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HomeMy WebLinkAbout03-267 Resolution No. 03-267 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION 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 Downtown Neighborhood Association for a Merchant Street Fair on October 11, 2003 , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 8 , 2003 Adopted: October 8, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT is made and entered into this ?,�, day of S�ea 9a� ', 2003 by and between the CITY OF ELGIN, as 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, located in Elgin, Kane County, Illinois, has proposed a special event in the form of a Merchant Street Fair for October 11, 2003 to be conducted in downtown Elgin (hereinafter referred to as the "Event" ) ; and WHEREAS, Elgin Municipal Code Section 13 . 25 . 010A 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 co-sponsor the Event; and WHEREAS, the City has determined that the Event will attract additional interest in economic development and downtown revitalization efforts; and WHEREAS, the City has further determined that it is in its best interests to co-sponsor the subject special event with the DNA in accordance with the terms and conditions of this co-sponsorship agreement; and WHEREAS, the City 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 Event and promoting further interest in redevelopment of the City' s center city area pertains to the government 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 hereby agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 . That the City and the DNA hereby agree to co-sponsor the proposed Event . Event shall be conducted between the hours of 10 : 00 a.m. to 6 : 00 p.m. Saturday, October, 11, 2003 . The City' s total costs for the Event shall not exceed, $4 , 178 . 00, which shall be applied solely to the rental of one large tent for event and tables and chairs, and reimbursement for the cost of advertising of the event ; it being agreed and understood that the DNA shall be liable for and shall pay all other costs associated with Event, including but not limited to litter control and clean-up. 3 . DNA shall be responsible for applying for and obtaining a special event permit pursuant to Elgin Municipal Code Chapter 13 . 25 . City' s Manager shall provide all necessary signatures on the special event application to evidence the City' s co-sponsorship of the Event . Notwithstanding the City' s co-sponsorship of the Event, the parties hereto understand and agree that the DNA shall be solely responsible for conducting the Event and for all costs associated with the Event, including but not limited to the fees and cost identified in Elgin Municipal Code Chapter 13 . 25 entitled "Special Events in Public Places, " except as otherwise specifically provided herein. Additionally, notwithstanding the City' s co-sponsorship of the Event, the DNA agrees that pursuant to this agreement and pursuant to the provisions of the Elgin Municipal Code Section 13 . 25 . 090, that the DNA shall be strictly liable for the acts of its volunteers, officers and employees and that the DNA, to the fullest extent permitted by law, shall indemnify, defend, and hold harmless the City, its officers, its 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 Event or any acts or omissions of the DNA, its agents, volunteers or employees . Nothing herein affects the DNA' s duty to defend the City. In the event of any action against the City or 2 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. The DNA shall also provide, without cost to the City, any and all insurance required pursuant to Elgin Municipal Code Section 13 . 25 . 070 naming the City as a primary, contributory coinsured with limits of not less than $500 , 000 er ccurrence and excess coverage of not C_��tiL ess than V, 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. The DNA shall also obtain and thereafter keep in force, at no cost to the City, commercial automobile liability insurance covering all owned, non-owned and hired vehicles, providing coverage for bodily injury and property damage with a liability limit for each occurrence of $1, 000 , 000 and with a general aggregate limit of $1, 000 , 000 . 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 the DNA being solely responsible for conducting the Event and for all costs associated with the Event as provided herein, the parties understand and agree that the DNA shall be entitled to retain any income received from the Event . 5 . That the 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 Event . Any entertainment and use of amplifiers shall be in compliance with all applicable regulations, and must end at 6 : 00 p.m. on Saturday, October 11, 2003 . 6 . That nothing contained in this agreement shall be construed to relieve the DNA, its officers, agents, or employees, as well as any other participants in the Event from complying with all applicable laws and regulations of the City, State and the United States, including by 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 3 or other agency relationship between the parties hereto. IN WITNESS WEREOF, the parties hereto have executed this agreement on the date and year first written above . CITY OF ELGIN DOWNTIWN NEIGHBORHOOD ASSOCIATION By BY 01P .� _ Ed Shock, Mayor Its (.Qu��Z� rtec/v-e Attest : Attest : 4 ci O F Et �` c'ti Agenda Item No. %� City of Elgin 14"14010,, L ''r� r. G Y September 5, 2003 ' 4 ' 1 '., N I � TO: Mayor and Members of the City Counc ' ALIVE DOWNTOWN FROM: David M. Dorgan, City Manager RuthAnne Hall, Planning & Preservation Coordinator SUBJECT: Special Event Agreement with the Elgin Merchants Group PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a co-sponsorship agreement with the Elgin Merchants Group for the First Annual Elgin Street Fair in Elgin' s Center City scheduled for October 11, 2003 . BACKGROUND Representatives from the Elgin Merchants Group have submitted a City of Elgin Special Event Application to hold the Elgin Street Fair in Elgin' s Center City on October 11, 2003 . The Elgin Merchants Group is a subcommittee of the Downtown Neighborhood Association which represents the interests of the individuals and organizations with a presence in downtown Elgin. The Association ' s purpose is to foster a center of activity and ensure economic stability for the heart of Elgin through communication, education, promotion and economic revitalization. Staff has met with the Elgin Merchants Group and the Downtown Neighborhood Association to review event logistics . To help offset the high cost involved in an event of this magnitude, the Elgin Merchants Group in partnership with the Downtown Neighborhood Association is requesting co-sponsorship from the City. This project qualifies under the criteria for the Neighborhood Improvement Grant Program and sufficient funds remain available to pay for these items . Special Event Agreement with the Elgin Merchants Group September 5, 2003 Page 2 As a part of the City' s support for the event, a special events co-sponsorship agreement is proposed. The main items of the agreement are as follows : 1 . The City will cover the costs to provide one 20' x 40' tent for the event not to exceed $500 and the cost of tables and chairs not to exceed $400 . 2 . The City will cover the costs of advertising the event not to exceed $3, 278 . All graphic designs and layouts for the print ads and posters will be provided in-kind by the Elgin Merchants Group. 3 . The City will provide assistance with the hanging of banners provided by the Elgin Merchants Group across both Highland Avenue and Chicago Streets . No cost for this service as it will be completed during regular hours . 4 . The City will provide assistance, at no cost, with the closure of South Grove Avenue from Chicago Street to the point it intersects with Spring Street and the partitioning off of half of the Civic Center Parking lot to enable vendors to set up their displays . The Downtown Neighborhood Association will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $2, 000, 000 covering general liability, including personal injury and property damage. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Downtown Neighborhood Association and Elgin area retailers . D1 „FINANCIAL IMPACT A total of $4, 178 will be allocated to the cost of advertising, 20'x40' tent, tables, and chairs for the event . The Elgin Riverboat Fund, Rehabilitation Grants, Neighborhood Improvement Grant account number 275-0000-791 . 78-99, Project number 030062 (Elgin Street Fair) will be charged. Sufficient funds are available for this initiative. Special Event Agreement with the Elgin Merchants Group September 5, 2003 Page 3 Ø - GAL IMPACT Legal Department has prepared an agreement . ALTERNATIVES 1 . Enter into a co-sponsorship agreement providing financial participation by the City for the amount of $4 , 178 . 2 . No financial participation by the City with the Elgin Merchants Group and the Downtown Neighborhood Association assuming 100% of the event costs. RECOMMENDATION It is recommended the Mayor and members of the City Council approve a co-sponsorship agreement providing financial participation by the City not to exceed $4 , 178 . Respectfully submitted for Council consideration. RK/sr