HomeMy WebLinkAbout02-245 Resolution No. 02-245
RESOLUTION
AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE
DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR FOURTH OF JULY PARADE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute a Service Agreement on behalf of the City of Elgin with
the Downtown Neighborhood Association for Fourth of July parade,
a copy of which is attached hereto and made a part hereof by
reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 26, 2002
Adopted: June 26, 2002
Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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GCity of Elgin Agenda Item No.
3 1,June 21, 2002 G ,,
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TO: Mayor and Members of the City Council ALIVE DOWNTOWN
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Downtown Neighborhood Association Purchase of Service
Agreement
PURPOSE
The purpose of the memorandum is to provide information to the
Mayor and members of City Council to consider a Purchase of Service
Agreement with the Downtown Neighborhood Association (DNA) for the
4th of July Parade.
BACKGROUND
For the last four 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. In 2001 there was a co-sponsorship agreement .
DNA has approached the City with a request to stage the parade
again in 2002 . The event will take place on July 4 , beginning at
9 : 00 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.
The 2002 Municipal Budget includes $18, 000 for this event . The
$18, 000 is an increase over funds provided for last years event
($7, 500) . 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
DNA Purchase of Service Agreement
June 21, 2002
Page 2
the parade. DNA will also be seeking additional funding for the
event from outside 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 $18, 000 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
approximately $1, 200 for additional services .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Downtown Neighborhood Association. In addition, DNA will be
responsible for contracting and working with the downtown business
in preparation for the event .
FINANCIAL IMPACT
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(j Funds totaling $18, 000 have been budgeted and are available for the
Purchase of Service Agreement with DNA for the 4th of July parade
in account number 275-0000-791 . 80-36, project number 099623 . The
additional costs for police and parks departments ($1, 200) will be
funded through the current departmental budgets.
L GAL IMPACT
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None.
ALTERNATIVES
1 . Approve the Purchase of Service Agreement as presented.
2 . Approve a modified Purchase of Service Agreement .
3 . Do not approve the Purchase of Service Agreement for the 4th
of July Parade .
DNA Purchase of Service Agreement
June 21, 2002
Page 3
RECOMMENDATION
It is recommended that the City Council approve the Purchase of
Service Agreement with the Downtown Neighborhood Association in the
amount of $18, 000 . 00 .
Respectfully submitted,
Olufemi F arin
Interi Cit ager
DKN/od
Attachments
SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this day
of , 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 of Elgin, Illinois has determined it to
serve a beneficial public purpose for the DNA to provide all
services and activities for the City' s Fourth of July Parade; and
WHEREAS, the DNA is ready, able and willing to provide said
services and activities.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows :
1 . The City shall pay to the DNA the sum of $18, 000 on or
before June 28, 2002 .
2 . The DNA shall provide all services for organizing,
promoting and conducting the City' s 2002 Fourth of July Parade and
all activities associated therewith including, but not limited to,
those activities listed in Exhibit A attached hereto and made a
part hereof .
3 . The DNA shall address all initial inquiries and requests
made pursuant to this agreement to the City' s Recreation and
Facilities Superintendent .
4 . The DNA shall apply the aforementioned $18, 000 to the
2002 Fourth of July Parade and associated activities . Such parade
shall be conducted in the City of Elgin on July 4, 2002, commencing
at 9 :00 a.m. at Prairie Street, continuing on South Grove Avenue
through Douglas Avenue sand ending on Symphony Way in, Elgin,
Illinois .
5 . The DNA shall provide a written report detailing the
disbursement of the $18 , 000 . This report shall be provided to the
City Council by July 31, 2002 , and shall include all program
activity. This report shall be submitted to the City Manager' s
Office, City Hall, 150 Dexter Court, Elgin, IL 60120 .
6 . The DNA shall provide City with a financial 'statement
relative to the organization' s total operations . This statement
shall be provided on or before December 31, 2002 .
7 . The City shall have the right to review all accounting
records related to the use of the $18, 000 .
8 . To the fullest extent permitted by law, DNA agrees to
indemnify, defend and hold harmless the City, its officers,
employees, boards and commissions from and against any and all
claims, suits, judgments, costs, attorney' s fees, damages or other
relief arising out of or resulting from or through or alleged to
arise out of any reckless or negligent acts or omissions of DNA' s
officers, employees or agents in the performance of this agreement .
In the event of any action against the City, its officers,
employees, agents, boards or commissions covered by the foregoing
duty to indemnify, defend an hold harmless, such action shall be
defended by legal counsel of the City' s choosing.
9 . No official , director, agent or employee of the City
shall be charged personally or held contractually liable under any
term or provision of this Agreement or because of their execution,
approval or attempted execution of this Agreement .
10 . This Agreement, the documents it incorporates and its
attachments constitute the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified, discharged
or extended except by written amendment duly executed by the
parties .
11 . This agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency relationship
between the parties hereto.
12 . The terms of this agreement shall be severable. In the
event any of the terms or provisions of this agreement shall be
deemed void or unenforceable for any reason, the remainder of this
agreement shall remain in full force and effect .
13 . 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 arising out of or in
connection with this agreement shall be in the CircuitCourt of
g ou t
Kane County, Illinois .
2
14 . In the event the program for which the City funds
provided herein are to be applied is cancelled and not rescheduled
the DNA shall refund to the City the funds paid hereunder for any
activity not conducted.
15 . DNA shall provide, without cost to the City, a
certificate of insurance for the 2002 Fourth of July Parade 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 $1, 000, 000 covering general liability including personal
injury and property damage . Such certificate shall provide that
the insurance shall not be terminated or renewed for any reason
without thirty (30) days advance written notice to the City.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date and year first written above.
CITY OF ELGIN, a municipal DOWNTOWN NEIGHBORHOOD ASSOCIATION,
corporation a not-for-profit corporation
By By
Olufemi Folarin
Interim City Manager
Attest :
City Clerk
F:\Legal Dept\Agreement\Downtown Neighborhood Assn-4th of July Parade-DBL.wpd 6/18/02
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Debui�Nier -4th of July Parade 2002 doc gj'J i rage 1 j
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Elgin's 4th of July Parade
2002
Downtown Elgin
`UNITED WE STA. ' is • • n • I I i • •lb my Parade.The event is being
coordinated by th: Downtown Nei,hborhood Association nd its organization supported by a
group of volunteer rest•ents of Elgin.
Event P
On the 4ih of Jul ,2002 the Parade will start promptly at 9:00AM at Prairie St.and continue on
South Grove Ave. thru Douglas Ave.,ending by Symphony Way(Police Station).
The Parade will include the participation of the following:
• A"Black Hawk"helicopter going thru the Route for the start
• Police Cars
• Color Guards—Military&Others
• Grand Marshall Group—Retired War Veterans (various)
• Elgin Elected Officials &Legislators
• Elgin High School Marching Band
• Larkin High School Marching Band
• Elgin Highland Watch Pipe Band & Drums
• The Rosemont Cavaliers(Drum&Bugle)
• Marilyn's Majorettes &Drums
• Cold Blues Band
• Elgin's Minutemen of Harmony
• Elgin Symphony Orchestra—Brass Group(Quintet)
• Clowns
• Floats
• Antique Cars
• Other-Civic Organizations,Other Participants
At this year's parade,the Elgin Image Advisory Commission will judge and award the most
creative and patriotic float.Many Neighborhood Associations,Civic and public or private
organizations have also applied to participate,and show community spirit and appreciation for
our Country's freedom!We expect about 100 to 150 units and a total of approximate 10,000
people to come to Downtown to enjoy the 4!h of July Parade.
After the parade, there will be a volunteer picnic offered to recognize the efforts of approximate
150-200 volunteers.
The budget includes specific attention to:
• Entertainment—Bands,music,clowns,etc.
• Promotion- media coverage& advertising,posters,flags,buntings,banners,window painting,
mailings,etc. F
• Volunteer& Bands recognition packets-T-Shirts,hats,water,food, meeting refreshments,etc.
• Event Insurance Coverage
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