HomeMy WebLinkAbout06-90 Resolution No. 06-90
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A CINCO DE MAYO
PARADE, CARNIVAL AND FESTIVAL
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 Cinco de Mayo parade to be held on May 6,2006,and
for a carnival and a festival to be held from May 4, 2006 through May 7, 2006, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 26, 2006
Adopted: April 26, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 4
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this ;Z V,I day of April, 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 May 4-7, 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 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
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 5
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 shall provide 14 police officers for the Parade on May 6, 2006 from 10:00 —
1:00 p.m. The costs for the police service for the City of Elgin shall not exceed
$2,646.00.
3. The City shall provide and pay the costs for (3) Public Works personnel for the setup of
barricades and street sweeping on May 6 from 8:00 a.m. to 12:00 Noon. The costs for the
labor for the City of Elgin shall not exceed$874.80.
4. The DNA hereby agrees to hold a Carnival and Festival from May 4-7, 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.-
10:00 p.m. on Thursday, May 4, 5:00 p.m.-11:00 p.m. on Friday, May 5, 12:00 p.m. —
11:00 p.m. on Saturday, May 6, and 12:00 p.m. -10:00 p.m. on Sunday, May 7. The DNA
shall apply for and obtain a special event permit as provided for under Elgin Municipal
JI
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 6
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. 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.
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 7
7. 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.
8. 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.
9. DNA at its sole cost shall publicize the location of all major parking areas in all of its
advertisements, flyers and posters regarding the Subject Special Event.
. 10. 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 8:00 p.m. on Thursday, May 4, 11:00 p.m. on Friday, May 5, 11:00 p.m. on
Saturday, May 6 and 8:00 p.m. on Sunday,May 7, 2006.
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.
•
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 8
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 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 DO WN NEI BORHOOD ASSOC.
By -,y ..',G. By �l
Ed Schock, Mayor Its � I
Attest: Attest:
119/10/1"',It
I --
City Clerk
• l • C -
E
L
April 7, 2006 `
G
TO: Mayor and Members of the City Council nJ
FROM: Olufemi Folarin, City Manager RECREATIONAL LEISURE
ANO CULTURAL OPPORTUNITIES
FOR Al.l.,IT17ENS
Randy Reopelle,Parks &Recreation Director
SUBJECT: Co-Sponsorship Agreement with the Downtown Neighborhood Association to
Host a Cinco de Mayo Parade, Carnival and Festival 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 conduct a parade on May 6, 2006 as a part of their planned
three and a half day Cinco de Mayo Carnival and Festival to be held in the former Gail Borden
Library parking lot May 4-7,2006.
RECOMMENDATION
It is recommended that the City Council approve the co-sponsorship agreement with the DNA
for the Cinco de Mayo parade for a not-to-exceed amount of$3,520.80 of in-kind support for
Police services and Public Works services. It is also recommended that the City Council approve
DNA's use of the former Gail Borden Library parking lot as the site for their Cinco de Mayo
carnival.
BACKGROUND
Representatives from the Downtown Neighborhood Association (DNA) have submitted a
proposal to the City to host a three and a half day carnival and festival scheduled for May 4-7,
2006 and a parade on May 6, 2006. They have requested the former Gail Borden Library parking
lot be used as the carnival and festival site. The DNA is only requesting co-sponsorship of the
May 6 parade.
The DNA has secured the services of Windy City Amusements to provide a carnival for
Thursday, May 4th (5:00 p.m. to 10:00 p.m.), Friday, May 5th (5:00 p.m. to 11:00 p.m.),
Saturday, May 6th (12:00 p.m. to 11:00 p.m.) and ending on Sunday, May 7th (12:00 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.
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 2
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:
1. The City will provide access to the former Gail Borden Library parking lot for use as the
site for the Carnival at no additional cost to DNA. Set up is to begin on Tuesday, May 2,
2006 to insure time for proper set up of rides and necessary safety checks by Windy City
Amusements. Clean up of the site, by Windy City Amusements, will begin at the close of
the Carnival operating hours on Sunday May 7, 2006 and will be completed by 7:00 a.m.
on May 8.
2. The City shall provide fourteen (14) police officers for the Parade on May 6, 2006 from
10:00 a.m. to 1:00 p.m. The costs for the police service for the City of Elgin shall not
exceed $2,646.00.
3. The City shall cover costs to provide three (3) Public Works personnel for the set up of
barricades and street sweeping for the Parade on May 6 from 8:00 a.m. to 12:00 noon.
The costs for the labor for the City of Elgin shall not exceed $874.80.
4. The DNA shall provide hand-washing units, standard and handicapped port-o-lets and a
30-yard dumpster for the subject event, at no additional cost to the City.
5. The DNA shall cover all costs associated with the City's police services for the Carnival
and Festival, May 4-7, 2006. All associated costs shall be covered by the DNA at 100%.
6. The City shall provide 12 trash and 12 recycling containers at no additional cost to the
DNA for the subject event.
7. Windy City Amusements will be responsible for maintenance and proper disposal of the
refuse generated from the subject event.
8. The City shall provide Windy City Amusements access to the fire hydrant on South
Grove Avenue to provide water for the cleaning of rides, equipment, and concessions
area at no additional cost to the DNA.
9. 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.
10. The City will provide parking accommodations for the eight (8) supply trucks of Windy
City Amusements at the former Public Works facility on S. Grove Avenue at no
additional cost to the DNA.
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 3
11. 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
FINANCIAL IMPACT
The total cost of the Co-sponsorship Agreement with DNA is not to exceed the amount of
$3,520.80. Police services will equal no more than $2,646.00 and be charged to the General
Fund, Police Department Overtime Employee Earnings, account number 010-2308-731.01-02,
where sufficient funds exist to pay for the personnel related overtime costs. Public Works
personnel labor services will not exceed $874.80 and be charged to overtime salary account
number 010-3321-753.01-02. The project number 039679 has been assigned to the Cinco de
Mayo Event.
LEGAL IMPACT
None.
ALTERNATIVES
1. Approve the agreement with the DNA to co-sponsor the Cinco de Mayo parade to be held
on May 6 for a not-to-exceed amount of$3,520.80 of in-kind support for Police services
and Public Works services and also approve their use of the former Gail Borden Library
parking lot for the carnival site.
2. Do not approve the agreement with the DNA to co-sponsor the Cinco de Mayo parade to
be held on May 6, 2006 for a not-to-exceed amount of$3,520.80 of in-kind support for
Police services and Public Works services and do not approve their use of the former Gail
Borden Library parking lot for the carnival site.
Respectfully submitted for Council consideration.
PM
Attachment
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 4
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this day of April, 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");
WITNES SETH
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 May 4-7, 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 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
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 5
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 shall provide 14 police officers for the Parade on May 6, 2006 from 10:00 —
1:00 p.m. The costs for the police service for the City of Elgin shall not exceed
$2,646.00.
3. The City shall provide and pay the costs for (3) Public Works personnel for the setup of
barricades and street sweeping on May 6 from 8:00 a.m. to 12:00 Noon. The costs for the
labor for the City of Elgin shall not exceed $874.80.
4. The DNA hereby agrees to hold a Carnival and Festival from May 4-7, 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.-
10:00 p.m. on Thursday, May 4, 5:00 p.m.-11:00 p.m. on Friday, May 5, 12:00 p.m. —
11:00 p.m. on Saturday, May 6, and 12:00 p.m. -10:00 p.m. on Sunday, May 7. The DNA
shall apply for and obtain a special event permit as provided for under Elgin Municipal
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 6
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. 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.
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 7
7. 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.
8. 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 by special event shall be determined the City's Chief of Police.
pY
9. DNA at its sole cost shall publicize the location of all major parking areas in all of its
advertisements, flyers and posters regarding the Subject Special Event.
10. 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 8:00 p.m. on Thursday, May 4, 11:00 p.m. on Friday, May 5, 11:00 p.m. on
Saturday, May 6 and 8:00 p.m. on Sunday, May 7, 2006.
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.
Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property
April 7, 2006
Page 8
12. This Agreement shall not be deemed or construed to create any employment, joint
venture, partnershi or other agency relationship between the parties here
to.
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 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 NEIGHBORHOOD ASSOC.
By By
Ed Schock, Mayor Its
Attest: Attest:
City Clerk