Ordinance 2011-16 Ordinance No. 2011
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,APPROVING A LEASE AGREEMENT WITH
CREATIVE KERNELS, INC. (131 E. HYDRAULIC AVENUE)
WHEREAS, the United City of Yorkville (" the City") is a duly organized, and validly
existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution
and the laws of the State of Illinois; and,
WHEREAS, the City is authorized pursuant to section I1-76-1 of the Illinois Municipal
Code (65 ILCS 5/11-76-1) to lease real estate owned by the City when it is no longer necessary,
appropriate, required for the use of,profitable to, or for the best interest of the City; and,
WHEREAS, the City and Creative Kernels, Inc. have agreed to terms of a lease of the
building at 131 E. Hydraulic Avenue for the purpose of operating a food concession business;
and,
WHEREAS, the Corporate Authorities of the United City of Yorkville hereby find that it
is in the best interest of the City to enter into said lease.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the building lease between the United City of Yorkville and Creative
Kernels, Inc., Concession Lease Agreement ("the Agreement") a copy of which is attached
hereto and incorporated herein as Exhibit A, is hereby approved.
Section 2. That the Mayor and City Clerk, are hereby authorized to execute and deliver
said Agreement on behalf of the City.
Section 3. That the officials, officers, and employees of the United City of Yorkville are
hereby authorized to take such further actions as are necessary to carry out the intent and purpose
of this Ordinance and building lease.
Section 4. This Ordinance shall be in full force and effect upon passage by a three
fourths vote of the Corporate Authorities, approval, and publication as provided by law.
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Passed by the City Council of the United City of Yorkville,Kendall County,
Illinois this day of , 2011.
CITY CLERK
ROSE SPEARS DIANE TEELING
GEORGE GILSON, JR. JACQUELYN MILSCHEWSKI
CHRIS FUNKHOUSER I MARTY MUNNS
CARLO COLOSIMO l Lu ( O
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this
U _day of Tu , A.D. 2011.
MAYOR
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UNITED CITY OF YORKVILLE
800 GAME FARM ROAD
YORKVILLE, ILLINOIS 60560
THIS CONTRACT made this day of , 2011, by and between the United
City of Yorkville, an Illinois municipal corporation hereinafter called the "City" and Creative Kernels,
Inc., located at 3868 Sandy Bluff Road, Plano, Illinois, 60560,hereinafter called the"Lessee".
WITNESSETH:
WHEREAS, the City has heretofore negotiated terms for the operation of a business for the sale
of food and beverages for consumption on and off the premises to be located at 131 East Hydraulic
Street in the City of Yorkville as contained in the attached Contract Documents; and
WHEREAS, the City has found that the Lessee is the best operator for said business and desires
to award the Lessee this contract for said services.
NOW, THEREFORE, for and in consideration of their mutual promises and agreements, the
parties hereto do hereby agree as follows:
1. The Lessee agrees to furnish all materials, supplies,tools, equipment, labor and other services
necessary to commence and complete the services in accordance with the conditions and
prices stated in the Request for Proposals, Terms and Conditions, Detailed Specifications,
and Proposal Form, all of which are made a part hereof and herein called the "Contract
Documents".
2. The Lessee shall pay the City in the amounts, manner and at times as set forth in the Contract
Documents.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials,this Contract as of the day and year first above written:
UNITED CITY OF YORKVILLE
By: AW J.lea,
Mayor
zAttest•
Crty Clerk
CREATIVE KERNELS, INC.
By. c ..�
re
C v
Print Name and Title
tes 5i5ca
United City of Yorkville
Concession-Lease Agreement
Name of Proposing Company: Creative Kernels.
Project Name: 131 E Hydraulic Building Lease
Proposal No.:
Proposal Due: Friday, March 11, 2011 at 3:00 pm
Proposal Opening_ Friday, March 11, 2011 at 3:01 pm
Required of All Proposers:
Deposit: Not Required
Letter of Capability of Acquiring
Performance Bond: Not Required
Required of Awarded Lessee:
Performance Bond/Letter of Credit: Not Required
Certificate of Insurance: Required
Legal Advertisement Published: N/A
Date Issued: Thursday, February 24, 2011
This document consists of 22 pages.
Return original and two duplicate copies of proposal along with one compact disc with
proposal information contained on it in a *.doe (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
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United City of Yorkville
The UNITED CITY OF YORKVILLE will receive proposals Monday thru Friday,8:00 A.M.to 4:30
P.M. at City Hall, 800 Game Farm Road, Yorkville, IL 60560.
SPECIFICATIONS MUST BE MET AT THE TIME THE PROPOSAL IS DUE.
The City Council reserves the right to accept or reject any and all proposals,to waive technicalities
and to accept or reject any item of any proposal.
The documents constituting component parts of this contract are the following:
I. REQUEST FOR PROPOSALS
II. TERMS & CONDITIONS
III. DETAILED SPECIFICATIONS
IV. PROPOSAL/CONTRACT FORM
DO NOT DETACH ANY PORTION OF THIS DOCUMENT. INVALIDATION COULD
RESULT. Proposers MUST submit an original,2 additional paper copies and one compact disc of
the total proposal. Upon formal award of the proposal,the successful Proposer will receive a copy of
the executed contract.
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United City of Yorkville
I. REQUEST FOR PROPOSALS
1. GENERAL
1.1. Notice is hereby given that the United City of Yorkville will receive sealed proposals up to
Friday, March 11, 2011 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 Friday, March 11, 2011 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.
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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.
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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
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United City of Yorkville
of attorneys and all costs and other expenses arising therefrom or incurred in connection
therewith, and,if any judgment shall be rendered against the City in any such action,the
Proposer shall, at its own expense, satisfy and discharge the same. This Agreement shall
not be construed as requiring the Proposer to indemnify the City for its own negligence.
The Proposer shall indemnify, keep and save harmless the City only where a loss was
caused by the negligent, willful or reckless acts or omissions of the Proposer, its
employees, or its SubLessees.
10. NONDISCRIMINATION
10.1. Proposer shall, as a party to a public contract:
(a) Refrain from unlawful discrimination in employment and undertake affirmative
action to assure equality of employment opportunity and eliminate the effects of past
discrimination;
(b) By submission of this proposal,the Proposer certifies that he is an"equal opportunity
employer" as defined by Section 2000(e) of Chapter 21, Title 42, U.S. Code
Annotated and Executive Orders#11246 and#11375,which are incorporated herein
by reference. The Equal Opportunity clause, Section 6.1 of the Rules and
Regulations of the Department of Human Rights of the State of Illinois,is a material
part of any contract awarded on the basis of this proposal.
10.2. It is unlawful to discriminate on the basis of race,color,sex,national origin,ancestry,age,
marital status, physical or mental handicap, sexual orientation, or unfavorable discharge
for military service. Proposer shall comply with standards set forth in Title VII of the
Civil Rights Act of 1964,42 U.S.C. Secs.2000 et seq.,The Human Rights Act of the State
of Illinois,775 ILCS 5/1-101 et. seq.,and The Americans With Disabilities Act,42 U.S.C.
Sees. 12101 et. seq.
11. SEXUAL HARASSMENT POLICY
11.1. The proposer, as a party to a public contract,shall have a written sexual harassment policy
that:
11.1.1. Notes the illegality of sexual harassment;
11.1.2. Sets forth the State law definition of sexual harassment;
11.1.3. Describes sexual harassment utilizing examples;
11.1.4. Describes the Proposer's internal complaint process including penalties;
11.1.5. Describes the legal recourse,investigative and complaint process available through
the Illinois Department of Human Rights and the Human Rights Commission and
how to contact these entities; and
11.1.6. Describes the protection against retaliation afforded under the Illinois Human Rights
Act.
12. EQUAL EMPLOYMENT OPPORTUNITY
12.1. In the event of the Proposer's non-compliance with the provisions of this Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights ("Department"), the Proposer
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United City of Yorkville
may be declared ineligible for future contracts or subcontracts with the State of Illinois or
any of its political subdivisions or municipal corporations, and the contract may be
canceled or voided in whole or in part, and such other sanctions or penalties may be
imposed or remedies invoked as provided by statute or regulation. During the
performance of this contract, the Proposer agrees as follows:
12.1.1.That it will not discriminate against any employee or applicant for employment
because of race, color,religion, sex,marital status, national origin or ancestry, age,
physical or mental handicap unrelated to ability,sexual orientation,sexual identity or
an unfavorable discharge from military service; and further that it will examine all
job classifications to determine if minority persons or women are underutilized and
will take appropriate affirmative action to rectify any such underutilization.
12.1.2.That,if it hires additional employees in order to perform this contract or any portion
thereof,it will determine the availability(in accordance with the Department's Rules
and Regulations) of minorities and women in the area(s) from which it may
reasonably recruit and it will hire for each job classification for which employees are
hired in such a way that minorities and women are not underutilized.
12.1.3.That,in all solicitations or advertisements for employees placed by it or on its behalf,
it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color,religion, sex,marital status,national origin or j
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
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United City of Yorkville
will not utilize any subLessee declared by the Illinois Human Rights Commission to
be ineligible for contracts or subcontracts with the State of Illinois or any of its
political subdivision or municipal corporations.
13. DRUG FREE WORK PLACE
13.1. Proposer,as a party to a public contract,certifies and agrees that it will provide a drug free
workplace by:
13.2. Publishing a statement: (1) Notifying employees that the unlawful manufacture,
distribution,dispensation,possession or use of a controlled substance,including cannabis,
is prohibited in the City's or proposer's workplace. (2) Specifying the actions that will be
taken against employees for violations of such prohibition. (3) Notifying the employee
that, as a condition of employment on such contact or grant,the employee will: (A) abide
by the terms of the statement; and (B) notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than five(5) days after such
conviction.
13.3. Establishing a drug free awareness program to inform employee's about:(1)the dangers of
drug abuse in the workplace; (2)the City's or proposer's policy of maintaining a drug free
workplace; (3) any available drug counseling, rehabilitation and employee assistance
programs; (4) the penalties that may be imposed upon employees for drug violations.
13.4. Providing a copy of the statement required above to each employee engaged in the
performance of the contract or grant and to post the statement in a prominent place in the
workplace.
13.5. Notifying the contracting or granting agency within ten(10)days after receiving notice of
any criminal drug statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction from an employee or otherwise receiving actual
notice of such conviction.
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13.6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse
assistance or rehabilitation program by any employee who is so convicted as required by
section 5 of the Drug Free Workplace Act.
13.7. Assisting employees in selecting a course of action in the event drug counseling,treatment
and rehabilitation is required and indicating that a trained referral team is in place.
13.8. Making a good faith effort to continue to maintain a drug free workplace through
implementation of the Drug Free Workplace Act.
14. PREVAILING WAGE ACT
14.1. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq.,
for all work completed under this contract to the extent required in said lease. 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
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United City of Yorkville
related subcontract.
14.2. Proposer and each SubLessee shall keep or cause to be kept an accurate record of names,
occupations and actual wages paid to each laborer,workman and mechanic employed by
the Proposer in connection with the contract. This record shall be open to inspection at all
reasonable hours by any representative of the City or the Illinois Department of labor and
must be preserved for four (4) years following completion of the contract.
15. INSURANCE REQUIREMENTS
15.1. Prior to the beginning of the contract period, Lessee and any SubLessees shall each
procure, maintain and pay for such insurance as will protect against claims for bodily
injury of death, or for damage to property, including loss of use, which may arise out of
operations by the Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by
any of them, or by anyone for whose acts any of them may be liable. Such insurance
required of the Lessee and required of the SubLessee 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:
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Workers Compensation $500,000 Statutory
Employers Liability $1,000,000 Each Accident
$1,000,000 Disease Policy Limit
$1,000,000 Disease Each Employee
Comprehensive General Liability $2,000,000 Each Occurrence
$2,000,000 Aggregate
(Applicable on a
Per Project Basis)
Commercial Automobile Liability $1,000,000 Each Accident
Umbrella Liability $3,000,000
15.2. Commercial General Liability Insurance required under this paragraph shall be written on
an occurrence form and shall include coverage for Products/Completed Operations,
Personal Injury with Employment Exclusion (if any) deleted, Blanket XCU and Blanket
Contractual Liability insurance applicable to defense and indemnity obligations and other
contractual indemnity assumed under the Contract Documents.
15.3. Comprehensive Automobile Liability Insurance required under this paragraph shall include
coverage for all owned,hired and non-owned automobiles.
15.4. Workers Compensation coverage shall include a waiver of subrogation against the City.
15.5. Comprehensive General Liability, Employers Liability and Commercial Automobile
Liability Insurance may be arranged under single policies for full minimum limits required,
or by a combination of underlying policies with the balance provided by Umbrella and/or
Excess Liability policies.
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United City of Yorkville
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
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 to a
SubLessee or acceptance of a SubLessee shall relieve the Awarded Proposer from any
obligation hereunder or in any way change the terms of the contract. The awarded
Proposer shall be responsible for payment to the City of 5 % of the SubLessee's gross
receipts.
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United City of Yorkville
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.
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 or any SubLessee. 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 mariner 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.
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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
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United City of Yorkville
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 b and construed in accordance with the laws of the
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State of Illinois without regard for the conflict of laws provisions. Venue is proper only in
the County of Kendall and the Northern District of Illinois.
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:
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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.
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United City of Yorkville
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,
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
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Contract Documents shall include the Request for Proposals,Terms and Conditions,Detail
Specifications and the Concession Lease Agreement
Lessee shall mean the finn with which the City has executed the Concession Lease
Agreement.
Day shall mean Calendar Day unless otherwise stated.
Proposer shall mean a firm that has submitted a full and complete response to this Request
for Proposals.
Specifications shall mean specifications identified in the Contract.
30. OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT
30.1. In general terms, the City is seeking to grant a lessee the exclusive privilege of operating
a business on a portion of the premises generally located at 131 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 to inspect the premises,provided a 24 hour notice is given to
the lessee. Inspections due to an emergency do not require any notice to the lessee.
30.4. The lessee shall be responsible for all taxes and personal property, and maintenance work
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United City of Yorkville
on the building and immediate premises. Any capital improvements done on the premises
over $10,000 in value, other than the initial improvements, shall be approved by the Park
Board prior to commencement. For the purposes of this agreement,maintenance work shall
include regular upkeep of all components of the building, including maintenance and repairs.
If any component of the building is in need of repair or replacement, and the repair or
replacement is greater than $500, then the City shall be responsible for the replacement of the
building component,provided the cost of repair of the component is greater than 50% of the
cost of replacing the component. The preceding sentence does not apply to any capital
improvements initiated and installed by the lessee as a result of the renovation of the
building. Any capital improvements done on the premises of$10,000 or less, other than the
j initial improvements, 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. For all determinations made on the 50%
repair/replacement cost above, the Lessee shall require no less than three bids from qualified
contractors for all repair and replacement quotes.
30.5. At the end of the agreement term, the City shall conduct an inspection of the premises,
and the lessee shall be informed of the outcome of said inspection. The lessee shall be
responsible for returning the premises to its original state, subject to the discretion of the
Park Board.
30.6. The lessee does not have exclusive rights to all concession operations within the park,but
rather, only to the specific operation at the specific location as described in the Concession
Lease Agreement.
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30.7. The lessee shall be permitted to operate a business offering the following goods and
services in the premises defined herein, without further action by the City, and all other uses
and operations must be approved by the City:
30.7.1.1. Food and beverages for consumption on- and off-premises.
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30.8. 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, including metering of the portion of the building to be used.
30.9. If the lessee chooses not to occupy the building through the winter months, the lessee
shall take all necessary precautions and measures to properly winterize the building. These
precautionary measures shall include,but not be limited to, maintaining a minimum level of
heat no less than 50 degrees Fahrenheit to protect the building from extreme freezing
conditions. If alternative methods of winterizing are to be utilized,those methods shall be
subject to approval from the property owner.
30.10. 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.
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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.
The lessor understands that the lessee intends to sublease the building. Lessee understands
that and agrees that the lessee shall be responsible for obtaining all payments from the
sublessee and forwarding the payments to the City including 5% of the SubLessee's gross
receipts.
31.4. The lessee shall provide the City with a security deposit in the amount of$1,000, to be
due to the City prior to start of the agreement term. Said deposit shall be held until after the
end of the term of the agreement, and will be used to offset any damage to the premises.
31.5. The lessee shall provide to the City,prior to the start of the lease, confirmation of
insurance coverage for the premises and the operations of the business for the entire term ,
with the City named as additional insured on all policies.
31.6. Failure to meet any deadline for payment will result in an interest charge of 10% on said
late payment.
31.7. 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 maybe required of the successful bidders
personnel that will be employed under this contract.
33. TERM OF CONTRACT
33.1. The term of the Contract shall be negotiated in the contract,but will generally be for a two
year-period with the City having an option to exercise two, two-year option terms. The
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United City of Yorkville
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.
33.1.1. Right of First Refusal. Should at the end of any term of this contract the City and Lessee
fail to come to an agreement for an extension of the contract,the contract shall end and the
City shall be able to enter in to discussions with other parties to attempt to come to a new
agreement. If terms of a new agreement are reached with another party, the Lessee shall be
advised of those terms and shall within 10 days of its notice notify the City of its rejection
or tentative acceptance of those terms. The City and Lessee shall then enter into further
discussions regarding the tentative acceptance of those terms to attempt to come to a mutual
agreement. Failure of the City and Lessee to come to a mutual agreement within 14 days
after the Lessee's tentative notice of acceptance to the City shall result in the Lessee having
no further interest in a renewal contract and the City may enter into a contract with any
other party for those services.
33.1.2. During the contract terms and the contract option terms, the City agrees the base rent will
not increase more than 5% from term to tern
34. PRINCIPAL CONTACT FOR CITY
34.1. The principal contact for the City that will coordinate assistance to the proposers will be
Bart Olson, Interim Director of Parks and Recreation, 630-553-4350 or
bolson@yorkville.il.us.
35. ALTERNATIVES AND DEVIATIONS
35.1. The specifications included in this package describe existing services which the City
believes are necessary to meet performance requirements of the City and shall be considered
the minimum standards expected of the Lessee.
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35.2. Other alternatives from the specifications in Section III maybe 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.
United City of Yorkville
36. EMPLOYEES
36.1.The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient
manner; to use care and diligence in the performance of this contract; and to provide neat,
orderly and courteous personnel. The Lessee shall agree to prohibit any drinking of alcoholic
beverages or use of illegal drugs or drugs which impair the ability of the employee or agent
to safely and adequately perform his or her job while on duty or in the course of performing
their duties under this contract. The Lessee shall also agree to ensure that each employee
driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she
is driving. The Lessee's employees will be attired, at all times, in a professional-type
manner. These specifics will be agreed upon between representatives from the Lessee and
the City Designated Representative
37. ACCIDENT PREVENTION
37.1.Precaution shall be exercised at all times for the citizens, employees and property. The
safety provisions of all applicable laws and building and construction codes shall be
observed. Machinery, equipment and all hazards shall be guarded or eliminated in
accordance with safety provisions.
38. TAXES, LICENSES & PERMITS
38.1.The Lessee shall pay all sales,use, property, income, and other taxes that are lawfully
assessed against the City or the Lessee in connection with the Lessee's facilities and the work
included in this Contract, and shall obtain and pay for all licenses,permits, certificates of
authority, and inspections required for the work. The Lessee shall furnish to the City
satisfactory evidence that it has all permits, licenses, and certificates of authority required to
operate for the term of this contract.
39. DEFAULT
39.1.If the Lessee fails to observe any portion of the Concession Lease Agreement and there has
not been sufficient cause to justify such lack of observance, the City shall serve notice, either
personally or by affixing such notice to the local premises of the Lessee,that this contract
shall be in default if the Lessee does not take action to remedy failure the schedule within
twenty-four(24) hours of said notice. If at the end of the twenty-four(24)hour period, the
Lessee has not made the necessary corrections, the City shall take such steps as are
necessary, to provide services according to the collection schedule submitted by the Lessee.
The Lessee will be liable for any costs of such steps from the date of the notice of default. If
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.
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United City of Yorkville
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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:
0-(ZA-, ie-- 1 0 ,0G Date:
Company Name �/
K IM @ c iZ -,vE5 I cz*
U Email Address
Street Address of Company A ,�
( lam J (2
Contact Name (Print)
City, State, Zip
24-Hour Telephone
Business Phone
S' ature of Officer, Partner or
Fax Sole Proprietor
iA-A, CL�
Print Name&Title
ATTEST: If a Corporation
tt�nure of Corporation Secretary
CITY OF YORKVI LE:
AW J_ ATTEST:
"ASDkIVzed Signature '
Signatu(>ree of City Cle
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.
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United City of Yorkville
PROPOSER'S CERTIFICATION (page I of 3)
With regard to 14V .)I I C ,proposer y::),M MCC--1(i1p hereby certifies
ame 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 ILLS
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)
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United City of Yorkville
Revenue for the payment of all such taxes that are due, and Proposer is in compliance with the
agreement.
"L�. r
BY:
Proposer's Authorized Agent
1313 I'D I -�?
FEDERAL TAXPAYER IDENTIFICATION NUMBER
or
Social Security Number
Subscribed and sworn to before me
SEAL this�( _day of �j��_,2011.
MEWM OSTREKO
NOTARY PI"-STATE OF ILLINOIS
MY OOWASSION EXPIRES 01126114
Notary P lic)
(Fill Out Applicable Paragraph Below)
(a) Corporation
The Proposer is a corporation organized and existing under the laws of the State of
�L Lt X015 , which operates under the Legal name of
(' IcT and the full names of its Officers are as
follows:
President:
Secretary: C_
Treasurer: I M M C
and it does have a corporate seal. (In the event that this bid is executed by other than the
President, attach hereto a certified copy of that section of Corporate By-Laws or other
authorization by the Corporation which permits the person to execute the offer for the
corporation.)
(b) Partnership
Signatures and Addresses of All Members of Partnership:
PROPOSER'S CERTIFICATION (page 3 of 3)
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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?
I
-Insurer's Name u ae, l o50 aaw cr-,- 4n e�=4
Agent
Street Address _j_�Q \,jo �/pr 1 p•.� -� � ��-
City, State, Zip Code ��rf �� t!' I L to 1 e-,
Telephone Number
I/We affirm that the above certifications are true and accurate and that I/we have read and
understand them.
I
Print Name of Company:C w _� �� s� 1►J
Print Name and Title of Authorizing Signature: 1 IN-A
Signature:
Date: - 01 to •-1
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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
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United City of Yorkville
APPENDIX 6
LESSEE QUALIFICATIONS
Name of Business: iZ -g-, );F. V�. ti�C 1 t')C >
Business Address: Mailing Address: 3?log v--�,-1 ,
Business Number: C)
Emergency Number:
Fax Number:
Ownership: Individual Partnership o oratio
Franchise or Parent Company(if applicable):
List all Partners, Managers, and Corporate Officers:
Name Title Residence Phone
c���� -Sqc
CC
Days of Operation:
Business Hours: M l l a D—` i n S�`r ► 1 — rJ I �_
Number of Employees:
Supervisors: n a M 610 2�
Drivers:
Office Personnel:
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