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HomeMy WebLinkAboutRESOLUTIONS-1991-066-R-91V 8/ 5/ 91 66-R-91 A RESOLUTION n A Resolution Authorizing the Submission of and Application to the Office of Lt. Governor Kustra for Grant Funding Available Through the Illinois Clean and Beautiful Program WHEREAS: The City Council of the City of Evanston pursuant to Resolution 41-R-86 authorized the City's participation in the Illinois Clean and Beautiful Program to be administered through Keep Evanston Beautiful, Inc.; and WHEREAS: At the recommendation of Keep Evanston Beautiful, the City of Evanston will apply to the Office of Lt. Governor Robert Kustra for grant funding available through the "Illinois Clean and Beautiful Program" ("Program"), and • WHEREAS: In furtherance of said participation, it is necessary that an application be submitted by the City of Evanston on behalf of Keep Evanston Beautiful and that certain agreements be entered into with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EVANSTON, ILLINOIS THAT: SECTION 1: The City of Evanston shall apply for a $7,500 (seven thousand and five hundred dollars) grant through the Program under the terms and conditions of the State of Illinois and shall enter into and agree to the understandings and assurances governing the receipt and utilization of the aforesaid grant funds. 1 9 66-R-91 A • SECTION 2: The Mayor and City Clerk, on behalf of the City, shall be empowered to execute such documents and all other agreements as may be considered necessary for carrying -out the stated activities outlined within said application. SECTION 3: The Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of a grant offer. SECTION 4: The City of Evanston shall, and does, hereby commit the sum of $5,000 (five thousand dollars) in local funds contingent on approval of the 1992-3 budget as identified in said grant application to be used along with grant funds in the amount of $7,500 (seven thousand and five • hundred dollars) to implement the Illinois Clean and Beautiful Program. Mayor Attest:. City Clerk Adopted: ,GG �� , 19 91 40 2 V The Agreement made on August 12, 1991 between the City of Evanston and Keep .Evanston Beautiful, Inc., regarding the administration of a Clean and Beautiful program under section 46.53 of the Civil Administrative Code, Ill. Rev. Stat. ch. 127, para. 46.53 as amended. 1. The City of Evanston shall provide to Keep Evanston Beautiful, Inc. (K.E.B.) the sum of $7,500.00, consisting of a Clean and Beautiful Program Grant from the State of Illinois in the amount of $7,500.00 in accordance with the terms and conditions of the grant as set forth in the Grant Document, the form of which is attached hereto and by this reference specifically incorporated herein, and in accordance with any subsequent provisions, requirements and assurances promulgated by the State of Illinois that may now or hereafter apply to said grant. 2. The City of Evanston shall be obligated to provide said grant funds to KE.B. only on the condition that said funds shall be available from the Lieutenant Governor. The non - availability of such grant funds shall cause this agreement to be terminated at the option of either party hereto or the Lieutenant Governor of the State of Illinois. Should the City of Evanston receive less that the full amount anticipated in the Grant Document, and if neither the Lieutenant Governor nor either party exercises his/its option to terminate this Agreement within 14 days of being notified of the non - availability of funds, K.E.B. shall receive an amount under this Agreement which is reduced in proportion to the reduction in funds available to the City of Evanston under the Grant Document. 3. K.E.B. shall adhere to all the provisions, requirements and assurances set forth in the Grant Document. Further, K.E.B. shall comply with any existing or subsequently enacted provisions or requirements promulgated by the Lieutenant Governor and applicable to the grant. Failure shall cause this Agreement to be terminated at the discretion of the Lieutenant Governor. 4. K.E.B., its officers, agents, employees and assigns agree to hold the City of Evanston and the State of Illinois harmless from any and all liability, claims, damages and litigation arising from its operations and activities under the terms of this Agreement. 5. This Agreement shall be binding upon K.E.B. and its assigns, except that K.E.B. may not assign or transfer its rights without the prior written consent of the City of Evanston and the Lieutenant Governor. This Agreement shall inure to the benefit of the City of Evanston, its successors and assigns. 6. All federal and state laws in effect during the term of this Agreement, insofar as they are applicable, regardless of the date of enactment, shall be considered to be amendments hereto and as much a part of this Agreement as if fully set forth herein without any further action by the parties. 9 I fi ' 7. This Agreement shall be governed by the laws of the State of Illinois. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 8. Except as provided in paragraph 6 above, the terms and conditions of this Agreement may only be amended by written agreement of both parties with the prior written consent of the Lieutenant Governor. 9. It is agreed between the parties in this Agreement, with attachments and as written, is the full and complete agreement between the parties and that there are no oral agreements or understandings between the parties other than that which has been reduced to writing herein. 10. The City of Evanston represents that all information contained in the application for Clean and Beautiful Program Grant, as stated by the City of Evanston and submitted of the Statewide Clean and Beautiful Coordinator is correct and accurate. The parties hereto agree that any material misstatement may be considered a breach of the Grant Document, and may result in the voiding of this Agreement and/or the Grant Document at the discretion of the Lieutenant Governor. By: J • President of the Board KE.B., Inc. Snic Anderson- City Manager Attest: Secretary/Treasurer City Clerk •