HomeMy WebLinkAbout01-221 Resolution No. 01-221
RESOLUTION
AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION
GRANT AGREEMENT WITH THE ELGIN CHORAL UNION
(High School Choral Festival)
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 Elgin Choral Union for a $4 , 000 grant
for a high school choral festival 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: August 8, 2001
Adopted: August 8 , 2001
Omnibus Vote : Yeas : 4 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CITY OF ELGIN
CULTURAL ARTS COMMISSION
GRANT AGREEMENT
THIS AGREEMENT is hereby made and entered into this I qTI -day of A-iJC3, 2001
by and between the City of Elgin, Illinois, a municipal corporation(hereinafter referred to as
"City") and Elgin Choral Union, an Illinois not-for-profit corporation
WHEREAS, City has determined it to be in the best interests of the citizens of City and
beneficial to the general public welfare to provide for the enhancement of the cultural environment
of City;
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. City shall make a$4,000 grant to Grantee for the following program:
high school choral festival
(hereinafter referred to as"Program"). Program shall consist of high school choral festival
involving singers and choral directors of four high schools in District U-46 and four private
high schools in Elgin, to take place October 19, 2001.
2. All monies granted for this Program shall be expended by Grantee between Jan. 1,2001 and
Dec. 31, 2001 .All monies awarded pursuant to this agreement shall be expended in
accordance with the terms and provisions of this agreement.
3. Grant monies shall not be paid out more than thirty (30) days prior to start of Program.
Grantee shall not be entitled to any payment prior to the execution of this agreement by both
parties hereto and upon authorization of City's City Council.
4. Grantee shall expend funds only for Program as described herein. In the event Grantee
changes Program without the prior consent of City or otherwise breaches any of the terms
of this agreement, all grant funds shall be'refunded to City upon thirty (30) days written
demand.
5. Grantee shall acknowledge the City and the Elgin Cultural Arts Commission on all public
notices,publicity,printed programs,public media and other applicable materials. Grantee
shall supply City with copies of the above-mentioned publicity.
6. Grantee shall submit a financial and evaluation report to City on forms provided or approved
by City within ninety(90) days after the termination of Program.
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7. Grantee shall upon request make available to City financial records for the year in which
grant was received from City pursuant to this agreement. City shall be allowed access to
financial documents that pertain to this agreement.
8. No monies from this grant shall be used for any purchase of permanent equipment, capital
improvements or construction, or payment of any previous year's deficit.
9. No person shall,on the grounds of race,color,religion,national origin, sex,or handicap,be
denied participation in, benefits of, or be otherwise subjected to discrimination under any
activity including employment, supported in whole or in part by funds provided under this
grant.
10. Grantee shall indemnify, defend and hold harmless,the City,its agents,employees,boards
and commissions and officers from and against any and all suits, causes of action, claims
for damages and any and all other liability of whatsoever nature, including,but not limited
to attorney's fees, arising out of, or in connection with, Grantee's negligent or reckless
performance of the terms of this agreement. Nothing herein affects Grantee's duty to defend
City. In the event of any action against City, its officers, employees, assigns, or boards or
commissions covered by the aforementioned duty to indemnify and defend,such action shall
be defended by counsel of City's choosing.
11. In the event Grantee breaches any of the terms and conditions of this agreement,any money
paid by City to grantee shall be refunded within thirty(30)days written notice. Such refund
shall not limit or constitute a waiver of any other remedies or rights to which City may be
entitled by law.
12. 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 terms and provisions of this agreement shall be severable. In the event any of the terms
or provisions of this agreement are deemed to be void or otherwise unenforceable for any
reason, the remainder of this agreement shall remain in full force and effect.
14. Time is of the essence of this agreement.
15. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue
for the resolution of any disputes and the enforcement of any rights arising out of or in
connection with this agreement shall be in the Circuit Court of Kane County, Illinois.
16. Payment of all funds from City to Grantee shall be made to Elgin Choral Union,
Spartan Drive, Elgin, IL 60123
CITY OF ELGIN
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