Staff Report - MIP agreement
DATE: NOVEMBER 28, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND APPROVE A TWO-YEAR AGREEMENT FOR LOS GATOS MUSIC AND ARTS TO PRODUCE, MANAGE AND PROMOTE THE MUSIC IN THE PARK CONCERT SERIES FOR 2018/19.
RECOMMENDATION:
Discuss and approve a two-year agreement for Los Gatos Music and Arts to produce, manage and promote the Music in the Park concert series for 2018/19.
BACKGROUND:
Since 1988, Music in the Park (MIP) has been a free public summer concert series held on Sunday afternoons from June through August on the Los Gatos Civic Center lawn. Prior to 2016,
MIP was managed by the Town’s Arts and Culture Commission, then contracted through Los Gatos Music and Arts (LGM&A). In 2015, LGM&A notified the Town that they would not be seeking
to enter into a new agreement to manage and administer MIP. In December 2015, the Town Council reviewed and discussed options regarding MIP and issued a Request for Proposal (RFP)
for the production, management and coordination of MIP. In January 2016, the Town Council reviewed the two RFPs that were submitted and selected LGMIP to produce, manage and promote
MIP with a contract valid through September 30, 2017. LGMIP is currently seeking a new two-year agreement for MIP with the Town.
DISCUSSION:
Following the final concert in September 2017, Staff connected with LGMIP to debrief the series and discuss a prospective contract for 2018/19. At the request of LGMIP, a meeting was
DISCUSSION (cont’d):
scheduled in November. Representatives from LGMIP and the Town met to debrief the 2017 MIP Summer Concert Series and discuss the proposed terms and changes for a new agreement for LGMIP
to continue managing the MIP Summer Concert Series through September 30, 2019.
Attachment 1 and 2 of this staff report contain a draft of the proposed agreement for LGMIP to manage, produce and promote the MIP summer concert series for the next two years. Attachment
1 is in redline format to illustrate the changes being proposed from the 2016/17 approved agreement. Amendments reflect input from various stakeholders including LGMIP, community members,
and staff, and are mostly contained within 4. Scope of Services, in the paragraph numbers noted below:
7. Submission of Special Event Application
LGMIP is being asked to submit two separate special event permits, one for the ten concerts held at the Civic Center, and one for the Park Dance held at Oak Meadow Park. Given the two
different locations and event formats, the conditions of approval are different for each location and event, thus addressing the two separately provides greater clarity for both staff
and LGMIP. Both applications will require the special event permit application fee at the time of filing. Staff will review and issue the special events permits consistent with the
requirements in the approved agreement, those deemed appropriate based in the event specifics included in the special event permit application, and consistent with Town Code Chapter
14, Article X, Special Events. The proposed agreement language also requires that the applications be submitted no less than 90 days prior to the first concert, or Park Dance event
to allow staff ample time to work with LGMIP on the event specifics.
10. Limitation of amplified sound
Based on community feedback, the agreement has been amended to limit extended periods of noise by not allowing sound checks to exceed forty-five minutes, and at all other times before
5:00 p.m. amplified music shall not exceed the decibel levels in the Town’s noise ordinance.
21. Security
LGMIP expressed the desire to have dedicated security staff at each MIP concert at the Civic Center to address crowd control issues. They initially requested to have dedicated uniform
Police Officers or a dedicated Park Service Officer, however the Town does not have the resources to deploy dedicated officers every Sunday. Language was added to the agreement to
address the concern by LGMIP and ask that they pursue adequate security personnel. The Town supports them using trained volunteers to provide this service. LGMIP will notify the
DISCUSSION (cont’d):
Town of the specific personnel who will satisfy this condition and they will participate in meetings with the Police Department to understand security measures and protocol to follow
during the events. If a situation occurs that warrants police presence or interaction, Police dispatch should be contacted for further assistance or police deployment.
The Park Dance presents a different set of circumstances and the Town has traditionally warranted two dedicated officers to Oak Meadow Park for the entire event, which the Town covered
the cost for until last year when LGMIP was asked to pay for these services as required by their agreement. Once a special event permit is filed for the Park Dance in upcoming year(s),
staff will work with LGMIP based on the application specifics to determine if Town Police presence is necessary, or if professional private security is sufficient.
30. Use of Town Council Chambers Lobby as a “Green Room”
The proposed agreement allows LGMIP to continue to use the Town Council Chambers Lobby as a “green room” for their performers and requires LGMIP to hire and pay for a Town Building Attendant
for the entire duration of the Chamber Lobby use. This differs from the previous arrangement where an attendant was there to open and lock the building only. After staff was made
aware of alcohol presence and consumption in the Chamber Lobby, language has been added to prohibit alcohol from the building. Beer and wine may be consumed on the Civic Center Lawn
with a food as allowed by the Town Code, however is not permitted otherwise in Town Facilities.
Town In-Kind Contributions
In Spring of 2017 with the approval of the FY 2017/18 budget, the Council appropriated $6,000 to LGMIP, as they have done in prior years. The Town has also provided a variety of in
kind services for MIP and are noted below for the Council’s awareness. Depending on the desire to be cost recovery for this event series, the Council may wish to direct staff to adjust
the services provided in kind.
28. Lyndon Bandstand
The Town provides use of the Oak Meadow Lyndon Bandstand for the Park Dance at no cost to LGMIP. The current hourly rate in the Town’s Comprehensive Fee Schedule is $95.00 per hour for
public events held by residents. In 2017, LGMIP occupied the Band Stand, surrounding turf area, and portions of the parking lot from approximately 8 am until midnight, which included
set up, the actual event, and break down.
DISCUSSION (cont’d):
29. Stage
The Town provides LGMIP with the use of the Town’s stage for all Civic Center concerts. The costs associated with the stage include staff time to set up, maintain, and breakdown the
stage. Power is also provided at no cost to LGMIP.
34/35. Town Barricades
The Town provides LGMIP with a-frames/barricades to secure the necessary areas for the concerts and reserve parking spaces at the Civic Center and Oak Meadow Park.
There currently is not a Town fee for the use of barricades, as the Town does not typically provide or rent them out for special events. Special event organizers are required to provide
their own as the Town maintains an inventory of barricades necessary for official Town business and does not budget for excess inventory to cover community events.
33/36. Equipment
Staff recommends that LGMIP be responsible for renting light towers and artificial turf need for the Park Dance as the Town does not own these items and would have to enter into a third-party
rental agreement or make a purchase specifically to provide these items.
Diversity in Music
For the awareness of the Council, Town staff received some feedback that the bands performing for MIP may not offer a wide enough variety in musical genres. Staff discussed with concern
with LGMIP, and inquired about changing the format of the band selected. LGMIP expressed concern over this change and strongly believe it would remove the artistic control they currently
possess and would greatly differ from their original vision for the MIP summer concert series. LGMIP has purposefully focused on upbeat, rock and dance music.
CONCLUSION:
Staff recommends that the Council discuss and approve a two-year agreement for Los Gatos Music and Arts to produce, manage and promote the Music in the Park concert series for 2018 and
2019, and provide direction on any modifications to the proposed agreement.
COORDINATION:
The preparation of this report was completed by the Town Manager, Town Attorney, Economic Vitality Manager, and Event and Marketing Specialist.
FISCAL IMPACT:
Town Council has appropriated $6,000 within the approved FY 2017/18 budget, and in kid services are covered through the associated departments’ budgets. The approval of this agreement
would require the continued appropriation of these funds for the FY 2018/19 budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
Redlined version of the proposed amendments for a two-year agreement between the Town of Los Gatos and Los Gatos Music in the Park
Proposed two-year agreement between the Town of Los Gatos and Los Gatos Music in the Park for the Music in the Park concert series for 2018 and 2019