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Home My WebLink About02-65 Resolution No. 02-65 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN ENRICHMENT SERIES 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 Enrichment Series for programs by renowned speakers, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 27 , 2002 Adopted: February 27, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum _ Dolonna Mecum, City Clerk i, PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of� , 2002 , by and between the ELGIN ENRICHMENT SERIES, In , an I linois not-for-profit corporation, (hereinafter referred to as the "ELGIN ENRICHMENT SERIES" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "CITY" ) ; WHEREAS, the City has determined the Elgin Enrichment Series serves a beneficial public purpose by providing programs that bring nationally and internationally renowned speakers to Elgin; and WHEREAS, the Elgin Enrichment Series has served the community since 1997 , providing presentations on matters of public interest and relevance to the community; and WHEREAS, the Elgin Enrichment Series attracts people from throughout the region and enhances the image of the Elgin community; 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 Elgin Enrichment Series the sum of $10 , 000 on or before March 30 , 2002 . 2 . The Elgin Enrichment Series shall address all inquiries and requests made pursuant to this agreement to City' s Management Assistant . 3 . The Elgin Enrichment Series shall apply the aforementioned $10 , 000 to speaker' s fees and promotional expenses for events . Topics of the events shall be related to matters of public interest and relevance to the greater Elgin community. 4 . The Elgin Enrichment Series shall present a minimum of five events during the 2002 calendar year . 5 . The City shall have the right to review all accounting records related to the use of the $10, 000 provided for herein upon 72 hours written notice, and at a reasonable time agreed upon by both parties hereto. 6 . To the fullest extent permitted by law, Elgin Enrichment Series 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 any negligence, acts or omissions of Elgin Enrichment Series or its officers, employees or agents in the performance of this agreement or operations funded pursuant to this agreement . Nothing herein affects Elgin Enrichment Series' 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 . 7 . Elgin Enrichment Series shall provide two written reports detailing the disbursement of $10 , 000 . These reports shall be provided to the City Council by May 31 , 2002 and December 31 , 2002 , and shall include all program activity. These reports shall be submitted to the City Manager' s Office, City Hall , 150 Dexter Court , Elgin, IL 60120 . 8 . Elgin Enrichment Series shall provide the 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 . This agreement shall be in full force and in effect from the date of its execution through December 31 , 2002 . 10 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto . 11 . 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 . 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 arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois . 13 . This agreement is the sole agreement between the parties hereto . There are no other agreements either oral or written, which shall affect the terms or performance of this agreement . This agreement shall not be modified or amended without the written agreement of the parties hereto . 14 . Time is of the essence of this agreement . 15 . In the event the program for which the City funds provided herein are to be applied is discontinued or the Elgin Enrichment Series ceases its operations prior to December 31 , 2002 , the Elgin Enrichment Series shall refund to the City on a pro rata basis the funds paid hereunder 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 ELGIN ENRICHMENT SERIES, Inc, a municipal corporation a not-for-profit corporation By By . E Schock 0,42,-xu APcACEZSFd Mayor President Attest : Dolonna Mecum, City Clerk City Of Elgin Agenda Item No. February 8, 2002 _ RECREATIONAL LEISURE TO: Mayor and Members of the City Council ANO CULTUPAL OPPORTUNITIES FOR ALL C PPI RT FROM: Olufemi Folarin, Acting City Manager SUBJECT: Purchase of Services Agreement with Elgin Enrichment Series PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council to consider a Purchase of Service Agreement with the Elgin Enrichment Series . BACKGROUND • Since 1997, the Elgin Enrichment Series has brought nationally renowned speakers to Elgin. Audiences . have been treated to presentations by recognized experts, including journalists, humorists, literary figures, health professionals and entertainment personalities . Speakers have included Morton Dean, Linda Ellerbee, Rita Moreno, Bill Kurtis, Roger Ebert, Loretta LaRoch and Bob Mackie . City funds would be applied to speaker fees and promotional expenses . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT Sufficient funds are budgeted and available ($10, 000) in the Riverboat Fund, account number 275-0000-791 . 80-12 , to pay for this agreement . LEGAL IMPACT None. • Elgin Enrichment Series PSA February 8, 2002 • Page 2 ALTERNATIVES The City Council could approve a Purchase of Service Agreement or decline to provide support to the Elgin Enrichment Series . RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement in the amount of $10 , 000 with the Elgin Enrichment Series . Respectfully submitted, Olufeml F 'arin Actin Cit ariager DKN/od Attachments • SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of 2000, by and between ELGIN ENRICHMENT SERIES, Inc. , an Illinois not-for-profit corporation, (hereinafter referred to as the "ELGIN ENRICHMENT ,SERIES" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "CITY") WHEREAS, the City has determined it to serve a beneficial public purpose to provide programs bringing nationally and internationally renowned speakers to Elgin; and WHEREAS, the Elgin Enrichment Series has served the community since 1997, providing presentations on matters of public interest; and relevant to the community; and WHEREAS, the Elgin Enrichment Series attracts people from throughout the region and enhances the image of the Elgin community; 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 Elgin Enrichment Series the sum of $10, 000 . The payment shall be made within 30 days following the execution of this agreement . 2 . The Elgin Enrichment Series shall address all inquiries and requests made pursuant to this agreement to City' s Assistant City Manager. 3 . The Elgin Enrichment Series shall apply the aforementioned $10, 000 to speaker' s fees and -promotional expenses for the events . Topics of the events shall be related to matters of public interest and relevance to the greater Elgin community. 4 . The Elgin Enrichment Series shall present a minimum of five .events during the year. S . The Elgin Enrichment Series shall provide a written report detailing the disbursement of the $10, 000 provided for herein. This report shall be provided to the City Council by January 1, 2001 and shall include a description of program activity including the number and types of programs offered and the number of participants . 6 . The City shall have the right to review all accounting records related to the use of the $10, 000 provided for herein upon 72 hours written notice, and at a reasonable time agreed upon by both parties hereto . -1- w 7 . To the fullest extent permitted by law, Elgin Enrichment Series 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, judgments, costs, attorney' s fees, damage or other relief arising out of or resulting from or through or alleged to arise out of any negligence, acts or omissions of Elgin Enrichment Series or its officers, employees or agents in the performance of this agreement or operations funded pursuant to this agreement . Nothing herein affects Elgin Enrichment Series' 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 . This Agreement shall be in full force and in effect from the date of its execution through December 31, 2000 . 9 . This agreement shall not be' coristrued so as to create a partnership, joint venture, employment or other agency relationship -between the parties hereto. • 10 . 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 . 11 . 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. 12 . This agreement is the sole agreement between the parties hereto. There are no other agreements either oral or written, which shall affect the terms or performance of this agreement . This agreement shall not be modified or amended without the written agreement of the parties hereto. 13 . Time is of the essence of this agreement . 14 . In -the_ event the program for which the City funds provided herein are to be applied is discontinued or .the Elgin Enrichment Series ceases its operations prior to • December 31, 2000, the Elgin Enrichment Series shall refund to the City on a pro rata basis the funds paid hereunder for the portion of the year such program or its -2- • 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 BY Ed Schock Mayor Attest : City Clerk ELGIN ENRICHMENT SERIES, Inc,_ a not-for-profit corporation • By Claire Johannesen President -3-