97-166 Resolution No. 97-166
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRIPLE J RANCH, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute an agreement on behalf of the City of Elgin
with Triple J. Ranch, Inc. for horse patrol services, a copy of
which is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: June 25, 1997
Adopted: June 25, 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into on this 1 day
of June, 1997, by and between TRIPLE J RANCH, INC. , an Illinois
corporation (hereinafter referred to as "Triple J" ) and the
CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter
referred to as "City" ) .
WHEREAS, City has determined it to be in its best
interests to use horses in conjunction with its police duties;
and
WHEREAS, Triple J owns a 50% interest in two horses
(hereinafter referred to as "horses" ) , and has determined it to
be in its best interests to permit City to use horses;
NOW, THEREFORE, for and 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 . City shall pay a total sum of $1,233 . 00 to Triple J
on or before July 30, 1997 ;
2 . Triple J shall permit City to use horses at City's
sole discretion during the period of this agreement;
3 . Triple J agrees to indemnify and hold City harmless
from and against any and all claims for damages, suits, causes
of action and any and all other liability, including but not
limited to attorney' s fees, which may result from or arise out
of City' s use of horses, when such liability is not directly
and proximately caused by City' s reckless or negligent conduct.
In this regard, and for purposes of determining the
applicability of indemnification and hold harmless covenants
pursuant to this paragraph, negligent or reckless conduct by
John Panzloff or Joan Panzloff, whether acting in an individual
capacity or in a capacity as an employee of City, shall not be
considered to be actions of City;
4 . Triple J shall provide a certificate of insurance to
City for the term of this agreement, naming City as an
additionally insured party for and against property damage
coverage of not less than $1,000,000, and personal injury
coverage of not less than $1,000,000 for damages arising out of
the performance of this agreement;
5 . Triple J shall provide all medical care, equipment,
food and housing reasonably necessary to maintain horses;
6 . This agreement shall terminate on June 30, 1998;
7 . Any party hereto may terminate this agreement upon
ten ( 10) days written notice;
8 . The terms of this agreement shall be considered to be
severable. In the event that any of the terms or provisions of
this agreement shall be deemed to be void or otherwise
unenforceable, the remainder of the agreement shall remain in
full force and effect .
9 . This agreement shall not be construed so as to create
a joint venture or partnership between the parties hereto.
CITY t " - GIN
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By �i L. IIA . /.
Ro: rt • . M. m
Interim City Manager
Attest:
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City Clerk 7
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° oo- City of Elgin Agenda Item No.
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/lTh f 1)IIN:
June 2, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manger
SUBJECT: Renewal Police Mounted Patrol Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
renewing an agreement with Triple J Ranch, for the police
mounted patrol program and an employment agreement with Joan
Panzloff.
BACKGROUND
In 1995, the City entered into an agreement with John Panzloff
and Joan Panzloff to provide a mounted patrol on an
experimental basis . The experiment was a success . During 1996
the mounted patrol was used more than twelve times . The
Panzloff ' s, doing business as Triple J Ranch, wish to continue
this service and have proposed a contract for consideration.
During 1996, the mounted patrol participated in the Fine Art
Festival, the Elgin Historical Walk, the Easter Egg Hunt and
many other civic programs throughout the City. Many positive
comments were heard about the patrol. It is proposed that the
program be continued for another year, expiring in June, 1998 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The New Century Partnership for Elgin supports this concept as
an image enhancement, especially for special events.
FINANCIAL IMPACT
41 Joan Panzloff would be employed as an auxiliary officer and
�° compensated at $14 . 00 per hour, as outlined in the attached
employment agreement. Sergeant Panzloff would be paid as part
of his regular employment with the Police Department under
account 010-2308-731.0102, Overtime Earnings, Police
Department. The City will pay an insurance policy to protect
the City and the Panzloff's . This expense ($1,233.00) would
be paid under account 010-2301-731.30-99, Miscellaneous
Professional Services. Sufficient funds exist and are
budgeted in the above accounts to fund this project.
Renewal of Police Mounted Horse Patrol
June 2, 1997
Page 2
LEGAL IMPACT •
The contract is permissible pursuant to an exception to the
V Conflict of Interest prohibitions of the Procurement Ordinance
Ki in the Elgin Municipal Code, Section 5 .24 . 030, which permits
City employees to contract with the City to provide service
and materials when the amount of the contract does not exceed
$2,000 .
ALTERNATIVES
Discontinue the mounted horse patrol agreements .
RECOMMENDATION
It is recommended that the City Council approve the attached
agreements .
Respectfully submitted,
ellULA-1140-44411A-2
Charles A. Gruber
C of Police
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seer 0. 'alm
I terim City Manager
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