05-149 ,
Resolution No. 05-149
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE HISPANIC HERITAGE COALITION
FOR A CARNIVAL AT MEIJER
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 carnival in the Meijer parking lot on May 5-8, 2005, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 27, 2005
Adopted: April 27, 2005
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 .Q 7 day of April, 2005, 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 "HHC");
WITNES SETH
WHEREAS, the HHC operates the Cinco de Mayo Carnival, of 227 Orchard Street, Elgin,
Kane County, Illinois; and
WHEREAS, the HHC has proposed a special event in the form of a carnival from May 5-7,
2005, to be conducted at the Meijer store on Randall Road, north parking lot (hereinafter referred
to as the "Subject Special Event"); and
WHEREAS, Elgin Municipal Code Chapter 13.25 provides for co-sponsorship of special
events as set forth in the City of Elgin Special Event Co-sponsorship Guidelines; 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 city;
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.
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 HHC hereby agree to co-sponsor the Subject Special Event from
May 5-8, 2005. The Subject Special Event will be located at the Meijer store located on
Randall Road and shall be conducted between the hours 4:00-9:00 p.m. on Thursday,
Mays; 4:00-11:00 p.m. on Friday, May 6; Noon-11:00 p.m. on Saturday, May 7; and
from Noon-8:00 p.m. on Sunday, May 8, 2005.
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 shall be solely and 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. 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.
6. In conjunction with the Subject Special Event permit application the HHC 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 Subject Special Event. City shall provide for the
payment of fifty percent (50%) 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 $3,300.
Any additional costs shall be paid one hundred percent (100%) by HHC. 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.
7. HHC 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.
8. HHC at its sole cost shall apply for and obtain all necessary permits. Any entertainment
and use of amplifiers shall be in compliance with all applicable laws and regulations, and
shall end at 8:00 p.m. on Thursday, May 5, 11:00 p.m. on Friday, May 6, 11:00 p.m. on
Saturday, May 7 and 8:00 p.m. on Sunday, May 8, 2005.
9. City shall be responsible for providing 8 port-o-lets, a 20 yard dumpster, 4 hand washing
units, street sweeping services, and 20 cardboard garbage receptacles with trash bag
liners. The HHC shall be responsible for all other sanitary facilities, necessary electrical
power and litter facilities, litter control and clean-up.
10. 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.
11. This Agreement shall not be deemed or construed to create any employment, joint
venture,partnership or other agency relationship between the parties hereto.
12. 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.
13. 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.
14. 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.
15. HHC shall 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 co-
insured 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first written above.
CITY OF ELGIN /Hispanic .e ta:,e Coalition
By Bye= Vrc.c`1 U '-G
Ed Schock, Mayor Its v�
Attest: Attest:
i/C}/C-44_4,4c./._ 711,-(2-
City Clerk
`q`l OF..f<C.
Agenda Item No.
0 City of Elgin
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*9TEDFE6. * 001
April 8, 2005
N
ALIVE DOWNTOWN
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Randy Reopelle, Parks &Recre tion Director
SUBJECT: Co-Sponsorship Agreement with the Hispanic Heritage Coalition to Host a
Carnival at Meijer
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 (HHC) to host a three and a half day carnival in the Meijer parking lot scheduled for
May 5-8, 2005.
RECOMMENDATION
It is recommended that the City Council approve the agreement with the HHC to co-sponsor a
three and a half day carnival in the Meijer parking lot scheduled for May 5-8, 2005 for a not to
exceed amount of$4,873 in financial and in-kind support.
BACKGROUND
Representatives from the Hispanic Heritage Coalition (HHC) have submitted a proposal to the
City to host a three and a half day carnival in Meijer parking lot scheduled for May 5-8,2005.
The HHC has secured the services of Fantasy Amusement Company to provide a carnival for
Thursday, May 5th (4:00 p.m. to 9:00 p.m.), Friday, May 6th (4:00 p.m. to 11:00 p.m.), Saturday,
May 7th(Noon to 11:00 p.m.)and ending on Sunday,May 8th(Noon to 8:00 p.m.). The carnival
will consist of approximately 20 rides, games, and food concessions.
As part of the City's support for the event, a Special Event Co-Sponsorship Agreement is
proposed. The main items of the agreement are as follows:
1. The City shall provide police officers for event security during the event hours: May 5,
(4:00 p.m. to 8:00 p.m.), May 6 (4:00-11:00 p.m.), May 7 (Noon to 11:00 p.m.), and May
8 (Noon to 8:00 p.m.). The cost to the City for these services is estimated at $6,600. The
City shall pay 50 % of the total cost for the police services, not exceed $3,300. Any
additional costs shall be paid one hundred percent (100%)by HHC.
;
Co-Sponsorship Agreement with the HHC to Host a Carnival
April 8, 2005
Page 2
2. The City will provide 4 hand washing units($400), 6 standard port-o-lets($450) and 2
handicap port-o-let($200) for the event at a cost not to exceed$1,050 during the event.
3. The City will provide one twenty yard dumpster($275).
4. City wiII provide the garbage cans and liners($60) for the carnival. Fantasy Amusement
Company and the HHC will be responsible for maintenance and proper disposal of the
refuse generated from the event. City will provide street sweeping of the event area on
Monday, May 9 ($188).
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Hispanic Heritage Coalition
90INANCIAL IMPACT
The total cost of the Co-sponsorship Agreement with the HHC is not to exceed the amount of
$4,873. The City's 50% share of police services will equal no more than $3,300 and be charged
to the General Fund, Police Department Overtime Employee Earnings, account number 010-
r. 2308-731.01-02, project number 030121, where sufficient funds exist to pay for the personnel
related overtime costs. A total of $1,573 will be allocated to the costs of port-o-lets, waste
containers and hand washing units for the event. The General Fund, Misc. Services City Co-
sponsored Special Events, account number 010-0801-709.45-99 (budgeted and available
$20,000),project number 030120 will be charged for these miscellaneous supplies.
w v / LEGAL IMPACT
None
ALTERNATIVES
1. Approve the agreement with the HHC to co-sponsor a three and a half day carnival in the
Meijer parking lot scheduled for May 5-8, 2005 for a not-to-exceed amount of$4,873 in
financial and in-kind support.
2. Do not approve the agreement with the HHC to co-sponsor a three and a half day carnival
in the Meijer parking lot scheduled for May 5-8, 2005 for a not-to-exceed amount of
$4,873 in financial and in-kind support.
Respectfully submitted for Council consideration.
JG
rak Attachment