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HomeMy WebLinkAbout18-0907 Green Room Productions Inc.J �, ELGIN THE CITY IN THE SUBURBS° 00 This agreement is hereby made and entered into this day of .]L (40 �V, 2018 between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to � "PURCHASER ") employing the services of GREEN ROOM PRODUCTIONS, INC., an Illinois corporation (hereinafter referred to as "PRODUCER "). In consideration of the mutual promises and covenants provided for herein, the sufficiency of which is mutually acknowledged, the parties hereto hereby agree as follows: The PURCHASER hereby engages the PRODUCER and the PRODUCER hereby agrees to fixrnish the entertainment presentations ( "First Fridays Improv ") hereinafter described, upon all the terms and conditions herein set forth. 1. PLACE OF ENGAGEMENT: 2. DATE(S) OF ENGAGEMENT: Hemmens Cultural Center Exhibition Hall Cabaret 45 Symphony Way Elgin, IL 60120 -5558 Nine (9) SHOWS Friday, January 4, 2019 Friday, February 1, 2019 Friday, March 1, 2019 Friday, April 5, 2019 Friday, May 3, 2019 Friday, June 7, 2019 Friday, September 6, 2019 Friday, October 4, 2019 Friday, November 1, 2019 Friday, December 6, 2019 a. Number of shows per date: One (1) b. Time of Shows: 8:00 pm C. Length of each show: 90 minutes (estimated) d. Either party hereto may cancel all September through December, 2019 engagements as a block for convenience on or before June 1, 2019 without penalty or further obligation. 3. TICKETS: a. All ticketing shall be done through the Hemmens Box Office. Green Room "Silver Season Passes" will not be honored for Improv performances at The Hemmens. Persons holding "Buy One, Get One (BOGO)" coupons, "Green Cards" or "Golden Season Passes" shall be required to obtain printed tickets through the PURCHASER'S Hemmens box office. BOGOs and Green Room "Gold Season Passes" shall count as a comp ticket. PRODUCER'S "Green Cards" shall count as a % value comp. No patron will be admitted without a ticket printed by the Hemmens Box Office. b. Audience shall not exceed 282 persons with front cocktail tables or 318 with all theatre style seating. c. Scaling: i. $ 15.00 standard ii. $ 12.00 for seniors (over age 62) and students with current school ID. iii. A 15% discount will be given on purchases of 20 or more tickets to a single performance. d. Complimentary Tickets: i. PRODUCER Comps: ii. PURCHASER Comps: BOGOs and "Gold Se. 10 tickets per performance. Any additional comps will be deducted from PRODUCER's payment at $15.00 per ticket. 10 tickets per performance icon Passes" will count as $15.00 Comp Tickets. "Green Cards" shall count as % value comp tickets 4. BILLING: (In all forms of advertising) PRODUCER shall receive 100% Headline Billing. PRODUCER shall be responsible for all paid advertising. 5. PAYMENT: All payments shall be paid by PURCHASER in US funds by CITY OF ELGIN check based on box office receipts as follows: a. PURCHASER's expenses of $ 625.00 shall be deducted from gross Box Office receipts. If box office receipts are less than the aforementioned $625.00 expenses, PRODUCER shall be liable for the difference and will reimburse PURCHASER within thirty (30) days of billing. b. Remainder of box office receipts up to $1,000.00 will be paid to PRODUCER within thirty (30) days after performance. c. In the event that the value of tickets distributed, less approved comps as described in Section 3(d) exceeds $1,625.00, the combined value of complimentary and discount tickets shall be deducted from the balance to be credited to the party providing such complimentary and discount tickets. d. The balance of the value of tickets distributed, after the deductions described in the previous paragraph, shall be split 80% to PURCHASER and 20% to PRODUCER. ADDITIONAL TERMS AND CONDITIONS 6. PRODUCER shall provide to PURCHASER all the personnel, equipment, and materials reasonably required for the successful presentation of "First Fridays Improv" (with the exception of personnel, equipment, and materials that would typically be supplied by PURCHASER in the course of a standard rental including a stage; and lighting & sound systems) including, but not limited to musicians, vocalists, ushers, stagehands, musical instruments, musical scores, programs /playbills, costumes, and set pieces or decorations. 7. PURCHASER shall set -up and strike of the following equipment: a. Center partition wall; b. Four (4) lighting trees; c. Four (4) boundary mics; d. Roland keyboard & monitor (Tuned Wurlitzer Upright if Roland is unavailable); e. Speakers and sound system; f. Lighting control, including dimmer rack, lighting console and tech platform; g. Reflector lighting for merchandise and beverage areas; h. Tables for Merchandise and Box Office areas; i. Masking for tech area and vending machines using Pipe & Drape; j. Make -up mirrors; k. Auxiliary lighting fixtures on floor stands along walls; and 1. A 16' x 16' x 16" stage and a 4' x 4' x 24" stage level using Wenger platforms (when available). 8. PRODUCER shall be set -up and strike of the following equipment provided by the PURCHASER: a. Cocktail tables and seating; b. Theatre style seating using a combination of metal folding and padded stacking chairs; and c. Dressing area using Screeflex units or Pipe & Drape. PURCHASER shall provide the following labor: a. One stagehand for up to six hours on the day of performance; b. Up to eight employee hours of box office support on the evening of the performance; c. A reasonable number of ushers to effectively seat the audience when available. 10. PRODUCER shall have the exclusive right to sell souvenir programs, photographs, CD's; DVD's and any and all types of merchandise approved by PURCHASER including, but not limited to, articles of clothing (i.e. T- shirts, hats, etc.), posters, stickers, etc. on the premises of the place of performance, as may be directed by the PURCHASER in PURCHASER'S sole discretion. PRODUCER shall retain 100% of Merchandise revenue. 11. PURCHASER shall have exclusive rights to sell beverages and food concessions and shall retain 100% of concession revenues. 12. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with this agreement shall be in the Circuit Court of Kane County. 13. 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.). 14. 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. 15. 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. 16. 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 PURCHASER. 17. 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. 18. Notwithstanding anything to the contrary in this Agreement, with the sole exception of an action to recover the monies the PURCHASER has agreed to pay to the PRODUCER pursuant to paragraph 5 herein, no action shall be commenced by the PRODUCER against the PURCHASER for monetary damages. Any action brought by the PRODUCER arising out of or in connection with this Agreement must be filed within one year of the date the alleged cause of action arose or such action will be time - barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 19. 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. 20. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 21. This Agreement 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. 22. 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. by: - by- EN ROOM PRODUCTIONS, INC. CITY OF ELGIN David Hunter Richard G. Kozal, City Manager