HomeMy WebLinkAbout26-0401 Old Republic (2) CONCESSION SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this_1 day of April ,
2026, 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 La Fiesta de
Elgin which is to be held on Saturday, September 12,2026(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 up to four(4) 10'x20' pop-up tents, twelve (12) 30"x96" tables
and chairs, string lights for up to four (4) 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.
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.
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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.
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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
THIS AGREEMENT IS HEREBY MADE AND ENTERED INTO BY THE PARTIES HERETO
AS OF THE DATE FIRST SET FORTH ABOVE.
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OR I, INC CITY OF ELGIN
By
Signatu City Manager
Nick Smith Attest:
Printed Name
ha.(1)
President
Title City Clerk
Legal Dept\Agreement\Liquor Concession Agr-Old Republic-Fiesta de Elgtn-2026.docx
5
EXHIBIT A
City of Elgin Request for Proposal 25-025
Request for Proposals for Event Beer Beverage Concession Operator
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EXHIBIT B
Proposal to the City of Elgin — Event Beer Beverage Concession Operator
Submitted by [OR I, INC d/b/a OLD REPUBLIC]
7
155 5 Randall Road
Elgin, IL 60123
old
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rerDulDile Phone: 224.535.9544
kitchen*bar Fax: 224.535.8504
info@oldrepublicbar.com
January 16,2026
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 FOURTH OF JULY CELEBRATION and LA FIESTA DE ELGIN. Old Republic commits
to the following scope and services for both events:
- Two locations 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(6 on Grove, 4 on North Lawn,2 VIP)
and sixteen servers for LA FIESTA DE ELGIN(10 on Grove,3 on North Lawn, 3 on South Lawn)
- Prepared with all necessary materials,signage, supplies, internet,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; ORlwill 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): Three Refrigerator Trucks(1 on Grove, 1 on North Lawn, 1 VIP)with
Product arrives in Festival Park at 8am and hooks up with available city power. The truck would be stocked
with at least 7 kegs of Modelo, 3 kegs of Corona Premier, 3 kegs of a local craft beer, 17 cases of hard
seltzer and 14 cases of bottled water. In addition, for the VIP area,we would stock aluminum can offerings
of Modelo and Pacifico 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): Four Refrigerator Trucks(2 on Grove, 1 on North Lawn, 1 on South
Lawn)with Product arrives in Festival Park at 8am and hooks up with available city power.
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Restaurant GroupAl. gill � alexander's
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155 5 Randall Road
Elgin, IL 60123
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re p ublic Phone: 224.535.9544
kitchen*bar Fax: 224.535.8504
info@oldrepublicbar.com
The trucks would be stocked with at least 32 kegs of Modelo, 5 kegs of Modelo Negra or Pacifico,40 cases
of hard seltzer and 25 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. Being able to execute Micheladas at
two different vending locations TBD. The price point for Modelo and Modelo Negra/Pacifico pints would
be $8, craft pints $9, seltzer$8 and water$3. Michelada prices TBD.
These tentative offerings and numbers are based on the successful partnership between the city of Elgin and
OR1 from 2023, 2024, and 2025.
We trust that from a profit/loss perspective and festival goer feedback—OR 1 has demonstrated proficient
and exceptional service for past events as demonstrated with the previous 2023-2024 celebrations: FOURTH
OF JULY and HISPANIC HERITAGE.
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
ORI, INC
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