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HomeMy WebLinkAbout05-149 , Resolution No. 05-149 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE HISPANIC HERITAGE COALITION FOR A CARNIVAL AT MEIJER 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 Hispanic Heritage Coalition for a carnival in the Meijer parking lot on May 5-8, 2005, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 27, 2005 Adopted: April 27, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this .Q 7 day of April, 2005, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the Hispanic Heritage Coalition, an Illinois not-for-profit corporation (hereinafter referred to as "HHC"); WITNES SETH WHEREAS, the HHC operates the Cinco de Mayo Carnival, of 227 Orchard Street, Elgin, Kane County, Illinois; and WHEREAS, the HHC has proposed a special event in the form of a carnival from May 5-7, 2005, to be conducted at the Meijer store on Randall Road, north parking lot (hereinafter referred to as the "Subject Special Event"); and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for co-sponsorship of special events as set forth in the City of Elgin Special Event Co-sponsorship Guidelines; and WHEREAS, HHC 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 HHC 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. 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 HHC hereby agree to co-sponsor the Subject Special Event from May 5-8, 2005. The Subject Special Event will be located at the Meijer store located on Randall Road and shall be conducted between the hours 4:00-9:00 p.m. on Thursday, Mays; 4:00-11:00 p.m. on Friday, May 6; Noon-11:00 p.m. on Saturday, May 7; and from Noon-8:00 p.m. on Sunday, May 8, 2005. 3. HHC 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, the parties hereto understand and agree that the HHC 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. HHC shall be solely and strictly liable for the acts of its volunteers, officers and employees and HHC 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 HHC, its agents, volunteers or employees. Nothing herein shall diminish or obviate the HHC 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. In consideration of the HHC 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 the HHC shall be entitled to retain any income received from the Subject Special Event. 6. In conjunction with the Subject Special Event permit application the HHC 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 five (5) business days before the Subject Special Event. City shall provide for the payment of fifty percent (50%) 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 $3,300. Any additional costs shall be paid one hundred percent (100%) by HHC. 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. 7. HHC 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. 8. HHC 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 8:00 p.m. on Thursday, May 5, 11:00 p.m. on Friday, May 6, 11:00 p.m. on Saturday, May 7 and 8:00 p.m. on Sunday, May 8, 2005. 9. City shall be responsible for providing 8 port-o-lets, a 20 yard dumpster, 4 hand washing units, street sweeping services, and 20 cardboard garbage receptacles with trash bag liners. The HHC shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 10. Nothing contained in this Agreement shall be construed to relieve the HHC, 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. 11. This Agreement shall not be deemed or construed to create any employment, joint venture,partnership or other agency relationship between the parties hereto. 12. 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. 13. 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. 14. 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. 15. HHC shall 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 co- insured 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN /Hispanic .e ta:,e Coalition By Bye= Vrc.c`1 U '-G Ed Schock, Mayor Its v� Attest: Attest: i/C}/C-44_4,4c./._ 711,-(2- City Clerk `q`l OF..f<C. Agenda Item No. 0 City of Elgin �'���. , *9TEDFE6. * 001 April 8, 2005 N ALIVE DOWNTOWN TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks &Recre tion Director SUBJECT: Co-Sponsorship Agreement with the Hispanic Heritage Coalition to Host a Carnival at Meijer PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a co-sponsorship agreement with the Hispanic Heritage Coalition (HHC) to host a three and a half day carnival in the Meijer parking lot scheduled for May 5-8, 2005. RECOMMENDATION It is recommended that the City Council approve the agreement with the HHC to co-sponsor a three and a half day carnival in the Meijer parking lot scheduled for May 5-8, 2005 for a not to exceed amount of$4,873 in financial and in-kind support. BACKGROUND Representatives from the Hispanic Heritage Coalition (HHC) have submitted a proposal to the City to host a three and a half day carnival in Meijer parking lot scheduled for May 5-8,2005. The HHC has secured the services of Fantasy Amusement Company to provide a carnival for Thursday, May 5th (4:00 p.m. to 9:00 p.m.), Friday, May 6th (4:00 p.m. to 11:00 p.m.), Saturday, May 7th(Noon to 11:00 p.m.)and ending on Sunday,May 8th(Noon to 8:00 p.m.). The carnival will consist of approximately 20 rides, games, and food concessions. 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 provide police officers for event security during the event hours: May 5, (4:00 p.m. to 8:00 p.m.), May 6 (4:00-11:00 p.m.), May 7 (Noon to 11:00 p.m.), and May 8 (Noon to 8:00 p.m.). The cost to the City for these services is estimated at $6,600. The City shall pay 50 % of the total cost for the police services, not exceed $3,300. Any additional costs shall be paid one hundred percent (100%)by HHC. ; Co-Sponsorship Agreement with the HHC to Host a Carnival April 8, 2005 Page 2 2. The City will provide 4 hand washing units($400), 6 standard port-o-lets($450) and 2 handicap port-o-let($200) for the event at a cost not to exceed$1,050 during the event. 3. The City will provide one twenty yard dumpster($275). 4. City wiII provide the garbage cans and liners($60) for the carnival. Fantasy Amusement Company and the HHC will be responsible for maintenance and proper disposal of the refuse generated from the event. City will provide street sweeping of the event area on Monday, May 9 ($188). COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Hispanic Heritage Coalition 90INANCIAL IMPACT The total cost of the Co-sponsorship Agreement with the HHC is not to exceed the amount of $4,873. The City's 50% share of police services will equal no more than $3,300 and be charged to the General Fund, Police Department Overtime Employee Earnings, account number 010- r. 2308-731.01-02, project number 030121, where sufficient funds exist to pay for the personnel related overtime costs. A total of $1,573 will be allocated to the costs 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 and available $20,000),project number 030120 will be charged for these miscellaneous supplies. w v / LEGAL IMPACT None ALTERNATIVES 1. Approve the agreement with the HHC to co-sponsor a three and a half day carnival in the Meijer parking lot scheduled for May 5-8, 2005 for a not-to-exceed amount of$4,873 in financial and in-kind support. 2. Do not approve the agreement with the HHC to co-sponsor a three and a half day carnival in the Meijer parking lot scheduled for May 5-8, 2005 for a not-to-exceed amount of $4,873 in financial and in-kind support. Respectfully submitted for Council consideration. JG rak Attachment