02-112 Resolution No. 02-112
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 the promotion of beautification,
litter prevention, waste reduction and recycling, a. copy of which
is attached hereto and made a part hereof by reference . .
s/ Ed Schock
Ed Schock, Mayor
Presented: March 27, 2002
Adopted: March 27 , 2002
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
f :-
PURCHASE OF SERVICE AGREEMENT tt,,
THIS AGREEMENT is made and entered into on this day of kA/u, L'
2002, 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 .
WHEREAS, EPB promotes recycling, litter prevention and waste
reduction.
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 $6, 000 on or before March
30, 2002 .
2 . EPB shall apply the $6, 000 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 on
or before December 31, 2002 :
A. Set plans and guidelines for 2002 activities,
including the annual city-wide clean-up.
B. Maintain database of volunteers .
C. Meet monthly to finalize specific project details
of various projects
D. Recruit volunteer groups to assist with
projects .
E. Act as "coordinator" for specific projects.
F. Purchase a new mascot costume for use in promoting
recycling and anti-litter message at events.
G. Perform a Planting Project to improve the
aesthetics of a designated location (most likely a
school) .
H. Recruit volunteers to assist in a city-wide storm
sewer inlet stenciling program to help prevent
illegal dumping.
I. Identify activities/projects which warrant news
releases and write copy for same.
J. Prepare and distribute an EPB Newsletter.
K. . Prepare articles for the Elgin Spirit community
newsletter as appropriate.
L. Provide informational updates for Elgin City
Council and Elgin Area Chamber of Commerce as
appropriate.
M. Research possibilities of Foundation and/or Grant
funding.
N. Promote anti-litter and recycling message at
various events throughout the year, such as
National Night Out, Elgin Youth Fest and American
Recycles Day.
O. Promote City recycling and HHW (Hazardous Household
Waste) 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 $6, 000 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.
5. EPB shall provide the City two written reports detailing
the disbursement of $6, 000 . These reports shall be provided to the
City Council by May 31, 2002, and December 31, 2002, and shall
include all program activity. The reports shall be submitted to the
City Manager' s Office , 150 Dexter Court, Elgin, IL, 60120 .
6. EPB shall provide City with financial statements relative
to the organization' s total operations. These statements shall be
provided on or before July 31, 2002 and December 31, 2002 .
7. The City shall have the right to review all accounting
records related to the use of the $6, 000, given 72 hours notice, and
at a time agreed upon by both parties .
8 . 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.
9. 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, the remainder of this agreement
shall remain in full force and effect.
10. This agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency relationship between
the parties .
11. 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 December 31, 2002, EPB
shall refund to the City any unexpended funds paid by the City hereunder.
12 . 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.
13 . 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.
14 . This Agreement shall be in full force and effect from the date
of execution through December 31, 2002 .
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the date and year written above.
ELGIN PROUD AND BEAUTIFUL, INC.
By NO�U r
a e ber
si ent
CITY OF ELGIN, a municipal
corporation
By J
ock
Mayor
Attest:54,4—
City Clerk
City Of Elgin Agenda Item No.
March 8, 2002
TO: Mayor and Members, of the City Council
RECREATIONAL LEISURE
ANO CULTURAL OPPORTV NITIES
FROM: Olufemi Folarin, Interim City Manager PORALL CITIZ ENS
SUBJECT: Purchase of Service Agreement with
Elgin Proud and 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 and Beautiful (EPB) .
BACKGROUND
Elgin Proud and Beautiful, a local affiliate of the national Keep
• America Beautiful , Inc . , conducts activities that promote
beautification, litter prevention, waste reduction and recycling
throughout the community. The City of Elgin has contributed funds
to Elgin Proud and Beautiful for several years .
Attached is the Purchase of Service Agreement which outlines a list
of proposed EPB activities to benefit Elgin during the course of
the year. Requirements of the 2001 Purchase of Service Agreement
have been fulfilled.
Activities. for 2002 will include planning and coordination of the
annual city-wide clean-up, planting projects, volunteer
recruitment, participating at various community events to promote
anti-litter and recycling and promotion of City of Elgin programs
for recycling and hazardous household waste disposal .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
In the 2002 Budget there is $6, 000 budgeted in the Riverboat Fund,
account number 275-0000-791 . 80-07, to cover the proposed agreement .
•
• Elgin Proud and Beautiful Purchase Agreement
March 8, 2002
Page 2
LEGAL IMPACT
one .
ALTERNATIVES
The City Council could approve the agreement as drafted, edit the
agreement or decline to provide support to the Elgin Proud and
Beautiful program.
RECOMMENDATION
It is recommended that the Mayor and City Council authorize the
approval of the Purchase of Service Agreement with Elgin Proud and
Beautiful , Inc . in the amount of $6 , 000 .
Respectfully submitted,
• Olufemi lari
Inter ' it anager
DKN/od
Attachment
•