HomeMy WebLinkAboutCC Resolution 7447 (Accepting Arts Council Grant)RESOLUTION NO. 7447
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAFAEL
ACCEPTING GRANT OF $3,632 FROM THE CALIFORNIA ARTS COUNCIL
AND AUTHORIZING EXECUTION OF THE GRANT AGREEMENT
WHEREAS, Falkirk Community Cultural Center provides
the citizens of San Rafael with a rich and varied program
of cultural activities; and
WHEREAS, the California Arts Council makes funds available
to support cultural programs in California; and
WHEREAS, Falkirk staff desires to expand its educational
and community outreach capabilities through matching funds
awarded by the California Arts Council; and
WHEREAS, the Cultural Affairs Commission has recommended
that the City Council approve acceptance of the grant and
execution of the grant agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of San Rafael hereby accepts the grant of $3,632
from the California Arts Council and authorizes execution
of the grant agreement.
I, JEANNE M. LEONCINI, City 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 Monday
the 20th day of October
, 1986, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS Russom & Mayor Mulryan
For: JEANNE M. LEONCINI, City Clerk
,•7
RO E LOLA SNIFFEN,
Deputy City Clerk
STA` OF CALIFORNIA ( ( ❑ CONTRACTOR
BTD. \ ❑ bTATE AGENCY
'Y HIS AGREEMENT, made and ente into this 1st day of 0 c t o b e � 19 86, ❑ DEPT. OF GEN. !
in the State of California, by and between State of California, through its duly elected or appointed, ❑ CONTROLLER
qualified and acting w_\\ � ❑
�a
11 ILL OF OFFICER ACTING FUR STALL
Director
hereafter called the State, and
AUENUV
California Arts Council
FALKIRK COMMUNITY CULTURAL CTR
hereafter called the Contractor and/or Grantee.
�G ' jjjNU"ILk
I
AC -6643
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Stt
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
Artistic and Administrative Development Program for fiscal year
1986-87 shall adhere to the attached Schedule of Agreement with
exhibits attached thereto.
Payee: See Contractor and Address below
From: OCTOBER 01; 1986 TO: SEPTEMBER 30, 1987
Total to be paid: 53,632
:ll "
}n:) I LID -CD]
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 SIG Er
TITLE
Director
w Err u COL:
NOT WRITE BELOW
AMOUNT ENCUMBERED
$ $3-P632
UNFNCUMBERED BALANCE
ADJ INCREASING ENCUMBRANCE
ADJ. ENCUMBRANCE
$
CONTRACTOR
UO N1 I UR (IF OTHER THAN AN INDIVID UAL, S i AI b WHE I HL A UURPURA I R)N,
P A 7TAtrff.EMMUNITY CULTURAL CTR City of San Rafael
BY )U iTE NATUR) vice—mayor
T st" y-- Aty
t
ADD �S BOX 60 SAN RAFAEL CA 94915
THIS LINE — FOR STATE USE ONLY
APPROPRIATION FUND
Local Assistance General
ITEM CHAPTER STATUTES FISCAL YEAR
8260-101-0011 186 86 1 86-87
FUNCTION
Organizational Grants
LINE ITEM ALLOTMENT
72100, 3200) 701
1 hereby certify upon my own personal knowledge that budgeted fundsI T.B.A. NO. I B.R. NO.
are available for the period and purpose of the expenditure stated above.
SIGNATURE F ACCOUNTING OFFICER DATE
► A�
1 hereby V that al onditions for exemption set forth in State Adminrstradve arcual Section 1209
have been complie ith and this document is exempt from r sew by the Department of Finance.
SI OF OFFICER SIGNI ON BEHALF OF AGENCY DATE
��s�A�
v 0 1 L. All _
®D1r-4,11&j 1; 1
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.
?. The Contractor, and the agents and employees of Contractor, in the performance of this
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 anv consideration
to Contractor 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 anv 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.
4. Without the written consent of the State, this agreement is not assignable by Contractor
either in �vhole or in part.
5. Time is the essence of this agreement.
G. No alteration or variation of the terms of this contrlet shall be valid unless made in writing
and signed by the parties hereto, and no oral understanding or agreement not incorporated herein,
shall he 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 expressly so provided.
SCHEDULE OF AGREEMENT
(Artistic and Administrative Development Program)
Between California Arts Council (hereinafter called CAC) and the
aforenamed Contractor (hereinafter called Contractor or Grantee)
for participation in CAC's Artistic and Administrative
Development Program for fiscal year 1986-87.
1. Contractor hereby agrees to perform and carry out all
services and activities specified in Exhibit A, attached hereto
and hereby made a part of this contract, in a timely manner
within the dates specified on the Standard Agreement. Contractor
shall abide by the program guidelines, restrictions and
regulations as stated in the California Arts Council's Artistic
and Administrative Development Program Application Form and
Instructions for the year in which the contract was issued.
a) Any changes of project descriptions, 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 Grant
Program Manager before Contractor implements any such
changes. Changes in dates of contract, contract amount and
contract name require contract amendments.
2. In consideration for the satisfactory performance of the
services specified above, CAC hereby agrees to pay Contractor a
sum not to exceed the amount encumbered on the Standard Agreement
for items as listed on Exhibit B - Budget, attached hereto and
incorporated herein as a part of this agreement. Contractor must
match this sum dollar for dollar as indicated in the Exhibit B.
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. A one-time advance payment for
25% of the contract amount may be made upon approval of the
contract and the submission of an advance invoice
(attached). Invoices and the required documentary evidence
for this amount and match shall be submitted before
additional invoices are paid. (You will receive further
instructions regarding this procedure.)
b) 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
1
State until after due date of obligation. Documents must
describe the nature of the obligation, the dates of
occurrence and the cost thereof. Contractor shall be
required to show evidence of timely payment of these
obligations. Contractor shall not accept reimbursement from
the CAC prior to Contractor's payment of these expenses,
except in the case of advance payment as described above in
Section 2. a.
In the event that, after the CAC has received an invoice
which contains a claim for payment under this provision 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.
c) Contractor is hereby authorized to raise the total sum
indicated for any given budget item listed in Exhibit B,
Budget, by not more than twenty-five percent (25%) of said
item, provided however, that CAC shall disallow payment on
any claim presented pursuant to an item in said itemized
budget, when payment of such claim would result in a total
payment by CAC under given budget item in excess of the
amount stated in Exhibit B for that item plus twenty-five
percent (25%).
Budget changes shall not be interchangeable between Salary
categories and Operational categories. Salary line items
may be altered by not more than 25% within the Salary
subtotal only. Operational line items may be altered by not
more than 25% 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 such requested changes
until receipt of written permission from CAC.
CAC shall disallow payment of any claim which would result
in payment by CAC of a sum in excess of the total obligation
of CAC as specified hereinabove.
d) Contractor hereby agrees to report to CAC, upon such
forms as CAC may require, regarding such operating,
financial and evaluative information as CAC may require.
Failure of Contractor to fully, accurately and timely comply
with CAC's reporting and requistitioning requirement shall
result in disallowance by CAC of any further payment
hereunder.
A Grant Expenditure Report Form and a List of Receipts must
accompany each invoice.
Contractor further agrees to cooperate with reasonable
monitoring and reporting duties as CAC may require.
3. Contractor hereby agrees to allow audit of finanicial records
relating to project funds.
4. Any copyrighted, publishable or reproducible material
produced in connection with this agreement shall be subject to an
irrevocable non-exclusive license in the State of California to
reproduce and use such materials only for official and
noncommercial purposes of the government of the State of
California. In addition, Contractor agrees to reduce any royalty
or license fee for any such matter enamating 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 or royalty fees to be exorbitant for the
purposes for which the material is used.
5. 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.
6. Nondiscrimination Clause (OCP - 1) and General California
Arts Council Requirements are attached hereto and are hereby made
a part of this contract. The Contractor is responsible for
knowing and adhering to the requirements of these attachments and
the Program Access regulations (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 made of the California Arts Council's support by the
following statement - "THIS PROJECT IS FUNDED IN PART BY THE
CALIFORNIA ARTS COUNCIL, A STATE AGENCY AND THE NATIONAL
ENDOWMENT FOR THE ARTS, A FEDERAL AGENCY".
8. This award becomes null and void if signed contracts are not
returned within sixty (60) days of receipt from CAC for
signature.
9. This grant shall not be deemed accepted, valid or binding on
the part of the State unless approved by the Department of
Finance and/or General Services of the State of California where
their approval is required.
Note: The following will be a part .e contract 3 -al_
Exhibit A
Project Summary. Arts Council funds will be spent for (in one or two sentences): Funds Wi 11 be used to
develop a community outreach program for Falkirk by engaging community groups and
offering interpretive programs to targeted audiences.
Exhibit B
Budget Request
A. Salaries (include fringe benefits) BUDGET
New
#
Arts Council
C. Applicant
Artistic Personnel
Position
❑
Job Title/rate of pay
1. Curator
Grant
C�6bratch
:0
2, "rator Assistant
3200
13
3,-Artictc Hnnoraria
432
268
Technical & Production
Personnel
❑
.
❑
,
Administrative Personnel
❑
.
❑
,
❑
.
Outside Professional Services
❑
•
Subtotal Salaries
3632
1268
B. Operating Expenses
Where applicable, list
Arts Council
Applicant
rate of expense
Grant
Cash Match
Rental Space
•
Rental Equipment
•
Travel (in-state)
Supplies
4, Exhibit are0aration
314
Other (specify)
5 . Graphics & Pri nti ng
900
6, FilmcfLertures/Slides
600
7 Promotion/Marketing
550
Subtotal Expenses
2364
Grand Totals
3639
3632
LIST OF RECEIPTS
nization Contract No. AC -
Dates of these receipts: From to
Total Amount Amoui
• Budget of CAC Pays Claims
t To: In Payment of: Number Receipt Back As 11a,
Total CAC
Reimbursement
This Page
Total 11 -latch
This Page
NONDISCRIMINATION CLAUSE
(OCP - 1)
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,
Contrcctors and subcontractors shall insure that the evalua-
tion and treatment of their employees and applicants for
em loyment 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
se 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 im le menting Government Code, Section 12990,
set forth in Chapter 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 i -n 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 5-83)
NEA PROVISIONS
The Cali�ornia Arts Council is required to comply with standard regulations
of the federal government for all grants made under the auspices of the NEA.
Some of these regulations require corpliance on the part of the subgrantee
(your organization), WE are providing you with a surimiEry of selected
regulations for your inform tion, you should however, be aware of the cc,:plete
regulations.
he following is a list of Circulars that a7ply to CAC suvcran`.ees, the address
where y.ou should write to request copies of the circularsand the office where
your questions should be directed,
0"3 (Office of Management and Budget) Circular A-102, Administrative Requirements
for Grants -In Aid to State and Local Governments, plus attachment P, for Audit
requirements.
Inquiries: Financial Manacement Branch
Budoet Review Division
Office of Management and Budget
Washington D, C,- . 20503
0202) 395-4773
0`3 Circular A,-87, Cost Principles for State or Local Governments:
Inquiries: Deputy Chief
Financial Management Branch
Sudget Review Division
6002 New Executive Office Building
Washington D.C. 20503
(202) 395-4773
0'!3 Circular A-122, Cost Principles for Non -Profit OrganizaLions
Office of Manacement & Budoet
Publications Office r
New Executive Office Building
' Room G236
Washington D,C. 20503
0''-: Circular A-21, Cost Principles for Colleges and Universities
I noui ri es : - Chief
Financial Nanacement ",ranch
O l ice of Pianacement & Budcet
New Executive Office Building
725 JEckson Pl-ce, N.D.
h'ashincton D.C. 20503
(202) 295-6323
Single
rori_es: Document Distribution Center
Office of administration
G -23-1-c Ne%-, Executive Office Bldg.
1'ashincton D.C. 20503
General Information
and single copies:
(202) 395-7332
1�4TIO`Q, ENDO J. -ENT FOR TRE ? tiT5
OF SELECTED REGULATIO?: '
FOR SU3GRANT .ES
1. Fair Labor Standards
All professional perfo ryers and related or supporting professional personnel
employed on projects or productions which are financed in whole or in part
under the grant will be paid, without subsequent deduction or rebate on any
account, not less than the minimum compensation as determined by the.Secretary
of :Labor to be the prevailing minimum compensation for persons employed in
similar activities. Labor standards are set out in "Part 505 (29 CFR)
Labor Standards on Projects or Productions Assisted by Grants from the
National Endo:.-ment for the Arts."
ho pa=t of any project or production which is financed in whole or in part
under the grant will be performed or engaged in under working conditions
which are unsanitary or hazardous or dangerous to the health and safety of
the e,-ployee engaged'in such project or production. Compliance With the
safety and sanitary laws of the State in Which the performance or part there -
o` is to take place shall be prima facie evidence of compliance.
2. Lobbying
In accordance with a Congressional directive, grantees are requested to note
the :ollowing provisions of Federa'1 law regarding the use of Endowment funds
for lobbying activities:
'_8 U.S.C. Sec. 1913 Lobbying with appropriated monies
No part of the money appropriated by any enactment of Congress shall, in the
absence of express authorization by Congress, be used directly or indirectly
to pay or. any personal service, advertisement, telegram, telephone, letter,
printed or written matter, or other device, intended or designed to influence
in any manner a Member of Congress, to favor or oppose, by vote or other -wise,
any legislation or appropriation by Congress, whether before or after the
introduction of any bill -or resolution proposing such legislation or appro-
priation; but this, shall not prevent officers or employees cf the United States
or of its departments or agencies from com= nicating to Members of Congress
on the request of any Member or to Congress, through the proper official
channels, requests for legislation or appropriations which they deem necessary
for :he efficient conduct of the public business.
',.:�noever, being an officer or employee of the United States of any department
of agenzv thereof, violates or attempts to violate this section, shall be
`iItd not more than $500 or imrrisoned not more than one year, or both;
a-.6 after notice and hearing by the superior of-ficer vested with the power oI
rC-.CV_n0 him, shall be removed -_' or, office or employment.
Civil Ri£hts
.__ie V'_ C` the C --vii Rights !-.CZ of 1964 provides that.
';o 7e7scn in the United States shall, on the groun-1s of race, color or
�...-.a': origin, be el:clucEd :rOM participation in, be denied the benefits
c:, C' be subject to discrimination under any program Cr activity receiving
n�ancial -assistance (SECt'071 601). '
4.. cavDra
Section 504 of the ReSabilitation Act of 1973 provides that:
I,o ot'nerwise qualified handicapped individual in the United States, as defined
in Section 7(6)'=, shall, solely be reason of his handicap, be excluded from
the partici-pation in, be denied the benefits of, or be subjected .to dis-
Crininatio. under any progra= or activity receiving Federal assistance.
'o= the pur-oses e= Section 504, the term 'th2'd1Cc7ped individual" means
any person mho (a) -has a'physical or mental impairr_ent w;,ich substantially
' life activities, (b) h -
limits one o: more of such person s -ajor �s z record
of such an _-pairment, or (c) is regarded as having such an impairment.
Title IX of the.=ducation Alznendnents of 1972 provides that:
';o person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity. receiving Federal financial assistance.
5. Audit of Records
The State Arts Agency, the national Endo-ment for the Arts and the Comptroller
General c-- the United States, or any duly authorized representatives, shall
have access to any books, documents, papers, and records maintalned'_o account
fc: funds expended under the terms and conditions of this grant for the ,purpose
of making audit, examination, excerpts and transcripts. Records should be
retained for three years from the date of the submission of the final expendi-
Lure repot or until any audit findings involving the records have been re -
Solved, ':hichever is the longer period.
6. Sta-,dards for Subgrantee Financial ?Iana;emertt Systems
SLbgrantee'financial eanage,ment systems shall provide for:
a. Accurate, current and complete disclosure of the financial results
OL each grant program in accordance with the State Fz is Agency's re-
porting requirements.
b. ,eccrds which identif- adequately the source and application of funds
for grant -supported activities. These records shall contain information
pertaining to grant awards and authorizations, obligations, unobllgated
balances, asses, liabilities, outlays and inccrne.
-=:._ctive control over and accountability for all funds, property and
Ot".er aSsets. Grantees shall adequately- s2=eoua.d all such assets
a c sna*i 2ssu a that they are used solely for au'�horized purposes.
d. CO;'.-.a`:scn oactaal with budgeted amounts Lo: each grant. Also,
. __at_cn Of _'anCial in-_ c -.—,.a with �th perfo—gree orrrOdUCtiyiLy
e z -_Z , inc lud i-, S the p: oduc tion of unit• cost iniormation whenever
;ES t0-._.._-_Ze tie t_:A e.aosing bet':2En t1E _:cnSfe: 0: tL'1C5
:-C- .hestc-te d'__�Jurs--:E c__ice and ti'e dis ulrse e n t by the grantee
oicirto 'de: cbl_ga._cns in:urred.
0
f. Procedures for determining the allowability and allocability of costs
in accordance with the provisions of ON5 Circular A-87 if the sub-
grantee is a state or local government, A-122 if a nonprofit organization,
or -21 if an educational institution.
g. Accounting records which are supported by source documentation.
h. Inde -pendens audits of financial operations, including compliance with
certain provisions of Federal law and regulation. Audits usually will
be made annually, but not less frequently than every two years. Audits
s`kall meet the requirements set forth in Attachment P to OHB Circular
A-102.
i. A systematic method to assure timely and appropriate resolution of
audit findings and reco=endations.
;.
Acknowledgment
in all published material and announcements regarding this project it
is suggested that a special notice be made that: "This project is
supported jointly by a grant from the California Arts Council and
the National Endowment for the Arts."
S. Regulations
Subgra ntees must adhere to the administrative requirements for grants-
in-aid to State and Local Governments as promulgated in Office of
Kanagement and Budget Circular A-102.
CE—RAL 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 Govern-
ment. 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 items for the purpose of
determining the "cost" of the approved project, as that term is used in these
requirements, shall include cash expended (or in lieu thereof, contractual
obligations incurred 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 restitu-
tion to the State of any amounts due under the terms of grant agreement,
in addition to any other remedy provided by law, the State shall have to the
extent of it= 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, the saving, except for good cause
in the judgment of the Calfiornia Arts Council, shall be promptly returned to
the State.
(5) Indemnity Clause:Grantee agrees to defend the State of California,
its officers, agents and employees, against any claims and to pay any
judgments obtained against the State of California, its officers, agents and
employees, arising from any services or materials furnished, or anv 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 discretion
terminate in whole or in pari the grant upon written notice to the grantee
specifying the ser- s 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
Centrol 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 budgeted amount on which
the grant was based, grantee's matching amounts (including funds, or services
or products incorporated into the project in lieu thereof) shall be conclusively
deemed to have been expended first, and the grant shall be reduced by any
amounts remaining after completion or termination 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 or the project, grantee shall
make available for examination or audit any books, documents, papers or
records pertaining to the project, to the California Arts Council, State
Controller or where pertinent, the Federal Government. Upon request of such
parties, grantee shall furnish at its own expense legible copies of material
they 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 by the State, on forms furnished by the State,
evaluation and expendeture 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 in act or incur obligations on behalf of the State.
(12) Nondiscrimination Clause: The attached Nondiscrimination Clause,
Standard Form 17A, (5-83) is herewith made a part of these General State
%equirements.
(13) Third Parties: Nothing contained in the terms of the grant shall
create or give to third parties, any claim or right of action against the
State.
(14) Approvals 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
binding 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 approvals 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 compensation 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) Nention 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 not necessarily those of the California
Arts Council and, where applicable, not necessarily those of the Federal Govern-
ment of the National Endowment 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.
r��2o�a�ooR
FY 1986-87 ARTISTIC AND ADMINISTRATIVE DEVELOPMENT
Public Meeting
Sacramento, CA
September 26, 1986
WHEREAS the California Arts Council budget for 1986-87 calls for the continuation
of the Artistic and Administrative Development Program, and
;-MEREAS 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 Artistic and Administrative
Development Panels as amended and make final approval to fund grants in the
1986-87 Artistic and Administrative Development program.
Resolution Passed.
"I hereby certify that the foregoing is a true summary of Council minutes."
Robert Reid, Executive Director
CALIFORNIA ARTS COUNCIL