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HomeMy WebLinkAbout23-1005 NOCS - Otherworlds ArtsPERFORMANCE AGREEMENT This Agreement is made and entered into this 51h day of October, 2023, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"), and Otherworld Arts, LLC (hereinafter referred to as the "Artist"). For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: That Artist will provide a service as follows: See Scope of Service Attached Name and Address of Place of Engagement: Nightmare on Chicago Street, Downtown Elgin Illinois 60120 Date(s) of Engagement:_ -October 21. 2023 Type of Engagement: Varies See attached Starting and finishing time of engagement: 6pm-11pm Number of Performers: 19 Number of Location Help: 3 That the City in consideration of the artistic services of the Artist agrees to pay a total fee of Eight Thousand Dollars ($8,000). Said fee is the total compensation to be paid the Artist inclusive of any and all costs and expenses incurred by the Artist in connection with the subject performance. Deposit of 50% shall be issued to the Artist upon completion of the contract, the remaining 50% shall be made to the Artist within 30 days after the completion of the service. The parties hereto understand and agree that _ _ _ N/A acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. That the content, nature and medium of the program shall be entirely within discretion of the Artist, except that the City shall have the right to direct the Artist to discontinue any activity jurisdiction, the remaining provisions shall remain in full force and effect. All notices required herein shall be directed to the parties as follows: Alexandria Radovics Special Events Coordinator 150 Dexter Ct. Elgin, IL 60120 Payable to: Otherworld Arts LLC Manager: Pearl Lasky 267 Columbine Dr. Clarendon Hills, IL IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY BY City Manager By Its FEIN#/SSN: P a g e l PAGE \* MERGEFORMAT 3 constituting a violation of a state statute, applicable ordinances or directions of lawful authority. That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. That the City reserves the right and privilege of canceling this agreement by giving thirty (30) days prior written notice to the Artist. In the event the City cancels this performance within thirty (30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7) days of the scheduled date thereof, the Artist will be paid its full performance fee. That in the event the performance involves an outdoor performance and the City cancels the outdoor performance due to rain, the Artist agrees to perform on the same day indoors, at a later time the same day outdoors or on a later date depending upon the Artist's touring obligations. In such an event of a rain -out, Artist will be paid 100 percent of its fee whether the performance is cancelled, played indoors, postponed to a later time the same day or postponed to a later date. That the Artist reserves the privilege of cancellation by giving sixty (60) days prior written notice to the City in the event of television, motion picture or other major career enhancing engagements. That the Artist shall pay all applicable union fees. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same, Indemnification. To the fullest extent permitted by. Taw, Artist agrees to'indemnify, defend and hold harmless the City, its officers, employees, boards'. oards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Artist's officers, employees or agents in the performance of this agreement. 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. That this agreement shall be subject to and governed by the laws of the State of Illinois. Venue for any action brought pursuant to this agreement shall be in Kane County, Illinois. That the following riders are attached hereto and made a part of this agreement: see attached application if applies. It is understood and agreed between the parties hereto that in the event of any conflict between the terms of this form contract and the provisions of any rider attached hereto, that the provisions of this form contract shall control. This contract represents the entire agreement between the parties hereto. There may be no modification to the terms hereof without the express written consent of the City of Elgin. If any provisions of this contract should be deemed invalid by any court of competent Contract Expectations: Location Manager General Expectations 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 with the exception of having to replace a performer due to sickness or bodily injury that does not allow said performer to execute said duties. 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 Support Staff/Vendors: • Costuming: Fran Mitchell • Makeup: Ren Bell and Jennifer Mandy • Space reservations: Rachael Caise and Selena Tapia Location -Specific Expectations: Thunderdome: • Secure no less than 4 fire performers • Secure an Emcee • Secure no less than 4 drag queens and 3 intems • Prepare a tech time schedule for the day of the event. • Secure a drumming performance. • Secure a musical performance lasting 20 minutes in the middle of the stage lineup. • NOCS staff will provide a light board op, sound board op, and stage manager for the event. The Stage Manager will work directly with LM and Hemmens staff to call the show, be at tech and rehearsal pre -event as needed, manage the props and cast, make time calls, etc. • Be aware of all after -flow spin off and ensure safety is maintained as required. • Provide all crafting requests, rider requests, etc to the Street Theatre Coordinator • Establish a site map for approval.