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HomeMy WebLinkAbout23-0701 Community Crisis Center a3- p 40 SERVICE AGREEMENT THIS AGREEMENT is hereby made and entered into this 1st day of July, 2023, by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as "City")and Community Crisis Center, Inc., an Illinois not-for-profit corporation (hereinafter referred to as "Center"). 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: I. TERMS. City and Center 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 agreement and Attachment A hereto,the terms and provisions of this agreement shall control. 3. LAWIVENUE. 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. Center 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 Center agrees that service by first class U.S. mail to Maureen Manning, 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. 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. 7. INDEMNIFICATION. To the fullest extent permitted by law,Center 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 Center or Center's officers, employees, agents or subcontractors in the performance of this agreement,including but not limited to,services or work performed hereunder. In the event of any action 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 counsel of the City's choosing. 8. IMMUNITIES. It is agreed and understood that this agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded to City and/or its officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01, et seq., as amended, the Emergency Medical Services System Act at 210 ILCS 50/1, et seq., as amended, and/or otherwise provided by law. 9. TERM.This agreement shall terminate June 30,2024;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. 10. COUNTERPARTS EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 11. LIMITATION OF DAMAGES. Notwithstanding anything to the contrary provided for herein, in no event shall the City be liable to the Center for any monetary damages of any kind. The person signing this agreement certifies that s/he has been authorized by Center to commit Center contractually 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. 4c . LGIN Pri t Name o a , Cl y`Manager 'Sign- , c--�a°. — �.. ATTES IiIte ity Clerk Legal Dept`•.Agre-,mcntlSenwe Agr-Community Crisis Ccnter-6-1 2.1doex 2 ATTACHMENT A Gretchen S,Vapnar Oe a. Comm ,,�,� CRISIS CENTER Aopr PO Box 1390 Elgin IL 60121-1390 Bus Line: 847-742-4088 Crisis Line: 847.697-2380 Fax:847-742-4182 M:B47-7424057 "W.crisiswriter.org FY 2024 Mutual Service Agreement 05/15/2023 Elgin Police Department Ana Laliey 151 Douglas Ave Elgin,IL 60120-5539 Dear Chief Laliey, The purpose of this agreement is to formalize the existing relationship between Gretchen S.Vapnar 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: • Maintain regular and frequent-contact with regard to changes In service elements present within each • Acquaint and refer individuals who may have need of the other's services • Obtain signed release of information forms to aid in the transfer of relevant client information • Avoid duplication of services • Consent to be guided by eligibility requirements established by each agency;and • Agree 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 Gretchen S.Vapnar Community Crisis Center Is Maureen Manning,Executive Director,and the contact person for Elgin Police Department is Ana Laliey. Gretchen S.Vapnar COMMUNITY CRISIS CENTER,INC MISSION: We provide Safety,Hope,Advocacy,Respite and Education for ewse impacted by crisis and violence In the Fox Valley Region and Illinois.