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HomeMy WebLinkAbout92-0527 Chicago Percussion eta-o5A- - 1 a.rc_viServk RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CHICAGO PERCUSSION QUARTET FOR THE ELGIN FINE ARTS FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with the Chicago Percussion Quartet for the Elgin Fine Arts Festival, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 27, 1992 Adopted: May 27, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MUSICAL SERVICES CONTRACT 3 Leo' AMERICAN FEDERATION OF MUSICIANS OF THE U.S.A. & CANADA ("FEDERATION") ... 4;�''. CHICAGO FEDERATION OF MUSICIANS, LOCAL 10-208 ("LOCAL UNION") 5 8 914 ® 175 W. WASHINGTON ST., CHICAGO, ILL. 60602 (312) 782-0063 LEADER! LIOCAL 1 REPORTINGHEN PHONE,0-201CONTRACT COPIES MUST BE ON FILE WITHIN 72 HOURS AFTER START OF ENGAGEMENT. THIS CONTRACT IS FOR THE PERSONAL SERVICES OF MUSICIANS ON THE ENGAGEMENT DESCRIBED BELOW BETWEEN THE UNDERSIGNED PURCHASER OF MUSIC(HEREIN CALLED"PURCHASER") AND THE UNDERSIGNED MUSICIAN OR MUSICIANS ON THE TERMS AND CONDITIONS STATED BELOW AND ON THE REVERSE SIDE 1, NAME OF NUMBER OF UNIT/GROUP CHICAGO PERCUSSION Quartet featuring _ MUSICIANS Four UNIT members of the Elgin Symphony Orchestra (Include Leader) LEADER Russ Knutson LOCAL 10-208 ACCOUNT NO. 43812 2. PLACE OF ENGAGEMENT Hemmens Court Yard ROOM Outside ADDRESS 150 Dexter Court Elgin, Illinois 60120 (Street) (City 8 State) (Zip Code) 3(a). EXACT DAY(S), DATE(S), HOURS, DURATION AND OPTIONS OF EMPLOYMENT Sunday August 30, 1992 3 : 30 P .M. Concert 3(b). TYPE OF ENGAGEMENT 45 Minute Concert (Concert.Parade.Show.Dance,Steady,Off-Night(s),Etc 1 4. COMPENSATION AGREED OVERTIME S UPON FOR SERVICES $ 600. 00 CHARGE NONE 5. PAYMENT TERMS FOR (Exact Amount Per Date.Per Week,or Full Engagement) DEPOSIT AND BALANCE $100 . 00 Deposit due May 15 , 1992 and $ lance due 8/30/92 THIS CONTRACT VOID IF NOT SIGNED AND RETURNED TO THE SUBMITTING PARTY BY May 15 , 1992 6. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT.OR BREACH THEREOF,SHALL BE RESOLVED UNDER ONE OF THE FOLLOWING PROCEDURES TO BE SELECTED BY THE PURCHASER AT THE TIME THAT THIS CONTRACT IS SIGNED.BY PLACING HIS OR HER INITIALS IN THE BOX ADJACENT TO THE PROCEDURE SELECTED IN THE EVENT THAT NEITHER BOX IS INITIALED,IT WILL BE CONCLUSIVELY PRESUMED THAT THE PURCHASER HAS CHOOSEN THE PROCEDURES SET FORTH IN(A). (A) (EXECUTIVE BOARDS) STEP 1 ANY SUCH CONTROVERSY SHALL FIRST BE SUBMITTED TO THE LOCAL UNION BOARD OF DIRECTORS(HEREIN CALLED THE"LOCAL BOARD")IN ACCORDANCE WITH RULES OF PRACTICE AND PROCEDURE ADOPTED BY IT FOR THIS PURPOSE ALL RULINGS AND AWARDS MADE BY THE LOCAL BOARD UNDER THIS STEP 1 SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S),UNLESS ANY PARTY INVOKES STEP 2 WITHIN TEN DAYS AFTER THE MAILING OF A DECISION OF THE LOCAL BOARD. STEP 2 A DECISION OF THE LOCAL BOARD UNDER STEP 1 MAY BE APPEALED TO THE INTERNATIONAL EXECUTIVE BOARD OF THE FEDERATION(HEREIN CALLED"IEB')BY ANY PARTY WHO WAS A PARTICIPANT THEREIN APPEALS FROM SUCH PROCEEDINGS SHALL BE PERFECTED IN THE MANNER PROVIDED IN THE RULES OF PRACTICE AND PROCEDURE OF THE WEB IN EFFECT AT THE TIME OF SUCH APPEAL ALL RULINGS AND AWARDS MADE BY THE LOCAL BOARD WHICH ARE NOT APPEALED TO THE I EB SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S)AND ALL RULINGS AND AWARDS MADE BY THE IEB ON APPEAL SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S).ANY PARTY TOA PROCEEDING BEFORE THE LOCAL BOARD OR TO AN APPEAL TO THE IEB MAY BRING AN ACTION TO CONFIRM OR ENFORCE A FINAL DETERMINATION AND AWARD OF THE LOCAL BOARD OR,IF APPEALED.OF THE IEB,IN THE COURTS OF THE JURISDICTION IN WHICH THE LOCAL BOARD IS LOCATED,AND THE PURCHASER AND PARTICIPATING MUSICIAN(S)AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURT OR COURTS FOR THAT PURPOSE (B) (AMERICAN ARBITRATION ASSOCIATION) 1 STEP 1 ANY SUCH CONTROVERSY SHALL FIRST BE SUBMITTED TO THE LOCAL UNION BOARD OF DIRECTORS(HEREIN CALLED THE"LOCAL BOARD")IN ACCORDANCE WITH RULES OF PRACTICE AND PROCEDURE ADOPTED BY IT FOR THIS PURPOSE.ALL RULINGS AND AWARDS MADE BY THE LOCAL BOARD UNDER THIS STEP 1 SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S),UNLESS ANY PARTY INVOKES STEP 2 WITHIN TEN DAYS AFTER THE MAILING OF A DECISION OF THE LOCAL BOARD STEP 2 A DECISION OF THE LOCAL BOARD UNDER STEP 1 MAY BE SUBMITTED TO ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION,AND JUDGEMENT UPON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF THE COST OF THE ARBITRATION PROCEEDING,EXCEPT THOSE COSTS PERSONALLY INCURRED BY THE PARTIES HERETO FOR THE PRESENTATION OF THEIR OWN CASE.SHALL BE SHARED EQUALLY BY THE PURCHASER AND THE SIGNATORY MUSICIAN(S). CONTINUED ON REVERSE SIDE THIS CONTRACT CANNOT BE CANCELLED EXCEPT WITH THE MUTUAL WRITTEN CONSENT OF ALL PARTIES. IN WITNESS WHEREOF,the parties hereto have hereunto set their names and seals on the day and year appearing opposite their respective names. r G . / relit.. L ,1J Russ Knutson X Print Full an. o" 'J lydual.Partnership or Cor..rate Name of Purchaser Print Nam ignatory 44 -rYL ci X X go X4/17/92 Si t Pu chaser(or Agent thereof) Date gnature of Signatory Musician . ls10 C 5735 N. Christiana Avenue _ tree ddress— Musician s Home Address Elgin, Illinois x Z 0/-2 C7 Chicago, Illinois 60659-4503 /City State Zip Code City State 2.[ Ci 1«, /` C7o ) (� y.- — ,s 0 (312) 539-8415 Telephones) Telephonels) Booking Agent Agreement No Address CONTRACT MUST BE COMPLETELY FILLED IN, DATED AND SIGNED BY ALL PARTIES BEFORE START OF THE ENGAGEMENT. DO NOT LEAVE ANY BLANK SPACES. THIS FORM MAY BE USED ONLY IF THE UNIT LEADER IS A MEMBER OF LOCAL 10-208 AND ONLY FOR ENGAGEMENTS TO BE PLAYED WITHIN LOCAL 10-208 JURISDICTION. DO NOT INCLUDE MOIRE THAN ONE UNIT LEADER NOR MORE THAN ONE PLACE OF ENGAGEMENT. THIS CONTRACT MAY INCLUDE MORE THAN ONE ENGAGEMENT DATE BUT MAY NOT EXTEND BEYOND ONE YEAR FROM FIRST ENGAGEMENT DATE. THE PURCHASER SHALL BE RESPONS FOR PROVIDING THE FOLLOWING FACILITIES, IF REQUIRED, AND IN GOOD WORKING CONDITION: LIC ADDRESS SYSTEM, ELECTRICAL OUTLETS, LIGHTING, ETC. THE PURCHASER MUST SIGN ALL COPI S OF THIS CONTRACT,KEEP THIS COPY AND RETURN ALL OTHER COPIES TO THE SUBMITTER BY ABOVE SHOWN DATE.Na y 1 5 , 1 9 92 AFM FORM LP-1(LOCAL 10-208 SPECIAL REVISED 1/82) CHICAGO FEDERATION OF MUSICIANS ,. 125 i PURCHASER COPY RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CHICAGO SYNTHESIZER DUO FOR THE ELGIN FINE ARTS FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with the Chicago Synthesizer Duo for the Elgin Fine Arts Festival, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor • Presented: May 27, 1992 Adopted: May 27 , 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MUSICAL SERVICES CONTRACT ,trj '�`�• AMERICAN FEDERATION OF MUSICIANS OF THE U.S.A. & CANADA ("FEDERATION") 'r>'t. CHICAGO FEDERATION OF MUSICIANS, LOCAL 10-208 ("LOCAL UNION") 5891 3 175 W. WASHINGTON ST., CHICAGO, ILL 60602 (312) 782-0063 HEN REPORTING ENGAGEMENT BY PHONE INSERT "MEMO" NO LEADER! LrOCAL 10-208 CONTRACT COPIES MUST BE ON FILE WITHIN 72 HORS AFTER START OF ENGAGEMENT. THIS CONTRACT IS FOR THE PERSONAL SERVICES OF MUSICIANS ON THE ENGAGEMENT DESCRIBED BELOW BETWEEN THE UNDERSIGNED PURCHASER OF MUSIC(HEREIN CALLED"PURCHASER") AND THE UNDERSIGNED MUSICIAN OR MUSICIANS ON THE TERMS AND CONDITIONS STATED BELOW AND ON THE REVERSE SIDE 1. NAME OF NUMBER OF UNIT/GROUP CHICAGO SYNTEE-SIZYR DUO MUSICIANS Two (Include Leader) UNIT LEADER Russ Knutson LOCAL 10-208 ACCOUNT NO 43812- • 2. PLACE OF ENGAGEMENT Hemmens Court Yard ROOM_O„tside ADDRESS 150 Dexter Court Elgin, Illinois 60120 (Street) (City 8 State) (Zip Code) 3(a). EXACT DAY(S), DATE(S), HOURS, DURATION AND OPTIONS OF EMPLOYMENT Sunday August 30, 1992 12 : 30 P .M. Concert 3(b). TYPE OF ENGAGEMENT 45 minute concert (Concert.Parade,Show,Dance,Steady,Otf-Night(s).Etc 1 4. COMPENSATION AGREED OVERTIME $ UPON FOR SERVICES S 450 . 00 CHARGE NONE (Exact Amount Per Date.Per Week,or Full Engagement) 5. PAYMENT TERMS FOR DEPOSIT AND BALANCE $100 . 00 Deposit due May 15 , 1992 and $350. 00 Balance due THIS CONTRACT VOID IF NOT SIGNED AND RETURNED TO THE SUBMITTING PARTY BY May 15 , 1992 6. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT,OR BREACH THEREOF,SHALL BE RESOLVED UNDER ONE OF THE FOLLOWING PROCEDURES TO BE SELECTED BY THE PURCHASER AT THE TIME THAT THIS CONTRACT IS SIGNED,BY PLACING HIS OR HER INITIALS IN THE BOX ADJACENT TO THE PROCEDURE SELECTED IN THE EVENT THAT NEITHER BOX IS INITIALED,IT WILL BE CONCLUSIVELY PRESUMED THAT THE PURCHASER HAS CHOOSEN THE PROCEDURES SET FORTH IN(A). (A) (EXECUTIVE BOARDS) STEP I ANY SUCH CONTROVERSY SHALL FIRST BE SUBMITTED TO THE LOCAL UNION BOARD OF DIRECTORS(HEREIN CALLED THE"LOCAL BOARD")IN ACCORDANCE WITH RULES OF PRACTICE AND PROCEDURE ADOPTED BY IT FOR THIS PURPOSE.ALL RULINGS AND AWARDS MADE BY THE LOCAL BOARD UNDER THIS STEP 1 SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S),UNLESS ANY PARTY INVOKES STEP 2 WITHIN TEN DAYS AFTER THE MAILING OF A DECISION OF THE LOCAL BOARD. STEP 2 A DECISION OF THE LOCAL BOARD UNDER STEP 1 MAY BE APPEALED TO THE INTERNATIONAL EXECUTIVE BOARD OF THE FEDERATION(HEREIN CALLED'IEB")BY ANY PARTY WHO WAS A PARTICIPANT THEREIN APPEALS FROM SUCH PROCEEDINGS SHALL BE PERFECTED IN THE MANNER PROVIDED IN THE RULES OF PRACTICE AND PROCEDURE OF THE IEB IN EFFECT AT THE TIME OF SUCH APPEAL. ALL RULINGS AND AWARDS MADE BY THE LOCAL BOARD WHICH ARE NOT APPEALED TO THE IEB SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S)AND ALL RULINGSAND AWARDS MADE BY THE IEB ON APPEAL SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S) ANY PARTY TOA PROCEEDING BEFORE THE LOCAL BOARD OR TO AN APPEAL TO THE IEB MAY BRING AN ACTION TO CONFIRM OR ENFORCE A FINAL DETERMINATION AND AWARD OF THE LOCAL BOARD OR,IF APPEALED,OF THE IEB,IN THE COURTS OF THE JURISDICTION IN WHICH THE LOCAL BOARD IS LOCATED,AND THE PURCHASER AND PARTICIPATING MUSICIAN(S)AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURT OR COURTS FOR THAT PURPOSE. (B) (AMERICAN ARBITRATION ASSOCIATION) STEP 1 ANY SUCH CONTROVERSY SHALL FIRST BE SUBMITTED TO THE LOCAL UNION BOARD OF DIRECTORS(HEREIN CALLED THE"LOCAL BOARD')IN ACCORDANCE WITH RULES OF PRACTICE AND PROCEDURE ADOPTED BY IT FOR THIS PURPOSE.ALL RULINGS AND AWARDS MADE BY THE LOCAL BOARD UNDER THIS STEP 1 SHALL BE FINAL AND BINDING UPON THE PURCHASER AND PARTICIPATING MUSICIAN(S),UNLESS ANY PARTY INVOKES STEP 2 WITHIN TEN DAYS AFTER THE MAILING OF A DECISION OF THE LOCAL BOARD. STEP 2 A DECISION OF THE LOCAL BOARD UNDER STEP 1 MAY BE SUBMITTED TO ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.AND JUDGEMENT UPON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF THE COST OF THE ARBITRATION PROCEEDING,EXCEPT THOSE COSTS PERSONALLY INCURRED BY THE PARTIES HERETO FOR THE PRESENTATION OF THEIR OWN CASE,SHALL BE SHARED EQUALLY BY THE PURCHASER AND THE SIGNATORY MUSICIAN(S). CONTINUED ON REVERSE SIDE THIS CONTRACT CANNOT BE CANCELLED EXCEPT WITH THE MUTUAL WRITTEN CONSENT OF ALL PARTIES. IN WITNESS WHEREOF,the parties hereto have hereuntoset their names and seals on the day and year appearing opposite their respective names. C Qc G �✓ RtissALltcnn Print Full and Co t In ual.Partnership. r Cor o e Name of Purchaser X Print Name of iynatory u ctv�'� i�- Signal rchaser(or Agent th reof) Date ignature of Signatory Musician Date X /SQ 5735 N. Christiana Avenue Street c ddress Musician s Home Address Elgin, T11;nn; s _ X (0C/� Chicago , Illinois 60658-4503 City State Zip Code City State Zip Code X ( log-) .1-6 6 (312) 539-8415 Telephone(s) Telephonels) Booking Agent Agreement No Address CONTRACT MUST BE COMPLETELY FILLED IN, DATED AND SIGNED BY ALL PARTIES BEFORE START OF THE ENGAGEMENT. DO NOT LEAVE ANY BLANK SPACES. THIS FORM MAY BE USED ONLY IF THE UNIT LEADER IS A MEMBER OF LOCAL 10-208 AND ONLY FOR ENGAGEMENTS TO BE PLAYED WITHIN LOCAL 10-208 JURISDICTION. DO NOT INCLUDE MORE THAN ONE UNIT LEADER NOR MORE THAN ONE PLACE OF ENGAGEMENT. THIS CONTRACT MAY INCLUDE MORE THAN ONE ENGAGEMENT DATE BUT MAY NOT EXTEND BEYOND ONE YEAR FROM FIRST ENGAGEMENT DATE. THE PURCHASER SHALL BE RESPONSI OR PROVIDING THE FOLLOWING FACILITIES, IF REQUIRED, AND IN GOOD WORKING CONDITION: BLIC ADDRESS SYSTEM, ELECTRICAL OUTLETS, LIGHTING, ETC. THE PURCHASER MUST SIGN ALL COPIES OF THIS CONTRACT,KEEP THIS COPYAND RETURN ALL OTHER COPIES TO THE SUBMITTER BY ABOVE SHOWN DATE,May 15 1992 AFM FORM LP-I(LOCAL 10-208 SPECIAL REVISED 1/82) CHICAGO FEDERATION OF MUSICIANS 020,125 PURCHASER COPY _ RESOLUTION AUTHORIZING AN AGREEMENT WITH JOAN BALLENGER & ASSOCIATES, INC. FOR THE ELGIN FINE ARTS FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Joan Ballenger & Associates, Inc. for performances by Kevin Adair for the Elgin Fine Arts Festival, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 27, 1992 Adopted: May 27, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • • Joan Ballenger & Associates, Inc. Artist's Management 54 Briar Road P.O. Box 41 Golf, Illinois 60029 708-657-7722 i7 -t'e ct will automaticall CONTRACT and void if it is rved by Joan Ballenger sociates, Inc. o "entered into". This contract is entered into this 3/19/92, by and between JOAN BALLENGER & ASSOCIATES, INC., (hereinafter referred to as the "agent"), not individually but as the duly authorized agent of Kevin Adair (hereafter referred to as the "the performer"), and City of Elgin (hereafter referred to as "the purchaser"). The parties agree as follows: 1. The purchaser agrees to engage the services of the performer and performer agrees to perform for the purchasers at the following time(s) and place(s): Date(s): 8/29/ 92, 8/30/92 Time(s): TBA Place: City of Elgin Address: 150 Dexter Ct. Elgin,IL 60120 Telephone: 1312-697-3616 Approx. Size of Audience: Family Name & Length of Show(s): Walk aroiund - TBA minutes Correspondent: Name: Susan Richardson Address: 150 Dexter Ct. Elgin,IL 60120 Tele No: 708-697-3616 (Work) (Home) 2. In return and as consideration therefore, the purchaser agrees to pay the performer the sum of $600.00. Payment will be made by the purchaser as follows: Deposit of $90.00 payable to Joan Ballenger & Associates. Balance made payable to performer at time of performance. 3. The place of performance will be suitable for the performer's performance(s) and,or.-Gooling, and will include the following: Will work with an assistant - - 4. It is further agreed that in the event of inclement weather, performance will either be moved to an indoor site or rescheduled to a mutually convenient date or performer will be paid 75% of the fee. If the performance is cancelled after the performer has arrived at the site, performer will be paid in full. 5. The purchaser will be solely responsible for obtaining any and all federal, state and local licenses on permits as may be required and for paying all federal, state and local amusement taxes as may be applicable for all performances. 6. No part of the performer's performance(s) will be reproduced, including but not limited to reproduction by broadcasting, video taping, tape recording, or other means of recording, except with the written consent of the agent. 7. It is expressly understood that, as between the purchaser, the agent, and the performer, the purchaser is solely liable for the condition of the place of the performances(s) and the fixtures and personal property therein, the conduct of the audience, and the conduct of any and all persons employed or performing services at or near the place of the performance(s), and that the purchaser will indemnify and hold harmless the performer and the agent from any and all liabilities, causes of action, suits and claims of any sort, including attorney fees, arising therefrom. 8. It is expressly understood that, as between the purchaser, the agent, and the performer, the purchaser is solely responsible for compliance with any and all union contracts, regulations, and requirements in any way related to the performer's performance(s) and that the purchaser will indemnify and hold harmless the performer and the agent form any and all liabilities, causes of acting, suits, and claims of any sort, including attorney' fees, arising therefrom. 9. This contract is binding upon the performer and the purchaser and may be cancelled only by mutual agreement between the parties or by an act of God or other legitimate condition beyond the control of the parties which renders the performer's performance(s) impossible or unreasonably difficult to execute. However, the parties will expend their best efforts to make the performer's performance(s) possible. 10. The agent represents that it is authorized to execute this contract on behalf of the performer. It is understood by the parties that the agent is not personally liable or responsible for the performance of the terms of this contract. 11. This contract will be construed under the laws of the State of Illinois. JOAN BALLENGER & ASSOCIATES, INC., PURCHASER Agent r performer BY By Address: -.S— s( cam[ e0/ 2-0 RESOLUTION AUTHORIZING AN AGREEMENT WITH JOAN BALLENGER & ASSOCIATES, INC. FOR THE ELGIN FINE ARTS FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Larry L. Rice, City Manager, to execute an agreement with Joan Ballenger & Associates, Inc. for a performance by Melikin Puppets for the Elgin Fine Arts Festival , a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 27, 1992 Adopted: May 27 , 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Joan Ballenger & Associates, Inc. Artist's Management 54 Briar Road P.O. Box 41 Golf, Illinois 60029 708-657-7722 This Contract will automatically be null CONTRACT and void if it is not received by Joan Ballenger & Associates, Inc. within 21 days of"entered into". This contract is entered into this 3/19/92, by and between JOAN BALLENGER & ASSOCIATES, INC., (hereinafter referred to as the "agent"), not individually but as the duly authorized agent of Melikin Puppets (hereafter referred to as the "the performer"), and City of Elgin (hereafter referred to as "the purchaser"). The parties agree as follows: 1. The purchaser agrees to engage the services of the performer and performer agrees to perform for the purchasers at the following time(s) and place(s): Date(s): 8/30/92 Time(s): TBA Place: City of Elgin Address: 150 Dexter Ct. Elgin,IL 60120 Telephone: 1312-697-3616 Approx. Size of Audience: Family Name & Length of Show(s): TBA (2 performances) - 45 minutes Correspondent: Name: Susan Richardson Address: 150 Dexter Ct. Elgin,IL 60120 Tele No: 708-697-3616 (Work) (Home) 2. In return and as consideration therefore, the purchaser agrees to pay the performer the sum of $350.00. Payment will be made by the purchaser as follows: Deposit of $52.50 payable to Joan Ballenger & Associates. Balance made payable to performer at time of performance. 3. The place of performance will be suitable for the performer's performance(s) with adequate lighting and/or cooling, and will include the following: Set-up: 1 hr. Area: 15X20 with 9' ceiling clearance. Electric outlet. 4. It is further agreed that in the event of inclement weather, performance will either be moved to an indoor site or rescheduled to a mutually convenient date or performer will be paid 75% of the fee. If the performance is cancelled after the performer has arrived at the site, performer will be paid in full. 5. The purchaser will be solely responsible for obtaining any and all federal, state and local licenses on permits as may be required and for paying all federal, state and local amusement taxes as may be applicable for all performances. 6. No part of the performer's performance(s) will be reproduced, including but not limited to reproduction by broadcasting, video taping, tape recording, or other means of recording, except with the written consent of the agent. 7. It is expressly understood that, as between the purchaser, the agent, and the performer, the purchaser is solely liable for the condition of the place of the performances(s) and the fixtures and personal property therein, the conduct of the audience, and the conduct of any and all persons employed or performing services at or near the place of the performance(s), and that the purchaser will indemnify and hold harmless the performer and the agent from any and all liabilities, causes of action, suits and claims of any sort, including attorney fees, arising therefrom. 8. It is expressly understood that, as between the purchaser, the agent, and the performer, the purchaser is solely responsible for compliance with any and all union contracts, regulations, and requirements in any way related to the performer's performance(s) and that the purchaser will indemnify and hold harmless the performer and the agent form any and all liabilities, causes of acting, suits, and claims of any sort, including attorney' fees, arising therefrom. 9. This contract is binding upon the performer and the purchaser and may be cancelled only by mutual agreement between the parties or by an act of God or other legitimate condition beyond the control of the parties which renders the performer's performance(s) impossible or unreasonably difficult to execute. However, the parties will expend their best efforts to make the performer's performance(s) possible. 10. The agent represents that it is authorized to execute this contract on behalf of the performer. It is understood by the parties that the agent is not personally liable or responsible for the performance of the terms of this contract. 11. This contract will be construed under the laws of the State of Illinois. JOAN BALLENGER & ASSOCIATES, INC., PURCHASER Agent fo rformer By By C<—<__C1 Address: lam_ • � , 4( 60/2-1J