Request for Proposals For Stealth Communication Tower ...

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Request for Proposals For Stealth Communication Tower Installation and Colocation Management AT MULTIPLE SITES ISSUED BY: FOREST PRESERVE DISTRICT OF COOK COUNTY Permits, Rentals and Concessions POSTING DATE: June 18, 2019 DUE DATE: July 25, 2019 Time: 10:00A.M. RFP NO. #19-40-499 Solicitation#19-40-004317

Transcript of Request for Proposals For Stealth Communication Tower ...

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Request for Proposals

For

Stealth Communication Tower Installation and

Colocation Management

AT

MULTIPLE SITES

ISSUED BY:

FOREST PRESERVE DISTRICT OF COOK COUNTY

Permits, Rentals and Concessions

POSTING DATE: June 18, 2019

DUE DATE: July 25, 2019 Time: 10:00A.M.

RFP NO. #19-40-499

Solicitation#19-40-004317

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Table of Contents

1. SCHEDULE ....................................................................................................................................................... 3

2. GENERAL DISCRIPTION AND BACKGROUND ...................................................................................... 3

3. COMPLIANCE ................................................................................................................................................. 3

4. SITE INSPECTIONS ........................................................................................................................................ 4

5. CELL TOWER REQUIREMENTS ................................................................................................................. 4

6. FOREST PRESERVES RESPONSIBILITIES ............................................................................................... 5

7. SUBMISSION REQUIREMENTS ................................................................................................................... 5

8. VENDOR REQUIREMENTS ........................................................................................................................... 6

9. PRE-CONSTRUCTION REQUIREMENTS .................................................................................................. 6

10. CONSTRUCTION MANAGEMENT .............................................................................................................. 6

11. CELL TOWER SUBLICENSES ...................................................................................................................... 7

12. MAINTENANCE ............................................................................................................................................... 7

13. INDEMNITY ...................................................................................................................................................... 7

14. REPORTS AND DOCUMENTATION............................................................................................................ 8

15. TERM.................................................................................................................................................................. 8

16. EVALUATION CRITERIA .............................................................................................................................. 8

17. REVENUE SHARE ........................................................................................................................................... 9

18. EXHIBIT A – COMMUNICATION TOWERS & TALL STRUCTURES POLICY ............................... 10

19. EXHIBIT B – LOCATION AND COORDINATES ..................................................................................... 14

20. INSURANCE REQUIREMENTS ................................................................................................................... 14

21. RFP SUBMISSION INFORMATION AND FORMS ................................................................................... 15

22. NO MBE/WBE COMPLIANCE CONDITION . . . .. . . . . .. . . . . . . .. … . . . . . . … . . .. .. .. . . . .. . .. . . . 17

23. ADDENDUM RECIEPT ................................................................................................................................. 19

24. AGREEMENT.. . .. . . . . . . .. . . . . . .. . . . .. . . .. . .. . . . . . .. . . . .. . .. . . . . .. . . . .. . . .. . . . . . . .. . . . .. . . .. . . .20

25. REQUIRED CERTIFICATIONS TO BE COMPLETED BY THE VENDOR ......................................... 21

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INTRODUCTION

The Forest Preserve District of Cook County (“District”) is seeking proposals from qualified Vendors for all

permitting, site development, preparation, erection, installation and maintenance of a small footprint, self-supporting,

stealth communication tower and related cellular telephone communication equipment (“Cell Tower”) at multiple

sites.

The District previously issued an RFI strictly for the purpose of obtaining knowledge and ideas for potential District

sites which may be conducive for Cell Towers. Cell Tower Sites that were determined to be potentially acceptable to

the District are listed as Exhibit B.

The District is requiring the selected Vendor to fund the installation of a Cell Tower at the multiple District sites along

with accommodating the placement of antenna spaces (Colocation) for cellular telephone communication equipment

for the purposes of being sold to Sublicensees. The responsibility of selling the Colocations shall be the responsibility

of selected Vendor. The parties to any agreement for Colocation shall include the District, Vendor and the

Sublicensee.

Vendors will be considered on the basis of their experience, credentials, design, revenue share and benefit proposals

payable to the District. Respondents interested in providing services to the District are invited to submit a response

to this Request for Proposal (“RFP”).

DISCLAIMER: This is only an RFP. It is not a guarantee on the part of the District that a Vendor will be selected.

All costs incurred by any Vendor in preparing and transmitting a response to this request are solely the responsibility

of the Vendor. The District reserves the right to modify the requirements set forth in this RFP and/or to request

additional information from a Vendor.

Overview of the District and the Permits, Rentals & Concessions Department

The District, with more than 70,000-acres, is the largest forest preserve district of its kind in the United States. It

receives an estimated 40 million visits each year. The mission of the District is “to acquire, restore and manage lands

for the purpose of protecting and preserving public open space with its natural wonders, significant prairies, forests,

wetlands, rivers, streams, and other landscapes with all of its associated wildlife, in a natural state for the education,

pleasure and recreation of the public now and in the future.”

Visitors to the District enjoy nature coupled with bicycling, hiking, fishing, cross-country skiing, picnicking, golf,

canoeing, and many more recreational activities. The Forest Preserves has a number of recreational amenities

including: numerous lakes for boating or fishing, ten sledding hills, six nature centers, five campgrounds, three aquatic

centers, nine model airplane flying fields, ten golf courses, nearly 300 picnic groves, three off-leash dog areas and

more.

The Department of Permits, Rentals and Concessions (“PRC”) is responsible for generating revenue and engagement

by facilitating and permitting these assets. Each year, the PRC Department issues more than 8,000 permits, generating

over $1.25 million on an annual basis. The District’s comprehensive concessions program consists of food, beverage

and recreational vendors, including golf, bike and boat rentals and a zipline course, and brings in over $1,000,000

annually.

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1. SCHEDULE

The District anticipates the following Schedule:

2. GENERAL DISCRIPTION AND BACKGROUND

In order to raise additional non-tax revenue to support our mission of restoring more acres of forest preserve, the

District is considering allowing the installation of a cellular communication tower at multiple cell tower sites listed

herein as Exhibit B (Cell Tower Site(s)).

The District has traditionally rejected requests for installation of cellular communication towers on its lands. However,

in this limited circumstance, the District recognizes the unique opportunity to provide visitors with improved access

to technological communication services and provide the District with a unique revenue source. The opportunity

exists at selected locations due to the fact that said potential site(s) is(are) not of any environmental significance and

is considered by the District to be in a highly disturbed non-natural condition. The District makes no representations

of any kind, adequacy to support Cell Towers, or the appropriateness of the Cell Tower Sites at these locations.

3. COMPLIANCE

Installation, Colocation, upgrading, or modification of any wireless telecommunication facility, tower, or equipment,

shall require a permit from the Cook County Department of Building and Zoning, and shall be subject to the

regulations of the Cook County Building Code 2014 (Section 102-130), Cook County Electoral Code 2014(102-150)

and the 2001 Cook County Zoning Ordinance. The District is not exempt from Zoning requirements. It is the sole

responsibility of the Vendor to determine what zoning requirements apply to the installation of any Cell Tower

including those of Cook County, the District and local municipalities.

In addition to the relevant Federal, State and local laws, Vendors responding to this RFP shall be asked to follow all

applicable requirements described in:

Cook County Code of Ordinances, Chapter 2, Article IV, Division 5 (Inspector General). For convenience only, a

link to such Ordinance is provided: http://library.municode.com/index.aspx?clientId=13805.

Forest Preserve Code of Ordinances, including but not limited to Title 2 and Title 5. For convenience only, a link to

said Ordinance is provided:

https://www.municode.com/library/il/cook_county/codes/forest_preserve

Forest Preserve Policy on Communication Towers, for convenience only, said policy is attached hereto and made a

part hereof this RFP as Exhibit A.

RFP posted to the website June 18, 2019

Vendor Inquiry Deadline July 10, 2019

Proposal Due Date July 25, 2019

Evaluation of Proposals August 5, 2019

Contract Award Date September 5, 2019

Board Approval September 24, 2019

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4. SITE INSPECTIONS

1) Any Vendor who is licensed by the Federal Communications Commission (FCC) to provide wireless

telecommunications service can conduct testing at the Cell Tower Sites while the RFP is posted. The

submission of a certificate of General Liability Insurance in the amount of $1,000,000 indemnifying the

District and listing the District as an additional insured is required prior to a Vendor being granted the

permission to conduct a site visit. Requests to conduct site visits shall be made by emailing

[email protected].

2) Each Vendor will be responsible for determining the adequacy of the structure to support the Vendor’s

equipment, ground apparatus and the suitability of the site for use as a Cell Tower prior to submitting a

response to this RFP.

5. CELL TOWER REQUIREMENTS

1) The location of all proposed equipment shall not interfere with access to or maintenance of the Cell Tower

Sites. All equipment shall be mounted in a separate, freestanding structure adjacent to the facility.

2) The District’s preference is that said Cell Tower(s) conform and adhere to the Communication Towers and

Tall Structures policy referenced herein as Exhibit A. If the Vendor is unable to adhere to the requirements,

deviations should be clearly noted in the Vendor’s RFP response.

3) The Vendor agrees and shall ensure that the installation of its Cellular Tower equipment and its use will not

interfere with the use of the District’s property for any purpose for which the site is being used at the

commencement of any Contract.

4) Colocation of telecommunication Sublicensees shall be required. The awarded Vendor shall make every

effort to accommodate the antenna space needs of other Sublicensees.

5) The Vendor shall assume full responsibility for all utility costs of the antennae and associated apparatus and

pay all costs associated with installation, maintenance, and insurance of equipment and employees or

contractors during construction and throughout the duration of any Contract.

6) The Vendor’s Cell Tower shall be camouflaged and substantially invisible. Furthermore, selection of the

color/style must be approved by the District in advance of installation.

7) No signs or advertisements shall be placed on the Cell Tower.

8) If the Vendor’s Cell Tower causes “measurable interference”, as defined by the FCC, the Vendor shall

eliminate such interference immediately upon notification and shut down the Cell Tower until the problem

is resolved.

9) All improvements, equipment, antennas and conduits shall be at Vendor’s expense and any installation

contractor shall be at the discretion and option of the Vendor. Vendor may have the right to replace, repair,

add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the

frequencies over which the equipment operates during the duration of any Contract.

10) Vendor shall be responsible for obtaining all necessary permits for, and making all improvements to, the Cell

Tower. Vendor will also abide by and follow all local, state and federal regulations.

11) Any damage done to the Cell Tower Site(s) including the Cell Tower during installation or operations, shall

be repaired at Vendor’s expense within 30 days after notification of damage by the District.

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12) Vendor shall be responsible for providing electricity and other utilities to service the Vendor’s Cell Tower at

its sole cost. Under the direction of District, Vendor may, at Vendor cost and expense, tie the Cell Tower

into the electric system serving the Cell Tower Site(s), if available, and will install a separate meter for the

measurement of electricity used or consumed by the Vendor. Vendor shall directly contract with the electric

utility company serving the Cell Tower for the Vendor’s electricity needs and shall promptly pay all of its

electric bills when due and payable. The District shall not be responsible, nor held liable, for any failures or

disruptions of electrical service, whether or not caused by the fault of the District.

6. FOREST PRESERVES RESPONSIBILITIES

1) The District shall permit the Vendor access to District property necessary to perform its obligations under

any Contract.

2) The District may from time to time, but in no event more than twice in any calendar year, audit the Vendor

and Sublicensees to determine compliance with any Contract, including Section 17 (Revenue Share). Vendor

and Sublicensees will cooperate with the District in any such audit, including providing books and records

for inspection, to the District, its auditors and accountants and at such location in Cook County as they may

specify.

3) The District will be responsible for engaging and interacting with the Vendor throughout the duration of any

Contract to ensure operational success.

4) The District is responsible for landscaping, lawn maintenance, tree removal, trails grooming, etc. on the

adjacent exterior of the Cell Tower Sites.

5) The District shall not be responsible for any costs or maintenance of the Cell Tower, as these costs shall be

borne by the Vendor.

7. SUBMISSION REQUIREMENTS

1.) The proposal must minimize the aesthetic impact of Cell Tower equipment installed at the Cell Tower Site(s).

The proposal must indicate a proposed installation, which would be least intrusive in terms of visual impact

by means of camouflage, landscaping or other methods.

2.) Include a list of the locations of all Cell Towers that the Vendor has installed on municipal or state owned

property in Cook County over the past three (3) years, and provide the name, address and telephone number

of the municipality’s or state’s contract administrator for the Cell Tower(s). If the Vendor has not yet

installed facilities in Cook County, it may provide information about comparable Cell Towers, which it has

installed in other states including municipalities’ or state contract administrators contact name and telephone

number.

3.) Vendor shall include a five (5) year estimated revenue projection within their RFP response.

4.) Vendor shall submit a set of scaled drawings of the Cell Tower including specifications on equipment/wiring

etc... including a site plan showing the design of the Cell Tower(s) to be installed, and of any structures to be

erected on the adjacent land, identifying the exact footprint for such structures.

5.) Provide elevations of all buildings and structures; plans, photographs, and computer renderings of how the

Cell Tower(s) will be seen from various locations; and photographs of similar Cell Tower(s).

6.) Description of Cell Tower equipment to be located on the premises, covering ground space needs for

equipment and/or shelter pads.

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7.) Furnish evidence of FCC and any State licenses to operate. Any such cellular communications systems’

transmitters’ and receivers’ frequencies shall not interfere with local radio, TV, public safety, public works,

national defense or similar operations.

8.) Provide a schedule for permitting, construction, and the date of commencement of projected operations.

8. VENDOR REQUIREMENTS

1.) Conduct regular meetings with the PRC Department to discuss financial and operational concerns.

2.) Vendor shall be financially solvent, able to pay its debts as they become due and possesses sufficient working

capital to complete the services required and perform the obligations hereunder.

3.) Vendor shall obtain and apply for all permits necessary to install the Cell Tower(s) within six (6) months

after the execution of any contract, and proceed to construct or install such Cell Tower(s) within three (3)

months after obtaining such permits.

4.) Vendor shall remove the Cell Tower(s) from District property and restore the Cell Tower Site(s) to its original

condition at the end of the term of any Contract.

9. PRE-CONSTRUCTION REQUIREMENTS

1.) Vendor shall provide the District with the following documents and receive approval from the District prior

to any construction taking place on District property:

a. Construction drawings that are signed and sealed by a State of Illinois licensed professional engineer

setting forth a site plan and elevation drawings of the Cell Tower(s).

b. Project schedule for the Cell Tower(s).

c. Photo simulations of what the structures or property looks like now and upon completion of the

erection of the Cell Tower(s).

d. Structural analysis that is signed and sealed by a State of Illinois licensed professional engineer

e. Radio Frequency Interference Study.

2.) The District shall have aesthetic control over the proposed development plan and shall approve all plans and

specifications prior to construction. Such review and approval shall be above and beyond all required review

and approval under applicable federal, state, local laws, rules and regulations.

10. CONSTRUCTION MANAGEMENT

1.) The Vendor shall not be permitted to begin construction or installation of equipment before being awarded

any Contract and obtaining all necessary permits, documentation and approval from the District.

2.) Vendor shall invite the District to attend site and preconstruction visits prior to commencing construction of

any antenna or Cell Tower(s).

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3.) The Vendor shall agree that the designated area in the Cell Tower Site(s) shall be used only for the purpose

of constructing, maintaining and operating a Cell Tower, and equipment facility, if needed, and all necessary

appurtenances, structures, including separate power meter, radio/electronic equipment, connecting cable,

coaxial cables, wires and associated appurtenances. In no instance can the Vendor use the land for any

purpose not directly related to this function. The Cell Tower(s) must be secured in a manner as to address

any reasonable safety, noise, and aesthetic problems raised by the District

4.) Vendor shall be responsible for managing the construction and installation of all new equipment (including

support infrastructure) at the Cell Tower Site(s) pursuant to and during the term of any Contract.

Notwithstanding the foregoing, the Vendor shall comply with the District’s Construction General Terms and

Conditions, as they may be amended from time to time, which is located here. The District reserves the right

to inspect the final installation and shall make a duly authorized representative available for the final Cell

Tower(s) acceptance walkthrough to provide feedback related to construction standards approved at the pre-

construction site visit.

11. CELL TOWER SUBLICENSES

When entering into sublicenses with Sublicensees, the Vendor shall provide a copy of its agreements with the District

to the Sublicensee, and the Sublicensees shall be bound by the terms of any Contract between the District and the

Vendor, and the Vendor shall be directly liable for violations of the sublicense agreements.

12. MAINTENANCE

Vendor shall be solely responsible for maintenance of the Cell Tower(s). Vendor will perform annual ground-based

inspections at the Cell Tower Site(s) which include a visual review of installed equipment on the support structure and

the lowest point of the facility (generally the ground, occasionally a rooftop) where the Cell Tower(s) base station

equipment is located. These inspections are to ensure accuracy of Vendor’s system data related to equipment that has

been approved and licensed for the facility. Any irregularities that are found as a result of these inspections shall be

reported by trouble ticket for further resolution or appropriate action.

13. INDEMNITY

The Vendor agrees to defend, indemnify, keep and save harmless, the District, its agents, officials and employees, against

all injuries, deaths, loss, damage, claims patent, copyright or trademark claims suits, liabilities, judgments, cost or

expenses, including attorneys’ fees which are the result of an error, omission or negligent act of the Vendor, its

employees, agents or subcontractors arising out of or resulting from the performance of work or service under any

Contract between Vendor and District pursuant to this RFP. The Vendor expressly understands and agrees that any

insurance protection required by this RFP shall in no way limit Vendor’s responsibility to indemnify, defend or keep

and save the District, its agents, officials and employees as herein provided.

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14. REPORTS AND DOCUMENTATION

1.) Upon a wireless provider submitting an application to the Vendor for Colocation, the Vendor will prepare a

report that analyzes the structural capacity of the tower and foundation (“Tower Analysis Report”) and a

study of the electronic potential for interference between proposed and existing equipment to determine if

any steps need to be taken to prevent interference (“Inter-modulation Study”) at the Cell Tower.

2.) Vendor shall provide the District with a detailed quarterly financial statement documenting the gross revenue

collected from any Sublicensee during the quarterly reporting period. If more than one (1) Sublicensee is

located at the Cell Tower(s), the amount shall further be broken down to identify the gross revenue received

from the multiple Sublicensees.

3.) Vendor shall provide the District with copies of any agreements entered into with Sublicensees.

4.) Vendor shall provide the District with an annual financial report of the Cell Tower program for each fiscal

year (January 1 – December 31) and submitted to the District no later than February 15th for each year during

the term of any Contract.

15. TERM

Vendor will be provided a ten (10) year contract with three (3) optional five (5) year extension terms.

16. EVALUATION CRITERIA

Responsiveness Review

An internal District evaluation committee that consists of various departments will review all Proposals to

ascertain if they are responsive to all submission requirements. The committee will consider criteria that

includes, but is not limited to:

• Vendor’s experience and qualifications

• MBE/WBE participation

• Alignment to the District’s mission, purpose and environment

• Compliance with the District’s Communication and Tall Structure Policy (attached as Exhibit A),

including:

o Cell Tower height

o Stealth Tower Structure Rendering

o Public access and safety

o Total square footage needed for the Cell Tower(s) and all related cellular communication

equipment and utility connections

• Demonstrated operational and financial capacity of the Vendor

• Financial compensation to the District

Acceptance of Proposals

The District reserves the right to accept the Proposal deemed most favorable to the District.

Evaluation Process

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The evaluation committee, at its discretion, may request that all Vendors submit testimonials from current or

past customers, submit clarifications, schedule a site visit of the Vendor’s premises (as appropriate), provide

additional references, respond to questions, or consider alternative approaches. The District reserves the right

to request one or more Vendor to submit best and final compensation offers.

Vendor Presentations

The District reserves the right to, but is not obligated to, require that each Vendor provide a formal presentation

at a date and time to be determined. If required by the District, it is anticipated that such presentation will not

exceed one hour allowing a half hour for questions.

17. REVENUE SHARE

The District expects to receive a one-time Lump Sum Payment, Annual Base Fee and Annual Sublicense Fee from

the Vendor to be paid within fifteen (15) days from the start of each calendar month for any Contract. Both the Annual

Base Fee and the Annual Sublicense Fee shall increase by three percent (3%) compounded annually. Annual Base

Fees and Annual Sublicensee Fees related to any extension options shall be subject to negotiation six (6) months prior

to the start of each extension option. Please detail your proposed compensation to the District below.

Lump Sum Payment

(Signing Bonus)

Annual Base Fee Annual Sublicensee

Fee (after the first

Sublicensee)

Lump Sum Payment: One-time payment to be paid within thirty (30) days of contract execution for any Contract.

Annual Base Fee: The initial Annual Base Fee shall be paid no less than fifteen (15) days prior to the construction

start date of the Cell Tower(s). Thereafter, the Annual Base Fee proposed by the Vendor shall be paid in equal monthly

installments by the 15th of each month (e.g. the monthly portion of the Annual Base Fee for October shall be paid by

November 15th), and the Annual Base Fee shall increase by three percent (3%) compounded annually on each

anniversary of any contract execution date.

Annual Sublicensee Fee: The Vendor shall pay a separate Sublicensee Fee to the District for each Sublicensee

agreement that Vendor enters. Upon execution of any Sublicensee Agreement, the Vendor shall pay the District the

Annual Sublicensee Fee proposed by the Vendor in equal monthly installments by the 15th of each month, and that

Sublicense Fee shall increase by three percent (3%) compounded annually on each anniversary of the date of

execution.

Late Fee: Any Fee not paid to the District by the due date shall be assessed a five-percent (5%) late fee and shall

bear interest at two percent (2%) per month or (if less) at the highest rate then allowed by law.

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18. EXHIBIT A – COMMUNICATION TOWERS & TALL STRUCTURES POLICY

POLICY

PROCEDURE

GUIDELINES

POLICY NUMBER: 05.00.00.

PAGE NUMBER:

1 of 5

SUBJECT: Communication Towers &

Other Tall Structures Policy

Adopted: 7/6/2015

Latest Revision: 12/8/2015

Next Review:

05.00.00. POLICY STATEMENT

The natural scenic character and beauty of the Forest Preserve District of Cook County (the

“District”) is part of the foundation of the quality of life and economy of the region, long recognized

as a uniquely special and valuable international treasure. This policy is intended to protect the

District’s natural and historical properties and, at the same time, provide guidance for allowing

certain select permanent communication systems on District property consistent with other legal,

policy, and/or other regulations.

05.00.01. PURPOSE

The purpose and intent of this policy is to establish guidelines to regulate the placement and design

of permanent commercial communication towers in order to preserve the unique visual character of

the District and ensures consistency with related laws and regulations related to the development of

commercial communication towers.

05.00.02. REFERENCES

Cook County Building and Environmental Ordinance of 1997

Forest Preserve District of Cook County, Title 2: Forest Preserves Lands & Property

(FPDCC Code Section 2-2-1)

Forest Preserve District of Cook County, Title 2: Forest Preserves Lands & Property

(FPDCC Code Section 2-5: 1-8)

Forest Preserve District of Cook County, Title 5: Public Utilities

(FPDCC Code Section 5-1 & 5-2)

05.00.03. DEFINITIONS

Communications Tower: For purposes of this policy, the term “communications tower” shall be

defined as any structure and/or supporting facility or other equipment that transmits or receives

electromagnetic communication and/or other data.

Other Tall Structures: For purposes of this policy, the term “other tall structures: shall include,

but is not limited to, structures over 100 feet in height above ground level used for communication

towers, wind energy facilities, and other similar structures used for wind energy generation, wind

power, wind turbines, wireless communication facilities, or alternative energy facilities.

05.00.04. SCOPE

The scope of this policy applies to all persons, firms, partnerships, companies, corporations,

municipalities, municipal corporations, special districts, school districts, units of local government,

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the Federal Government, and the State of Illinois, that desire to use, build, locate, or seek ownership

of any telecommunications tower and/or other tall structure on District property.

05.00.05. RESPONSIBILITY

District Employees: District employees are required to comply with this policy.

Land Use Committee: The District Land Use Committee shall be responsible for: (1) the

implementation of this policy; (2) communicating this policy to external entities as

needed/appropriate; and (3) providing recommendations to the General Superintendent and/or

his/her designee.

Office of the General Superintendent: The General Superintendent and/or his/her designee shall

review, and if appropriate approve, recommendations from the District Land Use Committee to be

placed as an agenda item before the District Board of Commissioners.

05.00.06. PROCEDURE

A. OVERVIEW

1. It is the duty of the Land Use Committee to review proposals for use of District lands

including new communication towers and other tall structures. The Land Use Committee

must determine that each proposed communication tower, and/or other tall structure,

requiring District regulatory approval:

• Is consistent with the Cook County Building and Environmental Ordinance, the

District land use ordinance, other District policies and procedures, and license

rules and regulations;

• Is compatible with the character description and purposes, policies and objectives

of the land use area wherein it is proposed to be located; and

• Will not have an undue adverse impact upon the natural, scenic, aesthetic,

ecological, wildlife, historic, recreational or open space resources of the District.

B. PROCEDURES

1. General Policy: No communications tower, other tall structure, or electromagnetic

communication and/or data conductors of electric light or power or gas, telephone or

telegraph, nor any wires, cables, ducts, conduits, pipes, poles, columns, vaults, manholes,

guys or other appurtenances for or relating to the transmission of such utilities, whether

above or below ground, shall be installed, constructed or placed above, across, upon or

beneath the property of the District, by any person without having obtained first the

approval of the District Board of Commissioners authorizing such installation or

construction and a license specifying in detail the work to be done and the conditions to be

fulfilled pursuant to the terms of such resolution.

2. Location Restrictions: New communications towers or other tall structures located within

the District:

• Shall not be located on any District nature preserve, cultural, historical, ecological

sensitive, or restoration areas;

• May be located in secure, operations compounds such as golf facilities,

maintenance facilities, resource management facilities, police facilities, other

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operational facilities that are on highly disturbed non-natural locations as may be

determined from time to time, and/or other District locations where the District

shall receive additional substantial benefits as determined by the Land Use

Committee.

3. Proposals: New tower or other tall structure proposals must be presented to the Land Use

Committee with supporting information regarding the proposed facility location,

alternative support infrastructure, designs and locations and future facility plans adequate

to determine whether the cumulative impacts of the proposed towers and/or additional

facilities will result in undue adverse impacts on the District. Proposals shall also include

revenue shares, co-locator information, tower height, stealthing options, contract duration

and any additional benefits to the District.

• Applicants will be required to provide the best available data and visual

representations in order to maximize District and public understanding of the

proposed project.

• Site requests must attempt to avoid undue adverse impacts, both natural and

ecological, to the District.

• Facilities must also be designed and sited to avoid or minimize impact to nearby

land uses. Co-location of facilities is preferred so long as substantial invisibility

is achieved.

• Governmental emergency communication towers will be handled in the same

manner, with consideration given to the health and safety needs of the public.

4. Substantial Invisibility: Communications towers and other tall structures are expected to

be “substantially invisible”. To the maximum extent practicable, a “substantially invisible”

communication facility and its appurtenant support facilities and access road(s) will not be

readily apparent as to size, composition, or color and the structure(s) will blend with the

background vegetation, other structures or other landscape features as seen from all

significant potential public viewing points and as documented by simulation and other

visual analysis methods.

• Substantial invisibility is intended to be applied on a site-specific basis and may

be achieved by consolidation of existing visual intrusions and/or by the

development of facilities within lawfully existing buildings, and/or by providing

substantial screening or concealment of the structure itself.

• Preferred methods to reduce visibility is to include: concealing any structure by

careful siting, using a topographic or vegetative foreground or backdrop;

minimizing structure height and bulk; using color to blend with surroundings;

using existing buildings to locate facilities whenever possible; using

architecturally compatible buildings to house ground equipment; and otherwise

using best available technology that avoids or minimizes visual impacts.

• When none of the above preferred methods achieve substantial invisibility,

camouflage in scale with the surroundings may be proposed in order to blend the

facility with the visual setting.

5. Emergency Communication Facilities: The District recognizes that the demands of

public health, safety and welfare will involve the upgrade of governmental emergency

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communications facilities. This policy recognizes that such factors should be taken into

consideration along with the other policy guidelines contained herein.

6. Local Government Regulations: Local Governments, and/or other regulatory agencies

also share authority over land uses. It is the responsibility of the entity seeking to do

business with the District to comply with all other laws, regulations, and policies in

addition to the requirements set forth in this policy.

7. Security: The base of the communications tower and related facilities shall be enclosed

by a minimum six (6) foot high fence designed to preclude trespassing. A detailed plan

depicting this requirement shall be submitted to the Land Use Committee for approval in

conjunction with site plan review. District staff should have access to all security related

facilities.

05.00.07. TRAINING REQUIREMENTS

N/A

05.00.08. ACTION PLAN TO COMMUNICATE/DISSEMINATE

1. This policy should be distributed to Senior Staff, Land Use Committee members, relevant staff,

and relevant entities or individuals that seek to do business with the District.

2. This policy should be added to the District shared drive, intranet, and District website.

If you have questions, comments, or suggestions concerning District policies, please contact:

Forest Preserve District of Cook County

Office of the General Superintendent

Attn: Anthony D. Tindall, Policy and Special Projects Manager

69 W. Washington St., Suite 2040

Chicago, IL 60602

Office: (312) 603-8351

Email: [email protected]

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19. EXHIBIT B – LOCATIONS

District Site Name Longitude Latitude Type of Site Link to Site

Northwest Maintenance Division 42°02'47.95

-

88°01'38.03

Maintenance

Division Northwest Maintenance Division

Thorn Creek Maintenance Division 41°34'11.65

-

87°35'43.16

Maintenance

Division

Thorn Creek Maintenance

Division

Indian Boundary Maintenance HQ 41°56'18.50

-

87°50'46.25

Maintenance

Division

Indian Boundary Maintenance

HQ

Harry Semrow Driving Range 42°03'21.27

-

87°53'44.62 Golf Course Harry Semrow Driving Range

Highland Woods Golf Course 42°04'29.12

-

88°05'11.55 Golf Course Highland Woods Golf Course

Forest Preserve Police - Palos 41°39'54.19

-

87°54'35.82 Police Forest Preserve Police - Palos

Meadowlark Golf Course 41°49'56.28

-

87°54'42.89 Golf Course Meadowlark Golf Course

Billy Caldwell Golf Course 41°59'29.62

-

87°45'26.40 Golf Course Billy Caldwell Golf Course

Joe Louis Golf Course 41°39'20.88

-

87°38'36.15 Golf Course Joe Louis Golf Course

Burnham Woods Golf Course 41°38'15.08

-

87°32'15.75 Golf Course Burnham Woods Golf Course

Palos Maintenance Facility 41.70736122

-

87.87340255

Maintenance

Facility Palos Maintenance Facility

20. INSURANCE REQUIREMENTS

The required insurance is described in detail in Article XI of the Agreement which is included in this RFP as

Section 24.

[The remainder of this page shall be left blank intentionally]

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21. RFP SUBMISSION INFORMATION AND FORMS

Deadline for Submittals. Proposals are due July 25, 2019 at 10:00 A.M. Central Time. No proposals will be

accepted after the deadline.

Deadline for Questions & Answers. QUESTIONS MUST BE SUBMITTED BY 12:00 P.M. CENTRAL TIME

on: June 27, 2019 by email to the Purchasing Agent. Questions submitted after this date will not be answered. Any

correction, revision, answer or clarification of the RFP documents will be made only by a written addendum (if

something in the RFP is changed) or a Clarifications/Answers document (if nothing in the RFP is changed). Any

Addenda will be duly posted on the District’s website (www.fpdcc.com) by the Purchasing Agent. Respondents

MUST ACKNOWLEDGE RECEIPT OF EACH ADDENDUM.

Submit Proposals and Questions solely to:

Tom Conlon, Purchasing Agent

69 W. Washington, Room 2060

Chicago, IL 60602

Tel.: (312) 603-8968

[email protected]

Number of Copies and Format: Mail or hand deliver one (1) printed original with signatures and one (1) electronic

copy in pdf format to the Purchasing Agent. All submittals must be formatted to print on 8.5 x 11” letter size paper

and include all information in Part VI. Proposal documents that do not include all required information in the required

format may be deemed non-responsive and rejected by the District from further consideration.

Notice of Decision: Firms will be notified in writing of selection or rejection of the proposal on or around September

5, 2019. The Professional Services Agreement will be executed and delivered to the selected firm shortly after

notification and approval by the District’s Board of Commissioners, if required.

[The remainder of this page shall be left blank intentionally]

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Proposals must include the following required information:

1) Cover Page [see sample cover page attached]

2) Proposal Letter on Vendor letterhead signed by an authorized representative of the Vendor that includes the

following information:

a) An executive summary of the Proposal

b) A brief description of the Vendor, including when established, location of offices and how many employees

c) A brief description of any Vendor partners or sub-Proposers and their role

d) Vendor experience and qualifications to perform the requested services:

i) Key personnel who will perform the work: Names, titles and brief bios (Do NOT include resumes)

e) Capacity to perform the work. Describe other major pending work commitments and capacity to perform the

requested services

f) A detailed Proposal in response to the Scope of Work outlined in Section four highlighting approach, budget

allocation and timeline

g) Contact information for a person who can respond to questions about the proposal

3) Required Forms. Please attach the following required forms:

i) Cover Page – Page 18

ii) Addendum Receipt (if applicable) – Section 23

iii) Agreement – Section 24

iv) Certifications - Section 25

(1) Certificate of Qualification* - Exhibit A

(2) Tax & Fee Delinquency* - Exhibit B

(3) Disclosure of Ownership Interest Statement* - Exhibit C

(4) Disclosure of Lobbyist Contacts – Exhibit D

(5) Affidavit of Child Support Obligations* - Exhibit E

(6) MBE/WBE Utilization Plan (submit only if you plan to utilize a MBE/WBE sub-Vendor) –

Exhibit F

(7) MBE/WBE Letter of Intent (submit only if you plan to utilize a MBE/WBE sub-Vendor) * -

Exhibit G

(8) MBE/WBE Certification – Reciprocal Affidavit* (submit only if certification is by an agency

other than Cook County) – Exhibit H

(9) MBE/WBE Petition for Waiver (submit only if unable to meet MBE/WBE goals) – Exhibit I

[The remainder of this page shall be left blank intentionally]

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22. MBE/WBE COMPLIANCE CONDITIONS

On September 11, 2012, the Board of Commissioners of the Cook County Forest Preserve District adopted an

ordinance relating to Minority- and Women-owned Business Enterprises (Forest Preserve District Code, Title 1

Administration, Chamber 8 District Finances, Section 1-8-5.). This ordinance establishes an overall annual goal of

35% M/WBE participation for the total professional services and consulting services utilized by the District. (Sec. 1-

8-5a(L)3.)

The goals on this project are 0%.

Minority Owned Business Enterprises and Women Owned Business Enterprises that have been certified by the County

of Cook, the City of Chicago, or other national certifying organizations including the National Minority Supplier

Development Council and the Women’s Business Development Council, are encouraged to respond to this Request

for Proposal (“RFP”). Consultants that are not certified by Cook County must meet the following qualifications:

personal net worth (Sec. 1-8-5b(E24) not to exceed $2 million, meets the U.S. Small Business Administration Table

of Small Business Size Standards, and must be located within the Metropolitan Statistical Area for Chicago, as

established by the Bureau of the Census, currently are the counties of Cook, DuPage, Kane, Lake, McHenry and Will.

Consultants must submit a Reciprocal Affidavit with their MBE/WBE Utilization Plan. Vendors that meet the

requirements for and are interested in being certified should contact the Forest Preserve District of Cook County

Contract Compliance Administrator (312.603.8342).

Respondents are required to complete the MBE/WBE forms included in the Required Forms section of this RFP.

Respondents that are certified MBE or WBE Consultants should also submit proof of certification with their

MBE/WBE Utilization Plan.

[End of MBE/WBE Compliance Conditions]

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PROPOSAL COVER PAGE

PREPARED FOR

Forest Preserve District of Cook County

Professional Services Contract

For

Stealth Communication Tower Installation and

Colocation Management

RFP NO. #19-40-499

FIRM NAME:

RECEIVED

THIS AREA FOR DISTRICT USE ONLY

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23. ADDENDUM RECIEPT

COMPLETION OF THIS FORM IS REQUIRED

(if applicable)

The receipt of any addenda to the RFP that were issued on or before the deadline in Section 3 of this RFP is hereby

acknowledged by completing the information below:

Addendum No.___________ Dated: _____________

Addendum No.___________ Dated: ______________

Addendum No.___________ Dated: _____________

Addendum No.___________ Dated: ______________

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24.

XXII - SEVERABILITY

The Parties agree that, to the extent that a court of competent jurisdiction shall determine that any part or provisions

of this Agreement or its incorporated documents are unenforceable as a matter of law, the portion deemed

unenforceable shall be severable and the remainder of this Agreement shall survive and continue in full force and

effect.

IN WITNESS WHEREOF, the Parties have entered into this transaction as of the date referenced above.

Forest Preserve District of Cook County

______________________________________

Toni Preckwinkle, President

Vendor

_____________________________________

President or Designee

______________________________________

Matthew B. DeLeon, Secretary

______________________________________

Title

______________________________________

Arnold Randall General Superintendent

______________________________________

Karen Vaughan, Direction of Permits,

Rental and Concessions

________________________________________

Dennis White, Chief Attorney

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25. REQUIRED CERTIFICATIONS TO BE COMPLETED BY THE VENDOR

1) Key Personnel (Vendors to Insert Key Personnel List Here - Attachment A

2) Certificate of Qualification* - Attachment B

3) Tax & Fee Delinquency* - Attachment C

4) Disclosure of Ownership Interest Statement* – Attachment D

5) Disclosure of Lobbyist Contacts* - Attachment E

6) Affidavit of Child Support Obligations* – Attachment - F

7) Familial Disclosure Form* – Attachment - G

8) Insurance Requirements – Attachment – H

9) Sample Professional Service Agreement – Attachment I

*=must be notarized

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Attachment A

KEY PERSONNEL

[VENDORS TO INSERT KEY PERSONNEL LIST HERE)

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CERTIFICATE OF QUALIFICATION – ATTACHMENT B

COMPLETION OF THIS FORM IS REQUIRED

The following certifications are made pursuant to state law and District ordinances (Section 1-8-2(A)(2)). Vendor is

cautioned to carefully read these certifications prior to execution of this Contract. Execution of this Contract shall

constitute affirmation of these certifications and shall also constitute a warranty by vendor that all the statements set

forth within these certifications are true and correct statements of the vendor. Vendor is hereby notified that failure

to execute these certifications shall result in disqualification from eligibility for the award of this Contact. Vendor is

further notified that in the event the District learns that any of the following certifications were falsely made, this

Contract shall be subject to termination.

No person or business entity shall be awarded a contract or sub-contract, for a period of five (5) years from the date

of conviction or entry of a plea of nolo contendere or admission of guilt, if that person or business entity:

1. has been convicted of an act committed, within the State of Illinois, of bribery or attempting to bribe an officer or

employee of a unit of state or local government or school district in the State of Illinois in that officer’s or

employee’s official capacity; or

2. has been convicted of an act committed, within the State of Illinois, of bid-rigging or attempting to rig bids as

defined in the Sherman Anti-Trust Act (15 U.S.C. 1-7) and Clayton Act (15 U.S.C. 12-27; 29 U.S.C. 52-53); or

3. has been convicted of bid-rigging or attempting to rig bids under the laws of the State of Illinois; or

4. has been convicted of an act committed, within the State of Illinois, of price-fixing or attempting to fix prices as

defined by the Sherman Anti-Trust Act (15 U.S.C. 1-7) and Clayton Act (15 U.S.C. 12-27; 29 U.S.C. 52-53); or

5. has been convicted of price fixing or attempting to fix prices under the laws of the State of Illinois; or

6. has been convicted of defrauding or attempting to defraud any unit of state or local government or school district

within the State of Illinois; or

7. Has been adjudicated guilty or liable in any judicial or administrative proceeding of committing a repeated or

willful violation of the Illinois Wage Payment and Collection Act, 820 ILCS 115/1 et seq., Illinois Minimum Wage

Act, 820 ILCS 105/1 et seq., the Illinois Worker Adjustment and Retraining Notification Act, 820 ILCS 65/1 et seq.,

the Employee Classification Act, 820 ILCS 185/1 et seq., the Fair Labor Standards Act of 1938, 29 U.S.C. 201, et

seq., or any comparable state statute or regulation of any state, which governs the payment of wages; or

8. has been convicted of violations of any other federal, state or local laws, including but not limited to violations of

contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act

(OSHA), the National Labor Relations Act (NLRA), or federal Davis-Bacon and related Acts; or

9. has made an admission of guilt of such conduct as set forth in subsection (1) through (7) above which admission

is a matter of record, whether or not such person or business entity was subject to prosecution for the offense or

offenses admitted to; or

10. has entered a plea of nolo contendere to charges of bribery, price fixing, bid-rigging, fraud, or wage theft as set

forth in sub paragraphs (1) through (7) above.

I, _____________________________________ of _________________________,

(TITLE) (VENDOR)

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do hereby affirm by checking each item below that the following is true and correct to the best of my knowledge:

___ Bidder has not been convicted, or entered a plea of nolo contendere, or made an admission of guilt to any act

described in the identified Ordinance (Section 1-8-2(A)(2)) of the Forest Preserve District of Cook County.

___ The owner, partner or shareholder who controls, directly or indirectly, Twenty Percent (20%) or more of the

business or offices of the business entity has not been convicted or entered a plea of nolo contendere or made an

admission of guilt to any act described in the identified Ordinance.

___ Bidder does not employ an officer, any individual who was an officer of another business entity at the time the

latter business entity committed a disqualifying act described in the identified Ordinance.

___ Bidder does not have an owner who controls, directly, Twenty Percent (20%) or more of the business who was

an owner who, directly or indirectly, controlled Twenty Percent (20%) of another business entity at the time the

latter committed a disqualifying act described in the identified Ordinance.

____________________________________________

(SIGNATURE)

State of Illinois

County of _________________

Subscribed and sworn to

before me this _____ day of _____________, 20______.

Notary Public: ________________________________

(Signature & Seal)

Notary Public: ________________________________

(Signature & Seal)

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TAX AND FEE DELINQUENCY – ATTACHMENT C

COMPLETION OF THIS FORM IS REQUIRED

In an Ordinance approved by the Forest Preserve District of Cook County Board of Commissioners on March 3,

1993, it is provided that:

1. DISQUALIFICATION FOR TAX AND FEE DELINQUENCY

No person or business entity shall be awarded a contract or subcontract for goods or services with the District if

such person or business entity is delinquent in the payment of any tax levied by or fee charged by the District.

No person or business entity will be prohibited from entering into a contract or subcontract with the District

pursuant to the foregoing sentence if such individual or entity is contesting, in accordance with the appropriate

procedures, its liability for the tax or fee or the amount of the tax or fee, and if such person or business entity

shows proof of the contest to the District.

2. STATEMENT UNDER OATH

Before awarding a contract or subcontract for goods or services, the District shall obtain a statement under oath

from the person or business entity that none of the taxes or fees contested, or other taxes or fees, are delinquent.

3. FALSE STATEMENTS

The effect of any person or entity making a false statement under oath shall be to entitle the District to set off a

portion of the contract sum equal to the amount of the tax or fee delinquency. In addition, a twenty-five percent

penalty on the amount of the tax or fee delinquency shall be imposed. Making a false statement under oath

regarding delinquency shall be a misdemeanor, punishable by a fine of $100.00.

4. DELINQUENCY DURING PENDENCY OF CONTRACT

If during the existence of any contract or subcontract for goods or services between the District and any person

or business entity such person or business shall become delinquent for non-payment of taxes levied by or fees

charged by the District, the District shall be entitled to set off a portion of the contract sum equal to the amount

of the tax and fee delinquency, and impose a twenty-five percent penalty on the amount of the delinquent tax or

fee.

5. APPLICABILITY

This Section 1-8-2.D. applies to all contracts and subcontracts for goods and services, including; personal

services contracts, contracts which are awarded on the basis of a bidding process; contracts which are not

awarded on the basis of a bidding process; contracts which originate under the authority of the Purchasing Agent

of the District; and contracts originate

from any other office or department of the District. For purposes of Section 1-8-2. (D)., "taxes levied and fees

imposed" by the District shall mean any and all taxes or fees which are levied, imposed or collected by or on

behalf of the District, its officials, or departments, including but not limited to taxes levied on real estate, and

fees and charges imposed by ordinance or by law which are payable to the District, or an office or department of

the District, for any permit, license, service or any other purpose.

Taxes and fees shall be construed to include any and all interest and penalties authorized or imposed by law or

by ordinance for a late payment or non-payment of taxes or fees. Taxes or fees shall be considered delinquent if

a claim, notice or demand for payment has been made for such taxes or fees by or on behalf of the District, the

County of Cook, the State of Illinois, the United States of America, or any of their officers or agencies, boards,

commissions, or departments without timely payment, except in those cases where authorized procedures for

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protesting or contesting such taxes or fees have been timely and properly initiated and where such protest or

contest remains pending.

I, ____________________________________________, the__________________________

(NAME) (TITLE)

of ___________________________________________, having been duly sworn to state the

(BIDDER)

truth, do hereby affirm that the following is true and correct to the best of my knowledge:

1. ___________________________________________ , is/are not an owner(s) of real

(BIDDER)

property in Cook County, or a party responsible for the payment of any tax or fee owed to the Forest Preserve

District of Cook County, for which such tax or fee is delinquent; OR

2. The following is a complete list of real estate owned by ______________________

(BIDDER)

in Cook County (list Permanent Index Numbers):

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

___________________________________ ________________________________

(Signature) (Office/Title)

Subscribed to before me this _______________ day of ______________, 20____.

______________________________________________________

NOTARY SEAL & SIGNATURE

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DISCLOUSURE OF OWNERSHIP INTEREST STATEMENT – ATTACHMENT D

COMPLETION OF THIS FORM IS REQUIRED

This Statement is being made by: [__] applicant or [__ ] Stock / Beneficial Interest Holder

This Statement is an: [__] Original Statement or [__] Amended Statement

Identifying information:

Name__________________________ D/B/A: ___________________ EIN NO: ___________

Street Address: ______________________________________________________________

City: ________________________________State:_______________ Zip Code_______

Phone No: ____________________________

The Forest Preserve District of Cook County requires that any Applicant for any District action must disclose information

concerning ownership interests in the Applicant. This Disclosure of Ownership Interest Statement must be completed with all

information current as of the date this Statement is signed. Furthermore, this “Statement” must be kept current, by filing an

amended Statement, until such time as the District shall take action on the application. The information contained in this

Statement will be maintained in a database and made available for public viewing.

If you are asked to list names, but there are no applicable names to list, you must state NONE. An incomplete Statement will be

returned and any action regarding this contract will be delayed. A failure to fully comply with the ordinance may result in the

action taken by the District being voided.

“applicant” means any entity or person making an application to the District for any District Action.”

“District Action” means any action by the District or, a District Department, regarding an ordinance or ordinance amendment,

a District approval, with respect to contracts, leases, or sale or beneficiaries thereof.

This Disclosure of Ownership Interest Statement must be submitted by:

1. An applicant for District Action and

2. An individual or Legal Entity that holds stock or a beneficial interest in the applicant and

Is listed on the applicant’s Statement (a “Holder”) must file a Statement and complete section #1 only under Ownership

Interest Declaration.

Please print or type responses clearly and legibly. Add additional pages if needed, being careful to identify each portion of the

form to which each additional page refers

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Form of Legal Entity:

[ ] Sole Proprietor [ ] Partnership [ ] Corporation [ ] Trustee of Land Trust

[ ] Business Trust [ ] Estate [ ] Association [ ] Joint Venture

[ ] Other (describe) _____________________________

Ownership interest Declaration:

1. List the name(s), address, and percent ownership of each individual and each Entity having a legal or

beneficial interest (including ownership) of more than five percent (5%) in the applicant/Holder.

Name Address Percentage Interest in

applicant / Holder

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

2. If the interest of any individual or any Entity listed in (1) above is held as an agent or agents, or a

nominee or nominees, list the name and address of the principal on whose behalf the interest is held.

Name of Agent / Nominee Name of Principal Principal’s Address

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

3. Is the applicant constructively controlled by another person or Legal Entity? [__] Yes [__ ] No

If yes, state the name, address and percentage of beneficial interest of such person or legal entity, and the

relationship under which such control is being or may be exercised.

Name Address Percentage of Beneficial Interest Relationship

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Declaration (check the applicable box):

[___] I state under oath that the applicant has withheld no disclosure as to ownership interest in the applicant

nor reserved any information, data or plan as to the intended use or purpose for which the applicant seeks

County Board or other County Agency action.

[___] I state under oath that the Holder has withheld no disclosure as to ownership interest nor reserved any

information required to be disclosed.

___________________________________________________ _____________________________

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Name of Authorized applicant/Holder Representative

(please Print or Type) Title

____________________________________________________ _____________________________

Signature Date

___________________________________________________ _____________________________

E-mail address Phone Number

Subscribed to and sworn before me

This _________day of ______, 20____. My commission expires: _____________

X_______________________________________

Notary Public Signature & Seal

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DISCLOSURE OF LOBBYIST CONTACTS – ATTACHMENT E

COMPLETION OF THIS FORM IS REQUIRED

List all persons or entities, which have made lobbying contacts on your behalf, with respect to, this contract.

Name Address

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Not Applicable

Signature of Authorized Representative:

______________________________

(Signature)

_____________________________

(Office/Title)

State of Illinois

County of _________________

Subscribed and sworn to

before me this _____ day of _____________, 20______.

Notary Public: ________________________________

(Signature & Seal)

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AFFIDAVIT OF CHILD SUPPORT OBLIGATIONS ATTACHMENT F

COMPLETION OF THIS FORM IS REQUIRED

Section 1-8-2(U) of the code provides that every applicant for a Forest Preserve District of Cook County Privilege

shall be in full compliance with any Child Support Order before such applicant is entitled to receive or renew a

District Privilege. When Delinquent Child Support exists, the District not issue or renew any District Privilege,

and may revoke any District Privilege.

“applicant” means any person or business entity, including all Substantial Owners, seeking issuance of a District

Privilege or renewal of an existing District Privilege from the Forest Preserve. This term shall not include any

political subdivision of the federal or state government, including units of local government, and not-for-profit

organizations.

“District Privilege” means any business license, including but not limited to liquor dealers’ licenses, packaged

goods licenses, tavern licenses, restaurant licenses, and gun licenses; real property licenses or lease; permit,

including but not limited to building permits, zoning permits or approvals; environmental certificate; and contracts

exceeding the value of $25,000.

“Substantial Owner” means any person or persons who own or hold a twenty-five percent (25%) or more

percentage of interest in any business entity seeking a District Privilege, including those shareholders, general or

limited partners, beneficiaries and principals; except where a business entity is an individual or sole proprietorship,

Substantial Owner means that individual or sole proprietor.

All applicants/Substantial Owners are required to complete this affidavit and comply with the Child Support

Enforcement Ordinance before any privilege is granted. Signature of this form constitutes a certification that the

information provided below is correct and complete, and that the individual(s) signing this form has/have personal

knowledge of such information.

Privilege Information

District: _________________________________________ District’s Department:

_________________________________

Applicant Information

Last Name: _________________________________________ First Name:

______________________________ MI: _____

SS# (last four digits): ___ ___ ___ ___ Date of Birth: ____________________

Street Address: ________________________________________________________________________

City: ________________________________________________ State: _____________

Zip:______________________

Home Phone #: ( ) - Driver’s License #:

Child Support Obligation Information

The undersigned applicant, being duly sworn on oath or affirmation hereby states that, to the best of my

knowledge: (place an “X” next to “A”, “B”, “C”, or “D”)

A. ____ The applicant has no judicially or administratively ordered child support obligations.

B. ____ The applicant has an outstanding judicially or administratively ordered obligation, but is paying in

accordance with the terms of the order.

C. ____ The applicant is delinquent in paying judicially or administratively ordered child support

obligations.

D. ____ The applicant is not a substantial owner as defined above.

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The undersigned applicant understands that failure to disclose any judicially or administratively ordered child

support debt owed will be grounds for revoking the privilege.

Signature: ________________________________________________ Date:

____________________________

Subscribed and sworn to before me this _________ day of __________________________, 20_______

Notary Public _______________________________________

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FAMILIAL DISCLOSURE FORM - Attachment G

The evaluation process for responses to this RFP is intended to be free from any conflict of interest that may prevent an objective evaluation. The person responding to this RFP must disclose his or her familial relationships with employees and appointed or elected officials of the Forest Preserves of Cook County (the “Forest Preserve”). If the submitting party is a business entity, then the business entity must disclose the familial relationships with the Forest Preserve’s employees and appointed/elected officials by the individuals who are and, during the year prior to the submission of this RFP, were: • Members of the entity’s board of directors, • Officers or partners of the entity, • Employees or independent contractors responsible for the general administration of the entity, • Agents authorized to execute documents on behalf of the entity, and • Employees who will be directly engaged in doing work with/for the Forest Preserve on behalf of the entity. “Familial relationship” means a person who is a spouse, domestic partner or civil union partner of a Forest Preserve employee or elected/appointed official, or any person who is related to such an employee or official, whether by blood, marriage or adoption. Disclose any familial relationships here: ________________________________________________________________________

________________________________________________________________________ ________________________________________________________________________

Not Applicable

Signature of Authorized Representative:

_________________________________

(Signature)

_________________________________

(Office/Title)

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Insurance Requirements Attachment H

Waiver of Subrogation and Insurance Requirements

Subrogation and Waiver

The Consultant shall require their insurers to waive their rights of recovery, under subrogation or otherwise,

against the District, District’s Board of Commissioners and employees of the District.

The Consultant shall waive its rights of recovery against District, District’s Board of Commissioners and

employees of District which Consultant may have because of deductibles or inadequacy of limits of any

policies of insurance that are in any way related to the work.

Insurance Requirements of the Consultant

Prior to the effective date of this Contract, the Consultant, at its cost, shall secure and maintain at all times,

unless specified otherwise, until completion of the term of this Contract the insurance specified below.

Nothing contained in these insurance requirements is to be construed as limiting the extent of the Consultant's

responsibility for payment of damages resulting from its operations under this Contract. All policies required

shall be on a primary and non-contributory basis with respect to any insurance or self-insurance programs

carried or administered by the District.

The Consultant'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 limits of liability shall be as stated below, unless, prior to the effective date of this Contract, written

approval is granted by the District’s Purchasing Agent for variance from those limits.

Consultant shall require all Subconsultants to provide the insurance required in this Agreement, or Consultant

may provide the coverage for them. All Subconsultants are subject to the same insurance requirements as

Consultant.

Coverages

(a) Workers Compensation Insurance

Workers' Compensation shall be in accordance with the laws of the State of Illinois or any other applicable

jurisdiction.

The Workers Compensation policy shall also include the following provisions:

(1) Employers' Liability coverage with a limit of

$500,000 each Accident

$500,000 each Employee

$500,000 Policy Limit for Disease

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(2) Broad form all states coverage

(b) Commercial General Liability Insurance

The Commercial General Liability shall be on an occurrence form basis to cover bodily injury and property

damage including loss of use.

General Liability limits shall not be less than $1,000,000 per occurrence and $2,000,000 aggregate combined

single limit for bodily injury and property damage. The General Liability policy shall include, without

limitation, the following coverages:

(a) All premises and operations;

(b) Independent Contractor's Protection Liability;

(c) Contractual Liability;

(d) Products/Completed Operations;

(e) Broad Form Property Damage Liability;

(f ) Cross Liability.

(c) Commercial Automobile Liability Insurance

When any motor vehicles are used in connection with the Services to be performed, Consultant shall secure

Commercial Automobile Liability Insurance to cover all owned, non-owned and hired automobiles, trucks and

trailers. The Commercial Automobile Liability Insurance limits shall not be less than the following:

(a) Liability - All Autos: Bodily Injury & Property Damage - $1,000,000 per Occurrence

(b) Uninsured/Underinsured Motorists: Per Illinois Requirements

(d) Umbrella/Excess Liability Insurance

In addition to the limits specified above, Consultant shall secure and maintain additional limits in the amount

necessary to increase the overall coverage to $3,000,000 each occurrence for all liability.

(e) Professional Errors & Omissions Insurance

Consultant shall secure Professional Liability insurance covering any and all claims arising out of the

performance or nonperformance of professional services for the District under this Agreement. This

professional liability insurance shall remain in force for the life of the Consultant’s obligations under this

Agreement and shall have a limit of liability of not less than $2,000,000 with a deductible of not more than

$100,000. If any such policy is written on a claim made form, the retroactive date shall be prior to or coincident

with the effective date of this contract. Claims made form coverage shall be maintained by the Consultant for a

minimum of three years following the expiration or early termination of this contract and the Consultant shall

annually provide the District with proof of renewal.

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Additional requirements

(a) Additional Insured

Cook County Forest Preserve District, its officials, employees and agents shall be named as additional insureds

under the Commercial General Liability, Automobile and Umbrella/Excess insurance policies.

(b) Qualification of Insurers

All insurance companies providing coverage shall be licensed or approved by the Department of Insurance,

State of Illinois, and shall have a financial rating no lower than (A-) VII as listed in A.M. Best's Key Rating

Guide, current edition or interim report. Companies with ratings lower than (A-) VII will be acceptable only

upon written consent of the District Purchasing Agent.

(c) Insurance Notices

All policies of insurance which may be required under terms of this Contract shall be endorsed to provide that

the insurance company shall notify the District’s Purchasing Agent at least 30 days prior to the effective date of

any cancellation or modification of such policies. Prior to the date on which Consultant commences

performance of its part of the work, Consultant shall furnish to the District certificates of insurance maintained

by Consultant. The receipt of any certificate of insurance does not constitute agreement by the District that the

insurance requirements have been fully met or that the insurance policies indicated on the certificate of

insurance are in compliance with insurance required above.

In no event shall any failure of the District to receive certificates of insurance required hereof or to demand

receipt of such Certificates of Insurance be construed as a waiver of Consultant's obligations to obtain insurance

pursuant to these insurance requirements.

The District maintains the right to modify, delete, alter or change these insurance requirements.

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Attachment I

SAMPLE PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (this “Agreement”) is

made and entered into as of this ______ day of ______, 20__ (the “Effective Date”) by and between the Forest

Preserve District of Cook County (hereinafter referred to as "District") and _____________ (hereinafter referred

to as “Contractor”).

I - AGREEMENT

This Agreement is comprised of this basic Agreement, the Description of Services and Costs attached hereto and

made a part hereof as Attachment 1, the Certificate of Qualification attached hereto and made a part hereof as

Attachment 2, the Tax and Fee Delinquency Certification attached hereto and made a part hereof as Attachment

3, the Disclosure of Ownership Interest Statement attached hereto and made a part hereof as Attachment 4, the

Disclosure of Lobbyist Contacts attached hereto and made a part hereof as Attachment 5, the Familial Disclosure

Form attached hereto and made part hereof as Attachment 6, the Insurance Requirements attached hereto and

made part hereof as Attachment 7, the Addenda Acknowledgement Form attached hereto and made part hereof

as Attachment 8, and the Affidavit of Child Support Obligations (on file with District’s Purchasing Agent)

attached hereto and made part hereof as Attachment 9.

This Agreement sets forth the entire understanding of the parties relative to the subject hereof and supersedes any

and all prior agreements, expressed or implied, oral or written. Changes, extensions or modifications to this

Agreement shall only be made by mutual agreement by and between the parties and shall be in writing. For

purposes of this Agreement, with respect to Contractor, the terms subcontractor and sub consultant shall be used

interchangeably and shall mean an individual or business entity contracted by Contractor to provide services

related to or part of those which Contractor shall provide under this Agreement on behalf of the District.

II APPOINTMENT

The District does hereby appoint Contractor to perform the services as described in Attachment 1 (“Services”)

commencing on the Effective Date.

Contractor hereby represents and warrants that the employees, officers, agents and subcontractors of Contractor

who will perform the Services will, during the term of this Agreement, be fully qualified, licensed as required,

and skilled to perform the Services.

Contractor hereby represents and warrants that its performance of the Services will be in accordance with industry

standards and consistent with its Proposal for ___________, RFP No.__________, dated _______ .

III - SCOPE OF SERVICES

The scope of services shall be the Services, as that term is defined above. Contractor shall report to the District’s

____________________.

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IV – TERM

This Agreement shall continue from ________, to _______, unless terminated by either party in accordance with

Article VIII (Default) or Article IX (Termination) below.

V DUTIES OF DISTRICT

The District shall cooperate and furnish to Contractor, upon request, information in the District's possession and

necessary for Contractor to perform the Services hereunder. The District shall, upon notice, permit Contractor

access to District sites necessary to perform its obligations under this Agreement.

VI COMPENSATION

The total aggregate amount to be paid for performance of the Services including reimbursable expenses shall not

exceed $______. If there is any mutually agreed upon amendment to this Agreement to increase the amount of

compensation, any increase shall not cause the total value of this Agreement to exceed $25,000 without the

consent of the Purchasing Agent. Compensation will be based upon reimbursement for time incurred at hourly

rates set forth in Attachment 1. Notwithstanding any amounts set forth in this Agreement, reimbursable expenses

shall be limited to amounts which are customary, reasonable and necessary, and under no circumstances shall

include any additional amounts for general overhead or administrative expenses. Invoices shall be presented by

Contractor at the end of each month to the District's ______________ and to the Finance Department at

[email protected]. The District shall notify Contractor if an invoice is not in order. All invoices

submitted by Contractor for payment shall be paid by the District within 60 days of receipt complete with all

requested documentation. The District shall have the right to examine the books and records of Contractor for the

purpose of auditing the same with reference to all charges made to the District.

As a unit of local government, the District is not subject to certain taxes. The District’s Illinois Department of

Revenue tax exemption number for the District is E-9997-8636-07. Upon request, the District will provide a

Federal Excise Tax Exemption Certificate.

Subject to Article XVIII, if Contractor engages any subcontractors to perform any Services, Contractor shall not

markup the services performed by such subcontractors. In addition, Contractor shall pay any such subcontractor

within ten (10) business days of Contractor’s receipt of payment by District for undisputed services provided by

such subcontractor.

VII NOTICES

Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing at the

addresses set forth below, by any of the following means: (a) personal service during regular business hours; (b)

facsimile or e-mail transmission during regular business hours; (c) overnight courier; or (d) first class U.S. mail

properly addressed with postage prepaid and deposited in the U. S. Mail. Any notice, demand or request served

personally or by facsimile or e-mail transmission as aforesaid shall be effective upon receipt. Any notice, demand

or request served by overnight courier shall be deemed received on the business day immediately following

deposit with the overnight courier. Any notice, demand or request served by first class U.S. mail shall be deemed

received two (2) business days following deposit in the mail. Notices shall be served at the following addresses

or at such other places as the parties may from time to time designate in writing by notice given

hereunder8.13. [Field].Notices[Field]

If to Contractor: [INSERT COMPANY

ADDRESS

CITY STATE

NAME

EMAIL

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FAX]

If to District: Forest Preserve District of Cook County

69 W. Washington, Suite 2060

Chicago, Illinois 60602

Attention: [INSERT NAME, TITLE]

[INSERT E-MAIL]

[INSERT FACSIMILE]

With a copy to: Forest Preserve District of Cook County

69 W. Washington, Suite 2010

Chicago, Illinois 60602

Attention: Dennis White, Chief Attorney

[email protected]

312-603-9850 (Facsimile)

VIII - DEFAULT

If Contractor breaches any of its material obligations under this Agreement and has failed to cure such breach

within thirty (30) calendar days after receipt of notice specifying such breach, the District may terminate this

Agreement by notice in writing, which shall be effective immediately upon receipt.

If the District shall terminate this Agreement under the preceding paragraph, or if this Agreement is terminated

under Article IX or otherwise, Contractor shall deliver to the District within ten (10) calendar days all finished or

unfinished documents, data, studies and reports prepared by Contractor for delivery to the District under this

Agreement. The provisions of this Article VIII shall survive termination or expiration of this Agreement.

IX - TERMINATION

The District may terminate this Agreement, for reasons other than a material breach at any time by giving 30

days’ notice of termination in writing from the District to Contractor. Payment for Services performed up to the

effective date of termination pursuant to this Article shall be based on the actual Services performed by

Contractor, as approved by the District’s _________________. Such payment shall be in full settlement for

Services rendered under this Agreement.

X - INDEMNIFICATION AND HOLD HARMLESS

Contractor agrees to defend, indemnify, keep and save harmless, the District, its agents, officials and employees,

against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, cost or expenses, including

reasonable attorneys’ fees, which are the result of an error, omission, or willful or negligent act of Contractor, or

any of its employees, officials, agents or subcontractors arising out of or resulting from the performance of the

Services under this Agreement. Contractor expressly understands and agrees that any performance bond or

insurance protection required in this Agreement shall in no way limit its responsibility to indemnify, defend or

keep and save the District, its agents, officials and employees as herein provided. The provisions of this Article

X shall survive the termination or expiration of this Agreement.

XI - INSURANCE

Contractor shall comply with all insurance requirements described in Attachment 7.

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XII - NONDISCRIMINATION

Contractor, in performing under this Agreement, shall not discriminate against any worker, employee or applicant,

or any member of the public, because of race, creed, color, religion, age, sex, marital status, disability, national

origin, status of discharge from military, or other protected status, nor shall Contractor otherwise commit an unfair

employment practice.

XIII – MBE/WBE PROGRAM

If this Agreement is modified by agreement of both parties and such modification results in this Agreement

exceeding $25,000, then Contractor agrees that it shall comply with the District’s Code Section 1-8-5; Minority

and Women Owned Business Enterprises. The contract value may not be modified to exceed $25,000 without

the consent of the Purchasing Agent.

XIV - INDEPENDENT CONTRACTORS

District and Contractor shall each be deemed to be an independent contractor and shall not be considered or

permitted to be an agent, servant, in a joint venture, or partner of the other party. Each agrees to take such steps

as may be necessary so that each of their subcontractors will be deemed to be an independent contractor and will

not be considered or permitted to be an agent, servant, in a joint venture or partner of the other party hereto. All

persons furnished, used, retained or hired by or on behalf of each party hereto or any of their respective

subcontractors shall be considered to be solely the employees or agents of the respective party or such sub-

contractor, and each party hereto shall be responsible for payment of any and all unemployment, social security,

and other payroll taxes for such persons to the extent required by law.

Contractor acknowledges and understands that no District employee or any agent acting on behalf of the District,

may participate in or attempt to influence, based on political reasons or factors, the hiring decisions of Contractor

with respect to work performed under this Agreement and that Contractor is obligated to report any and all known

or suspected attempts or efforts to do so by any District employee or agent acting on behalf of the District to the

Office of the Independent Inspector General of Cook County.

XV - ACCESS TO BOOKS AND RECORDS

The District and Contractor will permit any regulatory agency and its representatives authorized by the District

to have access to all data and records relating to the nature and extent of cost of Services provided under this

Agreement until four (4) years after the furnishing of such Services. Both parties will provide this access to books

and records in accordance with the Social Security Act and regulations. If Contractor carries out the requirements

of this Agreement through a subcontract with a value of Ten Thousand Dollars ($10,000) or more, over a 12

month period, Contractor will include this right of access to books and records in each subcontract. This provision

relating to the retention and production of documents is included because of possible application of Section

1861(v) (1)(I) of the Social Security Act and Section 952 of the Omnibus Reconciliation Act of 1980 to this

Agreement. If such provisions should be found to be inapplicable, then this clause shall be deemed to be

inoperative and without force and effect. The provisions of this Article shall survive the termination or expiration

of this Agreement.

XVI - COMPLIANCE WITH LAWS

Contractor shall observe and comply with the laws, ordinances, regulations and codes of the Federal, State,

County, District and other local government agencies, which may in any manner affect the performance of this

Agreement, including without limitation, all applicable requirements described in the Cook County Code of

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Ordinances, Chapter 2, Article IV, Division 5 (Inspector General) and adopted by the District pursuant to the

District’s Code of Ordinances, Title 1, Chapter 17 – Office of the Independent Inspector General. Assurance of

compliance with these requirements by Contractor's employees, agents or subcontractors shall be the

responsibility of Contractor. Contractor shall obtain any and all necessary permits, licenses and other

authorizations necessary for its performance under this Agreement. In executing this Agreement, Contractor shall

be required to execute the Certificate of Qualification attached hereto as Attachment 2 and made a part hereof.

XVII GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue

shall be proper only in a court of competent jurisdiction located within the County of Cook, Illinois.

XVIII ASSIGNMENT/BINDING EFFECT

No right or interest in this Agreement shall be assigned by Contractor to any third party, or any part of the

Agreement subcontracted, without the advance written consent of the District, which may be withheld in the

District's sole discretion. District reserves the right to impose reasonable conditions precedent to giving any such

consent, including but not limited to insurance and surety bond coverage. Notwithstanding District consent to

assign or subcontract, Contractor shall not be relieved of its obligations under this Agreement. Contractor shall

not transfer or assign any claim for funds due or to become due, without the advance written approval of the

District, which approval shall not be unreasonably withheld.

XIX - OWNERSHIP OF DOCUMENTS / CONFIDENTIALITY

Subject to any third party intellectual property rights, all originals, duplicates and negatives of all plans, drawings,

reports, photographs, charts, programs, models, specimens, specifications, data bases and other documents or

materials required to be furnished by the District or Contractor hereunder, including drafts and reproduction

copies thereof, shall be and remain the exclusive property of District, and District shall have the unlimited right

to publish and use all or any part of the same without payment of any additional royalty, charge, or other

compensation to Contractor. Upon the termination of this Agreement, or upon request of District, during any

stage of the Services, Contractor shall promptly deliver all such materials to District. Contractor shall not publish,

transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or

any part of such reports and other documents, including working papers, without the prior written approval of

District, provided, however, that Contractor may retain copies of the same for Contractor's own general

reference.

Contractor agrees not to disclose to any third party, without the District’s prior written consent, any information

gathered from or on behalf of any District employee, officer, or agent (“Confidential Information”). If required

by law to disclose such Confidential Information, Contractor shall provide as much advance notice as possible of

such disclosure to the District.

The provisions of this Article shall survive the termination or expiration of this Agreement.

XX WAIVER

The waiver by either party of the breach of any provision of this Agreement by the other party will not operate or

be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing any such

provisions.

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XXI - ORDER OF PRECEDENCE

This Agreement shall be interpreted and construed based upon the following order of precedence of component

parts. Such order of precedence shall control to resolve all cases of conflict, ambiguity or inconsistency. Nothing

set forth in Contractor's incorporated documents shall be deemed or construed to supersede the terms set forth in

Articles I-XXIII of this Agreement.

A. Agreed contract modifications entered into after the date of execution of this Agreement, if any.

Articles I-XXIII of this Agreement and all Exhibits attached hereto. To the extent of any conflict between

the Exhibits and the basic Agreement, the basic Agreement shall govern.

C. District Certifications / Disclosures

XXII - CONFLICT OF INTEREST

No member of the governing body of the District and no other officer, employee or agent of the District who

exercises any functions or responsibilities in connection with the award or carrying out of the project to which

this Agreement pertains shall have any direct or indirect personal interest or derive any financial benefit from this

Agreement.

XXIII - SEVERABILITY

The parties agree that, to the extent that a court of competent jurisdiction shall determine that any part or

provisions of this Agreement or its incorporated documents are unenforceable as a matter of law, the portion

deemed unenforceable shall be severable and the remainder of the Agreement shall survive and continue in full

force and effect.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date referenced above.

[INSERT COMPANY NAME] Forest Preserve District of Cook County

By: ________________________ By: _________________________________

Department Head, Department Name

By: _________________________________

Dennis White, Chief Attorney

By: _________________________________

Arnold Randall, General Superintendent

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