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HomeMy WebLinkAbout23-0802 NOCS - PyrotechniqSERVICE AGREEMENT THIS SERVICE AGREEMENT ("Agreement") is hereby made and entered into this 2 n d day of August 2023, by and between the City of Elgin, Illinois, an Illinois home rule municipal corporation (hereinafter "City") and PYROTECHNIQ INC an TYPE OF ENTITIY SUCH AS: Illinois limited liability corporation, (hereinafter "PYROTECHNIQ"). 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. SERVICES. The City shall purchase, and PYROTECHNIQ shall perform the Services in accordance with the price, terms and conditions contained herein (collectively, "Services"). a. Date of Services. O c t o b e r 2 1, 2 0 2 3("Performance Date"). b. Cost of Services. The City shall pay PYROTECHNIQ a total Twenty- O n e Thousand Two Hundred Fifty Dollars ($21,250.00) for the performance of Services (hereinafter "Cost of Services''). The City will pay Ten Thousand Six Hundred Twenty -Five Dollars ($10,625.00) to PYROTECHNIQ at least four (4) weeks prior to the Performance Date. If PYROTECHNIQ satisfactorily completes the Services, in the City's sole discretion, the City will pay the remaining Ten Thousand Six Hundred Twenty -Five Dollars ($10,625.00) to PYROTECHNIQ. c. Location of Services. PYROTECHNIQ will perform the Services at Nightmare On Chicago Street, Downtown Elgin. d. Time of Service.. PYROTECHNIQ will perform the Services on October 21It, 2023, 6pm711 pm ("Time of Performance"). e. Description of Services. PYROTECHNIQ will perform the following Services: PYROTECHNIQ shall supply, at its sole cost and expense, See Attachment. The PYROTECHNIQ must issue payments to artists as outlined in the attachment. The PYROTECHNIQ will retain a Two Thousand Dollar ($2,000) payment for services. f. Sound and Setup. At least Forty -Five (45) minutes prior to the Time of Performance, PYROTECHNIQ will perform all necessary sound and setup arrangements necessary to perform the Services, at its sole cost and expense. 2. 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. PYROTECHNIQ 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 PYROTECHNIQ agrees that service by first class U.S. mail to 51 S. Spring St. Unit 313, Elgin IL, 60120 shall constitute effective service. Both parties hereto waive any rights to a jury. 3. NO MODIFICATION. There shall be no modification of this Agreement, except in writing and executed by both parties hereto with the same formalities as the original agreement. 4. 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. 5. INTEREST. PYROTECHNIQ 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, etseq. ), 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. 6. 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. 7. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, PYROTECHNIQ 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, PYROTECHNIQ hereby certifies, represents and warrants to the City that all of PYROTECHNIQ' employees and/or agents who will be providing Services with respect to this Agreement shall be legally authorized to work in the United States. PYROTECHNIQ shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the Services to be provided for in this Agreement. The City shall have the right to audit any records in the possession or control of PYROTECHNIQ to determine PYROTECHNIQ' compliance with the provisions of this section. In the event the City proceeds with such an audit, PYROTECHNIQ shall make available to the City PYROTECHNIQ' relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 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, e-mail or other 2 electronic means shall be treated in all manner and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine, or e-mail, or other electronic means shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed, e-mailed or other electronically transmitted 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 electronically transmitted correct 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. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the Cost of Services 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. 10. INDEMNIFICATION. To the fullest extent permitted by law, PYROTECHNIQ agrees to and shall indemnify, defend 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 or negligent acts or omissions of PYROTECHNIQ or PYROTECHNIQ' officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all 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, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 11. INSURANCE. PYROTECHNIQ will provide, pay for and maintain in effect, during the term of this Agreement, comprehensive automobile liability insurance covering all owned, non - owned and hired motor vehicles used in connection with the Services with limits of not less than $500,000 per occurrence for damages to persons or property. PYROTECHNIQ will also provide, pay for and maintain in effect, during the term of this Agreement, worker's compensation insurance in amounts required under the laws of the State of Illinois. At the request of the City, PYROTECHNIQ will provide to the City certificates of insurance regarding the insurance required in this paragraph. 12. TERMINATION. Notwithstanding any other provision hereof, the City may terminate this Agreement upon providing written notice to PYROTECHNIQ thirty (30) days before the Performance Date. 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 party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. lj 15. LIMITATION OF ACTIONS. PYROTECHNIQ 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. NO OTHER AGREEMENTS. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral, written or implied, between the parties hereto regarding the subject matter hereof. This Agreement may only be altered or modified by written instrument signed by both parties. 17. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. The person signing this Agreement certifies that s/he has been authorized by PYROTECHNIQ to commit the PYROTECHNIQ 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. CITY OF ELGIN G Richard G. Kozal, City Manager Attest: TiAe 19 6 � City Clerk El Contract Expectations: Location Manager General ExIlectations Role Description: • Location Manager. The Location Manager will manage all aspects of talent, booking, staging, etc. leading up to and during Nightmare on Chicago Street. Duties: • Communicate in a timely manner, with no more than 48 hours between communication requests. • Maintain a feasible work plan in conjunction with the NOCS overall work plan and adhere to all deadlines. • Maintain a working budget and adhere to all lines as set by City Staff. • Maintain a professional appearance and attitude when representing NOCS the event and brand. • Be the main point of contact for all things related to your location. • Work with city staff and NOCS staff to ensure that all performer needs are met, and safety is ensured. • Work directly with NOCS Artistic staff to fulfill the artistic vision of the event. • Locate and review all potential talent for your location. • Secure all talent riders, needs, and availability for presentation and approval of the NOCS Artistic Staff. • Communicate and book any necessary support work such as costuming, make-up, and stage work to prepare for event day as is in line with your budget with the NOCS costuming and makeup crew. All final bookings and designs must be approved by NOCS Artistic Staff. • Provide a full list of support team, performers, and those involved in the location no less than 30 days in advance. This list should include full names, acting name, phone number, and email address. Involvement Limits: • The Location Manager will not make any artistic or financial decisions beyond those expressly approved by the NOCS Artistic Staff. • Staging, lighting, sound, and rigging may not be altered in any way. • Live flames must be pre -approved no less than 60 days in advance. • Aerial arts must be pre -approved no less than 60 days in advance. • Location Manager is not able to approve, sign, or enter into any agreements on behalf of the city. NOCS Staff/City Staff: • Judi Brownfield- Street Theatre Director • Rachel Caise- Street Theatre Coordinator • Fred Wimms- Artistic Director • Alexandria Radovics- Special Event Coordinator • Amanda Harris- Director of Cultural Arts & Special Events • Selena Tapia - Assistant Street Theatre Coordinator • Smooch Medina- Hemmens Technical Director • Butch Wilhelmi- Hemmens Director Su ort StaffNendors: • Costuming: Sam Gunderman • Makeup: Ren Bell and Jennifer Mandy • Space reservations: Rachael Caise and Selena Tapia Location -Specific Expectations: Wrestling Ring: • 30 minutes of entertainment that repeats for the event time. • Prepare a tech time schedule for the day of the event. • Secure an Emcee • Secure the following performers (Subject to change at the discretion of the NOCS artistic team): o Wrestler Ron White o Emcee 0 2 Drummer o Fire/sparks 0 2 sexy zombie card girls (Gigi and Santana o Exterminator o Spider 0 5 Marvel Characters o Nurse and Needle Cel o Cheer vs football o Dracula and the dame • Be aware of all after -flow spin off and ensure safety is maintained as required. • NOCS staff will provide a sound board op, and light board op/stage manager for the event. The Location manager will work directly with the Hemmens staff to call the show, be at tech and rehearsal pre -event as needed, manage the props and cast, make time calls, etc. • Provide all crafting requests, rider requests, etc to the Street Theatre Coordinator • Establish a site map for approval. Location -Specific Expectations: Cir«ue du Freak: • Secure no less than 3 aerialists o No less than 1 silk/hammock performer. o No less than 2 lyra performers • Secure the following positions (Subject to change at the discretion of the NOCS artistic team): o Manager/Clipboard Ringmaster Coat o Clown and Ringmaster o Moulin Rouge o Moulin Rouge o Juggler Acro Bones o Stilt walker o Popcorn girl o Carousel Girl o Fire performer o Sparks Performer o Fire Safety 0 2 Evil clown LED o Tutu clown • Prepare a tech time schedule for the day of the event. • Provide all crafting requests, rider requests, etc to the Street Theatre Coordinator • NOCS staff will provide a floating tech assistant for the event. • Establish a site map for approval. 7 Location -Specific Expectations: Roving Street Theatre: • Secure a "C" Street Supervisor • Securing the following talent positions (Subject to change at the discretion of the NOCS artistic team): o No less than 3 Sewer Savages o No less than 6 window performers o No less than 3 performers for Kingdom La Planta o Plane Stuntmen • Be aware of and ensure safety is maintained as required. • Provide all crafting requests, rider requests, etc to the Street Theatre Coordinator • NOCS staff will provide a floating tech assistant for the event. • Establish a site map for approval. 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