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Resolution No. 07-178
RESOLUTION
AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH THE ELGIN
SYMPHONY ORCHESTRA FOR THE FOXFIREFEST
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager,and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a Performance Agreement with the Elgin Symphony Orchestra for the
FoxFireFest on Friday,August 3,2007,a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 11, 2007
Adopted: July 11, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
i
Performance Agreement with the Elgin Symphony Orchestra for various performances
June 22, 2007
Page 4
ESO PERFORMANCE AGREEMENT
This Agreement is made and entered into this-"day of V�,2007,by and between the City of
Elgin,an Illinois municipal corporation (hereinafter referred to as the"City"),and Elgin Symphony Orchestra,an
Illinois not-for-profit corporation(hereinafter referred to as"Artist").
For and in consideration of the mutual promises and undertakings contained herein,and other good and
valuable consideration,the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as
follows:
1. That Artist will give a performance as follows:
Name and Address of Place of Engagement: Festival Park, 132 S.Grove,Elgin IL.
Date(s)of Engagement: Friday,August 3,2007
Type of Engagement: Elgin FoxFireFest -
Starting and finishing time of engagement: 7:30 p.m.=9:30 p.m.
Number of Musicians: 70
2. City shall pay to Artist a total fee of$20,000. Said fee is the total compensation to be paid to
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. Artist has executed this agreement as an independent contractor and is not an employee of the
City. This agreement shall not be construed so as to create a joint venture,partnership,
employment or other agency relationship between the parties hereto.
4. That the content,nature and medium of the program shall be entirely within 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.
5. 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.
6. That the City grants approval for the Artist to sell its own recordings or souvenirs prior to the
performance,during intermission, and directly after the performance.
7. City may terminate this agreement and cancel the performance upon thirty(30)days prior written
notice to the Artist for any or no reason. 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.
Performance Agreement with the Elgin Symphony Orchestra for various performances
June 22, 2007
Page 5
8. In the event the subject performance is untenable in City's sole discretion due to inclement
weather,the subject performance shall be moved to an alternate location and/or time or date as
determined by agreement between the parties hereto. Notwithstanding anything to the contrary in
this agreement, in the event the parties are unable to agree to such a change in venue,time,or date.
Artist shall not be paid nor entitled to any portion of its fee and shall refund to City any amounts
paid by City to Artist.
9. That Artist may terminate this agreement and cancel the performance upon 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.
10. 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.
11. 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. The provisions of this paragraph shall survive any termination or
expiration of this agreement.
12. That this agreement shall be subject to and governed by the laws of the State Illinois. Venue for
any action brought pursuant to this agreement shall be in the Circuit Court of Kane County,
Illinois.
13. In no event shall Artist be entitles to monetary damages from City for any reason, including, but
not limited to,compensatory,consequential, or incidental damages.
14. 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.
15. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise
unenforceable for any reason,the remainder of this contract shall remain in full force and effect.
16. 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.
17. The terms of this agreement shall be severable. In the event that any of the terms or provisions of
this agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of
this agreement shall remain in full force and effect.
Performance Agreement with the Elgin Symphony Orchestra for various performances
June 22, 2007
Page 6
18. All notices required herein shall be directed to the parties as follows:
Barb Keselica Artist: Elgin Symphony Orchestra
Special Events Coordinator 20 DuPage Ct.
100 Symphony Way Elgin, IL 60120
Elgin, 10L 60120
Payable to: Elgin Symphony Orchestra
IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written
above.
CI ELGIN ARTIST
By . By
City ana er Its
FEIN#/SSN
C Ity Of Elgin
Agenda Item No.
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June 22, 2007
TO: Mayor and Members of the City Council
/C etri ation:,I,Lei nre and
FROM: Olufemi Folarin, City ManageLager
c,dtw ropp:moil&.1 r:1liCitizen(
Sean R. Stegall, Assistant City
Randy Reopelle, Parks and Recreation Director
SUBJECT: Performance Agreement with the Elgin Symphony Orchestra for FoxFireFest, the
establishment of a Matinee Series and for the expansion of the Pops Series.
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider approval of the Performance Agreement with the Elgin Symphony
Orchestra (ESO) for FoxFireFest, the establishment of a Friday Matinee Series and for the
• expansion of the Pops Series.
RECOMMENDATION
It is recommended that the City Council approve the Performance Agreement with the ESO in
the amount of$91,000.
BACKGROUND
Friday Matinee Series
For several years, the city has requested that the ESO examine the potential of establishing a
matinee series as a means of adding an additional daytime attraction in the center city. After
careful review, ESO has agreed to move forward with the concept with the necessary financial
support from the City. The Matinee Series provides a viable concert option for our senior
patrons and allows flexibility for audience members who cannot attend concerts on the weekend.
More importantly, the Matinee concerts provide another cultural opportunity for our expanding
region and will introduce 3,600 patrons to downtown Elgin on Friday afternoons. The new
Matinee Series will consist of six Classic concerts beginning at 1:30 p.m. Each matinee will
feature a presentation and discussion of the music to be performed with the conductor of the
concert. The dates are as follows: November 2, 2007, January 4, 2008, February 1, 2008,
February 29, 2008, May 2, 2008 and June 13, 2008. The requested amount for the matinee series
is $63,000.
• Performance Agreement with the Elgin Symphony Orchestra for various performances
June 22, 2007
Page 2
Expansion of the Pops Series
The expansion of our Pops Series will consist of an additional weekend of three concerts in
November of this year. ESO patrons have repeatedly requested that we expand this series and
we are now responding to their needs by building this more substantial concert series. The
requested amount for the additional Pops Series is $10,000
FoxFireFest
For fourteen of the fifteen years that the City has sponsored the Fine Arts Festival, the Elgin
Symphony Orchestra(ESO) has provided the kick-off concert on Friday evening. We would like
to continue this tradition with FoxFireFest, which is replacing the Fine Arts Festival. This
performance, free to the public, will take place at Festival Park on Friday, August 3, at 7:30 p.m.
In 2006, approximately 2,500 people attended the Symphony's Friday evening performance.
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. The requested amount
for the FoxFireFest Performance is $18,000.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
American Association of University Women and the FoxFireFest Steering Committee.
FINANCIAL IMPACT
The cost of the various initiatives is $91,000. There are sufficient funds budgeted ($183,330)
and available ($116,068) in the Recreation Fund, Special Events Expense, account number 296-
5011-762.47-00, project number 039711, to pay Elgin Symphony Orchestra a not-to-exceed
amount of$91,000.
LEGAL IMPACT
None
ALTERNATIVES
1. The Council may choose to approve the Performance Agreement with the Elgin
Symphony Orchestra in the amount of$91,000.
2. The Council may choose not to approve the Performance Agreement with the Elgin
Symphony Orchestra in the amount of$91,000.
•
• Performance Agreement with the Elgin Symphony Orchestra for various performances
June 22, 2007
Page 3
3. The Council may choose to direct staff to negotiate a Performance Agreement with
different terms with the Elgin Symphony Orchestra.
Respectfully submitted for Council consideration.
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