16-93 ,1 .
Resolution No. 16-93
RESOLUTION
AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
WITH ELGIN RIVERBOAT RESORT-RIVERBOAT CASINO D/B/A
GRAND VICTORIA CASINO TO CO-SPONSOR A 2016
FOURTH OF JULY CONCERT AND FIREWORKS CELEBRATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, 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 Elgin Riverboat Resort-Riverboat Casino d/b/a Grand Victoria Casino to co-sponsor a
2016 Fourth of July Concert and Fireworks Celebration to be held at Festival Park, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: June 22, 2016
Adopted: June 22, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SPECIAL EVENT CO-SPONSORSHIP AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of June , 2016, by
and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as the
"City") and Elgin Riverboat Resort — Riverboat Casino d/b/a 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 4,
2016 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 Elgin 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 4, 29
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 4, 2016.
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 ($100) one-hundred 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 Monday, July 4, 2016.
10. GVC shall obtain, set up and remove fencing to surround the perimeter of the Subject
Special Event at the Park to segregate the area 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 29, 2016 to
insure time for proper set-up of stages, booths, etc. and shall complete clean-up by
Wednesday, July 6 at 5:00 p.m.
rr 2. GVC is responsible for concert ticket sales, advertising and promotion of the event. - ---
v .I� _en .- .. _ _ lv sublic• isviewinI g I of the_-fi.rewor.k_s- -display._ - o t e
1' a There will be no charge for
p
r
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 GVC'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.
18. 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 Event, 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 as
4
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 location 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. GVC 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 by 10:00 p.m. on Monday,
July 4, 2016.
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 by 11:00 p.m. on Monday, July 4, 2016.
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
with all applicable federal, state, city and other requirements of law, including, but not
limited to, any applicable requirements regarding prevailing wages, minimum wage,
5
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 e-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.
SIGNATURE PAGE FOLLOWS
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first written above.
7/6
CITY OF ELGIN GRAND , I ORIA CASINO
40,
By By 0916q
David Kaptain, /7"ay/ Its
Attest: Attest:
4/6' Z16/1
City Clerk
7
Vm.t \ :i \ .
t : .,
'1,, ' l'‘'6:I- - ... ° 0
lt
go
art
illiV
*0 440c
14- isnGt ��S da
iii4ik ' ,
\o"...--'.. ,
. . ,-— 11011A ..
•
.....' 101,8 Illti•Ar° '''''---.. ' .7' ' ' ‘4
Standish St •
. , . „ ...,,.. 111,‘
o
1111111111a °Ail
' 1,--,. ..
` R� . ,fir I ;,14i a
• ^ rit
0 .:\
41
, Ems`• . • r' +� !•
•
----\\\\ t ,,. -„Y
R r'
1 i ill I I I 11111 71 I I I 11:1 liti. ->
% iiii,
INIPPOIO tr.
.ilitt 'I 00
Washburn St i 0 „Ir. :4.4,, „. . ,
..
:: . .., ,..., , tr
4 ;�'"
0. .• . .
i, Fireworks Launch Map 4 0
ELGIN 350 Ft. Radius
'"•w 1•• L Map prepared by City of Elam
Department of Community Development June 1015 r, ,00