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HomeMy WebLinkAbout02-111 Resolution No. 02-111 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION 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 an agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for revitalization efforts in downtown Elgin, a copy of which is attached hereto 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 : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT yam- Abe"L THIS AGREEMENT is made and entered into on theday of 0:, 2002 , by and between the DOWNTOWN NEIGHBORHOOD ASSOCIATION, an Illinois not-for-profit organization, (hereinafter referred to as the "DNA" ) 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 support for the development and enhancement of the center city; and WHEREAS, the DNA is a membership-based organization formed to create, support, and sustain revitalization efforts in downtown Elgin. WHEREAS, the revitalization of Downtown Elgin will result in increased property values and increased job opportunities; and WHEREAS, the City is a home rule unit which may exercise any power and perform any function pertaining to its government and affairs ; and WHEREAS, the revitalization of Downtown Elgin including increased property values and job opportunities therein pertains to the government and affairs of the City. 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 DNA the total sum of Sixty Thousand Dollars and no/100ths ($60 , 000) to be made in three equal payments of Twenty Thousand Dollars and no/100ths ($20, 000) . The first payment will be made following the execution of this agreement . . The second payment shall be made by May 1, 2002 . The third payment shall be made by August 1, 2002 . 2 . DNA shall conduct all of its activities funded pursuant to this agreement, including but not limited to, the providing of support for the development and enhancement of the center city, in accordance and in compliance with all requirements of law. 3 . DNA shall address. all inquiries and requests made pursuant to this agreement to the City' s Director of Economic Development and Business Services . 4 . DNA shall apply the $60 , 000 contribution to operating expenses such as staff salary and benefits, rent, meeting expenses, and expenses associated with sponsorship of community events . 5 . DNA shall develop strategic planning that enhances the appearance and promote the preservation of downtown through the following means : a. Forums b. Design Assistance and Facade Programs c . Strategic Planning 6 . DNA shall implement and/or assist in multiple community events to be held in the Center City such as the Window July Parade, Harvest Market, Fiesta Salsa, Wonderland and the Four. Bridges of Elgin Bicycle Race Carbo-Load Dinner. 7 . Representatives of DNA shall meet not less than quarterly with representatives of. the Elgin Area Chamber of Commerce and City of Elgin. 8 . DNA shall assist with the implementation of a strategy designed to strengthen existing downtown businesses, recruit new businesses and develop strategies designed to sustain the economic vitality of the downtown. 9 . The DNA office shall also serve as a Discovery Studio for the implementation of the City of Elgin Riverfront Center City Master Plan. 10 . DNA shall provide two written reports detailing the disbursement of $60 , 000 . These reports shall be provided to the City Council by July 31, 2002 , and December 31, 2002 , and shall include all program activity. These reports shall be submitted to the Economic Development Department, City Hall, 150 Dexter Court, Elgin, IL, 60120 . 11 . DNA shall provide 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 . 12 . The City shall have the right to review all accounting records related to the use to the $60 , 000, given 72 hour notice, and at a time agreed upon by both parties. 13 . DNA agrees to and it shall indemnify, defend and hold harmless the City, its officers, employees , agents, boards and commissions from and against any and all claims, suits, judgements, costs, attorney' s fees, damages or other relief , arising out of or resulting from or through or alleged to arise out of any negligent acts or omissions of DNA or its officers, employees or agents in the performance of this agreement . Nothing herein affects DNA' s duty to defend the City. In the event of any action against the City, its officers, employees , agents , boards and commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City' s choosing. 14 . 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 $60 , 000 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 . 15 . In the event this agreement is terminated or in the event the programs for which the City funds provided herein are to be applied are discontinued or DNA ceases its operations prior to December 31, 2002 , DNA shall refund to the City on a prorated basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year such programs of DNA operations were not conducted. 16 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17 . 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. 18 . This agreement shall be in full force and in effect from the date of its execution through December 31, 2002 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above . CITY OF ELGIN a municipal corporation By OtIV- - . Oyu Witt e^et.,Ra«► City kg- � v Attest : City Clerk Downtown Neighborhood A iation of E gin, a n t-f r-- rofit poration • By Jo n Ste n P siden `�(OF E-401\( ` '`" Agenda Item No.City of Elgin E ,11 March 8, 2002 G *.; # i .. 1 Y fr N TO: Mayor and Member of the City Council �. Al IVF )WN IC_)WN FROM: Olufemi Folarin, Interim City Manager SUBJECT: Downtown Neighborhood Association Purchase of Service Agreement PURPOSE The purpose of the memorandum is to provide information to the Mayor and members of City Council to consider a Purchase of Service Agreement with the Downtown Neighborhood Association (DNA) for 2002 . BACKGROUND The Downtown Neighborhood Association is a grass-roots, membership- based organization formed to create, support and sustain revitalization efforts in downtown Elgin. Members include downtown businesses, civic and social service organizations, property owners, residents, surrounding neighborhood and others interested in revitalization. Currently, the DNA has over 100 members . DNA' s first meeting was held December 1997 and the group was formally recognized as an Illinois 501c (3) not-for-profit organization in April 1998 . In DNA' s brief existence, it has become very active in reaching out to the community and bringing together many downtown interests . The Downtown Neighborhood Association is modeled after the Main Street Program, a revitalization strategy employed in many Illinois communities and cities nationwide. Elgin was recently designated as a Main Street community. As part of the 2002 budget process, the Downtown Neighborhood Association (DNA) requested and was granted $60, 000 from the City for program support . DNA had proposed that this funding be utilized to support the following programs : • Downtown appearance and preservation - DNA shall develop strategic planning that enhances the appearance and promotes the preservation of downtown through forums, design assistance and facade programs, and other strategic planning. :, DNA Purchase of Service Agreement March 8 , 2002 Page 2 • Downtown business retention and expansion - DNA shall assist with implementation of policy designed to strengthen downtown businesses, recruit new businesses, and develop strategies to I sustain the economic vitality of the downtown. • Downtown event sponsorship - The DNA will implement and/or assist in multiple community events to be held in the center city such as the 4th of July Parade, Harvest Market, Four Bridges of Elgin International Bike Race Carbo-Load Dinner, Fiesta Salsa, and Window Wonderland. • City implementation of Riverfront Center Master Plan - DNA shall serve as a Discovery Studio for implementation of the City of Elgin Riverfront Center City Master Plan. • Coordinate efforts with other relevant organizations - The DNA will be active with the Chamber of Commerce, the Riverfront/Downtown Project Management Team, the E-Elgin 1 Technology Action Team, Neighborhood Council , City of Elgin staff, and others . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The proposed agreement was drafted in conjunction with the DNA Executive Director Norma Miess . FINANCIAL IMPACT C(Yk--- Funding of $60, 000 is included in the 2002 Riverboat Fund budget, account number 275-0000-791 . 80-36 . EGAL IMPACT None . ALTERNATIVES The City Council could approve the agreement as drafted, edit the agreement or decline to provide support to the Downtown Neighborhood Association. • DNA Purchase of Service Agreement March 8 , 2002 Page 3 RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement with the Downtown Neighborhood Association in the amount of $60 , 000 . 00 . Respectfully submitted, Olufemi arin /bi Interi y anager Attachments