Agreement to Indemnify and Provide Insurance Coverage for July 5 Fireworks and Donate $5,000 toward the Display

City Council Agenda Item Report FROM:

Ryan Cummins, City Manager

MEETING DATE:

March 5, 2025

SUBJECT:

Agreement to Indemnify and Provide Insurance Coverage for July 5 Fireworks Display and Donate $5,000 toward the Display

DESCRIPTION: The Saugatuck Douglas Area Convention & Visitors Bureau (CVB) is organizing an Independence Day fireworks display to take place Saturday, July 5. This year’s display is planned to be larger than last year and shot by the same vendor that did the Venetian Festival show. Similar to last year, the City is asking the CVB and fireworks provider, Great Lakes Fireworks, to sign an agreement to indemnify and provide insurance coverage. Additionally, the CVB is seeking a $5,000.00 donation from the City as a contribution towards the display. Donations from Douglas, Saugatuck Township, and Fennville are also being requested. The CVB advised the total amount for the fireworks is $15,000.00 and the barge is $4,000.00. The donation would be used to help offset some of these costs. BUDGET AMENDMENTS: A $4,000 donation was budgeted for this year. Sufficient dollars are available in the Council’s budget under the events/service line item. It is of note that the City also contributes in other ways, including paying for additional porta-potties, trash removal, reserve deputies, and DPW staff time. LEGAL REVIEW: Legal prepared the draft agreement language last year and will be at your meeting to answer any questions you may have. SAMPLE MOTION:

Motion to approve a $5,000 donation to the Saugatuck Douglas Area Convention & Visitors Bureau (CVB) for the July 5 fireworks displays and approve an Agreement to Indemnify and Provide Insurance Coverage for the event.

AGREEMENT TO INDEMNIFY AND PROVIDE INSURANCE COVERAGE This Agreement to Indemnify and Provide Insurance Coverage (“Agreement”) is made this___ day of ___________, 2025 by and between the City of Saugatuck (“Saugatuck”); the Saugatuck/Douglas Area Convention & Visitors Bureau (“CVB”), and Great Lakes Fireworks (GLF) (collectively, the “Parties”). RECITALS WHEREAS, CVB desires to contract with GLF to facilitate a fireworks display on the Kalamazoo River on July 5, 2025, (the “Event”); WHEREAS, Saugatuck desires to accommodate the Event by granting the necessary approvals and contributing towards the cost of the Event; WHEREAS, given the nature of fireworks displays, Saugatuck possesses an interest and an obligation to ensure that appropriate insurance coverage is provided for the Event and to ensure that Saugatuck will not be liable for any loss or damage caused by or attributable to CVB and GLF’s performance of the Event; WHEREAS, the Parties desire to enter into this Agreement to clarify how insurance coverage for the Event will be provided and to establish indemnification obligations for CVB and GLF. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: AGREEMENT 1. Cooperation: Saugatuck shall cooperate in good faith with CVB and GLF to review and process the necessary permissions and approvals for the Event.

2. Insurance Obligations: The Parties agree that the insurance for the Event will be provided as follows: a. GLF will provide $5,000,000.00 in liability insurance for the Event. GLF shall be the primary insured party under that policy and Saugatuck and CVB shall be named as additional insureds. GLF shall provide Saugatuck and CVB with a certificate of insurance evidencing the same no later than 10 days before the Event, and shall provide Saugatuck and CVB with a copy of such policy upon request. b. The CVB will provide $2,000,000.00 in liability insurance for the Event. CVB shall be the primary insured party under that policy and Saugatuck shall be named as additional insured. CVB shall provide Saugatuck with a certificate of insurance evidencing the same no later than 10 days before the Event, and shall provide Saugatuck a copy of such policy upon request. 3. Application of Insurance Coverage: In the event of any claim, demand, suit, loss, cost of expense or any damage which may be asserted, claimed or recovered against or from the Event by reason of any damage to property, personal injury or bodily injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of or is incident to or in any way connected with the performance of the Event, the Parties agree that insurance coverage will be provided first through GLF’s liability policy and then through CVB’s liability policy. 4. Indemnification: CVB and GLF agree to defend, indemnify, and hold harmless Saugatuck and their respective officials, agents, servants, and employees, from any claim, demand, suit, loss, cost of expense or any damage which may be asserted,

claimed or recovered against or from the Event by reason of any damage to property, personal injury or bodily injury, including death, sustained by any person whomsoever and which damage, injury or death arises out of or is incident to or in any way connected with the performance of the Event, and regardless of which claim, demand, damage, loss, cost, or expense is caused in whole or in part by the negligence of Saugatuck, or by third parties, or by the officials, agents, servants, employees, or factors of any of them. This obligation shall survive termination of this Agreement. 5. No Waiver: No provision of the Agreement is intended, nor shall any provision of this Agreement be construed, as a waiver by Saugatuck of any governmental immunity or any other defense that would be available under state or federal law. 6. Applicable Law: This Agreement shall be interpreted in accordance with the laws of the State of Michigan, and should any disputes, disagreements or legal actions result between the parties under this Agreement, then the law of Michigan shall apply. 7. Amendments: This Agreement may not be amended by the parties unless such amendment is in writing and signed by the parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. [Signature Page to Follow]

CITY OF SAUGATUCK By: _________________________ Its: __________________________

Dated: ________________________

By: __________________________ Its: __________________________

Dated: ________________________

SAUGATUCK/DOUGLAS AREA CONVENTION & VISITORS BUREAU By: __________________________ Its: __________________________

Dated: ________________________

GREAT LAKES FIREWORKS By: __________________________ Its: __________________________

Dated: ________________________