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HomeMy WebLinkAbout01-222 Resolution No. 01-222 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE COMMUNITY CRISIS CENTER (Improvements to Shelter Facility) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Community Crisis Center for the purchase and installation of air conditioning at the shelter facility, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 8, 2001 Adopted: August 8, 2001 Omnibus Vote : Yeas : 4 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN GRANT AGREEMENT THIS AGREEMENT is hereby made and entered into this 26 th day of July 2001 by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as"City") and Community Crisis Center, an Illinois not-for-profit corporation (hereinafter referred to as "Grantee") WHEREAS,City has determined it to be in the best interests of those persons seeking refuge from domestic violence to be sheltered under comfortable an secure conditions. 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 the follows: 1. City shall make a $30,000 grant to Grantee for the following program: purchase and • installation of air conditioning (hereinafter referred to as"Program"). Program shall consist of purchase and installation of air conditioning for shelter facility. 2. All monies granted for this Program shall be expended by Grantee by Dec. 31, 2001. All monies awarded pursuant to this agreement shall be expended in accordance with the terms and provisions of this agreement. 3. Grantee shall expend funds only for Program as described herein. In the event Grantee changes Program without the prior consent of City or otherwise breaches any of the terms of this agreement, all grant funds shall be refunded to City upon thirty (30) days written demand. 4. Failure to perform the above services to the satisfaction of the City Council shall result in a termination of this agreement and the refund of the$30,000 consideration,(plus reasonable costs and attorney's fees,in the event City is required to litigate to retrieve said funds)as and for liquidated damages. 5. Grantee shall provide the City a written report detailing the disbursement of$ 30,000 . These reports shall be provided to the City Council by December 31,2001,and shall include all program activity. The reports shall be submitted to the City Manager's, 150 Dexter Court, Elgin, IL, 60120. 6. Grantee shall provide City with financial statements relative to the organization's total operations. These statements shall be provided on or before December 31, 2001. 7. The City shall have the right to review all accounting records related to the use of the $ 30,000 given72 hours notice, and at a time agreed upon by both parties. • 8. No person shall, on the grounds of race, color,religion,national origin, sex or handicap,be denied participation in, benefits of, or be otherwise subjected to discrimination under any activity including employment, supported in whole or in part by funds provided under this grant. 9. Grantee shall indemnify, defend and hold harmless, the City, its agents, employees,boards and commissions and officers from and against any and all suits,causes of action,claims for damages and any and all other liability of whatsoever nature, including, but not limited to attorney's fees, arising out of, or in connection with, Grantee's negligent or reckless performance of the terms of this agreement. Nothing herein affects Grantee's duty to defend City. In the event of any action against City, its officers, employees, assigns, or boards or commissions covered by the aforementioned duty to indemnify and defend,such action shall be defended by counsel of City's choosing. 10. Nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners between the City and the Grantee,or as constituting the Grantee as a general representative or general agent of the City for any purpose whatsoever. Further this agreement is not intended nor shall be deemed or construed to create an employment,joint venture,partnership, or other agency relationship between the parties hereto. 11. The terms and provisions 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. 12. Time is of the essence of this agreement. 13. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 14. Payment of all funds from City to Grantee Shall be made to Community Crisis Center,P.O. Box 1390, Elgin, IL, 60121 CITY OF EL A..-j‘yCity anager Grantee's Signature Gretchen S . Vapnar Attest Printed Name "4"1"`"49"--- City Clerk