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HomeMy WebLinkAbout96-212 Resolution No . 96-212 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRIPLE J RANCH, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Triple J. Ranch, Inc. for horse patrol services, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 10 , 1996 Adopted: July 10, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into on this ll (L day of T V L 1/41 , 1996, by and between TRIPLE J RANCH, INC. , an Illinois corporation (hereinafter referred to as "Triple J" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as "City" ) . WHEREAS, City has determined it to be in its best interests to use horses in conjunction with its police duties; and WHEREAS, Triple J owns a 50% interest in two horses (hereinafter referred to as "horses" ) , and has determined it to be in its best interests to permit City to use horses; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . City shall pay a total sum of $1,913 . 32 to Triple J on or before July 30, 1996; 2 . Triple J shall permit City to use horses at City's sole discretion during the period of this agreement; 3 . Triple J agrees to indemnify and hold City harmless from and against any and all claims for damages, suits, causes of action and any and all other liability, including but not limited to attorney' s fees, which may result from or arise out of City' s use of horses, when such liability is not directly and proximately caused by City's reckless or negligent conduct. In this regard, and for purposes of determining the applicability of indemnification and hold harmless covenants pursuant to this paragraph, negligent or reckless conduct by John Panzloff or Joan Panzloff, whether acting in an individual capacity or in a capacity as an employee of City, shall not be considered to be actions of City; 4 . Triple J shall provide a certificate of insurance to City for the term of this agreement, naming City as an additionally insured party for and against property damage coverage of not less than $1,000,000, and personal injury coverage of not less than $1,000,000 for damages arising out of the performance of this agreement; 5 . Triple J shall provide all medical care, equipment, food and housing reasonably necessary to maintain horses; 6 . This agreement shall terminate on May 26, 1997; 7 . Any party hereto may terminate this agreement upon ten ( 10) days written notice; 8. The terms of this agreement shall be considered to be severable. In the event that any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable, the remainder of the agreement shall remain in full force and effect. CITY OF ELGIN By RAJA 8• I4eL Jo'-- Richard B. Helwig '5 City Manager Attest: 1 City Clerk TRIP E J , INC. I ► // ,ii ■ A ...dirt t f' 4' A A i Ai A Ai Al John Pa © oil I Joan Panzlo -2- i , ° Agenda Item No. _,T,,. ._1 *, , 4— June 14, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Renewal Police Mounted Patrol Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider renewing an agreement with the Panzloff ' s d/b/a/ Triple J Ranch, for the police mounted patrol program. rk BACKGROUND In 1995, the City entered into an agreement with John Panzloff and Joan Panzloff to provide a Mounted Patrol on an experimental basis . The experiment was an overwhelming suc- cess . The Panzloff ' s wish to continue this service and have proposed a contract for consideration. The contractor name will change to John and Joan Panzloff d/b/a Triple J Ranch. During 1995, the mounted patrol participated in the Fine Art Festival, the Elgin Historical Walk, the Easter Egg Hunt and many other civic programs throughout the City. Many positive comments were heard about the patrol . It is proposed that this program be continued for 1996/97 as operated during the last year. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The New Century Partnership for Elgin supports this concept as an image enhancement, especially for special events . r Renewal of Police Mounted Horse Patrol June 21, 1996 Page 2 FINANCIAL IMPACT Joan Panzloff would be employed as a police reserve officer and compensated as outlined in the attached employment agree- ment. Sergeant Panzloff would be paid as part of his regular employment with the Police Department under account 010-2308-731 . 0102 , Overtime Earnings, Police Department. The City would pay the Panzloff ' s for insurance and incorporation expenses ($1,913 . 32 ) and the Panzloff ' s will supply an insur- ance policy which would protect the City and the Panzloff ' s . This expense would be paid under account 010-2301-731 . 3099 , Miscellaneous Professional Services . Sufficient funds exist and are budgeted in the above accounts to fund this project. LEGAL IMPACT This contract is permissible pursuant to an exception to the Conflict of Interest prohibitions of the Procurement Ordi- nance in the Elgin Municipal Code, Section 5 .24 . 030, which permits City employees to contract with the City to provide service and materials when the amount of the contract does not exceed $2,000 . RECOMMENDATION It is recommended that the City Council approve the attached agreements . Respectfully submitted, Charles A. Gruber Chief of Police Richard B. Helwig City Manager JB/jb Resolution No. 96-211 RESOLUTION AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH JOAN PANZLOFF BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an employment agreement on behalf of the City of Elgin with Joan Panzloff for appointment as a reserve police officer, a copy of which is attached hereto and made a part hereof by reference . s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 10, 1996 Adopted: July 10, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EMPLOYMENT AGREEMENT WHEREAS, the City Council of the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) desires to employ Joan Panzloff (hereinafter referred to as "Panzloff" ) as a reserve police officer for the City; and WHEREAS, Panzloff is willing to accept appointment as a reserve police officer for the City upon certain terms and conditions; and WHEREAS, the employment of Panzloff, as a reserve police officer for the City upon the terms and conditions recited herein, is in the best interests of the City. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the City and Panzloff agree as follows : 1 . Panzloff shall act as a reserve police officer for the City and shall exercise all the powers and carry out to the best of her ability all the duties imposed upon her as a reserve police officer. 2 . The City shall provide the following: a. A salary in the amount of $12 . 51 per hour to be paid in biweekly installments . b. No benefits shall be provided other than as may be required by law. 3 . Panzloff shall be governed by the City' s Personnel Manual, except that the only benefits received shall be those herein identified. 4 . This agreement shall terminate at 5 : 00 p.m. on May 26 , 1997, commencing July 1, 1996; provided, however, that this agreement shall be terminable at will upon written notice by either party. 5 . Panzloff shall work no more than ten ( 10) hours in any seven (7) day period. 6 . This agreement may be terminated by either party upon ten ( 10) days written notice. EXECUTED For the City: e. 14, ' I Rvw\ 7//I? Richard B. Helwig City Manager Attest: r 41111Ek lonna Me. a '' - •k ik .an Panzlof 411