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CC Resolution 10094 RESOLUTION NO. 10094 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR RENTAL USES OF THE HERITAGE THEATRE WHEREAS, the City of Campbell Financial Policies require the establishment of a Schedule of Fees and Charges for the use of City facilities; and WHEREAS, those fees are to be designed to ensure that an approved recovery rate of the cost of providing services is achieved where appropriate; and WHEREAS, the Heritage Theatre will be a new facility for which no fees have yet been established; and WHEREAS, a Schedule of Fees and Charges for Theatre Use designed to meet the above-stated criteria have been proposed; and WHEREAS, the City Council of the City of Campbell has conducted a Public Hearing and hereby adopts the attached additions to the Schedule of Fees and Charges to be paid to the City of Campbell by all persons desiring to obtain those items or services contained in the attached Schedule of Fees and Charges for Use of the Heritage Theatre, effective January 1, 2003; BE IT FURTHER RESOLVED that this Resolution be made an addendum to the City Council Policy Manual. PASSED AND ADOPTED this 1st day of October 2002, by the following roll call vote: AYES: Council members Dean, Burr, Kennedy, Furtado, Watson NOES: Council members None ABSENT: Council members None APPROVED: fl-a-viA;:- 3ianette Watson, Mayor .~ City of Campbell- Recreation & Community Services Fees Schedule of Fees and CharJ!es for Use of the HeritaJ!e Theatre 1. The Theatre will be rented to individuals, businesses, and organizations based on the following rate schedule: Theatre Rates for Non-Peak Days (Monday - Wednesday): Base rent for up to an 8-hour period on one day: $400 I day Additional time on the same event day: $100 I hour Rehearsal time for up to an 8-hour period on one day: $300 / day Additional rehearsal time on the same day: $100 I hour Standard sound equipment (up to two microphones) N/C Full sound equipment (full use of sound system) $ 75 / day Minimum lighting equipment (up to 40 instruments) $ 75 I day Medium lighting equipment ( 41-60 instruments) $150 I day Maximum lighting equipment (entire system) $300 I day Theatre Rates for Peak Days (Thursday - Sunday): Base rent for up to an 8-hour period on one day: Additional time on the same event day: Rehearsal time for up to an 8-hour period on one day: Additional rehearsal time on the same day: Standard sound equipment (up to two microphones) Full sound equipment (full use of sound system) Minimum lighting equipment (up to 40 instruments) Medium lighting equipment (41-60 instruments) Maximum lighting equipment (entire system) $600 I day $100 / hour $400 I day $100 I hour N/C $125 I day $125/ day $250 I day $400 I day NOTE: Clients shall reimburse the City for the cost of all required event staff and technicians. Base rent fees are due 45 days in advance of the first use date. Equipment and staffing fees will be deducted from the final settlement or deposit. The Theatre Manager shall have the discretion to schedule staff s/he deems necessary to provide for a quality production at the expense of the client. A staffing estimate shall be provided upon request and at least a minimum of two weeks in advance of the event. NOTE: Rehearsal times may be scheduled at the time the booking is made, but shall be considered tentative until (30) days prior to the first event date, and then will only be scheduled when they do not interfere with other scheduled events. City of Campbell - Recreation & Community Services Fees Schedule of Fees and Charf(es for Use of the Heritaf(e Theatre 2. For events that are designed to be profitable, rental fees shall be ten percent (10%) of gross ticket sales vs. the base rent (whichever is higher). Exceptions to this policy will be made for primary partners and fund-raising events hosted by local non-profit organizations with ticket prices greatly exceeding the normal market rates (i.e. $100 benefit performance tickets). In those cases, the 10% shall be computed based on the market rate of the tickets, as determined by the Theatre Manager. 3. The Theatre will be rented to approved "Primary Partner" clients at special reduced rates negotiated individually and subject to the review and approval of the City Council. 4. Fees for Additional Services will be charged as follows: a. Box Office Fee: $500.00 / contract b. Ticket Printing: $ .30 / ticket c. Technical Staff: $ 20.00/ hour (4 hour minimum) d. Maintenance Staff: $ 15.00/ hour e. House/Event Staff: $ 15.00/ hour (4 hour minimum) f. Sound System: Outlined above g. Lighting System: Outlined above h. Spotlights: $100.00/ day 5. For events that do not meet the criteria above, which we can't anticipate at this time, staff shall have the authority to charge appropriate and warranted fees at rates higher than those stated above, subject to the approval of the Recreation and Community Services Director. 6. Deposits: a. Deposit Fee: $300.00/ contract engagement A refundable security/damage deposit fee of $300 will be required to hold a date(s) on the Theatre calendar. At the conclusion of the event, the deposit may be applied to (deducted from) the total balance due if Theatre Manager has performed a full Theatre Use Evaluation and there are no outstanding fees for damaged or lost equipment, or repairs to the facility. If settlement is made prior to the evaluation, the deposit will be held until the evaluation is performed and the deposit, less any necessary repair or equipment costs, will be returned to the client within fifteen working days. City of Campbell - Recreation & Community Services Fees Schedule of Fees and Char/(es for Use of the Herita/(e Theatre b. Any fees paid less than thirty days in advance of the first use date must be paid by cash, guaranteed money order, or a VISA/Mastercard in the name of the hosting/producing organization/person. 7. Cancellations: Notice of the desire to cancel a booking/reservation must be received, in writing, by the client whose name appears on the contract. If written notice of cancellation is received 120 days in advance of the first scheduled date of use, the deposit will be refunded, less a $50 processing fee. Cancellations received less than 120 days in advance of the first use date shall be subject to loss of entire deposit. 8. Negotiation of Fees and Services: At the discretion of the Director of Recreation & Community Services, rental fees may be negotiated if deemed to be in the best financial or creative interests of the Theatre and the City of Campbell. Such arrangements will reported to the City Council via memorandum. 9. Box Office Management: The Heritage Theatre reserves the right to manage all box office operations, including ticket printing and the collection of admission fees. Clients of the Heritage Theatre will pay for box office fees as well as ticket printing as per the rental rate schedule listed above. At the discretion of the Director of Recreation & Community Services, this policy can be waived if it is determined that an appropriate box office operation can be managed by the client and the financial interest of the Heritage Theatre and the local community can be protected. 10. Labor: To insure the protection of all in-house equipment and the professional presentation of events, the Heritage Theatre will require all clients to utilize the House technical staff for their events, at the rates outlined above. The Theatre Manager shall have the discretion to schedule staff as s/he deems necessary to provide for a quality production, at the expense of the client. 11. Support of Non-Profit Organizations: In order to keep rental fees at an affordable elvel, no discounts will be offered to non-profit organizations (other than the negotiating latitude indicated above). Instead, financial support for local non-profit organizations will be offered through grants from the Heritage Theatre Cultural Growth Fund. The level of this funding shall be set annually by the Board of Directors of the Friends of the Heritage Theatre based on funds available from grants, sponsorships, and Theatre operating reserves. City of Campbell - Recreation & Community Services Fees Schedule of Fees and CharKes for Use of the HeritaKe Theatre 12. Discretionary Booking: At the discretion of the Recreation and Community Services Director, requests for rental of the theatre may be denied if the proposed event presents a potential conflict to the market target of a previously scheduled event. Criteria include the market saturation of a particular event type, long-term relationship of existing Theatre client, and the financial impact on the Theatre. 13. Theatre Scheduling: Due to the high financial impact of promoting routing dates (flexibility of scheduling) during the spring, summer, and fall entertainment series, priority will always be giyen to scheduling in-house productions. Rental dates by outside organizations may be booked up to eighteen (18) months in advance of the event, however the date will be confirmed no sooner than six months prior to the event date. If a scheduled date must be moved to accommodate an in-house production, every effort will be made to find an acceptable alternate date. In addition, preference for available dates will be given to those presenting successful annual events where a specific date is critical to the success of the event. High priority will be given to those signing multiple (4+) event contracts per year with the Heritage Theatre. The Recreation and Community Services Director shall have the authority to refuse any potential rental that he/she determines is not in the best interests of the Theatre or the City of Campbell. 14. Rental Uses of Garden Courtyard: The Garden Courtyard, located immediately east of the Theatre, will be rented to individuals, businesses, and organizations, based on availability that does not conflict with scheduled Theatre events, according to the following rate schedule: Theatre Garden Courtyard Application Fee: Refundable Security Deposit: When rented in conjunction with Theatre: When rented independent of Theatre: $25 / contract $200 / contract $200 / first 4 hours $ 50/ each add'l hour $300 / first 4 hours $ 75 / each add'l hour NOTE: Rental (fees) of the Garden Courtyard does not include use of tables, chairs, canopies, podiums, or any other equipment. Client is responsible for the outside rental of any/all furniture and/or equipment desired. All such items must be delivered the day of the event and removed the same day. City of Campbell - Recreation & Community Services Fees Schedule of Fees and Charf(es for Use of the Heritaf(e Theatre 15. Photography: The Theatre and/or Garden Courtyard may be reserved for the purpose of photography (wedding, families, special occasions, etc.), subject to availability, at the following rates: Non-refundable Processing Fee: $ 25 / contract Non-Commercial Photography: $100/ hour Commercial Photography: $150/ hour LRK: REPORTS\TheaterFees