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02-274 Resolution No. 02-274 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH CENTRO DE INFORMACION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, 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 Centro de Informacion for the expansion of its youth- at-risk program, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 24, 2002 Adopted: July 24, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 11th day of July, 2002, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and Centro de Informacion (hereinafter referred to as "Centro") . WHEREAS, the City has determined it to serve a beneficial public purpose to provide support for programs to prevent crime among young Spanish-speaking youth; and WHEREAS, Centro has provided services to at-risk Spanish-speaking youth; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The City shall pay to Centro the sum of $10,000. Payment shall be made within thirty (30) days following the execution of this agreement . 2 . Centro shall perform the following services to the City' s satisfaction: a. Expansion of the "Youth-at-Risk" program to include youth from ages 11-13 and provide services with their families. b. Apply the aforementioned $10, 000 to operation expenses. For purposes of this Agreement, operation expenses shall include salary and benefit expenses, occupancy expenses, mileage, supplies, postage, copies and management and general expenses. c. Coordinate with law enforcement to accept referrals of youth and their families from the Elgin Police Department Juvenile Division, the courts, and schools. d. Provide five weeks of intensive services to youth referred and their families. These services are designed to provide skills, knowledge and support to ensure that the first offense is the last . e. Additional support services consisting of a monthly personal contact and a monthly seminar on such topics as self-esteem, managing stress and anger and parenting. f. Provide a written status report on September 11, 2003, December 11, 2003, March 11, 2003 . A final report shall be provided to the City Council by July 11, 2003, and shall include all program activity. This report shall be submitted to the City Manager's Office, 150 Dexter Court, Elgin, Illinois 60120. g. Centro shall provide the City with financial statements relative to the organization's total operations. These statements shall be provided on or before September 11, 2002. h. Centro warrants that it shall conform to all requirements of law, including but not limited to any and all applicable federal or state statutes and regulations. In the event Centro fails to conform to such regulations and statutes, Centro shall refund the $10, 000 payment made to Centro by the City. 3 . 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. 4. Centro agrees that no person shall, on the grounds of race, color, national origin, sex, age, disability or handicapped status or religion be excluded from participating in, or be denied the benefits of, or be subjected to discrimination under any service, program or activities funded with any portion of the funds received by Centro under this Agreement. 5. City shall have the right to cancel this Agreement by written notice to the Provider, at any time, in City's sole and absolute judgment that the Provider has failed to perform in a timely fashion, any obligation of the Provider under this Agreement. Such written notice from City to Provider shall be effective upon receipt by the Provider and the City shall have no further obligation under this Agreement, whether for the payment of money or otherwise. 6. 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 Provider ceases operations prior to December 30, 2002, Provider shall refund to the City on a prorated basis the funds paid hereunder for the portion of the contract term such program or its operations were to be conducted. 7. This Agreement shall terminate on July 11, 2003 . 8 . To the fullest extent permitted by law, Centro agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Centro in connection herewith, including negligence or omissions of A -_ employees or agents of Centro arising out of 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. 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. Provider shall procure and maintain at all times during the term of this Agreement insurance for comprehensive general liability insurance and bodily injury liability limited (including coverage for mental injury and emotional distress) , not less than One Million Dollars ($1, 000, 000) per occurrence and Two Million Dollars ($2, 000,000) aggregate insuring the Provider and City, and their officers, employees and any volunteer while acting on behalf of the same, against any liability set forth in paragraph A, with companies having at least an "A:" rating in the Best Guide. 11. Provider shall promptly refund to the Purchaser: a. Any payments received by the Provider as a result of any material misrepresentation or fraud contained in any statements, written or oral, made by the Provider or any of its agents, employees or subcontractors to City. Provider acknowledges that payment made under this Agreement is dependent also upon the proper qualifications of Provider' s staff and employees. Material misrepresentation shall include, but not be limited to, the qualifications of Provider, employees, staff and their agents. In addition, material misrepresentation shall also include the failure by Provider to perform a reasonable quality of service which is determined subsequent to payment of Provider' s fee. Said quality of service shall be determined solely by the City of Elgin. b. If at any time, pursuant to this paragraph, Provider owes a refund to City, City may set off same from any monies otherwise due from City to Provider hereunder, in City' s sole discretion. 12 . The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are found to be void or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. 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 arising our. of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above. CITY OF ELGIN By • --- �' - — � - C}ty :na-- ATTEST: (� By City Clerk CENTRO DE INFORMACION By _ % rj' / Its Executive Director F:\Legal Dept\Agreement\PSA-Centro de Info dbl 5-14-02.wpd