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07-18 Resolution No. 07-18 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 Cl: k,be and are hereby authorized and directed to execute a Purchase of Service Agreement on beha f 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 ereof by reference. s/R..ert Gilliam Robe Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk PURCHASE OF SERVICE AG'EEMENT THIS AGREEMENT is made and entered into this a'4 day of Jo.tmva�, , 2007, by and between the CITY OF ELGIN, Illinois, a municip�3 corporation (hereinafter ref:rred to as the "City") , and Renz Addiction Counseling Center, a net-for-profit corporation organized and existing under the laws ol the State of Illinois (hereinafter referred to as the "Service 'rovider") . WHEREAS, the City has determined that it would serve a beneficial public purpose to enter int. an agreement with the Service Provider for the Service Provi.er to provide certain contract services as described in this agreement; and WHEREAS, the Service Provider repr-sents that it has the necessary expertise and experience to fur ish the Subject Services upon the terms and conditions set forth i 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 pro ide all of the services pursuant to the terms and conditions and o' the dates and times as described in the document entitled Renz Ad.iction Counseling Center - Scope of Services for 2007 Purchase of Service Agreement, attached hereto as Exhibit A and made a pa' t hereof (such services including the terms, conditions, dates a d 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 Exhib't A and that the Subject Services set forth in Exhibit A are ' ntegral 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 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, 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 sha 1 provide written performance reports detaili g the disbursements of the monies to be paid .y the City to the Service Provider pursuant to this agreement. The reports shall be pro ided to the City quarterly on March 31, 2017; June 30, 2007; September 30, 2007; and December 31, 2007 . C. The City has the right to review all accounting records of the Service Prov'der related to the use of the monies to be pal. by the City to the Service Provider pursuant to this agreement upon 72 hours advance noti.e 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 2006 . The audit must be performed by an in.ependent certified public accountant recognize. in good standing by the American Institute of Certified Public Accountants and licensed in the State of Illinois . The Service Prov der shall provide the City with two copies o the said audited financial statement along with the management letter and any other corres.ondence related to internal control matters on or before July 15, 2007 . These statements shall be submitted to the Assistant City Manager at City Hall, 150 Dexter Court, Elgin, Illina' s 60120-5555 . 7 . In the event this agreement is terminated, or in the event the Subject Services for which the Ci y funds provided herein are to be applied are discontinued, or the Service Provider ceases its operations prior to December 31, 2007, the Service Provider shall refund to the City on a prorated per diem basis the funds paid hereunder for the portion of the year .emaining after any such termination or for the portion of the year the Subject Services were not conducted. 8 . Service Provider agrees and war ants that the Service Provider has procured all licenses, perm' ts or like permission required by law to conduct or engage in the Subject Services provided for in this agreement, and that th- Service Provider will procure all additional licenses, permit. or like permission hereinafter required by law during the term of this agreement, and that the Service Provider will keep same i 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, 2007 . 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 nterest and reasonable attorney' s fees . 14 . Notwithstanding any other provi ion hereof, the City may terminate this agreement at any time upo thirty (30) days prior written notice to the Service Provide . In the event this agreement is so terminated, the Service P ovider shall be paid for services actually performed, and reimbu sable expenses actually incurred prior to termination, except thao reimbursement shall not in any event exceed the total amount set forth under paragraph 4 above. Additionally, in the event this ag eement is so terminated, the Service Provider shall immediately cea .e 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 armless the City, its officers, employees, agents, boards ano commissions from and against any and all claims, suits, judg ents, costs, attorney's fees, damages or other relief, including but not limited to worker' s compensation claims, in any way esulting from or arising out of negligent actions or omissions of the Service Provider in connection herewith, including negligence ..r omissions or agents of the Service Provider arising out of tie 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 defe ded by legal counsel of the City's choosing. The provisions op 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 a!reement, 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 perm 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 ce tificates 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 theresolution 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 hara sment under state law; C. a description of sexual harass ent, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigat ve and complaint process available through the Illino' s Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliatio as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be p ovided to the Department of Human Rights upon request (775 ILCS 5/P-105) . 25. All notices, reports and docum:nts required under this Agreement shall be in writing and shall se mailed by First Class Mail, postage prepaid, addressed as folio' 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, I , 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 seemed to construe to be a joint and collective work product of tie City and the Service Provider and, as such, this agreement .hall not be construed against the other party, as the otherwi-e purported drafter of same, by any court of competent jurisdict ' on 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 writ en 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 ALARM, City nager Attest: CiltePstswAst AZA.vt.t City Clerk /(1 1110- . • -8- A • EXHIBIT A RENZ ADDICTION COUNSELING CENTER-SCOPE OF SERVICES FOR 2007 PURCHASE OF SERVICE AGREEMENT 1 . Provider shall furnish to the eneral population, at a location within the corporate limits of City, reasonably competent professional treatment and educational ervices for compulsive gambling for a period beginning on the da e of this agreement and ending December 31, 2007 . 2 . The Provider shall provide app opriate case management services, including, but not limited to, c ntinuous client progress evaluation; re-assessment and the developm nt of new service plans; and coordination of services . 3. The Provider shall comply with any and all applicable laws, guidelines, regulations or ordinanc s imposed by all Local, State, and Federal regulatory authorities 4 . Provider agrees that no person hall, on the grounds of race, color, national origin, sex, age, disability, or handicapped status or religion be excluded from partic'pating in, or be denied the benefits of, or be subjected to d scrimination under any service, program, or activities funded ith any portion of the funds received by the Provider under this Agreement. -9- r oF Et. (.>4.0"`"%i\ Agenda Item No. § City of Elgin f T' January 5, 2007 r I 1 ,i TO: Mayor and Members of the City Council ut C;errns;n,irr FROM: Olufemi Folarin, City Manager RuthAnne K. Hall, Managemen Analyst SUBJECT: Purchase of Service Agreement with Renz ddiction 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 w' h the Renz Addiction Counseling Center for support of the Community Based Gambling A. •iction Treatment and Prevention (11.1‘ 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, 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 wit• individual and group counseling; and (3) provide outreach efforts to educate the general pub is about compulsive and problem gambling. Funds provided in 2006 provided direct clinical treatment t• 22 individuals, which resulted in 709 service hours. A demographic breakdown revealed that half of the clients identified their primary gambling site as riverboat casinos. The estimated loss category points to 14 clients having gambling losses of more than $20,000. As far as age of clients, 16 of the 22 clients were over the age of 40 and of these 9 were 50 years or older. Males outnumbered female gamblers 16 to 6. 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 .1 fected family members. c. c, • it r PSA Renz Addiction Counseling Center January 5, 2007 Page 2 The City of Elgin is the only municipality providing direct funding 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 CONTACTED None. ei FINANCIAL IMPACT / Sufficient funds are budgeted ($24,900) and available ($24,9 0) in the 2007 Budget, Riverboat Fund, account number 275-0000-791.80-05, to enter into th's agreement with Renz Addiction Counseling Center for$24,900. EGAL IMPACT None ALTERNATIVES 1. Approve Purchase of Service Agreement with Renz Addiction CounselingCenter as presented. 2. Modify the Purchase of Service Agreement with Ren Addiction Counseling Center as presented. 3. Reject Purchase of Service Agreement with Renz (Addiction Counseling Center as presented. Respectfully submitted for Council consideration. RKH Attachment r c.