04-91 Resolution No. 04-91
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
ELGIN COMMUNITY NETWORK, 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 Elgin
Community Network, Inc. for the creation of neighborhood area boards that provide a structure for
communication;collaboration and coordination between residents, city staff and elected officials,a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 14, 2004
Adopted: April 14, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
ELGIN COMMUNITY NETWORK OF ELGIN,INC.
AND THE CITY OF ELGIN
THIS AGREEMENT is made and entered into this day of
2004, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter
referred to as "City"), and Elgin Community Network, Inc., an Illinois not-for-profit corporation
(hereinafter referred to'as "ECN").
WHEREAS, the City is committed to neighborhood vitality and promoting civic pride and
involvement within the city limits; and
WHEREAS, ECN is incorporated to promote resident involvement through the creation
of Neighborhood Area Boards that provide a structure for communication, collaboration and
coordination between Elgin residents, city staff and elected officials; and
WHEREAS, City is committed to improving the quality of life for all neighborhoods in
Elgin; and
WHEREAS, City and ECN wish to work cooperatively to promote civic pride and citizen
participation in all neighborhoods throughout Elgin.
NOW, THEREFORE, for and 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. ECN shall actively promote resident participation in neighborhood and civic based
organizations through neighborhood organizing, leadership development, and
community seminars.
2. ECN shall actively solicit neighborhood representation and minority involvement on
the ECN Board of Directors and shall provide assistance to individual neighborhood
organizations in promoting membership in the ECN Neighborhood Area Boards.
3. ECN shall work cooperatively and proactively with city departments to address
quality of life issues in the neighborhoods and partner with city staff in conducting
informational community meetings on subjects of common interest.
4. ECN shall provide organizational assistance to Neighborhood Housing Services to
plan the Fourth Annual Neighborfest Expo events during the week of June 5 to June
12, 2004.
5. ECN shall provide assistance to individual neighborhood organizations with goals
and objectives similar to its own in the dissemination of information to their
respective memberships.
6. ECN shall produce a quarterly newspaper and events calendar, with a minimum
circulation of 10,000, providing the City a minimum of one free page in each issue
for community news and updates.
7. The ECN Board shall meet at least monthly.
8. ECN shall provide the City with two written reports detailing all program activities
and disbursement of any and all City-funds spent by ECN. These reports shall be
provided to the City Council by May 31, 2004 and December 31, 2004. These reports
shall be submitted to the City Manager's Office, 150 Dexter Court, Elgin, Illinois
60120.
9. ECN shall provide the City with financial statements relative to the
organization's total operations. These statements shall be provided on or before July
31, 2004 and December 31, 2004.
10. City shall pay ECN a total amount not to exceed Thirty Five Thousand Three
Hundred Dollars and no/100ths ($35,300.00) for the term of this agreement. Such
money shall be paid in two equal installments each in the amount of$17,650.00. The
first installment of $17,650.00 will be paid to ECN within thirty days of the
execution of this agreement. The second installment of$17,650.00 shall be paid on or
before July 31 provided that the City has received the written report as required in
Sections 8 and 9 of this agreement.
11. ECN shall provide a budget to the City which shall reflect the projected
distribution of funds received from the City during the term of this agreement. The
budget shall be submitted to the City Manager's Office prior to receipt of City funds.
12. Purchase of Service Agreement funds received from the City by ECN shall be used
only for general operating purposes, including but not limited to utility payments,
staff salaries and for those activities expressly set forth in this agreement.
13. Purchase of Service Agreement funds received from the City by ECN shall be
deposited in a general purpose account but not commingled with funds restricted for
special purposes.
14. City shall not be required to make any payment to ECN unless City has
been provided with reasonable evidence of compliance with the terms of this
agreement by ECN. Such evidence shall include, but not be limited to, receipts and
other evidence of expenses incurred.
15. ECN shall not provide any funds derived from City pursuant to this agreement to any
director, employee, volunteer or agent of ECN for any personal benefit.
16. This agreement shall not be deemed or construed to create an employment, joint
venture, partnership or other agency relationship between the parties hereto.
17. To the 'fullest extent permitted by law, ECN 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
negligent acts or omissions of ECN or its officers, employees or agents in the
performance of this agreement. In the event of any actions 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.
18. Unless otherwise terminated as provided herein, this agreement shall terminate on
December 31, 2004.
19.'Either party hereto may terminate this agreement upon thirty (30) days written notice
for any or no reason.
20. In the event this agreement is terminated or in the event the program for which the
City funds provided herein are to be applied is discontinued or ECN ceases its
operations prior to December 31, 2004, ECN shall refund to the City on an amortized
per diem pro rata basis the funds paid hereunder for the portion of the year remaining
after any such termination or for the portion of the year such programs or ECN
operations were not conducted.
21. The terms of this agreement shall be severable. In the event that any of the terms or
provisions of this agreement are found to be void or otherwise unenforceable for any
reason, the remainder of this agreement-shall remain in full force and effect.
22. 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 connections with this agreement shall be in the Circuit Court of Kane
County, Illinois.
CITY OF ELGIN ELGIN COMMUNITY NETWORK
OF ELGIN, INC.
By - l , r�-
David Dorgan Dan Fox
City Manager Board President
Attest:
Dolonna Mecum, City Clerk