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Home My WebLink About04-22 Resolution No. 04-22 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 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: February 11, 2004 Adopted: February 11, 2004 Omnibus Vote: Yeas: 6 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 flit day of Feb, , 2004, by and between the Easter Seals Jayne Shover Center,Inc.,an Illinois not-for-profit corporation(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 provide a budget to the City by January 31, 2004, which shall reflect the projected distribution of funds received from the City during the term of this agreement. 3. The Center shall provide two written reports detailing the disbursement of any funds provided to Center by City pursuant to this agreement. These reports shall be tendered to the City Council by May 31, 2004 and December 31, 2004. 4. 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 20, 2004 and December 25, 2004. 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. 5. 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. 6. City shall provide funds to Center upon their request for payment at the close of each session of programming at a total sum of not more than $34,000 provided that the budget required by Paragraph 2 and the reports required by Paragraph 3 herein have been received and approved by the City. Said requests for payment shall only be provided for program participants who are residents of the City. 7. The Center shall provide to the City a year end audited financial statement prepared by an independent, certified public account, no later than November 31, 2004. 8. The City shall be recognized as a sponsor of Center and shall receive the benefits of sponsorship consistent with the level of support provided. At a minimum, the City's support shall be acknowledged in Center Annual Report and worldwide web page information. Samples of this acknowledgement shall be provided to the City for its approval. 9. 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. 10. 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. 11. 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.The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 12. This agreement shall commence on February 11, 2004 and terminate on December 31, 2004. 13. 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, 2004 the Center shall refund to the City within fifteen (15) days written notice, on a pro rata basis, 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. Such refund shall not be construed so as to constitute a waiver of any and all other rights or remedies which may be available to City by law. 14. 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 arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 15. 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. • 16. 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 �J By., David Dorgan City Manager Atte : Dolonna Mecum City Clerk EASTER SEAL JA SHOVER CENTER, By: Larry Narum It's President Attest: Secretary A" City of Elgin Agenda Item No. \c '4 D FE6;' .. : January 23, 2004 4 N A NI'�C.F.1.1 l L 1112,1 1LINIYI F:. TO: Mayor and Members of the City Council FOR ALL(➢L,I>kN5 FROM: David M. Dorgan, City Manager Monica Meyers,Parks and Recreation irector SUBJECT: 2004 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 the 2004 Easter Seals Jayne Shover Center Purchase of Service Agreement. RECOMMENDATION It is recommended that the City Council approve the Easter Seals Jayne Shover Center 2004 Purchase of Service Agreement to provide $34,000 towards special recreation services. BACKGROUND Since 1984, the City has worked with the Easter Seals Jayne Shover Center to provide quality recreation programs open to individuals of all ages with all types of disabilities. Easter Seals Jayne Shover offers special year-round activities. Throughout the year, the 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. Easter Seals Jayne Shover has approximately 600 Elgin participants in their programs on a yearly basis. They provide service to citizens with special needs more efficiently and effectively than could be provided by the Parks and Recreation Department. Payment is requested by the Easter Seals Jayne Shover Center at the end of each session of programs. The Center submits an invoice quarterly to the City. These requests are presented per program and detail the breakdown of program costs, transportation costs, supply costs, etc. Payment is then made based on the percentage of Elgin participants. Attached is a copy of a program request form. • P&R 2004 Easter Seals Jayne Shover PSA January 17, 2003 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Dk...INANCIAL IMPACT The total cost of this agreement with Easter Seals equals $34,000. There are sufficient funds budgeted and available i n the 2 004 Recreation Fund budget,M iscellaneous S ervices, a ccount number 296-5012-762.45-99 to enter into this agreement. j\avi.EGAL IMPACT None. ALTERNATIVES 1. Approve the 2004 Purchase of Service Agreement with Easter Seals Jayne Shover Center to provide$34,000 towards special recreation services. 2. Do not approve the 2004 Purchase of Service Agreement with Easter Seals Jayne Shover Center to provide $34,000 towards special recreation services. Respectfully submitted for Council consideration. me Attachment