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Home My WebLink About11-0622 ESO 1- ciz,W . CSO • • olll�, E LG I N :: : . THE CITY IN THE SUBURBS" ---• • - Thisagreement is herebymade and entered into this ..,� day of S//i12 , 2011 between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as"PURCHASER")employing the services of the ELGIN SYMPHONY ORCHESTRA ASSOCIATION,an Illinois not-for-profit corporation(hereinafter referred to as"PRODUCER") 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 furnish the entertainment Presentation (hereinafter referred to as"Presentation")hereinafter described,upon all the terms and conditions herein set forth. 1. PLACE OF ENGAGEMENT: Hemmens Cultural Center 45 Symphony Way Elgin,IL 60120-5558 (1)ONE SHOW Scaling: 47 @$69.00 317 @$48.00 574 @$37.00 311 @$29.00 Artist Comp's 10 @$37.00 Venue Comp's Unrestricted 2. DATE(S)OF ENGAGEMENT: Saturday,October 1,2011 (rehearsal&performance) a. Number of shows: One(1) b. Time of Show: 7:00 pm c. Length of each show: 110 minutes(estimated) 3. TERMS AGREED UPON: a. PURCHASER and PRODUCER shall equally share all Box Office Receipts and income derived from any cash sponsorships obtained by either party hereto and shall equally share any documented direct expenses arising out of or in connection with the Presentation. 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. b. Any cash sponsorships procured by the PURCHASER or PRODUCER shall be considered as Box Office Receipts and will be divided as such. Sponsorships shall not be deducted from either party's expenses. Estimated PURCHASER Expenses Estimated PRODUCER Expenses Artist's Fees $ 9,740.00 Musicians'Fees $18,132.00 Travel Buy Out $ 3,600.00 Conductor $ 2,000.00 Hotel(eight rooms for two nights) $ 1,600.00 Librarian $ 400.00 Marketing $ 3,500.00 Marketing $ 5,000.00 Hospitality $ 300.00 Miscellaneous $ 500.00 Monitor Rig Rental $ 2,000.00 Labor $ 2,500.00 Licensing Fees(ASCAP) $ 390.00 Backline $ 1,500.00 Miscellaneous $ 500.00 Estimated Total (50%) S25,630.00 Estimated Total (50%) $26,032.00J 4. Payments shall be paid as follows: a. The percentage to be retained by the PRODUCER shall be deducted for 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. 5. PRODUCER shall be responsible for providing to PURCHASER all the musicians, instruments and materials required by the PRODUCER for the successful presentation of BST, EWF& a Little Chicago. PRODUCER also agrees to participate in scheduled rehearsal from 2:30—5:00PM on the date of the performance. 6. PURCHASER shall provide a venue (The Hemmens Cultural Center) and technical support suitable for the presentation as described in the JEANS'N'CLASSICS'"Technical Requirements"attached hereto and made a part hereof as Attachment"A". 7. PRODUCER shall provide the musicians as described in the JEANS 'N' CLASSICS' "Orchestra Requirements"attached hereto and made a part hereof as Attachment"B". 8. PRODUCER shall provide instruments as described in the JEANS 'N' CLASSICS' "Percussion List"attached hereto and made a part hereof as Attachment"C". 9. PRODUCER shall have the right to sell Elgin Symphony Orchestra related souvenir programs, ballet books, photographs, records, CD's, DVD's 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 receive 20%of GROSS receipts on ALL Merchandise/Concession sales. 10. This agreement and the attachments hereto are the only agreements between the parties hereto regarding the subject matter hereof.There are no other agreements,either oral or implied,between the parties hereto regarding the subject matter hereof. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 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. 17. This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. IN WITNESS WHEREOF,the parties hereto have hereunto set their names and seals on the day and year first above written. by: • by: , j1/4. fee(r-A- (' ELGIN SYMPHO ORCHESTRA CI OF ELGIN Dale Lonis,Chief E cutive Officer Sean Stegall,City Manager EVENT CONTACT: Butch Wilhelmi 20 DuPage Ct. 45 Symphony Way Elgin,IL 60120 Elgin,II 60120 847-888-0404 847-931-5905 wilhelmi b@cityofelgin.org OPERATIONAL CONTACT:Mark Mallamo TECHNICAL CONTACT: Patrick Raddatz 847-888-0404 m.mallamo@elginsymphony.org 847-931-5904 raddatz_p@cityofelgin.org ATTACHMENT "A" TECHNICAL REQUIREMENTS Blood, Sweat, Tears; Earth, Wind, Fire ... and a Little Chicago. General: In our experience we have for the most part found the house techs/sound companies as provided by host orchestras to be highly competent professionals who know and understand the needs of their orchestra and their performance venue. As such we are comfortable in trusting their recommendation and expertise. Conceptually all Jeans `n Classics productions are designed to feature the sound of the orchestra and as such the band and the orchestra should be equally sharing the musical picture as opposed to the orchestra being mixed into the back ground. The following are simply guidelines. Strings • Contact mics on all strings is ideal • If impossible separate mics per player or minimally 1 mic per desk Winds • One mic per wind Brass • One mic per brass instrument Percussion • Individual mics on the congas/bongos area • Ambient mics on the "toys" for wind chime, tambourine etc, where the player can approach the mic • Individual mics on the vibes/marimbas area • Timpani and bass drums may or may not need ambient mics depending on the venue Monitors • Generally we are trying to create a quiet on-stage sound in order to give front-of-house the optimum orchestral head-room. Therefore in-ear monitor systems are ideal for the band and vocalists. (Some of our personnel will bring their own in-ear monitors). • If an in-ear system is not possible: o Small wedge monitors are required across the front line for the vocalists; • one monitor in the area of the drummer/ebass; • one monitor for the pianist; and one for the Conductor. • If you have additional monitors they would be beneficial near the brass and percussion sections. • Note — It is very important that the monitor operator be sensitive to the orchestra in keeping the monitor levels as low as our personnel are comfortable with. o A set of scores can be provided for the soundman if required in order to follow the arrangements. Special • Vocal mic required at keyboard • Our featured trumpet player will join the section from time to time in addition to being up front. • Concertmaster up front features in 'Feels So Good' and '25 or 6 to 4' Lead Vocalist (s) • 2 lead vocal mics required (cordless) Back Up Vocalist (s) • 2 backup mics required (cordless) Drums Standard Yamaha 5 piece (Choose from any of the following, in order of preference): 1. Recording Custom 2. Maple Custom 3. Oak Custom 4. Absolute Series (Birch, Maple, or Oak) Or an equivalent DW 5 piece (i.e.; Collector's Series Maple) Specifications: A. 22" or 20" Bass Drum B. 14" WOOD Snare Drum (Any depth, NO PICCOLO) C. 10" Mounted Rack Tom (mounted on Bass Drum) D. 12" Mounted Rack Tom (mounted on Bass Drum) E. 14" Mounted or Freestanding Floor Tom (Mounted on Freestanding combination Cymbal/Tom stand) *(10-12-14 Tom combination is preferred, other combinations will suffice: 8-10-12(mounted floor), or 10-12-16 (freestanding floor) MUST always have a 2" interval between Rack Toms, and at least a 2" interval between second Rack Tom and Floor Tom (NO 12-13 Rack Tom combination) F. 1 Yamaha/DW Snare Drum Stand G. 3 Yamaha/DW Cymbal Stands with boom option H. 1 Yamaha/DW Hi Hat Stand with clutch I. 1 Yamaha/DW or comparable PROFESSIONAL Drum Throne (Stool) — must be in PERFECT working condition. J. 1 Yamaha/DW Bass Drum Pedal (or Tama "Iron Cobra") K. 20" or 22" Ride Cymbal (Zildjian or Sabian only) L. 2 Crash Cymbals of different sizes, chosen from 14", 15",16",17" or 18" - dark or thin (Zildjian or Sabian only) M. 1 pair of 14" or 13" Hi Hat Cymbals (Zildjian or Sabian only) N. Heads: a. Bass Drum Head should be Remo Pinstripe or Clear Ambassador or Clear Emperor (or comparable PROFESSIONAL Manufacturer — Evans/Aquarian) Resonant (Front) Head with hole b. Snare Head MUST be Remo white coated Ambassador Batter (top) with Remo Clear Diplomat Snare Head (bottom) c. Toms should be Remo Pinstripe or Clear Ambassador or Clear Emperor Top Heads, and Remo Clear Diplomat Bottom Heads (or comparable PROFESSIONAL Manufacturer— Evans/Aquarian) O. Drum Rug (suggested size: 8X8) P. 1 Drum Key Q. Plexiglas drum shield/encasing required Electric Bass (Mitch Tyler) • Bass player to provide Behringer mixer and will need line from front of house • Bass player will use his own "in ears" or headphones • Bass guitar to be provided (one of the following): • 4- String Fender Precision (American made preferred) Guitar • Guitarist will bring processing equipment for electric guitar • A DI line will be required • A second DI line will be required for acoustic guitar Keyboard/Piano • Grand piano • or if not available then Roland RD700SX digital piano or Yamaha P250 to be provided Miscellaneous • 3 guitar stands to be provided . ATTACHMENT "B" ORCHESTRAL REQUIREMENTS Blood, Sweat, Tears; Earth, Wind, Fire ... and a Little Chicago. 2 Flutes 2 Oboes 1 or 2 Clarinets 2 Bassoons 2 Horns 2 Trumpets 1 Trombone 2 Percussionists (Both able to double) Strings • • ATTACHMENT "C" PERCUSSION REQUIREMENTS Blood, Sweat, Tears; Earth, Wind, Fire ... and a Little Chicago. Tympani Vibraphone Xylophone Glockenspiel Bongos Congas Shaker / Egg Cowbell Finger Cymbals Go Go Bells Temple Blocks Woodblock Tamborine