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HomeMy WebLinkAboutR-2002-087 2002 Allied Arts Council of Yakima Valley Agreement (re: Arts Van)RESOLUTION NO. R-2002-87 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 YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "2002 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. ADOP 1'ED BY THE CITY COUNCIL this 2nd day of July, 2002. tZ ATTEST: City Clerk (Ik)res/stied arts 02/pm Ma ace, Mayor 2002 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 8th day of July, 2002, and terminate on the 16th day of August, 2002. 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 Dollars ($5,300.00) for the 2002 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 lst day of July, 2002, and terminate on the 30th day of September, 2002, 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 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. Page - 1 (Ik)agr-allied arts 02 -pm 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 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. 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. 10. No Insurance. It is understood the City does not maintain liability insurance for Allied Arts and/or its employees. 11. Indemnification and Hold 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. Page - 2 (Ik)agr-atlied arts 02 -pm 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. 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 Page - 3 (Ik)agr-allied arts 02 -pm 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: 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 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. Page -4 (lk)agr-allied arts 02 -pm CITY OF YAKIMA ALLIED ARTS COUNCIL OF YAKIMA VALLEY By: R. A. Zais, r., City Manager Date: 7� ATTEST: City Contract No. o?00a - 6 0 Resolution No. Page - 5 (Ik)agnalhad arts 02 -pm By: Its: Date: 7/1/0.— EXHIBIT "A" AREAS OF RESPONSIBILITY 1. The City of Yakima Parks and Recreation Division shall: A. Promote the ArtsVan Program in its 2002 Summer Program Guide. B. No later than September 30, 2002, meet with the Executive Director of Allied Arts to evaluate the 2002 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, 2002, 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 May 1, 2002. D. Coordinate its class schedule and family cultural performances with the City's Recreation Supervisor by May 1, 2002. 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, 2002. 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. I. Use motor vehicle vans which distinctly displays the words "ArtsVan" on their exteriors. J. 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, 2002. K. Provide a written program evaluation and review to the City's Recreation Supervisor by September 30, 2002. 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, 2002, which specifically illustrates how much we actually spent per location per program. Page - 7 (Ik)agr-allied arts 02 -pm r1 EM i rULE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item N4 AI o/q��� C For Meeting of: July 2, 2002 Resolutions Authorizing Agreements for Parks and Recreation Programs with Outside Agencies as Approved During the City's 2002 Budget Process SUBM1T1'BD BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of three resolutions authorizing execution of agreements with the following outside agencies: 1. Allied Arts Council of Yakima Valley for a summer arts activities program for youth. This program provides $5,300 for a free summer Arts Van program, which 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. Allied Arts has provided this program for over a decade. (Continued on next page) Resolution X Ordinance Other (Specify) 2002 Outside Agencies Agreements Contracts X Mail to (name and address) : See attached Agreements Funding Source: Parks and Recreation Budget (Service Unit) APPROVED FOR SUBMITTAL : City Manager STAFF RECOMMENDATION: Staff respectfully requests adoption of three resolutions authorizing execution of three agreements for Parks and Recreation programs for 2002 with (1) Allied Arts, (2) The Salvation Army, and (3) YVCC. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: A) Resolution adopted. RESOLUTION NO. R-2002-85 (YVCC for RSVP) B) Resolution adopted. RESOLUTION NO. R-2002-86 (Salvation Army) C) Resolution adopted. RESOLUTION NO. R-2002-87 (Allied Arts) Outside Agencies Pa( tVn 2. The Salvation Army for a Summer Playground Program at Milroy Park. This agreement provides $7,000 to help underwrite the Salvation Army's nine -week program for children_ fivP to twPlvP years of awe. The Salvation Armv will hp responsible for planning and implementing the playground program to include staffing, equipment, supplies, and promotion. 3. Yakima Valley Cornrnunity College (i JCC) for Retired and Senior Volunteer Program olunteer- Program (RSVP) Support Services for the City. This agreement provides $3,000 for support of volunteer programs by assisting with mileage and meal reimbursement and $2,000 worth of in-kind services recognizing 350 senior volunteers residing within the City of Yakima. Funding for these programs were approved during the 2002 Budget process.