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98-250Resolution No. 98 -250 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH DAVID POWERS (Raise the Flag 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 David Powers for a $10,000 grant pursuant to the Cultural Arts Commission Arts and Culture Grants Program for design services for a "Raise the Flag" sculpture, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 14, 1998 Adopted: October 14, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: S1 Dolonna Mecum Dolonna Mecum, City Clerk CITY OF ELGIN CULTURAL ARTS COMMISSION ARTS AND CULTURE GRANTS PROGRAM GRANT AGREEMENT Thisj4GREEMENT is made and entered into this a iday of by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City ") and the David Powers (hereinafter referred to as "trantee ") agree as follows: 1. The City of Elgin agrees to make a $ 10,000 grant for David Powers acting as fiscal agent, for the following program: Design services for "Raise the Flag" sculpture ........ $ 10 O no 2. All monies granted for this program will be expended by GRANTEE between January 1, 1998 and December 31, 1998. All monies awarded must be expended. 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; all grant funds shall be refunded to that 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 two weeks 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 a grant was received from that Council. The City of Elgin will be allowed to 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 con- struction, 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 subjected to discrimination under any activity including employment, support- ed in whole or in part by funds provided under this grant. 10. GRANTEE does hereby agree agree to indemnify, save harmless, and defend the City of Elgin, its agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses, and expenses including, but not limited to, participants and spectators, or any death at any time resulting from injury or any damage to any specta- tors, or any death at any time resulting from injury or any damage to any property which may arise or which may be alleged to have arisen out of, or in connection with, the program as described in Paragraph 1 and referred to in Paragraph 8. 11. 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. City of Elgin By Sign-alfure Print Name