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Home My WebLink About04-168 } Resolution No. 04-168 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,CityManager,and Dolonna Mecum,CityClerk,be and are herebyauthorized and g 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 23, 2004 Adopted: June 23, 2004 Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • Purchase of Service Agreement Downtown Neighborhood Association and City of Elgin THIS AGREEMENT is made and entered into this 2yltday of J"iLy/, 2004 , 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 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, 680 on or before June 30, 2004 . 2 . The DNA shall provide all services for organizing, promoting and conducting the City' s 2004 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 inquiries and requests made pursuant to this agreement to the City' s Recreations and Facilities Superintendent . 4 . The DNA shall apply the aforementioned $18, 680 to the 2004 Fourth of July Parade and associated activities . Such parade shall be conducted in the City of Elgin on July 3rd, 2004 , commencing at 10 : 00 a.m. at Douglas and Slade Ave, continuing south on Douglas Avenue and ending at Highland Avenue . 5 . The DNA shall provide a written report detailing the disbursement of the $18, 680 . This report shall be provided to the City Council by July 31st, 2004 , 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, 2004 . 7 . The City shall have the right to review all accounting records related to the use of the $18 , 680 provided for herein. 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, it' s officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend or hold harmless, such action shall be defended by legal counsel of the City' s choosing. The provisions of this paragraph shall survive any expiration and/or termination of this agreement . 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 . 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 upon 30 (30) days written demand by City. 15 . DNA shall provide, without cost to the City, a certificate of general liability insurance naming the City as a primary, non- contributory co-insured with limits of not less than one million dollars ($1, 000, 000) combined single limit per occurrence for bodily injury, personal injury and property damage with a general aggregate limit of not less than two million dollars ($2 , 000, 000) for the 2004 4th of July Parade and attendant services provided for herein. Such certificate shall provide that the insurance shall notbe terminated or renewed fro any reason without thirty (30) days advance written notice• to 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 Attest: att/A911 .4_k_X-e.-114*- City Clerk • Attachment A: Elgin's 4th of July Parade 2004 "CELEBRATING 150 YEARS & BEYOND" is the theme 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. The parade will take place Saturday, July 3rd starting promptly at 10:00AM at Slade Street and Douglas Avenue and continuing south on Douglas Ave. ending at Highland Avenue in Downtown Elgin. The Parade will include the participation of about two hundred groups including the following participants and entertainment: • Police Cars • Color Guards—Military&Veterans (dispersed) • Grand Marshal: Mike Alft, former Mayor and re-known Elgin Historian • Honorary Marshals: Betty Lewis, Jessie &Rita Pampa& Chandetka Prince • Elgin Elected Officials • Elgin Area Legislators • Elgin High School Marching Band • Larkin High School Marching Band • Elgin Highland Watch Pipe Band &Drums • Bugs Bunny and one more character from Warner Brother's • Chicago Bears Mascot • Jesse White Tumble Team • South Shore Drill Team • Oswego High School Band • Tunes of Glory Pipe and Drum Band • City of Rockford Pipe Band • Neyanta Native American Dancers • Elgin's Boy's and Girls Club Drill Team • Chucky Cheese • Those Funny Little People • Marilyn's Majorettes & Drums • Tricky the Clown • George Washington • The All American Cowboy • Aunt Samantha • Ballet Folklorico Huehuecoyotl • Floats • Antique Cars • Other- Civic Organizations, Other Participants There will be a contest of the most creative, patriotic, and community spirit floats, again this year. Neighborhood Associations, Civic and public and private organizations have been invited to participate and show community spirit and appreciation for our Country's freedom! • The parade committee is pursuing the support of about 100 volunteers to help with the safe development and flow of the parade for the day of event. Volunteer orientations will be offered on Tuesday, June 29th @ 12 Noon and Thursday, July 1st at 7pm. Volunteers will receive a T-Shirt, 4th of July visor and assignments. There will be a volunteer wrap up meeting to recognize volunteers' efforts and evaluate parade outcome after the parade. 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