02-110 Resolution No. 02-110
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN AREA CONVENTION AND VISITORS BUREAU
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed to
execute a Purchase of Service Agreement on behalf of the City of
Elgin with the Elgin Area Convention and Visitors Bureau for
marketing and promotional support of the tourism and convention
industries, a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: March 27, 2002
Adopted: March 27, 2002
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
}
PURCHASE OF SERVICE AGREEMENT
This agreement is hereby made and entered into this VT11 day
of 14/0/2l` L , 2002 by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City" ) and the
Elgin Area Convention and Visitors Bureau, and Illinois nonprofit
corporation (hereinafter referred to as "Bureau" ) .
WHEREAS, the City is an Illinois municipal corporation and a home
rule unit pursuant to the Constitution and laws of the State of
Illinois, and
WHEREAS, the Bureau is a corporation organized under the Illinois
General Not For Profit Corporation Act to encourage, foster,
promote and stimulate conventions and tourism in the Elgin area:
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
1 . City shall pay Bureau the sum of $200 , 000 in installments of
$100 , 000 . The first shall be payable within thirty (30) days
following execution of this agreement and the second by July
31, 2002 .
2 . Bureau shall provide not less than one person for not less
than seventy (70) hours in each seven (7) day period during
the term of this agreement to answer questions and provide
promotional materials to the general public at the Grand
Victoria Visitor Information Center.
3 . The Bureau shall provide two written reports detailing the
disbursement of $200, 000 . These reports shall be provided to
the City Council by May 31, 2002 and December 31 , 2002 , and
shall include all program activity. These reports shall be
submitted to the City Manager' s Office, City Hall , 150 Dexter
Court, Elgin, IL 60120 .
4 . The Bureau shall provide the City with financial statements
relative to the organization' s total operations . These
statements shall be submitted to the City Manager' s Office,
City Hall , 150 Dexter Court, Elgin, IL 60120 .
5 . Bureau shall provide City' s appointed representative to the
Elgin Area Convention and Visitors Bureau with any such
further financial information it may have upon the written
request of the appointed representative to the Elgin Area
Convention and Visitors Bureau.
6 . Bureau shall conduct good faith efforts to obtain additional
funding from other sources for its operations .
7 . Bureau shall expand the sum of not less than $35, 000 on or
before December 14 , 2002 on materials , advertisements, and
promotions directed at the advancement of tourism in the City
of Elgin.
8 . Bureau shall expend the sum of not less than $35 , 000 on or
before December 14 , 2002 to develop and fund a program
designed to provide funds to Elgin based not-for-profit
organizations which, in the reasonable discretion of Bureau
shall contribute to the promotion and advertisement of
investment and tourism in the City of Elgin. No funds shall
be distributed by Bureau to any person, group, organization,
corporation or beneficially in contravention to the
constitutional prohibitions of the Constitution of the State
of Illinois .
9 . The term of this agreement shall commence upon the date of its
execution and shall expire on December 31, 2002 ; provided,
however, that either party hereon may terminate this agreement
upon thirty (30) days written notice .
10 . In the event this agreement is terminated by the Bureau for
any reason prior to December 31, 2002 , or is terminated by
City due to breach by Bureau, Bureau shall refund to the City
all unexpended funds provided by City to bureau within fifteen
(15) days of the date of said termination, and the City shall
have no further obligations pursuant to this Agreement . This
provision shall not act, nor be construed as, a limitation on
any rights to which the City may be entitled by law.
11 . In the event this agreement is terminated by the City for any
reason which is not due to the default or breach of this
agreement by Bureau prior to December 31, 2002 , Bureau shall
be allowed to retain all unexpended funds for promotions and
advertisement established prior to notice of termination under
paragraphs 6 and 7 above .
12 . This agreement shall be 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 pursuant to this
agreement shall be in the Circuit Court of Kane County,
Illinois .
13 . The terms of this agreement shall be considered to be
severable . In the event that any of the terms of this
agreement shall be deemed to be void or otherwise
unenforceable for any reason, the remainder of the agreement
shall remain in full force and effect .
14 . This agreement shall not be construed so as to create a
partnership, joint venture, agency or employment relationship
between the parties hereto.
15 . To the fullest extent permitted by law, Bureau agrees to
indemnify, defend and hold harmless the City, its officers,
employees, boards and commissions from and against any and all
claims, suits, judgements, costs, attorney' s fees, damages or
other relief arising out of or resulting from or through or
alleged to arise out of any reckless or negligent acts or
omissions of Bureau' s officers, employees or agents in the
performance of this agreement . In the event of any action
against the City, its officers, employees, agents, boards or
commissions covered by the foregoing duty to indemnify, defend
and hold harmless, such action shall be defended by legal
counsel of the City' s choosing.
CITY OF ELGIN
B Date S-D-et- 0�
Attest :
W4)144g
City Clerk
ELGIN AREA CONVENTION
AND VISITORS BUREAU /
B /.a✓ iG�.t► ,i s %Date c77-/9—O�
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¢G " \�b City of Elgin Agenda Item No.
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March 8, 2002
I r
N
TO: Mayor and Members of the City Council
RECREATIONAL LEISURE
ANC,CULTURAL OFFORTUNITIES
FROM: Olufemi Folarin, Interim City Manager FOR ALL CITI2 ENS
SUBJECT: Purchase of Service Agreement with the
Elgin Area Convention and Visitors Bureau
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information regarding the
renewal of a Purchase of Service Agreement with the Elgin Area
Convention and Visitors Bureau.
BACKGROUND
rk Since 1984 , the Elgin Area Convention and Visitors Bureau has
provided marketing and promotional support of the tourism and
convention industries in and around Elgin. The opening of the
Elgin Riverboat complex presented new opportunities for the City
and the Bureau. Over three million people per year pass through
the Pavilion and one of the Bureau' s goals is to encourage
visitors to frequent nearby theaters, restaurants and
attractions . The development agreement between the City and the
Elgin Riverboat Resort requires space be made available at the
Pavilion to take advantage of this major port of entry.
Staffing the Visitors Center in the Pavilion with people who are
familiar with the community is critical . Providing a friendly,
courteous resource to visitors regarding restaurants, lodging,
neighborhoods and other attractions in Elgin is necessary in
ensuring they make a return visit .
A formal Purchase of Service Agreement was initially adopted by
the City Council in October 1995 . The Bureau is primarily funded
from a portion of the City' s hotel/motel tax, State of Illinois
grants and Ventures publication advertising revenues .
eft.
Elgin Area Convention and Visitors Bureau
Purchase of Service Agreement
March 8 , 2002
Page 2
Highlights of the proposed agreement include :
- Staffing of the Welcome Center to promote Elgin, with either
volunteers or paid staff, for a minimum of 70 hours per
week. Merchandise promoting Elgin will be available for
sale .
The City has the right to request any additional information
as it feels necessary to verify the Bureau' s performance.
- The Bureau will submit a financial and activity report for
review by the City twice a year.
- The agreement is to be for a term of one year.
- The Bureau will continue efforts at fund-raising and
partnerships with the private sector to support its
operation.
- A minimum of $35, 000 of the $200, 000 is to be spent for
promotional material/advertising (printed brochures,
newspaper, radio, and television) regarding Elgin and the
immediate area.
- A program has been developed with $35, 000 of the $200, 000 to
go toward matching grants for Elgin-based not-for-profit
organizations, attractions, and events . These grants are to
be used for promotional materials/advertising.
The Bureau is to continue working closely with the City of
Elgin, particularly the Hemmens Cultural Center, Downtown
Neighborhood Association and the Parks and Recreation
Department in all promotional endeavors .
In exchange for these services, the City will provide :
- Two equal installments totaling $200, 000 are to be made to
the Bureau, $100, 000 after passage of the agreement and
$100, 000 on July 31, 2002 .
Elgin Area Convention and Visitors Bureau
Purchase of Service Agreement
March 8, 2002
Page 3
This agreement will allow the Bureau to support the needed costs
involved with creating a first-class image campaign for the City
and the area.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Area Convention and Visitors Bureau.
TAFINANCIAL IMPACT
There is $200, 000 budgeted in the 2002 budget in the Riverboat
Fund, account number 275-0000-791 . 80-03 , to pay for this
agreement .
EGAL IMPACT
I' 1
None .
ALTERNATIVES
The City Council could approve the agreement as drafted, edit the
agreement or decline to provide support to the Elgin Area
Convention and Visitors Bureau.
RECOMMENDATION
It is recommended that the Purchase of Service Agreement continue
with the Elgin Area Convention and Visitors Bureau and be
approved for a term of one year.
Respectfully submitted,
"mil. � �..
Olufemi .lari
Inter;m C ' ty ager
DKN/od
Attachment