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HomeMy WebLinkAboutR-1998-081 Allied Arts CouncilRESOLUTION NO. R-98 -81 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement between the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program for youth. WHEREAS, the City of Yakima needs a visual and performing arts program for youth; and WHEREAS, the Allied Arts Council of Yakima Valley has the experience and expertise necessary to provide said visual and performing arts 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 Allied Arts Council of Yakima Valley, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated "1998 Agreement between the City of Yakima and the Allied Arts Council of Yakima Valley" for the purpose of providing a visual and performing arts program for youth. ADOPTED BY THE CITY COUNCIL this 2nd day of June 1998. ATTEST: 4kni-it-eA Actijg City Clerk (1k)res/allied arts 98/pm ohn Puccinelli, Mayor 1998 AGREEMENT BETWEEN THE CITY OF YAKIMA AND ALLIED ARTS COUNCIL OF YAKIMA VALLEY THIS AGREEMENT is made and entered into by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City," and the Allied Arts Council of Yakima Valley, a non-profit corporation, herein referred to as "Allied Arts." WHEREAS, the City needs a visual and performing arts program for youth. WHEREAS, Allied Arts has the experience and expertise necessary to provide said visual and performing arts 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 Allied Arts as follows: 1. Services. The City and Allied Arts will provide visual and performing arts exposure through the ArtsVan Program, hereinafter referred to as "Program" in conjunction with the City's Summer Playground Program. The Program shall commence on the 6th day of July, 1998, and terminate on the 14th day of August, 1998. Special areas of responsibility for both the City and Allied Arts are contained and described in Exhibit "A," which is attached and hereby incorporated into this Agreement. 2. Consideration. The City agrees to compensate Allied Arts for services rendered hereunder Eight Thousand Dollars ($8,000.00) for the 1998 Summer ArtsVan Program. Allied Arts shall submit satisfactory documentation (invoices/billings) to the City Recreation Supervisor prior to payment. The City shall make the required disbursement to Allied Arts within thirty (30) days after receiving said documentation. 3. Term. The term of this Agreement shall commence on the 1st day of July, 1998, and terminate on the 30th day of September, 1998, unless sooner terminated in accordance with Section 17 of this Agreement. 4. Status of Allied Arts. Allied Arts and the City understand and expressly agree that Allied Arts is an independent contractor in the performance of each and every part of this Agreement. Allied Arts and its employees shall make no claim of City (Ik)agr-awed arts 98 -pm employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. Allied Arts 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, Allied Arts shall pay the same before it becomes due. 6. Nondiscrimination Provision. During the performance of this Agreement, Allied Arts shall not discriminate 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. 7. The Americans With Disabilities Act. Allied Arts agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), 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. 8. Compliance With Law. Allied Arts 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. 9. No Insurance. It is understood the City does not maintain liability insurance for Allied Arts and/ or its employees. 10. Indemnification and Hold Harmless. Allied Arts agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, agents, officers, employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from Allied Arts' performance and/or non- performance of this Agreement. (Ik)agr-allied arts 98 -pm 11. Insurance. a. Liability Insurance. On or before date this Agreement is fully executed by the parties, Allied Arts 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 (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). 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 companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Automobile Liability Insurance. On or before date this Agreement is fully executed by the parties, Allied Arts shall provide the City with a certificate of insurance as proof of automobile 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 (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy 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 companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Allied Arts 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 Allied Arts stated herein. (Ik)egr-allied arts 98 -pm 13. Damages. If for any reason Allied Arts fails to provide the services specified in this Agreement and the City is forced to secure such services from another person or entity, Allied Arts shall be liable for any and all additional expenses to fulfill its obligation to the City under this Agreement. This provision shall not serve as a limitation upon other damages that may be available to the City pursuant to statutory and/or common law. 14. 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. 15. Integration. This written document constitutes the entire agreement between the City and Allied Arts. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 16. Non -Waiver. The waiver by Allied Arts 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. 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: TO ALLIED ARTS: Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Executive Director Allied Arts Council of Yakima Valley 5000 West Lincoln Avenue Yakima, WA 98908 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. (Ik)agr-allied arts 98 -pm 19. 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 ALLIED ARTS COUNCIL OF YAKIMA VALLEY By: By: 717,d6, R. A. Zais, Jr., City Manager Its: -(11 \()) Date: ATTEST: --)( 9 vvc-6-1 City,clerk City Contract No. 98-66 Date: Resolution No. R-98-81 (110agr-a1hed arts 98 -pm EXHIBIT "A" AREAS OF RESPONSIBILITY 1. The City of Yakima Parks and Recreation Division shall: A. Promote the ArtsVan Program in its 1998 Summer Program Guide. B. No later than September 30, 1998, meet with the Executive Director of Allied Arts to evaluate the 1998 Summer Program and make recommendations for future offering. C. Pay Allied Arts Council services within thirty (30) days after receiving the itemized invoice/bill. 2. The Allied Arts Council shall: A. On or before March 25, 1998, provide the City's Recreation Supervisor a schedule of classes containing: class titles, times, dates, locations, contents/ themes and the name of the class instructor. B. Use its best efforts to make City residents aware of the ArtsVan Program and its schedule of classes. C. Provide classes in visual and performing arts at eight (8) City park locations to be determined by the Recreation Supervisor by April 1, 1998. D. Coordinate its class schedule and family cultural performances with the City's Recreation Supervisor by March 25, 1998. E. Provide a minimum of two (2) family cultural performances in the parks. One of these performances may be in conjunction with the Festival in the Park, and the second will be in conjunction with the Franklin Park Summer Sunset Concert Series. F. Provide once a week (6 total) evening "ArtsVan in the Park" for families to be located at Franklin Park. Hours to be determined by March 25, 1998. Art classes shall not be less than two (2) hours in length. (]k)agr-allied arts 98-ps G. Select the content of its classes and family cultural performances; however, there shall be an emphasis on individual participation in the ArtsVan activities. H. Open each class to the general public with special emphasis on children; each class shall not be less than two (2) hours in length. I. Provide all necessary visual and performing arts materials and supplies in sufficient quantities for individual class participants. J. Use motor vehicle vans which distinctly displays the words "ArtsVan" on their exteriors. K. Provide to the City's Recreation Supervisor an itemized invoice/billing which clearly states where the monies are projected to be spent per each location by September 30, 1998. L. Provide a written program evaluation and review to the City's Recreation Supervisor by September 30, 1998. Contained within this report are: class attendance figures, age and sex of participants, and ethnic mix per location. Also to be included, are any observations or recommendations as to how the program can be improved on in the future. M. Provide a written financial report to the City's Recreation Supervisor by September 30, 1998, which specifically illustrates how much we actually spent per location per program. (lk)agr-allied arts 98 -pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / i / A For Meeting of June 2, 1998 ITEM TITLE: 1998 Agreement Between the City of Yakima and the Allied Arts Council of Yakima Valley SUBMITTED BY: Chris Waarvick, Acting Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols 575-6020 SUMMARY EXPLANATION: Attached is the 1998 Agreement between the City of Yakima and the Allied Arts Council for a free summer visual and performing arts program. The program will include regular visits to City parks for youth activities, a weekly evening art class for families at Franklin Park, and at least two cultural performances. Allied Arts has provided arts training in City parks for over 10 years. Resolution x Ordinance — Contract _ Other (Specify) Agreement Funding Source 1998 Parks and Recreation Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approval of the attached Resolution and Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: