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Home My WebLink About01-243 Resolution No. 01-243 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE FOX VALLEY ARTS COUNCIL 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 the Fox Valley Arts Council for the promotion of arts programming, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 12 , 2001 Adopted: September 12 , 2001 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk a PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this J.J�W day of 5 2001, by and between Fox Valley Arts Council, an Illinois not-for- profit corporation (hereinafter referred to as "FVAC") , 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 activities which showcase the arts and encourage participation in arts programing; and WHEREAS, FVAC promotes and facilitates the arts in the Fox Valley, including Elgin. 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 FVAC the sum of $5, 000 on or before September 1, 2001. 2. FVAC shall apply the $5,000 contribution from the City to expenses relating to its programs to promote the arts and publicize Elgin arts activities. 3. FVAC hereby agrees to provide the following services to City or to City's reasonable satisfaction on or before June 30, 200A:41- A. Inclusion of a page in the Fox Valley Arts Council publication, Arts Beat, devoted exclusively to Elgin arts-related activities for one publication year. B. Publish the Art Around the Fox brochure, with a least one quarter of the entire published quantity being distributed in Elgin and which will identify the City of Elgin and the Elgin Cultural Arts Commission as major underwriters. C. Providing for at least one Artist Network event in Elgin. D. Providing for a least one art exhibit in Elgin p+Y IAJC�i(�/i(/q Elgin artists. 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 $5,000 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. 5. FVAC shall provide the City two written reports detailing the disbursement of $5,000. These reports shall be provided to the City Council by December 31, 2001 and June 30, 2002 and shall include all program activity. The reports shall be submitted to the City Manager's Office , 150 Dexter Court, Elgin, IL, 60120. 6. FVAC shall provide City with financial statements relative to the organization's total operations. These statements shall be provided on or before June 30, 2002. 7. The City shall have the right to review all accounting records related to the use of the $5,000, given 72 hours notice, and at a time agreed upon by both parties. 8. To the fullest extent permitted by law, FVAC 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 FVAC or its officers, employees or agents in the performance of this agreement or operations funded pursuant to this agreement. Nothing herein affects FVAC'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. 9. 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, the remainder of this agreement shall remain in full force and effect. 10. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties. 11. 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 FVAC ceases operations prior to November 30, 2001, FVAC shall refund to the City any unexpended funds paid by the City. hereunder. 12. FVAC shall conduct all of its activities funded pursuant to this agreement, in accordance and in compliance with all requirements of law. 13 . 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. 14. This Agreement shall be in full force and effect from the date of execution through June 30, 2002. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above. Fox Valley Arts Council By ElizabkJh Johns President CITY OF ELGIN, a municipal corporation By E Schock Mayor Attest: City Clerk City Of Elgin Agenda Item No. July 20, 2001 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager RECREATIONAL LEISURE ANO CULTURAL OPPORTUNITIES FOR ALL CITIZENS SUBJECT: Purchase of Service Agreement with the Fox Valley Arts Council PURPOSE The purpose of this memorandum is to present the Mayor and members of the City Council with a recommendation from the Cultural Arts Commission to enter into a Purchase of Service Agreement with the Fox Valley Arts Council . BACKGROUND The Fox Valley Arts Council (FVAC) is a not-for-profit organization, located in Geneva, Illinois, the purpose of which is to promote arts programming through-out the Fox Valley. The Cultural Arts Commission has provided funding to FVAC for the last four years . This funding has purchased a page in the organization' s publication, Arts Beat, which is devoted exclusively to Elgin arts programming and contribution to cover publication expenses for a variety of FVAC materials . The Cultural Arts Commission received a request from the Fox Valley Arts Council to, once again, provide financial assistance to that organization for its fiscal year 2001-2002 . The commission approved assistance in the amount of $5, 000 to be applied specifically to the following activities : $2 , 000 . 00 purchase of full page in the Arts Beat for a full year $3 , 000 . 00 to be applied to: publication of the Art Around the Fox event brochure; support for Artist' s Network events-at least one of which will be held in Elgin; support for art exhibits, including Elgin sites . ew Purchase of Service Agreement with Fox Valley Arts Council July 20, 2001 Page 2 In the past, financial support to the Fox Valley Arts Council took the form of a contribution to that organization and purchase of space in its publication. The commission feels that a Purchase of Service Agreement is desirable in order to insure that Elgin funds are applied to programs with specific benefits to the community and that the recipient agency is required to provide reporting on the use of those funds . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Cultural Arts Commission Fox Valley Arts Council FINANCIAL IMPACT Funding for the Fox Valley Arts Council in the amount of $5, 000 is available in the 2001 Cultural Arts Commission budget, account number 275-0000-791 . 80-10 . l GAL IMPACT V` None. ALTERNATIVES 1 . Approve financial support for the Fox Valley Arts Council in the amount of $5, 000 as recommended by the Cultural Arts Commission. 2 . Do not approve the financial support for the Fox Valley Arts Council as recommended. 3 . Approve an expenditure in the amount of $2 , 000 to pay for one page in the Arts Beat magazine, but reject additional funding in the amount of $3 , 000 for FVAC programming. RECOMMENDATION It is recommended that funding in the amount of $5, 000 for the Fox Valley Arts Council be approved, as recommended by the Cultural Arts Commission. Re ectfully submitted,;- L J y e A. arker Y City Manager DKN/od