HomeMy WebLinkAboutR-2003-077 Allied Arts Council of Yakima Valley Grant RequestRESOLUTION NO. R-2003 77
A RESOLUTION approving a $12,000 grant request from 2003 Federal Community
Development Block Grant (CDBG) funds to Allied Arts to operate
their Arts Van and Mariachi Initiative authorizing and directing the
City Manager and the City Clerk to execute all necessary grant
documents, including a grant agreement, between the City of
Yakima and Allied Arts.
WHEREAS, the City of Yakima is a recipient of 2003 Federal CDBG funds,
which may be used, among other things, for Community Service Programs; and
WHEREAS, Allied Arts is requesting a grant of $12,000 in CDBG funds to
operate the Arts Van and conduct Mariachi Initiative; and
WHEREAS, at the April 16, 2003, City Council Neighborhood Development Sub-
committee meeting, members of the sub -committee recommended to forward proposal
to full Council; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to approve the 12,000 grant request from Allied Arts to operate their Arts Van and
Mariachi Initiative, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. A grant of $12,000 in CDBG funds to Allied Arts is hereby approved,
2. The City Manager is hereby authorized and directed to execute all
necessary grant documents, including a grant agreement, between the
City of Yakima and Allied Arts. The final form of these documents shall
be reviewed and approved by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 20th day of May, 2003.
ATTEST:
City Clerk
Mary Place, Mayor
CITY OF YAKIMA
OFFICE OF NEIGHBORHOOD DEVELOPMENT SERVICES
1. Contracting Organization: Allied Arts Council of Yakima Valley (hereinafter "Contractor")
2. Address: 5000 West Lincoln
Yakima, WA 98908-2695
3. Phone: (509) 966-0930
4. Contact Person: Elizabeth Herres Miller, Executive Director
5. Title of Service or Program being Funded: Arts Van and Mariachi Initiative Program
6. Amount of Contract Award: $12,000 (CDBG)
7. The term of this Contract shall commence upon execution hereof and shall terminate at
midnight , unless sooner terminated by either party in accordance with Section
XXII of incorporated Exhibit "A".
8. This contract award and the rights and obligations of both parties hereto shall be subject to and
governed by the following:
1) "Terms and conditions" attached hereto as Exhibit "A" and incorporated herein by this
reference; and
2) Operating budget including sources and uses statement, work plan and all attached
hereto as Exhibit "B" and incorporated herein by this reference.
3) City of Yakima Resolution No:2003-77 , a copy of which is attached hereto as Exhibit
"C" and incorporated herein by this reference.
9. Final Contract payment shall be subject to satisfactory completion of project described in
Exhibit B, Contractor/Subcontractor lien releases, and satisfaction of all contract terms and
conditions as stated in Exhibit "A" and Exhibit "C".
This written document and incorporated exhibits constitutes the entire Contract between the parties.
IN WITNESS THEREOF the parties have executed this Contract as of the day and year indicated
below.
City Clerk:
City Contract No.: aDO.3 f7
ate
ate
Date
EXHIBIT "A"
TERMS AND CONDITIONS
DESIGNATION
The City of Yakima, as recipient of a housing and community development grant from the U.S.
Department of Housing and Urban Development, hereby designates Contractor to undertake,
and the Contractor hereby agrees to undertake that certain community development or housing
assistance project described in Exhibit "B", Scope of Work.
II SUB -GRANT
A. NOTICE TO PROCEED
No work on the project shall occur prior to or without written approval from the City of
Yakima Office of Neighborhood Development Services (ONDS) shall furnish the
Contractor with written notice to proceed upon release of funds from HUD related to
the project pursuant to 24 § CFR Part 58.
B. AMOUNT OF GRANT
The City hereby sub -grants to the Contractor $12,000 for said project.
III GENERAL BUDGET PROVISIONS
The Contractor agrees to the following provisions in satisfying the terms and conditions of this
contract:
A. PAYMENT AND DISBURSEMENTS
Disbursements by the City of Yakima from this contract/grant award shall be on a
reimbursement basis covering actual expenditures by the Contractor or obligation of
the Contractor currently due and owing, but not paid. Disbursements shall be limited
to allowable costs and so shall be made upon the occurrence of all the following, in
addition to any other conditions contained herein or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement request on
forms provided by the City of Yakima ONDS supported by copies of vouchers,
invoices, salary and wage summaries, or other acceptable documentation; and
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable costs under
OMB Circular A — 87 "eligible costs" and come within the Project Budget.
3. The contractor agrees to comply with 24 § CFR 610, Uniform Administrator
Requirements and Cost Principles. Contractors are to comply with policies,
guidelines, and requirements of 24 § CFR part 85 and OMB Circular A-87, A-
110, A-122, A-133 (implemented at 24 § CFR part 45), and A-128
(implemented at 24 § CFR Part 44), as applicable. The applicable section of
24 CFR Parts 84 and 85 are set forth at 24 § CFR 570.502.
B. No payment shall be made for any service rendered by the Contractor except for
services within the scope of a category set forth in the budget in Exhibit "B" of this
Contract, and all funds received must be used for service as identified in Exhibit "B" of
this Contract.
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C. 1. The Contractor shall submit to the City of Yakima ONDS a written request for
approval of budget revision when a proposed revision would result in an
increase or decrease of ten percent (10%) or more in an approved budget
subject category. Written budget revision approval must be received by the
Contractor prior to the Contractor incurring any expenditures against the
revised budget sub -object categories.
2. When the revision of the Contractor budget does not exceed ten percent (10%)
of an approved budget sub -object category, the Contractor must submit a
revised budget to the City of Yakima ONDS prior to the submittal of claims
against the budget.
IV COMMENCEMENT OF WORK
The City of Yakima ONDS shall furnish the Contractor with written notice to proceed upon
release of funds from HUD related to the project. No work on the project shall occur prior to
the notice to proceed without written approval from the City of Yakima ONDS.
V BILLING PROCEDURES
A. The Contractor shall submit monthly written claims for reimbursement of services
performed under this contract in the manner prescribed in paragraph III above, and as
prescribed by the City of Yakima ONDS.
VI LOCAL FINANCIAL SUPPORT
The sub -grant shall not be utilized to reduce substantially the amount of local financial support
for community development activities below the level of such support prior to the availability of
such assistance.
VII BUDGET SURPLUS
The Contractor agrees that funds determined by the City of Yakima ONDS to be surplus at the
end of the project within the budget of this Contract will be subject to cancellation by the City of
Yakima ONDS and may be negotiated if they are to be included in future Contracts. Assets
purchased with CDBG funds shall continue to be used in accordance with its original purpose
as provided in 24 CFR § 570.503 (b)(8).
VIII COMPLIANCE WITH LAWS
A. GENERAL
The Contractor, in performance of this Contract, agrees to comply with all applicable
Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U.S. Department of Housing and Urban Development, including,
but not limited to, Federal CDBG Regulations including the uniform administrative
requirements listed in 24 CFR § 570.502, and in 24 § CFR 570, subpart K., and other
policies and guidelines established by the City of Yakima ONDS.
B. PROCUREMENT AND CONSTRUCTION OR REPAIR PROJECT REQUIREMENTS
The following federal provisions may apply, among others, to this Contract:
1. Office of Federal Contract Compliance Programs regulations, 41 CFR Part 60,
Executive Order 11246 as amended by Executive Order 12086, and 24 CFR
570.601 (Discrimination prohibited).
2. The Lead Based Paint Poisoning (570.608) Prevention Act, 42 USC Section
4831 et seq., and HUD regulations implementing the Act, 24 § CFR Part 35,
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where, residential structures are involved. The Contractor shall provide
whatever assistance is necessary to enable the City of Yakima's Building
Official to carry out its inspection and certification responsibility under the
regulations including but not limited to 24 CFR § 570.608.
3. Historic and Archaeological Preservation requirements as set forth in 24 CFR
Section 570.604.36 CFR Part 800, RCW 27.44.010 (Native American Burial
Law), RCW 27.53.010-.090 (Protection of Archaeological Resources), and
RCW 43.51.750-.820 (Preservation of Historic Properties).
4. Architectural Barriers Act of 1968 as amended, 42 USC Section 4151 et seq.,
implementing regulations, and Chapter 70.92 RCW.
5. Clean Air Act as amended, 42 USC Section 1857 et seq.; Water Pollution
Control Act, as amended, 33 USC Section 1251 et seq.; and Environmental
Protection Agency regulations, 40 CFR Part 15.
6. Section 3 of the Housing and Urban Development Act of 1968 (12 USC
Section 1701u) and 24 CFR Part 135 (Employment opportunities for project
area businesses and low income persons).
7. Contract Work Hours and Safety Standards Act, 40 USC Sections 327-333,
(Overtime Compensation).
8. Davis -Bacon Act, as amended, 40 USC Sections 276a — 276a — 5, and RCW
Chapter 3 —12 (Prevailing Wage Rates).
9. 24 CFR part 84, 85 and OMB Circular A-87, A-110, A-122, A-128, and A-133
as specified in 24 CFR § 570.502
10. The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, and regulations contained in 24 CFR Parts 42 and §
570.
11. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, and HUD
regulations with respect thereto including the regulations under 24 CFR Part 1.
In the sale, lease or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement, and Contractor shall cause or
require a covenant running with the land to be inserted in the deed or lease for
such transfer, prohibiting discrimination upon the basis of race, color, religion,
sex, or national origin, in the sale, lease or rental, or in the use or occupancy of
such land or any improvements erected or to be erected thereon, and
providing that the Contractor, the County, and the United States are
beneficiaries of and entitled to enforce such covenant. The Contractor, in
undertaking its obligation in carrying out the program assisted hereunder,
agrees to take such measures as are necessary to enforce such covenant and
will not itself so discriminate.
12. Age Discrimination Act of 1975 (24 CFR § 146).
13. Fair Housing Act (24 CFR § 100, CFR 107 and 24 § CFR 1).
14. Housing Quality Standards (24 CFR § 882.109).
15. WBE/MBE (24 CFR § 85.36 (e)
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16. ENVIRONMENTAL REVIEW
A. NEPA
As specified in 24 CFR 570.503(b)(5)(i) and (ii), the City of Yakima
ONDS retains environmental review responsibility for purposes of
fulfilling requirements of the National Environmental Policy Act, under
which the City of Yakima ONDS may require the Contractor to furnish
data, information and assistance for the City's review and assessment
in determining whether the City must prepare an Environmental Impact
Statement.
B. SEPA
The Contractor retains responsibility for fulfilling the requirements of
the State Environmental Policy Act and regulations and ordinance
adopted thereunder.
C. COMPLIANCE AS PRE -CONDITION
Performance by either the City of Yakima ONDS or the Contractor
under this Agreement shall be contingent upon satisfaction of all
applicable requirements of the National and State Environmental
Policy Acts.
IX NON-DISCRIMINATION IN EMPLOYMENT
A. The City of Yakima is an Equal Opportunity Employer.
B. The Contractor agrees that it shall not discriminate against any employee or applicant
on the grounds of race, creed, color, religion, national origin, sex, marital status, age,
or the presence of any sensory, mental or physical handicap. Such action shall
include, but not be limited to: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and programs for training including apprenticeships.
The Contractor specifically agrees to abide by the Office of Federal Contract
Compliance Programs regulations, 41 CFR Part 60, Executive Order 11246 as
amended by Executive Order 12086, and HUD Anti Discrimination Requirements, 24
CFR § 570.601.
X NON-DISCRIMINATION IN CLIENT SERVICES
A. The Contractor agrees to affirmatively market units made available through this
contract (24 CFR § 92.352), and shall not, on the grounds of race, color, sex, religion,
national origin, creed, marital status, or age:
1. Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Contract;
2. Provide any service(s) or other benefits to a qualified individual which are
different, or are provided in a different manner, from those provided to others
under this Contract; separate treatment in any manner related to his receipt of
any service(s) or other benefits provided under this Contract;
3. Deny any qualified individual an opportunity to participate in any program
provided by this Contract through the provision of service(s) or otherwise, or
will afford him an opportunity to do so which is different from that afforded
others under this Contract.
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B. The Contractor shall abide by all provisions of Section 504 of the HEW Rehabilitation
Act of 1973 prohibiting discrimination against handicapped individuals either through
purpose or intent.
C. If assignment and/or subcontracting has been authorized, said assignment or
subcontract shall include appropriate safeguards against discrimination in client
services binding upon each Contractor or Subcontractor. The Contractor shall take
such action as may be required to ensure full compliance with the provisions of this
clause, including sanctions for noncompliance.
XI LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable Federal, State, County and Municipal
standards for licensing, certification and operation of facilities and programs, and accreditation
and licensing of individuals, and any other standards or criteria as described in the Contract to
assure quality of services.
XII MONITORING AND ACCESS TO RECORDS
A. Contractor agrees that City may carry out monitoring and evaluation activities so as to
ensure compliance by Contractor with this Contractor agreement, with the CDBG
Compliance Documents, and with all other laws, regulations, and ordinances related to
the performance hereof.
Contractor agrees to provide City with any data determined by City to be necessary for
its effective fulfillment of its monitoring and evaluation responsibilities.
B. At any reasonable time and as often as City may deem necessary, Contractor shall
make all of its records available to City, HUD, the Comptroller General of the United
States, or any of their authorized representatives, and shall permit City, HUD, the
Comptroller General of the United States, or any of their authorized representatives to
audit, examine, and make excerpts and/or copies of same. Contractor records shall
include, but shall not be limited to, the following: payroll, personnel and employment
records; procurement bidding documents; contracts; sales closing statements; and
invoices.
C. The Contractor shall be required to make reasonable changes in the services as
completed or to be completed if said services fall below the standards and
specifications set forth in the Special Terms and Conditions, Project Description, or
Statement of Work.
XIII SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any confidential information concerning a recipient or
client for any purpose not directly connected with the City's or the Contractor's responsibilities
with respect to services provided under this Contract is prohibited except on written consent of
the recipient or client, his/her attorney or his/her responsible parent or guardian or as otherwise
provided by law.
XIV ASSIGNMENT AND/OR SUBCONTRACTING
The Contractor shall not assign or subcontract any portion of the services provided within the
terms of this Contract without obtaining prior written approval from the City. All terms and
conditions of this Contract shall apply to any approved subcontract or assignment related to the
Contract.
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XV STANDARDS FOR FISCAL ACCOUNTABILITY
A. In order to comply with 24 CFR 570.503(b)(2), the Contractor agrees to provide project
line item draw requests, annual verification of rents, annual audited financial statement
to compare income and expenses, records, documents and accounting procedures
which accurately reflect all direct and indirect costs related to the performance of this
Contract. Such fiscal books, records, documents, reports and other data shall be
retained in a manner consistent with the "Budgeting, Accounting, Reporting System for
Counties and Cities, and Other Local Governments", hereinafter referred to as "BARS",
as issued by the Office of State Auditor, State of Washington. The Contractor further
agrees that the City of Yakima ONDS shall have the right to monitor and audit the
fiscal components of the organization to insure that actual expenditures remain
consistent with the terms of this Contract. The Contractor shall retain all books,
records, documents and other material relevant to the Contract for seven (7) years
after settlement of this Contract. The Contractor agrees that the City of Yakima, the
U.S. Department of Housing and urban Development, the Washington State Auditor, or
their designees, shall have full access to and a right to examine any of said materials
at all reasonable times during said period.
B. The Contractor agrees that any contributions or payments made for services furnished
under this Contract shall be used for the sole benefit of this program.
XVI PROGRAM PROPERTY
Any personal property having a useful life of more than one year and purchased wholly or in
part with sub -grant funds at a cost of three hundred dollars ($300) or more per item, shall upon
its purchase or receipt become the property of the City of Yakima and/or federal government.
The Contractor shall be responsible for all such property, including its care and maintenance,
and shall comply with the following procedural requirements:
1. Property records shall be maintained accurately and provide for: A description of the
property; manufacturer's serial number or other identification number; acquisition date
and cost; source of the property; percentage of CDBG funds used in the purchase of
property; location, use, and condition of the property.
2. A physical inventory of property shall be taken and the results reconciled with the
property records at least once every two years to verify the existence, current
utilization, and continued need for the property.
3. A control system shall be in effect to insure adequate safeguards to prevent lose,
damage, or theft to the property. Any loss, damage, or theft of the property shall be
investigated and fully documented.
4. Adequate maintenance procedures shall be implemented to keep the property in good
condition.
5. If the Contractor elects to capitalize and depreciate such nonexpendable personal
property in lieu of claiming the acquisition cost as a direct item of cost, title to such
property shall remain with the Contractor. An election to capitalize and depreciate or
claim acquisition cost as a direct item of cost shall be irrevocable.
6. Nonexpendable personal property purchased by the Contractor under the terms of this
Contract, in which title is vested in the City of Yakima or Federal Government shall not
be rented, loaned, or otherwise passed to any person, partnership, corporation,
association or organization without the prior express approval of the City of Yakima
ONDS.
7. Any nonexpendable personal property furnished to, or purchased by, the Contractor,
title to which is vested in the City of Yakima ONDS or federal government shall, unless
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otherwise provided herein or approved by the Contracting Officer, be used only for the
performance of activities defined in this Contract.
8. As a condition prerequisite to reimbursement for the purchase of nonexpendable
personal property, title to which shall vest in the City of Yakima ONDS or federal
government, the Contractor agrees to execute such security agreements and other
documents as shall be necessary for the City of Yakima ONDS or federal government
to perfect its interest in such property in accordance with the "Uniform Commercial
Code -Secured Transactions" as codified in Article 9 of RCW Chapter 62A.
9. The Contractor shall be responsible for any loss or damage to the property of the City
of Yakima ONDS or federal government (including expenses entered thereunto) which
results from negligence, willful misconduct, or lack of good faith on the part of the
Contractor to maintain and administer in accordance with sound management
practices that property, to ensure that the property will be returned to the City of
Yakima ONDS or federal government in like condition to that in which condition the
property was acquired by purchase, fair wear and tear accepted.
XVII RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor/city relationship will be created by this
Contract. The City of Yakima ONDS is interested only in the results to be achieved, the
implementation of services will lie solely with the Contractor. No agent, employee, or
representatives of the Contractor shall be deemed to be an employee, agent, servant or
representative of the City of Yakima for any purpose, and the employees of the Contractor are
not entitled to any of the benefits the City of Yakima provides for City Employees. The
Contractor will be solely and entirely responsible for its acts and for the acts of its agents,
employees, servants, Subcontractors, or otherwise during the performance of this Contract.
XVIII TAXES AND ASSESSMENTS
Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to, sales tax, federal income tax, FICA, social security
tax, assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Contract. In the event the City is assessed a tax or assessment as a result of this Contract,
Contractor shall pay the same before it becomes due.
XIX QUARTERLY REPORT
The Contractor agrees to submit a written quarterly report outlining the progress towards
completion of activities included in Exhibit B, to the City of Yakima.
XX INSURANCE
A. NO INSURANCE
It is understood that the City does not maintain liability insurance for the Contractor
and/or its employees, agents, officers, and subcontractors.
B. COMMERCIAL LIABILITY INSURANCE
On or before the effective date of this Contract, the Contractor shall provide the City
with a certificate of insurance as 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
(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 Contract. 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
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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 initiated 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.
C. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
On or before the date this Contract is fully executed by the parties, Contractor shall
provide the City with a certificate of insurance as proof of commercial 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 Contract. 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.
D. WORKERS' COMPENSATION
The Contractor agrees to pay all premiums provided for by the Workman's
Compensation Act of the State of Washington. Evidence of the contractors workers'
compensation coverage will be furnished to the City. The contractor holds the City
harmless for any injury or death to the contractor's employees while performing this
Contract.
E. INSURANCE PROVIDED BY SUBCONTRACTORS
The Contractor shall ensure that all subcontractors it utilizes for work/services
rendered under this Contract shall comply with all of the above insurance
requirements.
XXI INDEMNIFICATION AND HOLD HARMLESS
All services to rendered or performed under this Contract will be performed or rendered entirely
to the Contractor's own risk and the Contractor expressly agrees to defend, indemnify and hold
harmless the City of Yakima and all of its officers, agents, employees and elected officials from
any and all liability, loss, fines, penalties or damage, inducing reasonable cost of defense, they
may suffer as a result of claims, demands, actions, or damages to any and all persons or
property, costs or judgments against the City of Yakima which result from, arise out of, or are in
any way connected with the services to be preformed by the Contractor under this Contract.
Nothing in this section of the Contract shall be construed to create a liability or a right of
indemnification in any third party.
XXII CONTRACT, TERMINATION AND CLOSE OUT
If the Contractor fails to comply with the terms and conditions of this Contract, the City of
Yakima ONDS may pursue such remedies as are legally available including but not limited to,
the termination of this Contract in the manner specified herein. In accordance with 24 CFR §
85.43 and 44.
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A. TERMINATION FOR CAUSE
If the Contractor fails to comply with the terms and conditions of this Contract and any
of the following conditions exist:
1. The lack of compliance with the provisions of this Contract are of such scope
and nature that the City of Yakima ONDS deems continuation of this Contract
to be substantially non -beneficial to the public interest;
2. The Contractor has failed to take satisfactory corrective action as directed by
the City of Yakima ONDS or its authorized representative within the time
specified by same;
3. The Contractor has failed within the time specified by the City of Yakima
ONDS or its authorized representative to satisfactorily substantiate its
compliance with the terms and conditions of this Contract, then:
The City of Yakima ONDS may terminate this Contract in whole or in part, and
thereupon shall notify the Contractor of the termination, the reasons therefore and the
effective date provided such effective date shall not be prior to notification to the
Contractor. After this effective date, no charges incurred under any terminated
portions are allowable.
B. TERMINATIONS ON OTHER GROUNDS
This Contract may also be terminated in whole or in part by mutual agreement of the
parties.
C. TERMINATION FOR WITHDRAWAL, REDUCTION OR LIMITATION OF FUNDING
In the event that funding from the Federal government is withdrawn, reduced or limited
in any way after the effective date of this Contract, and prior to its normal completion,
the City of Yakima ONDS may summarily terminate this Contract as to the funds
reduced or limited, nonwithstanding any other termination provision of this Contract. If
the level of funding so reduced or limited is so great that the City of Yakima ONDS
deems that the continuation of the program covered by this Contract is no longer in the
best interest of the public, the City of Yakima ONDS may summarily terminate this
Contract in whole nonwithstanding any other termination provisions of this Contract.
Termination under this Section shall be effective upon receipt of written notice by the
Contractor or its representative.
The City of Yakima ONDS agrees to promptly notify the Contractor of any proposed
reduction in funding by Federal or other officials. The Contractor agrees that upon
receipt of such notice it shall take appropriate and reasonable action to reduce its
spending in the affected funding area so that expenditures do not exceed the funding
level which would result if said proposed reduction became effective.
This Contract may further be terminated by the City of Yakima upon written demand by
the City of Yakima ONDS for assurances that the terms of the Project Description are
being timely complied with, if such assurances are not made to the City's satisfaction
within thirty (30) days of the date of such written demand.
D. CLOSE-OUT
In the event that this Contract is terminated in whole or in part for any reason, the
following provisions shall apply:
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1. Upon written request by the Contractor, the City of Yakima shall make or
arrange for payment to the Contractor of allowable reimbursable costs not
covered by previous payments.
2. The Contractor shall submit within thiry (30) days after the date of expiration
of this Contract, all financial, performance and other reports required by this
Contract, and in addition, will cooperate in a program audit by the City of
Yakima or its designee.
3. In the event a financial audit has not been performed prior to close-out of this
Contract, the City of Yakima ONDS retains the right to withhold a just and
reasonable sum from the final payment to the Contractor after fully considering
the recommendation on disallowed costs resulting from the final audit.
XXIII COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agency maintained by the Contractor for the purpose of
securing business. The City of Yakima ONDS shall have the right, in the event of breach of
this clause by the Contractor, to annul this Contract without liability or, in its discretion, to
deduct from the Contract price or consideration or otherwise recover the full amount of such
commission, percentage, brokerage or contingent fee.
XXIV CONFLICT OF INTEREST
The City may, by written notice to the Contractor:
A. In accordance with 24 CFR § 570.611, no member, officer, or employee of the City of
Yakima, or the contractor, or assignees or agents, no member of the governing body of
the City of Yakima, and no other public official of the City of Yakima or such other
localities who exercise any functions or responsibilities with respect to the program
during his tenure or for one year thereafter, shall have any interest, direct or indirect, in
any contract or Subcontract, or the proceeds thereof, for work to be performed in
connection with a City of Yakima CDBG funded program
B. Terminate this Contract if it is found, after due notice and hearing, by the City that
gratuities in the form of entertainment, gifts, or otherwise offered or given by the
Contractor, or agent or representative of the Contractor, to any officer or employee of
the City of Yakima, with a view towards securing this Contract or securing favorable
treatment with respect to the awarding or amending or the making of any
determinations with respect to this contract.
C. In the event this Contract is terminated as provided in (A) above, the City of Yakima
shall be entitled to pursue the same remedies against the Contractor as it could pursue
in the event of a breach of the Contract by the Contractor. The rights and remedies of
the City of Yakima provided for in this clause shall not be exclusive and are in addition
to any other rights and remedies provided by law.
XXV RIGHTS IN DATA
The City of Yakima ONDS may duplicate, use and disclose in any manner and for any
purposes whatsoever, and have others so do, all data delivered under this agreement. The
Contractor hereby grants to the City of Yakima, a royalty -free, non-exclusive, and irrevocable
license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to
do so, all data now or hereinafter covered by copyright: Provided, that with respect to data not
Page 11 of 13 5-29-03
originated in the performance of this Contract such license shall be only to the extent that the
Contractor has the right to grant such license without becoming liable to pay compensation to
others because of such grant. The Contractor shall exert all reasonable effort to advise the
City of Yakima ONDS, at the time of delivery of data furnished under this agreement, of all
invasions of the right of privacy contained therein and of all portions of such data copied from
work not composed or produced in the performance of this agreement and not licensed under
this clause. The Contractor shall report to the City of Yakima ONDS, promptly and in written
detail, each notice or claim of copyright infringement received by the Contractor with respect to
all data delivered under this agreement. The Contractor shall not affix any restrictive markings
upon any data, and if such markings are affixed, the City of Yakima ONDS shall have the right
at any time to modify, remove, obliterate, or ignore such markings.
XXVI RULE OF CONSTRUCTION
In the event of an inconsistency in this contract/grant award unless otherwise provided herein,
the inconsistency shall be resolved by giving precedence in the following order:
1. Appropriate provisions of state and federal statutes and regulations including HUD
CDBG Regulations.
2. General Terms and Conditions (Exhibit A).
3. Those attachments incorporated by reference herein, including the statement of
work/project description, approved HUD grant budget, in the order in which attached,
(Exhibit B),
4. City of Yakima Resolution No. 2003-77 (Exhibit C), and
5. Any other provisions whether incorporated by reference herein or otherwise provided
that nothing herein shall be construed as giving preference to provisions of this
contract/grant award over any provisions of law.
XXVII GOVERNING LAW
This Contract has been and shall be construed as having been entered into and delivered
within the State of Washington, and it is mutually understood and agreed by each party hereto
that this Contract shall be governed by laws of the State of Washington, both as to
interpretation and performance.
)(XVIII VENUE
The venue for any action to enforce or interpret this Contract shall lie in the Superior Court of
Washington for Yakima County, Washington.
XXIX MODIFICATION
Either party may request changes in this Contract, however, no change or addition to this
Contract shall be valid or binding upon either party unless such change or addition be in
writing, and executed by both parties, except budget adjustments as specified in Section IV of
this Contract.
XXX SEVERABILITY
It is understood and agreed by the parties hereto that if any part, term, or provision of this
Contract is held by the courts to be illegal, the validity of the remaining provisions shall not be
affected; and the rights and obligations of the parties shall be construed and enforced as if the
Contract did not contain the particular provision held to be invalid. If it should appear that any
provision hereof is in conflict with any statutory provision of the United States or the State of
Washington, said provision which may conflict, therewith, and shall be deemed modified to
Page 12 of 13 5-29-03
conform to such statutory provision.
XXXI PROGRAM INCOME
Program income, if any, shall be retained by the contractor. Any program income shall be
accounted for by the Contractor, over the contract time period, shall be reported to the City.
Income is to be used to continue or benefit the program, as determined by the intent and
purpose of the project. Program income is to be used as specified in 24 § CFR 570.503(b)(3)
and 24 § CFR 570.504(c).
Page 13 of 13 5-29-03
ArtsVan In The Parks
Why support ArtsVan in the Parks!
• A proven program with a 15 year history providing a FREE fine arts program. In 1992
Allied Arts had less than 2000 children and their adults using our program; in 2002, we
served over 6000 kids and adults. Allied Arts Council raised the additional funds to
accomplish this.
• Low-income kids should be targeted by the Community for support. These kids need all
the attention the community can muster. Let us address the need before the problems
occur.... Summer ArtsVan addresses the need.
• United Way no longer has Summer Program Funds, which has in the past partially funded
this program. Allied Arts will raise over $3,000 to put into the 2003 program in addition to
the City funding and potential funding from the Community Bock Grant
• ArtsVan in the Parks continues to offer positive activities with adult mentorship as well as
teaches projects that promote reading readiness and other skills that support academic
learning.
• Children need interaction with a variety of adults who model creativity, enthusiasm
and productivity. While the program does focus on the children's participation in the art
projects, several other objectives are helped in the community:
• utilization of the Parks with positive activities.
• activities that do not require specific physical skill or ability.
• accessibility in neighborhood parks and locations that target those least likely to
participate in creative projects/classes.
• ArtsVan, originally funded by a Community Block Grant, has grown into a comprehensive
year round program supporting many community objectives. (See attached report). Facing
the funding difficulties that the City and most non -profits are confronted with, we need to
continue to support programs that will affect our next generation and the future of this
community. Asking for Block Grant funding at this time ($6,000) will allow this program
to continue as we again find ways to find other support for the summer ArtsVan in the
Parks.
Proposed 2003 ArtsVan Program Budget
Personnel 9,500
Operating Expenses $ 4,000
(Facilities, Cell Phone, Supplies)
Travel $ 500
Equipment
Miscellaneous S 500
TOTAL EXPENSES: $ 14,500
Support from City of Yakima: Parks & Rec $5,333 approved
Request from Office of
Neighborhood Development Services $6,000 In process
Balance needed will be found by Allied Arts Council $3,167
TOTAL INCOME: $14,500
ArtsVan - Surnrncr 2003
Under the Big Top: ArtsVan Goes to the Circus
Sponsored by:
Allied Arts Council, Yakima Parks & Recreation and Yakima Southwest Rotary Club
Through the focused art program provided by the ArtsVan and the mentoship provided by its staff of artists, children will discover
uses for materials found inside the home so that they may repeat and expand on the lessons learned and add their own style to their
project.
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 and discover their creative side. Call Allied Arts Council of Yakima Valley for additional
information and other course offerings.
Day 10:00 am - 12:00 Noon
Monday Southeast Community Ctr.
S. 8th St. & Arlington
Tuesday Randall Park
44th Ave. South of Nob Hill
Wednesday Gardner Park
Pierce St. & Cornell Ave.
Thursday Milroy Park
•
N. 16th Ave. & Lincoln
Friday
Wapato City Park
900 Block, S. Camas
1:00 pm - 3:00 pm
Franklin Park
S. 21st Ave. & Tieton Dr.
McGuinness Park
1400 Block of Swan Ave.
Kissel Park
Left on 32nd off Nob Hill
Kiwanis Park
Fair Ave. & E. Maple
Terrace Heights School
4209 Terrace Heights Dr.
Week 1
July 7-11
Week 2
July 14-18
Week 3
July 21-25
Week 4
July 28 -Aug. 1
Week 5
Aug 4- Aug 8
Week 6
Aug 11- Aug 15
Miniature Circus Glitter Globes with Heather Hein. Create a miniature version of the circus,
shake lightly, and watch with wonder as a glittering parade falls before your eyes.
Big Top Scenes with Jennifer Lisle. Step inside the big top and capture the likeness of the ring
master, acrobats, or the lion tamer in a crayon relief Barnum & Bailey have nothing on this!
3-D animal masks with Kwice Afzali. Joining the circus is much more exciting than watching
Disguise yourself as your favorite circus animal and fool all of your friends. They're 3-D and
really cool!!!
Clown sand painting with Nancy Evans. Everyone loves a clown!! Take a clown home with
you, buried in spoonfuls of vibrantly colored sand. A red nose has never looked so good!
Balloon Animals with Jeanne Lind. What is a circus without balloons'? Come learn our big top
balloon secrets and we'll have you twisting in fun!!
Marinette Puppet Personalities. Create an acrobat, clown, or circus pony that actually moves!
Act out your own circus at home anytime you like.
Allied Arts Council of Yakima Valley
alliedarts.artsyakima.org
ArtsVari - 14 Exican Wi9hts
vening Family Arts Van Program 2003
July 7 - August 15
Thursday Evenings, 6:30 pm - 8:30 pm
Franklin Park, Tieton Drive & 20th Ave.
Families can participate in art activities that can be reproduced at home. These activities will
children from ages two to twelve, while giving families a fun opportunity to create art and memories
together. The flilecl Arts itrvTan Family
Night Program isa FREE, DROP-IN program for kids and
their grown-ups!
cater to
July 10 Baleros. Come experience a traditional Mexican game popular with children.
Design, decorate and create your own version to play at home (or in the park)!!
July 17 Bark Painting. Create a painting using traditional Mexican symbols and LOTS of
bright colored paints. These look s0000 good, you'll hardly miss the real bark!!
July 24 Giant Flowers. Bigger really is better. Design and create HUGE tissue flowers
guaranteed to make A NYnNr smile.
July 31
August 7
August 14
Sun Masks. Explore the traditional Mexican symbol of the sun. Combine your
f writ t
lavvli�e Lu ireate your own Sun iiaaSi�.
Mexican Stitchery. Using brightly colored paper layers, create an animal
in traditional style.
Instrument Night: Join a Mariachi Band Allied Arts Style! Come make an
instnuinent and help us play!
Allied Arts Council of Yakima Valley
alliedarts.artsyakima.org ph. 966-0930
Crossing Cultural Barriers,
Building Community &
Learning Together
!4ritchi
Initiativ¢
Allied Arts Council of Yakima Valley
Partially Funded by the Wallace -Reader's Digest Funds
and the Washington State Arts Commission
Why Support the Mariachi Initiative?
Project Mission: To teach mariachi music and performance to youth and adults, combining
traditional folk and formal teaching methods, to create cultural bridges in Yakima Valley.
• The Mariachi Music Project is timely and necessary.
Allied Arts Council has secured $6,000 from the Lila Wallace Digest Foundation for
three years: 2003, 2004 and 2005 to bring Mariachi music into our community utilizing
our traditional band teachers in the schools, our local Mariachi musicians and
Educational District #105.
• We need to match those funds.
The Impact? The Benefits?
• The benefits of the Mariachi Music Project will have wide-ranging and long-term
effects. The program will invite people of all ages to participate directly either as
performers or members of the audiences for the performances.
• A number of public events will showcase the virtuosity of the experienced performers,
and honor the efforts of the students embarking on this tradition.
• The performances forge new cultural linkages in our valley and strengthen the
partnership between schools and the communities they serve.
• The mariachi teachers' interaction with traditional school band directors opens a
cultural exchange, which positively affects all students. Mariachi is familiar to more
than 60% of the students these band teachers encounter over the school year, yet this
music tradition has been overlooked in traditional programs.
• Incorporating mariachi into music programs will spark greater interest and participation
on the part of Hispanic students and broaden the musical horizons of alt students.
• A program tike this would involve students and make them feel part of the school
environment to insure the student's participation in all levels of schooling as well as
retain them in their education.
• The Educational Service District #105's involvement provides a stable, central base
from which to share lesson plans and project ideas among its many client schools, and
build a sustainable addition to the music curriculum throughout central Washington.
• This Initiative while focusing on bringing traditional Mexican music into our schools is
also looking for ways to involve the rest of the community. We will have local
performing groups for our community's enjoyment as well as visitors who come. We
will help retain our students in school.
• Art has always played a role in social change. The artistic and cultural significance of
this proposal lies in the fact that it addresses the struggles of a community in
transition. As the face, literally, of the Yakima Valley is changing, cultural
misunderstanding and miscues have led to frustration, anger, and outright racism. Using
mariachi - a vibrant, an evocative music - as the bridge, this project helps forge new
connections, makes a place at the table for our new residents, and invites the "old guard"
into a new circle. It will not solve alt the problems we face nor will it mend all the ills
change has engendered, but the Mariachi Project is a seed toward the long-term
goat of a harmonious and prosperous community.
Propose. 2003 Mariachi Initiative Budget
Personnel $ 4,000
Mariachi Wenatchee Workshops $ 2.500
Summer Mariachi Camp $ 1.500
Operating Expenses $ 1,000
Travel $ 500
Equipment $ 2,000
Miscellaneous $ 500
TOTAL EXPENSES: $ 12,000
Wallace Readers Digest Foundation
Request from Neighborhood Grants
$ 6,000 Secured for 3 years
$6,000 In process
TOTAL INCOME: $12,000
EXHIBIT "0"
(Resolution)
RESOLUTION NO. R-2003 77
A RESOLUTION approving a $12,000 grant request from 2003 Federal Community
Development Block Grant (CDBG) funds to Allied Arts to operate
their Arts Van and Mariachi Initiative authorizing and directing the
City Manager and the City Clerk to execute all necessary grant
documents, including a grant agreement, between the City of
Yakima and Allied Arts.
WHEREAS, the City of Yakima is a recipient of 2003 Federal CDBG funds,
which may be used, among other things, for Community Service Programs; and
WHEREAS, Allied Arts is requesting a grant of $1-2,000 in CDBG funds to
operate the Arts Van and conduct Mariachi Initiative; and
WHEREAS, at the April 16, 2003, City Council Neighborhood Development Sub-
committee meeting, members of the sub -committee recommended to forward proposal
to full Council; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to approve the 12,000 grant request from Allied Arts to operate their Arts Van and
Mariachi Initiative, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. A grant of $12,000 in CDBG funds to Allied Arts is hereby approved,
2. The City Manager is hereby authorized and directed to execute all
necessary grant documents, including a grant agreement, between the
City of Yakima and Allied Arts. The final form of these documents shall
be reviewed and approved by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 20th day of May, 2003.
ATTEST:
A
axF',
�s
SI MARY PLACE
Mary Place, Mayor
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *J2
For Meeting. Of May 20. 2003
ITEM TITLE: Consideration of Resolution authorizing CDBG funding for Arts Van and Manachi
Initiative requested by Allied Arts Council of Yakima Valley
SUBMITTED BY: V i iam Cook, Director, Community & Economic Development
CONTACT PERSON/TET FPHONE: Bill Cobabe, Office of Neighborhood Development Services
(ONDS) Manager (575-6101)
SUMMARY EXPLANATION:
This is a grant request of $12,000 from 2003 Federal Community Development Block Grant (CDBG) funds
to Allied Arts to operate their Arts Van and conduct their Mariachi Initiative Program.
At the Apnl 16, 2003. City Council Neighborhood Development Committee meeting, members of the
committee recommended forwarding this proposal to the full Council.
Funding for this program would come from 2003 CDBG Community Service Program:
CDBG - Community Service Program
2003 Beginning Balance
$162,260
Obligated As of 5/12/03
Available As of 5/12/03
$68,760
$93,500
This Request
$12,000
The resolution would authorize and direct the City Manager to execute all necessary grant documents,
including a grant agreement, between the City of Yakima and Allied Arts. The final form of these
documents shall be reviewed and approved by the City Attorney.
Resolution X Ordinance Other (Specify) Contract
Mail to (name and address): Elizabeth Herres Miller, Executive Director, Allied Arts Council of Yakima
Valley, 5000 W Lincoln, Yakima , WA 98908-2695 Phone: 509 / 966-0930
Funding Source ONDS: CDBG Co unity Service Program Funds
APPROVED FOR SUBMIT1 AL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-77
)Allied
Arts Council
W of Yakima Valley
INVEST IN THE ARTS, INVEST IN OUR COMMUNITY AND INVEST IN YOUR FUTURE
2003 COMMUNITY IMPACT REPORT: CO- RELATING ALLIED ART COUNCIL
PROGRAMS WITH THE IMPROVEMENT & ENHANCEMENT OF:
STUD E.ffT ACA'UE.M.IC HIE YED/MUT
E'COlfOMIC DEV'EL OP1VIEIfT
r
URB Al ���E YIiALIZATIOIf
CULTURAL JI Y'E.RSIT Y
YOUTH- AT- Pit
i UL TUP_ AL 'nov.'P_'I IYI
WJi''i_F'JR' F PR EliARATI'J1f
COMM Ui[IT Y _DE "/ELOPIYIE.1[T
Why Allied Arts?
Quality of education, family instability, racial and ethnic relations, violent crime, youth
and gang crime and unemployment continue to rank among the top ten key concerns for
our nation's towns and cities. Yakima is no exception. As community leaders,
business people and families across the nation seek solutions to these problems, they
are increasingly turning to the arts and their local art organizations to provide
answers.
A number of recent national and regional scientific studies have proven the positive
results that art programs are achieving in these key concern areas -- many of these
types of strategies and programs have been developed and implemented by the Allied
Arts Council in Yakima and the Greater Yakima Valley.
Our focus is in five key areas, many of which have overlapping issues:
1. Art Education
2. Building Community
3. At -Risk Youth
4. Cultural Diversity and Cultural Inclusion
5. Economic Impact, Urban Revitalization, Cultural Districts and Cultural Tourism
Art Education
The involvement in the arts improves students' rate for academic success, including
those students from low socio-economic status backgrounds. Students who are
involved in instrumental music show significantly higher levels of mathematics
proficiency. Those who are involved in theater arts show significant gains in reading
proficiency, self-concept and motivation and higher levels of empathy and tolerance
for others.`
Furthermore, the arts do not only have positive impact when part of the school
curriculum, but also benefit students who are involved in after-school activities at arts
organizations. These students show greater use of complex language than their peers in
activities through community -service or sports organizations. Additionally, these
students had more self-esteem. In fact, Students in after-school arts groups had nine
times as many opportunities to write original text material as their classroom
counterparts, enhancing their mental and communications skills."
Art Education is an investment in our and our children's future. The arts develop skills
and habits of mind that are important for workers in the new "Economy of Ideas.""'
The SCANS 2000 Report (The Secretary's Commission on Achieving Necessary Skills)
1
links arts education with economic realities, asserting that young people who learn the
rigors of planning and production in the arts will be valuable employees in the idea -
driven workplace of the future."
Allied Arts Council has been implementing various art education programs over the years
to assist in raising the skill level of Yakima Valley youth. Our ArtsVan Program was
originally developed in 1986 from a Community Block Grant to service underprivileged
youth 111 designated low-income Cones. Entire sections of our community, isolated by
geographic location, income or cultural considerations, were not able to access the arts. It
quickly became abundantly clear which services were needed. Community members and
leaders wanted to have their families and children become artistically engaged with
professional artists in all the arts: dance, drama, visual and music. ArtsVan brought the
artists and live theater into neighborhoods and parks via a large van filled with art
supplies and costumes.
When parents and school officials saw the impact on children that professional artists
were achieving in the parks, they requested that Allied Arts develop a similar program
in the classroom setting in 1989 ArtsVan went into multiple school districts with art
projects guided by our practicing artists. The ArtsVan's education program received
the Kennedy Center Award for Excellence in Arts Education in 1991. Last year over
756 classrooms (multiple visits) had an ArtsVan artist resulting in 17,860 contacts in
several school districts.
Allied Arts Council has instituted the Family Theatre Series and summer music and
theatre camps, including Middle School Summer Band and Orchestra, Jazz Band
Camp and Shakespeare for Kids to improve students' artistic talents, improve skills
that aid them in other academic disciplines, and enhance their self-esteem. In additional
to the research regarding instrumental music mentioned above, and the benefits of
general theatre program involvement, there have been some significant findings
regarding students who are specifically involved with Shakespeare. Acting out texts
creates compelling learning experiences for students that also benefit parents and the
broader community. In working through the difficult Shakespeare texts, student engage
in six different criteria for rigorous and relevant project -based relationships, and
assessment practices. These performances are not simply schoolroom exercises: they are
authentic acts of communication, culture and community. They are demonstrations of
deep understanding that make the complex and difficult world Shakespeare's text lucid,
vibrant, relevant and moving to everyone. iviany students in a theater acting program
reported that the intense review of Shakespeare texts in preparation for performing,
helped them not only master that difficult material, but improved their reading of other
complex material such as math and physics texts."
Building Community
Community is a difficult concept to define. At a minimum, communities consist of
individuals, families, and interpersonal and inter -organizational relations. There are four
significant areas that demonstrate the arts help build and strengthen communities."'
Allied Arts Council's Art Programs help build our community by:
1. Fostering innovative partnerships between art and community agencies.
2. Creating safe havens for at -risk youth and families
3. Implementing comprehensive strategies that affect multiple areas of participants'
live — home, school, work, etc.
4. Strengthening participants' inner resources — self-esteem, confidence, tolerance,
mental skills, etc.
In 2002, the Summer ArtsVan expanded and served over 6,000 kids and families in six
weeks in 13 sites. The Allied Arts Council's Family Night in Franklin Park increased in
participants over 50%. Combining Family Night with the Summer Concert Series piloted
by Yakima'a Parks and Recreations brought new attendees to both programs. A
significant number parents and grandparents reported that they felt that Family
Night in Franklin Park provided a safe and fun learning environment.
Additionally Allied Arts Council has expanded the dialogue with other service and youth
organizations that identify art and cultural needs in the Yakima Valley. Our programs,
especially ArtsVan, has become part of the community's infrastructure by building a
network of partnerships and alliances which include youth organizations such as
YWCA, YMCA, Girl Scouts, Camp Fire, Drug Coalition Programs, Juvenile Detention
Center, schools districts, city and county recreation programs as well as nursing homes
and community centers. These partnerships have resulted in a myriad of programs
that have directly impacted our community in a positive manner.
The Allied Arts Council is bringing the arts to where people live, work and play. The
need is extensive even with our collaborative efforts. The lack of resources limit the
depth and scope of where and who we can reach, leaving youth and their families
without access to skill -developing programs which would enhance their lives and the
economic life of our community.
At -Risk Youth
One compelling advantage of investing in the arts is the striking success of arts -based
educational programs among disadvantaged populations, especially at -risk and
incarcerated youth. According to the National Governor's Association, at -risk youth is a
segment of society most likely to suffer from limited lifetime productivity. However, the
arts contribute to lower recidivism rates; increased self-esteem; the acquisition of job
3
skills; and the development of much needed creative thinking, problem solving and
communications skills. Involvement in the arts is one avenue by which at -risk youth can
acquire the various competencies necessary to become economically self-sufficient over
the long term, rather than becoming a financial strain on the state and communities.'"
The Allied Arts Council's One To One program was developed specifically for the
purpose of accessing at -risk and incarcerated youth. One to One is an art -mentoring
program for incarcerated youth and those on parole, where an artist works
individually with a juvenile offender for in-depth artistic training and adult mentoring.
This effort has been life changing for the children and stimulated the expansion of this
program to the Juvenile Detention Center Now, twice a week, an ArtsVan teacher
works with a group of juveniles to increase their artistic and personal skills, while acting
as an adult m 'ntnr
Cultural Diversity
For the last decade or more, multiculturalism, cultural diversity, and cultural equity
have emerged as critical issue facing communities and local arts agencies. The need to
confront issues of race and culture in our communities is growing in light of the condition
of racial tensions and the continuing divide between citizens of different cultural
backgrounds. The arts can be a bridge that dispels myths and fears, and
participation in the arts can help individuals build cultural pride and self-esteem."'
With the advent of migrant workers settling in this region, Yakima has grown into a
diverse population in which 37% consists of people with Hispanic heritages The
ehallenge of how to assimilate the Hispanic population into the community without
denying them of their ethnicity has become evident in present day Yakima.
Additionally, these citizens tend to make up a significant percentage of Yakima's lower
socio-economic group -- significantly increasing the potential for at -risk youth,
increasing the potential for the alienation of this major sector of our community and
limiting this group's access to programs that can assist them in the skills that they need
and seek.
The face of the Yakima Valley is literally changing and with this change came cultural
misunderstanding and miscues which have led to frustration, anger, and outright racism.
Implementing art programs which target an ethnic culture serve as the bridge over which
we can forge new connections, make a place at "the table" for our new residents and
invite the "old guard" into a new circle.
The Allied Arts Council created the Mariachi Initiative not only to address the issue of
multiculturalism but, like many of our programs, to also address a multitude of issues
such as at -risk youth, art education, building community (as discussed above) and
promoting economic development (as discussed below). This initiative while focusing on
bringing traditional Mexican music into our schools is also looking for ways to involve
4
the rest of our community. Allied Arts Council has been working with Hispanic youth
and their families in school programs, park programs and community events. Our proven
ability to foster and create collaborative relationships is evidenced in the growth of all of
our programs as well as becoming an integral part of other organizations' missions.
Implementing the mariachi project in our rural under -served communities creates bridges
and opportunities through several avenues. Traditional folk musicians will be identified
and employed to share their experience with novice mariachi musician in the schools and
at community performances. This project is a vehicle for greater visibility and a
heightened sense of honor and recognition for the ethnic art. Additionally the Mariachi
Initiative brings a greater sense of community unity by bringing parents and students
together, supporting the Hispanic population and awakening an appreciation of several
aspects of Hispanic culture.
Economic Development, Workforce Preparation, Cultural
Districts, Public Art and Tourism
General Economic Development
The non-profit arts in the United States are a $37 billion industry and when our
communities invest in the arts, they are not opting for cultural benefits at the expense
of economic benefits. Careful research has shown that in addition to being a vital means
of social enrichment, the arts are also an economically sound investment for
communities of all sizes. The arts generate jobs, attract business investments, reverse
urban decay, revitalize struggling neighborhoods and draw tourist.'
Stated in other terms, the National Governors Association asserts that the non-profit
arts industry is a potent force in economic development nationwide. States and
communities have integrated the arts into their economic development arsenal to achieve
a wide range of direct and indirect economic goals. Arts programs have served as
components of high -impact economic development programs by assisting state and local
government in:
1. Leveraging human capital and cultural resources to generate economic vitality in
under -performing regions through tourism, crafts, and cultural attractions;
2. Restoring and revitalizing communities by serving as a centerpiece for
downtown redevelopment and cultural renewal;
3. Creating vibrant public spaces integrated with natural amenities, resulting in
improved urban quality of life, expanded business and tax revenue base, and
positive regional and community image; and
4. Contributing to a regions "innovation habitat" by simultaneously improving
regional quality of life — making communities more attractive to highly
5
desirable, knowledge-based employees — and permitting new forms of
knowledge -intensive production to flourish.
By harnessing the power of the arts and culture as tools, State and local governments can
unite communities, create economic opportunity and improve the quality of life.'
\A/s"rli¢a%rnn 113rnr+,"r.-1+11^ev
vv are rae ari a eNue ue1vo 1
Another crucial economic benefit of the arts is the preparation of the workforce. The
arts provide one alternative for states and local governments to build the workforce
of tomorrow — a choice growing in both popularity and esteem. The arts can provide
effeceffective learning, . .�,•t.�.-,;t;es to the ala l t, the nt 1 isk student populntior
tive ILUI 12111 11pi/\/12011244\.l 2\1 211\, general (11124 {V 211\.. 1tL 11J1w student F Si1Jl.S1cll.1Va1.
yielding increased academic performance, reduced absenteeism and better skill -building."
The Allied Arts Council's programs are designed and implemented with these
various aspects included -- culminating to impact the bottom line of improving our
socio -culture lives and stimulate our community's economic growth.
The "new economy" has reshaped previously held beliefs regarding productivity.
Knowledge has supplanted labor-intensive careers as the preferred path to economic
growth and stability. Human capital has become the primary determinant of a region's
economic vitality. Today's challenging workplace demands academic skills as well as
"intangible" assets such as flexibility, problem -solving abilities and interpersonal skills.
Old hierarchical, boundary -laden, and static organizational structures are giving way to
new kinds of "learning organizations" with flattened hierarchies. More decision-making
and problem solving authority rests in the hands of front-line employees, and self -
managed, cross -functional teams are replacing bureaucratic assembly lines. Furthermore,
extensive cross training, teamwork, and flexible work assignments are taking the place of
elaborate work rules.'"
The arts are a tool used by states and local governments to enhance workforce
readiness for students in both the general and at -risk populations. Programs
incorporating the arts have proven to be educational, developmentally rich and cost-
effective ways to provide students the skills they need to be productive participants
in today's economy. Arts programs combine academic and workforce development
skills in a manner attractive to participants of all age groups and economic
backgrounds."" Research reveals that when young people (both general and at -risk
populations) study the arts they show heightened academic standing, a strong capacity for
self-assessment, and a secure sense of their own ability to plan and work for a positive
future.
In a human capital -based, knowledge economy, the loss of workforce productivity is
tantamount to throwing money away. In this environment, governments and
communities do not have the option of excluding at -risk or incarcerated youth
populations from the workforce. In the face of such developments as a shrinking
workforce, increased globalization, and an aging population, government and community
6
leaders must continue (or begin) exploring and implementing methods that guarantee
higher levels of productivity and financial viability for their communities. Diverse arts
education programs — in and out of school curricula — have proven to be valuable
options to develop advanced workforce skills for general, at -risk and incarcerated
students. With the help of the arts, leaders can ensure that skills are developed
effectively, completely, and to the best advantage of the State and local governments and
their constituencies." With the help of the Allied Arts Council, the Yakima Valley
can ensure that skills are developed effectively, completely, and to the best
advantage of the region.
Cultural Districts / Public Art / Tourism
Cultural Districts typically are geographically defined areas of a city where people gather to
participate in cultural activities -- often intermixed with public art, offices, retail stores and
occasionally residential areas. The purpose of these areas and for public art in downtowns is to
promote urban revitalization. These areas themselves, the art and cultural events that occur in
them, and the organizations that sponsor them impact the community in a variety of ways:
1. Improve quality of urban life
2. Attract tourists and tourist dollars
3. Create a positive community image
4. Increase property values
5. Attract highly desirable employees and new businesses
6. Expand the business and tax revenue base c"'
The Allied Arts Council's Millennium Arts Plaza is one of these public spaces -- combined with
the Capital Theatre, Plaza Theatre and the adjacent downtown businesses a cultural district has
been created in Yakima. At a time when the viability of downtown Yakima is being questioned,
discussed and solutions sought, Allied Arts Council of Yakima Valley and the National
Endowment for the Arts had this solution.
Viable downtowns throughout the county know that public art helps create dynamic gathering
places. The public art make communities stronger, more vibrant and more livable places. This
project incorporates the vision and strength of combining the arts, business, government and
community to provide innovative ways to take advantage of Yakima's location and draw as a
tourist/convention destination.
The Allied Arts Council saw this NEA project as the ideal vehicle for addressing the profound issues
facing our population and region that are the need to revitalize our downtown area and address the
issue of diversity. The Millennium Artist in Residence project is designed specifically to
accomplish two goals: 1) to create a history that reflects our current population through public art
which serves as an economic catalyst 2) to involve people from all walks of life and backgrounds
in the process of creation, and which draws upon the Millennium artist and local artists who live in
the region in collaboration with the community at large. Entitled "Water of Life", the Millennium
Arts Plaza focuses on the unifying theme of water. This project brings together people of all ages
7
and across all socioeconomic boundaries to define and develop a common vision, learn,
problem -solve, plan, create, and celebrate.
Creating the Millennium Project in Yakima addresses several needs:
1. This project was created to address specific community issues in Yakima Valley. We are
addressing diversity as well as learning new ways to build community. Dramatic changes in
demographics require that we directly challenge our community to see a new perspective in
order to become stronger and more compassionate.
2. This project offers the opportunity to bring together people of all ages and across all
socioeconomic boundaries to define and develop and a common vision, learn, problem -
solve, plan, create, and celebrate.
1 This niOrr rt lxnll rvP51tP A rnnnlnmty QlthPrina nl;1rP
4. Yakima has no public art. We see this project as a step in revitalizing our core downtown,
again incorporating all of our citizens.
True Community development is not simply the process of rebuilding the physical infrastructure of
nitr neichhrvhnnrlc and rinurntr n renter It iS fiinrrl;lmentally, ;1bniit ental and e.rnnninir iilctire•
and it builds, not upon bricks and mortar, but upon the vision, energy and aspirations of people who
live and work in our community.'"'
Summary
The Allied Arts Council IS an organization that has taken (and continues to take) an
active role in the Yakima Valley's much needed areas of Education, Community
Development, Economic Development, At -Risk Youth and Cultural Diversity.
Involvement in the Arts and Human Development: General Involvement and
Intensive Involvement in Music and Theater Arts. James S. Catterall, Richard
Chapleau and John Iwanaga. The Imagination Project, Graduate School of Education &
Information Studies, University of California at Los Angeles, September 1999.
ii Imaginative Actuality: Learning in the Arts During the NonSchool Hours. Shirley
Brice Heath with Adelma Roach. Stanford University and Carnegie Foundation for the
Advancement of Teaching.
Alan Greenspan
'rhe Secretary's Commission on Achieving Necessary Skills (SCANS) was
established in 1990 by the Secretary of Labor with the goal of encouraging a high-
performance economy characterized by high -skill, high -wage employment. It defined
critical skills that employees need in order to succeed in the workforce and, indeed, in
life. In addition to basic literacy and computation skills which workers must know how
to apply, they need the ability to work on teams, solve complex problems in systems,
understand and use technology.
8
" Stand and Unfold Yourself: A Monograph of the Shakespeare & Company
Research Study. Steve Seidel, Harvard Project Zero.
"' Community Development. Americans For The Arts, 2001.
"" The Impact of Arts Education on Workforce Preparation. National Governors
Association, Center for Best Practices, Economic & Technology Policy Studies. 2002.
"''' Cultural Diversity. Americans for the Arts, 2001.
Economic Impact. American for the Arts, 2001.
The Role of the Arts in Economic Development. National Governors Association,
Center for Best Practices, Economic & Technology Policy Studies. 2002.
`' The Impact of Arts Education on Workforce Preparation. National Governors
Association, Center for Best Practices, Economic & Technology Policy Studies. 2002.
Building Skills for the New Economy. Policy Report, Progressive Policy Institute,
April 2001.
"' The Impact of Arts Education on Workforce Preparation. National Governors
Association, Center for Best Practices, Economic & Technology Policy Studies. 2002.
x'" Champions of Change: The Impact of the Arts on Learning. Conducted by
scholars from Columbia University's Teachers College, Harvard University, Harvard's
Project Zero, Stanford University, University of California at Los Angeles and the
University of Connecticut. 1999.
x" The Impact of Arts Education on Workforce Preparation. National Governors
Association, Center for Best Practices, Economic & Technology Policy Studies. 2002.
x"' The Role of the Arts in Economic Development. National Governors Association,
Center for Best Practices, Economic & Technology Policy Studies. 2002.
c"'' Cultural Districts. Americans for the Arts. 2001
'"' Partly attributed to Pratt Institute Center for Community and Environmental
Development.
9
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. l 13
For Meeting Of May 20, 2003
ITEM TITLE: Consideration of Resolution authorizing CDBG funding for Arts Van and Mariachi
Initiative requested by Allied Arts Council of Yakima Valley
SUBMITTED BY: jN iam Cook, Director, Community & Economic Development
CONTACT PERSON/TELEPHONE: Bill Cobabe, Office of Neighborhood Development Services
(ONDS) Manager (575-6101)
SUMMARY EXPLANATION:
This is a grant request of $12,000 from 2003 Federal Community Development Block Grant (CDBG) funds
to Allied Arts to operate their Arts Van and conduct their Mariachi Initiative Program.
At the April 16, 2003, City Council Neighborhood Development Committee meeting, members of the
committee recommended forwarding this proposal to the full Council.
Funding for this program would come from 2003 CDBG Community Service Program:
CD
2003 Beginning Balance v
Obligated As of 5/12/03
Available As of 5/12/03
This Request
$162,260
$68,760
$93,500
$12,000
The resolution would authorize and direct the City Manager to execute all necessary grant documents,
including a grant agreement, between the City of Yakima and Allied Arts. The final form of these
documents shall be reviewed and approved by the City Attorney.
Resolution X Ordinance Other (Specify) Contract
Mail to (name and address): Elizabeth Herres Miller, Executive Director, Allied Arts Council of Yakima
Valley, 5000 W Lincoln, Yakima , WA 98908-2695 Phone: 509 / 966-0930
Funding Source ONDS: CDBG Co unity Service Program Funds
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-77