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HomeMy WebLinkAbout2000-01-04; City Council; 15549; California Arts Council Grant- -,. CITY OF CARLSBAD - AGENDA BILL AB# 6’. f+f ACCEPTANCE OF CALIFORNIA MTG. 01!04/00 ARTS COUNCIL GRANT DEPT. ARTS- Y RECOMMENDED ACTION: Adopt Resolution No. --@a accepting a $19,000 Arts Education Partnership Grant from the California Arts Council. ITEM EXPLANATION The Carlsbad Arts Office applied for and received a $19,000 Arts Education Partnership Grant which allows the Arts Office to work in partnership with the Encinitas Unified School District (EUSD) in developing a long-range plan for arts education. Three EUSD schools are within Carlsbad city limits. The Encinitas Arts Commission is also participating and will provide services to the schools within Encinitas city limits. A School/Community Steering Committee ‘provides direction for the Plan. This grant will provide the opportunity to provide services to students and parents in the EUSD while continuing services in the Carlsbad Unified School District. The grant fulfills the City Council Goals to actively pursue the contribution of funds and provide quality programs and encourage opportunities through partnerships with schools. FISCAL IMPACT The Arts Education Partnership Grant requires matching funds of $28,000 which will be matched by the Encinitas Unified School District. Funds will be appropriated into account no. 18940057550. EXHIBITS: 1. Resolution No. d&o ‘bizc 2. Contract with California Arts Council 3. Resolution from Encinitas Unified School District RESOLUTiON NO. 2000-02 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN ARTS EDUCATION 3 PARTNERSHIP GRANT FROM THE CALIFORNIA ARTS COUNCIL 4 5 WHEREAS, the City Council goals include, “to provide quality cultural programs to all Carlsbad residents,” and to “Encourage opportunities through partnerships with schools,” and to “pursue the 6 contribution of funds,” and; 7 WHEREAS, the City Council directed the Arts Office to seek funding from other sources; and 8 WHEREAS, the California Arts Council awarded a $19,000 Arts Education Partnership Grant to the 9 City of Carlsbad to develop a long range arts education plan with the Encinitas Union School District and City of Encinitas Arts Commission, and; 10 WHEREAS, matching funds for this grant will be provided by the Encinitas Union School District. 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 12 1. That the above recitations are true and correct. 13 14 2. That the $19,000 Arts Education Partnership Grant lYom.the California Arts Council is hereby accepted. 15 3. That the grant money is hereby appropriated into the Arts Education Partnership Grant .16 Miscellaneous Outside Services account for the uses described herein. 17 PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of JANUARY , 2000, by the following vote, to 18 wit: 19 AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin NOES: NONE 20 ABSENT: NONE 21 22 23 24 25 26 27 28 Assistant City CLerk STATE OF ‘XLIFORINIA STANDdRD AGREEMENT - $!$~~;~~;;& I---. CC ACT M:tdBER j LA-994977 T--- --.-------- / AMNO. S1’0. 2 (REV591) 1 TAXPAYERS FEDERAL EMPLOYER lDENTlFlCATlON NUMBER THIS AGREEMENT, made and entered into thi July 1, 1999 954004793 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 AGENCY Chief of Administrative Services California Arts Council , hereatter called the State, and CONTRACTORS NAME City of Carlsbad , hereafier 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 St& services and materials as follows.@etjorrh service ro be rendered by Contractor, amoctrtt IO be paid Contractor, time for performance or completion, and attach plans and specijications, i/any.) Contractor, as a participant in the California Arts Council’s Local Arts Education Partnership Program for 1999-2000 shall adhere to the attached Schedule of Agreement with Exhibit A attached and made a part of this agreement. Duration: August 1, 1999 through August 3 1,200O Total amount not to exceed: $19,000 CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRAmOR AND CONTRACT NUMBER. The provisions on the reverse side hcreofconstitute a part of this agreement. IN WITNESS WHEIGOF, this agreement has been esecuted by the parties hereto. upon the date tirst above written. 1 STATE OF CALIFORNIA -_-. AGENCY California Arts Council -.-- -.- ! --j I CONTRACTOR I - -1 i CONTRACTOR (tfofhcr rhan an tndrvrdual, .rmc whether a corporarmt pormersh,p. rrc.) I -__- 1 Chief of Administrative Services Carlshad AMOUNT ENCUMBERED BY THIS DOCUMENT $19,000.00 PRIOR AMOUNT ENCUMBERED FORTH6 coNTR4cT $0.00 ToTAL ~t4oUNr ENCUMBERED TO DATE I s19,000.00 PROGRAM/CATEGORY (CODE AND Tl?LE) LAEP ~OIllONAL USE) ! RIND lTll.E j License Plate ITEM CHAITER STAlUl-E FISCAL YEAi- 8260-101-0078 99 99-2000 ___________ -- ............. - .......... -. ....... -. ....... ..-.---. 150-99 / ...... -. ..... ......... OF EXPENDITURE ICODE ANDllTLE) __ -..-._ ---_--- !I hereby certiry upon my own personal knowledge that budgeted funds , T B ,t vo I! K NO lare available for the period and purpose of the expenditure stated above. .__~~ _. -. -... --.--.- .~ _ tY>N I’Khc.7 OK s.r.\ rii uxwi CA 920081989 / I Department of General Services Use Only P * T; l,, I F ,,. Cr\~II’OI,NIA ZTANDARD AGREEMENT , 7 I (GIV 5.91, ~~“.TnS:t I. The (1011 trartor qrecs to incl~~mniT!.. dcftnd 2nd save II:I~III~CS~ t hr: St;~tc. its o(‘ficcr~ ;I’~ch~s ;\(I(1 ctr\plu)ccs . . L’r0r11 an !’ and ;111 ckiims and I~ts,scs accruin, a* Of rc.cltltinx [(I ;~tty ;llrd ;tiI Cr~lllr;lcttlVS. SltlKOnlr:tCIflrr;, mrrtcri;llmcn, lahorers and ;ln! ntllcr pcrsw~, firm or corpor;ltiun furnishinK or su{ll)lyin;: ~(lrk Wr+w: matcri;rlc or supplies in cnnncctinn wit11 the pcrl’urm;tncc of this contract, 2nd Irom i~ny :lnd all chine ;\nd losses accruing or rtsulting to any person, firm or cnrpor;ltion who ma! be injured nr tlam:l~:ed by tlrc Contr:ictor in the performance of this contract. 3,. The Contractor, and the agents and cmploycs of Contrnctor. in the pcrrurm;lncc of llrc ~~~CCIIIC~~, s!I;III act in an independent capacity and not as oficcrs or crt~ployccs or agents or State (A’ Calil’ornix. 3. l’lleSL;rte n~a)‘termi~~atetl~isa~rccn~cntand be relieved (~Fthc p;lymcnt aT;ltl)-cnnsiricr;ltion h~~,‘ontractor ~hor~ld Contractor fail to perform the cwcnant~ herein conttiincd at the time and in the m;inrw lwrcin provided. In the event of such termination the State may prvcecd with the work in any ni;rlrncr drcmccl proper by thestate. Tlw cost to 111~ Statcsh;lll bc deducted from an) sum due the C’onlrarlc~r untlrr Illis qyccnicnt, and the balance. if any. shall be paid the Contr;lctor upon dcm;lad. 4. \%lhout the wriltcn ctrnscnt or tlrc $l:ltc. this ;lgrwmcnt is not xssiKn:rblc b!. (:orltr;~~lor ii:!ll.r ill u t1:111 or in part. 7 Time is ol’thc csscnce in this qrecmcnt. _. 6. h’o :tltcr:itiun or v:lriatiort of the terms (6 this coa~r:uXsll:~Il Ix v;rIid unlrss u~wic in \S r.itill: ~lr~d skncd I)! the p:~rtics hcrcto, and na w-al trrltlcr~t;lndin~ ur qrccmcnt not incorpor;\trtl horrirl. sll;~ll hc I~intlitlg (III any trr the (I:trtics hcrcto. 7. The consitfcration tn I)c paid Cwtractor, as pwvidcd Itcrcin, sh;tll bc in rctmpcrls;Iliorl f’ctr ;lll (:I- ~OllLrWZlO~‘S cq?cnscrs incurred ir1 the pcrrclrm;rncc hcrco(‘. including trx\x!I and prr’ tlicm. unlc~~ othcrwisc cxprrssly sn provided. SCHEDULE OF AGREEMENT Local Arts Education Program for 1999-2000 *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 Program for Fiscal Year 19!39-2000. 1. STATEMENT OF WORK 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. COSTS AND PAYMENT 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-301, “Invoicing for Advanced 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 Self-Evaluation. Invoices will be submitted to the CAC not more than once a month. AU supporting documentation will be retained by the contractor and not submitted - with the invoice unless specifically requested iu writing by CAC staff. 1 The contractor is to submit all invoices for reimbursement to the CAC within 180 days after the contract completion date. Invoices received by the CAC after the 180 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 ikk 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 shah also be considered cause for disqualification from future funding consideration by the CAC. b. Budget changes shah be allowed within Personnel Expense category, but may not increase E decrease a specified line item by more than 10 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 10 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 shah 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 shah apply to the Contractor. All travel must be within the State of Caiifomia to be reimbursable. Trave! expenses must be documented by using a CAC-306, Travel Expense Claim Form. - 3. MATERIALS DEVELOPED UNDER CONTRACT TERMS 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 panial support. 2 ,- Any published, visual or recorded material, or any exhibition, display or performance that describes or is prepared in connection with, or results in whole or in part from this Contract shall include a statement made to the effect that “THIS PROJECT IS FUNDED IN PART BY THE CALIFORNIA ARTS COUNCIL, A STATE AGENCY, THROUGH THE LOCAL ARTS EDUCATION PARTNERSHIP PROGRAM, A COLLABORATIVE PROGRAM WITH THE CALIFORNIA DEPARTMENT OF EDUCATION.” If such published, visual or recorded material espouses an editorial viewpoint such as in a magazine, book or brochure, the CAC requests that Contractor specify in the material that “ANY FINDINGS, OPINIONS, OR CONCLUSIONS CONTAINED THEREIN ARE NOT NECESSARILY THOSE OF THE CALIFORNIA ARTS COUNCIL OR CALIFORNIA DEPARTMENT OF EDUCATION. ” The CAC encourages Contractor to use the California Arts License Plate graphic and text on printed materials in conjunction with the language required in this paragraph, if appropriate, to assist the CAC with increasing public awareness of the California Arts License Plate program. The Arts License Plate Program fUnds the LAEP. 4. NONDISCRIMINATION CLAUSE During the performance of this Contract, Contractor and its subcontractors shall not unlawfilly 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, 129!900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, 7285.0 et seq.). 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 labof 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. 5. STATEMENT OF COMPLIANCE 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 3 -. exempted, complied with the nondiscrimination program requirements of Government Code 12990 (a-f); and Title 2, CCR 8103. 6. EXAMINATION AND AUDIT 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. 7. ASSIGNMENT OF TRANSFER 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 Am Council. 8. TERMINATION It is mutually agreed that either patty may cancel this Contract by giving 3O-caJendar days advance written notice. The CAC has the right to require Contractor to stop or suspend work by giving 3O-calendar days prior written notice. Within 30 days of such termination, Contractor agrees to furnish the CAC with an item&d accounting of funds expended, obligated and remaining under this contract. 9. COST RECORDS CONTRACI’OR 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 CONTRACTOR SHALL FURNISH AT ITS OWN EXPENSE LEGIBLE COPIES OF MATERIALS THE REQUESTING PARTIES DEEM PERTINENT -- WITHIN 10 WORKING DAYS FROM RECEIPT OF THE REQUEST. 10. EVALUATION AND EXPENDITURE REPORTS Contractor agrees to furnish 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, evaluation and expenditure reports relating to the project. 4 11. INDEPENDENT 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. 12. FINAL APPROVAL If required, this Contract is of no force or effect until approved by the State Department of General Services. 13. NATIONAL LABOR RELATIONS BOARD CERTIFICATION 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. 14. DRUG-FREE WORKPLACE 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) the dangers of drug abuse in the workplace; b) the person’s or organization’s policy of maintaining a drug-free workplace; cl any available counseling, 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, 5 b) 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 Mute 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 carty out the requirements as noted above.” 15. AMERICANS WITH DISABILITIES ACT OF 1990 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 seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 16. RESOLUTION OF DISPUTES If Contractor disputes any action by the California Arts Council arising under or out of the performance of this contract, Contractor shall not@ 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 tinal 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. 17. FUNDING CONTINGENCY This Contract is valid and enforceable only if sufticient funds are made available to the CAC by the State for the Fiscal Year 1999-2000 for the purposes of the Local Arts - Education Grant Program. 6 EXHIBIT A I ‘/-“ISED PROJECT DESCRIPTION :!ND BIJDG- Concrxt Numtxr Lfl +i@ 7-) N.unc of Cmracr~r I PROJECT DESCRlPTlON: Project SHAPES will implement the shared vision of the Carlsbad Arts Office Encinitas Arts Commission and the Encinitas Union School District. This is the Planning Grant Year to begin implementation of a new music program, to plan and coordinate resources and to develop advocacy for the arts. 1 BUDGET: Personnel Expense Category Job Title Fklte of Pay Line Items* I. Artistic - Salaries Subwd 2. Adrninistralivc - Salaries SubloI3I 51.500 S 8,500 3. Tschntcd - Salxics * subst. teachers 13fhr * outside prof serv consultants Prof. devel. serv s 3,000 2,250 5 SuhkKll 3 rml1 Pcr*.cJrlrlcl li.q?crlYa (/\A I t- 2 t 3 IronI JtMJve) artists euest artists Proj.Coord- LAA 30fhr Proj Coord -LEA -&m-E- Admin 22/hr CAC Award $ 5,000 2,000 5 1,500 s-52JQ $13,750 --.-- * indicates $ for staff development 5 Opr slingll’l <wltJs IIOII s.5,250 I~:x["rrsc (‘JlVfW )' l’Of,\l. litfI,(;f:.r (Jtht l.lllC; ,\ .llld 5) *l’) ,QO!, ‘SW Rcvrrcc for I,irw Ilrrrl I)vu.c.ilJlifm\ Applicant LM Applicant m Match- Match- (do no1 over ma1ch) (do mx over March) S 2,000 s 2.000 f 10,000 s 10,000 $8,500 -- 5 4,500 5 3,000 -e-mJ- 2 zso- 1,000 5 gLO,500 --~__ s 5.00 P !.,!N(~.‘... s 8,750 *23,350 _-_ --- 5 .4x7-50 I 28,000 _ U N I 0 N SCHOOL DISTRICT . ..Together ffelping Children to ReachfortheStars.... I.lB Carl&ad Arts Office March 9, 1999 To whom it may concern, Following is an excerpt from the Board of Trustees meeting of December 8, 1998: “Moved by Mrs. Skiljan, seconded by Mrs. Kuder, and unanimously carried, the Board of Trustees approved the Letter of Intent for a Planning Grant from the Local Arts Education Partnership Program.” Sincerely, Elizabeth A. Wallace Assistant to the Superintendent ew Board of Trustees Shannon Kuder William Parker Cathy Regan Carol Skiljan Marla Strich Superintendent Douglas P. D&ore. Ed.D. Assistant Superintendents Bonita Drolet, Ed.D. Danniel Grider. Ed.D. Educational Services Adminlstrallve SewlCeS Chief Financial Officer Sharon Ft. South 101 S. Ranch0 Santa Fe Road, Encinitas. CA 92024-4349 Phone (760) 944-4300 FAX (760) 942-7094 E-mail: www.eusd.kl2.ca.us I.lB.1 Carl&ad Arts Office ENCINITAS UNION SCHOOL DISTRICT TO: Board of Trustees DATE: December 8,1998 FROM: Douglas P. DeVore, Ed.D. Superintendent SUBJECT: Approval of Request to Submit a Letter of Intent for a Planning Grant from the Local Arts Education Partnership Program L Recommendation It is recommended that the Board of Trustees approve the request to submit a Letter of Intent for a Planning Grant from the Local Arts Education Partnership Program. Information The Carlsbad Arts Council and Encinitas Arts Commission have committed their support to collaborate with the Encinitas Union School District on a California Arts Council Planning Grant from the Local Arts Education Partnership program. The full amount of $20,000 is being requested which will require a $20,000 match in-kind support from the Encinitas Union School District and our partners. The Letter of Intent, due January 2, 1999 does not obligate the district to continue with the grant if during the process it is determined not to be in the best interest of the District to complete the application. The California Arts Council assistance has allowed artists, teachers, parents and students to develop a community-based plan for arts education to implement successfully in schools. The Carlsbad Arts Council has just completed a three year grant in collaboration with the Carlsbad Unified School District. Based on the requirements of the grant, the Carlsbad Arts Council will be the Local Arts Agency receiving and overseeing the use of grant funds. Upon successful completion of a planning grant, the partnership would be eligible to apply for year two and three implementation grants. The match for each year increases from the first year’s 50% level to 66% and 75%, respectively. NC:db 1 2-E’