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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