94-150 r
Resolution No. 94-150
RESOLUTION
AUTHORIZING AN AGREEMENT WITH THE ECC STEEL BAND
FOR A PERFORMANCE FOR THE ELGIN FINE ARTS FESTIVAL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 'ELGIN,
ILLINOIS, that it hereby authorizes Richard B. Helwig,,, City
Manager, and Dolonna Mecum, City Clerk, to execute an
agreement with the ECC Steel Band for a performance for the
Elgin Fine Arts Festival, a copy of which is attached hereto
and made a part hereof by reference.
sl George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 8, 1994
Adopted: June 8, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
e �
PERFORMANCE AGREEMENT
This agreement is entered into this G th day of ,
1994, by and between the City of Elgin, Illinois, a municipal cor-
poration (hereafter referred to as "City") , and ECC Steel Band, a
performing group (hereafter referred to as "ECC Steel Band" ) .
Now therefore, in consideration of the mutual promises and cov-
enants contained herein, the sufficiency of which is hereby acknowl-
edged, the parties hereto agree as follows :
1 . ECC Steel Band shall provide a performance of a concert
at the Elgin Fine Arts Festival, located on the Civic Center Plaza
in Elgin, Illinois on August 28, 1994, beginning at 10 :30am. The
performance shall conclude at Noon.
2 . ECC Steel Band shall assume and pay all transportation-
costs, including, but not limited to air fare and ground transporta-
tion, to and from the performance location.
3 . Ticket prices shall be free.
4 . City shall pay to ECC Steel Band the sum of $300 immedi-
ately following the performance on August 28, 1994 . Such sum
shall constitute full payment.
5 . This Agreement shall not constitute nor be construed as an
employment, joint venture or partnership agreement between the par-
ties hereto.
6 . ECC Steel Band shall not conduct any marketing, promotion-
al or other activities related to the event without prior written
agreement from the Hemmens Program Coordinator.
7 . In the event of sickness or of accident to artist, or if a
performance is prevented, rendered impossible or infeasible by any
act or regulation of any public authority or bureau, civil tumult,
strike, epidemic, interruption in or delay of transportation servic-
es, war conditions or emergencies or any cause beyond the control
of artist, it is understood and agreed that there shall be no claim
for damages by performer against City.
8 . ECC Steel Band represents and warrants that all performing
fees and costs shall be paid by the artist, including, but not lim-
ited to , all applicable royaltie fees and union dues .
9 . Each provision of this agreement shall be considered sever-
able, and if any of the provisions contained herein are determined
to be void, illegal or otherwise unenforceable for any reason, the
remainder of this agreement shall be valid and enforceable, and
shall remain in full force and effect.
10. This agreement shall be subject to and governed by the
laws of the state of Illinois .
CITY OF ELGIN,
a municipal corporation
By
City Manager r
Attest:
City Clerk
Corporation or Artist
By
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