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05-151 Resolution No. 05-151 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE AFRICAN-AMERICAN COALITION (Juneteenth Festival) 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 Co-sponsorship Agreement on behalf of the City of Elgin with the African- American Coalition for the Miss African-American Scholarship Pageant/Juneteenth Festival to be held June 18, 2005, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock,Mayor Presented: May 11, 2005 Adopted: May 11, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this Amy // 4Elteref2005, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the "City") and the African American Coalition, an Illinois not-for-profit corporation(hereinafter referred to as "A.A.C."); WITNES SETH WHEREAS, the African American Coalition operates the Miss African-American Scholarship Pageant/Juneteenth Festival of 453 Freemont Street,Elgin,Kane County,Illinois; and WHEREAS,the A.A.C. has proposed a special event in the form of a festival for June 18, 2005,to be conducted on Civic Center Plaza,Elgin,Illinois(hereinafter referred to as the"Sub- ject Special 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,A.A.C.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 the center city area and will assist in promoting further redevelopment of the center city area; and WHEREAS,the City's City Council has further determined that it is in the best interests of the City to co-sponsor the Subject Special Event with the A.A.C. 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 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. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this Agreement, and for other good and valuable consideration,the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The City and the A.A.C. hereby agree to co-sponsor the Subject Special Event on June 18, 2005. The Subject Special Event will be located on Civic Center Plaza and shall be conducted between the hours of 11:30 a.m. and 7:30 p.m. on June 18, 2005. 3. A.A.C. shall apply for and obtain 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 A.A.C. 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". 4. A.A.C. shall be solely and strictly liable for the acts of its volunteers, officers and employees and A.A.C. 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 A.A.C., its agents, volunteers or employees. Nothing herein shall diminish or obviate the A.A.C. 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 provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 5. A.A.C. shall provide,without cost to the City,the insurance required pursuant to Elgin Municipal Code Section 13.25.070. A.A.C. shall provide the City's Director of Parks and Recreation with a certificate of general liability insurance naming the City 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 this 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. 6. In consideration of the A.A.C. being solely responsible for conducting the Subject Special Event and for all costs associated with the subject special event as provided herein, A.A.C. shall be entitled to retain any income received from the Subject Special Event. 7. In conjunction with the Subject Special Event permit application the A.A.C.shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the Chief of Police in writing five (5) business days before the Subject Special 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. City shall provide for the payment of one hundred percent(100%)of the cost as determined by the City of the direct and reasonable costs incurred to provide police services for the Subject Special Event; provided, however, that the total cost contributed by the City shall not exceed$2,000. The number of police officers and the duration of the special police detail for the special event shall be determined by the City's Chief of Police.Such security plan shall also include the A.A.C.providing at its sole cost between 2 to 3 additional private security staff at the Subject Special Event during the hours of 11:30 a.m.to 7:30 p.m. on Saturday, June 18, 2005. 8. A.A.0 at its sole cost shall publicize the location of all major parking areas in all of its advertisements, flyers and posters regarding the Subject Special Event. 9. A.A.C. at its sole cost shall apply for and obtain a Class I liquor license. The City Manager shall provide all necessary signatures on such liquor license application to evidence the City's co-sponsorship of the liquor license. A.A.C. shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. A.A.C. 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 coinsured with limits of not less that$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. All alcohol sales must end at 7:30 p.m. on Saturday,June 18, 2005. 10. A.A.C. at its sole cost shall apply for and obtain all necessary permits. Any entertainment and use of amplifiers shall be in compliance with all applicable laws and regulations, and shall end at 7:30 p.m. on Saturday, June 18, 2005. 11. City shall be responsible for providing 4 port-o-lets,a 20 yard dumpster, 1 hand washing unit and cardboard garbage receptacles with trash bag liners.The A.A.C. shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 12. Nothing contained in this Agreement shall be construed to relieve the A.A.C., 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. 13. This Agreement shall not be deemed or construed to create any employment, joint venture, partnership or other agency relationship between the parties hereto. 14. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes with the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 15. 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. 16. This agreement is the sole agreement between the parties hereto regarding Subject Special Event. There are no other agreements, either implied or verbal, between the parties hereto regarding Subject Special Event. This agreement shall not be modified or amended without the written agreement 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 i' AFRIC AMERICANjCOALITION By % By/b �A.c Ed Schock, Mayor Its Attest: Attest: iktOIVP4L_ City Clerk • OF E.( Agenda Item No. City of Elgin g nil* iED Fie, E E April22,2005 _ .------ N TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANC,CULTURAL OPPORTUNITIES FORA(/.�/TI7FNS FROM: Olufemi Folarin, City Manager Randy Reopelle,Parks and Rec ation Director SUBJECT: Co-Sponsorship Agreement with the African-American Coalition of Kane County, Illinois, for the Annual Juneteenth Festival PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider a Co-Sponsorship Agreement with the African-American Coalition of Kane County, Illinois for the third annual Juneteenth Festival to be held on the Civic Center Plaza. RECOMMENDATION It is recommended that the City Council approve the agreement with the African-American Coalition of Kane County, Illinois to co-sponsor the third annual Juneteenth Festival on Saturday, June 18, 2005 for a not-to-exceed amount of$2,020 in operational support. BACKGROUND Staff and representatives from the African-American Coalition of Kane County have discussed issues relating to an event planned for June 18, 2005. Due to the success of last year's Juneteenth Festival, the African-American Coalition of Kane County, Illinois has requested to hold this event again this year on the Civic Center Plaza. The Juneteenth Festival brings in over 500 people to the event which includes youth activities,music, food and various vendors. Attached is the proposed agreement which is acceptable to the African-American Coalition of Kane County, Illinois. The following are the main elements of the agreement between the City and the African American Coalition of Kane County, Illinois: 1. The City will provide police security for the event. The City's staff costs will not exceed$1,320. 2. The City will be responsible for providing port-o-lets for the event in the amount of$700. Co-sponsorship Agreement with the African American Coalition April 22,2005 Page 2 3. African-American Coalition will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $2,000,000 covering general liability,including personal injury and property damage. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED African-American Coalition of Kane County,Illinois 9,,,_____ FINANCIAL IMPACT The total cost of the Co-sponsorship Agreement with the African American Coalition of Kane County is a not to exceed amount of$2,020. Police services will equal no more than $1,320 and will be charged to the General Fund, Police Department Overtime Employee Earnings, account number 010-2308-731.01-02, project number 030108 where sufficient funds exist to pay for the personnel related overtime costs. A total of$700 will be allocated to the cost of port-o-lets,waste containers, and hand washing units for the event. The General Fund, Misc. Services City Co- sponsored Special Events, account number 010-0801-709.45-99 (budgeted and available $20,000),project number 030108 will be charged for these miscellaneous supplies. EGAL IMPACT None ALTERNATIVES 1. Approve the agreement with the African-American Coalition of Kane County, Illinois to organize the third annual Juneteenth Festival on June 18, 2005 for a not-to-exceed amount of$2,020 in operational support. 2. Do not approve the agreement with the African-American Coalition of Kane County, Illinois to organize the third annual Juneteenth Festival on June 18, 2005 for a not-to- exceed amount of$2,020 in operational support. Respectfully submitted for Council consideration. JG Attachment rk Co-sponsorship Agreement with the African American Coalition April 22,2005 Page 3 SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this day of April, 2005, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the African American Coalition, an Illinois not-for-profit corporation (hereinafter referred to as "A.A.C."); WITNESSETH WHEREAS,the African American Coalition operates the Miss African-American Scholarship Pageant/Juneteenth Festival of 453 Freemont Street, Elgin, Kane County, Illinois; and WHEREAS, the A.A.C. has proposed a special event in the form of a festival for June 18, 2005, to be conducted on Civic Center Plaza, Elgin, Illinois (hereinafter referred to as the "Sub- ject Special 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, A.A.C. 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 the center city area and will assist in promoting further redevelopment of the center city area; and WHEREAS, the City's City Council has further determined that it is in the best interests of the City to co-sponsor the Subject Special Event with the A.A.C. 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 r1970 Constitution of the State of Illinois; and Co-sponsorship Agreement with the African American Coalition April 22, 2005 Page 4 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 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. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The City and the A.A.C. hereby agree to co-sponsor the Subject Special Event on June 18, 2005. The Subject Special Event will be located on Civic Center Plaza and shall be conducted between the hours of 11:30 a.m. and 7:30 p.m. on June 18, 2005. 3. A.A.C. shall apply for and obtain 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 under- stand and agree that the A.A.C. 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". 4. A.A.C. shall be solely and strictly liable for the acts of its volunteers, officers and employees and A.A.C. 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 Co-sponsorship Agreement with the African American Coalition eillw April 22,2005 Page 5 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 A.A.C., its agents, volunteers or employees. Nothing herein shall diminish or obviate the A.A.C. 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 provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 5. A.A.C. shall provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070. A.A.C. shall provide the City's Director of Parks and Recreation with a certificate of general liability insurance naming the City 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 this 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. 6. In consideration of the A.A.C. being solely responsible for conducting the Subject Special Event and for all costs associated with the subject special event as provided herein, A.A.C. shall be entitled to retain any income received from the Subject Special Event. 7. In conjunction with the Subject Special Event permit application the A.A.C. shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgment that r Co-sponsorship Agreement with the African American Coalition April 22,2005 Page 6 any changes to the security plan must be submitted to the Chief of Police in writing five (5) business days before the Subject Special 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. City shall provide for the payment of one hundred percent (100%) of the cost as determined by the City of the direct and reasonable costs incurred to provide police services for the Subject Special Event; provided, however, that the total cost contributed by the City shall not exceed $1,320. The number of police officers and the duration of the special police detail for the special event shall be determined by the City's Chief of Police. Such security plan shall also include the A.A.C. providing at its sole cost between 2 to 3 additional private security staff at the Subject Special Event during the hours of 11:30 a.m. to 7:30 p.m. on Saturday, June 18, 2005. 8. A.A.0 at its sole cost shall publicize the location of all major parking areas in all of its advertisements, flyers and posters regarding the Subject Special Event. 9. A.A.C. at its sole cost shall apply for and obtain a Class I liquor license. The City Manager shall provide all necessary signatures on such liquor license application to evidence the City's co-sponsorship of the liquor license. A.A.C. shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. A.A.C. 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 coinsured with limits of not less that $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. All alcohol sales must end at 7:30 p.m. on Saturday, June 18, 2005. r Co-sponsorship Agreement with the African American Coalition April 22, 2005 Page 7 10. A.A.C. at its sole cost shall apply for and obtain all necessary permits. Any entertainment and use of amplifiers shall be in compliance with all applicable laws and regulations, and shall end at 7:30 p.m. on Saturday, June 18, 2005. 11. City shall be responsible for providing 4 port-o-lets, a 20 yard dumpster, 1 hand washing unit and cardboard garbage receptacles with trash bag liners. The A.A.C. shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean- up. • 12. Nothing contained in this Agreement shall be construed to relieve the A.A.C.,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. 13. This Agreement shall not be deemed or construed to create any employment, joint venture,partnership or other agency relationship between the parties hereto. 14. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes with the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 15. 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. 16. This agreement is the sole agreement between the parties hereto regarding Subject Special Event. There are no other agreements, either implied or verbal, between the parties hereto regarding Subject Special Event. This agreement shall not be modified or amended without the written agreement between the parties hereto. r rilt Co-sponsorship Agreement with the African American Coalition April 22,2005 Page 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN AFRICAN AMERICAN COALITION By By Ed Schock, Mayor Its Attest: Attest: City Clerk