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HomeMy WebLinkAbout09-18 Resolution No. 09-18 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DOWNTOWN NEIGHBORHOOD ASSOCIATION AND BREAKAWAY EVENT PRODUCTIONS FOR THE ELGIN CYCLING CLASSIC BIKE RACE 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 the Downtown Neighborhood Association and Breakaway Event Productions for the Elgin Cycling Classic Bike Race on July 12, 2009, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: January 28, 2009 Adopted: January 28, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ** Fully executed agreement was never given to the City Clerk's Office. 1/21/09 AGREEMENT ELGIN CYCLING CLASSIC THIS AGREEMENT is hereby made and entered into this 28th day of January, 2009, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and Breakaway Event Productions, LLC, a Wisconsin Limited Liability Company and the Downtown Neighborhood Association, an Illinois corporation. WHEREAS, the Downtown Neighborhood Association (hereinafter referred to as "DNA"), of 2 Douglas Avenue, Elgin, Kane County, Illinois has requested an event of the International Cycling Classic (hereinafter called "Stage") to promote cycling in the community, attract visitors and stimulate economic activity in the downtown; and WHEREAS, the DNA is desirous of serving as the Local Organizing Committee and in its role as the Local Organizing Committee, shall work with an event producer to promote this Stage of the International Cycling Classic; and WHEREAS, Breakaway Event Productions, LLC producers of the International Cycling Classic, of 400 E. Silver Spring Drive, Suite 202, Milwaukee, Wisconsin (hereinafter referred to as "BEP") pursuant to DNA's request is desirous of producing a Stage in downtown Elgin, Illinois on behalf of DNA; and WHEREAS, pursuant to BEP's willingness to produce a Stage of the International Cycling Classic in downtown Elgin, the DNA has proposed a special event to the City in the form of a Stage of the International Cycling Class also to be known as the Elgin Cycling Classic on July 12, 2009, to be conducted in part in the downtown area of the City (hereinafter referred to as the "Subject Special Event"); and WHEREAS, DNA 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 downtown area of the City and will assist in promoting further redevelopment of the city; and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for co-sponsorship of special events as set forth in the City of Elgin Special Event Co-sponsorship Guidelines; 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 the DNA 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 redevelopment of the City's downtown area pertains to the government and affairs of the City. WHEREAS, the City, DNA and BEP have each determined it to be in their best interests to conduct the Subject Special Event within the City. NOW, THEREFORE, in consideiation of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. BEP agrees and confirms that the DNA has been awarded a Stage of the International Cycling Classic to be held in the City of Elgin, Illinois on Sunday, July 12, 2009 from 10:00 a.m. to 8:30 p.m. Setup for the event shall commence no later than 8:00 a.m. 3. BEP shall provide whatever consultation and/or advice possible to the DNA to facilitate the successful implementation of this agreement. Such contributions shall include, but shall not be limited to, creative marketing, technical and planning expertise, as well as installation, administration, and logistics services. 4. BEP shall provide the logistical infrastructure of the Subject Special Event, including, promoting and marketing the overall event series, securing United States Cycling Association officials, obtaining permits and coordination with applicable governing sport bodies including USA Cycling, course equipment and set-up, all race-related support services, securing contestants event prizes and medical services. 5. The DNA shall provide services related to management of the Subject Special Event, including but not limited to, local promotion and marketing, securing sponsors, on-site management and organization, coordination of volunteers, trash removal, race site clean up, street closure notices, and staff management reasonably necessary and to the best of its ability to conduct the Subject Special Event which shall occur on July 12, 2009. 6. The Subject Special Event shall proceed pursuant to the route that is attached hereto as Attachment A. 7. The DNA shall apply for and obtain a special event permit for the Subject Special Event as provided for under Elgin Municipal Code Chapter 13.25. The DNA shall be solely responsible for the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 2 8. The City, in consideration of BEP's production of the Subject Special Event, shall provide payment to BEP in the total amount of$30,000. Said payment shall be provided by the City to BEP in two (2) installments. The first installment, in the amount of $15,000, shall be provided upon execution of this agreement. The second installment, in the amount of $15,000 shall be provided no later than July 17, 2009. The City, in consideration of DNA's role in managing and coordinating the Subject Special Event, shall provide payment to DNA in the total amount of $5,000. Said payment shall be provided by the City to DNA by July 12, 2009. 9. The City at its expense shall provide street closure barricades, port-o-lets, hand washing units, police, street sweeping, traffic rerouting and no parking signs for the Subject Special Event as appropriate in City's sole discretion. 10. In conjunction with the Subject Special Event permit application the DNA shall submit to the City a 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 Chief of Police in writing five (5) business days before the Subject Special Event. The number of police officers and the duration of the special police detail for the Subject Special Event shall be determined by the City's Chief of Police. 11. The DNA shall employ reasonable efforts to secure event sponsorships to provide additional funding for the Subject Special Event. DNA shall use its best efforts to conduct fund raising to defray expenses of whatsoever nature associated with or arising out of the Subject Special Event. DNA agrees to report all revenues and final expense costs to the City immediately following, and no more than thirty (30) days after, the Subject Special Event through a final budget. In the event there is a surplus of funds (total revenues minus total expenses excluding in-kind contributions); the City shall be reimbursed a maximum of$15,000 within 30 days after the Subject Special Event. 12. The DNA shall at its expense respond to all inquiries from the Subject Special Event participants. 13. The DNA shall at its expense provide for all volunteer marshals for the Subject Special Event. 14. The DNA shall at its expense provide for all reasonably necessary organization and conduct for the Subject Special Event except as otherwise specifically provided herein, including but not limited to hospitality services and exhibit areas provided in conjunction with the Subject Special Event. 3 15. The DNA shall at its expense provide up to ten (10) hotel rooms and accommodations as necessary for event officials, BEP, its employees, agents and volunteers. BEP must request said hotel rooms, including the number of rooms being requested, at least thirty (30) in advance of the Subject Special Event. 16. The DNA shall at its expense provide two (2) meals for approximately forty-five (45) race staff and officials on the day of the Subject Special Event. 17. The DNA shall at its expense provide 300 bottles of water on the day of the Subject Special Event. 18. The DNA at its expense shall publicize the location of all major parking areas in all of its advertisements, flyers and posters regarding the Subject Special Event. 19. DNA at its expense shall solely be responsible for conducting and cleaning-up of the refuse generated from the Subject Special Event. Any costs associated to the clean-up after the Subject Special Event the City should incur shall be billed to DNA. 20. BEP at its expense shall be solely responsible for all prize monies associated with the Subject Special Event. 21. In the event that DNA decides to conduct a U-23 race in conjunction with the Subject Special Event, the DNA at its expense shall be solely responsible for all prize monies associated for said U-23 races. 22. The DNA shall be solely and strictly liable for the acts of its volunteers, officers and employees and DNA 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 the Subject Special Event or any acts or omissions of the DNA, its agents, volunteers or employees. Nothing herein shall diminish or obviate the DNA 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, completion and/or expiration of this Agreement. 23 .BEP shall be solely and strictly liable for the acts of its volunteers, officers and employees and BEP 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 the Subject Special Event or any acts or omissions of the BEP, its agents, volunteers or employees. Nothing herein shall diminish or obviate the BEP duty to defend the City. In the event of any action against the City or 4 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, completion and/or expiration of this Agreement. 24. The DNA shall recognize the City as a sponsor of Subject Special Event and shall receive the benefits of sponsorship consistent with the level of support provided. At minimum, the City's support shall be acknowledged in print materials promoting the organization or event, radio advertising, Web page information and event program(s). Three samples of this acknowledgment shall be provided to the City for its prior approval. A logo provided by the City shall be used for this purpose. 25. BEP at its expense shall provide each the City and DNA with a certificate of general liability insurance naming the City and DNA as primary, noncontributory coinsured with limits of not less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage with a general aggregate limit of not less than two million dollars ($2,000,000). 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 and DNA. 26. DNA at its expense shall provide each the City and BEP with a certificate of general liability insurance naming the City and BEP as primary, noncontributory coinsured with limits of not less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage with a general aggregate limit of not less than two million dollars ($2,000,000). 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 and BEP. 27. This agreement or any part thereof will not be assigned or transferred by DNA or BEP to any person, firm, corporation, or partnership. 28. This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties. 29. The failure of either party hereto to comply with the terms and conditions hereof because of force majeure such as an act of God, strike, war, fire, earthquake, act of public enemies, action of federal or state authorities or for any reason beyond the reasonable control of such party, shall not be deemed as a breach of this agreement. 30. In the event DNA breaches this agreement or any material term or provision thereof, DNA shall refund any funds paid by City to DNA upon 30 days written notice. DNA shall not be entitled to any funds from City in the event of such a breach and the City may pursue all relief available to it under the law as a result of any DNA breach of this agreement. 5 31. In the event BEP breaches this agreement or any material term or provision thereof, BEP shall refund any funds paid by City to BEP upon 30 days written notice. BEP shall not be entitled to any funds from City in the event of such a breach and the City may pursue all relief available to it under the law as a result of any BEP breach of this agreement. 32. The City may terminate this agreement for any reason. In the event City terminates this agreement for any reason other than breach by DNA, BEP or force majeure City, shall be required to provide BEP and DNA with fourteen (14) days written notice of such termination. In the event City terminates this agreement for any reason other than breach by DNA or BEP, BEP and DNA shall within thirty (30) days from the notice of termination return all funds paid hereunder by the City not expended by BEP and DNA as of the date of the notice of termination. 33. 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. Notwithstanding anything to the contrary in this agreement, with the sole exception of the monies the City has agreed to pay to BEP and DNA pursuant to Section 8 hereof, no action shall be commenced by either BEP or DNA against the City for monetary damages. 34. The terms of this agreement shall be severable. In the event of 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. 35. This agreement is the sole agreement between the parties hereto. There are no other agreements, either written or oral, which modify or affect the terms of this agreement. This agreement shall not be modified or amended without the written agreement of the parties hereto. 36. Time is of the essence of this agreement. SIGNATURE PAGE FOLLOWS 6 IN WITNESS THEREOF, the parties hereto have executed this agreement as of the day and written below. Agreed and accepted on this day of , 2009. CITY OF ELGIN DOWNTOWN NEIGHBORHOOD ASSOCIATION By By City Manager Its Attest: City Clerk BREAKAWAY EVENT PRODUCTIONS, LLC By Its F:\Legal Dept\Agreement\Cycling Classic 2009.doc 7 8 V INIMNHDV11V • '. January 22,2009 TO: Mayor and Members of the City Council / i.uanI qa:,L,,urr and FROM: Olufemi Folarin, City Manager c��tr��rchprtumdtsrnr.Iruad:rd Sean R. Stegall, Assistant City Manager SUBJECT: Agreement with Breakaway Event Productions, LLC and the Downtown Neighborhood Association concerning the production and management of the Elgin Cyclic Classic PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of an agreement with Breakaway Event Productions, LLC and the Downtown Neighborhood Association concerning the production and management of the Elgin Cycling Classic Bike Race. RECOMMENDATION It is recommended that the City Council approve the agreement with Breakaway Event Productions (BEP) and the Downtown Neighborhood Association (DNA) to organize and conduct the Elgin Cycling Classic Bike Race on Sunday, July 12, 2009 in the amount of$60,000. BACKGROUND The bike race, formerly known as the Four Bridges of Elgin, was first held in 2000. The race attracted over 100 racers from all over the world and drew spectators from around the Country and abroad. After 2003, the format was modified from a road race to the criterium arrangement which is a much shorter race. For 2009-2011, it is being recommended that the International road-race format be reestablished to promote Elgin in the Chicago area and nationally by being affiliated with Superweek. Superweek is part of a national competition, the National Racing Calendar (NRC). Riders can earn NRC points both for individual race finishes and for their final position in the overall race standings. Superweek is a multi-week circuit of the International Cycling Classic with each community hosting what is referred to as a "stage" of the event. Superweek is the longest series of cycling races in the world. The stage proposed for Elgin carries the title of the "Elgin Cycling Classic". In 2008, for the stage conducted in Evanston, IL, teams from Germany, Hong Kong and other countries competed in the race and several of the riders were world-ranked (Olympic Agreement with Breakaway Event Productions and DNA for the Elgin Cyclic Classic January 22,2008 Page 2 champions, World Champions, etc.). The community can expect a similar level of high-caliber competition for the Elgin Cycling Classic. Road races are run over a much longer course than a criterium, although they still feature multiple laps over a circuit. The Men's Pro & Category 1/2 road races at the International Cycling Classic are each approximately 100 miles in length. Whereas most criterium courses are flat, the road races are run on courses with hills which provide opportunities for riders with good climbing ability to attack. This kind of course suits a different style of rider than a criterium course. Road races count for more points in the overall standings than do criterium races. The race route is attached and features a downtown start and finish and loops through the northeast neighborhood and does allow for the necessary elevation changes associated with road races. Riders in Superweek are competing on several different levels. There is a competition over the entire Superweek racing series where riders earn points based upon their finishing position in each race. Members of the downtown business community, DNA, and active citizens in the Northeast Neighborhood Association (NENA) will join forces to plan this successful bike race, once again bringing bikers and spectators to the City of Elgin. The proposed agreement is attached. The following are the main elements of the agreement: 1. BEP shall provide whatever consultation and/or advice possible to the DNA to facilitate the successful implementation of this agreement. Such contributions shall include, but shall not be limited to, creative marketing, technical and planning expertise, as well as installation, administration, and logistics services. 2. BEP shall provide the logistical infrastructure of the Subject Special Event, including, promoting and marketing the overall event series, securing United States Cycling Association officials, obtaining permits and coordination with applicable governing sport bodies including USA Cycling, course equipment and set-up, all race-related support services, securing contestants event prizes and medical services. 3. The DNA shall provide services related to management of the Subject Special Event, including but not limited to, local promotion and marketing, securing sponsors, on-site management and organization, coordination of volunteers, trash removal, race site clean up, street closure notices, and staff management reasonably necessary and to the best of its ability to conduct the Subject Special Event which shall occur on July 12, 2009. 4. The City shall provide street closure barricades, port-o-lets, hand washing units, police, street sweeping, traffic rerouting and no parking signs as appropriate in City's sole discretion. 5. In consideration of BEP's production of the event, the City shall provide payment in the amount of $30,000. Said payment shall be provided in two installments. The first installment, in the amount of $15,000, shall be provided upon execution of this Agreement with Breakaway Event Productions and DNA for the Elgin Cyclic Classic January 22,2008 Page 3 agreement. The second installment, in the amount of$15,000 shall be provided no later than July 17. In consideration for DNA's role in managing and coordinating the event, the sum of$5,000 shall be provided by July 12. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Northeast Neighborhood Association FINANCIAL IMPACT The total cost of this event is projected to be $60,000. DNA will receive $5,000, BEP will receive $30,000, equipment needs will total $10,000 with City services costing $15,000. The estimate used for City services is based upon data from the Four Bridges of Elgin race. There are sufficient funds budgeted ($100,000) and available ($100,000) in the Riverboat Fund, "Special Events Expense," account number 275-0000-791.47-00, project number 030167 to cover the $45,000 in direct costs associated with the management event ($35,000) and for costs associated with the rental of barricades and port-o-lets ($10,000). Estimated operational support from City departments ($15,000) will be covered within their General Fund departmental operating budgets as follows: Police $4,000 from Overtime Salary account number 010-2308- 731.01-02; Land Management $1,000 from Overtime Salary account number 010-3371-764.01- 02; and Public Works $5,000 from Overtime Salary account number 010-3321-753.01-02. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the agreement with BEP and DNA to organize and conduct the Elgin Cycling Classic Bike Race on Sunday, July 12, 2009 in the amount of$60,000. 2. The City Council may choose not to approve the agreement with BEP and DNA to organize and conduct the Elgin Cycling Classic Bike Race on Sunday, July 12, 2009 in the amount of$60,000. Respectfully submitted for Council consideration. bk Attachments