15-0630 Kane County Bar Foundation Inc. COVERSHEET
Agreement/Document Attached
Document Name in Laserfiche:
15-0630 Kane County Bar Foundation Inc.
AGREEMENT
This Agreement is hereby made and entered into this 30`*4 day of ) • �..,� ...,2015 by
and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to as the
"City") and The Kane County Bar Foundation, Inc., an Illinois not-for-profit corporation (hereinafter
referred to as the"Foundation").
WHEREAS, the City provides a criminal diversion program for juveniles whereby juvenile
offenders meeting certain criteria may be referred to criminal diversionary programs;and
WHEREAS, The Foundation provides a high-quality criminal diversionary program for Juvenile
offenders without felony records.
WHEREAS, participants in the Foundation's program will only attend of their own volition and
will be provided with alternative program options.
NOW, THEREFORE, in consideration of the mutual promises and covenants provided for herein,
the sufficiency of which is mutually acknowledged,the parties hereto hereby agree as follows:
1. The above recitals are incorporated into and made a part of this Agreement as if fully
recited herein.
2. The City,through members of its Police Department,shall,at the City's sole discretion, refer
juvenile offenders to the Foundation's diversionary program.
3. The Foundation shall meet with the parents of prospective juveniles referred by the City and
integrate such juveniles into the Foundation's existing programs with the consent of the
juvenile's parents and the subject juvenile.
4. The Foundation will conduct all trainings, provide all materials, schedule sessions and
presenters and be the point of contact for both the youth and family during the program.
5. The Foundation shall recruit all presenters and establish all meeting places. The
Foundation's program shall include four(4) 1.5-hour group sessions,with a Y2-hour intake
meeting prior to the first session. Sessions shall be interactive with group leaders and
presenters. Sessions shall include a presentation on decision making skills,group activities
and home assignments. Juvenile attendees shall also be required to complete ten(10)
hours of community service,to be administered by the Foundation. To the extent interns
are available,juvenile attendees may also have an individual case plan, as provided by the
Foundation.
6. The Foundation shall register each juvenile attendee in its "Exploring and Learning for Life"
programs. Such registration shall include accident and liability insurance coverage for
program related activities.
7. The Foundation shall be solely liable for any persons engaged in the Foundation's programs
and shall hold harmless and indemnify the City from and against any and all claims for
damages, suits, causes of action or any and all other liability of whatsoever nature and in
whatsoever forum, including, but not limited to,attorneys'fees and costs arising out of or in
connection with any person's participation in any of the Foundation program, including, but
not limited to any claims for personal injury, wrongful death or property damage by
whomever such claims may be asserted.
8. This Agreement shall terminate on June '3 O , 2016.
9. This Agreement may be terminated by either party hereto upon thirty (30) days written
notice without penalty or additional liability.
10. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue
for the resolution of any disputes for the enforcement of any rights arising out of or in
connection with this Agreement shall be in the Circuit Court of Kane County, Illinois.
11. This Agreement shall not be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto, except to the extent
specifically provided for herein.
12. The terms of the Agreement shall be severable. In the event any of the terms or provisions
of the Agreement are deemed to be void or otherwise unenforceable for any reason, the
reminder of the Agreement shall remain in full force and effect.
13. This Agreement is the only agreement between the parties hereto regarding the subject
matter hereof. There are no other agreements, either oral,written or implied, between the
parties hereto regarding the subject matter hereof. No modifications or amendments to
this Agreement shall be valid or enforceable absent a written,signed amendment thereto.
14. The City shall not be required to pay any monetary remuneration to the Foundation for any
purpose and shall not be liable to the Foundation for any monetary damages for any reason
whatsoever.
15. This agreement shall not be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto except as may be
specifically provided for herein.
16. The terms of this agreement shall be severable. In the event any of the terms or 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.
17. Notwithstanding any other provision of this agreement, it is expressly agreed and
understood that in connection with the performance of this agreement, Foundation 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, Foundation
hereby certifies, represents and warrants to the City that all of Foundation'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. Foundation 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
any records in the possession or control of Foundation to determine Foundation's
compliance with the provisions of this section. In the event the City proceeds with such an
audit, Foundation shall make available to the City Foundation's relevant records at no cost
to the City.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first
Written above.
CITY OF ELGIN:
By:
01 / /
•
Sean R. Stegall,City Manager
KANE COUNTY BAR FOUNDATION, INC.
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