HomeMy WebLinkAbout02-276 Resolution No. 02-276
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
SCHOOL DISTRICT U-46
(Harriet Gifford Elementary School)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, 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 School District U-46 for partial funding of a social
worker position at the Harriet Gifford Elementary School, a copy
of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 24, 2002
Adopted: July 24, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 11th day of July, 2002,
by and between the City of Elgin, Illinois, a municipal corporation,
(hereinafter referred to as "City") and School District U-46/Harriet
Gifford Elementary School, an Illinois school district and unit of local
government (hereinafter referred to as "U-46") .
WHEREAS, the City has determined it to serve a beneficial public
purpose to provide support for programs assisting students and families who
have been determined to be "at risk"; and;
WHEREAS, U-46 has provided services to families in the community
since 1949; and
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby mutually
acknowledged, the parties hereto hereby agree as follows:
1. The City shall pay to U-46 the sum of $20, 000. Payment shall
be made within thirty (30) days following the execution of this agreement.
2 . U-46 School shall perform the following services to the City' s
satisfaction:
a. U-46 shall apply the aforementioned $20, 000 to
operation expenses for Gifford Elementary School for
the provision of community events. For purposes of
this agreement, "operation expenses" shall include
salary, benefit expenses and expenses associated
with sponsorship of community events/activities.
b. Social work services to students and families from
the Mulberry Court, Amanda Circle areas and other
areas serving the Gifford Elementary School
population. U-46 shall coordinate such services
with the Elgin Police Department R.O.P.E. officers
from these areas, as well as the Police Department's
social worker.
c. U-46 shall provide one written report detailing the
disbursement of $20, 000. This report shall be
provided to the City by June 30, 2002, and shall
include all program activity. This report shall be
submitted to the City Manager' s Office, 150 Dexter
Court, Elgin, Illinois 60120 .
d. U-46 shall provide the City with financial statements
relative to the organization' s total operations .
These statements shall be provided on cr before
September 30, 2002 .
3 . Failure to perform the above services to the satisfaction of
the City shall result in a termination of this agreement and the refund of
the $20, 000 .
4 . The City shall have the right to review all accounting records
related to the use of the $20, 000, provided for herein upon 72 hours
written notice and at a reasonable time agreed upon by both parties hereto.
5. To the fullest extent permitted by law, U-46 agrees to and
shall indemnify, defend and hold harmless the City, its officers,
employees, agents, boards and commissions from and against any and all
claims, suits, judgments, costs, attorneys fees, damages or other relief,
including but not limited to workers compensation claims, in any way
resulting from or arising out of negligent actions or omissions of the U-
46 in connection herewith, including negligence or omissions of employees
or agents of U-46 arising out of 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.
6. This Agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency relationship between
the parties hereto.
7 . The terms of this Agreement shall be severable. In the event
any of the terms or provisions of this Agreement shall be deemed to be void
or otherwise unenforceable for any reason, the remainder of this 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
enforcement of any rights arising out of or in connection with this
agreement shall be in the Circuit Court of Kane County, Illinois.
9. This Agreement shall terminate on July 11, 2003 .
10 . In the event the services for which the City funds provided
herein are to be applied are discontinued or Harriet Gifford Elementary
School ceases its operations prior to December 31, 2002, U-46 shall refund
to the City on a pro rated basis the funds paid hereunder for the portion
of the Agreement term such services were not provided 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 o F ELGIN SCHOOL DISTRICT U-46
By 1111V �:.%-. By LU v T 1/
City anager
ATTEST: Title ?.)7A-)�,/,!!�.)7A-v)60-4 By
City Clerk
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