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Home My WebLink About01-95 Resolution No. 01-95 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE TALISMAN THEATRE FOR SHAKESPEARE IN THE PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Cost Sharing Agreement on behalf of the City of Elgin with the Talisman Theatre for Shakespeare in the Park scheduled for August 9 through September 2 , 2001, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 11, 2001 Adopted: April 11, 2001 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk i Special Event Cost Sharing Agreement AAp,o,,��,, THIS AGREEMENT made and entered into this /4 �l4ariciiday of ,12001, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and TALISMAN THEATRE, an Illinois not-for-profit corporation (hereinafter referred to as "Talisman Theatre"). WITNESSETH WHEREAS, Talisman Theatre, is an Illinois not-for-profit corporation located in Elgin, Kane County, Illinois; and WHEREAS, Talisman Theatre has proposed a special event in the form of a Shakespearean play for August, 2001, to be conducted at the Wing Park Bandshell(hereinafter referred to as the "Subject Special Event"); and WHEREAS, Elgin Municipal Code Section 13.25.020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies; and WHEREAS, Talisman Theatre has requested that the City cosponsor the subject special event; and WHEREAS, the City has determined that the Subject Special Event will attract additional interest in the Elgin area and will assist in promoting further quality programs for the City of Elgin; and WHEREAS, the City Council has further determined that it is in the best interests of the City to share in the costs of the Subject Special Event with Talisman Theatre in accordance with the terms and conditions of this cost sharing agreement; and (1.) WHEREAS, the City of Elgin is a home rule municipality as defined in Artiele VII Section 6a of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and peiform any Function pertaining to its government and affairs. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2. That the City and Talisman Theatre agree to share the cost of the Shakespearean play from August 9 - 12, 15 - 19, 25 & 26 and August 29 - September 2, 2001. The Subject Special Event will be located at the Wing Park Bandshell and shall be conducted between the hours of 8:00 p.m. and 11:00 p.m. from August 9 -12, 15-19, 25 &26 and August 29 - September 2, 2001. The City's only cost for the subject special event shall be $5,060.00 to be applied to Police Security and Parks and Recreation services for the sixteen day event it being agreed and understood that Talisman Theatre shall be responsible and pay all other costs associated with the subject special event. Talisman Theatre shall pay to the City for security purposes an amount deemed sufficient by the City of Elgin in the City's sole discretion pursuant to the security plan referred to in paragraph 5 herein. Talisman Theatre shall provide payment to the City within thirty (30) days of written demand for payment by City. 3. That Talisman Theatre shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The City (2.) Manager shall provide all necessary signatures on the special event application to evidence the City's co-sponsorship fo the subject special event. Notwithstanding the City's co-sponsorship of the subject special event, the parties hereto understand and agree that Talisman Theatre shall be solely responsible for conducting the subject special event and for all costs associated with the subject special event including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled"Special Events in Public Places". Additionally, notwithstanding the City's co-sponsorship of the subject special event, Talisman Theatre agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, that Talisman Theatre shall be strictly liable for the acts of its agents, volunteers, officers and employees and that Talisman Theatre to the fullest extent permitted by law shall indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from any claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or in any way connected with the subject special event or any acts or omissions of Talisman Theatre, its agents, volunteers or employees. Nothing herein affects Talisman Theatre's duty to defend the City. In the event of any action against the City or 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. Talisman Theatre shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070 naming the City as a primary, non-contributory coinsured with limits of not less than $500,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury and property damage. This insurance shall apply as primary (3.) insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 4. That in consideration of Talisman Theatre being solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event as provided herein, the parties understand and agree that Talisman Theatre shall be entitled to retain any income received from the subject special event. 5. That in conjunction with the special event permit application Talisman Theatre shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the Chief of Police in writing five (5) business days before the event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. The number of police officers and the duration of the special police detail for the special event shall be determined by the Chief of Police. The security plan in addition to including the requisite payment to the City for security shall also include Talisman Theatre providing at its sole cost one private security guard at the subject special event during non-performance hours and one Talisman representative available 24 hours a day during the weeks of August 9 through September 2, 2001. 6. That the Talisman Theatre shall apply for and obtain, or cause to be applied for and obtained, a Class I liquor license. In the event the Talisman Theatre uses the services of a separate vendor as contemplated in Elgin Municipal Code Section 6.06.04OL, such vendor shall (4.) actually conduct and be responsible for all liquor sales. The Talisman Theatre shall also provide, or cause to be provided by such vendor, and without cost to the City, the dram shop insurance required pursuant to Elgin Municipal Code Section 13.25.080 naming the City as a co-insured with limits of not less than $1,000,000 with such proof of insurance stating that is shall not be terminated or suspended without at least thirty(30) days prior written notice to the City. 7. That Talisman Theatre at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event. Any entertainment and use of amplifiers shall be in compliance with all applicable regulations. 8. That Talisman Theatre at its sole cost shall be responsible for providing all toilets and other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 9. The Talisman Theatre wishes that a not-for-profit art group known as "Art for All" be allowed to participate in this special event. Art for All's participation in this event will consist of the construction and maintenance of a large tented "gallery" on the grass area closest to the lower level parking lot wherein twelve artists will display various forms of art from 6 - 10 p.m. during each day of the special event. Talisman Theatre hereby assumes strict liability for the acts or omissions of all agents, representatives, employees, artists or representatives of "Art for All". Talisman Theatre further agrees that it shall indemnify, defend and hold harmless the City of Elgin for any claims relating in any way to Art for All's participation in this special event. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the above-described agreement to indemnify, defend and hold (5.) harmless, such action shall be defended by legal counsel of the City's choosing. 10. That nothing contained in this agreement shall be construed to relieve Talisman Theatre, its officers, agents or employees, as well as any other participants in the Subject Special Event from complying with all applicable laws and regulations of the City, State and United States, including but not limited to obtaining any other permits or approvals as required by law. 11. That this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN TALISMAN THEATRE BY l- _., BY Jo,e Puler, City Manager ITS Aer.ESr2 i_ Lr7 ATTEST: ATTEST: 29)941, --C City Clerk (6.) • Talisman Theatre- Budget FY02 INCOME Contributed Income $47,000 Individuals - 3,000 Special Events 8,000 Grants 33,500 Sponsorships 2,500 Earned Income $38,725 Admissions Romeo&Juliet 29,400 Residency/school show 6,250 Early Stages, Fertile Ground 1,200 Program Ads 750 Retail 300 Concessions _ 825 Total income $85,725 EXPENSES Program Expenses Artistic Director 51,500 R&J $66!75 Actors $5,500 Stage manager $1,000 ASM $800 Technical Director $800 Intern stipends $2,220 Director $800 Producer $0 Assoc. Producer $1,000 Paris Artist Honorariums $800 Set Design $600 Lighting Design $600 Costume Design $600 Graphic Design $0 Sound operator $600 Set Construction $800 Costume Construction $500 Master Electician $400 Running Crew $2,500 Props Master $400 Total Personnel Salaries&Fees $19,920 Art in the Park Materials 5500 Sc ipts $4.00 Sound Designirentai $3,500 Costumes 52,500 Costume Maintenance 5240 Scenery $1,500 Props $300 Lighting,generators, rental etc. $12,000 Technical Contingency $500 Truck Rental, Hauling S500 Reh. Rent, Hse fvlgmt&T cketing servi 50 Additional rehearsal rental SO Dressing space SO Production Materials, Services 522,4-40 Advertising $7,500 PR Fundr. 51,500 Programs $1,225 Invitations 5150 Pstcd Postage 50000 5325 General Postage $300 Posters,flyers $1,500 List Purchase 5150 Mailing Services $500 Photography 5325 Banners $735 Reception SO Total Marketing $14.210 Insurance $2,500 Security after hours $3,640 Portable Restrooms $3,765 Total Safety&Security $9.905 School proggramslciasses $5,875 Actor/teachers 51,575 Stage Manager 5100 ASM/Sound Operator 575 Technical Director 5125 Director 575 Set Design SO Lighting Design $200 Costume Design $0 Graphic Design $125 Set Construction 5300 Costume Construction 5100 Crew,{load in&strike) $300 properties Construction - $0 Total Fees $2,975 Costumes $250 Costume Maintenance $75 Scenery $125 • Props 550 Truck Rental $200 Performance Venue Rent 51,575 Total Technical $2,275 Promo pstcd 5250 Followup SO Programs/study guides 575 Postage $300 Reception 50 Total Marketing 5625 Early Stages,Fertile Ground $4,850 Actors $1,350 Playwrights $450 Event Coordinator 5300 Directors(3) $450 Graphic Design $200 Total Fees $2,750 Script opies $300 Rent 3350 Total Materials $650 Advertising/PR $500 Printing,2500 flyer $450 Postage 2500 g.15 5375 Photography $125 Total-Mar'eting $1,450 Total Program Expense $78,700 • Admimist-ativele*our^,a Expenaas $6,085 Producing Director $0 Asst Producer $500 Fringe $0 Fundraising 32,875 Special events, food,printing, postage $2,575 PR/Marketing $150 • Consultant,general PR $0 Postage 5150 Insurance $800 Liability $800 Copying $350 Contingency $250 Dues&Suascriptians $375 League Chicago Theatres $325 PACT Chgo Producers Assn $50 Postage,General 5335 Storage, Office space $500 Supplies,Office $150 Utilities $0 Total Income $85,725 Total Expense $84,785 Surplus(Deficit) $940 Earned Income 45.17% Budget-Shakaaps4re In to Perk 2001 R&J Cash In kind Total Actors 3 5,500 5 3,500 3 9,000 Director 3 800 S 2+,100 5 2,800 Set Cesign 3 500 3 500 5 1,100 lighting DesigrVE'econcai coordinator $ 300 3 500 3 1,100 Costume Design 5 640 5 500 $ 1,100 Student St rends $ 2,220 S 2,220 Visual Artists $ 800 $ 2,000 5 2,300 .• Graphic Design 5 - S 500 5 500 Stage Manager 3 1,400 5. 1,000 5 2.000 ASM/Sound Operator S 800 5 800 3 1,600 Fringe S - b - Technical Director 5 800 $ 700 5 1,500 Equity Bond S - 5 - Soecial effects S - 5 - $ - Sound Operator 5 600. $ 400 5 1,000 _ Set Construction 5 800 S '500 $ 1,300 Costume Construction 5 500 5 - 3 500 Load,Strike 5 1,500 S 1,200 3 2,700 Props Master $ 400 $ 200 5 600 Master Electrician 5 400 5 500 5 900 Electric Load in,strike 5 1,000 S 200 3 1.200 Producer S - 1 2,500 3 2,500 Assoc.Producer 5 1,000 5 1,000 $ 2,000 Total Personnel Salaries&Fees $ 19,920 $ 18,500 S 38,420 Community Art materials 5 500 $ 500 Scripts 5 400 S - $ - Scenery 5 1,500 $ 1,500 Props 5 800 5 - $ 800 Costumes 3 2,500 S 1,000 S 3,500 Costume Maintenance 3 240 S - $ 240 Lighting,generators&scaffold in kind? 5 12,000 $ 12,000 Sound rental S 3,500 S - S 3,500 Technical Contingency $ 500 5 - 3 500 ECC Rent,Hse Mgmt&Ticketing service $ - 3 2,418 S 2,418 Additional rehearsal rental S - 5 640 5 640 Production tents 5 - S - 5 - Truck Rental.Hauling $ 500 5 . - 5 500 Production Materials,Services 3 22,4.40 5 4,058 3 28,498 Advertising 37,500.00 5 4.000 S 11,500 PR Consult 5 1,500 $ - S 1,500 Programs 5 1,225 S 1,2 5 PR materials costs(fonnerty invitations) S 150 5 - S 150 Postcard postage,25,000 S 325 $ - $ 325 Postcard printing,flyers S 1,500 $ 1,200 5 2,700 Printing pstrs,flyer $ 150 S - $ 150 Mailing Service 5 500 5 - $ 500 General Postage S 300 5 - $ 300 Photography S 325 3 - $ 325 Banners:sign $ 735 5 - 5 735 Reception S - 5 - 5 - Total Marketing $ 14,210 3 5,200 $ 19,410 25000 Insurance 5 2,500 $ 500 5 3,000 Security 5 3,640 S - 5 3,640 Portable Restrooms,Waste removal $ 3,785 $ - 5 3,765 Total Safety 33ecurity S 9,905 5 500 $ 10,405 Total Production Costs $ 66,475 5 28,258 $ 94,733 :r+cna►e Admissions S 29,400 Concessions,food&beverages 5 825 Ad Sales 3 750 Benefit -4,C700 Grants 5 28.750 Sponsorships 5 750 individual Contributions S 2,000 Total income $68,475 fjnce SO b Earned Income 52.51% ., & ,' s! City of EI in �., c i Agenda Item No. � r � � .00d k. q of Autt; civ �'PATED4 � C 3��.', �4. c '� yam .' L March 8, 2001 • G I --- .. TO: Mayor and Members of the City Council N 4� e_ FROM: Joyce A. Parker, City Manager RECREATIONAL LEISURE ANO CULTURAL OPPORTUNITIES FOR A LL CITIZ ENS SUBJECT: Special Event Agreement with the Talisman Theatre PURPOSE , U��i�� ~ H.t, The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a cost sharing agreement with the Talisman Theatre for Shakespeare in the Park scheduled for August 9 through September 2 , 2001 . BACKGROUND Representatives from the Talisman Theatre have submitted a City of Elgin Special Event Application to hold Shakespeare in the Park at the Wing Park Bandshell from August 9-12, August 15-19, August 25 and 26 and August 29-September 2 , 2001 . Talisman Theatre is a non- profit professional theatre company committed to producing classic plays and original works . An event budget is attached. Staff from Parks and Recreation have met with the Talisman Theatre to review event logistics and a budget . Several years ago, Talisman relocated, moving from Chicago to Elgin, and is in the midst of its third year of production here. They produce, with the City' s cooperation, an annual Shakespeare Festival that generates regional attention and draws people to Elgin. To help offset the high cost involved in a production of this magnitude, the Talisman Theatre is requesting permission to be allowed to sell beer and wine again at this year' s event . Without the revenues generated through the sale of beer and wine, Talisman Theatre feels it will be very difficult to cover the expenses of the event . Talisman Theatre has requested from the Cultural Arts Commission a grant of $20, 000 to help sponsor the event . As a part of the City' s support for the event, a special events cost sharing agreement is proposed. The proposed agreement will be ribs similar to the one used for last year' s Shakespeare in the Park event which was held over seven days . This year' s event will be Special Event Agreement March 22, 2001 Page 2 As a part of the City' s support for the event, a special events cost sharing agreement is proposed. The proposed agreement will be similar to the one used for last year' s Shakespeare in the Park event which was held over seven days . This year' s event will be held for 16 nights and will be held in conjunction with the Fine Arts Festival . 1 . Talisman Theatre and the City shall share the costs to provide a police officer for event security. Security will need to be provided during event hours : August 9-12 , 15-19, August 25 and 26, and August 29 through September 2 , 8 : 00 p.m. - 11 : 00 p.m. The costs for the police service for the City of Elgin will not exceed $3 , 060 . 2 . The Parks and Recreation Department will provide barricades, fencing, and assistance from one staff person at a cost not to exceed $2 , 000 during the event . There will be no charge to the Talisman Theatre for this service . 3 . Talisman Theatre shall be given permission to sell beer and wine . A liquor license and Dram Shop insurance will be provided by Talisman Theatre naming the City as an additional insured with limits of not less that $1, 000, 000 . Additionally, the City will approve an ordinance amendment in Municipal Code 123 . 08 . 010 to give approval to Talisman Theatre to sell beer and wine in Wing Park during event hours. 4 . "Art for All" shall be given permission to show and sell their artwork in conjunction with the Talisman Theatre event . 5 . The Talisman Theatre will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $5, 000, 000 covering general liability, including personal injury and property damage. Additional pending permits and permission will be required as follows : Insurance : Dram Shop Insurance and General Liability Insurance . Liquor License : Class I special event liquor license must be obtained by Talisman Theatre . r Special Event Agreement March 22, 2001 Page 3 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Talisman Theatre and Elgin Cultural Arts Commission. FINANCIAL IMPACT The cost of providing Police security and Parks and Recreation services for the 16-day event are estimated at $5, 060 . Sufficient funding is available for the expenditures in the 2001 Police budget, account number 010-2308-731 . 01-02 , ($3 , 060) , and the Parks and Recreation expenditures in the Special Event budget, account number 010-5011-762 . 01-04 ($2 , 000) . A preliminary event budget is attached. WVLEGAL IMPACT An agreement will need to be completed. ALTERNATIVES 1 . Enter into a cost-sharing agreement providing financial participation by the City estimated at $5, 060 and allow an ordinance amendment to Municipal Code 12 . 08 . 010 to give Talisman Theatre approval to sell beer and wine in Wing Park during event hours . 2 . No financial participation by the City with Talisman Theatre assuming 100% of the event costs, however, approve an ordinance amendment to the Municipal Code 12 . 08 . 010 to give Talisman Theatre approval to sell beer and wine in Wing Park during event hours . 3 . No financial assistance from the City. No ordinance amendment to Municipal Code 12 . 08 . 010 to give Talisman Theatre approval to sell beer and wine in Wing Park during event hours . eg"` Special Event Agreement March 22, 2001 Page 4 RECOMMENDATION It is recommended the Mayor and members of the City Council approve Option 1 to enter into a cost-sharing agreement providing financial participation by the City estimated at $5, 060 and approve an ordinance amendment to Municipal Code 12 . 08 . 010 to allow Talisman Theatre to sell beer and wine in Wing Park during event hours . Respectfully submitted Jo e A. arker City Manager