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HomeMy WebLinkAbout04-222 Resolution No. 04-222 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH JOSEPH MUKITE, D/B/A BENCH AMERICA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Joseph Mukite, d/b/a BenchAmerica for the BenchAmerica Worlds Event on October 7-10, 2004, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 11,2004 Adopted: August 11, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is hereby made and entered into this 4T"' day of Avvi`rr , 2004, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), and Joseph Mukite, a sole proprietor doing business as "BenchAmerica" (hereinafter referred to as the "BenchAmerica"). WHEREAS, BenchAmerica desires to operate and present an event commonly known as the "BenchAmerica Worlds Event" featuring amateur bench press, chin-up, push-up and sit-up contests as well as an arm wrestling championship; and WHEREAS, City has determined that the BenchAmerica Worlds Event will attract additional interest in City and will assist in promoting further development of City, and will otherwise be in the City's best interests; and WHEREAS,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,promoting further interest in City and its redevelopment pertains to the government and affairs of City. NOW,THEREFORE,for an in consideration of the mutual promises and covenants contained herein,and for other good and valuable consideration,the sufficiency of which is hereby acknowledged by all parties hereto, the parties hereto hereby agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2.BenchAmerica shall host the BenchAmerica Worlds Event on October 7, 8,9 and 10, 2004. The BenchAmerica Worlds Event shall begin with a press conference at The Centre of Elgin on October 7, 2004. On October 8, 2004, a golf tournament shall be conducted in conjunction with the BenchAmerica Worlds Event at the Highlands of Elgin golf course. On October 9, 2004, the BenchAmerica Worlds Event will hold an outdoor event at the City of Elgin Civic Center Plaza consisting of amateur bench press, chin-up, push-up and sit-up contests as well as an arm wrestling championship.The BenchAmerica Worlds Event shall condude on October 10,2004 with a brench press championship at the Hemmens Auditorium. 3.BenchAmerica shall be strictly liable for the acts of their volunteers, officers and employees, and 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 or liability arising out of or in any way connected with the BenchAmerica Worlds Event or any acts or omissions of BenchAmerica, their agents, volunteers or employees. Nothing herein shall diminish or obviate BenchAmerica's duty to defend, hold harmless and indemnify 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 City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 4. BenchAmerica shall provide, without cost to City, general liability insurance naming the City has a primary,non-contributory co-insured with limits of not less than one million dollars ($1,000,000.00) combined single limit per occurrence covering general liability,induding personal injury and property damage with a general aggregate limit of not less than two million dollars ($2,000,000.00). Such insurance shall apply primary PPY as P arY insurance with respect to any other insurance or self-insurance programs afforded to City. There shall be no endorsement or modification of such insurance to make it excess over 2 other available insurance;alternatively,if the insurance states that it is excess or prorata,it shall be endorsed to be primary with respect to the City. 5. BenchAmerica shall be entitled to retain any income received from the BenchAmerica Worlds Event. 6.BenchAmerica shall submit to City's chief of police a security plan.Such security plan or any changes thereto shall be submitted to City's chief of police in writing on or before September 15,2004. Such security plan shall be approved by City's chief of police in writing in his sole discretion.Such security plan shall include a system of badges, plastic bracelets or other approved means so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. 7. City shall provide for the payment of costs as determined by City for the direct and reasonable costs incurred to provide police services for the BenchAmerica Worlds Event;provided, however, that the total cost contributed by City for such police services shall not exceed two thousand dollars ($2000.00). The number of police officers and the duration of any police details for the BenchAmerica Worlds Event shall be determined by City's chief of police. 8.BenchAmerica shall, at its sole cost, apply for and obtain a Class I liquor license. BenchAmerica shall be the vendor under such Class I license and shall conduct and be responsible for all liquor sales during the BenchAmerica Worlds Event.Benchamerica shall provide,at its sole cost,dram shop insurance naming the City as co-insured with limits of not less than one million dollars ($1,000,000) with proof of such insurance stating that it shall not be terminated or suspended without at least thirty(30) days prior written notice to City.All alcohol sales shall be conducted on October 9,2004 between the hours of 11:00 a.m. and 11:00 p.m. 3 9. BenchAmerica shall at its sole cost apply for and obtain all necessary permits, including but not limited to amplifier permits, for any entertainment to be conducted in conjunction with the BenchAmerica Worlds Event. The BenchAmerica Worlds Event shall, in all respects,including but not limited to any entertainment and use of amplifiers,be in compliance with all applicable laws and regulations. Any entertainment or use of amplifiers shall take place on October 9,2004 and shall conclude not later than 11:30 p.m. on that date. 10. City shall provide four (4) portable toilets, one (1) disability accessible portable toilet and one(1)portable hand washing station at a cost not to exceed five hundred dollars ($500.00)and access to the existing electrical power supply at the City of Elgin Civic Center Plaza.Any electricity requirements in excess of those in existence at the City of Elgin Civic Center Plaza shall be provided and paid for soley by BenchAmerica.BenchAmerica shall be solely responsible for providing all necessary litter control, litter clean-up and trash facilities relating to the BenchAmerica Worlds Event. 11.This agreement shall not be deemed or construed to create an employment,joint venture, partnership or other agency relationship between the parties hereto. 12. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 13.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. 14. This agreement is the sole agreement between the parties hereto regarding the BenchAmerica Worlds Event. There are no other agreements, either implied or verbal, 4 between the parties hereto regarding the BenchAmerica Worlds Event. This agreement shall not be modified or amended without the written agreement of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. BENCHAMERICA, INC. CITY OF ELGIN By. By: -t714 '�-- City Manager Attest: Attest: r-1)41- ,-/V City Clerk 5 °FFi.c,. •• Agenda Item No. City of Elgin li[D4E�' July 23, 2004 . N TO: Mayor and Members of the City Council R CC FIL:AT ONAL LCIJUflE ANU C.ULTLNAL OP PCJKOLN I TM, V.**All C1'l'IZ fnNls FROM: David M. Dorgan, City Manager I1 Meredith A. Marth, Interim Public Information Officer SUBJECT: Special Event Co-Sponsorship Agreement with BenchAmerica PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information regarding a co-sponsorship agreement with BenchAmerica. RECOMMENDATION It is recommended that the City Council approve the agreement with BenchAmerica to co- sponsor the BenchAmerica Worlds Event scheduled for October 7-10, 2004 for a not-to-exceed amount of$2,500 in operational support. BACKGROUND Representatives from BenchAmerica have submitted a City of Elgin Special Event Application to hold the Worlds Event on October 7— 10, 2004. The event will take place at several different City locations over the course of the four days. The event kicks off the weekend with a press conference at The Centre of Elgin on Thursday, October 7. Friday, October 8, BenchAmerica is working with City Staff at The Highlands of Elgin to host a golf tournament followed by cocktails and dinner at a to-be-determined, downtown Elgin location. Saturday, October 9, BenchAmerica will hold an outdoor event on Civic Center Plaza featuring amateur bench press, chin up, push up and sit up contests and the world arm wrestling championship. The event will also feature vendor booths and main stage entertainment. The event closes on Sunday, October 10, with The BenchAmerica Worlds—bench press championships at The Hemmens anticipating 1,000 participants and spectators. BenchAmerica held a one day main event, similar to what will be held at The Hemmens, this past May at the Odium in Villa Park. The event only showcased the main event and did not include an outdoor component, or golf outing that they are adding for this year's event in Elgin. BenchAmerica is asking for the co-sponsorship agreement to assist with Police detail,port-a-lets, and electricity as it exists on Civic Center Plaza for the Saturday, October 9, outdoor event. BenchAmerica will work with The Centre, The Hemmens and The Highlands Staff to coordinate rental agreements for the other aspects of the weekend's events. Special Event Co-Sponsorship Agreement with BenchAmerica July 23,2004 Page 2 Attached is the proposed agreement which is acceptable to BenchAmerica. The main items of the agreement are as follows: 1. BenchAmerica shall provide, without cost to the City, general liability insurance naming the City as a primary, non-contributory co-insured with limits of not less than $1,000,000 combined single limit per occurrence covering general liability, including personal injury and property damage with a general aggregate limit of not less than $2,000,000. 2. City shall provide for the payment of costs as determined by City for the direct and reasonable costs incurred to provide police services for BenchAmerica; provided, however, that the total cost contributed by City for such police services shall not exceed $2,000. The number of police officers and the duration of any police details for BenchAmerica shall be determined by City's Chief of Police. 3. BenchAmerica shall, at their sole cost, apply for and obtain a Class I liquor license. Alpha Omega and Zylstra shall be the vendors under such Class I liquor license which shall conduct and be responsible for all liquor sales pursuant to BenchAmerica. BenchAmerica shall also provide, at their sole cost, dram shop insurance naming the City as co-insured with limits of not less than $1,000,000 with proof of such insurance stating that it shall not be terminated or suspended without at least thirty (30) days prior written notice to City. All alcohol shall end at 11:00 p.m. on Saturday, October 9, 2004. 4. BenchAmerica shall submit to the City's Chief of Police a security plan. Such security plan or any changes thereto shall be submitted to the City's Chief of Police in writing on or before date. Such security plan shall be approved by City's Chief of Police in writing at his sole discretion. Such security plan shall include a system of badges, plastic bracelets or other approved means as to identify persons 21 years of age or older authorized to purchase and consume alcohol. 5. BenchAmerica shall, at their sole cost, apply for and obtain all necessary permits, including but not limited to amplifier permits, for any entertainment to be conducted in conjunction with BenchAmerica. BenchAmerica shall, in all respects, including but not limited to any entertainment and use of amplifiers, be in compliance with all applicable laws and regulations. Any entertainment or use of amplifiers shall end at 11:30 p.m. Saturday, October 9, 2004. 6. City shall provide all toilets and other sanitary facilities (4 regular port-a-lets, 1 handicap accessible port-o-let and 1 handwashing unit)at a cost not to exceed $500. 7. BenchAmerica shall be liable for all electrical power above and beyond what is immediately supplied off the Plaza, litter facilities, litter control, and clean-up. • Special Event Co-Sponsorship Agreement with BenchAmerica July 23, 2004 Page 3 Based on preliminary numbers provided by BenchAmerica for anticipated participants at this year's event, The Elgin Area Convention and Visitors Bureau has projected 1000 participants and 800 hotel room nights over the four (4) nights of the event. Based on the International Area Convention and Visitors Bureau standard calculations, projections show that each visitor will spend $200 a day, thus returning to the community in this event, approximately $800,000. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 91/A FINANCIAL IMPACT There are sufficient funds budgeted and available in the General Fund, Police Department, account number 010-2308-731.01-02 (overtime earnings) to pay for police personnel related expenses (not to exceed $2,000). The cost (not to exceed $500) of the port-o-lets will be charged to the General Fund, Special Projects, account number 010-6902-719.89-02 (Budget = $438,530; Available= $102,125), project number 030086. Based on the promoter's proposed schedule of events at The Hemmens, The Centre and The Highlands of Elgin additional revenues of$6,000 may be generated.. viv,p)/EGAL IMPACT None. ALTERNATIVES 1. Approve the agreement with BenchAmerica to co-sponsor the BenchAmerica Worlds scheduled for October 7 -10, 2004 for a not-to-exceed amount of$2,500 in operational support. 2. Do not approve the agreement with BenchAmerica to co-sponsor the BenchAmerica Worlds scheduled for October 7 -10, 2004 for a not-to-exceed amount of $2,500 in operational support. Respectfully submitted for Council consideration. MAM