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Home My WebLink About04-21 1 I Resolution No. 04-21 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS, that David M.Dorgan, 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 Elgin Proud and Beautiful, Inc. for the promotion of beautification, litter prevention, waste reduction and recycling, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 11, 2004 Adopted: February 11, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this ItTA( day of 17f56, , 2004 , by and between ELGIN PROUD AND BEAUTIFUL, INC. , an Illinois not-for-profit corporation (hereinafter referred to as "EPB" ) , 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 a clean and aesthetic environment in which to live and work; and WHEREAS, EPB performs clean-up and aesthetic programs and services; and WHEREAS, EPB promotes recycling, litter prevention and waste reduction. 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 . EPB shall provide a budget which shall reflect the projected distribution of funds received from the City during the term of this agreement . 2 . The City shall pay to EPB the sum of $4 , 560 on or before March 31 , 2004 . 3 . EPB shall apply the $4 , 560 contribution from the City to operating expenses relating to its clean-up programs and aesthetic improvement programs . 4 . EPB hereby agrees to provide the following services to City on or before December 31 , 2004 : A. Set plans and guidelines for 2004 activities, including the annual city-wide beautification day. Plans shall be provided, in writing, to the City' s Solid Waste Coordinator. B. Maintain database of volunteers . C. Meet monthly to finalize specific project details of various projects . D. Recruit volunteer groups to assist with projects . E . Act as "coordinator" for specific projects, including but not limited to clean-up programs and activities which promote recycling, litter prevention and waste reduction. F. Coordinate a Planting Project to improve a designated location aesthetically by planting trees and landscaping. G. Recruit volunteers to assist in city-wide storm sewer inlet stenciling program to help prevent illegal dumping . H. Identify activities/projects which warrant news releases and prepare for submission to news media. I . Provide informational updates for Elgin City Council and Elgin Area Chamber of Commerce on activities . J. Research possibilities of Foundation and/or Grant funding. K. Promote anti-litter and recycling message at various events throughout the year, such as National Night Out , Elgin Youth Fest and America Recycles Day. L. Assist in the promotion of City recycling and HHW (Hazardous Household Waste) programs . 5 . The City shall be recognized as a sponsor of EPB and shall receive the benefits of sponsorship consistent with the level of support provided. At minimum, the City' s support shall be acknowledged in print materials promoting the organizations or event, radio advertising, WEB page information and event program (s) Three samples of this acknowledge shall be provided to the City. A logo provided by the City shall be used for this purpose . 6 . 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 $4 , 560 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 . 7 . EPB shall provide the City two written reports detailing the disbursement of $4 , 560 . This report shall be provided to the City Council by May 31, 2004 , and December 31, 2004 and shall include all program and financial activity. The reports shall be submitted to the City Manager' s Office, 150 Dexter Court, Elgin, Illinois 60120-5555 . 8 . EPB shall provide City with financial statements relative to the organization' s total operations . These statements shall be provided on or before July 31 , 2004 and December 31 , 2004 . 2 r 9 . The City shall have the right to review all accounting records related to the use of the $4 , 560 , given 72 hours notice, and at a time agreed upon by both parties . 10 . To the fullest extent permitted by law, EPB 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 EPB or its officers, employees or agents in the performance of this agreement or operations funded pursuant to this agreement . Nothing herein affects EPB ' 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. The provisions of this paragraph shall survive any termination and/or expiration of this agreement . 11 . 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 . 12 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties . 13 . 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 EPB ceases operations prior to December 31 , 2004 , EPB shall refund to the City any unexpended funds paid by the City hereunder. 14 . EPB shall conduct all of its activities funded pursuant to this agreement , including but not limited to, the providing of clean-up and aesthetic programs, in accordance and in compliance with all requirements of law. 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 pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 16 . This Agreement shall be in full force and effect from the date of execution through December 31, 2004 . 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above . CITY OF ELGIN, a municipal ELGIN PROUD AND BEAUTIFUL, INC. corporation, David M. Dorgan Ja e City Manager Pr nt Attest : Dolonna M cum City Clerk F:\Legal Dept\Agreement\E1ginProud&Beautiful-04.doc 4 City of Elgin Agenda Item No. January 23, 2004 TO: Mayor and Members of the City Council 'M� NEIGHBOR VITALITY FROM: David M. Dorgan, City Manager V'V - ' Tish S. Powell, Solid Waste Coordina r SUBJECT: Purchase of Service Agreement with Elgin Proud & Beautiful, Inc. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the approval of the Purchase of Service Agreement with Elgin Proud & Beautiful (EPB) for 2004. RECOMMENDATION • It is recommended that the City Council approve the Purchase of Service Agreement with Elgin Proud & Beautiful, Inc. in the amount of$4,560 for 2004. BACKGROUND t Elgin Proud and Beautiful, a local affiliate of the national Keep America Beautiful, Inc., conducts activities that promote beautification, litter prevention, waste reduction and recycling throughout the community. The funding being approved will be used for 2004 activities that include planning and coordination of the annual city-wide clean-up, planting projects, volunteer recruitment, participating at various community events to promote anti-litter and recycling, and the promotion of City of Elgin programs for recycling and hazardous waste disposal. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None �FINANCIAL IMPACT The cost of the agreement with Elgin Proud and Beautiful will total $4,560. Sufficient funds in the amount of $4,560 are budgeted and available in the 2004 Riverboat Fund/Contributions Budget, account number 275-0000-791.80-07, for this Purchase of Service Agreement. • PSA- Elgin Proud & Beautiful • January 23, 2004 Page 2 LEGAL IMPACT one ALTERNATIVES 1. Approve the Purchase of Service Agreement with Elgin Proud.& Beautiful as presented. 2. Modify the Purchase of Service Agreement. 3. Reject the Purchase of Service Agreement as presented. Respectfully submitted for Council consideration. (tsp) Attachment •