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Full Agenda Packet
CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, December 13, 2010 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A) Regular meeting of November 22, 2010. B) Special meeting of December 3, 2010. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Motion to approve final Certified Survey Map #10015-C, Evoniks, 3 lots south of Rockport road and west of South Palm Street. “C” OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Public hearing and action on a final resolution for assessable watermain on STH 11. (File Res. No. 2010-759) NEW BUSINESS 1. Presentation and possible action on completed Strategic Marketing Plan. 2. Update and possible action on proposed skate park. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – December 13, 2010 Page 2 NEW BUSINESS (CONTINUED) 3. Action on a motion authorizing the City Manager to enter into a TIF development agreement with Hendricks Development for a project in TIF #22. 4. Introduce and schedule a public hearing on a proposed ordinance amending JGO Chapter 5.52 and Section 5.04.010 N. regulating junk dealers, second hand dealers, second hand jewelry dealers, and pawnbrokers in the City of Janesville with penalties as set forth in JGO 5.52.090 and 5.04.180. (File Ord. No. 2010-471) 5. Introduce and schedule a public hearing on a proposed ordinance annexing property located at 2609 South U.S. Highway 51.(File Ord. No. 2010-469) 6. Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance annexing and zoning to B2 property located at 2609 South U.S. Highway 51. (File Ord. No. 2010-470) 7. Requests and comments from the public on matters which can be affected by Council action. 8. Matters not on the Agenda. 9. Motion to adjourn. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING NOVEMBER 22, 2010 VOL. 61 NO. 24 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 22, 2010. The meeting was called to order by Council President Voskuil at 7:00 PM. Council President Voskuil led the Council in the Pledge of Allegiance. Present: Council President Voskuil, Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber and Truman. CONSENT AGENDA Special City Council meeting minutes of October 26, 2010. Regular City Council meeting minutes of November 8, 2010. Licenses; and Recommendations of the Alcohol License Advisory. Action on a motion to approve final Certified Survey Map 10018-C, City of Janesville, 2 lots on Beloit Avenue. Financial statement for the month of October, 2010. Council President Voskuil stated that all items on the consent agenda would be approved as recommended if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Andreah Briarmoon, 339 S. Locust St., stated the importance of the mutual agreement between the City of Janesville and the Town of Rock as it relates to the PACE program (New Business #5). Steven Brooks, 1616 Happy Hollow, stated concerns about debris in the streets which has caused multiple flat tires on his bike and suggested harnessing the river to generate hydro-electric power. 2. The FY2011 proposed City and Library budgets received their continued public hearing. The public hearing was opened. Andreah Briarmoon, 339 S. Locust St., suggested that the Council restore money for Aquatics, Senior Center and the Library and to allow burning of leaves instead of City crews picking them up. Helen Close, 227 Ba-Wood Ln., promoted purchasing books written by local residents and sold at the Senior Center. The book sales profits are used to purchase dictionaries for Janesville’s third graders. Shelly Crull-Hanke, 2713 Twelve Oaks Dr., suggested restoring funding and hours to the aquatics facilities. Barbara Jones, 28 Brakefield Dr., and Sanford Gelso, 208 N. Main St., suggested restoring funding for existing JTS routes. Lori Kobbs, 422 Rockport Rd., presented a petition to restore funding to existing JTS routes. Steven Brooks, 1616 Happy Hollow, requested funding to repair Monterey Bridge. Fern Coopertino 2512 E. Racine St., opposed the mandatory Senior Center annual fee. The public hearing was closed. 3. Councilmember Steeber moved to approve the 2011 proposed City Budget as revised by the City Council through November 8, 2010, with a general Fund Budget in the amount of $41,598,244 and a tax levy (without TIF) in the amount of $25,437,644, and directed the Comptroller to include these amounts in the 2011 appropriation and levy resolution. The motion was seconded by Councilmember Brunner. Councilmember Rashkin moved to amend the motion by adding $6,000 for wading pools and did not receive a second. Councilmember Rashkin moved to amend the motion by reducing Senior Center annual fees from $25 to $15 and to not charge programming fees with a fiscal impact of $5,000. He then withdrew his motion. Councilmember Rashkin moved to amend the motion by restoring Westside bus service every half hour for the full year at a cost of $15,125, seconded by Councilmember Brunner. Councilmember Brunner offered a friendly amendment to increase the budget by $15,000 instead of $15,125, to decrease the Police Department’s animal control budget by $25,000 and to decrease fund balance applied by $10,000. The friendly amendment was accepted. The Council voted on the amendment and it passed unanimously. Councilmember Rashkin moved to amend the motion by reducing Senior Center annual fees from $25 to $15 and keep existing program fees with a fiscal impact of $7,000, seconded by Councilmember Steeber. Councilmember Brunner moved to amend the amendment by reducing the operating expenses by $7,000. The friendly amendment was accepted. The Council voted on the amended amendment and it failed by the following vote: Aye: Councilmembers Brunner, Rashkin and Steeber. Nay: Councilmembers Perrotto, McDonald, Truman and Voskuil. Councilmember McDonald moved to amend the motion by adding $500,000 for street maintenance, postpone borrowing $475,000 for street maintenance and reduce $500,000 in other programs. He did not receive a second. The Council then voted on the main motion, as amended, and it passed with the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, Truman and Voskuil. Nay: McDonald. Councilmember Steeber moved to approve the 2011 Proposed Hedberg Public Library budget with a tax levy (without TIF) in the amount of $3,207,919 for library purposes, and direct the Comptroller to include this amount in the 2011 levy resolution. The motion was seconded by Councilmember Rashkin and passed unanimously. Councilmember Steeber moved to approve the 2011 Proposed Rent Assistance budget, seconded by Councilmember Rashkin and approved by the following vote: Aye: Brunner, Perrotto, McDonald, Rashkin, Steeber and Voskuil. Pass: Truman. Council President stated the Council would meet on Monday, 11/29/10 at 7 a.m. to set the tax rate and the Council waived notice of that meeting. NEW BUSINESS Councilmember Rashkin left the meeting. 1. Consideration of Council Policy Statement #85 regarding the purchasing of property. Councilmember Steeber moved to adopt Council Policy Statement #85, seconded by Councilmember Truman and passed unanimously. 2. Action on a proposed resolution authorizing a TIF Development Agreement with Wright Road Property Group LLC and 3700 Racine Street LLC for the Home Health United, Inc. project. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2010-753) 3. Consideration and action upon a proposed motion to reconsider previously adopted File Resolution #2010-749 concerning New Business Agenda Item No. 4. Councilmember Brunner moved to reconsider the previously adopted resolution, seconded by Councilmember Perrotto and passed unanimously. 4. Reconsideration and action upon File Resolution #2010-749 authorizing the City Manager to sell property located at 189 South High Street in accord with the terms, conditions, and empowerments set forth in Revised File Res. #2010-749, or as otherwise may be amended by the Common Council. Councilmember Steeber moved to adopt said revised resolution without the owner/occupant requirement with a “first right of refusal” for the City. The motion was seconded by Councilmember Truman and passed unanimously. (Revised File Res. #2010-749) 5. Action on a proposed resolution approving a Memorandum of Understanding between the City of Janesville and Town of Rock. Councilmember McDonald moved to adopt said resolution to allow lands located west of the State Highway 11 Bypass to be eligible for the Rock County PACE program, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2010- 747) 6. Action on a proposed preliminary resolution for assessable water main on STH 11 and schedule a public hearing for the final resolution December 13, 2010. Councilmember Steeber moved to adopt said resolution, schedule a public hearing on December 13, 2010 and to express Council’s intent to borrow $260,000, seconded by Councilmember Truman and passed unanimously. (File Res. No. 2010-758) 7. A proposed ordinance amending Chapter 14 (Signs) of the Code of General Ordinances of the City of Janesville with regard to on-premise wall signs in Sign District D and the designation of street frontages for allowing such signs was introduced and scheduled for a public hearing on January 10, 2011. (File Ord. No. 2010-468) 8. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., suggested that the Council spend more time debating large expenditures instead of debating small expenditures. Also, she stated that the City should cut staff, allow leaf burning, have citizens mow neighborhood parks and eliminate two weeks of recycling in a calendar year. 9. Matters not on the Agenda. Councilmember McDonald reported that the pedestrian flashing light at Ruger Ave. and Ringold Ave. was flashing all the time instead of during school hours and leaf collection costs are part of the storm water charges on the water bills. In addition, Councilmembers McDonald and Brunner requested a review of our fund balance and borrowing policies. Councilmember Truman stated that the sidewalk drops 3-4” at the corner of Main St. and Van Buren St. and needs a temporary patch, the manholes on Milton Ave. are exposed and should be reviewed, and complimented staff on preparing a good budget. 12. Councilmember Steeber moved to adjourn, seconded by Councilmember McDonald and passed unanimously. There being no further business, Council adjourned at 9:49 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf, Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING DECEMBER 3, 2010 VOL. 61 NO. 25 A special meeting of the City Council of the City of Janesville held in the Municipal Building on December 3, 2010. The meeting was called to order by Council President Voskuil 7:00 AM. Council President Voskuil led the Council in the Pledge of Allegiance. Present: Council President Voskuil, Councilmembers Brunner, Steeber, Truman and Rashkin. Councilmembers McDonald and Perrotto were absent. Action on a proposed resolution adopting a budget, appropriating funds, authorizing expenditures, and levying a tax therefore, by the City of Janesville for the fiscal year ending December 31, 2011. Councilmember Brunner moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2010-760) Matters not on the Agenda. Councilmember Brunner complimented Council and staff for a good 2011 budget. There being no further business, Council adjourned at 7:06 AM. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 12/13/2010 RECOMMENDED A. AMUSEMENT DEVICE AND CENTER-ORIGINAL Voodoo Creations, LLC Ryan T. Skinner 121 E. Milwaukee St., Suite 100 B. ELECTRICIANS–ORIGINAL George Jenkins P.O. BOX 247 Ixonia, WI Russel C. Krause W2328 County K Columbus, WI C. SECONDHAND JEWELRY/SECONDHAND ARTICLE/PAWNBROKER-RENEWALS FOR THE 2011 LICENSE YEAR Bay Design Custom Jewelers Keith T. Pearce 1727 Newport Ave. Big Ed’s Ed. R. Benson 410 W Milwaukee St. Carousel Consignments, LLC Joni L. Bozart 31 S. Main St. The Coin Shop, LLC Richard A. Erdman 411 W. Milwaukee St. The Diamond Center Steven K. Yeko, Sr. 2500 Milton Ave, unit 110 Exclusive Company Corp. Stephanie A. Huff 1259 Milton Ave. Faith and Destiny Christian Store, LLC Alice B. Eastlick 1009 N. Washington St., Suite 110 HOME AGAIN CONSIGNMENT James L. Alverson 215 W. Milwaukee St. HOUSE OF TREASURE Michael L. Ude 500 W Milwaukee St. NOT RECOMMENDED A. YOUTH ENTERTAINMENT CENTER-ORIGINAL Mojo Carrie J. Jass 18-24 S. River St. POLICE DEPARTMENT MEMORANDUM December 7, 2010 TO: City Council FROM: Chief David J. Moore SUBJECT: Mojo’s – 18-24 S. River Street Carrie Jass has applied for a Youth Entertainment Center License with the City of Janesville. This is a new license request for the business called Mojo’s and is to be located at 18–24 S. River Street. Ms. Jass lists herself as the legal owner and the manager. In an email dated November 16, 2010, William Jass, husband of Carrie Jass offered a very robust, detailed and what appears to be, expensive business plan. This business plan was sent to many if not all council members. The business plan lists Bill and Carrie Jass as the principal owners and states “Carrie Jass will be the decision making partner while Bill Jass will be the manager partner who will run the day-to-day operation. The ownership will be 51% for Carrie and 49% for Bill Jass”. Based upon the business plan which clearly illustrates both William and Carrie Jass as owners, the police department reviewed both individuals in consideration of the Application. A review of Wisconsin Circuit Court Access (WCCA) reveals the following civil actions: Date Name Judgment Amount 05/07/10 Dept. of Workforce Development Vs. William Jass Unemployment $579.00 07/09/10 Smart Motors Inc Vs. William Jass Transcript of Judgment $3,699.50 09/29/10 Patrick J. Anderson Vs. William Jass Judgment for Eviction $0.00 03/08/10 Smart Motors Inc Vs. William Jass Judgment for Money $3,699.50 10/23/09 JP Morgan Chase Bank Vs. William Jass Judgment for Replevin $394.50 12/14/09 Dean Health System Vs. William Jass or Carrie Jass Judgment for Money $1,721.71 11/04/08 D. McCabe Vs. William Jass & Carrie Hunsader (aka Jass) Judgment for Money $5,089.00 02/02/07 TDS Metrocom Vs. William Jass Judgment for Money $583.23 11/03/04 Northeastern Title Loans, LLC Vs. William Jass Judgment for Replevin $167.42 09/17/04 Tammy Dettman Vs. William Jass Judgment for Eviction $1,052.00 Judgment for Money $224.00 08/13/04 Get It Now Vs. William Jass Judgment for Replevin $117.00 01/23/04 Janesville Animal Vs. William Jass & Carrie Hunsader (aka Jass) Judgment for Money $311.00 03/25/02 Alliant Energy/WPL Vs. William Jass Judgment for Money $1,006.66 04/19/01 TCF Financial Services Vs. William Jass Judgment for Money $11,877.33 08/13/01 Equicredit Corporation Vs. William Jass Foreclosure $0.00 12/19/00 TCF Financial Services Vs. William Jass Judgment for Replevin $168.71 12/27/00 Jimmy A. Milbrandt Vs. William Jass Judgment for Money $841.35 A criminal history check of William Jass shows a 2004 misdemeanor conviction for Worthless checks. A local records check reveals an open felony investigation with the Rock County Sheriff’s Department in which William Jass is a suspect in a fraud – Worthless Check and Theft offense. A very quick review of the business plan reveals one inaccuracy. The plan states “Carrie and Bill Jass own their own home and are acting members of their community” A review of their listed address of 2329 Elizabeth Street, Janesville, WI shows that the home is owned by Patrick and Jill Anderson from Oxford, MI. Mr. and Ms. Jass owned the home via a land contract from November of 2008 until April of 2010 when it was returned to the Andersons due to the foreclosure of the land contract. Properly managed the property at 18–24 S. River Street may be a good fit for a teen nightclub or youth entertainment center. It is a reasonable distance from any licensed alcohol business, close to the YMCA and Boys and Girls Club. The Youth Entertainment Centers Ordinance directs that a police investigation into the character and fitness of each applicant be conducted before a license may be granted. Accordingly, the police department does not recommend a license be issued to Carrie or William Jass due the lengthy civil actions, arrest history and pending felony investigation. The actions of Carrie and William Jass bring into question their character and fitness to run a business and be a positive role model for youth. Dear Councilmember Brunner, My wife and I would like to open a non-alcoholic nightclub here in Janesville. As you know under Janesville WI City Ordinance Chapter 5.14, we require to have a Youth Entertainment Center License to open even though our target age group will be 16-20. I have enclosed a copy of our business plan for you to look over so that you may get a better understanding of what we want to do. Please know that we really truly believe that Janesville’s young adult are in desperate need for something to do in town and we feel that our club would be perfect. We understand that you may have the same concerns as we have thought through. We have thought long and hard on what problems could arise and how to prevent them. All of that information is in our business plan that we have attached and that is why we are sending you the business plan so you can see that we have thought this through and have considered every aspect of our business. First I would like to express that safety is our number one priority. With that being said, please know that we want every customer to feel safe and have a good time at our club. To ensure the safety of our customers and to make sure that there is no violence, drugs or alcohol on our premises, we will have professional security at all times while the business is open. We plan on hiring off duty police officers to work security and we will work closely with Janesville Police Department on crowd control and how to prevent problems from happening. The club will have a zero tolerance policy that will be posted at front door. Meaning we will not put up with any type of gangs, drugs or alcohol. We will conduct weekly meetings with security and our employees on what to watch for and crowd control. I understand that you might be a little bit concerned about fights, gangs, teens and young adult running wild. We can assure you that none of this will be tolerated at our business. We feel that by having a place for teens and young adults to go, we can help keep them off the streets, and getting into trouble. They will get to go to a cool place, enjoy a specialty non-alcoholic drink, order some food, dance to there favorite music and hang with their friends. Our intentions are to give them a place like this. I think the teens and young adults will appreciate having their own place and I feel they will respect it. We will be sure to announce on an hourly basis the important of obeying our rules so that we can have a place for them to go. We have looked for other places like our club in surrounding areas. We have found several on the internet. There is a traveling club called Night Storm that is in Madison once a month at the Alliant Energy Center. There has never been any troubles there what so ever. You can view there website at www.nightstorm.com . There is also a place in Naperville IL. Called Zero Gravity. www.zerogravity .com. They also run very successfully with out any troubles. The other thing I would like to address with you is the location. We would like to open in the old Town and Country at 18 - 24 S. River St. From looking in the paper and hearing stories I know that there have been many problems at this location. I would like to express to you that in know way, shape or form are we affiliated with any of the past people that have had a business in this location. We are not related and we don’t know any of the past business owners that have had a business in this location. We are coming into this location for the first time and only just recently have considered this location. We feel the location is perfect due to it being downtown. It appears that all of the problems in this location have been alcohol related. It is time for a change in this location and that is why our non-alcohol nightclub is perfect. In closing I would like to thank you for taking the time to look at our business plan. Your advice an opinion means a lot to us. I look forward to working with you and the City of Janesville in the near future. If you have any questions, please feel free to contact me at 608-201-8352 Sincerely Bill & Carrie Jass Mojo’s CBM Ventures LLC Janesville, WI Contact Information Carrie & Bill Jass 18 S River St Janesville WI 53545 Phone: 608-201-8352 Fax: 608-756-0844 Email: billj@rockmojo.com This document contains confidential information. It is disclosed to you for informational purposes only. Its contents shall remain the property of Mojo’s /CBM Ventures LLC and shall be returned to Mojo’s/ CBM Ventures LLC when requested. This is a business plan and does not imply an offering of securities Executive Summary Mojo’s is Janesville premier under 21 night club, live music venue and entertainment complex. Mojo’s is 4800sq feet of pure energy, featuring the only Oxygen Bar in the state of Wisconsin. Enjoy a specialty beverage at our beverage bar that serves a wide verity of non- alcohol specialty drinks, soda, and bottle water. Experience the raw sound pumping through you while Mojo’s award winning light show goes on all around you with snow machine, fog and confetti effects through out the night. Mojo’s is open Thursday - Saturday 4:00pm-1:00am. Every night that we are open you can come enjoy many drink specials, as well as many theme night and other spontaneous specials that will keep the crowd coming back for more. Mojo’s offers elite VIP service in our VIP Party Room Rental area and VIP Booths. Indulge in non-alcoholic bottle service and waitress service in multiple couch and table sections of the VIP area, specializing in Sweet 16 and Super 18 parties. Mojo’s is the ultimate place to celebrate your special evening. Mojo’s is the hottest under 21 night club in Southern Wisconsin. Some of the great entertainment will be, lighted dance floor with elevated DJ booth that plays top 40’s music, stage for live performances such as local up and coming bands, and on TV reality celebrities such as the Jersey Shore cast. Mojo’s will also have contest such as dance contest, karaoke contest, battle of the bands, and many more. Mojo’s will be the place to be for all young people in Rock County and surround counties. The high energy stylish décor, fantastic sound and light show will keep the customers coming back for more. Some of the additional entertainment will be performing bottle flipping beverage servers, the Mojo theme girls, and entertaining staff. Mojo’s offers: The time of your life! VIP Party Room Rental Airbrushing body art Foam Dance Party Theme Nights Temporary Tattoos Game Room Area with Pool Tables Star Guest Appearances Mojo’s is the place to be to get your mojo on!! Product Description Mojo’s will operate in a 4800sqf newly renovated commercial building in the heart of Janesville WI. The prime location is located in the downtown area of Janesville WI. Mojo’s will be an upbeat, high energy, fun place for our target market ages 16-20 years of age to go. Mojo’s will offer an array of specialty non-alcoholic beverages, a full menu and an oxygen bar. Mojo’s will also specialize in VIP Parties such as; Sweet 16, Super 18, and Graduation. The VIP Party Room area will offer specialty security, beverage service, themed décor, etc. The VIP Party Rooms will make anyone feel like a star on their special night. Our beverage servers will also entertain our customers by showing off their amazing skills of bottle flipping and juggling while mixing up one of our specialty drinks. The Mojo Girls (6-girls as club mascot models) will encourage people to dance by performing the Mojo dance routine through out the night and encouraging customers to join in the great dance. The Mojo girls will also promote the club at all times in and outside of the club. Some of the events that the Mojo Girls will make appearances at are, charity events for our community, seasonal and holiday events through out the city. With a fabulous light show, awesome dance floor, a rockin DJ, the Mojo Girls, and entertaining beverage servers, Mojo’s will be the hottest place to be in all of Rock County. Our secondary target market for Mojo’s: The Oxygen Bar patrons Party Rentals patrons Club Rental patrons Future developments: Open more hours Portable Oxygen Bar party rental Larger Menu Selection More locations A strong emphasis will be placed on involving the employees in the entrepreneurial process of operating the business. All employees will be involved in hands-on learning to develop business skills, including marketing, public relations, day to day management of a business, dealing with personnel issues, and other various responsibilities involved in managing a small business. Some of the great things Mojo’s will offer to its customers are; Great Friendly Service. All Mojo’s employees will have an understanding on how important it is to make sure all customers are happy at all times while there at Mojo’s. There jobs will entitle, trick, flashy beverage serving, Flashy Dance routines, Karaoke sing techniques. Airbrush Body art. Have your favorite designed airbrushed on. Stays for up to 2weeks. Foam Dance party Come dance and have fun in our foam, bubble filled dance floor. Oxygen Bar. The Oxygen Bar employs modern oxygen concentrators that provide up to 95% oxygen with 16 different aromas for fun. Every one gets a disposable nose piece to keep as a souvenir to show they are a member of the oxygen club. We are the largest mobile oxygen party bar business in Rock County with multiple oxygen party bars for rent and we are ready to meet . your party needs Breathing in non-medical, scented oxygen at an oxygen bar delivers 4 to 5 times the amount of oxygen present in normal air. The experience leaves customers feeling refreshed, full of energy and detoxified. Oxygen bars continue to gain in popularity worldwide. They've become a staple people pleaser at nightclubs, salons, fitness centers, malls, theme parks and airports. VIP Room Rentals. This area will be velvet roped off. Only people who rent the VIP area will be allowed back there. This area will have special VIP Security. Anyone can rent the VIP Room at anytime. The club will also be for rent during closed hours for all sorts of celebrations, graduation, birthday, engagement, etc. Each VIP Room will be decorated with crushed velvet coaches, end tables, TV screen, and small dance floor area. In addition, a beverage bar, small refrigerator, directs phone line to main beverage bar for service. VIP Booth Seating They are set up to be right in the middle of all the action. They are the best seats in the house. Customers can rent them for a special occasion or just to have the best seat in the house. Service Descriptions The key elements of the Nightclub's concept are as follows: 1. Entertainment and dance based themes -- The Company will focus on themes that have mass appeal. 2. Distinctive design features -- The Nightclub will be characterized by the elaborate dance club situated in a spectator setting which comfortably accommodates 300 guests. This room is intended for special events and daily use. A live DJ will coordinate the events and entertain the patrons with music and games during music breaks and off-times. 3. Location, location, location -- One of the major advantages that the Nightclub has, is it’s located in the heart of downtown Janesville’s. 4. Gaming -- The Nightclub will provide several interactive style video games and pool tables to provide for both additional entertainment and revenue. 5. Quality food -- All would be lost without special attention being paid to the level of food quality. A simple menu offering foods similar to those found at other bars/nightclubs. Traditional 'bar' appetizers will be on hand for people craving nachos, wings, or quesadillas while they drink a non-alcoholic beverage and enjoy themselves. 6. Exceptional service -- In order to reach and maintain a unique image of quality, the Nightclub will provide attentive and friendly service through a high ratio of service personnel to customers, and will also invest in the training and supervision of its employees. Mojo’s will offer the Nightclub for rent during closed hours to businesses, schools, Charities and customers. Mojo’s will support local charities by promoting monthly charity events, donating to local charities in addition to, letting local charities use our venue for special events. Mojo’s values its community and planes on giving back and supporting through local Charity's often. Current Business Position Mojo’s will be a family-owned business organized as a Limited Liability Company. The principal owners will be Bill and Carrie Jass. Carrie Jass will be the decision making partner while Bill Jass will be the manager partner who will run the day-to-day operation. The ownership will be 51% for Carrie Jass and 49% for Bill Jass. This organization will provide the owners the liability protections of a corporation and the flexibility and tax advantages of a partnership entity. Carrie & Bill know the importance of staying up on the latest business trends. They both know that it is very important to keep up on education for the changing world. That is why they will continue to educate themselves in the areas needed to keep their business successful. Bill & Carrie also know that they will definitely need young help to keep a young feel in the club and to stay up on the latest trends. That is why they plan on hiring experienced educated younger staff to help run the under 21 club. Security is the most important part of Mojo’s Bill & Carrie’s main priority is to have a safe environment for their customers at all times. Mojo’s will have a ZERO TOLERANCE Policy that will be strictly That is why enforced at all times. With that being said, they plan on having ample Security at all times. Carrie & Bill feel that the Security is the most important thing and the base of there business. Security will be the highest payout on Mojo’s payroll. Bill & Carrie will hire only professional well trained Security and off duty police officers to ensure Mojo’s is a safe place at all times. Bill, Carrie and the Security will have weekly meetings with all employees on new techniques and strategies on crowd control in addition to what to watch for with gangs, drugs, and alcohol. Security and Employees will be trained and work closely to make sure Mojo’s runs smoothly and to watch for; gang colors, drugs, and alcohol. None of these types of things are allowed at Mojo’s and the rules as well as the law will be strictly followed and enforced. This will insure that Mojo’s will be a drug/alcohol, gang free environment. For extra protection Mojo’s will also have 24 hour surveillance cameras around and throughout the club. The rules will be properly posted at the entrance of the club for all customers to see. Licensing & Permits Mojo’s will have all the proper licensing and insurance that is needed to operate the business. We will require our staff to be CPR Certified along with any other training that will be beneficial to run Mojo’s as smoothly and safe as possible. We will continue to improve our services that we offer by exploring existing or new markets. We will also achieve this by developing more efficient ways of delivering our services, such as acquiring new equipment or tools (sound and light systems), providing continuo's training for us and our staff. Mojo’s will also offer it’s facility to local youth groups for their monthly group event. We will offer our services and facility to all of our churches in town. They can have their special events right at Mojo’s. Wisconsin Health Department Regulations: At all times, Mojo’s will comply with the Wisconsin Department of Health regulations as they pertain to restaurants and bars. All managerial personnel have extensive experience in this area, making compliance inevitable. All OSHA standards for personnel safety will be observed at all times. An OSHA poster will be prominently displayed. Mojo’s will be an equal opportunity employer and will obey all workers’ compensation rules. Mojo’s will follow all City of Janesville and state rules for business. Mojo’s will work with the city to provide a safe place for teens to hang out. Mojo’s strongly believes in giving back to its community. Bill and Carrie plan to work with the local charities to help raise money for their needs. Follows is a list of personnel needed per shift: Beverage Server: Will be in charge of serving beverages, preparing food, and serving the oxygen to patrons. They will also be in charge of the VIP Rooms as well. Door Person: Will be in charge of collecting admission and coat check. Security: Will be in charge of crowd control DJ: Will be in charge of mixing music and getting the crowd going. Staff Structure with an active owner Assistant Manager Security Beverage Server Door Person DJ Mojo’s main priority is a safe environment for our patrons. Therefore, Mojos major employee expense will be on security. Mojos will have ample security at all times. Personal Information: Carrie & Bill Jass own there own home and are acting members of there community. They take part in there community and try to help in any way they can. Both Bill & Carrie have done charity work with Echo and donated their time to charity events as well as school rec- nights. Neither one of them has a criminal record nor have they ever been in trouble with the law. Bill has lived in Janesville his whole life. Bill is on the Janesville Leisure committee Board in Janesville. He feels it’s very important to listen to the community. Even Janesville’s young adults. He see’s that there is a great void and has listen to the Janesville’s age group of 16-20 year olds complaints of nothing to do. Bill has taken all these complaints very serious and he wants to provide a safe, fun atmosphere for Janesville young adults and late teens. Bill takes great pride in serving the City of Janesville and looks forward to moving forward in the Committee. Although Carrie isn’t from Janesville, she considers Janesville her home. She takes pride in her city and wants to help in anyway she can. Bill and Carrie are parents of a 15 year old daughter. With Mirisa(Carrie & Bill's Daughter) being a only child, they are used to having a house full of teens all the time. Mirisa's house is the house to go to. For several years now Carrie & Bill have had plenty of parties for their teen daughter due to the lack of things to do in Janesville. This has given their daughter Mirisa and her friends something to do instead of running the streets. This is how Carrie & Bill came up with Mojo’s Non-Alcoholic under 21 Nightclub. After repeatedly hearing Mirisa and her friends state how bored they are. Carrie & Bill have thought long and hard about the teens in Janesville not having anything to do and how that leads to trouble. That is when Bill & Carrie came up with Mojo’s. Carrie has 15 years of bartending and bar management experience. With her experience in dealing with people who have had too much to drink, bar fights etc, she feels that dealing with teens on a nightly basis will be a nice change and not as much trouble as it was dealing with people who are intoxicated. She has learned how to handle most problems that arise in night club atmosphere and she feels that her experience will come in handy on how to handle any problems that might happen. Carrie also loves kids. Being an experience mother, she has a great deal of patients and she feels that she has experience handling teens. Carrie also has training Certificates through the SBA in Small Business Training Network. Bill has been a truck driver for the same company for 18 years. His job responsibilities consist of delivering goods to many businesses in Janesville and surrounding areas. While making these deliveries Bill also does sales calls. He has excellent communications skills and has to make many decisions on his own on a day to day basis. Throughout the year at his employment he has received many leadership and safety awards in addition he is certified in CPR. He takes great pride in his job and enjoys it a great deal. Bill has training certificates through the SBA in Small Business Training Network. Carrie & Bill know the importance of staying up on the latest business trends. They both know that it is very important to keep up on education for the changing world. That is why they will continue to educate themselves in the areas needed to keep their business successful. Bill & Carrie also know that they will definitely need young help to keep a young feel in the club and to stay up on the latest trends. That is why they plan on hiring experienced educated younger staff to help run the under 21 club. Professional Consultants Mojo’s has retained the following: Attorney Fowler Law Firm Janesville WI Insurance Rural Mutual Insurance Beloit WI Accounting Henning Accounting Services Janesville WI. (All tax preparation and accounting services will be handled by a local accounting firm) Current Position and Business Objectives Mojo will have the following business objectives during its first three years of operation: 1. Become well established in Janesville by word of mouth and advertising. 2. Earn a profit in the first year. 3. Pay off lenders with in 30 months. 4. Create an atmosphere where all feel welcome, and all employees love to work. 5. Open multiple locations across the US and other parts of the World 6. To meet the needs of our target markets complaints of “nothing to do” Mojo's mission statement is as follows: "To serve the best product, give the best service, and offer a friendly atmosphere for our guests, while rewarding our employees." Mojos will teach this age group healthy socializing. They will learn that they don’t need to have alcohol to have a good time. This will help for when this age group turns 21 and they are legal drinking age. They will already have the tools they need to go into an alcohol establishment and not drink to have a good time. Business Opportunity The non-alcohol under 21 nightclub concepts is not a new one, but it is new to Janesville WI. This gives Mojo’s the unique opportunity to bring a new concept to a new market, but base it on existing and successful non-alcohol under 21 nightclubs. According to the US Census, in the USA there are approximately 73,000,000 people under the age of 18 years old. As this age group gets closer to the age of 18 years of age, there entertainment is limited. This leads to trouble. Some teens turn to drinking, drugs and getting into trouble. Mojo’s will offer this age group a place that they can go hang out with their friends and have a healthy good time. 18 to 20 year olds are in that stage of life where they are an adult but are not of drinking age yet. We feel that these people tend to go out to home parties, drink alcohol, and get fake ID’s so they can go to bars or nightclubs. Mojo’s will be an alternative for this age group as well. Mojo’s will show this age group that they can have a good time and they don’t have to have alcohol to do so. This will give this age group the stepping stones and the education that alcohol doesn’t equal a good time. There are a total of 60,463 residents in Janesville WI. In Rock County there are an estimated 160,213 people. The US Census states, there are: Approximately 38,400 people under the age of 18 in Rock County (R-CTY) Approximately 14,000 people under the age of 18 years of age in the city of Janesville (JVL). Janesville is in desperate need for this type of entertainment. The Teens/Young Adults have a handful of things that they can do in town at this time such as: Bowling ~ Max time of entertainment approx. 2hrs Movies ~ Max time of entertainment approx. 2.5hrs Pipe Skate Park ~ Max time of entertainment approx. 2hrs all Most of these types of entertainment only offer a short time of entertainment and they only focused on one type of entertainment. If the teen doesn’t skate board, or bowl, then they have nothing to do. Janesville’s young adults are in desperate need for a place they can go dance, socialize with their friends and have a safe good time. Mojo’s will fill this void and give Janesville and surrounding towns a fun, safe place for teens/young adults to be. This is going to help keep the teens off the street and in a safe environment that specialize in their type of entertainment. Having no direct competition, Mojo’s anticipates popularity with local teens/young adult population. We will aim to give bored Southern Wisconsin area teens & young adults another choice of where to go when they’re tired of seeing movies and walking around the mall or cruising Milton Ave “the strip”. 2,656 There are approximately customers in the three public high schools in Janesville WI (this doesn't include private, charter, or home schooled teens in Janesville or Rock County). List of Public Schools Parker High School - 1697 Total Student 75% 1272. fall into our target age group for a total of raig High School C - 1846 Total Students 75% 1384 . fall into our target age group for a total of UW Rock County Collage Janesville WI. Total Students 1046 50% 523 are in our target age group total of Middle School & High School 9 th Grade Future Customers: Edison Middle School 790 Total Students Franklin Middle School 688 Total Students Marshall Middle School 965 Total Students Total 9th graders in public school 872 Total Students According to the US Census, there were 60,463 residents in Janesville WI in 2005 and a total of 160,213 people in Rock County (estimated in 2008). The US Census states, there are approximately 38,400 people under 18 in Rock County. 24.5% of 160,213 people in Rock County/Janesville In Rock County 6.7% for a total of 11,000 people under 5years old This estimate is only based on the city of Janesville. This doesn't include surrounding towns or cities. We feel the surrounding city target market will venture to our nightclub due to the fact that we are the only under 21 non-alcohol night club in southern Wisconsin. Competitive Comparison Mojo’s considers any goods or services that our target market ages 16 to 20 year olds would rather spend their money on for entertainment purposes as our competition. At the same time, Mojo’s also feels that we have no direct competition because no type of nightclub that caters to our target market (teens ages 16-20) is currently operation in our area. Our indirect competitors consist of the following: Several movie theaters, The Pipe, Ice Skating Rink, and any "free" hangout spots such as parking lots, parks or cruising Milton Ave “the strip” within our target radius. Mediamark Research Inc. conducted a survey on teen spending on entertainment and leisure. The teens reported that, in the past 90 days, 85 percent of them attended a movie in the following time frame: 8 percent attended once a week 25 percent attended 2-3 times a month 23 percent attended once a month 28 percent attended less than once a month If this sample holds true, then Mojo’s would suffer little competition from the movie theater because only a small percentage of kids attend the movies on a regular basis because of the general lack of entertainment options that movie theaters supply. Mojo’s competitive advantage will be providing more entertainment options for a longer period of time. Mojo’s customers can dance to base-thumping dance music, watch the hottest videos on several monitors throughout the building, play the latest video games, or just sit and socialize with their friends. City of Janesville Leisure Committee holds a monthly school rec-night dances for the local teens. These dances only occur once a month during the school year. City of Janesville Leisure Committee holds no summer rec-nights. However, Mojo’s will contact the Leisure Committee to see if they would like to hold their monthly dance at Mojo’s. This way they will have no overhead and Mojo’s will be able to maintain revenue. Mojo’s plans to institute the following new concepts and ideas in which to retain the customers that it has: Talent shows Battle of the local high school bands competitions Cheerleading competitions Performances by local teen bands Promotions and contests for gift certificates and makeovers As for the "free" hangout spots, Mojo’s will have a hard time competing with them since Mojo’s will charge an entrance fee. However, Mojo’s can strive to make its establishment "the" place to be and thus making it the place to be seen. By implementing the above advertising campaigns, Mojo’s will let its customers know that it's a great place to socialize with friends and also they will have great music playing in the background. The Industry, Competition and Market During the past ten years, a new concept has been blazing the trails. Non-alcoholic nightclubs have been popping up throughout the United States, as well as in other parts of the world. The majority of these nightclubs cater to teenagers by giving them a high-energy place where they can socialize and dance to the hottest top 40's hits. In some locations such as Janesville WI, these clubs constitute the only entertainment for this age group. Avon Beloit Bradford Brodhead Edgerton Evansville Footville Fulton Janesville La Prairie Magnolia Newark Orfordville Porter South Beloit Turtle Whitewater After witnessing with our own eye the boredom of this age group, we know that Mojo’s is desperately needed. We sat a few weeks on the busy nights (Thursday, Friday, and Saturday) on the “STRIP” Milton Avenue at a turn that only the people that our cursing the strip go to. This way we would know for sure that the cars that were coming through were our target market. The first night, we counted in a 45 minute over 130 cars. Each car had an average of 3 people for a total of 390 people. We then went to another local hang out “Wal-Mart” Teens and young adults are hanging out in Janesville’s Wal-Mart. When we interviewed the young adults, we found that some of them were from surrounding towns and they come all the way to Janesville because of boredom. The Wal-Mart count was 15 minutes 99 people and another time 30 minutes 163 people. Below is our Field Research Report. We interviewed some worker at Wal-Mart as well. The works state that they have tons of teens and young adults on a nightly basis just loitering in Wal-Mart. The Manager escorts an average of 100 plus loitering young adults out nightly. This doesn’t include the young adults they miss. We also witnessed most of the teens / young adults buy something on there way out such as soda, chips, gum and candy. Field Research Results: Week 1 Place Time Count Day 1: Wal-Mart 30 min. 99 People Milton Ave 45min 390People Day 2: Wal-Mart 30min 163 People Milton Ave 15min 200 People Day 3: Wal-Mart 15min 74People Week 2 Place Time Count Day 1: Wal-Mart 20min 80 People Milton Ave 30 min 300People Day 2: Wal-Mart 15 min 98People Milton Ave 60min 450People Day 3: Wal-Mart 45min 144People Milton Ave 15min 167People Week 3 Place Time Count Day 1: Wal-mart 20min 92 People Milton Ave 45min 390People Day 2: Wal-Mart 35min 175People Milton Ave 30min 160People Day 3: Wal-Mart 45min 105People Milton Ave 15min 200pp From our research we know that Mojo’s will be very successful and is desperately needed in Janesville. Our Field Research results clearly show that our target market is hanging out where ever they can. It is very clear to us that if they had a place to go like Mojo’s they would go. Our results also show that they would rather go to these places instead of our in- direct competition due to the lack of entertainment our in-direct competition offers. Mojo’s will be the place for the field research market to go and hang out with there friends. In our Field Research we interviewed many of these young adults. They stated that they don’t skateboard or ice skate so they wont go to the skateboard park or ice arena. Some stated they have seen all the movies that they want to see already and they don’t like to bowl. We then asked them what they thought about Mojo’s. They were very excited and asked when it will open. They then stated that the reason they liked Mojo’s concept is because they can sit socialize with friends, dance to there favorite song and play games. Research and Development According to a recent study, Teens Financially Independent: By First Coinstar, teens spend at least $264 each month. The survey of 500 12 - 17 year-olds found that today's youngsters have achieved a certain level of financial independence, and are spending substantially more than they are saving. The research shows that today's teens have access to a number of money sources, which help fund their spending on everything from clothing to entertainment to cell phones. Overall, teens report spending at least $264 per month, with job income outranking parents and monetary gifts as the top source for their discretionary funds. In addition, many teens accumulate spare change and use it to supplement their spending budgets. Teen spending estimated to top $190 billion by 2006 Chicago, IL, November 12, 2004 -- According to a new report from Mintel on teen $175 billion in 2003 consumers, teen spending was valued at and is on the rise. The age 12 to 17, $190 billion by estimated spending power of teens, those is expected to top 2006 , a figure that surpasses the gross domestic product of many $100 billion Countries in the world. In addition, families with teens spent on them with 12 to 17 year olds$128.5 billion in 2006. projected spending for as Teen spending estimated to top $190 billion by 2006 Chicago, IL, November 12, 2004 -- According to a new report from Mintel on teen teen spending was valued at $175billion in 2003 consumers, and is on the rise. The estimated spending power of teens, that age 12 to 17, is expected to top $190 billion by 2006, a figure that surpasses the gross domestic product of many Countries in the world. In addition, families with teens spent $100 billion on them with 12 to 17 year$128.5 billion in 2006. projected spending for olds as Teens represent the first significant demographic change in the past decade. Not since the Baby Boom's teenage years has this age group been so large. 2004, teens constitute 8.5% Twenty-five million strong in of the total US population in 2004. By 2010, teens are projected to comprise 10% of the US population Keys to Success There are several keys to Mojo's success: 1. Strong management team - Key individuals must have strong hiring, training, management, and operating experience and skills. 2. Quality product- The food and beverage and its preparations must be of high quality. 3. Consistent Service - Every customer should have an identical experience each time he/she visits Mojo’s 4. Tight cost controls - Mojo’s must run a "tight ship" Unnecessary or excess inventory can lead to unnecessary cash requirements. 5. Immediate market penetration. 6. Offer the best and friendliest service. Industry Definition Although Under 21 Non-alcoholic Nightclubs are a new concept, there are many that are open and very successful in major cities across the US such as: Nightstorm. Com This is a traveling nightclub that is in Madison at the Alliant Energy Center about once a month. Zero Gravity Chicago IL www.zerogravityclub.com Club Frozen Las Vegas http://www.clubfrozen75.com/index.html Club Inferno Detroit MI www.infernoteenclub.com UV Nightclub Albuquerque, NM www.uvnightclub.com Boston 18 Plus Nightclub Boston MA. www.18plusnightclub.com Tabu Ultra lounge Nightclub Saugus MA www.tabuultralounge.com H2O Nightclub Maryland www.ocbeachweek.com Club Zoo Pittsburgh PA www.clubzone.com Club FX Mooresville NC www.clubfx.com Products Mojo’s will bring an array of specialty non-alcoholic drinks and specialty coffees as well as a fabulous food Menu that will appeal to our target market ages 16-20 years old. Mojo’s will also offer specialty desserts such as fondue, chocolate fountains as well as our special deep fried desserts such as; deep fried twinkies, deep fried snickers bars, deep fried cookie dough. Mojo’s will specialize in a delicious assortment of smoothies as well. In addition, Mojo’s will offer a full Oxygen Bar, Party Room Rental, VIP Rental. All food and beverages shall be obtained from local suppliers. Mojo’s will maintain around $2,000 in inventory at all times to meet customer demands. Example Inventory List: Soda Energy Drinks Drink Syrup Juices Ice Cream Slushie Mix Coffee Coffee Flavors Fruit Milk Cream Pickle spears Specialty Soda’s Whip Cream Chicken Strips Hamburger patties Deep fried foods Buns & Bread Condiments Straws Napkins Disposable Drink Cups Seasonings/Sugar Product Overview Mojo’s will have a large verity of specialty drinks, smoothies and coffees. We will also offer a menu mix sure to satisfy every customer. Below is a preliminary draft of Mojo’s Menu. Mojo’s Drink Menu Smoothies $4.50 Mojo Berry Triple Berry Strawberry Banana Strawberry Tropical Mango Everything Berry Pineapple, Strawberry Banana Peanut Butter Banana Pineapple Banana Shakes $3.75 Chocolate Vanilla Strawberry Chocolate Chip Mint Chocolate Chip Cookies & Cream Heath Bar Peppermint Mocha Specialty Drinks $4.25 Almond Joy Apple Pie In A Glass Afterglow Hawaiian Surf Elephant Charger Mojo Colada Mojo on the Beach Strawberry Colada Virgin Mary Sugar Kick Pineapple Sunrise Free Woody Fuzzy Noel Raspberry Daiquiri Bloody Orange Shark Bite $5.50 Soda*Juice*Coffee Grays Cream Soda Grays Root Beer Grays Strawberry..........................1.75 Orange Juice.........1.25 Lemonade..........1.25 Cranberry Juice................1.25 Pineapple Juice.....1.25 Cranberry Juice.....1.25 Cherry Pepsi or Kiddy cocktail.......................1.50 Mountain Dew Freeze.........1.50 Coke Freeze.......1.50 Coke cola Products Pepsi Products Root beer Float Coke Float 16oz Fountain Soda (Pepsi, Diet Pepsi, Mountain Dew, Mug Root Beer, Orange Slice, Dr. Pepper, Sierra Mist)........................1.25 Energy Drinks $2.25 Cappuccino (French vanilla, Mocha, or Hazelnut)......................1.00 Hot Cocoa...................1.00 Coffee.......Small .25 Large .50 Dessert Menu Deep Fried Twinkie $3.50 Served with strawberry or triple berries Whip Cream Deep Fried Snickers bar $2.25 Deep Fried Cookie Dough $2.25 Hot Fudge Sundae $2.00 Strawberry Sundae $2.00 Turtle Sundae $2.50 Ice Cream Cone $1.25 APPETIZERS French fries .......................................1.25 Mushrooms....................................2.50 Nachos...........................................1.75 Seasoned fries..............................................1.25 Onion Straws or rings.................2.25 Cheese Curds.........................................2.50 Pretzels...........................................1.50 Cheese garlic bread.....................................2.25 Cup of cheese.................................................75 Jalapeno poppers.......................................6.00 Mozzarella sticks..........................................3.50 Taquitos........................................4.50 Jalapeno poppers with cream cheese.......4.00 Wings and Things Sampler---onion rings Mushrooms, French fries, chicken wings, Jalapeno poppers with cream cheese.......4.00 Sauces: BBQ, honey mustard, ketchup, marinara, mayo, mustard, ranch, salsa, sour cream, Sweet and sour. BASKET MEALS (All basket meals served with potato chips and sauces) Hamburger......................................3.50 Chili dog........................................2.25 Cheeseburger.................................4.00 Fish Sandwich............................3.50 Brat....................................................2.25 Grilled cheese.............................2.50 Breaded Chicken sandwich..........2.75 Grilled Ham and Cheese............3.50 Chicken O's....................................3.25 Hot Dog......................................1.75 Chicken Strips...............................5.25 Mini Corn Dogs.........................3.50 Chicken Wings ( 7 wings).............4.75 1/2 order....................1.75 Buffalo Wings (6 wings)...............4.00 Shrimp.........................................4.75 Rib Eye Sandwich.....................................4.25 Grilled Chicken Breast...................4.00 ADD SODA.............1.25 ADD BACON............75 CUP OF CHEESE...........75 PIZZAS 14 inch plain cheese.......................10.50 9 inch plain cheese.........................6.50 7 inch plain cheese.........................4.50 Toppings: Sausage, Pepperoni, Mushroom, Peppers, Onion .75 cents each for 14 inch .50 Each for 9 and 7 inch Special order pizzas at no extra charge (1/2 and 1/2, etc) Suppliers and Inventory All food and supplies inventory shall be obtained from local suppliers. Mojo’s shall maintain an average $2,000.00 inventory on hand at all times. Based on industry information and the menu mix planned by Mojo’s this amount will provide the necessary" cushion” to meet . customer demands Inventory shall consist of: food supplies non-alcohol drinks mixes coffee supplies soda And club supplies. Below is contact information for Mojo’s suppliers: Holiday Wholesale Wisconsin Dells WI Sysco Foods Baraboo WI Gray's Brewing Distribution Janesville WI Pepsi-Cola Bottling Company Rockford IL. Coca- Cola Bottling Company Windsor WI. Many other food and beverage distributors serve the Janesville Market. Periodically, Mojo’s shall compare prices and re-negotiate contracts to ensure it is receiving the best pricing possible. Community Development Department Memorandum December 2, 2010 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Final CSM 10015-C, Evoniks Goldschmidt Corp., 3 lots on Rockport Road/Palm Street. SUMMARY Eric Thoresen, Engineering Manager for Evoniks Goldschmidt Corporation, has requested the approval of a 28.55 acre survey to assemble multiple lots and parcels of land into a 3-lot CSM. The property is currently developed with the Goldschmidt Chemical, an industrial use, situated along the Rock River. The site includes a number of lots and parcels of land that have been assembled over time, including recently vacated public right-of-way associated with Mill, South Palm and Riverside Street. The survey will consolidate the multiple parcels of land under the applicant’s ownership and dedicate a variety of utility easements necessary on the site. The survey area is bisected by two railroad lines that require the creation of three separate lots for the survey area. The subject property is zoned M2, General Industrial District. DEPARTMENT RECOMMENDATION The Community Development Department recommends that the City Council support a motion to approve Final CSM 10015-C subject to the following conditions: 1. The applicant must record quit claim deeds to execute the conveyance of City- owned property to Evoniks prior to the recording of the CSM. 2. Payment of any outstanding special assessments including taxes owed (the applicant should contact the City Clerk’s Office regarding this item). CITY MANAGER RECOMMENDATION The City Manager recommends approval subject to the conditions outlined by Community Development. ANALYSIS A. The proposed lots comply with the Zoning and Subdivision Ordinance requirements. B. On April 12, 2010, City Council approved a resolution to vacate portions of undeveloped Riverside Street, Mill Street, South Pine Street and South Walnut Street. City Council also approved a resolution declaring two city-owned parcels as surplus and authorized their conveyance to Evoniks Goldschmidt Corporation. The subject land areas resulting from the street vacation and conveyance of surplus parcels are incorporated into the CSM. C. The survey reflects existing easements located on the property and dedicates a variety of additional easements in areas where underground sanitary, storm and water mains currently exist and drainageways are located. In addition, standard utility easements as requested by those companies having rights to serve the area have been placed on the survey. D. The subject property adjoins the Rock River and considerable portions of the site are located within the flood plain. A note has been added to the survey indicating that lands within the flood plain zone districts are subject to development restrictions as provided for in the City’s flood plain zoning ordinance. E. The survey is exempt from land division assessments as required under current city policy. F. The City’s bike and pedestrian trail extends across the South Palm Street, Rockport Road and Afton Road frontage of the property. The City’s sidewalk plan delineates the existing trail facility therefore sidewalks are not proposed along those street frontages. A note has also been added to the survey referencing the existing bike trail facility. G. The applicant should contact the City Clerk’s Office regarding any outstanding taxes, special assessments, or other fees which must be paid. PLAN COMMISSION ACTION – NOVEMBER 1, 2010 The Plan Commission unanimously agreed to forward Final CSM 10015-C to the City Council with a favorable recommendation subject to the conditions listed in Section I. cc: Duane Cherek α½µ 窻® q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛ Ü¿¬»æ çñîðñïð ͽ¿´»æ ïþã éððù Ó¿° ݱ±®¼·²¿¬»æ ÖñÕóïí ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ÝÍÓ ïððïëóÝ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæЮ±¶»½¬Äд¿²²·²¹ÄÍ«®ª»§Ó¿°ÄÍ«®ª»§Ó¿°îðïðÄÖñÕÁÝÍÓóïððïëóÝ DEPARTMENT OF PUBLIC WORKS MEMORANDUM 13 December 2010 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: PUBLIC HEARING AND ACTION ON A PROPOSED FINAL RESOLUTION FOR ASSESSABLE WATERMAIN ON STH 11 (FILE RES. NO. 2010-759) Exective Summary u On November 22, the Council approved Preliminary Resolution No. 2010-758 expressing their intent to assess the watermain extension on STH 11 and allow for commencement of construction in November to serve the Home Health United project. This Final Resolution levies special assessments related to a 12” water main extension along the south right-of-way for STH 11 between S. Wright Road and Wuthering Hills Drive. This water distribution system loop will connect two dead-end mains and provide better reliability to system users in the surrounding area, including the new Dean Clinic and St. Mary’s Hospital which is scheduled for occupancy in late 2011. Upon adoption of Final Resolution 2010-759, the City declares its intent to assess four (4) abutting privately owned properties benefitting from the new watermain extension. In reviewing the water distribution system, Utility and Engineering staff have determined there is no need for double mains on this stretch of STH 11, resulting in a 50% savings to abutting property owners. City Manager’s Recommendation The City Manager recommends approval. Engineering Division Recommendation The Council adopted Preliminary Resolution 2010-758 at the November 22 meeting. Following the public hearing, the Engineering Division recommends adoption of Final Resolution No. 2010-759 to assess the watermain along STH 11 from S. Wright Road to Wuthering Hills Drive. Recommended Motion I move to approve Final Resolution 2010-759 to assess the watermain along STH 11 from S. Wright Road to Wuthering Hills Drive. Background Two (2) parcels on the south side of STH 11owned by Sara Investments have already signed a TIF development agreement and agreed to pay for the watermain costs abutting their frontage. The City Council adopted Resolution 2010-753 on November 22 authorizing the City Manager to execute the TIF agreement with Sara Investments. This watermain extension provides service to the Home Health United Project at the southeast corner of STH 11 and S. Wright Road. In addition, TIF will be paying costs for the undeveloped City owned parcel on the north side of STH 11. All special assessment rates for this schedule are final rates computed using costs obtained in watermain contract 2010-6 and the work has been added by change order to complete the installation of the STH 11 watermain between Wright Road and Wuthering Hills Drive. Installation of the watermain in this manner allows the City to complete this improvement in an expeditious and cost effective manner, in time to provide service to the Home Health United development by its projected opening in early 2011 as well as providing improved water service reliability to the STH 11 business area prior to the opening of the Dean/St. Mary Health Care Center projected for the fall of 2011. Attachments: - Report on Proposed Special Assessments for Public Improvements - Final Resolution - Location Map cc: Eric Levitt Jacob Winzenz Carl Weber STH 11 ASSESSABLE WATERMAIN 13 DEC 2010 RESOLUTION NO. 2010-759 PAGE (1) OF (4) FINAL RESOLUTION FINAL RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS UNDER SECTION 66.0703, WISCONSIN STATUTES AND REQUIRING INSTALLATION OF WATER, SEWER, AND GAS SERVICE PIPES AND PROVIDING FOR ASSESSMENT OF COSTS UNDER SECTION 66.0911, WISCONSIN STATUTES; RESOLVED, By the Common Council of the City of Janesville, Wisconsin. 1. The Common Council hereby declares its intention to exercise its power pursuant to S.66.0703 and S.66.0911, Laws of the State of Wisconsin, to levy special assessments on a reasonable basis upon property abutting the following described streets, pursuant to its police powers, by improvement of the said streets to further facilitate traffic flow and safety, and to assist in providing for the safety, health, and general welfare of the public, to-wit: I. WATER MAIN ONLY All Property Fronting Upon Each Side Of From To STH 11 S. Wright Road Wuthering Hills Drive 2. Said public improvements shall include the above listed improvements on the various listed streets to the grades established therefore by the City Council of the City of Janesville, Wisconsin, and recorded in the Office of the City Clerk whether previously established or established in the future. 3. The property against which the assessments are proposed shall be benefited by the improvements and said assessments shall be made upon a reasonable basis. 4. That the actual levy of the special assessment shall take place at the time of the adoption of the final public works resolution by the Common Council of the City of Janesville concerning these improvements. The property owner(s), if any property abutting and/or benefiting from this project is located in Rock Township, against whose property such special assessment shall be levied under and by this Resolution, shall have their payment obligation deferred, without interest accruing thereon, until such time as their specific property is annexed or connects to such improvement(s), in which event the special assessment shall be due and payable either in full or in five (5) annual installment payments, the STH 11 ASSESSABLE WATERMAIN 13 DEC 2010 RESOLUTION NO. 2010-759 PAGE (1) OF (4) latter with interest accruing thereon from the date of annexation or connection. This method of payment shall be approved and ratified by the Board of the Town of Rock in accord with Section 66.0707 of the Wisconsin Statutes, and such other applicable provisions of law and intergovernmental agreement(s), and shall act, once so ratified by the Rock Town Board, as a levied special assessment against such abutting and/or benefiting properties in the Town of Rock. This levy and special assessment payment provisions are in accord with the City of Janesville/Town of Rock Cooperative Boundary Plan, City of Janesville Common Council Special Assessment Policy No. 63, related pertinent provisions, and the Town of Rock/Janesville Highway 11 Bypass Agreement. The special assessment levy and payments shall be made by the abutting, benefiting and affected property owners in accord with the LaPrairie and Rock Township City of Janesville Highway 11 Bypass Agreement, as well as the Rock/Janesville Cooperative Boundary Plan. This provision applies only to the properties located in the Town of Rock. 5. Excluding the assessment for the installation of sewer and water service pipes (lateral) and the assessment against any parcel owned by an individual property owner may be: (a) paid in cash upon completion of the work; or (b) paid with the taxes the first year following completion of the work; or (c) at the election of the property owner, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with the interest for November and December on the unpaid portion and shall be so entered in the Tax Roll. Each of the subsequent installments shall be entered in each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six (6%) per annum. The assessments against any parcel for sewer and water service pipes shall constitute a lien against such parcel and must be paid in cash or with the taxes in the year following the completion of the work. The assessments, as outlined above, pertain only to said individual property owners. The assessments against all parcels of land owned by others, which include subdividers, land developers, speculative builders, or owners of several or more lots on the same street or in the same area will be billed upon completion of the work after which interest at six percent (6%) per annum will be charged from the last day of the month of the billing. The assessments for said other owners may be: (a) paid in cash upon completion of the work in the month of billing without interest; or (b) paid with the taxes the first year following the completion of the work, the amount to be entered in the Tax Roll shall include the unpaid principal with interest through the end of December in the year so entered; or, (c) at the election of the property owner and with the approval of the Committee of Public Works, spread over a period of five (5) years with interest at six percent (6%) per annum on the unpaid balance. The first installment on the five-year plan shall include one-fifth of the principal with interest through the end of December in the year so entered. Each of the subsequent installments shall be entered on each of the annual tax rolls thereafter until all are collected. Deferred payment on the aforementioned installments shall bear interest at six percent (6%) per annum. 6. The City Engineer is directed to prepare a report consisting of: STH 11 ASSESSABLE WATERMAIN 13 DEC 2010 RESOLUTION NO. 2010-759 PAGE (1) OF (4) a. Final plans and specifications for said improvements, b. An estimate of the entire cost of the proposed improvements, c. A schedule of the proposed assessments, and d. A statement showing that the property against which the assessments are proposed is benefited, the improvement constituting an exercise of police powers. Upon completing such report, the City Engineer is directed to file a copy thereof in the City Clerk's Office for public inspection. The City Engineer is also directed to advertise for bids to carry out such work of such improvements in accordance with the report. 7. Upon receiving the report of the City Engineer, the Clerk is directed to give notice of a Public hearing on such report as specified in S.66.0703(7)(a), Wisconsin Statutes. The hearing shall be held at the Council Chambers in the Municipal Building at a time set by the Clerk, in accordance with S.66.0703(7)(a), Wisconsin Statutes. 8. The Common Council of the City of Janesville hereby approve and authorize the City Administration to take actions necessary to engage in the Project and to provide funding for capital improvements described in paragraph 1 above (the “Projects”) with funding not to exceed $260,000; No funds from sources other than the Notes or the Available Funds identified above are, or are expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the City for the project, except as permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the “official intent requirement” of Treasury Regulation Section 1.150-2 STH 11 ASSESSABLE WATERMAIN 13 DEC 2010 RESOLUTION NO. 2010-759 PAGE (1) OF (4) ADOPTED: MOTION BY: SECOND BY: APPROVED: COUNCILMEMBER AYE NAY PASS ABSENT BRUNNER Eric J. Levitt, City Manager McDONALD ATTEST: PERROTTO RASHKIN Jean Ann Wulf, City Clerk-Treasurer STEEBER TRUMAN APPROVED AS TO FORM: 11/23/10 VOSKUIL City Attorney Wald Klimczyk Proposed by: Engineering Division Prepared by: Engineering Division CITY MANAGER’S OFFICE MEMORANDUM December 8, 2010 TO: City Council FROM:Eric J. Levitt, City Manager SUBJECT: Presentation and possible action on proposed strategic marketing plan. Request A representative from Active Network will be in attendance to provide a presentation on the strategic marketing plan developed by Active Network. Staff will be looking for general direction from the Council on moving forward. Possible City Council Motion I move to authorize the City Manager move forward with the public space recycling program and vending machine program to initiate the strategic plan. Background During the budget study sessions there was discussion regarding the City looking into additional sources to generate revenue. Staff projected that this advertising concept would generate $100,000 in advertising revenues from entering into an agreement with The Active Network, Inc. The purpose of the agreement will be to have The Active rd Network, Inc. advise and assist in entering into advertising agreements with 3 party rd entities. The 3 party entities would advertise on City-owned assets.. The City would have the final determination in deciding if the advertisements are appropriate. At the first City Council meeting in February, the Council authorized with proceeding on the strategic marketing plan with Active Network. The strategic marketing plan has been completed and is being presented to City th Council on December 13. City Manager Recommendation Tonight the completed plan is being presented to the City Council. I am seeking authorization to begin initiating the plan. The two first partnerships proposed would be connected to the public recycling program which is consistent with the City Council’s sustainability initiatives. In addition, we would intend to review the vending contracts. Finally, we will be looking to provide connectivity to the program on our new website that we are creating. CC: Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services City of Janesville, WI Strategic Marketing Plan Presented by The Active Network, Inc. November 10, 2010 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN CITY OF JANESVILLE STRATEGIC MARKETING PLAN I. Introduction......................................................................................2 TABLE OF II. Program Background.......................................................................4 CONTENTS III. City of Janesville High Profile Assets...............................................8 IV. Revenue Generating Categories......................................................15 1. Public Space Recycling .......................................................17 2. Beverage & Snack................................................................20 3. Municipal Marketing Web page............................................28 4. Media Services.....................................................................31 A. Digital Outdoor Network......................................32 B. Backlit Panels, Banners, & Posters....................36 C. Vehicle Fleet Advertising....................................36 D. Building Interiors.................................................37 E. Facility & Event Signage.....................................37 5. Proud Partnership Program..................................................39 V. Proposed Next Steps.......................................................................44 Appendices Appendix A: Proposed Partnership Policy Appendix B: Media Services RFP Appendix C: Beverage & Snack Services RFP Appendix D: Public Space Recycling RFP Sample Appendix E: Aggregated Data 1 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN IINTRODUCTION . This document summarizes the municipal marketing recommendations of Active Network, Inc. (“Active”) for the City of Janesville, Wisconsin (“City”). The purpose of this document, the City of Janesville Strategic Marketing Plan (“Plan”), is to provide the basis for the City to implement a Corporate Sponsorship Program (“Program”). The objective of this Program will be to generate recurring, long term incremental revenues as well as savings on the purchases of goods and service by means of City partnerships with private enterprises. In preparing the recommendations contained in this document, the work proceeded as follows. The Active Network: developed an understanding of the policies, practices, priorities and existing contractual commitments of the City; identified the preliminary inventory of City high profile assets that will be of commercial appeal to corporate partners; translated our findings into an action plan for marketing those City assets that create value. This document describes Active’s appraisal of the scope of the available opportunities then recommends a plan for capitalizing on these opportunities by focusing on specific applications and the industries that specialize in them, and provides guidance for moving to the implementation phase of the program. In addition this Plan: features key assets that include City facilities, programs, and intellectual properties; incorporates recommendations for ways to develop a media marketing platform to deliver compelling messages to the public; this will allow the City to communicate with the community immediately, and much more efficiently and effectively; contains packages that are designed to be flexibly dynamic, so as to appeal to the greatest number of prospects with features and benefits to partners that address a wide range of marketing opportunities. This document details the Corporate Sponsorship Program that has resulted from Active’s efforts to identify important strategic partners that will provide incremental revenue sources for the City. Since our engagement, we have gained a solid understanding of City of Janesville’s business priorities. Further, we have identified inventory (City owned or managed assets) that may be used as incentives for partnership deals. We have also defined specific partnership opportunities. We have focused both on long-range strategic plans that will maximize the City of Janesville’s revenue opportunities, as well as on immediate strategic opportunities designed to create the first deal. The initial contracts will be critically 2 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN important because it will set the tone for those that follow. The key opportunity that will provide immediate implementation capability is the Municipal Marketing Web page that establishes a base tool upon which to build all marketing efforts. The success of this first deal and subsequent ones depends to a large extent upon the City of Janesville’s confirmation that the assets identified can be packaged and marketed to potential partners; closing deals with prospects will be contingent on City of Janesville making available and delivering such inventory as the partner prospect may request. The accuracy of the revenue opportunities provided in this Plan is dependent upon the resolution of this question. This document provides information about our marketing and research efforts over the past months: 1. We have prioritized the industry categories and the companies within those industries that should be approached about partnership opportunities with the City of Janesville. 2. We have identified the specific activities the City needs to undertake to identify and secure partners from prioritized industries and companies. 3. We have defined the City’s inventory and activation elements that we feel should be utilized as incentives in the initial partnership deals. The Active Network’s approach to partnership prospecting has been, and will be, to work in close conjunction with City of Janesville officials and staff to secure deals that enhance the public’s experience of use of City assets. This calls for programs that are appropriate for the City of Janesville’s stature and reputation as a forward thinking and responsive government organization, and for programs, which will generate significant immediate and long-term incremental revenue for the City. 3 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN IIPROGRAM BACKGROUND . On February 9, 2010 the City of Janesville and Active Network, Inc. entered into a consulting services agreement; these services include assisting the City to create and structure a Corporate Sponsorship Program (“Program”). It is the purpose of this Program to identify and pursue opportunities and strategies that will generate additional revenue, goods and services for the City over a specified period of time. The Program may include exclusive corporate partnerships, licensing and branding efforts, naming rights, and advertising in selected categories. In keeping with the Scope of Work outlined for the Plan, Active has reviewed and analyzed City assets, with the understanding that these assets might be applied to partnerships with selected private enterprises for the purpose of generating incremental revenue for the City. As part of this analysis, Active has completed the following tasks: Completed an analysis of key City assets, including facilities, programs, activities, events and available contracts, in order to identify potential opportunities for the Program. Developed a City of Janesville Policy Statement (proposed) to guide the work of the City during the Implementation Phase (see Appendix A). Developed a City of Janesville Strategic Marketing Plan including a comprehensive set of recommendations for the marketing of the available assets of the City based upon our analysis. These recommendations will be subject to review and approval by City Staff. Ultimately, this Plan should result in a series of approvals and a sequence of negotiations or Requests for Proposals (“RFPs”), which will be issued in order to provide specific offerings of rights and entitlements to prospective partner corporations for each category of interest to be marketed. As part of the initial step in preparing the City’s Strategic Marketing Plan Active conducted a review of the physical, social, and intellectual property assets of City of Janesville. The municipal marketing division of Active’s management and staff personally visited the major City facilities in order to gather necessary pertinent information as it relates to this marketing program. Active also reviewed appropriate existing contracts and policies, interviewed City staff, researched the City Web site, and collected relevant data via the Internet. Active conducted a “Blue Sky” or creative session for key City representatives, which included department directors or designated representatives. The purpose of this Blue Sky Session was to introduce Active, educate staff as to the purposes of the program, and to gather important information and ideas. Active’s management reviewed, analyzed and evaluated all the information that was gathered and is presenting their recommendations in this document along with the relevant data. 4 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN City Demographics Janesville, population 61,310, is the county seat of Rock County and the principal municipality of the Janesville, Wisconsin Metropolitan Statistical Area. The city is located on the Rock River in the rolling hills, rich fields and verdant woodlands of scenic south central Wisconsin. From the time of its early settlement, residents have been committed to excellence in commerce, education, recreation, and culture. The City’s long history of strong industry and economic success has helped turn the city into a major commercial and industrial center for the State- Line area. Janesville is recognized for is its abundance of beautiful parks and recreational areas and is known as "Wisconsin's Park Place" or "City of Parks". Handy boat launches, numerous ball fields, playgrounds, two public golf courses, tennis courts, over 2,300 acres of parkland and 25+ miles of paved bike trail are just some of the amenities enjoyed by Janesville residents. There is a great interest in and dedication to the preservation of the historic character of homes and buildings in Janesville, and approximately 20% of Wisconsin's buildings listed on the National Register of Historic Places are located here. A commitment to excellence in culture includes lectures, exhibits, musical and theatrical performances. Janesville's largest employer is the Mercy Health System, followed by the Janesville School District. Other major employers include SSI Technologies, Bourns Automotive, Lab Safety Supply, a Simmons Bedding Company factory Swing'n'Slide, (a subsidiary of Playcore, Inc.) Hufcor and Gray's Brewing. Regional employers include Blain's Farm and Fleet, and Woodman's Food Market. Marketing Objective and Strategies The objective of the Program is to generate incremental revenue through partnerships that are consistent with and appropriate for the City’s mission and vision and is acceptable to the community. The Program will generate revenues by negotiating contracts that generate fees to the City in exchange for access to City assets that can be used for mutually beneficial marketing purposes by selected partners. Active recognizes that the City of Janesville requires new sources of revenue to maintain services while averting tax increases and avoiding new debt. Ideally, the new revenue will be generated by discovering new ways of utilizing existing assets, without incurring additional expenses or investments, and without requiring traditional forms of government revenue derived from taxes, fees, or bond issues. We believe that the best new sources of revenue will have the following characteristics: The revenues generated will ideally be recurring sources of compensation, rather than just one-time payments with little or no growth potential. The sources for these revenues will preferably be long established and 5 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN stable corporations with a track record for fair dealings and consistent, timely payment of financial obligations. The revenues will be guaranteed, to the greatest extent possible. Since cost savings or avoidance, such as in-kind goods or services can also be seen as added revenue, Active will also try to identify ways for the City to reduce the expense of service and purchases. The revenue levels will be substantial enough to have positive public relations value. The City should establish contractual relationships with selected companies in a series of product and service categories that will generate revenue in exchange for the use or access to the City’s assets for a specified period of time in order to market their goods and services to their target customers. Once a sequence of categories is approved, the City will negotiate or issue RFPs in the selected categories or for the specified components of these categories in a deliberately calculated sequence. Recommendations for the sequence of categories to be followed will be discussed in the revenue generating section of this plan dealing with marketing Plan recommendations. Active has also provided background considerations necessary for review regarding each category under immediate consideration. City of Janesville's income from its partnership programs can be substantially increased by using advertising, promotion, and publicity efforts to increase public awareness of the amenities offered by the City. These marketing efforts will effectively serve to increase the City’s returns, and the appeal of its programs to prospective partners. And better yet, these marketing efforts can be completely paid for by the City’s use of just a fraction of the advertising, promotion, and other marketing resources that its partners put in place as part of their partnership/sponsorship programs. As a perfect example, consider the development of a Media Services infrastructure with the support of a selected partner in this business. Such a partner will readily agree to devote a significant fraction of its messaging opportunities to supporting City parks, programs, and event and promotional marketing. Other important communications programs may be developed by utilizing Web site, email and direct mail. The partnership programs and packages we have recommended are all designed to integrate community outreach and support marketing efforts of all available revenue generating resources. If there is a cooperative effort to use a City-wide messaging platform coupled with a high degree of continuity, then it is conceivable to increase revenues for major City programs anywhere from 15%- 25%. Implementation Work Plan The following are our recommendations for developing, implementing and administering Corporate Sponsorship Agreements: 1. Identify potential partnership opportunities through internal review of 6 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN assets or from third party interest and assess whether to proceed under the Plan. 2. Define scope of corporate sponsorships, including a description of the community need, financial goals and general marketing strategy and specification of assets to be included. 3. Refer and adhere to the City’s contracting policies, guidelines and procedures regarding the preparation, advertisement, and issuance of the solicitation document, review and evaluation of bids/proposals, and contract award. 4. Manage the implementation of each Corporate Sponsorship Agreement (“Agreement”) and conduct ongoing administration of the Agreement to ensure both parties adhere to the requirements of the contract. 7 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN III HIGH PROFILE ASSETS . In our preliminary discussions with City of Janesville management staff, we jointly identified the departments and facilities that promised the most valuable assets and information available for marketing purposes.The following priority assets are the ones that we believe represent the greatest opportunities for corporate sponsorships and marketing programs: Leisure Services 1. Vision: To provide a vibrant and comprehensive recreation environment where all people can participate in active and passive recreational opportunities which provide enjoyment, entertainment, stimulation and a sense of community pride. Mission: To provide, maintain and promote the development of space, facilities, organization, leadership and programs to meet the varied leisure needs of the community. The Leisure Services Department brings together the city divisions of Recreation, Parks, Senior Center, Golf Courses and the Ice Skating Center. To uphold the goal of promoting healthy, active lifestyles for all ages within the community, Leisure Services provides extensive opportunities for involvement in many fun activities, including concerts and events, special needs programs, swimming and adult and youth recreation programs.There are many different sports facilities and recreation locations available throughout the City’s parks. Parks Division a. The Parks Division (“Parks”) offers diverse opportunities with its 2,590 acre system which includes 57 improved parks. Janesville's parks are divided into categories that include four regional parks, seven community parks, 31 neighborhood parks, greenbelts and open spaces. The various parks provide an arboretum, beach, outdoor swimming pool, 15 tennis courts, six lighted softball fields, five sledding hills, ten miles of cross-country ski trails, over 25 miles of paved bike trails and 15 picnic pavilions. Regional Parks Janesville's large Regional Parks are designed to provide recreational opportunities to all local residents and those from surrounding communities. These parks have many things to offer including large playgrounds, and scenic nature trails. Rockport Park is an extensive 246 acres and features a truly unique playground, Peace Park Playground, which promotes peace and unity in the community by giving children a chance to learn about cultural diversity as they play. It was constructed by 2,500 community volunteers and $175,000 in donations. Unique features include a 8 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN two-story Native American teepee with reproduced Peace paintings inside by Janesville's own Gary Gandy and a Peace Pole and plaza. The peace pole is the world's tallest peace pole at 52 feet and was dedicated on May 28, 2005. Other popular features include a roller slide and spring teeter-totter. In addition, Rockport Park offers the city's most extensive cross-country skiing opportunities with over 6 miles of diverse trails. Riverside Park is located on a mile and half stretch of sweeping shoreline of the Rock River and has 164 acres. Janesville’s first large park became the jewel of the park system with winding roads, wooded groves, and nature trails. An 18-hole golf course occupies the upper level, picnic areas, playgrounds, and a wide variety of recreational facilities, occupy the scenic river frontage below. These recreation facilities include, baseball, basketball, sand court volleyball, fishing, softball, soccer, nature trail, play equipment, boating, shuffleboard courts, horseshoe pits, the Devil's Staircase section of the Ice Age Trail and a free wading pool. Palmer Park spans 164 acres and features a wading pool, a playground, sand court volleyball, nature trails, softball, tennis courts, a concession stand, picnic pavilions, and a pet exercise and training area. Northeast Regional Park is an 87 acre wooded park with beautiful open space and a Nature Trail. Community Parks Janesville is home to several large Community Parks. These parks are designed to serve residents within a radius of a few miles. The size of these excellent parks allows them the space to offer a wide variety of recreational opportunities to residents. Community Parks Special Features Bond Park Tennis, Basketball, Soccer, Softball, Play Equipment, Pavilion, Restrooms Kiwanis Community Park Playground Structure, Two Small Pavilions, Soccer, Softball Lustig Park Disc Golf, Fishing, Restrooms, Pavilion Monterey Park River Setting, Basketball, Fishing, Softball, Football, Paved Trail, Restrooms Optimist Community Park Hiking Trail, Prairie Remnants Traxler Park Horticulture Gardens, Boat Launches, Fishing, Sand Court Volleyball, Outdoor Hockey & Ice Rink, Play Equipment, Pavilions, Restrooms, Veterans Memorial Plaza, Holiday Light Display, Rock Aqua Jays 9 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Neighborhood Parks Janesville's numerous Neighborhood Parks are located throughout the city and are designed to service the individual neighborhoods in which they are located. Neighborhood Parks help to ensure that nearly all Janesville residents live within walking distance of at least one of their excellent park facilities. Neighborhood Parks Special Features Adams Park Ardon Park Sledding Hill Briarcrest Park Trail Burbank Park Open Space Claremont Park Courthouse Park Amphitheater Excalibur Park Soccer Fourth Ward Park Open Space Hampshire Park Ball Field Hawthorne Park Ball Field Holiday Park Basketball Hoop Huron Park Jefferson Park Ball Field Jeffris Park Stream and Field Loch Lomond Park Soccer, Ball Field Mandale Park Ball Field Marquette Park Open Space Nantucket Park Basketball Court Parker Park Pathway, flowers Peace Park Large Playground, Pavilion Pershing Park Prairie Park Ruger Park Rushmore Park Sherwood Park Open Space Southgate Park Valley Park Ball Field Vista Park Mature Woods Washington Park Waveland Park Ball Field Woodcrest Park Ball Field, Trail Zonta Park Bicycle Trails Janesville is in pursuit of connecting many neighborhoods with the Janesville segment of the Ice Age Trail via Bicycle Trails. More than 25 miles of paved trail have been constructed throughout the city. From Janesville the statewide Ice Age Trail, a thousand-mile footpath entirely within Wisconsin, will one day connect to the west with the Sugar River Bike Trail, north to Milton/Fort Atkinson and east to the Kettle Moraine State Forest. The Ice Age Trail Alliance works with local city government with the mission of shaping the Ice Age Trail into one of the premier hiking trails in the United States. 10 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Adopt-a-Trail TheAdopt-a-Trail program allows families, organizations and businesses to adopt a section of the bike trail and provide periodic maintenance. This program has been very successful and there are only a limited number of trail sections remaining to be adopted. Adopt-A-Park Adopt-A-Park is a similar program that permits groups and organizations to provide their time and talents to our parks. We welcome projects of any duration and encourage ongoing park commitments. Only about half of the parks are currently adopted. Dog Parks Paw Print Park is a fully fenced and double-gated 17- acre dog park with a separate section for small dogs (under 25 lbs.) A daily fee is payable on site or annual permits can be purchased from Janesville Leisure Services with proof of rabies vaccination/local municipality dog license. In addition to the enclosed dog park, there are dog exercise areas found in designated portions of Palmer Park and the Rock River Parkway where citizens can exercise and train their dogs without having the dog on a leash. Golf Courses b. There are two opportunities for golf in Janesville. The first,Riverside Golf Club, is ranked as one of Southern Wisconsin's best public golf courses. Riverside Golf Course received a 3.5 star rating by Golf Digest and has been showcased as one of the top 50 best values in public golf in the country. Riverside Golf Course is located near the scenic Rock River on the northwest side of Janesville and built in 1924 by architect Robert Bruce Harris. The Ray Fischer Tournament is held at Riverside and is one of the most prestigious amateur events in the Midwest. Blackhawk Golf Club is one of Wisconsin's finest and most popular nine-hole facilities. The challenging yet playable course winds along Spring Brook and is perfect for players of all levels. Boat Launches The Janesville Parks Department operates six boat launches on the Rock River, Kiwanis Pond and Lions Pond. Recreation c. Recreation offers many activities for people of all ages, including concerts and events, special needs programs, swimming and adult and youth recreation (see Appendix E; Aggregated Data). The division provides services for several local recreation providers in terms of facility reservations, technical support and sharing 11 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN of resources. The department works closely with the Janesville School District in coordinating space to adequately meet the growing need for recreation facilities and green space. Leisure Services partners with several area businesses and non-profit organizations to offer diverse programming opportunities. Adult Sports Leagues & Programs The City provides the opportunity for the following adult sports: Adult Kickball League Adult Tennis Lessons Adult Sand Volleyball (co-ed and women's) Adult Softball (co-ed, men's, women's, church & open) Cardio Tennis Disc Golf Lessons Pickleball Pick Up Games Shuffleboard Pick Up Games Co-ed Kickball Fall Volleyball (men's and women's) Co-ed Dodgeball Co-ed Volleyball Men's Basketball Aquatics Recreation offers a variety of aquatics programs, including outdoor swimming facilities, lap swimming, facility rental, children's swimming lessons, youth swim camp and adult hydro-aerobics. Rockport Pool is an Olympic size pool, complete with diving well, wading pool, bathhouse, showers and concession stand. ThePalmer Wading Pool, located in Palmer Park and the Riverside Wading Pool, located in Riverside Park,have filtered water and various water features. Lions Beach is a 5-acre spring fed lake that offers a sandy beach, grassy picnic area, and bathrooms. Other Aquatics Programs Discover SCUBA Scuba Diving GuardStart Lifeguard in Training Red Cross Swim Lessons Parent / Tot Swim Lessons Youth Swim Camp Adult Hydro Aerobics 12 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Youth Sports Complex and Youth Sports Coalition TheJanesville Youth Sports Complex is a 90-acre park facility located on South Wuthering Hills Drive that is leased to the Youth Sports Coalition. The Coalition is comprised of four different sports organizations, the YMCA, Youth Football, Youth Baseball and United Soccer. The complex includes two baseball diamonds, four football fields and ten soccer fields. Janesville Senior Activity Center d. The purpose of the Janesville Senior Activity Center is to facilitate and promote the many interests of the ever-increasing senior population. The Center offers the opportunity for advocacy, creativity, friendship, and leadership in crafting and fine arts, music and dance, continuing education, games and travel. It also offers activities for seniors and adults such as opportunities for travel, learning, dancing, socializing and helping the community. The center has two bands and two choirs, as well as several dance groups that perform regionally. It also sponsors many services for seniors, such as tax preparation, monthly benefit specialist, and preventative health services. Janesville Ice Skating Center e. TheJanesville Ice Skating Center offers indoor ice skating year round, featuring public skating, Polar Express skating instruction, hockey programs, Janesville Jets hockey games, figure skating and special events. City Communications 2. The City uses several communications tools to provide public information to residents, encourage citizen involvement and access, promote communication and foster trust. The City communicates with residents, visitors and businesses using the following: City Newsletter, Park Place News Recreation Guides (bi-annually) New Resident Packets Weekly press release via email Quarterly Water Bills Special Inserts and Ads in Gazette Department Brochures Web site The City of Janesville has a public access television station Janesville Community Access Television (“JATV”) that broadcasts on the Charter Communication cable system. The mission of JATV is to make available to residents a facility, equipment, training, and support for the production of quality, non-commercial programs. The purpose of the channel is to provide informational, educational, and entertaining local programs that reflect the community and the area. 13 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN 3. Physical Assets The physical assets that represent all City wide departments create an important base for partnership applicants (buildings, parks, warehouses and automotive vehicles). Many of these assets have been mentioned earlier in this section. Other primary assets include: City Transit Center City Fleet Rotary Gardens Monterey Stadium Dawson Field Kiwanis Trail Lincoln-Tallman House Museum Kennedy Industrial Park Municipal Building City Parking Garage Oakhill Public Cemetery Fire Stations (5) Police Stations (104 officers) 4. Special Events Janesville is home to several special events throughout the year that bring many visitors from outside the community to the city. National Ski Show Tournament Held every 3 years at Traxler Park o Attendance 1-3 million (1,000-3,000 nightly) o Rock County Fair Southern Wisconsin Airfest Janesville LaborFest th Janesville 4 of July Festival Conclusion The infrastructure provided in this section will reflect our foundation for the following partnership categories. This previous section highlights the City’s higher profile resources and can be used to aggressively market all of the partnerships packages as well as playing host to many of the activities recommended. 14 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN IV. REVENUE GENERATING CATEGORIES Our Strategic Marketing Plan calls for the City to execute a round of negotiations or RFPs to be issued to vendors for different kinds of goods and services in their respective categories. The proposed category list reflects the opportunities The Active Network has identified as having most promising value and revenue potential for the City of Janesville. The following top five categories are listed in order of priority based on Active’s experience, the compilation of data collected during our review of existing contracts and policies. Corporate Partnership Criteria On the basis of the work completed to date as stated in the recommended categories and given our understanding of the commitment of City Staff and City Board, Active has developed recommendations based on the following criteria: Revenue potential – all of these ideas are believed to bear promise of significant revenue returns. Because policy decisions to be made in each category will greatly influence the revenue to be yielded by these concepts, it is extremely difficult to reliably estimate the likely revenue yields of each idea. Attainability – we believe each of these ideas is attainable, given the commitment of emotional as well as human resources within Active and at the City. These ideas will vary in the amount of effort and time it will take to satisfy all of the political considerations and legal requirements that they may involve. Public Acceptance – each of these ideas is judged to be at least neutral to highly positive in popular appeal, given an adroit job of announcing them to the press. The most popular are likely to be ideas that add new services that the communities they serve will welcome. The following pages contain descriptions of the recommended category opportunities. The order in which they are presented reflects the order that Active recommends to the City for implementation. 15 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Recommended Partnership Categories These are the initial categories Active recommends the City pursue: 1. Public Space Recycling 2. Beverage & Snack 3. Municipal Marketing Web page 4. Media Services A. Digital Outdoor Network B. Backlit Panel, Banners & Posters C. Vehicle Fleet Advertising D. Building Interiors E. Facility & Event Signage 5. Janesville Proud Partnership Program 16 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN 1. PUBLIC SPACE RECYCLING/TRASH RECEPTACLES A sustainable community uses its resources to meet current needs while ensuring that adequate resources are available for future generations.Federal stimulus funds have helped Janesville carry out three energy efficiency projects: Residential energy audits; basic energy improvements; "Green Action" planning initiative to create more sustainable practices, services, and outputs; retrofit red traffic signal incandescent bulbs. Wisconsin law requires all citizens in Wisconsin to recycle at home and at work; Janesville began curbside recycling in April of 1994. In an effort to increase the sustainability practices of the City of Janesville, Active recommends the development and implementation of a Public Space Recycling program. The City should develop a Public Space Recycling program that generates incremental revenue while making public recycling more available and effective as well as educating citizens about social responsibility. This program will be in alignment with Janesville’s Recycling Away From Home program that requires organizations hosting special events in City parks to recycle and create a recycling plan. The Public Space Recycling category will provide new and attractive state-of-the-art recycling bins to the City of Janesville, at no cost, with the goal of creating a greener community, developing educational and public awareness campaigns, and creating a new revenue stream generated from local business community support. The City of Janesville will seek the interest of a Partner who is experienced in public space recycling to enter into an agreement directly with the City. The Partner will collaborate with community haulers to integrate new public space recycling pickup routes into existing routes; or, as necessary, to plan and implement new routes that may be needed to provide adequate coverage for public spaces. The Partner will also supervise the collections and recycling flow at each location to add recycling bins or pickups as needed and will be fully responsible for monitoring, maintaining and replacing the recycling bins as needed. The partner will promote local merchants on the recycling bins using tasteful ad templates in keeping with the character of the community and a percentage of the advertising revenue will be shared with the City. These recycling bins need to be strategically located in high visibility locations on selected City properties. Public Educational Campaigns Public awareness and understanding the importance and benefits of recycling is key to the success of every community’s recycling initiative. Recycling education for the public results in lower levels of contaminants in the recycling waste stream and increased compliance as recycling becomes habitual for your community. 17 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Working with the community, the partner will recruit local volunteers to join a Green Team of trained experts to help launch a comprehensive Public Awareness Campaign in the community. Green Team members (Janesville Sustainable Committee) will visit high foot traffic locations to educate the public by delivering a consistent message. When working with the City of Janesville, the partner will also develop Green Team education within local schools and civic centers. Why Public Space Recycling? All too often, in public spaces such as shopping areas, downtown districts, parks, schools, transportationhubs, and sports complexes, recyclable materials are discarded into general trash bins. These recyclables such as plastic, glass bottles, aluminum cans, and newspapers, are headed for the landfill rather than the recycling plant. This happens when public space recycling bins are scarce and when the public is not adequately educated about the importance of recycling. This is a lost opportunity for the community and an even bigger loss for the environment. A public recycling program helps to change this unfortunate reality. Proven Results – EPA Factors As part of the program, the Partner will provide up-to-date information on the program’s recycling progress. The Partner will also include monthly “Community Impact Report” that converts recycling tonnage into EPA equivalent factors, showing tangible results such as saved trees and pollution reduction. This allows the community to see their positive impact on the environment and continue to help promote sustainability. Sample Public Space Recycling RFP Please see Appendix Dfor a sample RFP that has been executed by our client, the City of Las Vegas. A customized Public Space Recycling RFP will be provided based on the City of Janesville’s decision to move forward with this program. Trash Receptacle Advertising Aside from the revenues provided by the Public Recycling program, even the sides of the trash receptacles in public facilities, or publicly-owned receptacles used by private households create opportunities for advertising placement which in turn may generate additional revenues. These might be used for the placement of trash cans that have been embellished with “ad wraps”. Within certain areas and similar to the Public Recycling program, trash receptacles could be purchased by the recycling partner and they would manage media advertising on the designated trash receptacles. Any trash receptacle design would be subject to review by local design guidelines. Active will work with City staff and the partner to design the most attractive and appropriate receptacle. These receptacles will also have advertising panels built within the frame. It will provide a necessary service to the community and provide an incremental opportunity for additional messaging. 18 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Active’s goal would be to assist in negotiating a deal that would have an exclusive partner for the City which would require management of both recycling and trash receptacles. The City could save money by not having to buy and install the equipment, and they would be providing a much needed service while beautifying the community by maintaining the receptacles. 19 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN 2. BEVERAGE & SNACK VENDING a. Beverage Vending Concept Grant a beverage manufacturer or third party vendor exclusive rights to vend and pour their beverage brands and products on all City property for an extended period of time. Analysis The City’s Leisure Services currently has an agreement with Coca-Cola with terms and commission structures (excludes Ice Skating Center). These types of contracts can typically be cancelled without cause 30 days after receipt of prior written notice. Active recommends that the local bottlers of Pepsi-Cola, Coca-Cola, and Cadbury-Schweppes brands (Dr. Pepper/Seven-Up/Gatorade and Snapple) and third-party vendors be offered the opportunity to compete for the exclusive right to distribute their products on all available City properties. In this case the company selected would be granted the exclusive right to vend, dispense, pour and otherwise sell their products on all available City-owned properties for an extended period of time. We recommend that the contract be set for a ten-year period. This will increase the profitability of the contract for the bottler or vendor selected, and will therefore encourage the potential sponsors to increase the value of their bids. The actual value of these assets will of course be determined by the winning applicant’s last and best offer for their use. Active will also require these participants to engage their respective marketing department’s resources for additional in kind donations and healthy product selections. Prospective Locations Active recommends that a comprehensive audit of City facilities and respective vendors be undertaken, and that a review of the existing contract be performed. The City assets to be included will be an aggregate of all current agreements city- wide as well as include all incremental beverage and snack opportunities that will be identified during the vendor audit. In making this recommendation, we acknowledge that the City must find its own optimum balance in serving the needs of the public for: More revenue to support City services without increasing taxes and fees More convenient access to the beverages adults prefer – in order to satisfy thirst, the need for cooling refreshment, to rehydrate after exercise, or simply as a self-indulgence Unobtrusive, even visually appealing commercial intrusions onto public property 20 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Neutral to positive environmental impact More support for publicly sanctioned events and programs Each and every place in which a vending or pouring rights location might be sited must be examined critically. The rate of sales and profitability of each location will depend on: Pedestrian traffic – a vending machine located in a heavily used public facility that is busy around the clock will be worth up to five times as much as a vending machine in a neighborhood park used only in fair weather. Ambient temperatures – beverage sales rates in the summer’s warmest months are double or even triple those experienced during the winter. Income levels – higher discretionary incomes in neighboring areas will lead to somewhat higher sales rates. Security – the likely losses per machine due to vandalism, due to elevated crime rates or the local presence of undisciplined adolescents can depress the profitability of a machine. Packaging the RFP : The next step after the review of assets is complete is to develop and issue a Request for Proposal. Included in this Plan is a customized Beverage & Snack Services RFP (see Appendix C). The RFP to be issued to qualified bottlers and/or vendors should outline a Corporate Partnership package that reflects an agreed-on price/value strategy and include the following key elements: A sponsorship package that allows a selected beverage bottler or vendor to generate an appropriate profit in such a way that still serves the needs of the City. An outline of a suggested rights and benefits package that will stimulate the selected bottler to use their marketing funds for publicly beneficial programs and will help the bottler’s promote their brand, product and service plans. Encourage bottlers to bid on the basis of guaranteed revenue for at least the first three years of a ten-year-long contract period, rather than on the basis of commissions (commission bids tend to turn the City into an unwilling sales agent for the bottler, rather than simply serving as a sponsor). Merchandising the Opportunity : Once the selected bottlers and/or vendors have received the RFP, Active recommends that the City assist the potential bottlers and/or vendors to obtain the most expansive view of the dimensions of the opportunity that is being offered to them. 21 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Basically, this means arranging and (where advisable) personally conducting separate tours for executives of each of these bottlers. These tours will cover all of the sites on which vending or pouring rights opportunities may be found. This will be an extensive, but critically important part of the process of promoting the highest possible bid. In the course of these tours, it has been Active’s experience that new opportunities for the placement of additional machines are always discovered. And the value of each such machine can be up to $30,000 for the term of the contract. Because of the time-consuming nature of these tours, several weeks will be needed to complete them. Upon completion of the tours bottlers and vendors will need additional time to prepare and submit their responses. Promoting High Bids : Prior to submission of their proposals, firms should be repeatedly contacted, enticed, and encouraged to compete aggressively in bidding against their leading business rivals for the rights to an exclusive sponsorship contract with the City. Valuations Our revenue estimates for a new Master Beverage Contract can be provided with a fair degree of confidence on the basis of the information available to us at this time and our experience with similar size municipalities. The current type of vending machines that are producing revenue for the City are: Bottled/Canned Beverage Hot Beverage/Coffee Service Non-Carbonated Beverage Snack Machines We estimate there are approximately 50-70 vending machine location opportunities currently placed in administration buildings and other City departments. Based on the City’s projected incremental opportunities (identified via vendor audits) the total number of vending opportunities could rise an average of 20-25%; along with improvements of revenue share ranging from 20-30%. Vending machines traditionally generate $1000.00 to $1800.00 per machine annually. Based on these figures the City of Janesville could generate between $75,000 to $125,000 a year for 10-15 years. Revenue Production Rates It should be noted that the value of vending machines to a bottler or vendor will be totally contingent on each machine’s production of sales revenue, less its cost of operation. Valuations of beverage vending machines are not derived by formulas as an exact science, but are instead likely to be based on a subjective assessment of the likely value of each location. The bottler or vendor is likely to follow the same procedure as did Active’s analysts: take a look at each prospective location, see what kind of traffic and security conditions prevail, and then estimate the revenue potential of that location. In keeping with our customary practice of seeking to maximize the revenue returns for our clients, we have adopted a very aggressive stance in suggesting 22 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN the placement of new vending and pouring facilities on City properties, wherever they might be justified. Bottlers and vendors may not see the same degree of new placement opportunities, which might cause the actual revenues the City may realize from these sources to be less than estimated, at least until the City’s continued growth makes all of the placements profitable for the bottler and/or vendor partner. Of course, these estimates bear no guarantee. It is simply based on our experience with the valuations of similar properties by bottlers and vendors bidding for similar rights in other municipalities. The final offering of these interested parties will depend on their own valuation of these properties, as well as the economic circumstances prevalent at the time of the submission of their proposals, as well as their own assessment of the opportunities provided by local circumstances. It should be understood that these estimates could overestimate the actual revenues to be received by the City from these sources by as much as 15%, and underestimate these revenues by as much as 10%. The actual, final values will be dependent on future planned and “built-in” growth by the City and its facilities as well as on bottler and vendor valuations that precede their offers of support. Existing Contracts The vending agreement that the City currently has can be terminated with an approximate 30 day written notice. Upon approval of the Beverage and Snack Vending concept Active recommends immediate termination and that an RFP be prepared and marketed at the City’s earliest convenience (see Beverage & Snack Services RFP, Appendix C). It generally takes 3-4 months for the vendor walk- throughs, preparation and submission of bids. Analysis, negotiation, selection and announcement would take an additional 3 months. Active will work closely with the purchasing department throughout the entire process. Other Benefits In addition to providing the City with extra revenue from its share of the sales of beverages, the manufacturer and/or vendors with whom the City contracts will perform these additional, important services: Vendors will maintain fresh stocks of product for in the vending machines, thereby serving the public’s need for refreshment and nourishment on a convenient basis on public property. Vendors will reimburse the City for any refunds that the City may need to issue to complainants at any facility who demand to be reimbursed for vending transactions for which they have made payment, but have failed to receive the merchandise they desired. Vendors will provide the City with readily audited records of all sales transactions on a regular basis, which will improve the accountability of this resource. Vendors will absorb liability losses due to vandalism perpetrated on unsupervised machines in open areas, and will, where necessary, install upgraded equipment where recurring vandalism problems make it necessary to provide a higher level of security for vending 23 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN equipment. Active believes that the City can tap an important source for increased revenue yields from its beverage and snack vending sponsorships by substantially increasing the populations of vending machines and pouring facilities on public property. As was noted in previous sections, these increases can readily be defended as providing a desirable public service, as well as the opportunity for increased revenue and public participation of the City’s sustainability objectives. For example, by aggressive placement of vending machines in every public park with adequate facilities, traffic, and security, we believe the City may be able to substantially increase its current revenues. Increased vending and serving populations, coupled with higher commission rates, is likely to increase City revenues from these kinds of contracts substantially. Guarantees versus Commissions Ideally, we would hope to encourage those firms that submit responses to the City’s Request for Proposals for Beverage and Snack Services to provide their bids in the form of revenue guarantees, rather than in the form of commission rates. The reason for this preference is simple: otherwise, structured on a commission-only basis, the vendor is free to install machines at a leisurely pace in only those locations where their Return on Investment (“ROI”) is most attractive, considering the average cost of these machines is approximately $3,000 each not including installation costs. When a bottler or vendor installs machines in only the most promising locations and thus undermines their ability to live up to their initial revenue estimates, the practice is called “cherry picking.” This kind of “cherry picking” can be prevented by encouraging bidders to guarantee as much of their offer as possible. Ideally, Active urges them to guarantee their full ten-year commitment. Short of that, at least the first two years must be guaranteed, even if it is made subject to later adjustment, in order to encourage the sponsor to install as many machines as possible “up front,” so that the City will be assured the highest possible degree of revenue even after the guarantees expire. Policy Considerations Whenever a public entity invites comments from constituents or public officials on the prospect of an exclusive contract with marketers of soft drinks, there is likely to be a lively debate promoted by a vocal minority that is passionately opposed to: Any use of public facilities in a manner that will preferentially benefit a selected private enterprise. These objections may be stated as opposition to “excessive commercialization,” or simply to contracts which are awarded on an exclusive basis. Sweetened soft drinks, whether sweetened with sugar (“candy in a bottle”), or with artificial sweeteners (which provokes expressions of concern about the safety of the controversial sweetener aspartame). Active recommends that all locations be offered the option to request “healthy” beverage and snack options as part of the program. Active has several responses to the objections to soft drink contracts as they may be established by cities, counties, and hospital systems: 24 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN The typical user of a soft drink vending machine is likely to be an adult. This user will be free to buy a soft drink from a private sector retailer if such a product isn’t available at public facilities. All of these products are already sold at many public facilities. Too often, the public does not receive its full and fair share of the revenues obtained. The products offered in these machines will not only consist of sweetened soft drinks, but may (as you direct) also — or instead — contain bottled or canned water, fruit juices or drinks, isotonic sports beverages, teas, and other types of “healthier” beverages, depending on the age of likely users at each location. Whatever the contents of these beverages, they serve a useful nutritional need for hydration, while quenching thirst, providing refreshment, and even helping to cool the user in hot weather, thanks to their refrigerated form. After these issues have been positively resolved, additional policy concerns must be addressed. How to deal with individuals and organizations that currently derive revenue directly from the vending assets in place on City property? Active recommends that the City offer assurances to any groups such as the Police or Fire Department that the City will “make them whole” after the new deal is in place. The meaning of “make them whole” will generally involve providing them with a revenue stream after the new deal is in place that is comparable to the revenues they enjoyed prior to the new City-wide contract. The primary differences will be that now the group’s revenue will come from the City rather than the vendor of their choice and the brand selections will be made by the City rather than the group. B. Snack Vending Concept Grant a snack and coffee vendor exclusive rights to vend or pour these products on all City property for an extended period of time. Analysis Like beverage marketers, the leading local operators of snack vending machines should also be offered the opportunity to compete for the exclusive right to vend and otherwise sell the snack products of the various companies with which they customarily do business. These contracts should also offer the exclusive right to vend and otherwise sell suitable snack products on all available City properties for a ten-year period. Active believes that this bidding process should take place at the same time as the contracts for soft drinks are put out for bid. It is entirely possible that one or more of the leading local vendors may ask to compete for the right to the soft drink contract as well as for the exclusive right to sell snacks. We would urge the City to permit these vendors to compete on this kind of expanded basis, with the proviso that they also prepare their bids in two parts, one part of which assumes 25 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN that they will serve the City by providing snack vending services alone. It should be kept in mind that the bottlers of soft drinks have a considerably wider profit margin with which to compete for these kinds of contracts. Typically, when bidding on a “commission only” basis, without guarantees, bottlers will offer up to a 35% sales commission on the vending of 20 ounce beverages, while snack and soda vendors will at most be able to offer a 20% commission on soft drinks (and more likely, between 15% and 20%, if they are to make a profit). Prospective Locations A review for potential snack machine placements can be performed while auditing the City for beverage location opportunities. Snack revenues will be a fraction of the beverage revenues, since there are far fewer sites for these vending devices on City property, their volumes are lower than soft drink machines, and the profit margins available to the vendors are smaller than are the margins for soft drinks. The City should be pleased if it were able to generate 10% of the revenue from its snack vending devices as from its soft drink sponsorship. Policy Considerations The same considerations apply to this category as to soft drinks (see above). In response to rising public criticism of excessively high amounts of sugar or salt in many conventional packaged snacks, marketers are increasingly making available healthier and more nutritious single-serving snack products for vending machines. These include packaged fresh foods (like baby carrots) that may have a high rate of perishability, and that therefore require placement only in installations where very high purchase rates will justify a relatively high rate of restocking frequency. If desired, these kinds of healthy snacks can be mandated in any RFP issued to prospective vendors. Total Beverage and Snack Package Valuation As noted above, Active is recommending that Janesville offer a package that reflects the aggregation of as many vending locations and pouring opportunities to a potential sponsor for a ten-year term. This will maximize the revenue potential to the City. The benefits of bundling assets allow a major manufacturer (brand) or third-party vendor to become a true partner of the City at multiple levels. This will bring about positive change: New and technologically advanced machines Wider variety of new products (healthier) Better service based on efficiencies and being a priority account due to size of agreement Access to major brand’s marketing departments which have a separate budget and willingness to support key sponsorship initiatives We have provided a estimated revenue figure based on our experience with other 26 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN municipalities and comparables; this figure will change dependent upon your beverage and snack locations offerings to the vendor. Our expertise in this area as well as the comparables in other cities that were not negotiated by Active indicates that a ten-year deal is much more profitable to a City. With a ten-year program the revenue potential to the City could be as much as three times the amount of a five-year program. Partners are more willing to put more upfront monies into a program that is longer because they make a huge investment in machines to sustain the program. If a bottler/vendor only puts machines in for five years they may not recoup their investment unless they put fewer machines into only the highest traffic locations. We have successfully executed numerous beverage/snack and pouring rights agreements across the City (currently 25) and are confident that this category can be executed relatively quickly producing an immediate source of revenue. 27 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN 3.CITY OF JANESVILLE MUNCIPAL MARKETING WEB PAGE Concept The launch of the City of Janesville municipal marketing campaign begins with the development of an interactive City of Janesville Municipal Marketing Web Page (“MM Web Page”) with proprietary positioning on the City’s web site to display information that would be commercially useful to all City revenue opportunities and marketing partnerships. The City, in collaboration with The Active Network, would engage a suite of online technology solutions to automate and streamline online sponsorships, donations, partnerships, campaign managements, event registration, marketing, promotions and events. This allows the City to collect online donations for any type of fundraising campaign in coordination with an existing event or a standalone fundraising drive. The MM Web Page would be a clearinghouse for all of the City‘s marketing activities. Each marketing section will have a specific target audience, and will be educational, provocative and have the ability for constituents to make online contributions immediately. The key sections recommended are: Current Partnerships Green Marketing Partnerships Council President’s Message New Partnership / Sponsorship Opportunities Give Where You Live (Leisure Services: Parks, Sports, Seniors) On Line Advertising / Advertisements (Google Ads) Idea/Suggestion Box (got ideas?) Marketing News Around the Country (Latest News) Analysis This customized municipal marketing site will have multi-purpose capabilities. This site will feature City-wide marketing efforts and promote our partnerships and sponsorships. It will also serve as a revenue-generating tool that registers and educates commercial sponsors, public donations and Green partnerships. This page will include features that allow direct financial transactions, message boards, promotions and email communication capabilities. By driving traffic to the City web site and promoting the MM Web Page the City will have created a marketing tool that can be used for revenue generation at the City’s discretion. The potential revenue from this source will be determined upon the number of partners/sponsors, the amount of promotion by the City and the content value developed. Green Marketing Partnerships: Included in this page will be the latest information on sustainability and green initiatives. By promoting our Green partners and sharing revenues on sales of their respective products and services allows both revenue generation and benefit to the community. It also positions the City as a leader and steward of environmental issues. Events, issues and ideas can be reviewed, evaluated and commented on to better position the City as a true leader and listener of its respective citizens. There is also the opportunity to develop dedicated Green marketing partnerships. These partners could promote their respective Green products and services while sharing revenue with the City. 28 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Municipal Fundraising: An example of raising revenues through promotions th would be if the City were to cancel the 4 of July Festival. A plan to have citizen and merchants participate in a fundraising program would direct them to the MM Web Page (local media could also support this promotion). Another example of this would be to address water issues with a water conservation campaign to include the community in an effort that impacts citizens as well as the City. Community Giving/Marketing By including the ActiveGiving solution Active will provide online fundraising technology for any or all departments or groups (profit or non-profit) to maximize fundraising potential and drive additional revenues. Active is well suited to develop these donations and fundraising tools. Currently Active manages over 40 thousand listings each year and over 200 million in registration fees making Active the leading provider of this customized technology. This is the best tool that is adaptable for even individual use for any cause deemed appropriate for the City. ActiveGiving Fundraising technology that can be used to collect general donations, membership fees, campaigns and individual and team fundraising Online registration for your “thons”, walks, 5K’s, marathon training program, golf outing, or special event Ticket sales for your gala or golf outing Website design and hosting Fundraising consulting and excellent customer support for you and your fundraisers Online trainer (www.activetrainer.com) Online registration and management for your volunteers Many contacts in the participatory sports world that can help you build your programs Online community message boards Fundraising Tips Benefits: The purpose is to engage local citizens, regional and local businesses and prospective sponsors and donors in a manner that would allow the following benefits: Promotes and solicits City marketing partners and sponsors Educates the public regarding City marketing programs Supports Green and sustainability plans with actionable alternatives Generates revenue from creative marketing partner agreements Interacts with the public by blogging or polling capabilities Creates a venue for site or event specific funding/donations Provides a platform for City wide fundraising and promotions Archives press and success stories in support of the City’s municipal marketing efforts Builds a database of residents, donors, and sponsors 29 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN City of Janesville Municipal Marketing Web page 30 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN 4. MEDIA SERVICES Concept The Media Services category will serve as a catalyst for the City’s municipal marketing program. This category will include all levels of traditional and non- traditional advertising mediums. The featured advertising product will be the strategically placed Digital Outdoor Network. This network becomes a revenue generating tool that also allows the City to control a percent of the inventory in order to communicate to its citizens in real time with emergency or non- emergency information as well as a platform for City partner advertisements. The City of Janesville, with the guidance of The Active Network, will seek the interest of a professional service provider (“Partner”) who is experienced in internal and external media services, marketing and sponsorships to enter into an agreement directly with the City. The scope of work would request the partner to solicit advertising and sponsorships that would include city-wide events and initiatives with the objective of improving the quality of life and image of the communities serviced by the City. The Partner would also be granted the opportunity to develop and manage all of the City’s approved media requirements on an exclusive basis. This partnership agreement is intended to provide the City incremental revenue potential from commercial advertisements by possibly using the Digital Outdoor Network, roof top digital, bench backs, banners, posters, bill boards, vehicles, refuse containers, web sites, and sponsorships. (Collectively referred to as “Advertising Media"). The provider will insure routine maintenance of all Advertising Media built or maintained by the Partner. The advertising media materials/furniture will be designed to complement key areas of the City. The City would expect that a percentage of the inventory will be granted for City marketing purposes and/or public notices. Active will review current City sign ordinances and amendments to the zoning chapter of the code of the City of Janesville. Advertising Media is intended to be primarily non-public forums and any advertising displays are for purposes of generating revenue or for City marketing and are not necessarily for providing a forum for expression. Displays of noncommercial, alcohol / tobacco / adult oriented advertisements may be prohibited based on City policy. As such, individual advertisers must first qualify and obtain permission to advertise and the burden is on the Proposer to make sure advertisements comply with City policy and guidelines. Analysis Signage as an advertising medium actually embraces such a wide variety of formats and businesses that it probably should be considered as a number of categories instead of just one. Traditionally no single Request for Proposal allowed responses from any single vendor who is capable of covering all 31 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN components of the bid. But for the sake of convenience, we will consider Media Services as a single category for this report with the understanding that a media firm possesses the capability to include their major brand climate to reach even deeper within the same market. We have addressed each category through different sections because the timing of implementation will vary and programs will require a different strategy for placement of signage. Active’s goal is to proactively identify all reasonable options for the City and to provide the City with the greatest possible return on their investment using their respective facilities and assets. In keeping with that view, we suggest that, if the City elects to do so, major signage assets should be offered as an aggregated bundle to prospects. Active can structure competitive RFPs for these opportunities in order to generate significant incremental revenue for the City of Janesville. The more specialized kinds of advertising assets may prove to be of interest only to media brokers who focus their advertising sales efforts on these more unconventional media. In selecting any media advertising representative, two factors need to be considered as of paramount importance: (1) the likelihood that the advertising rates to be asked by the partner rep firm for the signage are likely to be so attractive to advertisers that the space is almost sure to be “fully booked” (usually meaning booked more than 85% of the time) with revenue-producing advertisers, and (2) that the rates of return to the City are adequately rewarding, whether they are based on guarantees or on commissions. At best, the placement of community-acceptable advertising and messaging on public property can very quickly produce valuable revenue from advertisers who wish to employ this space for the exposure of their products and services. Once a package has been valued, the contracts for their use can be concluded within two to four months. The various assets and facilities that the City of Janesville and its prospective partners could acceptably offer for use by advertisers’ signage include a wide array of assets, as described herein. A. Digital Outdoor Network To the out-of-home media trade, the conventional, standard billboard is commonly referred to as a “thirty sheet poster,” meaning that its large surface was once composed from thirty pre-printed posters glued to a board to form a single advertising message. To those in the signage business, these signs are the “meat and potatoes” of their trade, providing a common and familiar format, widespread (though not universal) availability, and proven impact as a potentially striking way to deliver an advertiser’s message. The value of these installations is directly proportional to the amount of traffic they face. A “spectacular” board facing Times Square can command a one million dollar a year rental fee. Yet understanding the current situation with static billboards, Active would promote primarily digital messaging centers (which are expected to be the ‘future’ of outdoor advertising) that would be consistent in theme and design. The more typical net rates charged to ad agencies for larger roadside boards in 32 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN top tier metropolitan areas range from $800 up to $12,000 per month smaller towns can expect between 25%-35% of the more typical net rates. Relatively speaking, the City could negotiate for the use of its properties for such applications and receive up to 40% of the rep firm’s income. Better yet, if the terms are for an extended period of time, the capital expense of installing and illuminating these bulletins will be borne by the partner selected for the contract. In addition, because these firms are experienced at obtaining all necessary permits from governing bodies, the expense of legal and lobbying fees for such an endeavor would also be borne by the selected partner. Perhaps the highest traffic rates available for these kinds of installations would be at the interchanges and roundabouts of City roads and highways or at facilities holding large-scale public events. At each of these interchanges, the opportunity to erect tall signs that would be visible from the highway should be considered. The traffic volumes at these points could mean that each such installation could generate tens of thousands of dollars a year in new revenue from this new use of City properties. The locations selected and approved for such applications will have to be chosen carefully. However, are such signs out of the realm of consideration for use in the City of Janesville? We would suggest that the precedent that has been set indicates that large scale commercial applications of public spaces are quite within the realm of the conventional. At the moment City properties have limited signage. By all means, City properties that are adjacent to heavily trafficked areas should be examined to see whether they might provide good spaces for the installation of strategically placed signs that could face the traffic but that could be shielded from the view of City property users by the installation of trees and other foliage to cover the signs’ backsides. City Center, police stations, fire stations, roadside warehouses, and new roadway extensions pose greater opportunity due to the heavy visitor and business traffic. Pursuant to the attached sample RFP for Media Services (Appendix B) the City of Janesville has a realistic opportunity to create a new revenue stream, together with a dynamic digital program, that enables state-of-the-art messaging and new promotional avenues to promote City activities and events. Active has audited and inspected key locations that the City may make available for the program and have determined that there would be a pool of sites that we believe would create a viable revenue generating advertising program with long term sustainability. The other important issue is that of the First Amendment and the rights of the City to embark on a project that would lead to similar advertising requests from the private sector. The benefit of the City having media inventory would allow local and regional businesses to participate in advertising at very reasonable rates. The City legal council will need to be consulted and provide necessary language that would clearly differentiate the benefits, functions and initiatives that the Digital Outdoor Network would provide the City vs. private organizations that desire to 33 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN generate advertising revenues. Accordingly, going forward, should the City obtain all necessary permits, variances and approvals to proceed with implementation of the Digital Outdoor Network feature, the third party vendor will be responsible for building and maintaining the following proposed number of digital displays: 7 large displays 7 medium displays 12 small displays This estimated product mix outlined for the network would consist of upwards of 20 digital advertising faces, which will enable a third party vendor to provide guaranteed payments to the City while establishing the necessary outdoor/indoor advertising infrastructure to facilitate all of the program goals. This includes City dedicated messaging (approximately 15% of total inventory), sponsorships and potential naming rights opportunities. With respect to City dedicated messaging, Active believes that the proper provision of digital displays (instead of standard posters) will best serve the City’s needs to communicate emergencies, Amber Alerts and other relevant local information. Advertising will not be motioned commercials yet will be displayed simultaneously on each display and typically consist of eight-second spots that run every 64 seconds continuously, 24 hours a day, seven days a week. Advertisers will be able to deliver real time information, and have the opportunity to target and purchase campaigns by day part, location or geography. These digital networks will present a powerful revenue generating opportunity for the City and will enable the fulfillment of the City’s mutually agreed upon goals and objectives. Advantages of Digital Displays Digital Outdoor Networks have many distinct advantages over standard displays. Some of the most significant advantages include: Environmental benefits 1.: The carbon footprint of operating this program will be greatly reduced compared to operating programs with standard billboards; No glue is used; no paper, vinyl or light bulbs are disposed of; Trips of delivery trucks are reduced because there is no need for delivery of paper or vinyl for posting a campaign or disposal following a campaign; Digital displays feature focused lighting, thereby reducing, if not eliminating, light spillover into unintended areas. These sophisticated LED lighting systems provide an effective and green lighting solution with reduced power demand and no mercury content. No production, posting or shipping costs: 2.The creative is sent 34 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN electronically and is transmitted wirelessly to the display. This eliminates the possibility of damaged paper, the necessity for adhesives such as paste and glue and reduces the regularity with which personnel will need to access the signs. Multiple creative executions for one advertising campaigns: 3.Engaging in the consumer is perhaps one of the most sought after goals of today’s new media opportunities. A local restaurant can display different designs based upon time of day (know as “day parting”). For example, a restaurant could run a breakfast special, then a lunch special, followed by a dinner special. Flexibility: 4.Ability for a client to be on multiple displays simultaneously via linking several displays as a network, which reaches more people for less money than other traditional media. Increased revenue through fewer displays: 5. Multiple clients can be on the same display during a given period of time, which allows additional revenue to be generated compared to a standard display. This means that fewer digital displays can generate more revenues than traditional signs and allows the City to realize the monetary return it seeks without a proliferation of advertising and with minimal alteration of the current streetscape. Better quality advertising with less displays: 6. Superior resolution and clarity of displayed copy enhances the advertiser’s value proposition and further protects the media investment; multiple advertisers can share prime locations thereby supporting an outdoor advertising concept of “less is more”. Benefits to the City of Janesville: 7.Ability to preempt planned advertising in favor of emergency messaging for public benefit, such as Amber Alerts; elevated image of City government as a place that employs cutting-edge, modern technology for public benefit. State-of-the-Art Communications Tool As stated above, the City-wide Digital Outdoor Network will allow the City to utilize the system to communicate with its citizenry in an effective and widespread manner. Potential City applications include: Amber Alerts, fugitive/felons wanted, weather alerts and traffic alerts, health related messages, energy sustainability messaging and City event specific advertising. In short, this system will be a catalyst for all future City partners and partnership package deliverables. For example, should there be a weather emergency, the City can access the system and display a message that would, within a matter of minutes, inform the public of the emergency and any City-recommended steps that the public should undertake (i.e., travel routes and safety stations). 35 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Other messages conveyed by the City through the digital system could be confined to a geographic area. For instance, specific displays could carry a message to promote an event in a certain section of the City (such as a golf tournament at Riverside Golf Course or the Bike Rodeo at Wilson School) while other portions of the network would continue uninterrupted. Other public service messaging can also be accommodated. Public service announcements could be configured into the network display rotations as well as messaging from charity organizations. In fact, a broad scope of messaging ranging from adopt-a-park and child abuse protection to local blood drives is possible. These public service announcements can be made available by the City on the network at a very deep discounted rate. Design Concepts As locations are identified and meet approval, the third party vendor responsible for the cost and construction of these signs will also propose unique design concepts that will aesthetically fit the customized structures where they are affixed. The third party vendor will be mindful of the overriding purpose of the advertising structures and will give the utmost respect to each locality’s unique street scraping and character. These customized structures (i.e., brick, stone or steel) will flow with the predominant City-wide palette for designs believed to compliment the existing architectural context of the surrounding community that is targeted for installation. All of the proposed designs for the City of Janesville will be sealed by a structural engineer before they will be accepted by the City for approval. B. Backlit Panel Structures, Banners, Posters These ancillary small format signage opportunities have the benefit of providing a greater reach to the resident population and general public. At the moment City properties have limited signage in this category. The smaller scale format is well suited for events, announcements, campaigns and local sponsorships. Backlit Panel Structures would be viewed by both residents and the general public. C. Vehicle Fleet Advertising This program is simple: a government vehicle carries an advertiser’s message on a customized sign or wrap containing the advertiser’s message. Each day the sign travels about the City with the message affixed, giving an advertiser exposure to current and prospective customers. This practice gives the advertiser name recognition and identifies them as a prominent business and community partner. Full wrap tailgate signs have become popular and increase the amount of potential revenues that the City can earn. Annual City revenue per vehicle from this application can range upwards of $500- 1000, so even assuming a 15% vacancy rate, this program could generate thousands of dollars per year in new revenue for the City. 36 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN D. Buildings Interiors Public Restrooms – Public washrooms provide another source of potential revenue. The City of Long Beach, California enjoys the benefit of two handsome murals hand-painted on the exteriors of beachfront public restrooms by noted local artists. Because these murals also contain relatively small copies of the Adidas “three stripes” logo in one of their lower corners, the shoe marketer paid the artists for their work, at no cost to the City. More rewarding revenue opportunities are presented by the bare spaces in visible positions inside these facilities. Do we think these opportunities are likely to provide a significant source of revenue? Not ‘Stand Alone’ but their use can show that the City is serious about finding every possible opportunity to maximize revenue without raising taxes. These opportunities would be a welcome supplement to the overall Media Services program. E. Facility and Event Signage These sign packages would be based on specific promotions, events or seasonal applications – commonly used to promote new product or launch new business services. These would be scheduled in advance and rotated at pre-approved locations. Media Services Policy Considerations Several major policy areas will influence the City’s plan for Media Services: The policies already established as precedents by the City in both statute and practice The signage and billboard codes of the communities within the City, and of the State Neighborhood community plans Public concern with excessive commercialism in the form of “visual pollution” Objectionable advertising content, by marketers of goods and services that the City would not wish to be associated with, much less to be seen as endorsing Active therefore recommends that the City consider the revenue potential of each proposed program for the various out-of-home media types and determine if any/or all components of this program can be successfully implemented within existing guidelines. With respect to “visual pollution,” no municipality is or should be completely free of signage. At a minimum, people expect to find easily visible information about locations (e.g., street signs), public facility identities, and retailers’ store names. They expect municipal signage policies to provide community-acceptable quality standards for aesthetic appeal, defined in a clear and straightforward manner, while being highly functional in assuring that content clearly delivers the information desired. 37 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Beyond providing directional and location information, commercial signage placed on public property can be very rewarding source of municipal revenue. As for the acceptability or otherwise of advertisers who may wish to use media on public property, in most circumstances the City can safely refuse to accept advertising for alcohol, tobacco, sexually oriented businesses and firearms products. However, First Amendment protections may make it difficult for the City to refuse to accept payment for other potentially objectionable categories of goods and services where court precedents are mixed. Under the circumstances, wherever the City is concerned about such a risk, it is advisable to use a commercial agent or broker as the “front line of defense.” The City’s advertising sales agent can promulgate an acceptable policy for advertising, and bear the burden of defending the City’s policy. Next Steps Determine location availability for high traffic facilities and free standing locations for signage. Review options for monument digital signage in areas such as parks, recreation centers, sports facilities and parking structures. Review contracts that may prohibit activity at these locations Identify and secure outlying departments with high traffic areas that would qualify for media applications. Develop a list of all events and facilities that currently have corporate partners. Review contracts that may prohibit activity at these locations . Develop prospective target lists. Obtain approval from City Staff. Develop Media Services RFP (see Appendix B). Aggregate all appropriate real estate assets, in order to grant a media representative firm or firms the exclusive right to develop new opportunities and sell advertising space in out-of-home media on designated types of City property for extended periods of time. This program will also request the partner to possibly address City messaging/advertising. 38 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN 5. PROUD PARTNERSHIP PROGRAM Concept Create a proprietary Janesville Proud Partnership Program (“Proud Partner”) that features City of Janesville events and leverages all City approved assets to reward local and regional corporations and businesses for participating and giving back to the community. This in essence will be a comprehensive sponsorship package available to local and regional organizations who are interested in investing in the community. Analysis The City is fortunate to have the presence of a number of important corporations and vendors, large and small, who are likely to have an inherent interest in visibly demonstrating their support for their local community. This kind of support can result in lowered employee recruiting costs, improved governmental acceptance of new development initiatives, better product sales rates, and a host of other benefits. One of the primary goals of the Proud Partner Program is to address specific needs of the City which includes raising revenue to improve standards of City services and municipal facilities. This category summarizes a recommendation focusing on raising revenues for the City by means of customized partnerships with private sector business. These partnerships will permit or even encourage the appropriate use of City facilities by selected businesses in ways that acknowledge their respective involvement and concern in their local communities. It also serves as a platform for these businesses to help them market their products and services in exchange for providing the City with new incremental revenue or material support. The Proud Partner Program offers unprecedented access to City properties as well as other important City assets. Active recommends positioning these partnerships at two levels (Platinum and Gold) in order to capture small and local businesses that may have interest in investing in City of Janesville. The objectives of this Proud Partner program are: Develop new and innovative partnerships with a broad range of services/products as a way of connecting with all City of Janesville residents and businesses. Through collaboration, to insure appropriate use of resources, maximize fund development and provide needed public service. Proud Partner Goals Operational Assistance Partnerships can be used to offset operational costs with free or discontinued 39 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN products and services: Vehicles, computers and other field utilities Uniforms, water bottles, other supplies Professional consultation Volunteer needs Education Partnerships can be used to develop new educational materials, programs and special events or enhance existing programs: Summer recreation programs, i.e., soccer, tennis, golf, etc Healthy lifestyle expos Wellness clinics/materials Public Awareness/Advertising Partnerships can be used to create advertising that delivers important messages and develops relevancy. This can support or be part of the overall marketing community outreach campaign: Promote ‘Top of Mind’ awareness Deliver messages of benefits, preservations and threats Move people up the ‘Ladder of Support’ Incremental Revenues (Cash) Offset cost of partnership implementation Creates new products and services: brochures, maps, instruction materials, events, etc. Marketing and Communications Program Support community outreach programs with: PSAs Special events/new classes Press events Foundation & Volunteers (Parks, Programs, Events etc.) Membership development Cash and service donations Enlighten and inspire community regarding benefits of memberships Target Market The immediate target zone of “Proud Partner” prospects will come directly from the City’s vendor list (see Appendix D). This represents existing contractual relationships that could be expanded and developed in a fashion that would be mutually beneficial to both City of Janesville and its vendors. The “Proud Partner” program will seek like minded companies and organizations that compliment the City of Janesville’s image and culture. These companies should be relevant and potentially provide important products and services for employees and surrounding communities. All of these prospects will be introduced to and approved by City and Executive staff. 40 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Proud Partner Core Package – 3 Year Term The City of Janesville Proud Partner Program offers customized partner packages that meet local, regional and national corporate marketing needs. These partnership packages incorporate a vast array of benefits, depending upon the level of corporate commitment. Branding name and logo exposure Access to program materials Exposure on a comprehensive City scale Special use of City facilities, properties and communication vehicles (e.g., golf course, City Hall) Ability to develop a co-op relationship that allows corporations to give back to the community City Proud Partner Program Levels PLATINUM : Key Rights & Entitlements Designated as “Proud Partner of the City of Janesville” Category Exclusivity Territory Exclusivity (City of Janesville) Kiosk Displays (key facilities, parks, events) Branding Rights/Advertising Points of Access Displays (permits, facilities, events) Use of City Logo and Marks (co-op branding) Access to Collateral Materials (maps, literature, etc.) Special Event Partnerships Web site (advertising/links) Product Sampling (category exclusive) Promotional Events and Distribution (category exclusive) City Employee Access (newsletters, making lists, payroll, break rooms, etc.) Hospitality Access (events, and key facilities) Market Research Access Inclusion in City of Janesville Press Releases (spearheaded by City Administrator) GOLD : Key Rights & Entitlements Designation as “Proud Partner of the City of Janesville” Category Exclusivity Kiosk Displays Branding Rights/Advertising Recognition Placement Use of City Logo and Marks Point of Access Displays Special Event Partnership (tier 2) Web site (advertising/links) Product Sampling Promotional Events/Distribution Hospitality Access Market Research Access 41 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Collateral Materials (tier 2) Immediate Prospects Beverage & Snack Waste Management Technology/Computers Home Improvement/Gardening Fleet Vehicles Office Supplies Building Supplies & Construction Pet Supply Companies Sporting Goods Banking Insurance Companies (The above prospects are based on current business relationships.) Concept Example Fleet Vehicles Proud Partner During our asset analysis it became clear that because of the City’s purchasing capability, Active recommends direct solicitation of a customized Proud Partner vehicle deal with a major manufacturer. The arrangement would also include local dealerships that would be considered the immediate beneficiary of the Proud Partnership. The goal would be to drastically reduce or offset completely the cost of vehicles over time. Fleet vehicles would also remain a candidate for tailgate advertising as described in the media services category. Creative Specialty Dog Park Deals Paw Print Park, located in Prairie Knoll Park, is in a premier location to attract corporate sponsors. Over the past few years dog (off-leash exercise areas) have caught the attention of communications across the country. These specialty parks are an appealing to marketers interested in reaching their core target audience. Partnerships that contractually provide these marketers access and distribution rights allows them to educate communities and introduce new products to these captive audiences everyday. These kinds of partnership contracts available to municipalities in exchange for access to these facilities are limited only by imagination, and by the ability of the City to attract and sell prospects on the desirability of the deal. 42 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN Analysis As an example of the kinds of arrangements that can be made, consider the fact that the City of Miami got the Ralston-Purina Company to pay for the development and upkeep of play areas for dogs and their owners in two City parks. To the upscale Hispanic targets of Ralston’s efforts, it appears that Purina Dog Chow (PDC) is the brand identified with these two facilities, where dogs can run free of a leash, and their owners can socialize. Not only does Ralston’s PDC brand gain grateful recognition for their civic contribution, their marketing people can develop and field special events in these parks. Signage is tasteful, and includes a kiosk that offers two sides for the posting of community notices from the local humane society and for use in advertising pet-oriented services. In recent news Kent Parks, located in Washington received a $10,000 grant from the Petco Foundation to help develop at off-leash dog park. Other examples of the creative application of the partnership principle to park facilities include Portland, Oregon, which managed to get Nike to refurbish and resurface all of the basketball courts in City parks at the partner’s expense. Nike even used state-of-the-art materials for the surfaces, in exchange for having its logo embellish the surfaces of the courts. This contract was arranged in part because Nike wished to visibly demonstrate its support for its home town. In a similar spirit, Vans has become a partner to Lake Forest, California, in sponsoring the city’s operation of a large and well-used skateboard park. This contract is reportedly worth $100,000 to the city. Promotional Bonuses – In the course of negotiating partnership or sponsorship contracts with any of the above types of major corporations, it should be remembered that almost all have additional marketing funds available for consumer promotion, and that these funds can be added to enrich the terms of a contract. The request for proposals to prospective sponsors these should specifically invite “value added” enhancement to contracts. 43 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN V.PROPOSED NEXT STEPS The execution of the Corporate Sponsorship Program entails the application of substantial effort, skill, and commitment. For the Program to succeed it will require not only Active’s successful performance but also continued administrative oversight and management by City Staff. City Staff should review the contents of this document, and approve or provide Active with directions for modifications to these recommendations. Active will provide in this document a list of programs in priority order. Once the appropriate sequence for a set of ideas has been agreed upon, Active will assist the City of Janesville to initiate each project in the agreed upon order. Wherever necessary, projects will be supported by Active providing the City with a project recommendation giving a more comprehensive description of the project than we have provided here. This document will include a project rationale and recommend policies and procedures. Active will work with key staff at the City to develop each approved program. This step includes extensive communication via personal meetings, phone, and email. Active will present each program to City Staff for approval. With approval, Active will develop a Corporate Partnership package for each approved program that reflects an agreed-on strategy, including the rights and benefits to be offered to prospects. Active will use this in Request for Proposals wherever it’s appropriate. This will allow the City to agree in advance to offering specified terms that meet its requirements. It will also confirm the ability of the City to deliver prospects’ expectations in ways that will encourage competitive offers. Active will work with priority prospects and assist in the negotiations for the subject RFP’s marketing package. Active and City staff should seek every available opportunity to have several companies compete. We will assist with presentations at executive levels within prospects’ corporate structure. Active will provide all the necessary information and education they need to understand the assets that the City is offering in exchange for the opportunity to promote their brand, product or service. Wherever necessary, Active will provide appropriate assistance to prospects that they may need in order to prepare suitable responses to the RFP. Active will assist in negotiations with one or more prospective corporate partners. Prior to submission of their proposals, Active will encourage leading prospects to compete aggressively in bidding against their business rivals. Active will consult with the City as they obtain and evaluate offers from each prospect indicating their willingness to enter into a partnership agreement with the City. Active will confer with City Staff to review proposers’ bids, to analyze 44 CJSMP ITY OF ANESVILLE TRATEGIC ARKETINGLAN the content, and to recommend prospect selections. Given preliminary Staff agreement to the selected prospects, Active will help organize presentations of the preferred proposal made by the recommended prospect to City Staff. Active will work with the City point person to develop an Evaluation Report comparing the benefits offered by each prospect, aid in organizing negotiation meetings between Staff and prospects and monitor and advise throughout the selection process (as needed). Upon final selection of a marketing partner their offer will be referred to the City’s attorneys to prepare a Corporate Sponsorship Marketing Contract. This agreement shall be presented to City Staff for final approval. Upon acceptance of each partnership contract, Active will take the lead in managing and monitoring the relationship between the City and each Marketing Partner to insure that both compliance and mutual satisfaction are achieved. The City’s Role In order to effectively develop and implement the marketing-based, asset-driven revenue opportunities cited in this recommendation, much less to effectively pursue any new opportunities that may be created in the future, Active will need the assistance and support of the City of Janesville. To date the City has been extremely cooperative and helpful in moving this ambitious project forward. Active particularly appreciates your previous as well as your anticipated support in the following areas: Easy access to database and information regarding City units Ongoing access to policy documents, contracts, and collateral materials The ready availability of a City of Janesville contact to manage communications Efforts to streamline the approval process by identification of key participants The intent to identify a public relations and communications representative who will be responsible for providing the public with information about these projects’ successes 45 APPENDIX A PROPOSED PARTNERSHIP POLICY Appendix A CITY OF JANESVILLE POLICY FOR THE CORPORATE PARTNERSHIP & MARKETING PLAN Effective 2010 I. PURPOSE The purpose of this proposed policy statement is to provide guidelines for the development, implementation and management of the City of Janesville Corporate Sponsorship Program (“Program”), in order to ensure that all resultant partnership agreements support the City’s goals, while remaining responsive to the public’s needs and values. II. DEFINITIONS A. City Assets – Items of tangible and intangible value owned by the City, including facilities, vehicles, intellectual property, programs, activities, events, contracts, purchases, proposed capital improvements and the City’s positive reputation, image and market presence. B. Corporate Partnership & Marketing Plan (“Plan”) — The formal document that surveys City assets and identifies the opportunities and strategies to generate revenue, goods and services over a specified period of time. C. Corporate Partnership & Marketing Program –A comprehensive and integrated program that consists of Corporate Partnership & Marketing opportunities and strategies from the Plan that when implemented by the City will generate cash goods and services over a specified period of time. The Program will continue to evolve each year as new opportunities and strategies are implemented. D. Corporate Partnership – A mutually beneficial business arrangement between the City and a third party, wherein the third party provides cash, in-kind goods or services and/or other resources to the City in return for access to the commercial marketing opportunities and/or other benefits associated with the partner’s specified uses of City assets. These Corporate Partnerships may include Partnership of one or more of the City’s programs, projects, events, facilities or activities. E. Corporate Partnership Agreement – A written contractual relationship with a third party for a specified term, which clearly indicates the contribution, the contribution value, and the obligations of the third party in consideration for access and/or use of clearly identified City assets and any resulting obligations of the City. 1 F. Corporate Partnership Opportunity – Proposals by a third party, solicitation by the City or other satisfactory circumstances for a Corporate Partnership, which may or may not result in a Partnership Agreement. G. Request for Proposals – An open and competitive formal proposal process employed to give third parties the chance to express their interest in participating in Partnership opportunities with the City of Howard. All Requests for Proposals (“RFP”) will include a summary of the partnership opportunity, benefits for participation, and a description of the open and competitive procedure for expressing interest in participating in partnership opportunities. H. Corporate Partnership & Consultant (“Consultant”) — The Consultant will assist the City and its departments with the implementation of the Program. III. OBJECTIVES A. To establish guidelines for entering into Corporate Partnership Agreements with third parties who will adhere to the City’s commitment to deliver quality programs and services to all the residents of the City of Janesville. B. To generate revenue from Corporate Partnership Agreements that can be used to fund City programs, activities and services. C. To ensure that Corporate Partnership Agreements are consistent with and appropriate to the City’s mission and show sensitivity to the ethnic, cultural, and historic uniqueness of the City, while maximizing the revenues and public benefits they generate. D. To minimize the perception that the City has become commercialized or inappropriately subjected to advertising. IV. RESPONSIBILITY A. All Program activities will be coordinated by ______________________ or an appointed designee, with all Corporate Partnership Agreements approved by the City Council (“Council”). B. The ________________________________ will be responsible for: 1) Recommending appropriate marketing opportunities for approval by the Board; 2) Providing oversight and coordination of the Program; 3) Providing guidance to all City departments regarding the interpretation and application of this policy; 2 4) Providing assistance and advice to departments regarding Program activities and implementation, while maintaining the existing departmental responsibilities for program areas that may be included in the Program; 5) Reviewing and assisting in the development of Corporate Partnership Agreements; and 6) Assisting departments with administration and monitoring of all Corporate Partnership Agreements developed through the Program as requested. V. POLICY STATEMENT A. This Policy and the Program that developed under it will be consistent with the City Ordinance Code, the City Council Policy Manual and the City Policy & Procedure Manual. B. Corporate Partnership Agreements must abide by this Policy and support the mission and goals of the City. C. Corporate Partnership Agreements will not result in any loss of City jurisdiction or authority. D. The City will utilize an open and competitive selection process for the establishment of Corporate Partnership Agreements. E. The City is not bound to accept any offers for potential partnerships and may reject any or all such offers at its sole discretion. F. Companies whose business is substantially derived from the sale or manufacture of tobacco products or alcoholic beverages; sexually- oriented businesses; any other industry, business or product which the City determines, in its sole discretion, is not in the best interest of the City and/or not consistent with the goals of the Program will be excluded. (Any exceptions to the foregoing must be approved by the Board.) G. The City of Janesville accepts the principle that third parties may become partners with the City in the partnership of City-approved programs, projects, events, facilities or activities where such partnerships are mutually beneficial to both parties and in a manner consistent with all applicable policies and ordinances as described herein. In no event shall such a partner be considered an employee, agent, officer or servant of the City. H. City departments cannot accept gifts or unsolicited donations from prospective Corporate Partners. All revenues or benefits received must be in accordance with approved Corporate Partnership Agreements. 3 I. The City Council will approve all Corporate Partnership Agreements. VI. PROCEDURE A. The Consultant and the City will utilize procedures such as the following for developing, implementing and administering Corporate Partnership Agreements: 1) In coordination with_________________________________, the Consultant will identify potential partnership opportunities through internal review of assets or from third party interest and assess whether to proceed under the Program. 2) Consultant will, define the scope of the marketing partnerships, including a description of the community need, financial goals and general marketing strategy and specification of assets to be included. 3) Consultant will manage the implementation of the Corporate Partnership Agreement. Conduct ongoing administration of the Corporate Partnership Agreement to ensure both parties adhere to the requirements of the contract. B. All Corporate Partnership Agreements shall be formalized in a written contract. Contractual language shall be consistent with all applicable City policies and ordinances and good business practices, and will be approved by City Council. In general, Corporate Partnership Agreements will include: 1) Specified Term of Agreement 2) Renewal Options, if any 3) Consideration, such as: 1. Partnership Rights Fee 2. Commissions 3. In-kind Goods 4. In-kind Services 4) Description of Programs, Projects and Activities 5) Rights and Benefits of all parties 6) Termination Provisions 7) Provision of adequate insurance coverage and indemnity 4 APPENDIX B MEDIA SERVICES RFP REQUEST FOR PROPOSALS (“RFP) For MEDIA SERVICES, SPONSORSHIPS AND NAMING RIGHTS CITY OF JANESVILLE, WISCONSIN WITH THE ASSISTANCE OF ACTIVE NETWORK RFP # ________ (Date) A REQUEST FOR PROPOSAL (“RFP”) FOR THE SPONSORSHIP OF JANESVILLE’S MARKETING ACTIVITIES AND EXCLUSIVE MEDIA SERVICES REQUIREMENTS TABLE OF CONTENTS PAGE INTRODUCTION 2 SECTION I BACKGROUND/OVERVIEW 3 SECTION II RFP TIMETABLE 4 SECTION III MANDATORY PROPOSAL RESPONSE 4 REQUIREMENTS SECTION IV PROPOSAL SUBMISSION INSTRUCTIONS 7 SECTION V SCOPE OF WORK 8 SECTION VI AGREEMENT TERMS 9 SECTION VII KEY PERSONNEL 10 SECTION VIII OFFICE LOCATION/TRAVEL 10 SECTION IX TRADEMARKS AND PATENTS 10 SECTION X EVALUATION PROCESS AND CRITERIA 10 SECTION XI GENERAL TERMS AND CONDITIONS 11 Exhibits: Appendix A-City Properties Appendix B-Fee Proposal Appendix C-Program Description and Staffing Appendix D-Principal Questionnaire Form Appendix E-City Policies 1 INTRODUCTION Active Network (“Active”), on behalf of the City of Janesville, Wisconsin, (the “City”) is seeking proposals for a professional service provider who is experienced in internal and external Media Services, marketing and sponsorships to enter into an agreement (the “Agreement”) directly with the City. The City would request the chosen proposer (the “Proposer”) to solicit sponsorships and advertising for City wide events and initiatives with the objective of improving the quality of life and image of the communities served by the City. The selected Proposer would also be given the opportunity to provide the City’s media requirements on a non-exclusive basis. The City will strongly encourage any creative or non-traditional media forms that would meet the needs and standards of the City’s policies and interest. The Agreement may be for a ten-year period. This RFP and any agreement issued as a result of this RFP is intended to provide the City incremental revenue from commercial advertisements on outdoor furniture (digital signage and kiosks), banners, posters, bill boards, vehicles, refuse containers, websites, sponsorships and naming rights (collectively referred to as “Advertising Media”). The Proposer will provide for routine maintenance of all Advertising Media built or maintained by the Proposer. Advertising Media materials shall be designed to complement key areas of the City. The City would expect a percentage of the inventory will be granted for City marketing purposes and/or public notices. To the extent there are any existing Advertising Media materials, the Proposer will engage and maintain all existing advertising material the City has in place, if any, effective the start date of the agreement. With regard to refuse containers, commercial advertisement panels will be affixed to the containers at designated locations, adding aesthetic appeal to otherwise uninteresting “trash cans”. The locations of the commercial advertising structures (the “Commercial Advertising Structures”) shall be determined by the City with due consideration to the advice of the Proposer. Advertising Media is intended to be primarily non-public forums and any advertising displays are for purposes of generating revenue or for City marketing and are not for providing a forum for expression. Displays of noncommercial, alcohol/tobacco/adult oriented advertisements are strictly prohibited. As such, individual advertisers must first qualify and obtain permission to advertise and the burden is on the Proposer to make sure advertisements comply with City policy and guidelines. All advertisements must be in accordance with City policies attached as Appendix E. The Proposer shall provide the City with all necessary new installations, with the media affixed, within 12 months from the date of the execution of the Agreement. The City will only contract with Proposers that do not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, marital status, sexual orientation or citizenship status with respect to all employment decisions. Any questions regarding this RFP should be addressed to: Don Schulte Active Network Municipal Marketing 101 Main Street, Suite 280 Huntington Beach, CA 92648 Phone: 714.374.3330 ext. 5011 Fax: 714.200.0357 Don.Schulte@ActiveNetwork.com 2 Proposers are encouraged to joint venture or subcontract with other firms if necessary in order to best meet the scope of work. Proposers may submit proposals for all or portions of the Advertising Media. The City is willing to enter into agreements with multiple proposers. Section I—Background/Overview Janesville, population 61,310, is the county seat of Rock County and the principal municipality of the Janesville, Wisconsin Metropolitan Statistical Area. The city is located on the Rock River in the rolling hills, rich fields and verdant woodlands of scenic south central Wisconsin. From the time of its early settlement, residents have been committed to excellence in commerce, education, recreation, and culture. The City’s long history of strong industry and economic success has helped turn the city into a major commercial and industrial center for the State-Line area. Janesville is recognized for is its abundance of beautiful parks and recreational areas and is known as "Wisconsin's Park Place" or "City of Parks". Handy boat launches, numerous ball fields, playgrounds, two public golf courses, tennis courts, over 2,300 acres of parkland and 25+ miles of paved bike trail are just some of the amenities enjoyed by Janesville residents. There is a great interest in and dedication to the preservation of the historic character of homes and buildings in Janesville, and approximately 20% of Wisconsin's buildings listed on the National Register of Historic Places are located here. A commitment to excellence in culture includes lectures, exhibits, musical and theatrical performances. Janesville's largest employer is the Mercy Health System, followed by the Janesville School District. Other major employers include SSI Technologies, Bourns Automotive, Lab Safety Supply, a Simmons Bedding Company factory Swing'n'Slide, (a subsidiary of Playcore, Inc.) Hufcor and Gray's Brewing. Regional employers include Blain's Farm and Fleet, and Woodman's Food Market. The City wishes to enter into an agreement that will require the chosen Proposer to sponsor events and initiatives of the City. Examples of these include Main Street Entertainment Series, Youth Scholarship Program, “Recycling Away From Home” program, Bike Rodeo, and other special events and other programs. The financial support of the Proposer chosen will greatly help the City meet its objectives and mission to better serve the needs of the residents of and visitors to the City area. The second objective for awarding this contract is to develop an infrastructure to base City marketing and messaging at heavily trafficked points of access, City wide. The Agreement will also supply the City access to major brand advertising companies as well as local businesses that are interested in local marketing partnerships/sponsorships. The City wishes to develop this relationship and infrastructure and award a ten (10) year agreement to a Proposer that would best serve the City’s needs. The Proposer chosen would have to assure that all facilities are supplied with advertising units/materials necessary to provide appropriate presentation of all users of City facilities. Section II—RFP Timetable Written questions will be accepted and responses will be made available to all bidders. 3 1) Release Date of RFP (date) 2) Pre-proposal Conference Call (date) 3) Site Visitations Upon Request (date) 4) Written Inquiries Due Date (date) 5) Proposal Due Date (date) 6) Negotiations with Proposers (date) 7) Staff Recommendation (date) 8) City Awards the Agreement (date) Dates indicated above are subject to change at the sole discretion of the City. Section III—Mandatory Proposal Response Requirements All proposals must contain the following: 1. Completed Revenue Proposal Form attached as Appendix B containing a completed description of the fees proposed to be paid by Proposer. Fees shall be payable quarterly on the first day of February, May, August and November of each year of the Agreement. 2. Program Description and Staffing Form containing the information appearing on Appendix C — Program Description and Staffing. 3. Cover letter The cover letter shall include a summary of the Proposal, including a brief description of the Project Manager and key personnel. It shall make a commitment to accept the terms and conditions in the RFP, including acknowledgment of receipt of all amendments and/or addenda to the RFP. Any requests for exceptions should be noted in the cover letter and include alternatives where applicable. Exceptions will be submitted to the City Attorney for review. 4. Project Approach This section should demonstrate an understanding of the Scope of Work. It should describe the general approach, organization, and staffing. All sub-consultants and their roles should be identified. The Proposer shall include a matrix/summary identifying key personnel assigned to all phases of the Agreement. Each Proposer shall visit the City and submit with the Proposal a prototype or photograph of the proposed media, and a description of the proposed media target market. 5. Timeline The Proposer shall identify a projected timeline outlining the major steps of each component of the program, application of the media, and the estimated length of time required to complete each step. 4 6. Proposed Design of Commercial Advertising Structures The Proposer should describe its design concept for all furniture/hardware. Special consideration will be given to designs that feature lighting, unique and innovative designs (digital) and designs and/or designs that complement Janesville neighborhoods. Designs should shall meet American with Disabilities Act of 1990 (“ADA”), 42 U.S.C.A. §12131, et. seq., requirements. The final design shall be stamped by a Structural Engineer before they will be accepted by the City for approval. 7. Maintenance The Proposer shall submit a maintenance, repair, and replacement plan for all Commercial Advertising Structures, outdoor furniture and refuse containers. The Proposer shall provide a detailed maintenance cycle for these items. 8. Advertising Component The Proposer should describe the content of the advertising that will be allowed, in keeping with the City community standards. All advertisers will be pre-screened by the Proposer. In addition, the Proposer should describe the design and amount of advertising materials per location. 9. Requirements for Partnership Program Each person or entity submitting the Proposal must have the capability to provide the full range of required services as detailed in the Scope of Work for this RFP. If a team submits the Proposal, one person or entity must be designated as the lead. Previous professional work in the area will be a heavily weighted factor in the selection process. Quality of performance on previous agreements, ability to meet project schedules, ability to communicate well with both field staff and office personnel will be some of the attributes and factors considered. 10. The Proposal shall include the following information: a. Legal name of person or entity, address, telephone number, and fax number. b. Names, titles and resumes of the individuals that will be assigned to this project, including the project manager. c. Include the corporate history, years in business, applicable experience, size of corporation, and provide other relevant documentation. d. Current number of personnel and the high and low variations during the last five years. e. Description of the structure of the Proposer (i.e., whether an individual, partnership, corporation, joint venture, etc.). f. Marketing Support Revenue: Estimate of advertising, merchandising and promotional dollars for city special events. g. A proprietary financial statement (separately sealed and marked “confidential”). The statement should include a full detailed and audited presentation of the true condition, 5 including the last two fiscal years, of the Proposer’s assets, liabilities, and net worth. The statement should include balance sheets and income statements. h. A list of agreements with the City during the past five years, if any. i. The identification of the principal contact with the City. j. The name, address, and telephone number of the person to whom correspondence should be directed. k. A representative listing of all clients in the past ten years that have received similar service reviews as described in this RFP. l. References that the City may contact concerning the Proposer’s performance on all other similar agreements in the past ten years. Include project descriptions and year completed. m. At least two contact reference names per project, titles of contact references, e-mail addresses and phone numbers, including current client references. n. If the Proposer is a Minority, or Woman-Owned Business Enterprise, list of agencies with whom the Proposer is certified. If the Proposer is a MBE, or WBE not yet certified, please indicate. o. A list of all sub-consultants by company name, address, contact person, telephone number and project function and describe the Proposer’s experience working with each sub-consultant. p. An up to date Dun & Bradstreet report. Section IV—Proposal Submission Instructions The proposals must be signed by an individual who is authorized to bind the proposer to all commitments made in the proposal. The original and five (5) copies of the proposal, together with all attachments, must be submitted to the persons named below, in a sealed opaque envelope no later than 5:00 PM PST on _______ __, 2010. No telegraphic or facsimile proposals will be accepted. Any late proposals will be returned unopened. Interested parties are advised that the authorized contact person for this procurement is set forth below. No contact with any other City personnel other than the authorized contact person is allowed until such times as an award (or awards) has (have) been made. The City is under no obligation to respond to any question, inquiry or assertion that is not received in writing. Interested parties may contact the authorized contact person by telephone to advise that a fax transmission has been sent to the above number. Violation of these provisions may result in immediate disqualification. Proposers will submit all proposals and direct all responses, questions, and any other communications to the following authorized contact person: Don Schulte Active Network Municipal Marketing 101 Main Street, Suite 280 6 Huntington Beach, CA 92648 Phone: 714.374.3330 ext. 5011 Fax: 714.200.0357 Don.Schulte@ActiveNetwork.com With a copy to: (Name) (Title) City of Janesville Municipal Building 18 N. Jackson Street Janesville, WI 53548 (Phone) (Email) All responses to questions and other communications regarding this RFP are subject to approval of the City. Written response to this RFP is scheduled to be received by _______ __, 2010, no later than 5:00 PM PST at the above address. Please send the original and three (3) copies of your proposal to Don Schulte and one copy to (Name). Section V—Scope of Work A. General Scope: The purpose of this RFP is for the City to enter into an Agreement(s) with one or more professional service providers experienced in Out of Home Media, sponsorship/marketing/naming rights, partnerships, and digital/static advertising signage. The Agreement is intended to provide the City with incremental revenue from commercial 1 advertisements. In exchange for the permission to post certain commercial advertisements, the Proposer will provide for the routine maintenance of Commercial Advertising Structures. Commercial Advertising Structures are intended for purposes of generating revenue while also serving as a messaging system and promotional vehicle to promote City activities and events. The Proposer will make sure that all advertising complies with City policy and guidelines. The Proposer will provide the City with all new necessary installations of Commercial Advertising Structures within a mutually agreed timetable not to exceed 12 months from the date of design and location approval from the City. In addition, the Proposer will be responsible for the regular maintenance of the Advertising Media components including Commercial Advertising Structures, Outdoor Furniture, banners, posters, bill boards, refuse containers, websites, sponsorships and naming rights. The locations of the Commercial Advertising Structures shall be determined by mutual agreement between City and vendor. 1 “Commercial advertisements” is herein defined as advertisements that do no more than propose a commercial transaction. 7 B. Specific Scope: 1. Provide or procure marketing partnerships/sponsorships. Identify interior and exterior advertising signage that will include framed and unframed advertising on digital boards, refuse containers, banners, billboards, and interior and exterior walls. The key role of Proposer’s responsibilities shall be to identify locations (see Appendix A: City Property List) to manufacture, maintain and sell advertising on such displays. 2. Installation of all Commercial Advertising Structures at locations approved by the City. 3. Provide regular maintenance and cleaning of Commercial Advertising Structures. This includes sweeping, cleaning, and keeping all Commercial Advertising Structures free of graffiti, stickers, litter and debris. 4. Promptly remove or relocate any Commercial Advertising Structures within thirty (30) days of receiving written notification from the City and immediately if health and safety issues are presented. 5. Obtain prior written approval of the order specifications for signage from the City before placing the order for the materials. 6. Submit the commercial advertising prototype to the City for approval prior to installation on Commercial Advertising Structure. 7. Remove any media within twenty-four (24) hours of receiving written notification from City. 8. Compliance with all federal, state, City and local laws, ordinances, and requirements. 9. Provide repair or replacements for any damaged Commercial Advertising Structures owned or installed by the Proposer within a reasonable timeframe not to exceed 90 days of notification of such damage by the City or sooner if health and safety issues are presented. All repairs and replacements shall be the sole cost and responsibility of the Proposer. 10. Payment of an annual revenue fee, for each year, to the City. Each year’s revenue fee shall be paid in four equal installments. Section VI-Agreement Term Performance under the Agreement awarded pursuant to this RFP is intended to commence upon execution of an agreement and extend for a period of ten (10) years. The City reserves the right to renew this agreement for two 5 year periods prior to expiration of this agreement. The decision to renew will be at the sole discretion of the City. The City reserves the right to modify the composition of and the scope of services of this project. Nothing in this RFP shall be deemed to bind the City to any terms in any potential Agreement with a Proposer. The City reserves the right to modify the terms of this RFP in its sole discretion. 8 Section VII – Key Personnel The City reserves the right to approve all of the Proposer’s personnel assigned to the Agreement. The Proposal must identify the Project Manager and all proposed key personnel. The Proposal and Statement of Qualifications shall include an estimated weekly time table for all assigned personnel (those who report directly to the Sponsorship Project Manager). All key personnel must be named in the Proposal. After the Agreement is signed, the Proposer may not replace key staff without written approval by the City. The City must approve replacement staff before a substitute person is assigned to the team. The City reserves the right to request that the Proposer replace a staff person assigned to the Agreement, should the City consider that such a replacement would improve performance under such Agreement. Replacement staff will be subject to City approval prior to assignment to the team. Section VIII – Office Location/Travel It is not the City’s intention to house Proposer personnel in City facilities or offices; however, workspace necessary for acquiring information may be made available if necessary. The City will not reimburse the Proposer for personnel relocation under the Agreement. Specialty staff identified in the Proposal that are needed for specific assignments on the Agreement may, with advance City approval, be eligible for reimbursement for normal costs associated with travel outside their home office. The proposer needs to have a field office close enough to the City in order to do repairs in a timely manner and to respond quickly to maintenance requests. Section IX – Trademarks and Patents The Proposer shall include in the price of any bid any patent or trademark fees, royalties, and charges on any patented article, process designs, graphics, or artwork to be furnished or used in the prosecution of the work. Section X – Evaluation Process and Criteria A selection panel will be comprised of City staff from relevant departments. Each member of the selection panel will evaluate the Proposal using the evaluation criteria listed below and rank the Proposals. A. Overall qualifications of proposed team and experience in the required areas. Demonstrated prior experience with 30 Points Commercial Advertising Structures, marketing, and/or sponsorship B. Product management methodology and schedule 10 Points controls C. Project management acumen including ability to effectively work together with City staff, customers and 10 Points stakeholders D. Compensation to City 50 Points 9 The top ranked Proposers may be invited to participate further in the selection process in an oral interview. Presenters will be expected to participate to the degree commensurate with their role in the Proposer’s Proposal. Notification to those Proposers invited to the oral interview will include a time limit for the presentation. Section XI – General Terms and Conditions General Information 1. Incurring Cost. Neither the City nor Active shall be liable for any costs incurred in the preparation and production of a proposal in response to this RFP or for any work performed prior to the issuance of a contract. Each proposal prepared in response to this RFP will be prepared solely at the cost and expense of the proposer with the express understanding that there will be no claim whatsoever for reimbursement from the City or Active. 2. Rejection of Proposals. This RFP does not commit the City to award a contract, or to procure, or to contract for services or supplies. Notwithstanding any other provisions of this RFP, the City reserves the right to award this contract to the Proposer(s) that best meet the requirements of the RFP, and not necessarily to the lowest bidder. The City reserves the right to accept or reject any or all proposals received as a result of this request; to negotiate with all qualified sources; or to cancel in part or in its entirety this RFP if it is in the interests of the City to so do. The City may require the Proposer selected to participate in negotiation and to submit any price, technical, or other revisions, or their proposals as may result from negotiations. 3. Addenda to Request for Proposals. Amendments to this RFP may be necessary prior to the closing date and will be furnished by mail to all prospective Proposers who have requested these materials. 4. Contract Negotiations. The City intends to enter into contract negotiations with the firm or firms selected by the RFP Evaluation Committee, who shall be required to enter into a written contract or contracts (hereinafter, the “Contract”) with the City in a form approved by legal counsel for the City. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the Contract(s). The contract(s) may contain provisions not contained herein. The City reserves the right to negotiate the terms and conditions of the Contract(s) with the selected proposer(s), if any. These negotiations could include all aspects of services and fees. Neither the selection of a Proposer nor the negotiation of the Contract with such Proposer(s) shall constitute the City’s acceptance of the proposal or a binding commitment on behalf of the City to enter into a Contract with such Proposer(s), as any binding arrangement must be set forth in the Contract signed by both parties and is subject to all requisite approvals. 10 5. Additional Information. The City may award a contract based upon offers received without discussion of such offers with the Proposers. Each offer, therefore, should be submitted in the most favorable terms that the Proposers can offer the City from a price and technical standpoint. However, the City reserves the right to request additional data or oral discussions or presentations in support of written proposals from any and all of the Proposers. In addition, the City reserves the right to make on-site visits to the Proposer’s place of business to assess and/or evaluate Proposer’s qualifications. 6. Disclosure of Proposal Contents. The City will withhold proposals submitted under this RFP from disclosure, unless otherwise required by law, including, but not limited to, the Freedom of Information Law (“FOIL”). Proposers should indicate any information they feel is exempted from disclosure under FOIL. In the event that the City determines that information is required by applicable law to be disclosed, the City will notify the Proposer in advance of such disclosure to enable the Proposer to take such action as it deems appropriate. Copies of executed contracts are not exempt from FOIL. 7. Independent Price Determination and Gratuities: By submission of its offer, the Proposers certify (and in the case of a joint offer, each party thereto certifies as to its own organization) that, in connection with procurement: A. The prices in this offer have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matters relating to such prices with any other proposer or competitor; and B. Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the Proposers prior to award, directly or indirectly, to any other Proposer or competitor; and C. No attempt has been made nor will be made by the Proposer to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition; and D. No elected or appointed official or employee of the City shall benefit financially or materially from this contract. The City may terminate this contract if gratuities were offered or given by the Proposer or his or her agency to any such official or employee. 8. Ownership of Information: The City has the exclusive ownership and unlimited rights to use, disclose, or duplicate for any purpose whatsoever, all information, data designs, reports, documents, data, photographs and/or other materials produced pursuant to any Agreement developed by the Proposer under contract with the City. 9. Examination of Records: In submitting a proposal, the successful Proposer agrees that the City shall have access to and the right to examine directly all pertinent documents, papers and records of the Proposer and/or any sub-contractor as related to any contract and/or subcontract resulting from this RFP until six years after final payment has been made pursuant to any contract awarded as a result of the City’s acceptance of proposal. 11 10. Subcontracting: The successful Proposer will be responsible for the entire contract performance. The successful Proposer must indicate whether it intends to use a sub-contractor for any part of the work. If so, the successful Proposer shall identify each sub-contractor by name, business address and expertise, and must include the name(s) of the principal(s) of the subcontracting entity. A full description of the tasks to be performed by the sub-contractor must be included. The successful Proposer will not be permitted to subcontract any part of the contract or any of the rights and obligations hereunder without the prior written approval of the City. 11. Negotiated Changes: In the event that negotiated changes occur after the awarding of the contract, the same pricing policies called for in the original contracts will remain in effect. 12. Confidentiality: The Proposer agrees to observe the confidentiality provisions and prohibitions against redisclosure contained in all applicable Federal, State and local laws, rules and regulations, as such laws, rules and regulations may from time to time be amended, relating to records and information gathered, obtained, reviewed or developed in the performance of the resulting agreement; and further agrees to require each of its employees, partners and agents assigned to the performance of this agreement to observe such provisions. 13. Contractual Document: The proposal selected by the City for the award of an Agreement will become the basis for a legally binding contract between the City and the Proposer. However, the City reserves the right to modify any provision of this RFP and the successful proposal before a contract is executed by the City. 14. Disclosure: All organizations contracting with the City are required to disclose the names and home addresses of all principals. Disclosure must be provided as indicated by the type of ownership. A. Sole Proprietorship/Individual. The name and home address of the sole proprietor/individual. Sole ownership must be stated on the disclosure. B. Closely Held Corporation. The names and home addresses of all shareholders, officers and directors. C. Publicly Traded Corporation. Only the page(s) of the SEC Form 10-K setting forth the names of all officers and directors. D. Not for Profit Corporation. The names and home addresses of all members, officers and directors. E. Partnership. The names and home addresses of all general and limited partners. F. Limited Liability Company. The names and home addresses of all members. G. Limited Liability Partnership. The names and home addresses of all members. H. Joint Venture. The names and home addresses of all joint venturers. 12 15. Evaluation: Selection of a Proposer will be made after a careful evaluation of the proposals received by the Evaluation Committee. The Evaluation Committee will consist of representatives of the City Manager’s Office or various City departments, as appropriate. General Conditions for Contracts This Contract is entered into subject to the Charter and ordinances of the City of Janesville, as they may be amended from time to time, and is subject to and is to be construed, governed, and enforced under all applicable State of Wisconsin and federal laws. The parties to this contract agree and covenant that for all purposes, including performance and execution that this contract will be enforceable in Janesville, Wisconsin; and that if legal action is necessary to enforce this , contract, exclusive venue will lie in Rock CountyWisconsin. 1. The successful Proposer will assume all risk in the operation of the facility and shall comply with all Federal, State, and local laws and regulations and all rules, regulations and ordinances of the City affecting said premises in regard to all matters, and to indemnify and hold said City, Commissioners, Agents, Officers and Employees harmless from any claims arising out of any violation of any law, ordinance or regulation or any action taken by the successful Proposer under any potential agreement. 2. Any real property improvements, fixed assets, and fixtures become the property of Janesville upon termination of the contract or the end of the contract period. 3. The contract shall provide that in the event of any material misrepresentation by the Proposer contained in its proposal, City shall have the right to immediately terminate the agreement. It shall also provide that in the event the Proposer or any of its principals are convicted of a misdemeanor or felony during the term of the agreement, that the City shall also have the right to terminate the agreement. 4. The successful Proposer will expressly waive any and all claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency or impairment of the water supply system, drainage system, gas mains, electrical apparatus or wires furnished for the premises or by reason of any loss of any gas supply, water supply, heat or current which may occur from time to time from any cause, or for any loss or damage resulting from fire, water, tornado, hurricane, civil commotion or riot, and the successful Proposer will expressly release and discharge the City and its agents from any and all demands, claims, actions, and causes of action arising from any of the causes aforesaid. 5. The City reserves the right to conduct discussions with one or more proposers. No proposer shall have any rights against the City as a result of such discussions. City reserves the right to negotiate separately with any source whatsoever. The City waives the right to waive any irregularity in any proposal received or any other aspect of this procurement. 6. Each proposal prepared in response to this RFP will be proposed solely at the cost and expense of the proposer with the express understanding that there will be no claim whatsoever for reimbursement from the City. 7. Submission of a proposal in response to this RFP shall constitute an offer on the part of the successful proposer to execute a Contract substantially as described herein. 13 8. News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the City. 9. Disclaimer: The City and its respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP. Further, the City does not warrant nor make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or other facets of this RFP once it has been downloaded or printed from this or any server, and hereby disclaims any liability for technical errors or difficulties of any nature that may arise in connection with the Website on which this RFP is posted, or in connection with any other electronic medium utilized by respondents or potential respondents in connection with or otherwise related to the RFP. 14 Appendix A Janesville Properties TBD 15 Appendix B Fee Proposal Outline in detail all fees to be paid to the City. Fees should be broken down by sub-category within the Advertising Media classification. These subcategories include: Outdoor furniture, banners, posters, bill boards, vehicles, refuse containers, websites, sponsorships, naming rights and fixed digital displays. The undersigned hereby certifies his or her compliance with the following: “NON-COLLUSIVE PROPOSAL CERTIFICATION” By submission of this Proposal, each Proposer and each person signing on behalf of any other Proposer certifies, and in the case of a joint Proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief: A. The prices of this Proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor; and B. Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly, to any other Proposer or to any competitor; and C. No attempt has been made or will be made by the Proposer to induce any other person, partnership or corporation to submit or not to submit a Proposal for the purpose of restricting competition. D. The undersigned has carefully examined the Proposal and License Documents and agrees to perform this license and to provide all services, labor, material and equipment necessary for this license. SUBMITTED BY: _____________________________ (Signature) PRINT NAME_______________________________ DATE:____________ 16 Appendix C Program Description and Staffing Please provide a complete written description of the Proposal, including the following information: Staffing: Bios of firm principals as well as staff expected to be assigned to this project. Detail prior experience in the area of Media Services naming rights and sponsorships. Detail prior experience with public sector clients (similar size and scope). Detailed cover letter on the firm’s letterhead indicating EIN number and the name of the parties authorized to discuss and/or enter into negotiations with Janesville with respect this proposal. (USE ADDITIONAL SHEETS IF NECESSARY) APPROVED AND SUBMITTED BY: (Signature) PRINT NAME: ___________________________ DATE: 17 Appendix D Principal Questionnaire Form All questions on these questionnaires must be answered and the answers typewritten or printed in ink. If you need more space to answer any question, make as many photocopies of the appropriate page(s) as necessary and attach them to the questionnaire. COMPLETE THIS QUESTIONNAIRE CAREFULLY AND COMPLETELY. FAILURE TO SUBMIT A COMPLETE QUESTIONNAIRE MAY MEAN THAT YOUR PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE AND IT WILL NOT BE CONSIDERED FOR AWARD 1. Principal Name SSN ________________________________________ Date of birth _____/_____/_____ Home address City/state/zip Business address City/state/zip Telephone Other present address(es) City/state/zip Telephone List of other addresses and telephone numbers attached 2. Positions held in submitting business and starting date of each (check all applicable) President ____/____/____ Treasurer ____/____/____ Chairman of Board ____/____/____ Shareholder ____/____/____ Chief Exec. Officer ____/____/____ Secretary ____/____/____ Chief Financial Officer ____/____/____ Partner ____/____/____ Vice President ____/____/____ ______________ ____/____/____ (Other) 3. Do you have an equity interest in the business submitting the questionnaire? NO ___ YES ___ If Yes, provide details. 4. Are there any outstanding loans, guarantees or any other form of security or lease or any other type of contribution made in whole or in part between you and the business submitting the questionnaire? NO ___ YES ___ If Yes, provide details. 18 5. Within the past 3 years, have you been a principal owner or officer of any business or not- for-profit organization other than the one submitting the questionnaire? NO ___ YES ___; If Yes, provide details. 6. Has any governmental entity awarded any contracts to a business or organization listed in Section 5 in the past 3 years while you were a principal owner or officer? NO ___ YES ___ If Yes, provide details. NOTE: An affirmative answer is required below whether the sanction arose automatically, by operation of law, or as a result of any action taken by a government agency. Provide a detailed response to all questions checked "YES". If you need more space, photocopy the appropriate page and attach it to the questionnaire. 7. In the past (5) years, have you and/or any affiliated businesses or not-for-profit organizations listed in Section 5 in which you have been a principal owner or officer: a. Been debarred by any government agency from entering into contracts with that agency? NO _ YES ____ If Yes, provide details for each such instance. b. Been declared in default and/or terminated for cause on any contract, and/or had any contract cancelled for cause? NO ____ YES ___ If Yes, provide details for each such instance. c. Been denied the award of a contract and/or the opportunity to bid on a contract, including, but not limited to, failure to meet pre-qualification standards? NO ___ YES ___ If Yes, provide details for each such instance. d. Been suspended by any government agency from entering into any contract with it; and/or is any action pending that could formally debar or otherwise affect such business’s ability to bid or propose on contracts? NO ____ YES ___ If Yes, provide details for each such instance. 8. Have any of the businesses or organizations listed in response to Question 5 filed a bankruptcy petition and/or been the subject of involuntary bankruptcy proceedings during the past 7 years, and/or for any portion of the last 7 year period, been in a state of bankruptcy as a result of bankruptcy proceedings initiated more than 7 years ago and/or is any such business now the subject of any pending bankruptcy proceedings, whenever initiated? If ‘Yes’, provide details for each such instance. (Provide a detailed response to all questions checked "YES". If you need more space, photocopy the appropriate page and attach it to the questionnaire.) a. Is there any felony charge pending against you? NO ___ YES ___ If Yes, provide details for each such charge. b. Is there any misdemeanor charge pending against you? NO ____ YES ___ If Yes, provide details for each such charge. c. Is there any administrative charge pending against you? NO ____ YES ___ If Yes, provide details for each such charge. 19 d. In the past 10 years, have you been convicted, after trial or by plea, of any felony, or of any other crime, an element of which relates to truthfulness or the underlying facts of which related to the conduct of business? NO ___ YES ___ If Yes, provide details for each such conviction. e. In the past 5 years, have you been convicted, after trial or by plea, of a misdemeanor? NO ___ YES ___ If Yes, provide details for each such conviction. f. In the past 5 years, have you been found in violation of any administrative or statutory charges? NO ____ YES ___ If Yes, provide details for each such occurrence. 9. In addition to the information provided in response to the previous questions, in the past 5 years, have you been the subject of a criminal investigation and/or a civil anti-trust investigation by any federal, state or local prosecuting or investigative agency and/or the subject of an investigation where such investigation was related to activities performed at, for, or on behalf of the submitting business entity and/or an affiliated business listed in response to Question 5? NO ____ YES ___ If Yes, provide details for each such investigation. 10. In addition to the information provided, in the past 5 years has any business or organization listed in response to Question 5, been the subject of a criminal investigation and/or a civil anti-trust investigation and/or any other type of investigation by any government agency, including but not limited to federal, state, and local regulatory agencies while you were a principal owner or officer? NO ____ YES ___ If Yes; provide details for each such investigation. 11. In the past 5 years, have you or this business, or any other affiliated business listed in response to Question 5 had any sanction imposed as a result of judicial or administrative proceedings with respect to any professional license held? NO ____ YES ___ If Yes; provide details for each such instance. 12. For the past 5 tax years, have you failed to file any required tax returns or failed to pay any applicable federal, state or local taxes or other assessed charges, including but not limited to water and sewer charges? NO ____ YES ___ If Yes, provide details for each such year. CERTIFICATION A MATERIALLY FALSE STATEMENT WILLFULLY OR FRAUDULENTLY MADE IN CONNECTION WITH THIS QUESTIONNAIRE MAY RESULT IN RENDERING THE SUBMITTING BUSINESS ENTITY NOT RESPONSIBLE WITH RESPECT TO THE PRESENT PROPOSAL OR FUTURE PROPOSALS, AND, IN ADDITION, MAY SUBJECT THE PERSON MAKING THE FALSE STATEMENT TO CRIMINAL CHARGES. I, ___________________________, being duly sworn, state that I have read and understand all the items contained in the foregoing pages of this questionnaire and the following pages of attachments; that I supplied full and complete answers to each item therein to the best of my knowledge, information and belief; that I will notify the City in writing of any change in 20 circumstances occurring after the submission of this questionnaire and before the execution of the contract; and that all information supplied by me is true to the best of my knowledge, information and belief. I understand that the City will rely on the information supplied in this questionnaire as additional inducement to enter into a contract with the submitting business entity. Sworn to before me this day of 20010 __________________________________________ Notary Public Name of submitting business: ___________________ By: _______________________________________ Print name __________________________________________ Signature __________________________________________ Title _______/_______/________ Date 21 Appendix E City Policies TBD 22 APPENDIX C BEVERAGE & SNACK SERVICES RFP REQUEST FOR PROPOSALS (“RFP”) For BEVERAGE AND SNACK SERVICES CITY OF JANESVILLE, WISCONSIN WITH THE ASSISTANCE OF ACTIVE NETWORK RFP # ____ (Date) A REQUEST FOR PROPOSAL (“RFP”) FOR THE SPONSORSHIP OF THE CITY OF JANESVILLE’S MARKETING ACTIVITES AND EXCLUSIVE PROVISION OF ALL SODA, JUICE AND SNACK REQUIREMENTS TABLE OF CONTENTS PAGE INTRODUCTION 3 BACKGROUND/OVERVIEW 4 SECTION I RFP TIMETABLE 4 SECTION II MANDATORY PROPOSAL RESPONSE 5 REQUIREMENTS SECTION III PROPOSAL SUBMISSION INSTRUCTIONS 6 SECTION IV SCOPE OF WORK 7 SECTION V AGREEMENT TERMS 8 SECTION VI KEY PERSONNEL 8 SECTION VII OFFICE LOCATION/TRAVEL 8 SECTION VIII EVALUATION PROCESS AND CRITERIA 9 SECTION IX GENERAL TERMS AND CONDITIONS 9 SECTION X GENERAL CONDITIONS FOR CONTRACTS 11 APPENDICES: APPENDIX A - CORPORATE AND FACILITY PROFILE APPENDIX B - EXISTING VENDING LOCATIONS APPENDIX C - CITY ADVERTISING POLICIES APPENDIX D - REVENUE PROPOSAL FORM APPENDIX E - PROGRAM DESCRIPTION AND STAFFING FORM APPENDIX F - BUSINESS HISTORY FORM APPENDIX G - PRINCIPAL QUESTIONNAIRE FORM APPENDIX H- SPECIFIC REQUIREMENTS FOR VENDING MACHINES 2 INTRODUCTION The purpose of this RFP is for the City of Janesville, Wisconsin (The “City”), with the assistance of Active Network (“Active”), to enter into a long term agreement with a manufacturer/distributor or bottler (the “Proposer” or “Licensee”) who will provide an array of beverages and snack foods through vending machines, snack/café bars, mobile carts or trucks and possible food courts. The proposal should include a natural snack and beverage line. The City welcomes suggested alternate and improved locations that will better serve the Public and City employees. A creative approach in achieving these goals and maximizing revenue to the City is encouraged. Following are the site locations to be included: 1. City facilities (the “City Facilities”) include City Court Houses, Executive Office Buildings, Department of Public Works offices and maintenance garages, and other City Office Buildings. A full array of services should be contemplated and proposed including vending machines, snack bars and cafes, mobile carts and trucks and possible food carts along with pouring rights. (See Appendix “A” for complete list of City Facilities). 2. For the City Parks (the “Parks”) the rights offers a full array of services, including all vending machines, snack bars and cafés, mobile carts and trucks and possible stationary food carts along with pouring rights. (See Appendix A for complete list of City Facilities). The City desires to enter into a contract with a company that will: 1) provide food and beverages to staff and visitors at a reasonable cost; 2) provide a healthy food and beverage option; 3) provide a financial return to the City. Companies may propose and the City will consider entering into an ‘exclusive’ contract for one concession brand or may bifurcate the agreement between soft drinks and foods or in any other manner, if it is determined to be in the City’s best interest. The City does however, anticipate category exclusivity. Responses to this negotiated acquisition (“RFP”) will be evaluated by the City to determine its feasibility and likelihood of success in achieving the City’s goals. The City’s intent is to award a contract to a Licensee that is willing to provide the greatest support to the City’s initiatives. The City reserves the right not to award a contract if it determines that the responses to this RFP do not meet its needs or are not in the best interest of the City. The City will only contract with venders that do not discriminate against employees or applicants for employment because of race, color, national origin, sex, age, martial status, sexual orientation or citizenship status with respect to all employment decisions. BACKGROUND/OVERVIEW Janesville, population 61,310, is the county seat of Rock County and the principal municipality of the Janesville, Wisconsin Metropolitan Statistical Area. The city is located on the Rock River in the rolling hills, rich fields and verdant woodlands of scenic south central Wisconsin. From the time of its early settlement, residents have been committed to excellence in commerce, education, recreation, and culture. The City’s long history of strong industry and economic success has helped turn the city into a major commercial and industrial center for the State-Line area. 3 Janesville is recognized for is its abundance of beautiful parks and recreational areas and is known as "Wisconsin's Park Place" or "City of Parks". Handy boat launches, numerous ball fields, playgrounds, two public golf courses, tennis courts, over 2,300 acres of parkland and 25+ miles of paved bike trail are just some of the amenities enjoyed by Janesville residents. There is a great interest in and dedication to the preservation of the historic character of homes and buildings in Janesville, and approximately 20% of Wisconsin's buildings listed on the National Register of Historic Places are located here. A commitment to excellence in culture includes lectures, exhibits, musical and theatrical performances. Janesville's largest employer is the Mercy Health System, followed by the Janesville School District. Other major employers include SSI Technologies, Bourns Automotive, Lab Safety Supply, a Simmons Bedding Company factory Swing'n'Slide, (a subsidiary of Playcore, Inc.) Hufcor and Gray's Brewing. Regional employers include Blain's Farm and Fleet, and Woodman's Food Market. The City wishes to enter into an agreement that will require the chosen Proposer to sponsor events and initiatives of the City. Examples of these include Main Street Entertainment Series,Youth Scholarship Program, “Recycling Away From Home” program, Bike Rodeo, and other special events and other programs. The financial support of the Proposer chosen will be a factor in making an award. SECTION I—RFP TIMETABLE Written questions will be accepted and responses will be made available to all bidders. 1) Release date of RFP (date) 2) Pre-proposal /Conference Calls (date) 3) Site Visitations upon Request (start date) (date) 4) Written Questions & and Request for Clarifications (date) 5) Proposals Due (date) 6) Negotiations with Proposers Week of (date) 7) Staff Recommendation Week of (date) 8) City Awards the Agreement (date) 9) Execution (roll-out) (date) Dates indicated above are subject to change at the sole discretion of the City. 4 SECTION II—MANDATORY PROPOSAL RESPONSE REQUIREMENTS All proposals must contain the following: Completed Revenue Proposal Form 1) attached as Appendix D containing a complete description of the fees proposed to be paid by Proposer as follows: .Flat Fee/Non Vending machine activities a: Licensee shall pay a guaranteed annual flat fee. Phased in increases during the term of the agreement are encouraged. Said fee shall be payable in twelve (12) monthly installments due on the first day of each month, of each license year. All payments shall be subject to a late fee of two percent (2%) per month if late more than fifteen (15) days. . Vending Machine Flat Fee: bLicensee shall pay a minimum flat fee per month for . each vending machine at the licensed premisesPhased in increases during the term . of the agreement are encouragedSaid fee shall be payable in twelve monthly installments due on the first day of each month of each license year. All payments shall be subject to a late fee of two percent (2%) per month if late more than fifteen (15) days. Percentage of Gross Receipts: c. A percentage of gross receipts as offered by proposer. Said payments shall be payable in twelve monthly installments and remitted not later than the fifteenth of every month in arrears for the prior month for each month of each license year. All payments shall be subject to a late fee of two percent (2%) per month if late more than fifteen (15) days. The fee offer should state the highest sum that the proposer is prepared to pay as a license fee. A phased in percentage, increasing to a maximum figure, will be considered to help defray the start-up costs. Gross receipts will include all proceeds received from all activities including, but not limited to, food, beverage and vending machines, snack bars/café, mobile carts or trucks and possible food courts and excluding taxes and gratuities. The response should provide your best estimates of gross receipts by year. License fee shall be applicable to complimentary events based upon retail value of event. th On or before the fifteenth (15) day following each month of each license year, Licensee shall submit to Parks, in a form reasonably satisfactory to Parks, a statement of Gross Receipts, signed and verified by an officer of Licensee, reporting any Gross Receipts generated under the License Agreement during the preceding month. Licensee shall also submit a summary report of Gross Receipts for each year no later than January 31 of each year of this License. Each of the reports referenced in each preceding two sentences shall report the Gross Receipts generated at the Licensed Premises from all sources of revenue realized from the Licensee’s operation of the Licensed Premises. Licensee shall indicate on its statement of Gross Receipts whether or not these amounts are inclusive of sales tax collected. d. Capital Improvement Investment: Licensee may elect to make Capital Improvements subject to the City’s approval and consistent with City Department of Public Works guidelines. . Program Description and Staffing Form 2) containing the information appearing on Appendix E — Program Description and Staffing. The cover letter shall include a summary of the Proposal, including a brief description of the Project Manager and key personnel. It shall make a commitment to accept the terms and conditions in the RFP, including acknowledgment of receipt of all amendments and/or addenda to the RFP. Any requests for exceptions should be 5 noted in the cover letter and include alternatives where applicable. Exceptions will be submitted to the City Attorney for review. This section should demonstrate an understanding of the Scope of Work. It should describe the general approach, organization, and staffing. All sub-consultants and their roles should be identified. The Proposer shall include a matrix/summary identifying key personnel assigned to all phases of the Agreement. Timeline 3) The Proposer shall identify a projected timeline outlining the major steps of each component of the program, application of the media, and the estimated length of time required to complete each step. Requirements for Program 4) Each person or entity submitting the Proposal must have the capability to provide the full range of required services as detailed in the Scope of Work for this RFP. If a team submits the Proposal, one person or entity must be designated as the lead. Experience 5) Previous professional work in the area will be a heavily weighted factor in the selection process. Quality of performance on previous agreements, ability to meet project schedules, ability to communicate well with both field staff and office personnel will be some of the attributes and factors considered. 6) A completed Business History Form, attached as Appendix F. 7) A completed Principal Questionnaire Form, attached as Appendix G. SECTION III - PROPOSAL SUBMISSION INSTRUCTIONS The proposals must be signed by an individual who is authorized to bind the proposer to all commitments made on the proposal. The original and five (5) copies of your proposal, together with all attachments, must be submitted to the persons named below, in a sealed opaque envelope no later than 5:00 PM PST on _______ __, 2010. No telegraphic or facsimile proposals will be accepted. Any late proposals will be returned unopened. Interested parties are advised that the authorized contact person for this procurement is set forth below. No contact with any other City personnel other than the authorized contact person is allowed until such times as an award (or awards) has (have) been made. The City is under no obligation to respond to any question, inquiry or assertion that is not received in writing. Interested parties may contact the authorized contact person by telephone to advise that a fax transmission has been sent to the above number. Violation of these provisions may result in immediate disqualification. Proposers will submit all proposals and direct all responses, questions, and any other communications to the following authorized contact person: Don Schulte Active Network Municipal Marketing 101 Main Street, Suite 280 6 Huntington Beach, CA 92648 Phone: 714.374.3330 ext. 5011 Fax: 714.200.0357 Don.Schulte@ActiveNetwork.com With a copy to: (Name) (Title) City of Janesville Municipal Building 18 N. Jackson Street Janesville, WI 53548 (Phone) (Email) All responses to questions and other communications regarding this RFP are subject to approval of the City. SECTION IV-SCOPE OF SERVICE General Scope The Active Network, on behalf of the City of Janesville, Wisconsin (the “City”) is seeking to enter into a long term agreement with a manufacturer/distributor and/or bottler of soft drinks, fruit juices and water and a distributor of snack foods. The City will consider entering into an exclusive agreement. The selected Licensee must provide a healthy snack/beverage/juice option as a major component. . The City is also interested in expanding and improving locations, service and products for both the public and City employees. The City guidelines for advertising/sponsorship are set forth at Appendix C. Proposers are encouraged to joint venture or subcontract with other firms in order to best meet the scope of work. Specific requirements for vending machines are set forth at Appendix H. Specific Scope All goods, equipment, supplies and all other products necessary for correct operation, 1) shall be supplied by the Licensee, who shall be responsible for all repairs. Licensee is responsible to supply all necessary food service equipment required to 2) operate a full service food and beverage operation The Licensee shall be obligated to keep and maintain the designated food and 3) servicing locations in a clean and sanitary condition at all times, including the counters, equipment, tables, chairs and floors. Extermination services shall also be the responsibility of the Licensee. Heavy greases and oils shall be disposed of by use of Special Containers and MUST NOT be poured into kitchen or slop sinks The Licensee shall not make any alterations, additions, or interior decorations in the 4) premises or replace or remove any equipment, machinery or apparatus, unless approved by the Commissioner of the area involved or designee in writing. If the Licensee should fail to make repairs, or replacement of such equipment, then, the City or its representative will be authorized to cause the necessary repairs and/or replacements to be made at the cost and expense to the Licensee. Any approved alterations or modifications to existing areas must meet all applicable Fire and Building Codes and be ADA compliant/ Plans and specifications for all new equipment will be submitted to the City for approval before being delivered to or installed on 7 premises, and the installation shall be subject to inspection and approval of and by the City Title to equipment provided by the Licensee shall remain with the Licensee and such 5) equipment shall be removed by the Licensee at the termination of this agreement, except as may be otherwise provided herein. Should any property remain in the premises after such expiration or termination, the City shall notify the Licensee to remove such property within ten (10) days from the date of such writing and if Licensee should fail to remove such property, the City may deal with such as though same had been abandoned and charge all costs and expenses incurred in the removal thereof to the Licensee. The Licensee’s obligation to observe and perform all the terms covenants, and conditions of the agreement shall survive the expiration or other termination thereof. If Licensee’s equipment is removed, the Licensee shall return all premises to their original condition to the satisfaction of the City Schedule of the operating hours and places where food and beverages are to be 6) provided by the Licensee herein, shall be prepared by the Licensee prior to the execution of any agreement and shall be subject to the approval of the Commissioner of the Department or designee. The Licensee agrees that all of its operations shall be conducted in accordance with such schedule and any modification thereof shall be approved by the Commissioner of the Department or designee. Signs indicating hours open to the public shall be provided by the Licensee and placed in public view and are subject to prior approval by the Department. It is understood and agreed that the common aim and purpose of the parties hereto is to provide the patrons of the Department with the opportunity to purchase quality food and beverage items when utilizing these park facilities The Licensee shall provide sufficient custodial staff as deemed adequate by the 7) Commissioner to comply with any/all standards. The Licensee shall dispose of all rubbish and garbage in covered metal receptacles and shall place them when filled, in areas convenient for the City pickup, or when City dumpsters are provided, empty said receptacles into these containers. Garbage can containers shall be immediately washed, steamed or cleaned by other suitable means and properly stored after emptying Menu: The Licensee should submit a menu with the proposal, along with scheduled 8) hours of operation. All items and prices will be subject to the Department’s approval. The food and service provided must be of high quality yet affordable. Proposers should include some low-cost food items on their menus, such as hamburgers, hotdogs, salads, and other “healthy items.” The Licensee will remove all rubbish generated by the site, according to a plan 9) approved by the Department. The Licensee will be responsible for cleaning the licensed premises. The Licensee will provide garbage cans approved by the Department and will be responsible for the daily emptying of the cans by a private carter. The Licensee must comply with all City, State, and Federal regulations regarding recycling. Proposers should submit a detailed plan for removal of rubbish generated by the concession. The Licensee’s plan for garbage storage must be approved by the Department. The Licensee must keep all signs and structures free of graffiti. 10) The City would give preference to Proposers who are willing to participate in 11) sponsoring City wide events and initiatives. The objective is to improve and provide programs and attractions that will appeal to constituents and tourists Proposers are encouraged to identify new opportunities for food and beverage 12) distribution, location and Product Content of Vending Machines All vending machines must comply with Federal, State, and local municipal rules, 13) regulations and laws. The City shall have the right to review and must approve location and content of all vending machines placed in the City facilities 8 Electric Outlets: The City shall be responsible for the maintenance and installation of 14) electric outlets The Licensee must submit a plan for maintenance of vending machines, product 15) distribution, refund policy and guaranteed response time to fix broken and fill empty machines. The Licensee must submit a proposal for custom vending fronts, use of City logos, 16) and joint promotional and marketing campaigns SECTION V-AGREEMENT TERM Performance under the Agreement awarded pursuant to this RFP is intended to commence upon execution of an agreement and extend for a period of ten (10) years. The City reserves the right to renew this agreement for an additional 5 year period prior to expiration of this agreement. The decision to renew will be at the sole discretion of the City. The City reserves the right to modify the composition of and the scope of services of this project. Nothing in this RFP shall be deemed to bind the City to any terms in any potential Agreement with a Proposer. The City reserves the right to modify the terms of this RFP in its sole discretion. SECTION VI – KEY PERSONNEL The City reserves the right to approve all of the Proposers personnel assigned to the Agreement. The Proposal must identify the Project Manager and all proposed key personnel. The Proposal and Statement of Qualifications shall include an estimated weekly time table for all assigned personnel (those who report directly to the Project Manager). SECTION VII – OFFICE LOCATION/TRAVEL It is not the City’s intention to house Proposer personnel in City facilities or offices; however, workspace necessary for acquiring information may be made available if necessary. The City will not reimburse the Proposer for personnel relocation under the Agreement. Specialty staff identified in the Proposal that are needed for specific assignments on the Agreement may, with advance City approval, be eligible for reimbursement for normal costs associated with travel outside their home office. The proposer needs to have a field office close enough to the City in order to do repairs in a timely manner and to respond quickly to maintenance requests. SECTION VIII - EVALUATION PROCESS AND CRITERIA The evaluation committee shall be comprised of a minimum of 5 (five) persons qualified to evaluate the components of this solicitation. The committee shall evaluate and rate proposals applying the following evaluation criteria: A. Total financial commitment - (65%) B. The vendor’s proposal in the following areas: (35%) (i) Ability to provide a rapid response to broken and empty machines 9 (ii) Prices offered to the City for its purchase of juices and soda. (iii) The Vendor’s proposal for custom vending fronts, joint marketing campaign, and use of City logos, themes, and trademarks. The Agreement shall be awarded to the highest rated Vendor based on the evaluation factors set forth in the RFP subject to the City’s right to reject all proposals. SECTION IX – GENERAL TERMS AND CONDITIONS 1) Incurring Cost. Neither the City nor Active shall be liable for any costs incurred in the preparation and production of a proposal in response to this RFP or for any work performed prior to the issuance of a contract. Each proposal prepared in response to this RFP will be prepared solely at the cost and expense of the proposer with the express understanding that there will be no claim whatsoever for reimbursement from the City or Active. 2) Rejection of Proposals. This RFP does not commit the City to award a contract, or to procure, or to contract for services or supplies. Notwithstanding any other provisions of this RFP, the City reserves the right to award this contract to the Proposer(s) that best meet the requirements of the RFP, and not necessarily to the lowest bidder. The City reserves the right to accept or reject any or all proposals received as a result of this request; to negotiate with all qualified sources; or to cancel in part or in its entirety this RFP if it is in the interests of the City to so do. 3) Addenda to Request for Proposals. Amendments to this RFP may be necessary prior to the closing date and will be furnished by mail to all prospective Proposers who have requested these materials. 4) Contract Negotiations. The City intends to enter into contract negotiations with the firm or firms selected by the RFP Evaluation Committee, who shall be required to enter into a written contract or contracts (hereinafter, the “Contract”) with the City in a form approved by legal counsel for the City. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the Contract(s). The contract(s) may contain provisions not contained herein. 5) The City reserves the right to negotiate the terms and conditions of the Contract(s) with the selected proposer(s), if any. These negotiations could include all aspects of services and fees. Neither the selection of a Proposer nor the negotiation of the Contract with such Proposer(s) shall constitute the City’s acceptance of the proposal or a binding commitment on behalf of the City to enter into a Contract with such Proposer(s), as any binding arrangement must be set forth in the Contract signed by both parties and is subject to all requisite approvals 6) Additional Information. The City may award a contract based upon offers received without discussion of such offers with the Proposers. Each offer, therefore, should be submitted in the most favorable terms that the Proposers can offer the City from a price and technical standpoint. However, the City reserves the right to request additional data or oral discussions or presentations in support of written proposals from any and all of the Proposers. In addition, the City reserves the right to make on- site visits to the Proposers place of business to assess and/or evaluate Proposers qualifications 7) Disclosure of Proposal Contents. The City will withhold proposals submitted under this RFP from disclosure, unless otherwise required by law, including, but not limited to, the Freedom of Information Law (“FOIL”). Proposers should indicate any information they feel is exempted from disclosure under FOIL. In the event that the 10 City determines that information is required by applicable law to be disclosed, the City will notify the Proposer in advance of such disclosure to enable the Proposer to take such action as it deems appropriate. Copies of executed contracts are not exempt from FOIL. 8) Independent Price Determination and Gratuities: By submission of its offer, the Proposers certify (and in the case of a joint offer, each party thereto certifies as to its own organization) that, in connection with procurement a) The prices in this offer have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matters relating to such prices with any other proposer or competitor; and b) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the Proposers prior to award, directly or indirectly, to any other Proposer or competitor; and c) No attempt has been made nor will be made by the Proposer to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition; and d) No elected or appointed official or employee of the City shall benefit financially or materially from this contract. The City may terminate this contract if gratuities were offered or given by the Proposer or his or her agency to any such official or employee. 9) Ownership of Information: The City has the exclusive ownership and unlimited rights to use disclose, or duplicate for any purpose whatsoever, all information, data designs, reports, documents, data, photographs and/or other materials produced pursuant to any Agreement developed by the Proposer under contract with the City. 10) Examination of Records: In submitting a proposal, the successful Proposer agrees that the City shall have access to and the right to examine directly all pertinent documents, papers and records of the Proposer and/or any sub-contractor as related to any contract and/or subcontract resulting from this RFP until six years after final payment has been made pursuant to any contract awarded as a result of the City’s acceptance of proposal. 11) Subcontracting: The successful Proposer will be responsible for the entire contract performance. The successful Proposer must indicate whether it intends to use a sub- contractor for any part of the work. If so, the successful Proposer shall identify each sub-contractor by name, business address and expertise, and must include the name(s) of the principal(s) of the subcontracting entity. A full description of the tasks to be performed by the sub-contractor must be included. The successful Proposer will not be permitted to subcontract any part of the contract or any of the rights and obligations hereunder without the prior written approval of the City. 12) Negotiated Changes: In the event that negotiated changes occur after the awarding of the contract, the same pricing policies called for in the original contracts will remain in effect. 13) Confidentiality: The Proposer agrees to observe the confidentiality provisions and prohibitions against redisclosure contained in all applicable Federal, State and local laws, rules and regulations, as such laws, rules and regulations may from time to time be amended, relating to records and information gathered, obtained, reviewed or developed in the performance of the resulting agreement; and further agrees to require each of its employees, partners and agents assigned to the performance of this agreement to observe such provisions 14) Contractual Document: The proposal selected by the City for the award of an Agreement will become the basis for a legally binding contract between the City and the Proposer. However, the City reserves the right to modify any provision of this RFP and the successful proposal before a contract is executed by the City 11 15) Disclosure: All organizations contracting with the City are required to disclose the names and home addresses of all principals. Disclosure must be provided as indicated by the type of ownership a) Sole Proprietorship/Individual. The name and home address of the sole proprietor/individual. Sole ownership must be stated on the disclosure b) Closely Held Corporation. The names and home addresses of all shareholders, officers and directors c) Publicly Traded Corporation. Only the page(s) of the SEC Form 10-K setting forth the names of all officers and directors. d) Not for Profit Corporation. The names and home addresses of all members, officers and directors e) Partnership. The names and home addresses of all general and limited partners f) Limited Liability Company. The names and home addresses of all members g) Limited Liability Partnership. The names and home addresses of all members h) Joint Venture. The names and home addresses of all joint venturers SECTION X - GENERAL CONDITIONS FOR CONTRACTS This Contract is entered into subject to the Charter and ordinances of the City of Janesville, as they may be amended from time to time, and is subject to and is to be construed, governed, and enforced under all applicable State of Wisconsin and federal laws. The parties to this contract agree and covenant that for all purposes, including performance and execution that this contract will be enforceable in Janesville, Wisconsin; and that if legal action is necessary to enforce this contract, exclusive venue will lie in Rock County, Wisconsin. 1) The successful Proposer will assume all risk in the operation of the facility and shall comply with all Federal, State, and local laws and regulations and all rules, regulations and ordinances of the City affecting said premises in regard to all matters, and to indemnify and hold said City, Commissioners, Agents, Officers and Employees harmless from any claims arising out of any violation of any law, ordinance or regulation or any action taken by the successful Proposer under any potential agreement. 2) Any real property improvements, fixed assets, and fixtures become the property of The City upon termination of the contract or the end of the contract period 3) The contract shall provide that in the event of any material misrepresentation by the Proposer contained in its proposal, City shall have the right to immediately terminate the agreement. It shall also provide that in the event the Proposer or any of its principals are convicted of a misdemeanor or felony during the term of the agreement, that the City shall also have the right to terminate the agreement. 4) The successful Proposer will expressly waive any and all claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency or impairment of the water supply system, drainage system, gas mains, electrical apparatus or wires furnished for the premises or by reason of any loss of any gas supply, water supply, heat or current which may occur from time to time from any cause, or for any loss or damage resulting from fire, water, tornado, hurricane, civil commotion or riot, and the successful Proposer will expressly release and discharge the City and its agents from any and all demands, claims, actions, and causes of action arising from any of the causes aforesaid. 12 5) The City reserves the right to conduct discussions with one or more Proposers. No proposer shall have any rights against the City as a result of such discussions. City reserves the right to negotiate separately with any source whatsoever. The City waives the right to waive any irregularity in any proposal received or any other aspect of this procurement 6) Each proposal prepared in response to this RFP will be proposed solely at the cost and expense of the proposer with the express understanding that there will be no claim whatsoever for reimbursement from the City 7) News releases or other public announcements relating to this RFP shall not be made by any party receiving this RFP without the prior written approval of the City Disclaimer: The City and its respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFP. Further, the City does not warrant nor make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or other facets of this RFP once it has been downloaded or printed from this or any server, and hereby disclaims any liability for technical errors or difficulties of any nature that may arise in connection with the Website on which this RFP is posted, or in connection with any other electronic medium utilized by respondents or potential respondents in connection with or otherwise related to the RFP. 13 APPENDIX A CORPORORATE AND FACILITY PROFILE TBD 14 APPENDIX B EXISTING VENDING LOCATIONS TBD 15 APPENDIX C CITY ADVERTISING POLICIES TBD 16 APPENDIX D - REVENUE PROPOSAL FORM Section I Flat Fee (Non Vending Machine Activities) Flat Fee/Non Vending machine activities : Licensee shall pay a guaranteed annual flat fee. Phased in increases during the term of the agreement are encouraged. Said fee shall be payable in twelve (12) monthly installments due on the first day of each month, of each license year. All payments shall be subject to a late fee of two percent (2%) per month if late more than fifteen (15) days Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Section II Vending Machine Flat Fee Licensee shall pay a minimum flat fee per month for each . vending machine at the licensed premisesPhased in increases during the term of the agreement . are encouragedSaid fee shall be payable in twelve monthly installments due on the first day of each month of each license year. All payments shall be subject to a late fee of two percent (2%) per month if late more than fifteen (15) days. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Section III Percentage of Gross Receipts A percentage of gross receipts as offered by proposer. Said payments shall be payable in twelve monthly installments and remitted not later than the fifteenth of every month in arrears for the prior month for each month of each license year. All payments shall be subject to a late fee of two percent (2%) per month if late more than fifteen (15) days. The fee offer should state the highest sum that the proposer is prepared to pay as a license fee. A phased in percentage, increasing to a maximum figure, will be considered to help defray the start-up costs. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 17 Section IV Capital Improvement Investments. Licensee may elect to make Capital Improvements subject to the City’s approval. Brief Scope of Work Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Section V Total Revenue Proposal (combine the totals in Sections I, II, III, IV) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Total Revenue Proposal: ________________ Approved and Submitted By: _____________________________________ (Signature) PRINT NAME: _________________________________________ Date____________ The undersigned hereby certifies his or her compliance with the following: “NON-COLLUSIVE PROPOSAL CERTIFICATION” By submission of this Proposal, each Proposer and each person signing on behalf of any other Proposer certifies, and in the case of a joint Proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief: 1) The prices of this Proposal have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Proposer or with any competitor; and 2) Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the Proposer prior to opening, directly or indirectly, to any other Proposer or to any competitor; and 3) No attempt has been made or will be made by the Proposer to induce any other person, partnership or corporation to submit or not to submit a Proposal for the purpose of restricting competition 4) The undersigned has carefully examined the Proposal and License Documents and agrees to perform this license and to provide all services, labor, material and equipment necessary for this license SUBMITTED BY: _____________________________ (Signature) PRINT NAMEDATE : _____________________________:___________________ 18 APPENDIX E PROGRAM DESCRIPTION AND STAFFING FORM Please provide a complete written description of the Proposal, including the following information: Staffing: Bios of firm principals as well as staff expected to be assigned to this project. 1) Detail prior experience in the area of compensation consulting. 2) Detail prior experience with public sector clients (similar size and scope). 3) Detailed cover letter on the firm’s letterhead indicating EIN number and the name of 4) the parties authorized to discuss and/or enter into negotiations with The City with respect this proposal. Legal name of person or entity, address, telephone number and fax number. 5) Names, titles and resumes of the individuals that will be assigned to this project, 6) including the project manager Include the corporate history, years in business, applicable experience, size of 7) corporation, and provide other relevant documentation Current number of personnel and the high and low variations during the last five years 8) Description of the structure of the Proposer (i.e., whether an individual, partnership, 9) corporation, joint venture, etc.) Marketing Support Revenue: Estimate of advertising, merchandising and promotional 10) dollars for City special events A proprietary financial statement (separately sealed and marked “confidential”) The 11) statement should include a full detailed and audited presentation of the true condition, including the last two fiscal years, of the Proposers assets, liabilities, and net worth. The statement should include balance sheets and income statements. A list of agreements with the City during the past five years, if any 12) The identification of the principal contact with the City 13) The name, address, and telephone number of the person to whom correspondence 14) should be directed A representative listing of all clients in the past ten years that have received similar 15) service reviews as described in this RFP References that the City may contact concerning the Proposers performance on all 16) other similar agreements in the past ten years. Include project descriptions and year completed At least two contact reference names per project, titles of contact references, e-mail 17) addresses and phone numbers, including current client references 19 If the Proposer is a Minority, or Woman-Owned Business Enterprise, list of agencies 18) with whom the Proposer is certified. If the Proposer is a MBE, or WBE not yet certified, please indicate A list of all sub-consultants by company name, address, contact person, telephone 19) number and project function and describe the Proposers experience working with each sub-consultant Proposer must supply a current Dun & Bradstreet Rep 20) (USE ADDITIONAL SHEETS IF NECESSARY) APPROVED AND SUBMITTED BY: _________________________________ (Signature) PRINT NAME: ___________________________ DATE: ___________________ 20 APPENDIX F BUSINESS HISTORY FORM The U&O Permit shall be awarded to the responsible proposer who, at the discretion of the City, taking into consideration the reliability of the proposer and the capacity of the proposer to perform the services required by the City, offers the best value to the City and who will best promote the public interest. In addition to the submission of proposals, each proposer shall complete and submit this questionnaire. The questionnaire shall be filled out by the owner of a sole proprietorship or by an authorized representative of the firm, corporation or partnership submitting the Proposal. (USE ADDITIONAL SHEETS IF NECESSARY TO FULLY ANSWER THE FOLLOWING QUESTIONS). Date: _________________________ 1) Proposers Legal Name: 2) Address of Place of Business: List all other business addresses used within last five years: 3) Mail Address (if different): Phone: Does the business own or rent its facilities? 4) Federal I.D. Number or Social Security Number: 5) Dun and Bradstreet number: 6) The proposer is a (check one): ____ Sole Proprietorship ____ Partnership ____ Corporation ___ Other (Describe) 7) Does this business share office space, staff, equipment or expenses with any other business? Yes ___ No ___ If Yes, please provide details: 8) Does this business control one or more other businesses? Yes __ No __ If Yes, please provide details: 21 9) Does this business have one or more affiliates, and/or is it a subsidiary of, or controlled by, any other business? Yes ___ No ___ If Yes, provide details. 10) Has the proposer ever had a bond or surety cancelled or forfeited, or a contract with The City of Janesville or any other government entity terminated? Yes __ No ___ If Yes, state the name of bonding agency, (if a bond), date, amount of bond and reason for such cancellation or forfeiture: or details regarding the termination (if a contract). 11) Has the proposer, during the past seven years, been declared bankrupt? Yes __ No __ If Yes, state date, court jurisdiction, amount of liabilities and amount of assets: 12) In the past five years, has this business and/or any of its owners and/or officers and/or any affiliated business, been the subject of a criminal investigation and/or a civil anti-trust investigation by any federal, state or local prosecuting or investigative agency? And/or, in the past 5 years, have any owner and/or officer of any affiliated business been the subject of a criminal investigation and/or a civil anti-trust investigation by any federal, state or local prosecuting or investigative agency, where such investigation was related to activities performed at, for, or on behalf of an affiliated business. Yes ___ No ___ If Yes, provide details for each such investigation. 13) In the past 5 years, has this business and/or any of its owners and/or officers and/or any affiliated business been the subject of an investigation by any government agency, including but not limited to federal, state and local regulatory agencies? And/or, in the past 5 years, has any owner and/or officer of an affiliated business been the subject of an investigation by any government agency, including but not limited to federal, state and local regulatory agencies, for matters pertaining to that individual’s position at or relationship to an affiliated business. Yes ___ No ___ If Yes, provide details for each such investigation. 14) Has any current or former director, owner or officeror managerial employee of this business had, either before or during such person's employment, or since such employment if the charges pertained to events that allegedly occurred during the time 22 of employment by the submitting business, and allegedly related to the conduct of that business: a) Any felony charge pending? ___ No ___ Yes If Yes, provide details for each such charge. b) Any misdemeanor charge pending? ___ No ___ Yes If Yes, provide details for each such charge. c) In the past 10 years, you been convicted, after trial or by plea, of any felony and/or any other crime, an element of which relates to truthfulness or the underlying facts of which related to the conduct of business? ___ No ___ Yes If Yes, provide details for each such conviction d) In the past 5 years, been convicted, after trial or by plea, of a misdemeanor? ___ No ___ Yes If Yes, provide details for each such conviction. e) In the past 5 years, been found in violation of any administrative, statutory, or regulatory provisions? ___ No ___ Yes If Yes, provide details for each such occurrence. 15) In the past (5) years, has this business or any of its owners or officers, or any other affiliated business had any sanction imposed as a result of judicial or administrative proceedings with respect to any professional license held? ____ No ___ Yes; If Yes, provide details for each such instance. 16) For the past (5) tax years, has this business failed to file any required tax returns or failed to pay any applicable federal, state or local taxes or other assessed charges, including but not limited to water and sewer charges? ___ No ___ Yes If Yes, provide details for each such year. Provide a detailed response to all questions checked ‘Yes’. If you need more space, photocopy the appropriate page and attach it to the questionnaire. 23 Provide a detailed response to all questions checked "Yes". If you need more space, photocopy the appropriate page and attach it to the questionnaire. 17) Conflict of Interest: a) Please disclose: (I) Any material financial relationships that your firm or any firm employee has that may create a conflict of interest or the appearance of a conflict of interest in acting as collection agent on behalf of the City of Janesville. (ii) Any family relationship that any employee of your firm has with any City public servant that may create a conflict of interest or the appearance of a conflict of interest in acting as collection agent on behalf of The City of Janesville. (iii) Any other matter that your firm believes may create a conflict of interest or the appearance of a conflict of interest in acting as a collection agent on behalf of The City of Janesville. b) Please describe any procedures your firm has, or would adopt, to assure the City that a conflict of interest would not exist for your firm in the future. 24 ATTACHMENTS TO BUSINESS HISTORY FORM Please provide any other information which would be appropriate and helpful in determining the Proposers capacity and reliability to perform these services. A. Include a resume or detailed description of the Proposers professional qualifications, demonstrating extensive experience in operating high quality Marina. Any prior similar experiences, and the results of these experiences, must be identified. Should the proposer be other than an individual, the Proposal should include: i) Date of formation; ii) Name, addresses, and position of all persons having a financial interest in the company, including shareholders, members, general or limited partner; iii) Name, address and position of all officers and directors of the company; iv) State of incorporation (if applicable); v) The number of employees in the firm; vi) Annual revenue of firm; vii) Summary of relevant accomplishments viii) Copies of all state and local licenses and permits. B. Indicate number of years in the business. C. Provide any other information which would be appropriate and helpful in determining the Proposers capacity and reliability to perform these services. D. Provide names and addresses for no fewer than three references for whom the Proposer has provided similar services or who are qualified to evaluate the Proposers capability to perform this work. CERTIFICATION A materially false statement willfully or fraudulently made in connection with this questionnaire may result in rendering the submitting business entity not responsible with respect to the present proposal or future proposals, and, in addition, may subject the person making the false statement to criminal charges. I, ___________________________, being duly sworn, state that I have read and understand all the items contained in the foregoing pages of this questionnaire and the following pages of attachments; that I supplied full and complete answers to each item therein to the best of my knowledge, information and belief; that I will notify the City in writing of any change in circumstances occurring after the submission of this questionnaire and before the execution of the contract; and that all information supplied by me is true to the best of my knowledge, information and belief. I understand that the City will rely on the information supplied in this questionnaire as additional inducement to enter into a contract with the submitting business entity. Sworn to before me this day of 2010 Notary Public Name of submitting business: By: _______________________________________ Print name Signature Title _______/_______/________ Date 25 APPENDIX G PRINCIPAL QUESTIONNAIRE FORM All questions on these questionnaires must be answered and the answers typewritten or printed in ink. If you need more space to answer any question, make as many photocopies of the appropriate page(s) as necessary and attach them to the questionnaire. COMPLETE THIS QUESTIONNAIRE CAREFULLY AND COMPLETELY. FAILURE TO SUBMIT A COMPLETE QUESTIONNAIRE MAY MEAN THAT YOUR PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE AND IT WILL NOT BE CONSIDERED FOR AWARD 1) Principal Name SSN ________________________________________ Date of birth _____/_____/_____ Home address ______ City/state/zip Business address City/state/zip Telephone Other present address (es) City/state/zip Telephone List of other addresses and telephone numbers attached 2) Positions held in submitting business and starting date of each (check all applicable) President ____/____/____ Treasurer ____/____/____ Chairman of Board ____/____/____ Shareholder ____/____/____ Chief Exec. Officer ____/____/____ Secretary ____/____/____ Chief Financial Officer ____/____/____ Partner ____/____/____ Vice President ____/____/____ ______________ ____/____/____ (Other) 3) Do you have an equity interest in the business submitting the questionnaire? NO ___ YES ___ If Yes, provide details. 4) Are there any outstanding loans, guarantees or any other form of security or lease or any other type of contribution made in whole or in part between you and the business submitting the questionnaire? NO ___YES ___ If Yes, provide details 5) Within the past 3 years, have you been a principal owner or officer of any business or not-for-profit organization other than the one submitting the questionnaire? NO ___ YES ___; If Yes, provide detail 6) Has any governmental entity awarded any contracts to a business or organization listed in Section 5 in the past 3 years while you were a principal owner or officer? NO ___ YES ___ If Yes, provide details NOTE: An affirmative answer is required below whether the sanction arose automatically, by operation of law, or as a result of any action taken by a government agency. 26 Provide a detailed response to all questions checked “YES”. If you need more space, photocopy the appropriate page and attach it to the questionnaire 7) In the past (5) years, have you and/or any affiliated businesses or not-for-profit organizations listed in Section 5 in which you have been a principal owner or officer. a) Been debarred by any government agencyfrom entering into contracts with that agency? NO _ YES ____ If Yes, provide details for each such instance b) Been declared in default and/or terminated for cause on any contract, and/or had any contract cancelled for cause? NO ____ YES ___ If Yes, provide details for each such instance c) Been denied the award of a contract and/or the opportunity to bid on a contract, including, but not limited to, failure to meet pre-qualification standards? NO ___ YES ___ If Yes, provide details for each such instance. d) Been suspended by any government agencyfrom entering into any contract with it; and/or is any action pending that could formally debar or otherwise affect such business’s ability to bid or propose on contracts? NO ____ YES ___ If Yes, provide details for each such instance. 8) Have any of the businesses or organizations listed in response to Question 5 filed a bankruptcy petition and/or been the subject of involuntary bankruptcy proceedings during the past 7 years, and/or for any portion of the last 7 year period, been in a state of bankruptcy as a result of bankruptcy proceedings initiated more than 7 years ago and/or is any such business now the subject of any pending bankruptcy proceedings, whenever initiated? If ‘Yes’, provide details for each such instance. (Provide a detailed response to all questions checked “YES”. If you need more space, photocopy the appropriate page and attach it to the questionnaire.) a) Is there any felony charge pending against you? NO ___ YES ___ If Yes, provide details for each such charge b) Is there any misdemeanor charge pending against you? NO ____ YES ___ If Yes, provide details for each such charge. c) Is there any administrative charge pending against you? NO ____ YES ___ If Yes, provide details for each such charge d) In the past 10 years, have you been convicted, after trial or by plea, of any felony, or of any other crime, an element of which relates to truthfulness or the underlying facts of which related to the conduct of business? NO ___ YES ___ If Yes, provide details for each such conviction e) In the past 5 years, have you been convicted, after trial or by plea, of a misdemeanor? NO ___ YES ___ If Yes, provide details for each such conviction. f) In the past 5 years, have you been found in violation of any administrative or statutory charges? NO ____ YES ___ If Yes, provide details for each such occurrence 9) In addition to the information provided in response to the previous questions, in the past 5 years, have you been the subject of a criminal investigation and/or a civil anti- trust investigation by any federal, state or local prosecuting or investigative agency and/or the subject of an investigation where such investigation was related to activities performed at, for, or on behalf of the submitting business entity and/or an affiliated business listed in response to Question 5? NO ____ YES ___ If Yes, provide details for each such investigation 10) In addition to the information provided, in the past 5 years has any business or organization listed in response to Question 5, been the subject of a criminal investigation and/or a civil anti-trust investigation and/or any other type of investigation by any government agency, including but not limited to federal, state, 27 and local regulatory agencies while you were a principal owner or officer? NO ____ YES ___ If Yes; provide details for each such investigation 11) In the past 5 years, have you or this business, or any other affiliatedbusiness listed in response to Question 5 had any sanction imposed as a result of judicial or administrative proceedings with respect to any professional license held? NO ____ YES ___ If Yes; provide details for each such instance 12) For the past 5 tax years, have you failed to file any required tax returns or failed to pay any applicable federal, state or local taxes or other assessed charges, including but not limited to water and sewer charges? NO ____ YES ___ If Yes, provide details for each such year. . 28 CERTIFICATION A MATERIALLY FALSE STATEMENT WILLFULLY OR FRAUDULENTLY MADE IN CONNECTION WITH THIS QUESTIONNAIRE MAY RESULT IN RENDERING THE SUBMITTING BUSINESS ENTITY NOT RESPONSIBLE WITH RESPECT TO THE PRESENT PROPOSAL OR FUTURE PROPOSALS, AND, IN ADDITION, MAY SUBJECT THE PERSON MAKING THE FALSE STATEMENT TO CRIMINAL CHARGES. I, ___________________________, being duly sworn, state that I have read and understand all the items contained in the foregoing pages of this questionnaire and the following pages of attachments; that I supplied full and complete answers to each item therein to the best of my knowledge, information and belief; that I will notify the City in writing of any change in circumstances occurring after the submission of this questionnaire and before the execution of the contract; and that all information supplied by me is true to the best of my knowledge, information and belief. I understand that the City will rely on the information supplied in this questionnaire as additional inducement to enter into a contract with the submitting business entity. Sworn to before me this day of 2007 Notary Public Name of submitting business: ___________________ By: _______________________________________ Print name Signature Title _______/_______/________ Date 29 APPENDIX H SPECIFIC REQUIREMENTS FOR VENDING MACHINES 1) The Licensee, at his own expense, is responsible for performing all services required, including maintaining, cleaning, repairing, and restocking vending machines. 2) All vending machines must have internal electronic, non-resettable cash sales meters. Upon commencement of the contract, meters will be read, recorded and mutually verified with Department of Purchasing personnel at the time of installation. Period ending cash sales meter readings will be required for every vending machine with each monthly Sales and Commission Report. Electronic meter readings will be subject to audit by the City, its representatives, or an authorized third party at any time. 3) Commission payments to the City shall be based upon a percentage of Adjusted Metered Gross Receipts. Adjusted Metered Gross Receipts are defined as the amount of computed receipts, based upon the cash sales meter readings, that should have been removed from the vending machine at the time of service, less refunds, test vends, and burglaries. 4) The Licensee will be responsible for any tax obligations. 5) The City reserves the right to include or exclude additional locations during the term of the agreement at the sole discretion of the Director of Purchasing or his designee. 6) Licensee shall not add or remove any vending equipment without the City’s written consent. 7) All vending machines installed under the resultant contract must be Data Exchange (DEX) capable. 8) All vending machines installed under the resultant contract must comply with all accessibility requirements established by the local, state, and federal guidelines. 9) Each vending machine must accept dollar bills or be co-located with a Bill Changer. 10) Commission payments and Sales and Commission Reports from the Licensee are th due to the Department of Purchasing by the fifteenth (15) of the month for the previous month’s transactions. Monthly Sales and Commission reports for vending services shall include the following information a) Location b) Machine serial number c) Machine Type d) Beginning Cash Sales Meter reading for the reporting period per machine e) Ending Cash Sales Meter reading for the reporting period per machine f) .Metered Gross Receipts per machine g) Adjustments to Metered Gross Receipts per machine (less refunds, test vends, and burglaries) h) Adjusted Metered Gross Receipts per machine i) Commission rate for each machine j) Commission Due for each machine k) Summary of Metered Gross Receipts, Adjustments to Metered Gross Receipts, Adjusted Metered Gross Receipts and Commissions Due for all machines 11) At no times will vending machines have outdated snack/food or beverage items. All products must be pre-packaged and labeled with date of expiration. The Licensee must comply with all applicable regulations and qualifications regarding packaging, labeling, ingredient listing and standards. 12) Licensee may only sell standard and nationally advertised products of first class standard grades and of good quality 13) Requests for changes in products to be vended and/or prices shall be submitted in writing by Licensee to City with documentation supporting the request. The City shall have sole authority to approve/reject such requested changes 30 14) Respondent can submit a plan to describe any recommendations for additional services that the respondent suggests the City should incorporate. 15) As necessary, according to the products being vended, microwave ovens and stands are to be provided, cleaned and maintained by the Licensee 16) All machines and general area (including microwaves) shall be cleaned with every service call. 17) The City reserves the right to charge the Licensee a predetermined fee for the estimated monthly operating cost of each machine. The Licensee agrees to be billed for this charge on a monthly basis to cover the City’s cost for electricity. 18) Respondents are encouraged to propose the installation of energy management devices on vending machines. 19) The City will be responsible for the costs associated with the maintenance and installation of any electrical outlets necessary to operate vending machines. 20) Respondents may visit existing and potential vending locations identified in Exhibit B of this RFP that provide public access, but are prohibited from interviewing City staff or other visitors at that location in an effort to obtain information relating to this RFP 31 APPENDIX D PUBLIC SPACE RECYCLING RFP SAMPLE ÐËÎÝØßÍ×ÒÙ ú ÝÑÒÌÎßÝÌÍ Ü×Ê×Í×ÑÒ Ý×ÌÇ ØßÔÔô ïÍÌ ÚÔÑÑÎ ÕßÌØÔÛÛÒ Ýò Îß×ÒÛÇ ìðð ÍÌÛÉßÎÌ ßÊÛÒËÛ ÓßÒßÙÛÎ ÔßÍ ÊÛÙßÍô ÒÛÊßÜß èçïðïóîçèê øéðî÷ îîçóêîíï ÐßÓÛÔß ØÑÚÚÓßÒô ÝòÐòÓ ÚßÈ øéðî÷ íèìóççêì ÝÑÒÌÎßÝÌÍ ÍÐÛÝ×ßÔ×ÍÌ ÌÜÜ øéðî÷ íèêóçïðè ©©©ò´¿ª»¹¿²»ª¿¼¿ò¹±ªñ¾·¼ ÎÛÏËÛÍÌ ÚÑÎ ÐÎÑÐÑÍßÔÍ øÎÚÐ÷ ÎÚÐ Ò±ò ïððïèìóÐØ ÐËÞÔ×Ý ÍÐßÝÛ ÎÛÝÇÝÔ×ÒÙ ú ÍÐÑÒÍÑÎÍØ×Ð ÍÝÑÐÛ ÑÚ ÉÑÎÕæ ̸» Ý·¬§ ±º Ô¿ Ê»¹¿ øÝ·¬§÷ ¸»®»¾§ ·²ª·¬» ¯«¿´·º·»¼ º·®³ ±® ·²¼·ª·¼«¿´ øѺº»®±®÷ ¬± «¾³·¬ ©®·¬¬»² °®±°±¿´ ¬± °®±ª·¼»ô °´¿½»ô »³°¬§ ¿²¼ ³¿·²¬¿·² ®»½§½´·²¹ ®»½»°¬¿½´» ¿¬ ª¿®·±« ´±½¿¬·±² ¬¸®±«¹¸±«¬ ¬¸» Ý·¬§ô ©·¬¸ ¬¸» ±°¬·±² ±º »´´·²¹ ¿¼ª»®¬··²¹ °¿½» ±² ¬¸»» ®»½»°¬¿½´»ò ̸· ©±«´¼ ¾» ¿ °®±º·¬ó¸¿®·²¹ ½±²¬®¿½¬ º±® ¬¸» Ý·¬§ò ÐÎÛóÐÎÑÐÑÍßÔ ÝÑÒÚÛÎÛÒÝÛ ©·´´ ¾» ¸»´¼ ±² Ö«´§ ïçô îðï𠿬 íæðð °³ ·² ¬¸» Ы®½¸¿·²¹ ú ݱ²¬®¿½¬ Ü·ª··±² ݱ²º»®»²½» α±³ô Ú·®¬ Ú´±±®ô Ý·¬§ Ø¿´´ ݱ³°´»¨ô ìðð ͬ»©¿®¬ ߪ»²«»ô Ô¿ Ê»¹¿ô Ò»ª¿¼¿ èçïðïò ̸» °«®°±» ¼±½«³»²¬ ¿²¼ ÎÚÐ °®±½»ò ߬¬»²¼¿²½» · ±°¬·±²¿´ô ¿²¼ ¬»´»½±²º»®»²½» · ¿ª¿·´¿¾´» ±² ®»¯«»¬ò ÐÎÑÐÑÍßÔ ÜÛßÜÔ×ÒÛæ ß´´ °®±°±¿´ ³«¬ ¾» ®»½»·ª»¼ ·² ¬¸» Ѻº·½» ±º ¬¸» Ý·¬§ Ý´»®µô Ú·®¬ Ú´±±®ô Ý·¬§ Ø¿´´ ݱ³°´»¨ô ìðð ͬ»©¿®¬ ߪ»²«»ô Ô¿ Ê»¹¿ô ÒÊ èçïðïóîçèê ¾§ ß«¹«¬ îô îðïð ²± ´¿¬»® ¬¸¿² ïæíð °ò³òô п½·º·½ ͬ¿²¼¿®¼ Ì·³» øÐÍÌ÷ò Ю±°±¿´ ®»½»·ª»¼ ¿º¬»® ¬¸» »¬¿¾´·¸»¼ ¼»¿¼´·²» ©·´´ ¾» ®»¬«®²»¼ ¬± ¬¸» Ѻº»®±®ô ¿²¼ ©·´´ ²±¬ ®»½»·ª» º«®¬¸»® ½±²·¼»®¿¬·±² ·² ¬¸» »ª¿´«¿¬·±² 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ÚÑÎÓæ Ü»°«¬§ Ý·¬§ ߬¬±®²»§ Ü¿¬» Å̱ ¾» ·²»®¬»¼ °®·±® ¬± ݱ²¬®¿½¬ ¿©¿®¼òà ô п¹» ìí ±º ìí λª íòïçòïð APPENDIX E AGGREGATED DATA LEISURE SERVICES ASSETS Recreation, Community and Aquatic Centers/Facilities Year around Ice Skating Center – Janesville Ice Skating Center Senior Center – Janesville Senior Activity Center Sports Complex – Dawson Softball Complex ( 4 fields/clover setup) Monterey Park – Monterey Softball fields (2 along the river) Palmer Tennis – Series of nine courts Palmer Park (very popular) Rockport Pool Complex – Three pools (Olympic size 50m pool, diving well and baby pool) Palmer Pool – Large wading pool in the center of Palmer Park Riverside Pool – Medium wading size pool in Riverside Park Lions Beach – Non-Licensed spring fed beach with 200+ feet of beach front. Non-fenced in area that also includes sand volleyball court and bath house. Bath house is not fully enclosed and is not available for use at this time. Youth Camps Kids Count Day Camp – All day all summer before and aftercare Kids Count Extra Camp– Partnershipwith CSA Sports with a focus on gymnastics, cheer leading, trampoline, dance, fitness and swimming Kids Count ½ Day Camp – Designed for kids attending summer school with ½ day of camp following. Camp Tot – Lot – Morning camp for preschool children Horse Camp – Partnership with Clean Sweep Farm with a focus on horsemanship including riding, grooming and general care of horses Extreme Sports Camp – A camp designed for the active child who loves sports Tennis Camp – An intense camp focused on skill building and competition Challenger Soccer Camp-Partnership with Challenger Sports with a focus on teaching soccer skills and game play. Special Events The Enchanted Forest – A Fall special event that attracts 6,000 – 8,000 participants. The EF is a non-scary candle lit walk through the forest with stops at scenes that feature characters from nursery rhymes and fairytales. Along with walk we also feature “the Hollywood Hayride” which features movies stars and scenes from many popular movies. Sugar, Spice and Ice Festival – The SSI is a partnership with the Downtown Development Alliance. The event is designed to kick off the holidays for the community. We have activities for children and families. The highlight of the day is the arrival of Santa! Other activities include horse drawn carriage rides, ice carving, musical entertainment, crafts, face painting, etc. Annual “Family Team” Treasure Hunt – Families arrive in their automobiles and pick up clues that lead them all over town! The goal is to be the first family to find the “treasure” which is encased in a real chest covered with jewels. The chest usually contains a fun getaway including hotel room, food vouchers, prizes, etc. Make my Mom and Me Over – A partnership with the Academy of Cosmetology that celebrates Mothers Day. This “girls” only day is for moms and daughters or grandmothers and grand girls to enjoy with each other. The day includes a visit to the beauty salon for a hair “up do”, a manicure and girly games! Father and Child Golf Outing – A partnership with Crown Golf. The perfect time for dads and kids to celebrate Fathers Day. The outing consists of a nine hole golf tournament with cool contests at each hole! Lots of prizes, laughter food and fun! Take a kid Fishing Day – Another partnership with the Blackhawk Musky Club.A free day of fishing fun for families! Lots of contests including the biggest catch, the longest catch, the most fish caught. The Take a Kid fishing day promotes family interaction and youth fishing at no cost! City Wide Camp Out – This event is held in conjunction with the Great American Backyard Camp Out. The Recreation Department will be inviting the entire community to come to Rockport Park and camp out under the stars. Activities include storytelling, s’mores, bonfire, late night swim and many exciting games. Coin Carnival – A fun day full of carnival type games that can be played for pennies, dimes or nickels! Music and free food round out this event. Teen “Eggstravaganza” Teens will head to the Ice Center for a real egg hunt, ice skating, music and games Star Gazing Night- A partnership with the Astronomy Society. A night under the stars for families Programs Summer Main Street Entertainment – a series of concerts conducted in the park on Tuesday evenings. Series includes Country, Bluegrass, Classical, Soft Rock and Big Band music – FREE! Summer Kids Noon Time Entertainment – Another series that targets youth in the community. Conducted at Camden Park on Thursdays at noon these entertainers include yodelers, puppets, clowns and more! Totally Talented Tuesdays - Kid performers take to the stage prior to the bands performing in the Main Street Series. The format is non- competitive. Performances range singing to hula dancing! The Great Outdoors – A get back to nature summer program that features Geo Caching, nature walks and crafts, exploring the woodlands, orienteering and more. 2 Rec Nites – On some Friday nights we host “Rec Nites” in the Middle schools. Eight are held at each school (3 schools). Kids are able to listen to a DJ, have open gym time, swim in the pool, participate in contests, play games and have concessions. On any given Friday night you will find hundreds of kids participating in this program “All City” Rec Nite – At the end of the school year we conduct an all city Rec Nite that is held outdoors. All schools are invited and the kids spend the night shooting baskets, listening to the DJ, playing games and just plain socializing. This is our most popular teen activity with 700+ teens. Youth Enrichment Classes Rockin’ Robots – Kids explore how robots work and build their very own robots out of everyday electronic items Whiz Kidz Workshop – Kids are taught to use their brain with hands on experiments. Fun activities like the egg drop will keep kids thinking Diggin’ up Dinos - Kids learn about dinosaurs, assemble skeletons of these amazing beasts and more Young Rembrandts – Drawing workshops for the beginner and the advanced Junior Zoo Camp – Learn to draw animals and make a zoo picture. Anime Cartoon Workshop – Learn how to create cartoons Multi-Media Workshop – Learn to draw birds using several medias and techniques Pastel Workshop/Magnificent Masters ll – Study artists and their work and create your own framed masterpiece Parents Night Out – Kids participate in age appropriate themed activites while parents enjoy an night out on the town. Camp KidStage – part of a national drama program. Kids participate in activities that build team work, self confidence and creative problem solving while learning and producing KidStage Follie Start Smart- A national program through the national alliance on youth sports. Program is geared for tots ages 3-5 to work with their parents. Adult Enrichment Brewers VS. Cubs Trip – A partnership with Beloit Parks and Rec, participants from both cities ride a bus to the ball fields to watch the greatest game on earth! Trip includes bus transportation, a tailgate party, a bleacher ticket and a t-shirt. Stress Reduction for the mind – Another partnership with Mindful Connections, LLC. Class time includes 26 hours of instruction, a workbook, reading material and CD’s to practice at home. Cake Decorating - A partnership with Buttercups’s Custom Cakes and Candies, participants will learn how to decorate a cake that will like it is 3 professionally made. Steps taught include, frosting, mixing colors, tool work, pattern transfers and simple leaves and flowers. Ceramics – Learn the art of turning green ware into beautiful decorated pieces. Acoustic Music – A drop in time for adults that play musical instruments. Sports Leagues Adult Softball (men’s, women’s and Co-Rec) Adult Co-Ed Kickball (fall and summer) Shuffleboard Pickle Ball Cardio Tennis Men’s and Women’s Tennis Volleyball (all seasons - men’s, women’s, Co Rec) Dodge Ball Basketball (men’s) Fitness Classes PiYo Zumba Super Sculpt Special Needs Recreation Winter Event: A “Hearty” Party Spring Event: Lunch at Lustig Summer Event: Rockin Pool Party at Rockport Fall Event: Spooky Stories at Palmer Community Supported Events Janesville Farmers Market Rock Around The Block th 4 of July activities National Night Out All community events that take place on public property are supported by Parks and Recreation (about 70). 4 City of Janesville City Facilities List Þ«·´¼·²¹ß¼¼®» ß®¾±®»¬«³Î»¬®±±³Ó¿¹²±´·¿Î¼ôα½µÝ²¬§Ì®«²µß Ô±¹Ý¿¾·²Ó¿¹²±´·¿Î±¿¼øß®¾±®»¬«³÷ Ù¿®¿¹»Ó¿¹²±´·¿Î±¿¼øß®¾±®»¬«³÷ Ý´¿Þ«·´¼·²¹ß®¾±®»¬«³Ó¿¹²±´·¿Î¼ôα½µÝ²¬§Ì®«²µß Û¯«·°³»²¬Í¬±®¿¹»Þ«·´¼·²¹ Ю±Í¸±°Þ´¿½µ¸¿©µÙ±´ºîïððп´³»®Ü®øÞ´¿½µ¸¿©µÙ±´ºÝ±«®»÷ ͬ±®¿¹»Í¸»¼Þ´¿½µ¸¿©µÍòØ¿®³±²§Ü®øп´³»®Ð¿®µ÷ 묮±±³Þ«·´¼·²¹Þ±²¼Ð´¿½» ݱ²½»·±²Í¬¿²¼Ü¿©±²Ú·»´¼çððÞ´±½µÞ»´±·¬ßª»øÜ¿©±²Ú·»´¼÷ ͬ±®¿¹»Í¸»¼çððÞ´±½µÞ»´±·¬ßª»øÜ¿©±²Ú·»´¼÷ п·²¬Í¬±®¿¹» Í¿´¬Í¸»¼çððÒп®µ»®Ü® ÜÐÉѺº·½»ñÓ¿·²¬»²¿²½»Ù¿®¿¹»îïððËÍØ©§ëïÒ±®¬¸ Ú·®»Í¬¿¬·±²ýîçðêÉο½·²»Í¬ Ú·®»Í¬¿¬·±²ýíìíëÒÝ®±¾§ Ú·®»Í¬¿¬·±²ýëïìïìÒ»©°±®¬ßª»²«» Ú·®»Í¬¿¬·±²ýïíðíÓ·´¬±²ßª» Ú·®»Ì®¿·²·²¹Ý´¿®±±³îçïîÒ°¿®µ»®Ü® Ú·®»Í¬¿¬·±²ýììïïéÛÓ·´©¿«µ»» Ú·®»Ì®¿·²·²¹Ý»²¬»®îçïîÒ°¿®µ»®Ü® ͬ±®¿¹»Þ«·´¼·²¹ñÚ·®»Ì®¿·²·²¹îçïîÒ°¿®µ»®Ü® ͬ±®¿¹»Þ«·´¼·²¹ñÚ·®»Ì®¿·²·²¹îçïîÒ°¿®µ»®Ü® Þ«®²Þ«·´¼·²¹îçïîÒп®µ»®Ü® Ý¿»§Þ«·´¼·²¹ ØÒÍѺº·½»Þ«·´¼·²¹ëðû ØÒÍѺº·½»Þ«·´¼·²¹ëðû ×½»ß®»²¿èîïÞ»´±·¬ßª» ͬ±®¿¹»Þ«·´¼·²¹ñÔ¿²¼º·´´Þ´¿½µ¾®·¼¹»Î¼øÔ¿²¼º·´´÷ ͱ·´Ô¿¾Þ´¿½µ¾®·¼¹»Î¼øÔ¿²¼º·´´÷ Ѻº·½»ñÔ¿²¼º·´´Þ´¿½µ¾®·¼¹»Î±¿¼ ٿؿ²¼´·²¹Þ«·´¼·²Þ´¿½µ¾®·¼¹»Î¼øÔ¿²¼º·´´÷ ¹ ٿؿ²¼´·²¹Þ«·´¼·²¹Þ´¿½µ¾®·¼¹»Î¼øÔ¿²¼º·´´÷ Ü»³±Í·¬»Þ«·´¼·²¹ñÔ¿²¼º·´´Þ´¿½µ¾®·¼¹» Ô·¾®¿®§íïðÍÓ¿·²Í¬ Þ¿¬¸Ø±«»ñÔ·±²Þ»¿½¸ïìððÞ´±½µÐ¿´³»®Ü® 묮±±³úͬ±®¿¹»Ô«¬·¹Ð¿®µÎ·ª»®ª·»©Ü®øÔ«¬·¹Ð¿®µ÷ Ó±²¬»®»§Í¬¿¼·«³Î·ª»®·¼»Í¬ ݱ³³«²·½¿¬·±²Ì±©»®Þ«·´¼·²¹ Ý®»¼·¬Ë²·±²Þ«·´¼·²¹îíÒÚ®¿²µ´·²Í¬ ÖÌßͬ±®¿¹»Þ«·´¼·²¹ñп´³»®Ð¿®µÐ¿´³»®Ü®øп´³»®Ð¿®µ÷ Ú·´¬»®Þ«·´¼·²¹ñп´³»®Ð¿®µÐ¿´³»®Ð¿®µ Ø·´´¬±°Ð¿ª·´·±²ñп´³»®Ð¿®µÍòØ¿®³±²§Ü®øп´³»®Ð¿®µ÷ Û¿¬Ð¿ª·´·±²©ñ¸»´¬»®ñп´³»®Ð¿®µÐ¿´³»®Ð¿®µ É»¬Ð¿ª·´·±²ñп´³»®Ð¿®µÍòØ¿®³±²§Ü®øп´³»®Ð¿®µ÷ Ó¿·²¬»²¿²½»Ù¿®¿¹»ÍØ¿®³±²§Ü® ß½½«¼§²»Þ«·´¼·²¹îðçα½µ°±®¬Î¼ City of Janesville City Facilities List α¸·Ù¿®¿¹» б´·½»Í»®ª·½»Þ«·´¼·²¹ïððÒòÖ¿½µ±²Í¬ò б´·½»Ð·¬±´Î¿²¹»Î»¿¼Î±¿¼ Ó«²·½·°¿´Þ«·´¼·²¹ïèÒÖ¿½µ±² ߬¬±®²»§ùѺº·½»îïÒÚ®¿²µ´·²Í¬ Ô»·«®»Í»®ª·½»Ñºº·½»ïéÒÚ®¿²µ´·²Í¬ Ы³°Ø±«»Ù±´ºÝ±«®»Î¼ø窻®·¼»Ù±´ºÝ±«®»÷ Ù±´ºÝ´«¾Ø±«»Î·ª»®·¼»Ù±´ºÙ±´ºÝ±«®»Î¼ø窻®·¼»Ù±´ºÝ±«®»÷ ͬ±®¿¹»ñλ°¿·®Þ«·´¼·²¹Î·ª»®·¼»Ù±´ºÙ±´ºÝ±«®»Î¼ø窻®·¼»Ù±´ºÝ±«®»÷ ͬ±®¿¹»Ù¿®¿¹»Î·ª»®·¼»Ù±´ºÙ±´ºÝ±«®»Î¼ø窻®·¼»Ù±´ºÝ±«®»÷ ͱ«¬¸Î»¬®±±³Ô±©»®Ð¿®µîîððÒòп®µ·¼»Ü®ò ͱ«¬¸Ð¿ª·´·±²îîððÒòп®µ·¼»Ü®ò Þ¿´´Ð¿®µÓ«´¬·°«®°±»Þ«·´¼·²¹îîððÒòп®µ·¼»Ü®ò Ò±®¬¸Ð¿ª·´·±²Ë°°»®Ð¿®µîîððÒòп®µ·¼»Ü®ò Ú·´¬»®Þ«·´¼·²¹ñ窻®·¼»Ð¿®µÎ·ª»®·¼»Ð¿®µ ̱±´Ø±«»îîððÒòп®µ·¼»Ü®ò ݱ²½»·±²Í¬¿²¼îîððÒòп®µ·¼»Ü®ò л¿½»Ð¿®µÐ¿ª·´·±² Ó¿·²¬»²¿²½»Ù¿®¿¹» λ³»¼·¿¬·±²Þ«·´¼·²¹îïððп´³»®Ü® ન®§Ù¿®¼»²Ø±®¬·½«´¬«®»Þ«·´¼·²¹ïìððÞ´±½µÐ¿´³»®Ü® ન®§Ù¿®¼»²Ù®»»²¸±«»ïìððÞ´±½µÐ¿´³»®Ü® Þ¿¬¸Ø±«»ñα½µ°±®¬îèððÞ´±½µÎ±½µ°±®¬Î¼ ન®§Ù¿®¼»²Í¬±®¿¹»Þ«·´¼·²¹ïìððÞ´±½µÐ¿´³»®Ü® Ô»ª¦±©ùͬ±®¿¹»Þ«·´¼·²¹ííðëα½µ°±®¬Î¼ Í»²·±®Ý·¬·¦»²Ý»²¬»®êçÍÉ¿¬»® ݱ³³«²·¬§ß½¬·±²ø´»¿»¼÷îíððÕ»´´±¹¹ßª» Ϋ¹»®ßª»Î»·¼»²½»î 窻®º®±²¬ïðïα½µ°±®¬ø±´¼ß´´·¿²¬¬»½¸÷ Ì¿´´³¿²Ó«»«³ììðÒÖ¿½µ±² Ý¿®®·¿¹»Ø±«»ìêðÒÖ¿½µ±²Í¬ ͬ±²»Ø±«»ììðÒÖ¿½µ±² Ø«¹«²·²Ø±«» Í¿´¬Í¬±®¿¹»Í¸»¼îîððËÍØ©§ëïÒ Ì®¿²·¬Ù¿®¿¹»çððÒп®µ»®Ü® Ì®¿²·¬Ì®¿²º»®Ý»²¬»®ïîíÍ窻® Þ±¿¬Ø±«»ß¯«¿Ö¿§Ì®¿¨´»®Ð¿®µêððÞ´±½µÒп®µ»®Ü®øÌ®¿¨´»®Ð¿®µ÷ 묮±±³êððÞ´±½µÒп®µ»®Ü®øÌ®¿¨´»®Ð¿®µ÷ 묮±±³Þ«·´¼·²¹êððÞ´±½µÒп®µ»®Ü®øÌ®¿¨´»®Ð¿®µ÷ É¿®³·²¹Ø±«»Ì®¿¨´»®Ð¿®µêððÞ´±½µÒп®µ»®Ü®øÌ®¿¨´»®Ð¿®µ÷ Ô·±²Ý´«¾Ð¿ª·´·±²êððÞ´±½µÒп®µ»®Ü®øÌ®¿¨´»®Ð¿®µ÷ Þ±±¬»®Í¬¿¬·±²ýèîêððÉÓ»³±®·¿´ßª» Ы³°·²¹Í¬¿¬·±²ýïî É»´´ýïðñЫ³°¸±«»ýïð City of Janesville City Facilities List Ы³°·²¹Í¬¿¬·±²ýîèêÉÜ»´¿ª¿²Ü® Ы³°·²¹Í¬¿¬·±²ýíîìðÉ¿¬»®Í¬ É»´´ýïìñЫ³°·²¹Í¬¿¬·±²ýïì Ы³°·²¹Í¬¿¬·±²ýìèìèÞ»´±·¬ßª» Ы³°·²¹Í¬¿¬·±²ýëëëëÓ±¸¿©µÜ® Ы³°·²¹Í¬¿¬·±²ýéíðïéÕ»²²»¼§Î¼ ˬ·´·¬·»Þ«·´¼·²¹ïîíÛÜ»´¿ª¿²Ü® ÉÉÌñÓ»½¸¿²·³ííððÌ®·°°Î¼ ÉÉÌЮ±½»»ííððÌ®·°°Î¼ ݸ´±®·²»Þ«·´¼·²¹ííððÌ®·°°Î¼ Ì«²²»´Û²¬®¿²½»Þ«·´¼·²¹ííððÌ®·°°Î¼ ݱ²¬®±´Þ«·´¼·²¹ííððÌ®·°°Î¼ Ü·¹»¬»®Þ«·´¼·²¹ííððÌ®·°°Î¼ ͬ±®¿¹»Þ«·´¼·²¹ííððÌ®·°°Î¼ Í»®ª·½»Þ«·´¼·²¹ííððÌ®·°°Î¼ Ю»´·³·²¿®§Ì®»¿¬³»²¬Þ«·´¼·²¹ííððÌ®·°°Î¼ Ù»²»®¿¬±®Þ«·´¼·²¹ííððÌ®·°°Î¼ ÎßÍЫ³°·²¹Þ«·´¼·²¹ííððÌ®·°°Î¼ ͱ´·¼Þ«·´¼·²¹ííððÌ®·°°Î¼ ß¼³·²·¬®¿¬·ª»Þ«·´¼·²¹îðïÛÓ·´©¿«µ»»Í¬ Ó«´¬·Ð«®°±»Í¬±®¿¹»Þ«·´¼·²¹ DZ«¬¸Í°±®¬Ú¿½·´·¬§®»¬®±±³É«¬¸»®·²¹Ø·´´ City Manager’s Office Memorandum December 13, 2010 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Update and Potential Action on Proposed Janesville Outdoor Skate Park Summary At the December 14, 2009 City Council meeting, the Council unanimously voted to commit $50,000 toward funding for a skate park if the Janesville Outdoor Skate Park Group could raise $250,000 by December 31, 2010. Additionally, at their April 12, 2010 the City Council voted to locate the proposed Skate Park in Monterey Park. At that time, the City Council asked that the City Engineering Department to review the construction feasibility of placing the skate park at the Monterey Park site. This memorandum serves as an update to both the fundraising efforts and the feasibility of placing the skate park at the approved Monterey Park location. City Manager Recommendation After reviewing the Engineering analysis on the Monterey Park site, I believe that based on soil testing that a skate park could be accommodated with some additional costs, but that flooding issues at that location remain. Also, at this time, I believe the group has raised $40,000 which does not meet the $250,000 goal. Based on these two factors, I recommend that the Council would either need to direct staff to be more involved in the fundraising component of the project or that the project be placed on hold until a new proposal is brought forward with additional funds raised or a specific plan on how to fund the skate park. Fundraising As previously noted, the City Council previously voted to commit $50,000 toward funding the skate park if the Janesville Outdoor Skate Park Group could raise $250,000 by December 31, 2010. The Janesville Outdoor Skate Park Group has held several fundraisers over the last year and has several other fundraisers tentatively planned. At this time, the Group has raised approximately $40,000. Site Feasibility At their April 12, 2010 meeting, the City Council voted to approve the Monterey Park location as the proposed site for the Skate Park. The City Council also asked the City Engineering Department to review the feasibility of constructing a skate park at the proposed Monterey Park site. The proposed location at the Monterey Park is situated between the two softball diamonds located southwest of the stadium. The attached is a Map 1 depicts the proposed location of the facility. The footprint of the skate park is estimated to be roughly 100 ft. by 200 ft. in size. In the summer of 2010, City Engineering Staff dug three test holes at the proposed Monterey Park site to a depth of 5’5”. Based on observations of the test holes, the top 18” to 30” consists of top soil, followed by a 7” to 9” layer of sandy silt and the balance consists of silty clay. The ground water depth varied between 1.5’ to 5’ below the surface. According to the City’s Engineering Manager, the top 2.5’ of existing soil at the site is not necessarily ideal for the construction of a standard 5” to 6” concrete slab with base, as the soil is likely to absorb and hold water and expand/contract with weather changes and fluctuation in the ground water. However, Staff does believe that a pavement structure in this location could be engineered by excavating the existing soil and filling with open graded base materials (which would be required regardless due to the sites location within the flood fringe, see below). Staff also noted that the cost to engineer the proposed Monterey Park site to accommodate a skate park would be considerably less than constructing a skate park at another location that would require the construction of a parking lot and restroom facilities. The proposed location for the skate park, along with the play fields in the Monterey area, is located in the flood fringe area where building development is permissible if elevated above the 100-year floodplain elevation. During the 2008 flood, the proposed location did experience a minimal level of flooding. Staff believes that if proposed skate park location experienced flooding again, it would not create any permanent damage to the facility or equipment based on construction design requirements and the need to slightly elevate the ground surface area for the skate park. One unknown variable for the site is the effect that the local geese population will have on the site. Geese typically congregate in the Monterey Park area and leave droppings behind. Whether the geese would be afraid of the skate park due to the noise and activity would have to be continuously monitored. Overall, staff believes that the proposed Monterey Park site is an appropriate location for the Skate Park based on the existing amenities (parking, bathrooms, bike trail, and other recreational facilities). Staff believes the challenges that the existing soils pose could be easily engineered and rectified at a cost far less than building the aforementioned amenities at another location. Background The following represents a recent timeline regarding the skate park efforts leading up to this point. 1. On April 12, 2010 the City Council reviewed the LSAC and Plan Commissions recommendations to locate the skate park at the proposed Monterey Park site. The City Council approved a motion to approve the Monterey Park site with a 5-2-0 vote. 2. On April 5, 2010 the Plan Commission reviewed the proposed Monterey site location to determine if it was consistent with the City’s Park & Open Space Plan and the Comprehensive Plan. At the conclusion of the discussion the Plan Commission voted to forward the proposed site with a positive recommendation to the City Council with a 5-0-0 vote. 3. On March 9, 2010 the Leisure Services Advisory Committee (LSAC) reviewed four locations in the city for a proposed skate park. At the conclusion of the meeting the LSAC approved a motion to forward a recommendation that the Monterey Park site be chosen as the location for the skate park with a 7-1-0 vote. 4. At the December 14, 2009 City Council meeting, the Council unanimously voted to commit $50,000 toward funding for a skate park if the Janesville Outdoor Skate Park Group could raise $250,000 by December 31, 2010. cc: Eric Levitt Jacob Winzenz É·´±² Û´»³»²¬¿®§ ͽ¸±±´ д¿§¹®±«²¼ Ó±²¬»®»§ ͬ¿¼·«³ Ù®¿¼»¼ Ú·»´¼ øÚ±±¬¾¿´´÷ Ü·½« ͵¿¬» п®µ п¼ ¢îðôððð ¯ò º¬ò ͸±¬ Ы¬ îððù Ю±°±»¼ Ô±½¿¬·±² o É·½±²·²ù п®µ д¿½» Ý·¬§ ±º Ö¿²»ª·´´» Ý·¬§ ±º Ö¿²»ª·´´» Ю±°±»¼ ͵¿¬» п®µ Ô±½¿¬·±² ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ ÔÛ×ÍËÎÛ ÍÛÎÊ×ÝÛÍ Ó±²¬»®»§ п®µ Ü¿¬»æ ìóêóïð ÞòÞ´«³»®ô д¿²²·²¹ Í»®ª·½» ÍæÄЮ±¶»½¬ÄÔ»·«®»Í»®ª·½»Ä ðêðïîðïèðîìð ï þ ã ïëð ù Ú»»¬ ͵¿¬»°¿®µÓ±²¬»®»§Ú»¿¬«®»ò³¨¼ Economic Development Department Memorandum December 13, 2010 TO: City Council FROM: Vic Grassman, Economic Development Director SUBJECT: Hendricks Commercial Properties, LLC Incentive Request on behalf of Universal Recycling Technologies, LLC Executive Summary Universal Recycling Technologies (URT), headquartered in Janesville at 2535 Beloit Avenue has requested a TIF forgivable loan. The company is planning on expanding into a Hendricks property owned building at 120 E. Burbank. Loan funds would used to assist with the tenant improvements needed to meet URT’s needs. URT will agree to create 30 jobs that would be based in this facility by 12-31-2010. An agreement has been reached where Hendricks Commercial Properties who will take responsibility of guaranteeing the 30 jobs to be created by 12-31-2010. If this does not occur they will pay the pro-rated debt service based on the terms of the Developer’s Agreement. URT will then reimburse them through their lease agreement. The TIF loan is for $50,000, over a ten year term at a 7% interest rate. Annual loan payments are $7,118.88. The Developer’s Agreement has been signed by Hendricks Commercial Properties and has been returned to the City for signature. The funds would be taken out of TIF 22 which is projected to have a net positive balance in 2012 and a positive balance of over $5.0 million in 2021. City Manager’s Recommendation The City Manager recommends approval. Economic Development Director’s Recommendation I recommend that the Janesville City Council approve this based on: The Councils current TIF policy of lending $1.00 for every square foot leased. In this case $40,000 for 40,000 sf. The loan would be for 10 years at 7% if not waived for meeting employment goals. I recommend that an additional $10,000 be added to the incentive based on the company’s commitment to create 30 new jobs and its growth at its other Janesville location, 2535 Beloit Ave. Total incentive would equal $50,000. Background URT, with branches in New Hampshire, Oregon and Texas, is recycler of electronic components. URT was the first recycler/processer in the U.S. to be “e- Stewards” approved which means the company has met the highest industry standards to protect the environment. The company currently employs over 200 people in Janesville and provides training and benefits. Wage rates for new employees on the shop floor start at $9.00/hr. and move up to $12.00/hr. plus benefits. URT is a growing company. In addition to the 30 new hires mentioned, the company will also be hiring an additional 38 people for their location at their Beloit Ave location. cc: Eric Levitt Jacob Winzenz POLICE DEPARTMENT MEMORANDUM November 30, 2010 TO: City Council FROM: Officer Douglas Johnson, Officer Brian Rubeck SUBJECT: Introduce and schedule a public hearing on a proposed ordinance amending JGO Chapter 5.52 and Section 5.04.010 N. regulating junk dealers, second hand dealers, second hand jewelry dealers, and pawnbrokers in the City of Janesville. (File Ord. 2010-471) Summary As proposed, Ordinance 2010-471 will help reduce the officer’s hours and associated costs related to the monitoring of pawnshops and other related businesses for stolen property. Currently, officers visit pawn shops daily to pick up pawn slips. Under the amended ordinance, which requires electronic reporting, officers will be available for service and other related police calls and duties. Recommendation The City Attorney’s Office and the Police Department recommend that Ordinance 2010-471 be introduced and scheduled for a public hearing on January 10, 2011. City Manager Recommendation th The amended ordinance is being introduced on December 13 and scheduled for the second public hearing on January 10, 2011. Analysis Ordinance 2010-471 will help reduce the officer’s hours and associated costs related to the monitoring of pawnshops and other related businesses for stolen property. Currently, officers visit pawn shops daily to pick up pawn slips. Most affected businesses already send the police department the information, but each store or company has their own way of reporting. The amended ordinance will make the manner and process uniform for all businesses. The amended ordinance would also allow for easier access to the information that we receive. Currently, officers collect slips from the pawn shops which are then manually entered into a database at the police department. Officer’s ability to search for items is limited by the current system. With the new system information is transmitted to a central database. Our department as well as any other law enforcement agency can then access the database, review it, and place holds on items that have been reported stolen in their respective jurisdictions. We believe this would greatly assist the Janesville Police Department in the recovery of property and the apprehension of criminals. Safeguards are also proposed in the amended ordinance requiring that each customer receive a written receipt for any item sold or pawned. The receipt will contain an accurate description of each item, whether the item is being pawned or sold, the amount it is pawned or sold for, the interest rate that is being charged and the date that the item needs to be redeemed by. All of the requirements are consistent with Wisconsin State Statute 134. File Ordinance 2010-471 will apply to pawnbrokers, junk dealers, dealers in secondhand goods, secondhand article dealers, secondhand jewelry dealers, secondhand article dealer-mall, or secondhand dealer in junk, wares, or merchandise. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services ORDINANCE NO. 2010 - 471 An ordinance amending JGO Chapter 5.52 and Section 5.04.010 N. regulating junk dealers, second hand dealers, second hand jewelry dealers, and pawnbrokers in the City of Janesville with penalties as set forth in JGO 5.52.090 and 5.04.180. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Chapter 5.52 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Chapter 5.52 JUNK DEALER, SECONDHAND DEALER, SECONDHAND JEWELRY DEALER, PAWNBROKER* Sections: 5.52.010 License—Required 5.52.011 Definitions 5.52.012 Adoption of State Laws – More Stringent Laws Govern 5.52.020 License—Application—Information required—Bond— Council approval—Fee—Issuance 5.52.030 License—One place of business only—Moving-Reportable Transaction 5.52.040 Licensee—Pawnbroker and junk dealer to keep record— Information required—Police inspection Daily Reports to Police- Receipt Required 5.52.050 Licensee—Record keeping duties—Information required-Digital Photo Requirement 5.52.060 Licensee—Restricted purchases 5.52.070 Labels Required-Holding Period-Police order to hold property-Police to seize property when 5.52.080 License—Business area requirements 5.52.090 Violation—Penalty 5.52.010 License—Required No person shall do business as a pawnbroker, junk dealer, dealer in secondhand goods, secondhand article dealer, secondhand jewelry dealer, secondhand article dealer mall, flea market, or secondhand dealer in junk, wares or merchandise as those terms are defined in the applicable state laws adopted hereby and incorporated herein as set forth below, without having first obtained and holding a valid license therefore from the City. 5.52.011 Definitions When used in this chapter the following words shall mean: A. “Article” means any item of value. B. “Pawn Broker, Second Hand Article Dealer or Secondhand Jewelry Dealer” means any person who engages in the business of lending money on the deposit or pledge of any article; or purchases any article with an expressed or implied agreement or understanding to resell the article in the same or substantially similar form at a subsequent time. 1. To the extent that a pawnbroker, secondhand article dealer or secondhand jewelry dealer’s business includes buying personal property previously used, rented, or leased the provisions of this chapter shall be applicable. 2. A person is not acting as a pawnbroker, secondhand article dealer or secondhand jewelry dealer when engaging in any of the following: a. Any transaction at an occasional garage or yard sale, an estate sale, antique show, gun show or auction. b. Any transaction between a buyer of a new article and the person who sold the article when new that involves any of the following: 1. The return of the article. 2. The exchange of the article for a different, new article. c. Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization. d. Any transaction as a seller of a secondhand article that the person bought from a charitable organization if the secondhand article was a gift to the charitable organization. e. Any consignment transaction. 5.52.012 Adoption of State Laws – More Stringent Laws Govern A. Incorporated herein by reference and made a part of this chapter as if fully set forth verbatim are Wis. Stats. §§ 134.71 and 134.695, including but not limited to the fee schedule set by state law in § 134.71(11), all as from time to time amended or renumbered. Any and all acts required to be performed or prohibited by any statutes so incorporated by reference is/are required or prohibited by this chapter. Any future amendments, revisions, or modifications of the statutes incorporated by this chapter are also adopted and incorporated as a part of this chapter. B. The more stringent provision set forth in this chapter or that set forth in the incorporated state law(s) shall always take precedence and govern, notwithstanding any conflict, inconsistency or ambiguity to the contrary. The intent is to at all times render this chapter in full force and effect and in conformity with Wis. Stats.§ 134.71(14), as from time to time amended or renumbered. 5.52.020 License—Application—Information required—Bond—Council approval—Fee—Issuance Any person desiring to obtain a license pursuant to Section 5.52.010 shall file with the city clerk his application therefore, specifying the kind of license desired and the street and building in which he intends to carry on business thereunder, A. A person wishing to obtain a license pursuant to Section 5.52.010 shall apply to the city clerk for a license. The clerk shall furnish application forms that shall require all of the following: 1. The applicant's name, place and date of birth, residence address, and residence addresses for the 5-year period prior to the date of the application. 2. The name and address of the business and of the owner of the business premises. 3. Whether the applicant is a natural person, corporation, limited liability company, or partnership, and: a. If the applicant is a corporation, the state where incorporated and the names and addresses of all officers and directors. b. If the applicant is a partnership, the names and addresses of all partners. c. If the applicant is a limited liability company, the names and addresses of all members. 4. The name, place, and date of birth, residence address, and residence addresses for the 5-year period prior to the date of the application of the manager or proprietor of the business. 5. The name, address and date of birth of all employees of the business. 6. Any other information that the clerk may reasonably require. 7. A statement as to whether the applicant, including an individual, agent, officer, director, member, partner, manager, or proprietor, has been convicted of any crime, statutory violation punishable by forfeiture, or county or municipal ordinance violation. If so, the applicant must furnish information as to the time, place, and offense of all such convictions. 8. Whether the applicant or any other person listed above has ever used or been known by a name other than the applicant’s name, and if so, the name or names used and information concerning dates and places used. 9. Whether the applicant or any other person listed has previously been denied or had revoked or suspended as a pawnbroker, second hand article dealer or second hand jewelry dealer license from any governmental unit. If so, the applicant must furnish information as to the date, location, and reason for the action. B. The police department shall investigate each applicant and any other person listed. The department shall furnish the information derived from that investigation in writing to the city clerk. The investigation shall include each agent, officer, member, partner, manager, proprietor or employee. C. The city may grant a license if all of the following apply: 1. The applicant, including an individual, a partner, a member of a limited liability company, a manager, a proprietor, or an officer, director, or agent of any corporate applicant, does not have a significant arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335 of the Wisconsin Statutes. 2. The applicant provides to the city clerk a bond of $1,000.00 with not less than 2 sureties for the observation of all municipal ordinances or state or federal laws relating to pawn and secondhand article and secondhand jewelry dealers. The bond must be in full force and effect at all times during the term of the license. D. The following requirements apply to licenses issued under this chapter: 1. No license may be transferred. 2. Each license is valid from July 1st until the following June 30th. 3. Display of license. Each license issued under this chapter shall be displayed in a conspicuous place visible to anyone entering a licensed premise. 4. Annual license fees as set forth in 5.04.010 shall apply to licenses under this chapter. Upon license application the licensee shall also file therewith a bond executed by himself and two sureties, or by himself and a surety company, in the penal sum of five hundred dollars, and conditioned that such applicant will comply with and faithfully observe all the requirements of this chapter relating to the business which such applicant intends to carry on. Upon the approval of such bond and application by the council and filing with the city clerk the treasurer’s receipt showing the payment to him of the license fee prescribed in Section 5.04.010 for the carrying on of such business, the city clerk shall issue to such applicant the license applied for. 5.52.030 License—One place of business only—Moving allowed when- Reportable Transaction A. No person licensed as a pawnbroker, junk dealer or dealer in secondhand goods, wares and merchandise shall, by virtue of one license, keep more than one store or place for the carrying on of such business; provided, however, that such person may remove from one place of business to another by giving to the police department immediate written notice of such removal. B. Every transaction conducted by a pawnbroker, secondhand article and jewelry dealer in which an article or articles are received through a pawn, purchase, or trade, or in which a pawn is renewed, extended, voided, or redeemed, or for which a unique transaction number or identifier is generated by their point-of-sale software is reportable except: The bulk purchase of new or used articles from a merchant, manufacturer, or wholesaler having an established permanent place of business, and the retail sale of said articles, provided the pawnbroker must maintain a record of such purchase that describes each item, and must mark each item in a manner that relates it to that transaction record. 5.52.040 Licensee- Daily Reports to Police- Receipt Required—Pawnbroker and junk dealer to keep record—Information required—Police inspection Every person licensed as a pawnbroker or junk dealer under this chapter shall keep a book in which shall be written legibly in ink and, at the time of the purchase or taking of any goods, article or thing, an accurate account and description in the English language of the goods, article or thing purchased or pledged, the consideration paid therefore, the time of purchasing or taking the same, and the name, residence, and description of the person selling or pledging the same. When any watch is purchased or taken, the person so licensed shall also write in such book the name of the maker thereof and its number. When jewelry or gold or silver articles of any kind are purchased or taken, such person shall note in said book all letters and marks inscribed, engraved or cut thereon. The book provided for in this section shall at all reasonable times be open to the inspection of the police department. A. Pawnbrokers and secondhand article and jewelry dealers must submit every reportable transaction to the police department daily in the following manner. Pawnbrokers and secondhand article and jewelry dealers must provide to the police department all required information pursuant to State Statute and this chapter, by transferring the required information from their computer to the web server via modem designated by the Janesville Police Department. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the police department using procedures that address security concerns of the pawnbroker or secondhand article and jewelry dealer and the police department. The pawnbroker or secondhand article and jewelry dealer must display a sign of sufficient size in a conspicuous place on the premises, which informs all patrons that all transactions are reported daily to the police department. B. If a pawnbroker or secondhand article and jewelry dealer is unable to successfully transfer the required reports by modem, the pawnbroker or secondhand article and jewelry dealer must provide the police department with printed copies of all reportable transactions by 12:00 noon the next business day. C. If the problem is determined to be in the pawnbroker’s or secondhand article and jewelry dealer’s system and is not corrected by the close of the first business day following the failure, the pawnbroker or secondhand article and jewelry dealer must provide the required reports as detailed in State Statute and this chapter, and shall be charged a daily reporting failure fee of $10.00 until the error is corrected; or, if the problem is determined to be outside the pawnbroker’s or secondhand article and jewelry dealer’s system, the pawnbroker or secondhand article and jewelry dealer must provide the required reports pursuant to State Statute and resubmit all such transactions via modem when the error is corrected. D. Regardless of the cause or origin of the technical problems that prevented the pawnbroker or secondhand article and jewelry dealer from uploading the reportable transactions, upon correction of the problem, the pawnbroker or secondhand article and jewelry dealer shall upload every reportable transaction from every business day the problem has existed. E. The provisions of this section notwithstanding, the police department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty. F. Every licensee must provide a receipt to the customer identified in every reportable transaction and must maintain a duplicate of that receipt for three (3) years. The receipt must include at least the following information: 1. The name, address, and telephone number of the licensed business. 2. The date and time the item was received by the licensee. 3. Whether the item was pawned or sold, or the nature of the transaction. 4. An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item. 5. The signature or unique identifier of the licensee or employee that conducted the transaction. 6. The amount advanced or paid. 7. The monthly and annual interest rates, including all pawn and second hand article dealers fees and charges. 8. The last regular day of business by which the item must be redeemed by the customer without risk that the item will be sold, and the amount necessary to redeem the item on that date. 9. The full name, current residence address, current residence telephone number, and date of birth of the pledger or seller. 10. The identification number and state of issue from any of the following forms of identification of the seller: a. Current valid Wisconsin driver's license. b. Current valid Wisconsin identification card. c. Current valid photo driver's license or identification card issued by another state or province of Canada. 11. Description of the customer or seller including approximate sex, height, weight, race, color of eyes and color of hair. 12. The signature of the customer or seller. 5.52.050 Licensee—Record keeping duties-Information required-Digital photo requirement It shall be the duty of every person licensed under this chapter to keep a book, at all times available to the police department, giving an accurate account and description of each and all of the articles and things purchased or taken during each day, the consideration paid therefore, the precise time of purchase or taking and the name, residence and description of the - Records required. person or persons from whom such purchases were made. A. At the time of any reportable transaction other than renewals, extensions, redemptions or confiscations, every licensee must immediately record, in English, the following information in a computerized record approved by the police department: 1. A complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark or such an item. 2. The purchase price, amount of money loaned upon, or pledged therefore. 3. The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges. 4. Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records. 5. Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including: sex, height, weight, race, color of eyes and color of hair. 6. The identification number and state of issue from any of the following forms of identification of the seller: a. Current Wisconsin driver's license. b. Current Wisconsin identification card. c. Current valid photo identification card issued by another state or province of Canada. 7. The signature of the person identified in the transaction B. The licensee must also take a color, digitized photograph of every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed, excluding only electronic media. One group photo shall suffice for mass items such as several coins acquired in one transaction. If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the chief of police, or the chief’s designee, upon request. Items photographed must be accurately depicted and submitted as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with. Entries of required digital images shall be retained a minimum of 90 days. 5.52.060 Licensee—Restricted purchases No person or firm licensed under this chapter shall purchase or take any goods, article or thing from any person under sixteen years of age or from any intoxicated person. 5.52.070 Labels Required-Holding Period-Police order to hold property-Police to seize property when The chief of police may cause any goods, article or thing purchased or pledged which he has reason to believe was sold or pledged by some person other than the lawful owner thereof to be held for the purpose of identification by its lawful owner for such reasonable time as he may deem necessary. A. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the police department, whichever is applicable. Labels shall not be re-used. B. Any item deposited for security shall be kept on the premises for safe keeping for not less than 30 days after the date of purchase or receipt unless the person known by the pawnbroker to be the lawful owner of the article redeems it. Any item purchased or received by a secondhand article dealer or secondhand jewelry dealer shall be kept on the premises of safekeeping for not less than 30 days after the date of purchase orreceipt. C. During the period the article shall be held separate from saleableinventory and may not be altered in any manner. The pawnbroker, second hand article dealer, or secondhand jewelry dealer shall permit any law enforcement officer to inspect the article during this period. D. An investigative hold may be placed on an item when a law enforcement official from any law enforcement agency notifies a licensee not to sell an item. The item must not be sold or removed from the premises. The investigative hold shall be confirmed in writing by the originating agency within seventy-two (72) hours and will remain in effect for fifteen (15) days from the date of initial notification, or until the investigative order is canceled, or until an order to hold/confiscate is issued, whichever comes first. E. An order to hold may be placed on an item whenever the chief of police, or the chief's designee, notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the chief or the chief's designee. The order to hold shall expire ninety (90) days from the date it is placed unless the chief of police or the chief's designee determines the hold is still necessary and notifies the licensee in writing. F. An order to confiscate may be placed on an item if the item is identified as stolen or evidence in a criminal case, the chief or chief's designee may physically confiscate and remove it from the shop, pursuant to a written order from the chief or the chief's designee, or place the item on hold or extend the hold and leave it in the shop. G. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. H. When an order to hold/confiscate is no longer necessary, the chief of police or chief's designee shall so notify the licensee. 5.52.080 License—Business area requirements No application for a license pursuant to this chapter shall be issued and no person, firm or corporation shall operate any business for which a license is required by this chapter unless the area used in such business, including any storage area, is enclosed by a fence, wall or other structure which shall block from view all activities of said business that could be viewed by a person standing on the ground near the property on which such business is located; however, windows may be placed in said fence, wall or other structure. In any event, every such fence, wall or other structure shall be at least seven feet in height. 5.52.090 Violation—Penalty Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction therefore in court, have his license revoked and shall further be punished by a fine of not less than ten dollars nor more than one hundred dollars and costs. In default of the payment of the fine and costs, the violator shall be imprisoned in the county jail until such fine and costs are paid, not to exceed sixty days. Each day’s violation constitutes a separate offense. This penalty shall be independent and exclusive of the right of the council to revoke any license or permit. SECTION II. Section 5.04.010 N. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: N. Junk dealer, secondhand dealer, secondhand jewelry dealer, pawnbroker, flea market, secondhand article dealer mall or related activity as defined in applicable state law (Sections 5.52.010—5.52.080) (See s. 134.71 for definitions and s. 134.71(11) for fees) (For bond see s. 134.71(7), et al.) 1. Pawnbroker’s license $210.00 per year with $5001,000 bond 2. Secondhand article dealer’s license $27.50 per year with $500 $1,000 bond 3. Secondhand jewelry dealer’s license $30.00 per year with $5001,000 bond 4. Secondhand article dealer mall license $165 per year with required bond 5. Flea Market license $165 per year with required bond 6. All other secondhand dealers $27.50 per year with $500 bond 7. Junk dealers (City definition) $27.50 per year with $500 bond Such fee shall not be apportioned, regardless of the date on which such license may be issued. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ____________ Assistant City Attorney Proposed by: Police Department Prepared by: Police Department & Assistant City Attorney Community Development Department Memorandum Date: December 7, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Introduce and schedule a public hearing on a proposed ordinance annexing property located at 2609 South U.S. Highway 51(File Ordinance No. 2010-469); and Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance annexing and zoning to B2 property located at 2609 South U.S. Highway 51 (File Ordinance No. 2010-470). _____________________________________________________________________ The City has received a request from Jayson Duffy, owner of Jay’s Big Rolls located at 2609 South U.S. Highway 51, to attach approximately .84 acres of land to the City. The applicant would like to connect to municipal sewer and water facilities which are currently located within street right-of-way adjoining the property. The annexation also includes 0.3 acres of land containing the right-of-way for South U.S. Highway 51. Coincident with the annexation ordinance, the Community Development Department has prepared an ordinance to zone the property to B2, Community Shopping District. These ordinances replace Ordinance Nos. 2010-466 and 467 that were previously th introduced on November 8 as an attachment of property to the City. Since staff has determined that the subject property is not located within the Cooperative Boundary Plan Area in the Town of Rock, Council review of the ordinances must follow the standard annexation process. This requires that new ordinances be introduced. The Community Development Department recommends that following the first reading of Ordinance No. 2010-469 and Ordinance No. 2010-470, they be set for public hearing on January 10, 2011. While the annexation does not require Plan Commission review, the zoning of the property must be referred to the Plan Commission. We therefore recommend that Ordinance No. 2010-470 be referred to the Plan Commission for review and recommendation. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2010-469 An ordinance annexing territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of Rock, Rock County, Wisconsin. WHEREAS , a petition signed by the owner of the land within such territory proposed to be annexed has been filed with the City Clerk; and WHEREAS , there are no electors residing in the territory; and WHEREAS , the necessary notices have been duly prepared, provided and served as required by law to all persons affected; and WHEREAS , this ordinance does not contain temporary zoning; and WHEREAS , the Department of Administration has not found the proposed annexation to be against the public interest; and WHEREAS , the Common Council has determined that this annexation is in the public interest. NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The territory described as follows is hereby attached to the City of Janesville. th Part of the Northwest ¼ of Section 13, Township 2 North, Range 12 East of the 4 P.M., Town of Rock, County of Rock and State of Wisconsin, described as follows: Commencing on the North line of said Section 13 extended West to the center of U.S. Highway 51; thence South, along the center of said U.S. Highway 51, 18 rods; thence East, parallel with the North line of said Section, 18 rods; thence North, parallel with the center of said U.S. Highway 51, 18 rods to the North line of said section; thence West, along the North line of said section, to the center of said U.S. Highway 51 and the place of beginning; excepting therefrom, that part of thereof taken for U.S. Highway 51; further excepting therefrom, the South ½ thereof, conveyed by Warranty Deed dated October 3, 1961, recorded October 5, 1961, in Volume 27 of Records, on Page 138, in the office of the Register of Deeds for Rock County, Wisconsin. Contains approximately .84 acres. Also including the right-of-way for U.S. Highway 51 described as follows: Commencing at the Northeast corner said Section 13, East along North line said Section to the East ROW line State Highway 51, 43 ft m/l; thence south along said ROW line 150 ft m/l; thence West and parallel North line said Section to the West ROW line State Highway 51, 86 feet m/l; thence North along said ROW line to the North line Section 13, 150 ft m/l, thence East along said North line to the Northeast corner said section, also being the point of beginning, 43 ft m/l. Contains approximately 0.3 acres. SECTION II. After this annexation becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of Rock and thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and all purpose provided by law. ORDINANCE NO. 2010-469 PAGE 2 SECTION III. All the territory attached by this ordinance is hereby made part of Ward 32 of the City of Janesville. SECTION IV. There are no residents in the area proposed for annexation. SECTION V. The annexation is within the Janesville School District. SECTION VI. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department ORDINANCE NO. 2010-470 An ordinance changing and establishing the zoning classification of property located at 2609 South U.S. Highway 51. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is established as B2, Community Shopping District: th Part of the Northwest ¼ of Section 13, Township 2 North, Range 12 East of the 4 P.M., Town of Rock, County of Rock and State of Wisconsin, described as follows: Commencing on the North line of said Section 13 extended West to the center of U.S. Highway 51; thence South, along the center of said U.S. Highway 51, 18 rods; thence East, parallel with the North line of said Section, 18 rods; thence North, parallel with the center of said U.S. Highway 51, 18 rods to the North line of said section; thence West, along the North line of said section, to the center of said U.S. Highway 51 and the place of beginning; excepting therefrom, that part of thereof taken for U.S. Highway 51; further excepting therefrom, the South ½ thereof, conveyed by Warranty Deed dated October 3, 1961, recorded October 5, 1961, in Volume 27 of Records, on Page 138, in the office of the Register of Deeds for Rock County, Wisconsin. Contains approximately .84 acres. Also including the right-of-way for U.S. Highway 51 described as follows: Commencing at the Northeast corner said Section 13, East along North line said Section to the East ROW line State Highway 51, 43 ft m/l; thence south along said ROW line 150 ft m/l; thence West and parallel North line said Section to the West ROW line State Highway 51, 86 feet m/l; thence North along said ROW line to the North line Section 13, 150 ft m/l, thence East along said North line to the Northeast corner said section, also being the point of beginning, 43 ft m/l. Contains approximately 0.3 acres. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. 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