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Park Board Packet 2011 01-13-11 Yorkville Parks & Recreation Department Administration Office - 201 W. Hydraulic St Yorkville, IL 60560 630-553-4357 Park Board Meeting Agenda Parks and Recreation Administration Office 7:00 p.m. January 13, 2011 Call to Order: Roll Call: Ken Koch, Debbie Horaz, Kelly Sedgwick, Vickie Coveny, Seaver Tarulis, Amy Cesich, Mark Dilday Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation — Bart Olson, Recreation Manager—Tim Evans, Superintendent of Parks—Scott Sleezer, Park Designer— Laura Schraw, City Council Liaison to Park Board —Diane Teeling, Ward 4 Alderman Public Comment: Presentations: Approval of Minutes: December 16, 2010* Bills Review: Bill list* Old Business: Riverfront Building RFPs Strategic planning New Business: Bid results—fencing at Raintree Park B Bid results—surfacing at Raintree Park B Office building use Reports: Director's Report Recreation Report Parks Report Parks Designer Report Additional Business: Executive Session: Adjournment: Next meeting: Thursday, January 27, 2011 *Items needing Board approval or recommendation Yorkville Parks & Recreation Department Administration Office - 201 W. Hydraulic St Yorkville, IL 60560 630-553-4357 Park Board Meeting Parks and Recreation Administration Office 7:00 p.m. December 16, 2010 Call to Order: Ken Koch called the meeting to order at 7:10 p.m. Ken welcomed new board member, Amy Cesich. Roll Call: Ken Koch —Yes; Kelly Sedgwick—yes; Seaver Tarulis—Yes; Amy Cesich —Yes Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation — Bart Olson Recreation Manager—Tim Evans Park Designer— Laura Schraw City Council Liaison to Park Board — Diane Teeling, Ward 4 Alderman Guests: Jeff Brown —The Yak Shack, Sugar Grove David Rushton — Geneva Kayak Center Ryan Rushton — Geneva Kayak Center Scott Fairly— Geneva Kayak Center Public Comment: Jeff Brown, The Yak Shack in Sugar Grove, and Ryan Rushton, Geneva Kayak Center, gave a summary of their qualifications and outlined their proposals requesting lease of the Riverfront Building at 301 E Hydraulic Street as follows: Jeff Brown —Yak Shack, LLC • Lease o Monthly rent of$300 0 5% of gross revenues o Maximum total payment to the City capped per month at $1,200 • Background o Has run kayak instruction classes at the REC Center pool for the past year, to successful turnout and reviews • Services offered • Rental of inflatable "fun yaks" • Sell packaged food items • Provide restrooms, changing facilities, and minor cleanup of the facility. • Additional comments • Would give Yorkville good service • Currently operating out of his home—teaching kayak lessons in REC Center. Has been an existing contractor to the City of Yorkville. • Would bring on more instructors. Ratio of 5 students to 1 instructor. • Install laminate flooring in changing rooms Park Board Meeting December 16, 2010 Page 2 of 6 Ryan Rushton — Specialty Expeditions, Inc, DBA Geneva Kayak Center • Lease o Monthly rent of$250 per month 0 5% of gross revenues on retail 0 20% of gross Receipts on instructional programs, rentals, and guided tours • Background • Manage and run the Geneva Kayak Center in Geneva, IL. Geneva Kayak has been doing business for the last 5 years; originally opened up as an outfitter • Resumes for owner and manager are in the agenda packet • Services offered: • Sea kayaks, whitewater kayaks, canoes, rafting and tubing rentals • Guided tours on area rivers and Lake Michigan • Set up course webcam • Golf cart boat shuttles form the bottom to the top of the facility • Offering to partner with freestyle and slalom competitions and Paddlesports Festival • Additional comments • They are looking for a new location which coincides with opening of new facility in Yorkville. • Excellent safety Record; swift water rescuers; offered training to city and fire dept • Have built a customer base in Geneva and would bring that customer base to Yorkville. • Would offer kayak symposiums — kayak trips — all instructors are certified. • Would be moving completely from Geneva to Yorkville Bart Olson asked whether Geneva Kayak would change their name once they were situated in Yorkville. He advised that whichever business does not get the prime location in the park, that there are other locations in the downtown area for shops. Bart will contact both businesses and arrange a tour of the Riverfront building. Members thanked both business owners for their interest and indicated they would review the proposals and discuss them with board members not present. Presentations: None Approval of Minutes: Park Board meeting — November 18, 2010* Ken Koch asked for a motion to approve the meeting minutes of November 18, 2010. Kelly Sedgwick made the motion and Seaver Tarulis seconded the motion. The motion was unanimously approved by voice vote. Park Board meeting — December 2, 2010* Ken Koch asked for a motion to approve the meeting minutes of December 2, 2010. Seaver Tarulis made the motion and Kelly Sedgwick seconded the motion. The motion was unanimously approved by voice vote. Park Board Meeting December 16, 2010 Page 3 of 6 Bills Review: Bill list* Members reviewed the bills list. Ken explained the bill procedure to the new board member and requested she complete a bank signature card to enable her to sign checks. Members had a question regarding the bill to Fox Valley Trading Co. for shirts. Tim Evans reported that this was for the Chili Chase and that participants pay a fee which covers the cost of the shirts. He indicated there were 403 runners. Ken Koch asked for a motion to approve the bills list. Kelly Sedgwick made the motion and Seaver Tarulis seconded the motion. The motion was approved by roll call vote: Ken Koch —Yes; Seaver Tarulis —Yes; Kelly Sedgwick— Yes; Amy Cesich —Yes. Old Business: None New Business: Election of officers* Ken Koch advised that currently Chris Rollins was president and Ken was vice president— now Chris is no longer a board member. Bart Olson explained the duties of each officer. The following slate of officers was recommended: • President— Ken Koch • Vice President— Deb Horaz • Secretary— Kelly Sedgwick A roll call vote was taken: Ken Koch —Yes; Seaver Tarulis —Yes; Kelly Sedgwick—Yes; Amy Cesich —Yes. All were in favor. November 2010 Budget Report Members reviewed the November 2010 budget report. Bart Olson reviewed the REC Center five- year lease agreement. He indicated we are in the third year of the lease and are requesting a reduced lease payment. Members discussed the revenue and expenses of the REC Center and Bart advised that as the lease draws to a close, memberships would be on a month-to-month basis. Bart advised the park board is doing well budget wise and that, statistically, the best months are January and February. Riverfront Park use agreement—Albin and Sons* Bart Olson reviewed the proposal from Albin and Sons, the contractor currently working on the dam bypass construction material removal at the Riverfront Park. There is a large mound of gravel east of the Riverfront Building that Albin and Sons would like to store, crush, and remove throughout the course of 2011. Under the IDNR's contract, they are required to move the material from the park immediately upon completion of the current phase of the project (imminent). In return for allowing Park Board Meeting December 16, 2010 Page 4 of 6 them to temporarily house gravel in our park, they have agreed to provide free base material for our future parking lot. Additionally, they have agreed to provide at-cost unit pricing for completion of the parking lot (through paving). The estimated value of the free base material is between $40,000 and $50,000. The estimated cost of paving the parking lot is between $60,000 and $80,000, depending on the final design of the parking lot and size. Members discussed that because crushing stone is noisy, that hours of operation should be put in the agreement. Bart indicated that they expect to be out in June or July 2011, and if they still had stone on site, they would leave it for our use. Ken Koch asked for a motion to approve the Albin and Sons proposal. Amy Cesich made the motion and Kelly Sedgwick seconded the motion. The motion was unanimously approved by voice vote. The recommendation will go to City Council. Bart advised that the OSLAD grant application which the City approved for this parking lot was denied by the IDNR a week ago. Therefore, no state money will be coming via the OSLAD grant program this year. There is a limited pool of TIF money that could be used to pay for the parking lot paving. Riverfront Building concession-lease proposals* Members discussed the two proposals at length. It was noted that whoever did not get the prime property lease could go into another building in Yorkville. Members wanted more time to review the proposals as well as get input from new members and members not present. This item will be brought back to the January 13, 2011, meeting for further discussion and recommendation to the City Council. Ken encouraged the board members to go through the riverfront building. He noted the building is 700 square feet. Whitewater Recreational Facility signage Informational item — Members reviewed signage submitted by the IDNR for installation at the whitewater facility. Wheaton Woods cell tower lease agreement* Members reviewed the draft lease agreement for a cell-tower at Wheaton Woods Park. This is a 5- year lease. A Verizon Wireless consultant approached City staff a few months ago with interest in siting a cell-tower in the area around FE Wheaton ProBuild. There are two City parks in the area, Caledonia and Wheaton Woods. Caledonia was ruled out as an option due to its close proximity to residences. Wheaton Woods Park is buffered from the residential area and is located in an office/industrial area. Furthermore, Verizon Wireless has agreed to build a cell-tower that will function as a flagpole. We could hang both an American flag and the Yorkville flag. In exchange for the land-lease, Verizon has tentatively agreed to a $35,000 annual lease fee and has agreed to pay the first two years of the agreement up-front. This is money that could be directed to any purpose within the City budget. Originally, staff had suggested that this money would be used Park Board Meeting December 16, 2010 Page 5 of 6 to build a park within the Caledonia subdivision park because this particular park is the closest to the cell-tower, has an approved design, is graded and seeded, and is waiting for land-cash dollars to be provided by developers. That money is not expected to be provided to the City in the near future. The original Caledonia subdivision park had a budget of just over $100,000. For $70,000, much of the planned materials could be provided and a park build could be coordinated within the next two years. Laura Schraw indicated we could put in a play element or partial park. She said the area is being mowed and there are 5 acres to build on. Members agreed that the funds could be used for this park within the Caledonia subdivision. Ken Koch asked for a motion to approve the Wheaton Woods cell tower agreement. Amy Cesich made the motion and Seaver Tarulis seconded the motion. The motion was unanimously approved by voice vote. Diane Teeling applauded the park board on making good decisions in the way money has been spent. She commented that this lease will help and is a good idea. Bart Olson will make a verbal presentation at the next City Council meeting to use the money for the park. He encouraged board members to attend this city council meeting. Strategic Planning Ken Koch requested that board members think about strategic planning and goals and e-mail him with general topics. He will put together an outline. • Budgets • Building parks • Programs — set priorities Reports: Director's Report • April or May is being targeted for the Riverfront park chute grand opening. • March 11-13, 2011: Canoecopia 2011 - Alliant Energy Center, Madison, Wisconsin o Yorkville will have a booth to promote local tourism. Tom Lindblade is doing a presentation on our behalf. If any board member would like to go, please contact Bart. Recreation Report • Tim Evans advised that he has moved his office to the REC Center. • The winter open house will be January 14 & 15, 2011. Parks Report A written report was included in the agenda packet. Parks Designer Report A written report was included in the agenda packet. Park Board Meeting December 16, 2010 Page 6 of 6 Additional Business: No additional business Adjourn Meeting: Ken Koch asked for a motion to adjourn the regular meeting at 9:00 pm. Kelly Sedgwick made the motion and Amy Cesich seconded the motion. The motion was unanimously approved by voice vote. Next meeting: Thursday, January 13, 2011 *Items needing Board approval or recommendation Respectfully Submitted By: Louise A. Beukelman DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 11:22:38 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ACTION ACTION GRAPHIX LTD 3285 12/03/10 01 POOL SIGNS 79-650-65-00-5803 01/13/11 84.99 PROGRAM EXPENSES INVOICE TOTAL: 84.99 VENDOR TOTAL: 84.99 ALLSTAR ALL STAR SPORTS INSTRUCTION 10568 08/13/10 01 SEPTEMBER SPORTS INSTRUCTION 80-000-62-00-5401 01/13/11 714.00 CONTRACTUAL SERVICES INVOICE TOTAL: 714.00 10750 12/08/10 01 FALL SPORTS INSTRUCTION 80-000-62-00-5401 01/13/11 1,596.00 CONTRACTUAL SERVICES INVOICE TOTAL: 1,596.00 VENDOR TOTAL: 2,310.00 AQUAPURE AQUA PURE ENTERPRISES, INC. 71121 12/02/10 01 REPAIR TO SPA ACID FEEDER 80-000-62-00-5431 01/13/11 190.00 POOL REPAIR INVOICE TOTAL: 190.00 VENDOR TOTAL: 190.00 ARAMARK ARAMARK UNIFORM SERVICES 610-6954692 12/07/10 01 UNIFORMS 79-610-62-00-5421 01/13/11 37.24 WEARING APPAREL INVOICE TOTAL: 37.24 610-6959388 12/14/10 01 UNIFORMS 79-610-62-00-5421 01/13/11 77.28 WEARING APPAREL INVOICE TOTAL: 77.28 610-6963935 12/21/10 01 UNIFORMS 79-610-62-00-5421 01/13/11 37.24 WEARING APPAREL INVOICE TOTAL: 37.24 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 11:22:38 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ARAMARK ARAMARK UNIFORM SERVICES 610-6968496 12/28/10 01 UNIFORMS 79-610-62-00-5421 01/13/11 37.24 WEARING APPAREL INVOICE TOTAL: 37.24 VENDOR TOTAL: 189.00 BARRETTS BARRETT'S ECOWATER 211191 12/28/10 01 SALT 80-000-62-00-5408 01/13/11 50.80 MAINTENANCE- SUPPLIES INVOICE TOTAL: 50.80 VENDOR TOTAL: 50.80 BATTERYS BATTERY SERVICE CORPORATION 205716-PR 12/23/10 01 BATTERY 79-610-62-00-5408 01/13/11 83.44 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 83.44 VENDOR TOTAL: 83.44 BEACON RAINBOW GROUP, LLC 0407626-IN-PR 12/02/10 01 BASE SET FOR REIMENSCHNEIDER 22-610-75-00-7011 01/13/11 592.25 BASEBALL FIELD CONSTRUCT 02 PARK ** COMMENT ** INVOICE TOTAL: 592.25 VENDOR TOTAL: 592.25 BEUKELML LOUISE A. BEUKELMAN 110410 11/05/10 01 NOVEMBER 04 MEETING MINUTES 79-650-62-00-5401 01/13/11 35.00 CONTRACTUAL SERVICES INVOICE TOTAL: 35.00 120210 12/08/10 01 12/02/10 MEETING MINUTES 79-650-62-00-5401 01/13/11 79.80 CONTRACTUAL SERVICES INVOICE TOTAL: 79.80 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 11:22:38 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BEUKELML LOUISE A. BEUKELMAN 121610 12/20/10 01 DECEMBER 16 MEETING MINUTES 79-650-62-00-5401 01/13/11 91.00 CONTRACTUAL SERVICES INVOICE TOTAL: 91.00 VENDOR TOTAL: 205.80 BPAMOCO BP AMOCO OIL COMPANY 27944498-PR 12/24/10 01 GASOLINE 79-650-65-00-5812 01/13/11 117.95 GASOLINE INVOICE TOTAL: 117.95 VENDOR TOTAL: 117.95 CALLONE CALL ONE 1010-7980-0000-1210P 12/15/10 01 MONTHLY CHARGES 79-650-62-00-5437 01/13/11 255.16 TELEPHONE/INTERNET 02 MONTHLY CHARGES 80-000-62-00-5437 203.84 TELEPHONE/INTERNET/CABLE INVOICE TOTAL: 459.00 VENDOR TOTAL: 459.00 CENTRALL CENTRAL LIMESTONE COMPANY, INC 13508-PR 11/30/10 01 GRAVEL 79-610-62-00-5417 01/13/11 68.70 MAINTENANCE-PARKS INVOICE TOTAL: 68.70 VENDOR TOTAL: 68.70 COMED COMMONWEALTH EDISON 1613010022-1210 12/14/10 01 BALLFIELDS 79-650-62-00-5435 01/13/11 1,254.36 ELECTRICITY INVOICE TOTAL: 1,254.36 6819027011-1210 12/03/10 01 PR BUILDINGS 79-650-62-00-5435 01/13/11 297.43 ELECTRICITY INVOICE TOTAL: 297.43 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 7982205057-1210 12/01/10 01 202 COUNTRYSIDE UNIT D 80-000-62-00-5435 01/13/11 108.42 ELECTRICITY INVOICE TOTAL: 108.42 VENDOR TOTAL: 1,660.21 FARREN FARREN HEATING & COOLING 1057 12/20/10 01 REPAIR BLOWER BEARINGS 80-000-62-00-5416 01/13/11 675.35 MAINTENANCE- GENERAL INVOICE TOTAL: 675.35 VENDOR TOTAL: 675.35 FIRSILLI FIRST ILLINOIS SYSTEMS, INC. 6313 12/01/10 01 DECEMBER PEST CONTROL 80-000-62-00-5416 01/13/11 39.00 MAINTENANCE- GENERAL INVOICE TOTAL: 39.00 VENDOR TOTAL: 39.00 FOXVALSA FOX VALLEY SANDBLASTING 4430 12/15/10 01 SANDBLAST TUBE, POWER COAT 79-610-62-00-5417 01/13/11 72.00 MAINTENANCE-PARKS 02 TUBE ** COMMENT ** INVOICE TOTAL: 72.00 VENDOR TOTAL: 72.00 GRAINCO GRAINCO FS., INC. 117085 11/16/10 01 TIRE REPAIR 79-610-62-00-5408 01/13/11 34.50 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 34.50 VENDOR TOTAL: 34.50 HAYDENS HAYDEN'S DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HAYDENS HAYDEN'S 00099198 11/30/10 01 BASKETBALL NET 80-000-65-00-5803 01/13/11 30.00 PROGRAM EXPENSES INVOICE TOTAL: 30.00 VENDOR TOTAL: 30.00 HOGAN FARM PLAN 03 462090 12/15/10 01 5 GAL LOW VI 79-610-62-00-5408 01/13/11 60.12 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 60.12 VENDOR TOTAL: 60.12 ICE ICE MOUNTAIN OOL0119455822 12/14/10 01 WATER 79-650-65-00-5804 01/13/11 12.70 OPERATING SUPPLIES INVOICE TOTAL: 12.70 VENDOR TOTAL: 12.70 ILPD4811 ILLINOIS STATE POLICE 121310-PR 12/13/10 01 BACKGROUND CHECKS 79-650-65-00-5803 01/13/11 650.75 PROGRAM EXPENSES INVOICE TOTAL: 650.75 VENDOR TOTAL: 650.75 IMAGEPLU IMAGE PLUS 26150 08/06/10 01 SOCCER T-SHIRTS 79-650-65-00-5803 01/13/11 210.40 PROGRAM EXPENSES INVOICE TOTAL: 210.40 26151 07/30/10 01 SOCCER JERSEYS 79-650-65-00-5803 01/13/11 955.25 PROGRAM EXPENSES INVOICE TOTAL: 955.25 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT IMAGEPLU IMAGE PLUS 26311 10/06/10 01 GIRLS BASKETBALL SHORTS & 79-650-65-00-5803 01/13/11 206.40 PROGRAM EXPENSES 02 TANKS ** COMMENT ** INVOICE TOTAL: 206.40 VENDOR TOTAL: 1,372.05 JSHOES J'S SHOE REPAIR 6484-30 12/10/10 01 BOOTS 79-610-62-00-5421 00404531 01/13/11 160.00 WEARING APPAREL INVOICE TOTAL: 160.00 VENDOR TOTAL: 160.00 KCRECORD KENDALL COUNTY RECORD 72-113010 11/30/10 01 FENCING & SURFACING LEGAL 79-610-65-00-5804 01/13/11 54.80 OPERATING SUPPLIES 02 NOTICES ** COMMENT ** INVOICE TOTAL: 54.80 VENDOR TOTAL: 54.80 KIDSFIRS KIDS FIRST SPORTS SAFETY INC. 120910 12/09/10 01 BASKETBALL EVALUATIONS 79-650-62-00-5401 01/13/11 600.00 CONTRACTUAL SERVICES INVOICE TOTAL: 600.00 120910-GYM 12/09/10 01 TUMBLING/GYMNASTIC INSTRUCTION 80-000-62-00-5401 01/13/11 908.60 CONTRACTUAL SERVICES INVOICE TOTAL: 908.60 120910-VB 12/09/10 01 VOLLEYBALL INSTRUCTION 80-000-62-00-5401 01/13/11 536.90 CONTRACTUAL SERVICES INVOICE TOTAL: 536.90 VENDOR TOTAL: 2,045.50 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT LIFEFITN LIFE FITNESS 3532701 11/17/10 01 2 TREADMILLS 80-000-65-00-5805 00404626 01/13/11 5,198.09 RECREATION EQUIPMENT INVOICE TOTAL: 5, 198.09 VENDOR TOTAL: 5, 198.09 MENLAND MENARDS - YORKVILLE 46994 12/01/10 01 ANTIFREEZE, PADLOCK, STAPLES 79-610-62-00-5408 01/13/11 50.17 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 50.17 47083 12/01/10 01 SCREWS, DUCT TAPE, BOARDS 79-610-65-00-5804 01/13/11 43.75 OPERATING SUPPLIES INVOICE TOTAL: 43.75 48615 12/07/10 01 GLOVES, GOGGLES 80-000-62-00-5408 01/13/11 9.67 MAINTENANCE- SUPPLIES INVOICE TOTAL: 9.67 48639 12/07/10 01 RETURNED MERCHANDISE CREDIT 80-000-62-00-5408 01/13/11 -1.68 MAINTENANCE- SUPPLIES INVOICE TOTAL: -1.68 48644 12/07/10 01 DUST MASK, SAFETY GLASSES, 80-000-62-00-5416 01/13/11 20.93 MAINTENANCE- GENERAL 02 GLOVES ** COMMENT ** INVOICE TOTAL: 20.93 49267 12/10/10 01 DOOR BOTTOM, CLOSER 80-000-62-00-5408 01/13/11 12.96 MAINTENANCE- SUPPLIES INVOICE TOTAL: 12.96 49975 12/13/10 01 QUICK SNAPS 79-610-65-00-5804 01/13/11 11.96 OPERATING SUPPLIES INVOICE TOTAL: 11.96 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 50549 12/15/10 01 DOOR BOTTOM GOLD, GREAT STUFF 80-000-62-00-5416 01/13/11 9.49 MAINTENANCE- GENERAL 02 GAP FILLER ** COMMENT ** INVOICE TOTAL: 9.49 VENDOR TOTAL: 157.25 MJELECT MJ ELECTRICAL SUPPLY, INC. 1118689-01 12/15/10 01 BULBS 80-000-62-00-5408 01/13/11 25.00 MAINTENANCE- SUPPLIES INVOICE TOTAL: 25.00 1119747-00 12/17/10 01 BULBS 80-000-62-00-5408 01/13/11 130.00 MAINTENANCE- SUPPLIES INVOICE TOTAL: 130.00 VENDOR TOTAL: 155.00 NAPETROL NAPERVILLE TROLLEY & TOURS LTD 6098-PR 11/26/10 01 POLAR EXPRESS TROLLEY 79-650-65-00-5803 01/13/11 1,100.00 PROGRAM EXPENSES INVOICE TOTAL: 1, 100.00 VENDOR TOTAL: 1, 100.00 NEXTEL NEXTEL COMMUNICATIONS 837900513-106-PR 12/21/10 01 PARKS MONTHLY CHARGES 79-610-62-00-5438 01/13/11 125.12 CELLULAR TELEPHONE 02 REC CENTER MONTHLY CHARGES 80-000-62-00-5438 25.02 CELLULAR PHONE 03 RECREATION MONTHLY CHARGES 79-650-62-00-5438 125.12 CELLULAR TELEPHONE INVOICE TOTAL: 275.26 VENDOR TOTAL: 275.26 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NICOR NICOR GAS 64-99-70-7276 0-1210 12/06/10 01 202 E COUNTRYSIDE UNIT E 80-000-78-00-9002 01/13/11 1,185.16 NICOR INVOICE TOTAL: 1, 185.16 65-69-00-0377 0-1210 12/06/10 01 202 E COUNTRYSIDE UNIT D 80-000-78-00-9002 01/13/11 64.28 NICOR INVOICE TOTAL: 64.28 VENDOR TOTAL: 1,249.44 OMALLEY O'MALLEY WELDING & FABRICATING 14075 11/30/10 01 SQUARE TUBE 79-610-62-00-5417 01/13/11 35.22 MAINTENANCE-PARKS INVOICE TOTAL: 35.22 VENDOR TOTAL: 35.22 PITBOW PITNEY BOWES 5336185-DC10 12/13/10 01 SEPTEMBER - DECEMBER RENTAL 79-650-65-00-5808 01/13/11 177.00 POSTAGE & SHIPPING 02 CHARGES ** COMMENT ** INVOICE TOTAL: 177.00 VENDOR TOTAL: 177.00 REINDERS REINDERS, INC. 1324560-00 12/06/10 01 RADIATOR HOSE INLET 79-610-62-00-5408 01/13/11 59.66 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 59.66 VENDOR TOTAL: 59.66 RIVRVIEW RIVERVIEW FORD FOCS301484 12/03/10 01 REPLACE 4X4 MODULE 79-610-62-00-5408 01/13/11 452.61 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 452.61 VENDOR TOTAL: 452.61 DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SAFESUPP SAFETY SUPPLY ILLINOIS 1169868-01-PR 11/30/10 01 SAFETY VESTS 79-610-62-00-5421 01/13/11 146.00 WEARING APPAREL INVOICE TOTAL: 146.00 VENDOR TOTAL: 146.00 SCOTTB BILL SCOTT 121310 12/13/10 01 REIMBURSEMENT FOR BIBS 79-610-62-00-5421 01/13/11 69.70 WEARING APPAREL INVOICE TOTAL: 69.70 VENDOR TOTAL: 69.70 STROGEN STROGEN METALS, INC 18487 11/24/10 01 PLEATED FILTERS 80-000-62-00-5408 01/13/11 45.00 MAINTENANCE- SUPPLIES INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 SUPERBEV THE SUPERIOR BEVERAGE CO. 601460 12/28/10 01 CHOCOLATE MILK, JUICE 80-000-65-00-5828 01/13/11 65.00 CONCESSIONS EXPENSES INVOICE TOTAL: 65.00 VENDOR TOTAL: 65.00 UNIQUEPR UNIQUE PRODUCTS & SERVICE 213388 12/14/10 01 TOILET TISSUE, BOWL CLEANER 80-000-62-00-5408 01/13/11 63.01 MAINTENANCE- SUPPLIES INVOICE TOTAL: 63.01 213922 12/27/10 01 BODY SHAMPOO, URINAL BLOCK, 80-000-62-00-5408 01/13/11 923.10 MAINTENANCE- SUPPLIES DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT UNIQUEPR UNIQUE PRODUCTS & SERVICE 213922 12/27/10 02 PAPER TOWEL, TOILET TISSUE, ** COMMENT ** 01/13/11 03 FLOOR POLISH, HAND SANITIZER ** COMMENT ** INVOICE TOTAL: 923.10 VENDOR TOTAL: 986.11 VISA VISA 122710-PR 12/27/10 01 MONTHLY CABLE 80-000-62-00-5437 01/13/11 116.54 TELEPHONE/INTERNET/CABLE 02 CLEANING TAPE 80-000-62-00-5410 80.60 MAINTENANCE- OFFICE EQUIP. 03 CHRISTMAS PAPER, CRAFT 79-650-65-00-5803 71.09 PROGRAM EXPENSES 04 SUPPLIES ** COMMENT ** 05 MONTHLY STEP LICENSE 80-000-65-00-5803 274.64 PROGRAM EXPENSES 06 CERTIFIACTION TRAINING, PLAQUE 79-650-64-00-5604 420.00 TRAINING AND CONFERENCES 07 MONTHLY CABLE 79-650-62-00-5437 79.95 TELEPHONE/INTERNET INVOICE TOTAL: 1,042.82 VENDOR TOTAL: 1,042.82 WALKCUST WALKER CUSTOM HOMES, INC. YPD 2/11 12/08/10 01 FEBRUARY LEASE PAYMENT 80-000-62-00-5432 01/13/11 18,000.00 LEASE PAYMENT INVOICE TOTAL: 18,000.00 VENDOR TOTAL: 18,000.00 WALMART WALMART COMMUNITY 121610-PR 12/16/10 01 OATS, GLITTER, SANDWICH BAGS, 79-650-65-00-5803 01/13/11 72.76 PROGRAM EXPENSES DATE: 01/05/11 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 11:22:39 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 01/13/2011 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WALMART WALMART COMMUNITY 121610-PR 12/16/10 02 CANDY, SHELF LINER, PUDDING ** COMMENT ** 01/13/11 03 PARTY BAGS, STORAGE BOXES, 80-000-65-00-5803 169.23 PROGRAM EXPENSES 04 PUNCH, FRUIT, POP, COTTON, ** COMMENT ** 05 GLUE STICKS, CLEANERS, COOKIES ** COMMENT ** 06 GELATIN ** COMMENT ** INVOICE TOTAL: 241.99 VENDOR TOTAL: 241.99 YORKNAPA YORKVILLE NAPA AUTO PARTS 941032 11/02/10 01 FUEL FILTER 79-610-62-00-5408 11/13/10 10.35 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 10.35 941443 11/05/10 01 OIL 79-610-62-00-5408 11/13/10 2.59 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 2.59 VENDOR TOTAL: 12.94 TOTAL ALL INVOICES: 40,688.00 Reviewed By: Agenda Item Number It lk YMKVLLLE Parks ❑ Recreation ❑ PARKS s RECRMTIC" Director ■ City Administrator F1 Tracking Number ° L Legal ❑ Human Resources F1 Una I Police ❑ Park Board Agenda Item Tracking Document Title: Riverfront Building concession-lease proposals Agenda Date: January 13, 2011 Synopsis: Review of submitted concession-lease agreement proposals for the Riverfront Building. Action Previously Taken: Date of Action: 12-16-10 Action Taken: Review of proposals, direction to submit building layouts Item Number: Type of Vote Required: Majority Action Requested: Recommendation to City Council Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: Since last meeting, both vendors have had an opportunity to tour the building and submit building layouts. Both vendors are comfortable with the space, and both intend to pursue being the building user. At time of packet creation, the Yak Shack had not submitted a building layout plan. When those plans are received, they will be sent to the Park Board members. Memorandum It tLUJ To: Park Board From: Bart Olson, Interim Director of Parks and Recreation PRRK�g s RECRMTIC" CC: ]DT Date: January 6, 2011 L Subject: Riverfront Building—Concession-lease proposals Attached are two proposals for leasing the Riverfront Building at 301 E Hydraulic Street. Both proposers met the minimum qualifications of the RFP. In brief, the details of each proposal are: 1) Yak Shack, LLC—Jeffery S. Brown a. Monthly rent of$300 b. 5% of gross revenues c. Maximum total payment to the City capped per month at$1,200 d. Has run kayak instruction classes at the REC Center pool for the past year, to successful turnout and reviews e. Other i. Offering to rent inflatable "funyaks" ii. Offering to sell packaged food items iii. Offering to provide restrooms, changing facilities, and minor cleanup of the facility. 2) Specialty Expeditions, Inc, DBA Geneva Kayak Center—Ryan Rushton a. Monthly rent of$250 per month b. 5% of gross revenues on retail c. 20% of gross receipts on instructional programs, rentals, and guided tours d. Has managed and run the Geneva Kayak Center in Geneva, IL. i. Resumes for owner and manager are attached. ii. Offering sea kayaks, whitewater kayaks, canoes, rafting and tubing rentals. iii. Offers guided tours on area rivers and Lake Michigan. iv. Offering to setup course webcam. v. Golf cart boat shuttles from the bottom to the top of the facility. vi. Offering to partner with freestyle and slalom competitions and Paddlesports Festival. Geneva Kayak Center's Building Plan "Yorkville Outdoor Center" Geneva Kayak Center's proposal for the building on the new whitewater park is an exciting mix of retail, fun classes, trips, outings and events. We are excited about the building and the potential that it has as an economic stimulus for the city of Yorkville and the downtown area. Our plan provides the most direct income for the city as well as other economic benefits to other businesses in Yorkville and the surrounding area. Our experience in the business and large customer base will provide for immediate results and a professionally run outfit. We would be able to maximize the potential of the building and the site without many changes to the building itself. The next two pages show our plan of the building and the overall site. To summarize what we would do with the building: - Paint Interior and Exterior of the building - Clean up and improve landscape surround the building - Use storage containers or a fenced in area directly behind the building for"program equipment" - Storage for this equipment could be offsite if having the containers or fenced in area was not possible. - Utilize both front and back porches for kayak display. Back Porch - Screened In - Kayak Display P P Bathroom a F d I Car Rack Room d I s Yakima e Kayak Display Area Malone Storage s Thule Closet Clothing Drytops Trip Planning Area Paddling Jackets & Gloves Classroom Boots Reception Check-In Area Vending Front Porch - Whitewater kayaks On Display M hin R Storage C ntainers or "Fenced In" Kayak Racks for "Pro ram Boats" V Back Porch - Screened In - Kayak Display e r P P Bathroom a F d D Car Rack Room d Yakima s e Kayak Display Area Malone Storage s Thule Closet R i Clothing V Drytops Trip Planning Area e Paddling Jackets & Gloves Classroom r Boots Reception Check-In Area Front Porch - yVhitewater kayaks On Display ADAAccessible Ramp R i V e r Parking Area REQUEST FOR PROPOSAL Name of Proposing Company: Specialty Expeditions Inc.DBA Geneva Kayak Center Project Name: Riverfront Building Lease Proposal No.: Proposal Due: Tuesday,November 23,2010 at 3:00 pm Proposal Openings Tuesday,November 23,2010 at 3:01 pm Required of All Proposers: Deposit: Not Required Letter of Capability of Acquiring Performance Bond: Not Required Required of Awarded Lessee: Performance Bond/Letter of Credit: Not Required Certificate of Insurance: Required Legal Advertisement Published: N/A Date Issued: Friday,October 22,2010 This document consists of 22 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 INTERIM DIRECTOR OF PARKS AND RECREATION UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE,IL 60560 PHONE: 630-553-4350 FAX: 630-553-7575 www.yorkville.il.us United City of Yorkville 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 United City of Yorkville I. REQUEST FOR PROPOSALS 1. GENERAL 1.1. Notice is hereby given that the United City of Yorkville will receive sealed proposals up to November 23, 2010 at 3:00 pm. 1.2. Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road on Tuesday,November 23, 2010 at 3:01 pm. 1.3. 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. 1.4. 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. 1.5. 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 proposers 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 with the requirements of the Contract Documents considered severally and collectively. 3 United City of Yorkville 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. DELIVERY 4.1. All proposal prices are to be quoted,delivered F.O.B. City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560. 5. TAX EXEMPTION 5.1. 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. 6. RESERVED RIGHTS 6.1. 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 subLessees as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. II, TERMS AND CONDITIONS 7. CITY ORDINANCES 7.1. The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 8. USE OF CITY'S NAME 8.1. 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. 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9.1. 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 subLessees, and the Proposer, its employees, or its subLessees,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 4 United City of Yorkville 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 SubLessees. 10. NONDISCRIMINATION 10.1. 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 ofpast 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. 10.2. It is unlawful to discriminate on the basis of race,color,sex,national origin,ancestry,age, marital status,physical or mental handicap,sexual orientation,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 5/1-101 et.seq.,and The Americans With Disabilities Act,42 U.S.C. Secs. 12101 et. seq. 11. SEXUAL HARASSMENT POLICY 11.1. The proposer,as a party to a public contract,shall have a written sexual harassment policy that: 11.1.1.Notes the illegality of sexual harassment; 11.1.2. Sets forth the State law definition of sexual harassment; 11.1.3. Describes sexual harassment utilizing examples; 11.1.4. Describes the Proposer's internal complaint process including penalties; 11.1.5. 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 11.1.6. Describes the protection against retaliation afforded under the Illinois Human Rights Act. 12. EQUAL EMPLOYMENT OPPORTUNITY 12.1. 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 5 United City of Yorkville 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: 12.1.1.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. 12.1.2.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. 12.1.3.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. 12.1.4. 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 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. 12.1.5.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. 12.1.6.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. 12.1.7.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 subLessee. 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 subLessees; and further it will promptly notify the contracting agency and the Department in the event any subLessee fails or refuses to comply therewith. In addition,the Proposer will not utilize any subLessee declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its 6 United City of Yorkville political subdivision or municipal corporations. 13. DRUG FREE WORK PLACE 13.1. Proposer,as a party to a public contract,certifies and agrees that it will provide a drug free workplace by: 13.2. 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. 13.3. 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. 13.4. Providing a copy of the statement required above to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 13.5. 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. 13.6. 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. 13.7. 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. 13.8. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 14. PREVAILING WAGE ACT 14.1. 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 subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 14.2. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, 7 United City of Yorkville 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. 15. INSURANCE REQUIREMENTS 15.1. Prior to the beginning of the contract period, Lessee and any SubLessees 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 Lessee or SubLessee or any Sub-Sub Lessee 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 Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $1,000,000 Each Accident Umbrella Liability $3,000,000 15.2. 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. 15.3. Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles. 15.4. Workers Compensation coverage shall include a waiver of subrogation against the City. 15.5. 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. 15.6. Lessee and all SubLessees 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 8 United City of Yorkville respect to liability arising out of operations performed; claims for bodily injury or death brought against City by any Lessee of SubLessee employees, or the employees of SubLessee's subLessees 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. 15.7. Lessee and all SubLessees 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 Lessee or any SubLessee 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 Lessee or SubLessee,or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms. 15.8. 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 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 Lessee or SubLessee of any deficiencies in such documents,and receipt thereof shall not relieve the Lessee or SubLessee 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. 16. COMPLIANCE WITH OSHA STANDARDS 16.1. 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. 17. SUBLETTING OF CONTRACT 17.1. No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the Director of Parks and Recreation. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 18. TERM OF CONTRACT 18.1. This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However, if this contract is not one that is subject to extension, such information will be available in the detailed specifications or special conditions section, supra. 9 United City of Yorkville 19. TERMINATION OF CONTRACT 19.1. The City reserves the right to terminate the whole or any part of this contract,upon thirty (30)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. 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. 20. BILLING & PAYMENT PROCEDURES 20.1. 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. 20.2. 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. 20.3. Please send all invoices to the attention of City of Yorkville,Accounts Payable,800 Game Farm Road, Yorkville, IL 60560. 21. RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 21.1. The relationship between the City and the Proposer is that of a Lessor and Lessee. 22. STANDARD OF CARE 22.1. 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. 22.2. 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. 23. GOVERNING LAW 23.1. 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 10 United City of Yorkville the County of Kendall and the Northern District of Illinois. 24. SUCCESSORS AND ASSIGNS 24.1. 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. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers. 25. WAIVER OF CONTRACT BREACH 25.1. 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. 26. AMENDMENT 26.1. This Agreement will not be subject to amendment unless made in writing and signed by all parties. 27. SEVERABILITY OF INVALID PROVISIONS 27.1. 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. 28. NOTICE 28.1. 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: Director of Parks and Recreation City of Yorkville 800 Game Farm Road. Yorkville,IL 60560 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 29. DEFINITIONS 29.1. 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. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, 11 United City of Yorkville and pending successful completion of contract negotiations, shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property, subject to restrictions. Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals,Terms and Conditions,Detail Specifications and the Concession Lease Agreement Lessee shall mean the firm with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. Specifications shall mean specifications identified in the Contract. 30. OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30.1. In general terms, the City is seeking to grant a lessee the exclusive privilege of operating a business on the premises generally located at 301 E Hydraulic Street in Yorkville, and as more specifically described in this document. 30.2. For purposes of evaluating the proposer's experience and certifications, copies of resumes for all proposed operators, managers and major employees for the business are required in the proposal. Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30.3. The City shall have the right at all times to inspect the premises occupied by the Lessee in conducting its services and sales. 30.4. The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises. Any capital improvements done on the premises over$10,000 in value shall be approved by the Park Board prior to commencement. Any capital improvements done on the premises of$10,000 or less shall be approved by the Director of Parks and Recreation prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed,bonded, and insured. 30.5. At the end of the agreement term,the City shall conduct an inspection of the premises, and the lessee shall be informed of the outcome of said inspection. The lessee shall be 12 United City of Yorkville responsible for returning the premises to its original state, subject to the discretion of the Park Board. 30.6. The lessee does not have exclusive rights to all concession operations within the park, but rather, only to the specific operation at the specific location as described in the Concession Lease Agreement. 30.7. The City agrees to furnish to the Lessee access to City water and sewer utilities. The Lessee is responsible for applicable usage payments for all utilities (sewer, water, electricity, phone, internet, etc.). The lessee is responsible for costs associated with utility connections and upgrades. 30.8. If the lessee chooses not to occupy the building through the winter months,the lessee shall take all necessary precautions and measures to properly winterize the building. These precautionary measures shall include, but not be limited to, maintaining a minimum level of heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing conditions. If alternative methods of winterizing are to be utilized,those methods shall be subject to approval from the property owner. 30.9. The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features, and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features. 31.PAYMENTS AND OTHER REPORTS TO THE CITY 31.1. The lessee is required to submit certain payments, forms, financial statements, and other items on a timely basis. Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31.2. The lessee, at minimum, shall make payments equivalent to 5%of the annual sum of the total adjusted gross receipts. Said payment shall make said payment prior to February 1 of each year. 31.3. The lessee, at minimum, shall make premises rental payments of$200 per month for each month through the life of the agreement, due prior to the first of each calendar month. 31.4. The lessee shall provide the City with a security deposit in the amount of$5,000, to be due to the City prior to start of the agreement term. Said deposit shall be held until after the end of the term of the agreement, and will be used to offset any damage to the premises. 31.5. The lessee shall provide to the City,prior to the start of the lease, confirmation of insurance coverage for the premises and the operations of the business for the entire term , with the City named as additional insured on all policies. 31.6. The lessee shall provide to the City,prior to the start of the lease, confirmation of business interruption insurance coverage for the operations for the entire lease. In the event 13 United City of Yorkville that the City is the cause of the business interruption and agrees to credit the lessee an amount to offset the business interruption, said amount will be credited against the security deposit or future rent payments, at the City's discretion. 31.7. Failure to meet any deadline for payment will result in an interest charge of 10%on said late payment. 31.8. The lessee is required to submit an annual concession financial statement by January 30 of each year. 32. FIRM QUALIFICATIONS AND EXPERIENCE 32.1. The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full-time and/or part-time basis. 32.2. The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant experience of its firm on similar engagements. 32.3. The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary, background checks may be required of the successful bidders personnel that will be employed under this contract. 33. TERM OF CONTRACT 33.1. The term of the Contract shall be negotiated in the contract,but will generally be for a two year-period with the City having an option to exercise two,two-year option terms. The Lessee 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. 34.PRINCIPAL CONTACT FOR CITY 34.1. The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson, Interim Director of Parks and Recreation, 630-553-4350 or bolson c,yorkville.il.us. 35.ALTERNATIVES AND DEVIATIONS 35.1. 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 Lessee. 35.2. 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 Lessee shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 35.3. If the Lessee 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 14 United City of Yorkville for each deviation. The Lessee shall use Appendix 3, Schedule of Alternatives and Deviations, for listing proposed deviations. 35.3.1. If the Lessee 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. 35.3.2. 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. 36. EMPLOYEES 36.1.The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, orderly and courteous personnel. The Lessee 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 job while on duty or in the course of performing their duties under this contract. The Lessee 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 Lessee's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative 37. ACCIDENT PREVENTION 37.1.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 safety provisions. 38. TAXES,LICENSES & PERMITS 38.1.The Lessee shall pay all sales, use,property, income, and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee'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 Lessee 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. 39. DEFAULT 39.1.If the Lessee fails to observe any portion of the Concession Lease Agreement and 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 Lessee, that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within twenty-four(24)hours of said notice. If at the end of the twenty-four(24) hour period, the Lessee 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 Lessee. The Lessee will be liable for any costs of such steps from the date of the notice of default. If 15 United City of Yorkville deemed necessary by the City's Designated Representative,the City shall have the right to take over all equipment and facilities of the Lessee for a period of up to one-hundred-twenty (120)days from the date of notice of default. 16 IV. PROPOSAL 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 Proposal Is To Be Considered For Award PROPOSER: Geneva Kayak Center Date: 11/22/10 Company Name 2305 Fairfax Rd. Email Address Street Address of Company Ryan Rushton St Charles,IL 60174 Contact Name (Print) City,State,Zip 24-Hour Telephone Business Phone Signature of Officer,Partner or Fax Sole Proprietor Ryan Rushton,President 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 at the standards described herein within the time specified above. PROPOSER'S CERTIFICATION (page I of 3) With regard to Riverfront Building Lease,proposer Geneva Kavak Center hereby certifies (Name 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 subLessees pay prevailing wage to any laborers,workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subLessee 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 subLessees 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,Lessee and subLessee. 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,Lessee 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 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: �%® v Proposer's Aut 'zed Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this day of I. OFF CL& (Fill Out Applicable Paragraph Below) NOTARY ES SE (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of Illinois ,which operates under the Legal name of Specialty Expeditions,Inc. DBA Geneva Kayak Center,and the full names of its Officers are as follows: President: Ryan Rushton Secretary: David Rushton Treasurer: David Rushton 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: 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 CBIZ inc. Agent Alice Harmon Street Address 44 Baltimore St City,State,Zip Code Baltimore,MD 21502 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: Geneva Kayak Center United City of Yorkville 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: 20 Print Name and Title of Authorizing Signature: Ryan Rushton Signature: 0 Date: APPENDIX 3 SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum payment percentages and amounts, and other standards as outlined in the specifications section of this document. (Please attach additional sheets if necessary.)Paragraph Explanation of Alternative/ eviation on- 1 31.3 1 Rental payment of$250.00 per month 31.2 1 5% of adjusted gross receipts on the sale of retail products. * see end notes 31.2 1 20% of adjusted gross receipts on instructional programs,rentals,and guided tours. * see end notes Background The Geneva Kayak Center is Chicago area's leading paddle sports retailer,paddling school,and outfitter. Opened in 2005,the Geneva Kayak Center has become a destination shop,drawing thousands of paddlers to the Fox River in Geneva and St. Charles. GKC is recognized as the premier paddlesport instructional center in the Midwest. No other company offers the breadth of courses nor has as many high level certified coaches on staff. Should the Geneva Kayak Center's bid proposal be accepted,our operation would move from Geneva to the Yorkville riverfront location.The Geneva Kayak Center is best positioned to enhance the riverfront whitewater facility that the city of Yorkville has invested in. GKC's existing clientele,our history of professionalism and experience,and dedication to paddlesports would serve well the community of Yorkville and help fully realize the whitewater park as an economic engine to the city. Lessee Qualifications Ryan Rushton is the founding owner of the Geneva Kayak Center and has been paddling whitewater and sea kayaks for the past 14 years. Ryan holds awards in both the ACA and BCU in both the coastal and swiftwater rescue disciplines. Ryan has lead paddling expeditions in Alaska,Canada,Maine,coastal Georgia and Florida,Wales and the waters of Lakes Superior and Michigan.Ryan became an ACA Instructor Trainer in 2008,in the Spring of 2010 he became one of only two Level 5 Coastal Kayak Instructor Trainers in the Midwest. He is a voting member of the ACA's Coastal Kayak Committee. ACA L5 Advanced Open Water Coastal Kayak Instructor Trainer ACA L5 Advanced Open Water Coastal Kayak Instructor ACA L5 Advanced Swiftwater Rescue Instructor ACA Level 3 Open Canoe Instructor BCU 5 Star Sea Leader Wilderness First Responder Scott Fairty is the General Manager at Geneva Kayak Center and has over 25 years experience in all aspects of the paddlesport industry. He has managed retail stores,a paddlesport importing company,and has been an independent paddlesport wholesale sales rep. He has been a guide,trip leader and coach throughout his entire career. BCU Coach Level 4 Sea BCU Coach Level 3 Whitewater BCU Foundation Safety & Rescue Trainer ACA Level 5 Advanced Open Water Instructor ACA Level 3 Open Canoe Instructor ACA Adaptive Paddling Endorsement Our Operation The Geneva Kayak Center's operation in Yorkville would consist of our Paddling School,Safety Center,Adventure Center,and Retail Shop. GKC would also host yearly events and festivals at the site. PADDLING SCHOOL GKC is recognized as the premier paddlesport instructional center in the Midwest. No other company offers the breadth of courses nor has as many high level certified coaches on staff. We are constantly introducing new paddlers to the sport through fun and safe programs. For 2011 we are expanding our already extensive list of courses to include: General Courses Introduction to Kayaking - 2.5 hour on-water workshop for all types of kayaks Safety &Rescue -full day course on rescues for all types of paddle craft Touring/Sea Kayaking Level 1 —full day beginner course developing basic boat handling skills and rescues Level 2 —full day advancing beginner course building on the L1 skills Level 3 —2 day intermediate course on the open water of Lake Michigan Level 4 —2-3 day advanced course on the Menomonee River,L. Michigan & Superior Whitewater Kayaking Level 1 —full day beginner course developing basic boat handling skills and safety Level 2 —full day advancing beginner course building on the L1 skills Level 3 —2 day intermediate course on moving water rivers Level 4 —2-3 day advanced course on whitewater rivers Canoeing Level 1 —full day beginner course developing basic boat handling skills and rescues Level 2 —full day advancing beginner course building on the Ll skills Level 3 —2 day intermediate course on moving water rivers Level 4 —2-3 day advanced course on whitewater rivers Instructor/Coach Development ACA Instructor Training & Certification Workshops in: - Whitewater kayaking - Sea Kayaking - Canoeing BCU coach training and certification workshops in sea kayaking Guest Coaches GKC brings well-known coaches in from outside the area and country to teach "Master Class" and instructor courses. SAFETY CENTER The Geneva Kayak Center can add a layer of safety to the whitewater park in Yorkville. GKC's Ryan Rushton is an American Canoe Association Level 5 Advanced Swiftwater Rescue instructor. Through the Safety Center,GKC will offer basic boater safety,basic swiftwater rescue and advanced swiftwater rescue courses and awards. As part of a successful bid,Geneva Kayak will offer a yearly Swiftwater Rescue Training course for up to 10 members of both of the city's police and fire rescue squads at NO CHARGE. ADVENTURE CENTER Rentals The Geneva Kayak Center currently rents sea kayaks,whitewater kayaks and canoes from its' riverfront location. At the new Adventure Center in Yorkville, we will be able to responsibly add both rafting and tubing adventures at the park. These fun and safe activities can be overseen by GKC staff who are trained in swifwater rescue. Guided Tours GKC offers guided tours on several area rivers and Lake Michigan RETAIL GKC has had a brick and mortar retail presence for more than 5 years and has existing dealerships for the following canoe and kayak brands. Kayaks & Canoes Accessories P&H Werner Paddles Pyranha Lendal Paddles SK-UK (Nigel Dennis Kayaks) Kokatat Gear Dagger Sea to Summit Wilderness Systems NRS Eddyline Yakima Roof Racks Wavesport Immersion Research Mad River Canoe Malone Auto Racks Current Designs Wenonah Impex Venture Other services and activities to phase in: - Streaming webcam on the course - Golf cart boat shuttles from the bottom of the run to the start. - Freestyle and slalom competitions & Paddlesport festival Ryan Rushton QUALIFICATIONS - Solid managerial and administrative experience as director of four different outdoor adventure programs and companies - National leader in the field of sea kayaking - Extensive experience in training guides and instructors - Dedication and drive exhibited as a self-starter in two companies - Communication and Team Building Skills - Ability to manage multiple tasks PROFESSIONAL EXPERIENCE OUTDOOR CERTIFICATIONS& EXPERIENCE - Level 5 Advanced Open Water Sea Kayak Instructor Trainer for the American Canoe Association. Can train and certify instructors for teaching and guiding sea kayaks in Advanced Open Water Conditions. - Level 5 Sea Kayak Instructor for the American Canoe Association. Can train and lead paddlers in Advanced Open Water Conditions. Highest national certification for teaching sea kayaking. - BCU 5 Star Sea Leader Award. Highest international certification for sea kayak leadership. - Level 5 Advanced Swiftwater Rescue Instructor for the American Canoe Association. Can train guides and paddlers up to advanced whitewater rescue techniques and protocols. - Experienced guide and guide trainer in backpacking, orienteering, whitewater and flat-water canoeing, canoe expeditions, backcountry skiing, snowshoeing, leave no trace wilderness travel, and non-technical mountaineering. - Experienced in leading different populations in the adventure pursuits including grade school to college age students, corporate groups, youth groups and adult groups. - Experienced leading expeditions and outdoor trips in the Great Lakes Region (US &Canada),Alaska, Colorado, Florida, Georgia, Maine, Canadian Maritimes, Baja Mexico and the UK. - Experienced in Wilderness Medicine. Certified as a Wilderness First Responder since 1996. Re-Certification January 2011. ADMINISTRATIVE SKILLS - Transitioned Specialty Expeditions' core business of leading and guiding adventure programs into the Geneva Kayak Center as a full service paddlesports shop. - Have written guide and instructor staff handbooks for Specialty Expeditions, Inc. and the Geneva Kayak Center - Developed and implemented Risk Management Plans for the adventure company Specialty Expeditions and the Geneva Kayak Center. - Developed outdoor programs designed for skill development and personal growth - Secured Commercial Use Authorization permits with several National Parks including Everglades National Park(FL), Gulf Islands National Seashore(MS), Kenai Fjords National Park(AK), Apostles Islands National Park(WI) and Isle Royale National Park (MI). - Developed relationships with outside organizations as a subcontractor to provide training services for their guide staffs. Organizations include Timber-Lee Christian Center, Camp Honeyrock, Silver Birch Ranch, Camp Forest Springs and the Boy Scouts and Girl Scouts of America. - Secured Special Event permits with the Chicago Park District for the Windy City Kayak Symposium. - Started and organized the Windy City Kayak Symposium - Designed Adventure Paddling Vacations for high-end clientele. Responsibilities include researching location, developing partnerships with local vendors, traveling to and scouting new destinations,writing trip plans and creating marketing materials. Ryan Rushton MANAGERIAL AND SUPERVISORY SKILLS - Managed Tripping and Rental Operation in Geneva which includes purchasing and maintainence of program equipment - Hired, trained, developed and overseen the guide and instructor staff for Specialty Expeditions and the Geneva Kayak Center - Entrusted to process confidential employee records such as payroll reports. 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MARKETING AND SALES SKILLS - Shown excellent entrepreneurial skills in starting both Specialty Expeditions and the Geneva Kayak Center - Proved excellent marketing abilities by creating new clients for outdoor trips. - Have traveled to major Adventure Travel expositions, and worked sales table to market services to new clients. - Created content for all brochures, cards and handouts for the Geneva Kayak Center - Created content, hired and worked in partnership with graphic design firm, for the website www.genevakayak.com PERTINENT PROFESSIONAL HISTORY - President, Geneva Kayak Center, Geneva, IL, May, 2005- Present - Founder& President, Specialty Expeditions, Inc., St. Charles, IL, January, 1998- Present - Director; Outdoor Program @ Silver Birch Ranch, White Lake, WI, May, 1996—December 1997 - Head Outfitter; Fort Wilderness Ministries, McNaughton, WI, June, 1995—August, 1995 OTHER LEADERSHIP - Voting Member, American Canoe Association's Coastal Kayak Committee(Fall 2009—present) - Worship Leader; Hope Community Church, St. Charles, IL(2005-present) - Girls Volleyball and Basketball Head Coach, Mooseheart Child, City &School, Batavia, IL (2002-2004) - President and Captain, Men's Volleyball Club Team, Western Illinois University, Macomb, IL, (1997-2000) EDUCATION - Western Illinois University, Bachelors Degree—2000 Major: Recreation, Park&Tourism Management(Outdoor Recreation Emphasis) Minor: Business Administration SCOTT FAIRTY Objective: Management position that will utilize my professional skills and abilities to effectively meet the needs of the company's customers RELEVANT SKILLS General Manager, Retail Store - (10 years experience) • Directed and supervised up to 50 employees. • Generated sales of 5 million dollars per year • Administered accounts payable and payroll. • Implemented computerized accounting system. • Researched and implemented computerized point of sale system for 10,000 sku inventory. • Coordinated store operation activities • Lead by example, hands-on operations, customer service and staff support National Sales Manager- (4 years experience) • Importer of high-end sports equipment and accessories from the United Kingdom • National distributor in the United States • Trained and managed sales representatives • Tracked staff revenues • Created sales reports Sales Representative- (4 years experience) • Sold high end sports equipment and accessories • Developed new sales and maintained existing accounts Merchandising/Marketing- (14 years experience) • Developed effective strategies for product merchandising for 25,000 sq.ft. store • Created displays highlighting slow-moving products resulting in increased sales and reduced markdowns Lecturer/Trainer- (20 years experience) • Provided sales training to new and existing dealerships; including demonstrations and staff clinics. • Expert symposium speaker on a variety of outdoor subjects and use of sports equipment. • Expedition leader for canoeing and backpacking excursions. • Instructor experience includes head kayak, canoeing and rock climbing instructor and trip coordinator for downhill skiing. EMPLOYMENT HISTORY 2009-Present General Manager Geneva Kayak Center Geneva, IL 2004-2009 Owner Kairos Sales Lapeer, MI 2000-2004 General Manager Great River Outfitters Waterford, MI 1996-2000 Owner Kairos Sales Browntown, VA 1986-1996 Management Outdoor Sports Center Wilton, CT 1987-present Freelance writer Various publications 1987-1990 Co-owner Atlantic Kayak Tours Wilton, CT. 1985-1991 Staff Instructor Outdoor Center of New England Miller's Falls, MA. 1983-1991 Instructor White Creek Expeditions New Canaan, CT 1977-1986 Management Hoyt's Geenhouses, Inc. New Canaan, CT EDUCATION Trinity College. Evanston, IL; Perspectives on the World Christian Movement. 1993 Norwalk Community College. Norwalk, CT; Principles of Library Science. 1991 Fairfield University. Fairfield, CT; Accounting. 1981. Southampton College. Southampton, NY; 2 years marine biology and business, 1981. *end notes Our historical sales (which did not include whitewater programs) would have generated the following range of payments to the city: Slow economy-- Programs,rental $12000 Retail products- $8000 Rent $3000 Total payment $23000 Stronger economy-- Program & rentals $18000 Retail products $12000 Rent $3000 Total payments $33000 limited City of Yorkville REQUEST FOR PROPOSAL Name ofProposing Company: Th , �' l L.l' L � � Proposal No. : Proposal Due: Fri iyTuesday. November 239etaber- 29, 2010 at 3 :00 pin Proposal Opening Tuesday, NovemberFfid ,-Aetoler 23 , 2410 at 3 :01 pm Required of All Proposers: w4t- t cc ttrt ' Letter of Capability of Acquiring Performance Bond. Not Required Required of Awarded Lessee: YVIX Certificate of Insurance: Re uired Legal Advertisement Published: N / A Date Issued: Friday, October 22Septe r- 0, 2010 This document consists of 22 pages. Return original and two duplicate copies of proposal along lArIth one compact disc NN11th 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 UNITED CITY OF YORKVILLE 800 CAME FARTM ROAD YOR K W_I F R. 60560 PHONE: 630-553 4350 FA;' : 630-553 .7575 www.yorkvilleaLus United City of Yorkville �z �i' z vTl�7z t�rTV fIF' r4if"I'MI �7 1� nnai� r n, 7r � toA n �� 411 • ri p �� r� �A T ?i # 11.��. ��'rf 5L-a:s. � .�+°u z "Y'"'-?az w. z �� u'�t � ti T`u z z u2i , '4,'.7i , z . P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60550. SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE. The Ohir C ci) resenTes the right to accept arreject any and A prcposa0s, to waive technlcahifies and to accept or reject any item afy proposal. The documents constituting component parts: of this contract are the following: I . R HOIJEST FOR PROPOSALS II. TERMS & CONDITIONS III. DETAILED SPECIFICATIONS IV. PROPOSAL!CDNTRACT FORM DO NOT DETACH AIN PORTION OF THIS DOCUMENT. LNI VALIDATION 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, United City of Yorkville le REQUEST YOR PROPOSALS 1 . GENERAL . ► . 'f�al�cc i� ln�r�'rry gi� en t!r��t t�� �-r,��e� � �% rf `frn�:vii3� ��il� r�c,�r� sea5ed frrrprrsa3� up to r'P .� .19November 23 , 2010 at 3 .00 l _ 1 .2. Proposals will be opened and read aloud in the City Council Cambers at Yorkville City Hall, 800 Came Farm Road on Tuesday, November 2 2010 at 3 ;01 pm. 1 . 3 . 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 .4 _ Proposal forms shall be sent to the United City of Yorkville, ATTN -. fart Olson, in a sealed envelope marked "SEALED PROPOSAL'. The envelope shalt be marked with the name of the project, date, and time set for receipt of proposals. 1 . 5. By sz�l tt1 tbl ptQp s< 1, the lvopciser certifies un&r penah)T of per}u ? that the)r 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, pro, visions, 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 bast 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 addenuulm tiD Our proposers Of reemd. 2 . 3 . In case of error in the extension of prices in the proposal, the hourly rate or unit price gill 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 proposer and will not be reimbursed by the City. The proposes licreby affirms and states- that the pries quoted herein constitut 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 United City of Yorkville voth the rvquireiwelnts of the CiDntraet Dmuments c=sidut'd sv-'erall} aild Zoileetively . 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. 32 . 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. DELIVERY 4 . 1 . All proposal prices are to be Quoted, delivered F =O .B _ City of Yorkville, 800 Game Farm Road, Yorkville, IL 60560, 5. TAX EXEMPTION 5 . 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. 6. RESERVED RIGHTS 61 , 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 subLessees as may be in the best interest of the City. Time and date requireinents for receipt of proposal will not be waived. II. TERMS AND CONDITIONS 7. CITY ORDINANCES 7 . 1 . The successful proposer will strictly comply with all ordinances of the Cit_v of York-Ville and laws of the State of Illinois. &. USE OF CITY 'S NAME 8 . 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 . 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9 . 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 subLessees, and the Proposer, its employees, or its United City of Yorkville subLcssecs, 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 Cite only where a loss was caused by the negligent, willful or reckless acts or omissions of the Proposer, its employees, or its SubLessees . 10. NONDISCRIMINATION 10 . 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 411246 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 . 10 . 2 . It is unlawful to discriminate on the basis of race, color, sex, national origin, ancestry, age, marital status, physical or mental handicap, sexual orientation, 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 511 - 101 et. seq. , and The Americans With Disabilities Act, 42 U.S .C . Secs . 12101 et. seq_ 11 . SEXUAL HARASSMENT POLICY 11 . 1 . The proposer, as a party to a public contract, shall have a written sexual harassment policy that- 1 . 1 . 1 . Notes the illegality of sexual harassment; 11 . 1 .2 . Sets forth the State lave definition of sexual harassment; 11 . 1 . 3 . Describes sexual harassment utilizing examples ; 11 . 1 .4 . Describes the Proposer's internal complaint process including penalties, 11 . 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 11 . 1 . 6 . Describes the protection against retaliation afforded under the Illinois Human Rights Act. 12. EQUAL EMPLOYMENT OPPORTUNITY 12 . 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 United City of Yorkville Regulations of the Illinois Department of Human Rights k"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: 12 . 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 . 12 . 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. 12 . 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. 12 . 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 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. 12 . 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 . 12 . 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. 12 , 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 subLessee. 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 subLessees, and further it will promptly notify the contracting agency and the Department in the United City of Yorkville event any subLessee fails or refuses to comply therewith . In addition, the Proposer will not utilize any subLessee 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. 139 DRUG FREE WORK PLACE 13 . 1 . Proposer, as a party to a public contract, certifies and agrees that it will provide a drug free workplace by- 133 . 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 . 13 . 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_ 13 . 4 . Providing a copy of the statement required above to each employee engaged in the perfonnance of the contract or grant and to post the statement in a prominent place in the workplace . 13 . 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 . 13 . 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. 13 . 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_ 13 . 8. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 14. PREVAILING WAGE ACT 14 . 1 . Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 13011 et seq. , for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or United City of Yorkville mechanics who perform work pursuant to this contract or related subcontract. 14 . 2 . Proposer and each sublessee 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. 15. INSURANCE REQUIREMENTS 15 . 1 . Prior to the beginning of the contract period, Lessee and any SubLessees 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 Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by any ofthem, 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 ,00OW Each Accident $ 1 ,000 ,000 Disease Policy Limit $ 1 ,000,000 Disease Each Employee Comprehensive General Liability $2 ,000,000 Each Occurrence $20000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $ 1 ,000,000 Each Accident Umbrella Liability $3007000 15 . 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. 15 . 3 . Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned, hired and non-owned automobiles . 15 . 4 . Workers Compensation coverage shall include a waiver of subrogation against the City . 15 . 5 . Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full miminuin limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 15 . 6 . Lessee and all SubLessees shall have their respective Comprehensive General Liability United City of Yorkville (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 Lessee of SubLessee employees, or the employees of SubLessee ' s sublessees 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 . 15 .7 . Lessee and all SubLessees 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- VllI. In the event that the Lessee or any SubLessee 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 Lessee or SubLessee, or withhold funds in an amount sufficient to protect the City, or terminate this Agreement pursuant to its terms . 15 . 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 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 Lessee or SubLessee of any deficiencies in such documents, and receipt thereof shall not relieve the Lessee or SubLessee 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. 16. COMPLIANCE WTTH OSHA STANDARDS 16. 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. 17. SUBLETTING OF CONTRACT 17. 1 . No contract awarded by the City shall be assigned or any part sub-contracted without the written consent of the Director of Parks and Recreation. In no case shall such consent relieve the Awarded Proposer from their obligation or change the terms of the contract. 18. TERM OF CONTRACT 18 . 1 . This contract may be extended no more than twice for subsequent annual periods (two annual extensions) by mutual agreement of both parties, providing such agreement complies with City purchasing policies and the availability of funds. However, if this United City of Yorkville contract is not one that is subject to extension , such information will be available in the detailed specifications or special conditions section, supra_ 19. TERMINATION OF CONTRACT 19 . 1 . The City reserves the right to terminate the whole or any part of this contract, upon thirty (30) 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 terrns and in such manner as the City may deem appropriate, supplies or services similar to those so terminated. 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. 20. BILLING & PAYMENT PROCEDURES 20 . 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. 20 . 2 . The City shall review in a timely manner each bill or invoice after its receipt. Tf 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 501LCS 50511 et seq . The notice shall identify the defect and any additional information necessary to correct the defect. 20 . 3 . Please send all invoices to the attention of City of Yorkville, Accounts Payable, 800 Game Farm Road, Yorkville, IL 60560 . 21 . RELATIONSHIP BETWEEN THE PROPOSER AND THE CITY 21 . 1 . The relationship between the City and the Proposer is that of a Lessor and Lessee. 22. STANDARD OF CARE 22 . 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. 22 . 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. United City of Yorkville 23. GOVERNING LAW 23 . 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. 249 SITCCESSORS AND ASSIGNS 24 . 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. The Proposer will provide a list of key staff, titles, responsibilities, and contact information to include all expected sub Proposers . 25. WAIVER OF CONTRACT BREACH 25 . 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. 26, AMENDMENT 26 . 1 . This Agreement will not be subject to amendment unless made in writing and signed by all parties. 27. SEVERABILITY OF INVALID PROVISIONS 2711 . 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. 28. NOTICE 28 . 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: Director of Parks and Recreation City of Yorkville 800 Game Farm Road. Yorkville, II, 60560 And to the Proposer as designated in the Contract Form. III. DETAILED SPECIFICATIONS 29. DEFINITIONS 29. 1 . For the purpose of the Contract, definitions of certain terms are listed below. Certain United City of Yorkville 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. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, and pending successful completion of contract negotiations, shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property, subject to restrictions. Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals, Terms and Conditions, Detail Specifications and the Concession Lease Agreement Lessee shall mean the firm with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. Specifications shall mean specifications identified in the Contract. 30. OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30 . 1 . In general terms, the City is seeking to grant a lessee the exclusive privilege of operating a business on the premises generally located at 301 E Hydraulic Street in Yorkville, and as more specifically described in this document. 30 . 2 . For purposes of evaluating the proposer' s experience and certifications, copies of resumes for all proposed operators, managers and major employees for the business are required in the proposal . Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30 . 3 . The City shall have the right at all times to inspect the premises occupied by the Lessee in conducting its services and sales . 30 . 4. The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises . Any capital improvements done on the premises over $ 10,000 in value shall be approved by the Park Board prior to commencement. Any capital improvements done on the premises of $ 10,000 or less shall be approved by the Director of Parks and Recreation prior to commencement. Any capital improvements must be inspected by the City and all work and contractors must be licensed, bonded, and insured. United City of Yorkville 30 . 5 . At the end of the agreement term , the City shall conduct an inspection of the premises, and the lessee shall be informed of the outcome of said inspection. The lessee shall be responsible for returning the premises to its original state, subject to the discretion of the Park Board. 30 . 6 . The lessee does not have exclusive rights to all concession operations within the park, but rather, only to the specific operation at the specific location as described in the Concession Lease Ag=reement. 30 . 7. The City agrees to furnish to the Lessee access to City water and sewer utilities. The Lessee is responsible for applicable usage payments for all utilities (sewer, water, electricity, phone, internet, etc. ) . The lessee is responsible for costs associated with utility connections and upgrades. 30 . 8 . If the lessee chooses not to occupy the building through the winter months, the lessee shall take all necessary precautions and measures to properly winterize the building. These precautionary measures shall include, but not be limited to, maintaining a minimum level of heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing conditions. If alternative methods of winterizing are to be utilized, those methods shall be subject to approval from the property owner. 30 . 9 . The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features, and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features. 31 . PAYMENTS AND OTHER REPORTS TO THE CITY 31 . 1 . The lessee is required to submit certain payments, forms, financial statements, and other items on a timely basis . Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31 . 2 . The lessee, at minimum, shall make payments equivalent to 5% of the annual sum of the total adjusted gross receipts. Said payment shall make said payment prior to February 1 of each year. 31 . 3 . The lessee, at minimum, shall make premises rental payments of $200 per month for each month through the life of the agreement, due prior to the first of each calendar month . 31 . 4 . The lessee shall provide the City with a security deposit in the arnount of $5 ,000 , to be due to the City prior to start of the agreement term. Said deposit shall be held until after the end of the term of the agreement, and will be used to offset any damage to the premises . 31 . 5 . The lessee shall provide to the City, prior to the start of the lease, confirmation of insurance coverage for the premises and the operations of the business for the entire term , United City of Yorkville with the City narned as additional insured on all policies. 31 . 6 . The lessee shall provide to the City, prior to the start of the lease, confirmation of business interruption insurance coverage for the operations for the entire lease. In the event that the City is the cause of the business interruption and agrees to credit the lessee an amount to offset the business interruption, said amount will be credited against the security deposit or future rent payments, at the City ' s discretion . 31 . 7. Failure to meet any deadline for payment will result in an interest charge of 10% on said late payment. 31 . 8 . The lessee is required to submit an annual concession financial statement by January_ 30 of each year. 32. FIRM QUALIFICATIONS AND EXPERIENCE 32 . 1 . The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full -time and/or part-time basis. 32 . 2 . The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant experience of its firm on similar engagements. 32 . 3 . The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary, background checks may be required of the successful bidders personnel that will be employed under this contract. 33. TERM OF CONTRACT 33 . 1 . The term of the Contract shall be negotiated in the contract, but will generally be for a two year-period with the City having an option to exercise two, two-year option terms. The Lessee 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. 34. PRINCIPAL CONTACT FOR CITY 34 . 1 . The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson, Interim Director of Parks and Recreation, 630-553 -4350 or bol so. (&orkvi l l e. i l .us. 35. ALTERNATIVES AND DEVIATIONS 35 . 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 Lessee. 35 . 2 . Other alternatives from the specifications in Section 111 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 Lessee United City of Yorkville shall use Appendix 3 , Schedule of Alternatives and Deviations, for listing other alternatives . 35 . 3 . If the Lessee 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 Lessee shall use Appendix 3 , Schedule of Alternatives and Deviations, for listing proposed deviations. 35 . 3 . 1 . If the Lessee 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. 35 . 3 . 2 . 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. 36. EMPLOYEES '56 , ] . The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient manner, to use care and diligence in the performance of this contract, and to provide neat, orderly and courteous personnel . The Lessee 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 job while on duty or in the course of performing their duties under this contract. The Lessee 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 Lessee ' s employees will be attired, at all times, in a professional -type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative 37. ACCIDENT PREVENTION 37 . ] . 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 safety provisions. 38. TAXES, LICENSES & PERMITS 38 . 1 . The Lessee shall pay all sales, use, property, income, and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee ' 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 Lessee 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. 39. DEFAULT 39. ] . If the Lessee fails to observe any portion of the Concession Lease Agreement and 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 Lessee, that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within United City of Yorkville twenty-four (24) hours of said notice. If at the end of the twenty-four (24) hour period, the Lessee 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 Lessee. The Lessee 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 Lessee for a period of up to one-hundred-twenty ( 120) days from the date of notice of default. United City of Yorkville IV. PROPOSAL FORM ***TYHS PROPOSAL,WHEN ACCEPTED AND SIGNED BV AN AIITMORIZED SIGNATORY OF THE CITY OF YORKCVI.LLE,SHALL, BECOME A CONTRACT BINDING UPON BOTH PARTIES, Entire Block Must Be Completed When A Submitted Proposal Is To Be Considered For Award PROPOSER: - —– Date: Company Name ar ress Street Address of Company 7�f'd w✓1 `�� {�+�� ��• +�'�'�� Contact Name (Print City-,-State,Zip _ _ 00siness F- our o re o ]f ,Pao Sole Proprietor r ,✓r 4� r Print Name,& Title ATTEST: If a Corporation Si u e of Corporation ecretary CITY OF YORKVILLE: ATTEST: Authorized Signature Title Signature of City Clerk 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 at the standards described herein within the time specified above. United City of Yorkville PROPOSEWS CERTIFICATION (page I of 3) With regard toy.&, 118. LAC ee 6#60 , proposer s,-y S. 1�jro w ,,� hereby certifies (Name of Project) Game of Proposer) the following: 1 _ Proposer is not barred from bidding this contract as a result of violations of Section 720 TLCS 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 11 el seq. , for all work completed. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. Proposer and each subLessee 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 subLessees 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, Lessee and subLessee. 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 TLCS 130/2 , Lessee 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 Mat 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 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 ri ith the agreement. 13Y: - Proposees Authorized Agent F ERA�LT A�XP A�VFE MI NTIFICATYI0N NITK B ER or Social Security Number Subscribed and sworn to before me this'DD- day of NJ Public) -- s Fr`I I Out Applicable Paragraph Below JOHN G.`9FHO� ) Public-stele ct?hftje MY C"MW[on EXPIMS Oct 21.2W i (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of ::77li►`n0 , wvhich operates under the Legal name of G - lc,k LLB- , 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: United City of Yorkville PROPOSER'S CF.RTIFiCA-HOM(page 3 of 3) The partnership does business under the legal name off 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 ln, t LFL - Agent Street Address City, State, Zip Code Telephone Number Me affirm that the above certifications are true and accurate and that 11µ-e have read and understand them. Print Name of Company: -TI L L-C, Print Name and Title of Authorizing Signature: jFCr owV1 M4L,&Ai —�- L Signature: Date: / - 2-40 United City ofYorkville APPENDIX SCHEDULE OF ALTERNATIVES AND DEVIATIONS Please list any proposed alternative or deviation to the minimum payment percentages and amounts,and other standards as outlined in the specifications section ofthis document. (Please attach additional sheets if necessary.) ol'Afternative/Deviation �('1c (.c}co >lptfi vK�ft �"rwncnij e.�viVe�ctir id S% e!-+Ik mend!) S✓wt 3,. Z aF ad\vS}ec� r a`� fcfe:frf57h;S Sv.n �5 i9 nc I' N e ca><k i2o0 4e+. cw•yb'.+e.A tv ;4kn Jehi". THese v31 m w.°n4ti 21 United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS t Name of Business: by Yz' lam!"� L�–�- Business Address:Mailing Address: yc: J� ✓ � �`� -� t '�� Business Number: SEENEW- 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 _41 A49t Days of Operation: –7 dety S k- we_er Business Hours: FAA Number of Employees: Supervisors: Drivers: Office Personnel: To all those concerned, It is my intent as the founder of the Yak Shack to lease the building at 301 E. Hydraulic Street, Yorkville , Illinois for the following purposes. The primary source of income for this business will be the rental of inflatable funyaks for use on the new course. A secondary source of profit will be the sale of snacks and beverages that do not require health permits. Additional revenue is to be produced by sales and rental of kayaks and associated equipment. I hope to include the Park District in my efforts to educate the local citizens who wish to learn to use the course to the fullest of their abilities as well, by continuing to provide classes at the local recreational center. It is also possible that cooperative charter trips may be arranged through as well. Some aspects of doing business will not have a profit motive. The Yak Shack would be providing restroom and changing facilities for the general public. There is also a significant amount of clean up that will be required to keep the course safe and free of debris in the eddies. I also intend to provide a sanitizing rinse for kayaks to prevent the potential transfer of non-indigenous species. It is with these things in mind along with the start up costs to be incurred that I offer a sum of $300.00 and 5% of gross sales to a combined maximum of$1200 per month for use of the building. This will exclude any payments from the park district for cooperative efforts. Thank you, Jeffery S. Brown The Yak S ack LLC. _ Reviewed By: Agenda Item Number It lk YMKVLLLE Parks ❑ Recreation ❑ PRRK�g s RECRMTTC" Director ■ TD City Administrator ❑ Tracking Number L Legal ❑ Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Strategic Planning Agenda Date: January 13, 2011 Synopsis: Discussion on FY 10/11 goals and creation of FY 11/12 strategic goals. Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Action Requested: Discussion Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: Reviewed By: Agenda Item Number It lk YMKVLLLE Parks ❑ Recreation ❑ PRRK�g s RECRMTIC" Director ❑ TD City Administrator ❑ Tracking Number L Legal ❑ Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Raintree Park B Fencing Bid Award Agenda Date: January 13, 2011 Synopsis: Award a contract for fencing construction for Raintree Village Park B Tennis Courts. Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Action Requested: Approval of contractor. Submitted by: Laura Schraw Community Development Name Department Agenda Item Notes: See attached memo. ° ''`o Memorandum EST. ,Z 1836 To: Yorkville Park Board From: Laura Schraw, City Park Designer 0 L (0 CC: Scott Sleezer, Superintendent of Parks ad�Ia o Ty =0 Bart Olson, Interim Director of Parks & Recreation CIE January 7, 2011 Subject: Raintree Park B Tennis Court Fencing On November 30, 2010, we opened the bid results for the Raintree Park B Tennis Court Fencing. Bid results are as follows: Comp anX Total Base Bid Alternates #3 & #4 Total Action Fence Contractors, Inc. $29,526.00 $29,300.00 $58,826.00 Custom Built Fence $34,026.00 $6,800.00 $40,826.00 Fence Connection, Inc. $31,975.68 $6,000.00 $37,975.68 Kendall County Fence $36,810.00 $41,000.00 $77,810.00 Northern Illinois Fence $35,955.60 $33,979.00 $69.934.60 Peerless Fence $32,665.00 $31,280.00 $63,945.00 Alternates#3 and#4 are for the PVC coating upcharge for the tennis court fencing and the baseball backstop fencing. Staff recommends selecting the PVC coating alternate. Discrepancies in the Alternate bids were because several of the contractors assumed that the alternate was for furnishing the fence in the alternate bid, not just an upgrade charge for PVC coating. It was clearly stated that the alternate was to be for PVC coating only, not furnish and install PVC coated fencing. If we were to include the galvanized fence as an add alt and the PVC coated fence as an add alt, then they would have bid it correctly because we would be selecting one of the two alternates. As our bid documents are written, the contract awarded is for the BASE BID plus any alternates that are selected. The City Attorney has reviewed these documents and recommended selecting the bids as they were bid to the City. Re-bidding the project would cost significant Staff time for changes to plans,preparation of construction documents and specification books, printing costs, newspaper advertisement, and plan distribution, collection, and bid opening, checking references, and recommending a contractor. The result of bidders trying to underbid each other rather than completing the work for the appropriate cost could impact the quality of construction. Rebidding would only result in minimal savings because the bids would be slightly lower, but the Staff time spent on re-bidding would significantly decrease any real savings. All references for Fence Connection, Inc. have indicated that they are a reputable contractor. Staff is requesting that we award the bid to Fence Connection, Inc. out of Elgin, IL, in the amount of$37,975.68. Reviewed By: Agenda Item Number It lk YMKVLLLE Parks ❑ Recreation ❑ PRRK�g s RECRMTIC" Director ❑ TD City Administrator ❑ Tracking Number L Legal ❑ Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Raintree Park B Surfacing Bid Award Agenda Date: January 13, 2011 Synopsis: Award a contract for surfacing construction for Raintree Village Park B Tennis Courts. Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Action Requested: Approval of contractor. Submitted by: Laura Schraw Community Development Name Department Agenda Item Notes: See attached memo. ° ''`o Memorandum EST. ,Z 1836 To: Yorkville Park Board From: Laura Schraw, City Park Designer 0 L (0 CC: Scott Sleezer, Superintendent of Parks ad�Ia o Ty =0 Bart Olson, Interim Director of Parks & Recreation CIE January 7, 2011 Subject: Raintree Park B Tennis Court Surfacing, Excavation, and Grading On November 30, 2010, we opened the bid results for the Raintree Park B Tennis Court Surfacing, Excavation, and Grading. Bid results are as follows: Company Total Base Bid Accu-Paving $116,078.90 Evans & Son $87,910.70 M-C Sports $114,285.53 No alternates were selected. The only alternate in the bid is a unit cost for geotextile fabric in case of unstable soils found during excavation. Soil borings are not completed prior to construction documents due to the cost. Therefore, the unit cost of geotextile fabric is included as an alternate bid in case substandard soils are encountered during construction. With an established unit price included in the alternate bids, if necessary, the contractor, as directed by Staff, would install fabric to stabilize the subbase at the unit cost listed. All references have indicated that Evans & Son are a reputable contractor. Staff is requesting that we award the bid to Evans and Son Blacktop, Inc., of West Chicago, IL, in the amount of$87,910.70. Reviewed By: Agenda Item Number It lk YMKVLLLE Parks ❑ Recreation ❑ PRRK�g s RECRMTIC" Director ■ TD City Administrator ❑ Tracking Number L Legal ❑ Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Office building use Agenda Date: January 13, 2011 Synopsis: Discussion of moving Parks and Recreation staff, services, and programs to different buildings. Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Action Requested: Approval Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: 4DLg *YOP V� 202 East Countryside Parkway. Yorkville, IL 60560(630) 553-2582 (630) 553-2644 fax Email: recreation(a�yorkvillle.il.us www.yorkville.il.us PARr,s &. RECREATION Fitness & Recreation for Our Community Memo To: Bart Olson, Interim Director Parks and Recreation Department From: Tim Evans, Recreation Manager—Scott Sleezer, Superintendent of Parks Re: South Preschool & Storage Building locations Date: 1-4-2011 With the Riverfront Trailer building (301 E. Hydraulic) at this time being proposed to be leased to an outside business,we will need to move the current Parks and Recreation storage items from that location to a new storage facility. In addition, the South Preschool (131 E. Hydraulic) currently located at Riverfront Park, is in a great location for the building to be rented out on a daily basis by outside groups and organizations. We can envision outside groups/organizations wanting to rent the facility in conjunction with the new bypass channel and even a potential 2nd new business wanting to lease the front part of the building. Since we will have to move the storage items out of the Riverfront Trailer building and with the untapped potential of renting out the current South Preschool building, we are proposing that we move the South Preschool and the Parks and Recreation storage items to what was the Recreation Administration offices (201 W. Hydraulic St.) to be used as the new South Preschool location and storage facility. This move can have numerous positive results on the Parks and Recreation Department as well as the community in the following ways: 1) By renting out the current south preschool facility for rentals, it will generate new revenue streams for the department. 2) The rental building will offer residents and non-residents a rental facility year-round at Riverfront Park/Bypass Channel. 3) The new kayak/canoe business would be able to rent out the building for kayak/canoe classes and instruction. 4) We may be able to offer kayak/canoe classes at the facility. 5) A potential carry-out/drive up restaurant could be placed in the front area of the building which would allow for an additional business lease, i.e. new revenue for the department and business for the community at Riverfront Park/Bypass Channel. 6) The south preschool would be moving into a larger facility, which would allow for the program to grow and offer more to the community. "The achievements of an organization are the results of the combined effort of each individual." 7) Additional youth classes and camps may be held in a larger facility. 8) Board and/or city committee meeting may be held at either building. With this potential move we will have some small capital costs ($2,000): 1) Painting the conference room to meet preschool standards & paint the rental bldg. - $500 2) Mulching the enclosed/fenced in area of the parking lot for a moveable playground set - $1,000 3) A potential wall divider to allow more than one rental at the current south preschool - $500 "The achievements of an organization are the results of the combined effort of each individual." Reviewed By: Agenda Item Number It lk YMKVLLLE Parks ❑ Recreation ❑ PRRK�g s RECRMTTC" Director ■ TD City Administrator ❑ Tracking Number L Legal ❑ Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Staff reports Agenda Date: January 13, 2011 Synopsis: Written reports from the Recreation Manager and verbal reports from the City Parks Designer and Superintendent of Parks. Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Action Requested: Discussion Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: YORKVILLE RECREATION DEPARTMENT Monthly Report Park Board Meeting Month of December 2010 All practices for the 1 st/2nd Coed, 3rd/4th Coed, and 5th/6th Boys Basketball started the week of December 6. Both the 1 st/2nd Grade Basketball League and the 3rd/4th Basketball League will practice once a week for an hour throughout the season. The 5th/6th Boys Basketball League will practice twice a week for an hour and a half throughout the season. The practices are held at the Circle Center Grade School,Yorkville Intermediate School, and Bristol Bay Elementary School. The games are scheduled to start the first and second week in January. The Yorkville Recreation Department also has two travel teams participating this year. There will be one 7th and one 8th Grade Boys Travel Teams. They are currently practicing at Grande Reserve for an hour and a half to two hours a couple times a week. They will be participating in the Tri-County Basketball League with the majority of their games played in Somonauk. They are scheduled to start games January 8 and will continue through February 26 for the 8th Grade Team and March 12 for the 7th Grade Team. The Basketball Open Gym at the REC Center has become extremely popular over the month of December. Approximately 110 participants excluding REC Center members have paid to play basketball in December (excluding week of December 27)bringing in$550 just in Open Gym fees_ December brought the end to our fall fitness classes and the start to the winter session. Enrollment for classes increased significantly during the second session of fall and we saw the trend continue into the winter session. Also in the month of December we had over 70 kids write letters to Santa,in our Letters to Santa program. Santa was able to respond to all of the kids and the Kendall County Record placed one of his/our favorite letters in the paper. Parker's Playtime Preschool held their annual Christmas Parties with a visit from Santa. Priority registration for the 2011-2012 Preschool started this December and resident/non-resident registration will take place in January. Ready Set Go finished up this December and will start up in January with a full class. Seasonal Classes/Programs Fall/Winter: Adult BBall Open Gym Youth BBall Open Gym Adult Volleyball Open Gym All Star Soccer All Star Parent/Tot All Star Basketball Kids First Tumbling Kids First Basketball Kids First Volleyball Tot Hockey Little Learners Kid Rock I 7th Grade Boys Travel Basketball 5th/6th Grade Girls Basketball Ready, Set, Go Aqua Bootcamp Group Training Kidz Club Knitting Club Cardio Collision Aqua Pre Tumblers Shake, Wiggle, Giggle Group Power The Resolution Senior Fit Open Gyms Kreative Kreations Flow Yoga Silver Sneakers Indoor Cycle Resolution Class Zumba Swim Lessons Pilates Club Flex Core &More Dance Classes Short Sports Exit Survey Summary: Scholarships Awarded/Grants Received: December Pre School $0.00 General $0.00 Special Recreation $0.00 Fall/Winter Session—Different Types: Fall/Winter—44 Sections - 288 Enroll. - 1,991 Ran— 191 (67%) Cancelled—50 (18%) Pending 42 (15%) Residents - 1,001 (70%) Non-res—420(30%). Professional Development: IPRA Conference Jan 27—29, 2011 Facility Agreements: (Fall/Winter) ■ We are using the following facilities for our current programs and in the near future: Yorkville Schools: YIS, Circle Center, Bristol Bay and Grande Reserve. We will use our own classroom at the Riverfront Recreation Bldg. Our second Preschool is located at the Riverfront Recreation Building. Many fitness, swim and sports classes are being held at the REC Center. REC Center: The REC Center Memberships for the month of December(22'd): (Attached: comparison report) New: 113 Renew: 201 Total: 314 Total Active Passes for all types to date: #1,438 Residents: 980 (72%) Non-Residents: 385 (28%) Male: 627(48%) Female: 685 (52%) Special Revenue Highlights: Upcoming Projects and Events: Winter Fun Night @ the REC Center Fri. Jan. 14 REC Center Membership Promotion starting Jan. 14 through Jan. 16 Respectfully submitted, Recreation Department Staff PASS TYPE: TOTALS (For All Types) Comparison Report Memberships for 2009-2010 Memberships for 2010-2011 New Renew Total New Renew Total Variance May 69 146 215 100 121 221 6 June 95 64 159 110 184 294 135 July 74 195 269 77 231 308 39 August 44 125 169 57 168 225 56 September 68 107 175 46 153 199 24 October 93 107 200 59 101 160 40- November 175 119 294 91 123 214 80- December 76 266 342 0 4 4 338- January 146 155 301 0 0 0 301- February 124 165 289 0 0 0 289- March 104 138 242 0 0 0 242- April 52 134 186 0 0 0 186- Totals 1,120 1,721 2,841 540 1,085 1,625 1,216- Future Park Board Agenda Items Additional Executive Meeting Date Old Business New Business Staff Reports January 27,2011 1. Audit presentation(TENTATIVE) 1. Director's(written) 2. Riverfront Park Use policy 2. Recreation(verbal) 3. Park rental Policy 3. Parks(written) 4. Youth baseball agreements 4. Parks Designer 5. December 2010 Budget Report (written) 6. Park naming request-Sperling naming request February 10,2011 1.Director's(written) 2. Recreation(written) February 2010 Budget Report 3.Parks(verbal) February 24,2011 1.Director's(written) 2. Recreation(verbal) 3. Parks(written) 4. Parks Designer written