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HomeMy WebLinkAbout03-155 Resolution No. 03-155 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE 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 David M. Dorgan, 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 the 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 11, 2003 Adopted: June 11, 2003 Vote : Yeas 7 Nays 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk SERVICE AGREEMENT THIS AGREEMENT is made and entered into this ,.2oTH day of S v N E , 2003 , 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 , 2003 . 2 . The DNA shall provide all services for organizing, promoting and conducting the City's 2003 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 2003 Fourth of July Parade and associated activities . Such parade shall be conducted in the City of Elgin on July 4 , 2003 , commencing at 9 : 00 a.m. at Prairie Street, continuing on South Grove Avenue through Douglas Avenue and 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, 2003 , 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 . 2• 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, 2003 . 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 and 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 Circuit Court of 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 2003 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 David M. Dorga 0 m /1e55 City Manager EKecuA or:eir))' Attest : $241,41-‘,402 ) QcL City Clerk \PSA DNA FOJ 03.doc 3 Elgin's 4th of July Parade 2003 Downtown Elgin "A CELEBRATION OF FREEDOM" is the motto of this year's 4th of July Parade. The event is being organized by the Downtown Neighborhood Association through a 4th of July Parade Committee formed by volunteer residents of Elgin. Event Plan: On.the 4th of July, 2003, 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 potential"Black Hawk"helicopter going thru the Route for the start • Police Cars • Color Guards—Military& Others (dispersed) • Grand Marshals: Libby Hoeft, MarieYearman, Joetta Stromatt (Upon confirming acceptance) • Elgin Elected Officials • Elgin Area Legislators • Elgin High School Marching Band • Larkin High School Marching Band • Elgin Highland Watch Pipe Band&Drums • Marilyn's Majorettes &Drums • Delta Sigma Theta, AKA's, Alpha Phi Omega(sorority& fraternity groups) • Jesse White Tumble Team • Miss Illinois&other beauty queens • Chief Hamilton's Angel Drill Team • Chuck-A-Roo Band&Clowns • Andres Jimenez, Heavy Weight Champion • Those Funny Little People • Other Clowns • The Puppeteers • Ballet Folklorico Huehuecoyotl • Floats • Antique Cars • Other-Civic Organizations, Other Participants At this year's parade, there will be a contest of the most creative, patriotic, and community spirit floats. Neighborhood Associations, Civic and public and private organizations have been invited to participate and show community spirit and appreciation for our Country's freedom! Before the Parade, the volunteers will gather for registration,complimentary breakfast, and assignments. Days after the parade, there will be a volunteer wrap up meeting to recognize volunteers' efforts and evaluate parade outcome. The 4th of July Parade budget includes specific attention to: • Entertainment—Drums &bugle bands,bands,music, clowns, etc. • Promotion-media coverage&advertising, posters, flags,buntings, banners,window painting,mailings, • Operational support • Volunteer&Bands recognition packets- T-Shirts,hats,water, food, meeting refreshments, etc. • Event Insurance Coverage EXHIBIT A \Al OF f`C' (� J City of Elgin Agenda Item No. i#11 i ' ITEDWI' E. P Ljf � .. G June 6, 2003 , ! - .— N RECREATIONAL LEISURE TO: Mayor and Members of the City Counci$ ANC.CULTURAL OPPOR UNITIES FOR AI 1 ITI7 ENS FROM: David M. Dorgan, City Manager 0 Gilbert Feliciano, Hispanic Outr-ach Coordinator SUBJECT: Downtown Neighborhood Association Purchase of Service Agreement - Fourth of July Parade 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 five 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 2002 there was a co- sponsorship agreement . DNA has approached the City with a request to stage the parade again in 2003 . 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 at the site of the recreation center, as has been the case in past years . DNA Purchase of Service Agreement - Fourth of July Parade June 6, 2003 Page 2 The 2003 Municipal Budget includes $18, 000 for this event . The $18, 000 is an increase over funds provided for last year' s 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 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. On-duty police and fire personnel will be utilized, with the expectation that 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 . (9k- FINANCIAL IMPACT 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 030052 . The additional costs for police and parks departments ($1, 200) will be funded through the current departmental budgets. wpAI,1GAL IMPACT None. ALTERNATIVES 1. Approve a modified Purchase of Service Agreement . 2. 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 for City Council consideration. Attachment