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Home My WebLink About24-0116 Banda El RecuerdoPage d PERFORMANCE AGREEMENT This Agreement is made and entered into this 16_ day of January_, 2024, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"), and _Banda El Recuerdo ( hereinafter referred to as the "Artist"). &qmv\ 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 1010 Wing St. Elgin, IL 60123 Date(s) of Engagement: June 181', 2024 Type of Engagement: Musical Preformance: Concert in The Park Starting and fmishing time of engagement: _7:OOpm-8:30pm. Number of Performers: 17 2. That the City in consideration of the artistic services of the Artist agrees to pay a total fee of $ 2�`. 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. 3. 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. 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. Page (2 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 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. 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 Kane County, Illinois. 13. 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 To r., sue- a� • �--:+�. +�. m:� . �.x � • � ---� --- ---•—M--�--- - Page 13 that in the event of any conflict between the terms of this form contract and the i provisions of any rider attached hereto, that the provisions of this form contract shall i control. 14. 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. 15. 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. 16. All notices required herein shall be directed to the parties as follows: Valerie 3enig Artist: �11 �0 Special Events Coordinator c/o !Cr t 150 Dexter Ct. j Elgin, IL 60I20 Payable to-,"'1 G IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. By G City Manager By Its FEIN#/SSN: