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HomeMy WebLinkAbout06-210 Resolution No.06-210 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE HISPANIC HERITAGE COALITION 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 the festival and parade to be held September 16, 2006, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 13, 2006 Adopted: September 13, 2006 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 day of August, 2006, 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"); WITNESSETH WHEREAS, the HHC operates the Fiesta Salsa and Hispanic Heritage Month Parade,of P.O. Box 1432, Elgin, Kane County, Illinois; and WHEREAS, the HHC has proposed a special event in the form of a festival and parade for September 16, 2006, to be conducted at the Old Gail Borden Library site on 200 N. Grove in 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, HHC meets the criteria established by the Elgin Municipal Code for eligibility for co-sponsorship of a special event; 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 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 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; 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 HHC hereby agree to co-sponsor the Subject Special Event on September 16, 2006. The Subject Special Event will be located at the Old Gail Borden Library and shall be conducted between the hours of 11:00 a.m. and 11:00 p.m. on September 16, 2006. The Parade will follow a specific route within the City of Elgin and with certain restrictions determined by the City in the sole discretion of the City but developed in consultation with HHC. 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 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. HHC 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 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. 7. In conjunction with the Subject Special Event permit application the HHC 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 $4,972.00. 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 HHC providing at its sole cost between 2 to 3 additional private security staff at the Subject Special Event during the hours of 11:00 a.m. to 11:00 p.m. on Saturday, September 16th. 8. Along with providing police services for the Subject Special Event, the City shall provide Fire Department Services. The total cost contributed by the City should not exceed$126.00. 9. HIIC 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. 10. HHC 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. HHC shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. HHC 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 11:00 p.m. on Saturday, September 16th. 11. 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 11:00 p.m. on Saturday, September 16th. 12. City shall be responsible for providing 11 port-o-lets, a 30 yard dumpster, 2 hand washing units, and 2 dozen cardboard garbage receptacles with trash bag liners, 23 barricades, a portable sound system, 2 microphones, and street cleaning equipment. The total cost contributed by the City not to exceed $2,101.60. The HHC shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities,litter control and clean-up. 13. The City shall cover costs to provide parks staff for clean-up before and after the event at the Old Gail Borden Library site. The costs for the parks department service for the City of Elgin will not exceed$501.60. 14. The City shall cover costs to provide public works staff for barricade set-up and street sweeping for the parade. The costs for the public works department service for the City of Elgin will not exceed$313.20. 15. 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. 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. 20. The City shall be recognized as a sponsor of Event and shall receive benefits of sponsorship consistent with the level of support provided. At minimum,the City's support shall be acknowledged in print materials promoting the organization or event, radio advertising, Web page information and event program(s). Three samples of this acknowledgement shall be provided to the City for its prior approval.A logo provided by the city shall be used for this purpose. 21. No official, director, officer, agent or employee of the City shall be held contractually liable under any term or provision of this Agreement or because of their execution,approval or attempted execution of this Agreement. 22. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension,in whole or in part,of the Agreement by the City. 23. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the prior written consent of the City. 24. As a condition of this Agreement,the HHC shall have a written sexual harassment policies that include at a minimum, the following information: (a)the illegality of sexual harassment; (b) the definition of sexual harassment under state law; (c) a description of sexual harassment, utilizing examples; (d) the internal complaint process, including penalties; (e) the legal recourse investigative and complaint process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission; (f) directions on how to contact the department and commission; (g)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies must be provided to the Department of Human rights upon request 775 ILCS 5/2-105. 25. If either party violates or breaches any term of this Agreement such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach including the right of the non-breaching party to terminate this Agreement. 26. The attached City of Elgin Co-Sponsorship Cost Work Sheet is attached hereto and made a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN HISP: Pija ITION By ►. Ed Schock,Mayor Its L.rn.kt..y- CITY OF ELGIN SPECIAL EVENT CO -SPONSORSHIP GUIDE CO-SPONSORSHIP COST WORK SHEET Hispanic Heritage Coalition Please note:Equipment is based on availability and rates are subject to change. ITEM OF SUPPORT REQUESTED COST TO CITY MANHOURS/UNITS APPROVED REQUEST TOTAL COST PER UNIT REQUESTED (Filled In by City) 20 Yard Dumpster $275 30 Yard Dumpster $375 1 1 $375.00 Port-o-lets $75 8 8 $600.00 Handicapped Port-o-lets $100 1 3 $300.00 Handwashing Units $100 2 2 $200.00 Cardboard Garbage Receptacles n/c 2 dzn. 2 dzn. 0 Trash bag liners . $30/case of 100 1 case 1 case $ 30.00 Parks Labor $4160-$62.70/hr 4hr. x 2staff 4hr. x 2staff $501.60 Water Hook-up $ Public Works Labor (i.e.,traffic control,etc.) Labor $45.70-54.00/hr 4 4 $216.00 J Equipment $17.90 23 23 $411.70 al Street Sweeping Services Labor $48.60/hr 2 hrs. 2 hrs. $ 97.20 Equipment $45.60/hr 2 hrs. 2 hrs, $ 91.20 Fire Dept.Services $63 per hour I 2 hrs. 2 hrs. $126.00 parade $2,200.00 Police Services $63 per hour festival $2,772.00 Hemmens Services Labor/Tech $24.45 /hour Senior Tech $36.60/ hour Hemmers Rental/Fri-Sun Entire Bldg $343 / hour Stage $160/hour Exhibition Hall $287/hour Hemmens Equipment Trucks: $33.50/day Portable Sound System: $53.50 1 1 $ 53.50 Battery Podium: $53.50 Padded Chairs (for use inside only) $1.35 Metal Folding Chairs (for use inside only) $0.80 Folding Tables (for use inside only) $4.40 Microphones $20.10 2 2 $40.20 Lectern/Podium $13.40 1 �- ihk. TOTAL - _-_ $8014.40 OF Etc, -00" Agenda Item No. , , § City of Elgin August 18, 2006 TO: Mayor and Members of the City Council Yn,:t oral c s n,:,nil FROM: Olufemi Folarin, City Manager :tiltrr,!,c,e,.,;rn,r,;��,<f r Ir:,.;: ,• Randy Reopelle, Parks and Rec eation Director SUBJECT: Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade 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 for the annual Parade and Festival scheduled for September 16, 2006. RECOMMENDATION oak It is recommended that the City Council approve the agreement with the Hispanic Heritage Coalition to co-sponsor the Fiesta Salsa and Hispanic Heritage Month Parade on Saturday, September 16, 2006, for a not to exceed amount of$8,014.40 in financial and in-kind support. BACKGROUND Representatives from the Hispanic Heritage Coalition have submitted a City of Elgin Special Event Application to hold their annual parade and festival at the old Gail Borden Library on September 16, 2006. The Hispanic Heritage Coalition is a non-profit organization committed to providing an annual Fiesta Salsa and Hispanic Heritage Month Parade. Staff has met with the Hispanic Heritage Coalition to review event logistics. Hispanic Heritage Coalition has provided the City of Elgin with the Fiesta Salsa and Hispanic Heritage Month Parade that generates substantial local attention and draws people to downtown Elgin. To help offset the high cost involved in this event, the Hispanic Heritage Coalition is requesting co-sponsorship from the City. Without the co-sponsorship, the Hispanic Heritage Coalition feels it will be a significant financial hardship to cover the expenses of the event. As a part of the City's support for the event, a special events co-sponsorship agreement is proposed. The main items of the agreement are as follows: 1. The City shall cover the costs to provide police officers for parade street closures and for event security. Police officers to be provided during event hours: September 16, 11:00 a.m. - 11:00 p.m. The costs for the police service for the City of Elgin will not exceed $4,972.00. Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 2 2. The City shall cover the costs to provide the fire department services which will not exceed $126.00. 3. The City shall cover the costs to provide 11 port-o-lets, waste containers, 2 hand washing units, barricades rental for parade, and equipment use at a cost not to exceed $2,101.60 The HHC will be responsible for clean-up. 4. The City shall cover the costs to provide parks staff for clean-up before and after the event on Civic Center Plaza. The costs for the parks department service for the City of Elgin will not exceed $501.60. 5. The City shall cover costs to provide public works staff for barricade set-up and street sweeping for the parade. The costs for the public works department service for the City of Elgin will not exceed $313.20. 6. The Hispanic Heritage Coalition 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. Additional pending permits and permission will be required as follows: Insurance - General Liability Insurance. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 9s-g t FINANCIAL IMPACT The total cost of the Co-sponsorship Agreement with the HHC is a not to exceed amount of $8,014.40. Police services will equal no more than $4,972.00 and be charged to the General Fund, Police Department Overtime Employee Earnings, account number 010-2308-731.01-02, $126.00 to Fire Department Overtime Employee Earnings, account number 010-2801-735.01-02, $313.20 to Public Works Department Overtime Salary, account number 010-3321-753.01-02, and $501.60 to Land Management from Overtime Salary, account number 010-3371-764.01-02 project number 99704. Sufficient funds exist to pay for the personnel related overtime costs. A total of $2,101.60 will be allocated to the cost of port-o-lets, waste containers, barricades, equipment and hand washing units. The General Fund, Misc. Services City Co-sponsored Special Events, account number 010-0801-790.45-99 (budgeted and available $20,000) project number 99704 will be charged for these miscellaneous supplies. ink Ow Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 3 GAL IMPACT None. ALTERNATIVES 1. Approve the agreement with the Hispanic Heritage Coalition to co-sponsor the Elgin Fiesta Salsa and Hispanic Heritage Month Parade on Saturday, September 16, 2006 for a not-to-exceed amount of$8014.40 in financial and in-kind support. 2. Do not approve the agreement with the Hispanic Heritage Coalition to co-sponsor the Elgin Fiesta Salsa and Hispanic Heritage Month Parade on Saturday, September 16, 2006 for a not-to exceed amount of$8014.40 in financial and in-kind support. Respectfully submitted for Council consideration. jg/bk Attachments ill Pk Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 4 SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this day of August, 2006, 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"); WINES SETH WHEREAS, the HHC operates the Fiesta Salsa and Hispanic Heritage Month Parade, of P.O. Box 1432, Elgin, Kane County, Illinois; and WHEREAS, the HHC has proposed a special event in the form of a festival and parade for September 16, 2006, to be conducted at the Old Gail Borden Library site on 200 N. Grove in 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, HHC meets the criteria established by the Elgin Municipal Code for eligibility for co-sponsorship of a special event; 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 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 HHC in accordance with the terms and conditions of this Co-sponsorship Agreement; and dook Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 5 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: '`ook 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 on September 16, 2006. The Subject Special Event will be located at the Old Gail Borden Library and shall be conducted between the hours of 11:00 a.m. and 11:00 p.m. on September 16, 2006. The Parade will follow a specific route within the City of Elgin and with certain restrictions determined by the City in the sole discretion of the City but developed in consultation with HHC. 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 Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 6 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 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 400. 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. HHC 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 HHC being solely responsible for conducting the Subject Special Event and for all costs associated with the subject special event as provided herein, the Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 7 parties understand and agree that the HHC shall be entitled to retain any income received from the Subject Special Event. 7. In conjunction with the Subject Special Event permit application the HHC 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 Aim Special Event; provided, however, that the total cost contributed by the City shall not exceed $4,972.00. 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 HHC providing at its sole cost between 2 to 3 additional private security staff at the Subject Special Event during the hours of 11:00 a.m. to 11:00 p.m. on Saturday, September 16th. 8. Along with providing police services for the Subject Special Event, the City shall provide Fire Department Services. The total cost contributed by the City should not exceed $126.00. 9. 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. 10. HHC 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. HHC shall be the vendor under oft Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 8 such Class I license which shall actually conduct and be responsible for all liquor sales. HHC 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 11:00 p.m. on Saturday, September 16th 11. 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 11:00 p.m. on Saturday, September 16th 12. City shall be responsible for providing 11 port-o-lets, a 30 yard dumpster, 2 hand washing units, and 2 dozen cardboard garbage receptacles with trash bag liners, 23 barricades, a portable sound system, 2 microphones, and street cleaning equipment. The total cost contributed by the City not to exceed $2,101.60. The HHC shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 13. The City shall cover costs to provide parks staff for clean-up before and after the event at the Old Gail Borden Library site. The costs for the parks department service for the City of Elgin will not exceed $501.60. 14. The City shall cover costs to provide public works staff for barricade set-up and street sweeping for the parade. The costs for the public works department service for the City of Elgin will not exceed$313.20. 15. 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 Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 9 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 ob. 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. 20. The City shall be recognized as a sponsor of Event and shall receive benefits of sponsorship consistent with the level of support provided. At minimum, the City's support shall be acknowledged in print materials promoting the organization or event, radio advertising, Web page information and event program(s). Three samples of this acknowledgement shall be provided to the City for its prior approval. A logo provided by the city shall be used for this purpose. 21. No official, director, officer, agent or employee of the City shall be held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. doilk Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 10 22. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the City. 23. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the prior written consent of the City. oak 24. As a condition of this Agreement, the HHC shall have a written sexual harassment policies that include at a minimum, the following information: (a) the illegality of sexual harassment; (b) the definition of sexual harassment under state law; (c) a description of sexual harassment, utilizing examples; (d) the internal complaint process, including penalties; (e) the legal recourse investigative and complaint process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission; (f) directions on how to contact the department and commission; (g)protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies must be provided to the Department of Human rights upon request 775 ILCS 5/2- 105. 25. If either party violates or breaches any term of this Agreement such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach Aiow including the right of the non-breaching party to terminate this Agreement. Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 11 26. The attached City of Elgin Co-Sponsorship Cost Work Sheet is attached hereto and made a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN HISPANIC HERITAGE COALITION By By Ed Schock, Mayor Its Attest: Attest: Adow City Clerk Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade August 18, 2006 Page 12 Attachment PrF F:\Recreation\2006 COW Mean Drafts\II CITY OF ELGIN SPECIAL EVENT CO -SPONSORSHIP GUIDE CO-SPONSORSHIP COST WORK SHEET Hispanic Heritage Coalition Please note:Equipment is based on availability and rates are subject to change. ITEM OF SUPPORT REQUESTED COST TO CITY MANHOURS/UNITS APPROVED REQUEST TOTAL COST PER UNIT REQUESTED gifted in by City) 20 Yard Dumpster $275 30 Yard Dumpster $375 1 1 $375.00. Port-o-lets $75 8 8 $600.00 Handicapped Porto-lets $100 3 $300.00 Handwashing Units $100 2 2 $200.00 Cardboard Garbage Receptacles n/c 2 dzn. 2 dzn. 0 Trash bag liners . $30/case of 100 1 case 1 case $ 30.00 Parks Labor .$41.60-$62.70/hr 4hr. x 2staff 4hr. x 2staff $501.60 Water Hook-up $ Public Works Labor (i.e.;traffic control,etc.) . Labor $45.70-54.00/hr 4 4 $216.00 d Equipment $17.90 23 23 $411.70 4,10 Street Sweeping Services Labor $48.60/hr 2 hrs. 2 hrs. $ 97.20 4,0'► Equipment $45.60/hr 2 hrs. 3 hrs_ $ 91.20 Fire Dept.Services • $63 per hour 2 hrs. 2 hrs. $126.00 parade $2,200.00 • Police Services $63 per hour festival $2,772.00 Hemmens Services Labor/Tech $24.45 /hour Senior Tech $36.60/ hour Hemmens Rental/Fri-Sun Entire Bldg $343 /hour Stage $160/hour Exhibition Hall $287/hour • Hemmens Equipment Trucks: $33.50/day Portable Sound System: $53.50 1 1 $ 53.50 Battery Podium: $53.50 • Padded Chairs (for use inside only) $1.35 Metal Folding Chairs (for use inside only) $0.80 Folding Tables (for use inside only) ' $4.40 Microphones. $20.10 2 2 $40.20 Lectern/Podium $13.40 LTOTAL $8014-40