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Home My WebLink About04-124 Resolution No. 04-124 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR PHASE II OF THE FOX RIVER WATERSHED INVESTIGATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute a Grant Agreement on behalf of the City of Elgin with the Fox River Study Group for Phase II of the Fox River Watershed Investigation,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 26, 2004 Adopted: May 26, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk GRANT AGREEMENT This agreement is hereby made and entered into this ? A)I) day of 'J y n/ E 2004 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) and the Fox River Study Group, an Illinois not-for-profit organization (hereinafter referred to as "Organization" ) ; and WHEREAS, the Organization is a diverse coalition of stakeholders working together to assess water quality in the Fox Rivet watershed; and WHEREAS, the City is an Illinois municipal corporation and a home rule unit pursuant to the Constitution and laws of the State of Illinois; and WHEREAS, the Organization is organized under the Illinois General Not For Profit Corporation Act to be the recipient of federal, state and local grant distributions to study the Fox River; and WHEREAS, the Organization has requested the City provide grant funds to assist the Organization with the Fox River Watershed Investigation. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . Organization shall provide a budget within 30 day following execution of this agreement which shall reflect the projected distribution of funds received from the City during the term of this agreement . 2 . City shall pay Organization the sum of $47, 500 for Phase II-IV of the Fox River Watershed Investigation. The Organization shall utilize such grant funds from the City solely and only for costs associated with such Fox River Watershed Investigation. 3 . The Organization shall provide a written report detailing the disbursement of $47, 500 . This reports shall be provided to the City Council by December 31, 2004 , and shall include all program and financial activity. These reports shall be submitted to the City Manager' s Office, City Hall, 150 Dexter Court, Elgin, IL 60120 . 4 . The Organization shall provide the City with financial statements relative to the organization' s total operations. These statements shall be submitted before July 31, 2004 and December 31, 2004 . 5 . Organization shall conduct good faith efforts to obtain additional funding from other sources for its operations and report such efforts to City. 6 . The term of this agreement shall commence upon the date of its execution and shall expire on December 31, 2004 ; provided, however, that either party hereon may terminate this agreement upon thirty (30) days written notice. 7 . The City of Elgin shall be recognized as a sponsor of the Organization and shall receive the benefits of sponsorship consistent with the level of support provided. 8 . In the event the Organization discontinues its activities for any reason prior to December 31, 2004 , or this agreement is terminated by the City due to a breach by the Organization, the Organization shall refund to the City all unexpended funds previously provided by the City to the Organization within fifteen (15) days of the Organization discontinuing its activities or the date of such termination, and the City shall have no further obligations pursuant to this agreement . This provision shall not act, nor be construed as, a limitation on any other rights the City may be entitled to by law. 9. This agreement shall be 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 pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 10 . The terms of this agreement shall be considered to be severable. In the event that any of the terms of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of the agreement shall remain in full force and effect . 11 . This agreement shall not be construed so as to create a partnership, joint venture, agency or employment relationship between the parties hereto. 12 . To the fullest extent permitted by law, Organization agrees to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, agents, attorneys, 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 workmen' s compensation claims, in any way resulting from or arising out of or alleged to be resulting from or arising out of negligent actions or omissions of the Organization in connection herewith, including negligence or omissions of employees, agents or subcontractors of the Organization arising out of the performance of this Agreement, or in any way resulting from or arising out of any violation and/or breach of the terms or provisions of this Agreement by the Organization, including any violation and/or breach by employees, agents or subcontractors of the Organization. In the event of any action against the City, its officials, officers, employees, agents, attorneys, 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. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement . CITY OF ELGIN FOX RIVER STUDY GROUP 1 BY Date d L Date 10 4- Attest : City Clerk City of Elgin Agenda Item No. May 7, 2004 TO: Mayor and Members of the City Council RIVER AS A RESOURCE FROM: David M. Dorgan, City Manager Larry E. Deibert, Water Department Director SUBJECT: Fox River Study Group—Fox River Watershed Investigation PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider funding Phase II of the Fox River Study Group's Fox River Watershed Investigation. RECOMMENDATION It is recommended that the City Council approve the funding for Phase II of the Fox River Study Group's Fox River Watershed Investigation in the amount of$47,500. BACKGROUND The Fox River Study Group (FRSG) is a diverse coalition of stakeholders working together to assess water quality in the Fox River watershed. Participants include Friends of the Fox River, Sierra Club, Fox River Water Reclamation District (Elgin), Fox Metro Water Reclamation District (Aurora), Fox River Ecosystem Partnership, Illinois Environmental Protection Agency (IEPA), and the Northeastern Illinois Planning Commission, as well as representatives from Algonquin, Aurora, Batavia, Crystal Lake, Elgin, Geneva, Island Lake, Kane County, Lake in the Hills, St. Charles and Yorkville. The FRSG began meeting in the summer of 2001 to plan how to prepare for the upcoming Total Maximum Daily Load (TMDL) study on the Fox River. A TMDL study is required by federal law based on the fact that the Fox River appeared on the IEPA's list of impaired waters (2002 303 (d) list). The list noted the following causes as concerns: flow alteration, habitat alteration, low dissolved oxygen, nutrients, organic enrichment, PCBs, siltation or suspended solids. As a result of the rapid pace of development in the Fox River Watershed, maintaining the Fox River as a resource requires comprehensive planning. To complete the Fox River Watershed rw Investigation, the FRSG has broken down the project into four phases that are outlined in the following table: Fox River Study Group-Fox River Watershed Investigation May 7, 2004 Page 2 Phase Tasks Estimated Cost Schedule I Critical and comprehensive review of $160,000 April 2002 — October existing water quality and quantity and 2003 land use data. II Design and implement watershed $500,000 April 2002 — begin monitoring and initial modeling monitoring Nov. 2003 — July 2005 —develop model III Watershed model calibration $900,000 August 2005 — July 2008 IV Watershed model application and July 2008 onward TMDL implementation The FRSG is currently seeking federal funding for Phase II of the work plan through the Watershed Initiative and other USEPA initiatives. The FRSG is soliciting local matching funds by asking Fox River Valley communities to budget 25¢ per capita into their yearly budgets to support the study. The towns of Aurora and Elgin, which take their drinking water form the Fox River, are being asked to contribute 50¢ per capita. As of March 9, 2004, six communities plus the State of Illinois have contributed $92,820 for Phase Il. Donations will be requested for subsequent phases at the same dollar amounts. The total amount of funding requested from the City of Elgin for Phase II is $47,500. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. "FINANCIAL IMPACT There are funds totaling $47,500 budgeted and available in the three accounts listed below, Project Number 339818 that will share the cost equally at $15,833 each. Acct#401-4002-771.30-03 Acct#430-4202-772.30-99 Acct #275-0000-791.47-00 Fox River Study Group—Fox River Watershed Investigation May 7, 2004 Page 3 GALIMPACT None. ALTERNATIVES 1. Approve the funding for Phase II of the Fox River Study Group's Fox River Watershed Investigation. 2. Offer no financial assistance for Phase II of the Fox River Study Group's Fox River Watershed Investigation. Respectfully submitted for Council consideration. LED:mg E