18-45 Resolution No. 18-45
RESOLUTION
AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH
INTEGRITY SCHOOL OF DANCE, INC. FOR DANCE INSTRUCTION
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 service agreement on behalf of the City of Elgin with the
Integrity School of Dance, Inc. to provide dance instruction at The Centre from July 1, 2018
through June 30, 2019, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 25, 2018
Adopted: April 25, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 25 day
of April , 2018, by and between the CITY OF ELGIN,
Illinois, a municipal corporation (hereinafter referred to as
the "City") , Integrity School of Dance, Inc. a corporation
organized and existing under the laws of the State of Illinois
(hereinafter referred to as the "Service Provider") .
WHEREAS, the City has determined that it would serve a
beneficial public purpose to enter into an agreement with the
Service Provider for the Service Provider to provide certain
contract services as described in this agreement on behalf of
the City and the City' s Parks and Recreation Department; and
WHEREAS, the Service Provider represents that it has the
necessary expertise and experience to furnish the Subject
Services upon the terms and conditions set forth in this
agreement.
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 Service Provider shall provide all of the
services as described in Exhibit A, attached hereto and made
a part hereof by this reference (such services are hereinafter
referred to as the "Subject Services") . Unless otherwise
specified in Exhibit A, the Service Provider shall provide
the Subject Services at such dates and times as are determined
and approved by the City' s Early Childhood Supervisor and/or
Recreation and Facilities Superintendent.
2 . The Service Provider shall also perform the Subject
Services according to the Activity Plan which is attached
hereto and made a part hereof as Exhibit B. The Service
Provider represents and warrants that the Service Provider
has the skills and knowledge necessary to conduct the Subject
Services provided for in Exhibit A and in the Activity Plan
set forth in Exhibit B. It is agreed and understood that the
City is relying on such representations and it is further
agreed and understood that the Subject Services set forth in
Exhibit A and the activity plan set forth in Exhibit B are
integral parts of this agreement and not be modified, amended
or altered except by a written amendment to this agreement
agreed to and executed by both parties hereto.
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3 . The Service Provider shall perform the Subject
Services at the location specified in Exhibit A. In
connection with the Subject Services to be performed on other
than City properties, the Service Provider warrants and
agrees to maintain all facilities and equipment used in the
performing of the Subject Services in a clean, sanitary and
safe condition and free from defects of every kind whatsoever.
Service Provider agrees and warrants that the Service
Provider will periodically inspect all of such facilities and
equipment for such purposes. Service Provider also warrants
that the Service Provider and the Service Provider' s
facilities and equipment used in the performing of the Subject
Services are not now, nor shall be during the term of this
agreement in violation of any health, building, fire or zoning
code or regulation or other applicable requirements of law.
In connection with the Subject Services on properties owned
or controlled by the City, Service Provider agrees and
warrants to use, and to cause persons participating in the
Subject Services 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.
4 . The Service Provider 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 the Subject Services and this agreement as
requested by the City.
5. The City shall pay the Service Provider for the
Subject Services under this agreement the amount of 60% of
the listed Resident Class fees per person for all classes
provided by the Service Provider. 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 $32, 289. 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
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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 .
6. Service Provider agrees and warrants that the
Service Provider has procured all licenses, permits or like
permission required by law to conduct or engage in the Subject
Services provided for in this agreement, and that the Service
Provider will procure all additional licenses, permits or
like permission hereinafter required by law during the term
of this agreement, and that the Service Provider will keep
same in full force and effect during the term of this
agreement. Service Provider shall perform the Subject
Services with due care and in compliance with all applicable
legal requirements .
7 . The enrollment of students or participants for the
Subject Services to be conducted pursuant to this agreement
is the sole responsibility and right of the City. Service
Provider shall not disseminate information to the public
concerning the Subject Services to be conducted pursuant to
this agreement or independently advertise or solicit students
or participants for the Subject Services to be conducted
hereunder except with the prior written consent of the City' s
Recreation and Facilities Superintendent. Service Provider
shall not represent any activity in which the Service Provider
is engaged, including but not limited to the activity which
is the subject of this agreement, as having been approved or
otherwise use the City' s name in a testimonial manner without
the prior written permission of the City' s Recreation and
Facilities Superintendent. The Service Provider shall not
solicit or encourage students or participants enrolled by the
City in the Subject Services to enroll or participate in
competing or similar services which are not sponsored by the
City.
8 . Notwithstanding any other provision hereof, the
City may terminate this agreement at any time upon written
notice to the Service Provider. In the event this agreement
is so terminated, the Service Provider shall be paid for
services actually performed.
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9. This agreement shall become effective as of the date
the Service Provider is given notice to proceed by the City
and, unless terminated for cause or pursuant to paragraph 8,
shall be determined to conclude on June 30, 2019 or such
earlier date that the City determines that all of the Service
Provider' s work under this agreement is completed. This
agreement shall automatically renew for three (3) successive
one-year terms unless either the City or the Service Provider
gives notice to the other party of its intent not to renew at
least sixty (60) days prior to the conclusion of the initial
term or of any successive renewal terms. A determination of
completion by the City under this paragraph shall not
constitute a waiver of any rights or claims which the City
may have or therafter acquire with respect to any term or
provision of the agreement.
10. This agreement shall not be construed so as to
create a partnership, joint venture, employment or other
agency relationship between the parties hereto. Service
Provider understands and agrees that the relationship of the
Service Provider to the City arising out of this agreement
shall be that of an independent contractor. It is expressly
agreed and understood that the Service Provider and the
Service Provider' s officers, employees and agents are not
employees of the City and are not entitled to any benefits or
insurance provided to employees of the City. City shall not
be entitled to direct Service Provider as to the means or
methodology of performance of this agreement by the Service
Provider.
11 . If either party violates or breaches any term of
this agreement, such violation or breach shall be deemed to
constitute a default, and the other party has the right to
seek administrative, contractual or legal remedies as may be
suitable to the violation or breach.
12. To the fullest extent permitted by law, Service
Provider 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,
attorney' s fees, damages or other relief, including but not
limited to worker' s compensation claims, in any way resulting
from or arising out of negligent actions or omissions of the
Service Provider in connection herewith, including negligence
or omissions or agents of the Service Provider arising out of
the performance of this agreement. In the event of any action
against the City, its officers, employees, agents, boards or
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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. The provisions of this
paragraph shall survive any termination of this agreement.
13. No official, director, officer, agent or employee
of the City shall be charged personally or held contractually
liable under any term or provision of this Agreement or
because of their execution, approval or attempted execution
of this Agreement.
14 . The Service Provider shall provide, pay for and
maintain in effect, during the term of this agreement, a
policy of comprehensive general liability insurance, written
in occurrence form, with limits of at least $1, 000, 000 per
occurrence for bodily injury and $1, 000, 000 per occurrence
for property damage. The Service Provider shall deliver to
the City a certificate of insurance naming the City as an
additional insured. The policy shall not be modified or
terminated without ten (10) days prior written notice to the
City. The certificate of insurance shall include the
contractual obligation assumed by the Service Provider under
Paragraph 12 hereof. This insurance shall apply as primary
insurance with respect to any other insurance or self-
insurance programs afforded to the City. There shall be no
endorsement or modification of this insurance to make it
excess over other available insurance; alternatively, if the
insurance states that it is excess or pro rate, it shall be
endorsed to be primary with respect to the City. The Service
Provider shall 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.
15. In all hiring or employment made possible or
resulting from this Agreement, there shall be no
discrimination against any employee or applicant for
employment because of sex, age, race, color, creed, national
origin, marital status, of the presence of any sensory, mental
or physical 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.
16. 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
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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.
17 . 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.
18 . 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.
19. 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. With
the sole exception of an action to recover any money to which
it may be entitled pursuant to the specific provisions of
this Agreement, and notwithstanding anything else to the
contrary in this agreement, no action shall be commenced by
the Service Provider against the City for monetary damages .
In the event any legal action is brought by the City for the
enforcement of any of the obligations of the Service Provider
in this agreement and the City is the prevailing party in
such action, the City shall also be entitled to recover from
Service Provider 9% per annum interest and attorney' s fees at
the rate of $300 per hour, which Service Provider hereby
agrees constitutes a reasonable rate.
20. The Service Provider certifies hereby that it is
not barred from bidding on a public contact as a result of a
violation of 720 ILCS 5/33E et seq. or any similar state or
federal statute regarding bid rigging.
21 . As a condition of this contract, the Service
Provider 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;
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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.
A copy of the policies must be provided to the
Department of Human Rights upon request 775 ILCS 5/2-105.
22 . As a further condition of this agreement, the
Service Provider shall submit to and pass a drug test and
criminal history background check. The requirements
necessary to constitute "passing" shall be at City' s sole
discretion. Service Provider warrants and represents, and
understands and agrees, that as a term and condition of this
agreement that Service Provider is not and has not within the
past thirty (30) days, and shall not during the term of this
agreement, use or used any illegal drug or unexplained legal
drug; nor has Service Provider been convicted of any crime of
which Service Provider has failed to provide written notice
to City. In the event that Service Provider is determined to
have violated this or any other provisions of this agreement,
Service Provider shall be deemed to be in breach of this
agreement, and may be terminated by City immediately without
penalty to City.
23. 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 Service Provider:
City of Elgin Integrity School of Dance
150 Dexter Ct. 732 W. Chicago St.
Elgin, IL 60120 Elgin, IL 60123
Attn:
Attn: Janice Monell Elisabeth Stonebreaker McCoy
24 . This agreement is and shall be deemed to construe
to be a joint and collective work product of the City and the
Service Provider 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
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conflict, if any, of the terms and provisions contained
herein.
25. 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 the Service Provider without the express written consent
of the City which consent may be withheld at the sole
discretion of the City.
26. Notwithstanding any other provision of this
agreement it is expressly agreed and understood that in
connection with the performance of this agreement that the
Service 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, Service Provider
hereby certifies, represents and warrants to the City that
all Service Provider' s employees and/or agents who will be
providing products and/or services with respect to this
agreement shall be legal residents of the United States.
Service 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 work, and/or the products and/or services to be provided
for in this agreement. The City shall have the right to audit
any records in the possession or control of the Service
Provider to determine Service Provider' s compliance with the
provisions of this section. In the event the City proceeds
with such an audit the Service Provider shall make available
to the City the Service Provider' s relevant records at no
cost to the City. Service Provider shall pay any and all
costs associated with any such audit.
27 . EXECUTION. 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 machine or e-mail shall be
treated in all manners and respects as an original document.
The signature of any party on a copy of this agreement
transmitted by fax machine or e-mail shall be considered for
these purposes as an original signature and shall have the
same legal effect as an original signature. Any such faxed or
e-mailed 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 fax or e-mail copy of this
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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.
IN WITNESS WHEREOF, the undersigned have entered into
executed this agreement on the date and year first written
above.
CITY OF ELGIN, a municipal (SERVICE PROVIDER)
Corporation
.f4r - B
Richard G. Kozal / P
City Manager
Att- - .
ity Clerk
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EXHIBIT A
DESCRIPTION OF SERVICES TO BE PROVIDED BY SERVICE PROVIDER:
1) Provide qualified instructors and instruction for youth dance
classes for ages 3 yr. thru 16 yr. Areas to include but not
limited to Pre-Ballet, Combo format of Tap & ballet, ballet,
jazz, and hip hop.
2) Provide 4 yearly programming sessions including a recital
bound session. Summer- June through August; Fall- September
through December; Winter- January through June; Spring- April
through May.
3) Provide an Open House day for parents to learn about program.
4) Work cooperatively with Program Supervisor to provide class
descriptions and brochure marketing information.
5) Provide on-site studio visits during the first week of session
and then at least 2 more additional visits per programming
session to monitor dance teachers to insure quality
instruction and customer service is being provided.
6) Work cooperatively with the Program Supervisor in management
of participants, resolve customer service issues, and
collection of program fees.
7) Assist in photography and videography contract services for
recital.
8) Choreograph, direct and manage the Dance Recital performance
and rehearsal. Manage, direct and oversee the Dress Rehearsal
and Recital operation.
9) Responsible for recital costume measurements, collect fees,
select, and order recital costumes. Arrange Dress Rehearsal
schedule and Dance Recital Performance schedule.
10) Design of Recital Program cover.
DESCRIPTION OF SERVICES TO BE PROVIDED BY CITY OF ELGIN:
1) Dance Studio space for dance classes .
2) Brochure and social media marketing, registration and
program fee collection, refund services and class list
maintenance.
3) Print and reproduction of Dance Recital Program.
4) Contracts for photographer and videographer for recital
performance.
5) Program space for picture day.
6) Reserve the use of Hemmens Cultural Center for Dress
Rehearsal and Recital performances .
7) Manage and arrange for box office ticket sales of recital
performance.
8) Any revenue collected through recital ticket sales from
the Dance Recital shall be used to:
a. Reimburse Hemmens Cultural Center for rental fees
incurred for staff, equipment and box office fees
and costs associated to the dress rehearsal and
recital performance.
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b. Reimburse the City of Elgin for staff used for Will
Call, Ushers and program printing.
c. Reimburse Integrity School of Dance for documented
expenses incurred that was the direct result of the
Dress Rehearsal and Recital performances not to
exceed 30% of total ticket sales .
d. Any remaining revenue that may exist after all
expenses have been paid shall be kept by City of
Elgin as program revenue.
DATES AND TIMES OF SERVICES:
July 2018-June 2019
June 2019 Recital Performance
LOCATION OF SERVICES:
Centre of Elgin
100 Symphony Way
Elgin, IL 60120
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N .1
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Integrity School of Dance also offers beginningJazz,Ballet and Tapto students 10 years+. We also offer beginning tumblingto ages 3-12.
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