04-124 Resolution No. 04-124
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE
FOX RIVER STUDY GROUP FOR PHASE II OF THE
FOX RIVER WATERSHED INVESTIGATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,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 River Study
Group for Phase II of the Fox River Watershed Investigation,a copy of which is attached hereto and
made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 26, 2004
Adopted: May 26, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
GRANT AGREEMENT
This agreement is hereby made and entered into this ? A)I) day
of 'J y n/ E 2004 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 organization
(hereinafter referred to as "Organization" ) ; and
WHEREAS, the Organization is a diverse coalition of stakeholders
working together to assess water quality in the Fox Rivet
watershed; and
WHEREAS, the City is an Illinois municipal corporation and a home
rule unit pursuant to the 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 the City provide grant
funds to assist the Organization with the Fox River Watershed
Investigation.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
1 . Organization shall provide a budget within 30 day 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 $47, 500 for Phase II-IV
of the Fox River Watershed Investigation. The Organization
shall utilize such grant funds from the City solely and only
for costs associated with such Fox River Watershed
Investigation.
3 . The Organization shall provide a written report detailing the
disbursement of $47, 500 . This reports shall be provided to
the City Council by December 31, 2004 , and shall include all
program and financial activity. These reports shall be
submitted to the City Manager' s Office, City Hall, 150 Dexter
Court, Elgin, IL 60120 .
4 . The Organization shall provide the City with financial
statements relative to the organization' s total operations.
These statements shall be submitted before July 31, 2004 and
December 31, 2004 .
5 . Organization shall conduct good faith efforts to obtain
additional funding from other sources for its operations and
report such efforts to City.
6 . The term of this agreement shall commence upon the date of its
execution and shall expire on December 31, 2004 ; provided,
however, that either party hereon may terminate this agreement
upon thirty (30) days written notice.
7 . 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.
8 . In the event the Organization discontinues its activities for
any reason prior to December 31, 2004 , or this agreement is
terminated by the City due to a breach by the Organization,
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.
9. 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 .
10 . 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 .
11 . This agreement shall not be construed so as to create a
partnership, joint venture, agency or employment relationship
between the parties hereto.
12 . 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 workmen' 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 terms 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 .
CITY OF ELGIN FOX RIVER STUDY GROUP
1
BY
Date d L Date 10 4-
Attest :
City Clerk
City of Elgin Agenda Item No.
May 7, 2004
TO: Mayor and Members of the City Council
RIVER AS A RESOURCE
FROM: David M. Dorgan, City Manager
Larry E. Deibert, Water Department Director
SUBJECT: Fox River Study Group—Fox River Watershed Investigation
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider funding Phase II of the Fox River Study Group's Fox River Watershed
Investigation.
RECOMMENDATION
It is recommended that the City Council approve the funding for Phase II of the Fox River Study
Group's Fox River Watershed Investigation in the amount of$47,500.
BACKGROUND
The Fox River Study Group (FRSG) is a diverse coalition of stakeholders working together to
assess water quality in the Fox River watershed. Participants include Friends of the Fox River,
Sierra Club, Fox River Water Reclamation District (Elgin), Fox Metro Water Reclamation
District (Aurora), Fox River Ecosystem Partnership, Illinois Environmental Protection Agency
(IEPA), and the Northeastern Illinois Planning Commission, as well as representatives from
Algonquin, Aurora, Batavia, Crystal Lake, Elgin, Geneva, Island Lake, Kane County, Lake in
the Hills, St. Charles and Yorkville.
The FRSG began meeting in the summer of 2001 to plan how to prepare for the upcoming Total
Maximum Daily Load (TMDL) study on the Fox River. A TMDL study is required by federal
law based on the fact that the Fox River appeared on the IEPA's list of impaired waters (2002
303 (d) list). The list noted the following causes as concerns: flow alteration, habitat alteration,
low dissolved oxygen, nutrients, organic enrichment, PCBs, siltation or suspended solids.
As a result of the rapid pace of development in the Fox River Watershed, maintaining the Fox
River as a resource requires comprehensive planning. To complete the Fox River Watershed
rw Investigation, the FRSG has broken down the project into four phases that are outlined in the
following table:
Fox River Study Group-Fox River Watershed Investigation
May 7, 2004
Page 2
Phase Tasks Estimated Cost Schedule
I Critical and comprehensive review of $160,000 April 2002 — October
existing water quality and quantity and 2003
land use data.
II Design and implement watershed $500,000 April 2002 — begin
monitoring and initial modeling monitoring
Nov. 2003 — July
2005 —develop model
III Watershed model calibration $900,000 August 2005 — July
2008
IV Watershed model application and July 2008 onward
TMDL implementation
The FRSG is currently seeking federal funding for Phase II of the work plan through the
Watershed Initiative and other USEPA initiatives. The FRSG is soliciting local matching funds
by asking Fox River Valley communities to budget 25¢ per capita into their yearly budgets to
support the study. The towns of Aurora and Elgin, which take their drinking water form the Fox
River, are being asked to contribute 50¢ per capita.
As of March 9, 2004, six communities plus the State of Illinois have contributed $92,820 for
Phase Il. Donations will be requested for subsequent phases at the same dollar amounts.
The total amount of funding requested from the City of Elgin for Phase II is $47,500.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
"FINANCIAL IMPACT
There are funds totaling $47,500 budgeted and available in the three accounts listed below,
Project Number 339818 that will share the cost equally at $15,833 each.
Acct#401-4002-771.30-03
Acct#430-4202-772.30-99
Acct #275-0000-791.47-00
Fox River Study Group—Fox River Watershed Investigation
May 7, 2004
Page 3
GALIMPACT
None.
ALTERNATIVES
1. Approve the funding for Phase II of the Fox River Study Group's Fox River Watershed
Investigation.
2. Offer no financial assistance for Phase II of the Fox River Study Group's Fox River
Watershed Investigation.
Respectfully submitted for Council consideration.
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