13-54 Resolution No. 13-54
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE
FOX RIVER STUDY GROUP FOR CONTINUED SUPPORT OF THE
FOX RIVER WATERSHED PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and is hereby authorized and
directed to execute a grant agreement with the Fox River Study Group for continued support of the
Fox River Watershed Project,a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 20, 2013
Adopted: March 20, 2013
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
GRANT AGREEMENT
THIS AGREEMENT is hereby made and entered into this 20th day of March, 2013 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 corporation (hereinafter referred to as "Organization").
WHEREAS, Organization is a diverse coalition of stakeholders, including municipal, sanitary
district, engineering and environmental representatives, 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 its investigation, assessment and monitoring of the Fox River watershed (hereinafter
referred to as the "Fox River Watershed Project").
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 $25,000 for continued support of the Fox River
Watershed Project. The Organization shall utilize such grant funds from the City solely and
only for costs associated with such Fox River Watershed Project.
3. The Organization shall provide the City with audited financial statements relative to the
organization's total operations. These statements shall be submitted before June 30, 2012.
4. Organization shall conduct good faith efforts to obtain additional funding from other sources
for its operations and report such efforts to City.
5. The term of this agreement shall commence upon the date of its execution and shall expire on
December 31, 2012; provided, however, that either party hereon may terminate this agreement
upon thirty (30) days written notice without penalty or liability except as provided for herein.
6. 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.
7. In the event the Organization discontinues its activities for any reason prior to December 31,
2012, or this agreement is terminated by the City due to a breach by the Organization or
pursuant to paragraph 5, 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.
8. 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.
9. 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.
10. This agreement shall not be construed so as to create a partnership, joint venture, agency or
employment relationship between the parties hereto.
11. 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 OF ELGIN FOX RIVER STUDY GROUP
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By �� By
Se R. Stegall, City M er
Attest:
Kimberly A. Dewis, City Clerk
FALegal Dept\Agreement\FoxRiverStudyGroup-2013-CJB 3-5-13.docx
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