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HomeMy WebLinkAboutMartial Arts Instruction Program for Robert Crown40.0-1-117% Memorandum Q of Ew. •,- To: Wally Bobkiewicz, City Manager From: Douglas J. Gaynor, Director, Parks, Recreation & Community Ser) Re: 2012 Fonseca Martial Arts Class Instruction Requisition Date: May 30, 2012 Recommendation Attached is the requisition for Fonseca Martial Arts (823 '/z Chicago Ave. Evanston, IL) for martial arts program services at the Robert Crown Center for your approval. Funding Source Funding for instruction will be charged back to the Robert Crown Center Business Unit 3030.62505 and is totally revenue supported. Discussion Foncesa Martial Arts has been the vendor providing martial arts instruction at the Robert Crown Center for the last four years. The vendor, Foncesa Martial Arts receives 80% of participant fees at the program rate. This reimbursement covers all 2012 sessions and this agreement for classes runs through December 31, 2012. Estimated total payments to Foncesa Martial Arts are $13,000 for the year. In 2011, Foncesa Martial Arts was paid $11,987 for instructional services provided at the center and they continue to do excellent work. Please let me know if you have any questions about this request. W Approved ally Bobkiewicz, Cityager Date REQUISITION ❑ MateriaUservice ❑ Storeroom Items ❑ Janitorial Req. # Date: Needed By: 05/01/2012 06/01/2012 Robert Crown Center 1701 Main Street Evanston, IL 60202 CITY OF EVANSTON FINANCE DEPARTMENT PURCHASING AND ACCOUNTS PAYABLE DIVISION Department: Parks, Rec. & Com. Ser.. 1 3030.62505 Attention: Nanci Fragassi Description Blanket PO for instruction of Fonseca Martial Arts program,2012 @ Robert Crown Center CERTIFICATION (847)859-7824 I Hereby Approve the purchase of the nem(s) and or services listed above and certify that there are sufficient uncombered funds to grant same. Qty (Unit Of Estimated Unit Measure Cost \zi til I SYoz)D TOTAL COST $ PURCHASING COPY Buyer Vendor # P.O.# 215842 _ - 'Order Date - - - Deliver Date _ - - _Terms Confirmation To - _ Suggested Sources Of Supply Actual Cost - Unit - Total Fonseca Martial Arts —` 823 '/2 Chicago Ave. Evanston, IL 60202 ---- 847-866-0200 Division Head Special Instructions Department Head' AGREEMENT BETWEEN THE CITY OF EVANSTON (OWNER) AND FONSECA MARTIAL ARTS, (CONSULTANT) This is an Agreement between the City of Evanston, hereinafter called "Owner" and Fonseca Martial Arts, hereinafter called "Contractor" to provide karate classes 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 December 31, 2011 The Contractor's services shall begin as June 1, 2012 and end December 31, 2012. The City of Evanston, Parks, Recreation & Community Services Department agrees to pay the contractor 80% of collected revenue for instruction of Little Dragons Karate and All Ages Karate classes. Payment will be made without local, state, or federal tax deductions. Payment for services (i.e. program, administration and instruction) shall be made upon submittal of invoices by Contractor and acceptance by the owners. The Contractor's representative is Elisa An Fonseca, whose work address and telephone number are 823 '/ Chicago Ave., Evanston, IL, 60202, (847)866-0200. The Owner's representative is Nanci Fragassi, whose work address and telephone number are 2100 Ridge Ave., Evanston, IL 60201, (847)328-2100. This Agreement incorporates and the parties agree to all of the Standard Provisions of this 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 this Agreement, consisting of Addendum to agreement between the City of Evanston and Fonseca Martial Arts. 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 Contractor_ By: Title: Owvtr-- Date: `a )Izi'Yt.. For the City of Evanston By:LY Title: C i r y 14,411 *& e/t Date: 6 - ri - I -,I-- Approved as to form W. Grant Farrar Corporation Counsel ADDENDUM TO AGREEMENT BETWEEN THE CITY OF EVANSTON (OWNER) AND Fonseca Martial Arts, (CONSULTANT) THIS ADDENDUM TO AGREEMENT (hereinafter referred to as the "Addendum") entered into this I" day of June, 2012, between the City of Evanston, an Illinois municipal corporation with offices at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the "City"), and Fonseca Martial Arts, (hereinafter referred to as the "Consultant"). It7"9115:\1f*' WHEREAS, the City has authorized the entry into an Agreement for professional services with 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 LI 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 term of this Agreement. Effective I/l/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 timefrarnes (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 detemune 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. 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 perfonnance 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 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. f, 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 I11.2d 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. Approved as to Form: W. Grant Farr4r, City of Evanston Corporation Counsel CONSULTANT By. — Its: 10-- L vL" Evidence of Insurance Martial Arts Group, Inc. / Donald D. Prue (Agent) 767 S. State Rd. 7 Suite 15 Margate, FL 33068 1-800-207-6603 Fax: 954-917-6892 wwwJaomao.com Email: mygroup@bellsouth.net INSURED John Fonseca Fonseca Martial Arts 823 112 Chicago Ave. Evanston IL 60202 01-31-12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE LENDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. THE POLICY LISTED BELOW HAS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. THE INSURANCE AFFORDED BY THE POLICY IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Type of Insurance Insurance Company EFFECTIVE TERM LIMITS ' DATE General Liability ' General Liability Carrier is State Specific GENERAL AGGREGATE $3,000,000 X COMME PRODUCTS AGGREGATE $1,000,000 LCIABILITY I GENERPERSONAL I Starr IndemnityLiability & ADV. INJURY $1,000,000 A.M. Best# 012245 X Athletic Participants I (Rating. A+/ Category: XV) 01/26/2012 lYear EACH OCCURRENCE $1,000,000 Coverace , XI X Landlords Additional Insured X Includes 31d Party Properly Damage Accident Medical insurance X I Students & Staff Hired /Non -Owned Autos Excess Liability ' Riverport Insurance Company a member or Berkley Insurance Group Policy #WRD 180035 A.M. Best # 011017 (Rating: A+/ Category: XV Accident Carrier Slate Specific (Berkley, StarNet, Starr Indemnity) CERTIFICATE HOLDERS / ADDITIONAL INSUREDS: FIRE DAMAGE (Any One Fire) $300,000 Deductible $0 Total Der Accident $100.000 01/26/2012 1Year Deductible $250 ' Combined Single Limit $ ' IAGGREGATE $ Hamilton Elementary ,1650 W. Cornelia Ave. ,Chicago, IL 60657 Chicago Board of Education ,125 S. Clark Street, SIN Floor, Chicago, IL 60603 Art Benjamin, 823 Chicago Ave. Evanston, IL 60202 Dawes Elementary School„440 Dodge Ave. Evanston, IL 60202 Jack Pressman, 1211 Washington, LLC , 1211 Washington Ave. Wilmette, IL 60091 North Suburban YMCA, 2705 Techny Rd., Northbrook, IL 60062, Michael Arab, JKA Chicago, Inc., 853 W. Belmont Ave., Chicago, IL 60657 District 39, 615 Locust Ave., Wilmette, IL 60091 City of Evanston, 2100 Ridge Ave., Evanston, IL 60201 Dawes Elementary School, 440 dodge Ave., Evanston, IL 60202 Evanston Township High School, 1600 Dodge Ave., Evanston, IL 60201 LOCATIONS: 1211 Washington Ave. ,Wilmette, IL 60091 853 W. Belmont Ave., Chicago, IL 60657 8231/2 Chicago Ave. ,Evanston, IL 60202 DESCRIPTION OF OPERATIONS I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS: CANCELLATION -SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE ITS EXPIRATION DATE, THE ISSUING COMPANY W L ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICEW L IMPOSE NO OBLIGATION OR UABLIW OF ANYKIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATVE Domed AJw.e