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03-75 Resolution No . 03-75 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SENIOR SERVICES ASSOCIATE'. , INC . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonla 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. to provide suppo t for programs assisting senior citizens, a copy of which is attached hereto and made a part hereof by reference. /s Ed Schock Ed Schack, Mayor Presented: March 12 , 2003 Adopted: March 12 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGR:EMENT THIS AGREEMENT is made and entered i to this 2. day of jA444 2003 by and between SENIOR SERVI ES ASSOCIATES, Inc. , an Illinois not-for-profit corporation, (he .einafter referred to as the "SENIOR SERVICES" ) and the CITY OF ELG N, Illinois, a municipal corporation, (hereinafter referred to as he "CITY" ) WHEREAS, the City has determined i to serve a beneficial public purpose to provide support for p, ograms assisting senior citizens; and WHEREAS, Senior Services has provid=d services to seniors in the community since 1973 ; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the suffici-ncy of which is hereby acknowledged, the parties hereto hereby -gree as follows: 1 . Senior Services shall provide a budget which shall reflect the projected distribut on of funds received from the City during the term of thi: Agreement within thirty days of the execution of this .agreement . 2 . The City shall pay to Senior Se, ices the sum of $20, 000 payable in two equal instal ments of $10, 000 each. Payments shall be made upon ritten request from the Senior Services. Senior Servi. es shall not be entitled to any payment in excess of sai.; $20, 000 pursuant to this Agreement . The second install ent payment shall be made only after receipt of the written report required as provided for in Section 3 .h. 3 . Senior Services shall perform he following services to the City' s satisfaction. a. Senior Services shall -pply the aforementioned $20, 000 to "operation ex„enses" . For purposes of this Agreement, "operati.n expenses" shall include salary and benefit a penses, rent, facility maintenance expenses, meeting expenses, and expenses associated with sponsorship of community events/activities . b. Senior Services shall con inue to coordinate the Neighbor to Neighbor progr-m matching volunteers to seniors needs. Senior •ervices shall actively promote the Neighbor to Nei•hbor program throughout the community including ou reach to City staff and neighborhood groups . c . Senior Services shall develop at least one intergenerational program ' n conjunction with the City' s Park and Recreation Department . d. Senior Services, cooperati g with the City' s Police Department, shall offer t e Triad program designed to reduce the criminal ictimization of senior citizens and enhance the delivery of law enforcement services to s=nior citizens. e. Senior Services shall .rovide information and assistance to Elgin resid-nts requiring access to City services . f . Senior Services shall work with the City to provide Senior volunteers to assis with City and community events . g. Senior Services shall pro ide two written reports detailing the disbursem=nt of $20, 000 . These reports shall be provide• to the City Council by May 31, 2003, and Dece •er 31, 2003, and shall include all program activ' ty. These report' s shall be submitted to the Citi Manager' s Office, 150 Dexter Court, Elgin, IL, .0120 . h. Senior Services shall pr.vide City with financial statements relative to ' he organization' s total operations. These statem-nts shall be provided on or before July 31, 2003 a d December 31, 2003 . i . Failure to perform the above services to the satisfaction of the City ouncil shall result in a termination of this Agree ent and the refund of the $20, 000 consideration =s and for liquidated damages . 4 . The City shall have the right to review all accounting records related to the use of the $20, 000 provided for herein upon 72 hours written notice, and at a reasonable time agreed upon by both partes hereto. 5 . The City shall be recognized . s a sponsor of Senior Services and shall receive the •enefits of sponsorship consistent with the level of support provided. At minimum, the City' s support shall be acknowledged in the Annual Report and WEB page infor ation. Samples of this acknowledgment shall be provide. to the City. 6 . To the fullest extent permitted by law, Senior Services agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, s its, judgements, costs, attorney' s fees, damages or oth-r relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Senior Services officers, employees or .:gents in the performance of this agreement . In the evert of any action against the City, its officers, emplo ees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such _ction shall be defended by legal counsel of the City' s •hoosing. The provisions of this paragraph shall surviv- any termination and/or expiration of this Agreement. 7 . This Agreement shall be in full force and in effect from the date of its execution thro gh December 31, 2003 . 8 . Senior Services shall address all inquiries and requests pursuant to this Agreement to City' s Management Assistant . 9. This Agreement shall not be co strued so as to create a partnership, joint venture, e 1•loyment or other agency relationship between the parti:s hereto. 10 . The terms of this Agreement sh•: 11 be severable. In the event any of the terms or pro isions of this Agreement shall be deemed to be void or o•herwise unenforceable for any reason, the remainder of t is Agreement shall remain in full force and effect . 11 . This Agreement shall be subje•t to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforce ent of any rights arising out of or in connection with t is Agreement shall be in the Circuit Court of Kane Cou ty, Illinois. 12 . This Agreement is the sole agree ent between the parties hereto. There are no other ag, eements either oral or written, which shall effect the terms or performance of this agreement. This Agreement :hall not be modified or amended without the written agreement of the parties hereto. 13 . Time is of the essence of this ,.greement . 14 . In the event the program for which the City funds provided herein are to be app ied is discontinued or Senior Services ceases its oper.:tions prior to December 31, 2003 , Senior Services shall refund to the City on a pro rata basis the funds paid h-reunder for the portion of , the year such program or itc operations were to be conducted. IN WITNESS WHEREOF, the parties hereto hair: executed this Agreement on the date and year written above . CITY IF ELGIN a mun' cipal corporation By ._ �. Ed 'chock May.r Attest : City Clerk SENIO" SERVICES ASSOCIATED, INC, a not for-profit corporation By Bet e Schoenholtz Executive Director • OF E y �25 City of Elgin Agenda Item No. C.. , . 4) ILE L 1 February 21, 2002 G -�-- N TO: Mayor and Members of City CounciRECREATIONAL LEISURE ANC,CULTURAL OPPORTUNITIES FROM: Olufemi Folarin, Acting City Manager SUBJECT: Purchase of Service Agreement wish Senior Services Associates PURPOSE The purpose of this memorandum is to pro ide information to the Mayor and members of City Council to consider a Purchase of Service Agreement with the Senior Services Associates, Inc. for 2003 . BACKGROUND Senior Services Associates, Inc. was fo nded in 1973 for the purpose of meeting the needs of the community' s older adult population. Senior Services provides as-istance to over 2 , 000 older adults from Elgin each year. hese services include recreation, transportation, home deliver.d meals, assistance in accessing public benefits, adult day car: and in-home services. Senior Services helps to assess the health, financial and housing needs of seniors 60 and older. Financial support for Senior Services in the amount $20, 000 is included in the 2003 budget (funded throu•h the Riverboat Fund) . Senior Services had proposed that theses funds be utilized to support the following programs: • Neighbor to Neighbor - a program matching community volunteers with specific senior need-. . • Triad - an educational program d-signed to reduce the criminal victimization of senior c ' tizens and enhance the delivery of law enforcement services to senior citizens. tom' .. . . er- Senior Services Associates PSA February 21, 2003 Page 2 • Intergenerational programming - Senior Services has proposed working jointly with Parks and Recreation to develop at least one intergenerational programming. • Provide information to Elgin residents requiring access to City services. • Volunteer recruitment for City and community needs. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Senior Services Associates staff. ( /j,j/ IMPACT jINANCIAL Sufficient funds are budgeted and available ($20, 000) in the 2003 Riverboat Fund, Account No. 275-0000-791 . 80-04 , to enter into this contract with Senior Services Associates. \10,114:EGAL IMPACT None. ALTERNATIVES 1 . Approve the Purchase of Service Agreement with Senior Services. 2 . Modify the Purchase of Service Agreement. 3 . Reject the Purchase of Service Agreement. RECOMMENDATION It is recommended that the City Council approve entering into a Purchase of Service Agreement in the amount of $20, 000 with Senior Services Associates. Respectfully submitted, Olufemi Fo arm Interi Ci • • . ager rik DKN/od Attachment