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MEETING DATE: 05/19/15
ITEM NO: H
COUNCIL AGENDA REPORT
MAY 13, 2015
MAYOR AND TOWN COUNCIL
LES WHITE, INTERIM TOWN MANAG
LOS GATOS MUSIC & ARTS
A. AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO
THE AGREEMENT FOR SERVICES WITH LOS GATOS MUSIC & ARTS
CONCERNING THE FUNDING AND ADMINISTRATION OF THE MUSIC IN
THE PARK PROGRAM THROUGH SEPTEMBER 30, 2015.
B. DIRECT STAFF TO COMPLETE NEGOTIATIONS FOR A NEW MULTI-
YEAR AGREEMENT FOR SERVICES WITH LOS GATOS MUSIC & ARTS
CONCERNING THE FUNDING AND ADMINISTRATION OF THE MUSIC IN
THE PARK PROGRAM BY OCTOBER 15, 2015.
C. AUTHORIZE AN EXPENDITURE BUDGET ADJUSTMENT IN THE
AMOUNT OF $6,400 FOR THE ANNUAL REIMBURSEMENT OF $5,000 TO
LGM &A AND THE TOWN'S HALF OF THE MUSIC LICENSE FEES OF
APPROXIMATELY $1,400. THIS WILL BE FUNDED FROM THE MUSIC IN
THE PARK DEFERRED REVENUE BALANCE OF APPROXIMATELY
$12,810.
RECOMMENDATION:
1. Authorize the Town Manager to execute an amendment to the agreement for services with
Los Gatos Music & Arts concerning the funding and administration of the Music in the Park
program through September 30, 2015.
2. Direct staff to complete negotiations for a new multi -year agreement for services with Los
Gatos Music & Arts concerning the funding and administration of the Music in the Park
program by October 15, 2015.
3. Authorize an expenditure budget adjustment in the amount of $6,400 for the annual
reimbursement of $5,000 to LGM &A and the Town's half of the music license fees of
approximately $1,400. This will be funded from the Music in the Park deferred revenue
balance of approximately S 12,8 10.
PREPARED BY: CHRISTINA GILMORE
Assistant to the Town Manager
Reviewed by: JIT f Assistant Town Manager i) own Attorney
N:AMGRVAdmin WorkFflesA2015 Council ReponsVMay 19ALOS GATOS MUSIC AND ARTS AMENDMF,NT May 19 2015.docx
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MAYOR AND TOWN COUNCIL
SUBJECT: LOS GATOS MUSIC & ARTS
MAY 13, 2015
BACKGROUND:
Music in the Park (MIP) is a series of free -to -the public concerts, which are held on Sunday
afternoons from June through August on the Los Gatos Civic Center lawn. In 2009, the Town
Council approved a five year agreement for the management and coordination of MIP be contracted
to Los Gatos Music and Arts (LGM &A) (Exhibit A to Attachment 1). The existing agreement
expired September 30, 2014. Staff met with representatives from LGM &A prior to the agreement
expiration but was unable to finalize terns for a new agreement at that time.
The amendment to the existing agreement is for the funding and administration of the Music in the
Park program for the remainder of the calendar year, through September 30, 2015.
DISCUSSION:
Staff is in the process of negotiating a new multi -year agreement with LGM &A to continue the
administration of the MIP concert series. The existing agreement between the Town and LGM &A
expired on September 30, 2014. Staff met with representatives from LGM &A prior to the agreement
expiration but was unable to finalize terms for a new agreement at that time. LGM &A has
committed to administering the concert series in 2015, in addition to providing proposed terms for a
new agreement prior to the conclusion of the 2015 concert series.
Staff recommends that negotiations for a new multi -year contract for the funding and administration
of the Music in the Park Program be completed by October 15, 2015 for Council review and
consideration in November 2015.
An amendment to the agreement for services between the Town and LGM &A through September 30,
2015 will enable LGM &A to continue the funding and administration of the concert series. Key
provisions of the amendment (Attachment 1) are as follows:
• The Town is amending the agreement to extend the tern of agreement to September 30, 2015.
• The Town Manager or his /her designee, shall be the Contract Manager and shall render overall
supervision of the progress and performance of this Agreement by the Town.
• LGM &A will provide one annual report to the Town for the current term of this agreement. This
report shall be due on October 30, 2015, or the first working day thereafter.
• LGM &A must work with the Town to determine the locations of the porta- potties and
recycling/trash containers and for the amount of time these facilities may remain on Town
property.
• The Town will hang banners advertising the MIP concert series, if and where banners are
permitted, to be approved by the Contract Manager, at the Civic Center.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: LOS GATOS MUSIC & ARTS
MAY 13, 2015
DISCUSSION (cont'd):
LGM &A produces approximately 8 to 10 concerts each summer and is responsible for all fiscal
accounting and management, fundraising, marketing, contract negotiations, administrative and
logistical responsibilities for the summer concert series.
In addition to providing the Civic Center Park for the concerts, the stage, some related equipment and
Town staff costs, the Town reimburses LGM &A up to $5,000 annually from the funds that the Arts
and Culture Commission raised for MIP prior to the 2009 agreement, and pays half of the music
license fees for the concert series.
CONCLUSION:
It is recommended that the Town Manager execute an amendment to the agreement for services with
Los Gatos Music & Arts concerning the funding and administration of the Music in the Park program
through September 30, 2015. Staff also recommends that the Council direct staff to complete
negotiations for a new multi -year agreement for services with Los Gatos Music & Arts concerning
the funding and administration of the Music in the Park program by October 15, 2015.
ALTERNATIVES:
There are no viable alternatives to the recommended action listed above.
COORDINATION:
The content of this staff report was drafted in collaboration with the Finance Department and the
Town Attorney's Office.
FISCAL IMPACT:
The annual reimbursement of $5,000 to LGM &A and the payment of the Town's half of the music
license fees of approximately $1,400 will be funded from the Music in the Park deferred revenue
balance of approximately $12,810.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
Amendment to Agreement for the Funding and Administration of the Music in the Park Program
(with Exhibit A)