HomeMy WebLinkAbout23-0605 4th Parade - Photographer Milo Barsanti-GonzalezPERFORMANCE AGREEMENT
This Agreement is made and entered into this 5th day of June, 2023, by and between the
City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"),
and Milo Barsanti-Gonzalez ( 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:
That Artist will give a performance as follows:
The Artist(s) will provide a service for four hours. Artist(s) will be in charge of bringing any and
all equipment needed to preform. Artist(s) should arrive at least 1 hour before performance to
ensure correct start time.
Name and Address of Place of Engagement:
Wing Park Bandshell at Wing Park 1010 Wing St., Elgin, IL 60123
Date(s) of Engagement: July'4th, 2023
Type of Engagement: 411 of July Parade Photography
Starting and finishing time of engagement: 8:00am-12:00pm
Number of Performers: 2
That the City in consideration of the artistic services of the Artist agrees to pay a total fee of
$1,360. 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 within 30 days after the completion of the performance.
The parties hereto understand and agree that N/A 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, its
officers, employees and agents harmless from any and all claims, causes of action or expenses
whatsoever relating to same.
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.
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.
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.
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.
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
cancelled, played indoors, postponed to a later time the same day or postponed to a later date.
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.
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.
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.
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 Kane
County, Illinois.
That the following riders are attached hereto and made a part of this agreement: see attached
application if applies. 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.
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.
If any provisions of this contract should be deemed invalid by any court of competent
jurisdiction, the remaining provisions shall remain in full force and effect.
All notices required herein shall be directed to the pariest1
Rick Kozal Artist.
City Manager c/o
150 Dexter Court
Elgin, IL 60120
Payable to:
IN WITNESS WHEREOF, the parties have executed this agreement on the date and year
first written above.
Cl F
B3 Ay By
ity Manager /Itys
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