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:
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Seasons Performance Han Agenda Statement al
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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 •
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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,
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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
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Seasons Music Yakima School District -08- res"l.rtf
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• 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
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.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.
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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
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and copying by the City during the term of this Agreement and for a period of three (3) years
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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.
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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
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• 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.
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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. .
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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.
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EXHIBIT "A"
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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.
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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.
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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.
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