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HomeMy WebLinkAbout1988-11-22; City Council; 9736; ACCEPTANCE OF CALIFORNIA ARTS COUNCIL GRANT.L RECOMMENDED ACTION: Adopt Resolution No.8B-YDbapproving a grant from the California Arts Council in the amount of $2,000. ITEM EXPLANATION The Arts Education program provides information and education services for all programs and events implemented by the Arts Office. It encourages individuals and organizations that provide educational experiences on the arts for citizens. It is staffed by the Arts Education Coordinator who works 40 hours a week. The Coordinator is responsible for planning a minimum of three artists-in-thc community (eg. for the Senior Center, Libraries, etc.), ti artists-in-the-schools, docent training for the temporary sculpture exhibition, grant writing for arts programs, an( staff development workshops for teachers. The Arts Education Coordinator also serves as program coordinator the Arts Office. FISCAL IMPACT Total cost for the Arts Education program is $58,000. The City's cost for the Arts Education program is $38,000 Three California Arts Council grants for the Arts Educati program (including this $2,000 grant) have been awarded f a total of $10,000. In addition, the Carlsbad Unified School District is contributing $5,000 for the workshops, and individual schools are paying $5,000 for the two artists. The schools are La Costa Heights, La Costa Mead and Buena Vista. The California Arts Council grant for $2,000 will be used pay a portion of the Arts Education coordinator's salary provide additional elements of the Arts Education progran EXHIBITS 1. Resolution No.%'YDbaccepting the California Art Council grant. .. 2. Contract with California Arts Council. z 0 E 6 a z 3 0 0 I -1 b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D Q RESOLUTION NO. 88-406 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A $2,000 GRANT FROM THE CALIFORNIA ARTS COUNCIL FOR ARTIS IN-RESIDENCE, IN-SERVICE TEACHER TRAINING AND AN ARTISTS' SHOWCASE. City Council of the City of Carlsbad, Californii hereby resolve as follows: WHEREAS, Ordinance No. 1279 and the Arts Element General Plan state the goal to "help promote school and c( cooperation in the programming of artistic and cultural e o ppo r t u n i t i e s , I' a n d WHEREAS, the City of Carlsbad applied for a gra the California Arts Council in support of the Arts Educat program, and WHEREAS, the California Arts Council has awarde grant to the City of Carlsbad, Arts Office. NOW, THEREFORE, BE IT RESOLVED by the City Cour the City of Carlsbad, California as follows: 1. That the California Arts Council grant of : hereby accepted. 2. That the grant amount is hereby appropriat Account No. 180-820-8121-2495 for the uses described her //'// //// //// //// //// //// //// 1 2 3 # 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I) e PASSED, APPROVED AND ADOPTED at a regular meetir Carlsbad City Council held on the 22nd day of November, l! the following votes, to wit: AYES: NOES: None ABSENT: None Council Members Lewis, Kulchin, Pettine, Mamaux AL~T~RA~EC~A*~ r k (SEAL) I -2- 77TT-E OF OFFICER ACTING FOR STATE Director AGENCY irereafter caNed he Stale. and CONTRACT NUN California Arts Council kc-206 1 hoeuffcrco!/rd the Cunfroclor. CARLSBAD ARTS OFFICE/CI'IY OF CARLSBAD COh7RACTOR.S . 1. e 0 -_ . 1. T!ic Contr::ctor 3grces to intlcmnify, defcnd aid S:.IW 1i:ini:les tfic! Stiitc, it3 officers, agmts 3 rnplo:;ccs from any arid ill! claims a:id IOSS~CS dccxirig (ir rc*riiItinc ti) Z!I:, nnd a11 contractom. suhc tractors ili~:!~~ri;iliil~.ri, I.ihor.frs aiid iiriy tstlirr prwn, firm or c:oip(lr:ltir>il f~iriiisliiiig or si1pp]? i \vorL, Eyr\.i(x*F: it:ictc-i.ials or vii)plitrs in c~i!r~~<ti~.iri \vith the prfnr:n:ir:r.r nf this contract, 3nd frc ail! ad 311 c1~i:ns arid losses accriiirig or rqdting to any person, firrn or ?CJ~~>lxtlOli \\ iio niay h jured or d;iniagcd I),: t tie Co!itrackir in the pdorrn:irir.r of this contract .' The Contr:ic.tiv. md! the agents and enip!o\:ws of C:or:trac!or. in :'nth pvrforrnaiwv of this agri merit, s6:iII act in 311 iiidrptdent capcity ard not a$ officers or emp!ciyees or agents of State (:a1 i fonr ia. 3. The State nia! ttmninate this agreement and he relievd of the payiwnt of a:iy coiidderatian Contr:ic:or ShJllld Contcrctor fail IrJ prrforrn !he covcnmts herein cor?tainecl at tire time 2nd in mariner licrcin pro\-ided. In ~hr cvent of siicii termirutim the Stc?te ma^- procwd with \he n\ori ail); martnc-r det.tnt.ul propw by the State. Tlic u?it t;> tfie Stat(* sh:lII kd dA11c.tcttl from ally slim I tile (:ontractor i~nclcr. this agrwiiient. aid ttic lmi.incc, if m~. s)1311 he p:iid the Contractor upon mind. \vliole or in part. 41. \vitttout t!ict it ritttvi cot?scnt of tlic Statr. t!:ic ;igrwnwnt is no: .c-c i.:ii.i~)!e I)? (:oiitractor i-itlie .5. Time is of the eszsc'iicc in this sgrc.t.nitw:. 6. Yo ;rItcmtioii or \yiriati*vi of :fir tcrrw ,if diis Cibtitf3ct sh\i ke \.!lid ilnlcs? msde in writing sign& t>y the liarties Iicrc!o. arid no oral irndlvrt! iric!iog or agrcenieit: cot incorporated herein, s IN biiidiiig ~i11 any of thc p;irtio hereto. 7. The coilsideration to he paid Contractor. as provided herein. shall }E in com!wiislltion for a] Contractor's e~prise5 incurd in the ~~:riorrriii~ici* liereof. ilc~.ldiI~~ !r~vcl ad per diem, UG otlicr\viw c;.prc.ssl~ so ;Jro\ itlcu 1 0 0 * 7- .1 SCHEDULE OF AGREEMENT (Touring Program Roster) Between the California Arts Council (hereinafter called CAC the aforenamed Contractor for participation in the CAC To Program (TP) for 1988-89. The Contractor does hereby agree to furnish to CAC the foll services (1-4): 1. Under the terms of the CAC-TP to enter into contract Eo engagernent(s) listed on Exhibit A - Engagements att hereto as a part of this contract. 2. To abide by the terms and conditions of the FY 88-89Tc Program Sponsor Guidelines. completion of the engagement of said contract description of the engagement, including numbe participants, admission charged for each activ$ty, an . and expense report and an evaluation of successe failures of the engagement on the Presenting Ogani: Report form. Programs, examples of publicity and promc and an invoice for the grant share of the performing g: fee must accompany each evaluation. 4. To include in all programs and other published mat related to the CAC-TP A SPECIAL NOTE THAT: "THIS ENGA IS S~PORT~, IN PART, WITH FUNDS PROVIDED BY THE CALI ARTS COUNCIL# A STATE AGENCY, AND THE NATIONAL ENDOWME THE ARTS, A FEDERAL AGENCY." 3. To submit to the Touring Program within 60 days 5. Upon submittal of the Evaluation, the Prese Organization Report, programs from the engagement and promotional materials, if available, and an invoice Touring Program, CAC shall pay Contractor the fee supg designated for the specified engagement. Total payment for any single engagement will be withh until submission of all required reports. 6. Notwithstanding any other provision of this agreement contrary, the discharge of any financial obligation CAC hereunder shall be deferred by the CAC until SU( as it has received during this agreement funds (Sf Federal) available for this purpose. CAC execution t agreement shall in any case be dependent upon the rec properly executed copies hereof by Contractor. -1- 0 a x. . 7. The Contractor must notify Touring Program of any chang the contract with the performing group or of any scb changes. All such changes shall be subject to the wr approval of the CAC. 8. The Nondiscrimination Clause (OCP-1) , General Calif Arts Council Requirements, and the NEA Provision: attached hereto and are hereby made a part of agreement. It is the Contractor's responsibility to and adhere to the requirements of these attachments an Program Access regulations, (Section 504 of Rehabilitation Act of 1973 and the State of Calif Government Code 11135-11139.5). This grant shall not be deemed accepted, valid or bind: the part of the State unless approved by the Departme1 Flnance and/or General Services of the State of Califc where their approval is required. 9. Attachments -2- e e 0. NOND ISCR IMINATION CUUSE (OC'P - 1) I, During the performance of thls contract, contractor and it subcontractors shall not unlawfully discriminate agalnst a employee or applicant for employment because of race, reli glon, color, national or1 7 inJ ancestry, physical handicapJ medica! condition, marita status, age (over 40) or sex, Contrcctors and subcontractors shall insure that the evalu tion and treatment of their employees and applicants for em loment are free of such d1scrimlnatfonl Contractors c su 1 contractors shall comply with the provisions of the Fai Employment and Housing Act (Government Code, Sectlon 1290C a ? and the awl icable regulations promul B ated them seq,), The applicable regulations of the Fait Employment Housing Comission im lemnting Government Code, Section set forth in Cbaoter 9 of Diviston 4 of Title 2 of the Ca fornta Administrative Code are incorporated into this con by reference and made a part hereof as if set forth tn fu Contractor and Its subcontractors shall give written noti( their obligatlons under this clause to labor organization which they have a collectfve bargaining or other agreemen 2, This contractor shall include the nondiscrimination and c pllance prov:sfons of this clause in all subcontracts to Nork under the contract, et (Cali se$ ornia Administrative Code, Title 2, Sect on 7285aO e - - -. SfD. 17A (HEY 5-03) I I) 0 SzHZRAL CALIFOXNIA ARTS COUNCIL XZQUIRHKZXTS CALIFOiiNIA ADMINISTXATIVE CODE 3640. Generai State 2equirements. (a) The following requirements, in addition to any spec cor,aitions incorporated in the California Arts Councii Fun Criteria, are applicable to and binding ugon recipients of gr from the Caiifoznia Arts Council. (b) Note: Most of tire funds that are allocated in gr from the CAC are State funds; nowever, the Council receives f from the Federal Government. Therefore, same of tne grants consist in wnole or in part of Federal funds. These 12 grants will be made only to organizations which do not r'ederal funes as part of their match. Since Federal funds CB be used to match Federal funds, if your grant includes Fec funds, you will not be able to accept Federal funds for specific project. NOTE: Authority cited Section 8750, Government Code Refere Sections 8750-8756, Government Code. 3644. Project Defined. (a) As used in these provisions, the term "projecttt shz be deemed to include a specific project or program administrative or on-going support for the organization affec for which the grants funds are awarded. (1) Excess Costs: In the event that thi project ( exceed the amount specified in the approved budget, gri agrees to comgiete the project and fund the cost above buaget from sources otner tnan State funds. (2) Cost Disallowance: Grantee agrees to use the ! funds solely for the purposes of the approved project. item for tke purpose of determining the "cost" of the aBp: project, as that term is used in these requirements, c inciude casn expended (or in lieu tnereof, contrac obiigations incurreg for the project) and the fair vaii determined by the Council, of services or products act1 incorporated therein. The burden of proof shall be up01 grantee to establish such cost items, and such cost items mi disallowed if not adequately supported by the records. S grantee misapply any grant monies, and fail to make restit to the State of any amounts due under the terms of ! agreement, in addition to any other remedy provided by law State snall nave to the extent of its appropriate claii ownershi9 in any funds or property acquired with the use of misapplied funds. (3) Assignment or Transfer: This grant, or the pr relating ta this grant shall not be assigned, sub-le1 transferred, in whole or in part, without the prior concur of the CaliZcrnia Arts Council. (4) Fieturn of Grant Funds Earmarked but No Longer Req for Specific Stems: Where the budget specifies that grant are to be used for specific items, and subsequent to the re of the gract, the grantee obtains the same without cust, or 0 0 encity, whether employed by it or not, that it is acting as a for the State or that it is entitled in any way to act or i obligations on behalf of the State. (12) Nondiscrimination Clause: The attac Nondiscrimination Clause, Standard Form 17A, (5-83) is here made a part of these General State Requirements. (13) Third Parties: Nothing contained in the terms of grant shall create or give to third parties, any claim or r of action against the State. ( 14) Apgrovals b.y Departments of Finance and Gen Services: This grant shall not be deemed accegted, valid binding, on the ?art of the State unless approved by Departments of Finance or General Services of the Stat California where their approval is required. ( 15) Entire Agreement: The terms of the grant, wnen grant has been sade, constitute the entire understanding bet tire parties nereto and no statement, promise, condit understanding, inaucement, or representation, oral or wrj expressed or imolied, which is not contained herein shal binciing or valfci. After the grant has been accepted by grantee, the terms of the grant shall not be changed, moaif or altered in any manner, except by an instrument in wri executed by the parties hereto, subject, where required, tc approvais of the Departments of Finance or General Services. (16) Federal Minimum Wage Requirements: Grantee a< that where the grant consists in whole or in part of Fec funds, and/or State that all professional performers and re: or supporting personnel employed on the project will be 1 without subsequent deduction or rebate on acy account, not than the minimum compensation as determined by the Secreta1 Labor to be the prevailing minimum wage of the Stat California for persons employed in similar activities. For proper construction of this section, grantee is referred to 505 of Title 29 of this Code of Federal Regulations, as amended June 19, 1972, and as it may be further amended from to time. (17) Mention of the "California Arts Council" and "Nat: Endowment for the Arts" or any Federal Agency SupFort: Ir printed, visual or recorded matter, or in any exhibition, di5 or performance, which describes or is prepared in connec with, or results in whole or part from the grant, mention : be made of the California Arts Council's support, and where grant is derived, in whole or in part from Federal funds, of support of the Federal Agency. Copies of printed ma containing such mention snouid be sent to the CAC with evaluation report required by .the terms of the grant. docuaents containiRg such mention shall specify that findings, opinion, or conciusions contained therein 8re necessarily those of the California Arts Council ana, v applicable, not necessarily those of the Federal Governmer the h'ational Endowment for the Arts. 0 0 r=c.ccea cost, the saving, except for good cause in the judgr of the California Arts Council, shall be promptly retarned to State. (5) Icdemnity Clause: Grantee agrees to defend the S' of California, its officers, agents and emgioyees, against claims ana to gay any judgments obtained against the State California, its officers, agents ana employees, arising from servfccs or naterials furnished, or any injuries or other ciam suffered by any party in connection with the conduct of aroject, and agrees to noia the State harmless. subsequent to the approvai of the project: (1) grantee failed to perform any of its obligations under the grant. grantee nas assignea, subject, or transferred any part of I project in violation of Section 3 above, or (3) violated ant, the other conditions of the signed contract. Council may in aescretion terminate in whole or in part, the grant upon wri notice to the grantee specifying the services terminated and effective date of termination. Within 60 days of s termination, grantee agrees to furnish the State an item. accounting of funds expended, obligated and remaining under grant. Grantee right of appeal is de.termined by the regulat. of the State Control BoarB. (7) iieduction of State's Grant: Not withstanding any 0' provision of these requirements, should the project, to timc completion, or termination in wnole or in part, cost less tire approved budget amount on which the grant was bag grantee's matching amounts (including funds, or services - groducts incorporated into the project in lieu thereof) snal conciusively deemed to have been expended first, and the g shall be reduced by any amounts remaining after completioi tersination of the project. Such remaining amounts shal: promptly forwarded to the Arts Council. (8 ) Travel Expenses Limitation on allowable Costs- California Arts Council will not recognize as a matching c travei expenses, though included in the project budget. (9 ) Costs Records: Grantee shall maintain cornplt accurate and current records of all income, including obligat incurred with respect thereto. Such records, or xeroxes of records, shall be kept separate from other cost records. Du the duration of the project and for not less than four y after completion or termination of the project, grantee s make available for examination or audit any books, docume papers or records pertaining to the project, to the Califo Arts Council, State Controller or where pertinent, the Fed Government. Upon request of such parties, grantee shall fur at its own expense legible copies of material the deem pertin (10) Evaluatfon and Expenditure Reports: Grantee agree furnisn ax such times during or upon the completion of aroject, as may be determined by the State, and where reque by the State, on forns furnished by the State, evaluation exgenaiture reports relating to the project. (11) Independent Contractor: Grantee shali not repre to any person, foundation, group, organization or govern (6) Termination: If the California Arts Council determ. .. q 0 (18) Evaluation: he final ten percent (10%) of the grant ao . will be withheld until grantee nas submitted the final evalual report. -. NOTE: Authority cited: Section 8750, Government Cc Reference: Sections 8750-8756, Government Code. -. I -- _- 4 .1 0 NEA PROVISIONS e 1. L The California Arts Council is required to comply with standard regulations of government for all grants made under tile aus?ices of the NEA. Sone of these regulations require compliance on the part of the subgrantee (you We are providing you with a summary of selected regulations for your informatic however, be aware of the complete regulations. The following is a list of circulars that apply to CAC subgrantees, the address you should write to request copies of the circulars and the office where your c should be directed. OMB (Office of Management and Budget) Circular A-102, Administrative Requirerner Grants-in Aid to State and Local Governments, plus attachment P, for Audit reqi Inquiries: Financial Xanagement Branch Budget Review Division Office of r4anagement and Budget Washington D a C. 20503 (202) 395-4773 OMB Circular A-87, Cost Principles for State or Local Governments: Inquiries: Deputy Chief Financial Elanagement Branch Budget Review Division 6002 New Executive Office Building Washington D.C. 20503 (202) 395-4773 OMB Circular A-122, Cost Principles for Non-Profit Organizations Inquiries: Office of Management & Budget General Info Publications Office and Single c (202) 39s New Executive Office Building Room G236 Washington D.C. 20503 OMB Circular A-21, Cost Principles for Colleges and Universities Inquiries: Chief Financial Xanagenent Branch Office of I4anagement & Budget: New Executive Office Building 726 Jackson Place, N.D. Washington D.C. 20503 (202) 395-6323 Single : Document Distribution Center Copies off ice of Adninistration G-236 New Executive Office Bldg. Washington D.C. 20503 a TIONAL ENDOWMENT FOR THC ARTS WlARY OF SELECTED REGULATIONS FOR SUBGRANTEES ,d 63 A. L 1. Fair Labor Standards 411 professional performers and related or supporting professional personnel emp projects or productions which are financed in whole or in part under the grant w paid, without subsequent deduction or rebate on any account, not less than the rn . compensation as determined by the Secretary of Labor to be the prevailing minimu compensation for persons employed in similar activities. Labor standards are se in "Part 505 (29 CFR) Labor Standards on Projects or Productions Assisted by Grai from the National Endowment for the Arts." No part of any project or production which is financed in whole or in part under grant will be performed or engaged in under working conditions which are unsanit, or hazardous or dangerous to the health and safety of the employee in such proje or production. Compliance witli the safety and sanitary laws of the State in whi performance or part thereof is to take place shall be prima facie evidence of co 2. Lobbying In accordance with a Congressional directive, grantees are requested to note the provisions of Federal law regarding the use of Endowment funds for lobbying actil 18 U.S.C. Sec. 1913 Lobbying with appropriated monies No part of the money appropriated by any enactment of Congress shall, in the absc of express authorization by Congress, be used directly or indirectly to pay for < personal service, advertisement, telegram, telephone, letter, printed or written or other device, intended or designed to influence in any manner a Member of Con( to favor or oppose, by vote or otherwise, any legislation or appropriation by Coi whether before or after the introduction of any bill or resolution proposing sucl legislation or appropriation; but this shall not prevent officers or employees 0' United States or of its departments or agencies from communicating to Members of on the request of any Member or to Congress, through the proper official channel: requests for legislation or appropriations which they deem necessary for the effi conduct of the public business. Whoever, being an officer or employee of the United States of any department of t thereof, violates or attempts to violate this section, shall be fined not more tk $500 or imprisoned not more than one year, or both: and after notice and hearing the superior officer vested with the power of removing him, shall be removed fror or employment. 3. Civil Rights Title VI of the Civil Rights Act of 1964 provides that: No person in the United States shall, on the grounds of race, color or national c be excluded from participation in, be denied the benefits of, or be subject to dj under any program or activity receiving Federal financial assistance (Section 601 >f e e '. ~ 4. Handicapped Section 504 of the Rehabilitation Act of 1973 provides that: No otherwise qualified handicapped individual in the United States, as defined ir Section 7(6)*, shall, solely be reason of his handicap, be excluded from the part in, be denied the benefits of, or be subjected to discrimination under any progrz activity receiving Federal assistance. *For the purposes of Section 504, the term "handicapped individual" means any pel who (a) has a physical or nental itcpairment which substantially limits one or mol such person's major life activities, (b) has a record of such an impairment, or regarded as having such an impairment. Title IX of the Education Amendments of 1972 provides that: No person in the United States shall, on the basis of sex, be excluded from parti in, be denied the benefits of, or be subjected to discrimination under any educat program or activity receiving Federal financial assistance. 5. Audit of Records The State Arts Agency, the National Endowment €or the Arts and the Comptroller GE of the United States, or any duly authorized representatives, shall have access t books, documents, papers, and records maintained to account for funds expended ur the terms and conditions of this grant for the purpose of making audit, examinatj excertps and transcripts. Records should be retained for three years from the dz the submission of the final expenditure report or until any audit findings involl the records have been resolved, whichever is the lonqer period. 6. Standards for subgrantee Financial Management Systems Subgrantee financial management systems shall provide for: a. Accurate, current and complete disclosure of the financial results of each gr program in accordance with the State Arts Agency's reporting requirements. b. Records which identify adequately the source and application of funds for gra supported activities. These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, . liabilities, outlays and income. c. Effective control over the accountability for all funds, property and other E Grantees shall adequately safeguard all such assets and shall assure that the used solely for authorized purposes. d. Comparison of actual with budgeted amounts for each grant. Also, relation of financial information with performance or productivity date, including the pr of unit cost information whenever appropriate and required. e. Procedures to minimize the time elapsing between the transfer of funds from t state disbursing office and the disbursement by the grantee when invoicing un obligations incurred. SL e e 5. f. Procedures for determining the allowability and allocability of costs in accoy with the provisions of OPIB Circular A-C7 if the sukgrantee is a state or local government, A-122 if a nonprofit organization, or A-21 if an educational insti g. Accounting records which are supported by source documentation. h, Independent audits of financial operations, including compliance with certain provisions of Federal law and regulation. Audits usually will be made annuall but not less frequently than every two years. Audits shall meet the requireme set forth in Attachment P to OMB Circular A-102. i. A systematic method to assure timely and appropriate resolution of audit findi and recommendations. 7. Acknowledgment In all published material and announcements regarding this project it is suggc that a special notice be made that: "This project is supported jointly by a 5 from the California Arts Council and the National Endowment for the Arts." 8. Regulations Subcrantees must adhere to the administrative requirements for grants-in-aid 1 State and Local Government as promulgated in Office of Management and Budget Circular A-102. __I - -_ ,L *~@~&L!It~Oril* Ir Public Meeting Sacramento, CA August 27,28, 1987 FY 1988-89 Performing Arts Touring WHEREAS, The California Arts Council bhdget for 1988-89 calls for the continuation of the Performing Arts Touring Program, WHEREAS, The awarding of contracts to presenting organizations under th: program is established by regulation, and WHEREAS, the regulations specify that award recommendations will be pre: to the Council, which will make the final decision and awards at a publ. meeting, NOW THEREFORE BE IT RESOLVED THAT: The California Arts Council accepts the recommendations of the Performid Touring Roster Selection Panels, and gives final approval to fund grant, 1988-89 Performing Arts Touring Program. . Resolution passed. . I hereby certify that the foregoing is a'true summary of Council minute CAL[FORN(A ARTS COUNCIL 0