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HomeMy WebLinkAbout05-241 Resolution No. 05-241 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 an Special Event Co-Sponsorship Agreement with the Downtown Neighborhood Association on behalf of the City of Elgin for a carnival on July 28-31, 2005, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 27, 2005 Adopted: July 27, 2005 Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this TTef day of July, 2005, by and between the CITY OF ELGIN,an 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,the DNA has proposed a special event in the form of a carnival from July 28-31, 2005, to be conducted at the old Library Parking Lot, 250 S. Grove Avenue, Elgin, Illinois (hereinafter referred to as the "Subject Special Event"); 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, DNA has requested that the City co-sponsor the Subject Special Event; and WHEREAS, the City has determined that the Subject Special Event will attract additional interest in the center city area and will assist in promoting further redevelopment of the city; and WHEREAS,the City's City Council has further determined that it is in the best interests of the City 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 Subject Special Event and promoting the further interest in redevelopment of the City's center city area pertains to the government and affairs of the City. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this Agreement,and for other good and valuable consideration,the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The City and the DNA hereby agree to co-sponsor the Subject Special Event from July 28 inclusive through July 31,2005. The Subject Special Event will be located at the old Library Parking Iot located at 250 Grove Avenue,Elgin,Illinois and shall be conducted between the hours of 5:00-10:00 p.m. on Thursday, July 28; 1:00-11:00 p.m. on Friday, July 29; 1:00- 11:00 p.m. on Saturday, July 30; and 1:00-10:00 p.m. on Sunday, July 31, 2005. 3. DNA shall apply for and obtain a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The City Manager shall provide all necessary signatures on the special event application to evidence the City's co-sponsorship of the Subject Special Event. Notwithstanding the City's co-sponsorship of the Subject Special Event, the DNA shall be solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 4. DNA shall be solely and strictly liable for the acts of its volunteers, officers and employees and DNA to the fullest extent permitted by law shall indemnify,defend,and hold harmless the City, its officers, 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 Subject Special Event or any acts or omissions of the DNA, its agents, volunteers or employees. Nothing herein shall diminish or obviate the DNA duty to defend the City. In the event of any action against the City or its officers,employees,agents, 2 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 provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 5. DNA shall also 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 programs afforded to the City. 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. DNA shall also provide and comply with all requirements of the Elgin Municipal Code. 6. In consideration of the DNA being solely responsible for conducting the Subject Special Event and for all costs associated with the subject special event as provided herein,the parties understand and agree that the DNA shall be entitled to retain any income received from the Subject Special Event. 7. In conjunction with the Subject Special Event permit application the DNA shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the Chief of Police in writing five (5) business days before the Subject Special Event. DNA shall provide for the payment of one hundred percent (100%) of the cost as determined by the City of the direct and reasonable costs incurred to provide police services for the Subject Special Event. The number of police officers and the duration of the special police detail for the special event shall be determined by the City's Chief of Police. 3 8. DNA at its sole cost shall publicize the location of all major parking areas where the patrons of the Subject Special Event shall park in all of its advertisements,flyers and posters regarding the Subject Special Event. 9. DNA at its sole cost shall apply for and obtain all necessary permits. Any entertainment and use of amplifiers shall be in compliance with all applicable laws and regulations,and shall end at 9:00 p.m. on Thursday, July 28, 11:00 p.m. on Friday, July 29, 11:00 p.m. on Saturday, July 30 and 9:00 p.m. on Sunday, July 31, 2005 at 8:00 p.m. 10. City shall be responsible for providing 5 port-o-lets, a 20 yard dumpster, 1 hand washing units, street sweeping services, and 20 cardboard garbage receptacles with trash bag liners. The DNA shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 11. 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 Subject Special Event from complying with all applicable laws and regulations of the City, State and the United States, including but not limited to obtaining any other permits or approvals as required by law. 12. This Agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. 13. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes with 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. The terms of this agreement shall be severable. If any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in full force and effect. 15. This agreement is the sole agreement between the parties hereto regarding Subject Special 4 Event. There are no other agreements, either implied or verbal, between the parties hereto regarding Subject Special Event. This agreement shall not be modified or amended without the written agreement between the parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN DOWNTOWN GHBORHOOD ASSOCIATION B By Ed Schock, Mayo Itsef Attest: Attest: City Clerk F:\Legal DeptAgr�..ny..nnDowntown Neighborhood Assn-Caznival.doc 5 ir`��of, ,�. .. l - . , ` ' City of Elgin Agenda Item No. ..,.:'' ,: ,�e TEDF�' E L. ` t. G July 8, 2005 I = N TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANC/CULTURAL OPPORTUNITIES F(' R A11 CITI7 FNS FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks & Recre tion Director SUBJECT: Co-Sponsorship Agreement with the Downtown Neighborhood Association to Host a Carnival on City Property 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 Downtown Neighborhood Association (DNA) to host a three and a half day carnival in Elgin's Center City scheduled for July 28-31, 2005. RECOMMENDATION It is recommended that the City Council approve the agreement with the DNA to organize a three and a half day carnival in Elgin's Center City scheduled for July 28-31, 2005 for a not to exceed amount of$1,485 in in-kind support. BACKGROUND Representatives from the Downtown Neighborhood Association (DNA) have submitted a proposal to the City to host a three and a half day carnival in Elgin's Center City scheduled for July 28-31, 2005. They have requested the old library parking lot be used as the event site. The DNA has secured the services of Windy City Amusements to provide a carnival for Thursday, July 28th (5:00 p.m. to 10:00 p.m.); Friday, July 29th (1:00 p.m.-11:00 p.m.); Saturday, July 30th (1:00 p.m.-11:00 p.m.) and ending on Sunday, July 31 S`(1:00 p.m. to 10:00 p.m.). The carnival will consist of approximately 20 rides, games, and food concessions. An unlimited ride special will be provided on Thursday evening and limited number of free tickets for various not- for-profit youth organizations. As part of the City's support for the event, a Special Event Co-Sponsorship Agreement is proposed. The main items of the agreement are as follows: V • . • ... Co-Sponsorship Agreement with the D.N.A. to Host a Carnival on City Property July 8, 2005 Page 2 1. The City will provide access to the old library parking lot for use as the site for the Carnival at no additional cost to DNA. Set up is to begin on Tuesday, July 26, 2005 to insure time for proper set up of rides and necessary safety checks by Windy City Amusements. Clean up of the site will begin at the close of the Carnival operating hours on Sunday, July 31, 2005 and will be completed by midnight. 2. The City shall provide police officers for event security during event hours: July 28 (5:00 p.m. to 10:00 p.m.), July 29 (1:00 p.m. to 11:00 p.m.), July 30 (1:00 p.m.-11:00 p.m.) and July 31(1:00 p.m. to 10:00 p.m.). The DNA shall pay 100% of the total cost for the police services. 3. The City will provide 1 hand washing unit($100), 4 standard port-o-lets ($300) and 1 handicap port-o-let ($100) for the event at a cost not to exceed $500 during the event. 4. The City will provide one twenty yard dumpster to be emptied no more than three times ($275 each occurrence) during the course of the event at a cost not to exceed $825. 5. City will provide the garbage cans and liners ($60) for the carnival. Windy City Amusements will be responsible for maintenance and proper disposal of the refuse generated from the event. 6. The City will provide Windy City Amusements access to the fire hydrant on GroveAvenue to provide water for the cleaning of the rides, equipment, and concessions area at an estimated cost of$100, with no additional cost to DNA 7. The City will provide barricades to close off the one (1) Kimball Avenue entrance and one (1) Grove Avenue entrance into the old library parking lot at no additional cost to the City. 8. The City will provide parking accommodations for the 8 supply trucks of Windy City Amusements at the former Public Works facility on S. Grove Avenue at no additional cost. 9. 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. V • Co-Sponsorship Agreement with the D.N.A. to Host a Carnival on City Property July 8, 2005 Page 3 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Downtown Neighborhood Association ftFINANCIAL IMPACT The total cost of the Co-sponsorship Agreement with DNA is not to exceed the amount of $1,485. The DNA will cover 100% of the police services. A total of$1,485 will be allocated to the costs of port-o-lets, hand washing units, water, garbage receptacles, and a 20 yard dumpster for the event. The General Fund, Misc. Services City Co-sponsored Special Events, account number 010-0801-709.45-99 (budgeted $20,000 and available $9,193), project number 030121 will be charged for these miscellaneous supplies. LEGAL IMPACT None ALTERNATIVES 1. Approve the agreement with the DNA to co-sponsor a three and a half day carnival in Elgin's Center City scheduled for July 28-31, 2005 for a not-to-exceed amount of$1,485 in in-kind support. 2. Do not approve the agreement with the DNA to co-sponsor a three and a half day carnival in Elgin's Center City scheduled for July 28-31, 2005 for a not-to-exceed amount of $1,485 in in-kind support. Respectfully submitted for Council consideration. JG Attachment