05-153 Resolution No. 05-153
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE ELGIN PUERTO RICAN PARADE COMMITTEE
(Elgin Puerto Rican Parade & 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 Elgin
Puerto Rican Parade Committee for the Elgin Puerto Rican Parade and Festival to be held August 13,
2005, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 11, 2005
Adopted: May 11, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this 1(71,— day of 4,11r2005, 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 not-for-profit corporation
(hereinafter referred to as "EPRPC");
WITNESSETH
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
13,2005,to be conducted on Civic Center Plaza(hereinafter referred to as the"Subject Special
Event"); and
WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of
special events between the City and certain organizations; 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 13, 2005. 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 13,
2005.
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 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 $4,015. 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 13.
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 13.
10. EPRPC 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 11:00 p.m. on Saturday, August 13.
11. City shall be responsible for providing 10 port-o-lets, a 20 yard dumpster, 3 hand
washing units, and cardboard garbage receptacles with trash bag liners. 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 P ' • 0 E40 MMITTEE
By Air
By .1
Ed Schock, Mayor Its
Attest: Attest:
r4 M -
City Clerk
,t.t OF
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§ City of Elgin Agenda Item No. L_.
E •
April 22, 2005 G
N
TO: Mayor and Members of the City CouncilRECREATIONAL LEISURE
ANO CULL UFt"L OPPORTUNITIES
FROM: Olufemi Folarin, City Manager
Randy Reopelle, Parks and Rec eation Director
SUBJECT: Co-Sponsorship 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 13, 2005.
elmk RECOMMENDATION
It is recommended that the City Council approve the agreement with the Elgin Puerto Rican
Parade Committee to organize the Puerto Rican Day Parade and Festival on Saturday, August 13,
2005 for a not to exceed amount of $6,080 in financial and in-kind support.
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 13, 2005. 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:
tek Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22, 2005
Page 2
1. The City shall cover the costs to provide police officers for Parade street closures and for
event security. Police Officers to be provided during event hours: August 13, 11:00 p.m.
- 11:00 p.m. The costs for the police service for the City of Elgin will not exceed
$4,015.00.
2. The City will cover the costs to 10 provide port-o-lets, waste containers, 3 hand washing
units, at a cost not to exceed $1,565.00. The EPRPC will be responsible for clean-up.
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, at the Lords Park Pavilion, tables, risers, DJ
services, and catering for 100 attendees at a cost to the City not to exceed $500.00. Total
cost is $4,175.00.
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 $2,000,000
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
communities will be present at the dinner as well as the festival the next day.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
.I FINANCIAL IMPACT
The total cost of the Co-sponsorship Agreement with the EPRPC is a not to exceed amount of
$6,080. Police services will equal no more than $4,015 and be charged to the General Fund,
Police Department Overtime Employee Earnings, account number 010-2308-731.01-02, project
number 030119 where sufficient funds exist to pay for the personnel related overtime costs. A
total of$2,065 will be allocated to the cost of the Dignitary's Dinner ($500 maximum), port-o-
lets, waste containers and hand washing units. The General Fund, Misc. Services City Co-
sponsored Special Events, account number 010-0801-790.45-99 (budgeted and available
$20,000)project number 030119 will be charged for these miscellaneous supplies.
EGAL IMPACT
y None
(11' Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22, 2005
Page 3
ALTERNATIVES
1. Approve the agreement with the Elgin Puerto Rican Parade Committee to organize the
Elgin Puerto Rican Day Parade and Festival on Saturday, August 13, 2005 for a not-to-
exceed amount of$6,080.00 in financial and in-kind support.
2. Do not approve the agreement with the Elgin Puerto Rican Parade Committee to organize
the Elgin Puerto Rican Day Parade and Festival on Saturday, August 13, 2005 for a not-
to exceed amount of$6,080.00 in financial and in-kind support.
Respectfully submitted for Council consideration.
JG
Attachments
Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22,2005
Page 4
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this day of April, 2005, 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 not-for-profit corporation
(hereinafter referred to as "EPRPC");
WITNESSETH
WHEREAS, the EPRPC operates the Elgin Puerto Rican Parade & Festival, of 96 North
Lyle Avenue, Elgin, Kane County, Illinois; and
WHEREAS, the EPRPC has proposed a special event in the form of a festival for August 13,
2005, to be conducted on Civic Center Plaza (hereinafter referred to as the "Subject Special
Event"); and
WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of special
events between the City and certain organizations; 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
rik
fe` Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22, 2005
Page 5
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.
fee 2. The City and the EPRPC hereby agree to co-sponsor the Subject Special Event on
August 13, 2005. 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 13,
2005.
3. EPRPC shall be responsible for applying for and obtaining a special event petinit 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 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
Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22, 2005
Page 6
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
i
Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22, 2005
Page 7
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
$4,015. 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 13.
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 13.
Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22,2005
Page 8
10. EPRPC 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 11:00 p.m. on Saturday, August 13.
11. City shall be responsible for providing 10 port-o-lets, a 20 yard dumpster, 3 hand
washing units, and cardboard garbage receptacles with trash bag liners, the total cost
contributed by the City not to exceed $1,565. An additional $500 will be contributed to
EPRPC for the Dignitary's Dinner held on the eve of August 12. 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.
(0--- Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee
April 22, 2005
Page 9
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
rik