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Home My WebLink About98-173 Resolution No. 98-173 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE PUERTO RICAN PARADE COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Cost Sharing Agreement on behalf of the City of Elgin with the Puerto Rican Parade Committee for a dinner and parade to be held August 7 and 8, 1998, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 22 , 1998 Adopted: July 22, 1998 Vote: Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT COST SHARING AGREEMENT THIS AGREEMENT made and entered into this day of July, 1998, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and PUERTO RICAN PARADE COMMITTEE, an Illinois not-for-profit corporation (hereinafter referred to as "Elgin Puerto Rican Committee" ) . WITNESSETH WHEREAS, Elgin Puerto Rican Committee is an Illinois not-for-profit corporation located in Elgin, Kane County, Illinois; and WHEREAS, Elgin Puerto Rican Committee has proposed a special event in the form of a dignitaries dinner and parade on August 7 and 8, 1998, with the dinner to be conducted at the Hemmens Exhibition Hall and the parade at Elgin Community College (hereinafter referred to as the "Subject Special Event" ) ; and WHEREAS, Elgin Municipal Code Section 13 .25 .020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies; and WHEREAS, Elgin Puerto Rican Committee has requested that the City share the cost of 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 Council has further determined that it is in the best interests of the City to share in the costs of the Subject Special Event with Elgin Puerto Rican Committee in accordance with the terms and conditions of this cost sharing agreement; and WHEREAS, the City of Elgin 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 cost sharing 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 of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1 . That the foregoing recitals are hereby incorporated into -this agreement in their entirety. 2 . That pursuant to the terms of this agreement the City and Elgin Puerto Rican Committee hereby agree to share the cost of the proposed special event consisting of the Puerto Rican dinner and parade on August 7 and 8, 1998 . The dinner will be held in the Hemmens Exhibition Hall on Friday, August 7 , 1998, from 7 :00 p.m. to 9 : 00 p.m. with the parade at 2 Elgin Community College on August 8, 1998, between the hours of 11 : 00 a.m. and 1:00 p.m. 3 . That Elgin Puerto Rican Committee shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13.25 . Notwithstanding the City' s cost sharing of the Subject Special Event, the parties hereto understand and agree that Elgin Puerto Rican Committee 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" . Additionally, notwithstanding the City' s cost sharing of the Subject Special Event, Elgin Puerto Rican Committee agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 .25 . 090, that Elgin Puerto Rican Committee shall be strictly liable for the acts of its agents, volunteers, officers and employees and that Elgin Puerto Rican Committee to the fullest extent permitted by law shall indemnify and hold harmless the City, its officers, agents and employees from any claims, suits or liability whatsoever including, but not limited to, any court costs or reasonable attorney' s fees arising out of or in any way connected with the Subject Special Event or any acts or omissions of Elgin Puerto Rican Committee, its agents, volunteers, officers or employees . Elgin Puerto Rican Committee 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, 3 non-contributory coinsured with limits of not less than $500,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury and property damage. 4 . That in consideration of Elgin Puerto Rican Committee being solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event as provided herein, the parties understand and agree that Elgin Puerto Rican Committee shall be entitled to retain any income received from the subject special event. 5 . That in conjunction with the subject special event the parties hereto agree that the City shall contribute to the cost of the special event by providing for the Hemmens Exhibition Hall rental for Friday, August 7 , 1998, for the time period of 6 :00 p.m. to 10 : 00 p.m. , valued in the amount of $933 .50 . The City agreeing to provide for the Hemmens Exhibition Hall rental shall be the sole and only contribution to the cost for the subject special event by the City. 6 . That the Puerto Rican Committee shall provide and pay for all other costs associated with the subject special event including but not limited to entertainment costs estimated at $1,400 . 00, advertising costs estimated at $1, 500. 00, insurance costs estimated at $550. 00 and miscellaneous costs estimated at $200 . 00 . 7 . That Elgin Puerto Rican Committee at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event. Any 4 entertainment and use of amplifiers shall be in compliance with all applicable regulations . 8 . That with respect to the parade Elgin Puerto Rican Committee at its sole cost shall be responsible for providing all toilets and other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 9 . That nothing contained in this agreement shall be construed to relieve Elgin Puerto Rican Committee, 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. 10 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship 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 ELGIN PUERTO RICAN PARADE COMMITTEE By By 7[,/A).4 g Kevin Kelly, M r Its AMMFAMMARIMAIREID2W, e69-72L-1A41 Attest: Attest : City Clerk 5 • 1200 seat auditorium 11,340 sq. ft. exhibition hall kitchen facilities meeting rooms ( City of Elgin aa I Office:(1)7)697-3616 150 Dexter Court Box Office: (M)931-5900 Elgin, Illinois 60120 Fax:(Na)931-5940 July 2 1, 1998 TO: Joyce A. Parker, City Manager FROM: Blythe Rainey-Cuyler, Cultural Center ManaggRc____ VIA: Deborah Nier, Management Assistant SUBJECT: Elgin Puerto Rican Parade Committe ' s Dignitaries ' Dinner, August 7 It is my understanding that the Elgin Puerto Rican Parade Committee will be asking the Mayor and City Council to waive the rental costs for their upcoming August 7th dinner for dignitaries . They plan on requesting this at the Committee of the Whole Meeting on Wednesday, July 22 . Kim Forbes , The Hemmens ' Front-of-House Supervisor, who books rent- al space and prepares rental contracts, and I have several concerns regarding this matter. Background: When the Elgin Puerto Rican Parade Committee request- ed rental information from Kim she verbally informed them of the es- timated non-profit rate (see attached estimation sheet) and also told them of the required deposit of $100 to hold that date on our books . They never responded nor returned any of Kim' s calls . Al- though the reservation date was consequently released because of no response, the date still remains available; 1 . Approximately 80% of The Hemmens ' "business" is through rental activity, not City-sponsored concerts/shows . Of that 80% ap- proximately 50% of rental activity is with non-profits . The Hemmens rental rates are set by the Mayor and Council during the City budget deliberations . Based on extensive research, we know that The Hemmens has the most reasonable rates in the re- gion and, consequently, many non-profits book the facility (The- atre and Exhibition Hall) a year or more in advance. Our reve- nues are heavily dependent upon our rental fees . Although The Hemmens, as a public non-profit entity, is not a for-profit or- ganization, The Hemmens ' revenues ( from both rentals and City- sponsored events ) have staeadily increased over the last three years through management' s efforts to be fiscally responsible and to increase awareness of the facility and what it can offer the public; - 2 - 2 . If one worthwhile non-profit group is allowed to have its rent- al fees waived by Mayor and Council for an event how does The Hemmens deny other non-profit organizations, just as worthy, the same privilege? The word of such a waiver would quickly spread throughout the non-profit organizations in our region and we would be placed in the position of referring all non- profit rental waiver requests to the Mayor and Council . This would continually place the Mayor and Council in a politically sensitive position as they judge the worthiness of the many non-profit groups . Obviously, rental revenues would also de- crease dramatically. These concerns in no way reflect any doubts as to the worthiness of the Elgin Puerto Rican Parade Committee ' s work in our community; however, I wish to make the City management and the City' s elected officials aware of the ramifications of such a rental waiver re- quest. attachment --- ^ ha.rs For Equipment arid Labor , ' CHARGE PER UNIT TOTAL EQUIPMENT . '-199& 1999 MOO QUA COST xi Acoustical Reflector(Floor, per unit) :;: :,...•- 7.00 7.70 8.10 111111111111 El Acoustical Reflectors Hanging, per set) E1100 11.00 11.55 11111111110 BlntMIZIIIIIIIIIIIIIIIIIMIMIMIIIIIII:--' ''-f.t.00 1.10 1.15 I Chair metal folding �� //�.�w |ao/e. ne�z�ncU� `-��.3-,:uu 3.65 3.80 3 i /a,9. 3(` 6 Table, round If.'::7_.CF:a_60 3.95 4.15 7 Table Skirt 8 ROSCO Dance Floor 9 Electric Truck, per day ' 10 Microphone or Direct Box (one N/C) 121. Mirrorball 111115.00 38.50 40.451111= ina Fo• Machine -?=';:.. '40-'..00 44.00 46.20 IIIIIIIIIIIIIIIIIIIIIII Mg Strobe Light .'• --,;40i00 44.00 46.201111111111111111111 11111 Piano, 9' Steinway Concert Grand ::::_7_:7g4'.50 103.95 109.15 22 Piano, Wurlitzer or Story & Clark Upright .`,1:-1-:?54:00 59.40 62.35 En Portable Sound System :"-,:t:4.0100 44.00 46.20 25 Prolector, 16mm or LCD Video 26 Slide ProOctor 28 Mitchell Choral Riser(8", 16", 24", 32") per riser 30 CD Pla er, Ta lie Pla -agiotssette,IDAT, reel to reel) ; :',It,27,7:00 29.70 31.20 32 Backdrop (flag, scrim, etc.) 33 100 cup coffee urns (one N/C) 34 Pyrotecnic effects, per effect ( 35 36 „at so*discretion of Tech Sucervesor) 7- .: 4, SUBTOTAL .?99,30 LABOR RATES (per person per hour) �=1998,--;:' 1989 � 2001) Technicians '::'��''1.8K28 19.15 20.10 /0 1 |3'Cr, Stage Manaqer/ Senior Technician f--:-'.2T3D' 28.65 30.10 _ Ushers �`; '-:•9E10 9.55 10.05 , ^ Box O��ca77ohadngAgents �:L;:'14:QO 14.70 1545 .- _ . Security - Sworn Elgin Police Officer n*�°st " v °w� �^ s;gin p=:ic"o°pt. _ s 761,oto LeborrJes on observed Federal or Guy holidays shell be I & 1/2 times the rates listed on this page. SUBTOTAL -75( .6-e � TOTAL ESTIMATED LABOR AND EQUIPMENT COST557� �<) NOTE: The aoove equipment rates do not include the cost of the operator. Senior Technician or Stage Manager will be required to call cues for Hemmens Technicians used for productions and to supervise amove'in/out. Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. Clean up service does not include take down of event related equipment. \ ° City of Elgin Agenda Item No. July 16, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Puerto Rican Parade Cost Sharing Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a cost sharing agreement with the Elgin Puerto Rican Parade Committee for a parade and festival August 7 and 8 . BACKGROUND Representatives from the Puerto Rican Parade Committee have submitted a City of Elgin Special Event Application to hold a parade and festival . A dignitaries dinner will kick off the event Friday, August 7, at the Hemmens Exhibition Hall . On Saturday, August 8, a parade will be held at Elgin Community College from 11 : 00 a.m. - 1 : 00 p.m. and a festival will follow from 1: 00 - 9 : 00 p.m. in the Civic Center Plaza. The following are the main elements of an agreement proposed by the Elgin Puerto Rican Parade Committee : 1. Elgin Puerto Rican Parade Committee has requested that the City provide the following services at no cost to Elgin Puerto Rican Parade Committee : *Hemmens Exhibition Hall building rental, equipment and labor. Estimated cost to the City: $933 . 50 Total Estimated Cost to the City: $933 .50 2 . Elgin Puerto Rican Parade Committee has proposed that Elgin Puerto Rican Parade Committee will provide the following services at no cost to the City: *Entertainment Estimated cost to Elgin Puerto Rican Parade Committee- $1, 600. *Food Estimated cost to Elgin Puerto Rican Parade Committee- $1, 500 . Puerto Rican Parade July 16, 1998 Page 2 *Insurance Estimated cost to Elgin Puerto Rican Parade Committee- $ 550 . *Miscellaneous Estimated cost to Elgin Puerto Rican Parade Committee- $ 200 . Total cost to Elgin Puerto Rican Parade Committee: $3, 850 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Puerto Rican Parade Committee. J/2 1tNANCIAL IMPACT r Funding for Hemmens personnel is available in the 1998 Hemmens Division Budget part-time personnel account number 010-5402-765 . 01-03 totaling $252 . The building rental revenue of $382 . 20 and equipment rental revenue of $299 . 30, totaling $681 . 50 will be waived. LEGAL IMPACT fACIA/None. ALTERNATIVES 1 . Financial participation by the City estimated at $933 . 50 and financial participation by Elgin Puerto Rican Parade Committee estimated at $3 , 850 . 2 . No financial participation by the City with the Elgin Puerto Rican Parade Committee assuming 1000 of the event cost . RECOMMENDATION It is recommended the Mayor and members of the City Council authorize the preparation of a cost sharing agreement for this event as presented in alternative #1 . Res.ectfully submitted, J•fce a . Parker City Manager mm