03-89 Resolution No. 03-89
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
SCHOOL DISTRICT U-46 FOR THE 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 School
District U-46 for the 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: April 2 , 2003
Adopted: April 2 , 2003
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
s-rH- APea.
THIS AGREEMENT is made and entered into this lday ofd+;2003 by and between SCHOOL
DISTRICT U-46, an Illinois school district(hereinafter referred to as "U-46") and the CITY OF ELGIN
Illinois, a municipal corporation, (hereinafter referred to as the "CITY").
WHEREAS,U-46 has established the"Alternative to Suspension Program" (hereinafter referred to as the
"Program") in an effort to allow youth, if appropriate and qualified,to attend counseling and receive
instruction on Saturdays in lieu of being suspended.
WHEREAS, the City has determined it to serve a beneficial public purpose to support an Alternative to
Suspension program.
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 U-46 the sum of$10,000 payable in one installment. The payment shall be
made within 30 days following the execution of this agreement.
2. U-46 shall address all inquiries and requests made pursuant to this agreement to City's
Management Assistant.
3. U-46 shall perform the following services to the City's satisfaction.
a. U-46 shall apply the aforementioned$10,000 to operation expenses. For purposes of this
Agreement, operation expenses shall include salary and benefit expenses, facility
maintenance expenses,meeting expenses, and expenses associated with the program.
b. U-46 shall provide an Alternative to Suspension program for students in grades 4— 12 on
consecutive Saturdays from 8:00 a.m to 12:00 noon commencing April, 2003 through
March, 2004.
c. U-46 shall require attendance of parents of suspended students in the program for one
Saturday morning.
d. U-46 shall coordinate the lesson presented to students and parents by law enforcement
officers.
e. U-46 shall provide two written reports detailing the disbursement of 510,000. These
reports shall be provided to the City Council by May 31, 2003, and January 31, 2004, and
shall include all program activity. These reports shall be submitted to the City Manager's
Office, 150 Dexter Court, Elgin, IL, 60120.
f. U-46 shall provide City with financial statements relative to the funding disbursed.
These statements shall be provided on or before January 31, 2004.
4. 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.
5. U-46 shall indemnify and hold City harmless from and against any and all claims for damages,
suites,causes of action or any and all other liability which may arise out of or in connection with
the performance of this agreement or other operations as result of any negligent actions by U-46,
any of its agents, employees or officials. 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.
6. This Agreement shall be in full force and in effect from the date of its execution through January
31, 2004.
7. This Agreement shall not be construed so as to create a partnership,joint venture, employment or
other agency relationship between the parties hereto.
8. 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 to any reason, the remainder of
this agreement shall remain in full force and effect.
9. 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.
10. 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.
11. Time is of the essense of this agreement.
12. In the event the program for which the City funds provided herein are to be applied is
discontinued or U-46 ceases its operations prior to January 31, 2004,U-46 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.
13. It is understood that a portion of the funds being paid by the City to U-46 pursuant to this
Agreement have been received by the City as part of a United States Department of Justice grant
program. U-46 shall comply with all applicable regulations, guidelines and requirements relative
to the use of such grant funds and same are incorporated in this Agreement as if set forth fully
herein.
14. The United States Department of Justice shall be recognized as the primary sponsor and the City
shall be recognized as a secondary sponsor of the Program. At a minimum, the Justice
Department's and City's support shall be acknowledged in the Annual Report and"Web page" of
U-46. Samples of this acknowledgement shall be provided to the City.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written
above.
CITY OF ELGIN SCHOOL DISTRICT U-46
A Municipal Corporation An Illinois School District
16--/#6
Connie Neale
Ed Schock,Mayor Superintendent
Attest:
City Clerk