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01-251 Resolution No. 01-251 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE HISPANIC HERITAGE COALITION (Parade and Festival) 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 parade and festival to be held September 15, 2001, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 12 , 2001 Adopted: September 12 , 2001 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 1P7`&day of s , 2001, 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 "Hispanic Heritage Coalition") WITNESSETH WHEREAS,the Hispanic Heritage Coalition located in Elgin, Kane County, Illinois has proposed a special event in the form of a Parade and Festival for September 15, 2001, to be conducted at Festival Park. (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,the Hispanic Heritage Coalition 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 cultural growth and generational events; and WHEREAS, the City Council has further determined that it is in the best interests of the City to co-sponsor the subject special event with the Hispanic Heritage Coalition in accordance with the terms and conditions of this co-sponsorship 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 (1.) 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 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 the City and the Hispanic Heritage Coalition hereby agree to co-sponsor the proposed Parade and Festival on September 15, 2001. The subject special event will be located at Festival Park and shall be conducted between the hours of 12:00 p.m. to 8:00 p.m. Saturday, September 15, 2001. The City's only cost for the subject special event shall not exceed $2,446.00 to be applied to the rental of "portolets"and hand washing units and waste containers ($1,451) and police cost for the Festival($995) it being agreed and understood that the Hispanic Heritage Coalition shall be responsible and pay all other costs associated with the subject special event including but not limited to litter control and clean-up. 3. The Hispanic Heritage Coalition shall be responsible for applying for and obtaining 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 Hispanic Heritage Coalition shall be solely responsible for conducting the subject special event and for all costs (2.) • associated with the subject special event including but not limited to the fees and cost identified in Elgin Municipal Code Chapter 13.25 entitled"Special Events in Public Places". Additionally, notwithstanding the City's co-sponsorship of the subject special event, the Hispanic Heritage Coalition agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, that the Hispanic Heritage Coalition shall be strictly liable for the acts of its volunteers, officers and employees and that the Hispanic Heritage Coalition 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, judgements, 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 Hispanic Heritage Coalition, its agents, volunteers or employees. Nothing herein affects the Hispanic Heritage Coalition's 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 Hispanic Heritage Coalition 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$500,000 per occurrence and excess coverage of not less than$5,000,000 covering general liability including personal injury and property damage. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Hispanic Heritage Coalition shall also obtain and thereafter keep in force, at no cost to the City, commercial automobile liability insurance covering all owned, non- owned and hired vehicles providing coverage for bodily injury and property damage with a (3.) liability limit for each occurrence of$1,000,000 and with a general aggregate limit of$1,000,000. 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. 4. That in consideration of the Hispanic Heritage Coalition being solely responsible for conducting the subject special event and for all cost associated with the subject special event as provided herein, the parties understand and agree that the Hispanic Heritage Coalition shall be entitled to retain any income received from the subject special event. 5. That the Hispanic Heritage Coalition 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 entertainment and use of amplifiers shall be in compliance with all applicable regulations, and must end at 8:00 p.m. on Saturday, September 15, 2001. 6. That nothing contained in this agreement shall be construed to relieve the Hispanic Heritage Coalition, 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. 7. That this agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. (4.) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN HISP• C H' ' T•,GE COALTION BY: _ _�,< B • �. Ed Schock, Mayor ITS: 11.-- .<r1ti� Attest: Attest: City Clerk (5.)