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94-171 Resolution No. 94-171 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SISTER CITIES ASSOCIATION OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, 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 Sister Cities Association of Elgin for the development of a Sister City affiliation with a community in Mexico, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 22, 1994 Adopted: June 22, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk f n t, Agenda Item No. poQA,tn��e1• � June 2, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Purchase of Service Agreement with Sister Cities Association of Elgin PURPOSE To provide information for consideration of a Purchase of Service Agreement (PSA) between the City and Sister Cities fir► Association of Elgin. f BACKGROUND One of the requests as part of the 1994 budget process came from the Sister Cities Association of Elgin. Sister Cities is a not-for-profit organization formed for the purpose of promoting peace and understanding among nations through cul- tural and economic exchanges. Sister Cities of Elgin has a formal affiliation with Belgorod, Russia. A PSA for $2,500 in City funding has been drafted and present- ed for the City Council 's review. As part of the PSA, Sister Cities will produce a newsletter and pay affiliation fees attributable to a second Sister City relationship. FINANCIAL IMPACT A total of $2,500 has been budgeted in the General Fund's Boards and Commissions budget (010-1902-709 .80-21) . LEGAL IMPACT None. r PSA/Sister Cities Association June 2, 1994 Page 2 RECOMMENDATION Direct staff to prepare a resolution authorizing the execu- tion of the PSA. Respectfully submitted, • Richard B. Helwig City Manager amp Attachment r r PURCHASE OF SERVICE AGREEMENT �7 THIS AGREEMENT is made and entered into this 3/u�C day of tju AJC , 1994 , by and between the City of Elgin, Illinois, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Sister Cities Association of Elgin, a not-for-profit corporation, (hereinafter referred to as the "Provider" ) . Now therefore, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . The City shall pay Provider an amount not to exceed Two Thousand Five Hundred Dollars ($2, 500. 00) for the follow- ing projects : 1) production of three to four newsletters per year as a means of providing information about and promotion of the goals and activities of the Sister Cities Association of Elgin and 2) pay any affilliation fees attributable to the development of a Sister City affiliation with a community in Mexico. 2 . Provider shall expend all funds provided by the City pursuant to this agreement prior to December 31, 1994 . This agreement shall terminate on December 31, 1994 . 3 . All funds paid to the provider by the City pursuant to this agreement shall be expended only for the programs as described above. In the event Provider changes the aforementioned programs or otherwise breaches this agreement without the prior written consent of the City of Elgin, all funds shall be refunded to the City. 4 . Provider shall submit to the City on or before December 31, 1994 , an annual report of the activities of the programs described herein and the actual expenditures made for said programs . 5 . Provider shall upon request make available to the City financial documents for any year in which a grant was re- ceived. 6 . 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 of Illinois ' geographic boundaries or subsidy for an individual ' s academic study. 7 . No person shall be denied participation in or the benefits of the programs described in paragraph 1 on the grounds of race, color, religion, national origin, sex or handicap. 8 . Provider hereby shall indemnify and hold harmless the City, its officers, employees and agents, from and against any and all damages, losses, claims, causes of action, lawsuits, judgements or liability whatsoever arising out of the programs described in paragraph 1, providers activities undertaken pursuant to this agreement or as a result of the existence of this agreement. The Provider, at the Provider' s own cost and expense, will defend by counsel of the City' s choosing, any and all claims falling within said indemnifica- tion against the City or in which the City may be impleaded with others . 9 . The programs described in paragraph 1 shall be conducted within the geographical boundaries of the City of Elgin. 10 . This agreement shall not be construed to create an employment, joint venture or partnership agreement between the parties hereto. CITY OF ELGIN, a municipal SISTER CITIES ASSOCIATION corporation OF ELGIN By: .G ,C�ciC 2� �f�C� By: Cv.�-��- ct Geor. / VanDeVoorde Authorized Agent Mayor Attest: /71-12-0_14",_ City Clerk -2-