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HomeMy WebLinkAboutR-2009-017 Youth Visual and Performing Arts Program Agreement with Allied Arts Council of Yakima ValleyRESOLUTION NO. R-2009-17 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program for youth and families. WHEREAS, the City of Yakima needs a visual and performing arts program for youth; and WHEREAS, the Allied Arts Council of Yakima Valley has the experience and expertise necessary to provide said visual and performing arts programs and agrees to perform these services for the City under the terms and conditions set forth in the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with the Allied Arts Council of Yakima Valley, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "2009 Agreement between the City of Yakima and the Allied Arts Council of Yakima Valley" for the purpose of providing a visual and performing arts program for youth. ADOPTED BY THE CITY COUNCIL this 20th day of January, 0 Ai i EST: avid Edle , Mayor City Clerk a1lied-orta-09-res1 2009 AGREEMENT BETWEEN THE CITY OF YAKIMA AND ALLIED ARTS COUNCIL OF .YAKIMA VALLEY THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation, herein referred to as "City," and the Allied Arts Council of Yakima Valley, a Washington non-profit corporation, herein referred to as "Allied Arts." WHEREAS, the City desires a visual and performing arts program for youth and families. WHEREAS, Allied Arts has the experience and expertise necessary to provide said visual and performing arts program and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Allied Arts as follows: 1. Services. Allied Arts will provide visual and performing arts exposure through the ArtsVan Program, hereinafter referred to as "Program", in conjunction with the City's Summer Playground Program. The Program shall commence on the 15th day of June, 2009, and terminate on the 21st day of August, 2009. Special areas of responsibility for both the City and Allied Arts are contained and described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 2. Consideration. The City agrees to compensate Allied Arts for services rendered hereunder the sum of not more than Five Thousand and Three Hundred and Thirty -Three Dollars ($5,333.00). Allied Arts shall submit satisfactory documentation (invoices/billings) to the City Recreation Supervisor and the City shall make the required disbursement to Allied Arts within thirty (30) days after receiving said documentation. 3. Term. The term of this Agreement shall commence on the 1st day of June, 2009, and terminate on the 1st day of October, 2009, unless sooner terminated in accordance with Section 17 or Section 18 of this Agreement. 4. Independent Contractor Status of Allied Arts. Allied Arts and the City understand and expressly agree that Allied Arts is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Surveyor shall act on behalf of or represent him or herself as an agent or representative of the City. Allied Arts, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Allied Arts expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six - part independent contractor test set forth in RCW 51.08.195. Allied Arts and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment Page - 1 nor shall claim against the City any related employment benefits, social security, and/ or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Allied Arts and the City. 5. Right to Inspect and/or Audit Financial Records. Allied Arts shall maintain records and documents necessary to assure the proper accounting of all funds paid to Allied Arts pursuant to this Agreement. The City or any of its duly authorized representatives shall have a right to access such records and documents for the purpose of making an inspection, an audit and/or copies. All such records and documents shall be retained and available for inspection, audit and copying by the City during the term of this Agreement and for a period of three (3) years following the termination of this Agreement. In the event that any such inspection or audit identifies any discrepancy in the accounting of funds paid to Allied Arts under this Agreement, Allied Arts shall provide the City with appropriate written clarification and financial adjustment within thirty (30) calendar days of notification from the City of the discrepancy. 6. Taxes and Assessments. Allied Arts shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Allied Arts shall pay the same before it becomes due. 7. Nondiscrimination Provision. During the performance of this Agreement, Allied Arts shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 8. The Americans With Disabilities Act. Allied Arts agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 9. Compliance With Law. Allied Arts agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 10. No Conflict of Interest. Allied Arts covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Allied Arts further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. Page - 2 11. No Insurance. It is understood the City does not maintain liability insurance for Allied Arts and/or its employees. 12. Indemnification and Hold Harmless. Allied Arts shall protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, and employees from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or in any way connected with the activities of Allied Arts related to this Agreement. 13. Insurance. a. Liability Insurance. On or before date this Agreement is fully executed by the parties, Allied Arts shall provide the City with a certificate of insurance as proof of liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Automobile Liability Insurance. On or before date this Agreement is fully executed by the parties, Allied Arts shall provide the City with a certificate of insurance as proof of automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Industrial Insurance. Allied Arts shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, Allied Arts shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. d. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. Page - 3 14. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Allied Arts to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Allied Arts stated herein. 15. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Non -Waiver. The waiver by Allied Arts or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17. Termination. Either party may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 18. Termination/Reduction of Services Due to Withdrawal, Reduction or Limitation of Funding. In the event that funding from any source is withdrawn, reduced and/or limited in any way after the effective date of and prior to completion of this Agreement, the City may unilaterally reduce the scope of services, work and compensation of this Agreement, or summarily terminate this Agreement notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon hand delivery or delivery by facsimile of a written notice of termination to Allied Arts, or three (3) calendar days after mailing (by first class mail) of a written notice of termination to Allied Arts, whichever is sooner. 19. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO ALLIED ARTS: Parks and Recreation Manager City of Yakima Public Works Parks & Recreation Division 2301 Fruitvale Boulevard Yakima, WA 98902 Executive Director Allied Arts Council of Yakima Valley 5000 West Lincoln Avenue Yakima, WA 98908 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such Page - 4 notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 21. Third Parties. The City and Allied Arts are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. 22. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 24. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 25. Authority. The person executing this Agreement on behalf of Allied Arts represents and warrants that he or she has been fully authorized by Allied Arts to execute this Agreement on its .behalf and to legally bind Allied Arts to all the terms, performances and provisions of this Agreement. CITY OF YAKIMA ALLIED ARTS COUNCIL OF YAKIMA VALLEY By: R. A. Zais, r., City Manager Date: /--0234-Dg Resolution No. Page - 5 By: 1/1(6Y)) Print Name: J S c./n, Title: Date: ala+.,/� � EXHIBIT "A" AREAS OF RESPONSIBILITY 1. The City of Yakima Parks and Recreation Division shall: A. Promote the ArtsVan Program in its 2009 Summer Program Guide. B. No later than April 1, 2009, meet with the Executive Director of Allied Arts to schedule the 2009 Summer Program and make recommendations for future offering. 2. The Allied Arts Council shall: A. On or before April 1, 2009, provide the City's Recreation Supervisor a schedule of classes containing: class titles, times, dates, locations, contents/ themes and the name of the class instructor. B. Use its best efforts to make City residents aware of the ArtsVan Program and its schedule of classes. C. Provide classes in visual and performing arts at eight (8) City park locations to be determined by the Recreation Supervisor by April 1, 2009. D. Coordinate its class schedule and family cultural performances with the City's Recreation Supervisor by April 1, 2009. E. Provide once a week (7 total) evening "ArtsVan in the Park" for families to be located at Franklin Park. Hours to be determined by April 1, 2009. Art classes shall not be less than two (2) hours in length. F. Select the content of its classes and family cultural performances; however, there shall be an emphasis on individual participation in the ArtsVan activities. G. Open each class to the general public with special emphasis on children; each class shall not be less than two (2) hours in length. H. Provide all necessary visual and performing arts materials and supplies in sufficient quantities for individual class participants. I. Use motor vehicle vans that distinctly display the words "ArtsVan" on their exteriors. 1• Provide a written program evaluation and review to the City's Recreation Supervisor by September 30, 2009. Contained within this report are: class attendance figures, age and sex of participants, and ethnic mix per location. Also to be included are any observations or recommendations as to how the program can be improved on in the future. K. Provide a written financial report to the City's Recreation Supervisor by September 30, 2009, which specifically illustrates how much we actually spent per location per program. Page - 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. �- For Meeting of: January 20, 2009 ITEM TITLE: Consideration of a Resolution authorizing the 2009 Agreement with Allied Arts Council of Yakima Valley for a Visual and Performing Arts Program for Youth SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT PERSONfTELEPHONE: Ken Wilkinson 575-6020 SUMMARY EXPLANATION: Attached is the 2009 Agreement between the City of Yakima and Allied Arts Council of Yakima Valley for a summer visual and performing arts program for youth. This program provides $5,333 for a free summer "ArtsVan" program, which will include regular weekly visits to City parks for visual and performing arts classes for youth and a weekly evening art experience for families at Franklin Park. Allied Arts has provided this program for over a decade. Funding for this program was approved during the 2009 Budget process. Resolution X Ordinance Other (Specify) Contract X Mail .to (name and address): Executive, Director, Allied Arts Council of Yakima Valley, 5000 West Lincoln Avenue, Yakima, WA 98908 Phone: 966-0930 Funding Source: 2009 Parks & reation Budget - $5,333 APPROVED FOR SUBMITTAL: City Manager. STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing the City Manager of the City of Yakima to execute the 2009 Agreement between the City of Yakima and Allied Arts Council of Yakima Valley, to provide avisual and performing arts program for youth and families. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: