03-296 Resolution No. 03-296
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT
WITH THE YMCA OF GREATER ELGIN FOR THE ADMINISTRATION OF THE
JUVENILE OFFENDER RESTITUTION 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 YMCA of
Greater Elgin for the administration of 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: October 22 , 2003
Adopted: October 22 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: October 23 , 2003
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
-,
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this day of C c. r 2003 by and
between 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 the "CITY").
WHEREAS,the City has determined it to serve a beneficial public purpose to provide a
supervised work program for juvenile offenders and restitution to the victims of their crimes;
and
WHEREAS, YMCA serves an ethnically diverse population of youth from predominately
low-income families; and
WHEREAS, YMCA's Juvenile Offender Restitution Program(JORP)has provided
structured, supervised work program for juvenile offenders and restitution to the victims of
their crimes since 1988; and
WHEREAS, YMCA's structured, supervised work program for juvenile offenders will
provide more than 1,890 hours in the program during the school year.
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 YMCA for the benefit of the JORP program the sum of
$10,470.00 payable in two equal installments of$5,235.00 each. The first payment
shall be made within 30 days following the execution of this agreement and the
second payment before July 31,2004.
2. YMCA through JORP shall perform the following services to the City's satisfaction.
a. Up to 27 youth referred by the Peer Jury Program will be assigned to the Anger
Management Program at a cost of$175 per participant. Each Anger Management
participant will contribute 30 supervised service hours required to "pay"for the
Anger Management classes at a cost of$75 per participant.
b. Up to 24 minors who are not referred to Anger Management will be required to
perform up to 20 hours of community service at a cost of$60 plus any restitution
money owed up to $100 per offender.
c. Up to 10 minors and/or their families will be referred to up to six sessions of
counseling by a State licensed counselor at$30 per session.
d. YMCA shall apply the aforementioned$10,470.00 to operating expenses. For
purposes of this agreement,operation expenses shall include salary and benefit
expenses, supplies,restitution, Anger Management and therapy delivery costs.
e. YMCA shall work collaboratively with the Elgin Police Department to provide
program participants with information regarding structured, supervised work
program for juvenile offenders and restitution to the victims of their crimes.
f. YMCA shall provide a written report at the conclusion of the program detailing
the disbursement of the$10,470.00 and the accomplishments of the program.
This report shall be provided to the City Council by December 31,2003. This
report shall be submitted to the Elgin Police Department, 151 Douglas,Elgin, IL
60120.
g. YMCA shall provide City with financial statements relative to the organization's
total operations. These statements shall be provided on or before July 31, 2004.
Such liquidated damages are agreed by both parties hereto to constitute a
reasonable estimate of City's actual damages, and shall not be construed to
constitute a penalty.
h. 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$10,470.00
consideration as and for liquidated damages.
3. The City shall have the right to review all accounting records related to the use of the
$10,470.00 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, YMCA 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 YMCA'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 July 31,2004.
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.
8. 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 affect 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 YMCA and/or JORP ceases its operations prior to July 31, 2004, YMCA
shall refund to the City on a pro rata basis the funds paid hereunder for the portion of the year
such program or its operations were to be conducted.
12. In the event City does not receive grant funds in the amount of$10,470 from Kane
County for the funding of this agreement,this agreement shall be null and void, and of no
further force and effect.
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
YMCA of Greater Elgin
a not-for-profit corporation
Richard Reigner EO
OF EG,
� � �. � Memorandum
City of Elgin
June 20, 2003 G
N A
TO Mayor and Members of the City Council
SAFE COMMUNITY
FROM: David M. Dorgan, City Manager
James Lamkin, Police Deputy C ief for Operations
SUBJECT: Lease of Police Motorcycles
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
entering into a lease with Woodstock Harley-Davidson for two
police motorcycles .
BACKGROUND
Harley-Davidson Motorcycle Corporation has made available to
their dealerships a special program to allow police departments
the opportunity to lease Harley-Davidson police special
motorcycles for a lease price of $1, 000 per unit per year. This
is a nation-wide program and Woodstock Harley-Davidson is
supplying motorcycles to a number of other Illinois cities.
These units retail in the $18, 000 range and they are only
available at this lease rate due to the special program offered
through the corporate offices of Harley-Davidson and Woodstock
Harley-Davidson.
In 2002, three motorcycles were leased for one year at $100
each. In 2003 , two motorcycles will be leased to replace two of
last year' s models . In the past two years, three motorcycles
had been leased; however, due to the increased costs going from
$100 each to $1 , 000 each, the police department has elected to
lease only two. The third 2002 motorcycle will be returned at
the end of the lease period, August 13 , 2003 .
The Police Department is deploying these motorcycles for traffic
enforcement and special events such as parades and the parks
patrol . There are no additional costs for the use of the
motorcycles for this purpose . They are an alternative means of
. - . .
em- Lease of Police Motorcycles
June 20, 2003
Page 2
transportation and the personnel costs would be the same whether
a motorcycle or patrol unit was put into use. The police
department only utilizes personally, licensed motorcycle riders
who are trained internally.
The department purchased the lights for the motorcycles in 2001 .
Woodstock Harley-Davidson will retrofit them at no cost . The
lights remain the property of the City. The City is responsible
in the event that there are any unanticipated repair costs due
to negligent operation.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
glK.,
FINANCIAL IMPACT
The $2, 000 is currently budgeted and available in the 2003
General Fund police department budget under account number
010-2308-731 . 92-46, Service/Other Equipment . The light system
is owned by the City of Elgin. Woodstock Harley-Davidson will
reinstall the lights at no cost on each new motorcycle, with
ownership of the lights to be retained by the City of Elgin.
The cost for regularly scheduled maintenance is approximately
$350 annually for each motorcycle depending on the amount of
usage. This is budgeted under account number 010-2308-731 .45-
99, Other Miscellaneous Services
LEGAL IMPACT
one.
ALTERNATIVES
1 . The City Council may choose to enter into an agreement with
Woodstock Harley-Davidson for the lease of two police
motorcycles .
2 . The City Council may choose not to enter into this lease
and the Police Department will not deploy these police
em. motorcycles .
Lease of Police Motorcycles
June 20, 2003
Page 3
RECOMMENDATION
It is recommended that the City Manager be authorized to execute
a lease in an amount not to exceed $2, 000 with Woodstock Harley-
Davidson for two police motorcycles .
Respectfully submitted for Council consideration
JL/sp
Attachment
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