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HomeMy WebLinkAboutCC 6 L.P. REPERTORY 11-18-85· NO. 6 DATE: November 8, 1985 TO: FROM: SU BJ ECT: William A. Huston, City Manager Royleen A. White, Director of Community and Administrative Services L.P. REPERTORY J RECOMMENDATION: Approve the 1986 Agreement with L.P. Repertory as presented in the attached draft. BACKGROUND: As Council is aware, in 1985 and for several years prior, L.P. Repertory produced a play in cooperation with the City's Community Services Department. Last year's production was very successful, and was implemented by a joint agreement similar to the one which is proposed for 1986. In 1985, over 825 persons attended the production of "The Drunkard". The production was an old fashioned melodrama which involved audience participation. Excellent communication and cooperation between City staff and L.P. Repertory staff made the production a pleasure to co-sponsor. The attached agreement has been received by the City Manager, Finance Director, and Community Services staff; all agreed that the agreement as presented is sound. In addition, Sarah Coleman and L.P. Repertory staff have reviewed and signed the agreement. The only change in the agreement this year is a slight increase in the total number of seats available. L.P. Repertory plans to provide free refreshments with each ticket as an added bonus. Royleen A. White, Director Community and Administrative Services RAW: 1 s Attachment 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"). RECITALS A. Company desires to produce and to present a theatrical entertainment in the Clifton C. Miller Community Center (hereinafter "Community Center") in the City of Tustin. 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 theatrical entertainment for presentation in the Community Center at the dates and times set forth in the schedule attached hereto marked Exhibit "A" and incorporated herein by this reference. 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 will be headed "Produced by L. P. Repertory Company in cooperation with the City of Tustin Community Services Department". 4. City, through tts Community Services Department, will assist Company by promoting the production in "Tustln 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: Previews April 23 and 24 Friday, April 25 and Saturday, April 26 Weekntghts & Sunday matinee Friday & Saturday $5.50 20% Discount to Seniors and Students $10.50 with $5.00 to go to L.P. Repertory exclusively $5.50 $7.00 Corporations, Seniors, & Students.lO% discount Groups of 20 or more .............. 10% discount Groups of 50 or more .............. 20% discount -1- 6. The Comn~Jnity Services Department of City will provide sequentially numbered tickets, one hundred twenty (120) 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 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday. No ticket sales will be allowed by other than Community Services staff. At-door sales will be handled by a Community Services staff member and a 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 Five Hundred Dollars ($500.00) from the first revenues for royalty expense and thereafter 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 Monday, April 28 and Friday, May 16. 9. Company will provide to City a schematic diagram of the seating arrangement it wishes, not less than thirty (30) days prior to first preview performance as shown on Exhibit "A", with one hundred twenty (120) chairs to be set up by City's Maintenance Department in accordance with this diagram. If Company wishes more chairs than this number, Company may with its own personnel set up additional chairs consistent with this schematic diagram. 10. Set design, lighting and sound systems and any other temporary alterations to the building proposed by Company shall be submitted in writing to the Community Services Department of City not less than six (6) weeks prior to proposed installation and must each be approved in writing by City. Company will not cause or permit any fixtures, nails, screws, any permanent changes, modifications or additions to the structure or anything which may cause defacement, destruction, damage or detriment to the structure unless previously approved in writing by the Maintenance Department, and all such installations shall be in compliance with all applicable codes and requirements of the City. 11. City will not make keys available but will provide maintenance personnel who will open and close facilities in accordance with the schedule set forth in Exhibit "A". 12. Provided, however, City will provide Sarah Coleman with one set of keys for Lambert School Room C-4 and 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 6, 1986 at 4:30 o'clock p.m. 13. 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. -2- 14. No tape or other marking shall be placed on the floor, nor shall any alternations, temporary or otherwise, to Lambert School Room C-4 be made unless and until approved in advance in writing by School District Maintenance personnel through City's Recreation Supervisor. Company will submit any such request in writing not less than one (1) month in advance of the time it intends to utilize Lambert School Room C-4. 15. 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. 16. Company and its officers, agents and employees hereby agree to protect, defend, indemnify and hold harmless City, the Tustin Unified School District and their 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. 17. 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 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. 18. The facilities to be provided by City are as shown on Exhibit "A" attached hereto. 19. City will provide maintenance personnel to open and close the Community Center and City Hall as shown on Exhibit "A". In the event of any emergency, including a major storm, availability of City maintenance personnel may be altered. 20. City will provide assistance through its Maintenance'Department for stage set-up and take down, chair set-up and removal and set transfer as shown on Exhibit "A". 21. City's Community Services staff will handle phone inquiries from the general public about performance and ticket sales. Provided, however, 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. 22. Members of the Tustin City Council will be acknowledged on the printed programs. -3- 23. Company may sell refreshments in the Community Center during intermissions of each performance. Revenues and expenses for refreshment sales are not a part of this agreement and shall be the sole responsibility and property of Company. Company members will be responsible for obtaining any state required permits and licenses, such as from the Alcoholic Beverage Control Department of the State of California, and will be responsible for handling all such sales, set up and clean up, and for all other aspects of any such sales. 24. 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. 25. 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 fees or fees for transporting sets as herein provided. 26. The Executive Director of Company shall be a Tustin resident. 27. Company will provide the City with a Certificate of Insurance naming the City as an additional insured for a Combined Single Limit of $500,000 or purchase a City approved special event liability policy to provide coverage for the time period covered by this agreement. 28. Notices to be given as provided in this agreement shall be delivered personally or mailed by U.S. mail, postage prepaid, as follows and shall be deemed effective when so mailed: TO CITY: City of Tustin 300 Centennial Way Tustin, California 92680 ATTENTION: Director, Community Services Department TO COMPANY: L. P. REPERTORY 14811Foxcroft Tustin, CA 92680 Attention: Sarah Coleman -4- IN WIII4ESS WHEREOF, the parties have executed and entered into this agreement on the ~ day of , 1985. L. P. REPERTORY BY: CITY OF TUSTIN BY: BY: Rev. 10/14/85 EXHIBIT "A" FACILITY USE BY L. P. REPERTORY COMPANY USE OF CCMCC: Saturday, January 25 Wednesday, January 29 Sunday, February 2 Sunday, March 30 Sunday, April 13 Friday, April 18 Sunday, April 20 Monday, April 21 Tuesday, April 22 Wednesday, April 23 Thursday, April 24 Friday, April 25 Saturday, April 26 Sunday, April 27 Friday, May 2 Saturday, May 3 Sunday, May 4 Auditions, 11:30 a.m.-2 p.m. Auditions, 8-11 p.m. Call Backs, 1-5 p.m. Sound Rehearsal, 9 a.m.-5 p.m. Sound Rehearsal, 9 a.m.-5 p.m. Stage arranged by Maintenance. Sets delivered by Maintenance by 9 a.m. Light Rehearsal, 12 Noon-11 p.m. Aerobics 9:30-10:30 a.m. okay Rehearsal, 9:00 a.m.-12 midnight 11 a.m.-4:00 p.m.; 9-11 p.m. Preview Performance, 5:00-11:30 p.m. Preview Performance, 5:00-11:30 p.m. Opening Night, 5:00-12:00mldnight Performance, 5:00-12:00 midnight Performance, 1-5:30 p.m. Performance, 5:00-11:30 p.m. Performance, 5:00-11:30 p.m. Performance, 1-$:30 p.m. (L. P. Repertory will strike set prior to 6 p.m.) Exhibit A - Page 1 of 3 USE OF EMPLOYEES LOUNGE: Monday, April 21 Wednesday, April 23 Thursday, April 24 Friday, April 25 Saturday, April 26 Sunday, April 27 Friday, May 2 Saturday, May 3 Sunday, May 4 6:30-11:30 p.m. 6:30-11:30 p.m. 6:30-11:30 p.m. 6:30-11:30 p.m. 6:30-11:30 p.m. 1:00-5:15 p.m. 6:30-11:30 p.m. 6:30-11:30 p.m. 1:00-5:15 p.m. USE OF LAMBERT SCHOOL February, March, and April: Saturdays 1:00-6:00 p.m. Sundays 9:00 a.m.-6:00 p.m. Thursdays 7:30-11:00 p.m. Extra Room Extra Room Extra Room Times may be revised by Recreation Supervisor due to availability of Lambert School. Exhibit A - Page 2 of 3 February 17 through April 19 USE OF RED HILL MAINTENANCE YARD (Community Services Storage Area): January 7 through May 13 Saturdays and Sundays, 8 a.m.-5 p.m. Weekday evenings 5:00-11:00 p.m. Fridays, 6 p.m.-12 midnight MAINTENANCE DIVISION: 1. Arrange stage Friday, April 18, 7-g a.m. 2. Transport sets from Red Hill Community Services Storage Area to CCMCC by April 18 by g a.m. 3. Set up chairs for performances (L. P. Repertory to provide diagram). 4. Take down chairs as needed after performances. 5. Open and close CCMCC per schedule. 6. Open and close employees lounge per schedule. 7. Set up 3 tables for press party after April 25 performance. 8. Tear down and put away stage Monday, May 5, any time from 10:30 a.m. to 1:30 p.m. after Aerobic Dance, or 3:00-6:00 p.m., or before 9:00 a.m. g. Transport sets from CCMCC to Red Hill Community Services Storage Area, May 5, after 2:00 p.m., with supervision by L.P. Repertory staff. Exhibit A - Page 3 of 3