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HomeMy WebLinkAbout20-0717 DNA ao-0-4-Ft- 3)N GRANT AGREEMENT This Grant Agreement (this "Agreement") is hereby made and entered into this I day of , 2020, by and between the City of Elgin, Illinois, a municipal corporation (hereinaft referred to as the"City")and The Downtown Neighborhood Association of Elgin,an Illinois not-for-profit corporation(hereinafter referred to as"DNA"). WHEREAS, the DNA launched a crowdfunding effort called Neighbors Helping Neighbors with the goal of launching the Downtown Covid Adaptation Grant Fund;and WHEREAS, the DNA's Downtown Covid Adaptation Grant Fund is intended to assist downtown businesses with small purchases necessary to begin operating during the remaining phases of the governor's Restore Illinois plan; and WHEREAS, the DNA's Downtown Covid Adaptation Grant Fund provides the City with an opportunity to begin assisting a segment of its small business population; and NOW, THEREFORE, pursuant to the aforementioned objectives, and for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties hereto hereby agree as follows: I. The City shall contribute a total of$10,000 ("Funds") to the DNA's Downtown Covid Adaptation Grant Fund. 2. The Funds shall be used to award grants as part of the downtown Elgin small business COVID Adaptation Grant Fund, and the Funds shall be used for grants pursuant to this agreement and the COVID grant program described herein. This agreement is separate, distinct and unrelated to a professional services agreement between DNA and the City which is active until the end of July 2020 and which is not a part of this agreement. 3. The DNA shall award downtown businesses or organizations funding up to$1,500 to allow for necessary technology and/or safety upgrades or other Covid related upgrades. Such awards shall be used for new or upgraded websites; virtual programming capability; e-commercc platforms; CRM platforms with integrated marketing; customer engagement and automation; software upgrades to enable pre-order and timed reservations; delivery service implementation; and safety equipment and fixtures (such as plexiglass barriers, hand washing stations, protective masks, signage, etc.). 4. Businesses who own or lease a physical commercial location within the geographic boundaries of Downtown Elgin as listed at www.downtownelgin.com/contact-dna/and which also have a valid occupancy license and have been in regular operation since January 1, 2020 are eligible to receive an award. Ineligible businesses include property management companies, residential based businesses and multi-level marketing businesses. 5. The DNA Fundraising Committee shall review applications and make recommendations to the DNA board for final approval. The link to the application is https://airtable.com/shr68slkWKKKKCIUS. All notices shall be provided to Jennifer Fukala, 31 S. Grove Ave., Suite 100, Elgin, IL 60120; info u,downtownclgin.com. 6. The DNA shall provide an accounting of the Funds to the City no later than December 31, 2020 and no earlier than December 1, 2020. 7. This agreement is 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 arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. DNA hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights,the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof;and DNA agrees that service by first class U.S. mail to Jennifer Fukala,31 S.Grove Avenue,Suite 100,Street,Elgin,IL 60120 shall constitute effective service. Both parties hereto waive any rights to a jury. 8. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 9. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements,either verbal,written or implied between the parties hereto. The Fund use restrictions and accounting provisions of this agreement are of the essence of this agreement. 10. This agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. DOWNTOWN NEIGI II3ORlIOOD ASSOCIATION OF ELGIN CITY 0'ELGIN Jeff l FCC ry __ `0%. Pri me Richard G. Kozal,City Manager aAttest: Si a re nn CCvlvL UW_Gtor Title City Clerk F:\t.egal Dcpt\Agrcement\DNA Covid Adapation Grant Fund-Grant Agr-6-2-20.docx 2