HomeMy WebLinkAbout23-119 Resolution No. 23-119
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH DUFF
ENTERTAINMENT, INC. FOR OPERATIONAL SERVICES IN CONNECTION WITH
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 the operational services in connection with 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: May 24, 2023
Adopted: May 24, 2023
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 24th day of May 2023,
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 "DEI").
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 DEI shall sell the goods and/or services described by Attachment
A, attached hereto and made a part hereof, at the City's Nightmare on Chicago Street event,
scheduled to be held on October 21,2023 (the"Event"). The goods and/or services to be provided
in Attachment A and the prices therefore are identified as"Option#2."
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. DEI 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 DEI 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. DEI 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, DEI shall comply with all
applicable federal, state, city, and other requirements of law, including, but not limited to, any
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applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal
status of employees. Without limiting the foregoing,DEI hereby certifies,represents,and warrants
to the City that all of DEI'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.
DEI 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 DEI to determine DEI'S compliance with the provisions of
this section. In the event the City proceeds with such an audit, DEI shall make available to the
City DEI'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 Agreement and
Attachment A hereto,the terms and provisions of this Agreement shall control
10. City shall pay DEI an amount to be determined by the actual hours worked and the actual
services provided,based upon the rates and amounts set forth in the pricing schedules included in
Attachment A, within thirty (30) days of City's receipt of an invoice for the same; provided,
however, that in no event shall City pay a total amount in excess of$45,023.50 without the prior
written agreement of the City,regardless of any actual goods or services provided by DEI.
11. The services contemplated by this Agreement shall be provided on October 21, 2023, or,
in the event that the City determines that the Event needs to be rescheduled due to inclement
weather, accidents, strikes, acts of God, or any other reason, upon such other date(s) 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 DEI for any funds in excess of those
contemplated by this Agreement without the prior written agreement of the 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 the City be liable for any consequential,special
or punitive damages,or any damages resulting from loss of profit.
13. The City shall have the right to renew this Agreement for the City's Nightmare on Chicago
Street event for the years 2024 and 2025 upon the same terms and conditions of this Agreement,
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in the City's sole discretion.
The persons signing this Agreement on behalf of the parties below certify that s/he has
been authorized by the respective party to commit said party contractually,and has been authorized
to execute this Agreement on said parry's behalf.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first
above written.
DUFF ENTERTAINMENT, INC. CITY OF ELGIN
Duff Rice
Print Name c and z ' Cl a g
Atte
Signa City CLerl
President
Title
3
ATTACHMENT A
(Duff Entertainment, Inc., Proposal with Option #2 to be inserted)
entertainment.
DuffEntertainment.com . . . - - -
4/24/2023
Alexandria Radovics
City of Elgin
PROPOSAL
2023"Nightmare on Chicago Street"
Duff Entertainment, Inc. (DEI) propose to perform the following services for the City
of Elgin (COE)for the 2023 "Nightmare on Chicago Street" ("Event") to be held
October 21,2023
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 (if applicable)
• 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) Two Box office booths with appropriate staff per location plus one overall
manager.Add 3`d Box office if choosing option #2 below.
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 (if applicable)
d) Security personnel for bag check and/or wanding for each lane and one
supervisor per entry location.
e) DEI to rent fence/barricade for security/entrance lanes.
f) DEI Crew to distribute tables,chairs, barricades,signage,etc.to box office
and gate locations
g) 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) 4pm On site wristband pickup and/or 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) 11pm Festival closes-Entry gate personnel and security released.
Proposed Management Team & Fees
The following are three options for executing ticket scanning and/or wristband
fulfillment. Duff Entertainment recommends option #3. Duff Entertainment is
confident that any scanning issues in the past will be corrected with updates to
software. In addition,we are proposing adding an *optional ethernet network to
each gate as an extra measure.
If choosing wristband options,we have listed 2 options below and we might need to
add more depending on how many wristbands need fulfillment. We feel there will
be a minimum of 5,000 wristbands that will need to be fulfilled on the day of the
event.The wristband option would mean customers would need to wait in line
twice. Once for their wristbands and then again going through security check. If
there are more than 6,000 customers needing wristband fulfillment,we would
recommend adding another Box Office (4 total) and at least 8 more staff to keep up
with demand of wristband fulfillment.
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Option #1-Wristband on-site fulfillment up to 3,000
Labor Services(estimated)
Security staff $15,324.00
Box Office-wristband fu lfi I I ment $4,341.50
Set-up crew $3,350.00
Equipment-16 tablets,4 credit card terminals $4,000.00
Equipment-gate fence barricade estimated 1,200 ft $3,500.00
Wristbands rice may vary on quantity and custom options) $5,500.00
Duff Entertainment Management Fee $5,250.00
Option#1 Total $41,265.50
Option #2-Wristband on-site fulfillment 3,000-6,000
Labor Services (estimated)
Security staff $15,324.00
Box Office-wristband fulfillment $6,29950
Set-up crew $3,350.00
Equipment-24 tablets,6 credit card terminals $5,800.00
Equipment-gate fence barricade estimated 1200 ft $3,500.00
Wristbands rice may vary on quantity and custom options $5500.00
Duff Entertainment Management Fee $5,250.00
Option#2 Total $45,02350
Option #3-Gate scanning (no wristbands)
Labor Services(estimated)
Securit staff $15,324.00
Box Office $930.50
Set-up crew $3,350.00
Gate scanners staff $4,690.00
Equipment-4 credit card terminals,printers,scanners $800.00
Equipment-gate fence barricade estimated 1200 ft $3,500.00
Equipment-Ethernet cable installed to each gate *optional $4,500.00
Duff Entertainment Management Fee $5,250.00
Option#3 Total $38,344.50
1 �
EVENT Nightmare on Chicago Street vendor Inner Valor
Dates: October 21, 2023
Saturday Oct 21
START END HOURSTL HOURS RATE TOTAL
Commander 1 2:00 PM 11:30 PM 9.5 9.5 $ 42.00 $399.00
1 9.5 9.5
Total Supervisor $399.00
Gates
Gate #1 supervisor 1 2:00 PM 11:00 PM 9 9 $ 42.00 $378.00
Gate #1 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #1 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #1 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #1 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #1 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #1 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #1 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #2 supervisor 1 2:00 PM 11:00 PM 9 9 $ 42.00 $378.00
Gate #2 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #2 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #2 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #2 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #2 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #2 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #2 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#3 supervisor 1 2:00 PM 11:00 PM 9 9 $ 42.00 $378.00
Gate #3 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #3 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #3 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #3 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #3 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #3 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#3 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#4 supervisor 1 2:00 PM 11:00 PM 9 9 $ 42.00 $378.00
Gate#4 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#4 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#4 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#4 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#4 bag check 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate #4 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Gate#4 Exit 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Stages
Stage Sup. supervisor 1 3:30 PM 11:00 PM 7 7 $ 42.00 $294.00
Stage #1 Front stage 2 3:30 PM 11:00 PM 7.5 15 $ 32.00 $480.00
Stage #1 Backstage 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Stage#2 Front stage 2 3:30 PM 11:00 PM 7.5 15 $ 32.00 $480.00
Stage #2 Backstage 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Stage #3 Front stage 2 3:30 PM 11:00 PM 7.5 15 $ 32.00 $480.00
Stage #3 Backstage 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Stage #4 Front stage 2 3:30 PM 11:00 PM 7.5 15 $ 32.00 $480.00
Stage #4 Backstage 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Perimeter/Alleys
Roamers/Alleys Alleys 10 3:30 PM 11:00 PM 7.5 75 $ 32.00 $2,400.00
Roamers Highland 2 3:30 PM 11:00 PM 7.5 15 $ 32.00 $480.00
Fountain Square Apt
Fountain Square security 1 3:30 PM 11:00 PM 7.5 7.5 $ 32.00 $240.00
Total Staff 59 TOTAL HOURS 450
Total Security $ 15,324.00
EVENT Nightmare on Chicago Street vendor Set-up labor
Dates: 21-Oct
Saturday Oct 22
START END HRS - HOURS Day RATE TOTAL
GATE STAFF
Labor#1 set-up 1 12:00 PM 6:00 PM 6:00 6 $ 375.00 $ 375.00
Labor#2 set-up 1 12:00 PM 6:00 PM 6:00 6 $ 375.00 $ 375.00
Labor#3 set-up 1 12:00 PM 6:00 PM 6:00 6 $ 375.00 375.00
Labor#4 set-up 1 12:00 PM 6:00 PM 6:00 6 $ 375.00 $ 375.00
Labor#5 set-up 1 12:00 PM 6:00 PM 6:00 6 $ 375.00 Y 375.00
Labor#6 set-up 1 12:00 PM 6:00 PM 6:00 6 $ 375.00 375.00
Van 1 850.00
Sign boarsds 1 250.00
Total Staff 6 TOTAL HOURS 36.00
Total $ 3,350.00
EVENT Nightmare on Chicago Street vendor Box Office Staff
Dates: October 21, 2023
* Wristband Fulfillment of 3,000-6,000
Saturday Oct 21
START END HOURSTL HOURS RATE TOTAL
Treasurer Supervisor 1 12:00 PM 11:30 PM 11.5 11.5 $ 37.00 $425.50
1 11.5 11.5
Total Supervisor $425.50
Box Office#1
Highland-A wristband 1 12:30 PM 11:00 PM 10.5 10.5 $ 22.00 $231.00
Highland-A wristband 1 12:30 PM 11:00 PM 10.5 10.5 $ 22.00 $231.00
Highland-A wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
Highland-A wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
Highland-A wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
Highland-A wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Highland-A wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Highland-A wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Highland-A Ticket sales 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
Highland-A Ticket sales 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Box Office#2
Highland-B wristband 1 12:30 PM 11:00 PM 10.5 10.5 $ 22.00 $231.00
Highland-B wristband 1 12:30 PM 11:00 PM 10.5 10.5 $ 22.00 $231.00
Highland-B wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
Highland-B wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
Highland-B wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
Highland-B wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Highland-B wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Highland-B wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Highland-B Ticket sales 1 12:30 PM 10:30 PM 10 10 t 22.00 $220.00
Highland-B Ticket sales 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Box Office#3
South wristband 1 12:30 PM 11:00 PM 10.5 10.5 $ 22.00 $231.00
South wristband 1 12:30 PM 11:00 PM 10.5 10.5 $ 22.00 $231.00
South wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
South wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
South wristband 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
South wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
South wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
South wristband 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
South Ticket sales 1 12:30 PM 10:30 PM 10 10 $ 22.00 $220.00
South Ticket sales 1 3:30 PM 10:30 PM 7 7 $ 22.00 $154.00
Total Staff 31 TOTAL HOURS 278.5
Total Security $ 6,299.50