FOX VALLEY PARK DISTRICT BOARD OF TRUSTEES Serving the Fox Valley Park District Kane, DuPage, Kendall and Will Counties, Illinois OPEN SESSION MEETING AGENDA August 17, 2015 Eola Community Center 555 S. Eola Rd., 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 07/13/15. 5.2 Approve payables 07/31/15 in the amount of $1,927,691.73. 5.3 Approve statement of estimated revenues and expenses for period ending 06/30/15. 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 Reject the bids for the construction of the splash pad at the “Coach” Wilbert Walters Park. 5.7 Award the base bid in the amount of $45,497.60 from Fuerte Systems Landscaping, Inc., Plainfield, Illinois, for the construction of Palmer Park improvements. 5.8 Approve the License Agreement between the Fox Valley Park District and Aurora Memory Care for a sidewalk access connection to the Fox River Trail. 5.9 Approve payment of the 2015-2016 invoice for dispatch services in the amount of $40,942.35 to Kane County Emergency Communications. 5.10 Approve the purchase of a Lastec Model 80 mower from JW Turf in the amount of $35,112 and declare #122 surplus. 5.11 Approve the Vermont Systems, Inc. software and maintenance agreements. 5.12 Adopt Resolution approving a Tax-Exempt Bond Record-Keeping Policy. 1
Transcript
FOX VALLEY PARK DISTRICTBOARD OF TRUSTEES
Serving the Fox Valley Park DistrictKane, DuPage, Kendall and Will Counties, Illinois
OPEN SESSION MEETING AGENDAAugust 17, 2015
Eola Community Center555 S. Eola Rd., 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 07/13/15.
5.2 Approve payables 07/31/15 in the amount of $1,927,691.73.
5.3 Approve statement of estimated revenues and expenses for period ending 06/30/15.
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 Reject the bids for the construction of the splash pad at the “Coach” Wilbert Walters Park.
5.7 Award the base bid in the amount of $45,497.60 from Fuerte Systems Landscaping, Inc.,Plainfield, Illinois, for the construction of Palmer Park improvements.
5.8 Approve the License Agreement between the Fox Valley Park District and Aurora Memory Carefor a sidewalk access connection to the Fox River Trail.
5.9 Approve payment of the 2015-2016 invoice for dispatch services in the amount of $40,942.35 to Kane County Emergency Communications.
5.10 Approve the purchase of a Lastec Model 80 mower from JW Turf in the amount of $35,112 anddeclare #122 surplus.
5.11 Approve the Vermont Systems, Inc. software and maintenance agreements.
5.12 Adopt Resolution approving a Tax-Exempt Bond Record-Keeping Policy.
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6.0 PRESENTATIONS AND SPECIAL RECOGNITION President Vaughan
6.1 Park District Intern Presentations
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
8.1 Semi-Annual Review of Closed Session Minutes: Approve a Resolutionfor the (1) release of certain closed session minutes in full relating to theperiod January 2015 – June 2015 and (2) continued redaction of certainclosed session minutes in whole or in part and (3) destruction of certainclosed session verbatim recordings made prior to January 2014.
9.0 EXECUTIVE DIRECTOR BUSINESS Director McCaul
10.0 CONTINUED BUSINESS
11.0 NEW BUSINESS
11.1 Presentation and acceptance of Comprehensive Annual Financial Report Fred Lantz(Audit) for the Fox Valley Park District fiscal year ending April 30, 2015. Sikich LLP
11.2 Presentation and acceptance of the Comprehensive Annual Financial Fred LantzReport (Audit) for the Family Aquatic Centers fiscal year ending Sikich LLPApril 30, 2015, contingent upon the Aquatic Administrative Board reviewand acceptance of the same.
11.3 Approve the amendment to the agreement with ATI for the continued Laurie Hoffmanlease of space that they currently occupy at the Vaughan Athletic Center through 4/30/2016.
11.4 Approve the following appointments to the Fox Valley Park Foundation President VaughanBoard of Directors with terms to expire in 2017: Rachel Ossyra andAlex Alexandrou
11.5 Approve the following appointments to the Fox Valley Park District President VaughanExecutive Director Recruitment Committee: Alex Alexandrou andTheodia Gillespie
12.0 CORRESPONDENCE AND ANNOUNCEMENTS President Vaughan
13.0 CLOSED SESSION President Vaughan
13.1 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
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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 ofminutes 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).
14.0 RETURN TO OPEN SESSION President Vaughan
14.1 Approve Closed Session Minutes from July 13, 2015.
15.0 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 ADA Coordinator, Mr. Mike Erickson (630-897-0516) promptly to allow the District to make reasonable accommodations.
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BOARD OF TRUSTEESOPEN SESSION MEETING MINUTES
July 13, 2015 Prisco Community Center
150 W. Illinois Avenue, Aurora 6:00 p.m.
1.0 CALL MEETING TO ORDERPresident Vaughan called the meeting to order at 6:00 p.m.
2.0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
3.0 ROLL CALLThe following members of the Board of Trustees were present: Alex Alexandrou, Chuck Anderson, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; present via teleconference: Theodia Gillespie. A quorum was present. Also present: Executive Director Nancy McCaul, Attorney Gerald Hodge, administrative staff and guests.
4.0 ADDENDA TO THE AGENDAAlex Alexandrou addressed the board requesting a change of the August 2015 Board of Trustees meeting date. He suggested moving the date one week to Monday, August 17, 2015. Alex Alexandrou motioned, Denny Wiggins seconded and the board unanimously approved changing the date of the August 2015 board meeting to Monday, August 17, 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.
5.0 CONSENT AGENDAPresident Vaughan requested Consent Agenda items 5.8, 5.9 and 5.11 be moved to New Business for further discussion. Cynthia Penne motioned, Rachel Ossyra seconded and the board unanimously approved the consent agenda items, with items 5.8, 5.9 and 5.11 being moved to New Business for further discussion. 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 Open Session meeting minutes of June 1, 2015 Committee of the Whole Meeting. Approve the Open Session meeting minutes of June 8, 2015 Regular Meeting.
5.2 Approve payables 06/30/15 in the amount of $1,296,945.25.
5.3 Approve statement of estimated revenues and expenses for period ending 05/31/15.
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 the Addendum Agreement between the Illinois Department of Transportationand the Fox Valley Park District regarding the construction of an asphalt trail as part of theRoute 34/CN railroad grade separation project.
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5.7 Approve the removal and replacement of cabinets and countertops in rooms 108, 112 and 155 at the Eola Community Center from American Business Interiors in the amount of $45,877.23.
5.8 Moved to New Business - Authorize the purchase of a 1 - Toro Workman MDE Utility Vehicle in the amount of $11,491.66, 1 – Toro Workman MD Utility Vehicle in the amount of $6,999, 2 – Toro 7200 Mower/Polar Trac Units in the amount of $78,000 and 1 – Ryan Mataway Overseeder in the amount of $5,590 and declare utility vehicle #1 and #55 surplus as well as mowers #105, #112, #170 and #180 surplus.
5.9 Moved to New Business - Authorize the purchase of 1 – Ford F350 4x4 pickup truck for $22,506 and 2 – Ford F150 4x2 crew cab pickups for $49,148 from Packey Webb Ford and to declare trucks #96, #61 and #33 surplus.
5.10 Award the base bid in the amount of $127,896.40 from Abbey Paving Company, Aurora, Illinois, for the restoration of the original Copley 2 Park Boxing Club site and adjacent parking lot.
5.11 Moved to New Business - Approve letter to Fox Valley Special Recreation Association for information regarding the use of special recreation funds (Section 5-8) adopted as part of the 2015-16 fiscal year budget.
6.0 PRESENTATIONS AND SPECIAL RECOGNITION - None presented.
7.0 PUBLIC COMMENT - For matters not on the agenda. – None presented.
8.0 ATTORNEY BUSINESS
8.1 Approve modifications to the Board of Trustees Rules of Order, Policies and Operational Procedures.Attorney Hodge spoke to the board regarding changes to the Rules of Order document. The change takes out the language that was previously added to allow for regular Committee of the Whole meetings. It was the consensus of the board that the Committee of the Whole meetings were not necessary.
8.2 Approve cancellation of Committee of the Whole MeetingsAttorney Hodge told the board the revised Committee of the Whole meeting calendar was to illustrate the cancellation of the scheduled meetings.
Chuck Anderson motioned, Alex Alexandrou seconded and the board unanimously approved the modifications to the Board of Trustees Rules of Order, Policies and Operational Procedures and the cancellation of the scheduled Committee of the Whole meetings. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
9.0 EXECUTIVE DIRECTOR BUSINESSDirector McCaul directed the board’s attention to the Employee Newsletter and the 2014-2015 Major Accomplishments handout. Blackberry Farm is doing well with increased revenues and attendance. However, with the unseasonably cold weather and rain, Aquatics attendance is down 43 percent and season pass sales is down 21 percent.
10.0 CONTINUED BUSINESS – None presented.
11.0 NEW BUSINESS
11.1 Approve the repairs to three Innovent roof top units for the pool areas at the Vaughan Athletic Center from RJ O’Neil for $44,976.Mike Erickson told the board the manufacturer sent a technician last year to look at the three units. A report was generated and forwarded to an Innovent certified service company, Applied Mechanical. They
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advised that the cost to repair all three would be about $45,000. Repairs will help prolong the replacement. The only bid was from R.J. O’Neil. Denny Wiggins asked what the life will be of the units with repair work; Mike Erickson replied maybe two years. The two larger units have a replacement cost of $400,000 - $500,000. Bob Vaughan asked what the problems are with the current units. Mike Erickson said there are broken parts and rust. Rachel Ossyra motioned, Alex Alexandrou seconded and the board unanimously approved the repairs to three Innovent roof top units for the pool areas at the Vaughan Athletic Center from RJ O’Neil for $44,976. 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 Approve an amendment to the Use Permit and License Agreement with the Kane County Forest Preserve for the garden plots at the Oakhurst Forest Preserve.Mike Erickson informed the board that the 5-year Use Permit and License Agreement with the Kane County Forest Preserve expired. The permit was for garden plots at the Oakhurst Forest Preserve. The amendment is for an additional 5-year term. Cynthia Penne motioned, Alex Alexandrou seconded and the board unanimously approved an amendment to the Use Permit and License Agreement with the Kane County Forest Preserve for the garden plots at the Oakhurst Forest Preserve. 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 Approve the Park Dedication Agreement for the 5.31 acre Lot 164 park in The Estate Homes of
Verona Ridge Subdivision.Jeff Palmquist told the board that 10 years ago, when the planning of the subdivision was taking place, the park district informed the developer they would be obligated to provide a 5.3 acre park site within the project. Due to the recession, the developer lost the project. School District #129 has decided not to build a new elementary school and the developer is now in a position to finish the project so they need the park dedication agreement for final plat approval with the City of Aurora. Alex Alexandrou asked if the school district would pursue a school site in the development in the future. Jeff Palmquist said it’s not likely. Alex Alexandrou motioned, Rachel Ossyra seconded and the board unanimously approved the Park Dedication Agreement for the 5.31 acre Lot 164 park in The Estate Homes of Verona Ridge Subdivision. 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 proposal with Martin Design Partnership, Ltd. in the amount of $16,750 for the development of an enhancement plan for the Orchard Valley Golf Course.Laurie Hoffman spoke to the board about the long-term future of the Orchard Valley Golf Course. It is important that the district develop a plan to secure its future. The enhancement plan will be developed by Martin Design and includes everything from course conditions, marketplace competitiveness and recommendations to achieve the stated goals. It is recommended to get input from the golf community as well as staff. Alex Alexandrou asked Greg Martin if the timing is appropriate. Greg Martin responded this was purely a planning exercise. Alex asked if this could be implemented in 2016; Greg replied that was the hope. Bob Vaughan stated he thought it was a good idea and suggested they talk to the golf community. Denny Wiggins asked who’s responsibility it is to make repairs to the course; Laurie Hoffman said Billy Casper Golf contributes $80,000 each year to a fund for that purpose. Denny Wiggins motioned, Rachel Ossyra seconded and the board unanimously approved the proposal with Martin Design Partnership, Ltd. in the amount of $16,750 for the development of an enhancement plan for the Orchard Valley Golf Course. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
11.5 Moved from Consent Agenda - Authorize the purchase of a 1 - Toro Workman MDE Utility Vehicle in the amount of $11,491.66, 1 – Toro Workman MD Utility Vehicle in the amount of $6,999, 2 – Toro 7200 Mower/Polar Trac Units in the amount of $78,000 and 1 – Ryan Mataway Overseeder in the amount of $5,590 and declare utility vehicle #1 and #55 surplus as well as mowers #105, #112, #170 and #180 surplus.Mike Erickson told the board that when bids are submitted, bids for equipment that are equivalent to name brands are considered. Reinders was the only company to submit a bid minus a bid for the Lastec Model
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80 mower. This piece of equipment will be re-bid. Cynthia Penne motioned, Chuck Anderson seconded and the board unanimously approved the purchase of a 1 - Toro Workman MDE Utility Vehicle in the amount of $11,491.66, 1 – Toro Workman MD Utility Vehicle in the amount of $6,999, 2 – Toro 7200 Mower/Polar Trac Units in the amount of $78,000 and 1 – Ryan Mataway Overseeder in the amount of $5,590, and declare utility vehicle #1 and #55 surplus as well as mowers #105, #112, #170 and #180 surplus. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
11.6 Moved from Consent Agenda - Authorize the purchase of 1 – Ford F350 4x4 pickup truck for $22,506 and 2 – Ford F150 4x2 crew cab pickups for $49,148 from Packey Webb Ford and to declare trucks #96, #61 and #33 surplus.Mike Erickson advised the board that he solicited bids from various auto dealers to see if a better price could be secured than that of the State bid list. Packey Webb Ford was the only bid that came in lower than the State bid list. This enabled the district to save approximately $1,500 over the State bid price. Bob Vaughan asked why the district should purchase an F350 instead of an F250. Mike replied that the F250 doesn’t have enough power to pull heavy loads as efficiently as an F350. The loads would be a strain on an F250. Alex Alexandrou motioned, Chuck Anderson seconded and the board unanimously approved the purchase of 1 – Ford F350 4x4 pickup truck for $22,506 and 2 – Ford F150 4x2 crew cab pickups for $49,148 from Packey Webb Ford and to declare trucks #96, #61 and #33 surplus. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
11.7 Moved from Consent Agenda - Approve letter to Fox Valley Special Recreation Association for information regarding the use of special recreation funds (Section 5-8) adopted as part of the 2015-16 fiscal year budget.Diana Erickson spoke to the board about the reimbursement of funds for ADA related projects. Bob Vaughan asked what the levy was for Special Recreation; Diana replied about $987,000. Bob commented the park district should be cautious with how the money is used. Laurie Hoffman suggested the district ask the Fox Valley Special Recreation Association for recommendations on ADA standards. Rachel Ossyra said all projects should be defensible. Bob Vaughan noted this would be a good subject for the Special Recreation board. Rachel Ossyra motioned, Denny Wiggins seconded and the board unanimously approved the letter to Fox Valley Special Recreation Association for information regarding the use of special recreation funds (Section 5-8) adopted as part of the 2015-16 fiscal year budget, with a caveat for Special Recreation to review. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Theodia Gillespie, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
Chuck Anderson addressed Laurie Hoffman and Jordan Real regarding fitness scheduling issues at the Vaughan Athletic Center. He has been approached by residents about classes being cancelled and substitutes for the part-time instructors. He asked if it were possible to move participants to larger classes instead of cancelling. He advised Laurie Hoffman that he would speak to her further regarding this subject at a future time.
12.0 CORRESPONDENCE AND ANNOUNCEMENTS1. Waubonsee Community College – Christine J. Sobek, President
Congratulations on your retirement.
2. Living Waters Lutheran Church Thank you for the use of your parks.
3. Fox Valley Park District in the News Various recent news article(s) concerning the District.
13.0 CLOSED SESSIONDenny Wiggins motioned, Cynthia Penne seconded and the board unanimously approved concluding the open session at 6:48 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
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Wiggins; voting Nay: none. Motion carried.
14.0 RETURN TO OPEN SESSION
14.1 Approve Closed Session Minutes from 6-1-15Alex Alexandrou motioned, Chuck Anderson seconded and the board unanimously approved the closed session minutes from June 1, 2015. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
14.2 Approve Closed Session Minutes from 6-8-15Alex Alexandrou motioned, Chuck Anderson seconded and the board unanimously approved the closed session minutes from June 8, 2015. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
14.3 Approve Employee Retirement and Consulting AgreementChuck Anderson motioned, Rachel Ossyra seconded and the board unanimously approved the Employee Retirement and Consulting Agreement. Roll call – voting Aye: Alex Alexandrou, Chuck Anderson, Rachel Ossyra, Cynthia Penne, Bob Vaughan and Denny Wiggins; voting Nay: none. Motion carried.
15.0 ADJOURNMENTAlex Alexandrou motioned, Cynthia Penne seconded, and the board unanimously approved by voice vote to adjourn at 7:28 p.m.
Respectfully Submitted By,
Arlene KallienAssistant Board Secretary/Recorder
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Fund Numbers:
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
Page 61 of 61 Fox Valley Park District - List of Bills - As of July 31, 2015
Fox Valley Park District Financial Statement Summary Narrative
June 2015
Fund 10 - Corporate Fund For the month of June, the Corporate Fund received $2,831,634 in Property Taxes, $15,103 in Rental Income and $75,909 in Build America bond interest rebate. Expenses for the month include $6,989 for replacement of leaking skylights at Oakhurst Maintenance, $13,353 for contracted turf maintenance, $5,003 for wildlife management, $24,178 for gasoline, $8,749 for turf care and landscaping supplies, $5,362 for safety supplies and $5,772 for maintenance equipment supplies.
Fund 11 - Liability FundDuring June, the Liability Fund received $159,182 in Property Taxes. Expenses for the month include the semi-annual payment to the Park District Risk Management Agency (PDRMA) for workers compensation, property and liability insurance.
Fund 15 - 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. Expenses for June include $5,270 for painting and repairs to the clubhouse and gutter repairs and the semi-annual payment to the Park District Risk Management Agency (PDRMA) for property and liability insurance.
Fund 17 - AquaticsThe outdoor pools were scheduled to open for the season on May 30, 2015 but due to bad weather, they did not open until June 6th and will close on Labor Day. For the month of June, this fund received $149,822 for Fees and Memberships which is unfavorable by 30.9% comparedto last year and $28,478 for Program revenue fees. Expenses include the semi-annual payment to the Park District Risk Management Agency (PDRMA) for workers compensation, property and liability insurance, $12,500 for management fees to Jeff Ellis Inc. for both facilities, $6,292 for maintenance and repairs at Splash Country, $40,500 for Jeff Ellis contracted labor at Splash Country and $34,500 at Phillips Park, $6,739 for pool chemicals at Splash Country, $5,569 for aquatic maintenance and supplies and $16,199 for the men’s locker room renovation.
Fund 18 - 2008A Referendum G.O. Bonds This fund tracks capital projects that are funded from our 2008 Referendum. For the month of June, this fund received $6,680 for renovation work at Randall Highlands. Expenses include
$8,800 for demo work at 225 Oakwood, North Aurora, $71,143 for the Stuart Sports Complex project, $42,512 for Birmingham Park and $11,520 for Palmer Park.
Fund 19 - Fox Bend Golf Course ProceedsDuring the month of June no significant activity was recorded. The April 30, 2015 fund balance is $1,116,764. Based on June year-to-date financial activity, the available balance for future projects is $1,118,457.
Fund 20 - Recreation Fund For the month of June, the Recreation Fund had Fees and Memberships of $325,450 and Program Revenues of $511,865. Last June, revenues for these categories were $328,384 and $546,478, respectively. Other June revenues include $1,566,052 in Property Taxes, $67,061 in Rental Income, $7,518 in VAC Café sales and $1,759 in Tennis Pro Shop Sales. Expenses during June include $5,782 for electric at Eola and $26,527 at the VAC, $5,403 for natural gas at the VAC, $5,833 for Jeff Ellis Management services, $5,026 in custodial services for Prisco, $10,118 for Eola and $6,841 for the VAC, $6,939 for building maintenance and repairs at the VAC, $11,779 in credit card fees and $31,000 for Jeff Ellis contracted labor at the VAC.
Fund 21 - Museum FundFor the month of June, revenues for this fund included $358,737 for Property Taxes, $7,386 in Rental Income and $9,003 in Merchandise sales. Other revenues include Fees and Pass Sales of $99,535 and Program Revenues of $26,945. Last June, revenues for these categories were $85,175 and $16,189 respectively. Expenses for the month of June include $5,125 for maintenance and repairs to buildings at Red Oak Nature Center, $14,834 for maintenance and repairs to the train and paddle boats at Blackberry Farm, $6,219 for animal feed and veterinary services at Blackberry Farm and $7,326 for gift shop purchases.
Fund 22 - Police and Security Fund For the month of June, revenues for this fund included $371,828 in Property Taxes, $46,900 for the first installment of the intergovernmental policing agreement with the City of Aurora and $5,045 in Rental Income. Expenses included $10,211 for maintenance and repairs to the police building and $5,969 for maintenance and repairs to vehicles.
Fund 23 - Communities in Schools This fund is used as a pass through account for grant distribution for Communities in Schools.
Fund 25 - Fox Valley Special RecreationFor the month of June, revenues for this fund included $443,611 in Property Taxes. Expenses for the month include $6,250 for the family changing room project at the VAC and $37,171 for the annual membership contribution.
Fund 26 - Illinois Municipal Retirement FundFor the month of June, revenues for this fund included $358,737 in Property Taxes. Expenses include IMRF costs for payroll of $52,508 which is net of the contributions from the aquatic centers to cover their portion of IMRF expense.
Fund 27 - Social Security Fund For the month of June, revenues for this fund included $358,737 in Property Taxes. Expenses include FICA costs for payroll of $55,175 which is net of the contributions from the aquatic centers to cover their portion of IMRF expense.
Fund 28 - Audit Fund For the month of June, revenues for this fund included $14,936 in Property Taxes and no significant expenses were recorded.
Fund 29 - Facility Improvement/Replacement FundThis 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 June, this fund’s expenses included $10,688 for the Red Oak Nature Center improvement project.
Fund 31 - Land Cash Fund During the month of June no significant activity was recorded.
Fund 34 - Equipment & Vehicle ReplacementThis 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. For the month of June no significant activity was recorded.
Fund 35 - 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 June no significant activity was recorded.
Fund 39 - 2010 G.O. BondsThis fund tracks the bond proceeds from the June 2009 Build America Bond issue and the associated capital projects this issuance funds. For the month of June, expenses include $7,699 for the Randall Highlands project, $18,888 for Blackberry Farm, and $14,896 for the Austin playground project.
Fund 40 - Debt Service FundThis fund records all debt payments of the park district. For the month of June, revenues for this fund included $3,439,579 in Property Taxes and $27,079 in Build America bond interest rebate.No significant expenses were recorded for the month.
Funds 60 - 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 May 31, 2015 is ($232,440) which indicates a deficit fund balance. For the period ending May 31, 2015, this fund has revenues in excess of expenses of $15,680.
Funds 61 - 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 April 30, 2015 is $568,476. For the period ending May 31, 2015, this fund has revenues in excess of expenses of $4,402.
Fox Valley Park DistrictStatement of Revenues and Expenses
Please find this month’s Board Briefs for your review. If you have any questions or require additional information, please do not hesitate to contact me.
Strategic Plan Objectives1. Develop options for the 2015 tax levy regarding capital funding.
In process: Speer Financial representatives attended the June Committee of the Whole meeting and presented information on refunding existing debt at a lower interest rate and issuing General Obligation Bonds this fall for capital projects. These combined actions will keep our tax levy flat for the fifth consecutive year and allow us funding for about $3.3M of capital projects. We will have a discussion about the 2015 tax levy at the September Board meeting.
2. Develop plan to implement new elected officials legislation.In process: I discussed this process with State Representative Fortner, and Arlene and I met with Attorney Hodge on June 12 to discuss the next steps. Arlene and I also met with the Executive Assistant at the Naperville Park District and learned what responsibilities the District has regarding the election. It was a very informative meeting and has given us a great starting point to begin organizing our implementation plan.
3. Update and implement the district-wide technology enhancement, replacement and procurement plan. In process: I met with Jon Michael, IT Manager, to discuss our ideas for completing this task. We agreed there needs to be written guidelines for replacing and detailed procedures for purchasing technology components. This objective will be completed prior to the development of the 2016-17 budget.
4. Develop curriculum for continuation of Leadership Academy.In process: The Department Directors reviewed the list of all previous courses for this in-house training. In September we will develop a list of courses to consider for next year. This objective will be completed prior to the development of the 2016-17 budget.
5. Develop multi-year training and education plans for staff. This objective will begin in the fall and be completed prior to the development of the 2016-17 budget.
Community Networking, Functions, Events, Intergovernmental Relations and MeetingsThe District was a sponsor for North Aurora Days that was held on August 7-9. We had a tent at the main location (ClockTower Plaza) and we gave away FVPD promotional itemsand had printed up special flyers highlighting our programs, parks and facilities in North Aurora.We worked with the City of Aurora on developing a statement regarding the water conditions at Waubonsie Lake and the City’s plan for engineering and dredging. The District continues to have a presence at all of the Downtown Alive concerts at RiverEdge Park. As a sponsor, we have a booth at each concert and have been collecting many email addresses to add to our contact list.
Park District Events and ProjectsThe All-Staff Summer Bash was held on Saturday, July 25 at Stuart Sports Complex. About 220 employees and their family members attended this afternoon event. Our part-time employees were recognized for their years of service, there were many games to play and the water slide was a big hit. The weather was very hot, but in spite of that, everyone had a good time. Fall registration began on Saturday, August 8. Splash Country will close for the season on August 16; Phillips Park will continue to be open on weekends only through September 7.Blackberry Farm has had record breaking free days this year. The total attendance for all six free days was 14,767 compared to last summer’s free day attendance of 10,075.
UPCOMING DATES & REMINDERS: August 17, Park Foundation Meeting – 4:30 pm, Eola Community CenterAugust 17, Board of Trustees Meeting – 6:00 pm, Eola Community Center September 14-18, NRPA Congress September 21, Park Foundation Meeting – 4:30 pm, Cole Center September 21, Board of Trustees Meeting – 6:00 pm, Cole Center September 22, Aquatic Administrative Board Meeting – 8:00 am, Cole Center
CC: Department Heads
2
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Diana Erickson, Director of Finance and Administration
RE: August 2015 Monthly Report
Strategic Plan Objectives:
1. Develop a plan for the selection, implementation and funding of a new recreation software system.In progress. Contract negotiations are completed and the final agreement will go to the Board for August approval.
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.In progress. A first draft has been developed and the final information will be completed after the Fiscal Year 2015 audit has been approved by the Board.
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 November.
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 development of the pilot of this plan will be discussed with the Executive Director for further guidance.
9. Prepare district for Loss Control review by PDRMA.In progress. This process began in January and involves working with all district departments to complete the review in November.
10. Research opportunities for safety related grants.In progress. 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.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Michael Erickson, Director of Parks and Facility Maintenance
RE: Monthly Report
Strategic Plan Objectives
1. Develop a plan for maintaining/renovating Eola Community Center outdoor trellis structures.
o Completed – An initial meeting with staff has been conducted and a follow up meeting with an architect was done on site at Eola to discuss options for the trellis.
o Completed – A proposal was received from Kluber Architects for design ideas.
o Completed – A meeting was held with staff to review initial design alternatives. A decision was made to have Kluber continue with the option which leaves part of the structure in place and renovate it to be more durable with less maintenance.
2. Implement site specific woodlands management plans for Lippold Park, Red Oak Nature Center, Chesterfield Park, Church Road Park and Arrowwood Park.
o Completed – These sites have been walked by staff with a natural area contractor to discuss plans for the year.
o In progress – Volunteer groups cleared invasive plants from Lippold Park and Church Road Park in July.
o In progress – Understory plant material will be assessed once the invasive plants are removed and a plan made for the standards which we want at each site.
3. Implement the Emerald Ash Borer replacement plan.o In progress – Replacement of trees has begun.
o In progress – The tree survey work will be completed through the summer months.
4. Coordinate with the City of Aurora on the management of lakes and ponds.o Completed – Staff has contacted Rick Mervine, the Alderman who the District
has worked with on Waubonsie Lake to determine who best to begin discussions with at the City. Rick indicated that the City has funds that are budgeted for work
at Waubonsie Lake. The engineering will take place in 2015 with dredging to begin in 2016 if funding is available.
o In progress – Additional discussions with the City through Alderman Mervine were discussed concerning other lakes and ponds that the District manages. Rick said that he would speak with City of Aurora staff about furthering discussions with the District. To date, staff has not heard from the City.
5. Formalize a work flow process where affected departments sign off at various stages of project development and implementation.
o Completed – Staff has already begun utilizing a web based software system for work coordination call Smartsheet.
o In progress – An analysis of which staff should be utilizing Smartsheet is continuing. Additional staff will be added as needed.
o In progress – Staff is being trained as they continue to gain access to Smartsheet.
6. Research installing backup warning devices on Park District vehicles.o Completed – Staff has contacted various suppliers and has received pricing back.
Additional pricing from other vendors is also forthcoming.
o In progress – Facility staff continues to work with the fleet maintenance staff to choose the devices that will be needed for the different types of vehicles and have them installed.
DATE: August 17, 2015
TO: Board of Trustees
FROM: Laurie Hoffman, Director of Recreation & Communications
RE: Monthly Report
Department Highlights:Consistent with improved weather conditions, daily attendance has increased at the outdoor aquatic centers and daily admission sales are up compared to last year. Season pass sales have lagged behind last year-however with a groupon and end of the season punch pass promotion an additional $40,000 in revenue has been generated. We are on track to make budget despite a slow start to the season.
The Amazing Race event scheduled for August 15th has a record number of participants with over 50 teams registered to date.
We are scheduled to meet with Carolyn Nagle from Fox Valley Special Recreation Association to discuss guidelines for budgeting and allocating expenditures for the 5-8fund as a follow up to the July Board meeting.
District staff are continuing discussions with the new ROTC representative from West Aurora High School. We discussed a number of partnership ideas including volunteer service ideas and the potential collaboration for a 5K Run next spring.
Jeff Palmquist, Margaret Gazdacka, and I met with representatives from the Conservation Foundation to discuss how the Mighty Acorns program may be implemented at Red Oak Nature Center.
The department is looking into the development of a sponsorship policy to assist in guiding the district in becoming more consistent with its sponsorship approach with various community groups and businesses. The policy would be comprehensive and will require some research and future board discussions. There will be more to follow in the coming months.
Short-Term Objectives: 2015-16
Develop a repositioning plan for Splash Country Water Park and phase-in improvements at Phillips Park Aquatic Center. A follow up meeting was held with Williams Architects to review preliminary concepts for the aquatic centers. Staff provided further direction for follow up. It is anticipated that conceptual plans will be completed for review by the fall. Meanwhile, staff have toured a number of area aquatic centers featuring spray and splash/climbing features.
Develop plans to furnish Stuart Sports Complex with features to attract athletic tournaments.
o A concessionaire (Reuland’s Food Service) has been secured to operate the new concession building at Stuart.
o Score boards were ordered in conjunction with the new fiscal year timeline.o Concession equipment has been received and installed for the new building.o A new flag pole was installed near the new ball diamonds.o The first phase of navigational signage has been installed.o Tables and chairs and spectator benches have been received.o The ribbon cutting event was held on June 17th.o The new entry “monument” signage has been installed. o The athletic recreation and maintenance teams will be meeting to discuss plans to
improve the north ball field complex area, overall parking, additional signage and scoreboard needs and develop a plan to improve upon the approach to Stuart’s Jericho Rd. entrance. (Minimizing the appearance of equipment visible from the Road).
Develop comprehensive programming plans to coincide with priorities identified in the community needs assessment in:
o Adult Fitness and Wellnesso Youth Sportso Aquatics and Learn to Swim Programso Senior and Active Adult Programso Nature and Camp ProgramsProgramming committees have been formed to examine these areas focusing on thedevelopment and implementation of new programs. The committees are meeting on a monthly basis to discuss and implement specific initiatives.
Develop ad hoc committee with school athletic representatives to collaborate on the expansion of athletic leagues and programs.
o This is a goal of the athletic committee. Staff are already meeting with high school athletic directors on the collaboration of the football program, outreach athletic
programming through the East Aurora School District and a number initiatives through the West Aurora School District. The committee is in process of formulating ideas for initiating a formal athletic advisory committee.
Develop and implement a customer reward/loyalty program. o Staff are in discussions about how best to structure this program. Through the
implementation of the new recreation software system there are a few different optionsfor consideration. Plans will be developed in conjunction with the customization of the software capabilities and subsequent implementation. Planning will begin in the fall of 2015 for the new recreation software.
Complete signage updates at Blackberry Farm and Stuart Sports Complex. o New interpretive signage has been completed and installed in the early streets museum
at Blackberry Farm. The signage provides more detail on the specific exhibits featured in the museum and outlines the historical perspective in detail. Staff will be touring other museums and working with a signage vendor to update the signage in the carriage museum.
o The first phase of navigational signage has been completed and installed at Stuart Sports Complex. The monument entrance signage has now been completed and pole banners have been installed in the entry meridian. Staff are working to update signage (primarily traffic and instructional signage) on the north section of the complex to improve upon the consistency between the older and new sections of the complex. Meanwhile- throughout the season- staff will be identifying needs for future signage while we experience our first full season of the new expansion.
Refine website updates and expand use of social media communications. o The responsive web site and interactive park map applications have been completed.
Under the direction of the new Superintendent of Marketing & Communications- aproject plan is in development. Meanwhile- the website has being updated to reflect the criteria meeting the Gold Medal award requirements. Social media communications continue to expand and grow through the promotion of our events and programs. The Athletic Committee is providing information for the web site to improve upon the navigation and the quality and consistency of information providedregarding athletic leagues and programs.
Develop energy use guidelines and protocol within facilities to reduce energy consumption during peak volume and demand.
o The Facility Management team conducted “energy” walk thrus in each of the community centers to identify opportunities to minimize the use of energy through the development of user protocol and procedures. Managers are piloting adjustment of energy use during the summer months- during peak use times. Evaluation of switches,
emergency and after hours lighting use- are being analyzed as part of the project. Facility Managers are identifying priorities and developing implementation plans.
Expand use of volunteers and sponsorships (Month of July)Volunteer Events Date Location Number of
VolunteersProject
NIU Upward Bound July 2 Blackberry Trails Park 30 High School Students
Natural Area Planting
IMSA July 12 Indian Trail Mini –Hankes Road
50 Trail clean-up
Student Life July 14, 15, and 16 Church Road Park 19 from Columbia Tennessee
Invasive Removal
Student Life July 14, 15, and 16 Lippold Park 16 from Edwardsville, Illinois
Invasive Removal
Student Life July 14, 15, and 16 Waubonsie Lake Park 10 from Ozark, Missouri
Natural Area Planting
Junior Counselor July 1 throughJuly 31st
Vaughan, Prisco, Playgrounds, Eola
12 Junior Counselors JR. Camp Counselors for summer camps
Collaboration Events Date Location Attendees Info
Summer Camps with City of Aurora and CIS
June 15 – July 24 District #129, #131, #204 and #308 Elementary Schools
11 schools - 60 students per school site once a week.
Provided Storybook and/Art for
Montgomery Summer Concerts/Montgomery partnered
June 25 & July 9 Montgomery Park Approximately 200 per concert
Free concerts to public
Sponsorships:The department is looking into the development of a sponsorship policy to assist in guiding the district in becoming more consistent with its sponsorship approach with various community groups and businesses. The policy would be comprehensive and will
require some research and future board discussions. There will be more to follow in the coming months.
2015 Sponsorships: Event In-Kind and Cash Sponsorship
Revenue
Spring Gallop $10,618
Canoe Race $11,180
Golf For Kids $75,300
Summer Stage $300*
Concerts in the Park/Live and Uncorked
$2,600
Family Fun Nights (BBF)
$200
Amazing Race $3,050*
Family Luau-Aquatics $300
Bug Fest $6,125*
Pumpkin Weekends $1,600*
*Complete sponsorship information not in year for these events
Develop and implement business and promotional strategy to maximize revenue potential for Stuart Sports Complex.
o A new promotional guide has been developed and the web site updates will follow. The Community Athletic Liaison is working closely with a number of community partners on attracting future tournaments to Stuart. Discussions are already underway for securing the 2016 USSSA Girls Fast pitch National Championship. The District is working with the Tourism Bureau, City of Aurora and Waubonsie Community College- to attract this event for 2016. Meanwhile the schedule for the 2015 season has been quite comprehensive. A full revenue and expense analysis will be completed following the 2015 fall season in preparation for next years’ budget.
Develop and implement the use of key measure reports for seasonal operations, memberships, programming and facility use.
o In progress- some are now being attached to this report for review.
Improve the customer experience at Orchard Valley Golf Course and Restaurant. o The Billy Casper Golf improvement plan has been updated and presented. o As a follow up to the July Board approval for the preparation of an enhancement plan-the
first advisory committee meeting (facilitated by Greg Martin) is being held on August 13th. The advisory committee is comprised of district and board representation as well as community members.
o The District has been working with Renny Jacobson with CF Turf to assist with monitoring and advising on course conditions.
o Social Media comments are being monitored and a number of sites have noted improved course conditions. Pace of play and visibility of course rangers continues to be the focus of any negative comments. The District has confirmed that rangers are being scheduled and BCG will continue to work with rangers to ensure that the golfer is aware of their presence.
o Comments regarding food and service at the restaurant are improving. There have been some recent incidents of restaurant staff’s inability to issue separate tickets. Due to a recent update with the restaurant software there has been a system issue that is complicating this task which the restaurant manager is working through.
Deliver “Frontline” GEM training. o The development of this program is in progress. We are in development of a training
and orientation program that will be customized for each frontline area beginning at the Vaughan Athletic Center.
Location updates:Vaughan Athletic Center
Month of July 2015:
Fitness Center Scans: 23,945 Participants in Grp Exercise Classes: 2,369
Visits in VAC Aquatic Park: 3,456
Personal Training Sessions: 299Café Sales: $6,364
8 birthday parties: 102 children
New Memberships Sold: 245 Tennis Daily Fees: 111 participants
Membership Scans in fieldhouse: 1,676 Children visiting childcare:
2,345
Eola Community Center
Month of July 2015: Eola Summer Camp Registrations:
Fitness Center Scans: 10,801 Preschool Summer Fun: 84 in 10 campsNew Memberships Sold: 101 Summer Blast: 469 in 5 weeks93 Rentals: 4,531 in attendance Computer Explorers: 23 in 3 camps
Early Childhood Camps: 43 in 5 campsSports Camps: 137 in 14 camps
Prisco Community Center
Month of July 2015:
Fitness Center Scans: 46523 Rentals: 1,680 in attendance
July 10 & 11 “The Adventures of Tom Sawyer” 93 in attendanceSummer Stage-“The Wiz” 1650 in attendance“Fancy Nancy: The Musical- 259 attendees
Blackberry Farm
Month of July 2015:
July Daily Attendance: 18,868 Special Theme Days:Season Passes YTD: 1,151 passes-2,515 members Civil War Days- Aug. 15 & 16Birthday Parties: 12; 246 attendees Family Fun Night - July 10th ( 95 attended) Rentals: 12; 983 in attendance Aug. 7- 223 attended
July Live and Uncorked- nearly 300 attendedField Trips: 55; 2,149 in attendance Live and Uncorked – Aug. 20th (next event)
Free Day Attendance: July 8-3,722; Aug. 5th
3,720
Red Oak
Month of July 2015:
Walk-in Attendance: 2,600School Field Trips: 400 at Red Oak130 summer camp participants182 volunteer hours
$32,700 in additional revenue from Groupon promotion$8,305 in additional revenue from punch pass promotion
August 2015 Marketing Report
Website Activity
Digital Footprint at-a-glance
67%80%
Mobile on the rise – Mobile traffic saw a 67% increase from 2014 and accounted for 61% of website visits vs. 47% last year.
foxvalleyparkdistrict.org
Splash Country saw a 80% increase in landing page visits
Thirty two e-blasts were sent to targeted audiences interested in various district events and programs.
A focus was placed on launching the 5-Punch Fast Pass at our Aquatic Parks, with 13,000 people receiving the promotional message. Nearly 2,500 opened the email and through early August, the Fast Pass was enjoying a 25% increase in sales over 2014.
Monthly visits up 26% vs. prior year
(85,226 v. 67,438)
Page views up 21% vs. prior year
(256,611 v. 211,828)
Phillips Park had an impressive 67% spike vs. prior year.
l d
26%
21%
Targeted Emails
32A f l d l hi thtthh 5 P5 PPP h5 P
25% increase
35,000A reminder for Fall program registration went to 35,000
recipients. More than 300 clicked on a link to preview the Fall
program guide.
Social Spotlight#Groupon
Given the slow start to the aquatic season, we decided to implement a Groupon offer in mid-July. The campaign has been successful in
driving daily attendance to both parks. To date, more than 2,800 Groupon offers have been sold resulting in $32,869 of cash-in-hand revenue.
The offer had residual marketing benefits on the social side, with both parks adding considerably to their Facebook fan base. Splash Country picked up 300+ additional followers (11% boost) and Phillips Park added 200 new fans (20% boost).
This is an often-overlooked added value that Groupon deals can deliver.
Easy to see numbers, top trends and user actions across Fox Valley digital platforms.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Mark Johnson, Chief of Park Police and Public Safety
RE: Monthly Report
Strategic Plan Objectives:
Evaluate need for expanded garage and storage space at the Park District Police and Public Safety facility and determine source of funding.Status: Meetings to assess needs are planned to begin by September.
Develop a recruitment plan to ensure that, due to attrition, open law enforcement positions are promptly filled. Status: On hold.
Prepare for CALEA reaccreditation.Status: Ongoing, the onsite evaluation is scheduled December 4th.
Evaluate squad car video software and implement technology that downloads images efficiently. Status: The first phase of equipment enhancement has been installed and we are completing testing.
Provide training for the enhanced law enforcement records management system.Status: Completed.
Provide NIMIS 200 training for all emergency responders.Status: In process to be completed September 1st.
Develop an intergovernmental emergency response plan for Stuart Sports Complex.Status: 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.
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.
Update the Park Police website page quarterly. Status: First update will be posted by September 1.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Jeff Palmquist, Director of Planning, Development and Grants
RE: Monthly Report
STRATEGIC PLAN OBJECTIVES:
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 in-progress.On-hold – Copley 1 renovation construction. Construction to begin when the suspension of OSLAD grant funded projects is lifted by IDNR. Completed (with exception of shelter installation) – Birmingham Park renovation construction (shelter scheduled for delivery on August 19).Completed – Austin Park renovation construction.Completed – Lincoln Park playground replacement construction.Completed – Palmer Park concept plan. Shelter demolition completed. Improvements to commence pending Board of Trustee approval of low bid at August 17 meeting.Completed – Eola Community Center parking lot improvements.
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.
4. Coordinate with the City of Aurora on the use and management of river shoreline property.
In progress – coordination with the City of Aurora Animal Control facility on the use of a small portion of adjacent FVPD property for parking lot expansion.
In progress – coordination with the City of Aurora regarding geo-technical work at North River Street Park and the Fox River Trail East.
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 plan.
7. Develop a plan for the renovation of Stuart Sports Complex north. 2015-17.In progress – base mapping and site inventory work proceeding.
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.
TOTAL 1 58597:53 2 289070:51 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; Employee injured knee when tripped entering facility Employee fainted in heat, no medical Employee stung by bee, no medical Employee injured leg using hedge trimmer, medical Employee strained back working on trail, no medical
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Jeff Palmquist, Director of Planning, Development and Grants
RE: Capital Projects Permitting Fees and Charges, Capital Projects Cost Summaries and Project Bid Schedule Report
BACKGROUND: The August, 2015 Capital Projects Permitting Fees and Charges Summaryreports 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.
Primarily 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. As these tables reflect, non-grant related park construction activities are winding down for the season. The construction activities led by the Planning Department that remain include the Copley 2 Park/Boxing Club site restoration and parking improvements and the Palmer Park restoration.
REVIEW BY OTHERS: Executive Director, 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.
Pending Significant Capital Projects Permitting Fees and Charges Summary-August , 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
August 17, 2015
UPCOMING PROJECT BID OR REQUEST FOR PROPOSAL (RFP) SCHEDULE
Project Anticipated Bid/RFP Release Date
Anticipated Bid/Project Award Date
Copley 1 Park renovation
Pending IDNR notice to proceed
TBD
Prisco Community Centerfitness center expansion and
building improvements
Pending IDNR notice to proceed
TBD
August 17, 2015
PENDING AND COMPLETED SIGNIFICANT CAPITAL PROJECTSCOST SUMMARY
ProjectApproved
Project Budget
Construction Bid Awards
Changes to Construction
ContractsFees & Permit
CostsOther Costs
Total Final Project
Cost
Jericho Lake Park
$1,250,000construction budget.
$1,146,797(Wilkinson)
$20,000 VOM engineering review and inspection feedeposit.
$1,000 IDNRFloodway Constructionpermit fee.
$1,998 Kane-DuPage Soil & Water Conservation District permit fee
Copley 1 Park $945,000construction budget
$159,802(Barton Electric ball field lightingcontract)
*For repair of concrete walk by restrooms per Parks Department request- outside original scope of work.
** Plans and specifications called for re-use of existing wood fiber safety surface to save money. Upon excavation, less existing fiber determined usable than specified. Change order necessary for additional new wood fiber.
***To extend contractor watering of sod for additional two weeks beyond required 30 day obligation as specified.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Jeff Palmquist, Director of Planning, Development and Grants
RE: “Coach” Wilbert Walters Park Splash Pad Construction Bids
RECOMMENDATION: Reject the bids for the construction of the splash pad at the “Coach” Wilbert Walters Park.
BACKGROUND: One of the capital projects identified in the District’s 2015-16 Annual Budget is the construction of the splash pad at “Coach” Wilbert Walters Park. The majority of this project is to be funded through a $50,000 Illinois Department of Commerce and Economic Opportunity (DCEO) grant.
Following Board of Trustee review of the splash pad concept at a recent Committee of the Whole meeting (see attached plan), Planning Department staff prepared the bid documents and bid the project. Although the DCEO grant had been suspended since March, staff bid the project in order to complete the project this season should the grant be re-instated. The results of the bid opening, conducted on May 29, are also attached.
With the bid specs stating that the bids are good for ninety days, the Board must take action at the August 17 meeting. Staff had held off on any bid recommendation as long as possible while hoping to receive some notification from the State regarding the DCEO grant status. However, the District has received no indication from the State that the grant will be re-instated soon. With staff assessment that this project would not have been identified without the introduction of DCEO funding, staff recommends the rejection of the bids. Should the District later learn that the grant is to be re-instated, we would re-bid the project.
REASON FOR BOARD REQUIRED ACTION: The Fox Valley Park District’s purchasing policy requires Board of Trustees action on bids of $20,000 or more.
REVIEW BY OTHERS: Executive Director, Director of Recreation and Communications, Senior Park Planner and Attorney Hodge.
FINANCIAL IMPACT: The District’s budget allocates $85,000 for the “Coach” Wilbert Walters Park splash pad. $50,000 of this is to come through the DCEO grant. Should the decision of the District be to proceed with the project at this time, the cost would be the low bid
of $76,556.15 plus $5,221 (survey, geo-tech reporting and plumbing) for a total of $81,777.15. In order to proceed with the splash pad construction without the grant, the District would need to allocate an additional unfunded $46,777.15 toward the project. Alternatively, the $35,000 of budgeted funding can be redirected to other potential park development within the underserved near west side.
PRESENTER: Jeff Palmquist, Director of Planning, Development and Grants.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Jeff Palmquist, Director of Planning, Development and Grants
RE: Palmer Park improvements bids
RECOMMENDATION: Award the base bid in the amount of $45,497.60 from Fuerte Systems Landscaping, Inc., Plainfield, Illinois, for the construction of Palmer Park improvements.
BACKGROUND: At the April 15, 2015 meeting of the Fox Valley Park District Board of Trustees, the Board approved the Palmer Park improvement plan (see attached illustrative plan). The focus of this project is the demolition of the obsolete large masonry shelter and restroom structure and the old, small playground and basketball half-court, and the restoration of the siteas a trail head and seating plaza, with related landscaping improvements
The bid opening for the construction of these park improvements was conducted on July 28. The results of the bid opening are presented on the accompanying bid tabulation. The low bid was submitted by Fuerte Systems Landscaping, Inc. Fuerte has constructed a number of park projects for the District, including the Station Boulevard Park development, Balmorea Park development, Indian Creek Park improvement project, and Church Road Park improvements. On these projects, Fuerte Systems Landscaping performed the work capably, on-schedule, on-budget and with few change orders. Additionally, planning staff thoroughly reviewed Fuerte’s bid submittal and proposed line item bid pricing and determined that their low bid is responsive and responsible.
REASON FOR BOARD REQUIRED ACTION: Fox Valley Park District’s purchasing policy requires Board of Trustees’ approval of contracts of $20,000 or more.
REVIEW BY OTHERS: Executive Director, Director of Parks and Facility Maintenance, Senior Park Planner and Attorney Hodge.
FINANCIAL IMPACT: The 2015-16 budget allocation for the improvement of Palmer Park is $80,000. This includes the demolition of the shelter (under separate contract for $11,500)
PRESENTER: Jeff Palmquist, Director of Planning, Development and Grants.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Jeff Palmquist, Director of Planning, Development and Grants
RE: License Agreement between the Fox Valley Park District and Aurora Memory Care for a sidewalk access connection to the Fox River Trail.
RECOMMENDATION: Approve the License Agreement between the Fox Valley Park District and Aurora Memory Care for a sidewalk access connection to the Fox River Trail.
BACKGROUND: In June, the developer of the Aurora Memory Care project, located at the southeast corner of Lake Street and Sullivan Road in Aurora, contacted District staff regarding an access connection to the Fox River Trail. Aurora Memory Care (AMC), currently under construction, will offer a range of assisted living options and levels of care. As illustrated on the attached Exhibit A, the District’s Fox River Trail west is located east of AMC, separated by River Road. The site plan for AMC includes a sidewalk leading down to River Road. The developer would also like to add a crosswalk across River Road and offer an accessible sidewalk trail connection to the Fox River Trail. An existing concrete sidewalk is in place, leading from Sullivan Road to the Fox River Trail, but its slope is too steep to comply with ADA requirements. The area required for AMC to construct a 5 foot wide ADA compliant sidewalk connection between the easterly paved edge of River Road and the Fox River Trail (and grade and restore the disturbed area) is approximately 20 feet by 30 feet.
Staff has conferred with Attorney Hodge to determine that the most appropriate mechanism forgranting formal District permission for the placement and maintenance of the AMC sidewalk connection is a license agreement. In 2010, the District and Eden Supportive Living entered into a similar agreement to allow Eden to construct a sidewalk connection to the trail. The draft license agreement between AMD and the Fox Valley Park District is attached for review. The term of the agreement is 5 years, with automatic 5 year renewal periods unless notice by either party is given.
REASON FOR BOARD REQUIRED ACTION: The Fox Valley Park District ordinance regarding Licenses and Easements for Public Services requires license agreements to be approved by the Board of Trustees.
REVIEW BY OTHERS: Executive Director, Attorney Hodge, and Director of Parks and Facility Maintenance.
FINANCIAL IMPACT: There is no direct financial impact to the District resulting from approval of the license agreement.
PRESENTER: Jeff Palmquist, Director of Planning, Development and Grants.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT made and entered into this _____ day of
_________________, 2015, by and between the FOX VALLEY PARK DISTRICT, Illinois, an
Illinois park district of the counties of Kane, DuPage, Will and Kendall, State of Illinois,
(“District”), and AURORA MEMORY CARE (“AMC”).
WITNESSETH
WHEREAS, District represents and warrants that it owns all rights, title and interest to
certain land commonly known as the Fox River Trail West, in the City of Aurora, Illinois 60506
(parcel identification number 15-22-178-011) and identified in Exhibit A attached hereto; and
WHEREAS, AMC desires to use a portion of the Fox River Trail West area depicted on
Exhibit A (hereinafter referred to as “the Property”) for access to the asphalt Fox River Trail
within the Property through the construction and maintenance of a five-foot wide concrete
sidewalk that shall extend between the paved easterly edge of River Road and the paved Fox
River Trail; and
WHEREAS, District desires to grant to AMC a non-exclusive license enabling AMC to
utilize the District Property for Fox River Trail access purposes.
NOW, THEREFORE, for and in consideration of the mutual covenants and obligations
contained herein, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereby agree as follows:
1. The District hereby grants to AMC a non-exclusive license to use the Property for
the installation of a concrete sidewalk subject to the additional terms and conditions herein set
forth.
2. The sidewalk shall be constructed as depicted on the City of Aurora approved
engineering plan attached herein as Exhibit B, provided further that such installation shall not
damage the Property or obstruct the use of the Fox River Trail by the general public.
Construction of the sidewalk shall include the restoration of areas that are disturbed by the
installation, which restoration shall consist of the placement of 6 inches of topsoil, fine grading
and seeding with turf grass.
3. The location of the sidewalk shall be restricted to being within the Property
boundaries as depicted on Exhibit “A”. The width of the area of the Property required by AMC
and made subject to this License Agreement shall be restricted to the actual width of the
sidewalk, together with any additional area necessary for related excavation, grading and
restoration, but not exceeding a dimension of 20 feet (measured east to west) and 30 feet
(measured north to south along the Fox River Trail) for a total of 600 square feet maximum.
4. AMC shall maintain the sidewalk in a safe, clean condition at all times and in
compliance with any City of Aurora ordinance requirements and AMC shall indemnify and hold
the District harmless with respect to the use of the sidewalk by its residents and the public.
5. Use of the Property shall be available to the general public at all times without
charge.
6. This agreement shall be for an initial term of five years, ending on December 31,
2020, subject to further renewal as provided herein.
7. This agreement shall automatically renew successively for an additional period of
five (5) years at the expiration of each preceding term, unless notice is provided of its intent not
to renew the term hereof by either party hereto on or before December 31 of the year of
termination (for these purposes notice shall be given on or before December 31, 2020 for a
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termination to be effective as of December 31, 2020). In the event of a default by AMC, the
District shall have the right to terminate this agreement immediately at its sole discretion.
8. This License shall not be alienable or assignable.
9. AMC covenants and agrees that it will not permit or suffer any lien to be put upon
or arise or accrue against said Property in favor of any person or persons, individual or corporate,
furnishing either any labor or material in any work herein proposed, and AMC further covenants
and agrees to hold the District and said Property free from any and all liens or rights or claims of
liens which may or might arise or accrue under or be based upon any mechanic’s lien law, so
called, of the State of Illinois, now in force or hereafter to be enacted. All contracts and
agreements that may be made by AMC relating to any work herein proposed, shall expressly
state that the interest of the District in and to said Property shall be wholly free from and not
subject to any lien or claim of any contractor, subcontractor, mechanic, material man or laborer,
whether based upon any law or regulation of the State of Illinois, or any other authority, now in
force or hereafter to be enacted, and AMC also hereby covenants and agrees that it will not enter
into any contract for such work which shall not in express terms contain the aforesaid provision.
As the District is not granted any construction rights relative to the District’s Property, it will
indemnify and hold AMC harmless from and against any mechanic’s lien or other similar lien
right arising or attaching to the Property which results from the actions of the District or any of
its employees, contractors or agents with respect thereto.
10. Any notice hereunder shall be in writing and shall be delivered by personal
service or by United States certified or registered mail, with postage prepaid, addressed to:
Licensor: Fox Valley Park DistrictAttn: Nancy McCaul, Executive Director
101 West Illinois AvenueAurora, Illinois 60506
Licensor: Aurora Memory Care1 Tower LaneSuite 2200Oakbrook Terrace, IL 60181
Either party, by a similar written notice, may change the address to which notices shall be sent.
12. This Agreement shall not be construed so as to create a joint venture, partnership,
employment, or other agency relationship between the parties hereto.
13. Notwithstanding anything to the contrary in this Agreement, it is agreed and
understood that the terms of this License Agreement shall only apply to the District Property and
shall not apply in any respect to the adjacent property owned by the Licensee.
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized representative as of the day and year first above written.
LICENSOR: LICENSEE:
FOX VALLEY PARK DISTRICT AURORA MEMORY CARE
By:_______________________________ By:_______________________________Its President Its Authorized Agent
Attest:
__________________________________Its Secretary
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DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Mark Johnson, Chief of Park Police and Public Safety
RE: Kane County Emergency Communications
RECOMMENDATION: Approve payment of the 2015-2016 invoice for dispatch services in the amount of $40,942.35 to Kane County Emergency Communications.
BACKGROUND: Kane County Emergency Communications provides radio dispatch services to our police department as well as a number of other police and fire agencies.
The 2015-2016 invoice for this service is $40,942.35.
It is a budgeted expense and was included in the Board approved 2015-2016 Park District budget.
REASON FOR BOARD REQUIRED ACTION: Board approval is required for payments over $20,000.
REVIEW BY OTHERS: Executive Director
FINANCIAL IMPACT: The expense was budgeted for in the 2015-2016 police fund.
PRESENTER: Mark Johnson, Chief of Park Police and Public Safety
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Michael Erickson, Director of Parks and Facility Maintenance
RE: Lastec Model 80 Mower Purchase
RECOMMENDATION: Authorize the purchase of a 1 – Lastec Model 80 mower in the amount of $35,112 and declare mower #122 surplus.
BACKGROUND: In June, staff put out to bid various pieces of equipment which were designated to be replaced according to our yearly equipment replacement plan. One piece of equipment, the Lastec Model 80 mower did not receive any bids. For this reason, staff rebid the mower in July with bids being opened on August 4, 2015. Two bids were received with the lowest bid being placed by JW Turf.
This mower is an articulating off-set mower which will be used to mow along trails and open areas adjacent to trails. This is a specialty piece of equipment that allows staff to keep all wheels of the mower on the pavement while still being able to cut the turf shoulder along the trail. We currently own one of these mowers which was supplied by JW Turf last year and are happy with its performance.
REASON FOR RECOMMENDATION: Board action is required on all purchases over $20,000.
REVIEWED BY OTHERS: Executive Director and the Fleet Supervisor.
FINANCIAL IMPACT: $36,000 was budgeted for this piece of equipment in the 2015/2016 budget.
PRESENTER: Michael Erickson, Director of Parks and Facility Maintenance.
BID TABULATION FORMPROJECT: Lastec Series 80 MowerDATE: August 4, 2015
FROM: Diana Erickson, Director of Finance & Administration
RE: Vermont Systems, Inc. Software and Maintenance Agreements
RECOMMENDATION: Request Board acceptance of the Vermont Systems, Inc. software and maintenance agreements.
BACKGROUND: The Fox Valley Park District’s current registration system is decommissioning in 2016. Through request for proposals and arduous review of each system, we feel that the best selection for the District is the Vermont software solution. The Vermont hosted system has additional functionality and has an overall lower price than the other bidder, Active Network. With the selection of the Vermont System the District is also able to use most of the existing hardware and we are getting requests for quotations on our credit card services to realize additional savings.
There is an implementation team selected and a schedule which includes “going live” May 2016. We have retained a consultant to help us through this aggressive schedule.
REASON FOR BOARD REQUIRED ACTION: Board acceptance is required for contractual agreements.
REVIEW BY OTHERS: Executive Director and Gerald Hodge.
FINANCIAL IMPACT: The application software price is $90,596.
PRESENTER: Diana Erickson, Director of Finance & Administration
AGREEMENT BETWEEN THE FOX VALLEY PARK DISTRICT AND VERMONT SYSTEMS, INC.
This instrument, made this ____ day of August, 2015, presents the terms and conditions of the Software License and Services Agreement ("Agreement") by and between the Fox Valley Park District, 101 W. Illinois Avenue, Aurora, Illinois 60506,(herein called "Park District"), and Vermont Systems, Inc., a Vermont corporation, 12 Market Place, Essex Junction, Vermont 05452, (herein called "VSI").
By this Agreement, VSI has agreed to provide to Park District the application software licenses, equipment, and services set forth in this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, it is agreed as follows:
1.0 Definitions.
1.1 Application Software. "Application Software" is defined as the computer readable instructions for the VSI licensed programs listed in Schedule A, Application Software.
1.2 VSI Hosting System. VSI owns and manages hosting systems that are installed at its Eastern and Western data centers. VSI shall assist the Park District with identifying which hosting system provides the best system performance for the Park District. The hosting system that provides the best performance shall be the “VSI Hosting System” and the other hosting system shall be the “Backup VSI Hosting System.” The VSI Hosting System shall consist of the equipment, software, communications, data center facility and attributes, and security provided by VSI on which the Park District’s licensed version of the Application Software is installed andoperated. The VSI Hosting System shall include, but not be limited to, the capabilities and features defined in Schedule B, Vermont Systems Cloud Computing Services.
1.3 VSI Hosting Services. “VSI Hosting Services” are defined as the services provided by VSI to install and operate the Application Software on the VSI Hosting System. The VSI Hosting Services include, but are not limited to, the services and features defined in Schedule C, VSI Hosting Services. VSI Hosting Services shall include full data replication of the Park District’s licensed Application Software and data to the Backup VSI Hosting System and emergency cut-over to live processing at the Backup VSI Hosting System in the event of a failure in the VSI Hosting System that operates the Park District’s licensed Application Software and data. Such emergency cut-over shall be performed within the timeframes defined in item 21 of Schedule C.
1.4 VSI Hosting Solution. “VSI Hosting Solution” is defined as the VSI Hosting System and the VSI Hosting Services.
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1.5 POS and Membership Equipment. “POS and Membership Equipment” is defined as the Existing POS and Membership Equipment, and the POS and Membership Equipment to be Provided by VSI listed on Schedule D.
2.0 Hosting, Software and Equipment Price. The Park District will pay to VSI:- The Application Software Price as set forth in Schedule E for the right
to use the Application Software as described herein.- The VSI Hosting Solution Monthly Fee as set forth in Schedule E for
the use of the VSI Hosting Solution.- The Total Equipment Price as set forth in Schedule D for the purchase
and installation of the POS and Membership Equipment provided by VSI as described herein, provided the Park District elects to have VSI provide the POS and Membership Equipment. The Park District may increase or decrease the quantity of each component of the POS and Membership Equipment prior to shipment of the equipment.
3.0 Project Schedule. The “Project” shall include the Installation, Training and Acceptance Testing described in this Agreement. The installation and implementation of the Application Software shall be performed within the timeframes defined in the project schedule set forth in Schedule F, Project Schedule. In addition, the completion and delivery of any portions of the Project shall be made in accordance with the Project Schedule. Both parties may, if mutually agreed upon in writing, accelerate or delay the Project Schedule. VSI shall make the required VSI personnel resources available to enable the Park District to be operating live on the Application Software for the 2016 summer season. All live summer 2016 programs must be entered into the VSI system by February 10, 2016 and the system must be ready for live resident registrations on May 9, 2016.
The Park District may, at its sole option and after the completion of Training on the RecTrac and WebTrac systems, delay the Project Schedule so the implementation of the system occurs in either the fall 2016 season or the winter 2016 season. If the Park District delays the Project Schedule, VSI shall make the required VSI personnel resources available to enable the Park District to be operating live on the Application Software for the season chosen by the Park District.
4.0 Payment. Payment for the Application Software will be made according tothe schedule set forth in Schedule G, Payment Schedule. For each payment outlined in Schedule G, VSI shall submit an invoice to the Park District's project manager. All invoices shall be processed in compliance with the Local Government Prompt Payment Act.
The Park District shall be charged for all training services as those services are provided to the Park District. At the beginning of each month VSI shall provide the Park District with an invoice for the training services that were performed in the previous month. The cost of the training services shall not exceed the VSI Services amount listed on Schedule E without the Park District’s prior written approval. The Park District
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shall not be required to use and pay for all of the training services defined on Schedule E. The Park District shall not be required to pay for any unused training services.
Payment for the VSI Hosting Solution will be made as set forth in Schedule G,Payment Schedule.
5.0 POS and Membership Equipment Shipment. Shipment of the POS and Membership Equipment to the Park District's site shall be made by VSI in an acceptable mode of transportation to provide utmost protection of the equipment. The POS and Membership Equipment shall be shipped for inside delivery and delivered to the location specified by the Park District. Park District, at its sole option, may request multiple, partial shipments of the POS and Membership Equipment. VSI will not ship any of the POS and Membership Equipment without prior authorization by the Park District.
6.0 Title. VSI represents and warrants to the Park District that, upon the Park District's payment in full of all monies due under this Agreement for the POS and Membership Equipment; (i) the Park District shall receive good title to the equipment free and clear of all claims, liens, encumbrances, and all other defects of title; and (ii) VSI shall defend and indemnify the Park District, at VSI's expense, from and against any action or claim brought against the Park District by any third party based on the third party's claim of any ownership interest in the equipment.
7.0 Documentation. The Application Software documentation (referred to as "Documentation") shall include, but not be limited to, the following components: Software Installation and Configuration Instructions, Installation Planning Guide, RecTrac and WebTrac User Reference Manuals, RecTrac and WebTrac Reports Manuals, Demonstration Practice Tutorials, RecTrac and WebTrac Demonstration Practice Databases, and the table/file layouts and relationships for all tables/files used by the Application Software. In the event that the Park District is required to convert the data from the Application Software to another application software system, needs to integrate data from the Application Software with another software product, requires custom reports to be created, or obtains the right to use the Source Code as defined below in section 15.0, the Park District shall have the right to provide a third party firm with any data and the table/file layouts and relationships that the third party firm needs, provided that the third party firm executes an agreement prohibiting it from disclosing, distributing or using the techniques contained in the table/file layouts and relationships to, or for any party other than the Park District or for a commercial purpose other than providing software or services to the Park District. Park District personnel shall have the right to use the table/file layouts and relationships for internal Park District use.
8.0 System Specifications. The VSI Response to the Fox Valley Park District RFP (“RFP Response”), herein incorporated by reference, read together with the Documentation shall become the system specification ("System Specification") and will constitute the functional specifications for the Application Software. If a conflict exists between the RFP Response and the Documentation, the RFP Response shall control.
9.0 Application Software Installation. Thirty (30) days prior to the first scheduled training session, VSI shall install the Application Software on the VSI Hosting System
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and provide the necessary VSI Hosting Services to make the Application Software operational (“Installation”). VSI shall provide, at no additional charge to the Park District, unlimited telephone support to assist Park District or Park District's agent with completing any installation tasks that must be performed by the Park District. The Installation of the Application Software will make the Application Software ready for the Park District's intended use. Installation shall include, but shall not be limited to, the following: (i) the verification by the Park District, of the Application Software's successful Installation through the execution of a demonstration routine designed by VSI and performed by Park District personnel, certified in writing by Park District or Park District's agent of the successful execution of the demonstration routine; (ii) the generation of all master tables/files, initialized, and able to accept the Park District's data; (iii) the establishment of all default values required by programs; (iv) installation of the programs or commands necessary to enable all of the Park District's workstations to access and operate the Application Software; (v) the creation of menu(s) and/or icons on each of the Park District's workstations to give personnel with valid log-on security access to programs; (vi) installation of the programs or commands necessary to enable any printed output from the Application Software to print on any Network printer that has been defined in a network printer selection menu; (vii) assist Park District personnel with installing, implementing, and testing the POS and Membership Equipment, the Vermont Integrated Client software, and all other required software, on Park District workstations to enable POS and membership peripheral equipment to operate with the Application Software; (viii) installation of the equipment and software to enable the Application Software to interface with the credit card processing system that is integrated with the Application Software to allow credit card transactions to be automatically processed by the Application Software; (ix) delivery of all Documentation; (x) installation and configuration of the Internet Registration system, WebTrac, to allow the WebTrac to process customer registrations; (xi) development and installation of the interface to enable program data from the Application Software to be integrated with a desktop publishing application to assist with the brochure creation process; (xii) development and installation of the interface to enable the accounting transactions generated in the Application Software to be exported out of the Application Software and imported into the General Ledger application of the Park District’s MUNIS accounting system, as defined in the Park District’s RFP document; (xiii) development and installation of the interface to enable the refund transactions processed in the Application Software to be exported out of the Application Software and imported into the Accounts Payable application of the Park District’s MUNIS accounting system, as defined in the Park District’s RFP document; (xiii) install two (2) separate test systems and databases allowing Park District users to independently test the Application Software; (xiv) assist with uninstalling the test systems and databases after Application Software testing is completed (as requested by the Park District).
The Installation shall include a separate database for the Park District’s system. The Park District shall not share a database with other VSI clients.
10.0 Training. VSI will provide training to train as many personnel as Park District deems necessary in the complete and proper use and operation of the Application Software ("Training"). VSI will provide Park District with forty (40) days of training at the cost as defined in Schedule G plus estimated travel expenses as defined
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in Section 16.0. Training will be conducted at Park District's offices in Aurora, Illinois and will consist of sessions between a VSI instructor and such of its personnel as Park District designates.
Any Training requested by Park District in addition to the forty (40) days of training will be provided by VSI at the base rate of seven hundred fifty dollars ($750.00) per eight hour day of training for two years from the execution of this Agreement. After two years from the execution of this Agreement, VSI will provide Training at the lower of the following rates:
(a) the then prevailing rate generally charged to other customers of VSIor
(b) a three percent (3%) increase per year to the base rate in effect for the Park District during the previous year.
11.0 Application Software Acceptance Testing.
11.1 Acceptance Testing. Upon completion of the Installation and Training (the “Install/Training Completion Date”), Park District will test the Application Software on the VSI Hosting Solution to determine whether the Application Software, used in conjunction with the VSI Hosting Solution, operates in accordance with the Acceptance Tests set forth in Section 11.2 below ("Acceptance Testing"). All such Acceptance Testing will be conducted by Park District personnel at the Park District's site and completed in accordance with the Project Schedule as shown in Schedule F ofthis Agreement.
11.2 Acceptance Tests. The following testing criteria will be used by the Park District in testing the Application Software ("Acceptance Tests"):
a) The Application Software meets the specifications and functions set forth in the System Specification;
b) The Application Software, operating on the VSI Hosting Solution, is capable of running a variety of data on a repetitive basis without failure;
c) All Application Software is able to operate on any Park District input device and all input devices are able to simultaneously run the Application Software. In addition thereto, up to sixty eight (68) input devices on thePark District’s system are able to simultaneously run the Application Software;
d) The POS and Membership Equipment operate properly with the Application Software;
e) Credit card transactions are able to be processed by the Application Software;
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f) All Documentation has been delivered and accurately reflects the operation of the Application Software;
g) Transactions are able to be processed using the WebTrac system.
h) General ledger account transactions and refund transactions are able to be exported out of the Application Software in the format required by the Park District’s accounting system.
i) Two separate test systems and databases have been installed.
The determination of the satisfaction of the test criteria during the Acceptance Tests shall be solely at the discretion of the Park District.
11.3 Review and Correction. Park District will either (i) notify VSI in writing that the Application Software meets the Acceptance Tests and is accepted by Park District, (referred to as "Application Software Acceptance"); or (ii) notify VSI in writing that the Application Software fails to meet the Acceptance Tests. If Park District fails to notify VSI that the Application Software fails to meet the Acceptance Tests within forty five (45) days after the Install/Training Completion Date, the Application Software will be deemed accepted.
If Park District notifies VSI that the Application Software does not meet any or all of the Acceptance Tests, Park District will set forth a list of the errors or omissions which have caused the Application Software not to meet the Acceptance Tests. After notification of a failure of the Application Software to meet the Acceptance Tests, VSI shall have ten (10) business days from the date that VSI receives the list of errors and omissions to modify or improve the Application Software to meet the Acceptance Tests. The modified Application Software will then be retested in the same manner as described above in Section 11.2 and Section 11.3. The Park District shall have a duty to provide an Application Software Acceptance for any of the Acceptance Tests which are satisfactorily performed along with any notices that other Acceptance Tests failed.
12.0 Data Conversion.
12.1 Household and Membership Data Conversion. VSI shall convert the following data from the Park District’s current recreation system to the VSI system:
- Household data (family members)- Active memberships
VSI shall provide the Park District with a list of required and non-required data fields for the data conversion. The Park District will be responsible for providing VSI with the data to be converted in csv format.
VSI shall assist Park District personnel with defining any required data element translation tables to ensure that the current recreation data is accurately converted to the VSI system. VSI will use the translation tables as needed to convert the data to the VSI system.
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VSI shall perform a minimum of three (3) data conversion iterations, at least two (2) test conversions and one (1) live conversion.
12.2 Scheduled Monthly Payment Conversion. The Park District may elect to have VSI convert the Park District’s schedules of monthly payments and the associated credit card information for each customer on a scheduled payment plan. If the Park District elects to have the scheduled monthly payment data converted:
(a) The Park District shall pay to VSI the amount of twenty thousand dollars ($20,000.00), payment for the conversion shall be due when the final, live conversion of the data has been performed and verified by the Park District.
(b) The Park District must provide VSI with the following data, in csv format, for each customer monthly payment schedule to be converted:
i. Pass code ii. Bill dates (list of dates or range and interval) iii. Bill statuses (billed or unbilled)iv. Full credit card number (not a token) v. Expiration date vi. CVV vii. Name viii. Billing address information (optional) ix. Pass number
(c) VSI shall perform a minimum of three (3) data conversion iterations, at least two (2) test conversions and one (1) live conversion.
13.0 Application Software Warranties.
13.1 Warranty of Operation. VSI warrants that the Application Software used in conjunction with the VSI Hosting Solution shall operate in accordance with the System Specifications ("Warranty of Operation"). Any errors or non-conformances to the System Specification shall be corrected by VSI at no charge to Park District.
VSI shall provide Park District with unlimited Application Software support at no charge to Park District until ninety (90) days after the Park District begins processing live transactions using the Application Software or August 9, 2016 whichever occurs first, after which time support will be provided to the Park District under the terms of a maintenance agreement with VSI.
13.2 Patent and Copyright Indemnification. VSI covenants and represents that the Application Software and all related materials supplied to Park District hereunder do not infringe or otherwise constitute wrongful use of any copyright, patent, registered industrial design, trade mark, trade secret or any other right of any third party. VSI shall indemnify, defend and hold harmless Park District in the manner described in Section 22.0 from any suit or proceeding brought against Park District by reason of any such infringement or any wrongful use. VSI shall in no event consent to any injunction, accounting or other equitable remedy which results in any expense to the Park District or its inability to operate the Application Software in accordance with the System
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Specifications without the Park District's prior consent, such consent not to be unreasonably withheld.
If use of the Application Software by the Park District is enjoined by any such action, VSI shall, at its sole cost and expense and with the agreement of the party pursuing such action either:
(a) obtain the right for the Park District to continue using the ApplicationSoftware;
or (b) replace or modify the Application Software in question so that there is no
longer any infringement, provided that the Application Software in question functions and performs in substantial compliance with the System Specifications, as determined in the Park District’s reasonable discretion,and provided further that any and all training, hardware and other costs occasioned by such replacements or modifications are borne by VSI.
The obligations under this paragraph shall survive termination of the within license or this Agreement.
13.3 Warranty of Compatibility with POS and Membership Equipment.VSI understands that Park District intends to use the Application Software in conjunction with the POS and Membership Equipment defined herein; accordingly, VSI represents and warrants that the initial installation of the Application Software shall be fully compatible with the POS and Membership Equipment. VSI shall use its best efforts to assist the Park District with resolving any compatibility issues between the POS and Membership Equipment and future versions or releases of the Application Software.
13.4 Pre-programmed Termination Warranty. VSI represents and warrants that the Application Software and any future version, release or update to the Application Software (or any portion thereof) does not contain any timer, clock, counter or other limiting design or routine which causes such Application Software or data (or any portion thereof) to become erased, inoperable or otherwise incapable of being used in the full manner for which it is designed and licensed pursuant to this Agreement after being used or copied a certain number of times, or after the lapse of a certain period of time, or after the occurrence or lapse of any similar triggering factor or event.
If there is a timer, clock, counter or other limiting design or routine in the Application Software or any future version, release or upgrade to the Application Software (or any portion thereof), as defined in this section, VSI shall immediately remove said timer, clock, counter or other limiting design or routine from the Application Software (or any portion thereof) and immediately correct, at no cost to Park District, any data or any software that was affected by said timer, clock, counter or other limiting design or routine.
13.5 PCI Compliance Warranty. VSI warrants that the VSI Hosting Solution and the Application Software and all future updates, revisions, releases, and new versions of the Application Software shall be fully compliant with all Payment Card
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Industry (PCI) required processing and standards. VSI shall provide the Park District with the required certifications, reports, and test results that verify the PCI compliance of the VSI Hosting Solution and the Application Software. If at any time during the term of this Agreement the VSI Hosting Solution or the Application Software is not in compliance with the PCI required processing and standards, VSI shall immediately correct such non-compliance at no additional charge to the Park District.
13.6 ADA Compliance. VSI warrants that the Application Software and all future updates, revisions, releases, and new versions of the Application Software shall be in full compliance with all ADA guidelines and requirements, including section 508 standards. If, at any time during the term of this Agreement, VSI is made aware that the Application Software does not conform to the then current ADA guidelines and requirements, VSI shall immediately correct such non-conformances at no additional charge to the Park District.
14.0 Termination of Agreement. Upon termination of the Agreement, for any reason except default by VSI, each party shall return to the other party all papers, materials and properties of the other party held for purposes of executing the Agreement. VSI may terminate this Agreement only if Park District is in default of the Agreement as defined in Section 20.0. Park District may terminate this Agreement at any time upon one month's prior written notice to VSI or as defined in Section 21.0. If Park District terminates this Agreement for any reason other than VSI's default of the Agreement, VSI may discontinue any license granted to Park District under this Agreement.
15.0 Source Code Escrow. The application source code (“Source Code”) for the Application Software, along with a list of licensed customers, is held in escrow by VSI's Escrow Agent, Kolvoord, Overton, & Wilson, Attorneys, at 6 Joshua Way, Suite B,Essex Junction, Vermont 05452. The Source Code held in escrow is updated after each software release. If VSI defaults in providing software maintenance support due to company failure, or bankruptcy, or discontinuance of said service by VSI, VSI will notify Park District and the Escrow Agent that VSI is in default. The Escrow Agent will then make the Source Code available to the Park District within thirty (30) days of written notice for Park District support use only.
16.0 Out-of-Pocket Expenses. The Park District is responsible for reimbursing VSI for all reasonable expenses actually incurred by VSI, such as travel, lodging, meals, and other expenses necessary to complete the training, as requested by the Park District. The training days will be devoted to the Park District and the Park District will be responsible for the expenses associated with those training days. VSI will attempt to coordinate any future training with other VSI customers in the Chicago area in order to reduce costs by sharing expenses among multiple VSI customers. The estimated travel expenses are $25,800.00 for the Application Software implementation which is based on six (6) on-site RecTrac training sessions of five (5) days each, one (1) on-site WebTrac training session of five (5) days, one (1) sixteen (16) hour remote WebTrac training session conducted via Webex, and one (1) on-site Access Control installation and training session of five (5) days. For each trip to Fox Valley to perform installation and training, VSI will charge the Park District for travel time at the rate of three hundred
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seventy five dollars ($375.00) per person per trip. Any travel expenses incurred by VSI in excess of the above stated amounts must be pre-approved by the Park District; otherwise the Park District will not be responsible for those excess expenses. At the request of the Park District, VSI shall provide the Park District with receipts for all expenses that are billed to the Park District.
17.0 Taxes. VSI and Park District acknowledge and agree that Park District is exempt from the imposition of any taxes arising from the transaction contemplated by this Agreement and Park District has presented VSI with evidence demonstrating such exemption. Park District shall not be responsible for any income taxes which accrue to VSI as a result of the income realized from the products or services sold or provided under this Agreement.
18.0 License. VSI hereby grants Park District a perpetual, nontransferable, non-exclusive licenses under the terms of this Agreement to use the Application Software. At the Park District’s sole option, all terms and conditions of this Agreement shall apply to any additional VSI software modules licensed by the Park District. Nothing herein shall be construed to terminate the Licenses herein granted in the event any contract for maintenance services between the parties expires or is otherwise terminated, or the VSI Hosting Services are terminated as defined below in section 19.2.
The license includes fifty two (52) concurrent full time user licenses of the Application Software and sixteen (16) concurrent part time user licenses of the Application Software. The sixteen (16) part time user licenses are available four (4) months per year. The Park District may purchase additional concurrent full time user licenses at the price of three hundred dollars ($300.00) per additional license, and additional part time user licenses at the price of thirty dollars ($30.00) per additional license. The price to increase the number of concurrent full time or part time user licenses shall remain at those prices for two years after the execution of this Agreement after which time the cost to increase the number of concurrent user licenses shall be the lower of the following:
(a) an annual percentage increase which shall not exceed the lowest annual percentage increase charged to any other VSI customer;
or
(b) an annual increase which shall not exceed three percent (3%) per year to the base rate of three hundred dollars ($300.00) per additional full timeconcurrent user and thirty dollars ($30.00) per additional part time concurrent user.
The license includes fifty (50) WebTrac Workgroup Agents. The Park District may purchase additional WebTrac Workgroup Agents at the cost of two hundred fifty dollars ($250.00) per five (5) additional Agents. The cost to increase the number of WebTrac Workgroup Agents shall remain at two hundred fifty dollars ($250.00) for five (5) additional Agents for two years after the execution of this Agreement after which time the cost to increase the number of Agents shall be the lower of the following:
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(a) an annual percentage increase which shall not exceed the annual percentage increase charged to any other VSI customer;
or(b) an annual increase which shall not exceed three percent (3%) per
year to the base rate of two hundred fifty dollars ($250.00) per five (5) additional Agents.
The Park District may elect to rent five (5) additional WebTrac agents at the rate of one hundred twenty five dollars ($125.00) per week.
19.0 VSI Hosting Solution
19.1 Month Fee. VSI shall provide Park District with the VSI Hosting Solution (Platinum level) at the monthly fee defined in Schedule E for three (3) years after the execution of this Agreement, after which time the VSI Hosting Solution monthly fee shall be the lower of the following:
(a) an annual percentage increase which shall not exceed the lowestannual percentage increase charged to any other VSI customer;
or(b) an annual increase which shall not exceed three percent (3%) per
year to the VSI Hosting Solution monthly fee charged to the Park District in the previous year.
19.2 Termination. Park District shall have the right to terminate use of the VSI Hosting Solution at its sole discretion and at any time with thirty (30) days advance written notice to VSI. Park District shall have the right to install and operate the Application Software on a Park District self-hosted system or on a third party hosted system. Upon receiving written notice of termination of the VSI Hosting Solution, VSI shall assist the Park District with implementing the Application Software in a new hosting environment. VSI’s assistance shall include, but not be limited to, the following: (i) providing the Park District with the Application Software and the Park District’s data on media that enables the Park District to install the Application Software and data on the new hosting environment; (ii) provide assistance to the Park District during the installation of the Application Software on the new hosting environment so the Application Software is able to be operated as designed; (iii) provide assistance to the Park District to ensure that the Application Software operates with the Park District’s POS and Membership Equipment; (iv) provide any other services to enable the Application Software to function as defined in the System Specifications.
VSI may charge the Park District for services to assist with implementing the Application Software on a new hosted environment. Prior to performing any work to assist with the implementation, VSI shall provide the Park District with a quote identifying the work tasks to be performed, the amount of time required to complete each work task, the cost of performing each work task, and the timeframe within which each work task will be completed. VSI shall use its then current published hourly rate when calculating the cost of the services.
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20.0 Default by Park District. The nonpayment or nonperformance of any obligation under this Agreement of Park District shall not be deemed a default unless Park District fails to cure the default within thirty (30) days after written notice to Park District of such nonpayment or nonperformance. If Park District fails to cure such default or, prior to complete payment under the terms of this Agreement, ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the Federal Bankruptcy Act, then VSI may discontinue any and all licenses for the Application Software or terminate this Agreement. Any nonpayment or nonperformance by the Park District which is the result of a dispute between the parties to this Agreement shall not be considered a default by the Park District.
21.0 Default by VSI. The nonperformance of any obligation of VSI shall not be deemed a default unless VSI fails to cure the default within thirty (30) days after written notice to VSI of such nonperformance; provided, however, VSI's time to cure a default under Sections 11.3, 13.4, 13.5, and 13.6 shall be the time set forth in that section and not thirty (30) days. If VSI fails to cure such default, ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of the rights of creditors, then Park District at its sole option may do any one or more of the following: (i) terminate this Agreement; (ii) suspend any payments due under the Agreement; (iii) pursue any remedy available to it at law or in equity in addition to any specific rights or remedies set forth in this Agreement; (iv) immediately obtain the Source Code from VSI's escrow agent, as defined in Section 15.0; (v) continue to use the Application Software, Source Code and Documentation for as long as Park District deems necessary for the sole purpose of operating Park District's business needs. Each of the aforesaid rights and remedies are cumulative and the Park District’s election of one shall not be deemed to be exclusive of the election of any other of the rights and remedies herein described.
22.0 Indemnification and Insurance. VSI agrees to protect, defend, indemnify and hold the Park District, its commissioners, officers, officials, agents, and employees, (hereafter "the Indemnified Parties"), free and harmless from and against any and all claims, damage to property, demands, injury or death, in consequence of granting the Agreement or arising out of or being in any way connected with VSI's performance or lack thereof under the Agreement except for matters shown by final judgment to have been solely caused by or attributable to the gross negligence or intentional wrongful act of the Indemnified Parties. The indemnification provided herein shall be effective to the maximum extent permitted by applicable law. This indemnity extends to all legal costs including without limitation; attorney's fees, costs, liens, judgments, settlements, penalties, professional fees or other expenses incurred by the Park District. This indemnification is not limited by any amount of insurance required under the Agreement and shall cover the cost of defense of any claim of liability within the scope of the indemnity whether or not such claim is meritorious. Further, the indemnity contained in this section shall survive the expiration or termination of the Agreement. VSI shall be
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solely responsible for the defense of any and all claims, demands or suits against the Indemnified Parties including without limitation, claims by employees, subcontractors, agents, or servants of VSI provided that the Park District shall have the right to designate separate counsel to defend the Park District in which event the fees and expenses of such counsel shall be paid by VSI.
VSI shall promptly provide, or cause to be provided, to the Park District and the Park District counsel copies of any such notices as they may receive of any claims, actions or suits as may be given or filed in connection with VSI's or any subcontractor's performance of the Agreement and for which the Indemnified Parties may claim indemnification hereunder and give the Indemnified Parties authority, information, and/or assistance for the defense of any claim or action.
VSI shall keep in full force and effect and maintain at its sole cost and expense the policies of occurrence based insurance during the entire duration of the work performed on the Park District's premises. The Indemnified Parties shall be named,identified or endorsed as additional insured parties on the policy of insurance.
VSI shall maintain insurance limits no less than the following:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $1,000,000 per accident.
The liability limits described herein above may be satisfied in part with an umbrella policy provided its coverage is no narrower than the primary liability policies herein described.
VSI's insurance shall contain Severability of Interests/Cross Liability coverage stating that VSI's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
The insurance companies shall maintain at least an A rating in the most current publication of Best's Policyholder Guide and shall be licensed to do business in Illinois.
Such insurance shall be primary insurance and any other valid insurance existing for the Park District's benefit shall be excess of such primary insurance. VSI shall obtain such endorsements to its policies of insurance as are necessary to cause the policies to comply with the requirements stated herein.
Certified copies of the policies of insurance required above shall be furnished to the Park District by VSI prior to commencement of any work to be performed. All such
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policies or certificates shall contain no less than thirty (30) days prior written notice to the Park District of cancellation, non-renewal or material change in the insurance by certified or registered mail, return receipt requested. Any failure of the Park District to require proof of insurance or obtain receipt thereof prior to commencement of any work shall not be found to be a waiver of such requirement.
23.0 Limitation of Liability. Except for the warranties specified in Section 13.0, VSI grants no warranties, either expressed or implied, including, but not limited to any implied warranties or merchantability or fitness for a particular use. Notwithstanding anything to the contrary in this Agreement, it is expressly agreed that VSI shall in no event be liable for incidental, indirect, or consequential damages.
24.0 Confidentiality of Park District Information. VSI acknowledges that all material and information supplied by Park District which has or will come into the possession or knowledge of VSI in connection with VSI's performance is to be considered Park District's confidential and proprietary information, disclosure of which information to or use by third parties will be damaging or which disclosure may be prohibited by law. VSI agrees to hold such material and information in strictest confidence, not to make use of it other than for performance as defined in this Agreement, to release it only to VSI employees requiring such information, and not to release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure of information. The Park District’s damages arising from VSI’s violation of this provision are difficult to ascertain and for which there is not a sufficient remedy at law.
25.0 Delivery Costs. VSI shall be responsible for the cost of media and delivery of the Application Software and Documentation to Park District's facility. Park District shall be responsible for the delivery cost of the POS and Membership Equipment.
26.0 Risk of Loss. The risk of loss or destruction for the Application Software,Documentation, and POS and Membership Equipment regardless of the cause, shall be the responsibility of VSI until the Application Software, Documentation, and POS and Membership Equipment have been delivered to the Park District's premises andaccepted by Park District personnel, or have been delivered and installed by VSI personnel. If any Application Software, Documentation, or POS and Membership Equipment is lost or damaged during shipment, delivery or installation, VSI shall replace it at no additional charge to Park District.
27.0 Future Application Software. VSI agrees that Park District shall have the right to upgrade the Application Software to future Application Software products at no additional cost to Park District for the Application Software, provided that the Park District has a software maintenance contract with VSI in effect at the time of the upgrade.
VSI agrees that the Park District shall have the right to license the applications and interfaces defined in this section 27.0 at the defined license and support fees for up to three (3) years from the execution of this Agreement. VSI agrees to install any and all of the applications and interfaces at no charge to the Park District. The Park District
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may operate all of the applications and interfaces in a test environment to verify that the applications satisfy the processing requirements of the Park District. The Park District will pay VSI the license and maintenance fees defined in this section when any of the applications or interfaces are used to process live transactions.
28.0 Compliance With All Laws. This Agreement, including all Schedules attached hereto and/or incorporated by reference herein, shall be governed and construed in accordance with the laws of the State of Illinois. VSI shall comply with all applicable laws, regulations and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of this Agreement including without limitation all applicable laws, rules and regulations pertaining to equal employment opportunity. In furtherance and not in limitation of the foregoing, VSI specifically represents and certifies to Park District that it is not barred from entering into this Agreement as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code and it complies with the equal employment opportunity provisions of 775 ILCS 5/2-105, including maintaining a written sexual harassment policy in full compliance with 775 ILCS 5/2-105(A)(4). Included within the scope of the laws, regulations and rules referred to in this paragraph but in no way to operate as a limitation, are all forms of traffic regulations, public utility and Intrastate and Interstate Commerce Commission regulations, Workers' Compensation Laws, Prevailing Wage Laws, the Social Security Act, of the Federal Government and any of its titles, the Illinois Human Rights Act and regulations or EEOC statutory provisions and rules and regulations. Any breach by VSI of the foregoing laws, regulations and rules shall constitute a breach by VSI of this Agreement.
29.0 Assignment. VSI shall not assign or transfer this Agreement to any other person or entity without the written consent of the Park District, which shall not be unreasonably withheld. The Park District shall not assign or transfer this Agreement to any other person or entity without the written consent of VSI, which shall not be unreasonably withheld. Any assignment approved hereunder shall not relieve the assignor of any liability which has accrued under this Agreement unless the assignee executes an Assumption Agreement reasonably satisfactory to the non-assigning party.
30.0 Partial Invalidity. If any provision hereof shall be held to contravene any applicable law, such provision shall be deemed reformed to the extent of conforming to said law, and in all other respects the terms hereof shall remain in full force and effect. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect, and such invalid or
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unenforceable provision will be limited and curtailed only to the extent necessary for it to be valid and enforceable.
31.0 Waiver of Breach. No term of this Agreement shall be deemed waived or breach-excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach.
32.0 Section Headings. The section headings contained in this Agreement arefor reference purposes only and do not in any way affect the meaning or interpretation of this Agreement.
33.0 Notices. All notices, demands, requests, and other communications required or permitted to be given by either party under this Agreement shall be in writing and:
(a) shall be sent by a nationally recognized overnight courier, in which event notice shall be deemed delivered one (1) business day after deposit with that courier; or
(b) shall be sent by United States Certified Mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the United States Mail.
The addresses of the parties to this Agreement are as follows:
Vermont Systems, Inc. Fox Valley Park District12 Market Place 101 W. Illinois AvenueEssex Junction, VT 05452 Aurora, Illinois 60506Attention: Mr. Giles Willey Attention: Ms. Diana Erickson
34.0 Entire Agreement. This Agreement and the attached schedules: Schedule A, Application Software, Schedule B, Vermont Systems Cloud Computing Services,Schedule C, VSI Hosting Services, Schedule D, POS and Membership Equipment,Schedule E, Application Software Price, Schedule F, Project Schedule, and Schedule G, Payment Schedule, constitutes the entire Agreement between VSI and Park District.
WebTrac Internet Software 66+ RecTrac UsersWebTrac Activity RegistrationWebTrac Facility ReservationsWebTrac Pass Registrations/RenewalsWebTrac Point of Sale/Tickets (General Admission)WebTrac POS Venue Ticketing (Assigned Seating)WebTrac Trip ReservationsMobile RecTracMobile WebTracWebTrac Enterprise Base 25 AgentsWebTrac Enterprise Additional 25 Agents (50 total Agents)WebTrac Standard Brochure InterfaceWebTrac First Style Sheet Service Initial and MajorStandard Splash Page Options
Access Control Software – 10 turnstiles/doors/gates
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SCHEDULE B VERMONT SYSTEMS CLOUD COMPUTING SERVICES
1. Complete Managed Hosting Services:VSI owns and manages redundant servers and communications devices that are installed at the Tech Vault data center. These systems are operational on a 24/7/365 basis. VSI provides its hosting services customers with Progress Deployment software support, Progress RDBMS database support, and extended hours Pager support as described in VSI’s current Sales & Support Policies. Initially, this includes live hosting phone support from 8:00am to 8:00pm, Monday – Friday, plus no charge Pager support for all other 24/7 hours. As the number of hosting customers grows, live hosting phone support will be expanded accordingly.
2. Eastern and Western Data Center Hosting Services:Tech Vault and FORTRUST are VSI business partners that assist VSI to provide complete hosting services for VSI customers. Tech Vault has a Green Building Council Gold Certification and is HIPAA, PCI-DSS, LEED Silver, and SSAE-16 certified. Tech Vault has also applied for LEED Gold certification. FORTRUST has been awarded an M&O Stamp of Approval with Tier III Design Certified and are SSAE-16 Services Organization Control (SOC) 1 Type 2, SOC 2 Type 2, and SOC 3 SysTrust Services Organization reporting colocation facility.
Data Center Space:- Multi-level security access to the server facility.- HIPAA-compliant facility with exterior walls built to Homeland Security
specifications.
Data Center Cooling & Environment:- Industry-leading cooling with integrated humidification.- Fully redundant N + 1 architecture.
Security & Access:- Man-Trap access-only with dual-factor finger biometric scan and integrated HID proximity reader.- Keycard and biometric facility access.- Authorized VSI access 24/7/365.- Video surveillance cameras, internal and external, 24/7/365 basis.
Power:- Fully redundant battery and generator backup.- Automatic generator back-up systems dual 800kw diesels.
Internet Services:- Data Centers are ISP Carrier neutral facility.- Two tier-one providers – Level 3 and Fairpoint.- Internet utilizes Border Gateway Protocol to provide 100% internet availability.
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SCHEDULE B VERMONT SYSTEMS CLOUD COMPUTING SERVICES
Additional Data Center Features:- 24/7/365 Facility Environmental Monitoring by Data Center staff.- Hardware Monitoring (SNMP) and Diagnostics. - 100% uptime for bandwidth and power.
3. VSI Managed Hosting Services:- Redundant hosting servers, routers, and switches with automatic fail-over.- Progress Deployment software support and Progress RDBMS database support.- Automatic VSI program updates.- Database daily backup and database restore, as requested, and copy live to
demo.- RecTrac and WebTrac only generated email service. (Not to be used as a
general mail server).- Regularly scheduled Vulnerability Assessment.- Managed hosting services anti-virus protection.- All VM services are hosted in a private cloud.- VSI will routinely install server operating system updates, as released by the
vendors.- Progress Replication between data centers for Disaster Recovery site.*- Progress TDE Encryption available for data at rest protection.
4. VSI Additional Chargeable Hosting Services:- Periodic database performance audits and tuning.- Assisted HTML development of splash pages and implementation.
5. SSL (Secure Sockets Layer) Certificate:VSI will provide the SSL Certificate for the hosting servers. While the flow of data between the hosting servers and the Customer’s remote users is encrypted using the SSL provided, VSI is not responsible for any loss of data beyond its control.
6. Fire Wall Rules:VSI is responsible for configuring and maintaining the firewall rules for the hosting servers and will notify the Park District of any changes that would impact the Park District’s access to the application database. The Park District is responsible for configuring and maintaining firewall rules for all Park District locations.
* Failover to warm Disaster Recovery site is controlled manually by VSI staff. Since each data center has localized redundancies built-in, a catastrophic event would need to occur before failover would be initiated. Alternate URL's for RecTrac/WebTrac will be provided to customers in case a Disaster Recovery event occurs.
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SCHEDULE B VERMONT SYSTEMS CLOUD COMPUTING SERVICES
7. Periodic Hosting Servers Maintenance:VSI will provide the Park District with advance notice when the hosting servers will be unavailable due to scheduled maintenance. VSI will coordinate with the Park District to minimize down time for scheduled maintenance.
8. VSI Hosting Servers Technical Support:If the source of a technical problem exists within the systems or technology under VSI management, no charge will apply. For example, a technical issue, such as, your hosting server becomes unreachable due to a network or hardware failure. This example is for reference purposes only and should not be misconstrued as the only issue that might arise over time.
9. ERI PayTrac License:The Park District must license one of the VSI certified ERI credit card interfaces to process office (Retail, MOTO) and online (ecommerce) payments and to ensure that credit card data is encrypted and secure. If pin debit card payments are to be accepted, then a VSI ERI pin debit card interface will be required for the same processor. If check payments are to be processed electronically, a VSI eCheck interface will also be required.
10.Hosting Penalties:There shall be no downtime penalty for scheduled operating system upgrades, scheduled Progress software updates, application software upgrades, DNS outages, and application database upgrades. Except for these scheduled downtimes, VSI expects over 99.7% uptime. Therefore, if the software applications are unavailable for Park District use for more than 26 hours of a total 8760 hours in a calendar year due to hosting services, VSI will credit the Park District with a prorated amount for any lost time exceeding 26 hours to the nearest 15 minutes.
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SCHEDULE CVSI HOSTING SERVICES
Item Description Silver Gold Platinum
1. Flat monthly fee (no transaction fees) based on Service Level and number of concurrent users. Yes Yes Yes
2.
No forced convenience fee passed on to patrons. VSI customer can elect to charge a convenience fee to the patron for WebTrac transactions, but this is a user-defined parameter.
Yes Yes Yes
3.
Servers managed by VSI in one of two secure data centers located in eastern and western regions of the United States. All server hardware and operating system maintenance is provided by trained VSI professionals.
Yes Yes Yes
4.
RecTrac Email Archiving tracks emails sent in report format to include address, recipent, subject, email body, and RecTrac user who sent the email, along with the list of BLOB attachments. Does not guarantee delivery or receipt.
Yes Yes Yes
5
Original Email Archiving Service provides all standard RecTrac email tracking listed in # 4 above, but also on request copies of original emails sent. Does not guarantee delivery or receipt. See VSI Hosting & Original Email Archiving Service price list for fees.
ChargeableNegotiated based on
volume and retention period of
3/5/7 years
ChargeableNegotiated based on
volume and retention period of
3/5/7 years
ChargeableNegotiated based on
volume and retention period of
3/5/7 years
6.
All VSI application upgrades will be performed by VSI. If these upgrades involve "planned" downtime, they will be coordinated with the customer to occur during off-peak hours. Any planned downtime for software upgrades will occur after 11:30 ET for the Eastern data center and 11:30pm MT for the Western data center.
Yes Yes Yes
7.
Test application upgrades performed prior to the live database upgrade so that a customer will have an accurate understanding of the planned downtime period needed to perform the upgrade.
Chargeable Chargeable Yes
8.
After Image (.AI) snapshot window in minutes. These snapshots reduce the potential data loss if a system failure takes place. A lower value equates to greater "insurance coverage". This coverage extends backwards 7 days from the current day.
180 120 60
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Item Description Silver Gold Platinum
9.
Daily Live Database Backups and nightly off-premise backups are performed by VSI on a rolling 7 day basis. In addition, VSI maintains a rolling quarter-end backup and a rolling annual backup for three years.
Yes Yes Yes
10. Toll Free phone support including WebEx diagnostic sessions. Yes Yes Yes
11. ODBC Connection for third party access to reporting database updated once every 24-hours to accommodate dashboards and custom reporting.
Chargeable Chargeable Yes
12. Redundant servers, power supplies, bandwidth in and out of the hosted servers, network connections, RAID 10 disk arrays, and SAN/NAS configuration.
Yes Yes Yes
13.
Progress OpenEdge Replication provides automatic, real-time database failover or disaster recovery at an alternate site with minimal or no disruption. Maintains data integrity between source and target databases.
Yes Yes Yes
14.
Progress Transparent Data Encryption (TDE) provides the option to encrypt user-selected sensitive data fields to protect from unauthorized access, while data is in transit and at rest.
Yes Yes Yes
15. Monthly third party external PCI scan provided by Trustwave Yes Yes Yes
16. Automatic checks every "X" minutes to be sure WebTrac home page is accessible. 90 Min 60 Min 30 Min
17. Library of WebTrac Splash Pages available for loading into a customer's hosted database. Chargeable 50% Disc Yes
18. WebTrac Style Sheet and image changes required due to VSI upgrade changes will be updated by VSI. Yes Yes Yes
19.
Staff training using phone and WebEx when applicable. These hours can be used to train new staff; refresher sessions for existing staff; or to learn a new function in a VSI hosted application. Each training segment is a maximum of four hours and is limited to number of sessions listed.
Chargeable(StandardTraining
RateApplies)
OneSession
TwoSessions
20. Library of Membership Card, Gift Card, and Ticket templates available for loading into a customer's hosted database.
Yes Yes Yes
21. Maximum recovery time associated with any unplanned outage at Primary data center. 12 Hours 6 Hours 2 Hours
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Item Description Silver Gold Platinum
22.
Maximum recovery time associated with any unplanned outage that requires switching to a Secondary data center. This would only occur, if the Primary data center outage is expected to exceed 8 hours.
16 hours 10 hours 6 hours
23.
24/7 Pager Support related to hosting issues included at no additional charge. Hosting support ends at the RecTrac login screen. Then standard application software support services become effective, as soon as a user can login into RecTrac or other VSI application software.
Yes Yes Yes
24. LIVE to DEMO database copies performed by VSI during off-peak hours every Tuesday and Thursday. Yes Yes Yes
25.
Standard WebTrac includes 25 Agents for processing both staff and patron service requests, and each Agent can service approximately 20 simultaneous requests per second. Additional Agents included listed in columns at right, and more can be licensed or rented, if needed.
0 0 25(Total 50)
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SCHEDULE DPOS AND MEMBERSHIP EQUIPMENT
Existing POS and Membership Equipment
Indiana Cash Drawers attached to Epson TM88 receipt printersAPG 4000 series cash drawers attached to Epson TM88 receipt printersIDTECH IDMB-334133B credit card readersMicrosoft Lifecam digital camerasMetrologic MS7120 scannersMetrologic MS7625 access control scanners (pending testing at VSI)Zebra P330i card printersZebra ZXP series card printersZebra P310i card printers
11 Serial Null-Modem Gender Change 9-Pin, Male/Male 10’ $165.00(H-ACC-IB-01-NULD)
11 Serial Null-Modem Gender Change 9-Pin, Male/Male $220.00(H-ACC-IB-01-NULT)
11 Enclosure for 7000 P1&P2 Reader Interface Board $385.00(H-ACC-IB-01-ENC)
1 Shipping $352.00
Total Equipment Price $6,292.00
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SCHEDULE EAPPLICATION SOFTWARE PRICE
Application Software License Fee Maintenance FeeActivity Registration $3,750.00 $750.00Facility Reservation $3,750.00 $750.00Pass Management $3,750.00 $750.00Point of Sale/Inventory Control/Tickets $3,750.00 $750.00POS Theatre Venue Ticketing $2,450.00 $490.00Trip Reservations $2,450.00 $490.00Incident Processing and Reporting no charge no chargeSystem Administration $550.00 $550.0050 additional full time user licenses (52 total) $15,000.00 $2,500.0064 monthly rental user licenses (16 users x $1,920.00 no charge
4 months)AP Batch Refund Interface $1,500.00 $300.00General Ledger Interface $1,500.00 $300.00Activity Registration Custom Brochure Interface$1,500.00 $300.00Pass Management ID Integration $1,580.00 $290.00VSI Credit Card External Redirect Interface $1,500.00 $300.00Web Internet Software (66+ RecTrac users) $9,250.00 $1,850.00WebTrac Activity Registrations $2,450.00 $490.00WebTrac Facility Reservations $2,450.00 $490.00WebTrac Pass Registrations/Renewals $2,450.00 $490.00WebTrac Trip Reservations $2,250.00 $450.00WebTrac Point of Sale/Tickets (general admin) $2,450.00 $490.00WebTrac POS Venue Tickets (assigned seat) $2,250.00 $450.00Mobile RecTrac $3,450.00 $690.00Mobile WebTrac $3,450.00 $690.00WebTrac Enterprise Base 25 Agents $2,500.00 $500.00WebTrac Enterprise Additional 25 Agents no charge no chargeWebTrac Standard Brochure Interface no charge no chargeWebTrac First Style Sheet Service Initial $750.00 no charge
and MajorStandard Splash Page Options $500.00 no chargeAccess Control 1st turnstile/door/gate $1,950.00 $350.009 additional Access Control $2,700.00 $450.00
Third Party ProductsProgress OpenEdge Workgroup Appl Server $13,891.00 $2,942.00
& RDBMS
Discount -$7,095.00
Application Software Price $90,596.00 $18,852.00
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SCHEDULE EAPPLICATION SOFTWARE PRICE
VSI ServicesTraining (30 days RecTrac on-site training, $31,600.005 days WebTrac on-site training, 16 hoursRemote WebTrac training, 5 days AccessControl on-site installation/training)
Estimated Travel Expenses $25,800.00
VSI Hosting Solution Monthly Fee (Platinum Level) $3,430.00
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SCHEDULE FPROJECT SCHEDULE
The following is the Project Schedule for the implementation of the Application Software:
Date Event
30 days prior to the first scheduled Installation of the Application training session Software on the VSI Hosting Solution*
7 days prior to the first scheduled training Completion of household datasession conversion
160 days after the project start date or April 1, Completion of the Training2016, whichever occurs first**
30 days after completion of Training Completion of the Acceptance Testing and Application Software Acceptance
30 days prior to live processing Completion of membership dataconversion
* Shipping and Installation of the POS and Membership Equipment will be at the sole option of the Park District as defined in section 5.0.** After the execution of the agreement, Park District and VSI shall identify the mutually agreed to project start date.
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SCHEDULE GPAYMENT SCHEDULE
Payment Date Amount CalculationExecution of Agreement $13,589.40 15% of the Application Software PriceCompletion of Training $31,708.60 35% of the Application Software PriceApplication Software Acceptance $22,649.00 25% of the Application Software Price60 days after Application Software $22,649.00 25% of the Application Software PriceAcceptance or live processing, whichever is first. _________Total Application Software $90,596.00
Delivery of POS and Membership Equipment* $6,292.00
VSI Services**30 days on-site RecTrac training at $750/day $22,500.005 days on-site WebTrac training at $750/day $3,750.0016 hours off-site WebTrac set-up at $100/hour $1,600.005 days on-site Access Control installation/training at $750/day $3,750.00
Total VSI Services $31,600.00
Travel Expenses***Estimated Estimated
RecTrac Unit Cost Extended Cost6 days travel time $375.00 per day $2,250.0030 days travel expenses $330.00 per day $9,900.006 airfare tickets $1,200.00 per ticket $7,200.00WebTrac1 day travel time $375.00 per day $375.005 days travel expenses $330.00 per day $1,650.001 airfare ticket $1,200.00 per ticket $1,200.00Access Control1 day travel time $375.00 per day $375.005 days travel expenses $330.00 per day $1,650.001 airfare ticket $1,200.00 per ticket $1,200.00
Total Estimated Travel Expenses $25,800.00
VSI Hosting Solution Monthly Fee $3,430.00
* Payment for the POS and Membership Equipment will be made when the equipment is delivered to the Park District.
** The Park District will be charged for VSI services as the services are rendered.***The Park District will be charged the actual travel expenses incurred by VSI during
the installation and training as they are incurred.
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SOFTWARE MAINTENANCE AGREEMENT BETWEEN THEFOX VALLEY PARK DISTRICT AND VERMONT SYSTEMS, INC.
This instrument, dated this day of August, 2015, presents the terms and conditions of a Software Maintenance Agreement ("Agreement") by and between the Fox Valley Park District, 101 W. Illinois Avenue, Aurora, Illinois 60506, (herein called "Park District"), and Vermont Systems, Inc., a Vermont corporation, 12 Market Place, Essex Junction, Vermont 05452, (herein called "VSI").
By this Agreement, VSI has agreed to provide to Park District the software maintenance services set forth in this Agreement;
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein set forth, and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, it is agreed as follows:
1.0 Definitions.
1.1 Application Software. "Application Software" is defined as the VSI application software set forth in Schedule A, List of Application Software.
1.2 VSI Hosting System. VSI owns and manages hosting systems that are installed at its Eastern and Western data centers. VSI shall assist the Park District with identifying which hosting system provides the best system performance for the Park District. The hosting system that provides the best performance shall be the “VSI Hosting System” and the other hosting system shall be the “Backup VSI Hosting System.” The VSI Hosting System shall consist of the equipment, software, communications, data center facility and attributes, and security provided by VSI on which the Park District’s licensed version of the Application Software is installed and operated. The VSI Hosting System shall include, but not be limited to, the capabilities and features defined in Schedule B, Vermont Systems Cloud Computing Services.
1.3 VSI Hosting Services. “VSI Hosting Services” are defined as the services provided by VSI to install and operate the Application Software on the VSI Hosting System. The VSI Hosting Services include, but are not limited to, the services and features defined in Schedule C, VSI Hosting Services. VSI Hosting Services shall include full data replication of the Park District’s licensed Application Software and data to the Backup VSI Hosting System and emergency cut-over to live processing at the Backup VSI Hosting System in the event of a failure in the VSI Hosting System that operates the Park District’s licensed Application Software and data. Such emergency cut-over shall be performed within the timeframes defined in item 21 of Schedule C.
1.4 VSI Hosting Solution. “VSI Hosting Solution” is defined as the VSI Hosting System and the VSI Hosting Services.
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1.5 POS and Membership Equipment. “POS and Membership Equipment” is defined as the Existing POS and Membership Equipment, and the POS and Membership Equipment to be Provided by VSI listed on Schedule D.
1.6 All other capitalized terms not otherwise defined herein shall have the same meanings ascribed to them in the Agreement Between Fox Valley Park District and Vermont Systems, Inc. dated August __, 2015 (“Software License Agreement”).
2.0 Support.
2.1 Software Maintenance Service. After Installation of the Application Software, as defined in the Software License Agreement, VSI shall make software maintenance service, (hereinafter "Software Maintenance Service"), available to Park District. VSI shall offer Software Maintenance Service to Park District for the Application Software and the Progress Software on an annual basis. Software Maintenance Service shall include, but not be limited to, the following:
(a) unlimited support services concerning the use of the Application Software and Progress Software operating on the VSI Hosted Solution, and the use, configuration and operation of the POS and Membership Equipment;
(b) correction of all errors found in the Application Software, Progress Software, and in the POS and Membership Equipment operating in conjunction with the VSI Hosted Solution;
(c) one (1) copy of each subsequent update, revision, release, or new version of the Application Software and Progress Software and related material;
(d) one (1) copy of the new or updated documentation for the Application Software and Progress Software which accurately reflects the changes in the update, revision, release or new version of the Application Software and Progress Software;
(e) correction of all malfunctions, errors and other issues in the VSI Hosted Solution that cause the Application Software to not operate in accordance with the System Specifications defined in the Software License Agreement.
VSI shall install new updates, revisions, releases, or new versions of theApplication Software or Progress Software in the Park District’s test environment on the VSI Hosted Solution. Park District shall have the ability to test the new update, revision, release, or new version in the test environment, to the Park District’s satisfaction. The installation of any new updates, revisions, releases, or new versions of the Application Software on the test environment of the VSI Hosted Solution shall be performed at a date and time that is mutually agreed to by VSI and the Park District. VSI shall not install a new update, revision, release, or new version of the Application Software in the Park District’s live environment on the VSI Hosted Solution without the Park District’s prior written approval. VSI shall provide the Park District with unlimited support to assist Park District personnel with performing any required installation tasks. The installation
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of new updates, revisions, releases, or new versions of the Application Software or Progress Software in the Park District’s test or live environment shall be performed by VSI at no additional charge to the Park District.
2.2 Annual Software Maintenance Fee. VSI shall make Software Maintenance Service available to Park District for the annual maintenance fee as defined in Schedule A, (hereinafter "Software Maintenance Fee"). Park District will pay VSI the Software Maintenance Fee starting three (3) months after the Park District begins processing live transactions using the Application Software (“Software Maintenance Start Date”). The Software Maintenance Fee shall remain as defined in Schedule A until two (2) years after the Software Maintenance Start Date, at which time the Software Maintenance Fee shall be the lower of the following:
(a) the then prevailing Software Maintenance Fee for the Application Software and Progress Software charged to any other customer of VSI;
or(b) a three percent (3%) increase to the Software Maintenance Fee
that was charged to the Park District in the previous year.
Park District may elect to have the Software Maintenance Fee due on May 1 each year that the maintenance is in effect. If Park District elects to have the Software Maintenance Fees due on May 1, the Software Maintenance Fees shall be prorated from the Software Maintenance Start Date to May 1. Each year thereafter, the full amount of the Software Maintenance Fees shall be payable on May 1.
At its sole discretion, and at any time, Park District may elect in writing to receiveSoftware Maintenance Service on a time-and-materials basis. VSI's billing rates for time-and-materials Software Maintenance Service for the Application Software and Progress Software is one hundred dollars ($100.00) per hour and shall remain at one hundred dollars ($100.00) per hour until two (2) years from the execution of this Agreement at which time VSI will provide time-and-materials Software Maintenance Service at the lower of the following:
(a) the then prevailing hourly rate charged to any other customer of VSI
or(b) a three percent (3%) increase per year to the base hourly rate of
one hundred dollars ($100.00) per hour.
2.3 Maintenance Hours. VSI will respond to calls for service during VSI's normal working hours between 8:00 a.m. and 8:00 p.m. eastern time, and via pager support Saturday and Sunday between 8:00 a.m. and 5:00 p.m. eastern time Monday through Friday. If the Park District requires service during extended hours, Monday through Friday 8:00 pm ET – 10:00 pm ET, and Holidays 8:00 a.m. – 5:00 p.m. ET, VSI shall provide pager/telephone service at the rate of $100 per hour with a minimum of $50 per telephone call, which could involve multiple telephone calls. VSI shall provide pager support for the VSI Hosting Solution between 8:00 p.m. and 8:00 a.m. eastern
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time, Monday through Friday, and all day Saturday and Sunday at no additional charge to the Park District.
3.0 Support Call Process. Three types of support call priorities are identified as follows: Priority 1 is High priority, Priority 2 is Medium priority, and Priority 3 is Low priority. The criteria used to establish guidelines for these priorities are as follows:
Priority 1 – HighConsists of errors that cause unrecoverable loss or corruption of data or loss of essential software functionality that prevents processing and there is no workaround. Generally, the system would be down.
Priority 2 – MediumConsists of errors that cause loss of essential software functionality that prevents processing, but has a workaround, or loss of non-essential software functionality that does not have a workaround. Generally, the system is not down, but the problem is causing staff inconvenience.
Priority 3 – LowConsists of errors that may be causing loss of non-essential software functionality, but have a workaround. While the system is not down generally, the operational questions need to be resolved.
A workaround to a Priority 1, 2, or 3 system error shall only be considered an acceptable workaround solution if: (i) a different feature or function of the Application Software is used to successfully perform the processing that was affected by the system error, (ii) the processing of the different feature or function requires minimal manual effort by Park District personnel, and (iii) there is minimal loss of required functionality.
VSI will respond to Priority 1 – 3 support calls in accordance with the Table of Service below, and all time references are clock hours or calendar days, unless otherwise specified. Park District will use the VSI support telephone number or support email address during standard VSI business hours or the VSI pager number during standard pager support hours.
In the event that VSI is unable to provide either a permanent or a mutually acceptable temporary resolution within the applicable timeframes set forth in the Table of Service below, VSI will initiate escalation procedures at VSI’s sole expense.
The Table of Service below lists the service level required by the three priority levels described above:
Initial Response Due 1 hour 4 hours 2 daysCorrection identified and a mutually 24 hours 7 days As mutually
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agreeable correction plan will be developed within
agreed
Escalation Stage 1 (Support Managers) 12 hours 7 days N/AStage 1 Status Report Intervals Every 4 hours during
standard business hours
Daily N/A
Escalation Stage 2 (Vice President of Support)
24 hours 7 days N/A
Stage 2 Status Report Intervals Every 4 hours during standard business hours
daily N/A
Escalation Stage 3 (President) 72 hours 10 days N/A
4.0 Term. Park District is guaranteed the right to purchase Software Maintenance Service from VSI for as long as Software Maintenance Service is available on the Application Software. Software Maintenance Service will be automatically renewed annually. VSI shall not terminate this Agreement unless Park District has defaulted as defined in section 10.0 of this Agreement. Park District may, at its sole option, terminate this Agreement with thirty (30) calendar days written notice to VSI with no further liability after the effective date of the termination. In the event Park District pays for Software Maintenance Services on an annual basis and terminates this Agreement as herein described, VSI shall reimburse the Software Maintenance Fee in an amount proportionate to the remainder of the term for which the Park District has paid for service in advance.
5.0 Conversion Costs. If a conversion of Park District's data is necessary due to the installation of an update, revision, release, or new version of the Application Software or Progress Software, VSI shall perform the conversion at no charge to the Park District. VSI will perform the conversion and install the database as needed on the Park District’s test or live environment in the VSI Hosted Solution.
6.0 Warranty of Compatibility with the POS and Membership Equipment. VSI understands that Park District intends to use the Application Software and Progress Software in conjunction with the POS and Membership Equipment defined herein; accordingly, VSI represents and warrants that the initial installation of the Application Software and Progress Software shall be fully compatible with the POS and Membership Equipment. VSI shall use its best efforts to assist the Park District with resolving any compatibility issues between the POS and Membership Equipment and future versions or releases of the Application Software and Progress Software.
7.0 Warranty of Compatibility with Interfaces and Custom Programming. VSI represents and warrants that any interfaces or custom programming developed and implemented by VSI for the Park District, including but not limited to the general ledger interface, refund interface, brochure interface, and custom reports, shall be fully compatible with, and shall operate as originally designed with all new updates, revisions, releases and new versions of the Application Software and Progress Software. If an update, revision, release, or new version of the Application Software and Progress Software causes an interface or custom programming to not operate as
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originally designed, VSI shall immediately, and at no cost to the Park District, modify the interface or custom programming to conform to the original design.
8.0 Additional Licensed Modules. At the Park District’s sole option, all terms and conditions of this Agreement shall apply to any additional VSI software modules that are licensed by the Park District in the future. The Park District may be required to pay additional maintenance fees for the additional VSI software modules licensed.
9.0 Government Mandated Software Changes. VSI agrees to provide changes to the Application Software to enable the Application Software to comply with any and all processing or reporting required or mandated by the Federal government or the State of Illinois. Such required processing or report changes shall be made to the Application Software by VSI within the required time frame as defined by the governing body or authority concerned. VSI agrees to provide changes to the Application Software to enable the Application Software to comply with any and all processing or reporting required or mandated by the State of Illinois provided that Park District gives VSI the specifications from the State of Illinois regarding the processing or reporting requirement. The changes to the Application Software identified in this section shall be performed by VSI at no charge to Park District provided that Park District has paid the Software Maintenance Fee at that time.
10.0 Default by Park District. The nonpayment or nonperformance of any obligation required to be fulfilled under this Agreement by Park District will not be deemed a default unless Park District fails to cure the default within thirty (30) calendar days after written notice to Park District of such nonpayment or nonperformance. If Park District fails to cure such default within the cure period, ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the Federal Bankruptcy Act, then VSI may terminate this Agreement. Any nonpayment or nonperformance by the Park District which is the result of a dispute between the parties to this Agreement shall not be considered a default by the Park District. Nothing herein shall be construed to cause a Default under this agreement to result in a termination of the License granted the Park District under the Software License Agreement.
11.0 Default by VSI. The nonperformance of any obligation of VSI will not be deemed a default unless VSI fails to cure the default within thirty (30) calendar days after written notice to VSI of such nonperformance. If VSI fails to cure such defaultwithin the cure period, ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of or becomes subject to any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of the rights of creditors, then Park District may do any one or more of the following: (i) terminate this Agreement; (ii) suspend any payments due under the Agreement; (iii) pursue any remedy available to it at law or in equity in addition to any specific rights or remedies set forth in this Agreement. Each of the aforesaid rights and remedies are cumulative and the Park District’s election of one
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shall not be deemed to be exclusive of the election of any other rights and remedies herein described.
12.0 Indemnification and Insurance. VSI agrees to protect, defend, indemnify and hold the Park District, its commissioners, officers, officials, agents, and employees, (hereafter "the Indemnified Parties"), free and harmless from and against any and all claims, damage to property, demands, injury or death, in consequence of granting the Agreement or arising out of or being in any way connected with VSI's performance or lack thereof under the Agreement except for matters shown by final judgment to have been solely caused by or attributable to the gross negligence or intentional wrongful act of the Indemnified Parties. The indemnification provided herein shall be effective to the maximum extent permitted by applicable law. This indemnity extends to all legal costs including without limitation; attorney's fees, costs, liens, judgments, settlements, penalties, professional fees or other expenses incurred by the Park District. This indemnification is not limited by any amount of insurance required under the Agreement and shall cover the cost of defense of any claim of liability within the scope of the indemnity whether or not such claim is meritorious. Further, the indemnity contained in this section shall survive the expiration or termination of the Agreement. VSI shall be solely responsible for the defense of any and all claims, demands or suits against the Indemnified Parties including without limitation, claims by employees, subcontractors, agents, or servants of VSI provided that the Park District shall have the right to designate separate counsel to defend the Park District in which event the fees and expenses of such counsel shall be paid by VSI.
VSI shall promptly provide, or cause to be provided, to the Park District and the Park District counsel copies of any such notices as they may receive of any claims, actions or suits as may be given or filed in connection with VSI's or any subcontractor's performance of the Agreement and for which the Indemnified Parties may claim indemnification hereunder and give the Indemnified Parties authority, information, and/or assistance for the defense of any claim or action.
VSI shall keep in full force and effect and maintain at its sole cost and expense the policies of occurrence based insurance during the entire duration of the work performed on the Park District's premises. The Indemnified Parties shall be named,identified or endorsed as additional insured parties on the policy of insurance.
VSI shall maintain insurance limits no less than the following:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $1,000,000 per accident.
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The liability limits described herein above may be satisfied in part with an umbrella policy provided its coverage is no narrower than the primary liability policies herein described.
VSI's insurance shall contain Severability of Interests/Cross Liability coverage stating that VSI's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
The insurance companies shall maintain at least an A rating in the most current publication of Best's Policyholder Guide and shall be licensed to do business in Illinois.
Such insurance shall be primary insurance and any other valid insurance existing for the Park District's benefit shall be excess of such primary insurance. VSI shall obtain such endorsements to its policies of insurance as are necessary to cause the policies to comply with the requirements stated herein.
Certified copies of the policies of insurance required above shall be furnished to the Park District by VSI prior to commencement of any work to be performed. All such policies or certificates shall contain no less than thirty (30) days prior written notice to the Park District of cancellation, non-renewal or material change in the insurance by certified or registered mail, return receipt requested. Any failure of the Park District to require proof of insurance or obtain receipt thereof prior to commencement of any work shall not be found to be a waiver of such requirement.
13.0 Confidentiality of Park District Information. VSI acknowledges that all material and information supplied by Park District or Park District’s customers which has or will come into the possession or knowledge of VSI in connection with VSI's performance is to be considered Park District's confidential and proprietary information, disclosure of which information to or use by third parties will be damaging or which disclosure may be prohibited by law. VSI agrees to hold such material and information in strictest confidence, not to make use of it other than for performance as defined in this Agreement, to release it only to VSI employees requiring such information, and not to release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure of information. The Park District’s damages arising from VSI’s violation of this provision are difficult to ascertain and for which there is not a sufficient remedy at law.
14.0 Compliance With All Laws. This Agreement, including all Schedules attached hereto and/or incorporated by reference herein, shall be governed and construed in accordance with the laws of the State of Illinois. VSI shall comply with all applicable laws, regulations and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of this Agreement including without limitation all applicable laws, rules and regulations pertaining to equal employment opportunity. In furtherance and not in limitation of the foregoing, VSI specifically represents and certifies to Park District that it is not barred from entering into this Agreement as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code and it complies with the equal employment opportunity provisions of 775 ILCS 5/2-105,
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including maintaining a written sexual harassment policy in full compliance with 775 ILCS 5/2-105(A)(4). Included within the scope of the laws, regulations and rules referred to in this paragraph but in no way to operate as a limitation, are all forms of traffic regulations, public utility and Intrastate and Interstate Commerce Commission regulations, Workers' Compensation Laws, Prevailing Wage Laws, the Social Security Act, of the Federal Government and any of its titles, the Illinois Human Rights Act and regulations or EEOC statutory provisions and rules and regulations. Any breach by VSI of the foregoing laws, regulations and rules shall constitute a breach by VSI of this Agreement.
15.0 Assignment. VSI shall not assign or transfer this Agreement to any other person or entity without the written consent of the Park District, which shall not be unreasonably withheld. The Park District shall not assign or transfer this Agreement to any other person or entity without the written consent of VSI, which shall not beunreasonably withheld. Any assignment approved hereunder shall not relieve the assignor of any liability which has accrued under this Agreement unless the assignee executes an Assumption Agreement reasonably satisfactory to the non-assigning party.
16.0 Partial Invalidity. If any provision hereof shall be held to contravene any applicable law, such provision shall be deemed reformed to the extent of conforming to said law, and in all other respects the terms hereof shall remain in full force and effect.If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect, and such invalid or unenforceable provision will be limited and curtailed only to the extent necessary for it to be valid and enforceable.
17.0 Waiver of Breach. No term of this Agreement shall be deemed waived or breach-excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach.
18.0 Section Headings. The section headings contained in this Agreement are for reference purposes only and do not in any way affect the meaning or interpretation of this Agreement.
19.0 Notices. All notices, demands, requests, and other communications required or permitted to be given by either party under this Agreement shall be in writing and:
(a) shall be sent by a nationally recognized overnight courier, in which event notice shall be deemed delivered one (1) business day after deposit with that courier; or
(b) shall be sent by United States Certified Mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid, in the United States Mail.
The addresses of the parties to this Agreement are as follows:Vermont Systems, Inc. Fox Valley Park District12 Market Place 101 W. Illinois Avenue
20.0 Entire Agreement. This Agreement and the attached schedules, Schedule A, List of Application Software, Schedule B, Vermont Systems Cloud Computing Services, Schedule C, VSI Hosting Services, and Schedule D, POS and Membership Equipment constitutes the entire Agreement between VSI and Park District.
____________________________ ____________________________Printed Name and Title Printed Name and Title
____________________________ ____________________________Date Date
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SCHEDULE ALIST OF APPLICATION SOFTWARE
The following is a list of the VSI Application Software:
Application Software License Fee Maintenance FeeActivity Registration $3,750.00 $750.00Facility Reservation $3,750.00 $750.00Pass Management $3,750.00 $750.00Point of Sale/Inventory Control/Tickets $3,750.00 $750.00POS Theatre Venue Ticketing $2,450.00 $490.00Trip Reservations $2,450.00 $490.00Incident Processing and Reporting no charge no chargeSystem Administration $550.00 $550.0050 additional full time user licenses (52 total) $15,000.00 $2,500.0064 monthly rental user licenses (16 users x $1,920.00 no charge
4 months)AP Batch Refund Interface $1,500.00 $300.00General Ledger Interface $1,500.00 $300.00Activity Registration Custom Brochure Interface$1,500.00 $300.00Pass Management ID Integration $1,580.00 $290.00VSI Credit Card External Redirect Interface $1,500.00 $300.00Web Internet Software (66+ RecTrac users) $9,250.00 $1,850.00WebTrac Activity Registrations $2,450.00 $490.00WebTrac Facility Reservations $2,450.00 $490.00WebTrac Pass Registrations/Renewals $2,450.00 $490.00WebTrac Trip Reservations $2,250.00 $450.00WebTrac Point of Sale/Tickets (general admin) $2,450.00 $490.00WebTrac POS Venue Tickets (assigned seat) $2,250.00 $450.00Mobile RecTrac $3,450.00 $690.00Mobile WebTrac $3,450.00 $690.00WebTrac Enterprise Base 25 Agents $2,500.00 $500.00WebTrac Enterprise Additional 25 Agents no charge no chargeWebTrac Standard Brochure Interface no charge no chargeWebTrac First Style Sheet Service Initial $750.00 no charge
and MajorStandard Splash Page Options $500.00 no chargeAccess Control 1st turnstile/door/gate $1,950.00 $350.009 additional Access Control $2,700.00 $450.00
Third Party ProductsProgress OpenEdge Workgroup Appl Server $13,891.00 $2,942.00
& RDBMS
Annual Software Maintenance Fee $18,852.00
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SCHEDULE ALIST OF APPLICATION SOFTWARE
For a period of three (3) years from the execution of this Agreement, Park District shall have the right to license the following VSI products for the stated license and annualmaintenance fees:
SCHEDULE B VERMONT SYSTEMS CLOUD COMPUTING SERVICES
1. Complete Managed Hosting Services:VSI owns and manages redundant servers and communications devices that are installed at the Tech Vault data center. These systems are operational on a 24/7/365 basis. VSI provides its hosting services customers with Progress Deployment software support, Progress RDBMS database support, and extended hours Pager support as described in VSI’s current Sales & Support Policies. Initially, this includes live hosting phone support from 8:00am to 8:00pm, Monday – Friday, plus no charge Pager support for all other 24/7 hours. As the number of hosting customers grows, live hosting phone support will be expanded accordingly.
2. Eastern and Western Data Center Hosting Services:Tech Vault and FORTRUST are VSI business partners that assist VSI to provide complete hosting services for VSI customers. Tech Vault has a Green Building Council Gold Certification and is HIPAA, PCI-DSS, LEED Silver, and SSAE-16 certified. Tech Vault has also applied for LEED Gold certification. FORTRUST has been awarded an M&O Stamp of Approval with Tier III Design Certified and are SSAE-16 Services Organization Control (SOC) 1 Type 2, SOC 2 Type 2, and SOC 3 SysTrust Services Organization reporting colocation facility.
Data Center Space:- Multi-level security access to the server facility.- HIPAA-compliant facility with exterior walls built to Homeland Security
specifications.
Data Center Cooling & Environment:- Industry-leading cooling with integrated humidification.- Fully redundant N + 1 architecture.
Security & Access:- Man-Trap access-only with dual-factor finger biometric scan and integrated HID proximity reader.- Keycard and biometric facility access.- Authorized VSI access 24/7/365.- Video surveillance cameras, internal and external, 24/7/365 basis.
Power:- Fully redundant battery and generator backup.- Automatic generator back-up systems dual 800kw diesels.
Internet Services:- Data Centers are ISP Carrier neutral facility.- Multiple tier-one providers.- Internet utilizes Border Gateway Protocol to provide 100% internet availability.
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SCHEDULE B VERMONT SYSTEMS CLOUD COMPUTING SERVICES
Additional Data Center Features:- 24/7/365 Facility Environmental Monitoring by Data Center staff.- Hardware Monitoring (SNMP) and Diagnostics. - 100% uptime for bandwidth and power.
3. VSI Managed Hosting Services:- Redundant hosting servers, routers, and switches with automatic fail-over.- Progress Deployment software support and Progress RDBMS database support.- Automatic VSI program updates.- Database daily backup and database restore, as requested, and copy live to
demo.- RecTrac and WebTrac only generated email service. (Not to be used as a
general mail server).- Regularly scheduled Vulnerability Assessment.- Managed hosting services anti-virus protection.- All VM services are hosted in a private cloud.- VSI will routinely install server operating system updates, as released by the
vendors.- Progress Replication between data centers for Disaster Recovery site.*- Progress TDE Encryption available for data at rest protection.
4. VSI Additional Chargeable Hosting Services:- Periodic database performance audits and tuning.- Assisted HTML development of splash pages and implementation.
5. SSL (Secure Sockets Layer) Certificate:VSI will provide the SSL Certificate for the hosting servers. While the flow of data between the hosting servers and the Customer’s remote users is encrypted using the SSL provided, VSI is not responsible for any loss of data beyond its control.
6. Fire Wall Rules:VSI is responsible for configuring and maintaining the firewall rules for the hosting servers and will notify the Park District of any changes that would impact the Park District’s access to the application database. The Park District is responsible for configuring and maintaining firewall rules for all Park District locations.
* Failover to warm Disaster Recovery site is controlled manually by VSI staff. Since each data center has localized redundancies built-in, a catastrophic event would need to occur before failover would be initiated. Alternate URL's for RecTrac/WebTrac will be provided to customers in case a Disaster Recovery event occurs.
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SCHEDULE B VERMONT SYSTEMS CLOUD COMPUTING SERVICES
7. Periodic Hosting Servers Maintenance:VSI will provide the Park District with advance notice when the hosting servers will be unavailable due to scheduled maintenance. VSI will coordinate with the Park District to minimize down time for scheduled maintenance.
8. VSI Hosting Servers Technical Support:If the source of a technical problem exists within the systems or technology under VSI management, no charge will apply. For example, a technical issue, such as, your hosting server becomes unreachable due to a network or hardware failure. This example is for reference purposes only and should not be misconstrued as the only issue that might arise over time.
9. ERI PayTrac License:The Park District must license one of the VSI certified ERI credit card interfaces to process office (Retail, MOTO) and online (ecommerce) payments and to ensure that credit card data is encrypted and secure. If pin debit card payments are to be accepted, then a VSI ERI pin debit card interface will be required for the same processor. If check payments are to be processed electronically, a VSI eCheck interface will also be required.
10.Hosting Penalties:There shall be no downtime penalty for scheduled operating system upgrades, scheduled Progress software updates, application software upgrades, DNS outages, and application database upgrades. Except for these scheduled downtimes, VSI expects over 99.7% uptime. Therefore, if the software applications are unavailable for Park District use for more than 26 hours of a total 8760 hours in a calendar year due to hosting services, VSI will credit the Park District with a prorated amount for any lost time exceeding 26 hours to the nearest 15 minutes.
Page 15 of 19
SCHEDULE CVSI HOSTING SERVICES
Item Description Silver Gold Platinum
1. Flat monthly fee (no transaction fees) based on Service Level and number of concurrent users. Yes Yes Yes
2.
No forced convenience fee passed on to patrons. VSI customer can elect to charge a convenience fee to the patron for WebTrac transactions, but this is a user-defined parameter.
Yes Yes Yes
3.
Servers managed by VSI in one of two secure data centers located in eastern and western regions of the United States. All server hardware and operating system maintenance is provided by trained VSI professionals.
Yes Yes Yes
4.
RecTrac Email Archiving tracks emails sent in report format to include address, recipent, subject, email body, and RecTrac user who sent the email, along with the list of BLOB attachments. Does not guarantee delivery or receipt.
Yes Yes Yes
5
Original Email Archiving Service provides all standard RecTrac email tracking listed in # 4 above, but also on request copies of original emails sent. Does not guarantee delivery or receipt. See VSI Hosting & Original Email Archiving Service price list for fees.
ChargeableNegotiated based on
volume and retention period of
3/5/7 years
ChargeableNegotiated based on
volume and retention period of
3/5/7 years
ChargeableNegotiated based on
volume and retention period of
3/5/7 years
6.
All VSI application upgrades will be performed by VSI. If these upgrades involve "planned" downtime, they will be coordinated with the customer to occur during off-peak hours. Any planned downtime for software upgrades will occur after 11:30 ET for the Eastern data center and 11:30pm MT for the Western data center.
Yes Yes Yes
7.
Test application upgrades performed prior to the live database upgrade so that a customer will have an accurate understanding of the planned downtime period needed to perform the upgrade.
Chargeable Chargeable Yes
8.
After Image (.AI) snapshot window in minutes. These snapshots reduce the potential data loss if a system failure takes place. A lower value equates to greater "insurance coverage". This coverage extends backwards 7 days from the current day.
180 120 60
Page 16 of 19
Item Description Silver Gold Platinum
9.
Daily Live Database Backups and nightly off-premise backups are performed by VSI on a rolling 7 day basis. In addition, VSI maintains a rolling quarter-end backup and a rolling annual backup for three years.
Yes Yes Yes
10. Toll Free phone support including WebEx diagnostic sessions. Yes Yes Yes
11. ODBC Connection for third party access to reporting database updated once every 24-hours to accommodate dashboards and custom reporting.
Chargeable Chargeable Yes
12. Redundant servers, power supplies, bandwidth in and out of the hosted servers, network connections, RAID 10 disk arrays, and SAN/NAS configuration.
Yes Yes Yes
13.
Progress OpenEdge Replication provides automatic, real-time database failover or disaster recovery at an alternate site with minimal or no disruption. Maintains data integrity between source and target databases.
Yes Yes Yes
14.
Progress Transparent Data Encryption (TDE) provides the option to encrypt user-selected sensitive data fields to protect from unauthorized access, while data is in transit and at rest.
Yes Yes Yes
15. Monthly third party external PCI scan provided by Trustwave Yes Yes Yes
16. Automatic checks every "X" minutes to be sure WebTrac home page is accessible. 90 Min 60 Min 30 Min
17. Library of WebTrac Splash Pages available for loading into a customer's hosted database. Chargeable 50% Disc Yes
18. WebTrac Style Sheet and image changes required due to VSI upgrade changes will be updated by VSI. Yes Yes Yes
19.
Staff training using phone and WebEx when applicable. These hours can be used to train new staff; refresher sessions for existing staff; or to learn a new function in a VSI hosted application. Each training segment is a maximum of four hours and is limited to number of sessions listed.
Chargeable(StandardTraining
RateApplies)
OneSession
TwoSessions
20. Library of Membership Card, Gift Card, and Ticket templates available for loading into a customer's hosted database.
Yes Yes Yes
21. Maximum recovery time associated with any unplanned outage at Primary data center. 12 Hours 6 Hours 2 Hours
Page 17 of 19
Item Description Silver Gold Platinum
22.
Maximum recovery time associated with any unplanned outage that requires switching to a Secondary data center. This would only occur, if the Primary data center outage is expected to exceed 8 hours.
16 hours 10 hours 6 hours
23.
24/7 Pager Support related to hosting issues included at no additional charge. Hosting support ends at the RecTrac login screen. Then standard application software support services become effective, as soon as a user can login into RecTrac or other VSI application software.
Yes Yes Yes
24. LIVE to DEMO database copies performed by VSI during off-peak hours every Tuesday and Thursday. Yes Yes Yes
25.
Standard WebTrac includes 25 Agents for processing both staff and patron service requests, and each Agent can service approximately 20 simultaneous requests per second. Additional Agents included listed in columns at right, and more can be licensed or rented, if needed.
0 0 25(Total 50)
Page 18 of 19
SCHEDULE DPOS AND MEMBERSHIP EQUIPMENT
Existing POS and Membership Equipment
Indiana Cash Drawers attached to Epson TM88 receipt printersAPG 4000 series cash drawers attached to Epson TM88 receipt printersIDTECH IDMB-334133B credit card readersMicrosoft Lifecam digital camerasMetrologic MS7120 scannersMetrologic MS7625 access control scanners (pending testing at VSI)Zebra P330i card printersZebra ZXP series card printersZebra P310i card printers
POS and Membership Equipment Provided by VSI11 7000 P1 Controller, TCP/IP Relay, POE/AC (H-ACC-IB-01)11 Serial Null-Modem Gender Change 9-Pin, Male/Male 10’
(H-ACC-IB-01-NULD)11 Serial Null-Modem Gender Change 9-Pin, Male/Male
(H-ACC-IB-01-NULT)11 Enclosure for 7000 P1&P2 Reader Interface Board
(H-ACC-IB-01-ENC)
Page 19 of 19
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Diana Erickson, Director of Finance & Administration
RE: Resolution Approving Tax-exempt Bond Record-Keeping Policy
RECOMMENDATION: Adopt Resolution approving a Tax-exempt Bond Record-Keeping Policy.
BACKGROUND: The Fox Valley Park District has issued two tax-exempt bond issues, otherwise known as “build America bonds”. The passage of this Resolution complies with all necessary regulations for obtaining these types of bond issues.
REASON FOR BOARD REQUIRED ACTION: Board acceptance is required for all Resolutions.
REVIEW BY OTHERS: Chapman and Cutler LLP.
FINANCIAL IMPACT: There is no financial impact.
PRESENTER: Diana Erickson, Director of Finance & Administration
RESOLUTION Approving a Tax-exempt Bond Record-Keeping Policy for the Fox Valley Park District, Kane, DuPage, Kendall and Will Counties, Illinois.
* * *
WHEREAS, the Fox Valley Park District, Kane, DuPage, Kendall and Will Counties,
Illinois (the “District”), has issued bonds or other obligations (each an “Obligation” and
collectively, the “Obligations” for certain of which the interest thereon is not includable in
“gross income” for federal income tax purposes (the “Tax-Exempt Obligations”) and certain of
which qualify as “build America bonds” under federal tax law (the “Build America Bonds”); and
WHEREAS, pursuant to the proceedings and agreements under which the Obligations were
issued, the District has covenanted generally to take all action necessary to preserve the tax
exemption of the interest paid on the Tax-Exempt Obligations and has covenanted generally to
take all action necessary to preserve the qualification of the Build America Bonds as “build
America bonds”; and
WHEREAS, it is necessary and in the best interest of the District to maintain sufficient
records to demonstrate compliance with such covenants and to adopt policies with respect
thereto:
NOW, THEREFORE, Be It and It Is Hereby Resolved by the Board of Trustees of the Fox
Valley Park District, Kane, DuPage, Kendall and Will Counties, Illinois, as follows:
Section 1. Incorporation of Preambles. The Board of Trustees of the District (the
“Board”) hereby finds that all of the recitals contained in the preambles to this Resolution are
full, true and correct and does incorporate them into this Resolution by this reference.
Section 2. Compliance Officer Is Responsible for Records. The _Director of Finance
and Administration of the District (known, for purposes of this Resolution only, as the
“Compliance Officer”) is hereby designated as the keeper of all records of the District with
respect to the Obligations, and such officer shall report to the Board at least annually that he/she
has all of the required records in his/her possession, or is taking appropriate action to obtain or
recover such records.
Section 3. Closing Transcripts. For each issue of Obligations, the Compliance Officer
shall receive, and shall keep and maintain, a true, correct and complete counterpart of each and
every document and agreement delivered in connection with the issuance of the Obligations,
including without limitation (a) the proceedings of the District authorizing the Obligations,
(b) any offering document with respect to the offer and sale of the Obligations, (c) any legal
opinions with respect to the Obligations delivered by any lawyers, and (d) all written
representations of any person delivered in connection with the issuance and initial sale of the
Obligations.
Section 4. Arbitrage Rebate Liability. The Compliance Officer shall review the
agreements of the District with respect to the Obligations and shall prepare a report for the Board
stating whether or not the District has any rebate liability to the U.S. Treasury, and setting forth
any applicable exemptions that the Obligations may have from rebate liability. Such report shall
be updated annually and delivered to the Board.
Section 5. Recommended Records. The Compliance Officer shall review the records
related to the Obligations and shall determine what requirements the District must meet in order
to maintain the tax-exemption of interest paid on the Tax-Exempt Obligations and the
qualification of the Build America Bonds as “build America bonds”. The Compliance Officer
shall then prepare a list of the contracts, requisitions, invoices, receipts and other information that
may be needed in order to establish that the interest paid on the Tax-Exempt Obligations is
entitled to be excluded from “gross income” for federal income tax purposes and the Build
America Bonds qualify as “build America bonds”. Notwithstanding any other policy of the
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District, such retained records shall be kept for as long as the Obligations relating to such records
(and any obligations issued to refund the Obligations) are outstanding, plus three years, and shall
at least include:
(a) complete copies of the bond transcripts delivered when any issue of Obligations is initially issued and sold;
(b) copies of account statements showing the disbursements of all bond proceeds for their intended purposes;
(c) copies of account statements showing all investment activity of any and all accounts in which the proceeds of any issue of Obligations has been held;
(d) copies of all bid requests and bid responses used in the acquisition of any special investments used for the proceeds of any tax-exempt or build America bond obligations, including any swaps, swaptions, or other financial derivatives entered into with respect to any tax-exempt obligations or build America bonds in order to establish that such instruments were purchased at fair market value;
(e) copies of any subscriptions to the U.S. Treasury for the purchase of State and Local Government Series (SLGS) obligations;
(f) any calculations of liability for arbitrage rebate that is or may become due with respect to any issue of tax-exempt obligations or build America bonds, and any calculations prepared to show that no arbitrage rebate is due, together, if applicable, with account statements or cancelled checks showing the payment of any rebate amounts to the U.S. Treasury together with any applicable IRS Form 8038-T; and
(g) copies of all contracts of the District, including any leases, with respect to the use of any property owned by the District and acquired or financed with the proceeds of tax-exempt obligations or build America bonds, any part of which property is used by a private person at any time when such bonds are or have been outstanding.
Section 6. IRS Examination. In the event the Internal Revenue Service (“IRS”)
commences an examination of any Obligations, the Compliance Officer shall inform the Board
of such event, and is authorized to respond to inquiries of the IRS, and to hire outside,
independent professional counsel to assist in the response to the examination.
Section 7. Severability. If any section, paragraph or provision of this Resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
-3-
section, paragraph or provision shall not affect any of the remaining provisions of this
Resolution.
Section 8. Repeal. All resolutions or parts thereof in conflict herewith be and the same
are hereby repealed and this Resolution shall be in full force and effect forthwith upon its
adoption.
Adopted _______________, 2015.
_______________________________President, Board of Trustees
Attest:
____________________________________Secretary, Board of Trustees
-4-
RESOLUTION OF THE BOARD OF TRUSTEESFOX VALLEY PARK DISTRICT
TO RELEASE CLOSED SESSION MINUTES AND DESTROY AUDIO RECORDINGS OF CLOSED SESSION MINUTES
WHEREAS, the Fox Valley Park District Board of Trustees, (Board), has met from time
to time in closed session for purposes authorized by the Illinois Open Meetings Act (5 ILCS
120/1.02 et seq); and
WHEREAS, the Open Meetings Act requires a semi-annual review by the public body of
all closed session minutes (5 ILCS 120/2.06(c)); and
WHEREAS, the Open Meetings Act allows for the destruction of verbatim records no
less than 18 months after the completion of the recorded meeting provided the minutes of such
meeting are fully released to the public; and
WHEREAS, pursuant to the requirements of the Open Meetings Act, (5 ILCS 120/2.06
et seq), the Board met to review minutes of all closed session meetings for the period January
2015 through June 2015 to make a determination and report in open session that (1) the need for
confidentially still exists as to all or part of those minutes; or (2) that the minutes or portions
thereof no longer require confidentiality and should be made available for public inspection; and
WHEREAS, the Board has determined that the schedule of minutes of closed session
meetings attached hereto as Exhibit “A” no longer require confidential treatment, in whole or in
part and should be made available for public inspection; and
WHEREAS, the Board has determined that the schedule of minutes of closed session
meetings attached hereto as Exhibit “B” still require confidential treatment in whole or in part
and should be redacted for confidential information, pursuant to Section 2.06 of the Open
Meetings Act; and
WHEREAS, the Board has determined that minutes of closed session meetings attached
as Exhibit “C” have been approved and fully released and the verbatim record can be destroyed,
NOW, THEREFORE, BE IT RESOLVED BY THE FOX VALLEY PARK
DISTRICT BOARD OF TRUSTEES, KANE, DUPAGE, WILL AND KENDALL
COUNTIES, ILLINOIS:
SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by
reference.
SECTION 2: The closed session minutes set forth on Exhibit “A” attached hereto are
hereby released for public inspection.
SECTION 3: The closed session minutes set forth on Exhibit “B” still require
confidential treatment in whole or in part and should be redacted for confidential information.
SECTION 4: The verbatim recorded minutes of closed session meetings set forth on
Exhibit “C” have been approved and fully released and can be destroyed.
DATED: _____________________, 20____
BOARD OF TRUSTEES OF THE FOX VALLEY
PARK DISTRICT
By: ______________________________________
Secretary, Board of Trustees
EXHIBIT “A”
SCHEDULE OF CLOSED SESSION MINUTES TO BE RELEASED IN FULL FOR THE SIX MONTH PERIOD JANUARY 2015 – JUNE 2015
No closed session minutes to be released in full.
EXHIBIT “B”
SCHEDULE OF CLOSED SESSION MINUTES STILL REQUIRING CONFIDENTIAL TREATMENT IN WHOLE OR IN PART AS OF JUNE 2015
February 2013 June 2013 July 2013 August 2013 December 2013 January 2014 May 2014 July 2014 August 2014 September 2014 November 2014 December 2014 February 2015 April 2015 May 2015 June 2015
EXHIBIT “C”
VERBATIM RECORD OF CLOSED SESSION WITH PREVIOUSLY APPROVED AND FULLY RELEASED MINUTES, AND NOT LESS THAN 18 MONTHS OLD THAT CAN BE DESTROYED
AS OF JUNE 2015
No verbatim recordings to be destroyed.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Diana Erickson, Director of Finance & Administration
RE: Comprehensive Annual Financial Report
RECOMMENDATION: Request Board acceptance of the Comprehensive Annual Financial Report for the Fox Valley Park District fiscal year ending April 30, 2015.
BACKGROUND: The Fox Valley Park District is required to have a completed fiscal year-end financial report. This document is the result of a detailed and extensive audit conducted by Sikich LLP. The final accepted financial report is required to be sent other governmental agencies including all bonding agencies, our four counties and the State of Illinois.
REASON FOR BOARD REQUIRED ACTION: Board acceptance is required for the Comprehensive Annual Financial Report.
REVIEW BY OTHERS: Executive Director and Superintendent of Finance
FINANCIAL IMPACT: No financial impact
PRESENTER: Diana Erickson, Director of Finance & Administration
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS
COMPREHENSIVE ANNUAL
FINANCIAL REPORT
For the Year Ended April 30, 2015
Prepared by:
Nancy McCaul Executive Director
Diana Erickson
Director of Finance and Administration
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS TABLE OF CONTENTS
Page(s)
INTRODUCTORY SECTION List of Principal Officials .............................................................................................. i Organizational Chart ..................................................................................................... ii Certificate of Achievement for Excellence in Financial Reporting .............................. iii Transmittal Letter .......................................................................................................... iv-vii
FINANCIAL SECTION INDEPENDENT AUDITOR’S REPORT .................................................................... 1-2 GENERAL PURPOSE EXTERNAL FINANCIAL STATEMENTS Management’s Discussion and Analysis .................................................................. MD&A 1-8 Basic Financial Statements Government-Wide Financial Statements Statement of Net Position ............................................................................... 3-4 Statement of Activities ................................................................................... 5 Fund Financial Statements Governmental Funds Balance Sheet ............................................................................................. 6-7 Reconciliation of Fund Balances of Governmental Funds to the Governmental Activities in the Statement of Net Position ................ 8 Statement of Revenues, Expenditures and Changes in Fund Balances ..... 9-10 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances to the Governmental Activities in the Statement of Activities .................................................. 11
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS TABLE OF CONTENTS (Continued)
Page(s)
FINANCIAL SECTION (Continued) GENERAL PURPOSE EXTERNAL FINANCIAL STATEMENTS (Continued) Basic Financial Statements (Continued) Fund Financial Statements (Continued) Proprietary Fund Statement of Net Position .......................................................................... 12 Statement of Revenues, Expenses and Changes in Net Position ............... 13 Statement of Cash Flows ........................................................................... 14 Notes to Financial Statements ............................................................................. 15-41 Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual General Fund .................................................................................................. 42 Playground and Recreation Fund .................................................................... 43 Schedule of Employer Contributions Illinois Municipal Retirement Fund ............................................................... 44 Other Postemployment Benefit Plan .............................................................. 45 Schedule of Funding Progress Illinois Municipal Retirement Fund ............................................................... 46 Other Postemployment Benefit Plan .............................................................. 47 Notes to Required Supplementary Information ................................................... 48 COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES MAJOR GOVERNMENTAL FUNDS Schedule of Detailed Expenditures - Budget and Actual General Fund .................................................................................................. 49 Combining Balance Sheet - Playground and Recreation Fund by Subfund ........ 50
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS TABLE OF CONTENTS (Continued)
Page(s)
FINANCIAL SECTION (Continued) COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES (Continued) MAJOR GOVERNMENTAL FUNDS (Continued) Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Playground and Recreation Fund by Subfund ................................................ 51-52 Schedule of Detailed Expenditures - Budget and Actual Playground and Recreation Fund by Subfund ................................................ 53-54 Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Debt Service Fund .......................................................................................... 55 NONMAJOR GOVERNMENTAL FUNDS Combining Balance Sheet ................................................................................... 56-58 Combining Statement of Revenues, Expenditures and Changes in Fund Balances .......................................................................... 59-61 Combining Schedule of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Nonmajor Special Revenue Funds ................................................................. 62-67 Schedule of Detailed Expenditures - Budget and Actual Museum Fund ................................................................................................. 68 Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Land Cash Development Fund ....................................................................... 69 Golf Course Proceeds Fund ............................................................................ 70 Equipment and Vehicle Replacement Fund ................................................... 71 Land Acquisition Fund ................................................................................... 72 Bond Referendum Fund .................................................................................. 73 Facility Improvement and Replacement Fund ................................................ 74 2010 GO Bonds Fund ..................................................................................... 75 INTERNAL SERVICE FUND Combining Schedule of Net Position - By Subfund ............................................ 76 Combining Schedule of Revenues, Expenses and Changes in Net Position - By Subfund .............................................................. 77
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS TABLE OF CONTENTS (Continued)
Page(s)
FINANCIAL SECTION (Continued) COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES (Continued) LONG-TERM DEBT PAYABLE BY GOVERNMENTAL FUNDS Schedule of General Long-Term Debt ................................................................ 78 OTHER SUPPLEMENTAL INFORMATION Schedule of Department of Natural Resources Assistance ................................. 79
STATISTICAL SECTION Financial Trends Net Position ............................................................................................................... 80-81 Change in Net Position.............................................................................................. 82-83 Fund Balances of Governmental Funds .................................................................... 84-85 Changes in Fund Balances of Governmental Funds ................................................. 86-87 Revenue Capacity Assessed Value and Estimated Actual Value of Taxable Property ........................... 88 Principal Property Taxpayers .................................................................................... 89 Property Tax Rates - Direct and Overlapping Governments .................................... 90 Property Assessment and Tax Information ............................................................... 91-92 Property Tax Levies and Collections ........................................................................ 93 Debt Capacity Ratios of Outstanding Debt by Type ......................................................................... 94 Ratios of General Bonded Debt Outstanding ............................................................ 95 Detailed Overlapping Bonded Debt .......................................................................... 96 Legal Debt Margin Information ................................................................................ 97-98 Demographic and Economic Information Demographic and Economic Information ................................................................. 99 Principal Employers .................................................................................................. 100 Employees by Function ............................................................................................. 101 Operating Information Operating Indicators .................................................................................................. 102 Capital Asset Statistics .............................................................................................. 103
INTRODUCTORY SECTION
- i -
Fox Valley Park District Aurora, Illinois
List of Principal Officials
April 30, 2015
Board of Trustees
President Gloria Bunce Vice President Robert Vaughan Secretary Cynthia Penne Treasurer Rachel Ossyra Trustee Theodia Gillespie Trustee Alex Alexandrou Trustee Carl Franco
Administration Executive Director Nancy McCaul, CPRP Director of Finance and Administration Diana Erickson, CPRP Director of Parks and Facility Maintenance Mike Erickson Director of Recreation and Communications Laurie Hoffman Chief of Park Police and Public Safety Mark Johnson, CPRP Director of Planning, Development Jeff Palmquist, CPRP and Grants Executive Assistant & Assistant Board Secretary Arlene Kallien Legal Counsel Patrick M. Kinnally Gerald K. Hodge
v
The District is governed by a seven-member Board of Trustees. The County Board Chairmen appoint the Board in the counties that have a proportionate share of the population in the District. Currently, the Kane County Board Chairman appoints six members, and the DuPage County Board Chairman appoints one member. The Executive Director, Attorney and Auditors are appointed by the Board of Trustees. Day-to-day administration of the District is the responsibility of the Executive Director. The District employs 96 full-time staff and 786 part-time and seasonal employees and contracts for many programs, services and concessions. The District owns 165 park sites covering 2,408 acres. In addition, the District leases approximately 30 acres. Facilities include three recreation/community centers, a nature center, a living history museum/theme park, two outdoor swimming facilities with seven water slides, an 18-hole golf facility with pro shop and restaurant, a nine-court indoor tennis facility with a pro shop, 27 outdoor tennis courts, three fitness centers, one indoor running track, three skate parks, three dog parks, one horticulture center, three maintenance service centers and an administration office building. The District also owns and maintains 48 miles of regional trails used for bird watching, bicycling, hiking and jogging as well as numerous playgrounds, basketball courts and athletic fields used for baseball, softball, football and soccer. Within these facilities, District staff offers more than 4,664 recreation programs to its residents and other guests with approximately 40,715 participating in these programs this year. The District is considered to be a primary government since it is legally separate and fiscally independent as a taxing body. In addition to the primary government, the District’s financial statements include the Fox Valley Aquatic Center which is reported as a blended special revenue fund of the District since it is not a separate legal entity. In addition, the Fox Valley Park Foundation, a separate legal entity, is reported as a discretely presented component unit due to its relationship with the District. The District participates with six other park districts in an organization known as the Fox Valley Special Recreation Association (FVSRA). FVSRA is governed by a board appointed equally by the seven Districts. The District levies property taxes in the Special Recreation Fund to provide for its share of the cost of the operations of FVSRA. FVSRA is considered to be a jointly governed organization of the seven Districts. The Board of Trustees is required to adopt a budget ordinance within or before the first quarter of each fiscal year. This annual budget serves as the foundation for the District’s financial planning and control. The level of budgetary control (that is, the level at which expenditures cannot legally exceed the appropriated amount) is established at the object level for the general fund and at the fund level for the special revenue, debt service and capital projects funds. All appropriations lapse at year-end.
The Accounting System The accounts of the Fox Valley Park District are organized on the basis of fund accounting in which each fund is considered a separate accounting entity. Resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and by which spending activities are controlled. Each fund is accounted
vi
for with as a separate set of self-balancing accounts that are comprised of assets, liabilities, fund balances, revenues, expenditures and deferred outflows and inflows of resources. The Park District’s accounting records are maintained under the modified accrual basis of accounting. This basis of accounting records revenues when measurable and available and expenditures are recognized when the liability is incurred.
Factors Affecting Economic Conditions The District has a population of 233,000 and continues to grow at a moderate pace. The City of Aurora is the second largest city in Illinois. As residential and business development has moved west from Chicago, Aurora has been a beneficiary. Geographic growth has paralleled the population and between 1980 and 2013 the land area of the City of Aurora has increased from 28 to 46 square miles. The City of Aurora is a diverse community and has increased its economic development in the last few years. Certainly, the most significant addition to their retail base has been the Chicago Premium Outlet Mall. This mall is expanding more than 50 stores to its already 120 store center and anticipated to hire more than 300 people. The downtown area has also undergone dramatic changes with the increase of commercial activity. The District’s population is projected to exceed 245,000 by the year 2020. Aurora has more than 30 retail centers and 16 major business parks and is maintaining a healthy business community. The greater Aurora area continues to experience economic expansion and development, especially along the Orchard and Randall Road corridors. The District is located in four counties, Kane, DuPage, Will and Kendall. The combined total of the equalized assessed valuation (EAV) for levy year 2013 received in fiscal year 2014/15 was $3,525,107,008. The percentage breakdown of EAV by county is as follows: Kane 52.89%, DuPage 36.78%, Will 5.87% and Kendall 4.46%.
Long-term Financial Planning The District uses many methods of developing a long-term financial plan including but not limited to the adoption of an annual budget. This process incorporates each and every department with a three year forecast in capital planning. In addition, the District uses a financial advisor to monitor current and future debt payments within the framework of estimated funding constraints and to consider refunding opportunities for cost savings purposes. The District’s bond rating remains at AA+ with Standard and Poor’s. In the last five years the District has forgone any capital bonds that would increase its debt service payments to the residents. This, along with a frozen tax levy for the last four years, has been an attempt to recognize the impact the recession and general economic downturn has had on our residents. The levy freeze and lack of additional capital funding through bond issuance has delayed many the District’s long term projects and replacement schedules.
vii
One additional area of concern for the next several years will be the impact that the Affordable Care Act will have on our employees and general concern over our fund balances. The last few years of high claims has put a drain on our once excess fund balances to our partially self-insured health insurance internal service funds. The enrollment year change to January will begin a new initiative to meet the requirements which will protect the District from the Federal Governments penalties on the “Cadillac” tax.
Financial Policies The District regularly reviews specific policies to guide its financial operations. The District makes modifications to policies as appropriate to insure that the District is compliant with all Governmental Accounting Standards Board pronouncement changes and to ensure we are following the best management practices.
Fiscal Year Accomplishments
In conjunction with the budgeting process, the District incorporates its Strategic Plan to provide a vision for future goals which include our capital projects. The capital projects for this year include completion of Stuart Sports Complex and Blackberry Farm renovation, Red Oak Nature Center improvement project, Austin Park, Lippold Park and Jericho Park just to name a few. The Recreation area has developed a task force to research trends in fitness programing and formed focus groups for programing trends in youth athletic leagues, wellness, camp and nature swim and active adult population programming. Copley Boxing Club, which opened fall of 2014, now has 359 registered members and many program options. Our Outreach initiative enhances the community through interactive programing. We offer volunteer opportunities, water safety programs, free summer camps, athletic programs and scholarships for reduction in programs. Many of these programs are a collaborative event with the local school districts.
Awards and Acknowledgments
The Government Finance Officers Association (GFOA) again awarded a Certificate of Achievement for Excellence in Financial Reporting to the Fox Valley Park District for its Comprehensive Annual Financial Report for the fiscal year ended April 30, 2014. This was the seventeenth consecutive year for receiving this award. In order to be awarded a Certificate of Achievement, the District published an easily readable and efficiently organized Comprehensive Annual Financial Report. This report satisfied both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our
FINANCIAL SECTION
GENERAL PURPOSE EXTERNAL FINANCIAL STATEMENTS
MD&A 1
FOX VALLEY PARK DISTRICT
AURORA, NORTH AURORA, AND MONTGOMERY, ILLINOIS
MANAGEMENT’S DISCUSSION AND ANALYSIS
The management of the Fox Valley Park District (the “District”) offers the readers of our financial statements the following narrative discussion and analysis of our financial activities for the fiscal year ended April 30, 2015. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal. Using the Financial Section of the Comprehensive Annual Report The Fox Valley Park District presents its financial statements, in accordance with the generally accepted accounting principles, in two perspectives of its financial position and results of operations. The government-wide financial statements incorporate the entire District’s governmental activities and give the reader information representing the government as a whole, as well as its non-fiduciary component units. The fund perspective presentation bases financial statement information on individual accounting of major and minor funds. This focus is to provide a broad base for comparison from year to year. Both perspectives allow the users of the financial statements to address relevant questions. Additionally, this reporting broadens the basis for comparison (i.e., comparing different years, governments, etc.) and enhances the District’s accountability. Government-Wide Financial Statements The government-wide financial statements are designed to provide readers with a broad overview of the District’s finances in a manner similar to private-sector business. The government-wide financial statements include the Statement of Net Position and the Statement of Activities. The Statement of Net Position presents information on the assets, deferred outflows of resources, liabilities and deferred inflows of resources with the aggregate difference reported as net positions. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. The Statement of Activities presents information showing how the District’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as an event giving rise to the change occurs, regardless of the timing of cash flows. It is focused on both the gross and net cost of various programs and activities, which are supported by the District’s general taxes and other sources. This is intended to simplify and summarize the user’s ability to analyze the cost of the District’s governmental activities. Both of the government-wide financial statements distinguish functions that are principally supports by governmental activities from other functions. The government-wide financial statements of net position can be found on pages 3–4 of this report.
MD&A 2
Fund Financial Statements A fund is a compilation of related, self-balancing accounts used to maintain control over specific resources. The District uses funds to ensure compliance with all legal finance related requirements. Governmental Funds. Governmental funds are used to account for essentially the functions reported as governmental activities in the government-wide financial statements. The focus of governmental funds is narrower than that of the government-wide statements. The governmental funds statement area of focus is on the near-term and outflow of spendable resources. This presentation is designed to show the sources and uses of liquid resources. This is the manner in which the budget is typically developed. Governmental funds provide a current resources (short-term) view, which helps to determine whether there are more or fewer current financial resources available to spend for District operations. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the District’s near-term financing decisions. Both the governmental funds Balance Sheet and the governmental funds Statement of Revenues, Expenditures and Changes in Fund Balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The District maintains 19 individual governmental funds. The General, Playground/Recreation and Debt Service funds are all considered to be “major” funds. Data from the other 16 governmental funds are combined into a single, aggregate presentation. Individual fund data for each of these non-major governmental funds is provided in the form of combining statements elsewhere in this report. The basic governmental fund financial statements can be found on pages 6–11 of this report. Proprietary Fund. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. Proprietary funds account for services that are generally fully supported by user fees charged to customers. Proprietary funds are presented on a total economic resources basis. Proprietary fund statements, like government-wide statements, provide both short and long-term financial information. The District maintains one proprietary fund, an internal service fund. The District uses the internal service fund to account for the costs of health insurance and other employee and retiree benefits. Because the District’s costs for these items relate primarily to governmental functions, they have been included within governmental activities in the government-wide financial statements. The basic proprietary fund financial statements can be found on pages 12–14 of this report.
MD&A 3
Notes to the Financial Statements The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to the financial statements can be found on pages 15–41 of this report. Other Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the District’s progress in funding its obligation to provide benefits to employees. Required supplementary information can be found on pages 42-48 of this report. The combining and individual fund financial statements and schedules of the non-major governmental funds (referred to above) are presented on pages 56-77 of this report. Statement of Net Position: The District’s net position as of April 30, 2015, was $122,494,431, which represents an increase of $3,252,991 over the prior year. The following schedule presents the condensed comparative Statement of Net Position as of April 30, 2015 and April 30, 2014:
Statement of Net Position
April 30, 2015 April 30, 2014 Assets Current Assets $ 55,921,694 $ 57,033,053 Capital Assets 141,377,138 144,455,947 Deferred Outflows of Resources
150,650 225,975
Total Assets 197,449,482 201,714,975 Liabilities Current Liabilities 3,405,624 3,860,199 Long-Term Liabilities 49,601,589 56,765,882 Deferred Inflows of Resources 21,947,838 21,847,454 Total Liabilities 74,955,051 82,473,535 Net Position Invested in Capital Assets 93,544,648 91,193,738 Restricted 2,150,939 1,981,033 Unrestricted 26,798,844 26,066,669 Total Net Position $ 122,494,431 $ 119,241,440
The District’s net position increased by $3,252,991 from fiscal year 2014; the major reason for this increase is due to the reduction of long term bond debt. The District has not had a debt issue since 2010. The major components of Current Assets are Investments and Property Taxes Receivable. The District’s current assets of $55,921,694 have decreased by $1,111,359 from last year primarily due to the use of funds for capital development. The Deferred Inflow of
MD&A 4
Resources amounted to $21,947,838, which represents the amount of taxes that were levied during the year but were not due before the end of the fiscal year nor intended to finance the current fiscal year. This amount has remained constant as the requested tax amount has been frozen for the last four years due to the District’s decision to ease the tax levy costs to the property homeowners during this long economic downturn. Capital Assets consisting of $65,071,983 in non-depreciable assets (land and construction in progress) have increased slightly from last year by $495,760 due to completed capital projects. The depreciable assets (land improvements, buildings, and machinery and equipment) of $76,305,155 are net of accumulated depreciation which has decreased from last year by $3,574,569 as the District completes capital projects and improvements and our current assets are on a depreciation schedule. The District’s Restricted Net Position is primarily for park development and other capital projects as well as for debt service (see note disclosure 6 pages 26-30 of the Notes to Financial Statements) and other employee benefits (see note disclosure 9 page 32 of the Notes to Financial Statements). Statement of Activities: The following schedule presents a comparative summary of revenues, expenses and change in net position for the years ended April 30, 2015 and April 30, 2014:
Statement of Activities
Revenues April 30, 2015 April 30, 2014 Program Revenues Charges for Services $10,554,937 $10,388,598 Operating Grants 895,008 806,033 Capital Grants 336,872 2,122,209 General Revenues Taxes Intergovernmental
22,550,431 150,754
22,857,826 150,754
Investment Income 77,538 79,770 Other Revenues 186,248 107,709
Total Revenues
34,751,788
36,512,899
Expenses General Government 6,020,660 6,318,675 Parks and Recreation 23,377,980 23,687,227 Interest 2,100,157 2,306,492
Total Expenses 31,498,797 32,312,991
Change in Net Position 3,252,991 4,200,505
Beginning Net Position 119,241,440 115,040,935
Ending Net Position $ 122,494,431 $ 119,241,440
MD&A 5
Revenues: The following chart shows the major sources of operating revenue for the year ended April 30, 2015: 2014-2015 Governmental Fund Activities – Revenues by Sources
For the fiscal year ending April 30, 2015, revenues totaled $34,751,788. The District’s largest sources of revenue came from Property Taxes and Charges for Services, which combined accounted for $33,105,368 or 95.3% of the District’s total revenue. Total revenues decreased by $1,761,111 or 5% primarily due to the decrease in capital grants. The District has grant agreements approved by the State of Illinois for PARC and OSLAD, due to State of Illinois budgetary issues we are not anticipating any grant money in the next year. Charges for Services increased slightly at 1.6% over 2014. The two major revenue components in the Playground and Recreation Fund Charges for Services revenue category include memberships and programs. Membership revenue increased slightly over 2014 by $142,433 and program revenue increased by $107,715 over the prior year. The charges for services account for 30.4% of the total revenue in the above chart. Also contributing to this category are fees generated from the District’s two outdoor aquatics facilities, Blackberry Farm and Red Oak Nature Center. Blackberry Farm’s non-tax revenues have increased by 21.1% over last year and 51.9% since the completion to the renovations in 2013. Operating grants have increase slightly over last year, intergovernmental revenue has remained flat and investment income has decreased slightly with the use of funds for capital projects.
30.37%
2.58%
0.97%
64.89%
0.43% 0.22%
0.54%
Charges for Services Operating GrantsCapital Grants TaxesIntergovernmental InvestmentMiscellaneous
MD&A 6
Expenses: The following chart shows the major sources of expenses for the year ended April 30, 2015:
2014-15 Governmental Activities Expenses by Function
For the fiscal year ending April 30, 2015, total expenses were $31,498,797 which is an $814,194 decrease from last year. A view of the District overall includes salary costs which comprise 26.5% of the total expenses for the year at $8.3 million which is 5% under budget (mainly due to attrition) and 2.6% over last year. Over 27% of the salary costs are off-set by the program and membership revenues. Professional Services expense includes $467,067 (which is offset by revenue) due to an intergovernmental agreement that the District entered into to be a pass through grantor for the Communities in Schools 21st Century Learning Center five year grant. Maintenance and repairs have increased over last year by 9% as our buildings and other assets age requiring more attention. The largest component of expenses in the Recreation function includes all expenses (i.e., payroll, materials and supplies, contractual services, etc.) related to the programming of our many activities and events. The expansion of Stuart Sports Complex has resulted in an increase in salaries, maintenance/supplies and capital expenses. In addition, the capital expenses in the Recreation fund had an increase of 86.6% over last year as funds for capital projects are being expensed from these funds due to a lack of bond issues for capital.
19.11%
74.22%
6.67%
General Government Recreation Interest
MD&A 7
Also included is the facility operation and maintenance expenses related to our three community centers, two outdoor aquatics parks, Blackberry Farm and Red Oak Nature Center. As our community centers age the cost of operations and maintenance are increasing. The Red Oak Nature center has been undergoing significant improvements for the first time since the initial remodeling some 30 years ago. The General Government expense includes all expenses related to the maintenance of our 165 parks as well as all administrative expenses. Increased costs in this category include expenses related to contracted services for removal of trees, natural area maintenance and refuse removal. Other expenses include facility maintenance and repairs and land improvements primarily for the North Aurora State Street project. Significant Individual Major Funds The District reports three major individual funds during the fiscal year as follows: General Fund, Playground and Recreation Fund and Debt Service Fund. The General Fund experienced a slight increase in fund balance over the prior year in the amount of $522,923. In this category the District reallocated property taxes to increase disbursements primarily for partial abatement of debt service and an overall increase all other revenues associated with this fund which off-set the increase in expenses for the year. The Playground and Recreation Fund experienced an increase of $724,052 in fund balance over last year. This fund had a reduction in Property Tax revenue of $568,176. The increase in fund balance is primarily attributed to a slight increase in Charges for Services and a reduction in transfers out to other funds. The Playground and Recreation Fund experienced its tenth year of operation of the District’s newest community center, the Vaughan Athletic Center. The operation of this facility is financially self-sufficient. Beginning January 1, 2010, the District entered into a license agreement with the Billy Casper Golf Management Company (BCG) to manage the Orchard Valley Golf Course pro shop, restaurant and maintenance operations. The District is guaranteed a base license fee of $226,667 annually plus a percentage of golf and other revenues over a set threshold which generates a net income to cover operating expenses. This year, due to low revenues there was no revenue share due to the District. Additionally, BCG is required to make payments to a dedicated capital fund for improvements and equipment for the golf course. As a result of this agreement, the Orchard Valley Golf Course Fund has now been reported as a sub-fund of the Recreation Fund. Capital Assets During the year, the district added about 3 acres of purchased property representing multiple parks and open space sites. Last year the District had nearly $11M in land improvements completed of which $8.3M was for the Stuart Sports Complex expansion and renovation, as opposed to this year there were only $532,286 in land improvements as the 2008 Referendum fund balance and projects wind down. Projects included in this year were the completion of Lippold Park, South River Street Park and the Red Oak Nature Center improvement projects. Other projects include the Austin Park playground and the continued Jericho Lake project.
MD&A 8
For more detailed information on capital assets, see Note 5 to the Financial Statements. Long-Term Debt As of April 30, 2015, the District had a total of $49,601,589 in debt outstanding. Of this amount, $48,035,000 is in the form of general obligation bonds and $729,850 is related to the long-term financing agreement with the City of Aurora for the construction of the aquatics facilities. Also included in this year is the long-term debt of $360,375 related to Compensated Absences and $133,480 in Capital Leases for equipment at Orchard Valley Golf Course. For more detailed information on long-term debt, see Note 6 of the Financial Statements. Economic Factors The District is located in four counties, Kane, DuPage, Kendall and Will. While the national and local economies have started to strengthen over the last years. The District has experienced a slight decline in the property tax base value of Kane County, the largest county, and an increase in the second largest DuPage County. The percentage breakdown of EAV by county is as follows: Kane 52.89%, DuPage 36.78%, Will 5.87% and Kendall 4.46%. According to the City of Aurora and the United States Bureau of the Census found that 85.6% of residential properties in the city limits had a value of $100,000 or more. The median home value in Aurora is $181,500 which has remained steady in the last two years. With the 2010 Census results, the District has seen an increase in population growth in all three municipalities covered by the District boundaries: Aurora, North Aurora and Montgomery. Aurora in particular has experienced some major economic growth including the expansion of the Chicago Premium Outlets which is adding 50 more stores and expected to employee at least 300 additional people due to the expansion. Mariano’s Fresh Market which opened in the vacant Dominick’s store front employees 470 people. According to the American Community Survey from the City of Aurora, the estimated median annual income for aurora households is $62,493, which compares favorably with the State-wide figure of $56,797. Requests for Information This financial report is intended to provide our residents, investors, creditors and other interested parties with an overview of the finances of Fox Valley Park District and to demonstrate the District’s accountability for the financial resources it receives. Questions concerning any information contained in this report may be directed to the Director of Finance and Administration at 101 W. Illinois Ave., Aurora, Illinois 60506.
ComponentPrimary Unit
Government Fox Valley
ComponentPrimary Unit
Government Fox Valley
Net
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FUND BALANCES OF GOVERNMENTAL FUNDS 30,673,057$
Amounts reported for governmental activities in the statement of net position are different because:
Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds 141,377,138
Accrued interest on long-term liabilities is shown as a liability on the statement of net position (762,188)
Net postemployment benefit asset is shown as an asset on the statement of net position 341,409
Long-term liabilities are not due and payable in the current period and, therefore, are not reported in governmental funds
General obligation bonds (48,035,000) Unamortized premium on general obligation bonds (387,614) Unamortized discount on general obligation bonds 44,730 Unamortized loss on refunding 150,650 Intergovernmental agreements (729,850) Capital lease (133,480) Compensated absences (360,375)
The net position of the internal service funds are included in the governmental activities in the statement of net position 315,954
NET POSITION OF GOVERNMENTAL ACTIVITIES 122,494,431$
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NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS (735,329)$
Amounts reported for governmental activities in the statement of activities are different because:
Governmental funds report capital outlay as expenditures; however, they are capitalized and depreciated in the statement of activities 2,653,271
Depreciation on capital assets is reported as an expense in the statement of activities (5,711,727)
The loss on disposal of capital assets is shown as an expense on the statement of activities (20,353)
The change in certain liabilities are reported as expenses on the statement of activities
Compensated absences 5,450 Net other postemployment benefit obligation (asset) 39,609 Accrued interest 79,049
Certain costs associated with the issuances of bonds are deferred and amortized over the life of the bonds on the statement of activities
Amortization of premium on issuance 147,319 Amortization of discount on issuance (3,441) Amortization of loss on refunding (75,325)
The repayment of long-term debt is reported as an expenditure when due in governmental funds but as a reduction of principal outstanding in the statement of activities 7,014,965
The change in net position of certain activities of internal service funds is in governmental funds (140,497)
FOX VALLEY PARK DISTRICTAURORA, ILLINOIS
STATEMENT OF NET POSITIONPROPRIETARY FUND
April 30, 2015
GovernmentalActivitiesInternal
Service Funds
CURRENT ASSETSCash and cash equivalents 360,758$ Investments 53,696 Other receivables 76,813
Total current assets 491,267
CURRENT LIABILITIESAccounts payable 2,859 Claims payable 172,454
Total current liabilities 175,313
NET POSITIONUnrestricted 315,954
FOX VALLEY PARK DISTRICTAURORA, ILLINOIS
STATEMENT OF REVENUES, EXPENSES ANDCHANGES IN NET POSITION
PROPRIETARY FUND
For the Year Ended April 30, 2015
GovernmentalActivitiesInternal
Service Fund
OPERATING REVENUESPremiums
Employer contributions 1,941,617$ Employee and retiree contributions 278,155
Total operating revenues 2,219,772
OPERATING EXPENSES
Health and life insurance premiums 428,747 Claims incurred 2,064,117 Administrative services 67,424
Total operating expenses 2,560,288
OPERATING INCOME (LOSS) (340,516)
NON-OPERATING REVENUE
Investment income 19
Total non-operating revenue 19
INCOME (LOSS) BEFORE TRANSFERS (340,497)
TRANSFERS 200,000
CHANGE IN NET POSITION (140,497)
NET POSITION, MAY 1 456,451
NET POSITION, APRIL 30 $ 315,954
FOX VALLEY PARK DISTRICTAURORA, ILLINOIS
STATEMENT OF CASH FLOWSPROPRIETARY FUND
For the Year Ended April 30, 2015
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS
NOTES TO FINANCIAL STATEMENTS
April 30, 2015
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Fox Valley Park District (the District) have been prepared
in conformity with accounting principles generally accepted in the United States of America, as applied to government units (hereinafter referred to as generally accepted accounting principles (GAAP)). The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the District’s accounting policies are described below.
a. Reporting Entity The District is a body corporate and politic established under Illinois Compiled
Statutes (ILCS). The District is considered to be a primary government as defined by GASB Statement Nos. 14 and 61, since it is legally separate and fiscally independent. In addition to the primary government, these financial statements include the Family Aquatic Center Fund which is reported as a special revenue fund of the District since it is not a separate legal entity. The District has determined that the Fox Valley Park Foundation, Inc. meets the requirements of GASB Statement No. 39, Determining Whether Certain Organizations Are Component Units, an amendment of GASB Statement 14, which has resulted in the Fox Valley Park Foundation, Inc. (the Foundation) being reported as a discretely presented component unit of the District as it is legally separate from the District. Separate financial statements for the Family Aquatic Center Fund and the Foundation are available by contacting the Finance and Administrative Office of the Fox Valley Park District, 101 W. Illinois Avenue, Aurora, Illinois 60506.
The District participates with six other park districts in the organization known as
Fox Valley Special Recreation Association (FVSRA). FVSRA is governed by a board appointed by the seven districts. The District levies property taxes in the Special Recreation Fund to provide for its share of the cost of the operations of FVSRA and other eligible costs. FVSRA is considered to be a jointly governed organization of the seven districts. During the fiscal year ended April 30, 2015, the District contributed $694,143 to FVSRA.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) b. Fund Accounting The District uses funds to report on its financial position and the changes in its
financial position. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain governmental functions or activities. A fund is a separate accounting entity with a self-balancing set of accounts.
Funds are classified into the following categories: governmental, proprietary and
fiduciary. The District does not have any fiduciary funds. Governmental funds are used to account for all or most of a government’s general
activities including the collection and disbursement of restricted, committed or assigned monies (special revenue funds), the funds committed, restricted or assigned for the acquisition or construction of capital assets (capital projects funds) and the funds committed, restricted or assigned for the servicing of long-term debt (debt service funds). The general fund is used to account for all activities of the general government not accounted for in some other fund.
Proprietary funds are used to account for activities similar to those found in the
private sector, where the determination of net income is necessary or useful to sound financial administration. Goods or services from such activities can be provided either to outside parties (enterprise funds) or to other departments or agencies primarily within the District (internal service funds).
c. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the statement of net position and the
statement of activities) report information on all of the nonfiduciary activities of the District. The effect of material interfund activity, other than interfund service transactions, has been eliminated from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely to a significant extent on user fees and charges for support.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) c. Government-Wide and Fund Financial Statements (Continued) The statement of activities demonstrates the degree to which the direct expenses of a
given function, segment or program are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include (1) charges to customers or applicants who purchase, use or directly benefit from goods, services or privileges provided by a given function or segment and (2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Contributions of land by developers under land/cash ordinances are reported as contributions on the statement of activities.
Separate financial statements are provided for governmental funds and proprietary
funds. Major individual governmental funds are reported as separate columns in the fund financial statements.
The District reports the following major governmental funds: The General Fund is the general operating fund of the District. It is used to
account for all financial resources except those accounted for in another fund. The Playground and Recreation Fund is used to account for revenue and
expenditures restricted, committed or assigned to recreation programs and is funded by a restricted tax levy and user fees.
The Debt Service Fund (Bond and Interest Fund) is used to account for the
accumulation of resources restricted or assigned for and the payment of principal and interest on governmental activities long-term debt.
The District reports the following internal service fund: The Employee Benefits Fund consists of two subfunds. The Employee Benefits
subfund accounts for the District’s self-insured health plan for employees and other employee benefits, funded by charges to the various departments of the District. The Other Postemployment Benefits subfund accounts for the District’s retiree health insurance costs, funded by transfers from other funds of the District and retiree contributions.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) d. Measurement Focus, Basis of Accounting and Financial Statement Presentation The government-wide financial statements are reported using the economic resources
measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. With this measurement focus, all assets, deferred outflows, liabilities and deferred inflows associated with the operation of these activities/funds are included on the statement of net position. Revenues are recorded when earned and expenses are recorded when a liability is incurred. Property taxes are recognized as revenues in the year for which they are levied (i.e., intended to finance). Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Operating revenues and expenses are directly attributable to the operation of the proprietary funds. Non-operating revenue/expenses are incidental to the operations of these funds.
Governmental fund financial statements are reported using the current financial
resources measurement focus and the modified accrual basis of accounting. With this measurement focus, only current assets and current liabilities generally are included on the balance sheet. Operating statements of these funds present increases (i.e., revenues and other financing sources) and decreases (i.e., expenditures and other financing uses) in net current assets. Under the modified accrual basis of accounting, revenues are recognized when susceptible to accrual (i.e., when they become both measurable and available). “Measurable” means the amount of the transaction can be determined and “available” means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period (60 days). The District recognizes property taxes when they become both measurable and available in the year intended to finance. Expenditures are recorded when the related liability is incurred. Principal and interest on general long-term debt are recorded as expenditures become due.
Those revenues susceptible to accrual are property taxes, interest revenue and
charges for services. The District reports unearned/unavailable/deferred revenue on its financial
statements. Unearned/unavailable/deferred revenues arise when potential revenue does not meet both the measurable and available or earned criteria for recognition in the current period for governmental funds or available or earned at the entity-wide level. Unearned revenues also arise when resources are received by the government before it has legal claim to them as when grant monies are received prior to the incurrence of qualifying expenditures. In subsequent periods, when revenue recognition criteria are met, or when the government has a legal claim to the resources by meeting all eligibility requirements, the liability or deferred inflow is removed from the financial statements and revenue is recognized.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) e. Cash and Cash Equivalents For purposes of the statement of cash flows, the internal service fund considers all
highly liquid investments with a maturity of three months or less when purchased to be cash equivalents.
f. Investments The District’s investments are recorded at fair value, except for non-negotiable
certificates of deposits and investments with a maturity less than one year when purchased, which are reported at cost or amortized cost. Fair value is based on published market prices as of April 30, 2015.
g. Inventories Inventories consist of amounts available for resale and are accounted for using the
consumption method. Inventories are valued at cost on the first-in/first-out (FIFO) method.
h. Prepaid Expenses/Items Certain payments to vendors reflect costs applicable to future accounting periods,
and are recorded as prepaid expenses/items using the purchases method. Such amounts are offset by nonspendable fund balance in the fund financial statements.
i. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets
(e.g., bike trails, paths and similar items), are reported in the applicable governmental activities column in the government-wide financial statements. Capital assets are defined by the District as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of one year. Such assets are reported at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the asset or
materially extend asset lives are not capitalized.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) i. Capital Assets (Continued) Major outlays for capital assets and improvements are capitalized as projects are
constructed. Interest incurred during the construction phase of capital assets is not included as part of the capitalized value of the assets constructed. Property, plant and equipment is depreciated using the straight-line method over the following estimated useful lives:
Assets Years
Machinery and equipment 3-10 Land improvements 10-20 Buildings 10-30
j. Long-Term Obligations In the government-wide financial statements and the proprietary funds in the fund
financial statements, long-term debt and other long-term obligations are reported as liabilities in the applicable governmental activities or proprietary fund financial statements. Bond premiums and discounts are deferred and amortized over the life of the bonds. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are expensed as incurred.
In the fund financial statements, governmental funds recognize bond premiums and
discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as expenditures.
k. Accrued Compensated Absences Accumulated unpaid vacation pay is accrued by the District in the governmental
activities on the statement of net position. The liability for accumulated unpaid vacation pay is based upon accumulated days at April 30, 2015, times the current pay rate (including certain benefits) for each employee. No accrual has been made for sick leave as sick leave does not vest.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) l. Property Taxes The District’s property taxes are required to be levied by ordinance. A certified copy
of the levy ordinance must be filed with the county clerk no later than the last Tuesday in December of each year. Taxes are due and collectible one-half in June and one-half in September of the following year. Property taxes attach as an enforceable lien on property as of January 1. Property taxes which have been levied but are not due before the end of the fiscal year are recorded as receivable. The entire receivable is offset by unavailable/deferred revenue as they are intended to finance the subsequent fiscal year. The provision for uncollectible taxes is computed based upon one percent of the total current levy as extended. The District’s policy is to write-off the uncollected taxes receivable of prior years.
m. Net Position/Fund Balances In the fund financial statements, governmental funds report nonspendable fund
balance for amounts that are either not spendable in form or legally or contractually required to be maintained intact. Restrictions of fund balance are reported for amounts constrained by legal restrictions from outside parties for use for a specific purpose, or externally imposed by outside entities. None of the restricted fund balance result from enabling legislation adopted by the District. Committed fund balance is constrained by formal actions of the District’s Board of Trustees, which is considered the District’s highest level of decision-making authority. Formal actions include ordinances approved by the Board. Assigned fund balance represents amounts constrained by the District’s intent to use them for a specific purpose. The authority to assign fund balance has been delegated to the Executive Director and the Director of Finance and Administration by the Board of Trustees. Any residual fund balance in the General Fund or any deficit fund balance in any other governmental funds is reported as unassigned.
The District’s flow of funds assumption prescribes that the funds with the highest
level of constraint are expended first. If restricted or unrestricted funds are available for spending, the restricted funds are spent first. Additionally, if different levels of unrestricted funds are available for spending the District considers committed funds to be expended first followed by assigned and then unassigned funds.
In the government-wide financial statements, restricted net position is legally
restricted by outside parties for a specific purpose. Net investment in capital assets is the book value of capital assets less outstanding principal balances of debt that was issued to construct the capital assets.
None of the net position or fund balances are restricted as a result of enabling
legislation adopted by the District.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) n. Interfund Transactions Reciprocal interfund service transactions are accounted for as revenues, expenditures
or expenses. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund, are recorded as expenditures/expenses in the reimbursing fund and as reductions of expenditures/expenses in the fund that is reimbursed. All other interfund transactions are reported as transfers.
o. Interfund Receivables/Payables Activity between funds that are representative of lending/borrowing arrangements
outstanding at the end of the fiscal year are referred to as either “due to/from other fund” (i.e., the current portion of interfund loans) or “advances to/from other funds” (i.e., the noncurrent portion of interfund loans).
p. Deferred Outflows/Inflows of Resources In addition to assets, the statement of financial position will sometimes report a
separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time.
q. Use of Estimates The preparation of financial statements in conformity with generally accepted
accounting principles requires management to make estimates and assumptions that affect the reported amount of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures/expenses during the reporting period. Actual results could differ from those estimates.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
2. DEPOSITS AND INVESTMENTS ILCS and the District’s investment policy authorize the District to make deposits/invest in
insured commercial banks, savings and loan institutions, obligations of the U.S. Treasury and U.S. agencies, insured credit union shares, money market mutual funds with portfolios of securities issued or guaranteed by the United States Government or agreements to repurchase these same obligations, repurchase agreements, short-term commercial paper rated within the three highest classifications by at least two standard rating services, municipal bonds, investment-grade corporate bonds and Illinois Funds.
It is the policy of the District to invest its funds in a manner which will provide the highest
investment return with the maximum security while meeting the daily cash flow demands of the District and conforming to all state and local statutes governing the investment of public funds, using the “prudent person” standard for managing the overall portfolio. The primary objective of the policy is safety (preservation of capital and protection of investment principal), liquidity and yield.
Deposits with Financial Institutions Custodial credit risk for deposits with financial institutions is the risk that in the event of a
bank’s failure, the District’s deposits may not be returned to it. The District’s investment policy requires pledging of collateral with a fair value of 110% of all bank balances in excess of federal depository insurance with the collateral held by a third party in the District’s name.
Investments The following table presents the investments and maturities of the District’s debt securities
as of April 30, 2015:
Investment Maturities (in Years) Investment Type Fair Value Less than 1 1-5 6-10 Greater than 10
In accordance with its investment policy, the District limits its exposure to interest rate risk
by structuring the portfolio to provide liquidity for operating funds and maximizing yields for funds not needed within a three-year period with a maximum weighted average maturity of three years. Investments in reserve funds may be purchased with maturities to match future projects or liability requirements.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
2. DEPOSITS AND INVESTMENTS (Continued) Investments (Continued)
In addition, the policy requires the District to structure the investment portfolio so that securities mature to meet cash requirements for ongoing operations.
The District limits its exposure to credit risk, the risk that the issuer of a debt security will not pay its par value upon maturity, by limiting investments to obligations that are guaranteed by the U.S. government, limiting municipal debt securities and money market mutual funds to those rated AA or higher, investing in corporate bonds rated in the four highest categories by a national rating agency and pre-qualifying all financial institutions.
The FHLB and FNMA securities are rated Aaa by Moody’s. The municipal and corporate
bonds range in rating from AA1 to A3 and A1 to Baa2 by Standard and Poor’s, respectively. Illinois Funds are rated AAA.
Custodial credit risk for investments is the risk that, in the event of the failure of the
counterparty to the investment, the District will not be able to recover the value of its investments that are in possession of an outside party. To limit its exposure, the District’s investment policy requires all security transactions that are exposed to custodial credit risk to be processed on a delivery versus payment (DVP) basis with the underlying investments held by a third party acting as the District’s agent separate from where the investment was purchased or by the trust department of the bank where purchased, in the District’s name.
Concentration of credit risk - The District’s investment policy requires diversification but
does not contain specific diversification targets or limits except to limit the investment in commercial paper to no more than 10% of the portfolio.
Derivatives - The District’s investment policy specifically prohibits the use of hedge funds
or hedge bonds and investment in derivatives. 3. PROPERTY TAX CALENDAR The following information gives significant dates on the property tax calendar of the
District. • The property tax lien date is January 1. • The annual tax levy ordinance for 2014 was passed December 8, 2014. • Property taxes are due to the County Collector in two installments, June 1 and
September 1. • Property taxes for 2014 are normally received monthly beginning in June and
generally ending by November 2015.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
3. PROPERTY TAX CALENDAR (Continued) The 2015 tax levy, which attached as an enforceable lien on property as of January 1, 2015,
has not been recorded as a receivable as of April 30, 2015 as the tax has not yet been levied by the District and will not be levied until December 2015 and, therefore, the levy is not measurable at April 30, 2015.
4. OTHER RECEIVABLES The following receivables are included in other receivables on the statement of net
position:
TOTAL GOVERNMENTAL ACTIVITIES - OTHER RECEIVABLES Recreation program receivables $ 182,784 Stop loss receivable 76,813 Other billing receivables 6,416 TOTAL GOVERNMENTAL ACTIVITIES - OTHER RECEIVABLES
$ 266,013
5. CAPITAL ASSETS Capital asset activity for the year ended April 30, 2015 was as follows:
Beginning Ending Balances Increases Decreases Balances GOVERNMENTAL ACTIVITIES Capital assets not being depreciated Land $ 64,212,372 $ 259,579 $ - $ 64,471,951 Construction in progress 363,851 587,507 351,326 600,032 Total capital assets not being depreciated 64,576,223 847,086 351,326 65,071,983 Capital assets being depreciated Land improvements 50,211,346 532,287 - 50,743,633 Buildings 78,420,885 992,244 121,234 79,291,895 Machinery and equipment 16,319,273 632,980 269,989 16,682,264 Total capital assets being depreciated 144,951,504 2,157,511 391,223 146,717,792 Less accumulated depreciation for Land improvements 20,054,127 2,205,020 - 22,259,147 Buildings 36,472,012 2,581,447 110,911 38,942,548 Machinery and equipment 8,545,641 925,260 259,959 9,210,942 Total accumulated depreciation 65,071,780 5,711,727 370,870 70,412,637 Total capital assets being depreciated, net 79,879,724 (3,554,216) 20,353 76,305,155 GOVERNMENTAL ACTIVITIES CAPITAL ASSETS, NET $144,455,947 $ (2,707,130) $ 371,679 $141,377,138
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
5. CAPITAL ASSETS (Continued) Depreciation expense was charged to functions/programs of the District’s governmental
activities as follows:
GOVERNMENTAL ACTIVITIES General government $ 374,922 Culture and recreation 5,336,805 TOTAL DEPRECIATION EXPENSE - GOVERNMENTAL ACTIVITIES $ 5,711,727
6. LONG-TERM DEBT The following is a summary of changes in long-term debt for the year ended April 30,
2015:
Beginning Balances
Additions
Reductions
Ending Balances
Current Portion
Long-Term Portion
GOVERNMENTAL ACTIVITIES
General obligation bonds $ 54,820,000 $ - $ 6,785,000 $ 48,035,000 $ 7,425,000 $ 40,610,000 Premium on bonds 534,933 - 147,319 387,614 147,320 240,294 Discount on bonds (48,171) - (3,441) (44,730) (3,441) (41,289) Long-term financing from other governmental units
929,850
-
200,000
729,850
200,000
529,850
Capital lease 163,445 - 29,965 133,480 32,689 100,791 Compensated absences* 365,825 86,006 91,456 360,375 90,094 270,281 TOTAL GOVERNMENTAL ACTIVITIES
$ 56,765,882
$ 86,006
$ 7,250,299
$ 49,601,589
$ 7,891,662
$ 41,709,927
*Compensated absences have historically been paid from the funds of the General and Playground and Recreation Funds.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
6. LONG-TERM DEBT (Continued) Long-term debt at April 30, 2015 is comprised of the following individual bond issues,
capital leases and intergovernmental agreements. Bonds
Total Outstanding
Current Portion
General Capital Improvements
A $1,750,000 General Obligation Limited Tax Park Bond Series 2005D dated December 28, 2005, due in annual installments of $375,000 to $550,000 on December 15, 2012 through December 15, 2015 with interest payable semiannually on June 15 and December 15 at 4%.
$ 550,000
$ 550,000
2008A Referendum Bonds
A $8,500,000 General Obligation Bond Series 2008 dated March 15, 2008 due in installments of $965,000 to $1,800,000 beginning December 15, 2008 through December 15, 2017. Interest at 3.246% to 3.263% is payable semiannually on June 15 and December 15.
4,535,000
1,470,000
2009A Referendum Bonds
A $27,850,000 General Obligation Bond Series 2009 dated February 1, 2009 due in installments of $550,000 to $3,085,000 beginning December 15, 2009 through December 15, 2027. Interest at 2.500% to 4.625% is payable semiannually on June 15 and December 15.
24,815,000
-
2010 Build America Bonds
A $9,000,000 General Obligation Limited Tax Bond Series 2010, Build America Bonds, dated December 15, 2009 due in installments of $500,000 to $1,520,000 beginning December 15, 2010 through December 15, 2018. Interest at 1.150% to 4.250% is payable semiannually on June 15 and December 15. Pursuant to the American Recovery and Reinvestment Act, the District is eligible to receive a rebate from the U.S. Treasury Department of 35% of the interest paid each year. The net interest rate for the Series 2010 Build America Bonds, after rebate, is 0.75% to 2.76%.
4,425,000
875,000
2010A Build America Bonds
A $8,500,000 General Obligation Limited Tax Bond Series 2010A, Build America Bonds, dated July 13, 2010 due in installments of $1,500,000 to $1,900,000 beginning December 15, 2022 through December 15, 2026. Interest at 5.250% to 5.625% is payable semiannually on June 15 and December 15. Pursuant to the American Recovery and Reinvestment Act, the District is eligible to receive a rebate from the U.S. Treasury Department of 35% of the interest paid each year. The net interest rate for the Series 2010A Build America Bonds, after rebate, is 3.41% to 3.66%.
8,500,000
-
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
6. LONG-TERM DEBT (Continued) Bonds (Continued)
Total Outstanding
Current Portion
2010B General Obligation Refunding Bonds
A $20,285,000 General Obligation Refunding Park Bonds, Series 2010B, dated July 13, 2010 due in installments of $270,000 to $4,530,000 beginning December 15, 2010 through December 15, 2016. Interest at 3.00% to 3.50% is payable semiannually on June 15 and December 15.
$ 5,210,000
$ 4,530,000
TOTAL BONDS $ 48,035,000 $ 7,425,000
At April 30, 2015, $461,989 is available in the Debt Service Fund to service these bonds. Long-Term Financing from Other Governmental Units On September 30, 1989, the District entered into an agreement to construct three family
aquatic centers with the City of Aurora (the City). The agreement specifies that the City will finance all construction costs of the centers. The District will repay the City 50% of the construction costs on June 30 of each full year of operations at a minimum of $200,000 per year exclusive of any accrued interest on indebtedness incurred by the City and exclusive of any interest on deferred payments from the District to the City.
Total Current Portion
TOTAL LONG-TERM FINANCING FROM OTHER GOVERNMENTAL UNITS $ 729,850 $ 200,000
Long-term financing from other governmental units have historically been paid from the Debt Service Fund.
Capital Leases The District entered into a capital lease arrangement on March 8, 2014 to purchase four
pieces of turf maintenance equipment for use at one of the District’s recreation facilities. Payments of $3,333 are due in 60 monthly payments. Total assets purchased under this agreement are $163,445.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
6. LONG-TERM DEBT (Continued) Obligations of governmental activities under capital leases, typically paid from the Debt
Service Fund, including future interest payments at April 30, 2015 were as follows:
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
6. LONG-TERM DEBT (Continued) Net Other Postemployment Benefit Obligation (Asset) In fiscal year 2008, the District implemented GASB Statement No. 45, Accounting and
Financial Reporting by Employers for Postemployment Benefits Other than Pensions. This pronouncement required the District to calculate and record a net other postemployment benefit obligation/asset (NOPEBO/A) as of April 30, 2015. The NOPEB/A is, in general, the cumulative difference between the actuarial required contribution and the actual contribution since May 1, 2007.
7. INDIVIDUAL FUND DISCLOSURES a. Interfund Receivables/Payables Due to/from other funds at April 30, 2015 is as follows:
Due To Due From General Fund $ 4,624 $ - Playground and Recreation Fund 215,003 333,850 Nonmajor Governmental Funds - 7,857 Family Aquatic Center Fund 333,850 211,770 TOTAL $ 553,477 $ 553,477
The purpose of due to/from other funds is the result of: • $333,850 due from the Playground and Recreation Fund to the Family Aquatic
Center Fund to cover one-half of the operating loss for the Family Aquatic Centers. Repayment is expected within one year.
• $211,770 due from the Family Aquatic Center Fund to the Playground and
Recreation Fund is to cover negative cash in the Family Aquatic Center Fund. Repayment is expected within one year.
• $7,857 due from the Communities in Schools Fund to the General Fund
($4,624) and to the Playground and Recreation Fund ($3,233) for fiscal services. Repayment is expected within one year.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
7. INDIVIDUAL FUND DISCLOSURES (Continued) b. Interfund Transfers Individual fund interfund transfers are as follows:
Transfers In
Transfers Out
General Fund $ 1,620 $ 1,195,844 Playground and Recreation Fund 33,688 1,162,850 Debt Service Fund 1,295,844 1,620 Internal Service Fund 200,000 - Nonmajor Governmental Funds 912,850 83,688 TOTAL $ 2,444,002 $ 2,444,002
The purpose of the significant transfers resulted from: • $579,000 transferred to the Nonmajor Governmental Funds from the
Playground and Recreation Fund ($529,000) and Nonmajor Governmental Funds ($50,000) to fund the Equipment and Vehicle Replacement Fund and Facility Improvement Fund for future equipment purchases and recreation facility improvements based on depreciation costs.
• $200,000 transferred to the Debt Service Fund from the Playground and
Recreation Fund for payment on the long-term financing for the Family Aquatic Centers.
• $1,095,844 transferred to the Debt Service Fund from the General Fund for the
abatement of the 2013 tax levy. • $200,000 transferred to the Internal Service Fund from the Playground and
Recreation Fund ($100,000) and the General Fund ($100,000) to fund the future costs of other postemployment benefits.
• $333,850 transferred to the Nonmajor Governmental Funds from the
Playground and Recreation Fund to cover one-half of the operating loss for the family aquatic centers and other costs in accordance with the intergovernmental agreement.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
9. EMPLOYEE BENEFITS FUND The District is self-insured for health care benefits provided to its employees. The District
has entered into an agreement with a claims paying agent to whom funds are transferred monthly. The agent pays insurance premiums for specific and aggregate policies, pays claims and collects its fee for such services. Under this program the self-insured amount was $105,000 per employee and aggregate coverage of $2,706,633 at April 30, 2015. Estimated claims incurred during the year but not reported at year end of $172,454 have been accrued as a liability.
A reconciliation of the claims liability for the last two years is as follows:
2015 2014 CLAIMS PAYABLE, MAY 1 $ 267,815 $ 128,622 Add claims incurred 2,064,117 2,265,340 Less claims paid (2,159,478) (2,126,147) CLAIMS PAYABLE, APRIL 30 $ 172,454 $ 267,815
10. INSURANCE The District is exposed to various risks related to torts; theft of, damage to and destruction
of assets; errors and omissions; injuries to employees; and net income losses. Since 1986, the District has been a member of the Park District Risk Management Agency (PDRMA), a joint risk management pool of park and forest preserve districts, and special recreation associations through which property, general liability, automobile liability, crime, boiler and machinery, public officials’ and workers’ compensation coverage is provided in excess of specified limits for the members, acting as a single insurable unit.
Each member assumes the first $1,000 of property claims each occurrence and has self-
insurance retentions at various amounts. Management consists of a Board of Directors comprised of one appointed representative
from each member. In addition, there are two officers, a Risk Manager and a Treasurer. The District does not exercise any control over the activities of PDRMA beyond its
representation on the Board of Directors. Initial contributions are determined in advance of each membership year based on the
individual member’s expenditures as defined in the by-laws of PDRMA, assessment factors based on past member experience and the funding needs for the membership year. The Board of Directors may require that supplemental contributions be made by members to ensure that adequate funds are available to meet the obligations applicable to the membership year. Members have a contractual obligation to fund any deficit of PDRMA attributable to a membership year during which they were a member.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
10. INSURANCE (Continued)
Losses exceeding the per occurrence self-insured and reinsurance limit would be the responsibility of the District. The District is not aware of any additional amounts owed to PDRMA at April 30, 2015.
11. RETIREMENT FUND COMMITMENTS Illinois Municipal Retirement Fund The District’s defined benefit pension plan, Illinois Municipal Retirement Fund (IMRF),
provides retirement, disability, annual cost of living adjustments and death benefits to plan members and beneficiaries. IMRF is an agent multiple-employer pension plan that acts as a common investment and administrative agent for local governments and school districts in Illinois. The Illinois Pension Code establishes the benefit provisions of the plan that can only be amended by the Illinois General Assembly. IMRF issues a publicly available financial report that includes financial statements and supplementary information for the plan as a whole but not by individual employer. That report may be obtained online at www.imrf.org.
All employees hired in positions that meet or exceed the prescribed annual hourly standard must be enrolled in IMRF as participating members. IMRF provides two tiers of pension benefits. Employees hired prior to January 1, 2011, are eligible for Tier 1 benefits. For Tier 1 employees, pension benefits vest after eight years of service. Participating members who retire at age 55 (reduced benefits) or after age 60 (full benefits) with eight years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1 2/3% of their final rate of earnings, for each year of credited service up to 15 years, and 2% for each year thereafter.
Employees hired on or after January 1, 2011, are eligible for Tier 2 benefits. For Tier 2 employees, pension benefits vest after ten years of service. Participating members who retire at age 62 (reduced benefits) or after age 67 (full benefits) with ten years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1 2/3% of their final rate of earnings, for each year of credited service up to 15 years, and 2% for each year thereafter.
Employees participating in IMRF are required to contribute 4.5% of their annual covered
salary. The member rate is established by state statute. The District is required to contribute at an actuarially determined rate. The employer rate for calendar year 2014 was 13.06% of payroll. The employer contribution requirements are established and may be amended by the IMRF Board of Trustees.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
11. RETIREMENT FUND COMMITMENTS (Continued) Illinois Municipal Retirement Fund (Continued)
For April 30, 2015, the District’s annual pension cost of $747,425 was equal to the District’s required and actual contributions. The required contribution was determined as part of the December 31, 2012 actuarial valuation using the entry-age actuarial cost method. The actuarial assumptions from IMRF included (a) 7.5% investment rate of return (net of administrative expenses), (b) projected salary increases of 4.0% a year, attributed to inflation, (c) projected salary increases ranging from 0.4% to 10.0% per year and (d) 3% per year cost-of-living adjustments for postretirement benefits. The actuarial value of IMRF assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a five-year period.
IMRF’s unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on an open 29-year basis.
Employer annual pension cost (APC), actual contributions and the net pension obligation
(NPO) are as follows. The NPO is the cumulative difference between the APC and the contributions actually made.
The funded status of the plan as of December 31, 2014, based on actuarial valuations
performed as of the same date, is as follows. The actuarial assumptions used to determine the funded status of the plan are the same actuarial assumptions used to determine the employer APC of the plan as disclosed above:
Illinois
Municipal Retirement
Actuarial accrued liability (AAL) $ 13,299,537 Actuarial value of plan assets 9,269,193 Unfunded actuarial accrued liability (UAAL) 4,030,344 Funded ratio (actuarial value of plan assets/AAL) 69.70% Covered payroll (active plan members) $ 5,635,613 UAAL as a percentage of covered payroll 71.52%
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
12. OTHER POSTEMPLOYMENT BENEFITS a. Plan Description In addition to providing the pension benefits described, the District provides
postemployment health care benefits (OPEB) for retired employees through a single-employer defined benefit plan. The benefits, benefit levels, employee contributions and any employer contributions are governed by ILCS and by the District.
The plan is not accounted for as a trust fund, as an irrevocable trust has not been
established to account for the plan. The plan does not issue a separate report. The activity of the plan is reported in the District’s Internal Service Fund and governmental activities.
b. Benefits Provided The District provides postemployment health care benefits to its retirees. To be
eligible for implicit benefits, an employee must qualify for retirement under IMRF or meet COBRA requirements. To be eligible for explicit benefits an employee must have been hired prior to April 30, 2007, qualify for retirement under IMRF and have worked for a minimum of 20 years at the District.
All health care benefits are provided through the District’s self-insured employee
health plan. The benefit levels are the same as those afforded to active employees. Benefits include general inpatient and outpatient medical services; mental, nervous and substance abuse care; vision care; dental care; and prescriptions. The benefits are provided until age 65 or whenever Medicare coverage becomes available.
c. Membership At April 30, 2015, membership consisted of:
Retirees and beneficiaries currently receiving benefits 15 Terminated employees entitled to benefits but not yet receiving them - Active plan members 34 TOTAL 49 Participating employers 1
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
12. OTHER POSTEMPLOYMENT BENEFITS (Continued) d. Funding Policy The District negotiates the contribution percentages between the District and
employees through the personnel policy. Retirees contribute 100% of the actuarially determined premium to the plan unless they meet the eligibility requirements noted above.
If eligible, the percentage paid by the District and the employee is as follows:
Years of Service
District Pays
Retiree Pays
< 20 0% 100%
20-24 25% 75% 25-29 75% 25%
> or = 30 85% 15% For the fiscal year ended April 30, 2015, the District contributed $175,077. The
District is not required to and currently does not advance fund the cost of benefits that will become due and payable in the future. Active employees do not contribute to the plan until retirement.
e. Annual OPEB Costs and Net OPEB Obligation The District’s annual OPEB cost, the percentage of annual OPEB cost contributed to
the plan and the net OPEB obligation (asset) for the last three years was as follows:
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
12. OTHER POSTEMPLOYMENT BENEFITS (Continued) e. Annual OPEB Costs and Net OPEB Obligation (Continued)
The net OPEB obligation (asset) (NOPEBO/NOPEBA) as of April 30, 2015 was calculated as follows:
Annual required contribution $ 135,896 Interest on net OPEB obligation (12,072) Adjustment to annual required contribution 11,644 Annual OPEB cost 135,468 Contributions made 175,077 Increase (decrease) in net OPEB obligation (asset) (39,609) Net OPEB obligation (asset), beginning of year (301,800) NET OPEB OBLIGATION (ASSET), END OF YEAR $ (341,409)
f. Funded Status and Funding Progress The funded status of the plan as of April 30, 2015 was as follows:
Actuarial accrued liability (AAL) $ 1,933,529 Actuarial value of plan assets - Unfunded actuarial accrued liability (UAAL) 1,933,529 Funded ratio (actuarial value of plan assets/AAL) 0.00% Covered payroll (active plan members) $ 4,264,403 UAAL as a percentage of covered payroll 45.34%
Actuarial valuations of an ongoing plan involve estimates of the value of reported
amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to financial statements, presents multi-year trend information that shows whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
12. OTHER POSTEMPLOYMENT BENEFITS (Continued) e. Annual OPEB Costs and Net OPEB Obligation (Continued) Projections of benefits for financial reporting purposes are based on the substantive
plan (the plan as understood by the employer and plan members) and includes the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with the long-term perspective of the calculations.
In the April 30, 2015 actuarial valuation, the projected unit credit actuarial cost
method was used. The actuarial assumptions included a 4.00% investment rate of return (net of administrative expenses) and an initial healthcare cost trend rate of 7.00% reducing to an ultimate rate of 4.00%. Both rates include a 2.50% inflation assumption. The actuarial value of assets was not determined as the District has not advance funded its obligation. The plan’s unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on an open basis. The remaining amortization period at April 30, 2015 was 30 years.
13. ORCHARD VALLEY GOLF COURSE OPERATIONS As of January 1, 2010, the District entered into an agreement with Billy Casper Golf, LLC
(BCG) to outsource the operations of the District owned Orchard Valley Golf Course (OVGC). BCG has access to operate and run the premises, including the golf course, driving range, clubhouse and restaurant. BCG agrees to pay the District a license fee comprised of a base license fee ($226,667 annually due in four equal installments), a percentage of gross golf revenues (25% of gross golf revenues between $1,700,000 and $1,900,000 and 35% of any amount above $1,900,000) and a percentage of gross nongolf revenue (10% of amount between $750,000 and $950,000 and 15% for any amount above $950,000). Threshold amounts shall be adjusted annually by the amount of any annual increase or decrease in the consumer price index. Additionally, BCG is required to make payments to a dedicated capital fund of OVGC on an annual basis in the amount of $80,000 due February 15 of each year commencing February 15, 2012 and a one-time contribution of $200,000. The agreement commenced on January 1, 2010 for a ten-year period ending no later than December 31, 2019, with an optional five-year extension. The agreement was amended in 2011 and the five-year option was exercised.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
14. FOX VALLEY PARK FOUNDATION, INC. a. Summary of Significant Accounting Policies Fox Valley Park Foundation, Inc. (the Foundation) was established to raise funds for
assisting the District with providing youth programs, acquiring land and the development and improvement of parks. The financial statements of the Foundation have been prepared in conformity with accounting principles generally accepted in the United States of America, as applied to government units (hereinafter referred to as generally accepted accounting principles (GAAP)). The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The following is a brief summary of the accounting policies followed by the Foundation:
1) The records of the Foundation are maintained in a single fund and the financial
statements have been prepared on the accrual basis of accounting and the economic resources measurement focus.
2) Capital assets are recorded at cost or estimated cost. Depreciation is computed
under the straight-line method over the estimated useful lives of the assets; ten years for furniture and fixtures and 30 1/2 years for land improvements.
3) Donated land and furniture and fixtures are recorded at fair market value. 4) The Foundation files as exempt from federal income taxes under the provisions
of the Internal Revenue Code, Section 501(c)(3). 5) Cash and cash equivalents are defined as short-term highly liquid investments
readily convertible to cash with a maturity of less than three months when acquired.
6) Unearned revenue results from payments received by the Foundation for events
that will occur in subsequent periods. 7) Prepaid items benefit future periods.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
14. FOX VALLEY PARK FOUNDATION, INC. b. Deposits and Investments The Foundation’s investment policy authorizes the Foundation to make
deposits/invest in insured commercial banks, savings and loan institutions, obligations of the U.S. Treasury and U.S. agencies, insured credit union shares, money market mutual funds with portfolios of securities issued or guaranteed by the United States Government or agreements to repurchase these same obligations, repurchase agreements, short-term commercial paper rated within the three highest classifications by at least two standard rating services and Illinois Funds.
It is the policy of the Foundation to invest its funds in a manner which will provide
the highest investment return with the maximum security while meeting the daily cash flow demands of the Foundation and conforming to all state and local statutes governing the investment of public funds, using the “prudent person” standard for managing the overall portfolio. The primary objective of the policy is safety (preservation of capital and protection of investment principal), liquidity and yield.
Custodial credit risk for deposits with financial institutions is the risk that in the
event of a bank’s failure, the Foundation’s deposits may not be returned to it. The Foundation’s investment policy requires pledging of collateral of all bank balances in excess of federal depository insurance with the collateral held by a third party in the Foundation’s name.
Custodial credit risk for investments is the risk that, in the event of the failure of the
counterparty to the investment, the Foundation will not be able to recover the value of its investments that are in possession of an outside party. To limit its exposure, the Foundation’s investment policy requires all security transactions that are exposed to custodial credit risk to be processed on a delivery versus payment (DVP) basis with the underlying investments held by a third party acting as the Foundation’s agent separate from where the investment was purchased or by the trust department of the bank where purchased, in the Foundation’s name.
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
14. FOX VALLEY PARK FOUNDATION, INC. (Continued) c. Restricted Net Position Restricted fund balance is comprised of endowments and unexpended funds from
donations received for specific purposes. The breakdown is as follows:
Olga Mae Scheuman Endowment $ 97,267 Golf for Kids 69,582 Corrinne Hettinger Endowment 25,621 Residents for Parks and Recreation 10,042 Memorial Supplies 2,070 TOTAL RESTRICTED NET POSITION $ 204,582
d. Capital Assets Capital asset activity for the year ended April 30, 2015 was as follows:
Beginning Ending Balances Increases Decreases Balances GOVERNMENTAL CAPITAL ASSETS Capital assets being depreciated Land improvements $ 89,585 $ - $ - $ 89,585 Furniture and fixtures 21,184 - - 21,184 Total capital assets being depreciated 110,769 - - 110,769 Less accumulated depreciation for Land improvements 61,971 3,123 - 65,094 Furniture and fixtures 21,184 - - 21,184 Total accumulated depreciation 83,155 3,123 - 86,278 Total capital assets being depreciated, net 27,614 (3,123) - 24,491 GOVERNMENTAL CAPITAL ASSETS, NET $ 27,614 $ (3,123) $ - $ 24,491
REQUIRED SUPPLEMENTARY INFORMATION
FOX VALLEY PARK DISTRICTAURORA, ILLINOIS
SCHEDULE OF REVENUES, EXPENDITURES ANDCHANGES IN FUND BALANCES - BUDGET AND ACTUAL
Actuarial (1) Liability (3) Unfunded Active PercentageValuation Actuarial (AAL) Funded (AAL) Members of Covered
Date Value of Entry-Age Ratio (UAAL) Covered PayrollApril 30, Assets Normal (1) / (2) (2) - (1) Payroll (4) / (5)
FOX VALLEY PARK DISTRICT AURORA, ILLINOIS
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
April 30, 2015
BUDGETS AND BUDGETARY ACCOUNTING 1. The District follows these procedures in establishing the budgetary data reflected in the
required supplementary information. a. Prior to April 1, the Director of Finance and Administration submits to the Board of
Trustees a proposed operating budget for the fiscal year commencing the following May 1. The operating budget includes proposed expenditures and the means of financing them for the general fund, special revenue funds, debt service funds and capital projects funds, except for the Communities in Schools Fund.
b. A budget presentation is conducted at the Prisco Community Center. c. A public hearing is conducted at the Prisco Community Center at the regularly
scheduled May board meeting to obtain taxpayer comments. d. At the regularly scheduled May board meeting, the budget is legally enacted through
passage of an ordinance. e. Once adopted, the Board of Trustees can make transfers between objects within any
fund up to 10% of the total appropriation of that fund. The legal level of budgetary control is the object level for the general fund and the fund level for all other funds.
f. Formal budgetary integration is employed as a management control device during
the year for the general fund, special revenue funds, debt service funds and capital projects funds.
g. Budgets are adopted on a basis consistent with generally accepted accounting
principles. h. All budget authority lapses at the end of the year. No supplemental appropriations
were adopted during the current fiscal year.
COMBINING AND INDIVIDUAL FUND FINANCIAL STATEMENTS AND SCHEDULES
MAJOR GOVERNMENTAL FUNDS
GENERAL FUND The General Fund is the general operating fund of the District. It is used to account for all financial resources except those accounted for in another fund. SPECIAL REVENUE FUND The Playground and Recreation Fund is used to account for revenue and expenditures related to recreation programs funded by a restricted tax levy and user fees. It is comprised of the Playground and Recreation and Orchard Valley Golf Course subfunds. DEBT SERVICE FUND The Bond and Interest Fund is used to account for the accumulation of resources for and the payment of principal and interest on the long-term debt of the District, financed primarily by a tax levy.
VarianceFinal Final Over (Under)
Appropriation Budget Actual Budget
GENERAL GOVERNMENTPayroll related expenditures 3,309,508$ 3,008,644$ 2,916,252$ (92,392)$
Contractual services
Utilities 208,967 189,970 197,935 7,965 Professional services 117,645 106,950 120,202 13,252 Other services 816,320 742,109 623,715 (118,394)
Total contractual services 1,142,932 1,039,029 941,852 (97,177)
Repairs and maintenance 736,214 669,285 290,196 (379,089)
Materials and suppliesGasoline 176,000 160,000 156,746 (3,254) Equipment parts 65,890 59,900 63,367 3,467 Other supplies and ground maintenance 768,280 698,436 684,965 (13,471) Landscape materials 42,515 38,650 57,257 18,607 Office supplies 8,525 7,750 7,624 (126) Horticulture stock and supplies 20,900 19,000 15,560 (3,440) Lumber and building materials 26,400 24,000 11,481 (12,519)
Total materials and supplies 1,108,510 1,007,736 997,000 (10,736)
Total general government 6,326,220 5,751,109 5,160,232 (590,877)
CAPITAL OUTLAY 39,050 35,500 22,433 (13,067)
TOTAL EXPENDITURES 6,365,270$ 5,786,609$ 5,182,665$ (603,944)$
COMBINING BALANCE SHEETPLAYGROUND AND RECREATION FUND - BY SUBFUND
April 30, 2015
Orchard
VarianceFinal Final
Variance VarianceFinal Final
VarianceFinal Final
Variance VarianceFinal Final
FOX VALLEY PARK DISTRICTAURORA, ILLINOIS
SCHEDULE OF REVENUES, EXPENDITURES ANDCHANGES IN FUND BALANCE - BUDGET AND ACTUAL
DEBT SERVICE FUND
For the Year Ended April 30, 2015
VarianceFinal Final Over (Under)
NONMAJOR GOVERNMENTAL FUNDS
SPECIAL REVENUE FUNDS Special Revenue Funds - to account for the collection and disbursement of restricted, committed or assigned monies for a specific purpose. Museum - to account for revenues and expenditures for the operations of the District’s
museum. Liability Insurance - to account for property taxes restricted for funding the employer’s
liability insurance and related costs. Illinois Municipal Retirement - to account for property taxes restricted for funding the
employer’s contribution to IMRF. Audit - to account for property taxes restricted for paying the costs of the annual audit
function. Police and Security - to account for property taxes restricted and other resources assigned for
providing public safety in the District. Social Security - to account for property taxes restricted for paying the employer’s portion of
Social Security and Medicare. Special Recreation - to account for property taxes restricted for funding recreation activities
for disabled individuals. Family Aquatic Center - to account for the operations of the District’s water parks. Communities in Schools - to account for the revenues and expenditures of the Communities
and Schools program funded by a restricted grant. CAPITAL PROJECTS FUNDS Capital Projects Funds - to account for financial resources segregated for the acquisition and construction of major capital improvements. Land Cash Development - to account for land cash contributions from the development of
new construction in the District to be used for the construction of parks and related improvements.
NONMAJOR GOVERNMENTAL FUNDS (Continued) CAPITAL PROJECTS FUNDS (Continued) Golf Course Proceeds - to account for the proceeds from the sale of the District’s share of Fox
Bend Golf Course. Equipment and Vehicle Replacement - to account for the purchase and disposal of the
District’s vehicles and other equipment. Land Acquisition - to account for the purchase of open land for future parks. Bond Referendum Fund - to account for the proceeds from the issuance of the 2008 bonds that
were approved via referendum. Facility Improvement and Replacement - to account for funding of future capital
improvements, renovations and replacements of the District’s recreation and operations facilities.
2010 GO Bonds - to account for the proceeds from the issuance of the 2010 Build America bonds.
Illinois Liability Municipal
Museum Insurance Retirement Audit
Cash 13,186$ 23,175$ 23,004$ 8,370$ Investments 1,119,860 355,820 209,276 23,044 Property taxes receivable (net, where applicable, of allowances for uncollectibles) 794,945 352,762 794,945 33,021 Intergovernmental receivable - - - - Other receivable - - - - Prepaid items 1,700 - - - Interest receivable 2,244 525 533 30 Due from other funds - - - -
Family Communities Golf EquipmentPolice and Social Special Aquatic in Land Cash Course and Vehicle LandSecurity Security Recreation Center Schools
Total operating revenues 2,004,233 215,539 2,219,772
OPERATING EXPENSES
Health and life insurance premiums 400,671 28,076 428,747 Claims incurred 1,800,975 263,142 2,064,117 Administrative services 61,596 5,828 67,424
Total operating expenses 2,263,242 297,046 2,560,288
OPERATING INCOME (LOSS) (259,009) (81,507) (340,516)
NON-OPERATING REVENUE
Investment income 19 - 19
Total non-operating revenue 19 - 19
INCOME (LOSS) BEFORE TRANSFERS (258,990) (81,507) (340,497)
TRANSFERS - 200,000 200,000
CHANGE IN NET POSITION (258,990) 118,493 (140,497)
NET POSITION, MAY 1 10,870 445,581 456,451
NET POSITION (DEFICIT), APRIL 30 $ (248,120) $ 564,074 $ 315,954
LONG-TERM DEBT PAYABLE BY GOVERNMENTAL FUNDS
Amount available for debt service 461,989$ Amount to be provided for retirement of general long-term debt 48,796,716
OTHER SUPPLEMENTAL INFORMATION
FY 2015Grant Cumulative Cumulative
Grant ID Grant Amount Grant Program LocalName of Grant Number Awarded Revenue Revenue Expenditures Match
Open Space Lands Acquisitionand Development
South River Street Park OS 12-1804 217,200$ 117,200$ 217,200$ 554,390$ 337,190$ Jericho Lake Park OS 13-1841 400,000 59,405 59,405 192,888 133,483 Copley I Park OS 14-1880 400,000 7,908 7,908 22,487 14,579
Park and Recreational FacilityConstruction Grant Program
TOTAL 3,006,000$ 239,333$ 339,334$ 842,861$ 503,527$
STATISTICAL SECTION
This part of the Fox Valley Park District’s comprehensive annual financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures and required supplementary information displays about the District’s overall financial health. Contents Page(s) Financial Trends These schedules contain trend information to help the reader understand
how the District’s financial performance and well-being have been changed over time.
80-87 Revenue Capacity These schedules contain information to help the reader assess the District’s
most significant local revenue source, the property tax.
88-93 Debt Capacity These schedules present information to help the reader assess the
affordability of the District’s current levels of outstanding debt and the District’s ability to issue additional debt in the future.
94-98 Demographic and Economic Information These schedules offer demographic and economic indicators to help the
reader understand the environment within which the District’s financial activities take place.
99-101 Operating Information These schedules contain service and infrastructure data to help the reader
understand how the information in the District’s financial report relates to the services the District provides and the activities it performs.
102-103 Sources: Unless otherwise noted, the information in these schedules is derived from the comprehensive annual financial reports for the relevant year.
Fiscal Year 2006 2007 2008 2009
GOVERNMENTAL ACTIVITIESNet investment in capital assets 64,770,135$ 65,035,141$ 72,261,016$ 77,276,003$ Restricted 5,323,925 3,762,680 3,296,456 3,801,352 Unrestricted 3,635,806 9,969,779 11,787,303 11,211,195
FROM: Diana Erickson, Director of Finance & Administration
RE: Comprehensive Annual Financial Report
RECOMMENDATION: Request Board acceptance of the Comprehensive Annual Financial Report for the Family Aquatic Centers fiscal year ending April 30, 2015 contingent upon the Aquatic Administration Board review and acceptance of the same.
BACKGROUND: The Family Aquatic Centers are required to have a completed fiscal year-end financial report. This acceptance is contingent on acceptance from the Aquatic Administrative Board. This document is the result of a detailed and extensive audit conducted by Sikich LLP.
REASON FOR BOARD REQUIRED ACTION: Board acceptance is required for the Comprehensive Annual Financial Report.
REVIEW BY OTHERS: Executive Director and Superintendent of Finance
FINANCIAL IMPACT: No financial impact
PRESENTER: Diana Erickson, Director of Finance & Administration
Family Aquatic Center Fund Fox Valley Park District July 10, 2015 Page 2 Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. We did not identify any misstatements. Disagreement with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated July 10, 2015. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Family Aquatic Center Fund of the Fox Valley Park District’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Family Aquatic Center Fund of the Fox Valley Park District’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters
We applied certain limited procedures to the required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
Family Aquatic Center Fund Fox Valley Park District July 10, 2015 Page 3 Restriction on Use This information is intended solely for the use of the Fox Valley Park District Family Aquatic Centers Administrative Board and management of the Fox Valley Park District Family Aquatic Centers and is not intended to be and should not be used by anyone other than these specified parties. Sincerely, Sikich LLP By: Frederick G. Lantz, CPA Partner-in-Charge, Government Services
FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND
AURORA, ILLINOIS
FINANCIAL STATEMENTS AND INDEPENDENT AUDITOR’S REPORT
For the Years Ended
April 30, 2015 and 2014
- 2 -
FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND AURORA, ILLINOIS TABLE OF CONTENTS
Page(s) INDEPENDENT AUDITOR’S REPORT ........................................................................ 3-4 GENERAL PURPOSE EXTERNAL FINANCIAL STATEMENTS Basic Financial Statements Balance Sheets ......................................................................................................... 5 Statements of Revenues, Expenditures and Changes in Fund Balance.......................................................................................................... 6 Notes to Financial Statements .................................................................................. 7-11 Required Supplementary Information Schedule of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual ........................................................................ 12 Notes to Required Supplementary Information ....................................................... 13
BASIC FINANCIAL STATEMENTS
2015 2014
Cash and investments 3,555$ 3,560$ Intergovernmental receivable 333,850 213,941 Due from Fox Valley Park District 333,850 213,941
FOX VALLEY PARK DISTRICTFAMILY AQUATIC CENTER FUND
AURORA, ILLINOIS
STATEMENTS OF REVENUES, EXPENDITURES ANDCHANGES IN FUND BALANCE
For the Years Ended April 30, 2015 and 2014
2015 2014
REVENUESCharges for services 675,286$ 699,183$ Rental income 12,934 12,885 Investment income - 99 Miscellaneous 109 2,417
Total revenues 688,329 714,584
EXPENDITURES Current
Salaries and wages 131,820 142,046 Employee benefits 20,108 20,513 Other employee expenditures 24,023 25,079 Food and beverage costs 3,330 1,920 Utilities 120,411 143,537 Professional services 142,161 114,277 Contractual services 600 - Maintenance and repairs 119,967 148,483 Other services 401,142 361,353 Materials and supplies 119,643 115,154
Capital outlay 272,824 70,104
Total expenditures 1,356,029 1,142,466
EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES (667,700) (427,882)
OTHER FINANCING SOURCES (USES)City operating subsidy 333,850 213,941 District operating subsidy 333,850 213,941
Total other financing sources (uses) 667,700 427,882
NET CHANGE IN FUND BALANCE - -
FUND BALANCE, MAY 1 200,000 200,000
FUND BALANCE, APRIL 30 200,000$ 200,000$
FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND
AURORA, ILLINOIS
NOTES TO FINANCIAL STATEMENTS
April 30, 2015 and 2014 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Family Aquatic Center Fund of the Fox Valley Park District
(the Family Aquatic Center) have been prepared in accordance with accounting principles generally accepted in the United States of America, as applied to government units (hereinafter referred to as generally accepted accounting principles (GAAP)). The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the Family Aquatic Center accounting policies are described below.
a. Reporting Entity These financial statements represent only the Family Aquatic Center which is a
blended fund in the Fox Valley Park District’s reporting entity. Audited financial statements for the Fox Valley Park District have been prepared as of April 30, 2015, and are available under separate cover.
On September 30, 1989, the Fox Valley Park District (the District) entered into an
agreement with the City of Aurora (the City) to jointly construct family aquatic centers for the joint use by the citizens of both governmental agencies. The District agreed to be fully responsible for all daily operations including management and administration of the aquatic centers. Under the agreement, all operating deficits are required to be funded equally by the District and the City. All operating surpluses are to be retained for future operations of the aquatic centers. The District’s share of the deficit is reported as due from the District and the City’s share of the deficit is reported as an intergovernmental receivable.
b. Individual Fund The operating fund of the Family Aquatic Center is classified as a general fund in
this separately issued report, and as a special revenue fund in the District’s annual financial report.
c. Basis of Accounting The financial statements reflect the modified accrual basis of accounting; revenue is
recorded when susceptible to accrual (i.e., both measurable and available) and expenditures are recognized when the fund liability is incurred. Proceeds from the sale of pool passes prior to April 30, 2015 and 2014 for the upcoming summer season have been reported as unearned revenue as of April 30, 2015 and 2014.
FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) d. Prepaid Items Certain payments to vendors reflect costs applicable to future accounting periods,
and are recorded as prepaid items. Such amounts are offset by nonspendable fund balance in the fund financial statements.
e. Use of Estimates The preparation of financial statements in conformity with generally accepted
accounting principles requires management to make estimates and assumptions that affect the reported amount of assets, deferred outflows, liabilities and deferred inflows and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates.
f. Deferred Outflows/Inflows of Resources
In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to a future period(s) and so will not be recognized as an outflow of resources (expenditure) until then. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The Family Aquatic Center did not have any elements to be reported as deferred inflows or outflows of resources at April 30, 2015 or 2014.
g. Fund Balances Governmental funds report nonspendable fund balance for amounts that are either
not spendable in form or legally or contractually required to be maintained intact. Restrictions of fund balance are reported for amounts constrained by legal restrictions from outside parties for use for a specific purpose, or externally imposed by outside entities. None of the restricted fund balance results from enabling legislation adopted by the Family Aquatic Center. Committed fund balance is
FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
g. Fund Balances (Continued)
constrained by formal actions of the Family Aquatic Center’s Administrative Board, which is considered the Family Aquatic Center’s highest level of decision-making authority. Assigned fund balance represents amounts constrained by the Family Aquatic Center’s intent to use them for a specific purpose. Any residual fund balance is reported as unassigned.
The Family Aquatic Center’s flow of funds assumption prescribes that the funds with
the highest level of constraint are expended first. If restricted or unrestricted funds are available for spending, the restricted funds are spent first. Additionally, if different levels of unrestricted funds are available for spending the District considers committed funds to be expended first followed by assigned and then unassigned funds.
2. RESTRICTED FUND BALANCE Pursuant to the intergovernmental agreement between the District and the City, the City
provided a $100,000 cash reserve fund at the commencement of construction of each of the two aquatic centers. This cash reserve fund is held in a capital reserve revolving fund restricted for future capital costs related to major repairs, replacements and improvements to be made and determined at the discretion of the Family Aquatic Center Administrative Board.
3. PENSION PLAN Participating and nonparticipating employees are covered by the Illinois Municipal
Retirement Fund (IMRF) and by Social Security, respectively. Contributions are paid by the District, and are reimbursed by the Family Aquatic Center. Additional information on the IMRF plan, including funding requirements and the actuarial accrual liability is presented in the comprehensive annual financial report of the District.
4. EMPLOYEE BENEFIT FUND Since some of the Family Aquatic Center’s personnel are employees of the District, they
also participate in the District’s employee benefit coverage. The District provides health, dental and life insurance coverage and self-insures itself for a portion of the costs. The employee benefit fund is reported in the comprehensive annual financial report of the District.
FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
5. INSURANCE COVERAGE The Family Aquatic Center, through the District, is a member of the Park District Risk
Management Agency (PDRMA). PDRMA provides the Family Aquatic Center with property, liability and workers’ compensation coverage. Additional information on PDRMA is presented in the comprehensive annual financial report of the District.
6. CAPITAL ASSETS The capital assets of the Family Aquatic Center are jointly owned (50% each) by the City
and the District. Each of these governments reports their share of the capital assets in their financial statements. Therefore, the Family Aquatic Center reports only the continuing operations of the Family Aquatic Center and not its jointly constructed and owned capital assets.
7. CASH The Family Aquatic Center does not have an investment policy. Instead, as a separate fund
of the District, it is governed by the District’s investment policy. The District’s investment policy limits authorized investments, consistent with Illinois Compiled Statutes (ILCS), to the following: to make deposits/invest in insured commercial banks, savings and loan institutions, obligations of the U.S. Treasury and U.S. agencies, insured credit union shares, money market mutual funds with portfolios of securities issued or guaranteed by the United States Government or agreements to repurchase these same obligations, repurchase agreements, short-term commercial paper rated within the three highest classifications by at least two standard rating services, municipal bonds, investment-grade corporate bonds and Illinois Funds.
It is the policy of the District to invest its funds in a manner which will provide the highest
investment return with the maximum security while meeting the daily cash flow demands of the District and conforming to all state and local statutes governing the investment of public funds, using the “prudent person” standard for managing the overall portfolio. The primary objective of the policy is safety (preservation of capital and protection of investment principal), legality, liquidity and yield.
Cash includes amounts in demand deposits, money markets and petty cash. Investments
with a maturity greater than one year at time of purchase, if any, are reported at fair value. The Family Aquatic Center’s funds were invested only in bank interest-bearing and non-interest-bearing accounts at April 30, 2015 and 2014.
FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND AURORA, ILLINOIS NOTES TO FINANCIAL STATEMENTS (Continued)
7. CASH (Continued) Custodial credit risk for deposits with financial institutions is the risk that in the event of
bank failure, the District’s deposits may not be returned to it. The District’s investment policy requires pledging of collateral for all bank balances in excess of federal depository insurance at the fair value of the collateral at least 110% of the uninsured deposits with the collateral held by an agent of the District.
In accordance with its investment policy, the District limits its exposure to interest rate risk
by structuring the portfolio to provide liquidity for operating funds and maximizing yields for funds not needed for operating purposes. The investment policy limits the maximum maturity lengths of investments to three years from the date of purchase.
The District limits its exposure to credit risk, the risk that the issuer of a debt security will
not pay its par value upon maturity, by primarily investing in obligations guaranteed by the United States Government or securities issued by agencies of the United States Government that are explicitly guaranteed by the United States Government.
Custodial credit risk for investments is the risk that, in the event of the failure of the
counterparty to the investment, the District will not be able to recover the value of its investments that are in possession of an outside party. To limit its exposure, the District’s investment policy requires all security transactions that are exposed to custodial credit risk to be processed on a delivery versus payment (DVP) basis with the underlying investments held by a third party acting as the District’s agent separate from where the investment was purchased, in the District’s name.
Concentration of credit risk - The District’s investment policy requires diversification but
does not contain specific diversification targets or limits except to limit the investment in commercial paper to no more than 10% of the portfolio.
Derivatives - The District’s investment policy specifically prohibits the use of hedge funds
or hedge bonds and investments in derivatives.
REQUIRED SUPPLEMENTARY INFORMATION
VarianceFinal Final Over
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FOX VALLEY PARK DISTRICT FAMILY AQUATIC CENTER FUND
AURORA, ILLINOIS
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION
April 30, 2015 BUDGETS Budgets are adopted on a basis consistent with generally accepted accounting principles. All annual budgets lapse at the end of the fiscal period.
Date: August 17, 2015
To: Honorable Board of Trustees
From: Laurie Hoffman, Director of Recreation & Communications
Re: Lease Amendment with Athletic & Therapeutic Institute of Naperville (ATI Physical Therapy)
RECOMMENDATION: Approve the amendment to the agreement with ATI for the continued lease of space that they currently occupy at the Vaughan Athletic Center through 4/30/2016.
BACKGROUND: Upon opening the Vaughan Athletic Center the District entered into an agreement with “Orthosport” Physical Therapy for the lease of 4,565 square feet (2 rooms) at the Vaughan Athletic Center. The agreement term was for an initial five years with 2 automatic five year renewal options. In April 2007 Orthosport forfeited one of the rooms reducing the total leased square footage to 2,725. Later in 2007, Orthosport assigned the lease with District approval to ATI Physical Therapy Group. One five year renewal term was exercised in 2010 and is due to expire in August 2015. During ongoing conversations with ATI, the District has expressed interest in evaluating its future space needs. ATI has expressed interest in continuing with a presence at this location and the District has been discussing alternative space options for ATI at the VAC. This amendment would provide the District with the time and opportunity to explore other options with ATI without committing to another full five year term noted in the original agreement.
Meanwhile the District has begun discussions with the original VAC architect (Cordogan Clark and Associates) to propose on assessing space needs and exploring options for expanding fitness and programming space with the possibility of using the ATI space. Improving upon security on the second floor is also a consideration with the potential of adding a control access point in the area for future discussion and consideration.
REASON FOR BOARD REQUIRED ACTION: Modification of the terms of the agreement requires Board Action.
REVIEW BY OTHERS: Executive Director, Vaughan Athletic Center Manager, ATI representatives and District Legal Counsel.
FINANCIAL IMPACT: There will be no change or financial impact during this fiscal year.The District receives $4,261 monthly for the lease fee from ATI and an allocation of utility and common area charges per the agreement.
PRESENTER: Laurie Hoffman, Director of Recreation & Communications
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SECOND AMENDMENT TO LEASE
THIS SECOND AMENDMENT TO LEASE (this “Second Amendment”) is made and entered into as of this __ day of August, 2015 by and between FOX VALLEY PARK DISTRICT ROBERT W. VAUGHAN ATHLETIC CENTER (“Landlord”) and ATHLETIC & THERAPEUTIC INSTITUTE OF NAPERVILLE, LLC, an Illinois limited liability company d/b/a ATI Physical Therapy (“Tenant”), ultimate successor in interest to the original tenant, ORTHO-SPORT, INC. Landlord and Tenant are hereafter collectively referred to as the “Parties.”
W I T N E S S E T H
WHEREAS, Landlord and one of Tenant’s predecessors in interest entered into that certain Lease Agreement dated June 23, 2005, as amended by instruments dated March 4, 2007 and March 10, 2010 (hereinafter the “Lease”) for approximately 2,725 square feet of space within the Vaughan Athletic Center, 2121 West Indian Trail, Aurora, IL 60506-1613 (the “Premises”);
WHEREAS, on December 23, 2011, the Lease was assigned to Tenant; WHEREAS, the Lease expired by its own terms on July 31, 2015, but the Parties have
agreed to extend the Term to enable the parties a reasonable amount of time to negotiate a relocation of Tenant upon the terms and conditions as more fully set forth herein below; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows:
1. Term. The Term of the Lease is hereby amended such that the expiration date of the
Lease shall be April 30, 2016 upon the same terms as are presently applicable under the Lease. The short term extension hereunder is intended to enable the Parties a reasonable amount of time to negotiate a relocation of the operations of Tenant at the Vaughan Athletic Center to allow the District to eventually use the space therein presently occupied by Tenant, but nothing herein shall commit either party to any specific terms with respect to such location by entering into this Second Amendment.
2. Effect of this Second Amendment. Except as expressly modified or amended by this Second Amendment, the Lease and all terms, covenants and conditions contained therein shall remain unchanged and in full force and effect. In the event of a conflict between the terms of this Second Amendment and the terms of the Lease, the terms of this Second Amendment shall prevail.
3. Counterparts. This Second Amendment may be executed by each of the parties hereto in separate counterparts and have the same force and effect as if all of Parties had executed it as a single document.
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4. Authority. This Second Amendment has been duly executed by, and constitutes the
valid and binding obligations of the parties hereto. The persons executing this Second Amendment on behalf of any entities represent that they have the authority to bind their respective entity.
5. Entire Agreement. This Second Amendment contains the entire agreement between the parties with respect to the subject matter herein contained and all preliminary negotiations with respect to the subject matter herein contained are merged into and incorporated in this Second Amendment. The Lease is hereby reinstated, reaffirmed, ratified and all prior documents and correspondence between the parties with respect to the subject matter herein contained are superseded and of no further force or effect, other than the Lease, as amended herein.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be duly executed on the day and year first above written.
TENANT: ATI HOLDINGS, LLC, an Illinois limited liability company By: _________________________________
Name: _________________________________
Its: _________________________________ LANDLORD: FOX VALLEY PARK DISTRICT ROBERT W. VAUGHAN ATHLETIC CENTER By: _________________________________
Name: _________________________________
Its: _________________________________
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Robert Vaughan, President
RE: Appointment to the Park Foundation Board of Directors
RECOMMENDATION: Approve the following appointments to the Fox Valley Park Foundation Board of Directors with terms to expire in 2017.
Park District Board Members Term Expires1. Rachel Ossyra 8/17 2. Alex Alexandrou 8/17
BACKGROUND: The Fox Valley Park Foundation Bylaws have been recently revised and now state that two members of the Fox Valley Park District Board of Trustees will be members of the Fox Valley Park Foundation Board of Directors. The previous Foundation bylaws called for five of the nine members to be from the Park District Board. The new bylaws also state the Foundation Board will have a membership between 15-20 people. The terms for the new appointments in 2015 are split equally for the first 15 members between one, two and three-year terms.
Park Foundation Bylaws: Section 2: Number and Term The Articles of Incorporation of the Foundation named the first Board of Directors. The number of members of the Board of Directors of the Foundation shall be no less than fifteen (15) and no more than twenty (20). For the first appointments in 2015, five (5) members shall serve one (1) year; five (5) members shall serve two (2) years; and five (5) members shall serve three (3) years. For director appointments beyond 15, the initial terms shall be as follows: member 16 shall serve three (3) years, member 17 shall serve two (2) years, member 18 shall serve one (1) year, member 19 shall serve three (3) years and member 20 shall serve two (2) years. Directors will be elected to serve three (3) year terms after this first appointment, not to exceed three (3) consecutive terms. All subsequent appointments to the board may be elected to serve three (3) year terms, not to exceed three (3) consecutive terms. After a one-year hiatus, he/she may be elected as a member of the board. The Executive Director of the Fox Valley Park District, Aurora, Illinois, shall be one of the members of the Board of Directors. Two (2) members of the Board of Directors shall be current members of the Board of Trustees of the Fox Valley Park District. The Fox Valley Park District will appoint their two (2) representatives as needed. As Director’s terms expire or if a vacancy occurs due to death,
resignation, removal, disqualification or other cause, the position shall remain vacant until a new Director is elected by the Fox Valley Park Foundation for the unexpired portion of the term.
REASON FOR BOARD REQUIRED ACTION: Board of Trustee action is required for Park Foundation Board of Directors appointments.
REVIEWED BY OTHERS: Executive Director
FINANCIAL IMPACT: No financial impact.
PRESENTER: President Vaughan
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Robert Vaughan, President
RE: Appointment to the Executive Director Recruitment Committee
RECOMMENDATION: Approve the following appointments to the Fox Valley Park DistrictExecutive Director Recruitment Committee:
Alex Alexandrou Theodia Gillespie
BACKGROUND: With the current Executive Director retiring this year and her last day in the office scheduled for September 30, the Board is currently in the process of recruiting for this position. The job vacancy is posted on the following websites:
National Recreation and Park Association Illinois Park and Recreation Association City Tech Fox Valley Park District
An Executive Director Recruitment Brochure has been developed and is attached to each of these websites for instructions on applying. All resumes and work-related references are to be sent to [email protected], an email at our attorney’s office. The purpose of the Executive Director Recruitment Committee is to work with the attorney’s staff to collect and review all applicant submittals for presentation to the full board.
REASON FOR BOARD REQUIRED ACTION: Board of Trustee action is required for committee appointments.
REVIEWED BY OTHERS: Executive Director
FINANCIAL IMPACT: No financial impact
PRESENTER: President Vaughan
CORRESPONDENCE & ANNOUNCEMENTSAugust 2015
1. Bob Vaughan, President Board of Trustees Announcement of Executive Director retirement celebration.
2. Linda Chapa LaVia – State Representative, 83rd DistrictThank you for maintaining our parks.
3. Aurora Greenfest – Mavis A. Bates, ChairThank you for your sponsorship.
4. Aurora East Educational Foundation Thank you for your support.
5. Review of Orchard Valley Golf Course – Joyce Siciliano Andringa Orchard Valley has made a great comeback!
6. Fox Valley Park District in the NewsVarious recent news article(s) concerning the District.
DATE: August 17, 2015
TO: Honorable Board of Trustees
FROM: Robert Vaughan, President
RE: Executive Director Retirement Celebration
To celebrate Executive Director McCaul’s upcoming retirement, I have begun planning an open house event to recognize this milestone in her life. The details so far are:
Date: Wednesday, September 23Time: 4:30 pm – 7:00 pm (remarks at 5:30 pm)Location: Orchard Valley Golf Course
We are currently working on the invitation list and will have the Marketing department develop an e-invite to send out at the end of the month.
Please let me know if you have any questions or ideas for the party.
