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Home My WebLink About04-48 Resolution No. 04-48 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN RECREATION CENTER FOR A GANG INTERVENTION PROGRAM 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 Elgin Recreation Center for a Gang Intervention Program,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: February 25, 2004 Adopted: February 25, 2004 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 544 day of(}k( rout. ,2004,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 has determined it is in the best interests of the City 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 financial 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 2003. Now, therefore, in consideration of the mutual promises and covenants contained herein, the sufficiencyof which is hereby mutually 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, 2004, which shall reflect the projected distribution of funds received from the City during the term of this agreement. 3. The City shall pay to ERC the sum of$108,000 to be used for rent. Payment for rent shall be made directly to the facility owner in accordance with the ERC lease agreement. ERC shall provide City with a copy of any and all applicable leases for the subject facility located at 1080 East Chicago Street, Elgin, Illinois. 4. The City shall pay$44,000 to ERC for gang intervention programming,including but not limited to, a summer school program. Payment to ERC shall be made in two equal installments of$22,000 in February and August provided that the budget required by section 2 and the reports required by section 5 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 31,2004,September 30,2004,and December 31,2004,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 31,2004 and December 31,2004.ERC shall also provide to the City a year end audited financial statement prepared by an independent,certified public accountant,no later than June 30, 2004. 7. The City shall be recognized as a sponsor of ERC and shall receive the benefits of sponsorship consistent with 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. 8. 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/or expiration of this agreement. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. This agreement shall not be construed to create a partnership,joint venture,employment or other agency relationship between the parties hereto. 15. This Agreement shall be in full force and in effect until December 31, 2004. 16. 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 31,2004,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. 17. 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 3 hereof in the amount of$108,000 shall terminate as of the date 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 OF ELGIN,a municipal corporation By David Dorgan City Manager Attest: .64411A14.H111�CGl � Delonna Mecum nn City 1 r•, (" t,e / Ib2Q� k� Ful ELGIN RECREATION CENTER a not-for-profit corporation ' ,ten . J Jarrig Visser ()hair,Board of Directors Its Board President .4011110 0OFely 0 ti City of Elgin Agenda Item No. IF ti� E 44,,,- ''1TED 1F' t IP. L rid January 23,2004 G - ;. N _. _ TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANO CULTURAL OPPC/RTUNI'I IEeS FOR ALI.CITI7ENG FROM: David M. Dorgan, City Manager Monica Meyers, Parks and Recre 'on Director SUBJECT: 2004 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 a 2004 Purchase of Service Agreement with the Elgin Recreation Center. RECOMMENDATION It is recommended that the City Council approve the 2004 Purchase of Service Agreement with The Elgin Recreation Center to provide $152,000 of funding toward youth gang intervention programs. 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 $152,000 will be utilized in the following manner: $108,000 will be used for rent of the facility at 1080 East Chicago Street and $44,000 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 work cooperatively 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 the City desires to provide financial assistance to The Elgin Recreation Center to assist 40% P&R 2004 Elgin Recreation Center PSA January 23, 2004 Page 2 with mortgage payments, a new, separate, written agreement would need to be approved by City Council. In 2003, 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 110,000 hours at the Elgin Recreation Center. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. (-aim FINANCIAL IMPACT GThe cost of the agreement with Elgin Recreation Center will total $152,000. Sufficient funds are budgeted and available ($152,000) in the 2004 Budget, Riverboat Fund, account number 275- 0000-791.80-23, to enter into this agreement. ffpty LEGAL IMPACT None. ALTERNATIVES 1. Approve the 2004 Purchase of Service Agreement with The Elgin Recreation Center to provide $152,000 of funding toward youth gang intervention programs. 2. Do not approve the 2004 Purchase of Service Agreement with The Elgin Recreation Center. Respectfully submitted for Council consideration. MC Attachment •