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HomeMy WebLinkAbout22-174 Resolution No. 22-174 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO SERVICE AGREEMENT WITH RENATA HOFMAN FOR GROUP FITNESS INSTRUCTION AND CLASSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a First Amendment to Service Agreement on behalf of the City of Elgin with Renata Hofman,for group fitness instruction and classes,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 12, 2022 Adopted: October 12, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk FIRST AMENDMENT TO SERVICE AGREEMENT THIS FIRST AMENDMENT AGREEMENT(hereinafter referred to as the"Amendment Agreement") is made and entered into as of the 12th day of_ October , 2022, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City") and Renata Hofman, a citizen and resident of the State of Illinois (hereinafter referred to as the"Service Provider"). WHEREAS, the parties hereto have previously entered into a Service Agreement dated March 29, 2022(the"Agreement"),whereby the Service Provider would provide certain contract services as described in the Agreement for the City's Parks and Recreation Department (the "Subject Services"); and WHEREAS, the Agreement provided that the total monies to be paid to the Service Provider under the Agreement would not exceed the total amount of twenty thousand dollars ($20,000); and WHEREAS,the parties have determined that,based upon the Subject Services expected to be provided by the Service Provider under the Agreement,the total monies to be paid to the Service Provider will exceed the total amount of twenty thousand dollars($20,000); and WHEREAS,the parties hereto have determined that the total maximum amount to be paid to the Service Provider under the Agreement should be in an amount not to exceed twenty-three thousand($23,000); and WHEREAS, the City and the Service Provider have each determined that it is in their respective best interests to amend the Agreement to increase said not-to-exceed amount in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which are hereby mutually acknowledged,the parties hereto hereby agree as follows: 1. The above recitals are incorporated into and made a part of this Amendment Agreement as if fully recited hereby. 2. That Paragraph 5 of the Agreement is hereby amended in its entirety to read as follows: "The City shall pay the Service Provider for the Subject Services under this agreement the amount of$46 per group fitness class. Notwithstanding anything to the contrary in this agreement,the total monies to be paid by the City to the Service Provider pursuant to this agreement shall not exceed the total amount of$23,000. The City shall make payments to the Service Provider based upon actual progress of the Subject Services within sixty(60) days after the receipt and approval of an invoice. Said periodic payments shall not be made until the services for which payment is sought are completed and accepted by the City. The Service Provider shall submit invoices in a format approved by the City. Progress reports will be included with all payment requests. The Service Provider shall maintain records showing actual time devoted and costs incurred. The Service Provider shall permit the authorized representative of the City to inspect and audit all data and records of the Service Provider for work done under this agreement. The Service Provider shall make these records available at reasonable times during the agreement period, and for a year after the completion of the Subject Services to be performed pursuant to this agreement." 3. That except as amended by this Amendment Agreement,the terms and provisions of the Agreement shall remain in full force and effect. 4. That in the event of any conflict between the terms and provisions of the Agreement and the terms and provisions of this Amendment Agreement, the terms and provisions of this Amendment Agreement shall control. IN WITNESS WHEREOF, the City of Elgin and the Service Provider have signed this Amendment Agreement as of the day and year first above written. CITY OF ELGIN, an Illinois RENATA HOFMAN Municipal Corporation By: By: Richard G. Kozal Re to o&nan City Manager Attest: q4itylerk� Legal DeptlAgreementUndependent Fitoess Agr-First Amend-Renate Hofman-9-23-22.doex