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HomeMy WebLinkAbout26-0716 Hanover Township Foundation ELGIN SUSTAINABILITY COMMISSION GRANT AGREEMENT THIS AGREEMENT is made and entered into this 16th day of July , 2026 by and between the CITY OF ELGIN, Illinois,a municipal corporation(hereinafter referred to as the "City"), and Hanover Township Foundation, a not-for-profit corporation organized and existing under the laws of the State of Illinois(hereinafter referred to as the"Grantee"). WHEREAS, the City has determined that it would serve a beneficial public purpose to enter into an agreement with the Grantee to provide a grant to the Grantee under the City's Sustainable Elgin Community Grant Program in order to provide funding for Grantee's Community Garden Sustainability at Hanover Landing (hereinafter the "Project") in accordance with the terms and conditions of this Agreement; and WHEREAS, the Grantee represents that it has the necessary expertise and experience to conduct the Project activities upon the terms and conditions set forth in this Agreement; and WHEREAS, the City is a home rule unit of local government which may exercise any powers and perform any functions pertaining to its government affairs; and WHEREAS, providing financial assistance to the Grantee to conduct the Project as described herein will promote the public welfare of the community and pertains to the government and affairs of the City. 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. That the foregoing recitals are incorporated into this Agreement in their entirety. 2. The City shall provide a grant to the Grantee in the total amount of two thousand dollars ($2,000) (hereinafter referred to as the"Grant Funds"), to be utilized by the Grantee for the Project Activities described in Paragraph 3 herein, and for no other purposes. Payment of the Grant Funds by the City to the Grantee shall be as reimbursement to the Grantee of approved Project expenses submitted by the Grantee in accordance with the terms and conditions of this Agreement. Applicant shall present paid receipts or copies of paid receipts to City specifically designating actual expenses incurred for the Project Activities described in the application with any request for reimbursement from City. Such requests for reimbursement and paid receipts shall be limited to and shall specifically designated actual expenses incurred for the Project Activities described in the application, and reimbursements shall not exceed the amount of Grant Funds approved at the time of the execution of this Agreement. No funding shall be provided or approved by City for expenses incurred prior to the execution of the grant agreement. 3. The Grantee shall utilize the Grant Funds to perform and provide the activities and services for the Project described in and pursuant to the terms and conditions set forth on Exhibit A, entitled Exhibit A: Project Proposal, attached hereto and made a part hereof by this reference, and for no other purposes (the Project activities and services, including terms, conditions, dates, and times, are hereinafter referred to as the "Project Activities"). In the event of any conflict between the provisions of this Agreement and the provisions in Exhibit A hereto, the provisions of this Agreement shall control. The Grantee represents and warrants that the Grantee shall use its best efforts to perform the Project Activities in a reasonable, timely, and efficient manner, and in accordance with the terms and conditions of this Agreement. The Project Activities set forth in Exhibit A are integral parts of this Agreement and may not be modified, amended or altered except by a written amendment to this Agreement agreed to and executed by both parties hereto. 4. The Grantee shall address all inquiries and requests made pursuant to this Agreement to the Assistant City Manager of the City or his/her designee. 5. In connection with any Project Activities to be performed on any property other than City-owned properties, the Grantee warrants and agrees to maintain all facilities and equipment used in the performing of the Project Activities in a clean, sanitary and safe condition and free from defects of every kind whatsoever. Grantee agrees and warrants that the Grantee will periodically inspect, at reasonable intervals and with a reasonable degree of thoroughness, all of such facilities and equipment for such purposes. Grantee also warrants that the Grantee and the Grantee's facilities and equipment used in the performing of the Project Activities 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. In connection with the Project Activities on properties owned or controlled by the City, Grantee agrees and warrants to use, and to cause persons participating in the Project Activities to use, through proper and reasonable supervision and control, all facilities with due care, and to report all defects in or damage to any such facilities, and the cause thereof, if known, immediately to the Assistant City Manager of the City. 6. Grantee shall comply with all of the requirements, terms and conditions of the City's Sustainability Commission Grant Program. All grant funds for the Project Activities shall be expended by the Grantee between January 1, 2026 and December 31, 2026, and the Grantee shall complete the Project Activities for which Grant Funds have been awarded no later than December 31, 2026. All funds awarded pursuant to this Agreement shall be expended in accordance with the terms and provisions of this Agreement and of the City's Sustainability Commission Grant Program. The Grantee shall apply the Grant Funds solely to fund the Project Activities identified in Exhibit A,and no funds from the grant provided pursuant to this Agreement shall be used by the Grantee for operating expenses or for any purchase of permanent equipment, capital improvements,construction or for the payment of any previous year's deficit. 7. Prior to entry into this Agreement, the Grantee shall complete a Project and Financial Report in a form as required by the City. Following the completion of the Project Activities the Grantee shall submit a final Project Report in a form as required by the City within sixty (60) days of completion of the Project Activities, but no later than December 31, 2026. Without limiting the foregoing, the Grantee shall also complete, maintain, and submit to the Assistant City Manager of the City, or his/her designee, any and all records, reports, and forms -2- relating to the Project Activities in this Agreement as may be requested by the City, including but not limited to, as follows: (a) The Grantee shall provide a budget to the City which shall reflect the projected distribution of Grant 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 to the City all accounting records substantiating any and all revenues and expenses relating to the Grant Funds awarded pursuant to this Agreement. Such accounting records shall be submitted by the Grantee to the City for review by the City's Fiscal Services Department within sixty (60) days following the completion of the Project Activities. Accounting records shall include, but not be limited to, bank statements, cancelled checks, invoices, ticket sales, and such other documentation as determined by the City to verify the performance of the Project Activities and/or grant related receipts and disbursements. 8. In the event this Agreement is terminated, or in the event the Project Activities for which the Grant Funds provided herein are to be applied are discontinued, or the Grantee ceases its operations prior to December 31, 2026, the Grantee shall refund to the City on a prorated per diem basis any Grant Funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year the Project Activities were not conducted. 9. The City of Elgin and the Sustainability Commission shall be recognized as sponsors of the Grantee and shall receive the benefits of sponsorship consistent with the level of support provided in this Agreement. At a minimum, the City's and the Sustainability Commission's support shall be acknowledged on all print materials promoting the Grantee's organization,press releases,radio advertising,web page information and event program(s)through the following mandatory funding identification statement: "Funding for the organization is provided in part through the City of Elgin and the Sustainability Commission." Three samples of this acknowledgement shall be provided to the City. A logo provided by the City to the Grantee shall be used for this purpose. 10. In all printed materials in which a City seal or logo is deemed appropriate, written approval by the Public Information Officer of the City shall be required prior to printing. 11. The term of this Agreement shall commence from the date of the execution hereof and continue through December 31, 2026, 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. 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. -3- 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 such administrative, contractual, legal or equitable remedies to which it may be entitled by law as a result of such violation or breach; and, in addition, if the Grantee, by reason of any default, fails, within fifteen (15) days after notice thereof by the City demanding compliance, to comply with the terms and conditions of this Agreement, the City may terminate this Agreement and any and all financial or other obligations on the part of the City shall cease and become null and void. In addition, and without limiting the foregoing, if the Grantee fails to perform any of its obligations under this Agreement, the Grantee shall be required to repay any and all Grant Funds in full upon thirty(30)days written demand. 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, within fifteen (15)days after notice thereof by the Grantee demanding compliance,fails to comply with the terms and conditions of this Agreement, the Grantee, as its sole and exclusive remedy, may terminate this Agreement. Notwithstanding anything to the contrary in this Agreement or by implication or estoppel, with the sole exception of the money the City has agreed to pay the Grantee pursuant to paragraph 2 hereof, no action shall be commenced by the Grantee, any related agents, persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. 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, plus attorney's fees at the rate of Two Hundred Fifty Dollars ($250.00) per hour, which Grantee agrees to be reasonable. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 14. Notwithstanding any other provision 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 only be reimbursed for such reimbursable expenses related to Project Activities that were actually incurred prior to termination, except that any such reimbursement shall not, in any event, exceed the total amount set forth in paragraph 2 above. Additionally, in the event this Agreement is so terminated, the Grantee shall immediately cease the expenditure of any Grant Funds previously paid to the Grantee by the City and shall refund to the City any unexpended funds. 15. To the fullest extent permitted by law, Grantee agrees to 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, workers' compensation claims, in any way resulting from or arising out of any negligent acts or omissions of the Grantee in connection herewith, including any negligent acts or omissions of agents of the Grantee arising out of the performance of this Agreement and/or the Project Activities. 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. -4- 16. The Grantee shall 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 Project Activities 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 associated with, arising out of or resulting from this Agreement, there shall be no discrimination against any independent contractor, 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, of the Agreement by the City. 20. The terms and provisions of this Agreement shall be severable. If any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions 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. 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, -5- 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 sole 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 or of law. 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. The Grantee shall pay any and all costs associated with any such audit. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 24. 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 711 E Chicago Street 150 Dexter Court Elgin, IL 60120-1800 Elgin,IL 60120-5555 Attention: Julie Kappas Attention: Richard G. Kozal City Manager With a copy to: Christopher Beck,Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 25. 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. 26. 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 or delegated by the Grantee without the express written consent of the City,which consent may be withheld at the sole discretion of the City. 27. Grantee hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and any and all such rights to interest to which it may otherwise be entitled pursuant to law,including,but not limited to,pursuant 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 provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. -6- 28. The parties hereto agree that any cause of action by the Grantee arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 29. 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. 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 on the date and year first written above. CITY OF ELGIN, a municipal corporation GRANTEE: Hanover Township Foundation (Applicant Julie Kappas) C---71.-e.-e.,,_ By: C 6- By: at..,. Richard G Kozal,City Manager Name/Prin CAS/e--k Title: 8S I 471--. Attest: ity Clerk .( ,4- -7- Application Section 1 Applicant Hanover Township Foundation Name: Project Title: Community Garden Sustainability at Hanover Landing Grant Amount $4,000 Requested: Address of 711 E. Chicago St. Applicant: Telephone of 630-222-1261 Applicant: Email of jkappas@hanover-township.org Applicant: Have you No received another grant from the City of Elgin for the 2026 calendar year? Project Information Brief We are deeply grateful for the Committee's prior support,which allowed us to transform Hanover description of Landing with a new vegetable and sensory garden.To build on this momentum,our next phase program focuses on deepening the project's sustainability and extending the growing season, providing our community with healthy,fresh produce for more months of the growing season,allowing fewer food pantry visits from our residents,and enabling others who don't have garden space to utilize them.The garden makes the acronym RFSP reasonable,feasible,seasonal,and personal,our personal mission statement! Target 42 residents at Hanover Landing Audience Address/ 711 E.Chicago St.Elgin, II 60120 Location of Project (If Applicable) Proposed ustainability Grant Proposal.pdf Project Narrative (Optional) About the Hanover Township Foundation.odt Applicant Resume Budget for Hanover Landings Sustainable Garden Grant EXPENSES BUDGETED Free standing 8'x 10' Greenhouse materials -Cornerstone Partners (aluminum greenhouse) $2,500.00 -Mens Shed(wood base to stabilize greenhouse) � $95.00 t Free standing 8'x 10' Greenhouse construction $1,095.00 -Cornerstone Partners Drip irrigation and frost blankets for weather protection $200.00 _ 1 Other Expenses (plants,mulch,compost) $110.00 [Total Expenses $4,000 - - Grants/In kind/Match In kind donation-Cedar Wood Trellises and Construction from $250 Men's Shed l In kind donation from Heinz Greenhouse-Native Trailing Plants $300 & Pollinator Kits _ In kind donation from Township Resident-Organic Raised Bed $250 Soil&Bulk Compost - In kind donation-Cornerstone Courtesy discount $890 Total In-Kind Donation/Match $1,690 Summary of requested budget: • More durable greenhouse built by a local contractor from Cornerstone Partners o Received estimated $1,690 in-kind donations for trellises, plants, raised beds, compost, and labor to build beds CORNERSTONE 1111 PARTNERS Horticultural Services Company Cornerstone Partners Horticultural Services Co. Estimate Estimate ID: 6425476 E5 Created: Jul 9, 2026 ° Salesperson: Jim Turk Turcan Cornerstone Partners Horticultural Services Co. P.O. Box 745 Saint Charles IL 60174 (630) 482-9950 Info@CPHort.com www.CPHort.com Julie Kappas 711 East Chicago Street Elgin Illinois 60120 (847) 765-8081 0 jkappas@hanover-township.org Thank you for allowing us the opportunity to serve you on this Landscape Enhancement project/service. We propose to supply all materials, equipment, and labor (unless otherwise specified) to complete the following approved item(s): Summary Sent for Approval Approve & Sign Request Changes Decline • Note: excludes anchoring to base{undetermined} Show less Subtotal $921.72 Discount: Courtesy -$890.00 Discount: Community Service Courtesy Show less Subtotal -$890.00 Terms & Conditions Show more Sustainable Elgin Community Grant Applicant Agreement If a grant is awarded,the applicant agrees that: • The activities and services for which assistance is sought will be administered under the supervision of the applicant. • The applicant has read and will conform to the program guidelines. • The applicant organization will expend funds received as a result of the application solely on the project and programs described herein. • Any funds received under this grant shall not be used to supplant any budgeted funds. • The applicant organization will comply with all laws,acts and ordinances of the United States,the State of Illinois and the City of Elgin,and further fares that no person will be excluded from participation or be denied the benefits of any program,activity or service on the basis of race,sex, sexual preference,color,religion,ancestry,age,national origin,or disability.The applicant further agrees to make every attempt to ensure the program is accessible to persons with disabilities. • The figures,facts and representations in this application,including all exhibits and attachments, are true and correct to the best of its knowledge and belief. • Failure to follow these guidelines will disqualify you for future grants. • Cancellation of funded projects will result in forfeiture of funds and funds must be returned within sixty(60)days of the scheduled event or project. Authorization and acceptance Authorizing official Signature of authorizing official: Date Applicant Signature of applicant: auie 3Ca as Date 4/7/26