R-1766 - 12/11/2018 - AGREEMENTS - Resolutions Supporting DocumentsBOT AGENDA Page 1
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
December 11, 2018
SUBJECT: Intergovernmental Agreement - Oak Brook Park District Pool
Management Services
FROM: Riccardo F. Ginex, Village Manager
BUDGET SOURCE/BUDGET IMPACT: $230,000
RECOMMENDED MOTION: Motion to Approve Resolution – R-2018-IGA-
OBPKD-POOL-R-1766, 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:
After a successful 2018 season at of pool management with the Park District, the Village
will enter into a proposal with them to handle the Pool Management for the 2019 season.
This year the Village will pay the Park District $230,000 for services which will include
Lifeguards, Management and Operations, Supplies, and Programming Costs. This is
$25,000 less than the past season. The Village will continue to handle the concession
stand and make the appropriate repairs as necessary to the pools. Both parties may
mutually agree to renew this Agreement for up to three additional one-year terms, through
October 2022.
Again, I 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.
ITEM 11.B.3
RESOLUTION 2018-IGA-OBPKD-POOL-R-1766
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 2019 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 2019 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 2018-IGA-OBPKD-Pool-R-1766
IGA with Oak Brook Park District
Page 2 of 3
APPROVED THIS 11th day of December, 2018
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of December, 2018
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2018-IGA-OBPKD-Pool-R-1766
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
______________, 2019 (“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, 2019 (“Commencement Date”) and shall continue to perform
the Services until their completion, but in no event after October 1, 2019 (“Time of
Performance”). Unless terminated earlier pursuant to the terms and conditions of this
Agreement, the term of this Agreement shall be February 1, 2019 to October 1, 2019,
inclusive. (“Term”). The Parties may mutually agree to renew this Agreement for up to
three additional one-year terms as follows: 1) February 1, 2020 to October 1, 2020; 2)
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February 1, 2021 to October 1, 2021; and 3) February 1, 2022 to October 1, 2022
(individually referred to as “Renewal Term”). The Parties must agree to any Renewal Term
on or before November 15 of each year.
D. Reporting. The Park District shall regularly report to the Village Manager, or his designee,
regarding the performance of the Services during the Term and any Renewal Term of this
Agreement.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
A. Cost of Services, Payment.
1. On or before the Effective Date, the Village shall pay to the Park District the sum
of $230,000 (“Agreement Amount”), the Parties having determined that said sum
approximates the actual cost of providing the Services for the Term (“Cost of
Services”).
2. In the event the Parties agree to renew this Agreement for any Renewal Term, the
Cost of Services may be increased by up to three percent (3%) each Renewal Term
upon the Parties’ mutual written agreement.
3. The Village shall collect and retain fees for all pool memberships, daily guest
passes, morning lap swim and any Village programs, lessons or events conducted
at the Village Pool including, but not limited to, swim team and water polo. The
Park District shall retain all fees from any Park District programs, lessons or events
conducted at the Village Pool, including but not limited to Fluid Running classes,
water aerobics and the masters swim team (collectively, “Park District Programs”).
The Village agrees to collect and reimburse the Park District for all “drop-in” fees
received for any Park District Programs. Such reimbursement shall be made on
July 15th and September 15th of the Term and each Renewal Term of this
Agreement and shall include an itemized accounting of all drop in fees received
for Park District Programs.
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.
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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.
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 and any Renewal 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
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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.B.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.
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 and any Renewal 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
of the Term and each Renewal Term, the Village shall complete all annual maintenance
and repair work identified in Exhibit C attached to this Agreement and incorporated
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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 of the Term and each Renewal Term. 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 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 or any Renewal 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
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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 or any
Renewal 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 et seq.
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 liable 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:
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 and any Renewal 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 3/4, 1/2 or 1/4 of the remaining unspent Cost of
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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 for the 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 and any Renewal 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
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 by the individual to whom addressed and (b) followed by delivery of actual
notice in the manner described in either (I), (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
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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: Rick 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: Rob Bond, Aquatic Manager
Manager Email: rbond@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
of Illinois.
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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
ATTEST:
_____________________________________
By: Secretary, Board of Park Commissioners
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EXHIBIT A
SCOPE OF SERVICES
The Services shall include:
1. 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 Memorial Day weekend 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 in
advance of Memorial Day weekend. 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
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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 de-winterization of the
pool(s) and/or the alleged failure to properly winterize or de-winterize the pool(s).
Prior to Memorial Day weekend, Park District will remove all Village deck furniture 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 chemicals to the 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. During the 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 not constitute 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 responsible for winterizing the Village Pool's restrooms or other plumbing fixtures.
9. Safety Equipment. The Village 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
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swim team hours of 8:30– 11:00 AM and 3:30 – 4:45 PM, Monday through Friday plus two
home swim team meets starting a 4:00pm 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 marketing outlets, as agreed by the Parties. The Village shall be responsible for
all costs for production and distribution of marketing publications.
12. Membership and Program Registration. The Park District shall be responsible for and have
sole control and authority over all Park District program registration. The Village shall be
responsible for and have sole control and authority over all Village pool membership
registration and all Village 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 1
Hours of Operation
Early Season Hours (May 25-31)
Main Pool Diving Well Wading Pool Beach
May 25-26 12pm-6pm 12pm-6pm 12pm-6pm 12pm-5pm
May 27th (Memorial Day) 12pm-6pm 12pm-6pm 12pm-6pm 12pm-5pm
May 28-31 4pm-7pm 4pm-7pm 4pm-7pm closed
Regular Season Hours Week Days (June 1 - August 18)
Main Pool Diving Well Wading Pool Beach
June 1 - July 2 11am-7pm 11am-7pm 11am-6pm 12pm-6pm
July 3rd 12pm-6pm 12pm-6pm 12pm-6pm 12pm-5pm
July 4th 12pm-6pm 12pm-6pm 12pm-6pm 12pm-5pm
July 5- August 18 11am-7pm 11am-7pm 11am-6pm 12pm-6pm
Regular Season Hours Saturday/Sunday (June 1 - August 18)
Main Pool Diving Well Wading Pool Beach
Weekends Only 10am-7pm 10am-7pm 10am-6pm 12pm-6pm
Late Season Hours (August 19 - September 1)
Main Pool Diving Well Wading Pool Beach
August 19-23 4pm-7pm 4pm-7pm 4pm-7pm closed
August 24-25 12pm-6pm 12-6pm 12-6pm 12-5pm
August 26-30 4pm-7pm 4pm-7pm 4pm-7pm closed
August 31 - September 1 12pm-6pm 12pm-6pm 12pm-6pm 12pm-5pm
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EXHIBIT B
KEY PERSONNEL
Park District Key Personnel
A. Deputy Director
B. Aquatic Manager
C. Building Technician
D. Aquatic Coordinator
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EXHIBIT C
MAINTENANCE AND REPAIR WORK TO BE COMPLETED
BY VILLAGE PRIOR TO APRIL 1
1. Repair or replace all diving boards and corresponding diving board structures found to be
faulty during inspection prior to opening the pool.
2. Inspect and update all VGB grates, pool inlets and gutters to ensure that they are in
compliance with Illinois Swimming Facility Code and applicable federal law.
3. Ensure that depth markers on fence and deck are uniform in appearance, easy to read
per Illinois Swimming Facility Code and accurately reflect the depth at point of
positioning.
4. Inspect, repair or replace any broken concrete in or around the pool area including pool
gutters and deck.
5. Inspect, repair or replace any other physical features of the pool and the surrounding area
including, but not limited to the shade structures, security fence/gates and landscaping.
6. Inspect and repaint any pool features requiring paint in or around the pool area including
no diving and depth indicators on deck.
7. Update any changes to rules and regulation signage posted throughout the pool area as
well as for around the pond.
8. Repair or replace any pumps, motors, gaskets, valves or other major parts critical to
proper pool circulation and operation found to be faulty during the de-winterizing of the
pool and inspecting for opening by the Park District and/or their contracted providers.
9. Any unexpected or mutually agreed upon capital improvements as decided by both the
Village and Park District.
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