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Home My WebLink About96-239 Resolution No. 96-239 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute a Performance Agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra Association for a performance by the Elgin Symphony Orchestra at the Wing Park Band Shell on August 23, 1996, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 14 , 1996 Adopted: August 14 , 1996 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk II El • n Agenda Item No . P) (0 August 8, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Elgin Symphony Orchestra Fine Arts Festival Concert PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Performance Agreement with the Elgin. Symphony Orchestra for the 1996 Fine Arts Festival . BACKGROUND For three out of the four years that the City has sponsored the Fine Arts Festival, the Elgin Symphony Orchestra has provided the kick-off concert on Friday evening. This perfor- mance will again take place at the Wing Park Bandshell on Friday, August 23 at 7 : 30 p.m. . The ESO has promised an exciting program of music for all ages ranging from Beethoven to "Showboat" to the Star Spangled Banner. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Symphony Orchestra and American Association of Universi- ty Women. FINANCIAL IMPACT Sufficient funds are available in the Fine Arts Festival Account 010-6902-719 . 89-03, project number 540210, for this $15, 000 expenditure. LEGAL IMPACT None. ALTERNATIVES The alternative is to not have a Friday night concert per- formed by the Elgin Symphony Orchestra. • • • AW Elgin Symphony Orchestra Fine Arts Festival Concert August 8, 1996. Page 2 RECOMMENDATION It is recommended that the Mayor and members of the City Council approve the Performance Agreement for the Elgin Symphony Orchestra to perform at the Friday, August 23 Fine Arts Festival Concert. Respectfully submitted, Monica Bates, Director Parks and Recreation Department Richard B. Helwig City Manager kb i I PERFORMANCE AGREEMENT This Agreement is made and entered into this 25th day of July, 1996, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and Elgin Symphony Orchestra Association, (hereinafter referred to as the "Artist" ) . For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Artist will give a performance as follows: Name and Address of Place of Engagement: Wing Park Band Shell . Date(s) of Engagement: August 23., 1996. Type of Engagement: A concert approximately 1 :45 hr in length. Starting and Finishing Time of Engagement: Starting at 7 : 30pm. Number of Musicians : 70 2 . That the City in consideration of the artistic services of the Artist agrees to pay a total fee of $15,000 . Said fee is the total compensation to be paid the Artist inclusive of any and all costs and expenses incurred by the Artist in connection with the subject performance. Payment shall be made to the Artist by check upon completion of the performance. 3 . The parties hereto understand and agree that none has acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, it- o=fficers, employees and agents harmless from any and all --L s, causes of action or expenses whatsoever relating to same. 4 . That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 5 . That the content, nature and medium of the program shall be entirely within the discretion of the -Artist, except that the City shall have the right to direct the Artist to i t� . <,. , ,� L !rF'� _ cr..� discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6 . That no performance shall be recorded, reproduced or transmitted from the place of the performance in any manner or by any means whatsoever in the absence of a specific written agreement with the Artist or the Artist' s representative. 7 . That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. 8 . That the City reserves the right and privilege of cancelling this agreement by giving thirty (30) days prior written notice to the Artist. In the event the City cancels this performance within thirty (30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7) days of the scheduled date thereof, the Artist will be paid -its full performance fee. 9 . That in the event the performance involves an outdoor performance and the City cancels the outdoor performance due to rain, the Artist agrees to perform on the same day indoors, at a later time the same day outdoors or on a later date depending upon 'the Artist' s touring obligations . In such an event of a rainout, Artist will be paid 100 percent of its fee whether the performance is cancelled,. played indoors, postponed to a later time the same day or postponed to a later date. In addition, the Artist will not be required to perform outdoors if the temperature drops below 55° Fahrenheit. 10 . That the Artist reserves the privilege of cancellation by giving sixty (60) days prior written notice to the City in the event of television, motion picture or other major career enhancing engagements . 11 . That the Artist shall pay all applicable performance presentation costs and fees including but not limited to, all royalty, copyright or union fees, and further, Artist warrants and represents that all such costs shall have been paid and all performance rights obtained prior to performance. The Artist hereby indemnifies and holds the City of Elgin, _its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 12 . That the Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever arising out of or due to the negligent acts of the -2- i I i �My_ .�� n- �' , ) Artist, its employees or agents in connection with the performance of this agreement. 13 . That this agreement shall be subject to and governed by the laws of the State of Illinois . Venue for any action brought pursuant to this agreement shall be in Kane County, Illinois . 14 . That the following riders are attached hereto and made a part of this agreement: One rider to performance agreement attached. It is understood and agreed between the parties hereto that in the event of any conflict between the terms of this form contract and the provisions of any rider attached hereto, that the provisions of this form contract shall control . 15 . All notices required herein shall be directed to the parties as follows : Monica Bates Artist: Director of Parks and Recreation Elgin Symphony Orchestra City of Elgin 1700 Spartan Drive 150 Dexter Court Elgin, IL 60123 Elgin, IL 60120-5555 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY OF ELGIN ARTIST By By , City Manager Its E,rPGw �`v 1►��toy► -3- I II .. ` _. _ � . •x 5: d:'r'S�..e�' �� ,i.M4Y 3' � t �,f�;2;� �.Y r RIDER TO PERFORMANCE AGREEMENT This Rider is made a part of - and incorporated -into that certain performance agreement dated July 25, 1996, entered into by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and the Elgin Symphony Orchestra, a not-for-profit corporation (hereinafter referred to as "the Elgin Symphony Orchestra" ) . 1. That admission to the concert shall be free. 2 . That the Elgin Symphony Orchestra shall not conduct any marketing, promotional or other activities related to the event without. prior written agreement from the City's Hemmens Program Coordinator. 3 . That the Elgin Symphony Orchestra shall participate and perform a rehearsal before said concert at Wing Park Bandshell, located in Wing Park, Elgin, Illinois, at 3 : 30 p.m. , Friday, August 23, 1996 . CITY OF ELGIN ELGIN SYMPHONY ORCHESTRA By By City Manager Its (4- We 01i"6-T Attest: � t�liY c fr�iJ City Clerk -4- •` } 'i �- �`.- �� 1