02-277 Resolution No. 02-277
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
SCHOOL DISTRICT U-46
(Ellis Middle School)
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 School District U-46 for partial funding for
additional lighting at Ellis Middle School, 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
r s
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 School District U-46, an Illinois
school district and unit of local government (hereinafter referred to as
"U-46") .
WHEREAS, City has determined it to serve a beneficial public purpose
to provide support for programs assisting students and families who have
been determined to be "at risk"; and;
WHEREAS, U-46 has provided services to families in the community
since 1952; 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 U-46 the sum of $2, 700.00. Payment
shall be made within thirty (30) days following the execution of this
agreement.
2 . U-46 shall perform the following services to the City' s
satisfaction:
a. Install at the Ellis Middle School the following
equipment as school safety measures: exterior
lighting in three (3) different areas of the
building; and install two (2) telephones on the
third floor.
b. Provide one written report detailing the
disbursement of $2, 700 .00. This report shall be
provided to the City by September 30, 2002, and
before the termination of this grant period or
before 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 .
c. Provide the City with financial statements relative
to the organization' s total operations. These
statements shall be provided on or before
September 30, 2002 .
3 . Failure to perform the above services to the satisfaction of
the City shall result in a termination of this agreement and the refund of
the $2, 700.
4 . The City shall have the right to review all accounting records
related to the use of the $2, 700 .00, provided for herein upon 72 hours
written notice and at a reasonable time agreed upon by both parties
hereto.
5. To the fullest extent permitted by law, U-46 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 U-46 in connection herewith, including negligence or omissions of
employees or agents of U-46 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.
6. This agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency relationship
between the parties hereto.
7. 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.
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
enforcement of any rights arising out of or in connection with this
agreement shall be in the Circuit Court of Kane County, Illinois.
9. This agreement shall terminate on July 11, 2003 .
10. In the event the services for which the City funds provided
herein are to be applied are discontinued or Ellis Middle School ceases
its operations prior to December 31, 2002, U-46 shall refund to the City
on a pro rated basis the funds paid hereunder for the portion of the
Agreement term such services were not provided 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 4F ELGIN
By :41111111..\.
Cit, Manag-
ATTEST:
By
City Clerk
SCHOOL DISTRICT U-46
BY —f
Its , — ' P7., S
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