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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. 1 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. 2 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 3 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 4 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”.