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HomeMy WebLinkAbout20-0508 New Life Covenant AMENDMENT TO PURCHASE OF SERVICE AGREEMENT THIS AMENDMENT AGREEMENT ("Amendment Agreement") is made and entered into this 8 day of May, 2020, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafter referred to as the "City"), and NEW LIFE COVENANT ELGIN, an Illinois not-for-profit corporation(hereinafter referred to as the "Service Provider"). WHEREAS,on January 30, 2020, the World Health Organization declared the outbreak of COVID-19 virus to be a public health emergency of international concern and on March 11, 2020, declared a worldwide pandemic; and WHEREAS, on January 31, 2020,the U.S. Health and Human Services Secretary declared a public health emergency for the United States; and WHEREAS, on March 9, 2020, the Governor of the State of Illinois issued a disaster proclamation due to the impact of COVID-19 virus and activated the state emergency operation center; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency due to the impact of COVID-19 virus; and WHEREAS, on March 13, 2020, the Mayor of the City of Elgin, Illinois issued a proclamation declaring a state of emergency in the City of Elgin related to the COVID-19 virus; and WHEREAS, on March 16, 2020, the Governor of the State of Illinois issued an executive order in response to the COVID-19 emergency which provided in part for restrictions on certain public assembly; and WHEREAS, on March 20, 2020, the Governor of the State of Illinois issued a further executive order which provided in part for certain stay at home and social distancing requirements; and WHEREAS,pursuant to Chapter 2.76 of the Elgin Municipal Code,the Mayor and the City Manager as the Mayor's designee and as the City's director of disaster services may exercise certain emergency powers with respect to a stated emergency including the power to procure such goods and services as are deemed necessary for the City's emergency response effort; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution, and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of public health, safety, morals and welfare, including taking immediate emergency measures to protect the public welfare in response to the COVID-19 outbreak,pursuant to Chapter 2.76 of the Elgin Municipal Code, 1976, as amended, and as otherwise provided by law; and WHEREAS,the City and the Service Provider previously entered into a purchase of service agreement dated April 10, 2020, which was executed by the City Manager as an emergency procurement pursuant to Chapter 2.76 of the Elgin Municipal Code as the Mayor's designee and as the City's Director of disaster services (hereinafter referred to as the "Subject Purchase of Service Agreement"); and WHEREAS, pursuant to the Subject Purchase of Service Agreement the Service Provider was to provide temporary daytime accommodations for people experiencing homelessness at its facility at 2250 W. Highland Avenue, Elgin, Illinois 60123 (defined therein as the "Subject Services" and the "Subject Property") from March 27, 2020, until April 30, 2020; and WHEREAS, on April 30, 2020, the Governor of the State of Illinois issued a further executive order extending the certain stay at home and social distance requirements until May 30, 2020; and WHEREAS, the City and the Service Provider have deemed it necessary and desirable to provide for the temporary daytime accommodations for people experiencing homelessness at the Subject Property from May 1, 2020, through May 30, 2020; and WHEREAS, the City Manager has determined that it is necessary and appropriate to enter into and execute this Amendment Agreement as an emergency procurement pursuant to Chapter 2.76 of the Elgin Municipal Code as the Mayor's designee and as the City's director of disaster services. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and the mutual promises and undertakings contained in the Subject Purchase of Service Agreement and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Section 1 of the Subject Purchase of Service Agreement is hereby amended to read as follows: "The Service Provider shall provide temporary daytime accommodations for people experiencing homelessness at its facility at 2250 W. Highland Avenue, Elgin, Illinois 60123 (hereinafter referred to as the "Subject Services", and such property is hereinafter referred to as the "Subject Property"). The Service Provider shall commence the Subject Services at the Subject Property on March 27, 2020 and shall continue with such services until May 30, 2020. The Subject Services in the form of temporary daytime accommodations for people experiencing homelessness shall be available each day from 9:00 a.m. to 5:00 p.m. The Service Provider shall conduct the Subject Services in conformance with all applicable legal requirements, including, but not limited to, the temporary occupancy permit and the provisions therein issued by the City for the Subject Services at the Subject Property. The Subject Services shall at the Subject Property shall be discontinued as of May 30, 2020." -2- 2. That Section 4 of the Subject Purchase of Service Agreement is hereby amended to read as follows: "The City agrees to reimburse the Service Provider for expenses related to providing the Subject Services under this Agreement up to the total amount not to exceed $60,000. Pursuant to the request of the Service Provider, the City's reimbursement to the Service Provider pursuant to this Section 4 shall be paid to the order of Chicago Dream Center, an Illinois not-for-profit corporation,which is an entity affiliated with the Service Provider. The City shall pay such reimbursement for expenses related to providing the Subject Services in four installments. The fust installment shall be in the amount of$15,000 shall be paid by the City on April 10, 2020. The second installment in the amount of$15,000 shall be paid by the City on May 1, 2020. The third installment in the amount of $15,000 shall be paid by the City on May 15 , 2020. The fourth installment in the amount of $15,000 shall be paid by City on May 29 , 2020. Such expenses to be reimbursed by the City for the Subject Services include expenses incurred by the Service Provider for operations, employee wages, transportation and the purchase of necessary supplies for the Subject Services. All such expenses by the Service Provider for the Subject Services shall be documented and provided in writing to the City by the Service Provider. Such documentation shall be provided to the City no later than July 1, 2020. In the event that the expenses for the Subject Services to be reimbursed by the City are less than$60,000, the Service Provider shall repay back to the City by July 15,2020,the difference thereof between the eligible expenses incurred and the reimbursements paid by the City totaling$60,000. Notwithstanding the amount of expenses incurred by the Service Provider in connection with the Subject Services, it is agreed and understood that the City's reimbursement to the Service Provider shall in no event exceed $60,000." 3. That Section 7 of the Subject Purchase of Service Agreement is hereby amended to read as follows: "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 May 30, 2020, 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." 4. That Section 10 of the Subject Purchase of Service Agreement is hereby amended to read as follows: "The term of this Agreement shall commence from the date of the execution hereof and continue through May 30, 2020, unless otherwise terminated as provided for herein. Service Provider's reporting and repayment obligations shall survive the expiration or termination of this Agreement." -3- 5. That in the event of any conflict between this Amendment Agreement and the Subject Purchase of Service Agreement, the terms of this Amendment Agreement shall supersede and control. 6. That as except as expressly amended in this Amendment Agreement, the Subject Purchase of Service Agreement shall remain in full force and effect. 7. That the changes provided for in this Amendment Agreement are germane to the original Subject Purchase of Services Agreement as signed and this Amendment Agreement is in the best interest of the City and authorized by law. IN WITNESS WHEREOF, the undersigned have entered into executed this Agreement on the date and year first written above. CITY OF ELGIN: NEW LIFE 90YENANT ELGIN By: By: Name/print: Abiezel Raices City Manager Title: Pastor A es . City Clerk 4-