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Fiscal Sponsorship Agreement
<br /> City of Decatur and T/CCI Manufacturing
<br /> This fiscal sponsorship grant agreement ("Agreement") is made as of December 5, 2022 ("Effective Date") by
<br /> and between the City of Decatur, an Illinois Municipal Corporation ("Sponsor") and T/CCI Manufacturing
<br /> ("Grantee")for their work on capital improvements("Project").
<br /> The Agreement: The Sponsor is willing to serve as the grantee for the Illinois Department of Commerce &
<br /> Economic Opportunity Grant (DCEO) Opportunity HD230010($3 million) and SD230007($3 million) City of
<br /> Decatur,as described in the Scope of Work totaling$6 million dollars.
<br /> By entering into this Agreement,the parties agree to the following terms and conditions:
<br /> 1. The Sponsor agrees to receive grants funds from DCEO used for the Project,and to make those funds
<br /> available to Grantee for the Project.The project must act within the policies permitted by DCEO.
<br /> 2. The Sponsor will distribute funds to the Grantee once permitted following DCEO guidance and approval.
<br /> 3. The Grantee assumes responsibility for performance of the full scope of the Project, as described in a
<br /> Scope of Work submitted to the Sponsor and approved by DCEO.Grantee agrees to notify the Sponsor
<br /> of the intention to make any adjustments to the deliverables, objectives, budget, staff, or other
<br /> significant aspect of the approved scope of work in accordance with the needs of the Project. Grantee
<br /> must inform the Sponsor of the intended changes so that the Sponsor can seek written approval of
<br /> said changes from DCEO. If Grantee proceeds with adjustments or expenditures without DCEO
<br /> approval, Grantee shall be solely responsible for any unallowed expenditures.
<br /> 4. Grantee agrees that it is prepared to implement financial and evaluation protocols that will allow
<br /> Grantee to report on proposed measurable objectives to the Sponsor and DCEO.
<br /> S. Sponsor will not levy an administrative charge for the cost of processing these funds.
<br /> 6. Nothing in this Agreement shall constitute the naming of Grantee as an agent or legal representative of
<br /> Sponsor for any purpose whatsoever except as specifically and to the extent set forth herein. This
<br /> agreement shall not be deemed to create any relationship of agency, partnership, or joint venture
<br /> between the parties hereto, and Grantee shall make no such representation to anyone. No personnel
<br /> to be compensated for working on the Project shall be considered employees of the Sponsor or
<br /> subject to any of the rights or the benefits that apply to employees of the Sponsor.
<br /> 7. Grantee shall not use any portion of the funds granted herein to influence the outcome of any specific
<br /> election for candidates to public office, nor to carry on, directly or indirectly,any voter registration drive,
<br /> within the meaning of Internal Revenue Code section 4945(d)(2), as interpreted by regulations
<br /> thereunder, or to induce or encourage violations of law or public policy,to cause any private inurement
<br /> or improper private benefit to occur, nor to take any other action inconsistent with Section 501(c)(3)of
<br /> the Internal Revenue Code.
<br /> 8. Grantee shall notify Sponsor immediately of any change in (a) Grantee's legal or tax status,or (b)
<br /> Grantee's executive staff or key staff responsible for achieving the grant purposes.
<br /> 9. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to
<br /> defend,indemnify,and hold harmless Sponsor, its officers, directors,trustees, employees,and agents,
<br /> from and against any and all claims, liabilities, losses and expenses (including reasonable attorney's
<br /> fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission of
<br /> Grantee, its employees, or agents, in applying for or accepting the grant, in expending or applying
<br /> the funds furnished pursuant to the grant or in carrying out the program or project to be funded or
<br /> financed by the grant, except to the extent that such claims, liabilities, losses or expenses arise from
<br /> or in connection with any act or omission of Sponsor, its officers, directors, trustees employees or
<br /> agents.
<br /> 10. In the event that Grantee violates or fails to carry out any provision of this Agreement, Sponsor may,
<br /> in addition to any other legal remedies it has, demand the return of all or part of the unexpended
<br /> grant funds, which the Grantee shall immediately repay to Sponsor.
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