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Community Cultrual Plan AgreementAgreement Between The Wolf Organization, Inc. And the City of Salina, Kansas 1. Introduction: Agreement dated May 4, 1990 by and between THE WOLF ORGANIZATION, INC., a Massachusetts corporation with prin- cipal offices at 8 Francis Avenue, Cambridge, Massachusetts and the City of Salina through the Salina Arts and Humanities Commission (Client) with principal offices at 211 West Iron, Salina, KS 67402-2181 (913-827- 4640) 2. Retention and Description of Services: During the term of this Agreement, The Wolf Organization, Inc. will furnish consulting services as requested by Martha Rhea as Executive Director of the Salina Arts and Humanities Commission in connection with the project specifically described in the Scope of Work included as Attachment A. These services shall be provided in accordance with the time schedule included in that Attachment. 3. Where Services may be Performed: The consulting services of The Wolf Organization, Inc. may be performed at their offices at 8 Francis Avenue in Cambridge, Massachusetts and Salina, Kansas, or any other places that are appropriate and are mutually agreed upon by the Client and The Wolf Organization, Inc. 4. Compensation: For all the consulting services provided under this Agreement, Client shall pay The Wolf Organization, Inc. a total fee of $40,000. At the signing of this Agreement, Client shall pay The Wolf Or- ganization, Inc. $8,000. Additional payments to The Wolf Organization, Inc. shall be made in accordance with the payment schedule attached to and made a part of this Agreement in Attachment A. Payment of the $40,000 consulting fee shall constitute full payment for the services described in Attachment A attached to and made part of this Agreement. 5. Modifications of this Agreement- This Agreement may be modified with the written consent of both parties.. T fieXXblf Organization, Inc page 2 - 6. Independent Contractor Relationship: The relationship of The Wolf Organization, Inc. to Client is that of an independent contractor under contract with Client and not that of an agent, servant or employee. Consistent with this relationship, neither party to this Agreement has any authority to act for, represent or bind the other party in any manner ty without obtaining that par's prior written consent or approval. 7. Conflicts of Interest: During the term of this Agreement, neither Party to this Agreement shall enter into any activity or arrangement which conflicts with the interests of the other patty or with its own obligations under this Agreement. Each party to this Agreement shall have the option to terminate this Agreement at any time if in its sole judg- ment a conflict of interest exists or is imminent. Each party to this Agree- ment shall disclose to the other party any possible activity or arrangement which poses a potential conflict of interest before undertaking that activity or arrangement. 8. Proprietary Information: The techniques and ideas provided under this Agreement constitute confidential proprietay information belonging only to The Wolf Organization, Inc. and the Client. Employees or staff of Client may only use this information in connection with the work that they do for Client. Client agrees to take all reasonable steps necessary to safeguard the confidentiality of these techniques and ideas and to prevent employees from using these techniques and ideas for their own personal ad- vantage at the expense of The Wolf Organization, Inc. and/or Client. 9. Confidentiality: Any reports, data, or other information given to, prepared or assembled by, the consultant, under the contract, shall, if re- quested by the Client, be kept confidential and shall not be published or made available to any individual or organization by the consultant without prior written approval of the Client. 10. Termination of Agreement by Notice: Either party may terminate this agreement upon 45 days notice by registered or certified mail, return receipt requested, addressed to the other party. If this agreement is ter- minated by client, client shall be liable and shall pay to the Wolf Organiza- tion, Inc. at the effective date of termination all payments up to the date of termination according to the payment schedule. If this Agreement is terminated by the Client without cause or if it is terminated by the Wolf Organization, Inc. as a result of a default by the Client, then the Client shall pay in addition liquidated damages equal to 25% of the difference be- TheNX,b f Organization; Inc -page 3 - tween the total consulting fee of $40,000 and the sum of all payments that should have been made as of the date of termination according to said pay- ment schedule. The 45 days' notice shall be measured from the date the notice is posted. 11. Client's Duty to Co-operate: To enable The Wolf Organization, Inc, to furnish the consulting services called for under this Agreement, Client agrees to provide The Wolf Organization, Inc. with the services and documentation described in Attachment A attached to and made part of this Agreement. Notice will be provided to Client by The Wolf Or- ganization to allow sufficient time to perform the requested services. 12. Indemnity: The Client shall indemnify The Wolf Organization, Inc. and hold it harmless against any claim, suit, judgement, cost, fee or ex. pense, including reasonable attorney fees, resulting from: • any recommendation made by The Wolf Orgaization, Inc., while performing consulting services for the Client. • any negligent or intentionally wrongful act or omission of the Client, its agents, representatives, or employees. The Wolf Organization, Inc., shall indemnify the Client and hold it harm- less against any claim, suit, judgement, cost, fee or expense, including reasonable attorney fees, resulting from any negligent or intentionally wrongfull act or omission of the Wolf Organization, Inc., its agents, repre- sentatives, employees, or independent contractors under contract with the Wolf Organization, Inc. 13. Governing Law: This Agreement is subject to and shall be inter. preted in accordance with the laws of the State of Kansas. Date: VJ\ �--y 1, l9 9 0 d for Client Date: 1 31, 199 4AII. 0 : for he Wolf amz ion, Inc. The\Xk>If CXwnizatinn; Inc -page 4 - Attachment A L Scope of Work Phase I.• Review of Materials (May 1 - 15, 1990) To better understand the existing climate for arts and cultural activities in Salina, the consultants will, after the signing of a contract, review: • available current demographic information and planning studies regarding Salina, Saline County, and the region • information about private nonprofit cultural organizations, including program descriptions, financial statements, promotional materials, and annual reports when available • ordinances, enabling legislation, or other public actions relating to public cultural agencies and activities • listings, directories, or registries of artists in Salina • available information on private philanthropy in the region including listings of foundations, studies of private giving patterns, guidelines of philanthropic programs • other information which pertains to the project. Phase II.• Initial Planning and Retreat (May 15 • June 15, 1990) 1. The consultants will work with senior staff of the Salina Arts and Humanities Commission, the Community Steering Committee, and the Community Arts Task Force to develop a "Project Oversight Group." This group will be responsible for working closely with the consultants to offer opinions and advice, provide background information, review survey instruments, and provide feed -back on consultants' recommendations. This group will receive monthly progress reports from the consultants and will meet with consultants when they are on-site. The'\X" f On-anizarirm,Inc -page 5 - 2. The consultants will develop, in conjunction with the Project Over. sight Group and Salina Arts and Humanities Commission staff, a Key Per- sons List with regional representation, which will serve as the master list of the individuals in the area who will be resources for the consultants during various components of the fact-finding. Many of these individuals will be interviewed, either alone or in small group sessions, by the consult. ants. They may also serve as a core group of contact people for public meetings designed by the consultants. I The consultants will design a structured public meeting format to ad- dress specific areas of concern in the community (such as concerns about additional cultural -related services or facilities). This meeting design has been tested in many communities by the consultants. It allots specific periods of time for individuals to give testimony on identified topics. In addition, written commentary will be solicited. The purpose of these ses- sions will be to gather information from segments of the public who might not otherwise have an opportunity for input into the cultural plan. 4. The consultants will conduct a half-day retreat session with a group of between twelve and twenty-five individuals, chosen from among the Project Oversight Group, the Community Steering Committee, the Com- munity Arts Task Force, and members of the staff and board of the Salina Arts and Humanities Commission. The purpose of this retreat will be to ascertain the strengths, weaknesses, opportunities, and risks of arts and cul- tural activities in the community. 5. The consultants will meet with the Project Oversight Group and Arts Commission staff to work out final scheduling and other details of the con- sultancy. Phase III. • Design of Research Tools dune I - June 30, 1990) During this phase, the consultants will design a statistically -based telephone survey of a small, geographically representative sample of households of the general public, employing a probability sampling method. This allows for longer surveys, detailed responses, and break-outs of responses by level of arts attendance or other relevant factors. The Project Oversight Group will have an opportunity to review and comment on these instruments before they are implemented. TheVblf Ormnimrinn; Inc page 6 - After the survey has been implemented, and as part of the preliminary report, the consultants will provide an analysis of this statistical informa- tion and will furnish specific data about attendance patterns, the community's perceptions of its arts and cultural needs, as well as its will- ingness to support additional programming. Phase N.• Fact-finding (%une I - October 1, 1990) Using the expertise of specific team'members, the consultants will perform a comprehensive needs assessment of the arts and humanities in Salina in the following major areas: 1. Community arts assessment The consultants will conduct a series of individual interviews and small group sessions with representatives of the arts community, key city offi- cials and staff members, representatives of the business community, the funding community, the media, and others in the region with an interest in arts activities. In addition, public meetings will be held. The purpose of these sessions will be to determine the current state of cultural activities in Salina and to identify areas where additional activities and services might be considered. 2. Organizational overview of Salina Arts and Humanities Commission Since this plan may result in additional administrative or programmatic work for the Salina Arts and Humanities Commission, it is important to understand the implications of handling any additional workload on the ex- isting organizational structure. Thus, the consultants will spend time on- site to interview key staff members and members of the Salina Arts and Humanities Commission and others. The purpose of these interviews will be to assess the effectiveness of the Arts and Humanities Commission in such areas as administration, programming, board and staff relationships, grants programs, and marketing, and make recommendations for any neces- sary improvements. I Arts and humanities organizations Through a detailed review of information provided by the arts and humanities organizations as well as individual interviews and small group The%Xblf Organisation; Inc -page 7 - meetings with representatives of key organizations, the consultants will as- sess these organizations' abilities to respond to future community cultural needs. Particular attention will be paid to ways in which organizations can cooperate with and enhance communication between one another. 4. Community Perceptions of the Arts/Marketing Issues The consultants will administer the survey designed in Phase III, in order to probe audience development and marketing issues relating to preferen- ces of event types and facility locations among the general public, as well as attitudes towards the arts, concerns relating to participation, funding, and community image. 5. Public and Private Support for the Arts Through a series of interviews and small group meetings, the consultants will assess private contributors' perceptions of the arts and culture in the community and other issues relating to the cultural fund-raising potential of the private sector. In addition, the consultants will evaluate long-term funding considerations as well as opportunities for public/private partner- ships in Salina. 6. Facilities Through site -visits, interviews, and a written protocol, the consultants will conduct an overall evaluation of facilities for both the, performing and visual arts. This evaluation will incorporate data on audience demand for arts programming and arts and humanities organizations' need for space with an inventory of present and proposed facilities. It will also incor- porate existing as well as new data on facility needs, types, locations, priorities for development, and other issues. The consultants will work with the Project Oversight Group and will review any existing facilities studies. In addition, the consultants will review the Fox Theater to assess its potential for renovation, the types of programming which it might support, and possible models for operational structure. The facilities at Marymount College will also be reviewed. TheV blf Chmnization; Inc page 8 - 7. Artists' Needs/Special Populations Through a series of group meetings with representative artists and craftspeople from the community, the consultants will assess the complete range of key issues and options for artists, including such issues as the availability of artists' living and working spaces, impact of local public arts Programs, needs for technical assistance, and others. In addition, through a series of well -focussed individual interviews and small group meetings, and based on experience gained in a wide range of other communities (including Chicago, Kansas City, Jackson, Mississippi, and Warwick, Rhode Island), the consultants will assess the arts develop- ment issues and needs' of minorities and ethnically diverse populations. S. Arts and humanities education Through a review of existing materials as well as individual interviews, the consultants will assess arts and humanities education needs and potential. In addition to reviewing school arts instruction, residency activities, and en- richment programs, the consultants will explore opportunities for arts and humanities education outside the traditional school setting, including such things as parks and recreation or library programming. These components of the fact-finding process will be conducted simul- taneously by the consultants. A comprehensive assessment report highlight- ing the findings will be prepared, as described in Phase V. Phase V. Submission of Preliminary Report (November 1, 1990) The consultants will prepare a Preliminary Report which will provide: • An overview of the current state of the arts and humanities activities in Salina • A summary of the results of the fact-finding activities of the consultants • A comprehensive report on the public opinion surveys conducted by the consultants The Wolf Om -11 lization, Inc -page 9 - In addition, the report will contain: • Recommendations for additional arts and humanities activities for Salina • Assessment of the current state of arts and humanities organizations and recommendations on ways in which their operation and programming might be improved, including specific comments on ways to enhance communication and cooperation among them • Assessment of the current operation and program of the Salina Arts and Humanities Commission, as well as recommendations, if necessary, for improved operations • Recommendations for enhancing public and private support for arts and humanities activities • Assessment of existing facilities and need for additional facilities, with recommendations on strategies for facility acquisition, renovation, and usage, including possible renovation of the Fox Theater or use of facilities at Marymount College • Recommendations on programs and/or activities to strenb hen the community of artists and craftspeople in Salina • Recommendations on outreach programs and other techniques to identify and address the needs of ethnically diverse groups in Salina • Recommendations on ways to enhance opportunities for arts and humanities education both within schools and outside traditional classroom situations • An overview of the necessary steps to review, revise, and begin implementation of the plan. All protocols and survey instruments will be provided in appendices to this Report. Phase VI- Retreat (by November 15, 1990) Within several weeks of the receipt of the Preliminary Report, the consult- ants will conduct a day -long facilirated retreat of about twenty-five people (made up of representatives of the Project Oversight Group, the Com- munity Steering Committee, and others, to be selected later) to review the key recommendations of the Preliminary Report. The session will be The)Xblf Oiwnization, Inc -page 10 - designed to identify arms of consensus, as well as areas where more work may be necessary to reach consensus. In addition, the retreat will also address the issue of how to build upon the interest and involvement of the wider community to move forward with the acceptance and implementation of the plan by the community. Phase VII. • Submission of Final Report (December 1, 1990) The consultants will submit a Final Report which has been revised to reflect the input and comments of participants at the retreat. The'Wblf Organization; Inc page II - Client Responsibilities Among the tasks which will be the responsibility of the client are in- cluded the following: •- Salina Arts and Humanities Commission staff will provide the consultants will any available information about Salina and its arts community, as described in Phase I of the Scope of Work. • The Project Oversight Group and the Salina Arts and Humanities Commission staff will assist the consultants in identifying individuals for the Key Persons List. In addition, staff will be responsible for setting up the retreat session and coordinating all schedules. • The Project Oversight Group will review and comment on any research tools and other protocols in a timely manner • The Project Oversight Group and/or Salina Arts and Humanities Commission staff will assist the consultants in identifying the individuals to be interviewed, scheduling of and follow-up for all interviews and meetings, and coordinating access to all existing research materials. T1ieWbIf Om. anization, Inc page 12 - Payment Schedule Upon signing of contract $8,000 June 1 4,500 July 1 4,500 August 1 4,500 September 1 4,500 October 1 4,500 Upon receipt of Preliminary Report 4,500 Upon receipt of Final Report 5,000 Total E40,000 'H1e\Ck,If O,t=;mirition, Inc.