R-1700 - 01/23/2018 - BATH & TENNIS - Resolutions Supporting Documents ITEM #8.A.1)
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
VILLAGE OF BUTLER GOVERNMENT CENTER
OAK BR , K 1200 OAK BROOK ROAD
of
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 23, 2018
SUBJECT: Intergovernmental Agreement-Oak Brook Park District Pool
Management Services
FROM: Riccardo F. Ginex,Village Manager
BUDGET SOURCE/BUDGET IMPACT: $255,000
RECOMMENDED MOTION: Motion to Approve Resolution—R-2018-IGA-
OBPKD-POOL-R-1700,A Resolution Approving and Authorizing An
Intergovernmental Agreement Between The Village and The Park District Relating
To The Operation Of The Village's Swimming Pool.
Background/History:
The Sports Core Advisory Committee has held a number of meetings to discuss the
proposal from the Park District to handle the Pool Management for the 2018 season. At
their January 11th meeting,they made a formal recommendation to the Village Board to
enter into an intergovernmental agreement with the Park District to handle the life
guarding and programming for the pool.
The Village would pay the Park District$255,000 for services which will include
Lifeguards, Management and Operations, Supplies, Marketing Materials, and
Programming Costs. The Village would handle the concession stand and make the
appropriate repairs to the diving boards and the concrete to the pools.Additionally,the
Park District will remit any and all revenue back to the Village for the operation.
The Committee believes this is the only option for the pool to remain open this season
and gave it their unanimous support. We wish to thank the Park District Board,Director
Laure Kosey and her staff for working with the Village and enhancing the entire Village
experience for our residents and patrons.
Recommendation
The Village Board approves the resolution and the Intergovernmental Agreement.
BOT AGENDA Page 1 RG
RESOLUTION 2018-IGA-OBPKD-POOL-R-1700
A RESOULUTION APPROVING AND AUTHORIZING
AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE AND THE PARK DISTRICT
RELATING TO THE OPERATION OF THE VILLAGE'S SWIMMING POOL
WHEREAS, the Village of Oak Brook maintains a swimming pool complex and the Village has
concluded that it would be best to enter into an Intergovernmental Agreement("Agreement')with the Oak
Brook Park District to operate that swimming pool complex during the 2018 season; and
WHEREAS, an Agreement has been negotiated between the parties which will result in the
payment of a flat fee to the Park District to operate the swimming pool complex in accordance with the
terms and conditions of that Agreement; and
WHEREAS, the Park District is experienced in operating similar swimming pool facilities and the
parties contemplate that the persons utilizing the swimming pool complex during the 2018 season will be
pleased at the experienced manner in which the Park District carries out its administration; and
WHEREAS,the Agreement entered into between the parties contains extensive and specific terms
and conditions under which the swimming pool complex will be operated and establishes the responsibilities
of both the Village and the Park District; and
WHEREAS, the Park District will carefully select those individuals who will be placed in charge of
administering this contract and all of the operations of the Park District, as they are at its own facilities,will
be in full compliance with all federal and state regulations relating to the operation of a public swimming
pool facility; and
WHEREAS, the President and Board of Trustees have determined that it is in the best interests of
the Village to enter into the Agreement, in a final form as approved by the Village Attorney.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of,
this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve
the Agreement by and between the Village and the Park District in a form acceptable to the Village Manager
and the Village Attorney.
Section 3: Authorization and Execution of the Agreement. The Village Manager and Village
Clerk shall be, and hereby are, authorized to execute the final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2012-IGA-OBPKD-PW-R-1188
IGA with Oak Brook Park District
Page 2 of 3
APPROVED THIS 23rd day of January, 2018
Gopal G. Lalmalani
Village President
PASSED THIS 23rd day of January, 2018
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2012-IGA-OBPKD-PW-R-1188
IGA with Oak Brook Park District
Page 3 of 3
EXHIBIT A
[Intergovernmental Agreement]
INTERGOVERNMENTAL AGREEMENT FOR POOL MANAGEMENT SERVICES
VILLAGE OF OAK BROOK—OAK BROOK PARK DISTRICT
This INTERGOVERNMENTAL AGREEMENT ("Agreement"), dated this day of
, 2018 ("Effective Date") is by and between the VILLAGE OF OAK BROOK, 1200
Oak Brook Road, Oak Brook Illinois 60523, an Illinois municipal corporation ("Village") and the
OAK BROOK PARK DISTRICT, 1450 Forest Gate Road, Oak Brook, Illinois 60523, an Illinois unit of
local government ("Park District"). The Village and the Park District are sometimes referred to
herein as"Party"and collectively as"Parties."
In consideration of the mutual covenants and agreements hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged,the Parties agree as follows:
SECTION 1. RECITALS.
A. The Village owns the Village Pool located at 800 Oak Brook Road,Oak Brook Illinois("Village
Pool'), and desires to engage the Park District to perform management services at the
Village Pool as described in this Agreement. Whenever reference is made in this
Intergovernmental Agreement to the Village Pool, it shall be a reference to all Pools
presently located at 800 Oak Brook Road.
B. The Park District desires to perform management services at the Village Pool for the
recreational benefit of the residents of the Village and the Park District.
C. The services to be provided by the Park District consist generally of management of the
Village Pool including membership services, pool staffing, pool cleaning, pool repair,
winterization and de-winterization of the Village Pool (collectively, "Services"), which
Services are more fully described in Exhibit A.
SECTION 2. RETENTION,COMMENCEMENT AND REPORTING.
A. Retention: The Village hereby retains the Park District and the Park District agrees to
perform the Services.
B. Services.The Park District shall provide the Services pursuant to the terms and conditions
of this Agreement.
C. Commencement;Time of Performance.The Park District shall commence performance of
the Services on February 1, 2018 ("Commencement Date") and shall continue to perform
the Services until their completion, but in no event after October 1, 2018 ("Time of
Performance"). Unless terminated earlier pursuant to the terms and conditions of this
Agreement, the term of this Agreement shall be February 1, 2018 to October 1, 2018,
inclusive. ('Term").
D. Reporting. The Park District shall regularly report to the Village Manager, or his designee,
regarding the performance of the Services during the term of this Agreement.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
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A. Cost of Services,Payment. On or before the Effective Date,the Village shall pay to the Park
District the sum of$255,000 ("Agreement Amount"), the Parties having determined that
said sum approximates the actual cost of providing the Services for the Term ("Cost of
Services"). With the exception of swim lessons conducted at the Village Pool, the gross
receipts from which shall be divided as set forth in this Section 3A,all revenues from Village
Pool membership and programming occurring at the Village Pool shall be remitted to the
Village at the completion of the Agreement. The Park District shall keep accurate records
of the amount, date of receipt and type of receipt provided to it and associated with its
operations of the pools. The Park District shall conduct the individual swim lesson program
at the Village Pool for members as part of the Services and shall remit to the Village all swim
lesson revenues less the Park District's costs to provide instructors to teach swim lessons.
It is the understanding of the Parties that all other costs associated with providing swim
lessons will be paid by the Park District from the Agreement Amount.
B. Taxes,Benefits and Royalties.The Agreement Amount and the Cost of Services includes all
federal,state,and local taxes of every kind and nature,including unemployment insurance,
old age or retirement benefits, pensions, annuities, or similar benefits paid to Park District
employees providing Services. .The Park District shall have no duty to pay any such taxes,
benefits, premiums or other expenses described herein for Village employees or the
employees of any contractor, subcontractor, supplier, or any other third party, or the
successors or assigns of any of them.
C. Completion of Services. The Park District shall complete all Services on or before
the date of termination.
SECTION 4. STAFFING:SUBCONTRACTORS.
A. Staffing. The Park District shall provide all personnel necessary to perform the Services,
including the "key personnel" identified in Exhibit B attached hereto and incorporated
herein by this reference.
B. Subcontractors. If any personnel or subcontractor engages in any illegal conduct or whose
performance is unsatisfactory to the Village in the course of performance of the Services,
the Village and the Park District shall meet and discuss said employee or subcontractor
within 5 days of notice from the Village. Following said meeting the Park District shall
determine whether removal or replacement of said employee or subcontractor is
warranted and if it so determines,the Park District shall remove or replace said employee
or subcontractor. Park District shall, within 14 days after its receipt of notice from the
Village, remove and replace such personnel or subcontractor. Unless approved in advance
by the Village,the Park District shall have no claim for damages,for compensation in excess
of the amount contained in this Agreement or for a delay or extension of the Time of
Performance as a result of any such removal or replacement.
C.
Criminal Background Checks.The Park District shall obtain a criminal background check as
required by applicable law for any Park District employee providing Services on Village
property.
A.
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SECTION 6. INDEMNIFICATION; INSURANCE.
A. Indemnification. To the fullest extent permitted by law, each Party shall each indemnify,
defend and hold harmless the other Party, its elected and appointed officers, officials,
employees, attorneys, volunteers and agents (collectively, the "Indemnitees"), from and
against any and all claims,damages, losses and expenses, including but not limited to legal
fees (attorneys' and paralegals'fees and court costs), incurred by any of the Indemnitees
for injuries to persons or for damage, destruction or theft of property arising out of or
resulting from any activity, act or omission of the indemnifying Party("Indemnitor"), or of
any employee, agent, contractor or volunteer of the Indemnitor, but only to the extent
caused in whole or in part by any wrongful or negligent act or omission of the Indemnitor.
B. Insurance. Each Party,at its sole cost and expense,shall keep in full force and effect at all
times during the Term of this Agreement insurance against claims for injuries to persons or
damages to property, which may arise from or in connection with this Agreement. Each
Party shall provide coverage that is at least as broad as:
1. Comprehensive general public liability insurance, including contractual liability
coverages, and such other types of insurance in such amounts and with such A-
rated companies or through self-insurance risk pools as are reasonably acceptable
to the Village and the District, but, in any event, no less than $1,000,000.00 per
occurrence. Such insurance shall be evidenced by annually providing to the other
Party certificates of insurance. Each Party's policy(or in the event of self-insurance,
coverage evidenced by certificate) will name the other Party, its board, board
members,employees,volunteers and agents as an additional insureds.The Cost of
Services provided in Section 3.A will be paid upon presentation of a Certificate of
Insurance.
2. Workers' Compensation Insurance covering all costs, statutory benefits and
liabilities under State Workers' Compensation and similar laws for their respective
employees. Any employee claim related to this Agreement will be the
responsibility of the Party employer and the other Party shall have no obligation
whatsoever to provide workers'compensation for the other Party's employees.
3. The Village shall maintain property insurance for the full replacement cost of the
Village Pool. The Park District will maintain insurance protecting against damage,
destruction,theft or loss of any of its equipment located at the Village Pool.
4. The Village shall maintain liquor liability insurance against damages, claims and
liability arising under the Illinois Dram Shop Act and Liquor Control Act in amounts
not less than those required in section 6.6.1 above for comprehensive general
public liability insurance,and shall also extend that coverage to the Park District as
an additional insured.
C. No Personal Liability. No elected or appointed official or employee of either Party shall be
personally liable, in law or in contract,to the other Party, as the result of the execution of
this Agreement.
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SECTION 7. RESPONSIBILITIES OF THE VILLAGE.
A. Lighting,HVAC,Power,Water.The Village shall furnish,at its expense,all utilities,including
but not limited to, lighting, heating, cooling, power, hot and cold water, local telephone
services, pest control, and trash and garbage disposal for the Village Pool. The Village is
responsible for having all utilities turned on and removing trash from curbside.
B. Keys. The Village shall provide to Park District 12 sets of keys to the Village Pool and all
locations in the Village Pool during the term of this Agreement. Park District shall take all
reasonable steps necessary to insure that the Village's keys are not used for any purpose
other than for providing Services. The Park District shall not copy or provide keys to the
Village Pool to someone other than a manager of Park District or the Park District's
Executive Director.
C.
Facility Maintenance.The Village shall maintain the Village Pool in accordance with
all applicable federal, state and local laws, regulations, ordinances or rules. Prior to
April 1, 2018,the Village shall complete all maintenance and repair work identified
in Exhibit C attached to this Agreement and incorporated herein by this reference to
the satisfaction of the Park District.The Park District will create a list of other major
repairs and capital projects that must be completed,prior to commencement of the
season or by another date specified by the Park District.Any other major repair prior
to or during the pool season estimated to cost $500 or more, will be the
responsibility of the Village. The Village shall maintain the portable electric lift in
fully functioning order for the duration of this Agreement. The Park District shall
utilize the portable electric lift pursuant to applicable law and charge the battery for
same nightly.
D. Concession Stand. The Village will maintain and operate the Concession Stand, at
its sole cost and expense for the season.The Village will be entitled to all revenues
generated by the Concession Stand. The Park District will have access to the ice
machine at all times that the Village Pool is open, during the summer season. The
Village will notify the Park District of any significant issues or early closures that will
affect the operation of the pool.
E. Thorguard System. The Village will provide and maintain a Thorguard Lightning
Detection System at the Village Pool.
F. Golf Cart. The Village will provide the Park District with a golf cart to be used at the
Village Pool between May 1St and September 15th. The Village shall be responsible
to repair and maintain the golf cart.
G. Office Space.The Village will provide an air-conditioned space for Park District staff.
SECTION 8. RELATIONSHIP OF THE PARTIES, DEFAULT,COOPERATION.
A. Relationship of the Parties. The Park District shall act as an independent contractor in
providing and performing the Services. Nothing in, nor done pursuant to, this Agreement
shall be construed (i) to create the relationship of principal and agent, employer and
employee,partners,or joint venturers between the Village and Park District;or(ii)to create
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any relationship between the Village and any subcontractor of the Park District.
B. Conflict of Interest. The Park District represents and certifies to the Village that,to the best
of its knowledge, (i) no Village employee or agent is interested in the business of the Park
District or this Agreement;(ii)as of the date of this Agreement neither the Park District nor
any person employed or associated with the Park District has any interest that would
conflict in any manner or degree with the performance of the obligations under this
Agreement; and (iii) neither the Park District nor any person employed by or associated
with the Park District will at any time during the term of this Agreement obtain or acquire
any interest that would conflict in any manner or degree with the performance of the
obligations under this Agreement. The Village represents and certifies to the Park District
that,to the best of its knowledge,(i) no Park District employee or agent is interested in the
business of the Village or this Agreement; (ii) as of the date of this Agreement neither the
Village nor any person employed or associated with the Village has any interest that would
conflict in any manner or degree with the performance of the obligations under this
Agreement;and(iii)neither the Village nor any person employed by or associated with the
Village will at any time during the term of this Agreement obtain or acquire any interest
that would conflict in any manner or degree with the performance of the obligations under
this Agreement.
C. Sexual Harassment Policy. Each Party hereby certifies to the other Party that is has a
written sexual harassment policy in full compliance with Section 2-105(A)(4) of the Illinois
Human Rights Act,775 ILCS 5/2-105(A)(4).
D. Compliance with Laws and Grants. Each Party shall give all notices, pay all fees, and
take all other action that may be necessary to ensure that their respective duties under
this Agreement are performed in accordance with all required governmental permits,
licenses, or other approvals and authorizations that may be required in connection
with said duties, and with all applicable statutes, ordinances, rules, and regulations,
including without limitation: the Fair Labor Standards Act; any statutes regarding
qualification to do business; any statutes prohibiting discrimination because of, or
requiring affirmative action based on, race, creed, color, national origin, age, sex, or
other prohibited classification, including, without limitation, the Americans with
Disabilities Act of 1990,42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775
ILCS 5/1-101 etseq. Each Party shall also comply with all conditions of any federal, state,
or local grant received by the Village or Park District with respect to this Agreement or the
Services. Each Party shall be solely Gable for any fines or civil penalties that are imposed
by any governmental or quasi-governmental agency or body that may arise out of or in
connection with that Party's, or its subcontractors', performance of,or failure to perform,
its duties hereunder,or any part thereof.
E. Default. If it should appear at any time that the Park District has failed or refused to
prosecute, or has materially delayed in the prosecution of, the Services with
diligence at a rate that assures completion of the Services in compliance with the
requirements of this Agreement, ("Event of Default")and fails to cure any such Event of
Default within ten business days after the Park District's receipt of written notice of such
Event of Default from the Village, then the Village shall have the right, without prejudice
to any and all legal and equitable remedies, to pursue any one or more
of the following remedies:
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1. Cure by Park District. The Village may require the Park District, within a
reasonable time,to complete or correct all or any part of the Services that are
the subject of the Event of Default;and to take any or all other action necessary
to bring the Park District and the Services into compliance with this Agreement.
2. Termination of Agreement by Village. The Village may terminate this
Agreement if the Park District does not cure an "Event of Default" within 14
days' notice.The term of the agreement shall be divided into four quarters. If
the Village terminates the Agreement in one of these quarters,the Park District
shall return to the Village either %, % or % of the remaining unspent Cost of
Services, as the case may be, depending on which quarter the termination
occurs.The Park District shall have no duty to repay the Village any portion of
the Agreement Amount or Cost of Services that the Park District has already
spent providing the Services. The Park District shall retain the full Cost of
Services for all completed quarters and forthe quarter in which the termination
occurs.
F. No Additional Obligation.The Parties acknowledge and agree that the Village is under no
obligation under this Agreement or otherwise to negotiate or enter into any other or
additional contracts or agreements with the Park District, or with any vendor solicited or
recommended by the Park District.
G. Mutual Cooperation. The Village agrees to cooperate with the Park District in the
performance of the Services,including meeting with the Park District and providing the Park
District with such information that the Village may have that may be relevant and helpful
to the Park District's performance of the Services. Promptly after the Effective Date, the
Village shall provide the Park District with operating manuals, operating checklists, safety
information, audits, health department inspection data and financial statements,
income/operating statements,warranty and any other information related to operation of
the Village Pool over the last three years Notwithstanding the foregoing, the Village
acknowledges and agrees that the Park District will retain full operational control of the
Village Pool for the Term.
SECTION 9. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective unless
and until such amendment or modification is in writing, properly approved by both
Parties, in accordance with applicable procedures, and executed.
B. Assignment. This Agreement may not be assigned by the Village or by the Park District
without the prior written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the
Parties hereto and their agents,successors, and assigns.
D. Notice. Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable
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overnight courier, (iii) by certified mail, return receipt requested, and deposited in the
U.S. Mail, postage prepaid, (iv) by facsimile, or(v) by electronic internet mail ("e-mail').
Facsimile notices shall be deemed valid only to the extent that they are (a) actually
received bythe individual to whom addressed and(b)followed by deliveryof actual notice
in the manner described in either (1), (ii), or (iii) above within three business days
thereafter at the appropriate address set forth below. E-mail notices shall be deemed
valid and received by the addressee thereof when delivered by e-mail and (a)opened by
the recipient on a business day at the address set forth below,and(b)followed by delivery
of actual notice in the manner described in either (i), (ii) or above within three business
days thereafter at the appropriate address set forth below. Unless otherwise expressly
provided in this Agreement, notices shall be deemed received upon the earlier of (a)
actual receipt; (b)one business day after deposit with an overnight courier as evidenced
by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as
evidenced by a return receipt. By notice complying with the requirements of this
Subsection, each party shall have the right to change the address or the addressee, or
both,for all future notices and communications to such party, but no notice of a change
of addressee or address shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the
following address:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois
60523
Attention: Riccardo Ginex,Village Manager
E-mail: rginex@oak-brook.org
Notices and communications to the Park District shall be addressed to, and delivered at,
the following address:
Oak Brook Park District
1450 Forest Gate Road
Oak Brook, Illinois 60523
Attention:Jessica Gray,Aquatic Manager
Manager Email:jgray@obparks.org
E. Third Party Beneficiary.No claim as a third party beneficiary under this Agreement by any
person, firm, or corporation other than a Party shall be made or be valid against either
Party.
F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be
affected, impaired or invalidated.
G. Time.Time is of the essence in the performance of this Agreement.
H. Governing Laws.This Agreement shall be interpreted according to the laws of the State
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of Illinois.
I. Entire Agreement.This Agreement constitutes the entire agreement between the Parties
and supersedes any and all previous or contemporaneous oral or written agreements and
negotiations between the Village and the Park District with respect to the Services.
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or
constitute a waiver of any other provision of this Agreement (whether or not
similar) nor shall any such waiver be deemed to or constitute a continuing waiver
unless otherwise expressly provided in this Agreement.
K. Exhibits. Exhibits A through C are attached hereto and, by this reference,
incorporated in and made a part of this Agreement. In the event of a conflict
between any Exhibit and the text of this Agreement, the text of this Agreement
shall control.
L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies, and benefits provided to either Party
by this Agreement shall be cumulative and shall not be exclusive of any other such
rights, remedies, and benefits allowed by law.
M. Counterpart Execution.This Agreement may be executed in several counterparts,
each of which, when executed, shall be deemed to be an original, but all of which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF,the Parties have executed the Agreement as of the date first above
written.
VILLAGE OF OAK BROOK
By:
Village President
ATTEST:
By:
Village Clerk
OAK BROOK PARK DISTRICT
By:
President, Board of Park Commissioners
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ATTEST:
By:
Secretary, Board of Park Commissioners
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EXHIBIT A
SCOPE OF SERVICES
The Services shall include:
I Hours of Operation.
A. The Park District will operate the Village Pool and make the Village Pool available for
public recreational use,during the hours set forth in Appendix No 1 to this Exhibit A,
attached hereto and incorporated herein by this reference (collectively, "Hours of
Operation).
B. The Park District may close the Village Pool per regulations and directives of the
Illinois Department of Public Health("IDPH")Swimming Facility Code(Title 77,Ch.1,
Subch. N, Part 820) as amended from time to time, or at the discretion of the Park
District's managers.
2. Village Pool Management. Park District shall manage the Village Pool, which includes,
without limitation, the associated deck areas, restrooms, mechanical and pump rooms,
which management shall include, without limitation, managing the daily opening, closing,
and maintenance of the Village Pool. Park District shall assign personnel to the Village Pool
who shall be responsible for monitoring its lifeguards and other staff, coordinating the
provision of the Services, and monitoring the operation of the Village Pool.At least one Park
District supervisor shall be on duty during all Hours of Operation. The Park District shall
provide an employee at the area known as the Beach during the times noted in Exhibit A,
Appendix No.1. Notwithstanding the foregoing, the Park District shall have no liability or
responsibility for supervising, managing, inspecting or maintaining the Beach area or any
activities at that location.
3. Lifeguards. Park District shall provide lifeguards to the Village Pool in accordance with
applicable IDPH regulations during all Hours of Operation. Lifeguards shall provide cleaning
and maintenance to the Village Pool. Lifeguards shall wear distinguishing and appropriate
attire at all times while on duty during the Hours of Operation.All lifeguards shall be certified
by Starfish Aquatics.The Park District shall retain all lifeguard licenses on site.
4. De-winterization; Opening of Pool(s). Park District shall facilitate the opening of the Village
Pool. Park District will start up pools in advance of May 26, 2018 and pursuant to a schedule
approved of in advance by the Parties. Park District will fill the pool and remain responsible
for the water level and turning the water off when the pool has been filled. It is the
responsibility of Park District to inspect and clean the pool before May 26, 2018. In addition,
Park District is responsible for obtaining a pre-season inspection by the applicable county's
health department and taking all steps that may be necessary to obtaining a passing
inspection. Park District shall collect any and all trash in the Village Pool and deposit it at the
designated curbside location or in the Village's dumpster. The Park District will not be
responsible for any physical damage to the pool(s), pipes (whether above ground or
underground), drains, or other equipment allegedly related to or resulting from attempts at
winterization or dewinterization of the pool(s) and/or the alleged failure to properly winterize
or dewinterize the pool(s).
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Priorto May 26,2018,Park District will remove all Village deckfu rnitu re from storage and place
on pool deck. Park District will return all Village furniture to storage at the end of the Pool
Season.
5. Pool Chemicals. Park District will supply any and all necessary chemicalstothe Village for the
operation of the Village's pools in sufficient quantity to comply with all applicable federal,
state,county, and local regulations for the duration of the Pool Season. The cost of these
chemicals is included in the Cost of Services and Agreement Amount .
6. Pool Cleaning;Restroom Cleaning. Duringthe Pool Season, Park District will clean the pool(s)
at the Village Pool. Park District employees will check on the cleanliness of the Village Pool's
restrooms and pool deck throughout each day of operation and clean or otherwise address
any deficiencies as necessary. Park District shall not be responsible for providing cleaning
supplies, which shall be provided by, and at the sole cost of, the Village.
7. Inspections. Park District shall exercise reasonable efforts to inspect the Village Pool and all
equipment,personal property, and fixtures therein("Inspections"). and promptly notify the
Village of any items relating to the Village Pool,including furniture and any pool equipment,
which require repair or replacement. The Inspections shall include inspections of the pools
by technicians certified as Certified Pool Operators or Aquatic Facility Operators. All
inspections shall meet applicable standards established by IDPH.
8. Winterization of Pools. Park District shall perform the winterization of the Village Pool
following standard operating procedures (the "Winterization"). Winterization of the
pool(s)shall notconstitute a guarantee against damage by freezing or other causes,and the
Park District will not be responsible for any physical damage to the pool(s), pipes (whether
above ground or underground),drains, or other equipment allegedly related to or resulting
from attempts at winterization or dewinterization of the pool(s) and/or the alleged failure
to properly winterize or dewinterize the pool(s).The Park District shall not be responsiblefor
winterizingtheVillage Pool'srestrooms or other plumbing fixtures.
9. Safety Equipment. Park District shall furnish all portable pool safety equipment required
by IDPH,including automated electronic defibrillator(s)("AEDs").Village will supply lifeguard
raised chairs and umbrellas in sufficient quantity to comply with the applicable laws and
regulations.
10. Programming. Programming will be provided solely and exclusively by the Park District to
benefit Village Pool users.The Village will conduct all swim team activities during specified
swim team hours of 9:00— 11:30 AM and 3:30—4:45 PM, Monday through Friday plus
two home swim team meets starting a 4:OOpm on two specified Thursday afternoons.
The Park District will supply all lifeguards required for programming. All waivers for
programming shall include language waiving all claims against the Village and the Park
District.
11. Marketing. Park District shall also have the ability to market, promote, conduct programs,
cross-market Park District Programs and otherwise market Village Pool activities with the
exception of swim team.The Village will have sole and exclusive authority and control over
all marketing,promotions,programs,cross-marketing related to swim team.Village may also
market and cross-market Park District programs and activities at the Village Pool in Village
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marketing outlets, as agreed by the Parties.
12. Membership and Program Registration. The Park district shall be responsible for and have
sole control and authority over all membership and program registration. When authorized
by the Park District, Bath and Tennis Club members may access the Park District's Indoor
Family Aquatic Center when the Village Pool is closed due to repairs, inclement weather or
other unforeseen circumstances.
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Appendix No. 1
Early Season Hours(May 26-June 1)
Main Diving Wading
Pool Well Pool Beach
May 26-27 12-6p 12-6p 12-6p 12-5p
May 28th 12-4p 12-4p 12-4p 12-4p
May 29-June 1 4-8p 4-7p 4-8p closed
Regular Season Hours(June 2-August 19)
Main Diving Wading
Pool Well Pool Beach
June 2-July 2 12-8p 12-7p 12-8p 12-7p
July 3rd 12-4p 12-4p 12-4p 12-4p
July 4th 12-4p 12-4p 12-4p 12-4p
July 5-August 19 12-8p 12-7p 12-8p 12-7p
Late Season Hours(August 20-September 2)
Main Diving Wading
Pool Well Pool Beach
August 20-24 closed closed closed closed
August 25-26 12-4p closed 12-4p 12-4p
August 27-September 31 closed closed closed closed
September 1-2 12-4p closed 12-4p 12-4p
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EXHIBIT B
KEY PERSONNEL
Park District Key Personnel
A. Executive Director
B. Aquatic Manager
C. Building Technician
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EXHIBIT C
MAINTENANCE AND REPAIR WORK TO BE COMPLETED
BY VILLAGE PRIOR TO APRIL 1,2018
1. Replace all 3 diving boards and corresponding diving board structures.
2. Verify that all inlets are in compliance with the Illinois Swimming Facility Code and applicable
federal law; make any repairs necessary to ensure compliance of each pool inlet.
3. Add depth markers around the perimeter fencing for each pool as required by the Illinois
Swimming Facility Code.
4. Review posted signage and add any additional signage required by applicable law to be
posted throughout the facility.
5. Add signage around the pond and near the sand area stating"No swimming allowed"as this
area is designated as a canoe and paddle boat area.
6. Prepare an emergency response plan for approval by the Park District, including specific
operational information for the pool area as well as the pond.
7. Repair and repaint any chipping paint around any of the pools.
8. Complete a confined space assessment on the surge pit and filtration system for approval by
the Park District.
9. Arrange for training by the current maintenance company on all operational aspects of the
pool's mechanical systems for all Park District employees as designated by the Park District's
Executive Director.
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