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HomeMy WebLinkAbout98-172 Resolution No. 98-172 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEW CENTURY PARTNERSHIP FOR ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with New Century Partnership for Elgin for administrative support services, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 22, 1998 Adopted: July 22 , 1998 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this �2,3 / day of July, 1998, by and between the CITY OF ELGIN, ILLINOIS, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and NEW CENTURY PARTNERSHIP FOR ELGIN, an Illinois not-for-profit corporation (hereinafter referred to as "New Century Partnership" ) . WHEREAS, the New Century Partnership was organized and created to promote the development and enhancement of the center city of the City of Elgin including reviewing and making recommendations to the City regarding downtown parking needs, master plan updates, riverfront development and coordination with other downtown organizations; and WHEREAS, the City has determined that it is in the best interests of the City to support the work of the New Century Partnership in the development and enhancement of the center city. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1 . That the City shall pay to New Century Partnership the total amount of $15, 000 . 2 . That all monies provided by the City pursuant to this agreement shall be utilized by New Century Partnership to support its work in promoting the development and enhancement of the center city of the City of Elgin and shall be used solely by New Century Partnership in the operation of New Century Partnership for necessary legal and accounting services regarding organizational issues of New Century Partnership, providing necessary clerical, copying and record keeping services in transition of New Century Partnership from the City of Elgin to its own freestanding entity, general liability and directors and officers liability insurance, allowing for payment for necessary phone and other communication services and such other miscellaneous expenditures, including interim consulting services related to the organizational structure of the New Century Partnership, as approved by the board for the functioning of its committees and tasks force as long as such activities are directly related to matters concerning the development and enhancement of the center city area. 3 . That all funds received pursuant to this agreement shall be expended only for the matters as described above. In the event New Century Partnership changes the proposed expenditure of funds without the written consent of the City of Elgin, all funds shall be refunded to the City. 4 . That all monies granted pursuant to this agreement shall be expended by New Century Partnership on or before December 31, 1998 . 5 . That New Century Partnership shall submit to the City on or before December 31, 1998, an annual report of the activities for which monies are provided under this agreement are to be expended and the actual expenditures made for such -2- activities . New Century Partnership shall reimburse the City for any unexpended funds . 6 . That New Century Partnership shall upon request make available to the City financial documents for the year for which monies under this agreement have been paid. 7 . That no monies shall be used for any purchase of permanent equipment, capital improvements or construction, payment of previous years deficit, activities outside of the state geographic boundary or subsidy for an individual 's academic study. 8 . That no person shall be denied any participation or the benefits of the activities described in Paragraph 2 on the grounds of race, color, religion, national origin, sex or handicap. 9 . That New Century Partnership hereby agrees to indemnify and hold harmless the City, its officers, employees and agents, from and against any and all damages, losses, claims, causes of action, losses, judgments or liability whatsoever arising out of the activities described in Paragraph 2, New Century Partnership' s activities undertaken pursuant to this agreement or as a result of the existence of this agreement. New Century Partnership, at New Century Partnership' s own cost and expense, will defend by counsel of the City' s choosing, any and all claims falling within said indemnification against the City or in which the City may be impleaded with others . -3- a 10 . That this agreement shall not be construed to create an employment, joint venture or partnership agreement between the parties hereto. CITY OF ELGIN, a municipal NEW CENTURY PARTNERSHIP OF corporation ELGIN, a Illinois not-for- profit corporation By liy,., A/6 By Mayor esident Attest: Attest: Va-KA---6--, left City Clerk -4- OF E� Pat? r c� City of Elgin Memorandum 10 July 20, 1998 TO: Mayor Kelly Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: New Century Partnership Purchase of Service Agreement Attached for your consideration is a revised Purchase of Service Agreement (PSA) with New Century Partnership (NCP) . The revised agreement supersedes the agreement that was submitted to the Mayor and members of the City Council on July 17 . The following minor changes were requested by NCP. 1 . Includes general liability and director insurance as eligible expenses . 2 . Includes interim consulting insurance related to the organizational structure of NCP as an eligible expense . 3 . Deleted the provision that requires that all activities related to eligible expenses authorized in section 2 of the agreement shall be conducted within the geographic boundaries of the City of Elgin. Changes 1 and 2 clarify expenses eligible for reimbursement under the PSA. The third revision deletes the requirement that expenditures for approved expense items listed in section 2 of the PSA must occur within the corporate limits of Elgin. While NCP fully intends to spend the majority of the funds authorized under the PSA within the City of Elgin, an occasion may arise where a specific service, i . e. , professional consulting services, may be sought from a firm located outside the City of Elgin. If you require additional information regarding the changes to the PSA, please contact me. 411 Jo Fe A/. Parker City Manager amp \�y OF EtC,y `--r ¢` Agenda Item No. —City of Elgin 0 11611 .►' v<<<r July 15, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: New Century Partnership Purchase of Service Agreement PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a funding request from the New Century Partnership for the remainder of 1998 . BACKGROUND As a result of the recent reorganization of the New Century Partnership (NCP) , the City of Elgin no longer provides emb- certain administrative and support services to NCP. The NCP is requesting $15, 000 from the City in order to fund certain administrative elements of its operation until the end of the year. The following services would be funded through the end of the calendar year: Errors and omissions insurance; organ- izational accounting and legal services; administrative and offices expenses. A Purchase of Service Agreement authorizes the reimbursement of expenses by NCP for the above-mentioned expenses . It is possible that the Board of Directors of the NCP may seek an amendment to the initial Purchase of Service Agreement once they have had an opportunity to set priorities and goals and meet with other downtown organizations . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED New Century Partnership Board of Directors . INANCIAL IMPACT Expenses related to the proposed Purchase of Service Agreement would be charged to account number 010-0701-711 . 30-99 . Adequate funds are available in this line item to fund the $15, 000 PSA. LEGAL IMPACT None . PSA with NCP July 15, 1998 Page 2 temb- ALTERNATIVES 1) Approve the Purchase of Service Agreement with NCP. 2) Deny the request and require NCP to seek alternate funds . RECOMMENDATION Authorize a Purchase of Service Agreement with New Century Partnership in the amount of $15, 000 . Respectfully submitted, J•/Ice 1 . Parker City Manager amp emk . . repAkto. NEUJ�.� CENTURY� We promote the development and enhancement of the economic,commercial,social,recreational PllEll P °1 and governmental services and amenities of the Center City and its surrounding neighborhoods. July 15, 1998 To:Mayor Kevin Kelly Elgin City Council City Manager Joyce Parker RE: Request for Purchase of Service Agreement for New Century Partnership for Elgin On behalf of the New Century Partnership for Elgin(NCPE), please consider this a request for a Purchase of Service Agreement with the City of Elgin in the amount of Fifteen Thousand Dollars($15,000.00)to continue the work of NCPE to review and make recommendations to the City regarding downtown parking needs, master plan updates, river front development, work with other downtown organizations and pursue administrative assistance for river front and downtown development. elk We contemplate that the requested Fifteen Thousand Dollars ($15,000.00)is needed to insure the directors, engage necessary legal and accounting services regarding organizational issues of NCPE, provide necessary clerical, copying and record keeping services in transistion of NCPE from the City of Elgin to its own free standing entity, allow payment for necessary phone and other communication services and such miscellaneous expenditures as approved by the Board for the functioning of its committees and task force so as not to lose the benefit of the work and efort of its volunteer members to date. We understand that the details of a Purchase of Service Agreement will need to be worked out with the corporation counsel's office of the City of Elgin and are prepared to move quickly to that end. Overall, we appreciate the encouragement and support demonstrated by the City and anticipate that we will continue to work for the betterment of the City of Elgin. If additional information is needed, please don't hesitate to contact me at 695-6900. Very truly yours, g,,,,/,,il. a Jr.--L-.0 �r.. Judith DiFulvio t' President New Century Partnership for Elgin 31 South Grove Avenue • Elgin, Illinois 60120 • (847) 931-5945 • FAX: (847) 931-5610