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02-323 Resolution No. 02-323 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX VALLEY HEALTH & WELLNESS CENTER 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 the Fox Valley Health & Wellness Center for security upgrades to its building at 620 Wing Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 25, 2002 Adopted: September 25, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN GRANT AGREEMENT THIS AGREEMENT is hereby made and entered into this y day of S c-fT• , 2002 by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as"City") and Fox Valley Health&Wellness 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 community that affordable and comprehensive health services be made available to needy citizens, and WHEREAS,Fox Valley Health&Wellness Center provides a facility and programs through which such programs are provided. 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$9,775 grant to Grantee for the following program: capital improvements to building (hereinafter referred to as "Program"). Program shall consist of security pgrades to the building at 620 Wing Street including installation of panic bars, exit lights,window kits in doors and structures to control access to restricted areas. 2. All monies granted for this Program shall be expended by Grantee by Dec. 31, 2002. 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$9,775 consideration,(plus reasonable costs and attorney's fees,in the event City is required to litigate to retrieve said funds)as and for liquidated damages. 5. Grantee shall provide the City a written report detailing the disbursement of$ 9,775 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. r� 7. The City shall have the right to review all accounting records related to the use of the $9.775 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 Fox Valley Health&Wellness Center 620 Wing Street El 'n IL 60123 CITY OF ELGIN B �~ �� ��e�zZ? N4�xG Y Interim City anager Grantee's gignature Attest jc" ,W" y. CA-X-�P Q" Printed Name City Clerk Agenda Item No. City of Elgin y/ r 1�/ August 23 , 2002 TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Olufemi Folarin, Interim City Manager SUBJECT: Recommendation from Funding Application Review Committee to Fund Fox Valley Health and Wellness Center Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a recommendation by the Funding Application Review Committee to fund a project of the Fox Valley Health and Wellness Center. BACKGROUND In January, 2001, the City Council established the Funding Application Review Committee for the purpose of reviewing funding applications to the City of Elgin for Elgin-based not- for-profit corporations . The committee reviews the applications in accordance with the funding program created by the City Council and makes funding recommendations for City Council consideration. A total budget of $60, 000 was made available to fund agency services or capital improvements . A funding application was received by the Fox Valley Health and Wellness Center, 620 Wing Street, seeking funding assistance with capital improvements being made to the building which houses nine health service agencies . The capital improvements proposed include security improvements to the building. The agency is requesting assistance in the amount of $9, 775 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Fund Fox Valley Health & Wellness Center Project August 23, 2002 Page 2 FINANCIAL IMPACT The total amount budgeted in the 2002 Budget account number 275- 0000-791 .80-39, Agency Review Committee, is $60, 000 . The total amount being requested by the Fox Valley Health and Wellness Center is $9, 775 . There are sufficient funds available, $48, 000, to fund this request . LEGAL IMPACT An Agreement will need to be prepared. ALTERNATIVES 1 . Approve the funding recommendations of the Funding Application Review Committee as presented. 2 . Fund a portion of the funding request as recommended. 3 . Reject the recommendation of the Funding Application Review Committee. RECOMMENDATION It is the recommendation of the Funding Application Review Committee to approve funding for the Fox Valley Health and Wellness Center in the amount of $9, 775 . Respectfully submitted, Olufemi 7lrin a Inte im Cl y ger DKN:od