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04-75 Resolution No. 04-75 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SRVICE AGREEMENT WITH THE RENZ ADDICTION COUNSEL G CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Cllerk,be and are hereby authorized and directed to execute a Purchase of Service Agreement on behal' of the City of Elgin with the Renz Addiction Counseling Center for a community based gamblin addiction treatment and prevention program, a copy of which is attached hereto and made a part h reof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 31, 2004 Adopted: March 31, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGR:EMENT G L THIS AGREEMENT is made and entered i oto on this ) t � ---day of (}1MIL 2004 , by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referr=d to as "City") , and the Renz Addiction Counseling Center, an llinois not-for-profit corporation (hereinafter referred to as "Provider" ) for services for the Problem and Compulsive Gambling Program. WHEREAS, City has determined that compulsive gambling is a serious social problem which is destru tive not only to the individuals directly affected by such behavior, but which is also generally detrimental to the general safety and welfare of the citizens of City; and WHEREAS, Provider provides prevention, outreach and treatment services for compulsive gambling; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby a•;ree as follows : 1 . Provider shall provide a budget which shall reflect the projected distribution of funds received from the City during the term of this agreemeit by May 1, 2004 . 2 . Provider shall furnish City reasonably competent professional treatment and ed cational services for compulsive gambling for a period beginning on the date of the agreement and ending Decemb:r 31, 2004 . 3 . City shall pay to Provider an .:mount not to exceed of $24 , 900 . 00 for the term of this contract in two installments of $12 , 450 . 00 payable within thirty (30) days of execution of this agre:ment and July 1, 2004 . Payments shall be made upon wditten request from the Provider. Provider shall not be entitled to any payment in excess of said $24 , 900 . 00 pur.uant to this Agreement . The second installment payment -.hall be made only after receipt of the written report re.uired as provided for in Section 5 . Provider shall util ' ze such monies from the City solely and only for the costs related to the services to be provided by the Provider pursuant to this agreement . 4 . Provider shall maintain detailed records and receipts of all services and other expenditures provided directly and solely pursuant to City' s fulf ' llment of the terms of this Agreement, and shall make s ch records and receipts available to City for inspec ion and copying upon reasonable notice . 5 . The Provider shall provide two w itten reports detailing all program activities and the .isbursement of any and all City funds spent by Provider The fist report shall be provided to the City Council by May 31, 2004 . The second report shall be provided to the City Council by December 31, 2004 . These repor s shall be submitted to the City Manager' s Office, 150 Dexter Court, Elgin, Illinois 60120 . 6 . Provider shall provide City wiuh financial statements relative to the organization' s Notal operations . These statements shall be provided on or before July 31, 2004 and December 31, 2004 . 7 . The City shall be recognized as . sponsor of the Provider and shall receive the benefits o sponsorship consistent with the level of support prov' ded. At minimum, the City' s support shall be acknowle.ged in the Annual Report and WEB page information. Sampl=s of this acknowledgment shall be provided to the City. 8 . The Provider shall provide appr.priate case management services including but not li ited to the continuous evaluation of client progres- which leads to re- assessment and the development of new service plans, coordination of services, or of er disposition. 9 . The Provider shall comply with any and all applicable laws, guidelines, regulations ol ordinances imposed by all Local , State, and Federal r=gulatory authorities . 10 . Provider agrees that no person -hall, on the grounds of race, color, national origin, s-x, age, disability, or handicapped status or relig ' on be excluded from participating in, or be denied the benefits of, or be subjected to discrimination and=r any service, program, or activities funded with any portion of the funds received by the Provider under Nhis Agreement . 11 . City shall have the right to c:ncel 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 City' s sole judgm:nt, in a timely fashion, any obligation of the Provider under this Agreement . Such written notice from City t. the Provider shall be effective on the first day of the month immediately following the mailing of the wr ' tten notice as provided hereafter, as of which first of he month, in such event, City shall have no further obligation under this Agreement, whether for the payme t of money or otherwise. Provider shall have the same right to cancel this Contract by the giving of such written notice, to be effective in the same fashion, .n the first day of the month immediately following the mailing of the notice. In the event this Agreement is terminated or in the event the program for which the City f nds provided herein are to be applied is discontinued or Provider ceases operations prior to December 3 , 2004 , Provider shall refund to the City any unexpende. funds paid by the City hereunder. 12 . This Agreement shall terminate on December 31, 2004, unless otherwise terminated as .rovided herein. 13 . To the fullest extent permitted by law, Provider agrees to indemnify, defend and hold harmless the City, its officers, employees, boards an. commissions from and against any and all claims, s its, 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 od omissions of Provider' 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 sha 1 be defended by legal counsel of the City' s choosing. The provisions of this paragraph shall survive any term'nation and/or expiration of this agreement . 14 . The Provider shall promptly ref nd to the Purchaser: a. Any payments received by tie Provider as a result of any material misre.resentation or fraud contained in any statement-. , written or oral, made by the Provider or any of i s agents, employees, or subcontractors to City. Pr.vider acknowledges that payment is made under this Contract dependent also upon the proper qualificat ' ons of Provider' s staff and employees . Material isrepresentation 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 reasonable quality of serv' ce which is determined subsequent to payment of Provider' s fee . b. If at any time, pursuant o this paragraph, Provider owes a refund tc City, City may set off same from any monies otherwise due from City to Provider hereunder, in City' s sole judgment . c . City shall be entitled to all other remedies which may be available by law. 15 . The terms of this agreement sh.11 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 sh,:11 remain in full force and effect . 16 . This agreement shall not be dee -d or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. CITY OF ELGIN RENZ A.'ADICTION OUNSELING CENT i .iiiI/i► Dik....._...---- BY/' /-1 ,44G.`t^ BY David Dorgan Je. �.gmo E -f t Ie Director Attest : af-)14)"-‘"-t0 A--Q---r---A-A-'- Dolonna Mecum City Clerk tiAgenda Item No. E ' � City of Elgin , VI It_ s • E March 5, 2004 G I � N TO: Mayor and Members of the City Council SAFE COMMUNITY FROM: David M. Dorgan, City Manager V.M RuthAnne Hall, Planning & Preservation Coor inator SUBJECT: Purchase of Service Agreement with Renz Add.ction Counseling Center for a Community Based Gambling Addiction Treat ent and Prevention Program PURPOSE The purpose of this memorandum is to provide the Mayor an. members of the City Council with information to consider a Purchase of Service Agreement wi h the Renz Addiction Counseling Center for support of the Community Based Gambling Ads iction Treatment and Prevention Program. RECOMMENDATION It is recommended that the City Council approve the Purch.se of Service Agreement with the Renz Center to support the Community Based Gambling A•diction Treatment and Prevention Program as presented. BACKGROUND Since 1996 the City has sponsored the Gambling Addiction reatment and Prevention Program administered by Renz Addiction Counseling Center. The p ogram seeks to address gambling problems in three primary ways: (1) provide assessment an. early intervention of compulsive gambling; (2) treatment of compulsive gamblers with i dividual and group counseling; (3)outreach efforts to educate the general public about compul ive and problem gambling. Funds provided in 2003 provided direct clinical treatment to 0 individuals, seventeen of which listed their city of residents as Elgin or South Elgin. Resident. of Aurora, Bartlett, Carol Stream, Carpentersville, Gilberts, Hoffman Estates, McHenry, and '.t. Charles are among those also served by the program. Some clients enter the program as referrals from the court syste . Renz is the only not-for-profit agency in the area known to offer a family program which of only serves the gamblers, but provides support for affected family members. From January 1, 2003, through December 31, 2003, Renz C-nter staff delivered 358 hours of service to the gambling program; a decrease from the 928 hours of service registered in 2002. • PSA Renz Addiction Counseling Center March 5, 2004 Page 2 The City of Elgin is the only municipality providing direct funding for the compulsive gambling program administered by Renz. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Renz Addiction Counseling Center. FINANCIAL IMPACT I Sufficient funds are budgeted and available ($18,920) in t e 2004 Budget, Riverboat Fund, account number 275-0000-791.80-05, Contributions, to enter i to this agreement. LEGAL IMPACT \04 ' None. ALTERNATIVES 1. Approve Purchase of Service Agreement with Re Addiction Counseling Center as presented. 2. Modify the Purchase of Service Agreement with Re Addiction Counseling Center as presented. 3. Reject Purchase of Service Agreement with Renz Addiction Counseling Center as presented. Respectfully submitted for Council consideration. rh Attachment PURCHASE OF SERVICE At REEMENT THIS AGREEMENT is made and entered into on this day of , 2004, by and between the city of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") , and the Renz Addiction Counseling Center, and Illinois not-for-profit corporation (hereinafter referred to as "Provider") for services fo the Problem and Compulsive Gambling Program. WHEREAS, City has determined that compulsive gambling is a serious social problem which is dest uctive not only to the individuals directly affected by such be avior, but which is also generally detrimental to the general s fety and welfare of the citizens of City; and 1 WHEREAS, Provider provides preventiain, outreach and treatment services for compulsive gambling; 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 . Provider shall provide a budge which shall reflect the projected distribution of fund received from the City rduring the term of this agreem nt by March 1, 2003 . 2 . Provider shall furnish Cit reasonably competent professional treatment and e ucational services for compulsive gambling for a perio beginning on the date of the agreement and ending Dece er 31, 2003 . 3 . City shall pay to Provider an amount not to exceed of $18, 920 . 00 for the term of this contract in two installments of $9,460 .00 payable within thirty (30) days of execution of this agreement and July 1, 2004 . Payments shall be made upon w itten request from the Provider. Provider shall not b entitled to any payment in excess of said $18, 920 . 00 pu suant to this Agreement. The second installment payment shall be made only after receipt of the written report required as provided for in Section 5 . 4 . Provider shall maintain detaile records and receipts of all services and other expenditu es provided directly and solely pursuant to City' s fulf llment of the terms of this Agreement, and shall make such records and receipts available to City for inspection and copying upon reasonable notice. PSA Renz Addiction Counseling Center March 5, 2004 Page 2 From January 1, 2003 through December ', 31, 2003 , Renz Center staff delivered 358 hours of service to the gambling program; a decrease from the 928 hours of service registered in 2002 . The City has included $18, 920 in the 2004 Budget for support of this program. The City of Elgin is the only municipality providing direct funding for the compulsive gambling program administered by Renz. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Renz Addiction Counseling Center. FINANCIAL IMPACT Sufficient funds are budgeted and available ($18, 920) in the 2004 Budget, Riverboat Fund, Contributiols, Account Number 275- 0000-791 . 80-05 for this agreement . LEGAL IMPACT None. ALTERNATIVES 1 . Approve Purchase of Service Agreement with Renz Addiction Counseling Center as presented. 2 . Modify the Purchase of Service Agreement with Renz Addiction Counseling Center as preseiited. 3 . Reject Purchase of Service Agreement with Renz Addiction Counseling Center as presented. Respectfully submitted for Council consid ration. P Y DD:rh Attachment