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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDAITEMNUMBER: — +:©. |
Resolution No. 24-R-0049
Funding Agreement
Mexican Independence Day Festival
Mexican Cultural Center DuPage
FILE NUMBER:
COMMITTEE AGENDA DATE: June 3, 2024
COUNCIL AGENDA DATE:
sionarure_(22—>——
APPROVED BY CITY ADMINISTRATOR: SIGNATURE
Michael Guttman
STAFF REVIEW: Tom Dabareiner
ITEM SUMMARY:
The Mexican Cultural Center (MCC) and City Staff seek approval of the attached 2024 Funding
Agreement for the Mexican Independence Day Festival (MID), now a one-day event, which is proposed to
take place September 15, 2024 at Leman Middle School. As outlined in the Agreement, the MCC is
responsible for all aspects of planning, organizing and managing the event. The City provides financial
support as well as in-kind services for both the festival and parade, which covers overtime costs.
The City will provide the financial support of $8,500 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 $16,500.
ACTIONS PROPOSED:
Staff recommends approval of the Resolution No. 24-R-0049 as proposed.
COMMITTEE RECOMMENDATION:

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RESOLUTION NO. 24-R-0049
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A FUNDING
AGREEMENT WITH THE MEXICAN CULTURAL CENTER TO SUPPORT
THE 2024 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 authorized to execute a Funding Agreement
to support the 2024 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 3 day of June 2024.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor
ATTEST:
Executive Office Manager

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Exhibit A
Eunding Agreement for Mexican Independence
Day Festival
This funding agreement (hereinafter referred to as "Agreement") is made and
entered into on the 3 day of June 2024 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 15, 2024, (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.
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. Should a higher level of government
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.
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
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obtain all required licenses and deposits.
7. Ensure that the Festival does not open to the public until: all
inspections are completed and signed off on; 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 and host
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.
9. The Special Event Permit Application must include, but is not
limited to: a written request for City services, food and general
vendor applications, parade applications, schedule of events, and
an event map. The food and vendor applications must include a
Hold Harmless Agreement to be signed by vendors, deadline
dates for registration, no alcohol permitted information, certificate
of insurance needs, and DuPage County Health Department
information for food vendors.
10. If there is a parade, Staff must receive a final list of parade
participants, in the order they will be walking, no later than one
week prior to the event date. The parade application must include
rules, including but not limited to, no alcohol, registration deadline
date, time of step off, assembly time and location, parade route
length, waiver and hold harmless agreement for participants. The
parade route must be agreed upon with City Staff prior to submittal
of Special Event Permit Application. If MCC does not make every
effort to prohibit non-registered participants into the parade after
final list is submitted, the final $500 shall be forfeited.
11. City Staff to receive final festival layout by final coordination
meeting, including, but not limited to, vendor locations,
entertainment locations, restroom facilities, arrival instructions that
vendors received, etc.
B. The MCC shall promote the Festival through various 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 must
post the vendor applications, parade applications and schedule of
events. Staff is to receive a copy of the vendor application and parade
application in the Special Event Permit Application.
C. 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.
D. There shall be no entrance fee for the Festival. There will neither be
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a carnival nor fireworks at the Festival. Alcohol shall neither be
served nor permitted at the Festival.
E. 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.
F. Aplan must be set for weather cancellations and/or pauses. This plan
must be coordinated with City Staff.
G. The MCC must attend the Public Affairs Committee meetings when the
Festival is being discussed, including but not limited to: the Funding
Agreement, the Special Event Permit Application, and the final report.
The City can withhold final payment if an MCC representative is not
present at the meetings.
3. The City's responsibilities are limited to the following:
A. The City will provide financial support of $8,500 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) $4,500 for contractual obligations directly related to the
Festival by the end of the week following the July 15, 2024 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 5, 2024 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.
B. 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 $16,500.
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.
C. The MCC shall provide the City copies of all invoices, receipts and
checks to vendors for the expense receipts of not less than $8,500
in addition to the total amount of cash contributions provided by
the City match. A breakdown of the festival revenues, vendor fees,

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and sponsorships must be included in the final report. 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.
Copies of the final report must be provided to Staff no later than
November 1, originals will not be accepted.
1. The MCC shall seek the written pre-approval from the City’s
Special Event Coordinator when making purchases outside of
essential festival expenditures. The Special Event Coordinator
shall have the sole authority in determining whether a purchase
meets the standard of an essential expenditure. This shall apply
only to purchases above $750.00, but serial purchases of the
same item or service less than that shall also be subject to review.
2. Funding cannot be used for travel expenses.
The MCC shall make its final appearance at the earliest available
Public Affairs Committee meeting after the Festival, no later than the
November 18, 2024 meeting, to present the final written report. The
City can withhold final payment if a MCC representative is not present
at the meeting. If for any reason the November 18, 2024 meeting is
canceled, the MCC will appear at the following Public Affairs
Committee meeting.
Should any submittal deadline not be met and/or should the
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. Police and Public Works to provide in-kind services for parade if
MCC chooses to have a parade. Parade route must be
coordinated and agreed upon with City Staff. Please see 2. A. 10
for more information.
2. 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.
3. 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.
4. 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. If a cleanup
project requires additional time and/or the hiring of an external
contractor, the MCC must notify the Special Events Coordinator.
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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.
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 email 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 event-specific marketing materials to the City at least 60
days 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. July 1, 2024 or sooner— Submit Special Event Permit Application and
B.
C.
required supporting documentation.
July 15, 2024 — Attend the Public Affairs Committee meeting
July, August, & September 2024 - 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
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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.
D. September 1, 2024 - 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
host area that will be affected by road closures,
change to traffic patterns, etc. 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.
E. November 1, 2024 -— 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 $8,500 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
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

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10.
11.
12.
13.
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 canceled by mutual written agreement of both Parties as a
result of extreme weather on the day of the Festival; in this instance, no
repayment to the City is required.
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

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Date:
Attest:
By:
Name: Valeria Perez
Title: Executive Office Manager
Date:
Attest:
Name:
Title: