04-104 Resolution No. 04-104
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE
OUTDOOR EXHIBITION GROUP
BE IT RESOLVED BY THE CITY COUNCII OF THE CITY OF ELGIN, ILLINOIS,that
Ed Schock, Mayor, 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 Outdoor Exhibition
Group for a rib festival to be held on Walton Island on May 31, 2004, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 28, 2004
Adopted: April 28, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
OF El.Ci
City of Elgin Agenda Item No.
i rEo FES
L r .
April 9, 2004
N
TO: Mayor and Members of the City Council RECREATIONAL LEISURE
ANO CULTURAL OPPORTUNITIES
FAR Al 1 fIT17FN4
FROM: David M. Dorgan, City Manager k),
Gilbert Feliciano, Hispanic Outreach Coordinator
SUBJECT: Purchase of Service Agreement with the Outdoor Exhibition Group for Rib Fest
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider entering into a Purchase of Service Agreement with the Outdoor
Exhibition Group (OEG) for the annual Rib Fest scheduled for Memorial Day, Monday,May 31,
2004.
RECOMMENDATION
It is recommended the Mayor and members of the City Council approve entering into a Purchase
of Service Agreement with OEG in an amount not to exceed $3,000.
BACKGROUND
Representatives from the OEG have submitted a City of Elgin Special Event Application to hold
their annual Rib Fest at Walton Island on May 31, 2004. The OEG is a non-profit organization
committed to providing an annual Rib Fest. Staff has met with the OEG to review event logistics
and budget.
For several years, the OEG has provided the City of Elgin with a Rib Fest that generates local
attention and draws people to downtown Elgin. To help offset some of the costs involved in this
event, the OEG is requesting a Purchase of Services Agreement from the City. Without the
agreement, the OEG feels it will be impossible to cover the expenses of the event.
As a part of the City's support for the event, a Purchase of Service Agreement is proposed. This
event is one of several City events scheduled for Memorial Day. Other events are the Soap Box
Derby, the annual Fox Trot, and the Kiwanis Pancake Breakfast. The main items of the
agreement are as follows:
1. The City shall cover the costs to provide police officers for event security. Security will
need to be provided during event hours: May 31, 2004, 10:00 a.m. - 6:00 p.m. The costs
for the police service for the City of Elgin will not exceed $1,000.00.
2. The City will cover the costs to provide port-o-lets, waste containers, water, and hand
ashing units at a cost not to exceed $2,000 during the event.
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PSA with the OEG for Rib Fest
April 9, 2004
Page 2
3. The City will provide marketing for the event by including it with promotion of the other
events on that day by way of posters, newspaper ads, and other appropriate venues.
4. The OEG will provide the City a full and detailed accounting of all its income and
expenditures for this event no later than ninety(90)days after the day of the event.
5. The OEG will provide insurance naming the City as a primary, non-contributing co-
insured with excess coverage of not less than $2,000,000 covering general liability,
including personal injury and property damage.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Downtown Neighborhood Association
IAA_ FINANCIAL IMPACT
The City will provide a total of$3,000 in financial assistance to the OEG. In-kind services for
Police will equal $1,000 and be charged to the General Fund, Police Department Employee
r Earnings, account number 010-2308-731.01-01 where sufficient funds exist to pay for the
personnel related costs. A total of $2,000 will be allocated to the cost of port-o-lets, waste
containers and hand washing units for the event. The General Fund, Special Projects, account
number 010-6902-719.89-02 (Budget = $438,530) will be charged (Project No. 030074). There
are sufficient funds available (approximately $172,000 as of April 4, 2004) to pay for these
items.
0\4) LEGAL IMPACT
None.
ALTERNATIVES
1. Enter into a Purchase of Services Agreement providing financial participation by the City
not to exceed $3,000 of in-kind services.
2. Provide no financial participation by the City with the OEG assuming 100% of the event
costs.
Respectfully submitted for Council consideration.
GF/dbm
Attachment
Proposed Budget for 4 /Annual Memorial Day - ^" 7- '
OEG Rib Fest Cook-Off 2004 /6:' - 6 pn''
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A 1 B ' C I D IEFGI I I H 1 ZOI
w
Qorg
SECURITY EPD__._... 1 @ 6 Hrs. $255.00 . 3 @ 6 Hrs. $765.00pEg .
NM
.. -r
INSURANCE 1,000,000 Event rt $500.00
• ._. _ ..__.. _. .-. __._._.i_ _... _.. _
WE ENTERTAINMENT
Q _Live Music_ 5 Hrs, Street Corner Blue $1,500.00„
Q Pety_ the Clown 2 @4 Hrs. $700.00
+ ..DJ Music- - -- - ---- - _ - $600.00,
DI . .
gig RENTALS
N. Record A Hit 2-Moonwalks $900.00
833 Gents w/ Tents Table & Chairs $600.00
Fp AWARDS Awards & More Plaque & Medals $17500
hi WASTE MANAGEMENT _
8 Por Tolets _ $675.00.
ED Garbage
rn PACKET GIFTS Roselyn Fashions 10 Polo Shirts $80.80,
En 50 T-Shirts $201.75
20 Aprons $175.00
Fri WATER _D'Angelo $85.00
En
- -
En ADVERTISING Elgin Super Print _& other promotions $200.00
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Wir MISCELLANEOUS --- - - . _ .._ -- -- - ---1---- -- _ - --- --- ---
_- Cid License-Fee _ $25.00
Workers/5 C 6 Hrs. Food/beverage _ 1100.00
—Materials $300.00.
TOTAL '_ $7 582 s5.
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Purchase of Service Agreement
THIS AGREEMENT is made and entered into this T(4- day of April 2004 by and between the
CITY OF ELGIN, as an Illinois municipal corporation(hereinafter referred to as the"City") and the
Outdoor Exhibition Group, an Illinois not-for-profit corporation(hereinafter referred to as "OEG".)
WITNESSETH
WHEREAS, the OEG located in Elgin,Kane County, Illinois has proposed a special event in
the form of a Rib Festival for May 31, 2004 to be conducted on Walton Island (hereinafter referred to
as the"subject special event") and the east-side shore of the Fox River; and
WHEREAS, Elgin Municipal Code Section 13.25.020A requires special events to be sponsored
and conducted by not-for-profit corporations or associations or by public bodies; and
WHEREAS, the OEG has requested that the City enter a Purchase of Service Agreement for
the subject special event; and
WHEREAS,the City has determined that the subject special event will attract additional
interest in generational events; and
WHEREAS, the City Council has further determined that it is in the best interests of the City to
enter into a Purchase of Service Agreement for the subject special event and with the OEG in
accordance with the terms and conditions of this Purchase of Service Agreement; and
WHEREAS, the City Of Elgin is a home rule municipality as defined in Article VII Section 6a
of the 1970 Constitution of the State of Illinois; and
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WHEREAS, a home rule unit may exercise any power and perform any function pertaining to
its government and affairs; and
WHEREAS,the Purchase of Service Agreement for the subject special event and promoting
further interests in redevelopment of the City's center city area pertains to the government and affairs
of the City of Elgin.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained
in this agreement, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. That the foregoing recitals are hereby incorporated into this agreement in their entirety.
2. That the City and the OEG hereby agree to cooperate in the administration of the proposed
Rib Festival on May 31, 2004. The subject special event will be located on Walton Island
and the east-side shore of the Fox River and shall be conducted between the hours of 10:00
a.m. to 6:00 p.m., Monday, May 31, 2004. The City's total costs for the subject special
event shall not exceed $5,000.00 which shall be applied solely:
a. Costs to provide police officers for event security. Such security shall be
provided by City during event hours: May 31, 2004, 10:00 a.m. - 6:00 p.m.
The costs for the police service for the City of Elgin will not exceed
$1,000.00. In the event said police services exceed $1,000.00, the OEG shall
assume and be liable for any and all costs beyond said$1,000.00.
b. Costs to provide port-o-lets, waste containers, water, and hand washing units
at a cost not to exceed $2,000 during the event.
c. Costs to pay for entertainment; payments not to exceed$2,000.00.
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3. The City will provide marketing support for this event in conjunction with other City events
scheduled for Memorial Day, including, the Soap Box Derby, the annual Fox Trot, and the
Kiwanis Pancake Breakfast.
4. The OEG will provide the City a full and detailed accounting of all its income and
expenditures for this event no later than ninety(90) days after the day of the event.
5. OEG shall pay all other costs associated with the subject special event including but not
limited to litter control and clean-up.
6. The OEG shall be responsible for applying for and obtaining a special events permit as
provided for under Elgin Municipal Code Chapter 13.25. The City shall provide all
necessary signatures on the special event application to evidence the City's co-sponsorship
of the subject special event.
7. Notwithstanding the City's co-sponsorship of the subject special event, the parties hereto
understand and agree that the OEG shall be solely responsible for conducting the subject
special event and for all costs associated with the subject special event including but not
limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled
"Special Events in Public Places", except as specifically provided for herein.
8. Notwithstanding the City's co-sponsorship of the subject special event, the OEG agrees that
pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section
13.25.090, that the OEG shall be strictly liable for the acts of its volunteers, officers and
employees and that the OEG to the fullest extent permitted by law shall indemnify, defend,
and hold harmless the City, its officers, employees, agents, boards and commissions from
and against any and all claims, suits,judgments, costs, attorney's fees, damages or other
relief arising out of or in any way connected with the subject special event or any acts or
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omissions of the OEG, its agents, volunteers or employees. Nothing herein shall be
construed so as to limit or abrogate the OEG's duty to defend the City. In the event of any
action against the City or 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. The provisions of this paragraph shall survive any
termination and/or expiration of this agreement.
9. That in consideration of the OEG being solely responsible for conducting the subject
special event and for all costs associated with the subject special event as provided herein,
the parties understand and agree that the OEG shall be entitled to retain any income
received from the subject special event.
10. That the OEG at its sole cost shall apply for and obtain all necessary permits, including
amplifier permits, for any entertainment to be conducted in conjunction with the special
event. Any entertainment and use of amplifiers shall be in compliance with all applicable
regulations, and must end at 6:00 pm on Monday, May 31, 2004.
11. That nothing contained in this agreement shall be construed to relieve the OEG, its officers,
agents, or employees, as well as any other participants in the subject special event from
complying with all applicable laws and regulations of the City, State and the United States,
including but not limited to obtaining any other permits or approvals as required by law.
12. That this agreement shall not be deemed or construed to create any employment,joint
venture,partnership or other agency relationship between the parties hereto.
13. The terms of this agreement shall be severable. In the event any of the terms or conditions
of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the
remainder of this agreement shall remain in full force and effect.
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14. 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.
15. In the event of any breach of the terms or provisions of this agreement by OEG, or in the
event the subject special event does not take place for any reason, OEG shall refund to City
any amounts paid to OEG by City at no penalty to City. Such refund shall not constitute or
be construed as a waiver of any other remedies to which City may be entitled by law.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year
first written above.
CITY OF ELGIN OEG
BY: BY:
Ed Schock, Mayor ITS: •
Attest: Attest:
Aft
City Clerk
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