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10-73 Resolution No. 10-73 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF S RVICE AGREEMENT WITH THE RENZ ADDICTION COUNSELI G CENTER BE IT RESOLVED BY THE CITY COUNCIL OF TH 1 CITY OF ELGIN, ILLINOIS. that Sean R. Stegall, 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 hereof by reference. s/ Ed b chock Ed Sc ock, Mayor Presented: April 14, 2010 Adopted: April 14, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 1/4/10 PURCHASE OF SERVICE AGRE: MENT THIS AGREEMENT is made and entered into this day of ' R‘c•\\ , 2010, by and between the CITY OF ELGIN, Illinois, a municipal co 'oration (hereinafter referred to as the "City"), and Renz Addiction Counseling Center, a not-fo -profit corporation organized and existing under the laws of the State of Illinois (hereinafter refe ed to as the"Service Provider"). WHEREAS, the City has determined that it would se ve a beneficial public purpose to enter into an agreement with the Service Provider for the S-rvice 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 .romises and covenants contained herein, the sufficiency of which is hereby acknowledged, t e parties hereto hereby agree as follows: 1. The Service Provider shall provide all of the ..ervices pursuant to the terms and conditions and on the dates and times as described in the •ocument entitled Renz Addiction Counseling Center- Scope of Services for 2010 Purchase of ervice Agreement, attached hereto as Exhibit A and made a part hereof(such services includin: the terms, conditions, dates and times are hereinafter referred to as the "Subject Services"). I the event of any conflict between the provisions of this agreement and the provisions in Exhibit • , 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 Servi es provided for in Exhibit A and that the Subject Services set forth in Exhibit A are integral p.rts of this agreement and may not be modified, amended or altered except by a written amendm nt 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 des gnee. 3. In connection with the Subject Services to .e performed on other than City properties, the Service Provider warrants and agrees to mainta n all facilities and equipment used in the performing of the Subject Services in a clean, sanitar and safe condition and free from defects of every kind whatsoever. Service Provider agre s 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 ars not now, nor shall be during the term of this agreement in violation of any health, building, f re or zoning code or regulation or other applicable requirements of law. In connection with t e Subject Services on properties owned or controlled by the City, Service Provider agrees .nd warrants to use, and to cause persons participating in the Subject Services to use, through .roper supervision and control, all facilities with due care, and to report all defects in or damage o any such facilities, and the cause thereof, if known, immediately to the Assistant City Manager •f the City. 4. The City shall reimburse the Service Provider for the Subject Services under this agreement the total amount of Seventeen Thousand Five Hun.red Sixty Dollars ($17,560). Such payment by the City to the Service Provider shall be made in o installments of Eight Thousand Seven Hundred Eighty Dollars ($8,780). The first aforement.oned installment payment shall be made within 30 days of the date of this agreement. The .econd aforementioned installment payment shall be made on or before July 31, 2010. Howev r, the second installment payment shall not be made prior to 8 days after the Service Provider's ubmission of the budget document and audited financial statement documents referred to in para:raph 6 of this agreement. 5. The Service Provider shall apply the monies ti be paid by the City to the Service Provider pursuant to the preceding paragraph hereof solely 'o operating expenses such as staff salary and benefits, meeting expenses, and expenses associaied with the Subject Services to be provided by the Service Provider pursuant to this agreement. 6. The Service Provider shall complete, maintai 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. ithout limiting the foregoing, the parties further agree as follows: A. The Service Provider shall provide a bu•get to the City which shall reflect the projected distribution of fu ds received from the City pursuant to this agreement during the t:rm of this agreement. The budget shall be submitted to the Assista t City Manager of the City prior to any payment by the City. B. The Service Provider shall provide ritten performance reports detailing the disbursements of the monis to be paid by the City to the Service Provider pursuant to this a: eement. The reports shall be provided to the City quarterly on Mar h 31, 2010; June 30, 2010, September 30, 2010; and December 31, .010. C. The City has the right to review all accounting records of the Service Provider related to the use of t e monies to be paid by the City to the Service Provider pursuant o this agreement upon 72 hours advance notice from the City to the Service Provider. D. The Service Provider shall have an audi performed on its financial statements for the year ending June 30 2009. The audit must be performed by an independent certified p blic accountant recognized in good standing by the American I stitute of Certified Public Accountants and licensed in the Stat of Illinois. The Service Provider shall provide the City with two copies of the said audited -2- financial statement along with the mana;:ement letter and any other correspondence related to internal control matters on or before July 15, 2009. These statements shall be sub itted to the Assistant City Manager at City Hall, 150 Dexter Co rt, Elgin, Illinois 60120- 5555. 7. In the event this agreement is terminated, or i the event the Subject Services for which the City funds provided herein are to be applied are di•continued, or the Service Provider ceases its operations prior to December 31, 2010,the Service 'rovider shall refund to the City on a prorated per diem basis the funds paid hereunder for the po pion of the year remaining after any such termination or for the portion of the year the Subject Se ices were not conducted. 8. 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 ac owledged on all print materials promoting the Service Provider's organization, press rele..es, radio advertising, web page information and event program(s) through the following mandatory funding identification statement: "Funding for the organization is provided in part hrough the City of Elgin". Three samples of this acknowledgement shall be provided to the Ci . A logo provided by the City to the Service Provider shall be used for this purpose. 9. In all printed materials in which a City se.l or logo is deemed appropriate, approval by the Public Information Officer of the City is requi ed prior to printing. 10. The term of this agreement shall commence from the date of the execution hereof and continue through December 31, 2010. 11. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the .arties 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 ex.ressly 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 i surance provided to employees of the City. 12. If the Service Provider violates or breaches .ny term of this agreement, such violation or breach shall be deemed to constitute a default, .1 d the City shall have the right to seek administrative, contractual, legal or equitable remedies a• may be suitable to the violation or breach; and, in addition, if the Service Provider by reason o any default, fails to within fifteen (15) days after notice thereof by the City to comply with th- conditions of the agreement, the City may terminate this agreement. If the City violates or br•aches any term of this agreement, such violation or breach shall be deemed to constitute a defau t, and in the event the City fails to within fifteen (15) days after notice thereof by the Sery ce Provider to comply with the conditions of this agreement, the Service Provider as its sole and exclusive remedy may terminate this agreement. Notwithstanding anything to the contrary in this agreement, with the -3- sole exception of the monies the City has agreed to pay the Se vice Provider pursuant to Section 4 hereof, no action shall be commenced by the Service Provi.-r, any related persons or entities, and/or any of their successors and/or assigns, against the Ci for monetary damages. In the event any legal action is brought by the City for the enforcem:nt of any of the obligations of the Service Provider in this agreement and the City is the prevai ing party in such action, the City shall also be entitled to recover from the Service Provider r-asonable interest and reasonable attorney's fees. The provisions of this section shall survive ;ny expiration, completion and/or termination of this agreement. 13. Notwithstanding any other provision hereo 1, the City may terminate this agreement at any time upon thirty (30) days prior written noti e to the Service Provider. In the event this agreement is so terminated, the Service Provider -hall be paid for services actually performed, and reimbursable expenses actually incurred •rior to termination, except that reimbursement shall not in any event exceed the total amoun set forth under Section 4 above. Additionally, in the event this agreement is so terminated,the ',ervice Provider shall immediately cease the expenditure of any funds paid to the Service Provi.er by the City and shall refund to the City any unearned or unexpended funds. 14. To the fullest extent permitted by law, Servi e Provider agrees to indemnify, defend and hold harmless the City, its officers, employees, ag:nts, boards and commissions from and against any and all claims, suits, judgments, costs, attorn-y'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 ari sing out of the performance of this agreement and/or the Subject Services. In the event of any a tion 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 co nsel of the City's choosing. The provisions of this section shall survive any expiration, coin.letion and/or termination of this agreement. 15. The Service Provider shall provide, pay for and maintain in effect, during the term of this agreement, comprehensive automobile liability insuran e covering all owned, non-owned and hired motor vehicles used in connection with the Subject `ervices 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 llinois. At the request of the City the Service Provider shall provide to the City certificates of insurance regarding the insurance required in this paragraph. 16. No official, director, officer, agent or empl•yee of the City shall be charged personally or held contractually liable under any term or prov sion of this Agreement or because of their execution, approval or attempted execution of this Agr-ement. 17. In all hiring or employment made possible or r:sulting from this Agreement,there shall be no discrimination against any employee or applican for employment because of sex, age, race, color, creed, national origin, marital status, of the .resence of any sensory, mental or -4- physical handicap, unless based upon a bona fide occ pational qualification, and this requirement shall apply to, but not be limited to, the followi g: employment advertising, layoff or termination, rates of pay or other forms of compensation a d selection for training, including apprenticeship. 18. No person shall be denied or subjected to discriminat on 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 provis on of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the City. 19. The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, sh;11 be held to be void or otherwise unenforceable, all other portions of this Agreement shall rema n in full force and effect. 20. 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 pa 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. 21. This Agreement shall be deemed to have been m..e in, and shall be construed in accordance with the laws of the State of Illinois. Venue for t e resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 22. 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. 23. As a condition of this contract, the Service Provider s all 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 la ; C. a description of sexual harassment, utilizing exa ples; D.the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complai t process available through the Illinois Department of Human Rights, .nd the Illinois Human Rights Commission; F. directions on how to contact the department and ommission; G.protection against retaliation as provided by S=ction 6-101 of the Human Rights Act. -5- A copy of the policies must be provided to the epartment of Human Rights upon request(775 ILCS 5/2-105). 24. As a condition of this agreement, the Servic Provider shall have in place a written substance abuse prevention program which meets or xceeds the program requirements in the Substance Abuse Prevention Public Works Act at 820 I CS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager dor to the entry and execution of this agreement. 25. Notwithstanding any other provision in this ag eement, it is expressly agreed and understood that in connection with the performance of this ag eement the Service Provider shall comply with all applicable federal, state, city and other requ'rements of law including, but not limited to, any applicable requirements regarding prevailing ages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, 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 servic-s with respect to this agreement shall be legal residents of the United States. Service Provider shall also at its expense secure all permits and licenses, pay all charges and fees and give all no ices necessary and incident to the due and lawful prosecution of the work, and/or the produc s and/or services to be provided pursuant to this agreement. City shall have the right to audi any records in the possession or control of the Service Provider to determine the Service Provider's compliance with the provisions of this section. In the event the City proceeds with .uch an audit,the Service Provider shall make available to the City the City's relevant records .t no cost to the City. Consultant shall pay any and all costs associated with any such audit. he provisions of this section shall survive any expiration, completion and/or termination of this a_reement. 26. All notices, reports and documents required nder this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepais, addressed as follows: As to the City: As to Service Provider: City of Elgin Re' z Addiction Counseling Center 150 Dexter Court 2 . merican Way Elgin, IL 60120-5555 El tin, IL 60120 Attention: Rick Kozal A ention: Jerry Skogmo Assistant City Manager E -cutive Director With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 27. This agreement is and shall be deemed and construe. to be a joint and collective work product of the City and the Service Provider and, as such, thi. agreement shall not be construed against the other party, as the otherwise purported drafter o same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, agueness or conflict, if any, of the terms and provisions contained herein. 28. This agreement shall be binding on the parties hereto .nd their respective successors and -6- permitted assigns. This agreement and the obligations herein ay not be assigned by the Service Provider without the express written consent of the City whi h consent may be withheld at the sole discretion of the City. IN WITNESS WHEREOF,the undersigned have ente ed into executed this agreement on the date and year first written above. CITY OF ELGIN, a municipal Renz Ad.'ction Counseling Center corporation By: i2%,�'�`44 By: A ,4 falJiin. Ci Manager / Attest: City Clerk F:\Legal Dept\Agreement\PSA-2010 Template-WAC.doc -7- EXHIBIT A RENZ ADDICTION COUNSELING CENTER-SCOPE OF SERVICES FOR 2010 PURCHASE OF SERVICE AGREEMENT 1. Provider shall furnish to the general population, at a Vocation within the corporate limits of City, reasonably competent professional treatment and e 8 ucational services for compulsive gambling for a period beginning on the date of this agreement.nd ending December 31, 2010. 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 Fed-ral regulatory authorities. 4. Provider agrees that no person shall, on the gro nds of race, color, national origin, sex, age, disability, or handicapped status or religion be ex•luded from participating in, or be denied the benefits of, or be subjected to discrimination unde any service, program, or activities funded with any portion of the funds received by the Provider nder this Agreement. 5. Provider shall provide one table of eight(8)to he City, at no cost, for their annual dinner. -8- oF E.40 ` City of Elgin Agenda Item No. i4 a March 25, 2010 1i TO: Mayor and Members of the City Council 4. ��aefi'{,OiRQ;ttrtitj, FROM: Sean R. Stegall, City ManagerAcAturtc.eum, RuthAnne K. Hall, Management Analyst SUBJECT: Purchase of Service Agreement with Renz Addiction Counseling Center for a Community Based Gambling Addiction Treatment and Prevention Program PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Purchase of Service Agreement with the Renz Addiction Counseling Center for support of the Community Based Gambling Addiction Treatment and Prevention Program. r RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement with the Renz Center to support the Community Based Gambling Addiction Treatment and Prevention Program at a cost of$17,560. BACKGROUND Since 1996, the City has sponsored the Gambling Addiction Treatment and Prevention Program administered by Renz Addiction Counseling Center. The program seeks to address gambling problems in three primary ways: (1) provide assessment and early intervention of compulsive gambling; (2) provide treatment of compulsive gamblers with individual and group counseling; and (3) provide outreach efforts to educate the general public about compulsive and problem gambling. Funds provided in 2009 gave direct clinical treatment to 13 individuals who received 278 hours of service. In addition, the Center's outreach counselor provided consultation and community programming to about 15 organizations. Moreover, outreach services provided free compulsive gambling assessments as well as educational presentations during the year. Nine males and four females were seen for treatment during the year. The youngest client was 20, the oldest 59. In fact, five of the 13 clients seen for treatment were between the ages of 50 and 59. Purchase of Service Agreement with Renz Addiction Counseling Center March 25,2010 Page 2 The majority of clients (70%) identified their primary gambling site as a riverboat casino. Eight clients (72%) reported gambling losses of at least $50,000 while two of these individuals had losses between $300,000 and $500,000. Renz Center also offers a program to help the families of the clients. In March, 2010 the Center is providing free problem gambling assessments as well as free educational presentations. These activities are a part of the national problem gambling awareness month. 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 requirements for the prior year Purchase of Service Agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Renz Addiction Counseling Center FINANCIAL IMPACT The agreement with Renz Addiction Counseling Center will total $17,560. Sufficient funds are budgeted ($17,560) and available ($17,560) in the Riverboat Fund, account number 275-0000- 791.80-05, to enter into this agreement. GAL IMPACT None. ALTERNATIVES 1. The City Council may choose to approve the Purchase 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 OF EiC., Memorandum City of Elgin 11 gTED FE.� Date: April 23, 2010 To: RuthAnne Hall, Management Analyst From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 10-73, Adopted at the April 14, 2010 Council Meeting Enclosed you will find the agreement listed below. Please reta'n a copy for your records. If you have any questions please feel free to contact our office 847-9 1-5660 and we will do our best to assist you. Thank you. • Purchase of Service Agreement with the Renz Addiction Counseling Center