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HomeMy WebLinkAboutChandler Community CenterTo: Wally Bobkiewicz, City Manager From: Douglas J. Gaynor, Director, Parks, Recreation & Community Se 'ces Re: 2012 Sports Endeavors Inc. Requisition Date: May 30, 2012 Recommendation Attached is the requisition for Sports Endeavors Inc. (206 Lindenwood Dr. Michigan City, IN) for volleyball instruction services at the Chandler Newberger Center for your approval. Funding Source Funding for instruction will be charged back to the Chandler Newberger Center Business Unit 3035.62505 and is totally revenue supported. Discussion Sports Endeavors Inc. has been the vendor providing volleyball instruction at the Chandler Newberger Center for the last seven years. The vendor, Sports Endeavors Inc. receives 75% 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 Sports Endeavors Inc. are $15,800 for the year. In 2011, Sports Endeavors Inc. was paid $14,323 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. Approved b ally Bobkiewicz, City ager Date PURCHASING COPY REQUISITION ❑ Material/service ❑ Storeroom Items ❑ Janitorial Req. # Date: 06-14-12 1 Needed By: 06-15-12 Chandler -Newberger Center City of Evanston 1028 Central Street Evanston IL 60201 Description CITY OF EVANSTON FINANCE DEPARTMENT PURCHASING AND ACCOUNTS PAYABLE DIVISION Department: Parks, Rec. 1 3035.62505 & Community Svcs. Kevin Wallin or Ray Doerner CENTER (847) 448-8252 FAX 847-448-8051 Volleyball Program Instruction forChandler-Newberger CERTIFICATION I Hereby Approve the purchase of the item(s) and or services listed above and cemfy that there are sufficient uncombered funds to grant same Buyer Vendor#.., R01 _ Order Date _ Deliver Date - _ Terms - Confrmation To Suggested Sources Of Supply Qty Unit Of Estimated Unit Actual Cost Measure Cost - Unit Totat 15,800 00 � E -Sports Endeavors, INC. _ _ - 206 Lindenwood Or - Michigan City. IN 46360 - Vendor#104887 TOTAL COST 15,800 00 Os/;)b';t' Division He I Department Head AGREEMENT BETWEEN THE CITY OF EVANSTON (OWNER) AND Sports Endeavors, Inc. (CONSULTANT) This is an Agreement between the City of Evanston hereinafter called "Owner' and Sports Endeavors, Inc. hereinafter called "Contractor" to provide beach and indoor volleyball programs 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 August 31, 2012. The Contractor's services shall begin as January 1, 2012 and end August 31, 2012. The City of Evanston. Parks, Recreation & Community Services Department agrees to pay the contractor 75% of collected revenue (resident's rate) for instruction of indoor volleyball programs. 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 Ross Balling, whose work address and telephone number are 206 Lindenwood Drive, Michigan City, Indiana 46360, 312-287-5988. The Owner's representative is Ray Doemer, whose work address and telephone number are 1028 Central St., Evanston, Illinois 60201, 847-448-8682. 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 Sports Endeavors, Inc. 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 Con or By: �{}} Title: Date: For the City of Evanston y�f By: W/1 Title: cc ���� Date: 71.2-11 Z ADDENDUM TO AGREEMENT BETWEEN THE CITY OF EVANSTON (OWNER) AND Sports Endeavors, Inc. (CONSULTANT) THIS ADDENDUM TO AGREEMENT (hereinafter referred to as the "Addendum") entered into this 1" day of January 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 Sports Endeavors, Inc., (hereinafter referred to as the "Consultant"). RECITALS 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 1 -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 term of this Agreement. Effective 1/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 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 Sports Endeavors, 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 Sports Endeavors, 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 30511 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 -Governing 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 By: VV A V,1 Its: L� Approved as to Form: e(i� W. Grant Farrar, City of Evanston Corporation Counsel CONSULTANT Its: l l AA,6,� i Addendum to Agreement Between the City of Evanston and Sports Endeavors, Inc. Page 3 of 3 CERTIFICATE OF LIABILITY INSURANCE DA1/31/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FRANCIS L. DEAN & ASSOCIATES, LLC NAME: 1776 S. NAPERVILLE ROAD, BLDG-B INC."N , Extl: 800-745-2409 FAX Nm. 630-665-7294 P.O. BOX 4200 E-MAIL ADDRESS: WHEATON, IL 60189 ADDRESS: www.fdean.com INSURERS) AFFORDING COVERAGE NAICM (800)745-2409 INSURERA: Riverport insurance Company 36684 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION(PURCHASING GROUP)AND INSURER B: ITS PARTICIPATING MEMBERS: INSURERC: Sports Endeavors, Inc., EVP Tour Network, dba Volleyball ( Professionals INSURER D: 117 W. Williams ( INSURERE: Michigan City, IN 46360 INSURERF: COVERAGES CERTIFICATE NUMBER: AP156132-00 REVISION NUMBER: 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 ROL'CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUB pOLICYNUMBER LTR INSR VIVOIMMIDDIYYYY) POLICY EFF POLICY EXP LIMITS I", "YYY) GENERALLIABILITY GENERAL AGGREGATE $2,000,00000 GENERAL LIABILITY PRODUCTS COMPIGP AGO $2,000,000 UG CLAMS�MAOE OCCUR PERSONAL & ADV INJURY $1.000.000 00 TMERCIAL A X FLDG180412 1/31/2012 1/31/2013I EACH OCCURRENCE $1,000,00000 FIRE DAMAGE (Any one ire) $300,000 00 GEN'L AGGREGATE LIMIT APPLIES PER MED EXP (Any one person) 1 $5,000.00 POLICY n JEC n LOC § AUTOMOBILE LIABILITY _ COMBINED SINGLE LRdrt (Ea ncc,denll $ ANYAUTO BODILY INJURY (Per person) S ALL OWNED SO SDULEO BODILY INJURY AUTOS AUTOS (Per accident) $ NON DINNED HIRED AUTO H AUTOS PROPERTY DAMAGE PROPERTY 0M, YO 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS LIAR DLAMS.MADE AGGREGATE g DED RETENTION $ ( y WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN iJOR+TUMrts ERH S MY PROPRIETORIPARTNEWEXECU9VE EL EACH ACCIDENT OFFICERIMEMBER EXCLUDED? ❑NIA S (Mandatory in NH) E L DISEASE - EA EMPLOYEE S Dyne,dnOmbe DESCRIPTION OF OFFPERATIONS below EL DISEASE POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aftach ACORD 101, Ad itional Remarks Schedule, If more space Is required) THE CERTIFICATE HOLDER IS ADDED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS OF THE NAMED INSURED DURING THE POLICY PERIOD. CERTIFICATE HOLDER CANCELLATION CITY OF EVANSTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Eraneis L. mean © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD A� �H CERTIFICATE OF LIABILITY INSURANCE 16/14/20 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER I CONTACT Debbie Bell NAME: General Insurance Services PHONENcidt_Ert). (219)879-4581 FAX. Not: (219)873-1292 421 Franklin Street ADDRESS: dbell@genins. tors PROD P.O. Box 418 CURTOMFR ID*00032541 Michigan City IN 46361 INSURER(S) AFFORDING COVERAGE NAICa INSURED INSURER A Assigned Risk Work Comp 0002 INSURER B : Sports Endeavors, Inc. INSURERC: 117 W Williams St (INSURER D: INSURER E : Michigan City IN 46360-4232 (INSURER I F: COVERAGES CERTIFICATENUMBER.12/13 WC REVISION NUMBER: 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 POLI ,IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AUDLSUBR INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYYI IMMIODIYYYY1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE I U HEN I ED COMMERCIAL GENERAL LIABILITYPI REWSESLEa occurrence) $ CLAIMS-MADE❑OCCUR MED EXP(Any one person) S _ PERSONAL &ADV INJURY S GENERAL AGGREGATE S I GEN'L AGGREGATE LIMIT APPL�IES PER (PRODUCTS - COMWOP AGO S 7 FRD I $ I POLICYG LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ — Re accident) — ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ __ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS Foracciden0 $ NON OWNED AUTOS S $ UMBRELLA LIAB OCCUR I EACH OCCURRENCE $ EXCESS LIAB FII CIAIMS-MADE AGGREGATE $ DEDUCTIBLE ( $ RETENTION S $ I A WORKERS COMPENSATION X (TnRV ?AMITR) IUFR AND EMPLOYERS' LIABILITY YIN EL EACH ACCIDENT S 1,000,000I ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSER EXCLUDED? (Mandatory In NH) NIA ran APP#28199140 6/15/2012 6/15/2013 EL, DISEASE - EA EMPLOYEE $ 1,000,0001 If es, describe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY UMIT $ 1 , 000 , 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION rdoerner@cityofevanston.or SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Evanston ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Ray AUTHORIZED REPRESENTATIVE 2100 Ridge Road Evanston, IL 60201-2700 Debbie Bell/DEBBIE ACORD 25 (2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD