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HomeMy WebLinkAboutCalifornia, State Of; 2001-06-11; Arts CouncilSTATE CSF CAL.IFORINIA STANDARD AGREEMENT _ FTE&yy”c’E;& STD. 2 (REV.5-91) TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT, made and entered into thi June 11,200l L---- 95-6004793 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE Chief of Administrative Services CONTRACTOR’S NAME City of Carlsbad Arts Office ; AGENCY 1 California Arts Council , 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 expressed, does hereby agree to furnish to the State services and materials as follows: (Setforth service to be rendered by Contractor, amount to be paid Contractor, time fwperformance or completion, and attach plans and spectjkations, ifany.) Contractor, as a participant in the California Arts Council’s Local Arts Education Partnership Program for 200 l-2002 shall adhere to the attached Schedule of Agreement with Exhibit A attached and made a part of this agreement. Duration: August 1,200l through July 31,2002 Total amount not to exceed: $34,375.00 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 AGENCY CONTRACTOR (ifother than an individual, state whether a corporation partnership, etc.) California Arts Council Citv of Carlsbad Arts Office Chief of Administrative Services AMOUNT ENCUMBERED BY THIS PRo‘3iAbVCATEGORY (CODE ANDTITtE) DOCUMEN? LAEP $34~75.00 (OPTIONAL USE) Carlsbad FUNDmE License Plate .-_.-.-.--.__ ._......___ -_ CA 920081989 Department of General Services Use Only PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT so-oo - ~0-101-0078 CHAFIl?R STATWIZ FISCAL YEAR 106 01 01-02 TOTAL AhfouNT ENCUMBERED To DA?E -___ -~-.-.--- - . . . . . . .._ &-..-..--.-. OBJECT OF EXPENDIlWRE (CODE AND TTI’LE) it hereby Cettify upon my own personal knowledge that budgeted funds are T.B.A. NO. B.R. NO. available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCO I-.-.. ING OFFICER q CONTRACTOR STATE AGENCY q DEPT. OF GEN. SER. 0 CONTROLLER cl 3 ;‘*-k ,,P 1.AL I ““l.... ?TANDARD AGREEMENT ,I !I;;‘, 3 9’) (R;:‘rRSi) 1. The Con~ructorugrees toindemnify,dcfend undsuvc h;lm~lcsstheState.iuarriccrs,a~enf~rndcmploycc~ from any and ull claims and losses accruing or resulting to any und all contructors, subcontractors, muteri;llmen, Inborers and any other person, lirm or corporation furnishing or supplying work services, materials or supplies in connection with the performance oTthiscontrwt, and rrom dny and all claims and ’ losses accruing or resulting to any person, firm or corporation who may be injured or dnmaged by the Contractor in the performance of this contract. 3. The Con tractor, and the aget& and employees of Contractor, in the performuncc of lhe agreement, shall act in un independent capacity and not as oflicers or employees or agents of State or California. 5. TheState may terminate thisagreementaad be relieved ofthe payment ofanyconsideration toContractor should Contractor fail to perform the covenants 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 theState shall be deducted from any sum due the Contractor under this agreement, and the balonce, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State. this agreement is not assignuble by Conttoctor either in whole or in purt. 5. Time is of lhe e.ssencc in this agreement. 6. No alteration or wriation of the terms oCthis contruct shall be valid unless made in writing und signed h;v the parties hereto, and no owl undcrstirndin : w agreement not incorporated herein. shull be binding on any or the partics hereto. 7. The consideration to he paid Conlroctor, us prnvided Irercin, shall be in compensation for all of Contrxtor’s cxprnscs incurred in the performance hereof, including trwcl and per diem, unless otherwise cvpressly so provided. SCHEDULE OF AGREEMENT Local Arts Education Partnership Program for 2001-2002 THIS CONTRACT IS NOT VALID UNTIL SIGNED BY THE STATE OF CALIFORNIA. Between California Arts Council (hereinafter-called CAC) and the forenamed Contractor for participation in CAC’s Local Arts Education Partnership Program for Fiscal Year 2001- 2002. 1. STATEMENT *. 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 Local Arts Education Partnership 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. - 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. Contractor must document the matching expenses as indicated in Exhibit A, Budget. Contractor must document the matching expenses in the same manner as documentation is made for grant contract expenditures. Contractor will not be reimbursed for matching expenditures. A one-time advance payment totaling 25 percent of the contract amount may be made upon approval of the contract and. submission of invoice number CAC-308, “Invoice for Advance and Progress Payments.” The balance of the contract will be paid in arrears. The final 10 percent of-the contract amount will be withheld until the submission of the NEA Survey and the Final Evaluation Report. Invoices will be submitted to the CAC not more than once a month. 1 All supporting documentation will be retained by the contractor and IICU 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 to 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. b. Budget changes shall be allowed within Personnel Expense category, but may not increase PC 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 Standard Agreement Form to request a budget revision 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/Production Expenses categories. Invoicing for an advance and/or progress payments are to be completed by the Contractor in accordance with the invoicing instructions. C. 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 and requisitioning requirements shall result in disallowance by CAC’ of any further payment hereunder. d. If travel expenses are included in the approved budget, the State rules governing . . such expenses shall apply to the Contractor. All the St&-of nra to be -Travel expenses must be documented by using a CAC-306, Travel Expense Claim Form. 2 FRIAI S l’7FVFl OPFD I l.hDFR CONTRACT TFW The CAC does not claim ownership, copyrights, royalties or other claims to artwork produced as a result of a CAC grant. However, the CAC reserves the right to reproduce and use such materials for official, noncommercial purposes. In addition, the CAC requires documentation of grant activity and appropriate credit for CAC partial support. C aOWl FLINT 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. California . . . . . . ., . . . . . . . . . . . . . . Arts Council After December 31,2001, the Contractor must use the CAC regular logo. C a I t i ornia Arts Council To download both logos on the web, go to: WWW. 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. 3 7 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 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. d. 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.” ATlQbl Cl At 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 seq-) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, 7285.0 at-saqsea.). 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. 4 6. 7. 8. 9. 10. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Contract. FNT OF CQMF’I IANE 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. FXAMUVATlaNn NlRlI 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 contract. FNT OF TRAMFFR 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. 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. T RFCIC)RtX 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 5 materials deem pertinent within 10 working days from receipt of the request. 11. PFPoRTlNGREQUlRFbdFNTS In order to promote the arts and conduct an effective visibility cambaign, 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 to meet the requirements of this section. ’ Additionally, the contractor will provide the CAC with quarterly attendance figures. Send this information to theGAC’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. FPFNI-IFNT CONTRACTOR 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. 13. FlNAL If required, this Contract is of no force or effect until approved by the State Department of General Services. 14. J’JATIONAI I AROe RF1 AIlQbJ.c R~ARIJ ~W3I.U=~~~ 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. 6 15. PRI JGFRFF WORKPI NE By signing this contract,. the contractor or grantee hereby certifies under penalty of 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) 4 The dangers of drug abuse in the workplace; The person’s or organization’s policy of maintaining a drug-free workplace; Any available counseling, rehabilitation and employees assistance programs; and d) Penalties that may be imposed upon employees for drug abuse violations. 3) a) b) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: Will receive a copy of the company’s drug-free policy statement; and, 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. NS WITH l-I&&/JJlYIFS ACT OF 199Q 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 -sea.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 7 17. L 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 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 Director’s 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 2001-2002 for the purposes of this program. 19. PFCYcI l.lhlG ~J=RTIFI(=TION 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. CONFI_ICT 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 8 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. 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. SUBSCRlPTlONS 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 contractor’s 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. lJNlON 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. 9 (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. (4) lf Contractor incurs costs, or makes expenditures to assist, promote or 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 or deter union organizing. 23. REQL,l,lX a. The contractor, represented by the Executive Director or Arts in Education staff person and representation of the schools district or County Office of Education LAEP partnership, is required to attend the annual two day LAEP Conference in ‘Sacramento. Funds should be allocated for this event. b. The contractor, represented by the Executive Director of the 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. Please include these expenditures on the budget and return with your contracts. 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 conferences. 10 I EXHIBIT A REVISED PROJECT DESCRIPTION AND BUDGET Local Arts Education PartnersbiD Contract Number:& 0 I- 0977 Name of Contractor: PROJECT DESCRIPTION: 1 Project SHAPES &I&e&es the approved vision of the tiocal Arts Education Steering Committee: To create a collaboration betweeri educators and local artists that develops an appreciation, understanding and expression of the arts for all student&. Project SHAPES aligns Service Learning with Arts Education. Through the $plementation of a sequential arts program in music, dance, theatre and visual arts, students will have the skills and knowledge to perform meaningful service with positive impact on their community. BUDGET: (Line Items*) 1. Artistic - Salaries i. Subtotal 2. Administrative - Salaries ii. Subtotal 3. Educational - Salaries Job Title Admin. Svcs. - r-TX4 CAC Award Applicant LAA Applicant LEA Match Match (do~~=~) @c,,,otovcrrnatch) Rate of Pay $ 25. $ 21,475 $ $ 6,000 4,000 $ s $ $ s 3,000 $ $ 6,000 1.500 6,000 11,100 $ $ s $ 4,000 $ s outside professionalsvc. 2,500 2LQQQ-- iii. Subtotal k32+mi$-$- . . . . . . . 4.-l+ll+lu) $ $ $ % 1.900 .% % 1,400 TOTAL BUDGET (add Lines 4 and 5) *See Reverse for Line Item Descriptions IRevicerl flR/fl~l~l\ *Line Item 1. Artistic - Salaries Description: These line items include artistic directors, conductors, curators, composers, choreographers, designers, video artists, filmmakers, painters, poets, authors, sculptors, actors, dancers, musicians, teachers, traditional folk artists, guest artists, puppeteers, artistic consultants. 2. Administrative - Salaries Description: These line items include program and managing director, executive director, general manager, business manager, public relations officer, marketing/development staff, clerical, maintenance and security staff, ushers, box office personnel, administrative consultants. 3. Educational - Salaries Description: These line items include classroom teachers and assistants, art education specialists, school administrators, educational consultants. 5. Operating/Production Expenses Description: This line item includes space rental, equipment rental, regranting, travel (in-state), supplies, postage, printing, phones. I 5 - EXHIBIT A REVISED PROJECT DESCRIPTION AND BUDGET Local Arts Education Partnership 20013002 Contract Number:& 0 I- 09.73 . Name of Contractor: I 6S PROJECT DESCRIPTION: 1 Project SHAPES Addresses the approved vision of the Local Arts Education Steering Committee: To create a collaboration between educators and local artists that develops an appreciation , understanding and expression of the arts for all students. Project SHAPES aligns Service Learning with Arts Education. Through the implementation of a sequential arts program in music, dance, theatre and visual arts, students will have the skills and knowledge to perform meaningful service with positive impact on their community. BUDGET: (Line Items*) 1. Artistic - Salaries i. Subtotal 2. Administrative - Salaries ii. Subtotal 3. Educational - Salaries iii. Subtotal CAC Award Applicant LAA Applicant LEA Match Match (do not over match) (da not overmatch) Job Title Rate of Pay . . v $ 25. $ 21,475 $ $ 6,000 4,000 Admin. Svcs. $ s $ $ $ 3,000 s $ 6,000 1,500 6,000 11.100 $ 4,000 $ $ outside professionalsvc. 2,500 _3.ooo kA2-&zL$10.000$28.600 TOTAL BUDGET (add Lines 4 and 5) *SeeReverseforLineItemDescriptions IRavicd 09111~1tli \ *Line Item 1. Artistic - Salaries Description: These line items include artistic directors, conductors, curators, composers, choreographers, designers, video artists, filmmakers, painters, poets, authors, sculptors, actors, dancers, musicians, teachers, traditional folk artists, guest artists, puppeteers, artistic consultants. 2. Administrative - Salaries Description: These line items include program and managing director, executive director, general manager, business manager, public relations officer, marketing/development staff, clerical, maintenance and security staff, ushers, box office personnel, administrative consultants. 3. Educational - Salaries Description: These line items in&de classroom teachers and assistants, art education specialists, school administrators, educational consultants. 5. Operating/Production Expenses Description: This line item includes space rental, equipment rental, regranting, travel (in-state), supplies, postage, printing, phones.