01-332 i
Resolution No. 01-332
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENTS CO-SPONSORSHIP
AGREEMENT WITH THE ELGIN COMMUNITY NETWORK
FOR NEIGHBORFEST EXPO 2002
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum,
City Clerk, be -and are hereby authorized and directed to execute
a Special Events Co-Sponsorship Agreement on behalf of the City
of Elgin with the Elgin Community Network for Neighborfest Expo
2002 to be held January 5, 2002 , a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: December 19, 2001
Adopted: December 19, 2001
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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Special Events Co-Sponsorship Agreement
THIS AGREEMENT made and entered into this �?, 1, `day of ,2001, by and
between the CITY OF ELGIN, an Illinois minicipal corporation(hereinafter referred to as the
"City") and the Elgin Community Network, an Illinois not for profit corporation (hereinafter
referred to as the "Elgin Community Network".)
WHEREAS, the Elgin Community Network located in Elgin, Kane County, Illinois has
proposed a special event in the form of a Festival for January 5, 2002, to be conducted at
Hemmens Auditorium. ( hereinafter referred to as the "subject special event"); and
WHEREAS, Elgin Municipal Code Section I3.25.020A requires special events to be
sponsored and conducted by not-for-profit corporations or associations or by public bodies; and
WHEREAS, the Elgin Community Network 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 cultural growth and generational events; and
WHEREAS, the City Council has further determined that it is in the best interests of the
City to co-sponsor the subject special event with the Elgin Community Network in accordance
with the terms and conditions of this co-sponsorship 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
(1 )
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pertaining to its government and affairs; and
WHEREAS, the co-sponsoring 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 the Elgin Community Network hereby agree to co-sponsor the
proposed Festival on January 5, 2002. The subject special event will be located at Hemmens
Cultural Center and shall be conducted between the hours of 8 a.m. to 6 p.m. on Saturday,
January 5, 2002. The City's only cost for the event shall not exceed $4,500 which shall be
utilized for the following purposes: Promotional giveaways, table skirting, advertising and
promotional items, luncheon and miscellaneous expenses. In addition the City shall provide use
of the Hemmens Cultural Center on Saturday, January 5, 2002, at the above stated hours free of
charge to the Elgin Community Network.
3. The Elgin Community Network shall be responsible for applying for and obtaining a
special event permit as provided for under Elgin Municipal Code Chapter 13.25. 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 Elgin Community
Network 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 cost identified
in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". Additionally,
notwithstanding the City's co-sponsorship of the subject special event, the Elgin Community
Network agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal
Code Section 1').25.090, that the Elgin Community Network shall be strictly.liable for the acts of
its volunteers, officers and employees and that the Elgin Community Network 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 Elgin Community Network, its
agents, volunteers or employees. Nothing herein affects the Elgin Community Network'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. The Elgin Community
Network 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 that
$5,000,000 covering general liability including personal injury and property damage. 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.
4. That in consideration of the Elgin Community Network being solely responsible for
conducting the subject special event and for all cost associated with the subject special event as
provided herein, the parties understand and agree that the Elgin Community Network shall be
entitled to retain any income received from the subject special event.
5. That the Elgin Community Network 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, and must end at 6 p.m. Saturday, January 5, 2002.
6. That nothing contained in this agreement shall be construed to relieve the Elgin
Community Network, 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.
7. That The Elgin Community Network at its sole cost shall provide for proper and
appropriate clean up of the Hemmens facility as a result of the subject special event occurring
therein.
8. That this agreement shall not be deemed or construed to create any 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-COMMUNITY NETWORK
BY: BY:
City Manager
Attest: Attest:
City Clerk
�.' Agenda Item No.
City .of Elgin
1
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December 5, 2001
NEIGHBORHOOD VITALITY
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Co-Sponsorship Agreement with Elgin Community Network
for Neighborfest Expo 2002
PURPOSE
The purpose of this memorandum is to provide information to the
Mayor and members of the City Council to consider a Co-Sponsorship
agreement with the Elgin Community Network for the second annual
Neighborfest Expo 2002 , to be held on Saturday, January 5, 2002 at
Hemmens Cultural Center.
• BACKGROUND
Neighborfest Expo 2001, held on January 27th at Lord' s Park
Pavilion, was used for the purpose of celebrating the
accomplishments of neighborhood organizations, promoting
interaction between neighborhoods and city staff, and laying the
groundwork for the creation of a city-wide network for neighborhood
groups . The event was sponsored entirely by the City of Elgin,
through . the Neighborhood Liaison in the City Manager'.s Office .
Participation in the event was excellent and attendance by the
general public was much larger than anticipated. Press coverage was
very positive, which helped enhance our image within and outside of
our community. Post-event questionnaires indicated a strong desire
to make Neighborfest Expo an annual event .
The newly formed Elgin Community Network (ECN) would like to co-
sponsor Neighborfest 2002 with the City of Elgin and expand it to
serve as a formal "kick-off" event to officially introduce ECN to
the public . In addition, the event will be expanded to include
displays and presentations from additional groups and organizations
who deal with neighborhood-related issues . various City Departments
will also Piave . the opportunity to showcase projects and
initiatives, such as the Recreation Center, the Riverfront Project
and the new- Comprehensive Planning Project to the public . The All
• America City . Award Committee will also participate, using
Neighborfest to formally announce their intention to nominate Elgin
for this prestigious award.
Elgin Community Network Neighborfest
December 5, 2001
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Community Network, Neighborhood groups, and Non-profit
organizations .
INANCIAL IMPACT
The proposed 2002 General Fund Budget, account number 010-0303-
711 . 47-00 includes $4, 500 - for Neighborfest Expo expenses as
described in the attached Co-Sponsorship agreement . Approximately
$3 , 500 worth of expenditures will be spent in 2002 . An additional
$1, 000 is available in the 2001 budget in account number 010-0303-
711 . 47-00 for those expenditures expected- to be spent in 2001 . The
Elgin Community Network is taking responsibility for the remaining
costs associated with the event, through additional cash and in-
kind donations .
GAL IMPACT
None
• ALTERNATIVES
The City Council could approve the Co-Sponsorship agreement, edit
the agreement, or decline to support the event .
RECOMMENDATION
. It is recommended that the City Council approve the Co-Sponsorship
agreement, reflecting the City contribution of -$4., 500 as . outlined
in the agreement .
R ectfully submitted,
yce Parker
City Manager
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Attachment
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