AGENDA ELMHURST PARK DISTRICT REGULAR BOARD MEETING Administrative Office 375 West First Street April 13, 2016 6:00 p.m. 1. CALL TO ORDER ....................................................................................................... 6:00 p.m. a. Commissioner Attendance Via Electronic Means 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL............................................................................................................... All Present 4. CLOSED SESSION: ................................................................................................... 6:02 p.m. a. Pursuant to 5ILCS 120/2(c)(16) for “self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.” RETURN TO OPEN SESSION ..................................................................................................7:53 p.m. 5. ADDITIONS/DELETIONS/CHANGES TO AGENDA ................................................. None 6. REMARKS/CORRESPONDENCE FROM VISITORS ............................................... Noted 7. COMMITTEE REPORTS a. Stormwater Subcommittee ........................................................................... Moved to 10a (1) 8. UPCOMING COMMITTEE MEETINGS ...................................................................... Noted a. Gateway – April 14, 2016 b. PEP – April 15, 2016 c. Sugar Creek Golf Course – April 26, 2016 d. Elmhurst Art Museum – April 27, 2016 9. CONSENT AGENDA .................................................................................................. Approved * a. Approval of March 23, 2016 Regular Meeting Minutes * b. Approval of March 23, 2016 Closed Meeting Minutes * c. Voucher Lists * d. Purchase of Liquid Chlorine (Sodium Hypochlorite) and Liquid Sodium Bisulfate for Outdoor Use * e. Tree Maintenance Bid (Removal, Stump Grinding, and Aerial Pruning) 10. BOARD BUSINESS a. Unfinished Business (Old): * 1) Stormwater Management Discussion ................................................................ Discussed b. New Business: * 1) Mower Replacement .......................................................................................... Approved * 2) Contract Amendment for Executive Director J. Rogers.................................... Approved 11. COMMISSIONER INFORMATION ITEMS a. Announcements ............................................................................................................... Noted * b. Future Agenda ...................................................................................................... No Changes 12. STAFF ANNOUNCEMENTS ........................................................................................... Noted 13. CLOSED SESSION: ..................................................................................................... 8:45 p.m. a. Pursuant to 5ILCS 120/2(c)(5) for the discussion of “the purchase or lease of real property for the use of the District.” 14. ADJOURNMENT ......................................................................................................... 9:35 p.m. Any person requiring a reasonable accommodation to participate in this Park District activity should call (630) 993- 8900 and ask for our ADA Compliance Officer, Monday through Friday from 8-5 p.m. within 48 hours prior to the meeting. Requests for a qualified interpreter require five (5) days’ advance notice. Please turn off all cellular telephones prior to the meeting. Cellular telephones will interfere with the audio recording of the Park Board Meeting. *Written information on item included in packet.
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AGENDA
ELMHURST PARK DISTRICT
REGULAR BOARD MEETING
Administrative Office
375 West First Street
April 13, 2016
6:00 p.m.
1. CALL TO ORDER ....................................................................................................... 6:00 p.m.
a. Commissioner Attendance Via Electronic Means
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL ............................................................................................................... All Present
Any person requiring a reasonable accommodation to participate in this Park District activity should call (630) 993-
8900 and ask for our ADA Compliance Officer, Monday through Friday from 8-5 p.m. within 48 hours prior to the
meeting. Requests for a qualified interpreter require five (5) days’ advance notice. Please turn off all cellular
telephones prior to the meeting. Cellular telephones will interfere with the audio recording of the Park Board Meeting.
*Written information on item included in packet.
vchlist 03/23/2016 9:08:06AM
Bank code : epd
Voucher List Elmhurst Park District
Page: 10
Voucher Date Vendor Invoice PO # Description/Account Amount ---------------------------------------------------------------------------~----------------------------------
Accounts Payable Check Date ·~ 9,5 ac:> \(0 Accounts Payable Run Total \']0 I a~ (p • IZSC
I, the undersigned, hereby authorize the aforementioned
accounts payable check run for payment.
For the Elmhurst Park District Board ~--·-·
Commissioners, by Commisioner ~>-:;--::::JI"'or;,...-. ·~-~·_· .... ~~---------Date:
I, the undersigned, hereby attest the authorization
signature of the above Commissioner. I, the undersigned,
also attest that the aforementioned accounts payable check
run has been accurately compiled in form and substance.
Title ___ ...;;;;....-:.-...;;;;...._-:-;.-T:..r~-......;;;...;;._~----------------Date _______ __,:;.._,.; ___ ..-:.. _____________________ _
Page: 10
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Agenda #9c
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vchlist
03/23/2016 9:08:06AM
Bank code : epd
Voucher List Elmhurst Park District
Voucher Date Vendor Invoice PO # ----------------------------------------------------------63258 3/25/2016 00878 ACCURATE INDUSTRIES, INC. 274517
63259 3/25/2016 00119 ADDISON ENGRAVING, INC. 88873
63260 3/25/2016 06278 AL PIEMONTE FORD SALES, INC. 635025
63261 3/25/2016 00192 ALLIANCE PAPER & FOOD SRV 317485-00
63262 3/25/2016 00003 AMERICAN TELEPHONE & TELEGRAPH, ( 20010307
63263 3/25/2016 05588 ANDERSON ELEVATOR CO., SOUTH WES 182240
63264 3/25/2016 01957 ANDERSON LANDSCAPE SUPPLY
63265 3/25/2016 00008 AQUA FECTION, INC.
V62839 V62849
6640 6646
63266 3/25/2016 01832 ARLINGTON POWER EQUIPMENT INC. 670011
63267 3/25/2016 08333 ATWOOD CONSULTING GROUP 02152016
B O A R D O F P A R K C O M M I S S I O N E R S M E M O R A N D U M
DATE: April 13, 2016
TO: Board of Park Commissioners
FROM: James W. Rogers, Executive Director Angela Ferrentino, Director of Parks and Facilities E. Anne Scheppele, Division Manager-Facilities RE: PURCHASE OF LIQUID CHLORINE (SODIUM HYPOCHLORITE) AND
LIQUID SODIUM BISULFATE FOR OUTDOOR POOLS
ISSUE Chlorine-based disinfectants are among the most frequently applied disinfectants and oxidizers for swimming pool treatment. Another chemical vital to pool treatment is sodium bisulfate, which balances the pH level of water. During the 2016 pool season, East End and Smalley pools are projected to use approximately 8,000 gallons of liquid chlorine (sodium hypochlorite) and approximately 4,000 gallons of sodium bisulfate (pH balancer). Although sodium bisulfate is available in both a solid granular form and as a liquid, the District has chosen to use the liquid form due to its safety and cost effectiveness. DISCUSSION A legal notice for the supply and delivery of liquid chlorine and liquid sodium bisulfate to East End and Norman P. Smalley Pools was placed in a local newspaper on March 4, 2016 and bid specifications were emailed to five companies. The public bid opening was held on March 21, 2016 (bid tally sheet attached). The following bids were submitted.
Company
Price per Gallon Liquid
Chlorine Price per Gallon
Liquid Sodium Bisulfate
Mineral Masters West Chicago, IL
$1.50 No Bid
Hawkins, Inc., Peotone, IL
$1.54 $2.49
Of the two sealed bids received, Hawkins provided pricing for both liquid chlorine and liquid sodium bisulfate as specified in the bid documents. Although Mineral Masters submitted the lowest price for liquid chlorine, pricing for liquid sodium bisulfate was omitted in their bid submission.
Based on responsiveness to the bid specifications and in the interest of consistency and stability of goods and services, staff determined that awarding one contract to a single supplier is the best value method for procurement of liquid pool chemicals for the 2016 season. Using a single supplier will save time by only having to contact one vendor, whether it is for placing an order, following up, or to handle issues that arise. Therefore, the lowest responsive bidder for both the liquid chlorine and liquid sodium bisulfate was Hawkins, Inc. The District contracted with Hawkins in 2015 for the supply and delivery of liquid chlorine and liquid sodium bisulfate to the outdoor pools (2015 prices per gallon were $1.57 Liquid Chlorine and $2.52 Liquid Sodium Bisulfate). Due to this satisfactory experience, staff determined Hawkins to be a responsible bidder capable of providing a high service level and meeting the required specifications. Positive reference checks were received from the Mundelein, Wheaton, and Woodridge park districts. Funds for liquid chlorine and liquid sodium bisulfate in the amount of $22,607 have been included in the appropriate line item in the FY 2016 budget. Based on typical supply usage, the approximate cost for both chemicals is expected to be $22,280. Last year, the District’s actual cost for both liquid chlorine and sodium bisulfate was $15,098, which is much lower than anticipated due to cool temperatures and lower pool attendance. RECOMMENDATION That the Board of Park Commissioners awards the bid to purchase approximately 8,000 gallons of liquid chlorine (sodium hypochlorite) in the amount of $1.54 per gallon, and 4,000 gallons of liquid sodium bisulfate in the amount of $2.49 per gallon from Hawkins, Inc., of Peotone, IL. Thank you. Attachment: Bid Tally Sheet
Submitted By
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ELMHURST PARK DISTRICT 2016 Delivery of Sodium Hypochlorite, 15%, and Liquid Sodium Bisulfate, 40%
Total: Sodium Hypochlorite, 15% plus Liquid Sodium Bisulfate, 40%
3- 2.1-IV Witnessed&<(.;..~ Date: -=------ - , Date: 3_~~ Iff (o I I
Agenda #9e
E L M H U R S T P A R K D I S T R I C T
B O A R D O F P A R K C O M M I S S I O N E R S M E M O R A N D U M
DATE: April 13, 2016 TO: Board of Park Commissioners FROM: James W. Rogers, Executive Director Angela Ferrentino, Director of Parks & Facilities Daniel Payne, Division Manager – Parks RE: 2016 TREE MAINTENANCE BID ISSUE In order to maintain safe and healthy trees within the parks, the District annually contracts with an established and professional tree service company for tree maintenance. This arrangement meets the Board’s Strategic Plan Theme of Fiscal Agility, Objective B: Take Care of What We Have and Objective C: Invest in the Future. DISCUSSION Trees are one of the greatest assets in the Park District. The maintenance of trees requires specific skills, equipment, and resources that are not regularly available or financially practical for the District’s Parks Department staff. Aerial pruning, removal of limbs near power lines, and stump grinding are examples of tree maintenance that is best delegated to a contractor. The plan for 2016 is to complete a number of the remaining ash tree removals as well as aerial pruning, hazardous tree removal and stump grinding. Funds for tree maintenance in the amount of $26,000 have been allocated in the 2016 Contractual Services budget. A legal notice for Tree Maintenance was placed in the local paper on March 11, 2016 and the public bid opening was held on March 29, 2016. The bid specified the option to extend the agreement for a second year through 2017 at the same prices quoted for 2016. The decision to extend the agreement will be based on the 2017 budget appropriation, the District’s needs, and the District’s satisfaction with the services provided in 2016. Seven companies submitted sealed bids and the results are attached. Dawsons Tree Service, Inc. of Elmhurst, IL submitted the lowest overall bid for tree maintenance. Positive reference for Dawsons were received from the Village of Villa Park and Bensenville Park District. Additionally. Dawsons Tree Service has been the District’s tree maintenance contractor for the past two years and has an understanding of our operations, parks, and tree care needs. A records search has been completed with the Illinois Department of Labor (IDOL) and Dun & Bradstreet, Inc. with no violations found.
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RECOMMENDATION That the Board of Park Commissioners 1) awards the 2016 Tree Maintenance bid contract to Dawsons Tree Service, Inc. of Elmhurst, IL for an expense not to exceed $26,000 and 2) allows the extension of the agreement in 2017 at the same prices as 2016 pending the Park Board’s approval of the FY17 Budget and 3) authorizes the Executive Director to execute said contract. Thank you. Attachments: Bid Tally Sheet
2016 Tree Maintenance Bid Tally
TREE REMOVAl. STUMP GRIND NG STUMP HOLE RESTORATION AERIAl. PRUNING
COMPANY (Perlnch) (Per Inch) I (PorHole)
CO C R'S SUBSTANCE Prico per Day Prico porHour Pric:o porT roo C~~~~~ ABUSE' REFERENCES 1"-12" 13"-24" 25" + 1"·12" 13"·24" 25" + 1"-12" 13"-24" 25" + lor ~:& (2hi'. mln,samo lorCrown
**On April 5, 2016 staff called Kelly Kelly at Clean Cut tree service she was not in-- but spoke with Mike
Kelly (said he was the coordinator on the bid) . Verified that the stump hole restoration is per inch not
per hole.
1-12". $3 per inch
13-24" $4 per inch
25" and Larger $4 per inch
Agenda #10a (1)
E L M H U R S T P A R K D I S T R I C T
B O A R D O F P A R K C O M M I S S I O N E R S M E M O R A N D U M
DATE: April 13, 2016 TO: Board of Park Commissioners FROM: James W. Rogers, Executive Director RE: STORMWATER MANAGEMENT
ISSUE The stormwater subcommittee met with the City on Wednesday, March 24 in Council Chambers with public present to continue discussions concerning the City’s request to use park property for stormwater detention. DISCUSSION Five residents attended the meeting and one spoke during public comment. All five sites under consideration were discussed. As regards York Commons, the City noted that once the design of the valve was complete, we would be receiving the 95% plans (those plans were subsequently received on March 30 and are being reviewed by the Board’s subcommittee and by Greg Wolterstorff of V3). The City announced that they will hold an Open House on the project, as required by the intergovernmental agreement, on April 20 and the District will participate. In addition, the timeline for the project was discussed as it is apparent the work will not be able to be completed prior to Smalley Pool opening for the summer. The City is working on a proposed schedule for the project; the District made it clear that safety will be the utmost concern when considering the schedule as thousands of people utilize the park and pool during the summer. Golden Meadows was next on the agenda. However, as was noted at the Park Board’s March 23 meeting, the City Council approved the terms of the draft IGA on March 21 and the District received a copy of it the following day; as a result not much conversation took place. The Board’s subcommittee, staff and Andrew Paine of Tressler are now in the midst of reviewing the document. Highlights of the agreement are on the attached page and will be presented to the Board. Lastly, after much discussion City officials requested that the Park District reconfirm the status of the other three parks under consideration (East End, Crestview and Wild Meadows Trace). Whereas the Park District is not interested in considering the use of those sites without first considering further improvements to the parks that could also facilitate the construction of stormwater basins, the City is not interested in considering
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other options for those sites if they involve increased costs in order to preserve open space. As a reminder the following statement has been shared by District representatives more than once at prior meetings: “At this point in time, the Park Board is not interested in encumbering additional open space with detention basins to provide relief for approximately 11 remaining homes that would be impacted. However…the District believes that Park and City staff should discuss alternative ideas for three sites, similar to those the City has already utilized.” The next subcommittee meeting will be held Thursday, March 28, 2016 at 7:00 p.m. at City Hall. RECOMMENDATION That the Board of Park Commissioners review, discuss and provide feedback on the information provided. Thank you. Attached: Highlights of Proposed IGA – Golden Meadows Proposed IGA – Golden Meadows
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STORMWATER MANAGEMENT INTERGOVERNMENTAL AGREEMENT – GOLDEN MEADOWS IGA Highlights Paragraph 2: Stormwater Improvements City at its expense to design and construct stormwater improvements in the west
portion of Golden Meadows Park. Paragraph 3: IDNR Approval and Determination of Consideration to be Paid Within ten (10) days of approval of the IGA, the City and Park District shall jointly engage
the conversion process with IDNR to secure approval for the conversion Paragraph 3.i. Outlines appraisal process, 3 "Yellow Book" certified appraisers, one selected by the
City, one selected by the Park District and the third selected by the two selected appraisers.
Average of the three appraisals used to determine value, with highest and best use "being subject to IDNR regulation restrictions of passive, outdoor recreational use, with a valuation date of April 1, 2016 or another agreed upon date"
City has 60 days to determine whether or not to proceed after receipt of the 3 appraisal reports and determining appraised value
Paragraph 3.ii. If City accepts appraised value (average of 3 appraisal reports), within 7 days, the City
shall establish escrow for appraised value for Park District to acquire replacement property
When Park District enters into a bona fide real estate contract within one year, if required, the city will deposit additional funds up to one half the determined appraised market value for the Park District to acquire replacement property
If the cost of replacement property exceeds one and one-half times the determined appraised market value, the Park District bears the additional cost
Paragraph 3.iii. Within 30 days of IDNR approving the conversion, the Park District will convey fee
simple (west lobe) and easement interests (east lobe) to the City Paragraph 3.iv. If IDNR does not approve the conversion, the IGA is null and void and the escrowed
money is returned to the City Paragraph 3.v. If eminent domain is invoked to acquire replacement property, the Park District’s bears
all costs and responsibility to do so Paragraph 4: Easements City will receive an easement across the east lobe for a stormwater pipe. The City is
to maintain the storm sewer and the Park District to maintain land.
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Paragraph 5: Review of City’s Plans Review and comment on plans and specifications for the project at pre-determined
intervals No clause calling for mutual agreement on the final plans and specifications (not
needed because Park District will not own the property containing the stormwater improvement
Paragraph 6: Schedule of Construction Mutual cooperation in coordination of construction schedule Paragraph 8: Restoration Restoration of the east portion of the Park by the City Replacement of trees on a 1” for 1” basis, along with the Park District being able to
elect to receive replacement value for some of the trees, rather than having new tree stock installed (identical to York Commons IGA)
Paragraph 9: Environmental Investigation City has the right to conduct environmental testing within 30 days after signing the IGA If any environmental contamination is found, the City retains two options: the land can
be reappraised based on the newly discovered information to calculate a “revised determined fair market value,” or the City can cancel the agreement.
If the City cancels the agreement, the Park District has two options: the replacement land purchased can be conveyed to the City or the full amount of the escrow monies will be returned to the City
Paragraph 10: Maintenance and Repair of the Stormwater Improvements by the City City will maintain the improvements (underground drain lines) in the Park Paragraphs 11 and 12 Indemnification, hold harmless language and insurance requirements Paragraph 13: Termination Language allowing the City to terminate the IGA prior to the construction of any
improvements Language allowing the Park District to terminate the IGA if the City does not begin
construction within two (2) years.
CITY OF ELMURST - DRAFT 3-18-16
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INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF ELMHURST AND ELMHURST PARK DISTRICT FOR THE CONSTRUCTION, OPERATION AND
MAINTENANCE OF STORMWATER IMPROVEMENTS IN GOLDEN MEADOWS PARK, ELMHURST, DUPAGE COUNTY, ILLINOIS
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this ___
day of ____________, 2016, by and between City of Elmhurst, an Illinois municipal corporation (“City”), and Elmhurst Park District, an Illinois park district and unit of local government (“Park District”). City and Park District are hereinafter sometimes referred to individually as a “Party,” and collectively as the “Parties.”
RECITALS
WHEREAS, the City owns, operates, and maintains a storm sewer collection system,
including certain ancillary facilities and improvements, throughout its corporate boundaries; and WHEREAS, the City and its residents have experienced, and continue to experience,
severe flooding during heavy rain events; and WHEREAS, in or about April 2012, the City caused to be created the “City of Elmhurst
Comprehensive Flooding Plan Stormwater Sewer System Analysis Elmhurst Illinois” prepared by Christopher B. Burke Engineering, Ltd. (“Comprehensive Flooding Plan”); and
WHEREAS, the Comprehensive Flooding Plan recommended, in part, the use of certain
parks owned and operated by the Park District as possible stormwater detention sites, including the park located at south Caroline Avenue., Elmhurst, Illinois and commonly referred to as “Golden Meadows Park”; and
WHEREAS, the City is committed to accomplishing the goals set forth in the
Comprehensive Flooding Plan; and WHEREAS, following the creation of the Comprehensive Flooding Plan, the Park
District retained V3 Companies to perform a peer review of the Comprehensive Flooding Plan and to otherwise assist and advise the Park District with respect to the potential implementation of stormwater improvements in certain parks owned and operated by the Park District, including Golden Meadows Park; and
WHEREAS, based on reviews performed by the Parties and their respective engineers,
and consultation among the Parties and their respective engineers, the Parties reasonably believe that the construction, operation and maintenance of certain stormwater improvements in portions of Golden Meadows Park is expected to reduce the frequency and severity of flooding within the Parties’ respective corporate boundaries; and
WHEREAS, based on the foregoing, the Park District has determined that it is in the
public’s interest to convey fee simple title to the City in order to facilitate the construction, operation, and maintenance of certain stormwater improvements in the west portion of Golden
CITY OF ELMURST - DRAFT 3-18-16
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Meadows Park (“West Stormwater Detention Site”), and to grant certain easement rights to City in order to facilitate the construction operation, and maintenance of certain stormwater improvements in the east portion of Golden Meadows Park (“East Stormwater Detention Site”) (collectively, “Stormwater Detention Sites”); and
WHEREAS, the City, by virtue of its power as a home rule unit of government as
provided in Article VII, Section 6 of the 1970 Constitution of the State of Illinois, and Park District, by virtue of its powers set forth in Sections 8-1 and 8-11 of the Park District Code (70 ILCS 1205/8-1 and 8-11), are authorized to enter into this Agreement; and
WHEREAS, a cooperative intergovernmental agreement is appropriate and such an
agreement is authorized and encouraged by Article 7, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and
WHEREAS, the Parties wish to define and establish their respective rights,
responsibilities and obligations with respect to the construction, operation, and maintenance of the stormwater improvements installed in the Stormwater Detention Sites.
NOW, THEREFORE, in consideration of the premises and the mutual promises
contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the Parties, the Parties agree as follows:
1. Recitals Incorporated. The foregoing recitals are incorporated herein by reference
and made a part hereof as though fully set forth herein, the same constituting the factual basis for this Agreement.
2. Stormwater Improvements. The City shall, at its sole cost and expense, design and construct certain stormwater improvements in the Golden Meadows Park Stormwater West Detention Site (“West Stormwater Improvements”) and in the Golden Meadows Park East Detention Site (“East Stormwater Improvements”). (Collectively “Stormwater Improvements”). The Stormwater Improvements shall be based upon, and shall in all respects fully comply with, the Plans and Specifications, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. The Parties specifically acknowledge that the plans and specifications attached hereto as Exhibit A at the time of execution of this Agreement may be preliminary in nature. Accordingly, the Parties agree that the Plans and Specifications, once completed, shall be attached to this Agreement as Exhibit A and shall replace any preliminary plans and specifications attached hereto at the time of execution. The Parties, through their respective Executive Director and City Manager, shall execute an appropriate document confirming the attachment of the Plans and Specifications to this Agreement as being the final Plans and Specifications for purposes of this Agreement.
3. IDNR Approval and Determination of Consideration to Be Paid. The conversion
of Park District property for the construction of the Stormwater Improvements at Golden Meadows Park will require approval from the Illinois Department of Natural Resources (“IDNR”). Within ten (10) days of the execution of this Agreement, the City and the Park District shall jointly engage the conversion process with IDNR and work collaboratively to
CITY OF ELMURST - DRAFT 3-18-16
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secure IDNR approval for the conversion of portions of Golden Meadows Park for the Stormwater Detention Sites, and will otherwise cooperate fully with each other and take all additional actions which may be necessary or appropriate in order to consummate and make fully effective the objectives of this Agreement.
i. In the event that IDNR conversion approval as provided herein requires the Park
District to acquire replacement real property for the conversion of Stormwater Detention Sites obtained by the City under this Agreement, the Parties agree that for purposes of ascertaining the amount the City may pay to the Park District under this Agreement, the fair market value of the fee simple of the West Stormwater Detention Site shall be determined as follows: within thirty (30) days of the execution of this Agreement, the Parties shall select three (3) MAI designated real estate appraisers licensed and in good standing in the State of Illinois (Park District shall choose one such appraiser; the City shall choose one such appraiser; the two chosen appraisers shall choose the third appraiser), who shall each, at the City’s expense within sixty (60) days after all three appraisers are chosen, prepare “yellow book” appraisal reports of the West Stormwater Detention Site to render opinions as to fair market value considering the highest and best use of the property as being subject to IDNR regulation restrictions of passive, outdoor recreational use, with a valuation date of April 1, 2016, or some other specific valuation date as agreed upon by the Parties. The Parties agree that the average of the three (3) “yellow book” appraisal reports shall be used to determine the appraised fair market value of the West Stormwater Detention Site (the “determined appraised fair market value”) and/or the “revised appraised fair market value” pursuant to Paragraph 9(c) of this Agreement. Within sixty (60) days after all three (3) “yellow book” appraisal reports and/or any revised appraisal reports are provided to the City in final form, the City shall have the sole right to declare this Agreement null and void by providing the Park District with written notice as provided in this Agreement.
ii. In the event that the City accepts the determined appraised fair market value and/or the revised determined appraised fair market value of the West Stormwater Detention Site after being provided with all three (3) final and/or revised final form “yellow book” appraisal reports as provided herein, and subject to the terms provided in Section 9 of this Agreement relating to Environmental Investigation, the City agrees that within seven (7) days thereafter it shall deposit into a joint escrow account an amount of money equal to the determined appraised fair market value or the revised determined appraised fair market value. The parties agree that such joint escrow monies are held for the benefit of the Park District to use towards the Park District’s acquisition of replacement property following the IDNR conversion process related to the Stormwater Detention Sites. The parties agree that if the IDNR approves the conversion of the Stormwater Detention Sites, and the Park District subsequently enters into a bona fide real estate purchase agreement for the acquisition of replacement property for an amount up to one and one-half (1 ½) times the determined appraised fair market value or revised determined appraised fair market value within one (1) year after the time of the City’s escrow deposit as provided herein, the City shall deposit into the joint escrow an additional amount of money equal to the difference of the bona fide offer and the escrow deposit of determined
CITY OF ELMURST - DRAFT 3-18-16
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appraised market value or revised determined fair market value up to one-half (1/2) of the determined appraised market value or the revised determined fair market value. In the event that the City deposits into a joint escrow account a total amount of money equal to one and one-half (1 ½) times the determined appraised fair market value or the revised determined fair market value as provided herein, and in the event that the cost of the replacement property obtained by the Park District following the IDNR conversion process exceeds the amount deposited by the City, the Park District alone bears the additional cost of acquisition of the replacement property.
iii. Within thirty (30) days following the IDNR approval of the conversion of the Stormwater Detention Sites as provided in this Agreement or otherwise within 30 days following IDNR approval to the Park District to convey fee simple and/or easement interests to the City as provided in this Agreement, the Park District shall deliver to the City a deed for the conveyance of fee simple title to the West Stormwater Detention Site and shall also deliver to the City a temporary and permanent easement for the East Stormwater Detention Site as provided herein below.
iv. In the event that IDNR approval is not obtained for the conversion and/or conveyance to the City of the Stormwater Detention Sites as provided in this Agreement, this Agreement shall automatically become null and void upon receipt of IDNR’s written final decision denying the Park District’s request for conversion and/or conveyance to the City of the Stormwater Detention Sites, and the City’s monies deposited into the joint escrow as provided in this Agreement shall be returned to the City.
v. In the event that the acquisition of replacement property to satisfy the IDNR conversion requires the exercise of eminent domain, it shall be the responsibility of the Park District to do so.
4. Easements. To facilitate the construction, operation and maintenance of the Stormwater Improvements, the Park District shall grant to the City certain temporary construction easement rights and certain perpetual access and maintenance easement rights in and to the East Stormwater Detention Site to be used for stormwater management purposes. The temporary construction easement and perpetual access and maintenance agreement shall be in substantially the form attached hereto as Exhibit B and incorporated herein by reference, subject to such additional modifications as mutually agreed to by the Parties in writing.
5. Review of City’s Plans and Specifications. The City shall submit to the Park
District for review and comment the proposed plans and specifications for the Stormwater Improvements to be constructed by the City in the Stormwater Detention Sites pursuant to this Agreement. The City shall submit the plans and specifications, including but not limited any construction documents, at the following intervals: (i) sixty-five percent (65%) complete, including preliminary design; (ii) 95% complete; and (iii) final plans and specifications. The proposed plans and specifications shall be prepared in accordance with all applicable City ordinances, County of DuPage Ordinances, and State and Federal statutes, rules, and regulations. The City shall conduct at least one public informational meeting regarding the proposed plans and specifications, and shall attend and participate in such other public meetings reasonably requested by the Park District. The Park District shall have no liability for any errors, omissions, or other defects in the Plans and Specifications, and its review shall not constitute a limitation on
CITY OF ELMURST - DRAFT 3-18-16
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or waiver by Park District of its rights under this Agreement or a defense by the City to the exercise by Park District of its remedies for City’s breach of its obligations under this Agreement or as a basis for the City to avoid its indemnification obligations under this Agreement.
6. Schedule of Construction. The Parties shall reasonably cooperate in coordination
of the construction, operation and maintenance contemplated by this Agreement or any exhibits hereto, so as to minimize any adverse impact on Park District operations, including but not limited to Park District's use of the East Stormwater Detention Site. Prior to bidding any work to be done pursuant to this Agreement, the City shall submit a sample schedule to the Park District for such work for preliminary approval. The City shall notify the Park District at least thirty (30) days prior to commencement of construction, staging or site preparation for any construction, operation and maintenance contemplated by this Agreement or any exhibits attached hereto. The City shall also provide the Park District with a copy of the construction schedule for any construction, operation and maintenance contemplated by this Agreement or any exhibits attached hereto, as the same may be revised from time to time and otherwise give the Park District reasonable advance notice of any planned activities on or in the East Stormwater Detention Site that may affect the Park District's conduct of its normal activities or operations. Any construction schedule provided by the City under this paragraph shall be based upon prior consultation with the Park District, and shall be designed, to the greatest extent practicable, to minimize any adverse impact on Park District operations, including but not limited to Park District's use of the East Stormwater Detention Site.
7. Demolition of Facilities or Improvements. If it is necessary for the City to
demolish any Park District facilities or improvements in order to fully implement the Plans and Specifications, the City shall be responsible for the full cost of such demolition. The City shall give the Park District as much advance notice of such demolition or site preparation as practicable, but in no event less than seven (7) business days advance notice, to allow the Park District sufficient time to salvage or remove any facilities or improvements. Prior to the City’s commencement of any work to be done pursuant to this Agreement, the City shall videotape the condition of the site and perform a walkthrough of the site to establish the condition of the site before such work and/or demolition is performed.
8. Restoration of the Golden Meadow Park East Stormwater Detention Site.
A. Following the City’s completion of any Stormwater Improvements constructed in the East Stormwater Detention Site pursuant to this Agreement, the City shall, at its sole cost and expense shall, restore all affected portions of the East Stormwater Detention Site to the same or better condition as existed immediately prior to the commencement of any activity thereon by the City and as established by the preconstruction videotape walkthrough.
B. In the event that the City’s construction, operation, or maintenance of the
stormwater or recreational improvements requires the removal of any existing trees at the East Stormwater Detention Site, or in the event that any existing trees at the East Stormwater Detention Site die within a two year period after performance under this agreement as a result of the construction, operation, or maintenance of the stormwater or
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recreational improvements, the City shall be obligated, except as otherwise provided herein, at its sole cost and expense, to replace the affected “quality” tree or trees according to the following terms:
i. Trees are to be evaluated based upon diameter at breast height
(“DBH”). The DBH of multiple trees shall not be added together except in the case of multi-stem trees. Multi-stem trees shall have their trunks measured individually, and then an average of DBH of the trunks shall be used to get a single DBH size for evaluation purposes.
ii. No volunteer or scrub trees shall be evaluated for reimbursement unless agreed upon by the City and the Park District.
iii. The cost of removal shall not be deducted from the replacement values.
iv. Trees that are diseased, infested, or would otherwise be removed, shall not be evaluated for reimbursement (e.g., all Ash trees due to Emerald Ash Borers; American Elm currently diagnosed with Dutch Elm Disease; trees in a dead, dying, declining and/or severely damaged condition).
v. Replacement values for trees (number of trees and/or monetary values) shall be calculated using the measured DBH modified by the species rating located at the Illinois Arborist Association website (www.illinoisarborist.org) for Northern Illinois Tree Ratings. Base tree replacements shall be made on a “1 for 1” DBH replacement (once adjustments are made).
vi. Replacement values are calculated at $133/inch in DBH. Replacement trees must be at least two and one half (2.5) inches in diameter and six (6) feet above the ground.
vii. All replacement trees shall be of a variety selected by the Park District and shall be installed in a location determined by the Park District.
viii. The Park District may also elect, in its sole discretion, to forego tree replacement and instead receive cash replacement value for some or all of the replacement trees contemplated by this paragraph 8.C. Any cash replacement value received by the Park District shall be used for tree replacement in public park locations.
ix. Prior to the commencement of work pursuant to this Agreement or any addenda attached hereto, the Parties shall identify all dead, dying or invasive trees located at Golden Meadows Park East Stormwater
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Detention Site (easement) that should be removed, but, not subject to replacement under the terms provided herein.
x. The City shall warrant the condition of the replacement trees for a period of one year.
C. All restoration, repair and replacement shall be completed to the
reasonable satisfaction of Park District within thirty (30) days after the completion of the stormwater improvements or, if due to weather conditions or other circumstances which in the Park District's opinion would make any such restoration, repair and replacement inadvisable, then within such later time period as the Park District reasonably shall request. 9. Environmental Investigation and Remediation of Park District Property.
A. Within thirty (30) days after the approval and execution of this Agreement and the form temporary construction easement and perpetual access and maintenance agreement attached hereto as Exhibit B, the City may enter the Stormwater Detention Sites, upon prior written notice as provided below, to perform environmental testing at the City’s expense.
B. The City agrees to protect, indemnify, defend and hold the Park District,
and its elected and appointed officials, officers, employees, agents, and volunteers (individually and collectively, the “Park District’s Indemnitees”) harmless from and against any claim for liabilities, losses, costs, expenses (including reasonable attorneys’ fees), damages or injuries suffered or incurred by any of the Park District Indemnitees arising out of, resulting from, relating to or connected with: (i) any environmental investigation or assessment performed at the Stormwater Detention Sites by the City or any of City’s employees, agents, representatives, contractors and consultants, excluding, however, any claim for liabilities, losses, costs, expenses, damages or injuries for any diminution in market value of the Stormwater Detention Sites that may arise as a result of the discovery of environmental contamination by way of the City’s environmental investigation or assessment as provided in this Agreement, provided City or any of City’s employees, agents, representatives, contractors and consultants did not introduce or is not otherwise responsible for any environmental contamination discovered; and/or (ii) the willful misconduct of, or other acts or omissions of, the City or its employees, agents, representatives, contractors and consultants at the Stormwater Detention Sites.
C. In the event the City’s environmental testing discloses environmental
contamination or hazardous materials in the Stormwater Detention Sites, the City will, in its sole discretion, request that the three appraisers chosen pursuant to Paragraph 3(i) of this Agreement reappraise the West Stormwater Detention Site in light of the existence of such environmental contamination or hazardous materials for purposes of arriving at a revised determined appraised fair market value (the “revised determined fair market value”) for the West Stormwater Detention Site following the process contained in Paragraph 3(i) through (v), or alternatively, the City may, in its sole discretion, declare
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within sixty (60) days after the completion of the final report regarding such environmental testing that it will not proceed with the construction of the Stormwater Improvements, and may declare this Agreement, including any exhibits attached hereto, null and void by sending the Park District the appropriate notice as provided herein. In such an event where the City choses to declare the Agreement null and void, the City agrees to reconvey the fee simple interests in the West Stormwater Detention Site back to the Park District, and reconvey the easement interests in the East Stormwater Detention Site back to the Park District, and the Park District agrees to either: (i) convey to the City the fee simple title of the replacement property obtained by the Park District pursuant to this Agreement, or (ii) return to the City the full amount of escrow monies deposited by the City as provided in this Agreement. As an alternative to the City’s right to declare this Agreement null and void as provided under this section, the City may elect to renegotiate with the Park District the amount of money the City will deposit into a joint escrow for use by the Park District to acquire replacement property under the terms contained in Section 3 of this Agreement. If the City and the Park District are unable to agree to a renegotiated amount of money within thirty (30) days or within some other period mutually agreed period of time for renegotiations, this Agreement shall be null and void.
D. If the City elects to proceed with the construction of the Stormwater
Improvements after discovering environmental contamination or hazardous materials in the Stormwater Detention Sites, the City shall: (i) notify the Park District of its decision to proceed; and (ii) prepare for the Park District’s review and comment, at the City’s sole cost and expense, an Environmental Remediation Plan (“ERP”) setting forth the City’s plan to handle, dispose of, and otherwise remediate the environmental contamination and hazardous materials pursuant to State and Federal law.
E. The Park District’s review of and comment on the ERP is to confirm
compliance with State and Federal laws and the terms of this Agreement. Following the Park District’s review of and comment on the ERP, the City and the Park District shall work cooperatively to address the Park District’s comments regarding the ERP to confirm compliance with State and Federal laws and the terms of this Agreement. The City and the Park District must agree to the ERP, and such agreement shall not be unreasonably withheld. Once the ERP is agreed upon by the Parties, the Park District shall fully cooperate with the City’s implementation of the approved ERP with regard to any such remediation. This includes, but is not limited to, execution of any documents regarding environmental remediation Stormwater Detention Sites. The City agrees that it shall undertake the performance of the ERP, and any and all necessary remediation set forth therein, at its sole cost and expense. 10. Maintenance and Repair of the Stormwater Improvements. The City shall
maintain the stormwater improvements located in the East Stormwater Detention Site in such a manner so as to ensure that such stormwater improvements remain in good working order and repair at all times, and will further ensure that the stormwater improvements comply at all times with applicable federal, state and local law, including the ordinances and regulations of the
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County of DuPage and the City of Elmhurst. In the event that the Park District determines that the City is not in compliance with the terms of this paragraph in relation to the East Stormwater Detention Site, the Park District shall provide the City written notice of said noncompliance. Upon receipt of said notice, the City shall have thirty (30) days to commence the necessary measures to cure said noncompliance. Notwithstanding the above thirty (30) day cure period, the City shall take immediate action to cure said noncompliance in the case of an emergency likely to cause immediate harm, damage or danger to surrounding property or to the public or private health, safety or welfare. In the event that the City fails to commence the necessary measures to cure said noncompliance at the expiration of the periods set forth herein, or otherwise exhibits an unwillingness to cure said non-compliance, the Park District shall have the right, but not the obligation, to take all steps necessary to bring the stormwater improvements located on the East Stormwater Detention Site into good working order and repair and to ensure compliance with all applicable federal, state and local laws, including the ordinances and regulations of the County of DuPage and the City of Elmhurst, and the City shall be responsible for all reasonable costs and expenses incurred by the Park District in connection with same, including reasonable attorneys' fees. Except for emergency situations or unless otherwise agreed upon by the Parties, the City shall provide not less than thirty (30) days advance written notice before beginning any work or maintenance on the stormwater improvements located in the East Stormwater Detention Site. In the event of an emergency, and if prior notice is not possible, the City shall provide notice to the Park District at the earliest reasonable opportunity.
11. Indemnification and Hold Harmless. To the fullest extent permitted by law, the
City agrees to indemnify, defend, save and hold harmless the Park District’s Indemnitees from and against any and all liabilities, claims, losses, and/or demands for personal injury and/or property damage, including reasonable attorneys’ fees, arising out of or caused by any act or omission of the City, any of its contractors or subcontractors, anyone directly or indirectly employed or engaged by any of them, or anyone for whose acts any of them may be liable, arising out of or in connection with any work or activity performed pursuant to this Agreement, the grants of easement contemplated by this Agreement, any work or activity performed on or in the Golden Meadows Park East Stormwater Detention Site (easement) which relates to or involves the stormwater improvements constructed and installed by the City, and/or any work or activity performed in connection with the City’s construction, operation, or maintenance of the stormwater improvements. (The items in the preceding sentence for which indemnification is required are hereinafter referred to as “Claims”). Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. The City shall similarly protect, indemnify and hold and save harmless Park District’s Indemnitees from and against any and all claims, costs, causes, actions and expenses including but not limited to court and administrative costs, reasonable attorneys and paralegal fees (collectively, “Legal Fees”) incurred by reason of the City’s failure to fully perform any of its obligations under, and/or City’s breach or default of or under, any provision of this Agreement. It is expressly acknowledged and agreed by the City that it is City’s intention that the obligations of the City contained in this paragraph with respect to Claims shall be broadly construed and applied in favor of Park District’s Indemnitees, excluding indemnification of Park District’s Indemnitees for their negligent, willful and/or intentional misconduct. It is further agreed by the City that
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failure of the City to indemnify, defend and hold harmless Park District’s Indemnitees as provided in this paragraph shall constitute a breach of a material term of this Agreement.
12. Insurance. At all times while this Agreement remains in effect, each party shall
procure adequate insurance and/or self-insurance to protect itself, its officers, employees and agents from any liability for bodily injury, death and/or property damage in connections with the stormwater improvements constructed pursuant to this Agreement or any exhibits attached hereto.
13. Termination.
A. The City may, in its sole discretion and prior to the construction of any Stormwater Improvements, declare this Agreement, including any exhibits attached hereto, null and void by sending the Park District the appropriate notice pursuant to the paragraph below.
B. The Park District may, in its sole discretion, declare this Agreement,
including any exhibits attached hereto, null and void by sending the City the appropriate notice pursuant to the paragraph below in the event the City does not enter into an agreement for the construction of the East Stormwater Improvements contemplated by this Agreement or by any exhibits attached hereto within two (2) years from the execution date of this Agreement. 14. No Waiver. No waiver of any rights which Park District has in the event of any
default or breach by City under this Agreement shall be implied from the failure by Park District to take any action on account of such breach or default, and no express waiver shall affect any breach or default other than the breach or default specified in the express waiver and then only for the time and to the extent therein stated.
15. Entire Agreement. This instrument contains the entire agreement between the
Parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect, and any modifications to this Agreement must be in writing and must be signed by all Parties to this Agreement.
16. Severability. Invalidation by judgment or court order of any one or more of the
covenants or restrictions contained herein shall in no way affect any other provisions which shall remain in full force and effect.
17. Law Governing. The laws of the State of Illinois shall govern the terms of this
Agreement both as to interpretation and performance. 18. Captions and Paragraph Headings. Captions and paragraph headings are for
convenience only and are not a part of this Agreement and shall not be used in construing it.
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19. Notices. All notices provided for herein shall be served upon the Parties by personal delivery, email, fax or Certified United States mail, return receipt requested, at the following locations, or at such other location or locations as the Parties may from time to time designate in writing:
Notice to Park District: Executive Director Elmhurst Park District 375 W. 1st Street Elmhurst, IL 60126
Notice to City: City Manager City of Elmhurst 209 N. York St. Elmhurst, IL 60126
Notices shall be deemed given when received by the Party to whom it was sent.
20. No Waiver of Tort Immunity. Nothing contained in this Agreement is intended to constitute nor shall constitute a waiver of the rights, defenses, and immunities provided or available to either Party under the Illinois Local Governmental and Governmental Employees Tort Immunity Act with respect to claims by third parties.
21. No Third Party Beneficiaries. This Agreement is entered into solely for the benefit of
the Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity who is not a party to this Agreement, or to acknowledge, establish, or impose any legal duty to any third party.
22. Compliance with Laws. The Parties shall comply with all applicable federal, state,
county, and local statutes, ordinances, rules, regulations, and codes. 23. Counterparts. This Agreement may be executed in counterparts that, taken together,
will be effective as if they were a single document. Signatures transmitted by a .pdf file or facsimile shall be treated as originals.
24. Prevailing Party. The prevailing party in any suit or action to enforce the provisions
of this Agreement shall be entitled to recover his or her costs in enforcing this Agreement, including reasonable attorneys’ fees.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written. ELMHURST PARK DISTRICT _________________________________ President, Board of Park Commissioners ATTEST: _________________________________
CITY OF ELMHURST ______________________________ Mayor ATTEST: ___________________________
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Secretary, Board of Park Commissioners City Clerk
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EXHIBIT A
Plans and Specifications
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EXHIBIT B
Form Temporary Construction Easement and Perpetual Access and Maintenance Easement Agreement
Agenda #10b (1)
E L M H U R S T P A R K D I S T R I C T
B O A R D O F P A R K C O M M I S S I O N E R S M E M O R A N D U M
DATE: April 13, 2016 TO: Board of Park Commissioners FROM: James W. Rogers, Executive Director Angela Ferrentino, Director of Parks & Facilities Daniel Payne, Division Manager – Parks RE: MOWER REPLACEMENT ISSUE In an on-going effort to maintain the highest quality and safest fleet for the Park District, staff recommends the replacement of equipment that have reached the end of their useful life. The replacement of the mowers meets the Board’s Strategic Plan Theme of Fiscal Agility, Objective B: Take Care of What We Have and Objective C: Invest in the Future. DISCUSSION Two of the District’s oldest 72 inch detail mowers are scheduled for replacement. These mowers are 6 and 7 years old and run daily during the mowing season. One of the machines was converted into a snow broom for winter operations, while the other was placed on the disposal ordinance and sold at auction. Additionally, the mower replacement will begin to streamline the variety of brands of mowers utilized by the District from six different brands to four and then down to two in future years. Funds for this purchase in the amount of $20,000 have been budgeted in the FY16 Capital Improvement Fund. In order to obtain better pricing, staff recommends utilizing the State of Illinois Joint Purchasing Contract for the procurement of the mowers. The State of Illinois Joint Purchasing Contract prepares bids, conducts a competitive sealed bidding process, and awards contracts. The Joint Purchasing Contract is open to all governmental units. A copy of the contract is included with this memo. The District has utilized the State of Illinois Joint Purchasing Contract for equipment replacement in 2003 and 2008. Although invoicing for the purchase is done through the distributor MTI in Minnesota, Reinders of Franklin Park, IL handles the ordering, delivery, and training associated with the new mowers. Reinders is a quality vendor with whom the District has a history of equipment, parts, and material purchases.
2
MTI Distributing, Inc. Brooklyn Center, MN:
Two (2) current model year Toro 6000 Series Z Master Mowers
$ 20,090.42 (State Bid)
RECOMMENDATION That the Board of Park Commissioners approves the purchase of two (2) current model year Toro 6000 Series Z mowers as listed on the attached quote through the State of Illinois Joint Purchasing Contract for a total cost of $20,090.42. Thank you. Attachments: State Contract Reinders Quote
Acct #: 359942-1 Elmhurst Park District 985 S. Riverside Drive Elmhurst, IL 60126
Attn: Dan Payne
2 74928 Toro 6000 Series Z Master 72 inch Gas with 26.5 HP Kohler EFI
2 117-0354 Z Stand Kit 2 117-3600 OCDC Kit 2 115-7469 Recycler Kit 2 115-7480 Striping Kit
Whitey Anderson, SCPS Territory Manager .3816 Carnation St. Franklin Park, Illinois 60131 Cell (630) 251-4832 Fax (847) 678-5511 wanderson@reinders. com
B O A R D O F P A R K C O M M I S S I O N E R S M E M O R A N D U M
DATE: April 13, 2016 TO: Board of Park Commissioners FROM: Vince Spaeth, Park Board Vice President Human Resource Committee RE: CONTRACT AMENDMENT FOR EXECUTIVE DIRECTOR J. ROGERS
ISSUE The Park Board has completed its annual job performance evaluation of Executive Director Rogers and discussed his contract and compensation with him on March 23, 2016 in closed session pursuant to 5ILCS 120/2(c)(1) for the “appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body.” DISCUSSION During closed sessions held in late 2015 and the first quarter of 2016, the Park Board evaluated the performance of Executive Director Rogers and discussed the terms of his current contract including his annual compensation. On March 23, 2016, the Board discussed the issue in closed session with and without Rogers present and reached consensus to adjust Rogers’ contract as noted below. The Board’s consensus was then announced in open session prior to adjournment of the meeting. All terms of the proposed contract amendment were reviewed by the District’s attorney, and the relevant information was posted on the District’s website on March 25, 2016 in accordance with the Open Meetings Act, which requires the District to post the total compensation package of each employee that is equal to or in excess of $150,000 at least six days prior to final approval of such package. RECOMMENDATION That the Board of Park Commissioners amend Executive Director Rogers’ contract effective May 1, 2016 as follows: 1) increase his annual compensation to $168,300 and 2) award a one-time bonus of $7,800. Thank you. Attachment: Fifth Amendment to Rogers’ Employment Agreement
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
The ELMHURST PARK DISTRICT, DuPage and Cook Counties, Illinois (“District”) and JAMES W. ROGERS (“Rogers”) hereby agree to amend that certain Employment Agreement, dated as of April 11, 2011, as follows: 1. Paragraph 2 of the Employment Agreement is amended to provide as follows:
For his services as Executive Director, commencing on May 1, 2016 the District shall pay Rogers a salary at the rate of $6,473.07 bi‐weekly, which is the equivalent of a base salary at the rate of $168,300.00 annually, subject to review and revision on an annual basis as determined appropriate in its sole discretion by the District’s Board of Park Commissioners. The District shall also pay Rogers a one‐time bonus of $7,800 upon execution by both Parties of this Fifth Amendment.
2. The foregoing amendments shall be deemed effective as of May 1, 2016. Any provision of the Employment Agreement not modified by this Fifth Amendment shall remain in full force and effect. IN WITNESS WHEREOF, and intending to be legally bound, the Parties have executed this Fifth
Amendment to Employment Agreement as of April 13, 2016. ELMURST PARK DISTRICT By: ________________________________ ____________________________ President, Board of Park Commissioners JAMES W. ROGERS ATTEST: _____________________________________ Vice President, Board of Park Commissioners
Agenda #11b
FUTURE AGENDA Revised 04/13/16
New Indoor Sports and Aquatics Facilities (03/26/14) – Discussed: 05/13/15, 08/26/15, 11/04/15, 03/23/16 New/Expanded Facilities (02/10/16) New Indoor Facility Senior Center (12/16/15) Wagner Community Center expansion
Land-Cash Donation Ordinance (04/09/14) Sugar Creek Golf Course Debt (requested 04/23/14 and 08/12/15) Future Direction of Park/City/School Committee (09/24/14) York Street Prairie Path Potential Crossing Changes (09/24/14) Discussion of eGovernance technology for board documents (06/10/15) – Discussed: 07/22/15 Smoke-free Environment in District parks and facilities (12/16/15)