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CC Resolution 11418RESOLUTION NO. 1148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE DIRECTOR OF RECREATION & COMMUNITY SERVICES TO ENTER INTO AN AGREEMENT TO EXTEND THE AGREEMENT WITH THE VENUE TECH MANAGEMENT GROUP FOR THEATRE MANAGEMENT SERVICES WHEREAS, the City of Campbell has an existing agreement with Venue Tech Management Group for theatre management services which is set to expire on June 30, 2012; and WHEREAS, the City has an interest in conducting a competitive process prior to entering into an agreement with a new theatre management company; and WHEREAS, Venue Tech has agreed to extend its services through December 31, 2012 under the existing terms and conditions including a $10,000 reduction in their management fees; and WHEREAS, Venue Tech has also agreed to coordinate production of any season shows that might occur after December 31, 2012 for a fee of $5,000 in an effort to ensure seamless operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize the Director of Recreation and Community Services to execute contract extension with Venue Tech through June 30, 2013. PASSED AND ADOPTED this 19th day of June , 2012 by the following roll call vote: AYES: Councilmembers: cristina, Baker, Waterman, Low, xotowski NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ~. ~__ j __ ~_r~u- ~' ~-~ . c Michael F. Kotowski, Mayor ATT '~: Anne Bybee, City Clerk ADDENDUM D TO AGREEMENT FOR MANAGEMENT SERVICES FOR THE CAMPBELL HERITAGE THEATRE This Addendum to the Agreement entered into on Julv 1, 2002, between VenueTech Management Group, LLC a California Limited Liability Company (hereinafter referred to as "VTECH"), and the City of Campbell (hereinafter referred to as "CITY"), a California municipal corporation, shall be amended and extended according to the following terms: Section 5: Compensation Management Fee: Effective July 1, 2010 through December 30, 2012, CITY shall pay a monthly management fee of 12 782. Throughout the term of this extension, the monthly management fee shall remain the same, with no cost of living or other increase. Production Services Fee: If VenueTech Management Group, Inc., is not selected to provide Management Services after December 31, 2012, and VenueTech has entered into agreements with artists on behalf of the City of Campbell for performances scheduled after December 31, 2012, VenueTech will coordinate the production of the said shows with the artists, including advance and day of show rider requirements (i.e., production manager, stagehands, equipment rental, hospitality, transportation, security, settlement, etc.) City will provide all funds required to comply with the artists' contracts and to reimburse VenueTech for related expenses including but not limited to employee expense reimbursements, mileage, and labor required for the successful production of the shows. City will be responsible for promoting and marketing said shows after December 31, 2012, for box office services and all front of house requirements for said shows, and for coordinating with VenueTech in a professional and cooperative manner that assures the successful presentation of each show. City will also be responsible for providing General Liability Insurance consistent with what is currently provided by VenueTech, and which indemnifies VenueTech and names VenueTech as additional insured for these shows. VenueTech Management Group's fee for these services is $5,000 per show plus reimbursements listed above. Section 6: Term; Termination; Default; Remedies Extension: This agreement/addendum shall supersede Addendum C which is now in effect and was to expire on June 30, 2012. The term of this Agreement is hereby extended by one additional year beyond the current expiration date (of June 30, 2012) to June 30, 2013. During the term of this extension, all of the terms and conditions of the original Agreement, unless otherwise described in this Addendum D, shall remain in full effect and force. Notice of Change in Legal Name VenueTech Management Group, LLC has assigned all rights and obligations under this Agreement to VenueTech Management Group, a California corporation, effective January 1, 2007, and City of Campbell consents to same. IN WITNESS WHEREOF, the parties have affixed their signatures on this day of June, 2012. For VenueTech Management Group, LLC: For City of Campbell: John Lind, President Cynthia Bojorquez, Recreation and Community Services Director Address for Notices: VenueTech Management Group, LLC Attn: John Lind 3415 Sweet Drive Lafayette, CA 94549 Telephone: (925) 284-2146 Fax: (9251284-8599 E-mail: John(a~Venuetech.com Address for Notices: City of Campbell Attn: Natasha Bissell 1 W. Campbell Ave. #C-31 Campbell, CA 95008-1039 Telephone: (408) 866-2771 Fax: (408) 374-6965 E-Mail: NatashaB(a)citvofcamobell com General communications regarding Theatre management shall be addressed to: VenueTech Management Group Attn: Judy Barkett, Vice-President 3208 Pierce Street #405 San Francisco, CA 94123 Telephone: (415) 409-4402 Cell: (530) 219-2987 Fax: (415) 409-4403 E-Mail: Jud vbarkettaC~aol com