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97-20 Resolution No. 97-20 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra Association for youth programming and general operational support, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: January 22, 1997 Adopted: January 22 , 1997 Vote: Yeas 6 Nays 0 Attest: sl Dolonna Mecum - Dolonna Mecum, City Clerk SERVICE AGREEMENT THIS AGREEMENT is made and entered into on this t, �, day of 1997,by and between the ELGIN SYMPHONY ORCHESTRA ASSOCIATION, a not-for- profit organization, (hereinafter referred to as the "ESO") and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "CITY") WHEREAS, The City of Elgin, Illinois has determined it to serve a beneficial public purpose to maintain the Elgin Symphony Orchestra as the largest cultural organization in the Fox Valley and as Illinois' largest symphony orchestra outside the City of Chicago; WHEREAS, The City has further determined it to serve a beneficial public purpose to assure that its youth are extended a diverse offering of stimulating activities which provide potential life-long benefit; and WHEREAS, The Elgin Symphony Orchestra sells 10,000 tickets each season to residents of Elgin, and further draws 15,000 ticketed patrons into Elgin each season; and WHEREAS, the ESO provides 10,000 students each season with stimulating musical experiences. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The City shall pay to the ESO the sum of$150,000 on or before January 31, 1997. 2. The ESO shall address all initial inquiries and requests made pursuant to this agreement to City's New Century Partnership Director. 3. The ESO shall apply $75,000 of the aforementioned $150,000 to Youth Initiatives. 4. The ESO shall apply $30,000 to office and salary expenses related to their new location at 20 DuPage Court; including their new box office. D. The ESO shall-apply the additional 535,000 to general operational expenses. 6. The ESO shall provide a written report detailing the disbursement of 5150,000. This report shall be received by September 30; 1997 to the Elgin City Council and shall include but not be limited to a summary of-public performance offerings, gross tickets sold, activities offered for youth, attendance numbers for said activities, and a breakdown of$30,000 in office expenses. 7. The City shall have the right to review all accounting records related to the use of the $150,000, given 72 hour notice, and at a time agreed upon by both parties. 8. The ESO shall indemnify and hold City harmless from and against any and all claims for damages, suits, causes of action or any and all other liability which may arise out of or in connection with the performance of this agreement or other operations as result of any negligent actions by the ESO. 9. This Agreement shall be in full force and in effect from January 1, 1997 through December 31, 1997. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year written above. CITY OF ELGIN, a municipal corporation B Y Kevin Kelly Mayor Attest: City Clerk ELGIN SYMPHONY ORCHESTRA ASSOCIATION, a not-for-profit corporation BY Michael Pastreich Executive Director ,, ;i Clt Of Elgin Agenda Item No. r January 15, 1997 TO: Mayor and Members of City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Elgin Symphony Orchestra Support and Purchase of Service Agreement PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of City Council to consider a Purchase of Service Agreement with the Elgin Symphony Orchestra (ESO) for youth programming and general operational support. BACKGROUND The 1997 Budget includes $150,000 for ESO support, with $115, 000 from the Riverboat Fund designated for ESO support and ' youth initiatives and $35, 000 from the General Fund Cultural Arts Commission budget. On January 13, 1997, the Cultural Arts Commission voted to recommend the expenditure of $35, 000 from their General Fund budget to support ESO operations . ESO is the largest orchestra in the state, outside of the City of Chicago. With over 20, 000 tickets sold each year to a variety of concerts, the presence of ESO in the community helps establish Elgin as a regional center for the performing arts . ESO estimates that approximately 10, 000 of these patrons are from Elgin with another 15, 000 being drawn from outside of Elgin. In addition to these programs, ESO in partnership with the City has provided a variety of programs to school children in Elgin (i .e. - Petite Musique, Kidz Konzerts, In-School Music Program, Apprentice Program, and a new Home School Subscription series) . ESO' s commitment to the Elgin community is apparent through the continued use of the Hemmens Cultural Center as the symphony' s home base and the move of ESO' s executive offices to downtown in August, 1996 . A Purchase of Service agreement has been drafted by the ESO Executive Director and City staff for City Council consideration. The agreement is designed to establish the public purpose for City support and provides a mechanism for ESO' s accountability for the use of public funds . NEEL- Elgin Symphony Orchestra January 16 , 1997 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The proposed agreement was drafted in conjunction with the ESO Executive Director, Michael Pastreich. FINANCIAL IMPACT Total funding of $150 , 000 is in the 1997 General Fund and Riverboat Fund budgets . The Cultural Arts Commission has recommended using $35, 000 of their allocation from the General Fund budget (Acct. No . 010-1902-709 . 80-10) . The Riverboat Fund (Acct. No. 275-0000-791 . 80-10) contains the remaining $115 , 000 for ESO support and youth initiatives . LEGAL IMPACT None. ALTERNATIVES The City Council could approve the agreement as drafted, edit the agreement or decline to provide support to ESO. RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement with the Elgin Symphony Orchestra. Respectfully submitted, Eric S. Stuckey Budget Director/Public mat ion Officer G� Rob rt 0. Malm Interim City Manager Attachments l Elgin Symphony Orchestra • 20 DuPage Court, Elgin, IL 60120-6424 • Phone (847) 888 - 0404 Fax (847) 888 - 0400 Robert Hanlon - Alutic Director Michael Pattreich - Executive Director John T. Snow - President December 13, 1996 Honorable Kevin Kelly Mayor City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Kevin, The Elgin Symphony is grateful for the City of Elgin's support. As you know, the Elgin Symphony is now the largest orchestra in the state, outside the city of Chicago. As we have grown, we have received significant recognition throughout the state. In 1989, we were named "Orchestra of the Year" by the Illinois Council of Orchestras; in 1993, we received the City of Elgin's "Elgin Image Award"; in 1995, Marcene Linstrom, our then Executive Director, received the Illinois Council of Orchestra's "Manager of the Year" Award; and this year we were named for the _ fist time as one of the State of Illinois's "39 Established Regional Arts Institutions" (we were one of only 3 orchestras). Each year, over 20,000 tickets are sold to our Classic, Pops, Holiday, and Family concerts, with s!1% of mir natronc coming from within Elgin. anr► <n% hPino r1raum into Flain .from ciirrrntndinq communities. In addition to these community members, we serve over 10,000 school children through our Petite Musique, Kidz Konzerts, In-School Music Program, Apprentice Program, and new Home School Subscription Series. As we continue to study our activities, our primary question is how we can 'best serve Elgin, and our community. As you and I have discussed, the Elgin Symphony's slowest period for cash-flow is in January and February; the time just before we start the next season's subscription campaign. The Elgin Symphony would be appreciative if you could arrange for the S 150,000 budgeted for the Elgin Symphony during'the 1997 calendar year to be paid during the month of January. We at the Elgin Symphony are grateful for all you have done, and continue to do, for us. — Sincerely, _- Michael Pastreich Executive Directo-r cc: Jim Nowicki Eric Stuckey • • • n �