as of the date of such payment as if such date had been originally fixed in this Lease or the expiration of the Term. 10.3 In the event of damage to the Premises by any peril covered by the provisions of this Article, Tenant shall, upon notice from Landlord, remove forthwith and ultimately replace after said damage is repaired, at its sole cost and expense, such portion of the property belonging to Tenant or its licensees, from such portion of the Premises as Landlord shall request. ARTICLE 11 DEFAULTS AND REMEDIES 11.1 The following events shall be deemed to be events of default under this Lease: (a) Tenant shall fail to pay when due any sum of money due Landlord hereunder, whether such sum be any installment of rent,or any other payment or reimbursement to Landlord required herein, and such failure shall continue for a period of thirty(30)days from the date such payment was due. If Tenant is more than sixty(60)days in default on payment,Tenant agrees to assign to Landlord all membership fees and dues generated from the Leased premises until Tenant becomes current on all obligations;or I (b) Tenant shall fail to comply with any term, provision or covenant of this Lease (other than by failing to pay when due any sum of money due Landlord hereunder), and, except as otherwise provided in this Lease, shall not cure such failure within thirty(30)days (forthwith, if the default involves a hazardous condition) after written notice to Tenant; or unless such cure cannot reasonably be performed within thirty (30) days but Tenant has taken steps to perform and is diligently pursuing the cure; or, (c) Unless otherwise penrnitted by Landlord, Tenant shall fail to vacate the Premises immediately upon termination of this Lease,by lapse of time or otherwise, or of Tenant's right to possession only. 11.2 Upon the occurrence of any of such events of default described in this Article or elsewhere in this Lease, Landlord shall have the option to pursue any one or more of the following remedies: (a) Landlord may terminate this Lease or without terminating this Lease, terminate Tenant's right to possession only, and thereupon, in either case, subject to written notice to Tenant and process of law, Tenant shall surrender possession and vacate the Premises within thirty(30) days of receipt of said written notice, and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord free right to enter into the Premises subject to written notice to Tenant and process of law and to repossess Landlord of the Premises as Landlord's former estate. (b) Landlord shall relet the Premises or any part thereof for such rent and upon such terms as Landlord in its sole reasonable discretion shall determine. ARTICLE 12 HOLDING OVER 12.1 Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part thereof after termination hereof by lapse of time or otherwise at the rate of one hundred ten percent(110%) of the daily amount of the Annual Rent for the last period prior to the date of such termination Tenant shall also pay the Real Estate Taxes, as provided for herein,prorated on a daily basis. This provision shall not be deemed to waive Landlord's right to reentry (to the extent permitted by law)or any other right hereunder or at law. ARTICLE 13 SUBORDINATION AND ATTORNMENT 13.1 Without the necessity of any additional document being executed by Tenant, this Lease shall be subordinate at all times to the lien of any mortgages or deeds of trust now or hereafter affecting the Premises, Landlord's interest or estate therein, provided that Tenant receives from such lien holders "non-disturbance agreements" in form reasonably acceptable to such lien holders; further provided, however, that if Landlord, mortgagee, trustee, or holder of any such mortgage or deed of trust elects to have Tenant's interest in this Lease executed before or after said instrument, it shall be superior to the Lease. Upon request of Landlord, Tenant covenants and agrees to execute and deliver upon demand such further instruments evidencing such subordination or superiority of the lien of any mortgage or deeds of trust, as the case may I be. In the event Tenant fails to do so, Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact in its name,place and stead to execute such instruments. 13.2 If any such mortgage or trust deed be foreclosed (or a deed given in lieu of foreclosure), or if any such ground or underlying lease be terminated, upon the request of the mortgagee,holder or lessor, as the case may be, Tenant will attom to the purchaser at foreclosure sale(or grantee of deed in lieu of foreclosure)or lessor under such lease, as the case may be, and will execute such instruments as may be necessary or appropriate to evidence such attornment; provided that the Terms of this Lease shall be binding upon the Landlord's successor with no amendments,revisions, addendums or alterations unless agreed by Tenant. ARTICLE 14 OPTION TO PURCHASE 14.1 Landlord hereby grants the Tenant an Option to Purchase the Premises and Units A, B, C which are located at 202 Countryside, all being legally described on Exhibit A-2 in accordance with the purchase price and all other terms as set forth on the Purchase and Sale Agreement attached hereto and made a part hereof as Exhibit D (the"Option to Purchase') for a period commencing on the Commencement Date of the Lease Term (July 1, 2008) and terminating on the Termination Date as may be extended in the event of renewal(June 30, 2018) of the Lease Term (the "Option Term"). The agreed upon purchase price for the Option to Purchase the building is Four Million($4,000,000) Dollars in an"AS IS, WHERE IS" condition except to the extent Tenant and Landlord agree to make capitol improvements, the cost of said capitol improvements(excluding any capital improvement made with the Lease Execution Fee to be added as additional purchase price payable by Tenant to Landlord in the event the Option to Purchase is in fact executed. Capital Improvements shall not include repairs to the Premises which are required to maintain the structural integrity of the Premises, other than repairs to the drivit. 14.2 In the event the Tenant does not exercise its Option to Purchase during the Option Term or the Tenant terminates the Lease at any time during the Lease Term or the Renewal of the Lease Term, the Tenant shall pay$100,000 to the Landlord as a penalty, which penalty shall constitute the Landlord's sole remedy for the Tenant's failure to exercise said Option to Purchase, unless the Lease has been terminated pursuant to Article 10. In the event the Tenant terminates the Lease prior to the first 5 year period expiring, City shall be responsible in addition to the Lease Fee,the remaining period of the first 5 year lease term. 14.3 It is understood and agreed by the Landlord and Tenant that the Landlord may not take any action to market the Premises during the Option Term, provided, however, that in the event the Landlord receives a firm offer to purchase the Premises from a third party, the Tenant shall have the right of first refusal. It is further understood and agreed that any offer to the Landlord from a third party shall be subject to the leasehold interest of the Tenant and the Landlord must provide sufficient evidence as may be required that any offer to purchase from a third party is a firm offer and financing to proceed with the closing and acquisition of title is readily available. 14.4 In the event Tenant determines that in its best interest not to execute the Option to Purchase, and equipment having been replaced or substituted for existing exercise equipment I within the premises shall be retained by Landlord without any debt obligation or encumbrance thereon. Said equipment must be of comparable quality of existing equipment. ARTICLE 15 ADDITIONAL UNDERSTANDINGS 15.1 All written subscribers or membership contracts or agreement permitting use of the Premises after the Commencement Date shall be assigned to the Tenant. Any bills received by Tenant after occupancy of the premises for business operations approved, performed, or ordered by Landlord,prior to July 1, 2008 shall be paid in full by the Landlord. 15.2 Landlord has delivered to the Tenant a computer listing of all subscribers, members or users having any outstanding right, privilege, contract or agreement to use the Premises, or any portion thereof after the Commencement Date. No changes in memberships, or new contracts shall be executed by Tenant with any current members prior to City Counsel approval and execution of this written Lease with Option to Purchase Agreement by Tenant. 15.3 As of the Commencement Date, the Landlord shall have terminated any service contract of any kind relating to the Premises unless otherwise directed,in writing by the Tenant. 15.4 The immediate family of Ronald Walker which shall consist of parents and brothers and sisters of Ronald Walker and Susan Walker shall have the privilege of a free membership in the operation of a health and fitness center by the Tenant during the Lease Term and any extension thereof as named on Exhibit E attached hereto. 15.5 The Tenant agrees to be responsible for refuse collection, real estate taxes, snow plowing and outdoor maintenance for the Premises, including Units A,B and C. Landlord shall be permitted to keep the cam charges paid by Tenants in Units A,B,and C. 15.6 The Tenant shall be required to give notice of no less than eighteen(18) months of the Tenant's intent to renew or terminate this Lease. ARTICLE 16 MISCELLANEOUS 16.1 The captions used in this Lease are for convenience only and do not in any way affect the terms hereof. Whenever the singular is used the same shall include the plural, and words of any gender shall include the other. 16.2 One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 16.3 Landlord hereby covenants and agrees that if Tenant shall perform all of the covenants and agreements herein required to be performed on the part of Tenant, Tenant shall, subject to the terms of this Lease, at all times during the continuance of this Lease have the 1 peaceable and quiet enjoyment and possession of the Premises. Landlord shall not be liable for any interference or disturbance by other tenants or third persons, nor shall Tenant be released from any of the obligations of this Lease because of such interference or disturbance. - In the event that the activities of other tenants shall interfere with Tenant's quite enjoyment as required under this Section, Landlord shall use all reasonable business efforts to cause such activities to end. 16.4 This Lease and the Exhibits contain the entire agreement between the parties and no agreement,representation or inducement shall be effective to change,modify or terminate this Lease in whole or in part unless in writing and signed by the parties. 16.5 Tenant warrants that it has had no dealings with any broker in connection with the negotiations or execution of this Lease. 16.6 The terms, provisions and covenants contained in this Lease shall apply to, inure to the benefit of, and be binding upon the parties hereto and their respective heirs, assigns, successors in interest and legal representatives except as otherwise herein expressly provided and except that all claims, demands or causes of action which Tenant may at any time have against Landlord or Landlord's agent because of failure to comply with any provisions hereof, shall be enforceable against the Landlord,its manager,members, affiliates or no person or other property of Landlord shall be subject to any such claim,demand or cause of action. 16.7 Time is of the essence in this Lease. 16.8 The laws of the State of Illinois shall govern the interpretation, validity, performance and enforcement of this Lease. 16.9 If any provision of this Lease is held to be invalid or unenforceable, the validity and enforceability of the remainder of this Lease shall not be affected thereby. 16.10 Landlord represents and warrants that the building of which the Premises is a part and the land upon which that building is constructed is not the subject of a ground lease or similar transaction that creates a leasehold interest in the land. 16.11 If Landlord fails to perform its obligations in accordance with any of the provisions of this Lease, Landlord agrees that it shall, to the extent and under the conditions provided for in this Lease, be liable to Tenant on account of any damages caused thereby. The obligations contained in this Lease are to be performed by Landlord's successors and assigns, only during their respective periods of ownership. 16.12 Landlord agrees to grant Tenant a right of first refusal to lease units AB, and C prior to entering into any new lease covering Units A,B and C located adjacent to the Premises. 16.13 Landlord represents and warrants that it has full capacity, right, power and authority to execute, deliver and perform this Lease and all documents to be executed by Landlord pursuant hereto, and all required action and approvals therefore have been duly taken and obtained. The individuals signing this Lease and all other documents executed pursuant hereto on behalf of Landlord are duly authorized. This Lease and all documents to be executed pursuant hereto by Landlord are binding upon and enforceable against Landlord in accordance with their respective terms, and the transaction contemplated hereby will not result in a breach of, or constitute a default under, any indenture, mortgage, deed of trust, loan agreement,or other agreement to which Landlord or the Premises is subject or by which Landlord or the Premises is subject or by which Landlord or the Premises is bound. 16.14 In the event the City purchases or builds a recreation facility,the purchase of Club 47 will receive precedent over the other building. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the date and year written on the Reference Pages. LANDLORD TENANT Walker Custom Homes,Inc.,an Illinois corporation United City of Yorkville,Kendall County, IDinois, an Illinois municipal / corporation � -In/a% By: By. Lill L'�22 President Mayor Valerie Burd Attest: Attest: t�.-PVV City Clerk 1 a• f r 1661 �llf ♦♦ . .I. i � • Y;41{: }�s.> J4 I is $- _, � �. ��l ��� - =t..y � ., '• - �,� - -I _ — •}_ iii r•1�'9F�3�� �s� �� 4L!p y Q y : - 'TZ, •' .fix•: .�1 �- � sfi�. , f EXHIBIT Al Legal Description 202 E. 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It wt,brrb.,rratr carp.tG tisara.> r >ti e.rr wr :.arrrw «1....r•.r1 wrrrrrrlYw.rrrr,.a.rr brrrwrrr ieaL•,r.SriN+a~.�.. 1♦► r' �.,,ar�ttwrrw,rrrrrvtrr l�.wr..itr. ,,ae� .rrr...r�.r w r.r�++r"rr,yr�r�rr,rlar.lb�rr.rrorr.a r•.,wow•>oawY.a„r«.N r.w rr�r/ r�"fir±r~rrrrrW�.rrrrlrrlwwwlrwrrr ., ar.r..►RrrlrYrrrlLiK-lrlr.'--• baai•maA.c+w.. �vrs.Y.SdF� T +r.+... SWl ��� ONION IMEN MINIM OWED mogm MINIM ME MIENS MOVIES! MINIM 0 NEEMI WOMEN- MIN SEE �:.�.I•_ .:I�c._: : 0��"1�■l'°.a.l.'e:'llu.n+■■_-i�'1':::a� .� 1�11 i::.ti+i_ �LLLJ �-■-■__ 1 t ■�iLJLrL� .r, x.11 - ■ ■ WIN 1/ r_ �. Ilmmll SEEMS MWIN - © ■!�■��E�� D ■ � 1 ■��0�0Eilm per°""�"'�,���■�� .� summa" . =111111101111111M Will TIM 111 - - ._.,- - --■-- _ SID UML ■� ��■�� r:•.1 ��E � I ty� Exhibit C LEASE EXECUTION FEE ESCROW INSTRUCTIONS These Escrow Instructions are entered into as of this Z_0, day of June, 2008, by and between the United City of Yorkville,Kendall County, Illinois. WHEREAS, the parties entered into a Lease dated July l , 2008, for the certain real property known as 202 East Countryside Parkway,Yorkville,Illinois(the"Lease"); and, WHEREAS, the Lease requires the parties to enter into an escrow agreement with the Escrowee pursuant to which the Purchaser shall deposit the Earnest Money, as required under the Lease. NOW,THEREFORE,pursuant to the requirements of the Lease and in consideration of the terms and conditions hereof,the parties hereby agree as follows: 1. Deposit. In accordance with paragraph 2.3 of the Lease, the City, as Escrowee, shall establish a segregated fund to be known as the Recreational Center Improvement Fund into which the Tenant under the Lease shall deposit the sum of One Hundred Thousand Dollars ($100,000)for use as hereinafter set forth. 2. Use of Funds. Pursuant to the Lease, the Recreational Center Improvement Fund shall be used solely for improvements to be made to the Premises, as defined in said Lease. Prior to incurring the cost of any improvement,the Tenant shall submit to the Landlord an itemization of the improvements the Tenant desires to undertake and the cost of each improvement. Upon written approval of the Landlord,the Tenant or the Landlord may proceed with any improvement approved by the Landlord and deduct the cost thereof from the Escrow. Intentionally Omitted 3. Investment of the Recreational Center Improvement Account. The Recreational Center Improvement Account shall be invested in (i) an insured money market account, (ii) government securities, or (iii) such other investment as is agreed by all parties. All interest earnings thereon shall be added to the balance and used as provided in paragraph 2 above as if such interest were added to the initial deposit. 4. The parties agree that the actions of, and the relationship between, the Landlord and Tenant shall be governed by the terms of the Lease, notwithstanding contrary provisions of this Escrow. Except as to deposits of funds for which Escrowee has received express written joint direction from the Landlord and Tenant concerning investment or other handling, the parties hereto agree that the Escrowee shall be under no duty to invest or reinvest any deposits at any time held by its hereunder; provided, however, the Escrowee may not commingle such deposits with other deposits or with its own funds or use any part or all such funds for its own benefit. 1 In the event any legal proceedings are instituted in connection with the disbursement of the funds held hereunder, the prevailing party shall be entitled to recover from the other party the prevailing party's costs and expenses in connection therewith, including but not limited to its legal fees. 5. Escrow Fee. The Escrowee shall not be entitled to any escrowee fee. IN WITNESS WHEREOF this?o4h day of , 2008. LANDLORD TENANT Walker Custom Homes,Inc.,an Illinois corporation United City of Yorkville,Kendall County, Illinois, an Illinois municipal corporation 7� By: 4 P 11Xz1Q President Mayor Valerie Burd Attest: Attest: , , TY City Clerk 1 Exhibit D PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Contract") is entered into on this day of , 2008, by and between the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation("Tenant-Buyer") and Walker Custom Homes, Inc., an Illinois corporation. WHEREAS, the Tenant-Buyer is a non-home-rule municipality organized and existing pursuant to the Illinois Municipal Code and the Illinois Constitution of 1970; and, WHEREAS, the Tenant-Buyer has entered into a Lease Agreement with the Landlord- Seller dated June _ , 2008, whereby the Tenant-Buyer leased certain Premises owned by the Landlord-Seller and was granted an Option to Purchase the Premises and additional real estate (the "Property"), all as legally described on Exhibit A attached hereto and made a part hereof; and, WHEREAS, as of the date written above,the Tenant-Buyer has determined it to be in its best interest to exercise said Option to Purchase on the terms and conditions as hereinafter set forth. RECITALS: NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration,the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Property. Landlord-Seller hereby agrees to sell and convey the Property to Tenant-Buyer, and Tenant-Buyer hereby agree to purchase the Property from Landlord-Seller, upon the terns and conditions set forth herein. The Property, as legally described in Exhibit A, is shown as being comprised of one parcel, identified by parcel no. . Landlord- Seller will transfer the Property by a recordable warranty deed to the Tenant-Buyer. 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Four Million Dollars ($4,000,000) as may be adjusted pursuant to the terms hereof. The Purchase Price,as adjusted,plus or minus proration, shall be paid by Tenant-Buyer to Landlord- Seller at the Closing in certified funds or immediately available wire transferred funds. 3. Purchase Price as Adjusted. The Purchase Price of$4,000,000, plus or minus proration, shall be increased One Hundred Thousand Dollars per Lease Year after the First Lease Year in which the Option to Purchase is exercised by the Tenant-Buyer. For purpose of this Purchase and Sale Agreement, the term "Lease Year" shall have the same definition as set forth in the Lease, i.e.the twelve months commencing each July 1 and ending the following June 30. 4. In addition to the Purchase Price, plus or minus prorations, as may be adjusted pursuant to paragraph 3 above, the Tenant-Buyer shall pay to the Landlord-Seller Two Hundred 1 Fifty Thousand Dollars for all fixtures, window coverings, HVAC equipment and all of the equipment identified on Exhibit B attached to said Lease,which Exhibit B is also attached hereto and made a part hereof (collectively, the "Equipment"). It is understood and agreed that the amount of$250,000 shall not be reduced or adjusted whether or not any of the Equipment listed on Exhibit B is within the Property as of the date of closing. Title to the Equipment shall be transferred by the Landlord-Seller to the Tenant-Buyer by a Bill of Sale in a form acceptable to the Tenant-Buyer's legal counsel. 5. Survey. Thirty days after the execution of this Purchase and Sale Agreement, the Landlord-Seller shall provide the Tenant-Buyer with a survey of the Property dated no more than six months prior to the date of execution. The Survey shall be completed at Landlord-Seller's sole cost and expense,by an Illinois licensed land surveyor, which survey shall comply with the requirements for an ALTA/ACSM land title survey (the"Survey"), prepared in accordance with the 2005 ALTA/ACSM Land Survey Standards for Urban Properties and containing Table A item numbers 1,2,3,4, 5,6, 10, 1 1(a)(b), 13, 14 and 16,for the benefit of Tenant-Buyer, and the Title Company. The Survey shall show all encroachments and the location of all easements affecting the Property. The Survey shall in all respects be acceptable to Tenant-Buyer and Tenant-Buyer's obligation to close on the Property is contingent upon approval of the Survey. In the event any unpermitted title exception rises on the Title Commitment furnished pursuant to this Contract, or if any recorded document, encroachment or any other objective survey defect appears, Landlord/Seller shall have thirty (30) days with which to correct said defective Title exception or Survey condition and tender the same to Tenant-Buyer in writing. Tenant-Buyer shall thereafter have fourteen(14)days to approve said remedial act. In the event that Seller and Tenant-Buyer cannot agree upon the corrective action, the parties shall negotiate a corrective sum of money in lieu of any termination of this agreement. 6. Title Insurance. On the Closing Date, Landlord-Seller shall at Landlord-Seller's expense cause the Title Company to issue Tenant-Buyer an ALTA 1992 Owner's Policy of Title Insurance ("Owner's Policy") covering the Property in the amount of the Purchase Price as it may have been adjusted showing fee simple title vested in Tenant-Buyer. The Owner's Policy shall include extended coverage over the general title exceptions, and include the following endorsements: (i) a zoning 3.0 endorsement; (ii) access and entry endorsement; (iii) comprehensive endorsement; and, (iv) such other endorsements as counsel for Tenant-Buyer shall reasonably request at Tenant-Buyer's expense. The Owner's Policy shall only be subject to (1) general real estate taxes not yet due or payable; and, (2)matters created by, through or under Tenant-Buyer. 7. Title. At Closing, Landlord-Seller shall cause to be conveyed to Tenant-Buyer good and indefeasible fee simple title to the Property by a Warranty Deed, free and clear of any and all deeds of trust, mortgages, or other liens or indebtedness, encumbrances, conditions, easements,rights-of-way, assessments and restrictions; except for the following: (a) General real estate taxes with respect to the Property which are not then due and payable; (b) Permitted exceptions,as determined to be acceptable to the Tenant-Buyer. 6-20_08 8. Closing. (a) The purchase and sale of the Property (the "Closing") shall occur at the office of the Title Company, or at another mutually agreeable location within forty-five(45) days of the date of this Purchase and Sale Agreement. (b) The Closing shall be affected through a "New York" style deed and money escrow with the Title Company. Landlord-Seller and Tenant-Buyer each agree to execute a GAP Affidavit in standard form as may be required by the Title Company. The cost of the deed and money escrow and/or New York style closing shall be divided equally between the Landlord-Seller and Tenant-Buyer. (c) At the Closing,Landlord-Seller shall execute and deliver to Tenant-Buyer by means of deposit into the escrow or otherwise,the following: (i) a Warranty Deed ("Deed') in recordable form conveying the Property to Tenant-Buyer, subject only to the matters set forth in paragraph 7; (ii) ALTA Statement executed by Landlord-Seller; (iii) Transfer Declarations; (iv) An affidavit C]?lRPTA Affidavit") in substantially the form attached hereto as Exhibit C; (v) Appropriate evidence of Landlord-Seller's authority to consummate the transactions contemplated by this Purchase and Sale Agreement. (vi) To the extent such are in Landlord-Seller's possession, copies of the most recent bills for taxes, or other items to be prorated which show the balance outstanding as of the Closing; (vii) An Affidavit of Title; (viii) The Title Policy, including endorsements, issued by the Title Company; and, (ix) Such other documents as may reasonably be requested to enable to consummate the transaction contemplated by this Purchase and Sale Agreement. (d) At the Closing, the Tenant-Buyer shall execute and deliver to the Landlord-Seller by means of deposit into the escrow or otherwise,the following: (i) The balance of the Purchase Price as may be adjusted, plus or minus proration; (ii) Appropriate evidence of Tenant-Buyer's authority to consummate the transactions contemplated by this Purchase and Sale Agreement. (iii) ALTA Statement executed by Tenant-Buyer; (iv) A Personal GAP undertaking,if required by the Title Company, (v) Such other documents as Landlord-Seller may reasonably request to enable Landlord-Seller to consummate the transaction contemplated by this Purchase and Sale Agreement. �-Zo -08 (e) The acceptance of the Deed by Tenant-Buyer shall be deemed to be full performance and discharge of every agreement and obligation on the part of Landlord-Seller hereunder, except those which are herein specifically stated to survive the delivery of the Deed, or which are specifically stated in any other closing document to survive the delivery thereof. (f) Tenant-Buyer's obligation to close the purchase of the Property is conditioned upon Seller's satisfaction of the Terms of this Purchase and Sale Agreement and Closing Contingencies identified in paragraph 16. 9. Prorations. The following items as relating to that portion of the Property not included in the Lease between the parties hereto shall be apportioned at the Closing: (i)payments under any service and/or other contracts; (ii) gas, electricity and other utility charges, if any, which shall be apportioned on the basis of the last meter reading; (provided, however, that if possible, the parties will endeavor to obtain a final reading for Landlord-Seller's account and establish a new account for Tenant-Buyer); (iii) real estate taxes not yet due and payable based on 110% of the last ascertainable tax bill; and, (iv) other operating expenses, if any, of the Property incurred during the month in which the Closing occurs, if any. In making such apportionments,Tenant-Buyer shall be responsible for taxes and other expenses incurred the day after the Closing. All real estate taxes covering the Premises(as defined in the Lease) shall also be prorated as of the date of the Closing based upon 100% of the last ascertainable tax bill. All such apportionments shall be subject to post-closing adjustments as necessary to reflect later relevant information not available at the Closing and to correct any errors made at the Closing with respect to such apportionments; provided, however, that such apportionments (other than for real estate taxes) shall be deemed final and not subject to further post-closing adjustments if no such adjustments have been requested after a period of ninety(90)days from such time as all necessary information is available to make a complete and accurate determination of such apportionments and such apportionments shall in any event be deemed final and not subject to Rather post-closing adjustment after ninety (90) days following the Closing. The provisions, promises and obligations of this paragraph shall survive Closing and delivery of the Deed. 10. Closing Costs. (a) All attorney's fees and expenses of counsel shall be born by the party utilizing such counsel; (b)the cost of the Survey, shall be borne by Landlord-Seller; (c) the cost of the Title Commitment and the Owner's ALTA Title Insurance Policy, shall be borne by Landlord-Seller(d) the cost of extended coverage and all other endorsements to the Owner's Policy required by Tenant-Buyer, shall be born by Landlord-Seller; (e) recording fees for the deed shall be born by Tenant-Buyer; (f) state, county and any municipal transfer taxes, if any, shall be borne by Landlord-Seller; and, (g) recording fees for release deeds, shall be borne by Landlord-Seller, all other transaction costs actually incurred, including, without limitation, any escrow and other charges of the Title Company shall be equally divided between Landlord-Seller and Tenant-Buyer. 11. Broker Commissions and Fees. Tenant-Buyer has not been represented by a real estate broker in this transaction. Any real estate commission occasioned by the execution and/or consummation of this Contact shall be the sole responsibility of the party contracting therefore, and such party agrees to indemnify, protect, defend and hold harmless the other party from any and all claims for such real estate commissions. Landlord-Seller represents and warrants that it 1 ,Fl U *UJ (-20-08 has not retained, agreed to pay, or has been represented by a real estate broker in this transactions. 12. Representations and Warranties. (a) Landlord-Seller's Representations and Warranties. Landlord-Seller represents and warrants to Tenant-Buyer that the following matters are true and correct as of the date hereof and Landlord-Seller's representations and warranties shall be remade at Closing: (i) There are no contracts or agreements of any kind relating to the Property, except those"Service Contracts"listed on Exhibit D hereto. (ii) Landlord-Seller has not received from any governmental authority notice of any violation of any environmental statute, ordinance, rule or regulation applicable to the Property, or any part thereof, that has not been cured or removed. (iii) There are no pending (or to Landlord-Seller's knowledge, threatened) judicial or administrative proceedings affecting the Property or in which Landlord-Seller is or will be a party by reason of Seller's ownership or operation of the Property or any portion thereof, including, without limitation, proceedings for or involving collections, condemnation, or environmental violations, or personal injuries or property damage alleged to have occurred on the Property or by reason of the condition, use of, or operations on the Property. (iv) Landlord-Seller has good and marketable fee simple title to the Property free and clear of all liens, covenants, conditions, restrictions, rights-of- way, easements and encumbrances of any kind or character whatsoever, except as disclosed in the Title Commitment, Survey, this Purchase and Sale Agreement and other matters that will and/or can be eliminated at or prior to Closing. There are currently no existing executory contracts, leases, options, or agreements executed by the Landlord-Seller, or of which the Landlord-Seller has knowledge which relate to or affect the Property, except this Purchase and Sale Agreement and as otherwise disclosed herein or as approved by the Tenant Buyer. Between the date hereof and the Closing date,Landlord-Seller shall not execute or enter into any leases or contracts of any kind with respect to the Property or any part thereof which may affect any right,title,interest or claim of the Landlord- Seller therein without the prior written consent of the Tenant-Buyer. (v) There are no other parties in possession of any portion of the Property as lessees,tenants at sufferance,trespassers,or otherwise. (vi) To Seller's knowledge,the Property contains no underground structures or tanks. If at or prior to the Closing, Landlord-Seller obtains knowledge that any of the representations or warranties made herein by Landlord-Seller are untrue, inaccurate or incorrect in any material respect, Landlord-Seller shall give Tenant-Buyer written notice thereof within five (S) business days of obtaining such knowledge(but,in any event,prior to the Closing). Landlord-Seller shall have the right to cure such misrepresentation or breach, then Tenant-Buyer may elect either: (a) to waive such misrepresentations or breaches of warranties and consummate the transaction 1 7C,Q� �-Zo-og contemplated hereby without any reduction of or credit against the Purchase Price as may have been adjusted; or, (b) to terminate this Purchase and Sale Agreement by written notice given to Seller on the Closing, in which event this Purchase and Sale Agreement shall be terminated, Landlord-Seller shall waive any penalty due to it pursuant to the Lease for the failure in the part of the Tenant-Buyer to execute and close on its Option to Purchase and shall reimburse all costs incurred by Tenant-Buyer in connection with this Purchase and Sale Agreement and, thereafter, neither party shall have any further rights or obligations hereunder except as provided in any paragraph hereof that by its terms expressly provides that it survives any termination of this Contract. The representations and warranties made by Landlord-Seller in this Paragraph 12(a) shall survive the Closing and delivery of the Deed. (b) Tenant-Buyer's Representations and Warranties. Tenant-Buyer hereby represents and warrants to Seller as follows: (i) Purchaser is duly organized, validly existing and qualified and empowered to conduct its business, and has full power and authority to enter into and fully perform and comply with the terms of this Purchase and Sale Agreement; (ii) neither the execution and delivery of this Purchase and Sale Agreement nor its performance by Tenant- Buyer will conflict with or result in the breach of any contract,agreement, law,rule or regulation to which Tenant-Buyer is a party or by which Tenant-Buyer is bound; and(iii)this Purchase and Sale Agreement is valid and enforceable against Tenant-Buyer in accordance with its terms and each instrument to be executed by Tenant-Buyer pursuant to this Purchase and Sale Agreement or in connection herewith will, when executed and delivered, be valid and enforceable against Tenant-Buyer in accordance with its terms. 13. Landlord-Seller's Conduct Pending Closing. From and after the date of this Purchase and Sale Agreement through Closing: (a) Landlord-Seller shall keep in full force and effect all insurance with respect to damage or injury to persons or property occurring on the Property in amount and scope of coverage and deductible amount which are the same or better than that which it has previously maintained; (b) After the date of this Purchase and Sale Agreement, Landlord-Seller shall not amend or cancel any contracts affecting the Property without, in each such instance,obtaining the prior written consent of Tenant-Buyer; (c) After the date of this Purchase and Sale Agreement, Landlord-Seller shall not hereafter contract for any services, or make or enter into any new leases, commitments or obligations which will bind Tenant-Buyer with respect to the Property,without obtaining the Tenant-Buyer's prior written consent; (d) After the date of this Purchase and Sale Agreement, Landlord-Seller shall not waive or release any material right which would otherwise accrue to Tenant-Buyer after Closing. 1 6,-20-o g 14. Time of Essence. Time is of the essence to both Landlord-Seller and Tenant- Buyer in the performance of this Purchase and Sale Agreement. 15. Purchase and Sale Agreement and Closing Contingencies. Notwithstanding anything to the contrary contained herein, this Purchase and Sale Agreement and the Closing contemplated herein are contingent upon the following conditions precedent (which may be waived by Tenant-Buyer in writing,in Tenant-Buyer's sole and absolute discretion): (a) All the representations and warranties of Landlord-Seller set forth in this Purchase and Sale Agreement being true and correct, except as otherwise stated herein, on the Closing Date, and Landlord-Seller shall have complied with all the covenants and agreements of Landlord-Seller set forth herein. (b) There shall be no material change in the substantive matters reflected on the Title Commitment from those matters appearing therein on the date thereof(except for those changes requested by Tenant-Buyer in its notice of Title Defects), and no encumbrance or Title Defect shall affect the Property except utility easements and such Liens that shall be released at the Closing. (c) That there be no material adverse change (including but not limited to a physical change) in the condition of the Property following the execution of this Purchase and Sale Agreement until the Closing. 17. Notice. Each Notice ("Notice') provided for under this Contract must comply with the requirements of this paragraph. Each Notice shall be in writing and sent by depositing it with the United States Postal Service or any official successor thereto, certified or registered mail, return receipt requested, with adequate postage prepaid, or with a nationally recognized. Overnight courier service which obtains receipts, or by facsimile transmission addressed to the appropriate party(and marked to a particular individual's attention if so indicated) as hereinafter provided. Each Notice shall be effective upon being so deposited, but the time period in which response to any Notice must be given or any action taken with respect thereto shall commence to run from the date of receipt of the Notice by the addressee thereof, as evidenced by the return receipt or facsimile conformation. The addresses of the parties hereto shall be as follows: Notice to Landlord-Seller Walker Custom Homes, Inc. 62 Woodland Yorkville,IL 60560 Notice to Tenant-Buyer United City of Yorkville 800 Game Farm Road Yorkville,Illinois 60560 1 '24f& (o-2,O_ g 18. Counterpart Execution. This Purchase and Sale Agreement may be executed in separate counterparts. It shall be considered as fully executed when each party whose signature is required has signed at least one counterpart, even though no one counterpart contains the signatures of all the parties. 19. Severability. In the event any provision of this Purchase and Sale Agreement is held illegal or unenforceable, the remaining provisions of this Purchase and Sale Agreement shall not be affected thereby. 20. No Waiver. The waiver of a breach of any provision of this Purchase and Sale Agreement by Landlord-Seller or Tenant-Buyer or the failure of Landlord-Seller or Tenant- Buyer otherwise to insist upon the strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 21. Entire Agreement;Amendment. This Purchase and Sale Agreement, including all Exhibits hereto and the Lease, embodies the entire agreements between Landlord-Seller and Tenant-Buyer relating to the subject matter hereof and supersedes any and all other previous agreements, written or oral, between Landlord-Seller and Tenant-Buyer relating to the subject matter hereof. No amendment or modification of the terms of this Contract shall be binding upon Landlord-Seller and Tenant-Buyer unless reduced to writing and signed by duly authorized representatives of Landlord-Seller and Tenant-Buyer. 22. Compliance. Landlord-Seller and Tenant-Buyer agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Real Estate Settlement Procedures Act. 23. Governing Law. This Purchase and Sale Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois as to interpretation, enforcement,validity, construction, effect and in all other respects. IN WITNESS WHEREOF, the parties have executed this Purchase and Sale Agreement on the date first written above. LANDLORD TENANT Walker Custom Homes,Inc., an Illinois corporation United City of Yorkville,Kendall County, Illinois, an Illinois municipal corporation By: By: President Mayor Valerie Burd Attest: Attest. City Clerk AL;W�qlt 1 4-20-o8 Exhibit E FAMILY MEMBER USE LIST Ron&Sue Walker,Their children, future spouses &children, Ashley Amanda(employee) &Jim Hopkins Kirsten(employee) Ron's Parents: Carol Walker Paul&Pat Walker Siblings Terry&Kara Walker, sons Jake and Cory Dave&Teresa Walker,and Jonah Sue's Siblings: Patty&Bill Brown,Matt&Jen Brown(Kendra) Mike&Bev Resner,Mickey, Sandy,Mary&Marty (O-to-109 FY 2009 FY 2010 FY 2011 FY 2011 FY 2012 � FY 2013 FY 2014 Account Description Actual Actual Budget Actual Adopted Projected Projected REC Center 80-000-44-00-4440 PROGRAM FEES 121,406 123,073 125,000 130,50 125,000 ® 125,000 125,000 80-000-44-00-4441 CONCESSION REVENUE 8,372 12,915 12,500 14,692 12,500 - 12,500 12,500 80-000-44-00-4444 MEMBERSHIP FEES 321,099 387,975 410,000 418,685 410,000 - 410,000 410,000 80-000-44-00-4445 GUEST FEES 7,517 4,303 3,500 7,072 3,500 - 3,500 3,500 80-000-44-00-4446 SWIM CLASS FEES 17,060 30,949 35,000 27,013 35,000 35,000 35,000 80-000-44-00-4447 PERSONAL TRAINING FEES 11,576 12,603 15,000 8,055 15,000 15,000 15,000 80-000-44-00-4448 TANNING SESSION FEES 2,817 2,590 2,500 2,072 2,500 2,500 2,500 80-000-48-00-4820 RENTAL INCOME 4,698 4,056 3,000 7,103 5,000 5,000 5,000 80-000-48-00-4845 DONATIONS 3,447 3,176 2,000 3,170 2,000 2,000 2,000 80-000-48-00-4850 MISCELLANEOUS INCOME - 1,400 500 1,591 500 500 500 80-000-49-00-4972 TRANSFER FROM LAND CASH 100,000 - - - - - - REVENUES 597,992 583,040 609,000 620,018 611,000 611,000 611,000 80-800-50-00-5010 SALARIES AND WAGES 27,886 34,068 33,543 33,542 34,200- 34,200 34,200 80-800-50-00-5015 PART-TIME SALARIES 90,600 101,640 98,000 96,666 98,000 - 98,000 98,000 80-800-50-00-5020 OVERTIME 953 - 500 - 500 500 500 80-800-50-00-5046 PRE-SCHOOL WAGES 35,781 22,644 35,000 38,362 35,000 35,000 35,000 80-800-50-00-5052 INSTRUCTORS WAGES 59,912 52,734 65,000 56,418 65,000 65,000 65,000 80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTION 4,088 8,804 10,000 11,529 10,000 10,000 10,000 80-800-52-00-5214 FICA CONTRIBUTION 15,658 16,034 17,658 17.074 17,708- 17,708 17,708 80-800-54-00-5412 TRAINING&CONFERENCES 660 - - - - - 80-800-54-00-5415 TRAVEL AND LODGING 157 - 200 - 200- 200 200 80-800-54-00-5426 PUBLISHING&ADVERTISING 859 1,478 1,500 732 1,500 1,500 1,500 80-800-54-00-5440 TELECOMMUNICATIONS 2,051 2,357 2,350 4,379 3,600- 3,600 3,600 80-800-54-00-5447 SCHOLARSHIPS - 216 900 389 900- 900 900 80-800-54-00-5452 POSTAGE&SHIPPING 73 180 600 - 600- 600 600 80-800-54-00-5462 PROFESSIONAL SERVICES 7,152 22,433 17,700 32;851 17,700- 17,700 17,700 80-800-54-00-5480 UTILITIES 42,628 46,796 39,000 54;117 49,000- 49,000 49,000 80-800-54-00-5485 RENTAL&LEASE PURCHASE 177,131 214,558 220,500 215,000 226,500- 232,500 238,500 80-800-54-00-5490 DUES AND SUBSCRIPTIONS 174 89 200 - 200 200 200 80-800-54-00-5495 OUTSIDE REPAIR AND MAINTENANCE 26,691 20,012 21,200 13,627 21,200 21,200 21,200 80-800-54-00-5496 PROGRAM REFUNDS 3,840 7,837 5,500 8,473 5,500 5,500 5,500 80-800-54-00-5497 PROPERTY TAX PAYMENT - 26,320 53,000 $3,680 53,680 53,680 53,680 80-800-56-00-5600 WEARING APPAREL - - - - - - 80-800-56-00-5606 PROGRAM SUPPLIES 18,631 19,119 17,000 11,676 17,000 17,000 17,000 80-800-56-00-5607 CONCESSION SUPPLIES 5,234 11,615 6,300 10,029 6,300 6,300 6,300 80-800-56-00-5610 OFFICE SUPPLIES 5,045 2,383 2,600 1,730 2,600 - 2,600 2,600 80-800-56-00-5620 OPERATING SUPPLIES 7,332 5,330 6,200 4,543 6,200 6,200 6,200 80-800-56-00-5630 SMALL TOOLS&EQUIPMENT 6,678 4,100 6,300 5,523 6,300 6,300 6,300 80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE 22,278 3,178 3,200 3,180 1,000 1,000 1,000 80-800-56-00-5640 REPAIR AND MAINTENANCE 14,184 9,355 11,000 9,768 11,000 11,000 11,000 80-800-56-00-5645 BOOKS AND PUBLICATIONS 105 - 50 - 50 50 50 80-800-56-00-5695 GASOLINE - 300 300 300 300 80-800-60-00-6020 BUILDINGS AND STRUCTURES 99,837 - - - - - - EXPENDITURES 675,617 633,279 675,301 687,290 691,738 697,738 703,738 SURPLUS(DEFICIT) (77,625) (50,240) (66,301) (67,272) (80,738) (86,738) (92,738) FUND BALANCE (77,579) (127,819) (1439880) (195,091) (308,434) (395,172) (487,910) UNITED CITY OF YORKVILLE BUDGET REPORT FOR THE PERIOD ENDING NOVEMBER 30,2011 .tCTt Al-S BY';MQ[NT11(Gush lluslO .-.e1F J•Ytu�!Si:U• ,�". !'°_ _`9"',. i?": �'_"'. 3'dY';. .i,Y:'r Vtai•-f�Dme I ANNUAL 1%i")lllvl•N1.m"R 1JESCRIPTIOIN 11yg-I1 J=n 11 Ally-11 1musl-11 Sc trmllvr-11 Omber-11 Nomtxr--11 Camin BL`DCET /of linal�er RECREATION CENTER REVENUES 80-000-44-00•.4441) PRO GRAM FEFS 7,814 4,553 2,680 9,804 7,313 6,771 13,391 ^2 ;7� 125,11110 41.86% 80-000-44-00-4441 CONCESSION REVENUE 975 900 813 868 704 602 643 5,504 12,500 44.03% 80-000-44-00-4444 MEMBERSHIP FEES 42,167 41,211 36,594 36,534 36,527 35,059 37,103 265,195 410,000 64.68% 80-000-44-00-4445 GUEST FEES 580 723 776 518 598 601 696 4,492 3,500 128.34% 80-000-44-00-4446 SWIM CLASS FEES 5,577 6,106 2,744 2,472 1,136 874 1,164 20,073 35,000 57.35% 80-000-44-00-4447 PERSONAL TRAINING FEES 336 816 308 1,044 - 36 52 2,592 15,000 17.28% 80-000-44-00-4448 TANNING SESSION FEES 575 129 160 108 115 70 123 1,280 2,500 51.20% 80-000-48-00-4820 RENTAL INCOME 6 31 299 174 1,118 2,049 1,106 4,782 5,000 95.64% 80-000-48-00-4845 DONATIONS 230 - - 295 - - 135 660 2,000 33.00% 80-000-48-00-4850 MISCELLANEOUS INCOME 37 32 5 17 6 22 1 118 500 23.60% TOTAL REVENUES:RECREATION CTR REVENUES 58,296 54,501 44,378 51,834 47,517 46,083 54,413 357,022 611,000 58.43% RECREATION CENTER EXPENSES 80-800-50.00.5010 SALARIES&WA(TES 2,631 4,509 2,000 2,000 3,000 2,000 2,000 18,140 34,200 53.04% 80-800-50-00-5015 PART-TIME SALARIES 7,934 8,337 6,533 6,872 1.0,009 6,037 6,688 52,409 98,000 53.48% 80-800-50-00-5020 OVERTIME - - - - - - - - 500 0.00% 80-800-50-00-5046 PRE-SCHOOL WAGES 4,092 105 86 148 4,710 3,335 3,271 15,746 35,000 44.99% 80-800-50-00-5052 INSTRUCTORS WAGES 3,555 4,350 4,488 5,394 6,351 2,940 4,680 31,758 65,000 48.86% 80-800-52-00-5212 RETIREMENT PLAN CONTRIBUTIOT 1,043 956 562 504 1,038 737 1 856 5,696 10,000 56.96% 80-800-52-00-5214 FICA CONTRIBUTION 1,382 1,318 1,003 1,107 1,849 1,103 1,281 9,042 17,708 51.06% 80-800-54-00-5415 TRAVEL&LODGING - - - - - - - 200 0.00% 80-800-54-00-5426 PUBLISHING&ADVERTISING - - - - - - - 1,500 0.00% 80-800-54-00-5440 TELECOMMUNICATIONS 394 358 363 369 (230) 242 1,495 3,600 41.54% 80-800-54-00-5447 SCHOLARSHIPS - - - - - - - 900 0.00% 80-800-54-00-5452 POSTAGE&SHIPPING - - - - - - - - 600 0.00% 80-800-54-00-5462 PROFESSIONAL SERVICES 853 3,090 1,553 1,064 868 922 681 9,031 17,700 51.03% 80-800-54-00-5480 UTILITIES - 3,746 3,657 5,388 4,135 123 6,220 23,270 49,000 47.49% 80-800-54-00-5485 RENTAL&LEASE PURCHASE 36,198 18,198 19,050 18,698 18,764 18,581 18,765 148,255 226,500 65.45% 80-800-54-00-5490 DUES&SUBSCRIPTIONS - - - 114 - - - 114 200 57.20% 80-800-54-00-5495 OUTSIDE REPAIR&MAINTENANC - 361 447 - - - 808 21,200 3.81% 80-800-54-00-5496 PROGRAM REFUNDS 318 664 434 693 133 333 436 3,010 5,500 54.73% 80-800-54-00-5497 PROPERTY TAX PAYMENT 30,751 - 30,751 - - - - 61,503 53,680 114.57% 80-800-56-00-5606 PROGRAM SUPPLIES 37 611 1,307 307 935 826 3,976 7,998 17,000 47.05% 80-800-56-00-5607 CONCESSION SUPPLIES - 889 468 879 238 251 534 3,258 6,300 51.71% 80-800-56-00-5610 OFFICE SUPPLIES 37 46 158 - 75 427 743 2,600 28.58% 80-800-56-00-5620 OPERATING SUPPLIES 287 270 1,330 296 519 990 519 4,210 6,200 67.91% 80-800-56-00-5630 SMALL TOOLS&EQUIPMENT - - - - - - - - 6,300 0.00% 80-800-56-00-5635 COMPUTER EQUIPMENT&SOFTWARE - - - - 1,000 - 1,000 1,000 100.00% 80-800-56-00-5640 REPAIR&MAINTENANCE 362 327 996 195 318 119 2,318 11,000 21.07% 80-800-56-00-5645 BOOKS&PUBLICATIONS - - - - - 50 0.00% 80-800-56-00-5695 (;ASOi 1Ni-- - 44 81 84 72 282 300 93.84% TOTAL.FUND REVEaNtIES 58.396 54.5141 44,.178 :1,8.3:1 471,17 46,083 54.413 357.022 611.018) 58.43 TOTAL Rl-N l LXPENSES 89,079 47,882 74-194 45,51=1 53.18,1 39„431 50,695 400,087 691,738 57,81 FUND SURPLUS IBE lCi I1 (30,783) 6.620 1 63201 1 (5,667)1 6.744 1 3,718 0 (43,065)L (80,738) REC, C-e Parks & Recreation ninnn Ompnt Hicztnry Haw did we get to the REC Center? Community Center 1977 - The Park Commission and the Human Resource Commission jointly formed a Community Center Committee as an advisory commission to the City Council. 1979 - Beecher Community Center 1988 The Recreation Board was created by an ordinance established by the City Council to oversee the development of the park and recreation facilities and services. Mission Statement To create unique recreational and park experiences that enrich lives and create a sense of community. The Yorkville Parks and Recreation Department strives to: respond to the leisure needs and desires of the Yorkville community. implement the Parks and Open Space Master Plan. plan, acquire, develop, maintain, and preserve parks, facilities, and natural and historic areas. provide the community with opportunities to play, gather, celebrate, learn and enjoy nature. utilize financial resources efficiently and equitably. -:r A 2002 - Administration Offices Management staff offices. Ir •i11 "v All other staff was at the Beecher Center. o- 2002 — Department reorganized Director Superintendent of Superintendent of Parks Recreation Foreman Administrative Recreation Assistant Coordinator Operator Maint. Maint. Maint. Maint. Worker Worker Worker Worker r s 2004 - Off ices The Recreation Department moved from the Beecher Center to office space on the south side of town (rental at Kramer building)to make room for senior - programming at the Beecher Center. _ Recreation programming space was used at a local church(Congregational) and school(Pa rkview) and school gyms. 2005 -- Staff i ng Director Superintendentof Superintendent of Parks Recreation Foreman Administradw Recreation (]Fiice Rzereatic+n Recreation Assistant Coordinator Super+^isor Coordinator Coordinator Operator Maint. Maint. Maint. Maint. Maint. Maim. Maint. Worker Worker Worker Worker Worker Worker Worker 2006 — Pre-school -bu.il-d.ing 2007 — Administration Offices ........... 2007 — Building Inspectors Building inspector offices . and plan storage. I r- r7�� Survey Results The Survey was published in February 2008, which included the following top five (5) items that City residents wanted from the Parks and Recreation Department (in this order): 1) Paved bike trails 2) Outdoor recreational pool 3) Facility dedicated to fitness and wellness 4) Indoor recreational pool 5) Recreation Center with gym and instructional rooms *Special note:#8 was a Teen Center. 1 — - ---- 2008 - REC C • Club 47 was leased by the Recreation Department, with the name changed to REC Center. - 2009 Director Superintendentof Superintendentof Parks Recreation Recrmstion M1 v agv r Admin. Rec ion OFfice Recreation Recreation it(.c+ rar Foreman Asst. CO( c r Coordinator Coordinator }a`iait' Operator Maint. Maint. Maint. Maint. Maint. Maint. Maint. Worker Worker Worker Yorker Worker Worker Worker 2010 Director Superintendentof Superintendentof Parks Recreation Recreation Manager n. Office Rm- ion Recreation RECCenter Foreman s Supervisor Cm i rtor Coordinator Facility Coordinator Operator Maint. Maint. Maint. Maint. Maint. Maint. t. Worker Worker Worker Worker Worker Worker or Yom. 2011 Director Superintendent of Superintendentof Parks Recreation ecreater n er x Foreman Office L0 ,din,to,ecreation RECCenter Supervisor o Facility Coordinator Operator Maint. Maint. Maint. Maint. Maint. Maint. Maint. Worker Worker Worker Worker Worker Worker Worker f. Leased buildings (until June 2013) Ilk�r r Recreation buildings Offices and programming facility C+�1■r WIN - . Programming facility Rpnt- Analysis Pre-REC Center Rent vs. Current Rent Pre- REC Center The last office rental occurred in 2007 (Kramer bldg). Cost of office and programming rentals: • Office Space: $18,000/year or $1,500/month. • Parkview School (Recreation Programming): $15,000/year or $1,250/month. • Congregational Church (Preschool): $5,400/year or $450/month Total: $38,400/year or $3,200/month, with no utilities paid by the Parks & Recreation budget. - i REC Center Current lease payment: $18,500/month for a total of$220,000/year. After adding in all other revenues and expenses from REC Center, budget outcome last year was $60-70,000 deficit/rental fee or$5,833 monthly deficit/rental fee. This rent pays the following: All recreation indoor programming space—pool,gym,studio,etc. Preschool Staff Offices Utilities Part-time Staff Taxes Using the numbers from this fiscal year, we expect the deficit to be between $30,000-$40,000 for FY 2012 at monthly rental fee of$3,333. OEM Effect on 79 Budget Program enrollments in general recreation budget are up by $45,000 over last year. * We expect this to continue to increase throughout the year. If there is a change in facilities we expect to lose that amount or more in the first few years of the change until we are re-established at our new "home,". Are we reducing the deficit? More programs on a smaller transfer? REC Center Budget Overall Thru Nov. 2010 Thru Nov. 2011 All Revenue $337,746 $357,021 All Expenses $428,083 $400,086 Budget surplus (deficit) ($90,337) ($43,064) Total memberships 977 1467 Budget Projections Actual December 2010: ($86,917) Projected December 2011: ($40,000) Actual January 2011: ($85,504) Projected January 2012: ($39,000) Actual February 2011: ($78,221) Projected February 2012: ($37,000) pop Revenue — 79 Budget Revenue thru November 2010 2011 Program Revenue $72,127 $117,230 Rentals, Donations $12,384 $69,049 ~ Transfer to Parks & Recreation Not REC Center 2005-2006: $755,908 2006-2007: $1,015,107 (120 classes/programs) 2007-2008: $1,161,778 2008-2009: $1,080,348 2009-2010: $969,500 2010-2011: $951,890 2011-2012: $7321708 (249 classes/programs) REC Center Staff We have on staff between 35-40 part-time employees at a given time, approximately 30 of them are Yorkville residents. We have 15 part-time recreation employees operating the front desk, maintenance staff, and running the Kidz Club. The other 20-25 employees run programs that are included in the Recreation budget such as Preschool or are paid out of the specific program line item such as Fitness and Swim Instructors. yam- Lease agreement The current lease agreement will expire on June 30, 2013. The City Council is required to notify the property owner of their intent to renew the lease or not by December 31, 2011. City has option for another 5-year lease term The lease notification has been placed on the City Council Agenda on December 13, 2011 for a vote. - Lease agreement Whether the City renews the lease or not, the facility will definitely be managed by the City through June 30, 2013. The City does have the option to purchase the building, at any time. -goo Contact information Mayor—Gary J. Golinski, ggolinski @comcast.net Alderman Ward 1 George Gilson—gilsonward1 @comcast.net Carlo Colosimo—yorkvilleone @gmail.com Alderman Ward 2 Larry Kot—Ikot @yorkville.il.us Jackie Milchewski—jackie2ward@sbcglobal.net Alderman Ward 3 Chris Funkhouser—fun khouser.ward3@gmail.com Marty Munns— MunnsPower @aol.com Alderman Ward 4 Rose Spears— RoseA00 @aol.com Diane Teeling—diane—teeling @yahoo.com