03-128 Resolution No. 03-128
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE
GREATER CHICAGO SOAP BOX DERBY ASSOCIATION FOR A SOAP BOX DERBY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, 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 Greater Chicago Soap Box Derby Association to organize a soap
box derby to be held on May 26, 2003, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 14 , 2003
Adopted: May 14 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
BETWEEN GREATER CHICAGO SOAP BOX DERBY ASSOCIATION
AND CITY OF ELGIN '
THIS AGREEMENT is hereby made and entered into this /yrday
of 1 Citi' , 2003 , by and between the City of Elgin, Illinois, a
municipal corporation, (hereinafter referred to as "City" ) and
Greater Chicago Soap Box Derby Association, an Illinois not-for-
profit corporation (hereinafter referred to as "GCSBDA" ) .
WHEREAS, the City of Elgin is a home rule unit authorized to
exercise any power and perform any function relating to its
government and affairs; and
Whereas, the GCSBDA conducts soap box derby events throughout
the State of Illinois and desires to conduct such an event in the
City of Elgin; and
WHEREAS, the City has determined that it would serve a
beneficial public purpose to provide certain assistance to the
GCSBDA in the conducting of a soap box derby in the City of Elgin.
NOW, THEREFORE, 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 . GCSBDA shall conduct a soap box derby event in the City
of Elgin on May 26, 2003 . Such soap box derby event shall be
conducted at Kimball St. between the approximate
hours of 6:00 a.m.and 7:30 p.m. . (Such soap box derby event
is hereinafter referred to as the "Event" ) .
2 . GCSBDA shall provide all services, including but not
limited to, administrative services, production, recruitment of
contestants, advertising, securing sponsors, on-site management
and organization, coordination of volunteers, marketing, providing
for sanctioned officiating, coordination with applicable governing
sport bodies, trash removal, race site clean up, and staff
management reasonably necessary and to the best of its ability to
conduct Event .
3 . The City in consideration for GCSBDA conducting Event
shall pay GCSBDA the amount of $5, 000 on or before May 16, 2003 .
Such monies shall be used solely and only by GCSBDA for conducting
the Event .
4 . That as further support for the Event, the City shall be
responsible for expenses in the total amount not to exceed $5, 000
for trophies and awards, the awards banquet and promotional
advertisements as described in Attachment A attached hereto and
made a part hereof by this reference . Such expenses shall be
remitted directly by the City to the providers of such goods
and/or services as payments for same are due .
5 . That as further support for the Event, the City shall
also be responsible for expenses in the total amount not to exceed
$8 , 480 for the provision by the City of police services for the
Event, public works personnel, parks personnel, promotional
advertisements, a sound system, storage of racers and bleachers
for viewing stand, all as described in Attachment A hereto.
6 . GCSBDA and the City shall employ reasonable efforts to
secure event sponsorships to provide additional funding for Event.
7 . GCSBDA shall adhere to the requirements of the budget
attached hereto as Attachment A.
8 . GCSBDA shall respond to all inquiries from Event
participants . City shall respond to all inquiries from visitors
to Event .
9 . City shall in conjunction with the Event provide street
closure barricades, street closing notices, necessary municipal
facilities, police, street sweeping, traffic rerouting and no
parking signs as appropriate in City' s sole discretion.
10 . GCSBDA shall provide for all volunteer marshals for the
Event .
11 . GCSBDA shall provide for all reasonably necessary Event
organization and conduct except as otherwise specifically provided
herein, including but not limited to hospitality services and
exhibit areas provided in conjunction with Event .
12 . GCSBDA shall provide all hotel rooms and accommodations
as required for Event officials and GCSBDA, its employees, agents
and volunteers .
13 . GCSBDA shall provide the City with a certificate of
insurance for the Event in a form and with terms acceptable to the
City naming the City as a primary, non-contributing co-insured
with limits of not less than $2, 000, 000 per occurrence covering
general liability including personal injury and property damage .
Such certificate shall provide that the insurance shall not be
terminated or not renewed for any reason without thirty (30) days
advance written notice to the City. There shall be no endorsement
or modification of this insurance to make it excess over other
available insurance for the City, and alternatively, if the
insurance states that it is excess or pro rata, it shall be
endorsed to be primary with respect to the City.
2
23 . GCSBDA shall to the fullest extent permitted by law hold
harmless, defend and indemnify the City, its agents, officers,
employees, volunteers, agents and assigns from and against any and
all causes of action, suits , claims for damages, and any and all
other liability of whatsoever nature arising out of or in
connection with GCSBDA or its agents, employees or volunteers,
negligent or reckless performance of any act related to Event or
arising out of this Agreement . In the event of any action against
City, its officers, employees, volunteers, agents or assigns
covered by the foregoing duty to indemnify, hold harmless and
defend, such action shall be defended by counsel of City' s
choosing. The provisions of this paragraph shall survive any
termination and/or expiration of this Agreement .
24 . GCSBDA shall use its best efforts to conduct fund
raising to defray expenses of whatsoever nature associated with or
arising out of Event . GCSBDA shall provide City with a written
report of such efforts and of Event no later than June 20, 2003 .
25 . 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 arising out of or in
connection with this agreement shall be in the circuit court of
Kane County, Illinois .
26 . The terms of this Agreement shall be severable. In the
event of any of the terms or provisions of this agreement are
deemed to be void or otherwise unenforceable for any reason, the
remainder of this Agreement shall remain in full force and effect .
27 . This Agreement is the sole agreement between the parties
hereto. There are no other Agreements, either written or oral,
which modify or affect the terms of this Agreement . This
Agreement shall not be modified or amended without the written
Agreement of the parties hereto.
28 . The City shall be recognized as a sponsor of Event and
shall receive the benefits of sponsorship consistent with the
level of support provided. At minimum, the City' s support shall be
acknowledged in print materials promoting the organization or
event, radio advertising, Web page information and event
program(s) . Three samples of this acknowledgment shall be provided
to the City for its prior approval . A logo provided by the City
shall be used for this purpose .
IN WITNESS THEREOF, the parties hereto have executed this
Agreement as of the day and written below.
4
14 . This Agreement and the obligations herein may not be
assigned by the GCSBDA without the express written consent of the
City which consent may be withheld at the sole discretion of the
City.
15 . This Agreement shall not be construed so as to create a
partnership, joint venture, employment or other agency
relationship between the parties .
16 . The failure of either party hereto to comply with the
terms and conditions hereof because of force majeure such as an
act of God, strike, war, fire, earthquake, act of public enemies,
action of federal or state authorities or for any reason beyond
the reasonable control of such party, shall not be deemed as a
breach of this Agreement .
17 . In the event GCSBDA breaches this agreement or any
material term or provision thereof, GCSBDA shall refund any funds
paid by City to GCSBDA upon 30 days written notice. GCSBDA shall
not be entitled to any funds from City in the event of such a
breach and the City may pursue all relief available to it under
the law as a result of GCSBDA' s breach.
18 . City may terminate this Agreement for reasonable cause.
In the event City terminates this Agreement for any reason other
than breach by GCSBDA or force majeure City shall be required to
provide GCSBDA with fourteen (14) days written notice of such
termination. In the event City terminates this Agreement for any
reason other than breach by GCSBDA, GCSBDA shall within thirty
(30) days from the notice of termination return all funds paid
hereunder by the City not expended by GCSBDA as of the date of the
notice of termination.
19 . On or before April 1 , 2003 GCSBDA must provide City
with a public relations and advertisement schedule .
20 . On or before April 11 , 2003 GCSBDA must provide City
with sponsor updates, a course layout for Event, including but not
limited to a site plan for the start and finish areas of Event .
21 . On or before May 12 , 2003 GCSBDA must provide City
with a certificate of insurance as provided for herein, updated
sponsorship and media reports and coordinated setup details for
Event .
22 . On or before May 1 , 2003 GCSBDA must provide City
with final plans, including but not limited to an event timetable
and agenda.
3
Agreed and accepted on this P. /, day of m
2003 .
CITY OF ELGIN GREATER CHICAGO SOAP BOX DERBY
ASSOCIATION
111
By ei�tr�- it� By ���
David M. Dorgan Don Har ins ,
City Manager President
Attest:
1614--42__ kke-CA41,-
City Clerk
F:\Legal Dept\Agreement\Soap Box Derby.doc
Attachment A
Greater Chicago Soap Box Derby
Proposed Budget for May 24, 2003
GCSBDA Expenses:
All-American Soap Box Derby-Race Fee to Akron $1,750,00
Race Day Apparel For Racers $1,000.00
Track Decorations $ 500.00
Insurance Policy $ 650.00
Support to winners going to World Championship ($300 ea.) $ 900.00
Transport winning cars to Akron $ 500,00
Race Day Trailors, Gas& Tow Vehicles $ 500.00
Racer Refreshments $ 400.00
Heat Charts, Race Numbers, Heat Stickers $ 200.00
Total Expenses $6,400.00
GCSBDA Revenue:
City of Elgin Sponsorship $5,000.00
GCSBDA& Sponsorship Revenues $1,400.00
Total Revenue $6,400.00
City of Elgin Expenses:
Trophies& Awards $1,800.00
Awards Banquet $1,900.00
Promotion/Ads $1,300.00
Total Expenses $5,000.00
City of Elgin In-Kind Sponsorship:
Elgin Police Department Officers for Event $3,600.00
Public Works $ 320.00
Parks $1,560.00
Promotional/Ads $1,000.00
Sound System $ 400.00
Storage of Racers $1,000.00
Bleachers for Viewing Stand $ 600.00
Total In-Kind Expenses $8,480.00
•
`ty°F Ei.
GCity of Elgin
Agenda Item No.
0
J�'�TEUFER^M
E t?' ,
L `
April 4, 2003 ..
N
TO: Mayor and Members of the City Cou cil
RECREATIONAL LEISURE
ANO CULTURAL OPPORTUNITIES
FOR AI I (-11-17,1,4
FROM: David M. Dorgan, City Manager ,#
Jane Cordes, Special Event Coordinator
SUBJECT: Co-Sponsorship Agreement with the Greater Chicago
Soap Box Derby Association
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a Co-
Sponsorship Agreement with the Greater Chicago Soap Box Derby
Association for the Soap Box Derby event to be held on Kimball
Street.
BACKGROUND
The Greater Chicago Soap Box Derby Association has requested the
City to host a Soap Box Derby on May 26, 2003 from 9 : 00 a.m.
until 9 : 00 p.m. The Greater Chicago Soap Box Derby Association
is a not-for-profit, event coordinating, agency based in
Chicago. Approximately 50 to 65 racers and more than 1, 000
spectators are anticipated to attend the event . The goals of
the Soap Box Derby program are to promote families working
together, to teach youngsters some of the basic skills of
workmanship; along with the spirit of competition, and the
perseverance to continue a project to completion. The Elgin
Area Convention and Visitor' s Bureau will be developing
overnight packages to accommodate out of town visitors for the
weekend.
A contract has been prepared to have the Greater Chicago Soap
Box Derby Association coordinate the event . The Greater Chicago
Soap Box Derby Association will provide administrative services,
production, recruitment of contestants, sponsorships,
tow advertising, on-site management and organization, and race site
clean-up . The proposal has been reviewed by staff from
operating departments and does not present overwhelming
logistical problems . The City budgeted $10, 000 in 2003 for
support of the Soap Box Derby.
Co-Sponsorship with Greater Chicago Soap Box Derby
April 4, 2003
Page 2
Attached is a proposed agreement . The following are the main
elements of the agreement between the City and the Greater
Chicago Soap Box Derby Association:
1 . The City shall be responsible for an amount not to
exceed $5, 000 for trophies and awards, and the awards
banquet and promotional advertisements as detailed in
attachment A "Proposed Budget" .
2 . The City shall also be responsible for expenses in an
amount not-to-exceed $8, 480 for the provision of a)
personnel services ($5, 480) , and; (b) promotional
advertisements, a sound system, storage of "soap box
derby cars" and bleachers for the viewing stand as
detailed in attachment A "Proposed Budget" ($3 , 000) .
3 . The Greater Chicago Soap Box Derby Association will be
responsible for the coordination, management and
eft- staffing of the event .
4 . The Greater Chicago Soap Box Derby Association will
identify the City as a sponsor on all printed event
material and displays at the event .
5 . The Greater Chicago Derby Association will provide
insurance naming the City as a primary, non-
contributing co-insured with excess coverage of not
less than $5, 000 , 000 covering general liability,
including personal injury and property damage .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Area Convention and Visitor' s Bureau and the Soap Box
Derby Committee .
04k,INANCIAL IMPACT
The City will be responsible for funding a total of $18 , 480 for
this event . There are sufficient funds budgeted ($10, 000) and
available ($10, 000) in Riverboat Fund Special Events Expense
account number 275-0000-791 .47-00, project number 030045 to pay
the Greater Chicago Soap Box Derby Association a not-to-exceed
Co-Sponsorship with Greater Chicago Soap Box Derby
April 4 , 2003
Page 3
fee of $5, 000 with the remaining $5, 000 designated for trophies,
awards, promotional advertisements and an awards banquet .
Operational support not to exceed $5, 480 from City departments
will be covered within their General Fund departmental operating
budgets as follows : Police $3 , 600 from Overtime Salary account
number 010-2308-731 . 01-02 , Parks $1 , 560 from Overtime Salary
account number 296-5031-764 . 01-02 , Public Works $320 from
Overtime Salary account number 010-3321-753 . 01-02 . The
remaining $3 , 000 will be considered "in-kind" expenses and
include the use of the City' s bleachers, sound system,
promotional ads and storage .
41/pi/GAL IMPACT
None .
ALTERNATIVES
1 . To approve the agreement with the Greater Chicago Soap Box
Derby Association for organizing the Soap Box Derby for a
not-to-exceed amount of $10, 000 plus $8 , 480 in operational
support .
2 . To not approve the agreement with the Greater Chicago Soap
Box Derby Association for organizing the Soap Box Derby,
thus not allowing the Soap Box Derby to be held.
RECOMMENDATION
It is recommended that the City Council approve the agreement
with the Greater Chicago Soap Box Derby Association to organize
the Soap Box Derby on Memorial Day, Monday, May 26 , 2003 , for a
not-to-exceed amount of $18, 480 in operational and in-kind
support .
Respectfully submitted for Council consideration.
JC/dm
Attachments
Attachment A
Greater Chicago Soap Box Derby
Proposed Budget for May 24, 2003
GCSBDA Expenses:
All-American Soap Box Derby-Race Fee to Akron $1,750.00
Race Day Apparel For Racers $1,000.00
Track Decorations $ 500.00
Insurance Policy $ 650.00
Support to winners going to World Championship ($300 ea.) $ 900.00
Transport winning cars to Akron $ 500.00
Race Day Trailors, Gas& Tow Vehicles $ 500.00
Racer Refreshments $ 400.00
Heat Charts, Race Numbers, Heat Stickers $ 200.00
Total Expenses $6,400.00
GC SBDA Revenue:
City of Elgin Sponsorship $5,000.00
GCSBDA& Sponsorship Revenues $1,400.00
Total Revenue $6,400.00
City of Elgin Expenses:
Trophies& Awards $1,800.00
Awards Banquet $1,900.00
Promotion/Ads $1,300.00
Total Expenses $5,000.00
City of Elgin In-Kind Sponsorship:
Elgin Police Department Officers for Event $3,600.00
Public Works $ 320.00
Parks $1,560.00
Promotional/Ads $1,000.00
Sound System $ 400.00
Storage of Racers $1,000.00
Bleachers for Viewing Stand $ 600.00
Total In-Kind Expenses $8,480.00