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Home My WebLink About06-0626 DNA v<OF tc:, City of Elgin Memorandum — . . . . ,„„,,,, ' Date- June 23, 2006 To: Olufemi Folarin, City Manager From: RuthAnne K. Hall, Neighborhood Services Committee Subject: Proposed DNA Carnival for June 30-July 4 The Downtown Neighborhood Association (DNA) submitted a special events application to host an All American Carnival and Fest for June 30 through July 4 in the former Gail Borden Library parking lot. DNA is not seeking co-sponsorship for the event; however, staff has prepared an agreement outlining the City services required and the recommendation that 100 percent of the costs as determined by the City be billed directly to DNA. The estimated costs that will be billed to DNA for the Carnival are as follows: • Police Services: 125 man hours at a cost of$59 per hour for a total of $7,375 • Fire Inspection: 2 man hours at a cost of $55 per hour plus an additional $20 for the use of a fire vehicle for a total of$130 * Public Works: Three (3) Public Works personnel for the set up of barricades and street sweeping for a cost of $874.80. A copy of the signed agreement is attached. 1 SPECIAL EVENT AGREEMENT THIS AGREEMENT made and entered into this A b�µ day of June, 2006, 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 operates the Downtown Parade, Carnival and Festival, of 2 Douglas Avenue,Elgin,Kane County, Illinois; and WHEREAS, the DNA has proposed a special event in the form of a parade, festival and carnival from June 30 — July 4, 2006, to be conducted at the Old Library Parking Lot,250 S. Grove Ave. (hereinafter referred to as the "Subject Special Event"); and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for special events as set forth in the City of Elgin Special Event Guidelines; 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 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 shall provide for(3) Public Works personnel for the setup of barricades and street sweeping to prepare the site. 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 street sweeping and barricades for the Carnival and Festival. 3. The City shall provide for one fire inspection by the Fire Marshall of all carnival rides. 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 fire inspection services for the Carnival and Festival. 4. The DNA hereby agrees to hold a Carnival and Festival from June 30 — July 4, 2006. The Carnival and Festival will be located at the Old Library Parking lot located at 250 S. Grove Avenue, Elgin, Illinois and shall be conducted between the hours of 5:00 p.m.-11 p.m. on Friday, June 30, 12:00 p.m.-11:00 p.m. on Saturday, July 1, 12:00 p.m. — 11:00 p.m. on Sunday, July 2, 12:00 p.m. -11:00 p.m. on Monday, July 3, and 11 a.m. — 7:00 p.m. on Tuesday, July 4.. The DNA shall apply for and obtain a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The DNA shall be solely responsible for conducting the Subject Special Event and for all costs associated with the Carnival and Festival, including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 5. The 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, 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. 6. In consideration of the DNA being solely responsible for conducting and clean up of 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 City's 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 Carnival and Festival. 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. 8. 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 Friday, June 30, 9:00 p.m. on Saturday, July 1, 9:00 p.m. on Sunday, July 2, 9:00 p.m. on Monday, July 3, and 7:00.p.m. on Monday,July,4, 2006. 9. 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 appro✓als as required by law. 10. This Agreement shall not be deemed or construed to create any employment,joint venture,partnership or other agency relationship between the parties hereto. . .r ' 11. 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. 12. 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. 13. This agreement is the sole agreement between the parties hereto regarding Subject Special 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. CIT I F DOWNT NEIG ORHOOD ASSOC. By___ .+ By t ern' Folarin, ity Manager Its *er,,,e) Attest: Attest: City Clerk