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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. Page 2 of 13 5-29-03 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, Page 3 of 13 5-29-03 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) Page 4 of 13 5-29-03 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. Page 5 of 13 5-29-03 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. Page 6 of 13 5-29-03 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 Page 7 of 13 5-29-03 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 Page 8 of 13 5-29-03 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. Page 9 of 13 5-29-03 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: Page 10 of 13 5-29-03 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