Eagle Creek Golf Course IFB Contract.docx

The following information will become the contract between the awarded vendor and the Illinois Department of Natural Resources. Instructions and requirements to submit a bid response are found in the attachment titled “Invitation for Bid Vendor Instructions and Requirements”.

Illinois Department of Natural Resources 8079-4 Eagle Creek 3 Year Golf Course Management Contract

26-422DNR-LNDMG-R-301626

The Parties to this contract are the State of Illinois acting through the undersigned Agency (collectively the State) and the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments referenced in this contract, constitute the entire contract between the Parties concerning the subject matter of the contract, and in signing the contract, the Vendor affirms that the Certifications and Financial Disclosures and Conflicts of Interest attached hereto are true and accurate as of the date of the Vendor’s execution of the contract. This contract supersedes all prior proposals, contracts and understandings between the Parties concerning the subject matter of the contract. This contract can be signed in multiple counterparts upon agreement of the Parties.

1. DESCRIPTION OF SUPPLIES AND SERVICES

1.1. GOAL: IDNR and the US Army Corps of Engineers are seeking a vendor to professionally and successfully manage the Golf Course at Eagle Creek State Park located in Findlay, Illinois, providing programs and procedures for a satisfactory recreational golf experience as well as enhancing and protecting the environment, natural resources, property and aesthetics of the course.

1.2. SUPPLIES AND/OR SERVICES REQUIRED: Vendor shall be required to have the golf course open to the public for the purpose of serving guests at the concession as per the hours/dates listed in Section 1.4.1.

Vendor shall charge a fee for patrons to golf on the course, at a minimum have available for rent: 40 golf carts, 4 sets of men’s golf clubs, 4 sets of women’s golf clubs, 6 buckets of range balls as well as provide for sale: basic golf course necessities such as golf balls, clubs, tees, ball markers, divot tools. In addition, the Vendor shall sell non-alcoholic beverages, pre-packaged snacks and can beer.

1.3. AUTHORIZED SUPPLIES AND/OR SERVICES:

The Vendor at Eagle Creek Golf Course will be authorized to rent, sell, serve or dispense non-alcoholic beverages, alcoholic beverages, snacks, hot dogs & sandwiches, confections, souvenirs and novelties, newspapers, post cards, and golfing related items.

Video Gaming, whether for entertainment purposes only or for chances to win money and/or other things with a monetary value is not allowed. Vendor shall not serve anything in individual glass containers unless authorized by IDNR. The Site Superintendent and/or Concession Manager have absolute discretion to approve the types, items and quality of all merchandise sold and services rendered at the concession.

1.4. HOURS OF OPERATION:

1.4.1. REQUIRED HOURS OF OPERATION: Vendor must have the concession open and operating for the purpose of serving park patrons for the hours listed below unless the park is closed for an unforeseen reason, such as inclement weather, the course is too muddy or snow-covered as determined by the Site Superintendent. Hours may be waived or altered with the Site Superintendent’s prior approval.

April 1 – October 31: Sun – Sat 7:00 a.m. – 7:00 p.m.

October 31 – March 31: Sun – Sat 9:00 a.m. – 4:00 p.m.

1.4.2. OPTIONAL HOURS OF OPERATION The Vendor may also have the golf course open 7 days per week, from sunrise to sunset year-round without prior written permission of the Site Superintendent and Concession Manager. Additional hours shall require the written permission of the Site Superintendent and Concession Manager.

1.5. MILESTONES AND DELIVERABLES:

1.5.1. Vendor shall provide to IDNR a monthly accounting of all receipts and expenses related to the operation of the Golf course, indicating source of revenue (greens fees, cart rental, food sales, etc.) and nature of expenditures (utilities, personnel, licenses, etc.)

1.5.2. Vendor shall provide IDNR with a Profit and Loss Statement for the preceding calendar year no later than May 1ˢᵗ of the following year for each year the Contract is in effect. This document shall reflect all business transactions (gross receipts) on or from the leased premises during the year.

1.5.3. Vendor shall be entitled to retain all funds obtained from greens fees, cart and club rentals fees, and proceeds from sale of any accessories.

1.5.4. Vendor shall be responsible for security of the premises at all times.

1.5.5. Vendor shall submit to the Site Superintendent and Concession Manager the selling price of all goods sold, and services rendered at the concession in writing within 30 days of contract execution and no later than March 15th of each remaining year of the Contract. The approved price list and rental fees shall be posted in clearly visible places about the premises and accessible to the public. All prices charged to the public by the Vendor must be competitive with comparable facilities in the area. IDNR shall determine whether the prices charged to the public are competitive with comparable facilities in the area and may determine that prices need to be reduced and/or altered.

Any proposed increase in prices or rental fees during the term of the Contract and all renewals must be submitted to the Concession Manager in writing for prior approval. Vendor shall receive approvals in writing prior to any increase—approvals shall not be unreasonably withheld.

1.5.6. Vendor shall submit all required licenses to the Site Superintendent and Concession Manager within 30 days of contract execution and no later than March 15th for each remaining year of the contract. Licenses include but are not limited to Business Registration, Health Department Permit, Liquor Licenses, etc.

1.5.7. Vendor must provide copies of all county health inspections to the Site Superintendent and Concession Manager on the day of the inspection. Vendor shall comply with any recommendations made. Failure of the Vendor to comply with such recommendations may result in the termination of the Lease.

1.5.8. All property/equipment left by Vendor two weeks after conclusion of the Contract shall be considered abandoned and shall be considered State Property from that moment forward.

1.5.9. For the duration and upon conclusion of Contract, Vendor shall be responsible for all missing equipment that is State Property as listed in the updated inventory list provided by IDNR to the Vendor annually. Vendor shall be required to replace all missing items at Vendor’s expense and the items will become property of IDNR.

1.5.10. Vendor shall take all reasonable precautions for safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (i) persons performing services and obligations on behalf of the Vendor; (ii) anyone rightfully within the Premises, including, without limitation, members of the public and employees of IDNR; (iii) members of the public receiving goods or services offered by Vendor; or (iv) the property of IDNR, members of the public, or Vendors on or adjacent to the Premises.

1.5.11. Vendor shall notify IDNR of any incidents and/or accidents that occur at the concession no later than 24 hours after the incident/accident occurred. Vendor shall supply IDNR the name and contact information of the person(s) involved; IDNR shall then write up an incident report.

1.6. VENDOR/STAFF MANDATORY REQUIREMENTS:

1.6.1. OPERATION

1.6.1.1. Vendor shall adhere to and abide by the terms of the USACE contract DACW43-1-08-32 which was entered into between IDNR and USACE for the lease of Eagle Creek State Recreational Area, perform such a manner so as not to jeopardize in any way IDNR’s lease with the USACE. Failure of Vendor to do so shall be considered a breach of the contract. A copy of the lease between IDNR and the USACE can be found as Exhibit B.

1.6.1.2. Vendor shall submit any slogans or logos to the Site Superintendent and Concession Manager for prior approval to ensure that it is in the best interest of IDNR. The concession name shall remain Eagle Creek Golf Course.

1.6.1.3. Vendor shall submit samples and have approval in writing by the Site Superintendent prior to placing any sign or advertisement upon any location of property. The Site Superintendent shall then submit the proposal to the Region Land Manager for approval and ensure that it complies with the IDNR’s sign manual regulations.

The Site Superintendent shall have the right to remove any sign or signs that have been erected which did not receive prior written approval at the expense of the Vendor and without notification to the Vendor. All approved signs erected by Vendor shall be the responsibility of Vendor and will be kept in good condition by Vendor. Good condition means that the signs will not be peeling, fading, and torn/broken.

1.6.1.4. Vendor shall be required to advertise through social media and/or with a website within 30 days of contract execution and for the duration of the contract. This advertisement shall include, but not limited to, the services offered by the concession operation as well as the hours of operation.

If Vendor chooses to advertise through social media, the Vendor shall request account(s) through the Concession Manager—Vendor shall not create their own account. The account(s) will be issued by the IDNR Communications Office, and the Vendor shall be granted administrative access to the account(s).

1.6.1.5. Vendor is required to post hours of operation for the concession in clearly visible places for the benefit of the visitors to the area within twenty (25’) feet of the pro shop. All patrons shall be permitted to enter the public portion of the pro shop premises freely, and to enjoy the convenience and privileges accorded to the patrons of the concession. All road access is to remain open at all times the park is open to the public.

1.6.1.6. Vendor shall provide all supplies, labor, supervision, maintenance, equipment, tools, materials, and incidentals necessary to operate and maintain the concession.

1.6.1.7. Vendor shall not construct any temporary or permanent structure or improvement at the facility without prior written permission from the Site Superintendent.

1.6.1.8. Vendor may not disturb any of the natural habitat, aquatic life or wildlife on the permitted area or any area adjacent to the permitted area.

1.6.1.9. Vendor shall be responsible for electricity, water, trash, alarm, pest control and all other utility services not listed in this contract that are necessary for the proper operation of the golf course.

The Vendor shall be required to have internet and telephone at the pro shop during the months of operation.

Site Superintendent shall determine the location of the Vendor’s dumpster(s).

1.6.1.10. Vendor shall only offer compostable food ware or recyclable food ware for use at State Parks. Vendor shall not use single-use plastic disposable food ware or disposable food service containers that are composed in whole or in part from polystyrene foam as per 30 ILCS 500/45-23 and 30 ILCS 500/45-24.

Allowed:

"Compostable Food Ware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals that are compostable.

"Recyclable Food Ware" means items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are commonly accepted in local curbside residential recycling pickup.

Not Allowed:

"Single-Use Plastic Disposable Food Ware" means containers, bowls, straws, plates, trays, cartons, cups, lids, forks, spoons, knives, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals and that are made of plastic, polystyrene, are not compostable, and are not accepted in residential curbside recycling pickup.

1.6.1.11. Per 20 ILCS 835/4b gift shops and concession areas within State parks and parkways shall set aside a booth or section for the sale of products manufactured in the United States. The booth or section shall be labeled “Made in the USA.” As used in this Section, "products manufactured in the United States" means assembled articles, materials, or supplies for which design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurred in the United States.

Vendor shall submit within 30 days of opening for the 2026 season and by March 15 of each following year of the Contract a list of items Made in the USA along with a photo of the area the items are for sale to the concession manager.

1.6.1.12. LIQUOR: Failure to follow the terms of this section constitutes a material breach of the is Contract and may result in termination pursuant to Section 3.3 of this Contract.

Vendor shall be required to have a valid State & Local liquor license if alcohol is sold. IDNR agrees that fees for any and all such licenses shall be paid directly to the appropriate State or local authority having jurisdiction over the issuing of said license. Vendor will also be required to follow all local, township, county, Departmental, State & Federal laws.

Vendor shall be required to post signs stating that no alcohol is allowed outside of the following areas: golf course, parking lot, pro shop or outdoor metal canopy. Signs are to be pre-approved by the Site Superintendent.

All employees selling alcohol shall be required to have Basset training and become certified as required per 235 ILCS 5/3-12 (11.1) and 6-27 and Title 77 of Illinois Administrative Code, Chapter XVI, Section 3500.

Vendor shall be required obtain and carry liability insurance per section 4.11. of this contract as required under the Liquor Control Act of 1934 for all damages suffered or alleged to have been suffered by any person or persons resulting from any operation of the Vendor. Vendor shall submit proof of Dram Shop insurance to Site Superintendent and Concession Manager prior to any alcohol sales, and insurance must remain in effect during any period in which alcohol is sold or on site.

1.6.2. MAINTENANCE: Vendor shall maintain the Premises including but not limited to the Golf Course, Driving Range, Pro Shop and Maintenance Sheds per the minimum the specifications outlined below and as per required by the Army Corps of Engineers:

1.6.2.1. GENERAL MAINTENANCE:

1.6.2.1.1. Blow and collect leaves during the fall season

1.6.2.1.2. Pick up litter and trash as needed, based on course usage

1.6.2.1.3. Maintain all Pesticide applicators licenses through the Dept. of Agriculture

1.6.2.1.4. Vendors should adhere to the “Best Management Practices for Golf in Illinois”, as applicable - https://www.gcsaa.org/docs/default-source/environment/illinois-bmps.pdf?sfvrsn=cb02f83e_0

1.6.2.2. GREENS/COLLARS

1.6.2.2.1. Mow greens at proper height according to season

1.6.2.2.2. Pin placement shall be in healthy turf area with proper colored flag

1.6.2.2.3. No standing water or mud holes – greens should be consistent on a stimpmeter within 1-foot range

1.6.2.2.4. Weed free and disease free

1.6.2.2.5. Bare and stressed areas sodded or plugged

1.6.2.2.6. Pest and vandalism damage repaired

1.6.2.2.7. No foreign grass encroachment from collars

1.6.2.2.8. Hole plugs set at proper grade

1.6.2.2.9. Cup liners, pin flags and flag poles kept in “as new” condition and immediately replaced when broken, damaged, or otherwise deemed unsatisfactory

1.6.2.3. FAIRWAYS

1.6.2.3.1. Fairways mowed at proper height between 0.35 to 0.75 inches

1.6.2.3.2. No standing water or mud holes

1.6.2.3.3. Yardage markers in place and maintained

1.6.2.3.4. Cart traffic management devices in place; bare or stressed areas properly addressed

1.6.2.3.5. Weed free and disease free

1.6.2.3.6. Pest and vandalism damage repaired

1.6.2.3.7. All debris from aerating and cutting cleaned up same day

1.6.2.4. TEES

1.6.2.4.1. Mow at proper height

1.6.2.4.2. Tee markers placed in healthy areas with tee markers set flat

1.6.2.4.3. Sand and seed buckets filled and properly placed by tee markers

1.6.2.4.4. All tee equipment cleaned and painted; ball washer operational

1.6.2.4.5. No standing water or mud holes

1.6.2.4.6. Weed free and disease free

1.6.2.4.7. Pest and vandalism damage repaired

1.6.2.4.8. Bare areas sodded and leveled

1.6.2.4.9. Divots repaired as needed to present a full turf cover

1.6.2.5. ROUGHS

1.6.2.5.1. Mowed at proper height between 1 to 3 inches

1.6.2.5.2. No standing water or mud holes

1.6.2.5.3. Pest and vandalism damage repaired

1.6.2.5.4. Hazards properly marked

1.6.2.5.5. Free of debris that affects play

1.6.2.6. BUNKERS

1.6.2.6.1. Edged as required, by season

1.6.2.6.2. Raked – sand not compacted

1.6.2.6.3. Proper level of sand; replenish sand as needed

1.6.2.6.4. Two operational rakes per trap

1.6.2.6.5. Rakes properly maintained

1.6.2.6.6. Trap should have 2” lip on lower side

1.6.2.6.7. No excess sand buildup on high side

1.6.2.6.8. No animal boroughs

1.6.2.6.9. No standing water

1.6.2.6.10. No rocks, trash, debris, weeds and grass clippings

1.6.2.7. PARKING LOT

1.6.2.7.1. Parking lots are to be maintained in a safe condition for use by both vehicles and pedestrians, and cleaned each day to ensure a clean, crisp appearance free from litter and debris

1.6.2.7.2. Swept with lines visible and weed free

1.6.2.7.3. Lights operational

1.6.2.8. PORTA-POTTIES

1.6.2.8.1. Vendor shall provide and maintain two portable toilets; locate one by the No. 4 Green and one between Holes 8 and 9

1.6.2.8.2. Must be clean and stocked

1.6.2.8.3. Operational and odor free

1.6.2.8.4. Ensure they area pumped out as needed

1.6.2.9. CART PATHS

1.6.2.9.1. Edged and clean, free of woody debris and litter

1.6.2.9.2. Weed free

1.6.2.9.3. Non-slip surface

1.6.2.9.4. No standing water

1.6.2.9.5. Remove snow and ice

1.6.2.10. IRRIGATION - Irrigation shall be performed as needed throughout the growing period (approximately April 1 through September 30 of each year) with a view to conserve water, prevent leaching, encourage good root development and provide firm playing conditions. Excessive dryness or turf stress is to be avoided by careful attention to watering needs. Overwatering or regular saturation of the rootzone resulting in wet, soft playing conditions and unhealthy turfgrass is not acceptable.

1.6.2.10.1. Irrigation system properly maintained and adjusted

1.6.2.10.2. Proper coverage

1.6.2.10.3. No evidence of broken lines

1.6.2.10.4. No missing or broken valve box lids

1.6.2.10.5. All valve boxes visible

1.6.2.10.6. Controllers must be locked

1.6.2.10.7. Heads, valves and quick couplers are leak free

1.6.2.10.8. Irrigation computer information properly kept

1.6.2.10.9. Maintain the irrigation pumps on the contracted premises, per the maintenance manual (Exhibit A)

1.6.2.10.10. Maintain the irrigation waterlines throughout the golf course

1.6.2.11. PRO SHOP

1.6.2.11.1. Annual flowers and/or ornamental grasses in place and healthy

1.6.2.11.2. Missing plants replaced in kind

1.6.2.11.3. Walkways level and clean of debris

1.6.2.11.4. All surfaces covered properly with paint where appropriate

1.6.2.11.5. Exterior lighting working and scheduled properly

1.6.2.11.6. Windows in clean condition

1.6.2.11.7. All signage accurate and legible

1.6.2.11.8. Gutters shall be kept operational and free of debris

1.6.2.11.9. Perform quarterly preventative service to HVAC system and hot water heaters

1.6.2.11.10. Collect and dispose of any garbage

1.6.2.11.11. Meet all electric and safety codes regarding temporary electric service in and around the pro-shop and outdoor metal canopy.

1.6.2.11.12. Ensure that the pro shop sanitary waste holding tank is pumped out as needed, in accordance with applicable local regulations and Illinois Environmental Protection Agency standards

1.6.2.12. TREES

1.6.2.12.1. No dead trees or terminally diseased trees

1.6.2.12.2. Trees in high traffic areas (Pro Shop, walk paths, Cart Paths, etc.) shall be checked regularly for weak limbs, and hanging limbs and maintained as necessary

1.6.2.12.3. Mowed around

1.6.2.12.4. Kept in healthy condition

1.6.2.12.5. No weed whip marks

1.6.2.12.6. Action plan for diseased trees

1.6.2.12.7. Any tree removal shall receive prior approval from IDNR

1.6.2.13. PONDS AND WATERWAYS

1.6.2.13.1. Clear of algae, other vegetation, and odors

1.6.2.13.2. Litter/debris controlled

1.6.2.13.3. Water is clear

1.6.2.13.4. Ponds at proper level

1.6.2.13.5. Properly marked as water hazard

1.6.2.13.6. Undesirable water plants not present

1.6.2.13.7. Erosion control methods employed as necessary

1.6.2.13.8. Pond liners properly maintained

1.6.2.13.9. Fountains and aeration equipment properly maintained, if applicable

1.6.2.14. MAINTENANCE FACILITIES

1.6.2.14.1. Cleaned regularly

1.6.2.14.2. Maintained properly

1.6.2.14.3. All regulations for proper storage and disposal of materials/chemicals are adhered to per the Army Corps rules and regulations (Exhibit B).

1.6.2.15. PERIPHERY/SHRUB BEDS

1.6.2.15.1. Properly mowed

1.6.2.15.2. Free of litter/debris

1.6.2.15.3. Mulch in proper areas

1.6.2.15.4. Weed free

1.6.2.15.5. Properly trimmed

1.6.2.15.6. Water properly – not overly dry or wet

1.6.2.15.7. Flowers changed by schedule or as needed

1.6.2.15.8. No dead or diseased plants

1.6.2.16. FENCE/NETS

1.6.2.16.1. Repair or replace as needed

1.6.2.16.2. In place with no holes or tears and properly secured

1.6.2.17. HERBICIDE, PESTICIDE, FUNGICIDE and FERTILIZER

1.6.2.17.1. Shall be applied to greens, tees, fairways and roughs to promote a healthy turf stand capable of recovering from wear, compete with weed encroachment, and resist stress, pest and disease damage.

1.6.2.17.2. All necessary chemical applications will be applied as early in the day as possible so as to cause as little interference with play as possible. Applications shall occur when no golfers are present, and appropriate re-entry times shall be observed.

1.6.2.17.3. All chemicals used shall receive prior approval from IDNR before application and shall only be applied by certified and licensed chemical applicators. Vendor shall follow all label restrictions for mixing and applying chemicals and shall use all chemicals according to the manufacturer’s label directions. Materials safety data sheets (MSD’s) for all chemicals shall be kept on the work site.

1.6.2.17.4. Vendor shall be knowledgeable of all environmental impact areas subject to state and federal laws.

1.6.3. FISCAL RESPONSIBILITIES

1.6.3.1. Vendor shall pay all taxes levied or assessed on the Premises including property taxes, and all taxes and license fees growing out of or in connection with the operation of the golf course, whether or not measured by gross revenue from such business.

1.6.3.2. Vendor shall provide proof of insurance during the term of the Contract and all Renewals and will name IDNR as additional insured as stated in Section 4.11 of this contract.

1.6.3.3. Vendor shall agree to accept cash, debit and credit cards for all transactions. It shall be the Vendor’s responsibility to install the equipment to be used for these forms of payments.

1.6.3.4. Vendor hereby agrees that a full, true and correct account shall be kept of all financial transactions for the operation of all golf course activities conducted pursuant to the Contract. All records shall be kept in accordance with Generally Accepted Accounting Principles; all records must be supported by source documents such as sales slips, cash register tapes, purchase invoices, or such other documents IDNR may deem necessary. Duplicate deposit slips will be kept on file, and all accounts resulting from the Contract shall be paid by check, cash, money order or credit card.

1.7. IDNR RESPONSIBILITIES

1.7.1. Maintenance and inspections for fire extinguishers.

1.7.2. Refuse containers, in accordance with any applicable standards of the Illinois Environmental Protection Agency and the Illinois Department of Public Health.

1.7.3. Maintenance and repair of the golf course buildings, including the mechanical, plumbing, electrical and HVAC (heating, ventilation and air conditioning) systems.

1.7.4. Maintenance of the main utility lines both inside and outside the premises.

1.7.5. Maintenance of parking lots, sidewalks and roads for uninterrupted ingress and egress to the Premises; except, when necessary to close an area or road due to construction in the park, repair of roads, flooding, or other conditions beyond the anticipation or control of IDNR. Parking lot maintenance does not include daily trash clean-up.

1.7.6. Maintenance of all paved roadways, parking lots, and cart paths to include repair, replacements, sealing and striping.

1.7.7. Snow and ice removal in the public parking lot.

1.7.8. The existing equipment listed below, which may be utilized by the Vendor, at their option, subject to the regulations found in Section 1.6.2., “Maintenance.” Vendor shall provide and maintain all additional equipment required for the proper operation of the golf course as specified in this contract.

8079-3 EAGLE CREEK IDNR OWNED EQUIPMENT AS OF 01/05/2026

1.7.9. IDNR shall provide the Vendor a list of IDNR owned equipment annually by March 15th of each year. In addition, at least once a year, a physical inventory of IDNR’s equipment will be taken by IDNR. Vendor shall be responsible for any discrepancies found in the inventory of IDNR and will be required to replace any missing inventory at the Vendor’s expense and will become property of IDNR.

1.7.10. Any IDNR property or equipment needing replaced as a result of improper or negligent use by Vendor or any of its employees, contractors or agents will be replaced at Vendor’s own expense and will become property of IDNR.

For procurements conducted in BidBuy, the State may include in this contract the BidBuy Purchase Order as it contains the agreed Supplies and/or Services.

1.8. VENDOR QUALIFICATIONS Vendor shall provide capable, qualified, and thoroughly trained personnel to carry out the Golf Course operation. Personnel shall present a clean, well-groomed and professional appearance befitting their role.

1.8.1. Vendor shall provide documentation of five (5) years’ experience in Golf Course Management. The Agency is seeking a professional operator for this facility to ensure a high-quality level of operation and service to the public.

1.8.2. REMOVAL OF VENDOR EMPLOYEE: IDNR may require the Vendor to immediately remove from the facility an employee of the Vendor, who, in the opinion of the Department, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to safely or satisfactorily perform the work.

1.9. REFRENCES: Vendor shall provide one written Financial Reference and one written Business or Character Reference from established private firms or government agencies, other than the procuring Agency, who can attest to Vendor’s experience and ability to perform the requirements of the contract that is the subject of this solicitation. Vendor shall provide one reference letter from each reference and contain the name and contact information for the reference. The contract cannot be awarded until the requested documents have been received.

1.10. TRANSPORTATION AND DELIVERY: N/A

1.11. SUBCONTRACTING: Subcontractors are allowed.

1.11.1. Will subcontractors be utilized? |_| Yes |_| No

A subcontractor is a person or entity that enters into a contractual agreement with a total value of $100,000 or more with a person or entity who has a contract subject to the Illinois Procurement Code pursuant to which the person or entity provides some or all of the goods, services, real property, remuneration, or other monetary forms of consideration that are the subject of the primary State contract, including subleases from a lessee of a State contract.

All contracts with subcontractors where the annual value of the subcontract is greater than $50,000 must include Illinois Standard Certifications completed by the subcontractor.

1.11.2. Please identify below subcontracts with an annual value of $100,000 or more that will be utilized in the performance of the contract, the names and addresses of the subcontractors, and a description of the work to be performed by each.

• Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text

• Subcontractor Name: Click here to enter text Amount to Be Paid: Click here to enter text Address: Click here to enter text Description of Work: Click here to enter text

If additional space is necessary to provide subcontractor information, please attach an additional page.

1.11.3. If the annual value of any subcontracts is more than $100,000, then the Vendor must provide to the State the Financial Disclosures and Conflicts of Interest for that subcontractor.

1.11.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor is required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses and the expected amount of money that each new or replaced subcontractor will receive pursuant to this Contract. Any subcontracts entered prior to award of this Contract are done at the sole risk of the Vendor and subcontractor(s).

1.12. WHERE SERVICES ARE TO BE PERFORMED:

Unless otherwise disclosed in this section all services shall be performed in the United States. If the Vendor performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the State as a breach of the contract by Vendor.

Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If the Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if the Offeror shifts any such work outside the United States.

· Location where services will be performed: Eagle Creek State Park: 2341 Eagle Creek Road Findlay, IL. 62534 Value of services performed at this location: 100%

2. PRICING

2.1. TYPE OF PRICING: The Illinois Office of the Comptroller requires the State to indicate whether the contract price is firm or estimated at the time it is submitted for obligation. The total price of this contract is firm.

2.2. VENDOR’S PRICING: Vendor’s pricing is located in the Items Tab in the BidBuy Purchase Order. The State includes in this contract the BidBuy Purchase Order as it contains the agreed pricing.

IDNR will only accept a deflating price structure:

Year 2 (2027) shall be no more than 50% of year 1 (2026) Year 3 (2028) shall be no more than 50% of year 2 (2027)

2.3. MAXIMUM AMOUNT: The total payments under the initial term of this contract shall not exceed $Click here to enter text without a formal amendment. The maximum amount will be entered by the State prior to execution of the contract.

3. TERM AND TERMINATION

3.1. TERM OF THIS CONTRACT: The contract will have an initial term commencing upon April 6, 2026, or upon the last dated signature of the Parties and shall expire December 31, 2028. In no event will the maximum total term of the contract, including the initial term, any renewal terms, and any extensions, exceed ten (10) years. Vendor shall not commence billable work in furtherance of the contract prior to final execution of the contract except when permitted pursuant to 30 ILCS 500/20-80.

3.2. TERMINATION FOR CAUSE: The State may terminate this contract, in whole or in part, immediately upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) the Vendor has notified the State that it is unable or unwilling to perform the contract.

If Vendor fails to perform to the State’s satisfaction any material requirement of this contract, is in violation of a material provision of this contract, or the State determines that the Vendor lacks the financial resources to perform the contract, the State shall provide written notice to the Vendor to cure the problem identified within the period of time specified in the State’s written notice. If not cured by that date the State may either: (a) immediately terminate the contract without additional written notice or (b) enforce the terms and conditions of the contract.

For termination due to any of the causes contained in this Section, the State retains its rights to seek any available legal or equitable remedies and damages.

3.3. TERMINATION FOR CONVENIENCE: The State may, for its convenience and with thirty (30) days prior written notice to Vendor, terminate this contract in whole or in part and without payment of any penalty or incurring any further obligation to the Vendor.

Upon submission of invoices and proof of claim, the Vendor shall be entitled to compensation for supplies and services provided in compliance with this contract up to and including the date of termination.

3.4. AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of funds. The State, at its sole option, may terminate or suspend this contract, in whole or in part, without penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Agency’s funding by reserving some or all of the Agency’s appropriation(s) pursuant to power delegated to the Governor by the Illinois General Assembly, or (3) the Agency determines, in its sole discretion or as directed by the Office of the Governor, that a reduction is necessary or advisable based upon actual or projected budgetary considerations. Contractor will be notified in writing of the failure of appropriation or of a reduction or decrease.

4. STANDARD BUSINESS TERMS AND CONDITIONS

4.1. PAYMENT TERMS AND CONDITIONS:

4.1.1. LATE PAYMENT: Payments, including late payment charges, will be paid in accordance with the State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 III. Adm. Code 900. This shall be Vendor’s sole remedy for late payments by the State. Payment terms contained in Vendor’s invoices shall have no force or effect.

4.1.2. MINORITY CONTRACTOR INITIATIVE: Any Vendor awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

4.1.3. EXPENSES: The State will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this contract by the Parties even if the effective date of the contract is prior to execution.

4.1.4. PREVAILING WAGE: As a condition of receiving payment Vendor must (i) be in compliance with the contract, (ii) pay its employees prevailing wages when required by law, (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the State upon request. Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services. The prevailing wages are revised by the Illinois Department of Labor (DOL) and are available on DOL’s official website, which shall be deemed proper notification of any rate changes under this subsection. Vendor is responsible for contacting DOL at 217-782-6206 or (https://labor.illinois.gov) to ensure understanding of prevailing wage requirements.

4.1.5. FEDERAL FUNDING: This contract may be partially or totally funded with Federal funds. If Federal funds are expected to be used, then the percentage of the good/service paid using Federal funds and the total Federal funds expected to be used will be provided to the awarded Vendor in the notice of intent to award.

4.1.6. INVOICING: By submitting an invoice, Vendor certifies that the supplies or services provided meet all requirements of this contract, and the amount billed and expenses incurred are as allowed in this contract. Invoices for supplies purchased, services performed, and expenses incurred through June 30 of any year must be submitted to the State no later than July 31 of that year; otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS 105/25. All invoices are subject to statutory offset. 30 ILCS 210.

4.1.6.1. Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax. If necessary, Vendor may request the applicable agency’s Illinois tax exemption number and Federal tax exemption information.

4.1.6.2. Vendor shall invoice at this completion of the contract unless invoicing is tied in this contract to milestones, deliverables, or other invoicing requirements agreed to in the contract.

Send invoices to: Shanon.L.Hudgins@Illinois.gov

For procurements conducted in BidBuy, the Agency may include in this contract the BidBuy Purchase Order as it contains the Bill To address.

4.2. ASSIGNMENT: This contract may not be assigned or transferred in whole or in part by Vendor without the prior written consent of the State.

4.3. SUBCONTRACTING: For purposes of this section, subcontractors are those with contracts with an annual value exceeding $100,000 and who are specifically hired to perform all or part of the work covered by this contract. Vendor must receive prior written approval before use of any subcontractors in the performance of this contract. Vendor shall describe, in an attachment if not already provided, the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this contract, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this contract. If required, Vendor shall provide a copy of any subcontracts within fifteen (15) days after execution of this contract. All subcontracts must include the same certifications that Vendor must make as a condition of this contract. Vendor shall include in each subcontract the Standard Illinois Certification form available from the State. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, then Vendor must promptly notify, by written amendment to the Contract, the State Purchasing Officer or the Chief Procurement Officer of the names and addresses, the expected amount of money that each new or replaced subcontractor will receive pursuant to the Contract, and the general type of work to be performed. 30 ILCS 500/20-120.

4.4. AUDIT/RETENTION OF RECORDS: Vendor and its subcontractors shall maintain books and records relating to the performance of this contract and any subcontract necessary to support amounts charged to the State pursuant this contract or subcontract. Books and records, including information stored in databases or other computer systems, shall be maintained by the Vendor for a period of three (3) years from the later of the date of final payment under the contract or completion of the contract, and by the subcontractor for a period of three (3) years from the later of final payment under the term or completion of the subcontract. If Federal funds are used to pay contract costs, the Vendor and its subcontractors must retain their respective records for five (5) years. Books and records required to be maintained under this section shall be available for review or audit by representatives of the procuring Agency, the Auditor General, the Executive Inspector General, the Chief Procurement Officer, State of Illinois internal auditors or other governmental entities with monitoring authority, upon reasonable notice and during normal business hours. Vendor and its subcontractors shall cooperate fully with any such audit and with any investigation conducted by any of these entities. Failure to maintain books and records required by this section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under this contract or any subcontract for which adequate books and records are not available to support the purported disbursement. The Vendor or subcontractors shall not impose a charge for audit or examination of the Vendor’s or subcontractor’s books and records. 30 ILCS 500/20-65.

4.5. TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this contract. Vendor shall continue to perform its obligations while any dispute concerning this contract is being resolved unless otherwise directed by the State.

4.6. NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future.

4.7. FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel this contract without penalty if performance does not resume within thirty (30) days of the declaration.

4.8. CONFIDENTIAL INFORMATION: Each Party to this contract, including its agents and subcontractors, may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this contract. Vendor shall presume all information received from the State or to which it gains access pursuant to this contract is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act, shall be considered public. No confidential data collected, maintained, or used in the course of performance of this contract shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of this contract or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of this contract, in whatever form it is maintained, promptly at the end of this contract, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. The foregoing obligations shall not apply to confidential data or information lawfully in the receiving Party’s possession prior to its acquisition from the disclosing Party; received in good faith from a third Party not subject to any confidentiality obligation to the disclosing Party; now is or later becomes publicly known through no breach of confidentiality obligation by the receiving Party; or that is independently developed by the receiving Party without the use or benefit of the disclosing Party’s confidential information.

4.9. USE AND OWNERSHIP: All work performed or supplies created by Vendor under this contract, whether written documents or data, goods or deliverables of any kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the State all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the State may use the work product for any purpose. Confidential data or information contained in such work shall be subject to the confidentiality provisions of this contract.

4.10. INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois, its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses, losses, claims, damages, liabilities, settlements and judgments, including in-house and contracted attorneys’ fees and expenses, arising out of: (a) any breach or violation by Vendor of any of its certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or injury to any person, damage to any real or personal property, or any other damage or loss claimed to result in whole or in part from Vendor’s negligent performance; (c) any act, activity or omission of Vendor or any of its employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services or goods provided under this contract infringe, misappropriate, or otherwise violate any intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. In accordance with Article VIII, Section 1(a),(b) of the Constitution of the State of Illinois and 1973 Illinois Attorney General Opinion 78, the State may not indemnify private parties absent express statutory authority permitting the indemnification. Neither Party shall be liable for incidental, special, consequential, or punitive damages.

4.11. INSURANCE: Vendor shall, at all times during the term of this contract and any renewals or extensions, maintain and provide a Certificate of Insurance naming the State as an additionally insured for all required bonds and insurance. Certificates may not be modified or canceled until at least thirty (30) days’ notice has been provided to the State. Vendor shall provide: (a) General Commercial Liability insurance in the amount of $1,000,000 per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual Aggregate; (b) Auto Liability, including Hired Auto and Non-owned Auto (Combined Single Limit Bodily Injury and Property Damage), in amount of $1,000,000 per occurrence; and (c) Worker’s Compensation Insurance in the amount required by law. If alcohol is sold, Vendor shall have liability insurance as required under the Liquor Control act of 1934 for all damages suffered or alleged to have been suffered by any name person or persons resulting from any operation of the Vendor. Insurance shall not limit Vendor’s obligation to indemnify, defend, or settle any claims.

4.12. INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or employee of, or joint venturer with the State. All payments by the State shall be made on that basis.

4.13. SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during the term of this contract to perform any work under this contract. Vendor shall give notice immediately to the Agency’s director if Vendor solicits or intends to solicit State employees to perform any work under this contract.

4.14. COMPLIANCE WITH THE LAW: The Vendor, its employees, agents, and subcontractors shall comply with all applicable Federal, State, and local laws, rules, ordinances, regulations, orders, Federal circulars and all license and permit requirements in the performance of this contract. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this contract.

4.15. BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the State may conduct, at its expense, criminal and driver history background checks of Vendor’s and subcontractor’s officers, employees or agents. Vendor or subcontractor shall immediately reassign any individual who, in the opinion of the State, does not pass the background check.

4.16. APPLICABLE LAW:

4.16.1. PREVAILING LAW: This contract shall be construed in accordance with and is subject to the laws and rules of the State of Illinois.

4.16.2. EQUAL OPPORTUNITY: The Department of Human Rights’ Equal Opportunity requirements are incorporated by reference. 44 Ill. Adm. Code 750.

4.16.3. COURT OF CLAIMS; ARBITRATION; SOVEREIGN IMMUNITY: Any claim against the State arising out of this contract must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505. The State shall not enter into binding arbitration to resolve any dispute arising out of this contract. The State of Illinois does not waive sovereign immunity by entering into this contract.

4.16.4. OFFICIAL TEXT: The official text of the statutes cited herein is incorporated by reference. An unofficial version can be viewed at (www.ilga.gov/legislation/ilcs/ilcs.asp).

4.17. ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under Federal or State antitrust laws relating to the subject matter of this contract, then upon request of the Illinois Attorney General, Vendor shall assign to the State all of Vendor’s rights, title and interest to the claim or cause of action.

4.18. CONTRACTUAL AUTHORITY: The Agency that signs this contract on behalf of the State of Illinois shall be the only State entity responsible for performance and payment under this…