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HomeMy WebLinkAbout99-99 Resolution No. 99-99 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 in the form of a brew fest on June 18 and 19 , 1999 , a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 24 , 1999 Adopted: March 24 , 1999 Omnibus Vote: Yeas 5 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk SPECIAL EVENT COSPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this �? day of May, 1999, 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 Pest for June 18 and 19, 1999, 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 Ga 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 18 and 19, 1999 . 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 -2- �Zoo PM^ (:.:ao Aw• > 9;--ja m. on June 18, and 12 : 00 noon and and on June 19 , 1999 . 3 . The 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 courz. costs or reasonable attorney' s fees arising out of or in any :Jay connected with the subject special event or any acts or omissions of Prairie Rock, its agents, volunteers, officers or employees . Prairie Rock -3- shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13 . 25 . 070 naming the 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 . S . 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 spacial event , provided, however, Prairie Rock' s share of such costs shall not exceed -4- $3 , 500 . Prairie Rock shall provide such fifty percent (50°6) payment 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 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 I!i-r99- 12'av �'�"• p..m. on Friday, June 18 , and 3 : 00 p .m. to 12 : 00 a .m. on Saturday, June 19, 1999 . 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 -5- 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 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 . The 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. -6- 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 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above . CITY OF ELGIN PRAIRIE ROCK 3RE NG COMPANY BY By Kevin Kelly, Mayor Its - Attest : Attest : City Clerk -7- City of Elgin Agenda Item No. March 4 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, 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 Brewing Co. for a fourth Brew Fest . BACKGROUND Staff and representatives from Prairie Rock have discussed issues relating to a fourth event planned for June 18 and 19 . 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 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 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 and public works services . The costs associated with these services will be paid for by the City. Sign installation will be done during regular work hours . There will be no cost to produce signs, as the metal signs produced for the previous Brewfest will be reused. 3 . 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 property 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 . Special Event Co-Sponsorship Agreement with Prairie Rock March 4 , 1999 2 Below is the average cost for services provided per department for the Annual Prairie Rock Brewfest since 1996 . These costs are in-kind services provided for the event . Prairie Rock pays an equal amount for Police security not to exceed $3 , 500 . Police O.T. $3, 200 . 00 per year Fire O.T. $ 400 . 00 per year Public Works O.T. $1, 591 . 91 per year Total City Expense . The Parks and Recreation Department incurred staff costs of $350 . 00 in 1996 to help set up barricades and a first aid area. This service is no longer needed for the event . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Prairie Rock representatives, Grand Victoria Casino represen- tatives . Both of these groups concur with staff ' s recommenda- tions for this event . FINANCIAL IMPACT The cost of providing traffic control and security for the two days of the event are estimated to range between $6, 500 and $7, 000 , depending on regular or overtime status of assigned 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 number 010-2308-731 . 01-02, project number 50012 , to cover the anticipated expenditure of $3, 500 . �R� / LEGAL IMPACT V` �"V Prairie Rock, as a for-profit entity, cannot conduct the special event on public property without a co-sponsorship agreement from the City. ALTERNATIVES 1 . Co-Sponsorship Agreement of the event with the sharing of the costs as determined by the City Council . 2 . Co-Sponsorship Agreement of the event with Prairie Rock assuming 1000 of the event costs . 3 . Not agreeing to co-sponsor the event, thereby not allowing the event to proceed. Special Event Co-Sponsorship Agreement with Prairie Rock March 4 , 1999 3 RECOMMENDATION It is recommended the City Council authorize the execution of the attached agreement for Prairie Rock Brewing Co. to hold a fourth annual Brewfest co-sponsored by the City. Respectfully submitte , 49A.Varker City Manager jc/]s