94-152 Resolution No. 94-152
RESOLUTION
AUTHORIZING AN AGREEMENT WITH THE ESO JOPLIN ENSEMBLE
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 ESO Joplin Ensemble for a performance 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: June 8, 1994
Adopted: June 8, 1994
Omnibus Vote: Yeas . 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
r
PERFORMANCE AGREEMENT
This agreement is entered into this _th day of ,
1994, by and between the City of Elgin, Illinois, a municipal cor-
poration (hereafter referred to as "City" ) , and "ESO Joplin Ensem-
ble" , a performing group (hereafter referred to as "ESO Joplin En-
semble" ) .
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 . "ESO Joplin Ensemble" shall provide a performance of a
concert at the Elgin Fine Arts Festival, lacated at the south lawn
of Hemmens Auditorium in Elgin, Illinois on August 28, 1994, begin-
ning at 1 :00pm. The performance shall be approximately 50 minutes
in duration.
2 . "ESO Joplin Ensemble" shall assume and pay all transporta-
tion costs, including, but not limited to air fare and ground trans-
portation, to and from the performance location.
3. Ticket prices shall be free.
4 . City shall pay to Elgin Symphony Orchestra the sum of
$650 immediately following the performance on August 28th. Such
sum shall constitute full payment for the ESO Joplin Ensemble.
5 . This Agreement shall not constitute nor be construed as an
employment, joint venture or partnership agreement between the par-
ties hereto.
6 . "ESO Joplin Ensemble" shall not conduct any marketing,
promotional 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 . "ESO Joplin Ensemble" represents and warrants that all per-
forming fees and costs shall be paid by the artist, including, but
not limited to, all applicable royalty fees and union dues.
9 . Elgin Symphony Orchestra warrents and represents that it
is acting as an agent for the ESO Joplin Ensemble and is authorized
by the Ensemble to do so.
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
Attest:
City Clerk
Corporation or Artist
By
Title