Loading...
HomeMy WebLinkAbout01-332 i Resolution No. 01-332 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENTS CO-SPONSORSHIP AGREEMENT WITH THE ELGIN COMMUNITY NETWORK FOR NEIGHBORFEST EXPO 2002 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be -and are hereby authorized and directed to execute a Special Events Co-Sponsorship Agreement on behalf of the City of Elgin with the Elgin Community Network for Neighborfest Expo 2002 to be held January 5, 2002 , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2001 Adopted: December 19, 2001 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk i Special Events Co-Sponsorship Agreement THIS AGREEMENT made and entered into this �?, 1, `day of ,2001, by and between the CITY OF ELGIN, an Illinois minicipal corporation(hereinafter referred to as the "City") and the Elgin Community Network, an Illinois not for profit corporation (hereinafter referred to as the "Elgin Community Network".) WHEREAS, the Elgin Community Network located in Elgin, Kane County, Illinois has proposed a special event in the form of a Festival for January 5, 2002, to be conducted at Hemmens Auditorium. ( hereinafter referred to as the "subject special event"); and WHEREAS, Elgin Municipal Code Section I3.25.020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies; and WHEREAS, the Elgin Community Network has requested that the City co-sponsor the subject special event; and WHEREAS, the City has determined that the subject special event will attract additional interest in cultural growth and generational events; and WHEREAS, the City Council has further determined that it is in the best interests of the City to co-sponsor the subject special event with the Elgin Community Network in accordance with the terms and conditions of this co-sponsorship 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 (1 ) a pertaining to its government and affairs; and WHEREAS, the co-sponsoring 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 the Elgin Community Network hereby agree to co-sponsor the proposed Festival on January 5, 2002. The subject special event will be located at Hemmens Cultural Center and shall be conducted between the hours of 8 a.m. to 6 p.m. on Saturday, January 5, 2002. The City's only cost for the event shall not exceed $4,500 which shall be utilized for the following purposes: Promotional giveaways, table skirting, advertising and promotional items, luncheon and miscellaneous expenses. In addition the City shall provide use of the Hemmens Cultural Center on Saturday, January 5, 2002, at the above stated hours free of charge to the Elgin Community Network. 3. The Elgin Community Network shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The City manager shall provide all necessary signatures on the special event application to evidence the City's co-sponsorship of the subject special event. Notwithstanding the City's co-sponsorship of the subject special event, the parties hereto understand and agree that the Elgin Community Network 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 cost identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". Additionally, notwithstanding the City's co-sponsorship of the subject special event, the Elgin Community Network agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 1').25.090, that the Elgin Community Network shall be strictly.liable for the acts of its volunteers, officers and employees and that the Elgin Community Network to the fullest extent permitted by law shall indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief arising out of or in any way connected with the subject special event or any acts or omissions of the Elgin Community Network, its agents, volunteers or employees. Nothing herein affects the Elgin Community Network's duty to defend the City. In the event of any action against the City or its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City's choosing. The Elgin Community Network 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 that $5,000,000 covering general liability including personal injury and property damage. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 4. That in consideration of the Elgin Community Network being solely responsible for conducting the subject special event and for all cost associated with the subject special event as provided herein, the parties understand and agree that the Elgin Community Network shall be entitled to retain any income received from the subject special event. 5. That the Elgin Community Network 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, and must end at 6 p.m. Saturday, January 5, 2002. 6. That nothing contained in this agreement shall be construed to relieve the Elgin Community Network, 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. 7. That The Elgin Community Network at its sole cost shall provide for proper and appropriate clean up of the Hemmens facility as a result of the subject special event occurring therein. 8. That this agreement shall not be deemed or construed to create any 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. CITY OF ELGIN ELGIN-COMMUNITY NETWORK BY: BY: City Manager Attest: Attest: City Clerk �.' Agenda Item No. City .of Elgin 1 f - December 5, 2001 NEIGHBORHOOD VITALITY TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Co-Sponsorship Agreement with Elgin Community Network for Neighborfest Expo 2002 PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council to consider a Co-Sponsorship agreement with the Elgin Community Network for the second annual Neighborfest Expo 2002 , to be held on Saturday, January 5, 2002 at Hemmens Cultural Center. • BACKGROUND Neighborfest Expo 2001, held on January 27th at Lord' s Park Pavilion, was used for the purpose of celebrating the accomplishments of neighborhood organizations, promoting interaction between neighborhoods and city staff, and laying the groundwork for the creation of a city-wide network for neighborhood groups . The event was sponsored entirely by the City of Elgin, through . the Neighborhood Liaison in the City Manager'.s Office . Participation in the event was excellent and attendance by the general public was much larger than anticipated. Press coverage was very positive, which helped enhance our image within and outside of our community. Post-event questionnaires indicated a strong desire to make Neighborfest Expo an annual event . The newly formed Elgin Community Network (ECN) would like to co- sponsor Neighborfest 2002 with the City of Elgin and expand it to serve as a formal "kick-off" event to officially introduce ECN to the public . In addition, the event will be expanded to include displays and presentations from additional groups and organizations who deal with neighborhood-related issues . various City Departments will also Piave . the opportunity to showcase projects and initiatives, such as the Recreation Center, the Riverfront Project and the new- Comprehensive Planning Project to the public . The All • America City . Award Committee will also participate, using Neighborfest to formally announce their intention to nominate Elgin for this prestigious award. Elgin Community Network Neighborfest December 5, 2001 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Community Network, Neighborhood groups, and Non-profit organizations . INANCIAL IMPACT The proposed 2002 General Fund Budget, account number 010-0303- 711 . 47-00 includes $4, 500 - for Neighborfest Expo expenses as described in the attached Co-Sponsorship agreement . Approximately $3 , 500 worth of expenditures will be spent in 2002 . An additional $1, 000 is available in the 2001 budget in account number 010-0303- 711 . 47-00 for those expenditures expected- to be spent in 2001 . The Elgin Community Network is taking responsibility for the remaining costs associated with the event, through additional cash and in- kind donations . GAL IMPACT None • ALTERNATIVES The City Council could approve the Co-Sponsorship agreement, edit the agreement, or decline to support the event . RECOMMENDATION . It is recommended that the City Council approve the Co-Sponsorship agreement, reflecting the City contribution of -$4., 500 as . outlined in the agreement . R ectfully submitted, yce Parker City Manager CM Attachment • I