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HomeMy WebLinkAbout23-0403 Juneteeth- African American CoalitionSPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT is hereby made and entered into this _3rd_ day of April , 2023_, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City") and African American Coalition of Kane County, Inc._ an _Illinois not -for -profit_ (hereinafter referred to as the "Co -Sponsor"). WHEREAS, the City and Co -Sponsor have each determined it to be in their best interests to enter into an agreement by which each party hereto shall provide co-sponsorship for a special event commonly known as 2023 Juneteenth Festival to be conducted on June 17, 2023 in an area comprised of Festival Park, 123 South Grove Ave, Elgin, IL, 60120 (hereinafter referred to as "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, the City has determined that the Event will benefit the residents of the City of Elgin, and will attract additional interest in and assist in promoting the City of Elgin; 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 Co -Sponsor 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 pertains to the government and affairs of the City. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: l . The foregoing recitals are hereby incorporated into this Agreement in their entirety. 2. The Co -Sponsor shall conduct the Event and provide any related activities or services as described in and pursuant to Co -Sponsors "Special Event Co -Sponsorship Application" attached hereto and made a part hereof as Exhibit A (the activities associated with conducting the Event, including terms, conditions, dates and times, and location, are hereinafter referred to as the "Event Activities"). In the event of any conflict between the provisions of this Agreement and the provisions in Exhibit A hereto, the provisions of this Agreement shall control. The Co -Sponsor represents and warrants that the Co -Sponsor has the skills, knowledge, and resources necessary to conduct the Event and the Event Activities provided for in Exhibit A in a reasonable and 9. Co -Sponsor shall complete, maintain, and submit to the Assistant to the City Manager of the City any and all records, reports, and forms relating to the services and activities in this Agreement as requested by the City. Without limiting the foregoing, the parties further agree as follows: A. Co -Sponsor shall provide a budget to the City which shall reflect the projected income and expenses related to this Event. Such budget shall also reflect the projected distribution of funds received by the City pursuant to this Agreement. The budget shall be submitted to the Assistant to the City Manager prior to any payment or provision of in -kind services by the City. B. The City shall be entitled to review all accounting records of Co -Sponsor related to this Event and the use of funds paid by the City to the Co -Sponsor pursuant to this Agreement upon 72 hours advance notice from the City. C. The Co -Sponsor shall provide a project schedule setting forth all significant milestones and deadlines for the completion of the same relating to the conducting of the Event. Co -Sponsor shall adhere to and comply with the project schedule provided to the City. Co -Sponsor shall communicate to the City and provide a progress report upon the completion of a milestone, and shall provide further updates to the City with respect to progress on milestones and deadlines upon request. Co-Sponsor's failure to meet the deadline provided in the project schedule for a milestone shall be grounds for the cancellation, termination, or suspension, in whole or in part, of this Agreement by the City. D. Within sixty (60) days following the completion of the Event, the Co -Sponsor shall complete and submit to the City a final report in a form as required by the City. 10. In the event this Agreement is terminated, or in the event the Event for which the City funds provided herein are to be applied is discontinued for any reason, the Co -Sponsor shall refund to the City any funds that had been provided to Co -Sponsor, and shall reimburse the City the fair value of any in -kind services provided by the City, within sixty (60) days of the date of termination or the scheduled date of the Event, whichever is sooner. 11. Co -Sponsor agrees and warrants that notwithstanding any other provision of this Agreement that in connection with the performance of and/or the providing of services pursuant to this Agreement that Co -Sponsor shall comply with all applicable federal, state, city, and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Co -Sponsor hereby certifies, represents, and warrants to the City that all of Co-Sponsor's employees and/or agents who will be performing and/or providing services with respect to this Agreement shall be legally authorized to work in the United States. Co -Sponsor shall also at its expense secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful performance of this Agreement. Co -Sponsor shall also perform this Agreement. The City shall have the right to audit any records in the possession or control of Co -Sponsor to determine Co-Sponsor's compliance with the provisions 3 for services and activities actually performed, and reimbursable expenses actually incurred prior to termination, except that any such reimbursement shall not, in any event, exceed the total amount set forth in paragraph 3 above. Additionally, in the event this Agreement is so terminated, the Co - Sponsor shall immediately cease the expenditure of any funds paid to the Co -Sponsor by the City and shall refund to the City any unearned or unexpended funds. 17. Pursuant to the provisions of Elgin Municipal Code Section 13.25.090, Co -Sponsor shall be solely and strictly liable for the acts of its volunteers, officers and employees. To the fullest extent permitted by law, Co -Sponsor agrees to 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, including but not limited to worker's compensation claims, in any way resulting from or arising out of negligent actions or omissions of Co -Sponsor in connection herewith, including negligence or omissions or agents of Co -Sponsor arising out of the performance of this Agreement. In the event of any action against the City, 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 section shall survive any expiration, completion and/or termination of this Agreement. 18. Co -Sponsor shall provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070. Co -Sponsor shall provide the City Manager's Office with a certificate of general liability insurance naming the City as a primary, non-contributory co- insured 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. Such 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 such insurance to make it excess over other available insurance; alternatively, if such insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. Co - Sponsor shall provide, pay for, and maintain in effect, during the term of this Agreement, comprehensive automobile liability insurance covering all owned, non -owned and hired motor vehicles used in connection with the services with limits of not less than $500,000 per occurrence for damages to persons or property. Co -Sponsor shall also provide, pay for, and maintain in effect, during the term of this Agreement, worker's compensation insurance in amounts required under the laws of the State of Illinois. At the request of the City Co -Sponsor shall provide to the City certificates of insurance regarding the insurance required in this paragraph. 19. Co -Sponsor shall reimburse and be liable to the City for any injury or damage to any City -owned property arising out of or in connection with or resulting from the Event. Co - Sponsor shall provide all payments provided for herein to City within thirty (30) days of written demand for payment by City. 20. Co -Sponsor at its sole cost shall apply for and obtain all necessary permits, except as may be otherwise agreed in writing by the City. Sponsor shall comply with all laws, acts, and ordinances of the United States, the State of Illinois, and the City of Elgin relating thereto. Co -Sponsor further agrees to use its best efforts to ensure that the Event is accessible to persons with disabilities. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of the Agreement by the City. 25. The terms and provisions of this Agreement shall be severable. The parties intend and agree that, if any paragraph, sub -paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 26. This Agreement and its exhibits constitute the entire agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 27. This Agreement shall be deemed to have been made in, and shall be construed in accordance with, the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 28. As a condition of this contract, Co -Sponsor shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request (775 ILCS 5/2-105). 29. As a condition of this Agreement, Co -Sponsor shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the 7 IN WITNESS WHEREOF, the undersigned have entered into executed this Agreement on the date and year first written above. CITY OF ELGIN By [� City Manager Attest: City Clerk Li Legal DeptlAgreementlAgr-Special Event Co-Sponsorship-Form-2-1-21docx CO-SPONSOR B y Its Attest: APPLICATION: SECTIOf' Shirley D. Bassett _ African American Coalition of Kane County Inc 2023 Juneteenth Festival June 17th 2023 132 South Festival Park, Elgin, IL 60120 AACKC is excited to host their 2023 Juneteenth Celebration in Festival Park once again. Bringing to the community culture, music, art and great tasting food. $15,000 621 Abom Avenue, Elgin, IL 60124 630-649-1160 aacoalitionkanecounty@gmail.com No SECTION 3- EVENT BUDGET Complete the attached budget to the best of your ability. If any of the categories do not apply to your project, simply ignore that line item. If you wish to expand on any areas or need additional space, you may forgo this form and attach your own budget spreadsheet. EXPENSES BUDGETED Administrative Artistic Dancers, Musicians $5,500.00 Technical/Production Audio & Park Lighting $3x323.00 Outside Professional Services $4,768.00 Space Rental Travel/Transportation Marketing/Promotion $5,000.00 Materials/Supplies $2,000.00 Equipment Rental $3,500.00 Insurance and Royalties $1,900.00 Other Expenses Stage & Lighting $5,600.00 Total Expenses $31,591,00 INCOME Admissions Concessions/Publications $400.00 Fees $1,500.00 Corporate/Business $19,000.00 Grants $t 641.00 Foundations $3,000.00 Individuals $600.00 Other Income $450.00 Total Income $31,591.00 AWARD CRITERIA (Narrative) How will this project impact the quality of life in Elgin? The African American Coalition of Kane County (AACKC) is excited to host the 2023 Juneteenth Celebration in Elgin! On Saturday, June 17, 2023, at Festival Park in beautiful downtown Elgin, we will celebrate freedom and African American culture through food, history, arts & entertainment for the entire family! As our Juneteenth Celebration emerges from the shadow of the pandemic, we will celebrate for the second year at Festival Park. Juneteenth is a holiday celebration that originated in Galveston, Texas, where told slavery had ended when the Emancipation Proclamation was signed in 1863. We are asking for your support that will enrich the quality of life in Elgin and bring over a 1000 visitors and Elgin Residents to join the Juneteenth celebration at Festival Park. Every year the celebration becomes more integral to our diverse city. It represents the resilience of our African American descendants who endured the systematic destruction of their families and whose breeding and forced labor -built America. Juneteenth is a day to be celebrated and lauded. The holiday is considered the "longest -running African American holiday" and has been called "America's second independence Day." Juneteenth will be on June 17 at Festival Park in Elgin, IL. The celebration will be family orientate, from 11 am to 11 pm. Friends and neighbors will enjoy the many different activities: * Parade of African Flags • Exhilarating opening performance by the Moya Dance Troop. • Walking through the park, you visit many black businesses and vendors displaying wares. • The Kids Corner will provide children with activities such as face painting, storytelling, African American art projects, learning how to Double Dutch Jump Rope, and many other activities. • The food vendors will be offering a variety of delicious delicacies. • There will be a section for adults to "wet their whistle" with a cold beer or glass of wine. • Many nonprofits will be participating, such as the LW V of the Elgin Area, registering future voters, and YWCA Elgin youth will be participating in the flag parade. IMPACT How will this project impact the quality of life in Elgin? The project will have over 1,500 visitors and community members to Elgin. They will be able to listen to historical storytellers, honor history, and witness authentic dancing, music, and poetry, all on the main stage. There will be several areas with canvas tents, a place to escape from the sun while enjoying the atmosphere, and a "beer and wine" tent that will rope off, allowing only those 21 and older How will this project attract both visitors and Elgin residents? We will contract with a media firm to oversee our carefully planned social media campaign, a line-up of positive news stories, flyers, radio, and television to attract more visitors in 2023. In 2023 we are working to build on our successes and enhance our offering by celebrating one day at Festival Park. Last year we celebrated events downtown Elgin at Festival Park for the first time. Elgin has expanded its offering of special events and added the Juneteenth celebration to the venue. While attracting over 750 people to the two-day festival in 2022 with the help of a new marketing team, we fully expect a crowd twice that size in 2023. We plan on infusing more activities and quality performances on stage. Additionally, the black - owned business will participate, highlighting their various expertise, skills, and talents. Next year we might have an old fashion barbeque contest to crown a king or queen of the barbeque. JIMl1TU)R� � CULTURS PROPOSAL GUIDE VISIONARY Shirley Bassett 630-649-1160 1 aacoalitionkanecounty@gmaii.com REQUESTS & Event Marketing Event Coordination The Seed Visionary 1 The Visionary The 5 STAR Visionary - (5 Star Organization) Event Marketing I Event Coordination I Brand Development Event Services ( Where Vision Meets Organization How do we organize to meet your vision: • Event Coordination - Assist + Support a. Sponsors/Vendors/Programs h. Ticketing + Registration • Day of Organization & Planning • Monthly Alignment (1 Hour) • Quick Events Alignment (2 - 30 minutes/month) • Alignments contain . (<<<click here) • Alignment Emails - Recaps + Updates Contains Important Information Action Items Requests • 5 Star CULTUR5 Organization Google Drive Creation + General Maintenance African American Coalition of Kane County, Inc Fiscal Year Period: 2023 REVENUE Government grants & contracts Foundations Corporations/Sponsorships Religious institutions In -Kind -Contributions Individual contributions Fundraising events & products Memhcrship and festival income Other Total cash revenu Total in -kind revcnu TOTAL REVENUE EXPENSES Personnel Salaries Director Media Marketer Clerical Support Personnel totals Juneteeth Festival TOTAL Travel Travel total Office Supplies Ueneral office supplies Equipment Laptop Computer Van Maintenance Other Rent- Lease Meeting Space Internet and phone service Program startup/Research Current Org. Current YTD Current Bud =et Actuals Status 2023 e Total in -kind revcnu TOTAL REVENUE EXPENSES Personnel Salaries Director Media Marketer Clerical Support Personnel totals Juneteeth Festival TOTAL Travel Travel total Office Supplies Ueneral office supplies Equipment Laptop Computer Van Maintenance Other Rent- Lease Meeting Space Internet and phone service Program startup/Research Current Org. Current YTD Current Bud =et Actuals Status 2023 35,000 _ A died 6,000 Ar),Aied 500 Applied 3,000 Pendine _�— 300 175 soo - - -- 200 _-- 45,000 Applied $ 57,100 c $ 3,000 $ 90,100 —-----30,000 -- 6,000 _ 1,200 ' 37,200 31,591. 31,591 600 ' $ 600 650 1,200 6,600 1,800 1,200 el JE - 4CE if wi F C - -r- f.IE aft H1ST00YMONTH :`202"' 24th.-'FEBRUARY 0 - 30PM1 Come perience;.the lost Arts of Cultral Dane; Music & Art Taste texRhealthy.ffavors of the African Cuisine. See haw the past rneets•t.he�future. Join Us at the Heritage Ballroom FOR -6-7 1-6 Th`e Centre of Elgin 100 Syrnphony,.Way,: Elgin, Illinois JUNETEENTH 2O22 Links to an exciting video for highlights from luneteenth 2022 I '"N, File Number 6347-924-1 1�0 6ARP�g To all to whom these Presents Shall Come, Greeting: I, Alexi Giannoulias, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify that AFRICAN AMERICAN COALITION OF KANE COUNTY, INC., A DOMESTIC CORPORATION, INCORPORATED UNDER THE LAWS OF THIS STATE ON APRIL 20, 2004, APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE GENERAL NOT FOR PROFIT CORPORATION ACT OF THIS STATE, AND AS OF THIS DATE, IS IN GOOD .STANDING AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. .aA In Testimony Whereof,I hereto set HAL my hand and cause to be affixed the Great Seal o U ` osk' the State of Illinois, this 7TH. day of MARCH A.D. 2023 �'' a;��• .zs28 1�'%a i_ Authentication #: 2306605184 verifiable until 03/07/2024 Authenticate at: https:/Iwww.ilsos,gov SECRETARY OF STATE crAlg State of Illinois Year Corporation File No 'WitDomestic/Foreign Corporation Annual Report 2023 63479241 FILED Mar 07, 2023 TT u "Alexi Giannoulias, Secretary of State 1. Corporate Name AFRICAN AMERICAN COALITION OF KANE COUNTY, INC. Registered Agent SHIRLEY D BASSETT Registered Office 621 ABORN AVE City, IL, Zip Code, County ELGIN,_ KANE COUNTY 0 24-3803 .. �. Officers Title BOARD OF DIRECTOR Name & Address JULIA MCCLENDON YWCA 220 EAST CHICAGO STREET i Title I BOARD OF DIRECTOR Name &Address 1 DORREL NELSON 5 BRIAN COURT, AL.GONQUIN, !L Title BOARD OF DIRECTOR Name & Address GERTRUDE MCCLAIN 18710 REMINGTON PARK DRIVE HOUSTON TX 77073 i -- i - Title BOARD OF DIRECTOR Name & Address I JEREMY HAYES 58 SO. CRYSTAL STREET #3 ELGIN, ILLINOIS i F Title -- Name & Address --- t Title Name & Address I Title Name & Address Title Name & Address Title Name & Address Title Name & Address This document was eiectronicaily generated at www.ilsos.gov