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HomeMy WebLinkAbout17-0727 Fireworks SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT is made and entered into this ). -1 day of ,2017, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter /eferred to as the "City") and Elgin Riverboat Resort — Riverboat Casino dlbla Grand Victoria Casino, an Illinois joint venture (hereinafter referred to as"GVC"). WITNESSETH WHEREAS, GVC, located at 250 South Grove Avenue, Elgin, Kane County,Illinois,has proposed a special event consisting of a 4th of July Concert and Fireworks to be held on July I, 2017 to be conducted at the location commonly known as "Festival Park", 132 S. Grove, Elgin, Illinois (such special event is hereinafter referred to as the "Subject Special Event" and Festival Park is hereinafter referred to as the "Park");and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of special events between the City and certain organizations; and WHEREAS, GVC has requested that the City co-sponsor the Subject Special Event;and WHEREAS, the City has determined that the Subject Special Event will attract additional interest in the center city area and provide a 4th of July fireworks display for Flgin residents to enjoy; and WHEREAS, the City's City Council has further determined that it is in the best interests of the City to co-sponsor the Subject Special Event with GVC in accordance with the terms and conditions of this Co-sponsorship Agreement; and WHEREAS, the City is a home rule municipality as defined in Article VII Section 6a of the 1970 Constitution of the State of Illinois;and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs;and WHEREAS, the co-sponsorship of the Subject Special Event and promoting the further interest in providing 4th of July fireworks display pertains to the government and affairs of the City. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged,the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety as if fully recited hereby. 2. The City and GVC hereby agree to co-sponsor the Subject Special Event on July 1,2017. The Subject Special Event will be located at Park and shall be conducted between the hours of 4:00 p.m. and 11:00 p.m. on July 1,2017. 3. GVC or their agent shall apply for and obtain a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The City's City Manager shall provide all necessary signatures on the special event application to evidence the City's co- sponsorship of the Subject Special Event. Notwithstanding the City's co-sponsorship of the Subject Special Event, GVC shall be liable for conducting the Subject Special Event and for all costs associated with the Subject Special Event including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 4. The City shall waive the($250)two-hundred and fifty dollar rental fee of Park. 5. GVC shall provide a($500) five-hundred dollar refundable deposit to the City for the use of Park. The deposit shall be returned if there is no damage done to the Park during the special event, all rules and regulations on the Park agreement were followed, and all outstanding bills have been paid to the City regarding the special event within (60) sixty days after the special event. 6. All fireworks performed by GVC,either directly or indirectly through any subcontractor, shall be produced within the constraints of NFPA 1123 and the requirements of the Office of the State of Illinois State Fire Marshal. Additionally, the launch site and maximum size mortar shell and required clearances for the fireworks display contemplated by this agreement shall conform to the following parameters: The launch site: • National Street Bridge. The maximum size mortar shell and required clearances: • A minimum of 350 feet clearance in all directions as per NFPA 1123 Chapter 5 Display Site Selection. • A minimum of 700 feet secured site as per NFPA 1123 Chapter 5 Display Site Selection. • The maximum shell/mortar diameter size discharged for this site will be 5 inches which is consistent with the size requirements previously identified. The above-described launch site shall generally conform to the photograph attached hereto and made a part hereof as Attachment A. 2 7. GVC, or their agent, shall provide a public fireworks display of no less than 20 minutes in length during the Subject Special Event. The public fireworks display shall be commenced shortly after sunset. 8. GVC, or their agent, shall contract for the services of a fireworks provider licensed in the State of Illinois. Such fireworks provider shall provide all permits required by the State of Illinois and the Elgin Fire Chief. 9. In conjunction with the Subject Special Event permit application GVC, or their agent, shall submit to the City a written security plan to be approved by the City's Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the City's Chief of Police in writing five (5) business days before the event. Such security plan shall include a system of badges, plastic bracelets or such other system elements as may be approved in writing by the City's Chief of Police so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. The number of police officers and the duration of any special police detail for the Subject Special Event shall be determined by the City's Chief of Police, in the Chiefs sole discretion. Such security plan shall also include GVC providing at its sole cost additional private security staff as determined necessary by the Elgin Police Department at the Subject Special Event during the hours of 5 p.m.to 11p.m.on Saturday,July 1,2017. 10. GVC shall obtain, set up and remove fencing to surround the perimeter of the Subject Special Event at the Park to segregate the arca in which alcohol will be sold and contained. Such fencing shall not be staked into the ground and written approval of such fencing by the City at least fourteen (14) days in advance of the Subject Special Event shall be obtained by GVC. In the event such written approval is not so obtained, appropriate fencing shall be installed by the City in the City's sole discretion, and at the sole cost of GVC. 11. GVC, or their agent, shall begin set-up on no earlier than Wednesday, June 28, 2017 to insure time for proper set-up of stages, booths, etc, and shall complete clean-up by Monday,July 3 at 5:00 p.m. I2. GVC is responsible for concert ticket sales, advertising and promotion of the event, GVC, or their agent, will not be charging for general admission tickets to the concert. There will be no charge for public viewing of the fireworks display. 13. GVC is responsible for food and beverage services, including obtaining any food permits and inspections. 14. The City shall provide city services including Police, Fire, Public Works and Land Management at a cost not to exceed $30,000. Any costs which exceed $30,000 shall be paid solely by GVC. GVC shall provide all payments provided for herein to City within thirty (30) days of written demand for payment by City. Such estimated cost shall be determined in the sole discretion of the City. 3 15. The City shall provide staff from appropriate departments to assist in the planning of the event as may be responsibly required in the sole discretion of the City, 16. GVC shall provide additional lighting during the Subject Special Event at CiVC's sole cost as may be required by the City. 17. GVC, or their agent, shall provide staging and all other equipment related to the concert and fireworks event. I8. GVC, or their agent, shall provide hand-washing units, standard and handicapped port-o- lets,trash and recycling containers, a 30-yard dumpster, litter control and clean-up for the Subject Special Fvent, at no additional cost to the City. 19. GVC, or their agent, shall provide the City with a final wrap up report which shall include attendance numbers associated with the Subject Special Event within sixty (60) days after the Subject Special Event. 20. Pursuant to the provisions of Elgin Municipal Code Section 13.25.090, GVC shall be solely and strictly liable for the acts of its contractors, agents, volunteers, officers and employees. GVC 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, attorney's fees, damages or other relief arising out of or in any way connected with any acts or omissions of GVC, its contractors, agents, volunteers, officers or employees. Nothing herein shall diminish or obviate GVC's duty to defend the City. In the event of any action against the City or its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless 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. 21. GVC shall provide the City's Risk Manager with a certificate of general liability insurance naming the City as an additional-insured with limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage with a general aggregate limit of not less than Five Million Dollars ($5,000,000). Such certificate shall provide that the insurance shall not be terminated or renewed for any reason without thirty (30) days advance written notice to the City. City shall provide GVC with a certificate of general liability insurance naming the GVC as an additional insured with limits of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage with a general aggregate limit of not less than Five Million Dollars ($5,000,000). Such certificate shall provide that the insurance shall not be terminated or renewed for any reason without thirty(30)days advance written notice to the GVC. 22. In consideration of GVC being liable for conducting and clean-up of the refuse generated by the Subject Special Event and for all costs associated with the Subject Special Event 4 as provided herein, GVC shall be entitled to retain any income received from the Subject Special Event. 23. GVC shall be responsible for any costs to repair any damage done to the Park due to the Subject Special Event. GVC shall provide all payments provided for herein to City within thirty(30)days of written demand for payment by City. 24. GVC at its sole cost shall publicize the Iocation of all major parking areas in all of its advertisements, flyers and posters regarding the Subject Special Event. GVC shall also include the City and City logo as a co-sponsor of the Subject Special Event in all advertisements. 25. UVC shall be solely responsible for notifying area residents and business owners that may be directly affected by the lack of parking due to the Subject Special Event at least fourteen (14) days in advance. A copy of this notification shall be submitted to the City as proof of notification. 26. GVC may conduct alcohol sales in conjunction with the Subject Special Event pursuant to GVC's Class N liquor license. GVC shall also provide, without cost to the City, the dram shop insurance required pursuant to Elgin Municipal Code Section 13.25.080 naming the City as an additional insured with limits of not less that$1,000,000 with such proof of insurance stating that it shall not be terminated or suspended without at least thirty (30)days prior written notice to the City. All alcohol sales shall end at 10:30 p.m. on Saturday,July 1,2017. 27. GVC and fireworks provider at their sole cost shall apply for and obtain all necessary permits. Any entertainment and use of amplifiers shall be in compliance with all applicable laws and regulations, and shall end at 11:00 p.m. on Saturday,July 1,2017. 28. Nothing contained in this Agreement shall be construed to relieve GVC, its officers, agents or employees, as well as any other participants in the Subject Special Event from complying with all applicable laws and regulations of the City, State and the United States, including but not limited to obtaining any other permits or approvals as required by law. 29. This Agreement shall not be deemed or construed to create any employment, joint venture,partnership or other agency relationship between the parties hereto. 30. 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. 31. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, GVC shall comply 5 with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, GVC hereby certifies, represents and warrants to the City that all of GVC's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. GVC shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of GVC to determine GVC's compliance with the provisions of this section. In the event the City proceeds with such an audit, GVC shall make available to the City GVC's relevant records at no cost to the City. GVC shall pay any and all costs associated with any such audit. 32. Notwithstanding anything to the contrary provided by this agreement or by any implication or estoppel of whatsoever nature, the City shall in no event be liable to GVC for any monetary damages under any circumstances. 33. The terms of this agreement shall be severable. If any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 34. This agreement is the sole agreement between the parties hereto regarding Subject Special Event. There are no other agreements, either written, implied or verbal, between the parties hereto regarding the Subject Special Event. This agreement shall not be modified or amended without the written agreement between the parties hereto. 35. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or a-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN GRAND fi,4CTORIA CASINO t P‘'17 By By David Kaptain, . ayor Its Attest: Attest: City Clerk F:\Legal Dept\Agrcemet\Grand Victoria Casino CuSponsorship Agr-Fireworks-clean-4-2g-15-WAC.docx 7