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04-250 Resolution No. 04-250 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT WITH THE SOUTH ELGIN CHAMBER OF COMMERCE AND DEUTSCH AMERIKANISCHER NATIONAL KONGRESS FOR THE FOX VALLEY OKTOBERFEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies the execution of an agreement by David M. Dorgan, City Manager, and Dolonna Mecum, City Clerk, with the South Elgin Chamber of Commerce and Deutsch Amerikanischer National Kongress for the Fox Valley Oktoberfest, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 22, 2004 Adopted: September 22, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this j yrii-day of $EPT ,2004,by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), the South Elgin Chamber of Commerce, an Illinois not-for-profit corporation(hereinafter referred to as "Chamber") and the Deutsch Amerikanischer National Kongress, an Illinois not-for- profit corporation(hereinafter referred to as the"Kongress"). WHEREAS,Chamber and Kongress desire to operate and present an event commonly known as the Fox Valley Oktoberfest (hereinafter referred to as "Oktoberfest"); and WHEREAS,City has determined that Oktoberfest will attract additional interest in City and will assist in promoting further development of City, and will otherwise be in the City's best interests; and WHEREAS,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, promoting further interest in City and its redevelopment pertains to the government and affairs of City. NOW, THEREFORE, for an in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration,the sufficiency of which is hereby acknowledged by all parties hereto, the parties hereto hereby agree as follows: The foregoing recitals are hereby incorporated into this agreement in their entirety. 1. Chamber and Kongress shall provide Oktoberfest on September 17, 18 and 19, 2004. Oktoberfest shall be located at the property commonly known as the Meijer store located at 815 S. Randall Road, Elgin, Illinois, and shall be conducted between the hours of 6:00 p.m. and 12:00 a.m. on September 17,2004;between 12:00 p.m.and 12:00 a.m.on September 18, 2004; and between 12:00 p.m. and 8:00 p.m. on September 19, 2004. 2. Chamber and Kongress shall be strictly liable for the acts of their volunteers, officers and employees, and 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 or liability arising out of or in any way connected with Oktoberfest or any acts or omissions of the Chamber or Kongress,their agents,volunteers or employees. Nothing herein shall diminish or obviate Chamber's or Kongress'duty to defend,hold harmless and indemnify 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 City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 3. Chamber and Kongress shall provide,without cost to City,general liability insurance naming the City as a primary, non-contributory co-insured with limits of not less than $1,000,000 combined single limit per occurrence covering general liability,including personal injury and property damage with a general aggregate limit of not less than$2,000,000. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. There shall be no endorsement or modification of such insurance • to make it excess over other available insurance;alternatively,if the insurance states that it is excess or prorata, it shall be endorsed to be primary with respect to the City. 4. Chamber and Kongress shall be entitled to retain any income received from Oktoberfest. 5. Chamber and Kongress shall submit to City's Chief of Police a security plan. Such security plan or any changes thereto shall be submitted to City's Chief of Police in writing on or before September 10,2004. Such security plan shall be approved by City's Chief of Police in writing in his sole discretion. Such security plan shall include a system of badges, plastic bracelets or other approved means so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. 6. City shall provide for the payment of costs as determined by City for the direct and reasonable costs incurred to provide police services for Oktoberfest;provided,however,that the total cost contributed by City for such police services shall not exceed$3,300,of which $1,650 will be reimbursed by SEBA and D.A.N.K. The number of police officers and the duration of any police details for Oktoberfest shall be determined by City's Chief of Police. Chamber and Kongress shall provide, at their sole cost, not less than two (2) additional private security staff at Oktoberfest during the hours of 6:00 p.m. to 12:00 a.m. on Friday, September 17, 2004, from 12:00 p.m. to 12:00 a.m. on Saturday, September 18, 2004, and between 12:00 p.m. to 8:00 p.m. on Sunday, September 19, 2004. 7. Chamber and Kongress at their sole cost shall publicize the location of all major parking areas in all of their advertisements, flyers and posters regarding Oktoberfest. 8. Chamber and Kongress shall, at their sole cost, apply for and obtain a Class I liquor license. Chamber and Kongress shall be the vendors under such Class I license which shall conduct and be responsible for all liquor sales pursuant to Oktoberfest. Chamber and Kongress shall also provide, at their sole cost, dram shop insurance naming the City as co-insured with limits of not less than $1,000,000 with proof of such insurance stating that it shall not be terminated or suspended without at least thirty (30) days prior written notice to City. All alcohol sales shall end at 1:30 p.m. on Friday, September 17, 2004, at 11:30 p.m. on Saturday, September 18, 2004, and at 7:30 p.m. on Sunday, September 19, 2004. 9. Chamber and Kongress shall at their sole cost apply for and obtain all necessary permits, including but not limited to amplifier permits, for any entertainment to be conducted in conjunction with Oktoberfest. Oktoberfest shall,in all respects,including but not limited to any entertainment and use of amplifiers, be in compliance with all applicable laws and regulations. Any entertainment or use of amplifiers shall end at 11:00 p.m. on Friday, September 17, 2004, at 11:00 p.m. on Saturday, September 18, 2004 and at 8:00 pm. on Sunday, September 19, 2004. 10. City shall provide a street sweeper to clean the north area of the Meijer store parking lot on Monday, September 20, 2004. The cost to the City for the service is estimated at $400, of which$200 will be reimbursed by SEBA and D.A.N.K. 11. Chamber and Kongress shall be liable for all toilets,other sanitary facilities,electrical power and litter facilities, litter control and clean-up. 12. This agreement shall not be deemed or construed to create an employment,joint venture, partnership or other agency relationship between the parties hereto. 2 13. 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. 14. 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. 15. This agreement is the sole agreement between the parties hereto regarding Oktoberfest. There are no other agreements,either implied or verbal,between the parties hereto regarding Oktoberfest. This agreement shall not be modified or amended without the written agreement of the parties hereto. 16. Chamber and Kongress shall provide City with a separate sponsorship banner indicating "Titanium Sponsorship"in the main tent at Oktoberfest,containing the City's logo and 150th anniversary logo. Chamber and Kongress shall also provide local recognition for both aforementioned City logos on all marketing media in bold print and shall display such logos on Oktoberfest main stage kiosk and banners in bold print. All DJs provided by Chamber and Kongress shall recognize City's sponsorship throughout Oktoberfest. IN WITNESS WHEREOF,the parties hereto have executed this agreement on the date and year first written above. SOUTH ELGIN CHAMBER OF COMMERCE CITY OF ELGIN By d B Pry City Manager Attest: 2.e/ / Attest: ?)i).414-‘^-1;1- Tregt,4re v City Clerk DEUTSCH AMERIKANISCHER NATIONAL KONGRESS By Pres ude»f p.A.N.K. Fou Vce(le y Attest: hl.t.A-1-eur— i-Zecocrel;,9 cecve -/e17 3 • • Fft ' § City of Elgin Agenda Item No. z ,- e,u 4'1TE01 E _.. AC- September 3, 2004 G I Kms.. TO: Mayor and Members of the City Council i nj FROM: David M. Dorgan, City Manager a RECREATIONAL LEISURE ANO EUREATIO OPPORTUNITIES lE5 II-OR Al L<.1 it/FNS RuthAnne K. Hall, Management - alyst SUBJECT: Special Event Co-Sponsorship Agreement with SEBA and D.A.N.K. (The Fox Valley Chapter of the German/American Congress) Fox Valley Oktoberfest PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information regarding a co-sponsorship agreement with the South Elgin Chamber of Commerce (SEBA) and The Fox Valley Chapter of the German/American Congress (D.A.N.K.) for the Fox Valley Oktoberfest. RECOMMENDATION It is recommended that the City Council approve the agreement with SEBA and D.A.N.K. to co- sponsor the annual Fox Valley Oktoberfest scheduled for September 17-19, 2004, for a not-to- exceed amount of$1,850 in operational support. BACKGROUND The initial proposal to request co-sponsorship for the Fox Valley Oktoberfest, planned for September 17-19, 2004, was submitted to the City Council at their June 23, 2004 meeting. At that time, SEBA and D.A.N.K requested $3,700 in operational support, which included police security for the event and a street sweeper to clean the north area of the Meijer store parking lot at the close of the event. The proposal was denied by the City Council, stating that the event lacked economic benefit to the City of Elgin. Therefore, SEBA and D.A.N.K. have provided the additional detail attached to illustrate the economic benefit that the Fox Valley Oktoberfest provides to the City of Elgin. In addition, SEBA and D.A.N.K would like to revise the additional request for support to request assistance with 50 percent of the cost, estimated at $1,850, for City services. The 2004 Fox Valley Oktoberfest is proposed to once again be held in the Meijer Store parking lot, at 815 S. Randall Road in Elgin, IL. In a review of the economic benefit brought to the City of Elgin from last year's event, SEBA and D.A.N.K. reported that both the Meijer and Menards stores located in the adjacent parking area generated additional gross sales due to the event and hotels in Elgin generated significant, additional room reservations during the Oktoberfest weekend. In addition, the event brings in over 10,000 people to the event which includes a carnival, various food vendors, itinerant merchants, and music. Special Event Co-Sponsorship Agreement SEBA&D.A.N.K. September 3, 2004 Page 2 Attached is the proposed agreement which is acceptable to SEBA and D.A.N.K. The following are the main elements of the agreement between the City, SEBA and D.A.N.K.: 1. The City shall provide two (2) police officers for event security during event hours. The cost to the City for the services is estimated at $3,300, of which $1,650 will be reimbursed by SEBA and D.A.N.K. * This assumes no additional time for any arrests. 2. City shall provide a street sweeper to clean the north area of the Meijer store parking lot on Monday, September 20, 2004. The cost to the City for the service is estimated at $400, of which $200 will be reimbursed by SEBA and D.A.N.K. 3. SEBA and D.A.N.K. will provide dram shop insurance. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED South Elgin Chamber of Commerce (SEBA)and D.A.N.K. FINANCIAL IMPACT There are sufficient funds budgeted and available in the General Fund, account number 010- 3343-755.01-01 (street maintenance) to pay for the street sweeping of the Meijer store parking lot ($400) and account number 010-2308-731.01-02 (overtime earnings) to pay for police personnel related costs ($3,300). The City will be reimbursed $1,850 towards the cost of the services by SEBA and D.A.N.K. oEGAL IMPACT None. ALTERNATIVES 1. To approve the agreement with SEBA and D.A.N.K. to co-sponsor the annual Fox Valley Oktoberfest scheduled for September 17-19, 2004 for a not-to-exceed amount of$1,850 in operational support. 2. To not approve the agreement with SEBA and D.A.N.K. to co-sponsor the annual Fox Valley Oktoberfest scheduled for September 17-19, 2004. Respectfully submitted for Council consideration. ri. RAH Attachments