HomeMy WebLinkAbout35306 / 89-581 April 6, 1989 �581 RESOWT70N
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE 1989-90 SERVICE AGREEMENT/GRAN� OPERA HOUSE GUILD
INITIATED BY: CITY ADMINISTRATION
QE IT RESOLVED by the Common Council of the City of Oshkosh that
the attached agreem.ent with the Grand Opera House GuiLd is approved and the
proper City officials are authorized and directed to enter into same.
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Res. #SA1
A G R E E M E N T
THIS AGREEMENT is made as of this day of April, 1989,
between the CITY OF OSHKOSH, Wisconsin ("City") and the GRAND
OPERA HOUSE GUILD OF OSHKOSH, INC. , a Wisconsin not-for-profit
corporation ("GUild") , as follows:
RECITATIONS
1. The City, a Wisconsin municipal corporation, owns,
manages, and operates the Grand Opera House.
2. The Grand Opera House Guild of Oshkosh, Inc. hereafter
referred to as the "GUild" is a Wisconsin not-for-profit
corporation, established as an operational/volunteer support
organization. As such, it enjoys a special relationship with the
City. As a result of this relationship, any funds raised through
Guild activities must be used to directly benefit the Opera
House.
AGREEMENTS
1. The Guild shall have the exclusive right of concessions
for all events held at the Grand Opera House and shall return to
the City ninety percent (90�) of all profits from such food and
beverage concessions to be used for operating the Grand Opera
House.
2 . The Guild shall be responsible for all Front of House
Management activities for all events held at the Grand Opera
House and shall retain all monies generated by such activities.
Front of House Management is defined as Chairperson, Event
Manager, Floor Captains, Ushers and Ticket Takers (NOt in the 6ox
Office) . All receipts from Front of House activities shall be
reported as specified in Paragraph 4 of this contract.
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� . RES. R587
3 . The Guild shall file quarterly reports with the City
reporting on all concession income after expenses taking place
during the previous quarter. Such reports are due January 2 ,
April 1, July l, and � OCtober 1, with a payment from the profits
of said concessions.
4 . The Guild shall file with the City a financial statement
and report of all events and activities upon the termination of
this Agreement, April 3o, 1990, with a payment from the profits
of concessions as specified in Paragraph 1 above.
5. I❑ the event the Guild has cash-on-hand which exceeds
Twenty-five Thousand Dollars ($25, 000. 00) from any revenue
source, the Guild shall immediately transfer to the City such
sums which exceed said amount. Such excess shall be used for
Grand Opera House purposes.
6. This agreement shall tahe effect on May 1, 1989, and
shall expire on April 30, 1990, except that either party may
terminate this agreement upon submitting written notice at least
sixty (60) days prior to such termination. Notice for the City
shall be to the City Manager, and notice for the Guild shall be
to the Guild President.
7. The Guild shall not employ any permanent, full-time
employees.
s . The cuild shall give crand opera House tours, except
those tours conducted by and at the request of the City. The
Guild's tour responsibilities include, but are not limited to:
A. Providing Docent tour guide(s) for group and open
tours,
B. Designate a Chairperson for tour activities who
shall work with the Grand Opera House Manager on scheduling,
arranqing, and executing tours, and training/orientation of
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Res. k581
Docents. The city Hall Administration shall provide a means
for the opening and closing of the Grand Opera House for
tours.
C. The Guild shall collect and deposit any monies
derived from such tour activities through a designated Guild
member.
9. The Grand Opera House paraphernalia including, but not
limited to, souvenirs, t-shirts, cards, buttons, etc. , may be
sold by the Guild. Said merchandise shall be sold at a mutually
agreed upon location approved by the City prior to selling of
said items, merchandising at the Grand Opera House will not
interfere or deter from scheduled activities. This agreement
shall not preclude the sale of materials affiliated with
individual events, its promoter or performers. Revenues derived
from such ways and means activities shall be reported to the City
in a like manner as specified in Paragraph 4 and 5 of this
contract.
The Guild shall keep the Grand Opera House Manager informed
of all responsible person(s) whom the Guild has appointed to be
it' s representative at these activities.
10. The Guild shall use part of the storage facilities on
the second floor of the Annex, the storage closet on the first
floor of the Annex, and the stage-right balcony closet for
storage of any of the following: Concessions, Ways and Means,
Front of House Management, Guild's files, records and
miscellaneous items. Any request for the use of the Grand Opera
House other than this area must be approved by the City.
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Res. N561
IN WITNESS WHEREOF, the parties hereto have executed or
caused this Agreement to be executed by their officers thereunto
duly authorized, all as of the day and year first above written.
CITY OF OStIKOSH GRAND OPERA EfOUSE GUILD
By: By:
William D. Frueh, City Manager President, GOH Guild, Inc.
sy: By:
Donna C. Serwas, City Clerk Secretary, GOH Guild, Inc.
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