04-113 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 :
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City Clerk
L`(.4 OF 6.4C
§ City of Elgin
Agenda Item No.
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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