Loading...
HomeMy WebLinkAboutR-1991-D5948 Allied Arts / Artsvan ProgramRESOLUTION NO. D"5948 iliA RESOLUTION authorizing execution of an Agreement with the Allied Arts Council of Yakima Valley for an "ArtsVan Program". • WHEREAS, the Parks and Recreation Division of the Department of Public Works owns and operates a number of public parks within the City of Yakima, and WHEREAS, Allied Arts is a private, non-profit corporation serving as an umbrella agency for arts groups representing visual and performing artist; and WHEREAS, Allied Arts has developed and refined an ArtsVan project as a means of providing visual and performing arts exposures to the public through informational classes in the City of Yakima and has offered to provide this expertise to the City of Yakima in return for the services spelled out in this Agreement, and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Allied Arts for these services, now, therefore. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated "1991 Agreement between the City of Yakima and the Allied Arts Council of Yakima Valley" for the period from July lst, 1991 to August 23rd, 1991. ADOPTED BY THE CITY COUNCIL this day of June, 1991 ATTEST: CITY CLERK MAYOR ***************************************************************** * FOR OFFICIAL USE ONLY: CONTRACT NO: 4Y-(07/0-��qyg* / * * * Provider: Address: * * * * Phone: Expenditure Code: * ***************************************************************** 1991 AGREEMENT BETWEEN THE CITY OF YAkIMA AND THE ALLIED ARTS COUNCIL OF YAKIMA VALLEY This Agreement, made and entered into the AY+w-day of (Jao^e__' 1991, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the `City' and the Allied Arts Council of Yakima Valley, a non-profit corporation herein referred to as `Allied Arts'. WHEREAS, the City finds it necessary to contract with Allied Arts to, provide visual and performing arts exposures it becomes necessary to enter into an Agreement with Allied Arts to provide said services. WITNESSETH: That for and in consideration of mutual covenants, promises and agreements, herein contained the parties mutually agree as follows: 1. The duties of providing visual and performing arts exposures are to be performed by the Allied Arts `ArtsVan program' in conjunction with the City's summer playground program. The Allied Arts 'ArtsVan program' shall commence on the 17th day of June, 1991, and terminate on the 16th day of August, 1991. 2. During the performance of this Agreement, the Allied Arts shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 3. Special areas of responsibilities for both the City and Allied Arts are contained in Attachment 'A' which is attached and incorporated into this Agreement. 4. It is expressly agreed upon by both parties that Allied Arts, are not employees of the City. Allied Arts is solely responsible for compensating their employees and/or contracted artists and complying with all applicable laws related to such employment, including but not limited to payment of Federal Withholding Ta:, FICA, Social Security Tax, Assessment for Unemployment and Industrial Injury. 5. It is understood that the City does not maintain liability insurance on Allied Arts and/or it employees. 6. Allied Arts shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any and all liability resulting out of the performance of this Agreement. 7. On or before the effective date of this Agreement the Allied Arts, shall provide to the City's Recreation Services Supervisor proof of liability of insurance in the amount of one million dollars that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. 8. As consideration for the services specified in this Agreement, the City agrees to compensate the Allied Arts according to the payment schedule, Attachment `B' which is attached and incorporated into this Agreement. 9. This Agreement, or any interest therein, can not be assigned in whole or in part by Allied Arts to any other party unless mutually agreed upon by both the City and the Allied Arts. 10. If Allied Arts fails to comply with the terms and conditions of this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement by setting forth cause in a written notice and giving Allied Arts five (5) days notice of termination. 11. If for any reason prior to termination of this Agreement as provided herein Allied Arts fails to provide the services specified in this Agreement and the City is forced to secure other such services, the Allied Arts shall be held liable for any and all additional expenses to fulfill their obligation to the City and it's 1991 summer playground program under this Agreement. 12. All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid, and addressed to the appropriate party at the addresses listed below. 13. This Agreement constitutes the entire Agreement between the parties. There is no other oral or written Agreements between the parties as to the subjects covered herein. ATTACHMENT `A' AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Promote and market the ArtsVan program in it's 1991 Summer Program Guide. B. No later than September 13th, 1991, meet with the Executive Director of Allied Arts to evaluate the 1991 summer program and make recommendations for future offering. C. Pay the Allied Arts Council within thirty (30) days after receiving the itemized invoice/billing. 2. The Allied Arts Council shall: A. On or before June 17th, 1991 provide to the City's Recreation Services Supervisor a schedule of classes containing: class titles, times, dates, locations, contents/themes and the name of the class instructor. B. Use its best efforts to make City residents aware of the ArtsVan program and its schedule of classes. C. Provide classes in visual and performing arts at each of the following City locations: Franklin Park, Larson Park, Gardner Park, Garfield School, Southeast Community Park, Martin Luther King Park, Milroy Park, Miller Park and Whitney School. D. Coordinate its class schedule with the City's Recreation Services Supervisor by June 21st, 1991. E. Select the content of its classes, however there shall be an emphasis on individual participation. F. Open each class to the general public with special emphasis on children, each class shall not be less than three (3) hours in length. G. Conduct a minimum of ten (10) classes per week, with a minimum of one (1) visual or performing artist and one (1) program assistant per class. H. Provide all necessary visual and performing arts materials and supplies in sufficient quantities for individual class participants. I. Use motor vehicle vans which distinctly displays the words `ArtsVan' on their exteriors. J. Provide to the City's Recreation Services Supervisor an itemized invoice/billing which clearly states where the moneys are projected to be spent per each location, by June 28th, 1991. K. Provide a written program evaluation and review to the City's Recreation Services Supervisor by September 13th, 1991. Contained within this report are: class attendance figures, age and sex of participants and ethnic mix per location. Also to be included are any observations or recommendations as to how the program can be improved on in the future. L. Provide a written financial report to the City's Recreation Services Supervisor by September 13th, 1991, which specifically illustrates how much was actually spent per location, per program. ATTACHMENT `B' PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Agree to pay the Allied Arts Council of the Yakima Valley, eight thousand dollars and no cents ($8,000) for the 1991 summer ArtsVan program. B. By the Allied Arts Council of the Yakima Valley within thirty (30) days upon receiving an itemized invoice/billing. 2. The Allied Arts Council of the YaP.ima Valley shall: A. Provide an itemized invoice/billing to the City's Recreation Services Supervisor by June 28th, 1991. B. Provide a final written financial report to the City's Recreation Services Supervisor by September 13th, 1991 outlining all actual expenses of the program and how they were spent. 14. 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 force. ALLIED ARTS COUNCIL OF THE YAKIMA VALLEY: Authorized Signature 5000 West Lincoln Yakima Address 7, Date WA 98908 City State Zip Code 966-0930 966-0930 Work Phone Number Home Phone Number CITY OF YAKIMA: L, 9,51'/ City Manager Date Attest: -�lcLiv,`_/ City Clerk