00-99 Resolution No. 00-99
RESOLUTION
AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH
ELGIN ENRICHMENT SERIES, 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
Service Agreement on behalf of the City of Elgin with Elgin
Enrichment Series, Inc . for support of the Elgin Enrichment
Series program for 2000 , 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
SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 2Lr/4 day`of
p}2t` L 2000, by and between ELGIN ENRICHMENT SERIES, Inc. , an
Illinois not-for-profit corporation, (hereinafter referred to as
the "ELGIN ENRICHMENT SERIES") and the CITY OF ELGIN, Illinois, a
municipal corporation, (hereinafter referred to as the "CITY")
WHEREAS, the City has determined it to serve a beneficial
public purpose to provide programs bringing nationally and
internationally renowned speakers to Elgin; and
WHEREAS, the Elgin Enrichment Series has served the community
since 1997, providing presentations on matters of public interest;
and relevant to the community; and
WHEREAS, the ' Elgin Enrichment Series attracts people from
throughout the region and enhances the image of the Elgin
community;
. 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 the Elgin Enrichment Series the sum
of $10, 000. The payment shall be made within 30 days
following the execution of this agreement .
2. The Elgin Enrichment Series shall address all inquiries
and requests made pursuant to this agreement to City' s
Assistant City Manager.
3. The Elgin Enrichment Series shall apply the
aforementioned $10, 000 to speaker' s fees and promotional
expenses for the events. Topics of the events shall be
related to matters of public interest and relevance to
the greater Elgin community.
4 . The Elgin Enrichment Series shall present a minimum of
_five events during.. the year.
5. The Elgin Enrichment Series shall provide a written
report detailing the disbursement of the $10, 000 provided
for herein. This report shall be provided to the City
Council by January 1, 2001 and shall include a
description of program activity including the number and
types of programs offered and the number of participants.
6. The City shall have the right to review all accounting >.
records related to the use of the $10, 000 provided for
herein upon 72 hours written notice, and at a reasonable
time agreed upon by both parties hereto. '
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7 . To the fullest extent permitted by law, Elgin Enrichment
Series agrees to and it shall 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, damage or other relief
arising out of or resulting from or through or alleged to
arise out of any negligence, acts or omissions of Elgin
Enrichment Series or its officers, employees or agents in
the performance of this agreement or operations funded
pursuant to this agreement. Nothing herein affects Elgin
Enrichment Series' 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 . This Agreement shall be in full force and in effect from
the date of its execution through December 31, 2000 .
9. This agreement shall not be construed so as to create a
partnership, joint .venture, employment or other agency
relationship between the parties hereto.
10. The terms of this agreement shall be severable. In the
event any of the terms or provisions of this agreement -
shall be deemed to be void or otherwise unenforceable for
any reason, the remainder of this agreement shall remain
in full force and effect.
11. 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 arising
out of or in connection with this agreement shall be in
the Circuit-Court of Kane County, Illinois.
12 . This agreement is the sole agreement between the parties
hereto. There are no other agreements either oral or
written, which ahall affect-, the terms or performance of
this agreement. This agreement shall not be modified or
amended without the written agreement of the parties
hereto.
13. Time is of the essence of this agreement.
14 . In the event the program for which the City funds
provided herein are to be-applied _srdiscontinued or the
Elgin Enrichment Series ceases its operations prior to
December 31, 2000, the Elgin Enrichment Series shall
refund to the City on a pro rata baois the funds paid
hereunder for the portion of the year such program or its
operations were to be conducted.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date and year written above.
CITY OF ELGIN,
a municipal corporation
BY
Ed Schock
Mayor
Attest:
ii/A/FYI Y�w�� Q CA^A
City Clerk
ELGIN ENRICHMENT SERIES, Inc,
a not-for-profit corporation
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By j.
Claire Joh ' nesen
President
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G
i � Cit Agenda Item No.
'
Y of Elgin 9
April 3 , 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Elgin Enrichment Series Contribution
PURPOSE
The purpose of this memorandum is to provide information to the
Mayor and members of the City Council to consider a funding request
from the Elgin Enrichment Series .
BACKGROUND
Since 1997, the Elgin Enrichment Series has brought nationally
renowned speakers to Elgin. Internationally recognized speakers
have included Ed Asner, Linda Ellerbee, Rita Moreno, Kathy
• Cronkite, Bill Kurtis, and Bob Mackie . The Elgin Enrichment Series
is a registered Illinois 501 (c) (3) non-profit corporation,
originally incorporated in 1997 . Attached is a funding request
from the organization for $10, 000 to support this year' s program.
The City provided a $10, 000 contribution to the Elgin Enrichment
Series in 1999 .
Attached is a purchase of service agreement drafted in conjunction
with the Elgin Enrichment Series .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
VSufficient funds are available in the non-departmental Special
Projects, account number 010-6902-719 . 89-02 .
11 LEGAL IMPACT
None .
o e .
Elgin Enrichment Series PSA
April 3 , 2000
Page 2
• ALTERNATIVES
The City Council could approve the agreement as drafted, edit the
agreement or decline to provide support to the Elgin Enrichment
Series .
RECOMMENDATION
It is recommended that the City Council approve the Purchase of
Service Agreement in the amount of $10, 000 with the Elgin
Enrichment Series .
qcRectfully submitted,
e P�arker
City Manager
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ELGIN ENRICHMENT SERIES
P.O. Box 5070 Elgin, Illinois 60121-5070 Tele hone: 847- A-
Officers: The Honorable Ed Shock, Mayor
Claire Johannesen City of Elgin
President 150 Dexter Ct.
Donna Burnidge Elgin, IL 60120
Vice-President
Dear Ed,
Caren Nickelsen
Vice-President Elect Thank you for taking time from your busy schedule to meet with Robin
Cheri Lee Lewis Narum and myself concerning our interest in support for the Elgin
Secretary Enrichment Series. We were pleased to hear of your continued interest in
EES and its goal of bringing enrichment, education and enjoyment to our
Vony Fahrenwald people in Elgin and the Fox Valley area.
Treasurer
As we said at that time, we would like to request S 10,000 in support from
the city to aid us in bringing prominent personages to Elgin during the
0ctors: current program year. We know that you are aware that the E.E.S.
Penny Cassell recently received and Elgin Image award that recognizes our success. We
certainly want to continue to elevate the Image of Elgin through our
Judy F'ishburn program. -
Julie Lichtenberg
Please let me know when our request will come before the City Council
Marcene Linstrom and if you need more information from us.
Robin Narum Thank you for your support.
Sue Rakow �
Sincerely yours,
Pat Szpekowski �,�/�� 1t ��J�
Marcene J. Linstrbm, Development Chair
Elgin Enrichment Series
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