HomeMy WebLinkAbout24-140 Resolution No. 24-140
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 pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER 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 22, 2024
Adopted: May 22,2024
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 22 day of May , 2024,
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 19,2024(the"Event"). The goods and/or services to be provided
in 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. 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., do 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 505/1, 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$62,924.21 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 19, 2024, 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 year 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 party'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
Harry "Duff" Rice
Print Name Richard G. zal, City Manage
44/k P/1-c.. At . _
Signature CI Cl rk
President
TI le
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ATTACHMENT A
Duff Entertainment, Inc., Proposal
I UF
entertainment.
DuffEntertainment.com I info@duffentertainment.com
5/1/2024
Amanda Harris
City of Elgin
PROPOSAL
2024"Nightmare on Chicago Street"
Duff Entertainment, Inc. (DE) propose to perform the following services for the City of
Elgin (COE) for the 2024"Nightmare on Chicago Street" ("Event") to be held October
19, 2024.
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 and approved 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
• TicketWeb/DE shall supply all necessary equipment-including, but not
limited to a minimum of 20 ticket scanners.
• 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.
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.Optional "Walk Through" metal detectors
available.
e) DE to rent the fence/barricade for security/entrance lanes.
f) DE Crew to distribute tables, chairs, barricades,signage, etc. to box
office and gate locations.
Gate Operation Schedule
• 4:00 PM I Gates and backstage areas shut to public and security personnel
in place
• 5:00 PM I Early Admission for 1,000-1,500 attendees who bought that ticket
type
• 6:00 PM I Festival opens
• 10:45 PM I On site ticket sales ends
• 11:00 PM I Festival closes- Entry gate personnel and security released.
Proposed Management Team & Fees
Security& ID Checking Staff w/ Magnetometers $42,387.34
Gate Scanners Staff $4,523.50
Box Office Staff $1,606.12
Box Office Sign Boards& Poles $250.00
Trucking (Sign Boards& Poles) $750.00
Set-Up Crew $3,407.25
Equipment-6 credit card terminals, printers, scanners $950.00
Equipment-gate fence barricade (estimated 1,200 ft) $3,500.00
Duff Entertainment, Inc. Management Fee $5,550.00
Total $62,924.21
Financial Procedures, Cash Flow and Payment Terms
1. Within 60 days prior to the event date, DE 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, DE 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. DE 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.
• DE 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. DE/606 Event work rules will apply (copy available upon
request)
If the above terms and conditions are acceptable, please sign below and return a
copy. We look forward to working with you on this project.
Sincerely,
Duff Rice
President, Duff Entertainment. Inc.
5/2/24
For Duff Entertainment Date
For City of Elgin Date
EVENT Nightmare on Chicago Street 2024 VENDOR Inner Valor
LOCATION ROLE QUANTITY START END HOURS RATE TOTAL OPTIONAL
Friday 10/18
OVERNIGHT SECURITY
Overnight Team Leader Supervisor 1 7:00:00 PM 7:00:00 AM 12.00 $45.00 $540.00
Gate#1 Secunty 1 7:00:00 PM 7:00:00 AM 12.00 $36.00 $432.00
Gate#2 Secunty 1 7:00:00 PM 7:00:00 AM 12.00 $36.00 $432.00
Gate#3 Secunty 1 7:00:00 PM 7:00:00 AM 12.00 S36.00 $432.00
Gate#4 Security 1 7:00:00 PM 7:00 00 AM 12.00 $36.00 $432.00
South Stage Security 1 7:00.00 PM 7 00 00 AM 12.00 S36.00 $432.00
NE Stage Security 1 7:00.00 PM 7 00 00 AM 12.00 $36.00 $432.00
Oupage St Security 1 7:00.00 PM 7 00.00 AM 12.00 $36.00 $432.00
Saturday 10/19
OPENING MORNING
Pre-Event Team Lead Supervisor 1 7:00:00 AM 3:30 00 PM 8.50 $45.00 $382.50
Gate#1 Security 1 7:00:00AM 3:30:00 PM 8.50 $36.00 $306.00
Gate#2 Security 1 7:00.00 AM 3:30:00 PM 8.50 $36.00 5306.00
Gate#3 Secunty 1 7:00:00 AM 3:30:00 PM 8.50 $36.00 $306.00
Gate#4 Security 1 7:00:00AM 3:30:00 PM 8.50 $36.00 $306.00
Residential Parking Secunty 2 7:00:00AM 3:30:00 PM 8.50 $36.00 S612.00
Chase Bank Lot Secunty 1 7:00:00 AM 3:30:00 PM 8.50 $36.00 S306.00
Habitat Security 1 7:00:00 AM 3:30:00 PM 8.50 $36.00 $306.00
Fountain Square Security 1 7:00:00 AM 3:30:00 PM 8.50 $36.00 $306.00
EVENT NIGHT
Check-In Supervisor Supervisor 1 2:00:00 PM 6:00:00 PM 4.00 $45.00 $180.00
Roaming Commander 1 2 00:00 PM 11:00:00 PM 9.00 $60.00 $540.00
Roaming Commander 1 2 00:00 PM 11:00:00 PM 9.00 $60.00 $540.00
Line Ambassadors
North Gates Supervisor 1 3 30 00 PM 10:00:00 PM 6.50 $45.00 $292.50
North Gates Ambassador 5 4.00 00 PM 10:00:00 PM 6.00 $36.00 $1.080.00
South Gate Supervisor 1 3:30 00 PM 10:00:00 PM 6.50 $45.00 $292.50
South Gate Ambassador 2 4:00.00 PM 10:00:00 PM 6.00 $36.00 $432.00
Gates
Gate#1 Supervisor 1 3:00.00 PM 11:00:00 PM 8.00 $45.00 $360.00
Gate#1 Entry 1 3:00 00 PM 11:00:00 PM 8.00 $36.00 $288.00
Gate#1 Entry 1 4:00 00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#1 Entry 1 4:00 00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#1 Entry 1 4:30 00 PM 11:00:00 PM 6.50 $36.00 5234.00
Gate#1 Entry 1 4:30 00 PM 11:00:00 PM 6.50 $36.00 $234.00
Gate#1 Exit 1 3:00 00 PM 11:00:00 PM 8.00 $36.00 $288.00
Gate#1 Exit 1 4:00 00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#2 Supervisor 1 3:00 00 PM 11:00:00 PM 8.00 $45.00 $360.00
Gate#2 Entry 1 3:00.00 PM 11:00:00 PM 8.00 $36.00 $288.00
Gate#2 Entry 1 4:00 00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#2 Entry 1 4:00 00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#2 Entry 1 4:30.00 PM 11:00:00 PM 6.50 $36.00 $234.00
Gate#2 Entry 1 4:30:00 PM 11:00:00 PM 6.50 $36.00 $234.00
Gate#2 Exit 1 3:00:00 PM 11:00:00 PM 8.00 $36.00 $288.00
Gate#2 Exit 1 4:00:00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#3 Supervisor 1 3 00:00 PM 11:00:00 PM 8.00 $45.00 $360.00
Gate#3 Entry 1 3.00:00 PM 11:00:00 PM 8.00 $36.00 $288.00
Gate#3 Entry 1 4:00:00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#3 Entry 1 4:00:00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#3 Entry 1 4:30:00 PM 11:00:00 PM 6.50 $36.00 $234.00
Gate#3 Entry 1 4:30:00 PM 11:00:00 PM 6.50 $36.00 $234.00
Gate#3 Exit 1 3:0000 PM 11:00:00 PM 8.00 $36.00 $288.00
Gate#3 Exit 1 4:00 00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#4 Supervisor 1 3:00 00 PM 11:00:00 PM 8.00 $45.00 $360.00
Gate#4 Entry 1 3:00.00 PM 11:00.00 PM 8.00 $36.00 $288.00
Gate#4 Entry 1 4:00 00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#4 Entry 1 4:00:00 PM 11:00:00 PM 7.00 $36.00 $252.00
Gate#4 Entry 1 4:30:00 PM 11:00:00 PM 6.50 $36.00 5234.00
Gate#4 Entry 1 4:30:00 PM 11:00:00 PM 6.50 $36.00 $234.00
Gate#4 Exit 1 3:00 00 PM 11:00:00 PM 8.00 $36.00 $288.00
Gate#4 Exit 1 4'00 00 PM 11.00:00 PM 7.00 $36.00 $252.00
EVENT Nightmare on Chicago Street 2024 VENDOR Inner Valor
LOCATION ROLE QUANTITY START END HOURS RATE TOTAL OPTIONAL
Stages
Stage 1&2 Sup. Supervisor 1 2:00:00 PM 11:00:00 PM 9.00 $45.00 $405.00
Stage#1 Front stage 2 3:00:00 PM 11:00:00 PM 8.00 $36.00 $576.00
Stage#1 Backstage 1 3:00:00 PM 11:00:00 PM 8.00 $36.00 $288.00
Stage#2 Front stage 2 3:00:00 PM 11:00:00 PM 8.00 $36.00 $576.00
Stage#2 Backstage 1 3:00:00 PM 11:00:00 PM 8.00 $36.00 $288.00
Stage 3&4 Sup. Supervisor 1 2:00:00 PM 11:00:00 PM 9.00 $45.00 $405.00
Stage#3 Front stage 2 3:00:00 PM 11:00:00 PM 8.00 $36.00 $576.00
Stage#3 Backstage 1 3:00:00 PM 11:00:00 PM 8.00 $36.00 $288.00
Stage#4 Front stage 2 3:00:00 PM 11:00:00 PM 8.00 $36.00 5576.00
Stage#4 Backstage 1 3:00:00 PM 11:00:00 PM 8.00 $36.00 $288.00
Perimeter/Alleys
Roaming Team Lead Supervisor 2 2:00:00 PM 11:00:00 PM 9.00 $45.00 $810.00
Fulton&DuPage Vendor Access Security 2 9:00:00 AM 11:00:00 PM 14.00 $36.00 $1.008.00
Roamers/Alleys Alleys 10 3:00:00 PM 11:00:00 PM 8.00 $36.00 $2.880.00
Roamers Highland 2 3:00:00 PM 11:00:00 PM 8.00 $36.00 $576.00
Fountain Square Apt
Fountain Square Security 1 3:00:00 PM 11:00:00 PM 8.00 $36.00 $288.00
!ID Checking
ID Supervisor Supervisor 4 4:30:00 PM 10:30:00 PM 6.00 $45.00 $1.080.00
ID Checking ID Checking 28 4:30:00 PM 10:30:00 PM 6.00 $36.00 $6.048.00
6 Wakevough Magnetometers
S 5,700.00
Total Staff 125 Total Hours 592.50 Security PayroN $35,653.50 $ 41,353.50
2.5%Admin Fite $ 891.34 $ 1,033.84
Total Amount $36,544.84 $ 42,387.34
EVENT Nightmare on Chicago Street Box Office Staff
Dates: October 19, 2024
Saturday Oct 19
START END HOURS RATE TOTAL
Treasurer Supervisor 1 2:00 PM 11:30 PM 9.50 $ 37.00 $351.50
Box Office- Highland i
Ticket sales/Will Call 1 2:00 PM 11:00 PM 9.00 $ 22.00 $198.00
Ticket sales/Will Call 1 2:00 PM 11:00 PM 9.00 $ 22.00 $198.00
Ticket sales/Will Call 1 3:00 PM 10:30 PM 7.50 $ 22.00 $165.00
Box Office- South
Ticket sales/Will Call 1 2:00 PM 11:00 PM 9.00 $ 22.00 $198.00
Ticket sales/Will Call 1 2:00 PM 11:00 PM 9.00 $ 22.00 $198.00
Ticket sales/Will Call 1 3:00 PM 10:30 PM 7.50 $ 22.00 $165.00
7 Sub total $1,473.50
3.5%admin fee $51.57
5.5%Workman's Comp $81.04
Total Box Office Staff $1,606.12
EVENT Nightmare on Chicago Street 2024 EVENT Labor Schedule
Dates: 10/18 & 10/19
START END HOURS Day RATE TOTAL
LABOR I I --
Saturday 10/19/2024
Supervisor set-up 1 2:00 PM 7:00 PM 5.00 $ 475.00 $ 475.00
Crew set-up 1 2:00 PM 7:00 PM 5.00 $ 375.00 $ 375.00
Crew set-up 1 2:00 PM 7:00 PM 5.00 $ 375.00 $ 375.00
Crew set-up 1 2:00 PM 7:00 PM 5.00 $ 375.00 $ 375.00
Crew Tear down 1 10:30 PM 3:00 AM 4.50 $ 375.00 $ 375.00
Crew Tear down 1 10:30 PM 3:00 AM 4.50 $ 375.00 $ 375.00
Total Staff 6 29.00 $2,350.00
~ 3.5%Admin Fee $82.25
Total Labor $2,432.25
Equipment/Rentals
Trucking 1 $975.00
Total Equipment/Rentals $975.00
Tota I $3,407.25
EVENT Nightmare on Chicago Street vendor Gate Scanners
Dates: Saturday October 19, 2024
START END HOURS RATE TOTAL
Gates Manager TBD 1 3:30 PM 11:30 PM 8.00 $ 550.00 $ 550.00
1 8.00
Total Manager $ 550.00
GATE STAFF
Gate#1 - Grove Ave supervisor 1 4:00 PM 11:00 PM 7.00 $ 28.00 $ 196.00
Gate#1 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate#1 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate#1 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate #1 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate #1 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate#2 - Douglas Ave supervisor 1 4:00 PM 11:00 PM 7.00 $ 28.00 $ 196.00
Gate#2 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate#2 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate#2 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate#2 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate #2 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate#3 - Spring St supervisor 1 4:00 PM 11:00 PM 7.00 $ 28.00 $ 196.00
Gate#3 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate#3 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate #3 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate #3 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate#3 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate#4 - South Gate supervisor 1 4:00 PM 11:00 PM 7.00 $ 28.00 $ 196.00
Gate#4 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate#4 scanner 1 4:00 PM 11:00 PM 7.00 $ 22.00 $ 154.00
Gate #4 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate #4 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Gate #4 scanner 1 5:00 PM 11:00 PM 6.00 $ 22.00 $ 132.00
Total Staff 25 Hours 164.00 $4,150.00
3.5%admin fee $145.25
5.5%Workman's Comp $228.25
Total $4,523.50