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HomeMy WebLinkAbout94-149 Resolution No. 94-149 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ECC JAZZ ENSEMBLE FOR A PERFORMANCE FOR THE ELGIN FINE ARTS FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ,ELGIN, ILLINOIS, that it hereby authorizes Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, to execute an agreement with the ECC Jazz Ensemble for a performance for the Elgin Fine Arts Festival, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 8, 1994 Adopted: June 8, 1994 Omnibus Vote: Yeas. 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PERFORMANCE AGREEMENT This agreement is entered into this /_� th day of , 1994, by and between the City of Elgin, Illinois, a municipal cor- poration (hereafter referred to as "City") , and ECC Jazz Ensemble, a performing group (hereafter referred to as "ECC Jazz Ensemble") . Now therefore, in consideration of the mutual promises and cov- enants contained herein, the sufficiency of which is hereby acknowl- edged, the parties hereto agree as follows: 1. ECC Jazz Ensemble shall provide a performance of a con- cert at the Elgin Fine Arts Festival Hemmens Auditorium in Elgin, Illinois on August 27, 1994, beginning at 5 :OOpm. The perfor- mance shall conclude at 6 : 00 p.m. 2 . ECC Jazz Ensemble shall assume and pay all transportation costs, including, but not limited to air fare and ground transporta- tion, to and from the performance location. 3 . Ticket prices shall be free. <�00 4 . City shall pay to ECC Jazz Ensemble the sum of $-1OG imme- diately following the performance on August 27, 1994 . Such sum shall constitute full payment. 5 . This Agreement shall not constitute nor be construed as an employment, joint venture or partnership agreement between the par- ties hereto. 6 . ECC Jazz Ensemble shall not conduct any marketing, promo- tional or other activities related to the event without prior writ- ten agreement from the Hemmens Program Coordinator. 7 . In the event of sickness or of accident to artist, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation servic- es, war conditions or emergencies or any cause beyond the control of artist, it is understood and agreed that there shall be no claim for damages by performer against City. 8 . ECC Jazz Band warrents and represents that all performing fees and costs shall be paid by the artist, including, but not lim- ited to, all applicable royalty fees and union dues . 9 . Each provision of this agreement shall be considered sever- able, and if any of the provisions contained herein are determined to be void, illegal or otherwise unenforceable for any reason, the remainder of this agreement shall be valid and enforceable, and shall remain in full force and effect. 10 . This agreement shall be subject to and governed by the laws of the state of Illinois . CITY OF ELGIN, a municipal corporation Attest: City Manager City-Clerk Corporation ` r Artist By �✓' Vim-�%�d,� Title July 21, 1994 MEMORANDUM T0: Alike Sarro, Purchasing Agent FROM: Su 'e Richardson, Hemmens Program Coordinator SUBJECT: flPa�ment to ECC Jazz Ensemble When the contract for the ECC Jazz Ensemble's performance was is- sued, the amount of the fee was incorrectly given. The contract is in the amount of $100 . The fee agreed on was $200 . Please issue the check for the band in the correct amount of $200. Thank you. Should you have any questions or concerns, please feel free to call me at 5907 .