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HomeMy WebLinkAbout02-113 Resolution No. 02-113 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION 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 Elgin Symphony Orchestra Association for youth programming and general operational support, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 27, 2002 Adopted: March 2.7, 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT �1 THIS AGREEMENT is made and entered into this .tn day of Fot..s..a..„a,r-� , 2002, by and between the ELGIN SYMPHONY ORCHESTRA ASSOCIATION, a not-for-profit organization, (hereinafter referred to as the "ESO") and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "CITY") ; and WHEREAS, The City of Elgin, Illinois has determined it to serve a beneficial public purpose to maintain the Elgin Symphony Orchestra as the largest cultural organization in the Fox Valley, the second largest symphony orchestra in the state and one of the fastest growing orchestras in the country; and WHEREAS, The City has further determined it to serve a beneficial public purpose to assure that its youth are extended a diverse offering of stimulating activities which provide potential life-long benefit; and WHEREAS, The ESO provides over 20, 000 tickets each season to residents of Elgin, draws over 45, 000 ticketed patrons into Elgin each season and acts as the City' s cultural ambassador via its radio broadcast series that reaches over one million worldwide listeners; and WHEREAS, the ESO provides over 13, 000 students each season with stimulating musical experiences. 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 the ESO the sum of $193, 000 on or before March 1, 2002. 2. The ESO shall address all initial inquiries and requests made pursuant to- this agreement to the Management Assistant in the City Manager' s office. 3. The ESO shall apply $75, 000 of the aforementioned $193, 000 to Youth Initiatives. In exchange, the ESO shall provide youth programs, including, but not limited to, Anderson. Petite Musique, Elgin Financial Foundation Kids Konzerts, In-School Music Program, Apprentice Program, and the Homeschool Subscription series. 4 . The ESO shall apply $30, 000 to office and salary expenses related to their location at 20 DuPage Court, including their box office. In exchange, ESO shall maintain and operate a box office in the center city area throughout the year. 5. The ESO shall apply $63, 000 to general operational expenses. 6. The ESO shall apply $25, 000 to the SCORE! (Students Creating Opera to Reinforce Education) program, designed in conjunction with Hamilton Wings. 7 . The ESO shall provide the City two written reports detailing the disbursement of $193, 000. These reports shall be provided to the City Council by May 31, 2002, and December 31, 2002, and shall include all program activity. The reports shall be submitted to the City Manager' s Office, 150 Dexter Court, Elgin, IL, 60120. These reports shall include, but are not limited to, a summary of public performance offerings, gross tickets sold, activities offered for youth, attendance numbers for said activities, and a breakdown of $30, 000 in office expenses. 8. ESO shall provide City with financial statements relative to the organization' s total operations. These statements shall be provided on or before July 31, 2002 and December 31, 2002. 9. The City shall have the right to review all accounting records related to the use of the $193, 000, given 72 hours notice, and at a time agreed upon by both parties. 10. The ESO shall be granted an additional loo discount on Hemmens usage fees, including hall rates, labor and equipment charges, should it hold more than 15 performances in a calendar year at the Hemmens Cultural Center. 11. To the fullest extent permitted by law, ESO 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 any reckless or negligent acts or omissions of ESO' s officers, employees or agents in the performance of this agreement. 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. 12. This Agreement shall be in full force and effect from the date of its execution through December 31, 2002. 13. 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. 14 . This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 15. 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 arising out of or in connection with this agreement or its performance shall be in the Circuit Court of Kane County, Illinois. 1 CITY OF ELGIN ELGIN SYMPHONY ORCHESTRA ASSOCIATION By / - By Ed c oc Michael Pastreich Mayor Executive Director Attest: City Clerk D City of Elgin Agenda Item NO. ^ty February 8, 2002 TO: Mayor and Members of City Council FROM: Olufemi Folarin, Acting City Manager RECREATIONAL LEISURE ANC)CULTURAL OPPORTUNITIES FOR ALL CITIZENS SUBJECT: Purchase of - Service Agreement with Senior Services Associates PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of City Council to consider a Purchase of Service Agreement with the Senior Services Associates, Inc . for 2002 . BACKGROUND Senior Services Associates, Inc . was founded in 1973 for -_ the purpose of meeting the needs of the community' s older adult population. Senior Services provides assistance for approximately • 2 , 500 older adults from Elgin each year. These services include recreation, transportation, home delivered meals, assistance in accessing public benefits, adult day care and in-home services . Senior Services helps to assess the health, financial and housing needs of seniors 60 and older. Financial support for Senior Services in the amount $20, 000 is included in the 2002 budget (funded through the Riverboat Fund) . Senior Services had proposed that this support be utilized to support the following programs : • Neighbor to Neighbor - a program matching community volunteers with specific -senior needs . Triad - an educational program designed to reduce the criminal victimization of senior citizens and enhance the delivery of law enforcement services to senior citizens . • Intergenerational programming - Senior Services has proposed working jointly with Parks and Recreation to develop at least one intergenerational programming. - • Provide information to Elgin residents requiring access to city services . • Volunteer recruitment for City and community needs . Senior Services Associates PSA February 8, 2002 • Page 2 COMMUNITY GROUPS .INTERESTED PERSONS CONTACTED Senior Services Associates staff . FINANCIAL IMPACT Funding of $20, 000 is included in the 2002 Budget in account number 275-0000-791 . 80-04 to cover the Purchase of Service Agreement with Senior Services . LEGAL IMPACT one . ALTERNATIVES The City Council could approve a Purchase of Service Agreement with Senior 'Services Associates or .decline to provide support . RECOMMENDATION It is recommended that the City Council approve entering into a Purchase of Service Agreement in the amount of $20, 000 with Senior Services Associates . • Respectfully submitted, Olu emi ari Actin Ci Manager DKN/od Attachment •