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09-0805 Puerto Rican Heritage Org di-oggO5 Co-sponsorship Special Event Agreement with PRHO to Host Festival on City Property July 14, 2009 Page 1 SPECIAL EVENT CO-SPONSORSHIP GREEMENT IAN THIS AGREEMENT made and entered into this day of August, 2009, by and between the CITY OF ELGIN, an Illinois municipal corpor. ion (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 is a local not-for-profit organi ation with a mailing address P.O. Box 1152, Elgin, Kane County, Illinois; and, WHEREAS, the PRHO has proposed a special event in he form of a Festival on Saturday August 15, 2009; to be conducted at the Civic Plaza located .ehind City Hall, 150 Dexter Court, Elgin, Illinois(hereinafter referred to as the "Subject Special 7 vent"); and, WHEREAS, Elgin Municipal Code Chapter 13.25 o rovides for the co-sponsorship of special events between the City and certain organizations; an., WHEREAS, PRHO meets the criteria established by the lgin Municipal Code for eligibility for co-sponsorship of special events; and, WHEREAS, PRHO has requested that the City co-spons.r the Subject Special Event; and WHEREAS, the City has determined that the Subject `pecial Event will attract additional interest in the center city area and will assist in promoting rther redevelopment of the center city area; and, WHEREAS, the City's City Council has further determil ed that it is in the best interests of the City to co-sponsor the Subject Special Event with the 'RHO in accordance with the terms and conditions of this Co-sponsorship Agreement; and, WHEREAS, the City is a home rule municipality as def ned in Article VII Section 6a of the 1970 Constitution of the State of Illinois; and, WHEREAS, a home rule unit may exercise any power .nd perform any function pertaining to its government and affairs; and, - 1 - Co-sponsorship Special Event Agreement with PRHO to Host a Festival on City Property July 14, 2009 Page 2 WHEREAS, the co-sponsorship of the Subject Special E ent and promoting further interest in redevelopment of the City's center city area pertains to the overnment and affairs of the City. NOW, THEREFORE, for and in consideration of the utual promises and undertakings contained in this Agreement, and for other good and valuab e consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto ay ee as follows: 1. The foregoing recitals are hereby incorpor:ted into this agreement in their entirety. 2. The PRHO hereby agrees to hold a Festival •n Saturday, August 15, 2009. The Festival will be located at the Civic Plaza, located .-hind City Hall, 150 Dexter Court, Elgin, Illinois and shall be conducted between the ho of 12:00 p.m.-10:00 p.m. 3. PRHO shall apply for and obtain a special :vent permit as provided for under Elgin Municipal Code Chapter 13.25 for the Subject Especial Event. The City Manager shall provide all necessary signatures on the speci. event application to evidence the City's co-sponsorship of the Subject Special Even . Notwithstanding the City's co- sponsorship of the Subject Special Event, the parties ereto understand and agree that the PRHO shall be solely responsible for conducting th- Subject Special Event and for all costs associated with the Subject Special Event incl ding but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.t 5 entitled "Special Events in Public Places." 4. PRHO shall also provide, without cost to the ity, the insurance required pursuant to Elgin Municipal Code Section 13.25.070 n. Cng the City as a primary, non- contributory coinsured with limits of not less than $i ,000,000 combined single limit per occurrence for bodily injury and property damage ith a general aggregate limit of not less than $2,000,000 for the Subject Special Event. 's insurance shall apply as primary insurance with respect to any other insurance or sel -insurance programs afforded to the City. There shall be no endorsement or modificatio of this insurance to make it excess over other available insurance; alternatively, if the i surance states that it is excess or pro - 2- Co-sponsorship Special Event Agreement with PRHO to Host a Festival on City Property July 14, 2009 Page 3 rata, it shall be endorsed to be primary with res t to the City. The certificate of insurance shall provide that the insurance shall not be terminated or reduced for any reason without thirty(30)days advance written notice to the City. 5. PRHO at its sole cost shall apply for and obtain a Class I liquor license for all of the Subject Special Event as provided for herein. e City Manager shall provide all necessary signatures on such liquor license appli ation to evidence the City's co- sponsorship of the liquor license. PRHO shall be th 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 drain shop insurance required pursuant to Elgin Municipal Code Section 13.25.080 naming the City a coinsured with limits of not less that $1,000,000 with such proof of insurance statin: that it shall not be terminated or suspended without at least thirty (30) days prior wri en notice to the City. All alcohol sales shall end no later than 11:00 p.m. on Saturday, • ugust 15, 2009. 6. In conjunction with the Subject Special Even permit application the PRHO shall submit to the City a security plan to be approved b the City's Chief of Police with an acknowledgment that any changes to the security pl. must be submitted to the Chief of Police in writing five (5)business days before the ev nt. Such security plan shall include a system of badges, plastic bracelets or other suc approved device so as to identify persons 21 years of age or older authorized to pure!). e and consume alcohol. City shall provide for 2 police officers to provide police servic:s for the Subject Special Event, and shall be responsible for the direct and reasonable c.sts thereof; provided, however, that the total costs to be borne by the City for such police.ervices shall not exceed$1,500. PRHO shall provide for the payment of one hull( :• percent (100%) of any additional direct and reasonable costs, as determined by the Ci y, to provide police services for the Subject Special Event. The number of police offi -rs and the duration of the special police detail for the special event shall be determine by the City's Chief of Police. Such security plan shall also include the PRHO provi.'ng at its sole cost between 2 to 3 - 3 - Co-sponsorship Special Event Agreement with PRHO to Host a Festival on City Property July 14, 2009 Page 4 additional private security staff at the Subject Specil Event during the hours of 12:00 p.m. to 10:00 p.m. on Saturday, August 15, 2009. 7. Alcohol will be sold on Saturday, August 15, 2009, from 12:00 p.m. to 10:00 p.m. 8. The City shall provide fire and health inspections and such other inspections as are required for the food preparation and tent structures. PRHO shall provide for the payment of one hundred percent(100%)of the direct d reasonable costs, as determined by the City, incurred to provide such fire inspection . d other inspection services for the Subject Special Event. 9. In consideration of the PRHO being solely res I.nsible for conducting and for the clean-up of any refuse generated by the Subject Speci: Event. 10. PRHO at its sole cost shall apply for and obtain all necessary permits for all of the Subject Special Event as provided for herein. Any ;ntertainment and use of amplifiers shall be in compliance with all applicable laws and regulations, and shall end no later than 11:00 p.m. on Saturday, August 15, 2009. 11. The PRHO shall provide a sound check at 11:41 a.m. on Saturday, August 15th, 2009 to determine with the police the appropriate so d level of music for the duration of the Subject Special Event. Both parties will sign-off t. the appropriate sound level. The Police Department will have the authority to lower th- sound level or shut down the music at anytime during the event. 12. PRHO shall be strictly liable for the acts of it. 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, a orney's fees, damages or other relief arising out of or in any way connected with the ubject Special Event or any acts or omissions of the PRHO, its agents, volunteers o employees. Nothing herein shall diminish or obviate the PRHO duty to defend the Ci . In the event of any action against the City or its officers, employees, agents, boar's or commissions covered by the - 4- Co-sponsorship Special Event Agreement with PRHO to Host a Festival on City Property July 14, 2009 Page 5 foregoing duty to indemnify, defend and hold harmle$s 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. 13. PRHO at its sole cost shall publicize the location of all major parking areas in all of its advertisements, flyers and posters regarding the .ubject Special Event. 14. PRHO shall be solely responsible for the clean up of any refuse generated from the Subject Special Event and for all costs associated erewith. 15. PRHO shall provide hand-washing units, stan. . d and handicapped port-o-lets, grease containers, and a 10-yard dumpster for the subject event, at no additional cost to the City. PRHO shall pay for one hundred percent(111%)of the costs for such hand- washing units, standard and handicapped port-o-lets, ;a ase containers and 10-yard dumpster. 16. The City shall provide 15 trash and 15 recyclin,L containers at no additional cost to the PRHO for the subject event. 17. The City shall provide, at its sole cost, two (2 Land Management Division staff for clean-up and facilitating water and electricity on I ivic Plaza. The total costs to be borne by the City for such Land Management Divisi staff services shall not exceed $1,500. The City's total costs for the Subject Special vent shall not exceed$3,000.00, which shall be applies solely as set forth in this Agre:ment. In the event that the City incurs costs in excess of any of the amounts set forth n this Agreement,the PRHO shall pay such excess costs to the City upon thirty (30)da s written demand. 18. Nothing contained in this Agreement shall b, construed to relieve the PRHO, its officers, agents or employees, as well as any othe participants in the Subject Special Event from complying with all applicable laws and egulations of the City, State and the United States, including but not limited to obtainin: any other permits or approvals as required by law. - 5 - Co-sponsorship Special Event Agreement with PRHO to Host a Festival on City Property July 14, 2009 Page 6 19. This Agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship betwen the parties hereto. 20. 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. 21. The terms of this agreement shall be severabl . If any of the terms or provisions of this agreement are deemed to be void or otherwis unenforceable for any reason, the remainder of this agreement shall remain in full force d effect. 22. This agreement is the sole agreement between the parties hereto regarding the Subject Special Event. There are no other agreement , either implied or verbal, between the parties hereto regarding the Subject Special E ent. This agreement shall not be modified or amended without the written agreement tween the parties hereto. 23. PRHO shall pay or reimburse the City for all f the costs and fees provided for in 109 this Agreement within ten (10)days of August 15th ,2 24. PRHO may not assign, transfer, delegate or offe for resale any of the rights or obligations set forth in this Agreement without the w i'tten consent of the City. 25. In no event shall the City be liable for mone . damages, including, but no limited to, compensatory, consequential or incide tal damages or attorney's fees, arising from or in any way related to any breach or o er violation of the terms of this Agreement. 26. No official, director, officer, agent or employe: of City shall be charged personally or held contractually liable under any term or pro i'sion of this Agreement because of their execution, approval or attempted execution f this Agreement. It is agreed and understood that the services referred to in this A ment to be provided by the City are general services only and that no special duties or bligations are intended nor shall be deemed or construed to be created by this Agreemen . It is further agreed and understood - 6 - Co-sponsorship Special Event Agreement with PRHO to Host a Festival on City Property July 14, 2009 Page 7 that this Agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of the civil immunities afforded the!,City and/or its officials, officers, employees, and/or agents pursuant to the Local Government and Governmental Tort Immunities Act at 745 ILCS 10/1-101 et seq., as amended, and/or otherwise provided by law, it being agreed that all of the civil immunities as set forth in such Act, as amended, ) and/or otherwise provided by law, shall fully applyto any and all claims asserted or which might be asserted against the City and/or its ocials, officers, employees, and/or agents as a result of this Agreement or any of the ctions of the City or its personnel pursuant to this Agreement. Without limiting the oregoing, it is further agreed and understood that the City and its officials, officers, em loyees, and/or agents as a result of this Agreement or any of the actions of the City' of its personnel pursuant to this Agreement shall not be liable to any party to this Agreement or any other person or entity for failure to provide adequate police protectio or service, failure prevent the commission of crimes, failure to detect or solvecrimes and/or fail to identify or apprehend criminals. Notwithstanding anything to a contrary in this Agreement, it is agreed and understood that no third party beneficiaries are intended to be created by the provisions of this Agreement and it is the intention and Agreement of the parties hereto that no action may be commenced by the PRHO or any other person or entity against the City and/or any of the City's officials, officers, emloyees, agents and/or other related persons or entities for monetary damages for any alleged breached or failure to provide services described in Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELG lie 6, RTO RICA I HERITAGE ORGANIZATION i .------ By / I. • ByC12, ,s ',? /e SEAtJ f, t�6Au. , Liz RNfl[9&2 �� ... Its � :z� / _ppv - -7 - i Co-sponsorship Special Event Agreement with PRHO to Host a Festival on City Property July 14, 2009 Page 8 hest: Attest: City Clerk - 8 -