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HomeMy WebLinkAbout2002-06-04; City Council; 16770; Approval of California Arts Council GrantAB# 16,770 MTG. 06/04/02 DEPT. ARTS CITY OF CARLSBAD - AGENDA BILL -I TITLE: APPROVAL OF CALIFORNIA ARTS COUNCIL GRANT AND APPROPRIATION OF FUNDS CITY ATTY. I CITYMGR % RECOMMENDED ACTION: City Council adopt Resolution No. 2002-156 approving the acceptance of a California Arts Council grant in the amount of $20,000 that supplements the joint arts education program $20,000. between the City and the Encinitas Union School District and authorizing the appropriation of 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 were considered exemplary statewide and were funded. These funds will support the ongoing joint arts education partnership with the Encinitas Union School District. The funds will provide artists in the classroom, guest artists, professional development for teachers and evaluation of arts education. The grant ends December 3 I, 2002. 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. 2002-156 . 2. Contract with the 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ARTS COUNCIL GRANT AND APPROPRIATING FUNDS OF CARLSBAD, CALIFORNIA, ACCEPTING A CALIFORNIA WHEREAS, because of the ranking of previous grant applications, the Carlsbad Arts Office has been awarded an 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 to provide artists in the classroom, guest artists, professional development for teachers and evaluation of arts education. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 2. That the Exemplary Arts Education grant in the amount of $20,000 from the I. That the above recitations are true and correct. 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 4th day of JUNE ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall NOES None ABSENT None ATTEST hh7- M. WOOD, City Clerk STANDARD AGREEMENT - APPROVED BY THE ATTORNEY GENERAL STD Z,(REV.Jdl) i ~.~ CONTRACTNUMBER EA41473 T~XP~YERSFEDE~LEMPWYERlOEKmlCAllONNUMBER THIS AGREEMENT, made and entered into thi June 6th, 2001 in the Stale ofCalifornia, by and behveen Slate ofCalifornia, through its duly clcctcd or appointed, qualified and acting Chief of Administrative Services 1 California Arts Council , hcrcafter called lhc Slalc. and WCarlsbad Arts Ofice . hcrcahr called lhc Contractor. 1 95-6004793 I ~ TIlU OF OFFICER ACTING FOR STATE _ ~~~ . ~...~.~..~~~~~~ ~ ~~~ ~ ~~ ~~~~~~~ AGENCY ~~ CONTRACTORS NAME WITNESSETH That lhc Contractor for and in considcralion of lhc covenants, conditions, agrccmcnls. and stipulations of thc Statc hcrcinakr expressed, docs hcrcby agre to furnish to 1hc Statc scrvies and malcrials as follows: (Setfortll service IO be rendered by Conrracror. anlounl lo bepaid Confractor. Iime/orpefomtance or complelion. and attach plans and specijcalions. fany.) Contractor, as a participant in the California Arts Council's Exemplary Arts Education Program for fiscal year 2001-2002 shall adhere to the attached Schedule of Agreement with Exhibit A Project Description and Budget attached thereto. Duration: December I, 2001 through December 30,2002 Total amount not to exceed $20,000 CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. __ ~ .... ~ ~..~ ...""...." ~ Thc provisions on the rcvcrsc side hcrwf constitute a part of this agrement. IN WITNESS WIGREOF, this agrccmcnt has ban cxcculcd by lhc parlies hcrclo, upon thc dalc first abovc written STATE OF CALIFORNIA CONTRACTOR j AGENCY CONTRACTOR (((olher than an individual. state whdhrra solpardioe pmtnnhip. *IC) 1 I California Arts Council Carlsbad Arts Office BY ORUEDSIGNA ' i PRlNnD NAMZ OF PERSON SIGNING P tm NAME AND TlnE OF PERSON SIGNING Alan T. Smith ALXP~S 1200 Cnrlsbad Village Drive i TITLE Wu< tnm.uwNAJ: RSSI~WT CITW numud EAEP Chief of Administrative Services AMOWENCUMBERED BY~E Cnrlrbsd ~UMBKT PRWWIMICAT€MRY(CODI: ANDTITLE) NNO1TTLE General $2°7000 (OmONALUSEl ______ " " . . -. .. .. .. I, PR;rMRY(CODI: ANOTITLLI Chief of Administrative Services ~UMBKT NNO1TTLE AMOWENCUMBERED BY~E Cnrlrbsd General ______ .. .. CA 920081989 j Departmen1 of General Services Use Only I. TheC~rntract~r~agreesttoind~mnif~.dcfendandsavel~arn~lesstheSt~te.itso~cers,a~ents;~ndemployees Srnm :In? and all claims and Insses accruing or resulting to any and all contractors, subcnntractors, materi:llmen. laborers and ony other person, firm nr corporation furnishing wsupplying work services, materialrw supplies in connection with lhe performance~~ftl~iscontract,and from any and allclaimsand 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 lhe agreement,shall act in an independent capacity and not as olXccrs or employees or agents of State of California. 3. TheSlate may terminate thisagreementand be relieved ofthe payment ofany consideration IoContractor shonld Contractor fail to perform the covenantc herein contained at the lime and in the manner herein provided. In the event of such termination the Slate may proceed with the work in any manner deemed proper by the State. The cost to the Stale sl~all 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\vritten cnnsent of the State. this agreement is not assignable by Contractor either in whole or in part. 5. Tinlc is of the essence in this agreement. 6. No altcralicrn or variation of the terms of this contract shall be valid unless made in writing and signed by any of the partirs hereto. the parties hereto, and no.ora1 understanding or agreement nnt incorporated herein. shall be binding on 7. Thc considcr;hm la be paid Contractnr, as provided herein, shall be in compcnsation for all of Conlractor‘s expenses incurred in the performance hereof. inclnding travel and pcr diem. unless olhcrvisc expressly so pruvided. SCHEDULE OF AGREEMENT Exemplary Aas Bducation Program for 200142 Within 826@101MK)l(a) 05 Arts in Education *THIS CONTRACT IS NOT VALID UNTIL SIGNED BY THE STATE OF CALIFORNIA. Behveen California Arts Council (hereinafter-called CAC) and the forenamed Contractor for participation in CAC’s Exemplary Arts Education Program for fiscal year 2001-02. 1. STATEMENT OF WORK Contractor agrees to perform and carry out all services and activitia 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 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. 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. 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 contract will be paid in arrears. Invoices will be submitted to the CAC not more than once a month. The final 10% of the total contract amount will be withheld until submission of the National Endowment for the Arts Survey. (NEA Survey) All supporting documentation will be retained by the contractor and submitted’ with the invoice unless specifilly requested in writing by CAC staff. The contractor is to submit all invoices for reimbursement to the CAC within 90 1 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 subconhactors 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 bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code 12990 (a-f); and Title 2, CCR 8103. I. EXAMINATION AND AUDlT 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. 8. ASSIGNMENT OF TRANSFER No part of the project relating to thii grant shall be assigned, sub-let, or transferred, in whole or in part, without the prior written concurrence of the Caliiomia Arts Council. a. It is mutually agreed that either party may cancel this Conhact by giving 30- calendar days advance written notice. b. The CAC has the right to require Contractor to stop or suspend work by giving 30- 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 remaining under this contract. c. Failure to comply with the terms of this conlract may lead to the cancellation of this contract. 10. COST RECORDS 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 5 7 2) Establish a Drug-Free -Awareness, Program as required by Government Code Section 8355@) to inform employees about all of the following: a) the dangers of drug abuse in the workpb, b) the person's or organization's policy of maintaining a drug-free work@ace; c) 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 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 who works on the proposed contract: empIoyment 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 certitication, or (2) violates the certification by failing to carry out the requirements as noted above." 16. 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, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 17. RESOLUTION OF DISPUTES If Contractor disputes any action by the CAC 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 design= 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. 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. 21. SUBSCRIPTIONS All Contractors will be required to subscribe to the Weekly CAC Update (including all members of the staff and board of directors, where applicable). In addition, it will be the grantee's responsibility to advertise to its arts organization constituents how to subscribe to the CAC ListServ. Instructions: On the Web, go to: www.cac.ca.eov Click "Arts Council Weekly Update Information" Click "Subscribe" 22. UNION ORGANIZING Contractor by signing this agreement hereby acknowledges the applicabiiity of Government Code Section 16645 through Section 16649 to this agreement. (1) Contractor will not assist, promote or deter union organizing by employees performing work on a state service contract, including a public works contract. (2) No state funds received under this agreement will be used to assist, promote or deter union organizing. (3) Contractor will not, for any business conducted under this agreement, use any state property to hold meetings with employees or supeMsors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the state property is equally available to the general public for holding meetings. (4) If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and that Contractor shall provide those records to the Attorney General upon request. (5) No state funds disbursed by this grant will be used to assist, promote or deter union organizing. 23. REOUlRED ATTENDANCE The contractor will be required to attend a designated conference as a condition of this award. Scholarship funds will be provided to the contractor based on financial need and to be used for conference registration, travel, per diem andlor lodging. 9 4 PROJECT DESCRIPTION NO MORE THAN 3S WOW ~ The Exemplary Arts Education Partnership funding will continue to support ~ 1. Creating new community arts partnerships the arts education efforts by value added in: 2. Developing school leadership 3. Increasing behavorial changes in students focusing on self-value 4. Leveraging increased school resource8 5. Improving the partnership’s internal organizational capabilities to better fit with the schools. BUDGET CAC PaOMd~EXPUUC (hC8OCY NCW Job Ti Rateof Pay Award Lie Items. I. .Adistic - Salaries . classroom artists- $40/hr f 3,600 ” performinz/euest 0 artists 5 9,100 2. Administrative - Salaries 0- $1.000 0 0 Subtotal 5 1,000 3. Technical - Salarier Subtotal 4. Total Personnel Expcnru (Add 1 + 1 + 3 from above) 0 substitute teachera $45/hr 5’ 3.960 gutside Drof-1 svcs 2,240 Drofessionale- 2.700 0 S 8.900