HomeMy WebLinkAbout03-32 Resolution No. 03-32
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN RECREATION CENTER
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 a Purchase of Service Agreement on behalf of the City of
Elgin with the Elgin Recreation Center for gang intervention and
prevention services, a copy of which is attached hereto and made a
part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: February 12 , 2003
Adopted: February 12 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT BETWEEN
ELGIN RECREATION CENTER
AND THE CITY OF ELGIN
THIS AGREEMENT is made and entered into this 2(jay of �P�G. a ,2003,by and between
ELGIN RECREATION CENTER,an Illinois not-for-profit corporation,(hereinafter referred to as the"ERC")
and the CITY OF ELGIN,Illinois, a municipal corporation, (hereinafter referred to as the"City").
WHEREAS,the City of Elgin,Illinois has determined it is in the best interests of the City of Elgin to
discourage criminal activity through the promotion of alternative activities for minors and to aid the promotion
of such activities; and
WHEREAS,the ERC is prepared to continue a program of gang intervention and prevention services
but requires fmancial assistance; and
WHEREAS,ERC serves an ethnically diverse population of youth from predominately low-income
families; and
WHEREAS, Elgin's low-income,at-risk youth spent approximately 102,000 hours at ERC in 2002.
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. ERC shall offer and provide a Gang Intervention Program including,but not limited
to a summer school program component.
2. ERC shall provide a budget to the City by January 31, 2003, which shall reflect the projected
distribution of funds received from the City during the term of this agreement.
3. In addition to other payments provided herein,the City shall pay to ERC the sum of not more than
$124,000 which shall be used for rent, utilities and administrator health insurance. Payment for rent
($108,000)of the aforementioned$124,000,shall be made directly to the facility owner in accordance with the
ERC lease agreement. Payment for administrator health insurance($2,000)of the aforementioned$124,000,
shall be made directly to ERC.. Payment for utilities ($14,000) of the aforementioned $124,000, shall be
reimbursed to ERC in April,August and December upon submittal to the City of utility receipts.
4. The City shall pay$76,000 to ERC for gang intervention programming,including but not limited
to, a summer school program. Payment to ERC shall be made in three equal installments of$25,333 in
February, June,and October,2003 provided that the budget required by section 2 and the reports required by
section 4 herein have been received and approved by the City.
5. ERC shall provide three written reports detailing the disbursement of funds. These reports shall be
provided to the City Council by May 31,2003,September 30,2003,and December 31,2003,and shall include
all program activity. These reports shall be submitted to the City Manager's Office, City Hall, 150 Dexter
Court, Elgin, IL 60120.
6. ERC shall provide City with financial statements relative to the organization's total operations.
These statements shall be provided on or before July 31,2003 and December 31,2003.ERC shall also provide
to the City a year end audited financial statement prepared by an independent,certified public accountant,no
later than March 31,2003.
7. The City shall be recognized as a sponsor of ERC and shall receive the benefits of sponsorship
consistent wsith the level of support provided. At minimum, the City's support shall be acknowledged in
ERC's Annual Report and worldwide web page information. Samples of this acknowledgement shall be
provided to the City for its approval.
7. To the fullest extent permitted by law, ERC 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,attorneys 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 ERC'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 and/pr expiration
of this agreement.
8. 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.
9. 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.
10. 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.
11. Funds provided by the City shall not be used directly or indirectly for religious activities; in the
event that a primarily religious entity provides the public services provided for herein,in whole or in part,it
may not discriminate in employment or services on the basis of religion and no religious services shall be
provided.
12. 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.
13. This agreement shall not be construed to create a partnership,joint venture,employment or other
agency relationship between the parties hereto.
14. This Agreement shall be in full force and in effect until December 31, 2003.
15. In the event the program for which the City funds provided herein are to be applied is continued
or ERC ceases its operations prior to December 31,2003,ERC shall refund to the City on a pro rata basis the
funds paid herein for the portion of the year such program or its operations were not conducted.
16. If during the term of this agreement ERC purchases the facility it is currently renting at 1080 East
Chicago Street,Elgin,Illinois,the provision for the City's payment of rent in paragraph hereof in the amount of
$108,000 shall terminate as of ERC's purchase of such property. In the event the City thereafter in its sole
discretion determines to provide financial assistance to ERC for mortgage payments on such property,any such
assistance shall require a new separate written agreement approved by the City Council of the City.
IN WITNESS WHEREOF,the parties hereto have executed this agreement on the date and year first
written above.
CITY
OFFEELGIN, a municipal corporation
�
BY�:72 .n.
Olufemi Folarin
Interim City Manager
Attest:
Delonna Mecum
City Clerk
ELGIN RECREATION CENTER
a not-for-profit co oration
By SI
Jo i S an
C •ir, : ►and of Directors
s Board President
\0 OF f(C'
\ti City of Elgin Agenda Item No.
L le• tra_
January 17, 2003 G Ft=
N - -
TO: Mayor and Members of the City Council AN�CURL�R�OPPORTUNITIES
FAR AI I rIT17FNC
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: 2003 Elgin Recreation Center 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 the
2003 Purchase of Service Agreement with the Elgin Recreation
Center.
BACKGROUND
The Elgin Recreation Center provides recreational and
educational programs to at-risk Elgin youth. The Center is
located at 1080 East Chicago Street . The Center is drop-in
based and also offers programs such as a bilingual summer school
program, weight training, tutoring, computer classes, GED
classes, art programs and more. Over 150 participants ranging
from ages 5 to 35 are served daily.
Under the Service Agreement, the City' s $200, 000 will be
utilized in the following manner: $124 , 000 will be used for rent
(108, 000) , utilities ($14 , 000) and administrator health
insurance ($2 , 000) ; $76, 000 will be used for gang intervention
programming including, but not limited to, a bi-lingual summer
school program. In exchange for this funding, the Elgin
Recreation Center will provide ongoing activities to at-risk
youth and offer a minimum of six cooperative programs with the
City Parks and Recreation Department as well as working
cooperatively with the City' s Gang Intervention Program
Supervisor to program community-wide activities. Included in
this year' s agreement is the provision for the City' s payment of
rent ($108, 000) to terminate in the event that Elgin Recreation
Center purchases the building at 1080 East Chicago Street . If
2003 Elgin Recreation Center PSA
January 17, 2003
Page 2
the City desires to provide financial assistance to The Elgin
Recreation Center to assist with mortgage payments, a new
separate written agreement would need to be approved by City
Council .
In 2002 , the following were among the many programs offered at
the Elgin Recreation Center: arts and craft classes, GED
program, computer training, bilingual summer school program,
indoor soccer, basketball, pre-employment skills training, after
school tutoring, pool trips, U-46 Fresh Start Program, and
programming for Gifford Street High School . Annually, Elgin' s
low income, at-risk youth spend approximately 102 , 000 hours at
the Elgin Recreation Center.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
INANCIAL IMPACT
ya.-7
Sufficient funds are budgeted and available in the 2003 Budget,
Riverboat Lease Fund, account number 275-0000-791 . 80-23 , in the
amount of $200 , 000 for support of The Elgin Recreation Center.
LE IMPACT
None.
ALTERNATIVES
1 . Approve the 2003 Purchase of Service Agreement with The Elgin
Recreation Center.
2 . Do Not approve the 2003 Purchase of Service Agreement with
The Elgin Recreation Center.
RECOMMENDATION
It is recommended that the City Council approve the proposed 2003
Purchase of Service Agreement with the Elgin Recreation Center
2003 Elgin Recreation Center PSA
January 17, 2003
Page 3
to provide $200 , 000 of funding toward youth gang intervention
programs .
Respectfully submitted,
Olufemi •
Interi'� C t' - -ager
MC
Attachment