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00-179 Resolution No. 00-179 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT COST SHARING AGREEMENT WITH THE TALISMAN THEATRE (Shakespeare in the Park) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Talisman Theatre for a Shakespeare play to be held on August 3 , 4, 5, 6, 10, 11 and 12 , 2000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 26, 2000 Adopted: July 26 , 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • SPECIAL EVENT COST SHARING AGREEMENT • THIS AGREEMENT made and entered into this :-1/14I._ day of 2000 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and TALISMAN THEATRE, an Illinois not-for-profit corporation (hereinafter referred to as "Talisman Theatre" ) WITNESSETH WHEREAS, Talisman Theatre, is an Illinois not-for-profit corporation located in Elgin, Kane, County, Illinois; and WHEREAS, Talisman Theatre has proposed a special event in the form of a Shakespeare Play for August, 2000, to be conducted at the Wing Park Bandshell (hereinafter referred to as the "Subject Special Event" ) ; and WHEREAS, Elgin Municipal Code Section 13 . 25 . 020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies; and WHEREAS, Talisman Theatre has requested that the City cosponsor the subject special event; and WHEREAS, the City has determined that the Subject Special Event will attract additional interest in the Elgin area and will assist in promoting further quality programs for the City of Elgin; and WHEREAS, the City Council has further determined that it is in the best interests of the City to share in the (1) , costs of the Subject Special Event with Talisman Theatre in accordance with the terms and conditions of this cost sharing agreement; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII Section 6a of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs . NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 . That the City and Talisman Theatre agree to share the cost of the Shakespeare Play on August 3 , 4, 5 & 6 and August 10 , 11 & 12 , 2000 . The Subject Special Event will be located at the Wing Park Bandshell and shall be conducted between the hours of 8 : 00 p.m. and 11 : 00 p.m. on August 3 , 4, 5 & 6 and August 10, 11 & 12 , 2000 . The City' s only cost for the subject special event shall be $2 , 660 to be applied to Police Security and Parks and Recreation services for the seven day event it being agreed and understood that Talisman Theatre shall be responsible and pay all other costs associated with the subject special event . Talisman Theatre shall pay to the City for secuirty purposes an amount deemed sufficient by the City of Elgin in the City' s sole discretion pursuant to the security plan referred to in paragraph 5 herein. (2) ,Talisman Theatre shall provide payment to City within thirty (30) days of written demand for payment by City. 3 . That Talisman Theatre shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13 . 25 . The City Manager shall provide all necessary signatures on the special event application to evidence the City' s co-sponsorship of the subject special event . Notwithstanding the City' s co-sponsorship of the subject special event, the parties hereto understand and agree that Talisman Theatre shall be solely responsible for conducting the subject special event and for all costs associated with the subject special event including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13 . 25 entitled "Special Events in Public Places" . Additionally, notwithstanding the City' s co-sponsorship of the subject special event, Talisman Theatre agrees that pursuant to this agreement and pursuant to the provisions of Elgin Municipal Code Section 13 . 25 . 090, that Talisman Theatre shall be strictly liable for the acts of its agents, volunteers, officers and employees and that Talisman Theatre to the fullest extent permitted by law shall indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from any claims, suits, judgments, costs, attorney' s fees, damages or other relief arising out of or in any way connected with the subject special event or any acts or omissions of Talisman Theatre, its agents, volunteers or employees . Nothing herein (3) 5 . That in conjunction with the special event permit application Talisman Theatre shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgement that any changes to the security plan must be submitted to the Chief of Police in writing five (5) business days before the event . Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons 21 years of age or older authorized to purchase and consume alcohol . The number of police officers and the duration of the special police detail for the special event shall be determined by the Chief of Police . The security plan in addition to including the requisate payment to the city for security shall also include Talisman Theatre providing at its sole cost one private security guard at the subject special event during non-performance hours and one Talisman representative available 24 hours a day during the weeks of July 27 through August 13 , 2000 . 6 . That the Talisman Theatre shall apply for and obtain, or cause to be applied for and obtained, a Class I liquor license. In the event the Talisman Theatre uses the (5) affects Talisman Theatre ' s duty to defend the City. In the event of any action against the City or its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City' s choosing. Talisman Theatre shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13 .25 . 070 naming the City as a primary, non-contributory coinsured with limits of not less than $500, 000 per occurence and excess coverage of not less than $5, 000 , 000 covering general liability including personal injury and property damage . This insurance shall apply as primary insurance with reespect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the • City. 4 . That in consideration of Talisman Theatre being solely responsible for conducting the Subject Special Event and for all costs associated with the Subject Special Event as provided herein, the parties understand and agree that Talisman Theatre shall be entitled to retain any income received from the subject special event . (4) services of a separate vendor as contemplated in Elgin Municipal Code Section 6 . 06 . 040L, such vendor shall actually conduct and be responsible for all liquor sales . The Talisman Theatre shall also provide, or cause to be provided by such vendor, and without cost to the City, the dram shop insurance required pursuant to Elgin Municipal Code Section 13 . 25 . 080 naming the City as a co-insured with limits of not less than $1, 000, 000 with such proof of insurance stating that is shall not be terminated or suspended without at least thirty (30) days prior written notice to the City. 7 . That Talisman Theatre at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event . Any entertainment and use of amplifiers shall be in compliance with all applicable regulations . 8 . That Talisman Theatre at its sole cost shall responsible for providing all toilets and other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. (6) 9 . The Talisman Theatre wishes that a not-for-profit art group known as "Art for All" be allowed to participate in this special event . Art for All ' s participation in this event will consist of the construction and maintenance of a large tented "gallery" on the grass area closet to the lower level parking lot wherein twelve artists will display various forms of art from 6-10 p.m. during each day of the special event . Talisman Theatre hereby assumes strict liability for the acts or omissions of all agents, representatives, employees, artists or representatives of "Art for All" . Talisman Theatre further agrees that it shall indemnify, defend and hold harmless the City of Elgin for any claims relating in any way to Art for All ' s participation in this special event . In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the above-described agreement to indemnify, defend and hold harmless . Such action shall be defended by legal counsel of the City' s choosing. (7) 10 . That nothing contained in this agreement shall be construed to relieve Talisman Theatre, its officers, agents or employees, as well as any other participants in the Subject Special Event from complying with all applicable laws and regulations of the City, State and United States, including but not limited to obtaining any other permits or approvals as required by law. 11 . That this agreement shall not be deemed or construed to create an employment, joint venture, partnership or other agency relationship between the parties hereto . (8) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above . CITY OF ELGIN TAILSMAN THREATRE By i Qk.. By k 2 , Joyce Parker, City Manager It Attest : Attest : City Clerk TALISMAN. THE/TEXT081/COSPONSO.R F EC (:)0.0 '. " Agenda Item No. f k City of Elgin I it TED 0$ E3. July 3, 2000 N TO: Mayor and Members of the City Council REC fit'/if LIC> C11 1 CIS URI- ANp CU LLU RAL CITIZLffJS ILS 1 UR ALL t_ITIZ LN:. FROM: Joyce A. Parker, City Manager SUBJECT: Special Event Agreement with the Talisman Theatre PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a cost sharing agreement with the Talisman Theatre for Shakespeare in the Park scheduled for August 3 - 12, 2000 . BACKGROUND Representatives from the Talisman Theatre have submitted a City of Elgin Special Event Application to hold Shakespeare in the Park at the Wing Park Bandshell on August 3, 4 , 5, 6 and August 10, 11, and 12, 2000 . Talisman Theatre is a non-profit professional theatre company committed to producing classic plays and original works . An event budget is attached. Staff from Parks and Recreation have met with the Talisman Theatre to review event logistics and budget. Talisman has relocated, moving from Chicago to Elgin, and is in the midst of its second year of production here . They hope to produce, with the City' s cooperation, an annual Shakespeare Festival that will generate regional attention and draw thousands of people to Elgin. To help offset the high cost involved in a production of this magnitude, the Talisman Theatre is requesting permission to be allowed to sell beer and wine again at this year' s event. Without the revenues generated through the sale of beer and wine, Talisman Theatre feels it will be very difficult to cover the expenses of the event. The Cultural Arts Commission awarded Talisman Theatre $20, 000 to help sponsor the event . As a part of the City' s support for the event, a special events application is proposed. The proposed agreement will be similar to the one used for last year' s Shakespeare in the Park event . The following are the main elements of an agreement between the City and Talisman Theatre. Special Event Agreement July 3, 2000 Page 2 1 . Talisman Theatre and the City shall share the costs to provide a police officer for event security. Security will need to be provided during event hours : August 3, 4 , 5, 6, and August 10, 11 and 12, 8 : 00 p.m. - 11 : 00 p.m. The costs for the police service for the City of Elgin will not exceed $1, 260 . Talisman Theatre will cover 100% of the security costs, estimated at $15, 000, for non-performance hours . 2 . The Parks and Recreation Department will provide barricades, fencing, and assistance with parking at a cost not to exceed $1, 400 during the event . There will be no charge to the Talisman Theatre for this service . 3. Talisman Theatre shall be given permission to sell beer and wine in conjunction with CSP Enterprises . A liquor license and Dram Shop insurance will be provided by CSP Enterprises naming the City as an additional insured with limits of not less than $1, 000, 000 . Additionally, the City will approve an ordinance amendment in Municipal Code 12 . 08 . 010 to give approval to Talisman Theatre to sell beer and wine in Wing Park during event hours. 4 . "Art for All" shall be given permission to show and sell their artwork in conjunction with the Talisman Theatre event . 5. The Talisman Theatre will provide insurance naming the City as a primary, non-contributing co-insured with excess coverage of not less than $5, 000, 000 covering general liability, including personal injury and property damage. A liquor license and Dram Shop Insurance will be provided by CSP Enterprises naming the City as an additional insured with limits of not less than $1, 000, 000 . Additional pending permits and permission will be required as follows : Insurance: Dram Shop Insurance and General Liability Insurance . Liquor License: Class I special event liquor license must be obtained by Talisman Theatre and CSP Enterprises . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Talisman Theatre, CSP Enterprises, and Elgin Cultural Arts Commission. Special Event Agreement July 3, 2000 Page 3 FINANCIAL IMPACT The cost of providing Police security and Parks and Recreation services for the seven-day event are estimated at $2, 660 . Sufficient funding is available for the expenditures in the 2000 Police budget, account number 010-2308-731 . 01-02, ($1, 260) , and the Parks and Recreation expenditures in the Special Event budget account number 010-5011-762 . 01-04 ($1, 400) . A preliminary event budget is attached. I�, /`LEGAL IMPACT it Id`��/ An ageeement will need to be completed. ALTERNATIVES 1 . Financial participation by the City estimated at $2, 660 and allow an ordinance amendment to Municipal Code 12 . 08 . 010 to give Talisman Theatre approval to sell beer and wine in Wing Park during event hours. rm. 2 . No financial participation by the City with Talisman Theatre assuming 100% of the event costs, however, approve an ordinance amendment to the Municipal Code 12 . 08 . 010 to give Talisman Theatre approval to sell beer and wine in Wing Park during event hours . 3 . No financial assistance from the City. No ordinance amendment to Municipal Code 12 . 08 . 010 to give Talisman Theatre approval to sell beer and wine in Wing Park during event hours . RECOMMENDATION It is recommended the Mayor and members of the City Council approve Option 1 to give $2, 660 in financial participation and approve an ordinance amendment to Municipal Code 12 . 08 . 010 to allow Talisman Theatre to sell beer and wine in Wing Park during event hours . Respectfully submitted, j)„,zr, 4. /E5s Joyce A. Parker City Manager Preliminary Budget- Shakespeare in the Park rActors $9,600 Stage Manager $2,250 ASM/Sound Operator $1,575 Fringe - $2,174 Technical Director - $1,500 Equity Bond $1,000 Director $2,000 Producer• $2,000 Assoc. Producer $1,500 Set Design $1,200 Lighting Design $1,200 Costume Design _ . $1,000 •- _ Special effects $1,200 Sound Design $800 Graphic Design $1,500 Set Construction $1,500 Costume Construction $1,500 Running Crew -53,000 Properties Construction _$850 Total Personnel Salaries & Fees $37,349 - Costumes $2,500 Costume Maintenance _ $240 Scenery _ $3,000 Props $800 Lighting, generators, rental etc. $15,000 Sound - studio time, materials $200 Technical Contingency 51,500 - Truck Rental, Hauling 5800 Reh. Rent, Hse Mgmt E. Ticketing services $5,306 Additional rehearsal rental S300 - Dressing & Production trailers $5,4.00 Production Materials, Services $35,046 Advertising $11,994 • PR Fee $2,500 Programs V 51,500 Invitations 5800 General Piece postage 20000 53,000 General piece printing $1,800 Printing pstrs, 20000 pstcd, 10000 flyer $2,025 Postage 20,000 V $3,000 Lobby/Street Display, Hot Tix $1,040 Photography $800 Reception $500 Total Marketing - $28,919 • Insurance $800 Security after hours $15,000 Portable Restrooms $5,000 Total Safety & Security $20,800 Total Production Costs $122,115 Income Admissions, average ticket price S15 $32,400 Concessions, Retail Sales $9,000 Benefits $9,286 Grants $35,000 Sponsorships - $31,429 ' Individual Contibutions $5,000 • Total Income $122,115 Earned Income 33.90%