HomeMy WebLinkAboutCalifornia, State Of; 2001-06-07; Arts CouncilSTATE OF CALl3ORINIA
~TAND\ARD&REEMENT -~;o&"",~E;fi!
sm. 2 (REv.s-91)
THIS AGREEMENT, made and entered into thi June 7,200l
in the State of California, by and between State of California, through its duly de&d or appointed, quaMicd%nd acting
TITLE OF 0FFICE.R ATG FOR STATR AGENCY
Chief of Administrative Services j California Ms Council
CONlR4CI-OR’S NAME
City of Carlsbad
, hereafter called the State, and
, hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter exprcascd, does hereby agree to furnish to the State services and materials as follows: (Setforth service to be rendered by Contiactor, amount to bepaid Contractor,
time fO* perfwmance or completion, and attach plans and speciJcations, if any.)
Contractor, as a participant in the California Arts Council’s Traditional Folk Art Program for 2000-01 and 200142 shall adhere to the attached Schedule of Agreement with Exhibit A attached and made a part of this agreement.
June 7,200l through June 28,2002
Total amount not to exceed: $5,000
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR I
AGENCY CONTRACTOR
TITLE
Chief of Administrative Se1
AMCNJNT ENCUMBERED BY THIS DocuMENr
$5,000
PRIOR Ah4DUtdT ENCUMBERED FOR MlsCONmAcr
$0
TOTAL AhiDUh’T BNCUh4BERED TO DATE
ADDRESS 1200 Carl&ad Village Drive ’
ices Carlrbad
PR’JGRAhVCATEGDRY (CODE ANDTlTLJ3 FUNDmE
IL
s5,ooo . . .._ 3204-706-10600= $2300 00-01/%2$00 01-02
I hereby camfy upon my own personal knowledge that budgeted tinds are T.B.A. NO.
available for the period and purpose of the expenditure stated above.
TFA
(OFTONAL USE)
General
ITEM CHAPTER .TTAlWE FISCAL. YEAR
8260-101-0001
OBJECT OF EXF’ENDlIURE (CODE AND Tll-LE)
B.R. NO.
I I .
SIGNATURE OF ACCOUNTING OFFICER tin’ DATE
CA 92008-1989
Department of General
Services Use Only
.a CONTRACTOR v 0 STATE AGENCY 0 DEPT. OF GEN. SER. 0 CONTROLLER cl
,t
Jz hj i
STAT; OF CAL!FORN:A . STANi3ARD AGREEMENT STD. ;’ (REV. 5.9’) (REVFRSE)
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers,agents and employees
from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation furnishing or supplying work services,
materials or supplies in connection with the performance of this contract, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the
Contractor in the performance of this contract.
1. l’he Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall
act in an independent capacity and not as oflicers or employees or agents of State of California.
3. TiwSt.atr may terminate this agreement and be relieved ofthe payment of anyconsideration toConlractor
should Contractor fail to perform the cova~ants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed
proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this
agreement, and the balance, if any, shall be paid the Contractor upon demand.
4. Without the written consent of the State, this agreement is not a.ssignable by Contractor either in whole
or in part.
5. Time is of the essence in this’agreement.
6. No alteration or variation of the terms of’this contract shall be valid unless made in writing and signed by
the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on
any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
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91 61014
SCHEDULE OF AGREEMENT
Traditional Folk Arts
2000-2001
7l-W CONTRACT IS NOT VALID UNTIL SIGNED BY THE STATE OF CALIFORNIA AND
CONTINGENT UPON COUNCIL APPROVAL.
Between California Arts Council (hereinafter-called CAC) and the forenamed Contractor for
participation in CAC’s Traditional Folk Arts for fiscal year 2000-2001.
1. -
Contractor agrees to perform and carry out all services and activities specified in the
Project Description and Budget attached hereto as Exhibit A and incorporated
herein by this reference.
Contractor may request changes to the project descriptions, sites, program
design, format, dates of contract and contractor’s name and budget in the form
of a contract amendment. Requests for contract amendments must be in writing
and approved by the CAC’s Traditional Folk Arts Manager or Program
Administrator. Contractor shall not implement any such changes until the
approval process has been completed. All changes must be requested before
the end of the contract period.
2. COSTS
In consideration for the satisfactory performance of Contractor’s duties as specified
in Exhibit A, the Project Description, the CAC agrees to pay Contractor a sum not to
exceed the total amount shown on the Standard Agreement, for items as listed in the
Exhibit A Budget, attached and incorporated herein by this reference.
Advance payment totaling 25 percent of the contract amount may be made upon
approval of the contract and submission of an invoice.
All supporting documentation will be retained by the contractor and nnt
submitted with the invoice unless specifically requested in writing by CAC
staff.
The contractor is to submit all invoices for reimbursement to the CAC within 90 days
after the contract completion date. Invoices received by the CAC after the 90 days
may not be paid by the CAC.
Contractor agrees to all audits that the CAC may require concerning the
performance of this contract.
Contractor agrees to return all funds that are determined to have been expended on
ineligible expenditures or have the ineligible amount deducted from the final invoice.
Failure to provide documentation of expenditures for amounts received from the
CAC shall also be considered cause for disqualification from future funding
consideration by the CAC.
Budget changes shall be allowed within Personnel Expense category, but may not
increase ac decrease a specified line item by more than 20 percent, providing that
there is a corresponding increase or decrease in another line item within the
Personnel Expense category.
The Contractor must submit a CAC-308, Budget Revision Request Form to: 1)
increase or decrease any line-item by more than 20 percent; or 2) move any dollar
amount between the Personnel Expense and Operating Expenses categories.
Invoicing for an advance and/or progress payments are to be completed by the
Contractor in accordance with the invoice instructions.
Contractor hereby agrees to report to CAC, upon such forms as CAC may require,
regarding such operating, financial and evaluation information. Failure of Contractor
to fully, accurately and in a timely fashion comply with CAC’s reporting requirements
shall result in disallowance by CAC of any further payment hereunder.
If travel expenses are included in the approved budget, the State rules governing . . such expenses shall apply to the Contractor. -travelmust the State . o be rm Travel expenses must be documented by using a
CAC-308, Travel Expense Claim Form.
Most of the funds that are allocated in grants from CAC are State funds; however,
the Council receives funds from the Federal Government. Therefore, some of the
grants will consist in whole or in part of Federal funds. Contractor shall not use
Federal funds to match Federal funds.
The final invoice will be withheld until the CAC has received the National
Endowment for the Arts survey and the Self-Evaluation Form.
3. TFRIAI S f-IFVFl c)PFD UMFR CQNTRACT TFRMS
The CAC does not claim ownership, copyrights, royalties of other claims to artwork
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produced as a result of a CAC grant. However, the CAC reserves the right to
reproduce and use such materials for offkial, noncommercial purposes. In addition,
the CAC requires documentation of grant activity and appropriate credit for CAC
partial support.
a. In order to further the CAC’s effort to brand the arts, the use of the CAC logos
are required on all printed matter (programs, catalogs, postcards, posters,
newsletters, leaflets, publications, etc). The contractor shall display the logos at a
size and dimension that assures their visibility and the viewers’ comprehension of
them.
b. The CAC requires that the Contractor use the CAC’s “Year of the Arts” logo
on printed materials. The purpose of this language is to assist the CAC with
increasing public awareness of the CAC’s “Year of the Arts 2001” activities.
ve&g&@4* i
. . .._ s. k... . . . . . . .
California . . . . . . . . . . . . . . . . . . . .
Arts Council
After December 31,2001, the Contractor must use the CAC regular logo.
C a I i f n r n i 3
Arts Council
To download both logos on the web, go to: \MMN.
Click “About US”
Click “Downloadable logo”
Use: “Year of the Arts” logo for materials developed during the 2001 Calendar Year.
For assistance to download call Justin Lewis (916) 324-0075.
C. The CAC also requires that the Contractor use the California Arts License
Plate graphics on all relevant printed materials. The purpose of this language is to
assist the CAC with increasing public awareness of the California Arts License Plate
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Program and its support for arts education in the schools.
To download the California Arts License Plate graphics off the web, go to:
Click “About Us”
Click “Downloadable logo”
Use: “California Arts License Plate” logo
For assistance to download call Justin Lewis (916) 324-0075.
b. If published, recorded or visual material [such as in a magazine, film, video,
book or brochure] espouses an editorial viewpoint, Contractor must specify in
the material that “ANY FINDINGS, OPINIONS, OR CONCLUSIONS
CONTAINED HEREIN ARE NOT NECESSARILY THOSE OF THE CALIFORNIA
ARTS COUNCIL.”
5. ATInN Cl Al JsE
During the performance of this Contract, Contractor and its subcontractors shall not
unlawfully discriminate, harass or allow harassment, against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (i.e. cancer), age (i.e. over 40), marital status, and denial of family
care leave. Contractors and subcontractors shall insure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination and harassment. Contractor and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code, 129900 at
set) and the applicable regulations promulgated thereunder (California Code of
Regulations, Title 2, 7285.0 -sea.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code, 12990 (a-
f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations
are incorporated into this Contract by reference and made a part hereof as if set
forth in full. Contractor and its subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement.
Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this Contract.
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6.
7.
8.
9.
IO.
PI IAN=
Contractor’s signature affixed hereon and dated shall constitute a certification under
the penalty of perjury under the laws of the State of California that the bidder has,
unless exempted, complied with the nondiscrimination program requirements of
Government Code 12990 (a-f); and Title 2, CCR 8103.
FXAMlNATtQN AND At JDlI
Contractor shall be subject to the examination and audit of the State Auditor for a
period of three years after the termination or completion date stated in the wntract.
NT TIF TRANSFFR
No part of the project relating to this grant shall be assigned, sub-let, or transferred,
in whole or in part, without the prior written concurrence of the California Arts
Council.
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a. It is mutually agreed that either party may cancel this Contract by giving 30-
calendar days advance written notice.
b. The CAC has the right to require Contractor to stop or suspend work by
giving 30-calendar days prior written notice. Within 30 days of such termination,
Contractor agrees to furnish the CAC with an itemized accounting of funds
expended, obligated and remaining under this contract.
C. Failure to comply with the terms of this contract may lead to the cancellation
of this contract.
CT RFCQRDS
Contractor shall maintain complete, accurate and current records of all income,
including obligations incurred with respect thereto. Such records, or xeroxes of such
records, shall be kept separate from other cost records. During the duration of the
project and for not less than three years after completion or termination of the
project, contractor shall make available for examination or audit any books,
documents, papers or records pertaining to the project, to the CAC. Upon request
by the CAC, the contractor shall furnish at its own expense, legible copies of
materials deem pertinent within 10 working days from receipt of the request.
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11. R~GREMENTS
In order to promote the arts and conduct an effective visibility campaign, the CAC is
in need of information on the contractor’s activities, programs and events. This
information will be placed on the CAC website. During the contract period, and not
less than quarterly, the contractor shall furnish the CAC with a calendar of upcoming
programs and events. This information can be sent in as a brochure, newsletter
published calendar or printed program. Contractors that have their entire seasonal
programs and activities promoted in one publication may submit the season’s
brochure meets the requirements of this section.
Additionally, the contractor will provide the CAC with quarterly attendance figures.
Send this information to the CAC’s Communications Officer. An electronic file is
most desirable. Send to c. If not .available in electronic
form, please mail the materials to the CAC.
Contractor will furnish evaluation and expenditure reports relating to the project at
such time during or upon the completion of the project, as may be determined by the
State, and where requested by the State, on forms furnished by the State.
12. l@JnFPFWEcT~R
Contractor shall not represent to any person, foundation, group, organization or
government entity, whether employed by it or not, that it is acting as an agent for the
State or that is entitled in any way to act or incur obligations on behalf of the State.
i3. FlNAL
If required, this Contract is of no force or effect until approved by the State
Department of General Services.
14. NATIONAJ 1 AROR RR A-I-IONS RmRn ~FRTIFICAUQN
By signing this Contract, Contractor does swear under penalty of perjury that no
more than one final unappeasable finding of contempt of court by a federal court has
been issued against Contractor within the immediately preceding two-year period
because of Contractor’s failure to comply with an order of a federal court which
orders Contractor to comply with an order of the National Labor Relation Board.
15. G-FRFF WQFKPI ACF
By signing this contract, the contractor or grantee hereby certifies under penalty of
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perjury under the laws of the State of California that the contractor or grantee will
comply with the requirements of the Drug-Free Workplace Act of 1990 (Government
Code Section 8350 et seq.) and will provide a drug-free workplace by taking the
following actions:
1) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited
and specifying actions to be taken against employees for violations, as required by
Government Code Section 8355(a).
2) Establish a Drug-Free Awareness Program as required by Government Code
Section 8355(b) to inform employees about all of the following:
a)
b)
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The dangers of drug abuse in the workplace;
The person’s or organization’s policy of maintaining a drug-free workplace;
Any available wunseling, rehabilitation and employees assistance programs;
and
d) Penalties that may be imposed upon employees for drug abuse violations.
3) Provide, as required by Government Code Section 8355(c), that every employee
who works on the proposed contract:
a) Will receive a copy of the company’s drug-free policy statement; and,
W Will agree to abide by the terms of the company’s statement as a condition of
employment on the contract.
Failure to comply with these requirements may result in suspension of payments
under the contract or termination of the contract or both and the contractor or
grantee may be ineligible for award of any future state contracts if the department
determines that any of the following has occurred: (1) the contractor or grantee has
made false certification, or (2) violates the certification by failing to carry out the
requirements as noted above.”
16. RIPa WITH QWARII lTlF!%ACT CIF 199.Q
By signing this Contract, Contractor assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et)), which
prohibits discrimination on the basis of disability, as well as all applicable regulations
and guidelines issued pursuant to the ADA,
17. RESOLllTlON
If Contractor disputes any action by the CAC arising under or out of the performance
of this contract, Contractor shall notify the CAC of the dispute in writing and request
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a claims decision. The CAC shall issue a decision within 30 days of the Contractor’s
notice. If the Contractor disagrees with the CAC’s decision, the Contractor shall
submit a formal claim to the Executive Director of the CAC or to the Executive
Directors designee.
The decision of the Executive Director or the Executive Director’s designee shall be
final and conclusive. The decision may encompass facts, interpretations of the
agreement, and determinations or applications of law. The decision shall be in
writing following an opportunity for the Contractor to present oral or documentary
evidence and arguments in support of the claim.
This Contract is valid and enforceable only if sufficient funds are made available to
the CAC by the State for the fiscal year 2000-2001 for the purposes of this program.
19. M=CKLlN~ ~FRTIFICATI~hl
The contractor shall certify in writing under penalty of perjury, the minimum, if
not, exact, percentage of recycled content, both post consumer waste and
secondary waste as defined in the Public Contract Code, Sections 12161 and
12200, in materials, goods, or supplies offered or products used in the
performance of this Agreement, regardless of whether the product meets the
required recycled product percentage as defined in the Public Contract Code,
Sections 12161 and 12200. Contractor may certify that the product contains
zero recycled content.
20. FI ICT OF INTFRFST
Contractor needs to be aware of the following provisions regarding current or
former state employees. If Contractor has any questions on the status of any
person rendering services or involved with the Agreement, the awarding agency
must be contacted immediately for clarification.
Current State Employees:
1) No officer or employee will engage in any employment, activity or enterprise
from which the officer or employee receives compensation or has a financial
interest and which is sponsored or funded by any state agency, unless the
employment, activity or enterprise is required as a condition of regular state
employment.
2) No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or services.
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Former State Employees:
1) For the two-year period from the date he or she left state employment, no
former state officer or employee may enter into a contract in which he or she
engaged in any of the negotiations, transactions, planning, arrangements or
any part of the decision-making process relevant to the contract while
employed in any capacity by any state agency.
2) For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contract with any state
agency in a policy-making position in the same general subject area as the
proposed contract within 12-month period prior to his or her leaving state
service.
If Contractor violates any provision of above paragraphs, such action by
Contractor shall render this Agreement void.
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment for preparatory time and payment for per
diem.
21. SUBSCRIPTIC)NS
All Contractors will be required to subscribe to the Weekly CAC Update (including
all members of the staff and board of directors, where applicable). In addition, it will
be the contractors responsibility to advertise to its arts organization constituents
how to subscribe to the Weekly CAC Update.
Instructions: On the Web, go to: WWW.
Click “Arts Council Weekly Update Information”
Click “Subscribe”
22. UNlON
Contractor by signing this agreement hereby acknowledges the applicability of
Government Code Section 16645 through Section 16649 to this agreement.
(1) Contractor will not assist, promote or deter union organizing by employees
performing work on a state service contract, including a public works contract.
(2) No state funds received under this agreement will be used to assist, promote or
deter union organizing.
(3) Contractor will not, for any business conducted under this agreement, use any
state property to hold meetings with employees or supervisors, if the purpose of
such meetings is to assist, promote or deter union organizing, unless the state
property is equally available to the general public for holding meetings.
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(4) If Contractor incurs costs, or makes expenditures to assist, promote cr deter
union organizing, Contractor will maintain records sufficient to show that no
reimbursement from state funds has been sought for these costs, and that
Contractor shall provide those records to the Attorney General upon request.
(5) No state funds disbursed by this grant will be used to assist, promote cr deter
union organizing.
23. REC)IJIRED
The contractor, represented by the arts organization, may be required to attend a
designated conference as a condition of this award. Funds from this award up to
$400 may be used for registration, travel, per diem or lodging. Costs for these
expenses shall not exceed allowable cost limitations established by the state. lf you
plan to include this expenditure you must revise your budget with the enclosed blank
copy. Send three copies of the newly revised budget along with your signed
contracts. The CAC will provide notice to the contractor at least 60 days prior to the
scheduled dates of the conference.
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, - . *
Name TF-00-0023 City of Carkbad Arts Oflice
TRADI~ONALFOLKARTS-C;UIDELINESANDAPPLlCATION
FUNDINGTO~TART: Ju~~l,2001 I
Request Budget
EXHIBIT A
Proposal Summary: Must be completed by all applicants in 35 words or less:
Carlsbad ARts Office requests funding for production of full-color brochure
and poster (16" x 20") for an exhibit of African-American Improvisational Star
Quilts created by women in Oakland's pos-twar African-American community.
Porsmno ExFse I
chJo1y Line Items
1. Artistic - Salaries
2. Administrative - Salaries
3. Technical - Salaries
4. Total Personnel Expenses (Add 1,2 and 3 above)
NOW Job Titi.. Rate of Pay cxc Rsquest
SUBTOTAL: %
. Begi =+ra+l nn!TRavPl ---- 400
Ll
SUBTOTAL: s 400
Cl ’ Q cl
SUBTOTAL: %
5. Operating/Production
Expense Category Design/Printing of Poster and Brochure $4.600
TOTAL REQUEST BUDGET (add Lines 4 and 5) $ 5,000