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HomeMy WebLinkAbout09-0729 Strictly FX 09-el.a9 • AGREEMENT THIS AGREEMENT is made and entered into this q day of i , 2009, by and between the CITY OF ELGIN, Illinois,-a municipal corporation (hereinaftir referred to as the "City"), and STRICTLY FX, An Illinois Limited Liability Company (hereinafter referred to as "Artist"). WHEREAS, City wishes to provide for a fireworks display; and WHEREAS, Artist is a provider of fireworks displays. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Artist shall furnish, deliver and display for City, fireworks to be exhibited as specified by Attachment A, attached hereto and made a part hereof (hereinafter referred to as "Display"). 2. Display shall be furnished by 11:00pm on August 1, 2009. 3. In the event that inclement weather prevents the presentation of Display, Artist shall be entitled to a payment of seventy-five percent (75%) of the contract price provided for herein as and for Artist's total compensation pursuant to this Agreement. In the event Display is not provided for any other reason under Artist's control, Artist shall not be entitled to any compensation. 4. City shall pay to Artist the sum of Twenty Thousand Dollars ($20,000), or alternatively, a reduced sum as provided for above in the event of inclement weather, on or before August 15, 2009. 5. Artist agrees to furnish to City all appropriately pyrotechnically trained personnel necessary to present Display, and shall advise City as to, and shall comply with all applicable local, state and federal laws and requirements, and shall obtain any and all necessary permits in conjunction with Display. 6. City shall procure and furnish a reasonable place to conduct Display and shall assist Artist in securing all applicable and necessary police, fire, local, state and federal governmental permits, licenses and approvals. 7. City shall furnish reasonable police and fire protection for the protection of Artist and the presentation of Display without interference from the public. 8. Time is of the essence of this Agreement. 9. City shall provide and prepare restraining lines pursuant to the instructions supplied by Artist and in compliance with the rules and regulations of the National Fire Protection Association. 10. All applicable minimum spectator viewing, parking, dwellings, and fallout area shall be in compliance with National Fire Protection Association standards for the use of pyrotechnics before a proximate audience, Number 1126. City shall provide reasonable security to preclude any unauthorized individuals from entering the Display security area. No personal property of any kind, including., but not limited to, motor vehicles shall be allowed within the "safe zone". Prior to, during and immediately following Display, City shall furnish and setup restraining lines for keeping all unauthorized persons in appropriate areas. 11. Not less than fourteen (14) days prior to Display, Artist shall provide City with a certificate of insurance naming City as a primary, non-contributing co-insured with limits of not less than $2,000,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury, death and property damage. Such certificate shall provide that the insurance shall not be terminated for any reason without thirty (30) days advanced written notice to City. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. There shall be no endorsement or modification of such insurance to make it excess over other available insurance, and, alternatively, if such insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to City. Artist shall at all times from the execution of this Agreement and until the full performance thereof, including the completion of Display, obtain and maintain worker's compensation and occupational disease insurance in amount required under the laws of the State of Illinois providing coverage to all of Artist's agents, officers and employees including those providing services pursuant to this Agreement. 12. This contract and all attached exhibits embody the whole agreement of the parties hereto. There are no other implied or oral agreements, promises, terms, conditions or obligations other than those provided for herein; and this Agreement shall supersede all previous communications, representations or agreements, either written or verbal between the parties hereto. 13. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 14. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. 15. This Agreement shall not be construed so as to create a joint venture, employment, partnership or other-agency relationship between the parties hereto. 16. Notwithstanding any other provision of this Agreement, it is expressly agreed in connection with the performance of this Agreement that Artist shall comply with all applicable • federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wages, workplace safety, and legal status of employees. Artist shall at its expense secure all permits and licenses, pay-all charges and fees and give all notices necessary and incident to the due and lawful performance of._., ay and all attendant products and/or services to be provided for pursuant to this Agreement. CITY OF IN STRICTLY FX ' By 0/Z-6 By Attest: ttest y"/ City Clerk • Hctnm:nsaT.AGF\i'sers\COE\Pain; RccFox Five Fest\FFF 2U05,:ertonrersstricti .C\O .01 Oy--Fir; Fire F ,. _.•arla.dne.: • 3 AGREEMENT THIS AGREEMENT is made and entered into thisA day of , 2009, by and between the CITY OF ELGIN, Illinois, a municipal corporation (hereinafte eferred to as the "City"), and STRICTLY FX, An Illinois Limited Liability Company (hereina er referred to as "Artist"). WHEREAS, City wishes to provide for a fireworks display; and WHEREAS, Artist is a provider of fireworks displays. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. Artist shall furnish, deliver and display for City, fireworks to be exhibited as specified by Attachment A, attached hereto and made a part hereof (hereinafter referred to as "Display"). 2. Display shall be furnished by 11:00pm on August 1, 2009. 3. In the event that inclement weather prevents the presentation of Display, Artist shall be entitled to a payment of seventy-five percent (75%) of the contract price provided for herein as and for Artist's total compensation pursuant to this Agreement. In the event Display is not provided for any other reason under Artist's control, Artist shall not be entitled to any compensation. 4. City shall pay to Artist the sum of Twenty Thousand Dollars ($20,000), or alternatively, a reduced sum as provided for above in the event of inclement weather, on or before August 15, 2009. 5. Artist agrees to furnish to City all appropriately pyrotechnically trained personnel necessary to present Display, and shall advise City as to, and shall comply with all applicable local, state and federal laws and requirements, and shall obtain any and all necessary permits in conjunction with Display. 6. City shall procure and furnish a reasonable place to conduct Display and shall assist Artist in securing all applicable and necessary police, fire, local, state and federal governmental permits, licenses and approvals. 7. City shall furnish reasonable police and fire protection for the protection of Artist and the presentation of Display without interference from the public. 8. Time is of the essence of this Agreement. 9. City shall provide and prepare restraining lines pursuant to the instructions supplied by Artist and in compliance with the rules and regulations of the National Fire Protection Association. 10. All applicable minimum spectator viewing, parking, dwellings, and fallout area shall be in compliance with National Fire Protection Association standards for the use of pyrotechnics before a proximate audience, Number 1126. City shall provide reasonable security to preclude any unauthorized individuals from entering the Display security area. No personal property of any kind, including, but not limited to, motor vehicles shall be allowed within the "safe zone". Prior to, during and immediately following Display, City shall furnish and setup restraining lines for keeping all unauthorized persons in appropriate areas. 11. Not less than fourteen (14) days prior to Display, Artist shall provide City with a certificate of insurance naming City as a primary, non-contributing co-insured with limits of not less than $2,000,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury, death and property damage. Such certificate shall provide that the insurance shall not be terminated for any reason without thirty (30) days advanced written notice to City. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. There shall be no endorsement or modification of such insurance to make it excess over other available insurance, and, alternatively, if such insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to City. Artist shall at all times from the execution of this Agreement and until the full performance thereof, including the completion of Display, obtain and maintain worker's compensation and occupational disease insurance in amount required under the laws of the State of Illinois providing coverage to all of Artist's agents, officers and employees including those providing services pursuant to this Agreement. 12. This contract and all attached exhibits embody the whole agreement of the parties hereto. There are no other implied or oral agreements, promises, terms, conditions or obligations other than those provided for herein; and this Agreement shall supersede all previous communications, representations or agreements, either written or verbal between the parties hereto. 13. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 14. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. 15. This Agreement shall not be construed so as to create a joint venture, employment, partnership or other agency relationship between the parties hereto. 16. Notwithstanding any other provision of this Agreement, it is expressly agreed in connection with the performance of this Agreement that Artist shall comply with all applicable - ,, - federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wages, workplace safety, and legal status of employees. Artist shall at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful performance of Display and all attendant products and/or services to be provided for pursuant to this Agreeme 7‘a??/0 CITY OF E IN ::::.ILY FX BY Attest: Attest: City Clerk F:\Hemmens\STAGE\Users\COE\Parks Rec\Fox Fire Fest\FFF 2009\Performers\Strictly FX\08.01.09--Fox Fire Fest Fireworks.docx - 3