07-91 Resolution No. 07-91
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVNT CO-SPONSORSHIP
AGREEMENT WITH THE OUTDOOR EXHIBITION GROUP
FOR A RIB FESTIVAL
BE IT RESOLVED BY THE CITY COUNCIL OF Tit CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor, and Dolonna Mecum, City Clerk, be and acre hereby authorized and directed to
execute a Special Event Co-Sponsorship Agreement on behalf Of the City of Elgin with the Outdoor
Exhibition Group for a Rib Festival to be held at Festival Park pn May 28,2007, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 11, 2007
Adopted: April 11, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
S i ecial Event Co-S s onsorshi A reement
THIS AGREEMENT is made and entered into this , k day of April 2007 by and
between the CITY OF ELGIN, as an Illinois municipal corpo .tion (hereinafter referred to as the
"City") and the Outdoor Exhibition Group, an Illinois not for-profit corporation (hereinafter
referred to as "OEG".)
WITNESSETH
WHEREAS, the OEG located in Elgin, Kane Couniy, Illinois has proposed a special
event in the form of a Rib Festival for May 28, 2007 to be cone ucted at Festival Park (hereinafter
referred to as the "Subject Special Event") and
WHEREAS, Elgin Municipal Code Section 13.25.0 0 OA requires special events to be
sponsored and conducted by not-for-profit corporations or associations or by public bodies; and
WHEREAS, the OEG has requested that the City entor a Co-Sponsorship Agreement for
the Subject Special Event; and
WHEREAS, the City has determined that the Subject '.pecial Event will attract additional
interest in family events; and
WHEREAS, the City Council has further determined that it is in the best interests of the
City to enter into a Co-Sponsorship Agreement for the Subje t Special Event and with the OEG
in accordance with the terms and conditions of this Co-Sponsorship Agreement; and
WHEREAS, the City Of Elgin is a home rule mu i cipality as defined in Article VII
Section 6a of the 1970 Constitution of the State of Illinois; an.
WHEREAS, a home rule unit may exercise any 'tower and perform any function
pertaining to its government and affairs; and
WHEREAS, the Co-Sponsorship Agreement for the S bject Special Event and promoting
further interests in redevelopment of the City's center city a ea 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 valuab e consideration, the sufficiency of
which is hereby acknowledged, the parties hereto agree as fol ows:
1. That the foregoing recitals are hereby incorpo ated into this agreement in their
entirety.
2. That the City and the OEG hereby agree to coop.erate in the administration of the
Subject Special Event consisting of the proposed 'ib Festival on May 28, 2007. The
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Subject Special Event will be located Festival Park and shall be conducted between
the hours of 11:00 a.m. to 6:00 p.m., Monday, May 28, 2007. The City's total costs
for the Subject Special Event shall not exceed $6,7$5.00 which shall be applied solely
to the following matters:
a. Costs to provide three (3) police officers for event security. Such security shall be
provided by City during event hours: May 28, 2006, 1 :00 a.m. - 6:00 p.m. The costs for
the police service for the City of Elgin will not exceed $1,500.00. In the event said police
services exceed $1,500.00, the OEG shall assume aid be liable for any and all costs
beyond said $1,500.00.
b. Costs to provide port-o-lets, waste containers, water, ad hand washing units, awards and
apparel at a cost not to exceed $1,645.00 during the event.
c. The City will cover costs to provide (2) Land ManageMent staff for event setup and clean
up on May 27, 2007 (Noon- 4:00 p.m.) and May 28, 2b07, (10:00 a.m. to 7:00 p.m.). The
costs for the labor for the City of Elgin will not exceed $1,200.00.
d. The City shall cover the costs to provide the services of one (1) Fire Inspector for a pre-
site inspection on May 28, 2007. The cost for the service for the City of Elgin will not
exceed $140.00.
e. The City shall provide deposits on the following items. Total costs to the City of Elgin
for such deposits shall not exceed $2,250.00:
a) $500.00 event insurance deposit
b) $1,000.00 Street Corner Blue deposit (live Husic)
c) $450.00 Petey the Clown deposit
d) $300.00 Ernesto Tones deposit (DJ)
In the event that any of these deposits are refundable from the vendors, the City shall
receive such deposits when refunded.
3. The City will provide marketing support for this event in conjunction with other City
events scheduled for Memorial Day, including the 30th annual Fox Trot and the
Kiwanis Pancake Breakfast.
4. The OEG will provide the City a full and detailed written accounting of all its income
and expenditures for the Subject Special Event no later than ninety (90) days after the
day of the Subject Special Event.
5. OEG shall pay all other costs associated with the Subject Special Event including but
not limited to litter control and clean-up.
6. The OEG shall be responsible for applying for and obtaining a special events permit
as provided for under Elgin Municipal Code Chapter 13.25. The City shall provide
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all necessary signatures on the special event appl.cation to evidence the City's co-
sponsorship of the Subject Special Event.
7. Notwithstanding the City's co-sponsorship of the Subject Special Event, the parties
hereto understand and agree that the OEG 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," except as specifically
provided for herein.
8. Notwithstanding the City's co-sponsorship of the Subject Special Event, the OEG
agrees that pursuant to this agreement and pursuant to the provisions of Elgin
Municipal Code Section 13.25.090, that the OEG hall be strictly liable for the acts of
its volunteers, officers and employees and that the dEG to the fullest extent permitted
by law shall indemnify, defend, and hold harrnles the City, its officers, employees,
agents, boards and commissions from and a ainst any and all claims, suits,
judgments, costs, attorney's fees, damages or oche relief arising out of or in any way
connected with the Subject Special Event or any acts or omissions of the OEG, its
agents, volunteers or employees. Nothing herein shall be construed so as to limit or
abrogate the OEG'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 provisions of this paragraph shall
survive any completion, teimination and/or expiration of this agreement.
9. OEG and the City agree that all gross receipts from the Subject Special Event shall be
paid and distributed as follows:
Any Rib Fest revenues will first directly pay the outstanding invoice for the
Walton Island Flag Sculpture in the amount of one thousand dollars ($1,000) and
OEG's outstanding event expenses. Then the balance of any net receipts from the
Subject Special Event OEG shall reimburse the City one thousand — seven
hundred and fifty dollars ($1,750) for the entertainment deposits. The remaining
net receipts shall be paid in the amounts of seventy-five percent thereof to OEG
and twenty-five percent thereof to be donated to the Elgin Youth Scholarship
Fund. The OEG shall reimburse the City one thousand— seven hundred and fifty
dollars ($1,750) for the entertainment deposits no later than sixty (60) days after
the event. If the event is canceled due to weather conditions, the City shall not be
reimbursed deposit fees.
10. That the OEG at its sole cost shall apply for and obtain all necessary permits. Any
entertainment and use of amplifiers shall be n compliance with all applicable
regulations, and must end at 6:00 p.m. on Monday, May 28, 2007.
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. .
11. In conjunction with the Subject Special Event permit application OEG shall submit to
the City a security plan to be approved by the City's Chief of Police with an
acknowledgment that any changes to the security plan must be submitted to the City's
Chief of Police in writing five (5) business days before the event. Such security plan
shall include a system of badges, plastic bracelets c:4-other such approved device so as
to identify persons 21 years of age or older authorized to purchase and consume
alcohol. City hereto shall provide for the payment of one hundred percent (100%) of
the cost as determined by the City of the direct ard reasonable costs incurred by the
City to provide police, public works and paramedic services for the Subject Special
Event; provided, however, that the total cost contributed by the City shall not exceed
$6,735.00. Any costs which exceed $6,735.00 shall be paid solely by OEG. OEG
shall provide all payments provided for herein o City within thirty (30) days of
written demand for payment by City. Such estim ted cost shall be determined in the
sole discretion of the City. The number of poli e officers and the duration of the
special police detail for the special event shall be determined by the City's Chief of
Police.
12. The OEG 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. '
13. OEG at its sole cost shall apply for and obtain Class I liquor license. The City
Manager shall provide all necessary signatures ori such liquor license application to
evidence the City's co-sponsorship of the liquor license. OEG shall be the vendor
under such Class I license which shall actually !conduct and be responsible for all
liquor sales. OEG 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 (:r suspended without at least thirty
(30) days prior written notice to the City. All alcohol sales must end at 6:00 p.m. on
Monday, May 28.
14. That nothing contained in this agreement shall be construed to relieve the OEG, 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 tp obtaining any other permits or
approvals as required by law.
15. That this agreement shall not be deemed or construed to create any employment,joint
venture, partnership or other agency relationship between the parties hereto.
16. The terms of this agreement shall be severable In the event any of the terms or
conditions of this agreement shall be deemed to be void or otherwise unenforceable
for any reason, the remainder of this agreement shall remain in full force and effect.
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17. 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.
18. In the event of any breach of the terms or provisions of this agreement by OEG, or in
the event the Subject Special Event does not tak place for any reason, OEG shall
refund to City any amounts paid to OEG by City at no penalty to City. Such refund
shall not constitute or be construed as a waiver oi any other remedies to which City
may be entitled by law.
IN WITNESS WHEREOF, the parties hereto have exectned this agreement on the date and
year first written above.
CITY OF ELGIN OEG
By: rie4=,,L
Ed Schock, Mayor Its: ./.rA e
Attrv4Attest:
42._ Atect44,...
City Clerk
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,...0 OF
City of Elgin Agenda Item No. \(-
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* 14
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fIn\O'
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L ' . ic
March 9, 2007 G :.
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TO: Mayor and Members of the City Council N
FROM: Olufemi Folarin, City Manager .41-' ACCFICATIONAL LEI,UFIC
ANL,C.L.LWHAL(WPC",UNINk.
Randy Reopelle, Parks and Recreation Director
SUBJECT: Co-Sponsorship Agreement with the Outdoor Ehibition Group for Rib Fest
PURPOSE
The purpose of this memorandum is to provide the Mayor and nembers of the City Council with
information to consider entering into a Co-Sponsorship Agreetient with the Outdoor Exhibition
Group (OEG) for the annual Rib Fest scheduled for Memorial Iay, Monday, May 28, 2007.
r RECOMMENDATION
It is recommended that the City Council approve entering into a Co-Sponsorship Agreement with
the Outdoor Exhibition Group in an amount not to exceed $6,735 in financial and in-kind
support.
BACKGROUND
Representatives from the OEG have submitted a City of Elgin Special Event Application to hold
their annual Rib Fest at Festival Park on May 28, 2007. Thiseventis one of several City events
scheduled for Memorial Day. Other events are the 30th AnnualFox Valley Trot and the Kiwanis
Pancake Breakfast. This year, Rib Fest will be taking place in conjunction with Festival Park's
ribbon cutting ceremony.
The OEG is a non-profit organization committed to providing an annual Rib Fest for the
purposes of helping raise funds for the Walton Island Flag Sculpture and the Elgin Youth
Scholarship Fund. They are also interested in offering an entertaining event for Elgin residents
in the downtown area where neighbors can meet and develop new relationships.
As a part of the City's support for the event, a Co-Sponsorship Agreement is proposed. Staff has
met with representatives of the OEG on several occasions to review event logistics and the
budget, which for the entire event totals $13,373. Rib Fest reVenues will first directly refund the
rCity for deposits made and then OEG's event costs. Any net receipts shall be paid in the amounts
of seventy-five percent to OEG for next year's event costs and outstanding invoices for the
Walton Island Flag Sculpture and twenty-five percent to be donated to the Elgin Youth
Scholarship Fund.
Co-Sponsorship Agreement with the OEG for Rib Fest
March 9, 2007
Page 2
The main items of the agreement are as follows:
1. The City shall cover the costs to provide three (3) plice officers for event security.
Security will need to be provided during event hours: May 28, 2007, 11:00 a.m. -
6:00 p.m. The costs for the police service for the City of Elgin will not exceed $1,500.
2. The City will cover the costs to provide port-o-lets, wast containers, hand-washing units,
and awards and apparel during the event at a cost not to xceed $1,645.
3. The City will cover the cost to provide two (2) Land Management staff for event setup
and clean up on May 27, 2007 (Noon - 4:00 p.m.) ad May 28, 2007 (10:00 a.m. -
7:00 p.m.). The costs for the Land Management labor for the City of Elgin will not
exceed $1,200.
4. The City shall cover the costs to provide the services o one (1) Fire Inspector for a pre-
site inspection on May 28, 2007. The cost for the service for the City of Elgin will not
exceed $140.
5. The City shall provide deposits for entertainment and event insurance. Total costs to the
City of Elgin will not exceed $2,250.
6. The City will provide marketing for the event by includling it with promotion of the other
events on that day by way of posters, newspaper ads, and other appropriate venues.
7. The OEG will provide the City a full and detailed accounting of all its income and
expenditures for this event no later than ninety (90) days after the day of the event.
8. The OEG 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.
9. The OEG will reimburse the City $1,750 for entertainment deposits, no later then sixty
(60) days after the event.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
ful‘
eill'6'
Co-Sponsorship Agreement with the OEG for Rib Fest
March 9, 2007
Page 3
71"INANCIAL IMPACT
The total cost of the Co-Sponsorship Agreement with OEG is not to exceed amount of$6,735.
The total costs for port-o-lets, waste containers and hand-w shing units, awards and apparel,
insurance, and entertainment expenses will not exceed $3,895 (with $1,750 refunded to the City
from the initial event revenues) and will be charged to the General Fund, City-Sponsored Special
Events, account number 010-0801-790.45-99 (budgeted $10,000 and available $10,000). Police
services will not exceed $1,500 and will be charged to the General Fund, Police Department
Employee Earnings, account number 010-2308-731.01-01 wh re sufficient funds exist to pay for
the personnel-related overtime costs. Fire Department em loyee overtime earnings will not
exceed $140 and be charged to the General Fund, acco nt number 010-2802-735.01-02,
Overtime Earnings. Land Management employee overtime la or services will not exceed $1,200
and be charged to the General Fund, account number 010-3371-764.01-02, Overtime Earnings.
The balance of any net receipts from the event will be used toffset event related expenses and
Walton Island Flag Sculpture (75%) and the Elgin Youth Sci olarship Fund (25%). The project
number for this event is 039703.
r EGAL IMPACT
None
ALTERNATIVES
1. The Council may choose to approve the Co-Sponsorship Agreement with the Outdoor
Exhibition Group in an amount not to exceed $6,735.
2. The Council may choose not to approve the Co-Spons?rship Agreement with the Outdoor
Exhibition Group in an amount not to exceed $6,735.
3. The Council may choose to approve the Co-Sponsorship Agreement with the Outdoor
Exhibition Group in an amount less than $6,735.
Respectfully submitted for Council consideration.
bk
Attachment
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