HomeMy WebLinkAbout08-107 •
Resolution No. 08-107
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
AROUND THE HORN ENTERPRISES LLC FOR RESTAURANT DESIGN SERVICES
FOR BOWES CREEK COUNTRY CLUB
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELG1N,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin with Around the Horn Enterprises,
LLC for restaurant design services in conjunction with the Bowes Creek Country Club, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 23, 2008
Adopted: April 23, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
THIS AGREEMENT is hereby made and entered into this S day of
A?Ft t , 2008, by and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred to as "City") and Around the Horn Enterprises, LLC., an Illinois limited
liability company (hereinafter referred to as "Consultant").
WHEREAS, the City is currently providing for the construction of a golf course and
related clubhouse/restaurant facility commonly known as the Bowes Creek Country Club (such
restaurant in the golf course club house being hereinafter referred to as the "Restaurant"); and
WHEREAS, Consultant provides restaurant design services; and
WHEREAS, the City desires to engage the Consultant to furnish certain professional
services in connection with the design and development of the Restaurant(hereinafter referred to
as "Project"); and
WHEREAS, the Consultant represents that it has the necessary expertise and experience
to furnish such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, it is hereby agreed by and between the City and the Consultant that
the City does hereby retain the Consultant for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby mutually acknowledged to
provide consulting matters involved in the Project, subject to the following terms and conditions
and stipulations, to-wit:
I. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Manager of
Golf Services/Professional of the City, hereinafter referred to as the "Manager".
B. Consultant shall provide the City the services for the Project as set forth in the
Scope of Services attached hereto as Exhibit A.
II. PROGRESS REPORTS
The Consultant will submit to the Manager monthly a Status Report. A brief narrative
will be provided identifying progress, findings and outstanding issues.
III. WORK PRODUCTS
All work products prepared by the Consultant pursuant hereto including, but not
limited to, drawings, reports, designs, calculations, work drawings, studies,
photographs, models and recommendations shall be the property of the City and shall
be delivered to the City upon request of the Manager; provided, however, that the
Consultant may retain copies of such work products for its records.
IV. PAYMENTS TO THE CONSULTANT
A. The City shall pay the Consultant for its services pursuant to this Agreement the
total amount not to exceed $75,000, regardless of the actual costs incurred by
the Consultant. Such total payment in the amount not to exceed $75,000 shall
be paid in installments to the Consultant as follows: $37,500 (50%) payable on
or before May 15, 2008; the remainder in the amount of$37,500 shall be paid
monthly at the rate of$3,750 per month for ten (10) months beginning on or
before June 15, 2008.
B. The total amount of$75,000 to be paid to Consultant is inclusive of all fees and
expenses of the Consultant and no additional monies shall be due or payable to
the Consultant for any costs or expenses incurred by the Consultant in the
performance of this Agreement.
V. INVOICES
The Consultant shall submit invoices in a format approved by the City. Progress
reports will be included with all payment requests.
VI. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof, the City may terminate this Agreement at
any time for any reason upon fifteen (15) days prior written notice to the Consultant.
In the event that this Agreement is so terminated, the Consultant shall be paid for
services actually performed prior to termination, except that such payment shall not
exceed the total task amounts set forth herein.
VII. SCHEDULE
Consultant shall commence the performance of the services to be provided pursuant to
this Agreement upon the execution of the Agreement and shall continue with the
performance of such services in a diligent manner. All services shall be provided by
the Consultant no later than December 31, 2008. Time is of the essence of this
agreement.
VIII. NOTICE OF CLAIM
If the Consultant wishes to make a claim for additional compensation as a result of
action taken by the City, the Consultant shall give written notice of his claim within
fifteen (15) days after occurrence of such action. No claim for additional
compensation shall be valid unless so made. Any changes in the Consultant's fee shall
be valid only to the extent that such changes are included in writing signed by the City
and the Consultant. Regardless of the decision of the Manager relative to a claim
submitted by the Consultant, all work required under this Agreement as determined by
the Manager shall proceed without interruption.
IX. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement, such violation or
breach shall be deemed to constitute a default, and the other party has the right to seek
such administrative, contractual or legal remedies as may be suitable to the violation
or breach; and, in addition, if either party, by reason of any default, fails within fifteen
(15) days after notice thereof by the other party to comply with the conditions of the
Agreement,the other party may terminate this Agreement.
X. INDEMNIFICATION
To the fullest extent permitted by law, Consultant agrees to and 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, attorneys
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fees, damages or other relief, including but not limited to workers compensation
claims, in any way resulting from or arising out of negligent actions or omissions of
the Consultant in connection herewith, including negligence or omissions of
employees or agents of the Consultant arising out of the performance of this
Agreement. In the event of any action against the City 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 completion, expiration and/or
termination of this Agreement.
XI. NO PERSONAL LIABILITY
No official, director, officer, agent or employee of the City shall be charged personally
or held contractually liable under any term or provision of this Agreement or because
of their execution, approval or attempted execution of this Agreement.
XII. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there
shall be no discrimination against any employee or applicant for employment because
of sex, age, race, color, creed, national origin, marital status, of the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification, and this requirement shall apply to, but not be limited to, the following:
employment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training, including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of
any services or activities made possible by or resulting from this Agreement on the
grounds of sex, race, color, creed, national origin, age except minimum age and
retirement provisions, marital status or the presence of any sensory, mental or physical
handicap. Any violation of this provision shall be considered a violation of a material
provision of this Agreement and shall be grounds for cancellation, termination or
suspension, in whole or in part, of the Agreement by the City.
XIII. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto;provided, however, that no assignment
shall be made without the prior written consent of the City.
XIV. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms,
conditions and other provisions of this Agreement and the Consultant shall remain
liable to the City with respect to each and every item, condition and other provision
hereof to the same extent that the Consultant would have been obligated if it had done
the work itself and no assignment, delegation or subcontract had been made. Any
proposed subcontractor shall require the City's advanced written approval.
XV. NO CO-PARTNERSHIP OR AGENCY
This agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
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XVI. SEVERABILITY
The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or
other provision of this Agreement, or any portion thereof, shall be held to be void or
otherwise unenforceable, all other portions of this Agreement shall remain in full force
and effect.
XVII. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter
of convenience and for reference and in no way are they intended to define, limit or
describe the scope of intent of any provision of this Agreement, nor shall they be
construed to affect in any manner the terms and provisions hereof or the interpretation
or construction thereof.
XVIII. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on
the subject matter hereof and may not be changed, modified, discharged or extended
except by written amendment duly executed by the parties. Each party agrees that no
representations or warranties shall be binding upon the other party unless expressed in
writing herein or in a duly executed amendment hereof, or change order as herein
provided.
XIX. APPLICABLE LAW
This Agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any
disputes or the enforcement of any rights pursuant to this agreement shall be in the
Circuit Court of Kane County, Illinois.
XX. NEWS RELEASES
The Consultant may not issue any news releases without prior approval from the
Manager, nor will the Consultant make public proposals developed under this
Agreement without prior written approval from the Manager prior to said
documentation becoming matters of public record.
XXI. COOPERATION WITH OTHER CONSULTANTS
The Consultant shall cooperate with any other consultants in the City's employ or any
work associated with the Project.
XXII. INTERFERENCE WITH PUBLIC CONTRACTING
The Consultant certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute
regarding bid-rigging.
XXIII. SEXUAL HARASSMENT
As a condition of this contract, the Consultant shall have written sexual harassment
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policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights
Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights
Act.
A copy of the policies must be provided to the Department of Human Rights upon
request 775 ILCS 5/2-105.
XXIV. WRITTEN COMMUNICATIONS
All recommendations and other communications by the Consultant to the Manager and
to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The Manager may also require other recommendations and
communications by the Consultant be made or confirmed in writing.
XXV. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this agreement it is expressly agreed and
understood that in connection with the performance of this agreement that the
Consultant 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, workplace safety and legal status of employees. Without
limiting the foregoing, Consultant hereby certifies, represents and warrants to the City
that all Consultant's employees and/or agents who will be providing products and/or
services with respect to this agreement shall be legal residents of the United States.
Consultant 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 the
Consultant to determine Consultant's compliance with the provisions of this section.
In the event the City proceeds with such an audit the Consultant shall make available
to the City the Consultant's relevant records at no cost to the City."
XXVI. APPROPRIATIONS
The fiscal year of the City is the twelve-month period ending December 31. The
obligations of the City under any contract for any fiscal year are subject to and
contingent upon the appropriation of funds sufficient to discharge the obligations
which accrue in that fiscal year and authorization to spend such funds for the purposes
of the contract. If, for any fiscal year during the term of this Agreement, sufficient
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funds for the discharge of the City's obligations under the agreement are not
appropriated and authorized, then the Agreement shall terminate as of the last day of
the preceding fiscal year, or when such appropriate and authorized funds are
exhausted, whichever is later, without liability to the City for damages, penalties or
other charges on account of such termination.
XXVII. NOTICES
All notices, reports and documents required under this Agreement shall be in writing
and shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to City:
Mike Lehman
Golf Services Manager/Professional
875 Sports Way
Elgin, Illinois 60123
B. As to Consultant:
Joseph Carlucci
Carlucci Hospitality Group
2001 Butterfield Road
Downers Grove, Illinois 60515
IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed
this Agreement on the date and year first written above and that there are no other oral
agreements that have not been reduced to writing in this statement.
Consultant: City:
Around the Horn E rp 'ses,LLC City of Elgin
By By Wa
Its Ci... •ki ag r
Attest:
City Clerk
F:\Legal Dept\Agreement\Around the Hom-4-3-08.doc
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EXHIBIT A
Scope of Services
Consultant shall provide design services as follows:
PHASE I - DEVELOPMENT
➢ Concept Creation
➢ Design Direction
➢ Kitchen Planning
D. Size
➢ Restaurant Flow
➢ Menu Direction
➢ Space Planning
Phase I Cost- $45,000
PHASE II—DEVELOPMENT
➢ Format
➢ Price Points
➢ "Touches"
➢ Character/Feel of the environment
➢ All coordination of design and theme
Phase II Cost- $15,000
PHASE III—POST DEVELOPMENT and PRE-OPENING
➢ Equipment Selection
➢ Furniture Selection
Phase III Cost- $5,000
PHASE IV—PRE-OPENING
➢ Set Service Standards
➢ Uniform Selection
➢ Table top Design
➢ Employee Manual Development
➢ Oversee Pre-Opening Events
➢ Assist in hiring key employees
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➢ Create Pre-Opening Budget
➢ Assist in Marketing and Advertising
➢ Identify P.O.S. system
➢ Create a beverage and wine list
➢ Plate Presentation
➢ Select china, glass,tableware
➢ Back of house support
➢ Menu Selection
➢ Assist with graphic design
Phase IV Cost- $10,000
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Att
,r g,
March 21, 2008 1,
TO: Mayor and Members of the City Council ==
FROM: Olufemi Folarin, City Manager reat,,,,,,l .c,,.ea,,,�
Randy Reopelle, Parks and Recreation Director =i+��i����ror�nortimi.;r,'.'in Cal,:,„
SUBJECT: Bowes Creek Restaurant Design with Around the Horn Entertainment LLC
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider entering into an agreement with Around the Horn Entertainment LLC for
restaurant business concept design services in conjunction with the Bowes Creek Country Club.
RECOMMENDATION
It is recommended that the City Council approve the contract with Around the Horn
Entertainment LLC in the amount of$75,000.
BACKGROUND
The Bowes Creek Golf Course and Clubhouse are anticipated to open in the fall of 2009. The
clubhouse business plan identifies a similar approach to food and beverage service as being
offered in the current Highlands Clubhouse, which is a themed restaurant. The benefit of a
themed restaurant is that it attracts regular year around diners and is not solely dependent on golf
related business.
The determination to create a themed restaurant, the Hickory Stick Bar and Grill, was made after
the Highland's clubhouse was designed. As a result, some additional costs were incurred and
some elements that would have supported the themed restaurant were not able to be
incorporated. To avoid these problems at Bowes Creek, staff is recommending that the City
enter into an agreement with Around the Horn Entertainment LLC.
Joe Carlucci, President of Around the Horn Enterprises, has extensive experience in the
restaurant business as described in his brochure (see attachment). Mr. Carlucci is currently
working with PGA National Resort, where they held the Honda Classic in February. His
company has also completed the concept for Arrowhead Golf Course in Wheaton, consulted for
Medinah Golf Course and Cog Hill Golf Course. They also consulted and developed the
concepts for Mike Ditka's Chop House and Dick Clark restaurants.
Bowes Creek Restaurant Design
March 21,2008
Page 2
The design process for a themed restaurant begins with menu creation, then building elevations,
marketing theme and interior design coordination. All interior furniture, fixtures, finishes and
equipment will be developed to compliment the theme. The menu will drive the equipment that
is purchased for the kitchen and how it is laid out.
The Bowes Creek Golf Course project is a partnership between the City and Toll Brothers. The
development agreement between the City and Toll requires all contracts to be entered into by
Toll with approval by the City except in those instances where the City requests additional
services beyond the scope of the original agreement. A similar example would be Randy Trull's
project manager contract, which was executed directly with the City. The contract was handled
in this fashion to provide direct control in the process so the City's best interests would be
represented in all facets of golf course construction. Following the same reasoning, it is the
intention to utilize Around the Horn Entertainment LLC to act as the City's representative in the
creative design process. Taking advantage of this process will provide the professional expertise
and ultimate control over the end result and its impact on future operations.
Around the Horn Entertainment was selected through a Request for Services conducted by Toll
Brothers Inc. and executed by PHN Architects, the clubhouse architect. Given Around the
Horn's experience with themed restaurants and golf courses, utilizing their expertise would be a
great benefit to the development and future operations of the Bowes Creek Clubhouse.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The cost of the contract with Around the Horn Entertainment LLC is $75,000. There are
sufficient funds budgeted ($1,640,000) and available ($1,528,370) in the Riverboat Lease Fund,
account number 276-0000-791.92-32, project number 509687, to fund the contract with Around
the Horn Entertainment LLC.
LEGAL IMPACT
An agreement will be required.
Bowes Creek Restaurant Design
March 21, 2008
Page 3
ALTERNATIVES
1. The Council may choose to approve the contract with Around the Horn
Entertainment LLC in the amount of$75,000.
2. The Council may choose not to approve the contract with Around the Horn
Entertainment LLC in the amount of$75,000.
Respectfully submitted for Council consideration.
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