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HomeMy WebLinkAbout07-117 • Resolution No. 07-117 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager, and Jennifer Quinton, Acting 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 Downtown Neighborhood Association for the Fourth of July Parade, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 23, 2007 Adopted: May 23, 2007 Vote: Yeas: 6 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk . t PURCHASE OF SERVICE AGREEMENT - FOURTH OF JULY PARADE IS AGREEMENT is made and entered into this day of , 2007, by and between the CITY OF ELGIN, llinois, a municip l corporation (hereinafter referred to as the "City") , and Downtown Neighborhood Association of Elgin, a not-for-profit corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the "Service Provider") . WHEREAS, the City has determined that it would serve a beneficial public purpose to enter into an agreement with the Service Provider for the Service Provider to provide certain contract services as described in this agreement; and WHEREAS, the Service Provider represents that it has the necessary expertise and experience to furnish the Subject Services upon the 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 acknowledged, the parties hereto hereby agree as follows : 1 . The Service Provider shall provide all of the services pursuant to the terms and conditions and on the dates and times as described in the document entitled Fourth of July Parade - Scope of Services for 2007 Purchase of Service Agreement, attached hereto as Exhibit A and made a part hereof (such services including the terms, conditions, dates and times are hereinafter referred to as the "Subject Services") . In the event of any conflict between the provisions of this agreement and the provisions in Exhibit A, the provisions of this agreement shall control . The Service Provider represents and warrants that the Service Provider has the skills and knowledge necessary to conduct the Subject Services provided for in Exhibit A and that the Subject Services set forth in Exhibit A are integral parts of this agreement and may not be modified, amended or altered except by a written amendment to this agreement agreed to and executed by both parties hereto. 2 . The Service Provider shall address all inquiries and requests made pursuant to this agreement to the Assistant City Manager of the City or his designee. 3 . In connection with the Subject Services to be performed on other than City properties, the Service Provider warrants and agrees to maintain all facilities and equipment used in the performing of the Subject Services in a clean, sanitary and safe condition and free from defects of every kind whatsoever. Service Provider agrees and warrants that the Service Provider will periodically inspect all of such facilities and equipment for such purposes. Service Provider also warrants that the Service Provider and the Service Provider' s facilities and equipment used in the performing of the Subject Services are not now, nor shall be during the term of this agreement in violation of any health, building, fire or zoning code or regulation or other applicable requirements of law. In connection with the Subject Services on properties owned or controlled by the City, Service Provider agrees and warrants to use, and to cause persons participating in the Subject Services to use, through proper supervision and control, all facilities with due care, and to report all defects in or damage to any such facilities, and the cause thereof, if known, immediately to the Assistant City Manager of the City. 4 . The City shall reimburse the Service Provider for the Subject Services under this agreement the total amount of Thirteen Thousand Six Hundred Eighty Dollars ($13, 680) . The aforementioned payment shall be made within 30 days of the date of this agreement or on or before June 30, 2007 . However, the payment shall not be made prior to 8 days after the Service Provider' s submission of the budget document and audited financial statement documents referred to in paragraph 6 of this agreement . 5 . The Service Provider shall apply the monies to be paid by the City to the Service Provider pursuant to the proceeding paragraph hereof solely to operating expenses for the City of Elgin Fourth of July Parade (hereinafter referred to as "Event") such as entertainment services, event insurance, and promotional and advertising. Monies shall not be used for general operational expenses for the Service Provider such as usual staff salary, benefits, and meeting expenses as this is provided for in the 2007 Purchase of Service Agreement for the Service Provider. 6. The Service Provider shall complete, maintain and submit to the Assistant City Manager of the City, or his designee, any and all records, reports and forms relating to the Subject Services in this agreement as requested by the City. Without limiting the foregoing, the parties further agree as follows: A. The Service Provider shall provide a budget to the City which shall reflect the projected distribution of funds received from the City pursuant to this agreement during the term of this agreement. The budget shall be submitted to the Assistant City Manager of the City prior -2- to any payment by the City, attached hereto as Exhibit B. B. The Service Provider shall provide a written performance report detailing the disbursements of the monies to be paid by the City to the Service Provider pursuant to this agreement. This report shall be provided to the City on September 15, 2007 . C. The City has the right to review all accounting records of the Service Provider related to the use of the monies to be paid by the City to the Service Provider pursuant to this agreement upon 72 hours advance notice from the City to the Service Provider. D. The Service Provider shall have an audit performed on its financial statements for the year ending December 31, 2006. The audit must be performed by an independent certified public accountant recognized in good standing by the American Institute of Certified Public Accountants and licensed in the State of Illinois . The Service Provider shall provide the City with two copies of the said audited financial statement along with the management letter and any other correspondence related to internal control matters on or before July 15, 2007 . These statements shall be submitted to the Assistant City Manager at City Hall, 150 Dexter Court, Elgin, Illinois 60120-5555 . 7 . In the event this agreement is terminated, or in the event the Subject Services for which the City funds provided herein are to be applied are discontinued, or the Service Provider ceases its operations prior to December 31, 2007, the Service Provider shall refund to the City on a prorated per diem basis the funds paid hereunder for the portion of the year remaining after any such termination or for the portion of the year the Subject Services were not conducted. 8 . Service Provider agrees and warrants that the Service Provider has procured all licenses, permits or like permission required by law to conduct or engage in the Subject Services provided for in this agreement, and that the Service Provider will procure all additional licenses, permits or like permission -3- hereinafter required by law during the term of this agreement, and that the Service Provider will keep same in full force and effect during the term of this agreement. Service Provider shall perform the Subject Services with due care and in compliance with all applicable legal requirements. 9. The term of this agreement shall commence from the date of the execution hereof and continue through December 31, 2007 . 10 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. Service Provider understands and agrees that the relationship of the Service Provider to the City arising out of this agreement shall be that of an independent contractor. It is expressly agreed and understood that the Service Provider and the Service Provider' s officers, employees and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 11 . If either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the agreement, the other party may terminate this agreement . Notwithstanding the foregoing, or anything else to the contrary in this agreement, no action shall be commenced by the Service Provider against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of the Service Provider in this agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the Service Provider reasonable interest and reasonable attorney' s fees . 12 . Notwithstanding any other provision hereof, the City may terminate this agreement at any time upon thirty (30) days prior written notice to the Service Provider. In the event this agreement is so terminated, the Service Provider shall be paid for services actually performed, and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not in any event exceed the total amount set forth under paragraph 4 above. Additionally, in the event this agreement is so terminated, the Service Provider shall immediately cease the expenditure of any funds paid to the Service Provider by the City and shall refund to the City any unearned or unexpended funds . -4- • 13 . To the fullest extent permitted by law, Service Provider 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, damages 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 Service Provider in connection herewith, including negligence or omissions or agents of the Service Provider arising out of the performance of this agreement and/or the Subject Services. In the event of any action against the City, 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 provisions of this paragraph shall survive any expiration and/or termination of this agreement. 14 . The Service Provider shall provide, pay for and maintain in effect, during the term of this agreement, comprehensive automobile liability insurance covering all owned, non-owned and hired motor vehicles used in connection with the Subject Services with limits of not less than $500, 000 per occurrence for damages to persons or property. The Service Provider shall also provide, pay for and maintain in effect, during the term of this agreement, worker' s compensation insurance in amounts required under the laws of the State of Illinois . At the request of the City the Service Provider shall provide to the City certificates of insurance regarding the insurance required in this paragraph. 15 . No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement . 16. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 17 . No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and -5- retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the City. 18 . The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . 19. This Agreement and its exhibits constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. The Service Provider shall have every participant and volunteer of the Event sign the attached waivers indemnity and release and assumption of risk. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 20 . This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 21 . The Service Provider certifies hereby that it is not barred from 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. 22 . As a condition of this contract, the Service Provider shall 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 state law; C. a description of sexual harassment, utilizing examples; D. the vendor' s internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; -6- F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act . A copy of the policies must be provided to the Department of Human Rights upon request (775 ILCS 5/2-105) . 23 . All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows : As to the City: As to Service Provider: City of Elgin Downtown Neighborhood Association 150 Dexter Court 2 Douglas Avenue Elgin, IL 60120-5555 Elgin, IL 60120 Attention: Sean Stegall Attention: Norma Miess Assistant City Manager Executive Director With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 24 . This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the Service Provider 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. 25 . 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 Service Provider 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. -7- CITY OF ELGIN, a municipal Downtown Neighborhood Association Corporation of Elgin By Vw_, _ ` By 'anager ' A t t : e../.;;Lee ' ty Cl k -8- EXHIBIT A FOURTH OF JULY PARADE — SCOPE OF SERVICES FOR 2007 PURCHASE OF SERVICE AGREEMENT 1 . DNA shall spend the budgeted amount for entertainment purposes as outlined in the attached 2007 Fourth of July Parade Proposed Budget. 2 . The City of Elgin' s Special Event Coordinator shall serve as a member of the entertainment committee for the Fourth of July Parade. 3. The City' s support shall be acknowledged as the main sponsor of the Event and shall receive the benefits of sponsorship consistent with the level of support provided in this agreement. The City' s support shall be acknowledged on all print materials as a main sponsor promoting the Event in press releases, radio advertising, web page information and event program(s) through the following mandatory funding identification statement: "The City of Elgin and the Downtown Neighborhood Association Present the Annual Fourth of July Parade. " Three samples of this acknowledgement shall be provided to the City. A logo provided by the City to the Service Provider shall be used for this purpose. 4 . In all printed materials in which a City seal or logo is deemed appropriate, approval by the Public Information Officer of the City is required prior to printing. 5 . DNA shall provide all services for organizing and conducting the Event and all activities associated therewith such as registration and mailing material, soliciting participants and/or entertainment, securing event insurance and waivers from participants, coordinating volunteers, media packet, coordination of the lineup the day of Event, and general coordination with appropriate City departments and other entities. 6. The City of Elgin shall provide the marketing and promotion for the Event including but not limited to graphic design of ad and poster, placement of ads in local media, printing of posters, and recognition of Event in City publications such as Spirit, electronic scroll board, Channel 17, and website. -9- 7 . The Event shall be conducted in the City of Elgin on July 4, 2007, commencing at 9: 00 a.m. at Douglas and Slade Avenues, continuing south on Douglas Avenue and ending at Highland Avenue, Elgin, Illinois . 8 . DNA shall provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13 . 25 . 070 naming the City as primary, non-contributory coinsured with the limits of not less than $1, 000, 000 combined single limit per occurrence for bodily injury and property damage with a general aggregate limit of not less than $2, 000, 000 . This insurance shall apply as primary insurance with respect to any other insurance or self-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 so as to be primary respect to the City. 9 . City shall be responsible for 7 port-o-lets, 2 hand washing units, installation of barricades, street sweeping, and police officers to assist with the security of the Event . 10 . DNA shall make the best effort attempt to provide all event information to the City to assist in answering requests by both participants and/or residents . -10- 2007 Fourth of July Parade Proposed Budget Revenue Purchase of Service Agreement $13, 680 Corporate Sponsors 16, 000 Participant Contribution 500 Total CASH Contribution $30,180 Expenses Entertainment $13, 680 Registration Material & Mailing 600 Website 500 Buntings & window painting 250 Banners 1, 000 Volunteer recognition 1, 700 Event insurance 1, 500 Supplies (i . e. paper, phone, copier, etc. ) 1, 500 Staff coordination 9, 450 TOTAL $30,180 Additional Services - Not Paid City DNA Street Sweeping - equipment $274 Street Sweeping - 6. 5 man hours 346 Street Sweeping - water 99 Barricade rental 700 Parade barricade pre-setup July 3'd - 812 23 man hours & equipment Parade barricade disbursement July 2, 356 4th - 48 man hours & equipment 2 pieces of equipment in parade - 8 428 man hours , 5 port-o-lets 401 2 handicap port-o-lets 210 2 hand washing units 210 Police 10, 000 Entertainment - free ads, graphic $3, 000 design, printing Promotion 7, 000 Volunteers - planning & execution 19, 000 time Staff coordination 5, 000 ' TOTAL $15,818 $34,000 -11- CITY OF ELGIN and DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOURTH OF JULY PARADE 2007 WAIVER AND RELEASE AND ASSUMPTION OF RISK IMPORTANT INFORMATION The City of Elgin and Downtown Neighborhood Association of Elgin are committed to conducting recreation activities in a safe manner and holds the safety of participants in high regard. I acknowledge and recognize the Fourth of July Parade 2007 is a recreational event . The City of Elgin and Downtown Neighborhood Association of Elgin continually strive to reduce such risk and insist that all participants follow safety rules and instructions that are designed to protect the participants' safety. However, participants and parents/guardians of minors participating in the Fourth of July 2007 parade must recognize that there is an inherent risk of injury when choosing to participate in recreational activities . You are solely responsible for determining if you or your minor child/ward are physically fit and/or adequately skilled for the activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. The Fourth of July 2007 parade participants and/or volunteers under age eighteen (18) must have this form signed by a parent or legal guardian (in such event, all references herein to "I" shall be deemed to refer to the participant/volunteer who is under age eighteen (18) ) . I understand that I will be a Fourth of July 2007 parade participant and/or volunteer and will be participating in the parade at my own risk. I acknowledge that my participation is voluntary. I attest that I am physically fit and prepared for this event . I will not create an unsafe situation for other individuals, or myself nor will I engage in any task with which I am not completely comfortable. I will abide by all applicable federal, state and local laws, as well as the rules and directions of the parade staff. If I bring any children or young adults with me to participate in the parade, I will be solely responsible for providing for their safety and will keep them under close supervision at all times I hereby grant the City of Elgin and Downtown Neighborhood Association of Elgin full and complete permission to use in legitimate promotions of the parade photographs of me and -12- quotations from me. WARNING OF RISK Participation in the Fourth of July Parade 2007 is a challenge and engage the physical, mental and emotional resources of each participant . However, despite careful and proper preparation, instruction, medical advice, conditioning and equipment, there is still a risk of injury. Understandably, not all hazards and dangers can be foreseen. The very nature of participation in the Fourth of July Parade 2007 can have risks, including, but not limited to, overexertion, slip and falls, lack of good physical conditioning, inadequate or defective equipment, inadequate instruction or supervision, poor technique, carelessness, horseplay, and all other risks inherent in the parade participation. In this regard, it must be recognized that it is impossible for the City of Elgin and Downtown Neighborhood Association of Elgin to guarantee absolute safety. WAIVER, INDEMNITY AND RELEASE OF ALL CLAIMS AND LIABILITY AND ASSUMPTION OF RISK In consideration of receiving permission from the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Downtown Neighborhood Association of Elgin (hereinafter referred to as "DNA") to participate in the Fourth of July Parade 2007 the receipt and sufficiency of which is hereby acknowledged, the undersigned for himself/herself and his/her heirs, distributees, next of kin, dependents, personal representatives, executors, administrators, successors and assigns, and all other related persons or entities, does hereby and shall to the fullest extent permitted by law waive, release, indemnify, defend and hold harmless City, DNA, their officials, officers, employees, agents, volunteers and assigns, and all other related persons or entities, from and against any and all claims, suits, judgments, costs, attorney' s fees, damages or other liability or relief whatsoever, arising out of or related to any loss, damage or injury, including death, that may be sustained by the undersigned, or any property of the undersigned, during and/or related to parade participation. In the event of any action or proceeding against City, DNA, their officials, officers, employees, agents, volunteers and/or its assigns, and/or all other related persons or entities, covered by the foregoing duty to indemnify, defend and hold harmless, such action or proceeding shall be defended by legal counsel of City' s choosing and the cost thereof shall be paid by the undersigned. In the event a participant/volunteer is to operate a motor vehicle as part of the parade participation, the participant/volunteer represents and warrants to the City that the operator of any such motor vehicle shall be a licensed driver and the -13- participant/volunteer shall provide to the DNA concurrently with the submittal of this executed form proof of comprehensive automobile liability insurance covering the motor vehicle to be used in connection with the parade with limits of not less than $300, 000 per occurrence for damages to persons or property. Participant/volunteer represents and warrants that it shall keep such automobile liability insurance in effect through and including the date of the Fourth of July Parade. The undersigned being duly aware of the risks and hazards inherent in parade participation, the undersigned hereby voluntarily assumes all risks of loss, damage, or injury, including death, that may be sustained by the undersigned. The undersigned hereby declares and represents that no promise, inducement or agreement not herein expressed has been made to the undersigned and that the terms of this waiver and release are contractual and not merely recital. This waiver, indemnity, release and assumption of risk shall survive the Fourth of July 2007 parade. The undersigned hereby acknowledges and represents that he/she is eighteen (18) years of age or older and of sound mind. The undersigned hereby further acknowledges and represents that he/she has read the foregoing waiver and release and understands it signs it voluntarily and accepts it in its entirety. If registering on-line or via facsimile, my on-line or facsimile signature shall substitute for and have the same legal effect as an original form signature. Address: Print Name of Individual/Participant/Volunteer Signature of Individual/Participant/Volunteer Print Name of Organization/Group/Business Participant (if any) Signature of Authorized Representative of Organization/Group/Business Participant Dated: -14- PARENT FORM ACKNOWLEDGEMENT The undersigned hereby further declares and represents that he/she is the parent of the Minor Child named herein and has the full authority to enter into and execute this waiver, release, indemnification and hold harmless for the Minor Child. The undersigned hereby further acknowledges and represents that he/she has read the foregoing waiver and release and understands it signs it voluntarily and accepts it in its entirety. If registering on-line or via facsimile, my on-line or facsimile signature shall substitute for and have the same legal effect as an original form signature. Age of Child: Print Name of Minor Child Home Address : Print Name of Parent Dated: Parent' s Signature -15- CITY OF ELGIN AND DOWNTOWN NEIGHBORHOOD ASSOCIATION OF ELGIN FOURTH OF JULY PARADE 2007 WAIVER, INDEMNITY AND RELEASE AND ASSUMPTION OF RISK FOR ASSOCIATION AND/OR ORGANIZATION AND ITS MEMBERS IMPORTANT INFORMATION The City of Elgin and Downtown Neighborhood Association of Elgin are committed to conducting recreation activities in a safe manner and holds the safety of participants in high regard. The association and/or organization acknowledges and recognizes that the Fourth of July Parade 2007 is a recreational event . The City of Elgin and Downtown Neighborhood Association of Elgin continually strive to reduce such risk and insist that all participants follow safety rules and instructions that are designed to protect the participants' safety. However, association and/or organizations participating in the Fourth of July 2007 parade must recognize that there is an inherent risk of injury when choosing to participate in recreational activities . You, the association and/or organization, are solely responsible for determining if your members are physically fit and/or adequately skilled for the activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant, disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. The Fourth of July 2007 parade association and/or organization must have this form signed by those in actual authority to bind the association and/or organization and its members. The association and/or organization understands that it will be a Fourth of July 2007 parade participant and/or volunteer and will be participating in the parade at its own risk, and acknowledge that participation is voluntary. The association and/or organization attests that the members are physically fit and prepared for this event. The association and/or organization will not create an unsafe situation for other individuals, or its members nor will it engage in any task with which it is not completely comfortable. It will abide by all applicable federal, state and local laws, as well as the rules and directions of the parade staff. If it brings any children or young adults with it to participate in the parade, it will be solely responsible for providing for their safety and will keep them under close supervision at all times -16- it May 4, 2007 ` .-.. TO: Mayor and Members of the City Council - Accrcanoaat,Leisure and FROM: Olufemi Folarin, City Manager C.ulrnraa opporh,nilie,!or All(:hi cni RuthAnne K. Hall, Management Analyst SUBJECT: Downtown Neighborhood Association 4th of July Parade Purchase of Service Agreement PURPOSE The purpose of the memorandum is to provide information to the Mayor and members of City Council to consider a Purchase of Service Agreement with the Downtown Neighborhood Association(DNA) for the 4th of July parade. RECOMMENDATION The purpose of the memorandum is to provide information to the Mayor and members of City Council to consider a Purchase of Service Agreement with the Downtown Neighborhood Association(DNA) for the 4th of July parade in the amount of$29,492. BACKGROUND Since 2000, the DNA has carried the responsibility of the event planning and implementation of the 4th of July parade held in the City's downtown. Historically the City has provided a cash contribution as a co-sponsor for the event, plus assistance with labor and equipment from various City departments. The event will take place on Monday, July 4th, beginning at 9:00 a.m. The event will commence at the corner of Douglas and Slade Avenues and proceed south to the corner of Douglas and Highland Avenues. The 2006 Budget includes $13,680 for the event planning and implementation of the 4th of July Parade. DNA will also be seeking additional funding for the event from outside organizations. City funds will be applied to expenses related to securing marching bands, decorations, entertainment, promotion and other operational needs. DNA will be responsible for providing an accounting of how the $13,680 was expended upon conclusion of the event. This amount does DNA 4th of July Parade Purchase of Service Agreement May 4, 2007 Page 2 not include costs to the City for providing the necessary labor and equipment associated with the event. DNA has requested that the City provide services for the necessary labor and equipment for the event. It is estimated that the labor and equipment costs for the event will total $15,812. The following is a listing of the projected costs for the necessary labor and equipment. 1. Placement of barricades to block off streets from traffic: The estimated cost for the barricade rental is $700. Staff estimates that 23 man hours and equipment will be utilized for pre-setup at a cost of$812 and 48 man hours and equipment will be used on the day of event for placement and pick up of barricades at a cost of$2,356. 2. Street Sweeping: Estimated cost for sweeping the street prior to and after the parade is estimated at $719, which includes $346 for the labor, $274 for the use of equipment, and $99 for the water. 3. Police Labor: Estimated cost of twenty-five (25) officers to assist with the security for the event for a period of seven(6)hours is $10,000. 4. Port-o-lets and Handwashing Stations: Estimated cost for placement of 5 standard port- o-lets($401), 2 handicapped port-o-lets ($210), and 2 hand washing units ($210) is $821. 5. Equipment in the Parade: Estimated cost for the use of two pieces of Public Works equipment and the 8 man hours needed to operate them for the parade is $428. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The total cost of the Purchase of Service Agreement with DNA is a not to exceed amount of $29,492. Funds totaling $13,680 have been budgeted and are available for event planning and implementation of the 4th of July Parade by DNA in account number 275-0000-791.80-36, project number 039655. Police services will equal no more than $10,000 and will be charged to the General Fund, Police Department Overtime Employee Earnings, account number 010-2308- 731-01-02, project number 030114 where sufficient funds exist to pay for the personnel related overtime costs. A total of$1,521 will be allocated to the costs of port-o-lets, handwashing units, street sweeper, and barricades and will be charged to the General Fund, Miscellaneous Services, City Sponsored Events, Miscellaneous Supplies, account number 010-0801-709.45-99 where sufficient funds were budgeted($10,000) and available($10,000). Cost of labor provided by the Public Works for the event will equal $4,315 and will be charged to the General Fund, City Sponsored Events, Overtime Earnings, account number 010-0801-709.01-02 where sufficient funds were budgeted($50,000) and available ($50,000). . r DNA 4th of July Parade Purchase of Service Agreement May 4, 2007 Page 3 LEGAL IMPACT None. ALTERNATIVES 1. The Council may choose to approve the agreement with the Downtown Neighborhood Association to organize the 4th of July Parade for a not-to-exceed amount of$29,492. 2. The Council may choose not to approve the agreement with the Downtown Neighborhood Association to organize the 4th of July Parade for a not-to-exceed amount of$29,492. Respectfully submitted for Council consideration. RKH Attachments