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08-14 Resolution No. 08-14 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SE'VICE AGREEMENT WITH THE RENZ ADDICTION COUNSELIN CENTER BE IT RESOLVED BY THE CITY COUNCIL OF TH CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Cler ,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 :ddiction treatment and prevention program, a copy of which is attached hereto and made a part h:reof by reference. s/Ed .chock Ed Sc ock, Mayor Presented: February 13, 2008 Adopted: February 13, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Resolution No. 08-14 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF S:RVICE AGREEMENT WITH THE RENZ ADDICTION COUNSEL G CENTER BE IT RESOLVED BY THE CITY COUNCIL OF TH CITY OF ELGIN, ILLINOIS,that Olufemi Folarin,City Manager, and Diane Robertson, City Cle k,be and are hereby authorized and directed to execute a Purchase of Service Agreement on behali of the City of Elgin with the Renz Addiction Counseling Center for a community based gamblinl addiction treatment and prevention program, a copy of which is attached hereto and made a part h-reof by reference. Ed Schock, ayor Presented: February 13, 2008 Adopted: Vote: Yeas Nays Recorded: Attest: Diane Robertson, City Clerk PURCHASE OF SERVICE AGREDMENT � TS AGREEMENT is made and enter:d 3 into this).3 day of `,6 u , 2008, by and between the CITY OF ELGIN, Illinois, a m icipal c•rporation (hereinafter referred to as the "City") , an• Renz Addiction Counseling Center, a not for-profit corporation or.anized and existing under the laws of the State of Illinois (hereinafter referred to as the "Service Provider") . WHEREAS, the City has determined t at 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 repre;ents that it has the necessary expertise and experience to furni h the Subject Services upon the terms and conditions set forth in this agreement. NOW, THEREFORE, in consideration of she mutual promises and covenants contained herein, the sufficie cy of which is hereby acknowledged, the parties hereto hereby ag ee 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 2008 Purchase of Service Agreement, attached hereto as Exhibit A and made a pa t hereof (such services including the terms, conditions, dates an.: 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 .f this agreement shall control. The Service Provider represents 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 i tegral 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 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 Services to be performed on other than City properties, the Servic- 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 ervice Provider will periodically inspect all of such facilities and equipment for such purposes . Service Provider also warrants t at the Service Provider and the Service Provider' s facilities and equipment used in the performing of the Subject Services are not ow, nor shall be during the term of this agreement in violation of any health, building, fire or zoning code or regulation or other .pplicable requirements of law. In connection with the Subject ervices on properties owned or controlled by the City, Servic- Provider agrees and warrants to use, and to cause persons parti ipating in the Subject Services to use, through proper supervi.ion 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 Se vice Provider for the Subject Services under this agreement the otal amount of Twenty- Four Thousand Nine Hundred Dollars ($24, 901 ) . Such payment by the City to the Service Provider shall be made in two installments of Twelve Thousand Four Hundred Fifty Dollar- ($12, 450) . The first aforementioned installment payment shall bz made within 30 days of the date of this agreement. The second af.rementioned installment payment shall be made on or before July 31, 2008 . However, the second installment payment shall not be mase prior to 8 days after the Service Provider' s submission of th- budget document and audited financial statement documents refer ed to in paragraph 6 of this agreement. 5 . The Service Provider shall apply he monies to be paid by the City to the Service Provider pursuant to the proceeding paragraph hereof solely to operating expen-es such as staff salary and benefits, meeting expenses, and expen•.es 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 •rovide a budget to the City which shall refl-ct the projected distribution of funds rece'ved from the City pursuant to this agreement •uring the term of this agreement. The budget shall be submitted to the Assistant City Manage 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 b the City to the Service Provider pursuant t. this agreement. The reports shall be prov' ded to the City quarterly on March 31, 200: ; June 30, 2008; September 30, 2008; and Dece .er 31, 2008 . C. The City has the right to review all accounting records of the Service Provi.er related to the use of the monies to be paid 1.y the City to the Service Provider pursuant uo 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 -tatements for the fiscal year ending June 30, 2007 . The audit must be performed by an ind:pendent certified public accountant recognize. in good standing by the American Institute of Certified Public Accountants and licensed in the State of Illinois. The Service Provi.er shall provide the City with two copies of the said audited financial statement along w' th the management letter and any other corresp.ndence related to internal control matters on .r before July 15, 2008 . These statements sha 1 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 Ci y funds provided herein are to be applied are discontinued, or the Service Provider ceases its operations prior to December 31, 200: , 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 emaining 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, permits or like permission required by law to conduct or engage i the Subject Services provided for in this agreement, and that tie Service Provider will procure all additional licenses, permi' s or like permission hereinafter required by law during the ter of this agreement, and that the Service Provider will keep same in full force and effect -3- during the term of this agreement. Service Provider shall perform the Subject Services with due care and n compliance with all applicable legal requirements. 9. The City of Elgin shall be recogn zed as a sponsor of the Service Provider and shall receive the b-nefits of sponsorship consistent with the level of support prov' ded 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 follo ing mandatory funding identification statement: "Funding for the organization is provided in part through the City of Elgin" . Ihree samples of this acknowledgement shall be provided to the C' ty. A logo provided by the City to the Service Provider shall be sed for this purpose. 10 . In all printed materials in whic 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 throu•h December 31, 2008 . 12 . This agreement shall not be cons rued so as to create a partnership, joint venture, employment or o her agency relationship between the parties hereto. Service Provider understands and agrees that the relationship of the Servile Provider to the City arising out of this agreement shall be hat of an independent contractor. It is expressly agreed and und-rstood that the Service Provider and the Service Provider' s offices, employees and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the ity. 13. If either party violates or breaches any term of this agreement, such violation or breach shall b- 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 ;arty by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditio s 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 le.;al action is brought by the City for the enforcement of any of he 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 interest and reasonable attorney' s fees. 14 . Notwithstanding any other provisi.n 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 Pro ider shall be paid for services actually performed, and reimburs.ble expenses actually incurred prior to termination, except that reimbursement shall not in any event exceed the total amount set iorth 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 .y 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, 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 she Service Provider in connection herewith, including negligence o omissions or agents of the Service Provider arising out of th- 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 .o indemnify, defend and hold harmless, such action shall be defen.ed by legal counsel of the City' s choosing. The provisions of this paragraph shall survive any expiration and/or termination .f 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 a 1 owned, non-owned and hired motor vehicles used in connection with the Subject Services with limits of not less than $500, 000 per o currence for damages to persons or property. The Service Provider shall also provide, pay for and maintain in effect, during the erm 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 dis.rimination against any employee or applicant for employment becarse of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, u less 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 subj-cted 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 -xcept minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. r•ny violation of this provision shall be considered a violation .f a material provision of this Agreement and shall be grou ds for cancellation, termination or suspension, in whole or in part, of the Agreement by the City. 20 . The parties intend and agreed ti at, if any paragraph, sub-paragraph, phrase, clause or other prov sion of this Agreement, or any portion thereof, shall be held t. 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 ma ter hereof and may not be changed, modified, discharged or exte ded except by written amendment duly executed by the parties. E.ch 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 t• 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 thi.. 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 haras-iment; -6- B. the definition of sexual harass' ent under state law; C. a description of sexual harassm=nt, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigati e and complaint process available through the Illinoi . Department of Human Rights, and the Illinois Human :*ights Commission; F. directions on how to contac 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 docume is required under this Agreement shall be in writing and shall b: mailed by First Class Mail, postage prepaid, addressed as follow. : As to the City: As to Ser ice Provider: City of Elgin Renz Addi tion Counseling Center 150 Dexter Court 2 America Way Elgin, IL 60120-5555 Elgin, IL 60120 Attention: Sean Stegall Attention: Jerry Skogmo 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 t e City and the Service Provider and, as such, this agreement -hall 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 onflict, 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 tift 141111,‘NA Y --y • - By 4 ' City .pager • \_)// Attest: x_ �ii vert City Clerk -8- EXHIBIT A RENZ ADDICTION COUNSELING CENTER-SCOPE OF SERVICES FOR 2008 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, 2008 . 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- --8 • January 18, 2008 I TO: Mayor and Members of the City Council — -- -- FROM: Olufemi Folarin, City Manager RuthAnne K. Hall, Management Analyst SUBJECT: Purchase of Service Agreement with Renz • ddiction Counseling Center for a Community Based Gambling Addiction Trea 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 th the Renz Addiction Counseling Center for support of the Community Based Gambling A s diction 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 e 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 grogram seeks to address gambling problems in three primary ways: (1) provide assessment . d 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 pu•lic about compulsive and problem gambling. Funds provided in 2007 provided direct clinical treatment too 18 individuals, which resulted in 659 service hours. A demographic breakdown revealed t at over 66 percent of the clients identified their primary gambling site as riverboat casinos. T e estimated loss category points to 9 clients having gambling losses of more than $20,000. A far as age of clients, 17 of the 18 clients were over the age of 40 and of these 11 were 50 ye. s or older. Males matched female gamblers 9 to 9. Renz is the only not-for-profit agency i the area known to offer a family program which not only serves the gamblers, but provides su i port for affected family members. Purchase of Service Agreement with Renz Addiction Counseli g Center January 18, 2008 Page 2 The City of Elgin is the only municipality providing direct fun.ing 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 I ACTED None FINANCIAL IMPACT Sufficient funds are budgeted ($24,900) and available ($24,900) in the 2008 Budget, Riverboat Fund, account number 275-0000-791.80-05, to enter into thi. agreement with Renz Addiction Counseling Center for$24,900. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the Purchas, of Service Agreement with Renz Addiction Counseling Center as presented. 2. The City Council may choose to modify the Purchas: of Service Agreement with Renz Addiction Counseling Center as presented. 3. The City Council may choose to reject the Purchase of Service Agreement with Renz Addiction Counseling Center as presented. Respectfully submitted for Council consideration. RICH Attachment