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05-290 Resolution No. 05-290 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR PHASE III OF THE FOX RIVER WATERSHED INVESTIGATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk,be and is hereby authorized and directed to execute a grant agreement with the Fox River Study Group for Phase III 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: October 12, 2005 Adopted: October 12, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk GRANT AGREEMENT THIS AGREEMENT is hereby made and entered into this _ day of ��c_ToQ07/c'�' 005 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) and Fox River Study Group, an Illinois not-for-profit organization (hereinafter referred to as "Organization" ) . WHEREAS, Organization is a diverse coalition of stakeholders 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 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 hereby agree as follows : 1 . Organization shall provide a budget within 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 $47, 500 for Phase III 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 written reports detailing the disbursement of $47, 500 . These reports shall be provided to the City Council by December 31, 2005, and September 30, 2006, 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, Illinois 60120 . 4 . The Organization shall provide the City with financial statements relative to the organization' s total operations . These statements shall be submitted before December 31, 2005 . 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 August 31, 2006 ; 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 August 31, 2006, 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 . 2 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 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 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 AF EL� FOX RIVER STUDY GROUP By B f/ '41 ufe 2 Fol in City MKiaajer Attest : Dolonna Mecum, City Clerk F:\Legal Dept\Agreement\Fox River Study Group.doc 3 f Agenda Item No. City of Elgin September 9, 2005 TO: Mayor and Members of the City Council RIVER AS A RESOURCE FROM: Olufemi Folarin, City Manager Kyla B. Jacobsen, Water Syste Superintendent SUBJECT: Fox River Study Group—Financial Assistance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider funding for Phase 3 of the Fox River Study Group's Watershed Investigation. RECOMMENDATION It is recommended that the City Council approve the funding for Phase III of the Fox River Study Group's Watershed Investigation in the amount of$47,500. BACKGROUND The Fox River Study Group (FRSG) is a diverse coalition of stakeholders working together to preserve and/or enhance water quality in the Fox River watershed. The FRSG began meeting in the summer of 2001 to plan how to prepare for an upcoming study on the river, which was required by federal law because three segments of the Fox River appeared on the Illinois Environmental Protection Agency's list of impaired waters. That listing was updated in 2002, and now includes the entire length of the Fox River from the Wisconsin state line to the river's mouth at Ottawa. Although the emphasis in the original meetings was on monitoring water quality, it soon became clear that the FRSG presented a unique opportunity to foster sustainable growth throughout the watershed. To guide those efforts, the FRSG reached a consensus a work plan made up of four phases. • Phase I work, April 2022 — March 2004, was conducted by the Illinois State Water Survey and funded with a $158,200 grant from the Illinois Environmental Protection Agency. OOW i f . Water-Fox River Study Group Funding September 9, 2005 Page 2 • Phase II effort also began in April 2002 when the FRSG water quality monitoring program started collecting samples at seven sites along the Fox River. This program, an all-volunteer effort organized by the Fox River and Fox Metro water reclamation districts, was carefully designed to satisfy rigorous data quality requirements of the IEPA. This phase includes the development of a suite of computer models of the Fox River that will address both runoff and low flow conditions. The Illinois State Water Survey has been working on components of the model development since November 2003. The study group has supported the model development with local funds totaling $153,338 and with a $370,600 appropriation from Congress. The US Environmental Protection Agency has just approved the study group's proposal to use $368,000 from a second Congressional appropriation to complete work on this phase. • Phase III will involve ambient monitoring, intensive field data collection and computer model calibration. The fully calibrated model will be used to evaluate specific management alternatives to ensuring the quality of the Fox River. The Fox River Study Group will recommend that entities with the appropriate authority implement the projects which are identified as the most cost effective means to maintain and enhance the water quality. Initial monitoring under this phase will be funded with $532,000 in Congressional appropriations. The Illinois State Water Survey is currently working on the water quality monitoring plan. It is anticipated that an additional $450,000 in funding will be needed to complete this phase. This is scheduled to continue through August 2007. • Phase 4, the final phase of the work plan, will be the implementation and maintenance of the watershed model as a management tool. This will be an on-going phase of maintenance and updating the model for use to evaluate the impact of different management measures. The anticipated funding for the future is $100,000 per year. The project has expanded; taking on additional sampling sites and is now soliciting additional discharge information for developing the model. The Fox River Study Group has garnered federal funding to help cover costs and continues to solicit local matching funds by asking Fox River valley communities to budget 25¢ per capita into their yearly budgets to support the study. Towns which have contributed to the study in the past include Port Barrington, Lakemoor, Yorkville, Algonquin, Geneva, St. Charles, Batavia, Aurora and Elgin. Also included is the Yorkville-Bristol Sanitary District. The towns of Aurora and Elgin, which take their drinking water from the Fox River, are being asked to contribute 50¢ per capita. As of August 2005, $228,000 in local government, from the towns listed above, and private funds, from ConAgra Foods, The Conservation Foundation and Citizens for Corinne Wood, has been raised. Donations will be requested for subsequent work at the same dollar amounts. i Water-Fox River Study Group Funding September 9, 2005 Page 3 The City of Elgin has contributed in the past to this project and also participates as an in-kind contributor, donating the services of the water department's laboratory for testing of monthly samples collected at the 16 sites in the amount of$2500 annually. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None )V,� FINANCIAL IMPACT _The City of Elgin's share of the Phase III study will total $47,500. The budget for the Fox River Watershed Study, project number 339818, is as follows: Sewer Fund Account number 430-4202-772.30-03 $23,750 Water Fund Account number 401-4002-771.30-03 23,750 Total Funds Available $47,500 There are sufficient funds available to fund the study. LEGALIMPACT O)t,/None ALTERNATIVES 1. Approve the funding for the Fox River Study Group's Fox River Watershed Investigation. 2. Offer no financial assistance for the Fox River Study Group's Fox River Watershed Investigation. Respectfully submitted for Council consideration. KBJ