02-113 Resolution No. 02-113
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION
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 the
Elgin Symphony Orchestra Association for youth programming and
general operational support, 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 2.7, 2002
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
�1 THIS AGREEMENT is made and entered into this .tn day of
Fot..s..a..„a,r-� , 2002, by and between the ELGIN SYMPHONY ORCHESTRA
ASSOCIATION, a not-for-profit organization, (hereinafter referred to as
the "ESO") and the CITY OF ELGIN, Illinois, a municipal corporation,
(hereinafter referred to as the "CITY") ; and
WHEREAS, The City of Elgin, Illinois has determined it to serve a
beneficial public purpose to maintain the Elgin Symphony Orchestra as
the largest cultural organization in the Fox Valley, the second largest
symphony orchestra in the state and one of the fastest growing
orchestras in the country; and
WHEREAS, The City has further determined it to serve a beneficial
public purpose to assure that its youth are extended a diverse offering
of stimulating activities which provide potential life-long benefit; and
WHEREAS, The ESO provides over 20, 000 tickets each season to
residents of Elgin, draws over 45, 000 ticketed patrons into Elgin each
season and acts as the City' s cultural ambassador via its radio
broadcast series that reaches over one million worldwide listeners; and
WHEREAS, the ESO provides over 13, 000 students each season with
stimulating musical experiences.
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 ESO the sum of $193, 000 on or
before March 1, 2002.
2. The ESO shall address all initial inquiries and requests made
pursuant to- this agreement to the Management Assistant in the
City Manager' s office.
3. The ESO shall apply $75, 000 of the aforementioned $193, 000 to
Youth Initiatives. In exchange, the ESO shall provide youth
programs, including, but not limited to, Anderson. Petite
Musique, Elgin Financial Foundation Kids Konzerts, In-School
Music Program, Apprentice Program, and the Homeschool
Subscription series.
4 . The ESO shall apply $30, 000 to office and salary expenses
related to their location at 20 DuPage Court, including their
box office. In exchange, ESO shall maintain and operate a
box office in the center city area throughout the year.
5. The ESO shall apply $63, 000 to general operational expenses.
6. The ESO shall apply $25, 000 to the SCORE! (Students Creating
Opera to Reinforce Education) program, designed in
conjunction with Hamilton Wings.
7 . The ESO shall provide the City two written reports detailing
the disbursement of $193, 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. These reports shall include, but are not
limited to, a summary of public performance offerings, gross
tickets sold, activities offered for youth, attendance
numbers for said activities, and a breakdown of $30, 000 in
office expenses.
8. ESO 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.
9. The City shall have the right to review all accounting
records related to the use of the $193, 000, given 72 hours
notice, and at a time agreed upon by both parties.
10. The ESO shall be granted an additional loo discount on
Hemmens usage fees, including hall rates, labor and equipment
charges, should it hold more than 15 performances in a
calendar year at the Hemmens Cultural Center.
11. To the fullest extent permitted by law, ESO 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 any reckless or negligent acts
or omissions of ESO' s officers, employees or agents in the
performance of this agreement. 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.
12. This Agreement shall be in full force and effect from the
date of its execution through December 31, 2002.
13. 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.
14 . This agreement shall not be construed so as to create a joint
venture, partnership, employment or other agency relationship
between the parties hereto.
15. 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 or its performance shall be
in the Circuit Court of Kane County, Illinois.
1
CITY OF ELGIN ELGIN SYMPHONY ORCHESTRA ASSOCIATION
By / - By
Ed c oc Michael Pastreich
Mayor Executive Director
Attest:
City Clerk
D City of Elgin Agenda
Item NO.
^ty
February 8, 2002
TO: Mayor and Members of City Council
FROM: Olufemi Folarin, Acting City Manager RECREATIONAL LEISURE
ANC)CULTURAL OPPORTUNITIES
FOR ALL CITIZENS
SUBJECT: Purchase of - Service Agreement with
Senior Services Associates
PURPOSE
The purpose of this memorandum is to provide information to the
Mayor and members of City Council to consider a Purchase of Service
Agreement with the Senior Services Associates, Inc . for 2002 .
BACKGROUND
Senior Services Associates, Inc . was founded in 1973 for -_ the
purpose of meeting the needs of the community' s older adult
population. Senior Services provides assistance for approximately
• 2 , 500 older adults from Elgin each year. These services include
recreation, transportation, home delivered meals, assistance in
accessing public benefits, adult day care and in-home services .
Senior Services helps to assess the health, financial and housing
needs of seniors 60 and older.
Financial support for Senior Services in the amount $20, 000 is
included in the 2002 budget (funded through the Riverboat Fund) .
Senior Services had proposed that this support be utilized to
support the following programs :
• Neighbor to Neighbor - a program matching community volunteers
with specific -senior needs .
Triad - an educational program designed to reduce the criminal
victimization of senior citizens and enhance the delivery of
law enforcement services to senior citizens .
• Intergenerational programming - Senior Services has proposed
working jointly with Parks and Recreation to develop at least
one intergenerational programming. -
• Provide information to Elgin residents requiring access to
city services .
• Volunteer recruitment for City and community needs .
Senior Services Associates PSA
February 8, 2002
• Page 2
COMMUNITY GROUPS .INTERESTED PERSONS CONTACTED
Senior Services Associates staff .
FINANCIAL IMPACT
Funding of $20, 000 is included in the 2002 Budget in account number
275-0000-791 . 80-04 to cover the Purchase of Service Agreement with
Senior Services .
LEGAL IMPACT
one .
ALTERNATIVES
The City Council could approve a Purchase of Service Agreement with
Senior 'Services Associates or .decline to provide support .
RECOMMENDATION
It is recommended that the City Council approve entering into a
Purchase of Service Agreement in the amount of $20, 000 with Senior
Services Associates .
• Respectfully submitted,
Olu emi ari
Actin Ci Manager
DKN/od
Attachment
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