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Home My WebLink About03-116 Resolution No. 03-116 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 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 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/ Ed Schock Ed Schock, Mayor Presented: April 23 , 2003 Adopted: April 23 , 2003 Omnibus Vote: Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT BEYWEEN EASTER SEALS JAYNE SHOVER CENTER AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into this 9day of `yj , 2003,by and between the Easter Seals Jayne Shover Center,Inc.,an Illinois not-for-profit corporate n,(hereinafter referred to as"Center") and the CITY OF ELGIN,a municipal corporation(hereinafter referred to as the"City"). NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledge,the parties hereto hereby agree as follows: 1. The City shall pay to the Center the sum of$20,000 on or before May 15,2003.Prior to receipt of payment the Center shall provide a budget which shall reflect the projected distribution of funds received from the City during the term of the agreement. 2. The Center shall provide a budget to the City by January 31,2003,which shall reflect the distribution of funds received from the City during the term of this agreement. 3. The Center shall address all initial inquiries and requests made pursuant to this agreement to the City's Recreation and Facilities Superintendent. 4.The Center shall apply the aforementioned$20,000 for special recreation opportunities for residents of Elgin throughout the year. 5.The Center shall provide two written reports detailing the disbursement of$20,000.These reports shall be provided to the City Council by May 31,2003 and December 31,2003,and shall include all programs activity.These reports shall be submitted to the City Manager's Office,City Hall, 150 Dexter Court,Elgin,IL, 60120. 6. The Center shall provide to the City a year end audited financial statement prepared by an independent,certified public accountant,no later than November 31,2003. 7. The City shall be recognized as a sponsor of the Center and shall receive the benefits of sponsorship consistent with the level of support provided. At minimum,the City's support shall be acknowledged in the Center Annual Report and worldwide web page information. Samples of this acknowledgement shall be provided to the City for its approval. 8. To the fullest extent permitted by law,the Center 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, attomey's fees,damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of the Center's 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 or expiration of this Agreement. 9. This Agreement shall terminate December 31,2003. 10. That this Agreement shall not be deemed or construed to create an employment,joint venture, partnership,or other agency relationship between the parties hereto. 11.In the event the program for which the City funds provided herein are to be applied is discontinued or the Center ceases its operations prior to December 31,2003,the Center 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 not conducted. 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 pursuant to this agreement shall be in the Circuit Court of Kane County,Illinois. 13. No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution,approval or attempted execution of this Agreement. 14.This Agreement,the documents it incorporates and its attachments constitute the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or extended except by written amendment duly executed by the parties. IN WITNESS WHEREOF,the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN, a municipal corporation By David Dorgan City Manager Attest: Delonna Macun City Clerk Easter Sea • e :(ver Center,Inc. By �. Larry N.u It's President \ OF El.C� LSO , ti Agenda Item No. City of Elgin g EATED 4E�' y.5.. L March 21, 20003 G j .: , i ._. N I TO: Mayor and Members of the City Council RECREATIONAL ANC.CULTURAL OPPORTUNE,IES FOR Al FROM: David M. Dorgan, City Manager L ITI�FNs fi SUBJECT: Easter Seals Jayne Shover Purchase of Service Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Purchase of Service Agreement with Easter Seals Jayne Shover Center. BACKGROUND Since 1984, the City has worked with Easter Seals Jayne Shover Center to provide quality recreation programs open to individuals of all ages with all types of disabilities. Throughout the year, Easter Seals Jayne Shover Center offers exercise classes, a bowling league, swim lessons, family swim time, and Special Olympic training and competition in many individual and team sports. Trips to concerts, zoos, and restaurants are among some of the most popular programs offered. Currently, a Purchase of Service Agreement is in place with 9 Easter Seals Jayne Shover Center paying them $34, 000 for Y P Y 9 $ recreational services provided for Elgin residents for 2003 . Based on actual expenses incurred in 2002 for these services, Easter Seals Jayne Shover Center is predicting that for fiscal year 2003, the special recreation services provided for the residents of Elgin will be underfunded by approximately $20, 000 . Therefore, Easter Seals Jayne Shover is requesting a one time grant of $20, 000 that would allow them to continue offering this vital service to the residents of Elgin. Easter Seals Jayne Shover has approximately 600 Elgin participants in their programs on a yearly basis. Easter Seals Jayne Shover Agreement March 21, 2003 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Easter Seals Jayne Shover Center. F,)///,ijINANCIAL IMPACT The proposed $20, 000 increase to Jayne Shover Easter Seals Purchase of Service Agreement was not anticipated and therefore not budgeted. To fund this agreement, a $20, 000 transfer from the General Fund, Contingency, account number 010-6902-719 . 84-01 will need to be made. There are sufficient funds budgeted and available ($234,415) to make the transfer. Account number 296-5012-762 .45-99, Recreation Fund, Miscellaneous Service, will be charged. v\l\poyLEGAL IMPACT None. ALTERNATIVES 1 . Approve a one time grant of $20, 000 for Easter Seals Jayne Shover Center to provide special recreation services to the residents of Elgin for 2003 . 2 . Do not approve a one time grant of $20, 000 for Easter Seals Jayne Shover Center to provide special recreation services to the residents of Elgin for 2003 . RECOMMENDATION It is recommended that the City Council approve a one time grant of $20, 000 for Easter Seals Jayne Shover Center to provide special recreation services to the residents of Elgin for 2003 . Respectfully submitted, David M. Dorgan City Manager • ' r Easter Seals Jayne Shover Center February 6, 2003 799 S. McLean Boulevard Seals Elgin, IL 60123 J phone(847) 742-3264 fax(847)742-9436 admin@il-js.easter-seals.org Creating solutions, changing lives. Mr. Sean R. Stegall Assistant City Manager Board of Directors 150 Dexter Court Mike Shales Elgin,IL 60120 Chairman Dear Sean: Alfred Y. Kirkland, Jr. Tom I. Anderson The Board of Directors of Easter Seals Jayne Shover Center has directed a Kay Clancy Taffy Hoffer complete review of all the programs presently offered at the Center. Board Members The purpose of this review is to determine if any of these programs could Penny Cassell be better offered by other agencies, and to ascertain their financial impact on the Stacy DeCoster Center. Elaine Dobra Lucas E. Harriss One of the programs under review is Special Recreation. Our review has Christine Licht Kay Loeloff determined that the services we provide to the City of Elgin are under funded by Ron Lyle approximately $20,000.00 for the fiscal year of 2003. While in the past we have •Barrett O'Connor been able to absorb the under funded amount,we find that we cannot do so this President year. Larry Narum We are asking for a one-time grant of$20,000.00 to allow us to continue providing the new Recreation Centre this vital service. Our staff will work with Services/Programs Parks and Recreation staff during the coming year to determine an appropriate budget for Special Recreation for upcoming years. Adoption/Foster Care Audiology Thank you for considering this request. Without it the Center would have Developmental Preschool Developmental Screenings to discontinue this service resulting in no services being provided or increased Early Intervention costs by Elgin having to join a Special Recreation Association. Education &Discussion Groups I would be happytoprovide whatever additional informationyou may Feeding/Oral Motor Therapy need, or to answer any questions you may have. Inclusive Child Care Infant Massage Instruction Thank you again for your assistance. Music Therapy Occupational Therapy Physical Therapy ProsthetidOrthotic Clinic Sincere Respite Program 411 ` Social Services Special Recreation '--- Speech Language Therapy Stroke Club 417erapeutic Electrical oo Stimulation Larry Narum y Lending Library President/CEO Vision Therapy kw