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Home My WebLink About00-32 Resolution No . 00-32 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH THE PIONEER MEMORIAL FOUNDATION (Pioneer Family Memorial Sculpture) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Grant Agreement on behalf of the City of Elgin with the Pioneer Memorial Foundation for a $17, 317 grant for the Pioneer Family Memorial Sculpture pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: February 9, 2000 Adopted: February 9, 2000 Omnibus Vote : Yeas 5 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN CULTURAL ARTS COMMISSION GRANT AGREEMENT This AGREEMENT is made and entered into this anti day of Jab.% r _, 2000 by and between he City of Elgin,Illinois,a municipal corporation, (hereinafter referred to as "C'i{y")and the Pi.oneer Memorial Foundation an Illinois non-profit corporation,(hereinafter referred to as "Grantee") agree as follows: I. The City of Elgin agrees to make a $17,317.00 grant to Grantee for the following program: Pioneer Family Memorial Sculpture The grant will be used towards efforts to have the Pioneer Family Memorial Sculpture cast and installed. 2. ALL monies granted for this program will be expended by GRANTEE between January,+999 and December 31,+5,9'. All monies awarded must be expended. �000 §11, 3. Grant monies will not be paid out more than 30 days prior to start of the program. No funds will be paid to GRANTEE until the City of Elgin has received the signed Grant Agreement. 4. GRANTEE agrees that all funds received for this program will be expended only for the program as described above. In the event GRANTEE changes the program without the prior consent of the City of Elgin or otherwise breaches any of the terms of this agreement, all grant funds shall be refunded to the City. 5. GRANTEE agrees the credit will be given to the City of Elgin and the Elgin Cultural Arts Commission on all public notices, publicity, printed programs, public media and other applicable materials. GRANTEE also agrees to supply the City of Elgin with copies of the above-mentioned publicity. 6. GRANTEE agrees to submit a Financial and Evaluation Report to the City of Elgin on forms provided; within thirty days after the termination of the program period. 7. GRANTEE agrees upon request to make available to the City of Elgin financial records for the year in which grant was received from that Council. The City of Elgin will be allowed access to financial documents that pertain to information stated in the previously approved application for funding. 8. GRANTEE agrees that no monies from this grant will be used for any purchase of permanent equipment, capital improvements or construction, or payment of previous year's deficit. 9. GRANTEE agrees that no person shall, on the grounds of race, color, religion, national origin, sex handicap, sexual preference, participation in, be denied benefits of, or be otherwise subjectedio discrimination under any activity including employment, supported in whole or in part by funks provided tinder this grant. 10. GRANTEE does hereby agree to indemnify, save harmless, and defend the City of Elgin, its agen s, servants and employees, and each of them against and hold it and them harmless from any and :II lawsuits, claims, demands, liabilities, losses, and expenses including, but not limited to, participa is and spectators, or any death at any time resulting form injury or any damage to participants and a ty spectators, or any death at any time resulting from injury or any damage to any property which mo y be alleged to have arisen out of, or in connection with, the program as described in Paragraph I 11. In the event GRANTEE breaches any of the material terms and conditions of this agreement, a y monies paid by City to GRANTEE shall be refunded within 30 days written notice. 12. GRANTEE agrees and understands that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners between the City and the GRANTEE,or as constituting the GRANTEE as a general representative or general agent of the C ty for any purpose whatsoever. Further, this agreement is not intended nor shall be deemed or construed to create an employment,joint venture, partnership,or other agency relationship betwe-n the parties hereto. 13. The parties intend and agree that, if any paragraph, subparagraph, phrase, clause or other provision of this agreement, or any portion thereof, shall be held to be void otherwise unenforceable, all otl er portions of this agreement shall remain in full force and effect. 14. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for she resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in 'he Circuit Court of Kane County, Illinois. 15. Payment of all funds from City to Grantee shall be made to the Pioneer Memorial Foundation of Illinois. Cit . lgin P'OWCer 1 (4.00torial Foywle:V:oN o31I' inois d A. BY .d..J Signature ae.4Q." A. Yorert Print Name Presidehi- & lit*A-or 10. GRANTEE does hereby agree to indemnify, save harmless, and defend the Cityof Elgin, its a ents, servants and employees, and each of them against and hold it and them harmless from any and II lawsuits,claims, demands, liabilities, losses,and expenses including, but not limited to, participa► is and spectators, or any death at any time resulting form injury or any damage to participants and a,y spectators, or any death at any time resulting from injury or any damage to any property which m y be alleged to have arisen out of, or in connection with,the program as described in Paragraph 11 1 l. In the event GRANTEE breaches any of the material terms and conditions of this agreement, any monies paid by City to GRANTEE shall be refunded within 30 days written notice, • 12. GRANTEE agrees and understands that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners between the City and the GRANTEE,or as constituting the GRANTEE as a general representative or general agent of the City for any purpose whatsoever. Further, this agreement is not intended nor shall be deemed or construed to create an employment,joint venture,partnership,or other agency relationship between the parties hereto. 13. The parties intend and agree that, if any paragraph, subparagraph, phrase, clause or other provision of this agreement,or any portion thereof, shall be held to be void otherwise unenforceable, all other portions of this agreement shall remain in full force and effect. 14. 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. 15. Payment of all funds from City to Grantee shall be made to the Pioneer Memorial Foundation of Illinois. City of.Elgin ?ioheel-Kim°Pi41 FOU klitIK oI1ihtis By - , A .ikri Signature , Sttoy, A. Youl trA Print Name Tres ILA- & 1)4e-C3-o r /4 1 0 F E4 — City of Elgin Agenda Item No. -,-, —* N'il,„\\$' January 12 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT : Cultural Arts Commission General Grant Recommendation PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the following general grant award as recommended by the Cultural Arts Commission. BACKGROUND The following project was approved by the Cultural Arts Commission at its December 13 , 1999 meeting. (0-.. 1 . Grantee : Pioneer Memorial Foundation Amount : $17, 317 Project : Pioneer Family Memorial Sculpture The grant will be used by the Pioneer Memorial Foundation toward efforts to have the Pioneer Family Memorial Sculpture cast and installed. The grant will be used as "seed" money for the project . The applicant feels that the City' s participation will encourage additional contributions . The projected budget to complete the project is $500 , 000 . The Foundation has adopted a marketing and fund-raising plan developed by area consultants, The St . Charles Group. The St . Charles Group has also been hired to implement the marketing plan. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Cultural Arts Commission and Grant applicant . yrktINANCIAL IMPACT ...4 Funds for the grant totaling $17, 317 are budgeted and available in the Cultural Arts Commission budget, account number 010-0902- 709 . 80-10 . Per the requirements of the grant program, the Pioneer Memorial Foundation will match the grant with an equal dollar amount . rft. . . rik Cultural Arts General Grant Recommendation January 12 , 1999 Page 2 wjet/ LEGAL IMPACT None . ALTERNATIVES 1 . Approve the recommendation to fund a grant to the Pioneer Memorial Foundation. 2 . Do not approve the arts programs and expenditures as presented. RECOMMENDATION The Elgin Cultural Arts Commission recommends funding a grant for Pioneer Memorial Foundation in the amount of $17, 317 . AO-- - .ectfully submivd, 4110f (2 ' 0 0 t.T ce - . Parker rm. City Manager od rft 1