06-104 Resolution No.06-104
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF S:RVICE AGREEMENT WITH
THE RENZ ADDICTION COUNSEL I G CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF TH: CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Dolonna Mecum,City Cle k,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 gambling addiction treatment and prevention
program, a copy of which is attached hereto and made a part h-reof by reference.
s/Ed Schock
Ed Sc ock,Mayor
Presented: May 10, 2006
Adopted: May 10, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
II
PURCHASE OF SERVICE AGRDEMENT
THIS' AGREEMENT is made and ente .ed into thise.:., 1 day
of / " , 2006, by and between the ITY OF ELGIN, Illinois,
a municipal corporation (hereinafter refe red to as the "City") ,
and Renz Addiction Counseling Center, a no—for-profit corporation
organized and existing under the laws of the State of Illinois
(hereinafter referred to as the "Service 'rovider") .
WHEREAS, the City has determined ' hat it would serve a
beneficial public purpose to enter into an agreement with the
Service Provider for the Service Provi.er to provide certain
contract services as described in this ag eement; and
WHEREAS, the Service Provider repr=sents that it has the
necessary expertise and experience to furn sh the Subject Services
upon the terms and conditions set forth i this agreement.
NOW, THEREFORE, in consideration of he mutual promises and
covenants contained herein, the sufficie cy of which is hereby
acknowledged, the parties hereto hereby a.ree as follows :
1. The Service Provider shall prov de all of the services
pursuant to the terms and conditions and o the dates and times as
described in the document entitled Renz Add' ction Counseling Center
- Scope of Services for 2006 Purchase of Service Agreement,
attached hereto as Exhibit A and made a pat hereof (such services
including the terms, conditions, dates ano times are hereinafter
referred to as the "Subject Services") . In the event of any
conflict between the provisions of t is agreement and the
provisions in Exhibit A, the provisions .f this agreement shall
control. The Service Provider represent- and warrants that the
Service Provider has the skills and knowle.,ge necessary to conduct
the Subject Services provided for in Exhibi A and that the Subject
Services set forth in Exhibit A are integral parts of this
agreement and may not be modified, amendeo or altered except by a
written amendment to this agreement agreed to and executed by both
parties hereto.
2 . The Service Provider shall add ess 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 S-rvices to be performed
on other than City properties, the Servic- Provider warrants and
agrees to maintain all facilities and -quipment used in the
performing of the Subject Services in a clean, sanitary and safe
condition and free from defects of every k'nd 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 Dollars ($24, 900) . Such payment by the
City to the Service Provider shall be made in two installments of
Twelve Thousand Four Hundred Fifty Dollars ($12, 450) . 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 July 31, 2006. 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.
-2-
B. The Service Provider shal provide written
performance reports detailing the disbursements
of the monies to be paid by the City to the
Service Provider pursuant • o this agreement.
The reports shall be pro ided to the City
quarterly on March 31, 2006; June 30, 2006;
September 30, 2006; and Dec:mber 31, 2006.
C. The City has the right to re iew all accounting
records of the Service Prov der 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 notic- from the City to
the Service Provider.
D. The Service Provider sha 1 have an audit
performed on its financial statements for the
fiscal year ending June 30 2005. The audit
must be performed by an in.ependent certified
public accountant recognize. in good standing
by the American Institute •f Certified Public
Accountants and licensed in the State of
Illinois . The Service Provider shall provide
the City with two copies oi the said audited
financial statement along ith the management
letter and any other corres;.ondence related to
internal control matters on or before July 15,
2006. These statements sh.11 be submitted to
the Assistant City Manager at City Hall, 150
Dexter Court, Elgin, Illinois 60120-5555 .
7 . In the event this agreement i- terminated, or in the
event the Subject Services for which the C' ty funds provided herein
are to be applied are discontinued, or the Service Provider ceases
its operations prior to December 31, 2006, the Service Provider
shall refund to the City on a prorated p-r diem basis the funds
paid hereunder for the portion of the year remaining after any such
termination or for the portion of the ye.r the Subject Services
were not conducted.
8 . Service Provider agrees and wa rants that the Service
Provider has procured all licenses, per its or like permission
required by law to conduct or engage ' n the Subject Services
provided for in this agreement, and that tl e Service Provider will
procure all additional licenses, permits or like permission
hereinafter required by law during the tern of this agreement, and
that the Service Provider will keep same n full force and effect
-3-
during the term of this agreement. Service Provider shall perform
the Subject Services with due care and in compliance with all
applicable legal requirements .
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 gambling treatment
services, 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, 2006 .
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. Notwithstanding the
foregoing, or anything else to the contrary in this agreement, no
action shall be commenced by the Service Provider against the City
for monetary damages . 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
-4-
from the Service Provider reasonable i terest and reasonable
attorney' s fees .
14 . Notwithstanding any other provis on 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 reimbur-,able expenses actually
incurred prior to termination, except that reimbursement shall not
in any event exceed the total amount set ' orth under paragraph 4
above. Additionally, in the event this agr-ement is so terminated,
the Service Provider shall immediately ceas- the expenditure of any
funds paid to the Service Provider by the lity and shall refund to
the City any unearned or unexpended funds .
15. To the fullest extent permitted .y law, Service Provider
agrees to indemnify, defend and hold armless the City, its
officers, employees, agents, boards an. commissions from and
against any and all claims, suits, judgm:-nts, costs, attorney' s
fees, damages or other relief, includi g but not limited to
worker' s compensation claims, in any way r:-sulting from or arising
out of negligent actions or omissions of he Service Provider in
connection herewith, including negligence or omissions or agents of
the Service Provider arising out of t e performance of this
agreement and/or the Subject Services. In the event of any action
against the City, its officers, employ:es, agents, boards or
commissions covered by the foregoing duty o indemnify, defend and
hold harmless, such action shall be defen.ed by legal counsel of
the City' s choosing. The provisions o this paragraph shall
survive any expiration and/or termination of this agreement.
16. The Service Provider shall provi.e, 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 w' th 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 germ of this agreement,
worker' s compensation insurance in amounts required under the laws
of the State of Illinois . At the request of the City the Service
Provider shall provide to the City cer ificates of insurance
regarding the insurance required in this .aragraph.
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 Agreemen or because of their
execution, approval or attempted executio of this Agreement.
-5-
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;
-6-
B. the definition of sexual haras-ment under state law;
C. a description of sexual harassm,nt, utilizing examples;
D. the vendor' s internal compl.int process including
penalties;
E. the legal recourse, investigati e and complaint process
available through the Illino' s Department of Human
Rights, and the Illinois Human Rights Commission;
F. directions on how to conta.t 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/.-105) .
25. All notices, reports and documents required under this
Agreement shall be in writing and shall .e mailed by First Class
Mail, postage prepaid, addressed as follo s :
As to the City: As to Se ,vice Provider:
City of Elgin Renz Add ction Counseling Center
150 Dexter Court 2 Americ.:n Way
Elgin, IL 60120-5555 Elgin, Ii 60120
Attention: Sean Stegall Attentio : Jerry Skogmo
Assistant City Manager Executive Director
With a copy to:
William A. Cogley, Corporation Cou, sel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
26. This agreement is and shall be deemed to construe to be
a joint and collective work product of ti e City and the Service
Provider and, as such, this agreement shall not be construed
against the other party, as the otherwi.e purported drafter of
same, by any court of competent jurisdicuion in order to resolve
any inconsistency, ambiguity, vagueness or conflict, if any, of the
terms and provisions contained herein.
27 . This agreement shall be bindi g 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 wriuten consent of the City
-7-
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 RENZ ADDICTION COUNSELING CENTER
corporation
By By A 41e#
City pager j
Attest:
City Clerk
F:\Legal Dept\Agreement\PSA-DRAFT FORM 1-06 WAC.doc
-8-
EXHIBIT A
RENZ ADDICTION COUNSELING CENTER-SCOPE OF SERVICES FOR
2006 PURCHASE OF SERVICE AGREEMENT
1 . Provider shall furnish to the general population, at a
location within the corporate limits of City, reasonably competent
professional treatment and educational services for compulsive
gambling for a period beginning on the date of this agreement and
ending December 31, 2006 .
2 . The Provider shall provide appropriate case management
services, including, but not limited to, continuous client progress
evaluation; re-assessment and the development of new service plans;
and coordination of services .
3 . The Provider shall comply with any and all applicable
laws, guidelines, regulations or ordinances imposed by all Local,
State, and Federal regulatory authorities .
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.
-9-
¢ � § City of Elgin
Agenda Item No. E
GN
April 21, 2006 I
TO: Mayor and Members of the City Council spFE CO MMUIVI ry
FROM: Olufemi Folarin, City Manager
RuthAnne K. Hall, Manageme Analyst
SUBJECT: Purchase of Service Agreement with Renz AU diction Counseling Center for a
Community Based Gambling Addiction Treatm,nt and Prevention Program
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider a Purchase of Service Agreement wi I the Renz Addiction Counseling
Center for support of the Community Based Gambling Adri iction Treatment and Prevention
Program.
RECOMMENDATION
It is recommended that the City Council approve the Purcha.e of Service Agreement with the
Renz Center to support the Community Based Gambling A•diction Treatment and Prevention
Program, at a cost of$24,900.
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) provide treatment of compulsive gamblers wi • individual and group counseling;
and (3) provide outreach efforts to educate the general pub is about compulsive and problem
gambling.
Funds provided in 2005 provided direct clinical treatment to 15 individuals, three of which listed
their city of residence as Elgin. Residents of Aurora, Bart ett, Carpentersville, Crystal Lake,
Hampshire, Lombard, and West Chicago are among those a so served by the program. Some
clients enter the program as referrals from the court syste I . Renz is the only not-for-profit
agency in the area known to offer a family program which not only serves the gamblers, but
provides support for affected family members.
10
�,.. PSA Renz Addiction Counseling Center
April 21, 2006
Page 2
The City of Elgin is the only municipality providing direct sing for the compulsive gambling
program administered by Renz.
It should be noted that Renz has complied with all the requir:ments for the prior year Purchase
of Service Agreement.
COMMUNITY GROUPS/INTERESTED PERSONS CON ACTED
None.
r , FINANCIAL IMPACT
'
Sufficient funds were budgeted ($24,900) in the 2006 Budget Riverboat Fund, account number
275-0000-791.80-05, to enter into this agreement for $24,901. The first installment payment of
$12,450 was made on April 14, 2006, and sufficient funds I$12,450) remain budgeted for the
second installment payment.
L AL IMPACT
None.
ALTERNATIVES
1. Approve Purchase of Service Agreement with Re Addiction Counseling Center as
presented.
2. Modify the Purchase of Service Agreement with Re z Addiction Counseling Center as
presented.
3. Reject Purchase of Service Agreement with Re . Addiction Counseling Center as
presented.
Respectfully submitted for Council consideration.
RKH
Attachment
Airy