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HomeMy WebLinkAbout07-92 Resolution No. 07-92 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,carnival and festival in Elgin's Center City on May 3-6, 2007, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 11, 2007 Adopted: April 11, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolorma Mecum, City Clerk ' 1 Special Event Co-Sponsorship Agreement p p p THIS AGREEMENT made and entered into this day of April, 2007, 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"); p IP 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 3-6, 2007, to be conducted at the former Good Year Tire parking lot; Symphony Way and Douglas Ave. and the parking lot across from Ace Hardware on Spring Street; south of Kimball (hereinafter referred to theSpecialEvent");p g e as "Subject 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 - 1 - 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 DNA hereby agrees to hold a Carnival and Festival from May 3-6, 2007. The Carnival and Festival will be located the former Good Year Tire parking lot; Symphony Way and Douglas Ave. and the parking lot across from Ace Hardware on Spring Street; south of Kimball, Elgin, Illinois and shall be conducted between the hours of 5:00 p.m.-11:00 p.m. on Thursday, May 3, 5:00 p.m.-11:00 p.m. on Friday, May 4, 11:00 a.m. — 11:00 p.m. on Saturday, May 5, and 12:00 p.m. -10:00 p.m. on Sunday, May 6. 3. The DNA shall begin set-up on Tuesday, May 1, 2007 after 6:00 p.m. 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 6, 2007 and shall be completed by 7:00 a.m. on May 8, 2007. 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 - 2 - 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 City shall provide 14 police officers for the Parade on May 5, 2007 from 10:00 a.m. to 1:00 p.m. The costs for the police service for the City of Elgin shall not exceed $4,410.00. 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. 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. 7. The City shall provide and pay the costs for (3) Public Works personnel for the setup of barricades and street sweeping on May 5 from 8:00 a.m. to 12:00 Noon. The costs for the labor for the City of Elgin shall not exceed $740.00. 8. 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. 9. The DNA shall place a $200 meter deposit and receive a water meter which can be obtained from the Water Department. Once the meter is returned, there will be a fee reflected for the water which was used for the Carnival and Festival. DNA shall provide for the payment of one hundred percent (100%) - 3 - of the cost. 10. The City shall provide Windy City Amusements access to the fire hydrant to provide water for the cleaning of rides, equipment, and concessions area at no additional cost to DNA. 11. 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. 12. The City shall provide 12 trash and 12 recycling containers at no additional cost to the DNA for the subject event. 13. The DNA shall provide the City with written approval for use of the John and Linda Haight Property adjacent to the former Good Year Tire parking lot at least 10 days prior to the event. Without such approval, DNA shall not use such property. 14. The DNA shall use the following parade route: start at the Fulton Street Parking deck going west, continue going north on Spring Street and west on Symphony, finishing at the former Good Year Tire parking lot. 15. 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 -4- paragraph shall survive any termination and/or expiration of this Agreement. 16. 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. 17. In consideration of the DNA being solely responsible for conducting and clean up of the refuse generated from 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. 18. 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. 19. 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 3, 11:00 p.m. on Friday, May 4, 11:00 p.m. on Saturday, May 5 and 8:00 p.m. on Sunday, May 6, 2007. 20. 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 - 5 - regulations of the City, State and the United States, including but not limited to obtaining any other permits or approvals as required by law. 21. This Agreement shall not be deemed or construed to create any employment, joint venture, partnership or other agency relationship between the parties hereto. 22. 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. 23. 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. 24. 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 DOWNTO EIGHBO• P Z ASSOC. By __._ Ed Schock, Mayor Its /W O /94 - ' d7 02 Attest: Attest: City Clerk - 6- f OFEc' a City of Elgin Agenda Item No. °4rI TL D EEC 4 -4" '•',:,: 3%6 March 16, 2007 t 7' TO: Mayor and Members of the City Council /)�) 3 / r)0eat N(1 I,E1S{r li(d FROM: Olufemi Folarin, City Manager V. r:���,gat Upjrstr,t�, tes for 4 1C uz r Randy Reopelle, Parks and Recreation Director SUBJECT: Co-Sponsorship Agreement with the Downtown Neighborhood Association for the Cinco de Mayo Parade, Carnival and Festival 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 5, 2007. The parade is a part of the DNA's planned three and one-half day Cinco de Mayo Carnival and Festival to be held from May 3 until May 6, 2007, in the City-owned parking lot, formerly the Good Year Tire site, located at the northeast corner of Symphony Way and Douglas Avenue and the City-owned parking lot on Spring Street south of Kimball Street and across from Ace Hardware. RECOMMENDATION It is recommended that the City Council approve the co-sponsorship agreement with DNA for the Cinco de Mayo Parade in the amount not to exceed $3,308. It is also recommended that the City Council approve DNA's use of the City-owned former Good Year Tire parking lot at the northeast corner of Symphony Way and Douglas Avenue and the City-owned parking lot across from Ace Hardware on Spring Street south of Kimball for their Cinco de Mayo Carnival and Festival. BACKGROUND Representatives from the Downtown Neighborhood Association (DNA) submitted a proposal to the City to host a three and one-half day carnival and festival scheduled for May 3 — 6, 2007, and a parade on May 5, 2007. They requested the city-owned parking lot, formerly the Good Year Tire site, at the northeast corner of Symphony Way and Douglas Avenue, and the city-owned parking lot across from Ace Hardware on Spring Street south of Kimball be used as the carnival and festival site. The DNA is only requesting co-sponsorship for the May 5 parade. The DNA has secured the services of Windy City Amusements to provide a carnival for Thursday, May 3 (5:00 p.m. to 11:00 p.m.), Friday, May 4 (5:00 p.m. to 11:00 p.m.), Saturday, Co-sponsorship Agreement with the DNA for the Cinco de Mayo Parade, Carnival and Festival March 16, 2007 Page 2 May 5 (11:00 a.m. to 11:00 p.m.) and ending on Sunday, May 6(12:00 p.m. to 10:00 p.m.). The carnival shall consist of approximately 20 rides, games, and food concessions. On Thursday evening an unlimited ride special will be offered to the public and a limited number of free tickets will be provided to 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: 1. The City shall provide access to the City-owned former Good Year Tire parking lot at the northeast corner of Symphony Way and Douglas Avenue and the City-owned parking lot across from Ace Hardware on Spring Street south of Kimball for use as the site for the Carnival at no additional cost to DNA. 2. The DNA shall begin set up on Tuesday, May 1, 2007, after 6:00 p.m. 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, shall begin at the close of the Carnival operating hours on Sunday May 6, 2007, and shall be completed by 7:00 a.m. on May 7, 2007. 3. The DNA shall provide the City with written approval for use of the John and Linda Haight property in the middle of the city-owned former Good Year Tire parking lot at the northeast corner of Symphony Way and Douglas Avenue and the City-owned parking lot across from Ace Hardware on Spring Street south of Kimball. Without such approval, DNA shall not use such property. 4. The City shall provide fourteen (14) police officers for the Parade on May 5, 2007, 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. 5. The DNA shall cover one hundred percent (100 percent) of all costs associated with the City's police services for the Carnival and Festival, May 3-6, 2007. 6. 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 5 from 8:00 a.m. to 12:00 noon. The costs for the labor for the City of Elgin shall not exceed $662. 7. The City shall provide barricades to close off streets for the parade, the entrances into the City-owned former Good Year Tire parking lot at the northeast corner of Symphony Way and Douglas Avenue and the City-owned parking lot across from Ace Hardware on Spring Street south of Kimball at no additional cost. Co-sponsorship Agreement with the DNA for the Cinco de Mayo Parade, Carnival and Festival March 16, 2007 Page 3 8. 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 percent) of the cost. 9. The DNA shall place a $200 meter deposit and receive a water meter which can be obtained from the Water Department. Once the meter is returned, there shall be a fee charged for the water which was used for the Carnival and Festival. DNA shall provide payment of one hundred percent (100 percent) of the cost. 10. The City shall provide Windy City Amusements access to the fire hydrant to provide water for the cleaning of rides, equipment, and concessions area at no additional cost to the DNA. 11. The DNA shall provide one hand-washing unit, three standard and one handicapped port- o-lets and a 30-yard dumpster for the subject event, at no additional cost to the City. 12. The City shall provide 12 trash and 12 recycling containers at no additional cost to the DNA for the subject event. 13. The DNA shall use the following parade route: start at the Fulton Street Parking deck going west, continue to go north on Spring Street and west on Symphony Way, finishing at the former Good Year Tire parking lot. In the event that this route is affected by construction, a mutually agreed upon route will be determined by the City and DNA. 14. The City shall provide the use of the Fulton Street Deck for parade staging and parking accommodations for the eight (8) supply trucks of Windy City Amusements at the former Amy Plumbing Building on Grove Ave north of Kimball for no additional cost. 15. The DNA shall 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 OptINANCIAL IMPACT The cost of the Co-Sponsorship Agreement with DNA is not to exceed $3,308. Police services will equal no more than $2,646 and be charged to the General Fund, Police Overtime Employee Earnings, account number 010-2308-731.01-02, where sufficient funds exist to pay the personnel f Co-sponsorship Agreement with the DNA for the Cinco de Mayo Parade, Carnival and Festival March 16, 2007 Page 4 related overtime costs. Public Works personnel labor services will not exceed $662 and be charged to the General Fund, Public Works Department overtime salary account number 010- 3321-753.01-02, where sufficient funds exist to pay the personnel related overtime costs. The project number 099735 has been assigned to the Cinco de Mayo Event. vith)EGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve to co-sponsor with the Downtown Neighborhood Association for the Cinco de Mayo parade to be held on May 5 for an amount not to exceed $3,308.00 for Police and Public Works services. The Council may also choose to approve the Downtown Neighborhood Association's use of the city-owned former Good Year Tire parking lot at the northeast corner of Symphony Way and Douglas Avenue and the city-owned parking lot across from Ace Hardware on Spring Street south of Kimball for the Cinco de Mayo Carnival and Festival. 2. The Council may choose not to approve to co-sponsor with the Downtown Neighborhood Association for the Cinco de Mayo parade to be held on May 5 for an amount not to exceed $3,308.00 for Police and Public Works services. The Council may also choose not to approve the Downtown Neighborhood Association's use of the city-owned former Good Year Tire parking lot at the northeast corner of Symphony Way and Douglas Avenue and the city-owned parking lot across from Ace Hardware on Spring Street south of Kimball for the Cinco de Mayo Carnival and Festival. Respectfully submitted for Council consideration. bk attachment