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08-201 f { Resolution No. 08-201 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ASIAN COMMUNITY NETWORK 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 a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin with the Asian Community Network for the first annual Elgin Asian Fest to be held August 30, 2008, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 27, 2008 Adopted: August 27, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this �day of August, 2008, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the Asian Community Network, an Illinois not-for-profit corporation (hereinafter referred to as "ACN"); WITNESSETH WHEREAS,the ACN operates the Asian Community Network Organization, of P.O. Box 5814,Elgin, Kane County, Illinois; and WHEREAS, the ACN has proposed an event in the form of a festival for August 30, 2008 to be known as"Elgin Asian Fest"; and WHEREAS, the Subject Special Event will be held at Festival Park on Saturday, August 30, 2008 in Elgin, Illinois (hereinafter referred to as the "Subject Special Events"); and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of special events between the City and certain organizations; and WHEREAS, ACN meets the criteria established by the Elgin Municipal Code for eligibility for co-sponsorship of special events; and WHEREAS, ACN 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 ACN 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 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 ACN hereby agree to co-sponsor the Subject Special Event on August 30, 2008. The Subject Special Event will be located at Festival Park. Hours for the Subject Special Event shall be from 12:00 a.m. to 10:00 p.m. 3. ACN 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. 4. ACN shall be strictly liable for the acts of its volunteers, officers and employees and ACN 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 ACN, its agents, volunteers or employees. Nothing herein shall diminish or obviate the ACN 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. ACN shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070 naming the City as a primary, non- contributory coinsured with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage with a general aggregate limit of not less than $2,000,000. This 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 the 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 ACN being solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event as provided herein. 7. In conjunction with the Subject Special Events permit application the ACN 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 Chief of Police in writing five (5) business days before the 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 $1950.00 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. Such security plan shall also include the ACN providing at its sole cost between 2 to 3 additional private security staff at the Subject Special Event during the hours of 12:00 p.m. to 10:00 p.m. on Saturday, August 30. 8. ACN 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. ACN liquor vendor 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. ACN's liquor vendor shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. RCN's liquor vendor 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 10:00 p.m. on Saturday, August 30. 10. ACN 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 11:00 p.m. on Saturday, August 30. 11. City shall provide 7 port-o-lets, a 20 yard dumpster, 2 hand washing units, and garbage receptacles with trash bag liners; provided, however, that the total cost for such port-o-lets, dumpsters and hand washing units to be paid by City shall not exceed $1,140. The ACN shall at its sole cost, pay for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean- up. 12. The City shall cover costs to provide land management staffs for clean-up before and after the Subject Special Event. The costs for the land management service for the City of Elgin will not exceed$1,800.00 13. The City shall not charge a rental fee to ACN for the rental of Festival Park. In the event any cost maximums to be paid by City as provided for herein are exceeded, ACN shall reimburse City for any such amounts which exceed said maximums within thirty(30) days of a written demand by City. 14. The City shall provide (1) one fire inspection by the Fire Marshall and (1) one health inspection by an officer of the code department at a cost not to exceed $276. 15. Nothing contained in this Agreement shall be construed to relieve the ACN, its officers, agents or employees, as well as any other participants in the Subject Special Events 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN Asian Community Network By By �/K Ed Schock, Mayor Its Attest: Attest: City Clerk iNI August 7, 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 Asian Community Network 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 Asian Community Network Organization for the first annual Elgin Asian Fest to be held at Festival Park. RECOMMENDATION It is recommended that the City Council approve the Co-Sponsorship Agreement with the Asian Community Network for the first annual Elgin Asian Fest on August 30, 2008, for a not-to- exceed amount of$5,266 in operational support. BACKGROUND The Asian Community Network is hosting the first annual Elgin Asian Fest on Saturday, August 30 at Festival Park. This event is a family festival filled with food, cultural interaction and entertainment to attract residents and non-residents to experience the diversity of the many Asian cultures in and around Elgin. This event also gives the City the opportunity to showcase how diverse the City is and all the amenities it has to offer current and future residents. To help offset the high cost involved with these activities, the Asian Community Network is requesting co-sponsorship from the City. The main elements of the agreement are as follows: 1. The Subject Special Event will be located at Festival Park, 132 S. Grove Avenue and shall be conducted between the hours of 12:00 p.m. and 10:00 p.m. 2. The City shall provide three (3) police officers at a cost not to exceed $1,950. 3. The City shall provide one (1) fire/code inspection at a cost not to exceed $138. 4. The City shall provide one (1) food/health inspection at a cost not to exceed $13$. Co-Sponsorship Agreement with the Asian Community Network August 7, 2008 Page 2 5. The City shall provide two (2) hand-washing units, five (5) standard and two (2) handicapped port-o-lets, 20 SE totes trash and 20 recycle bins, one (1) 20-yard dumpster at a cost not to exceed $1,140. 6. The City shall provide two (2) land management personnel at a cost not to exceed $1,800. 7. The Asian Community Network shall provide litter control and clean-up for the subject Special Event, at no additional cost to the City. COMMUNITY GROUPSANTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total cost to the City for materials and services associated with the Asian Fest Agreement is a not-to-exceed amount of$5,266. There are sufficient funds budgeted ($60,000) and available ($6,196) in the General Fund, "Misc Services City Co-Sponsored Special Events," account number 010-0801-709.45-99, project number 039745, to cover the cost of: $1,140 for port-o- lets, hand washing units and dumpster. Operational support not to exceed $4,026 from City departments will be covered within their General Fund departmental operating budgets as follows: Police, $1,950 from Overtime Salary account number 010-2308-731.01-02; Land Management, $1,800 from Overtime Salary account number 010-3371-764.01-02; Fire, $138 from Overtime Salary account number 010-2802-735.01-02; and Code, $138 from Overtime Salary account number 010-1606-717.01-02. Fees to be waived will be $100 for the rental fee of Festival Park. LEGALIMPACT None ALTERNATIVES 1. The City Council may choose to approve the Co-Sponsorship Agreement with the Asian Community Network to conduct Elgin Asian Fest in the amount not to exceed $5,266. 2. The City Council may choose not to approve the Co-Sponsorship Agreement with the Asian Community Network to conduct Elgin Asian Fest. Respectfully submitted for Council consideration. kc attachments Co-Sponsorship Agreement with the Asian Community Network August 7, 2008 Page 3 ITY TO REQUEST TOTAL ITEM OF SUPPORT REQUEST PER UNIT PER UINIT REQUESTED Filled in by City) COST 20 Yard Dumpster 1 $295.00 $295.00 Port-o-lets 5 $93.00 $465.00 Handicapped Port-o-lets 2 $85.00 $170.00 Handwashing Units 2 $105.00 $210.00 Trash bag liners no charge 40 $0.00 Water Hook-up Festival Park Rental $100.00 $100.00 COST TO CITY PER HOUR Police 3 $65.00 10 $1,950.00 Fire Inspection 1 $69.00 2 $138.00 . 1 $69 $138.00 .00 2 ` Food/Health Inspection $1,800.00 Land Management 2 $90.00 10 TOTAL COST $5,266.00 $5,266.00 TOTAL WAIVED FEES $5,266.00