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HomeMy WebLinkAbout24-116 Resolution No. 24-116 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICES AGREEMENT WITH JEFFERY LIGON FOR PROFESSIONAL SERVICES IN CONNECTION WITH JUVENILE CRIME PREVENTION PROGRAMS AND SERVICES BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase of Services Agreement on behalf of the City of Elgin with Jeffery Ligon,for professional services in connection with juvenile crime prevention programs and services, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 24, 2024 Adopted: April 24, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk I'UR('II,1SE OF SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 24th day of April,2024,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Jeffery Ligon, (hereinafter referred to as"CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with Juvenile Crime Prevention Programs and Services (hereinafter referred to as the"PROJECT"); and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Chief of Police of the CITY, hereinafter referred to as the"DIRECTOR". B. The CONSULTANT will engage in telephone conferences as well as personally meet with the DIRECTOR and any and all agencies and parties critical to the PROJECT on an ongoing and as needed basis in order to gather information via discussions,interviews and written correspondence. The CONSULTANT will counsel and assist in the design and preparation of revised and new Juvenile Crime Prevention Programs and Services. The CONSULTANT will provide training and accompany the Elgin Police Department and partners on home visits and other programming. The CONSULTANT will also provide feedback and counsel on next steps and improvement of training, implementation, development and monitoring the PROJECT. 2. WORK PRODUCT All work prepared by the CONSULTANT pursuant to this Agreement including, but not limited to, reports, plans, and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR. CONSULTANT'S execution of this Agreement shall constitute CONSULTANT'S conveyance of and assignment of all right, title and interest, including but not limited to any copyright interests,by the CONSULTANT to the CITY of all such work prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. 3. PAYMENTS TO Tt l F: CONSULTANT(Not to Exceed Method) A. The CITY shall make periodic payments to the CONSULTANT based upon actual progress at a payment rate of$300 per month; and additionally, CONSULTANT shall further receive an additional $100 per home visit for a total monthly amount not to exceed$1,500 per month,and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 4. INVOICES A. The CONSULTANT shall submit monthly invoices in a format approved by the CITY. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 5. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated,the CONSULTANT shall be paid only for services actually performed. 6. TERM This Agreement shall, unless terminated for cause or pursuant to Paragraph 5, terminate one year from the date of this Agreement. 7. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to this Agreement, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1, et seq.),as amended,or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action or claim by the CONSULTANT arising out of this Agreement 2 must be filed within one year of the date the alleged cause of action arose or the same will be time- barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 8. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including, but not limited to, workers' compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of 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 and hold harmless,such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 9. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 10. NONDISCRIMINATION No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension, in whole or in part, of the Agreement by the CITY. 11. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership,joint venture,employment or other agency relationship between the parties hereto. 12. SEVERABILITY The parties intend and agree that,if any paragraph,sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 13. HEADINGS 3 • The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 14. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 15. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with 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. CONSULTANT hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and CONSULTANT agrees that service by first class U.S. mail to the address in paragraph 18 shall constitute effective service. Both parties hereto waive any rights to a jury. 16. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 17. Vs RI [TEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 18. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to the CITY: Ma Lalley Chief of Police City of Elgin 4 151 Douglas Avenue Elgin, Illinois 60120-5555 B. As to the CONSULTANT: SeCc L O'(\ Attn: 698 Shenandoah Trail Elgin, IL 60123 IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement effective as of the date and year first written above. CITY GIN: By: Richard G. Kozal, City Manager A st• (/)(&/ZS ity Clerk CONSULTANT: \e&c-c4N L=8 By: i%,6 S--co--F7\, Legal Dept\Agreement\PSA-Youth Empowerment Program 3-26-24.docx 5