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HomeMy WebLinkAboutImaginary Services - Live Action Role Playing Classes and CampsMemorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Audrey Thompson, Parks & Recreation Director CC: Tim Carter, Division Manager Subject: Approval of Sole Source Contract with Imaginary Services Date: January 8, 2024 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a sole source agreement with Imaginary Services (1143 Sherman Avenue Apt. 2, Evanston, IL 60202) for Parks and Recreation live-action role-playing classes and camps. The contract term will be from January 1, 2024, through December 31, 2026. Requires two-thirds (2/3) vote of the Council members. Funding Source: Revenue from program registrations is deposited into the General Fund Account, Chandler- Newberger Center Business Unit 100.30.3035.53565, and instructional expenses are paid from $365,000 a has which 100.30.3035.62505, Unit Business Chandler-Newberger budgeted allocation. Compensation for the vendor is based on the following amount of revenue collected: Program Vendor Revenue City Revenue Camps and Classes 70% 30% For 2024, the staff is projecting $60,000 in revenues and approximately $42,000 in expenses. Council Action: For Action Summary: The City of Evanston Parks and Recreation Department began working with Imaginary Services in 2019. It has been working with them for two years to offer after-school live-action role-play programming for the youth. The program is extremely popular, with classes filling up each session. Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Imaginary Services will provide all instruction, equipment, and staff for the classes and camps. An RFP was created in January 2023, and the contract was placed out to bid. We had three companies respond to the RFP. None of the companies met the criteria of the RFP, which resulted in the RFP being canceled. Staff recommends proceeding with the contract with Imaginary Services for their unique after-school programming. Attachments: Agreement Certificate of Insurance Page 2 of 12 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb SUPPLEMENTAL PROVISIONS In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to be executed by their duly authorized representatives on the dates shown below. CONTRACTOR CITY OF EVANSTON (Vendor Name) Signature Official Signature Printed Name Printed Name Title Date Title Date Address Designee Signature Printed Name Phone Fax Title E-mail Address PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT CONTRACT FOR SERVICES The Parties to this Agreement are the City of Evanston and _______________________________________________________. This Agreement, consisting of the signature page and numbered sectionslisted below and any attachments referenced in this Agreement, constitutes the entire Agreement between the Parties concerning the subject matter ofthe Agreement, and supersedes all prior proposals, Agreements and understandings between the Parties concerning the subject matter of theAgreement. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties. 1. TERM AND TERMINATION 2. DESCRIPTION OF SUPPLIES AND SERVICES 3. PRICING AND PAYMENT 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STANDARD CERTIFICATIONS 6. 7. DISCLOSURES AND CONFLICTS OF INTEREST Page 1 of 9 Revised 11/10/2022 6 Page 3 of 12 Imaginary Services Imaginary Services john dalton Digitally signed by john dalton Date: 2023.11.29 14:08:40 -06'00' John Dalton Owner 11.29.23 1143 Sherman Ave. #2 Evanston, IL 60202 847.902.7061 john@imaginaryservices.com Approved as to form: Alexandra B. Ruggie Interim Corporation Counsel Luke Stowe City Manager 02 / 02 / 2024 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb 2. DESCRIPTION OF SERVICES 2.1 Description of Service required: 2.2 WHERE SERVICES ARE TO BE PERFORMED:Unless otherwise specified in this section all services shall be performed in the City of Evanston, Illinois. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. Location where services will be performed Location where services will be performed Any supplies/materials or other tangible items left on City property by Vendor is done at Vendor’s risk.Vendor agrees to hold harmless the City for any damage or loss to Vendor supplies, materials or other property on City property. 2.3 SCHEDULE OF WORK:Any work performed on City premises shall be done during the hours designated by the City and performed in a manner that does not interfere with the City and its personnel. 2.4 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.4.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendors ability to perform the Agreement. 2.5 ASSIGNMENT AND SUBCONTRACTING: 2.5.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City. Page 2 of 9 Revised 11/10/2022 1. TERM AND TERMINATION 1.1 TERM OF THIS AGREEMENT:This Agreement has an initial term of January 1, 2024 through December 31, 2026. If a start date is not identified, the term shall commence upon the last dated signature of the Parties. This Agreement cannot be terminatedless than thirty (30) days before the agreed start date as indicated below. Any termination less than thirty (30) days before the agreed start datemust be with the written consent of the Department of Parks and Recreation. Request for termination, either before or after the thirty (30) day period must be made in writing and submitted to the appropriate representative of the Department of ParksandRecreation. 1.2 RENEWAL:Subject to the maximum total term as identified above. Pricing for the renewal term(s), or the formula for determining price is shown in the pricing section of this Agreement. Any renewal is subject to the same terms and conditions as the original Agreement except as stated below in this subsection. The City may renew this Agreement for any or all of the option periods specified; may exercise any of the renewal options early and may exercise more than one option at a time based on continuing need and favorable market conditions when in the best interest of theCity. The Agreement shall not renew automatically nor shall the Agreement renew solely at Vendor’s option. 1.3 TERMINATION FOR CAUSE:The City may terminate this Agreement, in whole or in part, immediately upon notice to Vendor if: (a) the City determines that the actions or inactions of Vendor have caused, or reasonably could cause, jeopardy to health, safety, or property, or (b) Vendor has notified the City that it is unable or unwilling to perform the Agreement. If Vendor fails to perform to the City’s satisfaction any material requirement of this Agreement, or is in violation of a material provision of this Agreement, the City shall provide written notice to Vendor to cure the problem identified within the period of time specified in the City’s written notice. If not cured by that date, the City may either: (a) immediately terminate the Agreement without additional written notice or (b) enforce the terms and conditions of the Agreement. For termination due to any of the causes contained in this Section, the City retains its rights to seek any available legal or equitable remedies and damages. 1.4 TERMINATION FOR CONVENIENCE:The City may, for its convenience and with 7 days prior written notice to Vendor, terminate this Agreement in whole or in part and without payment of any penalty or incurring any further obligation to Vendor. Vendor shall be entitled to compensation upon submission of invoices and proof of claim for supplies and services provided in compliance with this Agreement up to and including the date of termination. Page 4 of 12 instruction of all scheduled fantasy and live-action role-play programming James Park Fieldhouse, Evanston IL Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Page 3 of 9 Revised 11/10/2022 2.5.2 For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the Agreement. Will subcontractors be utilized? Yes No 2.5.3 Vendor shall describe below the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this Agreement, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this Agreement. Vendor shall provide a copy of any subcontracts within 20 days of execution of this Agreement for approval by the City. Vendor shall be responsible for the accuracy and quality of any subcontractor’s performa nce. Subcontractor Name Amount to be paid Address Description of work Subcontractor Name Amount to be paid Address Description of work 2.5.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of this Agreement. Vendor may, upon request of the City, provide to the City a draft subcontractor agreement for review and approval prior to the execution of the subcontract. Subontractor agreements shall provide that services to be performed under the subcontracting agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. 2.5.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement. 3. PRICING AND PAYMENT. 3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows: Hourly Monthly Annually Project Item (show unit of measure and rate) 50% Vendor/50% City of Evanston to include the following provided by the City of Evanston:  AV set up  Room set up and break down  Registration management  Marketing of class/program to include promotion in program guide, when schedule permits, e-blasts, etc.  Use of exisiting equipment owned by the City of Evanston as described as follows : o ________________________________________________________ o ________________________________________________________ o ________________________________________________________ o ________________________________________________________  AND Storage space provided, as available, by the Parks and Recreation Department, specifically described as follows: o ________________________________________________________ o ________________________________________________________ 60% Vendor/40% City of Evanston to include the following provided by the City of Evanston:  AV set up  Room set up and break down  Registration management  Marketing of class/program to include promotion in program guide, when schedule permits, e-blasts, etc. Page 5 of 12 After completion of each seasonal program. Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Page 4 of 9 Revised 11/10/2022 One of the following options (please select one option only): Use of exisiting equipment owned by the City of Evanston as described as follows : o _______________________________________________________ o _______________________________________________________ o _______________________________________________________ o _______________________________________________________ OR Storage space provided, as available, by the Parks and Recreation Department, specifically described as follows: o _______________________________________________________ o _______________________________________________________ 70% Vendor/30% City of Evanston to include the following provided by the City of Evanston:  AV set up  Room set up and break down  Registration management  Marketing of class/program to include promotion in program guide, when schedule permits, e-blasts, etc. 3.2 TYPE OF PRICING: Pricing under this Agreement is Firm Estimated 3.3 RENEWAL COMPENSATION: If this Agreement is renewed, the price shall be at the same rate as for the initial term unless a different compensation or formula for determining the renewal compensation is stated in this section. 3.4 TAX: Payment will be made in full without local, state, or federal tax withheld. 3.5 PAYMENT TERMS AND CONDITIONS: 3.5.1 Payments, will be paid in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. Remedies provided for therein shall be Vendor’s sole remedy for late payments by the City. Payment terms contained on Vendor’s invoices shall have no force and effect. 3.5.2 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this Agreement by the Parties even if the effective date of the Agreement is prior to execution. 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1 AVAILABILITY OF APPROPRIATION: This Agreement is contingent upon and subject to the availability of funds. The City, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4.2 BACKGROUND CHECK AND DRUG TESTING: Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its expense, criminal background checks of Vendor, including fingerprinting and DCFS authorization. Additionally, Vendor may be subjected to drug testing. Vendor shall reassign immediately any such individual who, in the opinion of the City, does not pass the background check or fails the drug testing. 4.3 POLICY MANUAL: Although Vendor is not an employee, Vendor agrees to follow the policies outlined in Chapter VI of the City of Evanston Employee Manual which outlines Ethics Rules; Workplace Harassment Policy; Drug and Alcohol Policy; Personal Appearance; Workplace Violence; and Weapons-Free Workplace. 4.4 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this Agreement. Vendor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. Page 6 of 12 Vendor will receive 70% of resident rate revenue Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Page 5 of 9 Revised 11/10/2022 4.5 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future. 4.6 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration. 4.7 CONFIDENTIAL INFORMATION/FOIA: Each Party, to this Agreement may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Vendor shall presume all information received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7 et. seq., shall be considered public. No confidential data collected, maintained, or used in the course of performance of the Agreement shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the Agreement or thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the Agreement, in whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. Upon notification by the City that it has received a Freedom of Information Act request that calls for records within the Vendor’s control, the Vendor shall promptly provide all requested records to the City so that the City may comply with the request within the limited statutory timeframes required by FOIA. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certai n records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 4.8 USE AND OWNERSHIP: All work performed or supplies created by Vendor under this Agreement, whether written documents or data, goods or deliverables of any kind, shall be deemed work-for-hire under copyright law and all intellectual property and other laws, and the City is granted sole and exclusive ownership to all such work, unless otherwise agreed in writing. Vendor hereby assigns to the City all right, title, and interest in and to such work including any related intellectual property rights, and/or waives any and all claims that Vendor may have to such work including any so-called "moral rights" in connection with the work. Vendor acknowledges the City may use the work product for any purpose. Confidential data or information contained in such work shall be subject to confidentiality provisions of this Agreement. This paragraph does not apply to work or supplies created by Vendor prior to this Agreement and provided to the City during the term of this Agreement. 4.8 INDEMNIFICATION AND LIABILITY: Vendor 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 attorney’s fees, judgments or settlements, resulting from or arisin g out of any negligent or willful act or omission on the part of Vendor. 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. 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. Vendor shall be liable for the 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, Vendor 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 Vendor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Vendor 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, Vendor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claims that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, 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. Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of his/her Work. Acceptance of the work by the City will not relieve Vendor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section 4.8 shall survive completion, expiration, or termination of this Agreement. 4.9 INSURANCE: Vendor 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 services and work hereunder by Vendor. If Vendor cannot secure insurance, Vendor hereby agrees to indemnify and hold harmless the City in accordance with Section 4.8 for any claims arising directly out of Vendor’s Work. Vendor expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of any general liability insurance policy as respects the City. Page 7 of 12 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Page 6 of 9 Revised 11/10/2022 4.10 INDEPENDENT CONTRACTOR: Vendor shall act as an independent Vendor and not an agent or employee of, or joint venture with the City. All payments by the City shall be made on that basis. 4.11 COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and all license and permit requirements in the performance of this Agreement. Vendor shall be in compliance with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at its own expense, all licenses and permissions necessary for the performance of this Agreement. 4.12 APPLICABLE LAW/VENUE: This Agreement shall be construed in accordance with and is subject to the laws and rules of the City of Evanston and the State of Illinois. The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. The City shall not enter into binding arbitration to resolve any dispute related to this Agreement. The City does not waive tort immunity by entering into this Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Human Rights Act, the U. S. Civil Rights Act, and Section 504 of the federal Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity. Venue for any action out of or due to this Agreement shall be in Cook County, Illinois. 4.13 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the subject matter of the Agreement, then upon request of the City’s Corporation Counsel, Vendor shall assign to the City rights, title and interest in and to the claim or cause of action. 4.14 CONTRACTUAL AUTHORITY: The Department that signs for the City shall be the only City entity responsible for performance and payment under the Agreement. When the City’s authorized designee signs in addition to an Department, they do so as approving officer and shall have no liability to Vendor. 4.15 NOTICES: Notices and other communications provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e-mail, or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the Agreement using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time it is actually received. By giving notice, either Party may change the contact information. 4.16 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the City’s and Vendor’s terms, conditions and attachments, the City’s terms, conditions and attachments shall prevail. 4.17 PERFORMANCE RECORD / SUSPENSION: Upon request of the City, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of the Agreement. The City may consider Vendor’s performance under this Agreement and compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities. 4.18 FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 4.19 NON-WAIVER OF RIGHTS: No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under this Agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof. 4.20 SEVERABILITY: Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unenforceable provision had not been contained herein. 4.21 COUNTERPARTS: For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. 4.22 SAVINGS CLAUSE: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 5. STANDARD CERTIFICATIONS Page 8 of 12 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Page 7 of 9 Revised 11/10/2022 Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the Agreement and any renewals is a material requirement and condition of this Agreement. By executing this Agreement, Vendor certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance. This section, and each subsection, applies to subcontractors used on this Agreement. Vendor shall include these Standard Certifications in any subcontract used in the performance of the Agreement. If this Agreement extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm compliance with this section in the manner and format determined by the City by the date specified by the City and in no event later than January 1 of each year that this Agreement remains in effect. If the Parties determine that any certification in this section is not applicable to this Agreement, it may be stricken without affecting the remaining subsections. 5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply:  the Agreement may be void by operation of law, and  the City may void the Agreement. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 5.2 Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this Agreement. 5.3 Vendor certifies that persons having contact with any vulnerable population (any minor under the age of 18, a person who is 18 years of age or older with a disabilitiy or any person who is 60 years of age or older) must certify that they are mandated reporters by completing the CANTS 22 Form and complete the mandated reporter training prior to delivery of services under this agreement. The mandated reporter DCFS Illinois training can be found at https://mr.dcfstraining.org. Vender must provide proof of acknowledgment and training to the City on demand. 5.4 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 5.5 Vendor certifies that it and its affiliates are not delinquent in the payment of any fees, fines, damages, or debts to the City. 5.6 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105). 5.7 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under this Agreement for which applicable Illinois law requires a license, subject to prior approval of the City. 6.0 DISCLOSURES AND CONFLICTS OF INTEREST Section 1: Conflict of Interest Prohibited Vendor shall not have any public or private interest and shall not acquire directly or indirectly any such interest which conflicts in any manner with its performance under this Agreement. Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section). Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 years: Debarment from contracting with any governmental entity Yes No Professional licensure discipline Yes No Bankruptcies Yes No Adverse civil judgments and administrative findings Yes No Criminal felony convictions Yes No Page 9 of 12 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Page 8 of 9 Revised 11/10/2022 If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The City reserves the right to request more information, should the information need further clarification. 7. SUPPLEMENTAL PROVISIONS 7.1 City Supplemental Provisions Definitions Required Federal Clauses, Certifications and Assurances ARRA Requirements (American Recovery and Reinvestment Act of 2009) Prevailing Wage (820 ILCS 130/1 et seq.) M/W/EBE Subcontracting Requirements Other (describe) CANTS 22 Attached Chapter VI of the City of Evanston Employee Manual (Ethics Rules, Workplace Harassment Policy, Drug and Alcohol Policy, Personal Appearance, Workplace Violence, and Weapons-Free Workplace). 7.2 Vendor Supplemental Provisions Page 10 of 12 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Page 9 of 9 Revised 11/10/2022 TAXPAYER IDENTIFICATION NUMBER I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien).  If you are an individual, enter your name and SSN as it appears on your Social Security Card.  If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN.  If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the d/b/a on the business name line and enter the owner’s SSN or EIN.  If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277).  For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security Number or Employer Identification Number Legal Status (check one): Individual Governmental Sole Proprietor Nonresident alien Partnership Estate or trust Legal Services Corporation Pharmacy (Non-Corp.) Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.) Corporation providing or billing Limited Liability Company (select applicable tax classification) medical and/or health care services D = disregarded entity C = corporation Corporation NOT providing or billing P = partnership medical and/or health care services Signature: Date: Page 11 of 12 John Dalton Imaginary Services 85-1442223 john dalton Digitally signed by john dalton Date: 2023.11.29 14:14:41 -06'00'11.29.23 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/29/2023 (708) 398-6008 22543 John Dalton dba The Imaginary Game 1143 Sherman Ave #2 Evanston, IL 60202 A 1,000,000 X 20-CP-003309123-13 7/18/2023 7/18/2024 100,000 5,000 1,000,000 2,000,000 2,000,000 City of Evanston 2100 Ridge Avenue Evanston, IL 60201 IMAGSER-01 CSALGADO Evergreen Park, IL-McNellis Insurance-Hub International Midwest West9401 S Pulaski Road Suite 301 Evergreen Park, IL 60805 Ciria Salgado ciria.salgado@hubinternational.com Secura Insurance X X X Page 12 of 12 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb SOLE SOURCE JUSTIFICATION (Requester completes Section A and B) SECTION A - SOLE SOURCE PURCHASE: Complete if sole source purchase is $1,500 or over, AND competition is not available. Sole Source approvals are valid one year from approval date, unless specified elsewhere. Requisition No. (if applicable): Amount: $42,000 Date: 12-4-23 Supplies/Services Required (be specific): Live-action role-playing and larping classes Proposed Vendor: Imaginary Services Vendor No: 16679 Requested by: Eric Eichholz Dept: Parks and Recreation Ext: 8685 Justification prepared by: Eric Eichholz Dept: Parks and Recreation Ext: 8685 Check One: The requested supply/service is a sole source procurement due to: AVAILABILITY/ONE OF A KIND – No competitive product exists or is available from another vendor. COMPATIBILITY – Must match existing piece or brand of equipment and is available from only one vendor. REPLACEMENT/MAINTENANCE – Repair or maintenance for specific brand of existing equipment and is available from only original equipment manufacturer or designated service dealer. OTHER - Provide below full explanations, details, complete descriptions, and relevant reasons to support the sole source justification: The City of Evanston Parks and Recreation began working with Imaginary Services in 2019 and has been working with them for 3 years to offer after school live-action role-playing programming for the youth. The program is extremely popular, with classes filling up each session. SECTION B - REQUESTER CERTIFICATION: By submitting this request, I certify that the above justification/information is accurate and complete to the best of my knowledge and that I have no personal interests relative to this request. Eric Eichholz 12-4-23 (Name and Signature of Requester) (Date) SECTION C - TO BE:COMPLETED BY PURCHASING AGENT: Based on the information provided in Section A and attached supporting documents, I concur / do not concur (see below) with purchase to be a Sole Source. Do not concur for the following reason(s): (Name and Signature of Purchasing Agent or Other) (Date) 02 / 02 / 2024 Doc ID: 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb Contract with Imaginary Services - Live Action Role Playing... Approval of Sole ...nary Services.pdf 03ced60061f1715fbb168a5cdf6e219ebcc5c6fb MM / DD / YYYY Signed 02 / 02 / 2024 10:26:40 UTC-6 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 66.158.65.76 02 / 02 / 2024 10:53:06 UTC-6 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 66.158.65.76 02 / 02 / 2024 10:53:15 UTC-6 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 66.158.65.76 02 / 02 / 2024 16:06:45 UTC-6 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 02 / 02 / 2024 16:07:01 UTC-6 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 The document has been completed.02 / 02 / 2024 16:07:01 UTC-6