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Home My WebLink About03-127 Resolution No. 03-127 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE OUTDOOR EXHIBITION GROUP FOR RIB FEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Outdoor Exhibition Group for Rib Fest to be held on May 26, 2003, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 14 , 2003 Adopted: May 14 , 2003 Omnibus Vote: Yeas : 6 Nays : 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk Purchase of Service Agreement THIS AGREEMENT is made and entered into this , / day of May, 2003 by and between the CITY OF ELGIN, as an Illinois municipal corporation (hereinafter referred to as the "City") and the Outdoor Exhibition Group, an Illinois not-for-profit corporation(hereinafter referred to as "OEG".) WITNESSETH WHEREAS, the OEG located in Elgin, Kane County, Illinois has proposed a special event in the form of a Rib Festival for May 26, 2003 to be conducted on Walton Island (hereinafter referred to as the"subject special event"); and WHEREAS, Elgin Municipal Code Section 13.25.020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies; and WHEREAS, the OEG has requested that the City enter a Purchase of Service Agreement for the subject special event; and WHEREAS, the City has determined that the subject special event will attract additional interest in generational events; and WHEREAS, the City Council has further determined that it is in the best interests of the City to enter into a Purchase of Service Agreement for the subject special event and with the OEG in accordance with the terms and conditions of this Purchase of Service Agreement; and WHEREAS, the City Of Elgin is a home rule municipality as defined in Article VII Section 6a of the 1970 Constitution of the State of Illinois; and 1 WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the Purchase of Service Agreement for the subject special event and promoting further interests in redevelopment of the City's center city area pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2. That the City and the OEG hereby agree to cooperate in the administration of the proposed Rib Festival on May 26, 2003. The subject special event will be located on Walton Island and shall be conducted between the hours of 11:00am to 5:00 p.m., Monday, May 26, 2003. The City's only cost for the subject special event shall not exceed $5,000.00 to be applied to: a. The City shall cover the costs to provide police officers for event security. Such security shall be provided during event hours: May 26, 2003, 11:00 a.m. - 5:00 p.m. The costs for the police service for the City of Elgin will not exceed $1,000.00. In the event said police services exceed $1,000.00, the OEG assume any and all costs beyond said $1,000.00. b. The City will cover the costs to provide port-o-lets, waste containers, water, and hand washing units at a cost not to exceed $2,000 during the event. 2 3. The City will provide marketing support for this event in conjunction with other City events scheduled for Memorial Day, including, the Soap Box Derby, the annual Fox Trot, and the Kiwanis Pancake Breakfast. 4. The OEG will provide the City a full and detailed accounting of all its income and expenditures for this event no later than ninety(90) days after the day of the event. 5. OEG shall pay all other costs associated with the subject special event including but not limited to litter control and clean-up. 6. The OEG shall be responsible for applying for and obtaining a special events permit as provided for under Elgin Municipal Code Chapter 13.25. The City Manager shall provide all necessary signatures on the special event application to evidence the City's co- sponsorship of the subject special event. Notwithstanding the City's co-sponsorship of the subject special event, the parties hereto understand and agree that the OEG shall be solely responsible for conducting the subject special event and for all costs associated with the subject special event including but not limited to the fees and cost identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". Additionally, notwithstanding the City's co-sponsorship of the subject special event, the OEG agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, that the OEG shall be strictly liable for the acts of its volunteers, officers and employees and that the OEG to the fullest extent permitted by law shall 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, damages or other relief arising out of or in any way connected with the subject special event or any acts or omissions of the OEG, its agents, volunteers or employees. Nothing herein affects the 3 OEG's duty to defend the City. In the event of any action against the City or its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City's choosing. 7. That in consideration of the OEG being solely responsible for conducting the subject special event and for all cost associated with the subject special event as provided herein, the parties understand and agree that the OEG shall be entitled to retain any income received from the subject special event. 8. That the OEG at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event. Any entertainment and use of amplifiers shall be in compliance with all applicable regulations, and must end at 5:00 pm on Monday, May 26, 2003. 9. That nothing contained in this agreement shall be construed to relieve the OEG, its officers, agents, or employees, as well as any other participants in the subject special event from complying with all applicable laws and regulations of the City, State and the United States, including but not limited to obtaining any other permits or approvals as required by law. 10. That this agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. 11. The terms of this agreement shall be severable. In the event any of the terms or conditions 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. 4 12. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 13. In the event of any breach of the terms or provisions of this agreement by OEG, or in the event the subject special event does not take place for any reason, OEG shall refund to City any amounts paid to OEG by City at no penalty to City. Such refund shall not constitute or be construed as a waiver of any other remedies to which City may be entitled by law. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN OEG BY: BY: ,. Ed Schock, Mayor ITS: -c- ct Attest: Attest: 1:1)41,twQ_ City Clerk 5 0\ City OF E< l.. `'.��,~d of Elgin Agenda Item No. ,411 ellik April 18, 2003 G • - - I !.. - • R CRUTIO NAL LEISUH[ TO: Mayor and Members of the City Counci AN �L,�HAI OPPOHlUNI11tS Fa7H Al l t-1,1%tNS FROM: David M. Dorgan, City Manager Gilbert Feliciano, Hispanic Outreach Coordinator SUBJECT: Purchase of Service Agreement with the Outdoor Exhibition Group for Rib Fest PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a Purchase of Service Agreement with the Outdoor Exhibition Group (OEG) for the annual Rib Fest scheduled for Memorial Day, Monday, May 26 , 2003 . BACKGROUND Representatives from the OEG have submitted a City of Elgin Special Event Application to hold their annual Rib Fest at Walton Island on May 26, 2003 . The OEG is a non-profit organization committed to providing an annual Rib Fest . Staff has met with the OEG to review event logistics and budget . For several years, the OEG has provided the City of Elgin with a Rib Fest that generates local attention and draws people to downtown Elgin. To help offset some of the costs involved in this event, the OEG is requesting a Purchase of Services Agreement from the City. Without the agreement , the OEG feels it will be impossible to cover the expenses of the event . As a part of the City' s support for the event, a Purchase of Service Agreement is proposed. This event is one of several City events scheduled for Memorial Day. Other events are the Soap Box Derby, the annual Fox Trot, and the Kiwanis Pancake Breakfast . The main items of the agreement are as follows : ey. 1 . The City shall cover the costs to provide police officers for event security. Security will need to be provided during event hours : May 26, 2003 , 11 : 00 a.m. - 5 : 00 p.m. The costs for the police service for the City of Elgin will not exceed $1 , 000 . 00 . V PSA with the OEG for Rib Fest r April 18, 2003 Page 2 2 . The City will cover the costs to provide port-o-lets, waste containers, water, and hand washing units at a cost not to exceed $2 , 000 during the event . 3 . The City will provide marketing for the event by including it with promotion of the other events on that day by way of posters, newspaper ads, and other appropriate venues . 4 . The OEG will provide the City a full and detailed accounting of all its income and expenditures for this event no later than ninety (90) days after the day of the event . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Downtown Neighborhood Association 40(/) nA FINANCIAL IMPACT The City will provide $3 , 000 in financial assistance to the OEG. In-kind services for Police security will equal $1 , 000 and be charged to the General Fund, Police Department Employee Earnings, account number 010-2308-731 . 01-01 where sufficient funds exist to pay for the personnel related costs . A total of $2 , 000 will be allocated to the cost of port-o-lets, waste containers and hand washing units for the event . The Elgin Riverboat Fund, Special Events Expense, account number 275-0000- 791 . 47-00 will be charged. There are sufficient funds available to pay for these items . 00; LEGAL IMPACT None . ALTERNATIVES 1 . Enter into a Purchase of Services Agreement providing financial participation by the City not to exceed $3 , 000 of in-kind services . 2 . Provide no financial participation by the City with the OEG ew assuming 100% of the event costs . rm. PSA with the OEG for Rib Fest April 18, 2003 Page 3 RECOMMENDATION It is recommended the Mayor and members of the City Council approve Option 1 to enter into a Purchase of Service Agreement providing financial participation by the City not to exceed $3 , 000 of in-kind services . Respectfully submitted for Council consideration. GF/srs Attachment emb- rft