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HomeMy WebLinkAbout07-180 Resolution No. 07-180 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR THE ELGIN CYCLING CLASSIC BIKE RACE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,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 Elgin Cycling Classic Bike Race,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 11, 2007 Adopted: July 11, 2007 Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMEN�T, THIS AGREEMENT is hereby made and entered into this ``y�day of July 2007, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and the Downtown Neighborhood Association, an Illinois corporation (hereinafter referred to as"DNA"). WITNESSETH WHEREAS, the DNA operates the Elgin Cycling Classic, of 2 Douglas Avenue, Elgin, Kane County, Illinois; and WHEREAS, the DNA has proposed a special event in the form of a race on August 5, 2007, to be conducted in the Downtown Area approved by the City manager's office (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. WHEREAS, City and DNA have each determined it to be in their best interests to conduct an organized bicycle racing event within the City(hereinafter referred to as"Event"). 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 foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The DNA shall provide all services, including but not limited to, administrative services, production, recruitment of contestants, advertising, securing sponsors, on-site management and organization, coordination of volunteers, marketing, providing for sanctioned officiating, coordination with applicable governing sport bodies, trash removal, race site clean up, and staff management reasonably necessary and to the best of its ability to conduct Event which shall occur on August 5, 2007. The Event shall proceed pursuant to the route that is approved by the City Manager's Office. 3. 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 Elgin Cycling Classic, including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 4. The City in consideration for DNA conducting Event shall pay DNA the total sum of$15,000. City shall pay to DNA a deposit of$15,000 by July 26, 2007. 5. The City shall provide street closure barricades, street closing notices, necessary municipal facilities, police, street sweeping, traffic rerouting and no parking signs as appropriate in City's sole discretion for a not-to-exceed amount of$16,335.40. 6. 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. The number of police officers and the duration of the special police detail for the subject special event shall be determined by the City's Chief of Police. 7. The DNA shall employ reasonable efforts to secure event sponsorships to provide additional funding for the Subject Special Event. DNA shall use its best efforts to conduct fund raising to defray expenses of whatsoever nature associated with or arising out of Event. DNA agrees to secure a minimum of $13,500 in sponsorships and report all revenues and final expense costs to the City of Elgin immediately following, and no more then 30 days after, the subject special event through a final budget. In the event there is a surplus of funds (total revenues minus total expenses excluding in-kind contributions); the City shall be reimbursed a maximum of$15,000 within 30 days after the subject special event. 8. The DNA shall respond to all inquiries from the Subject Special Event participants. 9. The DNA shall provide for all volunteer marshals. 10. 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. 11. The DNA shall provide for all reasonably necessary Event organization and conduct except as otherwise specifically provided herein, including but not limited to hospitality services and exhibit areas provided in conjunction with Event. 12. The DNA shall provide all hotel rooms and accommodations as required for Event officials, DNA, its employees,agents and volunteers. 13. The DNA shall recognize the City as a sponsor of Subject Special Event and shall receive the benefits of sponsorship consistent with the level of support provided. At minimum, the City's support shall be acknowledged in print materials promoting the organization or event, radio advertising, Web page information and event program(s). Three samples of this acknowledgment shall be provided to the City for its prior approval. A logo provided by the City shall be used for this purpose. 14. The 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. 15. DNA shall solely be responsible for conducting and cleaning-up of the refuse generated from the Subject Special Event. Any costs associated to the clean-up after the event the City should occur shall be billed to DNA. 16. The DNA shall provide City with a certificate of general liability insurance naming the city as primary, noncontributory coinsured 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). Such certificate shall provide that the insurance shall not be terminated or renewed for any reason without thirty (30) days' advance written notice to the city. 17. This agreement or any part thereof will not be assigned or transferred by DNA to any person, firm, corporation, or partnership that acquires ownership or management of DNA. 18. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties. 19. The failure of either party hereto to comply with the terms and conditions hereof because of force majeure such as an act of God, strike, war, fire, earthquake, act of public enemies, action of federal or state authorities or for any reason beyond the reasonable control of such party, shall not be deemed as a breach of this agreement. 20. In the event DNA breaches this agreement or any material term or provision thereof, DNA shall refund any funds paid by City to DNA upon 30 days written notice. DNA shall not be entitled to any funds from City in the event of such a breach and the City may pursue all relief available to it under the law as a result of any DNA breach of this agreement. 21. The City may terminate this agreement for any reason. In the event City terminates this agreement for any reason other than breach by DNA or force majeure City shall be required to provide DNA with fourteen (14) days written notice of such termination. In the event City terminates this agreement for any reason other than breach by DNA, DNA shall within thirty (30) days from the notice of termination return all funds paid hereunder by the City not expended by DNA as of the date of the notice of termination. 22. DNA shall hold harmless, defend and indemnify City, its agents, employees, volunteers and assigns from and against any and all causes of action, suits, claims for damages, and any and all other liability of whatsoever nature arising out of or in connection with DNA or its agents, employees or volunteers, negligent or reckless performance of this agreement. In the event of any action against City, its officers, employees or agents covered by the foregoing duty to indemnify, hold harmless and defend, such action shall be defended by counsel of City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 23. 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. 24. The terms of this agreement shall be severable. In the event of 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. 25. This agreement is the sole agreement between the parties hereto. There are no other agreements, either written or oral, which modify or affect the terms of this agreement. This agreement shall not be modified or amended without the written agreement of the parties hereto. 26. Time is of the essence of this agreement. IN WITNESS THEREOF, the parties hereto have executed this agreement as of the day and written below. Agreed and accepted on this day of , 2007. City Of Elgin D owntow N oo ss t B B n anOlu City er Attest: City Clerk