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HomeMy WebLinkAbout11-0415 Green Roomr ,1 td . (ar.2a-sn RsmnA ( �, !_\ . \A _,� \' \. : ELGIN , ,0 - This agreement is hereby made and entered into this /cm day of_4e/1 , 2011 between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "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 receipt and 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 furnish the entertainment presentations ("/mprov Saturdays") hereinafter described, upon all the terms and conditions herein set forth. 1. PLACE OF ENGAGEMENT: Hemmens Cultural Center Exhibition Hall 45 Symphony Way Elgin,IL 60120-5558 (6) SIX SHOWS Scaling: $15.00 standard $ 12.00 for seniors(over age 65)and students with current school ID. Artist Comp's 60 tickets total Venue Comp's Unrestricted 2. DATE(S)OF ENGAGEMENT: Saturday, September 3,2011 Saturday,October 1,2011 • Saturday,November 5,2011 Saturday,December 3,2011 Saturday,February 4,2012 Saturday,March 3,2012 a. Number of shows per date: One(1) b. Time of Shows: 7:00 pm c. Length of each show: 90 minutes(estimated) 3. BILLING: (In all forms of advertising) Artist shall receive 100%Headline Billing 4. FULL PRICE AGREED UPON: $6,000(six thousand dollars)flat fee 5. All payments shall be paid by PURCHASER in US funds by CITY OF ELGIN check as follows: Payments shall be for $1,000 (one thousand dollars) per performance and shall be paid by City of Elgin check at intermission of each performance. ADDITIONAL TERMS AND CONDITIONS 6. PRODUCER shall be responsible for providing to PURCHASER all the personnel,equipment,and materials required for the successful presentation of /mprov Saturdays(with the exception of personnel, equipment, and materials that would 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. PRODUCER shall have the 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(s)of performance. PROCUCER shall retain 100%of Merchandise revenue. 8. PURCHASER shall have exclusive rights to sell beverages and food concessions and shall retain 100%of concession revenues. 9. 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. 10. 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 505/1, et seq.), or the Illinois Interest Act,as amended(815 ILCS 205/1, etseq.). 11. 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. 12. 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. 13. 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. 14. No official director, officer, agent or employee of the City (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. 15. PRODUCER shall not be entitled to,and hereby waives,any and all rights that it might have to file suit or bring any cause of action or claim for damages against the PURCHASER and/or its affiliates, officers, employees, agents, attorneys,boards and commissions of whatsoever nature and in whatsoever forum after two(2)years from the date of this Agreement. 16. 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written. by: by: - 4,41-7 /� eaii FEN ROOM PRODTICTIONS. INC. Cl Y OF FT.GIN