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Home My WebLink About02-197 Resolution No. 02-197 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA FOR THE ELGIN FINE ARTS FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim 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 Wing Park Bandshell for the Elgin Fine Arts Festival , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 12 , 2002 Adopted: June 12 , 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk RAGREE/PERFORM.AWC 5/2000 PERFORMANCE AGREEMENT This Agreement is made and entered into this �-q day of 2002, 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 23,2002 Type of Engagement: Elgin Fine Arts Festival Starting and Finishing Time of Engagement: 7:30 pm 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 an agreed to later date as mutually agreed by the parties taking into account the Artist's touring obligations. In such event of a rain-out,Artist will be paid 100%of its fee whether the performance is cancelled by the City,played indoors,postponed to a later time the same day or postponed to an agreed to later date as mutually agreed by the parties taking into account the Artist's touring obligations. In the event the outdoor temperature drops below 55 degrees Fahrenheit, the Artist agrees to perform on the same day indoors or on an agreed to later date as mutually agreed by the parties taking into account the Artist's touring obligations. Notwithstanding anything to the contrary in this agreement, in the event the parties are unable to agree on a later date for the performance the Artist will not be paid any portion of its fee. 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. In such event the Artist will not be paid any portion of its fee. 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 the Circuit Court of 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 Agreement,the documents it incorporates and its attachments, if any,constitute the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. 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. 17. No official,director,officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval of attempted execution of this Agreement. 18. All notices required herein shall be directed to the parties as follows: Jane Cordes,CPRP Artist: Elgin Symphony Orchestra Special Events Coordinator 20 DuPage Court Elgin Parks&Recreation Dept. Elgin,Illinois 60120 31 South Grove Ave. Elgin,Illinois 60120 Payable to:Elgin Symphony Orchestra IN WITNESS WHEREOF,the parties have executed this agreement on the date and year first written above. CITY OF ELGIN ARTIST B Y By City Manage Its FEIN#/SSN# City of Elgin Agenda Item No. May 17, 2002 TO Mayor and Members of the City Council RECREAT10 NAl EE15 URE ANU GULTURAI OPPORTUNITIES FOR-1.�ITIZ.ENS FROM: Olufemi Folarin, Interim 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 regarding a Performance Agreement with the Elgin Symphony Orchestra for the 2002 Fine Arts Festival . BACKGROUND For ten of the eleven years that the City has sponsored the Fine Arts Festival, the Elgin Symphony Orchestra (ESO) 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 23 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. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED American Association of University Women and Fine Arts Festival Steering Committee. FINANCIAL IMPACT There are sufficient funds budgeted and available in the Riverboat Fund-Special Events, account number 275-0000-791-47-00, project number 099565, to enter into this $15, 000 agreement with the ESO. GAL IMPACT None Elgin Symphony Orchestra Fine Arts Festival Concert May 17, 2002 Page 2 ALTERNATIVES 1 . Approve the Performance Agreement with Elgin Symphony Orchestra for the Fine Arts Festival Concert . 2 . Do not approve the Performance Agreement with Elgin Symphony Orchestra for the Fine Arts Festival Concert . RECOMMENDATION It is recommended that the City Council approve the Performance Agreement with the Elgin Symphony Orchestra in the amount of $15, 000 for the Fine Arts Festival Friday Concert . Respectfully submitted, M 0lufemi F arin Inte 'm Cit ger JC:js attachment