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HomeMy WebLinkAbout26-0401 MN2S Corp SERVICE AGREEMENT THIS SERVICE AGREEMENT ("Agreement") is hereby made and entered into this _15.1- day of ATr;/ , 2026, by and between the City of Elgin, an Illinois home rule municipal corporation (hereinafter "City") and MN2S Corp with an address of 31 NE 17 St, Miami FL 33132 (hereinafter "MN2S"), a Florida corporation employing the services of Felix Da Housecat(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. October 17,2026("Performance Date"). b. Cost of Services. The City shall pay ARTIST a total amount of Seventeen Thousand Dollars ($17,000.00) for the performance of the Services and hotel buyout (hereinafter "Cost of Services"), payable to MN2S. The City will pay a deposit of Eight Thousand, Seven Hundred and Fifty Dollars($8,750.00)within thirty(30)days of contract execution to M2NS. The City will pay MN2S the remaining Eight Thousand and Two Hundred and Fifty Dollars ($8,250.00) made out to M2NS via certified mail on the first business day following the Performance Date after ARTIST satisfactorily completes the Services in accordance with the Scope of Services. All Payments will be paid in the form of a check. c. Location of Services.ARTIST will perform the Services at the below-described events taking place at Nightmare On Chicago Street in downtown, Elgin, Illinois(collectively the"Event"). d. Time of Services.Approximately 9:00pm.ARTIST performance time to be 120 minutes in total.Actual performance time is estimated from 9:30-11:30 PM. e. Complementary tickets. City will guarantee ARTIST a maximum of 10 complimentary festival tickets and a maximum of 10 backstage passes. City will provide 2 meal vouchers for use during the event hours. f. Description of Services. a. ARTIST shall supply, a 120-minute performance including all necessary costuming. i. ARTIST will schedule and execute all travel and accommodations for the travelling party. The accommodations, including travel and lodging details, will be shared with the City no less than 3 weeks before the event. ii. ARTIST agrees that there will be no performance or advertising of a performance within thirty (30) miles of Elgin, Illinois sixty (60) days before and after the performance. 1 b. ARTIST will provide a Technical rider and stage chart by June 17,2026,and City shall provide equipment as agreed upon in the Technical rider. Backline changes received within 30 days of Performance Date will be charged back to artist. c. Artist's hospitality rider must be received within 30 days of October 17, 2026. d. City will provide a suitable backstage area. e. City will provide a sound check time with technical staff before event starts. f. City will provide a line check time 30 minutes before Performance Time 2. Marketing Materials. a. ARTIST will,at minimum, advertise this performance via social media and ARTIST'S email marketing lists as follows: i. 2 months before October 17, 2026 ii. 1 month before October 17, 2026 iii. The week of October 17, 2026 b. ARTIST will be available for reasonable requests for promotional opportunities. c. All online event listings for this event will be owned by The City. i. City agrees not to announce event prior to Monday June 8th, 2026. ii. City agrees not to use any,photo or other materials other than those provided by MN2S. All artwork shall be in generic form based around the images supplied. 3. Other Conditions. a. 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. b. 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. c. Parties agree that members of unions or guilds, including leaders, accept sole responsibility for complying with the rules and regulations of their membership in relation to this Agreement. d. Hospitality Rider: lx Mezcal (PREMIUM/TOP SHELF/GEM OR SIMILAR) I x Patron Tequila Silver -Mixers -Alkaline Water Bottles -Cold Brew Coffee Bottles or Cans(no sugar!!!) -Organic Coconut waters (no sugar!!!) III No Zico III No Vita Coco -Bottled Green Tea (no sugar!!!) -Cold Pressed Ginger Shots -Pellegrino/Perrier Mineral Water e. Tech Rider:The rider and stage plans form an integral part of this agreement and shall be incorporated by reference herein and attached hereto as Exhibit A. f. Artist will be performing on a stage at a festival as agreed to in advance of the performance. 4. LAW/VENUE. This agreement is subject to and governed by the laws of the State of 2 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. 5. T1O 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. 6. MERCER. 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. 7. 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 505/1,et seq.),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. 8. 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. 9. 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 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. 10. 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. 3 11. j,IMITATION 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. 12. jNDEMNIFICATION. 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. 13. 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 (forces majeure), 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 I.b 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 City4ar,incurring any additional expenses under this Agreement, and shall refund to the City any unearned or unexpended funds. ARTIST reserves the right to cancel event due to an Act Of God which shall be defined as a forces majeure event(sickness, injury, accident, fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar legitimate event)and if ARTIST cancels event for this reason all performance fees received from the City in conjunction with the event will be returned to the City. If the City cancels any and/or all events contained in this agreement for any reason at any time after all parties enter into this agreement, except for the reasons listed above, the City agrees to pay all performance fees in full and in accordance with the above payment schedule. MN2S and ARTIST shall not be held liable for any and all costs incurred by the City in the course of organizing said event(s). In the event that the ARTIST cancels this agreement for forces majeure, the ARTIST agrees to perform at an event of the City's choosing withing nine (9) months, on or before May 10, 2027, under similar terms and conditions as those specified in this Agreement. Should ARTIST be unable to perform at such subsequent date for any reason, ARTIST shall return all monies to the City within thirty (30)days of learning of such inability. 14. 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. 15. 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. 4 16. J IMITATION 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. 17. r1O 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. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. 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. M2NS Corp with services provided CITY OF ELGIN By ARTIST Felix Da Housecat / Printed Name: Richard G. Kozal,City Manager Signature: Attes . Title: Clerk 5 EXHIBIT A Felix Da Housecat Technical Rider Promoter needs to provide: 1 x Sound person required on duty 1 x Shure SM58 Microphone 2 x 3.5mm Mini Jack to 6.5mm Stereo Headphone Jack Adapter 2 x spare power sockets 4 x Pioneer DJ CDJ-3000 multi players 1 x Pioneer DJ DJM-V10 mixer All of the above equipment linked through an 8-port/ 1-gigabit network switch with Cat5e/Cat6 cables DJM-V10 mixer updated to the latest firmware (2.05 or higher). Download firmware here All CDJ multi players updated to the latest firmware (1.83 or higher). Download firmware here All CDJ multi players connected to the DJM mixer via digital and analog2 x High Quality Monitor Speakers (Stereo) a minimum of three hundred (300) watts a piece both placed at head height either side of booth with subunit directly behind Felix. Where possible place the monitors out of sight, i.e., not on a tripod blocking the view. No Floor Wedges. Monitor Volume must be accessible to Felix & derived from source other than house system and capable of sustained output of 110db plus for the duration of Felix's performance. Felix must have access to control EQ from booth; setup must include a sub-base unit or monitors with powerful bass. High End sounding speakers on poles, self-amped Mackie's, and self-amped JBLs are NOT acceptable. -1 x Bass bin sub-woofer in the DJ Booth -1 x table behind DJ for bags and drinks -1 x face towel -Wireless internet or internet availability via an Ethernet cable available to Felix at venue. ***FELIX CANNOT PERFORM WITH ANY OTHER MIXER PLEASE EMAIL brent@mn2s.com TO CONFIRM YOU CAN PROVIDE THIS MIXER*** [All the Firmware on the mixer must be up to date (you can download the updated firmware from the Pioneer website in the Support Section)] Notes on equipment set up: -an air conditioner unit or 2 x large fans should be provided to keep Felix at acceptable temperature. Sound check: -Promoter must agree to allow access to the venue for the purpose of setup and sound check at the time previously agreed with Talent (usually straight after arrival into city/country). 6