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HomeMy WebLinkAbout98-236 Resolution No. 98-236 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE CHILDREN' S THEATRE OF ELGIN (Winnie the Pooh Show) 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 Purchase of Service Agreement on behalf of the City of Elgin with the Children' s Theatre of Elgin for the production of the Winnie the Pooh Show at the Hemmens Cultural Center, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: September 23, 1998 Adopted: September 23, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ' PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT made and entered into this ?S,tI day of September, 1998 , by and between the City of Elgin, Illinois, an Illinois municipal corporation, (hereinafter referred to as the "City" ) and the Children' s Theatre of Elgin, an Illinois not-for-profit corporation, (hereinafter referred to as the "Children' s Theatre" ) WITNESSETH: WHEREAS, the Children' s Theatre has proposed to conduct a Winnie the Pooh show production in the Hemmens Cultural Center on October 29 , 30 and 31, 1998; and WHEREAS, the Children' s Theatre has requested that the City share the cost of the subject production by absorbing the Hemmens Cultural Center rental charges and in-house equipment charges in an amount not to exceed $6 , 500. 00 with the Children' s Theatre to pay to the City all labor charges and rental equipment from outside sources and any other related charges required for the production; and WHEREAS, the City has determined that the proposed show production 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 area; 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 show production with the Children' s Theatre in accordance with the terms and conditions of this Purchase of Service Agreement; and WHEREAS, the City of Elgin 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 any function pertaining to its government and affairs; and WHEREAS, a cost sharing of the subject show production and promoting further interest in the City' s Center City area pertains to the government and affairs of the City of Elgin. 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 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 Winnie the Pooh Show at the Hemmens Cultural Center on October 29 , 30 and 31, 1998 . ' I 1 3 . That concurrently with the execution of this Purchase of Service Agreement the parties agree to enter into the Lease Agreement for the Hemmens Cultural Center providing for the lease of the Hemmens Cultural Center to the Children' s Theatre all as set forth in Exhibit 1 hereto. 4 . That in conjunction with the subject Winnie the Pooh shows the City agrees to absorb a portion of the costs of Hemmens Cultural Center rent and in-house equipment charges in the amount of $6, 500 . 00 . The Children' s Theatre shall pay to the City all other charges for the shows as provided for in the lease agreement in Exhibit 1 hereto. The City agreeing to absorb a portion of the costs for the Hemmens Cultural Center rent and in-house equipment charges in the amount of $6,500 . 00 shall be the sole and only contribution to the cost for the subject shows by the City. 5 . That notwithstanding the City' s agreement to absorb certain costs the show production as provided herein, the parties hereto understand and agree that the Children' s Theatre shall be solely responsible for conducting the shows . Additionally, the Children' s Theatre shall be strictly liable for the acts of its agents, volunteers, officers and employees of the Children's Theatre to the fullest extent permitted by law, shall indemnify and hold harmless the City, its officers, agents and employees, from any claims, suits, or liability whatsoever including, but not limited to, any court costs or reasonable attorney's fees arising out of or in any way connected with the subject shows or any acts or omissions of the Children' s Theatre, its agents, volunteers, officers or employees . 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 . 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 . IN WITNESS WHEREOF, the parties 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 C�� By 4b cecA. Parker Brian Ke rney City Manager Its Preside Attest: -44414-t^-4-7 City Clerk -2- • • THE HEHNEENS CULTURAL CENTER Elgin, Illinois LEASE AGREEMENT This lease agreement is hereby made and entered into this Twenty-seventh day of August, 1998 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "Lessor") , and the Children's Theatre of Elgin, a Not-for-Profit Corporation, (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 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 UNITS @ RATE RENTAL See Attached Rider and Exhibits A and B Estimated Building Rental Charges and Equipment $ 6,539.50 Discount for Not-for-Profit Organizations (-35%) $ n/a Total Estimated Building Charges and Equipment $ 6,539.50 Total Estimated Labor Charges $ 6,561.80 Total Estimated Charges $13,101.30 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: Due Immediately Insurance: Due Immediately Tickets: Yes Concessionaire: N/A EXHIBIT 1 IL • 2 . ' RENTAL Lessee shall pay rent as provided herein. Rents shall include charges for building usage, equipment and services at rates set forth on Page E-1 which is 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 within 30 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 Page E-1, is $13,101.30 (waived amount not to exceed $6,500.00) . 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 necessitated by the Lessee's occupancy hereinunder the compensation for which is not included in the rent or rents specified above (See Page E-1 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: Brian Kearney or Greg Cherry 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 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. 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 $100.00 booking deposit. B) In the event Lessee cancels any date or dates less than 180 days prior to the leased date(s) Lessee' s $100.00 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) Lessee shall indemnify and save harmless the Lessor from all loss, cost and expense arising out of any liability, including but not limited to reasonable attorney's fees, or claim of liability for injury or damages to persons or property sustained or claimed to have been sustained by anyone whomsoever, by reason of the operation, use or occupation of the facilities hereinabove described, whether such use is authorized or not, or by any act or omission of Lessee or any of its officers, agents, employees, guests, patrons, or invitees, and Lessee shall pay for any and all damage to the property of Lessor, or loss of theft of such property, done or caused by such person. 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. 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 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. 9. 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 premise 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 auditorium. 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) A minimum of 25 tickets must be available for sale by the Lessor at least 30 days prior to the event. F) 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. _ G) Lessee shall provide proof 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. H) Lessee warrants and represents that all applicable royalty, copyright and license fees have been paid by Lessee. I) Alcoholic beverages are prohibited except as arranged for through the Lessor' s approved concessionaire. J) All ordinances of the CITY OF ELGIN, the attached HEMMENS CULTURAL CENTER GENERAL REGULATIONS, Rules for Fire Safety, Terms and Conditions, are incorporated herein and made a part of reference. Lessee agrees to abide by and follow all rules, regulations, and procedures incorporated with this agreement. K) Lessee may not sublease the building or any part thereof without express written permission of the Lessor. In Witness whereof, the Lessor, b its representative, and Lessee have executed this agreement on the ,R.S 4'. day of ?% . LESSOR By:' d a 0. �•�-�� J e Parker, City Manager 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 Children' s Theatre of Elgin By Brian Kearney Signature Title President • Address 1700 Spartan Drive City, State, Zip Elgin, Illinois 60123 Phone (Bus. ) 847-697-1000 x7152 (Res. )630-830-7433 RIDER THIS RIDER, attached to and made a part of the Agreement made on August 27, 1998, by and between THE CHILDREN'S THEATRE OF ELGIN (hereinafter called "LESSEE") and the CITY OF ELGIN (hereinafter called "LESSOR"), owner and operator of HEMMENS CULTURAL CENTER (hereinafter called"HEMMENS"). WITNESSETH: Tantal egii pm nt t'}largec!from m ^ ite cLa cni'rnnr) �*+� ^ y "'1-0 imme*Wetion it . 2. LESSOR shall have the right to change rehearsal times,dates and location,dependant on facility and other lessee requirements with the exception of Tech Week. LESSOR shall attempt to notify LESSEE within 48 hours of said changes. 3. LESSEE shall provide LESSOR one (1) copy of the script, "Winnie-the-Pooh" and one (1) copy of any educational materials developed for this production prior to auditions. LESSEE shall also provide LESSOR a copy of rehearsal schedule, noting any dates which LESSOR may release prior to first scheduled rehearsal. LESSEE shall also provide to HEMDIENS' Technical Supervisor a special equipment request prior to the first scheduled rehearsal, which details all special effects and/or equipment the production may require. 4. LESSOR shall provide all customary box office services, including ticket printing and ticket sale collection. Box office labor surcharge shall be calculated at $.30 per paid admission. This fee is in addition to the hourly event ticket agent cost. 5. LESSEE shall direct all aspects of the show, including but not limited to tryouts, rehearsals and performances in conjunction with the HEMMENS' Technical Supervisor. All City-owned equipment shall be operated by LESSOR'S employees unless otherwise agreed to in writing by HEMMENS' Technical Supervisor. 6. LESSEE hereby warrants and represents that all copyright, licensing and other fees, rights and licenses as may be required by law have been obtained. — 7. LESSEE shall provide to LESSOR not less than 30 days prior to event, a Certificate of Insurance for general liability claims for personal injury and property damage at the premises with limits of not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. Such certificate shall name the City of Elgin and Hemmens Cultural Center as an additional insureds. 8. 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. • 9. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 10. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this agreement shall be in the circuit court of Kane County, Illinois. 11. This agreement represents the sole agreement between the parties hereto. This agreement shall not be modified, altered or amended without the written consent of the parties hereto. No other oral agreements exist between the parties hereto. 12. The signatory to this agreement warrant and represent that they are authorized to execute this agreement on behalf of the parties hereto. 13. In the event LESSEE cancels this agreement for any reason less than 30 days prior to October 29, 1998, LESSOR shall be entitled to retain any and all payments made by LESSEE. Retention of such payments shall not constitute a waiver of any rights which may otherwise be available to LESSOR by law. AGREED AND ACCEPTED: CITY OF ELGIN Children's Theatre of Elgin B BY ,,c.-6_ 1•\ / Joyc ark , City Manager rian Kearney DATE — Z S—��' DATE T' ( ,Q S f Time Out Time Event • Date j Code I In Time Show 10/29/98 CTE 7:30:00 AM 9:30:00 AM 3:00:00 PM Show-Winnie-the-Pooh • 10/29/98 CTE 7:30:00 AM 12:00:00 PM 3:30:00 PM Show-Winnie-the-Pooh 10/30/98 CTE 7:30:00 AM 9:30:00 AM 3:30:00 PM Show-Winnie-the-Pooh 10/30/98 CTE 7:30:00 AM 12:00:00 PM 3:30:00 PM Show-Winnie-the-Pooh 10/30/98 CTE 5:30:00 PM 7:30:00 PM 11:00:00 PM Show-VVinnie-the-Pooh 10/31/98 C 11:00:00 AM 1:00:00 PM 6 00 00 PM Show-N nnie-the-Pooh/Strike E:chibic 3 � Date Code In Time I Out Time (I Event I• Childrens'Theat 9/8/98 CTE5:00:00 PM 10:00:00 PM I Auditions Childrens'Theat 9/9/98 CTE 5:00:00 PM 10:00:00 PM Auditions Childrens' Theat 9/10/98 CTE 5:00:00 PM 10:00:00 PM Call Backs Childrens' Theat 9/14/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens'Theat 9/15/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 9/16/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 9/17/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 9/21/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 9/22/98 CTE 6:00:00 PM 9:00:00 PM REHREH Childrens'Theat 9/23/98 CTE 6:00:00 PM 9:00:00 PM Childrens'Theat 9/24/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 9/28/98 CTE 6:00:00 PM 9:00:00 PM. REH Childrens' Theat 9/29/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 9/30/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens'Theat 10/1/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 10/5/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 10/6/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens'Theat 10/7/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens'Theat 10/8/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 10/12/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 10/13/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 10/14/98 CTE 6:00:00 PM 9:00:00.PM REH Childrens' Theat 10/15/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens'Theat 10/21/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 10/22/98 CTE 6:00:00 PM 9:00:00 PM REH Childrens' Theat 10/25/98 CTE 8:00:00 PM 12:00:00 AM Load-in 10/26/98 CTE 8:00:00 AM 10:00:00 PM REH/TECH WEEK Childrens' Theat Childrens' Theat 10/27/98 CTE 8:00:00 AM 10:00:00 PM REH/TECH WEEK Childrens' Theat 10/28/98 CTE 8:00:00 AM 10:00:00 PMREH/TECH WEEK GENERAL REGULATIONS THE HEMMENS CULTURAL CENTER 1. Smoking is prohibited on stage, backstage and in the auditorium. 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 should 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. All weapons used in any production must be cleared in advance by The Hemmens Cultural Center Manager. 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. 9. The Hemmens staff 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 Hemmens and/or Hemmens' staff shall not be liable in any way for removing and storing any such effects. 10. Deliveries on behalf of the Lessee will be accepted at the Lessee's risk, and The Hemmens in no way assumes any responsibility whatsoever for such effects. 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, or vestibules, 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 of these laws, ordinances, or rules by any patron of this event or staff. 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. We strongly recommend that the participants in your event are advised 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 Cultural Center Manager. . 'CI F 4411 ``• / 1, City of Elgin Agenda Item No. C� ^ 'Rd TEDFE0+ September 4 , 1998 TO : Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Purchase of Service Agreement with Children' s Theatre of Elgin PURPOSE The purpose of this memorandum is to provide the Mayor and Members of the City Counci l with information consider entering into a Purchase of Service Agreement with the Children' s Theatre of Elgin for use of The Hemmens for the production of "Winnie the Pooh" , October 29-31, 1998 . A total of six performances are scheduled, four school matinees on October 29 and 30 , a Friday evening performance on October 30 , and a Saturday matinee on October 31 . BACKGROUND Children' s Theatre of Elgin' s, (a not-for-profit corporation) , 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, without regard to race, creed or national origin. The Purchase of Service Agreement would provide that the Children' s Theatre of Elgin pay all charges associated with the production, including, but not limited to, labor charges . The City will absorb a portion of the cost of building rental and in-house equipment charges in the amount of $6, 500 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Children' s Theatre of Elgin Purchase of Service Agreement September 4 , 1998 Page 2 FINANCIAL IMPACT The estimated cost to The Hemmens associated with the produc- tion, not including the box office labor surcharge, is $13 , 101 . 30 . Under the Purchase of Service Agreement, the Children' s Theatre of Elgin would be responsible for a payment to The Hemmens of costs associated with the production, excluding building rent and in-house equipment charges in the amount of $6 , 500 . LEGAL IMPACT None . ALTERNATIVES 1) Approve the Purchase of Service Agreement with the Children ' s Theatre of Elgin. 2) Reject the Purchase of Service Agreement with Children' s Theatre of Elgin. RECOMMENDATION The recommendation is to enter into a Purchase of Service Agreement with the Children' s Theatre of Elgin for the produc- tion of "Winnie the Pooh" , October 29-31, 1998 . Re,s ectfully submitted, L__ - ..c_. . r244—_____-- Jo e Parker Ci y Manager KSF Attachment