DEPA ARTMENT T OF PUR RCHASIN NG FO OR THE DEPARTM D MENT OF RE EVENUE

REQU UEST FOR R PROPO OSAL (RF FP) FOR NORTHERLY ISL LAND EV VENT VEN NUE: MA ANAGEME ENT AND D OPERAT TION
P 11060 PCONT TRACT TERM M TWO (2) YEARS, WI ITH THREE (3), ONE (1) YEAR Y EXTEN NSION OPTIO ONS ADVER RTISED: FRI IDAY, NOVEM MBER 18, 20 011 PRE-SUBMIT TTAL MEETIN NG: TUESDA AY, NOVEMB BER 29, 2011, , at 11:00 A.M M., C.S.T. LO OWER LEVEL L CONFEREN NCE ROOM 541 N. N FAIRBANK KS CHICA AGO, IL 6061 11 QU UESTIONS: Any question ns and/or requ uests for clarifications mus st be submitte ed in writing to o the Departm ment of Purch hasing no later than FRIDAY, DECEMBER 2, 201 11 at 5:00 P.M M., C.S.T. PROPOSA AL DUE DAT TE: MONDAY, DECEMBER R 19, 2011, at 3:00 p.m., C.S.T. C yan Traubert Bry P President, Bo oard of Comm missioners Michael P. Kelly General Sup perintendent and a CEO Ra affi Sarrafian Directo or of Purchasi ing

P-11060 LEGAL ADVERTISEMENT Date Advertised: FRIDAY, NOVEMBER 18, 2011 CHICAGO PARK DISTRICT DEPARTMENT OF PURCHASING REQUEST FOR PROPOSAL (RFP) FOR NORTHERLY ISLAND EVENT VENUE - MANAGEMENT AND OPERATION The submittal documents are available for download by clicking on Doing Business on the Chicago Park District web site www.chicagoparkdistrict.com, and then on the List of current contract opportunities (bids).

If you are not able to download this document, please call Trish Melchert, the contact person for this project, at (312) 742-4430, Monday Friday, between the hours of 8:30 a.m. and 4:30 p.m. Location: The Chicago Park District Department of Purchasing 541 N. Fairbanks Court, 3rd Floor Chicago, IL 60611 P-11060 The Chicago Park District invites the submission of proposals for NORTHERLY ISLAND EVENT VENUE MANAGEMENT AND OPERATION Tuesday, November 29, 2011 at 11:00 A.M., C.S.T. Lower Level Conference Room Chicago Park District Administration Building 541 N. Fairbanks Chicago, IL 60611 Any QUESTIONS must be submitted in writing to the Department of Purchasing by Friday, December 2, 2011 at 5:00 P.M., C.S.T. Monday, December 19, 2011 at 3:00 P.M., C.S.T.

Specification No.: Description:

Pre-submittal Meeting:

Questions: Proposal Due Date:

Bryan Traubert President, Board of Commissioners Michael P. Kelly General Superintendent and CEO Raffi Sarrafian Director of Purchasing
LATE PROPOSALS WILL NOT BE ACCEPTED

P-11060

R REQUEST FOR PROPOSAL for NO ORTHERLY Y ISLAND EVENT E VEN NUE MAN NAGEMEN NT AND OP PERATION S Specificatio on Number P-11060 P C Contact Per rson: Trish Melchert M (312 2) 742-4430 0 Fax (3 312) 742-53 326 trish. .melchert@chicagoparkdistrict.com m
For info ormation reg garding MBE E/WBE partic cipation, con ntact Luetha Aytch at 312-742-4436, or luet tha.aytch@c chicagoparkdistrict.com

P-11060

TABLE OF CONTENTS
SECTION TOPIC PAGE

1. 2. 3.

General Information ...................................................................................... 5 Proposal Information..................................................................................... 7 Project Scope ............................................................................................... Exhibit A........................................................................................................ Exhibit B........................................................................................................ Exhibit C........................................................................................................ Exhibit D........................................................................................................ 10 22 23 24 25

4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

General Conditions ....................................................................................... 28 Special Conditions................................................................................................ 34 Notice Regarding MBE/WBE Participation.................................................... 35 Compliance Conditions: Minority- & Women-Owned Businesses................................ 36 Insurance Requirements ............................................................................... 42 Proposal Execution ........................................................................................ 44 Proposal Contents ........................................................................................ 45 Proposal Packaging & Delivery ..................................................................... 48 Evaluation and Selection Process ................................................................ 50 PROPOSAL SUBMITTAL FORMS................................................................ 52 A. Signature Page ......................................................................................... B. Cost Proposal / Fee Schedule Page(s)..................................................... C. Economic Disclosure Statement ............................................................... D. Financial Statement................................................................................... E. Legal Actions.............................................................................................. F. Self-Performance Affidavit.......................................................................... G. Subcontractor Form................................................................................... H. Vendor References.................................................................................... I. Sustainability Statement Instructions & Statement................................... J. MBE/WBE Compliance Affidavit...................................... K. MBE/WBE Utilization Reporting Requirements.. 53 54 72 85 86 87 88 89 90 92 94

14.

No Proposal Response Form ....................................................................... 95

P-11060

GENERAL INFORMATION
BACKGROUND
The Chicago Park District (hereinafter CPD) is a municipal corporation organized in 1934. It is governed by a seven-person Board of Commissioners appointed by the Mayor of Chicago, with the advice and consent of the City Council. The Board of Commissioners appoints the General Superintendent, who is responsible for the CPDs day-to-day operations. The CPD owns and operates over 8,100 acres of park property. This includes 580 parks and play lots, over 250 staffed park recreation centers, 6 golf courses, 10 major museums, a stadium, a zoo, and 24 miles of lakefront, including 9 harbors and 31 bathing beaches. There are approximately 450 buildings in the system, including several schools, which are used jointly with the Chicago Board of Education. The CPD offers a wide range of recreational and educational programs featuring both physical and cultural activities. For more information, visit www.chicagoparkdistrict.com.

REQUEST FOR PROPOSAL (RFP)

A Request for Proposal is the method of procurement used when elements such as experience, past performance, resources, method of approach, and other criteria may outweigh cost. The CPD will review submitted proposals in accordance with the evaluation criteria set forth herein. Prior to award of contract, the CPD may engage in discussions with responsible submitters and allow or negotiate proposal revisions. Contents of proposals are not publicly disclosed until after contract award.

CONTRACT AWARD
The CPD may award this contract based on the initial proposals received, without discussion of those proposals with the submitters. Alternately, prior to final selection, the CPD may conduct interviews and discussions with prospective awardees. Ultimately, a contract will be awarded to the responsive, responsible, and compliant submitter whose proposal has been determined to be the most advantageous to the CPD, in accordance with the EVALUATION CRITERIA set forth in this Request For Proposal. All factors will be considered. The CPD reserves the right to award this contract (1) to more than one company, and (2) as may be set forth in the scope of work and/or cost proposal pages. In addition, the CPD reserves the right to reject any and all proposals, or to withdraw, cancel, or reissue this specification, in whole or in part, in the event that competition is deemed inadequate or that it is otherwise in the best interest of the CPD.

TERM OF CONTRACT
This contract shall be effective from the date of contract execution and shall continue in effect for a period of TWO (2) YEARS, subject to the terms and conditions of the contract. The Director of Purchasing may extend this contract for three (3) additional one-year periods, under the same terms and conditions of the original contract period, subject to user department approval. Contractor will receive written notification of such an extension. If the contracted vendor is unable or unwilling to agree to an upcoming extension option, the contractor must notify the Director of Purchasing, in writing, at least thirty (30) days prior to the contracts expiration date. The CPD reserves the right to extend the contract period by no more than 180 calendar days, either (1) in lieu of exercising an extension option, or (2) following the exhaustion of all option periods, in order to provide continuity of service while procuring a replacement contract.

P-11060

POST-SUBMITTAL INFORMATION
After the RFPs due date, submitters may track the progress of this project from the evaluation process to award and contract execution by clicking on the Bid Status link on the Department of Purchasings home page.

End of General Information

P-11060

PROPOSAL INFORMATION
The Special Conditions (if any), the General Conditions, and the specification shall govern, in that order, if there is any conflict between the submittal requirements, the Special Conditions, the General Conditions, and the specification.

1.

EXAMINATION OF PROPOSAL DOCUMENTS

Each submitter may obtain one copy of the RFP package in the manner provided in the advertisement. Chicago Park District RFP documents obtained from any source other than the CPD cannot be assumed to be complete, and proposals prepared from such documents are subject to rejection. It is expected that each submitter will read the entire RFP document with care, and will submit the forms and affidavits contained in this RFP without alteration. The CPD will not accept RFP forms that have been recreated or reformatted by the submitter. It is also expected that each submitter will carefully review its proposal before submittal to the Department of Purchasing, to confirm that it meets all requirements set forth in the RFPs PROPOSAL EXECUTION and PROPOSAL CONTENTS. The submitters negligence in these matters, or the failure of the submitter to ask relevant questions before the submittal due date, will not relieve the submitter of any obligations to comply, in every detail, with all provisions and requirements of the RFP document, if the submitter is awarded a contract. Conversation with an attorney is recommended, since this document may have important legal consequences.

2.

PRE-SUBMITTAL MEETINGS
IF THERE IS A MANDATORY PRE-SUBMITTAL MEETING, and the prospective submitter does not attend, he/she cannot submit a proposal. Additionally, if a non-attendee attempts to submit a proposal, that proposal will not be considered. IF THERE IS A NON-MANDATORY PRE-SUBMITTAL MEETING, attendance is not required but is strongly recommended. IF THERE IS NO SCHEDULED PRE-SUBMITTAL MEETING and a prospective submitter is in doubt as to the true meaning of any part of the RFP, he/she may submit to the CPDs Director of Purchasing (or his/her designee) a written request for an answer, an interpretation, or the correction of any ambiguity, as set forth below.

3.

QUESTIONS & ANSWERS

QUESTIONS MUST BE SUBMITTED IN WRITING by 5:00 p.m., Central Standard Time, FRIDAY, DECEMBER 2, 2011, whether or not you attend any pre-submittal meeting. Questions submitted later will not be answered. Failure on the part of the prospective submitter to receive written interpretations, clarifications, or answers prior to the time of receipt of proposals will NOT be grounds for the withdrawal of the submitters proposal after it is submitted. ANY CORRECTION, REVISION, ANSWER, or CLARIFICATION of the proposal 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.) duly issued by the Director of Purchasing or designee. A copy of such an ADDENDUM (or Clarifications / Answers) will be faxed, mailed, or e-mailed to each person recorded as having obtained a copy of the RFP from the Chicago Park District. It will also be uploaded to the RFPs individual page on the CPD website. The CPD will not be liable for the submitters failure to obtain or download any addenda that may be issued for this RFP. It is the sole responsibility of the submitter to obtain such addenda. No ADDENDA will be issued later than five (5) days prior to the date the proposals are due, unless it is an addendum canceling the Request for Proposal, or one that includes the postponement of the proposals due date. SUBMITTER MUST ACKNOWLEDGE RECEIPT OF EACH ADDENDUM ON THE RFPS SIGNATURE PAGE. It is not necessary to acknowledge receipt of a Clarifications / Answers document. IF REPRESENTATIVES OF THE CPD ADDRESS QUESTIONS AT A PRE-SUBMITTAL MEETING, no such statements made shall in any way bind the CPD. Prospective submitters must still submit all

P-11060 questions in writing to the Director of Purchasing (or his/her designee) by the date and time specified herein. A reply, if any, will be issued in the form of an addendum or a clarification, as set out above.

4.

FORMS
Remove and complete ALL of the forms listed on p. 45 in the PROPOSAL CONTENTS. For purposes of comparisons between submitters, USE AS IS. DO NOT scan and reformat these forms. Any proposal submittal form that has been reformatted or re-created in any fashion by the submitter may be summarily rejected. Sign appropriately and have notarized where required.

5.

SUBCONTRACTORS
Submitter shall include in its proposal the names of ALL subcontractors that the submitter proposes to utilize for the performance of all subdivisions of work, together with the division of work. The contractor shall subcontract only with competent and responsible subcontractors. The CPD reserves the right to approve all subcontractors. Awardee shall not replace any subcontractor or add or subtract subcontractors without the prior written consent of the Director of Purchasing of the Chicago Park District. Such consent by the CPD shall not be unreasonably withheld.

6.

EXCEPTIONS TO THE PROPOSAL

Any deviations from the RFP must be noted on the relevant proposal page(s), with the exact nature of the change(s) outlined in sufficient detail in a cover letter. The reason for such deviations should also be included. CAUTION: The CPD will evaluate the impact of such exceptions to the specifications, and reserves the right to disqualify proposals that do not completely meet the specification requirements. NOTE: Changes, additions, or deletions made to the General Conditions by the submitter are included in this disqualification caution. Failure of a submitter to comply with the terms of this paragraph also may be cause for rejection of the proposal.

7.

COMPETENCY OF SUBMITTER
The submitter, if requested, must present within a reasonable time (as determined by the Director of Purchasing or his/her designee) evidence satisfactory to the Director of Purchasing or designee of ability to successfully perform on any contract awarded pursuant to this proposal, and the possession of necessary facilities, labor, materials, equipment, supplies, expertise, financial resources, and adequate insurance to comply with all of the terms of this RFP and any contract awarded pursuant to its provisions. No contract will be awarded to any person, business or corporation that is in arrears or is in default with the CPD upon any debt of contract, or that is defaulter, as surety or otherwise, upon any obligation to said CPD, or has failed to perform faithfully on any previous contract with the CPD.

8.

WITHDRAWAL OF PROPOSAL
Submitters may withdraw their submitted proposals at any time prior to that specified in the advertisement as the closing time for receipt of the RFP. However, after said advertised closing time for the receipt of proposals, no submitter shall withdraw or cancel his/her proposal for a period of ninety (90) calendar days unless a longer time period has been mutually agreed to by both parties. Nor shall the successful submitter withdraw or cancel or modify his/her proposal after having been notified by the Director of Purchasing that said proposal has been accepted for award consideration by the CPD.

9.

ERRORS IN PROPOSALS
Submitters are cautioned to verify their proposals prior to submission. Negligence on the part of the submitter in preparing the proposal confers no right of withdrawal or modification of the proposal after the closing time for its receipt. Inadvertent errors (such as the omission of one page of a multi-page document) that have a correction submitted after the designated submission time may be considered at the sole discretion of the Chicago Park District if the submitter submits with the correction sufficient information to prove that the error was inadvertent. Such amendments are not favored and, in the case of doubt, requests will be denied.

P-11060

10.

LATE PROPOSALS
Late responses will not be accepted. The Chicago Park District does not specify the method by which proposals are to be delivered; therefore, it cannot be held responsible for any delay, regardless of reason, in the receipt of proposals in the Department of Purchasing. Proposals delivered by mail or messenger will be considered only when said proposals are received in the Department of Purchasing at or before the due date and time. The CPD does not guarantee that proposals received in the building by mail or messenger will be delivered to the Department of Purchasing before the time due. Proposals thus delayed will not be considered and will be returned unopened. Any material misrepresentations made by the respondent(s) will void the response and eliminate the respondent(s) from further consideration. The Chicago Park District reserves all rights with regard to this solicitation.

11.

INCURRED COST
All costs incurred in the preparation and submission of proposals shall be borne by the submitter.

12.

RETURN OF PROPOSALS
The CPD is under no obligation to return any proposals or materials submitted by the submitter as a response to this RFP.

13.

RESERVED RIGHTS
The Director of Purchasing or assignee shall represent the CPD in all matters pertaining to this RFP, and reserves the right to reject any and all proposals, or to withdraw, cancel, or reissue this specification, either in whole or in part, in the event that competition is deemed inadequate or that it is otherwise in the best interest of the CPD. The Director of Purchasing or assignee also reserves the right to disregard any minor informality in the proposal when, in his/her opinion, the best interests of the CPD will be served by such action. End of Proposal Information

P-11060

10

PROJECT SCOPE
INVITATION
The Chicago Park District (CPD) is soliciting proposals from experienced companies to manage and operate a multi-use, year round event venue at Northerly Island (venue). The awardee must have the professional qualifications and experience necessary for the satisfactory performance of all services required by this RFP, and shall provide all labor, materials, equipment, and vehicles necessary for the performance of all services in accordance with the terms and conditions of this specification. The services and materials provided must be competitively priced, of the highest and best quality, and delivered in a timely manner. Finally, the awardee will perform its services in a professional and courteous manner.

SCOPE OF SERVICES
INTRODUCTION Venue Description The venue sits on an eight (8) acre footprint at the north end of Northerly Island. Its current capacity holds approximately 8,000 people, and is an open air facility. Refer to Exhibits A and B for an aerial view and current footprint. There is existing infrastructure, fixtures, and amenities at the venue that will be available to the awardee. These include: (i) asphalt main floor and paths; (ii) gravel and gravel paths; (iii) lawn areas; (iv) light poles; (v) lighting; (vi) perimeter fence; (vii) sign at the front entrance; (viii) trees; and (ix) utilities (e.g. electricity, plumbing, sewers, and water). The grandstands, kiosks, office trailers, stage, and video screens are not permanent to the venue. Anticipated Schedule The anticipated schedule for this project is as follows: Advertisement of RFP Proposal Due Date Contract awarded Open for first show OPERATIONS Introduction The awardee shall provide general upkeep and custodial services, as well as routine preventative maintenance to maintain the venue in a clean, safe and attractive state and keep all areas free of debris, dirt, and litter at all times. The awardee shall also be responsible for any/all repairs at the venue. The awardee shall provide maintenance services during events and as necessary when there are no events at the venue. Additionally, the CPD may direct the awardee to provide and/or increase these services at any time. Responsibilities The awardees operations responsibilities include the following: 1. Concessions. Maintain, clean, repair, and keep in a safe, secure, and orderly condition all concession and retail areas. November 2011 December 2011 No later than February 2012 Early Summer 2012

P-11060 11 2. Electrical. Maintain all lights and any electrical infrastructure at the venue, and provide any portable power sources (e.g. generators) where necessary. 3. Energy Conservation. Implement, as reasonably requested by the CPD, an energy conservation program designed to reduce utility expenses at the venue. The program will include: (a) a review of procedures in similar facilities to determine areas where utility conservation programs can be established; (b) establish preventive maintenance programs to improve equipment efficiency and reduce the probability of equipment malfunction; (c) establish equipment usage schedules; and (d) implement start-up procedures for equipment to improve the efficiency of the equipment during periods of heavy usage. Environmental Stewardship. The awardee shall use green, eco-friendly methods and when possible, implementing procedures to decrease the negative environmental impact of the venue. This program shall include sustainable cleaning systems, strategies, and products. Cleaning and maintenance equipment used should reduce their impact on air quality, be low energy, and lowemissions. Fences. Maintain, repair, and replace, when necessary, all fences at the venue. Flags. Maintain, provide, repair, and replace (when necessary) all flags, flag poles, and flag ropes. First Aid Station. Maintain, clean, and supply all first aid station(s). Fire Prevention Equipment and Life Safety Systems. Maintain, in proper working order, all fire prevention equipment (e.g., fire alarm call boxes, fire extinguishers, hose boxes and systems) and life safety systems. Garbage Collection, Removal and Recycling Services. Collect, remove, and dispose all debris, garbage, litter, and trash from all areas of the venue at all times. Additionally, provide separate containers for waste and recyclable materials and arrange for the separate collection, storage, removal, and disposal of all waste and recyclables. Containers and receptacles shall be clean, repaired, and replaced as needed to maintain clean, safe, and sanitary conditions at all times. All storage, removal, and disposal of waste materials and recyclables shall be done in compliance with all applicable ordinances, statutes, and regulations. 10. 11. 12. 13. Grandstands. Maintain, clean, and repair any grandstands, and components including handrails, ramps, walkways, aisles, steps, and supporting structures when necessary. Graffiti Removal. Remove all graffiti applied to surfaces at the venue. The materials and processes used to remove the graffiti must be approved by the CPD and shall not impair any warranties. Hardscape. Maintain and repair any hardscape including asphalt and concrete. Landscape. Maintain all flower beds, grass, planting beds, shrubs, trees, berms, and any other items or areas at the direction of the CPD. This responsibility also includes weed removal. Areas to be maintained include all areas inside and areas directly outside the facility. 14. 15. 16. Office Space. Maintain, clean, and repair all office space, including the box office. Painting. Paint all applicable interior and exterior surfaces when necessary. Pest Control. Establish and maintain an integrated pest control program that minimizes the infestation of pests, birds, and vermin in accordance with all applicable ordinances, statutes, and regulations. Areas of responsibility include inside the venue and the areas directly around it. Plumbing. Maintain, repair, replace and keep in good working order all infrastructure and above-ground fixtures. Power Washing. Where appropriate and when other ecologically friendly mechanical or hand sweeping

4.

5. 6. 7. 8.

9.

17. 19.

P-11060 12 methods are inadequate, power wash surfaces to maintain a clean and attractive appearance of any area or structure. 20. 21. Public Address System. Maintain, repair, and replace the public address system at the venue when necessary. Restrooms. Maintain, clean, and supply all restrooms. Supply all rest rooms with soap, towels, and toilet paper (supplies), provide for their disposal, and keep them in adequate quantity at all times in each restroom. The supplies should be green products where possible. Seats. Maintain, clean, repair, and replace all seats when necessary. Signs. Clean, maintain, repair, and replace all signs when necessary. Additionally, install new signs, as necessary or as directed by the CPD. Stage and Band Shell. Clean, maintain, repair, and keep in a safe condition the stage and band shell, all supporting structures, and anything attached to it (e.g. lights, sound systems, screens/wraps etc.) Storage Areas. Maintain, clean, secure, and keep orderly / in safe condition all storage areas and the items in them at all times. Video Boards and Screens. Maintain, repair, and replace any video boards and screens when necessary. Walkways. Maintain, clean, repair and keep all walkways in a safe condition.

22. 23. 24. 25. 26. 27.

Furniture, Fixtures, and Equipment The CPD will not provide any furniture, fixtures, equipment or supplies necessary for the operation, management, maintenance, repair, and upkeep of the venue. The awardee shall keep all maintenance and custodial equipment in good repair and working order, including replacement parts. Where possible, the awardee shall use equipment that is green and eco-friendly (see #4, Environmental Stewardship, above). MANAGEMENT Generally, management services includes: (i) Booking and Scheduling Events; (ii) Box Office, Tickets, and Attendance; (iii) Capital Management, Planning, and Improvements; (iv) Concession and Retail Services; (v) Parking and Traffic Management; (vi) Security and Crowd Control; and (vii) Administrative Services; (viii) Marketing; (ix) Office Operations; (x) Personnel; (xi) Records and Audits; and (xii) Vendor Management and Procurement. Booking and Scheduling of Events The goal for booking and scheduling events at the venue is to produce a mix of events appealing to all segments of the local and regional population, including: concerts, family shows, trade shows, civic events, meetings, cultural and theatrical events, and corporate events. See Exhibit D for the past schedule of events from 2006-2011. The awardee shall be responsible for booking and scheduling events at the venue. The venue is publiclyowned, and prior to each event season, the awardee and the CPD shall discuss the possibility of holding events which will serve the community and the patrons of the CPD. The awardee shall cooperate with and keep the CPD reasonably informed regarding proposed events at the venue. Accordingly, the awardee shall provide the CPD notice prior to booking any event. The notice shall include the name, nature, time, and date of the event. Booking events at the venue are subject to, and must be consistent with applicable Law. The CPD shall retain the right to disapprove any proposed event at the venue. Upon receipt of the CPDs notice of disapproval, the awardee shall refrain from booking the proposed event. In addition to the CPD, the awardee shall coordinate and notify the Museums on Museum Campus, the Soldier

P-11060 Field Manager, and the Parking Facilities Manager regarding booking and scheduling events at the venue.

13

The awardee shall develop a booking policy and marketing plan for the venue and submit them to the CPD for its review and information. Box Office, Tickets, and Attendance The awardee shall maintain control and direction of the box office, box office personnel, and revenue from ticket sales with respect to events at the venue. The awardee shall have the right to utilize service providers for all or a portion of the foregoing. The box office must be open on the morning of the day of a show. The awardee shall issue tickets or some other form of authorization by the awardee for admission to the venue (tickets). The awardee shall use its reasonable efforts to ensure that only those persons who present a ticket by the awardee for admission to the venue are admitted. The awardee shall designate and reserve a reasonable number of seats for Disabled Patrons. In no event shall the number of reserved seats for the Disabled Patrons be less than is required by applicable Law. The awardee or its designated ticket agent shall make tickets available to Disabled Patrons at the same time that tickets first go on sale to the general public. The awardee shall determine, with its sole discretion, the prices for tickets for admission to the venue, the manner in which such tickets are to be sold, and the terms and conditions of such tickets; provided that the manner in which such tickets are to be sold, and the terms and conditions of such tickets shall be consistent with, and shall not violate the terms and conditions of this agreement. The awardee shall maintain appropriate records to determine attendance and number of tickets issued and sold for events. When requested, the awardee shall provide the CPD with accurate information regarding attendance and number of tickets issued and sold for events. The number of individuals attending an event shall not exceed the maximum attendance allowed by applicable Law. This includes all invitees, awardees personnel, media and broadcasters, and other persons, Capital Management, Planning, and Improvements Capital improvements shall mean work, improvements, modifications, changes, enhancements, replacements, upgrades, and non-ordinary repairs and maintenance to the venue or any part or component thereof. This shall include: 1. 2. 3. Those which are reasonably determined by the CPD to be necessary to ensure either the structural soundness of the facility, public safety, and/or health of persons at the venue (health and safety capital improvements); Those which are required by law, including the ADA (legally required capital improvements); and Those which are reasonably determined by the awardee to be necessary to permit the venue to be used for its intended purposes.

In general, the awardee shall be obligated to perform and pay the cost of all health and safety capital improvements, legally required capital improvements, and ordinary capital improvements as mentioned above. Design Re-designing and/or re-building the venue, or portions of it, is not required of the awardee, and the awardee may choose to keep the venue unchanged. Alternatively, the awardee may choose to re-design the venue or portions of it. Whether the awardee chooses to re-design or not, the existing infrastructure mentioned above will be available for the awardee to use. If, the awardee chooses to re-build and/or re-design any portion(s) of the venue, the awardee shall be responsible for any related costs. Any design change must be approved, in writing, by the CPD. It is possible that any design change may require a review pursuant to the Lakefront Protection Ordinance. Existing Infrastructure

P-11060 14 As mentioned above there is existing infrastructure in place at the venue that will be available for the awardee to use. If the awardee chooses not to use any of the existing infrastructure mentioned above, it will be responsible for the removal of existing infrastructure and the installation of any replacement infrastructure. Lastly, the awardee shall provide and install the non-permanent components at the venue that are mentioned above. Management The awardee will: (i) oversee, monitor, and manage the progress of all approved capital improvements; (ii) ensure that neither the awardee nor any subcontractor take any action that impairs, compromises, or minimizes any warranties provided in connection with the capital expenditure, and awardee shall cause its subcontractors to follow the maintenance, documentation, and reporting requirements necessary to keep such warranties in full force and effect; (iii) provide the CPD and its agents with reasonable access to the capital project in order to inspect the progress and condition of the capital improvement and capital equipment; and (iv) comply with all applicable statutory, procedural, and policy requirements of the CPD. Procurement Without limiting, and in accordance with the above, the awardee shall: (i) advertise and solicit bids and proposals for the capital expenditure(s); (ii) review and make recommendations to the CPD regarding the proposals received; (iii) negotiate prices, terms, and conditions with all vendors and subcontractors; (iv) ensure that the contracts and agreements entered in connection with the capital improvements contain CPD requirements; and (v) comply with all applicable statutory, procedural, and policy requirements, including competitive bidding, and MBE/WBE requirements of the CPD. Capital Plan and CPD Approval By November 1st of each calendar year, the awardee shall provide the CPD with a plan for anticipated capital improvements for the following year, and will be subject to the CPDs approval. Accordingly, it is possible that any construction may require permits and approvals pursuant to the Lakefront Protection Ordinance. All costs associated with permits and ordinance compliance is the sole responsibility of the awardee and will be no cost to the CPD. Permits The awardee shall be responsible for obtaining all permits, and all fees associated with such, related to the capital improvements. Capital Equipment The awardee may rent or lease capital equipment in partial satisfaction of its obligations under this agreement. Additionally, all capital equipment rental agreements shall terminate as of the termination of this agreement. The awardee shall indemnify and hold the CPD harmless for any and all liabilities and obligations arising from or related to the rental of capital equipment. Finally, upon termination, the awardee shall resign all capital equipment rental agreements to the CPD to the extent such capital rental agreements are freely assignable and subject to the CPD entering into a written assignment and assumption agreement with the awardee. Standards The awardee shall use commercially reasonable efforts to ensure that all the capital improvements for which it is responsible are performed in a good and workmanlike manner, and are consistent with the drawings, specifications, design, materials and quality of the original construction. Furthermore, any capital improvement at the venue shall be in accordance with all applicable city, state, and federal laws and codes. Also, any construction at the venue shall be as sustainable as possible. All architects and contractors involved in the construction and/or design elements shall have experience on projects similar in size, shape, and location to the venue. All construction and design will also conform with the standard of care and quality provided by architects and contractors having experience on projects similar in size, shape, and location to the venue. Additionally, all services shall be performed in a good and workmanlike manner. Finally, the awardee shall be responsible for all losses and damages caused by its performance of its construction

P-11060 obligations. Minimum standards for the work include: 1. 2. 3. 4. 5. 6. 7. Lakefront Protection Ordinance; Chicago Landscape Ordinance; All Applicable ADA Codes; Chicago Building Code; Chicago Energy Code; Chicago Standard: Building Healthy, Smart and Green; and The terms, conditions, and scope contained in this specification.

15

CPD Responsibilities The CPD, at its own cost and expense, shall be obligated to perform and pay the cost of capital improvements which are required or needed as a result of CPD misuse. The CPD shall use commercially reasonable efforts to ensure that all the capital improvements for which it is responsible are consistent with the design, drawings, specifications, materials, and quality of the original construction. Concession and Retail Services The awardee shall manage and oversee a program for the sale of concessions and merchandise at the venue. Responsibilities include the following: 1. 2. 3. 4. 5. 6. Providing concessionaires; Monitoring concessionaires; Ensuring all concession areas are clean; Implementing procedures to prevent unauthorized vendors from selling concessions and merchandise at the venue; Obtaining and maintaining (or causing to be obtained and maintained) all necessary permits; and Ensuring that concessionaires are in compliance with all applicable health and safety codes.

The awardee is obligated to perform and pay for all concession and retail services. The CPD is not responsible for any concession or retail services. The awardee shall ensure the concessionaires provide concessions for all events. No concession or merchandise shall be sold at the Venue which is not suitable for a public building. Each concessionaire contract or agreement shall provide the concessionaire: (i) obtain all appropriate licenses and approvals for the conduct of its operations, (ii) equip, furnish, clean, and maintain its concession area in an appropriate manner and as required by applicable Law, (iii) indemnify the CPD and the awardee for its operations, and (iv) obtain adequate insurance policies naming the awardee and the CPD as additional insured, and providing coverage for personal injuries and physical damage to the Facility as a result of its operations. By April 1st of each year the awardee shall submit a concession, catering and retail plan to the CPD for review. Such plan shall include menu and pricing information as well as VIP and retail locations. Parking and Traffic Management Parking Facilities The CPD will provide, and make available, parking spaces for the awardees and patron use. A mutually agreed upon number of parking spaces in the in the Adler Planetarium Lot will be made available to the awardee for VIP use for each event at the venue. It is the awardees discretion on the use of, and sale of these spots. An additional number of parking spaces located throughout Northerly Island will be made available for the awardees staff and vendors. Use of any lot will be approved by the CPD and coordinated with the CPD and the Soldier Field Manager. The Museum Campus parking lots and garages, including the Soldier Field Parking Garages are operated by Standard Parking. The awardee is not responsible for the management and maintenance of these lots.

P-11060 Traffic Management The awardee will be required to provide staff to direct and manage the traffic flow and pedestrians during ingress and egress for each event and in cooperation with the City of Chicago and the Adler Planetarium Parking Lot manager. Additionally, the CPD may direct the awardee to provide staff where necessary. Shuttle Service

16

The awardee shall arrange and provide for shuttle or other services to transport event patrons from the Soldier Field Parking Garages to the venue. The shuttles must be able to transport people with disabilities. Staff and VIP Parking The awardee shall provide the number of VIP parkers to the CPD and the Soldier Field parking manager no later than the morning of each event. The awardee shall make the VIP and Staff parking passes for each season. The awardee shall provide the CPD copies of these parking passes in advance of the start of each season. If there are changes to either or both parking passes, the awardee shall provide those revised passes to the CPD. Cooperation The awardees parking and traffic management responsibilities shall also include coordinating and cooperating with the CPD, Chicago Police Department, other applicable Governmental Authorities, the Soldier Field parking manager. Security and Crowd Control The awardee shall be responsible for security and crowd control, and emergency medical services for the customers, employees, visitors, and users of the venue. Additionally, the awardee shall cooperate with the CPD regarding security and crowd control services, when required. The awardees responsibilities include: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Interaction with the CPD, Chicago Police Department and other applicable Governmental Authorities; Reasonable preventative and proactive security procedures for the reasonable protection of event patrons, equipment and physical facilities before, during, and after an event; Concession and alcohol management, including checking IDs; Gate access and management; Perimeter control and security before, during, and after any event, including 12th Street Beach; Emergency planning; Backstage and VIP area security and monitoring; Providing security in front of and around the stage; Providing security on the floor during an event; Monitoring and crowd management at the Venue; Credential procedures and checking credentials; Post-event crowd management and monitoring; 24 hour a day, seven days a week monitoring of the venue (the extent of which shall be determined by the awardee); Implementing reasonable procedures to address felonious behavior, such as theft, burglary, and misdemeanors; During an event, provide appropriate EMS staffing for medical emergencies and appropriate medical policy implementation; Crowd control and management in the areas adjacent to the venue, including the perimeter of Burnham Harbor, and the Adler Planetarium; Ensuring that all security, crowd control, and EMS personnel are all properly licensed by the City and State; and Any other measures as directed by the CPD.

P-11060 Schedule The awardee shall provide the above services during events and as necessary. The CPD may direct the manager to provide these services at any time. Administrative Services Bank Accounts The awardee shall establish separate interest-bearing commercial bank accounts at banks approved by the CPD. One shall be used as a depository of revenue (working cash and capital advances) and the other for payment of expenditures (capital and operating expenditures). Budget

17

The awardee shall prepare and submit a detailed, annual budget to the CPD for review. This shall include (1) an annual operating budget and (2) an annual cash flow budget for the next fiscal year. Both shall meet the scope of services and objectives identified in the RFP; include all revenues and expenses related to the management, operation, maintenance, and promotion of the venue; and contain appropriate line items for operating revenues, operating expenses, and budgeted net operating income. Collection of Revenue The awardee shall collect, administer, and hold in trust for the benefit of and as a fiduciary for the CPD, all operating revenues, working cash advances, deficiency advances, advances for capital expenditures, and all other amounts received in connection with its services under the RFP. See Exhibit C for a list of revenue streams from 2005-2011. Financial Reporting Flash Reports Within five (5) days after the conclusion of each event at the venue, the awardee shall transmit a tentative settlement report to the CPD General Superintendent or his authorized representative. The report shall include, at a minimum: the number of attendees, the number of tickets issued, public sector event costs, gross concession revenues, and any other information as the CPD may reasonably request. Venue Fee Information The awardee shall provide a year-end reconciliation and any other information as the CPD may reasonably request to confirm the venue fees, and other payments to be paid by the awardee under this agreement. The CPD may conduct (or direct a third party to conduct) an audit of the awardees records to confirm the venue fees and other payments to be paid by the awardee under this agreement. Accounting and Record Keeping The awardee shall maintain financial and accounting books, records and reports (records) of the venue fees and other payments to be paid by awardee hereunder and awardee shall use accounting and record systems in accordance with GAAP in the maintenance of such records. The rights and obligations under the Financial Reporting section shall survive for two (2) years following the termination of this agreement. Marketing General The awardee shall have the following marketing rights with respect to the venue: naming, product, signage, and sponsorship. Regarding each right, the awardee may: 1. 2. 3. Sell or license each specific right; Oversee, control, and implement a specific marketing rights program; and Negotiate and enter into all agreements related to the sale or license of the marketing right.

P-11060 The CPD assumes no risks as to the success of the naming, product, signage, and sponsorship programs. The awardee may erect, display, place, and affix signage at the venue as part of any marketing right.

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In addition to the marketing rights, the awardee shall provide a web page to facilitate the marketing of the venue. The CPD may make CPD resources available for marketing and advertising initiatives for the venue. Limitations There are limitations on the marketing rights agreements and plans that the awardee may negotiate and develop. Accordingly, any and all marketing rights agreement shall: 1. 2. Terminate upon the termination of this agreement; Not contain any term or condition that is inconsistent or in conflict with a. This agreement; b. Any marketing plan; or c. The CPDs constitutional obligations. Comply with the Code of the CPD; Not be for any immoral purpose, including, sexually oriented business, strip club or birth control products or practices; and Require that any signage be suitable for a public building and the Museum Campus.

3. 4. 5.

In addition, any naming rights agreement will require that the commercial name for the venue: 1. 2. Retain Northerly Island as part, and the term Northerly Island be no less prominent than any other part of the commercial name; and Not be possessive of Northerly Island (e.g. ABCs Northerly Island).

No party contracting with the awardee under any marketing rights agreement shall: (i) be delinquent on the payment of any taxes or licensing fees or other fees owed to the City of Chicago, Cook County, or the State of Illinois; (ii)be convicted of a criminal offense or had a civil judgment rendered against them for improperly obtaining, attempting to obtain, or performing a public transportation or contract under a public transportation within the past five years from the date of the agreement; (iii) be disqualified to enter into a contract with either the CPD or the City; or (iv) be under investigation for any of the foregoing. Approval Rights The marketing plans signage plan shall be developed by the awardee but are subject to the approval of the CPD. The signage plan shall comply with the Code of the CPD and the agreement. All signage in connection with a naming rights agreement or with a sponsor which is a national or regional sponsor for awardee or an affiliate of awardee shall be deemed approved as long as such signage is professionally prepared, not immoral, and is in compliance with the terms of the agreement. The CPD shall review and approve the signage. CPD Reserved Rights The CPD reserves the following rights: (i) to sell or to authorize others to sell sponsorships for public sector events; (ii) to sell, display, place, affix, or authorize others to sell, display, place or affix temporary signage and advertising inside and outside the venue in connection with a public sector event; (iii) to cover up, displace, electronically superimpose over or authorize others to cover up, displace or electronically superimpose over the awardees signage during a public sector event, and in no event shall any signage of a naming rights agreement be displaced, removed or obstructed; and (iv) to approve any marketing rights agreement. Signage Rights Signage rights sold or licensed to others by the awardee may be for one (1) or more events or event seasons. No permanent exterior signage shall be permitted except in connection with name in title rights. Temporary exterior signage such as banners and portable signs may be displayed during events. All interior signage (excluding normal concession signage and non-commercial informational signage) shall not be readily visible

P-11060 except during events and two (2) hours prior to any event, and/or one (1) hour after any event. No signage (excluding non-commercial informational signage) shall be illuminated, except on event days. Finally, no signage shall be illuminated after midnight. Signage Rights - Costs and Expenses The awardee shall be responsible for all costs and expenses in connection with the awardees signage and signage related to naming rights including directional signage. Product Rights

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Product rights mean the right (or license to concessionaires the right) to sell, supply, or provide concessions or merchandise at the venue. Product rights shall not apply to public sector events except with respect to products sold by the concessionaires of awardee. If the products are sold at public sector events, the CPD hereby agrees that in no event shall any concessions or merchandise sold or provided conflict with, or be in violation of any exclusive product rights agreement between the awardee and any other person. Office Operations The awardee shall provide its own office space at the venue. Any furniture, fixtures, and equipment the awardee requires must be paid for by the awardee at its own cost and expense. Personnel The awardee shall select, hire, train, furnish, deploy, discipline, discharge and supervise all labor and employees in order to perform the services identified in this RFP. The awardee shall perform background checks on all employees, including criminal background checks, fingerprinting, and such other checks as may be required by applicable law, and similar to those conducted by the CPD on its employees. All personnel provided by the awardee shall be deemed employees of the awardee and shall not, for any purpose, be considered employees of the CPD. The awardee shall assume full responsibility for the actions of all such personnel, and shall be solely responsible for their supervision, daily direction and control, remuneration, severance pay and claims, withholding taxes, insurance, social security licenses, and all other actions related to the awardees services under this RFP. All non-management, on-site personnel shall be required to wear uniforms and name tags while on duty. A dress code shall be enforced for management personnel when on-site. Uniforms and dress code are subject to final approval by the CPD. The awardee shall have supervisory personnel on duty during all events at Venue and as otherwise necessary to fully perform its duties and obligations as identified in this RFP. The awardee shall comply with all applicable laws concerned with the hiring and employment of personnel, including the Federal and State of Illinois Equal Employment Opportunity Regulations, and the prevailing wage rate statutes. Records and Audits Records The awardee, its vendors, subcontractors, and affiliates shall keep records relating to their activities at the venue. Where possible, the awardee shall automate all records and reporting systems. Audits On an annual basis, the awardee shall prepare, and provide to the CPD, a year-end balance sheet, statement of profit or loss, and statement of cash flows for the preceding fiscal year. This audit shall also include a certification of operating revenues and expenses, and net operating income for that fiscal year. This information shall be delivered to the CPD no later than April 1st of the following year and will be prepared in accordance with

P-11060 GAAP. This information must be accompanied by an independent auditors report prepared by an independent, certified public accountant, licensed by the State of Illinois.

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Accounting The awardee shall maintain full, accurate, and complete financial and accounting books, records, and reports of the management, operation, maintenance, and promotion of the venue. In the maintenance of such records, the manager shall use accounting and record systems in accordance with GAAP. It is the CPDs preference that the manager use the same cash method of accounting and financial calendar (Jan. 1 Dec. 31) the CPD utilizes. Vendor Management and Procurement The awardee shall be responsible for managing and negotiating with third-party vendors and for the procurement of equipment, materials, supplies, and third-party services needed at the venue. This responsibility includes negotiating and working with concessionaires in connection with the venue. All successful negotiations and subsequent contracts are subject to the review and approval of the CPD. The awardee shall also request all vendors use materials that are recyclable or have a low environmental impact. EXPENSES The awardee shall be responsible for the payment of all costs and expenses related to or arising from the construction, maintenance, and operation of the venue. These costs and expenses include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. All costs and expenses related to or arising from performance and delivery of all services described in the scope of services on pages; Amounts expended to procure and maintain permits and licenses, charges, excises, penalties and fee, and professional fees; Cost of compliance with laws and regulations; Costs of acquiring and maintaining the insurance and bonds as required; Cost of annual independent audits; Any contractual costs or contractual liability of the awardee where the awardee is not in default of any applicable contract and is the subject of such claim, suit, or proceeding due to its capacity as managing agent; Costs incurred under agreements, commitments, licenses, and contracts executed in the awardees name in connection with its management and operation of the venue; Any suit, action, or proceeding in which the awardee is the defendant and has breached the agreement with the CPD or has committed a tort giving rise to such suit, action, or proceeding; Any suit, action, or proceeding filed or instituted against the CPD by the awardee; Costs incurred due to the willful misconduct or gross negligence of the awardee or its agents, employees, or subcontractors; Depreciation of vehicles and equipment; Severance for the awardees employees; Relocation of the awardees employees; Any travel related expenses; and Taxes as discussed below.

The awardee is also responsible for the payment of all costs and expenses of any activity or business of the awardee that is not related to providing the required services. Utilities The awardee shall assume the existing accounts for all associated utilities (water, sewer, electricity) and on a monthly basis shall submit to the CPD for reimbursement, based on actual usage. Insurance The awardee is responsible for the insurance as set forth on pages 42-43. Performance Bond The awardee shall, at its own expense, purchase a performance bond in an amount of at least $1,000,000.00.

P-11060 Taxes

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If applicable, the awardee shall pay, when due, any and all of the following taxes: amusement taxes; sales taxes for items sold by or on behalf of the awardee; entertainment taxes; parking taxes applicable to the parking allotment; and any other taxes or assessments which are levied or assessed by a governmental authority due or payable during the contract term, and are related to the exercise of the awardees rights or licenses, and its use or occupancy of the venue. These above actions shall indemnify, defend and hold harmless the CPD from all such taxes. If applicable, the CPD will pay, when due, all parking taxes (except as applicable to the and property taxes which are due or payable during the contract term. to indemnify, defend and hold the awardee harmless from and against all such Parking Taxes (except as applicable to the Parking Allotment) and Property Taxes. There should not be any leasehold taxes and/or use taxes assessed, due, or payable as a result of this agreement or the operation of the venue. In the event any leasehold and use taxes are imposed on the CPD, the awardee shall promptly pay, prior to delinquency, all leasehold and use taxes imposed for periods falling within the terms of this contract. This obligation shall survive to the expiration of the contract term or any earlier contract termination. CPD USE Public Use Rights The CPD may use and occupy, and authorize public event sponsors to use and occupy the venue for the purpose of holding a confirmed public sector event. The CPD will submit a request to the awardee to schedule a public sector event at least 30 days prior to the event. Public Use Public access shall be subject to restrictions and limitation as the awardee may reasonably require to address security and safety concerns, including the needs of the awardee to use the venue for the rights and performance of its obligations stated in this RFP.

End of Project Scope

P-11060

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EXHIBIT A Aerial View of Venue Location

EXHIBIT B Current Venue Footprint

EXHIBIT C Revenue Streams, 2005-2011

1. The fees paid the CPD since 2005 are identified in the chart. Neither attendance nor concession benchmarks were reached so the CPD was not paid these fees. Commencing in 2007 the Attendance Fee benchmarks were 200,000 and 225,000 aggregate tickets sold in a season and an additional $25,000 for each benchmark. 2. Paid annually to the CPD in two installments, one in June the other in November. 3. The CPD received 60% of the net naming rights revenue paid concurrently with the Base Annual Use Fee. 4. For 2005 and 2006 this was $0.75 per ticket, and for 2007-2010 this was $1.00 per ticket. This fee is paid no later than 30 days after each event. 5. CPD parking surcharge of $4.00 per ticket. This applied to both the Adler Planetarium Parking Lot and Soldier Field garages. 6. Fee to park in the Adler Planetarium Parking Lot (605 spots total). This was in addition to item 5. For 2005 and 2006 it was $10; 2007 and 2008 it was $15; and 2009 and 2010 it was $20. Live Nation was allotted 150 spots in this lot and was entitled to charge a price at its discretion and all revenue from the 150 spots. This was the only parking related revenue allocated to Live Nation. 7. A one-time fee.

EXHIBIT D Venue Schedule 2005-2011

Year 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 Date Artist Chicago/EarthWindandFire Chicago/EarthWindandFire BrianMcKnight/NewEdition ModestMouse Ralph'sWorld GavinDegraw Journey SugarWaterFestival Loggins/Messina Wiggleworms TreyAnastasio 311 RockNeverStops KellyClarkson Destiny'sChild BackstreetBoys O.A.R.(ofarevolution) JohnHiatt/ShawnColvin JackJohnson LosLobos Loopfest RobThomas TheBlackCrows MarkKnopfler TakingBackSunday Chicago CelticWomen FionaApple O.A.R.(ofarevolution) PhilLesh&Friends TreyAnastasio Guster EarthWind&Fire 311 MarcAnthony GeorgeBenson MaryJ.Blige JohnFogerty KC&TheSunshineBand BenHarper&TheInnocentCriminals Tiesto Styx TomPetty&TheHeartbreakers ChrisBrown NumberofShows 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 1 PaidAttendance 6,631 4,502 1,698 4,537 1,472 6,356 6,637 2,643 FreeEvent 4,372 5,835 1,693 6,411 6,110 5,404 4,204 2,307 8,362 4,085 3,296 3,665 5,319 3,286 7,516 5,173 855 4,955 8,106 4,136 4,745 4,174 3,683 6,344 4,381 3,005 4,237 4,391 2,114 8,208 4,241 3,985 13,265 5,714

6/17/2006 6/24/2006 6/25/2006 6/30/2006 7/1/2006 7/11/2006 7/13/2006 7/15/2006 7/16/2006 7/20/2006 7/28/2006 8/9/2006 8/11/2006 8/12/2006 8/17/2006 8/19/2006 8/20/2006 8/24/2006 8/27/2006 9/2/2006 9/8/2006 9/15/2006 9/17/2006

P-11060

26

EXHIBIT D Venue Schedule 2005-2011 (continued)

2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2007 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 9/23/2006 6/8/2007 6/11/2007 6/14/2007 6/18/2007 6/29/2007 6/30/2007 7/25/2007 7/26/2007 8/11/2007 8/23/2007 8/26/2007 8/31/2007 9/2/2007 9/10/2007 9/12/2007 9/20/2007 9/27/2007 5/22/2008 6/13/2008 6/14/2008 6/20/2008 7/7/2008 7/19/2008 7/22/2008 7/23/2008 7/24/2008 8/8/2008 8/10/2008 8/19/2008 8/23/2008 8/28/2008 BlackEyedPeas StevieNicks FallOutBoy TheFray BarenakedLadies JohnMayer Chicago Incubus O.A.R.(ofarevolution) 311 GooGooDolls WuTangClan Aly&AJ TheShins StevieWonder HilaryDuff Common BeastieBoys StoneTemplePilots PhilLesh&Friends StevieNicks Chicago DropkickMurphys Umphrey'sMcGee JohnMellencamp Boston O.A.R.(ofarevolution) JillScott Scorpions MarcAnthony ThirdDay TheAllmanBrothersBand 1 1 3 3 1 2 1 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3,119 6,300 19,175 20,733 5,196 14,327 5,624 7,971 7,901 7,913 6,557 4,152 4,554 2,475 6,661 2,563 3,511 5,978 7,659 4,142 3,410 6,644 3,182 4,905 6,976 6,063 8,014 4,205 4,495 3,567 2,258 6,997

P-11060

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EXHIBIT D Venue Schedule 2005-2011 (continued)

Year 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 Date 5/16/2009 5/29/2009 6/4/2009 6/14/2009 6/19/2009 6/20/2009 7/7/2009 7/10/2009 7/19/2009 7/21/2009 8/13/2009 8/19/2009 9/2/2009 5/15/2010 6/5/2010 6/29/2010 7/10/2010 7/13/2010 7/17/2010 7/18/2010 7/20/2010 8/11/2010 8/17/2010 8/18/2010 8/19/2010 8/20/2010 8/23/2010 8/27/2010 9/16/2010 7/14/2011 7/16/2011 7/27/2011 7/31/2011 8/20/2011 8/21/2011 8/24/2011 8/27/2011 Artist Disturbed NineInchNails Crosby,Stills&Nash 311 O.A.R.(ofarevolution) TheOffspring JayZ Styx JudasPriest Incubus JasonMraz HeavenandHell TheAllmanBrothersBand TBAHeadliner Styx 311 O.A.R.(ofarevolution) SublimewithRome Chicago REOSpeedwagon GooGooDolls Shinedown MyMorningJacket Paramore ZacBrownBand StomeTemplePilots Rush AnthonyHamilton AliceInChains 311 GooGooDolls EarthWind&Fire JillScott Train Incubus Ke$ha SlightlyStoopid NumberofShows 1 1 1 1 2 1 1 1 1 1 1 1 2 1 1 1 2 1 2 1 1 1 1 11 1 1 2 1 1 1 1 1 1 1 1 1 1 PaidAttendance 5,485 7,936 4,233 7,042 11,557 4,356 6,538 6,927 3,766 7,927 8,256 2,642 13,108 5,198 6,008 6,889 12,659 5,513 10,650 4,596 5,661 4,702 4,787 5,376 6,715 5,076 12,494 4,822 6,723 7,867 4,377 3,597 5,411 6,100 7,789 6,445 2,649

P-11060

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GENERAL CONDITIONS
These General Conditions form a part of the contract documents.

DEFINITIONS
All terms are defined in the General or the Compliance Conditions. Addendum (plural addenda) means an addition, correction, deletion, or modification of or to this specification, issued to prospective submitters prior to the date and time proposals are due. Awardee means the submitter (or submitters) whose proposal, with or without further negotiation, has been formally accepted for contract by the Board of Commissioners or the General Superintendent of the Park District. CPD means the Chicago Park District. General Superintendent means the General Superintendent of the Chicago Park District. The General Superintendent shall represent and act for the CPD in all matters pertaining to this contract in conjunction therewith. The term General Superintendent shall include any person designated in writing by the General Superintendent to act in his/her stead with respect to this contract and shall also include, with respect to any actions taken prior to the award of this contract, the Director of Purchasing. Losses means, individually and collectively, liabilities of every kind, including losses, damages, and reasonable costs, payments, and expenses (such as, but not limited to, court costs and reasonable attorneys fees and disbursements), claims, demands, actions, suits, proceedings, judgments, or settlements, any or all of which in any way arise out of or relate to any act, error, or omission of submitter, submitters breach of the Agreement, or submitters negligent or otherwise wrongful acts or omissions or those of its officers, agents, employees, consultants, subcontractors, or licensees. Proposal means a response submitted pursuant to this Request for Proposal, compliant with all of the requirements of the specification documents. Submitter means a party or entity that submits a proposal in response to this Request for Proposal. I. COMPLIANCE WITH ALL LAWS A. The awardee(s) shall comply with all applicable laws, ordinances, executive orders and regulations of the federal, state, local and city government, which may in any manner affect the performance of this contract. Further, the awardee, including all of its employees, servants, agents, subcontractors, and concessionaires, shall abide by the Conduct Prohibited provisions of the CPD Code, IV, B. B. To demonstrate compliance with all of the above-mentioned laws, rules, regulations or orders, the awardee and subcontractors will furnish such reports and information as may be required. In the event of the awardees non-compliance, this contract may be canceled, terminated, or suspended in whole or in part, and the awardee may be declared ineligible for further contracts with the CPD. Other sanctions may be imposed and remedies invoked as otherwise provided by law. II. NON-DISCRIMINATION A. Awardee shall comply with the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., as amended, and any rules and regulations promulgated in accordance therewith, including, but not limited to the Equal Employment Opportunity Clause, Illinois Administrative Code, Title 44, Part 750 (Appendix A), which is incorporated herein by reference. Furthermore, the awardee shall comply with the Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq., as amended. B. During the performance of this contract, the awardee agrees that it shall not discriminate against any worker, employee or applicant, or any member of the public, on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military services, parental status, or sexual orientation. Upon request of the CPD, the awardee also agrees to submit in writing a plan demonstrating compliance with equal employment opportunity laws

P-11060

29 and CPD policy requiring equal employment opportunity to all. Awardee further agrees that this clause will be incorporated by the contractor in all contracts entered into with suppliers of materials or services, subcontractors, and all labor organization furnishing skilled, unskilled and craft union skilled labor, or any other person or organization performing labor or services in connection with this contract.

C. Minority and Women Business Enterprise Participation 1. The awardee shall comply with the Compliance Conditions regarding participation by minorityand women-owned business enterprises, which is incorporated into this contract document. 2. During the term of the contract and any extension thereof, the awardee shall complete and submit quarterly MBE/WBE Utilization Reports, as requested to do so by the CPD. III. ETHICAL CONDUCT. Any effort to influence any public employee to breach the standards of ethical conduct constitutes a breach of ethical standards. It shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or in any other solicitation or proposal therefore. CONFLICTS OF INTEREST A. No member of the governing body of the CPD or other unit of government and no other officer, employee, or agent of the CPD or other unit of government who exercises any functions or responsibilities in connection with the carrying out of the project shall have any personal interest, direct or indirect, in the contract. B. The submitter covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the project to which the contract pertains which would conflict in any manner or degree with the performance of its work hereunder. The submitter further covenants that, in its performance of the contract, no person having any such interest shall be employed. V. NON-COLLUSION. Neither the awardee (or each joint venture partner) nor its agents, employees, officers and any subcontractors, has been engaged in or been convicted of collusion activities as defined on the Signature Page submitted with the proposal. SELF PERFORMANCE: The contractor shall perform, manage, and/or supervise at least 25% of the work of the contract with its own forces. PROHIBITION OF ASSIGNMENT. The awardee shall not delegate the performance of any obligation hereunder to any third party, or subcontract or assign this contract, in whole or in part, without the prior written consent of the Director of Purchasing of the CPD. Such consent, if granted, shall not relieve the contractor of any responsibilities under the contract. PREVAILING WAGE RATES. The awardee shall pay prevailing wages. As a condition of making payment to the awardee, the CPD may request that the awardee submit an affidavit or other evidence to the effect that not less than the prevailing hourly wage rate is being paid to those employed on contracts in accordance with Illinois law. AWARDEES EMPLOYEES A. The CPD has the right to require the awardee to remove from his workforce assigned to a CPD location any employees deemed incompetent, careless, or otherwise objectionable, or any personnel whose actions are deemed to be contrary to public interests or inconsistent with the best interests of a facility. B. Damage and/or pilferage to CPD property and/or its contents by employees of the awardee shall be the awardees responsibility, and losses shall be the liability of the awardee.

IV.

VI. VII.

VIII.

IX.

P-11060 C. Awardees employees are to be considered the employees of the awardee and not of the CPD; therefore, awardee shall comply with all federal and state tax requirements and government regulations. X. SUBCONTRACTORS: If, in the judgment of the CPDs Director of Purchasing, any of the awardees subcontractors are careless, incompetent, act contrary to instructions, violate safety or security rules, obstruct the progress of the contracts services, fail to follow the contracts requirements, or violate any law applicable to this contract, then, upon the Director of Purchasings notice, the awardee will immediately discharge or otherwise remove said contractor(s).

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XI.

INDEMNIFICATION. Awardee must defend, indemnify, keep and hold harmless the CPD, its Commissioners, officers, representatives, agents, volunteers and employees from and against any and all lawsuits, claims, demands, liabilities, losses, and expenses, including court costs and attorneys fees, for or on account of any injury to any person or any death at any time resulting from such injury, or any damage to property which may arise or which may be alleged to have arisen out of, or in connection with, the work, goods, and/or services covered by this contract. The obligation to indemnify the CPD shall survive the termination or expiration of this contract. WARRANTIES, LAWS, AND REGULATIONS. In addition to the warranties provided by law, submitter hereby expressly represents and warrants the following, when applicable: A. That any goods and/or services to be delivered hereunder shall be in full conformity with all manufacturer and seller express warranties and that the goods and/or services shall be free from defects in material, workmanship, or performance and shall conform to the specifications, drawings, and/or samples. Submitter agrees that this warranty shall survive inspection, acceptance, and payment. B. That no article sold and delivered hereunder shall infringe any trademark, trade name, patent, copyright, or application therefore. In the event that any article sold and delivered hereunder shall be covered by any trademark, trade name, patent, copyright, or application therefore, awardee shall indemnify and save harmless the CPD, its commissioners, officers, employees and agents from any and all loss, cost, or expense on account of any and all claims, suits, or judgments on account of the use or sale of such article in violation of rights under such trademark, trade name, patent, copyright, or application. C. That any goods to be delivered hereunder shall be manufactured, sold, and installed in compliance with the provisions of all applicable federal, state, and local laws and regulations. D. That any goods to be delivered hereunder shall be free and clear of all liens, claims, or encumbrances of any kind. E. That the CPDs Director of Purchasing has the right to inspect any material or items to be used in the carrying out of this contract, and that any material or items rejected will be replaced by the awardee at no cost to the CPD. F. That any materials or items rejected shall be removed from CPD premises by and at the expense of the awardee within a reasonable time after the CPD has notified the awardee in writing that that the materials and / or items have been rejected. G. That the CPD may return any nonconforming or defective materials / items, or require correction or replacement of the materials / items at the time the defect is discovered, all at the awardee's risk and expense. E. That nothing contained herein shall exclude or affect the operation of any implied warranties otherwise arising in favor of the CPD.

XII.

XIII.

PROTECTION OF WORK, DAMAGES, AND REPAIRS. If applicable, awardee shall be responsible for any financial losses incurred by improper or negligent work performance at a site and shall repair or replace and pay for any replacement or damages to pavement, lawns, landscaping, new and existing structures, material, equipment, fixtures, appliances, and apparatus during the course of work, where such damage is directly due to work under this contract, or where such damage is the result of the

P-11060 31 neglect or carelessness on the part of the awardee or his employees, or on the part of the awardees subcontractor or his employees. XIV. OWNERSHIP OF DOCUMENTS. If applicable, all drawings, tracings, specifications, reports, test results, models, electronic media, renderings, and all such other documents to be prepared and furnished by the awardee, including copyrights, are and shall become and remain the sole property of the CPD, whether the project for which they are made is executed or not. The CPD shall have the right to use such documents on additional projects as the CPD sees fit. If such documents are used on another project, awardee shall not be responsible for such use and shall not receive additional compensation. Without the prior written consent of the CPD, awardee shall not use any documents prepared or furnished for the project by awardee or the CPD for any use other than its performance under this agreement. PRICING AND PRICE ESCALATION A. Pricing will be firm for the initial contract period. B. After an extension option has been utilized, requests for increases in prices may be submitted in writing to the Director of Purchasing. Requests must be based on and include documentation of increases in the awardees cost that are due to (1) direct labor increases, (2) consumer price inflation index increases for appropriate supply items, or (3) if the actual usage levels of the supplies vary substantially from the given usage estimates. Such increased costs must not represent an increase for profits or other overhead. No more than one price increase will be considered during any consecutive twelve-month period. No tied increases should exceed the maximum amounts according to the Producers Index or the Consumer Price Index. C. If the Director of Purchasing approves price increases, both the CPD and the awardee must sign a properly executed contract modification reflecting the price changes and the date on which such changes are effective. Original prices shall remain in effect until such a contract modification has been fully executed. D. The CPD reserves the right to reject any proposed price increase and to terminate without cost the future performance of this contract. XVI. PRICE REDUCTION. If at any time after the date of its proposal submittal for this contract, the awardee makes a general price reduction of any materials, items, or services covered by the contract to customers generally, the same price reduction shall apply to this contract for the duration of the contract period, or until such time as there are further reductions. Such a price reduction will be effective at the same time and in the same manner as the price reduction to customers generally.

XV.

XVII. PURCHASE ORDERS. A valid order exists only when a written purchase order has been issued and the following two conditions have been met: A. A typed purchase order number appears in the designated space on the purchase order. B. The signature of the General Superintendent or the Director of Purchasing (or designee) appears in the designated space on the purchase order. XVIII. INVOICES. The awardee shall submit itemized original invoices in triplicate to the Comptrollers Office, Chicago Park District, 541 North Fairbanks Court, 6th Floor, Chicago, Illinois 60611. All invoices must include the specification number, purchase order number, delivery location, description of goods, materials and/or services, quantity, unit price, extended price and invoice total. Invoices submitted without the above information shall be returned to the awardee for correction. XIX. TAXES. As a municipal body, the CPD is not subject to Federal Excise Tax, Illinois Retailers Occupation Tax, Use Tax, or Municipal Retailers Occupation Tax. The Illinois Department of Revenue tax exemption number for the CPD is E-998-0363-02. Upon request, the Comptrollers Office of the CPD will provide a Federal Excise Tax Exemption Certificate. The prices quoted herein shall include all other federal and/or state taxes that apply, direct and/or indirect. PAYMENT. Unless specified otherwise in the contract, the awardee will be paid monthly, beginning thirty (30) days after receipt of invoice. Subsequent payments will be made in the same manner each month in

XX.

P-11060 32 succession for the remaining term of the contract. An audit to reconcile shortage or overpayment will be done at the end of the twelve-month cycle, at which time, if necessary, adjustments will be made for the remaining length of the contract. Any additional costs incurred by the vendor, such as service calls, will be paid on a monthly basis as they arise. Payments shall be made in accordance with applicable provisions of the Local Government Prompt Payment Act (50 ILCS 505/I et seq.). XXI. MODIFICATIONS, SUBSTITUTIONS, AND AMENDMENTS. The Chicago Park District may from time to time request changes in the scope of services to be performed under this contract, or it may become necessary to substitute one item for another. Such changes, including any increase or decrease in the amount of the awardees compensation, which are mutually agreed upon by and between the Park District and the awardee, shall be incorporated in written amendments to the contract. No changes, amendments, modifications, substitutions, cancellation or discharge of the proposed contract, or any part hereof, shall be valid unless in writing and signed by the parties hereto, or their respective successors.

XXII. DISPUTES. In the event any questions or disputes as to the meaning or requirements of anything in this contract arise, the matter shall at once be referred for consideration and decision to the General Superintendent of the Park District, who shall reduce his/her decision to writing and who shall mail or otherwise furnish a copy to the awardee(s). The decision of the General Superintendent shall be final and binding. XXIII. DEFAULT. Time is of the essence of the contract, and if the rendering of services or the delivery of acceptable items is not completed by the time promised, the Chicago Park District reserves the right, without liability, and in addition to its other rights and remedies, to terminate the contract by notice, effective when received by the awardee, as to stated items not yet shipped or services not yet rendered, and to secure substitute materials and/or services from any other available source. The awardee shall be liable to and promptly reimburse the Chicago Park District for any difference in price, over and above the contract price, incurred by the Park District in purchasing substitute materials and/or services, from the time of non-performance to the contract expiration date. In addition to the difference in price, the awardee shall promptly reimburse the Park District for expenses in securing alternative goods, materials or services due to the awardees failure to meet its obligations, and for all attorneys fees and court costs incurred to seek or enforce collection of said difference, costs, fees, and expenses, or any other amounts due the Park District. The Park District reserves the right to hold back any monies due the awardee at the time of the awardees inability or failure to perform, and to deduct from these funds any said difference, costs, fees and expenses. XXIV. TERMINATION A. Termination for Convenience: The Chicago Park District reserves the right to terminate a contract in whole or in part, without showing cause, upon giving written notice to the awardee. The Park District shall only pay for the goods delivered and accepted and/or services performed prior to the date of termination at the related contract unit prices. The awardee will not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Termination for Cause: Failure on the part of the awardee to fulfill contractual obligations shall be considered just cause for termination of the contract, and the Chicago Park District shall have against the awardee all remedies provided by law and equity. The Park District shall have the option of paying for services performed and/or goods delivered and accepted by the Park District that are in compliance with the requirements of the contract documents prior to the date of termination, or the Park District may return the unused or unconsumed goods to the awardee without obligation for payment thereof or for any shipping costs associated therewith.

B.

XXV.

AUDITS. The Park District reserves the right to conduct an audit, at the Park Districts expense, for a period of two (2) years after the expiration of the term of the contract. The awardee shall make all records related to the Park District activities available for audit during regular business hours.

XXVI. NON-APPROPRIATION OF FUNDS. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds. In the event that no funds or insufficient funds are appropriated and budgeted in any fiscal period, the Park District will notify the awardee of such occurrence. XXVII. SEPARATE CONTRACTS AND COOPERATIONS. The Park District reserves the right to obtain other

P-11060 33 contracts or to employ its own forces to do work adjacent to or immediately connected with services performed under this contract. Awardee shall cooperate with all other contractors and workmen employed by the Park District in such manner and to such extent as to facilitate the completion of all Park District contracts. XXVIII. OTHER SUPPLIERS. It shall be understood and become a condition of the contract that the Chicago Park District reserves the right to secure services from other suppliers when necessary. XXIX. CHANGE OF ADDRESS OR BUSINESS INFORMATION. The Director of Purchasing must be notified immediately of any change of address of the awardee, or change in name and/or ownership, or of any change in the awardees business organization as described in the Economic Disclosure Statement submitted with the proposal. End of General Conditions

P-11060

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SPECIAL CONDITIONS

NO
SPECIAL CONDITIONS TO THE GENERAL CONDITIONS HAVE BEEN REQUESTED

P-11060

35

NOTICE REGARDING MBE/WBE PARTICIPATION

IN ALL CHICAGO PARK DISTRICT CONTRACTS

MBE/WBE PARTICIPATION IS MANDATORY.

Submitters should read and familiarize themselves with the following Compliance Conditions, which will apply to and form a part of any contract awarded as a result of this RFP. These are the conditions submitters will be agreeing to when submitting a proposal.

THE PROPOSAL MUST INCLUDE THE SUBMITTERS MBE/WBE COMPLIANCE AFFIDAVIT NO EXCEPTIONS

End of Notice Regarding MBE/WBE Participation

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COMPLIANCE CONDITIONS
REGARDING PARTICIPATION BY MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES

These Compliance Conditions form a part of the contract documents. Failure to carry out any of the commitments contained herein shall constitute a material breach of the contract. DEFINITIONS All terms not specifically defined in the Compliance Conditions will be governed by the definitions in the General Conditions unless the context indicates otherwise. Broker means a person or entity that fills orders by purchasing or receiving supplies from a third party supplier rather than out of its own existing inventory, and provides no commercially useful function other than acting as a conduit between the supplier and the customer. Brokerage will not be counted toward MBE/WBE goals. Certification or certified means official recognition of the MBE or WBE status of a business by a public or private entity such as the City of Chicago, the Chicago Minority Business Development Council (CMBDC), the Womens Business Development Center (WBDC), or the Small Business Administration (SBA). Commercially useful function means that a firm is responsible for the execution of a distinct element of the work of the contract and carries out its responsibilities by actually performing, managing, and supervising the work involved, or by fulfilling its responsibilities as joint venturer. To determine whether a firm is performing a commercially useful function, the Chicago Park District will evaluate the amount of work subcontracted, industry practices, and other relevant factors. Contract means any contract, purchase order, or agreement awarded by any officer or agency of the Chicago Park District, or whose cost is to be paid from funds belonging to or administered by the Park District, regardless of the source. Direct participation means the participation by an MBE or WBE as (1) the prime contractor, (2) a joint venture partner, or (3) a subcontractor of a portion of the work of the contract. Established business means a business entity which, by virtue of its size and capacity for competing in the markets in which it operates, does not need to be a participant in the MBE/WBE program in order to effectuate the purposes of the program as determined by the Park District. In general, a business entity shall be presumed to be an established business if it meets local and other nationally recognized standards for such status. Indirect participation means the participation by an MBE or WBE in ancillary aspects of the work of the contractor. Joint venture means an association of two or more businesses formed to carry out a single business enterprise for profit, and for which purposes they combine their expertise, property, capital, efforts, skills and knowledge. Local business means a business entity located within the counties of Cook, DuPage, Kane, Lake, McHenry or Will in the State of Illinois (the Six-County Region) which has the majority of its regular, full-time work force located within the six-county region. Minority group means any of the following racial or ethnic groups: African-Americans or Blacks (persons having origins in any of the Black racial groups in Africa) Hispanics (persons of Spanish culture with origins in Mexico, South or Central America or the Caribbean Islands, regardless of race) Asian-Americans (persons having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent, or the Pacific Islands) Other groups, or other individuals, found by the General Superintendent to be socially and economically disadvantaged and to have suffered actual racial or ethnic discrimination and decreased opportunities to compete in Chicago area markets and to do business with the Chicago Park District For purposes of contracts funded by state or federal government sources, groups found to be eligible for the designation of DBE (Disadvantaged Business Enterprise) by such governmental sources

Minority-owned business or MBE means a local business that is certifiably at least 51% owned by one or

P-11060 37 more members of one or more minority groups, or, in the case of a publicly-held corporation, a corporation in which at least 51% of the stock is owned by one or more members of one or more minority groups, and whose management and daily business operations are controlled by one or more members of one or more minority groups, and which is not an established business. Minority-owned business enterprise goal or MBE goal means the goal adopted for participation by MBEs by the Chicago Park District Code, Chapter XI, Section F. Owned means having all of the customary incidents of ownership, including the right of disposition and the sharing of all risks and profits, commensurate with the degree of ownership interest. Program means the Minority and Women-owned Business Enterprise Program enacted by Chapter XI, Section F of the Code of the Chicago Park District, and all rules, regulations, forms, and schedules promulgated thereunder. Schedules means the Schedule A and Schedule B prepared by the Park District. Women-owned business or WBE means a local business that is certifiably at least 51% owned by one or more women, or, in the case of a publicly held corporation, a corporation in which 51% of the stock is owned by one or more women, and whose management and daily business operations are controlled by one or more women, and which is not an established business. Women-owned business enterprise goal or WBE goal means the goal adopted for participation by WBEs by the Chicago Park District Code, Chapter XI, Section F. I. POLICY: It is the policy of the Chicago Park District that members of minority groups and women participate to the maximum feasible extent in the performance of Park District contracts. During the performance of this contract, the submitter agrees that it shall not discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military service, parental status, or sexual orientation in the solicitation for or purchase of goods or services, or the subcontracting of work in the performance of this contract.

II. COMMITMENT TO MBE/WBE PARTICIPATION A. In order to be considered responsive, the submitter shall commit to participation of at least 25% MBE participation (MBE goal) and at least 5%WBE participation (WBE goal), and identify by category the type of work, goods, or service that will be provided by MBE/WBE firms, unless, prior to the submission of the proposal, the Park District grants a percentage reduction or a waiver through the process detailed in Section II.F below. The Director of Purchasing, subject to the approval of the General Superintendent, may extend the period for the granting of reductions or waivers in order to increase the opportunities for the participation of MBEs and/or WBEs in the performance of the contract. B. If the submitter is a certified MBE firm, the WBE requirement must still be met. If the submitter is a certified WBE firm, the MBE requirement must still be met. A business enterprise owned by a woman who is a member of a minority group may be counted on a particular contract as an MBE or a WBE, but not both. C. The total dollar value of the submitters MBE or WBE direct participation and indirect participation shall be counted toward the MBE and/or WBE goals. D. If the contract value is increased through a change order or contract modification, the MBE and WBE expenditures must increase proportionally. E. The commitment to achieve the MBE goal and the WBE goal may be met by: 1. the submitters status as a MBE or a WBE; or 2. the submitters status as a joint venturer with one or more MBEs and/or WBEs. The percentage of the ownership and control of the MBE joint venturer or WBE joint venturer shall be the percentage of participation counted toward the MBE goal and/or the WBE goal. A joint venture is eligible for participation as an MBE and/or WBE, if, and only if, all of the following requirements are satisfied: a. the MBE or WBE venturer(s) participates in the ownership, control, management responsibilities,

P-11060 risks and profits of the joint venture in proportion with the MBE and/or WBE ownership percentage; b. the MBE and/or WBE venturer(s) is responsible for a clearly defined portion of the work of the contract in proportion with the MBEs and/or WBEs ownership percentage; and c. the MBE and/or WBE venturer(s) actually performs with its own forces and using its own equipment, work equal to at least 75% of the value of its ownership of the joint venture. The Director of Purchasing, in consultation with appropriate Park District staff, will evaluate the proposed joint venture agreement and all other relevant documents to determine whether these requirements have been satisfied; or 3. subcontracting a portion of the work of the contract to one or more MBEs and/or WBEs: a. A submitter may count toward its MBE or WBE goal only participation of firms that perform a commercially useful function in the work of the contact.

38

b. Brokering will not be counted toward the Programs goals. Consistent with normal industry practices, a MBE or WBE may enter into subcontracts; however, if an MBE or WBE subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the MBE or WBE shall be presumed not to be performing a commercially useful function. The submitter may present evidence to rebut this presumption. Where an MBE or WBE, consistent with industry practices, intends to enter into further subcontracts totaling more than 25% of the value of the MBEs or WBEs subcontract, the MBE or WBE must submit all documents required by Section IV of these Conditions regarding all further subcontracts, except that reductions or waivers of the MBE goal or WBE goal need not be obtained. However, the dollar value of any work that is further subcontracted to other than MBEs and/or WBEs shall not be counted toward the attainment of the bidders MBE and/or WBE goals. This provision does not apply to MBEs or WBEs who represent manufacturers. Agreements between a submitter and an MBE or WBE in which the MBE or WBE promises not to provide subcontracting quotations to other submitters are prohibited. 4. the purchase of materials or services used in or related to the performance of the contract from one or more MBEs and/or WBEs; or 5. Any combination of the foregoing. F. Reduction or Waiver of the MBE goal and/or WBE goal The Director of Purchasing, in consultation with appropriate Park District staff, shall consider any request for a reduction or a waiver of the MBE goal and/or the WBE goal when necessary. A reduction or waiver may be granted if, among other things, the reasonable and necessary requirements of the contract render sufficient subcontracting, joint venturing or other participation of MBEs and/or WBEs unfeasible or excessively costly; or, sufficient MBEs and/or WBEs capable of providing the goods and services required by the contract are not readily available despite affirmative efforts to locate such businesses. 1. If a submitter determines that it is unable to meet the required MBE goal and/or the WBE goal through direct subcontracts, the submitter should attempt to meet the goals through indirect subcontracts. In the rare instance in which indirect subcontracting also is not possible, the submitter must request a reduction or a waiver of the goal(s) prior to submission of its proposal. In order to obtain a reduction or waiver, the submitter must document its unsuccessful solicitation (as either subcontractors or joint venturers) of a reasonable number of the appropriately certified MBEs and WBEs. Documentation must include, but is not necessarily limited to: a. a detailed statement of efforts to identify and select portions of work identified in the proposal solicitation for subcontracting to or joint venturing with MBEs and WBEs; and

2.

P-11060 b. a listing of all MBEs and WBEs contacted and not utilized, including: i. ii. iii. iv. names, addresses and telephone numbers of MBEs and WBEs solicited; date, time and method of contact;

39

a statement from each contacted MBE or WBE explaining why it was not available to do the work, or a statement that the MBE or WBE did not respond; and where relevant, documentation of all prices quoted by all subcontractors.

III. COMPLIANCE WITH MBE/WBE REQUIREMENTS A. Proposal 1. In the MBE/WBE Affidavit provided in the submittal documents, the submitter must commit to a minimum of 25% MBE and 5% WBE participation in any contract awarded to the submitter as a result of this proposal solicitation. 2. After final award approval by the General Superintendent or the Board, but prior to contract execution, the awardee will be required to complete a Schedule A (Statement of Prime Submitter Regarding MBE/WBE Utilization) and Schedule Bs (Letters of Intent from MBEs/WBEs to Perform as Subcontractor, Supplier, and/or Consultant), and supply all relevant current certification letters as set out below. B. Prior to Contract Execution 1. Schedule A: Statement of Prime Submitter Regarding MBE/WBE Utilization. Prior to contract execution, the awardee will be required to submit a completed Schedule A, committing to the utilization of each listed MBE and WBE, including MBE and WBE joint venturers. That submitter must commit to the expenditure of a specific dollar and/or percentage amount of participation by each MBE and WBE firm. The total dollar or percentage commitment to proposed MBE firms must at least equal the MBE goal of 25%. The total dollar or percentage commitment to proposed WBE firms must at least equal the WBE goal of 5%. The submitter is responsible for calculating the dollar equivalent of the MBE and WBE goals. All commitments made in Schedule A must conform to the submitted Schedule Bs. The submitter will not be permitted to substitute another firm for the MBEs and/or WBEs listed in Schedule A, except as described in Section IV. C. of these Conditions. 2. Schedule B: Letter of Intent from MBE or WBE to Perform as Subcontractor, Supplier and/or Consultant as included in the Submitters Schedule A. Each Schedule B must accurately detail the work to be performed by the MBE or WBE and the agreed rates and prices, and must be completed and signed by the MBE or WBE firm. 3. Letters of Certification: A copy of each proposed MBEs and WBEs current letters of certification (or other certification documents) must be submitted with the Schedule B. The Park District accepts certification by public or private entities such as the City of Chicago, the Chicago Minority Supplier Development Council [CMSDC], the Womens Business Development Center [WBDC], or the Small Business Administration [SBA]. The Park District reserves the right to determine that even if an entity is certified, its inclusion in the Program does not further the Programs purposes. The Park District not the bidder shall determine the adequacy of the letters of certification or other certification documents. a. A receipt for the submittal of an application for certification is NOT AN ACCEPTABLE alternative to a current certification letter. b. The only ACCEPTABLE alternative to a current certification letter is a courtesy extension letter from the same certifying agency. C. Evaluation of the Schedules If the awardee fails to meet the MBE goal and/or the WBE goal committed to in the MBE/WBE

P-11060 40 Compliance Affidavit and no reduction or waiver was granted before the proposal was submitted; or if the awardee is found to be unresponsive or uncooperative; or if false statements were made in the MBE/WBE Compliance Affidavit; or if the awardee fails to cooperate promptly with the Park District; the awardee may be deemed non-compliant and ineligible for contract execution. IV. CONTRACT PERFORMANCE A. MBE and WBE Utilization Reports The awardee shall maintain records of all relevant data with respect to the utilization of MBEs and WBEs, retaining these records for a period of at least three years after expiration of the contract. The awardee shall file quarterly MBE and WBE Utilization Reports. Each MBE and WBE Utilization Report will reflect the current status of current and projected payments to MBEs and WBEs. Such reports shall include the following: the name, business address, telephone number and contact person of each MBE and WBE actually involved in the performance of the contract; a description of the work performed and/or product or service supplied by each MBE or WBE; the date and amount of each payment; and such other information as may assist the Director of Purchasing in determining the awardees compliance with the provisions of the Program. B. Access to Records During the term of the contract and for a period of three years after the expiration date of the contract, the Director of Purchasing shall have access to the awardees books and records, including without limitation payroll records, tax returns and records, and books of account, on five business days notice, to allow the Director of Purchasing to determine the awardees compliance with its commitment to MBE and WBE participation and the status of any MBE or WBE performing any portion of the contract. This provision shall be in addition to, and not a substitute for, any other provision allowing inspection of the awardees records by any officer or official of the Chicago Park District for any purpose. C. Substitution of MBEs and WBEs Listed in the Schedules When the awardee believes it has become necessary to substitute a new MBE or WBE in order to actually fulfill the MBE goal or WBE goal, or to complete the work of the contract, the awardee must submit to the Director of Purchasing a written request for permission to substitute a different MBE or WBE. Any substitution must receive prior approval from the Director of Purchasing. If the participation of MBEs and/or WBEs in the contract would be reduced by the substitution, the awardee must utilize MBEs and/or WBEs in other areas of the contract to meet the MBE goal and/or WBE goal, unless a reduction or waiver is granted. Such a request must include specific reasons for the proposed substitution, including an affidavit from the MBE or WBE listed in Schedule A and not utilized, stating why the MBE or WBE is unable to complete the work. Acceptable reasons include, but are not limited to, the following: 1. the MBE or WBE was found not to be able to perform the work as described in the Schedules, or was not able to perform on time; 2. the MBE or WBE was found not to be able to produce acceptable work; 3. the MBE or WBE was discovered to be improperly certified; or 4. the MBE or WBE later demands an unreasonable escalation of price. The awardees substitution request should include the names, addresses, and officials of any proposed substitute MBE or WBE and the dollar value and scope of work of the proposed subcontract. Such notification shall also include documents that are required for the determination of proposal compliance, including the Schedules and current certification letters. The Park District will not approve extra payment for escalated costs incurred by the awardee when a substitution becomes necessary for the awardee in order to comply with the MBE goal and/or the WBE goal. V. NON-COMPLIANCE The following constitute material breaches of the contract and shall entitle the Park District to declare a

P-11060 41 default, terminate the contract and exercise those remedies provided for in the contract and at law or in equity: (1) failure to satisfy the MBE goal and/or the WBE goal required by the contract; or (2) the disqualification of the MBE or WBE when such status was a factor in the contract award and was misrepresented by the submitter . A. In the event of an awardees non-compliance with the commitment to MBE and/or WBE participation, the awardee agrees to pay damages to the MBEs and WBEs that were underutilized due to no fault of the MBE or WBE. The unexcused reduction of MBE and/or WBE participation in connection with a contract, including any modification thereof, shall entitle the affected MBEs and WBEs to damages. The awardee agrees to submit any dispute concerning such damages to binding arbitration by an independent arbitrator, other than any department or agency of the Chicago Park District, with reasonable expenses, including attorneys fees and costs being recoverable by a prevailing MBE or WBE. B. In the event that an awardee is determined by the Director of Purchasing not to have been involved in any misrepresentation of the status of a disqualified MBE or WBE included in the Schedules, the Director of Purchasing may allow the awardee to discharge the MBE or WBE and, if possible, identify and engage a qualified MBE or WBE as a replacement. A MBE must be replaced by another MBE and a WBE must be replaced by another WBE, unless a reduction or waiver is granted. C. If, after notice and a hearing before the Director of Purchasing, the General Superintendent determines that an awardee or a MBE or WBE has made fraudulent misrepresentations to the Director of Purchasing regarding the utilization of MBEs or WBEs, or has colluded with another making such fraudulent misrepresentations, the awardee or MBE or WBE shall be disqualified from contracting or subcontracting on additional contracts with the Park District for a period of three years. D. The consequences provided herein shall be in addition to any other criminal or civil liability to which such entities may be subject. The General Superintendent, through the General Counsel of the Park District, shall inform the appropriate law enforcement officers of instances of fraudulent misrepresentation and collusion.

End of Compliance Conditions

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INSURANCE REQUIREMENTS
STANDARD RFP

RATING OF INSURANCE COMPANIES The insurance company or companies providing the required coverage during the entire term of the contract shall be satisfactory to the Park District and shall carry a minimum policyholder rating of not less than A as listed in Bests Key Rating Guide. CERTIFICATES OF INSURANCE The awardee shall furnish to the Department of Purchasing, Chicago Park District, 541 North Fairbanks Court, 3rd Floor, Chicago, IL, 60611, original certificates of insurance evidencing the required coverage, in force on the effective date of this contract, and renewal certificates of insurance or some such similar evidence if the coverages have an expiration or renewal date occurring during the term of the contract. The receipt of any certificate does not constitute agreement by the Park District that the insurance requirements for the contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all of the contract requirements. The failure of the Park District to obtain certificates or other insurance evidence from the contractor shall not be construed as a waiver of the requirements by the Park District. NAMED INSURED Except for Workmans Compensation and Professional Liability, the awardee shall make the Chicago Park District, its Commissioners, Board members, officers, agents, and employees, individually and collectively, an additional insured. TYPES AND LIMITS Workers Compensation Insurance and Employers Liability insurance: in accordance with the laws of the State of Illinois, with statutory amounts covering all employees who are to provide a service under this agreement, with limits of not less than $500,000 for each accident or illness. Commercial General Liability Insurance: on an occurrence basis or equivalent with limits of not less than $1,000,000 per occurrence, combined single limit, and $2,000,000 aggregate, including but not limited to bodily injury, personal injury, property damage, products/completed operation, contractual liability, cross liability and severability of interest. The Chicago Park District is to be named as an additional insured. Automobile Liability Insurance: When any motor vehicles are used in connection with work to be performed under this contract, the awardee or his subcontractors (if any) shall provide $1,000,000 combined single limit per occurrence for bodily injury and property damage. Hired and non-owned vehicle coverage is to be included with any owned vehicle coverage. The Chicago Park District is to be named as an additional insured. Professional Liability Insurance: with limits of liability no less than $1,000,000. Excess (Umbrella) Liability Insurance: with limits of liability no less than $5,000,000. PROVISIONS 1. Awardee shall advise all insurers of the contracts provisions regarding insurance. 2. Awardees insurance is to be placed with insurers authorized to do business in the State of Illinois and with a Bests rating of no less than A, covering all operations under this contract. Exceptions to this provision are only at the discretion of the Chicago Park Districts Director of Risk Management. 3. Awardees insurance coverage shall be primary insurance as respects the Park District, its officers, officials, employees and volunteers. Further, the awardee agrees that insurers shall waive all rights of subrogation against the Chicago park District. 4 Submitter expressly understands and agrees that any insurance protection furnished by the submitter

P-11060 43 hereunder shall in no way limit its responsibility to indemnify and save harmless the Chicago Park District under the provisions of the contract. 5. Any insurance or self-insurance maintained by the Chicago Park District, its officers, officials, employees or volunteers shall not contribute to the awardees insurance. The Chicago Park District shall have no responsibilities whatsoever to awardee with respect to any insurance coverage, its procurement, or the absence thereof. 6. The awardees insurance shall provide for sixty (60) days prior written notice to be given to the Director of Risk Management in the event coverage is substantially changed, suspended, voided, canceled, or not renewed. Submitter shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. The Park District maintains the right to modify, delete, alter or change these requirements.

7. 8.

End of Insurance Requirements

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PROPOSAL EXECUTION

NOTICE A PERSON OR PERSONS LEGALLY AUTHORIZED TO BIND THE SUBMITTER TO A CONTRACT MUST SIGN THE PROPOSAL.

IF THE SUBMITTER IS A CORPORATION

The proposal shall be signed in the name of the corporation by

THE PRESIDENT OF THE COMPANY

and shall be properly notarized. The proposal shall show the state in which the corporation is chartered. If it is a foreign corporation, the proposal shall show whether or not it is licensed to transact business in Illinois. IF SOMEONE OTHER THAN THE PRESIDENT SIGNS the CPD requires the inclusion of satisfactory evidence (COPIES OF CORPORATE BYLAWS, RESOLUTIONS, OR POWER OF ATTORNEY) that the person signing the proposal is properly authorized to execute contracts.
THIS SIGNING AUTHORITY MUST BE PROVIDED EACH TIME A COMPANY SUBMITS A PROPOSAL.

IF THE SUBMITTER IS A PARTNERSHIP OR LIMITED LIABILITY COMPANY

The proposal shall be signed in the name or style under which the organization is doing business,

BY ALL OF THE PARTNERS OR MEMBERS,

unless one partner or member has been authorized to sign for the partnership or limited liability company, in which case EVIDENCE OF SUCH AUTHORITY satisfactory to the Director of Purchasing shall also be submitted.
THIS SIGNING AUTHORITY MUST BE PROVIDED EACH TIME A COMPANY SUBMITS A PROPOSAL.

IF THE SUBMITTER IS AN INDIVIDUAL OR SOLE PROPRIETOR

The proposal shall be signed

BY THE INDIVIDUAL OR SOLE PROPRIETOR

or by appointed representative, stating the name under which he/she is doing business. IF SIGNING IS BY APPOINTED REPRESENTATIVE his or her power of attorney or other authorization must be stated and provided.
THIS SIGNING AUTHORITY MUST BE PROVIDED EACH TIME A COMPANY SUBMITS A PROPOSAL.

End of Proposal Execution

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45

PROPOSAL CONTENTS
The proposal must contain the following:

1.

FORMS, in the following order:

a. b. c. d. e. f. g. h. i. SIGNATURE PAGE
(Receipt by the submitter of addenda or supplements to this RFP must be acknowledged on the proposals Signature Page.)

ECONOMIC DISCLOSURE STATEMENT & AFFIDAVIT FINANCIAL STATEMENT LEGAL ACTIONS SELF-PERFORMANCE AFFIDAVIT SUBCONTRACTOR FORM VENDOR REFERENCES FORM
(Reference letters may be included. If the submitter is a joint venture, a completed Vendors References Form is required for both firms.)

SUSTAINABILITY STATEMENT MBE/WBE COMPLIANCE AFFIDAVIT

2.

CERTIFICATIONS AND LICENSES: Provide a copy of

a. b. c. Your firms state Certificate of Incorporation (if organized as a corporation) Your firms insurance certificate (or Letter of Insurability from the insurance carrier, evidencing the coverages and limits required for this contract) Any/all of the firms licenses that are required by the State of Illinois or City of Chicago to perform this type of work

3.

PROPOSAL, in the following order:

a. DESCRIPTION OF SUBMITTER: Provide a detailed description of the firm, including: (1) how many years the firm has been in business; (2) the overall number of employees and their responsibilities; (3) an overview of all the services that your firm provides; and (4) any other relevant information that describes your firm. CAPACITY TO PERFORM: Provide a summary of current and future projects and commitments and include projected completion dates. Describe how any uncompleted projects and/or contractual commitments to other clients will affect your ability to deliver the services required in this RFP. For each current and future project, identify the percentage of the services that will be performed by your firm and the percentage of the work that will be subcontracted to other firms. IMPLEMENTATION PLAN describing how the submitter intends to administer and maintain the project, as outlined below: 1) Management Services The submitter shall provide a description as to how it will satisfy the maintenance responsibilities, including whether the work is to be performed by its own staff or through contracted services. Provide a detailed organizational chart indicating which services will be performed by the Submitters own staff, which will be subcontracted out, and the role of each firm. Capital Improvements:

b.

c.

P-11060 a)

46 If the submitter intends to re-design the venue or portions of it, then describe in detail, the proposed changes. Include an explanation about how the proposed changes would aid the CPD in achieving its objectives at the venue. If the submitter does not intend to re-design the venue or portions of it, then indicate so on a separate sheet. b) If applicable, identify the firm(s) that will use for any design and construction. Provide a description of their experience, including examples of similar venues that they have designed and constructed. Also indicate whether the Respondent has previously worked with the firms proposed.

2)

Operations Services a) Describe how you will satisfy the operations responsibilities, including whether the work is to be performed by its own staff or through contracted services. Provide a detailed organizational chart indicating which services will be performed by the Submitters own staff, which will be subcontracted out, and the role of each firm. Describe your marketing, and booking approach for the venue, including how such marketing and booking will facilitate achieving the goals set forth in the scope of work. Also provide a detailed list or description of the possible events to be held at the venue, including the type of concerts that may be booked. Include annual projections of the number of events to be held at the venue, projected attendance levels, and projected annual revenue. Lastly, discuss the possibility of non-concert season programming. Describe the financial procedures which the submitter plans to develop and implement to ensure cash and revenue controls, to provide accountability, and to maximize revenue.

b)

c)

d.

EXPERIENCE 1) Provide a description of its current and previous experience in providing services of a comparable scope and magnitude to those identified in the scope. For each project mentioned, include: (i) a description of the project; (ii) the role of the your firm and services performed; (iii) the location of the project; (iv) the percentage of work performed by your firm and the percentage subcontracted out; (v) the start and completion dates; (vi) the total contract amount; (vii) the annual aggregate revenue generated; (viii) the annual revenue generated by each revenue stream (e.g. tickets, concessions, retail, etc.); (ix) the annual aggregate expenses; (x) the annual attendance; (xi) the annual schedule of shows and attendance for each show; and (xii) contact names and numbers for each project. If the submitter is a joint venture, then a description for each member of the joint venture is required.

2) e.

ORGANIZATION AND PERSONNEL 1) 2) Describe your hiring policies, particularly with respect to achieving diversity in the work force. Organization and key personnel a) b) Provide an overall organizational chart indicating the role of all the firms that will provide services. Identify key management personnel by name, describe their role, and provide

P-11060 their resumes. If the Submitter is a joint venture, then provide the joint venture company affiliation for each position.

47

Any changes to the key personnel proposed here, before or after award, must be approved in writing by the CPD. 3) Event staffing a) b) Describe the staffing plan for events. Include detailed descriptions of the service provider and the resumes of key personnel. Describe which services will be performed by the Submitters own staff and which will be subcontracted out. If this information is the same as b, 2) and 3) above then clearly indicate on the chart that its the same.

4.

COST PROPOSAL
DO NOT recreate, reformat, or otherwise alter the cost proposal document provided in this RFP. Use AS IS. End of Proposal Contents

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PROPOSAL PACKAGING AND DELIVERY

YOUR PROPOSAL SHOULD HAVE FOUR (4) SECTIONS, AS LISTED ON PP. 45-47. 1. 2. 3. 4. FORMS CERTIFICATIONS AND LICENSES PROPOSAL COST PROPOSAL

COPYING THE PROPOSAL

A. The original BEFORE the original (of all 4 sections) is signed, make ONE copy. Have both the original AND the copy signed (SEE PROPOSAL EXECUTION, p. 44). BOTH must have ORIGINAL SIGNATURES. These will be the TWO (2) required originals. Mark each as ORIGINAL. B. The copies (1) Make six (6) copies of the signed original of section 1 [FORMS], section 2 [CERTIFICATIONS & LICENSES] and section 3 [PROPOSAL] for a total of six (6) sets. These
copies also may be provided as six (6) CDs (NOT DVDs).

(2)

Make six (6) copies of the signed original of section 4 [COST PROPOSAL]. These copies
also may be provided as six (6) CDs (NOT DVDs).

PACKAGING THE PROPOSAL

A. THE ORIGINALS (1) Package the two signed originals together into ONE package.
Do not use comb or spiral binding on originals. Binder clips are acceptable.

(2) B.

Label package clearly ORIGINALS and add your firms name.

THE COPIES (1) PACKAGE TOGETHER the SIX (6) SETS of copies (or CDs) of section 1 [FORMS], section 2 [CERTIFICATIONS & LICENSES], and section 3 [PROPOSAL]. Label package clearly FORMS & PROPOSAL for P-11060 and add your firms name. (2) PACKAGE TOGETHER the SIX (6) COPIES (or CDs) of section 4 [COST PROPOSAL]. Label package clearly COST PROPOSAL FOR P-11060 and add your firms name.

C.

THE TOTAL PROPOSAL SUBMITTAL The ONE package of two originals and the TWO packages of copies must be sealed in or

P-11060

49

secured as ONE PACKAGE or BOX. (1) The submittal package or box must be clearly marked with the specification title and number and the proposal due date.
DO NOT put your companys name & address on the submittal package.

(2)

If you submit your proposal via a delivery service (U. S. Mail, FedEx, UPS, DHL, etc.) YOU MUST INDICATE ON THE PACKAGE THAT IT IS A PROPOSAL. The package must be clearly marked with the specification title and number and the proposal due date.

DELIVERING THE PROPOSAL

A. DELIVER THE PROPOSAL TO THE DEPARTMENT OF PURCHASING, 3RD FLOOR, ON OR BEFORE THE DATE AND TIME SPECIFIED. (1) The submitter is responsible for ensuring timely delivery to the Purchasing Department. (2) Proposals sent via United States mail or other delivery services will be considered only if they are received in the Department of Purchasing before the specified time on the due date. The CPD does not guarantee that proposals received in the building by mail or other delivery services will be delivered to the Department of Purchasing before the 3:00 p.m. deadline. The Department of Purchasing's clock controls the time, not the submitter's. LATE PROPOSALS WILL NOT BE ACCEPTED.

(3) B.

End of Proposal Packaging and Delivery

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EVALUATION AND SELECTION PROCESS

In general terms, the evaluation / selection process has three phases.

PHASE I
The Department of Purchasing initially reviews each proposal received to determine whether or not the proposal is: (1) responsive to the requirements of the RFP, and (2) compliant with the CPDs MBE/WBE goals. RESPONSIVENESS: To be deemed responsive, the proposal must contain all required and appropriatelysigned forms, information, documents, and certifications listed in sections 1, 2, and 3 of the PROPOSAL CONTENTS beginning on p. 41, and, for comparative purposes, the completed forms MUST be those supplied in this RFP. The CPD will not accept any reformatted or re-created versions of these forms. A proposal WILL be deemed non-responsive and eliminated from consideration if any of the following occur: 1. 2. 3. 4. The Signature Page is not signed Someone other than the President of your firm signs the Signature Page, and you do not include acceptable legal proof that the signer is authorized to bind your firm to a contract Addenda are issued, and you fail to acknowledge receipt of the addenda on the Signature Page You do not provide a completed and signed Schedule A showing 25% MBE and 5% WBE participation; Schedule Bs for each MBE and WBE firm named on that Schedule A; and current certification letters for those firms You do not submit the required two-part proposal You do not submit the completed cost proposal form(s)

5. 6.

A proposal MAY be deemed non-responsive and eliminated from consideration if any other required documents are lacking. COMPLIANCE: In addition to reviewing the Schedule A, Schedule Bs, and certification letters for completeness and accuracy, Purchasing also reviews and evaluates the percentage, relevancy, and quality of participation by certified local MBE and WBE firms. All responsive and compliant proposals -- minus their separately-packaged cost proposals -- are forwarded to the RFPs evaluation committee (EC). The EC first evaluates the proposals on merit alone. After the merit review, the corresponding cost proposals are distributed and evaluated.

PHASE II
The EC is chaired by Purchasing (non-voting) and is typically composed of CPD staff. It is also possible for an EC to include outside parties as either voting or non-voting members. The EC has the sole responsibility and power to determine the qualifications and capabilities of the submitter, the reasonableness of the cost proposal and/or fee schedule, and other factors.

EVALUATION CRITERIA
1. The submitter must be an established company with the professional qualifications and specialized experience necessary for the satisfactory performance of the services required by the RFP, and must possess all appropriate licenses and certifications that are issued by the various agencies pertaining to its particular business. Experience must include projects of similar scope and magnitude. The submitter must be financially stable, in order to ensure performance over the duration of the contract. Key personnel committed to this project must have verifiable professional qualifications and experience in performing similar services.

2. 3.

P-11060 51 4. The submitter must have verifiably good past and present performance on comparable contracts in terms of quality of work and compliance with performance schedules. The CPD may solicit relevant information concerning the submitters record of performance from current and previous clients, or from any other available sources. 5. The submitter must have the ability to begin and perform work in a timely manner in accordance with the provided schedules and specifications, and the capacity to provide all services within the necessary time frame. The submitters understanding of the project must be clear and comprehensive; the implementation plan must demonstrate the submitters ability to achieve the projects goals, with the submitters overall strategy, methodology, and approach apparent; and all other submitted elements identified in the RFPs PROPOSAL CONTENTS section should be clear, relevant, and comprehensive. The reasonableness of the submitters proposed cost(s) will be taken into account.

6.

7.

No proposals will be accepted from (or contract awarded to) any person, business or corporation that is in arrears or is in default with the CPD upon any debt of contract, or that is defaulter, as surety or otherwise, upon any obligation to said CPD, or has failed to perform faithfully on any previous contract with the CPD.

PHASE III
Once the committee has the results of the combined merit / cost scores, they have several options. They may (1) recommend for award the top-scoring firm; (2) reject one, some, or all proposals; (3) ask one, some, or all submitters to clarify information contained in their proposals, or to supply more detail; (4) ask one, some, or all submitters to answer additional questions; (5) invite one, some, or all submitters to appear before the committee, either for an interview, oral presentation, or demonstration; or (6) any combination of 2 through 5. If the committee exercises any or all of the options described above, they are implemented by the Department of Purchasing and the responses are evaluated by the committee. Each element may be individually scored. The Department of Purchasing tabulates any interim and the final aggregate scores, and the scoring results are evaluated by the committee. If, as described above, the submitter is asked to clarify or provide additional information, the submitter must do so within a reasonable time, as determined by the Director of Purchasing or his/her designee. The CPD also reserves the right to negotiate the specifications, terms, and conditions with any submitter, if necessary or appropriate to the accomplishment of the purpose of this RFP. Exercising this right to negotiate is not a commitment on the part of the CPD to award the contract to the participating submitter. Any supplemental information or other submissions provided by the submitter during discussions or negotiations will be held, by the CPD, as contractually binding. Recommendation of Award: At the end of their evaluation, the committee will recommend that the highestranking company be the awardee. Their recommendation will be forwarded to the CPD General Superintendent and/or Board of Commissioners for review and final approval of the contract award.

End of Evaluation & Selection Process

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PROPOSAL SUBMITTAL FORMS

REMOVE AND COMPLETE ALL FORMS. SIGN AND NOTARIZE WHERE REQUIRED.

ADD
OTHER DOCUMENTS LISTED ON PAGES
4547

CAUTION
YOUR PROPOSAL WILL BE DEEMED

NON-RESPONSIVE
IF ANY OF THE FOLLOWING OCCUR: The Signature Page is not signed Someone other than the President of your firm signs the Signature Page, and you do not include acceptable legal proof that the signer is authorized to bind your firm to a contract Addenda are issued, and you fail to acknowledge receipt of the addenda on the Signature Page You do not provide a completed and signed MBE / WBE Compliance Affidavit You do not submit the required two-part proposal You do not submit the completed cost proposal form(s)

P-11060

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SIGNATURE PAGE
This submission is to be completed and executed in accordance with the stated provisions.

IF SOMEONE OTHER THAN THE PRESIDENT SIGNS,

submit a copy of the company's by-laws, a resolution, or power of attorney demonstrating that person's authority to bind the company contractually.
The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the services or items stated herein, subject to all instructions, terms, conditions, schedules, specifications and attachments hereto, except only to the extent that the submitter has taken express written exception in this proposal. Failure to have read and understood all of the provisions of this solicitation shall not be cause to alter the resulting contract or request additional compensation. Submitter agrees that this proposal shall be good and may not be modified or withdrawn for a period of 120 calendar days after the scheduled closing time for receipt of proposals. Criminal Code: By signing this document, the submitter hereby certifies that they are not barred from submitting a proposal for this contract as a result of engaging in or being convicted of: (a) bid-rigging in violation of Section 3; or (b) bid rotating in violation of Section 4, of the Illinois Criminal Code of 1971, as amended (720 ILCS, 5/33E-3 and 4), or any similar offenses of any state of the United States. A submitter who makes a false statement material to this certification commits a Class 3 felony. Anti-Collusion: The submitter of this proposal hereby certifies that such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company collusive or sham, and that said has not been a party to any agreement or collusion among submitters or prospective submitters in restraint of freedom of competition by agreement to propose a fixed price, or otherwise, or to refrain from proposing, and has not, directly or indirectly, by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the Chicago Park District or of any submitter or anyone else interested in the proposed contract.

Business Organization:

Sole Proprietor Partnership Limited Liability Company Corporation; State of Incorporation:

Submitter:
(Print or Type Name of Business)

Signature:
(Written Signature of President or Authorized Officer/Representative)

Date:

Name/Title:
(Printed or Type Name and Title of President or Authorized Officer/Representative)

Address:

______________________________________________
(Print or Type Business Address) NOTARY SEAL

City/State/Zip: _____________________________________________
(Print or Type City, State and Zip Code)

Telephone #: NOTARY:

___________________

Fax #:___________________

If this proposal is submitted by a JOINT VENTURE each business shall provide the information requested above.
SUBMITTERS MUST ACKNOWLEDGE RECEIPT OF ALL ADDENDA (IF ANY) BELOW. Submitter acknowledges receipt of addenda: Number _____ _____ _____
Dated ______ _____ _____

_____
______

COST PROPOSAL
The CPDs parks are held in trust for the benefit of the public. Use of public property for a private, commercial purpose is justifiable only if there is substantial economic benefit to the public. The CPD has not set any specific fees for this agreement; however the CPD is interested in generating maximum revenue from this agreement. Definitions Concessions mean all food, beverages, merchandise, and retail provided or sold to event patrons. Gross Concession Revenue means any and all revenue generated directly from the sale of concessions at an operator event minus applicable sales tax. Fees Respondents shall provide information regarding the following fees: 1. 2. 3. 4. 5. 6. Base Annual Use Fee; Ticket Fee; Gross Concession Revenue Fee; Naming Rights Fee; Attendance Fee; and Other Revenue.

On the forms that follow, indicate the Base Annual Use Fee that the awardee shall pay the CPD, and for other fees, indicate the amount of revenue to be shared with the CPD. If sharing the revenue from one, some, or all of items 2-6 above is not possible, provide an explanation. If the respondent has alternative approaches or suggestions to sharing the revenue than whats being called for in the forms that follow, submit those ideas on separate sheets and provide a detailed explanation, including amounts to be paid to or shared with the CPD. Additional Information If the respondent is proposing capital improvements that would change the current venue then provide the following on separate sheets: 1. Projection of capital improvement costs (if applicable); a) Detail describing the capital improvement costs b) Reasons your firm proposes the capital improvements for the current venue. Regardless of whether the respondents is proposing capital improvements or not, provide a projected annual budget for each year detailing operating expenses and revenue. Include a projected number of events or shows per year.

2.

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COST PROPOSAL BASE ANNUAL USE FEE (2012-2014)

During each calendar year, the awardee shall pay the CPD a base annual use fee, paid in two (2) equal installments on June 30 and November 31 of each year. The CPD has not determined venue capacity. Indicate, below, the base annual use fee for each capacity listed. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2012
8,000 capacity 9,000 capacity 10,000 capacity

Base Annual Use Fee

$____________________

$____________________

$___________________

Installment Amount

$____________________

$____________________

$____________________

2013
8,000 capacity Base Annual Use Fee $____________________ 9,000 capacity $____________________ 10,000 capacity $___________________

Installment Amount

$____________________

$____________________

$____________________

2014
8,000 capacity Base Annual Use Fee $____________________ 9,000 capacity $____________________ 10,000 capacity $___________________

Installment Amount

$____________________

$____________________

$____________________

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COST PROPOSAL BASE ANNUAL USE FEE (2015-2016)

During each calendar year, the awardee shall pay the CPD a base annual use fee, paid in two (2) equal installments on June 30 and November 31 of each year. The CPD has not determined venue capacity. Indicate, below, the base annual use fee for each capacity listed. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2015
8,000 capacity Base Annual Use Fee $____________________ 9,000 capacity $____________________ 10,000 capacity $___________________

Installment Amount

$____________________

$____________________

$____________________

2016
8,000 capacity Base Annual Use Fee $____________________ 9,000 capacity $____________________ 10,000 capacity $___________________

Installment Amount

$____________________

$____________________

$____________________

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COST PROPOSAL TICKET FEE

The awardee shall pay the CPD a Ticket Fee for each ticket sold for each event at the venue. If you are not proposing capital improvements that will
increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

Calendar Year

Ticket Fee 8,000

Ticket Fee 9,000

Ticket Fee 10,000

2012

2013

2014

2015

2016

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 8,000 CAPACITY (2012-2013)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the respondent shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided.

2012
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

3rd Breakpoint
th 4 Breakpoint

OR No Breakpoints Share GCR from $0.01 Percentage to CPD____________________

2013
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

rd 3 Breakpoint

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

P-11060

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 8,000 CAPACITY (2014-2015)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the respondent shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided.

2014
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

3rd Breakpoint
th 4 Breakpoint

OR No Breakpoints Share GCR from $0.01 Percentage to CPD____________________

2015
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

3rd Breakpoint
th 4 Breakpoint

OR No Breakpoints Share GCR from $0.01 Percentage to CPD____________________

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 8,000 CAPACITY (2016)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the respondent shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided.

2016
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

3rd Breakpoint
th 4 Breakpoint

OR No Breakpoints Share GCR from $0.01 Percentage to CPD____________________

P-11060

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 9,000 CAPACITY (2012-2013)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the respondent shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2012
1st Breakpoint 2nd Breakpoint
rd 3 Breakpoint

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

2013
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

3rd Breakpoint
th 4 Breakpoint

OR No Breakpoints Share GCR from $0.01 Percentage to CPD____________________

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 9,000 CAPACITY (2014-2015)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the respondent shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2014
1st Breakpoint 2nd Breakpoint
rd 3 Breakpoint

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

2015
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

3rd Breakpoint
th 4 Breakpoint

OR No Breakpoints Share GCR from $0.01 Percentage to CPD____________________

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 9,000 CAPACITY (2016)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the respondent shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2016
1st Breakpoint 2nd Breakpoint
rd 3 Breakpoint

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 10,000 CAPACITY (2012-2013)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the respondent shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2012
1st Breakpoint 2nd Breakpoint
rd 3 Breakpoint

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

2013
1st Breakpoint 2
nd

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

Breakpoint

3rd Breakpoint
th 4 Breakpoint

OR No Breakpoints Share GCR from $0.01 Percentage to CPD____________________

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 10,000 CAPACITY (2014-2015)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the responded shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2014
1st Breakpoint 2nd Breakpoint
rd 3 Breakpoint

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

2015
1st Breakpoint 2nd Breakpoint
rd 3 Breakpoint

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

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COST PROPOSAL GROSS CONCESSION REVENUE FEE 10,000 CAPACITY (2016)

The awardee shall pay the CPD a percentage of gross concession revenue (GCR) as defined in the Scope of Services. Below, the responded shall indicate two (2) methods of sharing GCR: (i) with breakpoints and corresponding percentage to the CPD; and (ii) flat percentage without breakpoints. The CPD has not decided which method it will accept, and its determination will be based upon review and evaluation of the information provided. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

2016
1st Breakpoint 2nd Breakpoint
rd 3 Breakpoint

$0.01 to $___________________________________________ $________________________ to $_______________________ $________________________ to $_______________________ $________________________ to $_______________________

Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________ Percentage to CPD____________________

4th Breakpoint OR No Breakpoints

Share GCR from $0.01

Percentage to CPD____________________

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COST PROPOSAL NAMING RIGHTS FEE

The awardee may negotiate naming rights as part of its responsibilities (see Scope of Services for detail). Indicate below, the percentage of the naming rights fee that will be allocated to the CPD. If you are not proposing capital improvements that will increase the capacity beyond the current 8,000,
then indicate the 9,000 and 10,000 entries do not apply.

8,000 capacity Percentage of naming rights fee to the CPD _____________________________________

9,000 capacity Percentage of naming rights fee to the CPD _____________________________________

10,000 capacity Percentage of naming rights fee to the CPD ______________________________________

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COST PROPOSAL ATTENDANCE FEE (8,000 capacity)

Indicate the annual fee the awardee will pay the CPD when it annually issues an aggregate number of tickets with respect to events at the venue. The awardee shall pay this attendance fee within 30 days of the sale of the mutually agreed number of tickets. 8,000 capacity
2012 Aggregate tickets sold breakpoint Payment to CPD 2013 Aggregate tickets sold breakpoint Payment to CPD 2014 Aggregate tickets sold breakpoint Payment to CPD 2015 Aggregate tickets sold breakpoint Payment to CPD 2016 Aggregate tickets sold breakpoint Payment to CPD _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________

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COST PROPOSAL ATTENDANCE FEE (9,000 capacity)

Indicate the annual fee the awardee will pay the CPD when it annually issues an aggregate number of tickets with respect to events at the venue. The awardee shall pay this attendance fee within 30 days of the sale of the mutually agreed number of tickets. If you are not proposing capital
improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

9,000 capacity
2012 Aggregate tickets sold breakpoint Payment to CPD 2013 Aggregate tickets sold breakpoint Payment to CPD 2014 Aggregate tickets sold breakpoint Payment to CPD 2015 Aggregate tickets sold breakpoint Payment to CPD 2016 Aggregate tickets sold breakpoint Payment to CPD _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________

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COST PROPOSAL ATTENDANCE FEE (10,000 capacity)

Indicate the annual fee the awardee will pay to the CPD when it issues an aggregate number of tickets with respect to events at the venue. The awardee shall pay this attendance fee within 30 days of the sale of the mutually agreed number of tickets. If you are not proposing capital
improvements that will increase the capacity beyond the current 8,000, then indicate the 9,000 and 10,000 entries do not apply.

10,000 capacity
2012 Aggregate tickets sold breakpoint Payment to CPD 2013 Aggregate tickets sold breakpoint Payment to CPD 2014 Aggregate tickets sold breakpoint Payment to CPD 2015 Aggregate tickets sold breakpoint Payment to CPD 2016 Aggregate tickets sold breakpoint Payment to CPD _________________________________________ $_______________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________ _________________________________________ $________________________________________

COST PROPOSAL OTHER REVENUE

If sharing other revenue is possible, provide details regarding each source of revenue (e.g. marketing, sponsorship, media, special events, other possibilities). Include a description and explanation of how the revenue would be shared (e.g. percentages, dollar amounts). Add more sheets if you need space.

____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________

NAME_________________________________ COMPANY _________________________ DATE _________

ECONOMIC DISCLOSURE STATEMENT & AFFIDAVIT

WHO MUST SUBMIT AN E.D.S.
APPLICANTS: Any entity or individual (the Applicant) making an application to the Park District for action requiring approval of the Park Districts Board of Commissioners (Board of Commissioners). ENTITIES HOLDING AN INTEREST IN THE APPLICANT: Generally, whenever an ownership interest in the Applicant (for example, shares of stock of the Applicant or a limited partnership interest in the Applicant) is held or owned by a legal entity (for example, a corporation or partnership, rather than an individual) each such legal entity must also file an EDS on its own behalf, and any parent of that legal entity must do so until individual owners are disclosed. However, if an entity filing an EDS is a corporation (or a direct or indirect, wholly-owned subsidiary of such corporation) whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of1934 as amended, only those shareholders that own ten percent (10%) or more of that filing entitys stock must file EDSs on their own behalf. REQUIREMENT: The Chicago Park District (the Park District) requires disclosure of the information requested in this Economic Disclosure Statement and Affidavit (EDS) before any Park District action may be taken regarding the matter that is the subject of this EDS. Please fully complete each statement, with all information current as of the date this EDS is signed. If a question is not applicable, answer with N.A. An incomplete EDS will be returned and any Park District action will be interrupted. EXECUTION: Please print or type all responses clearly and legibly. Add additional pages if needed, being careful to identify the portion of the EDS to which each additional page refers. ACKNOWLEDGMENT OF POSSIBLE CREDIT AND OTHER CHECKS: By completing and filing this EDS, the Undersigned acknowledges and agrees, on behalf of itself and the entities or individuals named in this EDS, that the Park District may investigate the creditworthiness of some or all of the entities or individuals named in this EDS. CERTIFYING THIS EDS: Execute the certification on the date of the initial submission of this EDS. You may be asked to re-certify this EDS on the last page as of the date of submission of any related ordinance to the Board of Commissioners, or as of the date of the closing of your transaction. PUBLIC DISCLOSURE: It is the Park Districts policy to make this document available to the public on its internet site and/or upon request.

SECTION 0: GENERAL INFORMATION

Date this EDS is completed: 1. Who is submitting this EDS? That entity or individual will be the Undersigned throughout this EDS.
NAME OF ENTITY OR INDIVIDUAL

NOTE: The Undersigned is the entity or individual submitting this EDS, whether the Undersigned is an Applicant or is an entity holding an interest in the Applicant. This EDS requires certain disclosures and certifications from Applicants that are not required from entities holding an interest in the Applicant. When completing this EDS, please observe whether the section you are completing applies only to Applicants. [ ] Check here if the Undersigned is filing this EDS as an Applicant [ ] Check here if the Undersigned is filing as an entity holding an interest in an Applicant. 2. Also, please identify the Applicant in which this entity holds an interest: Business address of the Undersigned:

73

3. Telephone: 4. Name of contact person:

Fax:

E-mail:

5. Tax identification number (optional): 6. Brief description of contract, transaction or other undertaking (referred to below as the Matter) to which this EDS pertains. (Include specification number and location if applicable):

SECTION I: DISCLOSURE OF OWNERSHIP INTERESTS

A. NATURE OF ENTITY 1. Indicate whether the Undersigned is an individual or legal entity: [ [ [ [ [ [ [ [ ] Individual ] Business corporation ] Sole proprietorship ] Limited Liability Company ] Joint venture ] General partnership ] Limited partnership ] Not-for-profit corporation Is the not-for-profit corporation also a 501(3)? [ ] Yes [ ] No

[ ] Other entity (please specify) ________________________________________ 2. State of incorporation or organization, if applicable:

3. For legal entities not organized in the State of Illinois: Is the organization authorized to do business in the State of Illinois as a foreign entity? [ ]Yes [ ] No [ ] N/A

B. ORGANIZATION INFORMATION 1. IF THE UNDERSIGNED IS A CORPORATION: a. b. Date of incorporation: List below the names and titles of all executive officers and all directors of the corporation. For not-for-profit corporations, also list below any executive director of the corporation, and indicate all members, if any, who are legal entities. If there are no such members, write no members.
NAME TITLE

c.

74 If the Undersigned is a corporation (or a direct or indirect wholly owned subsidiary of such corporation) whose shares are registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, please provide the following information concerning shareholders who own shares equal to or in excess of 7.5% of the corporations outstanding shares.
NAME BUSINESS ADDRESS PERCENTAGE INTEREST

d.

For corporations that are not registered on a national securities exchange pursuant to the Securities Exchange Act of 1934, list below the name, business address and percentage of ownership interest of each shareholder.
NAME BUSINESS ADDRESS PERCENTAGE INTEREST

2. IF THE UNDERSIGNED IS A PARTNERSHIP OR JOINT VENTURE: For general or limited partnerships or joint ventures: list below the name, business address and percentage of ownership interest of each partner. For limited partnerships, indicate whether each partner is a general partner or a limited partner.
NAME BUSINESS ADDRESS PERCENTAGE INTEREST

3. IF THE UNDERSIGNED IS A LIMITED LIABILITY COMPANY: a. List below the name, business address and percentage of ownership interest of each (1) member and (2) manager. If there are no managers, write no managers, and indicate how the company is managed.
NAME BUSINESS ADDRESS PERCENTAGE INTEREST

b.

List below the names and titles of all officers, if any. If there are no officers, write no officers.
NAME TITLE

4. IF THE UNDERSIGNED IS A LAND TRUST, BUSINESS TRUST, ESTATE OR OTHER SIMILAR

75 ENTITY a. List below the name and business address of each individual or legal entity holding legal title to the property that is the subject of the trust.
NAME BUSINESS ADDRESS PERCENTAGE INTEREST

b.

List below the name, business address and percentage of beneficial interest of each beneficiary on whose behalf title is held.
NAME BUSINESS ADDRESS PERCENTAGE INTEREST

5. IF THE UNDERSIGNED IS ANY OTHER LEGAL ENTITY First describe the entity, then provide the name, business address, and the percentage of interest of all individuals or legal entities having an ownership or other beneficial interest in the entity. Describe the entity:

NAME

BUSINESS ADDRESS

PERCENTAGE INTEREST

SECTION II: BUSINESS RELATIONSHIPS WITH PARK DISTRICT OFFICIALS

A. DEFINITIONS AND DISCLOSURE REQUIREMENT 1. The Undersigned must indicate whether it had a business relationship with a Park District Commissioner in the twelve (12) months before the date this EDS is signed. 2. For the purposes of this EDS, a business relationship means any contractual or other private business dealing of a Commissioner , or his or her spouse, or of any entity in which the Commissioner or his or her spouse has a financial interest with a person or entity which entitles the Commissioner to compensation or payment in the amount of $2,500 or more during the prior twelve months; but a financial interest does not include: (a) any interest of the spouse or of an employee or Commissioner which interest is related to the spouses independent occupation, profession, or employment; (b) any ownership through purchase at fair market value or inheritance of less than 1 % of the shares of a corporation, or any corporate subsidiary, parent or affiliate thereof, regardless of the value of or dividends on such shares, if such shares are registered on a securities exchange pursuant to the Securities Exchange Act of 1934, as amended, (c) the authorized compensation paid to an Employee or a Commissioner for his office or employment; (d) any economic interest not distinguishable from the economic interests of the public generally ; (e) a time or demand deposit in a financial institution; (f) a money market mutual fund account; or (g) an endowment or insurance policy or annuity contract purchased from an insurance company. A contractual or other private business dealing does not include any employment relationship of a Commissioners spouse with an entity when such spouse has no discretion concerning or input relating to the relationship between that entity and the Park District. B. CERTIFICATION

76 1. Has the Undersigned had a business relationship with a Park District Commissioner in the twelve (12) months before the date this EDS is signed? [ ]Yes [ ]No

If yes, please identify below the name(s) of the Park District Commissioner(s) and describe the relationship(s):

SECTION III: DISCLOSURE OF RETAINED PARTIES

A. DEFINITIONS AND DISCLOSURE REQUIREMENTS Lobbyist means any person (a) who, for compensation or on behalf of any person other than himself, undertakes to influence any legislative or administrative action, or (b) any part of whose duty as an employee of another includes undertaking to influence any legislative or administrative action. 1. The Undersigned must disclose certain information about attorneys, lobbyists, accountants, consultants, subcontractors, and any other person whom the Undersigned has retained or expects to retain in connection with the Matter. In particular, the Undersigned must disclose the name of each such person, his/her business address, the nature of the relationship, and the total amount of the fees paid or estimated to be paid. The Undersigned is not required to disclose employees who are paid solely through the Undersigneds regular payroll. 2. If the Undersigned is uncertain whether a disclosure is required under this Section, the Undersigned must either (a) ask the Park Districts Director of Purchasing whether disclosure is required or (b) make the disclosure. B. CERTIFICATION Each and every attorney, lobbyist, accountant, consultant, subcontractor, or other person retained or anticipated to be retained directly by the Undersigned with respect to or in connection with the Matter is listed below [begin list here, add sheets as necessary]:
NAME (indicate whether retained or anticipated to be retained) BUSINESS ADDRESS RELATIONSHIP TO UNDERSIGNED (attorney, lobbyist, etc.) FEES (indicate whether paid or estimated)

[ ] Check here if no such individuals have been retained by the undersigned or are anticipated to be retained by the undersigned.

SECTION IV: CERTIFICATIONS

A. CERTIFICATION OF COMPLIANCE For purposes of the certifications in this Section IV, the term affiliate means any individual or entity that, directly or indirectly controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity

77 to do business with the federal government or a state or local government, including the Park District and the City of Chicago, using substantially the same management, ownership, or principals as the ineligible entity. 1. The Undersigned is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, nor are the Undersigned or its affiliates delinquent in paying any fine, fee, tax or other charge owed to the City of Chicago or the Park District. This includes all water charges, sewer charges, license fees, parking tickets, property taxes or sales taxes. If there are any such delinquencies, note them below:

If the letters NA, the word None, or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. 2. The Undersigned and its affiliates have not, in the past five (5) years, been found in violation of any Park District, City, state or federal environmental law or regulation. If there have been any such violations, note them below:

If the letters NA, the word None, or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. 3. If the Undersigned is the Applicant, the Undersigned and its affiliates will not use, nor permit their subcontractors to use, any facility on the U.S. EPAs List of Violating Facilities in connection with the Matter for the duration of time that such facility remains on the list. 4. If the Undersigned is the Applicant, the Undersigned will obtain from any contractors/subcontractors hired or to be hired in connection with the Matter certifications equal in form and substance to those in this Section IV, and will not, without the prior written consent of the Park District, use any such contractor/subcontractor that does not provide such certifications or that the Undersigned has reason to believe has not provided or cannot provide truthful certifications. 5. If the Undersigned is unable to make the certifications required in Section IV, A, provide an explanation:

If the letters NA, the word None, or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. B: CHILD SUPPORT OBLIGATIONS: CERTIFICATION REGARDING COURT-ORDERED CHILD SUPPORT COMPLIANCE For purposes of this part, Substantial Owner means any individual who, directly or indirectly, owns or holds a 10% or more interest in the Undersigned. Note: This may include individuals disclosed in Section I (Disclosure of Ownership Interests), and individuals disclosed in an EDS filed by an entity holding an interest in the Applicant. If the Undersigneds response below is #1 or #2, then all of the Undersigneds Substantial Owners must remain in compliance with any such child support obligations until the Matter is completed. Failure of the

78 Undersigneds Substantial Owners to remain in compliance with their child support obligations in the manner set forth in either #1 or #2 constitutes an event of default. Check one: ____1. ____2. No Substantial Owner has been declared in arrearage on any child support obligations by the Circuit Court of Cook County, Illinois, or by another Illinois court of competent jurisdiction. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on child support obligations. All such Substantial Owners, however, have entered into court-approved agreements for the payment of all such child support owed, and all such Substantial Owners are in compliance with such agreements. The Circuit Court of Cook County, Illinois or another Illinois court of competent jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on child support obligations and (a) at least one such Substantial Owner has not entered into a court-approved agreement for the payment of all such child support owed; or (b) at least one such Substantial Owner is not in compliance with a court approved agreement for the payment of all such child support owed; or both (a) and (b). There are no Substantial Owners.

____3.

____4.

C. FURTHER CERTIFICATIONS For purposes of this part, Affiliated Entity means an individual or entity that, directly or indirectly, controls the Undersigned, is controlled by the Undersigned, or is, with the Undersigned, under common control of another individual or entity. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity to do business with federal or state or local government or unit thereof, including the Park District and the City of Chicago, using substantially the same management, ownership, or principals as the ineligible entity. With respect to Applicable Parties, the term Affiliated Entity means an individual or entity that directly or indirectly controls the Applicable Party, is controlled by it, or, with the Applicable Party, is under common control of another individual or entity; any responsible official of the Undersigned; any Applicable Party or any Affiliated Entity or any other official, agent or employee of the Undersigned; any Applicable Party or any Affiliated Entity, acting pursuant to the direction or authorization of a responsible official of the Undersigned; any Applicable Party or any Affiliated Entity (collectively Agents). 1. The Undersigned and, if the Undersigned is a legal entity, its principals (officers, directors, partners, members, managers, executive director): a. b. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from any transactions by any federal, state or local unit of government; have not, within a five-year period preceding the date of this EDS, been convicted of a criminal offense, adjudged guilty, or had a civil judgment rendered against them in connection with: obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; a violation of federal or state antitrust statutes; fraud; embezzlement; theft; forgery; bribery; falsification or destruction of records; making false statements; or receiving stolen property; are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in C, 1, b of this section; have not, within a five- (5) year period preceding the date of this EDS, had one or more public transactions (federal, state or local) terminated for cause or default; and have not, within a five- (5) year period preceding the date of this EDS, been convicted,

c.

d. e.

79 adjudged guilty, or found liable in a civil proceeding, in any criminal or civil action instituted by the Park District, City of Chicago or by the federal government, any state, or any other unit of local government. 2. Neither the Undersigned, nor any Applicable Party, nor any Affiliated Entity of either the Undersigned or any Applicable Party nor any Agents have, during the five (5) years before the date this EDS is signed, or, with respect to an Applicable Party, an Affiliated Entity, or an Affiliated Entity of an Applicable Party during the five (5) years before the date of such Applicable Partys or Affiliated Entitys contract or engagement in connection with the Matter: a. bribed or attempted to bribe, or been convicted or adjudged guilty of bribery or attempting to bribe, a public officer or employee of the Park District, the City of Chicago, the State of Illinois, or any agency of the federal government or of any state or local government in the United States of America, in that officers or employees official capacity; agreed or colluded with other bidders or prospective bidders, or been a party to any such agreement, or been convicted or adjudged guilty of agreement or collusion among bidders or prospective bidders, in restraint of freedom of competition by agreement to bid a fixed price or otherwise; or made an admission of such conduct described in a or b above that is a matter of record, but have not been prosecuted for such conduct.

b.

c.

3. The Undersigned understands and shall comply with (a) all applicable requirements of Governmental Ethics under Park District Code, and (b) all the applicable provisions of the Park District Purchasing and Contracting Code. 4. Neither the Undersigned, Affiliated Entity or Applicable Party, or any of their employees, officials, agents or partners, is barred from contracting with any unit of state or local government as a result of engaging in or being convicted of (1) bid-rigging in violation of 720 ILCS 5/33E-3; (2) bid-rotating in violation of 720 ILCS 5/33E-4; or (3) any similar offense of any state or of the United States of America that contains the same elements as the offense of bid-rigging or bid-rotating. 5. If the Undersigned is unable to certify to any of the above statements in this Part C, the Undersigned must explain below:

If the letters NA, the word None, or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. D. CERTIFICATION OF STATUS AS FINANCIAL INSTITUTION For purposes of this Part D, the term financial institution means a bank, savings and loan association, thrift, credit union, mortgage banker, mortgage broker, trust company, savings bank, investment bank, securities broker, municipal securities broker, securities dealer, municipal securities dealer, securities underwriter, municipal securities underwriter, investment trust, venture capital company, bank holding company, financial services holding company, or any licensee under the Consumer Installment Loan Act, the Sales Finance Agency Act, or the Residential Mortgage Licensing Act. However, financial institution specifically shall not include any entity whose predominant business is the providing of tax deferred, defined contribution, or pension plans to public employees in accordance with Sections 403(b) and 457 of the Internal Revenue Code.

1. CERTIFICATION

80 The Undersigned certifies that the Undersigned [check one] ______ is ______ is not a financial institution as defined above. 2. IF THE UNDERSIGNED IS A FINANCIAL INSTITUTION, THEN THE UNDERSIGNED PLEDGES: We are not and will not become a predatory lender as defined in Chapter 2 -32 of the Municipal Code of the City of Chicago. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the Park District. If the Undersigned is unable to make this pledge because it or any of its affiliates (as defined in Section 2-32- 455(b) of the Municipal Code) is a predatory lender within the meaning of Chapter 2-32 of the Municipal Code of the City of Chicago, explain here (attach additional pages if necessary):

If the letters NA, the word None, or no response appears on the lines above, it will be conclusively presumed that the Undersigned certified to the above statements. E. CERTIFICATION REGARDING INTEREST IN PARK DISTRICT BUSINESS Any words or terms defined in Park District Code have the same meanings when used in this Section IV. 1. Does any Commissioner or Employee of the Park District have a financial interest in his or her own name or in the name of any other person in the Matter? [ ]Yes [ ]No NOTE: If you answered No to Item IV, E, 1, you are not required to answer Items IV, E, 2 or IV, E, 3 below. Instead, review the certification in Item IV, E, 4 and then proceed to Part V. If you answered Yes to Item IV, E, 1, you must first respond to Item IV, E, 2 and provide the information requested in Item IV, E, 3. After responding to those items, review the certification in Item IV, E, 4 and proceed to Part V. 2. Unless sold pursuant to a process of competitive bidding, no Park District Commissioner or Employee shall have a financial interest in his or her own name or in the name of any other person in the purchase of any property that (a) belongs to the Park District, or (b) is sold for taxes or assessments, or (c) is sold by virtue of legal process at the suit of the Park District (collectively, Park District Property Sale). Compensation for property taken pursuant to the exercise of any power of eminent domain does not constitute a financial interest within the meaning of this Section IV. Does the Matter involve a Park District Property Sale? [ ] Yes [ ] No 3. If you answered yes to Item IV, E, 1, provide the names and business addresses of the Park District Commissioners or Employees having such interest and identify the nature of such interest:
NAME BUSINESS ADDRESS NATURE OF INTEREST

81 4. The Undersigned further certifies that no prohibited financial interest in the Matter will be acquired by any Park District Commissioner or employee.

SECTION V: CERTIFICATIONS FOR FEDERALLY - FUNDED MATTERS

A. CERTIFICATION REGARDING LOBBYING 1. List below the names of all individuals registered under the federal Lobbying Disclosure Act of 1995 who have made lobbying contacts on behalf of the Undersigned with respect to the Matter: [Begin list here, add sheets as necessary]:

If no explanation appears or begins on the lines above, or if the letters NA or if the word None appear, it will be conclusively presumed that the Undersigned means that NO individuals registered under the Lobbying Disclosure Act of 1995 have made lobbying contacts on behalf of the Undersigned with respect to the Matter. 2. The Undersigned has not spent and will not expend any federally appropriated funds to pay any individual listed in Section V, A, 1, above, for his or her lobbying activities or to pay any individual to influence or attempt to influence an officer or employee of any agency, as defined by applicable federal law, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the award of any federally funded contract, making any federally funded grant or loan, entering into any cooperative agreement, or to extend, continue, renew, amend, or modify any federally funded contract, grant, loan, or cooperative agreement. 3. The Undersigned will submit an updated certification at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the statements and information set forth in parts 1 and 2 above. If the Matter is federally funded and any funds other than federally appropriated funds have been or will be paid to any individual for influencing or attempting to influence an officer or employee of any agency (as defined by applicable federal law), a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the Matter, the Undersigned must complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. The form may be obtained online from the federal Office of Management and Budget (OMB) web site at: http://www.whitehouse.qov/omb/qrants/sfillin.pdf, linked on the page http://www.whitehouse.qov/omb/qrants/qrantsforms.html. 4. The Undersigned certifies that either (a) it is not an organization described in section 501(c)(4) of the Internal Revenue Code of 1986, as amended; or (b) it is an organization described in section 501 (c)(4) of the Internal Revenue Code of 1986, as amended but has not engaged and will not engage in Lobbying Activities. 5. If the Undersigned is the Applicant, the Undersigned must obtain certifications equal in form and substance to Section V, A, 1-4 above, from all subcontractors before it awards any subcontract and the Undersigned must maintain all such subcontractors certifications for the duration of the Matter and must make such certifications promptly available to the Park District upon request.

B. CERTIFICATION REGARDING NON-SEGREGATED FACILITIES

82 Segregated facilities, as used in this provision, means any waiting rooms, work areas, restrooms, washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of habit, local or employee custom, or otherwise. 1. If the Undersigned is the Applicant, the Undersigned does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. However, separated or single-user restrooms and necessary dressing or sleeping areas must be provided to assure privacy between the sexes. 2. If the Undersigned is the Applicant and the Matter is federally funded, the Undersigned will, before the award of subcontracts (if any), obtain identical certifications from proposed subcontractors under which the subcontractor will be subject to the Equal Opportunity Clause. Contracts and subcontracts exceeding $10,000, or having an aggregate value exceeding $10,000 in any twelve- (12-) month period, are generally subject to the Equal Opportunity Clause. See 41 CFR Part 60 for further information regarding the Equal Opportunity Clause. The Undersigned must retain the certifications required by this paragraph for the duration of the contract (if any) and must make such certifications promptly available to the Park District upon request. 3. If the Undersigned is the Applicant and the Matter is federally funded, the Applicant will forward the notice set forth below to proposed subcontractors: NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NON-SEGREGATED FACILITIES Subcontractors must submit to the Contractor a Certification of Non-segregated Facilities before the award of any subcontract under which the subcontractor will be subject to the federal Equal Opportunity Clause. The subcontractor may submit such certifications either for each subcontract or for all subcontracts during a period (e.g., quarterly, semiannually, or annually). C. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY Federal regulations require prospective contractors for federally funded Matters (e.g., the Applicant) and proposed subcontractors to submit the following information with their bids or in writing at the outset of negotiations. (NOTE: This Part C is to be completed only if the Undersigned is the Applicant.) 1. Have you developed and do you have on file affirmative action programs pursuant to applicable federal regulations? (See 41 CFR Part 60-2.) [ ]Yes [ ] No [ ] N/A 2. Have you participated in any previous contracts or subcontracts subject to the equal opportunity clause? [ ]Yes [ ] No [ ] N/A

3. Have you filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs, or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements? [ ]Yes [ ] No [ ] N/A

SECTION VI: NOTICE AND ACKNOWLEDGMENT REGARDING PARK DISTRICT ETHICS AND CAMPAIGN FINANCE ORDINANCES
The Park Districts Governmental Ethics Code, Chapter III of the Park District Code, imposes certain duties and obligations on individuals or entities seeking Park District contracts, work, business, or transactions. The Undersigned must comply fully with the applicable codes.

83 [ ] By checking this box the undersigned acknowledges and understands that the Park Districts Governmental Ethics Code, among other things: 1. Provides that any contract negotiated, entered into or performed in violation of the Park Districts Governmental Ethics Code can be voided by the Park District. 2. Limits the gifts and favors any individual or entity can give, or offer to give, to any Park District Commissioner, employee, contractor or the spouse or minor child of any of them, including: a. b. any cash gift or any anonymous gift; and any gift based on a mutual understanding that the Commissioners or employees or Park District contractors actions or decisions will be influenced in any way by the gift.

3. Prohibits any Park District Commissioner or employee from having a financial interest, directly or indirectly, in any contract, work, transaction or business of the Park District, if that interest has a cost or present value of $5,000 or more, or if that interest entitles the owner to receive more than $2,500 per year. 4. Prohibits any appointed Park District Commissioner from engaging in any contract, work, transaction or business of the Park District, unless the matter is wholly unrelated to the appointed officials duties or responsibilities. 5. Provides that Park District Commissioners and employees or their spouses or minor children, cannot receive compensation or anything of value in return for advice or assistance on matters concerning the operation or business of the Park District, unless their services are wholly unrelated to their Park District duties and responsibilities. 6. Provides that former Park District Commissioners and employees cannot, for a period of one year after their Park District employment ceases, assist or represent another on any matter involving the Park District, if, while with the Park District, they were personally and substantially involved in the same matter. 7. Provides that former Park District employees and Commissioners cannot ever assist or represent another on a Park District contract if, while with the Park District, they were personally involved in or directly supervised the formulation, negotiation or execution of that contract.

SECTION VII: CONTRACT INCORPORATION, COMPLIANCE, PENALTIES, DISCLOSURE

THE UNDERSIGNED UNDERSTANDS AND AGREES THAT: A. The certifications, disclosures, and acknowledgments contained in this EDS will become part of any contract or other agreement between the Applicant and the Park District in connection with the Matter, whether procurement, Park District assistance, or other Park District action, and are material inducements to the Park Districts execution of any contract or taking other action with respect to the Matter. The Undersigned understands that it must comply with all statutes, ordinances, and regulations on which this EDS is based. If the Park District determines that any information provided in this EDS is false, incomplete or inaccurate, any contract or other agreement in connection with which it is submitted may be rescinded or be void or voidable, and the Park District may pursue any remedies under the contract or agreement (if not rescinded, void or voidable), at law, or in equity, including terminating the Undersigneds participation in he Matter and/or declining to allow the Undersigned to participate in other transactions with the Park District. Some or all of the information provided on this EDS and any attachments to this EDS may be made available to the public on the Internet, in response to a Freedom of Information Act request, or otherwise. By completing and signing this EDS, the Undersigned waives and releases any possible

B.

C.

84 rights or claims which it may have against the Park District in connection with the public release of information contained in this EDS and also authorizes the Park District to verify the accuracy of any information submitted in this EDS. D. The Undersigned has not withheld or reserved any disclosures as to economic interests in the Undersigned, or as to the Matter, or any information, data or plan as to the intended use or purpose for which the Applicant seeks Park District action. The information provided in this EDS must be kept current. In the event of changes, the Undersigned must supplement this EDS up to the time the Park District takes action on the Matter.

E.

EDS CERTIFICATION
Under penalty of perjury, the person signing below: (1) warrants that he/she is authorized to execute this EDS on behalf of the Undersigned, and (2) warrants that all certifications and statements contained in this EDS are true, accurate and complete as of the date furnished to the Park District. Date:
(Print or type name of legal entity or individual submitting this EDS)

By:
(Sign here)

Print or type name of signatory:

Title of signatory:

Subscribed to before me on [date] ____________________, at __________________County, _________________________ [state]. Notary Public Commission expires:
SEAL

85

FINANCIAL STATEMENT

Attach to this page your firms audited financial statements for the past three (3) years.

For submitters who are not required to have their financial statements audited: Acceptable alternate documentation would be un-audited financial statements that include balance sheets and income statements (or equivalents) for the three (3) most recent years. Assets / liabilities and income / expenses must be presented in sufficient detail for the CPD to determine the financial condition of the submitters business.

Such internally-generated documents must be notarized to ensure authenticity/accuracy.

End of Financial Statement Form

86

LEGAL ACTIONS
Provide the information below.

QUESTION Has your firm been issued a notice of default on any contract awarded in the last three (3) years?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET.

YES

NO

Does your firm have any judgments, claims (liquidated damages, etc.), arbitration proceedings, or suits pending against it?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET. INCLUDE THE DOLLAR AMOUNT OF CLAIMS OR JUDGMENTS AND THE VALUE OF THE CONTRACT ON WHICH THE CLAIM WAS FILED.

Within the past three (3) years, has your firm been party to any lawsuits or arbitration proceedings with regard to any contracts?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET.

Within the past three (3) years, has any officer or principal of your firm been an officer or principal of another organization that failed to complete any contract as a result of termination, litigation, arbitration, or similar matter?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET.

Has any key person with your firm (or its predecessor, if applicable) ever been convicted of or charged with any state or federal crime such as embezzlement, theft, forgery, bribery, falsification or destruction of records, receipt of stolen property, criminal anti-trust violations, bid rigging, bid rotating, or the like?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET.

Has your firm ever been temporarily or permanently debarred from a contract awarded by any local, state, or federal agency?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET.

Within the past three (3) years, has your firm been assessed penalties for any statutory or administrative violations, including MBE, WBE, or Equal Employment Opportunity violations?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET.

Has your firm ever failed to complete any work awarded to it?
IF THE ANSWER IS YES, PROVIDE A BRIEF EXPLANATION OR DESCRIPTION ON A SEPARATE SHEET.

End of Legal Actions Form

87

SELF-P PERFORMANCE AFFIDAV A VIT

If awarded a contra act as a resu ult if this RF FP, submitt ter shall per rform with its i own forc ces a minimum of o 25% of th he work.

Submitter:
(Print ( or Type Na ame of Firm)

Signature:
(Written ( Signatur re of Authorized Officer/Represen ntative)

Date:

Name/Title:
(Print ( or Type Na ame and Title of Person Signing Statement) S

T BEFORE ME E ON [DATE] SUBSCRIBED TO LIC NOTARY PUBL

, AT T

COU UNTY, STATE OF

COMMISSION EXPIRES E :

SEAL

SUBCONTRACTOR FORM SUBMIT THE NAMES OF ALL SUBCONTRACTORS

YOUR FIRM INTENDS TO UTILIZE FOR THE PERFORMANCE OF ALL SUBDIVISIONS OF WORK.
NOTE: 75% IS THE MAXIMUM TOTAL THAT CAN BE SUBCONTRACTED OUT BY YOUR FIRM
SUBCONTRACTOR WORK/PRODUCT/SERVICE BUSINESS ORG. YEAR INCORPORATED example OWNERSHIP INTEREST MBE OR WBE ? example
EST. % OF WORK TO BE PERFORMED BY THIS SUB

example

example

example

example

example

XX Service Co.

Providing cost estimates

Limited Liability Company

1994

John Doe 50% Jane Deer 50%

No

8%

TOTAL CANNOT EXCEED

75%

VENDOR REFERENCES
Submitter (company name): __________________________________________________________________ Contact Person: _______________________________________ 1. 2. Phone: ________________________

Number of years your company has been in business: _____________________ Illinois State License Registration No. __________________________________

NOTE:
Provide a minimum of three (3) references. All must be from companies or organizations to which you have provided services and/or goods similar to those specified herein. Subcontractors are not acceptable references. If applicable, the CPD can be used as a reference, but only as ONE of the three. Use of the CPD as more than one reference may result in your bid being deemed non-responsive.

Company Name: Address: City, State, Zip: Contact Person: Contract Description:

___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ______________________________________ _______________________________________ Phone: ___________________ Fax:_____________________

Company Name: Address: City, State, Zip: Contact Person: Contract Description:

___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ______________________________________ _____________________________________ Phone:___________________ Fax:_____________________

Company Name: Address: City, State, Zip: Contact Person: Contract Description:

___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ______________________________________ _______________________________________ Phone:___________________ Fax:_____________________

90

SUSTAINABILITY STATEMENT INSTRUCTIONS

The Chicago Park District is committed to green and sustainable practices and good environmental stewardship. Consequently, we are asking submitters to provide a Sustainability Statement to ensure our submitters are also incorporating sustainability into their firms practices.

INSTRUCTIONS
Provide a clear description of your firms sustainable practices, policies, or procedures. These practices may include, but would not be limited to: Waste Minimization within the office or facilities through a recycling program, double-sided copying, electronic internal communications (i.e. memos), using recycled-content materials, reusable cups, limited printing, electronic document management, green purchasing policies, green cleaning supplies and practices, or reduced packaging in procured or supplied materials. Energy Efficiency within the office, facilities, or firm through lighting retrofits, photo-sensor switches for lighting, use of day lighting, Energy Star rated appliances or equipment, alternative fuel or efficient fleet management, anti-idling policy, or indoor temperature management (i.e. turn the thermostat up in the summer and down in the winter). Water Efficiency within the office, facilities, or firm through faucet or fixture retrofits, switching individual bottled water to office water coolers or drinking fountains, and drought-tolerant landscaping. Staff are encouraged to be sustainable and supported by your firm through public transit benefits, bicycle accommodations, telecommuting options, supporting the attendance of green seminars, becoming US Green Building Council LEED accredited, or creating an internal green team. Educating your staff about green practices, your business peers about your green accomplishments, your community about your sustainability, or about any environmental awards your firm has achieved.

CONTINUE TO NEXT PAGE

91

SUSTAINABILITY STATEMENT
Attach additional sheets if necessary.

COMPANY NAME Waste Minimization

Energy Efficiency

Water Efficiency

Staff

Education

End of Sustainability Statement

92

MBE/WBE COMPLIANCE AFFIDAVIT

for Revenue Generating Contracts
CONTRACT TITLE: _________________________________ FROM: ___________________________________________
(Name of Prime Contractor - Submitter)

SPECIFICATION #:__________________ MBE: WBE: Yes Yes No No

If Submitter answered yes, attach all current Letters of Certification. NOTE: CERTIFICATION OF THE SUBMITTER AS AN MBE SATISFIES ONLY THE MBE GOAL; THE WBE GOAL MUST STILL BE MET. CERTIFICATION OF THE SUBMITTER AS A WBE SATISFIES ONLY THE WBE GOAL; THE MBE GOAL MUST STILL BE MET. CERTIFICATION OF THE SUBMITTER AS BOTH MBE AND WBE MAY SATISFY ONE GOAL ONLY. The submitter intends to perform work in connection with this project as a: GENDER: Male Female RACE/ETHNICITY: Black/African American Hispanic American Asian American White American Other TYPE OF FIRM: Partnership Sole Proprietorship Corporation Joint Venturer Other

All MBE/WBE firms included in the following plan must be certified as such by a public or private organization such as the City of Chicago, Chicago Minority Supplier Development Council (CMSDC), Women Business Development Center (WBDC), and the Small Business Administration. It is the policy of the Chicago Park District that members of Minority Groups and Women participate to the maximum feasible extent in the performance of Park District contracts. During the performance of this contract, the submitter agrees that it shall not discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, unfavorable discharge from military service, parental status, or sexual orientation in the solicitation for or purchase of goods or services, or the subcontracting of work in the performance of this contract. In order to be considered responsive, the submitter shall commit to at least 25% Minority Owned Business Enterprises participation (MBE goal) and at least 5% Women Business Owned Enterprises participation (WBE goal). The total dollar value of the submitters MBE or WBE direct participation and indirect participation shall be counted toward the MBE goal or WBE goal. The submittal of this document shall serve as the submitters commitment towards the Chicago Park District MBE/WBE goal during the term of the contract (if awarded). Failure to submit this document with the proposal will deem the submitters proposal non-compliant. At the time this proposal is submitted, the submitter is not required to list individual vendors. After final award approval by the General Superintendent or the Board, but prior to contract execution, the submitter will be required to complete a Schedule A (Statement of Prime Submitter Regarding MBE/WBE Utilization) and Schedule Bs (Letters of Intent from MBEs/WBEs to Perform as Subcontractor, Supplier, and/or Consultant), and supply all relevant current certification letters. The submitter designates the following person as its MBE/WBE Liaison Officer: ___________________________________________________
(Printed Name and Title)

____________________________
(Telephone Number)

93

MBE/WBE COMPLIANCE AFFIDAVIT

for Revenue Generating Contracts
MBE/WBE ESTIMATED % MBE Estimated % (Minimum 25%) WBE Estimated % (Minimum: 5%)

TOTAL

To the best of my knowledge, information and belief, the facts and representations contained in this affidavit are true. Name / Title: _____________________________________________________________________
(Written Signature of Authorized Representative)

______________________________________________________________________
(Print or Type Name and Title of Person Signing Statement)

Date:

_______________________________

SUBSCRIBED AND SWORN TO BEFORE ME THIS ___________________ DAY OF ___________________________, 20______ ______________________________________________
(Notary Public)

SEAL

94

MBE/WBE UTILIZATION REPORTING REQUIREMENTS

CHICAGO PARK DISTRICT

Term Agreement Contracts For term agreement contracts for materials, supplies, equipment, services, etc., utilization reports are to be submitted monthly. The MBE/WBE Utilization Report form will be provided to the awardee with the awardees executed contract, and the awardees first MBE/WBE Utilization Report will be due no later than ninety (90) days after the date of that contracts execution. 1. Copies of cancelled checks (both sides), wire transfers, and other forms of payments to MBE(s) and WBE(s). These payments must be for services provided ON THIS CONTRACT ONLY AND 2. Copies of invoices from MBE(s) & WBE(s) for services provided ON THIS CONTRACT ONLY AND 3. Waivers of lien, when applicable

Submission Address: MBE/WBE Utilization Reports are to be submitted directly to: Compliance Officer Department of Purchasing Chicago Park District 541 N. Fairbanks Court 3rd Floor Chicago, IL. 60611 Submission Fax: 312-742-5326

For more information, contact Luetha Aytch, Compliance Officer, at 312-742-4436, or via e-mail at luetha.aytch@chicagoparkdistrict.com

End of MBE/WBE Reporting Requirements

95

NO PROPOSAL RESPONSE FORM

Request for Proposal No.: P-11060 NORTHERLY ISLAND EVENT VENUE MANAGEMENT AND OPERATION Opening Date: DECEMBER 19, 20011 at 3:00 p.m. Should you decide not to submit a proposal on this specific contract, please complete and return this form on or before the proposal opening date. REASON FOR NOT RESPONDING Too busy at this time Delivery requirements Insufficient time to respond to request Job too small Job too large Territory too large to cover Not our product Do not sell direct Too competitive Specifications too restrictive (explain below) Specifications are unclear (explain below) Payment too slow Unable to meet bond/insurance requirements Other (explain below)

Remarks: ________________________________________________________________________

_____________________________________________________________________________ ___ _____________________________________________________________________________ ___ _____________________________________________________________________________ ___

by:
(Company Name) (Authorized Signature)

(Address)

(Printed Name and Title )

(City, State, Zip Code)

(Date)