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HomeMy WebLinkAbout01-93 Resolution No. 01-93 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE NORTH END BENEVOLENT ASSOCIATION OF ELGIN, INC. FOR A CARNIVAL 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 North End Benevolent Association of Elgin, Inc . for a carnival to be held May 17-20, 2001 at Trout Park, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 11, 2001 Adopted: April 11, 2001 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this /rQ r It day of A14.2001, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and North End Benevolent Association of Elgin, Inc., an Illinois corporation(hereinafter referred to as "N.E.B.A."), WITNESSEIH WHEREAS, N.E.B.A., operates the North End Benevolent Association of Elgin, Inc. located at 1840 Joseph Court, Elgin, Kane County, Illinois; and WHEREAS, N.E.B.A. has proposed a special event in the form of a carnival for May 17-20, 2001, to be conducted at Trout Park (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,N.E.B.A.. 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 the City of Elgin and will assist in promoting further interest in the City of Elgin; 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 N.E.B.A. 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 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 of Elgin areas 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 Page 2. 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 N.E.B.A. hereby agree to co-sponsor the proposed N.E.B.A. Carnival on May 17- 20, 2001. The subject special event will be located at Trout Park and shall be conducted between the hours of 6:00 p.m. and 10:00 p.m. on Thursday, May 17, 6:00 p.m. to 10:00 p.m. on Friday, May 18, 1:00 p.m. to 10:00 pm on Saturday,May 19,and 1:00 p.m. to 8:00 p.m. on Sunday,May 20,2001. 3. The N.E.B.A. 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 N.E.B.A. 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 co-sponsorship of the subject special event, N.E.B.A. agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, that N.E.B.A. shall be strictly liable for the acts of its volunteers,officers and employees and that N.E.B.A. 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 N.E.B.A., its agents, volunteers or employees. Nothing herein affects N.E.B.A.'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. N.E.B.A. 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 • Page 3. 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 N.E.B.A. 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 N.E.B.A. shall be entitled to retain any income received from the subject special event. 5. That in conjunction with the special event permit application N.E.B.A. shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the Chief of Police in writing five(5)business days before the event. 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, N.E.B.A.'s share of such costs shall not exceed 51,277. N.E.B.A. 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. 6. That the subject special event permit application shall also incorporate the recommendations for a traffic and parking management plan of Barton-Aschman in its report dated April 24, 1996. City of Elgin shall be responsible for providing for the posting of all traffic signs and for the security personnel to direct traffic. N.E.B.A. at its sole cost shall publicize the location of all major parking areas in all of its advertisements, flyers and posters regarding the subject special event. 7. That N.E.B.A. 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. 8. The N.E.B.A. 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. Page 4. 9. That nothing contained in this agreement shall be construed to relieve N.E.B.A., 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 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 N.E.B.A. of Elgin, Inc. By oo:_if B Ed Schock,Mayor Its Attest: Attest: City Clerk int OF 64_ City of Elgin Agenda Item No. E L March 8, 2001 N • - - TO: Mayor and Members of the City Council RECREAI KINAL LEISURE ANC.CULTURAL OPPORTUNITIES FOR ALL CITIZENS FROM: Joyce A. Parker, City Manager SUBJECT: Special Event Agreement with the North End Benevolent Association 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 North End Benevolent Association of Elgin (N.E.B.A. ) to hold their 51" Annual Carnival May 17-20 . BACKGROUND Representatives from N.E.B.A. have submitted a City of Elgin Special Event Application to hold its 51" N.E .B .A. Carnival at Trout Park frp, May 17-20, 2001 . N.E.B.A. is a non-profit professional association committed to raising funds for Elgin organizations and schools . Staff from Police and Parks and Recreation have met with the N.E.B.A. event organizers. N.E.B.A. is in its 51" year of holding the carnival here. They hope to produce, with the City' s cooperation, a more secure carnival that will generate regional attention and draw thousands of people to Elgin. To help offset the high cost involved in a production of this magnitude, N.E.B.A. is requesting a cost sharing agreement. Attached is a list of contributions that N.E.B.A. has paid back into the community from proceeds generated from this event . As a part of the City' s support for the event, a cost-sharing agreement is proposed. The following are the main elements of an agreement between the City and N.E.B.A. t . . (.14' Special Event Agreement March 22 , 2001 Page 2 1 . N.E.B.A. and the City shall share the costs to provide police officers for the event security. Security will need to be provided during event hours . The Police Department will also be responsible for posting No Parking signs on one side of Trout Park Boulevard to control traffic and allow room for emergency vehicles . The costs for the police service for the City of Elgin will not exceed $1, 277 . Last year the cost of Police services for the City of Elgin for this event was $1, 347 . 2 . N.E.B.A. 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 . Additional pending permits and permission will be required as follows : Insurance : General Liability Insurance . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED N.E.B.A. representatives . yikFINANCIAL IMPACT The cost of providing police security for the four-day event is estimated at $1 , 277 . Sufficient funding is available for the expenditures in the 2001 Police budget, account number 010-2308- 731 . 01 . 02 ($1, 277) . LEGAL IMPACT An agreement will need to be completed. ALTERNATIVES 1 . Enter into a cost-sharing agreement providing financial participation by the City estimated at $1, 277 . 2 . No financial participation by the City, with N.E.B.A. assuming 100% of the event costs . �► Special Event Agreement March 22, 2001 Page 3 RECOMMENDATION It is recommended the Mayor and members of the City Council approve Option 1 to enter into a cost-sharing agreement providing financial participation by the City estimated at $1, 277 . Respectfully submitted, �► '�ce Al Parker City Manager