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HomeMy WebLinkAbout04-274 • Resolution No. 04-274 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE CHILDREN'S THEATRE OF ELGIN/FOX VALLEY YOUTH THEATRE CO. (The Little Mermaid and Excalibur: The Legend of Young King Arthur) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David Dorgan, City Manager, 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 Children's Theatre of Elgin/Fox Valley Youth Theatre Co. for performances of The Little Mermaid and Excalibur: The Legend of Young King Arthur, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: October 13, 2004 Adopted: October 13, 2004 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 this day of O&tA , 2004, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the"City") and the Children's Theatre of Elgin/Fox Valley Youth Theatre Co., an Illinois not-for-profit corporation,'(hereinafter referred to as"Children's Theatre"). WITNESSETH: WHEREAS, the Children's Theatre has proposed to conduct show productions of "The Little Mermaid " on October 21, 22, 23 and 24, 2004; and "Excalibur: The Legend of Young King Arthur" on April 7, 8, 9 and 10, 2005; and WHEREAS, the Children's Theatre has requested that the City share the cost of the subject productions by paying an amount not to exceed $7,600.00 of the costs and charges incurred related to the use of The Hemmens for each of two (2)productions; and WHEREAS, the City has determined that the proposed show productions by the Children's Theatre will attract additional interest in the Center City area, and will assist in promoting further activities in the Center City; and WHEREAS, the City has further determined that it is in the best interest of the City to share in the costs of the subject show productions with the Children's Theatre in accordance with the terms and conditions of this Purchase of Service Agreement; and WHEREAS, the City is a home rule municipality as defined in Article 7, Section 6A of the 1970 Constitution of State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform and function pertaining to its governmental and affairs; and WHEREAS, a cost sharing of the subject show productions and promoting further interest in the City's Center City area pertains to the government and affairs of the City. Now, therefore, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are hereby incorporated into this agreement in their entirety. , r 2. That pursuant to the terms of this agreement the City and the Children's Theatre hereby agree to share the cost of the production of: "The Little Mermaid" on October 21, 22, 23 and 24, 2004; and "Excalibur: The Legend of Young King Arthur" on April 7, 8, 9 and 10, 2005 (hereinafter referred to as "Productions") as specifically provided for herein. 3. That concurrently with the execution of this Purchase of Service Agreement the parties agree to enter into Lease Agreements for the Hemmens Cultural Center providing for the lease of Hemmens Cultural Center all as set forth in Exhibit 1 hereto. 4. That in conjunction with the Productions the City agrees to pay an amount not to exceed $7,600.00 of the costs and charges related to the use of the Hemmens for each of the Productions. The City's agreement to refund up to $7,600.00 of the costs and charges related to the use of the Hemmens for each of the Productions shall be the sole and only costs to the City for the subject shows. In the event that costs and charges related to the use of the Hemmens total less than $7,600.00, the City shall pay the dollar amount equal to the actual charges based on the rates as set forth in City of Elgin Resolution No. 03-353. The City shall make such payment within 30 days of the completion of the final billing for each Production. 5. That notwithstanding the City's agreement to pay certain costs for the Productions as provided herein and the Children's Theatre's agreement to produce the Productions, the parties hereto understand and agree that the Children's Theatre shall be solely responsible for conducting the shows. Children's Theatre shall indemnify, defend and hold harmless the City, its officials, officers, employees, agents, boards and commissions, from and against any and all suits, all other liability of whatsoever nature, including, but not limited to, attorney's fees, arising out of or in connection with Children's Theatre's negligent performance of the terms of this agreement including, but not limited to, any negligence by the employees or agents of the Children's Theatre. The City agrees to and shall indemnify, defend and hold harmless the Children's Theatre of Elgin, its officers, employees, agents, boards and commissions from and against any and all suits, causes of action, claims for damages, and any and all other liability of whatsoever nature, arising out of or in connection with the City's negligent performance of the terms of this agreement including, but not limited to the negligent actions of its employees. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 6. That this agreement shall not be deemed or construed to create an employment, joint venture,partnership or other agency relationship between the parties hereto. 7. Children's Theatre shall adhere to all rules, regulations and conditions as outlined in the Lease Agreement attached hereto. That in the event of any conflict between the terms of this Purchase of Service Agreement and the terms of the Lease Agreement attached hereto as Exhibit 1 the terms of this Purchase of Service Agreement shall control. 8. That within (45) days following the final performance for each Production, the City shall provide a statement to the Children's Theatre regarding each such Production. Such statement shall also identify the amount of box office receipts. Such statement shall identify the amount of all the costs and charges related to the use of the Hemmens, which shall include, but are not limited to, the admission surcharges set forth in the paragraph Paragraph 8 of the lease attached hereto and the box office charges, if any, as set forth in City of Elgin Resolution No. 03-353. The City shall pay the Children's Theatre the amount of box receipts which exceed all such costs and charges related to the use of the Hemmens, if any. Children's Theatre shall be billed cost and charges not covered by the box office receipts. All additional costs and charges shall be paid by the Children's Theatre by cash, money order of certified check payable to the City, within thirty (30) days of billing, unless otherwise expressly authorized in writing by the Lessor. The City shall in turn provide Children's Theatre with a refund check of an amount not to exceed$7,600 within thirty(30) days of billing. 9. The City shall provide audition space at The Hemmens in either the Theatre or the Exhibition Hall, depending on the event schedule. 10. The City shall provide rehearsal space at The Hemmens in either the Theatre or the Exhibition Hall depending on event schedule. However, Hemmens' staff will make every effort to schedule performances and the necessary set-up and rehearsals by other organizations. No rehearsal space shall be considered guaranteed until a final rehearsal/performance schedule is provided by The Hemmens to Children's Theatre. Such schedule shall be provided no later than the Call Back Audition for each production. 11. The City shall reserve the Theatre for preparation and performances, commonly known as "Tech Week", beginning at 8:00 pm on the Sunday prior to the first performance. 12. The Children's Theatre of Elgin shall make participation available to at-risk youth through (1) outreach to organizations and institutions serving at-risk and • low-income youth and (2) providing assistance to enable low-income youth to participate. 13. Children's Theatre shall provide reduced and waived registration fees to certain individuals based on need. The degree and amount of such assistance shall be at Children's Theatre discretion. 14. Children's Theatre shall provide The Hemmens' staff with a list of authorized designees as defined in Exhibit 1. 15. Any changes by Children's Theatre regarding rehearsal or performance times, ticket prices, or any other Box Office and/or Front-of-House operations shall be submitted in writing to The Hemmens' Front-of-House Supervisor. 16. Children's Theatre shall provide proof of the appropriate licensing of copyrighted works for each production to the City on or before the first day of the given Production's auditions. 17. If Hemmens' staff is to be used for the purpose of Lighting Design and/or Stage Management, a full copy of the script (in WORD format if available), stage drawings, backdrop lists and any other related technical information shall be provided no later than the first rehearsal. Any changes shall be provided in writing in a timely fashion. Furthermore, if Hemmens' staff is to be used for Stage Management, that staff person shall have authority over the backstage area and staff; including but not limited to, the use of intercom communication during rehearsals and performances, and the placement of scenery, props, and costumes when stored offstage. 18. In order to provide the highest standard of production, Hemmens' staff reserves the right to approve or deny the use of technical equipment to be used in conjunction with facility systems (lighting, sound, rigging, etc.). 19. Children's Theatre shall limit the length of school shows to allow not less than one hour between the end of the first performance and the scheduled start time of the second performance. 20. Children's Theatre of Elgin shall provide a report of each Production including the following information within thirty (30) days after the final performance for each Production: • A• .' total number of youth participating in Productions, B. number of scholarships or financial assistance provided, included equivalent financial value of such assistance, C. total number of youth participating who reside Elgin, and D. description of outreach methods. 21. Children's Theatre of Elgin shall provide the City Manager's Office written reports detailing related expenses related to each production within thirty (30) days after receipt of Production statement. 22. Children's Theatre of Elgin shall provide City with financial statements of the organization's total operations. These statements shall be submitted on or before July 31 and December 3 of each calendar year covered by this agreement. 23. The terms of this agreement shall be severable. 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 agreement shall remain in full force and effect. 24. This agreement is the sole agreement between the parties hereto. There are no other agreements, either oral or implied, between the parties hereto. The terms and provisions of this agreement shall not be amended without the written agreement of the parties hereto. 25. 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 events arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. IN WITNESS WHEREOF, the partied hereto have executed this agreement on the date and year first written above. CITY OF ELGIN, an Illinois CHILDREN'S THEATRE OF ELGIN, Municipal corporation an Illinois not-for-profit corporation David Dorgan a er A emann City Manager President Attest: City Clerk OF EC a3110 'ti Agenda Item No. City of Elgin g 1, 'O,,I/T D 1 t,''; July 23, 2004 G I TO: Mayor and Members of the City Council �y RECREATIONAL LEISURE (y,�/L'^ AN['�l:l.I1.EATIO f)i+P(EISUR ITI F.S FCIR Al..l..GITII.FN4 FROM: David M. Dorgan, City Manager Sean R. Stegall, Assistant City Manager William Folk, Front-of-House Supervisor SUBJECT: Purchase of Service Agreement with Children's Theatre of Elgin/Fox Valley Youth Theatre Company. PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a Purchase of Service Agreement with Children's Theatre of Elgin, a Not-for-Profit Organization, for two (2)productions. RECOMMENDATION It is recommended that the City Council approve the Purchase of Service Agreement with Children's Theatre of Elgin by providing financial support in the amount of$15,200 ($7,600 for each of two (2) productions). BACKGROUND Children's Theatre of Elgin's (CTE)mission is to enhance the quality of life of children and their families by providing performing arts education and making live theatre accessible. Children's Theatre of Elgin serves children living in Elgin and the immediate surrounding areas who are between the ages of 7 and 15. Children are encouraged to participate as cast or crew members as well as workshop participants. Under this Purchase of Service Agreement, the City would provide a contribution not to exceed $7,600 per production to be applied to Hemmens fees. In return, Children's Theatre, in addition to presenting two (2) productions, agrees to make participation available to at-risk youth and provide reduced or waived registration fees based on need. During the 2003-2004 Performance Season, complimentary tickets were provided to the Larkin Center, Little Angels, Boys and Girls Club, Jayne Shover Easter Seals and the Community Crisis Center. In total, 1288 complimentary tickets were provided. i , . . . Purchase of Service Agreement with CTE July 23,2004 Page 2 Attached is a memorandum from Peter Akemann, President of CTE. Mr. Akemann is requesting that the financial support provided to CTE be increased to $12,000 per production. Over the past six (6) years the City has provided $10,000 per production in financial support to CTE. Due to the 24% reduction in funding for all not-for-profit agencies, $7,600 per production has been budgeted. The support provided to CTE is in the form of a subsidy as relates to the costs of equipment and labor at The Hemmens Cultural Center. While no direct outlay is provided to CTE, the City is forfeiting the opportunity to rent the facility at full cost. Therefore, the financial impact to the City remains. It should be noted that CTE applied for, and received, a grant of $9,267.00 from the Elgin Cultural Arts Commission in fiscal year 2004 for its Route 66 production at Elgin Community College. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Children's Theatre of Elgin. 0fi1/JINANCIAL IMPACT The cost of the recommended Purchase of Service Agreement with Children's Theatre of Elgin will total $15,200, with $7,600 in support being provided in 2004 and $7,600 being provided in 2005. Thus, there is an impact on the 2005 Budget as well. There are sufficient funds budgeted ($27,600) and available ($7,600) in the Riverboat Fund, account number 275-0000-791.80-40 to enter into this agreement. \ jPv4I1EGAL IMPACT None. ALTERNATIVES 1. Approve the Purchase of Service Agreement with Children's Theatre of Elgin. 2. Modify the provisions of the Purchase of Service Agreement. 3. Reject the Purchase of Service Agreement. Respectfully submitted for Council consideration. SRS/WCF Attachments