HomeMy WebLinkAbout09-0609 SCSr
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.5C5PRODLJCTIONS, INC,
Location: City of Elgin
Date: July 30—August 3, 2009
Fee: Thirty-Two Thousand Five Hundred Dollars ($ 32,500.00)
This Agreement is hereby made and entered into this 9 V" day of J '..,d , 2009, by and
between SCS Productions, Inc., an Illinois corporation (hereinafter referred to as "SCS") and the
City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City").
NOW, THEREFORE, in consideration of the premises and covenants contained herein, the
sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows:
/ 1. PAYMENT City agrees to pay SCS Nine Thousand Dollars ($9,000.00) of the aforementioned
H C/SCS tfee as a deposit on or before June 15th, 2009 and the balance of an additional sum of
Twenty-Three Thousand Five Hundred Dollars ($23,500.00) in the form of a check on or before July
30. 2009 for a full total payment of Thirty-Two Thousand Five Hundred Dollars
($32,500.00). ALL DEPOSITS ARE NON-REFUNDABLE. CITY ACKNOWLEDGES THAT FULL
PAYMENT IS REQUIRED BEFORE SCS IS REQUIRED TO PERFORM UNDER THIS
AGREEMENT. Notwithstanding anything to the contrary provided for herein or by any
attachment hereto, is no event shall City be liable to SCS for any amount in excess of
Thirty-Five Thousand Five Hundred Dollars ($35,500.00); provided, however, this
liability maximum limit shall increase in direct proportion to the cost of any
additional goods or services provided to City at City's request.
/® 2. CANCELLATION This contract is cancelable--upon is cancelable by City at City's
.H C/SCS discretion upon at least eight (8) weeks prior notice. In the event City does not give the required
eight (8) weeks prior notice, City agrees to pay SCS one hundred percent (100%) of the contract
price specified at the top of this contract no later than the date originally scheduled for the event.
/ i//.? 3. OBLIGATIONS OF LESSEE City Lessee City agrees to perform the following obligations:
H C/
A. In the event City desires any changes in the stage location or design after the commencement
of the set-up then City agrees to pay SCS $450.00/day/worker to make the requisite change. Any
changes are subject to the prior written approval of SCS and SCS is under no obligation to make
said changes.
/ B. Lessee City agrees to supply adequate security for the stage and equipment supplied by Lessor
H C/ C� SCS from the time of set-up to the time Lessor SCS has dismantled the stage, lighting and sound
equipment and as left the location of the event. In the event Lessee City fails to provide said
security, Lessee City agrees to pay Lessor SCS to provide same.
4. USE This contract is subject to SCS's prior approval of the intended use of the stage and
equipment. All restrictions established by SCS as to weight capacity and use must be strictly
adhered to by City. SCS has the right to prohibit City from using the stage and equipment if they
fail to adhere to SCS's restrictions or in the event SCS determines that the weather endangers
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28 Congress Circle West 0 Roselle, IL 60172 o Voice: 847.985.6908 0 Fax: 847.985.1904
SCS Productions, Inc.
the safety of the stage or equipment. City must obtain SCS's prior written approval prior to affixing
anything to the stage structure or equipment.
5. ASSEMBLY AND DISASSEMBLY Prior to the date and time scheduled for the use of stage
and equipment, SCS shall determine the appropriate time to assemble and disassemble the
stage and equipment and shall so notify City in writing. City hereby agrees to said established
times and agrees to perform at such times as are required under the terms of this contract. SCS
has the right to relocate the stage and equipment for loading or safety reasons.
6. DEFAULT City shall be in default under this contract upon the first to occur of the following:
(a) failure to pay any amounts due and owing under this contract;
(b) failure to strictly comply with all of the terms and conditions of this contract;
/42
H C/SCS
7. DISCLAIMER SCS shall not be responsible in any manner including actual, consequential or
punitive damages for:
(a)delays caused by:
(1) inclement weather
(2) location or design changes
(3) inability of support personnel supplied by City to follow directions or timely
commence work
(b) damage to landscaping or personal property in the use, erection or dismantling of the
stage or equipment
(c) any damage to personal or real property or lives occasioned by City's improper use of
stage and equipment or failure to follow SCS' directions.
8. TITLE The equipment is and shall at all times be and remain the sole and exclusive property of
SCS; and the City shall have no rights, title or interest therein except as expressly set forth
herein.
/ 9. INDEMNITY City shall indemnify SCS against and hold harmless from, any and all claims,
H /SCS actions, suits, proceedings, costs, expenses, damages and liabilities, (excludingattorney's fees)
9 P 9 Y
arising out of, connected with, or resulting from the stage and equipment or the use thereof. City
does not indemnify or hold SCS harmless from its own negligence. SCS shall indemnify and
hold harmless City for and against any and all claims, actions, suits, proceedings,
costs, expenses, damages and liabilities (excluding attorney's fees) arising out of or
in connection with or resulting from, SCS' negligence of any of the terms or
provisions of this agreement.
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28 Congress Circle West 0 Roselle, IL 60172 o Voice: 847.985.6908 0 Fax: 847.985.1904
*cS Productions, Inc.
10. LOADING AND UNLOADING EQUIPMENT City shall hold SCS harmless from any personal
injury or property damage due to the loading and unloading of stage, lighting and sound
equipment.
11. SEVERABILITY The provisions of this agreement shall be severable so that the invalidity,
unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
12. PERSONAL PROPERTY The equipment and stage leased hereunder shall at all times be
and remain personal property notwithstanding that the equipment or stage, or any part thereof,
may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or
permanently resting upon, real property or any building thereof, or attached in any manner to
what is permanent as by means of cement, plaster, nails, bolts, screws or otherwise.
13. RIGHT OF ACCESS Immediately following SCS' performance of the terms of this Agreement,
SCS shall be entitled to immediately remove its equipment from the performance site. City shall not
retain possession of any equipment of SCS following the use of such equipment contemplated by
this Agreement.
14. NONPERFORMANCE SCS shall not be liable for failure to perform under this contract due to
acts beyond its control.
15. AMENDMENT This Agreement may be amended in whole or in part by all the parties hereto
and any such change shall become effective when reduced to writing and signed by such parties or
at such other time as said amendment may provide.
16. BENEFITS This Agreement shall be binding upon and shall inure to the benefits of, the parties
hereto and their respective heirs, personal representatives, executors, administrators, successors
and assigns.
17. CONFLICT OF LAWS This Agreement shall be subject to and governed by the laws of the
State of Illinois. Venue for the resolution of any disputes with the enforcement of any rights
arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County,
Illinois.
18. ENTIRE AGREEMENT This Agreement represents the entire agreement and understandings of
the parties hereto and all prior concurrent agreements, understandings, representations and
warranties, whether written or oral, in regard to the subject matter hereof, are and have been
merged herein.
19. WAIVER Failure to insist upon strict compliance with any of the terms herein (by way of breach
or waiver) by any of the parties hereto shall not be deemed to be a continuous waiver in the event
of any future breach or waiver of any condition hereunder.
20. INDEPENDENT CONTRACTOR This Agreement shall not be construed so as to create a
joint venture, partnership, employment or other agency relationship between the parties hereto.
21. SERVICE SCHEDULE The Service Schedule attached hereto as Exhibit A is hereby
incorporated herein and made a part hereof.
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28 Congress Circle West 0 Roselle, IL 60172 0 Voice: 847.985.6908 0 Fax: 847.985.1904
g,CS Productions, Inc.
CITY OF ELGIN SCS PRODUCTIONS, INC.
By: By: 7..‘70
Title: '@.- �Nr- Title: -eS
EXHIBIT A
H C/ S SERVICES PROVIDED by SCS
STAGING -MAIN
1 Main Stage(with load bearing roof;audio fly wings and blow through sides)—40'wide x 40'deep x 4'high
2 Dimmer/Dead Case Storage Wings(USL&USR with weather protection)-8'wide x 8'deep x 4' high
1 Black Blow Through(masking)for front edge of stage
1 Rigging Package for Audio
2 Monitor Sound Wings(SL&SR with weather protection)— 12'wide x 16'deep x 4'high
1 Storage Wing (US with weather protection)- 12' wide x 16'deep x 4' high
1 Dock and Ramp(s)
1 FOH Platform(2 tier with weather protection)—8' wide x 16'deep
1 Spot Light Tower— 10'wide x 7'deep x 16'high
STAGING—KID'S STAGE
1 Kids Stage(with load bearing roof and audio fly wings and Blow Through sides) —24'wide x 20'deep
1 Black Blow Through(masking)for front edge of stage
1 Sound Wing(with weather protection)—8'wide x 12'deep
1 FOH Platform(with weather protection)—8'wide x 8' deep x 8"high
LIGHTING
1 120K Lighting Package(with 4 3-Bank ACL's and 10 750watt Specials)
1 Spotlight Package(2 Follow Spots)
1 Cable Package
1 Control Console Package
1 Feeder Package
1 Dimmer Package
1 Truss Package
1 Motor Distro Package
1 Motor Package
1 Motor Cable Package
1 Rigging Package
1 Clear-com Package
1 Haze Package
1 Gel Package
1 Consumables Package
LABOR-SCS PROVIDED
1 Setup Technician-Stages,Crew 1 July 30,6 am—5 pm
2 Setup Technician-Stages,Crew 2 July 30,7 am—6 pm
2 Setup Technician-Lighting, Main July 31,9 am—7 pm
2 Show Technician-Main Stage August 1, 12 pm— 10 pm
2 Show Technician-Main Stage August 2, 12 pm— 10 pm
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28 Congress Circle West o Roselle, IL 60172 o Voice: 847.985.6908 a Fax: 847.985.1904
EC'S Productions, Inc.
3 Strike Technician August 3,8 am—7 pm
LABOR-CITY PROVIDED
1 Setup Technician-Stages,Crew 1 July 30,6 am—5 pm
2 Setup Technician-Stages,Crew 2 July 30,7 am—6 pm
2 Show Technician-Main Stage August I, 12 pm—10 pm
2 Show Technician-Main Stage August 2. 12 pm—10 pm
3 Strike Technician August 3,8 am—7 pm
* Labor is quoted based upon perceived needs at the time of the drafting of this contract and,as such, is
subject to change as further information becomes available. The labor quoted above is based on the
understanding that the City will provide the qualified,experienced stagehands as detailed above under
CITY PROVIDED LABOR. Unskilled manual labor is NOT acceptable. Call times listed are estimated.
Actual times TBD. City assumes responsibility for overtime charges accrued.
TRANSPORTATION—24' Box Trucks
Delivery-Staging Equipment July 30th
Delivery-Lighting Equipment July 3151
Collection-Staging Equipment August 3`d
Collection-Lighting Equipment August 3`d
HOTEL ACCOMODATIONS
2 Hotel Rooms for Stage Supervisors July 30—August 2,2009.
NOTE: All equipment is delivered, setup and taken down.
POWER REQUIREMENTS: *MAIN STAGE: 400 AMPS—3 PHASE
*Certified electrician to complete electrical tie-in and un-tie at designated time to be determined.
STAGEHANDS PROVIDED: *SEE LABOR ABOVE.
COURTESIES: WATER, SOFT DRINKS AND MEALS FOR TECHNICIANS ON DUTY
DURING EVENT HOURS.
ACCESS TO VENUE: SETUP STAGING-7/30/09
SETUP LIGHTING-7/30/09
EVENT STRIKE- 8/3/09 •
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28 Congress Circle West 0 Roselle, IL 60172 c Voice: 847.985.6908 0 Fax: 847.985.1904