02-65 Resolution No. 02-65
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN ENRICHMENT SERIES
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 Enrichment Series for programs by renowned speakers, a copy
of which is attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: February 27 , 2002
Adopted: February 27, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum _
Dolonna Mecum, City Clerk
i,
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this day
of� , 2002 , by and between the ELGIN ENRICHMENT SERIES,
In , an I linois not-for-profit corporation, (hereinafter referred
to as the "ELGIN ENRICHMENT SERIES" ) and the CITY OF ELGIN,
Illinois, a municipal corporation, (hereinafter referred to as the
"CITY" ) ;
WHEREAS, the City has determined the Elgin Enrichment Series
serves a beneficial public purpose by providing programs that bring
nationally and internationally renowned speakers to Elgin; and
WHEREAS, the Elgin Enrichment Series has served the community
since 1997 , providing presentations on matters of public interest
and relevance to the community; and
WHEREAS, the Elgin Enrichment Series attracts people from
throughout the region and enhances the image of the Elgin
community;
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 Elgin Enrichment Series the sum
of $10 , 000 on or before March 30 , 2002 .
2 . The Elgin Enrichment Series shall address all inquiries
and requests made pursuant to this agreement to City' s
Management Assistant .
3 . The Elgin Enrichment Series shall apply the
aforementioned $10 , 000 to speaker' s fees and promotional
expenses for events . Topics of the events shall be
related to matters of public interest and relevance to
the greater Elgin community.
4 . The Elgin Enrichment Series shall present a minimum of
five events during the 2002 calendar year .
5 . 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.
6 . To the fullest extent permitted by law, Elgin Enrichment
Series 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 any negligence, acts or omissions
of Elgin Enrichment Series or its officers, employees or
agents in the performance of this agreement or operations
funded pursuant to this agreement . Nothing herein
affects Elgin Enrichment Series' 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 .
7 . Elgin Enrichment Series shall provide two written reports
detailing the disbursement of $10 , 000 . These reports
shall be provided to the City Council by May 31 , 2002 and
December 31 , 2002 , and shall include all program
activity. These reports shall be submitted to the City
Manager' s Office, City Hall , 150 Dexter Court , Elgin, IL
60120 .
8 . Elgin Enrichment Series shall provide the 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 . This agreement shall be in full force and in effect from
the date of its execution through December 31 , 2002 .
10 . This agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency
relationship between the parties hereto .
11 . 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 .
12 . 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 .
13 . This agreement is the sole agreement between the parties
hereto . There are no other agreements either oral or
written, which shall affect the terms or performance of
this agreement . This agreement shall not be modified or
amended without the written agreement of the parties
hereto .
14 . Time is of the essence of this agreement .
15 . In the event the program for which the City funds
provided herein are to be applied is discontinued or the
Elgin Enrichment Series ceases its operations prior to
December 31 , 2002 , the Elgin Enrichment Series shall
refund to the City on a pro rata basis the funds paid
hereunder 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 ELGIN ENRICHMENT SERIES, Inc,
a municipal corporation a not-for-profit corporation
By By .
E Schock 0,42,-xu APcACEZSFd
Mayor President
Attest :
Dolonna Mecum, City Clerk
City Of Elgin
Agenda Item No.
February 8, 2002 _
RECREATIONAL LEISURE
TO: Mayor and Members of the City Council ANO CULTUPAL OPPORTUNITIES
FOR ALL C PPI RT
FROM: Olufemi Folarin, Acting City Manager
SUBJECT: Purchase of Services Agreement
with Elgin Enrichment Series
PURPOSE
The purpose of this memorandum is to provide information to the
Mayor and members of the City Council to consider a Purchase of
Service Agreement with the Elgin Enrichment Series .
BACKGROUND
• Since 1997, the Elgin Enrichment Series has brought nationally
renowned speakers to Elgin. Audiences . have been treated to
presentations by recognized experts, including journalists,
humorists, literary figures, health professionals and entertainment
personalities . Speakers have included Morton Dean, Linda Ellerbee,
Rita Moreno, Bill Kurtis, Roger Ebert, Loretta LaRoch and Bob
Mackie . City funds would be applied to speaker fees and
promotional expenses .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
Sufficient funds are budgeted and available ($10, 000) in the
Riverboat Fund, account number 275-0000-791 . 80-12 , to pay for this
agreement .
LEGAL IMPACT
None.
•
Elgin Enrichment Series PSA
February 8, 2002
• Page 2
ALTERNATIVES
The City Council could approve a Purchase of Service Agreement or
decline to provide support to the Elgin Enrichment Series .
RECOMMENDATION
It is recommended that the City Council approve the Purchase of
Service Agreement in the amount of $10 , 000 with the Elgin
Enrichment Series .
Respectfully submitted,
Olufeml F 'arin
Actin Cit ariager
DKN/od
Attachments
•
SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this day of
2000, by and between ELGIN ENRICHMENT SERIES, Inc. , an
Illinois not-for-profit corporation, (hereinafter referred to as
the "ELGIN ENRICHMENT ,SERIES" ) and the CITY OF ELGIN, Illinois, a
municipal corporation, (hereinafter referred to as the "CITY")
WHEREAS, the City has determined it to serve a beneficial
public purpose to provide programs bringing nationally and
internationally renowned speakers to Elgin; and
WHEREAS, the Elgin Enrichment Series has served the community
since 1997, providing presentations on matters of public interest;
and relevant to the community; and
WHEREAS, the Elgin Enrichment Series attracts people from
throughout the region and enhances the image of the Elgin
community;
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 Elgin Enrichment Series the sum
of $10, 000 . The payment shall be made within 30 days
following the execution of this agreement .
2 . The Elgin Enrichment Series shall address all inquiries
and requests made pursuant to this agreement to City' s
Assistant City Manager.
3 . The Elgin Enrichment Series shall apply the
aforementioned $10, 000 to speaker' s fees and -promotional
expenses for the events . Topics of the events shall be
related to matters of public interest and relevance to
the greater Elgin community.
4 . The Elgin Enrichment Series shall present a minimum of
five .events during the year.
S . The Elgin Enrichment Series shall provide a written
report detailing the disbursement of the $10, 000 provided
for herein. This report shall be provided to the City
Council by January 1, 2001 and shall include a
description of program activity including the number and
types of programs offered and the number of participants .
6 . 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 .
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w
7 . To the fullest extent permitted by law, Elgin Enrichment
Series 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,
judgments, costs, attorney' s fees, damage or other relief
arising out of or resulting from or through or alleged to
arise out of any negligence, acts or omissions of Elgin
Enrichment Series or its officers, employees or agents in
the performance of this agreement or operations funded
pursuant to this agreement . Nothing herein affects Elgin
Enrichment Series' 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.
8 . This Agreement shall be in full force and in effect from
the date of its execution through December 31, 2000 .
9 . This agreement shall not be' coristrued so as to create a
partnership, joint venture, employment or other agency
relationship -between the parties hereto.
• 10 . 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 .
11 . 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.
12 . This agreement is the sole agreement between the parties
hereto. There are no other agreements either oral or
written, which shall affect the terms or performance of
this agreement . This agreement shall not be modified or
amended without the written agreement of the parties
hereto.
13 . Time is of the essence of this agreement .
14 . In -the_ event the program for which the City funds
provided herein are to be applied is discontinued or .the
Elgin Enrichment Series ceases its operations prior to
• December 31, 2000, the Elgin Enrichment Series shall
refund to the City on a pro rata basis the funds paid
hereunder for the portion of the year such program or its
-2-
• 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
BY
Ed Schock
Mayor
Attest :
City Clerk
ELGIN ENRICHMENT SERIES, Inc,_
a not-for-profit corporation
• By
Claire Johannesen
President
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