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Home My WebLink About04-136 Resolution No. 04-136 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN RECREATION CENTER FOR THE RESTORATIVE OPPORTUNITIES PROGRAM 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 Recreation Center for the Restorative Opportunities Program,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 26, 2004 Adopted: May 26, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk ,t PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this ,?67/,L day of mAy, 2004 by and between ELGIN RECREATION CENTER, an Illinois not-for-profit c6rporation, (hereinafter referred to as the "ERC") and the CITY OF ELGIN Illinois, a municipal corporation, (hereinafter referred to as the "CITY") WHEREAS, the City has determined it to serve a beneficial public purpose to provide a Restorative Opportunities Program(formerly JORP)for youth; and WHEREAS, ERC has served the Elgin community since 1993; and WHEREAS, ERC offers life changing alternatives to gangs and drugs. 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 ERC up to $9,990 for services rendered that will be invoiced by the ERC twice during the agreement period. The invoice will detail the services rendered during that invoice period. No payments will be made, unless the City, in its sole discretion, find that the detailed invoice sufficiently details the services rendered, including dates the services were rendered. Since the clients in this matter are juveniles, no names shall be included with the invoice, but ERC will maintain detailed records of who received the services, for inspection by the City Police Department as allowed by law. The City shall pay to ERC for the benefit of the Restorative Opportunities Program the sum of$9,900.00 payable in two equal installments of$4,950.00 each. The first payment shall be made within 30 days following the execution of this agreement and the second payment before March 1, 2005. 2. ERC shall perform the following services to the City's satisfaction: a. ERC shall offer and provide a restorative opportunities program for youth and will accept referrals from the Peer Jury program. b. ERC shall provide anger management classes for referred youth for $175 per participant. Anger management classes will include 10 sessions for P/2 hours per session. c. ERC shall provide monitored community service opportunities for youth with required service hours of 25 hours or less. d. ERC shall provide a written report at the conclusion of the program. This report shall be provided to the City's Police Department by February 1, 2005. This report shall be submitted to the Elgin Police Department, 151 Douglas Street, Elgin, IL 60120. e. ERC shall provide City with financial statements relative to the organization's total operations. These statements shall be provided on or before February 1, 2005. f. ERC shall comply with all applicable regulations of the Federal Juvenile Justice Grant Program. g. Failure to perform the above services to the satisfaction of the City shall result in a termination of this agreement. 3. The City shall have the right to review all accounting records related to the use of the $9,990 provided for herein upon 72 hours written notice, and at a reasonable time agreed upon by both parties hereto. 4. To the fullest extent permitted by law, ERC 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 or negligent acts or omissions of ERC's 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. 5. This Agreement shall be in full force and in effect from the date of its execution through February 1, 2005. 6. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 7. 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. S. 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. 9. This agreement is the sole agreement between the parties hereto. There are no other agreements either oral or written, which shall effect the terms or performance of this agreement. This agreement shall not be modified or amended without the written agreement of the parties hereto. 10. Time is of the essence of this agreement. 11. In the event the program for which the City funds provided herein are, to be applied is discontinued or ERC ceases its operations prior to February 1, 2005, ERC shall refund to the City on a pro rata per diem 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 a Municipal Corporation Ed Schock Mayor Attest: City Clerk ELGIN RECREATION CENTER a not-for-profit corporation ate,:f&cej77- Athe Christine M. Mitchell Executive Director ��l OF fz .. `: .„.., ce,� Agenda Item No. Cityof Elgin ��u'rye I E TED EEC' L g . May 7, 2004 G *1t TO: Mayor and Members of the City Council N FROM: David M. Dorgan, City Manager SAFE COMMIJIVITY Deputy Chief Jim Burns SUBJECT: Purchase of Service Agreement for Restorative Opportunities Program with the Elgin Recreation Center PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider entering into a Purchase of Services Agreement with the Elgin Recreation Center(ERC) for a Restorative Opportunities Program (ROP). RECOMMENDATION It is recommended that the City Council authorize the City Manager to execute the attached agreement with the Elgin Recreation Center for a Restorative Opportunities Program. BACKGROUND The City of Elgin is in the second year of a three year grant as a sub-recipient from Kane County for a Federal Juvenile Justice Grant. The grant includes a fully funded budget for a Restorative Opportunities Program (ROP) to be hosted by the Elgin Recreation Center. This program was formerly called Juvenile Opportunities Restoration Program and was hosted by the Young Men's Christian Association. Due to various problems, this program will no longer be hosted by the YMCA and ERC has agreed to take over oversight and management of this operation. The police department's juvenile section has held meetings with the parties involved in the program and they are confident the performance of the program will be greatly enhanced with the new oversight and management offered by ERC. The Restorative Opportunities Program is based on referrals from the Elgin Police Department and the Juvenile Court. ROP will provide a structured, supervised work program for offenders, family counseling,job training and restitution to the victims of their crimes. Juveniles are given "sentences" that require them to work at locations around the City of Elgin. The juveniles earn money for this work that is then used to reimburse their crime victims. This is the only program of this kind that will be operating in the City of Elgin. It is our belief that sufficient referrals can be made before the expiration of the contract to expend the entire contract amount. Any unspent funds must be returned to the grantee. • PSA with ERC for ROP May 7, 2004 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Kane County Juvenile Court system oversees this grant and they are the original recipients of this grant. The Elgin program operates as a sub-recipient to Kane County under the contract. ua FINANCIAL IMPACT The cost of the purchase of service agreement with ERC will total $9,990. Funds for this program have already been received from Kane County as part of their Dept of Justice Juvenile grant. Account number 010-2304-731.30.-99, Police Dept., miscellaneous services, will be charged. \14)1,4-',GAL IMPACT None. ALTERNATIVES 1. Choose not to participate in this program and forfeit the Federal Funding offered. 2. Seek another agency to host this program. Respectfully submitted for Council consideration. jjb attachments PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of , 2004 by and between ELGIN RECREATION CENTER, an Illinois not-for-profit corporation, (hereinafter referred to as the "ERC") and the CITY OF ELGIN Illinois,a municipal corporation, (hereinafter referred to as the "CITY") WHEREAS,the City has determined it to serve a beneficial public purpose to provide a Restorative Opportunities Program (formerly JORP)for youth; and WHEREAS, ERC has served the Elgin community since 1993; and WHEREAS,ERC offers life changing alternatives to gangs and drugs. 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 ERC up to $9,990 for services rendered that will be invoiced by the ERC twice during the agreement period. The invoice will detail the services rendered during that invoice period.No payments will be made, unless the City, in its sole discretion, find that the detailed invoice sufficiently details the services rendered, including dates the services were rendered. Since the clients in this matter are juveniles, no names shall be included with the invoice,but ERC will maintain detailed records of who received the services, for inspection by the City Police Department as allowed by law. The City shall pay to ERC for the benefit of the Restorative Opportunities Program the sum of$9,900.00 payable in two equal installments of$4,950.00 each. The first payment shall be made within 30 days following the execution of this agreement and the second payment before March 1, 2005. 2. ERC shall perform the following services to the City's satisfaction: a. ERC shall offer and provide a restorative opportunities program for youth and will accept referrals from the Peer Jury program. b. ERC shall provide anger management classes for referred youth for $175 per participant. Anger management classes will include 10 sessions for 1'/z hours per session. c. ERC shall provide monitored community service opportunities for youth with required service hours of 25 hours or less. d. ERC shall provide a written report at the conclusion of the program. This report shall be provided to the City's Police Department by February 1, 2005. This report shall be submitted to the Elgin Police Department, 151 Douglas Street, Elgin, IL 60120. PSA with ERC for ROP May 7, 2004 Page 4 e. ERC shall provide Citywith financial statements relative to the organization's total operations. These statements shall be provided on or before February 1, 2005. f. Failure to perform the above services to the satisfaction of the City shall result in a termination of this agreement. 3. The City shall have the right to review all accounting records related to the use of the $9,990 provided for herein upon 72 hours written notice, and at a reasonable time agreed upon by both parties hereto. 4. To the fullest extent permitted by law, ERC 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 or negligent acts or omissions of ERC's 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. 5. This Agreement shall be in full force and in effect from the date of its execution through February 1, 2005. 6. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 7. 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. S. 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. 9. This agreement is the sole agreement between the parties hereto. There are no other agreements either oral or written,which shall effect the terms or performance of this agreement. This agreement shall not be modified or amended without the written agreement of the parties hereto. PSA with ERC for ROP May 7,2004 Page 5 10. Time is of the essence of this agreement. 11. In the event the program for which the City funds provided herein are,to be applied is discontinued or ERC ceases its operations prior to February 1, 2005, ERC shall refund to the City on a pro rata per diem 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 a Municipal Corporation Ed Schock Mayor Attest: City Clerk ELGIN RECREATION CENTER a not-for-profit corporation Christine M. Mitchell Executive Director