HomeMy WebLinkAbout24-0308 State Line - LOS SEMENTALES DE NUEVO LEONSERVICE AGREEMENT
THIS SERVICE AGREEMENT ("Agreement") is hereby made and entered into this
_Sth_ day of _March_, 2024, by and between the City of Elgin, an Illinois home rule
municipal corporation (hereinafter "City") and State Line Entertainment (hereinafter "ARTIST").
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 ARTIST shall perform, the agreed upon
performance services as set forth herein, in accordance with the price, terms, and conditions
contained herein (hereinafter the "Services").
a. Date of Services. September 14, 2024 ("Performance Date").
b. Cost of Services. The City shall pay ARTIST a total amount of Five Thousand
Dollars ($5,000.00) for the performance of the Services (hereinafter "Cost of
Services"). Two Thousand Five Hundred Dollars ($2,500.00) or 50% of the Cost of
Services to be paid 30 days after contract execution. The remaining Two Thousand
Five Hundred Dollars ($2,500.00) to be paid to ARTIST on the Performance Date after
ARTIST satisfactorily completes the Services in accordance with the Scope of
Services.
Location of Services. ARTIST will perform the Services at the below -described
events taking place at Festival Park, 132 South Grove Avenue, Elgin, Illinois
(collectively the "Event").
d. Time of Services. TBD. Total performance time of 60 minutes. Performance times and day -
of schedule to be shared no less than 30 days before the event by the City.
e. Description of Services. For the Cost of Services set forth in subparagraph Lb,
ARTIST will secure LOS SEMENTALES DE NUEVO LEON to perform one (1) sixty
minute long set with six (6) musicians.
f. Other Conditions.
i. In the event that City has paid any monies to ARTIST under this
Agreement and ARTIST is unable to perform due to sickness, accident,
riots, strikes, inclement weather or other forces maieure, ARTIST
agrees to perform at an event of City's choosing within six (6) months,
on or before March 14, 2025, under similar terms and conditions as
those specified in this Agreement. Should ARTIST be unable to perform
at such a subsequent date for any reason, ARTIST shall return all
monies by City under this Agreement to City within thirty (30) days of
learning of such inability.
ii. City agrees to take all necessary and prudent measures, as permitted by
law, to ensure the safety and security of ARTIST during the event. City
further agrees to take reasonable precautions against loss or damage to
ARTIST's property while such property is on the venue premises and
within City's sole possession and control.
iii. City agrees to provide to ARTIST at the Event meals, water and a
private or semi -private backstage area equipped with portable lavatory
or bathroom.
iv. Members of unions or guilds, including leaders, agree to accept sole
responsibility for complying with the rules and regulations of their
membership in relation to this Agreement.
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. ARTIST
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 ARTIST agrees that service
by first class U.S. mail to 6043 North Milwaukee Avenue, Chicago, Illinois 60646 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. ARTIST 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, orthe 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. SE,VERARH.TTY. 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,
ARTIST 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, ARTIST
hereby certifies, represents, and warrants to the City that all of ARTIST's employees and/or agents
2
who will be providing Services with respect to this Agreement shall be legally authorized to work
in the United States. ARTIST 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 ARTIST to determine ARTIST's compliance with the provisions
of this section. In the event the City proceeds with such an audit, ARTIST shall make available to
the City ARTIST's relevant records at no cost to the City. ARTIST shall pay any and all costs
associated with any such audit.
8. COUNTERPARTS AND 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. This Agreement may be executed electronically, and any signed copy of this
Agreement transmitted by facsimile machine or email 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
facsimile machine or email shall be considered for these purposes an original signature and shall
have the same legal effect as an original signature.
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, ARTIST 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 ARTIST or ARTIST's 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. ARTIST will provide, pay for, and maintain in effect, as necessary, 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, ARTIST 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 in the event of inclement weather, sickness, injury, accidents, fire, earthquake,
flood, explosion, strike, riot, war, terrorism, or similar legitimate event beyond the City's
reasonable control, in the City's sole discretion. In the event this Agreement is so terminated,
ARTIST shall be paid for expenses actually incurred by ARTIST prior to termination, except that
such reimbursement shall not in any event exceed the total amount of the Cost of Services set forth
in subparagraph Lb herein. Additionally, in the event the Agreement is so terminated, ARTIST
shall immediately cease the expenditure of any funds previously paid to ARTIST by the City or
incurring any additional expenses under this Agreement, and shall refund to the City any unearned
or unexpended funds.
13. RELATIONSHIP BETWEEN THE, PARTIES This Agreement shall not be construed
3
so as to create a joint venture, partnership, employment, or other agency relationship between the
parties hereto.
14. WAIVER. Unless otherwise provided herein 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.
15. LIMITATION OF ACTIONS. ARTIST 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 AGREEM[ENTS. 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. TIMF. IS OF THE ESSENCE. Time is of the essence of this Agreement.
18. AUTHORIZATION. The person signing this Agreement certifies that s/he has been
authorized by ARTIST to commit the ARTIST 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.
STATE LINE ENTERTAINMENT
Nicolas Ramos
Printed Name
l/ldor' Z41V4M 3/8/2024
Signature
Title
CITY GIN
Richard G. Kozal, City Manager
Attest:
Manager T-�
"�: . - � - �� . 0" aA--�� -
City Clerk
4
ATTACHIVIENT A
RIDER REQUIREMENTS:
To be provided by Los Sementales de Nuevo Leon no less than 4 weeks before the performance
date.
Travel buyout included in the performance cost listed above. Travel details to be provided no
less than 4 weeks before the performance date.
City will provide:
• Professional staging and production
• Secure backstage area
• Dinner vouchers
• Backstage crafting
• Area for merchandise sales.
5