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HomeMy WebLinkAbout02/19/2008 14 Yakima School District 2008 Music Education Program Agreement with Seasons Performance Hall • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 `f For Meeting of: Feburary 19, 2008 ITEM TITLE: Consideration of a Resolution authorizing the 2008 Agreement with Seasons Performance Hall for a 2008 Music Education Program for Yakima School District Students. SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON /TELEPHONE: Denise Nichols, 575 -6020 SUMMARY EXPLANATION: Attached is the 2008 Agreement between the City of Yakima and Seasons Performance Hall for a music education program for Yakima School District students for 2008. This program provides $8,500 for a music education program. This is the first year for this request. Funding for this program was approved during the 2008 Budget process. • Resolution X Ordinance Other (Specify) Agreement Mail to (name and address): Ellie Strosahl, 201 North Naches Avenue, Yakima, WA 98901 Funding Source: 2008 Parks & Recreation Budget- $8,500 APPROVED FOR SUBMITTAL: � City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing the City Manager of the City of Yakima to execute the 2008 Agreement between the City of Yakima and Seasons Performance Hall to provide a Music Education Program for Yakima School District youth. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: • Seasons Performance Han Agenda Statement al • • • RESOLUTION NO. R -2008 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and Seasons Music Hall, to provide a music education program for Yakima School District youth. WHEREAS, the City of Yakima needs a music education program for youth; and WHEREAS, the Seasons Performance Hall has the experience and expertise necessary to provide said music education programs and agrees to perform these services for the City under the terms and conditions set forth in the attached agreement; and • • WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with the Seasons Performance Hall, now, therefore, • • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and • incorporated "2008 Agreement between The City of Yakima and Seasons Performance Hall" for the purpose of providing -a music education program for Yakima School District youth. ADOPTED BY THE CITY COUNCIL this 19U day of February, 2008. ATTEST: • David Edler, Mayor City Clerk • • Seasons Music Yakima School District -08- res"l.rtf /. • 2008 AGREEMENT BETWEEN THE CITY OF YAKIMA AND SEASONS PERFORMANCE HALL THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation, herein referred to as "City," and Seasons Performance Hall, . herein referred to as "Seasons." WHEREAS, the City desires a music education program for youth. WHEREAS, Seasons has the experience and expertise necessary to provide said music education program and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Seasons as follows: 1. Services. Seasons will provide a music education program for elementary and secondary students in the Yakima School District at all levels of mastery, which will be III conducted by professional musicians. The music education program will partner with the Yakima School of Art and Yakima Valley Community College (YVCC) Gear -up Project. City funds will be used to hire a part -time person to implement the program: City funds will be used to leverage additional funds for this project and is .considered seed dollars to start up the music education program. Special areas of responsibility for both the City and Seasons are contained and described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 2. Program Objectives. Program goals are a) to improve the music skill levels of participating student through a structured program conducted by professional musicians and b) to provide access to quality music to students that would not otherwise be exposed to jazz, classical, and folk and to encourage them to take music lessons. Musicians of the highest caliber perform at Seasons on a regular basis, and most are also educators. The program will utilize this professionalism by developing a music education program for all students that will compliment regular school programs. The program will be developed in conjunction with the Yakima School of Art and the YVCC music department. As funds would allow, Seasons has provided music clinics for students, and the project is modeled on these successful activities. Yakima school age students have a unique opportunity to learn music from successful professionals in jazz, classical, and folk, which is usually a very strong motivator. Most musicians that perform at Seasons are also certified music instructors, and the project will 0 enable them to impart their skills to Yakima students. The project will also provide students the opportunity to perform on stage before live audiences, perhaps the best education. Many of 1 .the people performers are also le of color and will be role models for many of the students in • Yakima. Seasons has developed the building blocs for this project, but funds are needed to hire a person to implement the program plan, including raising funds for professional services fees. In other words, the program will become self - sufficient by the end of 2008. • As noted, the actual curriculum and schedules will be developed in conjunction with school music educations, but the format will be as follows: educational clinics, hands -on workshops, individual instruction, and general introduction sessions. The program will also provide students the opportunity to perform before live audience, sometimes with performing artists. This will take the form of performances -at Seasons' popular noon series, and at least one major evening concert, featuring student bands, performance groups, and individuals. It is expected that participating students will significantly - improve their music skills as measured by pre and post test and observations. The project will also result in a structured music program conducted by professional musicians, which will enhance the school music education programs,.especially at the Yakima School of Art. 2. Consideration. The City agrees to compensate Seasons for services rendered hereunder the sum of not more than Eight Thousand and Five Hundred Dollars ($8,500). Seasons shall submit satisfactory documentation (invoices /billings) to the City Parks and Recreation Manager, and the City shall make the required disbursement to Seasons within thirty (30) days after receiving said documentation. 3. Term. The term of this Agreement shall commence on the 5th day of February 2008, and terminate on the 31st day of December 2008, unless sooner terminated in accordance with Section 17 or Section 18 of this Agreement. 4. Independent Contractor Status of Seasons. Seasons and the City understand and expressly agree that Seasons is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/ or agent of Surveyor shall act on behalf of or represent him or herself as an agent or representative of the City. Seasons, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Seasons expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. Seasons and its officers, employees, volunteers, agents and /.or subcontractors 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 Seasons and the City. 5. Right to Inspect and/or Audit Financial Records. Seasons shall maintain records and documents necessary to assure the proper accounting of all funds paid to Seasons pursuant to this Agreement. The City or any of its duly authorized representatives shall have a right to • access such records and documents for the purpose of making an inspection, an audit and/ or copies. All such records and documents shall be retained and available for inspection, audit 2 • • . and copying by the City during the term of this Agreement and for a period of three (3) years pY g following the termination of this Agreement. In the event that any such inspection or audit identifies any discrepancy in the accounting of funds paid to Seasons under this Agreement, Seasons shall provide the City with appropriate written clarification and financial adjustment within thirty (30) calendar days of notification from the City of the discrepancy. 6. Taxes and Assessments. Seasons 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, Seasons shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, Seasons shall not discriminate in violation of any applicable federal, state-and /or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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. . • S. The Americans With Disabilities Act. Seasons agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti- discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 9. Compliance With Law. Seasons agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations • adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. . 10. No Conflict of Interest. Seasons covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Seasons further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 11. No Insurance. It is understood the City does not maintain liability insurance for Seasons and /or its employees. 12. Indemnification and Hold Harmless. Seasons shall protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, and employees from and against any and all claims,. demands, losses, liens, liabilities, penalties, fines, lawsuits, 0 causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or in any way connected with the activities of Seasons related to this Agreement. 3 • 13. Insurance. a. Liability Insurance. On or before date this Agreement is fully executed by the parties, Seasons shall provide the City with a certificate of insurance as proof of liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state 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, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause 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 a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. b: Industrial Insurance. Seasons shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, Seasons shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. • c. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Seasons 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 Seasons stated herein. 15. 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. 16. Non Waiver. The waiver by Seasons or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 18. Termination/Reduction of Services Due to Withdrawal, Reduction or Limitation of Funding. In the event that funding from any source is withdrawn, reduced and /or limited in any way after the effective date of and prior to completion of this Agreement, the City may unilaterally reduce the scope of services, work and compensation of this Agreement, or • surrunarily terminate this Agreement notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon hand delivery or delivery 4 • • by facsimile of a written notice of termination to Seasons, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to Seasons, whichever is sooner. 19. Survival. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement 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 or hand delivered to the parties to their addresses as follows: TO CITY: Parks and Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 TO SEASONS: Ellie Strosahl 101 N. Naches Avenue 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. Third Parties. The City and Seasons are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, . or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. • 22. Integration and Supersession. 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. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 24. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. . 25. Authority. The person executing this Agreement on behalf of Seasons represents and warrants that he or she has been fully authorized by Seasons to execute this Agreement on its • behalf and to legally bind Seasons to all the terms, performances and provisions of this Agreement. . . 5 CITY OF YAKIMA SEASONS PERFORMANCE HALL By: By: R. A. Zais, Jr., City Manager Print Name: Date: Title: Date: ATTEST: City Clerk City Contract No. Resolution No. • 6 EXHIBIT "A" • AREAS OF RESPONSIBILITY 1. The City of Yakima Parks and Recreation Division shall: A. Help promote the Music Education Program and provide additional assistance, if possible. B. No later than December 1, 2008, meet with Seasons to review and make • recommendations for future City funding and involvement. • C. Pay Seasons within 30 days of receiving an invoice for service. • 2. The Seasons shall: A. On or before May 1, 2008, provide the City's Parks and Recreation Manager a project status report listing information including classes offered, number of - participants, schools served, and so forth. • B. Use its best efforts to make City residents aware of the Music Education Program and its schedule of classes. List "City of Yakima" as a co- sponsor on . promotional materials. C. Provide a written program evaluation and review to the City's Parks and Recreation Manager no later than December 1, 2008. Contained within this report are: a list of classes, dates, instructor, times, locations, and attendance figures. Also to be included are any observations or recommendations as to how the program can be improved on in the future. D. Provide a written financial report to the City's Parks and Recreation Manager no later than December 1, 2008, which specifically illustrates how much was actually spent.on the Music Education Program. • • • •