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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 37 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. 38 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. X40 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 41 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 43 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 45 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 46 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 49 Town Attorney Page 11 of 11 50