1.5 Staff ReportMN
MEETING DATE: 02/02/16
� n. ITEM NO: 1.5
COUNCIL AGENDA REPORT
DATE: JANUARY 27, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: MUSIC IN THE PARK
A. AUTHORIZE THE TOWN MANGER TO EXECUTE A TWO YEAR
AGREEMENT FOR SERVICES WITH LOS GATOS COMMUNITY CONCERTS
TO PROVIDE OPERATION OF THE MUSIC IN THE PARK SUMMER
CONCERT SERIES THROUGH SEPTEMBER 3, 2017.
B. AUTHORIZE EXPENDITURE AND REVENUE BUDGET ADJUSTMENTS IN
THE AMOUNT OF $6,000 FOR THE ANNUAL REIMBURSEMENT TO LOS
GATOS COMMUNITY CONCERTS. THIS WILL BE FUNDED FROM THE
MUSIC IN THE PARK DEFERRED REVENUE BALANCE OF
APPROXIMATELY $6,400.
RECOMMENDATION:
1. Authorize the Town Manager to execute a two year agreement for services (Attachment 1) with
Los Gatos Community Concerts to provide operation of the Music in the Park Summer Concert
Series through September 3, 2017.
2. Authorize expenditure and revenue budget adjustments in the amount of $6,000 for the annual
reimbursement to Los Gatos Community Concerts. This will be funded from the Music in the
Park deferred revenue balance of approximately $6,400.
BACKGROUND:
On January 19, 2016 the Town Council reviewed proposals from Los Gatos Community Concerts
(LGCC) and Bliss Point Productions, LLC to operate the Music in the Park Summer Concert Series.
Council provided direction to enter into negotiations with LGCC to operate the 2016-2017 summer
concert series and to return to Council with a draft agreement.
Music in the Park (MIP) is a series of free public concerts, which have been held on Sunday afternoons
from June through August on the Los Gatos Civic Center lawn since 1988. In 2009, the Town Council
PREPARED BY: CHRISTINA GILMORE
Assistant To The Town Manager
Reviewed by:
Assistant Town Manager Town Attorney
Finance
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N1MMAdminWorkFiles\2016
Council Recons\02-02Nusic in the Park A reement 02 02 16 doc
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: MUSIC IN THE PARK
JANUARY 27, 2016
BACKGROUND (cont'd):
approved a five year agreement for the management and coordination of MIP to be contracted to Los
Gatos Music and Arts (LGM&A). The agreement expired on September 30, 2014.
DISCUSSION:
Per Council's direction, an agreement with LGCC has been negotiated to provide operation of MIP. The
agreement requires the payment of all fees included within the master fee schedule but does not require
the payment for Town in-kind services. A list of the proposed scope of services provided by the Town
and LGCC is detailed in Attachment 1 (pp. 2-6). All parties are in agreement with the terms and
conditions proposed within the attached agreement.
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a two year agreement
for services (Attachment 1) with Los Gatos Community Concerts to operate the Music in the Park
Summer Concert Series through September 3, 2017.
ALTERNATIVES:
Alternatives to the recommendation provided above include:
1. Direct staff to revise the agreement, and then move forward with Los Gatos Community
Concerts.
2. Provide other direction.
COORDINATION:
This staff report was prepared in collaboration with the Town Attorney's Office and the Finance
Department.
FISCAL IMPACT:
Funds for the 2016 Music in the Park summer concert series are available in the existing Music in the
Park deferred revenue balance of approximately $6,400. Staff requests Council authorize the receipt and
expense of $6,000 from existing deferred revenue to fund the 2006 summer concert series. For concerts
held during summer 2017, the cost will be included in the proposed budget presented to Council in May
2017. Costs for in-kind support will be included in the proposed FY 2016/17 to FY 2017/18 budgets.
Staff is researching costs associated with either purchasing or repairing the existing stage. This will be
included for Town Council discussion and consideration during mid -year budget updates scheduled for
March.
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PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: MUSIC IN THE PARK
JANUARY 27, 2016
`-' ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no fiuther action is required.
Attachments:
1. Agreement for the Funding and Administration of the Music in the Park Program (with Exhibits A &
B)
�11. 39
AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS AND LOS GATOS
COMMUNITY CONCERTS FOR THE PRODUCTION AND PROMOTION OF THE
MUSIC IN THE PARK SUMMER MUSIC CONCERT SERIES
THIS Agreement is made and entered into this 2ND day of February 2016, by and between the
Town of Los Gatos, a municipal corporation of the State of California (hereinafter "Town"), and
Los Gatos Community Concerts, a California nonprofit organization (hereinafter "LGCC").
J Y►[^�`1.9SIIY:I
WHEREAS, the Town of Los Gatos has authorized "Music in the Park," (the "Events") a free
summer concert series that has enriched the community and added vitality to the downtown area,
since 1988; and
WHEREAS, on January 19, 2016, the Town Council selected LGCC to produce, manage, and
promote the Music in the Park Summer Music Concert Series; and
WHEREAS, to insure the Town will have adequate advance notice of "Music In The Park'
summer music concert series and to adequately plan Town services and to preserve the Town's
commitment to attract quality events with significant entertainment and cultural enrichment for
the community at -large an agreement is necessary; and
WHEREAS, Los Gatos Community Concerts is a local organization (in the process of obtaining
nonprofit status) that has shown its interest to produce this Summer Music Concert Series and -,
desires to enter into an agreement with the Town; and
WHEREAS, the Town desires to enter into an Agreement with LGCC to administer, promote
and produce the Music in the Park Summer Music Concert Series (the "Events") subject to the
following terms and conditions:
NOW, THEREFORE, THE PARTIES AGREE, as follows:
1. TERM OF AGREEMENT
The term shall commence upon the execution of this Agreement and shall terminate on
September 30, 2017. An amendment to this Agreement may be made to renew its term, pursuant
to Section 10, Terms and Amendments; such amendment must be approved by the Town Council
prior to December 30, 2017.
2. EVENT DATES & TIMES
The Events will take place on Sundays in the months of June, July and August on the Civic
Center Lawn and end on the Saturday of Labor Day Weekend at Oak Meadow Park. Set up shall
be allowed to begin at 8:00 AM on the day of the event. The Events shall consist of 10 concerts
at Civic Center Lawn and 1 concert at Oak Meadow Park. Prior to May 15th of each year, LGCC
shall provide the Town with dates of each concert.
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Page 1 of 11
3. PREMISES
The initial 10 Events shall take place on the grounds of the Civic Center, as designated on the
map attached as Exhibit A (the "CC Grounds"). The Los Gatos Park Dance shall take place at
the Lyndon Bandstand at Oak Meadow Park, as designated on the map attached as Exhibit B (the
"OM Park Grounds")-
4.
rounds").
4. SCOPE OF SERVICES
LGCC shall provide the following scope of services:
1. LGCC shall provide the Town annually with documentation establishing its non-profit
status. (It is understood that LGCC as a new organization, will be filing for non-profit
status as soon as possible).
2. LGCC agrees to plan, organize, produce and manage the Music in the Park Summer
concert series that provides a positive, high quality, social experience through music for
families and community members.
3. LGCC shall be responsible for all financial costs (other than the sum of $6,000 and other
services agreed to with Town under Section 4. paragraph 26-38) and management
services required for production and promotion of the Events and raise funds sufficient to
cover production costs, through solicitation of sponsorships, merchandise sales and other
fundraising activities.
4. LGCC shall provide an adequate number of staff and volunteers to run the Events, and
cleaning after the Events.
5. LGCC shall maintain a clean, safe, and attractive environment for the Events.
6. LGCC shall reimburse the Town for any and all fees paid to the American Society of
Composers, Authors and Publishers (ASCAP); Broadcast Music Inc. (BMI); and Society
of European Stage Authors and Composers (SESAC).
7. LGCC shall pay the non-profit Special Event Administrative Annual Fee to the Town in
the amount of $ 169.00 and an Annual Banner Fee of $90.60 to the Town which shall be
subject to annual adjustments set forth in the Town's Master Fee Schedule. All other fees
and permits for LGCC are waived by the town unless specifically set forth in this
agreement.
8. LGCC shall not sell any alcohol. If LGCC offers winetasting to sponsors in designated
private hospitality area, LGCC shall comply with all Alcohol Beverage Control (ABC)
regulations and obtain all necessary permits, including a Temporary Alcohol Sales Permit
from the Los Gatos Police Department and pay a permit fee as set forth in the Master Fee
Schedule. If LGCC offers winetasting to sponsors in a designated private hospitality
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Page 2 of 11
area, LGCC will also designate people to monitor compliance with alcohol use in
accordance with the permits issued.
9. LGCC shall limit amplified sound between the hours of 2 p.m. and 10 p.m. and amplified
sound shall not exceed a noise level of 98 decibels, as measured from a distance of 300
feet from the property line. If noise complaints are submitted to Town Staff, for any
given event, the Town reserves the right to direct LGCC to reduce the volume level not to
exceed 95 decibels, as measured from a distance of 300 feet from the CC Grounds or OM
Park Grounds. Sound company provided by LGCC shall provide industry standard sound
measuring equipment and establish that sound is within the limits.
10. LGCC shall be allowed to sell Event items only, such as sponsorships and other
fundraising activities for the Event, performer's CD's, MIP T -Shirts and other
memorabilia and relevant items.
11. LGCC shall encourage that the attendees of the Events do not interfere with pedestrian or
vehicular traffic in the area. LGCC shall submit a site plan to include a layout of the
Events. LGCC shall submit a separate site plan for any concert proposing a different
layout at least 10 days before the Event to the Town Manager or his/her designee for
approval.
12. LGCC shall provide best estimate of attendance prior to each date of Events for Town
management planning.
13. LGCC shall include clearly designated access throughout the CC Grounds and OM Park
Grounds for mobility impaired attendees, both near the stage and through the main
seating area.
14. LGCC shall notify the Town Manager or his/her designee at the earliest opportunity of
any Event which is likely to exceed the ordinary boundaries of the CC Grounds or OM
Park Grounds as set forth on Exhibit "A" and `B".
15. LGCC shall notify the Town Manager or his/her designee should any single Event exceed
the capacity of the CC Grounds or OM Park Grounds as determined by the Director of
Parks and Public Works.
16. LGCC shall contract, transport, provide and pay for restrooms and modem full feature
hand wash stations at a ratio recommended by rest room vendor. Restrooms shall be
delivered the morning of the Events and picked up the following morning prior to 10:00
a.m. unless a Special Encroachment Permit is obtained from the Town for the restrooms
to remain at designated location throughout the concert series. If a special encroachment
permit is obtained, LGCC shall pay an Encroachment Pemut Fee of $112.00 and any
annual adjustments thereto.
17. LGCC shall pay for extra trash/recycle/glass containers and pick up costs as determined
and required by the Town. LGCC shall be responsible for the cleanliness of the Grounds,
including the removal of trash -refuse not contained in any designated container before 42
Page 3 of 11
vacating the site for any single event. Should LGCC fail to perform adequate cleanup or
damage occurs to Town property, the Town will invoice LGCC at full recovery rates, plus
overhead for cleanup and repair.
18. LGCC shall be responsible for notifying neighboring businesses and residences within
300 feet of the Events, to address any concerns, prior to the first performance and provide
proof of notice to event coordinator. Town shall provide LGCC with names and addresses
of businesses and residences affected by this requirement.
19. LGCC shall provide signage posted in the audience area prohibiting blankets and other
items that might interfere with the Events. LGCC shall not allow the unattended staking
of any spots and will take action to prevent reservations prior to 3 p.m. on date of any
event. LGCC shall collect any articles in violation of this section, and relocate them to a
convenient area that does not obstruct the flow of foot traffic. (For the Los Gatos Park
Dance, this paragraph is waived).
20. LGCC shall not require the use of police officers outside their regularly scheduled
deployment. If possible, without disruption of ordinary police services or compromise of
public safety, regularly scheduled on -duty personnel will police the event. If additional
police are deemed necessary by the Chief of Police, he/she shall so inform LGCC. LGCC
shall have the duty to secure the protection deemed necessary by the Chief of Police, at
the sole expense of LGCC. Should the Event require extra assignment of police officers
to protect public safety, then LGCC shall compensate the Town at an hourly police officer
rate of $166.21.
21. LGCC shall not close any streets or parking spaces unless clearly designated on Exhibit
"A" or Exhibit `B".
22. LGCC shall limit advertising to the local region.
23. LGCC shall be responsible for any portion of Civic Center and Oak Meadow park that is
damaged by the act, default or negligence of LGCC, its agents, employees, contractors,
sub -contractors, patrons, guests, and will repair it or pay to the Town, within thirty (30)
days of written invoice, such actual and documented sum as shall be reasonably
necessary to restore the Civic Center and Oak Meadow Parks to its condition as received
by LGCC at the beginning of the Event Series, excluding normal wear and tear. In
connection with the repairs and/or restoration referenced herein, designated
representatives of the parties shall conduct a walk-through of pertinent areas of Civic
Center prior to the first Event and periodically during the Events and again after the last
Event. During the walk-through, the parties will assess and identify, as applicable, pre-
existing conditions that need to be repaired and maintained by the Town and any
damages, if any, that may have occurred during LGCC's use, and will consult and agree
in good faith as to what, if any, repair or restoration costs will be paid for by LGCC. In
regard to normal wear and tear, the Town acknowledges that the Civic Center Lawn and
Oak Meadow Park are significantly used the other six days of the week and this wear and
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Page 4 of 11
tear will be taken into account when assessing and identifying the condition of the Civic
Center Lawn and Oak Meadow Park. 10,�)
24. LGCC shall participate in a joint meeting with the Town following the 3rd concert to
assess suitability of current controls and the Town Manager has authority to add
additional requirements to the Events to protect the health and safety of the community. If
LGCC is unable to meet any additional requirements, the Town and LGCC will meet as
soon as possible to discuss workable remedies.
25. LGCC agrees that the Town Manager or his/her designee reserves the right to adjust any
of the above conditions based on the conduct at any of the Events, as well as based on
legitimate complaints received by the Town from the community at large regarding the
Events. The Town agrees that any adjustment of the above conditions constitutes a
change in this Agreement and must be feasible for LGCC to accomplish. If the any
conditions the Town adjusts are not feasible for LGCC, the parties shall meet to discuss a
workable remedy. If not possible, the particular Events in question may be cancelled by
either parry.
Town shall provide the following scope of services:
26. Town shall provide the use of Civic Center for all Music in the Park concerts.
27. Town shall provide the Lyndon Bandstand and the use of Oak Meadow Park for the Los
Gatos Park Dance.
28. Town shall provide and maintain a stage (in safe and useable condition) and electrical
power to the stage area by 11:00 am each Event day.
29. Town shall provide the use of the Council Chambers Lobby Area as a "green
room/staging area" for the bands LGCC hires for each of the Events (with the exception
of the Los Gatos Park Dance). LGCC agrees to pay the Town Attendant fee of $20.00 per
hour to open and then secure the building at the end of the Events unless other
arrangements are made with the Town. LGCC agrees to provide an attendant in the
Lobby Area during the Events to keep the public from entering the building and also to
provide clean up after the Events. Should LGCC fail to perform adequate cleanup or
damage occurs to Town property, the Town will invoice LGCC at full recovery rates, plus
overhead for cleanup and repair.
30. Town agrees to grant LGCC $6,000 per
Seasons). Payment of the $6,000 grant is
season in order to cover early expenses
money is collected.
annum (for each of the 2016 and 2017 MIP
due to LGCC not later than March 1' of each
before the season is announced and sponsor
31. Town shall provide LGCC with use of the parking spaces along Main Street adjacent to
the Civic Center lawn as set forth on Exhibit "A" beginning at 8 AM. on the day of each
Event for equipment unloading/loading, and sponsor parking/car displays etc. and use of
the civic center back parking areas/lots (for band and equipment staging and parking). "�44
Page 5 of 11
32. Town shall supply 2 generator powered halogen lighting trees for safety and comfort at
the Los Gatos Park Dance at no cost.
33. Town shall supply "A frame" signs to LGCC in the quantity necessary to properly secure
the areas named in paragraph 31 in sufficient time and at no cost to LGCC.
34. Town shall supply "A frame" signs to LGCC in the quantity necessary to properly secure
the areas needed for the Los Gatos Park Dance at no cost to LGCC.
35. Town shall supply and temporarily "install" without cost to LGCC the existing, Town
owned, removable "artificial turf" for the Los Gatos Park Dance to cover the dirt area
between the end of the dance floor that LGCC will have installed, and the stage.
36. Town shall work with LGCC to coordinate communication regarding and to promote the
Events on its municipal website and in the lobby of Town Hall.
37. Town shall allow LGCC to hang banners, with payment of an Annual Banner Fee (See
4.7), advertising the Event concert series. The duration, size and location of any banners
shall be subject to the Town Banner Policy and subject to the Town Manager's approval.
5. PROGRAM COORDINATION
The Town Manager or his /her designee shall be the Contract Manager for the Town and shall
render overall supervision of the progress and performance of this Agreement by the Town.
The Chairperson of LGCC, or a designated LGCC Board officer, shall be the Program Director
for LGCC, and shall have overall responsibility for the progress and execution of this Agreement
on its behalf. Should circumstances or conditions subsequent to the execution of this Agreement
require a substitute Program Director, the Town shall be notified immediately of such occurrence
in writing.
All notices or other correspondence required or contemplated by this Agreement shall be sent to
the parties at the following addresses:
6. REPORTING
M
TOWN:
Town Manager
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
LGCC:
(to be completed)
Page 6 of 11
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LGCC shall submit an annual report to the Town each year prior to October 1 on a Report Form
as provided by the Town and any relevant supporting documents shall be attached.
7. DEFAULT, CURE AND TERMINATION
LGCC shall be deemed to be in default of its obligations under this Agreement if the Contract
Manager determines that LGCC is providing services below the established minimum standard
of service set forth in this Agreement. In this event, LGCC shall be notified in writing and
provided the opportunity to cure the default by providing the Town with a plan for improvement
of services required of LGCC by this Agreement provided hereunder within ten (10) business
days of receipt of written notice of the Town's determination of a default. Said plan shall address
each and every service issue referred to in the Town's notice, providing the method for
improvement, an explanation, as necessary, for how the method will result in an improvement,
and a schedule for the actions necessary to ensure the planned improvement of services. The
Town shall review LGCC's plan for improvement and determine within ten (10) business days
after receipt of the plan and at its sole discretion whether the plan is satisfactory to cure the
default. In the Event the plan is not deemed satisfactory, the Town may, at its sole discretion,
suspend or cancel this Agreement without incurring any liability to LGCC.
In addition to the above paragraph, this Agreement shall automatically terminate without a right
to cure upon the occurrence of any of the following circumstances:
1. If LGCC (with or without knowledge) has made any material misrepresentation of any
nature with respect to any information or data furnished to the Town.
2. The existence of pending litigation against LGCC that may in any [Wanner affect its
ability to perform any of its duties or obligations under this Agreement.
3. LGCC taking any action requiring Town approval without first having obtained such
approval.
4. LGCC submits to the Town any reports that are purposely false or incomplete in any
material respect.
5. LGCC declares bankruptcy or otherwise indicates that it is no longer willing or able to
meet its obligations under this Agreement.
6. LGCC refuses to accept any additional conditions that may be imposed by federal or state
requirements.
7. The Town, at its sole discretion, determines there are imminent health and safety issues
involved with the Events.
8. ASSIGNABILITY AND INDEPENDENT CONTRACTOR REQUIREMENTS
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Page 7 of 11
The relationship of LGCC to the Town is that of an independent contractor. LGCC is responsible
for the results of its services and compliance with the terms of this Agreement. LGCC has full
rights to manage employees subject to the requirements of the law. All persons employed by
LGCC in connection with this Agreement shall be employees, contractors, or volunteers of
LGCC and not employees of the Town in any respect. LGCC shall be responsible for all
employee benefits, including, but not limited to, statutory workers' compensation benefits.
None of the work or services to be performed hereunder shall be subcontracted to third parties
without notice to the Town. All subcontractors are deemed to be contractors of LGCC, and
LGCC agrees to be responsible for their performance and any liabilities attached to their actions
or omissions.
This Agreement is based on the unique services of LGCC. This Agreement shall not be assigned
or transferred without the written consent of the Town. No changes or variations of any kind are
authorized without the written consent of the Town Manager. No changes of the Town's
responsibilities to LGCC are authorized without the written consent of LGCC.
9. COMPLIANCE WITH LAW
LGCC shall comply with all applicable laws, codes, ordinances, and regulations of governing
federal, state, and local laws, ordinances, codes, regulations, and decrees. Failure of LGCC to, in
any manner, observe and adhere to law as described herein or as amended shall in no way relieve
LGCC of responsibility to adhere to same and LGCC herein acknowledges this responsibility.
LGCC represents and warrants to the Town that it has, or will have, all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required to practice its
profession and to provide the services required hereunder, including all licenses necessary to use
and or display any artistic works in the performance of the services required by this Agreement.
LGCC represents and warrants to Town that LGCC shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required to provide its services, including all licenses necessary to
use and or display any artistic works in the performance of the services required by this
Agreement.
10. TERMS AND AMENDMENTS
Amendments to the terms and conditions of this Agreement shall be requested in writing by the
parry desiring such revision, and any such adjustment to this Agreement shall be determined and
effective only upon the mutual Agreement in writing of the parties hereto unless the
Amendments are made by the Town as corrective actions, in which case they will be adopted as
ordered.
11. LEGAL MATTERS
Page 8 of 11
47
This document, including Exhibits represents the entire and integrated Agreement between the
Town and LGCC, and supersedes all prior negotiations, representations, and agreements, either
written or oral.
The terms of this Agreement shall bind, and inure to the benefit of, the parties, their heirs,
successors, and assigns.
12. HOLD HARMi.ESS AND INDEMNIFACTION
LGCC hereby assumes full responsibility for the acts and conduct of all persons admitted to the
Civic Center and Oak Meadow during the Events and hereby releases and agrees to protect,
defend, hold harmless, and indemnify the Town, its Town Council, its officers, employees and
elected officials, boards and commissions, from and against all claims, injury, liability, loss, costs
and expense, or damage, however same may be caused, including all cost and reasonable
attorney's fees in providing the defense to any claim arising therefrom, for any loss or damage to
property (real and/ or personal) and for personal injury to or death of any person or persons
arising out of, occurring by reason of, or in any way connected with LGCC' s activities under this
Agreement, or in consequence thereof, except to the extent arising from the Town's or its
officers', agents', employees' or representatives' gross negligence, willful misconduct or
criminal act.
13. INSURANCE REQUIREMENTS
LGCC shall supply proof of General Liability (GL) insurance and Automobile Liability (AL)
insurance from an insurance company licensed to do business in the state of California and
having a financial rating in Best's Insurance Guide of not less than AA. Both the GL and AL
insurance will provide "occurrence" coverage against liabilities for death, personal injury or
property damage arising out of or in any way connected with the Events. Both the GL and AL
insurance will be in the minimum amount of $1,000,000.00 combined single limit, and will name
the Town and the Town officers, employees, agents, and registered volunteers as additional
insured under the coverage afforded. Such insurance will be primary and noncontributing with
respect to any other insurance available to the Town and will include a severability of interest
(cross -liability) clause.
Each insurance policy required in this item shall be endorsed to state that coverage shall not be
suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the Town. Current
certification of such insurance shall be kept on file at all times during the term of this agreement
with the Town Clerk.
In addition to these policies, Service Provider shall have and maintain Workers' Compensation
insurance as required by California law and shall provide evidence of such policy to the Town
before beginning services under this Agreement. Further, Service Provider shall ensure that all
subcontractors employed by Service Provider provide the required Workers' Compensation
insurance for their respective employees.
48
Page 9 of 11
A copy of the policy or a certificate of insurance along with an additional endorsement naming
the Town as an Additional Insured must be filed in the Town Clerks Office at least ten (10)
business days prior to the scheduled Events. The Additional Insured Endorsement, effective for
ongoing and completed operations, must be approved in advance by the Town.
14. MISCELLANEOUS PROVISIONS
This Agreement shall not be construed or deemed to be an Agreement for the benefit of any third
party or parties, and no third parry shall have any claim or right of action hereunder for any cause
whatsoever.
In case any one or more of the provisions contained herein shall, for any reason, be held invalid,
illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions
which shall remain in full force and effect.
Under no circumstances shall LGCC have the authority or power to pledge the credit of the
Town, or incur any obligation in the name of the Town. LGCC shall save and hold harmless the
Town, its Town Council, its officers, employees and boards and commissions from expenses
arising out of this Agreement.
In any dispute over any aspect of this Agreement, the prevailing parry shall be entitled to
reasonable attorney's fees, as well as reasonable costs.
Neither LGCC nor any of its subcontractors shall discriminate in the employment of persons
because of their race, color, national origin, sex, age, ancestry, sexual orientation, religion,
physical or mental disability, or marital status, unless based upon a bona fide qualification under
the California Fair Employment and Housing Act. Neither LGCC nor any of its subcontractors
shall discriminate in the provision of any services or programs because of race, color, national
origin, sex, age, ancestry, sexual orientation, religion, physical or mental disability, or marital
status, unless based upon a bona fide qualification under the California Fair Employment and
Housing Act.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
herein above set forth.
TOWN OF LOS GATOS
Laurel Prevetti
Town Manager
APPROVED AS TO FORM
Page 10 of 11
LOS GATOS COMMUNITY
CONCERTS
Ron Simmer
Chairman of the Board
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Town Attorney
Page 11 of 11
50