Staff_Report_-_MIP_agreementRWS__1_
DATE: NOVEMBER 28, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: DISCUSS AND APPROVE A TWO-YEAR AGREEMENT FOR WITH LOS GATOS MUSIC AND ARTSIN THE PARK (LGMIP) TO PRODUCE, MANAGE AND PROMOTE THE SUMMER MUSIC IN THE PARK CONCERT SERIES FOR
2018/19 AND 2019 in substantially the form attached allowing for minor technical or clerical corrections, if any, to be included in the authority granted here..
RECOMMENDATION:
Discuss and approve a two-year agreement for with Los Gatos Music and Artsin the Park to produce, manage and promote the summer Music in the Park concert series for 2018/19 and 2019.
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 Los Gatos Music in the Park (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, Sstaff connected withcontacted LGMIP to set up a meeting to debrief the series and discuss a prospective contract for 2018/19future years.
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 with
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 with 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 by staff and by LGMIP to the 2016/17previous approved agreement. Amendments proposed by Staff are
in blue and reflect input from various stakeholders including LGMIP, community members, and staff, and are mostly contained within sSection 4. Scope of Services. Amendments proposed
by LGMIP are highlighted in yellow , The proposed changes by LGMIP, that Staff needs direction on, are in the paragraph numbers noted below:
7. Submission ofPayment of two Special Event Application Fees
LGMIP is being asked to pay for 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 LGMIP and staff and LGMIP. Both applications will require the special event permit application fee at the time of filing LGMIP only wants to pay one fee. The difference is $178.
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 applications, 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. In the process of drafting the proposed agreement,
staff has tried to identify the requirements upfront so as to minimize concerns about unforeseen costs.
8. Payment of two Banner Application Fees
LGMIP is being asked to pay two banner fees, one for the ten concerts held at the Civic Center, and one for the Park Dance held at Oak Meadow Park. LGMIP only wants to pay one fee.
The difference is $94.62.
10. Limitation of amplified sound
Based on community feedback, staff 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. LGMIP wants no additional restriction on noise.
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 organization using trained volunteers to provide this service. LGMIP will
notify the response is to hire outside security personnel and has requested an additional grant of $5,000 to pay for such security along with other items.
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 Ppolice presence or interaction, Police dispatch should be contacted for further assistance or Ppolice deployment.
The Park Dance presents a different set of circumstances and the Town has traditionally warranted required two dedicated officers to Oak Meadow Park for the entire event, for 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. In either event, LGMIP has requested an additional $5,000 to pay for either PD presence or security at the Park Dance.
30 &31. 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 ($20 per hour for 4 hours). 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. LGMIP only wants to pay for the attendant to open and lock the
building at $20. This is a difference of $600.00. LGMIP also wants no restriction on alcohol.
Equipment (Prior Agreement items 32 and 35)
Because the Town no longer owns light towers and artificial turf needed for the Park Dance, the proposed agreement is silent on the Town providing these items. This means that LGMIP
will be responsible for obtaining these items. LGMIP has requested an additional $5,000 to pay for these items.
Town In-Kind Contributions for MIP
In Spring of 2017 with the approval of the FY 2017/18 budget, the Council appropriated identified $6,000 to LGMIPfor MIP, consistent with the amount provided for each of the two prior
years. With the proposed agreement, staff is recommending that the Town continue to make this annual payment for the concert series. , as they have done in prior years. LGMIP is
requesting an additional $5,000 to pay for security and light poles.
In addition, the proposed agreement would continue tThe Town’s practice of has also providinged a variety of in- kind services for MIP and these are noted below for the Council’s awareness.
These contributions reduce the costs for LGMIP. 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. The fee offsets the Town’s expenses to maintain the facilities. In 2017, LGMIP occupied the Band Stand, surrounding turf area, and portions of
the parking lot from approximately 8 a.m. until midnight, which included set up, the actual event, and break down. The total cost savings for LGMIP was $1,425.
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.
33 and 34/35. Town A-Frame SignsBarricades
The Town provides LGMIP with a-frame signs/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 community feedback that the bands performing for MIP may not offer a wide enough variety inof musical genres. Staff discussed
with concernthe issue with LGMIP, and inquired about changing the format of the bands selected. LGMIP expressed concern over this change, and strongly believed 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. For these reasons, the proposed agreement does not stipulate any artistic control for the Town.
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. The Council may also make modifications to the provisions , and provide direction on any modifications toin 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- kind services are covered through the associated Ddepartments’ budgets. The approval of this agreement
would require the continued appropriation of these funds$6,000 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