04-223 Resolution No. 04-223
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE ELGIN PUERTO RICAN PARADE COMMITTEE
(Elgin Puerto Rican Parade and Festival)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schack, 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 Elgin
Puerto Rican Parade Committee for the Elgin Puerto Rican Parade and Festival to be held August 14,
2004, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 11, 2004
Adopted: August 11, 2004
Omnibus 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 fourth (4th) day of August, 2004, by
and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as
the "City") and the Elgin Puerto Rican Parade Committee, an Illinois corporation (hereinafter
referred to as "EPRPC"),
WITNES SETH
WHEREAS, the EPRPC, operates the Elgin Puerto Rican Parade & Festival, of P.O.
Box 494, Elgin, Kane County, Illinois; and
WHEREAS, the EPRPC has proposed a special event in the form of a festival for
August 14th, to be conducted on Civic Center Plaza (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,EPRPC 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 EPRPC 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 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 EPRPC hereby agree to co-sponsor the Subject Special Event on
August 14th, 2004. The Subject Special Event will be located on Civic Center Plaza
and shall be conducted between the hours of 11:00 a.m. and 11:00 p.m.on August 14th,
2004.
3. EPRPC 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 EPRPC
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. EPRPC,notwithstanding the City's co-sponsorship of the Subject Special Event, agrees
that pursuant to this Agreement and pursuant to the provisions of Elgin Municipal Code
Section 13.25.090, EPRPC shall be strictly liable for the acts of its volunteers,officers
and employees and EPRPC 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 EPRPC, its agents, volunteers or
employees. Nothing herein shall diminish or obviate the EPRPC 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. EPRPC 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 EPRPC 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 EPRPC shall be entitled to retain any
income received from the Subject Special Event.
7. In conjunction with the Subject Special Event permit application the EPRPC shall
submit to the City a security plan to be approved by the 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$3,500. 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 EPRPC 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, August 14th
8. EPRPC 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.
9. EPRPC 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. EPRPC shall be the vendor
under such Class I license which shall actually conduct and be responsible for all liquor
sales. EPRPC 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 14th.
10. EPRPC 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 laws and regulations, and shall end at 11:00 p.m. on Saturday, August 14tH
11. The City shall be responsible for providing all portable toilets and the EPRPC shall be
responsible for all other sanitary facilities,necessary electrical power and litter facilities,
litter control and clean-up.
12. Nothing contained in this Agreement shall be construed to relieve the EPRPC, 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.
13. This Agreement shall not be deemed or construed to create any employment, joint
venture, partnership or other agency relationship between the parties hereto.
14. 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.
15. 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.
16. 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date
and year first written above.
CITY OF ELGIN ELGIN PUERTO RICAN PARADE COMMITTEE
By By // //
Ed Schock, Mayor Its
Attest: Attest:
City Clerk
Agenda Item No.
City of Elgin
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L
July 23, 2004 G .- ~
TO: Mayor and Members of the City Council
RECREATIONAL LEISURE
ANO CULTURAL OPPORTUNITIES
FOR M l rIT1�FN5
FROM: David M. Dorgan, City Manager
Gilbert Feliciano, Community Relations/Outreach Coordinator
SUBJECT: Special Event Agreement with the Elgin Puerto Rican Parade Committee
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 Elgin Puerto Rican
Parade Committee for the annual Parade and Festival scheduled for August 14, 2004.
RECOMMENDATION
rill' 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 $2,600.
BACKGROUND
Representatives from the Elgin Puerto Rican Parade Committee have submitted a City of Elgin
Special Event Application to hold their annual parade and festival at Civic Center Plaza on
August 14, 2004. The Elgin Puerto Rican Parade Committee is a non-profit organization
committed to providing an annual Puerto Rican heritage Parade and Festival. Staff has met with
the Elgin Puerto Rican Parade Committee to review event logistics.
Since 1992, the Elgin Puerto Rican Parade Committee has provided the City of Elgin with the
Puerto Rican Parade and Festival that generates substantial local attention and draws people to
downtown Elgin. To help offset the high cost involved in this event, the Elgin Puerto Rican
Parade Committee is requesting co-sponsorship from the City. Without the co-sponsorship, the
Elgin Puerto Rican Parade Committee 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 one (1) police officer for event security.
Security to be provided during event hours: August 14, 12:30 p.m. - 11:00 p.m. The
r. Special Event Agreement with the Elgin Puerto Rican Parade Committee
July 23, 2004
Page 2
costs for the police service for the City of Elgin will not exceed $700.00.
2. The City will cover the costs to provide port-o-lets, waste containers, and hand washing
units at a cost not to exceed $1,400.00 during the event.
3. The City will contribute to the costs of the traditional kick-off Dignitary's Dinner on the
eve of the festival by providing staff support, the lobby of the Hemmens Cultural Center,
tables, risers, DJ services, and catering for 100 attendees at a cost to the City not to
exceed $500.00. Total cost is $1,850.00.
4. The Elgin Puerto Rican Parade Committee will provide insurance naming the City as a
primary, non-contributing co-insured with excess coverage of not less than $1,000,000
covering general liability, including personal injury and property damage.
Additional pending permits and permission will be required as follows: Insurance - General
Liability Insurance. There is no direct economic impact as a result of this event. However, it
should be noted the Elgin Puerto Rican community has formal close ties with the following
neighboring communities: Aurora, Chicago and Northwest Indiana; members from all those
r. communities will be present at the dinner as well as the festival the next day.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
ptic„FINANCIAL IMPACT
In-kind services for Police security will be provided at a not-to-exceed cost of$700 and will be
charged to the General Fund, Police Department Employee Earnings, project number 030087,
account number 010-2308-731.01-02 where sufficient funds exist to pay for the personnel related
costs.
A total of $1,900 will be allocated to the Dignitary's Dinner and the cost of port-o-lets, waste
containers and hand washing units for the event. The General Fund, Special Events Expense,
project number 030087, account number 010-6902-719.8902 (Budget = $438,580; Available=
$102,125) will be charged. There are sufficient funds available to pay for these items.
LEGAL IMPACT
Mone.
ellb''
rib' Special Event Agreement with the Elgin Puerto Rican Parade Committee
July 23, 2004
Page 3
ALTERNATIVES
1. Enter into a co-sponsorship agreement providing financial participation by the City for
$2,600 or less.
2. No financial participation by the City with the Elgin Puerto Rican Parade Committee
assuming 100%of the event costs.
Respectfully submitted for Council consideration.
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