R2022-179 Resolution Approving an Agreement Between the City of Decatur and Decatur Area Habitat for Humanity Regarding American Rescue Plan Funds

Home Browse Search

employees, directors, agents and servants in any way relating to or arising out of any allegations, claims or charges regarding the use of the ARP funds, including but not limited to the violation by the DAH4H of any of its covenants or agreements under this Agreement, any act or failure to act done in connection with the performance or operation of DAH4H's use of ARP funds, and any injury to any person, loss of life, or loss or destruction of property in any way arising out of or relating to the performance or operation of DAH4H programs or operations use of ARP funds. Section 15. Under this agreement, DAH4H shall act as an independent contractor of the City and shall not bind nor attempt to bind the City to any contract or agreement. As an independent contractor, DAH4H shall obtain building permits and inspections from the City, as needed, though the City may elect to waive some, or all of the fees associated with such. Section 16. The City shall not be obligated to provide the funds to the DAH4H until and unless DAH4H satisfactorily performs all of its obligations under this Agreement and as the ARP funds would necessitate. Section 17. All Notices shall be in writing and delivered in person,or by overnight delivery service with receipt, or deposited in the United States Mail, postage prepaid, by certified or registered mail, return receipt requested, to the address set forth below, or at such other place as a party may designate by written notice to all parties. A Notice shall be deemed given: (i) if personally delivered, on the date delivered; (ii) if by overnight delivery service, on the date delivered to the addressee; and(iii) if by mail,three (3) days after mailing. To City: City Manager City of Decatur #1 Gary K. Anderson Plaza Decatur, IL 62523 To DAH4H: Executive Director Decatur Area Habitat for Humanity 932 E. Wood St. Decatur, IL 2525-0832 Section 18. This Agreement will be binding upon and inure to the benefit of the parties, their permitted assigns, and successors. Section 19. Failure of either party to require strict compliance by the other party with any provision of this Agreement on one or more occasions will not constitute a waiver of the right to require strict compliance with the provision on any later occasion. Section 20. This Agreement will be governed by and construed in accordance with the laws of Illinois. Exclusive venue for all proceedings regarding this Agreement shall be Macon County, Illinois.