07-190 Resolution No. 07-190
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH THE ELGIN PUERTO RICAN HERITAGE ORGANI7ATION
(Puerto Rican Week Activities)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that
Ed Schock, Mayor, and Diane Robertson, 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 Heritage Organization for activities related to Puerto Rican Week to be held August 5
11, 2007, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schack
Ed Schock, Mayor
Presented: July 25, 2007
Adopted: July 25, 2007
Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT made and entered into this __ day of July, 2007, by
-h--
and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred
to as the "City") and the Puerto Rican Heritage Organization, an Illinois not-for-profit
corporation(hereinafter referred to as "PRHO");
WITNESSETH
WHEREAS, the PRHO operates the Puerto Rican Heritage Organization, of P.O.
Box 1152, Elgin, Kane County, Illinois; and
WHEREAS, the PRHO has proposed events in the form of a pageant, dinner and
festival for August 5, 9 and 11, 2007 respectively.
WHEREAS, PRHO's pageant practice will take place in the Tap Room at The Centre
during the months of June and July, the dignitary's dinner will be held on Thursday,
August 9 at the Hemmens Cultural Center's lobby, and BoriquaFest will be held at
Festival Park on Saturday, August 11, 2007 in Elgin, Illinois (hereinafter referred to as
the "Subject Special Events"); and
WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of
special events between the City and certain organizations; and
WHEREAS, PRHO meets the criteria established by the Elgin Municipal Code for
eligibility for co-sponsorship of special events; and
WHEREAS, PRHO has requested that the City co-sponsor the Subject Special
Events; and
WHEREAS, the City has determined that the Subject Special Events 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 Events with the PRHO 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 Events 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 PRHO hereby agree to co-sponsor the Subject Special Events on
August 5, August 9, and August 11, 2007. The Subject Special Events will be
located at The Centre, Hemmens Cultural Center and at Festival Park. Hours for
pageant will vary throughout the summer; hours for the dignitary's dinner shall be
from 6:00 p.m. to 9:00 p.m. and hours for BoriquaFest shall be from 11:00 a.m. to
11:00 p.m.
3. PRHO 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 Events. Notwithstanding the City's co-
sponsorship of the Subject Special Events, the parties hereto understand and agree
that the PRHO shall be solely responsible for conducting the Subject Special
Events and for all costs associated with the Subject Special Events including but
not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25
entitled "Special Events in Public Places".
4. PRHO shall be strictly liable for the acts of its volunteers, officers and employees
and PRHO 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 Events or any acts or omissions of the PRHO, its agents, volunteers or
employees. Nothing herein shall diminish or obviate the PRHO 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. PRHO 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 PRHO being solely responsible for conducting the Subject
Special Events and for all costs associated with the Subject Special Events as
provided herein, the parties understand and agree that the PRHO shall be entitled
to retain any income received from the Subject Special Events.
7. In conjunction with the Subject Special Events permit application the PRHO 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
Events; 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 PRHO providing at its sole cost
between 2 to 3 additional private security staff at the Subject Special Events
during the hours of 11:00 a.m. to 11:00 p.m. on Saturday, August 11.
8. PRHO 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 Events.
9. PRHO 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. PRHO shall be the
vendor under such Class I license which shall actually conduct and be responsible
for all liquor sales. PRHO 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 11.
10. PRHO 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 11.
11. City shall be responsible for providing 10 port-o-lets, a 30 yard dumpster, 4 hand
washing units, and cardboard garbage receptacles with trash bag liners, the total
cost contributed by the City not to exceed $1,600. The PRHO 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 clean-up before and after the
event on Festival Park. The costs for the parks department service for the City of
Elgin will not exceed $1,200.00
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 works department service
for the City of Elgin will not exceed $2,120.00
14. The City shall cover costs to provide practice space for the pageant at The Centre
during the months of June and July. The costs for The Centre for the City of Elgin
will not exceed $842.50.
15. The City shall cover costs to provide location and set-up equipment for the
Dignitary's Dinner at the lobby of the Hemmens Cultural Center on August 9.
The costs for the Hemmens Cultural Center for the City of Elgin will not exceed
$2,040.75.
16. Nothing contained in this Agreement shall be construed to relieve the PRHO, its
officers, agents or employees, as well as any other participants in the Subject
. -
Special Events 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.
17. This Agreement shall not be deemed or construed to create any employment,joint
venture, partnership or other agency relationship between the parties hereto.
18. 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.
19. 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.
20. This agreement is the sole agreement between the parties hereto regarding Subject
Special Events. There are no other agreements, either implied or verbal, between
the parties hereto regarding Subject Special Events. 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 PUERTO RICAN HERITAGE ORGANIZATION
By \ • -
A (
Ed Schock, Mayor Its \ ;U .
I J
Attest: Attest:
City Clerk