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HomeMy WebLinkAbout09-159 . , Resolution No. 09-159 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Public Action to Deliver Shelter(PADS)for financial assistance in providing overnight shelter and meals to the homeless, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 8, 2009 Adopted: July 8, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this. $'µ'day of , 200_, by and between the CITY OF ELGIN, Illinois, a municipal corporation (h eina r referred to as the "City"), and PADS of Elgin, Inc., a not-for-profit corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the "Service Provider"). WHEREAS, the City has determined that it would serve a beneficial public purpose to enter into an agreement with the Service Provider for the Service Provider to provide certain contract services as described in this agreement; and WHEREAS, the Service Provider represents that it has the necessary expertise and experience to furnish the Subject Services upon the terms and conditions set forth in this agreement. 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 Service Provider shall provide all of the services pursuant to the terms and conditions and on the dates and times as described in the document entitled PADS of Elgin, Inc. - Scope of Services for 2009 Purchase of Service Agreement, attached hereto as Exhibit A and made a part hereof(such services including the terms, conditions, dates and times are hereinafter referred to as the "Subject Services"). In the event of any conflict between the provisions of this agreement and the provisions in Exhibit A, the provisions of this agreement shall control. The Service Provider represents and warrants that the Service Provider has the skills and knowledge necessary to conduct the Subject Services provided for in Exhibit A and that the Subject Services set forth in Exhibit A are integral parts of this agreement and may not be modified, amended or altered except by a written amendment to this agreement agreed to and executed by both parties hereto. 2. The Service Provider shall address all inquiries and requests made pursuant to this agreement to the Assistant City Manager of the City or his designee. 3. In connection with the Subject Services to be performed on other than City properties, the Service Provider warrants and agrees to maintain all facilities and equipment used in the performing of the Subject Services in a clean, sanitary and safe condition and free from defects of every kind whatsoever. Service Provider agrees and warrants that the Service Provider will periodically inspect all of such facilities and equipment for such purposes. Service Provider also warrants that the Service Provider and the Service Provider's facilities and equipment used in the performing of the Subject Services are not now, nor shall be during the term of this agreement in violation of any health, building, fire or zoning code or regulation or other applicable requirements of law. In connection with the Subject Services on properties owned or controlled by the City, Service Provider agrees and warrants to use, and to cause persons participating in the Subject Services to use, through proper supervision and control, all facilities with due care, and to report all defects in or damage to any such facilities, and the cause thereof, if known, immediately to the Assistant City Manager of the City. 4. The City shall reimburse the Service Provider for the Subject Services under this agreement the total amount of Twenty Four Thousand Nine Hundred Thirty Dollars ($24,930). Such payment by the City to the Service Provider shall be made in 2 installments of Twelve Thousand Four Hundred Sixty Five Dollars ($12,465). The first aforementioned installment payment shall be made within 30 days of the date of this agreement. The second aforementioned installment payment shall be made on or before October 1, 2009. However, the second installment payment shall not be made prior to 8 days after the Service Provider's submission of the budget document and audited financial statement documents referred to in paragraph 6 of this agreement. 5. The Service Provider shall apply the monies to be paid by the City to the Service Provider pursuant to the proceeding paragraph hereof solely to operating expenses such as staff salary and benefits, meeting expenses, and expenses associated with the Subject Services to be provided by the Service Provider pursuant to this agreement. 6. The Service Provider shall complete, maintain and submit to the Assistant City Manager of the City, or his designee, any and all records, reports and forms relating to the Subject Services in this agreement as requested by the City. Without limiting the foregoing, the parties further agree as follows: A. The Service Provider shall provide a budget to the City which shall reflect the projected distribution of funds received from the City pursuant to this agreement during the term of this agreement. The budget shall be submitted to the Assistant City Manager of the City prior to any payment by the City. B. The Service Provider shall provide written performance reports detailing the disbursements of the monies to be paid by the City to the Service Provider pursuant to this agreement. The reports shall be provided to the City quarterly on September 30, 2009; December 31, 2009; March 31, 2010; and June 30, 2010. C. The City has the right to review all accounting records of the Service Provider related to the use of the monies to be paid by the City to the Service Provider pursuant to this agreement upon 72 hours advance notice from the City to the Service Provider. D. The Service Provider shall have an audit performed on its financial statements for the year ending June 30, 2009. The audit must be performed by an independent certified public accountant recognized in good standing by the American Institute of Certified Public Accountants and licensed in the State of Illinois. The Service -2- Provider shall provide the City with two copies of the said audited financial statement along with the management letter and any other correspondence related to internal control matters on or before October 15, 2009. These statements shall be submitted to the Assistant City Manager at City Hall, 150 Dexter Court, Elgin, Illinois 60120-5555. 7. In the event this agreement is terminated, or in the event the Subject Services for which the City funds provided herein are to be applied are discontinued, or the Service Provider ceases its operations prior to December 31, 2009, the Service Provider shall refund to the City on a prorated per diem basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year the Subject Services were not conducted. 8. Service Provider agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance and/or providing of the Subject Services in this Agreement that the Service Provider shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Service Provider hereby certifies, represents and warrants to the City that all of the Service Provider's employees and/or agents who will be performing and/or providing the Subject Services with respect to this Agreement shall be legal residents of the United States. Service Provider shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful performance of the Subject Services to be provided for in this Agreement. Service Provider shall also perform and provide the Subject Services with due care. The City shall have the right to audit any records in the possession of control of the Service Provider to determine the Service Provider's compliance with the provisions of this section. In the event the City proceeds with such an audit, the Service Provider shall make available to the City the Service Provider's relevant records at no cost to the City. 9. The City of Elgin shall be recognized as a sponsor of the Service Provider and shall receive the benefits of sponsorship consistent with the level of support provided in this agreement. At a minimum, the City's support shall be acknowledged on all print materials promoting the Service Provider's organization, press releases, radio advertising, web page information and event program(s) through the following mandatory funding identification statement: "Funding for the organization is provided in part through the City of Elgin". Three samples of this acknowledgement shall be provided to the City. A logo provided by the City to the Service Provider shall be used for this purpose. 10. In all printed materials in which a City seal or logo is deemed appropriate, approval by the Public Information Officer of the City is required prior to printing. 11. The term of this agreement shall commence from the date of the execution hereof and continue through December 31, 2009. -3- 12. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. Service Provider understands and agrees that the relationship of the Service Provider to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the Service Provider and the Service Provider's officers, employees and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 13. 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 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 to 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. In the event any legal action is brought by the City for the enforcement of any of the obligations of the Service Provider in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the Service Provider reasonable interest and reasonable attorney's fees. 14. Notwithstanding any other provision hereof, the City may terminate this agreement at any time upon thirty (30) days prior written notice to the Service Provider. In the event this agreement is so terminated, the Service Provider shall be paid for services actually performed, and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not in any event exceed the total amount set forth under paragraph 4 above. Additionally, in the event this agreement is so terminated, the Service Provider shall immediately cease the expenditure of any funds paid to the Service Provider by the City and shall refund to the City any unearned or unexpended funds. 15. To the fullest extent permitted by law, Service Provider agrees to indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to worker's compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Service Provider in connection herewith, including negligence or omissions or agents of the Service Provider arising out of the performance of this agreement and/or the Subject Services. 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 section shall survive any expiration, completion and/or termination of this agreement. 16. The Service Provider shall provide,pay for and maintain in effect, during the term of this agreement, comprehensive automobile liability insurance covering all owned, non-owned and hired motor vehicles used in connection with the Subject Services with limits of not less than $500,000 per occurrence for damages to persons or property. The Service Provider shall also provide,pay for and maintain in effect, during the term of this agreement, worker's compensation insurance in amounts required under the laws of the State of Illinois. At the request of the City -4- the Service Provider shall provide to the City certificates of insurance regarding the insurance required in this paragraph. 17. 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. 18. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 19. 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. 20. The parties intend and agreed 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. 21. This Agreement and its exhibits constitutes 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 22. 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. 23. The Service Provider certifies hereby that it is not barred from bidding on a public contact as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 24. As a condition of this contract, the Service Provider shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; -5- D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request(775 ILCS 5/2-105). 25. As a condition of this agreement, the Service Provider shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry and execution of this agreement. 26. Notwithstanding any other provision in this agreement, it is expressly agreed and understood that in connection with the performance of this agreement the Service Provider shall comply with all applicable federal, state, city and other requirements of law including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, the Service Provider hereby certifies, represents and warrants to the City that all of Service Provider's employees and/or agents who will be providing products, and/or services with respect to this agreement shall be legal residents of the United States. Service Provider shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided pursuant to this agreement. City shall have the right to audit any records in the possession or control of the Service Provider to determine the Service Provider's compliance with the provisions of this section. In the event the City proceeds with such an audit, the Service Provider shall make available to the City the City's relevant records at no cost to the City. The provisions of this section shall survive any expiration, completion and/or termination of this agreement. 27. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay the Service Provider pursuant to Section 4 hereof, no action shall be commenced by the Service Provider, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this section shall survive any expiration, completion and/or termination of this agreement. 28. 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: As to the City: As to Service Provider: City of Elgin PADS of Elgin, Inc. -6- 150 Dexter Court 1730 Berkley Street Elgin, IL 60120-5555 Elgin, IL 60123 Attention: Sean Stegall Attention: Dennis Hewitt Assistant City Manager Executive Director With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 29. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the Service Provider and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 30. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the Service Provider without the express written consent of the City which consent may be withheld at the sole discretion of the City. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement on the date and year first written above. CITY OF ELGIN, a municipal PADS of Elgin, Inc. corporation By: By: • Ci_ Manager ,Ex, Attest: City Clerk F:\Legal Dept\Agreement\PSA-DRAFT FORM 1-09 WAC.doc -7- EXHIBIT A PADS of Elgin, Inc. - SCOPE OF SERVICES FOR 2009 PURCHASE OF SERVICE AGREEMENT 1. PADS shall apply and utilize the $24,930 payment from the City as provided for in this agreement solely for operating expenses directly related to PADS providing temporary overnight shelter and meals to the homeless, including but not limited to, site coordinator salary expenses. 2. PADS shall conduct all activities funded pursuant to this agreement, including but not limited to, the providing of temporary overnight shelter and meals to the homeless in accordance with all applicable legal requirements and in compliance with the following additional rules and regulations: a. PADS of Elgin, Inc. Program Rules attached hereto to as Exhibit B. b. No loitering shall be permitted on any exterior premises of any property utilized as an overnight shelter or any adjacent premises. No smoking shall be permitted on any exterior premises of any property utilized for an overnight homeless shelter or any adjacent premises which are visible from any public right-of-way. c. To stay for more than three nights at the PADS emergency homeless shelter any person covered by this grant must have a connection to the City of Elgin. A person shall be deemed to have a connection to the City of Elgin if any one of the following conditions are met: 1. The person has legal identification showing residence within the city of Elgin for at least the past 6 months; 2. The person currently has established employment in the City of Elgin lasting for over 3 months; 3. The person can establish by means of dated mailings or rent receipts, a residence within the City of Elgin existing at least 6 months prior to becoming homeless. d. Such other and further rules and regulations as the City may from time to time determine are required to protect the public health, safety and welfare. 3. PADS of Elgin will provide the City of Elgin one table of eight at no charge for the annual dinner. 4. The term of this Agreement shall be from July 2009 through June 2010. -8- EXHIBIT B P.A.D.S. of Elgin,Inc-Program Rules 1. Prior to admittance, all adult guests will be given a Breathalyzer test. The legal limit is .08 and PADS employees will strictly enforce this. If the test is failed, you are to leave the premises immediately without causing problems. No loitering will be allowed. Each guest will be allowed only one chance per evening. No Exceptions. 2. Those who work and have a pre-arranged agreement in writing with the staff will be allowed in after 9:30 pm. Guests who leave after checking in must present a signed late Entry/Re-entry Form in order to be readmitted. 3. Lights are out at 10:00 pm. All guests must be on their pads so that others may get their sleep. NO EXCEPTIONS! NO NOISE! 4. Only registered guests are allowed in the facility. No visitors will be allowed at any time. 5. NO CAMERAS of any kind, including CELL PHONES with CAMERA CAPABILITIES. 6. If a person leaves the premises after checking in for the night, they may not return that evening. (The ONLY exception to this rule would be by written agreement with the staff. A previously signed Entry/Re-entry Form is required) 7. Each guest is given one bin, one set linens, one blanket, one pad and one pillow. Towels upon request for shower. 8. Men and women will sleep separately. Men are not allowed to sleep in the women's area and women are not allowed to sleep in the men's area. We discourage any outward signs of physical affection (kissing, hugging, etc.) at the shelter even if you are married. 9. Keep your clothing on at all times. No walking around without shirts or other articles of clothing. 10. DO NOT bring food in from the outside. Food must be consumed or disposed of before entry. 11. Do not take food or drinks outside of the table area (including outside) 12. NO FOOD OR DRINKS ON OR IN BINS OR IN SLEEPING AREA. 13. Do not loiter around the building or the driveway at any time. 14. "Searches" of bins and personal belongings will be conducted at the site coordinators/case manager's discretion. Those that choose not to comply must leave the shelter immediately and will be suspended the following evening. 15. Guests will be allowed 1 bin to store personal belongings and bedding. All other items must be removed daily. Bins will be emptied after 5 days absence and all items disposed of. VIOLATION OF THE FOLLOWING RULES WILL RESULT IN IMMEDIATE DISMISSAL FROM THE PROGRAM. -9- 1. NO SMOKING anywhere in the building. Smoking will be allowed at assigned intervals in the designated smoking area only. Smoking anywhere in the building will be cause for removal from the PADS Program. 2. NO WEAPONS OF ANY KIND ARE ALLOWED. 3. NO ALCOHOL, DRUGS OR OTHER ILLEGAL SUSBSTANCES are allowed in or around the building. 4. NO FIGHTING, YELLING, FOUL LANGUAGE, RACIAL OR SEXUAL HARASSMENT 5. THREATENING OR HARASSING STAFF OR VOLUNTEERS WILL RESULT IN PERMANENT DISMISSAL FORM THE P.A.D.S. PROGRAM -10- "las, • June 18, 2009 t TO: Mayor and Members of the City Council — -- FROM: Olufemi Folarin, City Manager ).;;, RuthAnne K. Hall, Management Analyst SUBJECT: Public Action to Deliver Shelter Purchase of Service Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a Purchase of Service Agreement with Public Action to Deliver Shelter of Elgin, Inc. (PADS). RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement with PADS providing financial support in the amount of$24,930. BACKGROUND PADS has requested the City to provide financial assistance to the agency in its efforts to provide overnight shelter and meals to the homeless. Support in the amount of$24,930 is being sought. These funds would be used solely for operating expenses, including site coordinator salary expenses. PADS was founded in 1989 as a safe haven for homeless men, women and children within our community. The mission of PADS is to break the cycle of homelessness by comprehensively addressing the needs of the local homeless population. To accomplish this, PADS not only provides emergency shelter, but also operates a full service case management program. Case workers are available seven nights a week at the shelter site and also five days a week at their offices. PADS also currently partners with over 60 social services and government agencies on a monthly basis to supply an integrated system of care to their clients. During the fiscal year of July 2008 through June 2009, PADS provided approximately 14,000 safe nights of shelter to 415 unique individuals over the time period. In addition, 25,000 meals have been served and an additional 14,500 services provided to clients (i.e. transportation, case management sessions, clothing and personal care items, life skills programs and financial literacy training). These numbers do not include sessions with visiting case managers from the Ecker Center, Renz Center or Crisis Center, which occur weekly. . . Public Action to Deliver Shelter Purchase of Service Agreement June 18, 2009 Page 2 It should be noted that PADS has complied with all the requirements for the prior year Purchase of Service Agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There are sufficient funds budgeted ($24,930) and available ($24,930) in the Riverboat Fund, account number 275-0000-791.80-29, to enter into the Purchase of Service Agreement with PADS for a total of$24,930. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Purchase of Service Agreement with PADS of Elgin, Inc. in the amount of$24,930. 2. The City Council may choose to modify the provisions of the Purchase of Service Agreement. 3. The City Council may choose to not enter into the Purchase of Service Agreement, thereby declining to support PADS of Elgin, Inc. Respectfully submitted for Council consideration. RKH Attachments , • .0 OF Ei.0 Memorandum 17, City of Elgin °/,'lit D 0 Date: July 13, 2009 To: RuthAnne Hall, Management Analyst From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-159, Adopted at the July 8, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Purchase of Service Agreement with Public Action to Delivery Shelter (PADS)