HomeMy WebLinkAbout25-16 Resolution No. 25-16
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH ELGIN PARTNERSHIP
FOR EARLY LEARNING,NFP TO PROVIDE FUNDING AND TO SUPPORT THE CITY'S
STRATEGIC GOALS
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 on behalf of the City of Elgin with Elgin
Partnership for Early Learning, NFP, to provide funding and to support the City's Strategic Plan,
specifically the strategic outcome areas of"Connected, Engaged, and Inclusive Community" and
"Diversified Growth", a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 22, 2025
Adopted: January 22, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
GRANT AGREEMENT
ELGIN PARTNERHSIP FOR EARLY LEARNING
This Agreement is made and entered into this 22 day of January, 2025 by and between
the City of Elgin, an Illinois municipal corporation ("City"), and Elgin Partnership for Early
Learning,NFP,an Illinois not-for-profit corporation,organized and existing under the laws of the
State of Illinois("Grantee").
WHEREAS, the City has determined that it would serve a beneficial public purpose to
provide funding to Grantee to support the City's strategic goals, including a connected, engaged
and inclusive community and diversified growth as expressed in the City's 2024 Strategic Plan;
and
WHEREAS, the City has determined that it would serve a beneficial public purpose to
support the enhancement of our public schools and educational institutions through aligned
community partnerships, such as with Grantee; and
WHEREAS, Grantee seeks to align community resources and collaborate with
organizations by building a family-centered, equitable and high-quality early childhood system
that raises awareness about the importance of early learning,connecting families to vital resources
and expanding access to early childhood initiatives and education programs in communities served
by School District U-46 in Illinois; and
WHEREAS, the City of Elgin and Grantee desire to enter into this grant agreement for a
three-year period; and
WHEREAS, Grantee represents that it has the necessary expertise and experience to
comply with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the sufficiency of which is hereby mutually acknowledged,the parties hereto hereby agree
as follows:
1. The Grantee shall maintain status as a 501(c)(3) in the state of Illinois, and shall have an
established board of directors that demonstrates service provisions to the residents of Elgin.
2. The Grantee shall maintain good standing with the City of Elgin.The Grantee shall perform
the services specified in Exhibit A of this Agreement (the "Subject Services") and provide the
equipment,staff and materials to achieve those requirements. In performing the services under this
Agreement, the Grantee is an independent contractor and not an employee of the City, and the
Grantee will not hold itself out as any such employee. The Grantee has no authority to make any
agreement or commitment on behalf of the City.
3. The Grantee shall address all inquiries and requests made pursuant to this Agreement to
the Assistant City Manager of the City or their designee.
4. The Grantee warrants and agrees to maintain all facilities and equipment used in the
performing of the agreement in a clean, sanitary and safe condition and free from defects of every
kind whatsoever. Grantee agrees and warrants periodic inspections of all of such facilities and
equipment for such purposes.Grantee also warrants that facilities and equipment are not now,nor
shall be during the term of this Agreement in violation of any health,building, fire or zoning code
or regulation or other applicable requirements of law.
5. The City shall pay the Grantee for the Subject Services under this Agreement the total
amount of$120,000.The first payment of$40,000 shall be made on February 15,2025;the second
installment of$40,000 shall be made on February 15, 2026; and the third installment of$40,000
shall be made on February 15, 2027.
6. The Grantee shall apply the money to be paid by the City to the Grantee pursuant to the
preceding paragraph hereof solely to support the outcomes identified in Exhibit A and associated
costs for related meetings and miscellaneous expenses.
7. The Grantee shall complete,maintain and submit to the Assistant City Manager of the City,
or their designee, any and all records, reports and forms relating to the Subject Services in this
Agreement as requested by the City. Without limiting the foregoing, the parties further agree as
follows:
a. The Grantee shall provide a budget to the City which shall reflect the projected
distribution of funds received from the City pursuant to this Agreement during the term of
this Agreement. The budget shall be submitted to the Assistant City Manager of the City
prior to any payment by the City.
b. The Grantee shall provide a written performance report detailing the disbursements
of the monies to be paid by the City to the Grantee pursuant to this Agreement. The report
shall he provided annually to the City on December 31, 2025, December 31, 2026 and
December 31,2027.
c. The City has the right to review all accounting records of the Grantee related to the
use of the monies to be paid by the City to the Grantee pursuant to this Agreement upon
72 hours advance notice from the City to the Grantee.
d. For all periods of time during which this Agreement is effective, the Grantee shall
submit to annual financial reviews whereby it shall tender reviewed financial statements
for such periods to the City within thirty (30) days of their completion. These statements
shall be submitted to the Assistant City Manager at City Hall, 150 Dexter Court, Elgin,
Illinois 60120-5555.
8. In the event this Agreement is terminated, or in the event the Subject Services for which
the City funds provided herein are to be applied are discontinued, or the Grantee ceases its
operations prior to January 31, 2028, the Grantee shall refund to the City on a prorated per diem
basis the funds paid hereunder for the portion of the year remaining after any such termination or
for the portion of the year the Subject Services were not conducted.
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9. The City shall be recognized as a sponsor of the Grantee and shall receive the benefits of
sponsorship consistent with the level of support provided in this Agreement.
10. In all printed materials in which a City seal or logo is deemed appropriate, approval by the
Public Information Officer of the City is required prior to printing.
11. The term of this Agreement shall commence from the date of the execution hereof and
continue through January 31,2028,unless otherwise terminated as provided for herein.
12. This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto. Grantee understands and
agrees that the relationship of the Grantee to the City arising out of this Agreement shall be that of
an independent contractor. It is expressly agreed and understood that the Grantee and the Grantee's
officers, employees and agents are not employees of the City and are not entitled to any benefits
or insurance provided to employees of the City.
13. If the Grantee violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and the City shall have the right to seek administrative,
contractual, legal or equitable remedies as may be suitable to the violation or breach; and, in
addition,if the Grantee by reason of any default,fails to within fifteen(15)days after notice thereof
by the City to comply with the conditions of the Agreement, the City may terminate this
Agreement. If the City violates or breaches any term of this Agreement, such violation or breach
shall be deemed to constitute a default, and in the event the City fails to within fifteen (15) days
after notice thereof by the Grantee to comply with the conditions of this Agreement, the Grantee
as its sole and exclusive remedy may terminate this Agreement. Notwithstanding anything to the
contrary in this Agreement, with the sole exception of the monies the City has agreed to pay the
Grantee pursuant to Section 5 hereof, no action shall be commenced by the Grantee, any related
persons or entities, and/or any of their successors and/or assigns, against the City for monetary
damages. Grantee hereby further waives any and all claims or rights to interest on money claimed
to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims
it may otherwise be entitled pursuant to law, including, but not limited to,the Local Government
Prompt Payment Act(50 ILCS 505/1,et seq.) as amended, or the Illinois Interest Act(815 ILCS
205/1,et seq.),as amended. The parties hereto further agree that any action by the Grantee arising
out of this Agreement must be filed within one(1)year of the date the alleged cause of action arose
or the same will be time-barred. In the event any legal action is brought by the City for the
enforcement of any of the obligations of the Grantee in this Agreement and the City is the
prevailing party in such action,the City shall also be entitled to recover from the Grantee interest
at the rate of nine percent (9%)per annum and reasonable attorney's fees. The provisions of this
section shall survive any expiration,completion and/or termination of this Agreement.
14. Notwithstanding any other provisions hereof, the City may terminate this Agreement at
any time upon thirty(30)days prior written notice to the Grantee. In the event this Agreement is
so terminated, the Grantee shall be paid for services actually performed, and reimbursable
expenses actually incurred prior to termination, except that reimbursement shall not in any event
exceed the total amount set forth under Section 5 above. Additionally,in the event this Agreement
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is so terminated, the Grantee shall immediately cease the expenditure of any funds paid to the
Grantee by the City and shall refund to the City any unearned or unexpended funds.
15. To the fullest extent permitted by law, Grantee shall indemnify,defend and hold harmless
the City, its officers, employees, agents, 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 negligent actions or
omissions of the Grantee in connection herewith, including negligence or omissions or agents of
the Grantee arising out of the performance of this Agreement and/or the Subject Services. 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.The provisions of this section shall survive any
expiration,completion and/or termination of this Agreement.
16. The Grantee shall provide, pay for and maintain in effect, during the term of this
Agreement,a policy of comprehensive general liability insurance with limits of at least$1,000,000
aggregate for bodily injury and$1,000,000 aggregate for property damage. The Grantee shall also
provide, pay for and maintain in effect, during the term of this Agreement, comprehensive
automobile liability insurance covering all owned, non-owned and hired motor vehicles used in
connection with the Subject Services with limits of not less than $500,000 per occurrence for
damages to persons or property. The Grantee shall also provide, pay for and maintain in effect,
during the term of this Agreement, worker's compensation insurance in amounts required under
the laws of the State of Illinois. At the request of the City the Grantee shall provide to the City
certificates of insurance regarding the insurance required in this paragraph.
17. 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.
18. In all hiring or employment made possible or resulting from this Agreement, there shall be
no discrimination against any employee or applicant for employment because of sex, age, race,
color, creed, national origin, marital status, of the presence of any sensory, mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement shall
apply to,but not be limited to,the following: employment advertising, layoff or termination,rates
of pay or other forms of compensation and selection for training, including apprenticeship.
19. No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of sex,
race, color, creed, national origin, age except minimum age and retirement provisions, marital
status or the presence of any sensory,mental or physical handicap.Any violation of this provision
shall be considered a violation of a material provision of this Agreement and shall be grounds for
cancellation,termination or suspension, in whole or in part,or rescission of this Agreement by the
City at the City's sole discretion,without liability against the City.
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20. The terms 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.
21. This Agreement and its exhibits constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by written
amendment duly executed by the parties. Each party agrees that no representations or warranties
shall be binding upon the other party unless expressed in writing herein or in a duly executed
amendment hereof.
22. This Agreement shall be deemed to have been made in, and shall be construed in
accordance with 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.
23. The Grantee certifies hereby that it is not barred from bidding on a public contact as a result
of a violation of720 ILCS 5/33E et seq. or any similar state or federal statute.
24. As a condition precedent of this contract,the Grantee shall have written sexual harassment
policies that include, at a minimum,the following information:
a. the illegality of sexual harassment;
b. the definition of sexual harassment under state law;
c. a description of sexual harassment,utilizing examples;
d. the vendor's internal complaint process including penalties;
e. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights,and the Illinois Human Rights Commission;
f. directions on how to contact the department and commission;
g. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies must be provided to the Department of Human Rights upon request
(775 ILCS 5/2-105).
25. As a condition precedent of this Agreement, the Grantee shall have in place a written
substance abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Act at 820 ILCS 265/1, et seq. A copy of such policy
shall be provided to the City's Assistant City Manager prior to the entry and execution of this
Agreement.
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26. Notwithstanding any other provision in this Agreement, it is expressly agreed and
understood that in connection with the performance of this Agreement the Grantee shall comply
with all applicable federal, state, city and other requirements of law including, but not limited to,
any applicable requirements regarding prevailing wages, minimum wage, workplace safety and
legal status of employees. Without limiting the foregoing, the Grantee hereby certifies,represents
and warrants to the City that all of Grantee's employees and/or agents who will be providing
products, and/or services with respect to this Agreement shall be legal residents of the United
States. Grantee shall also, at its expense, secure all permits and licenses, pay all charges and fees
and give all notices necessary and incident to the due and lawful prosecution of the work, and/or
the products and/or services to be provided pursuant to this Agreement. City shall have the right
to audit any records in the possession or control of the Grantee to determine the Grantee's
compliance with the provisions of this section. In the event the City proceeds with such an audit,
the Grantee shall make available to the City the City's relevant records at no cost to the City.
Grantee shall pay any and all costs associated with any such audit. The provisions of this section
shall survive any expiration,completion and/or termination of this Agreement.
27. All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid,addressed as follows:
As to the City: As to Grantee:
City of Elgin Elgin Partnership for Early Learning
150 Dexter Court P.O. Box 431
Elgin, IL 60120-5555 Elgin, IL 60121
Attention: Richard G. Kozal,City Manager Attn: Amber Peters, Executive Director
With a copy to:
Christopher J. Beck
Corporation Counsel City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
28. This Agreement is and shall be deemed and construed to be a joint and collective work
product of the City and the Grantee and,as such,this Agreement shall not be construed against the
other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in
order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and
provisions contained herein.
29. 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 Grantee
without the express written consent of the City which consent may be withheld at the sole
discretion of the City.
30. This Agreement may be executed in counterparts, each of which shall be an original and
all of which shall constitute one and the same agreement. This Agreement may be executed
electronically,and any signed copy of this Agreement transmitted by facsimile machine,email,or
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other electronic means 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 facsimile machine, email, or
other electronic means shall be considered for these purposes an original signature and shall have
the same legal effect as an original signature.
IN WITNESS WHEREOF,the undersigned have entered into executed this Agreement on
the date and year first written above.
CITY OF E`GIN PARTNERHSIP FOR EARLY
w"ARNING, NFP
� r 4 M' P
By: - By:
and G. Kozal, City Manager
Its
A S :
imberly D ' City Clerk
Legal DeptAgreement\Elgin Partnership for Early Learning Grant Agreement-12-20-24.docx
Exhibit A
Description of Work to be provided by Elgin Partnership for Early Learning
Governance
Elgin Partnership for Early Learning will maintain a governance structure that includes an
executive board and four committees (communications, data, the Basics of Greater Elgin and
family engagement) to complete its mission of engaging families, organizations, the early
childhood workforce and healthcare providers dedicated to creating a collaborative
community-wide system of support for every young child to succeed in school and life.
1. The City of Elgin will hold at least one seat on the executive board through at least the
duration of this agreement.
2. The EPEL executive board and committees will support strategic goals focused on
enhancing early childhood development in the Elgin area by expanding access to high-
quality care and education, targeting marginalized families, fostering community-led
initiatives, and creating a unified system that provides equitable opportunities for
children and families to thrive through collaborative stakeholder engagement, targeted
outreach, continuous quality improvement, and raising awareness about the critical
importance of early childhood programs in driving economic and social well-being. Any
changes to the goals and priorities will be provided to the city in writing.
EPEL Priorities
1. Building a Future Workforce/Ready Children: EPEL plays a vital role in preparing the
future workforce e.g. children ages birth to five. EPEL supports
parents/caregivers/partners in providing opportunities to develop essential skills that
lay a strong foundation for children's learning and development.
Activities that focus on this goal include:
a. The Kindergarten Readiness Calendar: A trusted resource for over 12 years,
EPEL distributes 11,000 free guides to provide families with daily,
developmentally appropriate activities to nurture social-emotional, literacy,
numeracy, and problem-solving skills, aligning with early learning standards.
b. The Basics of Greater Elgin Principles: A new initiative in 2025, teaching families
five simple, research-based practices—like "Talk, Sing, and Point" and "Explore
Through Movement and Play"—that foster brain development and prepare
children for lifelong success.
c. Community Engagement Programs: Initiatives such as Learning in the
Laundromat, Learning On the Go neighborhood events, and Connect& Play
groups provide families not enrolled in formal programs with free, accessible
learning opportunities with community partners like Gail Borden Public Library.
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d. Awareness: Community early childhood website and social media content to
increase understanding and knowledge among families, caregivers, and
stakeholders about the critical importance of early learning and the many
resources available.
2. Strengthening the Current Early Care and Education Workforce: EPEL is supporting the
existing early care and education workforce by providing training to enhance high-
quality teaching and connecting them with partners in higher education to further their
education. EPEL's efforts focus on ensuring a skilled, diverse workforce, including
bilingual educators who are equipped to meet the needs of young children in our
community.
a. Recruitment and Training: Collaborating with early care centers to recruit more
educators, enhance training aligned with The Basics and provide ongoing
professional development to improve teaching quality.
b. Bilingual and Bicultural Staff: Employing bilingual/biliterate Family Engagement
Specialists and community ambassadors to implement culturally and
linguistically responsive approaches to meeting the needs of the community.
c. ECE Directors Network: EPEL leads a quarterly network lunch and learn for early
care and education directors to collaborate, address challenges, and foster
professional growth.
3. Building and Supporting the Future Early Care and Education Workforce: EPEL works to
increase the number of candidates pursuing education careers to ensure that we
continue to grow and strengthen the educators of tomorrow.
a. Workforce Pipeline Development: Partnering with the high schools and colleges
to encourage students to pursue early childhood education careers and support
pathways for certification and degrees to come back to Elgin to teach.
b. EPEL's partners work together to develop a career ladder that provides
opportunities for parents to work in EC settings e.g. at the YWCA of Elgin, to
become neighborhood ambassadors sharing information or working community
events, to facilitate learning activities in the Laundromat or in the parks, or to
host parent conversations. These roles lead to further leadership and
educational opportunities.
Reporting
1. Annual reports: EPEL will annually report comprehensive metrics demonstrating
community impact, including but not limited to: total children and families served,
specific program participation, resource distribution, community engagement
indicators, family support initiatives, and quantifiable outcomes like in-kind donations
and human capital investment, with a focus on showcasing the organization's
effectiveness in creating pathways to ensure children are ready for school, families are
supported, and the community has a sustainable, skilled workforce for the future.
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2. Budget and Annual Financial Review: An annual budget shall reflect the projected
distribution of funds received from the city pursuant to this Agreement during the term
of this Agreement. Elgin Partnership for Early Learning shall also have an annual
financial review. Two copies of this annual financial review shall be provided to the City
within thirty days of its annual completion.
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