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HomeMy WebLinkAbout2001-02-13; City Council; 16042; Approve California Arts Council Grantf4 ? CITY OF CARLSBAD - AGENDA BILL p AB# tb,oqa m: DEPT. HD. APPROVAL OF CALIFORNIA ARTS COUNCIL MTG. 02/l 3/01 GRANT AND APPROPRIATION OF FUNDS Gs CITY ATTY. DEPT. ARTS CITY YGRi RECOMMENDED ACTION: City Council adopt Resolution No. da j-31 approving the acceptance of a California Arts Council grant in the amount of $29,000 that supplements the joint arts education program of the City and the Encinitas Union School District and appropriating $29,000. ITEM EXPLANATION: The Carlsbad Arts Office applied for the second year Local Arts Education Grant (LAEP) from the California Arts Council in partnership with the Encinitas Union School District (EUSD). To implement one of City Council’s goals, “to enhance educational opportunities for all segments of the community,” this grant provides partial funding for the Arts Education Coordinator, artists in the classroom and teacher development training in arts education. This is the second year of a three-year grant. The Arts Office received this same three-year grant to work in partnership with the Carlsbad Unified School District. The former CUSD grant and the subsequent grant with EUSD are considered model partnerships in the State of California. The Encinitas Arts Commission is also participating and will provide services to the schools within the Encinitas City limits. FISCAL IMPACT: The lAEP grant requires matching funds of $30,000. The Encinitas Union School District will provide $20,000 of the match, and $10,000 is in the 2000/200 I Arts Office budget that includes staff salaries and performing artists in the community. Staff requests the Finance Director be authorized to appropriate $29,000 into the designated State Grant account for expenditures as described above. EXHIBITS: I. Resolution No. do0 I-31. 2. Contract with the California Arts Council. 3. Encinitas Union School District grant application approval. 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. 2001-31 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 the second year of a three year Local Arts Education Partnership Grant of $29,000 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 Local Arts Education Partnership grant in the amount of $29,000 from the California Arts Council is hereby accepted. 3. The Finance Director is hereby authorized to appropriate $29,000 to the designated grant account for arts education expenditures. PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the City of Carlsbad, California, held on the 13ttiay of mY , 200 I, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. NOES: None ABSENT: None STD:2 (REV.S-91) I- I TAXPAYERS FEDERAL EMPLOYER HJENTlFlCAT?ON NUMBER THIS AGREEMENT, made and entered into thi July 1,200O 95-6004793 STATE OF C&.IFfRINtA STANDARD AGREEMENT - - ;Fo;ryy$E& CONTRACT NUMBER 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 Chief of Administrative Services AGENCY California Arts Council , hereafter called the Statk, and CONTRACTOR’S NAME City of Carlsbad , hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hcrcinafier expressed, does hereby agree to furnish to the State services and materials 8s followySef/orth service to be rendered by Contractor, amount to bepaidConlroctor, time for per/ormance or complefion, and attach plans and speciJications, i/any.) Contractor, as a participant in the California Arts Council’s Local Arts Education Partnership Program for 2000-2001 shall adhere to the attached Schedule of Agreement with Exhibit A attached and made a part of this agreement. Duration: August 1, 2000 through July 3 1,200l Total amount not to exceed: $29,000 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 California Arts Council CONTIUCTOR (if other than an individual, statr whether a corporation. pottnemhip, sic.) City of Carlsbad PRINTED NAME OF PERSON SIGNING Alan T. Smith dINTED NAME AND TITLE OF PERSON SIGNING ,=%9X O~?ti!&~ Assr. cry rnr)~lito~~~ TITLE Chief of Administrative SW vi AMOUNT ENCUMBERED BY IlilS DOCUMENT $29,000.00 PRIOR AMOUNT ENCUMBERED FORTH.5 coNTRAcT $0.00 TOTAL AMOUNr ENCUMBERED To DATE CCS PROGRAM/CATEGORY (CODE ANDTITLE) LAEP (OFTlONAL USE) ITEM CHAPTER STATUIT FISCAL YEAR \ ;]‘i, l.;{(.,fl’ ““; csJq~li.‘l:‘c: ! 8260-101-0078 ; :, L, \l,, -:!:Tl;.-i ’ .,‘:iEi ___. - ._______..__..... . . . ..__.........._.... - . ..__._.......__ 5% 00 OBJECT OF BXPENDIIURE (CODE AND TlTLE) : I i,: II %29.OOU.O0 J 3501-706-10800 -J ADDRESS 1200 Carlsbad Village Drive Csrlshad CA 920081989 FUNDTITLE Department of General Liccnsc Plate Services Use Only . : _, .., t i i .,’ i : . . ’ hereby certify upon my own personel knowledge that budgeted funds T.B A. NO lj,iqi’r,$: -i ” .’ we available for the period and purpose of the expenditure stated above. .-___ . ..______.____.._~ RE 01’ ACCO ‘ING OI’FICER ._..MsA--- C~C~N~.RACTOR --~~~I1’.AGI;~CY----~---- ~~~~ ---- ___~~~~ Illil’T. OF GEN SliR n CONTROI.I.l~II n __~ -.-..- . _~~~ ..___ ~-.-.---~ ~.. ~~~- .~ ~~.-. .~ --. STATE OF CALltORNlA SjiANDARD AGREEMEN? STD. 2 (REV. SW) (RFViRSE) 1. ‘The (Jontructorqyees toindenlnify,dcfend andsavel~arn~lesstheState.i~off~cers,aguntsandemployee~ f’rom any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, Isborers and any other person, firm or corporation furnishing or supplying work services, maMi;tls or supplies in connection with the performance of this contract, and from tiny 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 contract. 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 ol’licers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment ofanyconsidcration tocontractor should Contractor fail 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 tbe State. The cost to the State shall be deducted from any sum due .lhc Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Wilhuut the written consent of the State. this agreement is not assignable by Contractor either in whole or in plrrt, 5. Tiac is of the essence in this agreement. 6. No altera(ion or variation of the terms of this contract shall be valid unless made in writing and signed by the parlies hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor’s eqenses incurred in the perftrrmance hereof. including travel and per diem, unless othcrwisc cupressly so provided. SCHEDULE OF AGREEMENT Local Arts Education Partnership Program for 2000-2001 *THIS CONTRACT IS NOT VALID UNTIL SIGNED BY THE STATE OF CALIFORNIA. Between California Arts Council (hereinaftercalled CAC) and the forenamed Contractor for participation in CAC’s Local Arts Education Partnership Program for Fiscal Year 2000~2001. 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 satisfactorjl 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 totahng 25 percent of the contract amount may be made upon approval of the contract and submission of invoice number CAC-308, “Invoice for Advance 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 Final Evaluation Report. Invoices will be submitted to the CAC not more than once a month. All supporting documentation will be retained by the contractor and not submitted - with the invoice unless specifically requested in writing by CAC staff. 1 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. Contractor agrees to all audits that the CAC may require concerning the performance of this contract. Contractor agrees to return all funds that are determined to have been expended on ineligible expenditures or to 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 disqualification from future funding consideration by the CAC. b. Budget changes shall be allowed within Personnel Expense category, but may not increase or decrease a specified line item by more than 10 percent, providing that there is a &esponding increase or decrease in another line item within the Personnel Expense i 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 @crating/Production Expenses categories. c. Invoicing for an advance and/or progress payments are to be completed by the Contractor in accordance with the invoicing instructions. I 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 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 Contractor. All 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. 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 partial 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 Con&t shall include a st&ement made to the effect that “THIS PROJECT IS FUNDED IN PART BY THE CALIFORNIA ARTS COUNCIL, A STATE AGENCY, THROUGH THE LGCAL 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 para&aph, 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 unlawfully discriminate, harass or aliow 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 treament 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, 129900 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 labor organiza%%s with 6hich 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 6. EXAMINATION AND AUDIT Conk&or 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. 8. 9. ASSIGNMENT OF TRANSFER No part of the project relating to this grant shall be assigned, sublet, or transferred, in whole or in part, without the prior written cmmmnce of the California Arts Council. TERMINATION It is mutually agreed that either party may cancel this Contract by giving 3CkaIendar days advance written notice. The CAC has the right to require Contractor to stop or suspend work by giving 304endar 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 remaining under this contract, COSTRJZCORDS 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 MAKE AVAILABLE FOR EXAMINATION OR AUDIT ANY BOOKS, DOCUMENTS, PAPERS OR RECORDS PERT&Z;?=- 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 - Ip 1 c ? A n c . exempted, complied with the nondiscrimination program requirements of Government Code 12990 (a-f); and Title 2, CCR 8103. 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 . L ’ : 1 , ~, “’ c ll. INDEPENDENT CONTRACTOti ,.-. _’ I’ .i. 1 “f Contractor shall not repreSent to any person, foundation,, group, dg&ization or govemment entity, wheher employed by it or not, that it is.xting as an .agent for the State or that it is entitled i&xqy way to act or incur ?blig&ons on behalf of the State. 12. hNAL’APP~OVAL , ’ it:’ If required: this Contract is df no force or effect until approved by the State Department of General Services. : _: I * . 13. ,. NATIONAL LABOR RELATIONS BOARD CERTIFICATION , i \ j I’ < :;:.i. r (., ” By signin% &is Contract, Contractor &e~.%&ar under penalty of perjury &at %more than one final unappeasable finding of contenipt of court by a federal court !ias been issued against Contractor within the immediately precediig‘ &h-year p&od because of Contractor’s failure to comply with an order of a federal court which orders ,&n&actor to comply with an order of the National Labor Relation Board. ’ i 14. ‘D&JG-F&E WOh’LACE ’ : ! ,$,‘,.s:-. ‘, I) . ., .&*i;i ,‘-,: .:‘,a i ~I ., 1) I >I By si& this c&t&t, the contract& or’grhee hereby c&ifies under pe&y of per$.uy under the laws of the Sti bf California hat the contractor or’grantee @l Comply with the requirements of the Drug-Free Workphe Act of 1990 (Govemmen~,Code ‘Section 8350 et seq.) and will provide a drug&free workplace by taking $e following actions: 1 publish a ;. ’ 1) t3atemkt xhi~ing’ krnployces that’ unlawful ma.&hcture, htribution, dispensation, possession, oi use of a controlled sub-e is prohibited and specifying actions to be taken against employees for violations,. as required by Government Code Section 8355(a). .I 2) Establish a Drug-Free Awareness Program as qji* by Government Code Section 8355(b) to inform employees about all of the following: a) the dangers of drug abuse in &e worlqhce; 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), @at every employee who works on the proposed cpntract: 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 statenmt 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 future state contracts if the department determines that any of the following has occurred: (1) the contractor or grantee has made false ce@kation, or (2) violates the certification by failing to carry out the requirements as noted above. ” 15. AlvIERICANS WITH DISABILITIES ACI’ 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 notify 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 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. 17. FUNDING CONTINGENCY This Contract is valid and enforceable only if sufficient funds are made available to the CAC by the State for the Fiscal Year 2000-2001 for the purposes of the Local Arts Education Partnership Program. 6 #.m *A -2 CARLSBAD ARTS OFFICE UNION SCHOOL DISTRICT . . . Together Helping ChfMren to Reach jot- the Stars.... February 24,200O To whom it may concern, Following is an excerpt from the Board of Trustees meeting of January II, 2000: “Moved by Member Cathy Regan, seconded by Member Bill Parker, the Board of Trustees unanimously approved the submission of an Implementation Grant for the Local Arts Education Partnership Program.” Sincerely, Elizabeth A. Wallace Executive Assistant to the Superintendent ew Board of Trustees Shannon Kuder William Parker Cathy Regan Carol SkIllan Marla Slnch Superintendent Douglas P. DeVore. Ed.D. Assistant Superintendents Bonita Drolet, Ed.D. Dannlel Grider. Ed.D. Educabonal Sewtces Admtnlstralwe Sewces Chief Financial Officer Sharon R South 101 S Rancho Santa Fe Road, Enclnitas. CA 9’2024.4349 Phone (760) 944-4300 FAX (760) 942-7094 www eusd k 12 r:a us