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07-111 Resolution No. 07-111 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 Olufemi Folarin, 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 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: May 9, 2007 Adopted: May 9, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT T.IS AGREEMENT is made and entered into this day of ki , 2007, by and between the CITY OF ELGIN, Illinois, a mu icipa corporation (hereinafter referred to as the "City") , and PADS o 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 o9 the dates and times as described in the document entitled PADS of Elgin, Inc. - Scope of Services for 2007 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 Thirty Thousand Four Hundred Dollars ($30, 400) . Such payment by the City to the Service Provider shall be made in two installments of Fifteen Thousand Two Hundred Dollars ($15, 200) . 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, 2007 . 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 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, 2007; December 31, 2007; March 31, 2008; and June 30, 2008 . 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, 2007 . 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 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, 2008 . 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 June 30, 2008, 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 the Service Provider has procured all licenses, permits or like permission required by law to conduct or engage in the Subject Services provided for in this agreement, and that the Service Provider will procure all additional licenses, permits or like permission hereinafter required by law during the term of this agreement, and that the Service Provider will keep same in full force and effect during the term of this agreement. Service Provider shall perform -3- 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 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 June 30, 2008 . 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 from the Service Provider reasonable interest and reasonable attorney' s fees . -4- • 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 paragraph shall survive any expiration 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 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 -5- 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; -6- • C. a description of sexual harassment, utilizing examples; 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. 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. 150 Dexter Court 164 Division St. , Suite 503 Elgin, IL 60120-5555 Elgin, IL 60120 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 26. 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. 27 . 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. -7- • 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 r--- By By City ..,1-17.ager ' __-; - - Attest: af4114.-,"43_ 144-12--CJ&sr-- City Clerk -8- EXHIBIT A PADS of Elgin, Inc. - SCOPE OF SERVICES FOR 2007 PURCHASE OF SERVICE AGREEMENT 1 . PADS shall apply and utilize the $30, 400 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 a temporary overnight shelter or any adjacent premises. No smoking shall be permitted on any exterior premises of any property utilized for a temporary homeless shelter or any adjacent premises which are visible from any public right-of-way. c. To stay for more than three nights at any property utilized as a temporary 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 had a mailing address within the City of Elgin within the last 24 months; 2 . The person currently has established employment in the City of Elgin; 3 . The person has immediate family (spouse, parents or children) currently living at a mailing address within the City; or 4 . The person is attending or has children attending a school in the City of Elgin. 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. The term of this Agreement shall be from June 2007 through June 2008 . -9- EXHIBIT B P.A.D.S. of Elgin, Inc- Program Rules For the safety and comfort of all guests, the following rules will be strictly enforced. In order to maintain order and to assure fair treatment of everyone, compliance with these regulations will be required! 1 . Prior to admittance, all adult guests will be given a Breathalyzer test. The legal limit is . 08 and P.A. D.S. 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. Nor Exceptions . 2 . Anyone desiring admittance to the shelter after 9: 30 p.m. must be brought in by the police. Those who work and have pre- arranged agreement in writing with the staff will be allowed in after 9: 30 p.m. Guests who leave after checking in must present a signed late entry/reentry form in order to be readmitted. 3 . Lights are out at 10: 00 p.m. All guests must be on their pads so that others may get their sleep. NO EXCEPTIONS ! NO NOISE ! 4 . Only registered guest are allowed in the facility. No visitors will be allowed at any time. 5 . 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 written agreement with the staff. A previously signed Entry/Reentry Form is required) . 6. Each guest is allowed one sheet, one blanket, one pad and one pillow. 7 . Men and women will sleep separately. Men are not allowed in the women' s area and women are not allowed in the men' s area. We discourage any outward signs of physical affection (kissing, hugging etc. ) at the shelter even if you are married. 8 . Keep your clothing on at all times. No walking around without shirts or other articles of clothing. 9. Do not take food or drinks outside of the table area (including outside) OR bring sleeping pads into the eating/conversation area. 10. Do not loiter around the building or the driveway when you leave the building in the morning. 11 . "Searches" will be conducted at the site coordinator/Case Manager' s discretion. Those that choose not to comply must leave the shelter immediately and will be suspended the following evening. VIOLATION OF THE FOLLOWING RULES WILL RESULT IN IMMEDIANTE DISMISSAL FORMTHE PROGRAM -10- 1 . NO SMOKING anywhere in the building. Smoke breaks are 7 : 30 p.m. , 8 : 30 p.m. and 9: 30 p.m. Guest will be accompanied by a volunteer of P.A.D.S. employee and stand outside the building at the area assigned by the staff. Guest are to return promptly when break is over. There is no morning smoke break! Guests who go outside to smoke in the morning will not be allowed back in the shelter. 2 . NO WEAPONS OF ANY KIND ARE ALLOWED 3. NO ALCOHOL. DRUGS OR OTHER ILLEGAL SUBSTANCE are allowed in or around the building. 4 . NO FIGHTING, YELLING, FOUL LANGUAGE, RACIAL OR SEXUAL HARASSMENT of the volunteers, staff or other guest will be tolerated an will result in immediate dismissal. 5. THREATENING OR HARASSING STAFF OR VOLUNTEERS MIL RESULT IN PERMANENT DISMISSAL FORM THE P.A.D.S. PROGRAM -11- 00w ,, City of Elgin Agenda Item No. Gyri TI;D Ftp - ' April 20, 2007 r TO: Mayor and Members of the City Council 1 , FROM: Olufemi Folarin, City Manager RuthAnne K. Hall, Managemen 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 (PADS.) RECOMMENDATION It is recommended that the City Council approve the Purchase of Service agreement with PADS of Elgin, Inc., providing financial support in the amount of$30,400. 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$30,400 is being sought. These funds would be used solely for operating expenses, including site coordinator salary expenses. PADS of Elgin is a seventeen year old organization that exists to support homeless men, women and children, with the majority of them coming from the Dundee, Elgin, and Hanover Townships. PADS operates an overnight emergency shelter that is hosted by area churches. From July 1, 2006 through March 30, 2007, PADS has registered 341 unique individuals, of which 60 are women and 13 are children. In that same time frame PADS has provided 7,644 nights of shelter, approximately 9,800 meals and 3,300 additional services in case management, transportation, groups for job training, resume writing, and drug and mental health counseling. 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 7 nights a week at the shelter site and also 5 days a week at our offices. PADS also currently partners with many organizations to increase the variety of services they offer including the Ecker Center, Community Crisis Center, Renz Center and Greater Elgin Family Care Center. • r Public Action to Deliver Shelter PSA April 20, 2007 Page 2 It should be noted that PADS of Elgin, Inc. has complied with all the requirements for the prior year Purchase of Service Agreement. The funding provided by the City of Elgin is 9 percent of the overall budget for the organization. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None W'INANCIAL IMPACT There are sufficient funds budgeted ($30,400) and available ($30,400) in the Riverboat Fund, account number 275-0000-791.80-29, to enter into the Purchase of Service Agreement with PADS of Elgin, Inc. for a total of$30,400. voWLEGAL IMPACT None ALTERNATIVES 1. Approve the Purchase of Service Agreement with PADS of Elgin, Inc. 2. Modify the provisions of the Purchase of Service Agreement. 3. Elect not to enter into the Purchase of Service Agreement, thereby declining to support PADS of Elgin, Inc. Respectfully submitted for Council consideration. RKH Attachments