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Home My WebLink About02-115 esolution No. 02-115 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL iOF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Doloina Mecum, City Clerk, be and are hereby authorized and directed' to execute a Purchase of Service Agreement on behalf of the Cit of Elgin with Senior Services Associates, Inc . for assistanc programs for senior citizens, a copy of which is attached h reto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 27, 2002 Adopted: March 27, 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : Dolonna Mecum D s/ o a ec m Dolonna Mecum, City Clerk e PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered i to this f4 day of XVI <- , 2002 by and between SENIOR SERVI ES ASSOCIATES, Inc . , an Illinois not-for-profit corporation, (he2einafter referred to as the "SENIOR SERVICES" ) and the CITY OF ELG$N, Illinois, a municipal corporation, (hereinafter referred to as the "CITY" ) WHEREAS, the City has determined i to serve a beneficial public purpose to provide support for programs assisting senior citizens; and WHEREAS, Senior Services has provided services to seniors in the community since 1973 ; and NOW, THEREFORE, in consideration ofl the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby gree as follows : 1 . The City shall pay to Senior Services the sum of $20, 000 payable in two equal installme is of $10, 000 each. The first payment shall be made within 30 days following the execution of this agreement and rhe second payment before July 1, 2002 . 2 . Senior Services shall perform the following services to the City' s satisfaction. a. Senior Services shall adress all inquiries and requests made pursuant to this agreement to City' s Management Assistant . b. Senior Services shall aiply the aforementioned $20 , 000 to operation exp nses . For purposes of this agreement, operatio expenses shall include salary and benefit ex enses, rent, facility maintenance expenses, eeting expenses, and expenses associated with sponsorship of community events/activities . c . Senior Services shall continue to coordinate the Neighbor to Neighbor program matching volunteers to seniors needs . Senior (Services shall actively promote the Neighbor to Ne ' ghbor program throughout the community including o treach to City staff and neighborhood groups . d. Senior Services shall 1evelop at least one intergenerational program lin conjunction with the City' s Park and Recreation Department . e . Senior Services, cooperating with the City' s Police Department, shall offer the Triad program designed to reduce the criminal victimization of senior citizens and enhance the delivery of law enforcement services to senior citizens . f . Senior Services shall provide information and assistance to Elgin resid nts requiring access to City services . g. Senior Services shall work with the City to provide Senior volunteers to assist with City and community events . h. Senior Services shall proiride two written reports detailing the disburseme' t of $20, 000 . These reports shall be provided to the City Council by May 31, 2002 , and Dece er 31, 2002 , and shall include all program activi y. These report' s shall be submitted to the Cit Manager' s Office, 150 Dexter Court, Elgin, IL, 0120 . i . Senior Services shall protide City with financial statements relative to t e organization' s total operations. These statem nts shall be provided on or before July 31 , 2002 a d December 31, 2002 . j . Failure to perform the above services to the satisfaction of the City ouncil shall result in a termination of this agreement and the refund of the $20, 000 consideration as and for liquidated damages . 3 . The City shall have the right to review all accounting records related to the use of jthe $20 , 000 provided for herein upon 72 hours written noice, and at a reasonable time agreed upon by both parti s hereto. 4 . To the fullest extent permitted by law, Senior Services agrees to and it shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgements, costs, attorney' s fees, damage or other relief arising out of negligence, acts or omissions of Senior Services or its officers'„ employees or agents in the performance of this agreement or operations found pursuant to this agreement . ' Nothing herein affects Senior Services' duty to defend ,the City. In the event of any action against the City, 4.ts 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. 5 . This Agreement shall be in full ;l' force and in effect from the date of its execution throulgh December 31, 2002 . 6 . This agreement shall not be co strued so as to create a partnership, joint venture, em loyment or other agency relationship between the parti s hereto. 7 . The terms of this agreement sh 11 be severable . In the event any of the terms or provisions of this agreement shall be deemed to be void or of erwise unenforceable for any reason, the remainder of th' s agreement shall remain in full force and effect . 8 . 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 enforcem nt of any rights arising out of or in connection with t is agreement shall be in the Circuit Court of Kane County, Illinois . 9 . This agreement is the sole agre ment between the parties hereto. There are no other a reements either oral or written, which shall effect th terms or performance of this agreement . This agreemen shall not be modified or amended without the written greement of the parties hereto. 10 . Time is of the essence of this agreement . 11 . In the event the program for which the City funds provided herein are to be ap lied is discontinued or Senior Services ceases its ope ations prior to December 31, 2002 , Senior Services shal refund to the City on a pro rata basis the funds paid ereunder for the portion of the year such program or its operations were to be conducted. �• IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above . CITY OF ELGIN a municipal corporation d S he- Mayor Attest : 4)reL—CL City Clerk SENIOR SERVICES ASSOCIATED, INC, a notHfor-profit corporation Bette Schoeholtz Executive Director � OFE4c, 1,g City of Elgin Agenda Item No. R1 • E t!! G !au �� March 8, 2002 I 4. off l LaL N FINANCIALLY STABLE CITY GOVERNMENT TO: Mayor and Members of the City Council EFFICIENT INFRASE RVK STRUCTURE AND QUALITY IN FRASTRUCI'URE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Elgin Symphony Orchestra Support and Purchase of Service Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to, consider a Purchase of Service Agreement with the Elgin Symphony Orchestra (ESO) for youth programming and general operational support . BACKGROUND The 2002 budget includes $193 , 000 for ESQ support, with $155, 000 from the Riverboat Fund designated for ESO support and youth initiatives and $38 , 000 from the General Fund Cultural Arts Commission budget . The ESO is the largest orchestra in the state outside of the City of Chicago. With over 45 , 000 ticketed 1, patrons each year to a variety of concerts, the presence of ESC} in the community helps establish Elgin as a regional center for the performing arts . ESO estimates that approximately 20 , 000 of these patrons are from Elgin. In addition to these programs, ESO. in partnership with the City, has provided a variety of program, to school children in Elgin. A continued feature of the Symphony' s prpgram is a collaboration with Hamilton Wings to implement a mu0ic development program designed to serve at-risk youth. Begun irp 1999, Students Creating Opera to Reinforce Education (SCORE ! ) Protides the opportunity for 60 at-risk students, age 10 to 13 , to , work with professional singers, composers, instrumentalists, writers, designers and theatre technicians to create, develop, produce and perform an rft. original opera. The ESO will apply $25, 000 of the City' s contribution to this program. .. __. rk Elgin Symphony Orchestra Purchase of Service Agreement March 8, 2002 Page 2 The contribution will also be applied to general operational expenses ($63 , 000) and to office and salary expenses ($30 , 000) . Also, an additional 10 percent discount on Hemmens rental will be available to ESO if it uses the facility more than 15 times per year. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Symphony Orchestra. FINANCIAL IMPACT (r..._ In the 2002 Budget, there is $193, 000 budgeted in General Fund account number 010-0902-709 . 80-10 ($38, 000) and Riverboat Fund account number 275-0000-791 . 80-11 ($155, 000) to cover this agreement . LEGAL IMPACT 'ow None . ALTERNATIVES 1 The City Council could approve the agreerrjent as drafted, edit the agreement or decline to provide support to ESO. RECOMMENDATION It is recommended that the City Council ;, approve the Purchase of Service Agreement, reflecting a City contribution of $193, 000, with the Elgin Symphony Orchestra as presented. Respectfully submitted, ` _ _..ate Mik Olufemi Fol . Inte im C' : u- -.ger DKN/od Attachment