Loading...
HomeMy WebLinkAbout23-0606 Old Republic Bar 90s ThrowbackCONCESSION SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 6th day of June, 2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Old Republic of Elgin, II. Bar (hereinafter referred to as "Concessionaire"). WHEREAS, City organizes and conducts an annual summer concert series, the first of which, 90s throwback: 4th of July celebration and fireworks (the `Event," herein); and WHEREAS, City has determined it to be in its best interests to engage the services of Concessionaire to provide beer concession services at the Event. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: • Concessionaire shall have the exclusive right during the term of this Agreement to provide beer concession services at the Event. • Concessionaire shall dispense and serve only from such locations and at such times as shall be authorized by Amanda Harris, Director of Cultural Arts & Special Events, or her designee. The City will provide pop-up tents, tables and chairs at the vending area as set forth in Exhibit A. In addition, the City shall provide two (2) trash containers and additional trash bags at the trailer as well as power access. • Concessionaire shall be solely liable for any and all damage or theft to Concessionaire's equipment. CITY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO ANY CONCESSIONAIRE EQUIPMENT, GOODS OR PERISHABLE ITEMS PURSUANT TO ANY BAILMENT OR OTHER BASIS OF LIABILITY. • City shall provide for and pay all costs for utilities and refuse disposal services which may be reasonably required by Concessionaire in the performance of its duties hereunder. Concessionaire shall pay to City concession fees for the Agreement as follows: Either prior to or concurrently with the execution of this Agreement, Concessionaire shall provide to City a sponsorship check from the selected beer distributor payable to the City of Elgin in the amount of One Thousand Dollars ($1,000.00); • Following completion of the Event, Concessionaire shall pay to the City of Elgin a fifteen percent (15%) share of the profits from the beer concession services. • Concessionaire shall keep and maintain records of all beverage sales served pursuant to this Agreement. All records shall be in a form satisfactory to the City and in accordance with good accounting practice. The aforementioned records shall be made available upon request to the City or its duly authorized representatives for inspection, copying or auditing purposes upon reasonable notice. • Concessionaire shall pay all monies provided herein to the City under paragraph 5.c within thirty (30) days after the Event. All payments shall be accompanied by a signed written report of the gross receipts, expenses, and total profits for the Event. • Concessionaire shall provide a beer trailer at the location specified by the City, along with sufficient equipment to conduct its operations, that shall be used to provide the required services for this. The placement and location of all trailers and equipment must be approved by Amanda Harris or her designee prior to its placement within at the Event. In addition, Concessionaire shall provide and have on site a second beer trailer that shall be available as a back-up to the other trailers. Any changes to the equipment shall only be permitted upon written approval by the City. • Concessionaire shall provide and serve throughout the Event beverages of the type, in an amount, and at the prices stated within the attached Exhibit B. Changes in the type of beverages, amounts, or price shall only be permitted upon written approval of the City. No beverages shall be served in glass bottles or containers. • Concessionaire shall keep and maintain all assigned locations in a clean, orderly and sanitary condition at all times and in strict accordance with all applicable laws, ordinances and regulations. • Concessionaire shall provide sufficient personnel to provide the concession services at all service areas, as set forth in Exhibit A, for the duration of the Event, and shall provide the names of all persons working at the Event twenty-four hours prior to the Event if requested by the City. The foregoing notwithstanding, Concessionaire shall provide one (1) management personnel at the trailer. Concessionaire shall further provide 6-10 volunteers that are B.A.S.S.E.T certified, at each trailer for service. Concessionaire, its employees, agents, partners or assigns shall not unreasonably disturb patrons and spectators or interfere with the Event. Upon request of Amanda Harris or her designee, Concessionaire shall remove any employee, agents, partner or assign from the Event and not allow that person to again serve without the written approval. • Concessionaire shall not make any alterations in or additions to any City -owned property or public property without the written consent and approval of the City. • Any signage and/or tee-shirt designs must be approved by the City prior to the date of the Event. Concessionaire shall not post any signs, other than price schedules, without the consent of Amanda Harris or her designee. • Concessionaire shall comply with all federal, state and local laws and regulations, including but not limited to, the obtaining of any licenses or permits which may be required. • Concessionaire hereby waives and releases City from any and all liability for loss or damage to goods, merchandise or equipment of Concessionaire used or stored at any City- owned or public property. • Concessionaire shall furnish City with a liability insurance policy naming the City as an additional insured in the following amounts: Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate Limit - $2,000,000. Concessionaire shall also provide City a policy of insurance commonly known as "dram shop" insurance, including City as an additional insured, covering the service of alcoholic beverages. Said policy shall be subject to approval by City. Such insurance policies as provided by this Agreement shall apply as primary insurance with respect to any other insurance or self- insurance program afforded to or utilized by City. There shall be no endorsement or modification of such insurance to make it excess over other available insurance, and alternatively, if such insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to City." • Concessionaire hereby agrees to hold harmless, indemnify and defend the City, its officers, employees, agents, boards, commissions and assigns from and against any and all causes of action, claims for damages, suits, and any and all other liability of whatsoever nature, including but not limited to attorney's fees, arising out of or in connection with Concessionaire's negligent performance of this Agreement. Nothing herein shall be construed so as to waive Concessionaire's duty to defend City. In the event of any action against City, its officers, agents, employees, boards, commissions or assigns covered by the aforementioned duty to indemnify, hold harmless and defend, such action shall be defended by counsel of City's choosing. The obligations and provisions of this paragraph shall survive any termination and/or expiration of this Agreement. • Concessionaire shall not assign, transfer or convey any interest in this Agreement without the written consent of the City. Concessionaire shall not hold itself out as an agent of the City. • This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. • The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. • In the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any exhibit, the terms and provisions of this Agreement shall govern and control the rights and obligations of the parties hereto. • This Agreement shall not be construed so as to create a joint venture, employment, partnership or agency relationship between the parties hereto. • This Agreement is the sole and exclusive agreement between the parties hereto. There are no other agreements, either oral or written, which amend, modify or otherwise affect this Agreement. This Agreement shall not be amended or modified without the written consent of the parties hereto. The City shall have the option to renew this Agreement for its annual Nightmare on Chicago Street event upon the same terms and provisions set forth herein for up to three (3) successive calendar years, in the City's sole discretion. • Concessionaire shall pay to City the cost of any damage to City property or goods arising out of or in connection with Concessionaire's negligent performance of this Agreement upon thirty (30) days written notice of the cost of such damage by City. SIGNATURE PAGE FOLLOWS THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO BY THE PARTIES HERETO AS OF THE DATE FIRST SET FORTH ABOVE. Nick Smith CITY OF ELGIN Attest: Printed Name President Title ity erk EXHIBIT A Site Map rood Trucks Ent( romN.Grove 90s Throwback Juty 4th 2023 II► 5pm 10pm IIIao line - III'" direction/Queue Food Trucks Exit I I to S. Grove ID/Cup Tent on rrrrrrrrrr. Road Closure 1 Y 1Ox20 tent IInY 6k 10x10 tent A Grafiti Wall Food Truck ,"■Ar'o, III Trash Locations rt=•-, �a� u Fencing Portolet Locations EXHIBIT B Offerings: Beer select ions: M odelo Espec id , Px ific o Cla 4 P arcs a Lemcn Sel tz-up, ad P dlyaia IP A" In the C arcs" cr sirri a F A. Souvenir Cups E x h sozvedr cup wil l be sd d by th e C ity. E ac h C up sd d at th a rd e cf $20 wil l irc lude aE (1) ticket fcr al irc lulled drink ad a festill stic ker fcr cre ($1 )dd la cf f cf aids icd drink pur ch as es fcr th e day cf th e e%at . C an es sicr& a wil l dis cart air drink with th epur ch se cf sad cup wit h sticker. Nct inn lulled in prcf it sh airg. C au es suer a wil l dis colt a & iad ch of t pair s l y $1 wit h th e pur chase cf sad cup with sticker. N ctirc luded in prcf it sh arirg C crc es siaik e wil 1 rec ehe ten ($1 0 )dd la- s cf th e cup ad stic ker sal es.