HomeMy WebLinkAboutCooperative Maintenance Agreement for Central Business DistrictExhibit B
FUNDING AGREEMENT
BETWEEN
EVMARK dba DOWNTOWN EVANSTON AND THE CITY OF EVANSTON
LANDSCAPING AND MAINTENANCE SERVICES -
CENTRAL BUSINESS DISTRICT
This Agreement for the provision of landscape maintenance services necessary to the City of Evanston in
the central business district, made this % 5f day of January, 2012, by and between and City of
Evanston (City), located at 2100 Ridge Avenue, Evanston, Illinois 60201 and EVMARK dba Downtown
Evanston, located at 820 Davis Street, Suite 151, Evanston, IL 60201 (Corporation). The City of Evanston
(City) and EVMARK dba Downtown Evanston, an Illinois not -for -profit corporation (Corporation), agree
as set forth in this Funding Agreement for landscaping and maintenance within Special Service Area #4,
the downtown rail stations and the Farmers Market.
The initial term of this Agreement shall be for a 12-month period effective January 1, 2012 thru December
31, 2012. Thereafter, this Agreement may be renewed annually by written agreement of the City and the
Corporation for additional terms of not more than one year each.
Corporation shall perform the Services described in the attached Exhibit A and shall perform the Services
in a good and workmanlike manner. All Services performed and documentation (regardless of format)
provided by Corporation shall be in accordance with the highest professional standards, free from errors or
omissions, ambiguities, coordination problems, and other defects in the documentation. Corporation shall
take into account any and all applicable plans and/or specifications furnished by City or by others at City's
direction or request, to Corporation during the term of this Agreement. Corporation shall cause its
employees to observe the working hours, rules, security regulations and holiday schedules of City while
working and to perform their respective duties in a manner which does not unreasonably interfere with the
City's business and operations, or the business and operations of the tenants and occupants of the City.
Corporation shall take all necessary precautions to assure the safety of its employees who are engaged in
the performance of the Services, all equipment and supplies used in connection therewith, and all property
of City or other parties that may be affected in connection therewith. If so requested by the City,
Corporation shall promptly replace any employee or agent performing the Services if, in the opinion of the
City, such performance is unsatisfactory.
Corporation will not discriminate, directly or indirectly, on the grounds of race, color, religion, sex, age or
national origin in its employment practices under this Agreement. The Corporation agrees to comply with
all provisions of the City of Evanston's Fair Employment Practices Ordinance. The Corporation further
agrees that it will make a good faith effort to assure that qualified minority business enterprises are solicited
to assist in the provision of the landscape maintenance services listed below.
City shall pay Corporation a total of $88,247 for the provisions listed in the attachment; $22,061.75 will be
paid upon the signing of this Agreement in January, 2012. The remaining balance will be paid in the three
equal installments of $22,061.75 each on May 1, August 1, and November 1. Corporation will invoice the
City one month prior to the due date.
Corporation shall indemnify, protect, and save harmless the City of Evanston, its agents, officials and
employees against all injuries, deaths, loss damages, claims, patents, suits, judgments, costs, and expenses
which may in any way accrue against the City in consequence of the granting of this Agreement or which
may in any way result therefrom, whether or not it shall be alleged or determined that the act was caused
through the negligent act or omission of the Corporation or its employees, and Corporation shall, at its own
expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom
or incurred in connection therewith: and, if any judgments shall be rendered against the City in any such
act, Corporation shall, at its own expense satisfy and discharge same.
Corporation shall at all times during the Term, and any extension or continuation of this Agreement, at its
sole cost and expense, obtain and maintain the following insurance which shall name City of Evanston as
additional insured. Insurance required under this Article shall be with companies rated A+15 or better in
Bests's Insurance Guide. Corporation shall deliver to City, prior to commencement of any Services
hereunder, copies of policies of such insurance or certificates evidencing the existence of amounts of same
with loss payable clauses satisfactory to City. No policy shall be cancelable or subject to reduction of
coverage except after thirty (30) days prior written notice to City.
Corporation shall furnish two (2) copies of certificates, with the City named as an additional insured,
showing the following minimum coverage with an insurance company acceptable to the City. Insurance
must be on an occurrence basis and define a per location aggregate. The City's Director of Safety and Risk
Management must approve deductible limits, if any.
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Thirty day notice of cancellation required on all
certificates
Commercial General Liability including
Professional Liability
Comprehensive Form
Premises -Operations
Products/Completed Operations
Contractual Insurance with an endorsement on the face
of the certificate that it includes the "indemnity"
paragraphs of the specifications
Broad Dorm Property Damage -construction
projects only
Independent Consultants
Personal Injury
Automobile Liability; owned, non -owned or
rented
Workmen's compensation and occupational diseases
Employers Liability
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Consequent Death
Per person, each Aggregate, each
occurrence occurrence
$1,000,000 $1,000,000
$1,000,000
As required by applicable laws
$500,000
In the event of accidents, injuries, or unusual events, whether or not any injury occurred, Corporation shall
promptly furnish the City with (1) copy of all reports of such incidents within twenty-four (24) hours
weekdays (Monday through Thursday) and up to seventy two (72) hours weekends (Friday and Saturday),
after the accident or as soon thereafter as such reports are available.
City may, with cause and upon fifteen (15) business days written notice, terminate this Agreement,
provided that the City has given written notice to EVMARK dba Downtown Evanston stating said cause
for considering termination, and given them 15 business days to cure the problems.
The following services described in Exhibit A shall be performed by either Corporation or its designated
representative in the central business district.
This Agreement constitutes the entire agreement between the parties and supersedes all previous written or
oral agreements, if any, relative to the subject matter hereof. This Agreement specifies those services
above and beyond those listed in the Implementation Agreement for Evanston Special Service Area #4.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day,
month, and year first above written.
CORPORATION:
EVMARK dba Downtown Evanston
820 Davis Street, Suite 151
Evanston, Illin0 60201
By.
arolyn L Del tri
Executive Director
Attest:
J
CITY:
CITY OF EVANSTON
2100 Ridge Avenue
Evanston, Illinois 60201
By: UTA
Wally Bobkigwicz
City Manager
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