00-103 1
Resolution No. 00-10.3
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT
WITH ELGIN PROUD AND BEAUTIFUL, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, 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 Elgin Proud and Beautiful , Inc . for anti-littering,
beautification and promotional activities, a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 26 , 2000
Adopted: April* 26, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
CITY OF ELGIN ILLINOIS/ELGIN PROUD AND BEAUTIFUL, INC.
THIS AGREEMENT is made and entered into on this , day
of April , 2000 , by and between ELGIN PROUD AND BEAUTIFUL,
INC. , an Illinois not-for-profit corporation (hereinafter
referred to as "EPB" ) , and the CITY OF ELGIN, ILLINOIS, a
municipal corporation (hereinafter referred to as the "City" ) .
WHEREAS, the City has determined that the citizens of
Elgin benefit from a clean and aesthetic environment in which
to live and work; and
WHEREAS, EPB performs clean-up and aesthetic programs and
services .
NOW, THEREFORE, 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 City shall pay to EPB the sum of $5 , 800 on or
before April 30 , 2000 .
2 . EPB shall apply the $5 , 800 contribution from the
City to operating expenses relating to its clean-up programs
and aesthetic improvement programs .
3 . EPB hereby agrees to provide the following services
to City or to City' s reasonable satisfaction on or before
December 31, 2000 :
A. Set plans and guidelines for 2000
activities, including the annual city-wide clean-up.
B. Maintain database of volunteers .
C. Meet monthly to finalize specific project
details of locations, dates, budget preparation
for Earth Day, Adopt-a-Highway program and Keep
America Beautiful month.
D. Select target volunteer groups to assist
with projects .
E . Act as "coordinator" for specific projects .
F. Promote events such as "Earth Day" , the
"Adopt-a-Highway" program and Keep America Beautiful
month (April) .
G. Perform a Planting Project to improve a
designated location aesthetically by planting trees
and landscaping.
H. Identify activities/projects which warrant
news releases and write copy for same .
I . Prepare an EPB Newsletter.
J. Prepare articles for the Elgin Spirit
community newsletter as appropriate .
K. Provide informational updates for Elgin
City Council and Elgin Area Chamber of Commerce .
L. Research possibilities of Foundation
and/or Grant funding .
M. Promote anti-litter and recycling message
at various events throughout the year, such as
National Night Out .
N. Promote City recycling and HHW programs .
4 . Failure to perform the above services to the
satisfaction of the City Council shall result in a termination
of this agreement and the refund of the $5 , 800 consideration,
(plus reasonable costs and attorney' s fees, in the event City
is required to litigate to retrieve said funds) as and for
liquidated damages .
S . EPB shall provide a written report detailing the
disbursement of $5 , 800 . This report shall be provided to the
City Council by December 31 , 2000 and shall include all
program activity.
6 . The City shall have the right to review all
accounting records related to the use of the $5, 800 , given 72
hours notice, and at a time agreed upon by both parties .
7 . To the fullest extent permitted by law, EPB agrees
to indemnify, defend and hold harmless the City, its officers,
employees, boards and commissions from and against any and all
claims, suits, judgments, costs, attorney' s fees, damages or
other relief arising out of or resulting from or through or
alleged to arise out of any reckless negligent acts or
omissions of EPB or its officers, employees or agents in the
performance of this agreement or operations funded pursuant to
this agreement . Nothing herein affects EPB ' s duty to defend
the City. In the event of any action against the City, its
officers, employees, agents, boards or commissions covered by
the foregoing duty to indemnify, defend and hold harmless,
such action shall be defended by legal counsel of the City' s
choosing .
8 . The terms of this agreement shall be severable . In
the event any of the terms or provisions of this agreement are
deemed to be void or otherwise unenforceable for any reason,
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the remainder of this agreement shall remain in full force and
effect .
9 . This agreement shall not be construed so as to
create a partnership, joint venture, employment or other
agency relationship between the parties .
10 . In the event this agreement is terminated or in the
event the program for which the City funds provided herein are
to be applied is discontinued or if EPB ceases operations
prior to November 30 , 2000 , EPB shall refund to the City any
unexpended funds paid by the City hereunder.
11 . EPB shall conduct all of its activities funded
pursuant to this agreement, including but not limited to, the
providing of clean-up and aesthetic programs, in accordance
and in compliance with all requirements of law.
12 . This agreement shall be subject to and governed by
the laws of the State of Illinois . Venue for the resolution
of any disputes or the enforcement of any rights pursuant to
this agreement shall be in the Circuit Court of Kane County,
Illinois .
13 . This Agreement shall be in full force and effect
from the date of execution through December 31 , 2000 .
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date and year written above .
ELG VPRO UD AND BEAUTIFUL, INC.
By
J Us ��t r
P d
CITY OF ELGIN, a municipal
corporation
By � ZIOZ5;11/
Ed Scho,ck
Mayor
Attest :
City Clerk
3 -
City of Elgin Agenda Item No.
April 3 , 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Purchase of Service Agreement with Elgin Proud &
Beautiful, Inc .
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider approval of the
Purchase of Service Agreement with Elgin Proud & Beautiful (EPB) .
BACKGROUND
The City of Elgin has contributed funds to Elgin Proud & Beautiful
for several years. Funds are again available through the Boards &
• Commissions section of the 2000 Budget .
The support is structured as a Purchase of Service Agreement with
the City. Attached is the Purchase of Service Agreement which
outlines a list of proposed EPB activities to benefit Elgin during
the course of the year. In summary, EPB activities . primarily
include the coordination of specific projects including
neighborhood & school plantings, preparation of a newsletter,
maintaining a database and conducting a city-wide clean-up.
During the 1999 EPB Annual City-Wide Spring Clean-Up, volunteers
collected over three tons of trash, tires and other debris from
Elgin roadsides, vacant lots & other miscellaneous areas . EPB
volunteers and their mascot, Captain Clean-Up, promoted recycling
& litter prevention at National Night Out festivities as well as
during the Elgin Youth Fest . Similar events are planned for this
year, including the EPB Annual City-Wide Spring Clean-Up, which
will be held in conjunction with the Elgin Public Works Department
Open House on Saturday, May 20, 2000 .
Attached is a copy of the 1999 EPB Financial Report and the
proposed 2000 EPB Budget . EPB was honored in 1996 for their
ongoing efforts with an Elgin Image Award for creating a cleaner,
more beautiful Elgin.
• COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
• Elgin Proud & Beautiful --
April 3 , 2000
Page 2
None .
-0FINANCIAL IMPACT
There is $6, 000 budgeted in account number 010-0902-709 . 80-07
Boards & Commissions- Elgin Proud & Beautiful .
01 /LEGAL IMPACT
V None .
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the Mayor & City Council authorize the
approval of the Purchase of Service Agreement with Elgin Proud &
Beautiful, Inc . in the amount of $5, 800 .
• Res ectfully submit ed,
J ce Parker
City Manager
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