18-50 Resolution No. 18-50
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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are 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: April 25, 2018
Adopted: April 25, 2018
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
GRANT AGREEMENT—FOX RIVER STUDY GROUP
THIS AGREEMENT is hereby made and entered into as of the 25 day of
April , 2018, by and between the City of Elgin, Illinois, ua municipal corporation
(hereinafter referred to as "City") and the Fox•River Study Group, an Illinois not-for-profit
corporation(hereinafter referred to as the"Organization').
WHEREAS,the 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 Illinois 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 that 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 thirty (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 Twenty-Five Thousand Dollars ($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 30,2018.
4. Organization Ghail 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, 2018; 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
31,2018,or this Agreement is terminated by the City due to a breach by the Organization
or pursuant to paragraph 5,the Organization shall refimd 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'scompensation 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 thisparagraph shall survive any termination
and/or expiration of this Agreement.
CITY OF ELGIN FOX RIVER STUDY GROUP
By �.!/_ /_ .. ,�� By _vgir4_a�1 1t.a�s�
' 'chard G.Kozal,City Manag
Name: i A !. , r (4'4'4
Attest:
Title: r
belly A. i ' : rty Clerk
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