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HomeMy WebLinkAbout18-0309 Schaumburg on StageELGIN THE CITY IN THE SUBURBS- This agreement between the CITY OF ELGIN,,On Illinois municipal corporation (hereinafter referred to as "PURCHASER ") and SCHAUMBURG ON l , an 1 rofit corporation (hereinafter referred to as" PRODUCER ") is hereby made and entered into on this ay o ((( 2018. For and in consideration of the promises and covenants contained herein, the sufficiency of which is mutually acknowledged by the parties hereto, the parties hereto hereby agree as follows: The PURCHASER hereby engages the PRODUCER and the PRODUCER hereby agrees to provide to the PURCHASER the entertainment presentation Sister Act (hereinafter referred to as "Presentation ") hereinafter described, upon all the terms and conditions herein set forth. 1. PRESENTATION: 2. PLACE OF ENGAGEMENT: Scaling: Producer's Comps: 36 2. DATE(S) OF ENGAGEMENT: a. Number of shows: b. Time of Show: TERMS AGREED UPON: Elgin Summer Theatre, Sister Act Hemmens Cultural Center 45 Symphony Way Elgin, IL 60120 -5558 (6) SIX SHOWS $20.00 Adult, Radio Comps: 40 $17.00 Student/Senior Purchaser Comps: 36 Six (6) Friday, August 10, 2018 at 8:00pm Saturday, August 11, 2018 at 8:00pm Sunday, August 12, 2018 at 3:00pm Friday, August 17, 2018 at 8:00pm Saturday, August 18, 2018 at 8:00pm Sunday, August 19, 2018 at 3:00pm a. PURCHASER shall provide a venue (The Hemmens Cultural Center) and reasonable technical support suitable for the presentation to the PRODUCER as attached hereto and made a part hereof as Attachment "A ". b. PURCHASER shall provide reasonable labor, marketing support, Seat Advisor Box Office ticket expenses (set -up costs, printing, etc.), and other mutually agreed upon miscellaneous support as attached hereto and made a part hereof as Attachment "A ". C. PRODUCER shall provide and pay for all other aspects of the production including, but not limited to, royalties, artist fees, transportation, hospitality, and production equipment not provided by the PURCHASER including, but not limited to, backline, musical instruments, and supplemental lighting, rigging and sound as attached hereto and made a part hereof as Attachment "B ". d. PURCHASER and PRODUCER shall share all Box Office Receipts based on the following payout schedule: 1. Documented expenses of PURCHASER; 2. Documented expenses of PRODUCER; 3. Remaining receipts split 80% to the PRODUCER, 20% to the PURCHASER; The amount of any such box office receipts, cash sponsorships and documented direct expenses commensurate with the Presentation shall be determined by the PURCHASER in the PURCHASER's sole discretion. Payments shall be paid as follows: a. If applicable, the amount to be retained by the PRODUCER shall be deducted from any outstanding balance owed to the PURCHASER by the PRODUCER. b. If the PRODUCER has no outstanding balance, payment will be made by City of Elgin check within thirty (30) days of a determination of final income, expenses and distribution amounts as provided for herein. PRODUCER warrants that it has the authority to enter into an agreement for the presentation of Sister Act to be performed at The Hemmens Cultural Center as described above. PRODUCER shall have the right to sell souvenir programs, ballet books, photographs, records, CDs, DVDs and any and all types of merchandise/concessions (excluding beverages) including, but not limited to, articles of clothing (i.e. T- shirts, hats, etc.), posters, stickers, etc. on the premises of the place(s) of performance. PURCHASER shall retain 10% of GROSS merchandise sales excluding CDs and DVDs. This agreement and the attachments hereto 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. 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. 9. PRODUCER hereby irrevocably consents to the jurisdiction and venue 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 without jury; and PRODUCER agrees that service by first class U.S. mail to 1925 Wright Blvd., Schaumburg, IL 60193 shall constitute good and effective service. 10. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 11. To the fullest extent permitted by law, PRODUCER agrees to indemnify, defend and hold harmless PURCHASER, its officers, employees, boards and commissions from and against any and all claims, other relief arising out of or resulting form or through or alleged to arise out of any reckless or negligent acts or omissions of PRODUCER'S officers, employees or agents in the performance of this Agreement. In the event of any action against PURCHASER, 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 PURCHASER'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 12. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the PRODUCER 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, PRODUCER hereby certifies, represents and warrants to the City that all PRODUCER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to perform such work and/or services in the United States. The City shall have the right to audit any records in the possession or control of the PRODUCER to determine PRODUCER'S compliance with the provisions of this section. In the event the City proceeds with such an audit the PRODUCER shall make available to the City the Artist's relevant records at no cost to the City. The cost of any such audit shall be at the sole expense of PRODUCER up to the amount of $900. 13. No official director, officer, agent or employee of the PURCHASER 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. 14. Notwithstanding anything to the contrary provided herein, PURCHASER shall not be liable to PRODUCER for attorneys' fees or any incidental, indirect or special damages of any kind. 15. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 16. PRODUCER 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 ILCS 50511, et seq.), or the Illinois Interest Act, as amended (815 ILCS 205 /1, et seq.). IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. Xmyylklic- 'RODUC by,P HASER: enoit, Executive Director Richard G. Kozal, City Manager Schaum g on Stage /point2productions EVENT CONTACT: Butch Wilhelmi 1925 Wright Blvd. 45 Symphony Way, Elgin, I160120 Schaumburg, IL 60193 847 - 931 -5905 wilhelmi bAcityofelgin.org 630 - 632 -8911 TECHNICAL CONTACT: Patrick Raddatz 947 - 931 -6016 raddatz; pAcitvofel ig n_org 2018 Elgin Summer Theatre Co- Promotion Agreement PURCHASER Responsibilities Attachment A PURCHASER shall provide the following services and equipment reasonably required for the presentation: Audition/Rehearsal/Performance Space: a. When available, Purchaser will provide space within the Hemmens Cultural Center (HCC) for auditions, call - backs, rehearsals and production prep (set building, etc.). Space may be on stage, in the exhibition hall, or in other spaces depending on availably based on the HCC rental schedule. Final availability will be determined no later than twenty-one (21) days prior to the scheduled activity; b. If the HCC is not available, PURCHASER shall endeavor to arrange for an alternate location. However, PURCHASER will not guarantee alternative space if HCC is not available; c. The stage and associated spaces will be made available for "tech week" beginning no later than the Sunday prior to the first performance. d. The stage and associated spaces will be made available for performances to be presented on the following schedule: i. Friday, August 10, 2018 at 8:00pm ii. Saturday, August 11, 2018 at 8:00pm iii. Sunday, August 12, 2018 at 3:00pm iv. Friday, August 17, 2018 at 8:00pm v. Saturday, August 18, 2018 at 8:00pm vi. Sunday, August 19, 2018 at 3:00pm e. The stage and associated spaces will be made available for a brush -up rehearsal on Thursday, August 16, 2018. HCC Equipment -equipment will be provided for use by approved members of PRODUCER'S production crew: a. PURCHASER shall make available all reasonable production equipment in the HCC inventory including but not limited to microphones, effects, lighting equipment, rigging equipment and staging equipment; b. PURCHASER shall make available all reasonable front -of -house equipment in the HCC inventory including but not limited to tables, chairs and skirting. c. PURCHASER shall make available all reasonable set - building tools and equipment in the HCC inventory including but not limited hand tools, power saws and drills, and metal working tools; d. PURCHASER shall make available all reasonable set pieces, props and costumes in the HCC inventory for use by PRODUCER. 3. HCC Box Office Services and Marketing Support: a. Tickets will be sold through the HCC Box Office: at the Box Office window, over the phone and on the internet; b. PURCHASER will provide at cost HCC Box Office staff and Head Usher for performances. Additional ushers will be responsibility of PRODUCER; c. PURCHASER will work with PRODUCER to develop marketing materials to be distributed via social media, email blasts and posters /flyers; d. PURCHASER will provide in -house printing services (within its capabilities) for posters, flyers, programs and other materials. 4. HCC Production Labor: a. PURCHASER will provide at cost HCC stagehands as reasonably required for presentation; b. When feasible, HCC staff will not be scheduled to supervise PRODUCER's use of facility (for instance, no additional staff will be scheduled for use during regular business hours or if staff is already scheduled for other users). However, expenses for HCC labor scheduled specifically for supervision of and/or assistance to PRODUCER will be deducted from the box office receipts as described in paragraph 3 of the Co -Pro Agreement; c. PURCHASER shall provide at cost HCC event staff of at least one lighting person, one sound operator, one deck/rail person and one floater. PRODUCER may provide volunteers approved by PURCHASER to fill all other event positions including Stage Manager(s), follow -spot operator(s) and additional lighting, sound and deck/rail positions. PRODUCER may also utilize additional HCC event staff to fill positions at cost; d. PURCHASER reserves the right to fill vacant event staff positions at its sole discretion as is required for a safe and proper presentation. Such costs to be deducted from the box office receipts as described in paragraph 3 of the Co -Pro Agreement; 2018 Elgin Summer Theatre Co- Promotion Agreement PRODUCER Responsibilities Attachment B PRODUCER shall provide the services and equipment reasonably required for the presentation including, but not limited to: 1. Rights, Royalties and Required Documents: a. PRODUCER shall secure and pay for all required licenses, rights and royalties required for presentation of Sister Act; b. PRODUCER shall secure and pay for all associated licensed materials required for the presentation; including but not limited to scripts, scores, librettos, marketing materials and production resources; c. PRODUCER shall provide to the PURCHASER a certificate of insurance evidencing general liability insurance with limits of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. Such insurance shall name PURCHASER as additional insured. 2. Artistic and Production Staff: a. PRODUCER shall provide artistic staff required for successful presentation; including, but not limited to Director(s), Music Director(s) and Choreographer(s); b. PRODUCER shall provide production staff required for successful presentation; including, but not limited to Technical Director, Lighting, Sound, Set and Costume Designers; and Stage Manager(s). PRODUCER may choose to use Hemmens Cultural Center (HCC) staff for production staff in which case personnel costs will be deducted from the box office receipts as described in paragraph 3 of the Co -Pro Agreement; c. PRODUCER shall provide musicians as required for the presentation. PRODUCER shall be responsible for providing musical instruments and/or backline required for the presentation not otherwise provided by the musicians; d. If required, PRODUCER shall provide all necessary sound effects and/or auxiliary music for the presentation. Sound files will be provided in a format approved by the Hemmens Technical Supervisor; e. PRODUCER shall provide personnel required for the construction, painting and decorating of all set - pieces, props, costumes and materials required for presentation. 3. Production Materials: a. PRODUCER shall be responsible for providing all presentation related materials including but not limited to, costumes, props, practicals, and set pieces; b. PRODUCER shall be responsible for materials, tools and labor required to modify materials as warranted and for the return of materials to their original condition if applicable. 4. Auditions, Casting and Rehearsals: a. PRODUCER shall conduct all auditions and call -backs as required to adequately cast the presentation; b. PRODUCER shall conduct regularly scheduled rehearsals of a length and number necessary for an artistically successful presentation. 5. Marketing and Promotions: a. PRODUCER shall be responsible for design and development of all marketing materials including, but not limited to audition posters & flyers, show posters & flyers and programs; b. PRODUCER shall be responsible for creation of any publicity photos are videos to be used in promoting presentation. c. PRODUCER shall be responsible for placement of approved advertising in print, online and broadcast media, and all associated expenses; d. All marketing materials must include Elgin Summer Theatre, Daily Herald, Hemmens Cultural Center and Elgin Cultural Arts Commission logos; e. PRODUCER shall endeavor to provide cast members for promotional opportunities as availability allows. Promotional opportunities may include interviews, photo shoots, parades, etc. 6. PURCHASER Approvals: a. PRODUCER shall provide a schedule of requested Hemmens usage to the Cultural Center Director at lead 45 days prior to commencement of auditions. Any request for changes to the approved schedule must be submitted to the Cultural Center Director in a timely fashion. Accommodation of requested changes is not guaranteed but will not be unreasonably withheld; b. PRODUCER shall submit any plans and diagrams related to sets, lighting, sound and rigging for review and approval by Hemmens Technical Supervisor to insure plans are feasible and safe; o. All personnel provided by PRODUCER must be approved by PURCHASER prior to using tools and/or equipment provided by HCC; d. All marketing plans and materials must be approved by PURCHASER prior to distribution;