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Home My WebLink About22-0614 Party People Entertainment TG�+u �,e RENTAL AGREEMENT THIS AGREEMENT is hereby made and entered into this 1 J tay of 2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Party People Entertainment, Inc., an Indiana corporation authorized to do business in the State of Illinois (hereinafter referred to as the"Vendor"). WHEREAS, the City desires to conduct a"Movies in the Park" event on August 5, 2022 (hereinafter referred to as the "Event"); and WHEREAS,Vendor represents and warrants that it possesses and has the ability to provide for rental by the City of certain mobile LED screens and other necessary equipment for the showing of movies at the Event, as further described herein. NOW, THEREFORE, for and 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. Vendor shall provide, and the City shall rent from Vendor, the equipment and services described herein, consisting of the rental of one 17' x 10' Mobile LED Trailer Screen for the displaying of a movie on August 5, 2022 at 7:30 p.m., including delivery, power, set-up, operation, and removal. The Event shall be at Lord's Park, 100 Oakwood Blvd., Elgin, Illinois. 2. The City shall pay the rental amount of$6,000 for the Event,said amount being the total sum of all amounts to be paid by the City to the Vendor. The aforementioned total sum is inclusive of all applicable transportation, freight, shipping,delivery, applicable taxes,or any other costs associated with this Agreement. City shall pay Vendor a deposit in the amount of fifty percent (50%) of the total cost of this Agreement, said deposit amount being $3,000, upon the execution of this Agreement. The balance of the total rental amount, said balance amount being $3,000, shall be due on or before the date of the Event. 3. Technical Support. Vendor shall provide a technical support person ("tech" to deliver and setup equipment, connect devices, make adjustments, and prepare the LED screen for display of the City's content, and breakdown equipment. The Vendor's tech will stay on-site during the Event to provide assistance with respect to any technical issues,problems,or difficulties and ensure that the Event is able to proceed in accordance with this Agreement. 4. EauiT,Rment. If the City experiences an equipment issue on-site, the Vendor will make every effort to get it fixed on-site or get replacement equipment delivered to the Event location within sixty (60) minutes of the Vendor's diagnosis of an issue. If the Vendor is unable to get the equipment working or unable to get a replacement on-site within sixty(60)minutes from Vendor's diagnosis of problem, then Vendor will provide a rescheduled LED screen rental on a date mutually agreeable by the City and Vendor within six(6) months of the originally scheduled date. In the event that the parties cannot agree on a rescheduled date, the City shall be entitled to a full refund of the rental amount for the cancelled date. 5. Vendor shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited'to, acts of God, acts of war,fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature; provided, however,that in such circumstances the event shall be rescheduled in accordance with paragraph 5,herein. 6. There shall be no modification of this Agreement, except in writing and executed with the same formalities of the original. 7. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein,and this Agreement shall supersede all previous communications,representations or agreements,either verbal,written or implied between the parties hereto. 8. This Agreement is 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 the Circuit Court of Kane County,Illinois. Vendor hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Vendor agrees that service by first class U.S. mail to Party People Entertainment, Inc., 1740 Cooke Street, Hobart, IN 46432 shall constitute effective service. 9. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the reminder of this Agreement shall remain in full force and effect. 10. Notwithstanding any other provision 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 I-9 and personnel 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. 11. 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 2 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. 12. In the event of any conflict between the terms and provisions of this purchase agreement and any attachments hereto,the terms and provisions of this Agreement shall control. 13. In no event shall City be liable for any monetary damages in excess of the rental amount contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 14. 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. 15. Neither party may without written approval of the other assign this Agreement or transfer its interest or any part thereof under this Agreement to any third party except that a party may assign its rights or obligations to a third party in connection with the merger, reorganization or acquisition of stock or assets affecting all or substantially all of the properties or assets of the assigning party. 16. 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. 17. 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. Vender 9hall ft6&provide,-pq f ' 3 CITY OF IN PARTY PEOPLE ENTERTAIMENT, INC. 761 1, ichard G. Kozal, Cite Manager Print Name A City QLrk Signature ?,3 , Title Legal Dept\Agreement\Rental Agreement-Party People Entertainment-2022-6-9-22.doex 4