HomeMy WebLinkAboutR-1997-073 Allied Arts CouncilRESOLUTION NO. R-97 3
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, it is in the best interest of the City to enter into said
agreement, 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 "1997 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 day of
1997.
ATTEST: y� �
City Clerk
Ilk�rtn ,nlliet, aril ,17 'pm
4 n Buchanan, Mayor
1997 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 7th day of July, 1997, and terminate on the
16th day of August, 1997. 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 1997 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, 1997, and terminate on the 30th day of September, 1997.
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 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
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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, and selection for training.
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. (AI)A),
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 telecommuni-
cations.
8. Compliance With Law. Allied Arts agrees to perform those serviices
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.
11. Insurance. On or before the effective date of this Agreement, Allied Arts
shall provide the City Recreation Supervisor, proof of liability insurance in the
amount of One Million Dollars ($1,000,000.00), that clearly states who the
provider 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. The policy shall name the City, its officers, agents,
and employees as additional insured.
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.
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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.
13. Termination. Either party may terminate this Agreement, with or
without cause, by giving Allied Arts ten (10) days written notice of termination.
14. 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.
15. 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.
16. 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.
17. 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.
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18. 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
By:
R. A. Zais,Jr., City Manager
Date: a �3-G�
ATTEST:
City Clerk
City Contract No.
RESOLUTION NO. K—q 7' 7 3
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ALLIED ARTS COUNCIL OF
YAKIMA VALLEY
By: 1,44d.> -4,-)1/17-L--
Its:
Date:
r
6-7 7
EXHIBIT "A"
AREAS OF RESPONSIBILITY
1. The City of Yakima Parks and Recreation Division shall:
A. Promote the ArtsVan Program in its 1997 Summer Program Guide.
B. No later than September 30, 1997, meet with the Executive
Director of Allied Arts to evaluate the 1997 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, 1997, 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,
1997.
D. Coordinate its class schedule and family cultural performances
with the City's Recreation Supervisor by May 1, 1997.
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.
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
May 1, 1997. Art classes shall not be less than two (2) hours in
length.
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, 1997.
L. Provide a written program evaluation and review to the City's
Recreation Supervisor by September 30, 1997. 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, 1997, which specifically illustrates
how much we actually spent per location per program.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of May 20, 1997
ITEM TITLE: Agreement Between the City of Yakima and the Allied Arts Council
of Yakima Valley to Provide a Visual and Performing Arts Program for
Youth
SUBMITTED BY:
Jerry Copeland, Director of Public Work
Denise Nichols, Parks and Recreation Ma ger
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
Attached is the 1997 Agreement between the City of Yakima Parks and Recreation Division
and the Allied Arts Council of Yakima Valley to provide a visual and performing arts program
for youth at city park locations.
Resolution x Ordinance Contract _ Other (Specify) Agreement
Funding Source 1997 Parks and Recreation Budget
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: To approve the attached Resolution and Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-73