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Home My WebLink AboutRESOLUTION - 49-08 - 10/14/2008 - ENTERTAINMENT MGMT GRP CONTRACT/MID SUMMER CLASSICSRESOLUTION NO. 49-08 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ENTERTAINMENT MANAGEMENT GROUP (MID SUMMER CLASSICS) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor and Village Clerk be and are hereby authorized to sign the attached documents marked: ENTERTAINMENT MANAGEMENT GROUP a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 14th day October 2008. APPROVED this 14th day of October 2008. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk RESAreeeEntertai nmentM anaeementGrou pContract Contract made this date October 14, 2008 between The Village of Elk Grove Village (hereinafter referred to as PURCHASER ) and Entertainment Management Group, a sole proprietorship, (hereinafter referred to as AGENT). The PURCHASER hereby engages the AGENT to perform the duties and services hereinafter provided, upon all of the terms and conditions herein set forth. The budget and payment for such services and duties shall be sixty thousand dollars ($60,000.00) and shall include all costs and fees for services set forth in Paragraph 4, the fees for the bands as listed in Paragraph 5 and any costs or fees associated therewith other than Purchaser's obligations as set forth under Paragraph 6 (b). Please Initial 1. EVENT: Elk Grove's Mid Summer Classics Please Initial 2. DATES OF ENGAGEMENT: 07/07,07/14,07/21,07/28/2009 RAIN OR SHINE Please Initial _ 3. PLACE OF ENGAGEMENT: Village Hall Green, 901 Wellington, Elk Grove Village Please Initial 4. SERVICES PROVIDED: AGENT will arrange for and provide from budget (1) 24 x 16 stage with roof system , monitor mix site and house mix site, full sound system and lighting rig to meet all bands' rider specifications, technicians, laborers, and stage management personnel. For those bands that require such needs by contract or rider, AGENT will arrange for or buyout performers' hot meal requests, performers' internal transportation needs, performers' lodging needs, and rental of backline gear and other needs or requirements of any band as required by contract or rider, it being understoog that all fees associated with the bands', other than as set forth in Paragraph 6 (b) are included in the sixty thousand dollars ($60,000.00) fee. AGENT will provide for the PURCHASER , event management and logistical supervision of the above referenced event, solely related to the musical concert portion of the event . Duties will include meeting with Village staff as necessary, contacting the bands (or representatives) listed under item 45, negotiation and review of band contracts and riders, contracting the bands, scheduling of band load -ins and load -outs, on-site monitoring of sound, lighting, and staging personnel, and assuring compliance of rider requirements. Agent, manager, and booking fees are included. Please Initial 5. With PURCHASERapproval and acceptance of the special provisions listed under item 96, AGENT shall contract for the sevices of the following listed bands: BJ Thomas (07/07), The Classic Rock All -Stars (07/14), Light Up: A Salute to Styx (07/21) , and Jan & Dean featuring Dean Torrence (07/28). Please Initial 6.SPECIALPROVISIONS: Please Initial (a) If any engagement is canceled due to inclement weather, band will receive full compensation. {b) Additional items to be provided by purchaser for each engagement: Dressing area equipped with tables, seating, mirror, clothes rack, toilet facility Power and electrician or suitable generator (c)This contract cannot be canceled unless mutually agreed upon by both parties (see item (d) for exceptions). (d) FORCE MAJEURE or CANCELLATION: If any ARTIST performance(s) is rendered impossible, hazardous, or is otherwise prevented or impaired due to sickness, accident, inability to perform, interruption or failure of means of transportation, Acts of God, riots, strikes, labor difficulties, epidemics, any act or order of any public authority, or the like, beyond the AGENT'S control, then AGENT'S obligation with respect to the affected performance(s)/service(s) shall be excused and AGENT shall have no liability to PURCHASER in connection therewith. If band is present and able to perform and show is canceled for any reason, PURCHASER shall be liable for total compensation for all services. Purchaser agrees that any ARTIST may postpone and/or cancel any engagement hereunder by giving the PURCHASER written notice thereof at least thirty (30) days prior to commencement date of the engagement provided Artist shall be called upon to furnish their services in connection with a theatrical motion picture, television performance, audio recording, or major concert tour. In that event, AGENT will use its best efforts to replace the ARTIST with a mutually agreeable ARTIST for the date of initial cancellation. If the ARTIST'S performance is rendered impossible under the circumstances ser forth above, other than when the band is present and able ro perform and the show is cancelled, PURCHA.SERshall not be liablr for the cost of that performance and AGENT will pursue the return of any deposit given to the ARTIST so that same may be refunded to the PURCHASER- 847.364.6400 URCHASER 847..364.6400 • Fax 847.364.6409 • Emgtalent@aol.com • P.O. Box 91766 0 Elk Grove Village, IL 60009 (e) In no event shall AGENT be liable for any personal injury or damage caused by persons altering with or tampering with stage, show props/costumes or lighting/sound equipment. (Q. No portion of this performance shall be recorded, reproduced, or transmitted in any manner, by any means whatsoever, without the prior WRITTEN permission of the AGENT . {g} In cases where a band requests to be named as additional insured on PURCHASER'S liability insurance, PURCHASER will oblige in the amount of insurance requested and will provide the Certificate of Insurance to the AGENT. (h) Any claim or dispute arising out of or relating to this agreement or breach thereof shall be settled by arbitration in Illinois in accordance with the rules and regulations of the American Arbitration Association. The parties hereto agree to be bound by the award in such arbitration and judgment upon the award rendered by the arbitrators and may be entered in any court having jurisdiction thereof. (i) It is agreed that AGENT acts as a Talent Buyer and assumes no liability hereunder. PURCHASER agrees to hold AGENT harmless from any action of any band or band member. PURCHASER shall defend, indemnify and hold AGENT, it's officers, and employees harmless from and against any and all claims, suits, damages, liabilities, costs and expenses (whether based on breach of contract, or product liability), including reasonable counsel fees, arising out of or based on the performance of any band or member associated with any band hereunder or any act of commission of such band or member. {j} It is understood that AGENT depends on its PURCHASERS for its livelihood. For that reason, AGENT shall retain the right to any re -booking of any band or key personnel by PURCHASER for the period of 12 months from the termination of this agreement. In the event any band or key personnel, either under this current entertainment name or any other entertainment name they should use, are rebooked by the PURCHASER within 12 months, AGENT shall be entitled to a fee no less than 10% of the gross Contract price. (k)INDEPENDENT CONTRACTOR: All parties hereto acknowledge that they are solely acting as independent contractors and nothing herein contained shall be construed as creating a partnership, employee/employer, joint venture or any other relationship between the parties. (1) The contractt may be executed in multiple counterparts and delivery of facsimile copies or executed counterparts shall be deemed valid and effective for all purposes. (m) The signatures below confirm that the parties have read and approved each and all of the terms and conditions set forth in this agreement, as well as all items listed on all attached ARTIST riders, if any, and constitutes the sole, complete. and binding agreement between the parties hereto. PURCHASER, in signing this agreement him/herself or having same signed- by a representative, acknowledges his/her/their authority to do so, and hereby assumes liability for all stated amounts. 7. PAYMENT: All payments shall be paid by CERTIFIEDCHECK or CORPORATE CHECK as follows: PURCHASER shall pay a $30,000.00 Deposit to, and in the name of, AGENT not later than 11/15/08. Please Initial PURCHASER shall pay a $30,000.00 Final Payment to, and in the name of AGENT, not later than 06/15/2009 Please Initial x Date—/—/— PURCHASER Craig Johnson, Mayor Village of Elk Grove Village 901 Wellington Elk Grove Village, IL X i U 1 ollj Date (0 /_0 AGENT Murray Weiner Entertainment Management Group PO Box 91766 Elk Grove Village, IL