03-150 Resolution No. 03-150
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE
ELGIN RECREATION CENTER FOR AN ALTERNATIVE TO SUSPENSION PROGRAM
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
Recreation Center for an Alternative to Suspension Program, a copy
of which is attached hereto and made a part hereof by reference .
s/Ed Schock
Ed Schock, Mayor
Presented: May 28, 2003
Adopted: May 28, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this (1 TH day of utmie,, 2003 by and
between ELGIN RECREATION CENTER, an Illinois not-for-profit corporation,
(hereinafter referred to as the "ERC") 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
alternative to suspension programming for middle school aged youth; and
WHEREAS, ERC has served the Elgin community since 1993; and
WHEREAS, ERC offers our community life changing alternatives to gangs and drugs.
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 ERC the sum of$4,000 within 30 days following the
execution of this agreement.
2. Your Agency shall perform the following services to the City's satisfaction.
a. ERC shall offer and provide an alternative to suspension program for male
middle school students who are suspended for a gang related offense.
b. ERC shall apply the aforementioned $4,000 to start-up costs and program
staff. For the purpose of this agreement, start-up costs will include
program supplies, curriculum, and equipment. Program staff is dedicated
to a once a week art teacher.
c. ERC shall work collaboratively with the Elgin Police Department to
provide middle schools with the program requirements, scheduling
program participants and teaching gang intervention/prevention
information to participants.
d. ERC shall provide a written report at the conclusion of the program
detailing the disbursement of the $4,000 and the accomplishments of the
program. This report shall be provided to the City Council by December
31, 2003. This report should be submitted to the Elgin Police Department,
151 Douglas Street, Elgin, IL 60120.
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e. ERC shall provide city with financial statements relative to the
organization's total operations. These statements shall be provided on or
before December 31, 2003.
f. Failure to perform the above services to the satisfaction of the City
Council shall result in a termination of this agreement and the refund of
the $4,000 consideration as and for liquidated damages.
3. The City shall hove th right to review all accounting records related to the use of
the $4,000 provided for herein upon 72 hours written notice, and at a reasonable time
agreed upon by both parties hereto
4. To the fullest extent permitted by law, ERC 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 or resulting from or through or alleged to arise out of any reckless or negligent acts or
omissions of ERC'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. The provisions of this
paragraph shall survive any termination and/or expiration of this Agreement.
5. This Agreement shall be in full force and in effect from the date of its execution
through December 31, 2003.
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.
S. 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 is the sole agreement between the parties hereto. There are no
other agreements either oral or written, which shall effect the terms or performance of
this agreement. This agreement shall not be modified or amended without the written
agreement of the parties hereto.
10. Time is of the essence of this agreement.
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11. In the event the program for which the City funds provided herein are, to be
applied is discontinued or ERC ceases its operations prior to December 31, 2003, ERC
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
a Municipal Corporation
2:;,:rec_Zz
Ed Schock Mayor
Attest:
City Clerk
ELGIN RECREATION CENTER
a not-for-profit corporation
(4,0-i..e.(7/17 /72/16>Ptee
Christine M. Mitchell
Executive Director
\cV OF E4Ci
City of Elgin Agenda Item No.
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May 9, 2003
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SAFE COMMUNITY
TO: Mayor and Members of the City Council
FROM: David M. Dorgan, City Manager 110'
Deputy Chief James Burns
SUBJECT: Purchase of Service Agreement with Elgin Recreation
Center for the Alternative to Suspension Program
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
approval of a second Purchase of Service Agreement with the
Elgin Recreation Center under the US Department of Justice Block
Grant 2002 .
BACKGROUND
On December 18 , 2002 , the City Council approved the
recommendations of the Elgin Gang and Drug Task Force for the
distribution of funds under the US Department of Justice (USDOJ)
Local Law Enforcement Block Grant 2002 . The recommendations
included Purchase of Service Agreements with the Elgin
Recreation Center for a Kids Alternatives to Suspension Program
(KAPS) . Staff has worked with the Elgin Recreation Center (ERC)
to develop a purchase of service agreements for this program
that is in keeping with Elgin City policy and the Department of
Justice guidelines . This agreement is complete and ready for
approval . An agreement was approved with ERC on April 2 , 2003
under the same Federal Grant for an After School Program in the
amount of $11, 000 .
This agreement requires quarterly reporting on their activity,
as required by the United States Department of Justice Grant .
/ft. PSA for ERC from USDOJ Block Grant 2002
May 9, 2003
Page 2
This agreement is funded through a United States Department of
Justice Local Law Enforcement Block Grant, which requires a City
match of 10 percent of all funded programs .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
This program was received through an open application process
and public hearing held under the guidance of the Department of
Justice by the Elgin Gang and Drug Task Force .
pk.....
FINANCIAL IMPACT
There are sufficient funds budgeted ($51, 536 . 00) and available
($26, 535 . 81) in the Bureau of Justice Grant Fund, account number
252-0000-791 . 30-99, Professional Services/Miscellaneous for the
contract with the Elgin Recreation Center ($4 , 000) , for the Kids
Alternative to Suspension Program.
Y491//LEGAL IMPACT
The Legal Department has reviewed the Purchase of Service
Agreement .
ALTERNATIVES
1 . The City may choose not to enter into these agreements and
return the grant funds to the United States Department of
Justice for re-distribution.
2 . The City may add additional requirements or restrictions
for the use of these funds in keeping with the guidelines
from the United States Department of Justice.
RECOMMENDATION
It is recommended that the City Council approve the Purchase of
Service Agreement with the Elgin Recreation Center in the amount
of $4, 000 .
Respectfully submitted for Council consideration.
JJB/j j b
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this day of . 2003 by and
between ELGIN RECREATION CENTER, an Illinois not-for-profit corporation,
(hereinafter referred to as the "ERC") 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
alternative to suspension programming for middle school aged youth; and
WHEREAS. ERC has served the Elgin community since 1993; and
WHEREAS, ERC offers our community life changing alternatives to gangs and drugs.
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 ERC the sum of S4,000 within 30 days following the
execution of this agreement.
2. Your Agency shall perform the following services to the City's satisfaction.
a. ERC shall offer and provide an alternative to suspension program for male
middle school students who are suspended for a gang related offense.
b. ERC shall apply the aforementioned $4,000 to start-up costs and program
staff. For the purpose of this agreement, start-up costs will include
program supplies, curriculum, and equipment. Program staff is dedicated
to a once a week art teacher.
c. ERC shall work collaboratively with the Elgin Police Department to
provide middle schools with the program requirements, scheduling
program participants and teaching gang intervention/prevention
information to participants.
d. ERC shall provide a written report at the conclusion of the program
detailing the disbursement of the S4,000 and the accomplishments of the
program. This report shall be provided to the City Council by December
31, 2003. This report should be submitted to the Elgin Police Department,
151 Douglas Street, Elgin, IL 60120.
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e. ERC shall provide city with financial statements relative to the
organization's total operations. These statements shall be provided on or
before December 31, 2003.
f. Failure to perform the above services to the satisfaction of the City
Council shall result in a termination of this agreement and the refund of
the$4,000 consideration as and for liquidated damages.
3. The City shall have the right to review all accounting records related to the use of
the S4,000 provided for herein upon 72 hours written notice, and at a reasonable time
agreed upon by both parties hereto
4. To the fullest extent permitted by law, ERC 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 or resulting from or through or alleged to arise out of any reckless or negligent acts or
omissions of ERC'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. The provisions of this
paragraph shall survive any termination and/or expiration of this Agreement.
5. This Agreement shall be in full force and in effect from the date of its execution
through December 3I, 2003.
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.
S. 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 is the sole agreement between the parties hereto. There are no
other agreements either oral or written, which shall effect the terms or performance of
this agreement. This agreement shall not be modified or amended without the written
agreement of the parties hereto.
10. Time is of the essence of this agreement.
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11. In the event the program for which the City funds provided herein are, to be
applied is discontinued or ERC ceases its operations prior to December 31, 2003, ERC
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
a Municipal Corporation
Ed Schock Mayor
Attest:
City Clerk
ELGIN RECREATION CENTER
a not-for-profit corporation
Christine M. Mitchell
Executive Director