HomeMy WebLinkAboutCED Pass Through Agreement; Youth in ArtsPass Through Agreement between the City of San Rafael and Youth
in Arts
This Pass -Through Agreement (hereinafter "Agreement") is made and entered into this
10/12 , 2024 by and between the City of San Rafael, a municipal agency in the State of
California (hereinafter "City"), and Youth in Arts.
The Downtown San Rafael Arts District ("DSRAD") is a collaboration between the following
organizations, referred to collectively as the "Stakeholder Group", which as of the date of
execution of this agreement includes:
• Art Works Downtown, a 501(c)3 organization; and
• California Film Institute, a 501(c)3 organization; and
• Marin Society of Artists, a 501(c)3 organization; and
• Youth In Arts, a 501(c)3 organization; and
• The San Rafael Chamber of Commerce on behalf of the Business Improvement District (BID), a
501(c)6 organization; and
• The City of San Rafael
RECITALS
A. The Stakeholder Group was established in 2017, when San Rafael was
designated as a Cultural Arts District by the California Arts Council. The Stakeholder Group is
organized to collaborate with local arts leaders, businesses, city officials, and community
members to create a vibrant and engaging environment that promotes well-being, equity, and
inclusivitythrough the arts. The Group endeavors to provide access to world -class arts and
culture education and experiences for everyone in San Rafael, and values serving all members
of the community; embracing the arts to build inclusive community relationships and dialogue
to confront and address pressing social and economic issues; engagingthe historically under -
served and marginalized populations in our community to promote greater equity and
diversity; and creating a welcoming and innovative downtown community anchored and
unified by a thriving arts and culture scene.
B. The Stakeholder Group was recertified as a State of California Cultural District
("CD") by the California Arts Council ("CAC") in 2023.
C. The Stakeholder Group submitted a grant Application to the CAC. On April 5,
2023, the City was awarded a lump -sum grant of $671,429 from the CAC.
D. The San Rafael City Council approved acceptance of that grant in accordance
with Resolution # 15199. The City has received the full $671,429 grant from the California Arts
Council.
E. On May 16, 2023, the City of San Rafael executed CAC Grant Standard
Agreement (STD 213) Document ID 1269112 including its Exhibit A— Scope of Work, Exhibit B —
Budget Detail and Payment Provisions, Exhibit C General Terms and Conditions and Exhibit D
Special Terms and Conditions (collectively referred to as the "CAC Grant Agreement" and
attached as Exhibit A to this Agreement.)
DSRAD Grant Pass -through Agreement Page 1
F. In June 2024, the CAC awarded the City a grant increase of $38,461, bringing the
grant total to $709,890.
G. In 2024 the CAC extended the grant term until June 30, 2026.
H. The objective of this Agreement is to establish procedures through which the
CAC grant funds will be distributed.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as
follows:
1. Statement of Agreement
It is mutually agreed and understood that, upon the signing of this Agreement:
a. The Agreement is valid until June 30, 2026, or through the end of the grant spending period
as determined by the California Arts Council. The term of validity of the Agreement is the
"Agreement Period."
b. The Stakeholder agrees that the City of San Rafael is the best situated organization to act
as the Fiscal Sponsor for the CAC grant award.
c. As the Fiscal Sponsor, the City is responsible for managing, accounting for, and disbursing
all California Art Council grant funds as described in the CAC Grant Agreement, attached
as Exhibit B.
d. The City agrees to disburse funds to the Youth in Arts in accordance with this Agreement. If
the cumulative amount of disbursements under this agreement does not exceed $75,000,
the City Manager may approve each disbursement. If the cumulative amount of
disbursements exceeds $75,000, City Council approval shall be required.
e. Youth in Arts may request disbursement of grant funds as a lump sum, or periodically.
Periodic requests will be disbursed by the City within thirty (30) days of receipt of an
accurate and complete funding request in the form of Exhibit D `Funding Request Form'.
i. Youth in Arts shall return to the City any unexpended grant funds under the
following conditions:
1. Within 30-days of a return request made by the City, if the City determines in
its reasonable discretion that the Youth in Arts has not performed in
accordance with this Agreement; or
2. Prior to the end of the Agreement Period, if any portion of the funding is not
used for grant purposes.
f. Youth in Arts shall account for all disbursed funds provided by City through the CAC Grant,
together with any interest thereon, separately in the Youth in Arts's books and records. A
systematic accounting record shall be kept by Youth in Arts of the receipt and
disbursement of such funds. Youth in Arts shall provide the City with copies of any records
and supporting documentation pertaining to the performance of this Agreement. Youth in
Arts agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of records retention is stipulated. Each
stakeholder agrees to allow auditor(s) access to such records during normal business
hours and to allow interviews of any employees who might reasonably have information
related to such records. Further, Youth in Arts agrees to include a similar right of the State
DSRAD Grant Pass -through Agreement Page 2
to audit records and interview staff in any subcontract related to performance of this
Agreement. City, or its designated representative, reserves the right, upon written notice,
to audit Youth in Arts books and records relating to the expenditure of anyfunds provided
by City as a restricted grant. Youth in Arts acknowledges the record keeping requirements
and audit rights of the State of California contained in the CAC Grant Agreement (Exhibit A),
including without limitation, its Exhibit C General Terms and Conditions of that Agreement,
Paragraph 4 and Exhibit D Special Terms and Conditions, Paragraph 8 of that Agreement.
Youth in Arts further acknowledges that the City may request quotes, invoices, and other
records from members of the Youth in Arts to account for all California Art Council
expenditures.
g. The following uses of funds are prohibited under this Agreement:
i. Purposes other than those that are described in Exhibit B, CAC Grant Scope of
Service;
ii. Administrative costs not related to the implementation of the Grant, or directly
related to DSRAD programs or events;
iii. Conducting lobbying, carrying out propaganda or otherwise attemptingto influence
Legislation;
iv. Influencing the outcome of any election through any means;
v. Fundraising purposes, unless the California Arts Council permits such use;
vi. Scholarships or Fellowships; and
vii. Budget shortfalls or endowment funds;
viii. Land acquisition or real estate purchases.
h. Any materials produced under this Agreement shall be made available to the public
following such reasonable requirements as City may establish from time to time. Youth in
Arts grants to City an irrevocable, nonexclusive license to publish any publication, program
materials, studies, forms, or research funded by this grant at City's sole discretion. Youth
in Arts agrees to disseminate to the public, using established channels of communication,
pertinent information relating to other materials produced through this Agreement.
i. Youth in Arts agrees to provide immediate written notice to City if significant changes or
events occur during the term of this grant which could potentially impact the progress or
outcome of the grant, including, without limitation, changes to the Youth in Arts's
management personnel or loss of funding.
Youth in Arts acknowledge that they understand the obligations imposed by this
Agreement, including but not limited to the following:
i. Youth in Arts agrees to use the following phrase in all materials produced as a result
of receiving grant funds "This activity is supported in part by the California Arts
Council, a state agency. Learn more at www.arts.ca.gov." If published, recorded, or
visual material (such as in a magazine, film, video, book or brochure) espouses an
editorial viewpoint, Grantee must specify in the material that "Any findings,
opinions, or conclusions contained herein are not necessarily those of the
California Arts Council."
ii. Youth in Arts will not use the City logo or letterhead without the prior written
consent by the City's designated Stakeholder.
DSRAD Grant Pass -through Agreement Page 3
iii. Youth in Arts is required to pass on all responsibilities of this Agreement when they
enter into agreements with consultants and contractors that will be paid using grant
funds provided under this Agreement.
iv. Youth in Arts enters into this Agreement with the understanding that City has no
obligation to provide other or additional support or grants to Youth in Arts.
2. Indemnification
a. Except as otherwise provided in subparagraph b of this section, Youth in Arts shall, to
the fullest extent permitted by law, indemnify, release, defend with counsel approved
by City, and hold harmless City, its officers, officials, agents, employees and volunteers
(collectively, the "City Indemnitees"), from and against any claim, demand, suit,
judgment, loss, liability or expense of any kind, including but not limited to attorney's
fees, expert fees and all other costs and fees of litigation, (collectively "Claims"),
arising out of Youth in Arts's performance of its obligations or conduct of its operations
under this Agreement. The Youth in Arts's obligations apply regardless of whether a
liability is caused or contributed to by the active or passive negligence of the City
Indemnitees. However, to the extent that liability is caused by the active negligence or
willful misconduct of the City Indemnitees, the Youth in Arts indemnification obligation
shall be reduced in proportion to the City Indemnitees' share of liability for the active
negligence or willful misconduct. In addition, the acceptance or approval of the Youth
in Arts's work or work product by the City or any of its directors, officers or employees
shall not relieve or reduce the Youth in Arts's indemnification obligations. In the event
the City Indemnitees are made a party to any action, lawsuit, or other adversarial
proceeding arisingfrom Youth in Arts's performance of or operations under this
Agreement, partners shall provide a defense to the City Indemnitees or at City's option
reimburse the City Indemnitees their costs of defense, including reasonable attorneys'
fees, incurred in defense of such claims.
b. Youth in Arts shall indemnify and hold harmless the City and City Indemnitees from and
against damages, liabilities or costs (including incidental damages, Court costs,
reasonable attorney's fees as may be determined by the Court, litigation expenses and
fees of expert witnesses incurred in connection therewith and costs of investigation) to
the extent they are caused by the negligence, recklessness, or willful misconduct of
partners, or subcontractors or anyone directly or indirectly employed bythem, or
anyone for whom they are legally liable (collectively, "Liabilities"). Such obligation to
hold harmless and indemnify any indemnity shall not apply to the extent that such
Liabilities are caused in part by the negligence or willful misconduct of such City
Indemnitee.
c. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained
in this Agreement and shall survive the termination or completion of this Agreement for
the full period of time allowed by law.
3. Contacts and Notices
All notices under this Agreement shall be in writing (unless otherwise specified) delivered to
the parties by hand, by email, by commercial courier service, or by United States mail, postage
DSRAD Grant Pass -through Agreement Page 4
prepaid, addressed to the parties at the addresses set forth below or such other addresses as
the parties may designate by notice.
For City of San Rafael:
Library and Recreation Director
City of San Rafael
618 B Street
San Rafael, CA 94901
Phone: (415) 485-3300
Email: recreation(@cityofsanrafae"
For Stakeholder Organizations:
Youth in Arts, a 501(c)3 organization
o Core Decision Maker: Morgan Schauffler
o Address: 917 C Street
San Rafael, CA 94901
o Phone: (415) 457-4878 x160
o E-mail: morgan@youthinarts.org
4. NO THIRD -PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the Parties do not
intend to create, any rights in third parties.
5. EXPENSES
Except as otherwise provided in Section 2 of this Agreement, each party shall be solely
responsible for and shalt bear all of its own respective legal expenses in connection with any
dispute arising out of this Agreement and the transactions hereby contemplated. The Parties
may not use grant funds forthe aforementioned purpose.
6. INTEGRATION
This Agreement, including Exhibits A, B, C, D and E which are attached hereto and
incorporated herein by reference, represents the entire Agreement of the Parties with respect
to the subject matter thereof. No representations, warranties, inducements, or oral
agreements have been made by any of the parties except as expressly set forth herein.
DSRAD Grant Pass -through Agreement Page 5
7. AMENDMENT
Except as otherwise provided herein, this Agreement may not be changed, modified, or
rescinded except in writing, signed by all Parties hereto, and any attempt at oral modification
of this Agreement shall be void and of no effect.
8. SEVERABILITY
Should a court of competent jurisdiction rule or declare that any part of this Agreement is
unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such
decision shall not affect the validity of the remainder of this Agreement, which shall continue
in full force and effect; provided that the remainder of this Agreement can, absent the excised
portion, be reasonably interpreted to give effect to the intentions of the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
above written.
Youth in Arts
Morgan Scha ffler (Sep 24. 202411:05 PDT)
Name: Morgan Schauffler
Its: Director of External Affairs
CITY OF SAN RAFAEL
Cris[ine Ati lovith iOct 12. 11:14 PDT)
Cristine Alilovich, City Manager
DSRAD Grant Pass -through Agreement Page 6
EXHIBIT A
GRANT AGREEMENT BETWEEN CITY AND CALIFORNIA ART COUNCIL
SCO ID: 8260-CD-23-20127 PO Number:
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev_ 04/2020) CD-23-20127
1. This Agreement is entered into between the State Agency and the Contractor named below:
CONTRACTING AGENCY NAME
California Arts Council
CONTRACTOR NAME
City of San Rafael
2. The term of this Agreement is:
START DATE
07-01-2022
THROUGH END DATE
06-30-2025
3. The maximum amount of this Agreement is:
$671,429
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this refrence made a part of the Agreement.
EXHIBITS
TITLE
PAGES
Exhibit A
Scope of Work
Exhibit B
Budget Detail and Payment Provisions
Exhibit C*
General Terms and Conditions
Exhibit D
Special Terms and Conditions
Items shown with an asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at https://WWW.dgs.ca. goyIOLS%ResourceS
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
City of San Rafael
CONTRACTOR BUSINESS ADDRESS
CITY
STATE
ZIP
1400 Fifth Avenue
San Rafael
�CA
94901
PRINTED NAME OF PERSON SIGNING
TITLE
Jim Schutz
City Manager
N?F(n^LTOF'-MRIZED SIGNATURE
DATE SIGNED
05-16-2023
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
California Arts Council
CONTRACTING AGENCY ADDRESS
CITY STATE
ZIP
2750 Gateway Oaks Dr., Suite 300
Sacramento CA
195833
PRINTED NAME OF PERSON SIGNING
TITLE
Jonathan Moscone
Executive Director
'AUTHORIZED SIGNATURE
DATE SIGNED
�i
05-16-2023
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
I
EXEMPTION, IF APPLICABLE
Page 1 of 1
DSRAD Grant Pass -through Agreement, Exhibit A
EXHIBIT A — SCOPE OF WORK
Expanded
With support from the California Arts Council, City of San Rafael agrees to reporting
requirements (including Interim and Final Reports), agrees to send a representative contingent to
any CAC-convenings, and will support the Downtown San Rafael Arts District with the
following:
Develop a DSRAD Strategic Flan
Build DSRAD capacity and sustainability.
Raise DSRAD visibility.
Increase DSRAD supporter base.
Continue existing programs, events and activities delivered through DSRAD core partners.
Grow programs, events and activities as capacities are built.
EXHIBIT B — BUDGET DETAIL AND PAYMENT PROVISIONS
Expanded
Grant Amount Total: $671,429 for approved Cultural Districts Activities.
DSRAD Grant Pass -through Agreement, Exhibit A
GTC 04/2017
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code § 10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: 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, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
DSRAD Grant Pass -through Agreement, Exhibit A
8. INDEPENDENT CONTRACTOR: 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 the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code § 12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract's benefits to any person on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation and
treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit access
by representatives of the Department of Fair Employment and Housing and the awarding state
agency upon reasonable notice at any time during the normal business hours, but in no case less
than 24 hours' notice, to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or Agency shall require to ascertain compliance with this
clause. 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.
(See Cal. Code Regs., tit. 2, § 11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference and made a part
of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
DSRAD Grant Pass -through Agreement, Exhibit A
13. COMPENSATION: 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, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
DSRAD Grant Pass -through Agreement, Exhibit A
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code § 10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business
and Professions Code. (PCC I0344(e).)
DSRAD Grant Pass -through Agreement, Exhibit A
EXHIBIT D - Special
Terms and Conditions
A. CALIFORNIA ARTS COUNCIL (CAC) PROVISIONS
1. STATEMENT OF THE GRANT
T'�.:� CALIFORNIA
ARTS COUNCIL
A CALIFORNIA STATE AGENCY
This Grant Standard Agreement (Grant) is awarded with the understanding that the full Grant
amount will be expended during the term of the Grant period to support the project/activity
as proposed by the Grantee in the application, and summarized in the Grant Description
and Budget (Exhibit A — Scope of Work & Exhibit B — Budget Detail and Payment
Provisions). While minor changes in the project/activity are expected, if the Grantee wishes
to modify the fundamental intentions of the project/activity, prior written approval of the CAC
is required prior to the end of the project/activity period_
GRANT CONTRACT RETURN DATES
A copy of the Grant Standard Agreement shall be signed by an individual with authority to
legally bind the organization within 30 days from receipt of the contract documents receipt
of the grant notification email. If the Grant Standard Agreement is not returned to the CAC
by the final date indicated, there could be delays in receiving the grant award payment or
forfeiture of the grant.
3. FINAL REPORT
The Final Report shall be submitted to the CAC thirty (30) days after the grant activity end date.
Failure to submit the final report could impact eligibility for a future CAC grant.
4. PROGRAM SPECIALISTS AND ORGANIZATIONAL CONTACTS
The designated CAC Program Specialist shall be the primary contact person during the
execution of this Grant with responsibility for facilitating communications and efficient
interaction between the CAC and the Grantee. The grantee shall also be responsible for
designating appropriate staff contact for this grant.
Should a change of the CAC's Program Specialist or of the Grantee's contact occur, the
other party shall be notified in writing at the time of the change.
5. GRANTEE NAME CHANGE
An amendment is required to change the Grantee's name as listed on this Grant Agreement.
Upon receipt of legal documentation of the name change, the State will process the
amendment. Payment of invoices presented with a new name cannot be paid prior to
approval of said amendment.
6. ACKNOWLEDGMENT OF RECEIPT OF GRANT
Grantees are required to prepare and mail thank you letters to the Governor, the State of
California Assembly member and Senator representing the Grantee. Grantee shall return
one copy of each letter to the CAC with the Grant agreement. You can identify your State
Assemblymember and your State Senator at http:,I/findVourrep.legislature.ca.gov/.
7. AMENDMENTS
Grantees can request amendments in the event of a Scope of Work, budget or timeline
DSRAD Grant Pass -through Agreement, Exhibit A
change. This request must be done in writing and submitted to CAC no less than sixty (60)
days before the end of the grant activity period end date. Requests submitted after this
date cannot be processed.
8. COST RECORDS
Grantee shall maintain complete, accurate, and current records of all income, including
obligations incurred with respect thereto. Such records, or copies of such records, shall be
kept separate from other cost records. During the duration of the activity and for not less than
three years after completion or termination of the activity, Grantee shall make available for
examination or audit any books, documents, papers, or records pertaining to the activity.
Upon request by the CAC, the Grantee shall furnish at its own expense legible copies of
materials deemed pertinent, within 10 working days from receipt of the request.
DSRAD Grant Pass -through Agreement, Exhibit A
EXHIBIT B
FUNDING REQUEST FORM
Funding requests must be copied to all Core Decision Makers when submitted to the City
DATE REQUEST # REQUESTED
BY
TOTAL AMOUNT I $
REQUESTED
ACTIVITY DESCRIPTION
USE OF FUNDING ITEMIZED
HOW CAC GRANT SCOPE IS
SERVED
CAC BUDGET LINE
AMOUNT (Estimate)
ACTIVITY DESCRIPTION
USE OF FUNDING ITEMIZED
HOW CAC GRANT SCOPE IS
SERVED
CAC BUDGET LINE
AMOUNT (Estimate)
ACTIVITY DESCRIPTION
USE OF FUNDING ITEMIZED
HOW CAC GRANT SCOPE IS
SERVED
CAC BUDGET LINE
AMOUNT (Estimate)
ACTIVITY DESCRIPTION
USE OF FUNDING ITEMIZED
HOW CAC GRANT SCOPE IS
SERVED
CAC BUDGET LINE
AMOUNT (Estimate)
ACTIVITY DESCRIPTION
USE OF FUNDING ITEMIZED
HOW CAC GRANT SCOPE IS
SERVED
CAC BUDGET LINE
AMOUNT (Estimate)
DSRAD Grant Pass -through Agreement, Exhibit B
EXHIBIT C
INVOICE FORM
Submitting Org Name
Attn:
Address:
San Rafael, CA 94901
Phone:
Email:
Invoice #
BILL TO DISBURSE TO
Downtown San Rafael Arts District
City of San Rafael- Micah Hinkle
Economic Development & Innovation
Department 1400 Fifth Avenue San
Rafael, CA 94901
Invoice # I Date I Total Due I Due Date I Terms I Enclosed
Invoice Detail
Date I Budget/Activity I Description I Funding Request#/Date I Amount
AMOUNT DUE $
DSRAD Grant Pass -Through Agreement, Exhibit C
u,--)RAD
Pass
Throughs
Report-inal Audit 024-0.
Created: 2024-09-23
By: Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAFDV6EpDgJLe35IursTCHn_f8t-MRSm5Y
"DSRAD Pass Through Agreement _YouthlnArts" History
Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2024-09-23 - 10:26:37 PM GMT
Document emailed to morgan@youthinarts.org for signature
2024-09-23 - 10:27:22 PM GMT
? Email viewed by morgan@youthinarts.org
2024-09-24 - 5:55:49 PM GMT
Signer morgan@youthinarts.org entered name at signing as Morgan Schauffler
2024-09-24 - 6:05:42 PM GMT
Document e-signed by Morgan Schauffler (morgan@youthinarts.org)
Signature Date: 2024-09-24 - 6:05:44 PM GMT - Time Source: server
Agreement completed.
2024-09-24 - 6:05:44 PM GMT
Adobe Acrobat Sign
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
n/a
❑X
9/12/2024
b. Email contract (in Word) & attachments to City
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
9/12/2024
and return to Project Manager
n/a
❑X CTM
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
❑X
3
Project Manager
Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
4
Project Manager
When necessary, * contractor -signed agreement
IN N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000, or
Or
0
Public Works Contract> $125,000
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
9/12/2024
SL
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
7
City Attorney
Review and approve insurance in PINS , and bonds
(for Public Works Contracts)
8
City Manager / Mayor
Agreement executed by Council authorized official
9
City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
Audituz�)r\AD Pass Through Agreement -Youth In Arts
Final -..
Created: 2024-10-04
By: Laraine Gittens (laraine.gittens@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAA9PN7LhOgB2pb-dGzsVtOHN4rs-B4WI
"DSRAD Pass Through Agreement -Youth In Arts" History
Document created by Laraine Gittens (laraine.gittens@cityofsanrafael.org)
2024-10-04 - 11:32:12 PM GMT
Document emailed to cristine.alilovich@cityofsanrafael.org for signature
2024-10-04 - 11:33:32 PM GMT
Email viewed by cristine.alilovich@cityofsanrafael.org
2024-10-05 - 3:53:56 PM GMT
New document URL requested by cristine.alilovich@cityofsanrafael.org
2024-10-12 - 6:11:34 PM GMT
Email viewed by cristine.alilovich@cityofsanrafael.org
2024-10-12 - 6:13:32 PM GMT
.60 Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich
2024-10-12 - 6:14:21 PM GMT
Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org)
Signature Date: 2024-10-12 - 6:14:23 PM GMT - Time Source: server
Agreement completed.
2024-10-12 - 6:14:23 PM GMT
0 Adobe Acrobat Sign