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HomeMy WebLinkAboutContract for Youth Golf InstructionMemorandum To: Wally Bobkiewicz, City Manager From: Douglas J. Gaynor, Parks, Recreation & Community Services Director Re: Requisition request in the amount of $18,250 for 3 Point Athletics (Youth Golf) Date: May 11, 2011 Recommended Action: Recommend approval of a requisition request in the amount of $18,250 for 3 Point Athletics (5251 Lawler Ave., Chicago IL) to provide golf instruction for the youth programs. (RFP #10-66) Fundina Source: This program is budgeted in Business Unit 3155 (Youth Golf). All expenses for the program are covered by participation fees. Summarv: 3 Point Athletics/One on One is under contract until March 2013 to provide youth instructional lessons for the golf classes and summer camp. They receive between 60% to 70% of the participant fees, depending on the program. The contract was approved by City Council at their March 8, 2010 meeting. Total projected revenue collected by the program is $25,000 a year. Should you have any question about this request, please let me know. Approved Pallyobkiewicz, anager Date Approved as to form: a W. Grant Farrar Corporation Counsel PURCHASING COPY REQUISITION 0 Material/service 0 Storeroom Items ❑ Janitorial Req.# Date:,-Yt-1 l I Needed By:3-01-11 Chandler -Newberger Center City of Evanston 1028 Central Street Evanston IL 60201 Description Youth Golf Program instruction CERTIFICATION CITY OF EVANSTON FINANCE DEPARTMENT PURCHASING AND ACCOUNTS PAYABLE DIVISION Department: Parks! 1 3155.62505 Forestry and Recreation Kevin Wallin CENTER (847) 448-8252 FAX 847-448-8051 I Hereby Approve the purchase of the items) and or services listed above and certify that there are suf inent uncombered funds to -'rant same Qty Unit Of Estimated Unit Measure Cost 18,250 00 TOTAL COST 18,250 00 Buyer I Vendor # R0.9 --- - Order Date _ Deliver Date - - Terms - - - - - Confirmation To Suggested Sources Of Supply _ Actual Cost - unit Total 3 Point Athletics - 5251 Lawler Avenue - Chicago. IL 60630 Vendor 4 275144 `� Division Head ATTACHMENT A AGREEMENT BETWEEN THE CITY OF EVANSTON (OWNER) AND ONE ON ONE BASKETBALL, INC. (CONSULTANT) This is an Agreement between the City of Evanston hereinafter called "Owner" and One on One Basketball, Inc. hereinafter called "Contractor" to provide a complete golf program to the Owner. The Contractor services will be performed for the Owner who is located at 2100 Ridge Avenue, Evanston Illinois. The Contractor's services will be completed by March 31, 2013. The Contractor's services shall begin as April 1, 2010 and end March 31, 2013. The Owner reserves the right to extend the agreement for two additional one year periods. If Owner decides to exercise its option hereunder, Owner shall provide Contractor with 180 days notice prior to the completion of the contract. The Contractor's representative is Dave Regnier, whose work address and telephone number are 3034 West Gunnison, Chicago, IL 60625. His phone number's are 773-588-2255 and 773-8484667. The Owner's representative is Kevin Wallin, whose work address and telephone number are 2100 Avenue, Evanston, Illinois 60201, 847448-8680. This Agreement incorporates and the parties agree to all of the Standard Provisions oftbis Agreement attached hereto and made a part hereof. The Contractor acknowledges receipt of a copy of these Standard Provisions. The parties also agree to all of the provisions, which are annexed and made part of ibis Agreement, consisting of Attachments B and Program Revenue Allocation Schedule. Nothing in this Agreement accords any third party beneficiary rights whatsoever on any non-party that may be enforced by any non-party to this Agreement. For the By: Title: Date: For the City of Evanston By - Title: Date. Approved as to form.. W. Grant Farrar Corporation Counsel ADDENDUM TO AGREEMENT BETWEEN THE CITY OF EVANSTON (OWNER) AND— ONE ON ONE BASKETBALL, INC. (CONSULTANT) THIS ADDENDUM TO A RE MENT (hereinafter referred to as the "Addendum") entered into this 1601 day of 2010, between the City of Evanston, an Illinois municipal corporation with offices it 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the "City"), and One on One Basketball, Inc., (hereinafter referred to as the "Consultant"). RECITALS WHEREAS, the City has authorized the entry into an Agreement for professional services with the the Consultant; WHEREAS, this Addendum shall be attached and made a part of the Agreement hereto. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION I -Services and Duties of the Consultant 1.1 The Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements now in force or which may be in force during the tern of this Agreement. Effective 1/1/2010, pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (5 working days with a possible 5 working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant's control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. SECTION 2 — Insurance 2.1 The Consultant shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors. If requested, the Consultant shall give the City a certified copy(ies) of the insurance policies evidencing the amounts set forth in Section 7.2. The policies must be delivered to the City within two weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail sixty (60) days written notice to the City. If applicable, the Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Addendum to Agreement Between the City of Evanston and One on One Basketball, Inc. Page 1 of 3 2.2 Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant's performance or failure to perform the Services hereunder: (1) worker's compensation in statutory limits and employer's liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, which designates the City as an additional insured for not less than $2,000,000 combined single limit for bodily injury, death and property damage, per occurrence. Consultant's services cannot commence until Consultant first provides the City with certificates of insurance and, if requested by City, certified copies of the policies of insurance evidencing the coverage, and the amounts set forth in this Section. These certificates of insurance and insurance policy(ies) shall explicitly designate the City as an additional insured for this Project. If Consultant fails to give the City such certificates of insurance as referenced herein, and a certified copy of the policy(ies) (if requested), that shall constitute a material breach by Consultant of this Agreement. Consultant's certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without sixty (60) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of Certificates of Insurance, policies and any other documents by the City in no way releases the Consultant and its sub consultants or subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the "Other Insurance" clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney's fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Consultant. Consultant may seek to have proprietary information submitted by it to the City withheld from disclosure to third parties to the extent that such information falls within the definition and provisions of Section 7(1)(g) of the Illinois Freedom of Information Act (5 ILCS 140/1 et seq), and so long as such information has been furnished to the City under a proprietary claim as provided in said Act. SECTION 3 — Indemnification 3.1 The Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including reasonable attorney's fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant's sub consultants, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration or termination of this Agreement. 3.2 Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and Addendum to Agreement Between the City of Evanston and One on One Basketball, Inc. Page 2 of 3 experts, any claims, actions or suits brought against them. The Consultant shall be liable for the reasonable costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel's option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision (such as, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991)). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. 3.4 The provisions of this Section 3 shall survive completion, expiration or termination of this Agreement. SECTION 4-Governine Law 4.1 This Agreement and this Addendum shall be governed by the laws of the State of Illinois both as to interpretation and performance. Venue for any action arising out of or due to this Agreement shall be in the Circuit Court of Cook County, Illinois. CITY OF EVANSTON V2� Wally Bobkiewicz Its: City Manager Approved as to Form: (/ W. Grant Farrar, City of Evanston Coip ion Counsel CONSULTANT By: _ Addendum to Agreement Between the City of Evanston and One on One Basketball, Inc. Page 3 of 3 City of Evanston March 11, 2010 Mr. Arthur Jackson One on One Basketball, Inc. 3034 West Gunnison Chicago, IL 60625 RE: RFP # 10-66, Golf Program for the City of Evanston Dear Mr. Jackson: 2100 Ridge Avenue Evanston, Illinois 60201-2798 T 847.328.2100 TTY 847.328.4080 www.cityofevanston.org Congratulations, I am pleased to inform you that the City of Evanston has awarded your firm the contract for the subject for a three-year period with an option to renew for two (2) additional one-year increments. Please forward the required Insurance Certificate, naming the City of Evanston as additional insured. A Purchase Order will be issued for this contract; please refer to this number when submitting invoices. Should you have any questions or concerns, I can be reached at either 847-866- 2935 or iiacksonOcitvofevanston.ora. Sincerely, ewell Jackson urchasing and Contracts Manager Cc: Kevin Wallin, Parks, Recreation and Community Services Douglas Gaynor, Parks, Recreation and Community Services Joeilen Daley, Director of Administrative Services Lloyd Shepard, Business Development Coordinator Page 1 of 1 PRODUCER FOR SERVICE CALL: FRANCIS L. DEAN & ASSOCIATES, INC. 1776 S. NAPERVILLE RD., BLDG. B P.O. BOX 4200 WHEATON, IL 60189 (800)745-2409 www.fdean.com INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS DATE (MM/DD/YY) 9/10/2010 FONLY CERTIFICA,........,.,.,I N ISSUED AS A MATTER OF INFORMATION ATE ID CONFERS RIGHTS UPON THE CERTIFICATE HOLDER. C R C TE DOES NOT AMEND, EXTEND OR ALTER THE RAG AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY RIVERPORT INSURANCE COMPANY A 3 Point Athletics 5251 N. Lawler Avenue COMPANY Chicago, IL 60630 CERT. #AP130272-00 C COMPANY D COVERAGES- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE GENERAL LIABILITY A COMMERCIAL GENERAL LIABILITY CLAIMSMADE aOCCUR OWNER'S & CONTRACTOR'S PROT X INCLUDES ATHLETIC PARTICPANTS AUTOMOBILE LIABILITY -1 ANY AUTO _,ALL OWNED AUTOS _ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS'LIABIUTY THE PARTNE SIETORI � NCL PARTNERSlE%ECUTIVE OFFICERS ARE EXCL Total Certificate Premium: POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER DATE (MMIDDIYY` DATE (MMIODIYY) WRD 180035 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS Camp Activities .CERTIFICATE HOLDER 3 Point Athletics 5251 N. Lawler Avenue Chicago, IL 60630 9/8/2010 9/8/2011 LIMITS I GENERAL AGGREGATE $ 1,000,000.00 1 PRODUCTSOOMPIOP AGG $ 1,000.000, 00 PERSONAL &ADV INJURY $ 1,000,000.00 I EACH OCCURRENCE $ 1,000,00000 1 FIRE DAMAGE (Any one lire) $ 300,000 00 MED EXP(Any one person) $ 5.000.00 COMBINED SINGLE LIMIT $ BODILY INJURY $ l (Per person) (BODILY INJURY $ (Per accident) PROPERTY DAMAGE I $ AUTO ONLY -EA ACCIDENT ( $ OTHER THAN AUTO ONLY EACH ACCIDENT( $ AGGREGATE $ EACH OCCURRENCE $ (AGGREGATE $ IWC STAiu. OTH� $ TOR Y LIMITS ER EL EACH ACCIDE NT $ EL DISEASE � POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ $630 00 CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE Erancis L. (Dean ACORD CORPORATION 1988 I ACCRD CERTIFICATE OF LIABILITY INSURANCE CSR DATE(MMDD,YYYY) 3POIN-L 1 12/17/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DeUSChle/Gilmore Ins Agcy, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Kankakee, IL 60901 Phoneo815-932-7411 INSURERS AFFORDING COVERAGE NAIC# INSURED iNsUnRA Miscellaneous IN'SURERB _ _ 3Point Athletics LLC wsl:ReR c: David Reiner 5251 North Lawler (INSURER D. Chicago IL 60630 ...._ .. ... .. .... .___._. . . INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICN ED NO'PWI F-SI ANDING ANY REOUIREMEN L TERM OR CONDI'FOR OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CF.RI IFICATE MAY BE ISSUED OR .MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES OCSCRIBED HEREIN IS SUBJECT10 ALL THE GRMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CI AIMS MSR-ADD'L," ' .. 1.'."..' __..,.__ _---- _._.__.__._. ..,--.I POLICY EpFECTIVE:POLICY-E%PIRATION LTR INSRO TYPE OF INSURANCE I POLICY NUMBER , DATE (MMIDDIYY) DATE (MMIDDIYY) LIMI IS GENERAL LIABILITY ( EACH OCCURRENCE S I COMP1ERCIAL GENERAL LIABILITY I DAMAGE TO RENTEDPREMISES L4 secrce:l S __,- „ - j CLAIMS MADELj OCCUR DIED ESP(AFy one person) IS PERSONAL 9 AUV WJUI?Y S i GBN'L AGGREGATE LIMIT APPLIES PER I POLICY I JECT LOG AUTOMOBILE LIABILITY — ANY AUTO ALL OWNED AU'105 I SCHEDULED AUTOS 1 HIRED AUTOS NOWOWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR I CLAIMS MADE �I DEDUCTIBLE 1 RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A I ANY PROPRIETORIPARTNERIEXECUTIVE OFFICENMEMBER EXCLUDED? IfXc, diTmlbe antler SPECIAL PROJISIONSS0.1 OTHER GENERAL AGGRUGAIr PROOUC I S � 6UVPNP AGO ,S CGf.IBIWEU $INu1.I: _ILnll C IEa acad =nt) BODILY INJURY S (Pe, perSJr) BODILY INJURI' S PROPE RTY DAIIJ• CE S (Per acc tlenq AUI0UNI.1 -FAACCIUPNI OTHER THAN FA ACC 5 AUTO OHL) AGG, S, EACH OCCURRENCE S 'AGGREGATE 5 _ F S I ,b NA=S LA I LI- UI'4' X TORY LIMITS-_ _, ;-ER APP # 25904500 �i, 12/16/10 12/16/11 , Pt RACHACCIPENI S 100, 000 EL DISEASE - EA EMPLOYEE, S 100, 000 EL DIS'6A5E. POLICY LIMIT S 500, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER City of Evanston 2100 Ridge Ave Chicago IL 60201 ACORD 25 (2001108) CANCELLATION , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPINA 1101, DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITI EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, THORcED REPRESS ATIVE ©ACORD CORPORATION 1988