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Home My WebLink About00-103 1 Resolution No. 00-10.3 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, 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 Elgin Proud and Beautiful , Inc . for anti-littering, beautification and promotional activities, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 26 , 2000 Adopted: April* 26, 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT CITY OF ELGIN ILLINOIS/ELGIN PROUD AND BEAUTIFUL, INC. THIS AGREEMENT is made and entered into on this , day of April , 2000 , by and between ELGIN PROUD AND BEAUTIFUL, INC. , an Illinois not-for-profit corporation (hereinafter referred to as "EPB" ) , and the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as the "City" ) . WHEREAS, the City has determined that the citizens of Elgin benefit from a clean and aesthetic environment in which to live and work; and WHEREAS, EPB performs clean-up and aesthetic programs and services . 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 City shall pay to EPB the sum of $5 , 800 on or before April 30 , 2000 . 2 . EPB shall apply the $5 , 800 contribution from the City to operating expenses relating to its clean-up programs and aesthetic improvement programs . 3 . EPB hereby agrees to provide the following services to City or to City' s reasonable satisfaction on or before December 31, 2000 : A. Set plans and guidelines for 2000 activities, including the annual city-wide clean-up. B. Maintain database of volunteers . C. Meet monthly to finalize specific project details of locations, dates, budget preparation for Earth Day, Adopt-a-Highway program and Keep America Beautiful month. D. Select target volunteer groups to assist with projects . E . Act as "coordinator" for specific projects . F. Promote events such as "Earth Day" , the "Adopt-a-Highway" program and Keep America Beautiful month (April) . G. Perform a Planting Project to improve a designated location aesthetically by planting trees and landscaping. H. Identify activities/projects which warrant news releases and write copy for same . I . Prepare an EPB Newsletter. J. Prepare articles for the Elgin Spirit community newsletter as appropriate . K. Provide informational updates for Elgin City Council and Elgin Area Chamber of Commerce . L. Research possibilities of Foundation and/or Grant funding . M. Promote anti-litter and recycling message at various events throughout the year, such as National Night Out . N. Promote City recycling and HHW programs . 4 . Failure to perform the above services to the satisfaction of the City Council shall result in a termination of this agreement and the refund of the $5 , 800 consideration, (plus reasonable costs and attorney' s fees, in the event City is required to litigate to retrieve said funds) as and for liquidated damages . S . EPB shall provide a written report detailing the disbursement of $5 , 800 . This report shall be provided to the City Council by December 31 , 2000 and shall include all program activity. 6 . The City shall have the right to review all accounting records related to the use of the $5, 800 , given 72 hours notice, and at a time agreed upon by both parties . 7 . To the fullest extent permitted by law, EPB agrees to 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 other relief arising out of or resulting from or through or alleged to arise out of any reckless negligent acts or omissions of EPB or its officers, employees or agents in the performance of this agreement or operations funded pursuant to this agreement . Nothing herein affects EPB ' s duty to defend the City. 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 . 8 . The terms of this agreement shall be severable . In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, - 2 - the remainder of this agreement shall remain in full force and effect . 9 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties . 10 . In the event this agreement is terminated or in the event the program for which the City funds provided herein are to be applied is discontinued or if EPB ceases operations prior to November 30 , 2000 , EPB shall refund to the City any unexpended funds paid by the City hereunder. 11 . EPB shall conduct all of its activities funded pursuant to this agreement, including but not limited to, the providing of clean-up and aesthetic programs, in accordance and in compliance with all requirements of law. 12 . This agreement shall be 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 pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 13 . This Agreement shall be in full force and effect from the date of execution through December 31 , 2000 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above . ELG VPRO UD AND BEAUTIFUL, INC. By J Us ��t r P d CITY OF ELGIN, a municipal corporation By � ZIOZ5;11/ Ed Scho,ck Mayor Attest : City Clerk 3 - City of Elgin Agenda Item No. April 3 , 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Purchase of Service Agreement with Elgin Proud & Beautiful, Inc . PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of the Purchase of Service Agreement with Elgin Proud & Beautiful (EPB) . BACKGROUND The City of Elgin has contributed funds to Elgin Proud & Beautiful for several years. Funds are again available through the Boards & • Commissions section of the 2000 Budget . The support is structured as a Purchase of Service Agreement with the City. Attached is the Purchase of Service Agreement which outlines a list of proposed EPB activities to benefit Elgin during the course of the year. In summary, EPB activities . primarily include the coordination of specific projects including neighborhood & school plantings, preparation of a newsletter, maintaining a database and conducting a city-wide clean-up. During the 1999 EPB Annual City-Wide Spring Clean-Up, volunteers collected over three tons of trash, tires and other debris from Elgin roadsides, vacant lots & other miscellaneous areas . EPB volunteers and their mascot, Captain Clean-Up, promoted recycling & litter prevention at National Night Out festivities as well as during the Elgin Youth Fest . Similar events are planned for this year, including the EPB Annual City-Wide Spring Clean-Up, which will be held in conjunction with the Elgin Public Works Department Open House on Saturday, May 20, 2000 . Attached is a copy of the 1999 EPB Financial Report and the proposed 2000 EPB Budget . EPB was honored in 1996 for their ongoing efforts with an Elgin Image Award for creating a cleaner, more beautiful Elgin. • COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED • Elgin Proud & Beautiful -- April 3 , 2000 Page 2 None . -0FINANCIAL IMPACT There is $6, 000 budgeted in account number 010-0902-709 . 80-07 Boards & Commissions- Elgin Proud & Beautiful . 01 /LEGAL IMPACT V None . ALTERNATIVES None . RECOMMENDATION It is recommended that the Mayor & City Council authorize the approval of the Purchase of Service Agreement with Elgin Proud & Beautiful, Inc . in the amount of $5, 800 . • Res ectfully submit ed, J ce Parker City Manager . /tsp attachment