===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO PUBLIC AFFAIRS COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: 5: CG. West Chicago Railroad Days 2020 Final Report FILE NUMBER: Western DuPage Chamber of Commerce COMMITTEE AGENDA DATE: November 23, 2020 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner SIGNATURE va > Zo 2 APPROVED BY CITY ADMINISTRATOR: ~ Michael Guttman SIGNATURE ITEM SUMMARY: The Western DuPage Chamber of Commerce submitted the attached documentation of expenses for West Chicago Railroad Days that was scheduled to take place Thursday, July 9 through Sunday, July 12, 2020 at Pioneer Park. The Public Affairs Committee discussed cancellation of Railroad Days on April 27, 2020 and the cancellation was confirmed by the City Council on May 4, 2020. The cancellation was based on state guidance regarding COVID-19, which has resulted in the cancellation of virtually all festivals to date. The City requested a report of expenses and a return of the unspent portion of the $15,000 that was supplied to the Western DuPage Chamber of Commerce the week of February 17, 2020. The $15,000 was provided in accordance with the Funding Agreement between the City and the Western DuPage Chamber of Commerce per Resolution 17-R-0040 and is attached. On July 27 the Public Affairs Committee requested that the Chamber provide more documentation and also an explanation of efforts to mitigate the non-refundable deposits. The City has not received any proof of efforts to mitigate the non- refundable deposits, although the Chamber provided a general report on expenses, a handful of receipts, a contract, and estimates of staff time spent on a variety of event-related tasks. The Western DuPage Chamber of Commerce is requesting to keep the $15,000 due to the spending listed in the four categories below: 1. Estimated labor costs of $9,921.50 2. A beverage provider dropped their Chamber membership of $1,995 3. Lost marketing benefits owed sponsors $4,000 4. Non-refundable deposits of $2,925 Attached is the proposed addendum to the Railroad Days Funding Agreement 2017 through 2021, which sets forth the additional responsibilities for the Western DuPage Chamber of Commerce and the City when planning upcoming Railroad Days Festivals. UPDATE: The Chamber has responded with a letter that has been attached. ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO ACTIONS PROPOSED: Further discussion of the final report and letter. COMMITTEE RECOMMENDATION: ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] ‘Western DuPage Chamber of Commerce 306 Main Street, West Chicago, Illinois 60185 ph. 630-231-3003 November 18, 2020 Nicolette, During the regularly scheduled meeting of the Western DuPage Chamber of Commerce Board of Directors, the addendum proposed by the Public Affairs Committee was reviewed. It is the consensus of the Board that agreeing to the proposed addendum would restrict the Chamber such that meeting the terms of the funding agreement would be impossible. The following points were identified. The assistance of a professional talent procurement agent has proven to reduce performer costs, broaden talent choices, eliminate performer cancellations (as they risk losing multiple shows if they were to do so) and insures that the coordination of large groups are easily managed throughout the event. This work is (was) performed to completion by the agent in 2020 as evidenced by the schedule submitted and posted online. The proposed addendum would require the Chamber to absorb this cost should event be cancelled as this service is not free and is completed generally by March 1* and often sooner. There are few stage companies that can provide a stage required for this event and, a stage is required by the funding agreement. We have in the past been forced to pay for a larger and more expensive stage because we waited too long to sign the agreement; again, we are talking about March for a July event. Given the high demand and the unlikely increase of stage availability, none of the stage providers are willing to commit a stage through opening night of the event without recourse. At that point, 100% of the cost would be required. The cancellation date was intentional as the Chamber is not able to financially underwrite the planning and management of the event without a reasonable opportunity to recover those costs. While some work is done prior to December 31%, that is a risk we knowingly assume but, we sign no contracts until after that date. It is the belief of the Board that we have exceeded the expectations of the funding agreement and have provided an exceptional, safe, and inclusive event for the City of West Chicago throughout the term of the agreement. It is their desire to build on the relationship and continue to serve the City in any way possible and mutually beneficial. Should the City wish to discuss alternative solutions that might meet with approval of the City of West Chicago and allow the Directors and Officers of the Western DuPage Chamber of Commerce to meet their fiduciary obligation, the invitation is open. Please advise by contacting me at your convenience and, be well. Respectfully, David J Sabathne President / CEO ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] 2020 Railroad Days - Cost estimates Report to Board of Directors The 2020 West Chicago Railroad Days Festival was officially cancelled by the City of West Chicago on May 4" as a response to the COVID-19 virus threat. The event, in compliance with the contract with the City of West Chicago was scheduled for July 9" through the 12". While it was cancelled 9-weeks prior to opening, much of the chamber’s staff time and resources are expended prior to this date. The following explains many of the tasks required to plan and manage the event as well as other associated losses incurred because of the cancellation occurring well into the 2" quarter of the chamber’s budget year. The funding agreement reduces the funding amount by $10,000 from 2019 as it did in 2019 and 2018 from the original $60,000 funded in 2017; current funding amount is $30,000 plus in-kind services estimated at $17,000, As such, every year the chamber attempts to reduce the overall cost of the event while providing both the mandated components (per contract) and a quality event for the community. To do this, each component of infrastructure and amenity is carefully reviewed and negotiated. Negotiation meeting, calls and auditions: Generators required to operate in Pioneer Park, location per contract with City of West Chicago. This included on-site meeting with their manager and consideration of various layouts of stage, trailers, vendors, beer garden and other amenities requiring electricity as well as compliance with City codes. In order to consider alternate and less expensive power options, a preliminary load needed to be determined by calling all previous vendors to ascertain interest in returning to the event and if so, the maximum amperage load of each piece of equipment. The layout submitted to the City was modified from previous years to meet our goal. Talent/entertainment: Entertainment is not only a required component of the event, but it is the favorite feature offered throughout the four-day festival. There is no entry fee to attend Railroad Days and free concerts are a big draw. Fred Brennon is contracted by the chamber to seek out performers that offer a blend of music styles and genres. All acts are proposed to the chamber to review, often by attending a performance that is open to the public; three acts were auditioned in person for the 2020 lineup. All others were reviewed by all staff by way of press kits, referrals, YouTube videos, Facebook, and other social media sources to ensure that each performer was appropriate in content and delivery. When approved, Mr. Brennon would present a contract for review, assist in negotiations and secure contract for performance. Carnival: Also, a required offering for the festival, the carnival is very popular and is the major source for revenue to support the event; $25,000 - $38,000 in recent years. One challenge is that weather can have an impact on the participation and particularly on days/times when a single price (wristband) is offered. In ===== PDF PAGE 63 ===== [Extraction: OCR (rendered-page OCR)] 2020, a single price for each day was negotiated for Every day, All Day. This was expected to both increase participation and revenue. Stage, sound, and lighting: Quality entertainment required quality sound equipment, stage, and lighting to enhance the overall experience for the audience. In keeping with the goal of working with a smaller budget while maintaining a superior experience for those attending these too were negotiated for 2020. The stage size was reduced, and the sound provider was also worked with to reduce the costs where possible. Marketing: The 2020 West Chicago Railroad Days web feature was fully developed to include all the entertainment lineup, vendor applications, bus schedule and location (considering construction), new carnival pricing and schedules. While this may seem easy, it is anything but. Whenever a change is made to the lineup, additional video clips or sponsors are added, changes must be made. In 2020 it was important to make the website mobile device friendly as it is estimated that 80% of visitors will use a mobile device for directions and to review activities. In addition, radio and TV commercials were in production as well as the printed marketing materials i.e. fliers, posters, and City of West Chicago newsletter copy. Summary of loss While the chamber does not practice cost accounting and therefore must rely on estimates to determine time spent and other hard costs, this estimate is determined to be not less than $9950.00 un- weighted labor costs directly related to the 2020 West Chicago Railroad Days planning and management YTD, A total of 270 staff hours is a conservative estimate of work exclusive to West Chicago Railroad Days through May 2020. In addition, the beverage provider dropped their Chairman’s Club membership of $1995.00 and the Chamber must now create additional marketing benefits for our sponsors or other benefits that will be valued equally to the marketing benefit expected from Railroad Days. The marketing benefit must be at or above $4,000.00 allocated to this event. No-refundable deposits YTD are $2925.00 paid for talent acquisition and stage lease. American Mobile Staging: $1925 The Brennon Agency: $1,000 *it should be noted that all talent contracts were completed and therefore the full $2,000 fee should have been paid; 50% was negotiated for the benefit of the City of West Chicago by the Chamber. Profit history: Net retained by the Western DuPage Chamber of Commerce 2017 $34,787.48 2018 $31,056.38 2019 $26,141.12 ===== PDF PAGE 64 ===== [Extraction: OCR (rendered-page OCR)] Nicolette Stefan eee eeeee crease see ecee eee ee From: David Sabathne Sent: Monday, August 31, 2020 9:50 AM To: Lori Chassee; Ruben Pineda; Michael Guttman; Nicolette Stefan Subject: Railroad Days reporting Attachments: 2020 1o0f2 American Mobil Staging.pdf; 2020 10f2 Brennan Agency.pdf; WDCC Railroad Days Stage.pdf; Public Affairs Committee Chairman Chassee.docx Good morning, Please see the attached letter and records regarding the 2020 West Chicago Railroad Days Festival. Respectfully, David WESTERN eae CHAMBER OF COMMERCE laseiaee : aE OD OL CR: RT me: . SABATH N E’ PRESIDENT « GEO AGE; [OM | PROUDLY SERVING WARRENVILLE & WEST CHICAGO 306 MAIN ST, WEST CITICAGO IL 60185 — PHONE: 630-231-3003 FAX: 630.231. 3009 Chaniheras canines Western DuPage ===== PDF PAGE 65 ===== [Extraction: OCR (rendered-page OCR)] a Western DuPage Chamber of Commerce SS Lal Public Affairs Committee Chairman Chassee August 27, 2020 City of West Chicago 475 Main Street West Chicago, IL 60185 VIA: Email Re: 2020 Railroad Days Funding information request Dear Chairman, During the Public Affairs Committee meeting July, the Western DuPage Chamber of Commerce was asked to provide greater detail of the expenses incurred relating to the planning and management of the 2020 West Chicago Railroad Days Festival. At that time, all chamber staff was furloughed or hours were reduced by 80% which made it impossible for us to compile the requested information immediately; we apologize for this unavoidable delay. On August 17" the Chamber was able to recall all staff back to full pre-COVID levels and begin the reopening process. The Board of Directors and | have made it a priority to look back at the work related to our contractual obligation to the city and identify any detail that is available relating to the festival and report to you as soon as we can. Attached are two payment receipts for work performed by outside contractors on behalf of the chamber but related to the 2020 West Chicago Railroad Days Festival. Each of these required a non-refundable deposit which was made and forfeited when the cancellation took place on or after May 4", 2020. Again, the Chamber staff will continue to dedicate time to respond to your request and hope that you accept our apology and understand that our organization is not exempt from disruptions related to the ongoing pandemic and did not qualify for the many benefits that most other businesses and organizations received; although as a leader within the community you should know that with our assistance substantial benefits were received by our West Chicago businesses. Respectfully, David J. Sabathne, ACE/IOM President ===== PDF PAGE 66 ===== [Extraction: OCR (rendered-page OCR)] youu American Mobil Staging, Inc. 2/1/2020 Date Type Reference Original Amt. Balance Due Discount Payment 1/30/2020 ‘Bill 3,850.00 .3,850.00 1,925.00 Check Amount 1,925.00 50% deposit Checking 1,925.00 ODUCT SSLTI03 USE WITH 91669 ENVELOPE Deluxe Corporation 1-800-328-0304 or www.deluxe.convshop ec. fie Se" 62864387010 CLEB22 CHIKOKOS 08/28/2016 17:54 -153- ===== PDF PAGE 67 ===== [Extraction: OCR (rendered-page OCR)] SENN EH nee wey Ne NPE ReN en mene mee meme enertenenmeney ee ines 36U2 The Brennan Agency 2/1/2020 Date Type Reference Original Amt. Balance Due Discount Payment 1/27/2020 ‘Bill 2,000.00 2,000.00 1,000.00 Check Amount 1,000.00 50% DeyesiT Checking 1,000.00 RODUCT SSLTIO3 USE WITH 91663 ENVELOPE Doluxe Corporation 1-800-326-0304 or vwww.deluxe.com/shop @ ‘ Bd S” G2a6a3e701zs CIEB22 CHIKDKOS 08/28/2018 17:54 -151- ===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] I 1 1841 Mitchell Blvd. Schaumburg, IL. 60193 Ph. 847-584-0350 Fax. 847-584-0352 CONTRACT AGREEMENT 1. This contract is entered into this date 1/30/2020. Between American Mobile Staging, Inc. ("AMS")and Western Du Page Chamber of Commerce('customer"). To provide services, personnel and/or equipment for Rail Road Days 2020. The services shall be provided by American Mobile Staging, Inc. to customer from:7/9/2020 to 7/12/2020, All personnel and equipment shall be returned to AMS by 7/13/2020. Customer agrees to pay to AMS a total fee of: $3850.00 A nonrefundable deposit shall be paid with the execution of this contract in the amount of: $1925.00 With the balance due priorto setup: 7/9/20 In the amount of: $1925.00 SNOaRoOn 10. Unless otherwise defined in this contract, setup and dismantle labor shall be provided by AMS but limited to the time restrictions on line 11. 11, Labor is limited to 4 hour(s) for setup and 4 hour(s) for dismantle labor is included in this contract. Any overages will be invoiced and payable Net 30 days of line 5 above. 12. No services and, or equipment shall be considered reserved until this contract is signed by customer and received by AMS with the deposit amount (from line 7). Customer: Western Du Page Chamber of Commerce Attn. Dave Sabathne 306 Main Street West Chicago IL 60185 Phone; 630-231-3003 Fax: Services to be Provided And Amendments to this agreement shall be set forth on Schedule A. Additional Terms, Conditions and Change Orders shall be set forth on Schedule B and are in addition to the contract price above. Staging Rider shall be set forth on Schedule C. Customer shall pay all additional costs and expenses reflected therein. GENERAL TERMS AND CONDITIONS: All the general terms and conditions attached to this agreement are incorporated by reference herein as though set forth at length. All such terms and conditions as well as riders have been read and understood by the parties to this agreement. AUTHORITY: Each party executing this agreement, or any changes thereto, warrants and represents to the other that they have the right and authority to enter into this agreement on behalf of, and legally bind, the party for whom they are signing. Nicholas R. Serino, President Customer, on behalf of: Signature American Mobile Staging, Inc. tern D uPa ge Required. Chamber of Commerc 06 Main St. ee Chicago, IL 60185 ===== PDF PAGE 69 ===== [Extraction: OCR (rendered-page OCR)] Schedule A: Services to be Provided And Amendments Year: 2020 Invoice # 10563 Stages come with: Date Out: 7/9/2020 Date In: 7/12/2020 Show: Rail Road Days 2020 Drum Risef.ee.esses Back Drop... Monitor Mix Site.. SN icsssncvanveseve Extra Stair Units.. : . 1 24'x16'x4' Superstage ©MNAMS YONG ee ae ee on=> 095 eet ie Discount: Sub Total $3,850.00 Total Equipment: $3,850.00 Amendments: 16. 1%, 18. ie Total Labor: 20. Total Labor: ph Total Expenses: a Trucking: ae Total Equipment: $3,850.00 24. Amendments: On Site Additions: Total: $3,850.00 25. Amendment Total: Expenses: Payments: Balance Due: $3,850.00 Total Expenses: Western DuPage Chamber of Commerce Customer On behalf of: nae ai ===== PDF PAGE 70 ===== [Extraction: OCR (rendered-page OCR)] Schedule B: Additional Terms, Conditions and Change Orders Change to contract Fee Approved By: 1. 2 3. | —————————— LN Lerd . L] §. | : « [| 7. 8. | 9. | 10. | | Total Amendments GENERAL TERMS AND CONDITIONS Equipment; AMS wartants and represents that the equipment furnished undor this Agreement Is In good and efficient working order In the event of equipment faiture through ‘att ee imakes no warranty or no fault of Customer, AMS shall repair of feplace Said equipment as quickly as possible so as to minimize any delay oF inconvenience to Customer fopresontaton of any kind as lo the sultabilily of saxi oquipmont for any given purpose. Customer veairants and represents that sail equipment shall be used only under those conditions, and for those putposes, for which il was Aas ‘and Intended Customer apace to hold AMS harmless fiom any and ak tos, damage and expenses caused by of arising oul of Hie use of said equipment As well as transportation f transported by customer. Customer shall return all equipment fo AMS i the same condition os dehvered to Customer, except tor hounal wear and tear in similar sorvice Insurance; Customer will be held rosponsibie for any loss, damage, injuly, and/or exponse inert ey of arising out of the use of said equipment, or by the negligence or intentional act of any person tab other than the AMS agent or employees Customer shall provide sufficient, Casually and Pubic ity Insurance coverage for any loss, dainage, Injury or expense caused fo tho AIMS equipment or personnel for wich the Customot is responsible under the terms of this Agreement AMS Porsonnel: Unless othenuse specifically required by terms of this Agreement, AMS shall not be required to provide personnel who are members of any union or guild, AMS potsonnel shall not be required to perform any services not contemplated undar this agreement AMS personnel shall not be required to certified by any organization unless mandated by any branch of goverament of the Unded States of America Indemnity: Each Party agtees to indemnity, defend and hold the other Party and fs respecbve officers, officials, agents, and employees harmless from and against any and all claims, clamages, Joss and expanses (including reasonable atloiney fews), by reuson of any neglgent of wienghil act of omission of the Indomndying Party, including the Indemnitying Party's oftcers habaltty, offclats, agents, employees and invitees Credits: tf any portions of tho services produced by the AMS during the tern of tis Agreement are brondaast of reproduced far commercial exhibition of reloase, otter Winn, News coverage, Custoiner agrees Inal an approptiste cradit will be grven to AIMS for Wie Services under the Agreement No adddignal fees will rosult, provided appropriate credit s given Bad fanh or inadvertont failure to give such credit shall be deomed a teach of Us Agreement and \will fesutl in addilional fees being paid to ALAS by Customer for such commercial use, Customer Dutles: Customer shall provite adequate and omely access to the place of performance (0 allow AMS personnel suthcient time and ablity to perform its obligations under this Agreement. Customer shall also be responsible for providing adequate security for the safaly of the AMS equipment and personnel In addition, Customer shall be responsible for Providing tor any and all ancillary and necessary Seivices and conditions not specifically requued of AMS under this Agreement In order to allay’ AMS [0 perform its obligations under this Agreement: Any additional costs and expenses incutred by AMS to fulfill Customer's duties under us Agreement shall be pad by Customer Unsafe Conditions: In te event that AMS, of their dosignated ropresentatrve, shall In good faith dotertiine that the conciboris (whether due (0 access, exposure, vewlhor, of otherwise) are unsale to AMS personnel and/or equipment te pertormer(s) of any olhor person(s) of proporly, AMS or thew a ope representative shall have the nght to delay of refuse fonder any furiher Semvices under this Agreement without hability of breach of nis Agioemunt unless and undl the Customer shall acknowledge such conditans in writing and specdically ppsdblid? ha hold AMS anc his personnel hariniess from any and all oss, damage, mjury, andor expanse arising from or relating 16 the use of equipment dunng the teim of this greemen Force Majeure: AMS shall not be |abie for uny delay or fallure to perform under this Agreement if such detay of failure is caused of prohibited by conditions of force majoure, including strikes, labor disputes, fire, breakdown of ttanaponabon weather, acts of God, acts of restraints of any gavomment agency or any simitar suzh events which aic beyond tho reasonable control of AMS: Time Is of the Essence: Itis understood and agreed by all partes fo this Agreement that Ue Is of Ihe essence Modifications and Changes: Any modifications, changes or amendments fo this Agreement velether oral of In yiibng, which are mado between the date of this Agreement and commencement of Services and obiigations to be performed by Contactos, shall be set forth in writing as pait of Schedule B to this Agraement and signed t7y Cuslomer pnot to the rendering al any Services by AMS Early Delivery: in the event of oarly doltvery or late plckup whether benaficial to (he Customer or AMS, and agreed upon in wriling or verbally by both sides, all terms and conditions, Schedules and riders shail readjust and be in full force to include those dates. General Provisions: This Agreement may by executed in counterparts, each of vaich will be deemed and original for all mtonts and purposes inthe event of any action al law or equity, incluging any utbitrallon proceedings, the provailing party shail be entdled to reasonable altorney’s feos and costs Notwithstanding the fact that one of more parties hereto may have executed thie Agreement outside the State of tihnors, it is acknowledged and agreed that Uns Agicement shall be governed by and conslued under Me lav of the Stale of Hingis and m Ure event of any suit to enforce or interpret this Ayceement of any of ils terms and condibons, the parties agree thot tis Agioement shat be deemed to have been executed within the State of Minors, and any action shall be instituted in the court of competent junsdction in the County of Cook, State of Hinols Finance Charge: Customer agrees to pay a finance charge of 15% Interest per month for any invoice not paid net 30 days of line 5 Payments; No equipmentor sevice stall be considered teseived until 50% deposit and this signed contract has been received by AMS Balance Is duc upon delivery of stage Any additional charges shall be duo Not 30 of line 5 of contract agreement. Western DuPage 5 ier of Commerce Signature omer, on beha el iain St. Required, West Chicago, IL 60185 ===== PDF PAGE 71 ===== [Extraction: OCR (rendered-page OCR)] Schedule C Staging Contract Rider The following terms and conditions will act as part of the AMS Contract. 1. The customer shall secure any and all permits and/or fees for the placement and use of products of attached contract. 2. The placement of all stages will be on solid and level ground. 3 Itis the customer's responsibility to install a solid surface such as plywood to ensure a safe delivery and pickup of AMS products. Any questionable soft surface, should marked and protected by customer prior to delivery to help stay within the time limits of this contract. Any damage unless caused by the direct negligence of AMS to any surface as a result of delivery or pickup including, but not to be limited to, baseball or soccer fields, parks and sprinkler systems is the responsibility of the customer. 4, The customer understands and agrees to pay for any damages to AMS equipment other than that of normal wear and tear or caused by AMS. 5. The customer understands they have the option to have onsite labor at a cost of $300.00 per day for the first 8 hours of each day and $ 45.00 per hour thereafter during show days. This fee is to supply the customer with one person to manage the functions of the stage such as roof movement, and safety monitoring. This is an additional cost the the customer and will be invoiced in addition to this contract price. By declining onsite labor the responsibilities and llability of the stage becomes that of the customer and undersigner. Signature | accept onsite labor. . | decline onsite ve eASZ5 Required, 6. The customer understands and agrees not to cover, hide or remove the AMS logo or phone number on any rented stage. 7. The customer agrees to send AMS directions to the event as well as setup and take down times 7 days prior to the event to assure an on time delivery. 8. The customer is responsible for the actions of anyone attending the event, and agrees to provide reasonable security to protect the equipment and staff of AMS, 9. The customer understands and agrees to pay any additional fees such as optional labor or charges set forth in schedule B and C net 30 days of setup in date. 10, The customer agrees not to exceed the stage roofs uniform distributed load weight limits as follows: Unless a rigging plot is provided and approved by AMS 14 days prior to delivery date. 16X16'X3' American Mobile pane, (250 pounds on a Uniform Distibuled Load basis ) 16%16x3' American Mobile Mi: ge (350 pounds ona Uniorm Distibuted Load basis ) (500 pounds on a Uniform Distributed Load basis.) 24x16x4' tn ngkaig od 28x14%3' Century Stage (250 pounds on a Uniform Distributed Load basis ) 32%14%3' WengerStage 250 pounds on a Unilorm Disttibuled Load basis.) SL 100 24'x20'x5' Stageline Stage 750 pounds on a Uniform Distubuted Load basis.) 32x20%4' Superstage Stage 1000 pounds on a Unilorm Distributed Load basis ) 32K24'x4' Suporstage Stage (1000 pounds on a Unilorm Distribuled Load basis SL-250 Stagoline New Generation — (2000 pounds on a Uniform Distributed Load basis 40x24' Century Front Row Stage {2000 pounds on a Unifarm Distributed Lond basis ) 40x28' Century Front Row Stage 3 pounds on a Uniform Distributed Load banis ) 44%30' Supersiage 2009 pounds on a Uniform Distributed Load basis ) 11, The customer understands and agrees that any labor provided by Customer (whether paid labor or volunteered on behalf of Customer) shall not be entitled to any benefits afforded employees of AMS, including, but not limited to workers’ compensation benefits health Insurance or payment for services provided. Customer further understands and agrees that it Is their solely responsible for complying with all state and local laws as it applies to providing labor to a third party. At no time is anyone working or performing on the stage considered an employee AMS unless they are compensated directly by AMS. B2Sheneoxus- 12. AMS shall be allowed additional compensation in the event the customer fails in their obligations set forth at length under the amendments section of this contract. as it pertains to costs incurred by AMS to complete their obligations under this contract. 13. Any banners, backdrops, advertisements or decorations etc, of any kind that are provided by the customer whether attached to the stage by the Customer or AMS shall be the sole responsibility and liability of the customer as it pertains to loss, damage and injury of any kind. All supplies to hang, adhere or attach banners, backdrops, advertisements or decorations etc. shall be provided by the customer. Any help given for such services provided by AMS is merely a courtesy and not part or required by this contract. 14, It is understood by all parties involved that AMS. onsite call time is based on a 4 hour set up and a 4 hour take down time limit. If AMS exceed time limits do to changes implemented on the site and or are delayed by customer's other sub contractors or other reasons beyond our control. Customer agrees to pay $30.00 per hour per person that was delayed past 4 hour(s). The cost of the time will be included on the Invoice as additional labor charges. No additional charges will be occurred if the delay is caused by weather or AMS. Western DuPage ©) sirens on bendiPaR De? of Commerce ae 306 Main St. West Chicago, IL 60185 omer, ===== PDF PAGE 72 ===== [Extraction: OCR (rendered-page OCR)] Nicolette Stefan Ln From: David Sabathne Sent: Thursday, September 17, 2020 11:36 AM To: Lori Chassee; Ruben Pineda; Nicolette Stefan; Michael Guttman Subject: Cost Detail West Chicago Railroad Days Attachments: Cost Detail.pdf Attached you will find the cost detail report that was requested by the Public Affairs Committee. On behalf of the Board of Directors and staff of the Western DuPage Chamber of Commerce, thank you for your patience and consideration. A printed copy has been mailed to the City of West Chicago as well. After you have had time to meet and discuss this report, please let me know next steps. Please feel free to call or email if we can be of further service and, be well. Respectfully, David WESTERN DUPAGE C AM EER OF COMMERCE Pe | es.) 7S a ee: _ SABATHNE’ PRESIDEN T< CEO AGE IOM | PROUDLY SERVING WARRENVILLE & WEST CHICAGO | 306 MAIN ST, WEST CHICAGO IL 60185 peers 5 PHONE: 630; 231-3003 FAX: 630-231-3009 Chamber of Commarea oN ons WESTERNDUPAGECHAMBERCOM Western DuPage BTONESTOR OPERATOR® WORKFORCE DEVELOPM ENTE: ===== PDF PAGE 73 ===== [Extraction: OCR (rendered-page OCR)] 2020 West Chicago Railroad Days ‘Western DuPage Chamber of Commerce COST OF SERVICE REPORT Introduction: The Western DuPage Chamber of Commerce begins planning West Chicago Railroad Days na later than November Ist the year before schedueled event; November 2019 for July 2020 event. This is done for a number of reasons 1) sponsorship funding is reduced each year and therefore any area that may provide cost reductions is reviewed and negotiations begin. 2) Performers begin putting out feelers and begin to decide on their desired schedule, 3) booking entertainment begins in early January; penciled in bands are then inked for the year. Finally, since the City and Chamber have the option of cancelling the contract on or before December 31st, no contracts can be signed by the chamber until January 1st. Internal (Chamber) Cost Detail The following reflects the costs as outlined in the cost report given to the City of West Chicago in August. As requested by the Public Affairs Committee, greater detail has been added. These are best estimates based on a comprehensive review of scheduled appointments, documents, emails, contracts and such. As previously reported to the Committee, the chamber does not have a cost accounting protocall and therefore, like most organization, many taskes take place each day and often are unrelated except that they impact services and obligations that the chamber performs. STAFF DESCRIPTION HOURS RATE TOTAL Generators required to operate in Pioneer Park, location per contract with City of West Chicago. This included on-site meeting with their manager and consideration of various layouts of stage, trailers, vendors, beer garden and other amenities requiring electricity as well as compliance with City codes. In order to consider alternate and less expensive power options, a preliminary load needed to be determined by calling all previous vendors to ascertain interest in returning to the event and if so, the maximum amperage load of each piece of equipment. Phone call with Scott from GenPower: review 2019 bill detail, discuss cost reduction strategy 2 55.00 110.00 Meeting with Scott with GenPower on-site 1 55.00 55.00 Contact prior vendors (15) to get power requirements 6 55.00 330.00 Layout multipal plans that would reduce distance between high energy users and generators to reduce costs. 3 55.00 165.00 Review plans with Scott with GenPower for least costly layout 1.5 55.00 82.50 Received and reviewed proposal, signed and submitted agreement 1 55.00 55,00 ===== PDF PAGE 74 ===== [Extraction: OCR (rendered-page OCR)] Entertainment is not only a required component of the event, but it is the favorite feature offered throughout the four-day festival. There is no entry fee to attend Railroad Days and free concerts are a big draw. Fred Brennon is contracted by the chamber to seek out performers that offer a blend of music styles and genres. All acts are proposed to the chamber to review, often by attending a performance that is open to the public; three acts were auditioned in person for the 2020 lineup. All others were reviewed by all staff by way of press kits, referrals, YouTube videos, Facebook, and other social media sources to ensure that each performer was appropriate in content and delivery. When approved, Mr. Brennon would present a contract for review, assist in negotiations and secure contract for performance. Researched stage options for smaller and/or assembled (vs trailored one- piecestage) Attended performance of Band: Wild Daisey's Attended performance of Band: In the Stix Attended performance of Band: Modern Day Romeos Screened five bands proposed: Press kits, CD and Youtube Reviewed pricing (and requirements) for five proposed band Requested additional entertainment options; pricing higher in first round and need to get down a bit. Followup on The Chicago Experience (Dan Rakow referral) Reviewed Chicago Experience and Chicago Latin Groove...minor changes requested by chamber. Contracts approved for Chicago Experince & Latin Groove: Need W-9s Reviewed OMT proposal: okay to hire request contract from Fred Review Band Stage requirements send to Sound Tech Contract from Fred: need W-9 follow up OMT Request pricing for Back-line Assembled stage will not work, need price American Moble Stage. Go smaller than 2019 to reduce cost must have 24' width w/wings Need press kits for all bands for virtual and print materials Audition local Latin Band: referred by friend of chamber BookedTamborazo El Profeta - El Pavido Navido Call all past submittals (priority bands) that were unable to sign. Sammy and the Knights were cancelled while on-site in 2019 but waived fee...re-sign them. Confirmed pricing and schedule for Sammy and the Knights. Complete additional fill-in bands. No back-line or extras needed No BK HP HW PR PPNRP PE Pp WwW RP 10 55,00 55.00 55.00 55,00 55,00 55.00 55.00 55.00 55,00 55.00 55.00 55.00 55.00 55.00 55.00 55.00 55.00 20.00 20.00 55.00 55.00 165.00 220.00 220.00 220.00 440.00 110.00 55.00 55.00 55.00 55.00 55.00 110.00 55.00 55.00 55.00 165.00 220,00 20.00 200.00 55.00 275.00 ===== PDF PAGE 75 ===== [Extraction: OCR (rendered-page OCR)] Also, a required offering for the festival, the carnival is very popular and is the major source for revenue to support the event; $25,000 - $38,000 in recent years. One challenge is that weather can have an impact on the participation and particularly on days/times when a single price (wristband) is offered. In 2020, a single price for each day was negotiated for Every day, All Day . This was expected to both increase participation and revenue. Meet with Tom and inquire about "spectacular" level ride: | think it would draw well this year with single pricing Discuss assist with fencing up/down: area keeps growing and without Sheriff help, very hard to complete. 3000 feet of snow fencing Verify insurance: get CO! and updated W-9 Schedule (verify) background check status Coordinate Sanitation, fuel and Ice Delivery Local hiring: COVID employment challenge work out schedule 1-week prior (Bartlett) may continue to Plainfield. WorkNet DuPage as backup City and other tasks: Complete Special Event Application: Building permit, utility and dumpster schedule, naritive of event, safety plan w/CDC guidelines, insurance COI, all in-kind servie request, layout (revised) schedules, Hours and close of sales (1/2 hour T,F&S, 45-min Sun). Sanitation: brown water tank and extra cleaning. Ice delivery agreement and delivery schedule Stage delivery schedule...send layout Generator Schedule: make sure PD trailer is positioned before noon Tuesday...needs direct connect 30+ amp. Volunteer schedule: CAP, Beer Garden, SWAP, community and Chamber Board...see community list for updates from 2019. Contact Jenny. Verify sponsor on-site presence: booth/electric/days Larger tent for CERT Food ticket price at $7.50 per redeemed. Police, staff, volunteers, bands (when necessary) and other assist...CERT, Fire...ETC. Chamber expense. Verify signage and prepare order w/graphics: City, Alcohol, Hours, Parking, ADA, Firearms, Directional, marketing. BASSET Training for staff update Liquor license: State and City ($425) Complete Tax documents for liquor sales: no organization exempt any longer Sanitize tokens, additional order to maintain rotation in beer garden 1000? Attend Public Affairs Committee Meeting 10 FRR oO ray 55.00 55.00 55.00 20.00 55.00 20,00 20,00 55.00 18.00 20.00 18.00 55.00 20,00 55.00 550.00 440,00 55,00 20.00 55.00 40.00 60.00 55.00 36.00 120.00 36.00 55.00 40.00 55.00 ===== PDF PAGE 76 ===== [Extraction: OCR (rendered-page OCR)] Attend Public Affairs Committee Meeting Verify construction schedule: Schools and City Public Works for any interuptions or closings. Add Pioneer School as Emergency shelter: consider guidelines and may have to provide waiver and insurance; check back in May. Review State guidelines against City contract to see if we can midify pahe 4 and still comply with contract terms. Budget preperation for BOD Staff meetings for RR Days 1-2 hours per week to review task list, challenges, completions, budget implications ETC from November through March. Intermittant phone/virtual meetings through April 21x 1,5 = 31.5 hours per staff member 5 x 1/2 = 2.5 hrs per staff member total 34 hours per staff member. Staff Staff Staff Quality entertainment required quality sound equipment, stage, and lighting to enhance the overall experience for the audience. In keeping with the goal of working with a smaller budget while maintaining a superior experience for those attending these too were negotiated for 2020. The stage size was reduced, and the sound provider was also worked with to reduce the costs where possible. Meet with Richard Peck, review equipment downgrade options and price reduction. Thursday to provide own back-line to reduce 1-day tech cost. Load-in schedule to be worked out; Thursday AM for direct line install The 2020 West Chicago Railroad Days web feature was fully developed to include all the entertainment lineup, vendor applications, bus schedule and location (considering construction), new carnival pricing and schedules. While this may seem easy, it is anything but. Whenever a change is made to the lineup, additional video clips or sponsors are added, changes must be made. In 2020 it was important to make the website mobile device friendly as it is estimated that 80% of visitors will use a mobile device for directions and to review activities. Radio and TV commercials were in production as well as the printed marketing materials i.e. fliers, posters, and City of West Chicago newsletter copy. Update software for festival website to accommodate improved mobil app content display: Modify all materials to reflect the one-price-all-day format and create a exclusive flier to push out message; FB, email, maybe insert to City newsletter. 34 34 34 4 24 6 55.00 55.00 55.00 55,00 55.00 55.00 20.00 18.00 55.00 20,00 20.00 20.00 55.00 55,00 55,00 220.00 220,00 1,870.00 680,00 612.00 220.00 480.00 60.00 120.00 ===== PDF PAGE 77 ===== [Extraction: OCR (rendered-page OCR)] Additional staff time fielding calls, reviewing CO! forwarded by vendor insurance companies, parade,entertainment and vendor inquiries and modifying reports, budgets to reflect small changes 20 19.00 380.00 er Total of best estimate staff hours, activities and costs $ 9,921.50 HARD COST - Nonrefundable Deposits American Mobile Staging: $1925 The Brennon Agency: $1,000 *it should be noted that all talent contracts were completed and therefore the full $2,000 fee should have been paid; 50% was negotiated for the benefit of the City of West Chicago by the Chamber. $2,925.00 Payment receipts were provided to the City of West Chicago ===== PDF PAGE 78 ===== [Extraction: OCR (rendered-page OCR)] Exhibit A Funding Agreement for Railroad Days for 2017 through 2021 THIS AGREEMENT is made and entered into on the 6th day of February 2017, by and between the Western DuPage Chamber of Commerce (hereinafter referred to as “Chamber”) and City of West Chicago, (hereinafter referred to as “City”), li In consideration of the covenants and agreements hereinafter contained, as well as other good and valuable considerations, the Chamber and the City hereby agree that the Chamber is an independent entity with respect to the City and agrees to perform all services to create, plan, develop and execute the Railroad Days Festival (hereinafter referred to as “Festival”) scheduled as follows: 2017: July 6-9 2018: July 12-15 2019; June 8 (parade only) and July 11 - 14 2020; July 9-12 2021: July 8-11 at Pioneer Park, 479 W. Forest Avenue, or another mutually agreeable location, and that the City will provide a designated amount of financial support for such Festival. The Festival will include a four-day carnival, and may include the following: musical acts, a fireworks display, a beer garden, and a parade, with the necessary infrastructure and marketing to support such. The City will provide the following amounts for Festival components: 2017: $ 60,000 2018: $ 50,000 2019: $ 40,000 2020: $ 30,000 2021: $25,000 The City shall be responsible for no additional cash contributions beyond that which is stated herein. The Chamber may, at its sole discretion and as detailed in its Special Event Assessment Form (described below) schedule additional entertainment and/or attractions and use the City-funded infrastructure, so long as any additional, non- negligible costs associated with such are funded from private sources, such as sponsorships or donations. The Chamber has no authority or power to incur debts, obligations or commitments of any kind whatsoever for or on behalf of the City or to bind the City to any contract, agreement or employment agreement. In consideration for funding received by the Chamber from the City as primary financial contributor, the City’s expectations associated with the Festival are more fully described in the addendum that is attached hereto and made apart hereof as Exhibit “B” ===== PDF PAGE 79 ===== [Extraction: OCR (rendered-page OCR)] The services which the Chamber will perform include, but are not limited to, planning, organizing and supervising the Festival, making arrangement for the Festival site, negotiation of contracts with responsible independent contractors or vendors, applying for all permits and licenses, and complying with all insurance requirements. One supervisor of the Chamber shall attend and supervise the entire Festival. The Chamber agrees to pay or have paid all contractual obligations associated with the Festival, to coordinate and certify required Bassett training, and to obtain such through the City if such is available at the time training is scheduled, for all volunteers working with the beer tent, and to obtain all required licenses and deposits; copies of all invoices, receipts and checks to vendors shall be provided prior to the City making the payment as detailed in Section 4(A)(4) below. At all times, the Chamber will comply with all City Codes and Ordinances and Special Event Policy that are in effect. However, should a higher level of government mandate any new laws that the City is required to enforce and should the City Council approve a new law that does not specifically deal with festivals but rather improves and addresses the health, safety and welfare of West Chicago residents and its visitors, then the Chamber shall be obligated to comply. The Chamber shall not open any portion of the Festival until the respective permits are obtained and approvals are granted and all insurance requirements are satisfied. The City’s responsibilities stated below are limited to the following: A. Providing financial support as detailed above for 2017 through 2021 paid in installments, to be used to help cover the cost of activities and the Chamber’s role in producing the Festival for community-wide benefit. Funds will be released so long as the submittal requirements have been met as per Sections 6 and 7 of this Agreement. 1; The City agrees to pay the Chamber (or its designee, as specified in writing) 50% by the end of the week following the second City Council meeting in February as seed money for contractual obligations directly related to the Festival. 2 The City agrees to pay the Chamber (or its designee, as specified in writing) 25% for contractual obligations directly related to the Festival by the end of the week following the first City Council meeting in May. 3. The City agrees to pay the Chamber (or its designee as specified in writing) 10% for contractual obligations directly related to the Festival by the end of the week following the second City Council meeting in June. 4. The City agrees to pay the Chamber (or its designee, as specified in writing) the final 15% in consideration of all contractual requirements being met, and after the Chamber has provided to the City copies of all invoices, receipts and checks to vendors for expense receipts no less than the amounts designated for each year ===== PDF PAGE 80 ===== [Extraction: OCR (rendered-page OCR)] in Section 2 above, together with its final written report including a summary financial report following the format and level of detail of Exhibit “C” attached hereto, has had all final paperwork accepted by the Public Affairs Committee, and has made its final appearance at the first available Public Affairs Committee meeting after the Festival. Should any submittal deadline not be met and/or should the information submitted be deemed incomplete, the City will withhold payment until the submittal is satisfactory. The Chamber will be paid within thirty (30) days of the City receiving a complete and satisfactory submittal. No additional funds shall be provided to the Chamber beyond those specifically detailed in this Agreement, except that the City of West Chicago shall maintain a membership with the Chamber at the Platinum level for the years 2017 through 2021. B. Providing the following in-kind services with approval of the City Administrator: 1, 2. a nd The Public Works Department will provide barricades and ensure water hook-up. The Police Department will provide security during hours of operation of the Festival and for one hour before and after the approved hours of operation. The Community Development Department will provide inspectors for inspection of all carnival type rides and vendors and for inspection of the general layout of site. The City will waive associated application and permit fees. The City will work with Groot Industries to provide a garbage dumpster. The City will provide traffic management on all public streets. The City will provide rolling street closures associated with the parade, if a parade is held. The Chamber shall be responsible for turf restoration to the satisfaction of the Park District, or other owner, as applicable for a different Festival location. The City shall no longer be responsible for turf restoration after the Festival. The Chamber has no stated management fee, but reserves the right to plan and manage the event and enjoy the exclusive benefit of any profit resulting from such. The Chamber shall communicate progress and compliance with the terms of this Agreement at the request of the City. The final post-Festival report shall include a recap of the Festival and detail the successes and challenges, and accounting of ===== PDF PAGE 81 ===== [Extraction: OCR (rendered-page OCR)] 10. expenses of not less than the amounts designated for each year in Section 2 above related to the Festival accompanied by copies of invoices, receipts and checks to vendors. The Chamber shall comply with the following submittal deadlines and all other submittal dates as indicated on the Special Event Permit Application. e March 31° — Submit Special Event Permit Application (including, if applicable, map of parade route, location and times of street closures), Fireworks Application, Carnival Application and associated documentation, if applicable, including Certificates of Insurance from the Western DuPage Chamber of Commerce and those specific to the Fireworks and Carnival. ¢ April 15" — Attend an Application Review meeting to be scheduled by the City, and at least one (1) coordination meeting per month (approximately May 1, June 1, and July 1) in preparation for the event. ° May 15" — Submit marketing insert in English and Spanish for City newsletter. e June 30" - Submit written confirmation of scheduled inspections from Community Development Department, West Chicago Fire Protection District and the DuPage County Health Department. Written confirmation shall be provided that all carnival workers have had their required background checks by this date. If there is a beer tent, written confirmation shall be provided that indicates that Bassett training, through the City if such is available, and ticket seller training occurred by this date. ¢ June 30" - Secure the site and obtain all required approvals for a compliant fireworks display, if applicable. If either party elects to cancel this agreement, than such shall be done via written notification to the other party by December 31 of the year preceding the next scheduled Railroad Days event. If either party elects to enforce the provisions of this contract in a court of law, the venue shall be in the Circuit Court of DuPage County. The successful party in any action to enforce the terms of this Agreement is entitled to reimbursement for its reasonable costs and attorney’s fees. The Chamber agrees to maintain, at its expense, workers’ compensation insurance, and to fully protect its employees from any and all claims filed under the Workers’ Compensation or similar statutes of this State. Such insurance shall be maintained in those amounts required by statute. The Chamber agrees to maintain, at its own expense, general liability insurance in amounts not less than $5,000,000 aggregate and shall name the City, the West Chicago Park District, the West Chicago Fire Protection District, and their respective officials, agents, employees and volunteers all as additional insureds under the policy. The ===== PDF PAGE 82 ===== [Extraction: OCR (rendered-page OCR)] Chamber’s insurance coverage shall be primary as respects the City, the West Chicago Park District, the West Chicago Fire Protection District, and their respective officials, agents, employees and volunteers. Any insurance or self- insurance maintained by the City, the West Chicago Park District, the West Chicago Fire Protection District, and their respective officials, employees, agents and volunteers shall be excess of the Chamber’s insurance and shall not contribute with it. The Chamber shall ensure that the City receives original certificates of insurance and endorsements evidencing the existence of such coverage by the end of March each year, which shall be continued during any periods in which this Agreement is in force. The Chamber hereby agrees to indemnify and hold harmless the City of West Chicago and the West Chicago Park District and their directors, officers, agents and employees from and against any and all claims, demands, actions, causes of action and other liabilities and expenses, including but not limited to attorney’s fees, arising out of or in connection with the Festival, including but not limited to any such claims that may be asserted by any employees of the Chamber, any contractor, vendor or other service provider for the Festival. This indemnification provision shall survive the term of this agreement or any cancellation or abandonment of the terms and conditions contemplated herein. The Chamber is responsible for obtaining, verifying and retaining all vendor and participant Certificates of Insurance and Waivers. The Chamber hereby agrees that any and all work conducted at the Festival site shall be performed in accordance with all applicable laws of the City to provide a safe working environment for the Festival workers, volunteers and general public. Furthermore, the Chamber agrees to secure by means of contract/agreement with vendors for fireworks and carnival to provide additional insurance coverage as primary as respects the City, West Chicago Park District and the West Chicago Fire Protection District and their respective officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, the West Chicago Park District, and the West Chicago Fire Protection District and their respective officials, employees, agents and volunteers shall be excess of the vendor’s insurance and shall not contribute with it. The Chamber is responsible for ensuring that all insurance requirements are met. The Chamber hereby grants the City permission to talk directly with its insurance company to ensure that the Certificate of Insurance and the Endorsements comply with the terms of this Agreement and the City Code. The Chamber shall also secure the written authorization of the companies conducting the Fireworks and the Carnival to allow the City permission to talk directly with their respective insurance companies to ensure that the Certificate of Insurance and the Endorsements comply with the terms of this Agreement and the City Code. ===== PDF PAGE 83 ===== [Extraction: OCR (rendered-page OCR)] 11. Neither this agreement nor any interest herein, or claim hereunder, shall be assigned or transferred by either the City or the Chamber. CITY OF WEST CHICAGO WESTERN DUPAGE CHAMBER OF COMMERCE By: By: Ruben Pineda Mayor Name: Title: Date: Date: Attest: Attest: By: By: Nancy M. Smith Name: Title: City Clerk ===== PDF PAGE 84 ===== [Extraction: OCR (rendered-page OCR)] RAILROAD DAYS FUNDING AGREEMENT 2017 THROUGH 2021 ADDENDUM NO. 1 THIS Addendum to the Funding Agreement for Railroad Days for 2017 through 2021, is made and entered into as of the date the last undersigned Party executes the Addendum (“Effective Date”), by and between the Western DuPage Chamber of Commerce (hereinafter referred to as “Chamber”) and City of West Chicago, (hereinafter referred to as “City”), and collectively referred to as the Parties. RECITALS WHEREAS, the City is an Illinois home rule municipality duly organized, existing and created under the laws of the State of Illinois, having the rights, powers and authority set forth in the Illinois Municipal Code, 65 ILCS 5/1 et seg., and other statutes of the State of Illinois; and WHEREAS, the Chamber is an Illinois not for profit corporation; and WHEREAS, in February, 2017, the Parties entered into an Agreement whereby the Chamber would be responsible for the conduct of the Annual Railroad Days Festival, (hereinafter referred to as Railroad Days Festival), for the calendar years 2017 through 2021; and WHEREAS, the City therein agreed to provide certain funding for the Railroad Days Festival, as more fully set forth in the Funding Agreement for Railroad Days for 2017 through 2021, a copy of which is attached hereto and incorporated herein by reference as Exhibit “A”; and WHEREAS, as a result of the 2020 COVID-19 Pandemic and the restrictions imposed on public gatherings by the Center for Disease Control (“CDC”), the Illinois Department of Public Health (“IDPH”) and the General Orders of Illinois Governor Pritzker and the Guidance set forth therein, the 2020 Annual Railroad Days was cancelled; and WHEREAS, based upon the evolution of conditions related to the COVID-19 Pandemic, the Parties have determined that it is in their respective best interest to address the potential limitations which may be imposed upon such events in the future, including the 2021 Railroad Days Festival; and WHEREAS, the Parties deem it in their respective best interests to impose conditions which will allow the Railroad Days Festival to proceed, provided there are no health conditions or restrictions which would otherwise prevent the conduct of the Festival; and ===== PDF PAGE 85 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the Parties have agreed to enter into an Addendum to the Funding Agreement for Railroad Days for 2017 through 2021, to address these emerging concerns and to protect the public funds utilized as part of the City’s financial undertaking in connection with Railroad Days; and WHEREAS, the Parties have agreed to memorialize their respective understanding in the instant Addendum. NOW THEREFORE, in consideration of the premises, mutual covenants and promises set forth in this Addendum, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The statements, representations, covenants and recitations set forth in the foregoing recitals are integral and material to this Addendum and are incorporated into and made a part of this Addendum as though they were fully set forth in this Section 1. The Exhibits referred to in this Addendum and attached to or incorporated into it by reference are incorporated by reference into and made a part of this Addendum as though they were fully set forth in this Section 1. 2. RESPONSIBILITIES OF THE CHAMBER. In connection with the 2021 Railroad Days Festival, the Chamber shall comply with all Executive Orders of the Office of the Governor of the State of Illinois and to conduct the Railroad Days Festival in accordance with all Centers for Disease Control (CDC) and Illinois Department of Public Health (IDPH) Guidelines and restrictions. The Chamber shall, in all of its contractual and other arrangements for the Railroad Days Festival, ensure that any and all required deposits relating thereto are fully refundable in the event of a health-related condition requires the rescheduling or cancellation of the Railroad Days Festival. Further, any and all contractual undertakings for the Railroad Days Event shall include a provision, in addition to any force majeure clause, which excuses performance of the Chamber in the event of a public health situation, and further provides that there shall not be any cost related to the rescheduling or cancellation of the Railroad Days Festival to the Chamber as a result thereof. The Chamber shall monitor any and all CDC regulations and Guidelines, IDPH regulations and Guidelines and Executive Orders of the Governor relative to public gatherings and any such restrictions that may impact the 2021 Railroad Days Festival. The Chamber shall provide periodic status updates to the City relative to the impact of any such restrictions or regulations promulgated by any governmental authority or agency. ===== PDF PAGE 86 ===== [Extraction: OCR (rendered-page OCR)] The Chamber shall undertake all measures necessary to mitigate any and all financial implications relating to the Railroad Days Festival, including any required infrastructure, labor, entertainment, food and beverage, security service and other related costs and services in the event the Railroad Days Festival is required to be rescheduled or cancelled as a result of any action by the government, as set forth more fully herein. In no event shall the City be financially responsible for any costs or expenses as a result of the rescheduling or cancellation of the Railroad Days Festival resulting from public gathering restrictions as set forth above. 3. COMPLIANCE WITH LAWS, MUNICIPAL ORDINANCES, PERMITS, POLICIES, RULES AND REGULATIONS. The City and the Chamber agree they shall comply at all times with all State and Federal laws, municipal ordinances, codes, permits, policies, rules, regulations, Executive Orders of the Office of the Governor, IDPH restrictions and Guidelines and CDC restrictions and Guidelines applicable to the Railroad Days Festival. The City and the Chamber shall also require all sponsors, concessionaires, artists, volunteers, and contractors involved in the planning, administration, or participation in the Railroad Days Festival to agree to comply with all such laws, ordinances, codes, permits, policies, rules and regulations. 4. DURATION. This Addendum shall be in effect from the date the last of the undersigned Parties signs it and shall remain in full force and effect through the conclusion of the Funding Agreement for Railroad Days for 2017 through 2021, the 2021 Annual Railroad Days Festival. 5. ASSIGNMENT. No Party may assign or subcontract its rights or obligations under this Addendum, either in whole or in part, without the prior written consent of the other Party, which shall not be unreasonably withheld or delayed. Furthermore, no assignment, even if consented to, shall in any way reduce or eliminate the liability of the assignee for obligations accrued prior to such assignment. 6. TERMS AND CONDITIONS INCORPORATED. All terms and conditions set forth in the Funding Agreement for Railroad Days for 2017 through 2021, which is attached hereto as Exhibit “A”, to the extent not otherwise altered by this Addendum, shall remain in full force and effect. To the extent there is a discrepancy between said Funding Agreement and this Addendum, the terms of the Addendum are controlling. 7. ENTIRE ADDENDUM. This Addendum constitutes the entire agreement between the Parties relating to the subject matter of this Addendum and supersedes all prior understandings, agreements, discussions, or representations, whether written or oral, with respect to such subject matter. This Addendum cannot be varied, modified, waived, or amended except in writing and executed by both Parties to this Addendum. Each Party to this Addendum acknowledges that it 3 ===== PDF PAGE 87 ===== [Extraction: OCR (rendered-page OCR)] has not executed it in reliance on any promise, representation, inducement, or warranty that is not contained herein. 8. MODIFICATIONS TO ADDENDUM. Modifications and amendments to this Addendum, including any exhibits hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both Parties. Any such modification shall be deemed, together with the Addendum to be one Agreement. 9. WAIVER. No term or provision of this Addendum shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. A waiver by either of the Parties of any of the covenants, conditions or agreements to be performed by the other hereunder shall not be construed to be a waiver of any succeeding breach thereof. 10. GOVERNING LAW. This Addendum shall be governed by and subject to the laws and exclusive jurisdiction of the courts of the State of Illinois, County of DuPage. 11. NOTICES. Any notice which is required or permitted under this Addendum shall be in writing and deemed given when actually delivered, if delivered by private messenger service, hand delivery; overnight couriers; email transmission, with an acknowledgment of receipt; or facsimile transmission; or three (3) days following deposit in the United States Mail, postage prepaid by certified or registered mail, return receipt requested, provided any delivery method from the list above used must include a record of actual delivery to the specified address or facsimile number, and the notice must be addressed to the Party to which notice is directed at its address as set forth below, or to such other address as may be specified from time to time by either Party in writing: If to the City: City of West Chicago Attn: Michael Guttman, City Administrator 475 Main Street West Chicago, IL 60185 If to the Chamber: Western DuPage Chamber of Commerce Attn: David J. Sabathne 306 Main Street West Chicago, IL 60185 12. SEVERABILITY. If any provision of this Addendum will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Addendum is invalid or unenforceable, but that by limiting such provision it would become valid ===== PDF PAGE 88 ===== [Extraction: OCR (rendered-page OCR)] and enforceable, then such provision will be deemed to be written, construed and enforced as so limited. 13. HEADINGS NOT CONTROLLING. The headings in this Addendum are for reference purposes only and shall not be construed as a part of this Addendum. 14. FORCE MAJEURE. No Party shall be responsible for any failure to comply with, or for any delay in the performance of, the terms of this Addendum where such failure or delay is caused by, or in any manner arises or results from, a cause beyond the reasonable control of the affected Party. These events shall include, but not be restricted to, power outage, fire, flood, earthquake, serious accident, civil disturbance, war, rationing, allocation or embargo, strikes or labor problems or failures in public networks, inability to secure necessary materials, acts of God, any government restrictions imposed upon public gatherings, Executive Orders of the Governor, CDC restrictions and Guidelines, IDPH restrictions and Guidelines or acts of any government or any agency or branch thereof. The Party claiming a force majeure must notify the other Party in writing of the force majeure event within seven (7) days of the occurrence. 15. CAPACITY AND AUTHORITY. The Parties warrant and represent to each other that each is duly organized, and validly and presently existing in good standing under the laws of the State of Illinois, and each has authority to enter into this Addendum and perform its obligations hereunder. 16. VOLUNTARY UNDERTAKING; LEGAL REPRESENTATION. The Parties acknowledge that this Addendum is executed voluntarily by each of them, without duress or undue influence on the part of, or on behalf of, either of them. The Parties further acknowledge that they have, or have had the opportunity for, legal representation in the negotiation of, and in the performance of, this Addendum by counsel of their choosing, and that they have read this Addendum, have had it fully explained to them by their respective counsel, and that they are fully aware of, and understand the contents of, and the consequences and effect of, this Addendum. 17. RELATIONSHIP. Nothing contained in this Addendum will be deemed to alter or modify the relationship between the Parties as it existed prior to the Effective Date of this Addendum, or to cause any Party to be responsible in any way for the actions, liabilities, debts, or obligations of the other Party in any manner other than as set forth explicitly in this Addendum. 18. SIGNATORIES. The individuals whose signatures are affixed to this Addendum in a representative capacity represent and warrant that they are authorized to execute the Addendum on behalf of and to bind the entity on whose behalf his or her signature is affixed. ===== PDF PAGE 89 ===== [Extraction: OCR (rendered-page OCR)] 19. COUNTERPARTS. This Addendum may be signed by the Parties in counterparts, both of which when taken together shall be deemed an original Addendum. 20. FACSIMILE SIGNATURES. This Agreement shall be binding on the Parties through facsimile signatures. IN WITNESS WHEREOF, the Parties have caused this instrument to be executed under the seals of their undersigned representatives with binding authority, as of the Effective Date: CITY OF WEST CHICAGO WESTERN DUPAGE CHAMBER OF COMMERCE Dated Dated By: By: Ruben Pineda, Mayor David J. Sabathne, President ATTEST ATTEST F:\PKB\West Chicago\2020 Railroad Days Amendment\Addendum to Railroad Days Funding 2017-2021.docx ===== PDF PAGE 90 ===== [Extraction: OCR (rendered-page OCR)] RAILROAD DAYS FUNDING AGREEMENT 2017 THROUGH 2021 ADDENDUM NO. 1 THIS Addendum to the Funding Agreement for Railroad Days for 2017 through 2021, is made and entered into as of the date the last undersigned Party executes the Addendum (“Effective Date”), by and between the Western DuPage Chamber of Commerce (hereinafter referred to as “Chamber”) and City of West Chicago, (hereinafter referred to as “City”), and collectively referred to as the Parties. RECITALS WHEREAS, the City is an Illinois home rule municipality duly organized, existing and created under the laws of the State of Illinois, having the rights, powers and authority set forth in the Illinois Municipal Code, 65 ILCS 5/1 et seq., and other statutes of the State of Illinois; and WHEREAS, the Chamber is an Illinois not for profit corporation; and WHEREAS, in February, 2017, the Parties entered into an Agreement whereby the Chamber would be responsible for the conduct of the Annual Railroad Days Festival, (hereinafter referred to as Railroad Days Festival), for the calendar years 2017 through 2021; and WHEREAS, the City therein agreed to provide certain funding for the Railroad Days Festival, as more fully set forth in the Funding Agreement for Railroad Days for 2017 through 202], a copy of which is attached hereto and incorporated herein by reference as Exhibit “A”; and WHEREAS, as a result of the 2020 COVID-19 Pandemic and the restrictions imposed on public gatherings by the Center for Disease Control (“CDC”), the Illinois Department of Public Health (“IDPH”) and the General Orders of Illinois Governor Pritzker and the Guidance set forth therein, the 2020 Annual Railroad Days was cancelled; and WHEREAS, based upon the evolution of conditions related to the COVID-19 Pandemic, the Parties have determined that it is in their respective best interest to address the potential limitations which may be imposed upon such events in the future, including the 2021 Railroad Days Festival; and WHEREAS, the Parties deem it in their respective best interests to impose conditions which will allow the Railroad Days Festival to proceed, provided there are no health conditions or restrictions which would otherwise prevent the conduct of the Festival; and ===== PDF PAGE 91 ===== [Extraction: OCR (rendered-page OCR)] WHEREAS, the Parties have agreed to enter into an Addendum to the Funding Agreement for Railroad Days for 2017 through 2021, to address these emerging concerns and to protect the public funds utilized as part of the City’s financial undertaking in connection with Railroad Days; and WHEREAS, the Parties have agreed to memorialize their respective understanding in the instant Addendum. NOW THEREFORE, in consideration of the premises, mutual covenants and promises set forth in this Addendum, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The statements, representations, covenants and recitations set forth in the foregoing recitals are integral and material to this Addendum and are incorporated into and made a part of this Addendum as though they were fully set forth in this Section 1. The Exhibits referred to in this Addendum and attached to or incorporated into it by reference are incorporated by reference into and made a part of this Addendum as though they were fully set forth in this Section 1. 2. RESPONSIBILITIES OF THE CHAMBER. In connection with the 2021 Railroad Days Festival, the Chamber shall comply with all Executive Orders of the Office of the Governor of the State of Illinois and to conduct the Railroad Days Festival in accordance with all Centers for Disease Control (CDC) and Illinois Department of Public Health (IDPH) Guidelines and restrictions. The Chamber shall, in all of its contractual and other arrangements for the Railroad Days Festival, ensure that any and all required deposits relating thereto are fully refundable in the event of a health-related condition requires the rescheduling or cancellation of the Railroad Days Festival. Further, any and all contractual undertakings for the Railroad Days Event shall include a provision, in addition to any force majeure clause, which excuses performance of the Chamber in the event of a public health situation, and further provides that there shall not be any cost related to the rescheduling or cancellation of the Railroad Days Festival to the Chamber as a result thereof. The Chamber shall monitor any and all CDC regulations and Guidelines, IDPH regulations and Guidelines and Executive Orders of the Governor relative to public gatherings and any such restrictions that may impact the 2021 Railroad Days Festival. The Chamber shall provide periodic status updates to the City relative to the impact of any such restrictions or regulations promulgated by any governmental authority or agency. ===== PDF PAGE 92 ===== [Extraction: OCR (rendered-page OCR)] The Chamber shall undertake all measures necessary to mitigate any and all financial implications relating to the Railroad Days Festival, including any required infrastructure, labor, entertainment, food and beverage, security service and other related costs and services in the event the Railroad Days Festival is required to be rescheduled or cancelled as a result of any action by the government, as set forth more fully herein. In no event shall the City be financially responsible for any costs or expenses as a result of the rescheduling or cancellation of the Railroad Days Festival resulting from public gathering restrictions as set forth above. 3. COMPLIANCE WITH LAWS, MUNICIPAL ORDINANCES, PERMITS, POLICIES, RULES AND REGULATIONS. The City and the Chamber agree they shall comply at all times with all State and Federal laws, municipal ordinances, codes, permits, policies, rules, regulations, Executive Orders of the Office of the Governor, IDPH restrictions and Guidelines and CDC restrictions and Guidelines applicable to the Railroad Days Festival. The City and the Chamber shall also require all sponsors, concessionaires, artists, volunteers, and contractors involved in the planning, administration, or participation in the Railroad Days Festival to agree to comply with all such laws, ordinances, codes, permits, policies, rules and regulations. 4. | DURATION. This Addendum shall be in effect from the date the last of the undersigned Parties signs it and shall remain in full force and effect through the conclusion of the Funding Agreement for Railroad Days for 2017 through 2021, the 2021 Annual Railroad Days Festival. 5. ASSIGNMENT. No Party may assign or subcontract its rights or obligations under this Addendum, either in whole or in part, without the prior written consent of the other Party, which shall not be unreasonably withheld or delayed. Furthermore, no assignment, even if consented to, shall in any way reduce or eliminate the liability of the assignee for obligations accrued prior to such assignment. 6. TERMS AND CONDITIONS INCORPORATED. All terms and conditions set forth in the Funding Agreement for Railroad Days for 2017 through 2021, which is attached hereto as Exhibit “A”, to the extent not otherwise altered by this Addendum, shall remain in full force and effect. To the extent there is a discrepancy between said Funding Agreement and this Addendum, the terms of the Addendum are controlling. 7. ENTIRE ADDENDUM. This Addendum constitutes the entire agreement between the Parties relating to the subject matter of this Addendum and supersedes all prior understandings, agreements, discussions, or representations, whether written or oral, with respect to such subject matter. This Addendum cannot be varied, modified, waived, or amended except in writing and executed by both Parties to this Addendum. Each Party to this Addendum acknowledges that it 3 ===== PDF PAGE 93 ===== [Extraction: OCR (rendered-page OCR)] has not executed it in reliance on any promise, representation, inducement, or warranty that is not contained herein. 8. MODIFICATIONS TO ADDENDUM. Modifications and amendments to this Addendum, including any exhibits hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both Parties. Any such modification shall be deemed, together with the Addendum to be one Agreement. 9. WAIVER. No term or provision of this Addendum shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. A waiver by either of the Parties of any of the covenants, conditions or agreements to be performed by the other hereunder shall not be construed to be a waiver of any succeeding breach thereof. 10. GOVERNING LAW. This Addendum shall be governed by and subject to the laws and exclusive jurisdiction of the courts of the State of Illinois, County of DuPage. 11. NOTICES. Any notice which is required or permitted under this Addendum shall be in writing and deemed given when actually delivered, if delivered by private messenger service, hand delivery; overnight couriers; email transmission, with an acknowledgment of receipt; or facsimile transmission; or three (3) days following deposit in the United States Mail, postage prepaid by certified or registered mail, return receipt requested, provided any delivery method from the list above used must include a record of actual delivery to the specified address or facsimile number, and the notice must be addressed to the Party to which notice is directed at its address as set forth below, or to such other address as may be specified from time to time by either Party in writing: If to the City: City of West Chicago Attn: Michael Guttman, City Administrator 475 Main Street West Chicago, IL 60185 If to the Chamber: Western DuPage Chamber of Commerce Attn: David J. Sabathne 306 Main Street West Chicago, IL 60185 12. SEVERABILITY. If any provision of this Addendum will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Addendum is invalid or unenforceable, but that by limiting such provision it would become valid ===== PDF PAGE 94 ===== [Extraction: OCR (rendered-page OCR)] and enforceable, then such provision will be deemed to be written, construed and enforced as so limited. 13. HEADINGS NOT CONTROLLING. The headings in this Addendum are for reference purposes only and shall not be construed as a part of this Addendum. 14, FORCE MAJEURE. No Party shall be responsible for any failure to comply with, or for any delay in the performance of, the terms of this Addendum where such failure or delay is caused by, or in any manner arises or results from, a cause beyond the reasonable control of the affected Party. These events shall include, but not be restricted to, power outage, fire, flood, earthquake, serious accident, civil disturbance, war, rationing, allocation or embargo, strikes or labor problems or failures in public networks, inability to secure necessary materials, acts of God, any government restrictions imposed upon public gatherings, Executive Orders of the Governor, CDC restrictions and Guidelines, IDPH restrictions and Guidelines or acts of any government or any agency or branch thereof. The Party claiming a force majeure must notify the other Party in writing of the force majeure event within seven (7) days of the occurrence. 15. CAPACITY AND AUTHORITY. The Parties warrant and represent to each other that each is duly organized, and validly and presently existing in good standing under the laws of the State of Illinois, and each has authority to enter into this Addendum and perform its obligations hereunder. 16. VOLUNTARY UNDERTAKING; LEGAL REPRESENTATION. The Parties acknowledge that this Addendum is executed voluntarily by each of them, without duress or undue influence on the part of, or on behalf of, either of them. The Parties further acknowledge that they have, or have had the opportunity for, legal representation in the negotiation of, and in the performance of, this Addendum by counsel of their choosing, and that they have read this Addendum, have had it fully explained to them by their respective counsel, and that they are fully aware of, and understand the contents of, and the consequences and effect of, this Addendum. 17. RELATIONSHIP. Nothing contained in this Addendum will be deemed to alter or modify the relationship between the Parties as it existed prior to the Effective Date of this Addendum, or to cause any Party to be responsible in any way for the actions, liabilities, debts, or obligations of the other Party in any manner other than as set forth explicitly in this Addendum. 18. SIGNATORIES. The individuals whose signatures are affixed to this Addendum in a representative capacity represent and warrant that they are authorized to execute the Addendum on behalf of and to bind the entity on whose behalf his or her signature is affixed. ===== PDF PAGE 95 ===== [Extraction: OCR (rendered-page OCR)] 19. COUNTERPARTS. This Addendum may be signed by the Parties in counterparts, both of which when taken together shall be deemed an original Addendum. 20. FACSIMILE SIGNATURES. This Agreement shall be binding on the Parties through facsimile signatures. IN WITNESS WHEREORF, the Parties have caused this instrument to be executed under the seals of their undersigned representatives with binding authority, as of the Effective Date: CITY OF WEST CHICAGO WESTERN DUPAGE CHAMBER OF COMMERCE Dated Dated By: By: Ruben Pineda, Mayor David J. Sabathne, President ATTEST ATTEST F:\PKB\West Chicago\2020 Railroad Days Amendment\Addendum to Railroad Days Funding 2017-2021 .docx ===== PDF PAGE 96 ===== [Extraction: OCR (rendered-page OCR)] WEST CHICAGO POLICE DEPARTMENT MONTHLY REPORT OCTOBER 2020 Michael Uplegger, Chief of Police ===== PDF PAGE 97 ===== [Extraction: visually verified transcription of rendered page] Monthly Report TABLE OF CONTENTS Contents Organizational Chart 3 Department Overview 4 Personnel 5 Criminal Activities 7 Monthly Performance 11 Officer Activities 12 ===== PDF PAGE 98 ===== [Extraction: OCR (rendered-page OCR)] Organizational Chart Monthly Report West Chicago Police Department October 2020 Chief of Police (1) Administrative Assistant (1) Management Analyst (1) Deputy Chief (1) earn lene Operations Commander |, (1) Training Officer (1) Community Relations Officer (1) Evening Shift Sergeant (2) | Day Shift Sergeant | (2) PatrolOfficers PatrolOfficers (12) (10) Community Service Officer (1) Investigations Sergeant (1) | Administrative Sergeant (1) Detectives (6) SchoolResource Officer (2) Evidence Custodian (1) Social Worker (1) RecordsPersonnel Contractual (3) ===== PDF PAGE 99 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Department Overview The Mission of the West Chicagy Police Department is to Protect life and Liberty, Provide Quality Police Services, and Forge Community Partnerships with Integrity and Professionalism. There are three units in the Police Department: Office of the Chief of Police, Support Services Unit and Operations Unit. The Office of the Chief of Police’s primary responsibility is to provide general management direction and control for the Department. The Office of the Chief of Police consists of the Management Analyst, and the Administrative Assistant. The Support Services Unit consists of Vehicle and Building Maintenance, Records and Social Services. The Operations Unit consists of Uniformed Patrol, Training Officer, Community Relations, Investigations, School Resource Officers, Evidence/Property and Community Service Officers. ===== PDF PAGE 100 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Personnel On October 1, Officer Makofski retired after thirty years of service to the City. The Department wishes him well in his future endeavors. On October 24", Officer Nathan Hunt successfully completed the Field Training Program and is now certified for solo patrol duties. He has been assigned to a night shift. Effective October 25", Officer Ed Berg has been assigned to the position of Department Training Coordinator. On October 3", the West Chicago Police Department Explorers provided traffic control for the City’s pumpkin decorating contest and give away. ===== PDF PAGE 101 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Personnel During the month of October, the Citizens Police Academy met four times. The sessions covered traffic enforcement, investigations, forensic evidence and court proceedings. The topics discussed during the sessions were reinforced with hands-on scenarios. ===== PDF PAGE 102 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Criminal Activities Criminal Damage to Property: Person(s) unknown damaged a vehicle in the 100 block of Wycliffe Dr. Scratches were discovered to the paint on the driver side mirror and front and rear bumpers. Person(s) unknown damaged a vehicle in the 1200 block of S. Neltnor Blvd. A paver brick had been thrown through the back window. Person(s) unknown using an unknown means shattered the front window to an apartment in the 500 block of Carriage Dr. Person(s) unknown using an unknown means broke the front window of a residence in the 700 block of S. Oak St. Person(s) unknown damaged a residence and vehicle in the 800 block of Main St. The front window of the home and the rear window of the SUV were struck by BBs or pellets. Person(s) unknown damaged an apartment and three vehicles in the 1200 block of Kings Cross. A BB or pellet was used to damage the glass in a sliding patio door of the apartment. The three vehicles were damaged as follows: one had the rear window broken, a second had a side window broken and the rear window on the third was broken. The incident is believed to be gang-related. Person(s) unknown damaged a vehicle on Easton Ave. Two driver side windows were shattered. The damage appears to have been caused by BBs or pellets. Battery: A known person punched and choked the victim at a business in the 1700 block of Downs Dr. An argument between two co-workers about how best to load a conveyer belt escalated to a physical altercation. A witness corroborated the victim’s version of events and the suspect was issued a local Ordinance citation for Battery. A known person punched the victim as he exited Mr. A’s Liquor Store, located at 1400 S. Neltnor Blvd. The fight was captured by the store security cameras. The suspect was identified, located and interviewed at the Station, where he admitted to striking the victim. The suspect was issued a local Ordinance citation for Battery. Aggravated Battery/Mob Action: A known person and an unknown person confronted the victim in the 1000 block of Woodside Dr. The known suspect struck the victim in the abdomen and the left side of his face with a small baseball bat before fleeing the area. Investigation is ongoing. ===== PDF PAGE 103 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Burglary From Motor Vehicle: Person(s) unknown entered an unsecured vehicle in the 800 block of S. Oak St. and removed $90.00 and a Nissan key fob. Person(s) unknown gained entry to a vehicle in the 100 block of Turner Ct. by shattering a driver side window. The suspect then forced open the glove box of the car. At the time of the initial report, it was unknown if anything was taken. Person(s) unknown entered an unsecured vehicle in the 1000 block of Bishop St. and removed a purse containing $80.00, a debit card and a driver’s license. Theft Under $500.00: An unknown person pumped $50.45 worth of gasoline into a vehicle at Thorntons, located at 1330 S. Neltnor Blvd., and then left without paying. Attempts by officers to make contact with the suspect were unsuccessful. Theft Over $500.00: Persons unknown broke into a drop box outside of the business office of Town and Country Apartments, located at 700 W. Forest Ave. Taken from the box were three checks written for rent payments. Retail Theft: Persons unknown removed fifteen bottles of alcohol from the Shell Gas station, located at 184 W. North Ave. The suspects concealed the items in a tote bag and backpack and left the store. The alcohol was valued at $617.85. Theft of Auto Parts or Accessories: Person(s) unknown cut the catalytic converter from a vehicle in the 500 block of Carriage Dr. The item was valued at $400.00. Person(s) unknown cut the catalytic converter from a vehicle in the 1200 block of Kings Cross. The item was valued at $400.00. Theft From Motor Vehicle: Person(s) unknown removed a leaf blower from the open bed of a pickup truck in the 1200 block of W. Washington St. The equipment was valued at $300.00. Investigation is ongoing. ===== PDF PAGE 104 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Deceptive Practices: An unknown person on two separate occasions attempted to cash checks drawn on the account of the Winfield Township Assessor’s Office, located at 130 Arbor Ave. The checks, which were determined to be fraudulent, were made out for $4,485.00 and $8,355.00. The bank found the transactions suspicious and prior to cashing the checks contacted the Township. Township staff confirmed the checks were fraudulent and advised they did not know the subject who was attempting to cash them. Investigation is ongoing. Person(s) unknown cashed fraudulent checks on the account of a business located in the 900 block of W. Washington St. Several checks written on behalf of the business and sent to various vendors had the payee name changed; these checks were then cashed. Total of the checks cashed was $22,532.00. Investigation is ongoing. Fraud: An unknown person used a credit card to pay a $400.00 rental fee for a skid-steer loader at a business in the 600 block of W. Roosevelt Rd. The equipment was not returned when agreed upon. The business learned the credit card used to pay for the rental was in the name of a person who was recently the victim of identity theft and had not authorized the card to be issued in his name. Investigation is ongoing. Person(s) unknown applied for unemployment benefits with the Illinois Department of Employment Security using the victim’s personal information. The victim, who resides in the 600 block of W. Forest Ave., was made aware of this situation by her employer. Person(s) unknown applied for unemployment benefits with the Illinois Department of Employment Security using the victim’s personal information. The victim, who resides in the 900 block of Dunham Dr., was alerted to this situation when he received via U.S. Mail a debit card loaded with funds. An unknown person used a counterfeit $100.00 bill to pay for a delivery of food from a business in the 100 block of N. Neltnor Blvd. The delivery driver provided change to the suspect in an apartment building in the 800 block of Main St. Soon after leaving the building he realized the bill was fake. Attempts to locate the offender in the building were unsuccessful. Person(s) unknown emailed the victim advising there was a problem involving his computer and provided a number to call if he wanted the issue corrected. The victim phoned the suspect and was told there was fraudulent activity detected on his credit card and he needed to pay $15,000.00 to correct the problem. At the direction of the suspect, the victim purchased $4,000.00 in gift cards and provided the card numbers and redemption codes. The victim later learned that his credit card was not in fact compromised. Investigation is ongoing. An unknown person used three counterfeit $100.00 bills to purchase a reloadable credit card at Walgreens, located at 125 N. Neltnor Blvd. ===== PDF PAGE 105 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Residential Burglary: Person(s) unknown entered a locked apartment in the 400 block of Main St. An unknown tool had been used to force an exterior door open. The residents reported $1,000.00 and a carry-on size suitcase were missing. Criminal Sexual Assault: A known person is alleged to have sexually assaulted a juvenile victim at an apartment in the 1200 block of Kings Cross. The DuPage Children’s Center was notified to investigate the incident. 10 ===== PDF PAGE 106 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Monthly Performance Activities Jul Aug YTD Total 2020 2020 2020 2019 2019 Traffic 509 520 426 569 3,591 6,727 7,565 Stops Traffic 202 224 217 1,471 4,545 Citations Traffic 271 273 203 277 1,979 3,676 Warnings Parking 133 114 §2 1,024 2,301 Citations 2,037 Traffic 71 57 63 557 739 905 Crashes Incident 240 212 265 265 ~ 2,215 2,676 3,058 Reports 11 ===== PDF PAGE 107 ===== [Extraction: OCR (rendered-page OCR)] Monthly Report Officer Activities On August 15", West Chicago Police Department officers responded to the intersection of Neltnor Blvd. and Main St. for a fatal motor vehicle crash involving a pedestrian. The investigation into this incident revealed two vehicles had been street racing at the time of the crash. The driver of one of those vehicles was arrested the day of the incident. Further investigation by detectives led to the identification of the second involved vehicle and driver. On October 14" Detective Herbert obtained an arrest warrant for the driver of the second car who had engaged in street racing. The suspect surrendered himself at the Station and was charged with the offenses of Reckless Homicide and Aggravated Street Racing. He was fingerprinted, photographed, posted bond and was released from custody. On October 20", Officers Rigler and Berg responded to the Depot, located at 508 Main St., for a call of an unresponsive male in a car suffering an overdose of narcotics. Officers administered a dose of Narcan and the subject became responsive. West Chicago Fire Protection District personnel arrived and transported the individual to Northwestern Medicine Central DuPage Hospital. On October 23", Officers Cummings, Eversole, Sauseda, Dominguez and Zepeda responded to the 1200 block of Kings Cross for a report of shots fired. Officers located four individuals standing near a vehicle stopped in the roadway. One of the subjects was seen throwing an object into a wooded area. The object was recovered and found to be a 9mm handgun. Evidence Technicians Rigler and Fabiani responded to process the scene. Detectives Peterson, Herbert and Bowers responded to conduct interviews. One of the individuals admitted to firing the gun into the ground. The DuPage County State’s Attorney’s Office approved charges of Unlawful Use of a Weapon by a Felon and Reckless Discharge of a Firearm. The arrestee was fingerprinted, photographed and transported to the DuPage County Jail. On October 3", officers responded to the 500 block of Kenwood Ave. for a report of shots fired at a house. Three bullets were found to have struck a residence. No persons were injured. A canvass of the neighborhood revealed a security camera that captured the incident, including the suspects arriving in two vehicles. A description of the suspect vehicles was broadcast to neighboring agencies; Warrenville Police Department Officers located one of the vehicles and initiated a traffic stop. The suspects refused to yield, fleeing at a high rate of speed and were not apprehended at that time. However, officers observed the occupants throw an object from the car. The object was recovered and found to be a handgun. Meanwhile, Winfield Police Department officers located the second suspect vehicle and conducted a traffic stop. The occupants of the second vehicle were interviewed by Detectives Calabrese and Flanigan at the Station. The investigation continued over the course of the next several weeks, and two suspects were identified. On October 29" the two suspects were taken into custody and interviewed. The DuPage County State’s Attorney’s Office approved charges of Aggravated Discharge of a Firearm against the alleged shooter. The individual identified as the driver of the vehicle that fled from Warrenville officers was charged with Aggravated Discharge of a Firearm and Aggravated Fleeing and Eluding. Both were fingerprinted, photographed and transported to the DuPage County Jail. 12