1995-092-Execute The Second Amendment To The Downtown Economic Development Agreement With The Los Gatos Downtown AssociationRESOLUTION 1995 - 92
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SECOND AMENDMENT
TO THE DOWNTOWN ECONOMIC DEVELOPMENT AGREEMENT
WITH THE LOS GATOS DOWNTOWN ASSOCIATION
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town of Los Gatos amend its Downtown Economic Development
Agreement with the Los Gatos Downtown Association (pursuant to Exhibit 1), and that the Town
Manager is authorized, and is hereby directed, to execute said amendment to agreement in the
name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 17th day of July, 1995, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
P,,
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SIGNED: ,? ", r
MAYOR OF THE TOWN` OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A: \RESOS \CS071795.R03
SECOND AMENDMENT TO DOWNTOWN ECONOMIC DEVELOPMENT AGREEMENT
BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE LOS GATOS DOWNTOWN ASSOCIATION
FISCAL YEAR 1995 -96
This SECOND AMENDMENT TO AGREEMENT is entered into this day
—, 1995, and is effective as of the 17th day of July, 1995, by and between TOWN
OF LOS GATOS, a municipal corporation ( "TOWN') and THE LOS GATOS DOWNTOWN
ASSOCIATION ( "CONTRACTOR ").
WHEREAS, TOWN and CONTRACTOR executed an Economic Development
Agreement on January 17, 1995;
WHEREAS, the Town Council has approved an allocation of funds for Fiscal Year
1995 -96 to CONTRACTOR;
AGREEMENT:
IT IS THEREFORE AGREED by the parties as follows:
1. Replace Exhibit B, Scope of Services, Music in the Plaza Agreement, with
the Music in the Plaza Agreement attached to this Second Amendment.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement for
Community Services on the date written above, effective July 17, 1995.
APPROVED AS TO FORM:
Larry E. Anderson
Town Attorney
ATTEST:
Marian V. Cosgrove
Town Clerk
APPROVED AS TO CONTENT:
Regina A. Falkner,
Community Services Director
ATTACHMENT: Music in the Plaza Agreement
CSD 19: A: \Contract \Downtown. sec
N
TOWN OF LOS GATOS:
David W. Knapp
Town Manager
THE LOS GATOS DOWNTOWN
BUSINESS ASSOCIATION
Barbra Toren, Executive Director.
208 East Main Street
Los Gatos, CA 95032
Music in the Plaza A reement
This agreement identifies the responsibilities each entity will have for the production of the 1995
Music in the Plaza (MIP).
TOWN OF LOS GATOS & TOWN OF LOS GATOS ARTS COMMISSION
RESPONSIBILITIES:
A. TOWN OF LOS GATOS SHALL:
Provide use of Town Plaza Park for a maximum of ten Sunday concerts, from June
25, 1995 to August 27, 1995. The Council may consider special MIP concerts
(i.e. July 4 concert) if a special events permit has been issued.
2. Provide use of Town stage and approximately thirty (30) chairs for each concert.
Provide for Park cleanup after each concert performance. The cost of Park
cleanup will be charged to the DA/MIP account.
4. Retain stage crew (2 persons) as temporary Town employees under the Parks
Forestry and Maintenance Department. The stage crew will work on MIP
concerts held between June 25 to August 27, 1995. They will transport stage to
and from the Park, assemble stage and take down stage for each concert. They
will work an estimated 3 -4 hours per concert at $8.40 /hour. As temporary
employees, the stage crew will be covered under Town's liability insurance and
workers compensation program.
Execute contracts with musical performers, sound system operator, and other
vendors. Require all performers and vendors to execute a hold harmless
agreement and require insurance for contracted vendors. All program funds must
be received in the MIP account before any contracts are executed. This may
require that the program be divided into two five- concert series.
6. The musical performer /groups shall not be required to submit proof of insurance,
but they are required to submit an executed hold harmless agreement in favor of
the Town and Downtown Association.
B. TOWN OF LOS GATOS ARTS COMMISSION
In accordance with the schedule provided in Exhibit A, the TOWN OF LOS GATOS
ARTS COMMISSION shall:
1. Conduct fundraising activities. Fundraising activities requiring an investment of
over $200.00 must be presented to the Arts Commission for approval.
2. Contact and schedule musical performers for specific dates. Notify performers of
the need to execute a hold harmless agreement. Inform the Community Services
Director of performers and dates so contracts can be executed.
3. Organize and secure all required equipment and materials. Notify potential
vendors of insurance requirements. Inform Community Services Director of stage,
sound system, and other necessary services so contracts can be executed.
4. Coordinate any food, soft drinks or merchandise sales at the Plaza. All proceeds
from sales shall be specifically designated to support Music in the Plaza only.
5. Conduct recognition activities as appropriate (i.e. MIP certificates to donors).
6. Coordinate with Community Services Director regarding advertising and
promotion strategies, such as: flyers, news articles, ads in local newspaper,
banners, etc.
C. TOWN COMMUNITY SERVICES DEPARTMENT SHALL OPERATE AS FISCAL
AGENT:
1. Disburse funds to performers, sound system operator, stage crew and any other
vendors. Establish an MIP account separate from all other DA accounts.
2. Publish a bi- weekly revenue and expense report and a final report at the end of the
series. Provide evenue and expense reports to MIP Chair,
3. Keep a database of donors names and addresses sorted by private and business
donors; provide to MIP Chair upon request.
Pay American Society of Composers, Authors and Publishers (ASCAP) expenses,
as required.
2.
All mail for MIP shall be sent to the following address:
Music in the Plaza
Town of Los Gatos Arts Commission
208 East Main St.
Los Gatos, CA 95032
6. Arts Commission must provide to Community Services Director names, addresses
and telephone numbers of July 16 and 23 performers by July 3, 1995, in order for
those events to proceed. If the Arts Commission does not submit the required
information, the Town may contract with its choice of performers.
OTHER:
The Town will continue to provide services listed herein as "Town
Responsibilities" for July 30 and August 13 concerts if the Arts Commission meets
the following requirements by July 17 at noon:
a. the Arts Commission deposits the full cost of above three concerts
(estimated at $2,350) into the designated MIP account;
b. the Arts Commission provides the CSD Director the names, addresses and
telephone numbers for related performers;
C. the Arts Commission provides the CSD Director a separate, complete
budget for both of the concerts; and,
d. the Arts Commission raises sufficient funds (estimated at $294) to pay for
business license fees required of all MIP performers. (This includes
concerts beginning June 25, 1995.)
The budget is attached as Exhibit (i) and is highlighted below:
INCOME
Revenues
DA
from FY 1994/95 program funds
from 1995 Marketing funds* $1,750
Arts Commission ** 2,210
Business 2,350
TOTAL 1,250
$7,560
* This will be reduced by any business donations received as a result of DA
efforts. Any revenues received by DA over this amount will be given to the
Town for the MIP program.
** Arts Commission must deposit into MIP account $1000 by July 10 in order for
July 23 concert to proceed.
See attached for details.
TOTAL
$7.560
The August 13 concert will be cosponsored by DA and the Brazil Host
Committee. Partial funding will be provided by Willow Street Pizza. The event
schedule must be approved by the Town Manager.
4. The DA will solicit donations at each concert to offset its contribution to MIP. It
will provide a collection box and sign. The sign will contain language with the
following intent: Music in the Plaza is funded in part by the Los Gatos Downtown
Association and the Los Gatos Arts Commission. Support this Los Gatos family
tradition by donating.
LI
IN WITNESS WHEREOF the parties hereby execute this agreement on the day and year
indicated below.
David W Knapp, Town Manager
Town of Los Gatos
Barbra Toren, Executive Director
Downtown Association
Recommended by
The Town of Los Gatos Arts Commission
Emerald Hathway -Bush, Arts Commission Chair
Music in the Plaza Chair
Exhibits: (i) MIP Expenses
(ii) MIP Proposal
csdI8:a:\ arts \pship2l
(revised July 6, 1995)
Date
Date
Date
EXHIBIT (i)
June 25 Jeffra Cook
$600.00
Sound
275.00
Stage Setup/Park Clean Up
134.00
ASCAP
7.00
Misc.
40.00
TOTAL
$1,056.00
Expenses paid by Downtown Association from Town Grant FY 94/95
a
EXPENSES
1.
July 2
Eight Second Ride
$500.00
McCarty & Co.
300.00
Sound
275.00
Stage Setup/Park Clean Up
134.00
ASCAP
7.00
Miser
40.00
TOTAL
$1,256.00
2.
July 9
Ancient Future
$600.00
Sound
275.00
Stage Setup/Park Clean Up
134.00
ASCAP
7.00
Misc.
40.00
TOTAL
$1,056.00
3.
July 16
Chinese Dance
$1,540.00
Sound
275.00
Stage Setup/Park Clean Up
104.00
ASCAP
7.00
Misc.
40.00
TOTAL
$1,966.00
4.
July 23
Steve Kritzer /So. Bay Wailing Co.
$500.00
Sound
275.00
Stage Setup/Park Clean Up
104.00
ASCAP
7.00
Misc.
40.00
TOTAL
$926.00
S.
July 30
Ben Bording
$750.00
Sound
275.00
Stage Setup/Park Clean Up
104.00
ASCAP
7.00
Misc.
40.00
TOTAL
$1,176.00
6.
August 13
Claudia Villela
$750.00
Sound
275.00
Stage Setup/Park Clean Up
104.00
ASCAP
7.00
Misc.
40.00
TOTAL
$1,176.00
GRAND TOTAL
$7,556.00
a
EXHIBIT (ii)
Dale: April 26, 1995
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4C8 354 7430
408 231 8C07 ;pager)
RE: MUSIC IN THE PLAZ4, A PROPOSAL
1995 SUMMER MUSIC SERIES (June 25 through August 27, 1995)
SUMMARY:
Music In The PIGza is a summer series of, free to the public musical
performances, meeting the highest quality artistic stanclares.
Music In The Plaza Is a carefully thought -out program music series for the wnc;e
family, where community members can share a common experience, a
weekly event to plan for and look forward to.
Music In The PIGZG Is designed to unite both informative and pleasurable
musical concerts of a
origins. variety of styles and forms, of multi- ethnic and cuwtura;
Music in The PIezG is designed so the sum,total of Los Gatos profits througn rre
Joy and enrichment brought to the cultural Vo of all those who pertic pcte.
Music In The PIGzG celebrates its Eighth Year m Anniversary with this years 1995 own of Los
Sumer Music Se es demonstrating strong, loving support by the t
Gatos, Downtown merchants, and especially the community -the T w
RECOMMENDATIONS:
1 • To present a wide variety of musical performahce; Of the hi
ghest onisrc
and professional qualities.
2,. To gi.yk priority performance preference, to the, imm
within the Los- Gatos Community. ense musical talent
3. To schedule only one of each style of music per summer series to assure
increased interest, pleasure and awareness realized through
experiencing a wice range of musical artistry.
4 To include the following rnusicci styles: (Summer Series 1995)
* Folk. traditional
' Symphonic, Maraning band, America (- stor[cal)
New Age, mwti- etnric style aria instrumentation
Classical piano ,n concert, songs from musical thea*er arc Ccera
Country western/Blue Grass: with conce instructor and cads
' Classical Chinese Orcnestra /Taiko Drums
' Aux Follies /Ballet /Modern Dance
Reggae
' Brazilian
' Blues /Jazz
5. To schedule 10 performances for the 1995 Summer Series, each Sundcy
from 5:00 p.m. to 7:00 p.m., beginning June 25, 1995, and ending August
27, 1995.
6. +To co- ordinate advertising requirements for each performance to
realize the greatest saturation at the target market.
7. +To include advertising medics: Flyers, newspaper, service clubs, radio
broadcast, and the local television community channels. (Based on
available funding)
8. To fund the 1995 Summer Music Series through the following agencies:
' The Town of Los Gatos Grant Program
' Los Gatos Downtown Asspclation
Food and soft drink sales during the concerts.
* Merchant & Corporation donations
* Community -at -large
' In -Kind donation from local restaurants and hotels
* The sale of MIP products
+ All advertising, where there is a fee or cost involved, such as: newspaper
fees for ads, brochure production and print cost and etc, shall be paid only
from profits realized after all production cost requirements have been
deducted.
Meet with the Los Gatos Weekly -Times to secure publication
news release and calenear. Of weekly
9 Schedule advert-sing Cates for ail media releases.
10. Assign committee � emoers ro send media packages in a timely
manna, o ge.e sources, nauaing news reeeases, ie *ters to pess,c!e
support groups, Cr C writer, eaitors of music publication for art,c.es.
12. Schedule !ocaticrs for hanging Music In The Piaza oanner.
COMMENTS:
Music In The Plaza shall realize another successful year only if the needed
sponsorship through cash monies and sustained patronage is realized in a
timely method.
Music In The Plaza is one of the most highly visible Town
the most enjoyed, projects, antl one of
Music In The Plaza serves the "Arts" through World Music, a language everyone
in the community can appreciate, understand and learn from.
Music In The Plaza promotes local talent, where their music can be shared w,th
the community.
Local merchants realize an increased profit before, during and after Music In
The Plaza, this helps our Town thrive and grow, therefore more businesses
should donate to Music In The Plaza.
When business is more successful, Me Town gains by an increase in revenue for
its General Fund, thus every one wins.
Out in the Plaza, I saw children and grandmothers, and fathers, 3 generations
Of families laughing and sharing, loved ones and friends dancing and
Picnicking, all through the efforts and support of the Town of Los Gatos to keep
these concerts free to the public.
The amount of energy and hard-work that goes into keeping Music In The
Plaza running smoothly and finding the best musical talent is through
dedicated volunteers.
As Chair of Music In The Plaza I have experienced great fulfillment and joy in
designing, coordinating, and producing Music In The Plaza.
COMMUNITY GRANT AGREEMENT
EXHIBIT C
TOTAL — _ 43,040 25,425 2,790 14,825
P Workiva tuuet%ac to enhance business ritality-
OST OE F lCE 8 oX 2 4 1 • L 0 5 G A T 0 S. CA 95031 • 4 b 8 . 354• I in 1
Total
Payment #1 #lA
#2
I. SUMMER '95
7114195 7/28/95
1016195
*Music in the Plaza
Donation
0
Advertising
2. 4th QUARTER'95
0
0
0
:Carriage rides, sponsorship
Holiday promotions
1,000
Advertising
3,500
Posters
1,500
-Business Expo
.
2500
2,500
6,000
3. DOWNTOWN DIALOGUE
*Newsletter
2,000
1,000
1,000
4. SPECIAL EVENT
*Cat Festival Seed money
$5,000
5,000
0
5. ADMINISTRATION
Contract services
13,000
Rent
Phone
380
1,600
Printing/copies
200
Office supplies
200
Taxes
Miscellaneous /Promotions
2,990
18,440
7,825 2,790
7,825
6. BEAUTIFICATION
Non -RDA,
Banner installation
2,100
2,100
Banners
7,000
7000
0
'
0
TOTAL — _ 43,040 25,425 2,790 14,825
P Workiva tuuet%ac to enhance business ritality-
OST OE F lCE 8 oX 2 4 1 • L 0 5 G A T 0 S. CA 95031 • 4 b 8 . 354• I in 1