HomeMy WebLinkAbout2001-01-09; City Council; 16008; Arts Council Grant & Appropriation of Funds8 /
CITY OF CARLSBAD - AGENDA BILL
AB# /&+oog TITLE: DEPT. HD.
MTG. /-+ ;200 (
APPROVAL OF CALIFORNIA ARTS COUNCIL
GRANT AND APPROPRIATION OF FUNDS CITY ATTY. &EL
DEPT. ARTS CITY MGR w
RECOMMENDED ACTION:
City Council adopt Resolution No. 2bor - / approving the acceptance of a California Arts
Council grant in the amount of $20,000 that supplements the joint arts education program of the
City and the Encinitas Union School District and appropriating $20,000.
ITEM EXPLANATION:
The Carlsbad Arts Office has been awarded an Exemplary Arts Education Grant in the amount of
$20,000 from the California Arts Council. Arts education programs that received the highest
ranking from previous grant applications and were considered exemplary statewide were invited
to apply. Funds will support the ongoing joint arts education partnership with the Encinitas Union
School District by adding services to the new El Camino Creek Elementary School. The funds will
provide artists in the classroom, guest artists, professional development for teachers and evaluation
of arts education. The acceptance of this grant fulfills one of City Council’s goals, “to enhance the
educational opportunities for all segments of the community...“.
FISCAL IMPACT:
No matching funds are required. Staff requests the Finance Director be authorized to appropriate
$20,000 to the designated grant account for expenditures as described above.
EXHIBITS:
I. Resolution No. JOOf.-./ __’
2. Contract with the California Arts Council.
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RESOLUTION NO. 2001-I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING A CALIFORNIA
‘ARTS COUNCIL GRANT AND APPROPRIATING FUNDS
WHEREAS, one of City Council’s goals is “to enhance the educational opportunities for
all segments of the community...“; and
WHEREAS, The Carlsbad Arts Office has been awarded and Exemplary Arts Education
Grant of $20,000 by the California Arts Council; and
WHEREAS, this grant will support the ongoing joint arts education partnership with the
Encinitas Union School District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as
follows:
I. That the above recitations are true and correct.
2. That the Exemplary Arts Education grant in the amount of $20,000 from the
California Arts Council is hereby accepted.
3. The Finance Director is hereby authorized to appropriate $20,000 to the designated
grant account for arts education expenditures.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 9th day of January I 2001 by the
following vote, to’ wit:
AYES: Council Members Lewis
NOES: None
ABSENT: None
ATTEST:/
STANDARD AGREEMENT
STD. 2 (mv.s-91)
APPROVED BY THE
ATTORNEY GENERAL
C- _.-
‘ACT NUMBER &NO. I
I EA-00-004
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT, made and entered into thi November 2,200O 956004793
tn the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TlTL@ OF OFFICER AClING FOR STATE
.- 1
AGENCY
Chief of Administrative Services California Arts Council , hereafter called the State, and
cON’IRACTOR’S NAME
City of Carlsbad PccLfj 0 pftc~ , hereafter called the Contractor. -..
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations oftbe State hereinafter expressed,
doa hereby Wee 10 fUmish to the St& serkes and matefials as follows: (Setforth service ro be rendered by Contractor, amount to be paid Contractor,
&ne for performance or completion. and attach plans and specifications, i/any.)
Contractor, as a participant in the California Arts Council’s Exemplary Arts Education Program for fiscal year 2000-2001 shall adhere to the
attached Schedule of Agreement with Exhibit A Project Description and Budget attached thereto.
Duration: November 6,200O through June 30,200l
Total amount not to exceed: $20,000
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER . _-- .- .._ . _ _ _ - _. .- - - --. -. - .- ._ _. --- 1’:-T-L-..- .--. __ _- ..-- . . _-. ._-- .________.....__. _- .___ __. _._ _ ________ -.Lezz~~
The provisions on the reverse side hereof constitute a part of this agreement.
M WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon tbe date first above written.
STATE OF CALIFORNIA
AOENCY
California Arts Council
BY (AUTHORIZED SIGNATURE)
1
I CONTRACTOR
I CONTRACTOR (rother than an individual. state whether a coporatIon. partnership. etc.)
c-1 06 CA-eLs8fb jiel-5 OFklc& .
_ _ _ _ _ _
pRINTED NAME OF PERSON SIGNING
Alan T. Smith
TITLE
Chief of Administrative Services _ . , -- - .--~-. -.--.
A,,,Om ENCUhfBBRED BY TtlIS PROGWCATBGORY (CODE AND TJTLE)
lx?CUMENT EAEP
$20,000 (OFTJONAL USE) ._ -..-.. -_--. - _ ._ .- _
rRJOR AMOUNT ENCUMBERED FOR
TIIIS CONTRACT tTEh4 SO 8260-101-0001
;FT;L AMOUNT BNCUMI3ERED TO OBJECT OF EXPENDITURE (CODE AND TITLE)
$20,000 ~000-706-51000
1200 Carlsbad Village Drive
Carlsbad CA 920081989 -- .._..-.. -.--_.
j FUND TtTL.E Department of General 1 General Services Use Only
CIIAFTER STATUTE
52 00
FISCAL YEAR
00-01
I heraby certify upon my own personal knowledge lhat budgeted funds are T.B A. NO.
available for the period and purpose of the expenditure stated above. _- -
SIGNATURE OF ACCOUNTING OFFICER DATE
t3.R NO
1 1 CONTRACTOR 1.~1 STATE AGENCY 1 1 DliPT OFLiEN. SER 1 CONTROLLER I I
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~y$!,y$!$yEEMENT -
1. The Contructorugrecs toinden~nify,dcfendundsav~hatn~lcss theState.iuonrricers,afitm(srndcmployces
from any and ull claims and losses accruing or resulting to my and all cnntructors, subcontractors,
m;ltcri;llmen, labarcrs and any other person, lirm or corporation furnishing or supplying work services,
materials orsuppfics in connection with the perfurmance of this contract, and from P’ny and ~11~lrims and ’
losses ucctuing or resulting to any person, firm or corporation who muy be injured or damaged by the
Contractor in the performance of this contract.
3. The Contractor, and the ageots and employees of Contractor, in the performance,of the agreement, shall
act in on indep&denl capacity jnd not as oITicers or employees or agents of Sbtt of Californi%
3.ThcStatemayterminattthisa~recmentandI~tetitvtdofthep~ymentofenyconsiderationtaContrrctar
should Contractor fail to perform the covenants herein contained at the time and in the munner herein
provided. In the tvent of such termination the State may proceedwith the work in any manner deemed
proper by the State. The cost to the Stntt skull be deducted from any sum due the Contractor under this
agreement, and the balonce, if any, shull be paid the Cdntracior upon demand.
4. Without the written conscnt'ol t&e State. this agreement is not assignuble by Contractor either in whole
or in part.
5. Time is of the essence in this agreement.
6. Knalterntiun or variation of the terms oT. this contract shall be valid unless made ia iritingvnd siged by
the parties hereto, and no or31 understanding (jr agreement not incorporated herein. shall be binding on
any of lhe partics hereto.
7. The considcrntiun ta he paid Contractor, as provided herein, shall be in compensation for a11 of
Contractor’s expenses incurred in the performance hereof, including travel and per diem. unless
olhcrwise expres4y so provided.
SCHEDULF3 OF AGREEMENT Exemplary Arts Education Program for 200041 Within 826@1014001(a) 05 Arts in Education
‘THIS CONTRACT IS NOT VALID UNTIL SIGNED BY THE STATE OF CALIFORNIA.
Between California Arts Council (hereinatteacalled CAC) and the forenamed Contractor for participation in CAC’s Exemplary Arts Education Program for fiscal year 20-01.
cont.ractor~toperformandwRyouta3.l sfmicesandactivi.ties~edintheProject Description and Budget attached hereto as Exhibit A .and inaqjorated herein by this
rtT&m+e.
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 Exemplary Arts Education Program Manager. Contractor shall not implement
any such changes until the contract amendment has been approved. All changes must
be requested before the end of the contract period.
2. COSTSANDPAYMEHT- . .
In consideration for. the satisfactory performance of Contractor’s duties ‘as specified in Exhibit A, the Project Descdption, the CAC m td pay Contractor a sum not to exceed the total amount shown on the Standard Agreement, for items as listed in the Exhibit A
&Idget.
a. 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-309,
“Invoice for Advance and Progress Payments.” The balance of the cnhact will be
paid in arrears. Invoices will be submitted to the CACnot more than once a month.
The final 10% of the total contract amount wilI he withheld until submission of the
National Endowment for the Arts Survey. (NRA Survey)
AU supporting dacumen tation wiU be retained by the contractor and a
submitted with the invoice unless specificaUy requested in writii by CAC
staff.
The contractor is to submit all invoices for reimbursement to the CAC within 60
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days after the contract completion date. Invoices received by the CAC afker the 60 days may not be paid by the CAC.
Contractor agrees to return all funds 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 shall also be considered cause for disquaIificakn from future funding aqidexation by the CAC.
b. Budget changes shall be allowed within Personnel Expense titegories, but may not
increase a demase a specified line item by more than 10 percent, providing that ‘thereisacomzspondingincreaseordecrease. in another line item within the
PtXSOMt+ E7CpC!-!lSe category.
The Contractor must submit a Standard AgreMent form to: 1) infxase 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.
C. Contractor hereby agrees to report to CAC, upon such forms as CAC may n$re, regadhg such opemting, 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 C&&actor. fl travel must be within the State of
California to be reimbursable Travel expenses must be documented by using a CAC-306, “Travel Expense Claim Form.”
3.
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.
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, shah include a statement made to the effect that “THIS PROJECT IS FUNDED
IN PART BY THE CALIFORNIA ARTS COUNCIL, A STATE AGENCY.” If such
published, visual or recorded material espouses an editorial viewpoint such as in a
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magazine, hook or brochure, the CAC requests that Contractor specify in the material that “ANY FINDINGS, OPINIONS, OR CONCLUSIONS CONTAINED THFWZIN ARE NOT NECESSARILY THOSE OF THE CALIFORNIA ARTS COUNCIL.”
The CAC ef~xwrages Contractor to use the California Arts License Plate graphic and text on printed mated; in conjunction with the language required in this paragqh, if
appropriate, to assist the CAC with increasing public awareness of the California Arts License Plate program.
4. EVALUATION REPORQ
Contractoragreesto*orkwiththeCouncilonprog&neval&ition. Contractoragreesto
furnish at such time during or upon the complet& of the project, as request& by the State, evaluation’ reports relating to the project.. If an evaluation report is requested by the State, the final 10% of the contract amount will be withheld until the submission of that report.
5. NONDISCRIMINATION CLAUSE
During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant i5r employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), men@ disability, medical condition (i.e. cancer), age
(i.e. over 4O), marital status, and denial of family cafe 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 subcontiactors shall comply witi, the provisioris of the Fair Employment and Housing
Act (Government Co&, 129900 gt XXI.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, 7285.0 et seuJ. 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.
Contractor shall include the nondiscrimination and compliance provisions of this clause in
all subcontracts to perform work under this Contract.
6. 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 contractor has, unless
exempted, complied with the nondiscrimination program requirements of Government Code
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12990 (a-f); and Title 2, CCR 8103.
7. AND AUDIT
Contractor shall be subject to the ex&nation and audit of the State Auditor for a period of three years after the termination or completion date stated in the contract. .
8. 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 Arts Council.
9. TERMINATION
It is mutually agreed that either party may cancel this Contract by giving 3Ocalendar 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 itemized accounting of funds expended, obligated and rem&kg under
‘ihis contracL
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 sepmte from other records. 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.
11. EXPENDITUREREPORTS
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, expenditure reports relating to the project.
12. 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 it is
entitled in any way to act or incur obligations on behalf of the State.
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13. FINAL BEEpoW&
If requkd, this Contract is of no force or effect until approved by the State Department of
Generalsedvices.
14. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
By signing this Contxact, Contxactor does swear under penalty of pezjury thatno mo= than
one final unappeasable finding of contempt of court by a f& court has been issued against (&&xtor within the immediately preceding two-year period because of Contractor’s failure to comply with an order of a fM court which orders Contractor to comply with an order of the National Labor Relations Board.
15. PRTJG-FRj?E WORKPLACI$
By signing this contract, the contractor hereby certifies under penalty of perjury under the
laws of the State of California that the contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Govemment Code Section 8350 et seq.) and will provide a drug-free workplace by @king the following actions:
1) publish a statement notifying employees that u.nlawfU ,manufhchue, distribution,
dispensation, possession, or use of a conM.led substance is prohibited and specifying actions to be taken against employees for vioIat@ns, 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 + of the following:
a) the dangers of drug abuse in the workpk;
b) the person’s or organization’s policy of maintaining a drug-free workplace;
cl any available axmseling, 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) b)
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 the-se requirements may result in suspension of payments under the
contract or termination of the contract or both and the contractor may be ineligible for
award of any future state contracts if the department determines that any of the following
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has occurred: (1) the contractor has made false certification, or (2) violates the certification
by failing to carry out the requirements as noted above.
16. A,NS WT’H DISAHIJTES 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 et, which prohibits
discriminati~ on the basis of disability, as well as all applicable regulations and guidelines
issued pursuant to the ADA.
17. CO-R AS A WSOET
Contractor may be asked to serve, no less than one and no more fhan three times per contract timeframe, as a liaison between tie CAC and the press, or other entities, to discuss
and .promote the work of the CAC and its programs, specifIcally the Exemplary Arts Education Program.
18. OLUI’ION OF DISPUTJZ!$
If Contractor disputes any action by the California Arts Council arising under or out of the pedorman~ of this contract, Contractor shall notify the CAC of the disp& in writing and. request a claims decision. The CAC shall issue a decision within 30 days of the .Contzxtor’s notice. If the Contractor disagrees with the CAC’s decision, the Contractor shall submit a fo@ claim to the Executive Director of the CAC or to the Executive
Director’s desigtiee.
The decision of the Executive Director or the Executive Director’s designee shall be final
and conclusive. The decision may encompass facts, intexpretations of the agreement, and determinations or applications of tiw. 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.
19. OTHER PROVISIONS .
The contractor is responsible for complying with all applicable local, State and/or Federal
laws associated with this contract.
20 CONFLICT OF INTEREST
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.
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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 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 sewces.
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.
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