03-76 Resolution No. 03-76
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
HAMILTON WINGS
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 Hamilton
Wings for art-immersion and enrichment activities for at-risk
youth, a copy of which is attached hereto and made a part hereof by
reference .
/s Ed Schock
Ed Schock, 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 AGREEMENT
THIS AGREEMENT is made and entered into this 2 y? . day of m At c u ,
2003, by and between HAMILTON WINGS (hereinafter referred to as"Hamilton
Wings"), an Illinois not-for-profit corporation, and the CITY OF ELGIN, Illinois
(hereinafter referred to as the"City"); and
WHEREAS, the City of Elgin, Illinois has determined that it is desirable to
provide programming which will promote and provide instruction in positive life skills;
and
WHEREAS, the City has further determined it to serve a beneficial public
purpose to assure that its youth are provided a diverse offering of stimulating activities
which provide potential life-long benefits; and
WHEREAS, the City has determined it beneficial to encourage programs which
develop an appreciation and understanding of different art forms for youth; and
WHEREAS, Hamilton Wings has demonstrated success in implementing
programs for youth which promote an appreciation and understanding of different art
forms through which said youth are taught positive life skills.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. The City shall pay to Hamilton Wings an amount not to exceed$25,000 for the
term of this Agreement in two installments of$12,500, the first of which will be
payable on or before March 30, 2003 and July 1, 2003. Payments shall be made
upon written request from Hamilton Wings. Hamilton Wings shall not be entitled
to any payment in excess of said$25,000 pursuant to this Agreement. The second
installment shall be made only after receipt of the written report required as
provided for in Section 5.
2. Hamilton Wings shall conduct SCORE! (Students Creating Opera to Reinforce
Education) a collaborative arts education program targeting at-risk youth between
the ages of 10 and 14. Program shall consist of SCORE! Phase One and
SCORE! Phase Two programs, including a public performance at the end of the
instructional sessions by participating students.
Phase One of the program shall consist of students working directly with
professional singers, actors, composers, instrumentalists,writer, designers and
theatre technicians to create, develop,produce and perform an original opera.
Phase Two of the program involves a examination and refinement of the opera
created under Phase One, and the development of an arts-based community
service project.
Program activities will be completed by July I, 2003.
3. Hamilton Wings shall coordinate with major cultural and arts institutions to
implement SCORE!
4. Hamilton Wings shall provide a budget which shall reflect the projected
distribution of funds received from the City during the term of this Agreement.
within thirty days of execution of this Agreement.
5. Hamilton Wings shall provide the City with two written reports detailing the
all program activities and the disbursement of any and all City funds spent by
Hamilton Wings. These reports shall also include but not be limited to, a
description of programs provided,number of youth served, and demographics of
program participants and program activities. These reports shall be provided to
the City Council by May 31, 2003 and December 31, 2003. These reports shall be
submitted to the City Manager's Office, 150 Dexter Court, Elgin, Illinois 60120.
6. Hamilton Wings shall provide City with financial statements relatives to the
organization's total operations. These statements shall be provided on or before
July 31, 2003 and December 31, 2003.
7. The City shall have the right to review all accounting records related to the use of
the$ 25,000 given 72 hours notice, and at a time agreed upon by both parties.
8. The City of Elgin shall be recognized as a sponsor of Hamilton Wings and shall at
minimum, the City's support shall be acknowledged in print materials promoting
the program or event, radio advertising, WEB page information and event
program(s). Three samples of this acknowledgement shall be provided to the
City.
9. Hamilton Wings shall not apply for or accept financial support from any funding
program administered by a City-appointed board or commission supported by
City funds.
10. To the fullest extent permitted by law, Hamilton Wings 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 any reckless or negligent
acts or omissions of Hamilton Wings' 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.
11. This Agreement shall be in full force and effect from the date of its execution
through December 31, 2003.
12. The term of this Agreement shall be severable. In the event any of the terms or
provisions of this Agreement are deemed to be void or otherwise unenforceable
for any reason, the remainder of this Agreement shall remain in full force and
effect.
13. This Agreement shall not be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto.
14. 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 or its performance shall be in
the Circuit Court of Kane County, Illinois.
CITY OF ELGIN HAMILTON WINGS
BY _ ,f, '/t' By
Ed Schock, Mayor Rise 4 ones ,� a
Exe'utive Director
ATTEST:
/4...,,,.—
Dolonna Mecum, City Clerk