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Home My WebLink About16-0801 Record A Hit RENTAL AGREEMENT THIS AGREEMENT is hereby made and entered into this d I day of lT A�' (J 2016, by and between the City of Elgin, [Ilinois, a municipal corporation (hereinafter referred to as "City")and Record-A-Hit-Entertainment. Inc..an Illinois corporation(hereinafter referred to as "Vendor"). WHEREAS, the City is holding an event at its property commonly known as Festival Park (hereinafter referred to as "Event" and "Park". respectively): and WHEREAS, the City desires to provide entertainment at the Event at the Park; and WHEREAS, Vendor provides entertainment devices of the type desired by the City for the Event at the Park. 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. The above recitals are hereby incorporated into and made a part of this agreement as if fully recited hereby. 2. The City shall pay to the Vendor the sum of S495 on or before 6:00 p.m.. August 2. 2016. 3. Vendor shall supply its "Obstacle Course" (approximately 40 x 15 x 10) and all necessary accoutrements thereto (hereinafter referred to as "Equipment") during the Event at the Park; namely. August 2. 2016, from 6:00 p.m. to 8:00 p.m. at the property commonly known as "Festival Park", 132 S. Grove Street, Elgin, Illinois. 4. This agreement shall constitute and made be referenced as Order No. 161695. 5. This agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements. either oral. written or implied between the parties hereto regarding the subject matter hereof. The terms and provisions of this agreement may only be modified in writing signed by the parties hereto. 6. If Vendor is prepared to begin its performance of this agreement on time. but is prevented from performance due to the fault of the City. the City shall be liable for full payment of this agreement pursuant to the terms hereof. 7. The City shall provide all required electricity at City's sole cost. 8. Under no circumstances will any inflatable and/or electrical attraction be operated in unsafe conditions which include high winds and/or rain. Equipment may be left running or inflated, but participants will not be allowed on Equipment if unsafe conditions exist. Safety conditions will be determined by Vendor's crew chief. Vendor reserves the right to prohibit participation by intoxicated or unruly persons. Vendor's employees shall be permitted to give audible instructions to participants. Noise levels may be adjusted by Vendor's employees as may be necessary for safety. 9. City shall provide parking for one fifteen (15) foot vehicle. City shall provide a map or written directions to location. 10. To the fullest extent permitted by law. Vendor shall indemnify, defend and hold harmless the City. its officers. employees, agents. boards and commissions from and against any and all claims, suits. judgments. costs, attorney's fees, damages or other relief. including but not limited to worker's compensation claims. in any way resulting from or arising out of negligent actions or omissions of Vendor in connection herewith. including negligence or omissions or agents of Vendor 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. Vendor shall be strictly and solely liable for any injury to any of Vendor's employees or agents or to any of Vendor's Equipment or property. 11. Vendor shall provide. pay for and maintain in effect. during the term of this agreement. a policy of comprehensive general liability insurance with limits of at least $1.000.000 aggregate for bodily injury and$1,000.000 aggregate for property damage and automobile liability insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodily injury and/or property damage. Vendor shall also provide. pay for and maintain in effect. workers' compensation insurance in amounts required under the laws of the State of Illinois. 12. Vendor hereby waives any and all claims to interest on money claimed to be due pursuant to this agreement. and any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to.the Local Government Prompt Payment Act. as amended (50 ILCS 505/1, et seq.). or the Illinois Interest Act, as amended (815 ILCS 205/1. et seq.). 13. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with the provisions or performance of this agreement shall be in the Circuit Court of Kane County, Illinois. 14. Vendor shall supply such attendants as may be reasonably necessary to operate the Equipment during the Event; including, but not limited to. operating and maintaining the physical viability of the Equipment during the Event; transporting, setting up and removing the Equipment prior to, during and following the Event; maintaining safe operation and use of the Equipment by participants: and any other such functions as may be reasonably necessary to maintain the safe operation of the Equipment during the Event. - - 15. Notwithstanding any other provisions of this Agreement, it is expressly agreed and • understood that in connection with the performance of this Agreement, Vendor 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. Vendor hereby certifies. represents and warrants to the City that all of Vendor's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. Vendor 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 prosecution of the work. and/or the products and/or services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of Vendor to determine Vendor's compliance with the provisions of this section. In the event the City proceeds with such an audit. Vendor shall make available to the City Vendor's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 16. This Agreement shall not be construed so as to create a joint venture. partnership, employment or other agency relationship between the parties hereto except as may be specifically provided for herein. 17. In no event shall the City be liable to the Vendor for any damages for any reason in excess of the $495 rental fee provided for herein. 18. 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. CITY OF El p��/ By: L®r!�[ L� _ Richard G. Kozal. City Manager RECORD-A-HIT-ENTERTAINMENT. INC. By: 4.64- n7121------ Robert S. roms. President I=Uxgal Dept\Agreement\Rental Agr-Record A Iiit Entertainment.dixx