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HomeMy WebLinkAbout12-92 Resolution No. 12-92 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED INVESTIGATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and is hereby authorized and directed to execute a grant agreement with the Fox River Study Group for continued support of the Fox River Watershed Investigation, a copy of which is attached hereto and made a part hereof by reference. s/David J Kaptain David J. Kaptain, Mayor Presented: May 23, 2012 Adopted: May 23, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk GRANT AGREEMENT THIS AGREEMENT is hereby made and entered into this 23rd day of May, 2012 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Fox River Study Group, an Illinois not-for-profit organization(hereinafter referred to as "Organization"). WHEREAS, Organization is a diverse coalition of stakeholders working together to assess water quality'in the Fox River 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 hereby agree as follows: 1. Organization shall provide a budget within 30 days 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 $25,000 for continued support 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 the City with audited financial statements relative to the organization's total operations. These statements shall be submitted before June 30, 2012. 4. Organization shall conduct good faith efforts to obtain additional funding from other sources for its operations and report such efforts to City. 5. The term of this agreement shall commence upon the date of its execution and shall expire on December 31, 2012; provided, however, that either party hereon may terminate this agreement upon thirty(30) days written notice. 6. 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. 7. In the event the Organization discontinues its activities for any reason prior to December 31, 2012, 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 worker'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 By By Sean . Stegall, City Mana Attest: Kimberly A. De is, City Clerk F:Tegal Dept\Agreement\FoxRiverStudyGroup-2012.docx 2 Fox River Study Group Income/Expenses March 2012-April 2013 Income $ 220,886.17 Cash on Hand (as of 1131/12) $ 179,011.24 Grants Receivables (IEPA and Kane County) Estimated $260,000 Donations from Fox R Watershed Towns (2011/2012 payments) TOTAL$659,897.41 Expenses Committed $ 259,805.00 ISWS Intensive Monitoring $ 188,748.00 ISWS Modeling Phase III Under Review $ 41,562.00 ISWS Low Flow $ 108,300.00 DEI Low Flow Estimated $ 5,000.00 Audit $ 200.00 Misc fees TOTAL $ 603,615