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Home My WebLink About98-62 ` r Resolution No. 98-62 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Seal 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: March 11, 1998 Adopted: March 11 , 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 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 ,:.4 C 2Kday of j;74:4u4_ , 1998, 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, 1998 and December 25, 1998 . 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 accrued 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 l By 4 . A.---�c.I��`�- o�pce Parker City Manager Attest: ik("91,---e/ / - -< -- Dolonna Mecum City Clerk JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. /- B 1--1. Peggy u erties Its President Attest: Secretary -2- Resolution No. 98-63 RESOLUTION AUTHORIZING EXECUTION OF A VAN USE AGREEMENT WITH JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Seal Rehabilitation Center, Inc. for use of certain city vans, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 11, 1998 Adopted: March 11, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VAN USE AGREEMENT THIS AGREEMENT is made and entered into on this {�O,4day of �1d��_ , 1998, 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 and a 1997 Dodge Ram 15 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 for the 1990 van and 15 passengers for the 1997 van 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 March 12, 1998 and shall terminate on December 31, 1998 . CITY OF ELGIN By & . /2L - - Jo- f ce . Parker City Manager Attest: a41,1_,4 A41_,,Gu.s,-- Dolonna Mecum City Clerk JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. By Peggy terties Its President Attest: Secretary -2- „,a1. 41, • , f City of Elgin Agenda Item No. . ;,` I�I� lririn\” February 5, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Jayne Shover Easter Seal Rehabilitation Center 1998 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 1998 Jayne Shover Easter Seal Rehabilitation Center Purchase of Service Agreement and Van Use Agreement . BACKGROUND Since 1984 , the City has worked with the Jayne Shover Easter Seal 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. Also, since 1994 the City has established a separate Van Use Agreement with Jayne Shover Easter Seal which grants the staff of Jayne Shover authority to drive the Parks and Recreation van in needed situations . 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 some of the most popular programs offered. Jayne Shover has approximately 600 Elgin participants in their programs on a yearly basis. They provide service to citizens with special needs more efficiently and effectively than could be provided by the Parks and Recreation Department . Payment is requested by Jayne Shover at the end of each session of programs . The Center submits an invoice quarterly to the City. These requests are presented per program and detail the breakdown of program costs, transportation costs, supply costs, etc. Payment is then made based on the percent- age of Elgin participants . Attached is a copy of a program request form. The Center also is charged 30 cents per mile for use of the van. Jayne Shover Easter Seals Rehabilitation Center PSA February 5, 1998 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None ViA FINANCIAL IMPACT Sufficient funds exist in the 1998 Recreation Division budget, (Miscellaneous Services) account number 010-5012-762 . 45-99, to cover the $20, 000 expense . LEGAL IMPACT None ALTERNATIVES The alternative for this Purchase of Service agreement is to not fund the Jayne Shover Easter Seal Rehabilitation Center for $20 , 000 for 1998 and to not approve the 1998 Van Use Agreement . RECOMMENDATION It is recommended that the Mayor and Members of the City Council approve the Jayne Shover Easter Seal Rehabilitation Center 1998 Purchase of Service Agreement to provide $20 , 000 1 toward special recreation services and to approve the 1998 Van Use Agreement . Respectfully submitted, Monica Meyers, Director P rks and Recreati n J ce A. Parker City Manager mpc