07-14 Resolution No. 07-14
RESOLUTION
AUTHORIZING EXECUTION OF AN AG' EMENT WITH
SENIOR SOFTBALL WORLD CHAMPIONSHIPS, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF T II CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager, and Dolonna Mecum,City Cl:rk,be and are hereby authorized and
directed to execute an agreement on behalf of the City o Elgin with Senior Softball World
Championships,Inc.to host the Senior Eastern national Cham•ionships at the Elgin Sports Complex
on August 7 - 12, 2007, a copy of which is attached hereto an,' made a part hereof by reference.
s/Jo Walters
John alters, Mayor Pro Tern
Presented: January 10, 2007
Adopted: January 10, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
r s/Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this day of December, 2006, by
and between the CITY OF ELGIN, Illinois, a municipal co 'oration (hereinafter referred to as
the "City"), and SENIOR SOFTBALL WORLD CHA PIONSHIPS, INC., a California
corporation, (hereinafter referred to as the "SSWC").
WHEREAS, the City has determined that it would s;rve a beneficial public purpose to
enter into an agreement with SSWC to provide certain servic:s as described in this agreement on
behalf of the City and the City's Parks and Recreation Depart ent; and
WHEREAS, the SSWC represents that it has the neo-ssary expertise and experience to
organize, sponsor and promote softball tournaments upon th. terms and conditions set forth in
this agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledge, t e parties hereto hereby agree as
follows:
1. The SSWC shall provide all of the services of organizing and promoting the
Major-Plus, Major, AAA, AA and Women's Division of the 2007 Eastern National
Championships on August 7 through 12, 2007 (hereinafter ref•rred to as the "Tournament").
2. The SSWC represents and warrants it has the skills and knowledge necessary to
conduct the Tournament. It is agreed and understood ghat the City is relying on such
representations and it is further agreed and understood that th s agreement shall not be modified,
amended or altered except by a written amendment to this a: eement agreed to and executed by
both parties hereto.
3. The SSWC shall organize the Tournament at the location specified by the City.
In connection with the City properties, the SSWC warrants d agrees to keep all facilities and
equipment used in the performing of the Tournament in a cle. , sanitary and safe condition.
4. SSWC shall complete, maintain and submit to the Recreation and Facilities
Superintendent of the City, or her designee, any and all recor•s, reports and forms relating to the
SSWC and Tournament and this agreement as requested by th- City.
5. City shall pay no bid fee, or other money, to `SWC for operating and promoting
the Tournament. SSWC shall pay no fees for use of City pro 9-rty.
6. Local teams shall be labeled the host teams o the Tournament and may pay bid
fees to SSWC as these parties agree.
7. No admission or parking of vehicle fees sha 1 be charged any observer of the
Tournament.
8. The Tournament shall occur at sites controlleo and designated by the City with
the primary site being the Elgin Sports Complex.
9. The City agrees to provide the following eq ipment at the Tournament: strike
mats, bases, gypsum, dry lines and painted foul lines and out of play lines, drying agent as
needed, double first bases and second home plates.
10. The City agrees to provide for the playing of he United States National Anthem
prior to the start of play each day.
11. The City agrees to provide that each field wil be dragged and lined before each
day of games including any maintenance required after . rain delay or adverse weather
conditions. Each field will be hand maintained and lines to ched up after every third game by
the City.
12. The City agrees to provide for the remova of garbage at the Elgin Sports
Complex. SSWC will provide for continuous general cleanup of the playing areas and dugouts.
13. SSWC agrees to provide softballs for each ga e. Ice, water, drinking cups and
coolers will be provided by the host team.
14. SSWC agrees to provide for all Tournament trophies and awards.
15. SSWC agrees to the securing, scheduling and payment for all umpires used for the
duration of the Tournament.
16. The City agrees to provide the recreation and aintenance staff for the operation
of the Elgin Sports Complex for the entirety of the Tourname t.
17. The City agrees that ball field maintenance sta If will be available and/or on site to
respond to field maintenance issues regarding weather rela ed cancellations or delays. Rain
delays and cancellations will be mutually agreed upon by bot i the City and SSWC. Every effort
will be made to resume play after a weather delay.
18. The City and SSWC agree the tournament sch-.ules are to be provided to the City
for approval prior to being published.
19. The City agrees to sell food and beverage co 1 cessions at the Tournament. The
City may, in its sole discretion, decide to sell beer at the food and beverage concessions. The
City will retain all revenue from such concessions and all sponsorships associated with said
concessions.
20. SSWC will provide for all souvenir and merc .ndise sales for the duration of the
Tournament. SSWC will retain all revenue from such sell o souvenir and related merchandise
and all sponsorships associated with said sale of souvenir, and related merchandise.
2
21. This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parti:s hereto. SSWC understands and
agrees that the relationship of the SSWC to the City arising o i t of this agreement shall be that of
an independent contractor. It is expressly agreed and underst•od that the SSWC and the SSWC's
officers, employees and agents are not employees of the City .nd are not entitled to any benefits
or insurance provided to employees of the City.
22. To the fullest extent permitted by law, SSW 1 agrees to indemnify, defend and
hold harmless the City, its officers, employees, agents,boards and commissions from and against
any and all claims, suits,judgments, costs, attorney's fees, da ages or other relief, including but
not limited to worker's compensation claims, in any way resulting from or arising out of
negligent actions or omissions of the SSWC in connection herewith, including negligence or
omissions or agents of the SSWC arising out of the performa Ice of this agreement. In the event
of any action against the City, its officers, employees, agents boards or commission covered by
the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by
legal counsel of the City's choosing. The provisions of this paragraph shall survive any
termination of this agreement.
23. No official, director, officer, agent or emploi ee of the City shall be charged
personally or held contractually liable under any term or pro ision of this agreement or because
of their execution, approval or attempted execution of this agrr ement.
24. SSWC shall provide, pay for and maintain n effect, during the term of this
agreement, a policy of comprehensive general liability insu ance, written in occurrence form,
with limits of at least $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence
for property damage. The SSWC shall deliver to the City a ertificate of insurance naming the
City as an additional insured. This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the City.
25. In all hiring or employment made possible or r suiting from this agreement, there
shall be no discrimination against any employee or applic. t for employment because of sex,
age, race, color, creed, national origin, marital status, or the ;presence of any sensory, mental or
physical handicap, unless based upon a bona fide oc pational qualification, and this
requirement shall apply to, but not be limited to, the followi _: employment advertising, layoff
or termination, rates of pay or other forms of compensation a d selection for training, including
apprenticeship.
26. No person shall be denied or subjected to disc 'mination in receipt of the benefit
of any services or activities made possible by or resulting fro this agreement on the grounds of
sex, race, color, creed, national origin, age except minim age and retirement provisions,
marital status or the presence of any sensory, mental or physi al handicap. Any violation of this
provision shall be considered a violation of a material provi ;on of this agreement and shall be
grounds for cancellation, termination or suspension, in whole or in part, of the agreement by the
City.
3
27. The parties intend and agree that if any paragraph, subparagraph, phrase, clause or
other provision of this agreement, or any portion thereof, s all be held to be void or otherwise
unenforceable, all other portions of this agreement shall rem.in in full force and effect.
28. This agreement constitutes the entire agree ent of the parties on the subject
matter hereof and may not be changed, modified, discha ged or extended except by written
amendment duly executed by the parties. Each party agrees hat no representations or warranties
shall be binding upon the other party unless expressed in riting herein or in a duly executed
amendment hereof.
29. This Agreement shall be deemed to have bee made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for he resolution of any disputes or the
enforcement of any rights pursuant to this agreement sha 1 be in the Circuit Court of Kane
County, Illinois.
30. SSWC certifies hereby that it is not barred .m bidding on a public contact as a
result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid
rigging.
31. As a condition of this contract, SSWC sh.,ll have written sexual harassment
policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under st.to law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process incl ding penalties;
E. the legal recourse, investigative and com.laint process available through the
Illinois Department of Human Rights, and the Illinois Human Rights
Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided b Section 6-101 of the Human Rights
Act.
A copy of the policies must be provided to the I epartment of Human Rights upon
request 775 ILCS 5/2-105.
32. All notices, reports and documents require. under this agreement shall be in
writing and shall be mailed by First Class Mail, postage prep;id, addressed as follows:
4
As to the City: As to SSWC:
City of Elgin Senior Softball World Championships, Inc.
150 Dexter Court 2701 K Street, Suite IOTA
Elgin, IL 60120-5555 Sacramento, CA 95816
Attn: Deb Barr
33. This agreement is and shall be deemed and construed to be a joint and collective
work product of the City and the SSWC and, as such, this agreement shall not be construed
against the other party, as the otherwise purported drafter of same, by any court of competent
jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the
terms and provisions contained herein.
34. This agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. This agreement and the obligations herein may not be
assigned by the SSWC without the express written consent of the City which consent may be
withheld at the sole discretion of the City.
IN WITNESS WHEREOF, the undersigned have entered into executed this agreement on
the date and year first written above.
CITY OF ELGIN, a municipal SENIOR SOFTBALL WORLD
corporation CHAMPIONSHIPS, INC., a
California corporation,
By WS Vt�. 11/4 _ B 6>� X2.2
City a_ Presi t
Attest: Attest:
AA-ezkv.—
t td/il le I/
City Clerk Secretary
F:\Legal Dept\Agreement\Senior Softball World Championships.doc
5
4,�\� o Etc,
C c/ti
Agenda Item No.
City of Elgin g
December 15, 2006
TO: Mayor and Members of the City Council -
FROM: Olufemi Folarin, City Manager `-'''" "
+,'°'' ',''W,1't l'i`'+':lo
Randy Reopelle, Parks and Re eation Director
SUBJECT: Agreement with Senior Softball World Championships, Inc.
PURPOSE
The purpose of this memorandum is to provide the Mayor and Members of the City Council with
information to consider entering into an agreement with Senio Softball World Championships,
Inc. to host the Senior Softball Eastern National Championships at the Elgin Sports Complex on
August 7 -12, 2007.
RECOMMENDATION
r
It is recommended the City Council approve entering into an agreement with Senior Softball
World Championships, Inc. to host the Eastern National Championships at the Elgin Sports
Complex on August 7 -12, 2007 for an amount not to exceed $5,516.
BACKGROUND
Senior Softball USA is a national governing body for senior softball play. The Elgin Sports
Complex has hosted regional qualifiers with this group in 1997 and 1998. The Elgin Sports
Complex has also hosted regional qualifiers of other senior softball bodies for the past three
years. Senior Softball World Championships, Inc. hosted their Eastern National Championships
in East Lansing, MI in 2005 and 2006 and they are considering bringing the 2007 Eastern
National Championship to Elgin.
This event will bring approximately 60 senior softball teams and their fans to Elgin. This is
twice as many teams as the previous qualifiers the Sports Complex has hosted. It is estimated
that 90% of the teams will be traveling some distance to attend the tournament and will be using
Elgin area hotels and restaurants. Staff has been working closely with the Elgin Area
Convention and Visitors Bureau since spring to bring this event to Elgin. All games will be held
during the day, at times when the fields would typically not be used, and therefore will not affect
evening league play at the Sports Complex.
rib.'
ow Agreement with Senior Softball World Championships
December 15, 2006
Page 2
Senior Softball is requesting a waiver of rental fees, which total $5,516, for the use of the Sports
Complex for this tournament. Given the duration of this event, the number of players and
spectators projected to attend, staff projects that concession sales and sponsorships will more
then offset the costs associated with hosting the tournament. The costs are estimated at $3,276.
The main points of the agreement with Senior Softball World Championships are as follows:
• The City agrees to waive rental charges for the use of the Sports Complex, in an amount
not to exceed$5,516.
• The City and SSWC agree that there will be no charge for admission or parking of
vehicles at the Sports Complex for the duration of the event.
• The City agrees to provide food and beverage concessions at the event. The City shall
retain all revenue from such concessions and all s.onsorship associated with said
concessions.
• The City agrees to provide the following equipment at no charge to SSWC: strike mats,
bases, gypsum, dry lines and painted foul lines and cut of play lines, drying agent as
needed, double first base and second home plates.
• The City agrees that the each field will be dragged and lined before each day of games
including any maintenance required after a rain delay or adverse weather conditions.
Each field will be hand maintained and lines touched up after every third game.
• The City agrees to provide for the removal of garbage at the Sports Complex. SSWC
will provide for continuous cleanup of the playing areas and dugouts.
• SSWC agrees to provide softballs for each game.
• SSWC agrees to provide for all trophies and awards.
• SSWC agrees to the securing, scheduling, and payment of all umpires for the duration of
the event.
• SSWC and the City agree that the City is not responsible for any bid fee for the event.
• The City agrees to provide the recreation and maintenance staff for the operation of the
Sports Complex for the entirety of the event.
• SSWC will provide the City with a certificate of insurance naming the City as a primary,
non-contributing co-insured with excess coverage of not less than $1,000,000 covering
general liability including personal injury and property carnage.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
r
4..
. .. •
r Agreement with Senior Softball World Championships
December 15, 2006
Page 3
yi/C_FINANCIAL IMPACT
Waiving the softball rental fees would total $5,516. The proj;cted labor costs associated with
hosting the tournament are $3,276. It is projected that $5,000 i anticipated "Sponsorships" and
$5,400 in concession and beer net sales will help offset both the fee waiver and labor costs. Any
additional revenues generated from sales connected with the to rnament (motel, restaurant, other
retail)have not been included.
Sufficient funds are budgeted and available from the followin.: accounts in the proposed 2007
Recreation Fund, Sport Complex budget to pay for costs associated with the proposed
tournament: $500, 296-5070-766.01-01, Regular Employee E. ings; $750, 296-5070-766.01-
02, Overtime Earnings; $1,300, 296-5070-766.01-03, Part Tim: Employee Earnings; $676, 296-
5070-766.01-04, Part Time Employee Earnings Non IMI' ; $50, 296-5070-766.17-02,
Horticulture Supplies.
wili/GAL IMPACT
None
ALTERNATIVES
1. Approve the agreement with Senior Softball World 1 hampionships, Inc. to host the
Eastern National Championships at the Elgin Sports Co plex on August 7 -12, 2007 for
an amount not to exceed $5,516
2. Do not approve the agreement with Senior Softball W grid Championships, Inc. to host
the Eastern National Championships at the Elgin Sports Complex on August 7 -12, 2007
for an amount not to exceed $5,516.
Respectfully submitted for Council consideration.
mc
attachment
rk