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Home My WebLink About09-0701 ERC and ECC • 09 — ogok EASTSIDE RECREATION CENTER USE AGREEMENT THIS AGREEMENT is hereby made and entered into this 25+ day of t_ ! , 2004,by and between the CITY OF ELGIN,an Illinois municipal corporation(herei �i�'er refe ed to as the "City") and the BOARD OF TRUSTEES of COMMUNITY COLLEG P ISTRICT NO. 509,COUNTIES OF DUPAGE,COOK,MCHENRY,DEKALB AND KANE AND STATE OF ILLINOIS,a public community college,commonly known as ELGIN COMMUNITY COLLEGE (hereinafter referred to as"ECC"). WHEREAS,the City is the owner of certain property used for community and recreational uses,commonly know as the Eastside Recreation Center; and, WHEREAS,ECC desires to hold and conduct classes at the Eastside Recreation Center,as described in Exhibit A to this Agreement; and, WHEREAS,the City has determined that it would serve a beneficial public purpose to enter into an agreement with ECC to permit ECC to hold and conduct classes at the Eastside Recreation Center; and, WHEREAS, it is to the mutual advantage of both parties hereto that there be a clear understanding of the privileges and responsibilities of each party. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows: 1. The City agrees that ECC shall have the use of four(4) classrooms at the Eastside Recreation Center (the "Premises" herein) for the purpose of holding and conducting classes, as described in Exhibit A to this Agreement. ECC agrees to use and occupy the Premises solely for the uses set forth in this Agreement and Exhibit A thereto. 2. This Agreement shall be in full force and effect from July 1,2009 through July 31, 2010,unless sooner terminated as provided herein. ECC agrees and acknowledges that it shall have no right to use or occupy the Premises after the expiration of the Agreement term, or upon termination of the Agreement as provided herein. 3. ECC agrees to pay the City the sum of Ten dollars($10) in rent for the term of this Agreement. 4. This Agreement may be terminated by either party for any or no reason upon ninety (90) days written notice to the other party at the address provided in Paragraph 23 herein. In addition,in the event of an uncured material breach of this Agreement,the nonbreaching party may terminate this agreement upon five (5) days written notice to the breaching party at the address provided n Paragraph 23 herein. 5. ECC shall adhere to and comply with all ordinances,laws,rules and regulations that may pertain to or apply to the Premises and ECC's use thereof. ECC agrees and warrants that it has procured any licenses,permits or like permission required by law,if any,to conduct or engage in use of the Premises described herein,and that ECC will procure all additional licenses,permits or like permission hereinafter required by law during the term of this Agreement,and that ECC will keep the same in full force and effect during the term of this Agreement. ECC shall perform in accordance with all applicable legal requirements. 6. ECC shall not make any modifications or alterations to the Premises without the prior written consent of the City. 7. The enrollment of students or participants for ECC's use of the Premises under this Agreement shall be the sole responsibility and right of ECC. The parties hereto are prohibited from the use of the other party's name and/or likeness in a testimonial manner without the prior written consent of said other party. 8. In connection with ECC's use of the Premises,ECC agrees and warrants to use,and to cause persons participating in ECC's use of the Premises to use,through proper supervision and control,all facilities with due care,and to report all defects in or damage to any such facilities,and the cause thereof, if known, immediately to the City's Recreation and Facilities Superintendent. ECC shall be strictly responsible for, and agrees and covenants to repair or pay for any damage or loss to the Premises or the property thereon caused by the negligence,carelessness or waste of ECC or its officers,employees,agents,members,independent contractors,volunteers,guests,patrons or invitees. 9. ECC shall complete, maintain and submit to the Recreation and Facilities Superintendent of the City,or her designee,any and all records,reports and forms relating to ECC's use of the Premises and this Agreement as requested by the City to the extent permitted by applicable law. 10. To the fullest extent permitted by law, ECC agrees to indemnify, defend and hold harmless the City,its officers,employees,agents,boards and commissions from and against any and all claims,suits,judgments,costs,damages or other relief„but not including attorneys' fees,in any way resulting from or arising out of, or alleged to be resulting from or arising out of,ECC's or its officers',employees',agents',members',independent contractors',volunteers',guests',patrons'or invitees' acts or omissions in their/its use of the Premises. In the event of any action against the City, its officers,employees,agents,boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. This indemnity shall not apply to premises liability actions against the City and/or ECC arising from defects or alleged defects in the condition of the premises or the acts or omissions of City employees. As to such Premises Liability claims,the City agrees to indemnify,defend and hold harmless ECC, its officers, employees, and agents from and against any and all claims, suits,judgments, costs, damages or other relief,but not including attorneys' fees in any way resulting from or arising out of or alleged to be resulting from or arising out of such Premises Liability claims. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. -2- handicap,unless based upon a bona fide occupational qualification,and this requirement shall apply to,but not be limited to,the following:employment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. 18. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race,color,creed,national origin,age except minimum age and retirement provisions,marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension, in whole or in part,of the Agreement by the City. 19. The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 20. This Agreement and its exhibits constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 21. This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 22. ECC certifies hereby that it is not barred from bidding on a public contact as a result of a violation of 720 ILCS 5133E ct seq.or any similar state or federal statute regarding bid rigging. 23. As a condition of this contract, both parties shall have written sexual harassment policies that include, 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 vendor's internal complaint process including penalties; E. the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. -4- A copy of the policies must be provided to the Department of Human Rights upon request (775 ILCS 5/2-105). 24. All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid,addressed as follows: As to the City: As to ECC: City of Elgin Elgin Community College 150 Dexter Court 1700 Spartan Drive Elgin, IL 60120-5555 Elgin, IL 60123 Attention: Recreation and Attention: President Facilities Superintendent With a copy to: William A. Cogley, Corporation Counsel John F. Early,Esq. City of Elgin Early, Tousey, Regan, & Wlodek 150 Dexter Court 2400 Big Timber Road Elgin, IL 60120-5555 Elgin, IL. 60124 25. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and ECC and, as such,this agreement shall not be construed against the other party,as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 26. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by ECC without the express written consent of the City which consent may be withheld at the sole discretion of the City. SIGNATURE PAGE FOLLOWS -5- IN WITNESS WHEREOF,the undersigned have entered into executed this agreement on the date and year first written above. CITY OF ELGIN, a municipal ELGIN COMMUNITY COLLEGE corporation DISTRICT NO. 509, COUNTIES OF DUPAGE, COOK, MCHENRY,DEKALB AND KANE,AND STATE OF ILLINOIS, A public community college commonly known as Elgin Community College By: By: Manager Attest: -0Q9 Title: Q S 1 City Clerk Date Date -6- 17 VLTTDTT GG A » L 1111111 1 1 11 DESCRIPTION OF SERVICES TO BE PROVIDED BYECC The proposed classes to be held by Elgin Community College's Adult Basic Education Center between August 25, 2009 and July 31, 2010: ESL Low Beginning 2 Mondays and Wednesdays 6:00-8:15 pm ESL Low Beginning 3 Mondays and Wednesdays 6:00-8:15pm ESL High Beginning 2 Mondays and Wednesdays 6:00-8:15 pm ESL High Beginning 1 Mondays and Wednesdays 6:00-8:15 pm ESL Low Beginning 4 Tuesdays and Thursdays 6:00-8:15 pm ESL Low Beginning 5 Tuesdays and Thursdays 6:00-8:15 pm ESL High Beginning 1 Tuesdays and Thursdays 6:00-8:15 pm Spanish GED Tuesdays and Thursdays 7:00-8:20 pm -7- Jul 27 09 12:35p Business and Finance 8476085478 p.2 CERTIFICATE OF LIABILITY INSURANCE OP IDAw °'m`NAD"", ELGCO-1 07/27/09 PE OW CDR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lundstrom Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 645 Tollgate Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Elgin IL 60123 Phone: 847-741-1000 Fax: 847-741-1715 'INSURERS AFFORDING COVERAGE NAIC# %NJREO _-__ i.INSURER A' Indiana Insuranos Co 22659 i N"*"t: Arch Specialty Elgin Community College RIRES` _ 1700 Spartan Drava ,IMUNEAD Elgin IL 60123 _------ -- 1 INS MLR E ._.._ COVERAGES THE POLICIES OF I.SURAICE WIED MLON IAYE BEEN NSUE D"OWE NSURED MASCO AWNS FOR THE WL CY PE ROD NOCATED.NOT ADEMAN ONG en FEOLIREN ENT,IERN OR CONOION OF GT GIN RACT OR OTHER DOCUSEINVATH RESPECT TO YMCI TICS CEATFICATE NAYSE I*SLEOOR NAY HEATAN.THE INSURANCE AFFORDED 9Y THE MOOER DP RCROEONEFEM 6SL16.J MT TOM.LT E TERMS,PICLIAL-INS AM CONINTlon 6 S NUCN PCLEIES.AOOREOATE LISTS EIWYN NAY HAS!SEMI REDUCED BY PAC CANS. MI POOL I POLICY OM MOPE POLCY expo. _ ..-. LTII NERD MC OF INSURANCE POAADI MINIsaI DATE NttWYrWI DATE DASTOOIYYYYI MR OQIERAL LVENTY EACH OCCURRENCE 11,000,000 ^— DAMAGE TO RENTED -- —.'— A I X X -VANE RCM GE.ERAEJASIm CDP8500509 09/01/08 09/01/D9 ARGUES EAm oonR.N t 300,000 �-J CLAWS MACE X OCes. N OISCPO,se...m7 S 15,000 — — oFJSONALAADVNJURY s 1,000,000_ X Schools I GENERAL AGONEOATE S 2,000,000 DEN.AGPLEOATE LMR AWES POP _ ARDDACTE-CDNP SHOO _ E 2,000,000 ,.... JEtT lnC �- TI I Emp Een. 1,000,000 AMONMILE UMIAK COIENln NIATLE LOUT E 1,000,000 A X ANYAUTO BA8509408 09/01/06 09/01/09 ma NmoNNI _— ALL OMNED AUTOS WOG INJURY •AO.DUL:O 0NTO6 IRrpSNvl A X.-. NREDAUIOI ._.. [COUP INJURY X INON{YMNEDAUT06 •R,Rxtlw/ A PfOPERTY DANCE $ ;Pm EMIWO 'OMAN Lamm I ALMOND/-FA ACCIDWT S • `�11114 AUTO _ - OIHEA TMNV EA MG i_ AUTO ONLY. ADD :A EXCESS:LS ELA LMSUTT EACH OCCURNENCE S 25,000,000 B j �_ocw. CLAIM UNIX UFP000131603 09/01/08 09/01/09 AGGREGATE - s 25,000,000__ • s X I RETENTION A 10,000 E NoGEERS COMPENSATION i IMSTATIA N. r Am LOYCRC LVALRY X ,YJN NNIYLTt,, NA - - A NW.RO,Miurcw•PARTHEICTAC.CUTIVE I 8562633 12/15/08 12/15/0B G.MOH MCOEER $1000000 00 CERAM/4 l EDLUOEDT — F4^°a•,y MNW EL.MBAR-EA EMPLOYEE S 1000000 II NI;.l r Gleam M* -- !SPECIAL PRNISION5Wow - EL.MGM-WAXY LIMIT s 1000000 amok UNSCN CION Of onnaTIONN I LOGATADNSI YCNCLPS J OYCELSOMS ALOES AY MDOISEMENTl SPECIAL PROVISIDNA The City of Elgin included as additional insured for general liability if required by written contract. RE:Eastside Recreation Center for ESL and Spanish GED classes. CERTIFICATE HOLDER CANCELLATION SHOULD MY OP TNN AROMA:DEJICNON POLIES NE CANCaLSO SBCRE THE ENPINATONN CITED-2 DATE THEREOF,TIE ISSUNO INSUR ER ALL DCEAVOR TO MAE *30 DAYS MR nEN NOTICE TO THE CERITCATE HOLCeR NAAED 10 THE loIT.OJT ENLIME TO DO SO MM. CITY OF ELGIN A►D,tE KO OeJDATION Olt LIANJTY op Nlr HNC VON TM!MUMMA,in AQMR OR ATTN: Maria Cumpata 150 DEXTER COURT RI>rREgNrsnvEs ELGIN IL 60120 AmNaNuc REmEa ME I ACORD 26(2009/01) Q B 2311fillerf re ed. The ACORD name and logo are registered marks of ACORD