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09-61 Resolution No. 09-61 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF S I'VICE 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 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: March 18, 2009 Adopted: March 18, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk PURCHASE OF SERVICE AGREE I NT THIS AGREEMENT is made and entered into this flay ofCcv , 2009, by and between the CITY OF ELGIN, Illinois, a municipal corpora lion(hereinafter referred to as the "City"),and Renz Addiction Counseling Center,a not-for-profit•orporation organized and existing under the laws of the State of Illinois(hereinafter referred to as 'he"Service Provider"). WHEREAS,the City has determined that it would serve . 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 as the necessary expertise and experience to furnish the Subject Services upon the terms and co ditions set forth in this agreement. NOW, THEREFORE, in consideration of the mutual p omises and covenants contained herein,the sufficiency of which is hereby acknowledged,the p. lies hereto hereby agree as follows: 1. The Service Provider shall provide all of the s:rvices pursuant to the terms and conditions and on the dates and times as described in the document entitled Renz Addiction Counseling Center-Scope of Services for 2009 Purchase of Ser ice Agreement,attached hereto as Exhibit A and made a part hereof(such services including the to s,conditions,dates and times are hereinafter referred to as the"Subject Services"). In the event of.ny conflict between the provisions of this agreement and the provisions in Exhibit A, the provisio s 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 Exhibi'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 „nd requests made pursuant to this agreement to the Assistant City Manager of the City or his desi:nee. 3. In connection with the Subject Services to se 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 s:fe condition and free from defects of every kind whatsoever. Service Provider agrees and warr.nts that the Service Provider will periodically inspect all of such facilities and equipment for su I purposes. Service Provider also warrants that the Service Provider and the Service Provider's f.,cilities and equipment used in the performing of the Subject Services are not now, nor shall be d ring 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 propertie• owned or controlled by the City, Service Provider agrees and warrants to use, and to cause parsons participating in the Subject Services to use,through proper supervision and control,all facil ties with due care,and to report all defects in or damage to any such facilities, and the cause the eof, if known, immediately to the Assistant City Manager of the City. 4. The City shall reimburse the Service Provider fel the Subject Services under this agreement the total amount of Twenty Thousand Six Hundre. Sixty Dollars ($20,660). Such payment by the City to the Service Provider shall be made in o installments of Ten Thousand Three Hundred Thirty Dollars ($10,330). The first aforementio ed installment payment shall be made within 30 days of the date of this agreement. The second aff rementioned installment payment shall be made on or before July 31, 2009. However, the second installment payment shall not be made prior to 8 days after the Service Provider's submission of he budget document and audited financial statement documents referred to in paragraph 6 of this .greement. 5. The Service Provider shall apply the monies to .e 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 associate ii with the Subject Services to be provided by the Service Provider pursuant to this agreement. 6. The Service Provider shall complete, maintain .nd submit to the Assistant City Manager of the City, or his designee, any and all records, report. and forms relating to the Subject Services in this agreement as requested by the City. Without imiting the foregoing, the parties further agree as follows: A. The Service Provider shall provide a bud;.et to the City which shall reflect the projected distribution of fun.s received from the City pursuant to this agreement during the ter I of this agreement. The budget shall be submitted to the Assistanu City Manager of the City prior to any payment by the City. B. The Service Provider shall provide wr tten performance reports detailing the disbursements of the monies 'o be paid by the City to the Service Provider pursuant to this agree ent. The reports shall be provided to the City quarterly on March 31, 2009; June 30, 2009; September 30, 2009; and December 31, 2l09. C. The City has the right to review all accou ting records of the Service Provider related to the use of the monies t. be paid by the City to the Service Provider pursuant to this agreem;nt upon 72 hours advance notice from the City to the Service Provid-r. D. The Service Provider shall have an audit performed on its financial statements for the year ending June 30, 2008. The audit must be performed by an independent certified pub is accountant recognized in good standing by the American Inst tute of Certified Public Accountants and licensed in the State of Il inois.The Service Provider shall provide the City with two copies o the said audited financial statement along with the manageme t letter and any other correspondence related to internal control 1 afters on or before July 15, -2- 2009. These statements shall be submi ed to the Assistant City Manager at City Hall, 150 Dexter Court,E gin, Illinois 60120-5555. 7. In the event this agreement is terminated, or in t e 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 December 31,2009,the Service Pr•vider shall refund to the City on a prorated per diem basis the funds paid hereunder for the portion ol the year remaining after any such termination or for the portion of the year the Subject Services w-renot conducted. 8. Service Provider agrees and warrants that notwithr tanding any other provision of this Agreement that in connection with the performance and/or provi•ing of the Subject Services in this Agreement that the Service Provider shall comply with all appli able federal, state, city and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of mployees. Without limiting the foregoing, Service Provider hereby certifies, represents and wl rrants to the City that all of the Service Provider's employees and/or agents who will be perfor ing and/or providing the Subject Services with respect to this Agreement shall be legal reside i is of the United States. Service Provider shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful perfo ance of the Subject Services to be provided for in this Agreement. Service Provider shall also perform and provide the Subject Services with due care. The City shall have the right to audi r any records in the possession of control of the Service Provider to determine the Service Provide 's compliance with the provisions of this section. In the event the City proceeds with such an and t,the Service Provider shall make available to the City the Service Provider's relevant records at i o cost to the City. 9. The City of Elgin shall be recognized as a spons•r of the Service Provider and shall receive the benefits of sponsorship consistent with the level of s pport provided in this agreement. At a minimum,the City's support shall be acknowledged on all p 'nt materials promoting the Service Provider's organization, press releases, radio advertising, eb page information and event program(s) through the following mandatory funding identification statement: "Funding for the organization is provided in part through the City ofElgin". Thre- 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 to o is deemed appropriate,approval by the Public Information Officer of the City is required prior i• printing. 11. The term of this agreement shall commence from the date of the execution hereof and continue through December 31, 2009. 12. This agreement shall not be construed so as to reate a partnership,joint venture, employment or other agency relationship between the parties h=reto. Service Provider understands and agrees that the relationship of the Service Provider to the Cil arising out of this agreement shall be that of an independent contractor. It is expressly agreed and nderstood that the Service Provider -3- and the Service Provider's officers,employees and agents are not -mployees of the City and are not entitled to any benefits or insurance provided to employees of th• City. 13. If either party violates or breaches any term of t is agreement, such violation or breach shall be deemed to constitute a default, and the of er party has the right to seek administrative contractual or legal remedies as may be suitable • the violation or breach; and, in addition,if either party by reason of any default,fails to within fi'een(15)days after notice thereof by the other party to comply with the conditions of the agreement,the other party may terminate this agreement. In the event any legal action is brought by the City or the enforcement of any of the obligations of the Service Provider in this agreement and the C ty is the prevailing party in such action,the City shall also be entitled to recover from the Servic: Provider reasonable interest and reasonable attorney's fees. 14. Notwithstanding any other provision hereof,the C ty may terminate this agreement at any time upon thirty (30) days prior written notice to the Ser ice Provider. In the event this agreement is so terminated,the Service Provider shall be paid fo services actually performed,and reimbursable expenses actually incurred prior to termination,exc pt that reimbursement shall not in any event exceed the total amount set forth under paragraph 4 ab•ve. Additionally,in the event this agreement is so terminated, the Service Provider shall immedi. ely cease the expenditure of any funds paid to the Service Provider by the City and shall re nd 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 wa resulting from or arising out of negligent actions or omissions of the Service Provider in connect on herewith,including negligence or omissions or agents of the Service Provider arising out oft e performance of this agreement and/or the Subject Services. In the event of any action agains I the City, its officers, employees, agents, boards or commissions covered by the foregoing du , to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the I ity's choosing. The provisions of this section shall survive any expiration, completion and/or to ination of this agreement. 16. The Service Provider shall provide,pay for and aintain 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 Se ices 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 .,greement, worker's compensation insurance in amounts required under the laws of the State of Illi ois. At the request of the City the Service Provider shall provide to the City certificates of insuran'e regarding the insurance required in this paragraph. 17. No official, director, officer, agent or emplo,ee 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 Agree ent. -4- 18. In all hiring or employment made possible or res lting from this Agreement, there shall be no discrimination against any employee or applicant for -mployment because of sex, age, race,color,creed,national origin,marital status,of the presence •f any sensory,mental or physical handicap,unless based upon a bona fide occupational qualificatio l,and this requirement shall apply to,but not be limited to,the following: employment advertising, ayoff or termination,rates of pay or other forms of compensation and selection for training, inclu•ing apprenticeship. 19. No person shall be denied or subjected to discrim nation in receipt of the benefit of any services or activities made possible by or resulting from this - greement on the grounds of sex, race,color,creed,national origin,age except minimum age and re irement provisions,marital status or the presence of any sensory,mental or physical handicap. Any iolation 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, oft e Agreement by the City. 20. The parties intend and agreed that,if any paragrap i,sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shal 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 ent re Agreement of the parties on the subject matter hereof and may not be changed,modified,dischar:ed or extended except by written amendment duly executed by the parties. Each party agrees tha no representations or warranties shall be binding upon the other party unless expressed in wri ging herein or in a duly executed amendment hereof. 22. This Agreement shall be deemed to have been lade 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 he 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 .ny similar state or federal statute regarding bid rigging. 24. As a condition of this contract, the Service P ovider shall have written sexual harassment policies that include, at a minimum, the following i 'formation: A.the illegality of sexual harassment; B. the definition of sexual harassment under state la ; C. a description of sexual harassment,utilizing exam•les; D.the vendor's internal complaint process including •enalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois uman Rights Commission; F. directions on how to contact the department and commission; G.protection against retaliation as provided by Secti•n 6-101 of the Human Rights Act. -5- A copy of the policies must be provided to the Department of Human Rights upon request(775 ILCS 5/2-105). 25. As a condition of this agreement,the Service Pro ider shall have in place a written substance abuse prevention program which meets or exceeds she program requirements in the Substance Abuse Prevention Public Works Act at 820 ILCS 26'/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry and execution of this agreement. 26. Notwithstanding any other provision in this agre-ment, it is expressly agreed and understood that in connection with the performance of this agr:ement the Service Provider shall comply with all applicable federal, state, city and other require ments of law including, but not limited to, any applicable requirements regarding prevailing w;ges, minimum wage, workplace safety and legal status of employees. Without limiting the foreg s ing, the Service Provider hereby certifies,represents and warrants to the City that all of Service Provider's employees and/or agents who will be providing products, and/or services with respect to this agreement shall be legal residents of the United States. Service Provider shall also at i Is expense secure all permits and licenses,pay all charges and fees and give all notices necessary ,end incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided pursuant to this agreement. City shall have the right to audit any records in the p o ssession or control of the Service Provider to determine the Service Provider's compliance with th- provisions of this section. In the event the City proceeds with such an audit,the Service Provider I all make available to the City the City's relevant records at no cost to the City. The provisions of this section shall survive any expiration, completion and/or termination of this agreement. 27. Notwithstanding anything to the contrary in this a_ eement,with the sole exception of the monies the City has agreed to pay the Service Provider purs 'ant to Section 4 hereof, no action shall be commenced by the Service Provider, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damag-s. The provisions of this section shall survive any expiration, completion and/or termination oft is agreement. 28. All notices,reports and documents required uncle,this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As o Service Provider: City of Elgin Re z Addiction Counseling Center 150 Dexter Court 2 • erican Way Elgin, IL 60120-5555 Elg n, IL 60120 Attention: Sean Stegall Atte ntion: Jerry Skogmo Assistant City Manager Ex:cutive Director With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 29. This agreement is and shall be deemed to const e to be a joint and collective work -6- product of the City and the Service Provider and, as such, this :greement shall not be construed against the other party, as the otherwise purported drafter of •ame, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, v.:ueness or conflict, if any, of the terms and provisions contained herein. 30. This agreement shall be binding on the parties he leto and their respective successors and permitted assigns. This agreement and the obligations h:rein may not be assigned by the Service Provider without the express written consent of the City hich consent may be withheld at the sole discretion of the City. IN WITNESS WHEREOF,the undersigned have entered nto executed this agreement on the date and year first written above. CITY OF ELGIN, a municipal Renz Addi'tion Counseling Center corporation By: _' _ _a. By: 0-7, 'r.pager Attest: City Clerk F:U.egal Dept\Agreement\PSA-DRAFT FORM 1-09 WAC.doc -7- EXHIBIT A RENZ ADDICTION COUNSELING CENTER-SCOP: OF SERVICES FOR 2009 PURCHASE OF SERVICE AGr EMENT 1. Provider shall furnish to the ge eral population, at a location within the corporate limits of Cit , reasonably competent professional treatment and educational s-rvices for compulsive gambling for a period beginning on the dato of this agreement and ending December 31, 2009. 2 . The Provider shall provide appromriate case management services, including, but not limited to, co tinuous client progress evaluation; re-assessment and the developme t of new service plans; and coordination of services . 3. The Provider shall comply with .:ny and all applicable laws, guidelines, regulations or ordinance-. imposed by all Local, State, and Federal regulatory authorities. 4 . Provider agrees that no person s all, on the grounds of race, color, national origin, sex, age, dis.bility, or handicapped status or religion be excluded from partici.ating in, or be denied the benefits of, or be subjected to di- crimination under any service, program, or activities funded w' th any portion of the funds received by the Provider under this Agreement. 5. Provider shall provide one tabl- of eight (8) to the City, at no cost, for their annual dinner. -8- .11 February 26, 2009 a Ij I ) TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager f RuthAnne K. Hall, Management Analyst SUBJECT: Purchase of Service Agreement with Renz A.diction Counseling Center for a Community Based Gambling Addiction Treatment and Prevention Program PURPOSE The purpose of this memorandum is to provide the Mayor and embers of the City Council with information to consider a Purchase of Service Agreement wit the Renz Addiction Counseling Center for support of the Community Based Gambling Ad.iction Treatment and Prevention Program. RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement with the Renz Center to support the Community Based Gambling Ad.iction Treatment and Prevention Program at a cost of$20,660. BACKGROUND Since 1996, the City has sponsored the Gambling Addiction I reatment and Prevention Program administered by Renz Addiction Counseling Center. The p *gram 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 public about compulsive and problem gambling. Funds provided in 2008 gave direct clinical treatment to 19 1 ndividuals, which resulted in 363 service hours. In addition, Center staff provided nearly 50 1 ours of preventative education to area schools and organizations. A demographic breakdown r,vealed that over 58 percent of the clients identified their primary gambling site as riverboat casinos. The estimated loss category points to 16 clients having gambling losses of more than 7 90,000 with four of these clients having losses between $300,000 and $500,000. As far as age of clients, three clients were under 40 years of age and 16 of the 19 clients were over the age of 41 and of these, 13 were 50 years or older. There were nine male gamblers and 10 female gambler.. Although this is a small sample, Purchase of Service Agreement with Renz Addiction Counselin_ Center February 26, 2009 Page 2 several different trends have emerged. The number of female •ompulsive gamblers has matched or exceeded males the past two years, the age of the clients seen for treatment has increased significantly, and the amount of gambling losses has also inc eased considerably. Renz is the only not-for-profit agency in the area known to offer a family pi ogram which not only serves the gamblers, but provides support for affected family members. 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 require ents for the prior year Purchase of Service Agreement. COMMUNITY GROUPS/INTERESTED PERSONS CON ACTED None FINANCIAL IMPACT Sufficient funds are budgeted ($20,660) and available ($20,6:0) in the 2009 Budget, Riverboat Fund, account number 275-0000-791.80-05, to enter into thi• agreement with Renz Addiction Counseling Center for$20,660. 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 Purchase 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. RKH Attachment ``,,4 OF EC ,�% a Memorandum City of Elgin Date: April 2, 2009 To: RuthAnne Hall, Management Analyst From: Jennifer Quinton, Deputy City Clerk Subject: Resolution Nos. 09-61,09-62,and 09-79 adopi-d at the March 18, 2009 City Council Meeting Enclosed you will find the agreements listed below. Please d stribute to the appropriate parties and if needed,retain a copy for your records. If you have an questions please feel free to contact our office 847-931-5660 and we will do our best to . 'sist you. Thank you. 1. Agreement with the Downtown Neighborhood Associ.tion 2. Agreement with the Renz Addiction Counseling Cent:r 3. Agreement with Hamilton Wings for Art-Immersion . d Enrichment Activities for At- Risk Youth