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95-121 Resolution No. 95-121 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH 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 on August 25, 1995 at the Wing Park Band Shell, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 24, 1995 Adopted: May 24, 1995 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PERFORMANCE AGREEMENT This Agreement is made and entered into this 18th day of May, 1995, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and Elgin Symphony Orchestra Association, (hereinafter referred to as the "Artist" ) . For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Artist will give a performance as follows : Name and Address of Place of Engagement: Wing Park Band Shell . Date(s) of Engagement: August 25, 1995 . Type of Engagement: A concert approximately 1 :45 hr in length. Starting and Finishing Time of Engagement: Starting at 7 : 30pm. Number of Musicians : 70 2 . That the City in consideration of the artistic services of the Artist agrees to pay a total fee of $14,473 . Said fee is the total compensation to be paid the Artist inclusive of any and all costs and expenses incurred by the Artist in connection with the subject performance. Payment shall be made to the Artist by check upon completion of the performance. 3 . The parties hereto understand and agree that none has acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 4 . That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 5 . That the content, nature and medium of the program shall be entirely within the discretion of the Artist, except that the City shall have the right to direct the Artist to discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6 . That no performance shall be recorded, reproduced or transmitted from the place of the performance in any manner or by any means whatsoever in the absence of a specific written agreement with the Artist or the Artist' s representative. 7 . That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. 8 . That the City reserves the right and privilege of cancelling this agreement by giving thirty ( 30) days prior written notice to the Artist. In the event the City cancels this performance within thirty ( 30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7 ) days of the scheduled date thereof, the Artist will be paid its full performance fee. 9 . That in the event the performance involves an outdoor performance and the City cancels the outdoor performance due to rain, the Artist agrees to perform on the same day indoors, at a later time the same day outdoors or on a later date depending upon the Artist' s touring obligations . In such an event of a rainout, Artist will be paid 100 percent of its fee whether the performance is cancelled, played indoors, postponed to a later time the same day or postponed to a later date. In addition, the Artist will not be required to perform outdoors if the temperature drops below 55° Fahrenheit. 10 . That the Artist reserves the privilege of cancellation by giving sixty (60) days prior written notice to the City in the event of television, motion picture or other major career enhancing engagements . 11 . That the Artist shall pay all applicable performance presentation costs and fees including but not limited to, all royalty, copyright or union fees, and further, Artist warrants and represents that all such costs shall have been paid and all performance rights obtained prior to performance. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 12 . That the Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever arising out of or due to the negligent acts of the -2- Artist, its employees or agents in connection with the performance of this agreement. 13 . That this agreement shall be subject to and governed by the laws of the State of Illinois . Venue for any action brought pursuant to this agreement shall be in Kane County, Illinois . 14 . That the following riders are attached hereto and made a part of this agreement: One rider to performance agreement attached. It is understood and agreed between the parties hereto that in the event of any conflict between the terms of this form contract and the provisions of any rider attached hereto, that the provisions of this form contract shall control . 15 . All notices required herein shall be directed to the parties as follows : Monica Bates Artist: Director of Parks and Recreation Elgin Symphony Orchestra Association City of Elgin 1700 Spartan Drive 150 Dexter Court Elgin I1. 60123 Elgin, IL 60120-5555 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY OF ELGIN ARTIST B Y t 1 By City Manager s Z.r/gam Its e6ze-�--z � - -3- RIDER TO PERFORMANCE AGREEMENT This Rider is made a part of and incorporated into that certain performance agreement dated May 18, 1995, entered into by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and the Elgin Symphony Orchestra, a not-for-profit corporation (hereinafter referred to as "the Elgin Symphony Orchestra" ) . 1 . That the Elgin Symphony Orchestra shall assume and pay all transportation costs, including but not limited to, airfare and grounds transportation of all artisan equipment to and from the performance location. 2 . That admission to the concert shall be free. 3 . That the Elgin Symphony Orchestra shall not conduct any marketing, promotional or other activities related to the event without prior written agreement from the City' s Hemmens Program Coordinator. 4 . That the Elgin Symphony Orchestra shall participate and perform a rehearsal before said concert at Wing Park Bandshell, located in Wing Park, Elgin, Illinois, at 3 : 30 p.m. , Friday, August 25, 1995 . CITY OF ELGIN ELGIN SYMPHONY ORCHESTRA By 1 By City Manager Its e- Attest: City Clerk c -4- AE1, n � No. Off - 13 Agenda Item May 18, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: 1995 Fine Arts Festival Major Entertainment PURPOSE The purpose of this memorandum is to present the Fine Arts Festival Coordination Committee' s proposal for the major entertainment at the Festival; Friday evening, August 26 and Saturday evening, August 27 . BACKGROUND 1995 will mark the fourth annual Elgin Fine Arts Festival . The event will again include the A.A.U.W. Art Showcase, Sculpture on the Plaza Exhibit, children' s activities and programs, Young Virtuosi Competition, performances from the Elgin Symphony Orchestra and Ensembles . New to the event coordination committee is the Jayne Shover Easter Seals Reha- bilitation Center which will be featuring "Arts without Barri- ers" youth art programs . The event coordination committee has selected a variety of major entertainment venues to please several facets of the community and to give a "boost of energy" to the overall event. The major entertainment scheduled for this year' s Fine Arts Festival will be as follows : Friday Evening Wing Park: Elgin Symphony Orchestra Cannons (music selections attached) Saturday Evening Hemmens Lawn: The Lovin' Spoonful (band bio. attached) COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED American Association of University Women (A.A.U.W. ) Jayne Shover Easter Seals Rehabilitation Center Elgin Area Convention and Visitors Bureau Fox Valley Arts Council Elgin Symphony Orchestra 1995 Fine Arts Festival Major Entertainment May 18, 1995 Page 2 FINANCIAL IMPACT The total cost of the Fine Arts Festival major evening_ enter- tainment is $31 ,473 (Friday evening $20,473 and Saturday evening $11,000) . $65 , 000 has been budgeted for this year' s event in the Fine Arts Festival Account. Contracts for each entertainment venue are attached. A greater emphasis will be placed on securing additional sponsorships this year. A sponsor and media packet is in the process of being created for distribution to local businesses and media. The sponsor categories and subsequent return from investments have been revised to benefit both the sponsors and overall event . LEGAL IMPACT None. RECOMMENDATION It is recommended that the proposed major Fine Arts Festival entertainment be approved. r. Respectfully submitted, Monica Bates Director Parks and Recreation Richard B. Helwig City Manager MB:mb Proposed program: Elgin Symphony Orchestra ELGIN FINE ARTS FESTIVAL PROGRAM Wing Park, Friday, August 25, 1995 Robert Hanson, Conductor Christina Castelli, Violinist? (Winner of 1994 Young Virtuosi Competition) Program John Steffe The Star Spangled Banner Gustav Holst "Jupiter" from The Planets Inst: is smaller orchestration available? or commercial edition John Phillip Sousa March: Manhattan Beach Jules Massenet "Meditation" from Thais Christina Castelli, violin George Frederick Handel Selected movements from Music for the Fireworks Selections: The Lion King or Beauty and the Beast Depending upon cost and availability. Have Brian get prices from Disney. Arthur Pryor The Whistler and His Dog (Novelty piece) Igor Stravinsky "Berceuse and Finale" from Firebird intermission John Williams Selections: Star Wars Peter I. Tchaikowsky '` 1812 Overture LO 1 SPOONFUL The Lovin' Spoonful: One of the perennial favorite American groups of the '60's, is back! The Lovin' Spoonful is hitting the road promising far more than a nostalgia routine. As you will see from the attached biographies, each member has been exceptionally active in music since the Spoonful's last show in 1968 and each brings his own varied musical world to the new Spoonful experience. Steve Boone, Joe Butler and Jerry Yester have been joined by Jim Yester, founding member of The Association, to deliver an exciting stage presence re- creating a sound audiences internationaHy have acclaimed. The Lovin' Spoonful influenced everyone from the Beatles to Bob Dylan over the course of more than a half-dozen albums and two movie soundtracks. They scored ES VEN Top-10 singles and performed hundreds of concerts before calling it a day in 1968. In the face of the early British Invasion, the Spoonful was proud to be distinctively American, and in the face of a rapidly changing world maintained a cheerful innocence that has outlasted much of the topical music of the day. From high school dances on Long Island and the 'Groovy' basement clubs of the early 1601s.village, The Lovin' Spoonful story now continues. From the first rehearsal, the startling chemistry that produced so many beloved musical moments is alive and healthier than ever. LOVIN' SPOn? �� CHART HI TORY CHART YEAR rQ51n OTV "DO YOU BELIEVE IN MAGIC?" '65 #9 "YOU DIDN'T HAVE TO BE SO NICE" '65 #10 "DAYDREAM" '66 #2 "DID YOU EVER HAVE TO MAKE UP YOUR MIND" 66 # "SUMMER IN THE CITY" '66 #1 "RAIN ON THE ROOF" '66 #10 "NASHVILLE CATS" '66 #8 "DARLING BE HOME SOON" '67 #15 "SIX O'CLOCK" 67 #18 (FROM THE HARMONY ILLUSTRATED ENCYCLOPEDIA Of ROCK.1988) LOVIN' SPOONFUL BAND BIOGRAPHIES STEVE BOONS As a teenager on Long Island, Steve Boone learned guitar from his brother Skip while recovering from a car accident. Ile quickly joined Skip's hot local band with future Lovin' Spoonful drummer Joe Butler. After high school graduation and a summer motorbiking around Europe, Steve met John Sebastian and Zal Yanovsky in Greenwich Village in late 1964. By the next summer, the Lovin' Spoonful were on the road with Steve on bass and Joe on drums and vocals. The group racked up an astonishing SEVEN Top-10 _ singles with Steve co-writing two of the bands best loved hits - "You Didn't Have To Be So Nice" and the number one smash flit "Summer In The City" In 1968, the members of the group decided to pursue other interests and disbanded. Steve bought a 56 foot sailboat and spent the next three years cruising the Caribbean, writing songs and playing in pick-up bands. In 1973, he leased a 24 track studio in Baltimore and recorded the Little Feat classic, "Feats Don't Fail Me Now." Then, he bought the studio and relocated it on to a 135 foot houseboat in Baltimore's Inner Harbor calling it Blue Seas Studio. The studio became the recording home of such legends as - Bonnie Raitt, Emmylou Harris, Robert Palmer, Ricky Scaggs and the Seldom Scene - until Christmas Day 1977, when the boat sank at its berth and all was lost. Steve restored antique lofts and rowhouses and worked in jingle and commercial production before moving to Florida in 1947. There. lit. 1,:v: t+nei, writing, swimming, and recording in his own in-home MIDI studio. Ile has also started a small publishing company with his wife Susan; volunteered as a local history tour guide; and performs often for children in the Ft. Lauderdale area. Steve says he is enthusiastically making some gr--f +tme music" again with the Lovin' Spoonful. LOVIN' SPOONFUL BAND BIOGRAPHIES JOE BUTLER Joe Butler was in the Air Force when he met Steve and Skip Boone and formed the Kingsmen, one of the top bands in Eastern Long Island in the early 1960's. After leaving the service in 1963, Joe headed straight for Greenwich Village, where he began singing in clubs and soon recorded sides for a solo album on Mercury Records. Two of his biggest fans at the time were Zal Yanovsky and John Sebastian, who were then working with producer Eric Jacobson. Jacobson suggested the two hook up with Joe and Steve Boone, and the Lovin' Spoonful was born. The Spoonful became one of the most popular and influential American bands of the '60s, creating more than a half-dozen albums as well as soundtrack music for the debut films of Woody Allen's(What's Up, 7Fger Lily?. 1966) and Francis Ford Coppola's (You're A Big Boy Now, 1967). In 1968, John Sebastian left the group. Joe, Steve, and Jerry Yester carried on,'releasing'several charting singles and the album Revelation/Revolution before moving on to their own projects in 1969. According to Simon Wordsworth, editor of the British Levin' Spoonful fanzine, Revelation/Revolution has gained an upsurge in popularity in the UK this year. After the Spoonful stopped touring, Joe Butler landed Broadway leads in 'HAIR', 'Mahogany', and 'Soon', collecting critical raves. He studied drama with Sharon Chatten of the Actors' Studio and spent two years with the renowned Circle Theater Repertory Company. He appeared in a half-dozen feature films including 'Born To Win' with George Segal and 'One Trick Pony' with Paul Simon, and worked as a sound editor and effects man in Hollywood, as well as composing music for may commercials. Now, he lives with his wife Kim in Greenwich Village. Joe tells us, "I find myself now happily spending my time making music with my old pals. Ditta-boom!" ^ LOW N' SPOONFUL BAND BIOGRAPHIES JERRY YESTER At the age of 18, Jerry Yester began working the folk clubs of L.A. with his brother Jim as the Yester Brothers. Jerry went on to record with the New Christy Minstrels and the Modern Folk Quartet, with whom he played hundreds of concerts over the next four years. "There was an incredible camaraderie among musicians in those days," Jerry remembers. "It seemed like everyone helped everyone else make their records, and in this spirit I played piano on the first Lovin' Spoonful single Do You Believe In Magic?" in 1965. After the MFQ disbanded the following year, Jerry produced an album by Jim's group The Association, as well as Tim Buckley's debut, 'Goodbye and Hello'. Then, the Spoonful called with an offer to replace guitarist Zal Yanovsky for one album and hundreds of live gigs, including a legendary Ed Sullivan appearance. Back in L.A., Jerry began producing with Yanovsky, including Zally's solo album and Buckley's 'Happy Sad'. On his own, Jerry produced the Turtles, Aztec Two Step, and Tom Waits' 1973 debut, 'Closing Time'. In the years that followed, he performed with The Association and the reunited MFQ and did arrangements for Waits, the Manhattan Transfer, and Spanky and Our Gang. Jerry moved to Hawaii in 1984, where, with Jim on board, the MFQ cut a series of albums and toured widely, including Japan. A sought-after producer, Jerry has been based in Portland, Oregon, since last year. "When I got word that the Spoonful was going to be on the move again, I got one of those rare feelings that the timing was.exceptionally good," Jerry says. "So here we are, on tour again, and it feels good!" LOVING' SPOONFUL BAND BIOGRAPHIES JIM YT?STER Raised in the San Fernando valley of southern California, Jim Yester's first musical expressions were playing harmonwa a.:d boogie piano by ear as a child. After years of singing in choirs and glee clubs, he and Jerry were bitten by the Kingston Trio Folk Bug. Soon, as the Yester Brothers, they were a sensation on the L.A. folk club circuit. Feeling the pressure of the impending draft, Jim joined the army, and soon after arriving in Germany started a folk comedy trio, the Yesteryears. The outfit toured much of Europe, winning awards along the way. Back in California, Jim co-founded The Association, singing lead on the combo's first hit, 'Along Comes Mary" and composing and performing the title song for the movie Goodbye Columbus in 1969. After many fruitful years touring with The Association, Jim retired from the road and soon thereafter moved to the big island of Hawaii. There, he joined his brother Jerry in the Modern Folk Quartet (actually making it a quintet), and together they opened a state-of-the-art recording studio in Hilo. Jim and Jerry are still active in running the studio and recording with the MFQ, all of whom are old friends of the Lovin' Spoonful from those early days back in the smoky dives of Greenwich Village.