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Ordinance 2011-06 Ordinance No. 2011- 06 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,APPROVING A LEASE AGREEMENT WITH SPECIALTY EXPEDITIONS INC. (DBA GENEVA KAYAK CENTER) (301 E. Hydraulic Avenue,Riverfront Building) 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 11-76-1 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 Specialty Expeditions Inc., DBA Geneva Kayak Center, have agreed to terms of a lease of the building at 301 E. Hydraulic Avenue for the purpose of operating a canoe and kayak rental center; 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. The Corporate Authorities of the United City of Yorkville hereby find as facts all of the recitals in the preamble of this Ordinance and incorporate them as though fully set forth herein. Section 2. That the building lease between the United City of Yorkville and Specialty Expeditions Inc., DBA Geneva Kayak Center, Concession Lease Agreement("the Agreement") a copy of which is attached hereto and incorporated herein as Exhibit A, is hereby approved. Section 3. That Valerie Burd, Mayor and Jackie Milschewski, City Clerk, are hereby authorized to execute and deliver said Agreement on behalf of the City. Section 4. 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 5. 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. 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of' �_ , 2011.QS AY CLERK ROBYN SUTCLIFF � DIANE TEELING ARDEN JOE PLOCHER� WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this off$ day of FE8PZ u49 y , A.D. 2011. UAW- MAYOR i 2 United City of Yorkville Concession-Lease Agreement Name of Lessee: Specialty Expeditions Inc,DBA Geneva Kayak Project Name: Riverfront Building Lease Proposal No.: Proposal Due: Tuesday,November 23, 2010 at 3:00 pm i Proposal Opening•. Tuesday,November 23, 2010 at 3:01 pm Required of All Proposers: Deposit: Not Required Letter of Capability of Acquiring Performance Bond: Not Re uq fired Required of Awarded Lessee: Performance Bond/Letter of Credit: Not Required Certificate of Insurance: Required Legal Advertisement Published: N/A Date Issued: Friday, October 22, 2010 This document consists of 22 pages. Return original and two duplicate copies of proposal along with one compact disc with proposal information contained on it in a *.doc (Microsoft Word) or *.pdf(Abode Acrobat) version in a sealed envelope marked with the Proposal Number as noted above to: I, 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 i 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 Fain 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 i 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. I 2 United City of Yorkville I. REQUEST FOR PROPOSALS 1. GENERAL 1.1. Notice is hereby given that the United City of Yorkville will receive sealed proposals up to November 23, 2010 at 3:00 pm. 1.2. Proposals will be opened and read aloud in the City Council Chambers at Yorkville City Hall, 800 Game Farm Road on Tuesday,November 23, 2010 at 3:01 pm. 1.3. Proposals must be received at the United City of Yorkville by the time and date specified. Proposals received after the specified time and date will not be accepted and will be returned unopened to the Proposer. 1.4. Proposal forms shall be sent to the United City of Yorkville, ATTN: Bart Olson, in a sealed envelope marked "SEALED PROPOSAL". The envelope shall be marked with the name of the project, date, and time set for receipt of proposals. 1.5. By submitting this proposal,the proposer certifies under penalty of perjury that they have not acted in collusion with any other proposer or potential proposer. 2. PREPARATION OF PROPOSAL 2.1. It is the responsibility of the proposer to carefully examine the specifications and proposal documents and to be familiar with all of the requirements, stipulations, provisions, and conditions surrounding the proposed services. 2.2. No oral or telephone interpretations of specifications shall be binding upon the City. All requests for interpretations or clarifications shall be made in writing and received by the City at least five (5) business days prior to the date set for receipt of proposals. All changes or interpretations of the specifications shall be made by the City in a written addendum to our proposers of record. 2.3. In case of error in the extension of prices in the proposal,the hourly rate or unit price will govern. In case of discrepancy in the price between the written and numerical amounts, the written amount will govern. 2.4. All costs incurred in the preparation, submission, and/or presentation of any proposal including any proposer's travel or personal expenses shall be the sole responsibility of the proposer and will not be reimbursed by the City. 2.5. The proposer hereby affirms and states that the prices quoted herein constitute the total cost to the City for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence,overhead expense,all profits and all other work,services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the Contract Documents considered severally and collectively. 3 United City of Yorkville 3. MODIFICATION OR WITHDRAWAL OF PROPOSALS 3.1. A Proposal that is in the possession of the City may be altered by a letter bearing the signature or name of person authorized for submitting a proposal, provided that it is received prior to the time and date set for the bid opening. Telephone, email or verbal alterations of a proposal will not be accepted. 3.2. A Proposal that is in the possession of the City may be withdrawn by the proposer,up to the time set for the proposal opening,by a letter bearing the signature or name of person authorized for submitting proposals. Proposals may not be withdrawn after the proposal opening and shall remain valid for a period of ninety (90) days from the date set for the proposal opening,unless otherwise specified. 4. DELIVERY 4.1. All proposal prices are to be quoted, delivered F.O.B. City of Yorkville, 800 Game Farm Road,Yorkville, IL 60560. 5. TAX EXEMPTION 5.1. The City is exempt from Illinois sales or use tax for direct purchases of materials and supplies. A copy of the Illinois Sales Tax Exemption Form will be issued upon request. Our federal identification will also be provided to selected vendor. 6. RESERVED RIGHTS 6.1. The City of Yorkville reserves the exclusive right to waive sections, technicalities, irregularities and informalities and to accept or reject any and all proposals and to disapprove of any and all subLessees as may be in the best interest of the City. Time and date requirements for receipt of proposal will not be waived. II. TERMS AND CONDITIONS 7. CITY ORDINANCES 7.1. The successful proposer will strictly comply with all ordinances of the City of Yorkville and laws of the State of Illinois. 8. USE OF CITY'S NAME 8.1. The proposer is specifically denied the right of using in any form or medium the name of the City for public advertising unless express permission is granted by the City. 9. INDEMNITY AND HOLD HARMLESS AGREEMENT 9.1. To the fullest extent permitted by law, the Proposer shall indemnify, keep and save harmless the City and its agents, officers, and employees, against all injuries, deaths, losses,damages,claims,suits,liabilities,judgments,costs and expenses,which may arise directly or indirectly from any negligence or from the reckless or willful misconduct of the Proposer, its employees, or its subLessees, and the Proposer, its employees, or its subLessees, and the Proposer shall at its own expense, appear,defend and pay all charges 4 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. Secs. 12101 et. seq. I 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. i 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 i 5 i 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 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 6 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. I 13.5. Notifying the contracting or granting agency within ten(10)days after receiving notice of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction from an employee or otherwise receiving actual notice of such conviction. 13.6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted as required by section 5 of the Drug Free Workplace Act. 13.7. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and indicating that a trained referral team is in place. 13.8. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. 14. PREVAILING WAGE ACT 14.1. Proposer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., for all work completed under this contract. Proposer agrees to pay the prevailing wage and require that all of its subLessees pay prevailing wage to any laborers, workers or mechanics who perform work pursuant to this contract or related subcontract. 7 United City of Yorkville 14.2. Proposer and each subLessee shall keep or cause to be kept an accurate record of names, occupations and actual wages paid to each laborer,workman and mechanic employed by the Proposer in connection with the contract. This record shall be open to inspection at all reasonable hours by any representative of the City or the Illinois Department of labor and must be preserved for four (4)years following completion of the contract. 15. INSURANCE REQUIREMENTS 15.1. Prior to the beginning of the contract period, Lessee and any SubLessees shall procure, maintain and pay for such insurance as will protect against claims for bodily injury of death, or for damage to property,including loss of use,which may arise out of operations by the Lessee or SubLessee or any Sub-Sub Lessee or by anyone employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall not be less than the greater of coverages and limits of liability specified below or any coverages and limits of liability specified in the Contract Documents or coverages and limits required by law unless otherwise agreed to by the City: Workers Compensation $500,000 Statutory Employers Liability $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Comprehensive General Liability $2,000,000 Each Occurrence $2,000,000 Aggregate (Applicable on a Per Project Basis) Commercial Automobile Liability $1,000,000 Each Accident Umbrella Liability $3,000,000 15.2. Commercial General Liability Insurance required under this paragraph shall be written on an occurrence form and shall include coverage for Products/Completed Operations, Personal Injury with Employment Exclusion (if any) deleted,Blanket XCU and Blanket Contractual Liability insurance applicable to defense and indemnity obligations and other contractual indemnity assumed under the Contract Documents. 15.3. Comprehensive Automobile Liability Insurance required under this paragraph shall include coverage for all owned,hired and non-owned automobiles. 15.4. Workers Compensation coverage shall include a waiver of subrogation against the City. 15.5. Comprehensive General Liability, Employers Liability and Commercial Automobile Liability Insurance may be arranged under single policies for full minimum limits required, or by a combination of underlying policies with the balance provided by Umbrella and/or Excess Liability policies. 15.6. Lessee and all SubLessees shall have their respective Comprehensive General Liability (including products/completed operations coverage), Employers Liability, Commercial 8 United City of Yorkville 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. �I 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 9 United City of Yorkville detailed specifications or special conditions section, supra. 19. TERMINATION OF CONTRACT 19.1. The City reserves the right to terminate the whole or any part of this contract,upon thirty (30)days written notice to the Awarded Proposer,in the event of default by the Awarded Proposer. Default is defined as failure of the Awarded Proposer to perform any of the provisions of this contract or failure to make sufficient progress so as to endanger performance of this contract in accordance with its terms. In the event that the Awarded Proposer fails to cure the default upon notice, and the City declares default and termination, the City may procure,upon such 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 l 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 10 United City of Yorkville 23.1. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard for the conflict of laws provisions. Venue is proper only in the County of Kendall and the Northern District of Illinois. 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 11 United City of Yorkville. this section. Other teens shall be defined within applicable subsections. Awarded proposer shall mean the firm which the City has selected to negotiate a contract, and pending successful completion of contract negotiations, shall become the Lessee Concession Lease Agreement shall mean the agreement awarded by the Lessor to the Lessee that governs use of the property and grants the Lessee the right to operate a business within the property, subject to restrictions. Contract shall mean the agreement created by and consisting of the Contract Documents and Concession Lease Agreement Contract Documents shall include the Request for Proposals,Terms and Conditions,Detail Specifications and the Concession Lease Agreement Lessee shall mean the firm with which the City has executed the Concession Lease Agreement. Day shall mean Calendar Day unless otherwise stated. Proposer shall mean a firm that has submitted a full and complete response to this Request for Proposals. I Specifications shall mean specifications identified in the Contract. 30. OPERATING SPECIFICATIONS OF THE CONCESSION LEASE AGREEMENT 30.1. In general terms,the City is seeking to grant a lessee the exclusive privilege of operating a business on the premises generally located at 301 E Hydraulic Street in Yorkville, and as more specifically described in this document. 30.2. For purposes of evaluating the proposer's experience and certifications, copies of resumes for all proposed operators, managers and major employees for the business are required in the proposal. Relevant work history and experience in operating a business of the nature as herein described shall be used in the evaluation of the proposal and selection of the awarded proposer. 30.3. The City shall have the right at all times to inspect the premises occupied by the Lessee in conducting its services and sales. 30.1. The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises. The lessee shall be responsible for all taxes and personal property, and maintenance work on the building and immediate premises. 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, 12 United City of Yorkville provided the cost of repair of the component is greater than 50% of the cost of replacing the component. 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. 30.2. 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. 30.3. 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. 30.4. 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. 30.4.1. The lessee shall be permitted to operate a business offering the following goods and services on the premises defined herein, without further action by the City, and all other uses and operations must be approved by the City: 30.4.1.1. Rental and purchase of paddling,boating, and tubing equipment, accessories, and gear not otherwise prohibited in this agreement or in the Riverfront park rules. 30.4.1.2. Group and/or personal instruction and/or tours of the Riverfront Park or other water features. 30.5. The lessee has the right to install a webcam within Riverfront Park for the purpose of broadcasting conditions within the whitewater park. Said installation must be in accordance with City codes and must be located within the premises contained within this lease agreement,unless otherwise agreed to by the Director of Parks and Recreation. The lessee has the option to participate in funding a City-operated webcam within the park. 30.6. 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. 30.7. 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 13 United City of Yorkville conditions. If alternative methods of winterizing are to be utilized,those methods shall be subject to approval from the property owner. 30.8. The City has no control nor responsibility for the construction progress of the dam bypass and whitewater features, and therefore makes no guarantees nor warrants that construction will be complete by a certain date or time. The lessee assumes all risks associated with the nature of the unknown opening date for the dam bypass and whitewater features. 31. PAYMENTS AND OTHER REPORTS TO THE CITY 31.1. The lessee is required to submit certain payments, forms, financial statements, and other items on a timely basis. Failure to submit any of the required items in a timely fashion may result in breach of the agreement. 31.2. The lessee, at minimum, shall make payments equivalent to 5% of the annual sum of the total adjusted gross receipts on the sale of retail products, and 20% of total adjusted gross receipts on instructional programs, rentals, and guided tours. Said payment shall make said payment prior to February 1 of each year. The following sales are specifically exempt from the calculation of total adjusted gross receipts: 31.2.1.1. Institutional sales—large group sales at wholesale prices to organizations that are not subject to sales tax. 31.2.1.2. Adventure travel programs—Guided tours and trips to sites outside of a 50-mile area. 31.2.1.3. Sales of used equipment and consignment sales,provided the total sales of this group does not exceed 50% of gross boat sales in any given calendar year. i 31.3. The lessee shall make premises rental payments of$250 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 in 10 installments of$500 due concurrently with the first 10-months of rental payments due under this agreement. Said deposit shall be held until after the end of the term of the agreement, and will be used to offset any damage to the premises. 31.5. The lessee shall provide to the City,prior to the start of the lease, confirmation of insurance coverage for the premises and the operations of the business for the entire term , with the City named as additional insured on all policies. 31.6. The lessee shall provide to the City,prior to the start of the lease, confirmation of business interruption insurance coverage for the operations for the entire lease. In the event 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. 14 I United City of Yorkville 31.8. The lessee is required to submit an annual concession financial statement by January 30 of each year. 32. FIRM QUALIFICATIONS AND EXPERIENCE 32.1. The proposal shall state the size of the firm and the number and nature of the staff to be employed under this contract on a full-time and/or part-time basis. 32.2. The proposal should identify the principal supervisory and/or management staff who would be assigned to this contract. The firm should also provide information on the relevant experience of its firm on similar engagements. 32.3. The City retains the right to approve or reject staff replacements of the successful bidder. If it is deemed necessary,background checks may be required of the successful bidders personnel that will be employed under this contract. 33. TERM OF CONTRACT 33.1. The term of the Contract shall be negotiated in the contract,but will generally be for a two year-period with the City having an option to exercise two, two-year option terms. The Lessee may negotiate in good faith, on request of the City, for an extension to the contract, provided that the contract extension is approved by the City Council no later than one hundred twenty (120) days before the termination of the existing contract. 34. PRINCIPAL CONTACT FOR CITY 34.1. The principal contact for the City that will coordinate assistance to the proposers will be Bart Olson, Interim Director of Parks and Recreation, 630-553-4350 or bolson@yorkville.il.us. 35. ALTERNATIVES AND DEVIATIONS 35.1. The specifications included in this package describe existing services which the City believes are necessary to meet performance requirements of the City and shall be considered the minimum standards expected of the Lessee. 35.2. Other alternatives from the specifications in Section III may be indicated if the proposed alternatives are equal to or greater than what is required by these specifications. All alternatives shall be separately listed, and a justification for each shall be stated. The Lessee shall use Appendix 3, Schedule of Alternatives and Deviations, for listing other alternatives. 35.3. If the Lessee is unable to meet any of the specifications as outlined herein, it shall also separately list all requested deviations from the specifications, with justifications attached 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. 15 United City of Yorkville 35.3.2. The City further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations The City shall also be the sole and final judge as to whether any alternative or deviation is of an equivalent or better quality of service. 36. EMPLOYEES 36.1.The Lessee shall undertake to perform all services rendered in a neat, orderly and efficient manner; to use care and diligence in the performance of this contract; and to provide neat, orderly and courteous personnel. The Lessee shall agree to prohibit any drinking of alcoholic beverages or use of illegal drugs or drugs which impair the ability of the employee or agent to safely and adequately perform his or her job while on duty or in the course of performing their duties under this contract. The Lessee shall also agree to ensure that each employee driving a vehicle shall at all times carry a valid operator's license for the type vehicle he/she is driving. The Lessee's employees will be attired, at all times, in a professional-type manner. These specifics will be agreed upon between representatives from the Lessee and the City Designated Representative 37. ACCIDENT PREVENTION 37.1.Precaution shall be exercised at all times for the citizens, employees and property. The safety provisions of all applicable laws and building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with safety provisions. 38. TAXES,LICENSES & PERMITS 38.1.The Lessee shall pay all sales,use,property, income, and other taxes that are lawfully assessed against the City or the Lessee in connection with the Lessee's facilities and the work included in this Contract, and shall obtain and pay for all licenses,permits, certificates of authority, and inspections required for the work. The Lessee shall furnish to the City satisfactory evidence that it has all permits, licenses, and certificates of authority required to operate for the term of this contract. 39. DEFAULT 39.1.If the Lessee fails to observe any portion of the Concession Lease Agreement and there has not been sufficient cause to justify such lack of observance, the City shall serve notice, either personally or by affixing such notice to the local premises of the Lessee, that this contract shall be in default if the Lessee does not take action to remedy failure the schedule within twenty-four (24) hours of said notice. If at the end of the twenty-four(24)hour period, the Lessee has not made the necessary corrections, the City shall take such steps as are necessary, to provide services according to the collection schedule submitted by the Lessee. The Lessee will be liable for any costs of such steps from the date of the notice of default. If 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 I 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 y y � 't Email Addr ss Street Address of Company ��`✓///�/ b C� Conta Name (Print) City, State, Zip 24-Hour Telephone Business Phone Signatur ,fficer, Partner or Fax Sole Proprietor Pri t_N_ ame&Title ATTEST: If a Corporation 4j Signature of Corporation Secretary CITY F YO ATTEST: ut zed gnature MA YOk Signature�o�ity Clerk Title T- 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. 17 United City of Yorkville PROPOSER'S CERTIFICATION (page I of 3) With regard to ,proposer hereby certifies (Name of Project) ame of Proposer) the following: 1. Proposer is not barred fiom 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 deterniined 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: roposer's Authorized Agent FEDERAL TAXPAYER IDENTIFICATION NUMBER or Social Security Number Subscribed and sworn to before me this PA day of , 201/. OFFO K SEAL MEC*M 06TREK0 NOTARY PUKX-STATE OF LLO OI$ WCOMSIONOW011SO/JQ114 Notary blic) (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 ���Pr�G and the full names of its Officers are as fol ow. President: Secretary: 4V"G/ 4j��/�>r� 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 of 3) 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: 4ew 44nle 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 i I i i I I 21 i United City of Yorkville APPENDIX 6 LESSEE QUALIFICATIONS Name of Business: .( -wet &valli Business Address: Mailing Address: 30 r/<uc G Business Number: J47 j?g�Z 4;;-' l� Emergency Number: Fax Number: Ownership: Individual Partnership Crpration Franchise or Parent Company(if applicable): List all Partners, Managers, and Corporate Officers: Name / Title ® Residence Phone 211 ,;0 29� ✓���� Guiy an a0 51 g- Days of Operation: Business Hours: /© 4 F /z Number of Employees: Supervisors: C? Drivers: P Office Personnel: 22