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04-49 Resolution No. 04-49 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,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 Senior Services Associates,Inc.to provide support for programs assisting senior citizens,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 25, 2004 Adopted: February 25, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT BETWEEN SENIOR SERVICES ASSOCIAT*S, INC. AND THE CITY OF ELGIN THIS AGREEMENT is made and entered into thissh, 4ay o ,�1,�2004, by and between SENIOR SERVICES ASSOCIATES,INC.,an Illinois not-for-profit c rporation, (hereinafter referred to as the "SENIOR SERVICES") and the CITY OF ELGIN, a municipal corporation (hereinafter referred to as the "CITY"). 1 WHEREAS, the City has determined it to serve a benefici4l public purpose to provide support for programs assisting senior citizens; and WHEREAS,Senior Services has provided services to senior in the community since 1973; NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Senior Services shall provide a budget which shall rflect the projected distributionof funds received from the City during the term of this Agreem�nt within thirty days of the execution of this agreement. 2. The City shall pay to Senior Services the sum of$15, 00 payable in two equal installments of $7,600 each. Payments shall be made upon written r quest from Senior Services by June 30, 2004 and December 31,2004. Senior Services shall n t be entitled to any payment in excess of said$15,200 pursuant to this Agreement. The secon installment payment shall be made only after receipt of the written report required as provide for in Section 3h. 1 3. Senior Services shall perform the following services ttheCity's satisfaction. a. Senior Services shall apply the aforementioned $15,200 to "operation expenses." For purposes of this Agreement,"operation expenses"Ishall include salary and benefit expenses, rent, facility maintenance expenses, meeting expenses, and expenses associated with sponsorship of community events/activities. I b. Senior Services shall continue to coordinate theIeighbor to Neighbor program matching volunteers to seniors' needs. Senior Services s all actively promote the Neighbor to Neighbor program throughout Elgin including outreach to City staff and neighborhood groups. c. Senior Services shall develop at least one intergenerational program in conjunction with the City's Parks and Recreation Department. d. Senior Services, cooperating with the City's P lice Department, shall offer the Triad program designed to reduce the criminal victimi ation of senior citizens and enhance the delivery of law enforcement services to senior ci izens. e. Senior Services shall provide information and assistance to Elgin residents requiring access to City services. f. Senior Services shall work with the City to provide senior volunteers to assist with City and community events. g. Senior Services shall provide two written reportsetailing the disbursement of the$15,200. These reports shall be provided to the City Council by May 31, 2004, and December 31, 2004, and shall include all program activity. Thelse reports shall be submitted to the City Manager's Office, 150 Dexter Court, Elgin, IL, 60120. h. Senior Services shall provide City with financial tatements relative to the organization's total operations. These statements shall be p ovided on or before July 1, 2004 and December 31, 2004. i. Failure to perform the above services to the satisfction of the City Council shall result in a termination of this Agreement and the refund 4f the $15,200 consideration as and for liquidated damages. 4. The City shall have the right to review all accounting ecords related to the use of the$15,200 provided for herein upon 72 hours written notice,and at a reasonable time agreed upon by both parties hereto. 5. The City shall be recognized as a sponsor of Senior Services and shall receive the benefits 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 information. Samples of this acknowledgement shall be provided to the City. 6. To the fullest extent permitted by law, Senior Servic s agrees to indemnify, defend and hold harmless the City,its officers,employees,boards and ommissions from and against any and all claims,suits,judgements,costs,attorney's fees,dama es or other relief arising out of or resulting from or through or alleged to arise out of any reckles or negligent acts or omissions of Senior Services officers,employees or agents in the performa ce of this agreement. In the event of any action against the City, its officers, employees, age ts, boards or commissions covered by foregoing duty to indemnify,defend and hold harmle s,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. 7. This Agreement shall be in full force and in effect'from the date of its execution through December 21, 2004. 8. Senior Services shall address all inquiries and request pursuant to the Agreement to the City's Recreation and Facilities Superintendent, Maria Cupata 9. This Agreement shall not be construed so as to create a partnership,joint venture,employment or other agency relationship between the parties her to. 10. The terms of the Agreement shall be severable. In t e event any of the terms or provisions of this Agreement shall be deemed to be void or othe wise unenforceable for any reason, the remainder of this Agreement shall remain in full fore and effect. 11. This agreement shall be subject to and governed by te laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of,ny 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 th parties hereto. There are no other agreements either oral or written,which shall effect thci terms or performance of this agreement. This Agreement shall not be modified or amended witiout 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 fund provided herein are to be applied is discontinued or Senior Services ceases its operatio s prior to December 31, 2004, Senior Services shall refund to the City on a pro rata basis th funds paid hereunder for the portion of the year such program or its operations were to be co ducted. IN WITNESS WHEREOF,the parties hereto have executed';'this Agreement on the date and year first written above. CITY OF ELGIN, a municipal corporation Bye �. d•Lr-47'"' David Dorgan City Manager Attest: L) a N Delonna Mecum City 1 k \ett , -it,t Arc 6t°0.) C*-6,0-iod-- SENIOR SERVIC S ASSOCIATES, INC. A not-for-profit c rporation By __ gr- ,, -. -- Bette Schoenhsltz Executive Dire tor City g0� E I I'1 Agenda Item No. February 6, 2004 TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager • Monica Meyers, Director of Parks and Recreation SUBJECT: Purchase of Service Agreement with Senior Services Associates PURPOSE The purpose of this memorandum is to provide the Mayor 4nd members of City Council with information to consider a Purchase of Service Agreement with the Senior Services, Inc. for 2004. RECOMMENDATION It is recommended that the City Council approve entering into a Purchase of Service Agreement in the amount of$15,200 with Senior Services Associates. BACKGROUND Senior Services Associates, Inc. was founded in 1973 for the 'urpose of meeting the needs of the community's older adult population. Senior Services provi es assistance to over 2,000 older adults from Elgin each year. These services include recreati n, transportation, home delivered meals, assistance in accessing public benefits, adult day ce and in-home services. Senior Services helps to assess the health, financial and housing need7of seniors 60 and older. Financial support for Senior Services in the amount $15,200 is included in the 2004 budget (funded through the Riverboat Fund). Senior Services had proposed that these funds be utilized to support the following programs: • Neighbor to Neighbor - a program matching community volunteers with specific senior needs. • Triad - an educational program designed to reduce the criminal victimization of senior citizens and enhance the delivery of law enforcement services to senior citizens. • Intergenerational programming - Senior Services has proposed working jointly with Parks and Recreation to develop at least one intergenerational program. Purchase of Service Agreement with Senior Services Associates February 6, 2003 Page 2 • 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. FINANCIAL IMPACT AA There are sufficient funds budgeted and available ($15,200) in the 2004 Riverboat Fund, Account No. 275-0000-791.80-04, to enter into this contract with Senior Services Associates. VrACKAL IMPACT None. ALTERNATIVES rk 1. Approve entering into a Purchase of Service Agreement in the amount of$15,200 with Senior Services. 2. Modify agreement entering into a Purchase of Service Agreement in the amount of $15,200 with Senior Services. 3. Reject entering into a Purchase of Service Agreemeit in the amount of $15,200 with Senior Services. Respectfully submitted for Council consideration. (vc) PURCHASE OF SERVICE AGREEMENT BETWEEN SENIOR SERVICES ASSOCIATES, INC. AND THE CITY OF ELGIN! THIS AGREEMENT is made and entered into this______day of ,2004,by and between SENIOR SERVICES ASSOCIATES,INC.,an Illinois not-for-profit corporation,(hereinafter referred to as the "SENIOR SERVICES") and the CITY OF ELGIN, a municipal corporation (hereinafter referred to as the"CITY"). WHEREAS,the City has determined it to serve a beneficial public purpose to provide support for programs assisting senior citizens; and WHEREAS,Senior Services has provided services to seniors in the community since 1973; NOW, THEREFORE, in consideration of the mutual ptomises and covenants contained herein,the sufficiency of which is hereby mutually acknowledge ,the parties hereto hereby agree as follows: 1. Senior Services shall provide a budget which shalleflect the projected distributionof funds received from the City during the term of this Agreement within thirty days of the execution of this agreement. 2. The City shall pay to Senior Services the sum of $15,200 payable in two equal installments of $7,600 each. Payments shall be made upon written request from Senior Services by June 3o,2004 and December 311,2004. Senior Services shall not be entitled to any payment in excess of said $15,200 pursuant to this Agreement. The second installment payment shall be made only after receipt of the written report required as provided for in Section 3h. 3. Senior Services shall perform the following services to the City's satisfaction. a. Senior Services shall apply the aforementione $15,200 to"operation expenses." For purposes of this Agreement, "operation xpenses" shall include salary and benefit expenses, rent, facility maintenance expenses, meeting expenses, and expenses associated with sponsorship of community events/activities. b. Senior Services shall continue to coordinate t e Neighbor to Neighbor program matching volunteers to seniors'needs. Senior ervices shall actively promote the Neighbor to Neighbor program throughout El in including outreach to City staff and neighborhood groups. c. Senior Services shall develop at least one interg nerational program in conjunction with the City's Parks and Recreation Department . d. Senior Services,cooperating with the City's Police Department,shall offer the Triad program designed to reduce the criminal victimization of senior citizens and enhance the delivery of law enforcement services to senior citizens. e. Senior Services shall provide information 4nd assistance to Elgin residents rrequiring access to City services. f. Senior Services shall work with the City to provide senior volunteers to assist with City and community events. r g. Senior Services shall provide two written reports detailing the disbursement of the $15,200.These reports shall be provided to the City Council by May 31,2004,and December 31,2004,and shall include all progr m activity. These reports shall be submitted to the City Manager's Office, 150 Deer Court, Elgin, IL, 60120. h. Senior Services shall provide City with financial statements relative to the organization's total operations. These statements shall be provided on or before July 1, 2004 and December 31, 2004. i. Failure to perform the above services to the satisfaction of the City Council shall result in a termination of this Agreement 'sand the refund of the $15,200 consideration as and for liquidated damages. 4. The City shall have the right to review all accounting records related to the use of the $15,200 provided for herein upon 72 hours written notice, and at a reasonable time agreed upon by both parties hereto. 5. The City shall be recognized as a sponsor of Sefor Services and shall receive the benefits of sponsorship consistent with the level of upport provided. At minimum,the City's support shall be acknowledged in the Annual eport and WEB page information. Samples of this acknowledgement shall be provided 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, beards and commissions from and against any and all claims,suits,judgements,cost ,attorney's fees,damages or other relief arising out of or resulting from or through o alleged to arise out of any reckless or negligent acts or omissions of Senior Services fficers, 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 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. 7. This Agreement shall be in full force and in effect from the date of its execution through December 21, 2004. 8. Senior Services shall address all inquiries and requests pursuant to the Agreement to the City's Recreation and Facilities Superintendent,Maria Cumpata. 9. This Agreement shall not be construed so as to reate a partnership,joint venture, employment or other agency relationship between the parties hereto. 10. The terms of the Agreement shall be severable. In the event any of the terms or provisions of this Agreement shall be deemed to b void or otherwise unenforceable for any reason,the remainder of this Agreement shal remain in full force and effect. ii. This agreement shall be subject to and governed by the laws of the State of Illinois. rh 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 effect 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 Senior Services ceases its opera 'ons prior to December 31, 2004, Senior Services shall refund to the City on a pro rat basis the funds paid hereunder for the portion of the year such program or its operat ons were to be conducted. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN,ii municipal corporation By David Dorgan City Manager Attest: 1 r 1 1 Delonna Mecum City Clerk SENIOR SERVIOES ASSOCIATES,INC. A not-for-profit dorporation By Bette Schoenloltz Executive Dirfctor "F y • LG 'I February 6, 2004 ~ 1 N , 4 TO: Mayor and Members of the City Council NEIGHBORHOOD VITALITY FROM: David M. Dorgan, City Manager Monica Meyers, Director of Parks and Recreation SUBJECT: Purchase of Service Agreement with Senior Services Associates PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider a Purchase of Service Agreement with the Senior Services, Inc. for 2004. RECOMMENDATION It is recommended that the City Council approve entering into a Purchase of Service Agreement in the amount of$15,200 with Senior Services Associates. BACKGROUND Senior Services Associates, Inc. was founded in 1973 for the purpose of meeting the needs of the community's older adult population. Senior Services provides assistance to over 2,000 older adults from Elgin each year. These services include recreation, transportation, home delivered meals, assistance in accessing public benefits, adult day care, 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 $15,200 is included in the 2004 budget (funded through the Riverboat Fund). Senior Services had proposed that these funds be utilized to support the following programs: • Neighbor to Neighbor - a program matching community volunteers with specific senior needs. • Triad - an educational program designed to reduce the criminal victimization of senior citizens and enhance the delivery of law enforcement services to senior citizens. • Intergenerational programming - Senior Services has proposed working jointly with Parks and Recreation to develop at least one intergenerational program. Purchase of Service Agreement with Senior Services Associates February 6, 2003 Page 2 • 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. FINANCIAL IMPACT There are sufficient funds budgeted and available ($15,200) in the 2004 Riverboat Fund, account number. 275-0000-791.80-04, to enter into this contract with Senior Services Associates. LEGAL IMPACT None. ALTERNATIVES 1. Approve entering into a Purchase of Service Agreement in the amount of $15,200 with Senior Services. 2. Modify agreement entering into a Purchase of Service Agreement in the amount of $15,200 with Senior Services. 3. Reject entering into a Purchase of Service Agreement in the amount of $15,200 with Senior Services. Respectfully submitted for Council consideration. (vc) Attachment