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HomeMy WebLinkAbout26-0224 Gail Borden Public Library District OUTDOOR EVENT INCENTIVE PROGRAM AGREEMENT THIS AGREEMENT is hereby made and entered into this 24 day of February, 2026, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City") and GAIL BORDEN PUBLIC LIBRARY DISTRICT, a(n) LOCAL GOVERNMENT ENTITY (hereinafter referred to as the"Funding Recipient"). WHEREAS, the City and Funding Recipient have each determined it to be in their best interests to enter into this agreement by which the City shall provide funding to Funding Recipient under the City's Outdoor Event Incentive Program for a special event commonly known as El Trote De Las Calacas, to be conducted on Saturday, October 10, 2026 in an area comprised of 270 N Grove Ave, Elgin, IL 60120 (hereinafter referred to as "Event"), in accordance with the terms and provisions of this Agreement; and WHEREAS, Elgin Municipal Code Chapter 13.25 provides for the co-sponsorship and funding of special events between the City and certain organizations as provided for in the City's Outdoor Event Incentive Program; and WHEREAS, the City has determined that the Event will benefit the residents of the City of Elgin, and will attract additional interest in and assist in promoting the City of Elgin; and WHEREAS, the City's City Council has further determined that it is in the best interests of the City to provide funding and other services provided herein to Funding Recipient to conduct the Event in accordance with the terms and conditions of this Outdoor Event Incentive Program Agreement; and WHEREAS, the City is a home rule municipality as defined in Article VII Section 6a of the 1970 Constitution of the State of Illinois;and WHEREAS,a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the co-sponsorship and funding of the Event pursuant to the Outdoor Event Incentive Program 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. The Funding Recipient shall conduct the Event and provide any related activities or services as described in and pursuant to Funding Recipient's"Outdoor Event Incentive Program Application" attached hereto and made a part hereof as Exhibit A (the activities associated with conducting the Event, including terms, conditions, dates and times, and location, are hereinafter referred to as the "Event Activities"). In the event of any conflict between the provisions of this Agreement and the provisions in Exhibit A hereto, the provisions of this Agreement shall control. The Funding Recipient represents and warrants that the Funding Recipient has the skills, knowledge, and resources necessary to conduct the Event and the Event Activities provided for in Exhibit A in a reasonable and workmanlike manner, and that the Event Activities set forth in Exhibit A are integral parts of this Agreement and may not be modified,amended or altered except by a written amendment to this Agreement agreed to and executed by both parties hereto. 3. The City agrees to award to Funding Recipient support and funding having value in a total amount not to exceed $20,000.00 (hereinafter the "Award"). The Award, said amount representing a value of$20,000.00, shall be in the form of in-kind support services (e.g., police, fire,public works clean-up and trash removal, etc.) from the City. The foregoing notwithstanding, the parties understand and agree that the amount of the Award shall in no event exceed fifty percent (50%) of the total estimated cost of the Event. 4. This Agreement shall commence and be effective from the date of execution hereof by both parties hereto, and continue through the completion of the Event in accordance with Exhibit A and the submission of the final report by Funding Recipient unless sooner otherwise terminated as provided for herein. 5. In connection with any Event Activities to be performed on other than City-owned properties, Funding 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. Funding Recipient agrees and warrants that Funding Recipient will periodically inspect all such facilities and equipment for such purposes. Funding Recipient also warrants that Funding Recipient and Funding 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, Funding Recipient agrees and warrants to use,and to cause persons acting on Funding 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. 6. The Funding Recipient shall comply with all of the requirements, terms and conditions of the City's Outdoor Event Incentive Program and Chapter 13.25 of the Elgin Municipal Code. The Funding Recipient shall apply the money to be paid by the City to the Funding Recipient pursuant to the preceding paragraph hereof solely to fund the Event and Event Activities identified in Exhibit A and no funds from the grant provided pursuant to this Agreement shall be used by the Funding Recipient for operating expenses or for any purchase of permanent equipment, capital improvements, construction, or for the payment of any previous year's deficit. 7. Funding Recipient shall assume all expenses designated as the responsibility of Funding Recipient as are included in Exhibit A and outlined in the proposed budget submitted by Funding Recipient relative to the Event. 8. Funding Recipient will be the sole solicitor for sponsors of the Event,and will retain all sponsorship money received. 9. Funding Recipient shall complete, maintain,and submit to the Assistant to the City Manager of the City any and all records, reports, and forms relating to the services and activities in this Agreement as requested by the City. Without limiting the foregoing, the parties further agree as follows: A. Funding Recipient shall provide a budget to the City which shall reflect the projected income and expenses related to this Event. Such budget shall also reflect the projected distribution of funds received by the City pursuant to this Agreement. The budget shall be submitted to the Assistant to the City Manager prior to any payment or provision of in-kind services by the City. B. The City shall be entitled to review all accounting records of Funding Recipient related to this Event and the use of funds paid by the City to the Funding Recipient pursuant to this Agreement upon 72 hours advance notice from the City. C. The Funding Recipient shall provide a project schedule setting forth all significant milestones and deadlines for the completion of the same relating to the conducting of the Event. Funding Recipient shall adhere to and comply with the project schedule provided to the City. Funding Recipient shall communicate to the City and provide a progress report upon the completion of a milestone,and shall provide further updates to the City with respect to progress on milestones and deadlines upon request. Funding Recipient's failure to meet the deadline provided in the project schedule for a milestone shall be grounds for the cancellation, termination, or suspension, in whole or in part, of this Agreement by the City. D. Within sixty (60) days following the completion of the Event, the Funding Recipient shall complete and submit to the City a final report in a form as required by the City. 10. In the event this Agreement is terminated, or in the event the Event for which the City funds provided herein are to be applied is discontinued for any reason,the Funding Recipient shall refund to the City any funds that had been provided to Funding Recipient,and shall reimburse the City the fair value of any in-kind services provided by the City, within sixty (60) days of the date of termination or the scheduled date of the Event, whichever is sooner. 11. Funding 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 Funding 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, Funding Recipient hereby certifies, represents, and warrants to the City that all of Funding 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. Funding 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. Funding Recipient shall also perform this Agreement. The City shall have the right to audit any records in the possession or control of Funding Recipient to determine Funding Recipient's compliance with the provisions of this Agreement. In the event the City proceeds with such an audit, Funding Recipient shall make available to the City Funding Recipient's relevant records at no cost to the City and at Funding Recipient's sole expense. 12. 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 Funding Recipient. 13. In all printed materials in which a City seal or logo is deemed appropriate,approval by the Assistant to the City Manager of the City is required prior to printing. 14. 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 Funding Recipient and Funding 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. 15. If the Funding Recipient violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default,and the City shall have the right to seek such administrative, contractual, or legal remedies as may be suitable to the violation or breach; and, in addition, if Funding Recipient by reason of any default, fails to within fifteen (15) days after notice thereof by the City to comply with the conditions of the Agreement, the City may terminate this Agreement. If the City violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default,and in the event the City,within fifteen (15) days after notice thereof by the Funding Recipient demanding compliance, fails to comply with the terms and conditions of this Agreement,the Funding Recipient, as its sole and exclusive remedy, may terminate this Agreement. Notwithstanding anything to the contrary in this Agreement or by implication or estoppel,with the sole exception of the money the City has agreed to pay the Funding Recipient pursuant to paragraph 3 hereof, no action shall be commenced by the Funding Recipient, any related agents, persons or entities, and/or any of their successors and/or assigns, against the City for monetary damages. In the event any legal action is brought by the City for the enforcement of any of the obligations of the Funding Recipient in this Agreement and the City is the prevailing party in such action, the City shall also be entitled to recover from the Funding Recipient interest at the rate of nine percent (9%) per annum, plus attorney's fees at the rate of Two Hundred Fifty Dollars ($250.00) per hour, which Funding Recipient agrees to be reasonable. Funding Recipient hereby further waives any and all claims or rights to interest which it claims it may otherwise be entitled to pursuant to law, including, but not limited to, the Local Government Prompt Payment Act(50 ILCS 501/1,et seq.),as amended,or the Illinois Interest Act (815 ILCS 205/1 , et seq.), as amended. The parties hereto further agree that any action by the Funding Recipient arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 16. Notwithstanding any other provision hereof,the City may terminate this Agreement at any time upon thirty(30)days prior written notice to Funding Recipient,without penalty and in its sole discretion. In the event this Agreement is so terminated,the Funding Recipient shall only be paid for services and activities actually performed,and reimbursable expenses actually incurred prior to termination, except that any such reimbursement shall not, in any event, exceed the total amount set forth in paragraph 3 above. Additionally, in the event this Agreement is so terminated, the Funding Recipient shall immediately cease the expenditure of any funds paid to the Funding Recipient by the City and shall refund to the City any unearned or unexpended funds. 17. Pursuant to the provisions of Elgin Municipal Code Section 13.25.090, Funding Recipient shall be solely and strictly liable for the acts of its volunteers, officers and employees. To the fullest extent permitted by law, Funding 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 Funding Recipient in connection herewith, including negligence or omissions or agents of Funding 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. 18. Funding Recipient shall provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070. Funding Recipient shall provide the City Manager's Office with a certificate of general liability insurance naming the City as a primary, non-contributory co-insured with limits of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury,personal injury,and property damage with a general aggregate limit of not less than Two Million Dollars($2,000,000). Such certificate shall provide that the insurance shall not be terminated or renewed for any reason without thirty (30) days advance written notice to the City. Such insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of such insurance to make it excess over other available insurance; alternatively, if such insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. Funding Recipient shall provide, pay for, and maintain in effect, during the term of this Agreement, comprehensive automobile liability insurance covering all owned, non-owned and hired motor vehicles used in connection with the services with limits of not less than $500,000 per occurrence for damages to persons or property. Funding Recipient shall also provide,pay for,and maintain in effect,during the term of this Agreement,worker's compensation insurance in amounts required under the laws of the State of Illinois. At the request of the City Funding Recipient shall provide to the City certificates of insurance regarding the insurance required in this paragraph. 19. Funding 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. Funding Recipient shall provide all payments provided for herein to City within thirty (30) days of written demand for payment by City. 20. Funding Recipient at its sole cost shall apply for and obtain all necessary permits, except as may be otherwise agreed in writing by the City. 21. It is agreed and understood by the parties hereto that the police, fire, and public works services that may be provided by the City pursuant to the terms of this Agreement are general service only and that no special duties or obligations are intended, nor shall be deemed or construed to be created by this Agreement. It is further agreed and understood that this Agreement is not intended to, nor shall it be construed to alter, limit or constitute a waiver of any of the civil immunities afforded the City and/or its officials,officers,employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, or as otherwise provided by law, including, but not limited to, the Emergency Telephone System Act at 50 ILCS 750/0.01, et seq., as amended, and the Emergency Medical Services System Act at 210 ILCS 50/1, et seq. (the "Acts"), it being agreed that all the civil immunities,as set forth in such Acts,as amended, and/or as otherwise provided by law, shall fully apply to any claims asserted or which may be asserted against the City and/or its officials,officers, employees and/or agents as a result of this Agreement or any actions of the parties pursuant to this Agreement. Without limiting the foregoing, it is further agreed and understood that the City and/or its officials, officers, employees and/or agents as a result of this Agreement or any actions of the parties pursuant to this Agreement shall not be liable to any other person or entity for failure to provide adequate police protection or service, fire protection or service, rescue or emergency service, failure to suppress or contain a fire, failure to provide or maintain sufficient personnel, equipment or other fire protection facilities, failure to prevent the commission of crimes, failure to detect or solve crimes or the failure to identify or apprehend criminals, and/or for any act and/or omission in connection with the developing, adopting, operating or implementing any plan or system relating to the City's and/or Funding Recipient's duties pursuant to this Agreement. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this Agreement, and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or its officials, officers, employees, agents, and/or other related persons or entity, for monetary damages for any alleged breach or failure to provide the services described in this Agreement. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 22. 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. 23. 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,sexual preference,color,creed,national origin, marital status,or 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. 24. 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, sexual preference, color, creed, national origin, age except minimum age and retirement provisions,marital status or the presence of any sensory,mental or physical handicap,and Funding Recipient shall comply with all laws,acts,and ordinances of the United States,the State of Illinois, and the City of Elgin relating thereto. Funding Recipient further agrees to use its best efforts to ensure that the Event is accessible to persons with disabilities. 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. 25. The terms and provisions of this Agreement shall be severable. The parties intend and agree 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. 26. This Agreement and its exhibits constitute 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. 27. 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. 28. As a condition of this contract, Funding Recipient shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the Funding Recipient's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request (775 ILCS 5/2-105). 29. As a condition of this Agreement, Funding Recipient shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Act at 820 ILCS 265/1, et seq. A copy of such policy shall be provided to the City prior to the entry and execution of this Agreement. 30. All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: As to the City: As to Funding Recipient City Manager tat_ali Kik) City of Elgin 150 Dexter Court a9() N, ii vtNL. kit • Elgin, IL 60120-5555 F l r;+r I1 1Pa 1DD With a copy to: Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 31. Notwithstanding anything to the contrary in this Agreement, no action shall be commenced by Funding 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. 32. This Agreement is and shall be deemed to construe to be a joint and collective work product of the City and Funding 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. 33. 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 Funding Recipient without the express written consent of the City which consent may be withheld at the sole discretion of the City. SIGNATURE PAGE FOLLOWS IN WITNESS WHEREOF, the undersigned have entered into executed this Agreement on the date and year first written above. CITY OF EL N FUNDING RECIPIENT By 7ege.,1/193 City Manager Its DIYlS10Yl NM a of- plAic, at10Yl t- O,ue,ic?oluu Attest: Attest: iii"(111h4A ty Clerk EXHIBIT A OUTDOOR EVENT INCENTIVE PROGRAM APPLICATION