===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO PUBLIC AFFAIRS COMMITTEE AGENDA ITEM SUMMARY HUE.) VES} AGENDA ITEM NUMBER: __‘t-€. Resolution No. 25-R-0050 Funding Agreement Mexican Independence Day Festival 2025 Despertar Latino FILE NUMBER: COMMITTEE AGENDA DATE: July 21, 2025 COUNCIL AGENDA DATE: July 21, 2025 STAFF REVIEW: Kelley Chrisse, AICP, CEcD SIGNATURE als (Wire ITEM SUMMARY: Despertar Latino and City Staff seek approval of the attached 2025 Funding Agreement for the Mexican Independence Day (MID) Festival which is proposed to take place on September 14, 2025. As outlined in the Agreement, Despertar Latino 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 $8,500 to be paid in installments, in order to help cover the cost of Festival activities. Funds will be released so long as the submittal requirements have been met. The City will also equally match the amount of cash donations Despertar Latino raises in excess of $2,000, with the City’s matched contribution not to exceed $8,000. The City’s maximum total contribution to Despertar Latino shall not exceed $16,500. ACTIONS PROPOSED: Staff recommends approval of Resolution No. 25-R-0050 as proposed. COMMITTEE RECOMMENDATION: This item is being presented to the Public Affairs Committee for consideration prior to the City Council meeting. ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 25-R-0050 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A FUNDING AGREEMENT WITH DESPERTAR LATINO TO SUPPORT THE 2025 MEXICAN INDEPENDENCE DAY EVENT 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 Mexican Independence Day Festival between the City of West Chicago and Despertar Latino, in substantially the form attached hereto, and incorporated herein as Exhibit “A”. APPROVED this 21° day of July 2025. AYES: NAYES: ABSTAIN: ABSENT: Mayor ATTEST: Executive Office Manager ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] Funding Agreement for 202 i | nden This funding agreement (hereinafter referred to as "Agreement") is made and entered into on the 21st day of July 2025 by and between Despertar Latino (hereinafter referred to as "Organizer") and the City of West Chicago, (hereinafter referred to as "City"). In consideration of the covenants and agreements hereinafter contained, as well as other good and valuable considerations, the Organizer and the City hereby agree that the Organizer 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 14, 2025, (hereinafter referred to as "Festival") and that the City will provide a designated amount of financial support for such Festival. The Organizer 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 Organizer 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 section VI, 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 Organizer shall be obligated to comply. Use City-approved event branding, which includes, but is not limited to, the event name, and logo. 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 oun Ww N ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] 10. 11. obtain all required licenses and deposits. 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. 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 by Organizer staff or hired contractor. If the Organizer plans on using spray chalk to mark vendor spaces it must be City approved spray chalk. The Special Event Permit Application must include, but is not limited to: a written request for City services, food and general vendor applications, draft schedule of events, and a draft 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. 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. The Organizer 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 Organizer shall also promote the Festival through its organizational website and social media platforms. 1. The Organizer must create a Facebook Event for the event and add the City as a Co-host. The Facebook Event must be created at least 45 days prior to event date. The Organizer must run a “boosted ad” for the Facebook Event page to start at least one month prior to event date with a spending of at least $300 of sponsorship money that targets a 10-15 mile radius from West Chicago. The Organizer must post the vendor applications, and schedule of events on the website and social media 45 days prior to event date. Staff is to receive a copy of the vendor applications in the Special Event Permit Application. The Organizer will include the City’s logo and recognition as an event partner, primary contributor, and sponsor on all promotional materials, including but not limited to, the website, seasonal ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] brochures, social media advertisements, flyers, etc. Acknowledge City sponsorship and event partner on newly printed banners, signage, promotional materials, etc. C. 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. D. The Organizer shall provide adequate safety and security throughout the Festival duration. A fire lane must be maintained throughout the fest area. The Organizer shall ensure that all horses at the Festival shall be separated from the general public by means of barricades or a distance of at least 10 feet. E. The Organizer must create a plan for weather cancellations and/or pauses. This plan must be coordinated with City Staff. F. The Organizer 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 Organizer representative is not present at the meetings. G. The Organizer 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, and sponsorships must be included in the final report. These items shall be submitted with the Organizer’s final written report, which shall include a summary financial report as outlined in Section IV.E. Copies of the final report must be provided to Staff no later than November 1. 1. The Organizer shall seek the written pre-approval from the City’s Special Event Coordinator when making purchases outside of essential festival expenditures. The City 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. 3. Funding cannot be used for paying an “event planning fee.” H. The Organizer shall make its final appearance at the earliest available Public Affairs Committee meeting after the Festival, no later than the November 17, 2025 meeting, to present the final written report. The City can withhold final payment if an Organizer representative is not present at the meeting. If for any reason the November 17, 2025 meeting is canceled, the Organizer will appear at the following Public Affairs Committee meeting. II. 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 ===== PDF PAGE 63 ===== [Extraction: OCR (rendered-page OCR)] the Organizer’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 Organizer (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 August 4, 2025 City Council meeting. 2. The City agrees to pay the Organizer (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 September 2, 2025 City Council meeting. 3. The City agrees to pay the Organizer (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 Organizer 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 Organizer shall not exceed $16,500. 1. The Organizer shall submit a copy of acknowledgment of cash donations received to support the Festival. 2. The Organizer shall be paid the equivalent of the submitted receipt totals, once the $2,000 minimum has been received by the Organizer and then verified by the City. 3. The Organizer will be paid no later than 30 days of the City receiving a complete and satisfactory submittal. C. The City will help market the Festival by the following: 1. Highlighting the event on the City’s event page that will redirect to the event webpage created by the Organizer. 2. The City will share event content on the City’s official Facebook page. 3. The City will publish a post on the City’s website and feature it on at least two bi-weekly newsletters. 4. The City will add the event to the City calendar. 5. The City will promote the event on the City’s electronic message sign, to be posted at minimum the week leading up to the event. 6. The City will list the event on the DuPage County Convention & Visitors Bureau calendar of events. D. 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 Organizer will be paid within 30 days of the City receiving complete and satisfactory submittals. E. 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 4 ===== PDF PAGE 64 ===== [Extraction: OCR (rendered-page OCR)] Organizer, 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, should the Organizer purchase and want that to be installed. Public Works Department employees shall provide barricades at the Festival entrances. The Organizer 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 Organizer 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 Organizer must notify the Special Events Coordinator. The Organizer 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 Organizer is unable to complete the work in a manner deemed acceptable by City staff, the City will conduct the work and charge the Organizer 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 Organizer shall be present during the entire inspection. Business & Community Relations staff will assist the Organizer 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 Organizer. In order for City staff to provide marketing assistance, the Organizer shall submit event-specific marketing materials to the City at least 45 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 Organizer 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 vendors, and programming updates. Organizer will update the City as new vendors are added on a 5 ===== PDF PAGE 65 ===== [Extraction: OCR (rendered-page OCR)] IV. Vi. weekly basis following the tentative list submission. The Organizer shall communicate progress and compliance with the terms of this Agreement at the request of the City. The Organizer 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, 2025 or sooner— Submit Special Event Permit Application and required supporting documentation. July 21, 2025 — Attend the Public Affairs Committee meeting B. C. July, August, & September 2025 - The Organizer 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 Organizer prior to any cancellation shall be repaid in accordance with Section XIl of this Agreement. D. August 31, 2025 — Not less than 14 days prior to the Festival, the Organizer 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. At the Organizer’s request, the City will provide the Organizer with a current list of addresses located within these defined areas. The Organizer 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, 2025 — Submit final 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 III.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 Organizer agrees to maintain, at its expense: A. General liability insurance in amounts not less than $1,000,000 per occurrence and not less than $2,000,000 in aggregate and shall name the City of West Chicago and its respective officials, agents, employees and volunteers all as additional insureds under the policy using the language provided in the Special Event Permit Application. The Organizer's insurance ===== PDF PAGE 66 ===== [Extraction: OCR (rendered-page OCR)] VII. VIII. IX. Xl. Xl. XIll. 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 Organizer 's insurance and shall not contribute to it. The Organizer 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. B. 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 Organizer 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 Organizer, 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 Organizer is responsible for obtaining, verifying and retaining all vendor and participant Certificates of Insurance and waivers when applicable. The Organizer 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. The Organizer is responsible for ensuring that all insurance requirements are met, and all required documentation is provided to the City. If necessary, the Organizer 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 Organizer. Should the Organizer 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, ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] accidents, or any other similar circumstance, the City will notify the Organizer and immediately discontinue payments to the Organizer and the accounting procedure in Paragraph Section XII shall apply. CITY OF WEST CHICAGO DESPERTAR LATINO By: By: Name: Daniel Bovey Name: Rafael Vieyra Title: Mayor Title: President Date: Date: Attest: Attest: By: By: Name: Valeria Perez Name: Title: Executive Office Manager Title: