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HomeMy WebLinkAbout97-126 Resolution No. 97-126 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COSPONSORSHIP AGREEMENT WITH THE PRAIRIE ROCK BREWING COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Cosponsorship Agreement on behalf of the City of Elgin with the Prairie Rock Brewing Company for a special event to be held on June 13, 14 and 15, 1997 on Prairie Street between South Grove Avenue and Wellington Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 14, 1997 Adopted: May 14 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT COSPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this '� �� day of May, 1997 , 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 13, 14 and 15, 1997 , to be conducted on Prairie Street between South Grove Avenue and Wellington Avenue (hereinafter referred to as the "subject special event" ) ; and WHEREAS, Elgin Municipal Code Section 13 . 25 . 020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies; and WHEREAS, Prairie Rock has requested that the City cosponsor 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 Council has further determined that it is in the best interests of the City to cosponsor the subject special event with Prairie Rock in accordance with the terms and conditions of this cosponsorship agreement; and WHEREAS, the City of Elgin 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 cosponsorship 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 of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 . That the City and Prairie Rock hereby agree to cosponsor the proposed Prairie Rock Brew Fest on June 13, 14 and 15, 1997 . 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 11 : 00 p.m. on June 13, 12 : 00 noon and 11 : 00 p.m. on June 14 and 12 : 00 noon and 8 : 00 p.m. on June 15, 1997 . 2 3 . That 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 cosponsorship of the subject special event . Notwithstanding the City' s cosponsorship 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" . Additionally, notwithstanding the City' s cosponsorship of the subject special event, Prairie Rock agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 . 25 . 090, that Prairie Rock shall be strictly liable for the acts of its agents, volunteers , officers and employees and that Prairie Rock to the fullest extent permitted by law shall indemnify and hold harmless the City, its officers, agents and employees from any claims, suits or liability whatsoever including, but not limited to, any court costs or reasonable attorney' s fees arising out of or in any way connected with the subject special event or any acts or omissions of Prairie Rock, its agents, volunteers, officers or employees . Prairie Rock shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13 . 25 . 070 naming the 3 City as a primary, non-contributory coinsured with limits of not less than $500, 000 per occurrence and excess coverage of not less than $5, 000,000 covering general liability including personal injury and property damage. 4 . That 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. 5 . That in conjunction with the special event permit application Prairie Rock shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgement 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 special event, provided, however, Prairie Rock' s share of such costs shall not exceed $3, 500 . Prairie Rock shall provide such fifty percent ( 50% ) payment to City within thirty ( 30) days of written demand for payment by City. Such estimated cost shall 4 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 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 6 : 30 p.m. to 11 : 00 p.m. on Friday, June 13, 3 : 00 p.m. to 11 : 00 p.m. on Saturday, June 14 and 1 : 00 p.m. to 7 : 00 p.m. on Sunday, June 15, 1997 . 6 . That the subject special event permit application shall also incorporate the recommendations for a traffic and parking management plan of Barton-Aschman in its report dated April 24 , 1996 . City of Elgin 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. 7 . That 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 cosponsorship 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 5 naming the City as a co-insured with limits of not less than $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. 8 . That Prairie Rock at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event. Any entertainment and use of amplifiers shall be in compliance with all applicable regulations . 9 . That 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. 10 . That 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. 11 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN PRAIRIE RO WING COMPANY By ZL ✓Z�714A By Kevin Kelly, May Its Attest: Attest: City Clerk c 7 . f • i Clty Ot E�gln Agenda Item No. April 18, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Special Event Co-sponsorship Agreement with Prairie Rock PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a co-sponsorship agreement with Prairie Rock for a third Brew Fest . BACKGROUND Staff and representatives from Prairie Rock have discussed issues relating to a third event planned for June 13, 14 and 15 . Due to the success of last year' s Brewfest, Prairie Rock management has requested to hold another event this June. Attached is the proposed agreement which is identical to last fall ' s "Rocktoberfest" , as requested by 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 pro- vide additional police for event security and traffic control . The costs will be shared 50/50 with the total for Prairie Rock not to exceed $3,500 . Any additional security costs above the estimated $7, 000 will be the City' s responsibility. 2 . The City will be responsible for posting traffic signs and providing paramedic availability. The paramedic service will be assigning an ambulance which is already in service to the event. Sign installation will be done during regular work hours . There will be no cost to produce signs, as the metal signs produced for the first Brewfest will be reused. Co-sponsorship Agreement with Prairie Rock April 18, 1997 Page 2 3 . As required in the Special Events ordinance (E.M.C. Sec . 13 . 25 . 070) , Prairie Rock will provide insurance, naming the City as a primary, non-contributing co-insured with excess coverage of not less than $5, 000, 000 covering general liability, including personal injury and proper- ty damage. Dram Shop insurance will be provided by Prairie Rock naming the City as an additional insured with limits of not less than $1,000,000 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Prairie Rock representatives New Century Partnership for Elgin Staff to contact the Grand Victoria Casino representatives to assist the Prairie Rock Brewery in coordinating their event . F I NANO I AL IMPACT The cost of providing traffic control and security for the three days of the event are estimated to range between $6, 000 and $7 , 000, depending on regular or overtime status of as- signed personnel . Prairie Rock and the City will share these costs 50/50 with the total for Prairie Rock not to exceed $3,500 . Sufficient funds exist in the Police Department budget account 010-2308-731 . 01-02, Project# 500012 to cover these expenditures . Other personnel costs (Fire, Public Works and Parks ) associated with the event will be covered within the individual departmental operating budgets . LEGAL IMPACT Prairie Rock, as a for-profit entity, cannot conduct the special event on public property without co-sponsorship from the City. ALTERNATIVES 1 . Co-sponsorship of the event with the sharing of the costs as determined by the City Council . 2 . Co-sponsorship of the event with Prairie Rock assuming 100% of the event costs . 3. Not agreeing to co-sponsor the event thereby not allow- ing the event to proceed. Co-sponsorship Agreement with Prairie Rock April 18, 1997 Page 3 RECOMMENDATION It is recommended the City Council authorize the execution of the attached agreement. Respectfully submitted, Monica Bates Director of Parks and Recreation cj"*Jtd� Charles A. Gruber Chief of Police --co - David L. Lawry, P.E Director of Public or s Deborah K. I Jer Director of New Century n rship for Elgin t Rob t 0. Malin Inte im City Manager 05-08.97 THU 14: 58 FAX 7 08 -168 7 661 G1'C EXEC OFFICES V f�J 002 ••.., o r .....aea - r uu oil 0144 LLGI.Y PARS,REC 19003 City of Elgin - Mayor Kevin Kelly Counci{ Members Terry Gavin Ragan Gilliam John 7 McKevin May 8, 1997 Ed Schnex Jehn Walters Marie Yoarman Mr. Jim Thomason General Manager Grand Victoria Casino 250 South Grove Ave. Elgin IL 60120 Dear Mr. Thomason: Thank you for meeting with the Elgin Parks and Recreation Department and the Prairie Rock Brewing Company on May 7, 1997 to discuss all logistics regarding Prairie Rock Brewfest, Your cooperation in finalizing the cosponsored event with Prairie Rock was appreciated- As agreed in our meeting, the Elgin Police Department wil -1 station three police officers throughout the scheduled event - 2 police officers to secure the casino parking garage and one police officer at the crosswalk_ Thank you for offering to have your security gtaff patrol the Butera parking lot, which Mr- Joseph Butera has approved- Thanks again for your time and cooperation. As a matter of record could you please sign the attached copy- Sincerely you IJaTavuentes;,, SpCoordinator Na e Title --Q ------- Date GRAIYDVIC -TOR/TEXTOBI-/SPECEVEN.TS 150 Dexter Court - Elgin, IL 60120-5555 - Phone 847/931-6100 - Fa: 847!931-5610 • TDD 847/931-5616 IS orint•d—recycled pip-