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03-240 Resolution No. 03-240 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 6, 2003 , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 27, 2003 Adopted: August 27, 2003 Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT is made and entered into this ,S 9 day of August, 2003 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 "Coalition" ) . WITNESSETH WHEREAS, the Coalition, located in Elgin, Kane County, Illinois, has proposed a special event in the form of a Parade and Festival for September 6, 2003 to be conducted at the Elgin Civic Center Plaza (hereinafter referred to as the "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 Coalition has requested that the City co- sponsor the Event ; and WHEREAS, the City has determined that the Event will attract additional interest in cultural growth and generational events; and WHEREAS, the City has further determined that it is in its best interests to co-sponsor the subject special event with the Coalition 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 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 hereby agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 . That the City and the Coalition hereby agree to co- sponsor the proposed Event . Event shall be conducted between the hours of 12 : 00 p.m. to 9 : 00 p.m. Saturday, September 6, 2003 . The City' s total costs for the Event shall not exceed $2 , 700 . 00, which shall be applied solely to the rental of "portolets" and hand washing units and waste containers ($1, 600) and police cost for the Festival ($1, 100) ; it being agreed and understood that the Coalition shall be liable for and shall pay 2 all other costs associated with Event, including but not limited to litter control and clean-up. 3 . The parade shall begin at 12 : 00 p.m. 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 . Coalition shall be responsible for applying for and obtaining a special event permit pursuant to Elgin Municipal Code Chapter 13 . 25 . City' s Manager shall provide all necessary signatures on the special event application to evidence the City' s co-sponsorship of the Event . Notwithstanding the City' s co-sponsorship of Event, the parties hereto understand and agree that the Coalition shall be solely responsible for conducting the Event and for all costs associated with the Event, including but not limited to the fees and cost identified in Elgin Municipal Code Chapter 13 . 25 entitled "Special Events in Public Places" , except as otherwise specifically provided herein. Additionally, notwithstanding the City' s co-sponsorship of the Event, the Coalition agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 . 25 . 090, that the Coalition shall be strictly liable for the acts of its volunteers, officers and employees and that the Coalition, to the fullest extent permitted by law, shall indemnify, defend, and hold harmless the City, its officers, 3 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 Event or any acts or omissions of the Coalition, its agents, volunteers or employees . Nothing herein affects the 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 Coalition shall also provide, without cost to the City, any and all 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 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 4 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 Coalition being solely responsible for conducting the Event and for all costs associated with the Event as provided herein, the parties understand and agree that the Coalition shall be entitled to retain any income received from the Event . 6 . That the 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 Event . Any entertainment and use of amplifiers shall be in compliance with all applicable regulations, and must end at 9 : 00 pm on Saturday, September 6, 2003 . 7 . That nothing contained in this agreement shall be construed to relieve the Coalition, its officers, agents, or employees, as well as any other participants in the 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. 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 . 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above . CITY OF ELGIN HI "•: IC HER E COALITION By ■t / =Y milMOi i Ed ock, Mayor IMP ' "C-roc. Attest : Attest : 9t4/4-1-4-- City Clerk F:\Legal Dept\Agreement\Hispanic Heritage Coalition-Fiesta Salsa-2003-MRG.doc 6 `, : c�ti Agenda Item No. 'H\j City of Elgin rft. r �(''-ITEDw L ' August 22, 2003 N TO: Mayor and Members of the City Counc ' RECREATIONAL LEISURE _AND CULTURAL OPPORTUNITIES FORA)l CIT17FNG FROM: David M. Dorgan, City Manager Gilbert Feliciano, Community Relations/Outreach Coordinator 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 rm. scheduled for September 6, 2003 . BACKGROUND Representatives from the Hispanic Heritage Coalition have submitted a City of Elgin Special Event Application to hold their annual parade and festival at Civic Center Plaza on September 6, 2003 . 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 . 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 . 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 : emk Special Event Agreement with the Hispanic Heritage Coalition August 22, 2003 Page 2 1 . The City shall cover the costs to provide police officers for event security. Security will need to be provided during event hours : September 6, 12 :00 p.m. - 9 :00 p.m. The costs for the police service for the City of Elgin will not exceed $1, 100 . 00 . 2 . The City will cover the costs to provide port-o-lets, waste containers, and hand washing units at a cost not to exceed $1, 600 . 00 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. Additional pending permits and permission will be required as follows: Insurance - General Liability Insurance. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Police Department, Mexican Civic Society, and the Downtown Neighborhood Association. FINANCIAL IMPACT In-kind services for Police security are estimated at $1, 100 and will be charged to the General Fund, Police Department Employee Earnings, account number 010-2308-731 . 01-01 where sufficient funds exist to pay for the personnel related costs . A total of $1, 600 will be allocated to the cost of port-o-lets, waste containers and hand washing units for the event . The Elgin Riverboat Fund, Special Events Expense, account number 275-0000- 791 .47-00, Project #030061 (Hispanic Heritage Coalition) will be charged. There are sufficient funds available to pay for these items. LEGAL IMPACT None. ALTERNATIVES 1 . Enter into a co-sponsorship agreement providing financial participation by the City not to exceed $2, 700 . Special Event Agreement with the Hispanic Heritage Coalition August 22, 2003 Page 3 2 . 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 a co-sponsorship agreement providing financial participation by the City not to exceed $2, 700 . Respectfully submitted for Council consideration. gf Attachment