1993-149-Execute Amendment To Agreement By And Between The Town And The Los Gatos Museum AssociationRESOLUTION 1993 -149
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AMENDMENT TO AGREEMENT BY AND BETWEEN
THE TOWN OF LOS GATOS AND
THE LOS GATOS MUSEUM ASSOCIATION
FY 1993 -94
WHEREAS, TOWN has appropriated funds for allocation to the Los Gatos
Museum Association (LGMA) which provides services to Town of Los Gatos residents; and,
WHEREAS, the TOWN COUNCIL authorized the Town Manager to execute
an agreement amendment with the LGMA by Resolution No. 1993 -97 on July 5, 1993; and
WHEREAS, LGMA is unable to provide the number of art exhibitions at the
Tait Avenue Museum that were specified for 1993 -94 services of the LGMA; and
WHEREAS, the TOWN COUNCIL is willing to reduce that number of art
exhibitions because of LGMA's workload and efforts to ensure quality exhibitions;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE AS FOLLOWS: The Town Manager is authorized and
directed to execute an Amendment to Agreement with the Los Gatos Museum Association
as provided in Resolution No. 1993 -97 except that the number of art exhibitions to be
provided by the Association may be reduced from 9 to 6 for the 1993 -94 funding year.
C S D08: A. \ RESOS \CS 110193.149
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 1st day of November, 1993, by the following
vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin, Mayor Joanne Benjamin
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
?�OR OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
CSD08* \RES0S \CS110193.149 2
9.1, 85
ATTACHMENT 1
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AMENDMENT TO AGREEMENT BY AND BETWEEN
THE TOWN OF LOS GATOS AND
THE LOS GATOS MUSEUM ASSOCIATION
FY 1993 -94
WHEREAS, TOWN has appropriated funds for allocation to the Los Gatos
Museum Association (LGMA) which provides services to Town of Los Gatos residents; and,
WHEREAS, the TOWN COUNCIL authorized the Town Manager to execute
an agreement amendment with the LGMA by Resolution No. 1993 -97 on July 5, 1993; and
WHEREAS, LGMA is unable to provide the number of art exhibitions at the
Tait Avenue Museum that were specified for 1993 -94 services of the LGMA; and
WHEREAS, the TOWN COUNCIL is willing to reduce that number of art
exhibitions because of LGMA's workload and efforts to ensure quality exhibitions;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE AS FOLLOWS: The Town Manager is authorized and
directed to execute an Amendment to Agreement with the Los Gatos Museum Association
as provided in Resolution No. 1993 -97 except that the number of art exhibitions to be
provided by the Association may be reduced from 9 to 6 for the 1993 -94 funding year.
CSD08 * \RES0S \CS110193.ROt
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 1st day of November, 1993, by the following
vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
I_\Y.`111► \III
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08 A: \RESOS \CS110193.R01 2
A
1H
REC.
6iD.
AMENDMENT TO AGREEMENT FOR COMMUNITY SERVICES ATTACHMENT 2
BY AND BETWEEN THE TOWN OF LOS GATOS
AND THE LOS GATOS MUSEUM ASSOCIATION
FISCAL YEAR 1993 -94
This AMENDMENT TO AGREEMENT is entered into this 1st day of July, 1993,
and is effective as of the 1st day of July, 1993 by and between TOWN OF LOS
GATOS, a municipal corporation ( "TOWN ") and THE LOS GATOS MUSEUM ASSOCIATION
( "CONTRACTOR ").
WHEREAS, TOWN and CONTRACTOR executed an Agreement for Community Services
on July 1, 1991;
WHEREAS, TOWN and CONTRACTOR executed an Amendment to Agreement for
Community Services on July 1, 1992;
WHEREAS, the Town Council has approved an allocation of funds for Fiscal
Year 1993 -94 to CONTRACTOR;
AGREEMENT:
IT IS THEREFORE AGREED by the parties as follows:
1. Term of the contract be extended from July 1, 1993, to June
30, 1994.
2. Replace Exhibits B and C, Part I, of the 1992 Agreement
Amendment with Exhibits B and C, Part I, attached.
3. Replace second paragraph of WITNESSETH section, page 1, of the
1991 Agreement with the following: WHEREAS, TOWN desires to
engage CONTRACTOR, and TOWN has appropriated funds not to
exceed $20,250.00 (Twenty Thousand, Two Hundred Fifty Dollars),
to be utilized during the time period between July 1, 1993,
and June 30, 1994, for the purpose of meeting the goals and
objectives outlined in EXHIBIT B, "SCOPE OF SERVICES"
(hereinafter PROGRAM), operating within the TOWN OF LOS GATOS
from facilities located at 75 Church Street, and benefitting
Los Gatos residents.
4. Replace Payments to CONTRACTOR of the 1992 Agreement Amendment
with the
following:
Quarterly Statement & Performance Report Due
Payment
Date
First Quarter
(July - Sept.)
Oct.
15,
1993
October
22, 1993
Second Quarter
(Oct. -Dec.)
Jan.
14,
1994
January
28, 1994
Third Quarter
(Jan.- March)
April
15,
1994
April 22,
1994
Fourth Quarter
(April - June)
July
15,
1994
July 29,
1994
5. Replace Section II. OBLIGATION OF CONTRACTOR, paragraph G,
Purchasing l.c, of the 1991 Agreement with the following:
All other personal property, supplies, and equipment purchased
pursuant to this Agreement and not consumed shall become
property of TOWN and shall revert to TOWN at end of contractual
arrangement with the TOWN. TOWN may elect at its sole option
to decline to take title to all or any part of these items.
6. Replace Section VIII. ASSIGNABILITY AND INDEPENDENT CONTRACTOR
REQUIREMENTS, paragraph A. of the 1991 Agreement with the
following:
A. The relationship of CONTRACTOR to TOWN is that of an
independent contractor. CONTRACTOR is responsible for the
results of its PROGRAM and compliance with the terms of this
Agreement. CONTRACTOR has full rights to manage its employees
subject to the requirements of the law. All persons employed
by CONTRACTOR in connection with this Agreement shall be
employees of CONTRACTOR and not employees of TOWN in any
respect. CONTRACTOR shall be responsible for all employee
benefits, including, but not limited to, statutory workers'
compensation benefits.
7. Replace Section XV. CHANGES , of the 1991 Agreement with the
following:
This Agreement is based on the unique services of CONTRACTOR.
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.
2
TOWN is not liable for any CONTRACTOR expenses incurred after
closing date of contract.
8. Replace Section XVI. MISCELLANEOUS PROVISIONS, paragraph E,
Disputes, of the 1991 Agreement with the following:
In any dispute over any aspect of this Agreement, the
prevailing party shall be entitled to reasonable attorney's
fee, as well as all reasonable costs (not limited to those
allowed by statute), but not to exceed $5,000 in total.
9. Replace Section XVI. MISCELLANEOUS PROVISIONS, paragraph F,
Nondiscrimination, of the 1991 Agreement with the following:
Neither the CONTRACTOR 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, medical
condition, or marital status, unless based upon a bona fide
qualification under the California Fair Employment and Housing
Act.
Neither the CONTRACTOR 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,
medical condition, or marital status, unless based upon a bona
fide qualification under the California Fair Employment and
Housing Act.
10. The terms and conditions of the original Agreement and the
1992 amendment, except as herein expressly amended, shall
remain in full force and effect.
3
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Agreement for Community Services on the date written above, effective July 1,
1993.
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
CSDO1: F: \Contract \muswm. wm
4
TOWN OF LOS GATOS:
David W. Knapp
Town Manager
LOS GATOS
Ethel Wor.
Executive
75 Church
Los Gatos
MUSEUM ASSOCIATION:
wCT, �
1
Director
Street
CA 95032
Chatham Forbes, President
Board of Directors
II
SCOPE OF SERVICES
FISCAL YEAR 1993 -94
AGENCY: LOS GATOS MUSEUM ASSN
I. PROGRAM GOALS AND OBJE TIV S•
NEW MISSION: The Los Gatos Museum Association is dedicated
to enhancing community life through saving
and sharing our local and regional history,
natural science and visual arts.
PURPOSE AND GOALS:
The Los Gatos Museums have been established
to collect, preserve, exhibit and interpret
artifacts and materials for the whole commun-
ity of Los Gatos and the area.
Three Disciplines - Natural History, the
Visual Arts and Regional and Local California
History, promote access to and growth of
educational and cultural resources for
community members of all ages.
DIRECT SERVICES:
A. EXHIBITIONS: Change exhibitions in art 6 times a year.
Change exhibitions in history 4 times a
year.
Change exhibitions in natural history
once a year.
B. VOLUNTEERS: Provide opportunity of Los Gatos residents
and others to serve the communitiy by volun-
teering in a variety of capacities through
recruitment, training and management.
C. NEWSLETTERS: Prepare and distribute a newsletter three
times annually listing upcoming public pro-
grams, lectures, receptions and annual
exhibition schedule. Prepare and distribute
one Annual Report in accordance with out
bylaws.
D. GRANTS: Write three grants, annually, and pursue fund-
ing through memberships and donations.
E. FUNDRAISERS: Hold two fundraising events and implement
fundraising projects through museum rental,
enlarged book and gift shop and commissions
on paintings for sale during exhibitions.
Community Grant
Page 1 of 4 CSD14:A: \C0ITRACT \CDWEX.93
EXHIBIT B, SCOPE OF SERVICES FISCAL YEAR 1993 -94, Cont'd/
F. DOCENTS: Develop and implement plan for recruiting,
training, managing and maintaining a docent
pool at the needed number.
G. MEMBERSHIP:
Maintain membership of at least 230 members.
H. HOURS OF OPERATION:
The museums shall be kept open as posted.
Public will be admitted free of charge except
when defined in the Association Administra-
Policies. Association shall employ its
best efforts to conform to the hours of
public access.
I. ATTENDANCE:
Maintain attendance of at least 4,600
persons annually for both facilities.
III. INDIRECT SERVICES:
A. Provide information to visitors and to community
members through use of our archives.
B. Promote museum activities, programs and special
events through local media and regional news-
papers and magazines.
C. Provide video tapes featuring oral histories of
Los Gatos and special events of the Museum
Association to Channels 6 and 11.
D. Use of museums for meeting places for community
groups.
IV. SPECIAL PROJECTS:
A. For one month in fiscal year 1993 -94, track actual
attendance versus guest book sign -in to develop
a probable pattern of actual visitors.
B. Special docent recognition program annually, in
the Spring.
C. The Town Council grant to the Los Gatos Museum
Association is contingent on the Board of Directors
matching the $20,250 by June 30, 1994. The first
half of the match ($10,125) due by December 31,
1993 in order for the Los Gatos Museum Association
to be eligible for the 3rd and 4th quarter pay-
ments.
Page 2 of 4
DF c— ERVI Fc
EISCAI. yp�o_ lyy3 94
II.
A. Total number of unduplicated Los
Gatos residents to participate in
III. DIRECT CPUtlrncn
A.
B.
C.
D,
E.
F.
G.
H,
I
IV
Exhibitions: Number of
exhibits installed:
Art
History
Natural Science
Volunteers: Number of
Newsletters: Distributed
Quarterly
Grants: Number of grants to
be written and submitted
Fundraisers: Number of fund-
raising events held or
projects implemented
Docents: Number of docents
trained and in pool
Members: Number of members
Hours of Operation :,Number
of hours. Forbes Mill 12 noo
to 4:00 p.m. Wed. thru Sun.
Los Gatos Museum (Tait) 12
noon to 4:00 p.m. Wed.thru S n
Attendance: 4,600
INDIRECT SERVIGEC TO RR
P84VIDED TO i —mac A`TOC�
r
A. Information and Referral:
NO -of Inggiries Answered
B. Publicity: Number of
press releases issued
Quarterly Services Goals
zW ILA jLb Annucl To��_1s
1 1
1
1 1
4 1
230
20 Hrs.
5 5
25 25
6
4
1
34 +
1 3 r*
1 2
1 3
3 2 10
250
week y 1,240 Annu lly
4,600
6 1 4 1 20 ***
5 25 100
C.
m I
iry Grant
*Including Board Members x �tOMi""`��00k" #+
** Annual report to be distributed
Varies throughout in accordance with bylaws.
* ** year — estimate,
Page 3 of 4
Due to the reduced hours of the Staff through funding cuts,
the Board of Directors has assumed the following responsi-
bilities:
1. Raising matching grant funds of $20,250. The first
half ($10,125) due on December 31, 1993.
2. Scheduling, training and evaluating volunteers and the
docent program.
3. Taking the major responsibility for writing the news-
letter.
4. New member development.
5. Managing the facilities.
Page 4 of 4
SOURCE
INCOME
EXHIBIT C.
BUDGET
1.
TOTAL ALLOCATION
ORGANIZATION OF FUNDS
ACTUAL PROGRAM BUDGET (IN DOLLARS)
1992 -93 1993 -94 1993 -94
TOWN OF LOS GATOS
OTHER CITIES
STATE
FEDERAL I.M.S.Grani
OTHER MUNICIPALITIES
MEMBERSHIPS
$ 35,341
9,33
$ 20,250
440
9,000
1,000
$ 20,250
FOUNDATION GRANTS
FEES FOR SERVICES
FUND RAISING,
9,94
16,000
DONATIONS (CASH)
1,04
1,250
DONATIONS (OTHER)
2,74
RESERVE CONTINGENCY
FUND
ALL OTHER (LIST)
INTEREST
27
300
COMMISSIONS
62
500
BOOKS & GIFTS
-
------- ------- -
96
1,000
RENTALS
--------------- -----
25
$ 60,511
250
$ 49,990
$ 20,250
TOTAL INCOME
NOTE: ALL AMOUNTS SHOULD BE ROUNDED TO THE NEAREST DOLLAR
Page 1 of 2
CSD14:A: \C0NTRACT \CD8GE %.93
• y : 9
EXPENSES
CAPITAL
EXPENSES
EXHIBIT C.
BUDGET
1.
ALLOCATION
TOTAL OF FUNDING
ACTUAL PROGRAM BUDGET (IN DOLLARS)
1992 -93 1993 -94 1993 94
NOTE: ALL AMOUNTS SHOULD BE ROUNDED TO THE NEAREST DOLLAR
Page 2 of 2
CSD14:A: \C0NTRACT \C08GEX.93
PERSONNEL
41,779
31,590
SUPPLIES
1,624
1,000
Newsletter
700
1,100
COMMUNICATIONS
Membership Dev.
2,006
1,050
PRINTING /ADVERTISING
266
400
Postage
1,421
1,000
UTILITIES
Telephone & Water
994
1,050
SPACE RENTAL
EQUIP. RENTAL
TRAVEL (LOCAL)
550
500
Exhibitions
3,386
3,386
3,700
TRAVEL (OTHER)
Board Meetings
25
50
CONTRACTUAL SERVICES
Prof. /Consl.Fees
208
1,250
Dues /Subscription
449
450
Seminars /Training
318
400
INSURANCE
1,005
1,700
Contingencies
593
500
MISCELLANEOUS
Fundraising
5,46
1,000
EQUIPMENT
Books & Gifts
79
250
SUBTOTAL EXPENSES
61,58
47,490
CAPITAL OUTLAY
1,23
BUILDINGS /Storage/
Security
64
7500
EQUIPMENT
SUBTOTAL EXPENSES
1,87
2,800
TOTAL EXPENSES AND
CAPITAL OUTLAY
63,45
3,386
49,990
NOTE: ALL AMOUNTS SHOULD BE ROUNDED TO THE NEAREST DOLLAR
Page 2 of 2
CSD14:A: \C0NTRACT \C08GEX.93
i
1f
f �
TOWN of LOS GATOS
MEMORANDUM
ATTACHi TENT 3
DATE: May 14, 1993
TO: Mayor 6 Town Council
FROM: Arts Commission
SUBJECT: CONSIDER ARTS COMMISSION RECOMMENDATION REGARDING ALLOCATION OF
COMMUNITY GRANT FUNDS FOR FY 1993 -94
1. Allocate Arts /Cultural /Educational Community Grant funds as follows:
Art Docents of Los Gatos,Inc. Recommends_
d_dia
S 9,600
Los Gatos Chamber Orchestra
4,000
Los Gatos Museum Association
35,000
Photographic Guild of Los Gatos
500
San Jose. h
S ymp /Music in the Sch.
1,700
Silicon Valley Arts Fund
11000
Villa Montalvo Center for the Arts
11000
Young Audiences of San Jose, Inc.
1,000 .
Youth Science Institute
6.000
TOTAL
$59,800
Revised R aom
$ 6,000
2,000
20,250
300
0
0
0
750
40
$31,240
The Commission reconsidered grant allocations on May 13, 1993, to meet the
$31,240 determined available for FY 1993/94. Cuts are being made Town -wide in
an attempt to maintain traditional services.
The Commission's process ranked the proposals according to Town's identified
Priorities for funding which include groups serving the largest number of local
participants and involving the largest number of local volunteers. The
Commission also made an effort to support as many different art forms as
Possible, providing balance and variety in the resources available to the
community. New programs were not recommended for funding. A narrative summary
of the recommendations follows:
Cl" IC CENTER • 110 FA,5T MAIN STREET • P.U. BOX 949 • LOS GATOS. CALIFORNIA 95031
Mayor and Town Council
May 14, 1993
Page 2
1. _Visu_ al Arts:
•Art Docents of Los Gatos, Inc.
The Town has funded the agency for several years; this has assisted
the agency in achieving economic stability. The reduced grant
allocation is due to budgetary constraints. The Committee encourages
the Art Docents to further pursue fundraising through their
established structure. The recommended funding equals 50% of its
request.
*Photographic Guild of Los Gatos
The Guild's Junior Competition is a Los Gatos tradition which the
Committee wishes to continue to support. The program is volunteer
supported. The Committee applauds the Guild's noteworthy
exhibitions. The recommended funding equals 60% of its request.
2. Musical A=
r
*Los Gatos Community Chamber Orchestra
It is recommended that this organization be granted $2,000.00 for
three concerts and two performances at Town functions. The Committee
commends the Orchestra's work and encourages it to continue its
successful fundraising. It is recommended that the contract be
performance -based and that entrance fees be collected as donations \.
and be reduced for seniors and children. The recommended funding
equals 20% of its request.
*San Jose Symphony/Music in the Schools Program
To meet budget cuts the agency would have received a grant less than
r $1,000. This would nor be worthwhile to the agency and is therefore
not recommended for funding.
3. Performin¢ Arts;
eYoung Audiences of San Jose
A grant of $750 is recommended. The agency provides important multi-
cultural experiences for children.
*Villa Montalvo Center for the Arts
This is a new request and not recommended for funding.
4, Educ atic
•Los Gatos Museum Association
The Commission recommends fundir. it $20,250 contingent on the
raising of $20,250. It is the Boar.. a responsibility to raise funds
to provide for professional curatorial services in all three areas.
During the next grant year, the agency will be required to: increase
Publicity to assure attendance of 4,600 annually, present a minimum 1
Mayor and Town Council
May 14, 1993
Page 3
of nine Art Exhibits at the Tait Avenue Museum, have a minimum of
four Historical Exhibits at the Forbes Mill Museum, and require each
facility be open to the public at least 20 hours per week. The Board
must match half the grant by December 31, 1993. The Executive
Director may raise additional funds.
*Youth Science Institute
It is recommended that funding be granted based on their continued
excellent services to the families and youth of the community.
5. Other:
*Silicon Valley Arts Fund
This is a new request and not recommended for funding.
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