Loading...
HomeMy WebLinkAbout24-207 Unsigned Draft Resolution No. 24-207 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE FOX RIVER WATERSHED PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Grant Agreement with the Fox River Study Group for continued support of the Fox River Watershed Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 11, 2024 Adopted: September 11, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk n re RAFT GRANT AGREEMENT—FOX RIVER STUDY GROUP THIS AGREEMENT is hereby made and entered into as of the 11th day of September , 2024, 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 corporation(hereinafter referred to as the"Organization"). WHEREAS, the Organization is a diverse coalition of stakeholders, including municipal, sanitary district, engineering, and environmental representatives, 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 Illinois 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 that the City provide grant funds to assist the Organization with its investigation, assessment, and monitoring of the Fox River watershed, including the Fox River Study Group Water Quality Study (hereinafter referred to as the "Fox River Watershed Project"). 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 thirty (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 Twenty-Eight Thousand Seven Hundred and Two Dollars and Fifty Cents ($28,702.50) for continued support of the Fox River Watershed Project. The Organization shall utilize such grant funds from the City solely and only for costs associated with such Fox River Watershed Project. 3. The Organization shall provide the City with audited financial statements relative to the organization's total operations. These statements shall be submitted before September 30, 2024. 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, 2024; provided, however, that either party hereon may terminate this agreement upon thirty (30) days written notice without penalty or liability except as provided for herein. 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, 2024, or this Agreement is terminated by the City due to a breach by the Organization or pursuant to paragraph 5, 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. 8. 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. 9. 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. 10. This Agreement shall not be construed so as to create a partnership,joint venture, agency or employment relationship between the parties hereto. 11. 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 tenors 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. 12. No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution,approval or attempted execution of this Agreement. 13. Notwithstanding anything to the contrary in this Agreement, with the sole exception of the monies the City has agreed to contribute pursuant to Section 2 hereof, no action shall be commenced by the Organization, any related persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 2 14. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This Agreement and the obligations herein may not be assigned by the Organization without the express written consent of the City which consent may be withheld at the sole discretion of the City. 15. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e- mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. CITY OF ELGIN FOX RIVER STUDY GROUP By By Richard G. Kozal,City Manager Name: Rob Linke Attest: Title: Chair Kimberly A. Dewis,City Clerk 3