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Park Board Packet 2011 08-25-11 Yorkville Parks & Recreation Department Administration Office - REC Center 202 E Countryside Parkway Yorkville, IL 60560 630-553-4357 Park Board Meeting Agenda City Hall conference room -- 800 Game Farm Road 7:00 p.m. August 25, 2011 Call to Order: Roll Call: Ken Koch, Debbie Horaz,Kelly Sedgwick, Vickie Coveny,Seaver Tarulis,Amy Cesich, Mark Diiday Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation—Laura Schraw, Superintendent of Recreation—Tim Evans, Superintendent of Parks—Scott Sleezer,City Council Liaison to Park Board—Diane Teeling,Ward 4 Alderman Public Comment: Presentations: Approval of Minutes: August 11,2011* Bills Review: Bill list* Old Business: New Business: American Taekwondo Association REC.Center Small Gym Proposal* Reports: Director's Report Recreation Report Parks Report Additional Business: Executive Session: Adjournment: Next meeting: September B, 2011 *Items needing Board approval or recommendation Yorkville Parks and Recreation Department City Conference Room 800 Game Farm Road, Yorkville, IL 60560 August 11, 2011 Call to Order: Ken Koch called the meeting to order at 7:05 p.m. Roll Call: Ken Koch—yes; Debbie Horaz—yes; Kelly Sedgwick—yes; Seaver Tarulis—yes;Amy Cesich--yes; Vickie Coveny—yes; Mark Dilday- no Introduction of City Officials and Staff: Interim Director of Parks and Recreation—Laura Schraw; Superintendent of Parks— Scott Sleezer; Tim Evans— Superintendent of Recreation; Carlo Colosimo— Alderman; Rob Frederickson—City Finance Director Public Comment: There were no public comments. Presentations: There were no presentations. Approval of Minutes: The minutes from July 28, 2011 meeting were approved. Motion was made by Deb Horaz and seconded by Seaver Tarulis. Bill Review: Ken Koch stated that there was a$4,000.00 check for cash out for Hometown Days. Tiny Evans stated that we take out $4,000.00 out, but it comes back here each day in the safe and thercis a deposit each night so by the end of the weekend there will be around$60,000.00 to deposit, so the $4,000.00 will be paid back by the funds that are made at Hometown Days. Tim stated that it is used to have smaller bills to break larger ones. Ken asks for a motion to approve bills list. Motion made by Vicki Coveny and seconded by Kelly Sedgwick. Old Business: July 2011 Budget Report - Laura Schraw stated that Rob Frederickson asked if we could put this item on the second meeting of the month instead of the first. It is difficult for them to get it ready for the first meeting. Rob said that he wanted to get the bank record done before doing financial reports so that we do not mistake something. The board agreed to that change. Deb Horaz asked if they could get a 12 9 PAGE 0 19 month period to look at, so that they can do comparisons. Rob Frederickson stated that is not a problem. New Business: 2012 Baseball Agreement Fees - Ken stated that we table this item because there is going to be some more changes before next meeting. Laura Schraw stated that if we are going to change anything, it will be difficult because we have to let them know by August 31st due to our contract. Ken Koch stated that there is a meeting coming up that different ideas are supposed to be discussed, so he asked if the board wanted to discuss this item tonight. Tim Evans stated that the only change he has is the tournament rentals date can be given to them earlier than December 1St. He stated that he already has people calling him asking if they can book the same weekends they had previously. Scott Sleezer stated that letting them know sooner is better because they make a lot of money off of these tournaments in concessions. Tim Evans stated that is the only change on their end. Laura Schraw stated we are not approving a new agreement, we just need to let them know by August 31St if we are going to change any of our fees. Laura stated that all we need to do now is state that we are keeping the fees the same. The meeting that is supposed to happen is on August 22"d, so we can put this topic on our next agenda for further discussion. Amy Cesich asked if Laura could e-mail them the information from that August 22nd meeting so that they can look it over before the next Park Board Meeting. Ken Koch stated that apparently they are looking at doing it like Fox Valley runs their fields. Tim Evans stated that the Park Board and City Council has to approve the changes. Kelly Sedgwick stated he would not want to see the local people want the fields and then be upset because we are renting them out to others. Scott Sleezer stated that local people are playing in those tournaments. The board agrees that they are fine with leaving the pOces the same at this point. Ken Koch asks for a motion on 2012 Baseball Agreement fees. Vickie Coveny made a motion and Deb Horaz seconded. Financial Hardship RFC Center Fee *—Tim Evans stated a lot of people are going through tough times in this economy. He stated that sometimes we have people stating that they cannot afford the $40.00 a month, but could do $15.00. Tim stated that instead of losing them as a member, give them a break for a short time,by filling out forms and work with them for a short amount of time until they are back on their feet. Amy Cesich asked what the guidelines are going to be to decide who is under hardship. Tian stated that there are forms that are in the 79 budget. Ken Koch stated that there;is not a lot of people using that. Tim stated that it would be the same on this. Ken asked are all members going to be the same? Tim stated that it would have to vary and not be past 6 months. Tim stated that every situation is different and we would have to deal with it differently. Deb asked if instead when they come back when you are employed again, we could give you a break on signing up again. She stated that if you are not working, you have other priorities like food and electricity. Tim stated that some residents need it for their children and to destress. Tim stated that if we lose them we won't get them back. Tim stated that he doesn't think it is a huge amount of people that would be using this. Tim stated that if we can keep them, in the long run they will pay more. Tim stated that they bring in the check stubs etc. Deb Horaz asked what if they don't have a check stub? Deb Horaz asked about maybe having them do some volunteer work or something. Ken and Deb stated that they do not believe that they will not comeback after they get a job back. Deb Horaz stated that she thinks that when they come back we could waive the start up fee. Amy Cesich asked what about the mom's that state they really need it for stress relief. Deb Horaz stated that it is a luxury. Ken Koch stated that we need some 0 PAGE 0 20 really strong controls if this is done. Kelly Sedgwick stated waiving the cancellation fee or joining fee would be a good way to do it. Kelly Sedgwick stated that we have to cut back our spending on parks etc. He stated that it is tough times for everyone, so he doesn't see how we can do something like that. Amy Cesich stated that she would like to see something come back once there is a plan put into place. Kelly Sedgwick asked if you are laid off'and collecting unemployment and if you come back within two years, we waive the joiners fee. Tim Evans stated that he will put together a more structured plan and bring it back to the next meeting. Amy Cesich stated that she works for a doctor and it is analyzed by each case and people don't always take advantage. Vicki Coveny stated that they can still buy a daily pass and they can come once a week. Ken Koch stated that he would like Laura Schraw to be involved in this. Account Signers for Park and Recreation Bank Account--Rob Frederickson stated that this is just an effort by staff to streamline the process associated with accounts payable and reduce the amount of signers from eight to four, the Mayor, myself, treasurer and city administrator. It eliminates things like possible misplacement of checks and you don't have to disclose personal information to the bank. It removes the headaches of changing signers as people come and go in the Park Board. Rob stated that the board will still have the right to review and approve the checks that will not change. He stated that no checks will be issued without the board's approval. Ken stated that he said that he still has concerns that could happen. Rob stated that it has been implemented with the city council. Rob stated that on the bill list they will include a check number so that if you wanted to pull any check for any reason, it can be done. Ken Koch asked if the director position can be put in with these others so that the director can see and review this process. Laura stated that she could look and review the checks before they are signed. The board agrees that they would like Laura to check and review all checks and then they feel okay with this change. Reports Director- Laura stated that she did talk to Geneva Kayak about changing their sign. She stated that they are planning on keeping the sign and then having the Yorkville Outdoor Center on there too. Deb Horaz stated that is not what was discussed. Ken Koch asked what was in the lease. Amy Cesich stated it is difficult to change the name. Ken stated that they don't want to lose the business they have. Laura stated that their plan is to have Geneva Kayak and then say Yorkville Outdoor Centex' underneath it. Laura stated that the agreement they turned in says Geneva Kayak on it. Laura stated that she will look into it and let the board know. She stated that she wanted to just let the board know that she did call and speak to them about the issue. Laura asked the board about the bar tending challenge. She stated that Gary was talking about it in City Council meeting. Ken Koch stated that the plan is to see who can make the most tips. Scott Sleezer stated that the tent has two serving windows and each of you can collect tips in a charity of your name and at the end of the night the group with the most tips gets to keep both sides. Parks Report— Scott Sleezer stated that Raintree Park B playground is done. He said that they are finishing up pouring a concrete table. He stated that he took his daughter out there and he said that the park is very busy and it was much needed. He stated they are working on the trail and parking lot. He stated that we might be pushing up against cold weather. He stated that they are looking at doing a paver parking lot. Deb Horaz asked if there was a problem with parking. Scott said no,but when the 0 PAGE 0 30 tennis courts are open he thinks they will need more parking. There is parking at the school. Recreation Report—Tim Evans stated that the last Music Under the Stars is this week. He stated the fall catalog should be delivered door to door this weekend. He stated the budget is still moving in a good direction. The deficit keeps going down. He stated that the memberships should start to increase now that the kids are going back to school. Additional Business: Ken Koch asked Laura about the Coleman naming issue. Laura stated that they did speak to the family and they said that they would really like the tennis courts to be named for him. She stated that the application is underway. The Mayor will mention the plan when he speaks on September 11th. When the park is completed, there will be a ribbon cutting and they will invite the family and present the plaque. Suspend Regular Meeting to go into Executive Session: Motion to suspend regular meeting and go into executive session was made by Amy Cesich and seconded by Kelly Sedgwick at 8:10 p.m. Regular Meeting Call To Order: Motion was made by Kelly Sedgwick and seconded by Amy Cesich to call regular meeting to order at 8,57 p.m. Adjournment: Seaver Tarulis made a motion to adjourn meeting and it was seconded by Kelly Sedgwick. Meeting was adjourned at 8:58 p.m. Next Meeting: August 25, 2011, City Hall ':Items needed Board approval or recommendations Minutes Respectfully Submitted by: Lisa Godwin 0 PAGE 0 40 r+ I O to O O O tD m Do kD p I Q In G O m y r T~ tf1 Q I . 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I d ?+ tG tK U I a+ fW an d .1 W o W b W U Q 1 r o r 0, r a co 9 co cG [s A I. 1 o x W I xc AO I >" o I F co Z 1 H O 1 U a 1 H w 1 W H O 1 F w 1 z w 1 Q .e I � 1 d z 1 1 W I N z z 1 P4 Q O 1 W w F 1 U U a 1 H w w H I F w C7 H vl d I r1] a z W V I W H iL W I H r+. d PL < U 0 I Oy W O U 111 1 x W 1 U w 41 H 1 0 0 0 0 m H 1 N I H w 1 00 C Q a• ri M O F 1 U •-4 o d N M o Q 1 z \ \ \ z A l H r >+ m a fry r m H 1 o z o 0 0 0 I U N 14 1 a o c1 I 3 Q I W • 1 nG o H O o I W a > Q x r o H 1 w O O 3. \ •• c I W v n w yk I O r+ Q U I z •--i W N N H H C4 I % v a N U .-i �r oo • O O I 14 N 7+ b' Q M Ir w W , n I H H z o x r m m H z z I In m N m m r'1 nl fn rx H H W 1 W r5 0 o O H H N A F H > 1 3 �c r Reviewed By: Agenda Item Number ,MPKVULE Parks ❑ Recreation ❑ PA96C pECses tines Director ❑ City Administrator ❑ Tracking Number D Legal ❑ Human Resources ❑ Y9�i17.tE Rua�SI FECEGI3�IlCPLF]k�MY Police I ❑ Park Board Agenda Item Tracking Document Title: American Taekwondo Association REC Center Small Gym Proposal Agenda Date: August 25, 2011 Synopsis` Discussion of American Taekwondo Association REC Center Small Gym Proposal Action Previously Taken: Date of Action: NIA Action Taken: . Item Number: Type of Vote Required: Majority Action Requested: Approval Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: 202 East Countryside Prkwy. Yorkville, IL 60560 (630) 553-2582 (630) 553-2644 fax ro�CViu� r Asa ana+c ar er Email: recreation Ca)yorkvil lie.il.us www.vorkville.il.us PARICC 1°i REC}'{MATIaN Fitness & Recreation for Our Community To: Laura Schraw, Interim Director Parks and Recreation Department From:Tim Evans,Superintendent of Recreation Re:American Taekwondo Association Small Gym Rental Proposal The American Taekwondo Association(ATA) contacted us about an interest in having their organization renting out the small gym at the REC Center.They are looking for the entire small gym to be taken over by their organization,with their equipment, mats and etc. However during the times that ATA is not using the gym,the small gym would be available for certain programming and open gym time to the REC Center. Attached is the contract proposal and their e-mail counteroffer. This proposal could have numerous pros and some cons to the REC Center. The Pros: 1.) Needed source of revenue to the REC Center 2.) Gaining instant programs that the REC Center does not currently offer 3.) Gaining instant foot traffic and participants at the REC Center 4.) The potential to gain new members of the REC Center 5.) Potential to gain new participants in Parks and Rec. programs/events 6.) Building a relationship with a local business 7.) New avenue to promote programs and special events The Cons: 1.) Potential loss of programming space(Mornings & Night) 2.) Potential Loss of programming&open gym time "The achievements of an organization are the results of the combined effort of each individual." CONCESSION LICENSE AGREEMENT THIS CONCESSION LICENSE AGREEMENT (the "Agreement") entered into this day of , 2011, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereinafter referred to as "City") and American Taekwondo Association, Ine.,-an Illinois corporation (hereinafter referred to as "ATA"). WITNESSETH: WHEREAS, the City is a duly organized and validly existing non-home-rule municipality of the State of Illinois under the 1970 Illinois Constitution and the Lessee of the Recreation and Fitness Center located at 202 East Countryside Parkway, Yorkville (the "Center"); and, WHEREAS, the City's lease of the Center is a subject to the terms and conditions of the Lease between Walker Custom Homes, Inc., and the City dated July 1, 2008 (the "Lease"); and, WHEREAS, ATA is a provider of Taekwondo and other Taekwondo related fitness classes and desires to obtain a lease for the use of the small Gymnasium in the Center to provide such classes; and, WHEREAS, the City believes that ATA's classes and programs will provide increased use of the Center and complement the programs and activities offered by the City. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and Empower agree as follows: 1. The City grants a semi-exclusive lease, except as hereinafter limited, to ATA for its use of the small Gymnasium in the Center (the "Gymnasium") to operate its core classes as further described in paragraph 2 below and special classes as further described in section 3 below. All classes shall only be held when the Center is open to the public unless otherwise agreed to in writing by the City. ATA shall be allowed to operate in the Gymnasium a small retail sales area of karate products and supplies. No sales of food, candy, snacks and beverages shall are allowed by ATA. 2. ATA agrees to provide a list of core classes 30 days before each catalog season. - July for Fall Catalog - October for Winter Catalog - February for Spring/Summer Catalog 1 3. ATA shall set and receive all fees for its core classes. 4. ATA shall be allowed a maximum of one page in the City's Parks and Recreation course catalog to advertise their core classes. 5. ATA, in cooperation and agreement with the City, shall provide the following special classes, seminars and workshops including but not limited. 6. The City, at its discretion, may advertise the special classes above in their Parks and Recreation course catalog. 7. ATA shall not allow its participants, visitors or parents to view classes from outside the Gymnasium and shall provide a viewing area in the Gymnasium. ATA shall establish a set of rules of conduct to be observed by all of its participants and visitors in the Gymnasium and common areas of the Center for the purpose of maintaining proper and adequate levels of safety and to effectively implement and enforce observance of those rules at all times which shall be agreed to by the City. ATA acknowledges that it has inspected the Gymnasium and is fully aware of the condition of the Gymnasium and of all improvements, fixtures and fittings, equipment comprised therein and undertakes to perform its duties and obligations under this Agreement at its own risk. ATA agrees to immediately report any damage or defect within the Gymnasium which may pose a risk or create a danger or which may or may be likely to result in any person being injured. S. The City reserves the sole right and authority to remove from the facility and prevent access to the facility to ATA participants, visitors, or parents who violate Parks and Recreation or REC Center policies. 9. The City agrees to provide at no cost to ATA all light and heat to the Gymnasium and to maintain the common areas and restrooms of the Center. 10, The City agrees to remove all equipment (except basketball hoops) from the Gymnasium and perform a joint inventory of the Gymnasium as to the condition of the Gymnasium prior to occupancy by ATA. 11. ATA'S EQUIPMENT. ATA in the Gymnasium can store its tables, chairs, cabinets and other equipment and supplies. ATA can place on the walls banners, bulletin boards, shelving and other coverings that can be easily be removed without damage to the condition of the walls. ATA shall not make any alterations or additions or construct any improvements or install fixtures without the prior written consent of the City. Any banner, table or bulletin board outside of the Gymnasium would require written approval by the City. Upon termination of this Agreement, ATA shall remove all personal property and fixtures it has in the Gymnasium. 12. INSPECTION. The City shall have the right at all times to inspect the Gymnasium and premises occupied by ATA in conducting its services and sales. 2 13. SIGNS. ATA shall not display or permit to be displayed on or anywhere within the Gymnasium Facility any signs or advertisement (other than reasonable signs notifying the public of the identity of the Gymnasium Facility and of ATA) without the prior written consent of the City. 14. TERM. This Agreement shall commence on and continue on a month to month basis until terminated by either party. This Agreement may be terminated by either party by not less than 90 days written notice to the other party. 15. FEE. ATA shall pay on a monthly basis $1,500 for its use of the Gymnasium. Fees shall be paid on or before the first of the month. Failure to meet any deadline for payment will result in an interest charge of one and one half percent (1.5%) per month or portion thereof. 16. MAINTENANCE. ATA shall be responsible for the cleaning of the Gymnasium including washing floors. ATA shall have access to the maintenance room to store their cleaning supplies and access to a utility sink. 17. Participants in ATA programs shall not have access to any other Center facilities except common entrances, hall-ways and bathrooms unless they have a Center membership that allows for their use of all or a portion of the other Center's facilities. 18. ATA at its sole discretion agrees to consider any request by the City for use of the Gymnasium and if ATA agrees to such use, the agreement shall be in writing and the City agrees to clean the Gymnasium floor and other equipment used for that event prior to the next Empower program. 19. NO ASSIGNMENT. This Agreement shall not 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 Empower of its obligations or change the terms of the contract. 20. ATA shall comply with all ordinances of the City and the laws of the State of Illinois. 21. SECURITY DEPOSIT. ATA shall provide the City with a security deposit in the amount of $1,500 to be held until after the end of the term of this Agreement to offset any damage to the Gymnasium. At the end of the term of this Agreement, the City shall conduct an inspection of the Gymnasium with ATA. ATA shall be responsible for returning the Gymnasium to its original condition normal wear and tear excepted. 22. ATA members will be allowed to sign-up for a REC Center membership, up to 60 days after contract is signed, in which the enrollment fee will be waived. 3 23. INSURANCE. ATA shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work by ATA, its agents, representatives, or employees a. MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability Occurrence Form CG 0001 with the City named as additional insured, including ISO additional insured endorsement CG 2010. The minimum limits of commercial general liability shall be $3,000,000 combined single limit per occurrence for bodily injury and property damage and $3,000,000 per occurrence for personal injury. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $6,000,000 or a contract specific aggregate of $6,000,000. ii. Insurance Service Office Business Auto Liability coverage Form Number CA 0001, Symbol 01 "Any Auto." The minimum limit of insurance shall be $1;000,000 combined single limit per accident for bodily injury and property damage, iii. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance with statutory limits and Employers' Liability limits of $500,000 per accident. iv. Any deductibles or self-insurance retentions must be declared to and approved by the City b. OTHER INSURANCE PROVISIONS. The policies are to contain, or be endorsed to contain, the following provisions: i. General Liability and Automobile Liability Coverages 1. The City, its officials, agents, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of the ATA work, including activities performed by or on behalf of the ATA or automobiles owned, leased, hired, or borrowed by the ATA. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, agents, employees, and volunteers. 2. ATA's insurance coverage shall be primary as respects the City, its officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, agents, employees, and volunteers shall be excess of ATA insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, agents, employees, and volunteers. 4 4. ATA's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that ATA insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not"follow form," then the ATA shall be required to name the City, its officials, agents, employees, and volunteers as additional insureds. 6. All general liability coverages shall be provided on an occurrence policy form. CIaims-made general liability policies will not be accepted. c. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE. The insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees, and volunteers for losses arising from work performed by ATA for the City. i. NCCI Alternate Employer Endorsement (WC 000301) in place to insure that workers' compensation coverage applies under ATA coverage rather than City's if the City is borrowing, leasing, or in day-to-day control of ATA's employee d. ALL COVERAGES. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits except after thirty(30) days prior written notice by certified mail,return receipt requested, has been given to the City. e. ACCEPTABILITY OF INSURERS. Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the Stakc of Illinois. f. VERIFICATION OF COVERAGE. ATA shall fuznish the City with certificates of insurance naming the City, its officials, agents, employees, and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage such as ISO Additional Insured Endorsements CG 2010 or CG 2026. The City reserves the right to request full certified copies of the insurance policies and endorsements. g. ASSUMPTION OF LIABILITY. ATA assumes liability for all injury to or death of any person or persons including employees of the ATA, any supplier, or 5 any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. h. ATA shall not do or permit anything to be done or not done whereby any policy of insurance taken out or held by the City in respect of the Gymnasium or any loss or damage arising out of any incident occurring therein may become void or voidable or whereby the rate of premium in respect thereof maybe increased. 24. RELEASE AND INDEMNIFY a. ATA hereby acknowledges and declares that it has inspected the Gymnasium before executing this Agreement and is fully aware of the condition of the Gymnasium and of all improvements, fixtures and fittings, facilities and equipment comprised therein and undertakes to perform its duties and obligations under this Agreement at its own risk in all things. ATA hereby releases to the full extent permitted by law the City, its officials and employees from any and all claims, demands and damages of every kind resulting from any accident, damage or injury occurring in or about the Gymnasium except where deriving from any negligent act or omission on the part of the City or any of its officials or employees. b. ATA hereby indemnifies the City and forever holds the City harmless from and against all actions, claims, demands, losses, damages, costs and expenses for which the City shall or may become liable in respect of or arising from any personal injury or property loss or damage or any other loss or damage of any kind arising out of any incident occurring in or about the Gymnasium except where caused by or resulting from the negligent act or omission of the City or its officials or employees. 25. NOTICES. All notices, demands, requests, consents, approvals or other communications required under this Agreement shall be in writing and shall be deemed to have been effective as of the date of actual personal delivery or as of the third day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid addressed as follows: To the City: Mayor City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 To ATA: 6 26. CERTIFICATIONS a. ATA certifies that it is not barred from contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Compiled Statutes regarding criminal interference with public contracting including soliciting or offering a kickback i. ATA certifies that it will comply with the requirements of the Human Rights Act (775 ILCS 511-101 et scq.) including the following affirmative action for equal employment opportunities: b. Refrain from unlawful discrimination and discrimination based on citizenship status in employment and undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination c. Comply with the procedures and requirements of the Department's regulations concerning equal employment opportunities and affirmative action i. Provide such information with respect to tits employees and applicants for employment, and assistance as the Department may reasonably request ii. Have a written sexual harassment policy that shall include at a minimum the following information: (i) the illegality of sexual harassment (ii) the definition of sexual harassment under State law (iii) a description of sexual harassment, utilizing examples (iv) the internal complaint process including penalties (v) the legal recourse, investigative and complaint process available through the Department and the Commission (vi) directions on how to contact the Department and Commission and (vii) protection against retaliation. 1. ATA hereby certifies that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, or if it is it is contesting its liability for the tax or the amount of tax in accordance with procedures established by the appropriate Revenue Act; or it has entered into an agreement with the Department of Revenue for payment of all taxes due and is currently in compliance with that agreement. 2. ATA hereby certifies that it complies with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965). IN WITNESS WHEREOF, the parties hereto have caused this Concession License Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville,an Illinois municipal 7 Corporation By: Mayor Attest: City Clerk ATA, Inc. By: Its President Attest: Secretary 8 ATA Changes/Concerns to Contract Proposal 1. ) Monthly Rent : ATA shall pay on a monthly basis $1200 . 00 for the first 3 months then $1500 . 00/mth thereafter for its use of the Gymnasium. 2.) Gym Changes : We will have to do the painting and mirrors at some point on our own. 3.) Insurance: We have plans with the ATA through them. A little background; the ATA is the largest martial arts organization in the world with over 1500 schools in the Country, schools on 6 continents and over 1 million members . we are the only Nationally accepted ranking system in the country. Any given weekend from the end of June to the end of April you can find a tournament going on in hotels, schools, gyms and convention centers . That said our ins . carrier doesn' t even have a policy that covers $6 mil . ! That means not even our Grand Master, who travels all over the world, carries that much insurance. We would have to contract out to get that. Doing that would raise our ins . to over $2500/yr. So whatever we would save in rent/mth compared to the storefront we would make up in ins . There is no reason we should have to carry enough ins . to cover the whole building when we don' t even have access to the whole building. That would have to comedown. At this point that is our biggest concern that has to be addressed. year the rent will be renegotiated. etc . . . . CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) ACORD, 02/23/2011 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the erms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mass MBrchandising K&K Insurance Group, Inc. PHONE(A/C,No.Ext): 1-800-648-6406 FAX(Arc,No): 1.280-459 5940 1712 Magnavox Way E-MAIL ADDRESS: info gmarlialartsinsurance-kk.com Fort Wayne IN 46804 PRODUCER CUSTOMER ID A: 2000000589 INSURED CP#674 INSURER(5)AFFORDING COVERAGE NAIL 1) Nicholas J Zorn INSURER A. Nationwide Mutual Insurance Company 23787 DBA:West of the Moon ATA INSURER B: National Casualty Company 11991 School#2909 INSURER C: 103 Park St#B Yorkville, IL 60560 INSURER D: Member of the Sports,Leisure&Entertainment RPG COVERAGES CERTIFICATE NUMBER:2000000301 REVISION NUMBER: HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. S TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MMIDD MMIOO A GENERAL LIABILITY 6BMAS0000004893200 02/19/11 02/19/12 EACH OCCURRENCE 12:01 AM 12:01 AM $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETORENTED PREMISES Ea occurrence $300,000 CLAMS-MADE�occuR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000.000 GENERAL AGGREGATE $3,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $1,000,000 0 POLICY F]PROJECT ELoc PROFESSION&LIABILITY $1,000,000 LEGAL LIAB TO PARTICIPANTS $1,000,000 A AUTOMOBILE LIABILITY 6BMAS0000004893200 02/19/11 02/19/12 COMBINED SINGLE LIMIT 12:01 A.M. 12:01 A.M. Es Accident $1,000,000 ANY AUTO BODILY INJURY(Per person) ALL OWNED AUTOS BODILY INJURY(Per accident) SCHEDULED AUTOS PROPERTY DAMAGE Per accident X HIRED AUTOS X NON-OWNED AUTOS X Not provided while m Hawaii UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE DEDUCTIBLE RETENTION WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABLITY YIN TORY LIMITS ER ANY PROPRIETORIPARTNER! E.L.EACH ACCIDENT EXECUTIVE OFFICERIMEMBER NIA EXCLUDED? E L.DISEASE--EA EMPLOYEE (Mandatory In NH) If yes,descnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT MEDICAL PAYMENTS FOR PRIMARY MEDICAL PARTICIPANTS EXCESS MEDICAL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,AddlUonal Remarks Schedule,If more apace la required) INS LTR B:Policy#6L KRO 100002000 Sexual and/or Physical Abuse Liability Coverage Limit$1,000,000 CERTIFICATE HOLDER CANCELLATION Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Coverage is only extended to U.S.events and activities. **NOTICE TO TEXAS INSUREDS:The Insurer for the purchasing group may not be subject to all the insurance laws and regulations of the State of Texas. ACORD 25(2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Reviewed By: Agenda Item Number Parks ❑ Recreation ❑ PAFKC 11ErWT1U4 Director ■ City Administrator ❑ Tracking Number Legal ❑ Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Staff reports Agenda Date: August 25, 2411 Synopsis: Written report from the Director and the Superintendent of Parks. Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Action Requested: Submitted by: Laura Schraw Parks and Recreation Name Department Agenda Item Notes: Memorandum YDAK W To: Park Board From: Scott Sleezer Superintendent of Parks PARrG CC: Laura Schraw, Interim Director of Parks and Recreation Date: August 18, 2011 Subject: July 2011 Parks Report Athletic Field Division • Staff prepared the Bridge ball field complex for two tournaments in the month of June. • Staff prepared baseball fields for play as needed. Staff does this by dragging the infield filling in holes and trouble spots creating a level playing surface and lining the fields at Bridge Park. • Layout and painted soccer fields at Bristol Bay 65 for the upcoming fall soccer program. Beautification Division • Prepared Town Square Park for the 4'h of July festivities. • Staff installed a memorial tree donation at Riemenschneider Park. Playground Division • Installed safety surfacing on playground area at Bristol Station Park,Kiwanis Park, Cobb Park and Sunflower Park. Staff adding safety surfacing to each of our playgrounds to keep them up to CPSC and ASTM standards. Staff installed 240 cubic yards. • Staff weighed and removed the contents of the recycle containers at the twenty site locations. • Staff inspected all twenty two playgrounds weekly, visually checking equipment using a systematic approach looking for missing or loose hardware.Accessing the equipment pulling and pushing on each apparatus to check if it is secure and filled out inspection form for each site. • Weekly raked surfacing back under slide exits, swings, climbers, and transfer platforms to meet ADA, CPSC, and ASTM guidelines in every playground.Raked area so it is uniform and smooth in appearance and level with transition area. Turf Division • Staff maintained the turf at over forty City owned sites.This includes mowing over seven hundred acres of turf in the month of July. Staff also string trims, weeds and blows clippings from all paved surfaces at each site. • Staff has continues to spot apply vegetation control in and around plant beds. • Picked up all loose trash and debris by systematically walking a grid at each site, replacing liners in all trash cans. Building & Equipment Maintenance • Staff assisted the City in the inspection process for the Building Department. • Staff assisted the City in the weed violation notification and posting. • Staff repaired the idler pulley on the Toro zero turn#1. • Staff repaired the Code Blue unit at Riverfront Park after it was damaged by lightning. • Staff replaced the drip irrigation on our tree inventory. • Staff replaced the starter on the Toro zero turn#2. • Staff replaced the brakes on the Recreation Departments Dodge mini van. Events • Music Under The Stars was held in Town Square Park Friday the S's and again on the 22nd. Staff installed temporary fence around the park to help keep children away from RT 47 and to define the area for the wine tasting. • Staff prepared Town Square Park for the 4`h of July festivities. Raintree B • Framed and poured concrete walks, and king and queen chairs. • Built and stained the four bridges connecting the different areas of the playground. • Planted trees and landscaped the area around the playground. • Framed and poured concrete pads for the tennis courts.