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Home My WebLink About22-105 Resolution No. 22-105 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH DUFF ENTERTAINMENT, INC. FOR OPERATIONAL SERVICES FOR THE 2022 NIGHTMARE ON CHICAGO STREET EVENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with DUFF Entertainment, Inc., for operational services for the 2022 Nightmare on Chicago Street event, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 22, 2022 Adopted: June 22, 2022 Vote: Yeas: 7 Nays: 2 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 22 day of June , 2022,by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as the"City") and DUFF Entertainment,Inc., an Illinois corporation,(hereinafter referred to as"DUFF"). NOW, THEREFORE, in consideration of the mutual promises and covenants provided for herein,the sufficiency of which is mutually acknowledged,the parties hereto hereby agree as follows: 1. City shall purchase, and DUFF shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. This agreement is 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 the Circuit Court of Kane County, Illinois. DUFF hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and DUFF agrees that service by first class U.S. mail to DUFF Entertainment, Inc., c/o Harry Rice, 800 Huntleigh Dr., Naperville, Illinois 60540 shall constitute effective service. Both parties hereto waive any rights to a jury. 3. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 4. This agreement embodies the whole agreement of the parties. There are no promises,terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 5. DUFF hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 50511, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 6. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this agreement shall remain in full force and effect. 7. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, DUFF shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, DUFF hereby certifies, represents and warrants to the City that all of DUFF'S employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. DUFF shall also, at its expense, secure all permits and licenses,pay all charges and fees,and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of DUFF to determine DUFF'S compliance with the provisions of this section. In the event the City proceeds with such an audit,DUFF shall make available to the City DUFF'S relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 8. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 9. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement shall control. 10. City shall pay DUFF within thirty(30)days of City's receipt of invoice pursuant to the pricing schedule included in Attachment A;provided,however,that in no event shall City pay a total amount in excess of$24,393.75 without the prior written agreement of the City, regardless of any goods or services provided by DUFF. 11. The services contemplated by this agreement shall be provided on October 22, 2022, or upon such other dates (as) and times as may be directed by the City in its sole discretion. In the event of the exercise of the aforementioned discretion by the City,the City shall not be liable to DUFF or any funds in excess of those contemplated by this agreement without the prior written approval of this City in the City's sole discretion. 12. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages,or any damages resulting from loss of profit. DUFF ENTERTAINMENT, INC. CI GIN Harry Rice Print Name Richard G. ozal, City M ager __V4r414 Att Signature 1 C rk President Title Legal Dept\Agreement\Purchase Agr-Duff Entertainment-NCOS-5-11-22.docx 2 ATTACHMENT A RFP No. 22-015 Ticketing, Entry Gate, & Security Services City of Elgin, 150 Dexter Court, Elgin IL. 60120-5555 DUFF ENTERTAINMENT, INC. ATTACHMENT A EVENT Nightmare on Chicago Street vendor Ticket Sellers Dates: 22-Oct Saturday Oct 22 START END HRS - HOURS RATE TOTAL Treasurer Tony 1 3:00 PM 12:00 AM 9:00 0:00 $ 37.00 $ 333.00 Asst. Treasurer TBD 1 3:00 PM 12:00 AM 9:00 0:00 $ 32.00 $ 288.00 2 16 Total Treasurers $ 621.00 Ticket Sellers Gate 41 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #1 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #1 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #1 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #1 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #2 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #2 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #2 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #2 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #2 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #3 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #3 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #3 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #3 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #3 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #4 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #4 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #4 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #4 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 Gate #4 seller 1 4:00 PM 11:00 PM 7:00 7 $ 22.00 $ 154.00 20 140 Total $ 3,701.00 Total Staff 22 TOTAL HOURS 156 EVENT Nightmare on Chicago Street vendor Gate staff Dates: 22-Oct Saturday Oct 22 START END HRS - HOURS RATE TOTAL Gates manager TBD 1 9:00 AM 11:30 PM 14:30 14.5 $ 550.00 1 14.5 Total Superviser $ 550.00 GATE STAFF Gate #1 supervisor super 1 3:30 PM 11:00 PM 7:30 7.5 $ 28.00 $ 210.00 Gate #1 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #1 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #1 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #1 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #1 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #2 supervisor super 1 3:30 PM 11:00 PM 7:30 7.5 $ 28.00 $ 210.00 Gate #2 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #2 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #2 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #2 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #2 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #3 supervisor super 1 3:30 PM 11:00 PM 7:30 7.5 $ 28.00 $ 210.00 Gate #3 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #3 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #3 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #3 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #3 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #4 supervisor super 1 3:30 PM 11:00 PM 7:30 7.5 $ 28.00 $ 210.00 Gate #4 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #4 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #4 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #4 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 Gate #4 scanner 1 3:30 PM 11:00 PM 7:30 7.5 $ 22.00 $ 165.00 24 180 Total $ 4,690.00 Total Staff 25 TOTAL HOURS 194.5 EVENT Nightmare on Chicago Street vendor INNER VALOR INC Dates: October 22, 2022 Saturday Oct 22 START END HRS - HOURSFAL Hot RATE TOTAL Commander 1 2:00 PM 11:30 PM 9:30 9.5 9.5 $ 40.00 $ 380.00 1 9.5 9.5 Total Supervisor $ 380.00 SECURITY STAFF Gate #1 Team Leader supervisor 1 2:00 PM 11:00 PM 9:00 9 9 $ 32.00 $ 288.00 Gate #1 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #1 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #1 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #1 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #1 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #2 Team Leader supervisor 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 32.00 $ 240.00 Gate #2 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #2 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #2 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #2 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #2 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #3 Team Leader supervisor 1 2:00 PM 11:00 PM 9:00 9 9 $ 32.00 $ 288.00 Gate #3 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #3 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #3 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #3 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #3 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #4 Team Leader supervisor 1 2:00 PM 11:00 PM 9:00 9 9 $ 32.00 $ 288.00 Gate #4 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #4 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #4 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #4 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Gate #4 bag check 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Stage Team Leader supervisor 1 3:30 PM 11:00 PM 7:00 7 7 $ 32.00 $ 224.00 Stage #1 security 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Stage #2 security 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Stage #3 security 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Back Stage Support security 2 3:30 PM 11:00 PM 7:30 7.5 15 $ 26.50 $ 397.50 Vendor Entrance security 1 2:00 PM 11:00 PM 9:00 9 9 $ 26.50 $ 238.50 Fountain Square Apt security 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Allys security 8 3:30 PM 11:00 PM 7:30 7.5 60 $ 26.50 $ 1,590.00 Fence Line on Highland security 1 3:30 PM 11:00 PM 7:30 7.5 7.5 $ 26.50 $ 198.75 Total Security $ 8,902.75 Total Staff 42 TOTAL HOURS 322.5 EVENT Nightmare on Chicago Street vendor Set-up labor Dates: 22-Oct Saturday Oct 22 START END HRS - HOURS Day RATE TOTAL GATE STAFF Labor#1 set-up 1 12:00 PM 4:00 PM 4:00 4 $ 250.00 $ 250.00 Labor#2 set-up 1 12:00 PM 4:00 PM 4:00 4 $ 250.00 $ 250.00 Labor#3 set-up 1 12:00 PM 4:00 PM 4:00 4 $ 250.00 $ 250.00 Labor#4 set-up 1 12:00 PM 4:00 PM 4:00 4 $ 250.00 $ 250.00 van/sign rental 1 $ 850.00 Total $ 1,850.00 Total Staff 4 TOTAL HOURS 16 entertainment. info@duffentertainment.com 3/24/2022 Butch Wilhelmi City of Elgin PROPOSAL 2022 "Nightmare on Chicago Street" Duff Entertainment, Inc. (DEI) propose to perform the following services for the City of Elgin (COE) for the 2019 "Nightmare on Chicago Street" ("Event") to be held October 22, 2022 Scope of Services• • Conduct site surveys as necessary and produce maps and/or plans for distribution • Develop a gate operations budget detailing all fixed and variable expense • Hire certified, bonded and insured ticket sellers for day of event ticket sales • Provide gate staff-ticket scanners • Hire security for event and gate operations • Security vendor shall supply all necessary equipment including, but not limited to metal detectors, flashlights, etc. • Assist in the development and implementation of a security plan • Determine quantities and specifications for equipment and materials used for the event • Coordinate with ticket vendor (to be mutually agreed upon) for advance ticket sales and day of event ticket sales • Ticket vendor shall supply all necessary equipment- including, but not limited to a minimum of 20 ticket scanners, stamps/pads required for re- entry, etc. • Draft schedule for pre-production, load-in, and event day • Physical layout/minimum staffing to include: a) Four ticket booths with at least five tickets sellers and one supervisor per location plus one overall manager b) Four entry gates with at least five lanes per location c) Ticket takers/scanners for each lane plus one supervisor per entry location plus one overall manager d) Security personnel for bag check and/or wanding for each lane and one supervisor per entry location; one security office per four backstage locations plus one overall manager.An Elgin Police Officer will be assigned to each ticket booth location e) Crew to distribute tables, chairs, barricades, signage, etc. to box office and gate locations f) Tents, chairs and tables provided by COE Gate Operation Schedule: a) 4pm Gates and backstage areas shut to public and security personnel in place b) 5pm On site ticket sales begin c) 6pm Festival opens- If all aspects of production,security, etc. are in place, it is preferable to open to the public as early as 5pm d) 10:45pm On site ticket sales ends e) llpm Festival closes- Entry gate personnel and security released. Proposed Management Team & Fees Management $5,250.00 Labor Services (estimated) Gate staff, security staff, ticket sellers, and set-up crew $19,143.75 (see attached estimated schedules) Financial Procedures, Cash Flow and Payment Terms: 1. Within 60 days prior to the event date, DEI will submit an invoice to COE for 50% of the management fees plus a pre-agreed amount for a deposit towards production & labor expenses. 2. 3 days following the event, DEI distributes a final reconciled statement with back-up documentation for payment by COE. Qualifications and Exclusions: All agreements contingent upon accidents, strikes, acts of God or delay beyond our control. DEI is not liable for consequential damages. This proposal is contingent upon completion of a qualified survey of the event site and final determination regarding access to the event site before and after the event. The DEI reserves the right to complete this project with the use of subcontractors and rental equipment prior to installation as required. Labor numbers are for estimating purposes only. Labor will be billed at actual hours/rates worked. DEI/FMG work rules will apply (copy available upon request) drt4- 4. - Harry Rice President, Duff Entertainment For City of Elgin � I