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HomeMy WebLinkAbout07-29 Resolution No. 07-29 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: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into thisll"\ day of -e, jj�ua( , 2007, by and between the CITY OF ELGIN, Illinois, a municipal 4orporation (hereinafter referred to as the "City" ) , and BOYS AND GIRLS CLUB OF ELGIN , a not-for-profit corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the "Service Provider" ) . WHEREAS, the City has determined that it would serve a beneficial public purpose to enter into an agreement with the Service Provider for the Service Provider to provide certain contract services as described in this agreement ; and WHEREAS, the Service Provider represents that it has the necessary expertise and experience to furnish the Subject Services upon the terms and conditions set forth in this agreement . 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 Service Provider shall provide all of the services pursuant to the terms and conditions and on the dates and times as described in the document entitled Boys and Girls Club of Elgin- Scope of Services for 2007 Purchase of Service Agreement, attached hereto as Exhibit A and made a part hereof (such services including the terms, conditions, dates and times are hereinafter referred to as the "Subject Services" ) . In the event of any conflict between the provisions of this agreement and the provisions in Exhibit A, the provisions of this agreement shall control . The Service Provider represents and warrants that the Service Provider has the skills and knowledge necessary to conduct the Subject Services provided for in Exhibit A and that the Subject Services set forth in Exhibit A are integral parts of this agreement and may not be modified, amended or altered except by a written amendment to this agreement agreed to and executed by both parties hereto. 2 . The Service Provider shall address all inquiries and requests made pursuant to this agreement to the Assistant City Manager of the City or his designee . 3 . In connection with the Subject Services to be performed on other than City properties, the Service Provider warrants and agrees to maintain all facilities and equipment used in the performing of the Subject Services in a clean, sanitary and safe condition and free from defects of every kind whatsoever. Service Provider agrees and warrants that the Service Provider will periodically inspect all of such facilities and equipment for such purposes . Service Provider also warrants that the Service Provider and the Service Provider' s facilities and equipment used in the performing of the Subject Services are not now, nor shall be during the term of this agreement in violation of any health, building, fire or zoning code or regulation or other applicable requirements of law. In connection with the Subject Services on properties owned or controlled by the City, Service Provider agrees and warrants to use, and to cause persons participating in the Subject Services to use, through proper supervision and control , all facilities with due care, and to report all defects in or damage to any such facilities, and the cause thereof, if known, immediately to the Assistant City Manager of the City. 4 . The City shall reimburse the Service Provider for the Subject Services under this agreement the total amount of One Hundred Fourteen Thousand Dollars ($114 , 000) . Such payment by the City to the Service Provider shall be made in one installment of One Hundred Fourteen Thousand Dollars ($114 , 000) . The first aforementioned installment payment shall be made within thirty days of the date of this agreement . 5 . The Service Provider shall apply the monies to be paid by the City to the Service Provider pursuant to the proceeding paragraph hereof solely to operating expenses such as staff salary and benefits, meeting expenses, and expenses associated with the Subject Services to be provided by the Service Provider pursuant to this agreement . 6 . The Service Provider shall complete, maintain and submit to the Assistant City Manager of the City, or his designee, any and all records, reports and forms relating to the Subject Services in this agreement as requested by the City. Without limiting the foregoing, the parties further agree as follows : A. The Service Provider shall provide a budget to the City which shall reflect the projected distribution of funds received from the City pursuant to this agreement during the term of this agreement . The budget shall be submitted to the Assistant City Manager of the City prior to any payment by the City. B. The Service Provider shall provide written performance reports detailing the disbursements of the monies to be paid by the City to the Service Provider pursuant to this agreement . The reports shall be provided to the City -2- quarterly on March 31, 2007; June 30, 2007 ; September 30 , 2007; and December 31 , 2007 . C. The City has the right to review all accounting records of the Service Provider related to the use of the monies to be paid by the City to the Service Provider pursuant to this agreement upon 72 hours advance notice from the City to the Service Provider. D. The Service Provider shall have an audit performed on its financial statements for the year ending December 31, 2006 . The audit must be performed by an independent certified public accountant recognized in good standing by the American Institute of Certified Public Accountants and licensed in the State of Illinois . The Service Provider shall provide the City with two copies of the said audited financial statement along with the management letter and any other correspondence related to internal control matters on or before July 15, 2007 . These statements shall be submitted to the Assistant City Manager at City Hall, 150 Dexter Court, Elgin, Illinois 60120-5555 . 7 . In the event this agreement is terminated, or in the event the Subject Services for which the City funds provided herein are to be applied are discontinued, or the Service Provider ceases its operations prior to December 31, 2007, the Service Provider shall refund to the City on a prorated per diem basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year the Subject Services were not conducted. 8 . Service Provider agrees and warrants that the Service Provider has procured all licenses, permits or like permission required by law to conduct or engage in the Subject Services provided for in this agreement, and that the Service Provider will procure all additional licenses, permits or like permission hereinafter required by law during the term of this agreement, and that the Service Provider will keep same in full force and effect during the term of this agreement . Service Provider shall perform the Subject Services with due care and in compliance with all applicable legal requirements . 9 . The City of Elgin shall be recognized as a sponsor of the Service Provider and shall receive the benefits of sponsorship -3- consistent with the level of support provided in this agreement . At a minimum, the City' s support shall be acknowledged on all print materials promoting the Service Provider' s organization, press releases, radio advertising, web page information and event program(s) through the following mandatory funding identification statement : "Funding for the organization is provided in part through the City of Elgin" . Three samples of this acknowledgement shall be provided to the City. A logo provided by the City to the Service Provider shall be used for this purpose . 10 . In all printed materials in which a City seal or logo is deemed appropriate, approval by the Public Information Officer of the City is required prior to printing. 11 . The term of this agreement shall commence from the date of the execution hereof and continue through December 31, 2007 . 12 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. Service Provider understands and agrees that the relationship of the Service Provider to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the Service Provider and the Service Provider' s officers, employees and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 13 . If either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other art has the right to seek administrative party contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the agreement, the other party may terminate this agreement . Notwithstanding the foregoing, or anything else to the contrary in this agreement, no action shall be commenced by the Service Provider against the City for monetary damages . In the event any legal action is brought by the City for the enforcement of any of the obligations of the Service Provider in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the Service Provider reasonable interest and reasonable attorney' s fees . 14 . Notwithstandinganyotherprovision hereof, the Citymay terminate this agreement at any time upon thirty (30) days prior written notice to the Service Provider. In the event this agreement is so terminated, the Service Provider shall be paid for -4- services actually performed, and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not in any event exceed the total amount set forth under paragraph 4 above. Additionally, in the event this agreement is so terminated, the Service Provider shall immediately cease the expenditure of any funds paid to the Service Provider by the City and shall refund to the City any unearned or unexpended funds . 15 . To the fullest extent permitted by law, Service Provider agrees to indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney' s fees, damages or other relief, including but not limited to worker' s compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Service Provider in connection herewith, including negligence or omissions or agents of the Service Provider arising out of the performance of this agreement and/or the Subject Services . 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 expiration and/or termination of this agreement . 16 . The Service Provider shall provide, pay for and maintain in effect, during the term of this agreement, comprehensive automobile liability insurance covering all owned, non-owned and hired motor vehicles used in connection with the Subject Services with limits of not less than $500, 000 per occurrence for damages to persons or property. The Service Provider shall also provide, pay for and maintain in effect, during the term of this agreement, worker' s compensation insurance in amounts required under the laws of the State of Illinois . At the request of the City the Service Provider shall provide to the City certificates of insurance regarding the insurance required in this paragraph. 17 . 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 . 18 . In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, -5- layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 19 . No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the City. 20 . The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . 21 . This Agreement and its exhibits constitutes 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 . Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof . 22 . This Agreement shall be deemed to have been made in, and shall be construed in accordance with 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 . 23 . The Service Provider certifies hereby that it is not barred from bidding on a public contact as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 24 . As a condition of this contract, the Service Provider shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor ' s internal complaint process including penalties; -6- E . the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act . A copy of the policies must be provided to the Department of Human Rights upon request (775 ILCS 5/2-105) . 25 . All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail , postage prepaid, addressed as follows : As to the City: As to Service Provider: City of Elgin Boys and Girls Club of Elgin 150 Dexter Court 361 Hickory Place Elgin, IL 60120-5555 Elgin, IL 60120 Attention: Sean Stegall Attn: Rose Reinert Assistant City Manager Executive Director With a copy to : William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 26 . This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the Service Provider and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 27 . This agreement shall be binding on the parties hereto and their respective successors and permitted assigns . This agreement and the obligations herein may not be assigned by the Service Provider without the express written consent of the City which consent may be withheld at the sole discretion of the City. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement on the date and year first written above . -7- CITY OF ELGIN, a municipal Boys and Girls Club of Elgin corporation By \ By "tt ' ' 1 Ci nager ' Executive Director Attest : (ILL Alosst City Clerk .ciA214/1 -8- EXHIBIT A Boys and Girls Club of Elgin- Scope of Services 2007 Purchase of Service Agreement The Boys & Girls Club of Elgin shall inspire and enable all young people, especially those from disadvantaged circumstances, to realize their full potential as productive, responsive and caring citizens through outreach efforts and programs targeted to provide a safe place for children to learn and grow, to provide ongoing relationships with caring, adult professionals, to offer life- enhancing programs and character development experiences, and to create hope and opportunity in our members' lives . 1 . Youth development services provided under this purchase of service agreement include the following: after-school programming for children between 5- and 18-years-old (see paragraph two for core program areas and paragraph three for specific programs) ; community outreach for membership purposes; and family nights focused on educational opportunities in areas identified in the community needs assessment . 2 . The Boys and Girls Club of Elgin shall offer programs under the following core program areas : Education & Career Development; Health and Life Skills; Character Leadership Development; The Arts; and Sports, Fitness and Recreation. 3 . The Boys and Girls Club of Elgin will focus city funding on the Dundee Avenue Clubhouse and the operating expenses of the Club. Operating expenses include all of the following budget expense classifications found in the United Way of Elgin' s budget worksheets : salaries, benefits, payroll taxes, professional fees, office supplies, program supplies, postage, telephone, occupancy, equipment rental & maintenance, printing & publications, travel , conferences & meetings, assistance to individuals, membership dues, awards & grants, fees & charges, insurance, payment to affiliate organizations, other expenses, depreciation, and fundraising expenses . The following programs at the Dundee Avenue clubhouse will primarily be targeted for support from this purchase of service agreement : Power Hour, Project Learn, Career Launch, Money Matters, Goals for Graduation, Smart Moves, Smart Girls, Street Smart, Passport to Manhood, World of Difference, Real Men Cook, Girls Cooking, Teen Chat, Kids In Control, Cavity Free Zone, Torch Club, Keystone Club, Junior Staff, General Arts & Crafts, Choir, Drill Team, Games Room, Basketball , Fitness Fanatic, Swimming, Skill Tech, MovieTech, Music Tech, WebTech, Net Smartz, and Cyber Café . If additional grant monies or fundingis received for programs specific to the Dundee Avenue Clubhouse, funds may be -9- allocated to additional, under funded programs either at the Dundee Avenue clubhouse, Ellis Middle School , or Larsen Middle School . F:\Recreation\PSA Agreements\Boys and Girls Club\Boys and Girls Club PSA Agreement 2007.doc -10- BOYS AND GIRLS CLUB OF ELGIN, INC. FINANCIAL STATEMENTS YEAR ENDED DECEMBER 31, 2005 AND 2004 CONTENTS PAGE Independent Auditor's Report 9 Statements of Financial Position 2 Statements of Activities and Changes In Net Assets 3 Statements of Functional Expenses 4-5 Statements of Cash Flows 6 Notes to Financial Statements 7-12 MICHAEL C. WALSH & ASSOCIATES, P.C. CERTIFIED PUBLIC ACCOUNTANTS Michael C. Walsh, C.P.A. 1595 Weld Road Brenda L. Reynolds, C.P.A. Elgin, IL 60123 (847)695-2700 200 Hillcrest Avenue Yorkville, IL 60560 (630) 553-6566 Independent Auditor's Report The Board of Directors • Boys and Girls Club of Elgin, Inc. Elgin,IL 60120 We have audited the accompanying statement of financial position of Boys and Girls Club of Elgin, Inc. (a not for profit corporation) as of December 31, 2005 and 2004, and the related statements of activities and changes in net assets,functional expenses and cash flows for the years then ended. These financial statements are the responsibility of the Organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit Includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also indudes assessing the accounting principles used and significant estimates made by management,as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our • opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Boys and Girls Club of Elgin, Inc_ as of December 31, 2005 and 2004, and the changes in its net • assets and cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. • Elgin,Illinois February 15,2006 -1- BOYS AND GIRLS CLUB OF ELGIN, INC. STATEMENTS OF FINANCIAL POSITION DECEMBER 31,2005 AND 2004 2005 2004 ASSETS Current Assets: Cash and cash equivalents $ 272,667 $ 178,243 Grants receivable(Note 9) 17,873 27,974 United Way pledge receivable 20,000 15,000 Capital Campaign pledge receivable, current portion(Note 11) 30,700 - Other pledges receivable 5,146 1,805 Prepaid expenses 6,715 3,248 Total Current Assets 353,101 226,270 Noncurrent Assets: Cash restricted-Capital Campaign fund (Note 11) 39,890 - Cash restricted-Endowment Fund (Note 8) 10,687 8,587 Capital Campaign pledge receivable, non-current portion (Note 11) 357,136 - 407,713 8,587 Property and Equipment:(Notes 1 and 3) Land 70,000 70,000 Building and building improvements 219,541 219,541 Equipment 61.957 61,957 Vehicle 22,294 22,294 Accumulated depreciation (98,987) (84,994) 274,805 288,798_ Property held for expansion 92,749 92,749 Total Assets $ 1,128,368 $ 616,404 LIABILITIES AND NET ASSETS Liabilities: Accounts payable $ 2,241 $ 12,002 Accrued expense 11,138 9,057 Refundable advanr.e (Note 6) - 15,611 Deferred revenues 21,390 1,320 Payroll taxes payable 4,134 5,952 Mortgage payable(Note 3) 113,135 113,135 152,038 157,077 Long-term debt: Mortgage payable(Note 3) 75,000 75,000 Net Assets: Unrestricted 449,535 343,951 Temporarily restricted 441,108 31,789 Permanently restricted 10,687 8,587 Total Net Assets 901,330 384,327 Total Liabilities and Net Assets $ 1,128,368 $ 616,404_ The accompanying notes are an integral part of this financial statement. -2- r BOYS AND GIRLS CLUB OF ELGIN,INC. STATEMENTS OF ACTIVITIES AND CHANGES IN NET ASSETS YEARS ENDED DECEMBER 31,2005 AND 2004 _ 2065 2004 Temporarily Permanently Temporarily Permanently Unrestricted Restricted Restricted Total Unrestrlctod Restricted Restricted Total Revenues and other support: Contributions: United Way $ 39,998 - • 38.898 30,000 - - 30,000 Campaign for lads 67,496 - - 67.498 57,061 1,000 58,061 Private Foundations 56,550 2,100 58.650 41,150 7,930 980 50,040 Elgin Courier News(In-Kind) 23,716 - - 23.716 20,563 • - 20,563 Donated building(In-Kind) 355 Dundee Ave(Nato 4) - - • - 145,000 - 145,600 Other On-Kind$16,416 for 2005) 49,095 - • 49,095 44,661 - - 44,661 Capital Campaign:(Note 11) Pledge income - 457,500 - 457,500 - - - - Campaign expense (29,773) • - (29.773) - - - - Grants: Teen Roach Grant 69,952 - - 69,952 83,228 - - 83,228 Grand Victoria Foundation - - - - 25,000 15.000 • 40,000 IL Dept of Commerce-Economic Opportunity 15,511 - - 15,611 21,5134 - - 21.584 IL Board of Education 21st Century 151,035 - • 151,035 37,501 - - 37,501 Micro SoftSoftwero(In•Klnd) - - - - 45.337 - - 45,337 City of Elgin Purchase of Service Contract(Note 2) 114.000 - - 114,000 114,000 - - 114,000 Community Development Grant 13,460 - - 13,480 11,520 - - 11,520 Elgin Township 5,000 5,000 - 10,000 - - _ _ Membership Duos(In-}0nd 31,750 for 2005) 4,719 - 4,719 2,078 - - 2,875 Fund Raising: Duck Race: Revenue 230.648 - 230,948 180,074 • - 180,074 F_xpenso(In-Kind$137,150 In 2005,599,052 in 2004) (178,084) - - (176,084) (134,802) - - (134,802) Golf Outing: Revenue 45,447 - - 45,447 15,790 - - 15,780 Exponso(ln-Und$5,500 In 2005) (21,044) - - (21,044) (4,709) • - (4,709) Annual Dinner, Revenue 37.035 - - 37,035 28,631 - 26,631 Epense (8,495) - - (8,495) (7,518) - - (7,518) Investment Income 2,671 92 - 2,963 932 48 981 Not Assets Released from Restrictions Expiration of Time 53,273 (53273) - - - 20,000 (20,000L _ - - Total Revenue and Other Support 745,632 409,319 2,100 1,156,251 775,776 3,976 960 780,715 Exronses Program Sor.1cea 483,005 - - 483,005 455,323 - - 455,323 Genera)Administrative 53,622 53,622 58,548 - 58,548 Fund Raising 104.621 - - 104,621 84,543 - - 84,543 Total Expensos 641,248 . 641,248 598,414 - - 598,414 Change ln Net Assets 105,5134 409,319 2,100 517,003 177,382 3,979 850 182,301 NetAssot.beginning of year 343,951 31,769 8,587 384,327 166,569 27,810 7,627 202,026 NetAssote,and of year 5 449,535 441,108 10,687 901,330 343 951 r 31,788 8,587 384,327 The accompanySng nolee are an Integral part of this financial statement. -3- BOYS AND GIRLS CLUB OF ELGIN, INC, STATEMENT OF FUNCTIONAL.EXPENSES YEAR ENDED DECEMBER 31,2005 Education Health Character& Sports E41s Larsen Career &Life Leadership The Flames& Technology Middle Middle Total General& Fund Development Skills Development Arts Recreation Programs School School Programs Administration Raising Total Expenses: Direct Expense Porsonnol Salaries $ 29,978 8,042 4,304 15,952 38,596 27,105 27.821 82,364 243,962 31,772 51,165 326,919 Employee Benefits 3,612 959 508 1,860 4,460 2,060 1,659 3,099 18217 2,801 6,182 27,200 PayrollTaxos 3,468 1,083 496 1,808 4,291 3,534 3,952 13,817 32,269 3,628 5,150 41,048 Prog'amSupplies 18 299 557 170 153 5,638 1,056 43,411 51,300 (320) 18,875 67,855 Travel-Larson Bus - - - - • - - 7,849 7,849 - • 7,849 Awards&Grards • - - - - - - - • 1,750 - 1,750 interest, Foes&Charges - 85 - - - - - - 65 1,433 335 1,853 Conforoncos&Mootings - - - - - - • - - - 18,430 18,430 Professional Foes • - - - - - - - • 45,373 45,373 Postage - - - - - - - • - 3,845 3,845 Printing • - - - - - - - - - 1,919 1,919 Insurance - - - - - - - - • 2,500 2,500 Other Expense - • - - - - - - 1,604 1.804 In Kind Expenses - - - • - - - - - 158,365 186.368 Fund Raising Expense • - - - - - - - - - 4.483 4,483 Total Direct 37,098 10,468 5,865 19,760 47,500 38.335 34.288 160,340 353,1382 41.085 324,447 719,194 indirect Professional Fees 1,726 1,720 1,726 1,726 1,658 1,579 1,472 1,990 13,801 1,320 1,430 18,351 Offtco Supplies 349 349 348 349 335 320 298 403 2,752 288 291 3,311 Program Supplies 310 310 310 310 298 284 264 358 2,444 237 257 2,836 Postago 302 302 302 302 290 278 257 348 2,379 231 250 2,860 Telephone 276 278 276 276 265 253 236 318 2,178 211 230 2,617 Occupancy 2,405 2,405 2,405 2,405 2,309 2,202 2,051 2,774 18,958 1,841 1,998 22,793 Equl pment Rental& Maintenance 656 658 656 656 630 601 580 757 5.172 504 545 8221 Printing&PubiicaUons 748 748 748 748 719 685 639 883 5.898 573 624 7,095 Travel 1.652 1,652 1,652 1,652 1,585 1,512 1A09 1,905 13,019 1,265 1.387 15,651 Conferences&Meetings 690 689 690 691 681 631 588 795 5.435 527 569 6,531 Assistonce to individuals 1,873 1,673 1,673 1,073 1,604 1,530 1.426 1.928 13.180 1,280 1,380 15,840 Mombership Dues 216 216 216 216 207 188 184 249 1,702 167 181 2,050 Insurance 2,560 2,560 2,560 2,561 2,457 2,343 2,182 2,951 20.174 1,960 2,118 24,252 Payments to Altltated Org. 686 688 686 886 658 627 584 790 5,403 525 568 8,484 Other Expense 584 584 584 585 561 535 498 674 4,605 448 486 5,539 Advertising 06 96 96 96 93 88 82 111 758 74 82 814 De pc 1,478 1,478 1,478 1.478 1,422 1,.51 1275 1,709 11.669 1,128 1,198 13,993 Total Indirect Expenses 16,407 16,4013 18,407 18,410 15,750 15.015 14,005 18,923 129.323 12,557 13,570 155,450 Total Expenses 53,503 26.874 22,272 36200 63,250 53,350 48,293 179283 433,005 53,622 338,017 874,644 Fund Raising Expenses Included In Revenue Section of Statement of ActiviUes - - - - - - - - - (233,398) (233,396) 53,503 28,874 22,272 38,200 63,250 53,350 46,293 179,263 483.005 53,622 104,621 641,248 I The accompanying notes are an Integral part of this financial statement. -4- BOYS AND GIRLS CLUB OF ELGIN,INC. . STATEMENT OF FUNCTIONAL EXPENSES YEAR ENDED DECEMBER 31,2004 EducatIon Health Character 8 Sports Ells Larsen Greer &Uro Leadership The Fitness& Tecttinolopy Middle Middle Total General& Fund Devefgment Skills Development Ale Re/crea'lon Programs Schad School Programs AdminfaCm8on noising Total F1rrnAC9. _ ..• Direct aperue Professional Feos S - - • 130 - - 130 938 17.531 19,599 program Supplies 5.631 1,570 1,890 2.018 2,433 873 1,208 15.623 50 11,303 26,976 Portage - - - - - - • - - 184 3,989 4,173 Printing&Publications - - - - - - • 589 4,195 4,784 Travel 394 - 606 • - - - 760 1,760 89 - 1,869 Co erences&Meetings - - 348 - 526 - • - 874 1,094 9,657 11.625 AsIStaecetofrloMduela 34 34 34 34 32 32 • - 200 • - 200 Awards&Grants - - - - - - - - 1,750 . 1,750 Interest.Fees.&(Merges - - - - - - 337 • 307 insurance - - - - - - - - • 2.500 2,500 Other Expense - - - - • 760 - - 780 -194 1,774 2,300 In Kind Epensce 3.703 7,344 2,203 2,203 4,408 39,041 7.030 - 65.000 - 101,339 167,239 Total Direct 9,782 8,948 5,081 4,255 7.397 40,856 6.208 780 85,287 4,807 152,288 242-332 Indirect - Se'arlos 28,684 19,121 6,687 16,906 42,240 33,329 27,004 17,222 191,373 31,575 50,118 270.064 Employee Benefits 1,994 2,536 921 1.813 3,703 1,415 220 208 12.818 2,527 3,169 13.512 Payroll Tam 2,494 2,594 881 1,982 4,535 3,878 4,114 2,638 22.896 3,459 7,575 33,930 Professional Fees 4,058 4,083 4.058 4,059 3,969 3,914 2,654 1,945 28.720 3,659 1,875 34,054 Office Supplies 149 152 148 149 144 144 84 20 990 112 50 1.152 Program Supplies 1,083 1,063 1.083 1,063 1,007 902 6 20,454 26,621 32 59 20,712 Postage 201 289 281 281 276 268 167 41 1.882 246 120 2.268 Telephone 422 437 422 422 412 401 254 128 2.898 420 227 3.554 Occupancy 842 842 838 838 821 773 265 128 5.347 2,739 2,750 10,638 Ear:'p Rental&Maintenance 1,265 1,307 1,265 1,265 1,239 1,207 793 313 8,654 1,244 1.990 11.888 Printing 8 Publications 707 777 707 707 698 652 498 104 4,850 723 424 5.997 Travel 1.274 1,299 1,267 1,267 1,235 1.170 612 154 8,278 733 1,311 10.322 Confer ices 8 Meetings 873 675 873 073 847 618 243 159 4.381 512 316 5.191 MemborrNp Dues 205 217 205 205 203 195 166 38 1,432 255 212 1,959 insurance 2.617 3,001 2,817 2,017 2,773 2,697 2,048 298 19,266 2,541 1,139 22,946 Payments to Aft.Org. 703 705 703 703 , 703 704 7172 - 4,923 845 291 5,859 Other Eopansa 788 811 788 788 771 667 383 115 5,114 812 228 6,154 Advertising 128 129 128 128 128 81 49 at 812 49 366 1,227 Depreciation 2,765 2,812 2.723 2,723 2,684 2.668 1.832 018 18,803 1,429 1304 21.538 Totallndlrect Expenses 51,512 42,830 28,535 38,769 68.180 55,481 42,103 44.518 370,036 53,741 79.384 50 161 Total Expenses 61.274 51,778 31,616 43.044 75,585 96.337 50.311 45,398 455,323 56,548 231,872 745,543 Fund Raising Expenses Included In Revenue Section of Statement ofActMl1es - - • - - - - (147,129) (147,120) 81,274 51,778 31,616 _ 43,044 75,565 86,337 50,311 45.398 455,323 58,548 84,543 598.414 _ • The accompanying notes are an Integral part of this financial statement. BOYS AND GIRLS CLUB OF ELG1N, INC. STATEMENTS OF CASH FLOWS DECEMBER 31,2005 AND 2004 2005 2004 Cash Flows from Operating Activities: Change in net assets $ 517,003 $ 182,301 Adjustment to reconcile change in net assets to net • cash provided (used) by operating activities: Depreciation and amortization 13,993 21,537 Increase in In-Kind donations of property (Note 4) - (160,230) (Increase)Decrease in: Pledges receivable (396,177) 16,590 Grants receivable 10,101 (24,974) Prepaid expenses (3,467) (642) Increase (Decrease) in: Accounts payable (9,761) 10,214 Accrued expenses 2,081 3,516 Refundable advances (15,611) (21,584) Deferred revenue 20,070 (2,880) Payroll liabilities (1,818) 1,786 Cash provided by(used) in operating activities 136,414 25,634 Cash Flows from Investing Activities: Purchase of: Property held for expansion - (2,519) Building and building improvements - (75,000) Equipment - Cash provided by(Used) in investing activities -- (77,519) Cash Flows from Financing Activities: Capital campaign funds (39,890) - Contributions to endowment fund (2,100) (960) Mortgage loan proceeds - 75,000 Principal payments-mortgage - (465) Cash provided by (used)in financing activities (41,990) 73,575 -_ Net increase (decrease) in cash and cash equivalents 94,424 21,690 Cash and cash equivalents-beginning of year 178,243 158,553 Cash and cash equivalents-end of year $ 272,667 $ 178,243 The accompanying notes are an integral part of this financial statement. -6- BOYS AND GIRLS CLUB OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2005 AND 2004 NOTE 1 —NATURE IF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of activities: Boys and Girls Club of Elgin, Inc. (the Organization) is an Illinois not-for-profit organization whose mission is to inspire and enable all young people,especially those from disadvantaged circumstances, to realize their full potential as responsible and caring citizens. The Organization primarily services the Elgin area. The Organization is affiliated with Boys and Giris Club of America (BGCA) a national organization devoted to working with at-risk youth. Summary of significant accounting policies: The following is a summary of significant accounting policies applied by management in the preparation of the • accompanying financial statements. Use of estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues, gains and expenses during the reporting period. Actual results could differ from those estimates. Basis of accounting: The financial statements of the Organization have been prepared using the accrual basis of accounting and accordingly reflect all significant receivables, payables ad other liabilities. Contributions received and unconditional promises of support are measured at their fair values and are reported as increases in net assets. Pledges receivable also include conditional promises of support where the condition has been met Expenses are recorded when incurred. Basis of presentation: Resources are classified for accounting and reporting purposes into three net asset categories,according to externally(donor) imposed restrictions. The organization distinguishes between contributions received for each net asset category in accordance with donor-imposed restrictions. A description of the three net asset categories follows: Permanently Restricted Net Assets — Net assets subject to donor-imposed stipulations that they be maintained permanently by the Organization. Temporarily Restricted Net Assets—Net assets subject to donor-imposed stipulations that may or will be met by the actions of the Organization and/or the passage of time. Unrestricted Net Assets— Net assets that are not subject to donor-imposed stipulations. Revenues are reported in unrestricted net assets unless use of the related assets is limited by donor-imposed restrictions. Expenses are reported as decreases in unrestricted net assets. Gains and losses on investments and other assets are reported as increases or decreases in unrestricted net assets unless their use is restricted by explicit donor stipulation or by law. -7- • BOYS AND GIRLS CLUB OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2005 AND 2004 NOTE 1 --NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Cont) Expiration of temporary restrictions on net assets (i.e., the donor-imposed stipulated purpose has been fulfilled or the stipulated time period has elapsed) is reported as reclassifications between the applicable classes of net assets. Property and equipment Property and equipment are recorded at cost, if purchased, at fair market value at the date of receipt Depreciation is provided on a straight-line basis over the estimated useful lives of the respective assets. Income Taxes: • The Organization is a tax-exempt organization under section 501c (3) of the Internal Revenue Code, accordingly there is no provision for federal or state income taxes. Cash and cash equivalents: Cash and cash equivalents consist of cash held in checking and savings accounts. Accounts are maintained at a local bank where deposits are insured up to $100,000 by the FDIC_ At times during the year the Organization maintained balances in excess of the insured limits. The Organization does not consider these balances to be exposed to any significant credit risk. Risk Management: Significant losses are covered by commercial insurance. There have been no significant reductions in insurance coverage. Settlement amounts,if any, have not exceeded insurance coverage for the current year. Concentration of Contributions or Grants: The Organization received approximately 15% of its annual budget from grants and donations from the City of Elgin, and approximately 18% from the 21a Century Learning Grant. Deferred Revenues: Funds received for specific future events are deferred and recognized as revenue in the period the specific event occurs. Donated Assets: Donations of non-cash assets including property and equipment are recorded as contributions at their estimated fair value at the date of donation. Such donations are reported as increases in unrestricted net assets unless the donor has restricted the donated asset to a specific purpose. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire property and equipment are reported as restricted contributions. Absent donor stipulations regarding how long those donated assets must be maintained, the Organization reports expirations of donor restrictions when the donated or acquired assets are placed in service as instructed by the donor. The Organization reclassifies temporarily restricted net assets to unrestricted net assets at that time. Donated Services: No amounts have been reflected in the financial statements for donated services. The Organization generally pays for services requiring specific expertise. However, many individuals volunteer their time and perform a - variety of tasks that assist the Organization with specific assistance programs, campaign solicitations, and various committee assignments. -8- BOYS AND GIRLS CLUB OF ELGIN, INC NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2005 AND 2004 NOTE 1 —NATURE OF ACTIVITIES AND SUMMARY OF SIGNIFICANT ACCOUNTING POUCIES(CONY) Expense Allocation: The costs of providing various programs and other activities have been summarized on a functional basis in the Statement of Activities and in the Statement of Functional Expenses. Accordingly, certain costs have been allocated among the programs and supporting services benefited. Investment Income and Gains: Investment income and gains restricted by donors are reported as increase In unrestricted net assets if the restrictions are met (either a stipulated time period ends or a purpose restriction is accomplished) in the reporting period in which the income and gains are recognized, Promises to Glve: Unconditional promises to give are recognized as revenues or gains in the period received and as assets, decrease of liabilities, or expenses depending on the form of the benefits received. Conditional promises to give are recognized only when the conditions on which they depend are substantially met and the promises become unconditional. NOTE 2—SERVICE CONTRACT The Organization has an agreement with the City of Elgin to participate in cooperative programs. The total amount received under this contract was$114,000 during 2005 and 2004. NOTE 3—MORTGAGE PAYABLE The Organization has a mortgage payable in the amount of $113,135, bearing interest at prime plus 1% (currently 7.25%)and secured by a first mortgage on the real property known as 361 Hickory Place, Elgin, IL. The obligation requires monthly interest payments only and matures on June 2,2006, As part of the Organizations goal of building a new state-of-the-art clubhouse real property known as 366 Ann Street, Elgin, IL was acquired. This property which is adjacent to 355 Dundee Ave. - -the Organization's present clubhouse--was acquired for$92,749. Most of the purchase price was obtained by a private donation of $15,231 and a $75,000 Community Development Block Grant. The grant is a deferred, no interest loan to be forgiven on June 22, 2019 if the Organization meets all conditions of the grant - - primarily the actual construction and ultimate use by the Organization of a new clubhouse. This $75,000 note is secured by a mortgage on the property located at 366 Ann Street This property is reflected in the accompanying financial statements as property held for expansion. -9- • BOYS AND GIRLS CLUB OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2005 AND 2004 NOTE 4—DONATED PROPERTY AND SERVICES The non-cash donations for the years ended December 31, 2005 and 2004 reflected in the accompanying • statement of activities are as follows: 2005 Revenue Expenses Donation of Advertising and Promotion $ 23,716 23,716 Donation of Snack Program Grant 15,840 15,840 Donation of Awards and Grants 1,750 1,750 Donation of Other Program Donations 576 576 $ 41,882 41,882 2004 Revenue Expenses • Donation of Building $ 145,000 - Donation of Advertising and Promotion 20,563 20,563 Donation of Software 45,337 45,337 $ 210,900 65,900 • NOTE 5—OPERATING LEASES The Organization is obligated under the following operating leases: Phone system upgrades—60 month lease with monthly payments of$89, ending August 2007 Office equipment—60 month lease with monthly payments of$200,ending September 2006 Rental expense under operating leases was $3,468 for 2005. The future minimum lease payments are as follows: 2005 $ 2,868 2007 $ 623 - NOTE 6--REFUNDABLE ADVANCES The Organization records grant awards accounted for as exchange transactions as refundable advances until the related services are performed, at which time they are recognized as revenues. The Organization had a technology grant with the Illinois Department of Commerce and Economic Development which was recorded as an exchange transaction. The activity in the refundable advance account during 2004 is as follows: Balance, 1-1-04 $ 37,195 Services earned in 2004 (21,584) Balance, 12-31-04 $ 15,611 For the year ended December 31, 2005, the Organization had no refundable advances. -10- BOYS AND GIRLS CLUB OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2005 AND 2004 NOTE 7—RETIREMENT PLAN The Organization has established a defined contribution pension plan available to employees who are at least 21 years of age and have completed one year of service, working over 1,000 hours. The Organization is required to make quarterly contributions of 5% based on the prior year's earnings of the employee. The contributions of the Organization to the plan for 2005 totaled$6,042 and $4,780 for 2004. NOTE 8—RESTRICTED ASSETS Temporarily restricted net assets consist of: December 31: 2005 2004 Use restriction- Building Fund $ 436,108 8,289 Time restrictions (Township Grant)for 2005 5,000 23,500 $ 441,108 31,789 The time restricted funds are expected to be used within one year. The use restriction relates to the new capital campaign (See Note 11). Permanently restricted net assets are maintained in an endowment fund,established in 2002, in the memory of a deceased board member. The contributions recorded in this fund are restricted in perpetuity. However, income earned by the assets of this fund may be used for capital projects as designated by the Board of Directors. The earnings of this fund were$92 during 2005 and have been recorded as temporarily restricted net assets, - NOTE 9—GRANTS RECEIVABLE The Organization, having incurred qualifying reimbursable expenses relating to programs being funded by two grantor agencies, have submitted requests for reimbursement totaling $17,873 at December 31, 2005 and $27,974 at December 31,2004. NOTE 10—LINE OF CREDIT The Organization has a $35,000 revolving line of credit bearing interest, payable monthly at prime plus 1% expiring November 2006. The line of credit is secured by all Organization assets other than real estate. There was no outstanding balance on the line of credit at December 31,2005. NOTE 11 -CAPITAL CAMPAIGN FUND In 2005 the organization began a capital campaign to raise$3,000,000 to construct a new 15,000 square foot facility at the corner of Dundee and Ann Street in Elgin, Illinois. This fund will also create an endowment fund to assist in financing the increased operating budget of the new facility as well as provide funding to establish new programs and outreach opportunities in the nearterrn. Capital campaign pledges totaling $457,500 have been received as of December 31, 2005. The portion of these pledges unpaid at December 31,2005 is$387,836, These funds are reflected as temporarily restricted in the accompanying financial statements(See Note 8). -11- • BOYS AND GIRLS CLUB OF ELGIN, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31,2005 AND 2004 _ NOTE 11 —CAPITAL CAMPAIGN FUND(CONY) It is estimated that the pledges receivable of$387,836 will be collected as follows: 2006 $ 30,700 2007-2009 357,136 $ 387,836 With the campaign just getting started(approximately 15%of target),no provision for uncollected pledges has been provided for in the accompanying statements. -12- 4 CF ESL, J • Agenda Item No. r4 City of Elgin :..i I yy s di'! r P v January 19, 2007 —:`',t w `. TO: Mayor and Members of the City Council - _ FROM: Olufemi Folarin, City Manager l eopp rrua r sJo, ,e C�4ltum f nrr4�»irlafor.911Citizeas Randy Reopelle, Parks and Recreation Director SUBJECT: Boys and Girls Club of Elgin 2007 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 2007 Purchase of Service Agreement with the Boys and Girls Club of Elgin. RECOMMENDATION It is recommended that the City Council approve the 2007 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 of 1993. Annually the Club provides 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 contribution of$114,000 is to be used for various Club operations and programs throughout the year. During 2006 the Boys and Girls Club offered the following programs: 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. In 2005, the City's PSA represented 15.26% of the Boys and Girls Club's unrestricted revenue (income)based upon total revenue of$746,832.. The agency's audit report is attached. , . Boys and Girls Club of Elgin 2007 Purchase of Service Agreement January 19, 2007 Page 2 In addition, the Boys and Girls Club has met all the requirements of the 2006 Purchase of Service Agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 7pit___ FINANCIAL IMPACT There are sufficient funds budgeted ($114,000) and available ($114,000) in the Riverboat Fund, account number 275-0000-791.80-30, to fund the Purchase of Service Agreement totaling $114,000 with the Boys and Girls Club of Elgin. LEGAL IMPACT VI/I/None ALTERNATIVES 1. The Council may choose to approve the 2007 Purchase of Service Agreement with the Boys and Girls Club of Elgin in the amount of$114,000. 2. The Council may choose not to approve the 2007 Purchase of Service Agreement with the Boys and Girls Club of Elgin in the amount of$114,000. Respectfully submitted for Council consideration. me attachment