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94-189 Resolution No. 94-189 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 performances with Mary Wilson on October 22 and 23, 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 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk i V El in . Agenda Item No. June 16, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreement with Elgin Symphony Orchestra PURPOSE The Hemmens Advisory Board requests City Council approval of an agreement between the City and Elgin Symphony Orchestra for two concerts with Mary Wilson for Hemmens ' 25th Anniversa- ry.. • BACKGROUND At the June 8 meeting, City Council approved an agreement with Paradise Artists for two concerts by. Mary Wilson of the ' Supremes at Hemmens Auditorium in celebration of the 25th Anniversary of Hemmens. The attached agreement would include the Elgin Symphony Or- chestra for both concerts as an accompaniment for Ms. Wil- �son. Staff feels strongly about including the ESO in this event -because of the long-standing relationship between Hemmens and the symphony and because of the appeal the sympho- ny has in our community. The Elgin Symphony Orchestra is an important participant in Hemmens ' anniversary celebration. FINANCIAL IMPACT The artistic fee of $13,000 has been included in the 1994 Hemmens Special Events budget under account 010-5402-765.47-00 project, 540588. LEGAL IMPACT None. • Agreement with Elgin Symphony Orchestra June 16, 1994 Page 2 • RECOMMENDATION The Hemmens Advisory Board recommends . approval of the. agree- ment with the Elgin Symphony Orchestra for two concerts fea- turing Mary Wilson for The Hemmens ' 25th Anniversary celebra- tion. Respectfully submitted, Richard B. Helwig City Manager SR i PERFORMANCE AGREEMENT This agreement is entered into this day of gsact , by and between the City of Elgin, Illinois, a munici- pal corporation (hereafter referred to as "City" ) , and Elgin Sympho- ny Orchestra, a not-for-profit organization (hereafter referred to as "Artist" ) . 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 . Artist shall provide a performance with Mary Wilson at the Hemmens Auditorium in Elgin, Illinois on Saturday, October 22, beginning at 8 : 00 p.m. , and Sunday, October 23, beginning at 3 : 00 p.m. 2 . Artist shall assume and pay all transportation costs, in- cluding, but not limited to air fare and ground transportation, to and from the performance location. . 3 . Ticket prices shall be scaled for the main floor, and for the balcony, with the most expensive ticket set at $25 . 4 . City shall pay to Artist the sum of $13,000 on or before final performance on October 23 . 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 . Artist shall not conduct any marketing, promotional or other activities related to the event without prior written agree- ment 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 . 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 . CITY OF ELGIN, a municipal corporation By �- City Manager Attest: City Clerk Corporation or Artist C���V"ItUc �IJLCCt�JrL— -- Title ESO RIDER PG.2 - I 12 . Artist shall pay all applicable performance presentation costs and fees, including but not limited to, union fees, and further, Artist warrants and represents that all such costs shall have been paid prior to performance. 13 . This Agreement shall be subject to and governed by the laws of the State of Illinois . 14 . The terms of this agreement shall be deemed severable. If any of the terms of this agreement are deemed to be void- or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. 15 . Artist shall hold harmless and indemnify City from and against any and all causes of action, claims for damages, suits or other liability which may arise in connection with our out of Artists ' negliget performance of this agreement. For City of Elgin For Artist/Co pany HEMMENS AUDITORIUM EVENT RIDER This rider is attached to and made part of the contract between the City of Elgin, Illinois, a municipal corporation (hereinafter called "Sponsor" ) and Elgin Symphony Orchestra, a not-for-profit organization (hereinafter called "Artist" ) . 1 . All technical staff shall be under the direct supervision of the Hemmens Stage Manager, and all City-owned-- equipment shall be operated by Hemmens technicians unless otherwise agreed to in writing by Hemmens Stage Manager. 2 . The Hemmens Stage Manager shall work with the company technical director to determine crew needed. Excessive crew costs, determined by the sole discretion of the Stage Manager, shall be billed to and paid by the artist or company. 3 . Technical Director shall contact Hemmens Stage Manager_ Butch Wilhelmi at (708) 931-5902 at least thirty ( 30) days prior to the event date and again five (5) days prior to the event. Lighting shall not be guaranteed until a final and accurate light plot is received by City. , 4 . All set-up, rehearsal, sound checks, and all other performance preperations shall be completed no less than one ( 1) hour prior to curtain time. Stage shall be ready for house to be opened no later than 30 minutes prior to curtain time. 5 . Artist and company shall be liable for any damage caused by the Artist or company to the stage, stage floor, or any other City-owned property. 6 . All sales of souvenir items or recordings are subject to 10% commission to Hemmens, to be paid immediately following the performance. Hemmens shall provide one table in the lobby table for merchandise display and sales, but shall not be liable for merchandise. 7 . Payment by City shall be by check. 8 . Artist shall provide accompaniment only. Music provided by City. 9 . Fee to include a rehearsal of at least two and one-half hours on the opening day of the engagement starting at 3 p.m. 10 . Artist shall provide the following instrumentation: 1 flute, 1 oboe, 1 clarinet, 1 bassoon, 2 horns, 2 trumpets, 2 trombones, 7 first violins, 6 second violins, 5 violas, 4 celli, 3 basses . 11 . Fee shall also include conductor, music librarian services, and ESO operational support services.