HomeMy WebLinkAbout01/05/2010 19 YSO Agreement for Youth Music Programs (Yakima Symphony Orchestra) BUSINESS OF THE CITY COUNCIL
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1 YAKI MA, WASH I NGTON
AGENDA STATEMENT
Item No, i cl
For Meeting of January 5, 2010
ITEM TITLE: A Resolution authorizing execution of an agreement with the Yakima Symphony
Orchestra (hereafter "YSO") for the purpose of providing music educational
opportunities and programs for youth in the community and enhancing
Yakima's quality of life.
SUBMiTTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks & Recreation Manager
CONTACT PERSON/TELEPHONE: Chris Waarvick, Director of Public Works, 575-6005
Ken Wilkinson, Parks & Recreation Manager, 576-6416
SUMMARY EXPLANATION:
On December 1, 2009, the City Council, through motion, approved a request from the Yakima
Symphony Orchestra (YSO) for support to provide music programs for youth in 2010, and for
YSO to be paid $5,000 in exchange for its services. YSO will submit two invoices, one for the
first quarter and one for the second quarter. As described in the attached agreement, YSO
will provide a number of music educational programs for youth in the fourth through twelfth
4110 grades including, but not limited to, ensembles traveling to schools and playing for fourth
grade students; musical performances on a day in May where approximately 3,000 students
are brought by their schools to the Capitol Theatre for a 45-minute concert; and a
collaboration with Seattle Opera where an opera written and adapted for elementary school
children is brought to a school in the Yakima Valley each year. The programs and services to
be provided are described in the agreement.
YSO is a nonprofit corporation registered with the Washington Secretary of State and has
501(c)(3) tax-exempt status with the IRS. YSO provides musical entertainment and
education, and has been active in the Yakima community for over forty years.
. .
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address): Noel H. Moxley, Executive Director, Yakima
Symphony Orchestra, 32 N. Third Street, Suite 333, Yakima, WA 98901 Phone: 248-1414
Funding Source General Fund
APPROVED FOR SUBMITTAL: if4 64%-vi( Ac.,,'' City Manager
STAFF RECOMMENDATION Adopt Resolution.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
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RESOLUTION NO. R-2010-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
Agreement with the Yakima Symphony Orchestra (hereafter "YSO") for
the purpose of providing music educational opportunities and programs
for youth in the community and enhancing Yakima's quality of life.
WHEREAS, the City Council of the City of Yakima desires to enhance the quality of life
in Yakima, provide positive music educational opportunities for youth in the community, and
build a safe community for its citizens; and
WHEREAS, the YSO is an independent, non-profit corporation that is committed to
improving the community by providing musical entertainment and education, and YSO has
been active in the Yakima community for over forty years;
WHEREAS, the City wishes to utilize the skill, experience, and expertise of YSO to
assist in enhancing Yakima's, quality of life; and
WHEREAS, the YSO staff possess skills, experience and expertise in the development
of musical programs, including music educational programs for youth, which will contribute to
the quality of life in the community and will contribute to positive opportunities and programs
for youth, thus enhancing community well-being and a safe community; and
WHEREAS, the City and the YSO wish to enter into an Agreement for one year, with a
0 term of January 1, 2010 to December 31, 2010; and
WHEREAS, the YSO represents that it has the expertise necessary and is willing to
perform the services in accordance with the terms and conditions of the Agreement; and
WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to
authorize the City Manager to execute an Agreement with the Yakima Symphony Orchestra for
the purpose of providing positive educational opportunities for youth in the community and
enhancing the quality of life in Yakima; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council authorizes the City Manager to execute an Agreement between the
City of Yakima and Yakima Symphony Orchestra (UYSO") for the purpose of providing music
educational opportunities and programs for youth in the community and enhancing Yakima's
quality of life.
ADOPTED BY THE CITY COUNCIL this 5 day of January, 2010.
Mayor
ATTEST:
City Clerk
S AGREEMENT BETWEEN THE
CITY OF YAKIMA
AND
YAKIMA SYMPHONY ORCHESTRA
THIS AGREEMENT (hereafter "Agreement") is made and entered into by and between
the CITY OF YAKIMA (hereafter "City"), a Washington municipal corporation, and the YAKIMA
SYMPHONY ORCHESTRA (hereafter "YSO"), a Washington non-profit corporation.
WHEREAS, the City Council of the City of Yakima desires to enhance the quality of life
in Yakima, provide positive educational opportunities for youth in the community, and build a
safe community for its citizens; and
WHEREAS, the YSO has provided musical entertainment and education for many and
has been active in the community for over 40 years, and is a nonprofit corporation under
section 501(c)(3) of the Internal Revenue Code; and
WHEREAS, the City wishes to utilize the skill, experience, and expertise of YSO to
assist in enhancing Yakima's quality of life; and
WHEREAS, YSO staff possesses skills, experience and expertise in the development
0 of musical programs, including musical educational programs for youth, which will contribute to
the quality of life in the community and will contribute to positive opportunities and programs
for youth, thus enhancing community well-being and a safe community; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and YSO as follows:
1. SCOPE OF SERVICES. YSO will maintain a professional staff and will provide
professional services to the City and shall dedicate its best efforts for the purpose of
enhancing the quality of life in Yakima and building a safe community for its citizens through
music educational programs for youth. YSO's efforts under this Agreement shall conform to all
applicable federal, state, and local laws, and to all standards of professional skill, competence
and care in the music educational profession. YSO will provide music educational programs
for youth, and foster opportunities for youth to be exposed to music. YSO's services to the
City shall include, but not be limited to, planning and implementation of the following music
programs for youth:
a. Educational Musical Outreach Program for Fourth Grade Students — Three
ensembles of brass, string and woodwinds will travel to schools in the City of
Yakima to play for fourth grade students so the students are familiar with the
instruments the year before they may choose a musical instrument to study
in band and orchestra in fifth grade.
b. Capitol Theatre Musical Performance for Fourth and Fifth Grade Students in
May — In May approximately 3,000 students will be brought to the Capitol
Theatre by various schools to hear families of instruments of brass, string
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and woodwinds play together in a 45-minute concert designed especially for
fourth and fifth grade students.
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c. Guest Musical Artists — YSO will introduce guest musical artists to youth
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through recitals and master classes.
d. Collaboration with Seattle Opera on Opera for Elementary School Children —
YSO's partnership with Seattle Opera provides the opportunity to bring an
opera written and adapted for elementary school children to a school in the
Yakima Valley each year.
e. Student Ticket Prices Available for All Concerts — The YSO offers student
ticket prices to all concerts in order to make the concert experience available
to as many students as possible.
2. PERIOD OF PERFORMANCE. The period of performance under this Agreement will
be one year, commencing at 12:01 a.m. on January 1, 2010, and continuing until midnight on
December 31, 2010, unless earlier terminated by either party in accordance with Section 18 of
this Contract.
3. COMPENSATION, METHOD OF PAYMENT, REPORTING. Total compensation for
this contract shall not exceed Five Thousand Dollars ($5,000.00) during the contract period
beginning January 1, 2010, as approved in the 2010 City of Yakima budget. YSO has
represented that its work in connection with the services and activities described in Section 1,
"Scope of Services" above is performed and accomplished between January 1 and June 30 of
each year. YSO shall receive reimbursement at the end of the first and second quarters of the
year for its services performed within the preceding quarterly period. The annual
compensation of $5,000 shall be paid by the City to YSO in two equal installments of $2,500
each in two three-month intervals. The first invoice for services performed from January 1
through March 31 shall be submitted by YSO to the City on or before April 15 of the year, and
YSO's second invoice for its services performed from April 1 through June 30 shall be
submitted by YSO to the City on or before July 15, 2010. Each of YSO's invoices shall include
a description of the services performed during the applicable quarter, and any reimbursable
costs and expenses incurred in connection with such services.
YSO also shall submit one annual report to the City detailing accomplishment of the
above services and work performed through June 30 of the year as specified in Section 1,
"Scope of Services" above. YSO's annual report detailing work and services performed
through June 30 shall be due on or before July 15, 2010.
4. TAXES AND ASSESSMENTS. YSO shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but not
limited to, federal income tax, FICA, social security tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or assessed
against either party as a result of this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, YSO shall pay the same before it becomes due.
5. ESTABLISHMENT AND MAINTENANCE OF RECORDS. YSO shall maintain accounts
and records, including personnel, property, financial, and program records, and such other
records as the City may deem necessary, including a system •of internal controls and
accounting systems which conform to generally accepted accounting principles and auditing
standards. This is to ensure proper accounting for all funds provided under this Agreement.
0 All such records and documents shall be retained by YSO and be available for inspection,
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III audit and copying by the City during the term of this Agreement and for a period of three (3)
1 years following the termination of this.Agreement.
6. AUDITS AND INSPECTIONS.
a. YSO shall provide access of facilities to the City, the state and/or federal agencies
or officials at reasonable times to monitor and evaluate the services provided under this
Agreement. The City will give advance notice to YSO in the case of fiscal audits, pertaining to
the services provided under this Agreement, to be conducted by the City.
b. Records and documents pertaining to services provided under this Agreement shall
be subject at all reasonable times to inspections, review, or audit by the City and/or duly
authorized federaVstate officials, including but not limited to, the Washington State Examiner.
The City will give advance notice to YSO in the event an inspection of records is required,
which may include a quarterly on-site audit and inspection of financial records.
c. If YSO has its annual financial statement audited by an independent certified public
accountant during the period of this Agreement, one copy of such audit shall be provided to
the City.
7. REVIEW AND EVALUATION. YSO agrees to cooperate with the City or its agent in the
City's annual review and evaluation of YSO's perforrnance under this Agreement and to make
available all information reasonably required for any such evaluation process.
0 8.
INSURANCE. Commercial General Liability Insurance: On or before the effective date
of this Agreement, YSO shall provide the City with a certificate of insurance as proof of
commercial general liability insurance in the amount of One Million Dollars ($1,000,000.00)
combined single limit bodily injury and property damage that clearly states who the provider is,
the amount of coverage, the policy number, and when the policy and provisions provided are - .
in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall
• name the City of Yakima, its elected officials, officers, agents, employees and volunteers as
additional insureds, and shall contain a dause that the insurer will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice (any
language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company or companies rated A-
V!l or higher in Best's Guide and admitted in the State of Washington. If the City is damaged
by the failure of YSO to maintain the above insurance or to so notify the City, then YSO shall
bear all costs attributable thereto.
9. INDEMNIFICATION. YSO shall defend, indemnify, and hold harmless the City, its
officers, elected officials, employees and agents from and against any and all claims, causes
of action, damages, losses, and expenses of any kind or nature whatsoever, including but not
limited to, attomey's fees and court costs, arising out of, relating to, or resulting from YSO's
performance or non-performance of the services, duties and obligations required of it under
this Agreement.
10. NONDISCRIMINATION. During the performance of this Agreement, YSO shall not
discriminate in violation of any applicable federal, state and/or local law or regulation on the
• basis of age, sex, race, creed, religion, color, national origin, marital status, disability,
honorably discharged veteran or military status, pregnancy, sexual orientation, and any other
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classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer; recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this Agreement.
11. PROHIBITED ACTS. YSO shall use all consideration provided under this Agreement
solely to pay for labor, equipment, materials, and overhead in its operations and for the
services to be provided by YSO as described in Section 1, "Scope of Services". It shall not use
such consideration as loans, grants, or gifts to public or private entities for any purpose
whatsoever. Violation of the provision of this Section shall be cause of immediate termination
of this Agreement, notwithstanding any other provision contained herein, and YSO shall repay
to the City any funds transferred in violation of this Section.
12. INDEPENDENT CONTRACTOR STATUS OF CITIZENS. YSO and the City
understand and expressly agree that YSO is an independent contractor in the performance of
each and every part of this Agreement. YSO, as an independent contractor, assumes the
entire responsibility for carrying out and accomplishing the services required under this
Agreement. Additionally, and as an independent contractor, YSO and its employees shall
make no claim of City employment nor shall claim against the City any related employment
benefits, social security, and/or retirement benefits. Nothing contained herein shall be
interpreted as creating a relationship of servant, employee, partnership or agency between
YSO or any officer, employee or agent of YSO and the City.
13. INTEGRATION. This Agreement sets forth all of the terms, conditions, and agreements
of the parties relative to the subject matter hereof and supersedes any and all such former
agreements which are hereby. declared terminated and of no further force and effect upon the
execution and delivery hereof.
14. MODIFICATIONS. Either party may request modifications to this Agreement but no
proposed modifications to this Agreement shall be valid or binding upon either party unless
such modification is in writing and executed by both parties.
15. ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned or
transferred in whole or in part by YSO to any other person or entity without the prior written
consent of the City. In the event that such prior written consent to an assignment is granted,
then the assignee shall assume all duties, obligations, and liabilities of YSO stated herein.
16. NON-WAIVER. The waiver of either the City or YSO of the breach of any provision of
this Agreement by the other party shall not operate and/or be construed as a waiver of any
subsequent breach by either party or prevent either party thereafter enforcing such provision.
17. SEVERABILITY. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
18. TERMINATION. This Agreement may be terminated, with or without cause, prior to the
date specified above in Section 2, by written notice from either party to the other thirty (30)
days in advance of the termination. In the event of termination, the amount of compensation
shall be prorated monthly to the nearest full month of service.
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0 19. SURVIVAL. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreernent and shall be binding on the parties to this Agreement.
20. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing
and sent to the parties to their addresses as follows: .
TO CITY: „ R. A. Zais, Jr.; City Manager .
City of Yakima
128 N. Second Street
Yakima, WA 98901 .
TO YSO: Noel H. Moxley, Executive Director .
Yakima Symphony Orchestra
32 North Third Street, Suite 333
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
21. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
II 2 2. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA YAKIMA SYMPHONY ORCHESTRA
By By
Richard A. Zais, Jr., City Manager . Noel H. Moxley, Executive Director
Date: Date:
ATTEST:
1 By
City Clerk
City Contract
No.:
Resolution
No.:
411
5
STATE OF WASHINGTON )
411
) ss.
COUNTY OF YAKIMA
I hereby certify that I know or have satisfactory evidence that Noel H. Moxley is the
person who appeared before me, and said person acknowledged that she signed this
instrument, and on oath stated that she was authorized to execute the instrument and
acknowledged it as the Executive Director of the Yakima Symphony Orchestra to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this day of , 2010.
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires:
6
CI TY OF
2010 MAJOR POLICY ISSUE
e OUTSIDE AGENCY
YAKIMA SYMPHONY ORCHESTRA.
BUDGETED / UNBUDGETED
1
PROPOSAL
This proposal is an outside agency request to provide financial support in the amount of $10,000 to
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the Yakima Symphony Orchestra.
IMPACTS
PE
a. Fiscal Impact - Non-personnel: S10,000 2009 Budget
5,000 linbudgeted
$5,000 2010 Proposed Budget IIN
As recommended by the Council Budget Committee, this is 50% of the amount approved by
City Council in the 2009 budget. 111
b. Proposed Funding Source - General Fund.
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c. Public Impact - Provide entertainment and education for the community.
0
d. Personnel Impact -- None.
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e. Required Changes in City Regulations or Policies — None.
PE1
f. Legal Constraints, if applicable — None.
fl.
,
g. Viable Alternatives — None.
CONCLUSION AND/OR STAFF RECOMMENDATION . ,,..
This is a Council policy decision. _
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36 — Outside and Intergovernmental Agencies • Policy Issues E i
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1 SUPPLEMENTAL INFORMATION
YAKIMA SYMPHONY ORCHESTRA
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•
----'1V-
* i'm Ya rola
..... .
1 S boq 32 No. 3rd St., #333 • Yakima, WA 98901 •
II Or estra 509-248-1414 • FAX 509-457-0980
. . .
October 7, 2009
il BOARD OF DIRECTORS
Frecutive Committee: City o f r
Doug Petem Yakima Dept of Finance & Budget
President 129 North Second Street
Jim Meyer
Yakima, WA 98901
111 ViCt President
Gwen Chaplin
Secretary
Charles Hansel Attn: Rita DeBord
Treasurer
111 James Flint
Neal Lessenger
Dear Rita:
Members at Large .
John Rossrneissl
Past President In the 2009 year the city of Yakima supported the Yakima Symphony Orchestra
1 Dirctors:
Maureen liaison Education Outreach Program with S10,000. We are again requesting support for this
Jim Black program in 2010 and understand that the amount will be $5,000.
Horn Christensen 410
Sandra Dahl
Fred Erickson
Bunker Frank When 1 started with the YSO ten years ago we were taking our ensembles into only 7
•
schools in just the Yakima School District. Last season we visited 22 schools from
Ice Ketterer
Rob Lowrence-Berrey Grandview to Selah but this season the outlook is bleak as we face cutbacks as well.
Natalie Martinkus
• Tcp Menard We have been able to expand this program in the past with the help of several
Carinne MuTh.V corporate sponsors: Weyerhaeuser, Washington Mutual Bank, USBancorp
Ann Orminsla
Heather H. Powc/1 Foundation and PacifiCorp Foundation for Learning as well as the City of Yaldrria.
Janice Richards As we all know Weyerhaeuser and Washington Mutual are no more and the impact of
• Sbren Singel, M.D.
Susan Tninpl e that lost funding is huge to our program. Also at our late season fund raiser each year,
Mary Wright
we do a paddle raise for education that usually yields several thousand dollars but that
Yakima Youth also is in question this season. We do receive help front both the Yakima School
1 Symphony Orchestra
Ubbl, Kopczynski Moors District and ESD 105 for the student concert. One bit of good news is that four years
Yakima Symphony ago the ESD received a Federal Department of Education Grant to help with all arts
Chorus education and even though that grant has now expired it was recently announced that
I Ma ni Win 1er/cid
a new grant has been secured. Our goal is to NOT have a goal — there is no limit to
what we can do as long as we have the money to support the activity. We would love
to add 3 or 4 schools each season. Then we could send out multiple ensembles at the
1 same time — strings to one set of schools and brass to another. Perhaps we could have
multiple groups of like instruments go out —2 or 3 string ensembles all out at the
same time covering all schools in one week.
I We have reached a point now that we can't take the ensembles out during the same
week we are rehearsing a concert as it is just too much for the musicians so we are
I now scheduling different weeks. This of course costs rn.ore as the musicians are not
in town and have to be brought back for this purpose. Also two years ago we started
to comply with the Classroom Based Assessments so the students can be evaluated on
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I what they have learned. That means the music we play is not necessarily just what
the musicians feel like playing but instead music that can be arranged to meet the .
1 Policy Issues • Outside and Intergovernmental Agencies— 37
11/ ELARS for the state. That means there is a meeting of the "leaders" of each
ensemble to determine the music and then there is one rehearsal before they head out
to the schools - more money!
The cost for ensembles during our last fiscal year was an approximate $9000. The
payroll costs for the student concert (3000 students in the Capitol Theatre in May)
was upward of $8,500. The cost to rent the theatre is $950 and the labor costs
approximately $1850. Then there is the cost of music, our stage manager and our
administration cost.
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As you can determine, it is expensive to take music to our schools but we feel it is
critical to the well being of our valley students. This year all of our schools are facing
huge budget cuts and it is going to be even more important for us to help plug some 11
of those holes in the arts. In 2008, data revealed that 44% of elementary schools
across the country were cutting arts related classes to make room for additional math
and language arts, despite extensive research that tells us arts in school has a highly 1111
positive impact on students' motivation, engagement and developmental
competencies - highly prized in today's world. We make every penny count and will
continue to do as much as we possibly can with the money we raise specifically for
education. Our fiscal year is July 1 to June 30:
Recently Mrs. Obama spoke in support of arts education saying, "We believe strongly
that the arts aren't somehow an extra part of our national life but instead we feel that
the arts are at the heart of our lives. It is through our music, our literature, our art,
drama and dance that we tell the story of our past and we express our hopes for the
future..."
Thank you for your continued interest in supporting music in our schools and
suppo m ise heal ' and well being of our students. They are our future!
Sincer1y,.
r /
Lt_
H. Mwdey
Executive Director
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38 - Outside and Intergovernmental Agencies • Policy Issues