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Home My WebLink About96-22 Resolution No. 96-22 RESOLUTION AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH JAYNE SHOVER EASTER SEALS REHABILITATION CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Jayne Shover Easter Seals Rehabilitation Center, Inc . for use of a city van, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 14 , 1996 Adopted: February 14 , 1996 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk a VAN USE AGREEMENT THIS AGREEMENT is made and entered into on this ,2C -ii/ day of F X ' , , 1996, by and between the Jayne Shover Easter Seal Rehabilitation Center, Inc. , an Illinois not-for-profit corporation (hereinafter referred to as "Center" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "City" ) . WHEREAS, the City is the owner of a 1990 Dodge Ram 12 passenger van (hereinafter referred to as "van" ) , which the Center desires to use for occasional transportation of participants on field trips; and WHEREAS, the City is agreeable to such use by the Center, but only on the following terms and conditions . NOW, THEREFORE, for and 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 Center shall submit its request for each use of the van at least three ( 3) days prior to the requested date of use and shall obtain written approval for such use from the City prior to such use. 2 . The Center shall use the van only for the transportation of field trip participants and only within a radius of 300 miles of City and shall return the van to City as directed by City. 3 . The Center shall pay to City the sum of 30 cents per mile for its use of the van and shall submit an invoice quarterly to City. 4 . While in possession of the Center, the van shall be operated only by a licensed driver over 21 years of age and shall carry no more than 12 passengers at a time, including the driver. 5 . The Center shall be liable for any damage to the van incurred during Center' s possession or use of the van including insurance deductibles of $500 for collision damage, or $250 other than collision damage to the van or any of its parts while under loan to the Center. 6 . The Center shall release, defend, indemnify, and save harmless the City, its directors, officers, and employees, from any and all claims of damages for the death or injury of any person, and/or any and all property damage arising out of the use of the van by the Center. • 7 . The Center shall annually obtain an endorsement to its business automobile insurance policy extending the coverage thereof to the liability for damages assumed by the Center under paragraph 6 of this agreement, and shall provide the City a certificate from the insurer of such liability endorsement. 8 . This agreement may be terminated by either party hereto upon fourteen ( 14 ) days written notice. Such termination shall not affect any obligation of the Center arising during the period of its effectiveness . 9 . This agreement shall commence January 25, 1996 and shall terminate on December 31, 1996 . CITY OF ELGINN BY .� ik. Richard B. Helwig City Manager Attest: Dolonna Mecum City Clerk JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. By Peggy terties Its President Attest: Secretary -2- • Resolution No. 96-21 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH JAYNE SHOVER EASTER SEALS REHABILITATION CENTER, INC . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Jayne Shover Easter Seals Rehabilitation Center, Inc . for special recreation programs, a copy of which is attached hereto and made a part hereof by reference . s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 14 , 1996 Adopted: February 14 , 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk - r PURCHASE OF SERVICE AGREEMENT BETWEEN JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into on this ,tday of F 6 % . , 1996, by and between the Jayne Shover Easter Seal Rehabilitation Center, Inc . , an Illinois not-for-profit corporation (hereinafter referred to as "Center" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "City" ) . NOW, THEREFORE, for and 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 Center shall provide special recreation programs for residents of the City of Elgin who have a disability under the direction of qualified recreation specialists . The aforementioned special recreation programs offered by the Center shall be open to individuals of all ages with all types of disabilities . 2 . The Center shall offer recreation programs during not less than four eight-week sessions during the term of this agreement. A holiday program shall be offered for four (4 ) weeks between November 23, 1996 and December 25, 1996 . Transportation for program participants shall be provided by Center for not less than two of the aforementioned programs, which programs shall be selected at Center' s discretion. 3 . Programs may include, but shall not be limited to, aerobics/conditioning, individual sports, aquatics, recreational sports, Special Olympic competition, arts and crafts, age-appropriate leisure activities, integrative and cooperative programming and special events . The Center staff reserves the right to determine appropriateness for programming by participants . Classifications of disabilities served shall include learning disabilities, mental retardation, behavior disorder, hearing or visual impairment, physical disability, speech/language delay, and developmental delay. 4 . City shall provide funds to Center upon their request for payment at a total sum of not more than $20,000. Said requests for payment shall only be provided for program participants who are residents of the City. 5 . The Center shall name the City as a funding source for the above-mentioned programs in all materials distributed. 6 . The Center shall request payment from the City per program, per session at the end of each session, based on the program costs incurred as reflected on each program worksheet. Such requests for payment shall be calculated based on actual enrollment, variable facility rental cost, and actual percentage of Elgin residents in each program. 7 . This agreement may be terminated by either party hereto at any time upon sixty (60) days written notice by delivering personally or by U.S. Mail said notice to the Center at 799 South McLean Boulevard, Elgin, Illinois, or to the City, 150 Dexter Court, Elgin, Illinois . 8 . The Center does hereby, for itself, its heirs, personal representatives and assigns, covenant and agree with the City to forever fully protect, indemnify, defend, and save harmless the City of Elgin, Illinois, from any and all lawsuits, costs, claims for damages, attorney' s fees and expenses of every kind and nature which it may suffer, expend, or incur under or by reason, or in consequence of the Center providing special recreation programs for the City of Elgin and to defend, at its own costs and charges on behalf of and for the protection of the said City of Elgin, Elgin, Illinois, any legal action which may be instituted as a consequence of the Center providing special recreation programs . CITY OF ELGIN By �-'- C ' . la„ Richard B. Helwig � City Manager At est: Akk Dolonna Mecum City Clerk JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. BY S- baultt �1 ° z— Peggy tterties Its President Attest: Secretary -2- E1 'n ,,,,..,tA, , ! , Agenda Item No . January 10, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Jayne Shover Easter Seals Rehabilitation Center 1996 Purchase of Service Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council the information to consider the 1996 Jayne Shover Easter Seals Rehabilitation Center Purchase 1 of Service Agreement. BACKGROUND Since 1984 , the City has worked with the Jayne Shover Easter Seals Rehabilitation Center to provide quality recreation programs open to individuals of all ages with all types of disabilities . Jayne Shover offers activities and special events year round. Throughout the year Jayne Shover offers exercise classes, a bowling league, swim lessons, family swim time and special Olympic training and competition in many individual and team sports . Trips to concerts, zoos and restaurants are among the popular programs offered. Jayne Shover has approximately 600 Elgin participants in their programs on a yearly basis . Payment is requested by Jayne Shover at the end of each ses- sion of programs . These requests are presented per program and details the breakdown of program costs, transportation costs, supply costs, etc. . Payment is then made based on the percentage of Elgin participants . Jayne Shover Easter Seals PSA January 10, 1996 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The amount of $20,000 has been included in the 1996 Recrea- tion Division budget for special recreation programs (Miscel- laneous Services, account number 010-5012-762 .45-99 ) . LEGAL IMPACT None. RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the Jayne Shover Easter Seals Rehabilitation 1996 Purchase of Service Agreement. Respectfully submitted, Monica Bates Parks and Recreation Director Richard B. Helwig City Manager