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06-72 A 1 Resolution No. 06-72 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE OUTDOOR EXHIBITION GROUP BE IT RESOLVED BY THE CITY COUNCIL 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 29, 2006, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 12, 2006 Adopted: April 12,2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Purchase of Service Agreement THIS AGREEMENT is made and entered into this j day of April 2006 by and between the CITY OF ELGIN, as an Illinois municipal corporation (hereinafter referred to as the "City") and the Outside 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 29, 2006 to be conducted on Walton Island (and/or Civic Center Plaza based upon weather and water level surrounding 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 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 Subject Special Event consisting of the proposed Rib Festival on May 29, 2006. The Subject Special Event will be located on Walton Island (and/or Civic Center Plaza , PSA with the OEG for Rib Fest March 17, 2006 Page 2 based upon weather and water level surrounding Walton Island) and the east-side shore of the Fox River and shall be conducted between the hours of 11:00 a.m. to 6:00 p.m., Monday, May 29, 2006. The City's total costs for the Subject Special Event shall not exceed $7,298.70 which shall be applied solely to the following matters: a. Costs to provide three (3) police officers for event security. Such security shall be provided by City during event hours: May 29, 2006, 11:00 a.m. - 6:00 p.m. The costs for the police service for the City of Elgin will not exceed $1,500.00. In the event said police services exceed $1,500.00, the OEG shall assume and be liable for any and all costs beyond said $1,500.00. b. Costs to provide port-o-lets, waste containers, water, and hand washing units at a cost not to exceed $1,192.50 during the event. c. The City will cover costs to provide (2) Parks staff for event setup and clean up on May 28, 2006 (Noon- 4:00p.m.) and May 29, 2006, (10 a.m. to 7:00 p.m.). The costs for the labor for the City of Elgin will not exceed $1,630.20. d. The City shall cover the costs to provide the services of one (1) Fire Inspector for a pre- site inspection on May 29, 2006. The cost for the service for the City of Elgin will not exceed $126. e. The City shall provide the services of Gil Feliciano, Community Relations/Outreach Coordinator for assistance in raising sponsors to help offset costs for the event. f. The City shall provide deposits on the following items. Total costs to the City of Elgin for such deposits shall not exceed $2850: a) $500 event insurance deposit b) $750 Street Corner Blue deposit (live music) c) $450 Petey the Clown deposit d) $300 Ernesto Torres deposit (DJ) e) $562.50 Record-A-Hit deposit (Moonwalk, Hi-Ball and Fly guy) f) $92.50 Awards &More deposit (awards) g) $195 Wakoh Wear(polo shirts, T-shirts and aprons) deposit 3. The City will provide marketing support for this event in conjunction with other City events scheduled for Memorial Day, including the 29th annual Fox Trot and the Kiwanis Pancake Breakfast. PSA with the OEG for Rib Fest March 17, 2006 Page 3 4. The OEG will provide the City a full and detailed written accounting of all its income and expenditures for the Subject Special Event no later than ninety (90) days after the day of the Subject Special 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 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 completion, termination and/or expiration of this agreement. 9. OEG and the City agree that 75% of gross receipts from the Subject Special Event shall be paid to OEG and 25% of gross receipts shall be paid to the Elgin Youth Scholarship Fund. 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 PSA with the OEG for Rib Fest March 17, 2006 Page 4 compliance with all applicable regulations, and must end at 6:00 pm on Monday, May 29, 2006. 11. In conjunction with the Subject Special Event permit application OEG shall submit to the City a security plan to be approved by the City's Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the City's Chief of Police in writing five (5) business days before the event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. City hereto shall provide for the payment of one hundred percent (100%) of the cost as determined by the City of the direct and reasonable costs incurred by the City to provide police, public works and paramedic services for the Subject Special Event; provided, however, that the total cost contributed by the City shall not exceed $7,298.70. Any costs which exceed $7,298.70 shall be paid solely by OEG. OEG shall provide all payments provided for herein to City within thirty (30) days of written demand for payment by City. Such estimated cost shall be determined in the sole discretion of the City. The number of police officers and the duration of the special police detail for the special event shall be determined by the City's Chief of Police. 12. OEG at its sole cost shall apply for and obtain a Class I liquor license. The City Manager shall provide all necessary signatures on such liquor license application to evidence the City's co-sponsorship of the liquor license. OEG shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. OEG shall also provide, without cost to the City, the dram shop insurance required pursuant to Elgin Municipal Code Section 13.25.080 naming the City as a coinsured with limits of not less that $1,000,000 with such proof of insurance stating that it shall not be terminated or suspended without at least thirty (30) days prior written notice to the City. All alcohol sales must end at 6:00 p.m. on Monday, May 29. 13. 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. 14. That this agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. PSA with the OEG for Rib Fest March 17, 2006 Page 5 15. 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. 16. 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. 17. 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: '1:4-c_et Attea.6„,„,6_ Attest: City Clerk F:\Legal Dept\Agreement\Outdoor Exhibit Group-Ribfest-2006.doc • ,(.4 OF EL i.c. — City of Elgin Agenda Item No. 4,,1\ 401111k " I 41/1D1°‘' L • March 17, 2006 G N TO: Mayor and Members of the City Council RECREATIONAL LEISURE AND CL./LI-UAL OPPORTUNITIES FnoR Al I rITI7FNS FROM: Olufemi Folarin, City Manager Randy Reopelle, Parks and Rec eation Director 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 29, 2006. RECOMMENDATION It is recommended the City Council approve entering into a Purchase of Service Agreement with the OEG in an amount not to exceed $7,299 in financial and in-kind support. BACKGROUND Representatives from the OEG have submitted a City of Elgin Special Event Application to hold their annual Rib Fest at Walton Island (or in case of high water levels or weather, on the Civic Center Plaza) on May 29, 2006. The OEG is a non-profit organization committed to providing an annual Rib Fest for the purposes of helping raise funds for the Walton Island Flag Sculpture and the Elgin Youth Scholarship Fund and offering an opportunity for Elgin residents to experience a positive event where neighbor can meet neighbor and develop new relationships. For several years, Rib Fest has generated local attention and has drawn people to downtown Elgin. To help offset some of the costs involved in this event, the OEG is requesting financial assistance from the City. Without the assistance, the OEG feels it will be impossible to hold the event. Staff has met with the OEG to review event logistics and budget. 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 29th Annual Fox Trot and the Kiwanis Pancake Breakfast. If adequate funds are raised at the event, 75% of the proceeds will go toward offsetting the event costs and the Walton Island Flag Sculpture and 25% will go towards the Elgin Youth Scholarship Fund. .y PSA with the OEG for Rib Fest divh, March 17, 2006 Page 2 The main items of the agreement are as follows: 1. The City shall cover the costs to provide three (3) police officers for event security. Security will need to be provided during event hours: May 29, 2006, 11:00 a.m. - 6:00 p.m. The costs for the police service for the City of Elgin will not exceed $1,500.00. 2. The City will cover the costs to provide port-o-lets, waste containers, and hand washing units at a cost not to exceed $1,192.50 during the event. 3. The city will cover costs to provide (2) Parks staff for event setup and clean up on May 28, 2006 (Noon-4:00 p.m.) and May 29, 2006, 10 a.m. to 7:00 p.m. The costs for the Parks labor for the City of Elgin will not exceed $1,630.20. 4. The City shall cover the costs to provide the services of one (1) Fire Inspector for a pre- site inspection on May 29, 2006. The cost for the service for the City of Elgin will not exceed$126. 5. The City shall provide the services of Gil Feliciano, Community Relations/Outreach Coordinator for assistance in securing sponsors to help offset costs for the event. 6. The City shall provide deposits for entertainment, event insurance, apparel and awards. Total costs to the City of Elgin will not exceed $2,850.00. 7. 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. 8. 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. 9. 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 None PSA with the OEG for Rib Fest oft, March 17, 2006 Page 3 ANCIAL IMPACT The total cost of the Purchase of Service Agreement with OEG is a not to exceed amount of $7,299. Police services will not exceed $1,500 and be charged to the General Fund, Police Department Employee Earnings, account number 010-2308-731.01-01 where sufficient funds exist to pay for the personnel related overtime costs. The total costs for port-o-lets, waste containers and hand washing units will not exceed $1,192.50 and will be charged to the General Fund, City-Sponsored Special Events, account number 010-0801-790.17-19 (budgeted $10,000 and available $10,000). Fire Department employee overtime earnings will not exceed $126 and be charged to account number 010-2802-735.01-02. Parks employee overtime labor services will not exceed $1,630.20 and be charged to account number 010-3371-764.01-02. Insurance, entertainment, music, awards and apparel expenses will not exceed $2,850 and be charged to 010-0801-709.45-99. Project number 039673 will be charged for these miscellaneous supplies and ervices. GAL IMPACT eNone 4001` ALTERNATIVES 1. Enter into a Purchase of Services Agreement with the OEG in an amount not to exceed $7,299 in financial and in-kind support. 2. Provide no financial participation by the City with the OEG assuming 100% of the event costs. Respectfully submitted for Council consideration. PM Attachment