00-44 Resolution No. 00-44
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE ELGIN SYMPHONY ORCHESTRA ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute a
Purchase of Service Agreement on behalf of the City of Elgin
with the Elgin Symphony Orchestra Association for youth
programming and operational support, a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: February 23 , 2000
Adopted: February 23 , 2. 000
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT is made and entered into thish day
ofd a, 2000, 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" ) ; and
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' s Largest
symphony orchestra outside the City of Chicago; and
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 ESO provides over 10, 000 tickets each session to
residents of Elgin, and draws over 17, 000 ticketing patrons into Elgin
each season; and
WHEREAS, the ESO provides over 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 $193, 000 on or before
March 1, 2000 .
2 . The ESO shall address all initial inquiries and requests made
pursuant to this agreement to the Management Assistant in the
City Manager' s office .
3. The ESO shall apply $75, 000 of the aforementioned $193, 000 to
Youth Initiatives . In exchange, the ESO shall provide youth
programs, including, but not limited to, Arthur Anderson
Petite Musique, Elgin Financial Center Foundation Kids
Konzerts, In-School Music Program, Apprentice Program, and the
Homeschool Subscription series .
4 . The ESO shall apply $30, 000 to office and salary expenses
related to their location at 20 DuPage Court, including their
box office . - In exchange, ESO shall maintain and operate a box
office in the center city area throughout the year.
5 . The ESO shall apply $63, 000 to general operational expenses .
6. The ESO shall apply $25, 000 to the SCORE ! (Student Creating
Opera to Reinforce Education) program, designed in conjunction
with Hamilton Wings .
7.. The ESO shall. provide a written report detailing he
disbursement of $193, 000 . Such report shall be submitted by
September 30, 2000 to the Elgin City Council and shall
include, but not be limited to, a summery of public
performance offering, gross tickets sold, activities offered
for youth, attendance numbers for said activities, and a
breakdown of $30, 000 in office expenses .
8 . The ESO shall be granted and additional loo discount on
Hemmens usage fees, including hall rates, labor and equipment
charges, should it hold more than 15 performances in a
calendar year at the Hemmens Cultural Center.
9 . The City shall have the right to review all accounting records
related to the use of the $193, 000, given 72 hours notice, and
at the time agreed upon by both parties .
10 . 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 a result of any negligent actions by the
ESO.
11 . This Agreement shall be in full force and effect from January
1, 2000 through December 31, 2000 .
12 . The terms of this agreement shall be severable. In the event
any of the terms or provisions of this agreement are deemed to
be avoid or otherwise unenforceable for any reason, the
remainder of this agreement shall remain in full force and
effect .
13 . This agreement shall not be construed so as to create a joint
venture, partnership, employment or other agency relationship
between the parties hereto.
14 . This agreement shall be subject to and governed by the laws of
the State of Illinois . Venue for the resolution of any
disputes or the enforcement of any rights arising out of or in
connection with this agreement or its performance shall be in
the Circuit Court of Kane County, Illinois .
CITY OF ELGIN ELGIN SYMPHONY ORCHESTRA
ASSOCIATION /
By By v
Ed chock Michael Pastreich
Executive Director
Attest:
City Clerk
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TO: Mayor and Members of the City Con
FROM: Joyce A. Parker, City Manager 9
SUBJECT: Purchase of Service Agreement with Elgin Symphony Orchestra
At the February 9 Committee of the Whole meeting, approval was given to a Purchase of Service
Agreement between the City and the Elgin Symphony Orchestra. The Purchase of Service
Agreement addresses a contribution $193,000 to the Symphony for youth programming and
operational support. A resolution authorizing execution of the Purchase of Service Agreement
will appear as an item on the Consent Agenda at the Council's February 23 meeting.
• Since the Council's action on February 9, the Symphony has requested that a change be made as
it relates to the use of funds in programming and operations. The Symphony wishes to apply
$63,000 to general operational expenses rather than $53,000 indicated in Section 5 of the
Agreement. The amount applied to Youth programming would be $75,000, rather than $85,000
indicated in Section 3 of the agreement as it was initially presented to the City Council.
All other provisions of the Agreement would remain the same.
Staff would recommend that the suggested changes be approved.
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V
Agenda Item No.
City of Elgin
February 9, 2000
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, 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 the City Council to consider a Purchase of
Service Agreement with the Elgin Symphony Orchestra (ESO) for youth
programming and general operational support .
BACKGROUND
The 2000 Budget includes $183 , 000 for ESO support , with $145, 000
from the Riverboat Fund designated for ESO support and youth
initiatives and $38, 000 from the General Fund Cultural Arts
Commission budget . At their January 12 meeting, the Cultural Arts
Commission approved the expenditure of $38 , 000 from their General
Fund budget to support ESO operations .
Subsequent to the budget decision, the Symphony requested an
additional $10 , 000 from the City for a total contribution of
$193 , 000 . The additional $10, 000 will be programmed for Youth
Initiatives .
The ESO is the largest orchestra in the state outside of the City
of -Chicago. With over 27, 000 ticketed patrons 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 17, 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 .
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• ESO PSA
February 9, 2000
Page 2
A continued feature of the Symphony' s program is a collaboration
with Hamilton Wings to implement a music development program
designed for at-risk youth. Begun in 1999, Students Creating Opera
to Reinforce Education! (SCORE) provides the opportunity for 60 at
-risk students, age 10 to 13 , to work with professional singers,
composers, instrumentalists, writers, designers and theatre
technicians to create, develop, produce and perform an original
opera . The ESO will apply $25, 000 of the City' s contribution to
this program. A Purchase of Service Agreement has been drafted 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 . ESO has prepared
a report to the City detailing the use the use of the $183 , 000
funding in 1999 . Also included in the agreement is a provision
granting an additional loo discount for Hemmens usage, if ESO uses
the facility more than 15 times in a calendar year. This provision
provides an incentive to ESO to continue to utilize the Hemmens as
their home base .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Symphony Orchestra and Elgin Cultural Arts Commission
k4-4INANCIAL IMPACT
Total funding of $193 , 000 is located in the 2000 General Fund and
Riverboat Fund budgets . The Cultural Arts Commission has approved
the expenditure of $38, 000 of their allocation from the General
Fund budget (account number 010-0902-709 . 80-10) . The Riverboat
Fund (account number 275-0000-791 . 80-11) contains the remaining
$155, 000 for ESO support and youth initiatives . Sufficient dollars
exist to fund the PSA with the Elgin Symphony Orchestra.
WkVLEGAL IMPACT
None .
ALTERNATIVES
The City Council could approve the agreement as drafted, edit the
agreement or decline to provide support to ESO.
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• ESO PSA
February 9 , 2000
Page 3
RECOMMENDATION
It is recommended that the City Council approve the Purchase of
Service Agreement, reflecting a City contribution of $193 , 000, with
the Elgin Symphony Orchestra as presented.
Respectfully submitted,
Jo, e A. Parker
City Manager
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Attachment
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