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HomeMy WebLinkAbout25-0523 Old Republic CONCESSION SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this_23 day of May , 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and ORI, INC, an Illinois corporation, d/b/a OLD REPUBLIC (hereinafter referred to as"Concessionaire"). WHEREAS, City organizes and conducts an annual festival known as the Fourth of July Celebration which is to be held on Saturday, September 13, 2025 (the"Event," herein); and WHEREAS, following a request for proposals(RFP 25-025), 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: 1. Concessionaire shall have the exclusive right during the term of this Agreement to provide beer concession services at the Event, at such locations and in accordance with the terms and conditions of RFP 25-025, attached hereto as Exhibit A and incorporated herein by this reference. 2. 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(2) 10'x20' pop-up tents,eight(8)30"x96"tables and chairs, string lights for up to two (2) 10'x20' pop-up tents, access to power in event zone, BASSET certified ID checkers to issue wristbands near vending location,and site security as determined by public safety at each the vending area. The City will provide one (1) 10'x20' pop-up tents, four (4) 30"x96"tables and chairs, string lights for up to one (I) I0'x20' pop-up tent,access to power in event zone as it applies,and site security as determined by public safety at the VIP vending area. 3. 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. 4. 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. 5. Concessionaire shall pay to City concession fees for the Agreement as follows: a. Either prior to or concurrently with the execution of this Agreement, Concessionaire shall provide to City a sponsorship check from Concessionaire payable to the City of Elgin in the amount of One Thousand Dollars ($1,000.00); b. 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); c. 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. 6. 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. Following completion of the Event, Concessionaire will complete the event wrap up report provided by the City. 7. 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. 8. 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. 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. 9. 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. 10. 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. 11. 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 eight (8) to ten (10) B.A.S.S.E.T certified servers and a minimum of eight(8) to ten (10)points of sale at the vending locations.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 written approval. 2 12. 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. 13. 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. 14. 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. 15. 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. 16. 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." 17. 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 attomey'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. 18. Concessionaire shall not assign, transfer or convey any interest in this Agreement without the written consent of the City. 19. Concessionaire shall not hold itself out as an agent of the City. 3 20. 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. 21. 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. 22. 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. 23. This Agreement shall not be construed so as to create a joint venture, employment, partnership or agency relationship between the parties hereto. 24. 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. 25. 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 4 THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO BY THE PARTIES HERETO AS OF THE DATE FIRST SET FORTH ABOVE. OR1, INC CITY OF ELGIN 1 B �� Y 4/#e71/ Si ature City Manager Nick Smith Attest: Printed Name President h/(1/(j/i`-� Title City Clerk Legal Dept\Agreement\Liquor Concession Agr-Old Republic-Fiesta De Elgin-2025.docx 5 EXHIBIT A City of Elgin Request for Proposal 25-025 Request for Proposals for Event Beer Beverage Concession Operator 6 Request for Proposal �► ELG I N REQUEST FOR PROPOSALS FOR SUMMER CONCERT BEER VENDOR THE CITY IN THE SUBURBS The City of Elgin will receive proposals for the following professional services in the Purchasing Department until 11:00 a.m. local time,Thursday, April 10, 2025. Title of Professional Services: Event Beer Beverage Concession Operator SPECIAL REQUIREMENTS NEED FOR THE COMMUNITY The City of Elgin is currently accepting proposals to provide beer concession services for the city's Festival Park Concert Series this summer. This series consists of three (3) large-scale outdoor events taking place at Festival Park, 132 S. Grove Ave, Elgin, IL, 60120. This Request for Proposal (RFP) represents a publicly advertised and competitively awarded solicitation by The City of Elgin. The City of Elgin reserves the right to reject any or all RFPs, or any part thereof, or to accept any RFP or any part thereof, or to waive informalities in any RFP, if deemed to be in the best interest of the city. BACKGROUND For the past two years, the City of Elgin has hosted a large-scale summer concert series, which has been highly successful and well attended. In light of this success,the series will return in 2025 with the following events: • July Fourth Celebration—Scheduled for the evening of July 4, 2025,this event is expected to attract between 12,000 and 14,000 attendees.A family-friendly event commemorating Independence Day. Attendees can expect festive activities, entertainment, and a celebratory atmosphere. • End of Summer Bash — Taking place on the evening of August 9, 2025, this event is anticipated to welcome approximately 6,000 to 8,000 attendees. A vibrant, family- oriented event that features a new theme each year. Designed to be especially engaging for children, the event includes entertainment and activities suitable for all ages. • La Fiesta de Elgin —Set for September 13, 2025, this event is projected to draw between 12,000 and 15,000 attendees. An annual celebration of Mexican Independence Day that attracts both families and adults. The event offers Spanish entertainment tailored to various age groups, fostering a culturally rich and festive environment. The City of Elgin looks forward to another successful concert season and welcomes all attendees to participate in these community celebrations. SCOPE OF PROVIDER SERVICES Prepare and execute a plan to provide beer concession services for one vending location and one VIP vending location. Provider must be prepared to check IDs at the point of sales location during one, two, or all three of the events. Concession service proposal can be for any combination of all 3 events. The proposal should include a partnership with a distributor which at minimum describes the product offerings, number of kegs per offering, price point for product sale, plan of changing out the product, refrigeration and times for product drop-off and pick-up. Each proposal shall also include a plan for BASSET certification, number of staff and volunteers for set up, breakdown and service, electrical strategy, past experiences dealing with high attendance events, and a supply list including, but not limited to, cups, wristbands and signage. VIP service to include the same beverage offerings but not in draft form; VIP vending is only anticipated for Fourth of July and La Fiesta de Elgin and will be stationed along the western side of Festival Park. VIP service will be offered only in a designated area controlled by ticketing, gates, and security. The following beverage requirements apply to all designated events within the City of Elgin's concert series: • July Fourth Celebration: A minimum of three beverage options must be available, including at least two draft beer selections and up to one seltzer option. VIP vending in cans should be included. • End of Summer Bash: A minimum of three beverage options must be available, including at least two draft beer selections and up to one seltzer option. • La Fiesta de Elgin: A minimum of three beverage options must be available, including at least two draft beer selections, one being Modelo, and up to one seltzer option. Additionally,vendors must have the capability to offer micheladas, either through the use of an existing proposed beer selection or in partnership with another business. VIP service should be included. Furthermore, Spanish bilingual serving staff is required for La Fiesta de Elgin and is strongly encouraged for the July Fourth Celebration and End of Summer Bash. Wine is an acceptable beverage option at all events, provided it is permitted under the applicant's liquor license. However, hard alcohol and liquor are strictly prohibited in any form. One or more beer selections may be determined or edited by potential sponsorships. LOCATIONS FOR SERVICE TENT (on the street/sidewalk): On South Grove Avenue just south of Prairie Street, adjacent to Festival Park. VIP location is within the event footprint along the west side of the park. GENERAL SPECIFICATIONS The City is seeking and will select a concessionaire that best demonstrates the ability to provide affordable and reliable services to event attendees while paying reasonable concession fees to the City of Elgin. The City is open to a proposal that meets or exceeds the ten percent profit sharing along with the one thousand dollar vendor fee per event and the matching one thousand dollar sponsorship fee from the selected beverage supplier. Payment and a wrap-up report of expenses and revenues will be required within 30 days after the event. The awarded proposal can be renewed up to three years. If you are awarded a Concessions Agreement, concession rights may not be sold, transferred, or given to anyone else. The City of Elgin will not be liable for any expense or cost associated with the preparation and/or submittal of a Vendor's response to this RFP. Applicants may submit proposals to serve as a beer vendor for one, two, or all three designated events. GENERAL EXPECTATIONS • Beer Concessions General Operation Schedule: *Not a final schedule o 7:00am Site preparation begins o 3:00pm Vendor arrival and service area set up o 5:00pm Event opens, alcohol sales begin o 10:00pm Last call o 10:20pm Alcohol sales end o 10:30pm Festival closes o 11:00pm Load out and clean up completed. • Expectations of the city: o The city will provide the following at the vending area: ■ Up to two 10'x20' pop-up tents • Up to eight 6' tables • Up to eight folding chairs • Additional tents, tables and chairs may be requested for the purpose of ID checking • String lights for up to two 10'x20' pop-up tents • Access to power in event zone as it applies • BASSET certified ID checkers to issue wristbands near the vending location • Site security as determined by public safety c The city will provide the following at the VIP vending area: • Up to one 10'x20' pop-up tent • Up to four 6' tables • Up to four folding chairs • String lights for up to one 10'x20' pop-up tent • Access to power in event zone as it applies • Site security as determined by public safety • Expectation of the vendor: c Provide one on-site event supervisor. Supervisor's mobile phone and email contact information to be provided to city staff no less than 30 days before the event o Provide all materials, supplies, and equipment required to operate beer concessions including efficiently and effectively, but not limited to, adequate amounts of beer, ice, drink cups, POS equipment, internet service, etc. o The vendor will provide the following staffing at the vending area for each event. Adequate bar back staffing is also expected based on anticipated attendance. • End of Summer Bash: • Provide a minimum of 4 BASSET certified servers at the vending location per event that may also check IDs and issue wristbands • Provide a minimum of 4 points of sale at the vending location per event ■ Fourth of July: • Provide a minimum of 6-8 BASSET certified servers at the vending location per event that may also check IDs and issue wristbands • Provide a minimum of 6-8 points of sale at the vending location per event • La Fiesta de Elgin: • Provide a minimum of 8-10 BASSET certified servers at the vending location per event that may also check IDs and issue wristbands • Provide a minimum of 8-10 points of sale at the vending location per event o The vendor will provide the following at the VIP area for the Fourth of July and La Fiesta de Elgin. Adequate bar back staffing is also expected based on anticipated attendance. • Provide a minimum of 2 BASSET certified personnel to check IDs and issue wristbands at the VIP vending location per event • Provide a minimum of 2 servers at the VIP vending location per event • Provide a minimum of 1 "point of sale" at the VIP vending location per event • Provide vending service at the VIP location that consists of non-draft options consistent with the draft options available at the standard vending location. *The city may request an increase in staffing, ID checkers or points of sale based on the expected attendance. REQUIREMENTS The applicant must operate the concession awarded to you. The applicant must have a brick and mortar location within the city of Elgin and hold a City of Elgin liquor license. Please note: proposals submitted after the deadline date and time or lacking one or more of the following requirements will not be accepted. 1. Please include your name, business name, business address, email address, phone and fax number. 2. All proposals must include the legal name of the organization, firm, individual or partnership submitting the RFP. Include the address of the principal place of business, phone numbers and primary contact person. 3. The proposal must be signed by an official who is legally authorized to bind the organization. 4. Provide all reference materials which includes a valid liquor license, proof of insurance and business plan outlining the provided services. 5. Joint proposals may be submitted. However, dissolution of partnership of joint submission may result in revocation of agreement. 6. If your proposal is accepted, the following will be due upon issuance of your concession agreement: a. Insurance Coverage and Proof of Policy—If your proposal is accepted, you shall obtain and maintain dramshop/liquor liability insurance with a $1,000,000 per occurrence limit for the duration of the agreement. The City of Elgin shall be named additional insured. b. Alcohol Permit — It will be the concessionaire/contractor's responsibility to contact, arrange and apply with specific Illinois and City of Elgin Alcohol Beverage Requirements for all proposed concession sites. It is the responsibility of the contractor to verify adequate water and electrical service available to support the requirements and equipment they intend to operate at a particular location. Any modifications or improvements to the concession area shall be at the sole expense of the contractor and will require advance written approval from the City. Not all improvements requested may be approved. A copy of a current Alcohol Beverage permit must be provided to the city prior to the event opening. c. Contract Agreement (Not Lease) —The contractor understands and agrees the City will only grant concessions by contract and not by lease. Concession agreements will only confer permission to occupy and use the premises described for the purpose of beer beverage concessions. The City will only grant a successful contractor an individual, revocable and non-transferable privilege of use in the premises for the concession granted. EVALUATION CRITERIA It is the purpose of this Request for Proposal to obtain the highest quality services and to maximize to the fullest extent the profit-sharing offerings in order to offset event expenses. A panel of city staff will review the qualified proposals as submitted. The panel will score the RFP proposals, determine the highest qualified applicants, conduct interviews if necessary, and make final recommendation to the city manager regarding the award. When evaluating any proposal, The City of Elgin shall consider: (a) All requirements above are met; (b) Competence to perform the services as reflected by technical training and general experience in providing the required services and the qualifications and competence of persons who would be assigned to perform the services; (c) Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment, and facilities to perform the services expeditiously; (d) Past performance as reflected by the evaluation of private persons and officials or other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines; (e) Estimated cost and cost limitations; (f) Financial responsibility; (g) Provide the best products to be offered — prices, quality and value; (h) Meet licensing and insurance requirements; (i) Meet professional appearances, vibrancy, quality of unit/business, character/theme attributes, and cleanliness standards; (j) Preference may be given to past participants; (k) Other pertinent considerations and information determined by the city to be relevant. EXHIBIT B Proposal to the City of Elgin— Event Beer Beverage Concession Operator Submitted by [OR1, INC d/b/a OLD REPUBLIC] for City of Elgin Request for Proposal 25-025 7 155 S Randall Road Elgin, IL 60123 old dirk Phone: 224.535.9544 republic p Fax: 224.535.8504 kitchen*bar info@oldrepublicbar.com March 28, 2025 City of Elgin 150 Dexter Court Re: Request for Proposal - RFP 25-025 Beer Vendor Event Beer Beverage Concession Operator OR1, INC d/b/a OLD REPUBLIC is pleased to submit a proposal to provide beer concession services for the city of Elgin's Festival Park Concert Series taking place in summer 2025. Specifically,this proposal is for the FOURTH OF JULY CELEBRATION and LA FIESTA DE ELGIN. Old Republic commits to the following scope and services for both events: - Central Location with provided pop-up tents,tables, chairs, lights, etc. for the purpose of concession sales and checking IDs at the point of sale - Basset Certificates on hand for all staff including on-site supervisor - No less than a staff of twelve servers for FOURTH OF JULY and twenty servers for LA FIESTA DE ELGIN - Prepared with all necessary materials, signage, supplies, interne,equipment, beer, cups, POS equipment, etc. - Following Operation Schedule (when applicable) from set up to load out/clean up - For both FOURTH OF JULY and LA FIESTA DE ELGIN; OR1 will partner with Elgin Beverage as a selected beverage supplier - The city of Elgin would share in ten percent of the profits of each event in addition to a thousand- dollar vendor fee and thousand dollar sponsorship fee for a total of four thousand dollars Tentatively, we would offer at least three beer options,hard seltzer and bottled water for the FOURTH OF JULY celebration. The LA FIESTA DE ELGIN celebration we would offer at least two beer options(one being MODELO®), hard seltzer, bottled water and a michelada option. FOURTH OF JULY(tentative): Refrigerator Truck with Product arrives in Festival Park at 8am and hooks up with available city power. The truck would be stocked with at least 10 kegs of Modelo, 5 kegs of Corona Premier, 3 kegs of a local craft beer, 30 cases of hard seltzer and 8 cases of bottled water. In addition, for the VIP area, we would stock aluminum can offerings of Modelo and Corona Premier in addition to hard seltzer and bottled water. Quantities and Pricing TBD. The price point for Modelo and Corona pints would be $8, craft pints$9, seltzer$8 and water$3. LA FIESTA DE ELGIN (tentative): Refrigerator Truck with Product arrives in Festival Park at 8am and hooks up with available city power. The truck would be stocked with at least 32 kegs of Modelo, 5 kegs of OK A R A S viliaae RestaurantGroup ' *�' 'f . Ui � alex ander$ reIic I ' . �T �e Good places to be. �Rertaurants •�*^1 pkitn.bcr 155 S Randall Road Elgin, IL 60123 reubIic � Phone:Fax: 224.535.8504 kitchen*bar info@oldrepublicbar.com Modelo Negra, 30 cases of hard seltzer and 15 cases of bottled water. In addition, we will offer a michelada option at the same POS from a local supplier. We would welcome the same partnership with the city to prepare and serve the michelada's as 2024 or; if desired, execute a different"in-house" plan. The price point for Modelo and Modelo Negra pints would be $8, craft pints $9, seltzer$8 and water$3. Michelada prices TBD. In addition, for the VIP area, we would stock aluminum can offerings of Modelo and Corona Premier in addition to hard seltzer and bottled water. Quantities and Pricing TBD. These tentative offerings and numbers are based on the successful partnership between the city of Elgin and OR1 from 2023 and 2024, in respect to the FOURTH OF JULY and HISPANIC HERITAGE celebrations. We trust that from a profit/loss perspective and festival goer feedback—OR1 has demonstrated proficient and exceptional service for past events as demonstrated with the previous 2023-2024 celebrations: FOURTH OF JULY and HISPANIC HERITAGE. Please find attached: 1) Equal Employment Commitment/AAF Plan 2) Bidder's Employee Utilization Form 3) Certification Requirements 4) State and City Liquor License 5) Sexual Harassment From 6) Tax/Collusion/Debarment/Prevailing Wage/Legal Status of Employees Affidavit 7) References Lastly, we greatly enjoyed the collaboration with the city and its staff and wish for it to continue in any area that we could be helpful. Thank you for the consideration, Nick Smith President OR1, INC Ce K A R A S � ��lt�&Q alexanders reIicRestaurant Gup .. ItJ - nd Good places to be. Resta��b "`�" kitchen-bcr 155 S Randall Road Elgin, IL 60123 old * repubre • u Phone: 224.535.9544 lic Fax: 224.535.8504 kitchen*bar info@oldrepublicbar.com Re: Equal Employment Opportunity ORI, INC d/b/a OLD REPUBLIC is an Equal Opportunity Employer. We believe that no one should be discriminated against because of their differences, such as age, disability, ethnicity, gender, gender identity and expression, religion, or sexual orientation. All employment decisions shall be made without regard to age, race, creed, color, religion, sex, national origin, ancestry, disability status, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, citizenship status or any other basis as protected by federal, state, or local law. OR1, INC is committed to providing veteran employment opportunities to our service men and women. For more information or details; a copy of our written handbook can be requested. If you have any questions: My Cell Phone is 630-698-3331. Email: nick@oldrepublicbar.com oldrepublicbar.com Best, Nick Smith Owner OReaurantGwupalexanders °! tt' J A tm .-2 — ride . jJj' Good places to beA.•..::; -ar Restaurants kitchen-bar ,`..I �� .\'III, .� O"' lii ) \\\' City of Elgin, Illinois BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action - City Contracts 1. Name and Address of Bidder 2. Description of Project OR1, INC Beer Vendor 155 S Randall Rd Elgin, IL 60123 JOB CATEGORIES Total African Caucasian Hispanic Asians or lndigenou Minority Female(All Employees American Pacific s People (M&F) Categories) Islanders M / F M / F M/ F M / F M / F Example: 18 3 / 5 3 /2 4/0 0/1 0/0 55.6% 44.4°io Managers (10/18) (8/18) Beer Vendors 10 0/0 1/7 1/1 90% 90% TOTALS Signatur o ompany Official Title Telephone Number Date Si ned Page �- - Manager 630-698-3331 2/2/24 of 2. Have you ever been awarded a bid by the City of Elgin? Yes X No 3. If the answer to question #2 is Yes, please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. Please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. An Employee Utilization Form is required for any subcontractors. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in part. 4 ::. spas FLUMINIl •'.. I n' ..� + I �on/ ! :•` •.."r'ATFD FEQ'•'•-•• City of Elgin, Illinois BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action-City Contracts 1. Name and Address of Bidder 2. Description of Project JOB CATEGORIES Total African Caucasian Hispanic Asians or indigenou Minority Female(All Employees American Pacific s People (M&F) Categories) Islanders M / F M / F M/ F MIF M / F Example: 18 3 / 5 3 /2 4/0 0/1 0/0 55.6% 44.4% Managers (10/18) (8/18) TOTALS Signatu ompany Official Title Telephone Number Date Signed Page tA of 2. Have you ever been awarded a bid by the City of Elgin? Yes No 3. If the answer to question #2 is Yes, please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. Please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. An Employee Utilization Form is required for any subcontractors. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in part. 4 _9 , ,t ' . : �. ,off .,;,. . tip,;. •gED FF•'''` City of Elgin, Illinois Certification Requirements Please submit all required forms and documentation, fully completed and signed, with your proposal. No proposal will be accepted without this information. 1. To assure compliance with the City of Elgin's Affirmative Action Ordinance, all contractors and vendors.Herein referred to as"bidders",are requested to submit the following information: a. Workforce analysis using the enclosed Bidder's Employee Utilization form. b. Provide the information required in Item #3 on the employee utilization form if the answer to Question#2 on the form is"Yes". c. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity.(A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) 2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must submit a signed sexual harassment form enclosed with the Invitation to Bid. 3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. 4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating. 5. The successful bidder agrees that upon acceptance by the City of Elgin,the executed Invitation to Bid along with all instructions,conditions,and specifications attached thereto constitute a binding contract which may be enforced by the city. Signature/Title Company Name Address Phone Number Email Address FEIN No. V`.,.'UNBs FLUM \ `; City of Elgin, Illinois Sexual Harassment - - Policies and Programs Effective July 1, 1993,every party to any contract with the City of Elgin and every eligible bidder is required to have written sexual harassment policies that include, at a minimum, the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law • a description of sexual harassment, utilizing examples • a vendor's internal complaint process including penalties and a description of the means by which complaining parties may complain directly to management personnel other than the alleged harassing individual • the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission • directions on how to contact the department and commission • protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set forth above,and I hereby agree to furnish the City of Elgin - Human Resources Department with a copy of these policies if they so request. Signature/Title Company Date Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin-Human Resources Department at(847)931- 6049. The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands,costs of judgment against it arising from any complaint based on unlawful harassment and/or employment action, including, but not limited to termination, based on any protected category as provided by law, including, but not limited to, sexual harassment resulting from the act of any member of my organization in the performance of this contract. Signature/Title '�— Company Date CITY OF ELGIN,ILLINOIS TAX/COLLUSION/DEBARMENT/PREVAILING WAGE/LEGAL STATUS OF EMPLOYEES AFFIDAVIT State of Illinois ss. County of Kane , being first duly sworn, hereby deposes and states: (I) That s/he is the President of the party making the foregoing bid. (2) That the bidder is not barred from contracting with any unit of local government for any reason, including but not limited to debarment as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5/33E-4,as amended. (3) That no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain competition by agreement has taken place. (4) That the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting any such tax. (5) That the bidder hereby certifies: [check all that apply] x • Bidder has not received any notices of violations of the Illinois Prevailing Wage Act(820 ILCS 130/0.01 et seq.) • In the event any such notice has been received by bidder,a copy of any such notice is attached hereto. • In the event that bidder has received such a notice, any documentation demonstrating the resolution of any such notice is attached hereto. • For each such notice received by bidder, the matter has been resolved as follows: (6) That the bidder hereby certifies that it shall comply with the provisions of the Prevailing Wage Act(820 1LCS 130/0.01 et seq.). (7) That the bidder hereby certifies, represents and warrants that all of bidder's employees and/or agents who will be providing products and/or services with respect to the subject bid and contract are and shall be legal residents of the United States,are and shall be legally authorized to perform any such applicable work and/or services. Signature of Bidder,if an individual: Signature of Bidder, if a partnership: Subscribed and sworn to Partner(indicate General or Limited) before rme this day of Pr1 ,20 Signature of r, if a corporation: My commi io expires: '1 y�'�tr'I Presidentf Ainficte C. OffIDIAL SEAL DANIEL G LANE NOTARY PUBLIC,STATE OF ILLINOIS Secretary MY COMMISSION EXPIRES:02/05/2027 Signature of Bidder, if a limited liability company: Member or Manager CONCESSION SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this_23 day of May , 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as"City") and OR1, INC, an Illinois corporation, d/b/a OLD REPUBLIC (hereinafter referred to as"Concessionaire"). WHEREAS, City organizes and conducts an annual festival known as the Fourth of July Celebration which is to be held on Friday,July 4, 2025 (the"Event,"herein); and WHEREAS, following a request for proposals(RFP 25-025), 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: 1. Concessionaire shall have the exclusive right during the term of this Agreement to provide beer concession services at the Event, at such locations and in accordance with the terms and conditions of RFP 25-025, attached hereto as Exhibit A and incorporated herein by this reference. 2. 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(2) 10'x20' pop-up tents,eight(8)30"x96"tables and chairs, string lights for up to two (2) 10'x20' pop-up tents, access to power in event zone, BASSET certified ID checkers to issue wristbands near vending location,and site security as determined by public safety at each the vending area. The City will provide one (1) 10'x20' pop-up tents, four (4) 30"x96"tables and chairs, string lights for up to one (1) 10'x20' pop-up tent,access to power in event zone as it applies,and site security as determined by public safety at the VIP vending area. 3. 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. 4. 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. 5. Concessionaire shall pay to City concession fees for the Agreement as follows: a. Either prior to or concurrently with the execution of this Agreement, Concessionaire shall provide to City a sponsorship check from Concessionaire payable to the City of Elgin in the amount of One Thousand Dollars ($1,000.00); b. 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); c. 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. 6. 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. Following completion of the Event, Concessionaire will complete the event wrap up report provided by the City. 7. 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. 8. 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. 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. 9. 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. 10. 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. 11. 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 six (6) to eight (8) B.A.S.S.E.T certified servers and a minimum of six (6) to eight (8) points of sale at the vending locations.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 written approval. 2 12. 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. 13. 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. 14. 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. 15. 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. 16. 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." 17. 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. 18. Concessionaire shall not assign, transfer or convey any interest in this Agreement without the written consent of the City. 19. Concessionaire shall not hold itself out as an agent of the City. 3 20. 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. 21. 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. 22. 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. 23. This Agreement shall not be construed so as to create a joint venture, employment, partnership or agency relationship between the parties hereto. 24. 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. 25. 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 4 THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO BY THE PARTIES HERETO AS OF THE DATE FIRST SET FORTH ABOVE. OR I, INC CITY OF ELGIN 13;4/41frie /7 Sig ture City Manager Nick Smith Attest: Printed Name President al‘Z‘6 Title City Clerk Legal Dept\Agreement\Liquor Concession Agr-Old Republic-Fourth of July-2025 docx 5 EXHIBIT A City of Elgin Request for Proposal 25-025 Request for Proposals for Event Beer Beverage Concession Operator 6 Request for Proposal J r� ELG I N REQUEST FOR PROPOSALS FOR SUMMER CONCERT BEER VENDOR THE CITY IN THE SUBURBS The City of Elgin will receive proposals for the following professional services in the Purchasing Department until 11:00 a.m. local time,Thursday, April 10, 2025. Title of Professional Services: Event Beer Beverage Concession Operator SPECIAL REQUIREMENTS NEED FOR THE COMMUNITY The City of Elgin is currently accepting proposals to provide beer concession services for the city's Festival Park Concert Series this summer. This series consists of three (3) large-scale outdoor events taking place at Festival Park, 132 S. Grove Ave, Elgin, IL, 60120. This Request for Proposal (RFP) represents a publicly advertised and competitively awarded solicitation by The City of Elgin. The City of Elgin reserves the right to reject any or all RFPs, or any part thereof, or to accept any RFP or any part thereof, or to waive informalities in any RFP, if deemed to be in the best interest of the city. BACKGROUND For the past two years, the City of Elgin has hosted a large-scale summer concert series, which has been highly successful and well attended. In light of this success,the series will return in 2025 with the following events: • July Fourth Celebration—Scheduled for the evening of July 4, 2025,this event is expected to attract between 12,000 and 14,000 attendees.A family-friendly event commemorating Independence Day. Attendees can expect festive activities, entertainment, and a celebratory atmosphere. • End of Summer Bash — Taking place on the evening of August 9, 2025, this event is anticipated to welcome approximately 6,000 to 8,000 attendees. A vibrant, family- oriented event that features a new theme each year. Designed to be especially engaging for children, the event includes entertainment and activities suitable for all ages. • La Fiesta de Elgin—Set for September 13, 2025, this event is projected to draw between 12,000 and 15,000 attendees. An annual celebration of Mexican Independence Day that attracts both families and adults. The event offers Spanish entertainment tailored to various age groups, fostering a culturally rich and festive environment. The City of Elgin looks forward to another successful concert season and welcomes all attendees to participate in these community celebrations. SCOPE OF PROVIDER SERVICES Prepare and execute a plan to provide beer concession services for one vending location and one VIP vending location. Provider must be prepared to check IDs at the point of sales location during one, two, or all three of the events. Concession service proposal can be for any combination of all 3 events. The proposal should include a partnership with a distributor which at minimum describes the product offerings, number of kegs per offering, price point for product sale, plan of changing out the product, refrigeration and times for product drop-off and pick-up. Each proposal shall also include a plan for BASSET certification, number of staff and volunteers for set up, breakdown and service, electrical strategy, past experiences dealing with high attendance events, and a supply list including, but not limited to, cups, wristbands and signage. VIP service to include the same beverage offerings but not in draft form; VIP vending is only anticipated for Fourth of July and La Fiesta de Elgin and will be stationed along the western side of Festival Park. VIP service will be offered only in a designated area controlled by ticketing, gates, and security. The following beverage requirements apply to all designated events within the City of Elgin's concert series: • July Fourth Celebration: A minimum of three beverage options must be available, including at least two draft beer selections and up to one seltzer option. VIP vending in cans should be included. • End of Summer Bash: A minimum of three beverage options must be available, including at least two draft beer selections and up to one seltzer option. • La Fiesta de Elgin: A minimum of three beverage options must be available, including at least two draft beer selections, one being Modelo, and up to one seltzer option. Additionally,vendors must have the capability to offer micheladas, either through the use of an existing proposed beer selection or in partnership with another business.VIP service should be included. Furthermore, Spanish bilingual serving staff is required for La Fiesta de Elgin and is strongly encouraged for the July Fourth Celebration and End of Summer Bash. Wine is an acceptable beverage option at all events, provided it is permitted under the applicant's liquor license. However, hard alcohol and liquor are strictly prohibited in any form. One or more beer selections may be determined or edited by potential sponsorships. LOCATIONS FOR SERVICE TENT (on the street/sidewalk): On South Grove Avenue just south of Prairie Street, adjacent to Festival Park. VIP location is within the event footprint along the west side of the park. GENERAL SPECIFICATIONS The City is seeking and will select a concessionaire that best demonstrates the ability to provide affordable and reliable services to event attendees while paying reasonable concession fees to the City of Elgin. The City is open to a proposal that meets or exceeds the ten percent profit sharing along with the one thousand dollar vendor fee per event and the matching one thousand dollar sponsorship fee from the selected beverage supplier. Payment and a wrap-up report of expenses and revenues will be required within 30 days after the event. The awarded proposal can be renewed up to three years. If you are awarded a Concessions Agreement, concession rights may not be sold, transferred, or given to anyone else. The City of Elgin will not be liable for any expense or cost associated with the preparation and/or submittal of a Vendor's response to this RFP. Applicants may submit proposals to serve as a beer vendor for one, two, or all three designated events. GENERAL EXPECTATIONS • Beer Concessions General Operation Schedule: *Not a final schedule o 7:00am Site preparation begins o 3:00pm Vendor arrival and service area set up o 5:00pm Event opens, alcohol sales begin o 10:00pm Last call o 10:20pm Alcohol sales end o 10:30pm Festival closes o 11:00pm Load out and clean up completed. • Expectations of the city: a The city will provide the following at the vending area: ■ Up to two 10'x20' pop-up tents ■ Up to eight 6' tables ■ Up to eight folding chairs ■ Additional tents, tables and chairs may be requested for the purpose of ID checking ■ String lights for up to two 10'x20' pop-up tents ■ Access to power in event zone as it applies ■ BASSET certified ID checkers to issue wristbands near the vending location ■ Site security as determined by public safety o The city will provide the following at the VIP vending area: ■ Up to one 10'x20' pop-up tent ■ Up to four 6' tables ■ Up to four folding chairs ■ String lights for up to one 10'x20' pop-up tent ■ Access to power in event zone as it applies ■ Site security as determined by public safety • Expectation of the vendor: c Provide one on-site event supervisor. Supervisor's mobile phone and email contact information to be provided to city staff no less than 30 days before the event c Provide all materials, supplies, and equipment required to operate beer concessions including efficiently and effectively, but not limited to, adequate amounts of beer, ice, drink cups, POS equipment, internet service, etc. c The vendor will provide the following staffing at the vending area for each event. Adequate bar back staffing is also expected based on anticipated attendance. ■ End of Summer Bash: • Provide a minimum of 4 BASSET certified servers at the vending location per event that may also check IDs and issue wristbands • Provide a minimum of 4 points of sale at the vending location per event ■ Fourth of July: • Provide a minimum of 6-8 BASSET certified servers at the vending location per event that may also check IDs and issue wristbands • Provide a minimum of 6-8 points of sale at the vending location per event • La Fiesta de Elgin: • Provide a minimum of 8-10 BASSET certified servers at the vending location per event that may also check IDs and issue wristbands • Provide a minimum of 8-10 points of sale at the vending location per event c The vendor will provide the following at the VIP area for the Fourth of July and La Fiesta de Elgin. Adequate bar back staffing is also expected based on anticipated attendance. • Provide a minimum of 2 BASSET certified personnel to check IDs and issue wristbands at the VIP vending location per event • Provide a minimum of 2 servers at the VIP vending location per event • Provide a minimum of 1 "point of sale" at the VIP vending location per event • Provide vending service at the VIP location that consists of non-draft options consistent with the draft options available at the standard vending location. *The city may request an increase in staffing, ID checkers or points of sale based on the expected attendance. REQUIREMENTS The applicant must operate the concession awarded to you. The applicant must have a brick and mortar location within the city of Elgin and hold a City of Elgin liquor license. Please note: proposals submitted after the deadline date and time or lacking one or more of the following requirements will not be accepted. 1. Please include your name, business name, business address, email address, phone and fax number. 2. All proposals must include the legal name of the organization, firm, individual or partnership submitting the RFP. Include the address of the principal place of business, phone numbers and primary contact person. 3. The proposal must be signed by an official who is legally authorized to bind the organization. 4. Provide all reference materials which includes a valid liquor license, proof of insurance and business plan outlining the provided services. 5. Joint proposals may be submitted. However, dissolution of partnership of joint submission may result in revocation of agreement. 6. If your proposal is accepted, the following will be due upon issuance of your concession agreement: a. Insurance Coverage and Proof of Policy—If your proposal is accepted, you shall obtain and maintain dramshop/liquor liability insurance with a $1,000,000 per occurrence limit for the duration of the agreement. The City of Elgin shall be named additional insured. b. Alcohol Permit — It will be the concessionaire/contractor's responsibility to contact, arrange and apply with specific Illinois and City of Elgin Alcohol Beverage Requirements for all proposed concession sites. It is the responsibility of the contractor to verify adequate water and electrical service available to support the requirements and equipment they intend to operate at a particular location. Any modifications or improvements to the concession area shall be at the sole expense of the contractor and will require advance written approval from the City. Not all improvements requested may be approved. A copy of a current Alcohol Beverage permit must be provided to the city prior to the event opening. c. Contract Agreement (Not Lease)—The contractor understands and agrees the City will only grant concessions by contract and not by lease. Concession agreements will only confer permission to occupy and use the premises described for the purpose of beer beverage concessions. The City will only grant a successful contractor an individual, revocable and non-transferable privilege of use in the premises for the concession granted. EVALUATION CRITERIA It is the purpose of this Request for Proposal to obtain the highest quality services and to maximize to the fullest extent the profit-sharing offerings in order to offset event expenses. A panel of city staff will review the qualified proposals as submitted. The panel will score the RFP proposals, determine the highest qualified applicants, conduct interviews if necessary, and make final recommendation to the city manager regarding the award. When evaluating any proposal, The City of Elgin shall consider: (a) All requirements above are met; (b) Competence to perform the services as reflected by technical training and general experience in providing the required services and the qualifications and competence of persons who would be assigned to perform the services; (c) Ability to perform the services as reflected by workload and the availability of adequate personnel, equipment, and facilities to perform the services expeditiously; (d) Past performance as reflected by the evaluation of private persons and officials or other governmental entities that have retained the services of the firm with respect to such factors as control of costs, quality of work, and an ability to meet deadlines; (e) Estimated cost and cost limitations; (f) Financial responsibility; (g) Provide the best products to be offered — prices, quality and value; (h) Meet licensing and insurance requirements; (i) Meet professional appearances, vibrancy, quality of unit/business, character/theme attributes, and cleanliness standards; (j) Preference may be given to past participants; (k) Other pertinent considerations and information determined by the city to be relevant. EXHIBIT B Proposal to the City of Elgin — Event Beer Beverage Concession Operator Submitted by [ORI, INC d/b/a OLD REPUBLIC] for City of Elgin Request for Proposal 25-025 7 155 S Randall Road Elgin, IL 60123 old re r Phone: 224.535.9544 Fax: 224.535.8504 kitchen*bar info@oldrepublicbar.com March 28, 2025 City of Elgin 150 Dexter Court Re: Request for Proposal - RFP 25-025 Beer Vendor Event Beer Beverage Concession Operator OR1, INC d/b/a OLD REPUBLIC is pleased to submit a proposal to provide beer concession services for the city of Elgin's Festival Park Concert Series taking place in summer 2025. Specifically,this proposal is for the FOURTH OF JULY CELEBRATION and LA FIESTA DE ELGIN. Old Republic commits to the following scope and services for both events: - Central Location with provided pop-up tents,tables, chairs, lights, etc. for the purpose of concession sales and checking IDs at the point of sale - Basset Certificates on hand for all staff including on-site supervisor - No less than a staff of twelve servers for FOURTH OF JULY and twenty servers for LA FIESTA DE ELGIN - Prepared with all necessary materials, signage,supplies, interne, equipment, beer,cups, POS equipment, etc. - Following Operation Schedule(when applicable) from set up to load out/clean up - For both FOURTH OF JULY and LA FIESTA DE ELGIN; OR1 will partner with Elgin Beverage as a selected beverage supplier - The city of Elgin would share in ten percent of the profits of each event in addition to a thousand- dollar vendor fee and thousand dollar sponsorship fee for a total of four thousand dollars Tentatively,we would offer at least three beer options,hard seltzer and bottled water for the FOURTH OF JULY celebration. The LA FIESTA DE ELGIN celebration we would offer at least two beer options(one being MODELO®), hard seltzer, bottled water and a michelada option. FOURTH OF JULY(tentative): Refrigerator Truck with Product arrives in Festival Park at 8am and hooks up with available city power. The truck would be stocked with at least 10 kegs of Modelo, 5 kegs of Corona Premier, 3 kegs of a local craft beer, 30 cases of hard seltzer and 8 cases of bottled water. In addition, for the VIP area,we would stock aluminum can offerings of Modelo and Corona Premier in addition to hard seltzer and bottled water. Quantities and Pricing TBD. The price point for Modelo and Corona pints would be $8, craft pints$9, seltzer$8 and water$3. LA FIESTA DE ELGIN (tentative): Refrigerator Truck with Product arrives in Festival Park at 8am and hooks up with available city power. The truck would be stocked with at least 32 kegs of Modelo, 5 kegs of aKARAS tht'Viltase Ain Restaurant Group *, , $ aexaner'sreiiC Good places to be Restaurants `-W e �kltchen•bQ 155 S Randall Road Elgin, IL 60123 old dig%re Phone: 224.535.9544 pblic Fax: 224.535.8504 kitchen*bar info@oldrepublicbar.com Modelo Negra, 30 cases of hard seltzer and 15 cases of bottled water. In addition. we will offer a michelada option at the same POS from a local supplier. We would welcome the same partnership with the city to prepare and serve the michelada's as 2024 or; if desired, execute a different `'in-house" plan. The price point for Modelo and Modelo Negra pints would be $8, craft pints $9, seltzer$8 and water$3. Michelada prices TBD. In addition, for the VIP area, we would stock aluminum can offerings of Modelo and Corona Premier in addition to hard seltzer and bottled water. Quantities and Pricing TBD. These tentative offerings and numbers are based on the successful partnership between the city of Elgin and OR1 from 2023 and 2024, in respect to the FOURTH OF JULY and HISPANIC HERITAGE celebrations. We trust that from a profit/loss perspective and festival goer feedback—OR1 has demonstrated proficient and exceptional service for past events as demonstrated with the previous 2023-2024 celebrations: FOURTH OF JULY and HISPANIC HERITAGE. Please find attached: 1) Equal Employment Commitment/AAF Plan 2) Bidder's Employee Utilization Form 3) Certification Requirements 4) State and City Liquor License 5) Sexual Harassment From 6) Tax/Collusion/Debarment/Prevailing Wage/Legal Status of Employees Affidavit 7) References Lastly, we greatly enjoyed the collaboration with the city and its staff and wish for it to continue in any area that we could be helpful. Thank you for the consideration, Nick Smith President OR1, INC e• K A R A S tit'Value Restaurant Group et i, . $94.231 alexanders reIic Good places to be Uu��° —'�� pkitchen.bar 155 S Randall Road Elgin, IL 60123 old 1 IA re • u Phone: 224.535.9544 — bbe Fax: 224.535.8504 kitchen*bar info@oldrepublicbar.com Re: Equal Employment Opportunity OR1, INC d/b/a OLD REPUBLIC is an Equal Opportunity Employer. We believe that no one should be discriminated against because of their differences, such as age, disability, ethnicity, gender, gender identity and expression, religion, or sexual orientation. All employment decisions shall be made without regard to age, race, creed, color, religion, sex, national origin, ancestry, disability status, veteran status, sexual orientation, gender identity or expression, genetic information, marital status, citizenship status or any other basis as protected by federal, state, or local law. OR 1, INC is committed to providing veteran employment opportunities to our service men and women. For more information or details; a copy of our written handbook can be requested. If you have any questions: My Cell Phone is 630-698-3331. Email: nick@oldrepublicbar.com Best, Nick Smith Owner eX$ KARAS Restaurant Group ;E' i %Quire alexander's reIic Good places to be. • ` Restaurants �kltchen•bar `�� o F E<C, v �mK'u ,,,0. ,,,k, " ti . • r }. - \1I11 /' O4'•I/11) \°' City of Elgin, Illinois BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action - City Contracts 1. Name and Address of Bidder 2. Description of Project OR1, INC Beer Vendor _ 155 S Randall Rd Elgin, IL 60123 _ JOB CATEGORIES Total African Caucasian — Hispanic - Asians or Indigenou Minority Female(All Employees American Pacific s People (M&F) Categories) Islanders M / F M / F M/ F M / F M / F Example: 18 3 /5 3 /2 4/0 0/I 0/0 55.6% 44.4% Managers (10/18) (8/18) Beer Vendors 10 0/0 1/7 1/1 90% 90% TOTALS Signatur o ompany Official Title Telephone Number Date Signed Page , y� Manager 630-698-3331 2/2/24 of 2. Have you ever been awarded a bid by the City of Elgin? Yes x No 3. If the answer to question #2 is Yes, please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. Please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. An Employee Utilization Form is required for any subcontractors. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in part. 4 tos - O �''ATED W6-:••'•.., .................. City of Elgin,Illinois BIDDER'S EMPLOYEE UTILIZATION FORM This report is required by the City of Elgin and must be submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action-City Contracts 1. Name and Address of Bidder 2. Description of Project JOB CATEGORIES Total African Caucasian Hispanic Asians or Indigenou Minority Female(All Employees American Pacific s People (M&F) Categories) Islanders M / F M / F M/ F M / F M / F Example: I8 3 / 5 3 / 2 4/0 0/1 0/0 55.6% 44.4% Managers (10/18) (8/18) TOTALS Signatu ' ompany Official Title Telephone Number Date Signed Page _ 01 2. Have you ever been awarded a bid by the City of Elgin? Yes No 3. If the answer to question#2 is Yes, please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. Please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. An Employee Utilization Form is required for any subcontractors. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in part. 4 `��...OF Et. Ci oefous �o L ! IIt City of Elgin, Illinois Certification Requirements Please submit all required forms and documentation, fully completed and signed, with your proposal. No proposal will be accepted without this information. 1. To assure compliance with the City of Elgin's Affirmative Action Ordinance, all contractors and vendors. Herein referred to as"bidders", are requested to submit the following information: a. Workforce analysis using the enclosed Bidder's Employee Utilization form. b. Provide the information required in Item #3 on the employee utilization form if the answer to Question # 2 on the form is"Yes". c. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity. (A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) 2. To assure compliance with the City of Elgin's Sexual Harassment Ordinance, all bidders must submit a signed sexual harassment form enclosed with the Invitation to Bid. 3. The undersigned certifies that the offerer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. 4. The undersigned certifies that the offerer is not barred from offering on this solicitation as a result of a conviction for the violation of State law prohibiting bid-rigging or bid-rotating. 5. The successful bidder agrees that upon acceptance by the City of Elgin, the executed Invitation to Bid along with all instructions,conditions, and specifications attached thereto constitute a binding contract which may be enforced by the city. Signature/Title Company Name Address Phone Number Email Address FEIN No. ;' G:. sFWMhIiq Y • .9 � .�.`t • AO �ATED City of Elgin, Illinois Sexual Harassment - - Policies and Programs Effective July 1, 1993,every party to any contract with the City of Elgin and every eligible bidder is required to have written sexual harassment policies that include, at a minimum, the following information: • the illegality of sexual harassment • the definition of sexual harassment under state law • a description of sexual harassment, utilizing examples • a vendor's internal complaint process including penalties and a description of the means by which complaining parties may complain directly to management personnel other than the alleged harassing individual • the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission • directions on how to contact the department and commission • protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set forth above,and I hereby agree to furnish the City of Elgin - Human Resources Department with a copy of these policies if they so request. Signature/Title Company Date Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin-Human Resources Department at(847)931- 6049. The undersigned, on behalf of the undersigned company, hereby agrees to fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, costs of judgment against it arising from any complaint based on unlawful harassment and/or employment action, including, but not limited to termination, based on any protected category as provided by law, including, but not limited to, sexual harassment resulting from the act of any member of my organization in the performance of this contract. Signature/Title tf:s_ Company Date CITY OF ELGIN,ILLINOIS TAX/COLLUSION/DEBARMENT/PREVAILING WAGE/LEGAL STATUS OF EMPLOYEES AFFIDAVIT State of Illinois ss. County of Kane , being first duly sworn, hereby deposes and states: (1) That s/he is the President of the party making the foregoing bid. (2) That the bidder is not barred from contracting with any unit of local government for any reason, including but not limited to debarment as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5/33E-4,as amended. (3) That no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain competition by agreement has taken place. (4) That the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting any such tax. (5) That the bidder hereby certifies: [check all that apply] x ■ Bidder has not received any notices of violations of the Illinois Prevailing Wage Act(820 ILCS 130/0.01 et seq.) • in the event any such notice has been received by bidder,a copy of any such notice is attached hereto. • In the event that bidder has received such a notice, any documentation demonstrating the resolution of any such notice is attached hereto. • For each such notice received by bidder, the matter has been resolved as follows: (6) That the bidder hereby certifies that it shall comply with the provisions of the Prevailing Wage Act(820 ILCS 130/0.01 et seq.). (7) That the bidder hereby certifies, represents and warrants that all of bidder's employees and/or agents who will be providing products and/or services with respect to the subject bid and contract are and shall be legal residents of the United States,are and shall be legally authorized to perform any such applicable work and/or services. Signature of Bidder, if an individual: Signature of Bidder, if a partnership: Subscribed and sworn to Partner(indicate General or Limited) beforAeme this it day of Signature of : I r, if a corporation: My commi io expires: Yi/f President flaAwb".. OFFICIAL SEAL DANIEL G LANE Secretary ( NOTARY PUBLIC.STATE OF ILLINOIS MY COMMISSION EXPIRES.02/0512027 Signature of Bidder, if a limited liability company: Member or Manager