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18-0912 ECC MLK BreakfastFINAL Elgin Community College A�- k GENERAL FACILITIES RENTAL & CATERING AGREEMENT CITY ON ELGIN This Agreement is hereby made and entered into this day of 2018, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the "City ") and Elgin Community College /Community College District 509, (hereinafter referred to as "ECU). WHEREAS, a tentative reservation ("Reservation ") has been made for the City to use ( "Event ") ECC owned facilities and /or grounds (hereinafter "Facilities ") pending the submittal and approval of all required documents. NOW, THERE in consideration of the mutual promises and covenants provided for herein, the receipt and sufficiency of which is mutually acknowledged, the parties hereto hereby agree as follows: Name of Event: MLK Prayer Breakfast Organization: City of Elgin Address: 150 Dexter Court City, State, Zip: Elgin, Illinois 60120 Date of Reservation: September 12, 2018 Date(s) of Event: January 19, 2019 Agent: Gail Cohen Phone Number: 847 -931 -5607 E -mail: colien_g@cityofe.Igii-i.org Tentative Reservation is valid until October 12, 2018; upon mutual execution of this agreement on or before October 12, 2018, such Reservation shall not be construed as tentative; and City shall be entitled to use Facilities pursuant to this agreement. I. General a. The City shall abide by all policies, rules and regulations applicable to this Elgin Community College and the General Facilities Rental and Catering Agreement regarding the use of the Facilities and the conduct of persons in or on the Facilities, whether now or hereafter adopted. "fhe City expressly consents to being contacted for any purpose related to this agreement. b. ECC reserves the right to relocate any event to an alternate facility with equal accommodations, when the Facility is required for ECC use and /or to facilitate full facility utilization. c. Operating /Building Hours: Fall and spring semesters: Monday through Friday 7 a.m. -] I p.m., Saturdays 7 a.m, -5 p.m.; summer semester: Monday through Thursday 7 a.m. -i 1 p.m. 2, Pricing, Deposil, Invoice:, I'avinent a. A special 20% discount off of facility rates is available for the City and has been applied. This discount applies to facilities rental rates only and cannot be used in conjunction with any other type of discount. Rental of the Facilities shall be in accord with the terms and provisions of the Banquet Event Order form attached hereto and made a part hereof as Attachment A. Client's initials - Elgin Community College, 1700 Spartan Drive, Elgin, IL 60123 Tel: 847 -931 -3925 o Fax: 847 -931 -3920 b. A deposit equal to 50% of the total event charges must accompany the signed agreements for all events to secure reservation. c. Invoices will be issued at the close of the event and shall be payable upon thirty (30) days of receipt. d. ECC 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, pursuant to the Local Government Prompt Payment Act, as amended (50 ILLS 505/1, el seq.), or the Illinois Interest Act, as amended (815 ILCS 205/1, e! seq.). 3. Cancellation /Guarantees a, Cancellations for Facilities must be received at least one week prior to the start of the event. If a cancellation is received after this date, the full rental fees provided for herein shall be due and any deposits shall be forfeited: 31 days' notice No Charge 15 -30 days' notice 10% of total estimated charges 4 -14 clays' notice 20% of total estimated charges 0 -3 days' notice Total Estimated Charges will be incurred Total estimated charges include all facilities, resources, and food or beverages. Should the City need to cancel, cancellation notices to the ECC Facilities Rental staff must be in writing and acknowledged by ECC in writing. Email information to No refunds will be matle when the event is canceled due to the Cil 's noncompliance with terms and conditions. b. Guaranteed head counts are due seven (7) calendar days prior to the start of the Event, If a guaranteed head count is not received by this date, the original head count stated on the original signed contract will become the guaranteed head count for the event and charged accordingly. c. if ECC has to close the facilities due to inclement weather or for other disaster measures, all Facilities on campus will be closed and the Event will be cancelled. Call the ECC main number at (847) 697 -1000 for closing information. If the Facilities remain open, all event contract terms and conditions will remain in effect. d. In the event of a fire, flood, earthquake or other acts of God, war, government regulations, terrorism, civil disorder, curtailment of transportation facilities or for other reasons that make it illegal to hold this meeting, the obligations of each party to the other under this agreement shall be completely cancelled and deemed null and void and neither party shall have any further obligation to the other hereunder. 4. Use of Facilities a. Facilities usage may not be illegal, and shall be consistent with the terms and provisions of this Agreement. The use of Facilities will not, in any way, interfere with the operation of ECC or any of the programs or activities of ECC. ECC reserves the right to withdraw or rescind the grant to use Facilities and/or property for any reason at short notice, b, Access to any campus facilities, grounds and/or equipment not provided for herein is prohibited. c. Facilities, grounds and equipment will be used in a reasonable manner so as to prevent any loss, defacement or damage to them and so to facilitate the proper use of ECC property and the reasonable conduct of those. in attendance. Client's lnitialc d. No improvements or structures will be constructed upon Facililies unless approved in writing by the Managing Director of facilities, Any unauthorized a] teration of facilities will be corrected at the expense of the City. e, Any and all special facility and /or grounds set -ups must be requested through ECC Facilities Rental Off ice to be coordinated with the Operations and Maintenance Department. f. Equipment, furniture, or other goods belonging to an outside organization shall not be brought onto the campus unless approved in writing by the ECC Facilities Rental Office. ECC shall not be liable for loss or damage to same. Any equipment, furniture, or other goods shall be removed as soon as the event has ended or will be removed and disposed of by ECC at the expense of the City. g. The City shall provide supervision for events. The person responsible 1101- the event must be identified to the Facilities Rental staff. h. Within one - half ('1/2) hour after the ending hour of reserved use, the Facility must be vacated and left in as good a condition as when usage began. Failure to do so will result in additional rental, custodial and /or security fees. Liability for damages or additional fees will not diminish if ECC is required to perform any clean up unreasonably. i. Open flames of any and all types are not permitted on campus. 5. insurance a. Proof of Liability insurance will be required 5 working days prior to the event from the City. The City shall: L hold harmless and indemnify ECC from and against any liability for any injury to person(s) or property or claims therefore resulting to or arising from the negligent use of the Facilities and /or property by (lie City (and those granted access to the facility on behalf of the City) whether from an occurrence at the Facility itselfduring such use, in or about available parking areas, or otherwise; 2, provide. ECC with proof of insurance for their obligations under this paragraph prior to the use of any facilities. Elgin Community College shall be added as an additional insured. Lim'tts,ofcovera *e shall not be less than $1.UUU.ta00.UU with respect to bodily injury and /or tierrth out of each accident or nccurrerir;�• 1r�1717r�11a __,lia�ilit,y,u.��vgra�e Uf'nut Ic�s_lhHr_t_$I,Ut�U,tJUtJ,(]( }, ECC rc:scrves the right to acquire an actual copy of tliv insurance policy. G. Food and Beverage a. No food and/or beverage may be brought onto Facilities from an outside source. All food and /or beverage must be purchased through the ECC Facilities Rental Offiee. b. Elgin Community College may permit the consumption of alcoholic beverages in accordance with all College policies, rules and regulations. c. No concessions or other items will be sold in or on College property or in its facilities unless approved in writing by the ECC Facilities Rental Office. d. Elgin Community College is a drug -free campus. All facilities are smoke free. Alcohol may not be brought onto the campus from an outside source. e. Sales taxes will not be charged. Client's Initial 7. Solicitation a. Solicitation of any type is prr li bited un Urtrnpus. The time and location for distribution of any and all literature on campus must be approved by the Office of Student Lif`c. The ECC Facilities Rental Office must approve any medium of advertisement distributed under the auspices of the college displaying the college's logo and /or name. 8. Governinpl,avv a. This Agreement shall be governed and construed in accordance with the Constitution and laws of the State of Illinois. The parties waive any right to demand a trial by Jury and agree that litigation arising from this Contract or Agreement shall be heard only by a Judge sitting without a jury in the Circuit Court of Kane County, Illinois. b. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, ECC 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, ECC hereby certifies, represents and warrants to the City that all of FCC'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. ECC 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 ECC to determine FCC's compliance with the provisions of this section. In the event the City proceeds with such an audit, ECC shall make available to the City FCC's relevant records at no cost to the City, The City shall pay any and all costs associated With any such audit, 9. Non - wavier a. Nothing herein shall be construed as an express or implied waiver, relinquishment or release of any common law or statutory privileges and/or immunities the City or of ECC or any oftheir Trustees, council members, officers, employees, attorneys, volunteers or agents, including without limitation those privileges and imnnrnities existing under the Local Government and Governmental Employees Tort Immunity Act, 745 ILCS 10/1 -101, et seq. 10. Execution a. 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. It is hereby rarutuallp agreed, that the hn dersigneet Is an authorized agent for anal on behalf' ref said Organization. As an authorized agent fur arr on behalf of said Organization, l have read and agree to accept the ternts and conditions of this EC:C Facility Rental Agreement in its entirety. Client's Initial City's Authorized Agent Date Signed Signatur e■ Elgin Community Coll gets utl prized Agent g Date Signed � i Signature Printed Nam- 4 _ _ tinted Name Samantha Croft t Title Title Manager of Facilities Rental END OF DOCUMENT F:1Legal DepAAgreement%ECC- General Facilities Rental &Catering Agr- 9- 26- I8.doex Mng Director, Business SVCS Melissa Tait Client's Initial ECC Facilities Rental & Catering 1700 Spartan Drive ' Elgin, IL 60123 -7193 Tel: 847-93 1-3925 Fax: 847 -931 -4895 Martin Luther King Prayer Breakfast ORGANIZATION: City Of Elgin 150 Dexter Court Elein.IL 60120 'I :F'L, 847 - 931 -5607 FAX: 847 -931 -5906 MEMBER: 1261 CONTACT: Gaii Cohen READER BOARD: Marlin Luther King Prayer Breakfast BILLING INSTRUCTIONS MI'LRO) OY PAYMENT! Direct bill ATTACHMENT A BANQUET EVENT ORDER DATE(S): 1/19/2019 EVENTID; 88529 BOOKED BY: Brandi Clemmons DATE BOOKED: 9/11/2018 STATUS: Contract Pending 410.00 SERVICE CHARGE: EXEMPT GRANDTOTAL: 3410.00 Client will pay by direct bill I3RM5_illVll C't. }l i171'I IL71�ti If the guaranteed number of guests is not verified by 1/10/2019, charges will be based on the either estimated or actual number of guests, whichever is greater. Client expressly consents to being contacted at the phone number(s) provided for anything related to this event. All food and beverage items must be purchased through Facilities Rental. Payment is due upon receipt. It is hereby mutually agreed, be to ven !sC t' Vewih Rental & Catering and City Of Elgin, that the ionler•s'lgned is an authorized agent for and on behalf ry'said organization, l have read and agree to the catering guidelines and procedures provided with this contract. r r Client: Zl 11 rimed 9/12/2018 08:44 by 13C Breakfast LOCA•rioN: E 121 Dining Room QNSITE: Gail Cohen SETUP: Rounds for 8 for 250 FUNC ID: 162277 E CSKIJ giotr F.. 121 Dining Room 20% Room Discount Breakfast Buffet: flume Style Home Style Breakfast Chefs Scrambled Eggs Choice: Smoked Applewood Bacon/ Sausage Hash Brown Potatoes Assorted Breakfast Pastries Condiments Seasonal Fruit Display Regular Coffee, Decaf Coffee, & Hot Tea Orange & Cranberry Juice Water Service Saturday Jan 19, 2019 8:30 AM to 10:30 AM Room will be available to client at 8:00 AM 250 Estimated, 0 Guaranteed Guests will arrive at 8:30 AM Time Qy Price 1xt. Prim 8:30 AM 2 100.00 200.00 8:30 AM 1 -40.00 -40.00 8:30 AM 250 13.00 3,250,00, Est. Function Subtotal: * 3,410.00 SF,TUP: Inside Room: - (32) Rounds of - ("1) Beverage table along wall Outside Room; - (2) Skirted Buffets in hallway - Group Will Use Existing Registration Desk A UDIO/VISUAG: (2) Ilandheld Microphones - Computer Projector - .Screen - (I) Wireless Remote CATERING; - Al! final guest counts and menu changes must be received no later than 1/11/19 ADDITIONAL NO %'F.'S; - Early arrival (prior to Sam) or late departure (after 11; 00am) will resul(in additional hourly labor charges and rental fees All guests and staff must adhere to these arrival and departure limes. Printed 9/1212018 08:44 by BC