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HomeMy WebLinkAbout08-139 Resolution No. 08-139 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH ROCK SOLID, LLC D/B/A PRAIRIE ROCK BREWING COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, 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 Rock Solid, LLC d/b/a Prairie Rock Brewing Company for a brew fest to be held June 13 and 14, 2008, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Special Event Co-Sponsorship Agreement THIS AGREEMENT made and entered into this —U�kday of May, 2008, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the "City") and Rock Solid LLC, d/b/a "Prairie Rock Brewing Company", an Illinois limited liability company(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 Brewfest to be held on June 13 and 14, 2008, to be conducted at Festival Park, 132 S. Grove, 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 City's 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 mutually 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 13 and 14, 2008. The Subject Special Event will be located at Festival Park and shall be conducted between the hours of 5:00 p.m. and 12:00 a.m. on June 13, and 5:00 p.m. and 12:00 a.m. on June 14, 2008. 3. Prairie Rock shall be responsible for obtaining, setting up, and removing fencing to surround the perimeter in which alcohol will be sold and contained. This fencing shall not be staked into the ground and must be approved by the City at least fourteen(14) days in advance. 4. Prairie Rock shall begin set-up on Friday, June 13 at 7:00 a.m. to insure time for proper set-up of stages, booths, etc. Prairie Rock shall complete clean-up by Sunday, June 15 at 12:00 a.m. (midnight). 5. Prairie Rock 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, 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". 5. The City shall waive the (100) one-hundred dollar rental fee of Festival Park. 6. Prairie Rock shall provide a (500) five-hundred dollar refundable deposit to the City for the use of Festival Park. The deposit shall be returned to Prairie Rock if there is no damage done to the property during the special event, all rules and regulations on the Festival 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. 7. The City shall provide police services at a cost not to exceed$3,496.50. Any costs which exceed $3,496.50 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 13 and Saturday, June 14, 2008. 8. The City shall provide land management services to maintain the bathrooms and venue at a cost no to exceed$1,620.00. 9. Prairie Rock shall provide additional rental lighting during the Subject Special Event at Prairie Rock's sole cost and liability, consisting of the following: 4 light towers to be placed strategically at Festival Park determined by the Elgin Police Department. 10. Prairie Rock shall provide private overnight security staff on Friday, June 13 and Saturday June 14 at Prairie Rock's sole cost and liability. Such security staff shall be of an amount and quality approved in writing by City's Chief of Police on or before Monday, June 9, 2008. In the event Prairie Rock fails to comply with the provisions of this paragraph, Prairie Rock shall be liable to City in the amount of all additional costs incurred by City to provide for such additional security as may be required in the sole discretion of City's Chief of Police. Payment for such additional costs shall be made within thirty (30) days of written demand of City. 11. In conjunction with the Subject Special Event permit application Prairie Rock shall submit to the City a 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 other such approved device so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. 11. The City shall provide one fire inspection by the Fire Marshall. Prairie Rock shall provide for the payment of one hundred percent(100%) of the cost determined by the City of the direct and reasonable costs incurred to provide fire inspection services for the Subject Special Event. Prairie Rock shall provide all payments provided for herein to City within thirty (30) days of written demand for payment by City. 12. The City shall provide paramedic and public works services if needed. Public works services include barricades and labor for street closures or additional post- event clean-up. Prairie Rock shall provided one hundred percent (100%) of the costs determined by the City of the direct and reasonable costs incurred to provide these services for the Subject Special Event. Prairie Rock shall provide all payments provided for herein to City within thirty (30) days of written demand for payment by City. 13. Prairie Rock 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 Event, at no additional cost to the City. 14. Prairie Rock shall provide the City with a final budget which includes an accounting of the revenues and the expenses associated with the Subject Special Event within sixty (60) days after the Subject Special Event. 15. 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. 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, attorney's 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. 16. 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. 17. In consideration of Prairie Rock being solely responsible for conducting and clean-up of the refuse generated by the Subject Special Event and for all costs associated with the subject special event as provided herein, Prairie Rock shall be entitled to retain any income received from the Subject Special Event. 18. Prairie Rock shall be solely responsible for any costs to repair any damage done to Festival Park due to the Subject Special Event. Prairie Rock shall provide all payments provided for herein to City within thirty (30) days of written demand for payment by City. 19. 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. Prairie Rock shall also include the City and City logo as a co-sponsor of the Subject Special Event in all advertisements. 20. Prairie Rock shall be solely responsible for notifying Grand Victoria Casino and town home 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. 21. Prairie Rock at its sole cost shall apply for and obtain a Class I liquor license. The City's 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 14 and Sunday, June 15, 2008. 22. 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 13 and Saturday, June 14, 2008. 23. 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. 24. This Agreement shall not be deemed or construed to create any employment,joint venture,partnership or other agency relationship between the parties hereto. 25. 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. 26. 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. 27. 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. 28. Notwithstanding any other provision of this agreement it is expressly agreed and understood that in connection with the performance of this agreement that Prairie Rock shall comply 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, Prairie Rock hereby certifies, represents and warrants to the City that all Prairie Rock's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legal residents of the United States. Prairie Rock 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 Prairie Rock to determine Prairie Rock's compliance with the provisions of this section. In the event the City proceeds with such an audit Prairie Rock shall make available to the City Prairie Rock's relevant records at no cost to the City. 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 B Ed Schock, Mayor It o e a729n s Na nagee' 1 Attest: Attest: City Clerk