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02-275 Resolution No. 02-275 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE RENZ ADDICTION COUNSELING CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, 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 Renz Addiction Counseling Center for partial funding for drug testing, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 24, 2002 Adopted: July 24, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 11th day of July, 2002, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and Renz Addiction Counseling Center, an Illinois not-for-profit corporation (hereinafter referred to as "Provider") for services of the assessment and treatment of individuals, who abuse alcohol and/or substances and have been affected by domestic violence. WHEREAS, the City has determined that drug and alcohol laboratory testing can be very helpful in the comprehensive treatment of alcohol and substance abuse treatment and that the use of funds for these purposes is recommended; and WHEREAS, the Provider provides prevention, outreach and treatment services for alcohol and substance abuse; and NOW, THEREFORE, for and 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 Provider the sum of $4,500.00 for the term of this contract, the first installment of $2,250 shall be payable within thirty (30) days of the City' s receipt of an executed agreement signed by the Provider. The second payment will be due approximately six months after the contract is executed and upon written request from the Provider. Provider shall not be entitled to any amount of money in excess of $4, 500 pursuant to this Agreement. 2 . Provider shall provide the following services : a. Laboratory alcohol and drug testing and drug case management services to clients referred by the local drug court and by other law enforcement authorities for a one year period beginning July 11, 2002, and ending July 11, 2003, which services are more particularly described in Exhibit "A" , which is attached hereto and made a part hereof. Exhibit "B" , a budget, is also attached and made a part hereof. b. Case management services, including but not limited to the continuous evaluation of client progress which leads to reassessment and the development of new service plans, coordination of services or other disposition. c. Maintain full compliance with any and all applicable labor standards imposed by all local, state and federal regulatory authorities . 3 . The City shall have the right to review all accounting records related to the use of the $4, 500 provided for herein upon 72 hours written notice, and at a reasonable time agreed upon by both parties hereto. t. 4. Provider agrees that no person shall, on the grounds of race, color, national origin, sex, age, disability or handicapped status or religion be excluded from participating in, or be denied the benefits of, or be subjected to discrimination under any service, program or activities funded with any portion of the funds received by the Provider under this Agreement. 5. City shall have the right to cancel this Agreement by written notice to the Provider, at any time, in City' s sole and absolute judgment that the Provider has failed to perform in a timely fashion, any obligation of the Provider under this Agreement. Such written notice from City to Provider shall be effective upon receipt by the Provider and the City shall have no further obligation under this Agreement, whether for the payment of money or otherwise. 6. In the event this agreement is terminated or in the event the program for which the City funds provided herein are to be applied is discontinued or Provider ceases operations prior to December 30, 2002, Provider shall refund to the City on a prorated basis the funds paid hereunder for the portion of the contract term such program or its operations were to be conducted. 7. This Agreement shall terminate on July 11, 2003 . 8. To the fullest extent permitted by law, Renz agrees to and shall indemnify, defend 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 Renz in connection herewith, including negligence or omissions of employees or agents of Renz 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, defend and hold harmless such action shall be defended by legal counsel of the City' s choosing. 9. This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 10. Provider shall procure and maintain at all times during the term of this Agreement insurance for comprehensive general liability insurance and bodily injury liability limited (including coverage for mental injury and emotional distress) , not less than One Million Dollars ($1, 000, 000) per occurrence and Two Million Dollars ($2, 000, 000) aggregate insuring the Provider and City, and their officers, employees and any volunteer while acting on behalf of the same, against any liability set forth in paragraph A, with companies having at least an "A:" rating in the Best Guide. 11. Provider shall promptly refund to the Purchaser: a. Any payments received by the Provider as a result of any material misrepresentation or fraud contained in any • t1 statements, written or oral, made by the Provider or any of its agents, employees or subcontractors to City. Provider acknowledges that payment made under this Agreement is dependent also upon the proper qualifications of Provider' s staff and employees. Material misrepresentation shall include, but not be limited to, the qualifications of Provider, employees, staff and their agents. In addition, material misrepresentation shall also include the failure by Provider to perform a reasonable quality of service which is determined subsequent to payment of Provider' s fee. Said quality of service shall be determined solely by the City of Elgin. b. If at any time, pursuant to this paragraph, Provider owes a refund to City, City may set off same from any monies otherwise due from City to Provider hereunder, in City's sole discretion. 12 . The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are found to be void or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. 13 . 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above. CITY OF ELGIN By J.`‘ Cit Manager • ATTEST: By City Cler RENZ ADDICTION COUNSELING CENTER BY s'�.�/i/� ;/ Je. ry .gm.,` Exefutive Director F:\1 'ga1 Dept\Agreement\PSA-Renz-dbl 5-13-02.wpd EXHIBIT A Renz Addiction Counseling Center (Renz Center) agrees to provide drug testing and drug abuse case management services to individuals referred to Renz Center by the local "drug court" and by other law enforcement authorities. Renz Center agrees to send a status report in September 2002, December 2002, March 2003, and a final report at the close of the grant period, June 11, 2003 .