HomeMy WebLinkAbout15-0610 Gail Borden IS- o61b
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SUSTAINABILITY COMMISSION SPONSORSHIP AGREEMENT
THIS AGREEMENT is hereby made and entered into this /0 day of
e_ , 2015, by and between the City of Elgin, Illinois, a municipal corporation
(hereinafter referred to as "City") and the Gail Borden Public Library, (hereinafter referred to as
the"Recipient").
WHEREAS, Recipient desires to organize and conduct an event promoting awareness of
sustainability and economic development (the "Event"); and
WHEREAS, the City's Sustainability Commission voted to award funds to the recipient
to co-sponsor the Event; and •
WHEREAS, the City and the Recipient have each determined it to be in their best
interests to enter into an agreement by which each party hereto shall provide co-sponsorship for
the Event to be conducted as described on Exhibit A, attached hereto and incorporated herein by
this reference; and
WHEREAS, the Recipient represents that she has the necessary expertise and experience
to organize and conduct the Event upon the terms and conditions set forth in this Agreement; and
WHEREAS, the City has determined that the co-sponsorship of the Event will promote
awareness of sustainability and economic development, and pertains to the government and
affairs of the City.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
1. The foregoing recitals are hereby incorporated into this agreement in their
entirety.
2. In addition to any other services to be provided by either party hereto as provided
for herein, each party hereto shall perform such services and supply such materials as are
provided in Exhibit A, attached hereto and made a part hereof.
3. In connection with any services to be performed on other than City-owned
properties, Recipient warrants and agrees to maintain all facilities and equipment used in the
performance of this agreement in a clean, sanitary and safe condition and free from defects of
every kind whatsoever. Recipient agrees and warrants that Recipient will periodically inspect all
such facilities and equipment for such purposes. Recipient also warrants that Recipient and
Recipient's facilities and equipment used in the performing of this agreement are not now, nor
shall be during the term of this agreement in violation of any health, building, fire or zoning code
or regulation or other applicable requirements of law. In connection with the performance of this
agreement on properties owned or controlled by the City, Recipient agrees and warrants to use,
and to cause persons acting on Recipient's behalf, to use, through proper supervision and control,
all facilities with due care, and to report all defects in or damage to any such facilities, and the
cause thereof, if known, immediately to the City.
4. The City shall pay Recipient for costs associated with the Event to the extent of
and as outlined in Exhibit A expenses, marked as "ESC" responsibility, not to exceed $937.25.
Any costs in excess of$937.25 shall be the responsibility of the Recipient, and shall be assumed
and paid by Recipient. The Recipient shall apply the money to be paid by the City solely for
expenses associated with the line items "Record D.J.", "Live recycled art demo" and "A to Z
Rental", and for no other purposes whatsoever. Applicant shall present invoices, paid receipts or
copies of paid receipts to City specifically designating actual expenses incurred for the project or
activity described in the application with any request for reimbursement from City. Such requests
for reimbursement and paid receipts shall be limited to and shall specifically designated actual
expenses incurred for the project or activity described in the application, and reimbursements
shall not exceed the amounts approved at the time of the execution of the grant agreement.
5. Recipient will be the sole solicitor for sponsors of the event, and will retain all
sponsorship money received.
6. Recipient shall complete, maintain and submit to the Assistant City Manager of
the City, or his designee, any and all records, reports and forms relating to the services in this
Agreement as requested by the City. Without limiting the foregoing, the parties further agree as
follows:
A. Recipient shall provide a budget to the City, which shall reflect the projected
income and expenses related to this Event.
B. The City shall be entitled to review all accounting records of Recipient related to
the Event.
7. In the event this Agreement is terminated, or if the Event is not conducted in
accordance with Exhibit A, the City shall not have any obligation to pay any funds with respect
to the Event, and the Recipient shall refund to the City the full amount of any payment made by
the City to the Recipient for the Event.
8. Recipient agrees and warrants that notwithstanding any other provision of this
agreement that in connection with the performance of and/or the providing of services pursuant
to this agreement that Recipient 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 wage, workplace safety and legal status of employees. Without
limiting the foregoing, Recipient hereby certifies, represents and warrants to the City that all of
Recipient's employees and/or agents who will be performing and/or providing services with
respect to this agreement shall be legally authorized to work in the United States. Recipient shall
also 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 this agreement. Recipient shall also
perform this agreement. The City shall have the right to audit any records in the possession or
control of Recipient to determine Recipient's compliance with the provisions of this agreement.
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In the event the City proceeds with such an audit, Recipient shall make available to the City
Recipient's relevant records at no cost to the City, and at Recipient's expense.
9. The City of Elgin shall be recognized as a co-sponsor of the Event and shall
receive the benefits of sponsorship consistent with the level of support provided in this
agreement. At a minimum, the City's support shall be acknowledged on all print materials
promoting the Event which may be provided by Recipient.
10. In all printed materials in which a City seal or logo is deemed appropriate,
approval by the Assistant to the City Manager for Community Engagement of the City is
required prior to printing.
11. This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between the parties hereto. It is expressly agreed and
understood that Recipient and Recipient's officers, employees and agents are not employees or
agents of the City and are not entitled to any benefits or insurance provided to employees of the
City.
12. If either party violates or breaches any term of this agreement, such violation or
breach shall be deemed to constitute a default, and the other party has the right to seek
administrative contractual or legal remedies as may be suitable to the violation or breach; and, in
addition, if either party by reason of any default, fails to within fifteen (15) days after notice
thereof by the other party to comply with the conditions of the agreement, the other party may
terminate this agreement. In the event any legal action is brought by the City for the enforcement
of any of the obligations of Recipient in this agreement and the City is the prevailing party in
such action, the City shall also be entitled to recover from Recipient reasonable interest and
reasonable attorney's fees.
13. Notwithstanding any other provision hereof, the City may terminate this
agreement at any time upon ten(10) days prior written notice to Recipient without penalty.
14. Recipient shall be solely and strictly liable for the acts of its volunteers, officers
and employees. To the fullest extent permitted by law, Recipient agrees to indemnify, defend
and hold harmless the City, its officers, employees, agents, boards and commissions from and
against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief,
including but not limited to worker's compensation claims, in any way resulting from or arising
out of negligent actions or omissions of Recipient in connection herewith, including negligence
or omissions or agents of Recipient arising out of the performance of this agreement. In the
event of any action against the City, its officers, employees, agents, boards or commissions
covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be
defended by legal counsel of the City's choosing. The provisions of this section shall survive any
expiration, completion and/or termination of this agreement.
15. Recipient shall reimburse and be liable to the City for any injury or damage to any
City-owned property arising out of or in connection with or resulting from the Event. Recipient
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shall provide all payments provided for herein to City within thirty (30) days of written demand
for payment by City.
16. Recipient at its sole cost shall apply for and obtain all necessary permits, except
as may be otherwise agreed in writing by the City.
17. No official, director, officer, agent or employee of the City shall be charged
personally or held contractually liable under any term or provision of this agreement or because
of their execution, approval or attempted execution of this agreement.
18. In all hiring or employment made possible or resulting from this agreement, there
shall be no discrimination against any employee or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or
physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to, but not be limited to, the following: employment advertising, layoff
or termination, rates of pay or other forms of compensation and selection for training, including
apprenticeship.
19. No person shall be denied or subjected to discrimination in receipt of the benefit
of any services or activities made possible by or resulting from this agreement on the grounds of
sex, race, color, creed, national origin, age except minimum age and retirement provisions,
marital status or the presence of any sensory, mental or physical handicap. Any violation of this
provision shall be considered a violation of a material provision of this agreement and shall be
grounds for cancellation, termination or suspension, in whole or in part, of the agreement by the
City.
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20. The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause
or other provision of this agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this agreement shall remain in full force and effect.
21. This agreement and its exhibits constitutes the entire agreement of the parties on
the subject matter hereof and may not be changed, modified, discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a duly
executed amendment hereof.
22. This agreement shall be deemed to have been made in, and shall be construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane
County, Illinois.
23. Notwithstanding anything to the contrary in this agreement, no action shall be
commenced by Recipient, any related persons or entities, and/or any of their successors and/or
assigns, against the City for monetary damages and the City shall not be liable for any such
monetary damages. The provisions of this section shall survive any expiration, completion and/or
termination of this agreement.
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24. This agreement is and shall be deemed to construe to be a joint and collective
work product of the City and Recipient and, as such, this agreement shall not be construed
against the other party, as the otherwise purported drafter of same, by any court of competent
jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the
terms and provisions contained herein.
25. This agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. This agreement and the obligations herein may not be assigned
by Recipient without the express written consent of the City which consent may be withheld at
the sole discretion of the City.
26. This agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the purposes of
executing this agreement, any signed copy of this agreement transmitted by fax machine or e-
mail shall be treated in all manners and respects as an original document. The signature of any
party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for
these purposes as an original signature and shall have the same legal effect as an original
signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the
same binding legal effect as an original document. At the request of either party any fax or e-
mail copy of this agreement shall be re-executed by the parties in an original form. No party to
this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and
shall forever waive such defense.
IN WITNESS WHEREOF, the undersigned have entered into executed this agreement on the
date and year first written above.
CITY OF ELGIN GAIL BORDEN PUBLIC LIBRARY
By iC./1,/ "le e By
Sean R. Stegall, City Manager Its ear'o le ale c'a-/
X ect,c717 L/ A v„ecyc,
Attest: Attest:
City Clerk Ad .h e S vi'c e5
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EXHIBIT A
Sponsorship Proposal for the Elgin Sustainability Commission
Swap This!Recycling,Upcycling&Shredding Event Saturday,June 13th 2015 1-4pm $1,937.25
Service/Program/Collection/Location Cost Responsibility
Habitat for Humanity ReStore Tools,records,misc.-Outdoors Free ReStore
A to Z Rental Tent I0x30&15-18 Tables $537.25 ESC
Record DJ. Spinning retro records-Outdoors $200 ESC
_ ='Eg=, N ^ iniV��*" �"."9 �,r�.•a F" -=fir s'=4.��4,,s,.:-.aw a„rs�'.�. '».AS , YM..y
acks&sirem � z tT�ity c? ? �j 3 V t"24:,14,4 k -J-r,`s7$ ,
6c,Wt:1- r..,a 1.,k 'a�,`a GBPI&DonauOns.'E x;'-,�`A, 3* �2::,:ff�;f:z:u 4.7: ,,, ;.a:$200Ata GBPL:TBD,147'i t,
Uve recycled art demo Sam Burt-Outdoors $200.00 ESC
Elgin Recycling Electronics-Outdoors TBO TBD
ECC Green Group Upcyde scarves&other items-Outdoors Free ECC
GBPL Craft Swap Art supplies,holiday crafts-Indoors Free GBPL
JWL Cinderella's Closet Gown donations-Outdoors Free JWL
"'''bj:.�� �� S:;at�,,..�p:<x�,y. v�ISr°-� + hir � - �'' 'k�'�'J.:ut=r"�y. € .a�.� .-.
.„}, ,.n,' p-+::.°�r'a ,, .`*ar e.'. fir+ ar4 d.., cirx,..' _¢° n=��;',"•£:-;r ,". ">"g..r
a', )q:'. .z3'§� .I �-• t"L [ ;s', z r s �C': ;- ,' ,t.�$„�..
.yyy q. 1L, .� q���'-3ya�4�, � -yc.'.rF J� �y� As:rt ..1�_
• S^ r P ,K sy ec €A a '-car cr y a ntinv G ,^oors•.:Yi'ss.f. 0 'v,Vf:y`, "! y.A..
ECCO"&GBPL'- �•.,,.�;��, k ; � ,:�t�Recyced art&prd crafts;-face paintingrOutdoors c �v: ���;��$ZSD:� ECfO'JLGBP1:4,,A!,
Suastainability Commission Sustalnability speakers-Indoors Free ESC
� �3' v< r& p'w • y"T r i";"Y R- "=�*xa:s:� . ,.rr ^tit`:�-,•� �'•,n .�F. �£^' .,�4 4k i "l,• y rt4*7 h0a"�;"s? '`y,.s,l''` a: '�° ,.., •
i�T=.-:,?»iYa.3:- r'�*t?tr;'.,�.�. rtt;-i�.r,"&� �:`i4 `fit ' •.. hh `t,."+.w� ��� ..,.3 dam'' � ,,•
'�i .. �r��a� �k: •, '�.W� .L`�,r.U'x� �",'., •7'. � i,„�.. # �4-�i�3��)„.- "�'`;' y';e«. �..
GBPL'-Mist.items' ^�'" '�.�� ;�s' � ss.s,%.;� - <.�_ �_"�y,�?
:'... `.'�.�Plates,cups;;table.dothi,&napkins; ;sN=,.- „���� :u_,�$100:00 GBPI.:' -,, ,_-
GBPL&YWCA Tradin 4. g Cards,Sports equipt. Free GBPL
«x s"w:. f x�, ,�w"us;i:D's.;�, p;- -srozion g;;�:- �xTE.. ..�;�,-, ::: y"-r.:. _" mot= .sa- .-i,;,=ii✓.=„.'�'`ss s ya' Y•�,; �d'a
Document"Shied'dingTruclif , xri ah',wr fi ameri-shred` ". Aw, -E
w x, x sas ttp:// .net/..:Outdoors ,r�,.�''.,�"�1�'�'`�;,n-._ .�.;,m'��..,?. 3:l5450:
GBPL Books&A.V.materials-Location TBD Free GBPL
Baby items TBD TBO TBD
Set-up,tear down,8 staff&20 volunteers GBPL Staffing TBO GBPL
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