HomeMy WebLinkAboutR-2001-078 Allied Arts Council AgreementRESOLUTION NO. R-2001-78
A RESOLUTION authorizing the City Manager 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
V44-11 1114 1 LyJAX
The City Manager is hereby authorized and directed to execute the attached
and incorporated "2001 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 15th day of May, 2001.
7
ATTEST: Ma lace, Mayor
C-
►'YL
City Clerk
(1k) MW arts 01 /pm
2001 AGREEMENT BETWEEN
THE CI'T'Y 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 9th day of July, 2001, and terminate on the 17th day of August, 2001.
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 Five Thousand Three Hundred Thirty -Three Dollars ($5,333.00) for the 2001
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, 2001,
and terminate on the 30th day of September, 2001, unless sooner terminated in
accordance with Section 17 of this Agreement.
4. Independent Contractor 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, as an independent
contractor, assumes the entire responsibility for carrying out and accomplishing the
services required under this Agreement. Additionally, and as an independent
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contractor, Allied Arts and its employees 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 Allied Arts or any
officer, employee or agent of Allied Arts and the City.
5. Right to Inspect and/or Audit Financial Records. Allied Arts shall maintain
records and documents necessary to assure the proper accounting of all funds paid to
Allied Arts 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 and copying by the City during the term
of this Agreement and for a period of three (3) years 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 Allied Arts under this Agreement, Allied Arts 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. 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.
7. Nondiscrimination Provision. During the performance of this Agreement,
Allied Arts 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.
8. The Americans With Disabilities Act Allied Arts agrees to comply with the
Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 etet� (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. 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.
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10. No Insurance. It is understood the City does not maintain liability insurance for
Allied Arts and/or its employees.
11. Indemnification and Bold Harmless. Allied Arts shall defend, indemnify,
and hold harmless the City, its elected officials, agents, officers, and employees from
and against all claims, 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 resulting from Allied Arts' performance or non-performance of the
services, duties and obligations required of it under this Agreement.
12. 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.
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13. 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.
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 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.
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 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
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TO ALLIED ARTS: 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 or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
20. 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
B J
R. A. Zais, Jr., City Manager
Date: 5-/(0- 0 l
ATTEST:
��V'A
- d --
City Clerk 5-1&-o t
City Contract No. 2001-52
Resolution No. R-2001-78
Page - 5
ft).g-llim.'.01�pm
ALLIED ARTS COUNCIL OF
YAKIMA VALLEY
Its:cr
Date:_ j'1 • 6 1
EXHIBIT "A"
AREAS OF RESPONSIBILITY
1. The City of Yakima Parks and Recreation Division shall:
A. Promote the ArtsVan Program in its 2001 Summer Program Guide.
B. No later than September 30, 2001, meet with the Executive Director of
Allied Arts to evaluate the 2001 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 May 1, 2001, 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 (S) City park
locations to be determined by the Recreation Supervisor by May 1, 2001.
D. Coordinate its class schedule and family cultural performances with the
City's Recreation Supervisor by May 1, 2001.
E. Provide once a week (6 total) evening "ArtsVan in the Park" for families to
be located at Franklin Park. Hours to be determined by May 1, 2001. Art
classes shall not be less than two (2) hours in length.
F. Select the content of its classes and family cultural performances;
however, there shall be an emphasis on individual participation in the
ArtsVan activities.
G. Open each class to the general public with special emphasis on children;
each class shall not be less than two (2) hours in length.
H. Provide all necessary visual and performing arts materials and supplies in
sufficient quantities for individual class participants.
Use motor vehicle vans which distinctly displays the words "ArtsVan" on
their exteriors.
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, 2001.
K. Provide a written program evaluation and review to the City's Recreation
Supervisor by September 30, 2001. 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.
L. Provide a written financial report to the City's Recreation Supervisor by
September 30, 2001, which specifically illustrates how much we actually
spent per location per program.
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Look for the ArtsVan
in the parks again this summer.
Its free drop-in program provides children
with opportunities to explore their potential for creativity.
This year ArtsVan will have adventures
in collage, moveable sculpture, sand painting,
prints, stained glass and animated flip books!
Day
10 -noon.
Mon
Southeast Community Center
S. 8th and Arlington
Tue
Franklin Park
S. 21st Asve. And neton Dr.
Wed
Gardner Park
Pierce St. and Cornell Ave.
Thur
Milroy Park
N. 16th and Lincoln
Fri
Wapato City Park
900 block, S. Camas
1-3 pm
Randall Park
44th Ave. south of Nob Hill
McGuinness Park
14th and Swan Ave.
Miller Park
N. 4th and "E" St.
Kiwanis Park
Fair Ave. and E. Maple
Terrace Heights School
4209 Terrace Heights Dr.
Family Night ArtsVan Program 2001
6:30-8:30 pm, Thursdays
Franklin Park
Participate in these free, drop-in activities that can be reproduced at home.
Activities will cater to two- to 12 -years -olds and will give the whole family
a fun opportunity to create art and memories together.
July 12: Thumbelina Hats
July 19: Camelot Castles
July 26: Alice in Wonderland Insects
Aug. 2: Mulan Fish Kites
Aug. 9: Lion King Masks
Aug. 16: Aladdin Scratch Board
For more information. about ArtsVan activities, contact Allied. Arts, 966-0930.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No .'
For Meeting of: May 15, 2001
ITEM TITLE- Resolution Authorizing an Agreement with the Allied Arts Council of
Yakima Valley for Summer Arts Activities Program for Youth
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 2001 Agreement between the City of Yakima and the Allied Arts Council,
which provides $5,333 for a free summer Arts Van program. The program will include regular
weekly visits to City parks for visual and performing youth arts activities and a weekly evening
art class for families at Franklin Park. This is a continuation of a program that Allied Arts has
provided for over a decade.
Resolution X Ordinance Other (Specify) Agreement
Contract X Mail to (name and address): Elizabeth Miller, Director Allied Arts
Council 5000 West Lincoln A venue. Yakima WA 98908 Phone: 966-0930
Funding Source: 2001 Parks d Recreation Bud et - 5 333
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Staff respectfully suggests adoption of the proposed
resolution authorizing execution of the attached agreement between the City of Yakima and
the Allied Arts Council of Yakima for a summer art program.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-78
ONN,-- ArtsVan -An Enchanted Tale
Sponsored by Bank of America���,
EveningFamily ArtsVan
a
FREE ,� July 12 -August 16
Thursday Evenings, 6.30 8.30 PM F�
Franklin Park Tieton Drive & 20th Ave. '1�16#\,
Use the Multiple Intelligences as a vehicle to awaken the Creative Intelligences of
your family. You can participate in art activities that can be reproduced at home.
These activities will cater to two to twelve year-olds alike, while giving families a fun
opportunity to create art, and to create memories together. The Allied Arts ArtsVan
Family Night Project is a free, drop-in program for kids and their caregivers!
JULY 12 Thumbelina Hats
Every fairy in the magical kingdom must have a hat! Come create
fantastical headwear fit for only the finest gnomes and fairies.
JULY 19 Camelot Castles
The knights of the roundtable (when not out on incredible adventures)
lived in castles of splendor. Design and create your own castle, complete
with moats and towers!
JULY 26 Alice in Wonderland Insects
Ever met a purple caterpillar? Let you imagination spin a new breed of
centipede, ant or spider... Produce wiggling creations to take home!
AUG 2 Mulan Fish Kites
Use authentic Chinese symbols to garnish black kites of fish. Write a
message with meaning and display it at home'
AUG 9 Lion King Masks
Roar with ferocity ... and look like you mean it! Design and construct
mellow meowing lions or beasts of the jungle, either dimension is sure to
be a hit!
AUG 16 Aladdin Scratch Boards
Abracadabra! Make the genie appear from nowhere! Make a colorful
design with as much creativity as you can muster!
j� Allied Arts Council of Yakima Valley
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The Great Ones- the introduction of artists of the past to artists of the future Through the focused art
program provided by Allied Arts ArtsVan 2001 and the mentorship provided by its staff of artists, children
will learn an appreciation and respect of their surrounding and 'Lille materials later ia!s foul id inside the home ie so that
students may repeat and expand provided lessons, incorporating their own personal visiufls al -10
perceptions
The Allied Arts Summer ArtsVan Project is a free, drop-in program which provides Yakima Valley children
an opportunity to explore the possibilities of the arts as well as their own unique potential for creativity.
WEEK 2 Moveable Sculpture with Debbie Sundlee- Unique puppets inspired by Calder are sure to
July 16-20 entertain long after the details are completed!
WEEK 3 Sand Painting with Nancy Evans- Vincent Van Gogh used incredible textures and
July 23-27 vibrant hues in his renowned paintings. Create your own self -inspired Van Gogh
sand painting, fit to hang in the Musse de ®rsey in Vincent's own gallery.
WEEK 4 Prints with Holli Bredin. Picasso was an accomplished artist as a child, and you can
July 30 -Aug 3 be too! Use the principles of positivelnegative space to first design and then print your
own artwork!
WEEK 5 Stained Glass with Ellie Carrithers You too can use color and shape like Marc Chagall!!
Aug 6-10 Use tissue paper to construct your own colorful creations!
WEEK 6 Animated Flip Books with Carmen Peterson: Mickey Mouse! Donald Duck! Walt
n.._
nuyeno �' BAr Minw n kr-,i noMM nC \A/oii 57C inn artiCt Whn rCr�/ra..r.^n..n�.n.i.t..in.n
v,IVII. GV.u.....G...
.
Design and animate a character of your own in the style of the true master of cartoon!
4101
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2001 Summer ArtsVan
Sites
A�r•
DA`(
10:00 am - 12:00 noon
1:00 PM - 3:00 PM
®
Monday
Southeast Community Ctr
Randall Park
®
So. 8th St. & Arlington
44th Ave. South of Nob Hill
•
Tuesday
Franklin Park
'&
McGuinness Park
®
So 21 st Ave Tieton Drive
1400 block of Swan Ave.
Wednesday
Gardner Park
Miller Park
•
Pierre St & Cornell Ave
No 4th -St & "F" St
FREE
®
Thursday
Milroy Park
Kiwanis Park
•
N. 16th Ave & Lincoln
Fair Ave. & E. Maple
e
Friday
Wapato City Park
Terrace Heights School
®
900 Block, S Camas
4209 Terrace Heights Dr.
WEEK 1
Colla e with Pete Sotelo Experience shapes with s011'ro. Experiment with shape and
.July 9-13
collage to create your own masterpiece!
WEEK 2 Moveable Sculpture with Debbie Sundlee- Unique puppets inspired by Calder are sure to
July 16-20 entertain long after the details are completed!
WEEK 3 Sand Painting with Nancy Evans- Vincent Van Gogh used incredible textures and
July 23-27 vibrant hues in his renowned paintings. Create your own self -inspired Van Gogh
sand painting, fit to hang in the Musse de ®rsey in Vincent's own gallery.
WEEK 4 Prints with Holli Bredin. Picasso was an accomplished artist as a child, and you can
July 30 -Aug 3 be too! Use the principles of positivelnegative space to first design and then print your
own artwork!
WEEK 5 Stained Glass with Ellie Carrithers You too can use color and shape like Marc Chagall!!
Aug 6-10 Use tissue paper to construct your own colorful creations!
WEEK 6 Animated Flip Books with Carmen Peterson: Mickey Mouse! Donald Duck! Walt
n.._
nuyeno �' BAr Minw n kr-,i noMM nC \A/oii 57C inn artiCt Whn rCr�/ra..r.^n..n�.n.i.t..in.n
v,IVII. GV.u.....G...
.
Design and animate a character of your own in the style of the true master of cartoon!
4101