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HomeMy WebLinkAbout2000-09-12; City Council; 15881; Acceptance Of GrantACCEPTANCEOFGRANT RECOMMENDED ACTION Adopt Resolution No.&%47/ accepting a $1,000 History Alive! Chautauqua grant from the California Council for the Humanities and the California State Library. ITEM EXPLANATION The History Alive! Chautauqua Grant provides funding which allows the Arts Office to present a scholar-performer portraying a key personality from the California Gold Rush and Statehood era, for the purpose of community education. The Arts Office will present Kate Magruder as “Dame Shirley,” the mining camp chronicler Louise Amelia Smith Clappe in a free public interactive performance on Saturday, September 30, 2000. The grant fulfills the 2000/2OOl City Council Goals to develop programs that support life-long learning and citizen engagement and to implement the delivery of City services through public/public partnerships. FISCAL IMPACT The History Alive! Chautauqua Grant of $1,000 for scholar honorarium, travel expenses and publicity costs does not require matching funds and will be appropriated for such expenses. EXHIBITS 1. Resolution No.u7( 2. Contract with California Council for the Humanities is P 8 a I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 '18 19 20 21 22 2a 24 25 26 27 28 - RESOLUTION NO. 2000-271 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT FROM THE CALIFORNIA COUNCIL FOR THE HUMANITIES WHEREAS, City Council goals include, “to develop programs that support life-long learning and citizen engagement and to implement the delivery of City services through public/public partnerships;” and WHEREAS, the Carlsbad Arts Office has been awarded a grant to present a free performance by a History Alive! Chautauqua,.scholar; and WHEREAS, matching funds are not required for this grant, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad-as follows: 1. That the above recitations are true and correct. 2. That the ‘$1,000 History Alive! Chautauqua Grant from the California Council for the Humanities is hereby accepted. 3. That the Finance Director is hereby authorized to appropriate the funds into account number 00140657553. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council by the following vote, to wit: AYES: Council Members Lewis, NOES: None ABSENT: None - CALIFORNIA COUNCIL FOR THE HUMANITIES 312 Sutter Street Suite 601 San Francisco CA 94108 415/391*1474 GRANT AGREEMENT for all planning and mini-grant projects funded by the California Council for the Humanities Date: June 1,200O Grant Number: LSTAOO-12 Between the California Council for the Humanities (hereinafter, CCH) and: City of Carlsbad Library, Arts Office (hereinafter, Grantee) for the project entitled: “ History Alive! Chautauqua” described in the Grantee’s proposal, dated: May 31,200O Upon receipt of a signed copy of the CCH grant award letter, the CCH will provide a grant to the Grantee subject to the terms and conditions set forth below. 1. GRANT PAYMENT Upon receipt of the grant award letter from the CCH office, the project director must sign and return the copy of the letter acknowledging acceptance of the grant award and the provisions outlined in this Agreement. A check for the full amount of the grant award will be sent upon receipt by the CCH of the signed copy of the grant award letter. 2. LIMITATIONS ON THE USE OF GRANT FUNDS Title VI of the Civil Rights Act of 1965 provides that, “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance” (Section 601). Grantee’s activities will be subject to review to determine whether Grantee is meeting the requirements of Title VI and is eligible to continue to receive such federal assistance. Grant funds may be expended only for project purposes and activities set forth in the budget as originally approved or subsequently amended. Proposed amendments must be submitted by the Grantee for written approval by the CCH. Significant changes requiring such action include the following: Changes in the project director or other key professional personnel identified in the approved application. A change in the project director brings an automatic suspension of the grant until the new director has been specifically approved by the CCH. 3 Grant Agreement Page two a. Changes of program scope, purpose, or activities. b. Changes in the project budget which exceed 20 percent in any budget line item or which introduce or eliminate types or categories of expenditures. c. Changes in the duration of the grant period. (Changes should be requested at least 30 days prior to the termination of the grant period.) The grant period begins on the date of the award letter and terminates six months later. Commitment of grant funds must occur during the grant period. Such commitments must relate to goods or services provided and used within the grant period. The total payment by the CCH to the Grantee will not exceed the amount set forth in the original grant award letter or written modification thereof. 3. MISSAPPLIED FUNDS In cases where funds are determined by the CCH to have been misapplied by Grantee, Grantee agrees to repay to the CCH all such funds or transfer to the CCH all property acquired through the use of such funds. 4. UNCOMMITED FUNDS Any funds actually received by Grantee which remain uncommitted at the termination of the grant period must be returned by check payable to the California Council for the Humanities, at the time of submitting the final financial report. 5. COST PRINCIPLES Only those costs set forth in the approved project budget are allowable. The following list of such special items is intended to be a comprehensive statement of all nonallowable costs. In the event of a conflict between the general standard below and any special provisions in the grant award letter, the special provisions shall be applicable and binding. a. Per Diem Reimbursements. Costs may not exceed the current rates allowable by the CCH and may be for lesser amounts at the Grantee’s discretion. b. Travel Reimbursements. Whenever possible, less than first class accommodations should be used for air or rail travel. If first class accommodations are used, records should contain a certificate that less than first class accommodations were not available. When necessary, travel by other than the above modes may be authorized. The maximum automobile mileage reimbursement rate is that currently authorized by the CCH. c. Cauital Items. Capital items include land, buildings, automotive equipment, office equipment, electronic equipment, etc. THE PURCHASE OF ANY ITEM WITH GRANT FUNDS REQUIRES PRIOR WRITTEN APPROVAL BY THE CCH. Grant Agreement Page three d. Food Costs. Food costs for luncheons, banquets, coffee, or any other purpose other than per diem reimbursements for project personnel in travel status, are unallowable. 6. GRANT ACCOUNTING AND RECORDS a. General. Grantee shall maintain records and accounts consistent with generally accepted accounting principles and also shall provide for such fiscal control and fund accounting procedures as are necessary to assure proper disbursement of and accounting for grant project funds. Accounts and supporting documentation relating to project expenditures shall be adequate to permit an accurate and expeditious audit. b. Matching Funds. Grantee shall maintain records to demonstrate that matching contributions are not less than the amount proposed in the application or any subsequent revision thereof. The amount of Grantee’s contribution is subject to audit. c. In-Kind Contributions. Some objective record as to both type and value of in-kind contributions by Grantee (such as signed in-kind contribution statements) is required. When the contribution is made by a third party, written evidence from the third party is required as to both type and value. 7. REPORTS Grantee shall submit, by the end-date of the grant period: (1) a brief narrative report and evaluation stating what was accomplished with the CCH support; and (2) a final financial report which summarizes all expenditures of CCH funds and local matching amounts. The financial report must be based on receipts documenting actual expenditures, as well as signed statements documenting the provision of in-kind goods and services, but these reports should not be sent to the CCH office; they are to be kept in the offrce of the project sponsor for a period of three years in case an audit is requested. Only the final narrative report and evaluation and the financial report are to be filed with the CCH. This requirement also includes the right of the federal government to make an audit of any third party accounts related to the grant. 8. AUDITS The CCH may inspect and audit Grantee’s financial accounts and records, or may designate a qualified person to do so on its behalf, at any time during reasonable business hours and with such frequency as may be deemed necessary. Inspection and audit may include prefunding visits to determine the adequacy of the Grantee’s accounting system. In addition, the National Endowment for the Humanities and the United States General Accounting Office may conduct inspections and audits when and to the extent deemed advisable. FINANCIAL RECORDS MUST BE KEPT ON FILE FOR A MINIMUM OF THREE YEARS FOLLOWING THE TERMINATION OF THE GRANT PERIOD. The required retention period may be extended by written notification from either the CCH or the National Endowment for the Humanities. Grant Agreement Page four 9. EOUIPMENT AND TITLE TO PROPERTY The CCH reserves title to equipment purchased with CCH funds. Title to such equipment may, with special written permission from the CCH, be vested in Grantee subject to the conditions that Grantee continues to use the equipment for the purposes of activities in the humanities. 10. COLLECTION OF INFORMATION Grantee collects information from the public in connection with a research or other general purpose project on its own initiative. Grantee shall not, without prior approval from the CCH, in any way represent that the information is being collected by or for the CCH or a federal agency. 11. PRINTING AND DUPLICATING Grantee shall not use grant funds for printing or duplication of one thousand or more copies of material other than advertising flyers, programs, and similar materials, unless specifically authorized by the grant award letter or other written CCH approval. 12. PUBLICATION AND ACKNOWLEDGEMENT OF CCH FUNDS Grantee may publish or produce without charge to grant funds the result of grant activities, provided that such materials (written, visual, or audio) contain an acknowledgement of the support provided by the CCH.and the National Endowment for the Humanities. Publications must include in an appropriate place the statement that, “the findings, conclusions, and opinions presented herein do not necessarily represent the views of either the California Council for the Humanities or the National Endowment for the Humanities.” At least three copies of such publications must be furnished to the CCH unless otherwise specified in the grant award letter. Any tangible result of grant activity (productions, displays, exhibits, films, etc.) must bear an acknowledgement of support by the California Council for the Humanities and the National Endowment for the Humanities. Films, tapes, or publications which may be produced as a result of grant activity but after conclusion of the grant will be subject to review by the CCH for determination as to what form of acknowledgement, if any, shall be included. 13. ACCESS BY CCH TO PRODUCED MATERIALS a. Grantee understands and agrees that the purpose of all grant activity is to inform and educate members of the public on the broad areas of public concern with which this project was intended to deal. Toward this end, the CCH and Grantee agree to engage in a relationship of good faith and cooperation to ensure that all produced materials will be reasonably available to the CCH. Grant Agreement Page five b. For the purposes of this Agreement, The term “produced materials” refers to all intellectual property, whether copyrighted or not, including but not limited to productions, displays, exhibits, films, tapes, books, articles, and transcripts which are produced by Grantee or by participants enlisted by Grantee as a result of activity funded under this grant award. c. The federal government and the CCH reserve a non-exclusive license to use and reproduce, without payment, any produced materials, including copyrighted material, arising out of grant activities where the government or the CCH deems it in its interest to do so. This provision is subject to, modified by, and supplemented by any additional provisions in this Grant Agreement or in the award letter covering use of rights to all produced materials. d. Ownership and copyright of produced materials are held by Grantee subject to all other provisions and conditions governing access by the CCH and the federal government to produced materials included in this Agreement, the grant award letter, and any other applicable written agreement. e. If ownership and/or copyright of produced materials is claimed by any person other than Grantee such as scriptwriter, editor, consultant, filmmaker, author, or lecturer, Grantee agrees to take any action that shall be necessary to ensure that the Council retains all rights that would accrue to the CCH under this Agreement if copyright was fully vested in Grantee. Grantee agrees to conduct its activities in such a manner and to make such agreements with any other persons wishing to copyright produced materials to ensure that the CCH will continue to be able to exercise freely all its rights under the provisions of this Agreement. Grantee’s duties will include but not be limited to the duty to obtain assurances from the lecturers that the transcripts of their lectures may be used by the CCH in the CCH newsletter, annual report, or for other purposes. 14. INCOME EARNED FROM THE PROJECT All income earned by Grantee as part of or as a result of the conduct of the grant project shall be used by Grantee for activities for the project approved by CCH. a. Use of Income. Any income earned from registration fees, service charges or fees, or similar sources during conduct of the project shall be used by Grantee for activities for the project approved by the CCH. If the income cannot be used, it shall be paid by Grantee to the CCH for further regranting purposes. b. Distribution of Income Any income earned from the sale, rental, distribution, or other merchandising of produced materials will be distributed as follows: Grant Agreement Page six 1) From net income, payment of 50 percent will be made to the CCH and 50 percent to the Grantee. It is agreed that net income will be determined by subtracting the reasonable and ordinary costs of distributing the produced materials from the total gross income derived from the merchandising. No other costs may be deducted from the gross income before income division, such as cost overrun for production of the materials, whether or not such costs were included in the original budget request or grant amount awarded. 2) Income division will remain in effect for a period of ‘five years, beginning on the last day of the grant period, or until the CCH has received repayment of all CCH funds distributed to Grantee, whichever comes first, at which time Grantee will receive 100 percent of the income. 15. TRANSFER OF COPYRIGHT OR OWNERSHIP In the event that Grantee transfers copyright or ownership of any produced materials for distribution or for any other purpose, Grantee agrees to take any action that shall be necessary to ensure that the CCH shall continue to be able to freely exercise all rights reserved under this Agreement. If Grantee in transferring copyright or in allowing copyright to vest in any other person fails to fully protect the rights reserved to the CCH and the federal government under this agreement, then Grantee agrees to indemnify and hold CCH harmless from any claims, actions, liabilities, losses, or expenses for which the CCH might otherwise be held responsible resulting from infringement in the use of material, invasion of privacy, libel, breach of contract, or third party indebtedness. 16. OTHER AGREEMENTS The provisions and conditions of this Agreement may be supplemented and modified by special provisions included in the grant award letter. This Agreement is the complete and integrated agreement between the parties only to the extent that no prior or subsequent oral agreement may contradict specific written provisions and is not intended to prevent other written agreements from being made. 17. NON-COMPLIANCE Grantee and CCH agree that upon non-satisfaction by Grantee of any of the conditions set forth in this Agreement or in the grant award letter, the CCH may at its option: (1) suspend all of its duties under this agreement, including the duty to pay the grant money; or (2) declare these duties discharged and require Grantee to repay grant money previously awarded; and Grantee agrees to do so. By signing the copy of the grant award letter, Grantee acknowledges having read and understood all of the provisions and conditions in this Agreement and promises to fully comply with each and all of them.