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".
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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
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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