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Home My WebLink About05-70 Resolution No. 05-70 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 Olufemi Folarin,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: March 9, 2005 Adopted: March 9, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • PURCHASE OF SERVICE AGREEMENT BETWEEN BOYS AND GIRLS CLUB OF ELGIN AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into this f yr/ day of /di A#e c4-4 , 2005, 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 acknowledged, the parties hereto hereby agree as follows: 1. The City shall pay to the Club the sum of$114,000 on or before April 1, 2005. Prior to receipt of payment,and no later than February 28,2005,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 solely 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 31,2005 and December 31,2005,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 31,2005 and December 31,2005. 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, 2005. 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. 8. This Agreement shall terminate December 31, 2005. 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 • 1 shall refund to the Citywithin fifteen(15)days or Club ceases its operations prior to December 31,2005,Club Y 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. 15. Time is of the essence of this agreement. 16. In the event of any breach by Club,City may terminate this Agreement upon Club's failure to cure upon 15 days written notice from City, and Club shall refund any payments made to City on a pro rata basis within fifteen (15) days of written demand following such failure to cure. 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 • Olufemi Fo rfn City Manage Attest: Delonna Mecum City Clerk BOYS AND GIRLS CLUB OF ELGIN A not- .r r fit cor ration Eric Anderson, Executive Director f c..( OF el0i ¢� — City of E Ig i n Agenda Item No. I II '43TEDFE�'• L February 18,2005G N � TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANO CULTURA. OP PO RTIJ NITI FS FOR A L L(-I 16.7ENS FROM: Femi Folarin, Acting City Manager Randy Reopelle, Park and Recreatio Director SUBJECT: 2005 Boys and Girls Club of Elgin Purchase of Service Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider the 2005 Purchase of Service Agreement with the Boys and Girls Club of Elgin. RECOMMENDATION It is recommended that the City Council approve the 2005 Purchase of Service Agreement with the Boys and Girls Club of Elgin in the amount of $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, many of whom are 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 their 355 Dundee Avenue site. The Club is predominantly drop-in based,but also offers pre-registration programs. The City's $114,000 is to be used for Club operations throughout the year. The Boys and Girls Club offered the following programs during 2004: 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, summer swimming trips to Lords Park pool every Wednesday, and a summer block party at the Boys and Girls Club COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 1 ir Subject: 2005 Boys and Girls Club of Elgin Purchase of Service Agreement Date: February 18, 2005 Page 2 0111i1L-FINANCIAL IMPACT There are sufficient monies budgeted and available in account number 275-0000-791.80-30, Riverboat Fund, in the amount of $114,000 to fund the Purchase of Service Agreement with Boys and Girls Club of Elgin. we GAL IMPACT None. ALTERNATIVES 1. Approve the 2005 Purchase of Service Agreement with the Boys and Girls Club of Elgin for$114,000. 2. Do not approve the 2005 Purchase of Service Agreement with the Boys and Girls Club of Elgin for$114,000. Respectfully submitted for Council consideration. me