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HomeMy WebLinkAboutNB 5 L.P. REPERTORY 12-07-81DATE: December 1, 1981 TO: FROM: SUBJECT: NEW BUSINESS NO. 5 .12,-7-81 Inter-Corn Honorable Mayor and City Council through Bill Huston City Manager Royleen A. White, Director of Community Servic L.P. REPERTORY PRODUCTION RECOMMENDATION: To approve 1982 agreement as is and allow L.P. Repertory to choose whether they wish to do a production in 1982. EXECUTIVE SUMMARY: L.P. Repertory is unwilling to accept the deletion of their storage privileges at Red Hill Maintenance Yard for the 1982 production. Staff feels the proposed agreement (Attachment "A") is very favorable to L.P. Repertory; however Ms. Coleman feels that the storage clause, Paragraph #12, is unacceptable. Several alternatives exist: 1. Approve a~reement as is and allow L.P. Repertory to choose whether they will do the production. Direct staff to amend agreement to allow L.P. Repertory to continue to utilize City storage space and have access to City Red Hill Maintenance Yard. 3. Direct staff to amend agreement to reduce City's percentage from 20% to 10%, deleting storage privileges and leaving Paragraph 12 as is. BACKGROUND: As Council is aware, last spring L.P. Repertory Company produced a play in cooperation with the City's Community Services Department. This successful production was implemented by a joint agreement which Council approved. In negotiating the agreement for the 1982 production, staff felt strongly that the clause regarding storage be amended in such a manner that L.P. Repertory storage privileges would cease at the end of the 1982 production. The agree- ment was reviewed by the Finance Director, the Public Works Director, the Building Maintenance Superintendent, the Community Development Director, and Community Services Staff; all agreed that the agreement as amended was sound. L.P. REPERTORY Page 2 December 1, 1981 L.P. Repertory currently stores sets and other property in Red Hill Storage-- a privilege which other private groups do not enjoy. In addition, L.P. Repertory is the only non-City entity to have a key to a City facility. Staff feels this is not good practice and should cease. When Sarah Coleman of L.P. Repertory reviewed the 1982 agreement she stated to staff that she was unable to accept the clause which deleted the storage privileges. Ms. Coleman and City staff have met several times and have been unable to reach a concensus on this item. DISCUSSION: Staff feels the agreement (Attachment "A") is very favorable to L.P. Repertory, even without the storage clause. L.P.Repertory feels that the storage clause is a key issue. L.P. Repertory will not accept the agreement as it reads. They have suggested two alternatives: Allow the storage privileges to continue. Reduce the City's percentage from 20% to 10% for losing their storage space. As the agreement reads, L.P. Repertory's storage space would not be lost until after the completion of the production. In addition, the agreement is an 80/20 percentage split which is already less than the other contracts which the City has. All other contracts with special instructors are 70/30 split. In con- sideration for losing their storage space after the 1982 production, L.P. Repertory suggests the City reduce their percentage to 10%. Staff cannot agree with this from a business point of view. While staff feels that the 1981 production was generally a success, Council must keep in mind that this is only one production out of an entire year. L.P. Repertory Company does productions all over Orange County and Southern California year-around. Council must ask whether the City of Tustin should assume responsibility for storing sets year-around. Staff'feels that the current agreement is very supportive of L.P. Repertory. A good working relationship with L.P. Repertory exists at present and staff has no wish to diminish this relationship; however, staff feels that the agreement as proposed is a good document. Staff feels that the deletion of storage privileges does not place an undue hardship on L.P. Repertory. RAW:ls Attachment: Proposed 1982 Agreement AGREEMENT ATTACHMENT "A" DRAFT 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 its Community Services Department, will assist Company by promoting the production in "Tustin Today". City and Company -1- 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 March 17 and 18 Friday, March 19 Weeknights & Sunday matinee Friday & Saturday $4.00 $9.50 with $4.00 to go to L. P. Repertory exclusively $4.50 $5.50 Corporations, Seniors, & Students.lO% discount Groups of 20 or more .............. 10% discount Groups of 50 or more .............. 20% discount 6. The Community Services Department of City will provide sequentially numbered tickets, one hundred fifty (150) 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.O0) 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 Tuesday, March 23 and Tuesday, March 30. -2- 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 (100) 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 requirementm 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. Company agrees that all Company property from this and previous productions is to be removed from Red Hill Storage Yard, and keys (to both facilities) are to be returned to City by April 2, 1982, at 4:30 o'clock p.m. 13. 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 -3- 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. 14. 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. 15. 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. 16. Prior to use of any City or School District facility, Company agrees to deposit the sum of One Hundred Dollars ($100.00) 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 p~operty, etc. will be deducted from this deposit. Additional costs will be billed should the deposit prove insufficient. 17. The facilities to be provided by City are as shown on Exhibit "A" attached hereto. 18. 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 energency, including a major storm, availability of City maintenance personnel may be altered. -4- 19. City will provide assistance through its Maintenance Department for stage set-up and striking, chair set-up and removal and set transfer as shown on Exhibit "A". 20. 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. 21. Members of the Tustin City Council will be acknowledged on the printed programs. 22. 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. 23. 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. 24. 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. 25. The Executive Director of Company shall be a Tustin resident. -5- 26. 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 1451 Sycamore Tustin, CA 92680 Attention: Sarah Coleman IN WITNESS WHEREOF, the parties have executed and entered into this agreement on the day of , 1981. L. P. REPERTORY CITY OF TUSTIN BY: BY: BY: BY: -6- EXHIBIT "A" FACILITY USE BY L. P. R£PERTORY COMPANY USE OF CCMCC: Sunday, January 3 Sunday, January 10 Thursday, January 14 Sunday, March 7 Monday, March 8 Sunday, March 14 Monday, March 15 Tuesday, March 16 Wednesday, March 17 Thursday, March 18 Friday, March 19 Saturday, March 20 Sunday, March 21 Wednesday, March 24 Thursday, March 25 Friday, March 26 Saturday, March 26 Sunday, March 27 Auditions, 2-5 p.m. Call Backs, 2-5 p.m. Final Call Backs, 9-11 p.m. Sound Rehearsal, 1-5 p.m. Stage rearranged by Maintenance. Sets delivered by Maintenance by 10 a.m. Light Rehearsal, 1-10 p.m. Rehearsal, 8:30-11 p.m. 11 a.m.-5:30 p.m.; 9-11 p.m. (Open Time) Preview Perfomance, 6:30-11:30 p.m. Preview Performance, 6:30-11:30 p.m. Opening Night, 6:30-11:30 p.m. Perfomance, 6:30-11:30 p.m. Performance, 1-5:30 p.m. Perfomance, 6:30-11:30 p.m. Performance, 6:30-11:30 p.m. Perfomance, 6:30-11:30 p.m. Performance, 6:30-11:30 p.m. Perfomance, 1-5:30 p.m. (L. P. Repertory will strike set prior to 6 p.m.) Exhibit A - Page i of 3 USE OF EMPLOYEES LOUNGE: Monday, March 15 Wednesday, March 17 Thursday, March 18 Friday, March 19 Saturday, March 20 Sunday, March 21 Wednesday, March 24 Thursday, March 25 Friday, March 26 Saturday, March 27 Sunday, March 28 7-11:30 p.m. 7-11:30 p.m. 7-11:30 p.m. 7-11:30 p.m. 7-11:30 p.m. 1:30-5:15 p.m. 7-11:30 p.m. 7-11:30 p.m. 7-11:30 p.m. 7-11:30 p.m. 1:30-5:15 p.m. USE OF LAMBERT SCHOOL, C-4: January 16, 17, 23, 9 a.m.-5 p.m. 24, 30, 31 February 6, 7, 13, 14, 9 a.m.-5 p.m. 27, 28 March 6, 7, 13, 14 9 a.m.-5 p.m. March 5, 12 6-10 p.m. Exhibit A - Page 2 of 3 USE OF RED HILL MAINTENANCE YARD: January 9 through March 13 Saturdays and Sundays, 8 a.m.-6 p.m. February 26 through March 12 Fridays, 6 p.m.-12 midnight Maintenance Division: 1. Rearrange stage Monday, March 8, 7-10 a.m. 2. Transport sets from Red Hill Yard to CCMCC by March 12 after 2:30 p.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 performance. 8. Transport sets from CCMCC to Red Hill, April 29, 9 a.m. 9. Tear down and put away Monday, April 29, 11:30 a.m. after Aerobic Dance. Exhibit A - Page 3 of 3