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HomeMy WebLinkAbout03-149 Resolution No. 03-149 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES, INC. FOR NEIGHBORFEST EXPO 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 Neighborhood Housing Services, Inc . for the annual Neighborfest Expo on June 7, 2003 , a copy of which is attached hereto and made a part hereof by reference . s/Ed Schock Ed Schock, Mayor Presented: May 28 , 2003 Adopted: May 28 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/Dolonna Mecum Dolonna Mecum, City Clerk Purchase of Service Agreement THIS AGREEMENT made and entered into this Juni E �,c� day of Imo}; 2003 by and between the CITY OF ELGIN, as Illinois municipal corporation(hereinafter referred to as the "City") and the Neighborhood Housing Services , an Illinois not for profit corporation(hereinafter referred to as "NHS"). WITNESSETH WHEREAS, the NHS located in Elgin, Kane County, Illinois has proposed a special event in the form of a Neighborfest Expo for June 7, 2003 to be conducted on Civic Center Plaza and 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 NHS has requested that the City enter a Purchase for Service Agreement for the subject special event; and WHEREAS, the City has determined that the subject special event will attract additional interest in community events; and WHEREAS, the City Council has further determined that it is in the best interests of the City to enter into a Purchase For Service Agreement for the subject special event and with the NHS in accordance with the terms and conditions of this Purchase For 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 the further interest 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 NHS hereby agree to host the proposed Neighborfest Expo on June 7, 2003. The subject special event will be located on the Civic Center Plaza and Walton Island and shall be conducted between the hours of 12:00am to 5:00 p.m., Saturday, June 7, 2003. The City's only cost for the subject special event shall not exceed $1,000.00 to be applied to: a. The City shall cover the costs of tent rental for participating City of Elgin departments,not to exceed $1,000 b. The City will cover the costs to provide three port-o-lets, waste containers, water, and one hand washing units from the special events provided at no additional charge as part of the limited in-kind special event services included in the City's solid waste contract with Waste Management. c. The City shall provide staff assistance in planning of the event. 2 3. The NHS will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $2,000,000 covering general liability, including personal injury and property damage. 4. The NHS 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. It being agreed and understood that the NHS shall be responsible and pay all other costs associated with the subject special event including but not limited to litter control and clean-up. 6. The NHS 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 NHS 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 NHS agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, that the NHS shall be strictly liable for the acts of its volunteers, officers and employees and that the NHS 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 3 omissions of the NHS, its agents, volunteers or employees. Nothing herein affects the NHS'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. The NHS shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070 naming the City as a primary, non- contributory coinsured with limits of not less than $500,000 per occurrence and excess coverage of not less than $2,000,000 covering general liability including personal injury and property damage. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 7. That in consideration of the NHS 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 NHS shall be entitled to retain any income received from the subject special event. 8. That the NHS 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 Saturday, June 7, 2003. 9. That nothing contained in this agreement shall be construed to relieve the NHS, its officers, agents, or employees, as well as any other participants in the subject special event from 4 • 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN NHS BY: BY: Ed Schock, Mayor ITS: Ei \ i' c.40 02, Attest: Attest: &i11014---4 City Clerk 5 ,,cm OF etc City of Elgin Agenda Item No. VII E °?aro FES May 9, 2003 G N - TO: Mayor and Members of the City Council AN`Rc�RTATR10NAv ma=r RN1T1Es FROM: David M. Dorgan, City Manager WAIF Cherie Murphy, Neighborhood Liaison SUBJECT: Purchase of Service Agreement with the Neighborhood Housing Services of Elgin 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 Neighborhood Housing Services (NHS) for the annual Neighborfest Expo scheduled for Saturday, June 7, 2003 . BACKGROUND Representatives from the NHS have submitted a City of Elgin Special Event Application to hold the 3rd annual Neighborfest Expo at Civic Center Plaza and Walton Island on June 7, 2003 . The NHS is a non-profit organization committed to promoting neighborhood pride and civic involvement throughout the city of Elgin. Staff has met with the NHS to review event logistics and budget . In previous years, this event has been successful in showcasing Elgin neighborhoods and the many volunteer project and collaborative efforts between the neighborhoods and the City of Elgin and has helped encourage civic involvement with the Elgin Community Network. It has also given the City of Elgin an opportunity to interact with the public at large on important quality of life issues such as Neighborhood Watch, trash pick- up, and the ROPE program. It has also provided groups such as the All-America City Award committee a venue for promoting community pride and the many positive aspects of Elgin. rft Neighborfest Expo has previously been co-sponsored by the City of Elgin and the Elgin Community Network, with primary funding PSA with the NHS for Neighborfest Expo eimk May 9, 2003 Page 2 and services of approximately $8, 000 coming from the City of Elgin. This year, NHS has been able to provide the primary funding and sponsorship for the event through a grant obtained from Neighborhood Reinvestment Corporation for the express purpose of community building activities . The Elgin Community Network is providing additional funding through a grant from the Grand Victoria Foundation. Although this year financial assistance from the City of Elgin is not as critical to the event as it was in previous years, the City' s partnership and participation is integral to the success of this event . As a part of the City' s support for the event, a Purchase of Service Agreement is proposed. The main items of the agreement are as follows : 1 . The City of Elgin will provide staff time and cooperation in planning of the event 2 . The City of Elgin will pay for rental of tents used by City of Elgin departments and city-related displays not to exceed $1, 000 . 3 . The City will provide three port-o-lets, waste containers, water, and one hand washing unit for use during the event . 4 . The NHS 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 Elgin Community Network ?11/A_.> FINANCIAL IMPACT The City will provide up to $1, 000 in financial assistance to cover the cost of tent rental, which will be paid for out of the Elgin Riverboat Special Events Expense account number 275-0000- 791 .47-00, Project number 030058, Neighborfest . The Port-O-Lets will be provided at no additional charge as part of the limited in-kind special event services included in the City' s solid T r• PSA with the NHS for Neighborfest Expo May 9, 2003 Page 3 waste contract with Waste Management . There are sufficient funds available to pay for these items . vojmvpEGAL IMPACT None . ALTERNATIVES 1 . Enter into a Purchase of Services Agreement providing financial participation by the City in a not to exceed amount of $1, 000 of in-kind services and $1, 000 for tent rental . 2 . Provide no financial participation by the City with the NHS assuming 100% of the event costs . 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 in a not to exceed amount of $1, 000 of in-kind services and $1, 000 for tent rental . Respectfully submitted for Council consideration. GF/srs Attachment