HomeMy WebLinkAbout08-75 •
Resolution No. 08-75
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 Diane Robertson,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: March 12, 2008
Adopted: March 12, 2008
Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
PURCHASE OF SERVICE AGREEMENT - FOURTH OF JULY PARADE
THIS AGREEMENT is made and entered into this 1-
THIS day
of f-e.,jy 1, 2008, by and between the CITY OF ELGIN, Illinois,
a municipal,rporation (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 2008 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 Twenty-
Six Thousand Dollars ($26, 000) . Such payment shall be made in two
installments of Thirteen Thousand Dollars ($13, 000) . The first
aforementioned payment shall be made within 30 days of the date of
this agreement. The second aforementioned payment shall be made on
or before June 30, 2008 . 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 2008
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
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this agreement . The budget shall be submitted
g g
to the Assistant City Manager of the City prior
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, 2008 .
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, 2007 . 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, 2008, 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
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provided for in this agreement, and that the Service Provider will
procure all additional licenses, permits or like permission
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, 2008 .
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
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funds paid to the Service Provider by the City and shall refund to
the City any unearned or unexpended funds .
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
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possible by or resulting from this Agreement on the grounds of sex,
race, color, creed, national origin, age except minimum age and
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
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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 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: Tonya Hudson
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.
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CITY OF ELGIN, a municipal Downtown Neighborhood Association
Corporation of Elgin
By c \ By
City anage '
Attest:
City Clerk
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EXHIBIT A
FOURTH OF JULY PARADE — SCOPE OF SERVICES
FOR 2008 PURCHASE OF SERVICE AGREEMENT
1 . DNA shall spend the budgeted amount for entertainment purposes
as outlined in the attached 2008 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.
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7 . The Event shall be conducted in the City of Elgin on July 4,
2008, 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.
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II �
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���� i . Fourth of July Parade 2008
wizi .. -: � Projected Budget
Downtown Neighborhood Association
1~veryo 1e's Neighborhood.
1
', , Income
X' 2 r .
V City Co-Sponsorship $23,680
Private Sponsorship $16,000
Entry Fees $5,000
M ''� ' MI
�
� 2aos Expenses
�ad Entertainment $16,000
Crkb..tins the Red,white&BLUES Special Entertainment $7,680
Marketing/Promotions $5,000
Decorations $5,000
Insurance $1,500
Staff Coordination $3,700
Volunteer Recognition (T-shirts, etc.) $1,500
Deposits to book '09 entertainment $4,300
In-Kind Services
City Services $15,000
Volunteers $20,000
Marketing Provided by City - Value TBD by City
150 color posters
Local media ads
Ad/press release in Spirit
Electronic Scroll Board Promo
Channel 17 Event Coverage
Total Income $44,680
Total Expenses ($44,680)
Total In-Kind $35,000
••fit J�.. •`.k,...
February 22, 2008 1p t'�
,41
e y
TO: Mayor and Members of the City Council ~+�► "`
FROM: Olufemi Folarin, City Manager
/rnrnti in 11 Leisure and
RuthAnne K. Hall, Management Analyst Cu(tur> Opportunities(>r.111 Citizens
4th of Jul Parade Purchase of Service
SUBJECT: Downtown Neighborhood Association y
Agreement
PURPOSE
The purpose of the memorandum is to provide information to the Mayor and members of the
City Council to consider a Purchase of Service Agreement with the Downtown Neighborhood
Association(DNA) for the 4th of July parade.
RECOMMENDATION
It is recommended that the City Council consider a Purchase of Service Agreement with the
DNA for the 4th of July parade in the amount of$41,836.
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 Friday, 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 2008 Budget includes $26,000 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 additional live entertainment, marching
bands, decorations, entertainment, promotion and other operational needs. DNA will be
responsible for providing an accounting of how the $26,000 was expended upon conclusion of
the event. This amount does not include costs to the City for providing the necessary labor and
equipment associated with the event.
. R
DNA 4th of July Parade Purchase of Service Agreement
February 22,2008
Page 2
DNA has requested that the City provide services for the necessary labor and equipment for the
event. It is estimated, based on costs attributed to the event in 2007, that the labor and
equipment costs for the event will total $15,836. 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(7)hours is$10,000.
4. Port-o-lets and Hand washing Stations: Estimated cost for placement of five standard
port-o-lets ($401), two handicapped port-o-lets ($210), and two 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 eight 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
$41,836. Funds totaling $26,000 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.
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
$1,894 will be allocated to the costs of port-o-lets, hand washing 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
exist. Cost of labor provided by the Public Works for the event will equal $3,942 and will be
charged to the General Fund, City Sponsored Events, Overtime Earnings, account number 010-
0801-709.01-02 where sufficient funds exist.
DNA 4th of July Parade Purchase of Service Agreement
February 22, 2008
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 in the amount of$41,812.
2. The Council may choose not to approve the agreement with the Downtown Neighborhood
Association to organize the 4th of July Parade in the amount of$41,812.
Respectfully submitted for Council consideration.
RICH
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