Loading...
HomeMy WebLinkAbout07-178 SPUD MESSAUE TO FROM SUBJECT 1 � Iv �11 — �\ DATE 1 t SIGNEb WIISOD.IOD@S® WHITE-ORIGINAL CANARY-DUPLICATE J 44-900•Duplicate Resolution No. 07-178 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA FOR THE FOXFIREFEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager,and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Performance Agreement with the Elgin Symphony Orchestra for the FoxFireFest on Friday,August 3,2007,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 11, 2007 Adopted: July 11, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk i Performance Agreement with the Elgin Symphony Orchestra for various performances June 22, 2007 Page 4 ESO PERFORMANCE AGREEMENT This Agreement is made and entered into this-"day of V�,2007,by and between the City of Elgin,an Illinois municipal corporation (hereinafter referred to as the"City"),and Elgin Symphony Orchestra,an Illinois not-for-profit corporation(hereinafter referred to as"Artist"). For and in consideration of the mutual promises and undertakings contained herein,and other good and valuable consideration,the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. That Artist will give a performance as follows: Name and Address of Place of Engagement: Festival Park, 132 S.Grove,Elgin IL. Date(s)of Engagement: Friday,August 3,2007 Type of Engagement: Elgin FoxFireFest - Starting and finishing time of engagement: 7:30 p.m.=9:30 p.m. Number of Musicians: 70 2. City shall pay to Artist a total fee of$20,000. Said fee is the total compensation to be paid to 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. Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed so as to create a joint venture,partnership, employment or other agency relationship between the parties hereto. 4. That the content,nature and medium of the program shall be entirely within 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. 5. 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. 6. That the City grants approval for the Artist to sell its own recordings or souvenirs prior to the performance,during intermission, and directly after the performance. 7. City may terminate this agreement and cancel the performance upon thirty(30)days prior written notice to the Artist for any or no reason. 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. Performance Agreement with the Elgin Symphony Orchestra for various performances June 22, 2007 Page 5 8. In the event the subject performance is untenable in City's sole discretion due to inclement weather,the subject performance shall be moved to an alternate location and/or time or date as determined by agreement between the parties hereto. Notwithstanding anything to the contrary in this agreement, in the event the parties are unable to agree to such a change in venue,time,or date. Artist shall not be paid nor entitled to any portion of its fee and shall refund to City any amounts paid by City to Artist. 9. That Artist may terminate this agreement and cancel the performance upon 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. 10. 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. 11. 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. The provisions of this paragraph shall survive any termination or expiration of this agreement. 12. That this agreement shall be subject to and governed by the laws of the State Illinois. Venue for any action brought pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 13. In no event shall Artist be entitles to monetary damages from City for any reason, including, but not limited to,compensatory,consequential, or incidental damages. 14. 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. 15. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this contract shall remain in full force and effect. 16. 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. 17. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this agreement shall remain in full force and effect. Performance Agreement with the Elgin Symphony Orchestra for various performances June 22, 2007 Page 6 18. All notices required herein shall be directed to the parties as follows: Barb Keselica Artist: Elgin Symphony Orchestra Special Events Coordinator 20 DuPage Ct. 100 Symphony Way Elgin, IL 60120 Elgin, 10L 60120 Payable to: Elgin Symphony Orchestra IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CI ELGIN ARTIST By . By City ana er Its FEIN#/SSN C Ity Of Elgin Agenda Item No. y r .l t r- June 22, 2007 TO: Mayor and Members of the City Council /C etri ation:,I,Lei nre and FROM: Olufemi Folarin, City ManageLager c,dtw ropp:moil&.1 r:1liCitizen( Sean R. Stegall, Assistant City Randy Reopelle, Parks and Recreation Director SUBJECT: Performance Agreement with the Elgin Symphony Orchestra for FoxFireFest, the establishment of a Matinee Series and for the expansion of the Pops Series. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of the Performance Agreement with the Elgin Symphony Orchestra (ESO) for FoxFireFest, the establishment of a Friday Matinee Series and for the • expansion of the Pops Series. RECOMMENDATION It is recommended that the City Council approve the Performance Agreement with the ESO in the amount of$91,000. BACKGROUND Friday Matinee Series For several years, the city has requested that the ESO examine the potential of establishing a matinee series as a means of adding an additional daytime attraction in the center city. After careful review, ESO has agreed to move forward with the concept with the necessary financial support from the City. The Matinee Series provides a viable concert option for our senior patrons and allows flexibility for audience members who cannot attend concerts on the weekend. More importantly, the Matinee concerts provide another cultural opportunity for our expanding region and will introduce 3,600 patrons to downtown Elgin on Friday afternoons. The new Matinee Series will consist of six Classic concerts beginning at 1:30 p.m. Each matinee will feature a presentation and discussion of the music to be performed with the conductor of the concert. The dates are as follows: November 2, 2007, January 4, 2008, February 1, 2008, February 29, 2008, May 2, 2008 and June 13, 2008. The requested amount for the matinee series is $63,000. • Performance Agreement with the Elgin Symphony Orchestra for various performances June 22, 2007 Page 2 Expansion of the Pops Series The expansion of our Pops Series will consist of an additional weekend of three concerts in November of this year. ESO patrons have repeatedly requested that we expand this series and we are now responding to their needs by building this more substantial concert series. The requested amount for the additional Pops Series is $10,000 FoxFireFest For fourteen of the fifteen years that the City has sponsored the Fine Arts Festival, the Elgin Symphony Orchestra(ESO) has provided the kick-off concert on Friday evening. We would like to continue this tradition with FoxFireFest, which is replacing the Fine Arts Festival. This performance, free to the public, will take place at Festival Park on Friday, August 3, at 7:30 p.m. In 2006, approximately 2,500 people attended the Symphony's Friday evening performance. 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 requested amount for the FoxFireFest Performance is $18,000. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED American Association of University Women and the FoxFireFest Steering Committee. FINANCIAL IMPACT The cost of the various initiatives is $91,000. There are sufficient funds budgeted ($183,330) and available ($116,068) in the Recreation Fund, Special Events Expense, account number 296- 5011-762.47-00, project number 039711, to pay Elgin Symphony Orchestra a not-to-exceed amount of$91,000. LEGAL IMPACT None ALTERNATIVES 1. The Council may choose to approve the Performance Agreement with the Elgin Symphony Orchestra in the amount of$91,000. 2. The Council may choose not to approve the Performance Agreement with the Elgin Symphony Orchestra in the amount of$91,000. • • Performance Agreement with the Elgin Symphony Orchestra for various performances June 22, 2007 Page 3 3. The Council may choose to direct staff to negotiate a Performance Agreement with different terms with the Elgin Symphony Orchestra. Respectfully submitted for Council consideration. RR/bk attachment •