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HomeMy WebLinkAbout04-105 Resolution No. 04-105 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE GREATER CHICAGO SOAP BOX DERBY ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,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 Greater Chicago Soap Box Derby Association for a soap box derby to be held on Kimball Street on May 31, 2004, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 28, 2004 Adopted: April 28, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PURCHASE OF SERVICE AGREEMENT BETWEEN GREATER CHICAGO SOAP BOX DERBY ASSOCIATION AND CITY OF ELGIN THIS AGREEMENT is hereby made and entered into this day of P k__, —, 2004, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City" ) and Greater Chicago Soap Box Derby Association, an Illinois not-for- profit corporation (hereinafter referred to as "GCSBDA" ) . WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and Whereas, the GCSBDA conducts soap box derby events throughout the State of Illinois and desires to conduct such an event in the City of Elgin; and WHEREAS, the City has determined that it would serve a beneficial public purpose to provide certain assistance to the GCSBDA in the conducting of a soap box derby in the City of Elgin. 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 . GCSBDA shall conduct a soap box derby event in the City of Elgin on May 31, 2004 . Such soap box derby event shall be conducted at Kimball Street between the approximate hours of 6 : 00 a.m. and 7 : 30 p.m. (Such soap box derby event is hereinafter referred to as the "Event" ) . 2 . GCSBDA shall provide all services, including but not limited to, administrative services, production, recruitment of contestants, advertising, securing sponsors, on-site management and organization, coordination of volunteers, marketing, providing for sanctioned officiating, coordination with applicable governing sport bodies, trash removal , race site clean up, and staff management reasonably necessary and to the best of its ability to conduct Event . 3 . The City in consideration for GCSBDA conducting Event shall pay GCSBDA the amount of $5, 000 on or before May 14, 2004 . Such monies shall be used solely and only by GCSBDA for conducting the Event . 4 . That as further support for the Event, the City shall be responsible for expenses in the total amount not to exceed $5, 000 for trophies and awards, the awards banquet and promotional advertisements as described in Attachment A attached hereto and made a part hereof by this reference . Such expenses shall be remitted directly by the City to the providers of such goods and/or services as payments for same are due . 5 . That as further support for the Event, the City shall also be responsible for expenses in the total amount not to exceed $9, 800 for the provision by the City of police services for the Event, public works personnel, parks personnel, promotional advertisements, a sound system, storage of racers and bleachers for viewing stand, all as described in Attachment A hereto. 6 . GCSBDA and the City shall employ reasonable efforts to secure event sponsorships to provide additional funding for Event. 7 . GCSBDA shall adhere to the requirements of the budget attached hereto as Attachment A. 8 . GCSBDA shall respond to all inquiries from Event participants . City shall respond to all inquiries from visitors to Event . 9 . City shall in conjunction with the Event provide street closure barricades, street closing notices, necessary municipal facilities, police, street sweeping, traffic rerouting and no parking signs as appropriate in City' s sole discretion. 10 . GCSBDA shall provide for all volunteer marshals for the Event . 11 . GCSBDA shall provide for all reasonably necessary Event organization and conduct except asotherwise specifically provided herein, including but not limited to hospitality services and exhibit areas provided in conjunction with Event . 12 . GCSBDA shall provide all hotel rooms and accommodations as required for Event officials and GCSBDA, its employees, agents and volunteers . 13 . GCSBDA shall provide the City with a certificate of insurance for the Event in a form and with terms acceptable to the City naming the City as a primary, non-contributing co-insured with limits of not less than $2 , 000 , 000 per occurrence covering general liability including personal injury and property damage. Such certificate shall provide that the insurance shall not be terminated or not renewed for any reason without thirty (30) days advance written notice to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance for the City, and alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 2 14 . This Agreement and the obligations herein may not be assigned by the GCSBDA without the express written consent of the City which consent may be withheld at the sole discretion of the City. 15 . This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties . 16 . The failure of either party hereto to comply with the terms and conditions hereof because of force majeure such as an act of God, strike, war, fire, earthquake, act of public enemies, action of federal or state authorities or for any reason beyond the reasonable control of such party, shall not be deemed as a breach of this Agreement . 17 . In the event GCSBDA breaches this agreement or any material term or provision thereof, GCSBDA shall refund any funds paid by City to GCSBDA upon 30 days written notice . GCSBDA shall not be entitled to any funds from City in the event of such a breach and the City may pursue all relief available to it under the law as a result of GCSBDA' s breach. 18 . City may terminate this Agreement for reasonable cause. In the event City terminates this Agreement for any reason other than breach by GCSBDA or force majeure City shall be required to provide GCSBDA with fourteen (14) days written notice of such termination. In the event City terminates this Agreement for any reason other than breach by GCSBDA, GCSBDA shall within thirty (30) days from the notice of termination return all funds paid hereunder by the City not expended by GCSBDA as of the date of the notice of termination. 19 . On or before February 23 , 2004 GCSBDA shall provide City with a public relations and advertisement schedule . 20 . On or before March 25, 2004 GCSBDA shall provide City with sponsor updates, a course layout for Event, including but not limited to a site plan for the start and finish areas of Event . 21 . On or before April 1, 2004 GCSBDA shall provide City with a certificate of insurance as provided for herein, updated sponsorship and media reports and coordinated setup details for Event . 22 . On or before April 8, 2004 GCSBDA shall provide City with final plans, including but not limited to an event timetable and agenda. 3 23 . GCSBDA shall to the fullest extent permitted by law hold harmless, defend and indemnify the City, its agents, officers, employees, volunteers, agents and assigns from and against any and all causes of action, suits, claims for damages, and any and all other liability of whatsoever nature arising out of or in connection with GCSBDA or its agents, employees or volunteers, negligent or reckless performance of any act related to Event or arising out of this Agreement . In the event of any action against City, its officers, employees, volunteers, agents or assigns covered by the foregoing duty to indemnify, hold harmless and defend, such action shall be defended by counsel of City' s choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement . 24 . GCSBDA shall use its best efforts to conduct fund raising to defray expenses of whatsoever nature associated with or arising out of Event . GCSBDA shall provide City with a written report of such efforts and of Event no later than June 20, 2004 . 25 . 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 . 26 . The terms of this Agreement shall• be severable. In the event of any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 27 . This Agreement is the sole agreement between the parties hereto. There are no other Agreements, either written or oral, which modify or affect the terms of this Agreement . This Agreement shall not be modified or amended without the written Agreement of the parties hereto. 28 . The City shall be recognized as a sponsor of Event and shall receive the benefits of sponsorship consistent with the level of support provided. At minimum, the City' s support shall be acknowledged in print materials promoting the organization or event, radio advertising, Web page information and event program(s) . Three samples of this acknowledgment shall be provided to the City for its prior approval . A logo provided by the City shall be used for this purpose . IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and written below. 4 Agreed ` and accepted on this Arra_ day of p /2 L- , 2004 . CITY OF ELGIN GREATER CHICAGO SOAP BOX DERBY ASSOCIATION By ir" l/V^ c David M. Dorgan Don Harkins City Manager President Attest : f-ci4krwX 4\31-<,u4,1— City Clerk F:\Legal Dept\Agreement\Soap Box Derby-04.doc 5 Attachment A Greater Chicago Soap Box Derby Proposed Budget for May 31, 2004 GCSBDA Expenses: Race Fee to Akron $1,750.00 Insurance with Additional Insured $ 500.00 Race Day Apparel for racers $1,000.00 Track Decorations $ 400.00 Support to winners World Championship $ 900.00 Transport winning cars to Akron $ 700.00 Race Day Trailers, Gas & Tow Vehicles $ 500.00 Racer Refreshments, Drinks. Lunch Snacks $ 300.00 Heat Charts, race Numbers, Heat Stickers $ 200.00 Photos of Racers For Program Developed $ 100.00 Photos for Participation Plaque $ 75.00 Specialty Awards (Best new racer, etc.) $ 300.00 Rework/upgrade starting ramps $1,000.00 Intercomp Scale Calibration $ 350.00 Total Expenses $8,075.00 GCSBDA In-Kind Sponsorship: Planning Meetings with City of Elgin $ 600.00 Elgin Information Clinic/Meeting $ 500.00 Elgin Assistance/Building Clinic $ 300.00 Program Racers into Computer & Heats $ 600.00 3 Inspectors for Official Weigh-In/Inspection $ 900.00 Total In-Kind $2,900.00 GCSBDA Revenue: City of Elgin Sponsorship $5,000.00 GCSBDA & Sponsorship Revenue $3,750.00 Total Revenue $8,075.00 City of Elgin Expenses: Trophies & Awards $1,500.00 Awards Banquet $2,200.00 Promotional/Ads $1,300.00 Total Expenses $5,000.00 City of Elgin In-Kind Sponsorship: Elgin Police Officers for Event $4,000.00 Public Works $ 400.00 Parks $2,000.00 Promotional/Ads $2,000.00 Sound System $ 400.00 Storage of Racers $1,000.00 Total In-Kind Expenses $9,800.00 4.. ;' City of Elgin Agenda Item No. RArro April 9, 2004 N = TO: Mayor and Members of the City Council RECREATONAL LEISURE ANO GULF't 1RAt OFF.RT UNITIES FOR Al L<"Il IJENS FROM: David M. Dorgan, City Manager *644,1t1 Monica Meyers, Parks and Recreation Director SUBJECT: Co-Sponsorship Agreement with the Greater Chicago Soap Box Derby Association PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider a Co-Sponsorship Agreement with the Greater Chicago Soap Box Derby Association for the Soap Box Derby to be held on Kimball Street. RECOMMENDATION It is recommended that the City Council approve the agreement with the Greater Chicago Soap Box Derby Association to organize the Soap Box Derby on Memorial Day, Monday, May 31, 2004, for a not-to-exceed amount of$19,800 in financial and in-kind support. BACKGROUND The Greater Chicago Soap Box Derby Association has requested the City to host the Soap Box Derby on Monday, May 31, 2004, from 9:00 a.m. until 9:00 p.m. The Greater Chicago Soap Box Derby Association is a not-for-profit, event coordinating, agency based in Chicago. Approximately 50 to 65 racers and more than 1,000 spectators are anticipated to attend the event. The goals of the Soap Box Derby program are to promote families working together, to teach youth some of the basic skills of workmanship; along with the spirit of competition, and the perseverance to continue a project to completion. The event, now in its second year to be held in Elgin, will be conducted on Kimball Blvd. between Douglas and Grove Avenues. The banquet following the races will again be held in the Centre's Heritage Ballroom. A contract has been prepared to have the Greater Chicago Soap Box Derby Association coordinate the event. The Greater Chicago Soap Box Derby Association will provide administrative services, production, recruitment of contestants, sponsorships, advertising, on-site management and organization, and race site clean-up. The proposal has been reviewed by staff , Co-Sponsorship Agreement with the Greater Chicago Soap Box Derby Association rk April 9, 2004 Page 2 from operating departments and does not present overwhelming logistical problems. The City has budgeted $10,000 in 2004 for support of the Soap Box Derby. Attached is a proposed agreement. The following are the main elements of the agreement between the City and the Greater Chicago Soap Box Derby Association: 1. The City shall be responsible for an amount not to exceed $5,000 for trophies and awards, and the awards banquet and promotional advertisements as detailed in Attachment A "Proposed Budget". 2. The City shall also be responsible for expenses in an amount not-to-exceed $9,800 for the provision of a)personnel services ($6,400), and; b) promotional advertisements, a sound system, storage of"soap box derby cars ($3,400) as detailed in Attachment A "Proposed Budget." 3. The Greater Chicago Soap Box Derby Association will be responsible for the coordination, management and staffing of the event. 4. The Greater Chicago Soap Box Derby Association will identify the City as a sponsor on all printed event material and displays at the event. 5. The Greater Chicago Soap Box Derby Association will provide insurance naming the City as a primary, non-contributing co-insured with excess rcoverage of not less than $2,000,000 covering general liability, including personal injury and property damage. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Soap Box Derby Committee 6ALFINANCIAL IMPACT There are sufficient funds budgeted and available in the Riverboat Fund, account number 275-0000-791.47-00, project number 030072 (Budget = $10,000) to pay Greater Chicago Soap Box Derby Association a not-to-exceed fee of$5,000 with the remaining $5,000 designated for trophies, awards,promotional advertisements and an awards banquet. Operational support, not to exceed $6,400 from City departments, will be covered within their departmental operating budgets as follows: General Fund ; Police- $4,000 from Overtime Salary account number 010-2308-731.01-02, Public Works -$400 from Overtime Salary account number 010-3321-753.01-02 and Recreation Fund; Parks- $2,000 from Overtime Salary account number 296-5031-764.01-02. The remaining $3,400 will be considered "in-kind" expenses and include the use of the City's sound system, promotional ads and storage. Co-Sponsorship Agreement with the Greater Chicago Soap Box Derby Association rik April 9, 2004 Page 3 jor\i LEGAL IMPACT None. ALTERNATIVES 1. To approve the agreement with the Greater Chicago Soap Box Derby Association to organize the Soap Box Derby on Memorial Day, Monday, May 31, 2004, for a not-to- exceed amount of$19,800 in financial and in-kind support. 2. To not approve the agreement with the Greater Chicago Soap Box Derby Association to organize the Greater Chicago Soap Box Derby on Memorial Day, Monday, May 31, 2004, for a not-to-exceed amount of$19,800 in operational and in-kind support, thus not allowing the Soap Box Derby to be held. Respectfully submitted for Council consideration. JG rk Attachments r Attachment A Greater Chicago Soap Box Derby Proposed Budget for May 31, 2004 GCSBDA Expenses: Race Fee to Akron $1,750.00 Insurance with Additional Insured $ 500.00 Race Day Apparel for racers $1,000.00 Track Decorations $ 400.00 Support to winners World Championship $ 900.00 Transport winning cars to Akron $ 700.00 Race Day Trailers, Gas & Tow Vehicles $ 500.00 Racer Refreshments, Drinks. Lunch Snacks $ 300.00 Heat Charts, race Numbers, Heat Stickers $ 200.00 Photos of Racers For Program Developed $ 100.00 Photos for Participation Plaque $ 75.00 Specialty Awards (Best new racer, etc.) $ 300.00 Rework/upgrade starting ramps $1,000.00 Intercomp Scale Calibration $ 350.00 Total Expenses $8,075.00 GCSBDA In-Kind Sponsorship: Planning Meetings with City of Elgin $ 600.00 Elgin Information Clinic/Meeting $ 500.00 Elgin Assistance/Building Clinic $ 300.00 Program Racers into Computer & Heats $ 600.00 3 Inspectors for Official Weigh-In/Inspection $ 900.00 Total In-Kind $2,900.00 GCSBDA Revenue: City of Elgin Sponsorship $5,000.00 GCSBDA & Sponsorship Revenue $3,750.00 Total Revenue $8,075.00 City of Elgin Expenses: Trophies & Awards $1,500.00 Awards Banquet $2,200.00 Promotional/Ads $1300.00 Total Expenses $5,000.00 filk City of Elgin In-Kind Sponsorship: Elgin Police Officers for Event $4,000.00 Public Works $ 400.00 Parks $2,000.00 Promotional/Ads $2,000.00 Sound System $ 400.00 Storage of Racers $1,000.00 Total In-Kind Expenses $9,800.00 r r FPURCHASE OF SERVICE AGREEMENT BETWEEN GREATER CHICAGO SOAP BOX DERBY ASSOCIATION AND CITY OF ELGIN THIS AGREEMENT is hereby made and entered into this day of , 2004, by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") and Greater Chicago Soap Box Derby Association, an Illinois not-for- profit corporation (hereinafter referred to as "GCSBDA") . WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and Whereas, the GCSBDA conducts soap box derby events throughout the State of Illinois and desires to conduct such an event in the City of Elgin; and WHEREAS, the City has determined that it would serve a beneficial public purpose to provide certain assistance to the GCSBDA in the conducting of a soap box derby in the City of Elgin. 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 . GCSBDA shall conduct a soap box derby event in the City of Elgin on May 31, 2004 . Such soap box derby event shall be conducted at Kimball Street between the approximate hours of 6:00 a.m. and 7 : 30 p.m. (Such soap box derby event is hereinafter referred to as the "Event") . 2 . GCSBDA shall provide all services, including but not limited to, administrative services, production, recruitment of contestants, advertising, securing sponsors, on-site management and organization, coordination of volunteers, marketing, providing for sanctioned officiating, coordination with applicable governing sport bodies, trash removal, race site clean up, and staff management reasonably necessary and to the best of its ability to conduct Event . 3 . The City in consideration for GCSBDA conducting Event shall pay GCSBDA the amount of $5, 000 on or before May 14, 2004 . Such monies shall be used solely and only by GCSBDA for conducting the Event . 4 . That as further support for the Event, the City shall be responsible for expenses in the total amount not to exceed $5, 000 for trophies and awards, the awards banquet and promotional advertisements as described in Attachment A attached hereto and rm. made a part hereof by this reference. Such expenses shall be remitted directly by the City to the providers of such goods and/or services as payments for same are due. 5 . That as further support for the Event, the City shall also be responsible for expenses in the total amount not to exceed $9, 800 for the provision by the City of police services for the Event, public works personnel, parks personnel, promotional advertisements, a sound system, storage of racers and bleachers for viewing stand, all as described in Attachment A hereto. 6. GCSBDA and the City shall employ reasonable efforts to secure event sponsorships to provide additional funding for Event. 7 . GCSBDA shall adhere to the requirements of the budget attached hereto as Attachment A. 8 . GCSBDA shall respond to all inquiries from Event participants . City shall respond to all inquiries from visitors to Event . 9. City shall in conjunction with the Event provide street closure barricades, street closing notices, necessary municipal facilities, police, street sweeping, traffic rerouting and no parking signs as appropriate in City' s sole discretion. 10 . GCSBDA shall provide for all volunteer marshals for the Event . 11 . GCSBDA shall provide for all reasonably necessary Event organization and conduct except as otherwise specifically provided herein, including but not limited to hospitality services and exhibit areas provided in conjunction with Event. 12 . GCSBDA shall provide all hotel rooms and accommodations as required for Event officials and GCSBDA, its employees, agents and volunteers . 13. GCSBDA shall provide the City with a certificate of insurance for the Event in a form and with terms acceptable to the City naming the City as a primary, non-contributing co-insured with limits of not less than $2, 000, 000 per occurrence covering general liability including personal injury and property damage. Such certificate shall provide that the insurance shall not be terminated or not renewed for any reason without thirty (30) days advance written notice to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance for the City, and alternatively, if the elm insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 2 14 . This Agreement and the obligations herein may not be assigned by the GCSBDA without the express written consent of the City which consent may be withheld at the sole discretion of the City. 15. This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties. 16. The failure of either party hereto to comply with the terms and conditions hereof because of force majeure such as an act of God, strike, war, fire, earthquake, act of public enemies, action of federal or state authorities or for any reason beyond the reasonable control of such party, shall not be deemed as a breach of this Agreement . 17 . In the event GCSBDA breaches this agreement or any material term or provision thereof, GCSBDA shall refund any funds paid by City to GCSBDA upon 30 days written notice. GCSBDA shall not be entitled to any funds from City in the event of such a breach and the City may pursue all relief available to it under the law as a result of GCSBDA' s breach. 18 . City may terminate this Agreement for reasonable cause. In the event City terminates this Agreement for any reason other than breach by GCSBDA or force majeure City shall be required to provide GCSBDA with fourteen (14) days written notice of such termination. In the event City terminates this Agreement for any reason other than breach by GCSBDA, GCSBDA shall within thirty (30) days from the notice of termination return all funds paid hereunder by the City not expended by GCSBDA as of the date of the notice of termination. 19 . On or before February 23, 2004 GCSBDA shall provide City with a public relations and advertisement schedule. 20 . On or before March 25, 2004 GCSBDA shall provide City with sponsor updates, a course layout for Event, including but not limited to a site plan for the start and finish areas of Event. 21 . On or before April 1, 2004 GCSBDA shall provide City with a certificate of insurance as provided for herein, updated sponsorship and media reports and coordinated setup details for Event . 22 . On or before April 8, 2004 GCSBDA shall provide City with final plans, including but not limited to an event timetable and agenda . 3 23 . GCSBDA shall to the fullest extent permitted by law hold harmless, defend and indemnify the City, its agents, officers, employees, volunteers, agents and assigns from and against any and all causes of action, suits, claims for damages, and any and all other liability of whatsoever nature arising out of or in connection with GCSBDA or its agents, employees or volunteers, negligent or reckless performance of any act related to Event or arising out of this Agreement. In the event of any action against City, its officers, employees, volunteers, agents or assigns covered by the foregoing duty to indemnify, hold harmless and defend, such action shall be defended by counsel of City' s choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement . 24 . GCSBDA shall use its best efforts to conduct fund raising to defray expenses of whatsoever nature associated with or arising out of Event . GCSBDA shall provide City with a written report of such efforts and of Event no later than June 20, 2004 . 25 . 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 . eift 26. The terms of this Agreement shall be severable. In the event of any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 27 . This Agreement is the sole agreement between the parties hereto. There are no other Agreements, either written or oral, which modify or affect the terms of this Agreement . This Agreement shall not be modified or amended without the written Agreement of the parties hereto. 28 . The City shall be recognized as a sponsor of Event and shall receive the benefits of sponsorship consistent with the level of support provided. At minimum, the City' s support shall be acknowledged in print materials promoting the organization or event, radio advertising, Web page information and event program(s) . Three samples of this acknowledgment shall be provided to the City for its prior approval . A logo provided by the City shall be used for this purpose. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and written below. 4 Fof Agreed and , 2004c. on this day CITY OF ELGIN GREATER CHICAGO SOAP BOX DERBY ASSOCIATION By By David M. Dorgan Don Harkins City Manager President Attest: City Clerk F:\Legal Dept\Agreement\Soap Box Derby-04.doc eum. 5