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HomeMy WebLinkAbout24-0910 Sean Jaster NOCSSERVICE AGTElYtN`T" THIS SERVICE AGREEMENT {"Agreement'} is hereby made and entered iiitt this loth day of September 2024, try and between the City of Elgin, Itlinois, an Illinois home' rote �nuni ipal corporation (hereinafter` "City.") and Sean Jaster (hereinafter "PROVIDER )5 NOW., THEREFORE,. for and in consideration of the ►autuai promises ands covenants contained h'efcl n, the sufficiency of which Is Hereby Mutually' acknowledged, the parties ;hereto hereby agree, as follows; I SE VI Fes+':; The City shall purchase; .and PROVMER .shall perform the Services ii accordance with the price, terms and conditions contained herein {collectively, "S.ervices"). a Date Slime v'ceS< PRl3VIbER will perform the Services 'leading up 10 .and ari Octobcr f 9, 2024 ;("Perforrnance bate" ). b. jd Services. The City shall pay PROVIDER a 'total of Two. Thousand Dollars (S.2,00i..) ont e Thousand and FiVe ftI :tdredl Dollars ($ ,50O.00) i-s to pay I?ROVII7E'R. as a Street Theatre H r3 or Makeup Artist ar l Five Rvjidred Dollars (:,$500,00) is t.. ;be spent o,n ma:keup hires; as atttiined in the perfvrirtartce cif Services ✓;hereinafter "Cost 0f Services" ). The City will pay One Thousand Dollars (51,000 00.). to PROVIDER on execution of this Gotttract. Il'=FROV.IDER Satisfactorily con3p.tetes the Services, in the City's sole discretion,. iscretion, the City will Pay the remaining. One Thousand Dollars ($1,000.00) to PROVIDER no more than Ithirty days after the Dent. c, i-_oc-ati:on ;of, cakes. PROVIDER will perfor►n. the Services at :Nightmare M Chicago Street In Downtown Elgin., d: ;time of 'Services: PROVIDER drill perform the Services fi:om TBI) ("Tin -le of Pei�fvrtnartee"}. e. Dggc�r" ,ion of Eg 'Ykes, PROVIDER wilt perform the'seNkes listed in Attach►x► t A. 2 � i2sAOMN E This. a� reerilent is subtect to and governedby the laws of the State �of Illinois, Venue for the resolution of any disputes rtr the;enforcetrtent of arty rights arising ou It. of or In connection with this agreement shall be the Circuit Court ofXane PROVIDER hereby irrevocably.consents to the jurisdiction ofthe Circt►it Court ofDane County, Ill►nois for the enforcement of any rights;: the resohition of any disputes and/or far the, purposes ,of any lawsuit Brought pursuant to this agreement or tine subject matter hereof$ aInd PROVIDER agrees that service by first. class tl,S. mail try 15fl0 Oakwood Avenue, Ha►iovar Park, IL 60133 shalt constitute effective services Bott parties hereto waive anY rights to a jury. 3. No j (�I)iFI ATiDiAT.; There shall be no modification of this Agrent, except. in 2 writing and executed by both parties Hereto with the same forma[itie5=as the origitzal agreernerrt. 4, HLEGE8 This Agreement, embodies the whole agreement of the parties.. There are no promises, terms,conditions or Obligations s other those contained herein and this agreerttcht shall:sirpersede all previous;commurtications, representations. oragreem4ts, either verbal, written or implied between $he parties hereto,. 5, INTER&51. PROVIDER hereby waives arty and all claiins or.'rights to interest on money Claimed to be due pursuant to this Agreement, :and waives any and all such rights ;to In to which -it may otherwise be entitled pursuant to law, ir3cluding, but not limited to, pursuant to the t oGal GovernmetttPrompt;PaymentAct{50JLC.S,5tl5fi,:etseq.),asatr onded;tirth�IllinoisJ'nterest, Act ( l5 ILC S 24511, et s y.j, as::arttended. The provisions rlf this paragraph shall survive any expiration, completion andior ter. -Min atioi ofth s:Agreement. 6. �,� $ABI, Li'TX The tetras of this. Agreement shall be severable. to the event arty of the terms or fhe provisions of thzs greerrtent are deemed to be void or otherwise unenfarceabte for any reascr#t, Chc remainder of this Agter:rrrent gludi :remain ii full force and.eff'ect : 7, pF ,ll .>y _ ,,, .`![ N: lotwitl standir g any other pro'Vi mn of this Agreement, it is expressly agreed and understood that iri connection with lvr. the performance of this Agreement; PROVIDER sisal! comply with all €rpplicable federal, stag; city and other requirements of law, including, but not IIimited to, any applicable requirements regarding prevailing wages,, mirirmutn: wage: workplace safety and legal status of employees. Withoi7t limiting the foregorrr , PROVIDER hereby certifies, represents and warrants to the City that all of PROVIDER _o employees:andfor. agents who wilI be providing Services with respect to this Agreement:sliail be legally authorized to work in the `United ;States, PROVIDER shall also, at its expense, secure All permits and licenses, pay all charges and fees, :arid give all notices rim mart' and nc.ide. t to the due and lawful prosecution of the Services to he provided for in this Agreement, The City shall have the right to audit any records art the possessroz or control of PROVIDEM to determine PROVIDER 'Is compliance>vith tite provisions of this section,An the event the City proceeds with such ;an audit, PROVIDER shall make available to the Crty ['ROVIDER's relevant records at no cost to the City City shall ;pay any and all costs associated with any such audit. $. 1k XLC'LITT()N. This Agreernent may be executed in courttOrWts, each ofwhiclt shall be an original and all of +h c h shallcortstltute Oneand the same Agreement. For the purposes of executing this Agreement, arty signed copy of this agreement trarzsrnittecl by fax, c-inail. ar other eiectronic.r -jeans shall be treated in all Marc= and respects as an original dootrrnent. The signature of any party on a copy of this Agreement transmitted by faxc machine, or email; orother electronic moos shall be considered for these purposes as an original sigvature and shall :havethe same legal, efl'e as ail original signature. Any. such ;faxed, e-mailed or other electronically transmitted copy of this Agreement shall he considered to have the saute binding le;a! effect as an original docuIment. At the request of either party any electronically transmitted correct copy of this A.greetnent shall be re -executed by the parties in an original farm. o party to this Agreement shall raise the use of fax mach Or 6e meal as a defense to this Agreement and shall forever waive such defense,. 9: LIMITAt1AMA!UES Tn no event: shall City be liable for any monetary damages in excess ofthe Costof Services contemplated by this: Ageemeet. In no event, shall City be liable for any consequential, special Or punitive damages, or any damages resulting from loss Of profit; 10 EMNI f A TUN. To the fullest extent perirritted try law.,_PRO VID.ER. agrees to and shall indeinni fy, defend :and head harmless the City, its ofleers, employees; boards and colntt fissions from and against anyand all claims.:suits, ju4g.. fits, costs, attorneys feesI., dairsages or any:and all other relief or liability arising out c5f vt resulting from or, through or alleged to arise out -of any acts or negligemrtacts arontissions ©f PROVIDER. or PRC�VIDER's officers, emple yecs; agents; or subcontractors 1-n the perform. ance of this Agreeemen ,including btrt not llmiterl'to, all services or work performer hereundei : In the event of any action against the City, its officers;_: employees, agents, boards or Commissions covered by the foregoing duty to indet reify, .rlelerzc . and hold harmless? such action shall be defended `by 10gal counsel ofthe City ''s choosing. IL jN 'IJRAIiTC'F PROVIDER will provide, pay for and<mai-Ata'in in effect, during file termn of this. Agreement, comprehensive automobile liability ;:illsurar ce covering al'i awned, non -owned... and:.lxircd motor vehicles used in connection with the Services with limits of not less than $sl 000 per occurrence for damages to persons or property. PROVIDER will also provide; pay f'or and maintain in.effect. during.th'e termof this Agreement, worker's.compensati'on insurance In amountsrequired under the laws of the State of Illinois. Atthe request ofthe City, PRlJVIDEit will plavide to the City certificates of insurance regarding; the insurazrce required .lr this paragraph:,. Notwithstanding any other provision hereof, the. City, n ay terminate this Agreement upon providing written notice to PROVIDER thirty days before tile. Perforinance Date. 13• $M.AL+[ NS IIP-13EI �iFN'1`HF PAR't_, ,,n,E5. This Agreement shall not be construed so as to create a.joirit venture, partnership, eM. oymert or outer agency relationship between the parties hereto. 14,. AAL)M3.. Neither party hereto shall, be t•esponsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Amoy delay or failure to enforce any rights; by either party arising out of or pursuant to this: Agreement shall not eonstitute,;and shall not be construed as a waiver of any such rights, AcIt(}N5. 1 P1wvID-r.-,R shal I not be entJticd to, and hereby waives;l any and all fights that it. might have to file suit or bring any causeof action orclaim. for damages against the City of E in and/or its affiliates, .officers, Icees, employees,, agents, attorneys, boards and commissions of any nature whatsoever acid in whatsoever forum after two : (2) years from the date, of this Agreement„ .16, DM UTjjLH-.A!UjjLEMEjSTS. This Agreement is the only -agreement between the Parties hereto regarding the subject Matter hereof. There are n.o. other agreements, either oral, written or implied, between the parties ,h.eretoregording the su0j.6amatter.hereof. This Agreement Y ..n ly be altered or modified: by written' instrument signed by . both, parties. 17. § AgNletnerlt, Time: isofthe. essencedthi The person signing this Agrecment certifies that s/he has been authorized by PROVIDER to commit the PROVIDER contractually and has been authorized , to execute this. Agreement on its behalf. IN WETNESS WHEREOF, the patties hjve hereto set their Elands the day and year first above written: CI 17 ean faster Print Name Rl and G. 'ozal,City manager Title Attest: . Wtti i �Cl yerk 5 AAttachmfmt A: Committee Contract Expectations Creneral E. ec ationr- • t,ornrnunicate in.a timely: manner;, with no more than -0�8 hours between. cpn►rnran cation requests, • Maintain a. feasible work plan in-onjunction with the WOGS overall Workplan and. adhere to all deadlines. • Maintaln a working budget:and adhere to all lines as sct..:.b the Executive Producer: •Subrtiit any purchase requests to the Executive Producer while maintaining the budget. • The committee will work as a collaborative etrtity, following the artistic lead ofArti;tic Director and'logimics lead ofthe Executive Producer The PROVIDER will attend meetings prepared and maintain their elements of the workp"lan. Keep in mind the .key elements. o Elevate the experience of the guest. o Elevate the relatiotrshtp between the event and those directly affected, a The PR.0'VlDER may have specific tasks bttt Nvill be expected to step in on other tasks and capacities as needed, with respect to time and availability. • Ask for help when you need it: Duties: • Advocate for all things "ht'rror, including special effects, horror movies, haunted arouses: Enhance the "scary" eletnestts. Consult with the Street Theatre Manager for securing horror talent. • Research conventions to attend. • Place recommendations for `horror partners • Manage all aspects ofNightinare Alley for the event. o Provide al crafting.requests,, rider; requests, etc,:to the Street Theatre Coordinaator o Find and book performers for the :area as. deterinined by the NOCS Artistic Team. Booking/Pay ing Other Makeup Artists. Q Provide ail crafting requests, rider requests, etc,: to the Street `theatre Coordinator 0 Establish a site map for approval Oneeded).. o Manage Spider Cavern for the event (After Makeup). a Provide all crafting requests, rider requests, etc. to the treetTheatre Coordinator 0 1=ind and book performers for the area as determined by the NOCS Artistic Tear.. o Provide all crafting requests, rider requests, etc to the Street Theatre Coordinator o Establish a site mop for approval. * Volunteer requests from the corrattiittee must be submitted inin nium 10 days pripr of work (zany request made in less than 10 days is. not guaranteed to be filled, tnvolveme t` irni:ts'. The Street Theatre Team will not matte any artistic or financial decisions beyond those expressly approved by the NOCSArtistic Staff. Suing, lighting, sound, and rigging may .not be altered in any way.. Live flames must tie .pre -approved no less than 60 days .in advance. Aerial arts mint be pre -approved no less than 60 bays : in advance. The street Theatre Team and Location Manners are not able toapprove, sigh, or enter into any agreemo is on behalf of the city: 7.