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Home My WebLink About04-113 Resolution No. 04-113 RESOLUTION AUTHORIZING EXECUTION OF A TERMINATION AND SETTLEMENT AGREEMENT WITH THE YMCA OF GREATER ELGIN FOR THE JUVENILE OFFENDER RESTITUTION PROGRAM 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 Termination and Settlement Agreement on behalf of the City of Elgin with the YMCA of Greater Elgin for the Juvenile Offender Restitution Program, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: May 12, 2004 Adopted: May 12, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk TERMINATION AND SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into this /27-/r.. day of , 2004 by and between the YMCA of Greater Elgin, an Illin is not-for-profit corporation (hereinafter referred to as the "YMCA") , and the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City" ) . WHEREAS, the parties hereto have previously entered into a Purchase of Service Agreement, dated October 2, 2003 , to provide a supervised work program for juvenile offenders (hereinafter referred to as "Original Agreement" ) ; and WHEREAS, the parties hereto have each determined it to be in their best interests to terminate Original Agreement and to settle any and all outstanding issues relative to Original Agreement . 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 . City shall pay to YMCA the sum of Three Hundred Sixty Dollars and no/100ths ($360 . 00) on or before May 1, 2004 . 2 . The parties hereto each mutually hereby terminate Original Agreement as of the date of this Agreement . 3 . That with the sole exception of the provisions of paragraph 4 of the Original Agreement, the parties hereto hereby each mutually waive and release each other from and against any and all rights, causes of action and any and all liability which they may have against each other, their agents, officers, boards and commissions, volunteers and employees arising out of or in connection with Original Agreement or any performance pursuant thereto. CITY OF ELGIN YMCA OF GREATER ELGIN By .c - BY 441:Y.:564." David M. Dorgan Richard Reign City Manager Attest : %'(-rh,Y42 /71*-J2-Ct2,0--- City Clerk L`(.4 OF 6.4C § City of Elgin Agenda Item No. Ii;[, `+ �TCDFF3 L April 23, 2004 TO: Mayor and Members of the City Council #1 SAFE COMMUNITY FROM: David M. Dorgan, City Manager. SUBJECT: Termination of Purchase of Service Agreement with Young Men's Christian Association for Juvenile Offender Restitution Program PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to authorize the termination and settlement of a Purchase of Service Agreement (PSA) with the Young Men's Christian Association (YMCA) for the Juvenile Offender Restitution Program (JORP). RECOMMENDATION It is recommended that the City Council authorize the City Manager to accept the attached Termination and Settlement Agreement and that the YMCA be paid a total of $360 for their services under the JORP program. BACKGROUND The City Council authorized a PSA with the YMCA for the JORP program on October 22, 2003, Resolution No. 03-296. The City has not been satisfied with the services performed by the JORP program and has sought assistance from the City's Legal Department to prepare a termination and settlement agreement with the YMCA. The City has negotiated a settlement of$360 in total compensation for this PSA, which was originally valued at $10,470. The sum of$360 represents the actual work performed under this agreement by the JORP program (invoice attached). This program is fully funded through a grant with Kane County as a sub-grantee of the United State's Department of Justice. The YMCA will no longer be hosting this program and has accepted this settlement and termination agreement. As a result of the termination agreement, the unspent portion of the grant will have to be refunded to the Dept. of Justice. Termination of PSA with YMCA for JORP April 23,2004 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The JORP program is a subpart of the Peer Jury program, hosted by the police department and staffed by one part-time employee paid by the grant and several volunteer juveniles and adults. FINANCIAL IMPACT There are sufficient funds remaining ($9,630) in the General Fund, account number 010-2304- 731.30-99 Professional Services, under the original open Purchase Order No. 162065 to forward those funds to the Department of Justice. EGAL IMPACT ./ None. ALTERNATIVES 1. Attempt to negotiate another settlement amount with the YMCA. 2. Honor the current Purchase of Service Agreement. Respectfully submitted for Council consideration. jjb Attachments TERMINATION AND SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of , 2004 by and between the YMCA of Greater Elgin, an Illinois not-for-profit corporation (hereinafter referred to as the "YMCA" ) , and the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") . WHEREAS, the parties hereto have previously entered into a Purchase of Service Agreement, dated October 2, 2003 , to provide a supervised work program for juvenile offenders (hereinafter referred to as "Original Agreement") ; and WHEREAS, the parties hereto have each determined it to be in their best interests to terminate Original Agreement and to settle any and all outstanding issues relative to Original Agreement . 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. City shall pay to YMCA the sum of Three Hundred Sixty Dollars and no/100ths ($360, 00) on or before May 1, 2004 . 2 . The parties hereto each mutually hereby terminate Original Agreement as of the date of this Agreement . emb. 3 . That with the sole exception of the provisions of paragraph 4 of the Original Agreement, the parties hereto hereby each mutually waive and release each other from and against any and all rights, causes of action and any and all liability which they may have against each other, their agents, officers, boards and commissions, volunteers and employees arising out of or in connection with Original Agreement or any performance pursuant thereto. CITY OF ELGIN YMCA OF GREATER ELGIN By By David M. Dorgan Richard Re EO City Manager Attest: City Clerk r INVOICE 2/16/04 TO THE CITY OF ELGIN R: THE PEER JURY FROM—YMCA RE:THE JUVENILE OFFENDER RESTITUTION PROGRAM (JORP) 4 Youths referred by THE ELGIN PEER JURY have completed their 20 hour service contracts with JORP. 4x$60=$240 1 youth referred by THE ELGIN PEER JURY has completed his 30 hour service contract with JORP. 1x$90+$30(counseling session)=$120 TOTAL $360 Submitted by Jane Taylor Greenfield LCPC Director of JORP Elgin YMCA 50 N.Mc Lean Blvd Elgin,IL. 60123