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HomeMy WebLinkAbout23-0920 NOCS - The Haight - The BarCONCESSION SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 20th day of September , 2023 , by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Haight Bar DBA The Bar (hereinafter referred to as "Concessionaire"). WHEREAS, City organizes and conducts Nightmare on Chicago Street (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 two pop-up tents (totaling 10x20 in size), tables (four 30x96 inch tables) at the vending areas as set forth in Exhibit A. In addition, the City shall provide four (4) trash containers and additional trash bags at the trailer. In addition, the city will provide 120v, 20-amp power at the following locations only: Chicago Street east, Fountain Square, and Whisky Point. • The City will provide one walkie talkie with training for communication on the day of the event. In addition, the city will provide large, printed maps for each vending location. • The City will manage and staff all ID tents as well as provide ID wristbands to each concessionaire location. • 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. 0 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 Three Thousand Dollars ($3,000.00); Either prior to or concurrently with the execution of this Agreement, Concessionaire shall provide to City a sponsorship check payable to the City of Elgin in the amount of Ten Thousand Dollars ($10,000.00); Following completion of the Event, Concessionaire shall pay to the City of Elgin a ten percent (10%) 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 beer trailers at the locations 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 spare 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 8-10 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. THE HAIGHT DBA THE BAR m sdw&&der Signature Lauren Schroeder Printed Name Beverage & Events Director Title CITY OF ELGIN City Manager Attest: /� le� City Clerk EXHIBIT A 1,74: -99F---- L-jf.P I 4k. EXHIBIT B The Haight Company (referred to as The Bar from here forward) is thrilled to partner with the City of Elgin for the 2023 Nightmare on Chicago Street event. We felt the 2022 event was a huge success for everyone involved and are excited to be a part of it again. Please see our two-year proposal (2023, 2024) and business plan below. The Bar and the distributor: • The Bar and the distributor will provide 140 kegs of mainstream beer (ex. Old Style,Corona, or Modelo). • The Bar and the distributor will provide 16 specialty kegs (IPA, seasonal, etc.) • The Bar and the distributor will provide 20 kegs of one hard seltzer • The Bar through The Distributor will provide a beer trailer at each location (5 trailers & 2 backup trailers). The trailers will be placed so that 1-3 sides can be utilized for service. With four tap handles on each side of the trailer, eight handles total at each location • The Bar will purchase all of the kegs in advance of the event • The Bar and the distributor will provide all 16 oz. cups for the event • The Bar through the distributor will provide all signage at each beer trailer. Signage will be consistent with the theme of the event. (includes: items, pricing, novelty cups, etc.) Pricing: • Price for a 16 oz beer: $8.00 for mainstream and $9.00 for craft • Price for one 16 oz seltzer: $9.00 • Price for one 16 oz bottle of water: $2.00 • Price for one novelty cup: $25 • Includes 1 drink • Will discount drinks by $1 for entire event • $9 per cup sale will go to the City of Elgin and will be included with our event report • $16 will go to The Bar and will not be included in the profit-sharing Sponsorship: • The procured beer distributor will provide a $3,000 sponsorship to the City of Elgin • The Bar will provide a $10,000 sponsorship check for the exclusive rights for beer service. In exchange for marketing exposure leading up to and at the event - please see the attached • The Bar also agrees to the 10% profit sharing and will share payment and wrap up reports within 30 days of the event. Staffing: • The Bar will provide 2 management personnel at each trailer • The beer distributor will provide 1-2 employees at each trailer. They will be in charge of moving and tapping kegs and will take care of any mechanical issues. • The distributor will also have 2-3 employees that will rotate as needed • All management personnel will have B.A.S.S.E.T. certifications • The Bar will partner with local nonprofits to provide volunteers to work each trailer location • 8-10 of the volunteers will be B.A.S.S.E.T certified at each trailer • All volunteers will be required to meet at The Ashbury (1 Douglas Ave,suite 300) for a pre -event meeting, date and time TBD • They will go over rules, regulations, and expectations for the event • All volunteers will be supplied with T-shirts • All volunteers will be given entrance wristbands at this meeting • All volunteers will be required to be at their specified tent locations by 4 pm Set-Up/Breakdown: • The Bar will utilize a 4-wheel vehicle for set-up (4-wheeler, gator, etc.) • The Bar will utilize separate volunteers for set-up Saturday morning 10/21/23 • The Bar and the beer distributor will begin set-up on Saturday 10/21/23 • Please advise if tents can be set-up on Friday 10120123 • The Bar will supply the lighting at each of the tent locations • The Bar will supply one additional table at each trailer • The Bar will provide a station supply kit at each location • The Bar will break down all of their equipment immediately following the event • The distributor will remove all trailers by the next morning if they cannot complete the task immediately following the event. Miscellaneous • The Bar will supply the 3 main stages with a cooler of beer for the bands • No guests will be served more than two beverages at one time • No guests will be served without the appropriate wristbands • Service will begin promptly at 6:00 pm and cease at 10:30 PM • Pre -planning and day of supervisor Lauren Schroeder: 847-814-7992 • Day of supervisor Doree Haight: 224-407-0763 Expectations of the city: • Two 10' x 10' pop-up tents at each location setup on Saturday morning. o Potential to have two or larger tents near all three stages • The whisky point area will have one 10' x 20' tent setup on Saturday morning. • Four 30" x 96" tables at each location, set up on Saturday morning. • The whisky point location will have six 30" x 96" tables, set up on Saturday morning • Provide 120v, 20-amp electricity at three trailer locations (spider boxes or generators) o Chicago Street location (east), Fountain Square, and Whisky point • Four garbage cans and additional trash bags at each location on Saturday morning. • Two large printed, laminated map/QR code at each location on Saturday morning. • One event walkie talkie will be provided, training on the walkie talkie will be required. To communicate exit and re-entry for beer vendors with event security. • Two locations for back-up beer storage trailers; alley behind The Ashbury & behind Karin Jones' office. (Karin Jones' lot to be confirmed by The Bar) • Manage, staff, and run all I.D Tents • Purchase wristbands • Provide additional wristbands at each beer trailer location • Will deliver the novelty cups to each beer tent prior to 4:00 pm on Saturday • Marketing information regarding the novelty cups will be on the website and social media prior to the event The Bar is excited about the opportunity to partner with the City of Elgin again this year and a number of its nonprofits for this event. Lauren Schroeder The Haight Company DBA The Bar . Beverage Director Nightmare on Chicago Street Sponsorship Inclusions By participating at the $10,000 sponsorship level, we are looking for maximum brand exposure, reaching new audiences, and establishing connections with them via the following: • Premium full media and marketing presence on or before June 1. 2023 to include: • Event website- company name & logo linking to our company's website if possible • Company name & logo on most printed marketing materials • Company name & logo on all digital marketing materials on or before June 1, 2023 ■ Email a All social media platforms, tagging when applicable • Press releases o Reoccurring verbal sponsor acknowledgment/mentions on all stages during the event o Wristbands: www.thehaightelgin.com on all event wristbands, www.dontforgetthebar.com on all 21 + wristbands 0 20 wristbands that can be used for promotional giveaways o Signage at each port-o-let bay, size TBD, event themed, with bar focus.