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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: Ht. ©,
Western DuPage Chamber of Commerce
2025 West Chicago Railroad Days Agreement FILE NUMBER:
COMMITTEE AGENDA DATE: December 16, 2024
Resolution No. 24-R-0084
COUNCIL AGENDA DATE: December 16, 2024
STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael
Guttman SIGNATURE.
ITEM SUMMARY:
The attached Agreement and Resolution have been prepared based on discussion with the Western DuPage
Chamber of Commerce for Railroad Days 2025.
(1) The Western DuPage Chamber of Commerce continues to plan and manage Railroad Days and will
receive the same funding as 2024. The City funding level is $50,000 and an additional up to $42,000
will be provided for the fireworks display. The agreement contains the same specific reporting
requirements as in the past.
(2) The Western DuPage Chamber of Commerce will secure a carnival for the weekend of June 26 to June
29.
ACTIONS PROPOSED:
Consideration of Resolution No. 24-R-0084 regarding the 2025 Railroad Days Agreement.
COMMITTEE RECOMMENDATION:
This item is being presented to the Public Affairs Committee for consideration prior to the City Council
meeting.

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RESOLUTION NO. 24-R-0084
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A
FUNDING AGREEMENT WITH THE WESTERN DUPAGE CHAMBER OF
COMMERCE TO SUPPORT THE 2025 RAILROAD DAYS FESTIVAL
BEIT 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 2025 Railroad Days Festival between the City of West Chicago and the
Western DuPage Chamber of Commerce, attached hereto, and incorporated herein as
Exhibit “A”.
APPROVED this day of December 2024.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Executive Office Manager Valeria Perez

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Exhibit A
Funding Agreement for Railroad Days for 2025
THIS AGREEMENT is made and entered into on the , by and
between the Western DuPage Chamber of Commerce (hereinafter referred to as
“Chamber’) and 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 Chamber and the City hereby agree
that the Chamber is an independent entity with respect to the City and agrees to
perform all services to create, plan, develop and execute the Railroad Days
Festival (hereinafter referred to as “Festival”) scheduled as follows:
June 26 - 29, 2025
at Pioneer Park, 479 W. Forest Avenue, or another mutually agreeable location,
and that the City will provide a designated amount of financial support for such
Festival. The Festival will include a four-day carnival, and may include the
following: musical acts, a fireworks display, a beer garden, with the necessary
infrastructure and marketing to support such. The City will provide the following
amount for Festival components:
$ 50,000.00
The City will cover the costs up to $42,000 for the Firework display.
The City shall be responsible for no additional cash contributions beyond that
which is stated herein.
The Chamber may, at its sole discretion and as detailed in its Special Event
Assessment Form (described below) schedule additional entertainment and/or
attractions and use the City-funded infrastructure, so long as any additional, non-
negligible costs associated with such are funded from private sources, such as
sponsorships or donations. The Chamber 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. In
consideration for funding received by the Chamber from the City as primary
financial contributor, the City’s expectations associated with the Festival are
more fully described in the addendum that is attached hereto and made apart
hereof as Exhibit “B”

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The services which the Chamber will perform include, but are not limited to,
planning, organizing and supervising the Festival, making arrangement for the
Festival site, negotiation of contracts with responsible independent contractors or
vendors, applying for all permits and licenses, and complying with all insurance
requirements. One supervisor of the Chamber shall attend and supervise the entire
Festival. The Chamber agrees to pay or have paid all contractual obligations
associated with the Festival, and to obtain all required licenses and deposits;
copies of all invoices, receipts and checks to vendors shall be provided prior to
the City making the payment as detailed in Section 4(A)(4) below. At all times,
the Chamber will comply with all City Codes and Ordinances and Special Event
Policy that are in effect. However, 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 Chamber shall be obligated to comply. The Chamber
shall not open any portion of the Festival until the respective permits are obtained
and approvals are granted and all insurance requirements are satisfied.
The City’s responsibilities stated below are limited to the following:
A. Providing financial support as detailed above paid in installments, to be
used to help cover the cost of activities and the Chamber’s role in
producing the Festival for community-wide benefit. Funds will be released
so long as the submittal requirements have been met as per Sections 6 and
7 of this Agreement.
Ly The City agrees to pay the Chamber (or its designee, as specified
in writing) 50% by the end of the week following the second City
Council meeting in March as seed money for contractual
obligations directly related to the Festival.
2. The City agrees to pay the Chamber (or its designee, as specified
in writing) 25% for contractual obligations directly related to the
Festival by the end of the week following the first City Council
meeting in May.
3. The City agrees to pay the Chamber (or its designee as specified in
writing) 10% for contractual obligations directly related to the
Festival by the end of the week following the second City Council
meeting in June.
4. The City agrees to pay the Chamber (or its designee, as specified
in writing) the final 15% in consideration of all contractual
requirements being met, and after the Chamber has provided to the
City copies of all invoices, receipts and checks to vendors for
expense receipts no less than the amounts designated for each year
in Section 2 above, together with its final written report including a
summary financial report, has had all final paperwork

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accepted by the Public Affairs Committee, and has made its final
appearance at the first available Public Affairs Committee meeting
after the Festival.
Funds for the firework display will be provided after a signed
contract is submitted to City Staff. A deposit can be provided first
and then final payment near event date.
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 Chamber
will be paid within thirty (30) days of the City receiving a
complete and satisfactory submittal.
No additional funds shall be provided to the Chamber beyond
those specifically detailed in this Agreement, except that the City
of West Chicago shall maintain a membership with the Chamber at
the Platinum level for the year 2025.
B. Providing the following in-kind services with approval of the City
Administrator:
1.
2.
The Public Works Department will provide barricades and ensure
water hook-up.
The Police Department will provide security during hours of
operation of the Festival and for one hour before and after the
approved hours of operation.
The Community Development Department will provide inspectors
for inspection of all carnival type rides and vendors and for
inspection of the general layout of site.
The City will waive associated application and permit fees.
The City will work with Groot Industries to provide a garbage
dumpster.
The City will provide traffic management on all public streets.
The Chamber shall be responsible for turf restoration to the
satisfaction of the Park District, or other owner, as applicable for a
different Festival location. The City shall no longer be responsible
for turf restoration after the Festival.
The Chamber has no stated management fee, but reserves the right to plan and
manage the event and enjoy the exclusive benefit of any profit resulting from
such.
The Chamber shall communicate progress and compliance with the terms of this
Agreement at the request of the City. The final post-Festival report shall include a
recap of the Festival and detail the successes and challenges, and accounting of
expenses of not less than the amounts designated for each year in Section 2 above
related to the Festival accompanied by copies of invoices, receipts and checks to
vendors.

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7.
10.
The Chamber shall comply with the following submittal deadlines and all other
submittal dates as indicated on the Special Event Permit Application.
° March 28" — Submit Special Event Permit Application (including, if
applicable, location and times of street closures), Fireworks Application,
Carnival Application and associated documentation, if applicable,
including Certificates of Insurance from the Western DuPage Chamber of
Commerce and those specific to the Fireworks and Carnival.
e April — Attend an Application Review meeting to be scheduled by the
City, and at least two coordination meetings (approximately May and June)
in preparation for the event.
e May — Submit marketing information to City Marketing Manager
e June 5" - Submit written confirmation of scheduled inspections from
Community Development Department, West Chicago Fire Protection
District and the DuPage County Health Department. Written confirmation
shall be provided that all carnival workers have had their required
background checks by this date.
e June 5" - Secure the site and obtain all required approvals for a
compliant fireworks display, if applicable.
If either party elects to cancel this agreement, than such shall be done via written
notification to the other party no later than 30 days after the excution of the
Agreement.
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 Chamber agrees to maintain, at its expense, workers’ compensation
insurance, and to fully protect its employees from any and all claims filed under
the Workers’ Compensation or similar statutes of this State. Such insurance shall
be maintained in those amounts required by statute. The Chamber agrees to
maintain, at its own expense, general liability insurance in amounts not less than
$5,000,000 aggregate and shall name the City, the West Chicago Park District, the
West Chicago Fire Protection District, and their respective officials, agents,
employees and volunteers all as additional insureds under the policy. The
- Chamber’s insurance coverage shall be primary as respects the City, the West
Chicago Park District, the West Chicago Fire Protection District, and their
respective officials, agents, employees and volunteers. Any insurance or self-
insurance maintained by the City, the West Chicago Park District, the West
Chicago Fire Protection District, and their respective officials, employees, agents

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11.
and volunteers shall be excess of the Chamber’s insurance and shall not contribute
with it. The Chamber shall ensure that the City receives original certificates of
insurance and endorsements evidencing the existence of such coverage by the end
of March each year, which shall be continued during any periods in which this
Agreement is in force.
The Chamber hereby agrees to indemnify and hold harmless the City of West
Chicago and the West Chicago Park District and their 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 of the Chamber, 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 Chamber is responsible for obtaining, verifying and retaining all vendor and
participant Certificates of Insurance and Waivers.
The Chamber 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.
Furthermore, the Chamber agrees to secure by means of contract/agreement with
vendors for fireworks and carnival to provide additional insurance coverage as
primary as respects the City, West Chicago Park District and the West Chicago
Fire Protection District and their respective officials, agents, employees and
volunteers. Any insurance or self-insurance maintained by the City, the West
Chicago Park District, and the West Chicago Fire Protection District and their
respective officials, employees, agents and volunteers shall be excess of the
vendor’s insurance and shall not contribute with it. The Chamber is responsible
for ensuring that all insurance requirements are met.
The Chamber hereby grants the City permission to talk directly with its insurance
company to ensure that the Certificate of Insurance and the Endorsements comply
with the terms of this Agreement and the City Code. The Chamber shall also
secure the written authorization of the companies conducting the Fireworks and
the Carnival to allow the City permission to talk directly with their respective
insurance companies to ensure that the Certificate of Insurance and the
Endorsements comply with the terms of this Agreement and the City Code.
Neither this agreement nor any interest herein, or claim hereunder, shall be
assigned or transferred by either the City or the Chamber.

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CITY OF WEST CHICAGO
By:
Ruben Pineda
Mayor
Date:
Attest:
By:
Valeria Perez
Executive Office Manager
WESTERN DUPAGE
CHAMBER OF COMMERCE
By:
Name:
Title:
Date:
Attest:
Name:
Title:

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Exhibit “B”
Railroad Days Requirements
Festival
The Festival, known as Railroad Days, shall be held at Pioneer Park, 479 W. Forest
Avenue on the following dates:
June 26 - 29, 2025
There shall be no entrance fee for the Festival.
The Festival shall, at a minimum, include a four-day carnival and may include the following:
entertainment on a main stage, and a beer garden.
General Requirements
¢ The City of West Chicago shall be recognized as the primary sponsor of the Festival.
¢ A first aid tent, including tables and chairs, manned by qualified personnel, shall be
provided.
¢ A Chamber representative shall be on-site during all Festival hours of operation.
¢ The Chamber shall provide portable restrooms for the Festival and ensure that
the grounds are maintained throughout the Festival and upon its conclusion.
¢ The Chamber shall provide all required permits, licenses, insurance certificates and
approvals according to the schedule set forth in the Agreement.
Entertainment
¢ All proposed featured or headline entertainment shall be provided on a main stage,
with other entertainment to be located as deemed appropriate by the Chamber.
¢ Anemcee will be provided for the main stage.
¢ The Chamber will negotiate contracts, fulfill rider requirements and make other
necessary arrangements to provide entertainment during the Festival.
¢ The Chamber shall be solely responsible for determining how it wishes to comply
with any licensing agreements and associated fees related to the replaying of non--
original music.
Beer Garden
The Chamber may provide for beer sales during the Festival. If beer sales are provided,
then beer garden hours of operation shall be as follows, with modifications by the
Chamber as determined necessary, but with hours to be extended no later than 11:00 p.m.
on any date. Furthermore, ticket sales shall end one hour prior to closing and service shall

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end % hour before closing:
¢ Thursday: 5:00 p.m. to 10:00 p.m. (if the Chamber so chooses)
¢ Friday: 5:00 p.m. to 11:00 p.m.
¢ Saturday: 5:00 p.m. to 11:00 p.m.
¢ Sunday: 3:00 p.m. to 10:00 p.m. (if the Chamber so chooses)
Carnival
A carnival shall be provided during the Festival. The Chamber shall ensure that applicable
laws and regulations that are in effect at the date of contract signing (other than those
mandated by a higher level of government) are met including, but not limited to, all
background checks, required inspections and insurance requirements by the dates stipulated
in the Agreement. Carnival hours of operation shall be as follows, although ticket sales shall
end one-half hour prior to closing:
e Thursday: 5:00 p.m. to 10:00 p.m.
e Friday: 5:00p.m.to 11:00 p.m.
e Saturday: 12:00 p.m. to 11:00 p.m.
e Sunday: 3:00 p.m.to 10:00 p.m.
Fireworks
A fireworks display, if to be held as part of the Festival, shall take place on Saturday
evening at dusk. The Chamber shall provide proof of a fireworks permit and ensure that all
insurance requirements have been met by the date stipulated in the Agreement.
Marketing
Please submit a Marketing Plan to the City Special Events Coordination by first meeting
coordination date. The Chamber shall provide marketing for the Festival including but
not limited to the following:
° Press releases.
¢ Posters distributed to local businesses and the City of West Chicago.
¢ Signage along major entrances into the City of West Chicago.
° Create a Facebook Event for Railroad Days, at least 1 month prior
to event date, to include event details (entertainment, fireworks,
activites, etc)
¢ Runa "boosted ad" for the Facebook Event page to start at least
one month prior to event date with a spending of at least $500 of
sponsorship money that targets a 10-15 mile radius from West
Chicago.
¢ Update website, Facebook event, etc with entertainment schedule,
hours of event, etc.