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HomeMy WebLinkAboutCC 8 L.P. REPERTORY AG 02-20-90'• �,, t��` DATE: TO FROM: FEBRUARY 12, 1990 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY SERVICES DEPARTMENT SUBJECT: 1990 L.P. REPERTORY AGREEMENT RECOMMENDATION CONSENT CALENDAR NO. 8 2-20-90 Inter - Com Staff recommends that Council approve 1990 agreement with L. P. Repertory and authorize staff to execute same. BACKGROUND As Council is aware, L.P. Repertory has been producing plays in cooperation with the Community Services Department since 1980. These productions have been successful and have been implemented by a joint agreement similar to the one proposed for 1990. This year's play "El Grande de Coca Cola" will be held April 2-29 at L.P. Is own facility at 15732D Tustin Village Way. The show will be preceded by a buffet supper. As an incentive, there will be a 10% discount to all persons buying tickets through the Community Services Department. In 1989, over 200 people attended the production of "The Night of January 16." The entire activity ran very smoothly due to the cooperation and good working relationship between the City staff and L.P. Repertory members. Susan M. Jones Royleen A. White, Director Recreation Superintendent Community and Administrative Services SMJ:kp Attachment A:LPRep.3DR AGREEMENT THIS AGREEMENT made and entered into by and between CITY OF TUSTIN, a municipal corporation (hereinafter "Tustin") and L.P. REPERTORY COMPANY (hereinafter "Company"). R E C I T A L S A. Company desires to produce and to present a dinner and theatrical entertainment at Brobdingnag, the L.P. Repertory Dinner Theatre. B. City is willing to provide certain facilities and other support to Company. NOW, THEREFORE, the parties hereby agree as follows: 1. Company agrees to produce a dinner theatrical entertainment for presentation at Brobdingnag, the LPR Dinner Theatre at the dates and times set forth in the schedule. 2. Company will produce a high-quality presentation at its sole cost and expense, with only such support and assistance by City as is provided expressly herein. 3. Company will, at its sole cost and expense, provide for the performance, sets, publicity, promotion, public relations, sound system, programs, props, scripts, costumes, makeup, lighting, royalties, players, at -door ticket takers, house manager, ushers, house management and all other required staff. All promotional and publicity materials distributed by the City will be headed "Produced by L.P. Repertory Company in cooperation with the City of Tustin Community Services Department." 4. City, through its Community Services Department, will assist Company by promoting the production in "Tustin Today." City and Company must approve in advance all promotional materials which either may produce or propose, including but not limited to posters, fliers, news releases, magazine articles, programs and handbills. 5. Company will charge for admission as follows for the play's run April 2-29, 1990. Thursday ....... $16.20 Friday......... 16.20 Saturday....... 22.50 Sunday Matinee 16.20 Seniors and students 10% discount all shows Groups of 20 or more 10% discount Groups of 50 or more 15% discount Senior groups of 20 or more 15% discount 1 Senior groups of 50 or more 20% discount 6. The L.P. Repertory Company will provide sequentially numbered tickets, seventy-five (75) per performance. Tickets will be made available for sale in the Community Services office during the six weeks prior to the first performance. 7. Community Services staff of City will sell tickets during normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No ticket sales will be allowed by other than Community Services and L.P. Box Office staff. At -door sales will be handled by a Community Services staff member and mail -in system will be developed and administered by the Community Services Department. 8. All funds from ticket sales will be deposited into a City account. Company shall be paid eighty percent (80%) of all revenues with the remaining twenty percent (20%) to be retained by City. Distribution of proceeds will be made by Tuesday, May 1. 9. City will provide Company with one set of keys to the Community Services Department storage area at the Red Hill Maintenance Yard. These keys are to be returned to City by May 1, 1990 at 4:30 p.m. 10. City will provide storage in.the Community Services Storage Area for Company's large flats from City of Tustin productions, until such time as City determines it will need the space and it will thereupon give Company ninety ( 90 ) days to remove its materials from storage, which Company agrees to do promptly. This area is to be kept clean. L.P. Repertory is to use no more than 50% for storage. 11. The parties understand and agree that Company and its officers and employees will not be employees of the City but will be acting solely as independent contractors under the terms and conditions specified herein and as independent contractors shall be solely responsible for the payment of any federal and state income and other taxes, insurance benefits, Social Security coverage or other employee benefits. Company understands and agrees that neither Company or any of its representatives nor any other person provided by Company shall in any way be an employee of City as that term is defined in the California Labor Code. 12. Company and its officers, agents and employees hereby agree to protect, defend, indemnify and hold harmless City, officers, agents and employees from all loss, damage, liability or claims resulting from or arising out of or in connection with any of the activities provided in this agreement. 13. Prior to use of any City or School District facility, Company agrees to deposit the sum of Three Hundred Dollars ($300.00) with the City's Community Services Department. Upon the 2 facilities being left in clean, undamaged and satisfactory condition, the deposit will be refunded to Company. In the event the facilities are not left in a satisfactory, clean and undamaged condition, costs for repairing damage, performing clean up, replacing property, etc., will be deducted from this deposit. Additional costs will be billed should the deposit prove insufficient. 14. City's Community Services staff will handle phone inquiries from the general public about performance and ticket sales; provided however, the City will not be available or responsible to provide clerical assistance for Company or to act as a message center or mail center for Company or its members, agents or employees. 15. Members of the Tustin City Council will be acknowledged on the printed programs. 16. This agreement sets forth the entire agreement of the parties and the parties understand and agree that there are no agreements, understandings or representations between the parties other than as set forth expressly herein and that no amendment or addition to this agreement or the subject matter hereof may be made, except in writing and signed on behalf of City by the Director of the Community Services Department and by a duly authorized representative of Company. 17. City shall receive the amounts hereinabove prescribed and shall receive no other fees, including any fees for building or stage rental, alcoholic beverage fees, maintenance fee or fees for transporting sets as herein provided. 18. The Executive Director of Company shall be a Tustin resident. 19. Company will provide the City with a Certificate of Insurance naming the City as an additional insured by a per occurrence of $1 million for the time period covered by this agreement. 20. Notices to be given as provided in this agreement shall be delivered to personally or mailed by U.S. mail, postage prepaid, as follows and shall be deemed effective when so mailed: TO CITY: City of Tustin 300 Centennial Way Tustin, CA 92680 ATTENTION: Director Community Services Department 3 TO COMPANY: L.P. REPERTORY 15732-D Tustin Village Way Tustin, CA 92680 Attention: J. D. Fiske IN WITNESS WHEREOF, the parties have executed and entered into this agreement on the day of , 1990. L.P. REPERTORY Rev. 2/6/90 A:LPRContr.3ms 2 CITY OF TUSTIN :'