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05-207 r . Resolution No. 05-207 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,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: June 22, 2005 Adopted: June 22, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk a , PURCHASE OF SERVICE AGREEMENT fit- This agreement is hereby made and entered into this(/I, day of\‘ .200s 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 mutually acknowledged, the parties hereto agree as follows: 1. Bureau shall provide a budget by July 15, 2005 following execution of this agreement which shall reflect the projected distribution of funds received from the City during the term of this agreement. 2. City shall pay Bureau the sum of$ 0,000 within thirty(30) days of City's receipt of financial statements as provided by Paragraph 4 herein. 3. The Bureau shall provide a written report detailing the disbursement of the aforementioned $50,000. This report shall be provided to the City by December 31, 2005,and shall include all program and financial activity. This report 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 in a form reasonably acceptable to the City. These statements shall be submitted before December 31, 2005. 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 and report such efforts to City. 7. This Agreement shall terminate December 31,200 ;provided,however,that either party hereto may terminate this Agreement upon thirty (30) days written notice. In the event of any such termination,Bureau shall refund to the City any unused funds paid by the City to Bureau,except as may otherwise specifically be provided for herein,pursuant to this Agreement as of the date of any such notice of termination. This provision shall not act,nor be construed as,a limitation on any rights to which the City may otherwise be entitled by law. 8. The City of Elgin shall be recognized as a sponsor of the Bureau 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). A logo provided by the City shall be used for this purpose. Three samples of this acknowledgment shall be provided to the City. 9. Bureau shall provide to City,at no cost,a full page, full color advertising space in each issue of the Visitors Guide in 2005 to be used at the City's discretion. 10. The Bureau shall feature the City of Elgin events,as provided by the City,in the 2005 Visitors Guide and on the Bureau's web site. 11. The Bureau will provide a quarterly banner ad promoting the City facilities and recreational and cultural events in the cultural section of their redesigned web site that would link directly to the City's website. 12. Bureau shall actively participate in the marketing of City-sponsored events including,but not limited to the Fine Arts Festival, Fox Trot and Soap Box Derby. 13. Bureau shall provide complimentary partnerships,in lieu ofdues,to the following City facilities, but not limited to: The City of Elgin, The Centre, The Hemmens Cultural Center, The Elgin Sports Complex and the Highlands of Elgin Golf Course. 14. Bureau shall feature and provide links on the Bureau's web site to the City of Elgin's web site for the following items but not limited to the City of Elgin, The Centre of Elgin. The Hemmens Cultural Center,The Elgin Sports Complex and the Highlands of Elgin Golf Course. 15. Bureau shall feature the City as a sponsoring partner in all e-newsletters. 16. Bureau shall promote the Elgin Sports Complex.the Centre of Elgin,and the Highlands of Elgin Golf Course at all regional, statewide and national sports tradeshows to attract new sports tournaments for Elgin. 17. Bureau shall promote the Centre of Elgin and Hemmens Cultural Center at regional, statewide and national tradeshows as locations for conferences and seminars. 18. Alternatively,in the event the City wishes to allow the Bureau to retain some portion of the funds paid by the City subsequent to a termination by the City,the amount of funds that the Bureau will be entitled to retain should be specifically mentioned,and the date included and the paragraph should be 19. The terms of this agreement shall 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. 20. This agreement shall not be construed so as to create a partnership,joint venture, agency or employment relationship between the parties hereto. 21. 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, judgments, 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. The provisions of this paragraph shall survive the expiration and for termination of this agreement. CITY OF ELGIN ELGIN AREA CONVENTION AND V_ISITO' • BUREAU BY C BY/ w1 ./—� ) Date Date U/C Attest: � J/ 9941,t,„ City Clerk t( Ft Agenda Item No. 1 City of Elgin E L � allyst G June 3, 2005 TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, City Manager RuthAnne K. Hall, Manageme Analyst SUBJECT: Purchase of Service Agreement with 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 to consider a Purchase of Service Agreement with the Elgin Area Convention and Visitors Bureau. RECOMMENDATION It is recommended that the Purchase of Service Agreement with the Elgin Area Convention and • Visitors Bureau, in the amount of$50,000,be approved as presented. BACKGROUND The mission of the Elgin Area Convention and Visitors Bureau is to enhance the economic and environmental well-being of our region and partners through the promotion of tourism and the comprehensive marketing of our destination. The Elgin Area Convention and Visitors Bureau helps to create business for the 14 communities they serve by promoting Chicagoland's northern Fox River Valley as an overnight destination and by increasing visitor awareness and expenditures for the maximum economic benefit of our tourism partners. The City of Elgin has, in the past, provided direct support for these activities through the form of a monetary contribution. Since 2003, the financial support given to the Bureau has decreased from $200,000 annually to $50,000 annually in 2005. As a result the Bureau has worked to develop relationships with other communities within the Northern Fox River Valley to secure additional sponsorship contributions. In addition to the support of the City of Elgin, the Bureau receives funding from the proceeds from the City's hotel/motel tax. The proceeds from 2004 were$178,034, an increase from$163,051 in 2003. r row Purchase of Service Agreement with Elgin Area Convention and Visitors Bureau June 3,2005 Page 2 Highlights of the proposed agreement include: • The City has the right to request any additional information as it feels is necessary to verify the Bureau's performance. • The Bureau will submit a financial and activity report to the City twice a year. • The Bureau will continue efforts at fund-raising and partnerships with other communities which it serves. • Bureau shall provide to City, at no cost, a full page, full color advertising space in each issue of the Visitors Guide in 2005 to be used at the City's discretion. • The Bureau shall feature the City of Elgin events, as provided by the City, in the 2005 Visitors Guide and on the Bureau's web site. • The Bureau will provide a quarterly banner ad promoting the City facilities and recreational and cultural events in the cultural section of their redesigned web site that would link directly to the City's website. • Bureau shall actively participate in the marketing of City-sponsored events including, but not limited to the Fine Arts Festival, Fox Trot and Soap Box Derby. • Bureau shall provide complimentary partnerships, in lieu of dues, to the following City facilities, but not limited to: The City of Elgin, The Centre, The Hemmens Cultural Center, The Elgin Sports Complex and the Highlands of Elgin Golf Course. • Bureau shall feature and provide links on the Bureau's web site to the City of Elgin's web site for the following items but not limited to the City of Elgin, The Centre of Elgin, The Hemmens Cultural Center, The Elgin Sports Complex and the Highlands of Elgin Golf Course. • Bureau shall promote the Elgin Sports Complex, the Centre of Elgin, and the Highlands of Elgin Golf Course at all regional, statewide and national sports tradeshows to attract new sports tournaments for Elgin. • Bureau shall promote the Centre of Elgin and Hemmens Cultural Center at regional, statewide and national tradeshows as locations for conferences and seminars. r Purchase of Service Agreement with Elgin Area Convention and Visitors Bureau June 3,2005 Page 3 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED glii4INANCIAL IMPACT There are sufficient funds budgeted ($50,000) and available ($50,000) in Riverboat Fund, account number 275-0000-791.80-03, to enter into this agreement with the Bureau at a cost of $50,000. wv4EGAL IMPACT None ALTERNATIVES 1. Approve the Purchase of Service Agreement with the Convention and Visitors Bureau as presented. 2. Modify the Purchase of Service Agreement. 3. Reject the Purchase of Service Agreement with the Convention and Visitors Bureau as presented. Respectfully submitted for Council consideration. RICH Attachment • r Purchase of Service Agreement with Elgin Area Convention and Visitors Bureau June 3,2005 Page 4 PURCHASE OF SERVICE AGREEMENT This agreement is hereby made and entered into this day of , 2005 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 mutually acknowledged, the parties hereto agree as follows: 1. Bureau shall provide a budget by July 15, 2005 following execution of this agreement which shall reflect the projected distribution of funds received from the City during the term of this agreement. 2. City shall pay Bureau the sum of$50,000 within thirty(30) days of City's receipt of audited financial statements as provided by Paragraph 4 herein. 3. The Bureau shall provide a written report detailing the disbursement of the aforementioned $50,000. This report shall be provided to the City by December 31, 2005, and shall include all program and financial activity. This report 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 in a form reasonably acceptable to the City. These statements shall be submitted before December 31, 2005. 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 and report such efforts to City. 7. This Agreement shall terminate December 31, 2005; provided, however, that either party hereto may terminate this Agreement upon thirty (30) days written notice. In the event of any such termination, Bureau shall refund to the City any unused funds paid by the City to Bureau, except as may otherwise specifically be provided for herein, pursuant to this Purchase of Service Agreement with Elgin Area Convention and Visitors Bureau June 3,2005 Page 5 Agreement as of the date of any such notice of termination. This provision shall not act, nor be construed as, a limitation on any rights to which the City may otherwise be entitled by law. 8. The City of Elgin shall be recognized as a sponsor of the Bureau 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). A logo provided by the City shall be used for this purpose. Three samples of this acknowledgment shall be provided to the City. 9. Bureau shall provide to City, at no cost, a full page, full color advertising space in each issue of the Visitors Guide in 2005 to be used at the City's discretion. 10. The Bureau shall feature the City of Elgin events, as provided by the City, in the 2005 Visitors Guide and on the Bureau's web site. 11. The Bureau will provide a quarterly banner ad promoting the City facilities and recreational and cultural events in the cultural section of their redesigned web site that would link directly to the City's website. elw 12. Bureau shall actively participate in the marketing of City-sponsored events including, but not limited to the Fine Arts Festival, Fox Trot and Soap Box Derby. 13. Bureau shall provide complimentary partnerships, in lieu of dues, to the following City facilities, but not limited to: The City of Elgin, The Centre, The Hemmens Cultural Center, The Elgin Sports Complex and the Highlands of Elgin Golf Course. 14. Bureau shall feature and provide links on the Bureau's web site to the City of Elgin's web site for the following items but not limited to the City of Elgin, The Centre of Elgin, The Hemmens Cultural Center, The Elgin Sports Complex and the Highlands of Elgin Golf Course. 15. Bureau shall feature the City as a sponsoring partner in all e-newsletters. 16. Bureau shall promote the Elgin Sports Complex, the Centre of Elgin, and the Highlands of Elgin Golf Course at all regional, statewide and national sports tradeshows to attract new sports tournaments for Elgin. 17. Bureau shall promote the Centre of Elgin and Hemmens Cultural Center at regional, statewide and national tradeshows as locations for conferences and seminars. r Purchase of Service Agreement with Elgin Area Convention and Visitors Bureau June 3,2005 Page 6 18. Alternatively, in the event the City wishes to allow the Bureau to retain some portion of the funds paid by the City subsequent to a termination by the City, the amount of funds that the Bureau will be entitled to retain should be specifically mentioned, and the date included and the paragraph should be 19. The terms of this agreement shall 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. 20. This agreement shall not be construed so as to create a partnership,joint venture, agency or employment relationship between the parties hereto. 21. 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, judgments, 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. The provisions of this paragraph shall survive the expiration and/or termination of this agreement. CITY OF ELGIN ELGIN AREA CONVENTION AND VISITORS BUREAU BY BY Date Date Attest: City Clerk r