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HomeMy WebLinkAbout01-85 '. r Resolution No . 01-85 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORING AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE 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 Event Co-Sponsoring Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for a Fourth of July Parade, a copy of which is attached hereto and made a part hereof by reference . s/ John Walters John Walters, Mayor Pro Tem Presented: March 28, 2001 Adopted: March 28, 2001 Vote : Yeas 5 Nays : 0 Attest : s/ Suellyn Losch Suellyn Losch, Deputy City Clerk , Special Event Co-Sponsoring Agreement APkiL THIS AGREEMENT made and entered into this day of M r-ch, 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and the Downtown Neighborhood Association, an Illinois not-for-profit corporation (hereinafter referred to as "DNA" ) . WITNESSETH WHEREAS, DNA, is an Illinois not-for-profit corporation located in Elgin, Kane County, Illinois; and WHEREAS, DNA has proposed a special event in the form of a 4th of July Parade for July, 2001 , to be conducted in Downtown Elgin (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, DNA has requested that the City cosponsor the subject special event ; and WHEREAS , the City has determined that the Subject Special Event will attract additional interest in the Elgin area and will assist in promoting further quality programs for the City of Elgin; andl ; 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 DNA in accordance with the terms and conditions of this cost sharing agreement ; and WHEREAS, the City of Elgin is a home rule municipality as 1 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 . 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 agrees to contribute $7, 500 for the provision of the 4th of July Parade and associated activities which will occur from 7 : 30 - 11 : 30 a .m. on July 4 , 2001 . The subject Special Event will begin in the City parking lot on the corner of Prairie and South Grove and shall proceed north on Grove Avenue then onto Douglas Avenue with the route ending at Symphony Way. The City' s costs for the subject special event shall be limited to $7 , 500 . 00 to be applied for securing the necessary marching bands, decorations, entertainment, promotional and other operational needs as determined by the DNA. A detailed accounting of the expenditures related to the $7 , 500 must be provided to the City by DNA at the conclusion of the special event . 3 . That DNA 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 2 necessary signatures on the special event application to evidence the City' s co-sponsorship for the subject special event . Notwithstanding, the City' s co-sponsorship of the subject special event, DNA agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 . 25 . 090 , that DNA shall be strictly liable for the acts of its agents, volunteers, officers and employees and that DNA to the fullest extent permitted by law shall indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from any 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 DNA, its agents, volunteers or employees . Nothing herein affects DNA' 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. DNA 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 3 available insurance, alternatively, if the insurance states that it is excess orpro rata, it shall be endorsed to be primarywith respect to the City. 4 . That DNA 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 . 5 . That nothing contained in this agreement shall be construed to relieve DNA, 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 United States, including but no limited to obtaining any other permits or approvals as required by law. 6 . 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 . CITY OF ELGIN ) DOWN • N EIGHBORHOOD ASSOCIATION By J ce arker, City Manager IT ANI -- 1 ATTEST : ATTES I�!'1 A4-11-7."4_ City Clerk 4 `,�V F Et. . �`- V� ,; If City of Elgin Agenda Item No. 3 o I0 RdTD[ A ,, -- E (I0,0 ,i; liIv March 28, 2001 it ft TO: Mayor and Members of the City Council N :.i, - . :: fir,'`:. FROM: Joyce A. Parker, City Manager ALIVE DOWNTOWN SUBJECT: Co-sponsorship Agreement with Downtown Neighborhood Association for Fourth of July Parade PURPOSE The purpose of this memorandum is to is to present to the Mayor and members of the City Council a request for a co-sponsorship agreement with the Downtown Neighborhood Association for a Fourth of July Parade . BACKGROUND For the last three years, the City of Elgin has participated as a co-sponsor in the planning and implementation of the Fourth of July Parade held in the City' s downtown. For the first two years of the event, planning and implementation was carried out by a citizen group. In 2000, the event became the responsibility of the Downtown Neighborhood Association (DNA) . The City participated as a co-sponsor. The City provided a cash contribution for the event, plus assistance with labor and equipment from various City departments; however there was not a co-sponsorship agreement with DNA. DNA has approached the City with a request to stage the parade again in 2001 . The event will take place on July 4 , from 7 :30 to 11 : 30 a.m. The event will begin in the parking lot at the corner of Prairie and South Grove Avenue and shall proceed north on Grove Avenue with the route ending at Symphony Way. It has been determined that the route will not conflict with any construction projects, although the parade will not be able to disband on the site of the recreation center construction, as has been the case in past years . DNA is requesting $7, 500 for this year' s parade . The $7, 500 is an increase over the $4 , 990 provided for last year' s event . The increase is due to additional funds necessary for securing marching bands and/or musical entertainment . DNA is desirous of expanding the scope of the entertainment provided for the parade . DNA will also be seeking additional funding for the event from outside Co-sponsorship Agreement DNA March 28 , 2001 Page 2 organizations . City funds will be applied to expenses related to securing marching bands, decorations, entertainment, promotion and other operational needs . DNA will be responsible for providing an accounting of how the $7, 500 was expended upon conclusion of the event . This amount does not include costs to the City for providing the necessary labor and equipment associated with the event . The labor costs for the event will be minimized through the use of on-duty personnel . On-duty police and fire personnel will be utilized, with the expectation that only one additional police officer will be needed. Parks and Recreation staff will be needed for setting up and closing the event . Through the review of prior expenditures, it is estimated that the City will spend $2 , 500 on the use of primarily part-time parks personnel . There will also be additional costs for the rental of toilet facilities for the event at an estimated cost of $1, 200 . Therefore, the total additional expenditures is estimated to be $3 , 700 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Downtown Neighborhood Association. In addition, DNA will be responsible for contacting and working with the downtown business in preparation for the event . ( FINANCIAL IMPACT It is recommended that the $7, 500 in funding be charged to the City' s Special Projects account . This amount is available in account number 010-6902-719 . 84-01 . The additional costs, estimated to be $3 , 700, will be charged to project number 503500 , and absorbed through current departmental resources . moVEGAL IMPACT None . ALTERNATIVES 1 . Approve the request for $7, 500 as presented. 2 . Approve a contribution in an amount less or greater than the $7, 500 . 3 . Do not approve the request for funding for the Fourth of July Parade . • Co-sponsorship Agreement DNA March 28, 2001 Page 3 RECOMMENDATION It is recommended that the City Council approve entering into a co- sponsorship agreement, including a contribution of $7, 500 , with the Downtown Neighborhood Association for a Fourth of July Parade . Respectfully submitted, 2. - a Jo. e A Parker City Manager PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into on theday 2002 , by and between the DOWNTOWN NEIGHBORHOOD ASSOCIATION, an Illinois not-for-profit organization, (hereinafter referred to as the "DNA" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "CITY" ) . WHEREAS, the City has determined it to serve a beneficial public purpose to provide support for the development and enhancement of the center city; and WHEREAS, the DNA is a membership-based organization formed to create, support, and sustain revitalization efforts in downtown Elgin. WHEREAS, the revitalization of Downtown Elgin will result in increased property values and increased job opportunities; and WHEREAS, the City is a home rule unit which may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the revitalization of Downtown Elgin including increased property values and job opportunities therein pertains to the government and affairs of the City. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . The City shall pay to DNA the total sum of Sixty Thousand Dollars and no/100ths ($60 , 000) to be made in three equal payments of Twenty Thousand Dollars and no/100ths ($20, 000) . The first payment will be made following the execution of this agreement . . The second payment shall be made by May 1, 2002 . The third payment shall be made by August 1, 2002 . 2 . DNA shall conduct all of its activities funded pursuant to this agreement, including but not limited to, the providing of support for the development and enhancement of the center city, in accordance and in compliance with all requirements of law. 3 . DNA shall address all inquiries and requests made pursuant to this agreement to the City' s Director of Economic Development and Business Services . 4 . DNA shall apply the $60 , 000 contribution to operating expenses such as staff salary and benefits, rent, meeting expenses, and expenses associated with sponsorship of community events . 5 . DNA shall develop strategic planning that enhances the appearance and promote the preservation of downtown through the following means : a. Forums b. Design Assistance and Facade Programs c . Strategic Planning 6 . DNA shall implement and/or assist in multiple community events to be held in the Center City such as the 4th of July Parade, Harvest Market, Fiesta Salsa, Window Wonderland and the Four Bridges of Elgin Bicycle Race Carbo-Load Dinner. 7 . Representatives of DNA shall meet not less than quarterly with representatives of the Elgin Area Chamber of Commerce and City of Elgin. 8 . DNA shall assist with the implementation of a strategy designed to strengthen existing downtown businesses, recruit new businesses and develop strategies designed to sustain the economic vitality of the downtown. 9 . The DNA office shall also serve as a Discovery Studio for the implementation of the City of Elgin Riverfront Center City Master Plan. 10 . DNA shall provide two written reports detailing the disbursement of $60 , 000 . These reports shall be provided to the City Council by July 31, 2002 , and December 31, 2002 , and shall include all program activity. These reports shall be submitted to the Economic Development Department , City Hall , 150 Dexter Court , Elgin, IL, 60120 . 11 . DNA shall provide City with financial statements relative to the organization' s total operations . These statements shall be provided on or before July 31, 2002 and December 31 , 2002 . 12 . The City shall have the right to review all accounting records related to the use to the $60 , 000 , given 72 hour notice, and at a time agreed upon by both parties . 13 . DNA agrees to and it 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 resulting from or through or alleged to arise out of any negligent acts or omissions of DNA or its officers, employees or agents in the performance of this agreement . Nothing herein affects DNA' s duty to defend the City. In the event of any action against the City, its officers, employees, agents, boards and commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City' s choosing. 14 . Failure to perform the above services to the satisfaction of the City Council shall result in a termination of this agreement and the refund of the $60, 000 consideration (plus reasonable costs and attorney' s fees, in the event City is required to litigate to retrieve said funds) as and for liquidated damages . 15 . In the event this agreement is terminated or in the event the programs for which the City funds provided herein are to be applied are discontinued or DNA ceases its operations prior to December 31, 2002 , DNA shall refund to the City on a prorated basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year such programs of DNA operations were not conducted. 16 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17 . This agreement shall be 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 pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 18 . This agreement shall be in full force and in effect from the date of its execution through December 31, 2002 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above. , CITY OF ELGIN a municipal corporation By O`u*Ra•k1 ilk-Ast4N City Attest : City Clerk Downtown Neighborhood A iation of E gin, a n t-f r- rofit poration By Jo n Ste n Pr siden