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HomeMy WebLinkAbout07-190 Resolution No. 07-190 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ELGIN PUERTO RICAN HERITAGE ORGANI7ATION (Puerto Rican Week Activities) 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 Elgin Puerto Rican Heritage Organization for activities related to Puerto Rican Week to be held August 5 11, 2007, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schack Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 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 July, 2007, by -h-- and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the Puerto Rican Heritage Organization, an Illinois not-for-profit corporation(hereinafter referred to as "PRHO"); WITNESSETH WHEREAS, the PRHO operates the Puerto Rican Heritage Organization, of P.O. Box 1152, Elgin, Kane County, Illinois; and WHEREAS, the PRHO has proposed events in the form of a pageant, dinner and festival for August 5, 9 and 11, 2007 respectively. WHEREAS, PRHO's pageant practice will take place in the Tap Room at The Centre during the months of June and July, the dignitary's dinner will be held on Thursday, August 9 at the Hemmens Cultural Center's lobby, and BoriquaFest will be held at Festival Park on Saturday, August 11, 2007 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, PRHO meets the criteria established by the Elgin Municipal Code for eligibility for co-sponsorship of special events; and WHEREAS, PRHO has requested that the City co-sponsor the Subject Special Events; and WHEREAS, the City has determined that the Subject Special Events 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 Events with the PRHO 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 Events 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 PRHO hereby agree to co-sponsor the Subject Special Events on August 5, August 9, and August 11, 2007. The Subject Special Events will be located at The Centre, Hemmens Cultural Center and at Festival Park. Hours for pageant will vary throughout the summer; hours for the dignitary's dinner shall be from 6:00 p.m. to 9:00 p.m. and hours for BoriquaFest shall be from 11:00 a.m. to 11:00 p.m. 3. PRHO 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 Events. Notwithstanding the City's co- sponsorship of the Subject Special Events, the parties hereto understand and agree that the PRHO shall be solely responsible for conducting the Subject Special Events and for all costs associated with the Subject Special Events including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 4. PRHO shall be strictly liable for the acts of its volunteers, officers and employees and PRHO 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 Events or any acts or omissions of the PRHO, its agents, volunteers or employees. Nothing herein shall diminish or obviate the PRHO 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. PRHO 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 PRHO being solely responsible for conducting the Subject Special Events and for all costs associated with the Subject Special Events as provided herein, the parties understand and agree that the PRHO shall be entitled to retain any income received from the Subject Special Events. 7. In conjunction with the Subject Special Events permit application the PRHO 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 Events; provided, however, that the total cost contributed by the City shall not exceed $4,015. 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 PRHO providing at its sole cost between 2 to 3 additional private security staff at the Subject Special Events during the hours of 11:00 a.m. to 11:00 p.m. on Saturday, August 11. 8. PRHO 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 Events. 9. PRHO 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. PRHO shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. PRHO 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, August 11. 10. PRHO 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 11. 11. City shall be responsible for providing 10 port-o-lets, a 30 yard dumpster, 4 hand washing units, and cardboard garbage receptacles with trash bag liners, the total cost contributed by the City not to exceed $1,600. The PRHO shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 12. The City shall cover costs to provide parks staff for clean-up before and after the event on Festival Park. The costs for the parks department service for the City of Elgin will not exceed $1,200.00 13. 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 $2,120.00 14. The City shall cover costs to provide practice space for the pageant at The Centre during the months of June and July. The costs for The Centre for the City of Elgin will not exceed $842.50. 15. The City shall cover costs to provide location and set-up equipment for the Dignitary's Dinner at the lobby of the Hemmens Cultural Center on August 9. The costs for the Hemmens Cultural Center for the City of Elgin will not exceed $2,040.75. 16. Nothing contained in this Agreement shall be construed to relieve the PRHO, 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. 17. This Agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. 18. 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. 19. 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. 20. This agreement is the sole agreement between the parties hereto regarding Subject Special Events. There are no other agreements, either implied or verbal, between the parties hereto regarding Subject Special Events. 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 PUERTO RICAN HERITAGE ORGANIZATION By \ • - A ( Ed Schock, Mayor Its \ ;U . I J Attest: Attest: City Clerk