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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