04-270 Resolution No.04-270
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
David M.Dorgan,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 prevention, outreach and treatment services for alcohol and
substance abusers, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: October 13, 2004
Adopted: October 13, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this o22, day of OCT , 2004,
by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred
to as City) and the Renz Addiction Counseling Center, an Illinois nonprofit 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 and case
management services aimed at providing a liaison to juvenile and adult drug court
clientele can be very helpful in the comprehensive treatment of alcohol and substance
abuse treatment and that the use of funds for these purposes is in the best interests of the
City and its citizens; 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$16,000.00 for the term of this contract. The first
installment of$6,000 shall be payable within thirty(30) days of the City's receipt of an
executed agreement by the Provider. The second payment will be due six months after
the date of this agreement and upon written request from the Provider. Provider shall not
be entitled to any amount of money in excess of$16,000 pursuant to this Agreement.
2. Provider shall provide the following services:
a. Laboratory alcohol and drug testing and drug case management services,
including but not limited to the continuous evaluation of client progress through
court attendance and treatment staffings which may lead to reassessment and the
development of new service plans, coordination of service or other disposition,
for individuals referred by the court and law enforcement authorities during the
term of this agreement.
b. Provider shall substantively conform to the purpose and plan attached hereto
and made a part hereof as Exhibit"A".
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 record related to the use of the
$16,000 provided for herein upon 72 hours written notice, and at a reasonable time
agreed upon by both parties hereto.
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 for any reason, 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 31, 2004, Provider shall refund to the City on a
prorated basis the funds paid herein for the portion of the contract term such program or
its operations were to be conducted upon thirty(30) days written demand by the City.
7. This Agreement shall terminate on October 1, 2005.
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, attorney's 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 this agreement, with
companies having at least an"A"rating in the Best Insurance Reports.
11. Provider shall refund, upon ten(10) days written demand, to the City:
a. Any payments received by the Provider as a result of any material
misrepresentations or fraud contained in any 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 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 deemed to be void or otherwise unenforceable for any
reason,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 LGIN
By � ✓"�
City Manager
/�A,TTEST:
By suet`�`oi+.�.,Q /�F.e-Gt4...
City Clerk
RENZ ADDICTIO�q 9 . SE Ak ' ► " R
BY 4 i//��fit I ./i
Je r Ski a o, Executiv- •/ector
•
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 court
and by other law enforcement authorities. In no event shall these services amount to more
than$16,000.
Renz Center agrees to send a status report within 30 days of a request by the City of
Elgin. Reports will be limited to a maximum of four(4)per year.
L ;
G
September 16, 2004 � ,
TO: Mayor and Members of the City Council 4AFE COMMUNITY
FROM: David M. Dorgan, City Manager
Deputy Chief James Burns
SUBJECT: Purchase of Service Agreements for Renz Addiction Counseling and Centro de
Informacion from 2003 Local Law Enforcement Block Grant funds
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the approval of a Purchase of Service Agreement with Renz Addiction
Counseling Center and Centro de Informacion under the U.S. Department of Justice Block Grant
2003.
RECOMMENDATION
It is recommended that the City Council approve the Purchase of Service Agreements for Renz
Addiction Counseling Center in the amount of$16,000 and Centro de Informacion in the amount
of$10,000.
BACKGROUND
On May 26, 2004, the City Council approved the recommendations of the Elgin Gang and Drug
Task Force for the distribution of funds under the US Department of Justice (USDOJ) Local Law
Enforcement Block Grant 2003. The recommendations included Purchase of Service Agreements
with Renz Addiction Counseling Center and Centro de Informacion. Staff has worked with both
agencies to develop purchase of service agreements for these programs that are in keeping with
Elgin City policy and the Department of Justice guidelines. Both agreements are complete and
ready for approval.
Both agreements require quarterly reporting on their activity, as required by the United States
Department of Justice Grant.
These agreements are funded through a United States Department of Justice Local Law
Enforcement Block Grant, which requires a City match of 10 percent of all funded programs.
..
2003 LLEBG-PSA-Renz & Centro
September 17, 2004
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
These programs were received through an open application process and public hearing held
under the guidance of the Department of Justice by the Elgin Gang and Drug Task Force.
FINANCIAL IMPACT
There are sufficient funds budgeted ($26,000) and available ($26,000) in the Bureau of Justice
Grant Fund, account number 252-0000-791.30-99, Professional Services/Miscellaneous for the
contract with Renz ($16,000) for the drug testing program and Centro de Informacion ($10,000)
for the"Families in Crisis"program.
LEGAL IMPACT
None.
ALTERNATIVES
1. The City may choose not to enter into these agreements and return the grant funds to the
United States Department of Justice for re-distribution.
2. The City may add additional requirements or restrictions for the use of these funds in
keeping with the guidelines from the United States Department of Justice.
Respectfully submitted for Council consideration.
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