05-84 Resolution No. 05-84
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
HAMILTON WINGS FOR ART IMMERSION AND ENRICHMENT ACTIVITIES
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 Hamilton Wings for art
immersion and enrichment activities for at-risk youth,a copy of which is attached hereto and made a
part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 23, 2005
Adopted: March 23, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 2 32,E day of /1/14/2 c4L
2005, by and between HAMILTON WINGS (hereinafter referred to as "Hamilton
Wings"), an Illinois not-for-profit corporation, and the CITY OF ELGIN, Illinois, a
municipal corporation (hereinafter referred to as the"City").
WHEREAS, the City has determined that it is desirable to provide programming
which will promote and provide instruction in positive life skills; and
WHEREAS, the City has further determined it to serve a beneficial public
purpose to assure that its youth are provided a diverse offering of stimulating activities
which provide potential life-long benefits; and
WHEREAS, the City has determined it beneficial to encourage programs which
develop an appreciation and understanding of different art forms for youth; and
WHEREAS, Hamilton Wings has demonstrated success in implementing
programs for youth which promote an appreciation and understanding of different art
forms through which said youth are taught positive life skills.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. The City shall pay to Hamilton Wings a total amount not to exceed $19,000 for
the term of this agreement. Such money shall be paid in two installments each in
the amount of$9,500. The first installment of$9,500 will be paid to Hamilton
Wings on or before March 30, 2005. The second installment of$9,500 shall be
paid on or before July 1, 2005, provided that the City has received the written
report as required in Section 5 of this agreement. Hamilton Wings shall not be
entitled to any payment in excess of the total amount of$19,000. Such $19,000
shall be used by Hamilton Wings solely and only for the program activities
described in this agreement.
2. Hamilton Wings shall conduct SCORE! (Students Creating Opera to Reinforce
Education) a collaborative arts education program targeting at-risk youth between
the ages of 10 and 14 (hereinafter referred to as "Program"). Program shall
consist of SCORE! Phase One and SCORE! Phase Two programs, including a
public performance at the end of the instructional sessions by participating
students.
Phase One of the Program shall consist of students working directly with
professional singers, actors, composers, instrumentalists, writer, designers and
theatre technicians to create, develop, produce and perform an original opera.
Phase Two of the Program shall consist of an examination and refinement of the
opera created under Phase One, and the development of an arts-based community
service project.
3. Hamilton Wings shall coordinate with major cultural and arts institutions to
implement SCORE!
4. Hamilton Wings shall provide a budget which shall reflect the projected
distribution of funds received from the City during the term of this Agreement
within thirty days of execution of this Agreement.
5. Hamilton Wings shall provide the City with two written reports detailing all of the
program activities and the disbursement of any and all City funds spent by
Hamilton Wings. These reports shall also include but not be limited to, a
description of programs provided, number of youth served, and demographics of
program participants and program activities. These reports shall be provided to
the City Council by May 31, 2005 and December 31, 2005. These reports shall be
submitted to the City Manager's Office, 150 Dexter Court, Elgin, Illinois 60120.
6. Hamilton Wings 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.
7. The City shall have the right to review all accounting records related to the use of
the $ 19,000 provided for herein upon 72 hours actual notice.
8. The City shall be recognized as a sponsor of Hamilton Wings and, at minimum,
the City's support shall be acknowledged in print materials promoting the
program or event, radio advertising, WEB page information and event
program(s). Three samples of this acknowledgement shall be provided to the
City.
9. To the fullest extent permitted by law, Hamilton Wings 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 any reckless or negligent
acts or omissions of Hamilton Wings' officers, 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 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.
10. This Agreement shall be in full force and effect from the date of its execution
through December 31, 2005.
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. Time is of the essence of this agreement.
13. City may terminate this agreement for any or no reason upon thirty (30) days
written notice. In the event City terminates this agreement for any reason, City
shall have no further obligation or liability to Hamilton Wings; in addition,
Hamilton Wings shall immediately cease the expenditure of any funds paid to
Hamilton Wings by City upon the date of the receipt of such written notice, and
shall refund any unexpended funds provided by City.
14. This Agreement shall not be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto.
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
arising out of or in connection with this Agreement or its performance shall be in
the Circuit Court of Kane County, Illinois.
CITY OF ELGIN HAMILTON WINGS
BY B
Ed Sc c , Mayor Ris Jones _ ti
Executive Direct ;
ATTEST:
Dolonna Mecum, ity -rk