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Home My WebLink About01-130 Resolution No. 01-130 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA FOR THE FINE ARTS FESTIVAL 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 for a performance at the Fine Arts Festival at the Wing Park Bandshell on August 24 , 2001, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: May 23 , 2001 Adopted: May 23 , 2001 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Suellen Losch Suellyn Losch, Deputy City Clerk A RAGREE/PERFORM.AWC 5/2000 PERFORMANCE AGREEMENT This Agreement is made and entered into this$Lday of U, 001,by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"), and Elgin symphony Orchestra,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,Elgin,Illinois 60123 Date(s)of Engagement: Friday,August 24,2001 Type of Engagement: Elgin Fine Arts Festival Starting and Finishing Time of Engagement: 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 $15,000.00 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 canceling 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 rain-out, Artist will be paid 100 percent of its fee whether the performance is canceled,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 union fees. 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. Indemnification. To the fullest extent permitted by law, Artist agrees to 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 other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Artist's officers, employees or agents in the performance of this agreement. 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. 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(if no riders are being attached to this agreement insert "none): see attached. _none 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. This contract represents the entire agreement between the parties hereto.There may be no modification to the terms hereof without the express written consent of the City of Elgin 16. If any provision of this contract should be deemed invalid by any court of competent jurisdiction,the remaining provisions shall remain in full force and effect. 7. All notices required herein shall be directed to the parties as follows: Jane Cordes,CLP Artist: Elgin Symphony Orchestra Special Events Coordinator 20 DuPage Court Elgin Parks&Recreation Dept. Elgin,Illinois 60120 31 South Grove Ave. Elgin,Illinois 60120 IN WITNESS WHEREOF,the parties have executed this agreement on the date and year first written above. CITY OF ELGIN ARTIST B B T69, A J Y — Y Cit} anagr Its c �" s City Of Elgin Agenda Item No. May 4 , 2001 TO: Mayor and Members of the City Council RF_C REATIO NAL LEISURE A NV CFt:TIJ RLL ITIZLNS NII'IGS F012 ALL CiT12 ENS 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 2001 Fine Arts Festival . BACKGROUND For nine of the ten years that the City has sponsored the Fine Arts Festival, the Elgin Symphony Orchestra has provided the kick-off concert on Friday evening. This performance, free to the public, will again take place at the Wing Park Bandshell on Friday, August 24, at 7 :30 p.m. The ESO has promised an exciting program for all ages . Attached is the Standard Performance Agreement that is utilized with all entertainment contracted with the city. The cost of the concert is $15, 000 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Symphony Orchestra, American Association of University Women (steering committee members and sponsors of the fine art show) , and the Fine Arts Festival Steering Committee have all concurred with this request . FINANCIAL IMPACT Sufficient funds are available in the Fine Arts Festival account number 010-6902-719 . 89-03 , project number 340210, for this $15, 000 expenditure. LEGAL IMPACT None . Elgin Symphony Orchestra fine Arts Festival Concert May 4 , 2001 Page 2 ALTERNATIVES The alternative is to not have a Friday night concert performed 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 24, Fine Arts Festival Concert at a cost not to exceed $15, 000 . gR ectfully submitted, Joyce A. Parker City Manager