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07-110 Resolution No. 07-110 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE AFRICAN-AMERICAN COALITION OF KANE COUNTY (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 of Kane County for the Juneteenth Festival to be held June 16 and 17, 2007, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 9, 2007 Adopted: May 9, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk S SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this /7 day of April, 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the African American Coalition of Kane County, an Illinois not-for-profit corporation (hereinafter referred to as "AACKC"); WITNESSETH WHEREAS, the AACKC operates the Miss African-American Scholarship Pageant/Juneteenth Festival, of 453 Freemont Street, Elgin, Kane County, Illinois; and WHEREAS, the AACKC has proposed a special event in the form of a festival for June 16 and 17, 2007, to be conducted on Civic Center Plaza, Elgin, Illinois (hereinafter referred to as the "Subject Special Event"); and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of special events as set forth in the City of Elgin Special Event Co-sponsorship Guidelines; and WHEREAS, AACKC 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 city; 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 AACKC 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 - 1 - 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 AACKC hereby agree to co-sponsor the Subject Special Event on June 16 and 17, 2007. 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 16, 2007 and 1:30 p.m. and 6:00 p.m. on June 17, 2007. 3. The AACKC 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, AACKC 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. The City shall provide and pay the cost of one (1) police officer for the Subject Special Event on June 16, 2007 from 11:00 a.m. until 8:00 p.m. and June 17, 2007 from 1:30 p.m. until 6:30 p.m. The costs for the police service for the City of Elgin shall not exceed $882.00. In the event such Subject Special Event requires additional services in excess of a total cost of $882.00 the cost of such additional police services shall be borne by AACKC. - 2 - 5. In conjunction with the Subject Special Event permit application the AACKC 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 not less than five (5) business days before the Subject Special Event. Such security plan shall also include the AACKC providing at its sole cost between 1 to 3 additional private security staff at the Subject Special Event during the hours of 11:30 a.m. to 12:00 a.m. on Saturday, June 16, 2007 and 12:01 a.m. to 6:30 p.m. on Sunday, June 17, 2007. 6. The City shall provide and pay the cost for two (2) Land Management personnel for the set up and take down of garbage receptacles for the Subject Special Event. The costs for labor shall not exceed $200.00. 7. The City shall provide the cost for one fire inspection by the Fire Marshall for the Subject Special Event. The cost for the inspection shall not exceed $138.00. 8. The AACKC shall obtain a water meter from the City's water department and shall use such water meter to measure all water used for the Subject Special Event. At the conclusion of the Subject Special Event, the AACKC shall pay City all costs associated with the water usage indicated by the subject water meter no later than July 17, 2007. At the time such water meter is obtained from the City's water department, the AACKC shall provide a Two Hundred Dollars ($200) deposit for the water meter, which upon the return of the water meter in good condition shall be applied toward the aforementioned water costs. 9. The City shall provide one (1) 20 yard dumpster, four (4) port-o-lets, two (2) hand washing units, ten (10) garbage and (10) recycling containers, and one (1) case of trash liners for the Subject Special Event. The AACKC shall be responsible for all other - 3 - sanitary facilities, necessary electrical power and litter facilities, litter control and clean- up. The costs for these items shall not exceed $895.00. 10. The AACKC shall be solely and strictly liable for the acts of its volunteers, officers and employees and AACKC 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 AACKC, its agents, volunteers or employees. Nothing herein shall diminish or obviate the AACKC 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. 11. AACKC shall provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070. AACKC 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 - 4 - insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 12. In consideration of the AACKC being solely responsible for conducting and the clean up of the refuse generated from the Subject Special Event and for all costs associated with the Subject Special Event as provided herein, the parties understand and agree that AACKC shall be entitled to retain any income received from the Subject Special Event. 13. The AACKC 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. 14. The AACKC 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 16, 2007 and 6:00 p.m. on Sunday, June 17, 2007. 15. Nothing contained in this Agreement shall be construed to relieve the AACKC, 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. 16. This Agreement shall not be deemed or construed to create any employment, joint venture, partnership or other agency relationship between the parties hereto. 17. 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. - 5 - 18. 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. 19. 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. 20. It is agreed and understood that the services referred to in this agreement to be provided by the City are general services only and that no special duties or obligations are intended nor shall be deemed or construed to be created by this agreement. It is further agreed and understood that this agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded the City and/or its officials, officers, employees, and/or agents pursuant to the Local Governmental and Governmental Tort Immunities Act at 745 ILCS 10/1-101 et seq., as amended, and/or otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Act, as amended, and/or otherwise provided by law, shall fully apply to any and all claims asserted or which might be asserted against the City and/or its officials, officers, employees, and/or agents as a result of this agreement or any of the actions of the City or its personnel pursuant to this agreement. Without limiting the foregoing, it is further agreed and understood that the City and its officials, officers, employees, and/or agents as a result of this agreement or any of the actions of the City or its personnel pursuant to this agreement shall not be liable to any party to this agreement or any other person or entity for failure to provide adequate police protection or service, failure to prevent the commission of crimes, failure to detect or solve crimes and/or fail to identify or apprehend criminals. Notwithstanding anything to the contrary in this agreement, it is - 6 - agreed and understood that no third party beneficiaries are intended to be created by the provisions of this agreement and it is the intention and agreement of the parties hereto that no action may be commenced by the AACKC or any other person or entity against the City and/or any of the City's officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breached or failure to provide services described in this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN AFRIC AMERICAN COALITION By By / ' e1� � Ed Schock, Mayor Its Se.. e..76A,L4d.:de,v,-*- Attest: Attest: City Clerk - 7 - OF 6.1c, � City of Elgin Agenda Item No. J4rirru1c'z April 6, 2007 ; :.ate, TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Re eation 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 the City Council with information to consider a Co-Sponsorship Agreement with the African-American Coalition of Kane County, Illinois, for the fourth 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 fourth annual Juneteenth Festival on Saturday, June 16' and Sunday, June 17, 2007, for a not-to-exceed amount of$2,115. BACKGROUND The African American Coalition of Kane County has hosted a Juneteenth Festival on the Civic Center Plaza for the past three years. This year, the Coalition is requesting to extend their event from a one-day festival into a two-day festival. The Juneteenth Festival provides youth activities, music, food and various vendors; which brings in several hundred people to the center city area. As part of the City's support for the event, a Special Event Co-Sponsorship Agreement is proposed. The main items of the agreement are as follows: 1. The City shall cover costs to provide one (1) police officer for the subject event. The costs for the police service for the City shall not exceed $882. 2. The City shall cover costs to provide two (2) Land Management personnel for the set up and take down of garbage receptacles for the subject event. The costs for the labor for the City of Elgin shall not exceed $200. Co-Sponsorship Agreement for the Annual Juneteenth Festival April 6, 2007 Page 2 3. The City shall cover the cost to provide one (1) fire inspection by the Fire Marshall for the subject event. The cost for the inspection shall not exceed $138. 4. The City shall cover the cost to provide hand-washing units, standard and handicapped port-o-lets and a 20-yard dumpster for the subject event. The costs for these rentals by the City shall not exceed $895. 5. The African-American Coalition shall 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 None ( jNANCIAL IMPACT JThe cost of the Co-Sponsorship Agreement with the African American Coalition of Kane County rk is not to exceed $2,115. Police services will equal no more than $882 and will be charged to the General Fund, Police Department Overtime Employee Earnings, account number 010-2308- 731.01-02 where sufficient funds exist to pay for the personnel related overtime costs. Land Management personnel labor services will not exceed $200 and be charged to overtime salary account number 010-3321-753.01-02. Fire Department employee overtime earnings will not exceed $138 and be charged to the General Fund, account number 010-2802-735.01-02, Overtime Earnings. A total of$895 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 $1 0,000 and available $6,000) will be charged these rentals. The project number for this event is 039705. EGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve the Co-Sponsorship Agreement with the African- American Coalition of Kane County, Illinois, to organize the fourth annual Juneteenth Festival on Saturday, June 16' and Sunday, June 17' 2007, for a not-to-exceed amount of $2,115. rk Co-Sponsorship Agreement for the Annual Juneteenth Festival ri"*‘ April 6, 2007 Page 3 2. The Council may choose not to approve the co-sponsorship agreement with the African- American Coalition of Kane County, Illinois, to organize the fourth annual Juneteenth Festival on Saturday, June 16' and Sunday, June 17, 2007, for a not-to-exceed amount of $2,115. Respectfully submitted for Council consideration. bk attachment r r