HomeMy WebLinkAbout05-193 Resolution No. 05-193
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP 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
Olufemi Folarin,City Manager,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 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 22, 2005
Adopted: June 22, 2005
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 vn.L, 2005, by and between the
DOWNTOWN NEIGHBORHOOD ASSOCIATION, an Ill ois 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 DNA has requested that the City co-sponsor the annual Fourth of July
Parade; and
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,Elgin Municipal Code Chapter 13.25 provides for co-sponsorship of special
events as set forth in the City of Elgin Special Event Co-sponsorship Guidelines; and
WHEREAS, the City's City Council has further determined that it is in the best interests
of the City to co-sponsor the Fourth of July Parade with the DNA in accordance with the terms
and conditions of this Co-sponsorship agreement.
WHEREAS, the DNA is ready, able and willing to provide said services and activities;
and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. The Cityshallpayto the DNA the sum of$13 680 on or before June 30, 2005 for the
planning and implementation of the City of Elgin Fourth of July Parade (hereinafter
referred to as"Event").
2. The DNA shall provide all services for organizing, promoting and conducting the Event
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 apply the aforementioned$13,680 solely to Event and directly associated
activities. Such parade shall be conducted in the City of Elgin on July 4th, 2005,
commencing at !.its a.m. at Douglas and Slade Ave, continuing south on Douglas
Avenue and ending at Highland Avenue, Elgin, Illinois.
4. The DNA shall provide a written report detailing the disbursement of the $13,680. This
report shall be provided to the City Council by August 15, 2005, and shall include all
expenditures associated with the Event. This report shall be submitted to the City
Manager's Office,City Hall, 150 Dexter Court, Elgin,IL 60120.
5. The City shall have the right to review all accounting records related to the use of the
$13,680 provided for herein.
6. DNA shall 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 $1,000,000 combined single limit per occurrence
for bodily injury and property damage with a general aggregate limit of not less than
$2,000,000. This insurance shall apply as primary insurance with respect to any other
insurance or self-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 so as to be primary
respect to the City.
7. City shall be responsible for 15 port-o-lets, 4 handwashing units, installation and removal
of barricades, street sweeping, and 25 police officers to assist with the security of the
Event.
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.
15. In the event the Event is cancelled and not rescheduled the DNA shall refund to the Cis
the funds paid hereunder for any activity not conducted upon thirty (30) days written
demand by City. This agreement shall terminate December 31, 2005; provided,
however, that City may terminate this agreement before December 31, 2005 for any or no
reason in City's sole discretion. In the event City terminates this agreement prior to
December 31, 2005, DNA shall refund to City any funds paid by City pursuant to this
agreement which have not been expended by DNA in performance of this agreement. In
the event of such termination by City, City shall have no liability to DNA for any
damages of any kind, either direct, indirect or consequential, and DNA hereby waives
any and all other recourse against City to which it may otherwise be entitled.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date
and year first written above.
City of Elgin Downtown Neighborhood Association
By .. .�... By
Attest:
W44-14-1^C.
City Clerk
Exhibit A
•
ELGIN'S 4TH OF JULY PARADE 2005- BUDGET PROJECTIONS
SOURCE AMOUNT DETAILS
Purchase of Service agreement $ 13,680.00 Purchase of Service Agreement
In-Kind City Services $ 14,674.00 Police, Public Works, and Parks labor and
equipment
DNA contributions $ 13,553.00 Funding from corporate sponsors, in-kind
contributions from volunteer time, donated
services and materials, advertising discounts,
etc.
TOTAL $ 41,907.00
ACTIVITY EXPENSE DETAILS
Entertainment $ 10,000.00 Bands and other paid entertainment
Promotion &Advertising - City Costs $ 3,680.00 Application/registration flier, banners,
posters,mailings, advertising ads/materials
Promotion & Advertising -DNA Costs $ 3,320.00 Program for the day of event, design
services, advertising ads/materials, etc.
Opperational Support by DNA $ 8,233.00 Event insurance, staff time, office supplies&
equipment
Volunteer Materials -DNA $ 2,000.00 shirts,visors, refreshments/breakfast, water,
recognition cards/mailing
TOTAL $ 27,233.00
CITY OF ELGIN IN-KIND SUPPORT
ACTIVITY EXPENSE DETAILS
Port-o-lets $ 1,625.00 II regular, 4 handicapped,4 handwashing
units
Public Works labor $ 944.00 37 man hours to install&remove barricades
Public Works equipment $ 439.00 cost for use of barricades
Street sweeping $ 313.00 includes labor& use of equipment
Parks Labor $ 1,728.00 4 workers to assist in set-up and clean-up of
the event for a period of 8 hours
Police Labor $ 9,625.00 25 officers to assist with the security of the
event for a period of 7 hours
TOTAL $ 14,674.00
IP
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� 4'' • y City of Elgin Agenda Item No.
• 4
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June 3, 2005 fi
TO: Mayor and Members of the City Council N
HLCticATI(�NAL LLISUHC
A,t.(-Ulf UHF..(JF.1'(Jtl'I LJNI IIE
FUH ALL C:111LF.NS
FROM: Olufemi Folarin, City Manager
RuthAnne K. Hall, Manageme Analyst
SUBJECT: Downtown Neighborhood Association Co-sponsorship Agreement — 4th of July
Parade
PURPOSE
The purpose of the memorandum is to provide information to the Mayor and members of City
Council to consider a Co-sponsorship Agreement with the Downtown Neighborhood Association
(DNA) for the 4th of July parade.
RECOMMENDATION
The purpose of the memorandum is to provide information to the Mayor and members of City
Council to consider a Co-sponsorship Agreement with the Downtown Neighborhood Association
(DNA) for the 4th of July parade in the amount of$28,354.
BACKGROUND
Since 2000, the DNA has carried the responsibility of the event planning and implementation of
the 4th of July parade held in the City's downtown. Historically the City has provided a cash
contribution as a co-sponsor for the event, plus assistance with labor and equipment from various
City departments.
As part of the revised Co-Sponsorship Application for Special Events, staff has reviewed the
request of the DNA to stage the parade again in 2005. The event will take place on Monday,
July 4th, beginning at 9:00 a.m. The event will commence at the corner of Douglas and Slade
Avenues and proceed south to the corner of Douglas and Highland Avenues.
The 2005 Municipal Budget includes $13,680 for the event planning and implementation of the
4th of July Parade. The $13,680 represents a $5,000 reduction in funds provided for last year's
event. The additional $5,000 granted in 2004 was to provide additional support in the promotion
of the City's sesquicentennial celebration. DNA will also be seeking additional funding for the
event from outside organizations. City funds will be applied to expenses related to securing
V . .
I`
"`.• DNA Co-sponsorship Agreement—4th of July Parade
N. June 3,2005
Page 2
marching bands, decorations, entertainment, promotion and other operational needs. DNA will
be responsible for providing an accounting of how the$13,680 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.
DNA has requested that the City provide in-kind services for the necessary labor and equipment
for the event. It is estimated that the labor and equipment costs for the event will total $14,674.
The following is a listing of the projected costs for the necessary labor and equipment.
1. Placement of barricades to block off streets from traffic. Estimated cost for the
equipment is $439. In addition, it is estimated that it will take approximately 37 man
hours to install and remove the barricades for the event at an approximated cost of$944.
The total estimated cost for the placement of barricades is$1,383.
2. Street Sweeping. Estimated cost for sweeping the street rior t and after the parade 183 for the use of equipment,is
estimated at$313,which includes $130 for the labor and $
3. Parks Labor. Estimated cost for four (4) workers to assist in set-up and clean-up of the
event for a period of eight(8)hours at a cost of$54 per hour is $1,728.
4. Police Labor. Estimated cost of twenty-five (25) officers to assist with the security for
the event for a period of seven(7)hours at a cost of$55 per hour is$9,625.
5. Port-o-lets and Handwashing Stations. Estimated cost for placement of 11 standard port-
o-lets ($75 each), 4 handicapped port-o-lets ($100 each), and 4 handwashing units ($100
each)is $1,625.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
INANCIAL IMPACT
The total cost of the Co-sponsorship Agreement with DNA is a not to exceed amount of$28,354.
Funds totaling $13,680 have been budgeted and are available for event planning and
implementation of the 4th of July Parade by DNA in account number 275-0000-791.80-36,
project number 030114. Police services will equal no more than $9,625 and will be charged to
the General Fund, Police Department Overtime Employee Earnings, account number 010-2308-
731-01-02, project number 030114 where sufficient funds exist to pay for the personnel related 1
overtime costs. A total of$5,049 will be allocated to the costs of port-o-lets, handwashing units,
street sweeping, barricades, and labor provided by the Public Works and Parks Departments for
the event. The General Fund,Misc. Services-City Co-sponsored Special Events,number account
o t0114 umber
project
010-0801-709.45-99 (budgeted $20,000 and available $20,000),
charged for these miscellaneous supplies.
DNA Co-sponsorship Agreement—4th of July Parade
June 3,2005
Page 3
vi\vL GAL IMPACT
None.
ALTERNATIVES
1. Approve the agreement with the Downtown Neighborhood Association to organize the
4th of July Parade for a not-to-exceed amount of$28,354.
2. Do not approve the agreement with the Downtown Neighborhood Association to
organize the 4th of July Parade for a not-to-exceed amount of$28,354.
Respectfully submitted for Council consideration.
RKH
Attachments