HomeMy WebLinkAbout02-213 Resolution No. 02-213
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH
SCHOOL DISTRICT U-46
(La Raza Club - Larkin High School)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim 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
School District U-46 for a $7, 000 grant for the La Raza Club at
Larkin High School for attendance at National Council of La Raza
in Miami, Florida, a copy of which is attached hereto and made a
part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 12 , 2002
Adopted: June 12 , 2002
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
GRANT AGREEMENT
THIS AGREEMENT is hereby made and entered into this 1 day of 2002
by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referr to as"City")
and School District U-46, an Illinois School District (hereinafter referred to as "Grantee")
"WHEREAS, the City has determined to provide grant funding to certain qualified Elgin-
based not-for-profit organizations which perform services or undertake activities which the City
determines or undertake activities which the City determines benefit the public health, safety and
welfare."
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 $7,000 grant to Grantee for the following program: La Raza Club of
Larkin High School.
(hereinafter referred to as "Program"). Program shall consist of attendance at National
Council of La Raza in Miami, FL, July 20-24, 2002. Funds to be used to pay expenses of
students participating.
2. All money granted for this Program shall be expended by Grantee by Dec. 31, 2002. All
money 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$7,000 consideration, (plus reasonable
costs and attorney's fees,in the event City is required to litigate to retrieve said funds)as and
for liquidated damages.
5. Grantee shall provide the City a written report detailing the disbursement of$ 7,000.
These reports shall be provided to the City Council by December 31,2002,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, 2002.
7. The City shall have the right to review all accounting records related to the use of the
$7,000 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. To the fullest extent permitted by law, Grantee agrees to indemnify, defend and hold
harmless the City,its officers,employees,boards and commissions from and against any and
all claims, suits,judgements,costs, attorney's fees,damages or other relief arising out of or
resulting from or through or alleged to arise out of any reckless negligent acts or omissions
of EPB or its officers, employees or agents in the performance of this agreement or
operations funded pursuant to this agreement. Nothing herein affects EPB's duty to defend
the City. In the event of any action against the City, its officers, employees, agents,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.
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 Larkin High School, 1475
Larkin Avenue, Elgin, IL 60123
CITY OF ELGIN
Byai4 R - ? ,
City Manage Grantee's Signature
AC\16_El R Lf A1foN4
Attest Printed Name
City Clerk