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HomeMy WebLinkAbout01-186 Resolution No. 01-186 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE MS. NATIONAL SENIOR CITIZEN PAGEANT 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 Co-Sponsorship Agreement on behalf of the City of Elgin with The Ms . National Senior Citizen Pageant for a National Senior Pageant on July 12 and July 15, 2001, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schack, Mayor Presented: June 27, 2001 Adopted: June 27, 2001 Vote: Yeas : 7 Nays : 0 Recorded: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • Special Event Co-Sponsorship Agreement THIS AGREEMENT made and entered into this,?' ,day of , 2001,by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the "City") and The Ms. National Senior Citizens Pageant, an Illinois corporation(hereinafter referred to as "National Senior Pageant). WITNESSETH WHEREAS, Marcelle Bear operates the Ms.National Senior Citizen Pageant located at 1480 Larkin Avenue, Elgin, Kane County, Illinois; and WHEREAS,the National Senior Pageant has proposed a special event in the form of Ms. National Pageant for July 12 &July 15, 2001, to be conducted at the Hemmens Auditorium (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, Ms. National Senior Pageant 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 Ms. National Senior Pageant 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 (1.) • r 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 co-sponsorship 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 Ms. National Senior Pageant hereby agree to co-sponsor the proposed Ms. National Senior Citizen Pageant on July 12 & 15, 2001. The subject special event will be located at Hemmens Auditorium and shall be conducted between the hours of 5:00 pm to 12:00 am on Thursday, July 12, 10:00 am to 6:00 pm on Sunday, July 15, 2001. The City's only cost for the subject special event shall be $8,000.00 to be applied to the rental of the Hemmens Auditorium($2,500), rental of Elgin Community College ($2,694), and printing of the Pageant program($2,806) it being agreed and understood that the Ms. National Senior Pageant shall be responsible and pay all other costs associated with the subject special event. 3. The Ms. National Senior Pageant 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 (2.) V 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 Ms. National Senior Pageant sha I 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, Ms. National Senior Pageant agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, that Ms. National Senior Pageant shall be strictly liable for the acts of its volunteers, officers and employees and that Ms. National Senior Pageant 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,judgements, 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 Ms. National Senior Pageant, its agents,volunteers or employees. Nothing herein affects Ms.National Senior Pageant'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. Ms. National Senior Pageant 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. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the (3.) bJ F 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 is is excess or pro rata, it shall be endorsed to be primary with respect to the City. 4. That in consideration of Ms. National Senior Pageant 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 Ms. National Senior Pageant shall be entitled to retain any income received from the subject special event. 5. That Ms. National Senior Pageant 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 10:00 pm on Thursday, July 12 and 6:00 pm on Sunday, July 15, 2001. 6. That nothing contained in this agreement shall be construed to relieve Ms. National Senior Pageant, 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 this agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. (4.) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN Ms. National Senior Citizen Pageant BY: BY:' • Ed Schock, Mayor ITS: Attest: Attest: City Clerk (5.) of City of Elgin Agenda Item No. *11 E • • c4 ' L June 22, 2001 G 1 N TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANC,CULTURAL OPPORTUNITIES FOR ALL CITIZENS FROM: Joyce A. Parker, City Manager SUBJECT: Special Event Co-sponsorship Agreement with Ms . National Senior Citizen Pageant PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Co-sponsorship Agreement with Ms . National Senior Citizen Pageant . BACKGROUND rft. Staff and representatives from Ms . National Senior Citizens Pageant discussed issues relating to a Senior Pageant for July 12-15 . The Pageant hopes to draw over 2 , 000 people to the event . Last year' s event was held for four days and brought in about 600 attendees who enjoyed the pageant' s Talent Show, Evening Gown Competition, and Final Crowning. The following are the main elements of the agreement between the City and Ms . National Senior Citizen Pageant . 1 . The City will cover the costs for the Hemmens rental ($2, 500) , Elgin Community College rental ($2, 694) and printing of the Pageant Program ($2, 806) . The costs for these services for the City of Elgin will not exceed $8, 000 . The estimated cost incurred by the pageant will be approximately $25, 000 . 2 . Ms . National Senior Citizen Pageant 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. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Ms . National Senior Citizen Pageant representatives . epo. Special Event Co-sponsorship Agreement June 22 , 2001 Page 2 P , FINANCIAL IMPACT The cost of providing Hemmens rental , ECC rental and Pageant Program printing is estimated at $8, 000 . Sufficient funding is available for the expenditures in the 2001 Parks and Recreation Special Event budget, account number 010-5011-762 . 47-00 . \A)jsoil;ZGAL IMPACT None . ALTERNATIVES 1 . Enter into a Co-sponsorship Agreement providing financial participation by the City estimated at $8, 000 . 2 . No financial participation by the City with Ms. National Senior Citizen Pageant assuming 100% of the event costs . RECOMMENDATION It is recommended the Mayor and members of the City Council approve option 1 to enter into a Co-sponsorship Agreement providing financial assistance by the City estimated at $8 , 000 . Re •ectfully submitted, Joyce A. Parker City Manager