04-92 Resolution No. 04-92
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN ENRICHMENT SERIES
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 the Elgin Enrichment
Series for presentations by nationally and internationally renowned speakers on matters of public
interest and relevance to the community, 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
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PURCHASE OF SERVICE AGREEMENT
ELGIN ENRICHMENT SERIES AND
THE CITY OF ELGIN
THIS AGREEMENT . is made and entered into this day
of i` C— , 2004, by and between the ELGIN ENRICHMENT SERIES,
Inc. , an Illinois not-for-profit corporation, (hereinafter referred
to as the "ELGIN ENRICHMENT SERIES") and the CITY OF ELGIN,
Illinois, a municipal corporation, (hereinafter referred to as the
"CITY") ;
WHEREAS, the City has determined the Elgin Enrichment Series
serves a beneficial public purpose by providing programs that bring
nationally and internationally renowned speakers to Elgin; and
WHEREAS, the Elgin Enrichment Series has served the community '
since 1997, providing presentations on matters of public interest
and relevance to the community; and
WHEREAS, the Elgin Enrichment Series attracts people from
throughout the region and enhances the image of the Elgin
community;
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 the Elgin Enrichment Series the sum of 57,600 on or before
March 31, 2004.
2. The Elgin Enrichment Series shall address all inquiries and requests made pursuant to
this agreement to City's Management Assistant.
3. The Elgin Enrichment Series shall apply the aforementioned$7,600 to speaker's fees
and promotional expenses for events. Topics of the events shall be related to matters
of public interest and relevance to the greater Elgin community.
4. The Elgin Enrichment Series shall present a minimum of five events during the 2004
calendar year.
5. The City of Elgin shall be recognized as a sponsor of the Elgin Enrichment series and
II
I
shall receive the benefits of sponsorship consistent with the level of support
provided. At minimum, the City's support shall be acknowledged prominently in
print materials promoting the organizations or event, radio advertising,WEB page
information and event program(s). Three samples of this acknowledgment shall be
provided to the City. A logo provided by the City shall be used for this purpose.
6. Elgin hotels and restaurants shall be given first consideration for lodging and meals
whenever possible,unless another site is specifically requested by the guest speaker.
7. The City shall have the right to review all accounting records related to the use of the
$7,600 provided for herein upon 72 hours written notice, and at a reasonable time
agreed upon by both parties hereto.
8. To the fullest extent permitted by law,Elgin Enrichment Series agrees to and it shall
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, damage or other relief arising out of any negligence, acts or omissions of Elgin
Enrichment Series or its officers, employees or agents in the performance of this
agreement or operations funded pursuant to this agreement. Nothing herein affects
Elgin Enrichment Series' duty to defend the City. 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.
9. Elgin Enrichment Series shall provide the City two written reports detailing the
disbursement of$7,600. These reports shall be provided to the City Council by May
31, 2004 and December 31, 2004, and shall include a report of program activities
funded by City. The reports shall include, but are not limited to, a summary of
presenting speakers, attendance numbers and program expenses/revenues. These
reports shall be submitted to the City Manager's Office, City Hall, 150 Dexter Court,
Elgin, IL 60120.
10. Elgin Enrichment Series 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.
11. This agreement shall be in full force and in effect from the date of its execution
through December 31, 2004. -
12. This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parties hereto.
13. 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
for any reason, the remainder of this agreement shall remain in full force and effect.
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 shall be in the Circuit Court of Kane County,
Illinois.
15. This agreement is the sole agreement between the parties hereto. There are no other
agreements either oral or written,which shall affect the terms or performance of this
agreement. This agreement shall not be modified or amended without the written
agreement of the parties hereto.
16. Time is of the essence of this agreement.
17. In the event the program for which the City funds provided herein are to be applied is
discontinued or the Elgin Enrichment Series ceases its operations prior to December
31, 2004,the Elgin Enrichment Series 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.
In WITNESS WHEREOF, the parties hereto have executed this agreement on the date and
year written above.
CITY OF ELGIN ELGIN ENRICHMENT SERIES, Inc,
a municipal corporation a not-for-profit corporation
By By�
Ed Schock Taffy ho Ye r
Mayor President
Attest:
Dolonna Mecum, City Clerk
City Of Elgin Agenda Item No.
.z
March 26, 2004
TO: Mayor and Members_of the City Council
�RGG RC-ATO NAL'-LLIS V RC-
' AN_U CULT VNAL CIYV VH'T L1N 1'ilE1
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FROM: David M. Dorgan, City Manager
Cherie L. Murphy,Neighborhood Liaison
SUBJECT: Purchase of Service Agreement with Elgin Enrichment Series
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a Purchase of Service Agreement with the Elgin Enrichment Series.
RECOMMENDATION
It is recommended that the City Council approve.the Purchase of Service Agreement with the
Elgin Enrichment Series with would provide financial support in the amount of$7,600.
• BACKGROUND
Since 1997, the Elgin Enrichment Series has brought nationally renowned speakers to Elgin.
Audiences have been treated to presentations by recognized experts, including journalists,
humorists, literary figures, health professionals and entertainment personalities. Speakers have
included Morton Dean, Linda Ellerbee, Rita Moreno, Bill Kurtis, Roger Ebert, Loretta LaRoch,
Bob Mackie, and Dr. Ruth. City funds would be applied to speaker fees and promotional
expenses.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The cost of Purchase of Service Agreement with Elgin Enrichment Series will total $7,600.
Sufficient funds are budgeted and available ($7,600) in the Riverboat Fund, account number
275-0000-791.80-12 to enter into this agreement.
,EGALIMPACT
None.
Purchase of Service Agreement with Elgin Enrichment Series
March 26, 2004
• Page 2
ALTERNATIVES
1. Approve a Purchase of Service Agreement with Elgin Enrichment Series.
2. Modify the provisions of the Purchase of Service Agreement.
3. The City Council could choose not to support the Elgin Enrichment Series.
Respectfully submitted for Council consideration.
CLM
Attachment
•
•
• PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this day
of 2004, by and between the ELGIN ENRICHMENT SERIES,
Inc. , an Illinois not-for-profit corporation, (hereinafter referred
to as the "ELGIN ENRICHMENT SERIES") and the CITY OF ELGIN,
Illinois, a municipal corporation, (hereinafter referred to as the.
"CITY") ;
WHEREAS, the City has determined the Elgin Enrichment Series
serves a beneficial public purpose by providing programs that bring
nationally and internationally renowned speakers to Elgin; and
WHEREAS, the Elgin Enrichment Series has served the community
since 1997, providing presentations on matters of public interest
and relevance to the community; and
WHEREAS, the Elgin Enrichment Series attracts people from
throughout the region and enhances the image of the Elgin
community;
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 the Elgin Enrichment Series the sum of$7,600 on or before
March 31, 2004.
2. The Elgin Enrichment Series shall address all inquiries and requests made pursuant to
this agreement to City's Management Assistant.
3. The Elgin Enrichment Series shall apply the aforementioned$7,600 to speaker's fees
and promotional expenses for events. Topics of the events shall be related to matters
of public interest and relevance to the greater Elgin community.
4. The Elgin Enrichment Series shall present a minimum of five events during the 2004
calendar year.
5. The City of Elgin shall be recognized as a sponsor of the Elgin Enrichment series and
shall receive the. benefits of sponsorship consistent with the level of support
provided. At minimum, the City's support shall be acknowledged prominently in
print materials promoting the organizations or event, radio advertising, WEB page
•
information and event program(s). Three samples of this acknowledgment shall be
provided to the City. A logo provided by the City shall be used for this purpose.
6. Elgin hotels and restaurants shall be given first consideration for lodging and meals
whenever possible,unless another site is specifically requested by the guest speaker._
7. The City shall have the right to review all accounting records related to the use of the
$7,600 provided for herein upon 72 hours written notice, and at a reasonable time
agreed upon by both parties hereto.
8. To the fullest extent permitted by law,Elgin Enrichment Series agrees to and it shall
indemnify, defend and hold harmless the City, its officers, employees, boards and
commissions from and against any and all claims,suits,judgements,costs,attorney's
fees,damage or other relief arising out of any negligence, acts or omissions of Elgin
Enrichment Series or its officers, employees or agents in the performance of this
agreement or-operations funded pursuant to this agreement. Nothing herein affects
Elgin Enrichment Series' duty to defend the City. 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.
• 9. Elgin Enrichment t Seres shall provide the City two written reports detailing the
disbursement of$7,600. These reports shall be provided to the City Council by May
31, 2004 and December 31, 2004, and shall include a report of program activities
funded by City. The reports shall include, but are not limited to, a summary of
presenting speakers, attendance numbers and program expenses/revenues. These
reports shall be submitted to the City Manager's Office,City Hall, 150 Dexter Court,
Elgin, IL 60120.
10. Elgin Enrichment Series 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.
11. This agreement shall be in full force and in effect from the date of its execution
through December 31, 2004.
12. This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parties hereto.
13. 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
•
• for any reason,the remainder of this agreement shall remain in full force and effect.
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 shall be in the Circuit Court of Kane County,
Illinois.
15. This agreement is the sole agreement between the parties hereto. There are no other
agreements either oral or written,which shall affect the terms or performance of this
agreement. This agreement shall not be modified or amended without the written
agreement of the parties hereto.
16. Time is of the essence of this agreement.
17. In the.event the program for which the City funds provided herein are to be applied is
discontinued or the Elgin Enrichment Series ceases its operations prior to December
31, 2004, the Elgin Enrichment Series 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.
In WITNESS WHEREOF, the parties hereto have executed this agreement on the date and
• year written above.
CITY OF ELGIN ELGIN ENRICHMENT SERIES, Inc,
a municipal corporation a not-for-profit corporation
By By
Ed Schock President
Mayor
Attest:
Dolonna Mecum, City Clerk