HomeMy WebLinkAbout22-0817 Cordogiannes EnterprisesPURCHASE AGREEMENT /� i L
THIS AGREEMENT is hereby made and entered into this I I day of-'N M ,
2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter reMTed to as
"City") and Cordogiannes Enterprises, LLC, an Illinois limited liability company, (hereinafter
referred to as "Cordogiannes" or "Seller").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
hereby agree as follows:
1. PURCHASE. City shall purchase, and Cordogiannes shall sell the services
described by Attachment A, attached hereto and made a part hereof.
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A, attached hereto and made a part hereof.
3. LAW/VENUE. This agreement is subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this agreement shall be the Circuit Court of Kane County, Illinois.
Cordogiannes hereby irrevocably consents to the jurisdiction 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; and Cordogiannes
agrees that service by first class U.S. mail to John Cordogan, 2222 N. Racine Ave., Unit 10,
Chicago, IL 60614 shall constitute effective service. Both parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this agreement, except in
writing and executed with the same formalities as the original.
5. MERGER. This agreement embodies the whole agreement of the parties. There are
no promises, terms, conditions or obligations other than those contained herein, and this agreement
shall supersede all previous communications, representations or agreements, either verbal, written
or implied between the parties hereto.
6. INTEREST. Cordogiannes hereby waives any and all claims or rights to interest on
money claimed to be due pursuant to this agreement, and waives 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 (50 ILCS 50511, et seq.), as amended, or the Illinois
Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive
any expiration, completion and/or termination of this agreement.
7. SEVERABILITY. The terms of this agreement shall be severable. In the event any
of the terms or the 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.
8. EXECUTION. 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.
9. CONFLICT. In the event of any conflict between the terms and provisions of this
purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement
shall supersede and control.
10. PAYMENT. City shall pay the total sum of $6,000 within thirty (30) days of
performance. The aforementioned total sum is inclusive of all freight, shipping and applicable
taxes.
11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this agreement. In no event shall City be
liable for any consequential, special or punitive damages, or any damages resulting from loss of
profit.
12. INDEMNIFICATION. To the fullest extent permitted by law, Cordogiannes
agrees to and shall indemnify and hold harmless the City, its officers, employees, boards and
commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages
or any and all other relief or liability arising out of or resulting from or through or alleged to arise
out of any,, acts of -,negligent .acts or omissions of Cordogiannes or Cordogiannes's officers,
employees, agents or subpontractors in -the performance of this agreement, including but not limited
to, all goods delivered or services or work performed hereunder. In the event of any action against
the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to
indemnify and hold harmless, such action shall be defended by legal counsel of the City's choosing.
13. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the parties hereto.
14. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,
punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights
by either parry arising out of or pursuant to this Agreement shall not constitute, and shall not be
construed as, a waiver of any such rights.
15. LIMITATION OF ACTIONS. Cordogiannes 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 City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards
and commissions of any nature whatsoever and in whatsoever forum after two (2) years from the
date of this Agreement.
16. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
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17. ARRIVAL TIME. Artist shall arrive at venue with enough time prior to scheduled
performance to complete any required technical set-up, rehearsals, sound checks, etc. Under no
circumstances shall Artist's arrival time be less than 60 minutes prior to performance.
18. FAILURE TO PERFORM. In the event the Artist fails to perform its obligations
pursuant to this Agreement, the City shall be entitled to pursue any and all remedies afforded by law
or equity. In the event any party cannot perform its obligations pursuant to this Agreement due to
an act of God, serious illness/accident or force majeure, no payments shall be due from the City
under this Agreement, and any payments made by the City to Artist or its representative(s) shall be
refunded to City within ten (10) days of written demand by the City. In the event that the City
negligently or willfully does not substantially perform its obligations hereunder, the City's liability
is strictly limited to the performance fee provided herein. In no event shall the City be liable for
any other monetary damages, including, but not limited to, compensatory, consequential, indirect,
special or incidental damages of any kind, or any costs or attorney's fees, arising from or in any
way related to any breach of the terms of this Agreement.
The person signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf.
IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above
written.
CORDOGIANNES ENTERPRISES, LLC
John Cordogan
Title
CIT ' GIN
000-1
Richard G. Kozal,(My Manager
Atte
ity Clerk
Legal DepMgreementftrchase Agreement-Cordogiannes Enterprises-NOCS 2022 8-12-22.docx
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ATTACHMENT A
THE SKINNY
When: Saturday, October 22nd, 2022 — Times 9 — 10:45pm
Where: Nightmare on Chicago St.
Who: Too Hype Crew (7), TWC's sound engineer (1), Fly Girl Dancers (2), Stage Hand (1)
How Much: $6000, payable to Cordogiannes Enterprises, mailed to:
Big City Events
Attn: John,
954 W. Webster Ave.
Chicago, IL 60614
THE DETAILS
City to provide approved sound, stage and lighting; enough bottled water for 12 people, access
to beer if possible, some sort of tent / dressing area and parking for up to 5 vehicles if possible.
THE LEGAL STUFF
1) Unless otherwise indicated, City shall provide Artist with an adequate stage as well as electrical requirements necessary
to perform the show. Artist shall not perform in unsafe conditions. Specifically, outdoor performances shall not be
performed in rainy or other wet conditions which may give rise to electrical shock. Full contract balance shall become due
immediately should weather cause a cancellation of the performance.
2) The attire worn by the Artist featured in any promotional aspect may be different than the attire worn for any of their
performances. If a particular style or type of clothing is requested for the date in question, the request must be agreed
upon by both the Artist and City before this engagement contract is signed by both parties. Song lists for the Artist are
subject to change without notice. If a particular song or artist is requested, the request must be received in writing no later
than two weeks prior to the act's performance at your event. Due to artistic limitations, all requests may not be possible.
Also, member changes for the Artist are subject to change without notice. Persons shown in any promotional picture for
the Artist may not be present for any given performance.
Too Hype Crew 2022 Stage Plot / FOH Technical Rider
Guitars, Saxophone,
Wireless Vox
r,rt !"&111"r'
Stage Rack:ck:
Wireless Miss
& IEM Units
C-Drums, Wired Vox
0
N Bass, Wireless Vox i
Keyboard, Sampler, Keyboard, Piano,
Turntable, Wireless Vox 2x Wireless Vox I Bongos, Wireless Vox
House Sound Svstem
1. System must consist of at least a three-way, Sub -Mid -High with adequate amplification and speaker enclosures to cover the Venue's
maximum capacity, and be capable of a minimum 110 db, at the FOH Console.
2. Sound System shall have even coverage throughout the venue.
3. Sound System should be flown whenever possible or appropriately elevated.
4. System shall be configured in stereo (LR).
4a. Systems configured with Auxiliary send subwoofers, shall be blended into the LR inputs of the house / production company console.
Backline and Monitors
1. All backline instruments provided by Too Hype Crew.
2. No instruments, Microphones, Cables, Stands, Monitors needed.
3. Too Hype Crew carries their own in ear monitor system and is mixed by band's FOH operator.
4. Too Hype Crew requests the entire stage be cleared of cables, stands, and house monitors prior to setup.
Festival gig: Cables and equipment from opening act will be cleared as time allows.
AC Power
1. Minimum 40 Amp (2 separate 20 amp circuit breaker service) of steady 110-120 volt power required for stage musician instrument
power.
2. Minimum additional 60 Amp (3 separate 20 amp circuit breaker service) of steady 110-120 volt power required for band provided PA
system.
3. Minimum 5 quad drop AC boxes placed at keyboard, drums, bass, and guitar areas of stage plot.
4. Minimum adequate steady AC power needed for production company provided PA and lighting system.
5. AC power required at FOH mix position, provided by venue and or production company.
Drive Lines (Stage to Mix Position
1. Too Hype Crew provides 250' consisting of one XLR cable and one Shielded Cat5e.
2. Routing of the drive lines are per venue requirements.
3. Adequate cable ramps must be provided for outdoor and or heavily trafficked areas.
4. Too Hype Crew discourages side stage FOH mixing. FOH equipment must be placed minimum 50' facing stage. Private parties have
exception.
5. Courtesy drive lines provided by the production company are encouraged and appreciated for larger outdoor / indoor events.
1. Band requests 15 min line check time prior to perFormance.
2. Too H e Crew Engineer may consider the use of pink noise evaluation for a venue provided PA system. Maximum 2 minutes.
3. No changes to the stage will be allowed after sound check.
Festival GiL,: Eve-\ reasonable effort will be made to keel) stage set-up in place.
4. Band does not travel with a lighting operator, only front of house engineer and side stage manager.
5. Adequate multi -color wash lighting at minimum, required for the stage. Musicians and Dancers must be well lit throughout performance.
6. Set up time of two hours required for non -festival events, and minimum 30 minutes for festival multi band changeovers.
7. Purchaser will require access to microphone and audio play back for costume contest taking place on stage immediately prior to Artist's performance
Production Contact Information
Brad Stephens Stage Manager 219-229-8224 bradste hens m- mail.com
Chris Johnson (CJ) FOH Engineer 414-699-4466 ceeiaysound(a�amail.com