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93-155 Resolution No. 93-155 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra for a performance at the Wing Park Bank Shell, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: June 9, 1993 Adopted: June 9, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Elgin Symphony Orchestra 1700 Spartan Drive, Elgin, Illinois 60123 7081888-7389 Artist Contract Agreement made this 21st day of April, 1993, by and between The City of Elgin, ("Employer"), and Elgin Symphony Orchestra, ("Artist"). The Artist is hereby engaged to perform the program(s), role(s), and performance(s) at the Location(s) and on the date(s) and time(s) enumerated: Wing Park Orchestra program Location* Date Time Wing Park Band Shell, Elgin 7/18/93 7:OOp The Artist agrees also, to participate and perform in rehearsals for the above program(s) at the location(s) and on the date(s) enumerated below and/or on the attached rehearsal schedule. Location* Date Time Wing Park Band Shell, Elgin 7/18/93 2:30p * Hemmens Auditorium will serve as a rain location on the same date and times indicated. In return for the Artist's services, the Employer agrees to pay a gross sum of Twelve Thousand Five Hundred Sixty-six (512,566.00) dollars including One Thousand dollars for marketing. Artist is to be.paid by check, drawn to the order of the Artist, either upon completion of the final performance or mailed to the Artist on that date. If other arrangements are made in addition to the specifications in this contract, additional fee arrangements may be necessary. All notices and/or changes pertaining to this contract shall be in writing and transmitted either by personal hand delivery or the U. S. Post Office. ALI of the standard terms set forth within this Agreement and in the addendum attached (if any) are hereby incorporated in this Agreement with the same force and effect as though they were included on this page. Employer, Artist, and/or Agent shall not be held liable for fulfillment of this contract should disturbances arise beyond the control of any of the involved parties, such as fire, civil disturbances, labor difficulties, strikes, epidemics, destruction of premises and/or 'Acts of God'. Artist hereby indemnifies and holds the Elgin Symphony Orchestra and their representatives harmless from any Loss, damage or additional expenses not covered by this Agreement incurred in connection with the above Listed performance(s). Controlling law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of Illinois. Agreed and accepted For the City 0, gi Signature: c Title: day of , 19� For the Elgi S ny Orchestra Signature: Title: lY/�., day of �✓(yG , 19 _ Elgin Symphony Orchestra Contract Rider The ESO operates under conditions established through collective bargaining and outlined in the musician's master agreement. The following conditions are required by contract and presented here to enable presenters to assist us in adhering to these conditions. 1. Electronic recording or photographing of the orchestra before, during, or after a performance or rehearsal is not permitted. 2. Required performance conditions include stage temperature between 67 and 85 degrees Fahrenheit, adequate lighting, tables for instrument cases, coat racks, and separate men's and women's dressing rooms. 3. The ESO reserves the right to allow or prevent guests to attend rehearsals. In no case may the presenter charge a fee for such attendance. The ESO reserves the right to eject guests that are disturbing the rehearsal process. 4. Concert services are a maximum of 2 1/2 hours in duration. A 20 minute break is required for each 2 1/2 half hour rehearsal or performance and a 30 minute break is required for each 3 hour rehearsal. Exceeding these durations incurs overtime charges that are in addition to the contracted amount (unless specifically stated otherwise). 5. This contract provides an orchestra consisting of a specific instrumentation suitable to perform a specific repertoire. Changes in concert program may require changes in personnel and could result in additional charges. 6. The Elgin Symphony Orchestra shall be provided with five (5) complimentary tickets per performance if requested in advance. i e • Il. in Agenda Item No. May 25, 1993 TO: Mayor and Members of City Council FROM: Larry Rice, City Manager SUBJECT: Elgin Symphony Orchestra Summer Concert PURPOSE The Parks and Recreation Department requests Council ap- proval of the contract for the 1993 Summer Outdoor Concert fea- turing the Elgin Symphony Orchestra in the Wing Park Band Shell . BACKGROUND ! The three previous outdoor concerts performed by the Elgin Symphony Orchestra under the sponsorship of the City of Elgin have been memorable ones . Between two and three thousand persons attended these performances at Wing Park. This fourth annual event will again take place at the Wing Park Band Shell on Sunday, July 18 at 7 :00 p.m. In case of inclement weather on this date, the program will take place at the Hemmens Auditorium. The program will include familiar popu- lar works as well as well-known classics . FINANCIAL IMPACT A total of $12;566 has been approved in the Recreation Division 1993 Budget. The monies are allocated in the Recreation Divi- sion' s Miscellaneous Contractual Services budget (010-5012 . 762 . 45-99 ) . This sum will cover costs of the musicians fees, conductor fees, operations and librarian services, instru- ment and music rental, advertising and promotion of the concert. • Mayor and Members of the City Council May 25, 1993 Page 2 • RECOMMENDATION The Elgin Parks and Recreation Department recommends the City Council approval for the 1993 summer outdoor concert featur- ing the Elgin Symphony. Orchestra. i Larry L. Rtce,� City Manager • •