===== PDF PAGE 98 =====
[Extraction: OCR (rendered-page OCR)]
CITY OF WEST CHICAGO
_ PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: a.
Funding Agreement & Festival
Resolution No. 21-R-0054
Mexican Independence Day Festival
Mexican Cultural Center DuPage
FILE NUMBER:
COMMITTEE AGENDA DATE: June 28, 2021
COUNCIL AGENDA DATE: July 6, 2021
STAFF REVIEW: Tom Dabareiner SIGNATURE VA S =— —
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
Michael Guttman
ITEM SUMMARY:
The Mexican Cultural Center (MCC) and City Staff seek approval of the attached 2021 Funding
Agreement for the Mexican Independence Day Festival (MID) which is proposed to take place September
18-19, 2021. As outlined in the Agreement, the MCC is responsible for all aspects of planning, organizing
and managing the event while the City provides financial support as well as in-kind services.
The City will provide the financial support of $12,000 to be paid in installments, in order to help cover the
cost of Festival activities and the MCC’s role in producing the Festival for community-wide benefit. Funds
will be released so long as the submittal requirements have been met. The City will also equally match
the amount of cash donations the MCC raises in excess of $2,000, with the City’s matched contribution
not to exceed $8,000. The City’s maximum total contribution to the MCC shall not exceed $20,000.
The Special Event Permit Application, which includes the requests of the City, has been reviewed and
approved by staff from the Police, Public Works, and Community Development Departments as well as
the West Chicago Fire Protection District and Park District. The Special Event Permit Application is
attached.
ACTIONS PROPOSED:
Staff recommends approval of the Funding Agreement and Festival as proposed.
COMMITTEE RECOMMENDATION:
At its June 28, 2021 meeting, the members of the Committee voted 4 to 2 to recommend approval of the
Mexican Independence Day Festival and Funding Agreement, contingent on any orders from any
government related to assembly.

===== PDF PAGE 99 =====
[Extraction: OCR (rendered-page OCR)]
RESOLUTION NO. 21-R-0054
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A FUNDING
AGREEMENT WITH THE MEXICAN CULTURAL CENTER TO SUPPORT THE 2021
MEXICAN INDEPENDENCE DAY EVENT
BE IT RESOLVED by the City Council of the City of West Chicago, in regular
session assembled that the Mayor is hereby authrozied to execute a Funding Agreement
to support the 2021 Mexican Independence Day Event between the City of West Chicago
and the Mexican Cultural Center, in substantially the form attached hereto, and
incorporated herein as Exhibit “A”.
APPROVED this 6" day of July 2021.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
City Clerk

===== PDF PAGE 100 =====
[Extraction: OCR (rendered-page OCR)]
oh:
Eunding A a Ind
Day Festival
This funding agreement (hereinafter referred to as “Agreement") is made and
entered into on the day of ___ 2021 by and between the Mexican Cultural
Center (hereinafter referred to as "MCC") and the City of West Chicago,
(hereinafter referred to as "City").
1. In consideration of the covenants and agreements hereinafter
contained, as well as other good and valuable considerations, the
MCC and the City hereby agree that the MCC is an independent
entity with respect to the City and agrees to perform all services to
create, plan, develop and execute the Mexican Independence Day
Festival on September 18-19, 2021, (hereinafter referred to as
"Festival") and that the City will provide a designated amount of
financial support for such Festival. The MCC has no authority or power
to incur debts, obligations or commitments of any kind whatsoever for
or on behalf of the City or to bind the City to any contract, agreement
or employment agreement.
2. The MCC will be responsible for producing the Festival within the
Downtown Tax Increment Financing (TIF) District. This will include, but
is not limited to, accomplishing the following tasks and purveyance of
services:
A. The MCC will serve as the lead event planner and execute the
following duties:
1. Plan, organize and supervise the Festival, making
arrangements for the Festival site, negotiate contracts with
responsible independent contractors or vendors, apply for all
permits and licenses, comply with all insurance requirements
as defined in the Special Event Permit Application, and
coordinate with City officials.
2. Comply with the City’s Municipal Code, ordinances, and
Special Events Policy in effect at the time this Agreement
becomes fully executed, including the posting of signs in
conformance with the City's regulations regarding concealed
carry at special events’.
Solicit volunteers and vendors as needed.
Undertake additional fundraising efforts.
Ensure at least one supervisor attends and supervises the
entire Festival.
Pay all contractual obligations associated with the Festival and
obtain all required licenses and deposits.
Qa Aw
* Should a higher level of goverment mandate any new laws that the City is required to enforce and should the City Council approve a new law
that does not specifically deal with festivals but rather improves and addresses the health, safety and welfare of West Chicago residents and its
visitors, then the MCC shall be obligated to comply

===== PDF PAGE 101 =====
[Extraction: OCR (rendered-page OCR)]
7. Ensure that the Festival does not open to the public until: all
applicable permits are obtained; all approvals are granted; all
insurance requirements are satisfied; and all posting of signs
is fulfilled.
8. Ensure that the Festival area is maintained in a clean and sanitary
condition during the Festival, and that proper cleanup is
completed after the Festival in order to return City property to its
original condition. This shall include, but is not limited to, prompt
removal of animal waste from festival grounds or the parade
route by MCC staff or hired contractor.
The MCC shall promote the Festival through at least three external
media channels. Promotional efforts for each media source shall be
detailed in the post-event report to include the name of each media
source, copy of the advertisement, length of promotion, and a
summary of reach, if available. The MCC shall also promote the
Festival through its organizational website and social media platforms.
The MCC shall recognize the City in any and all marketing,
promotional and social media materials as a primary contributor and
sponsor of the Festival.
There shall be no entrance fee for the Festival. There will neither be
a carnival nor fireworks at the Festival. Alcohol shall neither be
served nor permitted at the Festival.
The MCC shall offer to all businesses in the Downtown TIF District
an opportunity to be vendors of or participants in the Festival. Such
businesses shall be given priority over businesses not within the
Downtown TIF District. At the MCC’s request, the City will provide
the MCC with a current list of businesses registered within the
Downtown TIF District. Not less than 14 days prior to the Festival,
the MCC will provide the Special Events Coordinator with a copy of
the written communication(s) used to invite downtown businesses to
participate in the Festival, along with a list of those confirmed. This
list shall include a brief description of each business's manner of
participation. This list will be included as an addendum to the Special
Event Permit Application and with the MCC’s final written report.
The MCC shall provide adequate safety and security throughout the
Festival duration. As such, the MCC shall ensure that all horses at the
Festival, whether they are part of the parade or other activities,
shall be separated from the general public by means of barricades
or a distance of at least 10 feet. Additionally, MCC will contract to
have onsite overnight security between the days of September 18
and September 19, 2021. The MCC shall submit a copy of the
security contract to the City’s Special Events Coordinator not less
than 14 days prior to the Festival. The contract shall outline the
expectations of the hired security personnel in order to address how
problematic situations such as_ theft, physical altercations, and/or
trespassing will be handled. Name and contact information of security
2

===== PDF PAGE 102 =====
[Extraction: OCR (rendered-page OCR)]
3.
personnel shall also be provided.
The City's responsibilities are limited to the following:
A. The City will provide financial support of $12,000 to be paid in
installments, in order to help cover the cost of Festival activities and
the MCC’s role in producing the Festival for community-wide benefit.
Funds will be released so long as the submittal requirements have
been met.
1. The City agrees to pay the MCC (or its designee, as specified in
writing) $8,000 for contractual obligations directly related to the
Festival by the end of the week following the July 19, 2021 City
Council meeting.
2. The City agrees to pay the MCC (or its designee, as specified in
writing) $3,500 for contractual obligations directly related to the
Festival by the end of the week following the August 2, 2021 City
Council meeting.
3. The City agrees to pay the MCC (or its designee, as specified
in writing) the final $500 in consideration of all contractual
requirements being met.
The City will equally match the amount of cash donations the MCC
raises in excess of $2,000, with the City’s matched contribution to
not exceed $8,000. The City’s maximum total contribution to the MCC
shall not exceed $20,000.
1. The MCC shall submit a copy of acknowledgment of cash
donations received to support the Festival.
2. The MCC shall be paid the equivalent of the submitted receipt
totals, once the $2,000 minimum has been received by the MCC
and then verified by the City.
3. The MCC will be paid no later than 30 days of the City receiving
a complete and satisfactory submittal.
The MCC shall provide the City copies of all invoices, receipts and
checks to vendors for the expense receipts of not less than $12,000
in addition to the total amount of cash contributions provided by
the City match. These items shall be submitted with the MCC's
final written report which shall include a summary financial report
as outlined in Section 4.E.
1. The MCC shall seek pre-approval from the City Special Event
Coordinator when making purchases outside of essential festival
expenditures. The Special Event Coordinator shall have sole
authority in determining whether a purchase meets the standard
of an essential expenditure. This shall apply only to purchases
above $500.00, but serial purchases of the same item or service
less than that shall also be subject to review.
The MCC shall make its final appearance at the earliest available
Public Affairs Committee meeting after the Festival, no later than the
December 27, 2021 meeting, to present the final written report.
E. Should any submittal deadline not be met and/or should the

===== PDF PAGE 103 =====
[Extraction: OCR (rendered-page OCR)]
information submitted be deemed incomplete, the City will withhold
payment until the submittal is satisfactory. The MCC will be paid
within 30 days of the City receiving complete and satisfactory
submittals.
The City will provide the following in-kind services with approval of
the City Administrator:
1.
Public Works Department employees will assist with Festival set-
up, arrange for a dumpster from Groot Industries at no cost to
MCC, ensure water hook-up, and provide Festival banner and
‘papel picado’ (perforated banner sign) installation along
downtown light posts three weeks prior to the event.
Public Works Department employees shall provide barricades
at the Festival entrances. The MCC may request additional
barricades from the Public Works Department which will be
provided if inventory is available and if Public Works can
reasonably accommodate the request.
Public Works staff will provide standard special event street
cleanup assistance; not included is animal related waste or feed
product disposal. The MCC is responsible for completing all other
event-related cleanup before leaving the Festival site on
September 19, 2021. If a cleanup project requires additional time
and/or the hiring of an external contractor, the MCC must notify
the Special Events Coordinator. The MCC must provide the
Special Events Coordinator with details regarding the nature of the
work to be done, the name and contact information of the
person(s) scheduled to perform the work, and the expected
timeline of completion. If the MCC is unable to complete the work
in a manner deemed acceptable by City staff, the City will conduct
the work and charge the MCC the applicable municipal rate.
Police Department employees will provide staff and provide
security during the hours of operation of the Festival. The City
will not provide on-site overnight security.
Community Development Department employees and/or City
contractors will inspect the general layout of the site and
conduct any other inspections deemed necessary once all
Festival components are known. The site inspection shall take
place at least one hour prior to the time the Festival is scheduled
to open to the public. All event components requiring inspection
shall be completely set up at the time of the scheduled
inspection. At least one representative of the MCC shall be
present during the entire inspection.
Marketing and Communications Division staff will assist the MCC
with the marketing of the Festival via the City’s website,
community calendar and newsletter, however, paid advertising
will be the sole responsibility of the MCC. In order for City staff
to provide marketing assistance, the MCC shall submit 2021
event-specific marketing materials to the City at least 60 days
4

===== PDF PAGE 104 =====
[Extraction: OCR (rendered-page OCR)]
prior to the Festival. These materials may include, but are not
limited to photos, graphics, logos, link to the event website,
and links to social media event page(s). The MCC shall submit
any new or additional marketing materials to the City no later
than 30 days prior to the Festival. These materials may include,
but are not limited to the entertainment schedule, tentative list
of parade participants, tentative list of vendors, and
programming updates. MCC will update the City as new parade
participants and vendors are added on a weekly basis following
the tentative list submission.
The MCC shall communicate progress and compliance with the terms of
this Agreement at the request of the City. The MCC shall comply with
the following coordination and submittal deadlines and all other submittal
dates as indicated on the Special Event Permit Application.
A.
B.
C.
May 24, 2021 — Submit Special Event Permit Application and required
supporting documentation.
June — Attend an Application review meeting to be scheduled by the
City after the Special Event Permit Application has been submitted.
July, August, & September 2021 - The MCC is required to attend at
least three coordination meetings to be held with City officials in
preparation of the Festival. The meetings shall be scheduled by the
City after the Special Event Permit Application has been submitted.
The City reserves the right to cancel the Festival by the third
coordination meeting if the Agreement terms have not been satisfied
or have not been adequately addressed. All monies provided by the
City to MCC prior to any cancellation shall be repaid in accordance
with Section 12 of this Agreement.
September 2, 2021 — Not less than 14 days prior to the Festival,
the MCC shall provide written notice, via hand-delivery and/or U.S.
Mail, to all residents, business tenants, and property owners in the
Turner Junction Historic District where the Festival will take place
and along the parade route. At the MCC’s request, the City will
provide the MCC with a current list of addresses located within these
defined areas. The MCC shall provide a written affidavit to the City
confirming delivery of these notices no later than seven days prior to
the Festival.
November 1, 2021 — Submit final draft of the post-Festival report.
The report shall include a recap of the Festival and detail the
logistical successes and challenges of the event. It shall also
include the accounting of expenses related to the Festival, totaling
not less than $12,000 plus the total amount of the City’s matched
contributions as described in Section 3.B. All associated expenses
shall be accompanied by copies of invoices, receipts, and verification
of payments made to vendors.
If either party elects to enforce the provisions of this contract in a court
of law, the venue shall be in the Circuit Court of DuPage County. The
5

===== PDF PAGE 105 =====
[Extraction: OCR (rendered-page OCR)]
10.
11.
12.
successful party in any action to enforce the terms of this Agreement
is entitled to reimbursement for its reasonable costs and attorney's fees.
The MCC agrees to maintain general liability insurance in amounts not
less than $2,000,000 aggregate and shall name the City of West
Chicago and its respective officials, agents, employees and volunteers all
as additional insureds under the policy. The MCC's insurance coverage
shall be primary as respects the City and its respective officials, agents,
employees and volunteers. Any insurance or self- insurance maintained
by the City and its respective officials, employees, agents and volunteers
shall be excess of the MCC's insurance and shall not contribute with it.
The MCC shall ensure that the City receives original certificates of
insurance and endorsements evidencing the existence of such coverage
with its completed Special Event Permit Application, which shall be
continued during any periods in which this Agreement is in force.
The MCC hereby agrees to indemnify and hold harmless the City and
its directors, officers, agents and employees from and against any and all
claims, demands, actions, causes of action and other liabilities and
expenses, including but not limited to attorney's fees, arising out of or in
connection with the Festival, including but not limited to any such claims
that may be asserted by any employees and/or volunteers of the MCC,
any contractor, vendor or other service provider for the Festival. This
indemnification provision shall survive the term of this Agreement or any
cancellation or abandonment of the terms and conditions contemplated
herein.
The MCC is responsible for obtaining, verifying and retaining all vendor
and participant Certificates of Insurance and waivers when applicable.
The MCC hereby agrees that any and all work conducted at the Festival
site shall be performed in accordance with all applicable laws of the City
to provide a safe working environment for the Festival workers, volunteers
and general public. Any insurance or self-insurance maintained by the
City and its respective officials, employees, agents and volunteers shall
be excess of any vendor's insurance and shall not contribute with it. The
MCC is responsible for ensuring that all insurance requirements are met,
and all required documentation is provided to the City.
If necessary, the MCC hereby grants the City permission to communicate
directly with its insurance company to ensure that the Certificate of
Insurance and the endorsements comply with the terms of this
Agreement, the Special Events Policy, and the City’s Municipal Code.
Neither this Agreement nor any interest herein, or claim hereunder,
shall be assigned or transferred by either the City or the MCC.
Should the MCC fail to comply with the terms of this Agreement, all
monies provided and not accounted for in expenditures towards the
planning of the Festival by the City shall be returned to it within 60 days
of the written notice of the termination of this Agreement. The Festival
may be cancelled by mutual written agreement of both Parties as a
result of extreme weather on any day of the Festival; in this instance, no

===== PDF PAGE 106 =====
[Extraction: OCR (rendered-page OCR)]
repayment to the City is required.
13. If the Festival is canceled arising out of compliance with any law,
ordinance, regulation, ruling, order or other governmental action or arising
out of acts of God, fire, flood, war, acts of terrorism, pandemic, epidemic,
sabotage, accidents, or any other similar circumstance, the City will notify
the MCC and immediately discontinue payments to the MCC and the
accounting procedure in Paragraph 12 shall apply.
CITY OF WEST CHICAGO MEXICAN CULTURAL CENTER
By: By:
Name: Ruben Pineda Name: Fernando Ramirez
Title: Mayor Title: President
Date: Date:
Attest: Attest:
By: By:
Name: Nancy Smith Name:
Title: City Clerk Title: