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