HomeMy WebLinkAbout05-258 Resolution No.05-258
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH
THE CHILDREN'S THEATRE OF ELGIN/FOX VALLEY YOUTH THEATRE CO.
(The Wizard of Oz and Sleeping Beauty)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,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 Wizard of Oz
and Sleeping Beauty, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 24, 2005
Adopted: August 24, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Purchase of Service Agreement with CTE
August 5, 2005
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PURCHASE OF SERVICE AGREEMENT
Children's Theatre of Elgin
Fall 2005 and Spring 2006 Productions
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THIS AGREEMENT is made and entered into this 27 day of gi./, , 2005, by and
between the City of Elgin, Illinois, a municipal corporation (hereinafter referr d 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
"Wizard of OZ" on October 20, 21, 22, and 23, 2005; and "Sleeping Beauty" on April 6, 7, 8,
and 9,2006; 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.
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August 5, 2005
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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: "Wizard of OZ" on October 20, 21, 22, and
23, 2005; and "Sleeping Beauty" on April 6, 7, 8, and 9, 2006 (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 use of the Hemmens Cultural Center on the
dates for the productions described herein, in a form substantively similar to the lease
form agreement attached hereto and made a part hereof as Attachment "A". The parties
hereto shall execute such leases no later than 30 days prior to the first scheduled audition
for each production. The rental amounts for each lease shall be determined pursuant to
the requested services and materials at the rates established and set forth in City of Elgin
Resolution No. 04-323, a copy of which is attached hereto and made a part hereof as
Attachment "B".
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. 04-
323. 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 employees, agents, officers, 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, 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 aii indemnify, defend and hold harmless
Children's Theatre, its employees, agents, officers, 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, including, but not limited to attorney's fees, arising out of
or in connection with •--= negligent performance of the terms of this
agreement including, but not c mited to the negligent actions of its employees. In the
E C rr 1's
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Purchase of Service Agreement with CTE
August 5, 2005
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event the indemnification provisions of this paragraph are invoked for any reason,
counsel for City shall be of City's choosing. 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
Hemmens Cultural Center Lease Agreement. That in the event of any conflict between
the terms of this Purchase of Service Agreement and the terms of the Lease Agreement,
the terms of this Purchase of Service Agreement shall control.
8. That within (60) 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 for the
productions described herein. 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.
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August 5, 2005
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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 the Lease Agreement.
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, such 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 to the Hemmens Cultural Center Supervisor a
report of each Production including the following information within thirty (30) days
after the final performance for each Production:
A. total number of minors participating in Productions,
B. number of scholarships or financial assistance provided, included equivalent financial
value of such assistance,
C. total number of minors participating who reside Elgin, and
D. description of outreach methods.
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August 5, 2005
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21. Children's Theatre of Elgin shall provide to the Hemmens' Cultural Center Supervisor
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 to the Hemmens' Cultural Center Supervisor a
financial statement of the organization's total operations. This statement shall be
submitted on or before January 31 of each calendar year covered by this agreement.
23. The fiscal year of the City is the twelve month period ending December 31. The
obligations of the City under any agreement for any fiscal year are subject to and
contingent upon the appropriation by the City Council of the City of funds sufficient to
discharge the obligations which accrue in that fiscal year and authorization to spend such
funds for the purposes of the agreement. If, for any fiscal year during the term of this
agreement, sufficient funds for the discharge of the City's obligations under the
agreement are not appropriated and authorized by the City Council of the City, then this
agreement shall terminate on the last day of the preceding year, or when such
appropriated and authorized funds are exhausted, whichever is later, without liability to
the City of any kind including, without limitation, damages, penalties or other charges on
account of such termination.
24. 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.
25. 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.
26. 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.
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August 5, 2005
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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
By � � B
Olufem i o .�: er Alkemann
City .na:er President
Attest:
P4CA-47--- /21.32-C-444---
City Clerk
Purchase of Service Agreement with CTE
August 5, 2005
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ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
THE HEMMENS CULTURAL CENTER
Elgin,Illinois
Lease Agreement
This lease agreement is hereby made and entered into this_day of by and between the City of Elgin,Illinois,a
municipal corporation(hereinafter referred to as"Lessor"),and_,a_,(hereinafter referred to as"Lessee").
For and in consideration of the mutual promises and covenants contained herein,the sufficiency of which are hereby
acknowledged,the parties hereto agree as follows:
1. PREMISES
A) Lessor agrees to lease to Lessee that portion of The Hemmens Cultural Center building located at the Elgin
Civic Center Plaza,Elgin,Illinois described as follows:
LOCATION EVENT DATE FROM TO HOURS @ RATE RENTAL
PLEASE NOTE: Every effort will be made to schedule Auxiliary Officers. However, if they are unavailable,
Elgin Police Officers will be scheduled at their current rate.
B) The facility is reserved for use by Lessee for the times and areas listed on the face of this Contract.
Permission for the Lessee to use the facility beyond the times listed,for whatever reason,is neither
expressed nor implied in this Contract.
i) Rental of the Theatre includes: Stage,Auditorium,Dressing Rooms/Rehearsal Room,Lobby,Coat
Check,Will Call,Loading Dock and public restrooms.
ii) Rental of the Lobby includes:Lobby,Coat Check,Will Call,Loading Dock and public restrooms.
iii) Rental of the Exhibition Hall includes:Exhibition Hall,Kitchen,Loading Dock and public
restrooms.
iv) Rental of the Entire Building includes: Stage,Auditorium,Dressing Rooms/Rehearsal Room,
Lobby,Coat Check,Will Call,Exhibition Hall,Kitchen,Loading Dock and public restrooms.
C) At no time shall Lessee be granted access to the Box Office,Main Office,private offices,Sound
Equipment Room,mechanical/storage areas or any area not normally associated with public events.
D) The decision to extend the usage time and/or area is solely at the discretion of Lessor.
E) Rentals set forth herein are estimates only and actual rentals may be greater based upon the actual services
rendered and the rates in effect on the date of the event as established by the City Council.The Lessee shall
occupy and use said premises for stated purposes and no other.
Deposit:
Insurance:
Tickets:
Concessionaire:
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August 5, 2005
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ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
2. RENTAL
Lessee shall pay rent as provided herein.Rents shall include charges for building usage,equipment and
services at rates set forth on Pages 1,6 and7 which are attached hereto and made a part hereof.Rents shall
be estimated at the time this agreement is executed(estimated rentals)but may increase based upon actual
use as provided herein(additional charges).
3. DEPOSIT
A) Lessee shall pay a deposit of$100.00 per day within 15 days of booking of the event or forfeit the date.
This deposit shall not be credited towards estimated rental,but shall be credited against any additional
charges beyond the estimated rental or refunded.If the event is cancelled,such deposit shall be refunded
only if cancellation of any date or dates occurs no less than 180 days prior to the event.
B) The total estimated rental,based upon anticipated usage at rates set forth on Pages 1,6 and 7,is This
amount shall be paid by Lessee not less than 30 days prior to the opening date of the event unless otherwise
expressly authorized by Lessor in writing. Failure to make such payment shall result in cancellation of
Lessee's event.
4. FEES
A) The Lessee also shall pay Lessor,on demand and at rates set forth on Page E-1,such additional charges as
may become due on account of additional facilities,equipment,material or services furnished by the Lessor
at the request of the Lessee or Lessee's designated representative,or necessitated by the Lessee's
occupancy hereinunder the compensation for which is not included in the rent or rents specified above(See
Pages 1,6 and 7 for facility,services and equipment charges).
B) Such additional services,equipment or facilities include,but are not limited to,labor required for Lessee's
use of facilities,such as stage hands,stage manager or senior technician,ticket takers,security guards,and
service charge(if used)for special equipment required in setting up,operation and striking of event. The
following designated representatives of Lessee may request such additional services and or equipment,and
such requests shall be deemed the request of the Lessee:
C) Lessor may also require Lessee to obtain and pay for additional facilities,equipment and services which,in
the sole opinion of Lessor,are necessary for the safe,orderly or efficient conduct of the event.Lessee shall
be liable for the payment of any additional facility,equipment or service requested by any employee,agent,
contractor,assign or sublessee of Lessee.
5. FINAL PAYMENT
A) All additional charges shall be paid by cash,money order or certified check payable to the Lessor,within
30 days of billing,unless otherwise expressly authorized in writing by the Lessor. A charge of 1%per
month will be assessed on all accounts not paid within 30 days.
B) Lessee warrants and represents that neither it,nor any of its agents or employees on its behalf,either
through Lessee's current name or through any other designation,have incurred any outstanding unpaid debt
to Lessor. Lessor may deny the use of any facilities to Lessee until any such debt has been satisfied,and
shall retain any funds paid by Lessee to Lessor pursuant to this or any other agreement,toward the
satisfaction of any such debt.
6. CANCELLATION
A) Lessee may cancel this agreement by serving written notice on Lessor not less than 180 days prior to the
leased date(s)in which case the Lessor shall refund Lessee's booking deposit.
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August 5, 2005
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ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
B) In the event Lessee cancels any date or dates less than 180 days prior to the leased date(s)Lessee's deposit
shall be forfeited.
C) If any event must be cancelled due to inclement weather,upon written agreement of the parties through
their designated representative,Lessee shall be charged only for rehearsal and set-up time as well as labor
actually utilized based upon the then current fees for such times as established by the City Council of the
Lessor.
7. INSURANCE—INDEMNITY
A) andpGnse-ar=isktg out-of-a-14y
liability, i d h * t ;ted to asnable or habilit=y for injury or
,
or by any act or omiocien of L0000e-er any of ito offieera,agonto,empleyeea, gueato,patrono,or invit000,
,
B) Not less than 30 days prior to event,Lessee shall provide general liability claims for personal injury and
property damage at the premises described herein,naming Lessor as an additional insured party,with limits
of not less than$1,000,000 per occurrence and$1,000,000 in the aggregate. Such certificate shall provide
that it may not be terminated without ten(10)days written notice to the Lessor. Failure to submit such
•
certificate by the deadline defined on Page 1 of this Contract shall result in cancellation of Lessee's event.
C) The holder of such certificate shall be the same entity as the Lessee signing this Contract. Any deviation
will render the certificate invalid.
D) Under no circumstances shall Lessee,Lessee's representative,public or any other person involved with the
event,directly or indirectly,be allowed to occupy the facility until all of the insurance requirements set
forth above are met.
8. ADMISSIONS SURCHARGE
A) A twenty-five cent per admission surcharge shall be collected from every person who pays an admission
charge to any event at The Hemmens. This surcharge shall be exclusive of any other applicable State or
Federal surcharges and shall be collected at the time the Lessee collects the admission charge.The Lessee
shall be acting as trustee for and on account of the Lessor and shall pay over to the Finance Director of the
Lessor the surcharge under procedures prescribed by said Finance Director.
B) The Lessee agrees to inform the Lessor whether or not an admission fee shall be charged for the event. If
Lessee fails to inform Lessor to the contrary,it will be assumed that an admission fee will be charged and
Lessee will be billed accordingly.
C) The Lessee of The Hemmens for any event subject to use admissions surcharge shall file surcharge returns
showing surcharge receipts received on forms prescribed by the Finance Director.The returns shall be due
on or before the seventh day of the month following the use of The Hemmens.
D) The Lessee agrees to inform Lessor of the total paid attendance at the event within three business days of
the conclusion of the event. If Lessee fails to inform Lessor of the total paid attendance,the Admissions
Surcharge shall be based on a per event attendance of 1,200 paid admissions for the Theatre and 2,000 paid
admissions for the Exhibition Hall and/or Entire Building.
9. LESSEE'S REPRESENTATIVE
A) The Lessee shall be present,or have a representative authorized to make decisions on behalf of Lessee,as
described in Section 4,paragraph B of this contract,present at The Hemmens Cultural Center during all
times the facility is in use by Lessee.
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ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
B) The Lessee shall identify any and all additional representatives not listed in Section 4,paragraph B
authorized to make decisions on behalf of Lessee not less than seven days prior to the event.
C) If Lessee fails to identify authorized representative(s),the person whose name appears on the signature
page of this contract shall be the only person authorized to make requests of Hemmens staff regarding,but
not limited to,the following: staffing,equipment and facility access.
D) In the absence of Lessee or an authorized representative,access to The Hemmens Cultural Center shall be
denied to all other persons associated with the event,including the paying public. In such event,Lessee
shall hold harmless and indemnify Lessor from and against any and all liability of whatsoever nature,
including but not limited to attomey's fees,arising out of or in connection with such denial of access.
10. EQUIPMENT RECEIVING AND STORAGE
A) Arrangements for delivery of equipment or supplies for Lessee's event shall be made with The Hemmens'
Cultural Center Supervisor no less than five business days prior to the event. Such effects shall include,but
are not limited to,scenery,props,programs and concessions. Deliveries on behalf of the Lessee shall be
accepted at the Lessee's risk,and The Hemmens in no way assumes any responsibility whatsoever for such
effects.
B) Lessee shall be charged for storage of effects at the rate of$ 100.00 per day equipment remains on
premises beyond dates of contracted rental unless expressly authorized in writing by Lessor.
C) The Lessor reserves the right to remove from the building all effects remaining in the building after the
scheduled Lessee move-out time and the right to store those items wherever it sees fit,in the name of The
Hemmens or in the name of the Lessee,but at the cost,expense and risk of the Lessee.The Lessor and its
staff shall not be liable in any way for removing and storing,or for damages to,any such effects.
11. CONCESSIONS
A) Lessee shall inform Lessor if concessions will be sold during Lessee's event and types of items offered for
sale.
B) Lessee shall enforce the restriction of food and beverage items in the Theatre. If Lessor determines that
Lessee is not properly enforcing this restriction to Lessor's standards,Lessor reserves the right to either
hire ushers at Lessee's expense or terminate the sale of concessions.
C) Lessor shall pay any and all cleaning charges associated with the sale of concessions. These charges will
be in addition to what is considered by Lessor to be standard cleaning.
D) Lessor reserves the right to prohibit the sale of certain items.
E) Lessor reserves the right to restrict sale of concessions to specific areas within The Hemmens.
F) Lessee bears sole responsibility for the payment of any and all applicable taxes.
12. ADVERTISING
A) Lessee agrees that all advertising of the event will be true and accurate.
B) Lessee agrees that all news releases,publicity materials,media announcements of any kind,printed or
electronic,or other such public notices issued shall refer to the venue only by the name"The Hemmens
Cultural Center". Lessee further agrees to provide copies of any such materials to Lessor for Lessor's
approval prior to the public dissemination of such information.
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August 5, 2005
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ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
13. TERMS OF OCCUPANCY
A) Lessee shall use and occupy said premises in a safe and careful manner and shall comply with all
municipal,state,and federal laws and rules and regulations pertaining to The Hemmens Cultural Center
and all other rules and regulations prescribed by the Fire and Police Departments and other governmental
authorities,as may be in force and effect during the tenancy. Lessee shall not do any act or suffer any act to
be done during the term of this rental agreement which will in any way mar,deface,alter or injure any part
of said Cultural Center.
B) In case said premises or any part thereof shall be destroyed or damaged by fire or any other cause,or if any
other casualty,strike or other unforeseen occurrence not within Lessor's control,shall render the fulfillment
of this lease by Lessor impossible,then and thereupon this lease shall terminate and Lessee shall pay rental
for said premises only up to the time of such termination of the rate herein specified,and Lessee hereby
waives any claim for damage or compensation should this lease be so terminated.
C) Lessee agrees that Lessor may,with or without cause,terminate this entire agreement at any time prior to
the payment of Lessee in full of the agreed rent. Unless such termination is on account of breach of or
default on the part of the Lessee,the amount of rental paid by Lessee shall be prorated to the date of such
termination.
D) No more than 1,200 tickets or passes shall be issued per performance in the Theatre unless expressly
authorized by Lessor in writing.Failure to comply with this regulation will result in immediate cancellation
of the event and/or a penalty to be paid by Lessee equal to 200%of the price of each ticket sold,given,or
transferred in excess of 1,200,or$25.00 per such tickets,whichever is higher.
E) Lessee accepts the building,its furnishings,fixtures,and equipment in their present condition and state of
repair and agrees that upon the end of the term of which the building has been rented it will be vacated and
surrendered up to Lessor in the same condition it is now in.All repairs,replacements and clean-up required
to return the building and its furnishings,fixtures and equipment to its present condition shall be at the
expense of the Lessee.
F) Lessee shall provide proof in writing not less than 30 days prior to performance that all applicable license
and royalty fees have been paid by Lessee.Failure to provide such proof shall be construed as a material
breach of this agreement and may result in cancellation of this agreement at Lessor's sole discretion. In the
event of any such cancellation pursuant to this subparagraph,Lessor shall retain any payments made by
Lessee. Retention by Lessor of such payments shall not constitute a waiver of any and all rights to which
Lessor may otherwise be entitled by law.
G) Lessee shall assume all costs arising from the use of patented,trademarked,franchised or copyrighted
music,materials,devices,processes or dramatic rights used or incorporated in the event. Lessee shall
indemnify,defend and hold harmless the City of Elgin,The Hemmens Cultural Center,its officers
employees and agents from any and all damages and/or costs,including legal fees,which may arise out of
or from claims of copyright infringement. Lessee warrants and represents that all applicable royalty,
copyright and license fees have been paid by Lessee.
H) Alcoholic beverages are prohibited except as arranged for through the Lessor's approved concessionaire.
I) Lessee may not sublease the building or any part thereof without express written permission of the Lessor.
J) Every provision of this contract shall be severable. If any term or provision is illegal,unconstitutional or
otherwise invalid or unenforceable,such illegality or invalidity shall not affect the legality or validity of the
remainder of this contract.
K) Lessor shall not be liable for delays or losses by the postal service of any country,any delivery/courier
service or failures by any other form of information transmission,electronic or otherwise.
L) This Contract in no way constitutes partnership of any kind between Lessor and Lessee.
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ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
M) Lessor believes,to the best of its knowledge,that it is in compliance with the Americans with Disabilities
Act(ADA)of 1990,with respect to permanent access accommodations. Lessee agrees that Lessee is
responsible for non-permanent accessibility requirement,including,but not limited to,seating accessibility,
auxiliary aids for the visually,hearing and mobility challenged. Lessee agrees to hold Lessor harmless and
defend Lessor from any and all claims or damages resulting from Lessee's actions or those of its exhibitors,
contractors,agents,or actions of invitees which cause Lessor to be out of compliance with ADA.
N) The terms of this contract shall be governed by the laws of the State of Illinois. Venue for the enforcement
of any rights and the resolution of any disputes arising out of or in connection with this agreement shall be
in the Circuit Court of Kane County,Illinois. Lessee expressly consents to be subject to personal
jurisdiction in all courts in the State of Illinois.
0) This contract shall not be binding on the parties until signed by the Assistant City Manager of the City of
Elgin,Illinois.
In Witness whereof,the Lessor,by its representative,and Lessee have executed this agreement on the_day of_.
LESSOR
By:
Randel Reopelle,Parks&Recreation Director
LESSEE
I understand and agree to all terms and conditions of this contract.I also understand that all times and charges listed
in this contract are estimated amounts only,and that rates in effect at the time of the execution of this contract shall
be charged.
Lessee
By
Signature
Title
Address
City, State,Zip
Phone(Bus.) (Res.)
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August 5, 2005
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ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
The Hemmens Cultural Center
Equipment List
2005
Equipment Rates Quantity Cost
1. Acoustical Reflectors(Floor,per unit) $ 9.50
2. Acoustical Reflectors(Hanging,per set) $ 13.50
3. Chairs,Metal Folding $ .80
4. Chairs, Padded $ 1.50
5. Tables, Rectangle $ 4.50
6. Tables,Round $ 5.00
7. Table Skirt $ 4.50
8. ROSCO Dance Floor $ 105.00
9. Electric Truck(per day) $ 33.50
10. Mics or Direct Box(one N/C) $ 20.50
11. Wireless Mic Surcharge,per day/per mic $ 5.00
12. Mirrorball $ 47.00
13. Blacklights $ 47.00
14. Fog Machines $ 54.00
15. Strobe Light $ 54.00
16. Movie Screen $ 20.50
17. Manhasset Music Stands $ .75
18. Music Stand Lights $ 1.50
19. Lectern/Podium $ 13.50
20. Orchestra Pit $ 70.00
21. Piano, 9' Steinway Concert Grand $ 130.00
22. Piano,Wurlitzer/Story&Clark Upright $ 75.00
23. Piano Tuning $ 120.00
24. Portable Sound System $ 54.00
25. Projector,LCD Video with VCR $ 47.00
26. Slide Projector $ 27.00
27. Band Risers 4'x8' (8", 16", 24", 32",40")each $ 6.50
28. Wenger Choral Risers(3 Section) $ 12.00
29. Wenger Choral Risers(4 Section) $ 16.00
30. Follow Spots,Zenon or Carbon-Arc $ 81.00
31. CD Player,Tape Player(Cassette, DAT,Reel) $ 36.50
32. Pipe&Drape (i.e., for quick change)per ft. $ 1.00
33. Backdrop(Scrim,Flag, etc.) $ 100.00
34. 100-Cup Coffee Urn(one N/C) $ 4.00
35. Pyrotechnical Effects,per effect (At sole discretion $ 6.00
of Cultural Center Supervisor)
36. VCR&Monitor $ 41.00
37. Wenger Portable Theatre Seating $ 2.50
Total:
Purchase of Service Agreement with CTE
August 5, 2005
Page 16
ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
The Hemmens Cultural Center
Labor Rates
Labor * 2005 Rates Number of Total
Hours
Technicians 25.75
Stage Manager or Senior Tech. 38.50
Custodians 25.75
Ushers 12.75
Box Office Staff 19.75
Auxiliary Officer** 18.00
Elgin Police Officer** 57.00
Total:
* Rates are per person per hour.
* Labor rates on observed Federal or City holidays s shall be 1 Y2 times the rates listed on
this page.
* Under normal use, clean up service is included in the base rental. However, at the
discretion of the building manager, sponsoring organizations will be assessed for
custodian labor when the building is left unusually messy or dirty.
* Senior Technician or Stage Manager will be required to call cues for Hemmens
Technicians for productions and to supervise a move-in/out.
** Every effort will be made to schedule Auxiliary Officers. However, if they are
unavailable, Elgin Police Officers will be scheduled.
** Officer rates are established by the Elgin Police Department and are subject to change.
Purchase of Service Agreement with CTE
August 5, 2005
Page 17
ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
GENERAL REGULATIONS
THE HEMMENS CULTURAL CENTER
1. Smoking is prohibited in The Hemmens Cultural Center.
2. All building equipment is to be operated by members of The Hemmens'technical staff
only.
3. Damage to the building or any building equipment incurred by the Lessee will be added
to the final bill.
4. Building Lessees shall restrict their activities to the section of the building rented. It is
also the responsibility of the Lessee to restrict patrons of their event to said areas.
5. All events, including performances and rehearsals, must be terminated at the time stated
on the contract.
6. No nails, spikes, screws, etc., are to be driven into the stage.
7. No open flame is allowed in any part of the building.
8. Food and Drink are not allowed in Theatre.
9. No taping or stapling to walls, doors or any other surface is permitted. Signs must be free
standing or held up by non-permanent, non-residue poster putty. Lessees shall ask
Hemmens' Staff for assistance. No object whatsoever may be attached to windows
regardless of method used.
10. All weapons used in any production must be cleared in advance by The Hemmens
Cultural Center Supervisor. All guns used in any stage production must be loaded and
unloaded by The Hemmens building technicians in charge. All guns firing blanks must
have plugged barrels, shotguns included.
11. Under existing city ordinance, alcoholic beverages are allowed in the building only when
served by The Hemmens authorized concessionaire. Such arrangements are to be made
through The Hemmens staff.
12. It is understood and agreed that the use of The Hemmens for the selling of merchandise,
or for the purpose of making sales of any nature, except the sale of admission tickets, is
prohibited except with the written permission of The Hemmens' staff.
13. The right to operate any concessions in the building is reserved by The Hemmens' staff.
14. The Lessee may not obstruct any portion of the sidewalks, entries, halls, vestibules,
emergency exits or any ways of access to public utilities in the building.
15. Lessee shall not bring, or permit anyone to bring, into the building anything that will
increase the fire hazard or rate of insurance of the building.
16. All Hemmens Lessees are required to comply with all the laws of the United States of
America, the State of Illinois, all ordinances of the City of Elgin and all rules and
regulations of the police and fire department or other municipal authorities of the City of
Elgin, including the serving of liquor to minors, consumption of liquor by minors, and
violation of any or rules of these laws, ordinances, by any atron of this event or staff.p
Purchase of Service Agreement with CTE
August 5, 2005
Page 18
ATTACHMENT A to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
17. It is the responsibility of the Lessee to obtain and pay for all necessary permits and
licenses required by his occupancy of use of The Hemmens Cultural Center.
18. Lessee must show proof that music to be performed is licensed or exempt.
19. Food and beverages must be handled in designated service areas only. Arrangements for
such area shall be made with The Hemmens staff prior to occupancy by Lessee.
20. Lessee shall advise participants of these rules. Participants should also be informed of
the correct rehearsal and performance time, location of the building, and place of
entrance.
21. The name signed on the contract is ultimately responsible for terms of the contract.
Variations from the contract cannot be made without Lessee's authority or Lessee's agent
(designated in writing only). Lessee is also responsible for any damage to the building or
its contents during occupancy.
22. All requests for deviation from these rules and regulations must be made in writing in
advance with The Hemmens' Front-of-House Supervisor.
23. Lessee shall abide by the regulations listed above. Failure of Lessee to actively enforce
these regulations may result in extra charges, legal action and/or cancellation of event.
Purchase of Service Agreement with CTE
August 5, 2005
Page 19
ATTACHMENT B to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
Resolution No. 04-323
RESOLUTION
ESTABLISHING FEES FOR THE USE OF THE HEMMENS CULTURAL CENTER
WHEREAS, the Office of the City Manager of the City of Elgin has recommended that
the fees and charges heretofore established for the use of the Hemmens Cultural Center be
revised; and
WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the
Office of the City Manager for the years 2005, 2006 and 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That from and after January 1, 2005 fees and charges for the use of the
Hemmens Cultural Center shall be in accordance with the following schedule:
I.Event Time 2005 2006 2007
Stage
Monday-Thursday per hour,three hour minimum $264 $280 $295
Friday-Sunday per hour,three hour minimum $301 $315 $330
(includes lobby,dressing&rehearsal rooms)
Second Performance,same day
Monday-Thursday $98 $105 $110
Friday-Sunday $125 $130 $136
Exhibition Hall
Monday-Thursday,per hour,three hour minimum $131 $140 $147
Friday-Sunday,per hour,three hour minimum $168 $175 $184
One half of Exhibit Hall: 50%full rate
Lobby
Monday-Thursday per hour,three hour minimum $247 $260 $273
Friday-Sunday per hour,three hour minimum $280 $295 $310
Entire Building
Monday-Thursday,per hour,three hour minimum $306 $320 $336
Friday-Sunday,per hour,three hour minimum $360 $380 $399
Purchase of Service Agreement with CTE
August 5, 2005
Page 20
ATTACHMENT B to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
H.Rehearsal&Move-In/Out Times(3 hour minimum,unless
consecutive to public event)
2005 2006 2007
Stage Per Hour
Monday-Thursday $ 54 $ 60 $ 63
Friday-Sunday $ 69 $75 $79
Friday-Sunday other than day of event $103 $110 $116
Exhibition Hall Per Hour
Monday-Thursday $44 $45 $47
Friday-Sunday $ 54 $ 60 $63
Friday-Sunday other than day of event $ 82 $ 85 $90
Entire Building Per Hour
Monday-Thursday $72 $ 75 $79
Friday-Sunday $91 $100 $105
Friday-Sunday other than day of event $135 $140 $147
III. Other Spaces
Rehearsal Room,Art Gallery,Green Room,(Non-Performance Use)Per Hour
Monday-Thursday $ 54 $ 60 $63
Friday-Sunday $ 70 $75 $79
Kitchen
(per day,change from equipment to
space rental) $ 50 $ 55 $ 58
(included with Exhibit Hall and Entire
Building rentals)
Equipment Storage per day $116 $125 $132
(for days not within contract period)
Equipment used for and personnel working the event shall be additional.
Individuals and organizations with not-for-profit status will receive a 35% discount off the base building
rental rate upon receipt of appropriate documentation.
Elgin resident individuals and organizations will receive a 25%discount off the base building rental rate.
Building rental rates on observed city and federal holidays are charged at one and a half times the base rate.
Contracts will not be written with more than two consecutive days of non-use.
Purchase of Service Agreement with CTE
August 5, 2005
Page 21
ATTACHMENT B to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
IV. 2005 -2008 Equipment Rates 2005 2006 2007
1. Acoustical Reflectors(floor per unit) $ 9.50 $ 9.50 $ 10.00
2. Acoustical Reflectors(hanging,per set) $ 13.50 $ 13.50 $ 14.00
3. Chairs,metal folding $ .80 $ .80 $ .80
4. Chairs,padded $ 1.50 $ 1.50 $ 1.50
5. Tables,rectangle $ 4.50 $ 4.50 $ 4.75
6. Tables,round(including cocktail tables) $ 5.00 $ 5.00 $ 5.25
7. ROSCO Dance Floor $105.00 $105.00 $110.00
8. Electric Truck,per hour/per day $ 33.50 $33.50 $35.00
9. Mies&Dl's(1 included with rental) $20.50 $20.50 $21.50
10. Wireless Mic Surcharge,per day $ 5.00 $ 5.00 $ 5.25
11. Mirrorball,Blacklights $47.00 $47.00 $49.50
12. Fog Machines, Strobe Lights $54.00 $ 54.00 $ 56.75
13. Movie Screen $20.50 $20.50 $21.50
14. Manhasset Music Stands $ .75 $ .75 $ .75
15. Music Stand Lights $ 1.50 $ 1.50 $ 1.75
16. Stage Lectern $ 13.50 $ 13.50 $ 14.25
17. Backstage Podium $ 0.00 0.00 $ 0.00
18. Orchestra Pit $70.00 $ 70.00 $73.50
19. Piano, Steinway $130.00 $130.00 $136.00
20. Piano,Upright $75.00 $75.00 $78.75
21. Piano,Tuning $120.00 $120.00 $126.00
22. Portable Sound System $ 54.00 $54.00 $ 56.75
23. Projector, 16mm sound,LCD video $47.00 $47.00 $49.50
24. Slide Projector $27.00 $27.00 $28.25
25. Band Risers $ 6.50 $ 6.50 $ 6.75
26. Choral Risers,per tier $ 4.00 $ 4.00 $ 4.25
27. Followspots $ 81.00 $ 81.00 $ 81.00
28. Table Skirts $ 4.50 $ 4.50 $ 4.75
29. Tape Recorders(analog,digital or
reel to reel,CD player) $36.50 $36.50 $38.25
30. Pipe and Drape(i.e.,for quick change
booths,per foot) $ 1.00 $ 1.00 $ 1.00
31. Hanging Flag, Scrim or Drops $100.00 $100.00 $105.00
32. 100 Cup Coffee Urns(one N/C) $ 4.00 $ 4.00 $ 4.25
33. Pyrotechnical Effects per Effect
(at.discretion of Tech Supervisor) $ 6.00 $ 6.00 $ 6.50
34. Armed Padded Chairs $ 2.50 $ 2.50 $ 2.75
35. VCR&Monitor $41.00 $41.00 $43.00
Note: The above equipment rates do not include the cost of the operation. Except where otherwise
indicated,the rates are on a per contract basis.
Under normal use, clean up service is included in the base rental. However, at the discretion of
the building manager, sponsoring organizations will be assessed for clean up service when the
building is left unusually messy or dirty.
•
•
•
Purchase of Service Agreement with CTE
August 5, 2005
Page 22
ATTACHMENT B to Children's Theatre of Elgin Purchase of Service Agreement 2005-2006
V.Labor Rates(per person per hour) 2005 2006 2007
Technicians $25.75 $27.00 $28.50
Senior Technicians $38.50 $40.50 $42.75
Stage Manager $38.50 $40.50 $42.75
Ushers $ 12.75 $ 13.50 $ 14.25
Box Office Ticketing Agents $ 19.75 $20.75 $22.00
Security Rates established by
Police Department
Labor rates for Hemmens personnel on observed city and federal holidays are charged at one and a half times
the regular rate. The Hemmens reserves the right to determine minimum crew call for event. The Hemmens
requires regularly scheduled breaks for crew calls exceeding 5 hours.
VI.Ticketing Services 2005 2006 2007
Event Set-Up $ 35.00 $35.00 $37.00
Labor Surcharge Per Ticket Printed $ .35 $ .35 $ .35
Credit card service fees charged to lessee events will be deducted from lessee gross sales.
s/Ed Schock
Ed Schock, Mayor
Presented: December 15, 2004
Adopted: December 15, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
•
• q'(OF E� 0
PS ��" Agenda Item No.
City of Elgin
o
AITEDFF E
Lttl
August 5, 2005 G
._\
TO: Mayor and Members of the City Council
RECREATIONAL LEISURE.
ANr>01111./RAI..OPPoRT1./N MPS
FOR AL..I CITIT.PNS
FROM: Olufemi Folarin, City Manager
Randy Reopelle, Parks & Recreation Director
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 8 and 16. Children are encouraged to participate as cast or crew members as
well as workshop participants. During the 2004-2005 performance season 174 children
participated in the productions presented at The Hemmens Cultural Center with approximately
55% of the participants being Elgin residents.
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 2004-2005 Performance
Season, complimentary tickets were provided to the Larkin Center, Boys and Girls Club, YWCA
Preschool Program, U-46, Embrace the Children, and the Community Crisis Center. In total,
nearly 150 complimentary tickets were provided.
•
Purchase of Service Agreement with CTE
August 5, 2005
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Children's Theatre of Elgin.
ØVfiJINANCIAL
IMPACT
The cost of the proposed Purchase of Service Agreement with Children's Theatre of Elgin will
total $15,200, with $7,600 in support being provided in 2005 and $7,600 being provided in 2006.
There are sufficient funds budgeted ($27,600) and available ($7,600) in the Riverboat Fund,
account number 275-0000-791.80-40 to make the initial payment. The final payment would
need to be addressed as part of the 2006 budgeting process.
Awyl)EGAL 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.
RR
Attachments