02-115 esolution No. 02-115
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
SENIOR SERVICES ASSOCIATES, INC.
BE IT RESOLVED BY THE CITY COUNCIL iOF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Doloina Mecum, City Clerk,
be and are hereby authorized and directed' to execute a Purchase
of Service Agreement on behalf of the Cit of Elgin with Senior
Services Associates, Inc . for assistanc programs for senior
citizens, a copy of which is attached h reto 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 :
Dolonna Mecum
D
s/ o a ec m
Dolonna Mecum, City Clerk
e
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered i to this f4 day of
XVI <- , 2002 by and between SENIOR SERVI ES ASSOCIATES, Inc . , an
Illinois not-for-profit corporation, (he2einafter referred to as
the "SENIOR SERVICES" ) and the CITY OF ELG$N, Illinois, a municipal
corporation, (hereinafter referred to as the "CITY" )
WHEREAS, the City has determined i to serve a beneficial
public purpose to provide support for programs assisting senior
citizens; and
WHEREAS, Senior Services has provided services to seniors in
the community since 1973 ; and
NOW, THEREFORE, in consideration ofl the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto hereby gree as follows :
1 . The City shall pay to Senior Services the sum of $20, 000
payable in two equal installme is of $10, 000 each. The
first payment shall be made within 30 days following the
execution of this agreement and rhe second payment before
July 1, 2002 .
2 . Senior Services shall perform the following services to
the City' s satisfaction.
a. Senior Services shall adress all inquiries and
requests made pursuant to this agreement to City' s
Management Assistant .
b. Senior Services shall aiply the aforementioned
$20 , 000 to operation exp nses . For purposes of
this agreement, operatio expenses shall include
salary and benefit ex enses, rent, facility
maintenance expenses, eeting expenses, and
expenses associated with sponsorship of community
events/activities .
c . Senior Services shall continue to coordinate the
Neighbor to Neighbor program matching volunteers to
seniors needs . Senior (Services shall actively
promote the Neighbor to Ne ' ghbor program throughout
the community including o treach to City staff and
neighborhood groups .
d. Senior Services shall 1evelop at least one
intergenerational program lin conjunction with the
City' s Park and Recreation Department .
e . Senior Services, cooperating with the City' s Police
Department, shall offer the Triad program designed
to reduce the criminal victimization of senior
citizens and enhance the delivery of law
enforcement services to senior citizens .
f . Senior Services shall provide information and
assistance to Elgin resid nts requiring access to
City services .
g. Senior Services shall work with the City to provide
Senior volunteers to assist with City and community
events .
h. Senior Services shall proiride two written reports
detailing the disburseme' t of $20, 000 . These
reports shall be provided to the City Council by
May 31, 2002 , and Dece er 31, 2002 , and shall
include all program activi y. These report' s shall
be submitted to the Cit Manager' s Office, 150
Dexter Court, Elgin, IL, 0120 .
i . Senior Services shall protide City with financial
statements relative to t e organization' s total
operations. These statem nts shall be provided on
or before July 31 , 2002 a d December 31, 2002 .
j . Failure to perform the above services to the
satisfaction of the City ouncil shall result in a
termination of this agreement and the refund of the
$20, 000 consideration as and for liquidated
damages .
3 . The City shall have the right to review all accounting
records related to the use of jthe $20 , 000 provided for
herein upon 72 hours written noice, and at a reasonable
time agreed upon by both parti s hereto.
4 . To the fullest extent permitted by law, Senior Services
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,
judgements, costs, attorney' s fees, damage or other
relief arising out of negligence, acts or omissions of
Senior Services or its officers'„ employees or agents in
the performance of this agreement or operations found
pursuant to this agreement . ' Nothing herein affects
Senior Services' duty to defend ,the City. In the event of
any action against the City, 4.ts 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.
5 . This Agreement shall be in full ;l' force and in effect from
the date of its execution throulgh December 31, 2002 .
6 . This agreement shall not be co strued so as to create a
partnership, joint venture, em loyment or other agency
relationship between the parti s hereto.
7 . The terms of this agreement sh 11 be severable . In the
event any of the terms or provisions of this agreement
shall be deemed to be void or of erwise unenforceable for
any reason, the remainder of th' s agreement shall remain
in full force and effect .
8 . 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 enforcem nt of any rights arising
out of or in connection with t is agreement shall be in
the Circuit Court of Kane County, Illinois .
9 . This agreement is the sole agre ment between the parties
hereto. There are no other a reements either oral or
written, which shall effect th terms or performance of
this agreement . This agreemen shall not be modified or
amended without the written greement of the parties
hereto.
10 . Time is of the essence of this agreement .
11 . In the event the program for which the City funds
provided herein are to be ap lied is discontinued or
Senior Services ceases its ope ations prior to December
31, 2002 , Senior Services shal refund to the City on a
pro rata basis the funds paid ereunder for the portion
of the year such program or its operations were to be
conducted.
�•
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the date and year written above .
CITY OF ELGIN
a municipal corporation
d S he-
Mayor
Attest :
4)reL—CL
City Clerk
SENIOR SERVICES ASSOCIATED, INC,
a notHfor-profit corporation
Bette Schoeholtz
Executive Director
� OFE4c,
1,g City of Elgin
Agenda Item No.
R1 •
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March 8, 2002 I 4. off l
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FINANCIALLY STABLE CITY GOVERNMENT
TO: Mayor and Members of the City Council
EFFICIENT INFRASE RVK STRUCTURE AND QUALITY IN FRASTRUCI'URE
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Elgin Symphony Orchestra Support and
Purchase of Service Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to, consider a Purchase of
Service Agreement with the Elgin Symphony Orchestra (ESO) for youth
programming and general operational support .
BACKGROUND
The 2002 budget includes $193 , 000 for ESQ support, with $155, 000
from the Riverboat Fund designated for ESO support and youth
initiatives and $38 , 000 from the General Fund Cultural Arts
Commission budget .
The ESO is the largest orchestra in the state outside of the City
of Chicago. With over 45 , 000 ticketed 1, patrons each year to a
variety of concerts, the presence of ESC} in the community helps
establish Elgin as a regional center for the performing arts . ESO
estimates that approximately 20 , 000 of these patrons are from
Elgin. In addition to these programs, ESO. in partnership with the
City, has provided a variety of program, to school children in
Elgin.
A continued feature of the Symphony' s prpgram is a collaboration
with Hamilton Wings to implement a mu0ic development program
designed to serve at-risk youth. Begun irp 1999, Students Creating
Opera to Reinforce Education (SCORE ! ) Protides the opportunity for
60 at-risk students, age 10 to 13 , to , work with professional
singers, composers, instrumentalists, writers, designers and
theatre technicians to create, develop, produce and perform an
rft. original opera. The ESO will apply $25, 000 of the City' s
contribution to this program.
.. __.
rk Elgin Symphony Orchestra Purchase of Service Agreement
March 8, 2002
Page 2
The contribution will also be applied to general operational
expenses ($63 , 000) and to office and salary expenses ($30 , 000) .
Also, an additional 10 percent discount on Hemmens rental will be
available to ESO if it uses the facility more than 15 times per
year.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Symphony Orchestra.
FINANCIAL IMPACT
(r..._
In the 2002 Budget, there is $193, 000 budgeted in General Fund
account number 010-0902-709 . 80-10 ($38, 000) and Riverboat Fund
account number 275-0000-791 . 80-11 ($155, 000) to cover this
agreement .
LEGAL IMPACT
'ow None .
ALTERNATIVES 1
The City Council could approve the agreerrjent as drafted, edit the
agreement or decline to provide support to ESO.
RECOMMENDATION
It is recommended that the City Council ;, approve the Purchase of
Service Agreement, reflecting a City contribution of $193, 000, with
the Elgin Symphony Orchestra as presented.
Respectfully submitted,
` _ _..ate
Mik
Olufemi Fol .
Inte im C' : u- -.ger
DKN/od
Attachment