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HomeMy WebLinkAbout09-0805 Asian Community Network 0c1-OTS0 S 4Co-sponsorship Special Event Agreement with ACN to Host a Festival on City Property As a,,,i Cov41•10 July 27, 2009 1� � Page 1 ►VV SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this S4AA day of August, 2009, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the Asian Community Network, an Illinois not-for-profit organization (hereinafter referred to as "ACN"). WITNESSETH WHEREAS, the ACN is a local not-for-profit organization with a mailing address of P.O. Box 5423, Elgin, Kane County, Illinois; "and", WHEREAS, the ACN has proposed a special event in the form of a Festival on Saturday, September 5, 2009, to be conducted at Festival Park located 132 S. Grove Ave., Elgin, Illinois (hereinafter referred to as the "Subject Special Event"); "and", WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of special events between the City and certain organizations; "and", WHEREAS, ACN meets the criteria established by the Elgin Municipal Code for eligibility for co-sponsorship of special events; "and", WHEREAS, ACN 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 J., interest in the downtown area and will assist in promoting further redevelopment of the downtown area; "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 ACN 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", - 1 - '•Co-sponsorship Special Event Agreement with ACN to Host a Festival on City Property July 27, 2009 Page 2 WHEREAS, the co-sponsorship of the Subject Special Event and promoting further interest in redevelopment of the City's downtown 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 ACN hereby agrees to hold a Festival on Saturday, September 5, 2009. The Festival will be located at Festival Park, located at 132 S. Grove Ave., Elgin, Illinois and shall be conducted between the hours of 12:00 p.m.-10:30 p.m. 3. ACN shall apply for and obtain a special event permit as provided for under Elgin Municipal Code Chapter 13.25 for the Subject Especial Event. 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 parties hereto understand and agree that the ACN 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. ACN 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 for the Subject Special Event. 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. "The certificate of insurance - 2 - R Co-sponsorship Special Event Agreement with ACN to Host a Festival on City Property July 27, 2009 Page 3 shall provide that the insurance shall not be terminated or reduced for any reason without thirty(30) days advance written notice to the City." 5. ACN at its sole cost shall apply for and obtain a Class I liquor license for the entire subject special event as provided for herein. The City Manager shall provide all necessary signatures on such liquor license application to evidence the City's co- sponsorship of the liquor license. ACN shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. ACN shall also provide, without cost to the City, the dram shop insurance required pursuant to Elgin Municipal Code Section 13.25.080 naming the City as a coinsured with limits of not less that $1,000,000 with such proof of insurance stating that it shall not be terminated or suspended without at least thirty(30) days prior written notice to the City. All alcohol sales shall end no later than 11:00 p.m. on Saturday, September 5, 2009. 6. In conjunction with the Subject Special Event permit application the ACN 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 event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify • persons 21 years of age or older authorized to purchase and consume alcohol. The City shall provide for 2 police officers to provide police services for the Subject Special Event, and shall be responsible for the direct and reasonable costs thereof; provided, however, that the total costs to be borne by the City for such police services shall not exceed $1,500. Such security plan shall also include the ACN providing at its sole cost between 2 to 3 additional private security staffs at the Subject Special Event during the hours of 12:00 p.m. to 10:00 p.m. on Saturday, September 5, 2009. 7. Alcohol will be sold on Saturday, September 5, 2009, from 12:00 p.m. to 10:00 p.m. 8. The City shall provide fire and health'inspections and such other inspection services as are required for the food preparation and tent structures. ACN shall provide for the - 3 - Co-sponsorship Special Event Agreement with ACN to Host a Festival on City Property July 27, 2009 Page 4 payment of one hundred percent (100%) of the direct and reasonable costs, as determined by the City, incurred to provide such fire inspection and other inspection services for the Subject Special Event. 9. In consideration of the ACN being solely responsible for conducting and for clean-up of any refuse generated by the Subject Special Event and for all costs associated therewith, the parties understand and agree that the ACN shall be entitled to retain any income received from the Subject Special Event. 10. ACN at its sole cost shall apply for and obtain all necessary permits for the entire subject special event as provided for herein. Any entertainment and use of amplifiers shall be in compliance with all applicable laws and regulations, and shall end no later than 11:00 p.m. on Saturday, September 5, 2009. 11. The ACN shall provide a sound check at 12:00 p.m. on Saturday, September 5`h, 2009 to determine with the police the appropriate sound level of music for the duration of the Subject Special Event. Both parties will sign-off to the appropriate sound level. The Police Department will have the authority to lower the sound level or shut down the music at anytime during the event. 12. ACN shall be strictly liable for the acts of its volunteers, officers and employees and ACN 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 ACN, its agents, volunteers or employees. Nothing herein shall diminish or obviate the ACN 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. - 4 - -. ' - , - : - '. .- .. _.. 'Co-sponsorship Special Event Agreement with ACN to Host a Festival on City Property July 27, 2009 Page 5 13. ACN 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 Events. 14. In consideration of the ACN 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 ACN shall be entitled to retain any income received from the Subject Special Event. 15. ACN shall provide hand-washing units, standard and handicapped port-o-lets, grease containers, and a 20-yard dumpster for the subject event, at no additional cost to the City. ACN shall pay for one hundred percent (100%) of the costs for such hand- washing units, standard and handicapped port-o-lets, grease containers and 20-yard dumpster." 16. The City shall provide 20 trash and 20 recycling containers at no additional cost to the ACN for the subject event. 17. The City shall provide, at its sole cost, two (2) Land Management Division staff for clean-up and facilitating water and electricity on Festival Park. The total costs to be borne by the City for such Land Management Division staff services shall not exceed $1,500." The City's total costs for the Subject Special Event shall not exceed $3,000.00, which shall be applied solely as set forth in this Agreement. In the event that the City incurs costs in excess of any of the amounts seth forth in this Agreement, ACN shall pay such excess costs to the City upon thirty(30) days written demand. 18. Nothing contained in this Agreement shall be construed to relieve the ACN, 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. 19. This Agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. - 5 - • 'Co-sponsorship Special Event Agreement with ACN to Host a Festival on City Property July 27, 2009 Page 6 20. 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. 21. 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. ACN may not assign, transfer, delegate or offer for resale any of the rights or obligations set forth in this Agreement without the written consent of the City. 22. In no event shall the City be liable for monetary damages, including, but no limited to, compensatory, consequential or incidental damages or attorney's fees, arising from or in any way related to any breach or other violation of the terms of this Agreement. No official, director, officer, agent or employee of City shall be charged personally or held contractually liable under any term or provision of this Agreement because of their execution, approval or attempted execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. It is agreed and understood that the services referred to in this Agreement to be provided by the City are general services only and that no special duties or obligations are intended nor shall be deemed or construed to be created by this Agreement. It is further agreed and understood that this Agreement is not intended or shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded the City and/or its officials, officers, employees, and/or agents pursuant to the Local Governmental and Governmental Tort Immunities Act at 745 ILCS 10/1-101 et seq., as amended, and/or otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Act, as amended, and/or otherwise provided by law, shall fully apply to any and all - 6 - t Co-sponsorship Special Event Agreement with ACN to Host a Festival on City Property July 27, 2009 Page 7 claims asserted or which might be asserted against the City and/or its officials, officers, employees, and/or agents as a result of this Agreement or any of the actions of the City or its personnel pursuant to this Agreement. Without limiting the foregoing, it is further agreed and understood that the City and its officials, officers, employees, and/or agents as a result of this Agreement or anyof the actions of the Cityor itspersonnel pursuant to �' this person or entity for failure to provide adequate police protection or service, failure to prevent the commission of crimes, failure to detect or solve crimes and/or fail to identify or apprehend criminals. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that no third party beneficiaries are intended to be created by the provisions of this Agreement and it is the intention and Agreement of the parties hereto that no action may be commenced by the ACN or any other person or entity against the City and/or any of the City's officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breached or failure to provide services described in this Agreement. CITY GIN Asian ommunity Network BY W"',47 BY ��.�� t k OL <1_ 1, City Manager Itsce/1��� i6TAt ST • Attest: Attest: City Clerk - 7 - a a SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT is hereby made and entered into this (17 'flay of December 2008, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and Elgin Wine Festival, LLCEWF, an Illinois limited liability company corporation(hereinafter referred to as ("EWF"). WITNESSETH WHEREAS, EWF and or its affiliates has experience in promoting and conducting Wine Festivals; and WHEREAS, EWF has proposed a wine festival to be held on May 23, 2009, to be conducted in Festival Park, Elgin, Illinois approved by the City manager's office (hereinafter referred to as the "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, EWF has requested that the City co-sponsor the Event; and WHEREAS, the City has determined that the 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 Event with EWF 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 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 EWF have each determined it to be in their best interests to conduct the Elgin Wine Festival 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. EWF shall provide the following services and equipment: overall planning and coordination of the event, administrative services, production, recruitment of vendors, advertising, securing sponsors, ticket sales, on-site management and organization, coordination of vendors and volunteers, marketing, and staff management reasonably necessary and to conduct the Event which shall occur on May 23, 2009. The foregoing obligations are limited to the cash amounts set forth in the budget outlined in Attachment A attached hereto and made a part hereof. 3. EWF in conjunction with the City shall apply for and obtain a special event permit as provided for under Elgin Municipal Code Chapter 13.25. EWF shall be responsible for conducting the Event. 4. The City shall provide those services and equipment as outlined in attachment A including on site parks workers, the site, inspections, photographer, police, porto lets/sinks, public relations services, trash removal, on site clean-up the recruitment of not less than forty (40) volunteers, security, sound equipment, stage, tents, tables, chairs and lighting in such quantity and quality as to permit EWF to properly conduct the Event and discharge its obligations hereunder. 5. The City agrees that no additional wine festivals shall take place in Festival Park during 2009. 6. In conjunction with the Event permit application EWF 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. EWF shall be paid a non-refundable fee of$9,500.00 within 30 days of execution of this Agreement. Revenues received from the Event shall be disbursed as follows. First, $40,000 to EWF in accordance with Attachment A. Second, to reimburse the City for expenses incurred in conducting the Event in accordance with Attachment A. Third, to reimburse EWF for its expenses in accordance with Attachment A. Fourth, to the NISRA Foundation up to $10,000. All remaining revenues are to be divided up among EWF, NISRA and the City's Youth Scholarship Program in the following proportions 50% to EWF, 25% to NISRA 25%to City Youth Scholarship Program. The City and EWF shall meet within 15 days after the Event to review all Event revenues and expenses and finalize the revenue distributions as outlined above which shall be paid within 5 days of such meeting. 8. EWF shall respond to all reasonable inquiries from the Subject Special Event's vendors and the general public. 9. EWF shall have the right to cancel the Event without liability of any kind prior to January 31, 2009 if in its sole discretion; it believes there are not enough sponsors to adequately fund the Event. In the event of Event cancellation, EWF shall be reimbursed by the City all expenses related to the Event that EWF has incurred up to that point in time. 10. EWF shall be liable for the negligent acts of its, officers and employees and EWF 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 EWF's breach of any obligation under this Agreement or any negligent acts or omissions of EWF, its agents, volunteers or employees. Except with respect to the negligence or wrongful acts of the City, its officers, employees and agents, or City's breach of any obligation under this Agreement, nothing herein shall diminish or obviate EWF's 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 who shall also be acceptable to EWF. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 11. EWF shall recognize the City as a sponsor of the Event. At minimum, the City's support shall be acknowledged in print materials promoting the Event, radio advertising, Web page information and event program. NISRA shall be recognized as the official charity of the Event and shall be shall be acknowledged in print materials promoting the Event, radio advertising, Web page information and Event program. 12. EWF shall publicize the location of all major parking areas in downtown Elgin in all appropriate advertisements, flyers and posters regarding the Subject Special Event. 13. EWF 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. 14. This Agreement or any part thereof will not be assigned or transferred by EWF to any person, firm, corporation, or partnership except to an affiliate of EWF. 15. This Agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties. 16. 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. 17. The City may terminate this agreement for any reason. In the event City terminates this agreement for any reason other than breach by EWF or force majeure City shall be required to provide EWF with thirty (30) days written notice of such termination. In the event City terminates this agreement for any reason other than breach by EWF, EWF shall be reimbursed by the City all expenses and liabilities related to the Event that EWF has incurred up to that point in time including but not limited to any cancellation fees or damages to which EWF is liable to third parties. EWF shall also be entitled to retain its $9,500 fee. 18. EWF 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 EWF 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 who shall also be acceptable to EWF. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 19. 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. 20. 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. 21. 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. 22. 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. c " ' day Agreed and accepted on this of December, 2008 Ci f E ' Elgin Wine Festival, LLC By B� Olufemi o anageme , c., Manager City Manag By: Attest: ager City Clerk ELGIN Wine Festival 2009 Budget-Attachement A Revenues Title Sponsor $ 20,000 Stage Sponsors $ 5,000 Official &Vendors $ 15,000 Hospitality $ 10,000 Wine Vendor Booth Sales $ 15,000 Food Booth Sales $ 5,000 Drink Sales $ 2,000 Ticket Sales $ 85,000 a@$25:2000(a�$30 Total Revenue $ 157,000 Total Expenses $ 78,671 Net $ 78,329 inPLAY Guarantee $ 40,000 NISRA donation $ 10,000 Profit $ 28,329 share 50/25/25 by InPlay, NISRA, Elgin Youth Scholarship Expenses In Play City Accounting Fees $ 500 Advertising $ 7,500 Ambulance $ - will be there, but on call Clean-up $ 1,600 parks workers (volunteers) Controlled Pourers $ 250 Design Work $ 4,000 Facility Costs $ 200 park rental FedEx $ 200 Fencing $ 3,000 Generator/Electric Golf Carts $ 1,000 gator present Ice $ 1,000 In Play Fee $ 9,500 Insurance $ 4,100 Legal Fees $ 1,000 Mailing/Shipping $ 500 Mobile Mini $ 218 Permits/Inspections $ 320 Personnel $ 4,500 Phone $ 500 Photographer $ 250 NISRA Police $ 1,300 Porto lets/Sinks $ 1,200 PR Services $ 5,000 NISRA Printing—brochure $ 250 Printing —DD Drink Tix $ 60 Printing— Drink tickets $ 650 Printing—postcards $ 368 Printing —posters $ 512 Printing—program guide $ 2,000 Printing —tickets $ 970 Printing—Vendor Badges $ 110 Sales Commissions $ 1,000 As of 12/4/2008 3:02 PM ELGIN Wine Festival 2009 Budget-Attachement A Security $ 600 Signage $ 1,200 Soda cost $ 100 Sound $ 2,500 Souvenir Glasses $ 5,640 Stage $ 2,250 Talent $ 3,000 Table Covers $ 378 Tents/Tables/Chairs/Lighting $ 8,000 Trash containers/dumpster $ 600 Volunteer T-shirts(200) $ 600 Volunteers NISRA Wine cost $ - Wristbands $ 200 Zip ties $ 45 Total Expenses $ 45,351 $ 33,320 $ 27,550 As of 12/4/2008 3:02 PM