HomeMy WebLinkAboutNorth Shore Towing Contract RFP 23-54 Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Lukasz Tatara, Interim Parking Manager
CC: Michael Rivera, Interim Administrative Services Director, Christian
Salavdor, Management Analyst
Subject: Approval of 3-Year Contract with North Shore Towing Services for
Evanston Police Department and Parking Services (RFP 23-54)
Date: March 25, 2024
Recommended Action:
Staff requests that the City Council authorize the City Manager to enter into a three-year
contract with North Shore Towing Inc. (2527 Oakton Street, Evanston, IL 60202) for towing
services for the Evanston Police Department (EPD) and Parking Services.
Funding Source:
The funding source for this line item is 100.19.1941.62451, which is used to pay for booted
vehicles that the City of Evanston Parking Division deems are scofflaws. The City of
Evanston is charged $75.00 to boot a vehicle, which is offset by the fee the citizen is charged
for booting their vehicle. ($125.00).
Council Action:
For Action
Summary:
Parking Services, in conjunction with EPD, submitted a request for proposal (RFP) for towing
services for Parking and EPD. The RFP was sent out in December 2023. The sole
respondent was North Shore Towing, which was partly due to the proximity of North Shore's
vehicle storage facility (2527 Oakton), which has a capacity of 225 vehicles. The Evanston
Police Department has over fifty (50) vehicles impounded at the North Shore facility. The
impounded vehicles may be evidence of crimes, and others are still pending litigation or
waiting for approved releases to auction houses or salvaged yards. Any new service provider
would need to agree to receive and mobilize the vehicles, and this would grossly minimize
any other service provider in a five-mile vicinity, as most facilities do not offer similar capacity.
North Shore currently retains the institutional knowledge of the City's inner workings.
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As an Evanston-based business, North Shore Towing has provided towing service to the
Police Department and Parking services for over thirty (30) years.
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Towing Services, MWDEBE Memo, RFP 23-54 , 3/11/2024
To: Edgar Cano, Public Works Agency Director
Lara Biggs, Capital Planning & Engineering Bureau Chief
Sat Nagar, Senior Project Manager
From: Tammi Nunez, Purchasing Manager
Subject: Towing Services, RFP 23-54
Date: March 11, 2024
The goal of the Minority, Women, Disadvantaged and Evanston Business
Enterprise Program (M/W/D/EBE) is to assist such businesses with opportunities to
grow. In order to help ensure such growth, the City’s goal is to have general
contractors utilize M/W/D/EBE’s to perform no less than 25% of the awarded
contract.
With regard to the recommendation for the Towing Services RFP 23-54, North
Shore, total base bid is $TBD and they are found to be in compliance with the City’s
25% goal.
Name of M/W/D/EBE Scope of Work Contract
Amount
% MBE WBE DBE EBE
North Shore Towing
2527 Oakton Street
Evanston, IL 60202
Towing Services TBD 100% X
Total M/W/D/EBE TBD 100%
CC: Hitesh Desai, Chief Financial Officer/Treasurer
Memorandum
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CITY OF EVANSTON
Exhibit J
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
3-Year Towing Services
RFP Number: 23-54
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this day
of April 1, 2024, between the City of Evanston, an Illinois municipal corporation with offices
located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”),
and North Shore Towing Inc with offices located at 2527 Oakton Street, Evanston, IL 60202,
(hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the
Services”) provided by the Consultant pursuant to the terms of this Agreement shall be to the
terms in the agreement.
I. COMMENCEMENT DATE
Consultant shall commence the Services on April 1, 2024, or no later than three
(3) DAYS AFTER City executes and delivers this Agreement to Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by N/A. If this Agreement provides for renewals
after an initial term, no renewal shall begin until agreed to in writing by bot h parties
prior to the completion date of this Agreement.
III. PAYMENTS
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City shall pay Consultant those fees as provided here: Payment shall be made
upon the completion of each task for a project, as set forth in Exhibit A –
Project Milestones and Deliverables. Any expenses in addition to those set
forth here must be specifically approved by the City in writing in advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are those
as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. #23-54
(Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). Services may
include, if any, other documented discussions and agreements regarding scope of
work and cost (Exhibit D).
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation (regardless
of format) provided by Consultant shall be in accordance with the standards of
reasonable care and skill of the profession, free from errors or omissions,
ambiguities, coordination problems, and other defects. Consultant 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 Consultant during the term of this
Agreement. All materials, buildings, structures, or equipment designed or
selected by Consultant shall be workable and fit for the intended use thereof,
and will comply with all applicable governmental requirements. Consultant
shall require its employees to observe the working hours, rules, security
regulations and holiday schedules of City while working and to perform its
Services in a manner which does not unreasonably interfere with the C ity’s
business and operations, or the business and operations of other tenants and
occupants in the City which may be affected by the work relative to this
Agreement. Consultant 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 requested by
City, Consultant shall promptly replace any employee or agent performing the
Services if, in the opinion of the City, the performance of the employee or agent
is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
Agreement. Nothing in this Agreement accords any third-party beneficiary
rights whatsoever to any non-party to this Agreement that any non-party may
seek to enforce. Consultant acknowledges and agrees that should Consultant
or its sub-consultants provide false information, or fail to be or remain in
compliance with this Agreement; the City may void this Agreement. The
Consultant warrants and states that it has read the Contract Documents, and
agrees to be bound thereby, including all performance guarantees as respects
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Consultant’s work and all indemnity and insurance requirements.
The Consultant shall obtain prior approval from the City prior to sub-contracting
with any entity or person to perform any of the work required unde r this
Agreement. If the Consultant sub-contracts any of the services to be performed
under this Agreement, the sub-consultant agreement shall provide that the
services to be performed under any such agreement shall not be sublet, sold,
transferred, assigned or otherwise disposed of to another entity or person
without the City’s prior written consent. The Consultant shall be responsible for
the accuracy and quality of any sub-consultant’s work.
All sub-consultant agreements shall include verbatim or by ref erence the
provisions in this Agreement binding upon Consultant as to all Services
provided by this Agreement, such that it is binding upon each and every sub -
consultant that does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and
others, as may be directed by the City. This shall include attendance at
meetings, discussions and hearings as requested by the City. This cooperation
shall extend to any investigation, hearings or meetings convened or instituted
by the City, any of its departments, and/or OSHA relative to this Project, as
necessary. Consultant shall cooperate with the City in scheduling and
performing its Work to avoid conflict, delay in or interference with the work of
others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services specified
in this Agreement may only be modified by a writing approved by both parties.
This Agreement may be modified or amended from time to time provided,
however, that no such amendment or modification shall be effective unless
reduced to writing and duly authorized and signed by the authorized
representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants that: (1)
Consultant possesses and will keep in force all required licenses to perform the
Services; (2) the employees of Consultant performing the Services are fully
qualified, licensed as required, and skilled to perform the Services.
C. Breach/Default. Any one of the following events shall be deemed an event of
default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained within
this contract.
Consultant, within thirty (30) days, shall have the right to cure any default herein
listed at its own expense, including completion of Services or the replacement
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or termination of any agent, employee, or sub -contractor as a result of any
violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure any
breach or default on the part of contractor, including but not limited to injunctive
relief, an action in law or equity or termination of this Agreement as outlined in
Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City pursuant
to this Agreement are subject to sufficient appropriations made by the City of
Evanston City Council. In the event of termination resulting from non -
appropriation or insufficient appropriation by the City Council, the City’s
obligations hereunder shall cease and there shall be no penalty or further
payment required. In the event of an emergency or threat to the life, safety or
welfare of the citizens of the City, the City shall have the right terminate this
Agreement without prior written notice. Within thirty (30) days of termination of
this Agreement, the Consultant shall turn over to the City any documents, drafts,
and materials, including but not limited to, outstanding work product, data,
studies, test results, source documents, AutoCAD Version 2007, PDF,
ARTView, Word, Excel spreadsheets, technical specifications and calculations,
and any other such items specifically identified by the City related to the
Services herein.
F. Independent Consultant. Consultant’s status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant
shall not hold Consultant out, nor claim to be acting, as a servant, agent or
employee of City. Consultant is not authorized to, and shall not, make or
undertake any agreement, understanding, waiver or representation on behalf of
City. Consultant shall at its own expense comply with all applicable workers
compensation, unemployment insurance, employer’s liability, tax withholding,
minimum wage and hour, and other federal, state, county and municipal laws,
ordinances, rules, regulations and orders. Consultant shall require its
employees to observe the working hours, rules, security regulations and holiday
schedules of City, including but not limited to all policies and work rules
applicable to City employees while on City property such as the Workplace
Harassment Policy; COVID-19 Vaccination Policy; and Drug and Alcohol Policy.
Consultant agrees to abide by the Occupational Safety & Health Act of 1970
(OSHA), and as the same may be amended from time to time, applicable state
and municipal safety and health laws and all regulations pursuant thereto.
Consultant shall certify that its agents, employees and subcontractors are in
compliance with City work rules applicable to City employees while on City
property. Failure to certify or violation of work rules is subject to the Default
provisions of Paragraph C.
G. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the
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interests of City in respect to the Services being provided hereunder except as
shall have been expressly disclosed in writing by Consultan t to City and
consented to in writing to City.
H. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs,
models, specimens, specifications, AutoCAD Version 2007, Excel
spreadsheets, PDF, and other documents or materials required to be furnished
by Consultant hereunder, including drafts and reproduction copies thereof, shall
be and remain the exclusive property of City, and City shall have the unlimited
right to publish and use all or any part of the same without payment of any
additional royalty, charge, or other compensation to Consultant. Upon the
termination of this Agreement, or upon request of City, during any stage of the
Services, Consultant shall promptly deliver all such materials to City.
Consultant shall not publish, transfer, license or, except in connection with
carrying out obligations under this Agreement, use or reuse all or any part of
such reports and other documents, including working pages, withou t the prior
written approval of City, provided, however, that Consultant may retain copies
of the same for Consultant’s own general reference.
I. Payment. Invoices for payment shall be submitted by Consultant to City at the
address set forth above, together with reasonable supporting documentation,
City may require such additional supporting documentation as City reasonably
deems necessary or desirable. Payment shall be made in accordance with the
Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice
and all such supporting documentation.
J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by Consultant
is found to have been overstated, Consultant shall provide City an immediate
refund of the overpayment together with interest at the highest rate permitted
by applicable law, and shall reimburse all of City’s expenses for and in
connection with the audit respecting such invoice.
K. Indemnity. 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 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-contractors, employees, agents or sub-contractors 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.
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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 costs, fees, and expen ses
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
Agreement by Consultant must be made only with the pri or 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, 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.
Consultant 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 its Work or its sub-
consultants’ work. Acceptance of the work by the City will not relieve the
Consultant 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 shall survive completion, expiration, or
termination of this Agreement.
L. Insurance. 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 liabi lity insurance in
the amount of at least $500,000, (2) comprehensive general liability coverage,
and designating City as additional insured for not less than $3,000,000
combined single limit for bodily injury, death and property damage, per
occurrence, (3) comprehensive automobile liability insurance covering owned,
non-owned and leased vehicles for not less than $1,000,000 combined single
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limit for bodily injury, death or property damage, per occurrence, and (4) errors
and omissions or professional liability insurance respecting any insurable
professional services hereunder in the amount of at least $1,000,000.
Consultant shall give to the City certificates of insurance for all Services done
pursuant to this Agreement before Consultant performs any Services, and, if
requested by City, certified copies of the policies of insurance evidencing the
coverage and amounts set forth in this Section. The City may also require
Consultant to provide copies of the Additional Insured Endorsement to said
policy (ies) which name the City as an Additional Insured for all of Consultant’s
Services and work under this Agreement. Any limitations or modification on the
certificate of insurance issued to the City in compliance with this Section that
conflict with the provisions of this Section shall have no force and effect.
Consultant’s certificate of insurance shall contain a provision that the coverage
afforded under the policy(s) will not be canceled or reduced without thirty (30)
days prior written notice (hand delivered or registered mail) to City. Consultant
understands that the acceptance of certificates, policies and any other
documents by the City in no way releases the Consultant and its sub-contractors
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 acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
M. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Service s
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat,
as secret and confidential all such information whether or not identified by City
as confidential, (ii) not to disclose any such information or make available any
reports, recommendations and /or conclusions which Consultant may make for
City to any person, firm or corporation or use the same in any manner
whatsoever without first obtaining City’s written approval, and (iii) not to disclose
to City any information obtained by Consultant on a confidential basis from any
third party unless Consultant shall have first received written permission from
such third party to disclose such information.
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 (five (5) working days with a possible five (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
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to such a request and whether or not any exemption to the disclosure of such
records or part thereof is applicable. Vendor shall indemnify and defend the
City from and against all claims arising from the City’s exceptions to disclosing
certain 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.
N. Use of City’s Name or Picture of Property. Consultant shall not in the course
of performance of this Agreement or thereafter use or permit the use of City’s
name nor the name of any affiliate of City, nor any picture of or reference to its
Services in any advertising, promotional or other materials prepared by or on
behalf of Consultant, nor disclose or transmit the same to any other party.
O. No Assignments or Sub-contracts. Consultant shall not assign or sub-
contract all or any part or its rights or obligations hereunder witho ut City’s
express prior written approval. Any attempt to do so without the City’s prior
consent shall, at City’s option, be null and void and of no force or effect
whatsoever. Consultant shall not employ, contract with, or use the services of
any other architect, interior designer, engineer, consultant, special contractor,
or other third party in connection with the performance of the Services without
the prior written consent of City.
P. Compliance with Applicable Statutes, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal,
state, county, and municipal statutes, ordinances and regulations, at
Consultant’s sole cost and expense, except to the extent expressly provided to
the contrary herein. Whenever the City deems it reasonably necessary for
security reasons, the City may conduct at its own expense, criminal and driver
history background checks of Consultant’s officers, employees, sub -
contractors, or agents. Consultant shall immediately reassign an y such
individual who in the opinion of the City does not pass the background check.
Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all sub-
contractors, suppliers, materialmen and others claiming by, through or under
Consultant, hereby waives and releases any and all statutory or common law
mechanics’ materialmen’s’ or other such lien claims, or rights to place a lien
upon City property or any improvements thereon in connection with any
Services performed under or in connection with this Agreement. Consultant
further agrees, as and to the extent of payment made hereunder, to execute a
sworn affidavit respecting the payment and lien releases of all sub-contractors,
suppliers and materialmen, and a release of lien respecting the Services at such
time or times and in such form as may be reasonably requested by City.
Consultant shall protect City from all liens for labor performed, material supplied
or used by Consultant and/or any other person in connection with the Services
undertaken by consultant hereunder, and shall not at any time suffer or permit
any lien or attachment or encumbrance to be imposed by any sub-consultant,
supplier or materialmen, or other person, firm or corporation, upon City property
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or any improvements thereon, by reason or any claim or demand against
Consultant or otherwise in connection with the Services.
R. Notices. Every notice or other communication to be given by either party to the
other with respect to this Agreement, shall be in writing and shall not be effective
for any purpose unless the same shall be served personally or by United States
certified or registered mail, postage prepaid, addressed if to City as follows: City
of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention:
Purchasing Division and to Consultant at the address first above set forth, or at
such other address or addresses as City or Consultant may from time to time
designate by notice given as above provided.
S. Attorney’s Fees. In the event that the City commences any action, suit, or
other proceeding to remedy, prevent, or obtain relief from a breach of this
Agreement by Consultant, or arising out of a breach of this Agreement by
Consultant, the City shall recover from the Consultant as part of the judgment
against Consultant, its attorneys’ fees and costs incurred in each and every such
action, suit, or other proceeding.
T. Waiver. Any failure or delay by City to enforce the provisions of this Agreement
shall in no way constitute a waiver by City of any contractual right hereunder,
unless such waiver is in writing and signed by City.
U. Severability. In the event that any provision of this Agreement should be held
void, or unenforceable, the remaining portions hereof shall remain in full force
and effect.
V. Choice of Law. The rights and duties arising under this Agreement shall be
governed by the laws of the State of Illinois. Venue for a ny action arising out or
due to this Agreement shall be in Cook County, Illinois. The City shall not enter
into binding arbitration to resolve any dispute under this Agreement. The City
does not waive tort immunity by entering into this Agreement.
W. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall
continue to perform its obligations while any dispute concerning the Agreement
is being resolved, unless otherwise directed by the City.
X. Survival. Except as expressly provided to the contrary herein, all provisions of
this Agreement shall survive all performances hereunder including the
termination of the Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of
the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the
Consultant may be declared non-responsible and therefore ineligible for future
contracts or sub-contracts with the City, and the contract may be cancelled or voided
in whole or in part, and such other sanctions or penalties may be imposed or remedies
invoked as provided by statute or regulation.
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During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, marital status, national origin
or ancestry, or age or physical or mental disabilities that do not impair ability to work,
and further that it will examine all job classifications to determine if minority persons or
women are underutilized and will take appropriate affirmative action to rectify any such
underutilization. Consultant shall comply with all requirements of City of Evanston
Code Section 1-12-5.
B. That, in all solicitations or advertisements for employees placed by it on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, or disability.
VII. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2 105
et. seq.), that it has a written sexual harassment policy that includes, at a minimum,
the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and
A. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its sub -
consultant provide false information, or fails to be or remain in compliance with the
Agreement, the City may void this Agreement.
B. Consultant certifies that 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. Section 1201 et seq.) and applicable
rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or
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a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
D. Consultant certifies that it has not been convicted of the offense of bid rigging
or bid rotating or any similar offense of any State in the U.S., nor made any admission
of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies
steel products used or supplied in the performance of a contract for public works shall
be manufactured or produced in the U.S. unless the City grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity, and as
applicable, has obtained an assumed name certificate from the appropriate authority,
or has registered to conduct business in Illinois and is in good standing with the Illinois
Secretary of State.
G. If more favorable terms are granted by Consultant to any similar governmental
entity in any state in a contemporaneous agreement let under the same or similar
financial terms and circumstances for comparable supplies or services, the more
favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set forth
herein. There are no covenants, promises, agreements, conditions or understandings
between the parties, either oral or written, other than those contained in this
Agreement. This Agreement has been negotiated and entered into by each party with
the opportunity to consult with its counsel regarding the terms therein. No portion of
the Agreement shall be construed against a party due to the fa ct that one party drafted
that particular portion as the rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposa l or contract
form submitted by Consultant be part of this Agreement unless agreed to in a writing
signed by both parties and attached and referred to herein as an Addendum, and in
such event, only the portions of such proposal or contract form consistent with this
Agreement and Exhibits hereto shall be part hereof.
Doc ID: 91212146413ea639ecb873830af27d14d57cb710
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By: ________________________ By:________________________
Luke Stowe
Its: __President__________________ Its: City Manager
FEIN Number: 36-3516786_____________ Date: _______________________
Date: ________04/02/24_______________ Approved as to form:
By:
Alexandra Ruggie
Its: Interim Corporation Counsel
Revision: April 2021
04 / 04 / 2024
Doc ID: 91212146413ea639ecb873830af27d14d57cb710
Doc ID: 91212146413ea639ecb873830af27d14d57cb710
3-Year Contract with North Shore Towing Services for EPD and...
Approval_of...nt_and_.pdf and 2 others
91212146413ea639ecb873830af27d14d57cb710
MM / DD / YYYY
Signed
04 / 03 / 2024
14:30:43 UTC-5
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
04 / 03 / 2024
16:28:37 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.15.73.242
04 / 03 / 2024
16:28:49 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.15.73.242
04 / 04 / 2024
11:36:15 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 204.26.28.8
04 / 04 / 2024
11:36:35 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 204.26.28.8
The document has been completed.04 / 04 / 2024
11:36:35 UTC-5