02-316 Resolution No. 02-316
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 a parade and festival to
be held September 21, 2002 , a copy of which is attached hereto
and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: September 11, 2002
Adopted: September 11, 2002
Vote : Yeas : 4 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Special Event Co-Sponsorship Agreement
THIS AGREEMENT made and entered into this 11th day of September, 2002 by and between the •
CITY OF ELGIN, as 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 21st, 2002 to be conducted
at the City Hall Campus (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
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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 of
Elgin.
NOW, THEREFORE, for an 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 21, 2002. The subject special event will be located at
City Hall Campus and shall be conducted between the hours of 11:00am to 8:00pm
Saturday, September 21St, 2002. 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 ($999) 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 parade shall begin at 11:00am at the corner of Prairie and Grove Avenue. It will
continue north on Grove, then north on Douglas. It will end at Douglas and Symphony
Way. It is anticipated to last no longer than one hour.
4. The Hispanic Heritage Coalition shall be responsible for applying for and obtaining a
special events permit as provided for under Elgin Municipal Code Chapter 13.25. The City
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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 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,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 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
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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 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.
5. 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.
6. 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 pm on Saturday, September 21St, 2002.
7. 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.
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8. That this agreement shall not be deemed or construed to create any 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 HI:PANI E • GE COALITION
Ed Schock, Mayor ITS: 1111 "'•
Attest: Attest:
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City Clerk
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Agenda Item No CO -6\z)
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September 6, 2002
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TO: Mayor and Members of the City Council N
RECREATIONAL LEISURE
FROM: Olufemi Folarin, Interim City Manager ANO CFOR AIAI OT'ONCU NITIES
SUBJECT: Special Event Agreement with the
Hispanic Heritage Coalition
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 Hispanic Heritage Parade and
Festival (a.k.a. Fiesta Salsa) scheduled for September 21, 2002 .
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BACKGROUND
Representatives from the Hispanic Heritage Coalition have
submitted a City of Elgin Special Event Application to hold
their annual parade and festival at City Hall Campus on
September 21, 2002 . The Hispanic Heritage Coalition is a non-
profit organization committed to providing an annual Hispanic
Heritage Parade and Festival . Staff has met with the Hispanic
Heritage Coalition to review event logistics and budget.
For several years, the Hispanic Heritage Coalition has provided
the City of Elgin with the Hispanic Heritage Parade and Festival
that generates regional attention and draws people to Elgin. To
help offset the high cost involved in an event of this
magnitude, the Hispanic Heritage Coalition is requesting co-
sponsorship from the City. Without the co-sponsorship, the
Hispanic Heritage Coalition feels it will be very difficult to
cover the expenses of the event .
r
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r Agreement with the Hispanic Heritage Coalition
September 6, 2002
Page 2
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 follows :
1 . The City shall cover the costs to provide police officers
for event security. Security will need to be provided
during event hours : September 21, 12 : 00 p.m. - 8 : 00 p.m.
The costs for the police service for the City of Elgin will
not exceed $995 .
2 . The City will cover the costs to provide portolets, waste
containers and hand washing units at a cost not to exceed
$2, 000 during the event .
3 . The Hispanic Heritage Coalition will provide insurance
naming the City as a primary, non-contributing co-insured
with excess coverage of not less than $5, 000, 000 covering
general liability, including personal injury and property
damage.
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Additional pending permits and permission will be required as
follows :
Insurance : General Liability Insurance .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Downtown Neighborhood Association and Grand Victoria
Casino.
9I FINANCIAL IMPACT
! The cost of providing Police security, portolets, waste
t./ containers and hand washing units for the event are estimated at
$2, 995 . Sufficient funding is available for the expenditures in
the 2002 Police budget, account number 010-2304-731 . 01-02
overtime earnings ($995) , and the Parks and Recreation budget,
Special Events, account number 296-5011-762 .47-00 ($2, 000
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Agreement with the Hispanic Heritage Coalition
September 6, 2002
Pag 3
GAL IMPACT
None.
ALTERNATIVES
1 . Enter into a co-sponsorship agreement providing financial
participation by the City not to exceed $2 , 995 .
2 . Provide no financial participation by the City with the
Hispanic Heritage Coalition assuming 100% of the event
costs.
RECOMMENDATION
It is recommended the Mayor and members of the City Council
approve Option 1 to enter into a co-sponsorship agreement
P providing financial participation by the City not to exceed
$2, 995 .
Respectfully submitted,
Olu emi Fo -rin
Inter''m Cit Mana! -r
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