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HomeMy WebLinkAboutR-1993-055 Allied Arts and Artsvan ProgramRESOLUTION NO. R-93 5 5 A RESOLUTION: authorizing execution of an Agreement with the Allied Arts Council of Yakima Valley for the "ArtsVan Program." WHEREAS, the Parks and Recreation Division of the Department of Public Works owns and operates a number of public parks within the City of Yakima; and WHEREAS, Allied Arts has developed and refined an ArtsVan project as a means of providing visual and performing arts exposures to the public through informational classes in the City. of Yakima and has offered to provide this expertise to the City of Yakima in return for the services spelled out in this Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Allied Arts for these services, now. therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "1993 Agreement Between the City of Yakima and the Allied Arts Council of Yakima Valley" for the period from June 19, 1993, to August 20, 1993. ADOPTED BY THE CITY COUNCIL this day of , 1993. ATTEST: (;),eit MAYOR CITY CLERK FOR OFFICIAL USE ONLY: Provider: Address Phone: Expenditure Code: CONTRACT NO. q3 C/ /L 1993 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE ALLIED ARTS COUNCIL OF YAKIMA VALLEY This Agreement, made and entered into the 1544—day of , 1993, 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 finds it necessary to contract with Allied Arts to, provide visual and performing arts exposures to the general public with special emphasis on children. WITNESSETH: That for and in consideration of mutual covenants, promises and agreements, herein contained the parties mutually agree as follows: 1. The duties of providing visual and performing arts exposures are to be performed by the Allied Arts "ArtsVan program" in conjunction with the City's summer playground program. The Allied Arts "ArtsVan program" shall commence on the 19th day of June 1993, and terminate on the 20th day of August, 1993. 2. During the performance of this Agreement, the Allied Arts shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 3. Special areas of responsibilities for both the City and Allied Arts are contained in Attachment "A" which is attached and incorporated into this Agreement. 4. It is expressly agreed upon by both parties that Allied Arts staff, are not employees of the City. Allied Arts is solely responsible for compensating their employees and/or contracted artists and complying with all applicable laws related to such employment, including but not limited to payment of Federal Withholding Tax, FICA, Social Security Tax, Assessment for Unemployment and Industrial Injury. i 5. All prospective employees hired with funds from this Agreement shall submit to a background check pursuant to RCW 43.43.830-835. The disclosure shall be made in writing and signed by the applicant and sworn under penalty of perjury. Background information checks may be obtained from the Washington State Patrol. 6. It is understood that the City does not maintain liability insurance on Allied Arts and/or its employees. 7. Allied Arts shall defend, indemnify and hold harmless the City, its agents, officers and employees from any and all liability resulting out of the performance of this Agreement. 8. On or before the effective date of this Agreement the Allied Arts, shall provide to the City's Recreation Supervisor proof of liability of insurance in the amount of one million dollars that clearly states who the providers is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. 9. As consideration for the services specified in this Agreement, the City agrees to compensate the Allied Arts according to the payment schedule, Attachment "B" which is attached and incorporated into this Agreement. 10. This Agreement, or any interest therein, cannot be assigned in whole or in part by Allied Arts to any other party unless mutually agreed upon by both the City and the Allied Arts. 11. If Allied Arts fails to perform this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement in a written notice giving Allied Arts five (5) days notice of termination. 12. If for any reason prior to termination of this Agreement as provided herein Allied Arts fails to provide the services specified in this Agreement and the City is forced to secure other such services, the Allied Arts shall be held liable for any and all additional expenses to fulfill their obligation to the City and its 1993 summer playground program under this Agreement. 2 13. All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid, and addressed to the appropriate party at the addresses listed below. 14. This Agreement constitutes the entire Agreement between the parties. There are no other oral or written Agreements between the parties as to the subjects covered herein. 15. If any portion of this Agreement is changed per mutual agreement, the Agreement shall be amended in writing to reflect the change. ALLIED ARTS COUNCIL OF THE YAKIMA VALLEY AutUrized Signature 9,3 Date Address City State Zip Work Phone Number CITY OF YAKIMA: I City ana er Date y g ATTEST: City Clerk 3 ATTACHMENT "A" AREAS OF RESPONSIBILI'1'1ES 1. The City of Yakima Parks and Recreation Division shall: A. Promote the ArtsVan program in its 1993 Summer Program Guide. B. No later than September 10, 1993, meet with the Executive Director of Allied Arts to evaluate the 1993 summer program and make recommendations for future offering. C. Pay the Allied Arts Council within thirty (30) days after receiving the itemized invoice/billing. 2. The Allied Arts Council shall: A. On or before June 19, 1993, 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 each of the following City locations: Franklin Park, Larson Park, Gardner Park, Garfield School, Southeast Community Park, Martin Luther King Park, Milroy Park, Miller Park and Randall Park. D. Coordinate its class schedule with the City's Recreation Supervisor by June 19, 1993. E. Select the content of its classes; however there shall be an emphasis on individual participation. F. Open each class to the general public with special emphasis on children; each class shall not be less than three (3) hours in length. G. Conduct a minimum of ten (10) classes per week, with a minimum of one (1) visual or performing artist and one (1) program assistant driver per class. 4 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 June 1, 1993. K. Provide a written program evaluation and review to the City's Recreation Supervisor by September 15, 1993. 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, 1993, which specifically illustrates how much was actually spent per location, per program. 5 ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Agree to pay the Allied Arts Council of the Yakima Valley, Eight Thousand Dollars and No/Cents ($8,000.00) for the 1993 summer ArtsVan program. B. Pay the Allied Arts Council of the Yakima Valley within thirty (30) days upon receiving an itemized invoice/billing. 2. The Allied Arts Council of the Yakima Valley shall: A. Provide an itemized invoice/billing to the City's Recreation Supervisor by June 1, 1993. B. Provide a final written financial report to the City's Recreation Supervisor by September 30, 1993 outlining all actual expenses of the program and how they were spent. 6