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Park Board Packet 2009 12-03-09 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. December 3, 2009 Call to Order: Roll Call: Chris Rollins, Ken Koch, Debbie Horaz, Kelly Sedgwick, Vickie Coveny Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation — Bart Olson, Superintendent of Recreation — Sue Swithin, 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: Park Board — November 12, 2009 Bills Review: Cash Analysis* Bill List* Old Business: Lease of riverfront buildings* New Business: October 2009 Budget Report—discussion Riverfront Concept Plan — Phase 1 Reports: Director's Report Recreation Report Parks Report Parks Designer Report Additional Business: Executive Session: Adjournment: Next meeting: Thursday, December 17, 2009 *Items needing Board approval or recommendation Yorkville Parks & Recreation Department Administration Office 201 W. Hydraulic St Yorkville, IL 60560 6305534357 Park Board Meeting Agenda Parks and Recreation Administration Office 7:00 p.m. November 12, 2009 Call to Order: Chris Rollins called the meeting to order at 7: 16 pm Roll Call: Chris Rollins - Yes, Debbie Horaz - Yes, Kelly Sedgwick - Yes, and Vickie Coveny - Yes Ken Koch (arrived 8: 18pm) Introduction of Guests, City Officials and Staff: Interim Director of Parks and Recreation — Bart Olson Superintendent of Recreation — Sue Swithin, Superintendent of Parks — Scott Sleezer Park Designer — Laura Schraw City Council Liaison to Park Board — Diane Teeling, Ward 4 Alderman Tim Evans Public Comment: Bart Olson stated that Garrick Gillette had submitted his letter of resignation this morning via email. Olson noted that Garrick said he enjoyed working on the board, he was very proud of the members and how passionate they are. However, he had to remove something from his "plate". Presentations: None Approval of Minutes: Park Board — October 8, 2009 Chris Rollins asked for a motion to approve the minutes of October 8, 2009. Deb Horaz made the motion and Kelly Sedgwick seconded the motion. The motion was unanimously approved by voice vote. Special Park Board Meeting — October 29, 2009* Chris Rollins asked for a motion to approve the minutes of October 29th, 2009. Kelly Sedgwick made the motion and Deb Horaz seconded the motion. The motion was unanimously approved by voice vote. Bills Review: Cash Analysis & Bill List* Chris Rollins page sixteen regarded the $8,000 invoice for the winter/spring catalogs. Sue Swithin said that the cost came to be about $0.90 per catalog, delivered door to door. Bart Olson said that it would be one third of the cost because there would now be three catalogs a year versus four. Rollins asked for a motion to approve the cash analysis and bills list. Vickie Coveny made the motion and Kelly Sedgwick seconded the motion. The motion was approved by roll call vote: Chris Rollins - Yes, Debbie Horaz - Yes, Kelly Sedgwick - Yes, and Vickie Coveny - Yes Old Business: 1 Lease of Riverfront Buildings* Chris Rollins questioned how the RFP would be published. Bart Olson explained that he would take the RFP to those who expressed interest and the Illinois Paddle Association. From there they would publish it and put it in their news letter. Rollins felt that the lease was a good one. Vickie Coveny questioned if the place was geared more toward the kayak business. She was concerned about what would happen if someone came forward and wanted to ran, for example, a hair salon out of the building. Rollins responded that if they did not get responders for the kayak and canoe business they could go to plan B with the building. Olson said that if someone came to them with another business idea for the building, they could take them up on it under the right terms. Portion of topic was tabled until 8.•27 pm so the discussion could include Ken Koch. Olson said that the changes and requests from Board members from the last meeting are detailed in the new lease document handed out in the packet. Olson planned for a three week bid period depending on some of the timing of their new letters. He said that it might be January before they sent it out to everyone, and that the City Council had not seen this yet. However, they could still get someone in the building as early as spring. Deb Horaz asked what if there would be interruption to their business if construction is necessary; she wanted to know if that was covered in the lease. Olson answered that would be something they could be put in the lease. Sleezer said that that would not be a bad idea because at some point they would be constructing their park down there. Rollins noted the possibility of stating in the lease that they could carry business interruption insurance for the possibility of construction. He also offered that perhaps the lease could include covering business interruption via the form of damages for so much per day, up to the maximum deposit amount. Another suggestion would be to have something in the lease agreement which would allow reduction, waiving or prorating rent if business is interrupted. There was some discussion on interruption of business if the river ran low. Rollins and other Board members stated that would be beyond their control and would be an act of God, whereby those acts would not be covered by insurance. Olson said that he would include a clause in the lease regarding business interruption and would bring this back on December 3d. FY 09110 Revised Budget — Third Draft Bart Olson noted that he included a summary in the packet for the October 22°d packet that was canceled. He said that in the executive session there had been some changes that will require them to rethink some personal decisions that they may or may not make. Olson reported that park capital and the land cash budget did not change the budget; however, they did revise the upward and downward revenue expenses to keep the budget at zero. He noted that they did the same for the REC Center which actually allowed them to end up better off from that which was discussed at the last meeting. 2 Bart Olson said that a lot of their decisions had been made a little differently recently because their City Administrator, Brendan McLaughlin, had resigned. He was filling in on an interim basis until they figure out what they are doing with the city administration position and the director's position he was currently filling in for. Olson said that his time would be split between the two positions. He noted that from an immediate stand point for the budget, half of his salary per week will be split be admin and parks and recreation. Olson noted that even though his time would be split between the two positions he would help the parks and recreation department as much as he could. Deb Horaz said she was grateful for the time Olson had spent with them because now he has a good handle on what is going on with them. Olson said that the Board had some big decisions to make on what they wanted to do for a new director and how they wanted to post for it. He said Mayor Burd would attend their special Park Board Planning Meeting on November 14". Bristol Station Park — Construction Update Scott Sleezer noted the completion of the park, for all intents and purposes. He said there would be some things that needed to be touched up in the spring, such as the path. He said IDNR is coming out to meet them next week. Sleezer said that bleachers and other minor things had to be put in. He noted that grass was growing on the slopes of the BMX course and suggested that the contractor be contacted to reseed some spots. Sleezer said they would have a formal opening in the spring and they would be putting up signage soon with rules and such. He said that the park is open if people asked. New Business: Hometown Days Performance Report Tim Evans went over his report. He noted that the report in the packet showed their numbers in all that occurred this year compared to last year. He said for the most part all their numbers went up this year. Evans specified that their numbers were up over $8,000 over last year which meant they had a very good year. Sue Swithin noted that even though sponsorships were down, the gate fee and beer sales were up amongst most things outlined in the memo. She also noted that they are already looking for sponsors for next year. Deb Horaz mentioned that battle of the bands was a success however they needs a bit of a better venue. Swithin said they would look into getting a better sound system. September 2009 Budget Report — Discussion Bart Olson noted that, on page one, they could see that they did collect $50,000 from Bristol Bay Land Cash for Park A. They would do a volunteer build on it next summer. He noted this is the park where they would implement the circus theme. Olson noted other good news is that they were still pulling permits within Autumn Creek and Whispering Meadows and that meant new homes were being purchased. 3 Olson noted that they were still owed $50,000 for Bristol Bay for the Regional Park which had been platted; they would receive that this fiscal year. Olson said that the best piece of news was receiving all money for the Black Berry Creek Trail Grant which totaled $103,000. This does nothing but offset our deficit and that money goes back into the general fund. The other two revenue sources that we should get in this year are Reminschneider Park and Bristol Station Park. He said they had the deeds and they would be using them as land matches. Olson offered that their attorney had reviewed them, and that they were okay. Furthermore, they would be able to have them processed in time. Olson did note the only problems with them are that both parks have tax liens and mechanical liens on them that the City filed. He said that they had to work those issues out, but from talking into the attorneys there should not be a problem getting them taken care of. Olson reported that they did finish the park on Autumn Creek last year. In the annexation agreement it said that the park budget would be $300,000 and if they do not spend that amount of money we would get back any unspent money. He said they came in $17,625 under budget so they agreed when they transferred the deeds over that they would pay that amount of money to us. Olson noted the last bit of news on land cash was that L7 Dodd submitted an invoice for $ 101 ,000 which will be on the next bill list for the City Council since it comes from the land cash budget. He said a final bill for approximately $70,000 - $80,000 would come at a later date. Olson explained further that it will have to be submitted and dated before the end of the calendar year which he did not feel it would be a problem since his work was completed. Olson touched base on the operating budget. He said Hometown Days was a big number. He said in one month they took in $106,000. He said all the revenue from that was posted in early September. He said everything else from month to month was fairly normal. Olson touched base on the REC Center budget. He noted that the one number in there that he was concerned about was the membership fees that are a bit lower, however, giving the trend over the summer and into fall that they were a little bit lower. He noted that this situation was just something they had to watch. FY 08109 Audit Bart Olson said that on the last page, REC Center, they combined all the revenues and expenses into one line item, therefore we do not know just from looking at it what line items were over or under. He said that the auditors did that without their knowledge and they did it that way because it is a proprietary fund and that is how they do it. Olson requested that next year they give the individual detail. He said that the most important part of these audit numbers were what they had budgeted for the fiscal end of the year. The deficit was right where they thought they would be from August onward. He said they estimated that the operating budget would be about $42,000 in debt and the REC Center would be about $82,000 in debt. The actual numbers ended up being $56,000 and $77,000 so they did worse on the operating side and better on the REC Center side. They were in a range where they planned. Olson noted he was happy to see that there was not any huge fluctuation like they had seen in the past and that was a small victory. Olson noted the overall fiscal year end deficit for the REC Center end of the year was $295,000 which was about right where they thought they would be. He said those number rolls over from year to year. He 4 said that number will go back to positive very soon and will stay positive until they decide to spend that money again. Olson stated that the main difference between the revised budget and the audit was that there were more payouts to salaries than they thought they would be. He said there were severances and vacations paid out, that were not budgeted for, that showed up for a variety of reasons. Chris Rollins explained that the reason for having an audit like this is to make sure there are not any major discrepancies. Bristol Bay Trail Easement* Laura Schraw noted that two years ago they started talking to Centex and the Bristol Bay Homeowner's Association (HOA) to acquire a trail easement to provide a second access point for the residents in the development. She noted that the only trail access point for the trail was at the northernmost end near Bristol Bay Drive. Schraw said that the agreement did not obligate the City to construct the trail immediately, but allowed the construction to occur with the rest of the park development. The BOA requested that the trail be at least 30 feet from any property lines. She also noted that the trails would be the only thing necessary to maintain. Schram noted that the easement agreement was in the Board's packet and they were looking for approval. The Board approved the easement be taken to the City Council. Ice Rink Scott Sleezer said he had looked into an ice rink based on conversations with residents. He said he did some research because every year he is approached about it. He said that if this is something that the Park Board wanted, they had to start planning for it now. The consensus from the Board was no. They did not have the money or the means to build and maintain a rink. Sleezer said that it might be something to keep in mind in the grand scale of things for the future. Reports: Recreation Report Tim Evans said he would like to invite and encourage the Board members to come out and help with the chili chase and have a bowl of chili. Evans noted a few upcoming events such as the Holiday under the Stars November 20s' and Polar Express Trip December 6a'. Parks Report Scott Sleezer said he wanted to let the Board know that two portable toilets were burned down at Rotary Park. He said that they had to pay $900 for them. Rollins felt that if we have some kind of lease with the portable company that this is the cost of doing business and we should not be responsible for any kind of damage. Additional Business: Kelly Sedgwick said that his Blue Cross Blue Shield membership got him a discount at his health club. He wanted to know if members of the REC Center could possibly get the same kind of discounts. Sue 5 Swithin said that she left that up to City HR to check into that for City employees. She said that when they came on a year and a half ago she took on their Humana program because there were so many members there and that would be money still in her pocket. She said that Humana paid her and she had not had BCBS to approach her. She said they would have to offer her some kind of a program. Adjournment for Executive Session: Chris Rollins asked for a motion to suspend the regular session for Executive' Session. Ken Koch made the motion and Deb Horaz seconded the motion. The motion was approved by voice vote at 9:03 pm. Executive Session: 1 . For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Adjournment: Chris Rollins called for a motion to end the executive session and to reconvene into regular session at 9:20 pm. Ken Koch made the motion and Deb Horaz seconded the motion. The motion was unanimously approved by voice vote. Chris Rollins asked for a motion of adjournment for the regular meeting at 9:20 pm. Ken Koch made the motion and Kelly Sedgwick seconded the motion. The motion was unanimously approved by voice vote. Next meeting: Saturday, November 14, 2009 (Special Park Board meeting) Next regular meeting: Thursday, December 3, 2009 *Items needing Board approval or recommendation Minutes respectfully submitted by Jamie Cheatham 6 Memorandum WRY,- To: Park Board 114 �j SIL From: Bart Olson, Interim Director of Parks and Recreation PARKS B RECRM17CX4 CC: Date: November 25, 2009 Subject: Bill List mamuE xaa� wuumw unm� Because the Park Board packets were delivered earlier than normal, the bill list was not ready to be distributed in packets. When it is finalized on Monday, it will be sent to Park Board members individually, and will be posted on the City website as a supplemental packet. Reviewed By: Agenda Item Number wRK�u� Parks ❑ mRecreation ❑ PARKS $ RECREATUX4 Director City Administrator ❑ Tracking Number Legal ❑ ro , Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Lease of Riverfront Buildings Agenda Date: Park Board — December 3, 2009 Synopsis: Discussion on the draft RFP for the lease of 301 E Hydraulic Street Action Previously Taken: Date of Action: Nov 2009 Action Taken: Amendments to the RFP Item Number: Type of Vote Required: Majority Action Requested: Approval Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: United City of Yorkville REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Riverfront Buildine Lease Proposal No.: Proposal Due: January 6, 2010 at 3:00 pm Proposal Opening: January 6, 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: Date Issued: This document consists of xx 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.vorkville.il.us 1 United City of Yorkville - The UNITED CITY OF YORKVILLE will receive proposals Monday thin 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 L REQUEST FOR PROPOSALS 1. GENERAL 1 . 1. Notice is hereby given that the United City of Yorkville will receive sealed proposals up to Wednesday, January 6, 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 Wednesday, January 6, 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 5/1-10let. 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 apublic 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 j ob 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 cruse 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 etseq., 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 bodilyhijury 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 ofthem maybe liable. Such insurance shalt 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 of coverages and limits required bylaw unless att erwis`e agreed to by the City: Workers Compensation x$500,000 Statutory Employers Liability - ;$1,000,000 Each Accident $L000,000 Disease Policy Limit $1,000,000 11 Disease Each Employee Comprehensive General Liability,," ' $2,000,000 ', Each Oacurrence $2,000,000 ' Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $1,000,000 Each Accident Umbrella Liability $3,000,000 ( Comment [BOil: wlabez iewedby!11 . . . . . . . . . . . . . . . . . legal and finmceroriusorancelevels. 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-Conh•ibutory. 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 obligatedto 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 andprotectors 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 ILLS 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. 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 orjurisdiction, 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. Offseason shall mean November 1 through March 31 . Operating Season shall mean April 1 through October 31 . 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 . �n general terms, the (City is seeking to grant 'a lessee the exclusive privilege of operating a canoe and kayak rental, and business on the premises'genei211y located at 301 E Hydraulic Street in Yorkville, and as more specifically described in this document{ c ommeent laozl: Exhibit within the ge tshoutd have tfiebouvdaryof - the budding and aportion to the east of 30.2. For purposes of evaluating the proposer's experience and certifications, copies of thebuddun for eanoe/kayal sroayre. 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 make available for rental to the general public canoes and kayaks of various styles, shapes, and sizes and all necessary operational and safety equipment so as to allow canoeists and kayakersof all ages and skill levels the ability to traverse the dam bypass, travel to another location downstream, or to participate in the whitewater recreation features in the dam bypass. 12 United City of Yorkville 30.5. The lessee shall make available for purchase by the general public of all boating skill levels training classes and seminars on canoeing and kayaking to be operated onsite by the lessee or his agents or sub-lessees within the operating season subject to the requirements of this agreement and as is reasonable. Lessee all employees, sub-lessees and agents shall have proper permits and licenses to conduct training and seminars. Lessee may partner with the City's Parks and Recreation Department to offer training classes and seminars at the City's REC Center during the offseason. 30.6. The lessee shall operate the premises and be open for business, at minimum, during the operating season during the hours of 9 a.m. to 7 p.m., 7 days per week. 30.7. The lessee may charge prices and rates that are reasonable and fair. A copy of all prices and rates must be submitted annually to the Park Board, thirty (30) days prior to the start of the operating season. The Park Board must approve all charges and prices prior to opening. The Lessee shall conspicuously exhibit a list of all prices and charges relating to the sale and rental of equipment or services offered by Lessee. 30.8. The lessee shall be responsible for all 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. 30.9. 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, 30.10. 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. 30.11 . 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, interact, etc.). The lessee is responsible for costs associated with utility connections and upgrades. 30.12. �f the lessee chooses not, to operate the building through the off-season, then the lessee shall take all necessary precautions and measures to properly winterize the building:. comment [6031- This Impage will be refined pnor to the final RFP, and probably priorto thePark goad meeting. 30. 13. The City has no control nor responsibility for the construction progress of the dam bvuass+ �. � � Formatted: indent. ten: o.oz 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 Formatted: Bullets and Numbering nature of the unknown opening date for the dam bypass and whitewater features. 13 United City of Yorkville 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 tern 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 operating season, confirmation of insurance coverage for the premises and the operations of the business for the entire operating season, with the City named as additional insured on all policies. 31 .6. The lessee shall provide to the Citv prior to the start of the operating season confirmation of business interruption insurance coverage for the operations for the entire operating season In the event that the Citv 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 ' - - Formatted: Bullets and Numbering late payment. 31 .8. The lessee is required to submit an annual concession financial statement by January 30 4 - - - - Formatted: Bullets and Numbering 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. commence at 12:01 a.m. on April 1, 2010, and shall remain 14 United City of Yorkville in full force and effect through termination at 11 :59 p.m. on March 31, 2012. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11 :59 p.m. on March 31, 2014, 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, 630-553-4357 or b of son na,vo rkvi ll 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 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 alteratives. 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 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 herjob 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 15 United City of Yorkville 37. ACCIDENT PREVENTION 37.I .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, I .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 .I1'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 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 United City of Yorkville 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: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services at the standards described herein within the time specified above. PROPOSEWS CERTIFICATION (page 1 of 3) 17 United City of Yorkville With regard to , proposer 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) 18 United City of Yorkville Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and swom to before me this day of , 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: PROPOSER'S CERTIFICATION (page 3 of3) 19 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 Uwe have read and understand them. Print Name of Company: Print Name and Title of Authorizing Signature: Signature: Date: 20 United City of Yorkville 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.) _ Section Paragraph Explanation of Alternative/Deviation 21 United City of Yorkville APPENDIX LESSEE QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company (if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: 22 United City of Yorkville REQUEST FOR PROPOSAL Name of Proposing Company: Project Name: Riverfront Building Lease Proposal No.: Proposal Due: January 6, 2010 at 3 :00 pm Proposal Opening: January 6, 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: Date Issued: This document consists of xx 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 1 United City of Yorkville The UNITED CITY OF YORKVILLE will receive proposals Monday dim 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 L REQUEST FOR PROPOSALS 1. GENERAL 1 . 1 . Notice is hereby given that the United City of Yorkville will receive sealed proposals up to Wednesday, January 6, 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 Wednesday, January 6, 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 ofthe 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 amaterial 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 parry 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 undemtilization. 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 j ob 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 oruse 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, 820ILCS 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 maybe 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 $3,0005000 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 (3 0) 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. Offseason shall mean November 1 through March 31 . Operating Season shall mean April 1 through October 31 . 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 canoe and kayak rental and 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 make available for rental to the general public canoes and kayaks of various styles, shapes, and sizes and all necessary operational and safety equipment so as to allow canoeists and kayakers of all ages and skill levels the ability to traverse the dam bypass, travel to another location downstream, or to participate in the whitewater recreation features in the dam bypass. 12 United City of Yorkville 30.5. The lessee shall make available for purchase by the general public of all boating skill levels training classes and seminars on canoeing and kayaking to be operated onsite by the lessee or his agents or sub-lessees within the operating season subject to the requirements of this agreement and as is reasonable. Lessee all employees, sub-lessees and agents shall have proper permits and licenses to conduct training and seminars. Lessee may partner with the City's Parks and Recreation Department to offer training classes and seminars at the City's REC Center during the offseason. 30.6. The lessee shall operate the premises and be open for business, at minimum, during the operating season during the hours of 9 a.m. to 7 p.m., 7 days per week. 30.7. The lessee may charge prices and rates that are reasonable and fair. A copy of all prices and rates must be submitted annually to the Park Board, thirty (30) days prior to the start of the operating season. The Park Board must approve all charges and prices prior to opening. The Lessee shall conspicuously exhibit a list of all prices and charges relating to the sale and rental of equipment or services offered by Lessee. 30.8. The lessee shall be responsible for all 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. 30.9. 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. 10. 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. 11 . 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. 12. If the lessee chooses not to operate the building through the off-season, then the lessee shall take all necessary precautions and measures to properly winterize the building. 30. 13 . 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. 13 United City of Yorkville 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. 313 . 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 operating season, confirmation of insurance coverage for the premises and the operations of the business for the entire operating season, 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 operating season, confirmation of business interruption insurance coverage for the operations for the entire operating season. 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 commence at 12:01 a.m. on April 1 , 2010, and shall remain 14 United City of Yorkville in full force and effect through termination at 11 :59 p.m. on March 31 , 2012. Upon request, the City may exercise an option to extend the contract term for an additional two (2) year period ending at 11 :59 p.m. on March 31 , 2014. 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, 630-553-4357 or bolson@yorkvillc.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 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 15 United City of Yorkville 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 .I17 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 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 United City of Yorkville 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: Date: Company Name Email Address Street Address of Company Contact Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signature of Officer, Partner or Fax Sole Proprietor Print Name & Title ATTEST: If a Corporation Signature of Corporation Secretary CITY OF YORKVILLE: ATTEST: Authorized Signature Signature of City Clerk Title Date Date In compliance with the specifications, the above-signed offers and agrees, if this Proposal is accepted within 90 calendar days from the date of opening, to furnish any or all of the services at the standards described herein within the time specified above. PROPOSER'S CERTIFICATION (page I of 3) 17 United City of Yorkville With regard to , proposer 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) 18 United City of Yorkville Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the agreement. BY: Proposer's Authorized Agent I I I - I I I I I I I FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number - Subscribed and sworn to before me this day of 20_. Notary Public) (Fill Out Applicable Paragraph Below) (a) Corporation The Proposer is a corporation organized and existing under the laws of the State of which operates under the Legal name of and the full names of its Officers are as follows: President: Secretary: Treasurer: and it does have a corporate seal. (In the event that this bid is executed by other than the President, attach hereto a certified copy of that section of Corporate By-Laws or other authorization by the Corporation which permits the person to execute the offer for the corporation.) (b) Partnership Signatures and Addresses of All Members of Partnership: PROPOSER'S CERTIFICATION (page 3 of3) 19 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 United City of Yorkville 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.) Section Alternative/Deviation 21 United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS Name of Business: Business Address: Mailing Address: Business Number: Emergency Number: Fax Number: Ownership: Individual Partnership Corporation Franchise or Parent Company (if applicable): List all Partners, Managers, and Corporate Officers: Name Title Residence Phone Days of Operation: Business Hours: Number of Employees: Supervisors: Drivers: Office Personnel: 22 Reviewed By: Agenda Item Number wplmuF Parks ❑ tic Recreation ❑ PARKS + RECRFA CX4 Director City Administrator ❑ Tracking Number Legal ❑ romnu� riwe�.nwwrurein Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: October 2009 budget report - discussion Agenda Date: Park Board — December 3, 2009 Synopsis: Discussion on the October 2009 budget report Action Previously Taken: Date of Action: Nov 2009 Action Taken: Discussion on Sept 2009 budget report Item Number: Type of Vote Required: N / A Action Requested: Discussion Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: Memorandum 1PWP To: Park Board MFrom: Bart Olson, Interim Director of Parks and Recreation PARKS B RECREATION CC: Date: November 25, 2009 Subject: October 2009 Budget Report roumuE wsu�wwunpmxmvn The review of the October 2009 budget report means we are at the half-way point of the fiscal year. Remember, we can't take our figures to this point and double them. We can however, continue to compare our monthly spending patterns to previous months to see how and why they differ. Items to note on the October 2009 budget report are as follows: 72-000-47-00-4738 Autumn Creek (revenue — land-cash) The City processed nine more building permits for the Autumn Creek subdivision in October. On a somewhat related note, the City also processed two other single-family permits, one in Bristol Bay and one in Heartland Circle (no land-cash fees). 79-000-42-00-7270 Fees for Programs (revenue - operating) 80-000-42-00-4270 Fees for Programs (revenue — REC Center) This line item was high in the operating budget and low in the REC Center budget. Superintendent Swithin was out of the office on the day this memo was created, so I will follow up with her prior to the packet to get details on what the largest classes in the operating budget were. 79-000-42-00-4291 Hometown Days (revenues) 79-650-65-00-5833 Hometown Days (expenses) A complete analysis of Hometown Days was provided in a standalone agenda item at the November 12`x' Park Board meeting. There are revenues and expenses that will be hit both line-items in the November budget report. 79-610-50-00-5107 Salaries — Parks (expenses) 79-650-50-00-5107 Salaries — Recreation Full-Time (expenses) 80-000-50-00-5107 Salaries — REC Center (expenses) October had three paydays within the month, which is why the figure is higher than the monthly budget amount. 80-000-42-00-4200 Membership fees (revenue — REC Center) Membership fees increased this month, which should continue as the weather gets worse and as the holiday season approaches and then passes. 80-000-65-00-5804 Operating Supplies (expenses) This negative value corrects a ledger error from a previous month (i.e. an expense got coded to the wrong line-item). United City of Yorkville Detailed Revenue and Expense Report for first 6 accounting periods In FY 09/10 (May, June, July, August, Sept, Oct: Report ran on November 25, 2009 at 8:43 am OC-a a October Ydar'to datg Yei[ to dace . 7Une eymbespd; 6Deeen bon'' " :" ''' - BLtl 'et. "'-Actu bud et x u ''3ctuaL =� `FY-09 40 Blld `e balance LAND-CASH REVENUES "]? 72-000-40-00-3999 Beginning Fun tl Balance 41,251.66 41,251 66) rj (247,509.94) _52 495,019.84 (247 509_90 72-000-44-00-4413 Reimb from other govt's - 72-000-45-00-4501 Cannonball Rld a Grant I 72-000-47-00-4700 OSLAD Grant 30,166.66 4 180 999.98 - 362,000.00 362 000,00 72-000-47-00-4701 GREENBRIAR - 72-000-47-00-4702 BIKE PATH GRANT 16,666.66 1 99j999.98 200,000.00 200,000.00 72-000-47-00-4703 PRAIRIE GARDEN - - ' 72-000-47-00-4705 COUNTRY HILLS - 72-000-47-00-4707 FOX HIGHLANDS k " 72-000-47-00-4709 SUNFLOWER - 72-000-47-00-4712 RIVER'S EDGE + - - 72-000-47-00-4714 WI)ODWORTH 72-000-47-00-4715 WHITE OAK UNIT 1&2 - 72-000-47-00-4716 WHITE OAK UNIT3M__- - - 72-000-47-00-4717 KYLN'S CROSSING - - 72-000-47-00-4718 FOXFIELD II PARK 72-000-47-00-4719 WILDWOOD 72-000-47-00-4722 KYLN'S RIDGE - _ l ,�p� - - - 72-000-47-00-4723 HEARTLAND CIRCLE 72-000-47-00-4725 WINDELT RIDGE . 72-000-47-00-4727 GRANDE RESERVE - 72-000-47-00-4731 MONTALBANO HOMES 72-000-47-00-4732 RAINTREE VILLAGE 2 33333 13,999.96 28 000.00 28,000.00 72-000-47-00-4734 WHISPERING MEADOWS s7 3,383.34 ' - 3,383.34 72-000-47-00-4735 PRAIRIE MEADOWS _____ �' - - 72-000-47-00-4736 BRIARWOOD 72-000-47-00-4737 CALEDONIA 72-000-47-00-4738 AUTUMN CREEK 1 250.00 9,230 13 7 500.00 32.49-5.0 3 15 000.00 17 495.03 72-000-47-00-4739 _ WYNSTONE TOWNHOMESa C t - 72-000-47-00-4740 VILLAS AT THE PRESERVE 72-000-47-00-4741 BAILEY MEADOWS 2ZI - - 72-000-47-00-4742 BLACKBERRY WOODS = (VwY - _.-_.._ 72-000-47-00=4743 CORNEILS CROSSING 72-000-47-00-4744 HUDSON LAKES - - - - 72-000-47-00-4745 PRESTWICK - 72-000-47-00-4746 WESTBURY 72-000-47-00-4747 WESTHAVEN - 72-000-47-00-4748 WILLMAN - - 72-000-47-00-4749 BLACKBERRY WOODS 72-000-47-00-4750 KENDALLWOOD ESTATES - - 72-000-47-00-4751 CANNONBALL RIDGE PARK - 72-000-47-00-4752 BRISTOL BAY LAND CASH 4 166.66 5 24,999.98 50,000.00 _ 50,000.00 - 72-000-49-00-4901 TRANSFER FROM GEN FUND 72-000-49-00-4902 TRANSFER FROM LAND AC 72-000-49-00-4903 TRANSFER FROM PARK & REC =1 - TOTAL LAND-CASH REVENUES: 13 331.65 32 021 53 z';=', 79,989.98 161 631 5] 159 980.16 321,611.73 LAND-CASH EXPENSES 72-000-75-00-7308 RIVERS EDGE PARK #2 - - 72-000-75-00-7317 HEARTLAND CIRCLE Lei 22,407.74 22,407.74 72-000-75-00-7326 MOSER HOLDING COSTS 500.00 —5,000.00 .; a 3,000.00 :::15 00000 6,000.00 1,000.00 72-000-75-00-7327 GRANDE RESERVE PARK - 72-000-75-00-7328 PRAIRIE MEADOWS-- --- e �'T.- --�- - - 72-000-75-00-7330 WHISPERING MEADOWS 944.24 = _.._, 944.24 72-000-75-00-7332 CALEDONIA - - - 72-000-75-00-7333 RAINTREE VILLAGE 3 214.33 r_ 19 285.98 �l 38 572.00 38,572.00 72-000-75-00-7334 HOOVER HOLDING COSTS 72-000-75-00-7335 GRANDE RESERVE BIKE TRAIL 2,650 00 '' �`i - 2,fi50.00 72-000-75-00-7336 _ WHEATON WOODS NATURE TRAIL 3f7_50.00 [ r 22 500.00 45 000.00 45,000.00 72-000-99-00-9901 TRANSFER TO GEN FUND 5867.33 17,602 00 35,203.98 S,204.00 70408 00 35,204.00 TOTAL LAND-CASH EXPENSES: 13,331.66 22 602 00 79,989.96 66 205 98 159 980.00 93,774.02 TOTAL LAND-CASH REVENUES: 13 331.65 32 021.53 max_ 79 989.98 __(16L631 57 S 1S9 980.16 TOTAL LAND-CASH EXPENSES: 13 331.66 22 602.00 - 79,989.96 66E205.98 159 980.00 SURPLUS/DEFICIT (001) (5462353) v 002 (22783755)1 016 United City of Yorkville Detailed Revenue and Expense Report for first 6 accounting periods in FY09/10 (May, June, July, August, Sept, Oct: Report ran on November 25, 2009 at 8:43 am - Octoper Qct0 er Year to date Year to date. -! Unencumbered r'BHtl�etClne Item # 'E_• Descd tmn , - °Bud a ' "`ACtu34 � . h6H et < _ `actual OPERATING REVENUES FUND 79 `wl 79-000-40-00-3999 BEGINNING FUND BALANCE (31416.00) 3 416 00 .= 'r (20j499.94 (20j,199 94 i____1400 999.84 (20E499.90 79-000-42-00-4270 FEES FOR PROGRAMS 20f268.75 23,092 50 t 121,612.50 120 700 33 ga7 243,225.00 122 524.70 79-000-42-00-4280 CONCESSIONS ALL SALE ITEMS 2j250.00 335 00 13,500.00 33 620 63 27006-.60- (6,620.63) 79-000-42-00-4285 VENDING MACHINE INCOME - - - - - 79-000-42-00-4286 RENTAL INCOME - 79-000-42-00-4287 PARK RENTAL INCOME 12250.00 1,260 00 -{ 7,500.00 11 014 00 ?- i_i5,000.00 3,986.00 79-000-42-00-4288 GOLF OUTING REVENUE 2,250.00 L+;j 13,500.00 8 659.00 @i.".. " 27 000.00 18 341.00 79-000-42-00-4291 HOMETOWN DAYS 9750.00 5,266 00 H_� 58,500.00 135 4_47 85 M_I17J000.00 _ L8 447.85 79-000-42-00-4295 MISC RETAIL 250.00 - 1,500.00 3,000.00 3,000.00 79-000_44-00-4400 DONATIONS 1,166.66 999.98 4 323 00 14,000.00 9,677.00 79 000-44-00-4404 TREE DONATIONS 41.66 is I 249.98 t 500.00 500.00 79 000-45-00-4550 YOUTH SERVICES GRANT _ 75.00 - `7`? 450.00 500.00 " ,j 900.00 400.00 79-000-46-00-4600 INVESTMENT 250.00 24.11 :. 1,500.00 -144.08 3 000.00 2 855.92 79-000-49-00-4901 TRANSFER FROM GEN FUND 81,625.00 81,625 00 i 489 750.00 489 750 00 1 979 500.04 489e750.04 79-000-49-00-4902 TRANSFE0. IN FROM GF CASH is"3 150,00000 150,000.00 79-000-49-00-4980 TRANSFER FROM REC CENTER L` - 79-000-99-00-9973 TRANSFER TO LAND ACQ - TOTAL OPERATING REVENUES FUND 79 : 115,761.07 108 188 61 f ..`�94 562.52 933 658 92 F,�', 1,389 125.20 455,466.28 PARKS EXPENSES FUND 79 79-610-50-00-5107 SALARIES-PARKS 32 8]5.00 45,374.99 'Q 197,250.00_ 155 380.34 "`ii 394 500.00 239 111 9.66 79-610-50-00-5136 SALARIES-PART-TIME 833.33 - k,+j 4,999.98 7,509.00 .: 10,000.00 2t491.00 79-610-50-00-5137 SALARIES-OVERTIME 416.66 21499.98 263 56 5,000.00 4 736.44 79-610-61-00-5320 MASTER PLAN - - _ - - 79-610-62-00-5405 PARK CONTRACTUAL 250.00 610.00 1,500.00 610 00 3,000.00 __2�390A0_ 79-610-62-00-5408 MAINTENANCE-E UIPMENT 916.66 2 703 73 - 5,499.96_ 6 922 98 , 11,000.00 4 077.02 79-610-62-00-5417 MAINTENANCE-PARKS 2 916.66 1,494 33 ' 1 17,499.98 6 863 70 35 000.00 28 136.30 79-610-62-00-5421 WEARING APPAREL 375.00 244.80 -1 21250.00 1 040 71 4,500.00 3,459.29 79-610-62-00-5434 RENTAL-E U[PM ENT 291.66 - ` ; 1 749_98 3,500.00 3,500.00 79-610-62-00-5438 CELL PHONES 3]5.00 284 22 _ 4,500.00 3,135.90 79-610-62-00-5445 LEGAL EXPENSES 333.33 1,999.98 4,119,75 ;^= 4,000.00 119.75 79-610-64-00-5604 TRAINING & CONE 79-610-64-00-5605 TRAVEL EXPENSES - - 79-610-65-00-5802 OFFICE SUPPLIES 41.66 - 249.96 500.00 500.00 79-610-65-00-5804 OPERATING SUPPLIES 2 145.83 11751.86 12 _ 874.98 3 177 69 25,750.00 _ 22 572.31 79-610-65-00-5815 HAND TOOLS 145.83 540.14 874.98 639.43 1,750.00 1,110.57 79-610-65-00-5824 CHRISTMAS DECORATIONS 41.66 _ 249.98 _ 500.00 500.00 79-610-65-00-5825 PUBLIC DECORATIONS 41.66 249.98 500.00 500.00 79-610-72-00-6500 IMRF PARTICIPANTS 21763.25 3,766 it '_! 16,579.50 12,918.37 =j; 33 159.00 20,240.63 79-610-72-00-6501 SOCIAL SECURITY 2t610.58 3,402.11 15,663.48 12,127.09 31,327.00 19,199.91 79-610-75-00-7003 OFFICE EQUIP 41.66 ,s 249.96 =? 500.00 500.00 79-610-75-00-7701 FLOWERS/TREES 125.00 i- ; 750.00 11010.35 1,500.00 489.65 79-610-78-00-9005 MERIT TOTAL PARKS EXPENSES FUND 79 : 47,540.43 60 172 29 r 'L3285 242.74 2D,947.07 90,486.00 356 538.93 -_- -__ RECREATION EXPENSES (FUND 79) T' ]9-650-50-00-5107 SALARIES-REC FULL-TIME 29,894.83 41,393.81 _; 179,368 96 1.5.5 094 55 r 358,73_8.0.0_ 203,643.45 -_-_ _.._ __. 79-650-50-00-5108 _ CONCESSION STAFF 750.00 424.00 4,500 00 8 025 J2 L _ A,7_ 9000.00 974.28 79-650-50-00-5109 SALARIES-PRE-SCHOOL 1 500.00 3,232 96 9,000,00 8,036.56 { ;t: 18 000.00 9,963.44 79-650-50-00-5136 SALARIES-PART-TIME 1,125.00 1 868 76 6,750.00 7y828%78 %? 13 500.00 5,671.22 79-650-50-00-5137 SALARIES-OVERTIME 29.16 174.98 350.00 350.00 79-650-50-00-5150 SALARIES-INSTRUCTOR 550000 2,567 15 a1 33,000.00 81267.40 - _G6000 57 732.60 79-650-50-00-5155 SALARIES-RECORDING SECRET. 250.00 261 63 .? 1 500,00 1 345 89 Fw 3,000.00 1,654.11 79-650-62-00-5401 CONTRACTUAL SERVICES 3,30] 00 ,'� 29c957.35 29t957.35 79-650-62-00-5408 MAINTENANCE SUPPLIES 312.50 125 00 .;l 1,875.00 305 O1 i 3,750.00 3,444.99 79-650-62-00-5409 MAINTENANCE-VEHICLES 141.66 `t.=1 849.98 277 45 E, =� 170000 1,422.54 79-650-62-00-5410 MAINTENANCE-OFFICE EQUIP 98 2 426 80 M 5 000.00 2,573.20 79-650-62-00-5426 YOUTH SERVICES GRANT 75.00 "'I 450.00 -__ 900.00 900.00 79-650-62-00-5435 ELECTRICITY 11916.66 11408.13 j 11 499.98 8 596.69 sti ' 23 000.00 14e,103.31 79-650-62-00-5437 TELEPHONE/INTERNET 108.33 92 68 = 649.98 442.31 Wj 1 300.00 857.69 79-650-62-00-5438 CELL PHONES 250.00 264.23 h '3 1,500.00 1 308 09 3000.00 1,691.91 79-650-62-00-5445 PORTABLE TOILETS 416.66 870.00 ^ 2,499.98 2 637 51 5 000.00 2,362.49 79-650-62-00-5603 PUBLISHING/ADVERTISING 2 250.00 - 13,500.00 1.1 02996 G 27 000.00 15 970.04 79-650-62-00-5605 BOOKS/PUBLICATIONS 8.33 Mn 1 49.98 104.00 - 100.00 4.00) 79-650-64-00-5600 DUES 83.33 499.98 320.00 1,000.00 680.00 79-650-64-00-5604 TRAINING & CONFERENCES - _ • 3,'i - 79-650-64-00-5605 TRAVEL EXPENSES _. - - 79-650-65-00-5802 OFFICE SUPPLIES 375.00 39.20 9� 2,250.00 1,103,13 � �M 4500.00 3,396.87 79-650-65-00-5803 PROGRAM EXPENSES 4,812.50 1,961 82 = 28 875.00 -18,179.10 57750.00 39 570.90 79-650-65-00-5804 OPERATING SUPPLIES 125.00 6_61 f ; 750.00 33 98 - 1 500.00 1,466.02 79-650-65-00-5805 RECREATION E UIPMENT 250.00 r, j 1,500.00 3 000.00 3e000.00 79-650-65-00-5808 POSTAGE & SHIPPING_ 416.66 1,173 00 : ;1 2 499.98 _5,130.49 5 000.00 130.49 79-650-65-00-5812 GASOLINE 436.66 235 54 I"Ai 2 499.98 1 017 55 y 5 000.00 3,982.45 79-650-65-00-5826 MILEAGE 33.33 199.98 _ 400.00 400.00 79-650-65-00-5827 GOLF OUTING EXPENSES 1 500.00 870.00 9,000.00 6 000.6 ? 18 000.00 11,999.31 79-650-65-00-5828 CONCESSIONS 1 083.33 156.93 6,499.98 16 921.7 f�i" 13 000.00 79-650-65-00-5833 HOMETOWN DAYS EXPENSES 7,750.00 12 531 12 tv 8 93 000.00 (61463.88 79-650-65-00-5840 SCHOLARSHIPS 166 66 999.98 61.00 2,000.00 1,939.00 79-650-65-00-5841 PROGRAM REFUND 750.00 221.00 F,,j 4 500.00 4 099 00 - 9 000.00 4,901.00 79-650-72-00-6500 IMRF PARTICIPANTS 2,483.66 3 833 77 ., 14 901.98 13 977 49 k5j 29 804.00 15 826.51 79-650-72-00-6501 SOCIAL SECURITY 2 987.25 3,730 00 17 923.50 14,247.00 ' 35 847.00 21 600.00 79-650-75-00-7002 COMPUTER EQUIP AND SOFTWAR 41.66 _ 249.98 98 00 M 500.00 402.00 79-650-78-00-9005 MERIT 79-650-78-00-9009 RESERVE TOTAL RECREATION EXPENSES FUND 79 : 68 219.83 81,125 14 - _409 319.18 42613 7 12 818,639 00 392,301.88 F _T TOTAL OPERATING REVENUES_(FUND 79): 115,761.07 108 188 61 694,562.52 933,658.92 1 389,125.20 455,466.28 TOTAL EXPENSES LARKS AND REC FUND 79 115 760.26 1 141 297 43 694,561 92 640 284 19 1 389 125 00 748,840_81 SURPLUS/DEFICIT 0 81 (33 108 82) 0 60 293 374 73 0.20 (293,374.53) -. . C- ON h _ United City of Yorkville Detailed Revenue and Expense Report for first 6accounting periods in FY09/10 (May, June, July, August, Sept, Oct: Report ran on November 2S, 2009 at 8:43 am Sys-'- il` e Octobers Octoliery Year to tlaie -;Yeai to tlate .+ Unencumbered '. - aU21 etti`ne ifern_# , , :` Ded€rl t . ;gc4ua5 •, zbUd et.., . P.`8etual = EY OJ IO�BUd e alance4 REC CENTER REVENUES 80-000-40-00-3999 BEGINNING FUND BALANCE _ 6 916.66 6 916.66 41 499.94 41 499 94 '! 82 999.84 41 499.90 80-000-42-00-4200 MEMBERSHIP FEES 33 333.33_ 29 398 00 ' _ 199,999.98 178 912 00 _ 400000 00 221 088.00 80-000-42-00-4210 GUEST FEES 833.33 176.00 4,999.98 1,589.00 `i 10 000.00 8r,111.00 80-000-42-00-4220 SWIM CLASS _ 3 500.00 1 541 25 3 _ 21,000.00 19 901 25 42000.00 22 098.75 80-000-42-00-4230 PERSONAL TRAINING FEE_ 11666.67 1,266 00 '. 9,999.98 6f858.00 �- 20 000.00 13,14100 80-000-42-00-4240 TANNING SESSIONS _ ____ _ __ 416.66 40.00 j 2,499.98 818.00 5 000.00 4 182.00 RA 80-000-42-00-4270 FEES FOR PROGMS 16,166.66 8,852 00 999.98 51,679.51 ± 194 000.00 142f320.49 80-000-42-00-4280 CONCESSIONS 1,000.00 595.50 i'3 6 000.00 5,893.50 i„=! 12,000.00 6 106.50 80-000-42-00-4285 VENDING MACHINES 80-000-42-00-4286 RENTAL INCOME 458.33 163.00 2 749.98 661 50 , ii 5,500.00 4,838.50 80-000-42-00-4295 MISC RETAIL 14921 149.23 ,',j 149.23 80-000-44-00-4400 DONATIONS/SPONSORSHIP 1,000.00 Lt 6,000.00 690.00 12 000.00 11,310.00 80-000-45-00-4550 GRANTS/SCHOLARSHIPS 91.66 eyl. 549.98 500.00 1,100.00 600.00 TOTAL REC CENTER REVENUES: 51,549.98 35,264 32 ^k! 309 299.92 226 152 OS ` 618 600.16 392,448.11 REC CENTER EXPENSES y{ r 80-000-50-00-5107 SALARIES-REC CENTER 2 850.00 3,946 14 -1 17 100.00 16,968.44 t _34,200 00 17 231.56 80-000-50-00-5109 SALARIES-PRESCHOOL 40000.00 3,767.66 2,._i_24 000.00 8,451.17 48,000.00 39f548.83 80-000-50-00-5136 SALARIES-PARTTIME 8,750.00 52,500.00 51 989.02 +" 105,000.00 53,010.98 80-000-50-00-5137 SALARIES-OVERTIME 83.33 =-1 499.98 1 000.00 1,000.00 80-000-50-00-5150 SALARIES-INSTRUCTORS 7,166.66 5,569 75 `w 42 999.98 31,144.11 86 000.00 54,855.89 80-000-62-00-5401 CONTRACTUAL SERVICES - 245.00 A - 5 630 30 - 5,630.30 80-000-62-00-5408 MAINTENANCE-SUPPLIES - 1,000.00 734,98 = 6,000.00 21908.0o 12,000.00 9f092.00 80-000-62-00-5410 MAINTENANCE-OFFICE EQUIP 229.16 229.97 1,374.98 2,645.48 2,750.00 104.52 80-000-62-00-5416 MAINTENANCE-GENERAL 833.33 446.11 4,999.98 X796 67 10,000.00 2 203.33 80-000-62-00-5426 GRANTS 91.66 ,`! 549.98 - 1,100.00 1 100.00 80-000-62-00-5430 TOWEL RENTAL 83.33 '3 499.98 51400 ! 1,000.00 486.00 80-000-62-00-5431 POOL REPAIR 625.00 416 OS 1 3,]50.00 416 OS !_7'500.00 7,083.95 80-000-62-00-5432 LEASE PAYMENT 17r50 17 500 00 105 000.00 122 500 00 210 000.00 87 500.00 80-000-62-00-5433 LICENSES/PERMITS 83.33 - 499.98 150.00 ;, 1 000.00 850.00 80-000-62-00-5434 POOL SUPPLIES 416.66 _ 824 17 _ 2,499.98 1 749 27 5 000.00 3f250.73 80 000-62-00-5435 ELECTRICITY - 3 916.66 23 499.98 11,439.98 47,000.00 35,560.02 80_000-62-00-5437 TELEPHONE/INTERNET/CABLE _ 145.83 117 73 _ 874.98 595.68 11 1,750.00 1,154.32 80-000-62-00-5438 CELL PHONES 58.33 44 04 349.98 218.02 700.00 481.98 80-000-62-00-5439 PROPERTYTAX 21206.66 13 239,98 26 320 12 26,480.00 159.88 80-000-62-00-5440 SECURITY 60.00 %00 22 M 360.00 160 00 720.00 560.00 _. 80-000-62-00-5603 PUBLISHING/ADVERTISIN 125.00 ) 750.00 263 01 a 1,500.00 1,23fi.99 80-000-62-00-5605 BOOKS/PUBLICATION 100.00 100.00 80-000-64-00-5600 DUES 16.66 - 99.98 200.00 200.00 80-000-64-00-5604 TRAINING & CONFERENCES __ 80-000-64-00-5605 TRAVEL EXPENSES 80-000-65-00-5802 OFFICE SUPPLIES 333.33 247 63 P 1 999.98 1 421 83 3 4,000.00 2,578 17 80-000-65-00-5803 PROGRAM EXPENSES 2,583.33 1,119.15 ; 15 499.98 8 380 43 31 000.00 22,619.57 80-000-65-00-5804 OPERATING SUPPLIES 316.66 5,620 00 n 1,899.98 2 063 25 3,800.00 1,736.75 80-000-65-00-5805 RECREATION E UIPM ENT 1,666.67 - ', 9 999.98 20,000.00 20 000.00 80-000-65-00-5808 POSTAGE & SHIPPING _ 666 399,98 180 00 800.00 620.00 80-000-65-00-5812 GASOLINE 25.003 150.00 +;i 300.00 300.00 80-000-65-00-5826 MILEAGE 20.83 << 124.98 4:?l''l 250.00 250.00 80-000-65-00-5828 CONCESSIONS EXPENSES 375.00 246.60 4250.00 2,463.44 4,500.00 2 036.56 80-000-65-00-5840 SCHOLARSHIPS 43.66 249.98 500.00 500.00 80-000-65-00-5841 PROGRAM REFUNDS 83.33 532 00 :,E 499.98 2,916.00 = 4000.00 -L 91, 6,00) 80-000-65-00-5842 MEMBERSHIP REFUNDS 83.33 ;;!) 499.98 _ 626.00 `'.;_1000.00 374.00 80-000-72-00-6500 IMRF 243.50 1 35281 z 1 461.00 3 693 96 - 2 922.00 771.96 80-000-72-00-6501 SOCIAL SECURITY 1 748.00 1 884 33 L $, 10 884 00 7,883.29 20 976.00 13e092.71 80-000-75-00-7002 COMPUTER EQUIP & SOFT 83.33 = 499.98 3 178.00 1 000.00 2,178.00 80-000-75-00-7003 OFFICE EQUIPMENT 41.66 249.98 t 500.00 500.00 80-000-75-00-7500 PHONE SYSTEM 16.66 _ 99.98 -:: 200.00 200.00 80-000-78-00-9002 NICOR __ 339.61 k:: 2 974.84 - 2 9.74.84 80-000-99-00-9979 TRANSFER TO PARKS AND REC - TOTAL REC CENTER EXPENSES: 57 978.88 45,498 23 = 347,873.48 327,640.36 695 748.00 368 107.64 TOTAL REC CENTER REVENUES: 51,54M8 35,264 32 309 299.92 226 152 OS 618,600.16 TOTAL REC CENTER EXPENSES: 57 978.88 45,498 23 347,873.48 327 640 36 _ 695,748.00 SURPLUS DEFICIT: 6 428.90 30 233 91 t i (38 573.573.56 101 488 31 '�t (77 147.84) Reviewed By: Agenda Item Number IPM YDR Parks ❑ Recreation ❑ PARKS $ RECRM-MN Director City Administrator ❑ Tracking Number Legal ❑ qu, M o Human Resources F] Police ❑ Park Board Agenda Item Tracking Document Title: Riverfront Park — Phase I Plan Agenda Date: Park Board — December 3, 2009 Synopsis: Discussion on a concept plan for Phase I of Riverfront Park improvements, which reflect plans from the Boat Launch grant application. Action Previously Taken: Date of Action: July 2009 Action Taken: Discussion on Riverfront Park concept plan Item Number: Type of Vote Required: N / A Action Requested: Discussion Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: The plan will be presented and passed out at the meeting. Reviewed By: Agenda Item Number 1P lk wn Parks ❑ Recreation ❑ PAflKS B REtftF.tM00 Director City Administrator ❑ Tracking Number Legal ❑ rowmu¢ im euarmnouemmi Human Resources ❑ Police ❑ Park Board Agenda Item Tracking Document Title: Staff reports Agenda Date: Park Board — December 3, 2009 Synopsis: Written reports from the Director, Superintendent of Parks, and the Parks Designer and a verbal report from the Superintendent of Recreation. Action Previously Taken: Date of Action: Nov 2009 Action Taken: Discussion Item Number: Type of Vote Required: N / A Action Requested: Discussion Submitted by: Bart Olson Parks and Recreation Name Department Agenda Item Notes: Memorandum 'DR To: Park Board From: Bart Olson, Interim Director of Parks and Recreation PARKS& PVGR"TTW CC: Date: November 25, 2009 ❑ Subject: Weekly Director's Report 1) Thanksgiving Holiday and packets for December 3rd Park Board meeting — Packets were delivered Wednesday, November 25 because City Hall and all other City offices are closed on Thursday, November 26, and Friday, November 27 in observance of Thanksgiving. As always, I am available by cell phone or email, even during the holidays. 2) REC Center promotion — In three days (Sunday, Monday, and Tuesday), we have had around 30 people take advantage of the new member promotion and 30 take advantage of the existing member promotion. To compare, we usually only get 20 or 30 new yearly members and renewals (combined) in a given month — so it appears we are generating some interest! We will report the final promotion numbers at the meeting next week. 3) City Administrator — I was appointed City Administrator this past Tuesday, November 24. As discussed at the Park Board meetings, this means my time dedicated to Parks and Recreation Department will be decreased (and it also means my salary will be split between the Administration Department and Parks and Recreation). Additionally, there is a monthly conflict with MetroWest Council of Government meetings on the fourth Thursday of every month, which may require my absence from Park Board meetings. This meeting conflict has not been discussed in depth by the Mayor and I, but it will be. 4) Future agenda items at Park Board — A spreadsheet with future agenda items is attached, and a highlight of each new agenda item is below. a. Revised FY 09/10 Budget — No changes have been made to the revised budget since the November 12d` Park Board meeting, and the City Council is not scheduled to discuss a revised budget in the immediate fixture. If this changes between now and December 3`d, we can discuss the budget under the Director's Report. WPark Board Agenda Items Additional Executive Meeting Date Presentations Old Business New Business Staff Reports Business Sessions December 17, 2009 1 . FY 09/10 Revised Budget 1 . Whitewater Park regulations (TENTATIVE) 1. Director's (written) (Third Thursday) 2. Bristol Bay Park A Equipment RFP 2. Recreation (verbal) 3. Director's Vacancy 3. Parks (written) 4. Parks Designer written Memorandum WRKvaas To: Park Board From: Scott Sleezer Superintendent of Parks PARRS & RVCRMUW CC: Bart Olson, Interim Director of Parks and Recreation Date: November 23, 2009 p Subject: October 2009 Parks Report memo¢ xwauauncwwurenr Athletic Field Division Soccer Weekly paint fields and inspect and repair goals for the fall soccer program the fields are located at Rotary and Beecher Parks. Softball Staff weekly prepares ball fields at Bride Park for the fall softball program. Ballfield Maintenance Staff started infield rehab, this consists of adding additional clay, edging baselines, removing excess material buildup along field arch and adding Ag lime to areas around backstop. Beautification Division Planting Staff planted perennials in the island at the entrance of Bridge Park. This will help cut down on maintenance and eliminate weekly mowing. Winterizing Staff removed all drinking fountains and winterized plumbing. Playground Division Safety Inspection Staff inspected all 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. Surfacing Maintenance 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 areas. Turf Division Mowing Staff weekly mowed all City owned turf areas over sixty sites, string trimming around posts, signs and other such obstacles and blow clippings from all paved surfaces. Trash Control Picked up all loose trash and debris by systematically walking a grid at each site, replacing liners in all trash cans. Wheaton Woods Staff formed and poured the concrete sidewalk and shelter pad in preparation for the installation of the shelter. Whispering Meadows Staff power raked the remaining top soil and seeded. Staff leveled and raked the top soil behind the backstop and repaired the sod and seeded. Staff power washed the path around the park. Vandalism Staff removed and repaired a broken bench at Cannonball Park. cl?' ' Memorandum J 0 EST leas To: Yorkville Park Board From: Laura Haake, City Park Designer -C � b� � CC: Bart Olson, Interim Director of Parks and Recreation, Liar ': =0 Travis Miller, Community Development Director LE' ��' Date: November 20, 2009 Subject: Park Designer Report • Bristol Bay Park A design re-review and changes • Jefferson Street drawing • ITP meeting • Raintree Village basins • Landscape reviews • Tree Ordinance • Route 34 median analysis • Raintree Park B drawings • Riverfront Phase I drawing • Grande Reserve A&B park plan research