FOX VALLEY PARK DISTRICT BOARD OF TRUSTEES Serving the Fox Valley Park District Kane, DuPage, Kendall and Will Counties, Illinois OPEN SESSION MEETING AGENDA December 14, 2015 Prisco Community Center 150 W. Illinois Avenue, Aurora 6:00 p.m. 1.0 CALL MEETING TO ORDER President Vaughan 2.0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE President Vaughan 3.0 ROLL CALL President Vaughan 4.0 ADDENDA TO THE AGENDA President Vaughan 5.0 CONSENT AGENDA President Vaughan 5.1 Approve the Open Session meeting minutes of 11/09/15. 5.2 Approve payables 11/30/15 in the amount of $1,301,400.41. 5.3 Approve statement of estimated revenues and expenses for period ending 10/31/15. 5.4 Approve Executive Director, Department Heads and other reports. 5.5 Capital projects permitting fees and charges, cost summaries and project bid schedule report. 5.6 Approve 2016 Board of Trustees meeting dates. 5.7 Approve appointment of Jim Pilmer as Fox Valley Park District delegate and Bob Vaughan as alternate at the Annual Business Meeting of the Illinois Association of Park Districts 6.0 PRESENTATIONS AND SPECIAL RECOGNITION President Vaughan 6.1 Special recognition award for FVPD officers who saved a life. Mark Johnson 7.0 PUBLIC COMMENT - For matters not on the agenda. President Vaughan (Limited to one-3 minute comment per person; maximum 15 minutes). 8.0 ATTORNEY BUSINESS Attorney Hodge 1
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FOX VALLEY PARK DISTRICT BOARD OF TRUSTEES ......FOX VALLEY PARK DISTRICT BOARD OF TRUSTEES OPEN SESSION MEETING MINUTES November 9, 2015 Prisco Community Center 150 W. Illinois Avenue,
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FOX VALLEY PARK DISTRICT BOARD OF TRUSTEES
Serving the Fox Valley Park District Kane, DuPage, Kendall and Will Counties, Illinois
OPEN SESSION MEETING AGENDA December 14, 2015
Prisco Community Center 150 W. Illinois Avenue, Aurora
6:00 p.m.
1.0 CALL MEETING TO ORDER President Vaughan
2.0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE President Vaughan
3.0 ROLL CALL President Vaughan
4.0 ADDENDA TO THE AGENDA President Vaughan
5.0 CONSENT AGENDA President Vaughan
5.1 Approve the Open Session meeting minutes of 11/09/15.
5.2 Approve payables 11/30/15 in the amount of $1,301,400.41.
5.3 Approve statement of estimated revenues and expenses for period ending 10/31/15.
5.4 Approve Executive Director, Department Heads and other reports.
5.5 Capital projects permitting fees and charges, cost summaries and project bid schedule report.
5.6 Approve 2016 Board of Trustees meeting dates.
5.7 Approve appointment of Jim Pilmer as Fox Valley Park District delegate and Bob Vaughan as
alternate at the Annual Business Meeting of the Illinois Association of Park Districts
6.0 PRESENTATIONS AND SPECIAL RECOGNITION President Vaughan 6.1 Special recognition award for FVPD officers who saved a life. Mark Johnson
7.0 PUBLIC COMMENT - For matters not on the agenda. President Vaughan
(Limited to one-3 minute comment per person; maximum 15 minutes).
8.0 ATTORNEY BUSINESS Attorney Hodge
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9.0 EXECUTIVE DIRECTOR BUSINESS Director Pilmer 9.1 Fox Valley Park Foundation Memorial Program
• December 16, 10a.m. – 1 p.m. • Full-time and part-time IMRF staff
10.0 CONTINUED BUSINESS
11.0 NEW BUSINESS
11.1 Approve Ordinance #15-466 to change the current fiscal year of May 1 Diana Erickson
through April 30 to January 1 through December 31 beginning 2017.
11.2 Approve 2015 Tax Levy Ordinance No. 15-467 in the amount of $22,063,996. Diana Erickson
11.3 Approval to enter into a contract with the Old Second National Bank for Diana Erickson merchant card services.
11.4 Approve the purchase of fitness equipment from bids received for Vaughan Diana Erickson Athletic Center in the total amount of $101,884 less approximate trade in value for a net of $87,240.
11.5 Approve Jeff Ellis Management contracts as presented. Jaime Ijams
12.0 CLOSED SESSION President Vaughan 12.1 Approval to convene into Closed Session of the Fox Valley Park District Board of Trustees to consider
one or more of the following subjects under the Open Meetings Act, Section 2 (c): (1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity; (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired; (6) The setting of a price for sale or lease of property owned by the public body; (11) Pending, or probable and imminent, litigation when an action against, affecting or on behalf of the district has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting; (21) The discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. (GENERAL PROVISIONS (5 ILCS 120/) Open Meetings Act).
13.0 RETURN TO OPEN SESSION President Vaughan 13.1 Approve Closed Session Minutes from 11/09/15.
14.0 ADJOURNMENT President Vaughan
The Fox Valley Park District is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact Interim ADA Coordinator, Mr. Jeff Palmquist (630-897-0516) promptly to allow the District to make reasonable accommodations. 2
FOX VALLEY PARK DISTRICT BOARD OF TRUSTEES
OPEN SESSION MEETING MINUTES November 9, 2015
Prisco Community Center 150 W. Illinois Avenue, Aurora
6:00 p.m.
1.0 CALL MEETING TO ORDER
President Vaughan called the meeting to order at 6:00 p.m.
2.0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
3.0 ROLL CALL The following members of the Board of Trustees were present: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins. A quorum was present. Also present: Executive Director Jim Pilmer, Attorney Gerald Hodge, administrative staff and guests.
4.0 ADDENDA TO THE AGENDA – None presented.
5.0 CONSENT AGENDA Rachel Ossyra motioned, Alex Alexandrou seconded and the board unanimously approved the consent agenda items. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried. 5.1 Approve the following meeting minutes:
• Open session special meeting of 09/02/15 • Open session meeting of 10/19/15
5.2 Approve payables 10/31/15 in the amount of $9,218,603.89.
5.3 Approve statement of estimated revenues and expenses for period ending 09/30/15.
5.4 Approve Department Heads and other reports.
5.5 Capital projects permitting fees and charges, cost summaries and project bid schedule report.
5.6 Resolution to approve appointment and employment agreement of Jim Pilmer as Executive
Director of the Fox Valley Park District.
5.7 Accept 6-month update of the 2015-18 Strategic Plan.
5.8 Approve the bids to purchase strength fitness equipment for the Eola Community Center from Life Fitness in the amount of $22,394 and Direct Fitness Solutions in the amount of $46,990. The combined total purchase amount is $69,384.
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6.0 PRESENTATIONS AND SPECIAL RECOGNITION 6.1 Veteran’s Day Proclamation
Director Pilmer recognized all those who serve our country in the Armed Forces. He told the Board and those in attendance of the Veteran’s Day Luncheon being held at the Prisco Community Center on November 10, with guest speaker Connie Payton. President Vaughan proclaimed November as Veterans Recognition Month in honor of the sacrifices made by those who serve in our Armed Forces. During the month of November, veterans and their families may enjoy Eola Fitness Center, Prisco Community Center and Vaughan Athletic Center for free admission. He also gave special recognition to veteran and past board member Bill Thompson, who was in attendance.
7.0 PUBLIC COMMENT – None presented.
8.0 ATTORNEY BUSINESS – None presented.
9.0 EXECUTIVE DIRECTOR BUSINESS 9.1 Trustee Rachel Ossyra voted Rotarian of the Year by the Rotary Club of Naperville for her medical
mission work in Nigeria. President Vaughan recognized Rachel Ossyra for her medical mission work in Nigeria and the board’s good fortune of having her serve as trustee.
10.0 CONTINUED BUSINESS – None presented.
11.0 NEW BUSINESS
Director Pilmer recognized Diana Erickson as Director of Finance and Administration. Diana preceded Speer Financial’s presentation by saying Speer determined the Fox Valley Park District had the following strengths: 1) Participation in the Chicago metropolitan area’s deep and diverse regional economy; 2) Strong median household effective income levels and adequate per capita market values; 3) Stable financial operations; and 4) Very strong general fund reserves. She said the district’s bond rating stayed at AA+. 11.1 Ordinance #463 providing for the issue of approximately $3,420,000 General Obligation Limited
Tax Park Bonds, Series 2015A, for the payment of land for parks, for the building, maintaining, improving and protecting of the same and the existing land and facilities of the Park District and for the payment of the expenses incident thereto, providing for the levy of a direct annual tax to pay the principal and interest on said bonds, and authorizing the sale of said bonds to the purchaser thereof. Dave Phillips of Speer Financial, Inc. said the AA+ rating is a reaffirmation of policy choices that were made by the park district. He said there were a total of 15 bids submitted by five bidders. His recommendation to the district is to accept the low bid by RBC Capital Markets. Alex Alexandrou motioned, Theodia Gillespie seconded and the board unanimously approved Ordinance #463 providing for the issue of approximately $3,420,000 General Obligation Limited Tax Park Bonds, Series 2015A, for the payment of land for parks, for the building, maintaining, improving and protecting of the same and the existing land and facilities of the Park District and for the payment of the expenses incident thereto, providing for the levy of a direct annual tax to pay the principal and interest on said bonds, and authorizing the sale of said bonds to the purchaser thereof. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
11.2 Ordinance #464 providing for the issue of approximately $26,140,000 General Obligation Refunding Park Bonds, Series 2015B, for the purpose of refunding certain outstanding bonds of the Park District, providing for the levy of a direct annual tax sufficient to pay the principal and interest on said bonds, and authorizing the sale of said bonds to the purchaser thereof. Anthony Miceli of Speer Financial, Inc. said there were a total of 26 bids submitted by six bidders. He said the best bid was from Citigroup Global Markets, Inc. and recommended the district accept that bid. He added the district would save approximately $3 million from this sale.
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Alex Alexandrou motioned, Denny Wiggins seconded and the board unanimously approved Ordinance #464 providing for the issue of approximately $26,140,000 General Obligation Refunding Park Bonds, Series 2015B, for the purpose of refunding certain outstanding bonds of the Park District, providing for the levy of a direct annual tax sufficient to pay the principal and interest on said bonds, and authorizing the sale of said bonds to the purchaser thereof. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
11.3 Ordinance #465 authorizing and directing the execution of an Escrow Agreement in connection with
the issue of approximately $26,140,000 General Obligation Refunding Park Bonds, Series 2015B. Director Pilmer noted that Anthony Miceli is a member of the Fox Valley Park District. He thanked Mr. Phillips and Mr. Miceli personally for their hard work in saving the district $3 million. Alex Alexandrou motioned, Cynthia Penne seconded and the board unanimously approved Ordinance #465 authorizing and directing the execution of an Escrow Agreement in connection with the issue of approximately $26,140,000 General Obligation Refunding Park Bonds, Series 2015B. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
11.4 Approve the Eola Community Center interior stair railing replacement bid from ATP Enterprise
Group, Inc., Northfield, Illinois, in the amount of $24,000.00. Mike Erickson addressed the board and told them as part of improvements to the Eola Community Center, the railing leading from the first floor lobby to the second floor exercise area was identified as needing replacement. The current railing is made from painted steel and because of the high volume of patrons using the stairway, there is much wear requiring painting and repainting; the upkeep is becoming cost prohibitive. Due to this, replacement of the railing with a more maintenance free option is recommended. A stainless steel railing with glass panels was recommended by Kluber Architects, which is more cost effective than a stainless steel only railing. Eight contractors received project manuals. The district received one bid from ATP Enterprise Group. Mike said he contacted some of the companies who received the project manuals, most of whom said they did not have time to prepare their bids. Cynthia Penne said she felt the replacement of the railings is a good idea not only because of aesthetics but cleanliness as well. Rachel Ossyra motioned, Cynthia Penne seconded and the board unanimously approved the Eola Community Center interior stair railing replacement bid from ATP Enterprise Group, Inc., Northfield, Illinois, in the amount of $24,000.00. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
12.0 CORRESPONDENCE AND ANNOUNCEMENTS President Vaughan thanked Jeff Long for the great press release regarding the appointment of Jim Pilmer as the new executive director of the Fox Valley Park District. He said it is not often that media outlets will use a press release word for word in their news stories. 1. Marilyn Weisner, Executive Director, Aurora Area Interfaith Food Pantry
Thank you for your participation in “Hunger Action Month.” 2. Michael W. Cobb, Executive Director, Hesed House
Thank you for your Gift-In-Kind Sponsorship. 3. Bill Thompson
Thank you for remembering our veterans. 4. Quad County Urban League
Thank you for supporting our 2015 Annual Equality Gala.
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5. Fox Valley Park District in the News Various recent news article(s) concerning the District.
13.0 CLOSED SESSION
Alex Alexandrou motioned, Cynthia Penne seconded and the board unanimously approved concluding the open session at 6:25 p.m. and moving into closed session for the reasons stated on the agenda. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
14.0 RETURN TO OPEN SESSION 14.1 Approve Closed Session Minutes from:
• September 2, 2015 • September 21, 2015 • October 5, 2015 • October 6, 2015
Rachel Ossyra motioned, Denny Wiggins seconded and the board unanimously approved Closed Session Minutes from September 2, 2015; September 21, 2015; October 5, 2015; and October 6, 2015. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
15.0 ADJOURNMENT Rachel Ossyra motioned, Cynthia Penne seconded, and the board unanimously approved by voice vote to adjourn at 7:15 p.m.
10 Corporate 30 Capital Development Fund11 Liability Insurance 31 Land Cash Fund15 Orchard Valley Golf Course 33 2005C-D GO Bonds/Capital18 2008 Referendum 34 Equip & Vehicle Replacement19 Golf Course Sales Proceeds - Cap 35 Land Acquisition Fund20 Recreation 36 2006 GO Bonds21 Museum 37 2007 GO Bonds/Capital22 Police and Security 38 2008 GO Bonds/Capital25 Fox Valley Special Recreation 39 2010 GO Bonds/Capital26 Illinois Municipal Retirement 40 Debt Service27 Social Security 60 Employee Benefit Trust Fund
70 Foundation
LIST OF BILLS
PRESENTED FOR APPROVAL
NOVEMBER 2015
28 Audit29 Facility Improvement/Replacement Fund
ON
December 14, 2015
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Fox Valley Park District List of Bills
Month Ending November 30, 2015
A.G.A.D. PEST CONTROL INC. 20600001 53990 100.00 G/L: Invoice # OCT PEST CONTROL - PRISCO 99616
Page 53 of 53 Fox Valley Park District - List of Bills - As of November 30, 2015
FINANCE AND ADMINISTRATION DATE: December 14, 2015 TO: Jim Pilmer, Executive Director FROM: Diana Erickson, Director of Finance and Administration SUBJECT: Purchases between $10,000 and $20,000 and cumulative for November 2015 The following items between $10,000 and $20,000 were purchased utilizing the board purchasing policy approved in March 2015: Description Vendor Amount Quarterly charges for five year copier Gordon Flesch, Inc. $10,839 machine lease including printing charges Bond counsel legal services associated Chapman/Cutler $12,760 with the 2010 Bond audit Two bids received for concrete work Don Bohr & Sons $13,540 on storage bin at Cole Center Three bids received for repair of septic Wilkinson Excavating $10,490 system at Red Oak Nature Center Three bids received for outfield Classic Fence $13,880 fencing at Stuart Sports Complex Delivery of activity guide Door to Door Direct $10,800 Three bids received for audio and Media Source Inc. $10,586 visual maintenance and repairs for performing arts equipment
The following vendors have a cumulative total over $10,000 for various work and sites (board approved bids, agreements and utilities are not included): Description Vendor Amount Electrical work Cipher, LTD $25,949 Aquatics management Jeff Ellis, LLC $20,756 additional rentals & swim lessons Various electrical, plumbing R.J. O’Neil, Inc. $16,571 and HVAC Parks mowers and Reinders, Inc. $46,981 equipment parts
Fox Valley Park District Financial Statement Summary Narrative
October 2015
Fund 100 - Corporate Fund For the month of October, the Corporate Fund received $136,145 in Property Taxes, $108,011 in Replacement Taxes, $2,571 in investment income and $9,073 in Rental Income. Expenses for the month include $6,272 for parks equipment maintenance, $7,073 for turf maintenance contracts, $21,963 for contracted natural area management, $6,000 for tree and brush removal and $10,099 for gasoline. Year-to-date non-tax revenues are 4% favorable to last year at this time and expenses are 8.9% unfavorable to last year at this time and in line with the budget. Fund 101 - Liability Fund During October, the Liability Fund received $7,652 in Property Taxes. No expenses were recorded for the month. Fund 105 - Orchard Valley Golf Course Since 2010, the Billy Casper Golf Management Company (BCG) took over the management of the Orchard Valley Golf Course and Restaurant. We will not be recording their monthly financial information on our computer system, except for the capital improvements and licenses agreement fees and other revenues as outlined in the agreement. No significant revenues or expenditures were recorded for the month. Fund 107 - Aquatics The outdoor pools have been closed for the season since September. No significant revenues are received until we open in June. The only major expense for October includes $10,931 for water charges at Phillips Park. Fund 108 – 2008A Referendum G.O. Bonds This fund tracks capital projects that are funded from our 2008 Referendum. For the month of October this fund expenses include $12,790 for the parking lot renovation at the Boxing Club. Fund 109 – Fox Bend Golf Course Proceeds During the month of October this fund received $632 in investment income. No expenses were recorded for the month. The April 30, 2015 fund balance is $1,116,764. Based on October year-to-date financial activity, the available balance for future projects is $1,118,571. Fund 200 - Recreation Fund For the month of October, the Recreation Fund had Fees and Memberships of $329,398 and Program Revenues of $190,307. Last October, revenues for these categories were $315,157 and $217,800, respectively. Other October revenues include $75,291 in Property Taxes, $69,006 in Rental Income, $5,380 in VAC Café sales, $7,357 in Tennis Pro Shop Sales and $5,182 in investment income. Expenses during October include $6,445 for water charges at Eola and $6,632 at the VAC, $5,833 for Jeff Ellis Management services, $5,404 for custodial services at Prisco, $9,971at Eola and $6,547 for the VAC, $5,103 for building maintenance and repairs at
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Eola and $7,297 at the VAC, $13,462 for credit card fees,$31,000 for Jeff Ellis contracted labor $5,762 for audio visual equipment and repairs at Prisco, $14,648 for lobby furniture at Prisco, $5,899 for aquatic chemicals at the VAC, $31,300 for turf care and landscape supplies at Stuart Sports Complex and $18,450 for scoreboards at Stuart Sports Complex. Year-to-date non-tax revenues are slightly unfavorable compared to last year at this time and expenses are 12.1% favorable to last year at this time. Fund 201 - Museum Fund For the month of October, revenues for this fund included $17,240 for Property Taxes, $5,740 in Rental Income and $3,230 in Merchandise sales. Other revenues include Fees and Pass Sales of $18,184 and Program Revenues of $62,557 primarily due to Pumpkin Weekends at Blackberry Farm. Last October, revenues for these categories were $13,036 and $54,940 respectively. Expenses for the month of October include $4,114 for maintenance and repairs at Red Oak Nature Center, $1,692 for advertising at Blackberry Farm and $1,627 for animal feed and supplies at Blackberry Farm. Year-to-date non-tax revenues are 13.5% favorable to last year at this time and expenses are 5.9% favorable to last year at this time. Fund 202 - Police and Security Fund For the month of October, revenues for this fund included $17,875 in Property Taxes. Expenses for the month include $2,212 for the annual renewal of police policy software and $1,014 for gasoline. Year-to-date non-tax revenues are 17% unfavorable to last year at this time and expenses are slightly favorable to last year at this time. Fund 203 – Communities in Schools This fund is used as a pass through account for grant distribution for Communities in Schools. Fund 205 - Fox Valley Special Recreation For the month of October, revenues for this fund included $21,313 in Property Taxes. Expenses for the month include $3,100 for ADA enhancements for the south entrance at Prisco and $1,874 for an ADA door opener for the exit pool at the VAC. Fund 206 - Illinois Municipal Retirement Fund For the month of October, revenues for this fund included $17,240 in Property Taxes. Expenses include IMRF costs for payroll of $77,261 which is net of the contributions from the aquatic centers to cover their portion of IMRF expense for three pay periods. Fund 207 - Social Security Fund For the month of October, revenues for this fund included $17,240 in Property Taxes. Expenses include FICA costs for payroll of $68,904 which is net of the contributions from the aquatic centers to cover their portion of IMRF expense for three pay periods. Fund 208 - Audit Fund For the month of October, revenues for this fund included $716 in Property Taxes. No expenses were recorded for this month.
Fund 209 – Facility Improvement/Replacement Fund This fund was created to set aside funding for future capital improvements, renovations and replacement of the District’s recreation facilities and operations. For the month of October, this fund received $897 in investment income. Expenses include $6,090 for improvements at Red Oak Nature Center such as fencing, $44,976 for repairs to the VAC HVAC system and $18,325 for repairs to the south entrance of Prisco. Fund 301 - Land Cash Fund During the month of October no significant activity was recorded. Fund 304 - Equipment & Vehicle Replacement This fund has been created to use in the future as a source of funding for the replacement of vehicles and equipment. The source of revenues for this fund comes from the sale of surplus fixed assets and Transfers In from operating funds that use vehicles and equipment to be purchased from this fund in the future. Expenses for the month of October include $35,600 for a mower. Fund 305 - Land Acquisition Fund This fund has been created to use in the future as a source of funding for acquiring land. The source of revenues from this fund comes from fees received for easements. Any land acquisitions for this year are budgeted in the 2008 Referendum Fund. During the month of October no significant activity was recorded. Fund 309 – 2010 G.O. Bonds This fund tracks the bond proceeds from the October 2009 Build America Bond issue and the associated capital projects this issuance funds. During the month of October no significant activity was recorded. Fund 400 - Debt Service Fund This fund records all debt payments of the park district. For the month of October, revenues for this fund include $165,329 in Property Taxes. Expenses include $8,441,250 in interest and principal payments for outstanding debt. Funds 600 - Employee Benefit Fund The Employee Benefit Fund is the fund where all activity for the district’s partially self-funded health plan is recorded for active employees. The fund balance ending September 30, 2015 is ($232,045) which indicates a deficit fund balance. For this year to date period, this fund has revenues in excess of expenses of $16,075. Funds 601 – Other Post Employment Benefit Fund (OPEB) The OPEB Fund is the fund where all activity for the district’s partially self-funded health plan is recorded for retirees. The fund balance ending September 30, 2015 is $764,325. For this year to date period, this fund has revenues in excess of expenses of $200,251 which includes a transfer in from other funds.
Fox Valley Park DistrictStatement of Revenues and Expenses
On November 9 and 10, Executive Director Pilmer made site visits to the following work locations to meet with staff: Cole Center maintenance, Cole Center office staff, Vaughan Athletic Center, Oakhurst, Eola Community Center, Prisco Community Center, Barnes Road and the Greenhouse. On November 10, Executive Director Pilmer met with Village Administrator Jeff Zoephel and Village President Matt Brolley of the Village of Montgomery. On November 10, Executive Director Pilmer attended the Veteran’s Luncheon at Prisco Community Center. The 235 attendees included Veterans from every branch of the service. On November 14, Executive Director Pilmer, Executive Assistant Arlene Kallien, and Sponsorship and Development Manager Cathy Schwieger attended the Aurora Public Library Foundation’s first gala fundraiser to network and meet library foundation members and sponsors. On November 16, Executive Director Pilmer met with Carolyn Nagel of the Fox Valley Special Recreation Association. On November 16, Executive Director Pilmer met with Village Administrator Steve Bosco and Village President Dale Berman of the Village of North Aurora. On November 16, Executive Director Pilmer made site visits and met with staff at Red Oak Nature Center and Blackberry Farm. On November 18, Executive Director Pilmer, Trustee Rachel Ossyra and staff met with Jeff Ellis Management to discuss a new proposal for the indoor aquatics management and compensation agreement. On November 19, Executive Director Pilmer met with Gloria Bunce, Cathy Schwieger and Dan Leahy regarding the progress of restructuring the Fox Valley Park Foundation’s Board of Directors.
On November 19, Executive Director Pilmer attended the Conservation Foundation’s Fall Membership and Awards Dinner with Facility Manager and Naturalist Margaret Gazdacka of Red Oak Nature Center, and Facility Supervisor Sandie Gilmer of Blackberry Farm. The evening featured a presentation by Douglas Stotz, PhD, regarding the Effects of Climate Change on Birds in the Chicago Region. Also in attendance were Director of Planning Jeff Palmquist and Trustees Alex Alexandrou and Chuck Anderson. On November 20, Executive Director Pilmer attended the Fox Valley Special Recreation Association’s fundraiser Northern Nights Trees and Lights. Also attending were trustees Cynthia Penne and spouse Ryan, Denny Wiggins and daughter Kelly, Theodia Gillespie, Rachel Ossyra; FVPD staff Diana Erickson, Jennifer Paprocki and Jaime Ijams. The event was held to raise funds to provide recreation opportunities for residents with special needs. On November 23, Executive Director Pilmer attended the City of Aurora press conference at the old library building at Stolp Avenue and Benton Street. The conference was held to announce the purchase and renovation of the building by Support Companies, LLC, which provides tech support to manufacturers of electronics, among other things, and will bring about 100 jobs to downtown Aurora. On November 24, Executive Director Pilmer met with the Aurora Veterans Advisory Council President Joe Toma and Council Member Scott Roscoe to discuss support for Veterans Week from the district May 22-30, 2016
EXECUTIVE DIRECTOR’S REPORT December 2015
(over)
Executive Director’s Report contains highlights of activities and events since the previous board meeting and previews of upcoming events. ® A report will be provided at the meeting. @ Additional information is attached.
On November 24, Executive Director Pilmer met with Rep. Stephanie Kifowit to discuss legislative initiatives for the district. ® On November 25, Executive Director Pilmer met with Dan Shomon to discuss strategies for the release of grant appropriations when the Illinois state budget is approved. DATES TO REMEMBER December 18-20—Holiday Express at BBF December 31—Family New Year’s Eve Party at VAC January 11, 2016—Board of Trustees Meeting January 28-30, 2016—IAPD/IPRA Conference
FINANCE AND ADMINISTRATION DATE: December 14, 2015 TO: Honorable Board of Trustees FROM: Diana Erickson, Director of Finance and Administration RE: December 2015 Monthly Report Strategic Plan Objectives: 1. Develop a plan for the selection, implementation and funding of a new recreation
software system. In progress. This is an all-encompassing district project which has many members currently working on implementation. We are scheduled to go “live” May 2016.
2. Develop plan for Healthcare Reform requirements. In progress. This is an ongoing process of making changes to comply with all requirements.
3. Implement Munis HR Training module.
In progress. The training module involves tracking all training and certifications of employees. This process will require working with the vendor to upload worksheets and load existing documentation. The final phase will be training employees to enter and access this information.
4. Investigate options for multi-year reporting through Munis financial software system. Completed. This project has been in process for several months and we have completed the software enhancements to access this information.
5. Develop a summarized annual financial document. Completed. An easy to read summary will be available to all residents on the website.
6. Review full-time salary ranges and make recommendations to the Board. In progress. The last time the full-time salary ranges were reviewed was three years ago. This process will begin this summer for Board review in January.
7. Provide employees information on health and wellness to help improve employee health, lessen occupational injuries, reduce absences and increase productivity. In progress. Through our safety training and wellness initiatives we are looking to increase our efforts in employee health and wellness training to benefit them in work and home life.
8. Pilot a “lunch bunch” roundtable discussion to share district news on projects, plans and programs. In progress. The scope of this project will be discussed with the new Executive Director.
9. Prepare district for Loss Control review by PDRMA. Completed. This process began in January and involved working with all district departments. We are proud to report that our ending average score was a 98.6% out 100%. Our Risk Manager John Bier headed this project and with the help of all division was able to receive this outstanding score.
10. Research opportunities for safety related grants. Completed. The Risk Manager is always looking for way to increase our safety program and funding for our safety initiatives through grants to supplement our costs.
RECREATION DATE: December 14, 2015 TO: Honorable Board of Trustees FROM: Jaime Ijams, Superintendent of Recreation and Facility Managers RE: Recreation Monthly Report Updated attendance figures, listed by facility, representing activity through November are provided below. These are followed by a 2015 Volunteer and Sponsorship Summary. Month of November Location updates:
Vaughan Athletic Center
Prisco Community Center
Fitness / Rentals #’s Rentals & Peformances Fitness Center Scans 368 Perform It “Beauty and the Beast: 60 in attendance # of Room Rentals 95 Veterans Day Luncheon: 170 veterans / 237 total Total Rental Attendance 3,030 FCC Anniversary Dinner: Over 50 in attendance
Tennis Daily Fee & Point of Sale Revenue: $19,174 Fall Tennis Program Participation / Revenue: 845 participants $282,960
Eola Community Center
Fitness #’s Rentals #’s Fitness Center Scans 10,592 # of Rentals 121 New Memberships Sold 131 Total Rental Attendance 4,625 Open Gym Participation 452 Badminton, Table Tennis, Youth Basketball Creative Play Preschool Revenue Up 26% Enrichment Labs Up 50%
Blackberry Farm
During the month of November, the staff at Blackberry Farm worked on getting the park ready for Holiday Express. They collectively hung more than three and a half miles of lights in the trees and around the park, which is possible due to the addition of new electrical outllets in the picnic areas. New this year, advanced tickets are being offered through www.seatyourself.biz to allow guests quick entry through the gift shop upon arrival to the park.
Holiday Express will run the first three weekends in December from 2 to 6 p.m., as well as Friday, December 11 and 18 from 5 to 8 p.m. This year, Blackberry Farm is offering a Special Needs Night on the first Friday in December. It will provide a low-sensory experience for families with special needs. Tickets will be limited for this event to help keep the wait times for attractions to a minimum.
Stuart Sports Complex During the month of November, staff is finalizing tournaments for the 2016 season at Stuart. Almost all weekends are tentatively booked for all 8 diamonds at Stuart, plus other miscellaneous diamonds throughout the district. Once all deposits are received, final schedules will be available.
Reason for Visits # of visitors Walk-in Attendance Approx. 1,380 Naturalist in the Classroom School Visits (New) Reached 300 students Red Oak School Field Trips 290 students Family Programs at Red Oak & Lippold 100 participants
2015 Sponsorships
Event # Sponsors # Vendors In-Kind and Cash Sponsorship Revenue
Winter Stage 12 Donations $ 800 Spring Gallop 13 4 $ 10,618 Canoe Race 12 4 $ 11,180 Golf for Kids 40 15 Donations $ 75,300 Summer Stage 1 $ 1,600 Concerts in the Park 1 1 $ 2,500 Live and Uncorked 1 $ 100 Family Fun Nights BBF 2 $ 200 Amazing Race 3 $ 6,750 Family Luau – Aquatics 1 $ 300 Bug Fest 3 1 $ 6,125 Pumpkin Weekends 4 $ 12,000 VAC Anniversary 1 $ 2,500 Holiday Express 3 $ 12,300 Eola – Child Safety 1 $ 250 TOTAL: $ 142,523
Use of Volunteers and Sponsorships Volunteer Events
Date Location Number of Volunteers
Project
Northern Ill. Academy
Nov. 2,9,16 & 30
Various Locations Between 5- 10 students
Maintenance
Veterans Day Luncheon
Nov. 11, 2015 Prisco Community Center
25 Serving Lunch to Veteran’s
Collaboration Events
Date Location Attendees Info
Active Adult Workshop
Nov. 5, 2015 Prisco 125 Aurora University’s Active Adult Committee Partnership Program
FVSRA Star Program Nov. 11, 2015 Prisco 12 Veteran’s Day Luncheon
PARK POLICE AND PUBLIC SAFETY DATE: December 14, 2015 TO: Honorable Board of Trustees FROM: Mark Johnson, Chief of Park Police and Public Safety RE: December Staff Report Strategic Plan Objectives:
1. Evaluate need for expanded garage and storage space at the Park District Police and Public Safety facility and determine source of funding. Status: Completed – It was determined that in order to better preserve our police fleet, added space is necessary. Currently we have garage space for 6 vehicles and there are an additional 6 parked outside year round. There is adequate space for a structure on District owned property directly south of the police office. Funding will be addressed in the 2016-2017 police budget.
2. Develop a recruitment plan to ensure that, due to attrition, open law enforcement positions are promptly filled. Status: Ongoing – Staff has experienced an extremely high rate of attrition during the past few months. The vacancies are primarily due to staff relocating out of the area. These vacancies are going unfilled. We are constantly advertizing for applicants and receiving applications but the overwhelming majority do not meet minimum qualifications for the position. Research shows that we are losing qualified candidates to other area departments primarily due to our entry level rate of pay. The rate is approx 30% less than other area departments. A comprehensive review of our recruitment effort will be addressed in the 2016-2017 budget.
3. Prepare for CALEA reaccreditation. Status: Completed – The onsite evaluation was held November 30th- December 2nd and it appears everything was in order and we will receive a favorable recommendation.
4. Evaluate squad car video software and implement technology that downloads images efficiently. Status: Completed – With the upgraded software, the squad car cameras are being downloaded automatically when the squads return to the garage at the completion of each shift. The images are stored on a dedicated computer in the police office for later review or as evidence.
5. Provide training for the enhanced law enforcement records management system. Status: Completed.
6. Provide NIMIS 200 training for all emergency responders. Status: Completed – Many of our officers have gone onto 300 and 400 level training.
7. Develop an intergovernmental emergency response plan for Stuart Sports Complex. Status: Completed – A meeting was held at the Complex on July 1st . Representatives of all the responsible jurisdictions were in attendance and we feel very comfortable that we have in place a very comprehensive plan.
8. Enhance the summer playground program to interact with public safety personnel. Status: Completed – A PSO was added to assist our officers in visiting the playgrounds. On June 25th, a picnic was held at McCullough Park. Approximately 250 children were in attendance. Also in attendance were representatives from 5 other law enforcement or fire agencies that brought equipment for the program participants to view and interact with.
9. Update the Park Police website page quarterly. Status: Completed.
• On September 23rd, it came to the attention of Officers Stefanski and Spears that a male was unconscious and unresponsive on the Mastodon Trail at Phillips Park. The officers located the subject, administered CPR and an AED. Paramedics arrived shortly thereafter and transported the subject a local hospital. Hospital staff credited the actions of our officers as saving the man’s life.
December 2015 Marketing Report
Website Activity
Digital Footprint at-a-glance
foxvalleyparkdistrict.orgWebsite visits
Page views
User growth
Calendar of Events
Using Constant Contact, fourteen e-blasts were sent to audiences interested in receiving information about various district events and programs.
NEW & Noteworthy: A tennis eblast directed at Youth Tennis participants achieved a 60% open rate. This indicates a high level of engagement by the users base.
Targeted Emails
14
Social Spotlight
#HolidayExpress
#ForceFitness
Easy to see numbers, top trends and user actions across Fox Valley digital platforms.
13%8%
12%10%
• November visits up 13% for the same time period last year.
• Page views up 8%• User growth continued strong at 12%• New Event page for Special Needs Night
at Blackberry Farm drew 1,400+ hits in just a few weeks.
• Calendar of events saw a 10% increase. More people are coming to our site to see “Where Fun Begins.”
Paid campaign for BBF Holiday Express reached
21,000+ audience through targeting. 214 likes, 33
comments and 66 shares helped drive engagement
that fueled attendance of 3,500 for the first weekend
and $16,210 in revenue (55% of total goal for
December in just the first weekend).
Force Fitness
Original “Force Fitness”
video campaign achieved
nearly 700 views between
Facebook and YouTube.
This video stars Parker and brings our fitness facilities
to life in a relevant and fun context (Star Wars).
PLANNING, PARKS AND FACILITY MAINTENANCE DATE: December 14, 2015 TO: Honorable Board of Trustees FROM: Jeff Palmquist, Interim Director of Parks and Facility Maintenance and Planning, Development and Grants RE: Monthly Report STRATEGIC PLAN OBJECTIVES- PLANNING, DEVELOPMENT AND GRANTS:
1. Implement neighborhood and community park renovation projects based upon playground and facility replacement needs and schedules. 2015-2018
• On hold- Jericho Lake Park renovation construction. Construction to begin when the suspension of OSLAD grant funded projects is lifted by IDNR. Staff coordination with Kane County Department of Transportation regarding Jericho Road improvements and relocated Jericho Lake Park entrance is on-going. The Jericho Road/Blackberry Creek bridge is completed and now open, as is the new Jericho Lake Park relocated entrance.
• On hold- Copley 1 renovation construction. Construction to begin when the suspension of OSLAD grant funded projects is lifted by IDNR.
• Completed- Birmingham Park renovation construction. • Completed- Austin Park renovation construction. • Completed- Lincoln Park playground replacement construction. • Completed- Palmer Park renovation construction. • Completed- Eola Community Center parking lot improvements. • Completed- Cumberland Park playground replacement concept plan. • Completed- Brooklyn Park renovation concept plan, pending Board of Trustees
review and approval. • In progress- Canterbury Park renovation concept plan. • In progress- Meadow lakes renovation concept plan.
2. Complete the construction of the Prisco Community Center expansion and renovation.
• On hold, pending reinstatement of PARC grant funding by IDNR.
3. Implement site improvement plans for Red Oak Nature Center and Blackberry Farm.
• Completed- construction and restoration of events plaza/Barnes Road landscaping and retaining wall.
• Completed- construction of Red Oak Nature Center parking lot improvements and associated ornamental entry gate/sign.
• In progress- Red Oak Nature Center septic system improvements. • Completed- Blackberry Farm phase II retaining wall construction.
4. Coordinate with the City of Aurora on the use and management of river shoreline
property. • Completed- coordination with the City of Aurora Animal Control facility on the
use of a small portion of adjacent FVPD property for parking lot expansion, pending Board of Trustee approval at the October 19 Board meeting.
• Completed- coordination with the City of Aurora regarding geo-technical work at North River Street Park and the Fox River Trail East.
• In progress- coordination with City of Aurora staff and consultants regarding the Aurora Transportation Center improvement plan.
5. Coordinate with the City of Aurora on strategic intergovernmental exchanges. • In progress- coordination with City public works staff on regional storm water
management plans within the Zausa property area and specific easement and drainage measures applied to the Zausa property.
• In progress- coordination with City engineering staff regarding potential regional storm water management improvements affecting Barrington Park.
6. Apply the District’s sustainable design considerations checklist for parks and
facilities to the design and construction of capital projects. • Completed- review/assessment of Palmer Park improvement plan. • In progress- incorporation of sustainable design considerations into the Stuart
Sports Complex north renovation master plan.
7. Develop a plan for the renovation of Stuart Sports Complex north. 2015-17. • In progress- base mapping, site inventory work and interdepartmental
coordination completed. Draft plan completed, pending internal review.
8. Coordinate with the City of Aurora on the acquisition and development of strategic open space opportunities within planning areas with neighborhood park open space deficiencies.
9. Identify opportunities to expand the scope of nature based play to include natural
features and sustainability related interpretive interactives and signage. 2015-18. • Jericho Lake Park nature based play area on hold, pending IDNR notification of
OSLAD grant funding.
STRATEGIC PLAN OBJECTIVES- PARKS AND FACILITY MAINTENANCE:
1. Develop a plan for maintaining/renovating the Eola Community Center outdoor trellis structures.
• Completed- Concept plan and cost estimate for scaled back structure by Kluber and Associates. Funding for improvements to be provided in FY 2016 budget.
2. Implement site specific woodlands management plans for Lippold Park, Red Oak Nature Center, Chesterfield Park, Church Road Park and Arrowwood Park.
• Completed- Volunteer groups cleared invasive plants from Lippold Park and Church Road Park in July.
• Completed- Staff mechanically removed 90% of remaining invasive plant material at Lippold Park and Church Road Park.
• Completed- Identification/staff coordination of final phase of invasive plant material removal and addition of native seed.
• Completed- Staff coordination with natural area consultant on final phase of native seeding on these sites.
3. Implement the Emerald Ash Borer tree replacement plan.
• In progress- Planting of replacement trees; incidental planting completed for the 2015 season.
• In progress- District-wide tree survey/inventory; phase 2 of a multiple year project completed for 2015.
• On hold- Initiation of third year of three year contract for contractor removal of EAB afflicted trees.
4. Coordinate with the City of Aurora on the management of lakes and ponds.
• In progress- Coordination with Alderman Mervine regarding potential solutions and community outreach regarding the condition of Waubonsie Lake.
• In progress- Coordination with City of Aurora staff on potential Waubonsie Lake dredging options and timing.
• In progress- Coordination with City staff regarding other District lakes that may have potential dredging addressed in the City of Aurora/Fox Valley Park District lake management agreement.
5. Formalize a work flow process where affected department sign-off at various stages
of project development and implementation. • Completed- Purchase and initiation of the use of the Smartsheet software system. • In progress- Assessment of the utility of Smartsheet.
6. Research installing backup warning devices on Park District vehicles.
• Completed- Assessment potential devices and pricing. • In process- Purchase and installation of backup devices by fleet maintenance staff.
Installation to occur as vehicles are serviced for preventative maintenance.
TOTAL 0 31260:12 2 440944:07 Footnotes: The monthly hours provided are totals hours before time card corrections. Reported Injuries with Days Away or Restricted Time; Reported injuries with no day’s away or lost time; None Employee Injured finger with skill saw
PLANNING, PARKS AND MAINTENANCE DATE: December 14, 2015 TO: Honorable Board of Trustees FROM: Jeff Palmquist, Interim Director of Parks and Facility Maintenance and Planning, Development and Grants RE: Capital Projects Permitting Fees and Charges, Capital Projects Cost Summaries
and Project Bid Schedule Report BACKGROUND: The December, 2015 Capital Projects Permitting Fees and Charges Summary reports are attached. The projects listed represent pending construction activity of a size and scope that trigger involved permitting processes, numerous permit related costs and potential construction delays. Due to the suspension of work on the Prisco Community Center renovation, Jericho Lake Park and Copley 1 Park, the District has not incurred any significant permit related fees to any project over the past month. Other major park related construction activity has been completed for the season, including the general asphalt work (contract awarded in September). REVIEW BY OTHERS: Director of Parks and Facility Maintenance, and Senior Park Planner. FINANCIAL IMPACT: The impact of permit related costs significantly impacts the project implementation schedule and the overall project construction cost. PRESENTER: Jeff Palmquist, Director of Planning, Development and Grants.
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5.5
Pending Significant Capital Projects Permitting Fees and Charges Summary- December, 2015
PROJECT
FILING
FEE:
RE-
ZONING
FILING FEE:
FINAL
PLAT/
PLAN
WATER
SERVICE
TAP-ON
FEE
WATER
CONNECTION/
METER FEE
BUILDING
PERMIT
FEE
RECAPTURE/
DEVELOPMENT
IMPACT FEES
KANE/
DUPAGE COUNTY
HIGHWAY
IMPACT FEE
FOX METRO
SANITARY
CONNECTION
PERMIT FEE
IEPA NOTICE
OF INTENT
(STORMWATER
DISCHARGE
CONSTRUCTION
PERMIT)
IEPA
SANITARY
MAIN
EXTENSION
PERMIT
FEE
KANE-DUPAGE
SOIL AND WATER
CONSERVATION
DISTRICT SOIL EROSION
CONTROL
PERMIT FEE
OTHER
JERICHO LAKE
PARK TBD $0 TBD TBD TBD $0 $0 NA TBD NA $1,998
$1,000 IDNR Floodway Construction Permit fee.
$20,000 VOM engineering review fee deposit. $2,743.49 Village
plan/engineering review fee.
COPLEY 1 PARK NA $0 TBD TBD TBD $0 $0 TBD TBD TBD$1,339 (up to $500
refundable)
Abbreviations: City of Aurora - COA, Illinois Environmental Protection Agency - IEPA, Village of Montgomery - VOM
December 14, 2015
PENDING AND COMPLETED SIGNIFICANT CAPITAL PROJECTS COST SUMMARY
Project Approved
Project Budget
Construction Bid Awards
Changes to Construction
Contracts Fees & Permit
Costs Other Costs
Total Final Project
Cost Jericho Lake Park
$1,250,000 construction budget.
$1,146,797 (Wilkinson)
$20,000 VOM engineering review and inspection fee deposit. $1,000 IDNR Floodway Construction permit fee. $1,998 Kane-DuPage Soil & Water Conservation District permit fee
Copley 1 Park
$945,000 construction budget
$159,802 (Barton Electric ball field lighting contract)
$1,339 Kane- DuPage Soil & Water Conservation District permit fee
District-wide asphalt paving
$261,000 (Evans and Sons)
$261,000
.
December 14, 2015
UPCOMING PROJECT BID OR REQUEST FOR PROPOSAL (RFP) SCHEDULE
Project Anticipated Bid/RFP
Release Date Anticipated Bid/Project
Award Date
Eola Community Center Hand Railing Replacement
December 8
January 11
Eola Community Center
Men’s Locker Room Renovation
February 8
March 14
TENTATIVE
Fox Valley Park District Board of Trustee Meeting Dates for 2016
Time: All Board meetings are held at 6:00 p.m. the 2nd Monday of each
month unless otherwise indicated.* Location: Meetings are held at the Prisco Community Center, 150 W. Illinois
Avenue unless otherwise indicated.*
January 11, 2016
February 8, 2016
March 14, 2016
April 11, 2016
May 9, 2016
June 13, 2016
July 11, 2016
August 8, 2016
September 12, 2016
*October 17, 2016 (one week later due to Columbus Day holiday)
November 14, 2016
December 12, 2016
5.6
DATE: December 14, 2015 TO: Honorable Board of Trustees FROM: Jim Pilmer, Executive Director RE: Appointment of Conference delegate to the Illinois Association of Park District’s
Annual Conference. RECOMMENDATION: Approve appointment of Jim Pilmer as Fox Valley Park District delegate and Bob Vaughan as alternate at the Annual Business Meeting of the Illinois Association of Park Districts. BACKGROUND: All member districts are required by law* to designate a delegate to attend the Annual Business Meeting of the Illinois Association of Park Districts to be held at the Hyatt Regency Hotel, Chicago, Illinois, on Saturday, January 30, 2016 at 3:30 p.m. in the Grand F Ballroom. (*Article V, Section 3 and 4 of the Constitutional Bylaws of the Illinois Association of Park Districts). REASON FOR RECOMMENDATION: Approval is required by the Board of Trustees and signatures of Board President and Board Secretary on a Credentials Certificate. REVIEW BY OTHERS: None FINANCIAL IMPACT: None PRESENTER: Jim Pilmer, Executive Director
5.7
EXECUTIVE DIRECTOR DATE: December 14, 2015 TO: Honorable Board of Trustees FROM: Jim Pilmer, Executive Director RE: Memorial Program The Fox Valley Park Foundation offers a Memorial Program with several opportunities to leave a lasting legacy. Commemorative Trees and Park Bench Memorials are available and both are installed by Fox Valley Park District staff.
• Commemorative Trees ($500) – Donors may choose to plant a tree in honor of a loved one. This also includes a rock with engraved plaque to place in front of the tree.
• Park Bench Memorials ($1,000) – Donors may start a legacy by placing a park bench in a serene setting of their choosing. The bench includes an engraved slat with their loved one’s name on it.
The Parks Department has been providing this program for years. For the past 5 years, Chad Peterson was responsible for overseeing the memorial program. Currently, Jerad Campbell, Chris Kuehn and Cathy Schwieger work together to assist each patron. This is a wonderful way to honor a loved one and bring comfort to the families for years to come. It also beautifies the community. A great example of the collaboration is the memorial tree planting that occurred at Eola Community Center on October 31. The family requested to be there when the tree was planted. Staff worked closely with them to make sure this would happen. That Saturday the family was able to help plant the tree and also had a balloon release in honor of their loved one.
9.1
Fox Valley Park FoundationDonation for Memorial Application Any request requiring Fox Valley Park District approvals, services, assistance and/or other support for a special event must provide the following information. Submittal of application does not constitute approval.
Applicant Information
Contact Person _________________________________________________________________________________________
Street Address __________________________________________________________________________________________
City _________________________________________________ State______ ZIP ___________________________________
Cell Phone Number _____________________________________ Home Phone Number _______________________________
Plaque Inscription: p In Memory Of p In Loving Memory Of p In Honor Of
p Other* ____________________________________________ *Message displays best with 18-20 characters
Name of Honoree: _____________________________________________________
Proposed Location of Tree _______________________________________________
p MEMORIAL BENCH – $1000 DONATION
Bench Engraving: p In Memory Of p In Loving Memory Of p In Honor Of
p Other** ____________________________________________ **Message displays best with 40-50 characters per board Additional $250 fee for second board
Name of Honoree: _____________________________________________________
Proposed Location of Memorial Bench ______________________________________
To submit application for review, please see Terms and Conditions on other side >
Park FoundationFox Valley
Est. 1981
Memorial Terms and Conditions
The Fox Valley Park District invites residents to honor family members and fellow residents through the planting of a memorial tree or bench in a public park or along the trail system. This following information is intended to clarify the terms, conditions and requirements for this program.
1. The Parks Department staff reserves the right to select the location and species of a memorial tree and/or bench in the selected park or property. Fox Valley Park District staff will work with the person purchasing the memorial to find a mutually agreeable location and tree species where applicable.
2. Scheduling of the tree planting is at the discretion of the Parks Department staff. To achieve the best chance for planting success, trees are typically planted in the spring or fall. Fox Valley staff will work to find a mutually agreeable date and location, which remains contingent on favorable weather and soil conditions.
3. All Fox Valley Park District ordinances and local municipal rules must be followed, and should any part of this policy be found to be in conflict with ordinances, park rules or other laws, then this policy shall not govern but the applicable law or park rule shall govern.
4. A $500 donation will be applied to the purchase of a memorial tree, its planting and initial maintenance. A $1,000 donation will be applied to the purchase of a memorial bench, memorial inscription, installation and initial maintenance.
5. The District shall use best management practices to assist the memorial tree so that it survives and thrives. However, the District does not guarantee that a memorial tree will survive and is not responsible for the replacement of a memorial tree if it dies, is knocked over or otherwise in need of removal, for example, due to disease or pestilence.
Applicant must read the terms and conditions listed above. By signing below, the applicant understands and accepts the terms stated herein.
Total Amount Paid: $_________________________________________________________________________________________
Select Payment Method: p Cash p Check #___________ p Credit _______________________________________________
Received by __________________________________________________ Work Order # __________________________________
Select One: p Tree from nursery p Tree purchased $_____________________________________________________________
Tree Species_ ______________________________________________________________________________________________
FOX VALLEY PARK FOUNDATION101 W. Illinois Ave., Aurora • 630-897-0516 foxvalleyparkdistrict.org Park Foundation
Fox Valley
Est. 1981
9.2
BOARD BRIEFS Diana Erickson, Director of Finance and Administration The District’s bond rating was reaffirmed at AA+ with Standard and Poor’s. We successfully sold bonds in November for $3,300,000 and also refunded existing bonds. The refunding resulted in a $3,400,000 savings of interest income without extending the lift of the bond. The loss control review has been completed and we achieved a 98.6 percent out of 100 percent. This results in a $3,000 refund from PDRMA and affirmation that our procedures and policies concerning risk management have been updated. We are working with all departments in the budget process as we prepare to make the conversion to an eight month budget in anticipation going to a calendar year. For the first year this change will be very different and all departments will need assistance from our department. Stephen Morcos, Alex Alexandrou, Jim Pilmer and finance staff met regarding health insurance modifications which will be discussed in December and recommended for board approval in January. The Human Resources division is working with HUB International Consulting Group to determine if all employees are classified correctly under FLSA (Fair Labor Standards Act) as the requirements change. We are expecting a final report in December. The plans are underway for the annual IMRF Staff meeting on December 16. This event offers mandatory training and a lunch to celebrate IMRF employees. Dan Leahy, Superintendent of Marketing and Communications Winter Activity Guide Savings: Winter Activity Guide production was completed and distributed to approximately 72,000 households. Through refined editorial processes and content packaging, this guide had a significant reduction in page count. This resulted in a positive impact of $8,000 to budget. An ancillary benefit is alignment with more eco-friendly production that consumes fewer raw materials. Jeff Palmquist, Director of Planning, Development & Grants; Interim Director of Parks & Facility Maintenance Vaughan Athletic Center Rooftop Unit Repair Update Staff recently engaged Cordogan, Clark and Associates (CCA) to compile immediate rooftop unit repair needs and issue a request for proposals (RFP) for mechanical repair work on five rooftop units. CCA issued this RFP on December 2 and contacted at least seven local HVAC contractors. Staff and consultant conducted a contractor site visit at 10:00 am on December 4. Proposals are due on December 9. Proposals are generally expected to be less than $20,000. Red Oak Nature Center Septic System Update Due to failure of the existing septic system and insufficient capacity to handle additional volume as a result of increased activity in recent years, Parks and Facility Maintenance staff recently solicited proposals for a new septic system. Staff received three proposals, with the low proposal submitted by
1
9.3
BOARD BRIEFS CONTINUED
Wilkinson Excavating for $10,490 (exclusive of electrical work or permit fees). This work may begin as early as December 11 and should be completed in December, weather permitting. Eola Community Center Hand Railing Update Following the recommendation of the Director of Parks and Facility Maintenance to the Board of Trustees for acceptance of the lone bid for the Eola Community Center hand railing replacement, the contractor withdrew his bid after visiting the site and realizing that the scope of the project exceeded his understanding of the required work. Since that time, Planning Department staff revised and expanded the bid documents to better describe the extent of the required work. The plans and specifications were re-released on December 8. A bid award recommendation is expected to be before the Board of Trustees at the January 11 meeting. Eola Community Center Men’s Locker Room Update Staff has engaged the services of Kluber and Associates to immediately develop a set of bid documents for the renovation of the Eola Community Center men’s locker room. This improvement project would mirror the renovation of the women’s locker room. This project is identified as a 2015-16 initiative. The plans and specifications are scheduled to be issued in early February, with a bid award at the Board of Trustees March 14 meeting. Outdoor Ice Rink Status The District provides outdoor ice rinks at three locations- Waubonsie Lake Park (two ice surfaces), “Coach” Wilbert Walters Park, and Blackberry Farm. The rinks have been installed at Waubonsie Lake Park and “Coach” Wilbert Walters Park. The Blackberry Farm rink will be installed in the parking lot following the completion of the Holiday Express weekends. Mark Johnson, Chief of Police & Public Safety The Fox Valley Park District Police Department is an accredited law enforcement agency. This accreditation is awarded by the Commission on Accreditation for Law Enforcement Agencies (CALEA). The Commission was formed in 1979 as a credentialing authority through the joint efforts of law enforcement's four major law enforcement executive associations. The park police department was first awarded accreditation status in 2010, reaccredited in 2013 and recently audited for reaccreditation in 2016. The audit consisted of two assessors, one from Texas and one from Colorado, who inspected our files for compliance proofs pertaining to 189 standards. All standards reflect industry best practices. Illinois has 1,150 law enforcement agencies and only 51 are accredited by CALEA. Our park police department is the smallest and only park and recreation agency internationally to achieve such status. The assessors will write a report to the commission who will make a determination on the reaccreditation at their March 2016 conference in St. Louis. Our Chief of Police Mark Johnson and accreditation managers will be in attendance answering questions posed by the commission in a public meeting. It appears the assessors will be making a favorable recommendation. During their exit interview, the assessors praised our efforts in community involvement and the transparency of our operations. The number of park district police calls for service in 2012 was 1,991. To date in 2015, calls total 1,048. The decline has been steady and we attribute it to proactive programs being in place; one being a board approved ordinance that addresses repeat offenders. The ordinance was approved in February 2010. It addresses disorderly actions in the park such as drunkenness, possession of alcohol or drugs, making the park a place to sleep, fighting and disturbances.
2
BOARD BRIEFS CONTINUED
The ordinance bans individuals who are cited three or more times in a six month period for any of the above mentioned offences for a period of six months. Should they enter the parks during the period of banishment, they are subject to arrest on a misdemeanor charge and can be held in jail. On the first ban list, there were upward of 20 individuals. This equals more than 60 calls for service. Currently there are three. Supporting this trend, in 2012 there were 157 calls related to disorderly activity; to date in 2015 there are 57. Also, we were experiencing a concerning number of theft calls primarily from the Vaughn Athletic Center. In 2012 there were 86 calls; to date in 2015 there have been 54 calls. Police staff credit the decline to aggressive case follow up, identifying and prosecuting offenders, dissemination of crime prevention information, greater police presence in the building and close supervision of high risk programs. Jaime Ijams, Superintendent of Recreation Registration Software System Implementation Update Overview on project status: One of the major year-long initiatives for the Recreation department includes the transition and implementation of the new registration software system from Class to Vermont Systems Inc., RecTrac A project team composed of interdepartmental staff is following a detailed implementation plan in order to reach our “go live” date of May 7. The project team is currently in the data conversion and analysis process. They are preparing samples of how families, programs, facilities and memberships will be set up and defined in the system. The team will receive their first week-long training January 11 – 15, where they will begin to define the standards that will be used to create programs in the system, and begin loading data tables for programs, families, facilities, memberships and POS. Marketing plans are underway to properly notify and educate our staff and customers of the benefits of the new system, prior to going live this summer.
3
1
Arlene Kallien
From: Jadie AguilarSent: Thursday, November 19, 2015 4:32 PMTo: Carrie Johnson; Sydney Bilotta; Brandon Quaintance; Monika Kastle; Retta Hennessy;
Ann Belskis; Donna Eisses; Raul Gomez; Mary Bryant; George Cortez; Julie DeKing; JoAnn Curry; Barb Thome; Randy Caho; Kevin Bowen; Kevin Kraabel; Julie Weals; Michelle Grobe; Rachael Davies; Selena Hay; Melissa Harrison; Yannieliss Gonzalez; Lily Duran; Ryan Davidson; Laureen Baumgartner; Jim Christenson; Cori Buis; Jennifer Huber; Greg Dickson; Joe Hernandez; Mark Johnson; Chris Kuehn; Rafael Martinez; Jon Michael; Jeff Palmquist; Lisa Peterson; Debbie Smith; Carolyn Stark; Bobbi Steele; Jaime Ijams; Helen Wohlfeil; Ivan Chambers; Lynn Fenton; Jeremy Andersen; Jordan Real; Ian Pickett; Diana Erickson; Brad Schmidt; Margaret Gazdacka; Barb Daniels; Jeff Long; Cody Kamp; Colleen Keefe; Anna Kish; Greg Stevens; Chad Peterson; Nathan Troia; Ray Nugent; Jennifer Paprocki; Joseph Nidea; Kyle Donahue; Erika Swanson; Brett Meier; Cara Ermitage; Rich Brunker; Matt Odom; Cathy Schwieger; Jerry Hernandez; John Bier; Sandie Gilmer; Holly Wiggins; Greg Woolford; Jerad Campbell; Arlene Kallien; Anthony Rickenbrode; Petrina Malone; Andrew Stratton; Dan Leahy; Mike Kenny; Jim Pilmer; Deedee Buscher
Subject: You're Invited! Attachments: You’re Invited to the Winter Staff Meeting!.pptx
Hi Everyone!
Please mark your calendars for our Winter Staff Meeting & Annual Holiday Luncheon on Wednesday, December 16th from 10:00am to 1:00pm.
Please print off the invite and share with those Full-time and Part-time IMRF staff who do
not have access to email.
All IMRF staff are highly encouraged to attend.
Thanks and hope to see you there
9.4
FINANCE AND ADMINISTRATION DATE: December 14, 2015 TO: Jim Pilmer, Executive Director FROM: Diana Erickson, Director of Finance and Administration RE: Fiscal Year Change Since 1984, the District’s fiscal year has started on May 1st and ended on April 30th. We are proposing to change the year beginning January 2017 to a calendar year from January 1st and ending on December 31st. In order to make this change it will be necessary to have an eight month budget, audit and the evaluation year beginning on May 1, 2016 to December 31, 2016. This modification of the fiscal year will also require the Aquatics Board and the Fox Valley Park Foundation Board to pass an amendment to their bylaws to formally adopt the same fiscal year change. Some of the merits for the change are as follows:
− Aligning the budget year with the tax levy will facilitate better matching of expenditures with revenues.
− Provide a better cut off for end of year W-2 payroll processing and reporting. − Align the IMRF reporting with the GASB 68 pension requirements. − Allow more time for construction contract bidding and planning and possibly recognize
savings with early contract awards. − Removes evaluation time from the height of the hiring and construction season. − Removes the Audit and Budget process from peak season.
I recommend to the Board of Trustees approve the Ordinance #15-466 to change the current fiscal year of May 1st through April 30th to January 1st through December 31st beginning 2017.
11.1
Fox Valley Park District
Ordinance #15- 466
An Ordinance Amending the Fiscal Year of the Fox Valley Park District, Aurora, Illinois
Whereas, it has been determined that the fiscal year of the Fox Valley Park District should be amended to provide for a calendar year fiscal year beginning on January 1, 2017; and,
Whereas this ordinance is amending the Resolution dated February 13, 1984 of the Fox Valley Park District and its reporting units, Fox Valley Outdoor Aquatics and Fox Valley Park Foundation, designating the Fiscal Year as commencing on May 1st of each year to the following April 30th; and,
Whereas, by this ordinance, the fiscal year of the Fox Valley Park District, effective January 1, 2017 shall begin on January 1st of each year and end on December 31st of the same calendar year.
Now, therefore, be it ordained by the President and Board of Trustees of the Fox Valley Park District, Aurora, Illinois that:
The fiscal year of the Fox Valley Park District shall begin on January 1st of each year and end on December 31st of the same year beginning as of January 1, 2017.
A shortened fiscal year for the Fox Valley Park District shall apply for the period May 1,
2016 to December 31, 2016 and all such necessary actions to cause the same to properly apply and to be implemented for such period are authorized to be taken by the Executive Director and staff of the Fox Valley Park District, to be coordinated with the auditors of the Fox Valley Park District and its legal counsel.
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict and modified to reflect the fiscal year adoption herein made.
Approved This 14th Day of December, 2015 ___________________________________ Robert Vaughan, President ATTEST:__________________________
Cynthia Penne, Secretary
Ayes:_____
Nays:_____
FINANCE AND ADMINISTRATION DATE: December 14, 2015 TO: Jim Pilmer, Executive Director FROM: Diana Erickson, Director of Finance and Administration RE: 2015 Tax Levy Ordinance We are recommending approval for the 2015 tax levy in the amount of $22,063,996. This will be the fifth year of a recommendation for a tax levy freeze. Through board direction, careful budgeting and monitoring of expenditures, we have been successful at maintaining a flat levy. The 2015 Tax Levy Ordinance # 15-467 represents a 0% increase over last year. In addition, the preliminary information received from Kane and DuPage counties points to a potentially higher Equalized Assessed Valuation (EAV) which should lower the overall rate assess for the Fox Valley Park District. By submitting a flat levy and the probability of a higher EAV this is likely to lessen the tax burden for our residents. I recommend to the Board of Trustees approve 2015 Tax Levy Ordinance No. 15-467 in the amount of $22,063,996.
11.2
(Authority 70 ILCS 1205/5-1)
Amount to be Raisedby Taxation
Salaries and WagesFull Time Personnel 1,646,930 Part Time Personnel 423,664
Total Salaries and Wages 2,070,594
Employee BenefitsHealth Insurance 692,056Employee Assistance Program 2,003
I. The amount to be raised by Tax Levy for General Corporate Purposes:
SECTION 1: That the sum of Twenty-Two Million, Sixty-Three Thousand, Nine Hundred Ninety-Six and 00/100 Dollars (22,063,996) being the total of that part of the appropriations heretofore legally made which are to be raised by taxation for the year 2015 by the Fox Valley Park District, Kane, DuPage, Kendall and Will Counties, Illinois, for all General Corporate purposes of said Park District and for purposes of providing a Recreation Fund, Museum Fund, Police Fund, Illinois Municipal Retirement Fund, Social Security Fund, Insurance Fund, Audit Fund, Bond Retirement Fund and Special Recreation Fund, is hereby levied upon all taxable property within said Park District subject to taxation for said fiscal year, as set forth below:
Other ServicesPostage and Freight 3,646Advertising 2,404Printing and Binding 2,884Legal Notices 1,466Service Contract-Computer Equip 47,754Refuse Removal 24,278Alarm Systems 10,280Turf Maintenance Contracts 49,196Natural Area Management 204,317Contract Labor 99,354Other Services 23,496
Total Other Services 469,075
Materials and SuppliesPrinted Forms 4,283Office Supplies 9,815Paper Products 1,911Computer Equipment Parts 5,048Software 8,979Custodial Supplies 18,925Safety Supplies 1,663Locks, Key, Security Supplies 86,129Turf Care and Landscape Supplies 9,775De-icing Agents 120,186Gasoline and Oil 20,031Horticulture Stock and Supplies 19,350Tree Stock and Supplies 12,019Natural Area-Plants 801Lumber and Building Supplies 23,188Fencing Supplies 1,482Sign Supplies 9,134Vehicle Parts 21,874Maintenance Parts 60,093Playground Parts 16,025Irrigation Parts 2,805Plumbing, Electrical, Heating Supplies 6,009Paint Supplies 7,011Asphalt and Paving Materials 6,170Small Maintenance Equipment 27,715Small Tools 23,367Mechanic Shop Supplies 14,022Furniture and Fixtures-Building 5,368Furniture and Fixtures-Parks 22,315Office Equip/Furniture-Non Capitalized 1,362Training Supplies 4,547Other Materials and Supplies 17,607
Capital ExpendituresTechnology Equipment and SecurityBuildingsEquipment-Recreation & Sport 145,146Fixtures-Interior 245
Total Capital Expenditures 145,391
Other ExpensesOperating Transfers Out 73,490
Total Other Expenses 73,490
Total Playground and Recreation Fund 3,036,633
III. The amount to be raised by Tax Levy for the Purpose of Improving, Operating, Maintaining and Caring for Museums and the Buildings and Grounds thereof: (Authority Ill. Rev. Stat., 70 ILCS 1290/2)
Amount to be Raisedby Taxation
Salaries and WagesFull Time Personnel 148,752Part Time Personnel 211,175
Total Salaries and Wages 359,927
Employee BenefitsHealth Insurance 81,039
Total Employee Benefits 81,039
Other Employee BenefitsTravel Expenses 698Employee Training & Seminars 1,759Uniforms 1,074Licenses, Dues, Memberships 1,469Other Employee Expense 107
Total Other Employee Benefits 5,107
UtilitiesNatural Gas 4,806Electric 9,596Water/Sewer 671Telephone 3,490Data Lines 2,524
Other ServicesPostage and Freight 2,416Advertising 5,799Printing and Binding 6,712Bank Card Services 4,618Refuse Removal 3,490Alarm Systems 9,826Contract Labor-Recreation 11,571Other Services 5,521
Total Other Services 49,953
Materials and SuppliesPrinted Forms 228Office Supplies 1,503Computer Equipment Parts 1,611Communication Equip Supplies 537
Audio Visual Supplies 268Custodial Supplies 4,564Safety Supplies 1,450Locks, Key, Security Supplies 1,074Turf Care & Landscape Supplies 2,953Gasoline and Oil 3,383Horticulture Stock & Supplies 2,175Lumber and Building Supplies 1,611Fencing Supplies 1,342Sign Supplies 10,739Vehicle Parts 215Maintenance Parts 698Amusement Ride Parts 12,054Plumbing, Electrical, Heating Supplies 967Paint Supplies 1,879Asphalt and Paving Materials 3,490Small Tools 2,121Furniture and Fixtures-Building 134Furniture and Fixtures-Parks 21,746Animal Purchases 1,691Animal Feed & Supplies 12,242Exhibit/Demonstration Supplies 6,175Training Supplies 107Recreation Program Materials 36,934Other Materials and Supplies 4,376
IV. The amount to be raised by Tax Levy for the Purpose of Organizing and Maintaining a Police System within the Parks and Playgrounds Maintained by the District: (Authority 70 ILCS 1205/5-9)
Amount to be RaisedSalaries and Wages
Full Time Personnel 346,447Part Time Personnel 165,564
Total Salaries and Wages 512,011
Employee BenefitsHealth Insurance 95,333
Total Employee Benefits 95,333
Other Employee BenefitsTravel Expenses 6,514Employee Training & Seminars 5,651Employee Physicals & Testing 1,702Uniforms 6,107Licenses, Dues, Memberships 2,957Other Employee Expense 204
Total Other Employee Benefits 23,133
UtilitiesNatural Gas 1,221Electric 4,397Water/Sewer 1,547Telephone 4,279Data Lines 3,745
Other ServicesRadio Communication Services 33,871Postage 814Printing and Binding 814Legal Notices 122Refuse Removal 130Alarm Systems 1,506Police Contracts 8,061Other Services 18,784
Total Other Services 64,103
Materials and SuppliesPrinted Forms 326Office Supplies 2,850Computer Equipment Parts 2,443Communication Equip Supplies 814Custodial Supplies 366Safety Supplies 1,221Locks, Key, Security Supplies 204Gasoline and Oil 21,984Building Supplies 244Vehicle Parts 4,071Plumbing & Electrical Parts 407Paint and Supplies 81Furniture and Fixtures Building 285Police Equipment-Ammunition 2,198Other Police Equipment 6,208Training Supplies 1,628Recreation Program Materials 2,036Other Materials and Supplies 407
Total Materials and Supplies 47,774Miscellaneous Expense
Capital ExpendituresBuilding 5,292Fixtures and Furniture 611Equipment-Technology, Comm,Sec 20,632
Total Capital Expenditures 26,535
Other ExpensesOperating Transfers Out 14,656
Total Other Expense 14,656
Total Police/Security Fund 830,000
V. The amount to be raised by Tax Levy for Illinois Municipal RetirementPurposes: (Authority III. Rev. Stat., 40 ILCS 5/7-171)
Amount to be Raisedby Taxation
Total Illinois Municipal Retirement Fund Levy 800,000
VI. The amount to be raised by Tax Levy for Social Security Purposes: (Authority Ill. Rev. Stat. 40 ILCS 5/7-171)
Amount to be Raisedby Taxation
Total Social Security Fund Levy 800,000
VII. The amount to be raised by Tax Levy for Comprehensive Insurance: (Authority III. Rev. Stat., 745 ILCS 10/9-107)
Amount to be Raisedby Taxation
Total Liability Fund Levy 355,000
VIII. The amount to be raised by Tax Levy for Audit Expenses: (Authority III. Rev. Stat., 50 ILCS 310/9)
Amount to be Raisedby Taxation
Total Audit Fund Levy 33,000
IX. The amount to be raised by Tax Levy for Bond Retirement Purposes: (Authority Article 6 of the Park District Code, Act 1205)
Amount to be Raisedby Taxation
Total Bond and Interest Fund Levy 7,458,820
X. The amount to be raised by Tax Levy for the Purpose of Expenses Related to Special Recreation Programs and Facilities:
Amount to be Raisedby Taxation
Total Special Recreation Fund Levy 1,020,522
SUMMARY OF 2015 TAX LEVY
I. Total Tax Levy for General Corporate Purposes 6,286,654II. Total Tax Levy for Recreation Program Purposes 3,630,000III. Total Tax Levy for Museum Purposes 850,000IV. Total Tax Levy for Police Purposes 830,000V. Total Tax Levy for IL Municipal Retirement Purposes 800,000VI. Total Tax Levy for Social Security Purposes 800,000VII. Total Tax Levy for Insurance Purposes 355,000VIII. Total Tax Levy for Audit Purposes 33,000IX. Total Tax Levy for Bond Retirement Purposes 7,458,820X. Total Tax Levy for Special Recreation Purposes 1,020,522
TOTAL AMOUNT LEVIED 22,063,996
AYES:
NAYS:
Absent and not voting:
SECTION 5: If any item or portion hereof of this ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portion of such item or the remaining portion of this ordinance.
SECTION 6: All ordinances or parts of ordinances in conflict herewith, or any action thereof, are hereby modified or repealed.
SECTION 7: This ordinance shall take effect and be in full force and effect immediately on and after its passage and approval, as provided by law.
ADOPTED this 14th day of December, 2015 purusant to a roll call vote as follows:
SECTION 2: That the sum of Twenty-Two Million, Sixty-Three Thousand, Nine Hundred and Ninety-Six and 00/100 Dollars (22,063,996) ascertained as aforesaid, be, and the same is hereby levied and assessed on all property subject to taxation within the Fox Valley Park District according to the value of said property as the same is assessed and equalized for State and County purposes for the current year.
SECTION 3: That there is hereby certified to the County Clerks of Kane, DuPage, Kendall and Will Counties, Illinois, the several sums aforesaid constituting Twenty-Two Million, Sixty-Three Thousand, Nine Hundred and Ninety-Six and 00/100 Dollars (22,063,996) which said amount the said Fox Valley Park District requires to be raised by taxation for the current fiscal year of said Park District, and the Secretary of said district is hereby ordered and directed to file with the County Clerks of said Counties on or before the time required by law, a certified copy of this Ordinance.
SECTION 4: That the County Clerks of Kane, DuPage, Kendall and Will Counties, State of Illinois, be and are hereby directed as provided by law to ascertain the rate percent which, upon the total valuation of all property subject to taxation within the Fox Valley Park District as the same is assessed and equalized for state and county purposes, will produce a net amount as herein legally levied and to extend such tax pursuant to the statute.
FINANCE AND ADMINISTRATION DATE: December 14, 2015 TO: Jim Pilmer, Executive Director FROM: Diana Erickson, Director of Finance and Administration RE: Merchant Card Processing Services The Park District retains a merchant card processor for all of the credit card transactions resulting from fitness memberships, program registrations and all other transaction through our registration system. This contract expired August 2015. As a result of the expiration, we went out to bid on these services and received seven qualified quotations. Pricing is just one factor in the processing of these transactions. We heavily rely on reporting, customer service accessibly and responsiveness. All of the respondents were asked to submit information regarding their organization, customer care, reporting and references to help us determine the best qualified solution including transaction fees. Annually the fees have averaged $12,200 per month or $146,000 annually. We are recommending the Old Second National Bank in Aurora, Illinois as our new processor with an estimated savings of 25% or approximately $36,000 per year. The Old Second National Bank has competitive transaction fees which are less than our current vendor and the proximity, customer relations and established relationship are all factors in our recommendation. I recommend to the Board of Trustees approve entering into a contract with the Old Second National Bank for merchant card services.
11.3
FINANCE AND ADMINISTRATION DATE: December 14, 2015 TO: Jim Pilmer, Executive Director FROM: Diana Erickson, Director of Finance and Administration RE: Vaughan Athletic Center Fitness Equipment Bid Approval The 2015/16 budget includes $95,000 for replacement of fitness equipment for the VAC. The nine treadmills and four stair climbers are nearing the end of its lifecycle due to age and normal wear and tear. A request for proposal was developed for nine treadmills and four stair climbers. Of the seven bidders who responded two are recommended for approval (see attached bid tabulations). The recommendation for the nine treadmills is Technogym B for $70,008. While it is not the lowest bidder these machines are proven to be more durable, quieter, user friendly and energy efficient than the bidders recommendations. The recommendation for the four stair climbing machines is Lifefitness A for $31,876, which is the same brand of equipment our customers are familiar with. These machines have also proven to more to durable an enhanced screen. With the trade in value of this equipment net will be under budget at $87,340.
I recommend to the Board of Trustees to approve the purchase of fitness equipment from bids received for Vaughan Athletic Center in the total amount of $101,884 less approximate trade in value for a net of $87,240.
11.4
Quantity Type Cybex Lifefitness A Lifefitness B Matrix Technogym A Technogym B Star Trac
Trade-in Value $4,200 $8,225 $8,225 $7,500 $6,300 $6,300 $5,975
Total $63,510 $93,734 $81,761 $58,774 $59,012.19 $63,708.12 $72,275
2015 Fitness Equipment Bid- Vaughan Athletic Center
RECREATION DATE: December 14, 2015 TO: Jim Pilmer, Executive Director FROM: Jaime Ijams, Superintendent of Recreation RE: Outdoor Aquatic Center Operating Agreement Jeff Ellis and Associates has provided management services for the Fox Valley Park District outdoor aquatic centers since 2004. The original service agreement provided for Ellis management personnel to oversee day-to-day operations at both outdoor aquatic facilities and facilitate the training of lifeguards and support staff including oversight of safety and aquatic staff administration and communications. The agreement was expanded through an amendment in 2007 with Jeff Ellis Management (JEM) to include the hiring, human resources, and payroll management of aquatic employees incorporating lifeguards, cashiers, and swim instructors as JEM employees. This involves approximately 300 aquatic employees between the outdoor aquatic centers and the VAC. VAC aquatics, is managed pursuant to a separate FVPD/JEM agreement. The most recent agreement for outdoor aquatics operations was approved at a December 9, 2013 board meeting for a three-year period with an additional three-year provision that would extend services through the 2018 season. The annual management and labor fees are proposed to remain at the current (2015) rates throughout the three year extension period. The agreement and proposed amendment is attached. A thorough staffing and cost analysis was conducted to determine the feasibility of the District self-operating the aquatic function. It is estimated that the District would save approximately $3,000-5,000 in labor costs annually by outsourcing this function to Ellis in addition to administrative time savings particularly in hiring, personnel and payroll administration. The District is currently in the process of considering changes at the aquatic centers. Should any of these changes impact the operation such as hours of operation, length of season or closure- there is a clause in the amendment that would provide the fees to be reduced based on the direct allocation of costs. This is outlined in the agreement and amendment. I recommend to the Board of Trustees approve the amendment to the agreement with Ellis and Associates exercising the option to extend the operating agreement for the outdoor aquatic centers for three years (through the 2018 season).
11.5
AMENDMENT TO SERVICE AGREEMENT BETWEEN FOX VALLEY PARK DISTRICT AND JEFF ELLIS AND ASSOCIATES, INC. for Outdoor Aquatic Centers This Amendment is made this ____ day of December 2015 by and between FOX
VALLEY PARK DISTRICT, an Illinois Special District, as agent pursuant to an agreement with
the City of Aurora (“Owner”) and JEFF ELLIS AND ASSOCIATES, INC. (“Manager”),
amending certain terms of existing service agreement (dated December 1, 2013) between Owner
and Manager relating to the Philips Park and Splash Country aquatic centers (collectively, the
“Outdoor Aquatic Centers”; also referred to collectively as the “Facilities”). For these purposes,
the provisions of this Amendment is expressly intended to include operations at both Facilities
and the existing agreement thereto (collectively, the “Agreement”). The parties acknowledge
that there are provisions for a separate agreement relating to the Vaughan Athletic Center.
1. Extension of Term. The parties agree that the term of the Agreement, is further extended
by this Amendment for a period of three years, commencing on May 1, 2016 and ending at
the conclusion of the 2018 outdoor aquatic operating season. The compensation and fees to
be paid hereunder shall remain at the same level as set for 2015, namely, total annual
compensation budget of $300,000, payable in four installments of $75,000 in each month of
May, June, July and August of each year hereof and an annual Management Fee of $50,000,
payable in four monthly installments of $12,500 in each month of May, June, July and
August of each year hereof.
2. No Other Extension or Renewal Options. The renewal option referenced in Section 5.01
of the Agreement and prior amendments is hereby eliminated.
1
3. Original Agreement Continues. It is intended by the parties that the Agreement, as
previously amended, shall, except as further modified by the terms hereof, continue in their
present form for the extended terms set forth herein and the other provisions of the Agreement
shall be and continue in full force and effect, except as expressly modified herein. The parties
ratify and confirm that all contractual indemnity, insurance coverage, hold harmless provisions
and obligations of Manager as contained in the original agreement shall be in effect and continue
for the extended term established hereunder. Parties understand that the outdoor aquatic centers
are currently undergoing a study which may impact future operations. Both parties acknowledge
that should the operations of the outdoor aquatic centers be amended during this period of
“extension” such as for a closure, renovation or change in operations- that the management and
labor fees will be revised in accordance with its attributable fees.
IN WITNESS WHEREOF, the parties have executed this Amendment to service
agreement this ____ day of _________________, 2015.
OWNER: MANAGER:
FOX VALLEY PARK DISTRICT JEFF ELLIS AND ASSOCIATES, INC.
By:___________________________ By:_________________________ Robert Vaughan, Its President Jeff Ellis, Its President
2
SERVICE AGREEMENT
BETWEEN
FOX VALLEY PARK DISTRICT
AND
JEFF ELLIS MANAGEMENT, LLC
Reference RECITALS ARTICLE 1- INTERPRETATION 1.1 “COMMENCEMENT DATE” 1.2 “EQUIPMENT” 1.3 “HOURS OF OPERATION” 1.4 “MANAGEMENT FEE” 1.5 “NOTICE” 1.6 “PATRONS” 1.7 “RECREATION FACILITIES” 1.8 “SERVICES” ARTICLE 2 - APPOINTMENT AND PAYMENT OF FEES AND COSTS ARTICLE 3 MANAGER’S OBLIGATIONS 3.1 SERVICES TO BE PROVIDED BY THE MANAGER 3.2 MANAGER’S EMPLOYEES 3.3 DELEGATION 3.4 DAY TO DAY OPERATIONS 3.5 USE OF THE RECREATION FACILITIES 3.6 MAINTENANCE STANDARDS 3.7 NO UNAUTHORIZED USE OF THE RECREATION FACILITIES 3.8 NUISANCE 3.9 INDEMNITY 3.10 INSURANCE 3.11 STATUTORY REQUIREMENTS AND LICENCES 3.12 SERVICES RESTRICTED TO DESIGNATED AREAS 3.13 NO ALTERATION 3.14 NOTIFICATION 3.15 NOTICE ARTICLE 4 - OWNER’S OBLIGATION 4.1 OWNER 4.2 LICENSE TO ENTER THE RECREATION FACILITIES 4.3 ACCESS TO AND FROM THE RECREATION FACILITIES 4.4 ADMINISTRATION OFFICE 4.5 SUPPLY OF TOOLS, EQUIPMENT AND MATERIALS 4.6 DELIVERY OF TOOLS, EQUIPMENT AND MATERIALS 4.7 SIGNAGE
4.8 IDENTIFICATION BADGES4.9 PATRON LISTS 4.10 PARKING 4.11 SECURITY 4.12 EXCLUSIVITY 4.13 PAYMENTS ARTICLE 5 -OPTION 5.1 OPTION TO RENEW ARTICLE 6- TERMINATION 6.1 TIME OR NOTICE 6.2 FUNDAMENTAL BREACH 6.3 INSOLVENCY ARTICLE 7 - MISCELLANEOUS 7.1 WARRANTY 7.2 RECEIPT 7.3 FORCE MAJEURE 7.4 SEVERANCE 7.5 WHOLE AGREEMENT 7.6 NOTICES 7.7 HEADINGS 7.8 JOINT AND SEVERAL 7.9 ASSIGNMENT 7.10 GOVERNING LAW 7.11 RIGHTS CUMULATIVE 7.12 WAIVER 7.13 STATUS OF MANAGER 7.14 COSTS 7.15 THIRD PARTY BENEFICIARIES SIGNATURE PAGE FIRST SCHEDULE RECREATION SERVICES RECREATION FACILITIES SECOND SCHEDULE . TOOLS, EQUIPMENT, & MATERIALS
THIS AGREEMENT is made the1st day of December, 2013, BETWEEN the Fox Valley
Park District, an Illinois Park District, a special district and unit of local government (hereafter called
“the Owner” or “FVPD”), and Jeff Ellis Management, LLC, incorporated in the state of Texas
(hereinafter called “the Manager”), for the purpose of managing the Splash Country and Phillips Park
Aquatic Centers (sometimes hereinafter referenced collectively as the “Outdoor Aquatic Centers” or
“Recreation Facilities” and individually as “Splash Country” or “Phillips Park” aquatic center.
RECITALS
WHEREAS:
(A) The Owner owns the Outdoor Aquatic Centers and the facilities therein.
(B) The Manager is in the business of providing managers and training lifeguards and agrees to
provide the Owner such Services (as more particularly described in the First Schedule hereto)
upon the terms and conditions hereinafter contained.
NOW THEREFORE IT IS HEREBY AGREED as follows:
ARTICLE 1 - INTERPRETATION
In this Agreement where the context so admits the following terms shall have the following
meanings:
1.1 “Commencement Date”: the 1st day of May, 2014.
1.2 Term: This agreement will end at the conclusion of the 2015 outdoor aquatics season to be
no later than September 30, 2015.
1.3 “Equipment”: the items briefly described in the Second Schedule hereto and any
replacements or additions thereto.
1.4 “Hours of Operation”: During the months of June, July, August and September each summer
of the term:
• 11:30 a.m. to 7 p.m. Monday – Friday ( First weekend in June (both aquatic centers through
the 2nd weekend of August for Splash and through the 3rd weekend of August for Phillips
and then weekends only and Labor Day at Phillips through Labor Day. )
• noon – 7:00 p.m. Saturday and Saturday
• 10:00 p.m. – 5:00 p.m. July 4th and Labor Day
• Closed after Labor Day
Hours of Operation may be adjusted by mutual agreement of the parties.
Rentals and scheduled events may be held outside of the regular operating hours.
1.4 “Management Fee”: the fee paid in accordance with the 2.2.1 below.
1.5 “Notice”: notice complying with the terms of 7.6.
1.6 “Patrons”: individuals utilizing the facilities offered by the Fox Valley Park District and
services provided by The Manager. Said facilities and services are more particularly
described in the First Schedule hereto.
1.7 “Recreation Facilities”: the outdoor aquatic facilities and amenities owned by the Fox Valley
Park District at Splash Country and Phillips Park used for aquatics purposes and more
particularly described in the First Schedule hereto.
1.8 “Services”: the services provided by the Manager as more particularly described in Article 3
and the First Schedule hereto.
ARTICLE 2 - APPOINTMENT AND PAYMENT OF FEES AND COSTS
2.1 The Manager shall provide managers to provide aquatic safety programs in accordance with
the Ellis Standard Guidelines per 3.2 hereof, and supervised lifeguard operations
of the Outdoor Aquatic Centers.
2.2 In consideration of the Services, the Owner agrees to pay the Manager, the following fees
pursuant to the discharge of management services described in this service agreement:
2.2.1 The Manager shall receive an annual Management Fee of $48,800 for 2014 and
$50,000 for 2015, payable according to the provisions of 2.2.2 below.
2.2.2 The Owner will pay in equal amounts of $12,200 on the first day of each month of
May, June, July and August in 2014 and likewise in the amount of $12,500 on each
of those days in 2015.
2.3 Manager shall be compensated for general employment-related expenses at the Facilities
under annual compensation budget in the following manner:
The parties acknowledge that for Owner’s fiscal years 2014 and 2015 (beginning May 1, 2014), the budget for the foregoing employment-related expenses are as follows: Outdoor Aquatics Centers 2014 2015 Total compensation including all payroll, Taxes, benefits, and fees: $292,000 $300,000
Manager shall bill owner annually in four monthly installments each due on the first day of the following months: May, June, July and August, with the first installment beginning on May 1, 2014. For 2014, each monthly installment shall be $73,000 and for 2015 each monthly installment shall be $75,000. Should regular operating hours and/or the length of the season be revised, the compensation budget contemplated herein shall be adjusted on a
prorated hourly/daily rate to reflect the change. Adjustments to the operating hours and associated compensation will be mutually agreed upon via written attachment to this agreement referred to as “Attachment A”. Each month, by the 10th day following the prior month end, the Manager shall submit to Owner a reconciliation establishing whether the budgeted amount was in excess of the actual expenditures, including a payroll summary listing total number of hours worked and paid at each location and by each job position classification. In the event that the Recreation Centers are closed or partially closed on any days of scheduled summer operation due to inclement weather, low attendance, or maintenance-related causes, Owner will be reimbursed by Manager for the payroll savings in excess of five percent (5%) based on the annual compensation budgeted amount. Such payroll savings below the annual budgeted amount shall be remitted to Owner by Manager by September 30th of such year. Additionally, each year at the close of the outdoor aquatic season, on or before September 30th of each year for the Outdoor Aquatic Centers, Manager shall provide Owner with payroll detail, subject to an independent audit, specifying total payroll expenses for each Facility location to also include employee names, hourly rate of pay, and number of hours worked by position. The specific payroll budget as noted applies to the 2014 and 2015 operating seasons. The compensation amount includes all minimum wage increases, as well as required taxes, benefits, and all managers payroll related expenses for all contemplated employees, including, but not limited to lifeguards, cashiers, and supervisors and includes regular hours, as well as time for training required herein.
In the event of emergency or change in the District workforce, the Manager
may request to add performance of aquatic facility pool maintenance functions (i.e. testing, monitoring, etc.) through an addendum to this Agreement, the specific terms of which shall be subject to the mutual agreement of the parties.
2.4 Program-Specific Labor Costs Each year in advance of program scheduling, current fiscal year program worksheets shall be completed and submitted to Owner for approval. After approved program completion, the Manager shall bill the Owner for the program-specific instruction costs. Billable programs include Youth Swim Lessons, Adult Swim Lessons, Water Fitness Programs, Master Swim, or other general instructional or recreational programs. The program-specific labor is defined as the gross wages for instructors & program coordinator plus a 20% administrative fee to include all taxes, workman’s compensation, liability insurance, and payroll processing fees. This labor is exclusive of any facility
rentals and or special events held at the facility after regular operating hours. Detailed documentation must accompany the bill including the program name, course number(s), class lists with fees paid, names of employees at each position in the program, number of hours worked per position, rate of pay per position, and gross wages paid. The Owner reserves the right to review and approve in advance or disapprove of position pay rates for each budget period as well staffing plans of Manager. Manager shall staff in accordance with JEM quality and safety standards. In the event any position pay rates are not approved by Owner, Manager shall not offer the programs to which such positions apply and the programs shall not be staffed by Manager until pay rates are resolved between the parties for such programs.
2.5 After Hour Events/Rentals
Manager will bill Owner directly for rentals and events that are scheduled and held outside of the regular operating hours of the aquatic centers such as for corporate or family outings and picnics. After hour rates for seasons 2014 and 2015 for Splash Country are $217per hour and $185 per hour at Phillips Park for staffing the entire center with all amenities in progress. In the event that the rental customer does not request or need full use of the aquatic center, the Manager’s fees will be reduced as mutually agreed within a rental agreement between Owner and Manager based on established pool staffing requirements and standards.
ARTICLE 3 - MANAGER’S OBLIGATIONS
In consideration of payment by the Owner to the Manager, the Manager shall, from the
Commencement Date throughout the Term of this Agreement, do or cause the following to be done:
3.1 Services to be provided by the Manager
Manager will provide the following professional services for the client's Recreation Facilities’ aquatic facilities (and only aquatic-related activities and areas within the facility): 3.1.1 Manage the Recreation Facilities in accordance with the budget, mission, and service desires of Owner. The Manager shall prepare an aquatic facility business plan covering the outside Recreation Facilities as well as the Vaughan Athletic Center aquatic facility. For these purposes, the business plan shall include a programming plan (“Programming Plan”) that includes the proposed scheduling of swim lesson programs, camps and events, in accordance with Manager guidelines all of which shall be subject to review and approval by the Owner. An emphasis should be placed on
providing quality swim instruction programs and camps or other events to meet the demands of FVPD residents, while maximizing the use of pool space and instruction time. Manager will provide course information required for publicizing in FVPD promotional materials and will input accurate course descriptions and information into the FVPD registration system and require registration and payment of fees of all participants to be completed through the FVPD registration process, with FVPD collecting all program and event registration fees. 3.1.2. Manage and fully staff Recreation Facilities’ daily aquatic operations and scheduled “after hours events and rentals” with employees pursuant to industry safety standards and in accordance with the published aquatic programs/services in the Recreation Facilities aquatic facilities business plan and adhere to the FVPD revenue and fee policy and safety standards in determining minimum and maximum number of student participants (minimum and maximum numbers shall be subject at all times to review and approval of Owner). 3.1.3. Assist FVPD staff to market and sell Recreation Facilities recreational, instructional and competitive aquatic programs and events as well as rental opportunities to individuals, families, corporate and institutional community customers. 3.1.4. Provide professional aquatic safety training for all Recreation Facilities lifeguard employees in the National Pool and Waterpark Lifeguard Training Program to assure maximum safety/protection for swimmers who frequent Recreation Facilities aquatic attractions/facilities. 3.1.5. Provide professional aquatic safety training for all swimming instructors in the Jeff Ellis Swimming Program to assure all Recreation Facilities swimming classes meet the highest quality industry standards. 3.1.6. Develop and implement a comprehensive Emergency Action Plan for the maximum protection of swimmers who frequent Recreation Facilities aquatic attractions/facilities. 3.1.7. Secure, implement and administer out-sourced aquatic programs including, but not limited to, aquatic exercise, SCUBA, competitive swimming, diving, synchronized swimming and water therapy activities. 3.1.8 Schedule and administer creative aquatic recreational programs to enhance overall FVPD customer experience. 3.1.9 Schedule and administer recreational swimming schedules that afford maximum use of all Recreation Facilities aquatic attractions/facilities. 3.1.10 Schedule and administer private attraction/facility rentals for families and other groups that are coordinated into regularly scheduled activities to maximize use of all Recreation
Facilities aquatic attractions/facilities and increase overall sales revenue for the Recreation Facilities.
3.1.11 Operate, maintain, and provide the necessary training of lifeguards to ensure safety at the Recreation Facilities during the Hours of Operation for the benefit and enjoyment of the Patrons to the reasonable satisfaction of the Owner.
3.1.12 The Manager shall develop and administer all aquatic programs, events, and camps
on behalf of the Owner. 3.1.13 The Manager agrees to work with all designated representatives of the Owner to
enhance the overall aquatic recreational experience for guests frequenting the Recreation Facilities.
3.1.14 The Manager assumes responsibility for closing an aquatic facility due to
health/sanitation issues, threatening weather or other safety issues that pose danger to Recreation Facilities guests.
3.2 Manager’s Employees. Manager shall perform the following functions, in addition to the
functions set forth in Schedule 1 hereto:
3.2.1 Manager shall hire such necessary lifeguards, cashiers, swim instructors, birthday party attendants and coordinators, events attendants, coordinators, supervisors, managers, team leaders and other employees hired to perform aquatic operations (collectively, “Aquatic Operations Employees”) as are required to adequately staff the Facilities during all presently scheduled operating hours. The parties note that Aquatic Operations Employees will continue to clean locker rooms, empty trash containers, perform general deck and entryway cleaning, and conduct parking lot litter pick up. Cashiers/managers will count cash, complete cash deposits, and verify in and out cash transactions. Other than park/facility maintenance functions, these positions shall be staffed by Manager through employees of Manager hired for this purpose. All such employees shall be employed by the Manager and expressly shall not be employees of Owner notwithstanding any other provisions herein contained. Manager, at its sole expense, shall conduct appropriate background checks regarding the employees sought to be hired by Manager for the positions contemplated hereunder and all other staffed positions for which Manager is responsible under the Agreements. Manager shall ensure that no employee is hired by Manager who is determined through the background check to have an unacceptable prior history of criminal acts or other involvement in improper activities, which, in accordance with Illinois Park District Code Section 8-23 would disqualify such person from
employment by a park district. Owner shall advise Manager from time to time of any other standards adopted by Owner and applicable to employees of Owner and Manager shall apply such standards to all employees of Manager employed at the Facilities. Manager shall adequately staff the positions for Aquatic Operations Employees to permit uninterrupted operations at the Facilities. For the purposes of this service agreement the Manager agrees to provide management personnel to administer and manage the day to day operations for the aquatic operations at the Outdoor Aquatic Centers.
3.2.2 Employ and pay sufficient supervisory staff in order to provide the Recreation
Services to the reasonable satisfaction of the Owner. 3.2.3 The Manager shall train and license all safety employees in the National Pool and
Waterpark Lifeguard Training Program and/or Jeff Elllis Swimming Program. This group of employees includes attendants, lifeguards, lifeguard supervisors, swimming instructors, first aid personnel and duty managers employed by it.
3.2.4 Ensure that all persons employed by it in connection with the provisions of the
services shall be efficient, not under the influence of alcohol or drugs, and honest and shall be suitably qualified to provide the Services, including (but without limiting the forgoing) qualified in the administration of First Aid, including Cardio Pulmonary Resuscitation.
3.2.5 Ensure that the Manager’s Employees undergo such training as may be necessary to
enable them to carry out their respective duties in accordance with this Agreement and to provide safe, pleasant, courteous and conscientious service to the Patrons, residents of and visitors to the aquatic facilities and shall also comply with the Owner’s behavior management policies in effect. Owner will provide cashier and GEM training each season.
3.2.6 Provide adequate supervision and coordination of the Manager’s employees and
ensure that the Manager’s employees shall abide by the rules, regulations and guidelines set from time to time by the Owner, and the Manager will not employ or shall cease to employ any person to whose employment reasonable objection is taken by the Owner.
3.2.7 Ensure that the Manager’s employees on duty are dressed in proper uniform and carry
an identification badge as shall be approved by the Owner from time to time. The uniform shall be supplied and maintained by the Manager.
3.2.8 The Owner requires the Manager to provide aquatic safety, operational, instructional,
general sanitation and risk management services for day to day operation of Outdoor Aquatic Centers.
3.2.9 The Manager shall provide day to day scheduling and supervision for all attendants,
lifeguards, lifeguard supervisors, swimming instructors, first aid personnel and duty managers employed by the Owner.
3.2.10 The Manager agrees to conduct and supervise all in-service safety training sessions
for its employees . All employees are required to attend a minimum of four (4) hours of in-service training per month. The Manager agrees to create and maintain records of said training as and Manager will provide Owner copies of said documentation.
3.2.11 The Manager agrees to provide supervision of the employees consistent with the
published guidelines and employment practices of the Owner. 3.2.12 Manager agrees to designate a liaison representative to comply with meeting requests
submitted by the Owner on a weekly basis.
3.3 Delegation
The Manager may not delegate any duties or obligations arising under this Agreement, except
as may be expressly permitted by its terms or agreed upon in writing by the Owner.
3.4 Day To Day Operations
3.4.1 The Manager shall assign one of its professional managers to service day to day
operations as directed by the Owner and during all hours of operation.
3.4.2 The Owner and the Manager agree that day to day operations for the Recreation
Facilities aquatic facilities remain the exclusive responsibility of the Manager.
3.5 Use of the Recreation Facilities
Follow and implement any policies or regulations of the Owner from time to time in force
regarding the use of the Recreation Facilities to which the Services relate, and to use its own
best efforts to ensure the safety of the Patrons when using the Recreation Facilities, including
(but without limitation) ensuring that during the Hours of Operation are adequately
supervised in accordance with the provisions of the Illinois Swimming Pool Code and
Bathing Beach Code, and furnished with any necessary medical, rescue and safety equipment
in order to comply with these obligations.
3.6 Maintenance Standards
Keep the Recreation Facilities aquatic areas in a clean and well maintained condition, subject
to the reasonable satisfaction of the Owner.
3.6.1 The Owner, agrees to be responsible for the physical maintenance for operating
purposes: chemical balancing, pump repair, and other related functions.
3.6.2 The Manager agrees to assume responsibility for day to day general sanitation for the
aquatic areas. This includes general cleaning of pool decks, locker rooms, eating
areas, trash maintenance and to perform other general sanitation tasks as requested by
the Owner and as further set forth in Schedule 2, attached hereto.
3.7 No unauthorized use of the Recreation Facilities
The Manager is not authorized to offer Recreation Facilities aquatic facilities and services,
identified in the First Schedule, which have not received the prior and continuing approval of
the Owner. Manager agrees to provide Owner with a listing of its employees who are issued
keys and alarms codes to each facility and required computer/control access. Keys shall be
returned to Owner at the completion of each season.
3.8 Nuisance
Not allow, permit or suffer to be done by the Manager’s employees at the Recreation
Facilities or any part thereof anything which may be or become a nuisance or annoyance, or
which could cause damage to the Owner and any property of the Owner, provided that the
performance of the Recreation Services as outlined in the First Schedule shall not be deemed
to be a contravention of this provision.
3.9 Indemnity
The Manager, Jeff Ellis, agrees to indemnify and hold harmless the Owner, its officers,
employees, and officials, (and at the Owner’s discretion the Manager will provide defense or
pay for legal counsel selected by the Owner to represent the Owner and its officers, officials,
and employees) for, from and against all claims, actions, or causes of actions, losses,
damages, liabilities, costs and expenses, including costs, attorneys’ and paralegals’
fees, and fees of experts, claimed against, imposed on or incurred by the Owner in
connection with any and all loss of life, bodily injury and damage to property which arises,
relates, or pertains to, directly or indirectly, the Manager’s acts or omissions (including
negligent acts or omissions) pertaining to the Manager’s performance pursuant to this
Agreement, with respect to the Manager’s performance of the Recreation Aquatic
Management Services as identified in the First Schedule, and the use of the tools, equipment
and materials as identified in the Second Schedule. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege
enjoyed by the Owner. Nothing in this Agreement shall be construed to inure to the benefit
of any third party or as consent by the Owner to be sued by third parties in any matter arising
out of this Agreement or any other contract.
3.10 Insurance
The Manager shall procure and maintain for the duration of and in full compliance with the
contract insurance against claims for injuries to persons and damage to property which may
arise from its performance under this Agreement in connection with the delivery and supply
of the tools, equipment and materials identified in the Second Schedule, and in its
performance of its duties concerning the Recreation Services as identified in the First
Schedule with the Owner as an additional insured, the Owner’s agents, representatives,
officers and employees. The cost of such insurance shall be borne by the Manager.
3.10.1 Minimum Scope of Insurance.
A. Commercial General Liability, including:
1. Premises and Operations.
2. Products and Completed Operations Coverage.
3. Blanket Contractual Liability Coverage, (see Hold Harmless
Agreement below).
4. Independent Contractors.
5. Broad Form Property Damage.
6. Personal Injury Liability.
7. Fire Legal Liability Coverage.
8. Incidental Medical Malpractice Coverage.
B. Automobile Liability Insurance, including:
1. Owned Automobiles.
2. Non-owned Automobiles.
3. Hired Automobiles.
C. Workers’ Compensation Insurance.
D. Employer’s Liability Insurance.
3.10.2 Minimum Limits of Insurance.
A. Commercial General Liability:
$5,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage.
B. Automobile Liability:
$300,000 combined single limit per occurrence for bodily injury and property
damage arising from the operations of all owned automobiles, non-owned
automobiles and hired automobiles.
C. Workers’ Compensation:
Workers’ Compensation insurance as required by the State of Illinois.
D. Employer’s Liability:
$1,000,000 limit per occurrence; $1,000,000 annual aggregate for disease;
and, $1,000,000 limit for disease of an individual employee.
3.10.3 Deductibles and Self-Insured Retentions
A. Deductibles/Self-Insurance Retentions Defined:
All deductibles and self-insured retentions must be shown clearly on the
Certificates of Insurance and approved by the Owner.
3.10.4 Other Insurance Provisions
All insurance policies shall contain the following provisions:
A. Additional Insured and Certificate Holder clause:
All insurance shall include as Additional Insured and Certificate Holder the
Owner. There are not to be any special limitations on the protection being
provided to the Owner, its officials, officers, employees or volunteers.
B. Manager’s Insurance is Primary:
The Manager’s insurance coverages shall be primary insurance with respect
to the Owner’s, its officials’, officers’, employees’, and volunteers’
insurances. Any insurance and self-insurance maintained by the Owner, its
officials, officers, employees, or volunteers shall be excess of the Manager’s
insurances and shall not contribute with it.
C. Coverage Guaranteed:
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Owner, its officers, officials, employees or
volunteers.
D. Occurrence Basis:
The Manager’s insurances shall be on an occurrence basis as opposed to a
claims-made basis.
E. 30 Days Notice:
The following clause shall be included in all policies:
This policy shall not be suspended, voided, or cancelled by Manager, or a
reduction or revision in coverage or limits of coverage except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been
given the Owner.
F. Separation of Insured:
The definition of insured shall read as follows:
The insurance afforded applies separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
company’s liability. The company, in this context, is the Manager’s
insurance company. If no such definition of the insured is quoted in the
insurance, the Manager must provide “Cross Liability Clause” or
“Severability of Interests Clause” endorsements for all liability insurances.
3.10.5 Acceptability of Insurance Company.
A. Best Rating:
Insurance coverage must be with a company with a Best’s Rating A.VII or
better.
B. Illinois State Licensed:
All insurance policies and bonds herein required of the Manager shall be
written by a company authorized and licensed to do insurance business in the
State of Illinois and be executed by agents licensed as agents by the State of
Illinois.
3.10.6 Verification of Coverage
A. Certificates and Endorsements Provided:
The Manager shall furnish the Owner with a Certificate of Insurance with
original endorsements affecting coverage. The certificates and endorsements
must be received and approved before any services can commence.
B. Authorized Signatures:
The certificates and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf.
C. Coverage Continuation:
Insurance coverage required in these specifications shall be in force
throughout the Agreement. Should the Manager fail to provide
acceptable evidence of current insurance within seven (7) days of
receipt of written notice at any time during the term of the
Agreement, the Owner shall have the right to consider the Agreement
breached and justifying termination thereof. If coverage on the
Certificates of Insurance is shown to expire prior to the end of the
Agreement, the Manager shall furnish Certificates of Insurance
evidencing renewal of such coverage to the Owner.
3.10.7 Hold Harmless Agreement
The Manager shall take note of the indemnity contained in this Agreement and will
obtain and maintain contractual liability insurance in adequate limits for the sole
purpose of protecting the Owner, under the indemnity provision. Further, the
Manager will notify his insurance agent without delay of the existence of the
indemnity contained within this Agreement, and furnish a copy of the Hold Harmless
Agreement to his insurers.
3.10.8 Limited Contractual Relationship
This Agreement shall not be construed as creating any contractual relationship
between any of the Manager’s contractors and the Owner. The Manager shall be as
fully responsible to the Owner for acts and omissions of all of the Manager’s
contractors and of all persons employed by the contractors, as the Manager is
pursuant to this Agreement to Owner for acts and omissions of persons directly
employed by the Manager.
3.11 Statutory Requirements and Licenses
The Manager shall ensure that all statutory or other regulatory provisions and requirements
necessary in order to provide the Services shall be complied with, including but not limited
to the Illinois Swimming Pool Code and Bathing Beach Code, any applicable business or
other licenses, and shall produce evidence of such compliance to the Owner upon request.
Furthermore, the Manager, is to ensure that all lifeguards have their appropriate licenses.
The Owner will ensure that the Fox Valley Park District has their county and state permits to
operate the Recreation Facilities.
3.12 Services restricted to designated areas
The Manager is to carry out the Recreation Services as outlined in the First Schedule only
from the designated Recreation Facilities, unless otherwise authorized by the prior written
consent of the Owner.
3.13 No alteration
The Manager agrees not to alter the Recreation Facilities, as outlined in the First Schedule, or
any part thereof, without the prior written consent of the Owner.
3.14 Notification
The Manager agrees at all times to consult with the Owner and keep the Owner fully
informed as to all matters within the contemplation of the Agreement, including but not
exclusively the following situations: immediately informing the Owner of any incident of
injury caused to the person or property of a Patron at the Recreation Facilities; immediately
informing the Owner of any material defect at the Recreation Facilities; and, immediately
informing the Owner of any complaints of Patrons which cannot be resolved in a timely
manner by the Manager.
3.15 Notice
The Manager must comply with the terms of any Notice from the Owner specifying a breach
of any of the provisions of this Agreement and requiring the breach to be remedied,
provided however that if Manager feels there has not been a breach, Manager will be
provided one week to notify the Owner before being required to remedy the breach.
ARTICLE 4 -OWNER’S OBLIGATIONS
In consideration of the Services to be rendered by the Manager under this Agreement, the Owner
agrees:
4.1 Owner
4.1.1 4.1.2 The Owner agrees to designate a liaison representative to routinely meet with
the Manager’s management team to facilitate and enhance communication between
both parties to this agreement.
4.2 License to Enter the Recreation Facilities
The Owner agrees to permit the Manager, and the Manager’s Employees, to have full non-
exclusive license and liberty to enter upon and use the area of the Recreation Facilities, for
the purpose of fulfilling its obligations under this Agreement.
4.3 Access to and from the Recreation Facilities
4.3.1 The Owner agrees to permit the Manager’s Employees, if and so far as shall be
necessary for the carriage of goods and other material and for the purpose of
providing the Aquatic Services under this Agreement, to have full and free ingress
and egress to and from the Recreation Facilities with hand carts and other vehicles.
4.3.2 At all times, the Owner assumes overall responsibility for managing main entrance
and exit areas, attending to guest relations concerns, and dealing with media
relations pursuant to the day to day operations.
4.4 Administration Office
The Owner agrees to provide reasonable office and desk space in the Recreation Facilities
and will provide office supplies for the use by the professional managers to serve as the
Manager’s on-site administration office. Such office shall be served with electricity, and
local telephone services.
4.5 Supply of Tools, Equipment and Materials
The Owner agrees to provide an adequate supply of the tools, all equipment (with the
exception of lifeguard equipment, cleaning supplies, chemicals, other general cleaning items
and materials listed in the Second Schedule hereto and to keep the same in good repair and
condition at no cost to the manager.
4.6 Delivery of Tools, Equipment and Materials
The Owner agrees to deliver the tools, equipment and materials to the Recreation Facilities as
required
4.7 Signage
The Owner agrees to erect and maintain safety and identification signage as the parties shall
mutually agree with regard to the Recreation Services and Recreation Facilities outlined in
the First Schedule.
4.8 Identification Badges
The Manager agrees to supply identification badges showing the first names of each of the
Manager’s Employees as necessary.
4.9 Patron Lists
The Owner agrees to provide the Manager with a list of Members, or other persons who are
granted access to the Recreation Facilities by the Owner, along with such other information
as may be necessary from time to time to identify the persons to whom the Recreation
Facilities are available.
4.10 Parking
The Owner agrees to provide the Manager’s Employees with parking spaces or parking areas
when on duty at the Recreation Facilities. On occasion during special events and uses of the
Recreation Facilities, and for the convenience of our customers, employees may be required
to park off-site in designated areas.
4.11 Security
The Owner agrees to have its Park Police personnel provide such assistance to the Manager
and the Manager’s Employees as may be reasonably required in the course of the Manager’s
performance of the Recreation Facilities herein contracted for.
4.12 Exclusivity
The Owner agrees to not provide or permit or suffer any other person or entity to provide any
of the Manager’s Recreation Services at the Recreation Facilities, except as already
contracted, offered, or mutually agreed upon.
4.13 Payments
The Owner agrees to pay the Management Fee to the Manager in accordance with Article 2
above.
ARTICLE 5 - OPTION
5.1 Option to renew
The Owner and Manager agree to extend the Term of this Agreement upon mutual agreement
after an evaluation at the end of the season for a further period of Three (3) years,
commencing on the day following the expiration of the Term, provided that the Manager:
5.1.1 Has observed and performed its obligations under this Agreement throughout the
Term to the reasonable satisfaction of the Owner; and
5.1.2 Requests such extension not later than Three (3) months before the expiration of the
Term.
Any such extension of the Term shall be upon the same terms and conditions as this
Agreement. The annual management and compensation fees may be adjusted as part of the
renewal and agreed upon by both parties.
ARTICLE 6 – TERMINATION
6.1 Time or Notice
This Agreement shall terminate at the expiration of the Term.
6.2 Fundamental Breach
This Agreement shall terminate upon the occurrence of any of the following events:
6.2.1 Failure by the Owner to make the payment of any sums due to the Manager under this
Agreement for a period of Ninety (90) days after such sums becoming due.
6.2.2 In the case of a breach other than with regard to the payment of sums due under this
Agreement, failure by either party to comply with a Notice of a breach requiring
rectification of such breach within Twenty-one (21) days.
6.2.3 Notwithstanding the foregoing, upon the expiration of Twenty-one (21) days from
a Notice by the Owner to the Manager notifying the Manager that it has not performed its
duties and obligations hereunder to the reasonable satisfaction of the Owner.
6.3 Insolvency
This Agreement shall terminate if either party shall go into either compulsory or voluntary
liquidation (save for the purpose of reconstruction or amalgamation), or if a receiver is
appointed in respect of the whole or any part of their respective assets and undertakings, or if
either party makes, or threatens to make, an assignment for the benefit of or composition
with its creditors.
ARTICLE 7 - MISCELLANEOUS
7.1 Warranty
Each of the parties warrants its power to enter into this Agreement and has obtained the
necessary approvals to do so.
7.2 Receipt
The receipt of money by either of the parties shall not prevent either of them from
questioning the correctness of any statement in respect of such money.
7.3 Force Majeure
The parties hereto shall be released from their respective obligations in the event that a
national emergency, a war, any trade dispute, any prohibitive governmental regulation or any
other cause beyond the reasonable control of the parties, or either of them, renders the
performance of this Agreement impossible; whereupon all money due through the date of
the event culminating in a Force Majeure under this Agreement shall be paid within Sixty
(60) days, and each party shall be liable to pay to the other damages for any breach of the
Agreement and all expenses and costs incurred by that party in enforcing its rights under this
Agreement. In the event that this Agreement cannot be performed or its obligations fulfilled
for any reason under this Article 7.3 for a continuous period of Sixty (60) days, then the non-
defaulting party may at its discretion terminate this Agreement by notice in writing to the
other party at the end of that period.
7.4 Severance
If any term or provision in this Agreement shall, in whole or in part, be held to any extent to
be illegal or unenforceable under any enactment or rule of law, then that term or provision or
part shall to that extent be deemed not to form a part of this Agreement and the enforceability
of the remainder of this Agreement shall not be affected.
7.5 Whole Agreement
The parties hereto acknowledge that this Agreement contains the whole agreement between
the parties and that such Agreement supersedes and encompasses any oral or prior written
representations or agreements made by the other party or its employees or agents and have
made their own independent investigations into all matters relevant to it.
7.6 Notices
Any Notice required to be given by either party to the other shall be in writing and shall be
served by sending the same by pre-paid first class post, telex or facsimile transmission,
or by delivering the same by hand to the following addresses:
7.7.1 If delivered by hand at the time of such delivery;
7.7.2 If sent through the U.S. mail, on the fifth day after the date of mailing; and in proving
service it shall be sufficient to prove, in the case of a letter, that such letter was
properly delivered or stamped, addressed, and placed in the mail (as the case may
be); and
7.7.3 If sent by telex or facsimile transmission or email, at the time of transmission; and in
proving service, it shall be sufficient to prove that such telex or facsimile email was
duly dispatched to a current telex or telecopy number of the addressee for the said
address for service.
7.7.4 Fox Valley Park District Jeff Ellis Management, LLC Attn: Nancy McCaul Jeff Ellis Executive Director President 101 W. Illinois Ave. 508 Goldenmoss Loop Aurora, IL 60506 Ocoee, FL 34761
7.7 Headings
The captions or paragraph titles contained in this Agreement are for convenience and
reference only and shall not be deemed a part of the text of this Agreement.
7.8 Joint and Several
All agreements on the part of either of the parties which comprise more than one person or
entity shall be joint and several; and all words or terms used in this Agreement, regardless of
the number or gender in which they are used, shall be deemed to include any other number
and any other gender as the context may require.
7.9 Assignment
Neither party shall have the right to assign or sub-contract their respective rights and
obligations under this Agreement without the prior written approval of the other.
7.10 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State
of Illinois and venue is established in Kane County.
7.11 Rights Cumulative
All rights granted to either of the parties shall be cumulative, and no exercise by either of the
parties of any right under this Agreement shall restrict or prejudice the exercise of any other
right granted by this Agreement or otherwise available as part of it.
7.12 Waiver
The failure by either party to enforce, at any time or for any period, any one or more of the
terms or conditions of this Agreement, shall not be a waiver of them or of the right at any
time subsequently to enforce all terms and conditions of this Agreement.
7.13 Status of Manager
7.13.1 During the Term of this Agreement the Manager shall be an independent contractor
and not the agent or employee of the Owner.
7.13.2 In such capacity, the Manager will bear exclusive responsibility for the payment of
the remuneration and any insurance contributions in respect of the Manager’s
Employees.
7.13.3 The parties are not partners or joint ventured; nor is the Manager or the Manager’s
Employees to act as the agent of the Owner.
7.14 Costs
Each of the parties shall pay any costs and expenses incurred by it in connection with this
Agreement.
7.15 Third Party Beneficiaries
This agreement is made between the parties hereto and there is no intended third party
beneficiary of this agreement, nor shall any term hereof be construed to infer that this
Agreement was intended to create or grant rights to any person or entity which is not
expressly made a party hereto.
SIGNATURES
Fox Valley Park District
By: _________________________________
Nancy McCaul, Executive Director
By: _________________________________
Rachel Ossyra, Board President
Jeff Ellis Management, LLC By: __________________________________
Jeff Ellis, President
First Schedule RECREATION SERVICES Provide the following specific Services at the Recreation Sites in addition to the Article 3 Services of
the Service Agreement to which this Schedule is attached:
1. Lifeguard Services:
Manage the aquatic safety of the Patrons of the Fox Valley Park District Outdoor Aquatic
Centers.
1.1 Ensure that all Lifeguards and Supervisors are fully trained and licensed through Jeff Ellis &
Associates’ National Pool & Water Parks Lifeguard Training Program.
1.2 Open and close aquatic areas, perform and document daily visual inspections of the same
areas for safety concerns.
1.3 Immediately report safety concerns to the District Liaison and/or /Safety Coordinator or their
designee, and, if necessary, close facility until concerns are addressed.
1.4 Ensure availability of, and maintain, safety equipment.
1.5 Monitor guest conduct in same aquatic areas, as per agreed manpower levels. The District
will have a guest relations manager that will confer with the Ellis Aquatics managers on
guest conduct.
1.6 Correct any guest misconduct an/or respond to aquatic incidents,
1.7 Ensure that all lifeguard operations adhere to the standards of Fox Valley Park District and
Jeff Ellis & Associates, and the Illinois Swimming Pool and Bathing Beach Code.
1.8 Compile and file Incident Reports as and when necessary.
1.9 Maintain records of all aquatic rescues for future use.
2. Pool Deck Services
2.1 Maintain basic cleanliness of pool, deck and all other Recreation Facilities which are a part
of this Agreement.
2.2 Report to Owner any facility repair or maintenance issues.
2.3 Enhanced aquatic programs, including swim lessons, rentals, special events, aquatic
wellness, lifeguard training, and other traditional aquatic recreational services.
RECREATION FACILITIES
1. Splash Country Aquatic Center
1.1 Six-lane zero-depth pool with children's play features
1.2 Second-largest lazy river in Illinois, with 1,100 feet winding through dumping buckets,
sprayers, jets and a bubbling rapids
1.3 One winding, enclosed tube/flume slide
1.4 One winding, open tube/flume slide
1.5 Enclosed kid-friendly area with spray guns, waterfall and other interactive features for kids
under 48 inches tall
1.6 Two regulation sand volleyball courts
1.7 Concession area with umbrella tables (Concession stand operated by independent
concessionaire)
1.8 Sand play area with seating and shade
1.9 Lap-lane swimming at designated times
1.10 Lifeguard/First Aid Offices
1.11 Locker Rooms
1.12 Additional amenities added to the Recreation Facilities during the Term hereof.
2. Phillips Park Aquatic Center
2.1 Zero-depth walk-in entry leisure pool
2.2 Two drop-off slides into a plunge pool
2.3 One twisting enclosed body flume/slide
2.4 Two winding body flume/slides
2.5 Kid-friendly areas with spray guns, waterfall, a small slide and dumping coconut tree
2.6 Two regulation sand volleyball courts
2.7 A full-service concession stand with umbrella tables
2.8 A sand play area with seating and shade
2.8 Lap-lane swimming at designated times
2.9 Additional amenities added to the Recreation Facilities during the Term hereof.
Second Schedule TOOLS, EQUIPMENT AND MATERIALS Lifeguard Supplies (Owner Supplied) Fox Valley Park District to provide the following items, with the input of the Manager. Cost and supply of the following tools, equipment and materials: Inflatable tubes Latex gloves First aid supplies Lifeguard chairs Wheelchairs First aid supplies
Other Supplies (Owner furnished) Cost and supply of the following tools, equipment and materials: Deck Chairs Basic Lounge chairs Cleaning materials Custodial Supplies Locker room supplies Storage areas
RECREATION DATE: December 14, 2015 TO: Jim Pilmer, Executive Director FROM: Jaime Ijams, Superintendent of Recreation RE: Vaughan Athletic Center Aquatic Operating Agreement Jeff Ellis and Associates has provided management services for the District since the Vaughan Athletic Center opened in 2005. The original service agreement provided for Jeff Ellis Management (JEM) personnel to oversee day-to-day operations and facilitate the training of lifeguards and support staff including oversight of safety and aquatic staff administration and communications. The agreement was expanded through an amendment in 2007 with JEM to include the hiring, human resources, and payroll management of aquatic employees incorporating lifeguards, cashiers, and swim instructors as JEM employees. This involves approximately 300 aquatic employees between both the outdoor centers and the VAC. Outdoor aquatics is managed pursuant to a separate FVPD/JEM agreement. The most recent agreement for VAC aquatic operations was approved at a December 9, 2013 board meeting. The term of this agreement was three years with an additional three-year provision that would extend services through the 2019 fiscal year, sufficient term to coincide with the pending change to a calendar fiscal year. This amendment is an extension to the current agreement for a period of eight months. The annual management fee is proposed to be waived during the 2016 extension. However, the annual compensation (labor fees) provided during the 2016 extension period is proposed to increase to a total compensation budget of $326,016. Additionally, FVPD/JEM agrees that all program revenue generated during the 2016 extension period will be divided between parties. 60% of program revenues shall be paid to JEM and 40% program revenues shall be paid to FVPD. This eight month extension will be used to get information to inform the board as to proposed financial terms for the future additional extensions. The agreement and proposed amendment is attached. With budget preparation underway shortly- approval of this amendment will facilitate the planning and budgeting process for the next fiscal year. I recommend to the Board of Trustees approve the amendment to the agreement with Ellis and Associates exercising the option to extend the Vaughan Athletic Center aquatics operating agreement for a period of eight months (through the 2016 fiscal year).
SERVICE AGREEMENT
BETWEEN
FOX VALLEY PARK DISTRICT
AND
JEFF ELLIS MANAGEMENT, LLC.
Reference RECITALS ARTICLE 1- INTERPRETATION 1.1 “COMMENCEMENT DATE” 1.2 “EQUIPMENT” 1.3 “HOURS OF OPERATION” 1.4 “MANAGEMENT FEE” 1.5 “NOTICE” 1.6 “PATRONS” 1.7 “RECREATION FACILITIES” 1.8 “SERVICES” ARTICLE 2 - APPOINTMENT AND PAYMENT OF FEES AND COSTS ARTICLE 3 MANAGER’S OBLIGATIONS 3.1 SERVICES TO BE PROVIDED BY THE MANAGER 3.2 MANAGER’S EMPLOYEES 3.3 DELEGATION 3.4 DAY TO DAY OPERATIONS 3.5 USE OF THE VAC 3.6 MAINTENANCE STANDARDS 3.7 NO UNAUTHORIZED USE OF THE VAC 3.8 NUISANCE 3.9 INDEMNITY 3.10 INSURANCE 3.11 STATUTORY REQUIREMENTS AND LICENCES 3.12 SERVICES RESTRICTED TO DESIGNATED AREAS 3.13 NO ALTERATION 3.14 NOTIFICATION 3.15 NOTICE ARTICLE 4 - OWNER’S OBLIGATION 4.1 OWNER 4.2 LICENSE TO ENTER THE VAC 4.3 ACCESS TO AND FROM THE VAC 4.4 ADMINISTRATION OFFICE 4.5 SUPPLY OF TOOLS, EQUIPMENT AND MATERIALS 4.6 DELIVERY OF TOOLS, EQUIPMENT AND MATERIALS 4.7 SIGNAGE
4.8 IDENTIFICATION BADGES4.9 PATRON LISTS 4.10 PARKING 4.11 SECURITY 4.12 EXCLUSIVITY 4.13 PAYMENTS ARTICLE 5 -OPTION 5.1 OPTION TO RENEW ARTICLE 6- TERMINATION 6.1 TIME OR NOTICE 6.2 FUNDAMENTAL BREACH 6.3 INSOLVENCY ARTICLE 7 - MISCELLANEOUS 7.1 WARRANTY 7.2 RECEIPT 7.3 FORCE MAJEURE 7.4 SEVERANCE 7.5 WHOLE AGREEMENT 7.6 NOTICES 7.7 HEADINGS 7.8 JOINT AND SEVERAL 7.9 ASSIGNMENT 7.10 GOVERNING LAW 7.11 RIGHTS CUMULATIVE 7.12 WAIVER 7.13 STATUS OF MANAGER 7.14 COSTS 7.15 THIRD PARTY BENEFICIARIES SIGNATURE PAGE FIRST SCHEDULE RECREATION SERVICES RECREATION FACILITIES SECOND SCHEDULE . TOOLS, EQUIPMENT, & MATERIALS
THIS AGREEMENT is made the 1st day of December 2013, BETWEEN the Fox Valley Park
District, an Illinois Park District, a special district and unit of local government (hereafter called “the
Owner”), and Jeff Ellis Management, LLC incorporated in the state of Texas (hereinafter called “the
Manager”), for the purpose of managing Vaughan Athletic Center aquatic operations located at the;
2121 West Indian Trail, Aurora, IL 60506.
RECITALS
WHEREAS:
(A) The Owner owns the Vaughan Athletic Center and the aquatic facilities therein.
(B) The Manager is in the business of providing managers and training lifeguards and agrees to
provide the Owner such Services (as more particularly described in the First Schedule hereto)
upon the terms and conditions hereinafter contained.
NOW THEREFORE IT IS HEREBY AGREED as follows:
ARTICLE 1 - INTERPRETATION
In this Agreement where the context so admits the following terms shall have the following
meanings:
1.1 “Commencement Date”: the 1st day of May, 2014.
1.2 “Term”: This agreement will end April 30, 2016.
1.2 “Equipment”: the items briefly described in the Second Schedule hereto and any
replacements or additions thereto.
1.3 “Hours of Operation”:
Hours of Operation may be adjusted by mutual agreement of the parties. Rentals and scheduled
events may be held outside of the regular operating hours.
1.4 “Management Fee”: the fee paid in accordance with the 2.2.1 below.
1.5 “Notice”: notice complying with the terms of 7.6.
1.6 “Patrons”: individuals utilizing the facilities offered by the Fox Valley Park District and
services provided by The Manager. Said facilities and services are more particularly
described in the First Schedule hereto.
1.7 “VAC”: the Vaughan Athletic Center facilities and amenities owned by the Fox Valley Park
District for aquatics purposes and more particularly described in the First Schedule hereto.
Summer Fall/Winter/Spring
Competition Pool 5am-9 pm Mon-Fri 7am-5pm Sat 10am-5pm Sun
5am-9pm Mon-Fri 7am-5pm Sat 10am-5pm Sun
Therapy Pool 5-9 am Mon-Fri 12-2 pm Mon-Fri 7-9 pm Mon-Fri 12-5 only Sat and Sun
5-9am Mon-Fri 11:30-1:30 pm Mon-Fri 7-9 pm Mon-Fri 12-5 only Sat and Sun
Leisure Pool 12-7 pm Mon-Fri 12-5 Sat and Sun
9-11 am TuTh 4-8pm M-F 12-5 Sat and Sun
Closed : New Years Day, Easter, Thanksgiving, Christmas (unless rental is accommodated). Open days off School ( 11am -7pm leisure pool extended hours). Days off included: Labor Day, Columbus Day, Veterans Day, Winter Break ( Mon. – Fri.), Martin Luther King Day, Presidents Day, Spring Break ( Mon. – Fri.), Memorial Day.
1.8 “Services”: the services provided by the Manager as more particularly described in Article 3
and the First Schedule hereto.
ARTICLE 2 - APPOINTMENT AND PAYMENT OF FEES AND COSTS
2.1 The Manager shall provide managers to provide aquatic safety programs in accordance with
the Ellis Standard Guidelines per 3.2 hereof, and supervised lifeguard operations
the Vaughan Athletic Center aquatics.
2.2 In consideration of the Services, the Owner agrees to pay the Manager, the following fees
pursuant to the discharge of services described in this service agreement:
2.2.1 The Manager shall receive an annual Management Fee of $68,000 for May 1, 2014
through April 30, 2015 and $70,000 for 2015, payable according to the provisions of
2.2.2 below.
2.2.2 The Owner will pay in equal amounts of $5,667 on the first day of each month for the
first year of the Term and in the amount of $5,833 on each of those days in the
second year of the Term.
2.3 Manager shall be compensated for general employment-related expenses for all aquatic
operation employees including lifeguards, supervisors, cashiers, rental coordinators, desk attendants,
for the at the Facilities under annual compensation budget in the following manner:
The parties acknowledge that for the Term’s first fiscal year of May 1, 2014 to April 30, 2015 and for the Term’s second fiscal year of May1, 2015 to April 30, 2016, the budget for the foregoing employment-related expenses are as follows: Outdoor Aquatics Centers Fiscal Years beginning: 5/1/2014 5/1/2015
Total compensation including all payroll, Taxes, benefits, and fees: $360,000 $372,000
Manager shall bill owner annually in monthly installments of $30,000 with the first installment beginning on May 1, 2014. Beginning May 1, 2015, each monthly installments shall be $31,000. Each year the Manager shall submit to Owner a reconciliation establishing whether the budgeted amount was in excess of the actual expenditures. Each year at the close of the fiscal year, Manager shall provide Owner with payroll detail, subject to an independent audit, specifying total payroll expenses for each Facility location to also include employee names, hourly rate of pay, and number of hours worked by position. Both parties acknowledge that to the extent the amounts paid to employees is less than ninety-five percent (95%) of the budgeted amount, the difference paid to Manager for payroll amounts hereunder shall be remitted to the Owner within sixty (60) days following the fiscal year to which the budget relates. The owner reserves the right to approve position pay rates each season. The specific payroll budget as noted applies to the fiscal years of this Term. The compensation amount includes all minimum wage increases, as well as required taxes, benefits, and all managers payroll related expenses.
In the event of emergency or change in the District workforce, the Manager
may request to add performance of aquatic facility pool maintenance functions (i.e. testing, monitoring, etc.) through an addendum to this Agreement, the specific terms of which shall be subject to the mutual agreement of the parties.
2.4 Program-Specific Labor Costs Each year in advance of program scheduling, current fiscal year program worksheets shall be completed and submitted to Owner for approval. After approved program completion, the Manager shall bill the Owner for the program-specific instruction costs. Billable programs include Youth Swim Lessons, Adult Swim Lessons, Water Fitness Programs, Master Swim, and general swim instruction programs. The program-specific labor is defined as the gross wages for instructors and program coordinators plus a 20% administrative fee to include all taxes, workman’s compensation, liability insurance, and payroll processing fees. This labor is exclusive of any facility rentals and or special events held at the facility outside of the regular operating hours.Detailed documentation must accompany the bill including the program name, course number(s), class lists with fees paid, names
of employees at each position in the program, number of hours worked per position, rate of pay per position, and gross wages paid. The Owner reserves the right to review and approve in advance or disapprove of position pay rates for each budget period as well staffing plans of Manager. Manager shall staff in accordance with JEM quality and safety standards. In the event any position pay rates are not approved by Owner, Manager shall not offer the programs to which such positions apply and the programs shall not be staffed by Manager until pay rates are resolved between the parties for such programs.
2.5 Rental, FVSRA, and Special Event Labor
Manager shall bill gross labor incurred for all VAC aquatic facility rentals, FVSRA pool use and special events upon mutual agreement after each such programming session as approved by Owner. This labor is defined as providing appropriate lifeguards, Shift Supervisors, Duty Managers, Swim Instructors and cashiers needed to fulfill the rental, FVSRA pool use or special event that is held outside of normal operating hours and staffing operations plus a 20% administrative fee to include all taxes, workman’s compensation, liability insurance, and Manager payroll processing fees. Detailed documentation supporting the amounts sought must accompany the bill including the name of the entity sponsoring or hosting the special event or the name of the entity to whom the facility was rented, the number of rentals to each such entity, the name of the positions staffed for each special event or facility rental, the number of hours worked per position for each special event or facility rental, rate of pay for each position staffed, and the gross wages paid for such special event or rental.
ARTICLE 3 - MANAGER’S OBLIGATIONS
In consideration of payment by the Owner to the Manager, the Manager shall, from the
Commencement Date throughout the Term of this Agreement, do or cause the following to be done:
3.1 Services to be provided by the Manager
Contractor will provide the following professional services for the client's Vaughan Athletic Center (“VAC”) aquatic facilities (and only aquatic-related activities and areas within the facility): 3.1.1 Manage the VAC aquatic facilities in accordance with the budget, mission, and service desires of Owner. The Manager shall prepare an aquatic facility business plan covering the outside Recreation Facilities as well as the VAC aquatic facility. For these purposes, the business
plan shall include a programming plan (“Programming Plan”) that includes the proposed scheduling of swim lesson programs, camps and events, all of which shall be subject to review and approval by the Owner. An emphasis should be placed on providing quality swim instruction programs and camps or other events to meet the demands of FVPD residents, while maximizing the use of pool space and instruction time. Manager will provide course information required for publicizing in FVPD promotional materials and will input accurate course descriptions and information into the FVPD registration system and require registration and payment of fees of all participants to be completed through the FVPD registration process, with FVPD collecting all program and event registration fees. 3.1.2. Manage and fully staff the VAC daily aquatic operations and scheduled “after hours and rentals” with employees pursuant to industry safety standards and in accordance with the published aquatic programs/services in the Recreation Facilities aquatic facilities business plan and adhere to the FVPD revenue and fee policy and safety standards in determining minimum and maximum number of student participants (minimum and maximum numbers shall be subject at all times to review and approval of Owner in accordance with Manager staffing / quality guidelines.). 3.1.3. Assist VAC staff to market and sell VAC recreational, outsourced, instructional and competitive aquatic programs to individuals, families, corporate and institutional community customers. 3.1.4. Provide professional aquatic safety training for all VAC lifeguard employees in the National Pool and Waterpark Lifeguard Training Program to assure maximum safety/protection for swimmers who frequent V AC aquatic attractions/facilities. 3.1.5. Provide professional aquatic safety training for all VAC swimming instructors in the Jeff Ellis Swimming Program to assure all VAC swimming classes meet the highest quality industry standards. 3.1.6. Develop and implement a comprehensive Emergency Action Plan for the maximum protection of swimmers who frequent VAC aquatic attractions/facilities. 3.1.7. Secure, implement and administer out-sourced aquatic programs including, but not limited to, aquatic exercise, SCUBA, competitive swimming, diving, synchronized swimming and water therapy activities. 3.1.8 Schedule and administer creative aquatic recreational programs to enhance overall VAC customer experience. 3.1.9 Schedule and administer recreational swimming periods that afford maximum use of all VAC aquatic attractions/facilities.
3.1.10 Schedule and administer private attraction/facility rentals for families and other groups that are coordinated into regularly scheduled activities to maximize use of all VAC aquatic attractions/facilities and increase overall sales revenue for the VAC.
3.1.11 Operate, maintain, and provide the necessary training of lifeguards to ensure safety
at the Recreation Facilities during the Hours of Operation for the benefit and
enjoyment of the Patrons to the reasonable satisfaction of the Owner.
3.1.12 The Manager shall develop and administer all aquatic programs on behalf of the
Owner.
3.1.13 The Manager agrees to work with all designated representatives of the Owner to
enhance the overall aquatic recreational experience for guests frequenting the VAC.
3.1.14 The Manager assumes responsibility for closing an aquatic facility due to
heath/sanitation issues, threatening weather or other safety issues that pose danger to
VAC guests.
3.2 Manager’s Employees. Manager shall perform the following functions, in addition to the
functions set forth in Schedule 1 hereto:
3.2.1 Manager shall hire such necessary lifeguards, cashiers, desk attendants, swim
instructors, , supervisors, events attendants, coordinators, managers, team leaders and
other employees hired to perform aquatic operations (collectively, “Aquatic
Operations Employees”) as are required to adequately staff the Facilities during all
presently scheduled operating hours. The parties note that Aquatic Operations
Employees will continue to clean locker rooms and general deck and entryway
cleaning, and parking lot litter pick up. Other than park/facility maintenance
functions, these positions shall be staffed by Manager through employees of Manager
hired for this purpose. All such employees shall be employed by the Manager and
expressly shall not be employees of Owner notwithstanding any other provisions
herein contained. Manager, at its sole expense, shall conduct appropriate background
checks regarding the employees sought to be hired by Manager for the positions
contemplated hereunder and all other staffed positions for which Manager is
responsible under the Agreements. Manager shall ensure that no employee is hired
by Manager who is determined through the background check to have an
unacceptable prior history of criminal acts or other involvement in improper
activities, which, in accordance with Illinois Park District Code Section 8-23 would
disqualify such person from employment by a park district. Owner shall advise
Manager from time to time of any other standards adopted by Owner and applicable
to employees of Owner and Manager shall apply such standards to all employees of
Manager employed at the Facilities. Manager shall adequately staff the positions for
Aquatic Operations Employees to permit uninterrupted operations at the Facilities.
For the purposes of this service agreement the Manager agrees to provide
management personnel to administer and manage the day to day operations for the
aquatic operations at the VAC. 3.2.2 Employ and pay sufficient supervisory staff in
order to provide the Recreation Services to the reasonable satisfaction of the Owner.
3.2.3 The Manager shall train and license all safety employees in the National Pool and
Waterpark Lifeguard Training Program and/or Jeff Ellis Swimming Program. This
group of employees includes attendants, lifeguards, lifeguard supervisors, swimming
instructors, first aid personnel and duty managers employed by it.
3.2.4 Ensure that all persons employed by it in connection with the provisions of the
services shall be efficient, not under the influence of alcohol or drugs, and honest and
shall be suitably qualified to provide the Services, including (but without limiting the
forgoing) qualified in the administration of First Aid, including Cardio Pulmonary
Resuscitation.
3.2.5 Ensure that the Manager’s Employees undergo such training as may be necessary to
enable them to carry out their respective duties in accordance with this Agreement
and to provide safe, pleasant, courteous and conscientious service to the Patrons,
residents of and visitors to the aquatic facilities and shall also comply with the
Owner’s behavior management policies in effect.
3.2.6 Provide adequate supervision and coordination of the Manager’s employees and
ensure that the Manager’s employees shall abide by the rules, regulations and
guidelines set from time to time by the Owner, and the Manager will not employ or
shall cease to employ any person to whose employment reasonable objection is taken
by the Owner.
3.2.7 Ensure that the Manager’s employees on duty are dressed in proper uniform and carry
an identification badge as shall be approved by the Owner from time to time. The
uniform shall be supplied and maintained by the Manager.
3.2.8 The Owner requires the Manager to provide aquatic safety, operational, instructional,
general sanitation and risk management services for day to day operation of VAC
Aquatics.
3.2.9 The Manager shall provide day to day scheduling and supervision for all its
coordinators, swimming instructors, first aid personnel and duty managers .
3.2.10 The Manager agrees to conduct and supervise all in-service safety training sessions
for its employees . All employees are required to attend a minimum of four (4) hours
of in-service training per month. The Manager agrees to create and maintain records
of said training as and Manager will provide Owner copies of said documentation.
3.2.11 The Manager agrees to provide supervision of the employees consistent with the
published guidelines and employment practices of the Owner.
3.2.12 Manager agrees to designate a liaison representative to comply with meeting requests
submitted by the Owner on a weekly basis.
3.3 Delegation
The Manager may not delegate any duties or obligations arising under this Agreement, except
as may be expressly permitted by its terms or agreed upon in writing by the Owner.
3.4 Day To Day Operations
3.4.1 The Manager shall assign one of its professional managers to service day to day
operations as directed by the Owner and during all hours of operation when any
Manager employee is present.
3.4.2 The Owner and the Manager agree that day to day operations for the VAC aquatic
facilities remain the exclusive responsibility of the Manager.
3.5 Use of the VAC
Follow and implement any policies or regulations of the Owner from time to time in force
regarding the use of the VAC to which the Services relate, and to use its own best efforts to
ensure the safety of the Patrons when using the VAC, including (but without limitation)
ensuring that during the Hours of Operation are adequately supervised in accordance with
the provisions of the Illinois Swimming Pool Code and Bathing Beach Code, and furnished
with any necessary medical, rescue and safety equipment in order to comply with these
obligations.
3.6 Maintenance Standards
Keep the VAC aquatic areas in a clean and well maintained condition, subject to the
reasonable satisfaction of the Owner.
3.6.1 The Owner, agrees to be responsible for the physical maintenance for operating
purposes: chemical balancing, pump repair, and other related functions.
3.6.2 The Manager agrees to assume responsibility for day to day general sanitation for the
aquatic areas. This includes general cleaning of pool decks, locker rooms, eating
areas, trash maintenance and to perform other general sanitation tasks as requested by
the Owner and as further set forth in Schedule 2, attached hereto.
3.7 No unauthorized use of the VAC
The Manager is not authorized to offer VAC aquatic facilities and services, identified in the
First Schedule, which have not received the prior and continuing approval of the Owner.
3.8 Nuisance
Not allow, permit or suffer to be done by the Manager’s employees at the VAC or any part
thereof anything which may be or become a nuisance or annoyance, or which could cause
damage to the Owner and any property of the Owner, provided that the performance of the
Recreation Services as outlined in the First Schedule shall not be deemed to be a
contravention of this provision.
3.9 Indemnity
The Manager, agrees to indemnify and hold harmless the Owner, its officers, employees, and
officials, (and at the Owner’s discretion the Manager will provide defense or pay for legal
counsel selected by the Owner to represent the Owner and its officers, officials, and
employees) for, from and against all claims, actions, or causes of actions, losses, damages,
liabilities, costs and expenses, including costs, attorneys’ and paralegals’
fees, and fees of experts, claimed against, imposed on or incurred by the Owner in
connection with any and all loss of life, bodily injury and damage to property which arises,
relates, or pertains to, directly or indirectly, the Manager’s acts or omissions (including
negligent acts or omissions) pertaining to the Manager’s performance pursuant to this
Agreement, with respect to the Manager’s performance of the Recreation Aquatic
Management Services as identified in the First Schedule, and the use of the tools, equipment
and materials as identified in the Second Schedule. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege
enjoyed by the Owner. Nothing in this Agreement shall be construed to inure to the benefit
of any third party or as consent by the Owner to be sued by third parties in any matter arising
out of this Agreement or any other contract.
3.10 Insurance
The Manager shall procure and maintain for the duration of and in full compliance with the
contract insurance against claims for injuries to persons and damage to property which may
arise from its performance under this Agreement in connection with the delivery and supply
of the tools, equipment and materials identified in the Second Schedule, and in its
performance of its duties concerning the Recreation Services as identified in the First
Schedule with the Owner as an additional insured, the Owner’s agents, representatives,
officers and employees. The cost of such insurance shall be borne by the Manager.
3.10.1 Minimum Scope of Insurance.
A. Commercial General Liability, including:
1. Premises and Operations.
2. Products and Completed Operations Coverage.
3. Blanket Contractual Liability Coverage, (see Hold Harmless
Agreement below).
4. Independent Contractors.
5. Broad Form Property Damage.
6. Personal Injury Liability.
7. Fire Legal Liability Coverage.
8. Incidental Medical Malpractice Coverage.
B. Automobile Liability Insurance, including:
1. Owned Automobiles.
2. Non-owned Automobiles.
3. Hired Automobiles.
C. Workers’ Compensation Insurance.
D. Employer’s Liability Insurance.
3.10.2 Minimum Limits of Insurance.
A. Commercial General Liability:
$5,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage.
B. Automobile Liability:
$300,000 combined single limit per occurrence for bodily injury and property
damage arising from the operations of all owned automobiles, non-owned
automobiles and hired automobiles.
C. Workers’ Compensation:
Workers’ Compensation insurance as required by the State of Illinois.
D. Employer’s Liability:
$1,000,000 limit per occurrence; $1,000,000 annual aggregate for disease;
and, $1,000,000 limit for disease of an individual employee.
3.10.3 Deductibles and Self-Insured Retentions
A. Deductibles/Self-Insurance Retentions Defined:
All deductibles and self-insured retentions must be shown clearly on the
Certificates of Insurance and approved by the Owner.
3.10.4 Other Insurance Provisions
All insurance policies shall contain the following provisions:
A. Additional Insured and Certificate Holder clause:
All insurance shall include as Additional Insured and Certificate Holder the
Owner. There are not to be any special limitations on the protection being
provided to the Owner, its officials, officers, employees or volunteers.
B. Manager’s Insurance is Primary:
The Manager’s insurance coverages shall be primary insurance with respect
to the Owner’s, its officials’, officers’, employees’, and volunteers’
insurances. Any insurance and self-insurance maintained by the Owner, its
officials, officers, employees, or volunteers shall be excess of the Manager’s
insurances and shall not contribute with it.
C. Coverage Guaranteed:
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Owner, its officers, officials, employees or
volunteers.
D. Occurrence Basis:
The Manager’s insurances shall be on an occurrence basis as opposed to a
claims-made basis.
E. 30 Days Notice:
The following clause shall be included in all policies:
This policy shall not be suspended, voided, or cancelled by Manager, or a
reduction or revision in coverage or limits of coverage except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been
given the Owner.
F. Separation of Insured:
The definition of insured shall read as follows:
The insurance afforded applies separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
company’s liability. The company, in this context, is the Manager’s
insurance company. If no such definition of the insured is quoted in the
insurance, the Manager must provide “Cross Liability Clause” or
“Severability of Interests Clause” endorsements for all liability insurances.
3.10.5 Acceptability of Insurance Company.
A. Best Rating:
Insurance coverage must be with a company with a Best’s Rating A.VII or
better.
B. Illinois State Licensed:
All insurance policies and bonds herein required of the Manager shall be
written by a company authorized and licensed to do insurance business in the
State of Illinois and be executed by agents licensed as agents by the State of
Illinois.
3.10.6 Verification of Coverage
A. Certificates and Endorsements Provided:
The Manager shall furnish the Owner with a Certificate of Insurance with
original endorsements affecting coverage. The certificates and endorsements
must be received and approved before any services can commence.
B. Authorized Signatures:
The certificates and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf.
C. Coverage Continuation:
Insurance coverage required in these specifications shall be in force
throughout the Agreement. Should the Manager fail to provide
acceptable evidence of current insurance within seven (7) days of
receipt of written notice at any time during the term of the
Agreement, the Owner shall have the right to consider the Agreement
breached and justifying termination thereof. If coverage on the
Certificates of Insurance is shown to expire prior to the end of the
Agreement, the Manager shall furnish Certificates of Insurance
evidencing renewal of such coverage to the Owner.
3.10.7 Hold Harmless Agreement
The Manager shall take note of the indemnity contained in this Agreement and will
obtain and maintain contractual liability insurance in adequate limits for the sole
purpose of protecting the Owner, under the indemnity provision. Further, the
Manager will notify his insurance agent without delay of the existence of the
indemnity contained within this Agreement, and furnish a copy of the Hold Harmless
Agreement to his insurers.
3.10.8 Limited Contractual Relationship
This Agreement shall not be construed as creating any contractual relationship
between any of the Manager’s contractors and the Owner. The Manager shall be as
fully responsible to the Owner for acts and omissions of all of the Manager’s
contractors and of all persons employed by the contractors, as the Manager is
pursuant to this Agreement to Owner for acts and omissions of persons directly
employed by the Manager.
3.11 Statutory Requirements and Licenses
The Manager shall ensure that all statutory or other regulatory provisions and requirements
necessary in order to provide the Services shall be complied with, including but not limited
to the Illinois Swimming Pool Code and Bathing Beach Code, any applicable business or
other licenses, and shall produce evidence of such compliance to the Owner upon request.
Furthermore, the Manager, is to ensure that all lifeguards have their appropriate licenses.
The Owner will ensure that the Fox Valley Park District has their county and state permits to
operate the VAC aquatic facilities
3.12 Services restricted to designated areas
The Manager is to carry out the Recreation Services as outlined in the First Schedule only
from the designated Recreation Facilities, unless otherwise authorized by the prior written
consent of the Owner.
3.13 No alteration
The Manager agrees not to alter the Recreation Facilities, as outlined in the First Schedule, or
any part thereof, without the prior written consent of the Owner.
3.14 Notification
The Manager agrees at all times to consult with the Owner and keep the Owner fully
informed as to all matters within the contemplation of the Agreement, including but not
exclusively the following situations: immediately informing the Owner of any incident of
injury caused to the person or property of a Patron at the VAC; immediately informing the
Owner of any material defect at the VAC; and, immediately informing the Owner of any
complaints of Patrons which cannot be resolved in a timely manner by the Manager.
3.15 Notice
The Manager must comply with the terms of any Notice from the Owner specifying a breach
of any of the provisions of this Agreement and requiring the breach to be remedied,
provided however that if Manager feels there has not been a breach, Manager will be
provided one week to notify the Owner before being required to remedy the breach.
ARTICLE 4 -OWNER’S OBLIGATIONS
In consideration of the Services to be rendered by the Manager under this Agreement, the Owner
agrees:
4.1 Owner
4.1.1 4.1.2 The Owner agrees to designate a liaison representative to routinely meet with
the Manager’s management team to facilitate and enhance communication between
both parties to this agreement.
4.2 License to Enter the VAC
The Owner agrees to permit the Manager, and the Manager’s Employees, to have full non-
exclusive license and liberty to enter upon and use the area of the VAC, for the purpose of
fulfilling its obligations under this Agreement.
4.3 Access to and from the VAC
4.3.1 The Owner agrees to permit the Manager’s Employees, if and so far as shall be
necessary for the carriage of goods and other material and for the purpose of
providing the Aquatic Services under this Agreement, to have full and free ingress
and egress to and from the VAC with hand carts and other vehicles.
4.3.2 At all times, the Owner assumes overall responsibility for managing main entrance
and exit areas, managing guest relations, and dealing with media
relations pursuant to the day to day operations.
4.4 Administration Office
The Owner agrees to provide reasonable officeand desk space in the aquatics area and will
provide office supplies for the use by the professional managers to serve as the Manager’s
on-site administration office Such office shall be served with electricity, and local telephone
services. Space for staff breaks and storage lockers will also be made available and provided.
4.5 Supply of Tools, Equipment and Materials
The Owner agrees to provide an adequate supply of the tools, all equipment, cleaning
supplies, chemicals, other general cleaning items and materials listed in the Second Schedule
hereto and to keep the same in good repair and condition at no cost to the manager.
4.6 Delivery of Tools, Equipment and Materials
The Owner agrees to deliver the tools, equipment and materials to the VAC as required
4.7 Signage
The Owner agrees to erect and maintain safety and identification signage as the parties shall
mutually agree with regard to the Recreation Services and Recreation Facilities outlined in
the First Schedule.
4.8 Identification Badges
The Manager agrees to supply or require identification badges showing the first names of
each of the Manager’s Employees.
4.9 Patron Lists
The Owner agrees to provide the Manager with a list of Members, or other persons who are
granted access to the VAC by the Owner, along with such other information as may be
necessary from time to time to identify the persons to whom the VAC is available.
4.10 Parking
The Owner agrees to provide the Manager’s Employees with parking spaces or parking areas
when on duty at the VAC. On occasion during special events and uses of the VAC, and for
the convenience of our customers, employees may be required to park off-site in designated
areas.
4.11 Security
The Owner agrees to have its Park Police personnel provide such assistance to the Manager
and the Manager’s Employees as may be reasonably required in the course of the Manager’s
performance of the VAC herein contracted for.
4.12 Exclusivity
The Owner agrees to not provide or permit or suffer any other person or entity to provide any
of the Manager’s Recreation Services at the VAC, except as already contracted, offered, or
mutually agreed upon.
4.13 Payments
The Owner agrees to pay the Management Fee to the Manager in accordance with Article 2
above.
ARTICLE 5 - OPTION
5.1 Option to renew
The Owner and Manager agree to extend the Term of this Agreement upon mutual agreement
after an evaluation at the end of the season for a further period of Three (3) years,
commencing on the day following the expiration of the Term, provided that the Manager:
5.1.1 Has observed and performed its obligations under this Agreement throughout the
Term to the reasonable satisfaction of the Owner; and
5.1.2 Requests such extension not later than Three (3) months before the expiration of the
Term.
Any such extension of the Term shall be upon the same terms and conditions as this
Agreement. The annual compensation and management fee may be adjusted as part of the
renewal as agreed upon by both parties.
ARTICLE 6 – TERMINATION
6.1 Time or Notice
This Agreement shall terminate at the expiration of the Term.
6.2 Fundamental Breach
This Agreement shall terminate upon the occurrence of any of the following events:
6.2.1 Failure by the Owner to make the payment of any sums due to the Manager under this
Agreement for a period of Ninety (90) days after such sums becoming due.
6.2.2 In the case of a breach other than with regard to the payment of sums due under this
Agreement, failure by either party to comply with a Notice of a breach requiring
rectification of such breach within Twenty-one (21) days.
6.2.3 Notwithstanding the foregoing, upon the expiration of Twenty-one (21) days from
a Notice by the Owner to the Manager notifying the Manager that it has not performed its
duties and obligations hereunder to the reasonable satisfaction of the Owner.
6.3 Insolvency
This Agreement shall terminate if either party shall go into either compulsory or voluntary
liquidation (save for the purpose of reconstruction or amalgamation), or if a receiver is
appointed in respect of the whole or any part of their respective assets and undertakings, or if
either party makes, or threatens to make, an assignment for the benefit of or composition
with its creditors.
ARTICLE 7 - MISCELLANEOUS
7.1 Warranty
Each of the parties warrants its power to enter into this Agreement and has obtained the
necessary approvals to do so.
7.2 Receipt
The receipt of money by either of the parties shall not prevent either of them from
questioning the correctness of any statement in respect of such money.
7.3 Force Majeure
The parties hereto shall be released from their respective obligations in the event that a
national emergency, a war, any trade dispute, any prohibitive governmental regulation or any
other cause beyond the reasonable control of the parties, or either of them, renders the
performance of this Agreement impossible; whereupon all money due through the date of
the event culminating in a Force Majeure under this Agreement shall be paid within Sixty
(60) days, and each party shall be liable to pay to the other damages for any breach of the
Agreement and all expenses and costs incurred by that party in enforcing its rights under this
Agreement. In the event that this Agreement cannot be performed or its obligations fulfilled
for any reason under this Article 7.3 for a continuous period of Sixty (60) days, then the non-
defaulting party may at its discretion terminate this Agreement by notice in writing to the
other party at the end of that period.
7.4 Severance
If any term or provision in this Agreement shall, in whole or in part, be held to any extent to
be illegal or unenforceable under any enactment or rule of law, then that term or provision or
part shall to that extent be deemed not to form a part of this Agreement and the enforceability
of the remainder of this Agreement shall not be affected.
7.5 Whole Agreement
The parties hereto acknowledge that this Agreement contains the whole agreement between
the parties and that such Agreement supersedes and encompasses any oral or prior written
representations or agreements made by the other party or its employees or agents and have
made their own independent investigations into all matters relevant to it.
7.6 Notices
Any Notice required to be given by either party to the other shall be in writing and shall be
served by sending the same by pre-paid first class post, telex or facsimile transmission,
or by delivering the same by hand to the following addresses:
7.7.1 If delivered by hand at the time of such delivery;
7.7.2 If sent through the post, on the fifth day after the date of dispatch; and in proving
service it shall be sufficient to prove, in the case of a letter, that such letter was
properly delivered or stamped, addressed, and placed in the post (as the case may be);
and
7.7.3 If sent by telex or facsimile transmission, at the time of transmission; and in proving
service, it shall be sufficient to prove that such telex or facsimile was duly dispatched
to a current telex or telecopy number of the addressee for the said address for service.
7.7.4 Fox Valley Park District Jeff Ellis Management, LLC
Attn: Nancy McCaul Jeff Ellis
Executive Director President
101 W. Illinois Ave. 508 Goldenmoss Loop
Aurora, IL 60506 Ocoee, FL 34761
7.7 Headings
The captions or paragraph titles contained in this Agreement are for convenience and
reference only and shall not be deemed a part of the text of this Agreement.
7.8 Joint and Several
All agreements on the part of either of the parties which comprise more than one person or
entity shall be joint and several; and all words or terms used in this Agreement, regardless of
the number or gender in which they are used, shall be deemed to include any other number
and any other gender as the context may require.
7.9 Assignment
Neither party shall have the right to assign or sub-contract their respective rights and
obligations under this Agreement without the prior written approval of the other.
7.10 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State
of Illinois and venue is established in Kane County.
7.11 Rights Cumulative
All rights granted to either of the parties shall be cumulative, and no exercise by either of the
parties of any right under this Agreement shall restrict or prejudice the exercise of any other
right granted by this Agreement or otherwise available as part of it.
7.12 Waiver
The failure by either party to enforce, at any time or for any period, any one or more of the
terms or conditions of this Agreement, shall not be a waiver of them or of the right at any
time subsequently to enforce all terms and conditions of this Agreement.
7.13 Status of Manager
7.13.1 During the Term of this Agreement the Manager shall be an independent contractor
and not the agent or employee of the Owner.
7.13.2 In such capacity, the Manager will bear exclusive responsibility for the payment of
the remuneration and any insurance contributions in respect of the Manager’s
Employees.
7.13.3 The parties are not partners or joint ventured; nor is the Manager or the Manager’s
Employees to act as the agent of the Owner.
7.14 Costs
Each of the parties shall pay any costs and expenses incurred by it in connection with this
Agreement.
7.15 Third Party Beneficiaries
This agreement is made between the parties hereto and there is no intended third party
beneficiary of this agreement, nor shall any term hereof be construed to infer that this
Agreement was intended to create or grant rights to any person or entity which is not
expressly made a party hereto.
SIGNATURE PAGE
Fox Valley Park District
By: _________________________________
Nancy McCaul, Executive Director
By: _________________________________
Rachel Ossyra, Board President
Jeff Ellis Management, LLC By: __________________________________
Jeff Ellis, President
First Schedule RECREATION SERVICES Manager shall provide the following Services at the VAC aquatic facilities:
1. Lifeguard Services:
Manage the aquatic safety of the Patrons of the Fox Valley Park District Vaughan Athletic
Center.
1.1 Ensure that all Lifeguards and Supervisors are fully trained and licensed through Jeff Ellis &
Associates’ National Pool & Water Parks Lifeguard Training Program.
1.2 Open and close aquatic areas, perform and document daily visual inspections of the same
areas for safety concerns.
1.3 Immediately report safety concerns to the Vaughan Athletic Center Manager and/or /Safety
Coordinator or their designee, and, if necessary, close facility until concerns are addressed.
1.4 Ensure availability of, and maintain, safety equipment.
1.5 Monitor guest conduct in same aquatic areas, as per agreed manpower levels. The District
will have a guest relations manager that will confer with the Ellis Aquatics managers on
guest conduct.
1.6 Correct any guest misconduct an/or respond to aquatic incidents,
1.7 Ensure that all lifeguard operations adhere to the standards of Fox Valley Park District and
Jeff Ellis & Associates, and the Illinois Swimming Pool and Bathing Beach Code.
1.8 Compile and file Incident Reports as and when necessary.
1.9 Maintain records of all aquatic rescues for future use.
2. Pool Deck Services
2.1 Maintain basic cleanliness of pool, deck and all other Recreation Facilities which are a part
of this Agreement.
2.2 Report to Owner any facility repair or maintenance issues.
2.3 Enhanced aquatic programs, including swim lessons, rentals, special events, aquatic
wellness, lifeguard training, and other traditional aquatic recreational services.
RECREATION FACILITIES
1. Vaughan Athletic Center
1.1 Leisure Pool
1.2 Competition Pool
1.3 Therapy Pool
1.3 Lifeguard/First Aid Offices
1.4 Locker Rooms
The employee positions covered hereunder expressly include lifeguards, cashiers, swim
instructors, birthday party attendants and coordinators, events attendants, coordinators,
managers, team leaders and employees hired to perform aquatic operations (collectively,
“Aquatic Operations Employees”). The parties note that Aquatic Operations Employees shall
continue to clean locker rooms and general deck and entryway cleaning, and parking lot litter
pick up. Other than park/facility maintenance functions, these positions shall be staffed by
Manager through employees of Manager hired for this purpose.
Second Schedule TOOLS, EQUIPMENT AND MATERIALS Lifeguard Supplies (Owner Supplied) Fox Valley Park District to provide the following items, with the input of the Manager. Cost and supply of the following tools, equipment and materials: Inflatable tubes Latex gloves Lifeguard chairs Wheelchairs First aid supplies
Other Supplies (Owner furnished) Cost and supply of the following tools, equipment and materials: Deck Chairs Cleaning materials Custodial Supplies Locker room supplies Storage areas Bleachers
AMENDMENT TO SERVICE AGREEMENT BETWEEN FOX VALLEY PARK DISTRICT AND JEFF ELLIS AND ASSOCIATES, INC. for the Vaughan Athletic Center This amendment (“Amendment”) is made this ____ day of December, 2015 by and
between FOX VALLEY PARK DISTRICT, an Illinois Park District (“Owner”), and JEFF
ELLIS AND ASSOCIATES, INC. (“Manager”), amending certain terms of the existing service
agreement dated December 1, 2013 between Owner and Manager relating to the management of
aquatic operations at the Vaughan Athletic Center (the “Agreement”). For these purposes, the
provisions of this Amendment are expressly intended to include and expressly affect only the
operations at the Vaughan Athletic Center and affects the existing Agreement thereto. The
parties acknowledge that there are separate agreements containing provisions relating to the
management of outdoor aquatic centers, which shall remain unaffected by this Amendment.
1. Extension of Term; Amendment of Management Fees. The parties agree that the term of
the Agreement, is further extended by this Amendment for a period of eight months,
commencing on May 1, 2016 and ending on December 31, 2016 (the “2016 Extension
Period”). The annual management fee in the amount of $70,000 as outlined in the Agreement
will be waived during the 2016 Extension Period. Instead, the annual compensation for
supplying operational labor and fees to be paid for management services provided during the
2016 Extension Period will increase to a total compensation budget of $326,016, payable in
eight monthly installments of $40,752 in each month beginning May 1, 2016. Additionally,
the parties agree that all program revenue generated during the 2016 Extension Period will be
divided between the parties as follows: 60% of program revenues shall be paid to Jeff Ellis
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Management LLC and 40% of program revenues shall be paid to Fox Valley Park District.
The program revenue for division purposes will be based off of the resident fee pertaining to
each specific program offered during the 2016 Extension Period. Jeff Ellis Management’s
60% share of program revenue is intended to compensate it for all program-specific labor
costs as outlined in Section 2.4 of the Agreement.
Option to Renew: As referenced in Section 5.01 of the Agreement. The Owner and
Manager expect to extend the Term of this Agreement upon mutual agreement after an
evaluation at the end of the 2016 Extension Period for a further period of Three Two
years, commencing on the day following the expiration of the Term. Any such extension
of the Term is anticipated to be upon the same general terms and conditions as this
Agreement, but the annual compensation and management fee components may be
adjusted as part of the renewal as agreed upon by both parties, after evaluating costs of
operations and program revenues during the 2016 Extension Period and other prior
periods.
3. Original Agreement Continues. It is intended by the parties that the Agreement, as
previously amended, shall, except as expressly further modified by the terms hereof, continue in
its present form for the extended term set forth herein. The parties ratify and confirm that all
prior terms of the Agreement shall continue in full force and effect, including provisions relating
to contractual indemnity, insurance coverage, hold harmless provisions and obligations of
Manager, all as contained in the original Agreement..
IN WITNESS WHEREOF, the parties have executed this Amendment to service
agreement this ____ day of _________________, 2015.
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OWNER: MANAGER:
FOX VALLEY PARK DISTRICT JEFF ELLIS AND ASSOCIATES, INC.
By:___________________________ By:_________________________ Robert Vaughan, Its President Jeff Ellis, Its President