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HomeMy WebLinkAbout04-74 Resolution No. 04-74 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH HAMILTON WINGS FOR ART IMMERSION AND ENRICHMENT ACTIVITIES 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 Hamilton Wings for art- immersion and enrichment activities for at-risk youth,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: March 31, 2004 Adopted: March 31, 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 this 3 1s7 day of )Zl hl£c(-f, 2004, by and between HAMILTON WINGS (hereinafter referred to as "Hamilton Wings"), an Illinois not-for-profit corporation, and the CITY OF ELGIN, Illinois (hereinafter referred to as the "City"); and WHEREAS, the City of Elgin, Illinois has determined that it is desirable to provide programming which will promote and provide instruction in positive life skills; and WHEREAS, the City has further determined it to serve a beneficial public purpose to assure that its youth are provided a diverse offering of stimulating activities which provide potential life-long benefits; and WHEREAS, the City has determined it beneficial to encourage programs which develop an appreciation and understanding of different art forms for youth; and WHEREAS, Hamilton Wings has demonstrated success in implementing programs for youth which promote an appreciation and understanding of different art forms through which said youth are taught positive life skills. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City shall pay to Hamilton Wings a total amount not to exceed $19,000 for the term of this agreement. Such money shall be paid in two installments each in the amount of$9,500. The first installment of$9,500 will be paid to Hamilton Wings on or before March 30, 2004. The second installment of$9,500 shall be paid on or before March 30, 2004, provided that the City has received the written report as required in Section 5 of this agreement. Hamilton Wings shall not be entitled to any payment in excess of the total amount of$19,000. Such $19,000 shall be used by Hamilton Wings solely and only for the program activities described in this agreement. 2. Hamilton Wings shall conduct SCORE! (Students Creating Opera to Reinforce Education) a collaborative arts education program targeting at-risk youth between the ages of 10 and 14. Program shall consist of SCORE! Phase One and SCORE! Phase Two programs, including a public performance at the end of the instructional sessions by participating students. Phase One of the program shall consist of students working directly with professional singers, actors, composers, instrumentalists, writer, designers and theatre technicians to create, develop, produce and perform an original opera. Phase Two of the program involves a examination and refinement of the opera created under Phase One, and the development of an arts-based community service project. Program activities will be completed by July I, 2004. 3. Hamilton Wings shall coordinate with major cultural and arts institutions to implement SCORE! 4. Hamilton Wings shall provide a budget which shall reflect the projected distribution of funds received from the City during the term of this Agreement. within thirty days of execution of this Agreement. 5. Hamilton Wings shall provide the City with two written reports detailing the all program activities and the disbursement of any and all City funds spent by Hamilton Wings. These reports shall also include but not be limited to, a description of programs provided, number of youth served, and demographics of program participants and program activities. These reports shall be provided to the City Council by May 31, 2004 and December 31, 2004. These reports shall be submitted to the City Manager's Office, 150 Dexter Court, Elgin, Illinois 60120. 6. Hamilton Wings shall provide City with financial statements relatives to the organization's total operations. These statements shall be provided on or before July 31, 2004 and December 31, 2004. 7. The City shall have the right to review all accounting records related to the use of the $ 19,000 given 72 hours notice, and at a time agreed upon by both parties. 8. The City of Elgin shall be recognized as a sponsor of Hamilton Wings and, at minimum, the City's support shall be acknowledged in print materials promoting the program or event, radio advertising, WEB page information and event program(s). Three samples of this acknowledgement shall be provided to the City. 9. To the fullest extent permitted by law, Hamilton Wings 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 Hamilton Wings' 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. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 10. This Agreement shall be in full force and effect from the date of its execution through December 31, 2004. 11. The term 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 joint venture, partnership, employment or other agency relationship between the parties hereto. 13. 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. CITY OF ELGIN HAMILTON WINGS BY � i B Es Schock, Mayor Rise o Ex,cutive ATTEST: Dolonna Mecum, City Clerk