02-197 Resolution No. 02-197
RESOLUTION
AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE
ELGIN SYMPHONY ORCHESTRA FOR THE ELGIN FINE ARTS FESTIVAL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, 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 performance at the Wing Park Bandshell for the Elgin Fine
Arts Festival , a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 12 , 2002
Adopted: June 12 , 2002
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RAGREE/PERFORM.AWC
5/2000
PERFORMANCE AGREEMENT
This Agreement is made and entered into this �-q day of 2002, by and between the City of
Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"), and Elgin Symphony
Orchestra 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 Bandshell
Elgin, Illinois 60123
Date(s)of Engagement: Friday, August 23,2002
Type of Engagement: Elgin Fine Arts Festival
Starting and Finishing Time of Engagement: 7:30 pm
Number of Musicians: 70
2. That the City in consideration of the artistic services of the Artist agrees to pay a total fee of
$15,000.00 . 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.
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 canceling 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 an agreed to later date as mutually agreed by the parties taking into account the Artist's
touring obligations. In such event of a rain-out,Artist will be paid 100%of its fee whether the performance is
cancelled by the City,played indoors,postponed to a later time the same day or postponed to an agreed to later
date as mutually agreed by the parties taking into account the Artist's touring obligations. In the event the
outdoor temperature drops below 55 degrees Fahrenheit, the Artist agrees to perform on the same day indoors
or on an agreed to later date as mutually agreed by the parties taking into account the Artist's touring
obligations. Notwithstanding anything to the contrary in this agreement, in the event the parties are unable to
agree on a later date for the performance the Artist will not be paid any portion of its fee.
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. In
such event the Artist will not be paid any portion of its fee.
11. That the Artist shall pay all applicable union fees. 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. Indemnification.To the fullest extent permitted by law,Artist agrees to indemnify,defend and
hold harmless the City, its officers, employees, boards and commissions from and against any and all claims,
suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or
alleged to arise out of any reckless or negligent acts or omissions of Artist's officers,employees or agents in the
performance of this agreement. In the event of any action against the City, its officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless,such action shall
be defended by legal counsel of the City's choosing.
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 the Circuit Court of Kane County,Illinois.
14. That the following riders are attached hereto and made a part of this agreement (if no riders
are being attached to this agreement insert "none): see attached.
_none
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. This Agreement,the documents it incorporates and its attachments, if any,constitute the entire
Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or
extended except by written amendment duly executed by the parties.
16. If any provision of this contract should be deemed invalid by any court of competent
jurisdiction,the remaining provisions shall remain in full force and effect.
17. No official,director,officer, agent or employee of the City shall be charged personally
or held contractually liable under any term or provision of this Agreement or because of their execution,
approval of attempted execution of this Agreement.
18. All notices required herein shall be directed to the parties as follows:
Jane Cordes,CPRP Artist: Elgin Symphony Orchestra
Special Events Coordinator 20 DuPage Court
Elgin Parks&Recreation Dept. Elgin,Illinois 60120
31 South Grove Ave.
Elgin,Illinois 60120
Payable to:Elgin Symphony Orchestra
IN WITNESS WHEREOF,the parties have executed this agreement on the date and year first written above.
CITY OF ELGIN ARTIST
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City Manage Its
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City of Elgin Agenda Item No.
May 17, 2002
TO Mayor and Members of the City Council RECREAT10 NAl EE15 URE
ANU GULTURAI OPPORTUNITIES
FOR-1.�ITIZ.ENS
FROM: Olufemi Folarin, 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 regarding a Performance
Agreement with the Elgin Symphony Orchestra for the 2002 Fine Arts
Festival .
BACKGROUND
For ten of the eleven years that the City has sponsored the Fine
Arts Festival, the Elgin Symphony Orchestra (ESO) has provided the
kick-off concert on Friday evening. This performance, free to the
public, will again take place at the Wing Park Bandshell on Friday,
August 23 at 7 :30 p.m. The ESO has promised an exciting program
for all ages . Attached is the Standard Performance Agreement that
is utilized with all entertainment contracted with the City.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
American Association of University Women and Fine Arts Festival
Steering Committee.
FINANCIAL IMPACT
There are sufficient funds budgeted and available in the Riverboat
Fund-Special Events, account number 275-0000-791-47-00, project
number 099565, to enter into this $15, 000 agreement with the ESO.
GAL IMPACT
None
Elgin Symphony Orchestra Fine Arts Festival Concert
May 17, 2002
Page 2
ALTERNATIVES
1 . Approve the Performance Agreement with Elgin Symphony
Orchestra for the Fine Arts Festival Concert .
2 . Do not approve the Performance Agreement with Elgin Symphony
Orchestra for the Fine Arts Festival Concert .
RECOMMENDATION
It is recommended that the City Council approve the Performance
Agreement with the Elgin Symphony Orchestra in the amount of
$15, 000 for the Fine Arts Festival Friday Concert .
Respectfully submitted,
M
0lufemi F arin
Inte 'm Cit ger
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