HomeMy WebLinkAbout25-0408 Larkin High School SERVICE AGREEMENT
THIS SERVICE AGREEMENT ("Agreement") is hereby made and entered into this
8th day of April 2025,by and between the City of Elgin, Illinois, an Illinois home rule municipal
corporation(hereinafter "City") and Larkin High School, (hereinafter"Provider").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
1. SERVICES. The City shall purchase, and PROVIDER shall perform the Services in
accordance with the price,terms and conditions contained herein(collectively, "Services").
a. Date of Services. PROVIDER will perform the Services on Friday, July 4, 2025
("Performance Date").
b. Cost of Services. The City shall pay Provider a total of Five Hundred
($500.00)for the performance of Services(hereinafter"Cost of Services").The City
will pay Two Hundred and Fifty Dollars ($250.00) to Provider at least four (4)
weeks prior to the Performance Date. If Provider satisfactorily completes the
Services,in the City's sole discretion,the City will pay the remaining Two Hundred
and Fifty Dollars ($250.00)to Provider.
c. J.ocation of Services. Provider will perform the Services on Slade Avenue and
Douglas Avenue in conjunction with the Fourth of July Parade route.
d. Time of Services. Provider will perform the Services from 9:00 A.M. until 10:00
A.M ("Time of Performance").
e. j)escription of Services. Provider will perform the following Services:
i. Provider shall supply, at its sole cost and expense, performers in costumes
who shall perform while walking in the parade.
ii. The performers will perform to music supplied by Provider.
iii. Provider shall also supply,at its sole cost and expense,up to one(1)vehicle
and one(1) driver to accompany the Provider during the performance of
Services.
f. Sound and Setup. At least Forty-Five (45) minutes prior to the Time of
Performance, Provider will perform all necessary sound and setup arrangements
necessary to perform the Services, at its sole cost and expense.
2. j.AWIVENIJF,. This agreement is subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or
in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Provider
hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County,Illinois for the
enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit
brought pursuant to this agreement or the subject matter hereof; and PROVIDER agrees that
service by first class U.S.mail to 1500 Oakwood Avenue,Hanover Park,IL 60133 shall constitute
effective service. Both parties hereto waive any rights to a jury.
3. NO MODIFICATION. There shall be no modification of this Agreement, except in
writing and executed by both parties hereto with the same formalities as the original agreement.
4. MERGER. This Agreement embodies the whole agreement of the parties. There are no
promises, terms, conditions or obligations other than those contained herein, and this agreement
shall supersede all previous communications,representations or agreements, either verbal,written
or implied between the parties hereto.
5. JNTEREST. PROVIDER hereby waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to
which it may otherwise be entitled pursuant to law, including,but not limited to, pursuant to the
Local Government Prompt Payment Act(50 ILCS 505/1,etseq.),as amended,or the Illinois Interest
Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any
expiration, completion and/or termination of this Agreement.
6. $EVERARII,ITY. The terms of this Agreement shall be severable. In the event any of
the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable
for any reason,the remainder of this Agreement shall remain in full force and effect.
7. s'OMPI,IANCF. WITH LAW. Notwithstanding any other provision of this Agreement,
it is expressly agreed and understood that in connection with the performance of this Agreement,
PROVIDER shall comply with all applicable federal, state, city and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages, minimum
wage, workplace safety and legal status of employees. Without limiting the foregoing,
PROVIDER hereby certifies, represents and warrants to the City that all of PROVIDER's
employees and/or agents who will be providing Services with respect to this Agreement shall be
legally authorized to work in the United States. PROVIDER shall also, at its expense, secure all
permits and licenses, pay all charges and fees, and give all notices necessary and incident to the
due and lawful prosecution of the Services to be provided for in this Agreement. The City shall
have the right to audit any records in the possession or control of PROVIDER to determine
PROVIDER's compliance with the provisions of this section. In the event the City proceeds with
such an audit, PROVIDER shall make available to the City PROVIDER's relevant records at no
cost to the City. City shall pay any and all costs associated with any such audit.
8. FXECUTION. This Agreement may be executed in counterparts, each of which shall be
an original and all of which shall constitute one and the same Agreement. For the purposes of
executing this Agreement,any signed copy of this agreement transmitted by fax,e-mail or other
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electronic means shall be treated in all manner and respects as an original document. The signature
of any party on a copy of this Agreement transmitted by fax machine,or e-mail,or other electronic
means shall be considered for these purposes as an original signature and shall have the same legal
effect as an original signature. Any such faxed, e-mailed or other electronically transmitted copy
of this Agreement shall be considered to have the same binding legal effect as an original
document. At the request of either party any electronically transmitted correct copy of this
Agreement shall be re-executed by the parties in an original form. No party to this Agreement
shall raise the use of fax machine or e-mail as a defense to this Agreement and shall forever waive
such defense.
9. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the Cost of Services contemplated by this Agreement. In no event shall City
be liable for any consequential, special or punitive damages, or any damages resulting from loss
of profit.
10. INDEMNIFICATION. To the fullest extent permitted by law,PROVIDER agrees to and
shall indemnify, defend and hold harmless the City, its officers, employees, boards and
commissions from and against any and all claims,suits,judgments,costs,attorney's fees,damages
or any and all other relief or liability arising out of or resulting from or through or alleged to arise
out of any acts or negligent acts or omissions of PROVIDER or PROVIDER's officers,employees,
agents or subcontractors in the performance of this Agreement, including but not limited to, all
services or work performed hereunder. 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.
11. INSURANCE.. PROVIDER will provide, pay for and maintain in effect, during the term
of this Agreement, comprehensive automobile liability insurance covering all owned, non-owned
and hired motor vehicles used in connection with the Services with limits of not less than$500,000
per occurrence for damages to persons or property. PROVIDER will also provide, pay for and
maintain in effect,during the term of this Agreement,worker's compensation insurance in amounts
required under the laws of the State of Illinois. At the request of the City,PROVIDER will provide
to the City certificates of insurance regarding the insurance required in this paragraph.
12. TERMINATION. Notwithstanding any other provision hereof, the City may terminate
this Agreement upon providing written notice to PROVIDER thirty (30) days before the
Performance Date.
13. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed
so as to create a joint venture, partnership, employment or other agency relationship between the
parties hereto.
14. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,
punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any
rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall
not be construed as, a waiver of any such rights.
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15. J.IMITATION OF ACTIONS. PROVIDER shall not be entitled to, and hereby waives,
any and all rights that it might have to file suit or bring any cause of action or claim for damages
against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and
commissions of any nature whatsoever and in whatsoever forum after two (2)years from the date
of this Agreement.
16. NO OTHER AGREEMENTS. This Agreement is the only agreement between the parties
hereto regarding the subject matter hereof. There are no other agreements, either oral, written or
implied,between the parties hereto regarding the subject matter hereof. This Agreement may only
be altered or modified by written instrument signed by both parties.
17. TIME IS OF THE ESSENCES. Time is of the essence of this Agreement.
The person signing this Agreement certifies that s/he has been authorized by PROVIDER to
commit the PROVIDER contractually and has been authorized to execute this Agreement on its
behalf.
IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above
written.
LARKIN HIGH SCHOOL CITY OF ELGIN
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Print Nam`. ��
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Richard 1 Koza,City G. Manager
Signature 71.2025 Attest:
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Title School District U-48
355 E.Chicago St.Elgin,IL 80120 City Clerk
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ACORC�" DATE(MMlDD/YYY1)
�� CERTIFICATE OF LIABILITY INSURANCE ( 6127/2025
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
REPRESENTATNE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(1es)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 r'•hts to the certificate holder In lieu of such endorsement s.
PRODUCER kzfecT Damon Shattuck __
Alliant Insurance Services,Inc. PHONE F
353 N Clark St 11th A (Arc,No,EIL.012) 595-8179 MO
Chicago,IL 60654 aooalFss:Damon.Shattuck@alliant.com-
INSURER(S)AFFOROINGCOVERAOS I NAIC0
INSURER A:Illinois Counties Risk Management Trust 100000
INSURED INSURER B:Illinois Public Risk Fund 100000
Elgin School District U-46 INSURER C: ____ -_ _
355 East Chicago Street INSURER 0
Elgin,IL 60120-6543
INSURER F.
INSURER F:
AVERAGES CERTIFICATE NUMBER: _ REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSP WVO_ POLICY NUMBER (MM(DDLYYYY) (1,114100n'YYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY 1,000,000
CLAMS-MADE X OCCUREACH OCCURRENCE E S included
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X POLICY JECT LOC PRODUCTS-COMP/OP AGG .£ 1,000,000
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A AUTOMOBILE UASIUTY COMBINED SINGLE LIMIT 1,000,000
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X EXCESS 1 CLAIMS-MADE -P5-1001453-2526-01 7/1/2025 7/1/2026 LEGATE S 10,000,000
DEO I 1 RETENTIONS i
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B i WORKERS COMPENSATIONPER AND EMPLOYERS'LIABILITY Y V .Xi ATUTE . ERH
ANY PROPRIETOR/PARTNER/EXECLT1VE P1558•2024 7/1/2025 I 7/U2020 I E.L.EACH ACCIDEN r {, 3,000,000
FICER/MEMBER EXCLUDED? N I N/A
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in yes.deccnbe under3,000,000
I•ESCRIPT ION OF QPT-.RATIONS�(y I I E.L.DISEASE•POLICY LIMIT $
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 107.Additional Reseerks Schedule,may be afaahed S awe space le required)
Re:Fourth of July Parade on 7/4/2025
CERTIFICATE HOLDER - CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,
City of Elgin ACCORDANCE WITH THE POLICY PROVIS ONSCE WILL BE DELIVERED IN
150 Dexter Court
Elgin, IL 60120
AUTHORI ED REPRESENTATIVE
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