06-210 Resolution No.06-210
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE HISPANIC HERITAGE COALITION
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 festival and parade to be held September 16, 2006, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 13, 2006
Adopted: September 13, 2006
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 day of August, 2006, 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");
WITNESSETH
WHEREAS, the HHC operates the Fiesta Salsa and Hispanic Heritage Month
Parade,of P.O. Box 1432, Elgin, Kane County, Illinois; and
WHEREAS, the HHC has proposed a special event in the form of a festival and
parade for September 16, 2006, to be conducted at the Old Gail Borden Library site on
200 N. Grove 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, HHC meets the criteria established by the Elgin Municipal Code for
eligibility for co-sponsorship of a special event; 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 16, 2006. The Subject Special Event will be located at the Old Gail
Borden Library and shall be conducted between the hours of 11:00 a.m. and 11:00
p.m. on September 16, 2006. The Parade will follow a specific route within the
City of Elgin and with certain restrictions determined by the City in the sole
discretion of the City but developed in consultation with HHC.
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 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
$4,972.00. 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 HHC 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, September 16th.
8. Along with providing police services for the Subject Special Event, the City shall
provide Fire Department Services. The total cost contributed by the City should
not exceed$126.00.
9. HIIC 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.
10. 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 must end at
11:00 p.m. on Saturday, September 16th.
11. 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 11:00 p.m. on Saturday, September 16th.
12. City shall be responsible for providing 11 port-o-lets, a 30 yard dumpster, 2 hand
washing units, and 2 dozen cardboard garbage receptacles with trash bag liners,
23 barricades, a portable sound system, 2 microphones, and street cleaning
equipment. The total cost contributed by the City not to exceed $2,101.60. The
HHC shall be responsible for all other sanitary facilities, necessary electrical
power and litter facilities,litter control and clean-up.
13. The City shall cover costs to provide parks staff for clean-up before and after the
event at the Old Gail Borden Library site. The costs for the parks department
service for the City of Elgin will not exceed$501.60.
14. 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$313.20.
15. 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.
16. This Agreement shall not be deemed or construed to create any employment,joint
venture,partnership or other agency relationship between the parties hereto.
17. 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.
18. 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.
19. 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.
20. The City shall be recognized as a sponsor of Event and shall receive benefits of
sponsorship consistent with the level of support provided. At minimum,the City's
support shall be acknowledged in print materials promoting the organization or
event, radio advertising, Web page information and event program(s). Three
samples of this acknowledgement shall be provided to the City for its prior
approval.A logo provided by the city shall be used for this purpose.
21. No official, director, officer, agent or employee of the City shall be held
contractually liable under any term or provision of this Agreement or because of
their execution,approval or attempted execution of this Agreement.
22. No person shall be denied or subjected to discrimination in receipt of the benefit
of any services or activities made possible by or resulting from this Agreement on
the grounds of sex, race, color, creed, national origin, age except minimum age
and retirement provisions, marital status or presence of any sensory, mental or
physical handicap. Any violation of this provision shall be considered a violation
of a material provision of this Agreement and shall be grounds for cancellation,
termination or suspension,in whole or in part,of the Agreement by the City.
23. This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto, provided, however, that no
assignment shall be made without the prior written consent of the City.
24. As a condition of this Agreement,the HHC shall have a written sexual harassment
policies that include at a minimum, the following information: (a)the illegality of
sexual harassment; (b) the definition of sexual harassment under state law; (c) a
description of sexual harassment, utilizing examples; (d) the internal complaint
process, including penalties; (e) the legal recourse investigative and complaint
process available through the Illinois Department of Human Rights and the
Illinois Human Rights Commission; (f) directions on how to contact the
department and commission; (g)protection against retaliation as provided by
Section 6-101 of the Illinois Human Rights Act. A copy of the policies must be
provided to the Department of Human rights upon request 775 ILCS 5/2-105.
25. If either party violates or breaches any term of this Agreement such violation or
breach shall be deemed to constitute a default, and the other party has the right to
seek such administrative, contractual or legal remedies as may be suitable to the
violation or breach including the right of the non-breaching party to terminate this
Agreement.
26. The attached City of Elgin Co-Sponsorship Cost Work Sheet is attached hereto
and made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first written above.
CITY OF ELGIN HISP: Pija ITION
By ►.
Ed Schock,Mayor Its L.rn.kt..y-
CITY OF ELGIN SPECIAL EVENT CO -SPONSORSHIP GUIDE
CO-SPONSORSHIP COST WORK SHEET Hispanic Heritage Coalition
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 In by City)
20 Yard Dumpster $275
30 Yard Dumpster $375 1 1 $375.00
Port-o-lets $75 8 8 $600.00
Handicapped Port-o-lets $100 1 3 $300.00
Handwashing Units $100 2 2 $200.00
Cardboard Garbage Receptacles n/c 2 dzn. 2 dzn. 0
Trash bag liners . $30/case of 100 1 case 1 case $ 30.00
Parks Labor $4160-$62.70/hr 4hr. x 2staff 4hr. x 2staff $501.60
Water Hook-up $
Public Works Labor
(i.e.,traffic control,etc.)
Labor $45.70-54.00/hr 4 4 $216.00
J
Equipment $17.90 23 23 $411.70 al
Street Sweeping Services
Labor $48.60/hr 2 hrs. 2 hrs. $ 97.20
Equipment $45.60/hr
2 hrs. 2 hrs, $ 91.20
Fire Dept.Services $63 per hour I 2 hrs. 2 hrs. $126.00
parade $2,200.00
Police Services $63 per hour festival $2,772.00
Hemmens Services
Labor/Tech $24.45 /hour
Senior Tech $36.60/ hour
Hemmers Rental/Fri-Sun
Entire Bldg $343 / hour
Stage $160/hour
Exhibition Hall $287/hour
Hemmens Equipment
Trucks: $33.50/day
Portable Sound System: $53.50 1 1 $ 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 2 2 $40.20
Lectern/Podium $13.40 1 �-
ihk. TOTAL - _-_ $8014.40
OF Etc,
-00" Agenda Item No.
, , § City of Elgin
August 18, 2006
TO: Mayor and Members of the City Council
Yn,:t oral c s n,:,nil
FROM: Olufemi Folarin, City Manager :tiltrr,!,c,e,.,;rn,r,;��,<f r
Ir:,.;: ,•
Randy Reopelle, Parks and Rec eation Director
SUBJECT: Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and
Parade
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 Parade and Festival scheduled for September 16, 2006.
RECOMMENDATION
oak
It is recommended that the City Council approve the agreement with the Hispanic Heritage
Coalition to co-sponsor the Fiesta Salsa and Hispanic Heritage Month Parade on Saturday,
September 16, 2006, for a not to exceed amount of$8,014.40 in financial and in-kind support.
BACKGROUND
Representatives from the Hispanic Heritage Coalition have submitted a City of Elgin Special
Event Application to hold their annual parade and festival at the old Gail Borden Library on
September 16, 2006. The Hispanic Heritage Coalition is a non-profit organization committed to
providing an annual Fiesta Salsa and Hispanic Heritage Month Parade. Staff has met with the
Hispanic Heritage Coalition to review event logistics.
Hispanic Heritage Coalition has provided the City of Elgin with the Fiesta Salsa and Hispanic
Heritage Month Parade that generates substantial local attention and draws people to downtown
Elgin. To help offset the high cost involved in this event, the Hispanic Heritage Coalition is
requesting co-sponsorship from the City. Without the co-sponsorship, the Hispanic Heritage
Coalition 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 police officers for parade street closures and for
event security. Police officers to be provided during event hours: September 16, 11:00
a.m. - 11:00 p.m. The costs for the police service for the City of Elgin will not exceed
$4,972.00.
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 2
2. The City shall cover the costs to provide the fire department services which will not
exceed $126.00.
3. The City shall cover the costs to provide 11 port-o-lets, waste containers, 2 hand washing
units, barricades rental for parade, and equipment use at a cost not to exceed $2,101.60
The HHC will be responsible for clean-up.
4. 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 parks department service for the City of
Elgin will not exceed $501.60.
5. 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 $313.20.
6. The Hispanic Heritage Coalition 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.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
9s-g t FINANCIAL IMPACT
The total cost of the Co-sponsorship Agreement with the HHC is a not to exceed amount of
$8,014.40. Police services will equal no more than $4,972.00 and be charged to the General
Fund, Police Department Overtime Employee Earnings, account number 010-2308-731.01-02,
$126.00 to Fire Department Overtime Employee Earnings, account number 010-2801-735.01-02,
$313.20 to Public Works Department Overtime Salary, account number 010-3321-753.01-02,
and $501.60 to Land Management from Overtime Salary, account number 010-3371-764.01-02
project number 99704. Sufficient funds exist to pay for the personnel related overtime costs. A
total of $2,101.60 will be allocated to the cost of port-o-lets, waste containers, barricades,
equipment 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 99704 will be charged for these miscellaneous supplies.
ink
Ow Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 3
GAL IMPACT
None.
ALTERNATIVES
1. Approve the agreement with the Hispanic Heritage Coalition to co-sponsor the Elgin
Fiesta Salsa and Hispanic Heritage Month Parade on Saturday, September 16, 2006 for a
not-to-exceed amount of$8014.40 in financial and in-kind support.
2. Do not approve the agreement with the Hispanic Heritage Coalition to co-sponsor the
Elgin Fiesta Salsa and Hispanic Heritage Month Parade on Saturday, September 16, 2006
for a not-to exceed amount of$8014.40 in financial and in-kind support.
Respectfully submitted for Council consideration.
jg/bk
Attachments
ill Pk
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 4
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this day of August, 2006, 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");
WINES SETH
WHEREAS, the HHC operates the Fiesta Salsa and Hispanic Heritage Month Parade, of
P.O. Box 1432, Elgin, Kane County, Illinois; and
WHEREAS, the HHC has proposed a special event in the form of a festival and parade for
September 16, 2006, to be conducted at the Old Gail Borden Library site on 200 N. Grove 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, HHC meets the criteria established by the Elgin Municipal Code for eligibility
for co-sponsorship of a special event; 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
dook
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 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:
'`ook 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 16, 2006. The Subject Special Event will be located at the Old Gail Borden
Library and shall be conducted between the hours of 11:00 a.m. and 11:00 p.m. on
September 16, 2006. The Parade will follow a specific route within the City of Elgin and
with certain restrictions determined by the City in the sole discretion of the City but
developed in consultation with HHC.
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
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 6
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 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
400. 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
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 7
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
Aim
Special Event; provided, however, that the total cost contributed by the City shall not
exceed $4,972.00. 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 HHC 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, September 16th.
8. Along with providing police services for the Subject Special Event, the City shall provide
Fire Department Services. The total cost contributed by the City should not exceed
$126.00.
9. 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.
10. 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
oft
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 8
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 must end at 11:00 p.m. on Saturday, September 16th
11. 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 11:00 p.m. on Saturday, September 16th
12. City shall be responsible for providing 11 port-o-lets, a 30 yard dumpster, 2 hand
washing units, and 2 dozen cardboard garbage receptacles with trash bag liners, 23
barricades, a portable sound system, 2 microphones, and street cleaning equipment. The
total cost contributed by the City not to exceed $2,101.60. The HHC shall be responsible
for all other sanitary facilities, necessary electrical power and litter facilities, litter control
and clean-up.
13. The City shall cover costs to provide parks staff for clean-up before and after the event at
the Old Gail Borden Library site. The costs for the parks department service for the City
of Elgin will not exceed $501.60.
14. 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$313.20.
15. 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
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 9
States, including but not limited to obtaining any other permits or approvals as required
by law.
16. This Agreement shall not be deemed or construed to create any employment, joint
venture,partnership or other agency relationship between the parties hereto.
17. 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.
18. 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
ob.
remainder of this agreement shall remain in full force and effect.
19. 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.
20. The City shall be recognized as a sponsor of Event and shall receive benefits of
sponsorship consistent with the level of support provided. At minimum, the City's
support shall be acknowledged in print materials promoting the organization or event,
radio advertising, Web page information and event program(s). Three samples of this
acknowledgement shall be provided to the City for its prior approval. A logo provided by
the city shall be used for this purpose.
21. No official, director, officer, agent or employee of the City shall be held contractually
liable under any term or provision of this Agreement or because of their execution,
approval or attempted execution of this Agreement.
doilk
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 10
22. No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds
of sex, race, color, creed, national origin, age except minimum age and retirement
provisions, marital status or presence of any sensory, mental or physical handicap. Any
violation of this provision shall be considered a violation of a material provision of this
Agreement and shall be grounds for cancellation, termination or suspension, in whole or
in part, of the Agreement by the City.
23. This Agreement and each and every portion thereof shall be binding upon the successors
and the assigns of the parties hereto, provided, however, that no assignment shall be
made without the prior written consent of the City.
oak
24. As a condition of this Agreement, the HHC shall have a written sexual harassment
policies that include at a minimum, the following information: (a) the illegality of sexual
harassment; (b) the definition of sexual harassment under state law; (c) a description of
sexual harassment, utilizing examples; (d) the internal complaint process, including
penalties; (e) the legal recourse investigative and complaint process available through the
Illinois Department of Human Rights and the Illinois Human Rights Commission; (f)
directions on how to contact the department and commission; (g)protection against
retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the
policies must be provided to the Department of Human rights upon request 775 ILCS 5/2-
105.
25. If either party violates or breaches any term of this Agreement such violation or breach
shall be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach
Aiow
including the right of the non-breaching party to terminate this Agreement.
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 11
26. The attached City of Elgin Co-Sponsorship Cost Work Sheet is attached hereto and made
a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first written above.
CITY OF ELGIN HISPANIC HERITAGE COALITION
By By
Ed Schock, Mayor Its
Attest: Attest:
Adow
City Clerk
Co-Sponsorship Agreement with Hispanic Heritage Coalition for Festival and Parade
August 18, 2006
Page 12
Attachment
PrF
F:\Recreation\2006
COW Mean Drafts\II
CITY OF ELGIN SPECIAL EVENT CO -SPONSORSHIP GUIDE
CO-SPONSORSHIP COST WORK SHEET Hispanic Heritage Coalition
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 gifted in by City)
20 Yard Dumpster $275
30 Yard Dumpster $375 1 1 $375.00.
Port-o-lets $75 8 8 $600.00
Handicapped Porto-lets $100 3 $300.00
Handwashing Units $100 2 2 $200.00
Cardboard Garbage Receptacles n/c 2 dzn. 2 dzn. 0
Trash bag liners . $30/case of 100 1 case 1 case $ 30.00
Parks Labor .$41.60-$62.70/hr 4hr. x 2staff 4hr. x 2staff $501.60
Water Hook-up $
Public Works Labor
(i.e.;traffic control,etc.) .
Labor $45.70-54.00/hr 4 4 $216.00
d
Equipment $17.90 23 23 $411.70 4,10
Street Sweeping Services
Labor $48.60/hr 2 hrs. 2 hrs. $ 97.20
4,0'► Equipment $45.60/hr
2 hrs. 3 hrs_ $ 91.20
Fire Dept.Services • $63 per hour 2 hrs. 2 hrs. $126.00
parade $2,200.00
•
Police Services $63 per hour festival $2,772.00
Hemmens Services
Labor/Tech $24.45 /hour
Senior Tech $36.60/ hour
Hemmens Rental/Fri-Sun
Entire Bldg $343 /hour
Stage $160/hour
Exhibition Hall $287/hour •
Hemmens Equipment
Trucks: $33.50/day
Portable Sound System: $53.50 1 1 $ 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 2 2 $40.20
Lectern/Podium $13.40
LTOTAL
$8014-40