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HomeMy WebLinkAbout94-56 Resolution No. 94-56 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH DAWN BLAIS RUBICCO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, be and is hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Dawn Blais Rubicco for the production of six art salons, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: March 9, 1994 Adopted: March 9 , 1994 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk - El I El • TELEPHONE 708/931-6100 FAX 708/931-5610 FOR HEARING IMPAIRED TDD 708/931-5616 4 OF EEC j CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 p�p4TED TEB� CITY OF ELGIN CULTURAL ARTS COMMISSION PURCHASE OF SERVICE AGREEMENT This agreement is entered into this /0 :t day of f'1ke,icigyby and between the City of Elgin, Illinois, a munic- ipal corporation, (hereinafter referred to as "City" ) and Dawn Blais Rubicco (hereinafter referred to as "Bubotto" ) . Now, therefore, in consideration of the mutual promises and covenants contained herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows : 1 . The City of Elgin shall pay Bubotto an amount not to exceed $2,500 for the following program: minimum of six art "salons" . A salon shall consist of an exhibition of artwork in any media, at a location available for public viewing. 2 . All monies granted for this program will be expend- ed by Bubotto between January 1, 1994 and December 31, 1994 . 3 . City shall pay the sum of $2,500 to Bubotto no earlier than thirty days prior to the first exhibition sched- uled pursuant to this agreement. Bubotto shall provide proof of a scheduled exhibition date to the reasonable satisfaction of the City prior to payment becoming due. Funds shall only be expended for the project described in the application for funding attached as part of this agreement. 4 . All funds received pursuant to this agreement shall be expended only for the program as described above. In the event Bubotto changes the program without the prior written consent of the City of Elgin, all funds shall be refunded to the City. 5 . Bubotto shall acknowledge funding of the project by the City of Elgin and Elgin Cultural Arts Commission on all public notices, publicity, printed programs, public media and other applicable materials. Bubotto shall supply the City of Elgin with copies of the above-mentioned publicity. 6 . Bubotto shall submit a "Financial and Evaluation Report" to the City of Elgin on forms provided within two weeks after December 31, 1994 . (i) Printed on recycled paper 7 . Bubotto shall, upon request, make available to the City of Elgin financial records for the year in which a grant was received from the City. The City of Elgin will be al- lowed to access to financial documents that pertain to infor- mation stated in the previously approved application for funding. 8 . No monies shall be used for any purchase of perma- nent equipment, capital improvements or construction, payment of previous year' s deficit, activities outside of the state geographic boundaries, or subsidy for an individual ' s academ- ic study. 9 . No person shall, on the grounds of race, color, religion, national origin, sex, handicap, sexual preference, participation in, be denied benefits of, or be otherwise subjected to discrimination under any activity, including employment, supported in whole or in part by funds provided under this grant. 10. Bubotto agrees that the program described in Para- graph 1 and referred to in Paragraph 8 shall be conducted within the geographical boundaries of the City of Elgin. 11 . Bubotto does hereby agree to indemnify, save harm- less, and defend the City of Elgin, its agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabili- ties, losses, and expenses, including, but not limited to, participants and spectators, or any death at any time result- ing from injury or any damage to any spectators, or any death at any time resulting from injury or any damage to any proper- ty which may arise or which may be alleged to have arisen out of, or in connection with, the program as described in Para- graph 1 and referred to in Paragraph 8 . 12 . This agreement shall not be construed to create an employment, joint venture or partnership agreement between the parties hereto. City o lgin Bubotto By By utho iz d Agent Authorized Agent (Please give title) E13' • Agenda Item No . 4 February 10, 1994 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Purchase of Service Agreement with Bubotto PURPOSE To request consideration of a Purchase of Service Agreement with Bubotto. BACKGROUND The Elgin Cultural Arts Commission received a request for funding from Bubotto, a not-for-profit organization, to produce six art "salons" . These art salons would provide free-to-the public exhibitions of artwork, in a variety of mediums . Bubotto' s initial funding request was $5, 800 . The Cultural Arts Commission recommended that of the $5 , 800, $3, 300 would be funded through the Arts and Culture Grant program. This recommendation was presented and approved by the Council at its October 27, 1993 meeting. The Commission also voted to recommend a Purchase of Service Agreement with Bubotto to provide funding in the amount of $2 , 500 in order that the project be funded at the full amount requested. This amount would be funded out of the Commission's budget. FINANCIAL IMPACT Bubotto would be paid $2 ,500 for producing six art salons . Funds are available in the budget of the Elgin Cultural Arts Commission for this expenditure. LEGAL IMPACT The Purchase of Service Agreement has been reviewed by Legal and approved in form. mayor and Members of the City Council February 10, 1994 Page 2 RECOMMENDATION The Cultural Arts Commission would recommend Council approval of a Purchase of Service Agreement with Bubotto. Rob rt 0. Ma m, Interim City Manager