Contract Review: Addendum C - Procedures: Articles 1 and 2

5 months ago
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For the final piece of the LARP Review, the Parks and Recreation Department is seeking community feedback on the main portions of the contract that all LAAP participants and PARD will sign. Addendum C (part 1) Article 1: Scheduling Procedures, Article 2: Workshops & Classroom Procedures of the contract is copied below. Comments must be submitted by Thursday, June 27, 2019.

You can all review a PDF of Addenda A, B, and C by clicking here.


ARTICLE 1: SCHEDULING PROCEDURES

PARD Roles and Responsibilities:

1.01   PARD staff will provide to the Partner the calendar of availability for the upcoming LAAP term once Partner is selected to be a part of the Latino Artist Access Program. PARD will provide access to the calendar in order of the Partner ranking based on the application scores. PARD staff will provide Partners with the Room Reservation Request Forms (Attachment B) within 60 days of Partner selection. Forms are due to PARD within 30 days after they are provided. Partners are to submit a completed Room Reservation Request Form for performances, load-in and load-out dates, rehearsals, tech rehearsals (in the Room requested for performances) and classes by the deadline provided by PARD staff. Room Reservation Forms will be time stamped when received by PARD staff, reviewed and approved based on time received and completeness of the Room Reservation form information.

1.02   PARD staff will review the Room Reservation Forms that were completed and submitted by the stated deadline to evaluate any conflicting requests. PARD staff will work to resolve any conflicts at this time and may call Partners together in an attempt to negotiate alternatives for the conflicts. If Partners, with conflicting requests, cannot come to a resolution, PARD staff will honor the request of the Partner whose form has the earliest submittal time stamp. PARD staff reserves the right to make the final determination of the site’s programming schedule.

1.03 PARD staff will send Partners written confirmation of their reservations no later than the first business day of March of any given year by 5pm. Once the dates are set, Partners may not change their performance dates except in the case a verifiable emergency Act of God or with the approval of the Site Manager.

1.04 It is recommended that cancellations or changes to a series of rehearsal dates be made no later than three months in advance. PARD staff will attempt to accommodate a newly requested series of dates pending availability of space and staffing. If the requested Room is not available for the new date, PARD staff will attempt to provide a suitable alternative on the Premises.

1.05 Cancellation of production dates that result in a cumulative loss of City revenue of $2400 or more (for the potential rental of the space for the reserved time at the current rate in the COA fee schedule Attachment ) will result in termination of this agreement.

1.06   While “double-booking” is a rare occurrence, the PARD Site may be petitioned for the loss of Partner revenue incurred as a result of an error in booking.

Partner’s Roles and Responsibilities

1.07   A Partner is allowed no more than six room reservation cancellations for rehearsals, classes, meetings or other preparations per the City’s fiscal year. A Partner must notify PARD staff by email of a room reservation cancellation no later than 48 hours before the time the room was scheduled for use and before 3pm on Fridays prior to an event schedule for the following Saturday, Sunday and Monday.

1.08   A Partner cancelling classes for the public must provide the class members and patrons with the cancellation notification no later than 24 hours before the scheduled class or by 3pm on the Friday prior to an event scheduled for the following Saturday, Sunday or Monday (Excludes the event of death, illness or Act of God relating to the Principal Partner).

1.09   For rehearsal dates, it is recommended that a Partner request ad hoc changes to their schedule in writing to reserve one usage of a room no later than 48 hours in advance and by 3pm on Fridays before the date of the first projected room use. This will provide the best chance of success that staff can fulfill the request. If a Partner wishes to request a “late booking”, it will be received no later than 24 hours in advance, and prior to 3pm on a Friday. Requests received after 24 hour advance notice and after 3pm on Fridays may not be honored. “Late bookings” may be filled pending staff and space availability and Site Manager approval. “Late bookings” may be fulfilled at an alternate site. There is a limit of ten (10) changes to rehearsals per year.

ARTICLE 2: WORKSHOPS & CLASSES PROCEDURES

Partner’s Roles and Responsibilities:

2.01   Partners will adhere to the Local Standards of Care (including staff to youth ratios) as mandated by the City Council of the City of Austin (see Attachment G) when providing educational programs to children. Inappropriate behavior with children as defined by the Local Standards of Care will result in immediate termination from the LAAP. Any abusive behavior that is legally required to be reported to local law enforcement will be reported by PARD staff.

2.02   Partners shall offer an educational program to the public of a value that is commensurate with the cost of using the Premises for the Partner’s presentation as determined by the Site Manager.  Partners may submit a Workshop/Class Proposal Form (Attachment C) for facility use for workshops 3 months in advance of the planned offering, the contents of which are subject to site manager approval. One Workshop/Class Proposal Form must be completed for each requested workshop.

2.03  If the requested workshop will culminate in a final production, Partner will follow the process as stipulated in this agreement.

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2.04   Partner is responsible for securing the services, at Partner’s sole expense, of qualified instructors, as well as any other personnel needed to safely conduct each class or session. Before offering or scheduling a class or event Partner acknowledges and agrees that all instructors, including the Partner, if the Partner is an individual or sole proprietorship, must successfully pass the City’s Criminal Background Investigation (CBI).  Partner warrants that no person shall be permitted to substitute for the original designated instructor until the proposed substitute has also satisfied the requirement.  Partner shall contact the PARD Contact for needed information about scheduling the CBIs.

2.05   All classes will be supervised by the Partner or a qualified instructor.  Partner shall ensure that students are not left unsupervised at any time.  If minors or other vulnerable populations are permitted to attend a class, Partner shall ensure that parents and authorized caregivers of participants are be invited and encouraged to visit the program sites, and to observe the class, at any time on a drop-in basis.  Partner agrees that parents or caregivers do not need prior approval or permission to observe a class or session.  The Partner will not permit any person to assist with a class or session without prior written approval by PARD staff. Partner shall submit a roster of all instructors with their CBI status when Attachment C, Residency Education Roster, is submitted.  Changes to roster (including notification of completed CBI’s for all instructors) shall be submitted prior to the first day of class.

2.06  It is highly recommended that Partner provide qualified instructors with CPR training at the Partner’s expense.

PARD’s Roles and Responsibilities:

2.07   PARD shall approve workshops and classes provided to the public by the Partner within 30 working days of receipt of the request.

2.08  PARD reserves the right to review and approve curriculum, curriculum implementation and classroom conduct for the purposes of maintaining the best, most appropriate and most consistent quality of educational programming for the public. PARD reserves the right to observe classes, and amend or cancel educational programming if the quality does not meet PARD’s standards of instruction pursuant to the Youth Program Quality Assessment (Attachment H).

2.09   PARD will refer all inquiries, concerns, questions or complaints in written form to the Partner regarding educational programming for resolution within 24 hours of receipt of the complaint.


Please provide your comments on Addendum C: Articles 1 and 2 below. If referring to a specific section, please identify that section (for example: "section 2.06").

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