HomeMy WebLinkAbout20-79 Resolution No. 20-79
RESOLUTION
AUTHORIZING CASH CONTRIBUTIONS FOR GRANTS TO THE ELGIN COVID
RESPONSE FUND AND THE DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN
DOWNTOWN COVID ADAPTATION GRANT FUND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, be and is hereby authorized and directed to enter into an
Agreement with the Elgin COVID Response Fund providing for a $50,000 cash contribution by
the City of Elgin for a grant to the Elgin COVID Response Fund, with the form of such an
Agreement to be approved by the Corporation Counsel.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF. ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to enter
into an Agreement with the Downtown Neighborhood Association of Elgin to provide for a
$10,000 cash contribution by the City of Elgin for a grant to the Downtown Neighborhood
Association of Elgin Downtown COVID Adaptation Grant Fund,with the form of such Agreement
to be approved by the Corporation Counsel.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 27, 2020
Adopted: May 27, 2020
Vote: Yeas: 8 Nays: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
GRANT AGREEMENT
his Grant Agreement (this "Agreement") is hereby made and. entered into this � d.ay
of ?14ee 2020, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafteVreferred 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 crowdfundin:g 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:
1. 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 COVI.D grant program. described herein. This agreement is separate, distinct
and unrelated. to aprofessional services agreement between DNA and the City which is active until
the end of July 2020 and which is not apart 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 websi.tes; virtual programming capability; e-commerce
platforms; CRM platforms with integrated marketing; customer engagement and ati.toma.tion;
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 ;aslisted at www.downtownel iil;_i com&gntactwdrial 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
hhtpt s�1/airt�bl; caiislirk& i.kWX_ .I Kf L1,,j. All notices shall be provided to Jennifer Fukala, 31
S. Grove Ave,, Suite 100, Elgin, It 60120; info a downtoivnel,gin.eom.
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. rnail
to Jennifer Fukal.a, 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 rn.odification 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
I
nd 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 inachine or e=rnail 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 bindinglegal 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 NE:IGIIBORHOOD
ASSOCIATION OF ELGIN CITY O ELGIN
Prit t , me Richard G. Kozal, City Ivlanad'er
Attest:
Si a -e
E IN' t o1rcr.AV/1 . -
Title City Clerk
FALegul: DeptAgreement\nNA CovidAdapation Grant Fund -Grant Agr-6-2-20.docx
19
COMMUNITY FOUNDATION
OF THE FOX RIVER VALLEY
l t t west Downer Place, Suite 312 + Aurora, III Inots 60506
127 South First Street, Suite 215 . Geneva, Illinois 60134
www.CommunityFoundationFRV,org . 630.896.780D
MEMORANDUM OF UNDERSTANDING
Elgin Response Fundf
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this` day of
2020 by and between the Community Foundation of the Fox River Valley ("Foundation") and
the Ci of Elgin, Illinois (the "City").
WHEREAS, the Foundation is an established, independent, not -for -profit corporation with its own
Board of Trustees, based in Aurora, Illinois, and organized exclusively for charitable purposes as provided
for under Section 501(c)(3) of the Internal Revenue Code; and
WHEREAS, the city of Elgin is an Illinois municipal corporation subject to Section 170(b)(1)(A)(v) of
the Internal Revenue Code and is governed by its city council; and
WHEREAS, the City has determined that it wishes to cooperate with and assist the Foundation to
create an Elgin Response Fund in order to support nonprofit agencies during the COVID-19 crisis; and
WHEREAS, the City has agreed to contribute financial resources to the Elgin Response Fund; and
WHEREAS, the City desires to enter into this MOU to establish certain parameters and working
arrangements which are necessary to successfully implement and manage the Elgin Response Fund; and
WHEREAS, the parties acknowledge that no contractual relationship is created between them by this
MOU, but agree to work together in the true spirit of collaboration to ensure that there is united, visible, and
responsive leadership for the Elgin Response Fund, and to demonstrate financial, administrative, and managerial
commitment to it.
NOW, THEREFORE, pursuant to the aforementioned objectives, the parties hereby hereto agree as
follows:
1. Foundation Role and Resuonsibilities:
a. The Foundation shall create an Elgin Response Fund;
b. The Foundation shall create a profile page on its website for the Elgin Response Fund and provide a
link for donations to be able to be received;
C. The Foundation shall participate in identifying, qualifying, soliciting and facilitating charitable
gifts for the Elgin Response Fund from current and prospective donors;
d. The Foundation shall facilitate, manage and administer the Elgin Response Fund and receive,
deposit, manage, administer and provide acknowledgment for all charitable contributions
made in support of it and all grants distributed from the Elgin Response Fund;
e. The Foundation shall create a grant application, agreed upon by the Advisory Committee, that
will be housed on the Community Foundation's grants portal for which nonprofit agencies can
request support from the Elgin Response Fund;
f The Foundation shall communicate with grantees throughout the grant process, including but not
limited to communications regarding the receipt of applications, requests for additional information,
approval and denial of grant requests, etc.;
g. The Foundation shall create reports, agreed upon by the Advisory Committee, from the grants portal
that will be distributed to the Advisory Committee on an agreed upon basis; and
h. The Foundation shall act as a participant on the Advisory Committee that shall decide the approval or
denial of requests for support from the Elgin Response Fund.
2. Funders Roles and Responsibilities:
a. The City shall be given the opportunity to appoint a representative to serve as the primary
point of contact between it, the Foundation and Advisory Committee regarding the Elgin
Response Fund;
b. The parties hereto shall use their best efforts to maintain and protect the confidentiality of current and
prospective donors to the Elgin Response Fund to the fullest extent permitted by law; and
c. The Elgin Response Fund shall be placed in the Consolidated Fund at the Foundation. There will be no
administrative fees assessed to this fund. Any potential earnings of the fund will be retained by the
Foundation to support its operations.
L Any and all contributions to the Elgin Response Fund are irrevocable. The funds shall be
the property of the Foundation held by it in its corporate capacity.
ii. The Foundation has the authority to vary the terms of any gift given to a Fund as stated in
Section VIE of the Foundation's Bylaws. The Foundation adheres to Treasury Regulation
1.170A-9(t)(1)(v)(13)(I), commonly known as Variance Power. This allows the Foundation
to "modify any restriction or condition on the distribution of funds for any specified charitable
purpose or to any specified organization if in the sole judgment of the governing body
(without the necessity of the approval of any participating trustee, custodian, or agent), such
restriction or condition becomes, in effect, unnecessary, incapable of fulfillment, or
inconsistent with the charitable needs of the community or area served."
3. Advisory Committee Roles and Res onsibilities:
a. There shall be created an Advisory Committee ("Advisory Committee") which shall be comprised of
the Foundation and funding entities;
b. Advisory Committee members shall provide for and agree upon appropriate procedural matters such as
meeting dates and times, etc.; and
c. All grant recommendations from the Advisory Committee shall be agreed upon by a simple majority
of the Advisory Committee members.
i. Each grant distribution shall be a minimum of S500.00.
ii. No distribution shall be used to satisfy any charitable pledge made by the Foundation or any of
the funding entities individually.
iii, All distributions shall be for charitable purposes and consistent with the tax-exempt purposes
of the Foundation and for such purposes as are described herein.
iv. Should the charitable purposes of the Elgin Response Fund become unnecessary, incapable of
fulfillment or inconsistent with the charitable needs of the community, the Advisory
Committee shall determine upon a vote which agencies and programs shall receive
remaining funds.
4. Miscellaneous
a. Whenever the concurrence or approval of the funding entities and the Foundation is required, such
concurrence or approval by the City or the Foundation shall not be unreasonably withheld, conditioned
or delayed by either party, and both parties agree to cooperate with each other to accomplish the terms
and conditions of this MOU.
b. Nothing contained in this MOU shall be construed so as to construe the Foundation as an agent,
representative or employee of the City; nor shall anything contained in this MOU be construed in any
manner to create any relationship between the City and the Foundation other than what is expressly
specified herein.
5. Purposes for Which Elgin Covid Response Fund Money ("ECRF") can be Used
Covid Response Fund Grants shall only be used by non -profits. Such grant funds shall only be used for the purpose
of providing direct financial assistance to individuals and families facing urgent, financial need as a result of the
Covid pandemic.
a. Grant amounts of $500-$7,500 are restricted specifically for the purpose of providing direct financial
assistance to individuals and families facing urgent financial need as a result of the COVID-19
pandemic;
b. 501(e)(3) non-profit organizations may apply for the ECRF grant in order to administer the funds to
individuals and families in need;
c. Grants from the ECRF shall not be used to pay for operational costs; to fund endowments, contingency
funds, reserves, interest or taxes; for sectarian or religious purposes or for organizations operated
primarily for the benefit of their own membership; for the payment of individuals, private foundations,
political organizations or campaigns; to purchase benefit tickets, respond to telephone solicitations, or
national fund-raising efforts; and for any purpose that discriminates as to race, creed, sex or ethnic
group;
d. Applicants shall submit evidence of 501(c)(3) tax status; and
e. Grants shall be one-time awards.
G. Elieibility Criteria
In order to be eligible, organizations shall be located in the greater Elgin area and have a demonstrated history of
serving residents of the city of Elgin. Organizations and agencies who have not served Elgin in the past are
ineligible for ECRF. The ECRF shall prioritize those agencies applying to serve Elgin residents who arc ineligible
to receive benefitslassistance and those from vulnerable or disproportionately impacted communities.
7. Application Procedures
Non-profit organizations wishing to submit a grant application must submit a brief online application
through the online grants portal of the Community Foundation of the Fox River Valley.
a. A steering committee consisting of a mpiesentttti►e of each of the Iunding entities that initiated the
fund shall decide on the approval or denial of all request%,
b, The Community. i oundation of the Fox River Valley shall represent the decisions of the Advisory
Committee and respond accordingly to all nun -profit agencies' requests for funding via the online
portal.
c. If an agency is approved for tending, funding shall be made mailable rmmedtately upon receipt ol'a
digitally signed grant agreement outlining the para[neters. of the grant award: and
& A brief final report on all funded projects shall be required within one year of the grant award. Other
reports on project status and/or accomplishments may be rccluested by the Community Foundation of
the Fox River Valley at a later date.
H. Notices
:Ill notices shall be directed to Julie Chrisunan, president & CEO, Community Foundation of the Fox River Valley
Aurora: l I I West Downer Place, Suite 312, Aurora, IL 60506
Geneva: 127 South First Street, Suite 215, C,cneva. 1L 60134
P: 630-896-7800 I C: 314-7754577 ! D: 331-208-9428 I r: 331-209-94301 E: ichrisuwnf«c1Tr%-org
This MOU sets forth the entire understanding between the parties hereto as of the date of its full execution
by all parties. This MOU shall not be amended or modified except in wrtting and signed by the authorized
reprewntati► efsf of all parties.
IN WITNESS WHEREOF. the panics have execut,d this MOU the day and year first u'rnteitabu►e.
1�
�anzc. Title 1�,��,
Community Foundation of the Fox River Valley
Jultc Christman. President & CCU Date
F: t.cgal Ikpt Agreement Mcmo of Undcrslanding-I'lgai Response �unJ G-2-?L1.Clran.dm