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HomeMy WebLinkAbout08-77 Resolution No. 08-77 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROBERT FISCHER FOR SPONSORSHIP OF THE ELGIN RACERS BASKETBALL TEAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,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 Robert Fischer for sponsorship of the Elgin Racers Basketball Team,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: March 26, 2008 Adopted: March 26, 2008 Omnibus Vote: Yeas: 4 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk A SPONSORSHIP AGREEMENT THIS AGREEMENT is hereby made and entered into thi 7�► � day of fif)rA( ( 1 , 2008, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Robert Fischer(hereinafter referred to as "Owner"). WHEREAS, City and Owners have each determined it to be in their best interests to enter into an agreement whereby City shall sponsor The Elgin Racers basketball team (hereinafter referred to as "Team"), which team shall be affiliated with the International Basketball League. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Cityshallprovidepractice time for Team at City's property commonlyknown as The t p p Y Centre twotimesper weekfor twowe eks e ee hours each session for up to 21 throughout the Team's season. City reserves the right to reschedule practice times with 7 days notice. 2. City shall provide local media contacts and advertising sales contacts to Owners. 3. Owners shall provide for all writing, designing and buying all advertising and promotions. 4. City shall include information regarding games and practices available to the public on the City's electronic sign board located at Kimball and Grove Streets located in Elgin, Illinois. 5. City shall include information regarding games and practices available to the public in the monthly-produced Connections and quarterly-produced Spirit newsletter. 6. City shall include information regarding games and practices available to the public on City's channel 17 local cable channel through highlights in programs and bulletin board postings. 7. City shall provide a quarter-page advertisement in the quarterly-produced Parks and Recreation Program brochure for the summer, winter and fall 2008 issues. 8. Owners shall provide two free basketball clinics at the City's Centre facility on dates to be determined by the parties hereto. 9. Owners shall provide 150 individual tickets to the City, the proceeds for which shall be used as a fund raiser for the Elgin Youth Scholarship Fund. 10. Owners shall provide 150 tickets to be donated in the City's name to a non-profit youth group approved by the City. 11. Owners shall provide one full-page advertisement promoting City in all home game programs. 12. Owners shall provide four verbal advertisements promoting City to be read by the game announcer at all home games. 13. Owners shall provide acknowledgement towards City at Elgin Business Night 2008. 14. Owners shall display at least one City of Elgin banner at each home game inside the gym. 15. Owners shall provide mention of City on both internet and radio broadcasts not less than five (5) times per broadcast. 16. Owners shall provide a display of City's logo in not less than twenty(20) advertisements placed in general circulation newspapers. 17. This agreement shall not be construed so as to create a joint venture, partnership, employment or agency relationship between the parties hereto. 18. 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 of Kane County, Illinois. 19. The terms of this agreement shall be severable. In the event that 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. 20. Owners agree that in the event of any breach of this agreement by Owners, City shall suffer damages which are not readily ascertainable. Owners therefore agree that any breach of this agreement by Owners shall be compensable to City in the amount of $2,500 as and for liquidated damages. Owners agree that such damages are not punitive, and represent a good-faith estimate of actual damages which would be suffered by City in the event of such a breach. In the event of such a breach, Owners shall pay to City the sum of $2,500 upon thirty days written demand by City and this agreement shall thereafter be of no force and effect. 21. This agreement shall terminate December 31, 2008, unless otherwise terminated for breach as provided for herein. The liquidated damages provisions of this agreement shall survive any termination of this agreement. 22. City shall not be liable to Owners for any indirect, consequential or other monetary damages which Owners may incur as a result of any breach of this agreement by City. In Page 2 of 3 the event of such a breach, Owners shall be entitled to retain any mascots, logos and value of any advertisements previously provided as Owners' sole recourse and remedy pursuant to this agreement. Nothwithstanding anything to the contrary in this agreement, no action shall be maintained by the Owner and/or any of Owners related persons or entities, and/or any of their successors and assigns, against the City for monetary damages. 23. Owners shall hold harmless and indemnify City from and against any and all causes of actions, suits, claims for damages and any and all other liability arising out of or in connection with the negligent acts of Owners or any of Owners' agents or employees, including, but not limited to any of Owners' basketball players or other basketball players employed by or playing for any other teams in the International Basketball League. CITY O EL 1 By: _Pi '11-4 City ager obert ischer Attest: City Clerk F:\Legal Dept\Agreement\Internat'l Basketball League.doc Page 3 of 3 I February 22, 2008 ,> F�+4 if 41 TO: Mayor and Members of the City Council _ FROM: Olufemi Folarin, City Manager Rand Reopelle, Parks and Recreation Director A��rent«nnr Law meet y h Culture;Opportunitie< or,4110nzen, SUBJECT: Elgin Racers Sponsorship Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sponsorship agreement with the Elgin Racers of the International Basketball League (IBL) for the 2008 season, which runs from March 31 to July 1. RECOMMENDATION It is recommended that the City Council approve the sponsorship agreement with the Elgin Racers as presented. BACKGROUND The IBL is a professional basketball league which provides an evening of family-friendly entertainment at an affordable price. Two league rules speed up play: 1) the IBL allows only one timeout per quarter and 2) the IBL allows players to an immediate inbounds pass. The intended result is a fast moving, high scoring game. The IBL entertainment philosophy combines basketball with music, concerts, comedy and other attractions. In 2006, with the cooperation and support of the City of Elgin, the IBL moved their Chicagoland team, The Racers, from Palatine to Elgin. As a sponsor, the City of Elgin has provided free practice facilities each year at The Centre throughout the Racers season. In addition, the City has helped promote and market the team through various City publications, the City's website, and on Channel 17. The Elgin Racers finished the 2007 season 16-6, going on to win the Midwest Division Championship. Last year game attendance ranged from 650 to 1200 per game. Over the past two seasons, the Racers have won the third most games of all the franchises in the IBL. Six of the Racers players have gone on to sign with professional teams, and one member earned a tryout with the Chicago Bulls. 11 � J F Elgin Racers Sponsorship Agreement February 22, 2008 Page 2 Home games for the 2008 season will be held at Judson University. The Elgin Racers have asked for the City's continued support during the 2008 season through use of practice facilities at The Centre and marketing support. The Racers will partner with other area businesses and civic organizations to help promote the team. Under the terms of this year's proposed agreement, the team's practice facility will continue to be The Centre and the City will not incur any additional expenses. The main items of this year's sponsorship agreement are as follows: The City of Elgin will: 1. Provide practice time at The Centre during the evening after regular leagues have finished court time. Team practices, valued at $5,775, will be available twice a week for two hours each time for up to 21 weeks. Dates will be determined by The Centre's Customer Service Manager and team owners. The City reserves the right to reschedule practice times with seven days notice. 2. Provide promotion of games and practices through the City's website, Channel 17, Spirit and Connections newsletters, and the City's electronic sign board, valued at approximately $1,600. 3. Provide space for a quarter page advertisement, valued at$940, in the quarterly Parks & Recreation Program Brochure. The Elgin Racers will: 1. Provide two free basketball clinics for the Parks &Recreation Department's Youth Basketball program. Dates and times will be determined by The Centre's Athletic Supervisor and team owners. Programs are valued at $300 each, for a total value of p g $600. 2. Provide 150 individual tickets for the City to sell as a fundraiser for the Elgin Youth Scholarship Fund. Tickets are $5 each for general admission; children under 14 are free with a paid adult. Total value of the tickets is $750. 3. Provide 150 individual tickets, valued at$750, to be donated in the City's name to a not- for-profit youth organization of the City's choice, and 20 tickets to a"Meet the Team" night at ECC, valued at$80. 4. Provide a full page ad for each home game program book, valued at$1,100. Elgin Racers Sponsorship Agreement February 22, 2008 Page 3 5. Provide four verbal announcements during each of the 11 home games, valued at $1,100. 6. Provide tickets to an Elgin Business Night Dinner, valued at $80. 7. Provide placement for a City banner at each of the 11 home games, valued at $150. 8. Mention the City of Elgin five times as title sponsor on both the interne and radio broadcasts during each of the 11 home games, valued at $150 per game. The total value is $1,650. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The Elgin Racers use of The Centre's fieldhouse for practices, camps and advertising, valued at $8,315, will be provided at no cost. The Elgin Racers will provide tickets, clinics, advertising, and receptions, valued at $6,260. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the sponsorship agreement with the Elgin Racers. 2. The City Council may choose not to approve the sponsorship agreement with the Elgin Racers. Respectfully submitted for Council consideration cm