HomeMy WebLinkAbout20-0106 UAC Theatre CompanyJ ICI
ELGIN
THE CITY IN THE SUBURBS -
CO:
This agreement between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "PURCHASER") and Up
and Coming Theatre q2mpany, an Illinois not -for -profit corporation (hereinafter referred to as" PRODUCER") is hereby made and
entered into on this W day of . 7-OW.
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 (hereinafter referred to as "Presentation") hereinafter described, upon all the terms and conditions herein set
forth.
1. PRESENTATION:
2. PLACE OF ENGAGEMENT:
Elgin Summer Theatre - In the Heights
Hemmens Cultural Center
45 Symphony Way
Elgin, IL 60120-5558
(6) SIX SHOWS
Scaling: Up to 2,100 Q
Adults: $20.00 advance / $25.00 at the door
Students: $15.00 Seniors (Age 62+) $15.00
Group Discount: 15% off adult price ticket for groups of 20+ for a single performance
Producer's Comps: 36 Radio Comps: 40 Purchaser Comps: 36
3. DATE(S) OF ENGAGEMENT: In the Heights
a. Number of shows: Six (6)
b. Times of Show: Friday, July 17, 2020 at 7:30pm Friday, July 24, 2020 at 7:30pm
Saturday, July 18, 2020 at 7:30pm Saturday, July 25, 2020 at 7:30pm
Sunday, July 19, 2020 at 3:00pm Sunday, July 26, 2020 at 3:00pm
4. TERMS AGREED UPON:
a. PURCHASER shall provide a venue (The Hernmens Cultural Center) and reasonable technical support suitable for
the presentation to the PRODUCER as attached hereto and made a part hereof as Attachment "A".
v. 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".
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, Cultural Arts Commission funding, program
ad sales, and cash sponsorships related to Presentation to be disbursed based upon the following payout schedule:
I. First, Purchaser shall be paid for all documented expenses of PURCHASER;
2. Next, Producer shall be paid for all documented expenses of PRODUCER;
3. Any remaining receipts shall be paid 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 dis,-retion.
5. Payments shall be paid as follows:
a. If applicable, the amount to be paid to the PRODUCER shall be reduced by any outstanding balance owed to the
PURCHASER by the PRODUCER.
b. After the deduction of any outstanding balance owed to the PURCHASER by the PRODUCER, payment will be made
to the PRODUCER in accordance with paragraph 4.d. by City of Elgin check within thirty (30) days of a determination
of final income, expenses and distribution amounts as provided for herein.
6. PRODUCER warrants that it has the authority to enter into an agreement for the presentation of "In the Heights" to be
performed at The Hemmens Cultural Center as described above.
7. 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, o:: the premises of the placc,$) of perto mance. ?;,FRCHASER shall reserve the right to provide its
standard lobby beverage service and shall retain all revenues from beverage and related sales.
8. 71e vr—vices provided for in his Agreement shall be performed or provided between the date of execution and July 27, 2020.
iris Agreement may be renewed under the same terms and conditions for up to two additional one-year terms upon the mutual
agreement of hot,, parties.
9, agreement and Cie attecirments hereto is the only agreement between the parties •ereto regarding the subject matter hereof.
...tie are no oti:er agreerncats; either crai, written or implied, between the parties hereto regarding the subject matter hereof.
10. T leis egreemest may be exemned in counterparts, each cf which shall be an original and ail of which shall constitute one and the
saIn6 agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or
e-grail shall be treated itl all-nnanners and respects as an original document. The signature of any party on a copy of this
ag •� nncnt tra sinitted by fax nachine or e-mail shall be considered for these purposes as an Original signature and shall have the
sum& iegai effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the
same binding legal sff c. as at. original docurlert. 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 Arid shali forever waive such defense.
11_ 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 the address
listed below PRODUCER's signature shall constitute good and effective service.
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 otherwse 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, t,om ds and commissions from and against any and all claims, other relief arising out of or resulting form or through
o: alleged to arise cut of any reckless or negligent acts or omissions of PRODUCER'S officers, employees or agents in the
performance of ti.ls Agreement. In the event of any action against PURCHASER, its officers, employees, agents, boards or
cciu-nissionr covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal
counsel of t :: PbRCHASER'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of
,his Agreement.
14. Notwithstanding any c°bier provision of this Agreement it is expressly agreed and understood that in connection with the
perfo -nar_ce 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 respcet
m 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.
15. No official director, officer, agent or employee of the PURCHASER shall be charged personally or held contractually liable
under any to .in 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.
18. PRODUCER hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and any and
ail 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 20511, et seq).
IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above written.
B 'e PRODUCE&.: b
dsey l 'eiss Richard G. Kozel, City Manager
Up and Corning Theatre Company EVENT CONTACT: Butch Wilhelmi
1615 N. Arlington Heights Rd. Unit C 45 Symphony Way, Elgin, I160120
Arlington Heights, IL 60004 847-931-5905 wilhelmi b cityofel isg l.org
224-558-3913
TECHNICAL CONTACT: Patrick Raddatz
847-931-6016 raddatzr)Ccdcityofelgin.org
C.
d.
i. Conceptual text, diagrams and/or renderings for the production design including, but not
limited to sets, costumes, lighting, sound and rigging will be available for review and comment
at pre -production meeting;
ii. Scale drawings of the stage layout will be provided by beginning of second week of rehearsals;
iii. Final detailed production designs including, but not limited to sets, costumes, lighting, sound
and rigging plots will be distributed no later than June 12, 2020.
All personnel provided by PRODUCER must be approved by PURCHASER prior to using tools and/or
equipment provided by HCC;
All marketing plans and materials must be approved by PURCHASER prior to distribution;
2020 Elgin Summer Theatre
Co -Promotion Agreement
PURCHASER Responsibilities
Attachment A
PURCHASER shall provide the following services and equipment reasonably required for the presentation:
1. AuditionlRebearsal/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, July 17, 2020 at 7:30pm
ii. Saturday, July 18, 2020 at 7:30pm
iii. Stmday, July 19, 2020 at 3:00pm
iv. Friday, July 24, 2020 at 7:30pm
v. Saturday, July 25, 2020 at 7:30pm
vi. Sunday, July 26, 2020 at 3:00pm
e. The stage and associated spaces will be made available for a brush -up rehearsal on Thursday, July 23,
2020.
2. 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, Head Usher, and ushers for performances;
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. PURCHASER will provide at cost HCC stage manager for all auditions, call-backs, rehearsals and
shows;
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, 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;
2020 Elgin Summer Theatre
Co -Promotion Agreement
PRODUCER Responsibilities
Attachment B
PRODUCER shall provide the services and equipment reasonabiv 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 In the 13eights;
b. PRODI_CBR 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
:o 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 Assistant Stage
N4anager(s). PRODUCER may choose to use Hemmens Cultural Center (HCC) staff for production
staff in xi_icl case personnnei costs will be deducted from the box office receipts as described in
paragraph 3 of tJ s Co -Pro Agreement;
C. .-. —RO :)UCEa sl all prmride musicians as required for the presentation. PRODUCER shall be
:espcnsible for providing musical instruments and/or backline required for the presentation not
otherwise provided by the musicians;
d. If .e ;wired, PRODUCER shall provide all necessary sound effects and/or auxiliary music for the
pre..atalk,r. Sound files will be provided in a format approved by the Hemmens Technical Supervisor;
e. PRODI CER shall provide personnel required for the construction, painting and decorating of all set-
p'eces, prop.., costumes and materials required for presentation.
f. = RCDi 7 ER sNail make its artistic and production staff available for regularly scheduled production
mYet;.ngs with rIfemmens production team including a pre -production meeting to take place prior to first
a!�kr :t.ori. M-Meting schedules to be determined.
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. PRODUCEIR 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 and/or videos to be used in
pror_:oting 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, Bravo Magazine, Hemmens Cultural
Center and Elgin Cultural ruts 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
least 45 days prior to commencement of auditions. Any requests 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 Henunens Technical Supervisor to insure plans are feasible and safe on the following
schedule: