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Home My WebLink About26-83 Resolution No. 26-83 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 27, 2026 Adopted: May 27, 2026 Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 27 day of May , 2026, 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&Nightmare Concert events, scheduled to be held on October 16th& 176,2026(the"Event"). 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. 1 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 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 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$55,090.94 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 16th and 17th, 2026, 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. 2 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 2027 and 2028 upon the same terms and conditions of this Agreement, 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 • Katie Steel •Z// Print Name Richard G. Kozal, City Manager KO*J& Attc Signature ity C rk Business Manager Title Legal Dept\Agreement\Purchase Agr-Duff Entertainment-2026-NCOS-5-5-26.docx 3 ATTACHMENT A (Duff Entertainment, Inc., Proposal to he inserted) Nightmare on Chicago Street 2026 I Duff Entertainment Production Expenses Item Company 2026 RFP Estimate Notes L Blik Staff Gate Security Staff Inner Valor $22,340.39 Gate Scanner Staff Duff Entertainment, Inc. $8,699.60 Box Office Staff Duff Entertainment, Inc. $4,200.95 Labor Crew Neon $4,575.00 Staff Total $39,815.94 Equipment Barricade Lakeshore Athletic Services $5,000.00 Square Units Duff Entertainment, Inc. $950.00 10 units @$95/each Box Office Sign Poles Duff Entertainment, Inc. $525.00 350 for 4 sign kits.$525 for 6 kits Equipment Total $6,475.00 Operations Duff Ent Management Fee Duff Entertainment,Inc. $6,500.00 General Event Liability Insurance Duff Entertainment,Inc. $2,000.00 2025 Ticketing Chargebacks TBD Crew Meals Duff Entertainment, Inc. $300.00 Operations Total $8,800.00 TOTAL $55,090.94 EVENT Nightmare on Chicago Street 2026 VENDOR Inner Valor LOCATION ROLE QUANTITY START END HOURS RATE TOTAL Friday 10/16 NIGHTMARE CONCERT VIP VIP Highland Lofts 2 4 00.00 PM 11:00.00 PM 14.00 $38.00 $532.00 Gates Gate#1-Grove Supervisor 1 3'00'00 PM 11:00.00 PM 8.00 $45.00 $360.00 Gate#1-Grove Entry 3 4 00:00 PM 11.00.00 PM 21.00 $38.00 $798.00 Gate#1-Grove Exit 2 4.00:00 PM 11 00 00 PM 14.00 $38.00 $532.00 Gate#3-Spring Supervisor 1 3.00:00 PM 11 00.00 PM 8.00 $45.00 $360.00 Gate#3-Spring Entry 5 4'00:00 PM 11 00.00 PM 35.00 $38.00 $1,330.00 Gate#3-Spring Exit 2 4:00:00 PM 11:00 00 PM 14.00 $38.00 $532.00 OVERNIGHT SECURITY Overnight Team Leader Supervisor 1 10:00:00 PM 8:00.00 AM 10.00 $45.00 $450.00 Gate#1-Grove Security 1 10:00.00 PM 8.00 00 AM 10.00 $38 00 $380.00 Gate#2-Douglas Security 1 10:00 00 PM 8:00 00 AM 10.00 $38 00 $380.00 Gate#3-Spring Security 1 10:00.00 PM 8:00 00 AM 10.00 $38.00 $380.00 Gate#4-South Security 1 10 00.00 PM 8:00.00 AM 10.00 $38.00 $380.00 Saturday 10/17 OPENING MORNING Pre-Event Team Lead Supervisor 1 8.00.00 AM 3.30:00 PM 7.50 $45.00 $337.50 Gate#1-Grove Security 1 8:00.00 AM 3.30:00 PM 7.50 $38.00 $285.00 Gate#2-Douglas Security 1 8:00.00 AM 3 30:00 PM 7.50 $38.00 $285.00 Gate#3-Spring Security 1 8:00 00 AM 3 30 00 PM 7.50 $38.00 $285.00 Gate#4-South Security 1 8:00 00 AM 3 30 00 PM 7.50 $38.00 $285.00 EVENT NIGHT Roaming Commander 2 1:00 00 PM 11.00.00 PM 20.00 $50.00 $1,000.00 Line Ambassadors North Gates Supervisor 1 2:00 00 PM 10.00.00 PM 8.00 $45.00 $360.00 North Gates Ambassador 5 2:00.00 PM 10 00 00 PM 40.00 $38.00 $1,520.00 South Gate Supervisor 1 2:00:00 PM 10.00 00 PM 8.00 $45.00 $360.00 South Gate Ambassador 2 2:00.00 PM 10.00 00 PM 16.00 $38.00 $608.00 Gates Gate#1-Grove Supervisor 1 2.00:00 PM 11 00:00 PM 9.00 $45.00 $405 00 Gate#1-Grove Entry 3 3:00:00 PM 11 00:00 PM 24.00 $38.00 $912 00 Gate#1-Grove Exit 2 3:00:00 PM 11 00:00 PM 16.00 $38.00 $608 00 Gate#2-Douglas Supervisor 1 2:00:00 PM 11 00:00 PM 9.00 $45.00 $405.00 Gate#2-Douglas Entry 5 3:00:00 PM 11 00'00 PM 40.00 $38.00 $1.520.00 Gate#2-Douglas Exit 2 3 00:00 PM 11:00:00 PM 16.00 $38.00 $608.00 Gate#3-Spring Supervisor 1 2:00:00 PM 11 00'00 PM 9.00 $45.00 $405.00 Gate#3-Spring Entry 5 3:00:00 PM 11 00:00 PM 40.00 $38.00 $1 520.00 Gate#3-Spring Exit 2 3:00 00 PM 11 00:00 PM 16.00 $38.00 $608.00 Gate#4-South Supervisor 1 2:00:00 PM 11 00 00 PM 9.00 $45.00 $405.00 Gate#4-South Entry 5 3:00:00 PM 11.00.00 PM 40.00 $38.00 $1,520.00 Gate#4-South Exit 2 3:00:00 PM 11.00.00 PM 16 00 $38.00 $608.00 VIP VIP Highland Lofts 2 4:00:00 PM 11 00 00 PM 14 03 $38.00 $532.00 Total Staff 69 Total Hours 551 50 Security Payroll $ 21,795.60 2.5%Admin Fee $ 544.89 Total Amount $ 22,340.39