HomeMy WebLinkAbout01-223 Resolution No. 01-223
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH
EASTER SEALS JAYNE SHOVER CENTER
(Day Care Services)
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 Easter
Seals Jayne Shover Center for a day care program, 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
4 s
CITY OF ELGIN
GRANT AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of ,2001
by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as"City")
and Easter Seals Jane Shover Center, an Illinois not-for-profit corporation (hereinafter referred to
as "Grantee")
WHEREAS,City has determined it to be in the best interests of the City that quality day-care
facilities be available, and
WHEREAS,Easter Seals Jayne Shover Center has initiated a day-care program at its facility.
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:
day-care services
hereinafter referred to as "Program"). Program shall consist of payment of salaries and
benefits of one certified teacher and two assistants.
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 Easter Seal Jayne Shover Center,
799 McLean Blvd, Elgin, IL 60123
CITY OF ELG
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City ager Grantee' ignature
Attest Printed ame
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City Clerk