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HomeMy WebLinkAbout04-20 Resolution No. 04-20 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF ELGIN 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 the Boys and Girls Club of Elgin for youth programs,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 11, 2004 Adopted: February 11, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum • Dolonna Mecum, City Clerk i i PURCHASE OF SERVICE AGREEMENT BETWEEN BOYS AND GIRLS CLUB OF ELGIN AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into this /nlfday of Fe t, , 2004, by and between BOYS AND GIRLS CLUB OF ELGIN,an Illinois not-for-profit corporation, (hereinafter referred to as the"Club") and the CITY OF ELGIN, a municipal corporation (hereinafter referred to as the"City"). WHEREAS, the City of Elgin, Illinois has determined it to serve a beneficial public purpose to discourage criminal activity through the promotion of alternative activities for minors and to be in its best interests to aid the promotion of such activities; and WHEREAS, the Boys and Girls Club of Elgin provides organized activity services to minors. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledges, the parties hereto hereby agree as follows: 1. The City shall pay to the Club the sum of$114,000 on or before March 19,2004.Prior to receipt of payment,and no later than January 31,2004,the Club shall provide a budget which shall reflect the projected distribution of funds received from the City during the term of the agreement. 2. The Club shall address all initial inquiries and requests made pursuant to this agreement to the City's Recreation and Facilities Superintendent. 3.The Club shall apply the aforementioned$114,000 for club operations throughout the year. 4.The Club shall provide two written reports detailing the disbursement of$114,000.These reports shall be provided to the City by May 31,2004 and December 31,2004,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. 5. Club shall provide City with financial statements relative to the organization's total operations. These statements shall be provided on or before July 31,2004 and December 31,2004. The Club shall provide to the City a year end audited financial statement prepared by an independent,certified public accountant,no later than March 31, 2004. 6. The City shall be recognized as a sponsor of the Club 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 Club 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, Club 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 or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Club'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. y 8. This Agreement shall terminate December 31, 2004. 9. This Agreement shall not be deemed or construed to create an employment, joint venture, partnership, or other agency relationship between the parties hereto. 10.In the event the program for which the City funds provided herein are to be applied is discontinued or Club ceases its operations prior to December 31,2004,Club shall refund to the City within fifteen(15) days notice, on a pro rata basis, funds paid hereunder for the portion of the year such program or its operations were not conducted. 11.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. 12. 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. 13. 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. 14.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 fill force and effect. 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: tiA-W.44---- Delonna Mecum City Clerk BOYS AND GIRLS CLUB OF ELGIN A not-f - it c ration By Eric Anderson, Executive Director - st �!� "� • City of Elgin Agenda Item No. '17ED E'' E '�,. ;;,. L 'a January 23, 2004 N � _. . TO: Mayor and Members of the City Council L L RECPEATIONAEISURE ANI7 CUL,UPAL AL Rrun."1"IF.S F.Ft A 1.L<::11I>1 NS FROM: David M. Dorgan, City Manager Monica Meyers, Parks and Recre ion Director SUBJECT: 2004 Boys and Girls Club of Elgin 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 2004 Purchase of Service Agreement with the Boys and Girls Club of Elgin. RECOMMENDATION It is recommended that the City Council approve the 2004 Purchase of Service Agreement with the Boys and Girls Club of Elgin for$114,000. BACKGROUND The Boys and Girls Club of Elgin opened its doors in November, 1993, and has provided recreational and educational programs to over 400 Elgin youth and teens, predominantly at-risk. The Club works directly with the Housing Authority of Elgin and the Parks and Recreation Department to offer a variety of programs at 355 Dundee Avenue. The Club is drop-in based and also offers coordinated programs such as tutoring and homework assistance, music lessons, field trips, anti-gang programs and more. The City's $114,000 is to be used for Club operations throughout the year. In 2003, the following are among the many programs that were offered: Computer literacy, homework assistance, choir, arts and crafts, Junior Leaders Program, Housing Authority of Elgin Outreach, Boy Scout activities, trip to Magic Waters Theme Park, participation in the Chicago Bulls Gatorade Basketball Clinic, NBA 2-ball competition, teen pool parties, teen Valentines Dance, 3 on 3 basketball team, swimming trips to Lords Park pool every Wednesday during the summer, and summer block party at the Boys and Girls Club COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. i P&R 2004 Boys and Girls Club PSA January 17, 2003 Page 2 yetiv FINANCIAL IMPACT The cost of the agreement with the Boys and Girls Club will total $114,000. Sufficient funds are budgeted and available ($114,000) in the 2004 Budget, Riverboat Fund, account number 275- 0000-791.80-30, to enter into this agreement. L GAL IMPACT None. ALTERNATIVES 1. Approve the 2004 Purchase of Service Agreement with the Boys and Girls Club of Elgin for$114,000. 2. Do not approve the 2004 Purchase of Service Agreement with the Boys and Girls Club of Elgin for$114,000. Respectfully submitted for Council consideration. MC Attachment