Staff Report - MIP agreement Final
DATE: NOVEMBER 28, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO ENTER INTO A TWO-YEAR AGREEMENT WITH LOS GATOS MUSIC IN THE PARK (LGMIP) TO PRODUCE, MANAGE AND PROMOTE THE SUMMER MUSIC IN THE PARK CONCERT SERIES
FOR 2018 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:
Authorize the Town Manager to enter into a two-year agreement with Los Gatos Music in the Park to produce, manage and promote the summer Music in the Park concert series for 2018 and
2019 in substantially the form attached allowing for minor technical or clerical corrections, if any, to be included in the authority granted here.
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 (LGMP)
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 contacted LGMIP to set up a meeting to debrief the series and discuss a prospective contract for future years. At the request of
LGMIP, a meeting was 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 with LGMIP to continue managing the MIP Summer Concert Series through September 30, 2019.
Attachment 1 of this staff report contains a draft of the proposed agreement 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 by staff and by LGMIP to the previous 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 Section 4. Scope of Services. Amendments proposed by LGMIP are highlighted
in yellow. Staff needs Council direction on some of the proposed changes by LGMIP are in the paragraph numbers noted below:
7. Payment of Two Special Event Application Fees
LGMIP is being asked to pay for 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. LGMIP only wants to pay one fee. At the current fee schedule, the difference is $178.
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.
Under the current fee schedule, 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.
DISCUSSION (cont’d):
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. LGMIP’s 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.
The Park Dance presents a different set of circumstances and the Town has traditionally required two dedicated officers to Oak Meadow Park for the entire event, for which the Town covered
the cost 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 and 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 help pay for these items.
DISCUSSION (cont’d):
Town Contributions for MIP
In Spring of 2017 with the approval of the FY 2017/18 budget, the Council identified $6,000 for 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. LGMIP is requesting an additional $5,000 to pay for security and light poles.
In addition, the proposed agreement would continue the Town’s practice of providing a variety of in-kind services for MIP and these are noted below. These contributions reduce the costs
for LGMIP.
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.
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. Town A-Frame Signs
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.
DISCUSSION (cont’d):
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 of musical genres. Staff discussed
the issue with LGMIP, and inquired about changing the format of the bands selected. LGMIP expressed concern over this change, 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 in 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 Departments’ budgets. The approval of this agreement
would require the continued appropriation of at least $6,000 for the FY 2018/19 budget, depending on Council direction regarding LGMIP’s request.
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