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HomeMy WebLinkAbout1994-09-27; City Council; 12881; ACCEPTANCE OF CALIFORNIA ARTS COUNCIL GRANTS AND APPROPRIATION OF FUNDS. AB# "j sa ' TITLE: ACCEPTANCE OF CALIFORNIA ARTS DEP MTG. 9 -a? - 9 LI CIT' CIT' DEPT. ARTS COUNCIL GRANTS AND APPROPRIATION OF FUNDS RECOMMENDED ACTION: Adopt Resolution No. 9 q -234 accepting grants from the California Arts Council in the a < .. z 0 a < 2 3 0 0 6 $6,700, ITEM EXPLANATION: One of City Council's 1994 goals for the Arts Office is to "provide a variety of qualio programs, including all forms of visual and performing arts, to all Carlsbad residents". Commission recommends that the City continue the visiting artist program with support California Arts Council by holding a minimum of two programs during FY 1994/95. The California Arts Council provides partial funding for visiting artists and has awarded tk Carlsbad grants for the following artist groups: Theatre of Yugen and San Jose Taiko. Theatre of Yugen is the only company in the United States working with the 600 year-old d forms of Noh (tragedy) and Kyogen (comedy), Performing in English and in Japanese bj racial cast, Theatre of Yugen explores the human condition through one culture's ancient tr San Jose Taiko creates new works in Asian American music and dance, inspired by tr Japanese drumming. San Jose Taiko collaborates with music, dance and theatre artists ensembles to create a contemporary repertoire fusing Japanese, Latin and African rhythi Theatre of Yugen will be resident Artists-in-the-Community on January 18,lQ and 20,1995, Jose Taiko will be resident Artists-in-the-Community on May 2, 3 and 4, 1995. Both artis will conduct workshops, lecture-demonstrations, school assemblies and full public cona This year, because the visiting artist groups represent Japanese culture, the Sister City will assist with one-half of the City's portion of the artists' costs. The California Arts Council has provided support for a number of visiting artist programs in ' including the African-American Drama Company, Magical Moonshine Puppet Theatre A*Circus and guitarist Chris Proctor. FISCAL IMPACT: The total for the artist residency programs is $1 3,400. (Theatre of Yugen, $5,900 - San Jos $7,500). The California Arts Council has awarded the City of Carlsbad grants in the ar $6,700. The remainder is budgeted in the Sister City Program and Arts Office 1994/95 b EXHIBITS: 1. 2. Resolution No. 9 y-2 37 Contracts with California Arts Council 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 e 0 RESOLUTION NO. 9 4 - 2 7 4 A RESOLUTION OF THE CITY COUNCIL OF ME ClTy OF CARLSBAI CALIFORNIA, ACCEPTING CALIFORNIA ARTS COUNCIL GRANTS IN TH AMOUNT OF $6,700 AND APPROPRIATION OF FUNDS FOR VISITIN ARTlST PERFORMANCES, THEATRE OF YUGEN AND SAN JOSE TAIKO. WHEREAS, one of City Council's 1994 goals for the Arts Office is to "provide of quality cultural programs, including all forms of visual and performing arts, to all residents"; and WHEREAS, the Arts Commission recommends a minimum of two visiting artist 1 be held in FY 1994195 to fulfill this goal; and WHEREAS, the California Arts Council provides partial funding for artists lisi touring program; and WHEREAS, the California Arts Council has awarded grants to the City of Carl: Program in previous years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of California, as follows: 1. 2. 3. That the above recitations are true and correct. That the California Arts Council grants in the amount of $6,700 ai accepted. That grant money is hereby appropriated into account number 180- 2495 for the uses described herein. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council oft Carlsbad, California, held on the 27th day of SEPT~ 1994, by the following vc AYES: Council Members Lewis, Sta NOES: None ABSENT: None ATTEST: ALETHA L. RAWENKRANZ, City Clerk APPROVED BY THE 94 .19-. July CONTRACT NUMBER TR4- 005 CONTRACTORS FEDERAL I 95-6004793 1lllE OF OFFlCER AGTlNG FOR STATE Chief of Administrative Services AGENCY California Arts Council , hercaftcr call W A ' STATE OF CALIFORNIA .STANDARD AGREEME T STD 2 (REV 4-90) (REVERSE) I. The Contractor agrees to indemnify,defend andsave harmless the State, its ofTicers,agents and em from any and all claims and losses accruing or resulting to any and all contractors, subconti materialmen, laborers and any other person, firm or corporation furnishing or supplying works materialsnr supplies in connection with the performance of this contract, and from any and all cla Contractor in the performance of this contract. losses accruinf or resulting to any person, firm or corporation who may be injured or damagec 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreeme act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Con should Contractor fail to perform the covenants herein contained at the time and in the mannet provided. In the event of such termination the State may proceed with the work in any manner 4 proper by the State. The cost to tbe State shalI be deducted from any sum due the Contractor um 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 assignable by Contractor either ii 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 si1 the parties hereto, and no oral understanding or agreement not incorporated herein, shall be bin any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation fot Contractor's expenses incurred in the performance hereof, including travel and per diem, otherwise expressly so provided. 0 a Schedule of Agreement (Touring Program Roster) Between the California Arts Council (hereinafter called CAC) and the forenamed Contractor for p in the CAC Touring Program (TP) for 1994-95. The Contractor does hereby agree to furnish to CAC the following services (14): 1. Under the terms of the CAC-TP to enter into contract for the engagement(s) as listed on the Standard Agreement and made a part of this contract. To abide by the terms and conditions of the FY 94-95 Touring Program Sponsor Guidelines in the 1994-95 Touring Artist Directory and as amended. To submit to the Touring Program within sixty days after completion of the engagen admission charged for each activity, an income and expense report, and an evaluation of the on the Presenting Organization Report Form. A program, examples of publicity and pro an invoice for the grant share of the performing group's fee must accompany each re] payment for any single engagement will be withheld until submission of all required docu To include in ALL programs and other published materials related to the CAC-TP engal credit line: "THIS ENGAGEMENT IS SUPPORTED, IN PART, WITH FUNDS PRO7 THE CALIFORNIA ARTS COUNCIL, A STATE AGENCY. " Copies of printed matte such mention shall specify that "ANY FINDINGS, OPINIONS, OR CONCLUSIONS C( THEREIN ARE NOT NECESSARILY THOSE OF THE CALIFORNIA ARTS COUNC The CAC is only obligated for its share mentioned above to the extent that it receives fun for such purposes during the terms of this agreement. Notwithstanding any other prov agreement to the contrary, the discharge of any financial obligation of the CAC hereun deferred by the CAC until such time as it has received duriig this agreement funds availa purpose. CAC execution of this agreement shall in any case be dependent upon the receipl executed copies hereof by the contractor. Contractor understands the NENCAC Tour Roster provides reimbursement for a portion of the artist's cash fee only. No other costs ai Artist fees must be paid in full at the time of the engagement. If contractor fails to pay full, funding for the engagement will be in jeopardy. If contractor cancels any performar for this current year and funding for 1995-96 will also be in jeopardy. 2. 3. contractor a description of the engagement, including but not limited to numbers of 1 4. 5. FINAL INVOICE MUST BE POSTMARKED WITHIN 90 DAYS OF THE ENDING DP CONTRACT. -1- 0 m 6. Copies of the fully executed Artist-Presenter contracts must be received and approved by Program before fee support will be provided by CAC. The Contractor must notify Touring Program in writing of any changes in the contr performing group or of any schedule changes. All such changes shall be subject to the wrii of the CAC. The Nondiscrimination Clause (OCP-1)’ is attached and made a part of this agreemer Contractor’s responsibility to read and adhere to the requirements of this attachment and Access regulations and the State of California Government Code 11139.5. This grant shall not be deemed accepted, valid or binding on the part of the State unless the Department of Finance and/or General Services of the State of California, where thei required. Contractor shall be subject to the examination of the Auditor General for the period of thrr the final payment under the contract (Government Code Section 10532). National Labor Relations Board Certification Contractor, by signing the contract, does swear under penalty of perjury that not more tl unappeasable finding of contempt of court by a federal court has been issued against the ca the immediately proceeding two-year period because of the contractor’s failure to comply 1 of a federal court which orders the contractor to comply with an order of the National La1 Board (See Public Contract Code Section 10296). 7. 8. 9. 10. 11. 12. General State Requirements. (a) The following requirements, in addition to any special conditions incorporated in t Arts Council Funding Criteria, are applicable to and binding upon recipients of grai California Arts Council. (b) Note: Most of the funds that are allocated in grants from the CAC are State fun the Council receives funds from the Federal Government. Therefore, some of the grant in whole or in part of Federal funds. These latter grants will be made only to organizatic not use Federal funds as part of their match. Since Federal funds cannot be used to IT funds, if your grant includes Federal funds, you will not be able to accept Federal funds foi project. Return of Grant Funds Earmarked but No Longer Required for Specific Items: Wher specifies that grant funds are to be used for specific items, and subsequent to the receipt the grantee obtains the same without cost, or at a reduced cost, the saving, except for gooc judgment of the California Arts Council, shall be promptly returned to the State. Costs Records: Grantee shall maintain complete, accurate and current records of including obligations incurred with respect thereto. Such records, or xeroxes of such recc 13. 14. -2- a m kept separate from other cost records. During the duration of the project and for not les years after completion or termination of the project, grantee shall make available for exax audit any books, documents, papers or records pertaining to the project, to the California AI State Controller or where pertinent, the Federal Government. Upon request of such parti shall furnish at its own expense legible copies of material the deem pertinent. 15. Drug-Free Workplace Compliance By signing this contract, the contractor certifies under penalty of perjury under the laws of California that the contractor will comply with the requirements of the Drug-Free Worlcp 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace bj following actions: 1) Publish a statement notifying employees that unlawful manufacture, distribution, dj possession, or use of a controlled substance is prohibited and specifying actions to be ta employees for violations, as required by Government Code Section 8355(a). 2) inform employees about all of the following: a) b) c) d) 3) Establish a Drug-Free Awareness Program as required by Government Code SectioI 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 employee assistance programs: and penalties that may be imposed upon employees for drug abuse violations. Provide, as required by Government Code Section 8355(c), that every employee wl 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 em1 this contract. a) b) 16. Statement of Comdiance Contractor upon signing this contract shall constitute a certification under the penalty of p‘ Government Code Section 12990 and Title 2, California Administrative Code, Section 81 the laws of the State of California has complied with the nondiscrimination program reqi -3- 0 e 17. DUE TO THE UNCERTAINTY OF THE GENERAL FUND WITHIN THE CALIFORE BUDGET, REDUCTIONS MAY BE AUTOMATICALLY MADE TO THE CALIFOR COUNCIL APPROPRIATION FOR THE 1994-95 FISCAL YEAR. THIS "TRIGGER" AND OTHER BUDGET REDUCTION MECHANISMS MAY OCC AFTER THE EFFECTIVE DATE OF THIS AGREEMENT. THEREFORE, THE ENTIRE AMOUNT OF THE AGREEMENT IS VALID AND ENF( ONLY IF SUFFICIENT FUNDS ARE MADE AVAILABLE TO THE CAC BY THE CALIFORNIA FOR THE FISCAL YEAR 1994-95 FOR THE PURPOSES OF THIS PR IT IS MUTUALLY AGREED THAT IF THE STATE REDUCES THE FUNDS AVAII THIS PROGRAM, THIS AGREEMENT MAY BE AMENDED- TO REFLE( REDUCTIONS. THE DEPARTMENT HAS THE OPTION TO VOID THIS AGREEMENT UNDER T CANCELLATION CLAUSE OR TO AMEND THE CONTRACT TO REFLECT ANY R OF FUNDS. THE STATE HAS THE AUTHORITY TO CANCEL THIS AGREEMENT UP0 WRITTEN NOTICE. 4- e a NOND I SCRIM I NAT I ON CLAUSE (om - 1) I. During the Performance of this contract, contractor and 11 employee or applicant for emp1oyment because of race, rel. don, color, national ori in, ancestry, physical handicap, medical condition, marita 9 status, age (over 40) or sex, Contractors and subcontractors shall insure that the evalr tion and treatment of their employees and applicants for em loment are free of such discrimination, Contractors ( Employment and Heusing Act (Government Code, Section 1290( et se J and the applicable regulations promul ated there1 seq, 1 a The applicable regulations of the Fair Employment Housing Commission im lementing Government Code, Section fornia Administrative Code are incorporated into this con- by reference and made a part hereof as if set forth in fu Contractor and its subcontractors shall give written notic their obligations under this clause to labor organization: which they have a collective bargaining or other agreemen 2, This contiactor shall include the nondiscrimination and cc Pliance provisions of this clause in all subcontracts to I Hork under the contract. subcontractors shall not unlawfully dlscrimfnate against ( su E contractors shall comply with the Provisions of the Fa* (Cali$ornia Administrative Code, Title 2, Sect 9 on 7285,O f set forth in Chapter 5 of Division 4 of Title 2 of the Ca STD. 17A (N€W S-83)