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HomeMy WebLinkAbout2001-01-23; City Council; 16028; California Arts Council Touring Grant Acceptance1 CITY OF CARLSBAD - AGENDA BILL I A AB# [@&la, m: DEPT. HD. $3 ACCEPTANCE OF CALIFORNIA ARTS COUNCIL MTG. lJWO1 TOURING GRANT CITY ATTY. DEPT. ARTS CITY MGR RECOMMENDED ACTION: o()\’ 19 Adopt Resolution No. & accepting a touring grant from the California Arts Council in the amount of $2,100. ITEM EXPLANATION: The California Arts Council provides partial funding for visiting artists and has awarded the City of Carlsbad a touring grant for the following artist group: Golden Bough. The Arts Commission recommends that the City continue the visiting artists program with support from the California Arts Council during FY 2000/2001. This program complies with the City Council goal “to enhance educational opportunities for all segments of the community.” Golden Bough will be an artist-resident in the community from March 6 through March 8, 2001. The group will conduct workshops and lecture-demonstrations, as well as perform for school assemblies and will present one full public performance. The California Arts Council has provided support for a number of visiting artist programs in the past, including Make*A*Circus, Yaelisa and Solera Flamenco Dance Company and the Perla Batalla Ensemble. FISCAL IMPACT: The approximate total for this artist residency program is $5,000. The California Arts Council has awarded the City of Carlsbad a grant in the amount of $2,100. The remainder is budgeted in the Arts Office 2000/2001 budget. Staff requests the Finance Director be authorized to appropriate $2,100 into the applicable State Grant account. EXHIBITS: 1. Resolution No. am/ - /9 2. Contract 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 RESOLUTION NO 2001-19 *------- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A CALIFORNIA ARTS COUNCIL TOURING GRANT IN THE AMOUNT OF $2,100 AND APPROPRIATION OF FUNDS FOR VISITING ARTIST GOLDEN BOUGH RESIDENCY. WHEREAS, The California Arts Council provides partial funding for visiting artists and has awarded the City of Carlsbad a touring grant in the amount of $2,100 for the following artist group: Golden Bough; and WHEREAS, The Arts Commission recommends that the City continue the visiting artists program with support from the California Arts Council during FY 2000/2001; and WHEREAS, This program complies with the City Council goal “to enhance educational opportunities for all segments of the community.“; and WHEREAS, The approximate total for this artist residency program is $5,000. Additional funds for this program are budgeted in the Arts Office 2000/2001 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows:, 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 California Arts Council touring grant in the amount of $2,100.00 is accepted. 3. The Finance Director is hereby authorized to appropriate $2,100.00 in the applicable State grant account. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Cartsbad, California, held on the ??z+day of , 2001, by the January following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None ABSENT: None - STATR OF CALIFORNIA STANDARD AGREEMENT --;~o;~y~;~~L STD. 2 (REV%91) THlS AGREEMENT, made and entered into thi September 7,200O ~~~~~--~---‘-------] TAXPAYERS FBDBML EMPLGYBR IDENllFiCAllON NUMBER in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACMNG FOR STATR Chief of Administrative Services CONTRACTOR’S NAME AGENCY California Arts Council , hereafter called the State, and Carlsbad Arts Offke , hereafter 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 State services and materials as follows@~/o&r service lo be ran&r& by Contractor, amount 10 bcpaidCon~ac&-, &e/or performance w campletiota, and atlach plans and speciJicalions, iJany.) Funding is provided for the engagement’listed below in accordance with the attached Schedule of Agreement. Contmctor shall fullfill the requirements as a participant in the California Arts Council’s Performing Arts Touring/Presenting Program for fiscal year 2000-2001 as described on the attached Schedule of Agreement. Duration: October I,2000 through June 30,200I Total amount not to exceed: $2,100 Engagement: Golden Bough CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER . . . . . . . . . ..-....-..--.. ___-_-_ _--- _ .._._ _ -----. ---_- . . ..-..-.-_ _ ..__ _ ..-._-.._ _.-____-.- ..___. ____-_.-_-.- ____ - .----.- ___ --.-. _..-_.-.._ . . .._. _._.--._..__ .-.--.. -_.-- -.--...--..-..-..-.-- ___-_.-_ -..-_ -_- _-.-.-.- _._.- .__. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE .OF CALIFORNIA CONTRACtOR AGENCY CONTRACTOR (ifother than an individual state whether II co~r@ion. pmtnemhip, etc.) California Arts Council Carlshad Arts Office OIUZED SIGNA CA 92(H181989 .___ _._-_ -_.-._..... - .-._....._.. - -.-. -- Department of General Services Use Only PRIOR AMOUNT ENCUMBERED FOR MIS coNlRAcr __._.__._ - .__- __._- . . . . - ___._ -- E (CODE AND TITLE) jm 1 2ooo ---- / CONTRACTOK 0 DEPT GFGEN. SER. -n CONTKOLLER I7 .--I____--__ _. _~___. - --.-.. -- --- - -_.---- -_____.. __ !i iA:E oc CAL!I 04hlA STANDARD AGREEMENT - sm. 3 (REV. 5.01) (RFVFRSE) 1. The Contrtlctor agrees to indemnify, defend and save harmless the State, its olficers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, ma~crialmen, laborers and any olhcr person, lirm or corporation furnishing or supplying work services, materials or supplies in connection with the performunce of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this conlract. ‘2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreementand be relieved of the payment ofanyconsideration to Contractor should Contractor f;ril to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this 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 in whole or in part. I. Time is of’lhe essence in this agreement. 6. No alteration or varintion of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein. shall be binding on any OF lhe parties hereto. 7. The consideration to be paid Contractor, 3s provided herein, shall be in compensation fur all of Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. SCHEDULE OF AGREEMENT Performing Arts Touring and Presenting Program Roster 2ooo-2001 *THIS CONTRACT IS NOT VALID UNTIL SIGNED BY THE STATE OF CALIFORNIA AND CONTINGENT UPON COUNCIL APPROVAL. Between California Arts Council (hereinafter called CAC) and the forenamed Contractor for participation in the CAC’s Performing Arts Touring and Presenting (PATP) Program for Fiscal Year2000-2001. The Contractor does hereby agree to furnish to CAC the following services (l-4): 1. Under the terms of the CAC-PATP to enter into contract for the engagement(s) as listed on the front of the Standard Agreement and made a part of this contract. 2. The contractor must submit after completion of the artist’s engagement with said contractor (1) A Post Engagement Report Form, (2) a program or example of published publicity/ promotion showing CAC support, .(3) an invoice for the fee support sham of the artist’s fee. Total payment for any single engagement will be withheld until submission and CAC approval of all required documentation. The NEA Survey must be submitted with the final invoice before payment is released. The contractor is to submit all invoices for reimbursement to the CAC within 60 days after the contract completion date. Invoices received by the CAC after the 60 days may not be paid by the CAC. 3. To include in ALL programs and published materials related to the CAC-PATP engagement, this credit line: “THIS ENGAGEMENT IS SUPPORTED, IN PART, WITH FUNDS PROVIDED BY THE CALIFORNIA ARTS COUNCIL, A STATE AGENCY.” The CAC encourages Contractor to use the California Arts License Plate graphic and text on printed materials, in conjunction with the language required above, if appropriate, to assist CAC with increasing public awareness of the California Arts Council License Plate Program. 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. 4. The CAC is only obligated for its share mentioned above to the extent that it receives funds approved for such purposes during the terms of this agreement. Notwithstanding any other provision of this agreement to the contrary, the discharge of any financial obligation of the CAC hereunder shall be deferred by the CAC until such time as it has received during this 1 ’ Code 1299o(a-f); and Title 2, CAR 8103. 9. EXAMINATION AND AUDIT Contractor shah 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. (SAM 1225.2.a) 10. ASSIGNMENT OR TRANSFER No part of the project relating to this grant shah be assigned, sublet, or transferred, in whole or in part, without the prior,written concurrence of the California Arts Council staff. 11. TERMINATION ; 1. .;. -I . It is mutually agreed that either party may cancel this Contract by giving 30 calendar days advance written notice. ‘,.,‘. 1’ 4 The CAC has the right to require Contractor to stop or suspend work by 30 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. 12. ?ZOST RECORDS ,, , ‘.’ I:. :. ‘. : 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 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 MARE AVAILABLE FOR EXAMINATION OR AUDIT ANY BOORS, DOCUMENTS, PAPERS OR RECORDS PERTAINING TO THE PROJECI’, 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. 13. EVALUATION AND EXPENDITURE REPORTS Contractor agrees to furnish at such times 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. 3 . . ’ 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, b) will agree to abide by the terms of the company’s statement as a condition of employment on this 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 may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1) the contractor has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 18. 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 of the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 19. RESOLUTION OF DISPUTES If Contractor disputes any action by the CAC arising under or out of the performance of this contract, Contractot shall notify the CAC of the dispute in writing and &quest 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 final 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. 20. FUNDING CONTINGENCY This Contract is valid and enforceable only if sufficient funds are made available to the CAC by the State for the Fiscal 2000-2001 for the purposes of roster fee support in the Performing Arts Touring and Presenting Program Program. 5 ?