04-234 Resolution No. 04-234
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE HISPANIC HERITAGE COALITION
(Hispanic Heritage 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 the Hispanic Heritage Parade and Festival to be held September 4, 2004, a
copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 25, 2004
Adopted: August 25, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
1
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this feurtITtegtar of August, 2004, by
and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as
the"City") and the Hispanic Heritage Coalition, an Illinois corporation(hereinafter referred to
as "HHC"),
WITNESSETH
WHEREAS, the HHC operates Fiesta Salsa, of P.O. Box 1432, Elgin, Kane County,
Illinois; and
WHEREAS, the HHC has proposed a special event in the form of a festival for
September 4,2004 to be conducted on Civic Center Plaza,Elgin, 150 Dexter Ct.,Elgin,Illinois
(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,HHC 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 HHC 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 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 HHC hereby agree to co-sponsor the Subject Special Event on
September 4th,2004. The Subject Special Event will be located on Civic Center Plaza
and shall be conducted between the hours of 12:00 p.m. and 9:00 p.m. on September
4th, 2004.
3. HHC 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 Event. Notwithstanding the City's co-sponsorship of the Subject Special Event,
the parties hereto understand and agree that the HHC 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. HHC, 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, HHC shall be strictly liable for the acts of its volunteers,officers and
employees and HHC 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 HHC, its agents, volunteers or employees. Nothing herein shall
diminish or obviate the HHC 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. HHC 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 HHC 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 HHC shall be entitled to retain any income
received from the Subject Special Event.
7. In conjunction with the Subject Special Event permit application the HHC 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 Event;provided,however,that the total cost contributed
by the City shall not exceed$2,900. 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. Any such police costs in excess of$2,900 shall be paid to City by HHC upon
thirty(30) days written demand.
8. HHC at its sole cost shall publicize the location of all major parking areas in relevant
publications regarding the Subject Special Event.
9. HHC 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. HHC shall be the vendor under
such Class I license which shall actually conduct and be responsible for all liquor sales.
HHC 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 shall end at 11:00 p.m. on Saturday, September 4th.
10. HHC 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 9:00 p.m. on Saturday, September 4th
11. The City shall be responsible for providing all portable toilets and the HHC 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 HHC,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 HI PANT' ' :I.ITAGE CO. ITION
By By_Gil s\rt eliciano
Ed Schock, Mayor Its Preside,
Attest: Attest:
KFAIJ 14 Al
City Clerk
<�OF ESC Agenda Item No.
G\,- ) " City of Elgin
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August 6, 2004
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TO: Mayor and Members of the City Council
RFC REPTIC7NAl_LF_ISL RE
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FnR Al 1 !'ITI>FNS
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 scheduled for September 4, 2004.
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 $2,900.
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 Saturday,
September 4, 2004. 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.
Since 1999, 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:
1. The City shall cover the costs to provide police officers for event security. Security will
need to be provided during event hours: September 4, 12:00 p.m. - 9:00 p.m. The costs
for the police service for the City of Elgin will not exceed $1,400.00.
r
Special Event Agreement with the Hispanic Heritage Coalition
r August 6, 2003
Page 2
2. The City will cover the costs to provide port-o-lets, 20-yard dumpster, waste containers,
and hand washing units at a cost not to exceed $1,500.00 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 $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.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
Ott,FINANCIAL IMPACT
In-kind services for Police security will be provided at a not-to-exceed cost of$1,400 and will be
charged to the General Fund, Police Department Employee Earnings, project number 030088,
account number 010-2308-731.01-02 where sufficient funds exist to pay for the personnel related
costs.
t A total of$1,500 will be allocated to the cost of port-o-lets, 20-yard dumpster, waste containers
and hand washing units for the event. The General Fund, Special Events Expense, project
number 030088, account number 010-6902-719.89-02 (Budget = $438,580; Available= $92,125)
will be charged. There are sufficient funds available to pay for these items.
J( IfEGAL IMPACT
None
ALTERNATIVES
1. Enter into a co-sponsorship agreement providing financial participation by the City not to
exceed $2,900.
2. No financial participation by the City with the Hispanic Heritage Coalition assuming
100% of the event costs.
Respectfully submitted for Council consideration.
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