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HomeMy WebLinkAbout99-129 Resolution No. 99-129 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH ELGIN CITIZENS ON PARADE 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 Cost Sharing Agreement on behalf of the City of Elgin with Elgin Citizens on Parade for a Fourth of July Parade, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 28, 1999 Adopted: April 28, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 1 SPECIAL EVENT COST SHARING AGREEMENT THIS AGREEMENT made and entered into this 307 H day i`k of , 1999, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and ELGIN CITIZENS ON PARADE, an Illinois not-for-profit corporation (hereinafter referred to as "Elgin Parade" ) . WITNESSETH WHEREAS, Elgin Parade is an Illinois not-for-profit corporation located in Elgin, Kane County, Illinois; and WHEREAS, Elgin Parade has proposed a special event in the form of a Parade on July 3 , 1999, to be conducted on Grove and Douglas Avenues between Prairie Street and North Street (hereinafter referred to as the "Subject Special Event" ) ; and WHEREAS, Elgin Municipal Code Section 13 . 25 . 020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies; and WHEREAS, Elgin Parade has requested that the City share the cost of 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 center city area; and WHEREAS, the City Council has further determined that it is in the best interests of the City to share in the costs of the Subject Special Event with Elgin Parade in accordance with the terms and conditions of this cost sharing agreement ; and WHEREAS, the City of Elgin 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 cost sharing 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 of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 . That the City and Elgin Parade hereby agree to share the cost of the proposed Fourth of July Parade on July 3 , 1999 . The Subject Special Event will be located on Grove and Douglas Avenues between Prairie Street and North Street between the hours of 8 : 00 a.m. and 12 : 00 noon. 3 . That Elgin Parade shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13 . 25 . Notwithstanding 2 J the City' s cost sharing of the Subject Special Event, the parties hereto understand and agree that Elgin Parade 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" . Additionally, notwithstanding the City' s cost sharing of the Subject Special Event, Elgin Parade agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 . 25 . 090, that Elgin Parade shall be strictly liable for the acts of its agents, volunteers, officers and employees and that Elgin Parade to the fullest extent permitted by law shall indemnify and hold harmless the City, its officers, agents and employees from any claims, suits or liability whatsoever including, but not limited to, any court costs or reasonable attorney' s fees arising out of or in any way connected with the Subject Special Event or any acts or omissions of Elgin Parade, its agents, volunteers, officers or employees. Elgin Parade 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 $500 , 000 per occurrence and excess coverage of not less than $5, 000 , 000 covering general liability including personal injury and property damage . 4 . That in consideration of Elgin Parade being solely responsible for conducting the Subject Special Event 3 and for all costs associated with the Subject Special Event as provided herein, the parties understand and agree that Elgin Parade shall be entitled to retain any income received from the subject special event . 5 . That in conjunction with the special event the parties hereto shall each provide for the payment of the following services : City: Public Works street sweep before and after the Parade . Estimated cost to the City: $ 615 Fire Department Participation in Parade : No cost Police Department assistance prior to, during and after the event . Estimated cost to City: $2 , 976 Elgin Parade : Entertainment : Estimated cost to Elgin Parade : $3 , 000 Advertising: Estimated cost to Elgin Parade : $1, 600 Insurance : Estimated cost to Elgin Parade : $ 400 Postage/Miscellaneous : Estimated cost to Elgin Parade : $1, 100 7 . That Elgin Parade at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event . Any entertainment and use of amplifiers shall be in compliance with all applicable regulations . 8 . That Elgin Parade at its sole cost shall be responsible for providing all toilets and other sanitary 4 facilities, necessary electrical power and litter facilities, litter control and clean-up. 9 . That nothing contained in this agreement shall be construed to relieve Elgin Parade, 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. 10 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship 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 ELGINRCITIZENS ON PARADE q By , By L� t I Ed Sc ock, Mayor Its Attest : Attest : frieg7-v,„( /4/11 -A— City Clerk ELGINPAR. 99/RAGREE 5 4 C yOFEC ( K) ¢ " v, 0 City of Elgin Agenda Item No. -►�. III- - April 7, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Fourth of July Parade PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a cost sharing agreement with the Elgin Citizens on Parade Committee for a Fourth of July Parade . BACKGROUND Representatives from the Elgin Citizens on Parade Committee have submitted a City of Elgin Special Event Application to hold a Fourth of July Parade in downtown Elgin on July 3 , 1999 . Elgin Citizens on Parade is comprised of Elgin resi- dents . The first Fourth of July Parade that was coordinated by this group was held in 1997 and was very well received by the community. The parade is planned to take place on South Grove Avenue and Douglas Avenue between Prairie Street and North Street . The parade will step off at 9 : 00 a.m. and all crowds should be disbursed by 12 : 00 noon. Participants in the parade will consist of local community groups, bands, clowns, magicians, jugglers and various entertainment . The following are the main elements of an agreement proposed by the Elgin Citizens on Parade : 1 . Elgin Citizens on Parade has requested that the City provide the following services for the parade at no cost to Elgin Citizens on Parade : *Public Works street sweep before and after the parade . Estimated cost to the City-$615 . *Fire Department participate in Parade . Estimated cost to the City-No cost associated. *Police Department assistance prior to, during, and after the event . Estimated cost to the City-$2, 976 . Total Estimated cost to the City: $3 , 591 . Fourth of July Parade April 7, 1999 Page 2 2 . Elgin Citizens on Parade has proposed that Elgin Citizens on Parade will provide the following services at no cost to the City: *Entertainment Estimated cost to Elgin Citizens on Parade- $3 , 000 . *Advertising Estimated cost to Elgin Citizens on Parade- $1, 600 . *Insurance Estimated cost to Elgin Citizens on Parade- $ 400 . *Postage/miscellaneous Estimated, cost to Elgin Citizens on Parade- $1, 100 . Total Estimated cost to Elgin Citizens on Parade : $6 , 100 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Citizens on Parade. 71-1k--- FINANCIAL IMPACT Funding for Police Department personnel is available in the 1999 Police Department budget, overtime salary, account number 010-2308-731 . 01-02 . Funding for Public Works Department personnel is available in the 1999 Public Works Department budget, overtime salary, account number 010-3342-755 . 01-02 . Sufficient funds exist to cover these expenditures . WViLEGAL IMPACT A cost sharing agreement with Elgin Citizens on Parade will be prepared if the City Council determines to participate in a cost sharing arrangement . ALTERNATIVES 1 . Financial participation by the City estimated at $3 , 591 and financial participation by Elgin Citizens on Parade estimated at $6, 100 . 2 . No financial participation by the City with the Elgin Citizens on Parade assuming 10096 of the event cost . Fourth of July Parade April 7, 1999 Page 3 RECOMMENDATION It is recommended the Mayor and members of the City Council authorize the preparation of a cost sharing agreement for this event as presented in alternative #1 . —spectfully submitted, Oce % . Parker City Manager JC/js