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06-134 Resolution No. 06-134 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 THEE 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 12, 2006, a copy of which is attached hereto and made a part herepf by reference. s/Ed Schack Ed Sehock,Mayor Presented: June 14, 2006 Adopted: June 14, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Co-Sponsorship Agreement with the Elgin Puerto Rican Parad Committee May 19, 2006 Page 4 SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this ( Yi- day of June, 2006, 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 12, 2006, to be conducted on Civic Center Plaza in Elgin, Illinois (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 meets the criteria established by the Elgin Municipal Code for eligibility for co-sponsorship of a special event; and WHEREAS, EPRPC has requested that the City co-sponor 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 • Co-Sponsorship Agreement with the Elgin Puerto Rican Parad Committee May 19, 2006 Page 5 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 EPRPC hereby agree to co-sponsor the Subject Special Event on August 12, 2006. The Subject Special Event will be l9cated on Civic Center Plaza and shall be conducted between the hours of 11:00 and 11:00 p.m. on August 12, 2006. 3. EPRPC 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 C ty'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 cost associated with the Subject Special Event including but not limited to the fees and cost identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee May 19, 2006 Page 6 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 generial 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. hi consideration of the EPRPC being solely respdnsible 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. Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee May 19, 2006 Page 7 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 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 $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 co't 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 12. 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 Subje6t Special.Event. 9. EPRPC at its sole cost shall apply for and obtain a Cl4ss 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 condict and be responsible for all liquor sales. EPRPC shall also provide, without cost to he City, the dram shop insurance required pursuant to Elgin Municipal Code Sectiop 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 Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee May 19, 2006 Page 8 it shall not be terminated or suspended without at bast thirty (30) days prior written notice to the City. All alcohol sales must end at 11:00).m. on Saturday, August 12. 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 12. 11. City shall be responsible for providing 10 port-o-Its, 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 $1,600. The EPRPC shall be responsible for all other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 12. The City shall cover costs to provide parks staff for cyan-up before and after the event on Civic Center Plaza. The costs for the parks department service for the City of Elgin will not exceed $505.00 13. The City shall cover costs to provide public works staff for barricade set-up and street sweeping for the parade. The costs for the public worls department service for the City of Elgin will not exceed $1,446.00 14. 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 obtainings any other permits or approvals as required by law. 15. This Agreement shall not be deemed or construed to create any employment, joint venture, partnership or other agency relationship between the parties hereto. Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee May 19, 2006 Page 9 16. 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. 17. The terms of this agreement shall be severable. If any of the tet ins 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. 18. 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 greement 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 ELG I PUERTO ' I A •ARADE COMMITTEE By 4e— •10rABy I '1 • Ed Schock, Mayor Its - 31 Attest: Attest: IhQ • City Clerk • CITY OF ELGIN SPECIAL EVENT CO -SPONSORSHIP GUIDE CO-SPONSORSHIP COST WORK SHEET Puerto Rican Parade & Festiva Please note:Equipment is based on availability and rates are subject to Change. ITEM OF SUPPORT REQUESTED COST TO CITY MANHOURS/UNITS APPROVED REQUEST TOTAL COST PER UNIT REQUESTED) (Filled la by City) 20 Yard Dumpster $2751 1 $275.00 30 Yard Dumpster $375 Port-o-lets $75 6 6 $450.00 Handicapped Port-o-lets $100 2 I 2 $200.00 Handwashing Units $100 3 I 3 $300.00 Cardboard Garbage Receptacles n/c i in NC Trash bag liners $30/case of 100 • 11 $ 30.00 Parks Labor $4160-$62.70/hr 4hr.x2z62I.70 4hr.x2x62.70 $505.00 Water Hook-up $ Public Works Labor (i.e.,traffic control,etc.) Labor $45.70-54.00/hr 12hr.x2 12hr.x2 $1,300.00 Equipment x17.90/hr. 12x17.190 12x17.90 $215.00 0 Street Sweeping Services 1 Labor $48.60/hr I $145.80 Equipment $45.60/hr $130.00 . Fire Dept.Services $63 per hour I Parade $2,200.00 Police Services $63 per hour Festival $1,815.00 Hemmens Services Labor/Tech $24.45 /hour Senior Tech $36.60/hour Hemmens Rental/Fri-Sun Entire Bldg $343 /hour I Stage $160/hour Exhibition Hall $287/hour Hemmens Equipment Truth: $33.50/day Portable Sound System: $53.50 Battery Podium: $53.50 Padded Chairs (for use inside only) $1.35 Metal Folding Chairs (for use inside only) $0.80 Folding Tables(for use inside only) $4.40 Microphones $20.10 Lectern/Podium $13.40 616_ TOTAL IC $7,566 . • '.• , 0 OF 6-4c Agenda Item No. C) — City of Elgin , 400-• -•;„ - ••; ,,r ,'4 - , „... .,.. ., ,. . • - ._. May 19, 2006 1 - - —I - ' ----- ------ ---i.:z:: :, , TO: Mayor and Members of the City Council ,_ rThz litra'rratmal,Leisurr,11,1, , FROM: Olufemi Folarin, City Manager cuiri,r,z()pr,c;funiticsfrr Al((,itt zrus Randy Reopelle, Parks and Rec eation Director • SUBJECT: Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee ' I 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 12, 2006. RECOMMENDATION osk 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 12, 2006, for a not to exceed amount of$7,566 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 anc festival at Civic Center Plaza on August 12, 2006. The Elgin Puerto Rican Parade Comriittee 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 loistics. Since 1992, the Elgin Puerto Rican Parade Committee has I provided the City of Elgin with the Puerto Rican Parade and Festival that generates substantial ocal 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 Ciy. Without the co-sponsorship, the Elgin Puerto Rican Parade Committee feels it will be a signi1lcant financial hardship to cover the expenses of the event. As a part of the City's support for the event, a special vents co-sponsorship agreement is proposed. The main items of the agreement are as follows: olik 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 12, 11:00 a.m. - 11:00 p.m. The costs for the police service for the City of Elgin will not exceed $4,015.00. . I ' 00- Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee May 19, 2006 Page 2 2. The City will cover the costs to provide 10 port-o-let$, waste containers, 3 hand washing units, barricades rental for parade, and equipment use at a cost not to exceed $1,600.00 The EPRPC will be responsible for clean-up. 3. The City shall cover the costs to provide parks staff for clean-up before and after the event on Civic Center Plaza. The costs for the park department service for the City of Elgin will not exceed $505.00. 4. The City shall cover costs to provide public works Staff for barricade set-up and street sweeping for the parade. The costs for the public works department service for the City of Elgin will not exceed $1,446.00 5. The Elgin Puerto Rican Parade Committee will provide insurance naming the City as a primary, non-contributing co-insured with excess caverage 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 0 f'I 'ANCIAL IMPACT The total cost of the Co-sponsorship Agreement with the PRPC is a not to exceed amount of $7,566. Police services will equal no more than $4,015 d be charged to the General Fund, Police Department Overtime Employee Earnings, account number 010-2308-731.01-02, $1,446 to Public Works Department Overtime Salary, account number 010-3321-753.01-02, and $505 to Land Management from Overtime Salary, account numbe 010-3371-764.01-02 project number 039676. Sufficient funds exist to pay for the personnel rel ted overtime costs. A total of$1,600 will be allocated to the cost of port-o-lets, waste contai ers, barricades, equipment and hand washing units. The General Fund, Misc. Services City o-sponsored Special Events, account number 010-0801-790.45-99 (budgeted and available $20P000) project number 039676 will be o charged for these miscellaneous supplies. 4000 Co-Sponsorship Agreement with the Elgin Puerto Rican Parade Committee May 19, 2006 Page 3 NvoLEGAL IMPACT None 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 12, 2006 for a not-to- exceed amount of$7,566.00 in financial and in-kind stipport. 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 12, 2006 for a not- to exceed amount of$7,566.00 in financial and in-kind support. Respectfully submitted for Council consideration. JG Attachments 0