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97-195 Resolution No. 97-195 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 Robert 0. Malm, Interim City Manager, be and is hereby authorized and directed to execute a Performance Agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra for a concert on August 22 , 1997 , a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 23, 1997 Adopted: July 23 , 1997 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk r _ RAGREE/PERFORM.AWC 4/12/95 PERFORMANCE AGREEMENT' This Agreement is made ' and entered into this 25th day of June, 1997, 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- sufficfency- 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 Bandshell Date(s) of Engagement: August 22, 1997 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 $15,000. 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 (if no booking agent involved in this agreement insert "none") . 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. i 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. S. 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, tip MP dentraeted fee. In the event the eit this perfemanGe within seven. (7) days of the seheduled 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 outdo dr the s,4'joq performance due to rain, the Artist agrees to perform n the ?y,T;�y same day indoors, at a later time the same day outdoors or on i a later date depending upon the Artist's touring obligation . � In such an event of a rainout, Artist will be paid 100 percent at,of its fee whether the performance is . cancelled, Cplayed indoors, postponed to a later time the same day or postponed to _ later dat . 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 -2- i from any and all claims, causes- of action or expenses whatsoever arising out of- or due to the negligent acts of the 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-r—What —two—€e3lewi Q- -Iderre are tashed made—agar€ of this agreemento ona rider t agreement attaehe4r 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: Maria Cumpata, Artist: Superintendent Recreation & Facilities Elgin Symphony Orchestra City of Elgin 20 Dupage Court 150 Dexter Court Elgin IL 60120 Elgin, IL 60120-5555 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY LGIN ARTIST By By Ci Manager Its ELGINSYM.PHO/TEXT081/CONCERTS -3- i City Of Elgin Agenda Item No. July 1, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Elgin Symphony Orchestra Fine Arts Festival Concert PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Performance Agreement with the Elgin. Symphony Orchestra for the 1997 Fine Arts Festival . BACKGROUND For four out of the five years that the City has sponsored the Fine Arts Festival, the Elgin Symphony Orchestra has provided the kick-off concert on Friday evening. This free performance will again take place at the Wing Park Bandshell on Friday, August 22 at 7: 30 p.m. . The ESO has promised an exciting program for all ages with music ranging from "My Fair Lady" to "Evita" . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Elgin Symphony Orchestra and American Association of Universi- ty Women. FINANCIAL IMPACT Sufficient funds are available in the Fine Arts Festival account number 010-6902-719 .89-03, project number 540210, for this $15,000 expenditure. LEGAL IMPACT None. ALTERNATES The alte-tnative is to 'not have a Friday night concert per- formed by the Elgin Symphony Orchestra. • ESO Fine Arts Festival Concert July 1, 1997 Page 2 RECOMMENDATION It is recommended that the Mayor and members of the City. Council approve the Performance Agreement for . the Elgin Symphony Orchestra to perform at the Friday, August 22 Fine Arts Festival Concert. Respectfully submitted, Monica Meyers , Director P nd Recreation Rob t 0. Malm Interim City Manager Js s .