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98-60 Resolution No. 98-60 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE ELGIN FEST COMMITTEE, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, 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 the Elgin Fest Committee, Inc . for a festival to be held on July 17 and 18, 1998, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 11, 1998 Adopted: March 11 , 1998 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT COST SHARING AGREEMENT THIS AGREEMENT made and entered into this day of March, 1998, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and ELGIN FEST COMMITTEE, INC. , an Illinois not-for-profit corporation (hereinafter referred to as "Elgin Fest" ) . WITNESSETH WHEREAS, Elgin Fest is an Illinois not-for-profit corporation located in Elgin, Kane County, Illinois; and WHEREAS, Elgin Fest has proposed a special event in the form of a festival for July 17 and 18, 1998, to be conducted on Grove Avenue between Chicago Street and Spring Street, DuPage Court, the Fox River, the former NBD parking lot, and the city lot next to the Crocker Theater (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 Fest 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 Fest 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 Fest hereby agree to share the cost of the proposed Elgin Fest on July 17 and 18, 1998 . The Subject Special Event will be located on Grove Avenue between Chicago Street and Spring Street, DuPage Court, the Fox River, the former NBD parking lot, and the city lot next to the Crocker Theater and shall be conducted between the hours of 6 : 00 p.m. and 10 : 00 p.m. on July 17 and 12 : 00 noon and 10 : 00 p.m. on July 18, 1998 . 2 3 . That Elgin Fest shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13 . 25 . Notwithstanding the City' s cost sharing of the Subject Special Event, the parties hereto understand and agree that Elgin Fest 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 Fest agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 . 25 . 090, that Elgin Fest shall be strictly liable for the acts of its agents, volunteers, officers and employees and that Elgin Fest 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 Fest, its agents, volunteers, officers or employees . Elgin Fest 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 3 $5,000, 000 covering general liability including personal injury and property damage. 4 . That in consideration of Elgin Fest being solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event as provided herein, the parties understand and agree that Elgin Fest shall be entitled to retain any income received from the subject special event. 5 . That in conjunction with the special event permit application Elgin Fest shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgement 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 parties hereto shall each provide for the payment of fifty percent (50%) of the cost as determined by the City of the direct and reasonable costs incurred by the City to provide additional police, public works and paramedic services for the special event, provided, however, Elgin Fest' s share of such costs shall not exceed $2 ,000 . Elgin Fest shall provide such fifty percent (50%) payment to City within thirty ( 30) days of written demand for payment by City. Such estimated cost shall be determined in the sole discretion of the City. The number of police officers and the duration of the special police detail for the special 4 event shall be determined by the Chief of Police. Such security plan shall also include Elgin Fest providing at its sole cost between 8 and 15 additional private security staff at the subject special event during the hours of 6 : 00 p.m. to 10 : 00 p.m. on Friday, July 17 , and 12 : 00 noon and 10 : 00 p.m. on Saturday, July 18, 1998 . 6 . That Prairie Rock as part of Elgin Fest at its sole cost shall apply for and obtain a Class I liquor license. Prairie Rock as part of Elgin Fest shall be the vendor under such Class I . license which shall actually conduct and be responsible for all liquor sales . Prairie Rock as part of Elgin Fest 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 co-insured with limits of not less than $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. 7 . That Elgin Fest 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 Fest at its sole cost shall be responsible for providing all toilets and other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 5 9 . That nothing contained in this agreement shall be construed to relieve Elgin Fest, 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 ELGIN FEST COMMITTEE, INC. By -_ By C B' ' Kevin Kelly, Ma r I-f s Attest: Attest: gd��� — City Clerk ' 6 City Of Elgin Agenda Item No. February 19, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Special Event Agreement with the Elgin Fest Committee 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 Fest Committee, Inc . for Elgin Fest 198 . BACKGROUND Representatives from the Elgin Fest Committee, Inc . have submitted a City of Elgin Special Event Application to hold Elgin Fest 198 downtown on July 17 and 18, 1998 . The Elgin Fest Committee, Inc . is comprised of Elgin residents and • business owners (member list attached) . Elgin Fest will cele- brate the rich diversity of Elgin by offering events and activities designed to showcase the downtown area and to raise funds for local youth groups . An event budget is attached. Staff from Parks and Recreation, Police and Fire have met with the committee to review event logistics and budget . Events are planned to take place on Grove Avenue (between Chicago Street and Spring Street) , DuPage Court, the Fox River, former NBD parking lot and the public city parking lot next to the Crocker Theatre . The festival will consist of music, poetry readings, bingo, food, alcohol, Power Boat Regatta (outboard power boats) on the river, arts and crafts show, face painting and laser light shows at the end of each evening. The festival will run from Friday, July 17 from 6 : 00 p.m. - 10 : 00 p.m. through Saturday, July 18 from 10 : 00 a.m. - 10 : 00. P.M. The following are the main elements of an agreement proposed by the Elgin Fest Committee, Inc . 1 . Elgin Fest Committee, Inc . has requested that the City share the costs to provide police for event security. Security will need to ' be provided during event hours : July 17 , 6-10 pm and July 18, 12noon-10pm. The costs for the police service are proposed to be ' shared 50/50 with the total for Elgin Fest Committee, Inc . not to exceed $2 , 000 . Any additional security costs above the estimat- ed $4 , 000 will be the City' s responsibility. Special Event Agreement w/ Elgin Fest Comm February 19, 1998 Page 2 2 . The committee has requested the City provide a paramedic for the event . A paramedic will need to be provided during the event hours : July 17, 6-10 p.m. and July 18, 12 noon-10 p.m. The costs associated to the City to provide the paramedic service will be $400 . 00 . 3 . The Parks and Recreation Department can provide barri- cades to the Elgin Fest Committee, Inc . for use during this event at no cost . 4 . The Elgin Fest Committee, Inc . will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $5, 000, 000 covering general liability, including personal injury and property damage . A liquor license and Dram Shop insurance will be provided by Prairie Rock naming the City as an additional insured with limits of not less than $1, 000, 000 . Additional pending permits and permission will be required as follows : Parking: Former NBD lot (Kane County owner) , ECC lot, Larkin High School and Elgin High School . Laser light show: Fire Department approval and • participating downtown building owners . Power Boat Regatta: Permits from the Illinois Department of Natural Resources, Grand Victoria Casino and the Coast Guard. Insurance : Dram Shop Insurance and General Liability Insurance . Liquor License : Class I special event liquor license must be obtained by Elgin Fest Committee, Inc . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Fest Committee, Inc . ; Prairie Rock representatives; Elgin Chamber of Commerce; New Century Partnership for Elgin. (711FINANCIAL IMPACT -The cost of providing security and paramedic services for the two-day event are estimated at $4 , 400 , depending on regular or overtime status of assigned personnel . The Elgin Fest Commit- tee and the City will share these costs 50/50 , with the total for the Elgin Fest Committee, Inc . not to exceed $2 , 000 . Funding for the Police Department and Fire Department person- nel is located in 1998 Police budget, account number • 010-2308-731 . 01-02 , and Fire Department budget account number 010-2804-735 . 01-02 , respectively. Sufficient funds exist to cover these expenditures . Special Event Agreement w/ Elgin Fest Comm February 19, 1998 Page 3 LEGAL IMPACT A special event agreement with Elgin Fest Committee, Inc . will be prepared if the City Council determines to participate in a cost sharing arrangement . ALTERNATIVES 1 . Financial participation by the City estimated at $2 , 400 . 2 . ' No financial participation by the City with The Elgin Fest Committee, Inc . assuming 1000 of the event costs . 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 option #1 for the liquor license and financial contribution of $2 , 400 toward the Police and Para- medic services only. Respectfully submitted, OA • Monica Meyers Director of Parks & ecreation _ 1 (�2- J ce Parker City Manager jc • . Feb-19-98 02 : 44A P _ 01 • ELGIN TEST Committee Dean Fitzsimmons Chris Matus Caesar Kalinowski Tina Kalinowski Beverly Bakes Carol Puckett Jennifer de Jesus • Pat Maynard Kathleen Dunbar Stuart Chaseman Cyndi Morgan Fcb- 19-98 02 : 23A P - 02 ORDI RIEKE OFFICE INTERIORS Ms. Jane Cordes City of Elgin Special Events Co-Ordinator FAX: 931-6144 February 18, 1998 Re: Elgin Fest Dear Jane: The Elgin Fest Committee is requesting support from the City of Elgin for our July 17-18, 1998 event in the following areas: • Police $2,000 Paramedics (first aid) $ 400 Barricades for street closures (from Parks & Rec.) We appreciate the labor and expense which the City of Elgin would be committing for this event. We are confident that Elgin Fest is a worthwhile investment for the city, and you have our commitment that it will be an event in which Elgln can take pride. Sincerely, Chris Matus Chairman • 1998 ElginFest 80O N. STATE STREET • ELGIN, IL. 6Q:1 23 (847)622-871 1 • FAX (647)622-9750 ELGIN FEST STATEMENT OF REVENUE AND EXPENDITURES CASH BASIS 1998 BUDGET -YEAR TO DATE- ANN BDGT VAR REVENUE: Sponsorship $42 , 000 . 00 Donations 6,000 . 00 Fee Income 37 ,000 . 00 TOTAL REVENUE 85, 000 . 00 COST OF SALES Band ( $13, 000 . 00) • Electric ( 1, 000 . 00) Police * (2 ,000 . 00) Shuttle ( 1,000 . 00) Lazer light show ( 12 ,000 . 00) Trash & Restrooms (5, 700 .00) Boat Show (25, 000 . 00) Tickets & Bands (400 . 00) First Aid ** 0 TOTAL COST OF SALES ( 60, 100 .00) GROSS PROFIT 24,900 . 00 * Additional City contribution for Police $2 ,000 .00 ** City contribution for First Aid $ 400 . 00 • ELGIN FEST STATEMENT OF REVENUE AND EXPENDITURES _ CASH BASIS 1998 BUDGET -YEAR TO DATE- ANN BDGT VAR OPERATION EXPENDITURES T-Shirts ( 3,200 . 00) Advertising ( 15, 500 . 00) Office. Expense ( 1 , 000 . 00 ) Postage ( 400 . 00) TOTAL OPERATING EXPENDITURES (20, 100 . 00) NET INCOME FROM OPERATIONS 4 , 800 . 00 OTHER INCOME & EXPENDITURE • TOTAL OTHER INCOME & EXPENDITURE 00 -------- - NET INCOME (LOSS) 4, 800 . 00 • SPECIAL EVENT APPLICATION Recd in Special Event Office J . Name of Organization L L.L,,,J f-�-ST ( l�ry►%Yl►i►►=l= �NG 2 . Tax ID # 3 . Address 4 . Name of Applicant/Contact 5 . Address F�> �►4 1=� �i,C�ii�� ii: . [Z. 6 . Phone (day) 947 E-Z2. 9-7U (evening) ':�47 7 . Event Name 8 . Event Description T 7-74E Q4f- Ta',l�er--1Ty OF- 70 S XAnom' T 6:-w -k\) ;,�ww AVp 12 :5,EWj1,F rrt= yoV77,1 t��� , ?�s ivc� n/,vns • 9 . Is event a fund raiser? ( ) No ()<) Yes If yes, describe beneficiary: LCtf,l JW�-W CP&,WIZ T7finJc, i !E;E- 10 . Event Date(s) �j 7 q<� — 7/13 /21S 11 . Event Hours_ 7/►7A/ 7A/23 -A)Am 12 . Expected Attendance L /i Location:� '✓ t N� f max; 13 . Will food/beverages be served/sold? ( ) -No ( ) yes 'f ya, describe: !� 14 . Will alcohol be served/sold? ( ) No ( Yes If yes, complete attached application and list prices, cup sizes, and describe plan to control the sale or serving of alcohol to minors : 12>—D UUc TD 70-4-, G>F • J;LCO�C) _ g a;f\)q ..G K-VZ 1/. CUP S1 2-;k-- i-,V/LL Te7- /O 15 . Will itinerant merchants be selling retail merchandise? ( ) No (X) Yes If yes, describe: nn _ �itr0 •�21 S � Sttr,�!S ETC- �7'Q- �TY�l� P-r}f`�/�JL� 1� C✓ti'✓T 16 . Will power be needed? ( ) No (k) Yes If yes, will power be brought in by applicant? (X) No ( ) Yes If no; describe needs and sources '- 1�c� � �/`/ C7r✓ �iJ �T �F�•Yl'r/tl�> r 72ri���/ t3�.r•4. 17 . Will water be needed? No ( ) Yes If yes , will water be brought in by applicant? ( ) No ( ) Yes If no, describe needs and sources 18 . Will signs/banners be hung? ( ) No Yes If yes, att h a map designating locations 19 . Will there be entertainment/music? ( ) No ('x) Yes If yes, attach schedule 20 . will temporary structures be built? ( ) No (,<) Yes If yes, • describe /�� /��l�zi� 5Tr'?Ei4= (S-Ae'? � I/�i d.'V PA6C �►:t I`• 21 . Describe set up & tear down schedule, include dates & times ILL �z V, .1 ��47 TID LvCf-v- 0,\` �'c i R�II,`�. �1t_�C� t./N21Dcf L'�/ c;�,' y '--o 7F,✓t VAr4S 71p it-i5 - 7/njc�S 22 . Does your event require. a street closure? ( ) No (X) Yes If yes, attach map noting streets and closure locations and note times and dates of closures . c44 PLEASE NOTE: IF YOU ARE REQUESTING A STREET CLOSURE, BARRICADES FOR YOUR EVENT WILL NEED TO BE PICKED UP FROM • THE PARK & RECREATION OFFICE PRIOR TO YOUR EVENT, AND RETURNED SHORTLY THEREAFTER. 2 3 . Security Plan ��,�.y POL, • U4 L �i�J TD A!5r i 7-. 24 . Parking Plan ( � tiDiGrn;c� AIL . T`/ I"M1/�X-1 o�U g,JJ GJ T V AaLA- i' z4,N" I.GT GN P c. n- 25 . Restroom Plan 26 . 'Trash Collection & Removal Plan 1\;1&) TL.1 QCV L),e J'F�-C( peT7> �� !f��f�S+r /�'�C`��'✓�f ��r��f- {blr�✓JT"y�JC-�. T/r�'YDL`c� I*l��iUC/N-Li17`" 27 . Publicity Plan 114&' SCI IN J&Z—c I&Q> ��C� S, ScWES /iv- I—OLO U/yt/r}iuL 28 . Attach additional maps , drawings, or written information you feel is necessary to process your application. , Submit this application to Jane Cordes, Special Event Coordinator in the Elgin Parks and Recreation Department at 31 South Grove Ave . , Elgin, 60120 . . For more information call ( 708) 931-6625 . Note : Some permits will require an application or user fee ( food, temporary structure, alcohol, itinerant merchant, water, electric, banner installation, etc . ) WAIVER: Approval of this application will reserve for the above mentioned applicant/organization the requested event date/place providing all requirements outlined by the City of Elgin have been met. If the special event request is approved, the sponsor shall assume full responsibility for compliance with all conditions, fees, or any cost associated with damage to City property, cleanup by City Crews, or any other additional City expense caused by this event. The applicant/organization agrees to hold harmless the City of Elgin, its employees, agents , or any person or groups therewith affiliated for any personal injuries, items lost or stolen, or damage to property not owned by the City of Elgin. • Applicant ' s Signature Date /­--X57/`Y7 ELGIN FESTIVAL COMMITTEE, INC. • for ELGIN FEST '98 Fest Dates: July 17 & 18, 1998 Fest Hours: July 17-, 1998 - 6:00 p.m. to 10:00 p.m. Security: We would pay for the appropriate number of Elgin Police in accordance with the laws and ordinances of the City of Elgin for a special event of this nature. We will request the aid of the Explorers as well. All those choosing to consume alcohol will have to wear wrist bands, which will be placed on by our staff or an officer only after ID's have been checked. Food: Food vendors will be set up down Grove Ave. from E. Chicago St. (approx.) to the Crocker Theater. A number (?) of tables and chairs will be placed at various locations along this same route for diners' use. Alcohol: The hours of service will be the same as the • festival hours. Consumption of alcohol will be confined to one or two areas. Only those individuals wearing appropriate wrist bands will be allowed alcoholic beverages. Tickets: Tickets will be sold for all food and beverages • (including alcoholic). Price to be determined. Power: Power will be provided by ComEd. Insurance: We have insurance through K&K which handles same for special events of this type. Restrooms: To be provided by us through Waste Management or like company. Sanitation: We will provide sanitation services through a local company from the beginning to the end of the event. Parking: Please see attached map. Transportation: Shuttles will be provided from various outlying parking lots. Larkin H.S., Elgin H.S. (old & new). ENTERTAINMENT PLANNED: Children: Variety of events and games provided by MEGA EVENT and the Fox Valley Fine Arts Commission. Adults: Poetry readings, music and storytelling by local artists throughout the hours of the festival. Seniors: We are planning bingo + for the elderly. Family: Known bands and local musicians Friday and Saturday night. Tunnel Vision Boat Regatta on the Fox. Plastic duck race. Arts and Crafts, Face painting etc. �"a SU-