05-144 Resolution No. 05-144
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
ELGIN PROUD AND BEAUTIFUL, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, 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 Proud
and Beautiful, Inc. for the promotion of beautification, litter prevention, waste reduction and
recycling, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 27, 2005
Adopted: April 27, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into on this 2 X7/.1-day of c r,
2005, by and between ELGIN PROUD AND BEAUTIFUL, INC . , an Illinois
not-for-profit corporation (hereinafter referred to as "EPB" ) , and
the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter
referred to as the "City" ) .
WHEREAS, the City has determined that the citizens of Elgin benefit
from a clean and aesthetic environment in which to live and work;
and
WHEREAS, EPB performs clean-up and aesthetic programs and services;
and
WHEREAS, EPB promotes recycling, litter prevention and waste
reduction.
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 . EPB shall provide a budget which shall reflect the projected
distribution of funds received from the City during the term
of this agreement .
2 . The City shall pay to EPB the sum of $4 , 560 on or before
March 31 , 2005 .
3 . EPB shall apply the $4 , 560 contribution from the City to
operating expenses relating to its clean-up programs and
aesthetic improvement programs .
4 . EPB hereby agrees to provide the following services to City on
or before December 31, 2005 :
A. Set plans and guidelines for 2005 activities,
including the annual city-wide beautification day. Plans
shall be provided, in writing, to the City' s Solid Waste
Coordinator.
B . Maintain database of volunteers .
C. Meet monthly to finalize specific project
details of various projects .
D. Recruit volunteer groups to assist with
projects .
E. Act as "coordinator" for specific projects,
including but not limited to clean-up programs and
activities which promote recycling, litter prevention and
waste reduction.
F. Coordinate a Planting Project to improve a
designated location aesthetically by planting trees and
landscaping .
G. Identify activities/projects which warrant news
releases and prepare for submission to news media .
H. Provide informational updates for Elgin City
Council and Elgin Area Chamber of Commerce on activities.
I . Research possibilities of Foundation and/or Grant
funding .
J. Promote anti-litter and recycling message at various
events throughout the year, such as National Night Out, Elgin
Youth Fest and America Recycles Day.
K. Assist in the promotion of City recycling and HHW
(Hazardous Household Waste) programs .
5 . The City shall be recognized as a sponsor of EPB and shall
receive the benefits of sponsorship consistent with the level
of support provided. At minimum, the City' s support shall be
acknowledged in print materials promoting the organizations or
event , radio advertising, WEB page information and event
program(s) . Three samples of this acknowledge shall be
provided to the City. A logo provided by the City shall be
used for this purpose .
6 . Failure to perform the above services to the satisfaction of
the City Council shall result in a termination of this
agreement and the refund of the $4 , 560 consideration, (plus
reasonable costs and attorney' s fees, in the event City is
required to litigate to retrieve said funds) as and for
liquidated damages .
7 . EPB shall provide the City two written reports detailing the
disbursement of $4 , 560 . This report shall be provided to the
City Council by May 31 , 2005, and December 31, 2005 and shall
include all program and financial activity. The reports shall
be submitted to the City Manager ' s Office, 150 Dexter Court,
Elgin, Illinois 60120-5555 .
8 . EPB shall provide City with financial statements relative to
the organization' s total operations . These statements shall
be provided on or before July 31, 2005 and December 31, 2005 .
9 . The City shall have the right to review all accounting records
related to the use of the $4 , 560 , given 72 hours notice, and
at a time agreed upon by both parties .
10 . To the fullest extent permitted by law, EPB 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 EPB or its officers, employees or agents in the
2
performance of this agreement or operations funded pursuant to
this agreement . Nothing herein affects EPB ' s 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 .
11 . The terms 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 .
12 . This agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency
relationship between the parties .
13 . 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 if EPB ceases operations prior to
December 31, 2005, EPB shall refund to the City any unexpended
funds paid by the City hereunder.
14 . EPB shall conduct all of its activities funded pursuant to this
agreement, including but not limited to, the providing of
clean-up and aesthetic programs, in accordance and in
compliance with all requirements of law.
15 . 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 pursuant to this
agreement shall be in the Circuit Court of Kane County,
Illinois .
16 . This Agreement shall be in full force and effect from the date
of execution through December 31, 2005 .
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the date and year written above .
CITY OF ELGIN, a municipal ELGIN PROUD AND BEAUTIFUL, INC .
co at '
By By QeA
of i Fo rin (a-y b r
City anage res e
Attest :
By
Dolonna Mecum
City Clerk
F:\Legal Dept\Agreement\E1ginProud&Beautiful-OS.doc
3
Agenda Item No. S
City of Elgin
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Ejll:
April 8>2005 �i► +���
[i 161 f 9
TO: Mayor and Members of the City Council t rt
FINANCIALLY STABLE CITY GOVEF"MENT
EF FIC IENT.SEPVIC ES,
FROM: Olufemi Folarin, City Managelector
AND QUALITY IN FRASTFx/G TUFIE
John M. Loete, Public Works
SUBJECT: Purchase of Service Agreement with Elgin Proud & Beautiful, Inc.
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the approval of a Purchase of Service Agreement with Elgin Proud &
Beautiful (EPB) for 2005.
RECOMMENDATION
• It is recommended that the City Council approve the Purchase of Service Agreement with Elgin
Proud & Beautiful, Inc. in the amount of$4,560 for 2005.
BACKGROUND
Elgin Proud & Beautiful, a local affiliate of the national Keep America Beautiful, Inc., conducts
activities that promote beautification, litter prevention, waste reduction and recycling throughout
the community. The funding being approved will be used for 2005 activities that include
planning and coordination of the annual city-wide clean-up and beautification day, planting
projects, volunteer recruitment and participating in various community events to promote anti-
litter and recycling. If the budget allows,the group also has a goal to replace the existing mascot.
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None
R,,_FINANCIAL IMPACT
Sufficient funds in the amount of$4,560 are budgeted and available in the 2005 Riverboat Fund,
account number 275-0000-791.80-07, "Elgin Proud and Beautiful" to enter into this Purchase of
Service Agreement.
Elgin Proud & Beautiful Purchase of Service Agreement
• April 8, 2005
Page 2
EGALIMPACT
None.
ALTERNATIVES
1. Approve the Purchase of Service Agreement with Elgin Proud & Beautiful as presented.
2. Modify the Purchase of Service Agreement.
3. Reject the Purchase of Service Agreement.
Respectfully submitted for Council consideration.
(TSP)
Attachment
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