94-175 Resolution No. 94-175
RESOLUTION
AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE
SOUTH BEND REPLICAS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a Performance Agreement on behalf of the City of
Elgin with the South Bend Replicas for a performance of live
cannon accompaniment for The 1812 Overture" on August 26,
1994, a copy of which is attached hereto and made a part
hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: July 13, 1994
Adopted: July 13, 1994
Vote: Yeas 5 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PERFORMANCE AGREEMENT
This agreement is entered into this 9th day of March, 1994 ,
by and between the City of Elgin, Illinois, a municipal corporation
(hereafter referred to as "City" ) , and South Bend Replicas, Inc. ,
a corporation (hereafter referred to as "South Bend Replicas" ) .
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. South Bend Replicas shall provide a performance of live
cannon accompaniment for"The 1812 Overture" at the Wing Park Band
Shell in Elgin, Illinoison August 26, 1994 . The concert is to be-
gin at 7 : 30pm. The 111812 Overture" is to be the last number of
the concert.
2 . South Bend Replicas shall assume and pay all transporta-
tion costs, including, but not limited to, air fare and ground
transportation of all artists and equipment to and from the perfor-
mance location.
3 . The City shall provide one non smoking motel room with two
double beds for the nights of August 25 & 26, 1994 . Said room
shall be at the Elgin Holiday Inn at 345 W River Road. Confirma-
tion for this is Holiday Inn number 66908701.
4 . City shall pay to South Bend Replicas the sum of $6,000
on or before August 26 , 1994 . Such sum shall constitute full pay-
ment.
5 . This Agreement shall not constitute nor be construed as an
employment, joint venture or partnership agreement between the par-
ties hereto.
6 . South Bend Replicas shall not conduct any marketing, pro-
motional or other activities related to the event without prior
written agreement from the City.
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 . 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.
9 . This agreement shall be subject to and governed by the
laws of the state of Illinois .
10. There shall be no admission ticket sales at this event.
CITY OF ELGIN,
a municipal corporation
By �-
City Manager
Attest,:/
City Clerk
Corporation or Artis
By
ell
President
n
r El g
A enda Item No.
June 15, 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Cannons for the 1812 Overture
PURPOSE
The purpose of this memo is to seek approval of a contract
with South Bend Replicas for firing cannons for The Fine Arts
Festival.
BACKGROUND
A highlight of the 1994 Fine Arts Festival will be the Elgin
Symphony concert to be held at Wing Park on Friday August
26. The last piece and highlight of this concert will - The
Tchaikovsky 1812 Overture. This grandiose piece was written
to commemorate the French defeat in the battle of Borodino.
The most unusual aspect of this work is that the composer .
wrote 16 cannon shots into the music. Few performances of
this work duplicate the composer's original intentions. Mr.
Paul Barnett of South Bend Replicas is the worlds most re-
nowned guest soloist for producing this highly unusual piece
of music. Mr. Barnett literally travels the world with his
16 cannons to perform with the major symphonies when this
piece is performed.
FINANCIAL IMPACT
Sufficient money was budgeted in the Fine Arts Festival ac-
count 010-6902-719.89-03 to cover the $ 6,000 expense.
LEGAL IMPACT
None.
RECOMMENDATION
Staff recommends approval of the contract with South Bend
Replicas.
Respectfully submitted,
Richard B. Helwig
City Manager