HomeMy WebLinkAbout25-0709 Daryl Nitz and Friends Show 06.07.26�' --
ELGIN
THE CITY IN THE SUBURBS-
40
This agreement is hereby made and entered into this '� da Vv , 2025 between the CITY OF
ELGIN, an Illinois municipal corporation (hereinaft r referred to as "PUR ASER") employing the services
of Daryl Nitz, (hereinafter referred to as "PRODUCER").
In consideration of the mutual promises and covenants provided for herein, the sufficiency of which is mutually
acknowledged, the parties hereto hereby agree as follows:
The PURCHASER hereby engages the PRODUCER and the PRODUCER hereby agrees to furnish the
entertainment presentations ("Daryl Nitz & Friends ") hereinafter described, upon all the terms and conditions
herein set forth.
1. PLACE OF ENGAGEMENT:
2. DATE(S) OF ENGAGEMENT:
Hemmens Cultural Center
Exhibition Hall Cabaret
45 Symphony Way
Elgin, IL 60120-5558
One (1) SHOW
Sunday, June 7, 2026
a. Number of shows per date: One (1)
b. Time of Shows: 7:OOpm
C. Length of each show: 90 minutes (estimated)
d. Either party hereto may cancel prior to June 6, 2026, without penalty or further obligation.
TICKETS:
a. All ticketing shall be done through the Hemmens Box Office. No patron will be admitted without
a ticket printed by the Hemmens Box Office.
b. Audience shall not exceed 200 persons with front cocktail tables or 280 with all theatre style
seating.
c. Scaling:
i. $25.00 - 72 seats at 18 cocktail tables to start, additional tables (up to 24) will be
added if required and space available.
ii. $25.00 - Padded chair or folding chair seating once tables have sold out)
iii. $22.00 for seniors (over age 62) and students with current school ID.
iv. A 15% discount will be given on purchases of 20 or more tickets to a single
performance.
d. Complimentary Tickets:
i. PRODUCER Comps: 10 tickets per performance. Any additional comps
will be deducted from PRODUCER's payment at $20.00 per ticket.
ii. PURCHASER Comps: 10 tickets per performance
e. Price Increase:
Ticket prices may be adjusted with approval of both parties in writing.
4. BILLING:
(In all forms of advertising) PRODUCER shall receive 100% Headline Billing. PRODUCER shall be
responsible for all paid advertising.
PAYMENT:
All payments shall be paid by PURCHASER in US funds by CITY OF ELGIN check based on box
office receipts as follows:
a. PURCHASER's expenses of $ 500.00 shall be deducted from gross Box Office receipts. If box
office receipts are less than the aforementioned $500.00 expenses, PRODUCER shall be liable for
the difference and will reimburse PURCHASER within thirty (30) days of billing.
b. Remainder of box office receipts up to $1,500.00 will be paid to PRODUCER within thirty (30)
days after performance.
c. In the event that the value of tickets distributed, less approved comps as described in Section 3(d)
exceeds $2,150.00, the combined value of complimentary and discount tickets shall be deducted
from the balance to be credited to the party providing such complimentary and discount tickets.
d. The balance of the value of tickets distributed, after the deductions described in the previous
paragraph, shall be split 50% to PURCHASER and 50% to PRODUCER.
ADDITIONAL TERMS AND CONDITIONS
6. PRODUCER shall provide to PURCHASER all the personnel, equipment, and materials reasonably
required for the successful presentation of "The Nitz & Howe Experience" (with the exception of
personnel, equipment, and materials that would typically be supplied by PURCHASER in the course
of a standard rental including a stage; and lighting & sound systems) including, but not limited to
musicians, vocalists, ushers, stagehands, musical instruments, musical scores, programs/playbills,
costumes, and set pieces or decorations.
7. PURCHASER shall set-up and strike of the following equipment:
a. Center partition wall;
b. Cocktail tables and seating;
c. Theatre style seating using a combination of metal folding and/or padded stacking chairs;
d. Four (4) boundary mics;
e. Roland keyboard & monitor;
f. Speakers and sound system;
g. Lighting control, including dimmer rack, lighting console and tech platform;
h. Reflector lighting for merchandise and beverage areas;
i. Tables for Merchandise area;
j. Masking for tech area using Pipe & Drape;
k. Dressing area using Screenflex units and/or Pipe & Drape;
1. Make-up mirrors with chairs;
in. Auxiliary lighting fixtures on floor stands along walls; and
n. One 16'xI6'x16" stage using Wenger platforms.
8. PRODUCER shall be responsible for the set-up and strike of all show -related props, set -pieces, etc.
9. PURCHASER shall provide the following labor:
a. One stagehand for up to six hours on the day of performance;
b. Up to eight employee hours of box office support on the evening of the performance;
c. A reasonable number of ushers to effectively seat the audience when available.
10. PRODUCER shall have the exclusive right to sell souvenir programs, photographs, CD's, DVD's and
any and all types of merchandise approved by PURCHASER including, but not limited to, articles of
clothing (i.e. T-shirts, hats, etc.), posters, stickers, etc. on the premises of the place of performance, as
may be directed by the PURCHASER in PURCHASER'S sole discretion. PRODUCER shall retain
100% of Merchandise revenue.
11. PURCHASER shall have exclusive rights to sell beverages and food concessions and shall retain 100%
of concession revenues.
12. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the
enforcement of any rights and the resolution of any disputes arising out of or in connection with this
agreement shall be in the Circuit Court of Kane County, Illinois.
13. PRODUCER hereby waives any and all claims to interest on money claimed to be due pursuant to this
Agreement, and 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, as amended
(50 ILCS 50511, et seq.), or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.).
14. The terms of this agreement shall be severable. In the event that any of the terms or 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.
15. To the fullest extent permitted by law, PRODUCER agrees to indemnify, defend and hold harmless
PURCHASER, its officers, employees, boards and commissions from and against any and all claims,
other relief arising out of or resulting form or through or alleged to arise out of any reckless or negligent
acts or omissions of PRODUCER'S officers, employees or agents in the performance of this
Agreement. In the event of any action against PURCHASER, 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 PURCHASER'S choosing. The provisions of this paragraph
shall survive any termination and/or expiration of this Agreement.
16. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in
connection with the performance of this Agreement that the PRODUCER 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, PRODUCER hereby certifies, represents and warrants
to the City that all PRODUCER'S employees and/or agents who will be providing products and/or
services with respect to this Agreement shall be legally authorized to perform such work and/or services
in the United States. The City shall have the right to audit any records in the possession or control of
the PRODUCER to determine PRODUCER'S compliance with the provisions of this section. In the
event the City proceeds with such an audit the PRODUCER shall make available to the City the Artist's
relevant records at no cost to the City. The cost of any such audit shall be at the sole expense of
PURCHASER.
17. No official director, officer, agent or employee of the PURCHASER shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their execution,
approval or attempted execution of this Agreement.
18. Notwithstanding anything to the contrary in this Agreement, with the sole exception of an action
to recover the monies the PURCHASER has agreed to pay to the PRODUCER pursuant to
paragraph 5 herein, no action shall be commenced by the PRODUCER against the PURCHASER
for monetary damages. Any action brought by the PRODUCER arising out of or in connection
with this Agreement must be filed within one year of the date the alleged cause of action arose or
such action will be time -barred. The provisions of this paragraph shall survive any expiration,
completion and/or termination of this Agreement.
19. Notwithstanding anything to the contrary provided herein, PURCHASER shall not be liable to
PRODUCER for attorneys' fees or any incidental, indirect or special damages of any kind.
20. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other
agency relationship between the parties hereto.
21. 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.
22. 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, email, or other electronic means 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, email, or other electronic means shall be
considered for these purposes an original signature and shall have the same legal effect as an original
signature.
IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first
above written.
CITY OF ELGIN CONTRACTOR:
By By —
Richard G. Kozal, City Manager Daryl
EVENT CONTACT: Butch Wilhelmi
45 Symphony Way
Elgin, IL 60120
847-931-5905 wilhelmi b&cityofelgin.org
TECHNICAL CONTACT: Smooch Medina
847-931-5912 medinai(a-cityofelgin.org
2026.6.7 - Nitz & Friends Co -Pro Contract
CSZ: Chicago, IL 60645
Phone: 773-398-0654
Email: dar% (djao1-com
Date:
I e