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94-187 Resolution No. 94-187 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA 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 Elgin Symphony Orchestra for a performance at Wing Park on August 26, 1994 for the Fine Arts Festival, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: July 13, 1994 Adopted: July 13, 1994 Vote: Yeas 5 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk I PERFORMANCE AGREEMENT This agreement is entered into this day of , 1994 , by and between the City of Elgin, Illinois , municipal corporation (hereinafter referred to as "City" ) , and Elgin Symphony Orchestra, a not-for-profit corporation (hereinafter referred to as "Symphony" ) . Now therefore, in consideration of the mutual prom- ises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . Symphony shall provide a concert at the Elgin Fine Arts Festival, Wing Park Bandshell in Elgin, Illinois on Friday, August 26 , 1994 , beginning at 7 : 30 p.m. including a twenty minute intermission. 2 . Symphony shall assume all costs for the trans- portation of the musicians, including air fare and ground transportation, to and from Elgin. 3 . Admission to the concert shall be free. 4 . City shall pay to Symphony the sum of $14, 232 . 00 on or before August 26 , 1994 . 5 . Symphony shall participate and perform a re- hearsal for said concert at Wing Park Bandshell, located in Wing Park, Elgin, IL, at 3 : 30 p.m. , Friday, August 26 , 1994 . 6 . This Agreement shall not constitute nor be construed as an employment, joint venture or partnership agreement between the parties hereto. 1 7 . All notices and/or changes pertaining to this contract shall be in writing and transmitted either by person- al hand delivery or the U. S . Post Office. B . Symphony shall not conduct any marketing, promo- tional or other activities related to the event without prior written approval by the City' s Hemmens Program Coordinator. 9 . 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 services, war conditions or emergen- cies or any cause beyond the control of artist, it is agreed that performers shall hold harmless and indemnify City from and against any and all causes of action, suits, claims for damages or other liability which may result from or arise out of such causes . 10 . Symphony shall pay all performance costs and fees, including but not limited to all royalty, copyright and license fees . 11 . Each provision of this agreement shall be con- sidered severable, and if any of the provisions contained herein are determined to be void, illegal or otherwise unen- forceable for any reason, the remainder of this agreement shall be valid and enforceable, and shall remain in full force and effect. 2 i 'i 12 . 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: ��" m City Clerk By i. ta4&t I I 3 • O Agenda No. July 6, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Contract with Elgin Symphony Orchestra for Concert During 1994 Elgin Fine Arts Festival PURPOSE To request City Council approval of a contract with the Elgin Symphony Orchestra. BACKGROUND • The schedule of activities during the 1994 Elgin Fine Arts Festival includes a concert by the Elgin Symphony Orchestra. Since the inception of the Festival in 1992, the Elgin Sympho- ny Orchcct _ `:�. rtizipated in both the planning of the event ana r Lza as performer. Small groups, such as winds and brass, and the full symphony have delighted audiences with theirlsound. The Symphony's participation has been an inte- gral feature of the Fine Arts Festival . This year an outdoor concert has been planned to showcase the Symphony. This concert would take place at the Wing Park Bandshell on Friday, August 26 beginning at 7 : 30 p.m. This event will serve as a "kick-off" to the 1994 Fine 'Arts Festi- val . Featuring the Symphony in this setting will set a tone of- quality for the rest of the weekend. A description of the planned program is provided. The outdoor concert planned for the evening of August 26 will represent both the Festival concert and the summer outdoor concert held. by the Parks and Recreation Department earlier in the summer. . Approximately $12,200 was budgeted for the Wing Park concert for Parks and Recreation. The Fine Arts Festival budget also included plans to fund a concert by the Elgin Symphony Orchestra. Combining the two concerts was planned to • enhance the resources available to the event. Elgin Symphony Orchestra Contract July 6, 1994 • Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED i Elgin Symphony Orchestra Fine Arts Festival Planning Committee Elgin Cultural Arts Commission FINANCIAL IMPACT The cost of the concert will be $14 ,232 . 00 . This expense will be paid from the Recreation Miscellaneous Services budget account number 010-5012-762 .45-99 . These funds have been budgeted to pay for the summer Wing Park concert. The remain- ing Fine Arts Festival budget will be expended from account number 010-6902-719 . 89-03. LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council approve the contract with the Elgin Symphony Orchestra for an outdoor concert at • Wing Park on August 26 . Respectfully submitted, Richard B. Helwig City Manager DKN:daw Attachment • Draft 12 • ELGIN SYMPHONY ORCHESTRA Elgin Fine Arts Festival Concert Friday, August 26, 1994 Wing Park Bandshell Overture-Fantasy: Romeo and Juliet Peter I. Tchaikowsky Inst: *3*322/4231/T+2/Hp/Str: 12-12-7-7-6 "Ebben? Ne Andro Lontana" (La Wally) Alfredo Catalani Karen Stewart, Soprano "Hello Young Lovers" (The King and I) Rodgers and Hammerstein Karen Stewart, Soprano "0 Mio Babbino Caro" (Gianni Schicchi) Giacomo Puccini Karen Stewart, soprano "I Could Have Danced All Night" (My Fair Lady) Lerner and Loewe Karen Stewart, Soprano Selections from West Side Story Bernstein/Mason • i n t e r m i s s i o n Selections from Phantom of the Opera Webber/Custer Inst: include elec. keyboard, also use harp (may need to duplicate keyboard part for harp) Overture: 1812 Peter I. Tchaikowsky Inst: *3*322/4231/T+3/Str: 12-12-7-7-6 With cannons, use two sets of chimes Hire: *3*322/4331/T+3/Hp/Elec.Kybd/Str: 12-12-7-7-6 (one bass to 'double on aloe bass for Phantom and Rest Side Story) PERFORMANCE AGREEMENT This agreement is entered into this day of 1994, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and Elgin Symphony Orchestra, a not-for-profit corporation (hereinafter referred to as "Symphony" ) . Now therefore, in consideration of the mutual prom- ises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . Symphony shall provide a concert at the Elgin Fine Arts Festival, Wing Park Bandshell in Elgin, Illinois on • Friday, August 26 , 1994 , beginning at 7 : 30 p.m. including a twenty minute intermission. 7 cy—hnn.v shall assume all costs for the trans- -1 " L - i portation of the musicians, including air fare and ground transportation, to and from Elgin. 3. Admission to the concert shall be free. 4 . City shall pay to Symphony the sum of $14 ,232 . 00 on or before August 26, 1994 . 5. Symphony shall participate and perform a - re- hearsal for said concert at Wing Park Bandshell, located in Wing Park, Elgin, IL, at 3 : 30 p.m. , Friday, August 26, 1994 . 6 . This Agreement shall not constitute nor be construed as an employment, joint venture or partnership agreement between the parties hereto. • 7 . All notices and/or changes pertaining to this contract shall be in writing and transmitted either by person- al hand delivery or the U.S . Post Office. 8 . Symphony shall not conduct any marketing, promo- tional or other activities related to the event without prior written approval by the City' s Hemmens Program Coordinator. 9 . 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 services, war conditions or emergen- cies or any cause beyond the control of artist, it- is agreed • that performers shall hold harmless and indemnify City from and against any and all causes of action, suits, claims for damages or other liability which may result from or arise out of such causes . 10 . Symphony shall pay all performance costs and fees, including but not limited to all royalty, copyright and license fees . 11 . Each provision of this agreement shall be con- sidered severable, and if any of the provisions contained herein are determined to be void, illegal or otherwise unen- forceable for any reason, the remainder of this agreement shall be valid and enforceable, and shall remain in full force and effect. • 2 • 12 . 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 By • • 3