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Home My WebLink About19-0724 Community Crisis Center SERVICE AGREEMENT yt, THIS AGREEMENT is hereby made and entered into this 2--`1 day of 2019, by and between the City of Eight, Illinois, a municipal corporation (hereina ter referred to as "City") and Community Crisis Center, Inc., an Illinois not-for-profit corporation (hereinafter referred to as "Community"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. TERMS. City and Community shall mutually provide services which shall be subject to the terms and conditions contained herein as provided by Attachment A, attached hereto and made a part hereof. 2. CONFLICT. In the event of any conflict, between any of the terms and provisions of • this purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement shall control; provided however that any additional insurance requirements provided for in Attachment A which exceed these provided for in the body of this agreement shall apply. 3. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Community hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Community agrees that service by first class U.S. mail to Gretchen S. Vapnar, 37 S. Geneva Street, P.O. Box 1390, Elgin, Illinois 60120 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO.MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. INTEREST. Community hereby naives any and all claims or rights to interest on money claimed to be due pursuant to this agreemen . and waives any and all such rights to interest to which it may otherwise ne entitled pursuant to law, including. but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1. of seq.), as amended, or the Illinois Interest Act (815 II,CS 205/1, e, seq.). as amended. The provisions of this paragraph shall survive any expiration, completion andior termination of this agreement. 7. SEVERABILITY. The terms of this agreement shall be severable. In the event any of • the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 8. ,COMPLIANCE_WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Community shall comply with all applicable 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 employees. Without limiting the foregoing, Community hereby certifies, represents and warrants to the City that all of Conimunity's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Community 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 prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit ally records in the possession or control of Community to determine Community's compliance with the provisions • of this section. In the event the City proceeds with such an audit, Community shall make available to the City Community's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. LIMITATION .OF DAMAGES. In no event shall City be liable for any monetary damages. fn no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 10. INDEMNIFICATION. To the fullest extent permitted by law, Community agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Community or Community's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or Work performed hereunder. In the event of any action against the City, its officers, employees, agents, hoards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. • 1 i. TERM. This agreement shall terminate July 1. 2020; provided, however that,either party hereto may terminate this agreement at any time for any reason upon thirty (30) days written notice to the other party, without penalty, as provided for herein. EXECUTION. This agreement may be executed in counterparts, each of:mics shall be an original and all of which shall constitute one and the same agreement. Forth, p , oses of executinu this agreement, any signed copy of this agreement transmitted b: fax machine or e- mail shall be treated in all manners and respects as an original doc,meni. c signature of any party on acopy or this agree . ent transmitted by fax machine or e-mail shah be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the L , • • . same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this agreement shall be re-executed by the parties in an Original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. • The person signing this agreement certifies that s/he has been authorized by Community to commit Community contractual and has been authorized to execute this agreement on its behalf.. • IN WITNESS WHEREOF the parties have hereto set their hands the day and year first • above written. • COMMUNITY CRISIS CENTER, INC. CITY OF LOIN - • .... -e6,) Fri it-Name ichard G. Kozal, City-- - anager •: Ao ' ( ATTEST • • Title City Clerk FALegal Dept\Agreement\Service Agr-Cornmunity Crisis Cenci-7-1 2-19.clocx. • . . „ • • • , ATTACHMENT A The purpose of this agreement is to formalize the existing relationship between Community Crisis Center, Inc. and Elgin Police Department in order to assure maximum networking between the two agencies so that clients will receive comprehensive, quality care. • Each agency agrees to; o Recognize the existence of their professional services • o Maintain regular and frequent-contact with regard to changes in service elements present within each • • o Acquaint and refer individuals who may have need of the other's services O Obtain signed release of information forms to aid in the transfer of relevant client information O Avoid duplication of services ® Consent to be guided by eligibility requirements established by each agency; and • Agrce to interagency treatment planning as appropriate:, Each agency agrees to designate a contact person for the purpose of coordination of referral information and other relevant interagency communication. The contact person for the AUC Community Crisis Center is-Gfete- . .. _ • .t--ve-Director; and the contact person for n� Elgin Police Department is: 4