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HomeMy WebLinkAbout99-202 Resolution No. 99-202 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE ELGIN FEST COMMITTEE, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Cost Sharing Agreement on behalf of the City of Elgin with the Elgin Fest Committee, Inc . for a festival to be held on August 27 through 29, 1999, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 28 , 1999 Adopted: July 28 , 1999 Omnibus Vote : Yeas 5 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk .SPECIAL EVENT COST SHARING AGREEMENT THIS AGREEMENT made and entered into this ,& day of July, 1999, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and ELGIN FEST COMMITTEE, INC. , an Illinois not-for-profit corporation (hereinafter referred to as "Elgin Fest" ) . WITNESSETH WHEREAS, Elgin Fest is an Illinois not-for-profit corporation located in Elgin, Kane County, Illinois; and WHEREAS, Elgin Fest has proposed a special event in the form of a festival for August 27, 28 and 29, 1999, to be conducted on Grove Avenue between Chicago Street and Spring Street, DuPage Court, the former NBD parking lot, and the city lot next to the Crocker Theater (hereinafter referred to as the "Subject Special Event" ) ; and WHEREAS, Elgin Municipal Code Section 13 . 25 . 020A requires special events to be sponsored and conducted by not-for-profit corporations or associations , or by public bodies; and WHEREAS, Elgin Fest has requested that the City share the cost of the Subject Special Event ; and WHEREAS, the City has determined that the Subject Special Event will attract additional interest in the center city area and will assist in promoting further redevelopment of the center city area; and WHEREAS, the City Council has further determined that it is in the best interests of the City to share in the costs of the Subject Special Event with Elgin Fest in accordance with the terms and conditions of this cost sharing agreement; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII Section 6a of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may. exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the cost sharing of the Subject Special Event and promoting the further interest in redevelopment of the City' s center city area pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable .consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 . That the City and Elgin Fest hereby agree to share the cost of the proposed Elgin Fest on August 27, 28 and 29, 1999 . The Subject Special Event will be located on Grove Avenue between Chicago Street and Spring Street, DuPage Court, the former NBD parking lot, and the city lot next to the 2 Crocker Theater and shall be conducted between the hours of 5 : 00 p.m. and 11 : 00 p.m. on August 27, 10 : 00 a.m. and 11 : 00 p.m. on August 28, 1999 and 10 : 00 a.m. and 5 : 00 p.m. on August 29, 1999 . "The City' s cost of providing 50% of the security personnel and 100% of the paramedic services for the two-day event are estimated at $3 , 100 , depending on regular or overtime status of assigned personnel . The City' s only costs for the subject special event shall be the costs of providing fifty percent (50%) of the security personnel and one hundred percent (100%) of the paramedic services for the subject special event it being agreed and understood that Elgin Fest shall be responsible and pay all other costs associated with the subject special event . " 3 . That Elgin Fest shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13 . 25 . Notwithstanding the City' s cost sharing of the Subject Special Event, the parties hereto understand and agree that Elgin Fest shall be solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13 . 25 entitled "Special Events in Public Places" . Additionally, notwithstanding the City' s cost sharing of the Subject Special Event, Elgin Fest agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 . 25 . 090, that Elgin Fest shall be strictly liable for the acts of its agents, volunteers, 3 officers and employees and that Elgin Fest to the fullest extent permitted by law shall indemnify and hold harmless the City, its officers, agents and employees from any claims, suits or liability whatsoever including, but not limited to, any court costs or reasonable attorney' s fees arising out of or in any way connected with the Subject Special Event or any acts or omissions of Elgin Fest, its agents, volunteers, officers or employees . Elgin Fest shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13 . 25 . 070 naming the City as a primary, non-contributory coinsured with limits of not less than $500, 000 per occurrence and excess coverage of not less than $5, 000, 000 covering general liability including personal injury and property damage . 4 . That in consideration of Elgin Fest being solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event as provided herein, the parties understand and agree that Elgin Fest shall be entitled to retain any income received from the subject special event . 5 . That in conjunction with the special event permit application Elgin Fest shall- submit to the City a security plan to be approved by the Chief of Police with an acknowledgement that any changes to the security plan must be submitted to the Chief of Police in writing five (5) business days before the event . Such security plan shall include a system of badges, plastic bracelets or other such approved 4 device so as to identify persons 21 years of age or older authorized to purchase and consume alcohol . The parties hereto shall each provide for the payment of fifty percent (50%) of the cost as determined by the City of the direct and reasonable costs incurred by the City to provide additional police, public works and paramedic services for the special event, provided, however, Elgin Fest ' s share of such costs shall not exceed $2 , 500 . Elgin Fest shall provide such fifty percent (50%) payment to City within thirty (30) days of written demand for payment by City. Such estimated cost shall be determined in the sole discretion of the City. The number of police officers and the duration of the special police detail for the special event shall be determined by the Chief of Police . Such security plan shall also include Elgin Fest providing at its sole cost between 8 and 15 additional private security staff at the subject special event during the hours of 5 : 00 p.m. to 11 : 00 p.m. on Friday, August 27, and 10 : 00 a.m. -to 11 : 00 p.m. on Saturday, August 28, and 10 : 00 a .m. to 5 : 00 p.m. on Sunday, August 29, 1999 . 6 . That JB ' s of Elgin as part of Elgin Fest at its sole cost shall apply for and obtain a Class I liquor license . JB ' s of Elgin as part of Elgin Fest shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales . JB ' s of Elgin as part of Elgin Fest shall also provide, without cost to the City, the dram shop insurance required pursuant to Elgin Municipal Code Section 13 . 25 . 080 naming the City as a 5 co-insured with limits of not less than $1, 000, 000 with such proof of insurance stating that it shall not be terminated or suspended without at least thirty (30) days prior written notice to the City. 7 . That Elgin Fest at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event . Any entertainment and use of amplifiers shall be in compliance with all applicable regulations . 8 . That Elgin Fest at its sole cost shall be responsible for providing all toilets and other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 9 . That nothing contained in this agreement shall be construed to relieve Elgin Fest, its officers, agents or employees, as well as any other participants in the Subject Special Event from complying with all applicable laws and regulations of the City, State and the United States, including but not limited to obtaining any other permits or approvals as required by law. 10 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above . 6 CITY OF ELGIN ELGIN FEST COMMITTEE, INC. . B Y y By Ed Schock, Mayor Its Attest : Attest : City Clerk -- i Agenda Item No. - -� City of Elgin July 8 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Special Event Agreement with the Elgin Fest Committee , PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a cost sharing agreement with the Elgin Fest Committee, Inc . for Elgin Fest 199 . This agreement is simi- lar to the 1998 agreement with the exception of an extended day for the event and the change in the liquor vendor. BACKGROUND Representatives from the Elgin Fest Committee, Inc . have • submitted a City of Elgin Special Event Application to hold Elgin Fest 199 downtown on August 27, 28, and 29, 1999 . The Elgin Fest Committee, Inc. is comprised of Elgin residents and business owners (member list attached) . Elgin Fest will celebrate the rich diversity of Elgin by offering events and activities designed to showcase the downtown area and to raise funds for local youth groups. An event budget is attached'. Distribution of $4 , 849 . 99 went to the following non-for-profit groups : Aunt Martha ' s Youth Service Center, Inc . , Jayne Shover Easter Seal Rehabilitation Center, Inc . , Mother Goose Child Development Center, Well Child Center, The Larkin Center and Boys and Girls Club of Elgin. $10, 371 . 92 was retained for future event costs . Staff from Parks and .Recreation, Police and Fire have met with the committee to review the event -logistics and budget . Events are planned to take place on Grove Avenue (between Chicago Street and Spring Street) , DuPage Court, former NBD parking lot and the public city parking lot next to the Crocker Theatre . The festival will consist of music, poetry readings, bingo, food and beverages including beer and wine, a carnival, a rock climbing wall, arts and_ crafts show, and face painting. The festival hours will be Friday, August 27 from 5 : 00 p.m. - 11 : 00 p.m. , Saturday, August 28 from 10 : 00 a.m. - 11 : 00 p.m. and Sunday, August 29 from 10 : 00 a.m. - • 5 : 00 p.m. Special Event Agreement with the Elgin Fest Committee June 22 , 1999 2 The following are the main elements of the cost sharing agreement between the City and the Elgin Fest Committee, Inc . 1 . Elgin Fest Committee, Inc . and the City shall share the costs to provide police for event security. Security will need to be provided during event hours : August 27 , 5-11 p.m. , August 28 , 11 : 00 a.m. -11 P.M. and August 29 from 10 : 00 a.m. -5 : 00 p.m. The cost for the police service will be shared 50/50 with the total for Elgin Fest Committee, Inc . not to exceed $2, 500 . Any additional security costs above the estimated $5, 000 will be the City' s responsibility. 2 . The City will provide a paramedic for the event . A paramedic will need to be provided during the event hours : August 27, 5 p.m. -11 p.m. , August 28, 10 : 00 a.m. - 11 : 00 p.m. , and August 29, 10 : 00 a.m. - 5 : 00 p.m. The cost associated to the City to provide the paramedic service will be $600 . 3 . The Parks and Recreation Department will provide barricades to the Elgin Fest Committee, Inc . _for use during this event at no cost to the Elgin Fest Committee . 4 . The Elgin Fest Committee, Inc . will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $5, 000, 000 covering general liability, including personal injury and property damage . A liquor license and Dram Shop insurance will be provided by JB ' s of Elgin naming. the City as an additional insured with limits of not less than $1, 000, 000 . Additional pending permits and permission will be required as follows Parking: Former NBD lot (Promac & Pancor, permission to close lots for carnival from Wednesday, August 25 thru Sunday, August 29) . Status : Approval letter has been received from Pancor and the Chamber of Commerce . Insurance : Dram Shop Insurance and General Liability Insurance . Status : Waiting for Certificate of Insurance . Liquor License : Class I Special Event Liquor License must be obtained by the Elgin Fest Committee, Inc . and JB ' s of Elgin. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED iElgin Fest Committee, Inc . , Pancor, Promac, Bookers Backyard, and Elgin Chamber of Commerce . Special Event Agreement with the Elgin Fest Committee June 22 , 1999 3 FINANCIAL IMPACT The City' s cost of providing 5096 of the security personnel and 100 % of the paramedic services for the two-day event are estimated at $3 , 100, depending on regular or overtime status of assigned personnel . Sufficient funding is available for these personnel in the 1999 Police Department budget , account number 010-2308-731 . 01-02 ($2, 500) , and the Fire Department budget, account number 010-2804-735 . 01-02 ($600) . LEGAL IMPACT one . ALTERNATIVES 1 . To share 50-06 of the event 'security costs with the Elgin Fest Committee and provide 1000 of the paramedic personnel costs to total $3 , 100 . 2 . No financial participation by the City with The Elgin Fest Committee, Inc . assuming 1000 of the event costs . RECOMMENDATION • It is recommended the Mayor and members of the City Council approve Option 1 to share 500 of the event security costs with the Elgin Fest Committee and provide 100% of the paramed- ic personnel costs to total $3 , 100 . Respectfully submit d, Jo ce . Parker City Manager JC/j s S ' ._- 1st ann4,1 . 7. 1 98 ; a city'in celebration E1ginFest Inc. Committee list Melissa Dotson — Controller Patty Maynard — Operations Director Cyndi Morgan — Fund Raising Director/ Marketing Director Mary Catherine Walsh - Food, Beverage, & Business Booth Director Chris Matus President 525 Tollgate Road, suite D Elgin, IL 60123 Phone: (847) 931-9000 Fax:(847) 931-9003 Elgin Fest 06/22/99 Budget Overview August 1999 • Aug'99 Ordinary Income/Expense Income Adult drinks 10,000.00 Donations 4,500.00 Food booths 6,600.00 Kids event 4,000.00 Pop sales 2,000.00 Sponsorship 50,000.00 Total Income 77,100.00 Expense Advertising 7,000.00 Bands 10,000.00 Contributions 5,000.00 Electric 6,000.00 Equipment Rental 4,000.00 Insurance 5,000.00 Police 3,200.00 Security 2,000.00 Staging 5,500.00 Trash&Restrooms 2,361.00 Total Expense 50,061.00 Net Ordinary Income 27,039.00 Net Income 27,039.00 • Page 1