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08-138 Resolution No. 08-138 RESOLUTION AUTHORIZING EXECUTION OF AN EVENT ASSISTANCE AGREEMENT WITH THE GROVE PROPERTY OWNERS ASSOCIATION, INC. FOR THE FIRST ANNUAL GROVE FEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Event Assistance Agreement on behalf of the City of Elgin with The Grove Property Owners Association, Inc. for 1st Annual Grove Fest to be held June 14, 2008, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Special Event Co-Sponsorship Agreement THIS AGREEMENT made and entered into this day of May, 2008, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and The Grove Property Owners Association, Inc., an Illinois corporation(hereinafter referred to as "The Grove"); WITNESSETH WHEREAS, The Grove operates the property located at Bushwood Drive, Elgin, Kane County, Illinois; and WHEREAS, The Grove has proposed a special event in the form of a Grove Fest to be held on June 14, 2008, to be conducted at The Grove, Bushwood Drive, 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 between the City and certain organizations; and WHEREAS, The Grove 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 west city area and will assist in promoting further redevelopment of the City's west 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 Grove 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 west 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 mutually 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 Grove hereby agree to co-sponsor the Subject Special Event on June 14, 2008. The Subject Special Event will be located at The Grove and shall be conducted between the hours of 11:00 a.m. and 4:00 p.m. 3. The Grove shall apply for and obtain a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The City's 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-sponsor- ship of the Subject Special Event, The Grove 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 (2) two police officers at a cost not to exceed $650.00. 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. 5. In conjunction with the Subject Special Event permit application The Grove 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) five business days before the event. 6. The City shall provide (1) one fire inspection by the Fire Marshall and (1) code inspection by a Code Officer at a cost not to exceed $276.00. 7. The City shall provide (1) one fire truck and (1) one firefighter for a maximum of (2)hours at a cost not to exceed $1,176.00. 8. The City shall provide (1) one street sweeper and (1) laborer at a cost not to exceed $498.00. 9. The City shall provide (4) four street barricades for a street closure at a cost not to exceed $216.00. 10. The City shall provide (2) two hand-washing units, (3) three standard and (2) handicapped port-o-lets, (10) ten trash and (5) five recycling containers, and (1) one 20-yard dumpster at a cost not to exceed $855.00 11. The Grove shall provide litter control and clean-up for the Subject Special Event, at no additional cost to the City. 12. The Grove shall provide the City with a final budget which includes an accounting of the revenues and the expenses associated with the Subject Special Event within sixty(60) days after the Subject Special Event. 13. Pursuant to the provisions of Elgin Municipal Code Section 13.25.090, The Grove shall be solely and strictly liable for the acts of its volunteers, officers and employees. The Grove 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 Grove, its agents, volunteers or employees. Nothing herein shall diminish or obviate The Grove'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 termination and/or expiration of this Agreement. 14. The Grove shall provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070. The Grove shall provide the City's Director of Parks and Recreation with a certificate of general liability insurance naming the City as 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 such 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. 15. In consideration of The Grove being solely responsible for conducting and clean- up of the refuse generated by the Subject Special Event and for all costs associated with the subject special event as provided herein, The Grove shall be entitled to retain any income received from the Subject Special Event. 16. The City shall provide the standard marketing support offered to all co-sponsored events which includes, but not limited to: advertisement on Channel 17, posting on the City website calendar of events, and Connections. 17. The Grove 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. The Grove shall also include the City and City logo as a co-sponsor of the Subject Special Event in all advertisements. 18. The Grove shall provide a booth at the special event for the City to promote Elgin at no cost. 19. The City shall provide the Public Works Mascot costumes and the trackless train for the events use at no cost. The Grove shall provide transportation of the train equipment to and from the site, provide a qualified driver, and assume liability for the train equipment while in care. 20. Nothing contained in this Agreement shall be construed to relieve The Grove, 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. 21. This Agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. 22. 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. 23. 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. 24. 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 THE GROVE PROPERTY OWNERS ASSOCIATION, INC By _ =��1 By 441 Ed Schock, Mayor Its \rcct su c. Attest: 7-)21/P City Clerk May 9, 2008 TO: Mayor and Members of the City Council = - _ FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Recreation Director SUBJECT: Co-Sponsorship Agreement with The Grove Property Owners Association, Inc. for Grove Fest 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 Grove Property Owners Association, Inc. for the 1St Annual Grove Fest to be held at The Grove. RECOMMENDATION It is recommended that the City Council approve the agreement with The Grove Property Owners Association, Inc. to co-sponsor the 1st Annual Grove Fest on June 14, 2008, for a not-to- exceed amount of$3,963 in operational support. BACKGROUND The Grove Property Owners Association, Inc. is hosting the 1st Annual Grove Fest, which is a family festival to attract residents and non-residents to experience the Grove's fine dining establishments. This event gives the City the opportunity to reach out to the community and inform them about our City services and recreational program offerings. Attached is the proposed agreement, which is very similar to other co-sponsorship agreements. The following are the main elements of the proposed co-sponsorship agreement between the City and The Grove Property Owners Association, Inc.: 1. The Subject Special Event will be located at The Grove and shall be conducted between the hours of 11:00 a.m. and 4:00 p.m. 2. The City shall provide two (2) police officers at a cost not to exceed $650. 3. The City shall provide one (1) fire inspection by the Fire Marshall and one (1) code inspection by a Code Officer at a cost not to exceed $276. 4. The City shall provide one (1) fire truck and at least two (2) firefighters for a maximum of two (2) hours at a cost not to exceed $1,176. Co-Sponsorship Agreement with The Grove Property Owners Association, Inc. May 9, 2008 Page 2 5. The City shall provide one (1) street sweeper and one (1) laborer at a cost not to exceed $495. 6. The City shall provide personnel to pick-up and deliver four (4) street barricades for a street closure at a cost not to exceed $216. 7. The City shall provide two (2) hand-washing units, three (3) standard and two (2) handicapped port-o-lets, ten (10) trash and five (5) recycling containers, and one (1) 20-yard dumpster at a cost not to exceed $1,150. 8. The Grove shall provide litter control and clean-up for the Subject Special Event, at no additional cost to the City. 9. The City shall provide the Public Works Mascot costumes and the trackless train for the events use at no cost. The Grove shall provide transportation of the train equipment to and from the site, provide a qualified driver, and assume liability for the train equipment while in its care. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total cost of the Co-Sponsorship Agreement with The Grove Property Owners Association, Inc. is a not to exceed amount of $3,963. The total costs for port-o-lets, waste containers and hand-washing units will be charged to the General Fund, City-Sponsored Special Events, account number 010-0801-709.45-99 ($60,000 budgeted and $53,050 available). Police services will be charged to the General Fund, Police Department Employee Earnings, account number 010-2308- 731.01-01. Fire Department employee overtime earnings will be charged to the General Fund, account number 010-2802-735.01-02, Overtime Earnings. Public Works employee overtime labor services will be charged to the General Fund, account number 010-0801-709.01-02, Overtime Earnings. The project number for this event is 039760. A budget transfer will be necessary. LEGAL IMPACT None x . • Co-Sponsorship Agreement with The Grove Property Owners Association, Inc. May 9, 2008 Page 3 ALTERNATIVES 1. The Council may choose to approve the agreement with The Grove Property Owners Association, Inc. to co-sponsor the 1st Annual Grove Fest on June 14, 2008 for a not-to- exceed amount of$3,963 in operational support. 2. The Council may choose not to approve the agreement with The Grove Property Owners Association, Inc. to co-sponsor the 1st Annual Grove Fest on June 14, 2008 for a not-to- exceed amount of$3,963 in operational support. Respectfully submitted for Council consideration. bk attachments