HomeMy WebLinkAboutCC Resolution 8343 (Falkirk Cultural Center)RESOLUTION NO. 8 3 4 3
A RESOLUTION AUTHORIZING THE SIGNING
OF A CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of the City
of San Rafael, a contract, lease or agreement with
California Arts Council a grant of $1.528 for each of two years for Falkirk Cultural
Center. City of San Rafael: 1990-91 and 1991-92
a copy of which is hereby attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a
REGULAR meeting of the City Council of said City held on TUESDAY the
NINETEENTH , day of b , 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS : Boro, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS: Breiner
JEA&W, M. LEONCINI, City Clerk
BY THE
STANDARD AGREEMENT � TTORNEDY GENERAL El—.-- .CT —
STATE OF CALIFORNIA ❑ DEPT. OF GEN. SER.
STD. 2A (REV. 2/BS)
❑ CONTROLLER
THIS AGREEMENT, made and entered into this 4th date ofSeptember , 1990, ❑
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 AGENCY hereafter called the State, and CONTRACT NUMBER IAM. NO.
Director California Arts Council OSO-182
hereafter called the Contractor. CONTRACTOR'S I.D. NUMBER
FALKIRK CULTURAL CENTER, CITY OF SAN RAFAEL MHO -222
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.)
Contractor, as a participant in the California Arts Council's
Organizational Support Program for fiscal year 1990-91 shall adhere
to the attached Schedule of Agreement with exhibits attached thereto.
Payee: See Contractor and Address below
From: OCTOBER 01, 1990 To: SEPTEMBER 30, 1991
Total to be paid: $1,528
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
AGENCY
California Arts Council
BY (AUTHORIZED SIGNATURE)
X
PRINTED NAME OF PERSON SIGNING
Robert H. Reid
TITLE
Director
CONTRACTOR
CONTRACTOR (IF OTHER THAN AN INDIVIDUAL. STATE WHETHER A CORPORATION.
PARTNERSHIP. ETC.)
FALKIRK CLLMK CENTER , CITY OF SAN RAFAEL
BY (AUTHORIZED SIGNATURE)
X ATTEST:
PRINTED NAME AND TITLE OF PERSON SIGNING Jeanne M. L eo n c i n i
MAYOR LAWRENCE E. MULRYAN City Clerk
ADDRESS P.O, BOX ce
1488 MISSION AVEMIE
AMOUNT ENCUMBERED PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE
S 1} 528 Organizational Grants -04 SENERX
UNENCUMBERED BALANCE (OPTIONAL USE)
$ LOCAL ASSISTANCE
ADJ. INCREASING ENCUMBRANCE ITEM —1011 CHAPTER STATUTE FISCAL YEAR
$ 467 98 90-91
ADJ. DECREASING ENCUMBRANCE OBJECT OF EXPENDITURE (CODE AND TITLE)
$ 3M 781 72188 $11528
1 hereby certify upon my own personal knowledge that budgeted funds are I T.B.A. NO. I B.R. NO.
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
X
I hereby certify that all conditions for exemption set forth in State Administrative Manual Section 1209 have
been complied with and this document is exempt from review by the Department of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE
X
SAN RAFAEL CA 94915
Department of General Services
Use Only
REVfSED BUDGE'I* Applicant Name FALY 'K CULTURAL CENTER
Exhibit A
27. Proposal Summary - in 35 words or less,
describe activities you wish funded.
This revised project funds outreach activities which focus the first year
on a multi—cultural celebration: Falkirk Showcase of Designers and Performer:
Funding supports a newsletter, announcements, photodocumentations and
payments to artists and press agents.
Exhibit B
28. Request Budget -
A. Pa(sonnel BUDGET Arts Council C. Your
(Maich, C., must be dollar -for -dollar) # Job Title Rate of Pay Grant Cash Alatch
Artistic 1 Graphic Artists $300 @ item 373 374
2 Artist Honorarium
k Jmini stra live
Technical & Production
Outside Fees/Services, Artistic:
Outside Fees/Services, Other:
o Opurating Expenses
Space Rental
Equipment Rental
rravef (in-state)
Supplies
Other Operating Expenses (specify)
3 Photoqrapher
$100 @ event inn 199
$75 P/h 252 252
Total Personnel 725 726
CAC Request Your MaIcn
Arts Council Your
Where applicable, list rate of expense Grant Cash Match
4 Printing/Marketing 803 934
Total Expenses 803 934
Grand Total $1.528 $1,660
CAC Request Your Match
SCHEDULE OF AGREEMENT
(Organizational Support P.r.ngr.am)
Mid -Size Budget Organizations
Between California Arts Council (hereinafter called CAC) and the
.forenamed Contractor for participation in CAC's Organizational
Support Program for fiscal year 1990-91.
1. Contractor hereby agrees to perform and carry out all ser-
vi.cPs and activities specified in Project Description attached
hereto and made a part of this contract, in a timely manner
within the dates specified on the Standard Agreement. Contractor
shall abide by the CAC's Organizational Support Program guide-
lines, restrictions and regulations for the year in which the
contract was issued.
a) Any changes of project description, sites, budget
(except as described in 2c) and program design or format
must be requested in writing by the Contractor and must
receive the written approval of CAC's Organizational Support
Program Administrator before Contractor implements any such
changes. Changes in dates of contract, contract amount and
contract name require contract amendments. All changt-s must
be requested prior to the end of the contract period.
2. In consideration for the satisfactory performance of services
specified herein, CAC agrees to pay Contractor a sum not to exceed
the total amount shown on the Standard Agreement, for items as
listed on Budget attached hereto and incorporated herein.
Contractor shall match this sum dollar for dollar as indicated in
Budget Contractor must document the matching expenditures in the
same manner as documentation is made for grant contract
expenditures. Contractor will not be reimbursed for matching
expenditures.
A) Payment shall be made in arrears, for services rendered
and/or goods or services purchased, pursuant to an invoice
submitted. to CAC on a monthly or quarterly basis to which
is attached documentary evidence of expenditures upon which
the claim for payment is based. Requests for payment must
be submitted on CAC forms and follow the CAC Invoicing
Instructions. Advance payments for 259 of the contract amount
may be made upon approval of the contract and the submission
of an invoice. Invoices and the required documentary evidence
for this amount and match shall be submitted before additional
invoices are paid. Advances may not be requested after the
contract end date. Contractor shall be liable to repay any
-1-
undocumented advances. Failure to provide documentation of
expenditures for advance amounts shall also be considered
rause for disqualification from future funding conGid oration
by the Arts Council.
R) Invoices may be submitted with documentary evidence of
obligations incurred by Contractor prior to actual payment
by Contractor; however, payment will not be issued by the
State until after due date of obligation. Documents must
describe the nature of the obligation, the dates of occur-
rence and the cost thereof. Contractor shall be required
to show evidence of timely payment of these obligations. Con-
tractor shall not accept reimbursement from the CAC prior to
Contractor's payment of these expenses, except in the case
of an advance payment as described above in Section 2.a.
In the event that, after the CAC has received an invo.i.r-e
which contains a claim for payment under this provisinn 2b,
the goods delivered or services performed for the Contractor
are defective or unsatisfactory in any way that adversely
affects the proper operation of the project, or in the event
that goods and services so invoiced are not delivered or
performed, it shall be the Contractor's obligation to supply
the project with suitable goods or services of the same type
by procuring same with monies and/or resources other than
CAC funds.
FINAL INVOICE MUST BE POSTMARKED WITHIN 90 DAYS OF THE ENDING,
DATE OF THE CONTRACT.
C) Contractor is hereby authorized to .raise the total sum
indicated for any given item listed in Exhibit B, Budget, by
not more than twenty-five (25%) percent of said item: There
mi.ist be a corresponding decrease in another budges: item (s ) to
offset any increase. CAC shall disallow payment on any claim
in excess of the amount stated in Exhibit B for that item plus
'twenty-five (25) percent.
Budget charges shall not be interchangeabJ.e between Salary
categories and Operational categories. Salary line items
may be altered by not more than 259 within the Salary subtotal
only. Operational line items may be altered by not more than
25% percent within the operational subtotal only. Contractor
may request in writing to 1) increase any item more than 25%,
2) move dollars between Salary and Operational line items or.
3) create new line items. Contractor shall not implement any
s>>ch requested changes until receipt of written permission
from CAC.
-2-
C'AC shall disallow payment of any claim which is in excess of
the total amount shown on the Standard Agreement.
D) Contractor hereby agree, to report to CAC, upon such
forms as CAC may require, regarding such operating, financial
and evaluation information. as CAC may require. Failure of
Contrartor to fully, accurately and timely comply with CAC's
reporting and requisitioning requirements shall result in dis-
allowance by CAC of any further payment hereunder.
E) The final 109 of the total grant will be withheld until
the final report has been received and the entire cash match
has been documented.
3. Contractor hereby agrees to allow audit of financial records
relating to project funds.
4. Any copyrighted, published or reproducible material produced
in connection with this agreement shall be subject to an
irrevocable non-exclusive License in the State of California to
reproci,ice and use such materials only for official and non-
commeri.:ial purposes of the government of the State of California.
In. addition, Contractor agrees to reduce any royalty or license fee
for any such matter emanating from the project to users within the
State of California. to what CAC and Contractor mutually agree to be
a reasonable level in the event that such users claim such license
of royalty fees to be exorbitant for the purposes for which the
material is used.
5. T.f travel expenses are .included in the approver] budget, the
State rules governing such expenses shall. apply to the Contractor.
All travel must he within the State of California to be
re i mhursab1e .
6. Nondisc=rimination Clause (OCP -1) and General California Arts
rriinci1 Requirements are hereby made a part of this contract.
The Contractnr is responsible for knowing and adhering to the
rr-qui.rements of these attachments and the Program Access
regillations (Section 504 of the Rehabilitation Act of 1973 and
the State of California Government Code 11135-11139.5).
7. Mention shall be made of the California Arts Council in any
printed, visual or recorded matter, or in any exhibition, display
or performance, which describes or is prepared in connection with,
or results in whole or in part from this award. Mention, shall be
male of the California Arts Council's support by the following
statement - "THTS PROJECT IS FUNDED IN PART BY THE CALIFORNIA ARTS
-3-
r0UNCTL, A STATE AGENCY." Copies of printed matter rontain]ng such
rnei)t»n shal] specify that "ANY FINDINGS, OPINIONS, OR CONCLUSIONS
CONTAINED THEREIN ARE NOT NECESSARILY THOSE OF THE CALIFORNIA ARTS
COUNCIL. "
8. This grant shall not be deemed accepted, valid or binding on
the part of this State unless approved by the Department of
Finance and/or General Services of the State of California where
their approval is required.
9. Contrar.tor shall be subject to the examination of the Auditor
General for the period of three years after the final payment under
the contract. (Government Code Section 10532)
WI_
GENERAL CALIFORNIA ARTS COUNCIL REQUIREMENTS
CALIFORNIA ADMINISTRATIVE CODE
3640. General State Requirements.
(a) The following requirements, in addition to any special
conditions incorporated in the California Arts Council Funding
Criteria, are applicable to and binding upon recipients of grants
from the California Arts Council.
(b) Note: Most of the funds that are allocated in grants
from the CAC are State funds; however, the Council receives funds
from the Federal Government. Therefore, some of the grants will
consist in whole or in part of Federal funds. These latter
grants will be made only to organizations which do not use
Federal funds as part of their match. Since Federal funds cannot
be used to match Federal funds, if your grant includes Federal
funds, you will not be able to accept Federal funds for this
specific project.
NOTE: Authority cited Section 8750, Government Code Reference:
Sections 8750-8756, Government Code.
3644. Project Defined.
(a) As used in these provisions, the term "project" shall
be deemed to include a specific project or program, or
administrative or on-going support for the organization affected;
for which the grants funds are awarded.
(1) Excess Costs: In the event that the project costs
exceed the amount specified in the approved budget, grantee
agrees to complete the _project and fund the cost above said
budget from sources other than State funds.
(2) Cost Disallowance: Grantee agrees to use the grant
funds solely for the purposes of the approved project. Cost
i`ems for the purpose of determining the "cost" of the approved
p-roject, as that term is used in these requirements, shall
include cash expended (or in lieu thereof, contactual
obligations incurre5 for the project) and the fair value as
determined by the Council, of services or products actually
incorporated therein. The burden of proof shall be upon the
grantee to establish such cost items, and such cost items may be
disallowed if not adequately supported by the records. Should
grantee misapply any grant monies, and fail to make restitution
to the State of any amounts due under the terms of grant
agreement, in addition to any other remedy provided by law, the
Scate shall have to the extent of its appropriate claim, an
ownership in any funds or property acquired with the use of such
misapplied funds.
(3) Assignment or Transfer: This grant, or the project
relating to this grant shall not be assigned, sub -let, or
transferred, in whole or in part, without the prior concurrence
of the California Arts Council.
(4) Return of Grant Funds Earmarked but No Longer Required
for Specific Items: Where the budget specifies that grant funds
are to be used for specific items, and subsequent to the receipt
of the grant, the grantee obtains the same without cost, or at a
reduced cost, th. saving, except for good (--use in the judgment
of r*: California Arts Council, shall be promatly returned to the
State.
(5) Indemnity Clause: Grantee agrees to defend the State
of California, its officers, agents and employees, against any
c_'ai-s and to pay any judgments obtained against the State of
a:=`ornia, its officers, agents and employees, arising from any
services or materials furnished, or any injuries or other damages
suffered by any party in connection with the conduct of the
project, and agrees to hold the State harmless.
(6) Termination: If the California Arts Council determines
subsequent to the approval of the project: (1) grantee has
failed to perform any of its obligations under the grant. (2)
grantee has assigned, subject, or transferred any part of the
project in violation of Section 3 above, or (3) violated any of
the other conditions of the signed contract. Council may in its
descretion terminate in whole or in part, the grant upon written
notice to the grantee specifying the services terminated and the
effective date of termination. Within 60 days of such
termination, grantee agrees to furnish the State an itemized
accounting of funds expended, obligated and remaining under the
grant. Grantee right of appeal is determined by the regulations
of the State Control Board.
(7) Reduction of State's Grant: Not withstanding any other
provision of these requirements, should the project, to time of
completion, or termination in whole or in part, cost less than
the approved budget amount on which the grant was based,
crantee's matching amounts (including funds, or services or
crocucts incorporated into the project in lieu thereof) shall be
conclusively deemed to have been expended first, and the grant
sha-11 be reduced by any amounts remaining after completion or
tern nation of the project. Such remaining amounts shall be
promptly forwarded to the Arts Council.
(8) Travel Expenses Limitation on allowable Costs--The
California Arts Council will not recognize as a matching cost,
travel expenses, though included in the project budget.
(9) Costs Records: Grantee 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 four years
after completion or termination of the project, grantee shall
rake available for examination or audit any books, documents,
paoers or records pertaining to the project, to the California
Arts Council, Stare Controller or where pertinent, the Federal
Government. Upon request of such parties, grantee shall furnish
at its own expense legible copies of material the deem pertinent.
(10) Evaluation and Expenditure Reports: Grantee agrees to
furnish at such times during or upon the completion of the
project, as may be determined by the State, and where requested
ray the State, on forms furnished by the State, evaluation and
exoer.citure reports relating to the project.
(11) Independent Contractor: Grantee shall not represent
to any person, foundation, group, organization or government
entity, whether employed by it or not, that it is acting as agent
for the State or that it is entitled in any way to act or incur
obligations on behalf of the State.
( 1 2 ) Nondiscrimination Clause: The attached
Nondiscrimination Clause, Standard Forin 17A, (5-83) is herewith
mace a part of these General State Requirements.
(13) Third Parties: Nothing contained in the terms of the
-grant shallcreate or give to third parties, any claim or right
of action acaanst the State.
(14 ) rApprovals by Departments of Finance and General
Services: This grant shall not be deemed accepted, valid, or
binding, on the part of the State unless approved by the
Departments of Finance or General Services of the State of
California where their approval is required.
(15) Entire Agreement: The terms of the grant, when the
grant has been made, constitute the entire understanding between
the parties hereto and no statement, promise, condition,
understanding, inducement, or representation, oral or written
expressed or implied, which is not contained herein shall be
banding or valid. After the grant has been accepted by the
grantee, the terms of the grant shall not be changed, modified,
or altered in any manner, except by an instrument in writing
executed by the parties hereto, subject, where required, to the
a,provais of the Departments of Finance or General Services.
(16) Federal Minimum Wage Requirements: Grantee agrees
that where the grant consists in whole or in part of Federal
funds, and/or State that all professional performers and related
or supporting personnel employed on the project will be paid,
without subsequent deduction or rebate on any account, not less
than the minimum comuensation as determined by the Secretary of
Labor to be the prevailing minimum wage of the State of
California for persons employed in similar activities. For the
proper construction of this section, grantee is referred to Part
505 of Title 29 of this Code of Federal Regulations, as last
.amended June 19, 1972, and as it may be further amended from time
to time.
(17) Mention of the "California Arts Council" and "National
Endowment for the Arts" or any Federal Agency Support: In any
printed, visual or recorded matter, or in any exhibition, display
or performance, which describes or is prepared in connection
with, or results in whole or part from the grant, mention shall
be made of the California Arts Council's support, and where the
grant is derived in whole or in part from Federal funds, of the
support of the Federal Agency. Copies of printed matter
containing such mention should be sent to the CAC with the
evaluation report required by the terms of the grant. Any
documents containing such mention shall specify that any
findings, opinion, or conclusions contained therein are noz
necessarily those of the California Arts Council and, where
appiicable, not necessarily those of the Federal Government of
the National Endo,ment for the Arts.
(18) Evaluation: The final ten percent (10%) of the grant award
will be withheld until grantee has submitted the final evaluation
report.
NOTE: Authority cited: Section 8750, Government Code,
Reference: Sections 8750-8756, Government Code.
NONDISCRIMINATION CLAUSE
1. During the performance of this contract, contractor and its
subcontractors shall not unlawfully discriminate against any
employee or applicant for employment because of race, reli-
gion, color, national origin, ancestry, physical handicap,
medical condition, marital status, age (over 40) or sex.
Contractors and subcontractors shall insure that the evalua-
tion and treatment of their employees and applicants for
employment are free of such discrimination. Contractors and
subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code, Section 12900
et seq.) and the applicable regulations promulgated thereunder
(California Administrative Code, Title 2, Section 7285.0 et
seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code, Section 112990,
set forth in Chapter 5 of Division 4 of Title 2 of the Cali-
fornia Administrative Code 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,
2. This contractor shall include the nondiscrimination and com-
pliance provisions of this clause in all subcontracts to perform
work under the contract.
STD. 17A (NEW a -as )
fs2 o0�m�rCi(:I-- qj-►
FY 1990-91 Organizational Support Program
Public Meeting
Sacramento, CA
September 10 - 11, 1990
WHEREAS the California Arts Council budget for 1990-91 calls for the
continuation of the Organizational Support Program, and
WHEREAS the awarding of contracts to organizations under this program
is established by regulation, and
WHEREAS the regulations specify that award recommendations will be
presented to the Council, which will make the final decisions and awards
at a public meeting,
NOW THEREFORE BE IT RESOLVED THAT:
The Arts Council receive the recommendations of the Organizational Support
Program Panels as amended and make final approval to fund grants in the
1990-91 Organizational Support Program.
Resolution Passed.
"I hereby certify that the foregoing is a true summary of Council minutes."
Robert H. Reid, Executive Director