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HomeMy WebLinkAbout02-22 is Resolution No. 02-22 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH EASTER SEALS JAYNE SHOVER CENTER, INC . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Easter Seals Jayne Shover Center, Inc . for special recreation programs, a copy of which is attached hereto and made a part hereof by reference . s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 23 , 2002 Adopted: January 23 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT BETWEEN EASTER SEALS JAYNE SHOVER CENTER, INC. AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into on this S2 7/4 day of _ , 2002, by and between the Easter Seals Jayne Shover Center,Inc.,an Illinois not-for-profit c iporation(hereinafter referred to as "Center") and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the"City"). NOW,THEREFORE,for and 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 Center shall provide special recreation programs for residents of the City of Elgin who have a disability under the direction of qualified recreation specialists. The aforementioned special recreation programs offered by the Center shall be open to individuals of all ages with all types of disabilities. 2. The Center shall offer recreation programs during not less than four eight-week sessions during the term of this agreement. A holiday program shall be offered for four(4)weeks between November 23, 2002 and December 25, 2002. Transportation for program participants shall be provided by Center for not less than two of the aforementioned programs,which programs shall be selected at Center's discretion. 3. Programs may include, but shall not be limited to, aerobics/conditioning, individual sports, aquatics, recreational sports, Special Olympic competition, arts and crafts, age-appropriate leisure activities, integrative and cooperative programming and special events. The Center staff reserves the right to determine appropriateness for programming by participants. Classifications of disabilities served shall include learning disabilities, mental retardation, behavior disorder, hearing or visual impairment,physical disability, speech/language delay, and developmental delay. 1 4. City shall provide funds to Center upon their request for payment at a total sum of not more than$34,000. Said requests for payment shall only be provided for program participants who are residents of the City. 5. The Center shall name the City as a funding source for the above-mentioned programs in all materials distributed. 6. The Center shall request payment from the City per program,per session at the end of each session,based on the program costs accrued as reflected on each program worksheet. Such request for payment shall be calculated based on actual enrollment, variable facility rental cost, and actual percentage of Elgin residents in each program. 7. This agreement may be terminated by either party hereto at any time upon sixty(60)days written notice by delivering personally or by U.S.Mail said notice to the Center at 799 South McLean Boulevard, Elgin, Illinois, or to the City, 150 Dexter Court, Elgin, Illinois. 8. To the fullest extent permitted by law the Center does hereby, for itself, its heirs, personal representatives and assigns, covenant and agree with the City to forever fully protect, indemnify, defend, and save harmless the City of Elgin, Illinois, from any and all lawsuits, costs, claims for damages,attorney's fees and expenses of every kind and nature which it may suffer,expend,or incur under or by reason, or in consequence of the Center providing special recreation programs for the City of Elgin and to defend, at its own costs and charges on behalf of and for the protection of the said City of Elgin, Elgin, Illinois, any legal action which may be instituted as a consequence of the Center providing special recreation programs. 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 counsel of the City's choosing. 9. This agreement shall commence on March 23, 2002 and terminate on December 31, 2002. 10. In the event this agreement is terminated or in the event the program for which City funds provided hereunder to be applied is discontinued or the Center ceases operations prior to December 31, 2002 the Center shall refund to the City on a prorata basis funds paid hereunder for the portion of the year remaining after any such termination or for the portion year such programs or the Center operations were not conducted. 11. This agreement shall not be deemed or construed to create an employment,joint venture, partnership or other agency relationship between the parties hereto. • CITY OF ELGIN BY: J . Joyce Parker City Manager A st: Dolonna Mecum City Clerk EASTER SEALS JAYNE SHOVER CENTE' IN B ecky Da,sman Its President Attest: Secretary