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HomeMy WebLinkAbout05-152 Resolution No. 05-152 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE PRAIRIE ROCK BREWING COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and. Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin with the Prairie Rock Brewing Company for a brew fest to be held June 17 and 18, 2005, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 11, 2005 Adopted: May 11, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this Itt-!+ day of Allp4 2005, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the "City") and PRAIRIE ROCK BREWING COMPANY, an Illinois corporation (hereinafter referred to as "Prairie Rock"), WITNESSETH WHEREAS,Prairie Rock operates the Prairie Rock Brewing Company located at 127 South Grove Avenue, Elgin, Kane County, Illinois; and WHEREAS,Prairie Rock has proposed a special event in the form of a brew fest for June 17 and 18, 2005, to be conducted on Prairie Street between South Grove Avenue and Wellington Avenue, Elgin, Illinois(hereinafter referred to-as the "Subject Special Event"); and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship of special events between the City and certain organizations; and WHEREAS,Prairie Rock 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 will assist in promoting further redevelopment of the center city area; 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 Prairie Rock 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 redevelopment of the City's center city area 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 acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The City and Prairie Rock hereby agree to co-sponsor the Subject Special Event on June 17 and 18, 2005. The Subject Special Event will be located on Prairie Street between South Grove Avenue and Wellington Avenue and shall be conducted between the hours of 5:00 p.m.and 12:00 a.m.on June 17,and 12:00 noon and 12:00 a.m.on June 18,2005. 3. Prairie Rock shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The 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 Citys co-sponsorship of the Subject Special Event, the parties hereto understand and agree that Prairie Rock shall be solely responsible 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. Prairie Rock, notwithstanding the City's co-sponsorship of the Subject Special Event, agrees that pursuant to this Agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, Prairie Rock shall be solely and strictly liable for the acts of its volunteers, officers and employees and Prairie Rock 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, attorneys fees, damages or other relief arising out of or in any way connected with the Subject Special Event or any acts or omissions of Prairie Rock,its agents,volunteers or employees. Nothing herein shall diminish or obviate Prairie Rock'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. 5. Prairie Rock shall provide, without cost to the City the insurance required pursuant to Elgin Municipal Code Section 13.25.070.Prairie Rock shall provide the City's Director of Parks and Recreation with a certificate of general liability insurance naming the City as a primary, non-contributory co-insured with limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage with a general aggregate limit of not less than Two Million Dollars ($2,000,000). 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. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of such insurance to make it excess over other available insurance; alternatively, if such insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 6. In consideration of Prairie Rock being solely responsible for conducting the Subject Special Event and for all costs associated with the subject special event as provided herein,the parties understand and agree that Prairie Rock shall be entitled to retain any income received from the Subject Special Event. 7. In conjunction with the Subject Special Event permit application Prairie Rock shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the Chief of Police in writing five(5)business days before the event. Such security plan shall include a system of badges,plastic bracelets or other such approved device so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. The parties hereto shall each provide for the payment of fifty percent (50%) of the cost as determined by the City of the direct and reasonable costs incurred by the City to provide additional police,public works and paramedic services for the Subject Special Event;provided,however,that the total cost contributed by the City shall not exceed $3,500. Any costs which exceed $7,000 shall be paid solely by Prairie Rock. Prairie Rock 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. The number of police officers and the duration of the special police detail for the special event shall be determined by the City's Chief of Police. Such security plan shall also include Prairie Rock providing at its sole cost between 8 and 15 additional private security staff at the Subject Special Event during the hours of 5:00 p.m.to 12:00 a.m.on Friday, June 17 and 3:00 p.m. to 12:00 a.m. on Saturday,June 18, 2005. 8. City shall be responsible for providing for the posting of all traffic signs and for the security personnel to direct traffic. Prairie Rock at its sole cost shall publicize the location of all major parking areas in all of its advertisements, flyers and posters regarding the Subject Special Event. 9. Prairie Rock at its sole cost shall apply for and obtain a Class I liquor license. The City Manager shall provide all necessary signatures on such liquor license application to evidence the City's co-sponsorship of the liquor license. Prairie Rock shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. Prairie Rock 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 a coinsured 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 must end at 12:00 a.m. on Saturday, June 18 and Sunday, June 19. 10. Prairie Rock at its 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 Friday, June 17 and Saturday, June 18. 11. Prairie Rock at its sole cost shall be responsible for providing all toilets and other sanitary facilities,necessary electrical power and litter facilities, litter control and clean-up. 12. Nothing contained in this Agreement shall be construed to relieve Prairie Rock, 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. 13. This Agreement shall not be deemed or construed to create any employment, joint venture,partnership or other agency relationship between the parties hereto. 14. 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. 15. 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. 16. This agreement is the sole agreement between the parties hereto regarding Subject Special Event. There are no other agreements, either implied or verbal, between the parties hereto regarding Subject Special Event. This agreement shall not be modified or amended without the written agreement between the parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN PRAIRIE ROCK BREWING COMPANY By � By Ed Schock, Mayor Its MGL6'XAtJA9 PCL .11 oo Attest: Attest: rN City Clerk Agenda Item No. City of Elgin April 22, 2005 TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANO CULTURAL OPPORTUNITIES F CIR All CITI>FNC FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Recr ation Director SUBJECT: Co-Sponsorship Agreement with Prairie Rock Brewing Company PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider a Co-Sponsorship Agreement with Prairie Rock Brewing Company for the eleventh annual Brew Fest to be held on Prairie Street. RECOMMENDATION It is recommended that the City Council approve the agreement with Prairie Rock Brewing Company to co-sponsor the eleventh annual Brew Fest on June 17 and 18, 2005, for a not-to- exceed amount of$3,500 in operational support. BACKGROUND Staff and representatives from Prairie Rock have discussed issues relating to an event planned for June 17 and 18, 2005. Due to the success of last year's Brew Fest, Prairie Rock management has requested to hold this event again this year. The Brew Fest brings in over 15,000 people to the event which includes eleven microbreweries, performances by a variety of bands, and food provided by Prairie Rock Brewing Company. Attached is the proposed agreement which is acceptable to Prairie Rock. The following are the main elements of the agreement between the City and the Prairie Rock Brewery: 1. Prairie Rock and the City will share the costs to provide additional police for event security and traffic control. The costs will be shared 50150 with the total for the City not to exceed $3,500. Any additional security costs above the estimated $7,000 will be Prairie Rock's responsibility. 2. The City will be responsible for posting traffic signs and providing paramedic and public works services. These duties are done during regular hours so there are no additional, out-of-pocket expenses for the City. There will be no cost to produce signs, as the metal signs produced from the first Brew Fest will be reused. Co-Sponsorship Agreement with Prairie Rock Brewing Company April 22, 2005 Page 2 3. The City will be responsible for paramedic coverage and any medical emergencies that may arise during event hours. Paramedic personnel are on-duty so no direct expense is charged to Prairie Rock. 4. Prairie Rock will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $2,000,000 covering general liability, including personal injury and property damage. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Prairie Rock and Grand Victoria Casino representatives. FINANCIAL IMPACT The total cost of the Co-sponsorship Agreement with Prairie Rock Brewing Company is a not to exceed amount of$3,500 for Police services. This expense will be charged to the General Fund, Police Department Overtime Employee Earnings, account number 010-2308-731.01-02, project number 030112, where sufficient funds exist to pay for the personnel related overtime costs. EGAL IMPACT None ALTERNATIVES 1. Approve the agreement with Prairie Rock Brewing Company to co-sponsor the eleventh annual Brew Fest on June 17 and 18, 2005 for a not-to-exceed amount of $3,500 in operational support. 2. Do not approve the agreement with Prairie Rock Brewing Company to co-sponsor the eleventh annual Brew Fest on June 17 and 18, 2005 for a not-to-exceed amount of$3,500 in operational support. Respectfully submitted for Council consideration. JG Attachment