HomeMy WebLinkAbout8.a. Community Band Service Agreement
EXECUTIVE SUMMARY
City Council Regular Meeting: December 15, 2020
AGENDA ITEM: Community Band Service Agreement AGENDA SECTION:
Unfinished Business
PREPARED BY: Logan Martin, City Administrator AGENDA NO. 8.a.
ATTACHMENTS: DRAFT Service Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Discuss partnership opportunities with the Rosemount
Community Band and interest in establishing a formal Service Agreement with the group.
BACKGROUND
Over the past year, staff has been in discussions with representatives of the Rosemount Community Band
on increasing our collaboration with the group. The group features a full concert band, a jazz ensemble,
and a few smaller groups. Typically, the group performs at the City’s Tree Lighting ceremony along with
community concerts and events throughout the year.
After the Council work session in October, staff has worked with the Band to solidify the specific areas of
support and partnership requested. Below is a summary of the main features of the attached Service
Agreement.
RCB Provides:
• RCB Concert Band holds approximately 5 concerts per year in Rosemount
• Genesis Jazz Ensemble holds approximately 2 concerts per year in Rosemount
• RAVE Brass Group holds various outdoor concerts at the Amphitheater, City events / festivals,
performances for senior facilities, etc.
City of Rosemount provides:
• Usage of rooms at the RCC or Steeple Center for periodic practices and concerts (up to 45 practices
and up to 8 concerts)
• Assistance printing / copying music (up to 4500 pages per year, equates a total value of $405)
• Continued exploration of insurance coverage extended to the Band (pending confirmation of this
option with LMC)
Both parties have discussed this agreement and find that it is prudent to establish this partnership in a formal
manner. The agreement will be reconsidered annually, as with the service agreements of other entities, and
adjustments can be made as needed after the first year.
RECOMMENDATION
Staff recommends that the City Council approve the attached Service Agreement with the Rosemount
Community Band, effective January 1, 2021.
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SERVICE AGREEMENT
BETWEEN THE CITY OF ROSEMOUNT
AND THE ROSEMOUNT COMMUNITY BAND
THIS AGREEMENT is made the ______ day of January 2021 by and between the City of
Rosemount, a Minnesota municipal corporation (hereinafter referred to as “City”) and
the Rosemount Community Band, a Minnesota Non- Profit 501(c)(3) and its subgroups (hereinafter
referred to generally as “RCB”);
WITNESSETH:
WHEREAS, for the past several years RCB has sponsored or co-sponsored a variety of
community music activities that have included concerts at the Holiday Tree Lighting, a spring concert and
other events for the benefit of the residents of Rosemount and surrounding areas of all levels of age,
social, financial, physical, and mental abilities; and
WHEREAS, the City Council of the City has determined that it is in the best interest of the City
and its citizens to promote the City and its businesses and to provide arts and cultural opportunities for its
residents contributing to the economy of the City by entering into an agreement with the RCB to conduct
community music and arts activities in 2021;
WHEREAS, the Rosemount Community Band will from time to time make permanent donations
of capital enhancements to the Steeple Center, Community Center, Central Park Amphitheater, and other
City venues with agreement of the City;
NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements
hereinafter set forth, it is agreed as follows:
1. The Rosemount Community Band will organize and conduct, in cooperation with the city staff,
arts and cultural activities listed in attachment A, and other similar events and activities, which
shall be conducted on various dates and in various locations, on dates to be agreed upon by
RCB and City staff, in accordance with practices and standards of other activities conducted in
past years.
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2. RCB shall be given preference in reserving permits for use of the facilities after all City events
are permitted. Services shall include the recruitment and managing of volunteers and
independent contractors as are necessary to conduct the RCB sponsored arts activities, and
shall include but not be limited to:
a. advertising and promotions including the design, production and distribution of
flyers, posters, and the development and installation of signs and banners; and
b. securing all necessary governmental permits and seeking approval of other required
City action; and
c. soliciting financial support from individuals, businesses and organizations including
sponsorships of certain events and grants; and
3. RCB will undertake the work of this agreement as an independent contractor, and RCB
officers, volunteers, independent contractors, and agents shall not be deemed agents or
employees of the City for any purposes including, but not limited to, income tax withholding,
workers’ compensation and unemployment compensation.
4. RCB will partner with the City to maintain liability insurance providing the following
coverages: Commercial general liability with personal injury limits of not less than $1,000,000
per occurrence and a general aggregate limitation of not less than $2,000,000. The City of
Rosemount will be named as additional insured on all such policies and proof of insurance will
be provided to the City.
5. As consideration for the services provided by RCB,
a. The City will allow RCB access to recreational facilities owned and operated by the
City such as Steeple Center, Community Center, Central Park Amphitheater, and other
City venues, at no cost to RCB. RCB will need to secure facility use permits and abide
by the policies set forth by the City for the use of said facilities. The City anticipates
that up to 45 rehearsals per year and up to 8 concerts per year will be hosted.
b. RCB will be permitted to use promotional flags and banners at the Steeple Center,
Community Center, and Central Park at no charge as allowed by City ordinances.
c. The City will print up to 4500 pages of music per year at the request of RCB. RCB will
ensure that all necessary copyrights are acquired to facilitate legal copying of purchased
music.
d. The City will consider future financial contributions to RCB upon request and as
practical. Examples include requested improvements to facilities, acquiring
commissioned pieces of music, etc.
e. The City will provide an opportunity for RCB to provide feedback on potential
improvement projects to the performance spaces it typically utilizes. RCB will not
retain design control or authority, it will simply be provided an opportunity to share
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perspective as an end-user.
6.. All services and activities conducted by RCB shall be on a nondiscriminatory basis and in
full compliance with all state and federal civil and human rights laws, regulations and
rulings.
7. Those possessing current peddlers/solicitors’ licenses cannot be part of the RCB activities
unless they have registered with RCB and have been approved by RCB’s Board of
Directors.
CITY OF ROSEMOUNT
By:_________________________________
William Droste, Mayor
By:_________________________________
Erin Fasbender, City Clerk
ROSEMOUNT COMMUNITY BAND
By:_________________________________
Chairperson
By:_________________________________
Treasurer
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Attachment A
List of Activities to be coordinated by RCB (with consideration given to the restrictions related to COVID-
19):
Rosemount Community Band (concert band) – The Rosemount Community Band hosts approximately 5
concerts per year in Rosemount and the surrounding area. Specific performances include the annual holiday
concert (or RAVE performance) at the City’s Holiday Tree Lighting, Christmas concert, a spring concert, and
summer concert.
Genesis Jazz Ensemble – The Genesis Jazz Ensemble performs approximately 2 concerts per year for the
community.
RAVE Brass Group – The recently established RAVE Brass Group is a smaller ensemble and intends to
provide outdoor concerts at the Rosemount Bandshell, entertainment at City events and festivals,
performances for senior living facilities, and other performances upon request.
Other events and exhibits as mutually agreed upon that support the RCB mission of “continuing music and
connecting community”.