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Home My WebLink About99-130 Resolution No. 99-130 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA FOR THE FINE ARTS FESTIVAL CONCERT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 concert on August 20, 1999 , a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 28, 1999 Adopted: April 28, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RAGREE/PERFORM.AWC 4/12/95 PERFORMANCE AGREEMENT This Agreement is made and entered into this 2nd day of April, 1999, 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 Bandshell Date (s) of Engagement: August 20, 1999 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 (if no booking agent involved in this agreement insert "none") . 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, its officers, employees and agents harmless from any and all claims, 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 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 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 at the scheduled starting time on the same day indoors . In such an event of a rainout, Artist will be paid 100 percent of its fee whether the performance is cancelled, or played indoors . 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 Artist, its employees or agents in connection with the performance of this agreement. -2- 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 . 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 : Maria Cumpata, Artist: Superintendent Recreation & Facilities Elgin Symphony Orchestra City of Elgin 20 Dupage Court 150 Dexter Court Elgin IL 60120 Elgin, IL 60120-5555 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY O ELGIN ARTIST By By C' M ager y S-/�� Its 0 etrA s e r e c ELGINSYM.PHO/TEXT081/CONCERTS -3- <s Agenda Item No. City of Elgin April 7, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, 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 1999 Fine Arts Festival . BACKGROUND For six of the seven years that the City has sponsored the Fine Arts Festival, the Elgin Symphony Orchestra has provided the kick-off concert on Friday evening. This free performance • will again take place at the Wing Park Bandshell on Friday, August 20 at 7 : 30 p.m. Attached is the Standard Performance Agreement that is uti- lized with all entertainment contracted with the City. The cost to cpntract the Elgin Symphony Orchestra for the Friday Evening Concert is $15, 000 . Elgin Symphony Orchestra will create the arrangement and provide a two-hour performance with a 20-minute intermission. The City of Elgin will provide security for the event and a firework display in conjunction with the Symphony concert . . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Symphony Orchestra, American Association of University Women and Fine Arts Festival -Steering Committee . FINANCIAL IMPACT Sufficient funds are budgeted and- available in the Fine Arts Festival account number 010-6902-719 . 89-03 , project number 540210, for this $15, 000 expenditure . WW None . IMPACT • None . Elgin Symphony Orchestra Fine Arts Festival Concert April 7 , 1999 Page 2 ALTERNATIVES The alternative is to not have a Friday night concert per- formed by the Elgin Symphony Orchestra. 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 20 Fine Arts Festival Concert . R ctfully submi i d, Jo e A Parker City Manager JC/js • f