HomeMy WebLinkAbout2002-12-10; City Council; 17000; Acceptance of Arts Council Touring GrantCITY OF CARLSBAD -AGENDA BILL
AB# 17,000 TITLE:
ACCEPTANCE OF CALIFORNIA ARTS COUNCIL MTG. 12--1O-O2 TOURING GRANT
DEPT. ARTS
RECOMMENDED ACTION:
Adopt Resolution No. 2002-351 accepting a touring grant from
the California Arts Council in the amount of $1,995.00.
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 2002/2003. This program complies with
the City Council goal "to enhance educational opportunities for a// segments of the
community. "
Golden Bough will be an artist-resident in the community from March 5 through March 7,
2003. The group will conduct workshops and lecture-demonstrations, as well as perform for
school assemblies and will present one full public performance.
FISCAL IMPACT:
The approximate total for this artist residence program is $4,200. The California Arts
Council has awarded the City of Carlsbad a grant in the amount of $1,995. The remainder
is budgeted in the Arts Office 2002/2003 budget. Staff requests the Finance Director be
authorized to appropriate $1,995 into the applicable State Grant account.
EXHIBITS:
1. Resolution No. 2002-351
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. 2002-351
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A CALIFORNIA ARTS COUNCIL TOURING
GRANT IN THE AMOUNT OF $1,995 AND APPROPRIATION OF FUNDS
FOR VISITING ARTIST GOLDEN BOUGH RESIDENCY.
WHEREAS, The California Arts Council provides partial funding for visiting artists and
I
has awarded the City of Carlsbad a touring grant in the amount of $1,995 for the following artist
group: Golden Bough; and
1
I
WHEREAS, The Arts Commission recommends that the City continue the visiting artists
program with support from the California Arts Council during FY 2002/2003; and
1
WHEREAS, This program complies with the City Council goal “to enhance educational 1
opportunities for all segments of the community. ”; and
WHEREAS, The approximate total for this artist residency program is $4,200. Additional
funds for this program are budgeted in the Arts Office 2002/2003 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
I
, follows:
1. That the above recitations are true and correct.
2. That the California Arts Council touring grant in the amount of $1,995.00 is accepted.
3. The Finance Director is hereby authorized to appropriate $1,995.00 in the applicable
State grant account.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council
of the City of Carlsbad, California, held on the lothday of December , 2002, by the
following vote, to wit:
AYES: Council Members Lewi
NOES: None -
ABSENT: None.
ATTEST: /
STATE Of’CALFORINIA I CONTRACTNUMBER
~ TR-02-Rl71 I AM.No STANDARD AGREEMENT ~ AmOmEY GENERAL APPROVED BY THE
STD. 2 (REV.5-91)
THIS AGREEMENT, made and entered into this July 1,2002
j TAXPAYERS FEDERAL. EMPLOYER IDENTIFICATION NUMBER 1
I j 95-6004793 I
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 , hereafter called the State, 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 hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor,
time for performance or completion, and attach plans and specifications, if any.)
Funding is provided for the engagement listed below in accordance with the attached Schedule of Agreement. Contractor shall fillfill the
requirements as a participant in the California Arts Council’s Performing Arts Tourinmesenting Program for fiscal year 2002-2003 as
described on the attached Schedule of Agreement.
Duration: July 1,2002 through June 30,2003
Total Amount Not To Exceed: $1,995.00
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 1 CONTRACTOR (vother than an individual, stale whether a coyoralion, partnership, elc.)
TITLE I ADDRESS 1200 Carlsbad Village Drive
1
Chief of Administrative Services Carlsbad CA 920081989
Department of General
Services Use Only
”
AMOUNT ENCUMBERED BY THIS DOCUMENT
PROGWCATEGORY (CODE AND TITLE) FUND TITLE
General Touring
(OPTIONAL USE) $1,995.00
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
$0.00
TOTAL AMOUNT ENCUMBERED TO
DATE
$1,995.00
ITEM
8260-101-0001
CHAPTER STATUTE FISCALYEAR
1379 102 1 02-03
OBJECT OF EXPENDITLIRE (CODE AND TITLE)
3401-706-25450
I hereby certify upon my own personal knowledge that budgeted funds IL 1 T.B.A.NO 1 B.R. NO I I ture-stated above. ~
CONTROLLER 0
CALIFORNIA ARTS COUNCIL
2002-03
ATTENTION
The Legislature has mandated that funds allocated in this program
support programs assisting economically disadvantaged children in
urban regions and programming in rural regions of California. You are
required to include in your final report information addressing how CAC
support enabled your organization to address this mandate.
Final reporting requirements are outlined in the accompanying
materials.
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD. 2 (REV.5-91) (REVERSE)
Standard Agreement No.
Page 2
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees
from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation furnishing or supplying work services,
materials or supplies in connection with the performance 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 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 officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perform the convenants 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.
5. Time is of the essence in this agreement.
6. No alteration or variation 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 the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel and per diem, unless
otherwise exDresslv so arovided.
91 61014
3
SCHEDULE OF AGREEMENT
Performing Arts Touring and Presenting Program Roster
2002-2003
*THIS CONTRACT IS NOT VALID UNTIL SIGNED BY THE STATE OF CALIFORNIA
AND CONTINGENT UPON ARTS COUNCIL APPROVAL.
Between California Arts Council (hereinafter called CAC) and the forenamed Contractor
for participation in the CAC's Performing Arts Touring and Presenting Program (PATP) for
Fiscal Year 2002-2003.
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, represented by the request for fee
support, and made a part of this contract.
2. The contractor must submit after completion of the artist's engagement with said
Contractor (1) A Presenter Post-Engagement Report Form, (2) a program or
example of published public@/promotion showing CAC support, (3) an invoice for
the fee support share 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 90 days after the contract completion date. Invoices received by the CAC
after the 90 days may not be paid by the CAC.
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 agreement funds available for
such purposes. CAC execution of this agreement shall in any case be dependent
upon the receipt of properly executed copies hereof by the Contractor. Contractor
understands the CAC Touring and Presenting Program provides reimbursement
for a portion of the artist's cash fee only. No other costs are allowable. Artist fees
must be paid in full at the time of the engagement. If Contractor fails to pay artist
fees in full at the time of the engagement or if Contractor cancels any
engagements funded through Performing Arts Touring and Presenting Programs,
funding for this current year and the subsequent year is subject to cancellation.
1
Copies of fully executed Artist-Presenter contracts and all other documentation
supporting each request for fee support must be received and approved by the
Touring Program staff before fee support will be provided by CAC.
The Contractor must notify Touring Program staff in writing of any changes in the
contract with the performing group or of any schedule changes. All such changes
shall be subject to the written approval of the CAC.
3. FRlAl S DFVFl OPFn UNnFR CONTRACT TFRW
The CAC does not claim ownership, copyrights, royalties or other claims to artwork
produced as a result of a CAC grant. However, the CAC resewes 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.
a. In order to further the CAC’s effort to brand the arts, the use of the CAC
logo is required on all printed matter (programs, catalogs, postcards, posters,
newsletters, leaflets, publications, etc). The contractor shall display the logo at a
size and dimension that assures their visibility and the viewers’ comprehension of
them.
b. The CAC requires that the Contractor use the CAC’s logo on printed
materials. The purpose of this language is to assist the CAC with increasing
public awareness of the CAC’s activities.
Arts Council
To download both the logo on the web, go to: wva”mwa.gm
Go to NAVIGATION
Go down to ONLINE LIBRARY
CLICK “CAC LOGO DOWNLOAD”
For assistance to download call Justin Lewis (916) 324-0075.
2
c. The CAC also requires that the Contractor use the California Arts License
Plate graphics on all relevant printed materials. The purpose of this language is to
assist the CAC with increasing public awareness of the California Arts License
Plate Program and its support for arts education in the schools.
To download the California Arts License Plate graphics off the web, go to: -
GO to NAVIGATION
Go down to ONLINE LIBRARY
CLICK "CAC LOGO DOWNLOAD"
For assistance to download call Justin Lewis (916) 324-0075.
b. If published, recorded or visual material [such as in a magazine, film,
video, book or brochure] espouses an editorial viewpoint, Contractor must
specify in the material that "ANY FINDINGS, OPINIONS, OR CONCLUSIONS
CONTAINED HEREIN ARE NOT NECESSARILY THOSE OF THE CALIFORNIA
ARTS COUNCIL."
During the performance of this Contract, Contractor and its subcontractors shall
not unlawfully discriminate, harass or allow 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 (Le. cancer), age (i.e. over 40), marital status, and denial of
family care 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 subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Government Code,
129900 et) and the applicable regulations promulgated thereunder (California
Code of Regutations, Title 2, 7285.0 et). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code, 12990
(a-9, 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
3
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.
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-9; and Title 2, CCR 8103.
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. FNT OF TRANSFFR
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. TERMlNATlON
a. It is mutually agreed that either party may cancel this Contract 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 contract may lead to the cancellation
of this contract.
IO. m-
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
4
11.
12.
13.
14.
the project, contractor shall make available for examination or audit any books,
documents, papers or records pertaining to the project, to the CAC. Upon request
by the CAC, the contractor shall furnish at its own expense, legible copies of
materials deem pertinent within 10 working days from receipt of the request.
In order to promote the arts and conduct an effective visibility campaign, the CAC
is in need of information on the contractor's activities, programs and events. This
information will be placed on the CAC website. During the contract period, and not
less than quarterly, the contractor shall furnish the CAC with a calendar of
upcoming programs and events. This information can be sent in as a brochure,
newsletter published calendar or printed program. Contractors that have their
'entire seasonal programs and activities promoted in one publication may submit
the season's brochure to meet the requirements of this section.
Additionally, the contractor will provide the CAC with quarterly attendance figures.
Send this information to the CAC's Communications Officer. An electronic file is
most desirable. Send to 3. If not available in
electronic form, please mail the materials to the CAC.
Contractor will furnish evaluation and expenditure reports relating to the project 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.
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 is entitled in any way to act or incur obligations on behalf of the
State.
If required, this Contract is of no force or effect until .approved by the State
Department of General Services.
TlONAl I AROR RFI ATIONS ROARD CFRTIFICATION
By signing this Contract, Contractor does swear under penalty of perjury that no
more than one final unappeasable finding of contempt of court by a federal court
has been issued against Contractor within the immediately preceding two-year
5
15.
period because of Contractor's failure to comply with an order of a federal court
which orders Contractor to comply with an order of the National Labor Relation
Board.
By signing this contract, the contractor or grantee hereby certifies under penalty of
perjury under the laws of the State of California that the contractor or grantee will
comply with the requirements of the Drug-Free Workplace Act of 1990
(Government Code Section 8350 et seq.) and will provide a drug-free workplace by
taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for violations, 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 all of the following:
a) The dangers of drug abuse in the workplace;
b) The person's or organization's policy of maintaining a drug-free workplace;
c) Any available counseling, rehabilitation and employees assistance
d) Penalties that may be imposed upon employees for drug abuse violations.
programs; and
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
who works on the proposed contract:
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 certification, or (2) violates the certification by failing to carry out the
requirements as noted above."
16. FRICANS WlTHSARll ITIFS 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
6
\'
prohibits discrimination on the basis of disability, as well as all applicable
regulations and guidelines issued pursuant to the ADA.
17. PFSOWTlQbl OF DlSPUTFS
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 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.
This Contract is valid and enforceable only if sufficient funds are made available to
the CAC by the State for the fiscal year 2002-2003 for the purposes of this
program.
The contractor shall certify in writing under penalty of perjury, the minimum, if
not, exact, percentage of recycled content, both post consumer waste and
secondary waste as defined in the Public Contract Code, Sections 12161 and
12200, in materials, goods, or supplies offered or products used in the
performance of this Agreement, regardless of whether the product meets the
required recycled product percentage as defined in the Public Contract Code,
Sections 12161 and 12200. Contractor may certify that the product contains
zero recycled content.
20. CO_NFI_ICTT,
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.
Current State Employees:
7
\a
I) 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 services.
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.
21.
22.
SUBSCRlPTlONS
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 contractor's responsibility to advertise to its arts organization
constituents how to subscribe to the Weekly CAC Update.
Instructions: On the Web, go to: WWW.C~C.C~.~OV
Go to NAVIGATION
Go to WEEKLY UPDATE
Click "Subscribe"
Contractor by signing this agreement hereby acknowledges the applicability of
8
\3
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 supervisors, 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.
9