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HomeMy WebLinkAboutCSD-06-098 - Pre Approved Event Partnership Agreement ) R Community Services Report To: Date of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Community Services Committee September 18, 2006 Keith Baulk, Director Enterprise Division, 2393 Don Chapman, Facilitator of Special Events, 2388 All August 30, 2006 CSD-06-098 PRE APPROVED EVENT PARTNERSHIP AGREEMENT RECOMMENDATION: That the attached Event Partnership Agreement template be approved and further; That the Manager of Special Events be given authority to sign the pre-approved Event Partnership Agreements, subject to the approval of the City Solicitor. BACKGROUND: The City currently has a number of pre-approved agreements. These include: Pre approved Service Provider agreement Pre approved Performer agreement Pre approved Agent agreement However the City does not have a pre approved agreement for events that are produced by third party operators. This recommendation provides authority for Legal to develop a template agreement and for the Manager of Special Events to sign such agreement. REPORT: The report requests Council approval for the use of a pre approved Event Partnership Agreement between the City and event/festival producers and promoters. Currently, there does not exist a pre approved agreement which can be utilized to meet the varying needs of events primarily promoted by third party producers but which the City has a vested interest in. For example, this would include events like Blues, Brews and Barbeques, BBQ Cook off, Tapestry, Multicultural Festival and Firefighters Challenge. CSD-06-098 - 2 - The development of such an agreement will ensure that the roles of all parties involved in the events are understood, services concisely outlined and all financial and liability provisions clearly defined. In order to facilitate a more efficient management process and to clearly outline roles and responsibilities, financial obligations and address all legal and liability considerations a pre approved agreement that can be amended to meet individual event needs, should be developed. This will allow staff to manage their operation in a more timely and efficient manner. All pre approved agreements will continue to be subject to approval of the City Solicitor and staff will be required to operate within the Purchasing Guidelines. FINANCIAL IMPLICATIONS: None, as all agreements will be within allocated budgets or approved grant allocations. Don Chapman, Interim Director Enterprise Division AP BETWEEN The Corporation of the City of Kitchener (the "CITY") and (the "HOST"). WHEREAS the City is the owner of certain lands known as Victoria Park in the City of Kitchener, Ontario (the "Site"); AND WHEREAS the Host wishes to hold a which is an event of municipal (the "Event"); on the Site on significance called NOW THEREFORE IN CONSIDERATION of the mutual covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged and admitted, the parties agree as follows: Site and Time of Event 1. The City agrees that the Host may use the area of the Site shown on Schedule "A" attached hereto for the purpose of the Event, including Event set-up and take-down. 2. The City agrees that the Host may commence set-up for the Event at the Event will finish, including clean-up, no later than and that 3. The Host agrees that immediately following the conclusion of the Event it will restore the Site to a condition at least as good, clean and safe as it was received in and that the Site will be available to the City for its normal use during the times at which the Event is not scheduled, and particularly that the Host will restore the Site to its normal state no later than Services Provided by the City 4. The City shall provide up to as follows: in service value toward the operation of the Event (a) The City shall provide water standpipe installation to the vendors for the Event. (b) The City shall provide picnic tables for the Event Site. (c) The City shall provide staff for Site maintenance on a daily basis and staff to host the Event on a daily basis. (d) The City shall be responsible for power distribution including provIsIon of electricity and any electrical equipment required, as well as locates for underground wIrIng. (a) The Host shall provide portable toilets and hand washing stations In sufficient number for the Event Site. (b ) The Host shall provide fencing and barricades to encase the perimeter of the Event Site. (c) The Host shall provide security for the Event during the day and for overnight purposes. (d) The Host shall provide acceptable waste management services, including garbage dumpsters and recycling areas, as well as grease removal containers. Compliance with All Laws, Regulations and By-laws 6. The Host shall ensure that the Event complies with all laws, regulations, by-laws and City Policies including without limiting the generality of the foregoing, all Health, Safety and Fire regulations and permissions. 7. The Host agrees to obtain a valid licence (and/or permit) from the Alcohol and Gaming Commission of Ontario to serve alcohol at the Event, and will provide the City with proof of same, prior to the Event. 8. The Host agrees to ensure that alcohol is served and/or sold in accordance with the law 9. If required by law, the Host shall be responsible for and procure, at its sole expense, any required permits and/or licenses (including without limiting the generality of the foregoing, all Health, Safety and Fire permits, Temporary Vendor's Permits, Temporary Retail Market Licenses, and Business Licenses) to cover the scheduled times of the Event and the scheduled days of the Event. Cancellation 10. In the case of cancellation of all or part of the Event, unless caused by an event of force majeure or the City's default, the Host, at its own expense, shall inform the public of such cancellation through regular information media, and in the event of the Host's failure to do so, the City reserves the right to make such cancellation announcements at the cost of the Host. Insurance and Indemnity 11. The Host shall protect, indemnify and save the City harmless from any and all claims, actions, demands and proceedings of any nature and kind whatsoever, whether brought against the City, the Host or both, and lor whether directly or indirectly arising out of or in any manner connected with the services provided by the Host or its vendors, including any costs and expenses incurred by the City thereby for loss, damage or injury, including death, to any person or persons and property, resulting from or arising out of the negligence, intentional acts or omissions on the part of the Host, its members, employees, agents, vendors or contractors arising out of the Event. 12. The Host understands and agrees that the City is carrying on construction at the Joseph and Gaukel Street areas adjacent to Victoria Park, which construction may release odors from uncovered coal tar deposits into the Event Site area, and the Host agrees that the Host is forever barred from and will not launch a cause of action, pursue any claim for damages or make any demand whatsoever upon the City, its employees, successors or assigns arising from the circumstances of this Victoria Park construction and any alleged effect such construction may be Host. The policy shall name the City as an additional insured, provide for cross liability and severability of interests, and shall not call into contribution any other insurance available to the City. A copy of a certificate of insurance evidencing such coverage shall be attached and returned to the City at the time of the signing of this Agreement. Unforeseen Circumstances 14. In the event that the Site, or any part thereof, shall be destroyed or damaged or rendered unsuitable for the Event, by fire or any other casualty, strike, lockout, labour dispute, accident, unforeseen occurrence or Act of God which prevents, interrupts or interferes with the fulfillment of this Agreement by the City, then the City shall not be responsible for any damages caused thereby and the City may terminate this Agreement. However, the City shall use it best efforts to re-book the Event at a mutually convenient and available time. Termination 15. The Host's permission to use the Site (all or part) may be terminated immediately by the City, without penalty or liability of the City, and the Host shall not be entitled to damages arising therefrom, upon material breach( es) by the Host of this Agreement and failure to remedy the breach(es) upon oral notice given by the City respecting the said breach(es) within a reasonable period of time given the circumstances and nature of the breach(es). Upon such termination the terms and obligations contained herein as they relate to the Host shall survive such termination, without limiting the generality of the foregoing, with necessary modification. Notice 16. All notices provided herein shall be to the addresses set out below and may be made by personal, by fax or by regular mail (in which case it shall be effective 5 business days from mailing): The Corporation of the City of Kitchener 200 King Street West Kitchener, Ontario N2G 4G7 Attention: Jennifer Zunic Host: Choice of Law 17. This Agreement and any associated matters hereunder shall be governed by the law of the Province of Ontario and any action commenced shall be issued, all motions heard and the action tried in the City of Kitchener (unless otherwise agreed to by both parties or their legal representatives) . Entire Agreement 18. This Agreement including any attached schedules represents the entire Agreement between the parties. Position FOR THE HOST, Date: Name Position